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HomeMy WebLinkAbout05 USE DETERMINATION 2013-01 & CUP 2013-17 DECEMBER 10, 2013of O OF AGENDA REPORT MEETING DATE: DECEMBER 10, 2013 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT ITEM # 5 SUBJECT: USE DETERMINATION 2013 -01 & CONDITIONAL USE PERMIT 2013 -17 APPLICANT: MARK SCHECHTER IDEAL LUXURY, LLC 17772 E. 17TH STREET, SUITE 110 TUSTIN, CA 92780 PROPERTY OWNER: GRE TUSTIN FINANCIAL PLAZA, LLC 4440 VON KARMAN AVE., SUITE 350 NEWPORT BEACH, CA 92660 LOCATION: 17772 E. 17TH STREET, SUITE 110 REQUEST: A REQUEST TO OPERATE A PAWNBROKER OFFICE WITHIN AN EXISTING OFFICE SUITE. ENVIRONMENTAL: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301 (CLASS 1) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). PC Report December 10, 2013 UD 2013 -01 & CUP 2013 -17 Page 2 RECOMMENDATION: That the Planning Commission: 1. Adopt Resolution No. 4240, approving Use Determination 2013 -01 to allow pawnbroker offices as a conditionally permitted use within the Planned Community Business Park (PC BUS PARK) zoning district. 2. Adopt Resolution No. 4241, approving Conditional Use Permit 2013 -17 to operate a pawnbroker office located within an existing 898 square foot office suite at 17772 E. 17th Street, Suite 110. APPROVAL AUTHORITY: Allowable uses within the Planned Community Business Park zoning district located at 17772 E. 171h Street are those contained within the Professional (Pr) zoning district of the Tustin City Code. Sections 9231a and 9231c of the Tustin City Code give the Planning Commission the authority to determine if unlisted uses are consistent with other uses permitted in the Professional (Pr) District. Section 9291 of the Tustin City Code gives the Planning Commission the authority to evaluate and grant requests for Conditional Use Permits. BACKGROUND: The Tustin Financial Plaza is a business park consisting of five buildings on an area comprising 9.62 acres. The project site is located on the southeast corner of 17th Street and Prospect Avenue within the Planned Community Business Park (PC BUS PARK) zoning district and classified as Planned Community Commercial /Business by the General Plan Land Use Designation (Attachment A — Location Map). Surrounding uses include similar office uses located to the north across 17th Street and within the Professional Office (Pr) and Planned Community Professional Office (PC Pr) zoning districts. Commercial uses within the Planned Community Commercial (PC COMM) zoning district are located to the west of the project site across Prospect Avenue. To the south and east of the Tustin Financial Center are single family residential uses located in an unincorporated area under the jurisdiction of the County of Orange. Pawnbroker Permit In accordance with Section 3511 of the Tustin City Code, no person shall engage in the business of pawnbroker without a valid pawnbroker permit issued by the Director. The applicant is concurrently processing a pawnbroker permit through the City's Business License Division. Pursuant to Section 3512, no person shall be eligible to receive a pawnbroker permit until such person has obtained a valid conditional use permit for such use. As such the applicant has submitted an application for Conditional Use Permit 2013 -17 in conjunction with Use Determination 2013 -01. PC Report December 10, 2013 UD 2013 -01 & CUP 2013 -17 Page 3 Figure 1 USE DETERMINATION A Use Determination is necessary to decide if the proposed use would be permitted, conditionally permitted or prohibited in the Planned Community Business Park zoning district. When determining whether a use is similar in character to the particular uses allowed in the district, the Planning Commission should consider the following criteria outlined in Section 9298b of the Tustin City Code: 1) Effect upon the public health, safety and general welfare of the neighborhood involved and the City at large. 2) Effect upon traffic conditions. 3) Effect upon the orderly development of the area in question and the City at large, in regard to the general planning of the whole community. Pawning activities are not a listed use within the Planned Community Business Park zoning district. The primary use of the proposed business would be the secondhand sales of luxury jewelry items and the business would act as a private estate liquidator. The business would act most similar to an office with no product displays and consultations conducted by appointment. As such, the applicant has filed a Use Determination application for a pawnbroker office and not for a retail establishment. PC Report December 10, 2013 UD 2013 -01 & CUP 2013 -17 Page 4 An approval of Use Determination 2013 -01 can be supported by the following findings: 1) The proposed business would operate most similar to an office and not display products or promote retail foot traffic. 2) The proposed hours of operation would commensurate with traditional office use hours of operation. 3) Client consultations would be arranged by appointment only. 4) The proposed use would be considered on a case -by -case basis and subject to the conditional use permit process and public noticing requirements. Projects would be conditioned to ensure that there would be no adverse impacts on the existing neighborhoods. CONDITIONAL USE PERMIT Ideal Luxury, LLC recently opened for business in November of this year at the subject location as a secondhand dealer of luxury jewelry items. Prior to operation at the subject location, the applicant has operated a luxury pawnshop in Costa Mesa for the past five years. The general operations of the business are most similar to the office uses within the financial plaza than a retail operation. Furthermore, the tenant space is only 898 square feet in size which would not lend itself well to traditional retail services. Signage at the building is very limited and only available to major building tenants. The applicant notes that the business operates as an estate liquidator with client meetings scheduled by appointment only. The business also operates via the internet at the website http: / /idealluxury.com and does not have any walk -in foot traffic. No product displays would be promoted at the business and it would appear as a traditional office. In addition to acquisitions from private estates, the business also buys luxury items from wholesale dealers. The pawn activities would consist of making "high value" collateral loans to clients on occasion according to the applicant. Hours of Operation According to the applicant, the business does not hold regular business hours as all consultations are by appointment. The proposed business would be available to clients to schedule appointments between the hours of 9:00 a.m. to 7:00 p.m. daily. These hours are consistent with the hours of the existing offices uses within the Tustin Financial Plaza. Parking Office and retail uses require the same number of parking stalls per the Tustin City Code. Due to the limited number of clientele and appointments, the use operates more along the lines of an office than a retail establishment. As the parking requirement is PC Report December 10, 2013 UD 2013 -01 & CUP 2013 -17 Page 5 the same for both uses, there are no parking impacts anticipated to result from the proposed business. Police Department The City of Tustin Police Department has reviewed this application and has no concerns regarding the proposed use. A background check has been completed for the purposes of issuing the Pawnbroker Permit through the City's Business License Department. The Pawnbroker Permit is approved pending the approval of a Conditional Use Permit. FINDINGS: In determining whether to approve the Conditional Use Permit for the proposed pawnbroker office, the Planning Commission must determine whether or not the proposed pawning activities will be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin. A decision to approve this request may be supported by the following findings: 1. The proposed pawnbroker office business is consistent with Section 3511 et seq. of the Tustin City Code which regulates pawnbroker businesses. 2. The proposed pawnbroker office business will be operated in conjunction with a luxury jewelry business specializing in estate liquidation. 3. As conditioned, the pawning activity is limited to luxury jewelry items typically sold at the business. 4. The proposed hours of operation are consistent with the hours of operation of the existing office uses within the Tustin Financial Plaza. All client consultations will be by appointment. 5. The proposed pawnbroker office business is surrounded by other office uses and is not oriented toward any residential or sensitive uses. 6. As conditioned, no product displays of items for sale would be allowed on the premises and the business would operate as an office. 7. As conditioned, no pawnbroker business signage is allowed to be installed or displayed. 8. As conditioned, Conditional Use Permit 2013 -17 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with Conditional Use Permit 2013 -17 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the PC Report December 10, 2013 UD 2013 -01 & CUP 2013 -17 Page 6 Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the Conditional Use Permit. In addition, all pawnbroker permits are non- transferable. The implementation /application of the proposed conditions would ensure compatibility of the proposed pawnbroker office use with the surrounding uses and the Tustin City Code. Ryan wiontek Elizabeth A. Binsack Senior Planner Community Development Director Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans D. Resolution No. 4240 E. Resolution No. 4241 ATTACHMENT A LOCATION MAP O Q LOCATION MAP 17772 SEVENTEENTH ST. USE DETERMINATION 2013 -01 & CONDITIONAL USE PERMIT 2013 -17 EIMETREE WY. 1 I SHAUE. UI< _ J .PLENA, .J`.IA VISIA I `-THMItY UN1tW PHESBYTERW4 \\ \CHURCH 1 - -- ♦ 17th S REEF L 1 � T I CtH � .iEltE j rnaaN::IAi 5 i ^'� LN m _ AHe'J:A A v/r ;1 .. FIEStA _19'Y I— AV I I FIESTAW I F- I ATTACHMENT B LAND USE FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): USE DETERMINATION 2013 -01 and CONDITIONAL USE PERMIT (CUP) 2013 -17 2. LOCATION: 17" STREET AND PROSPECT AVENUE 3. ADDRESS: 17772 E. 17" STREET 4. APN(S):401- 401 -12 5. PREVIOUS OR CONCURRENT APPLICATIONS RELATING TO THIS PROPERTY: CUP 10 -011, CUP 07 -024, TTM 17342 6. SURROUNDING LAND USES: NORTH: OFFICE /RESIDENTIAL SOUTH: RESIDENTIAL (COUNTY) WEST: COMMERCIAL EAST: RESIDENTIAL (COUNTY) 7. SURROUNDING ZONING DESIGNATION: NORTH: PROFESSIONAL OFFICE /PC PR SOUTH: COUNTY (RESIDENTIAL) WEST: PLANNED COMMUNITY COMMERCIAL EAST: COUNTY (RESIDENTIAL) 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: PR /PC COMMERCIAL /BUSINESS SOUTH: LOW DENSITY RESIDENTIAL WEST: PC COMMERCIAL /BUSINESS EAST: PC RESIDENTIAL 9. SITE LAND USE: A. EXISTING: BUSINESS PARK (OFFICES) PROPOSED: SAME B. GENERAL PLAN: PC COMMERCIAL /BUSINESS PROPOSED: SAME C. ZONING: PC BUSINESS PARK PROPOSED: SAME DEVELOPMENT FACTS: NO CHANGE TO EXISTING DEVELOPMENT 11. LOT AREA: 9.62 GROSS ACRES 12. BUILDING AREA: 5 BUILDINGS. +/- 190.000 SQUARE FEET 13. PARKING: SHARED SUBMITTED PLANS October 30, 2013 Conditional Use Permit & Use Determination Mark Schechter Ideal Luxury LLC 17772 E. 17`I Street, Suite 110 Tustin, CA 92780 (714) 412 -6567 To Whom It May Concern: I am a longtime Tustin resident and experienced Secondhand Dealer / Pawnbroker. I have been operating a retail luxury pawnshop in Costa Mesa for the past 5 years. I now wish to establish an entirely new entity in my home city of Tustin. The following detectives from the two cities I worked with the most have agreed in advance to receive a phone call regarding my reputation as a pawnbroker. Please feel free to contact them accordingly. Detective Michelle Bradbury, Costa Mesa Police Department — (714) 754 -5120 Detective Dave Darling, Newport Beach Police Department— (949) 644 -3799 1 have already applied for a Secondhand Dealer's license in Tustin and am now looking to upgrade that license to a Pawnbroker's license. I am filing this application for a Conditional Use Permit to satisfy the corresponding requirement. Additionally, I am requesting a Use Determination as a result of the present use of my business address versus my proposed use. I have leased a professional office in the Tustin Financial Plaza versus a commercial /retail space for this new entity because I will not be operating a retail business. I will not maintain retail hours but will instead keep hours that are commensurate with traditional "office hours ". I will not have product displays of any kind or promote my business as a retail establishment. I will not have any "walk in" traffic, but rather ___-appointment only meetings with clients. I will operate as a private Estate Liquidator in a manner much like many of the other financial service providers in that center. To clarify, my pawnbroker's license will simply allow me to purchase second -hand goods and occasionally make discrete "high value" collateral loans to my clients one -on -one and by appointment only. I will only purchase and make loans on luxury watches, diamonds and jewelry. In no way will I ever operate like a traditional pawnbroker. My primary activities in the office will be the management of the business (i.e. planning, accounting, marketing, etc), intemet based marketing of the luxury items I acquire from both private estates and wholesale dealers as well as occasional business meetings with partners and clients. In summary, my business plan and routine activities are well suited and conducive to a private office environment. I have reviewed this unique use with the City of Tustin Community Development Department and they are supportive of my plans. I am happily married with three young children. Executing this business plan near home will help me continue meeting this very important personal goal. I am a longtime Tustin resident, the Vice- Chairman of a Tustin based charity and I maintain impeccable references. I am happy to answer any questions about my background, qualifications and business plans. Sincerely, Mark Schechter President, Ideal Luxury uj J CO In Y x � O ► ' W CD M� 00 ul � H En 3 v 0 M L� _�. o o . z "- W of 07 a 0t V/ �ZNW N W F oaN'a ^3W�n "O�' OZzm N �c FF \�O!- ZOQ��vOiZ �i�r aK aFS00Cn�N OGO WNp u x.4EOQZ uzzF o y ri ¢m C' J ILL 3 p N W W¢ tiOZOLLmONUZ Omz ZW< 0O ou °GNB °a9 Gwz �w�90Z .N.F¢m6T2�YE� NE h.Z..ON Ui U N FOUKO [111 z _u 0 - - -- Ij ~ L.— a W CL 3 C X D J O WN P W O Q D W U G f 2 FI 2 z 3 N IL C O LL m PP y �p O m Y O P Q N ^ y � m N u i Q U O v y > rn W z � �o Yi. O wH a v N O L tLCi QP4 m O` pP L C ti^ Z O G O C P d O w m� C VI W n 2 a ¢ o to • G x X D J O WN P W O Q D W U G f 2 FI 2 z 3 O U) rZ rZ r T CN C VI W A_ 2 a ¢ o X D J O WN P W O Q D W U G f 2 FI 2 z 3 11777- F /PM ST 7yir-✓, 0 9l�Po EXHIBIT "A -II" PROJECT SITE PLAN 17111 smir I I I I 1.1 I f I � 7 91 V ' 46065v.2 EXHIBIT "A -iI" TFP Petite Form 02112 Marl: Schechw/ldni Luxury -�- L. C3 Ikl ATTACHMENT D RESOLUTION NO. 4240 RESOLUTION NO. 4240 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING USE DETERMINATION 2013- 01 TO ALLOW A PAWNBROKER OFFICE AS A CONDITIONALLY PERMITTED USE WITHIN THE PLANNED COMMUNITY BUSINESS PARK (PC BUS PARK) ZONING DISTRICT. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. A proper application for Use Determination 2013 -01 was filed by Mark Schechter of Ideal Luxury, LLC requesting authorization to operate a pawnbroker office within the Planned Community Business Park zoning district. B. The proposed use is not listed as a permitted, conditionally permitted, or prohibited use within the Planned Community Business Park zoning district. Therefore, a Use Determination is necessary to decide if the proposed use would be permitted, conditionally permitted, or prohibited in the First Street Specific Plan. C. That a public hearing was duly called, noticed, and held for Use Determination 2013 -01 in conjunction with Conditional Use Permit 2013 -17 on December 10, 2013, by the Planning Commission. D. That approval of Use Determination 2013 -01 to allow for a pawnbroker office as a conditionally permitted use within the Planned Community Business Park zoning district can be supported by the following findings: 1) The proposed business would operate most similar to an office and not display products or promote retail foot traffic. 2) The proposed hours of operation would be commensurate with traditional office use hours of operation. 3) Client consultations would be arranged by appointment only. 4) The proposed use would be considered on a case -by -case basis and subject to the conditional use permit process and public noticing requirements. Projects would be conditioned to ensure that there would be no adverse impacts on the existing neighborhoods. Resolution 4240 UD 2013 -01 Page 2 E. That the proposed Use Determination is exempt from environmental review under the California Environmental Quality Act ( "CEQA ") pursuant to Section 15061(b)(3) of the California Code of Regulations Title 14, Chapter 3 (Guidelines for the California Environmental Quality Act). There is no possibility that the proposed Use Determination may have a significant effect on the environment, therefore the activity is not subject to CEQA. II. The Planning Commission hereby approves Use Determination 2013 -01 to allow for a pawnbroker office as a conditionally permitted use within the Planned Community Business Park zoning district. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 10th day of December, 2013. STEVE KOZAK Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4240 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10th day of December, 2013. ELIZABETH A. BINSACK Planning Commission Secretary ATTACHMENT E RESOLUTION NO. 4241 RESOLUTION NO. 4241 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2013 -17 AUTHORIZING THE OPERATION OF A PAWNBROKER OFFICE LOCATED WITHIN IN EXISTING OFFICE SUITE AT 17772 E. 17TH STREET, SUITE 110. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 2013 -17 was filed by Mark Schechter of Ideal Luxury, LLC requesting authorization to operate a pawnbroker office within an existing 898 square foot office suite located at 17772 E. 17th Street, Suite 110. B. That the Planned Community Business Park zoning district and the Planned Community Commercial /Business General Plan land use designation provide for a variety of commercial uses. In addition, the project has been reviewed for consistency with the Air Quality Sub - element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub - element. C. That a public hearing was duly called, noticed, and held for Conditional Use Permit 2013 -17 in conjunction with Use Determination 2013 -01 on December 10, 2013, by the Planning Commission. D. That the Planning Commission adopted Resolution No. 4240, approving Use Determination 2013 -01 to allow for a pawnbroker office as a conditionally permitted use within the Planned Community Business Park zoning district. F. That the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: 1. The proposed pawnbroker office business is consistent with Section 3511 et seq. of the Tustin City Code which regulates pawnbroker businesses. 2. The proposed pawnbroker office business will be operated in conjunction with a luxury jewelry business specializing in estate liquidation. Resolution No. 4241 Page 2 3. As conditioned, the pawning activity is limited to luxury jewelry items typically sold at jewelry stores. 4. The proposed hours of operation are consistent with the hours of operation of the existing office uses within the Tustin Financial Plaza. All client consultations will be by appointment. 5. The proposed pawnbroker office business is surrounded by other office uses and is not oriented toward any residential or sensitive uses. 6. As conditioned, no product displays of items for sale would be allowed on the premises and the business would operate as an office. 7. As conditioned, no pawnbroker business signage is allowed to be installed or displayed. 8. As conditioned, Conditional Use Permit 2013 -17 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with Conditional Use Permit 2013 -17 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the Conditional Use Permit. In addition, all pawnbroker permits are non - transferable. 9. The implementation /application of the proposed conditions would ensure compatibility of the proposed pawnbroker office use with the surrounding uses and the Tustin City Code. G. This project is Categorically Exempt pursuant to Section 15301, Class 1 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Conditional Use Permit 2013 -17 authorizing the operation of a a pawnbroker office within an existing 898 square foot office suite located at 17772 E. 17th Street, Suite 110 subject to the conditions contained within Exhibit A attached hereto. Resolution No. 4241 Page 3 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 10th day of December, 2013. STEVE KOZAK Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4241 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10th day of December, 2013. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4241 CONDITIONAL USE PERMIT 2013 -17 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped December 10, 2013, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 2013 -17 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk - Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 This condition shall serve as a precitation and to inform the responsible person(s) and property owner(s) of the compliance requirements pursuant to the Tustin City Code (TCC) and /or other applicable codes, laws, and conditions. Failure to comply with the conditions of approval set forth herein shall result in the issuance of an administrative citation pursuant to TCC 1162(a). The City may also take further legal action including issuing the responsible person(s) a criminal citation and /or abating the violation(s) with the cost of such abatement and /or prosecution assessed against the responsible person(s), the property owner(s), and /or the property as a lien. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE /S (7) PC /CC POLICY (4) DESIGN REVIEW * ** EXCEPTION Exhibit A Resolution No. 4241 CUP 2013 -17 Page 2 (1) 1.6 Conditional Use Permit 2013 -17 may be reviewed on an annual basis, or more often if necessary, by the Director of Community Development. The Director of Community Development shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with Conditional Use Permit 2013 -17, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Director of Community Development shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. (1) 1.7 As a condition of approval of Conditional Use Permit 2013 -17, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision - making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in the defense of any such action under this condition. (1) 1.8 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. USE RESTRICTIONS ( * * *) 2.1 Pawnbroker activity shall be limited to pawning of luxury jewelry items typically sold at the business. Any other items to be pawned shall be reviewed and approved in writing by the Director of Community Development. (1) 2.2 Prior to engaging in the business of pawnbroker, a valid Pawnbroker Permit shall be obtained from the Director of Community Development. ( * * *) 2.3 No pawnbroker business shall accept any item in pawn or make any loan on items of personal property except between the hours of operations of the primary business as follows: 9:00 a.m. to 7:00 p.m. daily. Any changes to these hours of operation shall be reviewed and approved by the Director of Community Development Exhibit A Resolution No. 4241 CUP 2013 -17 Page 3 (1) 2.4 The City's Pawnbroker Permit, certified by the City, shall be displayed on the premises in plain view at all times. (1) 2.5 A pawnbroker permittee shall not attempt to receive stolen property or commit any other criminal offense involving stolen property. (1) 2.6 No pawnbroker business signage shall be installed and /or displayed on windows and /or exterior walls. No other signs shall be installed unless approved by the Community Development Department. (1) 2.7 The Pawnbroker Permit shall be non - transferable. (1) 2.8 A pawnbroker permittee shall comply with all property reporting, holding, and production requirements as specified in Division 8 of the Financial Code regarding pawnbroker regulations and Chapter 9 of Division 8 of the Business and Professions Code or successor provisions regarding secondhand goods, as applicable. (1) 2.9 A pawnbroker permittee shall comply with all rates, charges, and loan contract requirements as specified in Division 8 of the Financial Code or successor provisions regarding pawnbroker regulations. (1) 2.10 A pawnbroker permittee shall not receive anything in pledge from a minor. (1) 2.11 A pawnbroker permittee shall not promise any person who sells goods to permittee that the seller may repurchase the goods sold. ( * * *) 2.12 No product displays of items for sale shall be allowed on the premises. The business shall operate as an office with client consultations by appointment only. FEES (1,15) 3.1 Within forty -eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty -eight (48) hour period the applicant has not delivered to the Community Development Department the above -noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.