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HomeMy WebLinkAboutPC Staff ReportTitle: ,► . c A i FA R ppa�.'... N ' NktL ory rairoaxeosa CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Item no. 3 August 5, 2013 PUBLIC HEARING -- CONDITIONAL USE PERMIT FOR THE SALE OF SECONDHAND JEWELRY, GOLD, AND/OR OTHER PRECIOUS METALS AT A RETAIL JEWELRY STORE LOCATED AT 1536 SWEETWATER ROAD. Case File No.: 2013-17 CUP Location: 1536 Sweetwater Road, Suite D. Assessor's Parcel No: 563-231-16 Staff report by: Martin Reeder, AICP — Principal Planner Applicant: Leo Hamel Fine Jewelers Property owner: Sweetwater Associates LP Combined General Plan/ Zoning designation: Major Mixed -Use District (MXD-2) Adjacent land use/zoning: North: Commercial across Sweetwater Rd. i MXD-2 East: Staples I MXD-2 South: State Route 54 / OS \Vest: Mor Furniture l MXD-2 Environmental review: Not a project under CEQA (existing facilities, no expansion) BACKGROUND Site Characteristics Swccfiirater Crossings Shopping Center is located in the south portion of the City in the Major Mixed -Use District (iviXD-2) zone. There are 4 separate buildings in the center, including several multi -tenant buildings, Carl's Jr. Denny's, L.A. Fitness, and Cornerstone Church (among others). 1536 Sweetwater Road, suite D is located at the west end of the long central multi -tenant building, which also houses CVS and Mor Furniture. Leo Hamel Fine Jewelers have been in business in the San Diego area for over 30 years. Proposed Use The applicant wishes to open a retail jewelry (new) outlet that also proposes to buy, trade, and/or sell secondhand jewelry, watches, gold, and other precious metals otherwise sold as new in the store. No physical changes are proposed above what would be found in a standard retail store. The business would be subject to all state requirements as well as the City's Municipal Code, recently amended to address saleltrade 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 Lana 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 the Land Use Code to ensure adequate business practices related to licensing, reporting, and disposition of second hand items. Generally, the subject use requires a Conditional Use Kermit 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 deaier 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, ali 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. Ali of these 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. The proposed business is in compliance with these requirements, although they do not generally apply in this case; Shopping centers of fifty thousand square feet or more, are, which includes Sweetwater Crossings, are exempt from the distance requirements. The Code also states that secondhand dealers shall be no closer than two hundred fifty feet from residential zones. The business complies with this requirement. Department Comments: The Building and Fire Departments provided comments requiring compliance with Building and Fire Code. No comments were received from the Police Department. 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 business is within a shopping center of greater than fifty thousand square feet and would 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. Leo Hamel Fine jewelers is a reputable business that has been in business for over 30 years in the San Diego region. RECOMMENDATION Staff recommends approval of 2013-17 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 14 property owners) v. Site photos 6. Applicant's Plans (Exhibit A, Case File No. 2013-17 CUP, dated 6113/2013) MARTIN REEDER, AICP Principal Planner BRAD RAULSTON Executive Director RECOMMENDED FINDINGS FOR APPROVAL 2013-17 CUP, 1536 Sweetwater Road, suite D That the site for the proposed use is adequate in size and shape, since the proposed use bail, 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 2013-17 CUP, 1536 Sweetwater Road, suite D General 1. This Conditional Use Permit authorizes the accessory buying, trade, and/or sale of secondhand jewelry, watches, gold, and other precious metals otherwise sold as new at Leo Hamel Fine Jewelers located at 1536 Sweetwater Road, suite D. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2013-17 CUP, dated 6/13/2013. 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 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 plan:IhrrlitW for construct on shall compy with the 2010 edition of the California Fire Code and the 2010 edition of NFPA. 7. If the occupancy load is 50 or greater, the requirements for panic hardware and illuminated green exits signs with emergency lights will be required. 8. An occupancy load sign shall be provided if the occupancy is 50 or greater. 9. Exit doors required for intended use of business shall be evaluated by the Building Division for adequate exiting and ADA requirements. 10. Fire extinguishers shall be placed inside the building per California Fire Code requirements. Placement shall be coordinated with the Fire Department. 11. Locking entry and exit doors shall not be used as security measures during normal business hours. 12.A 48 hour notice is required prior to any required fire inspections. Plannin i 13. 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. 14. Total gross receipts of precious metals purchased or taken for credit shall not exceed fifty percent of total retail sales of precious metals. 15.Ali 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. 16. No melting down of any precious metals may occur on site. 17.This Conditional Use Permit shah be referred to the Planning Commission for consideration of revocation upon recommendation by the Police Chief if the operator is found to be 111 violation of any state, or focal law regulating Secondhand Dealers in accordance with Section 18.12.110. Po!;ce 18.Within 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. 19.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. 20. The applicant shall provide documentation that the business has been registered as a Secondhand Dealer and at ail times, shall be operated in compliance with CaliforniaBusiness J n - � .< _ � � ' � ._ � Code ,1 � Sections _ A � _ _ _ ri ,� n ri r ri .� ri � 1 other _ _ Cali and ri uiessions LJode . ectioi is L 625-2 64 , or any other sections pertaining to Secondhand Dealers. 21. Pursuant to Financial Code Section 21208 and Business and Professions Code Section 2162R the business rapnrt daily, or the first working day;` a:`ter receipt or purchase, to the Police Chief providing a listing of defined sales and/or goods. C&LIFORNIA . _...: O►- �_e ,'J �4COS�pgATB� CITY' OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOT;CE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR THE SALE OF SECONDHAND JEWELRY, GOLD, AND/OR OTHER PRECIOUS METALS AT A RETAIL JEWELRY STORE LOCATED AT 1536 SWEETWATER ROAD. CASE FILE NO.: 2013-17 CUP APN: 563-231-16 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, August 5th, 2013, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Leo Hamel) The applicant proposes to buy, sell, and trade secondhand jewelry, gold, and/or other precious metals otherwise sold as new as part of a new jewelry 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., August 5th, 2013, who can be contacted at 619-336-4310 or planning©nationalcityca.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 de,ivered to the Planning Commission at, or prior to, the public hearing. NATIONA.'s CITY PLANNING DIVISION BRAD RAULSTON Executive Director 2013-17 CUP — Leo Hamel — Site Photos Suite exterior — looking south Suite interior— looking north