Chapter 17.250 — SECONDHAND MERCHANDISE STORES AND PAWN SHOPS

The purpose of this chapter is to regulate the location and operation of businesses engaging in the purchase of secondhand merchandise or taking secondhand merchandise in for pawn in the city of El Cajon in order to maintain the city's character, the diversity and vitality of the community's commercial areas, and the quality of life of El Cajon residents. It is presumed that establishing or preserving an appropriate and balanced mix of commercial businesses will more effectively serve to achieve this purpose as a strategy to maintain the economic health of the community's business districts, and will promote the redevelopment of the city. The intent is to avoid overconcentration and apply performance standards to limit the impacts of these uses on surrounding areas. (Ord. 5015 § 9, 2014)

The provisions of this chapter shall apply to all pawn shops, secondhand merchandise stores or kiosks as defined in Section 17.105.020 . This chapter does not apply to businesses who allow for the trade in of these items for the purchase of similar items as an accessory use. Thrift or resale stores are exempted.

(Ord. 5033 § 51, 2015)

All pawn shops, secondhand merchandise stores or kiosks, to which this chapter is applicable shall obtain a conditional use permit pursuant to Chapter 17.50 of this title and satisfy all pertinent requirements, performance standards, and conditions. In addition, all pawn shops, secondhand merchandise stores or kiosks are subject to approval of a special operation license as provided in Chapter 5.16 and to the provisions of Chapter 5.48 . (Ord. 5015 § 9, 2014)

Existing businesses operating lawfully prior to the establishment of this ordinance shall be deemed nonconforming uses and may continue to operate subject to the provisions of Chapter 17.120 of this title.

(Ord. 5015 § 9, 2014)

• A. No pawn shop, secondhand merchandise store or kiosk shall be located within 2,000 feet of another pawn shop or secondhand merchandise store or kiosk.

• B. No pawn shop, secondhand merchandise store or kiosk shall be located within 500 feet of any residentially zoned property, school, college, university, religious facility, park or playground.

• C. No pawn shop, secondhand merchandise store or kiosk shall be located within, or within 500 feet of the boundaries of Specific Plan No. 182.

• D. No pawn shop, secondhand merchandise store or kiosk shall be located within the boundaries of Specific Plan No. 462.

• E. Pawn shops, secondhand merchandise stores or kiosks located in shopping malls on sites of 15 acres or more in size are exempt from the location requirements.

• F. For purposes of this section, distances shall be measured between the closest property lines of the affected locations.

(Ord. 5015 § 9, 2014)

• A. All pawn shops, secondhand merchandise stores and kiosks shall be designed, constructed, and operated to conform to all of the following performance standards:

  1. Windows shall remain transparent/not obstructed during hours of operation except for window signs as allowed in Section 17.190.140 ;

  2. Exterior areas of the premises and adjacent parking lots shall be provided with sufficient lighting in a manner that provides adequate illumination while not spilling onto surrounding residential and commercial properties;

  3. At least two high definition 24-hour time lapse security cameras and recording devices may be required to be installed and properly maintained on the exterior of the building at locations recommended by the police department capable of color recording and storing a minimum of 30 days of continuous video. All criminal and suspicious activities recorded on this surveillance equipment must be reported to local law enforcement. To the extent allowed by law, the establishment operators may be required to provide any tapes or other recording media from the security cameras to the police department; and

  4. That it complies with all provisions of local, state or federal laws, regulations or orders, as well as any condition imposed on any permits issued pursuant to applicable laws, regulations or orders. This includes compliance with annual city business license fees and special operation license operating standards.

• (Ord. 5015 § 9, 2014)

In addition to the findings listed in Section 17.50.060 , the planning commission shall approve the issuance of a conditional use permit to allow for a pawn shop, secondhand merchandise store or kiosk upon making the following findings:

• A. The proposed establishment meets the locational requirements of this chapter and will not result in an overconcentration of pawn shops, secondhand merchandise stores or kiosks in any commercial corridor.

• B. The proposed establishment is not located in what has been determined to be a high-crime area or where a disproportionate number of police service calls occur.

• C. The proposed establishment will comply with the applicable performance standards. (Ord. 5015 § 9, 2014)

If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted the ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases may be declared invalid. (Ord. 5015 § 9, 2014)