HomeMy WebLinkAboutCC ORD 2004-2254 Extending Moratorium on Check Cashing BusinessesORDINANCE NO. 2004 — 2254
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 FOR ONE YEAR
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 8th
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
WHEREAS, on January 6, 2004, the City Council held a public hearing, at
which time oral and documentary evidence was received, and adopted Ordinance 2004-
2238, 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; and
WHEREAS, at their regular meeting of October 4, 2004, the Planning
Commission considered the matter of check cashing businesses and payday advance
businesses and directed City staff to proceed with developing regulations for such
businesses; and
WHEREAS, at their regular meeting of October 19, 2004, the City Council
approved and issued a written report describing the measures taken to alleviate the
condition which led to the adoption of the moratorium ordinance; and
WHEREAS, at their regular meeting of November 16, 2004, the City
Council held a public hearing, at which time oral and documentary evidence was
received, to consider adopting an urgency ordinance to extend the 10 month and 15 day
moratorium established by Ordinance 2004-2238 for an additional period of one year;
and
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 one year 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.
NOW, THEREFORE, the City Council of the City of National City does
ordain as follows:
Section 1. For a period of one year 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.
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Section 2. The City Council hereby directs the Planning Commission
and City staff to undertake studies and make recommendations 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 16th day of November, 2004.
ATTEST:
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Mic R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
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Passed and adopted by the Council of the City of National City, California, on
November 16, 2004, by the following vote, to -wit:
Ayes: Councilmembers Inzunza, Natividad, Morrison, Parra, Ungab.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
NICK INZUNZA
Mayor of the City of National City, California
A
City Clerk of the City 9? National City, California
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was adopted on November 16,
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. 2004-2254 of the City Council of the City of National
City, passed and adopted by the Council of said City on November 16, 2004.
City Clerk of the City of National City, California
By:
Deputy