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3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The approval of this variance will be detrimental to the public welfare by intensifying the use of the site without bringing it into compliance with the minimum landscape standards. The sites lack of landscaping contributes to the general degradation of the property which has the potential to affect surrounding property values. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will adversely affect the City's General Plan by opposing several of the General Plan Land Use policies, including Policy 2.2 by allowing an additional conditionally permitted use in an area which is already accommodated by an adequate amount of banking services. Additionally, the approval of this variance 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. G. Santa Ana Municipal Code Section 41-638 authorizes the Planning • Commission to grant a variance to the parking standards 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 ofFce 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, • Resolution No. 2009-11 Page 5 of 9