TITLE
Recommendation to receive supporting documentation into the record, conclude the hearing, deny the appeal by Lee Fukui and Mauna Eichner, and uphold the decision of the Planning Commission approving a Conditional Use Permit to establish a consumer finance lender located at 2004 Ximeno Avenue, Suite 200, within the Community Automobile-Oriented (CCA) zoning district. (District 4)
DISCUSSION
On September 18, 2012, the hearing of this appeal was continued to November 13, 2012, pending discussion of a moratorium on payday lending, vehicle title loan, or check cashing businesses. On October 2, 2012, the City Council adopted a minute order which initiated a moratorium and on October 23, 2012, the City Council adopted a one year moratorium as an urgency ordinance. Second reading of the moratorium ordinance is scheduled for November 13, 2012.
The moratorium specifically exempted those businesses “in the pipeline” who had submitted complete applications to the City before October 2, 2012. The Conditional Use Permit application for the location at 2004 Ximeno Avenue, Suite 200, was received on March 28, 2012, and was deemed complete and on July 19, 2012, and is therefore considered to be exempt from the provisions of the moratorium recently adopted by the City Council.
Even though this application is exempt from the moratorium, it is still required to adhere to all of the normal procedures attendant to the issuance of a Conditional Use Permit (CUP). The Planning Commission approved the CUP at a public hearing on July 19, 2012, and adopted Findings in support of its determination. Thereafter, the decision of the Planning Commission was appealed to the City Council. Included in the Council’s agenda packet are copies of the September 18, 2012 Council Letter from Development Services staff, together with supporting Findings and other supporting materials.
SUGGESTED ACTION
Approve recommendation.
Respectfully Submitted,
ROBERT E. SHANNON, City Attorney
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