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Home My WebLink About05 CUP 05-030 ITEM #5 Report to the Planning Commission DATE: SEPTEMBER 12, 2005 CONDITIONAL USE PERMIT CUP 05-030 SUBJECT: PROPERTY OWNER: DIANA LESTER FISHER & LESTER CO. 1810 NEWPORT BLVD. UNIT C COSTA MESA, CA 92627 RAJA PARSON PARSON JEWELERS 12932 NEWPORT AVENUE #3 TUSTIN, CA 92780 APPLICANT: LOCATION: 12932 NEWPORT AVENUE #3 GENERAL PLAN: COMMUNITY COMMERCIAL ZONING: C-1 (RETAIL COMMERCIAL DISTRICT) 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 AN EXISTING JEWELRY SALES ESTABLISHMENT LOCATED AT 12932 NEWPORT AVENUE #3. RECOMMENDATION That the Planning Commission adopt Resolution No. 3993 approving Conditional Use Permit 05-030 to authorize the establishment of a pawnbroker business in an existing jewelry sales establishment located at 12932 Newport Avenue #3. Planning Commission Report CUP 05-030 September 12, 2005 Page 2 of 4 BACKGROUND Parson Jewelers is located within the Red Hill Center which is located on the Northeast corner of Newport Avenue and Old Irvine Boulevard (Attachment A - Location Map). The commercial center is zoned as Retail Commercial (100 C-1 10,000). Directly abutting the center to the Northeast is a Circle K convenience market where there is an EZ Lube oil change station located at the Southwest corner of the block. Across Newport Avenue to the West of the site are the Woodcrest Apartments and a Church just to the north of that. Commercial uses are located to the South of the site directly across Old Irvine Boulevard and single family residences (R-1 district) abut the property to the West. On June 3, 2002, the City Council adopted Ordinance No. 1252 requiring all pawnbroker businesses to obtain a Conditional Use Permit as a prerequisite of City issuance of a Pawnbroker Permit. The applicant currently holds a State Pawnbroker Permit; however, as a result of the new Ordinance, the applicant is now seeking to obtain approval of a Conditional Use Permit by the Planning Commission prior to receiving a Pawnbroker Permit by the Community Development Director. DISCUSSION Business Operation Parson Jewelers have been in business at the same location in the City of Tustin since 1988 and have been serving Orange County since 1978. Prior to Ordinance No. 1252 being adopted, the applicant was operating a pawnbroker business at the current location. The pawnbrokering component of the applicant's business is ancillary to jewelry 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. Hours of Operation The proposed business hours of operation are from 10:30 a.m. to 5:30 p.m. Monday through Friday and from 11 a.m. to 4 p.m. on Saturdays. Parson Jewelers is closed on Sundays. These hours are consistent with the hours of the existing Jewelry store and the Red Hill Center as a whole. Parking Since no expansion and/or alteration of the existing floor plan is proposed, no additional parking spaces would be required. Planning Commission Report CUP 05-030 September 12, 2005 Page 3 of 4 Condmonal Use Permft 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: 1. That the General Plan land use designation of Community Commercial and Retail Commercial (C1) zoning district provide for a variety of commercial uses, including jewelry stores. Pawnbroker businesses are allowed with the approval of a Conditional Use Permit as required by Section 3512 of the Tustin City Code. 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 Tustin City Code which regulates pawnbroker businesses. 3. The proposed pawnbroker business will be operated in conjunction with a larger jewelry retail business (Parson Jewelers) 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 applicant has previously operated a pawnbroker business in conjunction with a jewelry store and has passed and obtained a State Pawnbroker License through the Department of Justice. 7. As conditioned, Conditional Use Permit 05-030 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 05-030 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 Planning Commission Report CUP 05-030 September 12, 2005 Page 4 of 4 nuisance or negative impacts or may initiate proceedings to revoke the Conditional Use Permit. 8. The implementation/application of the proposed conditions would ensure compatibility of the proposed pawnbroker use with the surrounding uses and the Tustin City Code. Staff recommends that the Planning Commission adopt Resolution No. 3993 approving the Conditional Use Permit for pawnbroker business in conjunction with a jewelry retail establishment located inside an existing jewelry store. /;//;Z //~~,ž Rýan ~wiontek Assistant Planner _D--- ~tJ-- Dana Ogdon Assistant Community Development Director Attachments: A. Location Map B. Submitted Plans C. Resolution No. 3993 S:\Cdd\PCREPORTì2005\CUP 05-030 (Pawnbroker Parson).doc ATTACHMENT A Location Map :...:JCA.TJON MAF TUSTIN CiTY MAP Project No. CUP 05-030 Address: 12932 Newport Avenue Unit 3 Tustin, CA 92780 ""J, (;,,'::::~ / 'Jla.' ~'/~ if" I < "-Z~§,] ~ I I . .~~ £ <:~~:j~::::j~~jl IJI3.- /~.' / ¡~:~ ~ 1:>'" ""'.."" . ., """'1..,""" , ":::: ........ c /' o~ ~/ ß' ..... '/, i/Ffj , .,' ,~ - ATTACHMENT B Submitted Plans I II I I i urD-ìDD~-lDJ RECEIVED I i: II I I 'I I JUL 262005 I II I < I I I I : I 0 I 0 COMMUNITY DEVnOPMENT I 'I : . I : I BY ,~ I I I, I U . 'I I ~ 1 N r 4 1:1 II I . I ")., I I I -, Î : I I . I ' . I I, . I I I [- -ll 1/ . EXlSTlNGSI/p PSB I TRADER " ~ I' . n ~ 8,000 SF, ¡ JOE'S I . ~ I I I II I , Wool I . : :: I us,...L.. 15,700 SF I I ~ ¡ I ::1 " :> ¡ . I II IJ:: I Ii / U ib! I I I ""' I ~i UII~II ! . ',~i' . I I I I i q~! ï I i I I : . I II I , I I . I I 1 I ' I 0 , 1 I I . I I I I , I I 0 ~ 1 0 'l I . I I J' ~f' 3.. I I I I . I I . I 14 t--- . ~ I ! - 1111/111 ~-.. --,-' '" - J -, >--1- /, 1\ ) <=.. _._------- -----'----------------_0",;,-------,-1 í I ----' . -"'-'.' ""--------'" '--'- \ ¡ '--r------------~--~--~'~-~- .. ~ NEWPfJRT-A'ÆMJE- ~ 1- ~ .. - - .. .. ,U J L . ('- ~.-._o_,_o_<_o 0 \.-. . .:::: . - . - . - - - . - . - . - . - . ~-=-:_=-:":::-' - . - . - . - - - - - - - - - ~ - - - - - - '- -... - - - - - - ----,- -"" ----_.......~ ......-.-------------------- ""-------------------------'."'---------------'\--""'" --------. - ~ ~ ~ [, ~ t.í ~ r ~ " ~ ~f)CK: "- ~ , I}L¿e " ~ OFRcb - - -I S I-h {J r CÌCJ Ptf It, ~551 m A/T" lu I A./ Do L<./ 'HC RECEIVED JUl 2 6 2005 COMMUNItY DEVELOPMENl BY ATTACHMENTC Resolution No. 3993 RESOLUTION NO. 3993 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 05-030 AUTHORIZING A PAWNBROKER BUSINESS IN CONJUNCTION WITH AN EXISTING JEWELRY SALES ESTABLISHMENT LOCATED AT 12932 NEWPORT AVENUE #3. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. B, c. That a proper application, Conditional Use Permit 05-030, was filed by Raja Parson on behalf of Parson Jewelers, requesting authorization to establish a pawnbroker business in conjunction with an existing jewelry sales establishment located at 12932 Newport Avenue #3. That a public hearing was duly called, noticed, and held for Conditional Use Permit 05-030 on September 12, 2005, by the Planning Commission. 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: 1. That the General Plan land use designation of Community Commercial and Retail Commercial (C1) zoning district provide for a variety of commercial uses, including jewelry sales establishments. Pawnbroker business is allowed with the approval of a Conditional Use Permit as required by Section 3512 of the Tustin City Code, 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 Tustin City Code which regulates pawnbroker businesses. 3. The proposed pawnbroker business will be operated in conjunction with a larger jewelry retail business (Parson Jewelers) and is located inside an existing jewelry mart. . Resolution No. 3993 Page 2 D. 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 applicant has previously operated a pawnbroker business at the location and has obtained a State Pawnbroker License through the Department of Justice. 7. As conditioned, Conditional Use Permit 05-030 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 05-030 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. 8, The implementation/application of the proposed conditions would help ensure compatibility of the proposed pawnbroker use with the surrounding uses and the Tustin City Code, 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 05-030 authorizing the establishment of a pawnbroker business in conjunction with an existing jewelry sales establishment located at 12932 Newport Avenue #3, subject to the conditions contained within Exhibit A attached hereto. II. Resolution No. 3993 Page 3 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 1 ih day of September, 2005. JOHN NIELSEN 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 1 am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 3993 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12th day of September, 2005. ELIZABETH A. BINSACK Planning Commission Secretary GENERAL (1 ) 1.1 (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 (1 ) 1.5 EXHIBIT A RESOLUTION NO. 3993 CONDITIONAL USE PERMIT 05-030 CONDITIONS OF APPROVAL The proposed project shall substantially conform with the submitted plans for the project date stamped, September 12, 2005, 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. 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. 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. Approval of Conditional Use Permit 05-030 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. As a condition of approval of Conditional Use Permit 05-030, 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 (2) CEQA MITIGATION . (3) . UNIFORM BUILDING CODEIS (4) DESIGN REVIEW *** EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 3993 Page 2 (1 ) (1 ) (***) (1 ) 1.6 1.7 1.8 1.9 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, Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100,00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. 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. Conditional Use Permit 05-030 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 05-030, 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. No change or alteration of the tenant space shall occur without prior approval of the Community Development Director. USE RESTRICTIONS (***) (1) (***) 2.1 2.2 2.3 Pawnbroker activity shall be limited to pawning of jewelry items typically sold at jewelry stores. Any other items to be pawned shall be reviewed and approved in writing by the Community Development Director. Prior to engaging in the business of pawnbroker, a valid Pawnbroker Permit shall be obtained from the Director of Community Development. 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 Jewelry Store as follows: 10:30 a,m, to 5:30 p,m. Monday through Friday, 11 :00 a.m. to 4:00 p,m, on Saturday, and closed Sunday. Exhibit A Resolution No. 3993 Page 3 (1) 2.4 (1) 2.5 (1) 2.6 (1) (1) 2.7 2.8 (1) 2.9 (1) (1) The City's Pawnbroker Permit, certified by the City, shall be displayed on the premises in plain view at all times, A pawnbroker permittee shall not attempt to receive stolen property or commit any other criminal offense involving stolen property. 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. The Pawnbroker Permit shall be non-transferable. 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. 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. 2.10 A pawnbroker permittee shall not receive anything in pledge from a minor. 2.11 FEES (1) 3.1 A pawnbroker permittee shall not promise any person who sells goods to permittee that the seller may repurchase the goods sold. 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 forty- three dollars ($43.00) 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.