Resolution-PC 2002-6• .
RESOLUTION NO. PC2002-6
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING
CONDITIONAL USE PERMIT NO. 3802
WHEREAS, on October 30, 1995, Resolution No. 95-143 was adopted by the Anaheim
City Planning Commission to approve Conditional Use Permit No. 3802 and permit a pawn shop in an
existing commercial shopping center for a period of three years;
WHEREAS, on January 5, 1999, the City Council reinstated the permit for a period of two
years to expire on January 5, 2002. City Council Resolution No. 99R-3 adopted in conjunction with the
reinstatement of Conditional Use Permit No. 3802 contained the following condition of approval:
"2. That the subject use permit shall terminate on January 5, 2002."
WHEREAS, this property is developed with a pawn shop in a 2-unit, 10,020 sq.ft.
commercial shopping center in the CL (Commercial, Limited) zone (Eastside Jewelry and Loan at 1500
East Lincoln Avenue); and that the Anaheim General Plan Land Use Element designation is General
Commercial; and
WHEREAS, the petitioner has requested reinstatement of this use permit, which expired
on January 5, 2002, to retain the pawn shop in the shopping center, under authority of Code Sections
18.03.093, 18.03.091 and 18.03.092 of the Anaheim Municipal Code; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on January 14, 2002 at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.03, to hear and consider evidence for and against said conditional use permit reinstatement and to
investigate and make findings and recommendations in connection therewith; and that said public hearing
was continued from the December 17, 2001 Planning Commission meeting; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the pawn shop use is properly one for which a conditional use permit is authorized
by the Zoning Code;
2. That the facts necessary to support each and every required showing for the issuance of
such entitlement as set forth in Chapter 18.03 exist;
3. That said permit is being exercised substantially in the same manner and in conformance
with all conditions and stipulations originally approved by the approval body;
4. Tha# said permi# is being exercised in a manner not detrimer~ta! to the pa~ticular area and
surrounding land uses, nor to the public peace, health, safety and general welfare; and
5. That the use, as conditioned, will not adversely affect the adjoining land uses and the
growth and development of the area in which it is located;
6. That the size and shape of the site for the project is adequate to allow the full
development of the use in a manner not detrimental to the particular area nor to the peace, health, safety,
and general welfare;
7. That the traffic generated by the project does not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area;
CR5276DM.doc
(Tracking No. CUP2001-04475) 1 PC2002-6
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8. That the granting of this reinstatement under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; and
9. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALtFORNIA ENVIRONMENTAL QUALITY ACT FINDiNG: That the Anaheim City
Planning Commission has reviewed the proposal to a time limitation (approved on January 5, 1999 to
expire January 5, 2002) to retain a pawn shop within an existing commercial center and does hereby find
that the Negative Declaration previously approved in connection with Conditional Use Permit No. 3802 is
adequate to serve as the required environmental documentation in connection with this request upon
finding that the declaration reflects the independent judgment of the lead agency and that it has
considered the Negative Declaration together with any comments received during the public review
process and further finding on the basis of the initial study and any comments received that there is no
substantial evidence that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant reinstatement of Conditional Use Permit No. 3802, upon the following conditions which
are hereby found to be a necessary prerequisite to the use of the subject property in order to preserve the
safety and general welfare of the Citizens of the City of Anaheim
That this conditional use permit shall expire on January 5, 2007.
2. That the hours of operation for the pawn shop shall be limited to 9 a.m.-9 p.m. Monday through
Sunday, daily.
3. That no required parking area shall be fenced or otherwise enclosed for outdoor uses other than
parking.
4. That no compact parking spaces shall be permitted.
5. That trash storage areas shall be provided and maintained in a location acceptable to the Public
Works Department, Streets and Sanitation Division and in accordance with approved plans on file
with said Department. Said storage areas shall be designed, located and screened so as not to be
readily identifiable from adjacent streets or highways. The walls of the storage areas shall be
protected from graffiti opportunities by the use of plant materials such as minimum 1-gallon size
clinging vines planted on maximum 3-foot centers or tall shrubbery.
6. That the property shall be permanently maintained in an orderly fashion by providing regular
landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24)
hours from time of occurrence.
7. That 3-foot high address numbers shall be displayed on the roof in a contrasting color to the roof
material. The numbers shall not be visible from the view of the street or adjacent and nearby
properties. Said 9nformatio~ shall be specifcally shown on plans subrr~itted for Police Departmen#,
Community Services Division approval.
8. That within 90 days of the date of this resolution, a landscape plan shall be submitted to the Zoning
Division staff for review and approval showing a total of eight (8) minimum 24-inch box sized trees
and a shrub screen in the landscape planter adjacent to Lincoln Avenue and the planter containing
the free-standing signage. The Community Services Division of Urban Forestry shall approve
specific tree species. Said landscaping shall be planted within thirty (30) days of date of staff's
approval and shall thereafter be maintained in healthy condition and not unreasonably pruned.
9. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
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10. That the on-site landscaping and irrigation system shall be maintained in compliance with City
standards.
11. That subject property shall be maintained substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Depa~tment marked Exhibit Nos. 1 and 2 as approved for Conditional Use Permit No. 3802 and as
conditioned herein.
42. That within a period of ninety (90) days from the date of this resolution, Condition Nos. 5, 7, 8, and
11, above-mentioned, shall be complied with. Extensions for further time to complete said
conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
13. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
AND BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's
compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any
part thereof, be declared invalid or unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 14, 2002.
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CHAIRP ON, ANAHEIM PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, Secretary of the Anaheim City Pfanning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on January 14, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL,
NOES: COMMISSIONERS: EASTMAN, KOOS, VANDERBILT
ABSENT: COMMISSlOlVERS: ~IOIVE
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iN WIT~ItSS WHEREOF, i have hereunto set my hand this ~ day of
~, 2002.
~.Pi~-a~?D
ECRETARY, ANAHEIM CITY PLANNING COMMISSION
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