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HomeMy WebLinkAbout20110831_2011-11_2610SBristolSt• ROH - 08/31/11 RESOLUTION NO. 2011-11 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2011-18 TO ALLOW CHECK CASHING SERVICES AT 2610 SOUTH BRISTOL STREET BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as follows: A. The Applicant is requesting approval of Conditional Use Permit No. 2011-18 to allow the operation of a check cashing facility in a C4 zoning district at 2610 South Bristol Street. B. Conditional Use Permit No. 2011-18 came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on August 31, 2011. • C. Santa Ana Municipal Code Section 41-412.5 requires a conditional use permit for the operation of check cashing services in a C4 zoning district. D. Santa Ana Municipal Code Section 41-638 authorizes the Zoning Administrator 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 the community? The proposed check cashing facility, as conditioned, will contribute to the general well being of the neighborhood and the community by providing an alternative place for residents to cash checks without using a traditional banking system. The facility will meet all State and City guidelines pertaining to such use including the 1,000-foot separation requirement. 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 check cashing facility will not be detrimental to • the general welfare and safety of the surrounding businesses and residents. Conditions of approval have Resolution No. 2011-11 Page 1 of 5 • been incorporated into the project in order to address property maintenance items including signs, graffiti, litter, and landscaping upgrades to the property. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The check cashing facility will operate within an existing retail center and will complement surrounding retail uses within the area. Check cashing uses are allowed within the existing Planned Shopping Center (C4) zoning district with a conditional use permit. The check cashing facility will provide services that complement surrounding businesses and should draw additional uses to the existing retail center. The use is consistent with Policies 4.2 and 5.5 of the City's Land Use Element of the General Plan which encourage uses that provide service and community benefit while maintaining consistency with surrounding development and are compatible with existing uses. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the Santa Ana Municipal Code for such • use? As conditioned, the proposed use will be in compliance with all applicable sections of Chapter 41 of the Santa Ana Municipal Code including minimum separation requirements as required for new check cashing establishments. The distance requirement ensures a reasonable separation between these uses while offering a reasonable walking distance for pedestrian clients who patronize such services. 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. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Check cashing facilities provide an additional service to residents of neighboring areas who have a need for a local establishment which can provide these types of financial transactions. Section 2. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15061(b)(3), which is a • general rule exemption applying to projects that have no possibility of having a significant Resolution No. 2011-11 Page 2 of 5 • effect on the environment. Categorical Exemption Environmental Review No. 2010-89 will be filed for this project. Section 3. The Zoning Administrator of the City of Santa Ana hereby approves Conditional Use Permit No. 2011-18 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 Zoning Administrator Action dated August 31, 2011, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 31st day of August, 2011. Sergio Zoninc APPROVED AS TO FORM: Joseph A;Straka, Interim City Attorney ~J By._ Ryan CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2011-11 to be the original resolution adopted by the Zoning Administrator of the City of Santa Arta on August 31, 2011. Date: ~~ ~ ~ ~ Clerk of the ing Administrator City of Santa Ana Resolution No.2011-11 Page 3 of 5 • Conditions for Conditional Use Permit No. 2011-18 Conditional Use Permit No. 2011-18 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the Califomia Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condtion listed below riot 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 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2010-20. 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. All tenant signs, including temporary banners, shall comply with Santa Ana Municipal Code Sign Regulations. 4. The site and parking lot area shall be maintained in compliance with the City's Commercial Development Standards for the Planned Shopping Center (C4) zoning district to include maintenance of all landscaped areas. 5. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 6. The applicant (s) shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 7. The business operation in conjunction with the check cashing facility shall be permitted only between the hours of 9:00 a.m. to 9:00 p.m. seven days a week. 8. Within 30 days of final approval by the Planning Commission, apply for a Certificate of Occupancy to include check cashing use. Exhibit A Page 1 of 2 Resolution No. 2011-11 Page 4 of 5 • B. Police Department 1. Existing tenant space and required parking within 60 feet 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 projects lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. These items shall be complied with within 30 days after Planning Commission approval. 2. Window displays must be kepi to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 3. Window displays and racks must be kept to a maximum height of three feet including merchandise. 4. Atimed-access cash controller or drop safe must be installed. 5. Install a silent armed robbery alarm. n U • Exhibit A Page 2 of 2 Resolution No. 2011-11 Page 5 of 5