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HomeMy WebLinkAboutPC RES 346110 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 3461 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 96-021, AUTHORIZING THE ESTABLISHMENT OF PAWNBROKING SERVICES AT 13011 NEWPORT AVENUE, SUITE 111. The Planning Commission does hereby resolve as follows: I · The Planning Commission finds and determines as follows: a. That a proper application for Conditional Use Permit 96-021, has been filed by-Suzanne and Winston Verdult .requesting authorization to allow the pawning of art objects, rugs, paintings, statues, crystal, porcelain, antique furniture, jewelry, gold and silver in conjunction with an existing retail establishment' specializing in antique and estate goods located at 13011 Newport Avenue, Suite 111. B · That, pursuant to Section 9233c(q) of the Tustin City Code, the proposed use is allowed within the Central Commercial (C-2) Zoning District subject to the approval, of a Conditional Use Permit. C. That the City of Tustin License and Permit Board held a noticed public hearing on July 29, 1996, and issued a permit to operate the proposed use subject to approval by the Planning Commission. De A public hearing was duly noticed, called and held for said application on August 12, 1996 by the Planning Commission. E · That the establishment, maintenance, and operation of pawnbroker services, as conditioned, will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin. as evidenced by the following: · Operating criteria have been established per City Code Chapter 6, Sections 3611 through 3616 to provide that the pawn 10 !1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3461 Page 2 . broker business operates in conformance with all City and State requirements and in a manner that assures protection of health, safety, morals, comfort and general welfare. Additionally, conditions of approval have been added that require the applicant to comply with all Police Department requirements related to record keeping and transaction disclosure. The subject pawnbroker business will be operated in conjunction with a larger retail business which is located 'within a commercial center. The proposed pawning activity will be limited to art objects, rugs, paintings, statues, crystal, porcelain, antique furniture, jewelry, gold and silver, and will not accept for pawn items such as automobiles, firearms, power tools, cameras, musical instruments, electronics equipment, or sports equipment.. The subject location will not require no interior or exterior modifications to the business. Fe . The business operator has complied with all Tustin Police Department and State requirements and will not significantly alter the nature of the existing business. Moreover, business hours will remain unchanged and are compatible with the surrounding retail, restaurant and office uses. · The applicants have previously operated pawnbroking businesses and, according to the Department of Justice criminal history backgrounds on the applicants, have had no convictions for stolen property, or stolen property related crimes. · Conditions of Approval limiting the pawn activity will maintain the commercial retail atmosphere of the center. This project has been determined to be Categorically Exempt (Class 1) pursuant to Section 15301 of the California Environmental Quality Act. 2 6 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 3461 Page 3 G. That the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tusti~ General Plan and has been determined to be consistent with the Air Quality Sub-element. II. The Planning Commission hereby approves Conditional Use Permit No. 96-021 to'authorize establishment of pawnbroking services in conjunction with an existing antique and estate sales business located at 13011 Newport Avenue, subject to the Conditions contained in Exhibit A, attached hereto. PASSED ANDADOPTED by the Planning Commission of the City of. Tustin, at a regular meeting on the 12th day of August, 1996. BARBARA REY~ Recording Secretary LOU~BONE Chairman STATE OF CALIFORNIA ) COUNTY OF ORANGE .) CITY OF TUSTIN ) I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3461 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12th day of August, 1996. Recording Secretary EXHIBIT A CONDITIONAL USE PERMIT 96-021 CONDITIONS OF APPROVAL RESOLUTION NO. 3461 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped August 12, 1996, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are to be consistent with provisions of the Tustin City Code or other applicable regulations. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of a pawnbroker license, subject to review and approval by the Community Development Department. 1.3 Conditional Use Permit approval shall become null and void unless, a pawn brokers license is obtained and operations begin within twelve (12) months of the date of this Exhibit. · (1) 1.4 Approval of Conditional Use Permit 96-021 is contingent upon the applicant and property owner signing and returning.an "Agreement to Conditions Imposed" form, as established by the Director of Community Development. *** 1.5 Conditional Use Permit 96-021 shall not become effective until the requirements of Tustin City Code Section 3613 are satisfied. Failure to obtain the required approvals shall render this Conditional Use Permit authorization null and void. In addition, this use permit shall become null and void if the business license is not kept current. (1) 1.6 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of the City's approval of the entitlement process for this project. SOURCE CODES (1) STANDARD CONDITION. (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit. A Resolution No. 3461 Page 2 *** 1.7 Approval of Conditional Use Permit 96-021 shall, be granted to the applicants (Suzanne Verdult and Winston Verdult). only and shall .not run with the land. Conditional Use Permit 96-021 shall become automatically null and void should the subject business relocate from 13011 Newport Avenue, Suite 111, or if ownership of the subject business is transferred. (1) 1.8 Any violations of the Tustin'City Codes or Conditions of Approval of this Conditional Use Permit (CUP) shall be grounds for initiation of revocation proceedings of the CUP. USE RESTRICTIONS *** 2.1 The pawnbroking business shall be accessory to the existing subject retail business, as licensed on the date of approval of this CUP. Total floor space devoted to the operation Of the pawnbroking business shall not occupy mor~ than forty nine (49) percent of the total floor area of the subject lease space. (5) 2.2 Operating hours for the proposed pawnbroking business shall not extend beyond 11:00 a.m. to 6:00 p.m., Tuesday through Saturday, and shall only be run concurrently with the licensed primary use of the subject establishment, which consists of the retail sales of antique and estate items. Any extension of. these hours shall require approval of an amendment to this Conditional Use Permit by.the Zoning Administrator. (5) 2.3 A record of all transactions shall be kept on the premises at all times and shall be made available for inspection by the-Tustin Police'Department upon request. The contents of said record shall comply with Tustin City Code Section 3612(a). (5) 2.4 The reporting of daily transactions shall be made to the Tustin Police Department on the following day of such transactions. The contents of this report shall comply with Tustin City Code Section 3612(b). (1) 2.5 The subject property shall be maintained in a safe, clean and sanitary condition at all times. (5) 2.6 The building shall meet all applicable requirements set forth in the Tustin Security Code relating to commercial structures, including lighting and locking devices. (5) 2.7 Ail graffiti on the property shall be removed within 72 hours of a complaint being transmitted by the City to the property owner. Failure to maintain said structure and Exhibit A Resolution No. 346'1 Page 3 adjacent facilities will be grounds for City enforcement of its Property Maintenance Ordinance, including nuisance abatement procedures. *** 2.8 The subject Conditional Use Permit shall authorize the pawning of the following types of items: art objects, rugs, paintings, statues, crystal, porcelain, antique furniture, jewelry, gold and silver. All other items, including but not limited to automobiles, firearms, power tools, cameras, musical instruments, electronics equipment, or sports equipment shall be specifically prohibited. *** 2.9 Prior to the operation .of the paWn broker business, the applicant shall comply with Sections 21303 and 21304 of the Financial Code which respectively requires the applicant to file a two year non-revokable $20,000 surety bond and $100,000 financial statement of liquid assets. SIGNS (5) 3.1 Ail signs, including any change of copy, require review and approval by the Community Development Department prior to installation. The design, installation and maintenance of said signs shall be in compliance with the Tustin Sign Code and approved criteria for the Plaza LaFayette shopping center and the City's Sign Code. · (5) 3.2 Opaque materials and signage shall not cover more than 25 percent of the aggregate area of all windows and doors of the subject business. FEES (1) 4.1 Within forty-eight (48) hours of approval.of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount .of $38.00 (thirty-eight dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has no~ delivered to the Community Development Department the above-noted check, the statute of limitations for any %nterested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.