Loading...
HomeMy WebLinkAbout1977-07-05; City Council; 5110-1; Request to operate a pawn shopCITY OF CARLSBAD • ' ' » ,_-„.,— .1.-- ....——.. n.n ,.... i ..• . n .,_.,j AGENDA BILL NO. 5110, Supplement 1 _ Initial: Dept.Hd. 5 1977 C. Atty.V DEPARTMENT: _ City Attorney _ C. Mgr. Subject: '..... .--. ; -->••• •.->•,,.,,.. , .,,, REQUEST TO OPERATE,- PAWN,-SHOP *- LORRAINE V. AND JOHN"Er*ROSASJ Statement of the Matter ., _ . . Q. City Council at your meeting of June 21, 1977, considered a request from Mr. and Mrs. Rosas to operate a pawn shop in the City of^Carlsbad. After a discussion the Council, returned the matter to the City Attorney for an additional report. A copy of that report is attached. The Planning Director has also prepared a further report on the matter which is attached. Exhibits COPY 1.- Memorandum dated June .29, 1977 from Planning Director to the Mayor and City Council 2.. Memorandum dated June 29, 1977 from City Attorney "to the Mayor and City Council Recommendation 1. If the Council concurs with the Planning Director that pawn shops and similar uses could be a problem in the downtown area.if they are allowed to be established at this time, you should instruct the Clerk to set the matter for public hearing and direct the City Attorney to prepare an interim ordinance prohibiting such uses as the Council sees fit within the redevelopment study area, pending completion of the planning efforts. 2. If the Council determines to deny the permit pursuant to Section 5.08.120, your action is to do so by motion indicating that the denial is premised on the undesirability of the use at that particular location considering the City's pending efforts to upgrade the area. 3. If the Council wishes to consider a total prohibition of pawn shops, you should return the matter to the City Attorney and direct him to prepare a further report and opinion on the legality of that course of action. £' MEMORANDUM DATE: June 29, 1977 TO: Mayor / City Council FROM: Planning Director SUBJECT: Planning Director's Report to City Council on Various Uses in Downtown Redevelopment Area During the City Council's consideration of a request to operate a pawn shop in downtown village area of the City of Carlsbad at their June 21, 1977 meeting, an oral report from the Planning Director was made. The Planning Director indicated that although a single pawn shop would not in his opinion have a detrimental effect on the village area of the City, that there are various types of uses which if allowed to group or become numerous would be detrimental or cause a blight effect in the village area. Some such uses are: - Thrift shops - Bars as separate uses - Adult entertainment establishments (including movie houses, books stores, etc.) - Massage parlors - Card rooms In some cities alcoholic beverage licenses are only allowed downtown after the city had approved a conditional use permit, the city only approved those conditional use permits for bonafide eating establishments with full kitchens and menus. It is my concern that if during the period of studying the downtown area for redevelopment a number of these uses were established, they could be counter-productive in trying to have a downtown revitalization program. If the Council agrees that there is a possible problem with these and other similar considerations of uses, there are various means in which they can address the particular issue. Council may wish to consider limiting the number of these uses in locations which have a close proximity to each other or to the absolute numbers, or Council may require a conditional use permit requiring public hearings and review before any such new uses can be established in the City of Carlsbad. Because there is a proposed redevelopment program in the downtown area, they could establish a one year moratorium on those types of uses in order for complete analysis and study of the downtown area to be presented to the City without the prior establishment of these uses. MEMORANDUM DATE: June 29, 1977 TO: Mayor / City Council FROM: City Attorney SUBJECT: Pawn Shops At your meeting of June 21, 1977, the Council had occasion to discuss the status of pawn shops in the City of Carlsbad. Pawn shops are not dealt with specifically in the Zoning Code. After consultation with the Planning Director it appears they would be permitted use in a C-2 Zone pursuant to Section 21.28.010(8) which allows "retail, wholesale or service businesses catering directly to the consumer". The only specific municipal code provision regarding pawn shops is Section 5.08.120 which is in the business license chapter. It seems to contemplate that pawnbroking may be allowed subject only to the business license requirement. The Council requested additional information as to their legal abilities to totally ban pawn shops and my initial review of the applicable authorities indicates that the legal issues involved in this matter are complex. There appears to be a large amount of authority on the question, some of which is in conflict. The general rule I believe is correctly stated by Professor Hagman in the California Continuing Education of the Bar publication, "California Zoning Practice". Professor Hagman states, "It is doubtful whether a large, multi-zoned community, with zones for a broad range of uses, can totally exclude a legitimate busi- ness use from the community". If the Council wishes to make a further consideration to a total prohibition, your Attorney would need additional time to do additional research on the matter. If the Council's concern is not with a total ban, but with the options available when dealing with the application before you, we should first consider Section 5.08.120. It contains a reference that the use "if permitted" must obtain a business license. The "if permitted" language could be interpreted as giving the Council authority to deny the use. There are several problems with that interpretation. In general, to be sustained licensing ordinances must contain some rational standards which a Council can apply in reaching their decision to grant or deny the license. This particular section has no such standards. Furthermore, the reports from the Planning Director and the Police Department indicate no derogatory information which would form grounds for a denial of the application. Finally, the section appears to be a licensing one which assumes the legitimacy of the operation which is a permitted use in the applicable zone. Before disposing of this application by a denial under Section 5.08.120, I suggest the Council consider that it may not solve the broader problem of other uses which might be deemed to detract from a revitalization of downtown. Under our zoning code a number of uses such as thrift shops, bars, adult entertainment centers and massage parlors could locate downtown as a matter of right. The Planning Director has reported on some of the Planning considerations in regards to pawn shops. If the Council has some concerns about the application at its present location it is my opinion that the appropriate way to deal with the situation is via the planning alternative. The Council has tentatively designated a survey area as part of the redevelopment program. It would be well within the Council's legal authority to make the judgment that, pending the completion of the initial planning efforts for redevelop- ment, certain restrictions should be placed on the types of businesses which could locate with a number of businesses which might be considered to not contribute to revitalization of downtown. The device for dealing with problems of this nature is to set a public hearing on the adoption of an interim ordinance. Such an ordinance would be effective for one year and could be extended for one year. It could by its terms prohibit the location of the listed businesses within the study area pending the completion of the initial planning efforts. This alternative would of necessitity dispose of the pending application since it could then be denied on the basis that the applicable zone did not allow the requested use. It would further deal with the broader problem of pawn shops in general to the extent that it is unlikely that they would seek to locate the C-2 zones outside the study area. Further, it would have the advantage of protecting the downtown against a range of similar uses, pending the Council's development of a revitalization strategy for the area. If the Council wishes to proceed with the interim ordinance, you should direct the Clerk to set the matter for public hearing at your next meeting and direct the City Attorney to prepare an interim ordinance prohibiting the location of such uses as the Council's sees fit within the study area, pending completion of the planning efforts. If the Council chooses to deny the permit pursuant to 5.08.120, a motion to that effect would suffice. I would suggest that such a motion be premised on the undesirability of the use at that particular location, considering the City's ongoing efforts to upgrade the area. If the Council wishes to consider the total prohibition of pawn shops, you should return the matter to the Attorney and request that he prepare a further report and opinion on the illegality of that course of action. 28. 31. 32. 33. 34. df /^/ 297 City Manager * ~ ia Bill #2151 - Supplemd _£f \MENDMENT TO PUBLIC Ehf-i-OYEES' RETIREMENT SYSTTHiQNTKMCT. Amendment to the Public Employees' Retirement System Contract resulting from Memorandum of Understanding with Miscellaneous Employees for FY 1976-77. Introduction of Ordinance No. 1202. Agenda Bill #3481 - Supplement #7 - FIFTH STORE ADDITION TO PLAZA CAMINO REAL SHOPPING CENTER. SAS. 29J Agenda Bill ( S JPAffil SHOP'- LORRAINE V. AMD JOHN E.~ROSAS. / ^-*^ ^~ Report" on request" to operate a pawn shop in the City of Carlsbad. Agenda Bill #5130 - SURVEY AREA DESIGNATION. Designating a certain area within the City as a edevelopment Survey Area. 'Resolution No. 5140. Agenda Bill #5131 - REQUEST FROM BICENTENNIAL COMMITTEE AND CARLSBAD HISTORICAL SOCIETY (TIME CAPSULET Agenda Bill #5042 - COMMITTEE ON SENIOR CITIZENS AFFAIRS VACANCY. Resolution No. 5058. . Agenda BiTI £5097 - APPOINTMENTS TO TRAFFIC SAFETY COMMISSION. Resolution Nos. 5116 and 5117. Agenda Bill #5112 - APPOINTMENT TO PARKS AND RECREATION COMMISSION. Resolution No. 5129. CITY COUNCIL ADDITIONAL BUSINESS: CITY ATTORNEY ADDITIONAL BUSINESS: CITY MANAGER ADDITIONAL BUSINESS: ADJOURNMENT: ' A. Letter dated June 14, 1977, from Chairwoman Lorraine Handy Boyce of the Policy Advisory Committee, AIR, enclosing the schedule for the Regional Air Quality Strategy tactics. opy of correspondence to the Board of Supervisors from the Assistant Chief Administrative Officer, Integrated Planning Office, dated June 29-, 1977, regarding Carlsbad Area General Plan Amendments and zoning changes.