HomeMy WebLinkAboutPlanning Comm Reports /2006/03/08
AGENDA
PLANNING COMMISSION
Of the City of Chula Vista, California
6:00 p.m.
Wednesday, March 8, 2006
City Hall
New Council Chambers
276 Fourth Avenue
Chula Vista, CA
CALL TO ORDER
ROLL CALUMOTIONS TO EXCUSE
Madrid_ Felber_ Bensoussan_ Hom_ Nordstrom_ Tripp_
PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE
APPROVAL OF MINUTES:
February 8, 2006
INTRODUCTORY REMARKS
ORAL COMMUNICATIONS
Opportunity for members of the public to speak to the Planning Commission
on any subject matter within the Commission's jurisdiction but not an item on
today's agenda. Each speaker's presentation may not exceed three minutes.
1. PUBLIC HEARING: PCS 06-10; Consideration of a Revised Tentative
Subdivision Map for Brookfield Shea Otay Ranch
Sectional Planning Area (SPA) Village 11. (Quasi-judicial)
Staff recommends that public hearing be opened and continued to March 22, 2006.
2. PUBLIC HEARING: PCS 06-02; Consideration of application for the proposed
conversion of the existing 336-unit Missions at Sunbow
apartment complex to 336 condominium units for
individual ownership - LDM Sunbow, LLC. (Quasi-judicial)
Staff recommends that public hearing be opened and continued to March 22, 2006.
Continued next page.
Planning Commission
- 2 -
March 8, 2006
3. PUBLIC HEARING: PCA 05-02; Consideration of an amendment to various
sections of Title 19 to regulate fee-based Check Cashing,
Deferred Deposit, Payday Advance and similar
businesses.
Ordinance amending Title 19, Zoning and Specific Plans
of the City of Chula Vista to add a new use classification
and amend related code sections to regulate fee-based
check cashing, deferred deposit, payday advance and
similar businesses, and limiting where such activities
may be permitted. City Initiated (Legislative)
Project Manager: Michael Walker, Senior Associate Planner
DIRECTOR'S REPORT:
COMMISSION COMMENTS:
ADJOURNMENT:
To a regular Planning Commission meeting on
March 22, 2006.
COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT
The City of Chula Vista, in complying with the American with Disabilities Act (ADA), requests
individuals who require special accommodations to access, attend, and/or participate in a City
meeting, activity, or service, request such accommodations at least forty-eight hours in advance for
meetings, and five days for scheduled services and activities. Please contact Diana Vargas for
specific information at (619) 691-5101 or Telecommunications Devices for the Deaf (TOO) at 585-
5647. California Relay Service is also available for the hearing impaired.
MINUTES OF THE
CITY OF CHULA VISTA
PLANNING COMMISSION MEETING
6:00 p.m.
Wednesday, February 8, 2006
Public Services Building
Council Chambers
276 Fourth Avenue
Chula Vista, CA
CALL TO ORDER:
Present:
Absent:
Felber, Bensoussan, Horn, Tripp
Nordstrom, Madrid
Staff Present:
Jim Hare, Assistant Planning Director
Luis Hernandez, Development Planning Manager
Lynette Tessitore-Lopez, Associate Planner
Gerald Moorer, RBF Consultant
John Mullen, Deputy City Attorney III
ROLL CALL I MOTIONS TO EXCUSE:
MSC (FelberlTripp) (4-0-2-0) to excuse Commissioners Madrid and Nordstrom. Motion carried.
INTRODUCTORY REMARKS: Read into the record by Vice Chair Horn
ORAL COMMUNICATIONS:
No public input
1. PUBLIC HEARING:
PCC 04-53; Consideration of a Conditional Use Permit filed by
the St. Pius X Church for a Master Plan to renovate and expand
the existing buildings at the St. Pius X Church and parochial
school. The proposed project includes the expansion of the
sanctuary to accommodate a seating capacity of 853 (402 seats
added). Applicant: Catholic Diocese of San Diego.
Background: Gerald Moorer reported that the Catholic Diocese submitted an application for a
CUP for the demolition, expansion, and modification of the existing St. Pius Church facilities and
school located at 1120 Cuyamaca Avenue. Surrounding land uses consist of single-family
residences to the north, east, south and west with the Castle Park Elementary School located
southwest.
The existing church complex consists of a 3,000 sf sanctuary, a 3,200 sf parish office, an
approximately 15,000 sf parochial school, a 4,700 sf rectory, a 4,700 sf hall, and 176 on-site
parking spaces.
The proposal includes the expansion of the sanctuary from 450 seats to 852 seats and its re-
orientation toward the interior parking lot with access from the parking lot. The sanctuary
expansion will enable them to reduce the number of weekend services from nine to five. The
project includes the renovation of the school and the addition of a 6,500 sf multi-purpose room.
The existing parish hall will be demolished and a new 12,150 sf will be constructed.
Plannina Commission Minutes
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February 8. 2006
Issues that were brought up and reviewed:
. Historical and cultural significance
. ParkinQ; currently 176 parking spaces are available at a ratio of 1 space per 2.55 seats. The
Municipal Code requires a parking ratio of 1 space per 3.5 seats. To accommodate 852 seats,
the project is required to provide 243 parking spaces.
. Traffic impacts; the traffic analysis determined that the project would generate 57 new average
daily trips and the streets and nearby intersections would continue to operate at Levels Of
Service B or better.
. The noise study found that short-term construction, student and parking noise would result
with development of the project. Mitigation measures are to include a 6 foot high masonry wall
along the western property line and restricting construction activities to strict hours of operation
will reduce the noise levels to below a level of significance.
Staff Recommendation: That the Planning Commission adopt the Mitigated Negative
Declaration IS 04-28 and Resolution PCC 04-53 approving Conditional Use Permit PCC 04-53
based on the findings and subject to the conditions contained therein.
Commission Questions I Comments:
Cmr. Bensoussan disclosed that she did a site visit and discussed the project with the applicant
and architect. She asked if any efforts, beyond what is minimally required for parking, were being
made to accommodate additional parking, and inquired what, if any, recommendations or
concerns did the RCC have.
Mr. Moorer, responded that they are meeting the Code requirements for parking and the City is
not requiring any more beyond that. Mr. Moore stated that the RCC's comments were mostly of a
historical context and were overall supportive of the project.
Cmr. Tripp stated that the City cannot regulate how many services a church may have and
inquired if the traffic analysis considered the reduction of services from 9 to 5, as a mitigation
measure to maintain a Level Of Service B. Cmr. Tripp also asked how the ratio of compact car to
regular car parking spaces is determined.
Mr. Hernandez responded that typically for projects such as this, the ratio is 10% of the total
parking spaces. In other instances, i.e. a shopping center, the ratio may be as much as 25%.
Cmr. Hom stated he appreciated Cmr. Bensoussan's comments regarding the RCC's input on the
project and encouraged staff to include in their staff report, as often as possible, any comments or
recommendations made by other commissions, which are very helpful to the Planning
Commission. He also asked if the church uses parishioners to help direct traffic during peak hours
on Sundays.
6:38:19 PM Public Hearing Opened.
6:38:47 PM Daniel White, Architect; 1290 E. Center Court Dr., Covina, CA stated that to his knowledge
the church does not typically have traffic controllers unless they're having a special event and
expecting large crowds. Of the 9 masses taking place on Sunday, two of them occur concurrently,
which causes some of the traffic congestion. By increasing the sanctuary capacity and reducing
the number of masses from 9 to 5, this will resolve the congestion problem.
Plannina Commission Minutes
-3-
February 8. 2006
6:40: 15 PM Charles San Felipe, 1184 Cuyamaca Street stated his concern is with traffic and parking
congestion, specifically during school drop-off and pick-up hours. Mr. San Felipe also stated that
there are no traffic control devices such as a stop sign or light signals at the corner where the
church is located. Furthermore, there is an unsafe conditions with overgrown vegetation blocking
visibility of cross traffic at the corner of Cuyamaca St. and the church. Children drop-off signage is
inadequate and not visible and he is concerned with the safety of the children; he and his
neighbors would support the installation of speed bumps.
6:48: 11 PMMr. White responded that they will make every effort to ensure that the landscaping requirements
are adhered to and that the vegetation is kept at a height that does not impede visibility. Mr. White
also stated that the parish and the Police Dept. have a collaborative effort to adhere to a an on-
site traffic plan for drop-off and pick-up of children.
6:50:49 PM Public hearing closed.
MSC (Tripp/Felber) (4-0-2-0) that the Planning Commission adopt the Mitigated Negative
Declaration IS 04-28 and Resolution PCC 04-53 approving Conditional Use Permit PCC 04-
53 based on the findings and subject to the conditions contained therein and with the
following recommendation: That the applicant work through the Traffic Engineer and
Safety Commission, and/or Police Department to do a site visit to see what improvements
can be made to traffic circulation plan. Motion carried.
3:45 PM 2. Public hearing:
ZAV 06-05; A variance request to waive the one (1) off-
street parking space that is required for an accessory
second dwelling unit located at 97 "D" Street. Applicant:
Carl and Leticia Zinno
Background: Lynette Lopez reported that on April 26 2005 a building permit was issued for the
construction of an accessory unit at this site. A one car parking space along the eastern portion of
the lot satisfies the parking requirement.
In an effort to avoid removal of an established landscaping hedge, a planting area and decorative
masonry wall, the owner has requested a variance from the off-street parking requirement and the
approval of the variance would help to preserve the character of this established neighborhood. If
the variance is denied, the property owner will have to remove the hedge and erect a 5 ft. fence to
screen the parking within the sideyard to the east.
Though the applicants have met the requirements for their ADU, they would like to preserve
landscaping features that are significant to both the subject property and the early 1900 Craftsman
home, as well as provides privacy for both properties. The home is not currently listed in the
Chula Vista List of Historic Sites, however, it does appear to retain characteristics and integrity
that would be considered for historic designation.
Staff has encouraged the applicant to continue negotiation of the access easement to the rear of
their property where the ADU is being constructed in order to accommodate the parking next to
the unit.
Sta~ Recommendation: That the Planning Commission approve ZA V 06-05 based on the
findings contained in the Resolution.
Plannina Commission Minutes
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Februarv 8. 2006
Commission Discusssion I Comments.
Cmr. Tripp inquired who owns the property that the applicant would need to negotiate with to
acquire an easement to enter from the rear of his property.
Lui~ Hernandez responded that neither the City nor the applicant has been able to acquire the
necessary right-of-way to complete the First Avenue alignment, which would then give access to
the applicant's rear property.
Cmr. Tripp inquired if a historic study had been done on the Craftsman home.
Ms. Lopez responded that it is listed on the 1985 Historic Resources Inventory, but is not officially
designated as historic.
Crm. Tripp asked if the inventory identified the hedge as adding to or benefiting the historicity of
the home.
Ms. Lopez stated that the inventory reads that there are associated features, which could include
landscaping, but does not specifically identify that particular hedge.
Cmr. Felber made the observation that perhaps a parking space could be accommodated if the
masonry wall was relocated closer to the larger hedge.
Mr. Hernandez stated that parking is not allowed in the front yard, however, if the Planning
Commission feels that the parking must be accommodated, then that could be an alternative.
Cmr. Bensoussan clarified that whenever a historic structure is listed in the Inventory as a
resource, although it may not have yet been designated as historic, once its on the inventory it can
be fast-tracked to be designated if it meets the requirements.
With respect to the landscaping, since it was mentioned on the inventory as a feature, its
important to take that into consideration because when a house is designated as historic, its not
exclusively based on the house, but rather, the whole parcel is considered and landscaping is in
context to the overall property.
Cmr. Hom stated that he was contacted by Allison Rolfe in the Mayor and Council Office and
stated that she had worked diligently with the Zinns and the decision to move forward with the
variance was done as a compromise.
Cm::'. Tripp stated that as much as he'd like to support the variance he is compelled to make
specific findings to grant it. Without citing privacy issues and compromises, in his opinion, neither
the testimony nor the report adequately raised issues, nor mentioned the landscaping as a
significant component in its relation to the historicity of the craftsman home, therefore, he cannot
in good conscience make the necessary findings to grant the variance. Furthermore, we are in the
process of an ADU ordinance amendment and parking is a hot topic that has been discussed at
length; he's concerned with precedence-setting if this variance is granted as presented tonight.
Public Hearing Opened.
Paula Sieberlich, 89 First Avenue, stated that she owns the lot to the north of the Zinn property
and is disheartened that their project has been held up for months due to neighbor disputes. Ms.
Sieberlich stated she is willing to do whatever it takes to help move along the completion of the
Plannina Commission Minutes
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February 8. 2006
Zinns ADU in as much as she would be willing to share a portion of her driveway to allow the
Zinns to place a driveway of their own to give them access to their rear property. Additionally, she
has a gate that opens to the dirt lot that crosses an easement to which she has permanent
encroachment rights and she is willing to give the Zinns a key to this gate to give him access. Ms.
Sieberlich urged the Commission to grant the variance.
Public Hearing Closed.
MSC (Bensoussan/Hom) (3-1-0-1) that the Planning Commission approve ZAV 06-05 based
on the findings contained in the Resolution. Motion failed with a nay vote from Cmr. Tripp.
John Mullen, Assistant City Attorney read into the record the applicant's due process under
Section 19.14.110 of the Municipal Code, which reads, "Where an application is denied by the
Plarming Commission by less than four votes, the applicant shall have the right of either a
rehearing at the next Planning Commission meeting or an appeal to the City Council without
payment of additional fees....".
DIRECTOR'S REPORT:
Jim Hare, Assistant Planning Director gave an updated on:
· The upcoming move from the PSB into the former Police Department and the close-down
schedule.
· The City Council Housing Workshop
COMMISSION COMMENTS:
· Cmr. Felber stated he'd like to pass along a recommendation to whomever is responsible for
scheduling Council workshops on a night when there is a regular City Council meeting, that
(hey be done at the beginning, rather than at the end of the Council meeting so that those who
are interested in the workshop topic don't have to wait around for a substantial amount of time
until the workshop begins.
Meeting adjourned: To the next regular Planning Commission meeting of February 22,2006.
Submitted by:
Diana Vargas,
Secretary to the Planning Commission
PLANNING COMMISSION AGENDA STATEMENT
Item No.: J
Meeting Date: 3/8/2006
ITEM TITLE:
Public Hearing: PCA-05-02: Consideration of an amendment to Various
Sections of Title 19 to regulate fee-based Check Cashing, Deferred Deposit,
Payday Advance and similar businesses.
Ordinance: An Ordinance amending Title 19, Zoning and Specific Plans, of
the City of Chula Vista to add a new use classification and amend related
code sections to regulate fee-based check cashing, deferred deposit, payday
advance and similar businesses, and limiting where such activities maybe
permitted.
Fee-based check cashing, deferred deposit, payday advance and similar businesses ("check cashing
businesses") are considered the same as banks and other financial institutions and were allowed by
right in several zoning districts. The proposed ordinance defines the use and/or business, imposes a
conditional use permit requirement, adds special criteria (or performance standards) for such use
and/or business and limits them to specific zoning districts where they may be allowed to operate.
The Environmental Review Coordinator has reviewed the proposed project for compliance with the
California Environmental Quality Act and has determined that the project qualifies for a Class 8
categorical exemption pursuant to Section 15308 ofthe State CEQA Guidelines. Furthermore, it can
be seen with certainty that there is no possibility that the activity in question may have a significant
effect on the environment. Therefore, no environmental review is required.
RECOMMENDATION:
That the Planning Commission recommend to the City Council adoption of Ordinance No.
amending various sections of Title 19, Zoning and Specific Plans, regulating fee-based check
cashing, deferred deposit, payday advance and similar businesses.
DISCUSSION:
This report discusses and the proposed ordinance, which:
o Sets forth the findings and need for regulating check cashing establishments,
o Defines check cashing as a particular land use which is distinguished from chartered financial
institutions consistent with the State Civil Code,
o Allows check cashing by Conditional Use Permit within four commercial zones,
o Establishes separation standards for new check cashing establishments from each other, and
from five types of sensitive uses, and
o Establishes base performance criteria to be applied as conditions for approvals of future check
cashing establishments.
Page 2, Item No.:
Meeting Date: 3/8/2006
Background
On April 26, 2005, the City Council adopted Urgency Ordinance 300 I-A prohibiting the permitting
or approval of any new or expanded check cashing, businesses, which enabled staff to study the
effects of these establishments and propose an appropriate ordinance for a 45-day period. On May
24th, the Council adopted Ordinance 3001-B, extending the period to 10 months and 15-days (see
Attachment 1, Urgency Ordinances 3001-A & 300l-B). The extension will expire in early April
2006.
Subsequent to the City Council's actions, several policy issues unique to the City of Chula Vista
arose in staff s analysis of the application of the regulations regarding check cashing businesses. On
October 12,2005, staff provided a report to the Planning Commission and requested direction on a
policy framework for an ordinance that would include: 1) determining zones where fee-based check
cashing, deferred deposit, payday advance and similar businesses would be allowed with a
conditional use permit; 2) exploring the potential for an amortization program; and 3) providing
performance standards in the ordinance.
On January 17,2006, staff provided the City Council with a status report, which summarized the
Planning Commission's position on the three policy framework issues. Following public testimony
and discussion, the Council directed staff to incorporate language into the ordinance in response to
the questions below, and not pursue an amortization program. Per that direction, the two policy
questions that need to be addressed in the draft ordinance are:
1. Which zones should the city continue to allow check cashing businesses?
2. What performance standards or requirements should be included in the ordinance?
Pursuant to Chula Vista Municipal Code Section 19.64.070, a use is considered to have ceased when
it has been discontinued either temporarily or permanently. Since amortization is no longer being
considered, attrition for existing check cashing uses would occur based upon nonconforming use
regulations following adoption of the ordinance.
Staff briefly met with industry representatives at their request to discuss the ordinance in general.
They indicated that they were not opposed to the concept of the ordinance and wanted to work with
the City of Chula Vista.
Analysis
Establishment and Definition of the Land Use Classification
The attached ordinance defines a "check casher" as a person or entity that, for compensation, engages
in whole or in part, in the business of cashing checks, warrants, drafts, money orders, or other
commercial paper serving the same purpose.
Page 3, Item No.:
Meeting Date: 3/8/2006
"Check casher" does not include state or federally chartered banks, savings associations, credit
unions, or industrial loan companies. "Check casher" also does not include a retail seller engaged
primarily in the business of selling consumer goods, including consumables, to retail buyers that
cashes checks or issue money orders for a nominal fee, as a service to its customers that is incidental
to its main purpose or business.
Full service banking institutions can be distinguished from the definition above. Charter bank
establishments, as used in this staff report and the proposed ordinance, include the familiar banking
institutions and credit unions, which meet federal standards and hold a charter. To a lesser extent,
industrial loan companies are also captured by this definition.
Adverse affects on the health, safety, and welfare
Both the on-site conditions associated with check cashing establishments and their location within
the community have potential adverse effects on the public health safety and welfare. Further, such
businesses may deter from meeting at least one economic development goal of the City's General
Plan. The proposed ordinance addresses all of these matters.
Some check cashing facilities are lacking in security measures when compared to charter banks. The
security personnel are often not certified. Surveillance cameras may be inadequate or non-existent.
Exterior lighting and other measures are not in place to protect patrons. In addition, such facilities
may operate with extended hours. Combined, these factors may facilitate the commission of crimes
at a greater rate than at charter banks.
The performance standards contained in the ordinance and discussed later in this report, specify
minimum security features to reduce the possibility of robberies in and around check cashing
businesses established in independent bui ldings, which are not part of a commercial or retail center.
The proposed performance standards would be applied as conditions of approval of any such facility.
In addition, the Conditional Use Permit process allows for additional conditions of approval as
needed to address design issues fostering security.
Finally, check cashing land uses may potentially conflict with the goals and objectives of the Land
Use Element of the General Plan. One such goal reads, "... it is the goal of the city to have a large
and diversified economic base while maintaining or increasing the existing sources of employment."
Another goal states, "Encourage the upgrading of older and/or marginal retail uses along Broadway
and Main Street including, as appropriate. the development of professional office and multi-family
residential." This etTort can be coordinated through a citywide economic development
strategy/marketing plan that identifies the city's existing economic base, the assets and constraints
for future growth, target industries or activities for future attraction, and geographic areas appropriate
for future use and development.
The proliferation of check cashing facilities would tend to hinder the revitalization on the western
part of Chula Vista. The existence of a number of check cashing facilities along Broadway and in
other shopping areas wi II tend to discourage some businesses that would provide a potential
Page 4, Item No.:
Meeting Date: 3/8/2006
economic benefit to the city. In addition, such activities would physically displace needed goods and
services by competing for scarce commercial property.
Requiring a Conditional Use Permit
The granting of a Conditional Use Permit authorize uses subject to specific conditions because of
unusual circumstances or characteristics of a particular use that requires special consideration in a
particular zone, as the use relates to other adjacent and surrounding uses, and the development of
community character and various elements of the General Plan. The Conditional Use Permit
requires specific findings necessary for the action. This provides for discretionary review on a case-
by-case basis.
The Conditional Use Permit process for check cashing businesses would provide needed regulatory
review of applications for these uses. Staff believes most adverse impacts that can be regulated by
land use controls can be mitigated through standard conditions of approval as written in the attached
proposed ordinance. The Zoning Administrator would be the appropriate decision maker for
conditional use permit applications for check cashers because the process is the same for other
administrative conditional use permits as described in Section 19.14.030 in the Chula Vista
Municipal Code. The administrative process allows for appeal to the Planning Commission and City
Council.
Appropriate Zones
Staff recommends that check cashing businesses be precluded from locating in the Broadway
corridor, which is predominantly zoned Thoroughfare Commercial (CT), and the Neighborhood
Commercial (CN) zone, which usually abut residential areas where sensitive uses including schools
and churches are established. In addition, the CT and CN zones largely coincide with redevelopment
project areas. Adult-oriented businesses, liquor stores, bars also impact these areas and other similar
land uses. By precluding check cashing businesses from the CT and CN zones, revitalization and
reinvestment in these target areas will be better facilitated.
Based on the forgoing discussion, staff recommends that the following zones be designated as zones
in which fee-based check cashing, deferred deposit, payday advance and similar businesses be
allowed with a conditional use permit:
1. C-O, (Administrative and Professional Office): This zone provides appropriate locations
where professional and administrative uses may be located. The regulations in this zone
are designed to promote a quiet and dignified environment for such uses.
2. C-B, (Central Business Zone): This zone is intended to stabilize, improve and protect the
commercial pedestrian characteristics ofthe central business area, and provides orderly
growth of new commercial development. This zone encourages all uses to be of a retail
commercial nature.
3. C-C, (Central Commercial 7one): This zone stabilizes, improves and protects the
Page 5, Item No.:
Meeting Date: 3/8/2006
commercial characteristics of major community business centers.
4. C- V, (Visitor Commercial Zone): This zone provides for locations appropriate for centers
providing for the needs of tourists and travelers that are established, maintained and
protected. The regulations in this zone encourage uses that are convenient for the
traveler.
The zones described above are appropriate for check cashing businesses because the zones have
established regulations to ensure these uses are held to high development and operational standards
in addition to specific conditions required for check cashing businesses by the Conditional Use
Permit process.
Proposed Performance Standards
Specific criteria or performance standards should be applied apply to check cashing businesses:
· Minimum distance between check cashing businesses
. Minimum distance to sensitive uses
· Performance standards to combat blight, increase security and
minimize adverse impacts
Staff recommends a minimum separation of 1 ,000 feet between check cashing establishments. This
provision will provide service areas for chartered financial institutions and limit the concentration of
check cashing businesses in any zone. This separation requirement will also allow for development
of other retail commercial uses. The following criteria and performance standards are incorporated
into the:
1. That each check cashing, deferred deposit, payday advance and similar businesses be located no
less than 1,000 feet from the nearest similar business within the City ofChula Vista.
2. That each check cashing business bc a minimum of 500 feet from the following uses:
a. Any school and place of worship.
b. State or federally chartered bank, savings association, credit union, or industrial loan
company.
c. Any establishment wherc children, youth and teens attend or congregate including, but
not limited to arcades, parks, malls, fun centers, etc.
d. Any establishment for the purpose of selling alcoholic beverages including beer, wine,
distilled spirits and hard liquor.
e. Any adult entertainment establishment as defined in the Municipal Code.
Page 6, Item No.:
Meeting Date: 3/8/2006
3. That each check cashing business meets the following conditions, which are included as standard
conditions of approval. Conditions may be amended or expanded by the Zoning Administrator
as they apply to individual locations and projects on a case-by-case basis:
a. A lighting plan designed to illuminate persons standing outside such that they can be
identified.
b. Storefronts with windows, and limited window signage.
c. Limitation of days and hours of operation limited to Monday through Saturday, 7:00 AM
to 7:00 PM, and discouragement of patron loitering.
d. Graffiti and litter removal.
e. No exterior pay telephones.
f. Security guards on site during business hours
CONCLUSION:
Based on an initial investigation and discussion with the City Council and the Planning Commission,
staff believes that the current land use policies regarding fee-based check cashing, deferred deposit,
payday advance and similar businesses are inadequate to address the effects of these uses on the
community. Concerns associated with these types of businesses include: 1) proliferation; 2) the lack
of minimum-security standards; and 3) the displacement/discouragement of other various and
desirable businesses. The proposed ordinance will provide the appropriate zones, a conditional use
permit process and performance standards that will enable the City to appropriately regulate these
uses.
Attachments
1. Urgency Ordinances 300l-A & 300l-B
2. Planning Commission Resolution PCA-05-02
3. Draft City Council Ordinance
4. Map of Existing Check Cashing, Deferred Deposit and Payday Advance businesses
ORDINmCE NO. 3001-A
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF C1IDLA VISTA PROIDBITING THE PERMITIING
OR APPROVAL OF ANY NEW OR EXPANDED FEE-BASED
CHECK CASHING AND DEFERRED DEPOSIT USES
WHEREAS, the City of Chula Vista ("City") has, in recent years, experienced a
proliferation" of businesses engaged primarily in the cashing of checks and/or deferring the
depositing of a customer's personal check until a specific date - both for a fee ("check
cashing/deferred deposit establishments"); and
WHEREAS, staff believes that the current land use policies regarding fee~based check
cashing/deferred deposit establishments are inadequate tQ address the effects of these uses on the
community; and
WHEREAS, cashing/deferred deposit establishments may decrease neighboring property
values; displace/discourage other desirable businesses, including full-service financial
institutions; and should be operated with. adequate security; and
WHEREAS, the Planning Commission, on January 26, 2005, recommended that the City
Council adopt a temporary moratorimp. on fee~based check cashing and deferred deposit
businesses until the land use impacts caused by a proliferation of such establishments can be
more thoroughly studied; and
WHEREAS, the Planning Commission was particularly concerned with the potential
interference with revitalization efforts of the City and Redevelopment Agency in Western Chula
Vista; and
WHEREAS, staff requires enough time. to conduct the required studies and develop
appropriate policy recommendations that address where, when, and under what conditions check
cashing/deferred deposit establishments would be compatible with surrounding land uses and
consistent with land use plans and policies, such as the General Plan, redevelopment area plans,
specific plans and the Broadway Revitalization Strategy; and
WHEREAS, individuals have recently expressed interest in establishing new or expanded
land uses involving fee-based check cashing or deferred deposits~ and
,"
WHEREAS, Govenunent Code Section 65858, allows the City Council to adopt an
interim zoning ordinance as an urgency measure to protect the public safety, health, and welfare
without following the procedures otherwise required preliminary to the adoption of a zoning
ordinance, if passed by a four-fifths vote; and
WHEREAS, the interim ordinance shall be of no further force and effect forty-five days
from the date of adoption thereof; provided however, that after the required notice and public
hearing the City Council may, by a four-fifths vote, extend the interim ordinance for an
additional ten months and fifteen days (with the option of an additional one-year extension) or
twenty-two months and fifteen days (with no extension); and
WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed
project for compliance with the California Environmental Quality Act and has determined that
, ,
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Ordinance 3001-A
Page 2
the project qualifies for a Class 8 categorical exemption (actions by regulatory agenc1es for
protection of the environment) pursuant to Section 15308 of the State CEQA Guidelines.
. Furthermore, it can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment. .
NOW, THEREFORE, the City Council of the City ofChula Vista does hereby ordain:
SECTION 1. Findings.
A. The City of Chula Vista has, in recent years, experienced a proliferation of check
cashing and deferred deposit businesses.
B. The City Council believes that the current land use policies regarding fee-based
check cashing and deferred deposit establishments are inadequate to address the effects of these
uses on the community.
C. Unchecked proliferation of check cashing or deferred deposit uses may displace
existing full-service financial institutions in generally lower income commercial areas. These
financial institutions may close or choose not to open where the market share is significantly
eroded. In addition, new full-service fmancia1 institutions and other desired commercial
development must compete with check cashing/deferred deposit establishments for the limited
commercial.space in each district Unchecked, this may result in a reduction or displacement of
needed goods and services.
D. Some check cashing and deferred deposit businesses lack adequate security
measures, especially when compared to banks. Security personnel (if present) are often not .
certified.. Surveillance cameras may be sub-par or non-existent. Exterior lighting and other
measures are not in place to protect patrons - even though they operate with extended hours.
Combined, these factors may facilitate the commission of crimes at a greater rate than at banks,
thereby necessitating a diff~rent set of land use controls.
SECTION 2. Findings of Urgency.
The immediate adoption of this ordinance is necessary to protect tl1e public safety, health,
and welfare in order to prevent the frustration of studies on these matters and the adoption of
adequate land use policies. The absence of this ordinance would perpetuate the negative impacts
caused by unregulated fee-based check cashing/deferred deposit uses and create a serious threat
to the orderly and effective implementation of any land use policies that would be adopted as a
result of the necessary studies.
SECTION 3. Prohibition of New Check Cashing or Deferred Deposit Uses.
A. The establishment or expansion of a fee-based checking cashing or deferred
deposit business/use shall be prohibited. No application, building permit, certificate of
occupancy, or entitlement for the establishment or expansion of check cashing or deferred
deposit business/use shall be accepted, processed, or approved while this ordinance is in effect.
B. "Check cashers" are entities in the business of cashing checks, warrants, drafts,
money orders, or other commercial paper. "Check cashers" are not state or federally chartered
banks, savings associations, credit unions, or industrial loan companies. They also do not
include retailers that cash checks or issue money orders (for a fee ofless than two dollars) as an
incidental service to its customers.
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Ordinance 300l-A
Page 3
C. "Deferred deposit businesses" are those businesses that defer depositing a
customer's personal check until a specific date, pursuant to a written agreement
SECTION 4. Effective Date.
This interim zoning ordinance is adopted under the provisions of Government Code
Section 65858 and shall take effect and be in full force immediately upon its passage by a
four-fifths vote of the City Council.
SECTION 5. Expiration Date.
This interim orclinance shall be of no further force and effect forty-five (45) days from
the date of adoption.
Presented by
Approved as to form by
[)~
s D. Sandoval
. g and Building Director
_.~
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AriTI Moore
City Attorney
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Ordinance 300l-A
Page 4
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 26th day of April, 2005, by the follo.......mg vote:
AYES:
Councilmembers:
Castaneda, Davis, Rindone and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Counci1members:
McCann
At~acUL
Stephen C. Padilla, Mayor
ATTEST:
~a'~'-~~
Susan Bigelow, MMC, City erk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3001-A was passed as an urgency measure on the 26th day of April, 2005.
Executed this 26th day of April, 2005.
~ tL.~~~
Susan Bigelow, M:MC, City C rk
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I i I
ORDINANCE NO. 3001-B
URGENCY ORDINANCE OF THE CITY OF CHULA VISTA
EXTENDING FOR TEN MONTHS AND FIFTEEN DA YS
URGENCY INT-ERlM ORDINANCE NO. 300 I-A,
PROHIBITING THE PERMITTING OR APPROVAL OF ANY
NEW OR EXPANDED FEE-BASED CHECK CASHING AND
DEFERRED DEPOSIT USES
WHEREAS, the City of Chula Vista (City) has, in recent years, experienced a
proliferation of businesses engaged primarily in the cashing of checks and/or deferring the
depositing a of customer's personal check until a spe.cific date - both for a fee (check
cashing/deferred deposit esta~lishments); and
WHEREAS. staff believes that the current land use policies regarding fee-based check
cashing/deferred deposit establishments are inadequate to address the effects of these uses on the
community; and
WHEREAS, cashing/deferred deposit establishments may decrease neighboring property
values; displace/discourage other desirable businesses - including full-service [mancial
institutions; and should be operated with adequate security; and
WHEREAS, the Planning Commission, on January 26.2005, recommended that the City
Council adopt a temporary moratorium on fee-based check cashing and deferred deposit
businesses until the land use impacts caused by a proliferation of such establishments can be
more thoroughly studied; and
WHEREAS. the Planning Commission was particularly concerned with the potential
interference with revitalization efforts of the City and RedevelopmentAgency in Western Chula
Vista; and
'. WHEREAS, staff requires enough time to conduct the required studies and develop
appropriate policy recommendations that address where, when, and under what conditions check
~ashing/deferred deposit establishments would be compatible with surrounding land uses and
consistent with land use plans and policies, such as the General Plan. redevelopment area plans,
specific plans and the Broadway Revitalization Strategy; and
WHEREAS, individuals have recently expressed interest in establishing new or expanded
land uses involving fee-based check cashing or deferred deposits; and
WHEREAS, Government Code Section 65858 allows the City Council to adopt an
interim zoning ordinance as an urgency measure to protect the public safety, health, and welfare
without following the procedures otherwise required preliminary to the adoption of a zoning
ordinance, if passed by a four-fifths vote~ and
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Qrdinance No. 3001-B
Page 2
WHEREAS, on April 26, 2005, the City Council adopted Urgency Ordinance No. 3001-
A prohibiting the permitting or approval of any new or expanded fee-based check cashing and
deferred deposit uses for forty-five days; and
WHEREAS, if the City needs additional time to conduct the required studies and develop
appropriate policy recommendations to alleviate the condition which led to the adoption of the
original Urgency Ordinance, Government Code Section 65858 allows the City Council to extend
said Ordinance for an additional ten (10) months and fifteen (15) days to protect the public
health, safety, and welfare, if passed by a four-fifths vote; and
WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed
project for compliance with the California Environmental Quality Act and has determined that
the project qualifies for a Class 8 categorical exemption (actions by regulatory agencies for
protection of the environment) pursuant to Section 15308 of the State CEQA Guidelines.
Furthermore, it can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby ordain:
SECTION 1. Findings.
A. The City of Chula Vista has, in recent years, experienced a proliferation of check cashing
and deferred deposit businesses.
B. The City Council believes that the current land use policies regarding fee-based check
cashing and deferred deposit establishments are inadequate to address the effects of these
uses on the community.
C. Unchecked proliferation of check cashing or deferred deposit uses may displace existing
full-service fmancial institutions in generally lower income commercial areas. These
fmancial institutions may close or choose not to open where the market share is
significantly eroded. In addition, new full-service financial institutions and other desired
commercial development must compete with check cashing/deferred deposit
establislunents for the limited commercial space in each district. Unchecked, this may
result in a reduction or displacement of needed goods and services.
D. Some Check cashing and deferred deposit businesses lack adequate security measures,
especially when compared to banks. Security personnel (if present) are often not
certified. Surveillance cameras may be sub-par or non-existent. Exterior lighting and
other measures are not in place to protect patrons - even though they operate with
extended hours. Combined, these factors may facilitate the commission of crimes at a
greater rate than at banks, thereby necessitating a different set ofland use controls.
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Ordinance No. 3001-B
Page 3
E. Additional time is needed in order to complete the studies and prepare. the
recommendation on check cashing and deferred deposit uses, which were contemplated
in the original Urgency Ordinance.
F. The City Council will not have the ability to make an informed decision regarding the
approval or pennitting of check cashing or deferred deposit businesses until staff has
completed the necessary studies.
SECTION 2. Findings of Urgency
The immediate adoption of this ordinance is necessary to protect the public safety, health, and
welfare in order to prevent the frustration of studies on these matters and the adoption of
adequate land use policies. The absence of this ordinance would perpetuate the negative impacts
caused by unregulated fee-based check cashing/deferred deposit uses and create a serious threat
to the orderly and effective implementation of any land use policies that would be adopted as a
result of the necessary studies.
SECTION 3. Prohibition of New Check Cashing or Deferred Deposit Uses.
A. The establishment or expansion of a fee-based checking cashing or deferred deposit
business/use shall be prohibited. No application, building permit, certificate of
occupanc~ or entitlement for the establishment or expansion of check cashing or
deferred degosit business/use shall be accepted, processed, or approved while this
Ordinance is m effect.
. .,:"=': ;... ...~- .'
B. "Check cashers" are entities in the business of cashing checks, warrants, dIafts, money
orders, or other commercial paper. "Check..cashers" are not state or federally chartered
banks, savings associations, credit unions, or industrial loan companies. They also do not
include retailers that cash checks or issue money orders (for a fee of less than two dollars)
as an incidental service to its customers.
C. "Deferred deposit businesses" are those businesses that defer depositing a customer's
personal check until a specific date, pursuant to a written agreement.
SECTION 4. Effective Date.
This urgency ordinance is adopted under the provisions of Government Code Section 65858 and
shall take effect and be in full force immediately upon its passage by a four-fifths vote of the
City Council.
SECTION 5. Expiration_Date.
This urgency ordinance shall extend the effective date of Urgency Ordinance No. 3001-A,
adopted on April 26, 2005, fo~ a period of ten (10) months and fifteen (15) days and thereafter
shall be of no further force and effect.
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Ordinance No. 3001-B
Page 4
Presented by
Approved as to form by
(^_ --(\1-. ~ 9-
Ann oore .
City Attorney
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Ordinance No. 3001-B
Pagc 5
PASSED, APPROVED, and ADOPTED by the City COUDdl of the City ofChula Vista.,
California, this 24 day of May. 2005, by the following vote:
AYES:
Councilmembers:
Castaneda, Davis, McCann, Rindone and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmernbers:
None
ATTEST: .
~~~~a~
Susan Bigelow, MMC, City CI k .
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista,. California, do hereby certify that the foregoing
Ordinance No. 300l-B was passed as an urgency measure on the 24th day of May, 2005.
Executed this 24 day of May, 2005.
~~~~~
Susan Bigelow, MMC, City C]e
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RESOLUTION NO. PCA-05-02
RESOLUTION OF THE CITY OF CHULA VIST A PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT
AN ORDINANCE AMENDING VARIOUS SECTIONS OF TITLE 19,
ZONING AND SPECIFIC PLANS, OF THE CITY OF CHULA VISTA TO
ADD A NEW USE CLASSIFICATION AND AMEND RELATED CODE
SECTIONS TO REGULATE FEE-BASED CHECK CASHING, DEFERRED
DEPOSIT, P A YDA Y ADVANCE AND SIMILAR BUSINESSES AND
LIMITING WHERE SUCH ACTIVITES MAY BE PERMITTED
WHEREAS, between 2000 and 2005, there has been an acceleration in the number of
fee-based check cashing, deferred deposit, payday advance and similar businesses locating in
the City of Chula Vista such that there are between 20 and 25 in the City of Chula Vista,
most of which are concentrated along the Broadway corridor, and all of which are located
west of the 1-805 freeway; and
WHEREAS, the continued establishment of fee-based check cashing, deferred
deposit, payday advance and similar businesses in any and all locations where financial
service uses are permitted without adequate review may result in displacement and
availability of full service banking institutions creating a cycle of indebtedness and financial
vulnerability for low-income citizens; and
WHEREAS, the uncontrolled establishm~nt of fee-based check cashing, deferred
deposit, payday advance and similar businesses in any and all locations where financial
service uses are permitted may result in an over-saturation of these businesses near schools,
churches, and displace - needed goods and services providers from commercial districts; and
WHEREAS, approximately twenty-eight percent of consumers without a traditional
checking account cash their checks primarily at check cashing institutions; and
WHEREAS, the City has completed a review of the regulatory mechanisms available
to regulate subject businesses with the goal of adopting permanent changes to Municipal
Code Title 19, Planning and Specific Plans, including changes intended to protect the public
health, safety, and welfare from the negative effects of subject businesses; and
WHEREAS, issuance or approval of any building, planning, or business license for
fee-based check cashing, deferred deposit, payday advance and similar businesses (newly
instituted, modified, or expanded) without a Conditional Use Permit in certain zoning
districts would result in negative impacts to the community in which it is located in; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
project for compliance with the California Environmental Quality Act and has determined
that the project qualifies for a Class 8 categorical exemption pursuant to Section 15308 of the
State CEQA Guidelines. Furthermore, it can be seen with certainty that there is no
Page 2
possibility that the activity in question may have a significant effect on the environment.
Therefore, no environmental review is required; and .
WHEREAS, the Planning Commission set the time and place for a hearing on said
amendment and notice of said hearing, together with its purpose, was given by its publication
in a newspaper of general circulation in the City as least ten days prior to the hearing, and,
WHEREAS, the hearing was held at the time and place as advertised, namely March
8, 2006, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed.
WHEREAS, after considering all reports, evidence, and testimony presented at said
public hearing with respect to the Check Cashing Ordinance, the Planning Commission voted
recommending adoption of the Check Cashing Ordinance PCA-05-02; and
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
does hereby recommend that the City Council adopt the attached proposed Check Cashing
Ordinance and adopt the attached Resolution PCA-05-02 in accordance with the findings and
subject to the conditions contained therein.
PASSED AND APPROVED BY THE PLANNING COMMISION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 8th day of March, 2006, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Vicki Madrid, Chair
Diana Vargas
Secretary to Planning Commission
ORDINANCE No.
AN ORDINANCE AMENDING VARIOUS SECTIONS OF
TITLE 19, ZONING AND SPECIFIC PLANS, OF THE CITY
OF CHULA VISTA TO ADD A NEW USE
CLASSIFICATION AND AMEND RELATED CODE
SECTIONS TO REGULATE FEE-BASED CHECK
CASHING, DEFERRED DEPOSIT, PAYDAY ADVANCE
AND SIMILAR BUSINESSES AND LIMITING WHERE
SUCH ACTIVITES MAY BE PERMITTED
WHEREAS, between 2000 and 2005, there has been an acceleration in the number of
fee-based check cashing, deferred deposit, payday advance and similar businesses locating in the
City of Chula Vista such that there are between 20 and 25 in the City of Chula Vista, most of
which are concentrated along the Broadway corridor, and all of which are located west of the 1-
805 freeway; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act and has determined that the
project qualifies for a Class 8 categorical exemption pursuant to Section 15308 of the State
CEQA Guidelines. Furthermore, it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment. Therefore, no
environmental review is required; and
WHEREAS, approximately twenty-eight percent of consumers without a traditional
checking account cash their checks primarily at check cashing institutions; and
WHEREAS, the continued establishment of fee-based check cashing, deferred deposit,
payday advance and similar businesses in any and all locations where financial service uses are
permitted without adequate review may result in displacement and availability of full service
banking institutions creating a cycle of indebtedness and financial vulnerability for low-income
citizens; and
WHEREAS, the uncontrolled establishment of fee-based check cashing, deferred
deposit, payday advance and similar businesses in any and all locations where financial service
uses are permitted may result in an over-saturation of these businesses near schools, churches,
and displace - needed goods and services providers from commercial districts; and
WHEREAS, on April 26, 2005, the City Council adopted Urgency Ordinance No. 3001-
A, imposing a 45-day moratorium on new or expanded check cashing and deferred deposit
activities; and
WHEREAS, on May 24, 2005, the Chula Vista City Council adopted Ordinance No.
3001-B, as an interim emergency ordinance to fee-based check cashing, deferred deposit, payday
advance and similar businesses while a study was undertaken to develop permanent controls for
an additional 10 months and 15 days effective from that date; and
Ordinance No.
Page No.2
WHEREAS, the City has completed a review of the regulatory mechanisms available to
regulate subject businesses with the goal of adopting permanent changes to Municipal Code Title
19, Planning and Specific Plans, including changes intended to protect the public health, safety,
and welfare from the negative effects of subject businesses; and
WHEREAS, issuance or approval of any building, planning, or business license for fee-
based check cashing, deferred deposit, payday advance and similar businesses (newly instituted,
modified, or expanded) without a Conditional Use Permit in certain zoning districts would result
in negative impacts to the community in which it is located in; and
WHEREAS, the Chula Vista Planning Commission conducted a duly noticed public
hearing on March 8, 2006; and
WHEREAS, after the close of the public hearing, the Chula Vista Planning Commission
recommended the adoption of this ordinance by the City Council for amendments to various
sections of Municipal Code Title 19, Zoning and Specific Plans, to regulate fee-based check
cashing, deferred deposit, payday advance and similar businesses; and
WHEREAS, the City Council subsequently conducted a duly noticed public hearing on
March 21, 2006.
Now, Therefore, the City Council of the City of Chula Vista does find, determine
and ordain as follows:
SECTION I: The City Council finds and determines the forgoing recitals to be true and
correct and hereby makes them a part of this ordinance.
SECTION II: The City Council finds and determines, that the adoption of this
Ordinance is exempt from CEQA under Sections 15308 of the State CEQA Guidelines and
authorizes the filing of a Notice of Exemption with the San Diego County Clerk.
SECTION III: Section 19.04.049 defining "Check Cashing, Deferred Deposit and
Payday Advance and Similar Businesses" is added to Title 19, Zoning and Specific Plans, to read
as follows:
Definition Chapter 19.04, Section 19.04.049: Check cashing, Deferred deposit, Payday
Advance and similar business activities are defined as:
As used in this title, a "check casher" means a person or entity that, for compensation,
engages in whole or in part, in the business of cashing checks, warrants, drafts, money
orders, or other commercial paper serving the same purpose.
"Check casher" does not include state or federally chartered banks, savings associations,
credit unions, or industrial loan companies. "Check casher" also does not include a retail
seller engaged primarily in the business of selling consumer goods, including
consumables, to retail buyers that cashes checks or issue money orders for a nominal fee,
as a service to its customers that is incidental to its main purpose or business.
Ordinance No.
Page No.3
SECTION IV: The following sections of Title 19, Zoning Ordinance and Specific
Plans, are amended to add, "Check cashing", "Deferred deposit", "Payday Advance" and similar
business activities as conditionally permitted activities:
19.33.040 (C-O, Administrative and Professional Office Zone)
19.32.030 (CB, Central Business Zone)
19.36.030 (CC, Central Commercial Zone)
19.38.030 (C-V, Visitor Commercial Zone)
SECTION V: Section 19.58.425 is added to Title 19, Zoning and Specific Plans, to read
as follows:
19.58.425 Regulations applying to "Check Casher", "Deferred deposit", "Payday
Advance" and similar businesses activities:
A. A conditional use permit for any conditionally permitted Check Cashing, Deferred
Deposit, Payday Advance and similar business activity as defined in Section
19.04.049 of Title 19, Zoning Ordinance and Specific Plans, may only be granted
upon determination that the proposal conforms to the general use permit criteria set
forth in the conditional use permit procedure in Chapter 19.14, to any and all
applicable use permit criteria set forth in the particular individual zone regulations,
and to all ofthe following performance standards:
1. That each check cashing, deferred deposit, payday advance and similar business
activities shall be located a minimum of 1,000 feet from the nearest check
cashing, deferred deposit, payday advance and similar business activities within
the City of Chula Vista. This distance shall be measured from the nearest
property line between said businesses.
2. That each check cashing, deferred deposit, payday advance and similar business
activities shall be a minimum of 500 feet from the following activities, which on
the date of an application for check cashing, deferred deposit, payday advance and
similar business activities, had a vested right under California Law to operate:
a. Schools, public and private (excluding business, professional, technical, and
vocational);
b. State or federally chartered bank, savings association, credit union, or industrial
loan company;
c. Any establishment where children, youth and teens attend or congregate
including, but not limited to arcades, parks, malls, fun centers, etc;
Ordinance No.
Page No.4
d. Businesses where the sale of alcoholic beverages is the primary use; and
e. Any Adult-oriented Recreation Business, as defined in Section 19.58.024.
3. That each fee-based check cashing, deferred deposit, payday advance and similar
businesses meet the following performance standards, and that these performance
standards are included as standard conditions of approval. These performance
standards may be amended or expanded by the Zoning Administrator and/or the
Planning Commission as they are applied to individual locations and projects:
a. A lighting plan shall be submitted for review and approval 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 violate Chapter 19.66.
b. Storefronts shall have glass or transparent glazing in the windows and doors.
Signs, banners, or opaque coverings of any kind shall cover no more than 10%
of any window, a minimum of six (6') feet measured from the ground up, or
door area so that law enforcement personnel will have clear view of the entire
public area in the premises from the public sidewalk.
c. Days and hours of operation shall be between 7:00 a.m. and 9:00 p.m. Monday
through Saturday. Patrons shall be discouraged from loitering prior to, during
and/or after hours. At least one no loitering sign with letters at least two inches
(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, to the
satisfaction of the Chief of Police.
d. Graffiti shall be removed from the premises of independent buildings for check
cashing, deferred deposit, payday advance and similar business activities
within 72 hours from the time first discovered or reported by any member of
the public and lor employee of said business.
e. Exterior pay telephones shall not be installed in front independent buildings for
check cashing, deferred deposit, payday advance and similar business
activities.
f. Litter shall be removed at least two times daily or as needed from in front of
and for twenty feet beyond independent buildings along adjacent street(s).
g. The applicant/operator 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
Ordinance No.
Page No.5
such as lobbies. Evidence of a contract with a security service provider shall be
submitted for review and approval by the Director of Planning and Building
prior to occupancy.
SECTION VI: If any section, subsection, phrase, word or provision of this ordinance or
the application thereof to any person or circumstances is held invalid by a court of competent
jurisdiction, the remainder of this ordinance and the application of such provisions to other
persons or circumstances shall not be affected thereby.
SECTION VII: Urgency Ordinances 300l-1A and 3001-1B are hereby no longer in
effect as of the effective date of this ordinance, as established in Section VIII, below.
SECTION VIII: This ordinance shall take effect and be in full force the 30th day from
its adoption.
Ordinance No.
Presented by
Approved as to form by
Jim Sandoval
Director of Planning and Building
Ann Moore
City Attorney
Page No.6