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HomeMy WebLinkAboutPC Reso 2013-16RESOLUTION NO. 2013-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF SECONDHAND JEWELRY, GOLD, AND/OR OTHER PRECIOUS METALS AT A RETAIL JEWELRY STORE LOCATED AT 1536 SWEETWATER ROAD. CASE FILE NO. 2013-17 CUP APN: 563-231-16 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for the sale & trade of jewelry, gold, and other precious metals at a retail jewelry store located at 1536 Sweetwater Road at a duly advertised public hearing held on August 6, 2013, 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. 2013-17 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 5, 2013, 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. 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 the accessory buying, trade, and/or sale of secondhand jewelry, watches, gold, and other precious metals otherwise sold as new at Leo Hamel Fine Jewelers located at 1536 Sweetwater Road, suite D. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2013-17 CUP, dated 6/13/2013. 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 Perrriit. 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 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 Executive Director 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 National City 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. Any plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes Fire 5. Any plans submitted for construction shall comply with the 2010 edition of the California Fire Code and the 2010 edition of NFPA. 7. If the occupancy load is 50 or greater, the requirements for panic hardware and illuminated green exits signs with emergency lights will be required. 8. An occupancy Toad sign shall be provided if the occupancy is 50 or greater. 9. Exit doors required for intended use of business shall be evaluated by the Building Division for adequate exiting and ADA requirements. 10. Fire extinguishers shall be placed inside the building per California Fire Code requirements. Placement shall be coordinated with the Fire Department. 11. Locking entry and exit doors shall not be used as security measures during normal business hours. 12.A 48 hour notice is required prior to any required fire inspections. Planning 13. 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. 14, Total gross receipts of precious metals purchased or taken for credit shall not exceed fifty percent of total retail sales of precious metals. 15.AII pawnbrokers and secondhand dealers shall require, at minimum, 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. 16. No melting down of any precious metals may occur on site. 17. 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 18.12.110. Police 18.Within 24 hours of all jewelry, gold or other precious metal buying transactions, a copy of a CA JUS 123 form and the customer's ID shall be submitted to the Police Department for review. 19, Jewelry, gold or other precious metals purchased shall be held for a period of 30 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. 20. 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. 21. Pursuant to Financial Code Section 21208 and Business and Professions Code Section 21628, the business shah report daily, or the first working day after receipt or purchase, to the Police Chief providing a listing of defined sales and/or goods. 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 August 5, 2013, by the following vote: AYES: Garcia, Baca, Pruitt, Flores, Alvarado, Bush, Dela Paz NAYS: None ABSENT: None ABSTAIN: None CHAIRPERSON