HomeMy WebLinkAboutPC RES 4310RESOLUTION NO. 4310
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN, APPROVING CONDITIONAL USE
PERMIT (CUP) 2016-03 AUTHORIZING A PAWNBROKER
BUSINESS IN CONJUNCTION WITH A RETAIL WATCH
STORE LOCATED AT 195 EL CAMINO REAL, SUITE 102.
The Planning Commission does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A. That a proper application, CUP 2016-03, was filed by Guillermo Del Rio,
requesting authorization to establish a pawnbroker business in conjunction
with an existing watch store located at 195 EI Camino Real, Suite 102.
B. That the General Plan land use designation of Old Town Commercial
(OTC) and zoning designation of Central Commercial (C-2) allow for a
variety of commercial uses, including jewelry stores, by right. Pawnbroker
business is allowed with the approval of a CUP as required by Section
3512 of the Tustin City Code (TCC). In addition, the project has been
reviewed and determined to be consistent with the Air Quality Sub -element
of the City of Tustin General Plan.
C. That a public hearing was duly called, noticed, and held for CUP 2016-03
on March 22, 106, by the Planning Commission.
D. That the proposed pawnbroker business in conjunction with an existing
watch sales establishment will not 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:
a. The proposed pawnbroker business is consistent with Section 3511
et seq. of the TCC which regulates pawnbroker businesses.
b. The proposed pawnbroker business will be operated in conjunction
with an ancillary to the larger jewelry retail business (Time Watches)
and is located inside an existing jewelry store.
C. As conditioned and proposed by the applicant, pawnbroker activity is
limited to jewelry items typically sold at jewelry stores.
d. The proposed hours of operation are consistent with the hours of
operation of the existing jewelry store in which the business will be
conducted.
Resolution No, 4310
Page 2
e, The proposed pawnbroker business is surrounded by other
commercial uses and is not oriented toward any residential or
sensitive uses.
As conditioned, no pawnbroker business signage is allowed to be
installed or displayed.
As conditioned, CUP 2016-03 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 CUP'2016-03 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 i'nitiatei proceedings to revoke the CUP. In addition,
all pawnbroker permilits are non -transferable.
"T The implementation/application of the proposed conditions would
ensure compatibility of the proposed pawnbroker use with the
surrounding uses and the TCC.
E. This project is Categorically Exempt pursuant to Section 15301, Class 1 of
Title 14, Chapter 3 of the California Code of Regulations (Guidelines for
the California Environmental Quality Act).
IL The Planning Commission hereby approves CUP 2016-03 authorizing the
establishment of a pawnbroker business in conjunction with an existing watch
sales establishment located at 195 El Camino Real, suite 102, subject to the
conditions contained within Exhibit A attached' hereto.
71ASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a
-,-egular meeting on the 22nd day of March, 2016.
.... .. ....
AUSTIN' LUMBARD
Chairperson
RELIZAMBETH AM.BINRSiA�
Planning Commission Secretary,
ON STATE OF CALIFORNIA )
CITY OF TUSTIN
1, Elizabeth A, Binsack, the undersigned,hereby certify that I am the, Planning
Commission Secretary of the, City of Tustin, California; that Resolution No. 4310 was
duly passed and adopted at a regular meeting of the Tustin Planning Commission, held
on the 22 d day of March, 2016.
PLANNING COMMISSIONER AYES:
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
Ell I IN
a a A 81
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Kozak, Lumbard, Mason, Smith, Thoin2son (5)
EXHIBIT A
RESOLUTION NO. 4310
CONDITIONAL USE PERMIT (CUP) 2016-03
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 The proposed use shall substantially conform with the submitted plans for
the project date stamped March 22, 2016, on file with the Community
Development Department, except 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 minor modifications
if such modifications are to be consistent with the provisions of the Tustin
City Code and other applicable codes.
(1) 1.2 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) 1.3 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) 1.4 Approval of CUP 2016-03 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 "Notice of
Discretionary Permit Approval and Conditions of Approval' form. The forms
shall be established by the Community Development Director, and evidence
of recordation shall be provided to the Community Development
Department.
(1) 1.5 As a condition of approval of CUP 2016-03, 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
SOURCE CODES
(1)
STANDARD CONDITION
(2)
CEQA MITIGATION
(3)
UNIFORM BUILDING CODEIS
(4)
DESIGN REVIEW
***
EXCEPTIONS
(5) RESPONSIBLE AGENCY
REQUIREMENTS
(6) LANDSCAPING GUIDELINES
(7) PCICC POLICY
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Exhibit A
Resolution No. 4310
Page 2
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) 1.6 Any violation of any of the conditions imposed is subject to issuance of an
Administrative Citation pursuant to TCC Section 1162(a).
(1) 1.7 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.
(***) 1.8 CUP 2016-03 may be reviewed annually or more often, if deemed
necessary by the Community Development Department, to ensure
compatibility with the area and compliance with the conditions contained
herein. If the use is not operated in accordance with CUP 2016-03, or is
found to be a nuisance or negative impacts are affecting the surrounding
tenants or neighborhood, the Community Development Director may impose
additional conditions to eliminate the nuisance or negative impacts, or may
initiate proceedings to revoke the CUP.
USE RESTRICTIONS
2.1 Pawnbroker activity shall be limited to pawning of crystal, jewelry, watches,
precious gems, gold and silver. Any other items to be pawned shall be
reviewed and approved in writing by the Community Development Director.
(1) 2.2 Prior to engaging in the business of pawnbroker, a valid Pawnbroker Permit
shall be obtained from the Director of Finance.
2.3 No pawnbroker permittee shall employ any person in such business who
would be disqualified from obtaining a pawnbroker permit under this TCC
Sections 3511 through 3515. A list shall be submitted to the City Police
Department, within ten (10) days of hiring any new employee(s), along
with the fingerprints of the new employee(s). Employees of a pawnbroker
permittee shall comply with all provisions of TCC Section 3515.
(**`] 2.4 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
store as follows: 9:00 a.m. to 5:00 p.m. Monday through Friday, closed
Saturday and Sunday.
Exhibit A
Resolution No. 4310
Page 3
(1) 2.5 The City's Pawnbroker Permit, certified by the City, shall be displayed on the
premises in plain view at all times.
(1) 2.6 The business shall be carried on only at the location designated on the
pawnbroker permit. Property of the business may be stored at other
locations only with written consent of the Director and Police Chief. The
Police Department and Community Development Department each has the
authority to verify the location of storage of property.
(1) 2.7 A pawnbroker permittee shall not attempt to receive stolen property or
commit any other criminal offense involving stolen property.
(1) 2.8 No pawnbroker business signage shall be installed and/or displayed on
windows and/or exterior walls. No other signs shall be installed unless
approved in writing by the Community Development Department.
(1) 2.10 A pawnbroker permittee shall not advertise the pawnbroker business
unless the pawnbroker permit number is clearly displayed in the
advertisement.
(1) 2,11 The Pawnbroker Permit shall be non -transferable.
(1) 2.12 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) 2.13 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) 2.14 A pawnbroker permittee shall not receive anything in pledge from a minor.
(1) 2.15 A pawnbroker permittee shall not promise any person who sells goods to
permittee that the seller may repurchase the goods sold.
(1) 2.16 All activities shall comply with the City's Noise Ordinance.
(1) 2.17 No outdoor storage shall be permitted except as approved in writing by the
Community Development Director.
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Exhibit A
Resolution No. 4310
Page 4
FEES
(1) 3.9 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.
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