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HomeMy WebLinkAboutPlanning Commission Staff ReportCITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No.: Location: Assessor's Parcel No: Staff report by: Applicant: Property owner: Combined General Plan/ Zoning designation: Parcel size: Adjacent land use/zoning: North: East: South: West: Environmental review: Item no. 2 March 21, 2011 PUBLIC HEARING — CONDITIONAL USE PERMIT FOR A PAWN SHOP AND GOLD BUYING BUSINESS AT 2720 PLAZA BLVD. SUITE Z. 2011-05 CUP 2720 East Plaza Blvd. 558-010-59 Martin Reeder — Assistant Planner Anzar Enterprises NC Galleria, LLC General Commercial— Planned Development (CG-PD) 1.88 acres Multi -Family residential use across Plaza Blvd. / RM-2-PD Single -Family residential use / RS-2 Palmer Way Elementary School / IP-PD Commercial use / CG PD Not a project under CEQA (existing facility, no expansion) 2 BACKGROUND Site Characteristics The 82,000 square -foot parcel on which the proposed business is situates is located east of Euclid Avenue on the south side of Plaza Blvd. The lot is developed with the Galleria Shopping Center, consisting of two commercial buildings with 20 separate suites. The subject suite (Suite Z) is located on the east end of the property, adjacent to Plaza Blvd. and is approximately 2,400 square feet in size. There are around 50 parking spaces in front of the building with another 80 plus spaces in the rear of the property adjacent to the neighboring elementary school (Palmer Way). The applicant has another pawn business in National City under the same name as the proposed outlet. That business (Monte de Piedad) is located at 604 Highland Avenue and was approved in May of 2009 (2009-05 CUP). Proposed Use The business owner proposes to operate a pawn shop and gold buying business within the suite from 9:00 a.m. until 7:00 p.m. seven days a week, although the store will only be open Sundays if business allows. The applicant anticipates that there would be three to four employees, depending on business volume. The use includes a pawn shop and buying of gold and precious metals. The majority of gold purchased would be sold at a wholesale level for recycling purposes. Gold that is of good quality may be resold. As part of the proposed use, the applicant proposes to make additional tenant improvements to the suite that will allow for increased security for the pawn business and for the purchase and storage of gold. The proposed improvements include: • A customer counter for the receipt of items for pawn and purchase of gold; • Installation of surveillance cameras throughout the suite; • Restricted security access to non -customer areas; and • A secure vault/safe for storage of gold and high value items. Analysis Pawn shops and gold buying businesses are permitted within the General Commercial (CG) zone with the approval of a Conditional Use Permit (CUP). Both Pawn brokers and gold and precious metal buying are State regulated through the California Business and Professions Code. Precious metal buying businesses must register with the California Department of Justice as a secondhand dealer. Secondhand dealers must report all purchases to the Police Department on a daily basis and hold purchased items for a minimum of 30 days. State law does not allow cities to adopt identification, holding, or reporting requirements other than as set forth by the State's Business and Professions Code. 3 There are currently four other pawn shops in the city, with another approved and scheduled to open shortly. The businesses are at the following locations (see attached map): ■ Express Financial Services, 1050 Highland Avenue, Suite E ■ Monte de Piedad, 604 Highland Avenue • We Lend More, Inc. at 133 E. 8th Street • Simon & Simon Jewelry and Loan at 139 E. 8th Street • 2010-20 CUP (as yet unnamed) at 560 Highland Avenue The nearest of these businesses (Express Financial Services) is located over a mile away. The City's Land Use Code does not have distance requirements for pawn shops. As part of a recent approval, staff contacted other cities within San Diego County (La Mesa, El Cajon, and Lemon Grove) to determine if they had distance requirements from schools, residences and other pawn shops. La Mesa and Lemon Grove require approval of a Conditional Use Permit, whereas pawn shops are permitted within commercial zones in El Cajon. Although a pawn shop and gold buying business may indicate that there is an economic need for such businesses, there has been no direction to neither limit the number of similar businesses within the city nor provide distance requirements. Police Department Concerns: The Police Department has typically expressed concerns related to criminal activity, sale of stolen items and second hand dealer reporting requirements as required by the State Department of Justice. Consistent with previously approved pawn and gold buying businesses, Conditions of Approval are included to require appropriate reporting of property acquisition, installation and maintenance of security cameras, retention of video tapes for at least 60 days, and photographing of sellers. Additionally, at the recommendation of the Police Chief, the Planning Commission may consider revocation of the CUP if the operator is found to be in violation of any State or local law. Previous approvals (Gold buying operations at Westfield Plaza Bonita and Uncle Buck's Check Cashing at Plaza and Palm) have required the retention of purchased material for at least 60 days, in excess of the 30 day State requirement. The Police Department had originally requested the extended retention period due to the time it took to process pawn/precious metal buying reporting information versus the limited staff available. The applicant is requesting to have a 30 day holding period in order to allow for a more efficient business model and be consistent with their outlets in other jurisdictions. Condition number 11 refers to the required retention period and reflects this request. Summary The proposed use of a pawn shop and gold (precious metal) buying business within a commercial building is consistent with the Land Use Code with the approval of a 4 Conditional Use Permit. The proposed business is along a commercial corridor that has other pawn and gold buying businesses. Potential issues related to security have been addressed through specific Conditions of Approval. RECOMMENDATION Staff recommends approval of 2011-05 CUP subject to the conditions listed attached. ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions of Approval 3. Location Map 4. Pawn Shops within National City 5. Public Hearing Notice (Sent to 23 property owners) 6. Site photos 7. Applicant's Plans (Exhibit A, Case File No. 2011-05 CUP, dated 2/2/2011) MARTIN REEDER M = RYAM BA Assistant Planner Director of Development Services 5 RECOMMENDED FINDINGS FOR APPROVAL 2011-05 CUP, 2720 East Plaza Blvd. Suite Z 1 That the site for the proposed use is adequate in size and shape, since the proposed use will be contained within a commercial building which was constructed and designed for a commercial use, with adequate parking provided. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the proposed use is consistent with a retail use already considered during the design and construction of the commercial building. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use is contained wholly within a commercial structure, there is no expansion proposed, and the use is typical of a commercial use considered in the General Plan and Land Use Code. 4. That the proposed use is deemed essential and desirable to the public convenience, since it will provide a service that is in demand among consumers. 6 RECOMMENDED CONDITIONS OF APPROVAL 2011-05 CUP, 2720 East Plaza Blvd. Suite Z General 1. This Conditional Use Permit authorizes a pawn shop and gold buying (precious metal) buying 2720 East Plaza Blvd. Suite Z. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. 2011-05 CUP, dated 2/2/2011. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Division prior to recordation. 3. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. The permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. Building 5. Plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes Fire 6. The project shall be built to code. The National City Fire Department utilizes the 2010 edition of the California Fire Code and the 2010 edition of NFPA. Planning 7. This Conditional Use Permit shall be referred to the Planning Commission for consideration of revocation upon recommendation by the Police Chief if the operator is found to be in violation of any state, or local law regulating Secondhand Dealers in accordance with Section 18.116.170. 8. Security cameras shall be installed and maintained at the entrance and in proximity to all pawn and gold (precious metals) buying. Video recordings shall be retained for a minimum of 60 days. 9. The sale of firearms is prohibited at the site. Police 10.Within 24 hours of all gold buying transactions, a copy of a CA JUS 123 form and the customer's ID shall be submitted to the Police Department for review. 11. Gold and/or precious metals purchased shall be held for a period of 30 days prior to recycling to allow adequate time for the Police Department to review the items in conjunction with a potential theft, burglary, or other criminal activity. 12. The applicant shall provide documentation that the business has been registered as a Secondhand Dealer and at all times, shall be operated in compliance with California Business and Professions Code Sections 21625-21647, or any other sections pertaining to Secondhand Dealers. 13. Pursuant to Financial Code Section 21208 and Business and Professions Code Section 21628, the licensed pawnbroker or secondhand dealer shall report daily, or the first working day after receipt or purchase, to the Police Chief providing a listing of defined sales and/or goods. The business shall be operated in compliance with California Business and Professions Code Sections 21625-21647, or any other sections pertaining to pawn brokers, at all times. 14.The applicant shall digitally photograph the identification of the individual selling the item for recycling. The photographs shall be retained and the items being purchased for a minimum period of 60 days. 8 J CO cn East 6th Street II East 8th Street Iti East Plaza Blvd Proposed Locations Established Locations 1 - We Lend More - 133 E. 8th St. 2 - Simon & Simon - 139 E. 8th St. 3 - Monte de Piedad - 604 Highland Ave. 4 - Express Financial Services - 1050 Highland Ave. 5 - 2010-20 CUP - 560 Highland Ave. 9 03.10.11