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Home My Public Portal About09-1419ORDINANCE NO. 09-1419 AN ORDINANCE OF THE CITY OF CARSON, CALIFORNIA, TO AMEND THE CARSON MUNICIPAL CODE BY ADDING ARTICLE IX (PLANNING AND ZONING), CHAPTER 1, PART 9, SECTION 9191.084, SECTION 9191.176, SECTION 9191.456, AND SECTION 9182.28, AND AMENDING SECTION 9131.1, SECTION 9138.17, SECTION 9138.18, SECTION 9141.1, AND SECTION 9182.22 IN REGARDS TO CONDITIONAL USE PERMIT REQUIREMENTS FOR PAYDAY LOAN ESTABLISHMENTS WHEREAS, on December 31, 2004, regulatory responsibility for deferred deposit originators (also referred to as payday loans), transferred from the Department of Justice to the Department of Corporations with the adoption of the California Deferred Deposit Transition Law (Financial Code Section 23000 et. seq.); and WHEREAS, on January 1, 2005, the State of California defined the term "check cashing" to only include services such as processing checks for a fixed fee, warrants, drafts, money orders, or other commercial paper serving the same purpose. The service of "check cashing" does not include any type of deferred deposit or short-term loan; and WHEREAS, public concerns for payday loan facilities and their predatory lending practices brought on concerns for the unregulated use within the city; and WHEREAS, to prevent over - concentration of payday loans and predatory lending practices from threatening the general welfare, the Planning Commission requested that an ordinance requiring conditional use permits for payday loans be prepared. NOW, THEREFORE, THE CITY OF CARSON, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That the City Council, exercising their independent judgment, fords that the proposed code amendment is exempt from the California Environmental Quality Act (CEQA) Guidelines per Section 15061(b)(3), which exempts projects where it can be positively determined that the activity does not have the potential to cause a significant effect on the environment. The City Council determines that the proposed Code Amendment will not impact the environment. Section 2. Article IX Chapter 1, Part 9, Section 9191.084, Section 9191.456, and Section 9191.176 is hereby added, in its entirety, as follows (additions are in italics and underlined): "Section 9191.084 Check Cashing or Check Cashing Business. Shall mean any business or type of service that is required to obtain a `Check Casher Permit' from the 01007/00012/56913.01 ORDINANCE NO. 09 -1419 PAGE 2 OF 9 Attorney General's Department of Justice and/or provides services which include the acts of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose for compensation. Check cashing does not include any form of deferred deposit, payday loam, or short -term lending. Section 9191.176 Deferred Deposit or Deferred Deposit Originator. Shall mean Lany business or type of service that is required to obtain a 'Deferred Deposit Originator icense' from the California Department of Corporations and provides services such as a transaction whereby a person defers depositing a customer's personal check until a specific date, pursuant to a written agreement for a fee or other charge. Also includes any type of short -term lending. Section 9191.456 Payday Loan. See Deferred Deposit." Section 3. Article IX, Chapter 1, Part 3, Division 1, Section 9131.1 of the Carson Municipal Code entitled "Uses Permitted" under sub - heading "Offices" is hereby amended (amendments are in italics and underlined): "Division 1. Uses Permitted § 9131.1 Uses Permitted. Uses are permitted in the commercial zones as indicated in the following table: USES PERMITTED IN COMMERCIAL ZONES Legend X. Automatically permitted use. L. Automatically permitted use provided special limitations and requirements are satisfied as noted herein or in Division 8 of this Part. D. Use permitted subject to the approval of the Director. LD. Use permitted provided special limitations and requirements are satisfied as noted herein, in Division 8 of this Part and in Division 8 of Part 2, and subject to the approval of the Director. C. Use permitted upon approval of a conditional use permit. CC. Use permitted upon approval of the City Council as prescribed, under other provisions of the Carson Municipal Code. 01007/0001/56913.01 [MORE] i ORDINANCE NO. 09 -1419 PAGE 3 OF 9 All commercial uses permitted by this Part shall be subject to the requirements contained in CMC 9172.23, Site Plan And Design Review, except temporary uses (See CMC 9131.1). (Ord. 84 -704) ZONES CN CR CG CA MU -CS MU -SB Offices: Business, professional, financial, insurance, real estate, utility payments, telegraph, telephone answering service, messenger service, advertising, newspaper or publishing (no printing), ticket agency, travel agency, employment agency, collection agency, detective agency, security service, bail bondsman, check cashing. (See CMC 9138.17 and 9138.18) X X X L L Payday loans (See CMC Section 9182.28). C C C Drive through banks X X X Wholesale business, manufacturer's agent, broker (no storage or deliveries other than samples). L L L X" 01007/0001/56913.01 [MORE] ORDINANCE NO. 09 -1419 PAGE 4 OF 9 Section 4. Article IX, Chapter 1, Part 3, Division 8, Section 9138.17(1) of the Carson Municipal Code entitled "Mixed Use — Carson Street (MU -CS)" under "Prohibited Uses" is hereby amended, as follows (amendments are in italics and underlined): 1. Prohibited Uses. a. Any use not fully enclosed in a building. b. Dismantling of vehicles or the storage of vehicles for parts. c. Outside storage. d. Arcade. e. Massage parlor f. Drive - through restaurants. g. Bowling alley as a primary use. h. Driving skills course. i. Indoor mini -mart or auction house. j. Public assembly uses, including but not limited to churches, temples or other places of religious worship, not associated with recreational areas designated for exclusive use of permitted residential uses. k. Sexually oriented business establishments. 1. Vehicle sales and service. m. Payday loans (See CMC Section 9182.28). m. n. All uses are prohibited except as expressly permitted by the provisions of this Section. Section 5. Article IX, Chapter 1, Part 3, Division 8, Section 9138.18(C)(2) of the Carson Municipal Code entitled "Mixed Use — Sepulveda boulevard (MU -SB)" under "Prohibited Uses" (additions are in italics and underlined): a. Any use not fully enclosed in a building. b. Dismantling of vehicles or the storage of vehicles for parts. c. Outside storage. d. Arcade. e. Massage parlor f. Tattoo parlor g. Drive - through restaurants and drive- through pharmacies. h. Bowling alley, as a primary use. i. Driving skills course. j. Indoor mini -mart or auction house. k. Night clubs 1. Public assembly uses, including but not limited to churches, temples or other places of religious worship, not associated with recreational areas designated for exclusive use of permitted residential uses. 01007/0001/56913.01 [MORE] ORDINANCE NO. 09 -1419 PAGE 5 OF 9 m. Sexually oriented business establishments. n. Vehicle sales and service. o. Payday loans op All uses are prohibited except as expressly permitted by the provision of this Section. Section 6. Article IX, Chapter 1, Part 4, Section 9141.1 of the Carson Municipal Code entitled "Uses Permitted" under sub - heading "Uses Permitted in Commercial Zones ". Additions are after "Adult businesses" and before "Massage service" is hereby amended, as follows (additions are in italics and underlined): Section 7. Article IX, Chapter 1, Part 8, Division 2, Section 9182.22 of the Carson Municipal Code entitled "Termination of Existing Nonconforming Use" is hereby amended as follows (additions are in italics and underlined): "Section 9182.22 Termination of Existing Nonconforming Use. A lawfully established use which becomes a nonconforming use, including any buildings, structures or facilities designed or intended only for uses which are nonconforming, shall be terminated and such buildings, structures or facilities shall be removed or made conforming in all respects within the time period specified in subsection A or B of this Section, whichever is applicable and results in the later termination date. A. The time period indicated in the following table measured from the date of becoming a non conforming use: Use "ZONES ML Mil Uses Permitted in Commercial Zones: Retail services and offices: Payday loans CUP CUP " Section 7. Article IX, Chapter 1, Part 8, Division 2, Section 9182.22 of the Carson Municipal Code entitled "Termination of Existing Nonconforming Use" is hereby amended as follows (additions are in italics and underlined): "Section 9182.22 Termination of Existing Nonconforming Use. A lawfully established use which becomes a nonconforming use, including any buildings, structures or facilities designed or intended only for uses which are nonconforming, shall be terminated and such buildings, structures or facilities shall be removed or made conforming in all respects within the time period specified in subsection A or B of this Section, whichever is applicable and results in the later termination date. A. The time period indicated in the following table measured from the date of becoming a non conforming use: Use Allowable Life Use of land without buildings or structures. 1 year 01007/0001/56913.01 [MORE] ORDINANCE NO. 09 -1419 PAGE 6 OF 9 Use involving only buildings or structures which would not require a building permit to replace such buildings or structures (but not including a mobile home park). 3 years Mobile home park; mobile homes on individual lots. 35 years Use involving buildings or structures which would require a building permit to replace such buildings or structures. 20 years Outdoor advertising use. 5 years Trailer parks 20 years Producing oil wells, oils storage tanks. 20 years Sale of convenience goods at automobile service stations within 300 feet of any school. 20 years Arcades 5 years Existing indoor mini -marts, auction house. 10 months Truck - related uses efined in CMC 9148.8 which require a conditional use permit. 1 year Cargo Container Storage; provided, however, that effective February 5, 1988: (1) No cargo container storage shall be permitted within fifty (50) feet of any residentially zoned property which involves any stacking more than one (1) container high; (2) No cargo container storage shall be permitted within one hundred (100) feet of any residentially zoned property which involves any stacking more than two (2) containers high; and (3) In no event shall any cargo container storage be permitted on any site which involves any stacking more than three (3) containers high. 6 months d 01007/0001/56913.01 [MORE] Existing food/grocery stores in residential zones. ORDINANCE NO. 09 -1419 PAGE 7 OF 9 Multiple - family residential uses located within a Mixed -Use (MU) District with ten (10) or more units (except existing mobile home parks), subject to CMC 9182.24. Expires December 31, 2003 2 years Adult Business Massage service. 5 years Tattoo service Wireless telecommunications facility, transmitter, receiver or repeater station — radio, television, microwave. Second dwelling unit. 1 year 1 year 5 years Vehicle repair and service located within the Commercial, Regional (CR) Zone, the Mixed -Use Residential (MUR) Overlay District and properties in all zones within one hundred (100) feet of residential zones, subject to CMC 9182.26. 5 years 5 years Truck yard. 1 year Alcoholic and Beverage Control (ABC) License, on -sale and off -sale only (subject to the requirements of 9138.5) 3 years Alcoholic and Beverage Control (ABC) License, on -sale and off -sale only with a conditional use permit shall be subject to the requirements of 9138.5 1 year Transient Hotels, motels with a conditional use permit shall be subject to the requirements of 9138.19 1 year Payday loans 3 years" 01007/0001/56913.01 [MORE] ORDINANCE NO. 09 -1419 PAGE 8 OF 9 Section 8. Article IX, Chapter 1, Part 8, Division 2, Section 9182.28 of the Carson Municipal Code entitled "Payday Loans" under heading "Site Nonconformities" is hereby added as follows (additions are in italics and underlined): "9182.28 Payday Loans A. Existing lawfully established payday loan facilities as of April 7, 2009 may continue to operate without complying with the conditional use permit requirements of CMC 9172.21." Section 9. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, clauses, phrases or portions be declared invalid. Section 10. The City Clerk shall certify to the passage of this ordinance and cause it to be posted in three conspicuous places in the city of Carson, and it shall take effect on the thirty - first (31) day after it is approved by the Mayor. PASSED, APPROVED, and ADOPTED this 1- day of , 2009. ATTEST: Helen S. Kawagoe, C ty Clerk APPROVED AS TO FORM: City Attorney 01007/0001/56913.01 [MORE STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF CARSON ORDINANCE NO. 09 -1419 ss. PAGE9OF9 I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing ordinance, being Ordinance No. 09 -1419 passed first reading on April 7, 2009, was duly and regularly adopted by the City Council of said City at a regular meeting of said Council, held on the 21st day of April, 2009, and that the same was passed and adopted by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: 01007/0001/56913.01 COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Mayor Dear, Davis - Holmes, Santarina, Gipson and Ruiz -Raber None None None City Clerk, City of Carson, a fornla