HomeMy WebLinkAbout31B - CHECK CASHING BUSINESS - 1647 EAST FIRST STREETREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 2, 2009
TITLE:
VARIANCE NOS. 2009-03, 2009-05,
2009-06, 2009-07 AND 2009-09 AND
CONDITIONAL USE PERMIT NO. 2009-15
TO ALLOW A CHECK CASHING BUSINESS AT
1647 EAST FIRST STREET, SUITE A - JC
INTERNATIONAL „SERVICES, APPLICANT
`~
L
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15f Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Receive and file the staff report denying Variance Nos. 2009-03, 2009-05,
2009-06, 2009-07, 2009-09 and Conditional Use Permit No. 2009-15.
PLANNING COMMISSION ACTION
On October 12, 2009, the Planning Commission adopted a resolution denying
Variance Nos. 2009-03, 2009-05, 2009-06, 2009-07, 2009-09 and Conditional
Use Permit No. 2009-15 by a vote of 5:0 (Yrarrazaval absent) to not allow
a check cashing facility in the General Commercial (C2) zoning district
at 1647 East First Street, Suite A. The Planning Commission made no
changes to the attached staff report (Exhibit A).
FISCAL IMPACT
There is no fiscal impact associated with this action.
/~~
Ja Trevino
Executive Director
Planning & Building Agency
MF:rb
mf\reports\cup09-15va09-3,5,6,7&9 1647 E First Check Cashing.cc
31 B-1
31 B-2
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
OCTOBER 12, 2009
TITLE:
PUBLIC HEARING - FILED BY JC INTERNATIONAL
SERVICES FOR VARIANCE NOS. 2009-03, 2009-05,
2009-06, 2009-07 AND 2009-09 AND CONDITIONAL
USE PERMIT NO. 2009-15 TO ALLOW A CHECK
CASHING BUSINESS AT 1647 EAST FIRST STREET,
SUITE A
Prepared by Matt Foulkes
~~i~
Executive D' ctor
RECOMMENDED ACTION
Planning Commission Direction.
DISCUSSION
Request of Applicant
PLANNING COMMISSION SECRETARY
APPROVED
^ As Recommended
^ As Amended
^ Set Public Hearing For
DENIED
^ Applicant's Request
^ Staff Recommendation
CONTINUED TO
~~
Planning anager
Ms. Maria Guererro, on behalf of JC International Services, is requesting
approval of variances from the check cashing separation requirements,
minimum lot size, building setbacks, landscaping and parking as well as a
conditional use permit in order to operate a check cashing facility at
1647 East First Street, Suite A.
Property Description
The subject site is a 0.12 acre parcel of land located on the north side
of First Street between Lyon and Mabury Streets. The site is currently
developed with a 3,245 square foot multi-tenant commercial building. JC
International Services occupies a 1,100 square foot tenant space within
the building and provides a variety of financial services, including
insurance, tax preparation and money wiring. The remainder of the
building is currently vacant. The General Plan land use designation for
this site is General Commercial (GC), and it is located within the General
Commercial (C-2) zoning district. Surrounding land uses include
residential to the north and a mixture of commercial and hotel uses to the
east, south and west (Exhibits 1 and 2).
EXHIBIT A
31 B-3
VA Nos. 2009-03, 05, 06, 07 & 09
CUP No. 2009-15
October 12, 2009
Page 2
Project Description
The applicant wishes to add check cashing as a service offered within the
tenant space they occupy as JC International Services. The check cashing
facility would occupy approximately 100 square feet of JC International's
existing tenant space (Exhibit 3). There is an existing Conditional Use
Permit for a check cashing facility within 1,000 feet of the applicant's
proposed check cashing location, which does not comply with the separation
requirement for check cashing facilities contained in the Santa Ana
Municipal Code(SAMC). The applicant seeks relief from this requirement.
In addition, the property has a number of non-conformancies for which the
applicant is seeking several variances from the SAMC's development
standards for C-2 properties. These variances include minimum lot size,
building setbacks, landscaping and parking. Finally, the applicant is
seeking a conditional use permit in order to allow a check cashing
facility at the subject property.
The applicant proposes to make minor interior modifications to accommodate
the check cashing use and will also make a number of repairs to the site
to address the existing non-conformancies and bring the site into closer
compliance with the code. These repairs include: addition of a trash
enclosure, re-striping the parking lot, removing security bars from the
windows, installing landscaping by adding stone planter boxes and veneer
along the base of the building, raising the parapet on the front portion
of the building and installing a decorative cornice in order to screen
existing roof mounted equipment, removal of a non-conforming projecting
sign, relocation of the primary entrance and installation of new
storefront glass (Exhibit 4). The proposed hours of operation for the
check cashing business will be from 9:00 a.m. to 7:00 p.m., Monday through
Friday and 9:00 a.m. to 5:00 p.m. on Saturday.
Analysis of the Issues
Background
The applicant previously operated her business, JC International Services,
including check cashing pursuant to an approved CUP at a leased tenant
space located at 1620 East First Street, Suite E. In 2009, the applicant
purchased the building located at 1647 East First Street and relocated JC
International Services to the new location. Conditional Use Permits are
said to "run with the land" and, as such, cannot be transferred to a new
31 B-4
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
VA Nos. 2009-03, 05, 06, 07 & 09
CUP No. 2009-15
October 12, 2009
Page 4
be associated with this type of use. The primary goals of the ordinance
were to require a separation between check cashing establishments to
limit their numbers and to require a conditional use permit to review
each request on an individual basis and apply appropriate conditions.
Section 41-374.5 of the Santa Ana Municipal Code (SAMC) requires a
minimum separation of 1,000 feet between check cashing facilities, as
measured from property line to property line. This distance requirement
was adopted by the City Council in 1999, as part of the ordinance that
established the CUP requirement.
Separation requirements are not unique to check cashing establishments
and are used in several instances within the Municipal Code for uses
that have been determined to have a negative impact to surrounding uses
and/or that generate crime when they are located in dense quantities
within a given area of the City. Off-site alcohol licenses for markets
less than 20,000 square feet are an example of a use with a separation
requirement. Similar to the rationale employed for check cashing
establishments, it was determined that, based on studies performed by
other jurisdictions and analyses of Santa Ana's crime statistics, an
over concentration of small markets and liquor stores selling alcohol
may create both visual blight and can lead to an increase in criminal
activity. Another example is massage establishments which also have a
1,000 foot separation requirement from both other primary massage
establishments, as well as adult entertainment uses. Again, similar to
check cashing businesses, it was determined that, while the use itself
does not necessarily result in negative impacts to the surrounding area,
the over proliferation of the use may cumulatively have a negative
impact.
Existing Status of Check Cashing Facilities within 1,000 Feet of JC
International Services
Business license and Certificate of Occupancy records
applicant was approved to operate an office use at 1620
Suite E in 2000. In 2002, the applicant applied
Conditional Use Permit No. 2002-23 to operate a check
this location. JC International Services' proposal t
East First Street places them 110 feet from their
1620 East First Street. JC Check and Cash, which wa
the applicant, was located within the commercial c
side of First Street. Although JC Check and Cash
move to its new location at the subject site, the con
indicate that the
East First Street,
for and received
cashing facility at
o relocate to 1647
former location at
s also operated by
enter on the south
closed in order to
ditional use permit
31 B-6
VA Nos. 2009-03, 05, 06, 07 & 09
CUP No. 2009-15
October 12, 2009
Page 5
that was approved at 1620 East First Street, Suite E remains valid at
the current property and allows another check cashing business to occupy
the space within a one year time period. On September 28, 2009, Cash
Multi-Service submitted a Certificate of Occupancy and business license
application to open a new check cashing facility in Suite E. Cash
Multi-Service is able to utilize the existing conditional use permit and
begin operating under the original conditions of approval without any
further discretionary actions or public hearing. Although Cash Multi-
service currently operates as a money transfer business, following the
approval of a check casher's license by the state, they will begin the
check cashing component of the business without any additional City
review. This new check cashing facility eliminates the possibility that
the applicants' previous site will remain vacant or utilized for a
business other than a check cashing facility, further intensifying the
number of check cashing facilities in the area.
Background on Check Cashing Facility Services and Commercial Bankin
Services
The check cashing industry is regulated by the State of California and
permits are issued from the Check Casper Permit Program through the
Attorney General's Department of Justice. A permit is required for each
check cashing establishment and is valid for one year. Although it may be
renewed annually, a permit can also be revoked if the applicant violates
the provisions or regulations of the check casher permit. Additionally,
Section 1789.35 of the California Civil Code regulates the fee amounts
that can be charged for the cashing of a check. Up to a three percent fee
can be charged to cash a payroll or government check if identification is
provided by the customer, or three and a half percent without
identification. For personal checks, the check cashing business may
charge up to 12 percent. If a customer feels that they have been charged
fees in excess of those allowed by law, they may contact the California
Department of Justice.
Check cashing facilities provide a variety of financial services similar
to commercial banking institutions with one important difference being a
requirement for identification. Commercial banking establishments
typically require two forms of identification to open new accounts.
Until recently, this identification requirement meant that foreign
nationals who hold valid identification other than a California Driver's
License, Social Security Number or a United States Visa or Passport had
to seek out alternative banking options. Several commercial banks,
31 B-7
VA Nos. 2009-03, 05, 06, 07 & 09
CUP No. 2009-15
October 12, 2009
Page 6
including Bank of America, Bank of the West, JP Morgan Chase, Union Bank
and Wells Fargo, now accept Consular Identification cards issued by
foreign governments such as the Matricula Consular issued by the
Government of Mexico as one form of valid identification. This practice
was authorized by the United States Treasury Department as part of the
mandate that banking establishments require valid identification from
those wishing to open new accounts pursuant to the provisions of the
U.S. Patriot Act. Once an account is established, the bank customer is
eligible for all check cashing services provided by that bank.
In December, 2008 Governor Schwarzenegger launched the "Bank on
California" program to increase the number of Californians with bank
accounts. According to the Office of Planning and Research, one in five
Californians do not have a checking account, and will spend up to five
percent of their annual income cashing checks each year. Currently, of
Santa Ana's 60 banks and credit unions, 30 have already signed on to
accept Consular Identification cards (Exhibit 5). Additionally, on
August 26, 2009, Mayor Pulido sent a letter to various banks within
Santa Ana to encourage them to join the "Bank on Santa Ana" program and
begin to accept Consular Identification cards as a valid form of
identification. This recent push for additional banks and credit unions
to begin accepting the Consular card as a valid form of identification
will likely result in an increase in that number. The opening of an
account with a commercial bank or credit union is often the first step
towards establishing a credit history and provides a free or low-cost
way to begin saving money for the future, in addition to allowing wage
earners to keep more of their paychecks.
Availability of Check Cashing and Banking Services in the Area
In addition to Cash Multi-Service, there are six other check cashing
businesses located within a one mile radius of the project site that
provide the same or similar financial services as the proposed facility.
Excluding Cash Multi-Service, the next nearest check cashing facility is
located approximately 1,631 feet from the subject property at 1325 East
First Street, with another facility located 2,165 feet from the subject
property at 218 North Grand Avenue (Exhibit 6). There are also five
commercial banks within the one-mile radius of the proposed check
cashing facility and two additional banks just outside of the one-mile
radius ring. The following table lists these banks and their current
ability to use Consular identification. They are arranged in order of
proximity to the subject address.
31 B-8
VA Nos. 2009-03, 05, 06, 07 & 09
CUP No. 2009-15
October 12, 2009
Page 7
Bank Name Address Accepts
Consular ID
Citizens Bank 2000 East Fourth St., Suite 100 No
Mutual Diversified FCU 2030 East Fourth St., Suite 100 No
Community Commerce Bank 17332 Irvine Blvd., #125, Tustin No
Wells Fargo Bank 1801 East Seventeenth St. Yes
Bank of America 2000 East Seventeenth St. Yes
Union Bank 1935 East Seventeenth St. Yes
Bank of America 2127 East Seventeenth St. Yes
General Plan Land Use Policy 2.2 was established to promote commercial
land uses in adequate amounts to accommodate the City' s needs for goods
and services. Staff's analysis of the availability of check cashing and
commercial banking facilities within the study area indicates that the
community has adequate access to such facilities.
Process to Vary From Separation Requirements
In seeking to reestablish the proposed check cashing facility, the
applicant is seeking relief from the 1,000 foot separation requirement.
The tool proposed to accomplish this request is the variance.
Variances, by definition, are designed to allow relief from development
standards due to a physical constraint that exists on the property.
Such physical constraints relate to the size, shape, topography,
location or surroundings of the property. Further, the separation
requirement is not a development standard. As stated in SAMC Section
41-374.5, locating a check cashing facility within 1,000 feet of another
such facility is strictly prohibited. As such, the findings that are
required in order to substantiate the need for a variance cannot be made
in cases with a separation requirement.
In order to allow this application to deviate from the separation
requirement, an amendment to the Santa Ana Municipal Code would be
required. This amendment would alter the separation requirements for
check cashing facilities to either no longer require a 1,000 foot
separation, or to create an exemption process, with objective,
quantifiable criteria, for cases when the separation requirement would
not apply. This zoning ordinance amendment would require the approval
of both the Planning Commission and City Council before going into
31 B-9
VA Nos. 2009-03, 05, 06, 07 & 09
CUP No. 2009-15
October 12, 2009
Page 8
effect and would also require the continuance of the subject
applications until the new regulations go into effect. This same
process could also potentially apply to other uses, such as alcohol
sales, that have separation requirements.
Site Variances
Part of the analysis for all conditional use permits is to determine if
the project is in compliance with all applicable sections of the Municipal
Code. Both the lot size and the existing buildings location result in the
site's nonconformance with several development standards within the
General Commercial (C-2) zoning district. These nonconformities include:
lot size, building setback, landscaping and parking. As no modifications
to the building footprint are proposed, variances will be required from
each of these development standards in order to comply with the Municipal
Code. Although the site's existing conditions prevent the applicant from
complying with the development standards in the General Commercial (C-2)
zone, the applicant is proposing several improvements to bring the site
into closer compliance, including the restriping of the parking lot to
meet City standards and the installation of landscape planter boxes
adjacent to the building. The addition of check cashing at this site will
be incorporated into the existing building footprint and will not increase
the amount of required off-street parking, however; the addition of a
check cashing use within this space will likely result in an increased
number of patrons, which will further exacerbate an already under parked
site.
Conditional Use Permit
Staff has analyzed each of the required discretionary actions and is
unable to make the necessary findings to recommend approval of this
project. Based upon the analysis of the project and the project's
incompatibility with the City's General Plan, applicable development
standards, and proximity to other check cashing and banking institutions,
staff recommends that the Planning Commission deny Variance No. 2009-03,
Variance No. 2009-05, Variance No. 2009-06, Variance No. 2009-07, Variance
No. 2009-09 and Conditional Use Permit No. 2009-15 (Exhibits 7 through
12) .
31 B-10
VA Nos. 2009-03,
CUP No. 2009-15
October 12, 2009
Page 9
CEQA Compliance
05, 06, 07 & 09
In accordance with the California Environmental Quality Act, the proposed
project is exempt from CEQA review per Section 21080(5). This subsection
applies to projects in which the public agency disapproves of the request.
Should the project ultimately be approved, further environmental review
may be required. Environmental Review No. 2007-102 will be filed for this
project.
~~~
Matt Foulkes, LEED AP
Assistant Planner I
MF: jm
mf\reports\cup09-15va09-3,5,6,7&9 1647 E First Check Cashing.pc
/~_
Vince Fregoso, CP
Principal Planner
31 B-11
Al GENERALAGRICULTURAL
-B PARKING MODIFICATION
C1 COMMUNITY COMMERCIAL
C1-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT
C2 GENERAL COMMERCIAL
C3 CENTRAL BUSINESS
C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE
C4 PLANNED SHOPPING CENTER
C5 ARTERIAL COMMERCIAL
CR COMMERCIAL RESIDENTIAL
C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT
-F FLOOR AREA RATIO
GC GOVERNMENT CENTER
M1 LIGHT INDUSTRIAL
M2 HEAVY INDUSTRIAL
MO MILITARY OPERATIONS
0 OPEN SPACE
-OZ OVERLAY ZONE
P PROFESSIONAL
PCD PLANNED COMMUNITY DEVELOPMENT
PD PLANNED DEVELOPMENT
PRD PLANNED RESIDENTIAL DEVELOPMENT
R1 SINGLE-FAMILY RESIDENCE
R2 TWO-FAMILY RESIDENCE
R3 MULTIPLE-FAMILY RESIDENCE
R4 SUBURBAN APARTMENT
RE RESIDENTIAL ESTATE
SD SPECIFIC DEVELOPMENT
SP SPECIFIC PLAN
VAR 09-3
JC INTERNATIONAL SERVICES
- CHECK CASHING ~'
1647 EAST FIRST STREET, SUITE A - - =500 FEET
1" = 1000 FEET
P L A N N I N G A N D B U I L D I N G A G E N C Y
VICINITY MAP
1~! 1
I N D U S T R I A L '
MARK STREET
O
j
~ PROJECT N
W SITE
~' VACANT
C M ERCIAL H O T E L N
H O T E L
~
,
~'~'~ m
,
~ a
.1 r~
~ C5
G
FIRST STREET
PARK
Z
J
Z
C O M M E R C I A L ~
J
J H O T E L W
OFFICES
OFFICES
VAR 09-3
T~
JC INTERNATIONAL SERVICES
....~~... CHECK CASHING ~'
1647 EAST FIRST STREET, SUITE A
P L A N N I N G A N D B U I L D I N G A G E N C Y
W
J
F F I C E S
W
J
Z
W
J
H O T E L
J
LAND USE MAP
3 ~'~~B'~T~
u°
(E) CMU wall.
ELEC.
PANEL
~a
D
Existing ofice rentai(
UNIT "B,.
(E) CMU wall. -~ ~¢
Existing office rentail
STORAGE
~,,,~-~~ AREA
NEW PLANTER
NEW 1RASF3
ENCLOSURES
r~~~
r 3
F.~~.
Trxisting office rentail
UNIT "A"
~ \
E%l9[
~. Ing
~Om ~ O
~~ I .-PARKING LOT STRIPED
~ PER CITY STANDARDS
~
g A
3
5
"'
/ ~`~ ~
~
\
v ~~ O
2
J ~ EXISTING
S PAR
KI
NG
CASHER
ROOM
i~~
O ^
/
\
~ J~
V
C
(E)
(~ CL
-~` 2'-9" ~ 2'-9" ~2'-9~ 2'-9" ~ 3'
NEW PLANTER
12'x" (E) CONC.
~ SIDEWALK.
NOTE
EXIT DR SHALL BE OPENABLE FROM
THE INSIDE W/O THE USE OF KEY
OR ANY SPECIAL KNOWLEDGE OR EFFORT.
EXHIBIT 3
31 B-14
(E) CONC.
SIDEWALK.
u I
EAST 1st. ST
11-
~i
U
U
O
cis
a~
E.u
a~
L
,~,...
L
li 'I
;,
~.
;~
~~
~~~
E,
`~... O
~~
~= ~~ ,
~. >
a~
~r ' ~.
W
m
a~
~~~
i.' ~~5
`~ a
0
B~
-~
J
EXHIBIT 4
31 B-15
M
M
~ M
M
O
~ ~
~ N
N p
~
~
O
O CO
M
N
N
ti N
~ ~
O
O M
~
0 Q
U o N ~ ~ ~ ~ ~ d' ~ ~ M N MO N
0
~ ~ O ~ O O O O p In ~ W Q ~ CO ~ N O N M O ~ Q) ~ 0 N
M U U O ~
O Q ~ N M N U ~ U ~ pNj N N N V O ~ O N d7 N ~ C
O OOO ~ N Q O N
J °
: ~ o Q o o Q ~ c o U o Q Q ~ Z U o U U rn c M M U U
.
Z
Q V
Q o o
Q c
h
O o o A
A o o 0 0
y R O
~ N
O U N N
Q N
O
m N
f6
~ N U U
' Q
Q ~ N ~
C ~
N
m ~
N Q
~
N ~
N ti
N p
~ 1~
N Q
Z
N 1~
N ~
N ~
N
y U N Q O O) Q Q .
-' O c C O m m ~ H C O Q Q1 C O U c O O N O Q C O O) 61
a> rn Q z Q Q ~ c~ m Q Q Q Q ~ ~ c z Q Q Q a Q ~ m °' °'
Q ¢
_ U Q U Q U U Z cn U m ~a U Q Q m Q ~° U m CJ ~° U c ~ Q U U Q U -
- «° V U U
_
y U Q Q cd co Q m
c o cv c c cd :4 m cn cn c
m
m c
m
d c
d Q Q U U Z c
~ c ca Z I- c c ~
Q ~ c m m c c
m c
m o o
~
c cn c
c m
cA c
c m
~
m co
c ca
c
cd cu
c Q m ~
c ca id
c
= Q Q Q m ~ m m w w ~ cn fn o
M o J Q Q J Q ~ Q Q Q c Q ~ ~ Q c
Q Q
m ~ H ~ o ~ ~ w W a :° a ~ a ~ fn c
~ ;° :
° Q :° ¢ ~a c
a
~ c~a
Z
z c
m c
m
~
~
~ c
m >
Q >
Q ~
m
Q
> ~
c ~
c
~
c
W
m
~
~
F-
w m
~ .
_
c
m
~ cn
m ~ ~
c
m c
m
Q
J
(n
(n
c
U
~
U Q
~
~
W c
a
fn
(n
W
U
C/1
> c
m m
c >'
Q m c
o
(n
fn
~
F-
H
~ 0 ~
F-
W ~
w
F- ~ ~
F-
F-
~
H ~
~
J
Q
~ U U m
~ U
~
~ (n Cn (n
~
H
H
Q'
U
Cn
H- ~ ~
N
U
Z
U
W
W
U
U
~
U
U ~
N
~ ~
U
O
0
~ ~ ~
F- ~
F~-
p ~
~
~
m U U Q Z Z U W W z Z z ~ ~ z z Q Z Q z cq cn N cn (n
~
=
=
~
¢
a
=
Q
O Q
a
Q
Q
a
a
¢
~ =
~ Q 2
~ fn
~ l- _
f- =
~-
= Z ~ O z 2 Z
_
~
~
~
~
~
~ ~
o ~
o
~
w
~
~
~
~
~
~ ~
~
~
'~
~
'~
m
"'
~
~
v
~
"'
m
~ F-
`~
~
z cn w w z ~ ~ cn c
n O _
z ~ ~ w ~ z w w z z w cn ~ w w w z z ~ w w w cn ~ z z w cn
O
N
M Cn
C!) 1~
O
f~ ~
In O
O 00
O I~ a0 cD
O c0
N N
N c0
O
O O
N O
~
0 O O ~ t(7 O O ~ ~ N ~
O
O
O
O
O
N
N
M
M
M
V
~
C[)
CO
O
~
~
~
~ t
ti O
O ~
O O
O
~ M
O O
O O
O O
O
O
~ N N O
r
r
r
~
r
r-
r
.--~
r
~--
~
•--
~
•---
~
.-
~
r
~
r
r-
~
~-
~
r
~
r
N
N
N
N
N
N
N M
N
~ Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z
O O O O _O O O O O _O O O O O _O O O O 0 0 0 0 0 0 O O O O O O O
I- Fq-
LL Q
CL ~H
LL 1q-~
LL QH
LL 1Q-~
LC F-
~ Fq-
LL f-
~ Fq-
LL F-
~ H
~ IQ-
LL QH
C
L Fq-
LL QH
LL F-
~ _
FQ- qH H
~ QH Hq- qH Fq- _
IQ-~ Fq- _
FQ-- qH F-
~ QH Fq-
y
0
0
0
0
0
0
0
0
0
0
0
O
O .
O
O
O
O L.L
O LL
O
O (.L
O CL
O CL
O LL
O LL
O LL
O LL
O LL
O
O CL
O LL
O
y a
~ o_
~ a
~ a
~ a
~ a
~ a a a a a
N a
~ a ~ a a m a d a. a ~ a a a a a a ~ a d
y
0 ~ ~ ~ ~ ~
z ~
z ~ ~ ~ N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
= 0 0 0 0 0 0 0 0 0 0 O O 0 0 z O z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
~ U U U U U U U U U U U D U ~ U U U ~ U ~ U U U U U U U U U U U U U U U
y J
g J
Q J
¢ J
Q J
a J
a J
Q J J J J Z J Z J J J Z J Z J J J J J J J J J J J J J J J
~ a Q a Q ~ Q ~ Q a Q ~ Q ~ Q Q Q Q g Q Q g Q ¢ Q Q a Q Q
m U v v ~ v v v v v v v ~- v ~- v v v ~- v ~ ~ v v ~ v v ~ v v ~ v ~ v v ~
z z z z z z z z z z z o z o z z z o z o z z z z z z z z z z z z z z z
Q
z Q
z Q
z Q Q Q Q Q Q Q Q w Q w Q Q Q ,,,, Q ,,,, Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q
~ z z z z z z z z ~ z ~ z z z ~ z ~ z z z z z z z z z z z z z z z
~ ~ ~ ~ ~ ~ LL. ~ ~ ~ v ~ U ~ ~ ~ U ~ v ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
t<.
` ~ 7.' Z '~
1~
r
.f O - i
~' s
~ Z _
P i
~
f ~ ~~-
~ ~
~
~ ~
~
~ ., E O
O
` ~
"
~
z
~
~
w . F,7 i
~ ~
" s'~
z
z
C ,
~ _~
O ` Q ~ O
~ ~ ~ , ~ ~ U ~ ~ O O Y U :s ~~ ~ 0 ~
~ s " ~ w Y ~ ~ Y ~ ~ Q ~ :: ti ti U
G1
L q
~ .~ ~ ~ ~
U
Y :.. Z
Q
m W
O i
~
w Q
Z Z
Q
m F-
~ 1-
~ m
Cn ~
I- Y:
"~ --~
Q ~
z J ~
W
V
~ ~
~ ~
J
J
~ a
c` ~
~
N
Z
--~ _
"~ -
~ : U
n
`.:
~ w
ea:
r Y ~ Q ~'9~; O ~ ~ ~ w
~ ~ m ~ O W w w J Z }} ~-. U Y «~ Z w W 2 ya
m O ; `` U ~
O ~
O ~ '
O W ~
o w Y m j
O ~
O ~ ¢
m m
~ ~ ~
~ Q
w
H
z- w Z v Z ~ F w ¢ Z U U ~ W z m ~
> Z > ~~ ~ ~ Q z " N ' ~ '
m a ~ Q Q ~ Q Q ~ ~ [Y
Q ~ ~ ~
m O U U U U (4 Cn O O t
i ~ ~ v cq O
EXHIBIT 5
Pa~l~f~ _ 16
N
N
v
3
.C
.~
U
Y
c
m
m
v
s
N
N
U
m
C
Q
U
co
v
~L
m
Q
N
U
U
m
C
LJ
7
U
~+
m
t
Y
C
m
H
v
0
c
v
vl
m
o
v
M
U
° ~ ~
N
o
a
N
O o
N
O Q
U
~
~
O
U m
N
j
~ ~
H N O
Q
O O O ~
O ~ N N N N
O (p
l M ~ O
O Q
U
Q U C ~ ~ ~
N ~ ~ ~ ~ M
Q N
rn C
Q
in
N O U ~ O O O O O O ~ U ¢ O 0
O
I~
~ c
p O
~ O
~ c
f6 Q
Z
N
C ~
C
~ N
01
~
1~
Q
~
~ O
~ O
ti
V
tU
U ~
C
N c
0
~
N
01
O ~
O N
01 N
O N
Q C (¢ ~ N
01
Q N
61 N
07 U N
O N
O N
07 N
O O
~ C
Q
~ N
fn O
Q
~
Q N N Q Q V- Q Q
~ 6
C Q U Q Q C Q Q Q Q ~ ~ Q O U ~
U O O U U ~ Z .
-.
C ~ Q U Q U U Q U U U U C ~ ~ ~ ~
fV Q Q (9 N C Q ~ '~-~ fC z fa (6 ~ (O f6 (9 f0 Q
U CA c ~
¢
Q
Q
p
~
~
~ Q Q
U
fB (O' p M p ~ Q Q Q Q ~ Q Q Q Q (6 m
~ C C ~ m ~ CO ~ c W (6 H m
. ~O ~ ~6 ~6 ~ ~ Q M Q ~ c f9
IcC N ~ N (CC m N m ~ Q (CD Q .
.
~ N ~ c N .
-,
~ N ~ ~ ~ ~ Cn Q
~ ~ ~ N ~ ~ ~ > ~ N U U U Q (
6
cn to f
6
to cA m c c p ~
H c
ip
~p
W
W
p
~
p
Q
W
I-
H
F-
H
Z
H
F-
I-
H
(n
=
p
W
~ w
c
~ ~ ~ > > 2 p 2 ~ Cn (n fn Cn W (n Cn (n fn W W ~ ~ t6
J F- 1- Q Q H H H ~ O J J J J p J J J J ~ > > ~ Q ~
O Cn (n p p ~ cn ~ W ~ O O O O p O 0 0 0 p ¢ a z ~ ~
z z z z
~ U z Q Q z ~ ~ ~ ca ~ c~
n ~ ~ c~
n
~ ~ ~ U Q cn
~ Q Q ~ Q Q ~ ~ ~ ~ ~ U _ ~ ~ _ U U O U
m ~ ~ c~ 0 ~ ~ ~ ~ U m m m m ~ ~
m m ~ > p z
0 ~ 0
cn z z cn z ~ z ~ ~ ~ cn cn cn cn ~ cn cn m
cn m
cn a.
cn F- ~- ~ m ~
~ r~ o 0
0 0 0 0 o v o 0
~ o rn o z z ~ z z
O
~ f~
cD O
I~ O
~ et
~ 0
~ O
M O
O O
'~ O
~ O
c0 et
O lf) M N N M M lf) O = 00 c0
N
N
N
N
N
N
N
M
M
M C c0 i~ ~ M O O O O O M lf)
M M M M M M M M M M V ~' ~ ~ M
Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z
_O O _O O O _O O _O O O _O _O O O O O O O O O O O
F- q
LC ~H
LL 1q--
L.C fq-
C.L Fq-
C.L 1q-
C.L QH
LL 1q-~
LC Fq-
(.L FQ-
LC QH
LL 14-~
LL qH
LL Fq-
LL _
qH
(.C Fq-
L.L Fq-
LL qH
C
C Fq-
L
L 1q-
l
L _
Fq-
L
L
O O O O O O O O O O O O O O O O O O .
O .
O .
O .
O
a a ~ a s a s a. a s a. a a a a a s ~ a a a ~
O O O O O O O O O O O z O 0 0 0 0 0 0 0 0 z O O z
U U U U U U U U U U U D U U U U U U U U U D U U ~
J J J J J J J J J J J Z J J J J J J J J J Z J J Z
a a a ¢ a a a a ¢ ¢ ¢ ~ a ¢ a a a ¢ a a a ~ a g ~
v ~ v ~ v v v v v v v i- v v ~ v v v v v v ~ ~ U ~-
z
a z
a z
a z
a z
a z
a z
¢ z
a z
¢ z z o z z z z z z z z z o z z o
z
z
z
z
z
z
z
z
z a
z ¢
z w a
z a
z ¢
z a ¢ ¢ Q a a w a a w
~
LL
~
~
~ ~ z z z z z z ~ z z ~
. ~ u. ~ ~ ~ ~ U ~ ~ ~ ~ ~ ~ ~ ~ ~ U ~ ~ U
~ ~`
~ .h fi , } ~ ,
~~
' f ~,fi
~ ~ »
_ ~
Z Z
t
` m z O
~ r ~ o ~- ~ ~ Z
_
U O ~ # , _
~" ~ ~ N F-
Z ~ ~- i
~ ~ m ~ H- ~ Y p
~ ~ H ~; Z J o _
' _ ~
Q
f ~ ~ - ,t
t '~ Z Y w m ¢
m U
Q J f. z ~ J (4 O J ~ Q N m U
J ¢ q J w
C.L Q ~ ~ e ~ i m ~ J ~ L.L LL
W
~ W
~ W ~ Z p Z > O ~ W Z
- LL ~ ~' W Q w u- W ~
I ,
w , ~ Z ~ z 1' ~ Q Z O
.
_
o w. O Q
n N Q Z CJ) Z Z
' U m „~ o U
~ U p o o ~
w. ~ ~
U ~ ~
"' ~
° w ~ w ~ ~ w z
~ Q O ~ . '~ a Q a a ~
U t z ~ ~ ¢ ' 3`_'} a a U U O
Page 2 of 2
31 B-17
N
H
v
3
~o
C
O
.~
U
Y
C
(p
m
v
L
a-~
v
n
U
_~
C
O
U
cv
7
v
~L
to
fl.
a~
U
U
f0
;-+
C
N
L
L
U
s
Y
C
f0
.Q
H
v
a-+
O
C
dl
3
m
z
n
~°
3r
n
~ M ~
l~~' ~ a
U
_~~~
A
i--
~ ~~~~
~ ~~~~
_ _ ~
~ ~_ _
~ Atl NI1S~1 _.i ~
~- i
~~
_i
i
i
`' 210 HaVd OIIRl9tl~
n ~
Q'
~~~ a
Q~
?P t~n
yP?,`Q' ~ ~. AV ONVMJ
ONVM'J
M
h
F=- >
~ ~ Q
Q Z
~ ~
2 ~
~ LL
_ ~
Q
j
O
~
<
~~ +
~ ~
U C,np
Z w~ > ^
<
Y ~
o ~
~ C ~ O
~<
y
L L
U
c
~L+ ~ ~ W ~ ~aonN ~ yo~c
n ~ ~ ~ vi ~
C 0 0 ~O O~`"LLI~'J ~.N..m 7 W W=W f1) C ~ ~ O ~ C
+.~ ~ Os ~;
O
N O ~~ ~C9 eo A
Z .- O
m OO L 1~ W 'O ~ mH <o~n
W t7 O O a
U i u>" a0 O ..
U1 ~
~
d
C U o ~ ~
lL O
U Y
~ m
~7.f ` Z ~
,V ~ W~ t1 i< « A
~ ~vV Lea OyLL m~ < `WN
~~ C l0M N
N G N
~'' N
J -
V _
N C O .~..
L R 0
o y < f
E
~ -~ U m < (j
~ fn Z
~ O ++ 'C L L O O ai
N
~ °° ° E '~ E
~ m
C ai ~ _ _
C
W ~ o
Q C1 =' U y C
U
~Y- YzY
y y~ ~~ V L u
cp N w m w
~ C
~ ' Z a ° °
~~ E- a Y Q Y
U W i
~ ~ ~ O tULLU~VUU cV~ O~"~3m7'm ~O V ~-_~
- " ~ N "' a "' " ~ "~'"
°~'~ ~
- -a ° EX HIBIT 6
r 1
Variance No. 2009-03
October 12, 2009
Page 1 of 2
Findings of Fact - 1,000 foot separation requirement (deny)
A. That because of special circumstance
property, including size, shape,
surroundings, the strict application of
to deprive the subject property of
variance with the intent and purpose
chapter.
s applicable to the subject
topography, location or
the zoning ordinance is found
privileges not otherwise at
of the provisions of this
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. No special circumstances applicable to the
subject project exist to justify the granting of this variance.
B. 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.
C. 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 check cashing facility
within 1,000 feet of another facility will only increase the
potential for illicit activity.
EXHIBIT 7
31 B-19
Variance No. 2009-03
October 12, 2009
Page 2 of 2
D. 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 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.
31 B-20
Variance No. 2009-05
October 12, 2009
Page 1 of 2
Findings of Fact - Building Setback (deny)
A. 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.
B. 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.
C. 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 check cashing facility
within 1,000 feet of another facility will only increase the
potential for illicit activity.
EXHIBIT 8
31B-21
Variance No. 2009-05
October 12, 2009
Page 2 of 2
D. 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.
31 B-22
Variance No. 2009-06
October 12, 2009
Page 1 of 2
Findings of Fact - Lot size requirement (deny)
A. 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.
B. 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.
C. 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 check cashing facility
within 1,000 feet of another facility will only increase the
potential for illicit activity.
EXHIBIT 9
31 B-23
Variance No. 2009-06
October 12, 2009
Page 2 of 2
D. 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.
31 B-24
Variance No. 2009-07
October 12, 2009
Page 1 of 2
Findings of Fact - Landscaping (deny)
A. 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.
B. 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.
C. That the granting of a variance will not be materially detrimental to
the public welfare or injurious to surrounding property.
The approval of this
welfare by intensify
into compliance with
lack of landscaping
the property which
property values.
variance will be detrimental to the public
ing the use of the site without bringing it
the minimum landscape standards. The sites
contributes to the general degradation of
has the potential to affect surrounding
EXHIBIT 10
31 B-25
Variance No. 2009-07
October 12, 2009
Page 2 of 2
D. 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.
31 B-26
Variance No. 2009-09
October 12, 2009
Page 1 of 2
Findings of Fact - Parking (deny)
A. 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.
B. 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.
C. 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 check cashing facility
within 1,000 feet of another facility will only increase the
potential for illicit activity. Further, allowing an additional
use on this site will further intensify the lack of off-street
parking.
EXHIBIT 11
31 B-27
Variance No. 2009-09
October 12, 2009
Page 2 of 2
D. 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.
31 B-28
Conditional Use Permit No. 2009-15
October 12, 2009
Page 1 of 2
Findings of Fact (Conditional Use Permit - Deny)
A. Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or
community?
The addition of another check cashing business in this area will
not contribute to the general well being of the neighborhood or
community. An Office of Planning and Research study regarding
check cashing concluded that the average check cashing business
patron will spend up to five percent of their annual income
paying fees to cash checks when most commercial banks will offer
this service for free or reduced rate. Additionally, there is
another check cashing facility proposing to operate in the
adjacent center and there are six other check cashing faculties
within a one-mile radius of the proposed facility that offer
similar or the same financial services. The existing check
cashing facilities sufficiently meet Policy 2.2 of the Land Use
Element which encourages commercial land uses in adequate
amounts to accommodate the City's needs for goods and services.
B. Will the proposed use under the circumstances of the particular case
be detrimental to the health, safety, or general welfare of persons
residing or working in the vicinity?
The proposed conditional use permit for the check cashing
business will be detrimental to persons residing or working in
the area as check cashing establishments have been associated
with a variety of illicit activities.
C. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The check cashing business will negatively affect the economic
stability of the surrounding area by adding a use that has been
known to attract illicit activity. When the City Council
modified the Santa Ana Municipal Code to allow check cashing
facilities with a conditional use permit, one of the development
standards was to require a 1,000 foot separation between
facilities. This separation requirement was implemented as a
result of concerns regarding the over proliferation of check
cashing businesses and the potential for illicit activity that
is associated with this use.
ai~"R§"
Conditional Use Permit No. 2009-15
October 12, 2009
Page 2 of 2
D. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
The proposed check cashing business does not meet several of
the development standards specified in Chapter 41 of the Santa
Ana Municipal Code including: lot size, parking, building
setbacks, landscaping and separation requirements for check
cashing facilities in the commercial zone. Variances from each
of these standards will be required in order for the project to
comply with Chapter 41 of the Municipal Code.
E. Will the proposed use adversely affect the General Plan or any
specific 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 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.
31 B-30
bk:10/26/09
RESOLUTION NO. 2009-11
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA DENYING CONDITIONAL USE
PERMIT NO. 2009-15 AND VARIANCE NOS. 2009-03,
2009-05, 2009-06, 2009-07 AND 2009-09 SEEKING TO
ESTABLISH A NEW CHECK CASHING FACILITY FOR
THE PROPERTY LOCATED AT 1647 EAST FIRST
STREET, SUITE A
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA
AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby finds,
determines and declares as follows:
A. Applicant is requesting approval of a variance to city standards needed to
establish a new check cashing facility at 1647 East First Street, Suite A.
B. Variance No. 2009-03, came before the Planning Commission of the City
of Santa Ana for a duly noticed public hearing on August 24, 2009.
Following public testimony, the matter was continued by the Planning
Commission to October 12, 2009, and staff was directed to return at that
time with all needed discretionary actions.
C. Conditional Use Permit No. 2009-15 and Variance Nos. 2009-03, 2009-05,
2009-06, 2009-07 and 2009-09 have been filed with the City of Santa Ana
seeking a variance to city standards, specifically the standard that check
cashing facilities must be located at least 1,000 feet apart, needed to
establish a new check cashing facility at 1647 East First Street, Suite A.
Section 41-374.5 of the Santa Ana Municipal Code requires a minimum
separation of 1,000 feet between check cashing facilities, as measured
from property line to property line. The proposed site is 110 feet from a site
with an approved conditional use permit to operate as a check cashing
facility. In addition, the property has a number of non-conformities for which
the applicant is seeking several variances from the Municipal Code's
development standards for C-2 properties. These variances include
minimum lot size, building setbacks, landscaping and parking. Finally, the
applicant is seeking a conditional use permit in order to allow a check
cashing facility at the subject property.
D. Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant a variance to the 1,000 foot separation requirement
between check cashing facilities upon making certain findings.
Resolution No. 2009-11
Page 1 of 9
31B-31
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 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. 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 check cashing
facility within 1,000 feet of another facility will only increase the
potential for illicit activity.
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.
Resolution No. 2009-11
Page 2 of 9
31 B-32
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
check cashing facility within 1,000 feet of another facility will only
increase the potential for illicit activity.
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.
F. Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant a variance to the landscape 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 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.
Resolution No. 2009-11
Page 4 of 9
31 B-34
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 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,
Resolution No. 2009-11
Page 5 of 9
31 B-35
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
check cashing facility within 1,000 feet of another facility will only
increase the potential for illicit activity. Further, allowing an additional
use on this site will further intensify the lack of off-street parking.
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.
H
Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant a conditional use permit upon making certain findings.
Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or
community?
The addition of another check cashing business in this area will not
contribute to the general well being of the neighborhood or
community. An Office of Planning and Research study regarding
check cashing concluded that the average check cashing business
patron will spend up to five percent of their annual income paying
fees to cash checks when most commercial banks will offer this
service for free or reduced rate. Additionally, there is another
check cashing facility proposing to operate in the adjacent center
Resolution No. 2009-11
Page 6 of 9
31 B-36
and there are six other check cashing faculties within aone-mile
radius of the proposed facility that offer similar or the same financial
services. The existing check cashing facilities sufficiently meet
Policy 2.2 of the Land Use Element which encourages commercial
land uses in adequate amounts to accommodate the City's needs
for goods and services.
2. Will the proposed use under the circumstances of the particular case
be detrimental to the health, safety, or general welfare of persons
residing or working in the vicinity?
The proposed conditional use permit for the check cashing
business will be detrimental to persons residing or working in the
area as check cashing establishments have been associated with a
variety of illicit activities.
3. Will the proposed use adversely affect the present economic stability
or future economic development of properties surrounding the area?
The check cashing business will negatively affect the economic
stability of the surrounding area by adding a use that has been
known to attract illicit activity. When the City Council modified the
Santa Ana Municipal Code to allow check cashing facilities with a
conditional use permit, one of the development standards was to
require a 1,000 foot separation between facilities. This separation
requirement was implemented as a result of concerns regarding the
over proliferation of check cashing businesses and the potential for
illicit activity that is associated with this use.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
The proposed check cashing business does not meet several of the
development standards specified in Chapter 41 of the Santa Ana
Municipal Code including: lot size, parking, building setbacks,
landscaping and separation requirements for check cashing facilities
in the commercial zone. Variances from each of these standards will
be required in order for the project to comply with Chapter 41 of the
Municipal Code.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
Resolution No. 2009-11
Page 7 of 9
31 B-37
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 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.
In accordance with the California Environmental Quality Act, the proposed
project is exempt from CEQA review per Section 21080(5). This subsection
applies to projects in which the public agency disapproves of the request.
Should the project ultimately be approved, further environmental review
may be required. Environmental Review No. 2009-102 will be filed for this
project.
Section 2. The Planning Commission, after conducting the public hearing and
being fully advised, hereby denies Conditional Use Permit No. 2009-15 and Variance
Nos. 2009-03, 2009-05, 2009-06, 2009-07 and 2009-09 for the property located at 1647
East First Street, Suite A.
This decision is based upon the evidence submitted at the above said hearing,
which includes but is not limited to: the Requests for Planning Commission Action dated
August 24, 2009 and October 12, 2009 and exhibits attached thereto; and the public
testimony, all of which are incorporated herein by this reference.
ADOPTED this 12th day of October, 2009 by the following vote:
AYES: Commissioners: Alderete, Betancourt, Gartner, Leo, Turner (5)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Yrarrazaval (1)
ABSTENTIONS: Commissioners: None (0)
Christopher Leo
Chairman
Resolution No. 2009-11
Page 8 of 9
31 B-38
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the
attached Resolution No. 2009-11 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on October 12, 2009.
Date:
Planning Commission Secretary
City of Santa Ana
Resolution No. 2009-11
Page 9 of 9
31 B-39
31 B-40