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HomeMy WebLinkAbout02 CUP 09-010ITEM #2 Report to the Planning Commission DATE: JUNE 9, 2009 SUBJECT: CONDITIONAL USE PERMIT 09-010 APPLICANT: SUZANNE AND WINSTON VERDULT WINSTON'S ESTATE GALLERY 17390 EAST 17T" STREET, SUITE D TUSTIN, CA 92780 PROPERTY MAURICE A. ENDERLE OWNER: EMS DEVELOPMENT COMPANY 14081 YORBA STREET #107 TUSTIN, CA 92780 LOCATION: 17390 EAST 17T" STREET, SUITE D TUSTI N ZONING: PLANNED COMMUNITY COMMERCIAL (PC COMM) GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL/BUSINESS ASSESSOR PARCEL NUMBER: 401-252-10 ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301 (CLASS 1) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: A REQUEST FOR AUTHORIZATION TO ESTABLISH A PAWNBROKER BUSINESS IN CONJUNCTION WITH A RETAIL ESTABLISHMENT SPECIALIZING IN ANTIQUE AND ESTATE GOODS LOCATED AT 17390 EAST 17T" STREET, SUITE D. RECOMMENDATION That the Planning Commission adopt Resolution No. 4115 approving Conditional Use Permit 09-010 authorizing the establishment of a pawnbroker business in conjunction with a retail establishment specializing in antique and estate goods located within an existing 832 square foot tenant space at 17390 East 17T" Street, Suite D. Planning Commission Report June 9, 2009 CUP 09-010 Page 2 BACKGROUND The applicant has been in business in Tustin since 1996. On August 12, 1996, the Planning Commission adopted Resolution No. 3461 approving CUP 96-021, authorizing Winston's Estate Gallery to establish a pawnbroker business at 13011 Newport Avenue, Suite 111. The store specializes in the sale of antique and estate goods, and the applicant was granted a pawnbroker permit to engage in the pawning of antique and estate goods, such as art objects, rugs, paintings, statues, crystal, porcelain, antique furniture, jewelry, gold, and silver. Winston's Estate Gallery is relocating to an existing 832 square foot tenant space at 17390 East 17t" Street, Suite D (see Figure 1). Figure The proposed new location for Winston's Estate Gallery is within the Enderle Center, at the corner of 17t" Street and Enderle Way (Attachment A -Location Map). The proposed use, antique and estate goods sales, is consistent with the previous use, which was a retail clothing store. The commercial center is zoned as Planned Community Commercial (PC COMM. A Planned Community Residential zoning district is located to the south of Enderle Center across Vandenburg Lane. All other immediate surrounding uses are commercial in nature and located within various commercial zoning districts (see Figure 2). Code Section 3512 requires the granting of a Conditional Use Permit as a prerequisite of the issuance of a Pawnbroker Permit at the proposed site. Planning Commission Report June 9, 2009 CUP 09-010 Page 3 Figure 2 DISCUSSION Business Operation The pawnbrokering component of the applicant's business is ancillary to antique and estate goods sales and would be limited to the pawning of items typically sold at an antique and estate goods store. The business would operate in the same manner as at the previous store location. The Tustin Police Department has been notified of the applicant's intent to operate a pawnbroker business in conjunction with an antique and estate goods retail store and has no objections to the proposed use. Pursuant to Condition 2.1, pawnbroker activity would be limited to the pawning of items typically sold at antique and estate goods stores, such as art objects, rugs, paintings, statues, crystal, porcelain, antique furniture, jewelry, gold, and silver. Condition 2.2 would require any subsequent owner to obtain a new pawnbroker permit since such permits are non- transferable. Hours of Operation The proposed business hours of operation are from 10:00 a.m. to 5:30 p.m. Monday through Saturday. Winston's Estate Gallery is closed on Sundays. These hours are consistent with the hours of the surrounding retail establishments. Parking No expansion of the existing tenant space is proposed and no additional parking spaces would be required. Planning Commission Report June 9, 2009 CUP 09-010 Page 4 Conditional Use Permit In determining whether to approve the Conditional Use Permit for the proposed pawnbroker business, the Planning Commission must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. A decision to approve this request may be supported by the following findings: Pawnbroker business is allowed in the Planned Community Commercial zoning district with the approval of a Conditional Use Permit (Section 3512 of the Tustin City Code). The proposed pawnbroker business is consistent with Section 3511 et seq. of the Tustin City Code which regulates pawnbroker businesses. The proposed pawnbroker business will be operated in conjunction with an antique and estate goods retail business (Winston's Estate Gallery) within an existing tenant space. 4. As conditioned and proposed by the applicant, pawnbroker activity is limited to items typically sold at antique and estate goods retail stores, such as art objects, rugs, paintings, statues, crystal, porcelain, antique furniture, jewelry, gold, and silver. 5. The proposed hours of operation are consistent with the hours of operation of the surrounding retail businesses. 6. The proposed pawnbroker business is surrounded by other commercial uses and is not oriented toward any residential or sensitive uses. 7. As conditioned, no pawnbroker business signage is allowed to be installed or displayed. 8. As conditioned, Conditional Use Permit 09-010 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with Conditional Use Permit 09-010 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the Conditional Use Permit. 9. The implementation/application of the proposed conditions would ensure compatibility of the proposed pawnbroker use with the surrounding uses and the Tustin City Code. Planning Commission Report June 9, 2009 CUP 09-010 Page 5 Staff recommends that the Planning Commission adopt Resolution No. 4115 approving the Conditional Use Permit for pawnbroker business in conjunction with an antique and estate goods retail establishment located within an existing tenant space. Ed nne V. Hutter Associate Planner Ci~~ Elizabeth A. Binsack Community Development Director Attachments: A. Location Map B. Site Plan and Floor Plan C. Land Use Application Fact Sheet D. Resolution No. 4115 11Cot-secondlcdd-rdalCddIPCREPORT120091CUP 09-010 (Pawnbroker).doc ATTACHMENT A LOCATION MAP Location Map CUP 09-010: 17390 East 17th Street ATTACHMENT B SITE PLAN AND FLOOR PLAN V1 z w m x w t~ O ce ~ ~ ~g ~~ CJ U ~' u1 ~' ~~ ~. ul .~ 9~ ~ ~M~~b~H , ~ V~~~~~ ~~~W V~s~3/~~~dM~ ``~. N ~i ~~S N ~~ U1 ~ ... ~~~ I.4! .~ ~ .~ ~~ ~ ~~ ~ ~ ~ ~ a 1.i1 z }Illl~~t~''~~ \ } ~~ ci ~ , ~ ~_ ~ ~~ ~~ ~ ~f~ ~ ~ , ~hl~tl b'~.IN~J ~'1H~C7H~ ti~ w W w N F^~ k ~j~ ~r~~c~o~,1 ~ a" ~ p~ror .~~ud~o ;T P.l a~es' (~~-~'h~aoN~ ~~l ~ ~? d' ~"v ~ ' S ~~,l~e~~ ~~ ~ ~~~~~ ca~w~~aa~~~a~ ~,,~4~~~~~~~~,v ~~~ '~'~ l)~~oCeJt ~ ~~ ~~ ~:~ ~ ~ ~~ ~~~~fl ~ ~ ce~y~ n ~n ~~ ~ ~ ~. C ~„ -fie. ~ ~o c. ~. ¢-~. ~~ ~. ~~- I ~~- ~3 cJ ~ha~~e~~~~r~ ~ ~ , (~Oc ~~ f .., t-ro~ ~ Ca~~~ ~~ ~J --~ .~ ~~ ATTACHMENT C LAND USE APPLICATION FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): Conditional Use Permit (CUP) 09-010 2. LOCATION: 17390 East 17`h Street, Suite D 3. APN(S):401-252-10 4. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: NIA 5. SURROUNDING LAND USES: NORTH: French Quarter EAST: Enderle Center SOUTH: Residential WEST: Enderle Center 6. SURROUNDING ZONING DESIGNATION: NORTH: General Commercial (CG) SOUTH: Planned Community Multi Family Residential (PC R-3) EAST: Planned Community Gommercial (PC COMM) WEST: Planned Community Gommercial (PC COMM) 7. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: Community Commercial SOUTH: Planned Community Residential EAST: Planned Community Commercial/Business WEST; Planned Community Commercial/Business 8. SITE LAND USE: EXISTING PROPOSED USE: Commercial No Change GENERAL PLAN: Planned Community Commercial/Business No Change ZONING; Planned Community Commercial No Change DEVELOPMENT STANDARDS: 9. This application does not proposed any changes to building height, setbacks, lot coverage, parking, landscaping, or any other development standard. 11Cot-secondlcdd-rdalCddIEDMELYNNEICUPICUP 09-010 (Pawnbroker)1LAND USE APPLICATION FACT SHEET.doc ATTACHMENT D RESOLUTION NO. 4115 RESOLUTION NO. 4115 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 09-010 AUTHORIZING A PAWNBROKER BUSINESS IN CONJUNCTION WITH AN ANTIQUE AND ESTATE GOODS SALES ESTABLISHMENT LOCATED AT 17390 EAST 17t" STREET, SUITE D. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows A. That a proper application, Conditional Use Permit 09-010, was filed by Suzanne and Winston Verdult on behalf of Winston's Estate Gallery, requesting authorization to establish a pawnbroker business in conjunction with an antique and estate goods sales establishment located at 17390 East 17~' Street, Suite D. B. That the General Plan land use designation and zoning designation of Planned Community Commercial (PC COMM) allow for a variety of commercial uses, including antique and estate goods sales establishments through the granting of a Conditional Use Permit. In addition, the project has been reviewed and determined to be consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. That a public hearing was duly called, noticed, and held for Conditional Use Permit 09-010 on June 9, 2009, by the Planning Commission. D. That the proposed pawnbroker business in conjunction with an existing jewelry sales establishment will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, 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, in that: Pawnbroker business is allowed in the Planned Community Commercial zoning district with the approval of a Conditional Use Permit (Section 3512 of the Tustin City Code). The proposed pawnbroker business is consistent with Section 3511 et seq. of the Tustin City Code which regulates pawnbroker businesses. The proposed pawnbroker business will be operated in conjunction with an antique and estate goods retail business (Winston's Estate Gallery) within an existing tenant space. Resolution No. 4115 Page 2 4. As conditioned and proposed by the applicant, pawnbroker activity is limited to items typically sold at antique and estate goods retail stores, such as art objects, rugs, paintings, statues, crystal, porcelain, antique furniture, jewelry, gold, and silver. 5. The proposed hours of operation are consistent with the hours of operation of the surrounding retail businesses. 6. The proposed pawnbroker business is surrounded by other commercial uses and is not oriented toward any residential or sensitive uses. 7. As conditioned, no pawnbroker business signage is allowed to be installed or displayed. 8. As conditioned, Conditional Use Permit 09-010 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with Conditional Use Permit 09-010 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the Conditional Use Permit. 9. The implementation/application of the proposed conditions would ensure compatibility of the proposed pawnbroker use with the surrounding uses and the Tustin City Code. E. This project is Categorically Exempt pursuant to Section 15301, Class 1 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). The Planning Commission hereby approves Conditional Use Permit 09-010 authorizing the establishment of a pawnbroker business in conjunction with an existing antique and estate goods sales establishment located at 17390 East 17tH Street, Suite D, subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 9th day of June, 2009. CHARLES E. PUCKETT Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4115 Page 3 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4115 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 9th day of June, 2009. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4115 CONDITIONAL USE PERMIT 09-010 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped, June 9, 2009, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 This approval shall become null and void unless the use is established within twelve (12) months ofi the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 All conditions in this Exhibit shall be complied with prior to the commencement of the pawnbroker activity or as specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of Conditional Use Permit 09-010 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 As a condition of approval of Conditional Use Permit 09-010, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, SO URCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY (2) CEQA MITIGATION REQUIREMENTS (3) UNIFORM BUILDING CODE/S (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PClCC POLICY **~ EXCEPTIONS Exhibit A Resolution No. 4115 Page 2 void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. (1) 1.6 Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to TCC 1162(a). (1) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (***) 1.8 Conditional Use Permit 09-010 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with Conditional Use Permit 09-010, or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. (1) 1.9 No change or physical alteration of the tenant space shall occur without prior approval of the Community Development Director. USE RESTRICTIONS (1) 2.1 Pawnbroker activity shall be limited to pawning of art objects, rugs, paintings, statues, crystal, porcelain, antique furniture, jewelry items, gold, and silver. Any other items to be pawned shall be reviewed and approved in writing by the Community Development Director. (1) 2.2 Prior to engaging in the business of pawnbroker, a valid Pawnbroker Permit shall be obtained from the Director of Community Development. The Pawnbroker Permit shall be non-transferable. (1) 2.3 The business shall be carried on only at the location designated on the pawnbroker permit. Property of the business may be stored at other locations only with written consent of the Director and Police Chief. The Police Department and Community Development Department each has the authority to verify the location of storage of property. Exhibit A Resolution No. 4115 Page 3 (1) 2.4 The City's Pawnbroker Permit, certified by the City, shall be displayed on the premises in plain view at all times. (~''*) 2.5 No pawnbroker business shall accept any item in pawn or make any loan on items of personal property except between the hours of operations of Winston's Estate Gallery as follows: 10:00 a.m. to 5:30 p.m. Monday through Saturday and closed Sunday. Hours of operation may be modified with the approval of the Community Development Director. (1) 2.6 A pawnbroker permittee shall not attempt to receive stolen property or commit any other criminal offense involving stolen property. (1) 2.7 A pawnbroker permittee shall not receive anything in pledge from a minor. (1) 2.8 A pawnbroker permittee shall not promise any person who sells goods to permittee that the seller may repurchase the goods sold. (1) 2.9 No pawnbroker permittee shall employ any person in such business who would be disqualified from obtaining a pawnbroker permit under Tustin City Code (TCC) Sections 3511 through 3515. A revised list shall be submitted to the Police Department, within ten (10) days of hiring any new employee(s), with the fingerprints of the new employee(s). Employees of a pawnbroker permittee shall comply with all provisions of TCC Section 3515. (1) 2.10 A pawnbroker permittee shall not advertise the pawnbroker business unless the pawnbroker permit number is clearly displayed in the advertisement. (1) 2.11 No pawnbroker business signage shall be installed and/or displayed on windows and/or exterior walls. No other signs shall be installed unless approved by the Community Development Department. (1) 2.12 A pawnbroker permittee shall comply with all property reporting, holding, and production requirements as specified in Division 8 of the Financial Code regarding pawnbroker regulations and Chapter 9 of Division 8 of the Business and Professions Code or successor provisions regarding secondhand goods, as applicable. (1) 2.13 A pawnbroker permittee shall comply with all rates, charges, and loan contract requirements as specified in Division 8 of the Financial Code or successor provisions regarding pawnbroker regulations. Exhibit A Resolution No. 4115 Page 4 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 fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) haur period the 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 determination under the provisions of the California Environmental Quality Act could be significantly lengthened. (1) 3.2 Prior to issuance of any permits, the applicant shall pay all applicable Building plan check and license permit fees to the Community Development Department.