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HomeMy WebLinkAbout2008-14• RESOLUTION NO. 2008-14 bk:5/8/08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2008-04 TO ALLOW A CHECK CASHING FACILITY FOR THE PROPERTY LOCATED AT 3316 SOUTH BRISTOL STREET 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. Conditional Use Permit No. 2008-04 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on May 12, 2008. B. Conditional Use Permit No. 2008-04 has been filed with the City of Santa Ana seeking to allow a check cashing facility at 3316 South Bristol Street. C. Pursuant to Santa Ana Municipal Code Section 41-412.5, a Conditional Use Permit is required for check cashing facilities. D. The applicant's representative explicitly agreed during the duly noticed public hearing on May 12, 2008 to the Commission's addition of condition No. 13 set forth in Exhibit A below. E. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 1. 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 the check cashing business will add an additional service to the existing community. This will provide patrons with a financial service when other traditional banking methods are unavailable to them. Policy 2.2 of the Land Use Element encourages commercial land uses in adequate amounts to accommodate the City's needs for goods and services. Resolution No. 2008-14- Page 1 of 7 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 not be detrimental to persons residing or working in the area. Policy 5.5 of the Land Use Element encourages projects that are compatible with and supportive of surrounding land uses. The business will be located within an existing commercial center and is consistent with the requirements of the Santa Ana Municipal Code. 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 not negatively affect the economic stability of the surrounding area. The proposed use is consistent with the zoning district of the property and operates like a retail business with normal business hours. Lastly, the conditions of approval will help to mitigate any potential problems and will minimize the possibility of the check cashing business affecting the economic stability for . the area. 4. Wil! the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed check cashing business meets the requirement of the Santa Ana Municipal Code Section 41-374.5(1)(a), which requires that check cashing businesses maintain a minimum 1,000 foot separation between similar businesses. The proposed check cashing business complies with City's separation and the project has been reviewed by City staff to ensure the business complies with the City's standards. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. The subject site is located within an area designated with the General Plan land use designation as District Center and is located within an established commercial area of the City. F. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15301. This Class 1 exemption allows the licensing of existing facilities with no Resolution No. 2008-14- Page 2 of 7 • expansion of the existing use. Categorical Exemption Environmental Review No. 2007-195 will be filed for this project. Section 2. The Planning Commission, after conducting the duly noticed public hearing and being fully advised, hereby approves Conditional Use Permit No. 2008-04 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated May 12, 2008 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 12th day of May, 2008 by the following vote: AYES: Commissioners: Alderete, Gartner, Leo, Mill (4) NOES: Commissioners: None (0) ABSENT: Commissioners: Betancourt, De La Torre, Munoz (3) ABSTENTIONS: Commissioners: None (0) ~i Christo er Leo Chair an APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Bei City Attorney Resolution No. 2008-14- Page 3 of 7 • c: • CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2008-14 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 12, 2008. Date: J ~ ~~~ Planning Commission Secreta City of Santa Ana Resolution No. 2008-14- Page 4 of 7 • Conditions for Approval for Conditional Use Permit No. 2008-04 Conditional Use Permit No. 2008-04 is approved, subject to the condition that the project shall comply with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division The project shall remain in compliance with Site Plan Review (DP No. 2007-71). 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit • must be amended. 3. An approved Check Casher Permit issued by the California Department of Justice, must be provided to the Planning Division prior to the issuance of the Certificate of Occupancy. This Permit shall be maintained in full force and effect during the life of the use. B. Police Department Existing suite and parking lot within 60 feet of the use must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 2. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. • Resolution No. 2008-14 Page 5 of 7 3. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 4. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 5. Window displays and racks must be kept to a maximum height of three feet including merchandise. 6. Atimed-access cash controller must be installed. 7. Interior displays and racks must be kept to a maximum of five feet including merchandise. 8. Install a silent armed robbery alarm. 9. There shall be no coin-operated games or pool tables maintained on the premises at any time. 10. All pay telephones shall be located inside the licensed premises. 11. The petitioner(s) shall be responsible for maintaining the premises free of litter. 12. The conditional use permit shall be reviewed at six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 13. Hours of operation for the business (i.e., hours during which the doors are open to the public) shall not extend before or after the following permitted hours: Monday through Saturday - 8:00 a.m. to 5:00 p.m. Sunday - 10:00 a.m. to 5:00 p.m. Resolution No. 2008-14 Page 6 of 7 i PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2"d Floor, Santa Ana, California 92701. I served the foregoing document described as: Resolution No. 2008-14 (Conditional Use Permit No. 2008-04 in this action by p acing a true copy t ereof enc-lose~din seaTd enve~pes a ressed as follows: Jose Arana Diane Brocklebank Octaviano Felix Trussnet USA Cadence Capital Investments Servimax Financial 105 Irvine Center Drive, 2009 Porterfield Way, Suite P 3316 South Bristol Street Suite 800 Upland, CA 91786 Santa Ana, CA 92704 Irvine, CA 92618 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on May 28, 2008 at Santa Ana, California. MARTHA RAM EZ • Resolution No. 2008-14 Page 7 of 7