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HomeMy WebLinkAbout2008-019 - Approving Conditional Use Permit No. 2007-21 KO- 2/25/08 RESOLUTION NO. 2008-019 A RESOLUTION OF THE CITY COUNCIL 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 CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council 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. On December 10, 2007, the Planning Commission voted to approve Conditional Use Permit No. 2007-21 as conditioned by a vote of 3:2 (Betancourt and Leo opposed; Alderete and De La Torre absent). C. On January 7, 2008, the City Council approved a motion to set Conditional Use Permit No. 2007-21 for a Public Hearing. D. On March 3, 2008, the City Council held a duly noticed public hearing on Conditional Use Permit No. 2007-21. E. Pursuant to Santa Ana Municipal Code Section 41-365.5, a Conditional Use Permit is required for check cashing facilities. F. Santa Ana Municipal Code Section 41-638 authorizes the City Council 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 Resolution No. 2008-019 Page 1016 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? 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? Resolution No. 2008-019 Page 2 of 6 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. G. 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 City Council after conducting the public hearing hereby approves Conditional Use Permit No. 2007-21 as conditioned in Exhibit "An 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 City Council Action dated March 3, 2008 and exhibits attached thereto and the public testimony, all of which are incorporated herein by this reference. Section 3. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Clerk of the Council shall give direct notice to the applicant of the Council's decision and these findings. ADOPTED this 3'd day of March, 2008. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Resolution No. 2008-019 Page 3 016 AYES: Councilmembers: Alvarez, Benavides, Bustamante. Martinez, Pulido, Sarmiento. Tinaiero (7) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: None (0) NOT PRESENT: Council members: None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2008-019 to be the original resolution adopted by the City Council of the City of Santa Ana on March 3. 2008. ~C~;,-- dX/' 'B'- Patricia E. Healy Clerk of the Council City of Santa Ana .3 /o~/o<z I { Date: Resolution No. 2008-019 Page 4 of 6 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 prior 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. Plannina Division 1. 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. 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 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. Exhibit A Resolution No. 2008-019 Page 5 016 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. A timed-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. 2008-019 Page 6 016