HomeMy WebLinkAboutZA 95-019 / CUP 95-024
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ZONING ADMINISTRATOR ACTION 95-019
CONDITIONAL USE PERMIT 95-024
OCTOBER 16, 1995
The Zoning Administrator of the City of Tustin does hereby
resolve as follows:
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I. The Zoning Administrator finds and determines as follows:
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A.
That a proper application, Conditional Use Permit
95-024, has been filed by Edward Beran requesting
authorization to establish a pawn business for
jewelry, antiques, collectibles, coins, precious
metals/stones, and art objects in conjunction with
an existing jewelry business located at 13265
Jamboree Road.
B.
That on August 14, 1995, the Community Development
Department approved Use Determination 95-005,
authorizing second hand sales in the Neighborhood
Commercial District of the East Tustin Specific
Plan subject to approval of a Conditional Use
Permit.
A public hearing was duly noticed, called and held
for said application on October 16, 1995 by the
Zoning Administrator.
That the establishment, maintenance, and operation
of the use applied for will not, under the normal
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:
1.
Operating criteria have been established per
City Code Chapter 6, 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 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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Zoning Administrator Action 95-19
Page 2
2 · The subj ect pawn broker business is located
within a commercial center which contains a
variety of retail businesses. The proposed
pawning activity will be limited to the
following items only: 1) jewelry, 2) antiques,
3) collectibles, 4) coins, 5) precious stones
and metals, and 6) pieces of art, and will not
accept for pawn items such as automobiles,
firearms, power tools, cameras, musical
instruments, electronics equipment, or sports
equipment. The subj ect location would require
no interior or exterior modifications to the
business.
The business operator has complied with all
Tustin Police Department and state
requirements and will not significantly alter
the nature of the existing business.
Furthermore, business hours will remain
unchanged and are compatible with the
surrounding office uses.
3. The applicant has been operating the subject
jewelry business for the past 24 years in the
City of Tustin without causing enforcement
problems for the Public Safety Department.
4. Conditions of Approval limiting the pawn
activity will maintain the commercial retail
atmosphere of the center.
5. The proposed pawning activity will not have a
negative effect upon the orderly development
of the area in question and the City at large,
in regard to the general planning of the whole
community.
E. This project .has been determined to be
Categorically Exempt (Class 3) pursuant to Section
15303 of the California Environmental Quality Act.
The Zoning Administrator hereby approves Conditional Use
Permit 95-024 authorizing the establishment of a pawn
brokering business for 1) jewelry, 2) antiques, 3)
collectibles, 4) coins, 5) precious stones and metals,
and 6) pieces of art , within an existing jewelry business
at 13265 Jamboree Road, subject to the conditions
contained in Exhibit A, attached hereto.
Zoning Administrator Action 95-19
Page 3
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PASSED AND ADOPTED at a regular meeting of the Tustin Zoning
Administrator, held on the 16th day of October, 1995.
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CHRISTINE A. SHIN
Zon~ng Administra
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Secretary
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
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I, BARBARA REYES, the undersigned, hereby certify that I am
the Recording Secretary of the Zoning Administrator of the
City of Tustin, california; that Zoning Administrator Action
95-019 was duly passed and adopted at a regular meeting of the
Zoning Administrator, held on the 16th day of October, 1995.
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~~E~
Recording Secretary
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EXHIBIT A
ZONING ADMINISTRATOR ACTION 95-019
CONDITIONAL USE PERMIT 95-024
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans for the project date stamped October 16,
1995, on file with the Community Development Department,
as herein modified, or as modified by the Director of
Community Development Department in accordance with this
Exhibi t. 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 pawn broker license, subject to review and approval
by the Community Development Department.
(1) 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 95-024 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 95-024 shall not become effective
until all of 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.
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SOURCE CODES
. (1)
(2)
(3)
(4)
STANDARD CONDITION
CEQA MITIGATION
UNIFORM BUILDING qODE/S
DESIGN REVIEW
(5) RESPONSIBLE AGENCY REQUIREMENT
(6) LANDSCAPING GUIDELINES
(7) PC/CC POLICY
*** EXCEPTION
Exhibit A
Conditions of Approval
Zoning Administrator Action 95-019
Page 2
*** 1.7 Approval of Conditional Use Permit 95-024 shall be
granted to the applicant (Mr. Edward Beran, Mary Lou
Beran, and Mr. Gregory Beran) only and shall not run with
the land. Conditional Use Permit 95-024 shall become
automatically null and void should the subject business
relocate from 13265 Jamboree Road.
*** 1.8 If the pawn broker business generates valid complaints
and/or Code violations, the City may initiate Conditional
Use Permit revocation procedures in accordance with the
Tustin City' Code. Any Conditional Use Permit can be
revoked by the City Council after.a public hearing and
recommendation by the Planning Commission, if:
The continuance of the use would be detrimental to the
health, safety, morals, comfort, and general welfare of
persons residing or working in the neighborhood of such
use or would be injurious or detrimental to the property
and improvements in the neighborhood or to the general
welfare of the City.
OPERATXONS/SXTE CONDXTXONS
(5) 2.1 Business hours for the proposed pawn shall not extend
beyond 10:00 a.m. to 6:00 p.m., Monday through Friday and
11:00 a.m. to 8:00 p.m. on Saturdays. Any extension of
these hours shall require approval of an amendment to
this Conditio~al Use Permit by the Zoning Administrator.
(5) 2.2 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) 2.3 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) 2.4 The subject property shall be maintained in a safe, clean
and sanitary condition at all times.
(5) 2.5 The building shall meet all applicable requirements set
forth in the Tustin Security Code relating to commercial
structures, including lighting and locking devices.
Exhibit A
Conditions of Approval
Zoning Administrator Action 95-019
Page 3
(5) 2.6 All graffiti on the property shall be removed within 72
hour~ of a complaint being transmitted by the City to the
property owner. Failure to maintain said structure and
adjacent facilities will be grounds for City enforcement
of its Property Maintenance Ordinance, including nuisance
abatement procedures.
*** 2.7 The subject Conditional Use Permit shall authorize the
pawning of the following types of items: jewelry,
antiques, collectibles, coins, precious stones and
metals, and pieces of art. All other items, including but
not limited' to automobiles, firearms, power tools,
cameras, musical instruments, electronics equipment, or
sport equipment shall be specifically prohibited.
*** 2.8 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 All signs, including any change of copy, require review
and approval by .the Communi ty Development Department
prior to installation and shall comply with the Master
Sign Plan for the Tustin Ranch Plaza and City's Sign
Code.
(5) 3.2 No sign component shall flash, blink, or be otherwise
animated. Such animation is strictly prohibited.
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 $25.00 (twenty five
dollars) to enable the City to file with the County
Clerk, the appropriate environmental. documentation
pursuant to the California Environmental Quality Act. If
within such forty-eight (48) hour period that 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
dete;rmination under the provisions .of the California
Environmental Quality Act could be significantly
lengthened.
Exhibit A
Conditions of Approval
Zoning Administrator Action 95-019
Page 4
(1) 4.2 within forty-eight (48) hours of approval of the subject
project, the applicant shall submit to the Community
Development Department the additional development
processing fee of $25 dollars for the Notice of
Exemption.