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2002-106RESOLUTION NO. 2002R-106 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 (REHEARING). 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, following the recent of all evidence, testimony and reports offered at said public hearing, the City Council adopted its Resolution NO. 2002-52 reinstating Conditional Use Permit No. 3802 for a period of five years, subject to certain conditions of approval specified to said resolution; and WHEREAS, within the time provided by law, the applicant filed an application for rehearing concerning certain of said conditions pursuant to the provisions of Section 1.12.100 of the Anaheim Municipal Code; and WHEREAS, on March 26, 2002, the City Council did consider the applicant's request for a rehearing and did grant the same; and WHEREAS, the City Council did hold a duly noticed rehearing upon said conditional use permit application on May 21, 2002, and did again consider all evidence, testimony and reports offered at said rehearing concerning said conditional us permit; 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 3 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 21st day of May, 2002. MAYOR PRO TEM OF THE CITY OF ANAHEIM AT~EST: ~ . / /?~sY. 2CLERK O~'T~E city 6F~tNAHEiM 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-106 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 21st day of May, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Feldhaus, Tait NOES: MAYOR/COUNCIL MEMBERS: Daly ABSENT: MAYOR/COUNCIL MEMBERS: Kring /~'~- '~'¢?u/O~-I:Y CLE-RK O'~tl'Lii= ClTY~F ANAHEII~I (SEAL)