HomeMy WebLinkAboutCC RESO 2002 - 126RESOLUTION NO. 2002 - 126
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY APPROVING A
CONDITIONAL USE PERMIT
FOR A PAWN SHOP IN THE HIGHLAND PLAZA
SHOPPING CENTER AT 1050 HIGHLAND AVENUE,
SUITE E, ADJACENT TO THE FORMER FEDCO PARKING LOT
APPLICANT: NIGAL, INC./EXPRESS FINANCIAL SERVICES
CASE FILE NO. CUP-2002-12
WHEREAS, the City Council of the City of National City considered a
Conditional Use Permit application for a pawn shop in the Highland Plaza Shopping Center
adjacent to the former Fedco Parking Lot at the regularly scheduled City Council meeting of
August 6, 2002, at which time oral and documentary evidence was presented; and,
WHEREAS, at said public hearing the City Council considered the staff report
prepared for Case File No. CUP-2002-12 which is maintained by the City, and incorporated
herein by reference; and,
WHEREAS, this action is taken pursuant to all applicable procedures required by
State and City law; and,
WHEREAS, this action recited herein is found to be essential for the preservation
of public health, safety and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City, California, that the testimony and evidence presented to the City Council at the
public hearing held on August 6, 2002, support the following findings:
1. That the site for the proposed use is adequate in size and shape, since the
use can be accommodated by an existing suite in a shopping center without any new
construction.
2. That the site has sufficient access to streets and highways that are adequate
in width and pavement type to carry the volume and type of traffic generated by the
proposed use, since it is located on Highland Avenue, an arterial sweet which is operating
beneath capacity, since the proposed use is not anticipated to generate higher traffic
levels than the previous use, and since the project proposes no changes to the existing
driveway access to the street.
3. That the proposed use will not have an adverse effect upon adjacent or
abutting properties, since it will function as a typical retail use in an existing shopping
center and is not expected to create new impacts.
August 20, 2002
Page Two
4. That the proposed use is deemed essential and desirable to the public
convenience and welfare, since it will provide a service that is in demand among
consumers.
BE IT FURTHER RESOLVED that the application is approved subject to the
following conditions:
1. This Conditional Use Permit authorizes a pawnshop at 1050 Highland
Avenue, Suite E. Except as required by conditions of approval, all plans submitted for
permits associated with the project shall conform with Exhibit A, case file no. CUP-
2002-12, dated 5/9/2002.
2. Plans submitted for Building Permit must comply with the 1998 editions
of the California Building, Mechanical, Plumbing, and Electrical Codes and the
California Title 24 handicapped and energy regulations.
3. The deteriorated portions of the existing street improvements, including 20
feet of driveway and 20 feet of sidewalk along the property frontage, shall be removed
and replaced. A permit shall be obtained from the Engineering Department for all
improvement work within the public right-of-way.
4. Before this Conditional Use Permit shall become effective, the applicant
and the property owner both shall sign and have notarized an Acceptance Form, provided
by the Planning Department, acknowledging and accepting all conditions imposed upon
the approval of this permit. Failure to return the signed and notarized Acceptance Form
within 30 days of its receipt shall automatically terminate the Conditional Use Permit.
The applicant shall also submit evidence to the satisfaction of the Planning Director that a
Notice of Restriction on Real Property is recorded with the County Recorder. The
applicant shall pay necessary recording fees to the County. The Notice of Restriction
shall provide information that conditions imposed by approval of the Conditional Use
Permit are binding on all present or future interest holders or estate holders of the
property. The Notice of Restriction shall be approved as to form by the City Attorney and
signed by the Planning Director prior to recordation.
5. This permit shall become null and void if not exercised within (one year)
after adoption of the resolution of approval unless extended according to procedures
specified in Section 18.116.190 of the Municipal Code.
6. This permit shall expire if the use authorized by this resolution is
discontinued for a period of 12 months or longer. This permit may also be revoked,
pursuant to provisions of the Land Use Code, if discontinued for any lesser period of
time.
August 20, 2002
Page 3
7. The business shall be operated in compliance with Municipal Code Title 6
at all times.
8. This Conditional Use Permit may be revoked upon the recommendation of
the Police Department if the operator is found to be in violation of any state or local law
regulating pawnshops.
9. Transactions involving firearms are prohibited at the site.
10. This Conditional Use Permit shall expire five years from the date of
adoption of this Resolution.
BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted
forthwith to the applicant; and,
BE IT FURTHER RESOLVED that this Resolution shall become effective and
final on the day following the City Council meeting where the resolution is adopted. The time
within which judicial review of this decision may be sought is governed by the provisions of
Code of Civil Procedure Section 1094.6.
PASSED and ADOPTED this 20th day of August, 2002.
George H. Waters, Mayor
ATTEST:
Micha 1 R. Dalla, ity Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney