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CITY 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:
Adjacent land use/zoning:
North:
East:
South:
West:
Environmental review:
Item no. 1 0
March 4, 2013
PUBLIC HEARING — CONDITIONAL USE PERMIT FOR
THE SALE & TRADE OF JEWELRY, GOLD, AND
OTHER PRECIOUS METALS AT JARED AND KAY
JEWELERS AT WESTFIELD PLAZA BONITA
LOCATED AT 3030 PLAZA BONITA ROAD.
2013-03 CUP
2960 Plaza Bonita Rd. & 3030 Plaza Bonita Rd. # 1226
564-471-02 & 07
Martin Reeder, AICP —Assistant Planner
Sterling Jewelers, Inc.
Westfield
Major Mixed -Use District (MXD-2)
Residential across Sweetwater Rd. / RS-2
Residential / County of San Diego
Open Space & I-8051 OS
Open Space across Plaza Bonita Rd. / OS
Not a project under CEQA (existing facilities, no
expansion)
BACKGROUND
Site Characteristics
Westfield Plaza Bonita is located in the southeast corner of National City in the
Commercial Shopping Center (CSC-PD) Zone. This Conditional Use Permit includes
two separate businesses, both owned by the same company (Sterling Jewelers). The
two locations are Kay Jewelers and Jared Galleria of Jewelry. Kay is inside the main
mall building on the ground floor next to the entrance to JCPenney. Jared is a pad
building located at the perimeter of the mall adjacent to Plaza Bonita Road and next to
Outback Steakhouse. These locations have been in business since 1998 and 2007
respectively.
Proposed Use
The applicant is proposing to buy, trade, and/or sell secondhand gold, jewelry, and
other precious metals otherwise sold as new in the stores. No physical changes are
proposed. The businesses would be subject to all state requirements as well as the
City's Municipal Code, recently amended to address sale/trade of such items.
Analysis
The purchase, trade, and/or sale of secondhand gold, jewelry, and other precious
metals are regulated by section 18.30.320 of the Land Use Code. This section also
regulates pawn shops and businesses engaged in secondhand dealing. This code
section was amended in 2012, prior to which a moratorium had been enacted regarding
such uses. The moratorium was in response to concerns over stolen goods being sold
without adequate monitoring. The Code Amendment added language to ensure
adequate business practices related to licensing, reporting, and disposition of second
hand items.
Generally, the subject use requires a Conditional Use Permit and is only permitted as
accessory to a legitimate retail business that sells as new the item(s) in question as its
primary business function. In addition, the total gross receipts of jewelry and precious
metals purchased or taken for credit may not exceed fifty percent of total retail sales of
these items.
All pawnbrokers and secondhand dealers are required, at minimum, to obtain a
secondhand dealer license and to abide by state -mandated reporting requirements for
secondhand tangible personal property as required in the Business and Professions
Code. Secondhand tangible personal property is defined as including, but not limited to,
all items that bear a serial number or personalized initials or inscription or which, at the
time it is acquired by the secondhand dealer, as defined by the California Business and
Professions Code. In addition, secondhand tangible personal property also includes
precious metals such as gold, silver, platinum, and jewelry.
A secondhand dealer means and includes any person, co -partnership, firm, or
corporation whose business includes buying, selling, trading, taking in pawn, accepting
for sale on consignment, accepting for auctioning, or auctioning secondhand tangible
personal property. Both secondhand dealers and secondhand property are defined in
the Glossary of the Land Use Code.
All of the above requirements are included as Conditions of Approval.
The Land Use Code also has requirements related to where such a business may be
located. Generally, no businesses engaged in secondhand dealing may be located east
of interstate 805 or within two thousand feet of another such business. However, these
requirements do not apply to shopping centers of fifty thousand square feet or more,
which includes Westfield Plaza Bonita. The Code also states that secondhand dealers
shall be no closer than two hundred fifty feet from residential zones. Both businesses
comply with this requirement.
Department Comments:
As there is no physical change happening on site, the Building and Fire Departments
had no comment. The Police Department commented that they had no objection to the
proposal provided that the businesses were regulated appropriately (based on the
recent Code Amendment related to secondhand dealing, et al). As mentioned aboveall
such conditions are included with this report.
Summary
The proposed accessory use involving the purchase, trade, and/or sale of secondhand
gold, jewelry, and other precious metals is consistent with the Land Use Code with the
approval of a Conditional Use Permit and subject to the attached findings and
Conditions of Approval. The subject businesses are within a regional mall of greater
than fifty thousand square feet and are established retail businesses that sell the type
of items in question as new. Conditions of Approval are consistent with a recent Code
Amendment related to such transactions and will help to alleviate concerns over stolen
items. Both Jared Gaileria of Jewelry and Kay Jewelers are reputable businesses that
have been in business for approximately 7 and 15 years respectively.
RECOMMENDATION
Staff recommends approval of 2013-03 CUP based on attached findings and subject to
the attached Conditions of Approval.
ATTACHMENTS
1. Recommended Findings for Approval
2. Recommended Conditions of Approval
3. Location Map
4. Public Hearing Notice (Sent to 117 property owners)
b. Site photos
6. Applicant's Plans (Exhibit A, Case File No. 2013-03 CUP, dated 1/24/2013)
MARTIN REEDER, AICP BRAD RAULSTON
Assistant Planner
Executive Director
RECOMMENDED FINDINGS FOR APPROVAL
2013-03 CUP, 2960 and 3030 Plaza Bonita Road
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.
RECOMMENDED CONDITIONS OF APPROVAL
2013-03 CUP, 2960 and 3030 Plaza Bonita Road
General
1. This Conditional Use Permit authorizes the accessory buying, trade, and/or sale of
secondhand gold, jewelry, and other precious metals otherwise sold as new at Jared
Jewelers located at 2960 Plaza Bonita Road and Kay Jewelers located at 3030 Plaza
Bonita Road, suite 1226. Except as required by Conditions of Approval, all plans
submitted for permits associated with the project shall conform to Exhibit A, Case File
No. 2013-03 CUP, dated 1/24/2013.
2. Before this Conditional Use Pewit shall become effective, the applicant and the
property owner both shall sign and have notarized an Acceptance Form, provided by
the Planning Department, 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
Department 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 Executive Director 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 the
National City 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. Any 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. Any plans submitted for construction shall comply with the 2010 edition of the
California Fire Code and the 2010 edition of NFPA.
Planning
7. The buying, trade, and/or sale of secondhand gold, jewelry, and other precious
metals shall only be permitted as accessory to a legitimate retail business that sells
as new the item(s) in question as its primary business function.
8. Total gross receipts of precious metals purchased or taken for credit shall not
exceed fifty percent of total retail sales of precious metals.
9. All pawnbrokers and secondhand dealers shall require, at minimum, a secondhand
dealer license and shall abide by state -mandated reporting requirements for
secondhand tangible personal property as required in the Business and Professions
Code.
10. No melting down of any precious metals may occur on site.
11.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 18.12.110.
Police
12.1Nithin 24 hours of all jewelry, gold or other precious metal buying transactions, a
copy of a CA JUS 123 form and the customer's ID shall be submitted to the Police
Department for review.
13. Jewelry, gold or other 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.
14.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.
15. Pursuant to Financial Code Section 21208 and Business and Professions Code
Section 21628, the business 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.
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CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT
1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950
NOTICE OF PUBLIC HEARING
CONDITIONAL USE PERMIT FOR THE SALE & TRADE OF
EWELRY, GOLD, AND OTHER PRECIOUS METALS
AT JARED AND KAY JEWELERS AT WESTFIELD PLAZA BONITA
LOCATED AT 3030 PLAZA BONITA ROAD.
CASE FILE NO.: 2013-03 CUP
APN: 564-471-02 & 07
The National City Planning Commission will hold a public hearing after the hour of 6:00
p.m. Monday, March 4th, 2013, in the City Council Chambers, Civic Center, 1243
National City Boulevard, National City, California, on the proposed request. (Applicant:
Sterling Jewelers, Inc.)
The applicant proposes to buy and sell used jewelry from two locations at Westfield
Plaza Bonita. The businesses would buy, trade, and/or sell secondhand jewelry, gold,
and other precious metals otherwise sold as new in the store.
Information is available for review at the City's Planning Division, Civic Center.
Members of the public are invited to comment. Written comments should be received
by the Planning Division on or before 12:00 p.m., March 4th, 2013, who can be
contacted at 619-336-4310 or planninganationalcityca.gov
If you challenge the nature of the proposed action in court, you may be limited to raising
only those issues you or someone else raised at the public hearing described in this
notice, or in written correspondence delivered to the Planning Commission at, or prior
to, the public hearing.
NATIONAL CITY PLANNING DIVISION
BRAD RAULSTON
Executive Director
2013-03 CUP - Westfield Plaza Bonita - Sterling Jewelers - Site Photos
Kay Jewelers inside Westfield Plaza Bonita
Jared Galleria of Jewelry located at mall perimeter