31B - CHECK CASHING BUSINESS - 1647 EAST FIRST STREET

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VA Nos. 2009-03, 05, 06, 07 & 09 CUP No. 2009-15 October 12, 2009 Page 3 property address. Therefore, when the applicant vacated the 1620 East First Street location, which had an approved CUP for check cashing, she was unable to reestablish this use at the new location of 1647 East First Street without the issuance of a new CUP for check cashing. The applicant then applied for a conditional use permit and variances in order to operate a check cashing facility at 1647 East First Street, Suite A. During the review of this application it was determined that the proposed check cashing facility would be within 1,000 feet of an existing approved check cashing facility and, as such, would be in violation of Section 41-374.5 of the Santa Ana Municipal Code which requires the 1,000 foot separation between check cashing businesses. The applicant was notified of this situation, but chose to pursue a variance application to seek relief from the separation requirement. Variance No. 2009-03, an application to vary from the separation requirement for check cashing establishments, was heard at the Planning Commission meeting of August 24, 2009. After a presentation outlining the staff recommendation of denial, testimony from the public and a discussion of the issues surrounding this project, the Commission voted to continue the item for 30-days to allow staff time to work with the applicant on the design and improvements to the building, analyze and bring forward for review the additional discretionary actions required for the project, develop appropriate conditions should the Commission move to approve the items and to gather further information regarding check cashing operations and the use of the Matricula Consular identification card. Due to the number and complexity of the each of the required discretionary actions surrounding this project, they have been identified and analyzed separately in the subsections that follow. Background on 1,000 Foot Separation Requirement and Check Cashing CUP Requirement The applicant is requesting relief from the separation requirement for check cashing facilities in the General Commercial (C-2) zone, as well as a CUP to allow for a new check cashing facility. In December 1999, Ordinance No. NS-2412 was adopted to require a conditional use permit for check cashing establishments. At that time the City was concerned with the recent proliferation of check cashing businesses in various retail centers citywide and the potential for criminal activity that can 31 B-5