31B - CHECK CASHING BUSINESS - 1647 EAST FIRST STREET

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Additionally, the approval of this variance and subsequent conditional use permit will oppose Land Use Policy 2.9 which supports developments that create a business environment that is safe and attractive, while check cashing facilities have been known historically to be locations of illicit activity. E. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance to the building setback requirement for check cashing facilities upon making certain findings. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. The subject site is located within 110 feet of an existing entitled check cashing facility which directly violates the purpose and intent of Ordinance No. NS-2412 which was to require a 1,000 foot separation between check cashing facilities in order to prevent their over- proliferation within the City's commercial areas. The existing building may be utilized for a number of office and service uses without any additional discretionary actions. No special circumstances applicable to the subject project exist to justify the granting of this variance. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of this variance would allow the property owner the ability to operate a check cashing business at this location; however, the property's location within the General Commercial (C-2) zoning district allows a variety of office and retail uses which are unconditionally permitted in this zone and similar in nature to the proposed use. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The Santa Ana Municipal Code was amended in 1999 to require a 1,000 foot separation between check cashing facilities as a way to prevent the over proliferation of this type of use and the potential for illicit activity associated with check cashing uses. The approval of this variance and subsequent conditional use permit has the potential to be detrimental to the public welfare in that by allowing a second Resolution No. 2009-11 Page 3 of 9 31 B-33