Reso 6818CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
MEANING �11-11
OF THE PLANNING COMMISSION OF THE CITY OF C1UP ERTINO
RECOMMENDING THAT T]E-1[]E CITY COUNCIL APPROVE AN ORDINANCE
AMENDING SECTION 19.08.030 OF CHAPTER 19.08 OF TITLE 19 OF THE CJPERTINO
MUNICIPAL CODE ADDING DEFINITIONS OF ""FINANCIAL INSTITUTIONS" AND
"'BANKS" THAT EXPRESSLY EXCLUDE PAYDAY ]LENDING AND CHECK CASHING
BUSINESSES WITH THE INTENT TO DISALLOW SUCH USES FROM OPERATING
WITHIN THE CITY OF CUPERTINO
PROJECT ECT D ESCRIPTION:
Application No: MCA -2016-091
Applicant: City of Cupertino
Location: Citywide
WHEREAS, pursuant to Government Code sections 65854 and 65855, the ]Manning
Commission has the authority to review and make recommendations to the City
Council regarding amendments to the City's zoning ordinances; and.-
WHEREAS,
nd.WIH1]ER EAS, the City provided all necessary legal notices for to hold a public hearing at
which the amendment to the City's zoning ordinances would be considered; and
WHEREAS, on October 11, 2016, the Planning Commission held a noticed public
hearing at which interested persons had an opportunity to testify in support of, or in
opposition to, the prop®sed amendment to the City's zoning ordinance and at which
time the ][Manning Commission considered the proposed amendment to the City's
zoning ordinance; and
WHEREAS, the City has analyzed this proposed zoning amendment and determined
that it is not a project within the meaning of section 15378 of the California
]Environmental Quality Act ("CEQA") Guidelines because it has no potential for
resulting in physical change in the environment, either directly or ultimately; and
WHEREAS, in the event that this proposed amendment is found to be a project under
CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section
15061(b)(3) because it can be seen with certainty to have no possibility of a significant
effect on the environment; and
WHEREAS, attached as ]Exhibit A is the proposed Ordinance.
NOW, THEREFORE, the Planning Commission of the City of Cupertino does hereby
resolve:
SECTION 1: FINDINGS. The Planning Commission, in light of the whole record before
it and any other evidence (within the meaning of Public Resources Code Sections
21080(e) and 21082.2) within the record or provided at the public hearing of this matter,
hereby finds and determines as follows:
1. Payday lenders are predatory businesses that target people in desperate need
of cash and charge unusually high interest rates and exorbitant fees that end
up trapping borrowers in a cycle of crippling debt and poverty; and
2. State law regulates maximum loan amounts, fees, and other aspects of how
payday lenders operate, however, local jurisdictions can enact local policies to
restrict payday loan businesses from operating within their communities
through the use of its police power.
SECTION 2: APPROVAL. The Planning Commission approves this Resolution
recommending that the City Council adopt the proposed Ordinance which is attached
hereto and incorporated herein by reference as Exhibit A.
PASSED AND ADOPTED this 11th day of October 2016, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Chair Takahashi, Vice Chair Gong, Lee, Paulsen
NOES:
COMMISSIONERS: none
ABSTAIN:
COMMISSIONERS: none
ABSENT:
COMMISSIONERS: Sun
ATTEST:
Benjamin Fu
Assist. Community Development Director
APPROVED:
Alan Takahashi
Chair, Planning Commission