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HomeMy WebLinkAboutPC RES 4241RESOLUTION NO. 4241 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2013 -17 AUTHORIZING THE OPERATION OF A PAWNBROKER OFFICE LOCATED WITHIN AN EXISTING OFFICE SUITE AT 17772 E. 17TH STREET, SUITE 110. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 2013 -17 was filed by Mark Schechter of Ideal Luxury, LLC requesting authorization to operate a pawnbroker office within an existing 898 square foot office suite located at 17772 E. 17th Street, Suite 110. B. That the Planned Community Business Park zoning district and the Planned Community Commercial /Business General Plan land use designation provide for a variety of commercial uses. In addition, the project has been reviewed for consistency with the Air Quality Sub - element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub - element. C. That a public hearing was duly called, noticed, and held for Conditional Use Permit 2013 -17 in conjunction with Use Determination 2013 -01 on December 10, 2013, by the Planning Commission. D. That the Planning Commission adopted Resolution No. 4240, approving Use Determination 2013 -01 to allow for a pawnbroker office as a conditionally permitted use within the Planned Community Business Park zoning district. F. That the establishment, maintenance, and operation of the proposed use 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, 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 in that: 1. The proposed pawnbroker office business is consistent with Section 3511 et seq. of the Tustin City Code which regulates pawnbroker businesses. 2. The proposed pawnbroker office business will be operated in conjunction with a luxury jewelry business specializing in estate liquidation. Resolution No. 4241 Page 2 3. As conditioned, the pawning activity is limited to luxury jewelry items typically sold at jewelry stores. 4. The proposed hours of operation are consistent with the hours of operation of the existing office uses within the Tustin Financial Plaza. All client consultations will be by appointment. 5. The proposed pawnbroker office business is surrounded by other office uses and is not oriented toward any residential or sensitive uses. 6. As conditioned, no product displays of items for sale would be allowed on the premises and the business would operate as an office. 7. As conditioned, no pawnbroker business signage is allowed to be installed or displayed. 8. As conditioned, Conditional Use Permit 2013 -17 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with Conditional Use Permit 2013 -17 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the Conditional Use Permit. In addition, all pawnbroker permits are non - transferable. 9. The implementation /application of the proposed conditions would ensure compatibility of the proposed pawnbroker office use with the surrounding uses and the Tustin City Code. G. This project is Categorically Exempt pursuant to Section 15301, Class 1 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Conditional Use Permit 2013 -17 authorizing the operation of a a pawnbroker office within an existing 898 square foot office suite located at 17772 E. 17th Street, Suite 110 subject to the conditions contained within Exhibit A attached hereto. Resolution No. 4241 Page 3 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 10th day of December, 2013. ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, Elizabeth A. Binsack, the undersigned, h Secretary of the City of Tustin, California; adopted at a regular meeting of the Tustin December, 2013. ELIZABETH A. BINSACK Planning Commission Secretary TE OZAK Chairperson ereby certify that I am the Planning Commission that Resolution No. 4241 was duly passed and Planning Commission, held on the 10th day of EXHIBIT A TO RESOLUTION NO. 4241 EXHIBIT A RESOLUTION NO. 4241 CONDITIONAL USE PERMIT 2013 -17 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped December 10, 2013, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development 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 consistent with provisions of the Tustin City Code. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 2013 -17 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk - Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 This condition shall serve as a precitation and to inform the responsible person(s) and property owner(s) of the compliance requirements pursuant to the Tustin City Code (TCC) and /or other applicable codes, laws, and conditions. Failure to comply with the conditions of approval set forth herein shall result in the issuance of an administrative citation pursuant to TCC 1162(a). The City may also take further legal action including issuing the responsible person(s) a criminal citation and /or abating the violation(s) with the cost of such abatement and /or prosecution assessed against the responsible person(s), the property owner(s), and /or the property as a lien. 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. 4241 CUP 2013 -17 Page 2 (1) 1.6 Conditional Use Permit 2013 -17 may be reviewed on an annual basis, or more often if necessary, by the Director of Community Development. The Director of Community Development shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with Conditional Use Permit 2013 -17, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Director of Community Development shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. (1) 1.7 As a condition of approval of Conditional Use Permit 2013 -17, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision - making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in the defense of any such action under this condition. (1) 1.8 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. USE RESTRICTIONS ( * * *) 2.1 Pawnbroker activity shall be limited to pawning of luxury jewelry items typically sold at the business. Any other items to be pawned shall be reviewed and approved in writing by the Director of Community Development. (1) 2.2 Prior to engaging in the business of pawnbroker, a valid Pawnbroker Permit shall be obtained from the Director of Community Development. ( *) 2.3 No pawnbroker business shall accept any item in pawn or make any loan on items of personal property except between the hours of operations of the primary business as follows: 9:00 a.m. to 7:00 p.m. daily. Any changes to these hours of operation shall be reviewed and approved by the Director of Community Development Exhibit A Resolution No. 4241 CUP 2013 -17 Page 3 (1) 2.4 The City's Pawnbroker Permit, certified by the City, shall be displayed on the premises in plain view at all times. (1) 2.5 A pawnbroker permittee shall not attempt to receive stolen property or commit any other criminal offense involving stolen property. (1) 2.6 No pawnbroker business signage shall be installed and /or displayed on windows and /or exterior walls. No other signs shall be installed unless consistent with the approved master sign plan for the Tustin Financial Plaza and approved by the Community Development Department. (1) 2.7 The Pawnbroker Permit shall be non - transferable. (1) 2.8 A pawnbroker permittee shall comply with all property reporting, holding, and production requirements as specified in Division 8 of the Financial Code regarding pawnbroker regulations and Chapter 9 of Division 8 of the Business and Professions Code or successor provisions regarding secondhand goods, as applicable. (1) 2.9 A pawnbroker permittee shall comply with all rates, charges, and loan contract requirements as specified in Division 8 of the Financial Code or successor provisions regarding pawnbroker regulations. (1) 2.10 A pawnbroker permittee shall not receive anything in pledge from a minor. (1) 2.11 A pawnbroker permittee shall not promise any person who sells goods to permittee that the seller may repurchase the goods sold. ( * * *) 2.12 No product displays of items for sale shall be allowed on the premises. The business shall operate as an office with client consultations by appointment only. FEES (1,5) 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 fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty -eight (48) hour period the applicant has not delivered to the Community Development Department the above -noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.