Ordinance 2804CITY OF ALAMEDA ORDINANCE NO.
2804
New Series
EMERGENCY ORDINANCE ESTABLISHING A FORTY-FIVE DAY
MORATORI ON THE ISSUANCE OF BUILDING , ZONIG, OCCUPANCY
AND OTHER PERMITS FOR THE ESTABLISHMENT OR EXPANSION OF
CHECK CASHING ESTABLISHMENTS
WHEREAS , according to a July 18 , 1999 New York Times report , check-cashing businesses
have increased 2 500 percent nationwide over the past seven years from 300 establishments
nationwide to nearly 8 000; and
WHEREAS, the City has received a number of inquiries regarding the establishment of new
check-cashing businesses with the City of Alameda; and
WHEREAS , the Alameda Municipal Code does not specifically regulate the location or
operation of check-cashing businesses and such businesses are currently permitted in commercial
zoning districts; and
WHEREAS , the City of Alameda is in the process of developing a "Downtown Visioning
Project" and Economic Development Strategic Plan and has also begun a process to
comprehensively update its General Plan and Development Code; and
WHEREAS , the City needs to address this expected proliferation of check-cashing
businesses; and
WHEREAS , the requirements ofthe Californa Environmental Quality Act of 1970 (CEQA)
have been satisfied, and in accordance with Sections 1506l(b)(3), of the California Code of
Regulations , this project is exempt from the provisions ofCEQA; and
WHEREAS , because of the forgoing, it is both urgent and essential to the general health
safety, and welfare of the community and its citizens and the promotion of proper land use , to
immediately prohibit for a limited time the issuance of building, zoning, occupancy, and other
permits for check-cashing businesses , to allow time to study the issue so that appropriate land use
controls can be developed;. and
WHREAS , the City Council expressly. finds and declares that this ordinance is necessary
for protecting public peace during this emergency situation. Urgent action is needed due to:
(1)
(2)
(3)
(4)
(5)
the reasons set forth in the recital paragraphs ofthis Ordinance;
potential proliferation of check cashing businesses;
ambiguities in the City s zoning regulations;
strong public outcries regarding the proliferation of check cashing businesses; and
the City s need to study the zoning impacts of check-cashing business uses.
WHEREAS, the City Council finds and determines that the public safety, health
convenience , comfort, prosperity and general welfare wil be fuhered by the proposed moratorium.
NOW, THEREFORE , BE IT ORDAID by the Council of the City of Alameda that:
Section 1.The City Council finds and determines the foregoing recitals to be true and
correct and hereby makes them a part of this Ordinance.
Section 2.The requirements of the California Environmental Quality Act (CEQA) of
1970 , as prescribed by the Secretar of Resources , and the City of Alameda s environmental review
requirements have been satisfied, and that in accordance with Sections 15061 (b )(3), of the California
Code of Regulations , this project is exempt from the provisions of CEQA.
Section 3 This moratorium shall remain in place for a period of forty five days which
may be extended by ordinance or until the date a decision is rendered by the City Council to adopt
permanent land use controls for the establishment or expansion of check-cashing businesses
whichever occurs earlier, to allow the completion ofthe City's analysis to provide the City Council
with sufficient time to review the analysis and consider adoption of appropriate land use controls.
Section 4 For the term of this Ordinance , no building, zoning, occupancy or other
permits shall be issued for the establishment or expansion of check cashing businesses.
Section 5
. "
Check-cashing business " are enterprises deriving 7 5 percent or more of gross
revenue from the fees or interest for the conversion of checks , money orders , or other instruents
of limited negotiability into legal cash tender, payroll or cash advances or other short term loans.
Such businesses do not include Automated Teller Machines.
Section 6 An analysis which examines appropriate land use controls and other strategies
to address the establishment or expansion of, and appropriate location for, check-cashing businesses
is hereby authorized and will be completed within six months.
Section 7 . The public safety, health and general welfare wil be furthered by this Emergency
Ordinance.
Section 8 . This Ordinance wil be effective immediately upon its adoption by the City
Council pursuant to Section 3-12 of the City Charter, and shall apply to (1) check cashing
businesses, where no City building, zoning or other permit is required to establish the enterprise
excluding check-cashing businesses that were legally established prior to the effective date of this
Ordinance. Notwithstanding the foregoing, this Ordinance shall be applicable to. all expansions of
activities devoted primarily check-cashing services that are made after the effective date of this
Ordinance; and (2) all applications for building, zoning, occupancy and other permits , unless , prior
to the effective date of this Ordinance , the applicant has received from the City all required permits
including final buildings permits for his/her project and has completed substantial construction in
reliance thereon. .
Further, for the term of this Ordinance and beginning with the effective date of this
Ordinance , no check-cashing business shall be expanded , established, or opened in any facility or
zone in the City of Alameda, excepting therefrom activities established pursuant to Section 11 ofthis
Ordinance. This Ordinance shall be applicable to all check-cashing business activities
notwithstanding how such activities are classified by City of Alameda Zoning Regulations and
regardless of whether such activities are permitted or conditionally permitted activities. Moreover
the moratorium established by this Ordinance shall be applicable to expansions and establishments
of check-cashing businesses , even where no City of Alameda building, zoning or other permit is
required or otherwise needed for such activities to . be established or expanded.
Section 9 This Ordinance is enacted pursuant to the City of Alameda s general police
powers , Section 3-1 of the City Charter and Article XI of the California Constitution
Section 10 If any provisions of this Ordinance or the application thereof to any person
or circumstances is finally held invalid , the remainder ofthis Ordinance and the application of such
provisions to other persons or circumstances shall not be affected.
Section II The City, on a case by case basis , shall have the authority upon a showing of
good cause by an applicant , to waive the moratorium imposed by this Ordinance and to allow for the
granting of permits to said applicant pursuant to the otherwise suspended and applicable zoning
provisions of the Alameda Planing Code. Good cause shall mean a factual and evidentiar showing
by the applicant that the moratorium , if not waived , wil deprive the applicant of substantially all
reasonable 1!se of his/her property. All such applications for waiver shall be fied with the City
Planing Department with appropriate fee. Said applications shall be reviewed and decided by the
Planning Board. Within 10 calendar days a a r the date of a decision by the Planning Board, and
appeal from said decision may be taken to the City Council by the applicant, the permit holder, or
any other interested party. In the event the last date of appeal falls on a weekend or holiday when
City offices are closed , the next date such offices are open for business shall be the last date of
appeal. Such appeal shall be made on a form prescribed by the Planing Board and shall be fied
with the City Clerk. The appeal shall state specifically wherein it is claimed there was an error or
abuse of discretion by the Board or wherein its decision is not supported by the evidence in the
record. Upon receipt ofthe appeal , the Council shall set the date for consideration thereof. The City
Clerk shall notify the Secretary of the Planning Board of the receipt of said appeal and of the date
set for consideration thereof; and said Secretar shall , not less than ten days prior thereto, give
written notice to; the applicant, the appellant in those cases where applicant is not the appellant;
adverse party or paries , or the attorney, spokesperson, or representative of such party or paries;
other interested groups and neighborhood associations who have requested notification; and to
similar groups and individuals as the Secretary deems appropriate , of the date and place of the
hearng on the appeal. The decision of the City Council shall vote on the appeal within thirty (30)
days after its first hearng ofthe appeal. Ifthe Council is unable to decide the appeal at that meeting,
it shall appear for a vote on each regular meeting ofthe Council thereafter until decided. Fees for
waiver applications and associated appeals shall be the same as those charged for Major Conditional
Use Permits.
Section 12 . To the extent this Ordinance is inconsistent with any other provisions of the
Alameda Municipal Code or the Alameda Development Regulations , the more stringent regulations
shall apply. This Ordinance suspends contrary regulations in the Alameda Municipal Code or
Development Regulations.
Section 13.The City s Planning Director , or his/her designee , shall have the authority in the
first instance to interpret the provisions ofthis Ordinance and their applicability to particular parcels
individuals and situations. Following the procedures and requirements of section 30-25 of the
Alameda Municipal Code an appeal may be taken to the Planning Board by any interested party,
from any administrative determination or interpretation made by the City s Planning Director , or her
designee , under this ordinance. The decision ofthe Planning Board may be appealed to City Council
pursuant to section 30-25 of the Alameda Municipal Code.
Section 14 This Ordinance shall take effect immediately upon adoption and be in full
force and effect as an urgency measure for the immediate preservation of public health , safety and
welfare. This Ordinance shall be of no further force and effect forty five days from the date of its
adoption unless further extended by subsequent Ordinance.
Attest:
, the undersigned , hereby certifY that the foregoing Ordinance was duly and regularly adopted
and passed by the Council of the City of Alameda in regular meeting assembled on the-- day of
September , 1999 , by the following vote to wit:
AYES:Councilmembers Daysog, DeWitt , Johnson, Kerr and
Mayor Appezzato - 5.
NOES:None.
ABSENT:None.
ABSTENTIONS:None.
IN WITNSS , WHREOF , I have hereunto set my hand and affxed the offcial seal of said City this
10th day of September , 1999.
Diane F elsch, City Clerk
City of Alameda