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check cashing facility within 1,000 feet of another facility will only <br />increase the potential for illicit activity. <br />4. That the granting of a variance will not adversely affect the General <br />Plan of the City. <br />The granting of the variance will adversely affect the City's General <br />Plan by opposing several of the General Plan Land Use policies, <br />including Policy 2.2 by allowing an additional conditionally permitted <br />use in an area which is already accommodated by an adequate <br />amount of banking services. Additionally, the approval of this <br />variance will oppose Land Use Policy 2.9 which supports <br />developments that create a business environment that is safe and <br />attractive, while check cashing facilities have been known <br />historically to be locations of illicit activity. <br />F. Santa Ana Municipal Code Section 41-638 authorizes the Planning <br />Commission to grant a variance to the landscape standards for check <br />cashing facilities upon making certain findings. <br />That because of special circumstances applicable to the subject <br />property, including size, shape, topography, location or surroundings, <br />the strict application of the zoning ordinance is found to deprive the <br />subject property of privileges not otherwise at variance with the intent <br />and purpose of the provisions of this chapter. <br />The subject site is located within 110 feet of an existing entitled check <br />cashing facility which directly violates the purpose and intent of <br />Ordinance No. NS-2412 which was to require a 1,000 foot separation <br />between check cashing facilities in order to prevent their over- <br />proliferation within the City's commercial areas. The existing building <br />may be utilized for a number of office and service uses without any <br />additional discretionary actions. No special circumstances applicable <br />to the subject project exist to justify the granting of this variance. <br />2. That the granting of a variance is necessary for the preservation and <br />enjoyment of one or more substantial property rights. <br />The granting of this variance would allow the property owner the <br />ability to operate a check cashing business at this location; however, <br />the property's location within the General Commercial (C-2) zoning <br />district allows a variety of office and retail uses which are <br />unconditionally permitted in this zone and similar in nature to the <br />proposed use. <br />Resolution No. 2009-11 <br />Page 4 of 9 <br />31 B-34 <br />