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HomeMy WebLinkAbout31B - 230 W WARNER AVEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 7, 2008 TITLE: CONDITIONAL USE PERMIT NO. 2007-21 TO ALLOW THE GOMEZ CHECK CASHING BUSINESS AT 230 WEST WARNER AVENUE, SUITE 102 - ART MARTINEZ, APPLICANT CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15~ Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER CITY NAGER RECOMMENDED ACTION Receive and file the staff report approving Conditional Use Permit No. 2007-21 as conditioned. PLANNING COMMISSION ACTION On December 10, 2007, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2007-21 as conditioned by a vote of 3:2 (Betancourt and Leo opposed; Alderete and De La Torre absent) to allow the operation of a check cashing business at 230 West Warner Avenue, Suite 102 in the Community Commercial (Cl) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. a M. Trevino Executive Director Planning & Building Agency CR:rb cr\reports\cup07-21 Gomez Check Cashing.cc 31 B-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: DECEMBER 10, 2007 TITLE: PUBLIC HEARING - FILED BY ART MARTINEZ FOR CONDITIONAL USE PERMIT NO. 2007-21 TO ALLOW THE GOMEZ CHECK CASHING BUSINESS AT 230 WEST WARNER AVENUE, SUITE 102 Prepared by Carlos Rodriguez Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Planning Manage Adopt a resolution denying Conditional Use Permit No. 2007-21. DISCi75SI(1N Request of Applicant Art Martinez, on behalf of Gumaro Gomez, is requesting the approval of Conditional Use Permit No. 2007-21 to allow a check cashing business at 230 West Warner Avenue, Suite 102. Property Description The proposed check cashing business is proposed to be located on the ground floor of an existing two-story commercial center. The existing commercial center is approximately 21,000 square feet in size and is located on a 1.3 acre lot. The proposed check cashing business will occupy 983 square feet of the first floor. The first floor is comprised of retail and restaurant businesses while the second floor consists of offices. A total of 124 parking stalls are located on-site. The parcel is located within the Community Commercial (C1) zoning district and has a General Plan land use designation of General Commercial (GC) Surrounding land uses include the Manuel Esqueda Elementary School to the north, commercial uses to the east, and light industrial uses to the south and west (Exhibits 1 and 2). EXHIBIT A 31 B-2 Conditional Use Permit No. 2007-21 December 10, 2007 Page 2 Project Description The applicant is proposing to obtain a conditional use permit to allow a check cashing facility. The business will occupy 983 square feet within an existing commercial center. The project will require minor interior modifications to the unit and no exterior improvements are proposed (Exhibit 3). The hours of operation for the check cashing business are proposed to be from 9:00 a.m. to 6:00 p.m., Monday through Friday and 11:00 a.m. to 4:00 p.m. Saturday. Analysis of the Issues The applicant is requesting a conditional use permit to allow a check cashing facility. Section 41-365.5 (g) of the Santa Ana Municipal Code (SANG) requires an approved conditional use permit to operate a check cashing business. Additionally, Section 41-374.5(1)(a) requires that a check cashing facility be located a minimum of a 1,000 feet from another check cashing establishment, as measured from property line to property line. The proposed check cashing business is located in an existing commercial center and is located within the appropriate commercial zoning district. The Planning Division and Police Department have reviewed the project and verified that no other check cashing businesses are located within 1,000 feet. The nearest facility was originally indicated at 210 East Warner Avenue, which is approximately 1,100 feet from the proposed location. However, staff visited the location and verified that the current owner of the business is no longer providing a check cashing service to his costumers. Although the proposed project is complying with the City's minimum distance requirement, the public hearing process of the conditional use permit allows for the City to individually evaluate each proposal. As currently existing, there are several check cashing businesses and banking facilities that are located within a one mile radius of the project site and currently provide sufficient services for the community. The site does not comply with many of the City's current development standards including landscaping and signage, as well as the City's Building Security Ordinance. As existing, the project site is in disrepair and in need of rehabilitation. The disrepair of the center could increase the potential for criminal activities on the site as there are no lighting standards for the parking lot and minimal lighting for the building. 31 B-3 Conditional Use Permit No. 2007-21 December 10, 2007 Page 3 On November 26, 2007, the public hearing for the project was opened. Several comments were made regarding the appropriateness of a check cashing business at the project site. Additionally, there were concerns with the existing condition of the site and the lack of maintenance occurring on the property. The combination of both issues prompted the Planning Commission to continue the item for two weeks in order for staff to evaluate the appropriateness of the proposed check cashing business and to determine what financial services were available within one mile of the project site. The property owners have made several improvements to the site that include painting of the building and two monument signs, repairing portions of the parking lot, striping parking spaces, and replacing broken signs. In the future, the owners plan to continue the improvements with slurry sealing the parking lot, repairing the damaged pole sign, and replacing any remaining wall signs. Staff verified the check cashing businesses and banks within a one mile radius of the subject site. A total of seven check cashing businesses and two banks currently exist within the mile radius. Additionally, one bank is currently proposed at 2407 South Bristol Street which is within the selected area (Exhibit 4). 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. The proposed site is located in the appropriate zoning district and is located within a commercial area of the City. However, there are several check cashing facilities that are within close proximity to the proposed location. Lastly, Policy 2.9 of the Land Use Element encourages business environments that are safe and attractive. As existing, the site maintenance and repairs have been neglected. Additionally, the site does not currently comply with the City's Building Security Ordinance. Based upon the analysis of the project and findings, staff recommends that the Planning Commission deny Conditional Use Permit No. 2007-21. 31 B-4 Conditional Use Permit No. 2007-21 December 10, 2007 Page 4 CEQA Compliance 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 expansion of the existing use. Categorical Exemption Environmental Review No. 2006-100 will be filed for this project. Gam- <~ Carlos Rodriguez Assistant Planner II CR: jm cr\reports\cup07-21 Gomez Check Cashing.121007.pc Vince Senior 31 B-5 R1 R1 R1 --~[Ea R1 R1 ~~~ R1 C- ~_ R2-B i C2 SM SM' R7 ,.t z~ I ~- R2 B ~ R1 R2~R2S-ISM ,~ R1 R1 R1 R1 i ~~ R1 R2 R1 R1 R1 R1 R1 ~~ R1 ~ ~ R1 ~,. ,~. 5 C2 l R2 R2 R1 R1 R1 R1 Ri R1 R1 R1 R1 R1 R1 R1 R1 R1 R2 R2 il- , ~; i~_ I~ it iICR R1~ _-~ ~~ it-'=,i R1 Ir ii ii Al GENERAL AGRICULTURAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT -B PARKING MODIFICATION -F FLOOR AREA RATIO PRD PLANNED RESIDENTIAL OEVEIOPMENT C1 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R1 SINGLE-FAMILY RESIDENCE C1-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT M1 LIGHT INDUSTRIAL R2 TWO-FAMILY RESIDENCE C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE C3 CENTRAL BUSINESS MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE 0 OPEN SPACE RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER -OZ OVERLAY ZONE SD SPECIFIC DEVELOPMENT C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT _ _ CUP 07-21 ~ GOMEZ CHECK CASHING ~ ~~~~":~~~ 230 WEST WARNER AVENUE, # 102 - - = 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 R1 ~ R1 ~ R1 ~ R1 VICINITY MAP 3~'B'~'' M A N U E L E S O U E D A ELEMENTARY S C H O O L WARNER AVENUE J W ~ PA1JV~w 1 ~~E W C O M M E R C I A L ~ ~ O U I N D U S T R I A L WAREHOUSE Q ~ I N D U T R I A L a W ' j ~ p ~- ~ W ~ U m Q ? ~ ~ m fNDUSTRIAI CUP 07-21 ~ GOMEZ CHECK CASHING ~,, 230 WEST WARNER AVENUE, # 102 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 LAND USE MAP EXHIBIT 2 31 B-7 r . `z'3wat~' ,crab vSn'cs-.- ~ . _ .. ~... N?!7. '7._7?.-..?3-1.~:. ~ ~mxr~sa iruaa qua V V Y w+.1~v ~ irra~w.~ ua r~}~1 a~iuarrrw~wawv '.U 'mss O.t~ a-ci Y~ ~ 8 p e !r ' ~ a ' ; w ~ 4 ! ~ c ; 0 is yj} w J -1 t ~, ~, ~ ~~ _ jy i 'o J N y y ~ ~ 4 t ~' ~ H U 4}, ~ 4 7 ., ~, ,d W ~ ~~ # y a xp ~~ u 3 a c, w ~ ~ a ems, °_ W ,-...a a ~ ~ :Hi ,~ W u ~ r x G ;ti ~+, sarn: ~z--:: y. s,~ .rte v v a tal-... CUP 07-21 ' EXHIBIT 3 n' _^-~ ~ ~ . ~ ~ ~. o~ i# ~~ -i ~ ~ ~~ Ir .~ lV y it ` ' ` ~ 't a ~' t k ; ~ ~; I~ di P ~ ,„~ ~~ ~ Y~ y~y '~ ~l ~~ L ssyySB ~ J? ~ ~~ ' •~ ~ ~~. ~:~ I ,s~- ~~ f a - :''' o~ o U • • __ nv-- azwaNVls a ` ~ _ __ Z ~ _. Q_ C 3 w D ~ 1S NIVYY AVMUVO~i9 a w z _ __ 0 __ w _ _ i 9 _ ~a r ~~~, t9 C ~ nth ~0 1S ! IOlSRlB C i i fi Z13M©~ `~ a' C C i in N A ai ~ o in Q M ~+ 1..{. M ~.... ~~ y~ ~ ~m Qyfn OQ y N ..:m ~ j m Z W N ~ ~ l ^fn ~ fq G ~ c~a c m iN ,a g~vi ' w m ~ ~ v ~ ' `_ ~ ~ ~ CV v ~~ZN~`~ m« c N c~ ~ m ~ ~ m ~~ ~ r m c~ ~atA mN~ ~ mtA~ y'R~ p~v o d ~ o~ 'o v m a iv ~ 0 ~ ~ ~ ~ ~~Np c c otN~~ rn~ vN m v rn c a~ rn ~ ~ O U~~ N ~~ ~~ L d N ~ M 7 t J i 1 U }. C 7~ cLL N .... l~ ~•_ ~O ~~~ U V Ova O c ID U ~ • ^ ~ ~~ O C1 ~ ul := O C R A~ C7 Y d N ' LL ~ ~~« V V ~ N Q C y V ~ 3 ~ " 6 c 2 t ~ ~ ~YU VY yJ p '~ LL C O Y Nt w df L mU ~ U a> ~ U U W y ._ U L C f6 N 'C a " L Y R d lN0 ~ N U [~ O l 0 LUG'>3w~w U a ~ ~m~M ~° o U~~irivviac~ ~ ° ' at9 V~ ~ ~_~ EXHIBIT 4 KO- 12/5/07 RESOLUTION NO. 2007-44 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2007-21 TO ALLOW A CHECK CASHING FACILITY FOR THE PROPERTY LOCATED AT 230 WEST WARNER AVENUE, SUITE 102 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. 2007-21 has been filed with the City of Santa Ana seeking to allow a check cashing facility at 230 West Warner Avenue, Suite 102. B. Conditional Use Permit No. 2007-21 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on November 26, 2007. The Planning Commission continued the matter to December 10, 2007. C. Pursuant to Santa Ana Municipal Code Section 41-365.5, a Conditional Use Permit is required for check cashing facilities. D. 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 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. 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? Resolution No. 2007-44 31 B-10 Page 1 of 7 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. This project site is located in an area that is comprised of mainly commercial uses and is near the South Main Commercial Corridor District. Lastly, the proposed use 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. Will 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 General Commercial. Additionally, the site is located within an established commercial area of the City and is also near the South Main Commercial Corridor District. Resolution No. 2007-44 Page 2 of 7 31 B-11 E. 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 expansion of the existing use. Categorical Exemption Environmental Review No. 2006-100 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Conditional Use Permit No. 2007-21 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 November 26, 2007 and exhibits attached thereto; the Request for Planning Commission Action dated December 10, 2007 and exhibits attached thereto and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 10th day of December, 2007 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Gartner, Mill, Munoz (3) Betancourt, Leo (2) Alderete, De La Torre (2) None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee Otto Assistant City Attorney Resolution No. 2007-44 Page 3 of 7 31 B-12 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2007-44 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 10, 2007. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2007-44 31 B -13 Page 4 of 7 Conditions for Approval for Conditional Use Permit No. 2007-21 Conditional Use Permit No. 2007-21 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 The project shall remain in compliance with Site Plan Review (DP No. 07- 44). 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. B. Police Department 1. 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. 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. Resolution No. 2007-44 Exhibit A Page 5 of 7 31 B-14 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. Resolution No. 2007-44 Page 6 of 7 31 B-15 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 Santa Ana, California 92702. I served the foregoingg document described as: Resolution No. 2007-44 (Conditional Use Permit No. 2007-21) in this action by p acing a true copy t ereof enc ose in sea a enve opes a ressed as follows: Gumaro Gomez 2905 South Griset Place Santa Ana, CA 92704 Art Martinez 2517 South Townsend Street Santa Ana, CA 92704 [ ] 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 [date] at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2007-44 Page 7 of 7 31 B-16