Item 10 - Berkeley, California · 10/15/2014 · Payday loan borrowers often cannot afford to open a checking account, or do not have sufficient resources to take out a line of credit

Item 10 October 15, 2014

Planning and Development Department Land Use Planning Division

2120 Milvia Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.6903 Fax: 510.981.7420 E-mail: [email protected]

STAFF REPORT DATE: October 15, 2014 TO: Members of the Planning Commission FROM: Alex Amoroso, Principal Planner Nicole Montojo, Planning Intern SUBJECT: City Council Referral: Regulation of Check Cashing Stores Introduction On April 30, 2013, the City Council referred to the Planning Commission a request to consider and draft regulations to restrict new check cashing stores in Berkeley (Attachment 1). This staff report describes the referral, provides background information and materials on check cashing and related business services. In addition, the report suggests a path for the Commission to consider in directing staff. Background Overview of the Referral The goal of the CC referral is to restrict the proliferation of new check cashing stores in Berkeley. The following referral excerpt describes the Council concerns:

Payday loans, which are secured using a personal check, have short repayment periods and very high fees. Payday loan borrowers often cannot afford to open a checking account, or do not have sufficient resources to take out a line of credit or receive a bank loan; therefore, they are forced to rely on short term loans. Payday loans encourage chronic, repeat borrowing because borrowers often lack sufficient income to both repay the loan and meet living expenses. An estimated 91 percent of payday loans are taken out by previous borrowers, showing the cyclical financial dependency. These loans have a disproportionate impact on low-income borrowers and need more regulation. Payday lenders are disproportionately concentrated in predominately African-American and Latino neighborhoods. They are also more prevalent in communities where low and very low-income families live. In California, nearly half of borrowers take out payday loans at least once a month, and more than one third have taken out loans from multiple payday lenders simultaneously.

Check Cashing Stores Item 10 October 15, 2014

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The Referral directs the Commission to consider the following regulatory approaches:

1. Amending the definition of “Financial Services, Retail” in the Zoning Ordinance (23F.04.010) by striking references to “check cashing stores” and also establishing a new definition and use category in the ordinance for “check cashing stores/payday lenders.”

2. Prohibiting new check cashing stores in all commercial zones or increasing the level of discretion required for zoning permits for new check cashing stores to a Use Permit/Public Hearing in all commercial zones.

3. Adoption of a model similar to the City of San Jose, which hinges upon a cap of no more than 39 payday lending establishments in the city and distance buffers. The San Jose ordinance establishes a buffer of 1,320 feet from a parcel with another payday lending business, as well as 1,320 feet from the boundary of a very low income census tract (with a median household income that is 50 percent or less than the Area Median Income), as identified by the most recently available American Community Survey data.

Current Regulation Check cashing stores are allowed in most commercial districts in Berkeley. Opening a new check cashing business requires discretionary review. Check cashing stores are identified in the Uses Allowed tables as “Financial Services, Retail” and defined as follows:

An office, open to the public, offering teller or counter financial services including either cash, checking and/or savings account transactions or some combination thereof, including, but is not limited to, banks, check cashing stores, savings and loans and credit unions offering such services at that location.

As detailed in the table below, check cashing stores or other lending institutions are regulated differently in different zoning districts; however, no district currently has an outright prohibition on new check cashing stores.

Zoning District Permit Required Special Conditions R- Districts Retail not permitted in any

residential district; check cashing stores not allowed

C-1 AUP C-N Use Permit/Public Hearing C-E Use Permit/Public Hearing C-NS Use Permit/Public Hearing C-SA Use Permit/Public Hearing Check Cashing Stores specifically

categorized and regulated separately from banks (banks require a ZC)

C-T AUP C-SO Use Permit/Public Hearing C-W AUP C-DMU ZC/AUP Under 7,500 s.f. = ZC; over 7,500 s.f. = AUP;

within Addison District Overlay = AUP


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Locations of existing check cashing stores in Berkeley Three check cashing stores currently exist in the City of Berkeley and are mapped in Attachment 2. They are: California Check Cashing Stores, LLC 3276 Adeline Street Check Center 2005 San Pablo Avenue No Hassle Check Cashing, Inc. 2800 San Pablo Avenue Necessary Actions to Address the Referral:

1. Redefine check cashing stores to separate them from the list of other financial institutions.

2. Identify and define any other business types that have similar loaning practices, such as car title loans businesses.

3. Decide within which zoning districts and at what level of discretion these uses might be allowed.

4. Identify any other measures for control, such as distance buffers from each other.

Discussion Defining the “Issue(s)” A review of the literature shows a diversity of opinions regarding non-banking services such as check cashing, payday, and auto equity loans. Some resources suggest that these businesses perform a necessary service where typical banking services are not available to low income residents. Other articles suggest that these business practices and products trap low income residents in high cost loans, with dire outcomes. Several of these articles are linked to at the end of this Staff Report. The primary concerns raised about these businesses include:

the cost of loans (interest rates and fees) which typically reach into the triple digits (200-400% or higher APRs);

the lack of transparency of the loan businesses compared to banking industry standards, often affecting consumers ability to understand the potential outcomes and pitfalls of the loans;

the proliferation of these companies and products with unclear regulation and oversight from government agencies.

The California Department of Business Oversight is the Agency tasked with tracking and regulating these businesses. Authorization of the various business types, rates of return (interest rates), fees, and other regulations are addressed at the State level. Referral Approach The Referral takes a Zoning Ordinance approach to the control of these businesses. The first step is to define and sort the uses. All of the financial institutions in the City’s current definition are treated in the same manner based on the common definition, even though they service a wide range of products and customer bases, and are beholden to different sets of State regulations. The range of businesses (banks to check cashing stores) and business practices under the same definition make it not possible to regulate certain of these businesses in a different manner than others.


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Second, it suggests four types of zoning constraints:

ban or cap on the number of these businesses in all commercial districts; increase discretion for permitting of these businesses to a Use Permit/Public

Hearing in all commercial districts; limit these business types in the community and not concentrate them in a

particular area; create distance requirements between them; buffer them from assumed “sensitive receptors,” such as schools, parks,

churches, adult uses or liquor stores. The assumption is that these businesses are bad for the community, and in fact are a negative on the whole. In particular, the Referral focuses on check cashing businesses and does not reflect on the other, fast growing products, noted earlier in this Staff Report. Assessment of this Approach The purview of the Planning Commission is focused to the Zoning Ordinance, so the Referral approach matches well with that mission. Many of the other loan related issues such as interest rates, transparency, and development of better, more cost effective products, are important topics. However, they are not within the purview of the Commission, since the regulatory framework is set by the State agencies. The Referral approach is to regulate the proliferation of these businesses within the City. This can serve as a “stop-gap” measure until the State regulations catch up to the range of businesses, interest rates and other issues, which are not resolvable at a local level. Staff poses a series of questions, with additional information to prompt Commission discussion.

1. Should the City of Berkeley adopt a definition and regulation for all types of non-chartered lending institutions, such as car title loan establishments, rather than only check cashing stores?

Other California jurisdictions have approached this issue in a number of ways. In 2013, The City of Long Beach amended its Zoning Ordinance (Attachment 3) to update the definition and regulation of check cashing, and to include definitions and regulations for car title loans, pay day loans, consumer loans, and commercial loans. The city defined check cashing as “a commercial land use that generally includes some or all of a variety of financial services including cashing of checks, warrants, drafts, or other commercial paper serving the same purpose.” A car title loan is defined as “a short-term loan in which the borrower's car title is used as collateral.”

The City of San Francisco has adopted a broad definition for the term “fringe financial services,” which encompasses check cashing businesses. Its Zoning Ordinance states that “a ‘fringe financial service’ shall mean a retail use that provides banking services and products to the public and is owned or operated by a ‘check casher’ as defined in California Civil Code section 1789.31, as amended from time to time, or by a ‘licensee’ as defined in California Financial Code section 23001(d), as amended from time to


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time.” Staff spoke to a Zoning Administrator, in San Francisco’s Planning Department, and learned that “fringe financial services” does not, however, include car title loan businesses. The City of San Jose bases its zoning regulations (Attachment 4) on the definition of “payday lending establishments,” which specifically applies to loans that use personal checks as collateral. This is a more constrained approach that only addresses one of several products sold to lower income earners, or those without financial or banking capacity. It only addresses those who are “banked,” or able to establish a bank account.

In April 2014, a debate over the classification of car title loan businesses was brought to the City of Concord’s Planning Commission. The Commission unanimously determined that a business license application for a car title loan business should be denied and found that a “car title loan business” is not like any known use listed in the City’s Development Code, and is, therefore, prohibited.

A limited definition could leave out businesses the City might intend to regulate. There are businesses that handle multiple services, such as Western Union. Some of the available business products serve a lower income/unbanked community well, but other services might include those of concern to the City. Further, there are non-profit agencies and businesses creating new models and services to provide for the needs of the underserved communities. These services may fit the description of the existing business types, but charge lower fees and interest rates.

Staff suggests that a hybrid definition, including a broad range of business and/or product types, would be useful in constraining them. Because new products are coming to the market, the potential for providers of useful products must be acknowledged.

2. What type of regulatory framework would be most effective in meeting the City Council’s goal to restrict new check cashing stores in Berkeley?

Staff asks that the Commission consider the following types of measures used by other municipalities, which could be adopted individually or in combination with one another:

Distance measure (San Jose, Oakland, Sacramento): Similar to the City of Berkeley’s recently adopted regulations regarding drug stores, such a policy could require a minimum number of feet between check cashing stores to prevent an overconcentration in certain areas. It could also specify a minimum distance from specific types of buildings.

Ban from specific zones or areas (San Francisco, San Jose): San Francisco created a “noncontiguous Fringe Financial Service Restricted Use District (Fringe Financial Service RUD)” in which no new for-profit fringe financial services can be established. San Jose’s ordinance specifies that no payday lending establishment shall be located within a census tract with a median household income below that defined by HUD as "very low income" for a two-person household (50 percent of area median income; $23,142 for Berkeley in 2012).

Cap (San Jose): In addition to other measures mentioned above, San Jose has instituted a numerical cap, limiting the maximum number of payday lending businesses to be sited throughout the city at 39. It


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appears that this cap, in effect, does not allow for the establishment of any other payday lending businesses in San Jose in addition to those already in existence.

Moratorium (Contra Costa County): The County approved a one-year, temporary ban on the establishment of any new payday lending institutions from October 2012 to October 2013.

Increased level of discretion required for zoning permits for new check cashing stores (Rialto): This could require new check cashing businesses to obtain a use permit or to be reviewed by public hearing in front of the Planning Commission.

Staff analysis suggests that distance buffers combined with high levels of discretion should work well to constrain these business types. The census track method was tested for Berkeley. The results did not work to limit these types of businesses, due to the size and breadth of the census tracks; they account for a broader range of income levels, low income areas of Berkeley were not well-defined through this method. The Council referral also suggests a buffer of these businesses from a set of sensitive areas and other business types, such as parks and liquor stores. Research does not show a relationship between check cashing stores and problems with the surrounding area, so staff does not believe this is necessary. Conclusion and Next Steps Based on the above analysis of existing literature and zoning approaches taken by other jurisdictions, staff believes that a measure establishing a required distance buffer between check cashing stores, payday lending, car-title loan businesses, and other such establishments would effectively regulate their proliferation within the City of Berkeley. Given the location of existing check cashing stores in relation to very low income census tracts, San Jose’s additional census tract-based buffer would likely not be as effective in Berkeley. The attachments, along with several links at the end of the Staff Report offer insight into the range of available information on this subject area. Staff requests direction on the Referral based on the above questions and any other insights provided by the Commission. The Commission’s input will used to develop a new use definition and zoning regulations for consideration. Attachments

1. City Council Referral 2. Map: Locations of Existing Check Cashing Stores in Berkeley and Median

Income by Census Tract 3. Long Beach Zoning Ordinance Number ORD-13-0018 4. San Jose Municipal Code 20.080 Part 12.5 Payday Lending Establishments

Additional Information

SF Gate article by Carolyn Said, “‘Car-title loans’ a road to deep debt” (2013): http://www.sfgate.com/news/article/Car-title-loans-a-road-to-deep-debt-4487913.php


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Report on car-title lending by the Consumer Federation of America and Center for Responsible Lending, “Driven to Disaster: Car-Title Lending and Its Impact on Consumers” (2013): http://www.responsiblelending.org/other-consumer-loans/car-title-loans/research-analysis/CRL-Car-Title-Report-FINAL.pdf

Academic study by Adair Morse, University of Chicago “Payday Lenders: Heroes or Villains?” (2009): http://www.cfsponline.com/uploads/PaydayLendersHerosorVillans.pdf

Information from the California Reinvestment Coalition on Payday Lenders: http://www.calreinvest.org/crc-issues/payday-lenders

Information on the California Deferred Deposit Transaction Law (CDDTL) from the California Department of Business Oversight: http://www.dbo.ca.gov/Licensees/Payday_Lenders/Default.asp

Jesse Arreguín Councilmember, District 4

Martin Luther King Jr. Civic Center Building ● 2180 Milvia Street, 5th Floor, Berkeley, CA 94704 ● Tel: (510) 981-7140 Fax: (510) 981-7144 ● TDD: (510) 981-6903 ● E-Mail: [email protected] ● Web: www.jessearreguin.com

CONSENT CALENDAR April 30, 2013

To: Honorable Mayor and Members of the City Council From: Councilmembers Arreguín, Anderson, and Moore Subject: Referral to City Manager: Restrictions on Check Cashing Stores RECOMMENDATION: Refer to the City Manager and Planning Commission the issue of amending the Zoning Ordinance to restrict new check cashing stores in Berkeley, and request that the City Manager bring back to Council regulations on new check cashing stores. In its analysis and development of options, staff should consider the following approaches:

Amend the definition of “Financial Services, Retail” in the Zoning Ordinance (23F.04.010) by striking references to “check cashing stores”. Additionally, staff should develop a new definition in the ordinance for “check cashing stores/payday lenders”, and establish a new use category.

Additionally, staff should consider the following regulatory approaches: 1)

prohibiting new check cashing stores in all commercial zones in Berkeley, or 2) increasing the level of discretion required for zoning permits for new check cashing stores to a Use Permit/Public Hearing in all commercial zones.

Staff should also consider regulations most recently adopted by the City of San

Jose and any other jurisdictions, specifically limiting payday lending establishments by setting: (1) a distance or separation requirement between payday lending businesses to prevent overconcentration in low-income communities, and (2) a distance requirement separating payday lending businesses from residential areas and other places (i.e., schools, parks, churches, adult uses, or liquor stores).

Item 10 - Attachment 1 Planning Commission

October 15, 2014

BACKGROUND: Payday loans, which are secured using a personal check, have short repayment periods and very high fees. Payday loan borrowers often cannot afford to open a checking account, or do not have sufficient resources to take out a line of credit or receive a bank loan, therefore they are forced to rely on short term loans. Payday loans encourage chronic, repeat borrowing because borrowers often lack sufficient income to both repay the loan and meet living expenses. An estimated 91% of payday loans are taken out by previous borrowers, showing the cyclical financial dependency.1 These loans have a disproportionate impact on low-income borrowers and need more regulation. Payday lenders are disproportionately concentrated in predominately African-American and Latino neighborhoods. They are also more prevalent in communities where low- and very low-income families live. In California, nearly half of borrowers take out payday loans at least once a month, and more than one third have taken out loans from multiple payday lenders simultaneously.2 Currently check cashing stores, which provide payday loans, money transfers, and allow customers to cash checks subject to a fee, are allowed in most commercial zones in Berkeley. In order to open a new check cashing store, the owner must apply for a zoning permit. Under the Zoning Ordinance check cashing stores are permitted under the “Financial Services, Retail” use category. Check cashing stores or other lending institutions are regulated differently in different zoning districts, however no district currently has an outright prohibition on new check cashing stores. According to the city Finance Department there are currently three check cashing stores in Berkeley. They are: California Check Cashing Stores, LLC 3276 Adeline St Check Center 2005 San Pablo Ave No Hassle Check Cashing Inc 2800 San Pablo Ave All three have zoning permits to operate at their locations. Since zoning permits ride with the land and not the particular business, if any of these stores closed a new check cashing store or bank could open at that location without requiring a new permit. Moreover, any new regulations would not apply to these businesses and would be prospective. Check cashing stores have significant negative impacts on distressed communities, by providing lending that includes excessive fees and creating a cycle of repeat borrowing for low-income residents who borrow to have enough money to cover basic living 1 “Payday Lenders and Economically Distressed Communities: A Spatial Analysis of Financial Predation”, page 2, Department of Sociology, The Colorado College, February 2009 2 “Report on the Status of Payday Lending in California”, page 4, Silicon Valley Community Foundation, October 2009

expenses and pay high check cashing fees. The excessive fees run strikingly as high as 400% when expressed as an annual percentage rate.3 Additionally, there are secondary impacts associated with check cashing stores, which include noise, litter, and other problems. Other jurisdictions, including the City of San Jose, have adopted regulations to restrict the location and number of check cashing businesses. Given the negative impacts that these businesses have on our community, the City should join these other cities in adopting regulations to restrict new check cashing stores. FINANCIAL IMPLICATIONS: Staff time involved with analyzing regulatory approaches, including ordinances adopted in other cities, and developing options for Commission and Council discussion. CONTACT PERSON: Jesse Arreguin, Councilmember, District 4 981-7140 Attachments:

1. Definition of Financial Services, Retail from Zoning Ordinance 2. Spreadsheet outlining permitting requirements for Check Cashing stores in

Berkeley

3 “Payday Lenders and Economically Distressed Communities: A Spatial Analysis of Financial Predation”, page 2, Department of Sociology, The Colorado College, February 2009

Attachment 1 Berkeley Municipal Code Section 23F.04.010 Financial Services, Retail: An office, open to the public, offering teller or counter financial services including either cash, checking and/or savings account transactions or some combination thereof, including, but is not limited to, banks, check cashing stores, savings and loans and credit unions offering such services at that location.

Attachment 2

How Check Cashing Stores Are Regulated by Commercial District Except for C-SA District, check cashing is classified as “Financial Services, Retail”

Zoning District Permit Required Special Conditions

R-Districts

Retail not permitted in any residential district, so check cashing stores are not allowed

C-1 AUP

C-N Use Permit/Public Hearing

C-E Use Permit/Public Hearing

C-NS Use Permit/Public Hearing

C-SA Use Permit/Public Hearing

Check Cashing Stores specifically defined and regulated separately from banks

C-T AUP

C-SO Use Permit/Public Hearing

C-W AUP

C-DMU ZC/AUP

Under 7,500 s.f. = ZC; Over 7,500 s.f. = AUP; Within Addison District Overlay = AUP

Existing Check Cashing Stores in Berkeley

Median Incom

e Level by Census Tract

Above M

oderate

Moderate

Low

Very Low

SSource: 2008-2012 ACS 5 Year Estim

ates

Based on 2012 Household A

rea Median Incom

e of $77,138


October 15, 2014

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ORDINANCE NO. ORD-13-0018

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF LONG BEACH AMENDING THE LONG BEACH

MUNICIPAL CODE BY AMENDING SECTIONS 21.15.475,

21.52.212, TABLES 32-1 AND 32-1A IN CHAPTER 21.32,

TABLE 33-2 IN CHAPTER 21.33, BY AMENDING THE USE

DISTRICT TABLE FOR PD-25 (ATLANTIC AVENUE

PLANNED DEVELOPMENT DISTRICT), AND BY

AMENDING THE USE DISTRICT TABLE FOR PD-29 (LONG

BEACH BLVD PLANNED DEVELOPMENT DISTRICT); AND

BY ADDING SECTIONS 21.15.335,21.15.442,21.15.562,

21.15.635,21.15.1792,21.15.1793, 21.15.1795, 21.15.2008,

21.15.2009,21.15.2225,21.15.2401, AND 21.45.116,

RELATED TO CHECK CASHING AND OTHER FINANCIAL

USES

Section 1. Section 21.15.475 of the Long Beach Municipal Code is

amended to read as follows:

21.15.475 Check cashing.

"Check cashing" is a commercial land use that generally includes

some or all of a variety of financial services including cashing of checks,

warrants, drafts, or other commercial paper serving the same purpose.

"Check cashing" does not include a state or federally chartered bank,

savings association, credit union, or industrial loan company. "Check

cashing" 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 issues money orders for a minimum flat fee

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1 not exceeding two dollars ($2.00) per transaction as a service to its

2 customer that is incidental to its main purpose or business.

Section 2. Section 21.52.212 of the Long Beach Municipal Code is

5 amended to read as follows:

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21.52.212 Check cashing, pay day loans, car title loans, signature loans, and

other financial services.

The following conditions shall apply to check cashing, pay day

loans, car title loans, signature loans, and other financial services

businesses:

A. A Conditional Use Permit shall be required for check

cashing, pay day loan, car title loan, and signature loan businesses.

Alternative or other financial services are also required to obtain a

Conditional Use Permit at the discretion of the Zoning Administrator.

B. Check cashing, pay day loans, car title loans, signature

loans and other financial service businesses as defined by the Long

Beach Municipal Code shall not be located within:

1. A one thousand three hundred twenty (1,320) foot

radius of an approved check cashing, pay day loan, car title loan,

signature loan, or other financial servlce business.

2. The CNA, CNP, CNR, PO-6, PO-25, PO-29 or PO-30

or any industrial zoning districts. This includes other financial services

and alternative types of lending services at the discretion of the Zoning

Administrator.

C. Windows shall not be obscured by placement of signs, dark

window tinting, shelving, racks or similar obstructions.

O. Exterior phones, security bars and roll up doors shall be

prohibited.

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1 E. All fees and regulations associated with a loan or financial

2 transaction shall be displayed near the cashier/checkstand and provided

3 to the customer upon checkout.

4 F. The hours of operation shall be stated in the application and

5 shall be subject to review.

6 Special Development Standards for check cashing, pay dayG.

7 loan, car title loan, signature loan, and other financial services found in

8 Section 21.45.116 shall also apply.

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10 Section 3. "Financial Services" section of Table 32-1 "Uses in All Other

11 Commercial Zoning Districts" of Chapter 21.32 of the Long Beach Municipal Code isL..

>- >- g~ ~ u:: '<t 12 amended to read as shown on Exhibit "A".0::0£<.0o;l:::"'-<.O~«.,.--~ 13«~"Eg>-o~ot: ~"*~ 14 Section 4. "Financial Services" section of Table 32-1A "Uses In All OtherO~OOwo::ro~ g: ~ -§ 15 Commercial Zoning Districts" of Chapter 21.32 of the Long Beach Municipal Code isLJ..(f)8mOworo~ ~ en g 16 amended to read as shown on Exhibit "B".-«~oLJ..I>....J~o ~ 17

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18 Section 5. "Professional Office and Institutional Uses" section (9.) of

19 Table 33-2 "Uses in Industrial Districts" in Chapter 21.33 is amended as shown on Exhibit

20 "C".

21 Section 6. "Financial Services" section of the Use District Table of PD-25

22 (Atlantic Avenue Planned Development District) is amended as shown on Exhibit "0".

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24 Section 7. "Financial Services" section of the Use District Table of PD-29

25 (Long Beach Blvd Planned Development District) is amended as shown on Exhibit "E".

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27 Section 8. The Long Beach Municipal Code is amended by adding

28 Section 21.15.335 to read as follows:

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21.15.335 Bank.

"Bank" means any national and state bank, and any federal branch

and insured branch; and includes any former savings association. The

term "state bank" means any bank, banking association, trust company,

savings bank, industrial bank (or similar depository institution which the

Board of Directors finds to be operating substantially in the same manner

as an industrial bank), or other banking institution which is engaged in the

business of receiving deposits, other than trust funds; and is incorporated

under the laws of any State or which is operating under the Code of Law

for the District of Columbia, including any cooperative bank or other

unincorporated bank the deposits of which were insured by the

corporation on the day before the date of the enactment of the Financial

Institutions Reform, Recovery, and Enforcement Act of 1989.

Section 9. The Long Beach Municipal Code is amended by adding

Section 21.15.442 to read as follows:

21 .15.442 Car title loans.

"Car title loan" means a short-term loan in which the borrower's car

title is used as collateral. The borrower must be the lien holder (i.e. own

the car outright). Car title loans can be regulated as either consumer or

commercial loans by the State of California. This does not include loans

for automobiles regulated by the Federal Trade Commission (FTC).



21.15.562 Commercial loans.

"Commercial loan" means a loan of a principal amount of five

thousand dollars ($5,000) or more, or any loan under an open-end credit

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program, whether secured by either real or personal property, or both, or

unsecured, the proceeds of which are intended by the borrower for use

primarily for other than personal, family, or household purposes as defined

in Section 22502 of the California Financial Code. For purposes of

determining whether a loan is a commercial loan, the lender may rely on

any written statement of intended purposes signed by the borrower. The

statement may be a separate statement signed by the borrower or may be

contained in a loan application or other document signed by the borrower.

The lender shall not be required to ascertain that the proceeds of the loan

are used in accordance with the statement of intended purposes.



21.15.635 Consumer loans.

"Consumer loan" means a loan, whether secured by either real or

personal property, or both, or unsecured (Le. signature loan), the

proceeds of which are intended by the borrower for use primarily for

personal, family, or household purposes (the lender shall not be required

to ascertain that the proceeds of the loan are used in accordance with the

statement of intended purposes). For purposes of determining whether a

loan is a consumer loan, the lender may rely on any written statement of

intended purposes signed by the borrower. The statement may be a

separate statement signed by the borrower, or may be contained in a loan

application or other document signed by the borrower. In addition to the

definition of consumer loan in California Finance Code Section 22230, a

"consumer loan" also means a loan of a principal amount of less than five

thousand dollars ($5,000), the proceeds of which are intended by the

borrower for use primarily for other than personal, family, or household

MJM:kjm A12-02S74 8/21/13L:lAppsIClyLaw32IWPDocsID009IP020100403381.DOC

5


23 Section 21.15.2008 to read as follows:

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purposes.



21.15.1792 Money orders.

"Money order" means a certificate issued that allows the stated

payee to receive cash on-demand. A money order functions much like a

check, in that the person who purchased the money order may stop

payment.



21.15.1793 Money transfers.

"Money transfer" means a service that allows users to transfer

funds between personal accounts.



21.15.1795 Mortgage brokers.

"Mortgage broker" means an individual or company that arranges

mortgage financing between a borrower and a lender.

24 21.15.2008 Pawnbroker.

25 "Pawnbroker" means and includes any person, other than banks,

26 trust companies, or bond brokers, who may otherwise be regulated by law

27 and authorized to deal in commercial papers, shares of stock, bonds and

28 other certificates of value, who keeps a pawn office, or engages in, or

MJM:kjm A12-02574 8/21/13L:lAppsIClyLaw32IWPOocsI0009IP020100403381.00C

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carries on the business of receiving jewelry, precious stones, valuables,

firearms, clothing or personal property, or any other article or articles in

pledge for loans, or as security, or in pawn for the repayment of monies,

and exacts an interest for such loans, or who purchases articles or

personal property and agrees to resell such articles so purchased to the

vendors thereof, or their assigns, at prices agreed upon at or before the

time of such purchases, respectively.



21.15.2009 Pay day loans.

"Pay day loans" offer a transaction whereby a person defers

depositing a customer's personal check until a specific date, pursuant to a

written agreement, as provided by California Financial Code Section

23035. Personal check includes the electronic equivalent of a personal

check. Pay day loan (Deferred Deposit) businesses are regulated by the

State of California, Department of Corporations, and do not include

consumer loans or commercial loans.



21.15.2225 Realtor.

"Realtor" means a real estate agent, broker or an associate who

holds active membership in a local real estate board that is affiliated with

the National Association of Realtors or California Association of Realtors.



MJM:kjm A12-02574 8/21/13L:lAppsIClyLaw32IWPDocsID009IP020100403381. DOC

7

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28

21.15.2401 Secondhand dealer.

"Secondhand dealer," means and includes any person,

copartnership, firm, or corporation whose business includes buying,

selling, trading, taking in pawn, accepting for sale on consignment,

accepting for auctioning, or auctioning secondhand tangible personal

property.



21.45.116 Check cashing, pay day loans, car title loans, signature

loans and other financial services.

The following special development standards shall apply to check

cashing, pay day loan, car title loan, signature loan, and other financial

service businesses:

A. Conditional Use Permit. Required Findings for check

cashing, pay day loan, car title loan, signature loan, and other financial

service businesses are found in Section 21.52.212.

B. Pay Phones. Exterior phones, security bars and roll up

doors shall be prohibited, and any existing pay phones shall be removed.

C. Window Signage. Windows shall not be obscured by

placement of signs, dark window tinting, shelving, racks or similar

obstructions.

D. Maintenance. All yard areas shall be developed and

maintained in a neat, quiet, and orderly condition and operated in a

manner so as not to be detrimental to adjacent properties and occupants.

This shall encompass the maintenance of exterior facades of the building,

designated parking areas serving the use, fences, and the perimeter of the

site (including all public parkways).

MJM:kjm A12-02574 8/21/13L:lAppsIClyLaw32IWPDocsID009IP020100403381. DOC

8

1

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24

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26

27

28

E. Signage.

1. All non-conforming signs and pole signs shall be

removed, including roof signs regulated under Section 21.44.710.

2. All on-site signage shall be brought into compliance

with the Long Beach Municipal Code, Section 21.44, removed, and/or

improved to the satisfaction of the Site Plan Review Committee.

3. Each check casher shall post a list of fees in English,

Spanish, Tagalog, and Khmer at the cashier/check stand using a letter

height not less than one-half (1/2) inch in height.

F. Landscaping.

1. All parking and landscaping areas on the property

shall be improved and brought into compliance with the Long Beach

Municipal Code by paving and striping parking areas and adding drought

tolerant, native trees and shrubs.

2. All landscaping shall be permanently irrigated with a

twenty-four (24) hour/seven (7) day electronic or solar powered time clock.

G. Lighting. Lighting shall be provided, including glare shields,

in accordance with Chapter 21.41, in a relatively even pattern and in

compliance with California Title 24 Energy requirements.

H. Security.

1. Interior and exterior video security cameras shall be

installed at the front and rear of the business with full view of the public

right-of-way and any area where the operator provides parking for its

patrons. The cameras shall record video for a minimum of thirty (30) days

and be accessible via the Internet by the Long Beach Police Department

(LBPD).

2. A Public Internet Protocol (IP) address and user

name/password to allow LBPD to view live and recorded video from the

MJM:kjm A12-02S74 8/21/13L:lApps\ClyLaw32\WPDocs\D009\P020\00403381. DOC

9

4

5

I. Building Improvements.

1 cameras over the Internet are also required. All video security cameras

2 shall be installed to the satisfaction of the Police Chief, Director of

3 Technology Services, and Director of Development Services.

1. All building facades shall be improved with new paint,

6 roofing materials, and windows to the satisfaction of the Site Plan Review

7 Committee.

8 2. New canopies or architectural projections shall be

9 incorporated to the satisfaction of the Planning Commission andlor Site

10 Plan Review Committee.

11

Section 20. The City Clerk shall certify to the passage of this ordinance by

the City Council and cause it to be posted in three conspicuous places in the City of Long

Beach, and it shall take effect on the thirty-first day after it is approved by the Mayor.

15 II

16 II

17

18

19

20

21

22

23

24

25

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28

MJM:kjm A12-02574 8/21/13 10L:lAppsIClyLaw32IWPDocsID009IP020100403381. DOC

1

Absent: Councilmembers:

I hereby certify that the foregoing ordinance was adopted by the City

2 Council of the City of Long Beach at its meeting of -'O:;...=c;...=t=.ob::,.;e:::..:r:........::.l_----'-__ , 2013,

3 by the following vote:

Ayes: Council members:4

5

6

7

8

9

10

11

Noes: Councilmembers:

13

14

15

Approved ,/Ii;s/I'J16

17

18

19

20

21

22

23

24

25

26

27

28

MJM:kjm A12-02574 8/21/13 11L:lApps\ClyLaw32\WPDocs\D009\P020\00403381. DOC

Lowentha.l, DeLong, Schipske,

Andrews, Austin, Neal, Garcia.

None.

O'Donnell, Johnson.

TABLE 32-1

Uses in All Other Commercial Zoning Districts

Neighborhood Community Regional Other

ICNpICNAIC~RFinancial Services C A CCP C CHW CS

ATM 1. Walk up or Iv iV V V V V V N 1., 2. Requires 2 (5

freestanding machine minute) parking spaces

on interior of building; for each ATM machine.

walk up machine on Spaces must be located

exterior of building within 100 ft. Such

spaces may be existing

required parking.

2. Freestanding AP AP AP AP lAP AP AP AP N

machine, exterior

'N3. Drive-thru machine AP N AP C AP AP AP N 3. For drive-thru

machine see standards

for drive-thru lane in

Section 21.45.130

Bank, credit union, AP V V :V V V V V N Bank, credit union, and

savings and loan, savings and loan in the

commercial and CNP zone subject to

industrial loans standards in Section

21.52.208

*This does not include

car title loans or

signature loan

businesses as a primary

use.

Bus token issuance, Iv V V V V V V V N

payment of utility bills,

distribution of

government checks

and food stamps, salei

TABLE 32-1MJM:kjm A12-02574 8/20/13I:\a pps\etyla w3 2\ wpd 0es\ d008\p021 \004049 51. doe

EXrllBIT A

of phone cards

Car title loans C N Car title loan, check

cashing, pay day loan

Check cashing C N and signature loan

businesses are subject

Money orders, money y N to standards in Sections

transfers 21.45.116 and

21.52.212.

Payday loans C N

Signature loans C N

Escrow, stocks and y y y y y y y y N

bonds broker

All financial services N N C C C C C N

not listed

TABLE 32-1

MJM:kjm A12-02574 8/20/13I:\a pps \etyla w3 2\ wp does \d008\p021 \00404951. doe

TABLE 32-1A

Uses in All Other Commercial Zoning Districts

Financial Services

USE CO CH CT

Banks, savings and loans with drive-up windows, including commercial/industrial loan C IV C

businesses

Banks, savings and loans without drive-up windows, including commercial/industrial loan V V Ivbusinesses

Bus token issuance, payment of utility bills, distribution of government checks and food V V V

stamps, sale of phone cards

Car title loans C C C

Money orders, money transfers V V V

Signature loans !C .C C

Stock or bond broker V iV V

All Other financial services Ic C

MJM:kjm A12-02S74 8/19/131:\apps\ctylaw32\wpdocs\d008\p021\004049S2.doc

Exhibit "8"

TABLE 33-2

Uses in Industrial Districts

9. Professional Office and Y AP AP Seea. Prohibited in all industrial districts:

Institutional Uses Item • 6099 (Functions Related to10 in Depository Banking, Not

(SIC codes 60, 61, 62, this Elsewhere Classified63,64,65,66, 73 [except table. • 9223 (Correctional7353 and 7359], 861, Institutions)862, 863, 864, 878* • 8744 (Jails, privatelyDivision J (Public operated-correctionalAdministration) facilities, adult privately

operated) except a"Community Correctional Re-entry Center," as defined inSection 21.15.602, may bepermitted in the IL, 1M and IGzone districts pursuant to aconditional use permit as setforth in Chapter 21.52.

b. Offices are intended to servenearby industries and employees.

c. Emergency shelters (8322) shall

9.1 Emergency shelters N N N Y be subject to the special

(SIC code 8322*) development standards specifiedin Section 21.45.132.

MJM:KJM 8/19/13 A12-02574

1:lappslclylaw32Iwpdocsld008Ip021100404955.doc

Exhibit lie"

PD-25 USE TABLE

Uses Comments

ALCOHOLIC Off-premises sales as accessory use to a full C Note: For alcoholic beverageBEVERAGE SALES: line grocery store sales exempted from the

CUP process, seeAll other off-premise sales N Footnote #2.

Note: The concentration ofOn-premise sales as accessory use to a C existing ABC licenses &restaurant the area crime rate are

All other on-premise sales Nfactors considered inreviewing applications foralcohol sales.

AUTOMOBILE Auto Detailing (with hand held machines only) AP Mobile businesses prohibited.(VEHICLE) USES:

Car Wash N

Gasoline Sales C Site plan review is required. Forauto repair, see "Minor AutoRepair".

General Auto Repair (body work, painting, etc) N

Minor Auto Repair, Tune Up & Lube, Smog NTest

Limousine Service y Fully enclosed garage required.

Motorcycle/Jet Ski Sales & Repair N

Parking Service - principal use C

Recreational Vehicle Storage N

Rental Agency (does not include repair) N

Sales (does not include auto repair) N

Towing N

Vehicle Parts (with installation); Tire Store N

Vehicle Parts (w/o installation) AP

BILLBOARDS: Mini-poster or Poster (up to 300 sq. ft) N

Painted Board (300 sq. ft or more) N

BUSINESS OFFICE Copy, Fax, Mail Box, or Supplies ySUPPORT

Equipment Sales, Rental or Repair y

-1- EX~IIBITD

PD-25 USE TABLE

Uses Comments

Off-set Printing N

ENTERTAINMENT Amusement Machines (4 or fewer) N

Arcades C See Section 21 ..52.203

Computer Arcades C See Section 21.52.220.5

Dancing (accessory use) N

Drive-in Theater N

Hall Rental AP

Live or Movie Theater (w/1 00 seats or less) AP For theaters w/100+ seats, see"Movie"

Mock Boxing or Wrestling N

Moving Theater (or Live Theater w/1 00+ Nseats)

Pool Tables (up to 3 tables) A Accessory to restaurant, tavern,community center, cultural center,or church (See 21.51.260)

Private Club, Social Club, Night Club N

Restaurant with Entertainment Y City Council hearing is required fornew and transferred businesslicenses

Other Entertainment Uses (bowling alley, APminiature golf, tennis club, skating rink)

FINANCIAL ATM (walk-up machine) A Requires 2(5 min) parking spaces

SERVICES: for each machine. Spaces must bewithin 100'. Such spaces may beexisting required parking. (See21.32.240) Special standards ofCNR zone apply.

Bank, Credit Union, Saving & Loan Y

Bank (with drive-up ATM or window) AP

Bus token issuance, payment of utility bills, Ydistribution of government checks and foodstamps, sale of phone cards

Car title loans N

Check cashing N

-2-

PD-25 USE TABLE

Uses Comments

Escrow, Stocks & Bonds Brokerage YCar title loan, check cashing, pay

Money orders, money transfers y day loan and signature loan

Pay day loans Nbusinesses are subject tostandards in Sections 21.45.116

Signature loans Nand 21.52.212.

All Financial Services Not Listed C

INSTITUTIONAL Church or Temple APUSES:

Community Center/Cultural Center AP Operator must be a non-profitagency

Convalescent Hospital or Home N

Crematorium N

Oaycare or Pre-school Y

Elementary or Secondary School N Permitted in Institutional zones only

Industrial Arts Trade School or Rehabilitation NWorkshop

Mortuary N

Parsonage A Accessory to church or temple.

Professional School/Business School Y

Social Service Office (without food APdistribution)

Social Service Office (with food distribution) AP

Other Institutional Uses C

PERSONAL Basic Personal Services YSERVICES: (barber/beauty shop, diet center, dog/cat

grooming, dry cleaner, locksmith, mailboxrental, nail/manicure shop, repair shop forsmall appliances/bicycles/ electronicequipment, tailoring, shoe repair, tanningsalon, travel agent, or veterinary clinic withoutboarding)

Catering, Party Counseling (w/o trucks) Y For catering w/trucks, seeTable 33-1

-3-

PD-25 USE TABLE

Uses Comments

Fitness Center/Health Club, Dance/Karate AP Limited to 5000 sq. ft.Studio

Fortune-telling N

Gun Repair Shop N

House Cleaning Service Y

Laundromat Y

Laundry (commercial customers) N Permitted in Industrial zones only.

Massage Establishment Y

Recycling Center N Permitted in Industrial zones only.

Recycling Collection Center for cans & bottles N(staff attended)

Recycling Containers for cans & bottles A Accessory to grocery store only(See 21.51.265).

Repair Shop (stove, refrigerator, upholstery, N For small appliance repair, seelawn mowers, etc.) "Basic Personal Services".

Self-storage (indoor only) N

Shoe Repair Y

Shoe-shine Stand A Accessory to barber, car wash,grocery, hotel, office, or restaurantuse.

Tattoo Parlor N

Termite & Pest Control N See "MISC.-Storage of Haz.Materials" .

Veterinary Clinic w/boarding N Also see "Basic Personal Services"

All Personal Services Not Listed AP

PROFESSIONAL Accounting, Advertising, Architecture, Artist YSERVICES Studio, Bookkeeping, Business Headquarters,

Chiropractics, Computer Programming,Consulting, Contracting, Dentistry,Engineering, Insurance, Law, Marketing,Medicine, Photography, Private Investigator,Psychiatry, Psychology, Real Estate, or TaxPreparation

All Professional Offices Not Listed AP

-4-

PD-25 USE TABLE

Uses Comments

RESIDENTIAL USES Artist Studio with Residence Y

Caretaker Residence AP

Group Home (care of six or less) Y

Residential Care Facility (care of seven or Nmore)

Senior and/or Handicapped Housing AP

Special Group Housing (fraternity, sorority, Nconvalescent home, convent, monastery, etc)

Single-family or Multi-family Residential Y See Table 32-5 for permitteddensities.

RESTAURANTS & Restaurants & Ready-to-Eat Foods Y Note: For use selling alcoholicREADY-TO-EAT without drive-thru lanes beverages, see "ALCOHOLIC BEV.

FOODS SALES"

Restaurants & Ready-to-Eat Foods C Special standards apply. (Seewith drive-thru lanes 21.45.130)

RETAIL SALES Basic Retail Sales (except uses listed below) Y Note: Antiques, art, books (new &used), coins, collectibles,jewelry, and trading cardsare included in "BasicRetail"

Building Supply or Hardware Store with N For hardware store w/o lumber,lumber, drywall, or masonry drywall, or masonry, see "Basic

Retail Sales"

Auxiliary Flower, Plant, Fruit, or Vegetable A Accessory to the sale of relatedSales (outdoor stand or nursery) products in a retail store. (See

21.51.255)

Flower Stand or News Stand Y Requires special permit. (See21.45.135)

Gun Shop N

Itinerant Vendor T

Major Household Appliances N(refrigerator/stoves/etc. )

Manufacture of Products Sold on Site A See 21.51 .140

Merchandise Mall, Indoor Swap Meet N

Outdoor Sales Events (flea mkts/swap rneet) N

-5-

PD-25 USE TABLE

Uses Comments

Pawn Shops N

Thrift Store, Used Merchandise AP Also see Note under "Basic Retail"

Vending Machines A Accessory to existing retail sales.(See 21.51.295)

TEMPORARY Bed & Breakfast Inn APLODGING

Hotel AP

Motel N

Inn N

Shelters N

TEMPORARY USES Carnival, Event, Fair, Trade Show, etc. T

Construction Trailer T

TRANSPORTATION Transportation Facilities (bus terminals, cab NAND stands, heliports, helistops)COMMUNICATIONFACILITIES

Communication Facilities (cellular telephone Ncell site, electrical distribution station)

MISCELLANEOUS Storage of Hazardous Materials Accessory to C A CUP is required if amount ofPrincipal Use (such as pest control) material stored exceeds 55 gal. of

liquid, 500 Ibs of solids, 200 cubicfeet of compressed gas, or anyamount of acutely hazardousmaterial.

Abbreviations:Y = Yes (permitted use)N = Not permittedC = Conditional Use Permit is requiredA = Accessory UseAP = Administrative Use Permit is requiredT = Temporary use subject to provisions contained in Chapter 21 .53.

Footnotes:(1) Any use in excess of 10,000 sq. ft. requires an Administrative Use Permit.(2) The following alcoholic beverage sales shall be exempted from the CUP permit requirement:

a. Restaurant with alcoholic beverage service only with meal. This generally means any use with a fixed baris not exempt. A service bar is not considered a fixed bar. A sushi bar, where alcoholic beverages areserved at the same bar where meals are served, is considered serving alcoholic beverages only withmeal service. A cocktail lounge with a bar, but with primarily service of only hors d'oeuvres and alcoholic

-6-

beverages is not exempt. Any restaurant with more than 30 percent of gross sales consisting of alcoholicbeverages shall lose its exemption and be required to obtain a condition use permit to continue to sellalcohol.

b. Use located more than 500 feet from zoning districts allowing residential use.c. Department store or florist with accessary sale of alcoholic beverages.d. Existing legal, nonconforming uses.

MJM:KJM 8/20/13 A12-02574L:\AppsICtyLaw32IWPDocsID005IP019100402460.doc

-7-

m >< :r: - co =i ,."

PD-29USETABLE

Uses

Subarea

Subarea

Nodes

Subarea

Subarea

Comments

1a1

Subareas

34

2&5

ALC

OHOLIC

On/Off-prem

ise

salesqualified

EXP

EXP

EXP

EXP

EXP

Note:

For

alcoholic

BEVERAGE

SALE

Sforexem

ption

beverage

sales

exem

pted

from

the

CUP

process,

see

u.,

footnote

#1.

Allotheron/off-prem

ise

sales

YY

YY

Ymorethan

500'

from

adistrict

allowing

residentialuses

Allother

onlo

ffprem

ise

sales

CC

CC

Cless

than

500'

from

adistrict

allowing

residentialuses

Note:

The

concentration

ofexisting

ABC

licenses

&thearea

crime

rate

are

factors

considered

inreview

ing

applications

for

alcoholsales.

AUTOMOBILE

Auto

Detailing/Car

Wash

AP

AP

AP

AP

YNote:

Mobile

license

shall

(VEHICLE

)USES

beprohibited

Gasoline

Sales

yy

AP

yy

General

Auto

Repair(body

NC

NC

AP

Note:

Alloutdoordisplay,

work,

painting,

etc.)

storage,

service

&repairof

vehicles

is(See

Section

21.45)

MJM

:kjm

A12-02574

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/13L:\Apps\CtyLaw32\W

PDocs\D005\P019\00405304.doc

1

PD-29USETABLE

Uses

Subarea

Subarea

Nodes

Subarea

Subarea

Comments

1a1

Subareas

34

2&5

Minor

AutoRepair,TuneUp&

CAP

NAP

YLube,Smog

Test

Motorcycle/JetSkiSales

&C

YAP

AP

YRepair

Parking

Service

-principaluse

YY

YY

Y

RecreationalVehicle

Storage

NN

NN

N

RentalAgency(doesnot

YY

YY

Yincluderepair)

Sales,New

Cars(sales

ofparts

NC

NC

C&minor/major

repair,

excluding

body

repair&painting,

are

permitted

asaccessoryuses)

Sales,UsedCars(onlyminor

NC

NC

Cauto

repairshallbe

permitted

asan

accessory

use)

Towing

AA

AA

A

Vehicle

Parts(with

installation);

CAP

NAP

AP

Tire

Store

Vehicle

Parks

(w/o

installation)

AP

yy

yy

BILLBOARDS

AllBillboards

NN

NN

N

BUSINESS

OFFICE

Copy,

Fax,MailBox,or

YY

YY

YSUPPORT

Supplies,

EquipmentRentalor

Repair,andOff-setPrinting

MJM:kjm

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2

PD-29USETABLE

Uses

Subarea

Subarea

Nodes

Subarea

Subarea

Comments

1a1

Subareas

34

2&5

ENTERTAINMENT

Amusem

entMachines

AA

AA

ANote:

Entertainment

(4orfewer)

licensesrequire

approval

from

the

Arcades

NN

CC

CCity

Council

Com

puterArcades

NN

CC

C

Dancing

(accessory

use)

CC

AA

A

HallRental

NN

AP

AP

AP

Live

orMovieTheater

NN

YY

Y

MockBoxingorWrestling

NN

CC

C

PoolTables(upto3tables)

AA

AA

A

PrivateClub,

SocialClub,

Night

NN

YY

YClub

Restaurantwith

Entertainment

yy

yy

y

Other

EntertainmentUses

CC

AP

AP

AP

(bowlingalley,

skatingrink,

(Subarea

2)

miniature

golf,tennisclub)

C (Subarea

5)

FINANCIAL

Bank,

CreditUnion,Saving&

YY

YY

YSERVICES

Loan

(withoutdrive-thru

window)

MJM:kjm

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3

PD-29USETABLE

Uses

Subarea

Subarea

Nodes

Subarea

Subarea

Comments

1a1

Subareas

34

2&5

Ban

k,C

redi

tU

nion

,S

avin

g&

AP

AP

AP

AP

AP

Loan

(with

driv

e-th

ruw

indo

w)

Bus

Tok

enIs

suan

ce,

Pay

men

tY

YY

YY

ofU

tility

Bill

s,D

istrib

utio

nof

Gov

ernm

ent

Che

cks

and

Foo

dS

tam

ps,

Sal

eof

Pho

neC

ards

Car

Titl

eLo

ans

Yy

yy

y

Che

ckC

ashi

ngN

NN

NN

Car

title

loan

,ch

eck

cash

ing,

pay

day

loan

and

sign

atur

e

Mon

eyO

rder

s,M

oney

YY

YY

Ylo

anbu

sine

sses

are

subj

ect

Tra

nsfe

rsto

stan

dard

sin

Sec

tions

21.4

5.11

6an

d21

.52.

212.

Pay

Day

Loan

sN

NN

NN

Sig

natu

reLo

ans

NN

NN

N

All

Fin

anci

alS

ervi

ces

Not

NN

NN

NLi

sted

INS

TIT

UTIO

NA

LC

hurc

hor

Tem

ple

CA

PC

AP

AP

US

ES

Fire

/Pol

ice

Sta

tions

,N

YY

YY

Com

mun

ityC

ente

r/C

ultu

ral

(Pub

licS

pons

ored

)

Con

vale

scen

tH

ospi

tal

orH

ome

YY

CY

N

Day

care

orP

re-s

choo

lY

YY

YY

Ele

men

tary

orS

econ

dary

CY

YY

YS

choo

l

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Comments

1a1

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34

2&5

Indu

stria

lA

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Tra

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Cy

AP

YY

Reh

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Mor

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geA

AA

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Not

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e

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lS

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RS

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sY

YY

YY

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Comments

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34

2&5

FitnessCenter/Heath

Club,

yy

yy

yDance/Karate

Studio

Fortune-telling

NN

NC

C

Gun

RepairShop

CC

CC

C

Laundrom

atAP

AP

AP

Yy

Massage

AA

AA

A

RecyclingCenter

NN

NN

N

RecyclingCollection

Centerfor

NN

NN

Ncans

&bottles

(staffattended)

RecyclingContainersforcans

AA

AA

ANote:

Accessory

toandbottles

Grocery

Store

only

RepairShop(stove,

CC

NAP

Yrefrigerator,upholstery,lawn

mowers,

etc.)

Shoe-shine

Stand

AA

AA

A

TattooParlor

NN

NN

N

Termite

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AP

AP

AP

AP

y

AllPersonalServicesNot

AP

AP

AP

AP

AP

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PROFESSIONAL

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YY

YY

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(Accounting,

Advertising,

Architecture,

ArtistStudio,

Bookkeeping,Business

Headquarters,

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Com

puterProgram

ming,

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Dentistry,

Engineering,

Insurance,

Law,Marketing,

Medicine,

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Psychology,

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RESIDENTIAL

USES

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YY

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Caretaker

Residence

AA

AA

A

Seniorand/or

Handicapped

NAP

AP

AP

AP

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Special

Group

Housing

NC

CC

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convent,

monastery,etc.)

Multi-family

Residential

NY

YY

YNote:

Check

special

developm

ent

standards

RESTAURANTS

&Restaurants

&Ready-to-Eat

YY

YY

YREADY-TO-EAT

Foods

w/o

drive-thru

lanes

FOODS

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34

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CC

CAP

AP

Foodswithdrive-thrulanes

RETAILSALES

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YY

YY

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GunShop

CC

NC

C

ItinerantVendor

TT

TT

T

Merchandise

Mall,IndoorSwap

CAP

YY

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OutdoorSalesEvents(flee

CC

CC

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meet)

Superstore

NN

NN

NNote:See21.15.2985

(Retail>

100,000SFwith>

10%non-taxablemerchandise)

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CC

NC

C

ThriftStore

AP

AP

NAP

Y

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Machines

AA

AA

A

TEMPORARY

Hotels(motels)w/90roomsor

CY

YY

YLODGING

more

Hotel(motels)lessthan90

NN

NN

Nrooms

Shelters

NN

NC

N

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ount

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LLA

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urse

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kY

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arde

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IPIP

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IPIP

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34

2&5

Recreational

Park

AP

AP

AP

AP

AP

INDUSTRIAL

IndustrialFood

Processing:

Note:

Check

special

RELA

TED

USES

1.Bakery

NN

NN

Ydevelopm

ent

standards

forall

2.Catering

NN

NN

YIndustrialrelated

(food

preparation)

uses.A

retailoutlet

orashow

room

isencouraged

onthe

site.

IndustrialLaundry

NN

NN

C

Self-storage

facility

NN

NN

N

Sew

ing

NN

NN

C

Research

&laboratory

NN

NN

C

Warehousing

NN

NN

C

Wholesale

sales(except

NN

NN

AP

livestock)

Abbreviations:

Y=Yes

(permitted

use)

N=Not

perm

itted

C=Conditional

Use

Permitis

required

AP

=Adm

inistrative

Use

Permitis

required

EXP

=Alcoholic

beverage

salesqualified

forCUP

exem

ption

(see

footnote

#1)

A=Accessory

use.

For

specialdevelopm

ent

standards,

referto

Chapter

21.51.

T=Tem

porary

usesubjectto

provisions

contained

inChapter

21.53.

IP=Interim

park

useperm

itrequired.

For

specialconditions,

referto

Chapter

21.52.

Footnote:

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11

AFFIDAVIT OF POSTING

STATE OF CALIFORNIA ) ssCOUNTY OF LOS ANGELES )CITY OF LONG BEACH )

Megan Wiegelman being duly sworn says: That I am employed in the Department of the

City Clerk of the City of Long Beach; that on the 16th day of October, 2013, I posted

three true and correct copies of Ordinance No. ORD-13-0018 in three conspicuous

places in the City of Long Beach, to wit: One of said copies in the entrance lobby of

City Hall in front of the Information Desk; one of said copies in the Main Library; and one

of said copies in the entrance lobby of the 14th Floor of City Hall.

Subscribed and sworn to before me

this 16th day of October, 2013.

CI~

(Rev. 11/2011)

Item 10 – Attachment 4 Planning Commission October 15, 2014

From San Jose’s Municipal Code:

Part 12.5 PAYDAY LENDING ESTABLISHMENTS

Sections: 20.80.1050 Certificate required. 20.80.1055 Restrictions and conditions. 20.80.1060 Maximum number.

20.80.1050 Certificate required. A. No person shall operate or suffer or allow the operation of a payday lending establishment until such time as a zoning code verification certificate has been duly applied for and issued by the director pursuant to the provisions of Chapter 20.100 of this title applicable to zoning code verification certificates, which zoning code verification certificate confirms full conformance of a proposed payday lending establishment with all of the applicable locational siting and licensing requirements of this title. The application for such zoning code verification certificate shall be filed pursuant to the requirements and processes set forth in Chapter 20.100 applicable to zoning code verification certificates. B. A person intending to commence operation of a payday lending establishment at the same location occupied or previously occupied by a legally operating payday lending establishment may be issued a zoning code verification certificate without full conformance with the locational siting requirements of this title, so long as the prior payday lending establishment use has not been discontinued or abandoned for a period of six months or more. (Ord. 29089.)

20.80.1055 Restrictions and conditions. The location and operation of payday lending establishments shall be subject to and shall comply with all of the restrictions and conditions set forth in this section, in addition to those restrictions and conditions that may be imposed on a payday lending establishment under or pursuant to other provisions of the San José Municipal Code or other applicable state or local laws, regulations or policies. Anyone operating or allowing or suffering the operation of a payday lending establishment shall comply with, or shall cause the compliance with, all of the restrictions and conditions set forth in this section, in addition to those restrictions and conditions that may be imposed on a payday lending establishment under or pursuant to other provisions of the San José Municipal Code or other applicable state or local laws, regulations or policies.

A. At the time of issuance of a zoning code verification certificate, no payday lending establishment shall be located within a census tract identified by the most recently available census data from the U.S. census bureau's American Community Survey as having a median household income below that defined by the U.S. department of housing and urban development as "very low income" for a two-person household ("very low income census tract") or closer than a minimum of one thousand three hundred twenty feet from the boundary of a very low income census tract, measured from the parcel line of the parcel on which the payday lending establishment is located.

B. At the time of issuance of a zoning code verification certificate, no payday lending establishment shall be located on a parcel of real property that is closer than a minimum of one thousand three hundred twenty feet from any parcel on which another payday lending establishment is located, measured from the closest parcel lines of the respective parcels. C. A payday lending establishment shall hold, maintain and be in compliance with a valid license issued by the State of California under the California Deferred Deposit Transaction Law, as amended from time to time. (Ord. 29089.)

20.80.1060 Maximum number. No more than a maximum of thirty-nine payday lending establishments shall be sited in the city. (Ord. 29089.)

Documents

Item 10 - Berkeley, California · 10/15/2014 · Payday loan borrowers often cannot afford to open a checking account, or do not have sufficient resources to take out a line of credit