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HomeMy WebLinkAboutORD 1279ORD 127979wV ×P@e URGENCY ORDINANCE NO. 1279 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, ADOPTING A CITYWIDE MORATORIUM ON CHECK CASHING FACILITIES, MONEY WIRING FACILITIES AND FREESTANDING ATM KIOSKS AND DECLARING THE URGENCY THEREOF WHEREAS, check cashing establishments, moneywiring facilities, and freestanding ATM kiosks Personal Financial Management Uses") have been proliferating throughout the City; and WHEREAS, the Baldwin Park Municipal Code does not have any performance standards or specific criteria to regulate the placement and construction of these types of uses, which, while providing service to the public, also potentially generate adverse impacts as they serve as the focus for persons seeking to commit crimes and may also create parking and other land use issues when they are placed on the site of existing businesses; and WHEREAS, the planning department is presently studying zoning proposals and other regulations to address those adverse impacts and to develop appropriate standards and criteria for the placement of such uses, and the adoption of this urgency measure prohibiting the approval of any subdivision, use permit, variance, building permit, or any other applicable entitlement for use for any of such uses while such study proceeds is necessary to protect the public safety, health and welfare. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ORDAINS AS FOLLOWS: SECTION 1. The City Council hereby adopts each recital set forth above as a finding of the City Council. SECTION 2. The City Council further finds that the development of additional Personal Financial Management Uses without appropriate mechanisms, as permitted by law, to regulate such Uses constitutes a current and immediate threat to the public health, safety or welfare. SECTION 3. Pursuant to Government Code 65858, the City Council hereby declares a citywide moratorium on the issuance of any permits, approvals, or entitlements for use for development of any such Personal Financial Management Use, including but not limited to any subdivision, use permit, variance, building permit, or any other applicable permit or entitlement for use which is required in order to comply with the City's zoning ordinances in the establishment or operation of any such Personal Financial Management Use. ORD 127979wV ×P@e Urgency Ordinance No. 1279 Page 2 SECTION 4. This ordinance is an interim ordinance adopted pursuant to Government Code 65858 and shall take effect immediately. This ordinance shall expire forty-five 45) days after the date hereof unless extended pursuant to the provisions of said section. SECTION 5. If any part or provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of this ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this ordinance are severable. APPROVED, PASSED AND ADOPTED this 15th y Fe ary, 2006. MA EL M O ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, LAURA M. NIETO, Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance 1279 was adopted as an urgency matter at a regular meeting of the City Council held February 15, 2006, by the following vote of the Council: AYES: COUNCILMEMBERS: Anthony J. Bejarano, Marlen Garcia, Ricardo Pacheco, Mayor Pro Tern David J. Olivas and Mayor Manuel Lozano NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE URA M. NIETO DEPUTY CITY CLERK BIB] 38790-U01 ORD-U02 1279-U02 LI2-U03 FO8535-U03 FO84123-U03 DO84124-U03 C5-U03 ORDINANCES-U03 3/13/2006-U04 ROBIN-U04