HomeMy WebLinkAbout75A - PH 230 W WARNER AVE #102REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 3, 2008
TITLE:
PUBLIC HEARING - CONDITIONAL USE
PERMIT NO. 2007-21 TO ALLOW THE GOMEZ
CHECK CASHING BUSINESS AT 230 WEST
WARNER AVENUE, SUITE 102 - ART
MARTINEZ, APPLICANT /~
C.F
CITY MANAGER
RECOMMENDED ACTION
Adopt a resolution approving
conditioned.
PLANNING COMMISSION ACTION
On December 10, 2007,
approving Conditional Use
3:2 (Betancourt and Leo
allow the operation of
Avenue, Suite 102 in the
DISCUSSION
Request of Applicant
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1S` Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Conditional Use Permit No. 2007-21 as
the Planning Commission adopted a resolution
Permit No. 2007-21 as conditioned by a vote of
opposed; Alderete and De La Torre absent) to
a check cashing business at 230 West Warner
Community Commercial (C1) zoning district.
Art Martinez, on behalf of Gumaro Gomez, is requesting the approval of
Conditional Use Permit No. 2007-21 to allow a check cashing business at
230 West Warner Avenue, Suite 102.
Property Description
The proposed check cashing business is proposed to be located on the
ground floor of an existing two-story commercial center. The existing
commercial center is approximately 21,000 square feet in size and is
located on a 1.3 acre lot. The proposed check cashing business will
occupy 983 square feet of the first floor. The first floor is comprised
of retail and restaurant businesses while the second floor consists of
offices. A total of 124 parking stalls are located on-site.
75A-1
Conditional Use Permit No. 2007-21
March 3, 2008
Page 2
The parcel is located within the Community Commercial (C1) zoning
district and has a General Plan land use designation of General
Commercial (GC). Surrounding land uses include the Manuel Esqueda
Elementary School to the north, commercial uses to the east, and light
industrial uses to the south and west (Exhibits 1 and 2).
Proiect Description
The applicant is proposing to obtain a conditional use permit to allow a
check cashing facility. The business will occupy 983 square feet within
an existing commercial center. The project will require minor interior
modifications to the unit and no exterior improvements are proposed
(Exhibit 3) The hours of operation for the check cashing business are
proposed to be from 9:00 a.m. to 6:00 p.m., Monday through Friday and
11:00 a.m. to 4:00 p.m. Saturday.
Analysis of the Issues
The applicant is requesting a conditional use permit to allow a check
cashing facility. Section 41-365.5(8) of the Santa Ana Municipal Code
(SANG) requires an approved conditional use permit to operate a check
cashing business. Additionally, Section 41-374.5(1)(a) requires that a
check cashing facility be located a minimum of a 1,000 feet from another
check cashing establishment, as measured from property line to property
line.
The proposed check cashing business is located in an existing commercial
center and is located within the appropriate commercial zoning district.
The Planning Division and Police Department have reviewed the project and
verified that no other check cashing businesses are located within 1,000
feet. The nearest facility was originally indicated at 210 East Warner
Avenue, which is approximately 1,100 feet from the proposed location.
However, staff visited the location and verified that the current owner
of the business is no longer providing a check cashing service to his
customers. Although the proposed project complies with the City's
minimum distance requirement, the public hearing process of the
conditional use permit allows for the City to individually evaluate each
proposal. There are several check cashing businesses and banking
facilities that are located within a one mile radius of the project site
and currently provide sufficient services for the community.
75A-2
Conditional Use Permit No. 2007-21
March 3, 2008
Page 3
As existing, the site is non-conforming and does not meet the City's
current development standards including landscaping and signage, as well
as the City's Building Security Ordinance. The proposed project does not
include an expansion or remodel of the existing building but only minor
interior improvements to operate the check cashing business. Therefore
the project site may remain as existing and only site maintenance issues
may be addressed with this proposal. As part of the conditions of
approval, the applicant will need to make some changes to the exterior
lighting in order to comply with the Building Security Ordinance of the
City.
On November 26, 2007, Planning Commission considered the CUP application
during a public hearing. Several comments were made regarding the
appropriateness of a check cashing business at the project site.
Additionally, the commission had concerns with the existing condition of
the site and the lack of property maintenance. The combination of both
issues prompted the Planning Commission to continue the item for two
weeks in order for staff to evaluate the appropriateness of the proposed
check cashing business and to determine what financial services were
available within one mile of the project site. In addition, the Planning
Commission instructed staff to return with findings for a denial.
The property owners have made several improvements to the site that
include painting of the building and two monument signs, repairing
portions of the parking lot, striping parking spaces, and replacing
broken signs. In the future, the owners plan to continue the
improvements with slurry sealing the parking lot, repairing the damaged
pole sign, and replacing any remaining wall signs.
Staff verified the check cashing businesses and banks within a one mile
radius of the subject site. A total of seven check cashing businesses
and two banks currently exist within the mile radius. Additionally, one
bank is currently proposed at 2407 South Bristol Street which is within
the selected area (Exhibit 4).
On January 7, 2008, the City Council approved a motion to set Conditional
Use Permit No. 2007-21 for a Public Hearing. The Council requested
additional information regarding the availability of commercial banking
services in the area for foreign nationals who hold forms of valid
identification other than a California Driver's License, Social Security
Number, United States Visa or Passport. In addition, the City Council
asked that staff investigate consumer protections available for patrons
of non-banking check cashing facilities.
75A-3
Conditional Use Permit No. 2007-21
March 3, 2008
Page 4
Commercial banking establishments, such as Bank of America, Wells Fargo
and Washington Mutual typically require two forms of identification for
those wishing to open new accounts. These banks accept Consular
Identification cards issued by foreign governments, such as the Matricula
Consular issued by the Government of Mexico, as one form of valid
identification. This practice was authorized by the United States
Treasury Department as part of the requirement that banking
establishments must require valid identification from those wishing to
open new accounts pursuant to the provisions of the U.S. Patriot Act.
Once an account is established, the bank customer is eligible for all
check cashing services provided by the bank. Consular Identification
cards are also issued by the governments of Guatemala, Argentina,
Columbia and E1 Salvador. There are currently three commercial banks
within a one-mile radius of the subject site (Exhibit 4) that accept
Consular Identification cards as a form of valid identification.
The check cashing industry is regulated by the State of California and
permits are issued from the Check Casher Permit Program through the
Attorney General's Department of Justice. A permit is required for each
check cashing establishment and is valid for one year. A permit can be
renewed; however, the permit can be revoked if the applicant violates the
provisions or regulations of the check Casher permit. A condition of
approval has been added by staff to ensure that the business obtains a
Check Casher Permit prior to the issuance of a Certificate of Occupancy.
The City Council also requested information on consumer protections
available to patrons of check cashing facilities. California Civic Code
Section 1789.35 regulates the fee amounts that can be charged for the
cashing of a check. Up to a 3 percent fee can be charged to cash a
payroll or government check if identification is provided by the
customer, or 3.5 percent without identification, or $3, which ever is
greater. In addition, a check cashing business may charge up to a 12
percent fee for cashing a personal check. If a customer feels that he or
she has been charged fees in excess of those allowed by law, they may
contact the California Department of Justice.
CEQA Compliance
In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review per Section 15301. This
Class 1 exemption allows the licensing of existing facilities with no
expansion of the existing use. Categorical Exemption Environmental Review
No. 2006-100 will be filed for this project.
7 5A-4
Conditional Use Permit No. 2007-21
March 3, 2008
Page 5
FISCAL IMPACT
There is no fiscal impact associated with this action.
Jay Trevino
E cutive Director
Planning & Building Agency
CR:rb
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EXHIBIT 4
KO- 12/5/07
RESOLUTION NO.2007-44
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2007-21 TO ALLOW A CHECK
CASHING FACILITY FOR THE PROPERTY LOCATED AT
230 WEST WARNER AVENUE, SUITE 102
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA
AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby finds,
determines and declares as follows:
A. Conditional Use Permit No. 2007-21 has been filed with the City of Santa
Ana seeking to allow a check cashing facility at 230 West Warner Avenue,
Suite 102.
B. Conditional Use Permit No. 2007-21 came before the Planning
Commission of the City of Santa Ana for a duly noticed public hearing on
November 26, 2007. The Planning Commission continued the matter to
December 10, 2007.
C. Pursuant to Santa Ana Municipal Code Section 41-365.5, a Conditional
Use Permit is required for check cashing facilities.
D. Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant a conditional use permit upon making certain
findings.
1. Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or
community?
The addition of the check cashing business will add an
additional service to the existing community. This will
provide patrons with a financial service when other
traditional banking methods are unavailable to them. Policy
2.2 of the Land Use Element encourages commercial land
uses in adequate amounts to accommodate the City's needs
for goods and services.
2. Will the proposed use under the circumstances of the particular
case be detrimental to the health, safety, or general welfare of
persons residing or working in the vicinity?
Resolution No. 2007-44
Page 1 of 7
75A-10
The proposed conditional use permit for the check cashing
business will not be detrimental to persons residing or
working in the area. Policy 5.5 of the Land Use Element
encourages projects that are compatible with and supportive
of surrounding land uses. The business will be located
within an existing commercial center. This project site is
located in an area that is comprised of mainly commercial
uses and is near the South Main Commercial Corridor
District. Lastly, the proposed use is consistent with the
requirements of the Santa Ana Municipal Code.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The check cashing business will not negatively affect the
economic stability of the surrounding area. The proposed
use is consistent with the zoning district of the property and
operates like a retail business with normal business hours.
Lastly, the conditions of approval will help to mitigate any
potential problems and will minimize the possibility of the
check cashing business affecting the economic stability for
the area.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
The proposed check cashing business meets the
requirement of the Santa Ana Municipal Code Section 41-
374.5(1)(a), which requires that check cashing businesses
maintain a minimum 1,000 foot separation between similar
businesses. The proposed check cashing business
complies with City's separation and the project has been
reviewed by City staff to ensure the business complies with
the City's standards.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed use will not adversely affect the General Plan.
The subject site is located within an area designated with the
General Plan land use designation as General Commercial.
Additionally, the site is located within an established
commercial area of the City and is also near the South Main
Commercial Corridor District.
Resolution No. 2007-44
Page 2 of 7
75A-11
E. In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review per Section 15301.
This Class 1 exemption allows the licensing of existing facilities with no
expansion of the existing use. Categorical Exemption Environmental
Review No. 2006-100 will be filed for this project.
Section 2. The Planning Commission after conducting the public hearing hereby
approves Conditional Use Permit No. 2007-21 as conditioned in Exhibit "A" attached
hereto and incorporated herein. This decision is based upon the evidence submitted at
the above said hearing, which includes but is not limited to the Request for Planning
Commission Action dated November 26, 2007 and exhibits attached thereto; the
Request for Planning Commission Action dated December 10, 2007 and exhibits
attached thereto and the public testimony, all of which are incorporated herein by this
reference.
ADOPTED this 10th day of December, 2007 by the following vote:
AYES: Commissioners: Gartner, Mill, Munoz (3)
NOES: Commissioners: Betancourt, Leo (2)
ABSENT: Commissioners: Alderete, De La Torre (2)
ABSTENTIONS: Commissioners: None (0)
Christopher Leo
Chairman
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee Otto
Assistant City Attorney
75A-12
Resolution No. 2007-44
Page 3 of 7
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the
attached Resolution No. 2007-44 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on December 10, 2007.
Date:
Planning Commission Secretary
City of Santa Ana
Resolution No. 2007-44
Page 4 of 7
75A-13
Conditions for Approval for Conditional Use Permit No. 2007-21
Conditional Use Permit No. 2007-21 is approved subject to compliance, to the reasonable
satisfaction of the Planning Manager, with all applicable sections of the Santa Ana
Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform
Building Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed below rip or to
exercising the rights conferred by this conditional use permit.
The applicant must remain in compliance with all conditions listed below throughout the
life of the conditional use permit. Failure to comply with each and every condition may
result in the revocation of the conditional use permit.
A. Planning Division
The project shall remain in compliance with Site Plan Review (DP No. 07-
44).
2. Any amendment to this conditional use permit must be submitted to the
Planning Division and Police Department for review. At that time, staff will
determine if administrative relief is available or the conditional use permit
must be amended.
B. Police Department
Existing suite and parking lot within 60 feet of the use must conform to the
provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal
Code (Building Security Ordinance). These code conditions will require
that the existing project's lighting, door/window locking devices and
addressing be upgraded to current code standards. Lighting standards
cannot be located in required landscape planters.
2. The applicant shall be responsible for maintaining the premises free of
graffiti. All graffiti shall be removed within 24 hours of occurrence.
3. Cash register must be visible from the street at all times and shall not be
obstructed at any time by temporary or permanent signage.
4. Window displays must be kept to a minimum for maximum visibility and
shall not exceed 25 percent of window coverage.
5. Window displays and racks must be kept to a maximum height of three
feet including merchandise.
Resolution No. 2007-44
Exhibit A Page 5 of 7
75A-14
6. Atimed-access cash controller must be installed.
7. Interior displays and racks must be kept to a maximum of five feet
including merchandise.
8. Install a silent armed robbery alarm.
9. There shall be no coin-operated games or pool tables maintained on the
premises at any time.
10. All pay telephones shall be located inside the licensed premises.
11. The petitioner(s) shall be responsible for maintaining the premises free of
litter.
12. The conditional use permit shall be reviewed at six months, at one year
and then annually thereafter by the Police Department for any modification
to the conditions of approval.
Resolution No. 2007-44
Page 6 of 7
75A-15
PROOF OF SERVICE
(C.C.P. SECTION 1013(a), 2015.5)
STATE OF CALIFORNIA, COUNTY OF ORANGE
I am employed in the aforesaid county; I am over the age of eighteen and not a
party to the within action; my business address is 20 Civic Center Plaza, Ross Annex
2nd Santa Ana, California 92702.
I served the foregoingg document described as: Resolution No. 2007-44
(Conditional Use Permit No. 2007-21) in this action by p acing a true copy t ereof
enc o etc in sea a enve opes a ressed as follows:
Gumaro Gomez
2905 South Griset Place
Santa Ana, CA 92704
Art Martinez
2517 South Townsend Street
Santa Ana, CA 92704
[ ] I caused to be delivered by courier, such envelope by hand to the office of the
addressee(s).
[X] BY MAIL I am readily familiar with my employer's practice of collection and
processing correspondence for mailing. Under that practice it would be deposited with
U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana,
California in the ordinary course of business. I am aware that on motion of the party
served, service is presumed invalid if postal cancellation date or postage meter date is
more than one day after date of deposit for mailing in affidavit.
[ ]The document was transmitted by facsimile transmission and was reported as
complete and without error.
I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
Executed on [date] at Santa Ana, California.
MARTHA RAMIREZ
Resolution No. 2007-44
Page 7 of 7
75A-16
KO- 2/25/08
RESOLUTION NO. 2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING CONDITIONAL USE PERMIT
NO. 2007-21 TO ALLOW A CHECK CASHING FACILITY
FOR THE PROPERTY LOCATED AT 230 WEST WARNER
AVENUE, SUITE 102
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. Conditional Use Permit No. 2007-21 has been filed with the City of Santa
Ana seeking to allow a check cashing facility at 230 West Warner Avenue,
Suite 102.
B. Conditional Use Permit No. 2007-21 came before the Planning
Commission of the City of Santa Ana for a duly noticed public hearing on
November 26, 2007. The Planning Commission continued the matter to
December 10, 2007. On December 10, 2007, the Planning Commission
voted to approve Conditional Use Permit No. 2007-21 as conditioned by a
vote of 3:2 (Betancourt and Leo opposed; Alderete and De La Torre
absent).
C. On January 7, 2008, the City Council approved a motion to set Conditional
Use Permit No. 2007-21 for a Public Hearing.
D. On March 3, 2008, the City Council held a duly noticed public hearing on
Conditional Use Permit No. 2007-21.
E. Pursuant to Santa Ana Municipal Code Section 41-365.5, a Conditional
Use Permit is required for check cashing facilities.
F. Santa Ana Municipal Code Section 41-638 authorizes the City Council to
grant a conditional use permit upon making certain findings.
Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or
community?
The addition of the check cashing business will add an
additional service to the existing community. This will
Resolution No. 2008-
Page 1 of 6
75A-17
provide patrons with a financial service when other
traditional banking methods are unavailable to them. Policy
2.2 of the Land Use Element encourages commercial land
uses in adequate amounts to accommodate the City's needs
for goods and services.
2. Will the proposed use under the circumstances of the particular
case be detrimental to the health, safety, or general welfare of
persons residing or working in the vicinity?
The proposed conditional use permit for the check cashing
business will not be detrimental to persons residing or
working in the area. Policy 5.5 of the Land Use Element
encourages projects that are compatible with and supportive
of surrounding land uses. The business will be located
within an existing commercial center. This project site is
located in an area that is comprised of mainly commercial
uses and is near the South Main Commercial Corridor
District. Lastly, the proposed use is consistent with the
requirements of the Santa Ana Municipal Code.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The check cashing business will not negatively affect the
economic stability of the surrounding area. The proposed
use is consistent with the zoning district of the property and
operates like a retail business with normal business hours.
Lastly, the conditions of approval will help to mitigate any
potential problems and will minimize the possibility of the
check cashing business affecting the economic stability for
the area.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
The proposed check cashing business meets the
requirement of the Santa Ana Municipal Code Section 41-
374.5(1)(a), which requires that check cashing businesses
maintain a minimum 1,000 foot separation between similar
businesses. The proposed check cashing business
complies with City's separation and the project has been
reviewed by City staff to ensure the business complies with
the City's standards.
Resolution No. 2008-
Page 2 of 6
75A-18
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed use will not adversely affect the General Plan.
The subject site is located within an area designated with the
General Plan land use designation as General Commercial.
Additionally, the site is located within an established
commercial area of the City and is also near the South Main
Commercial Corridor District.
G. In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review per Section 15301.
This Class 1 exemption allows the licensing of existing facilities with no
expansion of the existing use. Categorical Exemption Environmental
Review No. 2006-100 will be filed for this project.
Section 2. The City Council after conducting the public hearing hereby approves
Conditional Use Permit No. 2007-21 as conditioned in Exhibit "A" attached hereto and
incorporated herein. This decision is based upon the evidence submitted at the above
said hearing, which includes but is not limited to the Request for City Council Action
dated March 3, 2008 and exhibits attached thereto and the public testimony, all of which
are incorporated herein by this reference.
Section 3. This decision rendered by the City Council of the City of Santa Ana
is final and is subject to judicial review pursuant to California Code of Civil Procedure
section 1094.6. The Clerk of the Council shall give direct notice to the applicant of the
Council's decision and these findings.
ADOPTED this day of , 2008.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee O. Otto
Assistant City Attorney
Resolution No. 2008-
Page 3 of 6
75A-19
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of
attached Resolution No.
Council of the City of Santa Ana on
Date:
Resolution No. 2008-
Page 4 of 6
the Council, do hereby attest to and certify the
_ to be the original resolution adopted by the City
Patricia E. Healy
Clerk of the Council
City of Santa Ana
75A-20
Conditions for Approval for Conditional Use Permit No. 2007-21
Conditional Use Permit No. 2007-21 is approved subject to compliance, to the reasonable
satisfaction of the Planning Manager, with all applicable sections of the Santa Ana
Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform
Building Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed below rip or to
exercising the rights conferred by this conditional use permit.
The applicant must remain in compliance with all conditions listed below throughout the
life of the conditional use permit. Failure to comply with each and every condition may
result in the revocation of the conditional use permit.
A. Planning Division
The project shall remain in compliance with Site Plan Review (DP No. 07-
44 ).
2. Any amendment to this conditional use permit must be submitted to the
Planning Division and Police Department for review. At that time, staff will
determine if administrative relief is available or the conditional use permit
must be amended.
3. An approved Check Casher Permit issued by the California Department of
Justice, must be provided to the Planning Division prior to the issuance of
the Certificate of Occupancy. This Permit shall be maintained in full force
and effect during the life of the use.
B. Police Department
1. Existing suite and parking lot within 60 feet of the use must conform to the
provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal
Code (Building Security Ordinance). These code conditions will require
that the existing project's lighting, door/window locking devices and
addressing be upgraded to current code standards. Lighting standards
cannot be located in required landscape planters.
2. The applicant shall be responsible for maintaining the premises free of
graffiti. All graffiti shall be removed within 24 hours of occurrence.
3. Cash register must be visible from the street at all times and shall not be
obstructed at any time by temporary or permanent signage.
Exhibit A Resolution No. 2007-
Page 5 of 6
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4. Window displays must be kept to a minimum for maximum visibility and
shall not exceed 25 percent of window coverage.
5. Window displays and racks must be kept to a maximum height of three
feet including merchandise.
6. Atimed-access cash controller must be installed.
7. Interior displays and racks must be kept to a maximum of five feet
including merchandise.
8. Install a silent armed robbery alarm.
9. There shall be no coin-operated games or pool tables maintained on the
premises at any time.
10. All pay telephones shall be located inside the licensed premises.
11. The petitioner(s) shall be responsible for maintaining the premises free of
litter.
12. The conditional use permit shall be reviewed at six months, at one year
and then annually thereafter by the Police Department for any modification
to the conditions of approval.
Resolution No. 2008-
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CITY OF SANTA ANA
OFFICE OF THE CITY ATTORNEY
To: Honorable Mayor and Councilmembers
From: Joseph W. Fletcher, City Attorney
Date: February 26, 2008
Re: Item 75.A./Conditional Use Permit for check cashing business at
230 West Warner Avenue
Cc: City Manager; Clerk of the Council: Asst. City Manager; Planning Director
This memorandum is to inform the Mayor and City Council on State law protecting consumers
who make use of check cashing facilities.
The California Legislature, beginning in 1995 and continuing through the last session, has
adopted comprehensive regulations governing the conduct of check cashing businesses. The
statutory scheme, set forth in California Civil Code sections 1789.30 - 1789.38, applies to any
business that cashes checks, warrants, drafts, or money orders. The statute does not apply to
federally or state chartered institutions (such as banks or credit unions). Also excluded are retail
stores that sell food or goods so long as they charge only a very small fee (not exceeding $2) to
cash checks or money orders as an incidental service to customers.
The statutes require each check casher to:
• charge each customer a fee for cashing a "payroll check or government check" that is
limited by law to not more than " 3 percent if identification is provided by the customer,
or 3.5 percent without the provision of identification, of the face amount of the check, or
three dollars ($3), whichever is greater";
• charge each customer a fee for cashing a "personal check" not to exceed 12% of the value
of the check;
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Memorandum to Honorable Mayor and Councilmembers
February 26, 2008
Page 2
• "post a list of valid identification which is acceptable" to qualify for the lower, 3%
maximum fee (a "California driver's license, a California identification card, or a valid
United States military identification card");
• if the check casher provides its own identification card, it can charge a "fee of no more
than ten dollars ($10) to set up an initial account" and issue this card;
• "post a complete, detailed, and unambiguous schedule of all fees" for cashing checks,
issuing money orders, and issuing its own identification card;
• make these postings "clear, legible, and in letters not less than one-half inch in height.
The information shall be posted in a conspicuous location in the unobstructed view of the
public";
• obtain from the California Department of Justice an annual permit to operate as check
casher, which includes fingerprinting; the permit must be denied if the "applicant has a
felony conviction involving dishonesty, fraud, or deceit, if the crime is substantially
related to the qualifications, functions, or duties of a person engaged in the business of
check cashing." The Department of Justice has issued six pages of regulations covering
the issuance, denial and revocation of check casher permits (11 California Code of
Regulations section 990 et seq. ); and
prohibits the check casher to ask his customers to waive any of the protections of State
law by providing that any attempt to waive these protections is against public policy, void
and unenforceable.
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