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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 J ~~ ~_~ 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 ~ SERVIMAX FINANCIAL ~, ~~~•~•~~~ 3316 SOUTH BRISTOL STREET - - =sooFEET 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 VICINITY MAP 3~`~~' COM ERCIAL 9L~ W>~ Q W MULTI W ~ MOORE v~ W = ~' ~ FA M I L Y AV ~ O . ~~ (n RESIDENTIAL N LE FA ILY ~ ? E ID NTI ALTON AVENUE PRaIECT SITE J J ~1 Q Q J Q h O U 2 U W _ n ~ W Q ~ T ~. W J ~ Q O J O ~ U U ~ ~ W O O ~ ~ N ~ U C O M M E R I A L O m U CUP 08-4 ~-' SERVIMAX FINANCIAL ~, 3316 SOUTH BRISTOL STREET 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 31AB~T2 ~' ..~.-~*. _. ~.~ ,~~" B .-r< _ ~ ~ ~ ~ J' i /' 1 ~ 1 ~, 1 ~, i ,+' i ~, ~' i / 1 , 1 t ~ ~ ~ { ~ C ~1 It 1 r I M D I ~ ~ 1E~1 ~~ 3 f L '- ~,~~ G _ _ I ~ ' ~ } _.__-_-_-Z _-_._ C -__ ~, J -T- _. __ _. __--. I _.. l -- - i -- ~ - -_, ~ _ ~ ~ " i -,-r-~ r ~_ t_ ~ - j ~- ---~ ; -; - ~ -r is n 0 m a ~ /~ ~.~ j ° _ i m ' N ! 1 ___'1 _'- V -i~--t~-~y 11 i \ ~.,' u 1 ~_ is nnaNarod N O ~1y~ IA ~ 114N ~ ~ T $ ~ ~ O o6 V 1~1 W N N ., ~ U ~ cn ^^ N ~N ~ ~ _ •U ~ ~ ~ m ~ Q WLL N~' _ w m~~ ° Cm ~ C ~ C •L O m O E ui m~3M ui cmmv~m~n r~ ~ vi~ ~' m L N N ~ CV 3 oa 3 ~~~ '' w ~m ~~•~~ m W L U ~ ~ , r'~~= ~ (/) vv ~ wy~w M X ~ O ~~ o a ~m v ~o ~g M N. ~ V r ~ e •~ ° V Y ~ CZ .. w ° a. ~ C{LS~ O CZ ~ fn k ~ M ~~~`~~ ~ a W3~mm3°3 c '~E C.~~cVC~eT c ~ m4'lIGh000~e-~ ~ 3'~i~- 10 c Z` m N °~ U ~ 'o a ~ ° m~ v m a v ~! 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 r~ t~ -~ ~e ~~~., t -.w,- c ~. 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