Ordinance 2814CITY OF ALAMEDA ORDINANCE NO. 2814
New Series
URGENCY ORDINANCE REPEALING ORDINANCE NO. 2804 AND
ESTABLISHING A TEN MONTH FIFTEEN DAY MORATORIUM ON THE
ESTABLISHMENT OR EXPANSION OF CHECK CASHING BUSINSSES
WHEREAS , the number of check cashing businesses has grown considerably over the last
ten years; and
WHEREAS , the growth in the number of these businesses appears to be increasing; 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 of the California Environmental Quality Act of 1970 (CEQA)
have been satisfied, and in accordance with Sections 15061(b)(3), of the California Code
Regulations , this project is exempt from the provisions of CEQA; 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
WHEREAS , the City Council adopted Ordinance No. 2804 on September 9 , 1999 which
imposed a forty-five day moratorium on the issuance of building, zoning, occupancy and other
permits for the establishment or expansion of check cashing establishments; and
WHEREAS, 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 of this 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 will be fuhered by the proposed moratorium.
NOW , THEREFORE , BE IT ORDAINED by the Council ofthe 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 Secretary of Resources , and the City of Alameda s environmental review
requirements have been satisfied , and that in accordance with Sections 15061(b)(3), ofthe California
Code of Regulations , this project is exempt from the provisions ofCEQA.
Section 3 This moratorium shall remain in place for a period often months and fifteen
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 of the 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 " shall mean a person or entity that for compensation
engages , in whole or in part , in the business of chasing checks , warrants , drafts , money orders , or
other commercial paper serving the same purose. "Check-cashing business " also includes persons
or entities that for compensation , provide payroll or cash advances or other short term loans. Such
businesses do not include a state or federally chartered bank, savings association, credit union, or
industrial loan company or Automated Teller Machines associated therewith. "Check-cashing
business" also does not include a retail seller engaged primarly in the business of sellng consumer
goods , including consumables to retail buyers that cashes checks or issues money orders for a
minium flat fee not exceeding two dollars ($2) as a service to its customers that is incidental to its
main purpose or business.
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 wil be completed within ten months.
Section 7 . The public safety, health and general welfare wil be fuhered 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 ofthis 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 of this
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 Aricle 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 of this Ordinance and the application of such
provisions to other persons or circumstances shall not be affected.
Section 11 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 ofthe Alameda Plannng Code. Good cause shall mean a factual and evidentiary showing
by the applicant that the moratorium , if not waived , will deprive the applicant of substantially all
reasonable use of his/her property. All such applications for waiver shall be filed with the City
Planng Deparent with appropriate fee. Said applications shall be reviewed and decided by the
Planning Board. Within 10 calendar days after the date of a decision by the Planning Board, an
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 offces are closed, the next date such offices are open for business shall be the last date
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 of the 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 Secretary 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 parties , or the attorney, spokesperson , or representative of such party or parties;
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
hearing on the appeal. The decision of the City Council shall vote on the appeal within thirty (30)
days after its first hearing ofthe appeal. Ifthe Council is unable to decide the appeal at that meeting,
it shall appear for a vote on each regular meeting of the Council thereafter until decided. Fees for
waiver applications and associated appeals shall be the same as those charged for Commercial Use
Permits and associated appeals.
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 Planing 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 Plannng Director, or her
designee , under this ordinance. The decision ofthe Planng Board may be appealed to City Council
pursuant to section 30-25 ofthe Alameda Municipal Code.
Section 14 . Ordinance No. 2804 is hereby repealed.
Section 15 . This Ordinance shaH 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 ten months and fifteen days from the date of
its adoption unless further extended by subsequent Ordinance.
Attest:
dW
CIty Clerk
, 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 19th day of
October , 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
20th day of October , 1999.
tU Yitb
Diane Felsch , City Clerk
City of Alameda