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HomeMy WebLinkAbout02 CUP 06-007 Report to the Planning Commission ITEM #2 (2 ()~~,/ DATE: AUGUST 28, 2006 CONDITIONAL USE PERMIT CUP 06-007 SUBJECT: PROPERTY OWNER: LOCATION: WALLACE ENDERLE VILLA PARK PROPERTY MANAGEMENT COMPANY 2914 E. KATELLA AVENUE, SUITE 200 ORANGE, CA 92867 WILLIAM HOUCHIN WATCH AND WARES, INC. 17480 E. 17TH STREET, SUITE 105 TUSTIN, CA 92780 17480 E. 17TH STREET, SUITE 105 APPLICANT: GENERAL PLAN: ZONING: PLANNED COMMUNITY COMMERCIAU BUSINESS PLANNED COMMUNITY COMMERCIAL (PC COMM) 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 17480 E. 17TH STREET, SUITE 105. RECOMMENDATION That the Planning Commission adopt Resolution No. 4036 approving Conditional Use Permit 06-007 to authorize the establishment of a J)awnbroker business in an existing jewelry sales establishment located at 17840 E. 17TH Street, Suite 105. Planning Commission Report CUP 06-007 August 28, 2006 Page 2 BACKGROUND Watch and Wares is located within the Enderle Center, at the corner of 17th Street and Enderle Way (Attachment A - Location Map). The commercial center is zoned as Planned Community Commercial (PC COMM). There is a Planned Community Residential zoning district located to the south of Enderle Center across Vandenburg Lane. Watch and Wares is located in the opposite corner of Enderle Center and the residential uses are located outside of the 300 foot noticing parameters. There should be no effect on any residential uses. 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. Watch and Wares 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 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 has 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 10:00 a.m. to 5:00 p.m. Tuesday through Saturday. Watch and Wares is closed on Sundays and Mondays. 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. Planning Commission Report CUP 06-007 August 28, 2006 Page 3 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: 1. That the General Plan land use designation and zoning designation of Planned Community Commercial (PC COMM) allows for a variety of commercial uses, including jewelry stores. 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 (Watch and Wares) 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. 8. As conditioned, Conditional Use Permit 06-007 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 06-007 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 Planning Commission Report CUP 06-007 August 28, 2006 Page 4 Conditional Use Permit. 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 Tustin City Code. Staff recommends that that the Planning Commission adopt Resolution No. 4036 approving the Conditional Use Permit for pawnbroker business in conjunction with a jewelry retail establishment located inside an existing jewelry store. ~4~~ Ry Swiontek Assistant Planner jij~~~ Elizabeth A. Binsack Community Development Director Attachments: A. Location Map B. Resolution No. 4036 S:\Cdd\PCREPORT\2006\CUP 06-007.doc ATTACHMENT A Location Map H HI - - ::: ,- "on "'" ,-, . '^ ~~ ~ 'j - ..., _0 . 0 '. I ) ~ < Q I '." I'. ) II // < 0 .',' i '. ~ 0 i /i " 0 ,'i / / " f I I' " '. ~ ~ ;.....,,,,j ,:tfj =1 , ;1 ,'/ ' ...., " , , iI TUSTIN CITY MAP Project No. CUP 06-007 Address: 17480 E. 17th Street Tustin, CA 92780 "'I , 300' ~ _T < ~ 'U . ~ ~. 500' , ~ ~e; : . . ii,' ' ,-. "... :,:::" _-,~,:~ n.I;:~~ ;~~.,~ 1:~~ ~!::~: ,.."ct ur4f'''lf'.':' ~e 'M22 lr~.l " L.~- r:,Ff ",'II; ~ --'j:'4"; T~t4 17,... '41.1 ': ro '" '~"41 "" 1'552 ~o; ~....,::: ATTACHMENT B Resolution No. 4036 RESOLUTION NO. 4036 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 06-007 AUTHORIZING A PAWNBROKER BUSINESS IN CONJUNCTION WITH AN EXISTING JEWELRY SALES ESTABLISHMENT LOCATED AT 17840 E. 17th STREET, SUITE 105. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application, Conditional Use Permit 06-007, was filed by William Houchin on behalf of Watch and Wares, requesting authorization to establish a pawnbroker business in conjunction with an existing jewelry sales establishment located at 17840 E 1 yth Street, Suite 105. B. That a public hearing was duly called, noticed, and held for Conditional Use Permit 06-007 on August 28, 2006, by the Planning Commission. C. 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 and zoning designation of Planned Community Commercial (PC COMM) allow 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 (Watch and Wares) and is located within an existing jewelry store. 4. As conditioned and proposed by the applicant, pawnbroker activity is limited to jewelry items typically sold at jewelry stores. Resolution No. 4036 Page 2 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, Conditional Use Permit 06-007 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 06-007 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. In addition, all pawnbroker permits are non-transferable. 9. 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. 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 Conditional Use Permit 06-007 authorizing the establishment of a pawnbroker business in conjunction with an existing jewelry sales establishment located at 17840 E. 1 ih Street, Suite 105, 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 28th day of August, 2006. BRETT FLOYD Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4036 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. 4036 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 28th day of August, 2006. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4036 CONDITIONAL USE PERMIT 06-007 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped, August 28, 2006, 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 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 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 06-007 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 06-007, 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 CODElS (4) DESIGN REVIEW ... EXCEPTIONS (5) RESPONSIBLE AGENCY REQUIREMENTS (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Exhibit A Resolution No. 3993 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 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. (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 06-007 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 06-007, 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 (***) 2.1 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. (1) 2.2 Prior to engaging in the business of pawnbroker, a valid Pawnbroker Permit shall be obtained from the Director of Community Development. (***) 2.3 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: 10:00 a.m. to 5:00 p.m. Tuesday through Saturday and closed Sunday and Monday. Exhibit A Resolution No. 3993 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. (1) 2.5 A pawnbroker permittee shall not attempt to receive stolen property or commit any other criminal offense involving stolen property. (1) 2.6 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) 2.7 The Pawnbroker Permit shall be non-transferable. (1) 2.8 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) 2.9 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) 2.10 A pawnbroker permittee shall not receive anything in pledge from a minor. (1) 2.11 A pawnbroker permittee shall not promise any person who sells goods to permittee that the seller may repurchase the goods sold. 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 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.