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HomeMy WebLinkAbout02 PC REPORT PAWNBROKER 1 AGENDA REPORT ITEM#2 MEETING DATE: JANUARY 27, 2015 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT (CUP) 2014-23 TO ESTABLISH PAWNBROKER BUSINESS IN CONJUNCTION WITH A RETAIL JEWELRY AND WATCH STORE LOCATED AT 1831 EDINGER AVENUE, SUITE 104, WITHIN AN EXISTING 1 ,158 SQ. FT. TENANT SPACE. APPLICANT: POQYA "PJ" JAVANSHIR ATLANTIS WATCHES, INC. 1831 EDINGER AVE, SUITE 104 TUSTIN, CA 92780 PROPERTY OWNER: TUSTIN GATEWAY L. P. DWA SMITH & COMPANY 2082 MICHELSON DRIVE, SUITE 212B IRVINE, CA 92612 LOCATION: 1531 EDINGER AVENUE, SUITE 104 GENERAL PLAN: INDUSTRIAL (I) ZONING: INDUSTRIAL (M) EXISTING LAND USE: COMMERCIAL ENVIRONMENTAL: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) SECTION 15301, CLASS 1 REQUEST: REQUEST TO ESTABLISH PAWNBROKER BUSINESS IN CONJUNCTION WITH A RETAIL JEWELRY AND WATCH STORE LOCATED AT 1631 EDINGER AVENUE, SUITE 104, WITHIN AN EXISTING 1 ,158 SQ. FT. TENANT SPACE. PC Report January 27, 2015 CUP 2011-23 Page 2 RECOMMENDATION That the Planning Commission adopt Resolution No. 4277 approving CUP 2014-23 to authorize the establishment of a pawnbroker business in conjunction with a retail jewelry and watch store located at 1631 Edinger Avenue, Suite 104. APPROVAL AUTHORITY Pursuant to Section 3512 of the Tustin City Code requires approval of a Conditional Use Permit prior to receiving a pawnbroker permit_ Section 9291c of the Tustin City Code gives the Planning Commission the authority to evaluate and grant requests for conditional use permits. BACKGROUND Atlantis Watches is located within the Gateway Village, at the corner of Red Hill Avenue and Edinger Avenue (Attachment A — Location Map). The commercial center is zoned as Industrial (M). There is a Planned Community Residential zoning district located to the east of Gateway Village across the OCTAISCRRA Railway Right of Way. In addition, there is an industrial business complex and residential located to the south of Gateway Village within the MCAS Tustin Specific Plan District. There is a commercial center to the north and an industrial business complex to the west. All other immediate surrounding uses are commercial in nature and located within various commercial zoning districts. On June 3, 2002, the City Council adopted Ordinance No. 1252 requiring all pawnbroker businesses to obtain Conditional Use Permits as a prerequisite of the Pawnbroker Permits. Atlantis Watches has been in business within the City of Tustin at the current location for just over a year. The store specializes in the sale of watches and jewelry and is requesting a pawnbroker license to engage in the pawning of jewelry related items. DISCUSSION Business Operation The pawnbrokering component of the applicant's business is ancillary to jewelry and watch sales and would be limited to the pawning of items typically sold at a jewelry store. There would be no exterior or interior modifications of any kind, The square footage of the business would remain the same and the business would operate in the same manner as usual. The Tustin Police Department has been notified of the applicant's intent to operate a pawnbroker business in conjunction with an existing jewelry store and have no objections to the proposed use as long as the items to be pawned are limited to jewelry items. Pursuant to Condition 2.1, pawnbroker activity would be limited to the pawning of jewelry items typically sold at jewelry stores. The pawnbroker permit and license are also non-transferable. PC Report January 27, 2415 CUP 2414-23 Page 3 Hours of Operation The proposed business hours of operation are from 10:00 a.m. to 6:00 p.m. Monday through Saturday. Atlantis Watches is closed on Sundays. These hours are consistent with the hours of the existing jewelry store. Parking Since no expansion and/or alteration of the existing floor plan is proposed, no additional parking spaces would be required. Conditional Use Permit In determining whether to approve the CUP 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: 1. That the General Plan land use designation and zoning designation of Industrial (M) allows for a variety of commercial uses, including jewelry stores, on a conditionally permitted basis. Pawnbroker business is allowed with the approval of a CUP as required by Section 3512 of the Tustin City Cade (TCC). 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. 2. The proposed pawnbroker business is consistent with Section 3511 et seq. of the TCC which regulates pawnbroker businesses. 3. The proposed pawnbroker business will be operated in conjunction with a larger jewelry retail business (Atlantis Watches) and is located inside an existing jewelry store. 4. As conditioned and proposed by the applicant, pawnbroker activity is limited to jewelry items typically sold at jewelry stores. 5. The proposed hours of operation are consistent with the hours of operation of the existing jewelry store in which the business will be conducted. 6. The proposed pawnbroker business is surrounded by other commercial uses and is not oriented toward any residential or sensitive uses. PC Report January 27, 2015 CIDP 2014-23 Page 4 7. As conditioned, no pawnbroker business signage is allowed to be installed or displayed. 8. As conditioned, CUP 2014-23 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 CUP 2014-23 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 CUP. In addition, all pawnbroker permits are non-transferable. 9. The implementation/application of the proposed conditions would ensure compatibility of the proposed pawnbroker use with the surrounding uses and the TCC. Staff recommends that that the Planning Commission adopt Resolution No. 4277 approving the CUP for pawnbroker business in conjunction with a jewelry retail establishment located inside an existing jewelry store. Samantha Beier Elizabeth A. Binsack Assistant Planner Community Development Director Attachments: A. Location Map B. Submitted Plans C. Resolution No. 4277 ATTACHMENT A LOCATION MAP LOCATION MAP 1631 EDINGER AVENUE ti iAll • r f e as Am SCRRA PROJECT SITE fl- ORN WY �r r • � s I' r !�I r err 3 rr. Rr� EL J111i1C�!!i� M Y'S ATTACHMENT B SUBMITTED PLANS r a >, t cn LLJ ! ¢r- A . LL J . CL W Q) Q LL _t g r 1 i r N LL L LI ij l LLQ CD 43) CO p LL J � y CY7 Q ti 3 ti- OF Ile •ww+..ww «w.ten.n•.�•r�- ....rr wr..r�.r.w.a. .�..�-..�. .r rf .r. � .nr �'� e�nc.r ba throom sink and fridge � Office,_. n� or space counter top jewelery display counters Atlantis Watches Inc. moi. Existing f=loor plan not to scale 1831 Edinger Ave.#104 Tustin CA 92780 :i 3`e fir;�r•' watch display front door - -- — ATTACHMENT C RESOLUTION NO. 4277 RESOLUTION NO. 4277 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT (CUP) 2014-23 AUTHORIZING A PAWNBROKER BUSINESS IN CONJUNCTION WITH A RETAIL JEWELRY AND WATCH STORE LOCATED AT 1631 EDINGER AVENUE, SUITE 144. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application, CUP 2014-23, was filed by Pooya "PJ" Javanshir on behalf of Atlantis Watches, requesting authorization to establish a pawnbroker business in conjunction with an existing jewelry and watch store located at 1631 Edinger Avenue, Suite 104. B. That a public hearing was duly called, noticed, and held for CUP 2014-23 on January 27, 2015, by the Planning Commission. C. That the proposed pawnbroker business in conjunction with an existing jewelry and watch 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: 1. That the General Plan land use designation and zoning designation of Industrial (M) allows for a variety of commercial uses, including jewelry stores, on a conditionally permitted basis. Pawnbroker business is allowed with the approval of a CUP as required by Section 3512 of the Tustin City Code (TCC). In addition, the project has been reviewed and determined to be consistent with the Air Quality Sub-element of the City of Tustin General Pian. 2. The proposed pawnbroker business is consistent with Section 3511 et seq. of the TCC which regulates pawnbroker businesses. 3. The proposed pawnbroker business will be operated in conjunction with a larger jewelry retail business (Atlantis Watches) and is located inside an existing jewelry store. Resolution No. 4277 Page 2 4. As conditioned and proposed by the applicant, pawnbroker activity is limited to jewelry items typically sold at jewelry stores. 5. The proposed hours of operation are consistent with the hours of operation of the existing jewelry store in which the business will be conducted. 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, CUP 2014-23 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 CUP 2014-23 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 CUP. In addition, all pawnbroker permits are non-transferable. 9. The imp lementationlappIication of the proposed conditions would ensure compatibility of the proposed pawnbroker use with the surrounding uses and the TCG. D. 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). II. The Planning Commission hereby approves CUP 2014-23 authorizing the establishment of a pawnbroker business in conjunction with an existing jewelry and watch sales establishment located at 1631 Edinger Avenue, Suite 104, subject to the conditions contained within Exhibit A attached hereto. Resolution No. 4277 Page 3 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 27th day of January, 2015. JEFF R.THOMPSON Chairperson ELIZABETH A. BINSACK Planning Commission Secretary 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. 4277 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 27th day of January, 2015. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4277 CONDITIONAL USE PERMIT (CUP) 2014-23 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped January 27, 2015, on file with the Community Development Department, except 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 minor modifications during plan check if such modifications are to be consistent with the provisions of the Tustin City Code (TCC) and other applicable codes. (1) 1.2 This approval shall become null and void unless the use is established within twelve (12) months of 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 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of CUP 2014-23 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 "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Community Development Director, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 As a condition of approval of CUP 2014-23, 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, SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY (2) CEQA MITIGATION REQUIREMENTS (3) UNIFORM BUILDING CODEIS (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PC/CC POLICY *** EXCEPTIONS Exhibit A Resolution No. 4277 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 the 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 Section 1162(a). (1) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (***} 1.8 CUP 2014-23 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. If the use is not operated in accordance with CUP 2014-23, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or Negative impacts, or may initiate proceedings to revoke the CUP. USE RESTRICTIONS ***y 2.1 Pawnbroker activity shall be limited to pawning of crystal, jewelry, watches, precious gems, 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 Finance. 2.3 No pawnbroker permittee shall employ any person in such business who would be disqualified from obtaining a pawnbroker permit under this TCC Sections 3511 through 3515. A list shall be submitted to the City Police Department, within ten (10) days of hiring any new employee(s), along with the fingerprints of the new employee(s). Employees of a pawnbroker permittee shall comply with all provisions of TCC Section 3515. (***) 2.4 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 the store as follows: 10:00 a.m. to 6:00 p.m. Monday through Saturday and closed Sunday. ExhibitA Resolution No. 4277 Page 3 (1) 2.5 The City's Pawnbroker Permit, certified by the City, shall be displayed on the premises in plain view at all times. (1) 2.6 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. (1) 2.7 A pawnbroker permittee shall not attempt to receive stolen property or commit any other criminal offense involving stolen property. (1) 2.8 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) 2.9 A pawnbroker permittee shall not advertise the pawnbroker business unless the pawnbroker permit number is clearly displayed in the advertisement. (1) 2.10 The Pawnbroker Permit shall be non-transferable. (1) 2.11 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) 2.12 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. (1) 2.13 A pawnbroker permittee shall not receive anything in pledge from a minor. (1) 2.14 A pawnbroker permittee shall not promise any person who sells goods to permittee that the seller may repurchase the goods sold. (1) 2.15 All activities shall comply with the City's Noise Ordinance. (1) 2.16 No outdoor storage shall be permitted except as approved by the Community Development Director. Exhibit A Resolution No. 4277 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) hour 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.