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Home My WebLink AboutCC RESO 2008-132RESOLUTION NO. 2008 — 132 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT TO ALLOW FOR AN 830 SQUARE FOOT EXPANSION OF AN EXISTING PAWN SHOP AT 1050 HIGHLAND AVENUE, SUITE E. APPLICANT: EXPRESS FINANCIAL SERVICES CASE FILE NO. 2008-08 CUP WHEREAS, the Planning Commission considered a Conditional Use Permit to allow for an 830 square foot expansion of an existing pawn shop at 1050 Highland Avenue, Suite E, at a public hearing held on May 19, 2008, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council considered said application at a public hearing held on July 1, 2008, at which time oral and documentary evidence was presented; 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 that the testimony and evidence presented to the City Council at the public hearing held on July 1, 2008, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the pawn shop is an existing use proposing a minor expansion into an existing, adjacent suite. 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 street, and since the pawn shop is an existing use proposing a minor extension into an existing suite. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since it has been operating at this location since August 2002, will continue to function as a typical retail use in an existing shopping center, and is not expected to create additional impacts. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will continue to 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 an 830 square foot expansion a pawn shop 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. 2008-08 CUP, dated April 29, 2008. 2. The business shall be operated in compliance with California Business and Professions Code Sections 21625-21647 at all times. Resolution No. 2008 — 132 July 1, 2008 Page 2 3. The sale of firearms is prohibited at the site. 4. Exterior walls of the pawn shop and trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 5. The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) an approved SUSMP will be required prior to issuance of an applicable engineering permit; the SUSMP shall be prepared by a Registered Civil Engineer. 6. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations, which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit, as determined by the City Engineer. 7. The deteriorated portions of the existing street improvements (sidewalk 30') along the property frontages shall be removed and replaced if applicable pursuant to ordinance 1491. 8. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 9. 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. 10. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. The permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 11. 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 in accordance with Section 18.116.170. 12. 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 Resolution No. 2008 — 132 July 1, 2008 Page 3 and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Planned Development 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 Planned Development 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 Attomey and signed by the Planning Director prior to recordation. 13. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the Califomia Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 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 1st day of July, 2008. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: 17 ��Y;. i George H. iser, III City Attorney Passed and adopted by the Council of the City of National City, California, on July 1, 2008 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California lA N City C rk of the City of jlational City, California .14 By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2008-132 of the City of National City, California, passed and adopted by the Council of said City on July 1, 2008. City Clerk of the City of National City, California By: Deputy