2013/07/23 City Council Ordinance 859ORDINANCE NO. 859
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROHNERT PARK, CALIFORNIA, ESTABLISHING A TEMPORARY MORATORIUM
ON AND PROHIBITING THE ISSUANCE OF PERMITS OR OTHER ENTITLMENTS
FOR THE ESTABLISHMENT, EXPANSION OR RELOCATION OF PAWN SHOPS
PENDING THE REVIEW AND POSSIBLE AMENDMENT OF ZONING AND OTHER
REGULATIONS TO SUCH BUSINESSES AND ACTIVITIES, TO BECOME
EFFECTIVE IMMEDIATELY
THE CITY COUNCIL OF THE CITY OF ROHNERT PARK HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Authority. This Ordinance is adopted pursuant to the provisions set forth in Government
Code Sections 65868 and 36937 and pursuant to other applicable law.
SECTION 2. Findings.
A. Pursuant to Article XI, Section 7 of the California Constitution, the City of Rohnert Park may make and
enforce all regulations and ordinances using its police powers.
B. The stated purpose of the Rohnert Park Zoning Code, codified as Chapter 17 of the Rohnert Park
Municipal Code (RPMC), is to manage future development and growth consistent with the Rohnert Park
General Plan and ensure that development creates harmonious, convenient, workable relationship
among land uses.
C. Under RPMC Chapter 17, pawn shops (an undefined term) are conditionally permitted in the C -R
Regional Commercial Zoning District as provided for in Chapter 17.06.060.
D. The Graton Resort and Casino project, a casino development with Las Vegas style gambling and a
3,000 slot- machines located adjacent to the city limits ( "Graton Casino "), is expected to open by
November 1, 2013. The Graton Casino will operate 24 hours a day, 7 days a week, and is expected to
attract - on average - approximately 8,000 visitors per day from locations throughout the Bay Area and
beyond.
E. The Graton Casino, like other casinos in California and the United States, is expected to foster growth in
related businesses that cater to the resort and casino clientele. The demand for pawn shops is
expected to increase with the opening of the Graton Casino, as patrons may seek means of converting
their personal property into cash. As a result, the City has received inquiries and anticipates numerous
requests by operators regarding the applicable regulations for pawn shops.
F. The RPMC's regulations of pawn shops need to be studied to consider the disbursement of such
businesses throughout the zoning districts, proximity to similar businesses, and operational regulations
such as the hours of operation in relation to public health, safety and welfare concerns, including the
impacts these businesses may have on the surrounding uses and the community.
G. In general, these types of businesses, when not properly regulated, have resulted in serious harmful
effects, including but not limited to loitering, burglaries and robberies, attraction of vagrants, lowering
surrounding property values, increase of public nuisances, blight, offering a market for stolen
merchandise, and an increase in other criminal that negatively impacts the health, safety and welfare of
the City and surrounding community.
H. The City has concluded that the best method of protecting the public health, safety, and welfare is to
explore regulations concerning the placement, establishment, and possible operational conditions of
pawn shops within the City.
Government Code sections 65858 and 36937 authorize the adoption of an interim urgency ordinance to
protect the public health, safety and welfare, and to prohibit otherwise permitted land uses when those
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uses may conflict with land use regulations that the City's legislative bodies are considering, studying or
intending to study within a reasonable time.
J. The City published notice of the public hearing to consider the adoption of this interim urgency
ordinance in accordance with Government Code § 65090, held a public hearing on July 23rd, and
considered the public's testimony.
K. The City Council hereby determines that the RPMC is in need of further review and possible revision to
protect the public against potential negative health, safety, and welfare impacts and to address potential
deficiencies in its Code associated with pawn shops. Further, staff needs time to study whether to limit
such businesses to certain zoning districts, which districts would be appropriate for such uses, and what
design and operating conditions and restrictions would advance the public's interest.
L. Failure to adopt this moratorium would impair the orderly and effective implementation of contemplated
amendments to the RPMC, and any further authorization of pawn shops within the City during the
period of the moratorium may be in conflict with or may frustrate the contemplated amendments to the
RPMC
M. The City Council further finds that this moratorium is a matter of local and City -wide importance and is
not directed towards any particular pawn shops that currently seek(s) the issuance of a permit.
SECTION 3. Imposition of Temporary Moratorium.
A. In accordance with the authority granted the City under Government Code section 65858 and 36837,
and pursuant to the findings stated herein, the City Council (1) hereby finds that there exists a current and
immediate threat to the public health, safety, and welfare requiring this change in the City's permitting provisions
for pawn shops, (2) further finds that this ordinance is necessary for the immediate preservation of the public
peace, health and safety, and (3) hereby declares and imposes a temporary moratorium for the immediate
preservation of the public health, safety and welfare as set forth below.
The City orders as follows: For a period of forty -five (45) days from and after the date of adoption of this
Ordinance, no permits (including use permits, conditional use permits, special or temporary permits) or other
applicable use entitlement (including variances, building permits, or business licenses) under Chapters 17 of the
RPMC may be issued for the establishment or operation of a new pawn shops within the City, except as
otherwise provided for herein. In addition, no existing pawn shops may be relocated or expanded, whether by
means of additional space, construction of new facility, or by reconfiguration.
The moratorium set forth above shall not apply to the renewal of any existing business license for a
pawn shop (provided the renewal seeks to maintain the business in the existing location)
B. For purposes of this Ordinance, the terms pawn shop shall mean any room, store, building or other
place in which the business of pawn brokering, or the business of lending money upon personal property, pawns
or pledges; or the business of purchasing articles from vendors or their assignees at prices agreed upon at or
before the time of such purpose is engaged in, carried on or conducted.
C. Establishment or operation of unpermitted pawn shops in the City of Rohnert Park shall be a
public nuisance per se, enforceable by any applicable law, including but not limited to injunctions, administrative
citations or criminal penalties.
SECTION 4. Legal, Operational and Planning Study. The Planning Department and the City
Attorney's Office are directed to study and analyze issues related to the establishment, permitting, and operation
of pawn shops within the City, and their potential impacts on public health, safety and welfare of the community,
the desirability of such pawn shops in various zones, and the extent of regulatory controls, if any, to impose on
such pawn shops. The City Council directs that all studies be pursued as expeditiously as practicable. In order
to prevent frustration of these studies and the implementation of new regulations, the public interest, health,
safety, and welfare require immediate enactment of this Ordinance.
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SECTION 5. Written Report. Pursuant to Government Code section 65858, staff must prepare for
consideration and issuance by the City Council a written report describing the measures taken to address the
conditions which led to adoption of this Ordinance. The report will be provided to the City Council so that it may
be considered and issued no later than ten (10) days prior to the expiration of this Ordinance.
SECTION 6. Environmental Review. The City Council finds that this ordinance is not subject to the
California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a
direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not
a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly;
rather it prevents changes in the environment pending the completion of the contemplated municipal code
review.
SECTION 7. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such
decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares
that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase
not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be
subsequently declared invalid or unconstitutional.
SECTION 8. Effective Date and Duration. This ordinance is an urgency ordinance enacted under
California Government Code sections 65858(a) and 36937. This urgency ordinance is effective upon adoption
by a four -fifths (4/5) vote of the City Council and will extend for a period of forty -five (45) days from the date of
adoption at which time it will automatically expire unless extended by the City Council in accordance with
California Government Code section 65858.
SECTION 9. Publication. The City Clerk is directed to cause this ordinance to be published in the
manner required by law.
This ordinance was introduced and duly adopted by the City Council of the City of Rohnert Park at the regular
meeting held this 23`d day of July 2013 by a four -fifths vote of the City Council as follows:
AYES: FOUR (4) Councilmembers Ahanotu, Mackenzie, Callinan and Mayor Stafford
NOES: NONE (0)
ABSENT: ONE (1) Councilmember Belforte
ABSTAIN:NONE (0)
+,
nne Buergler
y C)7rk
Michele M. Kenyon
City Attorney
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Pam Stafford, Mayor
STATE OF CALIFORNIA
COUNTY OF SONOMA
CITY OF ROHNERT PARK
ss.
CITY CLERK'S CERTIFICATION OF
THE ADPOTION OF ORDINANCE
I, JoAnne Buergler, City Clerk of the City of Rohnert Park, do hereby certify that the foregoing
Ordinance No. 859 was introduced and adopted, as an urgency measure pursuant to California Government
Code section 36937 (b), at a regular meeting of the City Council on the 23 day of July, 2013 by the following roll -
call vote:
AYES:
FOUR (4) Councilmembers Ahanotu, Mackenzie, Callinan and Mayor Stafford
NOES: NONE (0)
ABSENT: ONE (1) Councilmember Belforte
ABSTAIN: NONE (0)
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JoAnne Buergler
CITY CLERK
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