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VA Nos. 2009-03, 05, 06, 07 & 09 <br />CUP No. 2009-15 <br />October 12, 2009 <br />Page 7 <br />Bank Name Address Accepts <br />Consular ID <br />Citizens Bank 2000 East Fourth St., Suite 100 No <br />Mutual Diversified FCU 2030 East Fourth St., Suite 100 No <br />Community Commerce Bank 17332 Irvine Blvd., #125, Tustin No <br />Wells Fargo Bank 1801 East Seventeenth St. Yes <br />Bank of America 2000 East Seventeenth St. Yes <br />Union Bank 1935 East Seventeenth St. Yes <br />Bank of America 2127 East Seventeenth St. Yes <br />General Plan Land Use Policy 2.2 was established to promote commercial <br />land uses in adequate amounts to accommodate the City' s needs for goods <br />and services. Staff's analysis of the availability of check cashing and <br />commercial banking facilities within the study area indicates that the <br />community has adequate access to such facilities. <br />Process to Vary From Separation Requirements <br />In seeking to reestablish the proposed check cashing facility, the <br />applicant is seeking relief from the 1,000 foot separation requirement. <br />The tool proposed to accomplish this request is the variance. <br />Variances, by definition, are designed to allow relief from development <br />standards due to a physical constraint that exists on the property. <br />Such physical constraints relate to the size, shape, topography, <br />location or surroundings of the property. Further, the separation <br />requirement is not a development standard. As stated in SAMC Section <br />41-374.5, locating a check cashing facility within 1,000 feet of another <br />such facility is strictly prohibited. As such, the findings that are <br />required in order to substantiate the need for a variance cannot be made <br />in cases with a separation requirement. <br />In order to allow this application to deviate from the separation <br />requirement, an amendment to the Santa Ana Municipal Code would be <br />required. This amendment would alter the separation requirements for <br />check cashing facilities to either no longer require a 1,000 foot <br />separation, or to create an exemption process, with objective, <br />quantifiable criteria, for cases when the separation requirement would <br />not apply. This zoning ordinance amendment would require the approval <br />of both the Planning Commission and City Council before going into <br />31 B-9 <br />