2002-052RESOLUTION NO. 2002R-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM REINSTATING CONDITIONAL USE PERMIT
NO. 3802 FOR A PERIOD OF FIVE YEARS TO EXPIRE
JANUARY 14, 2007, AND AMENDING CERTAIN
CONDITIONS OF APPROVAL RELATING THERETO AS
SET FORTH IN RESOLUTIONS NO. 99R-3 AND
PC95-143.
WHEREAS, on October 30, 1995, Resolution No. PC95-143
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, Conditional Use Permit No. 3802 did expire by
its own terms, on January 5, 2002; 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
WHEREAS, on January 14, 2002, the Planning Commission
did adopt its Resolution NO. PC2002-6 approving reinstatement of
Conditional Use Permit No. 3802 for the reasons set forth therein;
and
WHEREAS, within the time permitted by law, an interested
party, or the City Council by its own action, did appeal the
decision of the Planning Commission to the City Council; and
WHEREAS, said City Council did hold a public hearing on
said appeal at the City hall in the City of Anaheim on February 26,
2002, notice of said hearing having been duly given as required by
law and in accordance with the provisions of the Anaheim Municipal
Code, to hear and consider evidence for and against said proposed
amendment and to investigate and make findings and recommendations
in connection therewith; and
WHEREAS, said City Council after due inspection,
investigation and study made by itself and on its behalf, and after
due consideration of all evidence and reports offered at said
hearing, does find and determine as follows:
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. That said permit is being exercised in a manner not
detrimental to the particular 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;
8. That the granting of this reinstatement under the
2
conditions imposed, will not be detrimental to the peace, health,
safety and general welfare of the citizens of the City of Anaheim;
and
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that Conditional Use Permit No. 3802 as
approved by Resolution No. PC95-143 and extended by Resolution No.
99R-3, be, and the same is hereby, reinstated and extended for
subject to compliance with the following conditions; and that the
conditions of Conditional Use Permit No. 3802, be, and the same are
hereby, amended and restated in their entirety, to read as follows:
1. That this conditional use permit shall expire on January
14, 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 information shall be specifically shown on
plans submitted for Police Department, 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.
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 Department marked Exhibit Nos. 1 and 2 as approved for
Conditional Use Permit No. 3802 and as conditioned herein.
12. 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.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 26th day of February ,
2002.
MAYOR PRe)r-T-EM OF THE-~TY--O~5 ANAHEIM
ATTEST:
43828.1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2002R-52 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 26th day of February, 2002, by the following vote of the
membersthereof:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
Feldhaus, Kring, Tait, McCracken
Daly
None
(~I~-Y CLF_~K O~: ~HE CITY OF ANAHEIM
(SEAL)