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HomeMy WebLinkAbout2009-11 RESOLUTION NO. 2009-11 bk:10/26/09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA DENYING CONDITIONAL USE PERMIT NO. 2009-15 AND VARIANCE NOS. 2009-03, 2009-05, 2009-06, 2009-07 AND 2009-09 SEEKING TO ESTABLISH A NEW CHECK CASHING FACILITY FOR THE PROPERTY LOCATED AT 1647 EAST FIRST STREET, SUITE A 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. Applicant is requesting approval of a variance to city standards needed to establish a new check cashing facility at 1647 East First Street, Suite A. B. Variance No. 2009-03, came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on August 24, 2009. • Following public testimony, the matter was continued by the Planning Commission to October 12, 2009, and staff was directed to return at that time with all needed discretionary actions. C. Conditional Use Permit No. 2009-15 and Variance Nos. 2009-03, 2009-05, 2009-06, 2009-07 and 2009-09 have been filed with the City of Santa Ana seeking a variance to city standards, specifically the standard that check cashing facilities must be located at least 1,000 feet apart, needed to establish a new check cashing facility at 1647 East First Street, Suite A. Section 41-374.5 of the Santa Ana Municipal Code requires a minimum separation of 1,000 feet between check cashing facilities, as measured from property line to property line. The proposed site is 110 feet from a site with an approved conditional use permit to operate as a check cashing facility. In addition, the property has a number of non-conformities for which the applicant is seeking several variances from the Municipal Code's development standards for C-2 properties. These variances include minimum lot size, building setbacks, landscaping and parking. Finally, the applicant is seeking a conditional use permit in order to allow a check cashing facility at the subject property. D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance to the 1,000 foot separation requirement between check cashing facilities upon making certain findings. • Resolution No. 2009-11 Page 1 of 9 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of provisions of this Chapter. The subject site is located within 110 feet of an existing entitled check cashing facility which directly violates the purpose and intent of Ordinance No. NS-2412 which was to require a 1,000 foot separation between check cashing facilities in order to prevent their over-proliferation within the City's commercial areas. No special circumstances applicable to the subject project exist to justify the granting of this variance. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of this variance would allow the property owner the ability to operate a check cashing business at this location; however, the property's location within the General Commercial (C-2) zoning district allows a variety of office and retail uses which are unconditionally permitted in this zone and • similar in nature to the proposed use. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The Santa Ana Municipal Code was amended in 1999 to require a 1,000 foot separation between check cashing facilities as a way to prevent the over proliferation of this type of use and the potential for illicit activity associated with check cashing uses. The approval of this variance and subsequent conditional use permit has the potential to be detrimental to the public welfare in that by allowing a second check cashing facility within 1,000 feet of another facility will only increase the potential for illicit activity. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will adversely affect the City's General Plan by opposing several of the General Plan Land Use policies, including Policy 2.2 by allowing an additional conditionally permitted use in an area which is already accommodated by an adequate amount of banking services. • Resolution No. 2009-11 Page 2 of 9 Additionally, the approval of this variance and subsequent • conditional use permit will oppose Land Use Policy 2.9 which supports developments that create a business environment that is safe and attractive, while check cashing facilities have been known historically to be locations of illicit activity. E. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance to the building setback requirement for check cashing facilities upon making certain findings. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. The subject site is located within 110 feet of an existing entitled check cashing facility which directly violates the purpose and intent of Ordinance No. NS-2412 which was to require a 1,000 foot separation between check cashing facilities in order to prevent their over- proliferation within the City's commercial areas. The existing building may be utilized for a number of office and service uses without any additional discretionary actions. No special circumstances applicable • to the subject project exist to justify the granting of this variance. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of this variance would allow the property owner the ability to operate a check cashing business at this location; however, the property's location within the General Commercial (C-2} zoning district allows a variety of office and retail uses which are unconditionally permitted in this zone and similar in nature to the proposed use. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The Santa Ana Municipal Code was amended in 1999 to require a 1,000 foot separation between check cashing facilities as a way to prevent the over proliferation of this type of use and the potential for illicit activity associated with check cashing uses. The approval of this variance and subsequent conditional use permit has the potential to be detrimental to the public welfare in that by allowing a second • Resolution No. 2009-11 Page 3 of 9 • check cashing facility within 1,000 feet of another facility will only increase the potential for illicit activity. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will adversely affect the City's General Plan by opposing several of the General Plan Land Use policies, including Policy 2.2 by allowing an additional conditionally permitted use in an area which is already accommodated by an adequate amount of banking services. Additionally, the approval of this variance will oppose Land Use Policy 2.9 which supports developments that create a business environment that is safe and attractive, while check cashing facilities have been known historically to be locations of illicit activity. • F. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance to the landscape standards for check cashing facilities upon making certain findings. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. The subject site is located within 110 feet of an existing entitled check cashing facility which directly violates the purpose and intent of Ordinance No. NS-2412 which was to require a 1,000 foot separation between check cashing facilities in order to prevent their over- proliferation within the City's commercial areas. The existing building may be utilized for a number of office and service uses without any additional discretionary actions. No special circumstances applicable to the subject project exist to justify the granting of this variance. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of this variance would allow the property owner the ability to operate a check cashing business at this location; however, the property's location within the General Commercial (C-2) zoning district allows a variety of office and retail uses which are unconditionally permitted in this zone and similar in nature to the proposed use. • Resolution No. 2009-11 Page 4 of 9 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The approval of this variance will be detrimental to the public welfare by intensifying the use of the site without bringing it into compliance with the minimum landscape standards. The sites lack of landscaping contributes to the general degradation of the property which has the potential to affect surrounding property values. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will adversely affect the City's General Plan by opposing several of the General Plan Land Use policies, including Policy 2.2 by allowing an additional conditionally permitted use in an area which is already accommodated by an adequate amount of banking services. Additionally, the approval of this variance will oppose Land Use Policy 2.9 which supports developments that create a business environment that is safe and attractive, while check cashing facilities have been known historically to be locations of illicit activity. G. Santa Ana Municipal Code Section 41-638 authorizes the Planning • Commission to grant a variance to the parking standards for check cashing facilities upon making certain findings. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. The subject site is located within 110 feet of an existing entitled check cashing facility which directly violates the purpose and intent of Ordinance No. NS-2412 which was to require a 1,000 foot separation between check cashing facilities in order to prevent their over- proliferation within the City's commercial areas. The existing building may be utilized for a number of ofFce and service uses without any additional discretionary actions. No special circumstances applicable to the subject project exist to justify the granting of this variance. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of this variance would allow the property owner the ability to operate a check cashing business at this location; however, • Resolution No. 2009-11 Page 5 of 9 the property's location within the General Commercial (C-2) zoning • district allows a variety of office and retail uses which are unconditionally permitted in this zone and similar in nature to the proposed use. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The Santa Ana Municipal Code was amended in 1999 to require a 1,000 foot separation between check cashing facilities as a way to prevent the over proliferation of this type of use and the potential for illicit activity associated with check cashing uses. The approval of this variance and subsequent conditional use permit has the potential to be detrimental to the public welfare in that by allowing a second check cashing facility within 1,000 feet of another facility will only increase the potential for illicit activity. Further, allowing an additional use on this site will further intensify the lack of off-street parking. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will adversely affect the City's General Plan by opposing several of the General Plan Land Use policies, • including Policy 2.2 by allowing an additional conditionally permitted use in an area which is already accommodated by an adequate amount of banking services. Additionally, the approval of this variance will oppose Land Use Policy 2.9 which supports developments that create a business environment that is safe and attractive, while check cashing facilities have been known historically to be locations of illicit activity. H. 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 another check cashing business in this area will not contribute to the general well being of the neighborhood or community. An Office of Planning and Research study regarding check cashing concluded that the average check cashing business patron will spend up to five percent of their annual income paying fees to cash checks when most commercial banks will offer this service for free or reduced rate. Additionally, there is another check cashing facility proposing to operate in the adjacent center • Resolution No. 2009-11 Page 6 of 9 and there are six other check cashing faculties within cone-mile • radius of the proposed facility that offer similar or the same financial services. The existing check cashing facilities sufficiently meet Policy 2.2 of the Land Use Element which 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 be detrimental to persons residing or working in the area as check cashing establishments have been associated with a variety of illicit activities. 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 negatively affect the economic stability of the surrounding area by adding a use that has been known to attract illicit activity. When the City Council modified the Santa Ana Municipal Code to allow check cashing facilities with a • conditional use permit, one of the development standards was to require a 1,000 foot separation between facilities. This separation requirement was implemented as a result of concerns regarding the over proliferation of check cashing businesses and the potential for illicit activity that is associated with this use. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed check cashing business does not meet several of the development standards specified in Chapter 41 of the Santa Ana Municipal Code including: lot size, parking, building setbacks, landscaping and separation requirements for check cashing facilities in the commercial zone. Variances from each of these standards will be required in order for the project to comply with Chapter 41 of the Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? • Resolution No. 2009-11 Page 7 of 9 The granting of the variance will adversely affect the City's General Plan by opposing several of the General Plan Land Use policies, including Policy 2.2 by allowing an additional conditionally permitted use in an area which is already accommodated by an adequate amount of banking services. Additionally, the approval of this variance and subsequent conditional use permit will oppose Land Use Policy 2.9 which supports developments that create a business environment that is safe and attractive, while check cashing facilities have been known historically to be locations of illicit activity. In accordance with the California Environmental Quality Act, the proposed project is exempt from CEQA review per Section 21080(5). This subsection applies to projects in which the public agency disapproves of the request. Should the project ultimately be approved, further environmental review may be required. Environmental Review No. 2009-102 will be filed for this project. Section 2. The Planning Commission, after conducting the public hearing and being fully advised, hereby denies Conditional Use Permit No. 2009-15 and Variance Nos. 2009-03, 2009-05, 2009-06, 2009-07 and 2009-09 for the property located at 1647 East First Street, Suite A. • This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Requests for Planning Commission Action dated August 24, 2009 and October 12, 2009 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 12th day of October, 2009 by the following vote: AYES: Commissioners: Alderete, Betancourt, Gartner, Leo, Turner (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Yrarrazaval (1) ABSTENTIONS: Commissioners: None (0) Christop Leo Chairma • Resolution No. 2009-11 Page 8 of 9 APPROVED AS TO FORM: • Joseph W. Fletcher, City Attorney <, By: ~ ~ _. Ben' m' Kauf an Chi sistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2009-11 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 12, 2009. Date: /~ ~~ : ~~ Planning Commission Sec ary City of Santa Ana • Resolution No. 2009-11 Page 9 of 9