No. 4 DATE: 4/8/09 TO - City of Laguna Beach

CITY OF LAGUNA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
AGENDA ITEM:
No. 4
TO:
PLANNING COMMISSION
CASE:
Conditional Use Permit 09-06
APPLICANT:
Judy Klimek
LOCATION:
305 Forest Avenue, Suite 103
APN 64 1-266-13
ENVIRONMENTAL
STATUS:
PREPARED BY:
DATE: 4/8/09
Categorically Exempt, Class 1
Martina Speare, Planning Technician
(949) 464-6629
REQUESTED ACTION: The applicant requests approval to establish and operate a jewelry
store specializing in handcrafted, semi-precious gemstone necklaces and earrings.
BACKGROUND: The proposed site is located within the CBD-2, Downtown Commercial
Zoning District within the Downtown Specific Plan. The 1,650 square-foot suite (Suite 103) was
combined with Suite 102 in 1993, and is currently operating as an art gallery (Wentworth
Gallery). The applicant is proposing to re-divide the suites and occupy Suite 103. (Suite 102 has
no proposed use at this time.) Parking is legal non-conforming with no intensification of use
proposed.
STAFF ANALYSIS: Retail uses that contribute to the character and diversity of the downtown
are permitted with approval of a Conditional Use Permit. The applicant is proposing to sell
handcrafted, gemstone necklaces and earrings. The applicant indicates that she makes the
jewelry with hand-selected, high quality, semi-precious gemstones from Asia, South America
and North America and each necklace and earring set is one-of-a-kind and cannot be reproduced.
The applicant is proposing to display 100 necklaces with matching earrings in showcase shelves
located around the perimeter of the suite. Please see Exhibit B for the proposed floor plan.
Staff conducted a survey of the jewelry stores in the Downtown Specific Plan Area to determine
the number and location of businesses with similar merchandise and to determine the degree of
saturation in the area of the proposed use. Staff determined that there are eight jewelry stores
that carry jewelry exclusively. Staff found that seven of the jewelry stores specialize in fine
jewelry or precious stones and metals and one store specializes in American Indian jewelry.
Conditional Use Permit 09-06
April 8,2009
Page 2
Policy 7 of Topic 3 (Page 111-15) of the Downtown Specific Plan states: "Encourage businesses
.that enhance the character of Laguna Beach, offer distinctive merchandise and promote
businesses owned and operated by highly skilled artisans." The applicant is a Laguna Beach
resident and artist. Staff believes that the proposed use is distinctive in that the proposed one-ofa-kind, handcrafted, semi-precious gemstone jewelry is not currently found in the downtown.
RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional
Use Permit 09-06, subject to the conditions in the attached resolution.
ATTACHMENTS: Exhibit A: Application
Exhibit B: Floor Plan1 Location Map
Exhibit C: Survey of Existing Jewelry Stores
Resolution
CITY OF LAGUNA BEACH
See reverse side forflling instructions
City of iegirna Beacb
Plann~ngDivision
1.
CUP Number
PROPERTY OWNEIUAPPLICANT Ih'ORMATION:
Ldw KwW? EYD&
2237 qVnSt.:0 0 l ~ d
DATE:
Telephone
hgal 0msr
Address
Applicant
11.
&J]W&O
~
80302-47/0
J d y C~~MCL-
Address lo
~awmca
G)w
.~
09-L'b
Telephone
-
779 927-30~b
Beach. (4 4W5l
C ~ U W
PROPERTY IhWORMATION:
htion
% Fws+- B\ve.
Assessor Parcel N u m b
-
suite
-
1u 3
(4 3 1 2 b b 1 3
CurredPreviou Use
Parking Spaces Provided
BuildinglSuite Square Footage
JIL
PROPOSED USE:
Briefly descnk the specific uses) proposed, lnclude jnformation about proposed merchandise and services, menu items, proWse
business houn, etc.
.
Ye7
R,-sL~-
/~,VAL-
Similar Businesses Owned or Operated by the Applicant:
IV.
JUSTIF'ICATION:
I. Is this site appropriate for the proposed use in terms of size, parking, storage, trash, etc.?
5 ~ 5 -,+,~+c>&FL>
2. Does this site have adequate street access and on-site parking to handle the mfic generated by tbe proposed use?
3. b the proposed use compatl'ble with the surrounding land uses? Explaip
4.
V.
Is the proposed use consistem with the goals and policies ofthe Downtown Specific Plan and the City's General Plan? Explain.
AFFIDAVIT:
contained in this appIication is, to the bea of my howledge and belief, true an
stand Chapter 25.05.030 of the
/
PROPERTVOW~TR'SSIGNATURE
Ill. Proposed Use:
Briefly describe the specific use(s) proposed. Include information proposed
merchandise and services, menu items, propose business hours, etc.
Judy Klimek, designer and visionary for Left Turn is proposing a high-end
gemstone jewelry business for Forest Ave. Judy's designs are one-of-a-kind
necklaces and earrings, with bold imagination and extraordinary beauty. Judy is
a local artist that works out of her workshop in Laguna Beach and has a strong
passion to bring beautiful gemstone necklaces to woman of Laguna Beach and
all over the world. Artistic, earthy and original masterpieces will be displayed like
a gallery in the proposed suite. Hours of operation will be 7-days a week from 10
am to 10 pm.
Similar Business Owned or Operated by the Applicant: NONE
IV. Justification
1. Is this site appropriate for the proposed use in terms of size, parking,
storage, trash, etc?
The proposed business will be able to appropriatly display a maximum of
100 original gemstone necklaces for customers to view. Inventory will be
swapped out often to keep things fresh, clean and minimal. Parking is
metered in the downtown area. Foot traffic will be the main source of
customers and very minimal trash will be disposed of. Storage space has
already been allocated within the unit's square footage for necklaces and
packaging materials.
2. Does the site have adequate street access and on-site parking to handle
the trafFic generated by the proposed use?
The proposed suite is located on the main street with two front doors
perfect for attracting new comers and locals walking by. No additional
parking is needed for the proposed business. Metered parking already in
place.
3. Is the proposed use compatible with the surrounding land uses? Explain.
Yes, Left Turn Jewelry is completely compatible with surrounding land
uses and businesses. No extra parking will be proposed and trash is kept
to minimal use. The proposed retail location is non-competitive to
surrounding jewelry businesses but complimentary to Laguna Beach with
its vision of artistic expression and one-of-a-kind creations in an art gallery
format.
4
Is the proposed use cons~stentwith the goals and policies of the
Downtown Specific Plan and the City's General Plan? Explain. Gity sr 12~2iGz SE-2::
?!anpiri~'..r:c
The foundation behind Left Turn's retall location is an artistic expression
via gemstone necklaces and earrings from a local resident and designer,
Judy Klimek. Left Turn will be a great addition to the community of artists
to further its foundation of high standard art and beauty.
Judy Klimek, designer and visionary of Left Turn Jewelry, has created
an art form of her high-end gemstone necklaces and earring designs.
Her artistic expression reveals her attraction to gorgeous gemstones,
beautiful colors, grand style and exotic silver. Judy's designs are oneof-a-kind necklaces and earrings, with bold imagination and extraordinary beauty. Judy has a strong passion to bring beautiful hand crafted
gemstone necklaces to women all over the world.
ONE-OF-A-KIND CREATIONS
Left Turn necklaces are one-of-a-kindthat have been hand assembled
by Judy. Because each necklace is an original art piece, no two necklaces are alike. Once a design is sold, it's unfortunately gone.
FASHION FORWARD STYLE 81 DESIGN
Left Turn takes an already fashionable gem and turns it into a big and
bold art piece. So it is no surprise that our Left Turn customers tell us
how sexy, powerful and confident they feel every time they slip on one
of our necklaces. Left Turn necklaces are light, elegant, stylish and
easy to wear.
Stand out and yet noticed with an original Left Turn necklace.
DRAGON
Large Turquoise Gemstones & Large Thai Silver Beads
PRICE: $1,280.00
FOR MORE INFO PLEASE CONTACT US AT TOLL FREE: 1- 866-954-LEm(5338) OR VISIT OUR WEBSlTE FOR MORE ONE-OF-A-KIND GEMSTONE NECKLACES
www.leftturnjewelry.com
Q
Len Turn Price May Be Subject To Change. 03/23/09
GLAM ROCK
Hand Cut Black Tourmaline, Rainbow Obsidian & Bali Silver Beads
PRICE: $2,880.00
FOR MORE INFO P L W E CONTACT US AT TOLL FREE: 1- 866-954-LEFT(S33B)
OR VISIT OUR WEBSITE FOR MORE ONE-OF-A-KIND GEMSTONE NECKLACES
www.lefttumjewelry.corn
Q Left Turn Price May Be Subject To Change. 03R3X)9
CORONA
Amethyst, Turkish Silver & Thai Silver Beads
PRICE: $675.00
FOR MORE INFO PLEASE CONTACT US AT TOLL FREE:1-866-954-LEFT(5338)
OR VISIT OUR WEBSITE FOR MORE ONE-OF-A-KIND GEMSTONE NECKLACES
www.leftturnjewelry.com
O Len Turn Price May Be Subject To Change. 03/23/09
ELM
Green Tourmaline, Hand Hammered Crystal Quartz, Vermeil & Green
Tourmaline Crystals in Quarfi Pendant
PRICE: $4,850.00
FOR MORE INFO PLEASE CONTACT US AT TOLL FREE: 1- 866-954-LEFT(S338) OR VISIT OUR WEBSITE FOR MORE ONE-OF-A-KIND GEMSTONE NECKLACES
www.Iefttumjewelry.com
O Len Turn Price May Be Subject To Change. 03/23/09
EGYPTIAN BLUE
Keshi Freshwater Pearls, Turquoise, Lapis Lazuli & Bali Silver
PFUCE: $1,820.00
FOR MORE INFO PLEASE COWACT US AT TOLL FREE: 1- 866-954-LEFr(5338)OR VISIT OUR WEBSITE FOR MORE OM-OF-A-KINDGEMSTONE NECKLACES
www.leftturnjewelry.com
@ Lefl Turn Price May Be Subject To Change. 03/23/09
Left Turn Designs - About Judy Klimek
Page 1 of 1
LT&
Log In [ Shopping Bag
HOVE
VIEw NECKLACE COLLECTION
AaOllT GEMS1GNES
ABOlIT LEFT T:JRN
AfvlBASSADOR
CllSTOMER SERVICE SEkRCbi
JUDY KLIMEK
"I HAVE ALWAYS LOVED GEMSTONES"
As Lead Deslgner anc: vlslsna:), for Left Turrl. .Judy Klirnek is resporis~bieloi all
desigr;, produdlon, ano aual!:y cc;'itroi :tinc!ior~s On aiiy giver: day, o d %*!I!
And Judy iror=mg In he; Laguna Beach ucrkshop s~m~~ltaneously
on 12 -2C
d18e:enl ne&iaces scrnet!rnes revJorklng a s11;yie piece 40 t i r x s onill !: :eeis
!i!st r~)h:
J d y also oversees the purc!iasfng of gelnsronas Meet~i'lgw~rtia networn cf
dealers anrl bhyers lo fino :he unloue ger'istones that );a-e soco:ne tlle
s~gnatdreof Lefi Turt! In fac!. Judy5 huyers iravei lo P.sia and Soutn A!rierlca
f ~ v sttriies a year f n d ~ n gthe q ~ ~ a l lgemstones
ly
trla! make Le!! Turn necklaces
extraordtnsry
She bi~rigs25 years of gemslone necklace desigri arid GIA :rairilrxgtc Lefi
Turn Ir: !lor previous uork ilie. .ludy kas L.o,lt a !.~g!!lf successfiii :riuili-rn~l!t~r~
dollar electronics coniponent b:~s~nsssinana(jnci !lortarecis of O~O:!IC serv,=!n;
customers all over :he wo-~d.
.Judy has a strong cornrnitmen! and passlon to b i ~ n gbeaut@irlgernsione
necklaces to d~scerningcuslomers who want sonisthing dtferent, somethin;;
ilnlque end sornethlng !nlerestmg After !raveling !he world Judy could nc: fir10
Lef: Tdrn aual~tynecklaces anyhere: so sna decldsd to bulid Iharii herself
True io her company name. Judy hes dec~deoto rake a Left Turn If yxr asp
her customers e s the best move she has eve: ??ads
Dewgnaf Judv m
k desgns o e w W oned-a kmd nedilaceslor
women who knovwherethey are gang
evendd'soflthetmteupafh
To contact Judy
[email protected]
HOME
VIEW NECKLACE COLLECTION ABOUT GEMSTONES ABOUT LEFT TURN AMBASSADOR CUSTOMER SERVICE
PRIVACY POLICY TOLL FREE 1-866-954-LEFT (5338) G LEFT TURN DESIGNS, ZOO8
Left Turn Designs - About Gemstones
Page 1 of 1
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HOME
VIEM'NECKLACE COLLECTION
ABOLIT GEMSTONES
ABOUT LEFT TVRN
AIdBASSADOF:
CUSTOMER SERVICE SEARCH
7
-
t 00
ABOUT GEMSTONES
's (?EMSTONE GI.oSSARY
GUIDE TO BUYING GEMSTONES WITH
TOTAL CONFIDENCE
GEMSTONE VALUE GUIDELINES
There are vsrlous g u ~ d e l ~ mfor
s decldlno on
buvrng gemstones Ftrst hold 11 In vour nanos
1s 11 111ce
lo In? touct?
Prlclng for dfferenl gen vartetles are
affected by fanors Itke rarlty durablllty
and populartty
Second you should ltke the slone If you are
mesmerized by 11scolor rf you just cannot
separate from 11 h e n you know 11 s the rlght
s l o m for vou
GEMSTONE I'ARIETIES
CARING FORYOUR GEMSTONES
Carlrg for your gemstones and genlstone
jewelry 1s often slmpie common sense Tak~ng
a l~ttle
ttme lo treat vour stones properly can
lead to years of satlsfactton and delight Some
stones tend to fade and are best stored oul oi
dlrec: sunl~ghlwher you're not weartng them
MAINTAIN THEIR BEAUTY BY CLEANING
YOUR GEMS
Gemstones fall Into a few important varletles.
Prezious stones
Semiprecious stones
GEMSTONE TREAThfENTS AND
COLDRING
In some cases, the color of gemstones e also
artrficially enhanced (Heated gem) to inwease
me value of the stone Sta~n~ng
heal treatment
an0 Inad.at~onare use0 among the treatments
Agate may be stained a variety of colors: red.
lemon yellv.~, green, blue. and brown. Jasper
stained blue to simulate Lapis Lazuli. and
turquoise 1s stalned to unltate opal Heat
treatment of oems to lmrwove or chanae color
has been
for [entunes \*';I heated
smoky quartz resembles cltrlne or topaz some
brownish or reddlsh zlrcon becomes bnght blue
or colorless, yellow topaz becomes pink.
slightly colored chalcedony b e m e s carnelian
red, and s m e rubies or amelhysts are more
evenly colored. Irradiation of certain gemstones
also causes color changes
Some colorless diamonds become green. rose
quartz becomes brown. and deolorized
amethyst regains its purple hue.
GEMSTONE PRICING
Gems will collect dust k h i n d the gem. The
best wav to clean vour Lef: Turn ~ w e l n IS
, to
wet a sdfl hand t&ei ( h a mild (bhosphale-hsej
warm soapy water solutmn Wring out all of the
SoIUlio~!and wipe the pieces clean. Let them air
dry for a mtnimum of 2 hours. Use the enclosed
pol~shingclolh lo b d t o the final finish.
For every gemstone variety, color IS t h ~
most lmportanl value factor
Gemstone value is dnven hy clarity Weedom from the tiny internal
characlerlstics known as lnclus~ons
Gemstones are sold by weight, not by
size The measurement used is the carat.
whlch IS one-fifth of a gram
Gemstoms under Ihe skilled had of a
cutler. will unleash inner brilliance and
beauty
W O R T A M NOTE
Be aware that hairspray and perfume ccnlaln
mild acids ma1 can prmsnenlly harm pearls
and certain gemstones. Alwavs put yourjewelv
on last. To reduce damaoe. store ,lewetrv, in
jewelry box pmvlded
WEARING GEMS DURING
A well-placsd blow could damage the beauty of
stone, so it IS safest to stwe them while
sngagfng in any activity where they mignl be
subjected to Ihgh impact.
STORING GEMSTONES
Store jewelry with gemstones separate from
each olher. Some gems are harder than others
such as diamonds, and a hard sione can
scraic!?a softer stone.
Pricing of gemstones varies dzpending on
rareness. geography and mining techniques.
Pricing also IS imluenced by Leauly and
durabilily
HOME
VIEW NECKLACE COLLECTION
PRIVACY POLICY
ABOUT GEMSTONES
ABOUT LEFT TURN
TOLL FREE 1-866-954-LEFT (5338)
AMBASSADOR
Q LEFT TURN DESIGNS, 2M)B
CUSTOMER SERVICE
Left Turn Designs - About L,eft Turn
Page 1 of 1
Log In I Shopping Bag
dOME
VIEW NECKLiCE COLLECTiOPi
>SOU7 ^sEt.<S:CPIES
Ae3ST LEFTTURN
iMSASSAC.Oii
CilSiOF.4ER SERVICE S%RC::
ABOUT LEFT TURN
'. &BOLT
JLDY K L I X ~ E E ~
: .A51BASS.ADOR PROtiK.4bI
;. IJRIVAC1
PO1,ICl
STATEMENT JEWELRY FOR WOMEN
WHO KNOW WHERE THEY ARE GOING
>-ew and nave Be :.?::Mencr
Tne story of LeRTum staned on Juay K11meL.s
tragels of over TO counmes aroilnd the world
She me1 people, embraced their cultures and
shared the~rariisQcexpressloll She began ro
nohce her fasclnahon %Mm!ewelry,espenally
mose that bared eorgeous gemstones, exotbc
silver, and beautiful colors In her own words.
"I have abuays loved gemstones Wnen yori gel
to work with hlgh quality pleces as I do, its
easy to fall In love w ~ t nthese beautiful colors
and textures I can't look at a gemstone w~tinou!
my ~niaglnat~on
taklng over
I start seelng varmbons and palrings nim other
penistones rlght away. Before you know i: I'm
slrinplng logelher a necklace '
D!er 25 years later Judy 15 st~lllhnenlng to her
call~ngof deslgnlng ong~nalnecklaes Into an
an form. Her jewelry is a way tor woman to
exoress their inner baldness wnhdencs and
cnc sense of nyle From the most 3ll..rtng lo
me most maglcol gemstones eacr p,ece
wssesses 11sown ston, created from ~ ds .
heart
GEMSTONES FROM AROUND THE WORLD
- iudy Kllmek
Every Left Turn gsrnstone IS hand selected by
Judy for quality Our supptlers find the most
quality gemstones from Asia. South
Amerle Now) Amenca, and other palls of the
'mrld to detlver one-of-a-kind stones, Most
stones caMot be reor&red or replaced,
because they are truly one of a klnd Most
c m d e have never seen Judv's wonderhA
comblnabons of stones like Uwse found I" tier
LzR Turn colledlons
unique,
LAYERING FOR A RICHER LOOK
StorPmene can o m e In wrlre or .n granoe-1
s l e s 41 -en Tom we pnjs ourselder In
del~vennga look of r~chnesswhelhe, mat
comes m one strand of boldness or five
strands of lnaesient DeaJy These newaces
are flenD letegenl ana oearnd-l Iha!can oe
wwn separately. in a patr. or layered beyond
prfectlon
ONEOF-A-KIND CRWTIONS
LOOK FABULOUS AND PEEL GREAT
Beauhflll and wlortul gemstones nave rulea Ine
runwa?s of famlon lor cenlunes From Vleir
w
n healina w e n Lo its exDression of
a w e n t CI~IIU.&K~S e m o m ~ c astetare.
i
gemstones remaln to be e fasnion statement no
woman can resist
LeR Turn designs take an already fash~onable
awn and turns into a boa and bold an clece. So
'tsno sumrlse that our i e Turn
~ customers tell
us now sexy p w r h r l and conhaem they iel
evefy bme may slip one of ocr necrleces on
Lefl Turn necklaces are light elegan: and
beautiful. They are just waiting tobe your
statement piece to open the d w r for
compliments.
Look fabulous and feel ereat wtth a Left Tum
necklace
A NEW APPROACH TO DESIGNING
JEWELRY
Irs all about me statement Our gemstone
poxes are tor the VJOnlen v.ho have a Pofn: of
v~ewand have the confidence 13 express I:
Forge: eve7 rule Youve ever l e a r n d and let
that Inner dlva shlne boldly and beautifully
I've 'ouna In my llteume of Vavel, great pleces
arenY golng lo be arouno h r e r If you
hesitate. you may mlss out. 'when I w e a
W l a c e I want and can aflord. I usually buy it
wmout a second h u g h l
Thz same rule eppl~esto Leh Turn Remember.
mese neorlaces are onwl-a-hand clntlke other
d.2slaners. Len Turn doesn't have an Inventory
o r e i&neof producrs that ers sold over and over
agsln. Ws a n y duplicate a design, and M i e n
irs gone. Ws unfortunatety gone
BECOME A LEFT TURN AMBASSADOR
Everv DersonWtlo ( ~ 1 sa Len Tum necklace
want& anuner maanother. Tne g o w n e w 8s
mat all your blends fam~lyand associates tend
m want them as well. Every customer is
automaiicallv entered inlo the LeR Turn
Ambassador Propram and recelves a polnt 11
wsd~tb r every dollar spent In sther words, a
53,000 necklacs gets you 3.OW polnts or $300
n credn touards "our next ~urchaseYou can
als3 earn polnh for every person you refer to
~~nTurn m o buys a necklace P o n s add up
y~ are ell on you- way to getttng
$st
semnd tnlrd or fourth ne*lace ~nno ume
;;~ll-i~;e;{m~re
&boutthe
T~~~
smbassador pogram.
dl:k nere
.,,,,
Lsfl Turn is aboul emlorina new temtorv
having fun. and looking ariat. Ifs abouitaklng
me unpaved road and maklllg a Lefl Turn
HOME
VlEW NECKLACE COLLECTION
PRIVACY POLICY
ABOUT GEMSTONES ABOUT LEFT N R N AMBASSADOR CUSTOMER SERVICE
LEFT N R N DESIGNS, 2008
TOLL FREE 1.866-954-LEFT (5338) I
10 e r p r r l i n -
rC
i E
505 FOKEST AVE
L A ~ U N APEACH, ck
STOKE FRONT
rp,eroSk
c/Qconcept,s
Tustin, C A 92781
(714) 381-681 1
Existing Jewelry Store Survey
Store
Kokopelli Gallery
Ken's Jewelry Store
Baca
John's Jewelry and Gems
Rock Martin
Fredric H. Rubel
Jacobus Goldsmith
Monamie Jewelry and Gifts
Address
332 Forest Ave. #2
326 Forest Ave.
305 Forest Ave. #1
305 Forest Ave. #4
268 Forest Ave.
246 Forest Ave.
278 South Coast Hwy.
490 South Coast Hwy.
Merchandise
American Indian
Fine Jewelry
Fine Jewelry and Art Glass
Fine Jewelry
Fine Jewelry
Fine Jewelry
Fine Jewelry
Fine Jewelry
RECORDING REQUESTED BY
CITY OF LAGUNA BEACH
AND WHEN RECOKDED MAIL TO:
CITY CLERK
CITY OF LAGUNA BEACH
505 FOREST AVENUE
LAGUNA BEACH, CA 9265 1
I
(Fee Exempt per Govt. Code 6 103)
THIS SPACE RESERVED FOR RECORDING
RESOLUTION NO. 09-06
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF LAGUNA BEACH
APPROVING CONDITIONAL USE PERMIT
AT 305 Forest Avenue, Suite 103
WHEREAS. an application has been filed by the prospective tenant of property located at
305 Forest Avenue, Suite 103 requesting a Conditional Use Permit in accordance with the
provisions of Municipal Code Section 25.05.030 to establish a jewelry store specializing in
handcrafted, semi-precious gemstone necklaces and earrings by Judy Klimek, a local artist; and
WHEREAS, the owner of the subject property has authorized in writing the submittal of the
application for a Conditional Use Permit; and
WHEREAS, the Planning Commission of the City of Laguna Beach, acting in accordance
with the provisions of Municipal Code Section 25.05.030, conducted a legally noticed public
hearing regarding this proposal on April 8,2009; and
WHEREAS, the Planning Commission carefully considered the oral and documentary
evidence and arguments presented at the hearing; and
WHEREAS, the proposed project is exempt from the provisions of the California
Environmental Quality Act in accordance with Class 1, Existing Facilities; and
WHEREAS, the Planning Commission has made the following findings:
1. The site is adequate to accommodate the use without adverse impact on abutting property or on
.
6:j
Conditional Use Permit 09-06
April 8,2009
Page 2
parking or traffic circulation in the downtown area in that the parking is legal, non-conforming with
no intensification of use proposed.
2. The proposed use will maintain a balanced mix of uses that serves the needs of both local and
non-local populations in that the use offers distinctive merchandise to both residents and visitors.
3. The granting of the Conditional Use Permit will not produce an incremental effect of similar
uses that would be detrimental to the City in that the handcrafted, semi-precious gemstone jewelry
is unique in the downtown and contributes to the diversity of uses in the central business area.
4. The proposed use is consistent with the intent and purpose of the CBD-2 Downtown
Commercial Zoning District, in which it is located, and the goals and policies of the Downtown
Specific Plan and the City's General Plan in that the proposed use will enhance the character of the
Downtown and does not contribute to the incremental effect of similar uses in the Downtown.
5. The Conditions stated in the decision are necessary to protect the public health, safety and
general welfare to assure continued land-use compatibility.
6. The business will not primarily engage in the retail sale of bathing suits or T-shirts.
NOW, THEREFORE, BE IT RESOLVED that Conditional Use Permit 09-06 is hereby
granted to the following extent:
Approval to establish a jewelry store specializing in handcrafted, semi-precious gemstone
necklaces and earrings by Judy Klimek, a local artist.
BE IT FURTHER RESOLVED, that the following condition(s) are set forth to protect the
health, safety and welfare of the community and to assure the intent and purpose of the regulations:
1. The Conditional Use Permit shall be subject to review if written complaints are received, and
Conditional Use Permit 09-06
April 8,2009
Page 3
shall be subject to administrative review one (1) year after issuance of the certificate of use to
determine if the approved conditions of approval are in compliance. These reviews may result in a
formal noticed public hearing before the Planning Commission. After the public hearing on the
matter, the Planning Commission may require immediate condition compliance, amend the
conditions of approval or proceed with revocation of the Conditional Use Permit as specified in
Municipal Code Section 25.05.075.
2. It is understood that the conditions of approval apply herein to any future owners or lessees
operating under this Conditional Use Permit. This means in legal terms that the conditions of
approval for the Conditional Use Permit shall be and hereby are obligations of and binding upon the
applicant and hislher heirs, successors, assigns, agents and representatives. The conditions shall
constitute a covenant running with and binding the land in accordance with the provisions of
California Civil Code Section 1468. Failure to comply with such conditions, and each of them, and
any other related federal, state and local regulations may be grounds for revocation of the
Conditional Use Permit, in addition to other remedies that may be available to the City.
3. Applicable Certificate of Use andlor Certificate of Occupancy shall not be issued until City staff
has verified compliance with all conditions of approval.
4. This Conditional Use Permit shall not become effective until any required Design Review
approval has been obtained.
5. This Conditional Use Permit shall not become effective until the owner of the subject property
has signed an affidavit in the form attached to this Resolution, whereby the property owner
acknowledges and consents to the imposition of the conditions set forth in this Resolution, and
Conditional Use Permit 09-06
April 8,2009
Page 4
agrees that such conditions shall constitute restrictions running with the land and shall be binding
upon the property owner and their heirs, successors and assigns. If the applicant is different than the
owner of the subject property, then this Conditional Use Permit shall also not become effective until
the applicant has signed an affidavit in the form attached to this Resolution, whereby the applicant
acknowledges and consents to the imposition of the conditions set forth in this Resolution, and
agrees that such conditions shall be binding upon the applicant and their heirs, successors and
assigns.
6. This Conditional Use Permit shall lapse and automatically become void two years following the
effective date unless: a) the privileges authorized are established; or b) a building permit is issued
and construction is begun and diligently pursued to completion; or c) an extension of time is granted
pursuant to Municipal Code Section 25.05.030 (I).
7. If the use authorized under this Resolution and Conditional Use Permit is abandoned or
terminated for any reason for a period of at least one year, the Conditional Use Permit shall
automatically expire and become void.
8. In the absence of specific provisions or conditions herein to the contrary, the application and all
plans or exhibits attached to the application are relied upon, incorporated and made a part of this
resolution. It is required that such plans or exhibits be complied with and implemented in a
consistent manner with the approved use and other conditions of approval. Such plans and exhibits
for which this Conditional Use Permit has been granted shall not be changed or amended except
pursuant to a subsequent Conditional Use Permit or Variance as might otherwise be required or
granted pursuant to the terms of Title 25 of the City of Laguna Beach Municipal Code.
Conditional Use Permit 09-06
April 8,2009
Page 5
9. No additions or enlargements of structures upon property for which this Conditional Use Permit
has been granted shall be allowed except pursuant to a subsequent Conditional Use Permit or
Variance as might otherwise be required or granted pursuant to the terms of Title 25 of the City of
Laguna Beach Municipal Code.
10. The sale of tee-shirts, bathing suits, and ivory of any kind shall be prohibited.
11. The use of expanded polystyrene (Styrofoam) food containers is prohibited.
12. Outdoor display or outside seating of any kind shall be prohibited, unless approved as an
amendment to this Conditional Use Permit. Application for such an amendment may only be
accepted for processing, if outdoor display andlor outside seating are permitted use(s) in the
applicable zoning district.
13. A City business license shall be obtained prior to the operation of any business use permitted by
this Conditional Use Permit.
14. No proposed change or modification to the specifically permitted use of a jewelry store
specializing in handcrafted, semi-precious gemstone necklaces and earrings by Judy Klimek shall
be allowed except pursuant to a subsequent or amended Conditional Use Permit granted pursuant to
the terms of Title 25 of the City of Laguna Beach Municipal Code.
15. The applicant shall not allow, act, cause or permit any lessee, agent, employee, exhibitor or
concessionaire any "prohibited discharge" (as defined in Municipal Code Section 16.01.020) into
the City's storm water drainage system.
16. The applicant (and the applicant's successors or assigns) shall defend, indemnify and hold
harmless the City and its officers, employees and agents from any claim, action, proceeding,
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April 8,2009
Page 6
demand, damage, loss or liability arising out of or resulting from (a) the approval of this
Conditional Use Permit and (b) the use and occupancy of the subject property in accordance with
the project approval.
17. The required parking shall be available free of charge to the tenants and customers of the
proposed business during the approved hours of operation.
18. The hours of operation shall be limited to 10:OO a.m. to 10:OO p.m. daily.
19. Merchandise shall be handcrafted by Judy Klimek, and made with one of a kind, semi-precious
gemstones.
20. Displayed merchandise shall be limited to a maximum of one hundred sets of necklaces and
matchmg earrings.
NOW THEREFORE BE IT RESOLVED that the above decision was rendered on April 8,
2009.
ADOPTED this 8th day of April, 2009.
AYES:
Commissioner(s)
NOES:
Comrnissioner(s)
ABSENT:
Commissioner(s)
ATTEST:
Norm Grossman, Chairperson
Planning Commission
City of Laguna Beach, California
John Montgomery, Director
Community Development
City of Laguna Beach, California