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HomeMy WebLinkAboutZA 95-019 / CUP 95-024 1 2 3 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: 4 I. The Zoning Administrator finds and determines as follows: 5 6 7 8 9 10 11 12 13 C. 14 15 D. 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 II. 24 25 26 27 28 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 1 2 3 PASSED AND ADOPTED at a regular meeting of the Tustin Zoning Administrator, held on the 16th day of October, 1995. 4 5 CHRISTINE A. SHIN Zon~ng Administra 6 7 8 ~~ Secretary 9 10 11 12 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) 13 14 15 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. 16 17 18 ~~E~ Recording Secretary 19 20 21 22 23 24 25 26 27 28 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. -----------------------------------------------------~--------- 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.