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HomeMy WebLinkAbout2002-34• Kdo: 11 /9/02 RESOLUTION NO. 2002-34 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2002-23 TO ALLOW A CHECK CASHING FACILITY IN THE GENERAL COMMERCIAL (C2) ZONING DISTRICT FOR THE PROPERTY LOCATED AT 1620 EAST FIRST STREET, SUITE E BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as follows: A. The Mitigated Negative Declaration and Mitigation Monitoring Program and Conditional Use Permit No. 2002-23 came before the Zoning Administrator of the City of Santa Ana for a public hearing on November 13, 2002. • B. The Applicant is requesting approval of Conditional Use Permit No. 2002-23 to allow the operation of a check cashing facility at 1620 East First Street, Suite E. C. Santa Ana Municipal Code Section 41-638 authorizes the Zoning Administrator 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 the community? The proposed check cashing facility, as conditioned, will contribute to the general well being of the neighborhood and the community by providing an alternative place for residents to cash checks without using the traditional banking system. The facility will meet all State and City guidelines pertaining to such use including the 1,000-foot separation requirement. 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 check cashing facility will not be detrimental to the general welfare and safety of the surrounding Resolution No. 2002-34 Page 1 of 3 • businesses and residents. The conditions of approval address property maintenance (graffiti and litter) and other activities such as exterior public phones that promote loitering, thereby decreasing the opportunities for crime and neighborhood annoyances impacting the surrounding commercial and residential uses. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed check cashing facility will operate within an existing retail center and will compliment surrounding retail uses within the center. The City's zoning code allows the use in the designated zoning district with a conditional use permit. The check cashing facility will provide services that compliment surrounding businesses and should draw additional users to the existing retail center. As conditioned, the use will enhance rather than adversely affect economic development or stability of the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the Santa Ana Municipal Code for such • use? The proposed use will be in compliance with the applicable sections of Chapter 41 of the Municipal Code with an approved conditional use permit for the proposed check cashing facility. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed check cashing facility is in an area designated General Commercial (GC) in the General Plan. The use is consistent with the General Plan and the General Commercial (C2) zoning district that allows retail and service uses. Section 2. The Zoning Administrator has reviewed and considered the information contained in the initial study and the Mitigated Negative Declaration and Mitigation Monitoring Program for Environmental Review No. 2002-250 prepared with respect to this Project. The Zoning Administrator has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a Mitigated Negative Declaration and Mitigation Monitoring Program • adequately addresses the expected environmental impacts of this Project. On the basis of Resolution No. 2002-34 Page 2 of 3 • this review, the Zoning Administrator finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. The Zoning Administrator hereby certifies and approves the Mitigated Negative Declaration and Mitigation Monitoring Program and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the Zoning Administrator has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 753.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The Zoning Administrator of the City of Santa Ana hereby, approves. Conditional Use Permit No. 2002-23 as conditioned in Exhibit "A" attached hereto and incorporated herein. ADOPTED this 13th day of November, 2002. • ~-'!~ ~~~ Kenneth Adams Zoning Administrator APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By:~ Kylee Od Deputy C Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, LAURA JOHNSON, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2002-34 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on November 13, 2002. Date: S U Z- • Irk of the Wing Administrator City of nta Ana Resolution No. 2002-34 Page 3 of 3 • Conditions for Approval for Conditional Use Permit No. 2002-23 Conditional Use Permit No. 2002-23 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or 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 1. The project shall remain in compliance with Site Plan Review DP No. 02- 46. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. B. Police Department 1. The existing suite and parking lot within 60 feet of the suite 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. 3. Cash exchange windows 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. Interior displays and racks must be kept to a maximum of five feet including merchandise. 7. • Install a silent armed robbery alarm. t f th Cit f S t f 8. s o e y o an ollow the procedural requiremen a The applicant must EXHIBIT "A" Page 1 of 2 Ana's Check Print program. 9. The applicant must secure a State of California Check Cashers License prior to operating the check cashing facility. Proof of said license must be submitted to the Santa Ana Police Department's Crime Prevention Unit. 10. All pay telephones shall be located inside the licensed premises. 11. 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. • • EXHIBIT "A" Page 2 of 2