HomeMy WebLinkAboutResolution No. 6-2011RESOLUTION NO. 6-2011
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A CONDITIONAL USE PERMIT
FOR A PAWN SHOP AND GOLD BUYING BUSINESS
AT 2720 PLAZA BLVD. SUITE Z.
CASE FILE NO. 2011-05 CUP
APN: 558-010-59
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit for a pawn shop and gold buying business at 2720 Plaza Blvd,
Suite Z at duly advertised public hearing held on March 21, 2011, 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. 2011-05 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 March 21, 2011, support the following
findings:
1. That the site for the proposed use is adequate in size and shape, since the
proposed use will be contained within a commercial building which was
constructed and designed for a commercial use, with adequate parking provided.
2. That the site has sufficient access to streets and highways that are adequate in
width and pavement type to carry the volume and type of traffic generated by the
proposed use, since the proposed use is consistent with a retail use already
considered during the design and construction of the commercial building.
3. That the proposed use will not have an adverse effect upon adjacent or abutting
properties, since the use is contained wholly within a commercial structure, there
is no expansion proposed, and the use is typical of a commercial use considered
in the General Plan and Land Use Code.
4. That the proposed use is deemed essential and desirable to the public
convenience, since it will provide a service that is in demand among consumers.
10
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 a pawn shop and gold buying (precious metal)
buying 2720 East Plaza Blvd. Suite Z. Except as required by Conditions of Approval,
all plans submitted for permits associated with the project shall conform with Exhibit A,
Case File No. 2011-05 CUP, dated 2/2/2011.
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 Division, 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 Division
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
Conditional Use Permit are binding on all present or future interest holders or estate
holders of the property. The Notice of Restriction shall be approved as to form by the
City Attorney and signed by the Planning Division 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
Section 18.116.190 of the Municipal Code.
4. This permit shall expire if the use authorized by this resolution is discontinued for a
period of 12 months or longer. The permit may also be revoked, pursuant to
provisions of the Land Use Code, if discontinued for any lesser period of time.
Building
5. Plans submitted for construction shall comply with the 2010 editions of the California
Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes
Fire
6. The project shall be built to code. The National City Fire Department utilizes the
2010 edition of the California Fire Code and the 2010 edition of NFPA.
Planning
7. This Conditional Use Permit shall be referred to the Planning Commission for
consideration of revocation upon recommendation by the Police Chief if the operator
is found to be in violation of any state, or local law regulating Secondhand Dealers in
accordance with Section 18.116.170.
8. Security cameras shall be installed and maintained at the entrance and in proximity
to all pawn and gold (precious metals) buying. Video recordings shall be retained for
a minimum of 60 days.
9. The sale of firearms is prohibited at the site.
Police
11
10. Within 24 hours of all gold buying transactions, a copy of a CA JUS 123 form and
the customer's ID shall be submitted to the Police Department for review.
11. Gold and/or precious metals purchased shall be held for a period of 60 days prior to
recycling to allow adequate time for the Police Department to review the items in
conjunction with a potential theft, burglary, or other criminal activity.
12.The applicant shall provide documentation that the business has been registered as
a Secondhand Dealer and at all times, shall be operated in compliance with
California Business and Professions Code Sections 21625-21647, or any other
sections pertaining to Secondhand Dealers.
13.Pursuant to Financial Code Section 21208 and Business and Professions Code
Section 21628, the licensed pawnbroker or secondhand dealer shall report daily, or
the first working day after receipt or purchase, to the Police Chief providing a listing
of defined sales and/or goods. The business shall be operated in compliance with
California Business and Professions Code Sections 21625-21647, or any other
sections pertaining to pawn brokers, at all times.
14. The applicant shall digitally photograph the identification of the individual selling the
item for recycling. The photographs shall be retained and the items being purchased
for a minimum period of 60 days.
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 become 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 the 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:
This certifies that the Resolution was adopted by the Planning Commission at their
meeting of March 21, 2011, by the following vote:
AYES: Farias, Alvarado, Baca, Pruitt, Reynolds
NAYS:
ABSENT: DeLaPaz, Flores
ABSTAIN:
HMRM
12