Loading...
HomeMy WebLinkAboutS01-Council Office . CITY OF SAN 'BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: Council Office D.t" S'p',mbd. 2~ ~ \G\~t>-\. Subject: AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO ESTABLISHING A MORATORIUM ON CERTAIN NEW BUSINESSES AND THE RELOCATION OF SAID BUSINESSES IN THE CITY, DECLARING THE URGENCY THEREOF, AND TAKING EFFECT IMMEDIATELY From: Council member Wendy McCammack Meeting Date: October 4, 2004 Synopsis of Previous Council Action: Recommended motion: Adopt the urgency ordinance, and refer the matter to the Legislative Review Committee for further review. Contact person: Council member McCammack Phone: 384-5068 Supporting data attached: Staff report, ordinance Ward: All FUNDING REQUIREMENTS: Amount: none Source: (Accl. No.) (Accl. Description) Finance: Council Notes: IO~ Agenda Item No. .:s...L..- STAFF REPORT Subiect: An Urgency Ordinance of the City of San Bernardino establishing a moratorium on certain new businesses and the relocation of said businesses in the City, declaring the urgency thereof, and taking effect immediately. Backl!round: In the spring of 2000, representatives from the Neighborhood Cluster Associations approached the Mayor to discuss a possible moratorium on the establishment of certain types of businesses. It was their suggestion that the over-concentration and proliferation of these businesses have certain adverse impacts upon the community, including additional crime, loitering, blight, poor signage, and a negative impact on the City's business climate. The businesses in question included thrift stores/used merchandise stores, "99 Cent" stores, liquor stores, check cashing stores, paycheck advance stores, pawn shops, and similar businesses. The Legislative Review Committee had a series of discussions regarding these concerns over the next several months. The Business Improvement Program was developed, working with the Chamber of Commerce to encourage businesses to make improvements to their properties. However, the moratorium concept was not pursued further. Since that time, the number of these types of businesses has continued to grow in the City. While quality commercial development has been taking place in the City again since the early 2000's, these types of businesses have also been multiplying. Many in the business community and neighborhood groups have continued to express concerns regarding these businesses and the impacts they bring. At the "Resurrecting the American Dream" forum hosted by the Mayor's Office on September 28, 2004 and attended by Co unci I members Estrada, McCammack, and Johnson, this issue was raised again. The proposed urgency ordinance will prevent the establishment of any of the following new businesses or relocations of existing businesses of these types during a nine (9) month moratorium period: . Smoke shops . "99 Cent" Stores . Tattoo parlors . Second Hand! thrift stores . Check cashing stores . Convenience stores (within a one-mile radius of another convenience store) . Pawn shops . Automotive stereo shops The proposed moratorium will allow time to evaluate and make recommendations to the Legislative Review Committe and the Council, and if necessary, the Planning Commission, conceming the numbers and concentrations of these businesses. Other serious issues that need to be addressed during this period include but are not limited to their impacts on crime, loitering, litter, illegal signage, property maintenance, property values and more importantly the success of already struggling small businesses along some of our cities oldest commercial 1 corridors. These and other factors that impact quality of life are the reasons for this urgency ordinance. The Police Department, Code Compliance, and Development Services have all previously expressed concerns regarding the secondary adverse effects of these types of businesses. It is thought that these businesses are contributing to the degradation of the quality of the areas of the City in which they are located, and contribute to blight. These issues will be more specifically researched during the moratorium period. In addition, as we update the General Plan to set for the vIsion for the future of San Bernardino, it is important to limit these businesses and their locations to allow time to fully consider their impacts and compatibility with the new General Plan. Research To Date Rel!ardinl! Moratorium Concept Information has been gathered concerning the use of moratoria in other cities in California. A survey taken in 2000 by the League of California Cities indicated that 147 cities had "imposed an interim ordinance/moratorium in the last 5 years". Highlights of the survey include the following: . Check cashing and pawnshop uses were subject to a 2-year moratorium in the City of Claremont; . Check cashing an other "undesirable/concentration" of like businesses in the downtown redevelopment area were subject to a 45-day moratorium, which was then extended, in the City of Oceanside; . Check cashing and tobacco stores were subject to a maximum 2-year moratorium in the City of San Leandro. Other information has been gathered regarding the use of moratoria to regulate the proliferation of certain businesses: . In the City of Claremont, an interim urgency ordinance was adopted that temporarily prohibited tattoo parlors in that city. That ordinance was then replaced with a permanent ordinance that bans tattoo parlors; . In the City of Oakland, an urgency ordinance was adopted that imposed a moratorium on check cashing businesses. Following that moratorium, Oakland adopted a new use classification for these businesses, limited the zoning districts in which they can operate, imposed minimum distances between like activities, and set certain performance standards concerning blight, security, and adverse impacts. Attached is a set of documents obtained through this research, including the League's survey and other information. Fiscal Impact: None Recommendation: Adopt the urgency ordinance, and refer the matter to the Legislative Review Committee for further review. Attachments: I. League of California Cities survey; 2. Interim Urgency Ordinance temporarily prohibiting tattoo parlors - City of Claremont; 3. Interim Urgency Ordinance temporarily prohibiting pawn shops and check cashing stores - City of Claremont; 4. Agenda Report and Urgency Ordinance concernmg a moratorium on check cashing businesses - City of Oakland; 5. Agenda Report and Ordinance concerning regulation and limitations on check cashing businesses - City of Oakland. Interim Ordinance Survey This is a survey that the League of Cali fomi a Cities conducted in June 2000, regarding interim ordinances and moratoriums. Initially. the survey was in response to SB 162 I , and the results were used to create a case against the bill. Below is a copy of the actual survey, which over 250 cities responded to. Starting on the second page is a list of the cities that responded, broken down into yes and no responses, and then further broken down into the various fields that interim ordinances or moratoriums were enacted. The Survev: 1) City: Name: Contact Info: 2) Has your city imposed an interim ordinance/moratorium in the last 5 years? Circle one: (yes) (no) 3) What was the specific issue of the ordinance? (i.e. housing, environment, etc.) \ 4) How long \\'as it in effect? 5) If a housing development project was a triggering event, what was the eventual result~ (i.e. approved, denied, etc.) @ 1621 Survey -Interim Ordinances Cities \\ho responded with ~O - 106 Alturas Angels Arroyo Grande Arvin Auburn Avenal Belmont Belvedere Biggs Bishop Bly1he Buellton Calipalria Carson Chino Colusa Concord Coming Delano Dunsmuir EI Centro Encinitas Etna Exeter Fairfield Fannersville F erndalc Firebaugh Fort Bragg Foster City Gilroy Grass Valley Grover Beach Hanford Healdsburg Hillsborough Hollville Huntington Beach Jackson King City Kingsburg Laguna Hills Laguna Niguel Larkspur Lathrop Lincoln Lindsay Livingston Loomis Los Altos Hills Los Gatos Madera Mammoth Lakes Maywood Menlo Park Merced Mill Valley M1. Shasta Orange Orland Palos Verdes Estates Patterson Pismo Beach Placerville Pleasanton Plymouth Porterville Rancho Cucamonga Rancho Mirage Rancho Santa Margarita Red Bluff Redlands Redwood City Riverbank Rolling Hills Roseville San Carlos San Diego San Gabriel San Joaquin San Luis Obispo Santa Clara Santa Cruz Santa Fe Springs Santa Rosa Shaner Simi Valley Solana Beach Sonora South Lake Tahoe Suisun City Tehachapi Tehama Tiburon Torrance Tule Lake Turlock Twentynine Palms Villa Park Wasco Waterford Weed West Sacramento Willits Woodlake Y reka Citifs with YES rfsponsfs - 147 cities (+3 pending): Issues, start date/length of lime: Commercial Sites - 40 cities: Alameda - Albany - Anaheim - Apple Valley- Artesia - Berkeley - Chino Hills- Claremont - Clovis - Commerce - Cypress - Davis - La Puente - La Vcme- Laguna Beach - Lake Elsinore- La\\'ndale - Lomita- Los Altos- Marina - Monlebello - Moorpark - Newark - Newport Beach - Oceanside - Oxnard - Palm Springs - Pasadena - Riverside - San Leandro - Santa Ana - Saratoga - Seal Beach - Signal Hill - South Gate - Stanton - Future regulation of commercial sites, 8 months (current) Offices encroaching onto ground floor commercial, 45 days Vending from vehicles, 15 months Commercial properties on I site, current Develop site plan for commercial sites, I yr and extended Fast food and offices in certain geographic areas, 1-2 years Automotive uses, car washes, fortune telling; I year Check cashing and pawnshop uses, 2 years Review of zoning for commercial site, 19 weeks Hotels and Motels, 2 years (pending) Auto-related uses in a Specific Plan area Commercial Highway Construction Indoor swap meets, 1 year Drive Through Businesses, I year Allowed land uses in the downtown, 2 years Palm readers and fortune tellers, I year Preparation of Specific Plan for Primary Commercial Streel, 10 months Hotels and Motels, I year Uses in Downtown Commercial district, 2 weeks Mini-storage moratorium, 2 years Offsite sale of alcohol, 12 months (current) Development on downtown specific plan area, 6 months Zoning restrictions to Commercial development, 2 years Fast food restaurants, 90 days Moratorium on check cashing and other "undesirable/concentration" of like businesses in downtown redevelopment area, 45 days and pending Theater uses, swap mects, full amount of time by law Pawn shops surrounding tribal casino, 15 months Self-Storage facilities, 1 year Preclude automotive garage, 10 months Check cashing; tobacco stores, on going, max, 2 years Hotels and Motels Pressure to develop commercial sites, 1 year to date Three-story commercial buildings, 6 months (1998) Incompatible commercial zone near residential, 13 months Liquor serving establishments, pool halls, I to 2 years Neighborhood commercial zone prohibit land use, I year General Plan and Development, 38 cities: Antioch - Housing (rate of growth), 2 years Arcadia _ Regarding housing element in GP, adopted 6/22,45 days Atascadero - General Plan update, 2 years Benicia _ Expand design review process for public review of General Plan zoning, 2 years Industrial operations at night near residential, 15 months Housing, 12 months (project later approved) Planned Development Zoning Amendment, current, expected to last 10-11 months for evaluation Prohibition of constmction during Specific Plan review, 2 years Study of amendment to housing element, 2 years "Small lot" single-family homes, 45 days, probably extend 2 more months Duplex design review Housing and Environment, in effect 2 years, on Nov. ballot Redevelopment, 3 months Development of Speci fie Plan, I year Housing Development Standards, 8 months Subdivision maps, then building permits for any property that would require a water connection, 2 years. then 5 years General Plan reviews for consistency, 45 days to I year Housing Densities, 1 year Non-compliance with conditions on final map (later met) Design guidelines for EI Toro Rd. Redevelopment Project Agency, I year Residential building height on individual homes. 10 months Development impact of housing on schools, 2 years (app.) General Plan (new city), 1991-1993 Housing and Environmental cone ems, I year Flag lot subdivisions, I year Housing, 6 months General Plan and zoning amendments studied, 2 years All development in city center, 45-60 days Moratorium on building permits at 2 intersections, 4 mono Moratorium on "Monster houses," 2 months to create new standards Taft - Temple City- Vaca\ilk - Walnut Creek- Brisbane - Brentwood - Campbell - Claremont - Clayton - Costa Mesa- Da\is - Dublin - East Palo Aha - Fillmore - Fortuna - Hughson - Indian Wells- Inglewood - lone - Lake Forest - La Quinta - LivcmlOre - Malibu - Milpitas - Pasadena - Pomona - Redondo Beach - Rohnert Park - Rosemead - San Jose- Disallowing institutional uses in downtown, 4 months Restaurants, 45-60 days Prohibits food stores on vacant commercial sites (allows new food stores in neighborhood or downtown districts; also reconstmction, expansion. or new stores in ex isting centers), sunsets May 2001 Night Club Establishment, 5 months San Juan Capistrano - General Plan update, 2 years San ~lateo - Subdivisions in 1 neighborhood; demolition of single- family dwellings, 7 months each DCl'elopment regulations, 14 months Prohibit annexations until new guidelines written, I year Adoption of uniform building codes, 3 months (1995) Subdivisions, I year Address access, housing, economic development, 1 year Moratorium on permits pending General Plan, 2 years Santa Ana - Santa Paula - Seal Beach - Vemon - Watsonville - Winters - Adult Oriented Businesses/:\Iassage Parlors/Adult Use - 32 cities: Baldwin Park - Massage Parlors, 24 months Barstow - Sexually oriented businesses, 120 days Bell Gardens - Adult ordinances, 24 months Commerce - Adult businesses, 2 years Corona - Adult Entertainment, I year Culver City - Adult uses, 2 months Cypress - Adult businesses, less than maximum length of time Fullerton - Adult oriented businesses, 45 days Glendora - Adult Businesses, total of 2 years Hesperia - Adult Businesses, 45 days Inglewood - Massage-related businesses, 45 days La Habra - Adult Use, I year Lake Elsinore - Adult uses, 2 years Lomita - Adult Businesses, I year Los Banos - Adult entertainment businesses, 6 months I'vlontclair - Adult Businesses, 180 days Monterey Park - Adult theaters and Massage Parlors, 180 days and 120 days, respectively Norwalk - Sexually oriented businesses, 2 years Ontario - Adult Businesses, app, 45 days Reedley - Sexually oriented business, 2 years Rialto - Adult oriented businesses, 1 year San Leandro - Adult oriented businesses, 2 years Santa Ana - Adult uses, 14 months Santa Maria - Adult businesses, 12 to 18 months Soll'ang - Adult businesses, 9 months, 2 days South Ell\lonte - Adult businesses, 1 year South Gate - Massage Parlors, 1 to 2 years South Pasadena - Massage Parlors South San Francisco- Adult entertainment, I year Temecula - Adult Businesses, 1 year Vallejo - Adult uses, 9 months Yucaipa - Adult oriented business, 2 years Other - 26 cities: Hillsidc dcvclopmcnt, 18 months Dcvclopmcnt on railroad right of way, app. I ycar Sccond story additions; lot-linc splits, less than 6 months Alterations to Historic Resources, 45 days Dcmolition of historic buildings; prohibition of glass containers downtown, 6 months in both cascs Burrowing Owls (no grading of surface) Building permits in historic district, total of 2 years Historical buildings, 2 years Hillsidc developmcnt, currently in effcct Ncw light industrial developmcnt, 9 months Historic Prescrvation, 2 years Architectural rcview, I year Mobile Home Rent Control, 180 days Mobile home park rent increase; alcoholic beveragc permit, 3 months and 9 months, respectively Tree removal, 45 days Change in zoning regarding height, 2 years Regulatory landscaping, 1 month Flood Control, limiting development on properties in area, renewed on year-to-year basis Novato - Prohibiting medical marijuana dispensaries, 10.5 months Oakland - Trucking uses near residential neighborhoods, 21 months Pacifica - Tree protection, still in effcct Pico Rivcra - Use of property in transition (aerospace facility), 10.5 mono South San Francisco- T; JCk/transportation based industry expansion, 9 months Tnlckee - Traffic congestion created by devclopment, 3 yrs, 10 mono Visalia - Historic Prcscrvation district Wcst Holly"\"ood - Conversion ofrcsidential to bcd and brcakfasts, I year Bradbury - Brca - Burlingamc - Carrnel-by-the-sea - Chico - Davis - Glcndora -- HCllllosa Bcach - Lafayette - La Puentc - 1\larina - Marysvillc - Montclair - J\loorpark - Moraga - Morro Bay - Mission Vicjo - Napa - Telecommunications, Antenna siting -16 cities: Api,le Valley, currcnt Bucna Park. 1 ycar Claremont, 6 months (ordinancc that was crcated during moratorium won award from Los Angclcs Scction Amcrican Plalming Association) Fairfax, 2 years Glendale, 6 months Hespcria, 45 days Lakewood, I year Los Alamitos, 90 days Marysvillc, Icss than 1 ycar Paramount, 3-6 months Pinolc, 90 days Pomona, 6 months Stockton, 6-8 months Temecula, 9 months (intent of moratorium) Westminster, 1 year (currently in effect) \\1 alnut, 5 months i\lultiple Unit Housing - 10 cities: Colma - Multiple Unit Housing, 2 years Fontana - Multiple Family Residential/Second dwelling unit dev Fullerton - Multiple Unit Housing, 45 days (app.) Lake Elsinore - Multifamily Housing, 2 years (app.) Lancaster - Multiple Unit Housing, will be 2 years Monte Sereno - Multiple Unit Housing, 3 months (app.) Palmdale - Multifamily housing, currently in effect (one project delayed and eventually approved, under construction now) Multiple Unit Housing, 2 years Multiple Unit Housing, starts 6/26/00 Apartment development; reconsidered density Reedley - Oakley - Upland - Signs - 10 cities: Chino Hills - Colfax - Fowler - Los Angeles - Pasadena - Reedley - Rocklin - South Gate - Stockton - Whittier - Billboards, I year Banner signs, one for 120 days, another for 60 days Billboards, 10 months, current Signage controls, I year Off-premise signs (billboards), I year Off-site advertising, I year Sign regulation, currently in effect Billboards, on-going I to 2 years Billboards, 6.8 months Signs, no expiration date WaterlSewer Issues - 9 cities: Hollister - Limited wastewater capacity, 10 months !vlanteca - Sewer development agreement, 3 years San Marino - Proposed reservoir construction, "a few months" Sanger - Sewer plant capacity (4 new subdivisions), 2 years Santa Ana - Sewers, 3 months to 14 months Scotts Valley - Sewer capacity, 6 months Sutter Creek - Sewer hookup moratorium imposed by Environmental Health Department, 14 months Sewer capacity, 2 years Inadequate water supply, 2.5 years Woodside - Yountville - Outdoor Sales/Entertainment- 2 cities: Agoura Hills, I year Del Mar, I year u, ( UKGL , 3!22!94~ ,YJ 1 ORDINANCE NO. U4-6 2 AN INTERIM URGENCY ORDINANCE OF THE CITY OF CLAREMONT TEMPORARILY PROHIBITING THE ESTABLISHMENT OF BUSINESSES OFFERING TATTOOS OR 3 PERMANENT COSMETICS PENDING STUDY AND ADOPTION OF REGULATORY STANDARDS. 4 WHEREAS, the City of Claremont has received an application for 5 the issuance of a business permit for a tattoo studio within the city; and 6 WHEREAS, in california, tattooing is an adult-oriented business, as it is illegal to tattoo a person under the age of lB 7 years; and WHEREAS, tattooing is a process by which blood-borne pathogens B may be transmitted to or from customers and employees, including, but not limited to, Hepatitis Band HIV; and 9 WHEREAS, the increasing incidence and severity of blood-borne diseases has led to the adoption of federal standards for the 10 protection of employees from blood-borne pathogens, but not for clients of tattooists; and 11 WHEREAS, the Center for Disease Control has stated that regulation of safety regarding tattooing is a matter for state and 12 local regulation, rather than federal regulation; and WHEREAS, Assembly Bill 37B7, proposing the comprehensive 13 regUlation of tattooing, body piercing, and permanent cosmetics, has been introduced, but there is at present no state regulation of 14 tattooing beyond the prohibition of tattooing of minors; and WHEREAS, neither the county of Los Angeles nor the city of 15 Claremont at present regulates tattooists or tattoo businesses either as to operation or location, both of which require special 16 consideration; and WHEREAS, Government Code Section 36937 authorizes the City 17 Council to adopt, by a four-fifths vote, an urgency ordinance which is necessary for the immediate preservation of the public peace, lB health or safety; NOW, THEREFORE, the City Council of the City of Claremont does 19 ordain as follows: 20 Section 1. The City Council finds and determines that the absence of state or local regulation of tattooists to protect their 21 customers from transmission of blood-borne pathogens constitutes an immediate threat to public health, safety and welfare. 22 Section 2. During the time that this ordinance is in effect, 23 no business permit, certificate of occupancy, or any other permit shall be issued or approved for any business which provides 24 tattooing or permanent cosmetics services, nor shall any existing permit be transferred to a new location. It shall be unlawful to 25 provide tattooing services or permanent cosmetic services without a valid business permit issued for such business at the location 26 specified in the business permit. "Tattooing" or "permanent cosmetics" shall mean the insertion of pigment under the surface of 27 the skin of a human being, by pricking with a needle or otherwise, so as to produce an indelible mark, or to permanently change the 2B color or appearance of the skin. -1- Orct. No. 94-6 1 section 3. Nothing in this ordinance shall apply treatment administered personally, and in good faith, practice of medicine by a physician licensed to practice state. to any in the in this 2 3 section 4. No person, whether as principal, agent, landlord, 4 employee or otherwise, shall violate, cause the violation of, or otherwise fail to comply with any of the requirements of this 5 ordinance. Every act prohibited or declared unlawful, and every failure to perform an act made mandatory, shall be a misdemeanor or 6 an infraction, at the discretion of the city attorney or the district attorney. 7 In adaition"to the penalties provided in this ordinance, any 8 condition caused or permitted to exist in violation of any of the provisions of this ordinance is declared a public nuisance and may 9 be abated by civil proceedings, such as restraining orders, civil injunctions, abatement proceedings, or the like. The expense of 10 such abatement proceedings may, by resolution of the City Council, be declared to be a lien against the property on which such 11 nuisance is maintained, and such lien shall be made the personal obligation of the property owner. 12 section 5. This ordinance is adopted under the provisions of 13 Government Code section 36937 (b) and shall take effect immediately upon its passage by a four-fifths vote of the City council and 14 shall be of no further force and effect after July 31, 1994. 15 Section 6. The Mayor shall sign this ordinance and the City Clerk shall attest and certify to its passage and adoption by a 16 four-fifths vote of the City Council, whereupon this ordinance shall take effect and be enforced. This or"dinance shall be 17 published within fifteen (15) days of adoption, in the Claremont courier, a semi-weekly newspaper of general circulation, printed, 18 published, and cirCUlated in the City of Claremont. 19 Passed, approved and adopted this 22nd day of March, 1994. ~ . -" --.~~. Mayor of Claremo~ \ 20 21 22 ATTEST: - \/};l.u:h ,~ ,fi 'j1~-'a('~ City Clerk of the c~fy 9 Claremont 25 APPROVED AS TO FORM: 23 24 26 _lPm""- ~ _-=tU.~ cit Attorney of the city of Claremont 27 , 28 -2- CITY AnORHIEY C:UIllC..OHT, CAl.It"OIlH.. II 1 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF CLAREMONT ss. 2 3 4 I, BARBARA A. ROYALTY, City Clerk of the city of Claremont, 5 county of Los Angeles, state of California, hereby certify that the on an Urgency basis 6 i foregoing Ordinance No. 94-6 was introduced! at a regular 7 I meeting of said council held on the 22nd day of ~,ia rch , 1994, 8 9 10 11 12 that it was regularly passed and adopted by said city council, signed by the mayor, and attested by the city clerk of said city, all at a regular meeting of said council held on the 22nd day of ~larch , 1994, and that the same was passed and adopted by the following vote: 13 14 15 16 17 18 19 AYBS: Counci1members Letga, Smith, Wright. ~aror Rin~ Councilmembers Presecan HOES: None ABSENT: councilmembers Claremont 20 21 22 23 24 25 26 27 28 - PROO' 0, r U8LICA liON OOIUC C P,l S-;.-E o~ CAUFC~~I" CO,",'''~ o' L.o~ ':'''g~I~~, I 4'" it c'Llen ollMe U""'f'O SIdles ilnd a re\,dl!"~ ::llMp Co"n'Y alorC'5al::!: I I"" 0".' !!'Ie "9l!' 01 e,~h't'e" .ea~5. alld nOI it poYfy to O' ;"tl!"~5'.d ,I' '."e atlove-er"llllled m.tler.1 11m 'he prll"lClpal clerk Of '~t' prinler 01 Il'le CL.~~.~ '~:-?~~. .<::~.L:~!~~. a "e"'5Da,u~r 0' Ql"ne'oJ. (1""lallon. prl,,'.d I ~mi'...C'e",lv dndout!,shed.......,.......................... (I~remof'll in Ii'll!' Cth of. ......_....... COUI'1')' 01 Los An;C':e'. and whlcl'l "l!'WsoaPt' has ~en adjudg.d. "ewsPIPt'r of 'i!(>"eral c,rC:"lIaIIOr'l by t!'le Superior Court 01 Iht' Coun,.,. 01 Los Ange1el, State 01 c.,1l10rn'd, under ,t.!!' d,1Ie of...~~!.~. ".~~, CDol C.Ut Number .......,...."..:ll'lalll'lenotlce. of ""hlcl'! ttle annelled Is , printed copy ls.f i" type "01 smaller Ih." "onl)arelll, hiS blten published in ..Ch regul.r and entire in.... of sa,d newspa~r ..,d "01 I" ""y supplem.n' fherpqf on Ihe 10110wi,,'iI dltes, 10.",,1 " '_ ',I- ....LL(M..,2,J':1.i:'..... .................. all i" lhe yearJ,~:-~r. I cerlilv tor declarel under ~nllty 01 perjury !hal the fore'ilomg IS lrue Ind co'recl, Oa't'd I'. . S~!.!.~~~!_. A- /' .;,' (;f- Call1?r''I.;~...;-:rdaYOfJ.lr.'119...L . ...~(1;:'u...X~:1:)._. ........ ....... Signature 909621-4781 1~' S COllEGE A.VE. CLA.FlEMONT. CA 91711 ThiS space Is tor the County CI.r.. . "-"1",,, St.mp - I Proof 01 PublicaliOfl 01 010'......."''' "'0_ .... ...'" tMtllM UICf'..n OIOI"'~"'Ct lJITllEOT'lOtO"'U...o"T Ii.... POI"'III~ PIO",'..TI"''' Trot . (iT~'ll~HM(!'<T 0' 'l.I~I"I\SI\ Of...... '(1110,(; T"'TTOOS 011 PUM......l""1 CQ<.,....lT.CS "l"O,,,,C STUC\' "'''0 ...oon,o.. 0' 11CUL""Oh H......O...I~ wtl'lt"S I~' C~. 010',....0.., ~.. ........-..o....p.pI...'.M'o.,...'....n.. ot, b.',..... p,'''''' 10' . ""00 ".~... ..","...,".C.....d WHlU"S ..."1,......,. ..,,,..,......... Jdu_'...,."'.dbw..n......"..'.'r..'o ,...""............u"lf""l'>to.~oo:....... .~ WHllf"S, .'''00'''' ,..p<",...."" ..~'r~ bl........,bo'''. p.>'~0"'" "'.. br ,.."",,~,.d '0 '" I""" ru""""" ...<1 ....~,/OC'lud'...l)yI""'I""...d'a >'lrp..U,.8.nd"'l\I4"d WHf.!"'~ I.... 'nc....,,,. '....0<1.."" ~..d .......~, '" blood boo... d..........'... iNIg.~..d""I..,..."'....,..,.I..."<l.'d. iot ,~. pool"'''''''' 01 .."'"10,,.... "0'" t>load,oo.", ".I~O""" Ik,I "'" 'IJ' d'''''l\ ol ,~"OO,," ...d V,'>'llll:!"S 1~'C,"'''lO<o.lor'lorC"" "01 ~,.II"N'~" ~wlo'."..", "''''. '''I..d'''I''''OOI'', "''''''''''0' ".1,. ."d:oU:"'lu"'''''','''~''I".~,.d.,.1 "'.w''''O''"nd WH(R!...S,..........bI,-8~IP8'p'opo. "'I'~" (O"'P"~"""" ,..~:..o.. '" l.ol 1""'''1- bI.od, p...'U..... .'\CI P<"....r...1 U....,.",o<:. ~.. ""'.. ..."od..,.-d b~' 'looo....I.'P'f'W.....0........1.1","..01 Iill""'''1 0.0,0..01"" P<O~,bohO" 01 ,.. 1<....... 01 """"I\,.nd Wt-lIl1^S, ....,I~.."~.Cou..l. oil", .."..lo-o"""....C""'olCl<o_"'..p'. ..,,1.....1.....1...00"..0' ""00 b1t.'"",WO..tw<..IOop."I,Of10,ll>r. "0", boI~ 00 ...h,,~ ..,,~... .porr,.' (0'" ..d...,,,,n,'''ll w...UI...S,Coot-t"_rICod.Src,.... w,'JJ1 '~'~O"I,", I". C'lt C"","r,1 '0 Jdopl,br.lou"/,",,,'OIr ,n......"u <>"d,......... .."..:h "...r....."jOlI~..... ......tt..,..prf'W.........oJ'l>rp..,b"'-....... ....."ho,..'", NOW THUifOlli I~" C'I~ Co~,,(,1 01,... C~. '" CI,,,...ont d,," otd...... ...... s........r1".C.,.Cow.....I',"d..-d df'<""'","I""'~' .bw...... 01..... ,.. ....... ......1.....,..00 l.ll0"'." 10 ......,.." I~"W CU"""''''' r.OM 1'...."'..,,0"1 01 biuod-bo..... Pi,.....II>'.., (O,,"~"" ... ............J,...I~......,O Dub'" ~U'I~ ..I. h'.nd.....I,... iK1......1 Ou.....I'h.I'_I~.oI'h"OI. d,,,.......,....H.U,..ub..........fM""'. r."'I,',u'r 01 O"ul>''''' 0""'0"" "",,,,.""~br.-....d!ll"pp'.......:ll!ll"'" b....".......horhp""od.....ftOOO..I"''''''. ....."..n.C""""""...,....... "OI'vo411.... ...",...pr..... brl......."rd 10'_ 10Uloll" lI"'.IIlN'w..'...I~I'op_od. .."oo<..............Qtpr.."."f"'l(_.. ,,""<" ...~ou,. ...'.0 Ow........ pr.....,~ .11..r4'OI_"l)...'......"'....Ior..'o" >UH1,f'od,..'lwb..........pr""'."l..."'" '''I"' '" ..""'..,'........(11""."0.. ....11 .........1"" ,_..''''' 01 l>1......... unoX'I"" ...,be. "'1~"'a."ol. ~u",."br'''1 to,. P<"'~'''' ..../0 , ..1H'Il', 0' "'~......,.. '" .. 10 P"Jd..... ,,,.ndr,,~ "'.'~ III 10 1>'''............I,(''.....'lw(olo.o'.1' pr",n('''' ,,,. .~.~ ~ho..1 r<;"'..,...."I"'IOtd'........ "'.P.ppl,-III.".'..._......Jd"'...,....rd P""""'ltoo,_,,,II""':lI..~, "I"'''''' H.ol.......;.c......boo'''~....'.nl+c''''~ 10 P'...~. '.. t~,> '''''' ~_.....OllP"'......~...........I"'" (,p.aI.........,I""'Olotd......""""''''oo..... ..'... "'.11 "oQI". ,.......I"f'.",lolt,onOl o'oo~"",,,,,'~IIO(II"'P'...'I"'.'''' '~_r'f'Cl"'_'''''ol'l<.oo_,n(..t...,. .0<1 p,oh!twlo<dOO drcl.'.d...."..r.l..nd ""IV ..~u,. '" """0'.... ",. ..I "'OliO' "'~"d..."., ....II~. "',"'........""'..' ."...".<''''''.II''..d.'''...,O''OII....(' I.. ..''''.....O'I~.. (1"",(1"10'''''' In.dd,I.....'OI".pr...I..nP<"",d..d '..I~..O~'"~.... .... ((Iftd.,,,,.. ........11 ....'t>O'."""f'dIO...U,,,.,ol""',,ol.... ..,..."""'.."""011....0.0'''......... ,ir,'..",.!',.ubl.."w...t>C..""....,l>o. .,..."..11 Lo, ,...1 ,,'QC..e,.... ""~ .. '.~I._....,... oodr... ....~ ....,..ftCl"""" ....,... ~'r.., ~"orlH'll,".' '" I~" ',k. ,... ,-. 1"'''''' '" ..""~ ..bo'.......... P'OC.r<J'''f' ",,, to, ,.....:w."'~ 01 .". C", C""...~ 1.'.lnl.",1 ,,, \),.. 1......,,".1 ''''I'''' I--""."..t~..(".."'.Jr<...,.."'."" 1.""".,J...,'"I,..".~i....."'_,.... 1'<","'".,00'...'.0....,1.... ...",..n. "",".., ~""'<I"S TI"."""..."<.,,.~rd u..dr, I~r plO...."'" '" Go.....,.......'" l<oO.'ircI_lb~IY'b,."(I""~lll...... ,..., .........d,.....~ ..po" ,j, ...."..Il" r.,.' '....',',;I~' "". ", I"" C,,. Co..nO~"'" "'.ilbr.,j"".,,'I.....III.U...t1.nr" .tl...,wt~JL1~ ~I!'C"O". '....M.......~.II..I..I~'.OI d.~."(. ..d ,'''' Col. C..,~ .~.II .".., ...d......'.'O'"IU...V...dJCIll9'..... t>o .'ou,..rc""..O'."',....C..,C""...,1 ..~.'..u_I~.....d,........h.aIlI..... '..., ...d br .....""rd I~,. o,d,........ ,~.~ tw p."b1.,!1f'd ..~~.~ I.......... rl~.d... '" .60Ill00", ,..,...C:......."'" COw"'" ::~:;;;-;~:-:;:::::r:~t ~:: .wLa.~'..,".C.."'C...."'O..1 ,.....rd~,..>dov,odl""Urod d.~ '" M.'C." 19'- O,...nR.... ""''''''oICI.'........... "'1f1~T ...lw'~ ... 1la~.II~ C.., CI..'~ '" 'lor C... uo CI.,.......... ~P~~(Jlo'lO"'i 10 10..... ''''.M, ~ fu"" C.,...."o.n.....ot'''.C",oiCI.'.......... ~T"'T! O~ [...llfOIl...... I cOI.......n Of .OS ......CllIS I" (InOf CLAQI-.4cw.t I I. lIAla...R...... RO""l.lY. C~,C....~ 01 ,.."C,I.oICr...............Ca...l.oJl'" .....I'~S<.I"oIC'I,'...",.,...."'bou'. I". III.! I.... """""'... O.d...."(. NO ...............,o""....""...U.....qbo.,. :~.,::Z~...:;.;:;.:;t~~t. (t'9r::~~~ .... ...~w,... .......d...dwlnnlrd .....od (...(00010<;",..._...1.........._.....0.01 '"1M" boo I'" C~,(I".~ 01..'" "ry, .11" ."'.~Iol'_.".oI..odcounr~hrld"" ,~.. llnd d.o, 01 Muc'h. 19'i4, .tod ,Nt '''''W_....p.o.or<l.ndadoplrd'''',... 1011_.....001. ....tS C.....""j"'."'bf'" liY-... j,tn~" w, .h" Ma"'" ~,n. ....ot~ COwnc,I_"'lN''' P,....."'.. ...BSt",ICou..(.:'-'."'br""o'" ..,b.o"....."..H. C".CIr'~ C'h'oICl.""""". Pl!61.ISH"'p<,lll'l"l' 5/24/94 4/14/94 1 ORDINANCE NO. 94-7 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF I, CLAREMONT, CALIFORNIA, AMENDING THE CLAREMONT MUNICIPAL 3" CODE BY ADDING CHAPTER 9.70, TATTOOING, TO TITLE 9, DIVISION VI, CONSUMER PROTECTION 4 WHEREAS, the practice of tattooing which involves using needles to insert dyes or pigments under the surface of the skin presents a risk of transmitting to clients or employees blood-borne pathogens for serious infections, including, but not limited to, 7 ii' Hepatitis Band HIV, unless stringent sanitary protocols are I followed; and 8 91 5 6 WHEREAS, there is no adequate federal, state, or county regulation and inspection of facilities offering these services, or licensing and training of practitioners on the special care needed when conducting invasive procedures of this type; and 10 11 WHEREAS, the state and county health agencies are facing a range of serious public health problems with insufficient funding 12 to address them, so that regulation at the state and county level of these facilities is not a high priority at present; and 13 WHEREAS, the City has neither the staff nor the expertise to 14 enforce the necessary health standards for such facilities, and contracting with the County of Los Angeles for such services is 15 infeasible for the reasons set forth above; and 16 WHEREAS, the foregoing facts justify a ban on tattooing establishments in the City; and 171 WHEREAS, the City has become aware of community concern 18; regarding the potential secondary adverse effects and public health risks and the lack of zoning and health regulation specific to 19 tattoo businesses; and 20 WHEREAS, the City of Claremont is known as a residential and educational community, with secure atmosphere for the rearing of 21 children; and 22 WHEREAS, tattoo establishments, whose services may only be provided to adults, could have adverse secondary effects which 23 could degrade the quality of the areas of the City in which they are located and cause a blighting effect on the City; and 24 WHEREAS, the city of Claremont is a suburban, residential 25 community with limited commercial zoning and there are no areas within the City where tattoo establishments could be located where 26 such businesses would not be in close proximity to residential neighborhoods, churches, parks, or educational institutions; and 27 -1- " 28 Ord. No. 94-7 111 WHEREAS, the City council wants to promote the city's interest I in maintaining its character and its property values, and 21 protecting its commercial and residential districts from the I potential adverse secondary effects of tattoo establishments; and 3 WHEREAS, the City council has considered public testimony, 41 verbal comments and letters written to the city on this issue; and 1 , 5' NOW, THEREFORE, the City Council of the City of Claremont hereby finds that the health risks and potential secondary adverse effects presented by permitting tattooing in the city significantly outweigh the benefits of permitting the establishment of tattoo :\ businesses in the City and ordains as follows: Bection 1. Chapter 9.70 is added to the Claremont Municipal 9 Code to read as follows: 6 10 Chapter 9.70 Tattooinq 11 sections: 12 14 9.70.010 9.70.020 9.70.030 9.70.040 9.70.050 Definitions. Prohibition of Tattooing Businesses. Exemptions. violation and penalty. Severability. 13 15 9.70.010 Definitions. "Tattooing" means the insertion 16 of pigment under the surface skin of a human being, by pricking with a needle or otherwise, so as to produce an indelible mark or 17 figure through the skin. 18 9.70.020 Prohibition of Tattooinq Businesses. No person shall manage, conduct, carryon or participate in, directly or 19 indirectly, the business of tattooing. 20 9.70.030 Exemptions. Nothing in this chapter shall apply to: 21 A. Any treatment administered in the practice of medicine by a physician licensed to practice in this state, or under the 22 personal supervision of such a physician. B. The application of permanent make-up or cosmetic 23 reconstruction by a licensed cosmetologist, electrologist, or nurse, as defined in the California Business and professions Code, 24 who has received additional training in the procedures, practices and techniques of permanent make-up application and cosmetic 25 reconstruction, including the appropriate sanitary practices. 26 9.70.040 Violation and penalty. No person, whether as principal, agent, employee or otherwise, shall violate or cause the 27 -2- 28 1 violation the provisions of this chapter. Any violation of this chapter shall be punishable as provided in Chapter 1.12 of this code. 2 3 I 9.70.050 Severability. If any provision or clause of this chapter, or any application of it to any person or circumstances is held invalid, such invalidity shall not affect other provisions of this chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are declared to be severable. 4 5 6 section 2. The Mayor shall sign this ordinance and the City 7 Clerk shall attest and certify to its passage and adoption, and thirty (30) days hereafter it shall take effect and be in force. S within fifteen (15) days after its passage, the City Clerk shall cause it to be published, together with the names of those 9 councilmembers voting for and against it, in the Claremont Courier, a newspaper of general circulation published and circulated in the 10 City of Claremont. 11 PASSED, APPROVED AND ADOPTED this 14th day of June , 1994. 12 13 14 Mayor of 15 ATTEST: 16 of Claremont -3- CITY ATTORN!Y C:U.IIII!MONT, CALlrOIlNIA II " I I 1 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF CLAREMONT ss. 2 3 4 I, BARBARA A. ROYALTY, City Clerk of the city of Claremont, 5 6 county of Los Angeles, state of california, hereby certify that the foregoing Ordinance No. 94-7 was introduced at a regular 7 24th day of May , 1994, meeting of. said council held on the 8 that it was regularly passed and adopted by said city council, signed 9 ,by the mayor, and attested by the city clerk of said city, all at a 10 11 12 13 regular meeting of said council held on the 14th day of June , 1994, and that the same was passed and adopted by the following vote: 14 AYES: councilmembers Cody, Ring, Smith, Wright, Mavor Leiga 15 16 17 18 19 20 21 NOES: councilmembers None ABSENT: Councilmembers None laremont 22 I 23 24 25 26 27 28 @ ORDINANCE NO. 98-06 AN INTERIM URGENCY ORDINANCE OF THE CITY OF CLAREMONT ENACTED PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 TO TEMPORARILY PROHIBIT PAWNSHOP AND CHECK CASHING USES WITHIN THE CITY WHEREAS, the City regulates land. uses within the City limits by the provisions of the zoning ordinances contained in Chapter 1 through 17 of the Claremont land Use and Development Code; and WHEREAS, the City has received applications to establish pawnshop and check cashing uses in the City; and WHEREAS. these pending applications involve the application of the zoning ordinances to types of uses which the Land Use and Development Code does not currently address; and WHEREAS, City staff requires time to study the proposed uses to determine if and where pawnshop and check cashing uses would be compatible with surrounding uses; and WHEREAS, California Government Code Section 65858 allows the City Council to adopt an interim ordinance as an urgency measure to protect the public safety, health, and welfare without following the procedures otherwise required for the adoption of a zoning ordinance; and Ord. NO. 98-06 WHEREAS, in accordance with Government Code Section 65858. such an urgency interim ordinance requires a four-fifths vote of the entire City Council if all are present, or a unanimous vote of no less than four council members if all council members are not present; and WHEREAS, an interim ordinance such as this one prohibits. for no more than 45 days, any new uses which may be in conflict with a contemplated zoning proposal; and WHEREAS, after notice and public hearing, such an interim ordinance can be extended by this council for ten months and 15 days. and then for another year if necessary; and WHEREAS, it is the present intention of this City Council to keep this interim ordinance in effect only until such time that the council adopts a zoning ordinance addressing pawnshop and check cashing uses. NOW THEREFORE. THE CITY COUNCIL OF THE CITY OF CLAREMONT DOES ORDAIN AS FOLLOWS: SECTION 1: This council hereby finds and determines that: A. The adoption of this ordinance is necessary for the immediate protection of the public safety. health, and welfare, in order to clarify the City's Land Use and Development Code with regards to pawnshops and check cashing uses, because approval of such uses under the current zoning provisions in the City's Land Use and Development Code would result in uses incompatible with surrounding uses. and could 2 Ord. No. 1j/~f, contribute to blight or downgrading of the area in which the uses are located and surrounding areas. B. The City and its Redevelopment Agency is working on economic development, and these uses may be incompatible with the Agency's goals. C. The City's zoning ordinances in the Land Use and Development Code that would regulate pawnshops and check cashing uses are inadequate as presently written, fail to address the needs of the City and its residents today and in the future, and are in need of revision and updating. Further, the City will not have the ability to make informed decisions regarding the regulation and zoning of pawnshop and check cashing uses until City staff has completed studies on these types of uses, which shall be pursued as expeditiously as it is practical. D. To prevent the frustration of studies on these matters and to protect the public interest, health, safety, and welfare, the immediate enactment of this interim ordinance is required. The absence of this interim ordinance would create a serious threat to the orderly and effective implementation of any amendments to the City's codes adopted as a result of staff's studies, in that the further development of pawnshop and check cashing uses in the City may be in conflict with the provisions of the amendments. E. This is a matter of Citywide importance and is not directed towards any particular parcel of property or proposed use. SECTION 2: No application for a new pawnshop use shall be approved while this ordinance is in effect. A pawnshop use is defined as a business that receives tangible personal property in pledge as security for a loan. 3 Ord. No. 9f...-()p SECTION 3: No application for a new check cashing use shall be approved while this ordinance is in effect. A check cashing use is defined as a business that, in whole or in part, for compensation, cashes checks, warrants, drafts, money orders. or other commercial paper serving the same purpose, and/or refrains from negotiating a third party check or depositing a personal check written by a customer until a specific date, pursuant to an agreement, as provided for in Section 1789.33 of the California Civil Code. Check cashing use shall not include a state or federally chartered bank, savings association, credit union, or industrial loan company. Check cashing use shall also not include a retail business that sells consumer goods, including consumables, to retail buyers, and cashes checks or issues money orders for a minimum flat fee not exceeding two dollars as a service to its customers, incidental to its main purpose of business. SECTION 4: No person, whether as principal, agent, landlord, employee, or otherwise, shall violate, cause the violation of, or otherwise fail to comply with any of the requirements of this ordinance. Every act prohibited or declared unlawful, and every failure to perform an act made mandatory, shall be a misdemeanor or an infraction, at the discretion of the city attorney or the district attorney. In addition to the penalties provided in this ordinance, any condition caused or permitted to exist in violation of any of the provisions of this ordinance is declared a public nuisance and may be abated by civil proceedings, or the like. The expense of such abatement proceedings may, by resolution of the City Council, be declared to be a lien against the property on which such nuisance is maintained, and such lien shall be made the personal obligation of the property owner. SECTION 5. This interim ordinance is adopted under the provisions of Government Code Section 65858 and shall take effect immediately upon its passage by a four-fifths vote of the City Council and shall remain in effect until September 11, 1998. 4 Ord. No. q!-()6 SECTION 6: The Mayor shall sign this ordinance, and the City Clerk shall attest to its passage and adoption by a four-fifths vote of the City, whereupon this ordinance shall take effect and be enforced. Within fifteen days following the date of its adoption, this ordinance shall be published in the Claremont Courier, a newspaper of general circulation published and circulated in the City of Claremont. PASSED, APPROVED AND ADOPTED this 28th day of July, 1998. CITY OF CLAREMONT ~L _~.~ Suzan sm~ '-' Mayor ~ .-I,,~ ~uiL' '{1m ;-rwlu/~ Ci Clerk , APPROVED AS TO FORM: /( .? /J (jl ~e~ . ~~ City Attorney BN/PWNSHPCHCKNG1URGENCYORQINANCE 5 Ord. No. 'if {I(~ , STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF CLAREMONT ) , , , I, JO ANNE VALL, Interim City Clerk of the City of Claremont. County of Lo Angeles, State of California, hereby certify that the foregoing Interim Urgenc Ordinance No. 98-06 was introduced, passed and adopted by said city council, signe by the mayor, and attested by the city clerk of said city, all at a regular meeting of sai council held on the 28th day of July, 1998, by the following vote: 8 9 10 11 12 1] " AYES: :\ NOES: :6 ABSENT: " :E 19 n 21 22 2] 2' 2t; 26 21 26 '9 Councilmembers: Held, Leiga, Rosenthal, Mayor Smith Councilmembers: None Councilmembers: Ring (. Clerk, City of Claremont -1- @ C~.:iC~ ~.: -, i: :: T'f CL E~~. r)-,-\)-.~ "-I ~ t ~Jl- ........., :fl II t>.. J.] \.......,\i"L......\I~'-' -~.~~. ~{~ ~~ . . ~ .:. ~; :.' Zli~'V-1J - "J.I~." C! T Y ~;. 1_:" I~.; 11'- .~. >(iJ c. .tot): G.':', \10",' A P1.A.:.':" (jAK L..J.,,'.' 0 , C.cl..l.lt()~,....,f.. gJbil IC:N.~~;C Qt' '..1 'LlE'\ TE (:re!idF'rTr I'; rile- C;'I' C~\lr.::,' ; 10 ; !l8-70ns HX '1]8-69:<J iJCi2JA-7~j~ TO: A77:-:: FROM: DATE: o ffie: of tb.e c;:y ~...f~ager Deboru. Ecg"!v Offi:e of CO\::1:i: ?:oside~t De La rue~ce Nove",ber 18.2003 RE: An Ordinance Enacting A 45-Day :VIoratoriurn,Pursu~nt To C~lifornia Code Section 65858, On Check Cashier Or Check Cashing Businesses in Oakland S U? I!\L.\R Y This ormr,ance '.0.11 e~act .4: day ::noratorium oc the g:-anting of any pe;m;~ for Check Cashier or Check Czsti.,g ammess in the City of 0a!Gand. Staifwill use:he 45-day I:lOr.ltori= :0 review:!le :ep.CIS of such business and reco=e~d chacges to our land use and zoning laws. FISC.\!. 1M}' ACT ~J:le. T.:is is 3. ;>olicy md ~eg'.1iatory ~ane: wi:l: no direct f.s::al U::plC:'" BACKGROUl\1l !J: Nove::cber 2003, t!:e residcats of :he F:'.lltvale ceighborhood brought to :he arte~r:on of::cy o:::ce appiicario:J.S ~y cheek casling n.."'T.S to ope:! steres ir. loeetiees ttat were previously operating as peints of liquor sale and cocsumptton. The residects of Fruitvale fought long !lIld hard to r:::cove those es:abEsh::Jents fron: their ceighborJ:ood with the ~ope of i:nproving t!:e heith. safety, a:Jd ecco2r:ric viaailiry of their neighborhood. =towever, there:s concern that, check cashir.g ~s pote:ltialJyre?rese~t a n:~'J.ve cJmpc:J.cnt:o the pubiic safety::J.O.d i:lcreasc tee cconcmic:u:.d :1na=cial vul.r:.e:-abilhy of.Froitv2.1e ," resitients T!:is p;.r.e", is not :mique to the fmitva[e neighborhood. -, .,- :r.e :J.uxDers of chc::l{ cashing businesses has increased. ShaI?lY ir. the past years t=:cughout ~e State.of C21iforma oed :he Ci:y of Oakiaod. Such mereaseshave had a cegative impact on low-bcome minor::y co=lJ:liries. which appe"," to the cargets of cheek cashwg or cashier businesses. A recent smdy ~y the Crban L:w aod Pu,tic Policy !J:stitute revealed :tat 57% of A51c:m.A.a:ericans and 49% ofH:spa:lics live \vithrn 1 mile 0:' cheek c;lShicg busi"ess.!:'. adrlitioll, 42 % ofhousehoJds wi:i: iccorr.es of less:ll2.:1 52:,OCO Eve within I cUe 0: cJ:eck c:l5hing ~usiness in C:iliforuia. It tS the ;nten::o~'of\b.is mor..torium Crbanc::o give smfLmd the COUI:c:il :he rir::e to review::: ;OIe:".tial :C1pac:s of c~.ec~c c:.sn:er and cas~g J:Jsi:1esses :.nd ~ropose :.r.y :.e::sS;lI"f lnc .:lpp;cpnate r:~::.tD:";I p:oc:c.urez for !tl: C~"J' or" Qaklanc.. :.,;~;,. ... KE Y ISSnS A.\D Dr? _-\.CTS Ct:!le~tly :::"c C~ 0: Oakland dces ~ct scpa:::tdy :egu!ate cl:eck cilsl:.ier or cJ.e:k :J.Shi::.g b'Js~esses 3..:ld does Jot diifere:::ta:e ~e~ve:::: S1.:.cn ~lJsir.esses a:ld ~Jr.su!tJ.r.vc: and finar.\:ial se:vic~s acti.v:ti~s. The lack of ~::~ar;lte :c:~.:.latary prcgrl:n allows for che:k ~as:.ier md check c:shi.ng ~".:sinc:sses :0 operate wbe:-ever CC:Lswtative ~:-:.d r.r.a:J.ci::J se~i:::s a:t'. ...~ty are pe:::ined to be msttUled:.n the Cicy oi Oa.~and. T:le ... COJtL1ued esa~Esbe:t cf ch,ck ca.\ber or check coshing businesses in any a.:Jd alllocatioGs where co[]s'J1ta~ive i:1lC F..narlc:al services ac-:vity may res;.:lt m t.le Cisplaceme::lt and ilvai:J.~\E~ of full service bar..kg :nsrii'Jtioc.s, wr..:CJ i:J.D se'le:dy :wpact tr.e a:iiiry of icw.incor::e cltize:s ~c break the cycle of incebte~ess ~d financ:al vt:.!.:le:abiEty. P. receat study by The Progmsive Policy [ns:i:U~e re'Jea!ed oat a nditiooal ban.ic acccunt is :1:0 ["st step ~oward glVing lcw-i:1c~m: A:nencons access t~ the !:lainst:ce:un tools for weclth er:alioc 2eW taken for granted by tho :nJdd::-c!a.\s. A state'Nide su:-vey in Califorma i:Jdica:ed that 28% of cor..s=ers '.vithOl.:t a tradino:cl ch:cJar.g aCCOU:ll cash th::r c~eclcs primarily at chock ca.\hlng instirutions. Most cfthese eustene:; hece!:!e loclced ill a cycle of borrowing a.:Jd :r.are berrowing with :xorh:t.mdy high. interests :ates t::.at C:l.1 gc as b.igh as 900%. Th~s matter is ::lot li:r..itei to low-income ci~.zer.s. as Sec10rs are also pot:utially cO:JgO: in positiens of Enaccial vul.1erabiliry. A rec:at study oy the American Association of Rer.::d Persons :e\'ealed :tat customm using check-casl:iJ:g husiness ave....g: 13 =<lCtions per year, pc: borrower, with 21 %:eporti:J.g more:J:ao 20 transac!:ans in a 12-moalhperiod. CO:\CLUSION: Tals o::fuanc: w'Jl :uc: a':5 day moralorium 02 be gn:>:ing of permits for Chock Cashier or Cbeck Cashg ,usi::ess "' tte City of Oakland. Stafw'JI use the 45-day moratoriUID :0 :e',;:w t!le impacts of su:;h bt:S:.ces5 a:d :ecorr:mt::J.d changes to cur existing !ar.d use and zong law:. rt is ~ot Je:.ie'/~d that such a mO:;!torium will iave a substar:~a! i:r.pact on ousi:less activity in tbe City. wi:il: :t '.ill ;:revide 3Il oppor:-.:r:i:y to re'fiew a ca::er ::at is of gra\'e conc::n:o people :luo:rgheutthe City ud esse:t:al to guara:1te: econocic sust~abi.:i~! ~o give low-inco!:.: Oaklanders acc~ss to the raa~5;:-e:!O tools fer wealth creation now taken for g:a:ltec by ~e middle-class. RECOl',l\1E:'>'DATIONS: It:s ~te reco=eo::ation of :his :e;:ort ttat CmL1ciirequesl t:rat the Plancing Coo::missien initiate a study to d:::r.ninc app:-opr.atc revisic::..s to :he zoning text aLii ret"..lrIl ,to CJun::i1 with any :c:oCI:lcndar:.ons and. ~'.. to adc;Jt the tl:t3.chcd orlf.'1a:lce impos~g a ~5 d2.y cr:.ora~orium on all check cashie: md che::k cas~g :l::\'tt:c:s r.~";.:lg 6: p::'i;)d o~tJs study. / Ignacio La . nre City CJuncil ~idcn[ / . "; F;;I:~ . .;~" ; 7' 1 : ~ :::: ~ Ej2 ;;~"l: I: :': 'z. ~" . '"" ", j ....:, 4/5 VOTE REQUIRED FOR PASSAGE ORDINANCE NO. l'...-r I!)Af7CF\'ljEY 125~S C.M.S. t~T"'=l:OD:.JC~::; 3'" G:)l;,'ljCtJ.AEI"\8E~ CE u. Fl..E"'i"':"E AN URGENCY MEASURE ADOPTING AN INTERIM ORDINANCE PURSUANT TO GOVERNMENT CODE SECTION 65858 IMPOSING A MORATORIUM ON CHECK CASHIER OR CHECK CASHING aUSINESSES WHEREAS, In the State of Califorr:ia the number of check cashing bl;siness pe~its r:se frem 1,467 in 1996!: over 4,000 by 2002; and WHEREAS, 57 peroemcf African-Americans and 49% of Hispanics live wit'1in ciese ~rcximity to a c~eck cashing business indicating a pattern by check c3shlng Jl;si:1ess for targedng pr:marily mincrity neigr.oorhcods; and WHERE..\S, 42 percent of hct;ser.olds with incomes 01 less than 525.000 live within 1 mile d check cashing business in California indicating a pattern by eheck cashlrg business for targeting primarily low-income neighborhoods; and WHERE-d.S, a recent stucy by the l1rtan Law & Public POlioy Institute and :ons~mer Feceratien 01 America revealed that check cashing facilities charge :merest :;:tes as high as gOO ~ercent and d:s~lace the availability 01 full service oanking institlUons; and . ....... WHERE..l.S, a recent study by the American .A.sscciatbn of Retired Persons ...,~., re'Jealed that customers ~sing checil-cashing business average 13 transactions per year. per :Jcr.-ewer, with 21 percent reoortlng more than 20 transac:ions In a i 2-mcntl peried creating a cyc!e d if'eeotecness and f;nanc:al vulnerability; ane. -'- WHERE.'~S, :5% of consumers witheut a tradrtional checking acoeu~t cash their chec:,s pnr.1anly at cnecK cashing institutions: and WHERE...S. a recem SI:JCY by The Progressive Folicy Instit~te revealed that a :racitional cank account is the firsl steD toward giving lOW-Income Americans access t:J :1e malnst"eam IDOlS fer wealth creaton now taken for granted by the i:'lidj~e-.::ass; ana. 'NHE~E.~"S. :hec,l{ :~S:ilng :Jusiness cCtcln rneir ;Jrcrits :r:m :ransac::cns ree. Ji1like ':ar:K~, Wr.IC:1 :nr-.an:y :erl'.'e :he~r :n::::~e ?~:rr. ::19 ~oreac :e;'!Jeen j T'T' j C;:::~1'-r:-'\TT B ___....___ .....-.J..YJ..L:.i-y iriteres~ pCi[d en ceposits and !Ccii ~crrfaiics, crea~jng an i:1cent:ve for ::heck cashing bt.:sir:ess fc~ e'/er j:1c~easing t,pc:nSCic::cn fees: and WHEREAS, checK cashi~s business have failed :0 provide adequate safety for their costumers as e'/idenced by 3 armed individuals recently robbins 3 ~an after leeving a chec~ cashi~" business an East 14"'; and WHEREAS the City of Oakland dces nct currently, separetely resula!e check ceshier or check cashing businesses and does not differentiate between banks, credit unions, and other consultative ar,d financial services activity tnereby permi:tins check cashier and check cashing businesses, as described below, to be instituted wherever consultative a~d frrlanc:al services actiVity are permitted to be instituted; and WHEREAS, an updated Land Use and Trar.sportation Element of the Oakland General Plan was adopted by the Oakland City Council in March, 1998 to guide future land use and development in t'1e city; and WHEREAS, the Land Use and Transportation E!ement and the Estuary Folicy Fian contain goals, objectives, and policies that promote: maintaining and enhancing the vitality af existing neighborhood commercial areas - Objective IIC1.1 Attracting New Business; Policy N1.6 Reviewing Potential Nuisance ,Activilies; Policy 5.1 E~viror>mental Justice; and WHEREAS, the ccntinued establishment of check cashier or check cashing tusinesses in any and all Iccaticns where consultative and financial service uses are penmltted activity may result in displacement and availability of full service banking instituticns creating a c'fcle cf indebtedness and financ:al vulnerability for low-income citizens: and WHEREAS, such impae:s may petentially conflict with some of the pciieies and ebjec:ives of ~'1e Land Use and Transpor:ation Elerr.ent af the General Plan: and WHEREAS, the City Cotmcil hereby requests that the Planning Commission initiate a review of the regulatory mechanisrr.s available to regulate check casniers or check cashing businesses with the goal of adopting needed c~anges ". to the c:Jrrent regulations, including changes to the Planning Code to protect the pUblic hea/L'1, safety, and welfare from the negative effec:s of chec~ cashier or chec!< cashing businesses. Dunng the period of lime that it undertakes this task, the Cty is concemec !hat absent the adoption cf an emergency moratonurr., cneck c;;snler or cneck cash ins businesses that canrlie: with contemplated changes to the City.s regulalOry schemes could be establisnea in the City of Caklanc :hereby in.:strating the realization of the goals of that study: ana WHEREAS. until Such :ime that the Cty ccnciuoes its review and ad::o:s new :ar:1 J=e ::::-nr::!s Jver ~L;C:l ::1ecx ::;snrer :r :~ec~ :2Sr.:r.g ~USJre~ses. :he .2- ccm~Lnity :s !n :=::J~aroy tr-:;;:t St.:C~ .:~eck cas~ier cr crlEck ~ashjr.g Cl.,;s:r:esses cou:d ce Ii',~~;t~t=d. rr.cc;iied. cr ex;:a:ic€:c ~rior tc tr,e iriiposition of new cGntruls neccssc~! for cte prc:ec:ion cf pubii:: health and welfare; ar.c WHEREAS, issu;;~ce cr epprova! of ar:y building, planning or other permit for sLCch c~cck cashier or check cashing businesses ("ewly instituted, medified. or expar.dec) prier 10 the City's cempletion of such investigation would result in a CJrrer.t e,~d ir.1mediate thre:=t t:J the public health. safely 8r weJere: and WHEREAS, pursuant to ,Govemmer.t Cede Sectien 65858 a city, including a charter c:':y. may adept an interim ordinance prehibiting any usas that may be in c::~;1jct with a c8~ter.1plated general plan or zoning proposal that the legislative bedy ;s c8nsioenng or intends to study within a reasonaDle time: and WHEREAS. fer the reasons set forth above. this orcinance is declared by the Council t~ be necessary for preserving the public peace, healtn, or safety and to avoid a cur.-er.t. immediate and direc: threat to the health. safety. or welfare of t,e community, and ~e 'Whereas' c1ausas above taken together constitute the City Councfs stater.:ent of the reascns const:tut:ng such necessity and urgency. NOW, THEREFORE, THE CITY COUNC:L OF THE CITY OF OAKLAND does ordain as follows: SECTION 1. 7he City Council f;;1CS and detenmines the foregoing recitals to be tn;e and correct and hereby ~akes them a part of this orcinance. SECTION 2. The Ci~ Ccuncil finds and cetenmines. for t.'1e reasons stated in the recitals, the ado~tion of this ordi;1ance is exempt from CECA under Sec::ons 15061(\::)(3). and ~5307 of the State CEOA Guidelines. sECTION 3. Until sue:' time as the City concludes the review desdbed above. anc aooo:s new land use car,trols pertaining to check easr.er or c:1ecll cashing business. the :::ty of Oa~land hereby declares a moratorium on the cermi::ing cr approval oi any new. modified. or expanded check casner or Check' cas;1:ng business as derined in section <1 below, SESTICN 4. For ~urposes ot this Oreinance. the following delinitions shal: a~~IY: al "Checit casher or c~ec:\ cashing business ,";1eans (1) A person or entity that. fer c8m~ensation. engages in whole or in part in the bus'iness of cashing checks. warrants. draits. money orders. or cr~er c:;mmerc:ai paper serving the same cur~ose. A "cneck r.asner" also inciuces .he business at ceierred deposiis wherecv ::-:e c:-:ec:< c~sner ierrclnS from aeaos1ting a persor.al c:':e':~ 'Ir......cn "v - ~...;:.om..r 'n...1 ::. ~"'c."';fil" ..,~te Jur<u-n. '0 3 .vrll!=n :.._ "', ~ .....l_~ . .... _ ... _ .....J_........ __ ... 0.. . . ~....l I -.. '- ag~eer.1ert 25 prcvided in Clv;1 C:::s sec. i 78S 33. (2) "Cleck casher" cr "ChECk cas~ing business" eices :lot inciuce a state or federally chartered bank. savings association, credit Lr.icn, or industrial lean c:Jm;:any, "Check casher" cr "check cashing business" a'so dees not include a retail seiler engaged prirr:arily in the business of selling consumer goods. such oS ccnsumables tc retail buyers. that cashes checks or issues money creers far a minimum fiat fee. net exceeaing $2,CO, as a service to its customers that is incidental to its main purpose or business. SECTION 5. In accordance with Govemment Code Section 65858. this Ordinance shall be in full farce ar.d effect for a period of 45 days from the date of . its accpticn. This 45-<Jay peried may be extended cy the C;ty Council in acccrdance with the provisior,s of California Government Cede 9 6585il. SECTION 6. During the term ef this ordinance as set forth in Section 5 hereof. no use pemit, builcing. zoning or other permit that has been issued fer any "Consultatve and financial ser/ices Ac~vity. or any other activity. that includes as an element of t'le activity an activity that meets the definition of check casher cr chec.~ cashing business as set forth in section 4 above for which rights to proceed with :he pemit have net vested pursuant to the provisions of State law snail ~roceed. and no use permit. building. zoning or ether pemnit for any Ghe~k Gasher or check caShing business shall be issued by any deparunert. agency, employee or agent of the City of Oakland to ail ow for any 'Consultative ana flnanc:al services ,I.,ctivity" er any ether activity which includes as an element thereof any :heck Gasher or check cashing business. Only "Censultative and financial s2Nices Ac-:ivity' or any :ther activity which include as an element t'1ereai any check casher er check cashing businesses which have vested. pursuant t:J the previsions af State law. prior to the date of this Ordinonce shail proceed in violatien ef the provisions of :!lIS Ordin.ance. .... . ,..~ SEer-ON 7. The City Clerk shall certify to the passage and adopticn of ~his Crdinance causing it to De posred. as required by law. and it shall thereafter !::e in fuil farce and effect. This Ordinance shall became effective immsdiately as an in;erim urgency orcinance. ;n creer la prO!ect the put:lic health, safety and welfare. SEC'7'ION 0. Far the 1em of this orcinance. as set forth in Section 5 rereof. the prOVisions cf thls ordinance shall govern, to the extent there is anv :::mtlic: cerNeen the ~rcvisions d this :Jrcir.ance anc the provisioliS of any othe'r City ::ce. ordnance, resolu~ion or polle'f. ana all SL:C:1 cC:1rlic:ing proviSions sMall ::e sLscencec. ..,...." 1 S=.CTION g, Thi~ Ordr.ance is eca:ted pl:fs:.:ant to tr,e C;ty at :Jakland's ~e~e'ai ~c!ice pcwe,s, Sect'cn ~oe of the Charter of the Ci~1 cf Oakland, Artic!e X: .:f:he Caiifcr~ia C:clistrtt.:ticn anc Gcvemment Co.;e sectlcn 65858. S;:CTION -1. If ar.v sec:i:::n, subsection, ser.tence, dause cr phrase of this Ordinance is tor any r~asDn held by a ccurt of c:Jrl'petem jurisciction to be invalid, such cecis:on sha/J not affect the validity cf the remaini,1g prtians of this ordinance. The City Caurd deciares that it would ha'le adc~tec tr.is.Orcinan:::a ar,d each secl:on, subsection, sentence, clause and phrase ~~ereaf, irrespective cf t;'e iae: that any or.e:r r;:ore sect:c:1. su~seG:icn. sentence, clause, cr phrase be cE-c:arec i~V2j;C. 1:1 Ccun:i1, Cak!ar,d, Caiifcmla, NOV 1 8 2003 20G3, ?assed ov The Fdlcwing VetE: ,';Y~S~ EROOKS, 3RUNNER, Cl-'Ar-;G, NACEL, CUAN, Rl':iD, WA."J anc f'RESICENT DE Lll., FUEc<1E - 8' NOTES- (I ,ABSEN,. V A.3S-:-ENTiON- j:I r AlT~m.dL4&L ! ".QA FLOYD o C',ty Clerk and Clerk of the Caur,cil cf me City of Oakland, Califcrr.ia ,...,...... 21:::6_1,QCC @ C I T Y 0 F 0 A K LA Nc,D H - -".' -_~' r. . . ~:. ,~. , . ,. - " r'" ::.. \" AGENDA REPORT : <:,',j-"" ;;c, 'co _ I c." II ..-.. . "-. ,I :'1 :;: TO: ATTN: FROM: DATE: Office of the City Administrator Deborah Edgerly Community and Economic Development Agency September 14, 2004 RE: AN ORDINANCE AMENDING THE OAKLAND PLANNING CODE TO ADD A NEW USE CLASSIFICATION AND AMEND RELATED CODE SECTIONS TO REGULATE CHECK CASHIERS AND OR CHECK CASHING BUSINESSES AND LIMITING WHERE SUCH ACTIVITES MAY BE PERMITTED SUM:\IARY The City Planning Commission and City Staff recommend the adoption of a set of permanent controls for check cashiers and check cashing businesses, TIlis ordinance defines the use, imposes a Minor Conditional Use Permit requirement, adds special criteria (performance standards) for any such activiti~s, and limits the zoning districts where they are allowed to operate. Attached to this report is the draft of the new ordinance, The previous s:aff reports and ordinances regarding the creation of the emergency ordinance and interim controls are also attached as a reference, Trjs ordinance will only apply to proposed activities and does not afTect existing legally established activities. The proposed regulations are summarized below: 1. Create a new aetivity classification called Check Cashier and Check Cashing Cornmercial; 2. :Vlake the activity conditionally permitted with a Minor Conditional L'se P~rmit in certain zoning districts subject to the performance standards which dictate: . :Vlinimum distances between like activities; . Minimum distances to certain existing sensitive uses; and . Additional performance standards to regulate blight, security, and adverse it:1paCIS, 3. The Conditional Cse Permit process would allow additional conditions of approval to be added if needed, FISCAL 1;\IPACT No direct fiscal impacts. Applicants applying for a Minor Conditional Use Permit to conduct a Check Cashier and Check Cashing activity will pay the application fees to offset staff time for review and processing. No new staff would be needed to process the anticipated applications. 'I tf.t1 _' _r -... .,..... ." ~-.--_...-'.- illee I 20QSf.? 2 1 2004 Debora.1 Edgerly Re: Cor:u:lllrity and Economio Development Ager.cy- Orcina.1ce to regulate check cashir.g Page 2 BACKGROl;-:>iD Currently check cashing actiVItieS are considered the same as banks and othcr financial institutions a1d are allowed by right in a large numbcr of zoning districts. In response to concerns regarding negative impacts related to crime and nuisance, the Oakland City Council adopted an emergency ordinance imposing a moratorium and subsequently an interim set of controls. The proposed ordinance represents the permanent controls requestcd by the Oakland City Council. On November 18, 2003, the Oakland City Council adoptcd Ordinance 1\0. 12558 C. M. S. The ordinance imposed a 45 day moratorium prohibiting the permitting or approval of any new, modified, or expanded check cashier or check cashing business as defined in the ordinance. Since this moratorium occurred during the holiday season there was insufficient time to create and review permanent regulations before the expiration date of January 2, 2004. On December 16, 2003, the Oakland City Council adopted Ordinance 12565 C. M. S. selling Corth the interim controls for check cashier or check cashing businesses. The interim controls sunset on ='lovember 18, 2004. On July 7, 2004 the Oakland Planning Commission held a noticed meeting, reviewed the proposed ordinance and recommended that the Oakland City Council adopt the ordinance amending the Oakland Planning Code to regulate check cashing and check cashiers. There was no wrillen opposition to the ordinance and no one spoke against the item. One member of the public spoke in favor of the ordinance and recommended funher performance standards. These were read into the record and are reflected in the current draft ordinance. KEY ISSUES A..'W IMPACTS Proliferation of Cbeck Cashing facilities and Displacement of Charter Banks and desired commercial development Charter banks, as used in this staff repon and the proposed ordinance, include the familiar banking institutions that meet federal standards and hold a charter, plus credit unions and, to a lesser extent, industrial loan companies. The ordinance states that a "Check cashier" or "check cashing business" does not include a state or federally chartered bank, savings association, credit union, or industrial loan company. "Check cashier" or "check cashing business" also does not include a retail seller engaged primarily in the business of selling consumer goods, such as consumables to retail buyers, that eash checks or issues money orders for a minimum flat fee, not exceeding 52.00, as a service to its customers that is incidental to its main purpose or business. !tern: CED Septem Deborah Edgerly Re: Communirj and Econo:nic Developr.Je::t Age:Jcy- Ordinance to regulate check cashing Page 3 The attached ordinance defines "Check cashier or check cashing business to mean (I) A person or cntity tha:, for compensation, engages in whole or in part in the bus "less of cashi:Jg checks, warrants, drafts, money orders, or other commercial paper serving the same pUI]Jose. A "check cashier" also includes the business of deferred deposits whereby the check cashier refrains from depositing a personal check written by a customer until a specific date pursuant to a written agreement as provided in Civil Code sec. 1789.33. The unchecked proliferation of check cashiog facilities displaces eXlStmg charter banks in generally lower income shopping areas. Charter banks may close or choose not to open where the market share is significantly eroded. In addition, new charter bar.ks and other desired conunercial development must compcte with check cashing establishnJents for the limited conunercial space in each shopping area. Unregulated, this may result in a reduction or displacement of needed goods and services. Staff has proposed a minimum separation of 1,000 feet between each check cashing establishment to provide for check cashing facilities as an alternative to charter banks while limiting the number of such facilities in each shopping area. In general, this requirement will limit each shopping area to one check cashing facility. This separation requirement will also allow for development of other desired conunercial development. For the same reason, staff recommends a 500 foot separation between check cashing establishments and existing charter banks. Adverse affects on the health, safety, and welfare Patrons of check cashing facilities have been robbed after leaving check cashing facilities. Some check cashing facilities are lacking in security measures when compared to charter banks. The security staff is often not certified. Surveillance cameras may be inadequate or non-existent. Exterior lighting and other measures arc not in place to protect patrons. In addition, such facilities may operate with extended hours increasing the risk to patrons. Combined, these factors may facilitate the commission of crimes at a greater rate than at charter banks. The proposed performance standards specify minimum security features 10 reduce the possibility of robberies in and around check cashing establishments. The proposed perfonnance standards would be applied as conditions of approval for any approved facility. In addition, the Conditional use Permit process allows for additional conditions of approval as needed to address design issues and 10 foster security. To protect srudents and others from possible negative impacts by association with those who might prey on them staff has proposed a 500 foot separation performance standard between check cashing facilities and existing schools. banks, and liquor stores. r~em: 1 Deborah Edgerly Re: Ccmmilllity and Economic De';elcpmem :\gency- Ordinar.ce to regulate check cashing Page 4 General Plan Land [se and Transportation Element conflicts Such businesses may potentially conflict with polices and objectives of the Land Use and transportation Element of the General Plan. Specifically the following goals, objectives, and policies: maintaining and enhancing the vitality of existing neighborhood and commercial areas. Objective l/C 1.1 Atlracting New Businesses; The Cay will strive to attract new busillesses to Oakland which hove potelltial ecollomic benefits in tenns of jobs and/or revenue generation. This effort will be coordinated through a citywide economic development strategy/marketing plan which identifies rhe City's existing economic base. the assets and constraints for future growth, target industries or activities for fUlure atlraction, alld geographic areas appropriate for future use and development. As described above, a proliferation of check cashing facilities would tend to have a negative impact on the attraction of desired businesses. The existence of a number of check cashing facilities in a shopping area will tend to discourage some businesses that would provide a potential economic benefit to the city. In addition, a proliferation of such activities would physically displace needed goods and services by competing for scarce commercial property. Policy NI.6 Reviewing Potential Nuisance Activities: The City should closely review any proposed new commercial activities that have the potential to create public Iluisance or crime problems, and should monitor those that are existing. These may include isolated commercial or industrial establishments located within residential areas, Alcoholzc Beverage Sales Commercial Activities (excluding restaurants), adult elltertamment. or other entertainment activities. C4.] Minimizing Nuisances. The potential for new or existing industrial or commercIal uses. including seaport and airport actiVIties. to create potential nuisance impacts on surrounding residential land uses should be minimIzed through appropriate siting and efficient implementation and enforcement of environmental and development controls. See the discussion on 'Adverse affects on the health, safety, and welfare' above. In addition, poorly run establishments may generate visual blight due to litter, graffiti, or lack of facility maintenance. Proposed performance standards would attend to nuisance and blight issues. Deborah Edgerly Re: Community ad Economic Dcvclopmcnt Agency- Ordinance to regulate check cashing Page 5 N5.1 Environmental Juslice. The Ciry is commilted 10 the Idenrification of issues related 10 the cor.seq!lences of dc\'e!opmenl on racial, elhllic, and disadvanlaged socio-economic groups. The Cuy will er.co:trJge active participalion of all liS communilies, and will make efforts to illfor"1 ar.d involve groups concerned wilh environmenlal juslice alld represelllalives of ccmmulli:res most impacted by ellvirollmenlal hazards in .the early stages of the plallning and develop":elll process Ihrough nOlificalion and Iwa-way communication. In the State of California the number of check cashing businesses rose from ;,467 in 1996 to over 4,000 by 2002. Approximately 57 percent of African-/unericans and 49 percent of Hispanics live within close proximity of check cashing businesses and ~2 percent of households with incomes less than 525,000 live within one mile of check cashing businesses in California. A recent study by the Urban Law & Public Policy Institute and Consumer FederltJOn of ..\merica revealed that check cashing facilities charge interest rates as high as 900 percent and that such facilities may displace the availability of full service banking institutions. In a recent study the American Association of Retired Persons indicates that customers using check cashing businesses average 13 transactions per year, per borrower, with 21 perce'lt reporting more than 20 transactions in a year. Nearly 28 percent of consumers withoUl a traditIOnal checking account cash their checks primarily at check cashing institutions. A recent study by The Progressive Policy Institute revealed that a bank account with a charter bank is the first step toward giving low income Americans access to the mainstream tools for wealth creation. Taken together, the above facts show a panem of negative consequences or development that involves racial, ethnic, and disadvantaged socio-economic groups. Therefore, the City should only consider this type of development with the active participation of the community. The proposed Conditional Use Permit process will allow this type of participation. POLICY DESCRIPTION The purpose of the proposed Ordinance is to reduce crime, grime, and ne.isance actlvllles associated with unregulated check cashing facilities and prevem the over concen:ration and possible displacement of charter banks and other needed goods and services. The goal of adopting the ordinance is to regulate the activity. The adoption of the ordinance will tend to serve poor and disenfranchised groups and some neighborhood businesses and charter banks. The proposal will affect commercial zoning districts. The ordinance will become effective after the second reading and will displace the existing interim controls which expire on :-Jovember 18, 2004, or when replaced by permanent controls. There is no ongoing maintenance or operational costs. All new check cashing activities, where permined at all. will be subject to the issuance of a Conditional Cse Permit and costs for review of each application will be bome by the applicant. Debcr3h Edgerly Re: Com:nuni:y and Economic De\'elopmc:1t Agency- Ordinar.ce to rcgulate check cashi:1g Page 6 Conditional Use Permit The adoption of a Conditional Use Permit proccss for check cashiers and/or check cashing businesses would provide a process to allow the needed regulatory review of applications for check cashiers and check cashing businesses. Staff recommends that applications for such activities be reviewed through the Minor Conditional Use Permit process in the C-20, C-25, C- 27, C-30, C-31, C-40, C-45, C-51, and C-55 zones. In all other zones the activity would not be allowed at all. In general, the Major Conditional Use Permit process is reserved for major nuisance causing activities that generally have the potential for creating major adverse impacts such as loitering and drug dealing. Certain large-scale projects are also subjcct to the Major Conditional Use Permit process. However, applications for check cashing are unlikely to mcet the size thrcshold. Any such application that does mect the size criteria would be reviewed by the Major Conditional Use Permit process pursuant to existing regulations under Section 17.134.020 based on the size of the project rather than the activity type. The Minor Conditional Use Permit process is appropriate for land use activities with the potential for minor ad\'erse impacts. Staff feels most adverse impacts that can be regulatcd by land use controls can be mitigated through standard conditions of approval discussed above and detailed in the attached proposed ordinance. Both processes allow for public input a'1d are appealable. Minor Conditional Use Permits may be appealcd to the Oakland Planning Cormnission and Major Conditional Use Permits may be appealed to the Oakland City Council. Proposed performance standards To address the issues raised above. staff proposes the normal Conditional Use Permit findings, any special regulations of the zone, a'1d the following performance st,mdards. These performance standards are designed to reduce proliferation, pre\'er.t the displacement of desired development, and reduce blight and nuisance: , I. That each Check Cashier and or Check Cashing activity be located no less than 1, 000 feet from the nearest Check Cashier and Check Cashing Activity within the City of Oakland. That each Check Cashier and or Check Cashing activity be a minimum of 500 feet from the following existing activities that have a vested right to operate: . Community Education Civic Activities (schools) . State or federally chartered bank. savings association. credit union. or industrial loan company . Community .-\ssernbly Civic Activities (churches) . Alcoholic Beverage Sales Commercial Activity item: Deborah Edgerly Re: COl11I:1urutyand Economic Development Agency- Ordinance to regulate check cashing Page 7 3. That each Check Cashier and or Check Cashing activity meets the following Performance Standards and that these performance standards are included as conditions of approval. These performance standards may be amended or expanded by Staff as they are applied to individual locations and projects and are designed to reduce blight and increase security in and around such establishments: . A lighting plan shall be reviewed and approved by the Zoning Administrator prior to issuing building permits and installed prior to establishing the activity. Exterior lighting shall be provided on all frontages. Such lighting shall be designed to illuminate persons standing outside such that they can be identified fifty feet away. Exterior lighting shall be designed so as not to cast glare ofTsite. . Storefronts shall have glass or transparent glazing in the windows. ~c more than 10% of any window area shall be covered by signs, banners, or opaque coverings of any kind. . Days and hours of operation shall be Monday through Saturday, 7:00 A\1 to 7:00 P~1. Patrons shall be discouraged from loitering prior to or after hours. At least one no loitering sign with leners at least 2" tall shall be installed and maintained where it will be most visible to pedestrians on each side of the building in which the activity is located including, but not limited to, street frontages and parking lots. . Graffiti shall be removed within 72 hours of application. . No. exterior pay telephones shall be permined. . Liner shall be removed at least two times daily or as needed from in front of and for twenty feet beyond the building along adjacent street(s). All "screet furniture" such as crates or mattresses shall be removed daily or as needed. . The applicant shall post at least one certified uniformed security guard on duty at all times the business is open. The security guard shall patrol the interior and all exterior portions of the property under control of the owner or lessee including, but not limited to, parking lots and any open public spaces such as lobbies. In general, the establishment of check cashiers and or check cashing businesses without City review could adversely affect the health, safety, and welfare enjoyed by persons in the commercial areas and neighborhoods. These uses may cause visual blight and allow a potential nuisance activity that would negatively affect the quality of life of the surrowlding businesses and residents, and would disrupt the orderly development of the surrounding neighborhood. The failure of the City to properly regulate check cashing businesses can undennine the City's efforts to improve the urban design and function of the areas at issue. Staff proposes the requirement for a Conditional Use Permit for all cheek cashiers and! or check cashing businesses to evaluate conformance with the above goals and policies. 'l D"bora:. Edger:}' R": Cou:mu:1ity and Economic Developmen: Agency- Ordin;!nce to regulate check cashing Page 8 SCSTA[:'iABLE OPPORTU:'\ITIES Economic Adoption of the ordinance will increase sustainable opportunities in a r.o;1-direct way. Shopping centers without an over concentration of check cashing establishments will have greater diversity of goods and services that may result in a more sustainable economic base for the neighborhood and the city. Environment There will be little if any environmental benefit in tems of waste reduction. energy efficiency, or minimizing toxic waste generation or use of toxic materials. Social Equity The passage of the ordinance will have a marked benefit to neighborhoods where such activities are typically located by limiting the number of commercial facilities in a given area and imposing conditions to protect citizens in and around the facilities. DISABILITY AND SENIOR CITIZEN ACCESS Activities pemitted by the ordinance will be subject to all applicable accessibility standards under Title 24 and the Americans with Disabilities Act and Older Americans Act. Such standards will be addressed by building inspection services during plan cJ-.eck and building inspecticn by Building Services. RECOi\1ME;\,DATIONS AND RATIO:'\ALE Staff recommends that the City Council approve the attached Ordinance regulating check cashing activities throughout the City of Oakland. The requested land use controls are needed to protect residents and property values. The advantage of using the Conditional Use Pennit process is that it is a proactive mechanism that allows the city to approve, condition, or deny each specific application for a check cashing facility using a process that allows community input. Allemative methods such as using blight and nuisance laws are slow and reactive allowing nuisance and blight to continue until the facility is brought into compliance and possibly endangering citizens while the issues are resolved. If the Cily Council takes no action the existing interim controls which require a Conditional Use Pennit for any new check cashing facility will sunset on November 18, 2004 after which applicants will be free to establish heck l Deborah Ecgerly Re: Commurjty ~nJ Economic Development Agency- Ordinance to regulate check casbng ?age 9 cashing facilities an)where other financial institutions are allowed. Sincc tinaneial institutions are allowed in nearly every conunercial zoring district, check cashing activitics would be allowed in nearly every commercial district with no review. ACTIO:'< REQUESTED OFTHE CITY COU:"iCIL Staff recommends that the City Council approve the attached ordinance regulating e!lcck cashing activities. Respectfully submitted, fGt CLAU~IA ~AP ~ Director of Development Prcpared by: Chris Candell, Plarmer II Planning and Zoning APPROVED AND FORWARDED TO THE COMMUl\lTY & ECONOMIC DEVELOPMENT CO~1MITTEE: /J4-1L a. ISTRTOR Attachments: a. Draft Ordinance b. Copy of Staff report to Oakland Planning Commission dated July 7, 2004. Containing as attachments: , Llo, A copy of the SlaffReport and emergency Ordinance 12558 dated 0lover:1oer 18, 2003. and a ,... J Copy of the Staff report and interim Ordinance 12565 dated December ,6,2003. Item: , ...."-., ...... _ _ ___."W.~ o o o ORDINANC.(C. ~ IP){ AN URGENCY ORDINANCE OF THE CITY OF SA!'; BEIU'iARDINO ESTABLISHING A MORATORIUM ON CERTAIN NEW BUSINESSES AND THE RELOCATION OF SAID BUSINESSES IN THE CITY, DECLARING THE URGEl'ICY THEREOF, AND TAKING EFFECT IMMEDIA TEL Y. 1 2 3 4 The Mayor and Common Council of the City of San Bernardino do ordain as follows: 5 SECTION 1. FINDfNGS. The Mayor and Common Council of the City of San 6 Bernardino hereby finds and declares that: 7 (a) There has been an overproliferation of the following commercial uses in the City 8 of San Bernardino: 9 (I) (2) (3) (4) (5) (6) Smoke Shops; "99 Cent Stores;" Tatoo Parlors and/or Body Piercing Studios; Seeond Hand StoreslThrift Stores; Check-Cashing Facilities; Convenience Stores within a one mile radius of another convenience stores; 15 (7) Pawn Shops; 19 (I) (2) (3) (4) (5) 10 11 12 13 14 16 (8) Automotive Stereo Shops. 17 (b) The above-referenced commercial uses have caused or contributed to one or more 18 of the following adverse effects to the surrounding areas: 20 21 22 23 increased crime, loitering, litter and illegal dumping, illegal signage, improperly maintained landscaping, depreciation of property values. 24 (c) The establishment of any new business or the relocating of any said business set forth in Subsection (a), above, will result in causing or contributing to the adverse effeets listed in 25 Subsection (b), above. 26 (d) The City's Development Services Department has been directed to evaluate and make recommendations to the Legislative Review Committee and the Common Council, and, if 27 necessary, the Planning Commission, regarding the necessity and form of regulation of any new business or relocation of said business set forth in Subseetion (a). 28 III HE:cj {Moratorium.ord I 1 o 1 (e) The establishment of any new business or relocation of said business set forth in Subsection (a) will result in conflicts with regulations that may ultimately be adopted by the Mayor 2 and Common Council. 3 (I) For the reasons stated herein, the establishment of any new business or relocation of said business set forth in Subsection (a) during the term of this Ordinance, poses a current and 4 immediate threat to public health, safety and welfare. 5 (g) This Urgency Ordinance is not a project subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(b). In the event that this Ordinance 6 is found to be a project under CEQA, it is subject to the CEQA exemption contained in Section 15061 (b) of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that 7 it may have a significant effect on the environment. This Ordinance will not create a change in the environment because it maintains the status quo. 8 SECTION 2. Notwithstanding any conflicting provision(s) in the San Bernardino 9 Municipal Code, including the Development Code, during the term of this Urgency Ordinance, no Conditional Use Permit, Development Permit, Building Permit, Certificate of Occupancy, Zoning 10 Verification Review, or Business Registration Certificate shall be issued or granted for the establishment of a new business, or the relocation of an existing business, in the City of San 11 Bernardino within the following categories of commercial uses: .l.2 (I) 13 o (2) 15 16 (3) 17 18 '-9 20 21 (4) 22 23 24 25 (5) 26 o 27 28 III HE'cJ{\loratonum.ord] Smoke Shops - Establishments that sell cigarettes, cigars, pipes, bongs, tobacco, and related paraphernalia; "99 Cent Stores" - Establishments that sell a variety of merchandise in the low price ranges: they sell inexpensive apparel and accessories, costume jewelry, notions and small wares, candy, fountain refreshments, toys, and other low-priced items; Tatoo Parlors and/or Body Piercing Studios - Establishments that engage in any method of placing permanent designs, letters, scrolls, figures, symbols, or any other marks upon or under the skin with ink or any other substance, by the aid of needles or any other instruments designed to touch or puncture the skin, resulting in either the coloration of the skin, or the production of scars or scarring and/or establishments that create an opening in the body of a person for the purpose of inserting jewelry or other decoration; Second Hand StoreslThrift Stores - Establishments that sell used merchandise such as clothing and shoes, household furniture, home furnishings and appliances, books and magazines, office furniture, used musical instruments, used phonographs and records, used fixtures and equipment, including re-sale shops. consignment shops, and similar businesses, but exempting such stores owned or operated by existing entities recognized as non-profit by the Secretary of State, the State of California, and in "good status" with the same; Check-Cashing Facilities - Establishments that engage, in whole or in part, in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose, such facilities do not include a state or federally chartered bank, savings and loan association, credit union, or industrial loan company; 2 0 1 2 3 4 5 6 7 8 9 10 11 12 13 o o (6) Convenience Stores (if located within a one mile radius of another convenience store) - The retail sale of groceries, staples, sundry items, and/or alcoholic beverages where the gross floor area is less than 5,000 square feet; (7) Pawn Shops - Businesses that loan money or other items of value to any person, firm or corporation, upon any personal property, personal security or the purchasing of personal property and reselling or agreeing to resell such articles at prices previously agreed upon; (8) Automotive Stereo Shops - Establishments that exclusively sell and install automotive stereos and accessories. SECTION 3. This Urgency Ordinance shall automatically expire nine months after adoption unless extended by the Mayor and Common Council. SECTION 4. This Urgency Ordinance is based upon the findings set forth in Section 1, above. and the accompanying Staff Report and its attachments to this ordinance, and is adopted pursuant to the authority granted to the City of San Bernardino in Article 11, Section 7 of the California Constitution, and pursuant to Article 111, Section 31 of the Charter of the City of San Bernardino. This Urgency Ordinance shall take effect immediately upon adoption. SECTION 5. The provisions of this Ordinance are declared to be separate and severable. The invalidity of any clause. sentence, paragraph, subdivision, section, or portion of this Ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this Ordinance, or the validity of its application to other persons or circumstances. 14 fill 15 fill 16 /1/ 17 III 18 III 19 11/ 20 21 22 23 24 25 26 27 28 HE. CJ[~loralOnum.ordJ 3 o 1 AN URGENCY ORDINANCE OF THE CITY OF SAN BEAAARDINO EST ABLlSHIl'lG A MORATORIUM ON CERTAIN NEW BUSINESSES AND THE RELOCATIOl" OF SAID 2 BUSINESSES IN THE CITY, DECLARING THE URGENCY THEREOF, AND TAKING EFFECT IMMEDIA TEL Y. 3 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a meeting thereof, held on the _day 5 of , 2004, by the following vote, to wit: 6 7 COUNCIL MEMBERS: AYES NAYS 8 ESTRADA 9 LOl':GVILLE 10 MCGINNIS 11 DERRY 12 KELLEY 13 JOHNSON 0 14 MC CAMMACK 15 16 17 18 ABSTAIl'I ABSEl"T Rachel Clark. City Clerk 19 The foregoing Ordinance is hereby approved this _ day of ,2004. 20 21 22 JUDITH V ALLES. Mayor City of San Bernardino 23 24 Approved as to form and legal content: 25 26 JAMES F. PENMAN 0 City Attorney 27 28 HElcj[Moratorium.ord] 4 .....~ . '~" ~: ,* *pFC)R OFFICE USE O'NL Y _ NOT.A PUBLIC, DOCUMENT *~u A '~!!J7f."'!: C, ',: ::P:"): :.'{~;;;. ";~~'!~'~~~..,' ,':::'~r~~7::::::~':;":1?~~~7'h~~,;"I,>r' ,,""CITY OF SAN BERNARDINO':'CilY CLERK'SOFFICE";c,-",_,,:,,:, "'..' , ..... RECORDS & INFORMATION MANAGEMENT PROGRAM . ,..,.c.."."., " .... . .;'- AGENDA ITEM TRACKING FORM Abstain; lr; Item No. S'I Ordinance urgen~1 Termination/Sunse~- Nays: ---r"J Absent: ~ .3 Meeting Date/Date Adopted: / tJ ~ C/- t? <I Resolution/Ordinance No. Me - /1 ,If X I Effective Date: / () - <j - {} <I Vote: Ayes: ~ 21 f'~ c:/ 7 No ;/j/o~ 11.....f,~.2~t '7 ffC Date Sent to Mayor: 10-5- 0 1../ Date of Mayor's Signature: It? - )' - 0 'i Date Summary Sent to Attorney: I D -.s: - ocl , Date Published: /O-f -Ot( Meeting Type: 9~ 12r~ Continued From/To Item No. Date Returned from Mayor: I o-s;-- 0<( Date of Clerk's Signature: /0 - S--O,-/ Date Summary Returned from Attorney: IO-S; -0,/ Date Seal Impressed: I~ -~_oV Date Sent for Signature: Expiration Date: Copies Distribute' To: To Whom: I Exhibits Complete Attached to Resolution/Ordinance: Reminder Letter Sent: Reminder Letter Sent: Reminder Letter Sent: Request for Council Action & Staff Report Attached: Yes No Notes: if~~~ /~ - ;//~ # ' -~x!J~-~tf x'~,-fn-e-0 i!~ Ready to File: . I ' Y DOC\JMfNT lOCA TlOH: fQUl6f~ ... TraddftI fotm .cc Fomt No. III.IAC t.JOdaIed:. 12.Ot1l'" Date: /0/) /ay / /