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CU-99-4 Appeal - 3 - July 27, 1999 discouraging to shoppers. It also does not fulfill an unmet market, because it is located within 250 feet of a similar business which gives cash advances and also cashes checks and issues money orders. It would adversely impact the surrounding community and the shopping center because this type of business would adversely affect the retail mix of the shopping center and would convey a negative image of the neighborhood. Additionally, some of the Board members were concerned about possible secondary effects that could result from these types of uses, such as loitering. These members felt that they could not make the second required finding for the use permit in that the use would be detrimental to the general welfare of the area. Other BZA members focused on the second viewpoint of the right of free enterprise. They felt that the Zoning Code has no specific provisions for determining an over -concentration of general retail uses. This use was not seen as any different from other retail service uses such as a restaurant or a beauty salon. It was felt that the market would determine if there was an over -concentration of this kind of use, and that the City had no grounds for denying the use. They believed that the four findings could be made for approval of the use permit. Staff had originally recommended approval of the use permit to the BZA. Should the City Council decide to approve the use (reverse the decision of the BZA), staff suggests adding several conditions to allow for review of any modification to the use and to require future review of the use. A condition of approval is recommended that any modification in the business' operation, such as added services, extension of hours or the installation of an ATM, shall be subject to the review of the Development Services Director, with possible review by the BZA, to determine if a modification of the conditional use permit is required. To address concerns about the potential impact of this business on the shopping center and the neighborhood, staff recommends adding a condition of approval to require a 12-month follow-up review, which may result in additional conditions or modifications of the use to address any concerns. Alternatively, if the City Council denies the application (upholds the decision of the BZA), the Council may consider directing staff to evaluate possible amendments to the Zoning Code to avoid over -concentration of such uses. Since these uses appear to be proliferating, a moratorium could also be considered while these amendments are studied. ENVIRONMENTAL REVIEW This matter is categorically exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines, Article 19, Section 15301. FINDINGS FOR APPROVAL In order for the City Council to approve the Conditional Use Permit, it must make all of the following findings: That the proposed location of the use is in accord with the objectives of this Code and the purposes of the district in which the site is located.