HomeMy WebLinkAboutCC ORD 2004-2238 Extending Moratorium on Check Cashing BusinessesORDINANCE NO. 2004 - 2238
AN INTERIM ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY ADOPTED
PURSUANT TO GOVERNMENT CODE SECTION 65858
AS AN URGENCY MEASURE EXTENDING A MORATORIUM
ON THE ESTABLISHMENT OF CHECK CASHING BUSINESSES
AND PAYDAY ADVANCE BUSINESSES IN NATIONAL CITY
WHEREAS, National City, acting through its Community Development
Commission ("CDC"), has been very proactive over the years in efforts to revitalize the City
through redevelopment activities; and
WHEREAS, the CDC Board has created a redevelopment project area of
approximately 2,000 acres in the community; and
WHEREAS, in addition to various projects within the redevelopment project area,
the CDC Board is considering the submittal of zoning and specific plan proposals for approval
by the City, including the Downtown Project in the vicinity of 8' Street and National City
Boulevard, the Filipino Village Project along a portion of Plaza Boulevard, and the Mexican
Village Project along a portion of Highland Avenue; and
WHEREAS, a common element of the zoning and specific plan proposals is the
encouragement of projects within specified areas which would promote a certain atmosphere
and cohesiveness of land uses within those areas; and
WHEREAS, National City has in recent years experienced a proliferation of
businesses engaged primarily in the cashing of checks for a fee, herein referred to as "check
cashing businesses" and in advancing cash to customers in advance of payday for a fee, herein
referred to as "payday advance businesses"; and
WHEREAS, such businesses are in conflict with the contemplated
redevelopment, zoning and specific plan proposals described hereinabove and which the City
will be considering in the immediate future; and
WHEREAS, additional check cashing businesses and payday advance
businesses are proposed to be newly established or relocated within the City; and
WHEREAS, existing land use controls do not adequately address the potential
adverse effects of the proliferation of check cashing business and payday advance businesses
in the community; and
WHEREAS, the City Council finds that there is a current and immediate threat to
the public health, safety and welfare by the continued proliferation of check cashing business
and payday advance businesses, and that the continued issuance of building permits,
certificates of occupancy and other entitlements for use by check cashing businesses and
payday advance businesses would result in a threat to the public health, safety and welfare; and
WHEREAS, on December 2, 2003, the City Council adopted, as an urgency
interim ordinance, Ordinance No. 2003-2232, enacting a moratorium for 45 days on the
establishment of check cashing businesses and payday advance businesses in the City; and
ATTEST:
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WHEREAS, on January 6, 2004, the City Council held a public hearing, at which
time oral and documentary evidence was heard, to consider adopting an urgency ordinance to
extend the 45 day moratorium established by Ordinance No. 2003-2232 for an additional period
of 10 months and 15 days.
WHEREAS, the City Council finds it essential to protect the health, safety and
welfare of the citizens of the City of National City to extend the moratorium established by
Ordinance No. 2003-2232 for a period of 10 months and 15 days on the establishment,
development or approval of check cashing business and payday advance businesses; and
WHEREAS, the City Council intends to adopt, after appropriate study, zoning
regulations governing check cashing businesses and payday advance businesses throughout
National City as soon as practicable, and directs the Planning Commission of this City to
commence studies and procedures necessary for the adoption of such regulations.
NOW, THEREFORE, the City Council of the City of National City does ordain as
follows:
Section 1. For a period of 10 months and 15 days from the effective date of
this Ordinance, no building permit, certificate of occupancy, nor entitlement for use shall be
issued for and no construction shall take place relating to a check cashing business or payday
advance business, and no building permit, certificate of occupancy, nor entitlement for use shall
be issued for and no construction shall take place relating to the establishment, development, or
approval of any check cashing business or payday advance businesses.
Section 2. The City Council hereby directs the Planning Commission to
commence studies and procedures necessary for the adoption of regulations governing check
cashing business and payday advance businesses.
Section 3. This Ordinance shall not apply to projects where prior to
December 2, 2003, a building or demolition permit has been issued and substantial physical
work has begun in reliance on that permit.
Section 4. This Ordinance is adopted as an urgency ordinance necessary for
the immediate preservation of the public health, safety and welfare within the meaning of the
Government Code and shall take effect immediately.
Section 5. If any portion of this Ordinance is found to be invalid, it is the
intention of the City Council that the remaining valid provisions of the Ordinance be severed
from the invalid provisions and remain in full force and effect.
PASSED and ADOPTED this 6th day of January, 2004.
l�l�
Micy Clerk George H. Eiser, III
City Attorney
APPROVED AS TO FORM:
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Passed and adopted by the Council of the City of National City, California, on January 6,
2004, by the following vote, to -wit:
Ayes: Councilmembers Inzunza, Natividad, Morrison, Ungab.
Nays: Councilmember Parra.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
NICK INZUNZA
Mayor of the City of National City, California
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City Clerk of the Citylof National City, California
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was adopted on January 6, 2004,
under the provisions of Section 65858 of the California Government Code.
I FURTHER CERTIFY THAT the reading of said ordinance in full was dispensed with
by a vote of not less than a majority of the members elected to the Council.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2004-2238 of the City Council of the City of National City, passed
and adopted by the Council of said City on January 6, 2004.
City Clerk of the City of National City, California
By:
Deputy