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HomeMy WebLinkAboutPC Reso 2017-20a Kevin JewelersRESOLUTION NO. 2017-20 a A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE SALE AND TRADE OF JEWELRY, GOLD, AND OTHER PRECIOUS METALS AT A RETAIL STORE (KEVIN JEWELERS) LOCATED AT 3030 PLAZA BONITA ROAD SUITE 1110. CASE FILE NO. 2017-16 CUP APN: 561-471-07 WHEREAS, the Planning Commission of the City of National City considered a Conditional Permit for the sale and trade of jewelry, gold, and other precious metals at a retail store (Kevin Jewelers) located at 3030 Plaza Bonita Road, suite 1110 at a duly advertised public hearing held on August 21, 2017, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File. No. 2017-16 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on August 21, 2017 , s u pport the f o!!ow !ng findings: 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, 'because the use is allowable within the Major Mixed-Use District zone pursuant to a CUP, and the proposed use meets the required guidelines in the Land Use Code for secondhand dealing sales, as discussed in the staff report. 2 . The proposed use is consistent with the General Plan and any applicable specific plan, because secondhand dealif'!g is permitted, subject to a CUP , by the LUC, which is consistent with the General Plan; retail use is consistent with - Planning Commission Meeting of August 21, 2017 Page2 the Major Mixed-Use land use designation contained in the Land Use and Community Character element of the General Plan; and the p roperty is not within a Specific Plan area. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because no expansion of the suite is proposed; the proposal involves an existing retail business in an existing commercial space, which .was already analyzed for traffic impacts when it was constructed; and because secondhand dealing would be accessory to retail sales, no measurable increase in traffic is expected . 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because the proposed secondhand dealing would be accessory to a retail use, which is located in an existing commercial area, and because the addition of secondhand dealing is not expected to increase the demand for parking on the property. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed use will be subject to conditions limiting secondhand .dealing to an accessory use only, prohibitin9. pawn, prohibiting melting of gold precious metals, and requiring appropriate reporting of secondhand items purchased from customers. These conditions will ensure responsible and !awful operation with regard to secondhand dealing and/or the purchase and selling of gold and other precious metals. 6. That the proposed project has been reviewed in compliance wtth the California Environmental Quality Act (CEQA), because the project is not considered a project under CEQA, as no development is proposed, and because tt)e propos69 use is similar to other commercial uses in the area, which are permitted by . right in the mixed-use zones. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes secondhand dealing at an existing retail business located at 3030 Plaza Bonita Road. Plans submitted for permits associated- Planning Commission Meeting of August 21, 2017 Page 3 with this project shall conform to Exhibit A, case file no. 2017-16 CUP, dated 7/10/2017. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Con_ditional Use Permit ·are binding on all present or future interest holders or estate holders of the property. The Notice of Restiiction shall be approved as to form by the City Attorney and signed by the Deputy City Manager prior to recordation . 3 . This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in the Municipa_l Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months 0r longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. Planning 6. The buying, trade, and/or sale of secondhand gold, jewelry, and other precious metals shall only be permitted as accessory to a legitimate retail business that sells as new the item(s) in question as its primary business function . 7 . Total gross receipts of gold and other precious metals purchased or taken for credit shall not exceed fifty percent of total retail sales of such items. 8. The business shall maintain a secondhand dealer license and shall abide by state- mandated reporting requirements for secondhand tangible personal property as required in the Business and Professions Code . 9 . No melting down of any gold or precious metals may occur on site. 10. No items shall be taken in for pawn or other type of collateralized loan. Planning Commission Meeting of August 21, 2017 Page4 BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall becorrte effective and final on the day following the City Council meeting where the Planning Commission -· resolution is set for review, unless an appeal in writing is filed with tlne City Clerk prior to 5 :00 p .m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing . CERTIFICATION : Thi s certifies that the Resolution was adopted by the Planning Commission at t heir meeting of August 2 1, 201 7, by the following vote: AYES : Flores, Garcia, Sendt, Quintero, Yamane NAYS: Dela Paz ABSENT: Baca ABSTAIN : None.