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Ordinance No. 1117036 ORDINANCE NO. 1117 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ADDING A NEW SECTION 15H TO THE CYPRESS CITY CODE, AMENDING TABLE 2 -6 OF SECTION 6, ARTICLE 2 OF APPENDIX I ZONING, ADDING A NEW SECTION 3.17.216 TO APPENDIX I ZONING, AND ADDING A NEW DEFINITION FOR FINANCIAL SERVICES AND AMENDING THE EXISTING DEFINITION FOR BANKS AND FINANCIAL SERVICES IN APPENDIX I ZONING. WHEREAS, pursuant to its Charter authority and to provide for the public health, safety and general welfare, the City Council of the City of Cypress determines that regulation of commercial businesses is necessary to maintain commerce as well as to maintain compatibility with surrounding land uses; and WHEREAS, the City Council in the exercise of its Charter and police powers desires to amend Section 15 and Appendix I of the Cypress City Code to add a new Section 3.17.216 to the Cypress Zoning Code modify the definition for banks and financial services and to add a new definition and operational standards for financial services, in order to ensure the above, NOW, THEREFORE, the City Council of the City of Cypress does hereby ordain as follows: Section 1: That a new Section 15H is hereby added to Chapter 15 of the Cypress Municipal Code to read, in its entirety, as follows: "Sec. 15H FINANCIAL SERVICES 15H -1. DEFINITIONS. 'Financial Services' shall mean and be defined as businesses or establishments dedicated, in whole or in part, to providing financial services consisting of check cashing, money wiring, bill paying, payday loans, cash for gold /silver /precious metals /jewelry, and other similar financial activities. Financial services shall not include a State or Federally chartered bank, savings association, credit union, financial planning, brokerage, or advisory firm, or industrial loan company. Nor shall 'Financial Services' include grocery stores or retail sellers, as defined elsewhere in law, who are engaged primarily in the business of selling consumer goods, including consumables, to retail buyers that, as an accessory or incidental activity thereof, cash checks or issue money orders for a minimum flat fee as an appurtenant activity to its primary business. 15H -2. PERMIT REQUIRED. (a) It is unlawful for any person to engage in, conduct, or carry on, in or upon any premises within the City of Cypress, a business offering Financial Services as defined in Section 15H -1, in the absence of a permit issued pursuant to this Chapter. (b) Providing any Financial Service as defined in this chapter without a valid permit issued therefore pursuant to the provisions of this chapter, unless expressly exempt hereunder, is declared to be a violation of this section. 15H -3. OPERATING STANDARDS FOR FINANCIAL SERVICE USES. It is unlawful for any person to engage in, conduct, or carry on, in or upon any premises within the City of Cypress, a business offering Financial Services as defined herein except in compliance with all of the following requirements: 037 (a) The business shall not be located within one thousand feet (1,000') from the nearest businesses offering one or more of the same financial services. This distance shall be measured from the closest property line to the closest property line. (b) The business shall not be located within five hundred feet (500') feet of any public or private school (pre - school through twelfth grade), or public park, as measured from the property line of the lot on which the building is located to the nearest property line of the school or park. (c) The business shall not be located within one hundred feet (100') of any existing residential dwelling or property zoned for residential uses as measured from the property line of the lot on which the building is on to the nearest property line of the residential dwelling or property zoned for residential uses. (d) The business shall be in a location that is fully visible from a public street with an unobstructed view of the front of the business from the nearest street. (e) The business shall provide adequate lighting in the vicinity of the building and parking lot area. A lighting plan for the building and parking lot area shall be provided to the Cypress Police Department for review and approval prior to commencement of the business operations. (f) A security plan shall be provided to the Cypress Police Department and Planning Division for review and approval prior to commencement of the business operations. 1. Security measures shall be incorporated into the security plan which may include: video surveillance and alarm systems which can be broadcast directly to the Cypress Police Department, automated locking systems, and bullet resistant barriers separating clerks from customers. (g) Uniformed security guard(s) shall be provided, as deemed necessary by the Chief of Police or the Chief's designee. (h) No window coverings shall be installed which prevent visibility of the interior of the tenant space from outside the premises during operating hours. Any proposed window tint or coverings shall be approved in advance by the Cypress Police Department. (i) The interior of the business shall be maintained with adequate illumination to make the conduct of patrons within the premises readily discernable to persons of normal visual acuity. (j) A sign shall be posted at the front of the business indicating that loitering is prohibited in the vicinity of the business location. Additional signage may be required by the Cypress Police Department. (k) Outdoor pay phones within 100 feet of the business shall be prohibited. (I) The hours of operation shall be limited to between 8:00 a.m. and 8:00 p.m. daily. (m) The business shall also be in conformity with all other city requirements. 038 15H -4. APPLICATION FOR PERMIT (a) Applications for a Financial Services permit pursuant to this chapter shall be filed with the Director of Community Development, or the Director's designee, on forms provided by the Director and shall include a nonrefundable application fee (Major Conditional Use Permit fee) in an amount designated by resolution of the City Council and, at least, shall contain the following information: 1. The legal name, address, e-mail address, fax, cell phone and telephone number of the owner(s) of the proposed establishment making application; 2. The legal name, address, e-mail address, fax and telephone number of the owner(s) of the premises where the proposed establishment seeks to operate; 3. The legal name, address, e-mail address, fax and telephone number of the person submitting the application as authorized agent of the owner(s) of the premises where the proposed establishment seeks to operate; 4. The business name, address and telephone number under which the business activity will be conducted; 5. A listing of all similar business(es) any and all of the above referenced individuals have operated or are operating including the business(es) name, physical address(es) and telephone number(s); 6. The exact nature and location of the activity for which the permit is requested, including a dimensioned floor plan showing all physical improvements and exiting pathways; 7. A security plan for control of pedestrian and vehicular traffic and prevention of unlawful conduct by employees and patrons (such as assaults, vandalism, littering, theft, sale or use of controlled substances, and vehicle code violations) either within the building(s) or outside in the areas affected by the public patronizing the business; 8. The proposed operational days and hours of the business; 9. Such other information pertaining to the public health, safety and welfare as may be required by the Director of Community Development to ensure compliance with the provisions of this Section and of the requirements of the Cypress City Code and Cypress Zoning Code related to Financial Services and, in addition, any information that the applicant may wish to include. b. The submittal of false information on the application shall constitute grounds for immediate denial of the application and the permit. 15H -5. ACTION BY DIRECTOR OF COMMUNITY DEVELOPMENT UPON SUBMITTAL OF APPLICATION (a) Upon the filing of an application, the Director of Community Development, or the Director's designee, shall determine whether the application is complete. If the application is not complete, the Director of Community Development shall, within seven (7) business days, give written notice by the United States Postal Service to the applicant that the application is incomplete and cannot be acted upon. The notice shall state what information is needed to complete the application. 3 939 (b) Upon the filing of a completed application, the Director of Community Development, or the Director's designee, shall conduct such investigation as the Director or the designee deem necessary (including consultation with the Planning, Building, and Police Department representatives) and inspection of the proposed premises as needed. Within twenty (20) business days after receipt of a completed application, the Director of Community Development or designee shall either grant or deny the application. A change in ownership of the business shall require the submittal and evaluation of a new Financial Services permit application. (c) An application for a Financial Services permit pursuant to this Section shall be granted by the Director of Community Development, or the Director's designee, subject to compliance with the requirements set forth herein and in Section 3.17.216 of the Cypress Zoning Code, unless it is found and determined that issuance of the permit would allow the Financial Service use to be held or conducted: 1. In violation of any provision of the Cypress City Code, Cypress Zoning Code or any state of federal laws; or 2. In a building or structure which is hazardous to the health, safety or general welfare of the employees or patrons of the business, activity or event, or the general public, under the standards established by the Uniform Building Codes, Fire Codes or other such codes as are adopted or may be adopted pursuant to the Cypress City Code; or 3. In a manner in which proposed security measures are determined to be inadequate to deter unlawful conduct on the part of employees and patrons, or to allow loitering in and around the premises. 15H -6. NOTIFICATION (a) The Director of Community Development, or the Director's designee, shall have the authority to approve, conditionally approve, or deny the application for a Financial Services permit, and shall give written notice to the applicant of action taken upon the completed application, including conditions of approval if any, within thirty (30) business days after receipt of the completed application. (b) In the event the application is denied, written notice of such denial shall be given to the applicant specifying each ground for such denial. The notice shall also advise the applicant of the right to appeal the denial of the application and shall state the last date on which an appeal may be filed, which shall state the fifteenth (15th) business day after the date on which the notice was deposited in the mail or was personally delivered to the applicant. 15H -7. APPEAL TO CITY COUNCIL — NOTICE AND HEARING (a) An applicant whose application for a Financial Services permit has been denied or has been approved with conditions may appeal such determination directly to the City Council by filing a notice of appeal with the Director of Community Development subject to the payment of a non- refundable appeal fee in an amount set by resolution of the City Council. The time within which such written notice of appeal may be filed shall expire at the end of the fifteenth (15th) business day following the date on which notice to the applicant of the determination of the Director of Community Development, or the Director's designee, on such application was personally delivered or deposited in the United States mail. 040 (b) Upon the filing of a timely notice of appeal, the City Clerk shall set an appeal hearing to be conducted within thirty (30) business days from the date of receipt of such notice of appeal. The applicant, by written request, may waive the time limits set forth in this section except the time deadline within which the notice of appeal must be filed. 15H -8. CITY COUNCIL ACTION UPON APPEAL After an administrative hearing and consideration of the report and recommendation of the Director of Community Development and any written materials submitted by the applicant or other persons, the City Council shall conduct a hearing de novo and shall have the authority to approve, conditionally approve, or deny the application for a Financial Services permit in accordance with this Section. The decision of the City Council shall be final and such decision shall be set forth in writing including each ground for approval, conditional approval (including any condition(s) of approval), or denial of the application for a Financial Services permit. 15H -9. ISSUANCE OF PERMIT — CONDITIONS (a) After a decision to approve or conditionally approve any Financial Services permit application becomes final, the Director of Community Development, or the Director's designee, shall issue the permit. The permit shall be valid only on the property for which it was granted and shall continue to be valid until a change in ownership of the business or if the business ceases to operate for more than sixty (60) days. (b) The permit shall be issued subject to compliance with all operating requirements in Subsection C and such additional conditions as may be required to ensure compliance with city regulations governing the matters contained in the application. 15H -10. REVOCATION OF PERMIT (a) Any Financial Services permit issued in accordance with the provisions of this Section shall be subject to revocation by the City Council following a hearing on the basis of any of the following: 1. That the permittee has engaged in activities in a manner which violates one or more of the conditions imposed upon the issuance of the permit or which fails to conform to the plans and procedures described in the application, or which violates the occupant load limits set forth by the Building Official and has failed to cure such noncompliance after reasonable notice thereof; or 2. That the permittee has failed to obtain or to maintain all required city, county and state licenses and permits, and has failed to cure such noncompliance after reasonable notice thereof; or 3. That the permittee is engaged in conduct or other activity different from that for which the permit was issued, and has failed to cure such noncompliance after reasonable notice thereof; or 4. That the permittee misrepresented any material fact in the application for the permit or has not answered each question therein truthfully; or 5. That the building or structure in which the Financial Services permit is being conducted, or is to be conducted, is hazardous to the health, safety and general welfare of the employees or patrons of the business, activity or event, or of the general public, under the standards set forth in the Uniform Building and /or Fire Codes as such Codes shall be -5 041 adopted from time to time, and has failed to cure such noncompliance after reasonable notice thereof: or 6. That the security measures provided are inadequate to deter unlawful conduct on the part of employees or patrons, and do not adequately deter loitering in and around the premises, and has failed to cure such noncompliance after reasonable notice thereof. (b) Written notice of the hearing on the proposed permit revocation, together with written notification of the specific grounds of complaint against the business or activity of the permittee, shall be personally delivered or sent by certified mail to the permittee at least ten (10) business days prior to the hearing. (c) In the event a permit is revoked pursuant to the provisions of this Section, another permit shall not be granted to the permittee, or to any other applicant, for the subject location within twelve (12) months after the date of such revocation. The City Council's determination following a public revocation hearing shall be based on written findings and shall be final and conclusive in the matter. 15H -11. APPLICATION TO EXISTING BUSINESSES Any business offering Financial Services as defined herein which was lawfully existing on the effective date of this ordinance which becomes a nonconforming use by reason of the adoption of this ordinance, shall cease operation or otherwise be brought into full compliance with the provisions of this ordinance, not later than either (i) one year following the effective date of this ordinance, or (ii) ten (10) months following the date of written notice provided below, whichever is later (the "amortization period "), except that no lawfully existing Financial Service use shall be deemed to be nonconforming for failure to comply with the location requirements established for such uses by this ordinance unless said business is terminated for any reason or voluntarily discontinued for a period of sixty (60) consecutive calendar days or more following the effective date of this ordinance. A Financial Service use which is not operational due to a fire, flood or natural disaster on the effective date of this ordinance shall be deemed a "lawfully existing Financial Service use" for the purposes of this section provided such use resumes operation within a period of not more than one (1) year from the date of said fire, flood or natural disaster which rendered such business non - operational. Any such lawfully existing Financial Service use may continue to operate, provided said operation is in conformity with all other applicable city, state and federal laws, until the application pursuant to this section has been acted upon and the decision thereon has become final. 15H -12. RULES AND REGULATIONS The City of Cypress may establish reasonable administrative rules and regulations to implement the provisions of this section. A copy of such rules and regulations shall be made available to applicants by the Director of Community Development. 15H -13. PENALTY Any person violating or failing to comply with any of the provisions of this section is guilty of a misdemeanor and shall be subject to a fine of not to exceed one thousand dollars ($1,000.00) or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of the provisions of the section is committed." 042 Section 2: That Table 2 -6 (Allowable Uses and Permit Requirements for Commercial Zoning Districts) of Section 6 of Article 2 of the Cypress Zoning Ordinance is hereby amended to modify the category for "Banks & Financial Services" to "Banks and Financial Institutions ", add a new separate category for "Financial Services ", and delete the category for "Check Cashing ". "TABLE 2 -6 ALLOWABLE USES AND PERMIT REQUIREMENTS FOR COMMERCIAL ZONING DISTRICTS (Continued) Key to Table P Permitted C Conditional Use — Conditional Use Permit required (See Subsection 4.19.070) " -" Use not allowed TUP Temporary Use Permit Land Use Permit Required by District OP CN CG CH See Section Services (Continued) Banks and Financial P P P P Institutions Financial Services ** - - P P 3.17.216 er Section 15H of the Cypress City Code" Section 3. That the definition for Banks and Financial Services located in Section 31, Article 6 of the Cypress Zoning Ordinance be amended to read Banks and Financial Institutions and the new definition for Financial Services shall replace the current definition for Financial Institutions contained therein. Section 4. That a new Subsection 3.17.216 is created and added to Section 17 of Article 3 of the Cypress Zoning Ordinance to read, in its entirety, as follows: "3.17.216 FINANCIAL SERVICES. The provisions of this Subsection shall apply to all Financial Service uses as said term is defined in Section 151i.A of the Cypress City Code. (a) Locations Allowed. 1. Financial Services are a permitted primary use within specified commercially zoned properties as indicated in Table 2 -6 of Section 6 of Article 2 of the Cypress Zoning Ordinance subject to the approval of a Financial Services Permit pursuant to the provisions of Section 17 -51 of the Cypress City Code. 2. The tenant space shall not be located within one hundred feet (100') from any residential zone boundary or property containing a residential use, whether said residential boundary of property containing a residential use is within or outside the corporate boundaries of the City of Cypress. Measurement shall occur from the closest property line point to the residential zone boundary. 3. The tenant space shall be a minimum distance of five hundred feet (500') from any public educational use, whether or not such educational use is within or outside the corporate boundaries of the City of Cypress. (b) Existing Non - Conforming Uses. Any Financial Service use lawfully existing on the effective date of this ordinance which becomes a nonconforming use by reason of the adoption of this ordinance shall cease operation, or otherwise be brought into full compliance with the provisions of this ordinance as set forth in Subsection 5.25 of the Cypress Zoning Ordinance and Section 15H of the Cypress City Code. No nonconforming use shall be increased, enlarged, extended or altered except that the use or any portion thereof may be changed to a -7 conforming use. Any Financial Service use which becomes a nonconforming use by reason of the adoption of this ordinance shall be notified in writing of its nonconforming status by the Director of Community Development by certified mail. Such notice shall be given to the property owner of record upon such business is located, the owner of the business, and the holder of the business tax certificate (to the extent such parties are different and are identifiable and accessible). Such notice shall also identify the applicable amortization period as provided herein. Failure of any person to actually receive such notice shall not affect the validity of any proceedings pursuant to the provisions of this ordinance." Section 5. Severability. The City Council of the City of Cypress hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination therefrom of any such portion as may be declared invalid. Section 6. Savings Clause. Neither the adoption of this ordinance nor the repeal or renumbering of any other ordinance of this city shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. Section 7. Publication. The City Clerk shall certify to the passage and adoption of this ordinance, and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. This ordinance shall be in full force and effect thirty (30) days after its final passage and adoption, and within fifteen (15) full days after its final passage, the City Clerk shall cause it to be published in a newspaper of general circulation and shall post the same at City Hall, the Police Department and the Community Center. FIRST READING at a regular meeting of the Cit Council of said City held on the 26th day of April, 2010 and finally adopted and order p d at a regular meeting held on the 10th day of May, 2010. IN7 tAf■ (# MAYOR OF THE CITY OF CYPRESS ATTEST: tc-cce_ 041a_ CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of the said City Council held on the 10th day of May, 2010, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Bailey, and Narain NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None r� . 1 az-,0_441_,),1 CITY CLERK OF THE CITY OF CYPRESS -8 043