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HomeMy WebLinkAbout03 PC REPORT CUP 2016-03 PAWNBROKERAGENDA REPORT"a MEETING DATE: MARCH 22, 2016 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT ITEM #3 SUBJECT: CONDITIONAL USE PERMIT (CUP) 2016-03 TO ESTABLISH PAWNBROKER USE IN CONJUNCTION WITH A RETAIL WATCH STORE LOCATED AT 195 EL CAMINO REAL, SUITE 102 APPLICANT: GUILLERMO DEL RIO TIME WATCHES 195 EL CAMINO REAL, SUITE 102 TUSTIN, CA 92780 PROPERTY OWNER: GUILLERMO DEL RIO /LIZET MARIE OROZCO 5022 GREENCAP AVENUE IRVINE, CA 92604-2412 LOCATION: 195 EL CAMINO REAL, SUITE 102 GENERAL PLAN: OLD TOWN COMMERCIAL (OTC) ZONING: CENTRAL COMMERCIAL (CR2) EXISTING LAND USE: COMMERCIAL ENVIRONMENTAL: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) SECTION 15301, CLASS 1 REQUEST: TO ESTABLISH PAWNBROKER USE IN CONJUNCTION WITH A RETAIL JEWELRY AND WATCH STORE LOCATED AT 195 EL CAMINO REAL, SUITE 102. PC Report March 22 2016 CUP 2016-03 Page 2 RECOMMENDATION That the Planning Commission adopt Resolution No. 4310 approving CUP 2016-03 to authorize the establishment of a pawnbroker business in conjunction with a retail watch store located at 195 EI Camino Real, Suite 102. APPROVAL AUTHORITY Pursuant to Section 3512 of the Tustin City Code (TCC) requires approval of CUP prior to receiving a pawnbroker permit. Section 9291c of the TCC gives the Planning Commission the authority to evaluate and grant requests for CUPS. BACKGROUND The applicant's business, Time Watches, has operated at this location since July 2014, and is located within the OTC District at the northeast corner of El Camino Real and 2'd Street (Attachment A — Location Map). The commercial business is zoned as C-2 within the Parking Overlay District. A restaurant is located immediately to the south within the same building, a vacant lot is located across 2" d Street to the south, and all other immediate surrounding uses are commercial in nature and located within the C-2 zone. PC Report March 22, 2016 CUP 2016-03 Page 3 On June 3. 2002. the City Council adopted Ordinance No. 1252 requiring all pawnbroker businesses to obtain CUPS as a prerequisite of the Pawnbroker Permits. Time 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 pawn brokering component of the applicant's business would be 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. Hours of Operation The proposed business hours of operation are from 9:00 a.m. to 5:00 p.m. Monday through Friday. These hours are consistent with the hours of the existing retail jewelry and watch store. PC Report March 22, 2016 CUP 2016-03 Page 4 Parking Since no expansion and/or alteration of the existing floor plan is proposed, no additional parking spaces would be required. Public Comment On March 16, 2016, the City Clerk's office received correspondence expressing concerns related to the proposed pawn broker business (Attachment C). 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 of OTC and zoning designation of C-2 allow for a variety of commercial uses, including jewelry stores, by right. Pawnbroker business is allowed with the approval of a CUP as required by Section 3512 of the 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 as an ancillary use within an established jewelry retail business (Time 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. 7. As conditioned, no pawnbroker business signage is allowed to be installed or displayed. PC Report March 22, 2016 CUP 2016-03 Page 5 8. As conditioned, CUP 2016-03 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 2016-03 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, 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 the Planning Commission adopt Resolution No. 4310 approving the CUP for pawnbroker business in conjunction with a jewelry and watch retail establishment located inside an existing jewelry and watch store. Elaine Dove Elizabeth A. Binsack Senior Planner Community Development Director Attachments: A. Location Map B. Land Use Application Fact Sheet C. Correspondence Received March 16, 2016 D. Resolution No. 4310 ATTACHMENT A LOCATION MAP r LOCATION MAP 195 EL CAMINO REAL sr I I u„*TH V st E: =T F;Rsr --`_ <r tE=q r y _300' PROJECT SITE A00, 2ndSTREET IN ELEX J � _lj i ATTACHMENT B LAND USE APPLICATION FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CUP 2016-03 2. LOCATION: 195 EL CAMINO REAL, SUITE 102 3. LOT: 19 BLOCK: 41 TRACT: 793 4. APN(S): 401-583-09 5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: DR -2011-006: Design Review for a 2,795 sq. ft. building CUP -2012-005: Conditional Use Permit for a mixed-use building 6. SURROUNDING LAND USES: NORTH: Commercial, Office SOUTH: Commercial EAST: Commercial, Office WEST (Across EI Camino Real): Commercial, Office 7. SURROUNDING ZONING DESIGNATION: NORTH: Central Commercial (C2), Cultural Resources Overlay (CR),: Parking Overlay (P) SOUTH: Central Commercial (C2), Cultural Resources Overlay (CR), Parking Overlay (P) EAST: Central Commercial (C2), Cultural Resources Overlay (CR), Parking Overlay (P) WEST: Central Commercial (C2), Cultural Resources Overlay (CR), Parking Overlay (P) 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: Old Town Commercial SOUTH: Old Town Commercial EAST: Old Town Commercial WEST: Old Town Commercial 9. SITE LAND USE: EXISTING PROPOSED Use: Commercial No Change Zoning: Central Commercial, Cultural Resources Overlay, No Change Parking Overlay General Plan: Old Town Commercial No Change DEVELOPMENT FACTS: 10. LOT AREA: 4356 S.F. or 0.10 ACRES 11. TENANT SPACE: 800 SF 14. PARKING: 19 SPACES REQUIRED (Two onsite spaces provided; remainder for the onsite uses is provided through the Old Town Parking Exception Program) 15. TENANT IMPROVEMENTS: NONE PROPOSED Forms:LandUseApplicationFactSheet ATTACHMENT C CORRESPONDENCE RECEIVED MARCH 16, 2016 135 EI Camino Real Tustin, CA 92780 March 14, 2016 Erica N. Rabe City Clerk City of Tustin 300 Centennial Way Tustin, CA 92780 Dear Ms. Rabe.... PRECEOVED MAR 16 2016 Tl1MN I am writing this letter In response to the Public -Hearing to occur on March 22 to consider the current business located at 195 El Camino Real expanding to include "pawn shop" activities. I will be out of town on the 22"d, hence the need to write to you. Needless to say, my proximity to this location worries me. I live rent at 135 El Camino Heal and I am the only house (stand alone residence) on this block, so in addition to observingthe daily "day" activities, I'm also subject to the "night" activities. My humble opinion is that this block (between 1' and 2"d Streets) on ECR is already a "seedy" section of Old Town Tustin, what with the numerous homeless people, vagrants, drunks, druggies, gang bangers, etc. etc. that hang out up and down the block; it is a major thoroughfare for people on foot, skateboards, bicycles (mainly becausethey're oblivious to the fact that a person actually lives in this one house on the block). I do not feel safe, now, walking on the sidewalk after dark, so my own "quality of life', is affected. Admittedly, I am the only permanent resident and do not expect that Just because something negatively affects only me that it cannot be. Admittedly, I'm generalizing, but I think any reasonably -informed person understands whattype of clientele a pawn shop attracts... mostly, desperate people needing immediate cash, trying to pawn something that may or may not be theirs to pawn. I believe it's foolish to think that these people need the cash to pay rent, pay down a student loan, put gas in their car, make a donation to charity, etc .... in other words, they're not needing the money for a legal reason. Desperate people do desperate things. Desperate results can follow, especially if the desperation Involves weapons. I could go on and on, but•I won't. 1 will be curious to obtain the results/recommendations of.the Planning Commission meeting when I return in early April. Is it possible to obtain an actual audio transmission of the meeting so I can hear if I'm crazy and I really am the only one in the city who opposes this measure? Thank you for your attention and consideration of my views. Candyce Bean er ATTACHMENT D RESOLUTION NO. 4310 RESOLUTION NO.4310 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT (CUP) 2016-03 AUTHORIZING A PAWNBROKER BUSINESS IN CONJUNCTION WITH A RETAIL WATCH STORE LOCATED AT 195 EL CAMINO REAL, SUITE 102. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application, CUP 2016-03, was filed by Guillermo Del Rio, requesting authorization to establish a pawnbroker business in conjunction with an existing watch store located at 195 EI Camino Real, Suite 102. B. That the General Plan land use designation of Old Town Commercial (OTC) and zoning designation of Central Commercial (C-2) allow for a variety of commercial uses, including jewelry stores, by right. 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 Plan. C. That a public hearing was duly called, noticed, and held for CUP 2016-03 on March 22, 106, by the Planning Commission. D. That the proposed pawnbroker business in conjunction with an existing 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: a. The proposed pawnbroker business is consistent with Section 3511 et seq. of the TCC which regulates pawnbroker businesses. b. The proposed pawnbroker business will be operated in conjunction with an ancillary to the larger jewelry retail business (Time Watches) and is located inside an existing jewelry store. C. As conditioned and proposed by the applicant, pawnbroker activity is limited to jewelry items typically sold at jewelry stores. d. The proposed hours of operation are consistent with, the hours of operation of the existing jewelry store in which the business will be conducted. Resolution No. 430 Page 2 e. The proposed pawnbroker business is surrounded by other commercial uses and is not oriented toward any residential or sensitive uses. f. As conditioned, no pawnbroker business signage is allowed to be installed or displayed. g. As conditioned, CUP 2016-03 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 2016-03 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. h. The implementation/application of the proposed conditions would ensure compatibility of the proposed pawnbroker use with the surrounding uses and the TCC. 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). II. The Planning Commission hereby approves CUP 2016-03 authorizing the establishment of a pawnbroker business in conjunction with an existing watch sales establishment located at 195 EI Camino Real, suite 102, 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 22 Id day of March, 2016. AUSTIN LUMBARD Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4310 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. 4310 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 22nd day of March, 2016. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4310 CONDITIONAL USE PERMIT (CUP) 2016-03 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped March 22, 2016, 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 if such modifications are to be consistent with the provisions of the Tustin City Code 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 2016-03 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 2016-03, 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, void, or annul an SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODES (4) DESIGN REVIEW *** EXCEPTIONS (5) RESPONSIBLE AGENCY REQUIREMENTS (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Exhibit A Resolution No. 4310 Page 2 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 2016-03 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 2016-03, 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 (***) 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: 9:00 a.m. to 5:00 p.m. Monday through Friday, closed Saturday and Sunday. Exhibit A Resolution No. 4310 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 in writing by the Community Development Department. (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 The Pawnbroker Permit shall be non -transferable. (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. (1) 2.14 A pawnbroker permittee shall not receive anything in pledge from a minor. (1) 2.15 A pawnbroker permittee shall not promise any person who sells goods to permittee that the seller may repurchase the goods sold. (1) 2.16 All activities shall comply with the City's Noise Ordinance. (1) 2.17 No outdoor storage shall be permitted except as approved in writing by the Community Development Director. Exhibit A Resolution No. 4310 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 Califomia Environmental Quality Act could be significantly lengthened.