99-131RESOLUTION N0. 99R- 131
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT N0. 4117.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
to permit a pawn business as an accessory use to a coin and
jewelry sales business upon certain real property located within
the City of Anaheim, County of Orange, State of California,
legally described as:
THE SOUTH 150.24 FEET OF THE NORTH 216.24
FEET OF THE WEST HALF OF THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 4
SOUTH, RANGE 10 WEST, IN THE RANCHO LOS
COYOTES, CITY OF ANAHEIM, AS PER MAP RECORDED
IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN
THE OFFICE OF THE OFFICE OF THE COUNTY
RECORDER OF SAID ORANGE COUNTY.
EXCEPT THE EAST 14.00 FEET THEREOF.
ALSO EXCEPT THE WEST 120.00 FEET THEREOF.
LOT 1 OF TRACT 2299, IN THE CITY OF ANAHEIM,
AS SHOWN ON A MAP RECORDED IN BOOK 70, PAGES
44 TO 49 INCLUSIVE OF MISCELLANEOUS MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID
ORANGE COUNTY.
THE NORTHERLY RECTANGULAR 20 FEET OF LOT 2 OF
TRACT 2299, IN THE CITY OF ANAHEIM, AS PER MAP
RECORDED IN BOOK 70, PAGES 44 TO 49 INCLUSIVE
OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY; and
WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City Hall in the City of
Anaheim, notices of which public hearing were duly given as
required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at
said hearing, did adopt its Resolution No. PC99-73 denying
Conditional Use Permit No. 4117; and
WHEREAS, thereafter, within the time prescribed by
law, an interested party or the City Council, on its own motion,
caused the review of said Planning Commission action at a duly
noticed public hearing; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful consi-
deration of the recommendations of the City Planning Commission
and all evidence and reports offered at said hearing, that:
1. The proposed use is not properly one for which a
conditional use permit is authorized by the Anaheim Municipal
Code; however, the City Council is considering an amendment to
the Code which would permit this particular use.
2. The proposed use will not adversely affect the
adjoining land uses and the growth and development of the area
in which it is proposed to be located.
3. The size and shape of the site proposed for the use is
adequate to allow the full development of the proposed use in a
manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
4. The traffic generated by the proposed use will not
impose an undue burden upon the streets and highways designed
and improved to carry the traffic in the area.
5. The granting of the conditional use permit under the
conditions imposed will not be detrimental to the peace, health,
safety and general welfare of the citizens of the City of
Anaheim.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 4117 be, and the same is hereby,
granted permitting a pawn business as an accessory use to a coin
and jewelry sales business on the hereinabove described real
property, subject to the following conditions:
1. That trash storage areas shall be refurbished to the
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satisfaction of the Public Works Department, Streets and
Sanitation Division to comply with approved plans on file with
said Department. Further, that the trash enclosure shall be
painted and that gates are required.
2. That the legal property owner shall submit an
application for a Subdivision Map Act Certificate of Compliance
to the Public Works Department, Development Services Division.
A Certificate of Compliance or Conditional Certificate of
Compliance shall be approved by the City Engineer and recorded
in the Office of the Orange County Recorder prior to
commencement of activity.
3. 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.
4. That the landscape planters shall be permanently
maintained with live and healthy plant materials.
5. That the owner of subject property shall submit a
letter requesting termination of Conditional Use Permit No. 1755
(to permit massage in an existing figure salon} to the Zoning
Division.
6. 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 properties.
7. That subject property shall be developed 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 and as
conditioned herein.
8. That prior to commencement of the activity authorized
by this resolution, or prior to issuance of a building permit,
or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 1, 2, 5 and
6, 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.
9. That prior to the commencement of the activity or
final building and zoning inspections, whichever occurs first,
Condition No. 7, above-mentioned, shall be complied with.
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" 10. 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.
11. That no exterior sign containing the word "pawn,"
"collateral loans," or similar wording,advertising the premises
as a pawn business shall be permitted.
12. That the pawn business shall be limited to an
accessory use to the coin and jewelry sales use and items
accepted for pawn shall be limited to precious metals, coins and
jewelry.
13. That this conditional use permit shall not become
effective unless and until an ordinance is adopted and becomes
effective permitting this business as an exception to the
provisions of the Brookhurst Commercial Corridor Overlay Zone
(Ordinance No. 5677).
BE IT FURTHER RESOLVED that the City Council 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
conditions, 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 is approved and adopted by
the City Council of the City of Anaheim this 15th day of June,
1999.
MAYOR OF THE CITY OF A HEIM
ATTEST:
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CITY CLERK OF THE CITY OF ANAHEIM
31358.1
4
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 99R-131 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 15th day of June, 1999, by the following vote of the members
thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken
NOES: MAYOR/COUNCIL MEMBERS: Daly
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 99R-131 on the 15th day of June, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 15th day of June, 1999.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is
the original of Resolution No. 99R-131 was duly passed and adopted by the City Council of the
City of Anaheim on June 15th, 1999.
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CITY CLERK OF THE .CITY OF ANAHEIM