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HomeMy WebLinkAbout19213 - RESOLUTIONS - 3/18/1998 RESOLUTION NO. 19213 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS., CALIFORNIA, OVERRULING THE PLANNING COMMISSION DENIAL Or, CASE 5.0768 TO ALLOW A PAWN SHOP OPERATED BY GLADYS McMILLAN AT THE. PROPERTY ' LOCATED AT 725 N. PALM CANYON DR., C-1 ZONE, SECTION 10. WHEREAS Gladys McMillan (the "Applicant") filed an application with the City pursuant to Section 9402.00 of the Zoning Ordinance for a Conditional Use Permit to allow a pawn shop at the properly located at 725 N. Palm Canyon Dr., "C-1"Zone, Section 10; and WHEREAS notice of public hearing of the Planning Commmission of the City of Palm Springs to consider an application for Conditional Use Permit 5.0768 was mailed, in accordance with applicable law; and WHEREAS, on February 11, 1998, a public hearing on the application for Conditional Use Permit 5.0768 was held by the Planning Commission in accordance with applicable law; and WHEREAS the Planning Commission carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report and all written and oral testimony presented; and WHEREAS the Planning Commission denied the application on the basis that a pawn shop in this ' location would contribute to a negative development condition in the Uptown area, and WHEREAS the City Council has reviewed all evidence presented in connection with the hearing on the project, including, but not limited to, the staff report and all written and oral testimony presented. THE CITY COUNCIL FINDS AS FOLLOWS: Section 1. The City Council finds that this project is categorically exempt from review under the: guidelines of the California Environmental Quality Act(CEQA). Section 2. Pursuant to Zoning Ordinance Section 9402.00: a. A pawn shop at the subject location, 725 N. Palm Canyon Dr., is properly one for which a conditional use permit is authorized by the City's Zoning Ordinance. Furthermore, the subject location is not located any closer than 2,500 feet from any other pawn shop, such distance being a requirement of Section 9212.00 of the Zoning Ordinance. b. The pawn shop, as applied for, is compatible with the development of the community, and is not detrimental to the existing or future uses specifically permitted in the "C-1" Zone and specifically ' the Uptown area. Approval of this Conditional Use Permit relocates a presently non-conforming use to a location at which such use may be permitted. At present, there are only two pawn shops, including the one operated by tlae subject applicant, in the City of Pahn Springs. C. The proposed pawn shop is consistent with the General Plan and will complement the existing and proposed uses in the vicinity. The subject pawn shop is generally similar in nature to other establishments in the area offering antiques, and other second-hand goods, for sale. I� R19213 Page 2 d. The site is adequate in size and shape to accommodate said pawn shop. The property is established with an existing building and accessory parking adequate to service the uses within the building. e. The conditions to be imposed are deemed necessary to protect the public health, safety and general welfare of the existing neighborhood in which this pawn shop is located. Section 3. Pursuant to Municipal Code Section 5.72.010, it is believed that the applicant is of good moral character, that the proposed business will apparently be conducted in compliance with all applicable laws and regulations, and that all state licensing requirements will be complied with. Section 4. This resolution constitutes the approval of the permit(s) required of the City Council for the operation of the subject pawn shop per Sections 5.44 and 5.72.010 of the Municipal Code. NOW, TFIEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council of the City of Palm Springs, California, approves Case 5.0768 for a Conditional Use Permit to allow a pawn shop operated by Gladys McMillan at the property located at 725 N. Palm Canyon Dr., C-1 zone, Section 10, subject to those conditions set forth in the attached Exhibit A, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless otherwise specified. ADOPTED this 18th day of March 1998. AYES: Members Barnes, Hodges and Oden NOES: Member Reller-Spurgin and Mayor Kleindienst ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City,Clel City Manager REVIEWED BY R19213 Page 3 E)UMIT"A„ CASE 5.0768-CUP CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction , of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief or their designee, depending on which department reconumnded the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes., ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harness the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or a.tmul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.0768. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Paln Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. if the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemtfication rights herein. 3. The pawn shop shall be conducted in compliance with all applicable laws and regulations including Palm Springs Municipal Code Sections 5.44 and 5.72.010. The applicant shall comply with all state licensing requirements, obtain the required pert-nit for this business from the Police Chief and maintain a valid business license at all times. As required by the: Municipal Code, the applicant shall file a daily report with the Police Chief of all property received on deposit or purchased; all such property shall be. held for a period of 30 day:; unless released by the Police Chief, and all persons who leave items in the possession of the pawn shop must provide identification, including an address. 4. Separate architectural approval and permits shall be required for all signs. 5. The street address numbering/lettering shall not exceed eight inches in height. 6. No sirens, outside paging or any type of signalization will be permitted, except approved alarm ' systems. 7. No outside storage or display of merchandise of any kind shall be permitted. 8. The pawn shop shall be open to the public between the hours of 9:00 a.m. and 5:00 p.m. only. rP , Rg 4 1#�Y Paagee 4 / 9. Conditional Use Permit 5.0768 is granted for the operation of a pawn shop at 725 N. Palm Canyon Dr. Any change in ownership shall require a 30-day notice to the City prior to any change of ownership. Any change in ownership shall require new permits by the City Council and the Police Chief per Sections 5.44 and 5.72.010 of the Palm Springs Municipal Code. A copy of these conditions shall be provided to any prospective purchaser of the subject business with proof thereof provided to the City along with the required 30-day notice. POLICE DEPARTMENT: Applicant shall comply with Section II of Chapter 8.04 of the Pahn Springs Municipal Code. BUILDING DEPARTMENT: Prior to any construction of tenant improvements, all appropriate permits must be secured.