31A - CUP SERVIMAX FINANCIAL CHECK CASHING

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Conditional Use Permit No. 2008-04 May 12, 2008 Page 2 Project Description The applicant is requesting a conditional use permit to allow a check cashing facility in conjunction with a Metro PCS Wireless store. The proposed business will offer a variety of both financial and wireless services. The business will occupy 2,220 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). All permanent wall signage for the facility will identify the business as Metro PCS, with Servimax Financial limited to window signage as permitted by the Santa Ana Municipal Code. The hours of operation for the check cashing business are proposed to be from 8:00 a.m. to 5:00 p.m., seven days a week. Analysis of the Issues The property's zoning designation allows check cashing facilities subject to a conditional use permit per section 41-412.5 (g) of the Santa Ana Municipal Code (SANG). Additionally, section 41-374.5(1)(a) requires that a check cashing facility be located a minimum of 1,000 feet from another check cashing establishment, as measured from property line to property line. The requirement for both the conditional use permit and separation between check cashing facilities was added to the Municipal Code in 1999. Prior to this zoning ordinance amendment check cashing facilities were permitted by right in all commercial zones subject to approval by the Police Department. As a result of concerns from the Planning Commission that check cashing facilities were proliferating within the City's commercial zones and were often associated with illegal activities, standards were recommended to regulate the quality and location of these uses. Following a study of surrounding jurisdictions, staff concluded that a 1,000 foot separation requirement would sufficiently space check cashing facilities while still offering a reasonable walking distance for pedestrian clients. The conditional use permit would allow Commissioners and staff to place conditions necessary to mitigate any potentially negative impacts associated with its use. As a result of recent applications for check cashing businesses, the Planning Commission and City Council have expressed new concerns regarding the perceived predatory nature of check cashing facilities on its customers. Specifically, concerns about high service fees charged to patrons who are not able to utilize commercial banks, and the lack of identification required in order to cash checks. The Planning Commission and City Council have also expressed concern regarding the quality of the 31 A-3