HomeMy WebLinkAbout31A - CUP SERVIMAX FINANCIAL CHECK CASHINGREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 2, 2008
TITLE:
CONDITIONAL USE PERMIT NO. 2008-04
TO ALLOW SERVIMAX FINANCIAL CHECIt
CASHING AT 3316 SOUTH BRISTOL
STREET - OCTAVIANO FELIX,
APPLICANT
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1S' Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Receive and file the staff report approving Conditional Use Permit No.
2008-04 as conditioned.
PLANNING COMMISSION ACTION
On May 12, 2008, the Planning Commission adopted a resolution approving
Conditional Use Permit No. 2008-04 as conditioned by a vote of 4:0
(Betancourt, De La Torre, Munoz absent) to allow a check cashing business
in the Planned Shopping Center (C4) zoning district at 3316 South Bristol
Street. The Planning Commission added a condition to limit the hours of
operation on Sundays from 10:00 a.m. to 5:00 p.m. (Exhibit A).
FISCAL IMPACT
There is no fiscal impact associated with this action.
J M. Trevino
Executive Director
Planning & Building Agency
MF:rb
mf/reports/cup08-04 Servimax Financial.cc
31 A-1
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
MAY 12, 2008
TITLE:
PUBLIC HEARING - FILED BY OCTAVIANO FELIX
FOR CONDITIONAL USE PERMIT NO. 2008-04
TO ALLOW SERVIMAX FINANCIAL CHECK CASHING
AT 3316 SOUTH BRISTOL STREET
Prepared by Matt Foulkes
Executive Director
RECOMMENDED ACTION
Adopt a resolution
conditioned.
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 Man er
approving Conditional Use Permit No. 2008-04 as
Octaviano Felix, on behalf of Servimax Financial, is requesting approval
of Conditional Use Permit No. 2008-04 to allow a check cashing business
at 3316 South Bristol Street.
Property Description
The proposed check cashing business will be located within an existing
commercial center on the southwest corner of Bristol Street and Alton
Avenue. The existing center is divided into four separate buildings
totaling approximately 175,000 square feet in size and is located on a
12.5 acre lot. The proposed check cashing business will occupy a 2,220
square foot suite within the existing 12,500 square foot building
nearest the corner of Bristol Street and Alton Avenue. The other
businesses within the center include retail, service and restaurant
uses. A total of 119 parking stalls are provided for this portion of
the commercial center.
The parcel is located within the Planned Shopping Center (C4) zoning
district and has a General Plan land use designation of District Center
(DC) Surrounding land uses include commercial uses to the east, west
and south and light industrial uses to the north (Exhibits 1 and 2).
EXHBIIT A
31 A-2
Conditional Use Permit No. 2008-04
May 12, 2008
Page 2
Project Description
The applicant is requesting a conditional use permit to allow a check
cashing facility in conjunction with a Metro PCS Wireless store. The
proposed business will offer a variety of both financial and wireless
services. The business will occupy 2,220 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). All
permanent wall signage for the facility will identify the business as
Metro PCS, with Servimax Financial limited to window signage as permitted
by the Santa Ana Municipal Code. The hours of operation for the check
cashing business are proposed to be from 8:00 a.m. to 5:00 p.m., seven
days a week.
Analysis of the Issues
The property's zoning designation allows check cashing facilities
subject to a conditional use permit per section 41-412.5 (g) of the Santa
Ana Municipal Code (SANG). Additionally, section 41-374.5(1)(a)
requires that a check cashing facility be located a minimum of 1,000
feet from another check cashing establishment, as measured from property
line to property line.
The requirement for both the conditional use permit and separation
between check cashing facilities was added to the Municipal Code in
1999. Prior to this zoning ordinance amendment check cashing facilities
were permitted by right in all commercial zones subject to approval by
the Police Department. As a result of concerns from the Planning
Commission that check cashing facilities were proliferating within the
City's commercial zones and were often associated with illegal
activities, standards were recommended to regulate the quality and
location of these uses. Following a study of surrounding jurisdictions,
staff concluded that a 1,000 foot separation requirement would
sufficiently space check cashing facilities while still offering a
reasonable walking distance for pedestrian clients. The conditional use
permit would allow Commissioners and staff to place conditions necessary
to mitigate any potentially negative impacts associated with its use.
As a result of recent applications for check cashing businesses, the
Planning Commission and City Council have expressed new concerns regarding
the perceived predatory nature of check cashing facilities on its
customers. Specifically, concerns about high service fees charged to
patrons who are not able to utilize commercial banks, and the lack of
identification required in order to cash checks. The Planning Commission
and City Council have also expressed concern regarding the quality of the
31 A-3
Conditional Use Permit No. 2008-04
May 12, 2008
Page 3
locations where these facilities are proposing to operate. Authority is
given to the Planning Commission by Section 41-638 of the Santa Ana
Municipal Code to recommend approval or denial of a conditional use permit
as well as impose any conditions that they deem necessary and desirable
based on the information provided. The following information regarding
state and federal regulations on check cashing facilities is provided as
additional background although it is currently not part of the review
criteria for check cashing businesses.
The check cashing industry is regulated by the State of California and
permits are issued from the Check Casher 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. A permit can be
renewed; however, the permit can be revoked if the applicant violates the
provisions or regulations of the check Casher permit. Additionally,
Section 1789.35 of the California Civic 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. In order to ensure that the proposed check cashing
facility remains in compliance with State regulations, a condition of
approval has been included to require that the business obtains a Check
Casher Permit prior to the issuance of a Certificate of Occupancy.
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 such as
Bank of America or Wells Fargo 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. These banks 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
requirement that banking establishments must 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 the bank. However,
check cashing facilities can process a check with only one form of
identification required.
31 A-4
Conditional Use Permit No. 2008-04
May 12, 2008
Page 4
Since the adoption of Zoning Ordinance Amendment 99-01 staff has
reviewed all proposed check cashing facilities based on three main
criteria. These criteria include its compatibility with surrounding
development, its conformance with the development standards set forth in
its zoning district and verification that it meets the minimum 1,000
foot separation requirement. The proposed check cashing business at
3316 South Bristol Street is located in an existing multi-tenant
commercial center in a commercial district. The subject property
conforms to the requirements of the Planned Shopping Center (C-4) Zoning
district and the Planning Division and Police Department have verified
that no other check cashing businesses are located within 1,000 feet.
The nearest facility is located at 1200 West Warner Avenue, which is
approximately 4,750 feet from the proposed location. There are,
however, three other check cashing facilities and several commercial
banks located within a one-mile radius of the proposed facility. The
closest of these facilities is a Washington Mutual bank located on the
southwest corner of Bristol Street and MacArthur Boulevard (Exhibit 4).
In accordance with the analysis required by the Municipal Code, that then
forms the basis for the findings of fact contained in the Resolution of
Approval, the following findings are provided. The proposed check cashing
business will provide a service to the residents of the City that require
additional financial services other than those offered by a typical
banking institution. The addition of this check cashing business will
also give patrons the opportunity to obtain financial services when
traditional banking services are unavailable. 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 C4 zoning district that allows the check cashing business and is
located within a commercial area of the City. Policy 5.5 of the Land Use
Element encourages projects that are compatible with and supportive of
surrounding land uses. Based upon the analysis of the project subject to
the specified criteria and findings, staff recommends that the Planning
Commission approve Conditional Use Permit No. 2008-04 as conditioned.
31 A-5
Conditional Use Permit No. 2008-04
May 12, 2008
Page 5
CEQA Compliance
In accordance with the
recommended action is
Class 1 exemption all
expansion of the exist
No. 2007-195 will be f
Matt Foulkes
Assistant Planner I
MF:jm
mf/reports/cup08-04 Servimax Financial.pc
exempt
ows the
ing use.
fled for
California Environmental
from further review per
licensing of existing
Categorical Exemption
this project.
Quality Act, the
Section 15301. This
facilities with no
Environmental Review
Vince Fregos AICP
Principal P anner
31 A-6
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A7 GENERAL AGRICULTURAL
-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
CS ARTERIAL COMMERCIAL
CR COMMERCIAL RESIDENTIAL
C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT
-F FLOOR AREA RATIO
GC GOVERNMENT CENTER
Mt LIGHT INDUSTRIAL
M2 HEAVY INDUSTRIAL
MO MILITARY OPERATIONS
O 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
CUP 08-4 ~
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bk:5/8/08
RESOLUTION NO. 2008-14
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-
31 A-11 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. 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 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-
31 A-12 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:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
None (0)
Betancourt, De La Torre, Munoz (3)
None (0)
Christopher Leo
Chairman
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
31 A-13
Resolution No. 2008-14-
Page 3 of 7
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:
Planning Commission Secretary
City of Santa Ana
Resolution No. 2008-14-
31 A-14 Page 4 of 7
Conditions for Aaaroval 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 Califomia Building Standards 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. Plannin4 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
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.
Resolution No. 2008-14
Page 5 of 7
31 A-15
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
31 A-16
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
2nd, Santa Ana, California 92702.
I served the foregoingg document described as: Resolution No. 2008-14
Conditional Use Penmit No. 2008-04) in this action by p acing a rue copy ereof
enc ose in sea a enve opes a rid as follows:
Jose Arana
Trussnet USA
105 Irvine Center Drive,
Suite 800
Irvine, CA 92618
Diane Brocklebank
Cadence Capital Investments
2009 Porterfield Way, Suite P
Upland, CA 91786
Octaviano .Felix
Servimax Financial
3316 South Bristol 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 RAM I REZ
Resolution No. 2008-14
Page 7 of 7
31 A-17
Apri128, 2008
VIA FAX TO (714) 973-1461 AND MAIL
Santa Ana City Council
22 Civic Center Plaza
Santa Ana, CA 92701
Re: Conditional Use Permit #2008-04
3316 South Bristol Street, Santa Ana, CA
Dear Council Members:
I am writing on behalf of the owners of The Aspens Apartments located on the corner of MacArthur and
Bear Street in the City of Santa Ana.
We have been made aware that the Conditional Use Permit hearing that was to take place on April 28,
2008 has. been moved to May 15~', 2008. The hearing is to consider issuing a Conditional Use Permit for
a check; cashing facility at the existing .retail shopping center on Bristol Street. We have shared this
information with the owners of The Aspens.
They do have a concern regarding the issuance of this permit, since check cashing facilities do not add to
the prestige nor quality of services in, an area. We know that the City Council has been focusing on
bringing the businesses in the area to a higher level, as evidenced in a recent hearing regarding a
development at the corner of Plaza and MacArthur. The development at Plaza and MacArthur will
significantly improve the area and make this a more desirable area in which to live and work.
However, the owners feel that the addition of a check cashing facility in the area will do exactly the
opposite. For that reason, they have asked us to convey their opposition to issuing such a permit.
We thank you for your time ancLconsideration .
Sincerely,
~ ~-
David A. Canzoneri
Far West Management Corporation
DAC ac
cc: Matt Foulkes, Assistant Planner I
Santa Ana Planning Commission
20 Civic Center Plaza
P. O. Box 1988 (M-20)
Santa Ana, CA 92702
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11941 Mitchell St., Irvine, CA 92614-6015 P.O. Box 11976 Santa Ana,~L 112~i0~ ~l 949.863.1751 Fax 949.863.9293 www.farwestapartments.eom