HomeMy WebLinkAboutZA 94-014/CUP 94-028
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I.
ZONING ADMINISTRATOR ACTION NO. 94-014
CONDITIONAL USE PERMIT 94-028
FINDINGS AND CONDITIONS OF APPROVAL
The Zoning Administrator finds and determines as follows:
A.
That a proper application, Conditional Use Permit
94-028, has been filed by Mr. Vidal A. Oiazleal
requesting authorization to sell secondhand jewelry
and other gift items in conjunction with the sales
of new jewelry and new gift items at an existing
business located at 494 E. First street, #A-8
within the Tustin Jewelry Mart.
B.
That a public hearing was duly called, noticed and
held for said application on November 7, 1994 by
the Zoning Administrator.
c.
The subject jewelry store is located within the
First street Specific Plan area and has an
underlying Central Commercial (C-2) District Zoning
designation. Pursuant to the provisions of the C-2
regulations, a conditional use permit is required
for secondhand sales.
o.
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 a
detriment to the property and improvements in the
neighborhood of the subject property, nor to the
general welfare of the city of Tustin as evidenced
by the following findings:
1.
The proposed business with secondhand sales of
jewelry and other gift items will function
similarly to a business that sells only new
items, which will ensure that the use will be
compatible with the surrounding uses and not
be detrimental to the health, safety and
general welfare of the community.
2.
This use, which is classified as retail, will
not result in negative impacts to neighboring
properties, as the existing zoning of the
property allows for retail uses.
3 .
The proposed sales of secondhand jewelry and
other gift items in conjunction with the sales
of new jewelry and gift items is an
appropriate use for the subject site as it
proposes to provide a unique and viable
business to the surrounding residential and
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Zoning Administrator Action 94-014
Page 2
commercial communities. The proposed use and
business hours are compatible with the
surrounding retail commercial uses.
4. As conditioned, the subject jewelry business
will be required to obtain approval from the
City's License and Permit Board which will
involve the submittal of information to ensure
that the applicants will operate the proposed
business in compliance with city rules and
regulations.
5. As conditioned, the business hours for the
subject business would not extend beyond the
business hours for the Jewelry Mart.
E. That this project is categorically Exempt from the
requirements of the California Environmental
Quality Act, pursuant to section 15303 (Class 3).
F. That this project has been found to be in
conformance with the General Plan.
The Zoning Administrator hereby approves Conditional Use
Permit 94-028 authorizing the secondhand sales of jewelry
and other gift items in conjunction with the sales of new
jewelry and new gift items at an existing business
located at 494 E. First street, #A-8 within the Tustin
Jewelry Mart, subject to the conditions contained within
Exhibit A attached hereto.
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Zoning Administrator Action 94-014
Page 3
PASSED AND ADOPTED at a regular meeting of the Tustin Zoning
Administrator held on the 7th day of November, 1994.
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BARBARA REYES
Secretary
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
I, BARBARA REYES, the undersigned, hereby certify that I am
the Recording Secretary of the Zoning Administrator of the
City of Tustin, California and that Zoning Administrator
Action No. 94-014 was duly passed and adopted at a regular
meeting of the Tustin Zoning Administrator, held on the 7th
day of November, 1994.
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BARBARA REYES
Recording Secretary
EXHIBIT A
CONDITIONAL USE PERMIT 94-028
CONDITIONS OF APPROVAL
ZONING ADMINISTRATOR ACTION 94-014
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans for the project date stamped November 7,
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 sales of
secondhand merchandise, subject to review and approval by
the Community Development Department.
(1) 1.3 Conditional Use Permit approval shall become null and
void unless the sales of secondhand merchandise begin
witqin twelve (12) months of the date of this Exhibit.
(1) 1.4 Approval of Conditional Use Permit 94-028 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 94-028 shall not become effective
until all of the requirements of Tustin City Code
Sections 3611 through 3616 are satisfied. Failure to
obtain the required approvals shall render this Use
Permit authorization 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 I S approval of the entitlement process for this
project.
1.7 Failure to pay annual business license fees shall become
grounds for revocation of the subject Conditional Use
Permit.
SOURCE CODES
-------------------------------------------------------------
(1)
(2)
(3)
(4)
STANDARD CONDITION
CEQA MITIGATION
UNIFORM BUILDING CODE/S
DESIGN REVIEW
(5) RESPONSIBLE AGENCY REQUIREMENT
(6) LANDSCAPING GUIDELINES
(7) PC/CC POLICY
*** EXCEPTION
Exhibit A
Conditional Use Permit 94-028
Page 2
OPERATIONS/USE RESTRICTIONS
(5) 2.1 Business hours for the subject jewelry business shall not
extend beyond the business hours of the Jewelry Mart.
(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, as required by the
Tustin Police Department, 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).
(5) 2.4 A holding period of ten days from the date that the
receiving transaction for any article that was reported
to the Tustin Police Department shall be required prior
to said article being sold in accordance with Tustin city
Code Section 3614.
(5) 2.5 The holding period of any article may be extended upon
written notification by the Tustin Police Department in
accordance with Tustin City Code Section 3614.
(5) 2. 6 All secondhand items received shall be made available for
inspection upon request by the Tustin Police Department.
(5) 2.7 The subject business shall be maintained in a safe, clean
and sanitary condition at all times.
(5) 2.8 The building shall meet all applicable requirements set
forth in the Tustin Security Code relating to commercial
structures, including lighting and locking devices.
(5) 2.9 Opaque materials shall not cover more than 25 percent of
the aggregate area of all windows and doors on the
building.
*** 2.10 The floor area devoted to the sales, display and storage
of secondhand items shall be limited to no more than 25%
of the floor area of the subject business.
*** 2.11 The selling, trading, buying, or consignment of firearms
by the subject business shall be prohibited.
Exhibit A
Conditional Use Permit 94-028
Page 3
2.12 The subject Conditional Use Permit shall authorize the
sale of second hand jewelry, loose stones and gems,
precious metals, coins, watches, and small antiques and
objects d'art, and shall exclude the sale of furniture
and clothing.
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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