HomeMy WebLinkAboutPC RES 33181 RESOLUTION NO. 3318
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, APPROVING AMENDMENT TO CONDITIONAL USE
PERMIT 92-003 AUTHORIZING THE SALES AND PAWNING OF
FIREARMS AT AN EXISTING PAWN BROKER BUSINESS
LOCATED AT 604 EL CAMINO REAL.
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I. The Planning Commission finds and determines as follows:
A®
That a proper application for Amendment to
Conditional Use Permit 92-003 has been filed by
Marvin Rowland requesting authorization for the
sales and pawning of firearms at an existing pawn
broker business located at 604 E1 Camino Real.
Be
That on February 24, 1992 the Planning Commission
approved Conditional Use Permit 92-003, authorizing
the establishment of a pawn broker business in an
existing tenant space on the property located at
604 E1 Camino Real.
Ce
A public hearing was duly noticed, called and held
for said application on December 12, 1994 by the
Planning Commission.
De
That the establishment, maintenance, and operation
of the use applied for will not, under the
circumstances of this case, 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 has been established per
City Code Sections 3611 through 3616 to
provide that the pawn broker business operates
in conformance with all City and State
requirements and in a manner that assures the
surrounding community of the protection of
health, safety, morals, comfort and general
welfare. Additionally, conditions of approval
in the original Conditional Use Permit require
that the applicant is aware of and complies
with all City requirements related to record
keeping and transaction disclosure to the
Tustin Police Department.
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Resolution No. 3318
Page 2
·
The subject pawn broker business is located
within an established shopping center which
maintains a variety of business types. The
authorized sales and pawning of firearms at
the subject location would require no interior
of exterior modifications to the business and
would not significantly change the operations
of the business, as firearms are accessory to
other merchandise and constitute about 10%-20%
of the pawn broker business with less than 5
percent of the tenant space devoted to the
sales, display and storage of firearms.
·
The sales and pawning of firearms will not
result in negative impacts to neighboring
tenants, as firearms will be accessory to
other items of the business.
·
The sales and pawning of firearms is an
appropriate activity for the subject pawn
broker business as the business operator has
complied with all Tustin Police Department and
State requirements, and the accessory sales
and pawning of firearms will not significantly
alter the nature of the existing business.
Furthermore, business hours will remain
unchanged and are compatible with the
surrounding retail commercial uses.
·
As conditioned, the business hours for the
subject pawn broker business may not extend
beyond 7:00 a.m. to 9:00 p.m., seven (7) days
a week, in accordance with Tustin City Code
Section 3615.
·
According to the Tustin Police Department, the
applicant has been operating the subject pawn
broker business since May of 1992 in
accordance with all State and Federal
regulations and laws pertaining to the subject
business. In addition, there is no record of
any complaints being received regarding the
operation of the subject business.
E·
This project has been determined to be
Categorically Exempt (Class 1) pursuant to Section
15301 of the California Environmental Quality Act.
II. The Planning Commission hereby approves Amendment to
Conditional Use Permit 92-003 authorizing the sales and
pawning of firearms at an existing pawn broker business
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Resolution No. 3318
Page 3
located at 604 E1 Camino Real, subject to the conditions
contained in Exhibit A, attached hereto.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Commission, held on the
Secretary
12th day of December, 1994.
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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. 3318 was duly
passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 12th day of December, 1994.
· /B~ARBA~.. REY~
Recording .Secretary
EXHIBIT A
AMENDMENT TO CONDITIONAL USE PERMIT 92-003
CONDITIONS OF APPROVAL
RESOLUTION NO. 3318
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans for the project date stamped December 12,
1994, 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.
(1) 1.2 Unless otherwise specified, the conditions contained in
this Exhibit shall be complied with prior to the
inclusion of the statement "valid for the retail sales of
firearms" on the business license for the business,
subject to review and approval by the Community
Development Department.
(1) 1.3 Approval of Amendment to Conditional Use Permit 92-003 is
contingent upon the applicant signing and returning an
"Agreement to Conditions Imposed" form, as established by
the Director of Community Development.
*** 1.4 Ail Conditions of Approval of Conditional Use Permit 92-
003 shall remain in full force and effect.
*** 1.5 The sales and pawning of firearms would be permitted
under the present business ownership only. In the event
that the business ownership were to change, the subject
Conditional Use Permit Amendment would become null and
void.
(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.
*** 1.7 To discourage and prevent theft and other crimes, the
applicant shall implement and/or maintain adequate
security measures at the subject pawn broker business as
determined by the Tustin Police Department.
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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 - Amendment to CUP 92-003
Conditions of Approval
Resolution No. 3318
Page 2
OPERATIONS/SITE CONDITIONS
*** 2.1 The floor area devoted to the sales, display, and storage
of firearms shall be limited to 5 percent of the gross
floor area of the subject pawn broker business.
*** 2.2 The sales and pawning of firearms which do not meet State
guidelines, such as machine guns and other banned assault
rifles, shall be prohibited.
FEES
(1) 3.1 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 $25.00 (twenty-five
dollars) pursuant to AB 3185, Chapter 1706, Statutes of
1990, enable the City to file the appropriate
environmental determination required under Public
Resources code Section 21151 and 14 Cal. Code of
Regulations 15094. If within such forty-eight (48) hour
period that the applicant has not delivered to the
Community Development Department the above-noted check,
the approval for the project granted herein shall be
considered automatically null and void.
In addition, should the Department of Fish and game
reject the Certificate of Fee Exemption filed with the
Notice of Determination and require payment of fees, the
applicant shall deliver to the Community Development
Department, within forty-eight (48) hours of
notification, a cashier's check payable to the COUNTY
CLERK in the amount of $850 (eight hundred fifty dollars)
pursuant to AB 3158, Chapter 1706, Statutes of 1990. If
this fee is imposed, the subject project shall not be
operative, vested or final unless and until the fee is
paid.
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