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HomeMy WebLinkAbout04252023 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title 11]. AGENDA TEMECULA CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA APRIL 25, 2023 - 6:00 PM CALL TO ORDER: Mayor Zak Schwank INVOCATION: Reverend Carole Horton -Howe of St. Thomas of Canterbury Episcopal Church FLAG SALUTE: Mayor Zak Schwank ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart PRESENTATIONS Presentation by General Manager Robb Grantham of Rancho California Water District Regarding Water Supply and Drought Update Presentation by Consultants Ryan Allen and Dana Link -Herrera of Dudek Regarding Temecula Urban Forest Management Plan BOARD / COMMISSION REPORTS Race, Equity, Diversity and Inclusion Commission PUBLIC SAFETY REPORT County of Riverside, Fire Department (CAL FIRE) PUBLIC COMMENTS - NON -AGENDA ITEMS A total of 30 minutes is provided for members of the public to address the City Council on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be included into the record. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in -person comments will be called in the order received by the City Clerk. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. Page 1 City Council Agenda April 25, 2023 CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten minutes will be devoted to these reports. CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the City Council request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the City Council on items that appear on the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be included into the record. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in -person comments will be called in the order received by the City Clerk. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 1. Waive Reading of Title and Text of All Ordinances and Resolutions Included in the Agenda Recommendation: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda. Attachments: Agenda Report 2. Approve Action Minutes of April 11, 2023 Recommendation: That the City Council approve the action minutes of April 11, 2023. Attachments: 04/11/2023 - Regular Meeting 04/11/2023 - Special Meeting 3. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: Attachments: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Agenda Report Resolution List of Demands 4. Adopt Resolution Confirming the Decision of the Temecula Planning Commission to Revoke the Conditional Use Permit Issued to the Bank, Located at 28645 Old Town Front Street Page 2 City Council Agenda April 25, 2023 5. 6. 7. 8. Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CONFIRMING THE DECISION OF THE TEMECULA PLANNING COMMISSION TO REVOKE THE CONDITIONAL USE PERMIT ISSUED TO THE BANK, LOCATED AT 28645 OLD TOWN FRONT STREET Attachments: Agenda Report R eenhitinn Exhibit A - OAH Proposed Decision City Council Agenda Packet Approve Sponsorship and Economic Development Funding Agreement with Temecula Valley Balloon and Wine Festival Association for Temecula Vallev Balloon and Wine Festival Recommendation: That the City Council approve a sponsorship and economic development funding agreement with the Temecula Valley Balloon and Wine Festival Association for the Temecula Valley Balloon and Wine Festival. Attachments: Agenda Report Agreement Approve Agreement for the Temecula Home Repair Program with Habitat for Humanity_ Recommendation: That the City Council approve the agreement with Habitat for Humanity for the Temecula Home Repair Program and appropriate $500,000 from the Community Reinvestment Program Fund, as approved conceptually by Council as part of the COVID-19 Pandemic Community Reinvestment Program for Fiscal Year 2022-23. Attachments: Agenda Report Agreement Program Guidelines Approve Agreement for Consultant Services with Fehr & Peers, Inc. for Complete Streets Policy Document Recommendation: That the City Council approve an agreement for consultant services with Fehr & Peers, Inc., in the amount of $59,500, for the complete streets policy document. Attachments: Agenda Report Agreement Renew the Abandoned Vehicle Abatement Program with the County of Riverside Page 3 City Council Agenda April 25, 2023 9. Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING THE EXTENSION OF THE SERVICE FEE COLLECTED ON BEHALF OF THE RIVERSIDE COUNTY ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY UNTIL MAY 2034 Attachments: Agenda Report Resolution Adopt the 2023 City of Temecula Emergency Operations Plan Recommendation: That the City Council adopt this resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE 2023 CITY OF TEMECULA EMERGENCY OPERATIONS PLAN Attachments: Agenda Report Resolution Emergency Operations Plan 10. Approve Purchase and Installation Agreements with Playcore Wisconsin, Inc. dba GameTime and Landscape Structures, Inc., for Playground Equipment Enhancement and Safety Surfacing at Temecula Creek Trail Park, Redhawk Park, Calle Aragon Park, and Long Canyon Park Recommendation That the City Council: 1. Approve the purchase and installation agreement with GameTime, in the amount of $334,641.07, and authorize City Manager to approve additional work not to exceed a contingency amount of $10,000, for Playground Equipment Enhancement and Safety Surfacing (Temecula Creek Trail Park); and 2. Approve the purchase and installation agreement with GameTime, in the amount of $531,702.58, and authorize City Manager to approve additional work not to exceed a contingency amount of $10,000, for Playground Equipment Enhancement and Safety Surfacing (Redhawk Park); and 3. Approve the purchase and installation agreement with GameTime, in the amount of $73,736.46, and authorize City Manager to approve Page 4 City Council Agenda April 25, 2023 11. 12. additional work not to exceed a contingency amount of $2,000, for the Playground Equipment Enhancement and Safety Surfacing (Calle Aragon Park); and 4. Approve the purchase and installation agreement with Landscape Structures, Inc., in the amount of $438,047.68, and authorize City Manager to approve additional work not to exceed a contingency amount of $10,000, for the Playground Equipment Enhancement and Safety Surfacing (Long Canyon Park). Attachments: Agenda Report Agreement - Temecula Creek Trail Park Agreement - Redhawk Park Agreement - Calle Aragon Park Agreement - Long Canyon Park Approve Second Amendment to Agreement with CASC Engineering and Consulting for NPDES Commercial and Industrial Inspections Recommendation: That the City Council approve the second amendment to the agreement with CASC Engineering and Consulting for NPDES commercial and industrial inspections, to extend the term of the agreement to June 30, 2024, and increase the payment in the amount of $60,000, for a total agreement amount of $119,970. Attachments: Agenda Report Second Amendment Accept Improvements and File the Notice of Completion for the Citywide Slurry Seal Program Fiscal Year 2021-22, PW22-02 Recommendation: Attachments: That the City Council: 1. Accept the construction of the Citywide Slurry Seal Program - Fiscal Year 2021-22, PW22-02, as complete; and 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the final contract amount; and 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. Agenda Report Notice of Completion Maintenance Bond Contractor's Affidavit & Final Release Page 5 City Council Agenda April 25, 2023 13. 14. 15. Accept Improvements and File the Notice of Completion for Sidewalks - DLR Drive Project, PW19-18 Recommendation: That the City Council: 1. Accept the improvements for the Sidewalks - DLR Drive Project, PW 19-18, as complete; and 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the final contract amount; and 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. Attachments: Agenda Report Notice of Completion Maintenance Bond Contractor's Affidavit & Final Release Approve Plans and Specifications and Authorize Solicitation of Construction Bids for the Community Recreation Center Splash Pad and Shade Structure Project, PW21-07 Recommendation: That the City Council: 1. Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Community Recreation Center Splash Pad and Shade Structure Project, PW21-07; and 2. Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15302, Replacement or Reconstruction, of the CEQA Guidelines. Attachments: Agenda Report Project Description Project Location Rendering Adopt Resolution Finding that an Emergency Condition Continues to Exist Within the Meaning of Public Contract Code Sections 20168 and 22050 Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, DETERMINING THAT THERE IS A NEED TO CONTINUE THE ACTIONS AUTHORIZED BY Page 6 City Council Agenda April 25, 2023 RESOLUTION NO. 2023-17 DECLARING AN EMERGENCY CONDITION AND DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRES CERTAIN WORK TO BE PERFORMED WITHOUT COMPETITIVE BIDDING PURSUANT TO PUBLIC CONTRACT CODE SECTIONS 20168 AND 22050, AND BY RESOLUTION NOS. 2023-17, 2023-20, 2023-26, and 2023-29 FINDING THAT AN EMERGENCY CONDITION CONTINUES TO EXIST Attachments: Agenda Report Resolution 16. Receive and File Temporary Street Closures for the Kent Hintergardt 30th Anniversary Memorial Recommendation: That the City Council receive and file the temporary closure of certain streets for the Kent Hintergardt 30th Anniversary Memorial. Attachments: Agenda Report FXI,;h;t A RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND/OR THE TEMECULA PUBLIC FINANCING AUTHORITY Page 7 City Council Agenda April 25, 2023 TEMECULA COMMUNITY SERVICES DISTRICT MEETING CALL TO ORDER: President James Stewart ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart CSD PUBLIC COMMENTS - NON -AGENDA ITEMS A total of 30 minutes is provided for members of the public to address the Board of Directors on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be included into the record. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in -person comments will be called in the order received by the City Clerk. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. CSD CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the Community Services District request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the Board of Directors on items that appear on the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be included into the record. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in -person comments will be called in the order received by the City Clerk. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 17. Approve Action Minutes of April 11, 2023 Recommendation: That the Board of Directors approve the action minutes of April 11, 2023. Attachments: Action Minutes CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTOR REPORTS CSD ADJOURNMENT The next regular meeting of the Temecula Community Services District will be held on Tuesday, May 9, 2023, at 4:30 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. Page 8 City Council Agenda April 25, 2023 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY - NO MEETING TEMECULA HOUSING AUTHORITY - NO MEETING JOINT MEETING - TEMECULA PUBLIC FINANCING AUTHORITY / CITY COUNCIL CALL TO ORDER: Chair Zak Schwank ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart TPFA PUBLIC COMMENT A total of 30 minutes is provided for members of the public to address the Board of Directors on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be included into the record. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in -person comments will be called in the order received by the City Clerk. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. TPFA / CITY COUNCIL CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the Temecula Public Financing Authority request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the Board of Directors on items that appear on the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be included into the record. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in -person comments will be called in the order received by the City Clerk. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 18. Approve Action Minutes of April 11, 2023 Recommendation: That the Board of Directors approve the action minutes of April 11, 2023. Attachments: Action Minutes 19. Approve Deposit Agreement and Initiate Community Facilities District Formation Proceedings Related to the Altair Development Recommendation: That the City Council/Board of Directors adopt resolutions entitled: RESOLUTION NO. Page 9 City Council Agenda April 25, 2023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEPOSIT/REIMBURSEMENT AGREEMENT - ALTAIR RESOLUTION NO. TPFA A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY ACKNOWLEDGING RECEIPT OF A DEPOSIT RELATIVE TO THE FORMATION OF A COMMUNITY FACILITIES DISTRICT, AND AUTHORIZING AND DIRECTING ACTIONS WITH RESPECT THERETO - ALTAIR Attachments: Agenda Report City Council Resolution TPFA Resolution Deposit/Reimbursement Agreement TPFA EXECUTIVE DIRECTOR REPORT TPFA BOARD OF DIRECTOR REPORTS TPFA ADJOURNMENT The next regular meeting of the Temecula Public Financing Authority will be held on Tuesday, May 9, 2023, at 4:30 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. Page 10 City Council Agenda April 25, 2023 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of a project at the time of the hearing. If you challenge a project in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at or prior to the public hearing. For public hearings each speaker is limited to 5 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be included into the record. Email comments must be submitted to CouncilComments@temeculaca.gov. Email comments on all matters, including those not on the agenda, must be received prior to the time the item is called for public comments. At public hearings involving land use matters, the property owner and/or applicant has the burden of proof and, therefore, shall be allowed 15 minutes for an initial presentation, and an additional 10 minutes for rebuttal by its development team following other comments on the matter. An appellant, other than the property owner and/or applicant, and the spokesperson for an organized group of residents residing within the noticed area of the property, which is the subject of the public hearing, shall be allowed 15 minutes to present the appellant's position to the Council. The Mayor may allow more time if required to provide due process for the property owner, applicant or appellant. All other members of the public may speak during the public hearing for a maximum period of 5 minutes each. Deferral of one speaker's time to another is not permitted. In the event of a large number of speakers, the Mayor may reduce the maximum time limit for members of the public to speak. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 20. Approve Fiscal Year 2023-2024 Community Development Block Grant (CDBG) Annual Action Plan Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE 2023-2024 ANNUAL ACTION PLAN AS AN APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR FUNDING UNDER THE FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND FINDING THAT THE ACTION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE NATIONAL ENVIRONMENTAL POLICY ACT PURSUANT TO 24 CFR 58.34(A) (1) AND THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15262 AND 15378(B)(4) Page 11 City Council Agenda April 25, 2023 Attachments: Agenda Report Resolution Exhibit A Notice of Public Hearing DEPARTMENTAL REPORTS (RECEIVE AND FILE) 21. City Council Travel/Conference Report Attachments: Agenda Report Itinerary 22. Communi . Development Department Monthly Report Attachments: Agenda Report PlanningActivity Report 23. Fire Department Monthly Report Attachments: Agenda Report Fire Monthly Report 24. Police Department Monthly Report Attachments: Agenda Report 25. Public Works Department Monthly Report Attachments: Agenda Report Project Status Report ITEMS FOR FUTURE CITY COUNCIL AGENDAS Any Council Member, including the Mayor, may request an item be placed on a future agenda. Any such request will be discussed under this section. In making the request, a Council Member may briefly describe the topic of the proposed agenda item and any timing associated with the placement of the item on the agenda. This description shall not exceed 3 minutes. No substantive discussion on the subject of the motion may occur. Items may only be placed on the agenda by Council Members pursuant to policy or by the City Manager based on administrative or operational needs of the City. Public comments on the placement of these agenda items shall be limited to a maximum of 30 minutes. Individual comments shall not exceed 3 minutes. All public participation is governed by the Council Policy regarding Public Participation at Meetings and Agenda Placements by Council Members adopted by Resolution No. 2021-54. CITY MANAGER REPORT Page 12 City Council Agenda April 25, 2023 CITY ATTORNEY REPORT ADJOURNMENT The next regular meeting of the City Council will be held on Tuesday, May 9, 2023, at 4:30 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC The full agenda packet (including staff reports, public closed session information, and any supplemental material available after the original posting of the agenda), distributed to a majority of the City Council regarding any item on the agenda, will be available for public viewing in the main reception area of the Temecula Civic Center during normal business hours at least 72 hours prior to the meeting. The material will also be available on the City's website at TemeculaCa.gov. and available for review at the respective meeting. If you have questions regarding any item on the agenda, please contact the City Clerk's Department at (951) 694-6444. Page 13 Item No. 1 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: April 25, 2023 SUBJECT: Waive Reading of Title and Text of All Ordinances and Resolutions Included in the Agenda PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda. BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. In accordance with Government Code Section 34934, the title of each ordinance is included on the published agenda and a copy of the full ordinance has been available to the public online on the City's website and will be available in print at the meeting prior to the introduction or passage of the ordinance. Unless otherwise required, the full reading of the title and text of all ordinances and resolutions is waived. FISCAL IMPACT: None ATTACHMENTS: None Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA APRIL 11, 2023 - 6:00 PM CALL TO ORDER at 6:00 PM: Mayor Zak Schwank INVOCATION: Buck Longmore, Retired Firefighter FLAG SALUTE: Mayor Zak Schwank ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart PRESENTATIONS Presentation of Proclamation for DMV/Donate Life Month Presentation of Proclamation for Innovation Month ANNUAL JOINT MEETING - CITY COUNCIL AND RACE, EQUITY, DIVERSITY AND INCLUSION COMMISSION BOARD / COMMISSION REPORTS Community Services Commission PUBLIC SAFETY REPORT County of Riverside, Riverside County Sheriffs Department PUBLIC COMMENTS - NON -AGENDA ITEMS The following individual(s) addressed the City Council: • Bob Kowell • James Hill • Janice & Jim Richardson • Ross Jackson • Steve Kim • Mick Sobczak CITY COUNCIL REPORTS CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (5-0): Motion by Stewart, Second by Alexander. The vote reflected unanimous approval. 1. Waive Reading of Title and Text of All Ordinances and Resolutions Included in the Agenda 2. 3. 4. 5. 6. Recommendation: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda. Approve Action Minutes of March 28, 2023 Recommendation: That the City Council approve the action minutes of March 28, 2023. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2023-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Approve Amended and Restated Office Lease and Memorandum of Lease Between the City of Temecula and Temecula Valley Convention & Visitors Bureau dba Visit Temecula Valley Recommendation: That the City Council approve the amended and restated office lease and memorandum of lease between the City of Temecula and Temecula Valley Convention & Visitors Bureau dba Visit Temecula Valley in substantially the form as attached and authorize the Assistant City Manager to execute same. Adopt Resolution Regarding the Addressing of Accessory and Junior Accessory Dwelling Units (Long Range Planning Project No. LR23-0110) Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2023-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN ADDRESSING POLICY FOR ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND MAKING THE FINDING OF EXEMPTION UNDER SECTIONS 15061(B)(3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") (LONG RANGE PLANNING PROJECT NO. LR23-0110) Approve Second Amendment to Agreement for Consultant Services with Hicks & Hartwick, Inc., for Engineering Plan Check Services Recommendation: That the City Council approve the second amendment to the agreement for consultant services with Hicks & Hartwick, Inc., for engineering plan check services, to extend the term of the agreement to June 30, 2025, and increase payment in the amount of $100,000, for a total agreement value of $200,000. 2 7. Approve Freeway Maintenance Agreement with State of California, Department of Transportation (Caltrans) Recommendation: That the City Council approve the Freeway Maintenance Agreement with the State of California, acting by and through the Department of Transportation (Caltrans). 8. Approve Agreement for Consultant Services with Falcon Engineering Services, Inc. for the I-15 / French Valley ParkwU Improvements - Phase II, PW16-01 Recommendation: That the City Council approve the agreement with Falcon Engineering Services, Inc., in an amount not to exceed $8,880,275.70, to provide professional construction management services for the I-15 / French Valley Parkway Improvements - Phase II, PW 16-01. 9. Adopt Resolution Finding that an Emergency Condition Continues to Exist Within the Meaning of Public Contract Code Sections 20168 and 22050 and Appropriate Additional Funding for Emergency Repairs Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2023-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, DETERMINING THAT THERE IS A NEED TO CONTINUE THE ACTIONS AUTHORIZED BY RESOLUTION NO. 2023-17 DECLARING AN EMERGENCY CONDITION AND DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRES CERTAIN WORK TO BE PERFORMED WITHOUT COMPETITIVE BIDDING PURSUANT TO PUBLIC CONTRACT CODE SECTIONS 20168 AND 22050, AND BY RESOLUTION NOS. 2023-20 AND 2023-26, FINDING THAT AN EMERGENCY CONDITION CONTINUES TO EXIST, AND TO APPROPRIATE FUNDING FOR EMERGENCY REPAIRS RECESS: At 6:58 PM, the City Council recessed and convened as the Temecula Community Services District Meeting and Joint Temecula Public Financing Authority and City Council Meeting. At 7:03 PM the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL ITEMS FOR FUTURE CITY COUNCIL AGENDAS CITY MANAGER REPORT CITY ATTORNEY REPORT 3 ADJOURNMENT At 7:03 PM, the City Council meeting was formally adjourned to Tuesday, April 25, 2023, at 4:30 PM for Closed Session, with regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Zak Schwank, Mayor ATTEST: Randi Johl, City Clerk [SEAL] ACTION MINUTES TEMECULA CITY COUNCIL SPECIAL MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA APRIL 11, 2023 - 10:00 AM CALL TO ORDER at 10:00 AM: Mayor Zak Schwank FLAG SALUTE: Mayor Zak Schwank ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart PUBLIC COMMENTS - NON -AGENDA ITEMS The following individual(s) addressed the City Council: • Ed Dool PUBLIC COMMENTS - AGENDA ITEMS The following individual(s) addressed the City Council: • Ron Parent • Matthew Moore • Amanda Lane • Shawn Owens • Carlos Palma • Megan Hadden • Ryan Parent All electronic comments received were made a part of the record of the meeting. PUBLIC HEARING 1. Conduct Hearing In the Matter of the Revocation of Conditional Use Permit For the Operation of The Bank and Consider Proposed Decision of the Office of Administrative Hearing Officer and Confirmation of Decision by Planning Commission Recommendation: That the City Council conduct a public hearing in the matter of the revocation of the conditional use permit ("CUP") for the operation of The Bank; consider the proposed decision of the Office of Administrative Hearing Officer as adopted with modification by the Planning Commission; and render a decision upholding or denying the proposed decision of the Planning Commission revoking the CUP. This hearing is proceeding under Temecula Municipal Code Section 17.03.085. Motion to confirm the decision of the Planning Commission. (5-0): Motion by Stewart, Second by Alexander. The vote reflected unanimous approval. ADJOURNMENT At 1:38 PM, the City Council meeting was formally adjourned to Tuesday, April 11, 2023, at 4:30 PM for Closed Session, with regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Zak Schwank, Mayor ATTEST: Randi Johl, City Clerk [SEAL] Item No. 3 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: April 25, 2023 SUBJECT: Approve List of Demands PREPARED BY: Pam Espinoza, Accounting Technician II RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting. FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures. ATTACHMENTS: 1. Resolution 2. List of Demands RESOLUTION NO.2023- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $ 3,283,397.91. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 25th day of April, 2023. Zak Schwank, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2023- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 25th day of April, 2023, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk CITY OF TEMECULA LIST OF DEMANDS 03/29/2023 TOTAL CHECK RUN: $ 1,219,438.38 03/30/2023 TOTAL CHECK RUN: 644,177.63 04/04/2023 TOTAL CHECK RUN: 737,682.88 04/06/2023 TOTAL CHECK RUN: 42,511.43 03/30/2023 TOTAL PAYROLL RUN: 639,587.59 TOTAL LIST OF DEMANDS FOR 04/25/2023 COUNCIL MEETING: $ 3,283,397.91 DISBURSEMENTS BY FUND: CHECKS 001 GENERAL FUND 1,221,187.87 110 COVID-19 PANDEMIC COMMUNITY REINVESTMENT 660.80 140 COMMUNITY DEV BLOCK GRANT 9,260.62 165 AFFORDABLE HOUSING 6,245.58 190 TEMECULA COMMUNITY SERVICES DISTRICT 335,546.18 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 1,951.45 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 1,953.30 197 TEMECULA LIBRARY FUND 5,325.81 210 CAPITAL IMPROVEMENT PROJECTS FUND 907,916.93 300 INSURANCE FUND 4,086.10 305 WORKERS' COMPENSATION 4,086.17 320 INFORMATION TECHNOLOGY 80,836.99 330 SUPPORT SERVICES 14,477.28 340 FACILITIES 19,932.87 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 437.44 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 234.16 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 81.00 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 108.58 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 508.53 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 323.03 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 494.16 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 23,028.63 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 96.20 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 207.16 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 90.16 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 108.00 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP 395.00 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 289.90 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 27.00 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 61.60 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 684.42 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 117.08 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 2,328.00 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 61.60 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 27.00 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 147.72 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 27.00 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 432.00 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 27.00 DISBURSEMENTS BY FUND: PAYROLL 001 GENERAL FUND 110 COVID-19 PANDEMIC COMMUNITY REINVESTMENT 140 COMMUNITY DEV BLOCK GRANT 165 AFFORDABLE HOUSING 190 TEMECULA COMMUNITY SERVICES DISTRICT 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 197 TEMECULA LIBRARY FUND 300 INSURANCE FUND 305 WORKERS' COMPENSATION 320 INFORMATION TECHNOLOGY 330 SUPPORT SERVICES 340 FACILITIES 384,324.72 582.76 591.51 3,973.11 177,863.73 1,368.71 209.71 4,414.71 2,946.08 2,946.03 46,434.07 4,310.10 9,622.35 $ 2,643,810.32 639,587.59 TOTAL BY FUND: $ 3,283,397.91 apChkLst Final Check List Page: 1 03/29/2023 10:05:01AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 14821 3/15/2023 000246 PERS EMPLOYEES RETIREMENT 14872 3/16/2023 000444 INSTATAX EDD 14873 3/16/2023 000283 INSTATAX IRS 14888 3/24/2023 000262 RANCHO CALIF WATER DISTRICT Description PERS RETIREMENT PAYMENT Amount Paid Check Total 146,008.54 146,008.54 STATE TAX PAYMENT 40,469.25 40,469.25 FEDERAL TAX PAYMENT 120,702.93 120,702.93 VARIOUS WATER FEBRUARY BATCH 2 6,099.01 6,099.01 Grand total for UNION BANK: 313,279.73 Page:1 apChkLst Final Check List Page: 2 03/29/2023 10:05:01AM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor Description Amount Paid Check Total 504280 3/30/2023 013015 ALWAYS RELIABLE BACKFLOW, BACKFLOW TEST: PRESLEY SLOPE 27.00 AKA NANETTE SEMAN BACKFLOW TESTS: PARKS: PW 54.00 BACKFLOW TESTS: VARIOUS MEDV 162.00 BACKFLOW REPLACEMENT: VAIL R/ 2,050.00 BACKFLOW REPAIR: VARI LOCATIOP 1,907.00 BACKFLOW TESTING: VARIOUS LOC 945.00 BACKFLOW TEST: VARIOUS LOC: P\ 189.00 5,334.00 504281 3/30/2023 023030 ARJONA, GLORIA STTLMNT: BRAZILIAN & LATIN JAZZ 938.44 938.44 3/17 504282 3/30/2023 021400 AYERS ELECTRIC INC ELECTRICAL SVCS: CIVIC CTR: PW 950.00 ELECTRICAL SVCS: CIVIC CTR: PW 200.00 ELECTRICAL SVCS: CIVIC CTR: PW 1,700.00 ELECTRICAL SVCS: CIVIC CTR: PW 600.00 ELECTRICAL SVCS: CIVIC CTR: PW 250.00 ELECTRICAL SVCS: CIVIC CTR: PW 200.00 ELECTRICAL SVCS: CIVIC CTR: PW 350.00 4,250.00 504283 3/30/2023 017149 B G P RECREATION INC TCSD INSTRUCTOR EARNINGS 1,043.00 TCSD INSTRUCTOR EARNINGS 737.55 TCSD INSTRUCTOR EARNINGS 1,244.16 TCSD INSTRUCTOR EARNINGS 2,822.40 TCSD INSTRUCTOR EARNINGS 2,366.70 8,213.81 504284 3/30/2023 022719 BAKER ELECTRIC, & ELECTRIC DSGN SVCS ONLY: CA 5,000.00 5,000.00 RENEWABLES LLC ENERGY GRANT 504285 3/30/2023 023240 BEARD, RYAN, DBA SPORTS TCSD INSTRUCTOR EARNINGS 294.00 SAINTS TCSD INSTRUCTOR EARNINGS 1,249.50 TCSD INSTRUCTOR EARNINGS 598.50 TCSD INSTRUCTOR EARNINGS 588.00 TCSD INSTRUCTOR EARNINGS 367.50 TCSD INSTRUCTOR EARNINGS 882.00 TCSD INSTRUCTOR EARNINGS 514.50 TCSD INSTRUCTOR EARNINGS 918.71 TCSD INSTRUCTOR EARNINGS 471.63 TCSD INSTRUCTOR EARNINGS 1,102.50 TCSD INSTRUCTOR EARNINGS 1,228.50 TCSD INSTRUCTOR EARNINGS 945.00 TCSD INSTRUCTOR EARNINGS 808.50 TCSD INSTRUCTOR EARNINGS 220.50 10.189.34 Paget apChkLst Final Check List Page: 3 03/29/2023 10:05:01AM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor 504286 3/30/2023 022948 BRYANT. ROBERT 504287 3/30/2023 004462 CDW LLC, DBA CDW GOVERNMENT LLC 504288 3/30/2023 021133 CNS ENGINEERS INC (Continued) Description TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS MISC SMALL TOOLS & EQUIP: INFO TECH MISC SMALL TOOLS & EQUIP: INFO' DIAGRAM SOFTWARE: INFO TECH/F MISC SMALL TOOLS & EQUIP: INFO MISC SMALL TOOLS & EQUIP: IT 12/3-2/24 ENG SVCS: OVRLND BR PW 16-05 504289 3/30/2023 000442 COMPUTER ALERT SYSTEMS APR-JUN ALARM SYS MONITORING: FIRE DEPT ALARM MONITORING: SOMMERS BE ALARM MONITORING: SOMMERS BE ALARM MONITORING: SOMMERS BE ALARM MONITORING: PARKING GAF 504290 3/30/2023 010650 CRAFTSMEN PLUMBING & PLUMBING SVCS: PARKS: PW HVAC INC 504291 3/30/2023 011870 CRIME SCENE STERI CLEAN BIO-HAZARD CLEAN UP: TEM SHERIFF LLC 504292 3/30/2023 022483 DE LA SECURA INC, DBA DLS DSGN-BUILD SVCS: MRC PW 17-21 BUILDERS 504293 3/30/2023 003945 DIAMOND ENVIRONMENTAL SRVCS 504294 3/30/2023 004192 DOWNS ENERGY FUEL 504295 3/30/2023 002577 ENGINEERING RESOURCES, OF SOUTHERN CALIF INC PORTABLE RESTROOMS: AULD RD ADA RESTROOM: MORAGA RD FUEL FOR CITY VEHICLES: POLICE FUEL FOR CITY VEHICLES: LAND DE FUEL FOR CITY VEHICLES: INFO TE, FUEL FOR CITY VEHICLES: STREET FUEL FOR CITY VEHICLES: TCSD FUEL FOR CITY VEHICLES: TRAFFIC FUEL FOR CITY VEHICLES: PARKS h FUEL FOR CITY VEHICLES: CIP: PW FUEL FOR CITY VEHICLES: FIRE DEI ENG SVCS: MURR CRK REG SPORTS PRK Amount Paid 134.40 735.00 588.00 1,346.80 435.12 165.76 504.00 134.40 40.43 237.02 171.32 775.64 1,347.23 27,021.85 405.00 120.00 225.00 120.00 180.00 684.00 850.00 212,911.95 133.21 325.76 111.94 60.08 49.76 1,432.51 129.16 358.20 1,591.21 272.02 275.07 21,462.00 Check Total 4,043.48 2,571.64 27,021.85 1,050.00 684.00 850.00 212,911.95 458.97 4,279.95 21,462.00 Page:3 apChkLst 03/29/2023 10:05:01AM Final Check List CITY OF TEMECULA Page: 4 Bank : eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 504296 3/30/2023 009618 ENNIS FLINT INC MISC PAINT SUPPLIES: STREETS: PW 4,682.09 4,682.09 504297 3/30/2023 003747 FINE ARTS NETWORK AKA TICKET SALES ADVANCE: 10,000.00 10,000.00 THEATRE, CO AND BALLET SPONGEBOB THEATER 504298 3/30/2023 014865 FREIZE UHLER KIMBERLY DBA, SANTA GERTRUDIS CRK PED/BIKE 1,931.52 1,931.52 CLEAR BLUE PROMOTIONS 504299 3/30/2023 022865 EMPLOYEE #00571 REIMB: TEAM PACE 67.70 67.70 504300 3/30/2023 010028 GOFORTH & MARTI, DBA GM OFFICE CHAIRS: INFO TECH 995.75 995.75 BUSINESS INTERIORS 504301 3/30/2023 004890 GOLDEN STATE FIRE ANNUAL SPRINKLER INSPECTIONS: 700.00 PROTECTION TCC ANNUAL SPRINKLER INSPECTIONS: 700.00 ANNUAL SPRINKLER INSPECTIONS: 700.00 2,100.00 504302 3/30/2023 003792 GRAINGER MISC STAGE SUPPLIES: THEATER 93.61 93.61 504303 3/30/2023 020908 EMPLOYEE #00527 REIMB: MUNIS TRAINING 03/14/23 96.94 96.94 504304 3/30/2023 001135 HEALTHPOINTE MEDICAL MEDICAL SCREENINGS: HR 2,840.00 2,840.00 GROUP INC, DBA FIRST CARE INDUSTRIA 504305 3/30/2023 022671 JFL ELECTRIC INC CNSTRCTN CONTRACT SVCS: FIBER 112,669.05 OPTIC SYS CNSTRCTN CONTRACT SVCS: FIBEI 134,249.64 CNSTRCTN CONTRACT SVCS: FIBEI -315,411.04 CNSTRCTN CONTRACT SVCS: FIBEI 84,703.94 CNSTRCHN CONTRACT SVCS: FIBE 32,940.30 49,151.89 504306 3/30/2023 003726 LIFE ASSIST INC MEDICAL SUPPLIES: MEDIC: FIRE 127.68 127.68 504307 3/30/2023 022664 MARIPOSATREE TREE SVCS: S-08 VILLAGES SLOPE: 22,785.63 22,785.63 MANAGEMENT INC PARKS 504308 3/30/2023 020907 MICHELLE MEDINA, DBA TCSD INSTRUCTOR EARNINGS 1,386.00 MICHELLE Q MEDINA TCSD INSTRUCTOR EARNINGS 1,478.40 2,864.40 504309 3/30/2023 004951 MIKE'S PRECISION WELDING DUMP TRAILER REPAIR: STREET 350.00 INC MAINT METAL FABRICATION: PARKING GAF 200.00 550.00 Page:4 apChkLst Final Check List Page: 5 03/29/2023 10:05:01AM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 504310 3/30/2023 004043 MISSION ELECTRIC SUPPLY ELECTRICAL SUPPLIES: CIVIC CENTER 22.75 INC ELECTRICAL SUPPLIES: PARKS: PW 384.54 ELECTRICAL SUPPLIES: CIVIC CTR 179.22 LIGHTING SUPPLIES: HARVESTON: 934.26 ELECTRICAL SUPPLIES: PARKS: PW 57.32 ELECTRICAL SUPPLIES: PARKS: PW 83.74 ELECTRICAL SUPPLIES: PARKS: PW 391.50 2,053.33 504311 3/30/2023 004040 MORAMARCO ANTHONY J, 2ND SATURDAY: SPECIAL EVENTS: 400.00 DBA BIGFOOT GRAPHICS TCSD COMMUNITY MURAL PROJ: TCSD 700.00 TCSD INSTRUCTOR EARNINGS 113.40 ACTIVITY GUIDE GRAPHIC: TCSD 1,200.00 TEMPORARY TATTOOS: SPECIAL Eb 150.00 2,563.40 504312 3/30/2023 004490 MUSCO SPORTS LIGHTING LLC LIGHTING EQUIP: PARKS: PW 426,735.00 426,735.00 504313 3/30/2023 002925 NAPAAUTO PARTS AUTO PARTS: STREET MAINT: PW 32.60 AUTO PARTS: STREET MAINT: PW 162.40 195.00 504314 3/30/2023 022599 NIEVES LANDSCAPE INC IRRIGATION REPAIRS: HELP CENTER 243.83 IRRIGATION REPAIRS: HARVESTON 501.79 IRRIGATION REPAIRS: CIVIC CENTE 207.78 TREE PLANTING: OLD TOWN: PW 250.00 IRRIGATION REPAIRS: SOMMERS P/ 171.93 IRRIGATION REPAIRS: HARVESTON 222.47 IRRIGATION REPAIRS: HARVESTON 224.61 IRRIGATION REPAIRS: HARVESTON 445.75 IRRIGATION REPAIRS: NICOLAS PAF 269.06 2,537.22 504315 3/30/2023 021998 OLD TOWN TIRE AND SERVICE BUS SVC: MPSC: TCSD 981.71 INC VEHICLE MAINT: HOMELESS OUTRE 97.60 1,079.31 Page:5 apChkLst Final Check List Page: 6 03/29/2023 10:05:01AM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 504316 3/30/2023 005075 PRUDENTIAL OVERALL SUPPLY UNIFORM SVCS: STREET MAINT: PW 19.53 FLOOR MATS/TOWEL RENTALS: CR( 31.45 FLOOR MATS/ TOWEL RENTALS: LIB 19.88 FLOOR MATS/TOWEL RENTALS: TC( 14.32 FLOOR MATS/TOWEL RENTALS: TVI\ 12.74 UNIFORM SERVICES: STREET MAIN 316.99 UNIFORM SERVICES: PARK MAINTE 4.62 UNIFORM SVCS: STREETS MAINT: F 47.06 FLOOR MATS/TOWEL RENTALS: IW7 22.73 FLOOR MATS/TOWEL RENTALS: THE 9.89 UNIFORM SVCS: PARKS MAINT: PW 4.62 CREDIT: UNIFORM SVCS -273.90 FLOOR MATS/TOWEL RENTALS: FO( 10.28 UNIFORM SVCS: PARKS MAINT: PW 68.53 FLOOR MATS/TOWEL RENTALS: CR( 31.45 FLOOR MATS/TOWEL RENTALS: SEl' 24.52 UNIFORM SERVICES: PARKS MAINT 4.62 369.33 504317 3/30/2023 022537 REFRIGERATION SUPPLIES, MISC HVAC SUPPLIES: LIBRARY 277.13 DISTRIBUTOR MISC HVAC SUPPLIES: TVE2 166.00 MISC HVAC SUPPLIES: LIBRARY 45.06 MISC HVAC SUPPLIES: CIVIC CTR 93.73 581.92 504318 3/30/2023 002412 RICHARDS WATSON AND FEB 2023 LEGAL SERVICES 177.00 GERSHON FEB 2023 LEGAL SERVICES 5,967.13 FEB 2023 LEGAL SERVICES 147.50 FEB 2023 LEGAL SERVICES 1,563.50 7,855.13 504319 3/30/2023 004274 SAFE AND SECURE LOCKSMITH SVCS: PARKS: PW 30.93 LOCKSMITH SRVC LOCKSMITH SVCS: PARKS: PW 71.21 102.14 504320 3/30/2023 007345 SDSU RESEARCH RADIO COMMUNICATION TOWER 7,274.36 7,274.36 FOUNDATION LEASE: IT 504321 3/30/2023 009213 SHERRY BERRY MUSIC JAZZ @ THE MERC 3/16 392.00 392.00 504322 3/30/2023 020545 SOCIAL WORK ACTION GROUP FEB HOMELESS/STREET OUTREACH: 20,781.10 20,781.10 TCSD 504323 3/30/2023 000944 SWARCO MCCAIN INC TRAFFIC CABINET: STREET MAINT: PW 21,636.78 21,636.78 504324 3/30/2023 003849 TERRYBERRY COMPANY EMPLOYEE SVC RECOGNITION: HR 497.78 497.78 504325 3/30/2023 021603 TITAN RENTALS GROUP INC, RENTALS: SPECIAL EVENTS: TCSD 424.21 424.21 TITAN TENT & EVENT RENTAL Page:6 apChkLst Final Check List Page: 7 03/29/2023 10:05:01AM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor 504326 3/30/2023 018147 WADDLETON. JEFFREY L 504327 3/30/2023 020275 WALLACE & ASSOC CONSULTING LLC, ANSER ADVISORY MNGMT LLC (Continued) Description DJ/MC SOUND SVCS: SPECIAL EVENTS DJ SVCS: SKATE PARK JAMS: CRC: CONSTRUCTION INSP SVCS: PW21-06 Amount Paid 525.00 525.00 2,484.00 Grand total for EFT UNION BANK: Check Total 1,050.00 2,484.00 906,158.65 Page:7 apChkLst Final Check List Page: 8 03/29/2023 10:05:01AM CITY OF TEMECULA 52 checks in this report. Grand Total All Checks: 1,219,438.38 Page:8 apChkLst Final Check List Page: 1 03/30/2023 3:05:06PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 211874 3/30/2023 004422 AMERICAN BATTERY CORPORATION, DBA AMERICAN BATTERY SUP 211875 3/30/2023 011954 BAKER AND TAYLOR INC 211876 3/30/2023 020574 BATTERY SYSTEMS INC 211877 3/30/2023 003138 CAL MAT, DBA VULCAN MATERIALS CO 211878 3/30/2023 004241 CALIF DEPT OF STATE ARCHITECT 211879 3/30/2023 004241 CALIF DEPT OF STATE ARCHITECT Description BATTERIES: PBSP: PARKS BOOK COLLECTIONS: RHRTPL: TCSD BOOK COLLECTIONS: RHRTPL: TCS BOOK COLLECTIONS: RHRTPL: TCS TRAFFIC SIGNAL EQUIP ENHANCE PRGM ASPHALT SUPPLIES: STREET MAINT:PW ASPHALT SUPPLIES: STREET MAINI REMITTANCE OF AB1379 - QE DEC 2022 REMITTANCE OF SB1186 - QE DEC 2022 211880 3/30/2023 004971 CANON FINANCIAL SERVICES MAR COPIERS LEASE: LIBRARY INC 211881 3/30/2023 018828 CASC ENGINEERING AND, CONSULTING INC 211882 3/30/2023 005417 CINTAS PROTECTION NO 2, CINTAS FIRE 636525 211883 3/30/2023 013379 COSSOU, CELINE JAN ENG SVCS: CATCH BASIN ANALYSIS FEB ENG SVCS: CATCH BASIN ANAL FIRE EXTINGUISHER INSPEC: CHILDREN MUSEU FIRE EXTINGUISHER INSPECTION: FIRE EXTINGUISHER INSPECTION: I FIRE EXTINGUISHER INSPECTION: I FIRE EXTINGUISHER INSPECTION: ( FIRE EXTINGUISHER INSPEC: SOMA FIRE EXTINGUISHER INSPECTION: I FIRE EXTINGUISHER INSPECTIONS: FIRE EXTINGUISHER INSPECTION: I FIRE EXTINGUISHER INSPECTION: \ FIRE EXTINGUISHER INSPECTION: P FIRE EXTINGUISHER INSPECTION: - FIRE EXTINGUISHER INSPECTION: I FIRE EXTINGUISHER INSPECTION:, FIRE EXTINGUISHER INSPECTION: I FIRE EXTINGUISHER INSPECTION: I FIRE EXTINGUISHER INSPECTION: - TCSD INSTRUCTOR EARNINGS Amount Paid 98.18 10.17 120.96 8.27 9,205.69 489.59 254.09 1,255.60 0.90 671.56 3,503.50 872.50 54.34 190.50 54.34 32.24 601.04 41.08 72.02 166.75 72.81 58.76 191.62 182.39 58.76 54.34 36.66 89.70 89.70 350.00 Check Total 98.18 139.40 9,205.69 743.68 1,255.60 0.90 671.56 4.376.00 2,047.05 350.00 Page:1 apChkLst 03/30/2023 3:05:06PM Final Check List CITY OF TEMECULA Page: 2 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 211884 3/30/2023 017038 CPS HR CONSULTING CLASSIFICATION STUDY: HR 5,500.00 5,500.00 211885 3/30/2023 001233 DANS FEED AND SEED INC MISC SUPPLIES: STREET MAINT: PW 33.16 33.16 211886 3/30/2023 012600 DAVID EVANS AND DSGN SVCS: DEMO GARDEN MIKE 1,061.00 ASSOCIATES INC NAGGAR PRK ENG DSGN SVCS: HOCKEY RINK: RI 10,629.50 ENG SVCS: SANTA GERTRUDIS CRI< 617.00 FEB DSGN SVCS: DIAZ RD PROJ PV\ 3,967.00 16,274.50 211887 3/30/2023 000165 FEDERAL EXPRESS INC EXPRESS MAIL SVCS: THEATER: TCSD 41.32 EXPRESS MAIL SVCS: TCSD 14.09 55.41 211888 3/30/2023 009097 FULL COMPASS SYSTEMS SOUND/LIGHTING & MISC SUPPLIES: 126.40 126.40 THEATER 211889 3/30/2023 009608 GOLDEN VALLEY MUSIC CLASSICS @ THE MERC 3/12 & 3/26 388.50 388.50 SOCIETY, DBA CA CHAMBER ORCHESTRA 211890 3/30/2023 023252 GOSCH, MARC ENG REFUNDABLE DEPOSIT: 3,000.00 3,000.00 LD19-2008 211891 3/30/2023 001013 HINDERLITER DE LLAMAS & JAN-MAR SALES TAX & RECOVERY 5,533.01 5,533.01 ASSOC SVCS 211892 3/30/2023 003198 HOME DEPOT HARDWARE SUPPLIES: CIVIC CTR 92.18 92.18 211893 3/30/2023 012342 INLAND CUTTER SERVICE INC PAPER FOLDER MAINT: CENTRAL 425.00 425.00 SVCS 211894 3/30/2023 000750 INTOXIMETERS INC ASIV MOUTHPIECES: TEM SHERIFF 209.02 209.02 211895 3/30/2023 023210 JAVIER I GONZALEZ, DBAJ HVAC SUPPLIES: PBSP RENOVATION 1,344.15 QUALITY CONTROLS HVAC SUPPLIES: CRC 83.74 1,427.89 211896 3/30/2023 016257 KELLY SPICERS INC, DBA MISC PAPER SUPPLIES: CENTRAL 1,691.86 KELLY SPICERS STORES SVCS MISC PAPER SUPPLIES: CENTRAL S 294.79 1,986.65 211897 3/30/2023 017118 KRACH BREE B, DBA PLAQUES: PLANNING COMMISSION 93.53 TEMECULA TROPHY & DES RIC TAGS/PLATES: FIRE DEPT 43.50 RIC TAGS: STATIONS: FIRE 73.41 EMPLOYEE RECOGNITION AWARDS 81.56 292.00 211898 3/30/2023 013982 M C I COMM SERVICE MAR &DK89878 XXX-0714 USAGE MALL 39.53 PD MAR 7DK90589 XXX-0346 GEN USAC 37.59 77.12 Paget apChkLst Final Check List Page: 3 03/30/2023 3:05:06PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 211899 3/30/2023 016705 MADD SOUTHERN CALIFORNIA SPONSORSHIP: WALK LIKE MADD: HR 500.00 500.00 211900 3/30/2023 000394 MAINTENANCE MEMBERSHIP RENEWAL: STREETS: 90.00 SUPERINTENDENT, PW ASSOCIATION MEMBERSHIP RENEWAL: STREETS: 75.00 165.00 211901 3/30/2023 000249 PETTY CASH PETTY CASH REIMBURSEMENT 524.15 524.15 211902 3/30/2023 023118 POULIOT, BLAKE THEATER PERFORMANCE: 10/29/22 5,500.00 5,500.00 211903 3/30/2023 002072 RANCHO CALIF WATER DIST RECYCLED WATER RETROFIT FEES: 11,000.00 11,000.00 -FEES PW21-04 211904 3/30/2023 023271 REGENTS OF THE UNIVERSITY sexual assault exam: tern sheriff 911.00 911.00 CA, SANTA MONICA UCLA MEDICAL 211905 3/30/2023 022494 REVZILLA MOTORSPORTS LLC, UNIFORM SUPPLIES: TEM SHERIFF 640.80 640.80 DBA REVZILLA.COM 211906 3/30/2023 000418 RIVERSIDE CO CLERK AND, CEQA FILINGS: CIP: PW17-28 50.00 RECORDER CEQA FILINGS: CIP: PW19-09 50.00 CEQA FILINGS: CIP: PW21-03 50.00 CEQA FILING: CIP: PW22-08 50.00 200.00 211907 3/30/2023 004822 RIVERSIDE TRANSIT AGENCY FEB TROLLEY SVCS: CITY MGR 2,198.60 DEC TROLLEY SVCS: CITY MGR 2,198.60 4,397.20 211908 3/30/2023 017699 SARNOWSKI SHAWNA M PHOTOGRAPHY SVCS: SPECIAL 175.00 175.00 PRESTON GAMES 3/18 211909 3/30/2023 022929 SCP DISTRIBUTORS LLC, DBA MISC POOL SUPPLIES: AQUATICS 795.98 LINCOLN AQUATICS MISC POOL SUPPLIES: AQUATICS: F -150.00 645.98 211910 3/30/2023 014818 SKYFIT TECH INC FITNESS CENTER MAINT SVCS: RISK 195.00 195.00 211911 3/30/2023 000519 SOUTH COUNTY PEST PEST CONTROL SVCS: DUCK POND 49.00 CONTROL INC PEST CONTROL SVCS: CALLE ARAC 94.00 PEST CONTROL SVCS: HARVESTON 95.00 PEST CONTROL SVCS: THEATER: P) 90.00 PEST CONTROL SVCS: CIVIC CTR 120.00 448.00 211912 3/30/2023 012789 STUART, JENNIFER SARAH TCSD INSTRUCTOR EARNINGS 6,320.00 TCSD INSTRUCTOR EARNINGS 6,320.00 12,640.00 Page:3 apChkLst 03/30/2023 3:05:06PM Final Check List CITY OF TEMECULA Page: 4 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 211913 3/30/2023 009061 STURDIVANT, ANGELA P TCSD INSTRUCTOR EARNINGS 269.50 269.50 211914 3/30/2023 023251 SWEET, ALLEN ENG REFUNDABLE DEPOSIT: 6,500.00 6,500.00 LD20-3447 211915 3/30/2023 020911 T MOBILE USA INC GPS LOCATE: TEM SHERIFF 100.00 GPS LOCATE: TEM SHERIFF 25.00 125.00 211916 3/30/2023 003599 T Y LIN INTERNATIONAL 1/28-3/3 CONSULT: FV PKWY/1-15: PH II 7,378.92 ENG & CONSULT SVCS: FVP PH 11 9,734.92 17,113.84 211917 3/30/2023 023262 TAYLOR MORRISON OF CALIF REFUNDABLE DEPOSIT: LD20-1439 35,500.00 35,500.00 LLC 211918 3/30/2023 003677 TEMECULA MOTORSPORTS VEHICLE MAINT & REPAIR: POLICE 989.92 989.92 LLC 211919 3/30/2023 000515 TEMECULA VALLEY CHAMBER TVCC SPONSORSHIP FUNDS: ECON 50,000.00 50,000.00 OF, COMMERCE DEV 211920 3/30/2023 000306 TEMECULA VALLEY PIPE & CONTRUCTION MATERIALS: STREET 6,765.12 6,765.12 SUPPLY MAINT 211921 3/30/2023 002452 TOP LINE INDUSTRIAL, MISC SUPPLIES: STREET MAINT: PW 40.15 40.15 PRODUCTS INC 211922 3/30/2023 022046 TURBOSCAPE INC LANDSCAPE ENHANCEMENT: 36,580.00 36,580.00 MEDIANS: PARKS 211923 3/30/2023 000161 TYLER TECHNOLOGIES INC MUNIS MIGRATION SVCS: FINANCE 10,500.00 MUNIS MIGRATION SVCS: FINANCE 2,800.00 13,300.00 211924 3/30/2023 002702 USPS POC, ACCOUNT JAN '23 POSTAGE METER DEPOSIT 2,996.27 8089685 FEB '23 POSTAGE METER DEPOSIT 2,397.34 5,393.61 211925 3/30/2023 007987 WALMART MISC SUPPLIES: CRC: TCSD 38.18 SUPPLIES: SKATE PARK: CRC 50.47 MISC SUPPLIES: EASTER HUNT: TC 2,098.04 MISC SUPPLIES: SPECIAL EVENTS: 27.44 2,214.13 211926 3/30/2023 023264 WINSUPPLY VISTA CA CO, DBA ELECTRICAL SUPPLIES: CIVIC CTR 113.08 113.08 ELECTRICAL SALES INC Grand total for UNION BANK: 267,155.38 Page:4 apChkLst Final Check List Page: 5 03/30/2023 3:05:06PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor 504328 3/30/2023 003747 FINE ARTS NETWORK AKA THEATRE, CO AND BALLET THEATER Description Amount Paid Check Total STTLMNT: THE SPONGEBOB MUSICAL 19,538.25 19,538.25 Grand total for EFT UNION BANK: 19,538.25 Page:5 apChkLst Final Check List Page: 6 03/30/2023 3:05:06PM CITY OF TEMECULA 54 checks in this report. Grand Total All Checks: 286,693.63 Page.-6 apChkLst Final Check List Page: 1 03/30/2023 3:06:09PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 14887 3/20/2023 020062 MEDLINE INDUSTRIES LP Description QE DEC 2022 SALES TAX PHS Amount Paid 357,484.00 Grand total for UNION BANK: Check Total 357,484.00 357,484.00 Page:1 apChkLst Final Check List Page: 2 03/30/2023 3:06:09PM CITY OF TEMECULA checks in this report. Grand Total All Checks: 357,484.00 Paget apChkLst Final Check List Page: 1 04/04/2023 2:58:42PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor Description 14846 3/2/2023 000246 PERS EMPLOYEES PERS RETIREMENT PAYMENT RETIREMENT 14877 3/23/2023 000246 PERS EMPLOYEES PERS RETIREMENT PAYMENT RETIREMENT 14890 3/30/2023 010349 CALIF DEPT OF CHILD SUPPORT PAYMENT SUPPORT 14891 3/30/2023 021301 1 C M A RETIREMENT PLAN ICMA- 401(A) RETIREMENT PLAN 106474 PAYMENT 14892 3/30/2023 000194 1 C M A RETIREMENT PLAN ICMA-RC RETIREMENT TRUST 457 303355 PAYMENT 14893 3/30/2023 000444 INSTATAX EDD STATE TAX PAYMENT 14894 3/30/2023 000283 INSTATAX IRS FEDERAL TAX PAYMENT 14895 3/30/2023 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT SOLUTION 14896 3/30/2023 019088 NATIONWIDE RETIREMENT NATIONWIDE LOAN REPAYMENT SOLUTION PAYMENT 14897 3/30/2023 000389 NATIONWIDE RETIREMENT OBRA- PROJECT RETIREMENT SOLUTION PAYMENT Amount Paid Check Total 147,384.57 147,384.57 147, 560.67 147, 560.67 138.92 138.92 384.62 384.62 17,625.31 17,625.31 35,665.48 35,665.48 108, 793.84 108,793.84 14,471.21 14,471.21 427.79 427.79 4,104.62 4,104.62 Grand total for UNION BANK: 476,557.03 Page:1 apChkLst Final Check List Page: 2 04/04/2023 2:58:42PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor 504329 4/6/2023 013015 ALWAYS RELIABLE BACKFLOW, AKA NANETTE SEMAN Description Amount Paid BACKFLOW TESTING: VARI FACILITIES 864.00 BACKFLOW REPAIR: NAKAYAMA PAI BACKFLOW TEST: VARIOUS SLOPE 504330 4/6/2023 007282 AMAZON CAPITAL SERVICES MISC OFC SUPPLIES: PLANNING: INC BLDG & SAFE MISC MAINT SUPPLIES: STREETS: F MISC OFC SUPPLIES: CIP: PW 504331 4/6/2023 004240 AMERICAN FORENSIC NURSES MAY STAND BY FEE: POLICE AFN DRUG/ALCOHOL ANALYSIS: TEM SF DRUG/ALCOHOL ANALYSIS: TEM SF 504332 4/6/2023 021400 AYERS ELECTRIC INC ELECTRICAL MAINT SVCS: CROWN HILL ELECTRICAL MAINT SVCS: RRSP 504333 4/6/2023 022917 EMPLOYEE #00621 REIMB: MILEAGE: MUNIS TRAINING 504334 4/6/2023 022651 BRAND ASSASSINS OLD TOWN TEM WAYFINDING SIGNAGE 504335 4/6/2023 011421 BRODART CO BOOK COLLECTIONS: RHRTPL: TCSD BOOK COLLECTIONS: RHRTPL: TCS 504336 4/6/2023 022670 BROWN JAMAL DEON, DBA TCSD INSTRUCTOR EARNINGS JDB TRAINING TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 504337 4/6/2023 021502 BUCHER, BRET PHILLIP TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 504338 4/6/2023 021230 CONSOLIDATED ELECTRICAL STREET LIGHT GLOBE: PW DISTR, DBA CALIF ELECTRIC SUPPLY 504339 4/6/2023 017542 COX, KRISTI LYN TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 504340 4/6/2023 008289 EMPLOYEE #00512 REIMB: SMAF/SCPPOA WRKSHP 3/16 365.00 108.00 60.03 51.02 18.04 1,420.55 248.04 62.01 600.00 200.00 170.30 104.38 26.36 8.48 656.25 630.00 551.25 306.25 1,176.00 499.80 382.20 358.27 269.50 585.08 294.00 224.00 84.00 90.00 Check Total 1,337.00 129.09 1,730.60 800.00 170.30 104.38 34.84 2,143.75 2,685.77 585.08 602.00 90.00 Paget apChkLst Final Check List Page: 3 04/04/2023 2:58:42PM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 504341 4/6/2023 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: PARK 2,558.76 MAINT: PW FUEL FOR CITY VEHICLES: STREET 2,452.68 FUEL FOR CITY VEHICLES: TRAFFIC 324.83 FUEL FOR CITY VEHICLES: CIP: PW 244.66 FUEL FOR CITY VEHICLES: BLDG & 164.98 FUEL FOR CITY VEHICLES: CODE E 136.06 FUEL FOR CITY VEHICLES: LAND DI 110.62 FUEL FOR CITY VEHICLES: PARKS: 50.01 6,042.60 504342 4/6/2023 003342 HABITAT FOR HUMANITY, CDBG REIMB: WEBER 8,238.35 8,238.35 INLAND VALLEY INC 504343 4/6/2023 020908 EMPLOYEE #00527 REIMB: MUNIS TRAINING 03/30/23 77.29 77.29 504344 4/6/2023 006914 INNOVATIVE DOCUMENT FEB COPIER 5,583.06 SOLUTIONS MAINT/REPAIR/USAGE:CITYWIDE FEB COPIER MAINT/REPAIR/USAGE 398.79 5,981.85 504345 4/6/2023 013286 INTRADO LIFE & SAFETY INC FEB ENTERPRISES 911 SVC: INFO 300.00 300.00 TECH 504346 4/6/2023 000482 LEIGHTON CONSULTING INC MATUS TESTING SVCS: CRC RENO: 6,711.16 6,711.16 PW19-17 504347 4/6/2023 022664 MARIPOSATREE TREE SVCS: ROW: PARKS 1,663.14 MANAGEMENT INC TREE SVCS: ROW: PARKS 1,328.21 2,991.35 504348 4/6/2023 018675 MDG ASSOCIATES INC FEB ADA LABOR COMPLIANCE SVCS: 179.38 179.38 PW20-13 504349 4/6/2023 013443 MIDWEST TAPE LLC BOOKS ON TAPE: LIBRARY 136.01 136.01 504350 4/6/2023 012264 MIRANDA, JULIO C TCSD INSTRUCTOR EARNINGS 604.80 TCSD INSTRUCTOR EARNINGS 302.40 TCSD INSTRUCTOR EARNINGS 252.00 TCSD INSTRUCTOR EARNINGS 134.40 1,293.60 504351 4/6/2023 004043 MISSION ELECTRIC SUPPLY ELECTRICAL SUPPLIES: PARKS: PW 557.47 INC ELECTRICAL SVCS: PARKS: PW 95.52 652.99 504352 4/6/2023 004040 MORAMARCO ANTHONY J, COMMUNITY MURAL PROJ: TCSD 700.00 DBA BIGFOOT GRAPHICS SIGNAGE: WELCOME CTR: TCSD 600.00 ISRAEL ART ACTIVITY: EVENTS: TC: 400.00 1,700.00 504353 4/6/2023 020946 MUSSON THEATRICAL INC MISC SUPPLIES: THEATER: TCSD 325.39 325.39 Page:3 apChkLst Final Check List Page: 4 04/04/2023 2:58:42PM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 504354 4/6/2023 021998 OLD TOWN TIRE AND SERVICE VEHICLE REPAIRS: PARKS: PW 1,422.21 INC VEHICLE REPAIRS: PARKS: PW 51.26 VEHICLE REPAIRS: PARKS: PW 35.03 VEHICLE REPAIRS: PARKS: PW 30.61 1,539.11 504355 4/6/2023 005075 PRUDENTIAL OVERALL FLOOR MATS/TOWEL RENTALS: TCC 14.32 SUPPLY FLOOR MATS/TOWEL RENTALS: TVI 12.74 UNIFORM SVCS: PARK MAINTENAN, 68.53 UNIFORM SVCS: PW STREET MAINS 47.06 FLOOR MATS/TOWEL RENTALS: CRC 31.45 FLOOR MATS/TOWEL RENTALS: LIB 19.88 UNIFORM SVCS: PW STREET MAINS 19.53 FLOOR MATS/TOWEL RENTALS: THI 9.89 UNIFORM SVCS: PARKS MAINT: PW 4.62 228.02 504356 4/6/2023 022537 REFRIGERATION SUPPLIES, MISC HVAC SUPPLIES: CIVIC CTR 327.12 327.12 DISTRIBUTOR 504357 4/6/2023 002412 RICHARDS WATSON AND FEB 2023 LEGAL SERVICES 531.00 531.00 GERSHON 504358 4/6/2023 021981 EMPLOYEE #00606 REIMB: LCW CONF 112.53 REIMB: RFRSHMNTS FOR INTERVIE 46.53 159.06 504359 4/6/2023 004274 SAFE AND SECURE LOCKSMITH SVCS: CODE 192.00 LOCKSMITH SRVC ENFORCEMENT LOCKSMITH SVCS: CODE ENFORCE 170.00 362.00 504360 4/6/2023 009213 SHERRY BERRY MUSIC STAND UP COMEDY @ THE MERC 3,858.75 3/25/23 STAND UP COMEDY @ THE MERC 3 1,350.00 JAZZ @ THE MERC 2/23 745.00 JAZZ @ THE MERC 3/23/23 540.00 6,493.75 504361 4/6/2023 009746 SIGNS BY TOMORROW SIGN POSTING SVCS: PA21-0128: 1,068.75 PLNG SIGN POSTING SVCS: LR21-0279: PI 641.25 SIGN POSTING SVCS: PA22-0621: PI 213.75 SIGN POSTING SVCS: PA22-0293: PI 213.75 SIGN POSTING SVCS: PA21-1023: PI 213.75 2,351.25 504362 4/6/2023 021603 TITAN RENTALS GROUP INC, RENTALS: EMPLOYEE RECOG: TEAM 2,491.06 2,491.06 TITAN TENT & EVENT RENTAL PACE 504363 4/6/2023 017415 TK ELEVATOR CORPORATION ELEVATOR REPAIR: TVE2: PW 1,243.92 1,243.92 504364 4/6/2023 010046 TV CONVENTION &VISITORS JAN 23 BUS. IMPRV DISTRICTASMNTS 140,938.67 140,938.67 BUREAU, DBA VISIT TEMECULA VALLEY Page:4 apChkLst Final Check List Page: 5 04/04/2023 2:58:42PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor 504365 4/6/2023 018147 WADDLETON, JEFFREY L (Continued) Description TCSD INSTRUCTOR EARNINGS Amount Paid 1.121.40 Grand total for EFT UNION BANK: Check Total 1.121.40 202, 829.14 Page:5 apChkLst Final Check List Page: 6 04/04/2023 2:58:42PM CITY OF TEMECULA 47 checks in this report. Grand Total All Checks: 679,386.17 Page:6 apChkLst Final Check List Page: 1 04/04/2023 4:13:22PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor Description Amount Paid Check Total 211927 4/3/2023 002185 US POSTAL SERVICE POSTAGE: TEMECULA BROCHURE: 8,433.84 8,433.84 TCSD 211928 4/4/2023 011954 BAKER AND TAYLOR INC BOOK COLLECTIONS: RHRTPL: TCSD 187.79 BOOK COLLECTIONS: RHRTPL: TCS 124.36 BOOK COLLECTIONS: RHRTPL: TCS 33.44 BOOK COLLECTIONS: RHRTPL: TCS 24.15 369.74 211929 4/4/2023 021650 BALBOA PARK CULTURAL DAY CAMP EXCURSION: BALBOA TCSD 6,624.00 6,624.00 PARTNRSHP 211930 4/4/2023 001323 BLUETRITON BRANDS INC, WATER DELIVERY SVCS: PBSP 150.36 DBA READYREFRESH WATER DLVRY SVCS: TES POOL 40.43 190.79 211931 4/4/2023 023269 CALIFORNIA DINNER, SUMMER DAY CAMP 4,730.28 4,730.28 ENTERTAINMENT LLC EXCURSION:TCSD 211932 4/4/2023 019878 CERTIFIED ACCESS WEBINAR REGISTRATION: BLDG & 75.00 SPECIALIST, INSTITUTE SAFETY WEBINAR REGISTRATION: BLDG &! 35.00 110.00 211933 4/4/2023 005417 CINTAS PROTECTION NO 2, FIRE EXTINGUISHER INSPECTION: 41.08 CINTAS FIRE 636525 TCC FIRE EXTINGUISHER INSPECTION:' 36.66 FIRE EXTINGUISHER INSPECTION: 1 36.66 114.40 211934 4/4/2023 023175 COMPLETE OFFICE OF MISC OFC SUPPLIES: PLANNING 300.05 CALIFORNIA, INC MISC OFC SUPPLIES: PLANNING 267.38 MISC OFC SUPPLIES: PLANNING 135.48 MISC OFC SUPPLIES: CODE ENFOR 17.92 720.83 211935 4/4/2023 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT PAYMENT 50.00 50.00 211936 4/4/2023 014100 GODS FAN CLUB, DBA CC DISCRETIONARY FUNDS: JS 1,000.00 1,000.00 PROJECT TOUCH 211937 4/4/2023 020913 MINDTRAP ESCAPE ROOM ESCAPE ROOM: TEEN CAMP: CRC 840.00 840.00 211938 4/4/2023 004522 MULLIGANS FAMILY FUN EXCURSION: TEEN DAY CAMP: TCSD 815.82 815.82 CENTER, DBA MULLIGAN GROUP INC 211939 4/4/2023 022994 ROBINSON, KENT REIMB: PUBLICATIONS: BLDG & 67.39 67.39 SAFETY 211940 4/4/2023 014056 TEMECULA YOUTH BASEBALL REFUND: SEC DEP: SNACK BAR 400.00 400.00 Page:1 apChkLst Final Check List Page: 2 04/04/2023 4:13:22PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 211941 4/4/2023 022046 TURBOSCAPE INC 211942 4/4/2023 023055 VAN OTTERLOO INC (Continued) Description LANDSCAPE ENHANCEMENT: PARKS PW Amount Paid 31, 310.00 VEHICLE REPAIRS: STREET MAINT: 1,424.75 PW VEHICLE REPAIRS: STREET MAINT: 1,094.87 Grand total for UNION BANK: Check Total 31.310.00 2,519.62 58,296.71 Paget apChkLst Final Check List Page: 3 04/04/2023 4:13:22PM CITY OF TEMECULA 16 checks in this report. Grand Total All Checks: 58,296.71 Page:3 apChkLst 04/06/2023 4:48:15PM Final Check List CITY OF TEMECULA Page: 1 Bank: union UNION BANK Check # Date Vendor Description Amount Paid Check Total 211943 4/6/2023 015592 BAMM PROMOTIONAL STAFF APPAREL: PTS COMMISSION: 217.26 217.26 PRODUCTS INC PW 211944 4/6/2023 011348 BONCOR WATER SYSTEMS 03/30-04/26 WTR FILTER: FIRE STA 73 330.00 330.00 LLC, DBA SUNSHINE WATER SOFT 211945 4/6/2023 021251 CADENZA STRING FY 22/23 COMMUNITY SVC FUNDING 5,000.00 5,000.00 ORCHESTRA 211946 4/6/2023 003138 CAL MAT, DBA VULCAN ASPHALT SUPPLIES: STREET MAINT: 633.40 MATERIALS CO PW ASPHALT SUPPLIES: STREET MAINT 591.90 ASPHALT SUPPLIES: STREET MAINT 302.36 1,527.66 211947 4/6/2023 009640 CERTIFION CORP DBA MAR ONLINE DATABASE SUBSCR: 200.00 200.00 ENTERSECT POLICE 211948 4/6/2023 023158 COMMERCIAL CLEANING BY JANITORIAL SVCS: MALL SUBSTATION: 814.77 814.77 ROGERS, SERVICEMASTER TEM SH COMMERCIAL 211949 4/6/2023 023175 COMPLETE OFFICE OF MISC OFC SUPPLIES: STA 95: FIRE 159.22 159.22 CALIFORNIA, INC 211950 4/6/2023 012600 DAVID EVANS AND FEB DOG PARK RENOVATION: CIP: PW 8,680.67 8,680.67 ASSOCIATES INC 211951 4/6/2023 000165 FEDERAL EXPRESS INC EXPRESS MAIL SVCS: PARKS: PW 20.92 EXPRESS MAIL SVCS: POLICE DEPI 20.63 EXPRESS MAIL SVCS: FIRE DEPT 16.59 EXPRESS MAIL SVCS: FIRE DEPT 8.74 66.88 211952 4/6/2023 018858 FRONTIER CALIFORNIA INC MAR INTERNET SVCS: CIVIC CTR 101.95 MAR INTERNET SVCS: CIVIC CTR 101.95 MAR INTERNET SVCS: CIVIC CTR 101.95 MAR INTERNET SVCS: CIVIC CTR 101.95 MAR INTERNET SVCS: CIVIC CTR 101.95 MAR INTERNET SVCS: CIVIC CTR 101.95 MAR INTERNET SVCS: CIVIC CTR 101.95 MAR INTERNET SVCS: CIVIC CTR 101.95 MAR INTERNET SVCS: CIVIC CTR 101.95 MAR INTERNET SVCS: CIVIC CTR 101.95 1,019.50 211953 4/6/2023 012066 GEOCON WEST INC GEOTECHNICAL REVIEW: 3,000.00 3,000.00 WINCHESTER/DIAZ 211954 4/6/2023 022832 GEOTAB USA INC VEHICLE TELEMATICS: CITY FLEET 1,602.75 1,602.75 Page:1 apChkLst 04/06/2023 4:48:15PM Final Check List CITY OF TEMECULA Page: 2 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 211955 4/6/2023 000186 HANKS HARDWARE INC MISC SMALL TOOLS & EQUIP: CIP: PW 1,028.23 MISC MAINT SUPPLIES: PARKING S� 573.99 MISC MAINT SUPPLIES: TRAFFIC: P\ 448.29 MISC MAINT SUPPLIES: CIVIC CTR 188.65 2,239.16 211956 4/6/2023 003198 HOME DEPOT HARDWARE SUPPLIES: CIVIC CTR 292.39 HRDWR SUPPLIES: PARKS: PW 85.87 378.26 211957 4/6/2023 022569 INLAND FLEET SOLUTIONS INC VEHICLE REPAIRS: STREETS: PW 177.19 177.19 211958 4/6/2023 021896 JP HANDMADE CORP, DBA PRINT MEDIA: SPECIAL EVENTS: TCSD 537.54 MINUTEMAN PRESS BUSINESS CARDS: TCSD 308.52 BUSINESS CARDS: CODE ENFORCE 81.82 927.88 211959 4/6/2023 003076 MET LIFE INSURANCE DENTAL COBRA PAYMENT 419.14 419.14 COMPANY 211960 4/6/2023 022963 EMPLOYEE #00595 REIMB: TEAM PACE 410.92 410.92 211961 4/6/2023 017861 MYTHOS TECHNOLOGY INC APR-JUN MONITORING SVCS: TVE2 450.00 450.00 211962 4/6/2023 000418 RIVERSIDE CO CLERK AND, CEQA FILINGS: PLANNING 50.00 50.00 RECORDER 211963 4/6/2023 017699 SARNOWSKI SHAWNA M PHOTOGRAPHY SVCS: REDI MTG 2/9 450.00 450.00 PRESTON 211964 4/6/2023 013695 SHRED IT US JV LLC, IDEA DOCUMENT SHRED SVCS: CITY CLERK 31.04 31.04 SHRED IT USA LLC 211965 4/6/2023 014818 SKYFIT TECH INC FITNESS CENTER MAINT SVCS: RISK 185.00 185.00 211966 4/6/2023 000519 SOUTH COUNTY PEST PEST CONTROL SVCS: STA 95 854.00 CONTROL INC EMERGENCY PEST CONTROL SVCS 94.00 PEST CONTROL SVCS: LIBRARY 90.00 PEST CONTROL SVCS: JRC 74.00 PEST CONTROL SVCS: STA 12 74.00 PEST CONTROL SVCS: TVE2 56.00 PEST CONTROL SVCS: WEST WING 40.00 PEST CONTROL SVCS: SENIOR CEIN 29.00 1,311.00 211967 4/6/2023 008337 STAPLES BUSINESS CREDIT MISC OFC SUPPLIES: CIP: PW 41.42 41.42 211968 4/6/2023 023221 SWCA INCORPORATED CONSULT SVCS: WILDFIRE 7,104.41 7,104.41 PROTECTION PLAN Paget apChkLst Final Check List Page: 3 04/06/2023 4:48:15PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 211969 4/6/2023 020911 T MOBILE USA INC GPS LOCATE: TEM SHERIFF 211970 4/6/2023 021932 TRENCH PLATE RENTAL CO SHORING EQUIP: STREET MAINT: PW 211971 4/6/2023 000339 WEST PUBLISHING MAR CLEAR SUBSCRIPTION: TEM CORPORATION, DBATHOMSON SHERIFF REUTERS 211972 4/6/2023 020193 WHITE CAP LP MISC SUPPLIES: PARKS: PW Amount Paid 100.00 4,524.05 1,053.45 39.80 Grand total for UNION BANK: Check Total 100.00 4,524.05 1,053.45 39.80 42,511.43 Page:3 apChkLst Final Check List Page: 4 04/06/2023 4:48:15PM CITY OF TEMECULA 30 checks in this report. Grand Total All Checks: 42,511.43 Page:4 tem No. 4 CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: April 25, 2023 SUBJECT: Adopt Resolution Confirming the Decision of the Temecula Planning Commission to Revoke the Conditional Use Permit Issued to the Bank, Located at 28645 Old Town Front Street PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CONFIRMING THE DECISION OF THE TEMECULA PLANNING COMMISSION TO REVOKE THE CONDITIONAL USE PERMIT ISSUED TO THE BANK, LOCATED AT 28645 OLD TOWN FRONT STREET BACKGROUND: The matter of the revocation of the conditional use permit of The Bank, was heard virtually on August 31, 2022 and September 1, 2022, before Administrative Law Judge Debra D. Nye -Perkins, with the Office of Administrative Hearings (OAH). The matter was closed and submitted for decision on September 19, 2022. On October 19, 2022, the Administrative Law Judge issued a proposed decision revoking the conditional use permit of The Bank. The OAH Judge's proposed ruling is found in Attachment A. A hearing was then set before the Planning Commission for December 19, 2022 to consider the proposed decision. At the request of Zip Third Investments, that hearing was continued to January 18, 2023. At the request of The Bank, the January 2023 hearing was continued to February 15, 2023. On February 15, 2023, the Planning Commission heard the matter. Resolution No. 2023-04, setting forth the decision of the Planning Commission to confirm the decision of Administrative Law Judge Debra D. Nye -Perkins revoking the CUP, is attached. The record of proceedings and transcript of the Planning Commission hearing is also attached. On March 10, 2023, The Bank and Zip Third Investments filed appeals of the Planning Commission decision to the City Council. The appeals were filed in a timely manner with the appropriate appeal fee. In response, the hearing before the City Council was scheduled for April 11, 2023, at 10 a.m. The appropriate public hearing notices and mailings were made. This hearing is a de novo proceeding and is limited to the record below and allows for public comment. On April 11, 2023, the Temecula City Council heard the appeals filed by both Zip Third Investments and The Bank from the Planning Commission's granting of Resolution No. 2023-04 that confirmed the decision of the Administrative Law Judge to revoke the CUP subject to modification as to the nature of the CUP held by The Bank. The attached resolution sets forth the decision of the City Council as made at its April 11, 2023 meeting. It is recommended that the City Council adopt said resolution formally declaring its decision in the matter. FISCAL IMPACT: None ATTACHMENTS: 1. Resolution 2. Exhibit A — OAH Proposed Decision 3. Record of Proceedings (City Council Agenda Packet) RESOLUTION NO.2023- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CONFIRMING THE DECISION OF THE TEMECULA PLANNING COMMISSION TO REVOKE THE CONDITIONAL USE PERMIT ISSUED TO THE BANK, LOCATED AT 28645 OLD TOWN FRONT STREET THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of Temecula does hereby find, determine and declare that: A. In November 2007, Craig Puma from CNC Puma Corporation submitted an application to the City for a Minor Conditional Use Permit on behalf of the Bank of Mexican Food Restaurant ("the Bank") located at 28645 Old Town Front Street in Temecula ("the Property"). Craig Puma from CNC Puma Corporation was the applicant. The application including the consent of the property owner Maureen Licata aka Maureen Meardon. B. On January 3, 2008, the Planning Director approved Planning Application No. PA07-0314, a Minor Conditional Use Permit to upgrade a Type 41 ABC License (On -sale beer and wine -eating place) to a Type 47 ABC License (on -sale general) to authorize the sale of beer, wine and distilled spirits at the Bank. C. On October 9, 2008, Craig Puma from CNC Puma Corporation submitted an application to the City for a Minor Modification Application on behalf of the Bank of Mexican Food Restaurant ("the Bank") located at 28645 Old Town Front Street in Temecula ("the Property"). Craig Puma from CNC Puma Corporation was the applicant. The application including the consent of the property owner Maureen Licata. D. On October 9, 2008, the Planning Department approved Planning Application No. PA08-0236, a Minor Modification to Minor Conditional Use Permit (PA07-0314) to extend the hours of operation for the sale, service and consumption of alcohol at the Bank. E. On February 27, 2012, Craig Puma from CNC Puma Corporation submitted an application to the City for a Minor Modification on behalf of the Bank of Mexican Food Restaurant ("the Bank") located at 28645 Old Town Front Street in Temecula ("the Property"). Craig Puma from CNC Puma Corporation was the applicant. The application including the consent of the property owner Maureen Licata. F. On February 28, 2012, the Planning Department approved Planning Application No. PA12-0041, a Minor Modification to Minor Conditional Use Permit (PA07-0314) to allow for dinner entertainment for the purpose of providing background music at the Bank. The February 28, 2012 approval contained additional conditions which called out certain hours of operation for the Bank. G. The Minor Conditional Use Permit (PA07-0314), as modified on October 9, 2008 (PA08-0236) and on February 28, 2012 (PA12-0041) is a single CUP and is referred to collectively hereinafter as "the Bank CUP". H. Beginning in March 2021, the City's Code Enforcement Division issued 109 Civil Penalty Notice and Orders to the CNC Puma Corporation due to violations of the Bank CUP including for violating approved operational hours beyond 11:00 p.m.; having excessive noise levels including with outside speakers over allowed noise levels; and failing to have a CUP for amplified music and live entertainment. I. On May 19, 2022, the Planning Director sent a notice to: (1) CNC Puma Corporation care of Brand Landon as the Agent for Service of Process; Craig Puma, the Bank; and Amanda Moore, who is an officer of CNC Puma Corporation and manager of the Bank, advising that he was recommending that the Bank CUP be revoked. The City subsequently sent a notice to Zip Third Investments, LLC, the entity who had become the successor in interest of the Property from the estate of Maureen Licata and advised that the Planning Director was recommending that the CUP be revoked. J. Consistent with Temecula Municipal Code§ 17.03.085, the revocation proceeding was held at a noticed public hearing before the State Office of Administrative Hearings with Administrative Law Judge Nye -Perkins presiding on August 31, 2022 and September 1, 2022. K. On or about October 19, 2022, Judge Nye -Perkins issued an order revoking the CUP. A copy of the Order is attached hereto as Exhibit "A" as if set forth in full herein. L. On February 21, 2023, the Planning Commission held a duly noticed public hearing as prescribed by law, at which time the City staff, representatives from CNC Puma, Zip Third Investments, LLC and interested persons had an opportunity to and did comment on whether the Planning Commission should confirm, modify or overrule the proposed Order issued by Administrative Law Judge Nye -Perkins. CNC Puma was represented by legal counsel James Penman of Milligan, Beswick, Levine & Knox, LLP; and Zip Third Investments was represented by Tyler Sherman of Cole Huber LLP and Rick Edwards of Rick Edwards, Inc. M. The Planning Commission after conducting the public hearing as prescribed by Temecula Municipal Code § 17.03.085 on February 21, 2023 adopted the findings of fact and conclusions of law issued by Judge Nye -Perkins in the October 19, 2022 decision revoking the CUP, subject to the following modifications, specifically finding that the permit holder of The Bank CUP is CNC Puma Corporation, and also finding that the property owner is Zip Third Investments who has property interest in the BANK CUP which runs with the land. N. The Planning Commission's decision was confirmed by the adoption of PC Resolution No. 2023-04 adopted on March 1, 2023. O. On April 11, 2023, the Temecula City Council heard the appeals filed by both Zip Third Investments and The Bank from the Planning Commission's granting of Resolution No. 2023-04 that confirmed the decision of the Administrative Law Judge to revoke the CUP subject to modification as to the nature of the CUP held by The Bank. A duly noticed public hearing as N prescribed by law and in accordance with Temecula Municipal Code § 17.03.085 was conducted. At the public hearing, CNC Puma was represented by legal counsel James Penman of Milligan, Beswick, Levine & Knox, LLP; and Zip Third Investments was represented by Rick Edwards of Cole Huber LLP. Section 2. Council Determination Upholding The Planning Commission Decision A. The City Council of the City of Temecula hereby upholds the decision of the Temecula City Planning Commission. By this action affirming the decision of the Planning Commission, the City Council is upholding and adopting the findings of fact and conclusions of law issued by Judge Nye -Perkins in the October 19, 2022 decision revoking the CUP, which is attached hereto as Exhibit "A" as if set forth in full, subject to the following modifications, finding that the permit holder of The Bank's CUP is CNC Puma Corporation, and also finding that the property owner is Zip Third Investments who has property interest in the BANK CUP which runs with the land. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 25th day of April, 2023. Zak Schwank, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2023- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 25th day of April, 2023, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS STATE OF CALIFORNIA In the Matter of the Revocation of Conditional Use Permit of: THE BANK, Respondent and ZIPTHIRD INVESTMENTS, L.L.C., Respondent OAH No. 2022051021 PROPOSED DECISION Debra D. Nye -Perkins, Administrative Law Judge, Office of Administrative Hearings (OAH), State of California, heard this matter by videoconference and by telephone on August 31, 2022, and on September 1, 2022. Jennifer Petrusis, Attorney at Law, represented complainant, the City of Temecula (the City). Thomas J. Callaway, Attorney at Law, represented respondent CNC Puma Corporation (CNC Puma), owner of The Bank (The Bank), a restaurant operating at 28645 Old Town Front Street, Temecula, California (the subject property) and tenant of the subject property. Elizabeth L. Martyn and Richard Edwards, Attorneys at Law, represented respondent Zip Third Investments, L.L.C. (Zip Third), owner of the subject property.' Oral and documentary evidence was received. The record remained open to allow the parties to submit written closing arguments, and the matter was closed and submitted for decision on September 19, 2022. FACTUAL FINDINGS Jurisdictional Matters and Background 1. In November 2007 CNC Puma submitted an application to the City for a Minor Conditional Use Permit (CUP) on behalf of The Bank for the purpose of "to upgrade to a type 47 liquor license." The CUP application was signed by Craig Puma on behalf of CNC Puma, d.b.a. The Bank, as well as the property owner at that time named Maureen Licata. 2. On January 3, 2008, the Director of Planning for the City approved the CUP application to upgrade from a Type 41 Alcohol Beverage Control (ABC) license ' At hearing the City asserted that Zip Third Investments, L.L.C., as the owner of the property at issue in this hearing, and CNC Puma Corp., the owner of The Bank, a restaurant leasing the subject property on which it operates, both have an interest in the Conditional Use Permit (CUP) at issue in this hearing. Because the CUP transfers with the property and because the CUP controls the operation of The Bank, both Zip Third Investments, L.L.C. and CNC Puma Corp. are permit holders and respondents in this matter. 2 (on -sale beer and wine — eating place) to a Type 47 ABC license (on -sale, general) authorizing the sale of beer, wine, and distilled spirits at The Bank subject to conditions of approval. Those conditions of approval included the following: (1) the applicant and owner of the real property agreed to indemnify the City for any actions arising from the CUP; (2) licensees may not permit the premises to become a disorderly house, which is defined as a premises that "disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc. and/or has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc., and the licensed premises includes the parking lot."; and (3) regular hours of operations shall be as follows: Monday through Thursday 11:00 a.m. to 10:00 p.m., Friday 11:00 a.m. to 11:00 p.m., Saturday 8:00 a.m. to 11:00 p.m., Sunday 8:00 a.m. to 10:00 p.m. On holidays the facility shall be allowed to close at midnight. The sale of alcoholic beverages shall cease at 10:00 p.m. Monday through Thursday and Sunday. The sale of alcoholic beverages shall cease at 11:00 p.m. on Fridays and Saturdays. The consumption of alcohol shall cease no later than one hour after closing. 3. On October 9, 2008, Craig Puma on behalf of CNC Puma, d.b.a. The Bank, as well as Maureen Licata as property owner, signed and submitted a minor modification to the CUP application to the City requesting a modification to the CUP "to extend hours to California law, according to ABC service until 2:00 a.m." meaning to request modification of the conditions to allow The Bank to serve alcohol on all days until 2:00 a.m. 4. On October 15, 2008, the City's planning department approved the minor modification to the CUP allowing service of alcohol on all days until 2:00 a.m. with 3 conditions, including that last call for service of alcohol shall occur at 1:30 a.m., and all other previous conditions of approval shall apply. 5. On February 27, 2012, Craig Puma on behalf of CNC Puma, d.b.a. The Bank, as well as Maureen Licata as property owner, signed and submitted a minor modification to the CUP application to the City requesting "the addition of a one person musical addition inside for background music (daily noon to 10 p.m.)." 6. On February 28, 2012, the City notified Craig Puma on behalf of CNC Puma, d.b.a. The Bank by letter signed by Stuart Fisk, Senior Planner, that the 2012 minor modification to the CUP application was approved and attached the Final Conditions of Approval to the letter. The Final Conditions of Approval included the following requirements: (1) indoor dinner entertainment consisting of one keyboard or other instrument played with one vocalist for the purpose of providing background music as permitted daily from noon until 10:00 p.m.; (2) regular hours of operations shall be as follows: Monday through Thursday 11:00 a.m. to 10:00 p.m., Friday 11:00 a.m. to 11:00 p.m., Saturday 8:00 a.m. to 11:00 p.m., Sunday 8:00 a.m. to 10:00 p.m. On holidays the facility shall be allowed to close at midnight. The sale of alcoholic beverages shall cease at 10:00 p.m. Monday through Thursday and Sunday. The sale of alcoholic beverages shall cease at 11:00 p.m. on Fridays and Saturdays. The consumption of alcohol shall cease no later than one hour after closing. 7. As detailed more below, beginning in March 2021, the City issued numerous citations to CNC Puma, d.b.a. The Bank for various violations of the Temecula Municipal Code (TMC), including for violating approved operational hours beyond 11:00 p.m., having excessive noise levels including with outside speakers over allowed noise levels, and failing to have a CUP for amplified music and live entertainment. The last citation was issued in July 2021. 12 8. Beginning in July 2021, the City issued numerous Civil Penalty Notice and Orders to CNC Puma, d.b.a. The Bank for violations of the TMC related to the CUP in place for violations as detailed below. The last Civil Penalty Notice and Order was issued by the City on August 20, 2022. 9. On August 20, 2021, Tom Cole, Field Supervisor — Code Enforcement for the City, sent a letter to Zip Third, "attn: Norman S. Sullivan" at the address for service of process listed with the California Secretary of State for Zip Third on Wilshire Blvd. in Los Angeles, California. The letter provided, in part, as follows: The purpose of this correspondence is to inform you that activities that are violating the Temecula Municipal Code are occurring at your property from the tenant operating as The Bank. Ongoing and current violations include the business being opened beyond the permissible operating time of 11:00 p.m. The City of Temecula Code Enforcement has been issuing, and will continue to issue, civil penalties for these violations. 10. By letter dated May 19, 2022, Luke Watson, Deputy City Manager for the City, notified CNC Puma, The Bank, and Amanda Moore, who is an officer of CNC Puma and manager of The Bank, that the City intended to revoke the CUP for the subject property based upon numerous violations of the CUP, citations, and civil penalties issued. The May 19, 2022, letter was carbon copied to owner of the subject property "Norman Sullivan" of Zip Third at the same address as the subject property in Temecula, but not to the address for service of process as listed by the California Secretary of State for Zip Third, which was on Wilshire Blvd. in Los Angeles. The May 19, 2022, letter was also carbon copied to "Maureen Licata" as the property owner. 5 11. On July 8, 2022, Jennifer Petrusis, counsel for the City, wrote a letter to Norman Solomon of Zip Third at that Wilshire Blvd. address in Los Angeles. The letter stated that Ms. Petrusis spoke with Mr. Solomon by telephone on July 1, 2022, regarding the City's intentions to revoke the CUP for the subject property because of the ongoing violations of the CUP as set forth in the numerous citations and civil penalties issued to The Bank. The letter also stated that Ms. Petrusis emailed a copy of the May 19, 2022, Notification letter from Deputy City Manager Watson. The July 1, 2022, telephone call was the first notification given to Zip Third that the City was moving forward to revoke the CUP. 12. On May 31, 2022, the City filed a request to set this hearing with the Office of Administrative Hearings, which included as the respondent The Bank, with notification to CNC Puma. However, the City failed to list Zip Third as a respondent, and provided no indication on the filing that Zip Third was notified of the request to set the hearing. As noted above, the first notice Zip Third received regarding this hearing for revocation of the CUP was the July 1, 2022, telephone call with Norman Solomon. Violations of the CUP, Citations, and Civil Penalties Issued 13. The City has issued 34 separate citations to The Bank over a five -month period beginning on March 5, 2021, with the last citation issued on July 24, 2021. Each of the citations were for violation of the permitted operating hours, with The Bank consistently operating past 11:00 p.m. on Friday and Saturday nights and selling alcoholic beverages to patrons after 11:00 p.m. on Friday and Saturday nights; as well as having excessive noise levels including with outside speakers over allowed noise levels, and failing to have a CUP for amplified music and live entertainment. The first citation issued on March 5, 2021, assessed a $50 penalty for the violations, the second 0 citation issued on March 6, 2021, assessed a $150 penalty for the violations, seven of the citations assessed a $250 penalty for the violations, one citation assessed a $300 penalty for the violations, one citation assessed a $400 penalty for the violations, and two citations assessed a $500 penalty for the violations. Respondent The Bank paid the City for the first 13 citations for total payments of $3,650, and paid an additional four citations (one citation dated May 7, 2021, for $250; another dated May 8, 2021, for $500; another dated July 2, 2021, for $500; and a final dated July 3, 2021, for $500) for total payments of $1,750. Accordingly, The Bank paid the City $5,400 for those 17 citations, but the remaining 18 citations were not paid by The Bank and remain delinquent. Of the 18 unpaid citations, 11 of those each assessed a penalty of $500, and the remaining seven of the unpaid citations each assessed a penalty of $250, for a total of $7,250 of unpaid assessments for the violations in those citations. None of these citations were contested by CNC Puma, d.b.a. The Bank. 14. The City has issued 109 Civil Penalty Notice and Order letters to CNC Puma, d.b.a. The Bank for the continuing violations of the CUP as set forth in each of the 34 citations discussed above. The first Civil Penalty Notice and Order was issued on July 27, 2021, and assessed a fine of $500 for the continued violations with daily accrual of civil penalties of $2,500 per day for any continued violations. The second Civil Penalty Notice and Order was issued on July 30, 2021, and assessed a fine of $750 for the continued violations with daily accrual of civil penalties of $2,500 per day for any continued violations. The third Civil Penalty Notice and Order was also issued on July 30, 2021, and assessed a fine of $500 for the continued violations with daily accrual of civil penalties of $2,500 per day for any continued violations. The eighth Civil Penalty Notice and Order was issued on August 8, 2021, and assessed a fine of $500 for the continued violations with daily accrual of civil penalties of $2,500 per day for any continued violations. All of the remaining 105 Civil Penalty Notice and Order 7 letters issued to The Bank assessed a fine of $1,000 each. According to the May 19, 2022, letter from Deputy City Manager Watson, The Bank paid the first 42 issued Civil Penalty Notice and Order fines totaling $40,250 with the remaining 67 Civil Penalty Notice and Order fines being unpaid and delinquent for a total of $67,000. However, only four of the 109 Civil Penalty Notice and Order documents indicate on their face that they have been paid, which would mean the total of fines paid is $3,500, with a remaining 105 Civil Penalty Notice and Order fines totaling $103,750 remaining unpaid and delinquent, which is consistent with the testimony of witnesses at the hearing. None of the Civil Penalty Notice and Orders were contested by The Bank. The City's Evidence 15. The City presented six witnesses at the hearing. The following factual findings are based on their testimony and related documents received in evidence. TESTIMONY OF LUKE WATSON 16. Luke Watson is currently employed by the City as the Deputy City Manager, a position he has held for about one year. Mr. Watson is also currently employed by the City as the Planning Director, a position he has held since 2015. His duties as the Deputy City Manager include the administration of all operations of the City. His duties as the Planning Director include oversight of Code enforcement, building safety, housing, and other duties. Mr. Watson has been an employee of the City since 2006 in various roles, including as Management Assistant, Analyst, Senior Planner, Community Development Director, Planning Director, and Deputy City Manager. 17. Mr. Watson explained that a CUP is a permit that must be acquired for a specific commercial use of property in the City for which there is potential for specific impacts that need to be addressed by the City. For example, a restaurant located in a properly zoned area for restaurant use does not need a CUP to operate. However, if that restaurant wants to add a liquor license to its operation, then a CUP is needed because of the potential impacts of the liquor license on the City. A CUP has specific conditions of approval that must be met for the specific commercial use of the property, which include requirements on that specific commercial use that the City has imposed to mitigate the impact of the commercial use. Those requirements may be specific hours of operation, entertainment parameters, or other limitations. 18. Mr. Watson further explained that the CUP application process requires that the CUP applicant, usually the business owner, as well as the property owner, sign the CUP application and submit it to the City. Thereafter, the City staff and the applicant "go back and forth over a few weeks" to "work through the specific conditions that need to be addressed in the permit." During this "back and forth" period, the applicant has an opportunity to challenge the conditions of approval. Once the applicant agrees to the conditions to be placed on the CUP, then the application will be addressed at a public hearing to be approved by the City. If the applicant is still not satisfied with the conditions to be placed on the CUP, the applicant can address that at the public hearing. After the City approves the CUP and its conditions at a public hearing, the applicant can still appeal that decision within 15 days of that approval as set forth in TMC 17.03.090. 19. Mr. Watson testified that the process to modify an existing CUP is similar to the original application to obtain a CUP. However, a minor modification to a CUP application does not require a public hearing. Instead, for a minor modification to a CUP, the City staff may approve the minor modification by administrative approval. If a major modification to a CUP is needed, then a public hearing may be required. 9 20. Mr. Watson testified about the specific CUP at issue in this matter. The original CUP application (application number PA-07-0314) was filed by Craig Puma on behalf of The Bank in 2007 and signed by the owner of the property at that time, Maureen Licata. The original CUP application sought to upgrade from a type 41 alcohol license (which allows for the sale of beer and wine at a restaurant) to a type 47 liquor license (which allows for the sale of beer, wine, and distilled spirits). The City had a public hearing regarding this original CUP application and thereafter granted the CUP application on January 3, 2008, with conditions of approval. Those conditions included condition number 13 that provides: Regular hours of operations shall be as follows: Monday - Thursday 11 a.m. to 10 p.m., Friday 11 a.m. to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8:00 a.m. to 10:00 p.m. On holidays (including Cinco De Mayo) the facility shall be allowed to close at midnight. The sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday. The sale of alcoholic beverages shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. (As amended at Directors Hearing on 1 /3/08). Craig Puma signed the "Acceptance of Conditions of Approval" for the original CUP on January 16, 2008. 21. Mr. Watson stated that after the issuance of the original CUP, Craig Puma, on behalf of The Bank, applied for two different modifications to the CUP. The 10 first minor modification application (application number PA-08-0236) was filed on October 9, 2008, for a request to extend the operating hours for the sale and consumption of alcohol for The Bank until 2:00 a.m. On October 15, 2008, the City approved the minor modification to the CUP with conditions by an administrative approval from the City staff. The final conditions of approval for the minor modification included the following: Regular hours of operation shall be as follows: Monday - Thursday 11 a.m. to 10 p.m., Friday 11 a.m. to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8 a.m. to 10 p.m. In the case that the restaurant manager would like to stay open past the regular hours of operation (stated above) he/she may be permitted to stay open until 2:00 a.m. When this occurs, alcoholic beverages may be served until 2:00 a.m. as consistent with the provisions of California State Law. "Last call" for alcohol service shall occur at 1:30 a.m. as consistent with California State Law. 22. The second minor modification to the CUP application (application number PA-12-0041) was filed by Mr. Puma with the City on February 2, 2012, to request to have live music inside The Bank daily from noon to 10:00 p.m. By letter dated February 28, 2012, the City, through the signature of Stuart Fisk, a Senior Planner with the City, provided an administrative approval of the second minor modification to the CUP application with final conditions of approval. The final conditions of approval included the following conditions: 11 Indoor entertainment consisting of one keyboard or other instrument played with one vocalist for the purpose of providing background music is permitted daily from noon until 10:00 p.m. IT] ... M Regular hours of operations shall be as follows: Monday - Thursday 11 a.m. to 10 p.m., Friday 11 a.m. to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8:00 a.m. to 10:00 p.m. On holidays (including Cinco De Mayo) the facility shall be allowed to close at midnight. The sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday. The sale of alcoholic beverages shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. (As amended at Directors Hearing on 1/3/08). Mr. Watson testified that the second minor modification of the CUP in 2012 changed the operating hours of The Bank back to those listed in the original CUP because the 2:00 a.m. operating hours were not included in the final conditions of the second minor modification of the CUP approved in 2012. Mr. Watson testified that the final conditions of the 2012 minor modification to the CUP superseded the first minor modification to the CUP in 2008. According to Mr. Watson, The Bank had 15 days to appeal the final conditions of the 2012 minor modification to the CUP from the February 28, 2012, date, but no such appeal was ever filed. Mr. Watson stressed that The Bank has never filed another minor or major modification to the CUP, and as a 12 result the 2012 minor modification of the CUP (PA-12-0041) with its final conditions provides the current operating hours allowed for The Bank. 23. Mr. Watson described the location of The Bank restaurant in Temecula, which is in the Old Town portion of Temecula, in the "center of town." He stated that the location of The Bank is "the premier commercial intersection in the City located half a block from City Hall." Old Town is a historic district of Temecula dating back to the 1800's. The Bank is located in a "mixed use" environment that is "walkable," and generally a tourist area with some offices, some residential homes, and 24 restaurants. Old Town also includes a theater and history museum, and is a primary location for special events, and is a commercial and entertainment hub for Temecula. 24. Mr. Watson stated that he recommended that the CUP at issue in this matter be revoked because for more than one year The Bank had been violating the final conditions of the CUP with regard to operating hours, noise ordinance violations, and had a pattern of numerous assaults, batteries, drunkenness, disorderly conduct, and serious violent crime associated with The Bank. Mr. Watson first became aware that The Bank was violating the operating hours allowed in the CUP in the Summer of 2021 when the Temecula Police Department and Code Enforcement informed him of that violation. Mr. Watson stated that when the City first learned of The Bank's violation of its approved operation hours, the Code Enforcement team, Temecula Police Department, and Temecula Fire Department, all attempted to discuss the problem with the owners of The Bank to get voluntary compliance with the approved business hours. When the voluntary compliance from The Bank did not happen, the City then started issuing notices of violation, which happened for "some time" as an attempt to get The Bank to comply with required operating hours. When The Bank continued to violate the approved operating hours, the City then began issuing 13 administrative citations, which also continued for "some time." When The Bank continued to violate the approved operating hours, the City began issuing Civil Penalties up to $1,000 per day in an effort to get The Bank to comply. The City continued its efforts to get The Bank to comply with approved operating hours for over one year but was not successful. To date The Bank has not complied with the approved operating hours of the CUP, and The Bank has not submitted any application to modify the CUP to change its hours of operation. Zip Third has also not applied to modify the current CUP for any purpose. 25. Mr. Watson wrote a letter dated May 19, 2022, summarizing all of the citations and civil penalties issued against The Bank, and notifying The Bank of the City's intention to revoke the CUP based upon the violations of approved operating hours and approved hours for sale of alcohol, as well as violations of condition 28 (c) of the CUP that provides that the CUP holder must not allow the licensed premises to become a "disorderly house," meaning a licensed outlet (including the parking lot) that disturbs neighbors with noise and loud music, and/or has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics etc. Regarding the disorderly house allegations, the May 19, 2022, letter provided as follows: It has been the experience of the Riverside County Sheriff's Department that there have consistently been numerous instances of disturbances, assaults, batteries, public intoxication, and other crimes on The Bank's premises and in the immediate vicinity of The Bank. In January 2022, there was a shooting on The Bank's premises in which a former employee of The Bank was killed and two other individuals were seriously injured. The shooting occurred 14 approximately an hour after The Bank should have been closed for the evening, yet The Bank was still operating in violation of Condition 12 of PA12-0041. The former employee and victim of the shooting had been involved in a physical altercation at The Bank months before the shooting. According to the Riverside Sheriff's Department, The Bank used unlicensed security guards, some of which had criminal backgrounds, and this decision to use unlicensed security guards contributed to the criminal activity at The Bank. Mr. Watson sent this May 19, 2022, letter notifying that the City intends to revoke the CUP to CNC Puma, d.b.a. The Bank to their agent for service of process, Craig Puma, Amanda Moore, Maureen Licata, and to Zip Third at "attn: Norman S. Soloman" at the address of The Bank located in Temecula, CA. The May 19, 2022, letter was not sent to Norman Soloman at his Wilshire Blvd. address, which is the listed address for service of process for Zip Third. 26. Mr. Watson admitted that the May 19, 2022, letter was not sent to Normal Solomon at the listed address for the agent for service of process for Zip Third, which is Mr. Solomon's Wilshire Blvd. address. However, the May 19, 2022, letter was included as an attachment to the July 8, 2022, letter from Jennifer Petrusis to Norman Solomon notifying Zip Third of the City's intent to revoke the CUP. Additionally, Mr. Watson noted that on August 20, 2021, Tom Cole, a Field Supervisor from the City's Code Enforcement, sent a letter to Zip Third at the proper address for the agent for service of process at the Wilshire Blvd. address regarding The Bank's activities violating the TMC. 15 27. Mr. Watson stated that the approved hours of operation in the CUP were chosen in order to mitigate the negative impacts of the sale of distilled spirits alcohol. He stated that the later the hours of operation, the worse the negative impacts of the sale of alcohol. Mr. Watson testified that most of the criminal activity in the vicinity of The Bank has occurred after The Bank was supposed to be closed pursuant to the approved operating hours of the CUP. With regard to the criminal activity, in late 2020 the City established a Metro Team Plus to police the Old Town district, which included 10 sheriff's deputies, Code Enforcement officers, and Fire Department inspectors. The Metro Team Plus performs "sweeps" of the Old Town area and visits all businesses. As a result of the formation of the Metro Team Plus, voluminous information regarding the activities in the Old Town area have been collected. The Metro Team Plus reports back to the City and Mr. Watson on a weekly basis to provide information regarding those activities. 28. Mr. Watson described the criminal activity in the vicinity of The Bank that is a basis for the reason to revoke the CUP in this matter. He stated that there were two incidents of shootings that were particularly concerning. Specifically, in November 2021 in the parking lot adjacent to The Bank after The Bank was closed, a man was shot in the leg and survived. In January 2022, a former employee of The Bank was shot and killed on the doorstep of The Bank, and two other people were shot and seriously injured inside of The Bank. During the 17 years that Mr. Watson has worked for the City, he is aware of only four shootings total occurring in the City during that time. In addition to the shootings described above, there have been numerous fights and brawls in and near The Bank over the past year, including one incident occurring about one month prior to this hearing where at 2:00 a.m. in a parking lot the assailants in a fight were confronted by police and scattered. As a result of the assailant's scattering, 16 one person jumped over a fence and fell 50 feet breaking both of his legs. The Fire Department had to rescue that individual at the creek, which used considerable City assets. Furthermore, there have been numerous incidents of public intoxication, public urination, vomiting, and other "disorderly conduct that has been the hallmark of the operations of The Bank over the last year plus." Mr. Watson stated that The Bank has been overserving alcohol to its patrons causing the public intoxication and other disorderly conduct issues. Additionally, he stated that many of the security personnel at The Bank were "not professionals," "not licensed," and were "instigating or escalating things." He stated that the Metro Team Plus police have witnessed numerous patrons being overserved alcohol at The Bank and coming out drunk and in some cases vomiting. All of these issues have created a violation of the CUP by being a "disorderly house." 29. Mr. Watson also testified that The Bank has been violating the CUP with regard to noise violations. He stated that the CUP provides permission for The Bank to have "indoor dinner entertainment consisting of one keyboard or other instrument played with one vocalist for the purpose of background music" daily from noon until 10:00 p.m. However, The Bank has been having a D.J. with speakers pointed into the street intersection producing very loud and excessive noise that is beyond that permitted by both the CUP and by the City noise ordinances. This noise problem has created significant impacts to surrounding businesses, which have complained to the City. Multiple citations and civil penalties were issued to The Bank for these noise violations, but they continue to occur. 30. Mr. Watson stated that nobody from The Bank ever reached out to the City regarding the noise violations or crime. However, with regard to the operating hours, Craig Puma and Amanda Lane both contacted Mr. Watson about one year ago 17 by email asserting that the operating hours in the CUP were incorrect, and they requested that the operating hours be changed to allow The Bank to operate until 2:00 a.m. Mr. Watson had one conversation with each of them to explain the operating hours allowed by the applicable CUP, and that they must file a modification application to the CUP to change the approved operating hours to allow The Bank to remain open until 2:00 a.m. Notably, no person or entity on behalf of CNC Puma, d.b.a. The Bank or Zip Third ever filed a modification application to make that change. 31. Mr. Watson stressed that since the Metro Team Plus has been established, these violations from The Bank have been brought to the attention of the City and numerous citations and civil penalties have been issued to The Bank. However, other businesses in Old Town have also had violations resulting in citations and civil penalties. Mr. Watson stated that those businesses "are being addressed." He stressed that the City is not singling out The Bank for revocation of the CUP, as opposed to enforcing against other businesses. Mr. Watson admitted on cross- examination that in the past 10 years the City has not revoked any other CUP for a business. 32. Mr. Watson also stated that if the CUP is revoked, he is not sure if The Bank will comply because "they have not listened to the City yet." He stated that if the CUP is revoked, then the property will be governed by the specific city plan for Old Town, which allows for use as a restaurant with a type 41 alcohol license to sell beer and wine. 33. Mr. Watson also admitted on cross-examination that he never reached out to Zip Third in an effort to address the violations of the CUP and City ordinances committed by The Bank. In TESTIMONY OF TOM COLE 34. Tom Cole is currently employed as a Field Supervisor for the Code Enforcement department of the City. He has worked full-time for Code Enforcement in the City since 1997 and has been employed by the City since 1992. Since 1997 he worked as a Code Enforcement I officer, then as a Code Enforcement II officer, then as a Senior Code Enforcement officer, and finally in his current position as a Field Supervisor. His duties as a Field Supervisor include enforcement of the City's rules, regulations and municipal code to ensure proper property maintenance and quality of life issues for City residents. His duties have remained the same since 2012. 35. Mr. Cole explained that code enforcement cases in the City typically arise from a complaint, which is then verified by investigation. Thereafter, the City issues a notice of violation, such as a warning. If compliance is not obtained, then the City moves forward with issuing an administrative citation. If compliance is still not obtained the City then moves forward with issuing civil penalties. If compliance is still not obtained, then the matter is referred to the City attorney. He stated that an administrative citation has a smaller dollar amount for the fine, than does a civil penalty. The City instituted the civil penalties in order to obtain compliance for businesses that simply pay the lesser fines for the citations as a "price of doing business." Regardless, the citations and civil penalties are simply tools used by the City to get the business to comply. 36. Mr. Cole explained that the City Code Enforcement department does not patrol the streets for code violations, but instead the City "is reactive" and "responds to complaints only." He stated that the City is "seldom proactive," and as a result it is possible that an individual or business could be violating a CUP for a while before the Code Enforcement department would know about it. 19 37. Mr. Cole is familiar with The Bank and has personally issued all of the citations and all of the civil penalties against The Bank at issue in this matter. Since March 2021 Mr. Cole has gone out with the Metro Team in Old Town every Friday and Saturday night and on each of those occasions has observed The Bank operating well beyond the hours of operation approved in the CUP. Mr. Cole has observed The Bank operating past 11:00 p.m. and serving alcohol to customers inside The Bank well past the approved operating hours. He has also observed customers of The Bank falling down from intoxication and vomiting. On two occasions he observed people trying to pick a fight with the Temecula Police officers after 11:00 p.m. Mr. Cole stated that the operating hours of The Bank first came to the attention of the Code Enforcement department because of a complaint from the Temecula Police Department. Mr. Cole first became aware of The Bank operating outside of its approved operating hours in the CUP in March 2021 when he began walking with police officers and observing the businesses in Old Town. Mr. Cole stated that most of the civil penalties and citations he issued to The Bank were for violations of the CUP's approved operating hours. However, he also cited other violations, such as noise violations. 38. With regard to the noise violations, Mr. Cole explained that when he observed The Bank operating past the approved operating hours in the CUP, he also observed customers of The Bank drinking, and dancing to very loud music provided at The Bank by a live D.J., along with lights. Mr. Cole explained that the TMC provides that a permitted noise level for a business in Old Town is 70 decibels. During his visits to The Bank, Mr. Cole checked the noise level with a hand-held decibel reader, which is calibrated once per year. He would go to the adjacent property to The Bank and use the decibel reader to observe the sound levels emanating from The Bank. When the D.J. was observed playing after approved hours, Mr. Cole measured the decibel levels at 95 decibels on numerous occasions. He stated that he tried to be lenient when the 20 decibel reading was 80 decibels, but if the reading was 90 decibels or above, he would issue a citation to The Bank. Mr. Cole stated that he gave warnings to The Bank prior to issuing any citations for noise violations. Many of the citations issued by Mr. Cole to The Bank were simply paid by The Bank and were never appealed. Mr. Cole testified that the last citation he issued for noise violations from The Bank was on July 3, 2021. He stated that on that day he spoke directly with the contracted D.J., as well as issued a personal citation to that D.J. for noise violations, and he requested that the D.J. resolve the noise issue. The following week the noise issue was resolved, and Mr. Cole has not had noise issues from The Bank on the weekend since that time. However, Mr. Cole thereafter started receiving noise complaints regarding The Bank on Sundays. Accordingly, Mr. Cole started going to The Bank on Sundays to monitor the noise levels. Mr. Cole issued two citations for those Sunday noise violations. According to Mr. Cole, "it took them a few weeks to realize that I went there on Sundays, but after they realized that, the noise abated." 39. Mr. Cole has had conversations with the manager of The Bank, Amanda Lane (previously Amanda Moore), on about five occasions over an 18-month period regarding The Bank's violations of the approved hours of operation in the CUP. During those conversations Ms. Lane has never informed Mr. Cole that she will comply with the permitted operating hours, and Mr. Cole continued to issue citations and civil penalties. Mr. Cole testified that The Bank has paid over $30,000 in fines for both citations and civil penalties to date, and approximately $150,000 of fines from the issued citations and civil penalties remains unpaid. 40. Mr. Cole has had approximately ten conversations with Craig Puma because Mr. Puma is on the Old Town Review Board. Of those ten conversations, only one of the conversations was regarding The Bank's violations of the approved 21 operating hours of the CUP, and it took place sometime between March and June of 2021. Mr. Cole described Mr. Puma as an "absentee owner" of The Bank because Mr. Cole never sees Mr. Puma at The Bank now but would previously see Mr. Puma there before Ms. Lane became manager. According to Mr. Cole, during that one conversation Mr. Puma disagreed with the City's interpretation of the approved operating hours in the CUP. 41. Mr. Cole has never had a conversation with anyone from Zip Third. However, Mr. Cole did send a letter to Zip Third on August 20, 2021, by regular mail to the address he obtained from the California Secretary of State for the agent for service of process for Zip Third, which was Norman Solomon at the Wilshire Blvd. address. Mr. Cole stated that he mistakenly addressed the letter to Norman Sullivan of Zip Third instead of Norman Solomon, but the letter was sent to the correct address and was clearly marked as being addressed to Zip Third. Mr. Cole never received a response to this letter, and he has never been contacted by anyone at Zip Third regarding the violations that occurred at The Bank. Beginning on August 20, 2021, Mr. Cole also sent about 97 different civil penalty letters to Zip Third addressed to Norman Solomon at the Wilshire Blvd. address from the California Secretary of State by regular mail. None of those 97 civil penalty letters were returned to the City as undeliverable. Additionally, no person from Zip Third has ever reached out to Mr. Cole regarding those civil penalty letters. TESTIMONY OF SERGEANT JOSHUA HEPHNER 42. Sergeant Joshua Hephner is currently employed by the Riverside County Sheriff's Department serving the City of Temecula. He explained that the sheriff's deputies serving the City of Temecula are commonly referred to as the Temecula 22 Police Department. Sergeant Hephner has been a peace officer since 2010 and has worked in the City since December 31, 2020. Sergeant Hephner worked from 2017 to 2020 for the Moreno Valley station in the gang enforcement unit and has been designated by California courts as a gang expert. Sergeant Hephner is currently assigned to the City's Metro Team policing the Old Town area, and he joined the Metro Team in October 2021. However, he has policed the Old Town area since he started working at the City. 43. Sergeant Hephner testified that "problems," such as fights, disturbances, driving under the influence (DUI), and overserving alcohol, began occurring "around the COVID pandemic." Specifically, he stated that a lot of other cities shut down their bars, restaurants and other night life because of COVID. The City opened up it bars, restaurants, and other night life sooner than most other cities resulting in an influx of people coming from outside the Temecula area into Old Town, which caused issues. Sergeant Hephner stated that during that time Old Town received a large number of "a mix of people" from different areas and backgrounds, which resulted in arrests for fights, disturbances, public intoxication, DUI, and other crimes. In March 2021 the City formed the Metro Team, consisting of seven sheriff deputies and one sheriff corporal, as well as one motorcycle officer and one community service officer, to provide a safer environment for Old Town. He stated that the Metro Team would go out in Old Town on Wednesdays through Saturdays from 3:00 p.m. to 3:00 a.m. He testified that after 9:00 p.m. or 10:00 p.m. the Old Town area "morphs into a nightclub atmosphere." 44. Sergeant Hephner is familiar with The Bank because shortly after the Metro Team formed in March 2021, a former sergeant noticed problems related to overserving of alcohol at The Bank and resulting disturbances caused by fights, public intoxication etc. He stated that there were also complaints from citizens that the 23 security at The Bank was "heavy handed." Sergeant Hephner has personally observed the overserving of alcohol to customers at The Bank, as well as intoxicated customers becoming belligerent and starting fights, even leading up to a homicide. Sergeant Hephner stated that there was one homicide that occurred on Sunday, January 9, 2022, at 10:40 p.m. at The Bank involving an ex -employee of The Bank, who had worked at The Bank as a security guard. The homicide was a shooting of that employee that occurred on the patio of The Bank, and at least three other individuals were also shot and injured. Sergeant Hephner was familiar with the individual killed on January 9, 2022, because he had interactions with that individual when he worked as a security guard at The Bank. Specifically, there was one incident when the individual killed on January 9, 2022, had violently assaulted a person on the dance floor of The Bank by hitting the person and making them unconscious requiring hospitalization. Sergeant Hephner stated that the individual killed on January 9, 2022, had a criminal history and was on probation for a felony conviction at the time he worked at The Bank. Sergeant Hephner testified that on January 13, 2022, there was a candlelight vigil outside of The Bank for the homicide victim, and Sergeant Hephner spoke to an individual at the vigil. That person gave Sergeant Hephner false information regarding his identity. Sergeant Hephner "figured out" who that person was and discovered that the person had a loaded gun inside a fanny pack on his person and had a prior felony conviction. The person was arrested for being a convicted felon in possession of a firearm. Sergeant Hephner stated that this type of proactive enforcement arrest potentially prevented another homicide. Another shooting occurred in November 2021 when some patrons at The Bank were celebrating a birthday and got into a verbal altercation. The patrons walked 24 outside of The Bank about 50 to 100 feet onto the sidewalk, and the shooting occurred with the victim being taken to the hospital. 45. Sergeant Hephner has also witnessed a laundry list of incidents related to The Bank. He stated that when deputies stop individuals who ultimately get arrested for DUI, on many occasions they tell the deputies that they are coming from The Bank. While those individuals arrested for DUI also come from other locations, many times they state that they were at The Bank prior to driving. Sergeant Hephner has observed several assaults per night happening in front of deputies and in front of The Bank. Sergeant Hephner has also observed on many occasions the security guards at The Bank push individuals, who are fighting, away from The Bank and into the street in order to get them away from The Bank. He also frequently sees public intoxication either in front of The Bank or down the street from The Bank. When he arrests someone for public intoxication, he asks where they are coming from and frequently, they say The Bank. Most of the incidents he describes occur after 11:00 p.m. with the vast majority of those incidents occurring closer to midnight to 2:00 a.m. Sergeant Hephner has personally observed The Bank remain open after 11:00 p.m. every weekend. 46. Sergeant Hephner stated that he has had concerns regarding the security guards employed by The Bank because some of those security guards have criminal records, don't go through the proper procedures to obtain a license as a security guard, and were "antagonizing." Sergeant Hephner described an incident when deputies were investigating the November 2021 shooting on the sidewalk in front of The Bank. Specifically, one of the witnesses to the shooting was a security guard employed by The Bank and whom Amanda Lane only knew by the moniker "Venom" or "Virus." Ms. Lane either could not or would not give the deputies the real name of 25 the security guard. When deputies asked him for his real name, the security guard refused to give it to them, and the security guard was uncooperative with them. Sergeant Hephner testified that when he hears of monikers like "Venom" or "Virus" the first thing that comes to mind are gang members who utilize such monikers, and he believes that the security guard was a gang member. He also testified that it is critical that the sheriff deputies get full cooperation from the businesses in Old Town when investigating crimes. Sergeant Hephner also stated that having security guards with criminal records tends to attract other people with criminal records to The Bank causing more problems. TESTIMONY OF STUART FISK 47. Stuart Fisk is employed by the City as a Planning Manager, and in 2012 he worked for the City as a Senior Planner. Mr. Fisk was involved in the issuance of the 2012 minor modification application for the CUP at issue in this matter. Mr. Fisk was responsible for processing the approval documents for the 2012 minor modification application that ultimately resulted in the CUP applicable for The Bank today, and at issue in this hearing. Mr. Fisk testified that with regard to the CUP that sets forth the approved final conditions for the operation of The Bank, there was an initial CUP application in 2007, there was a minor modification application to that CUP in 2008, and there was a 2012 minor modification application to the CUP that was approved and set forth the approved conditions for operation that continue to be in effect today. Mr. Fisk stressed that there were no other modifications to the CUP at issue in this hearing. Mr. Fisk testified that in 2009 The Bank wanted to expand their ability to sell alcohol on their patio, which required a delineation of those areas by some type of railing. He stated that the City accomplished this request by modifying the development plan to show on the site plan for the property where the fencing would 26 go along Front Street. However, he stressed that this 2009 modification to the development plan was not a modification of the CUP and had nothing to do with the CUP. 48. Mr. Fisk stated that in 2012 Patrick Richardson was the Director of Planning for the City and was also Mr. Fisk's supervisor. Mr. Fisk noted that Mr. Richardson was responsible for approving or denying a minor modification to the CUP application by an administrative approval or denial. When Mr. Puma filed the 2012 minor modification to the CUP application, Mr. Fisk met with Mr. Richardson in Mr. Richardson's office to review the original CUP, the approved 2008 minor modification to the CUP, and the 2012 minor modification application. According to Mr. Fisk, Mr. Richardson was not comfortable with the change of the hours of operations as set forth in the approved 2008 minor modification to the CUP. Mr. Fisk stated that the 2008 minor modification application to the CUP was approved by a different Director of Planning for the City, a person who had the job prior to Mr. Richardson. Mr. Richardson expressly stated to Mr. Fisk that he would approve the 2012 minor modification application only if the hours of operations for The Bank was set back to that provided in the original 2007 CUP. Mr. Richardson instructed Mr. Fisk to change the approved hours of operation for The Bank to what was set forth in the original 2007 CUP, and Mr. Fisk did so himself. Mr. Fisk stressed that the approved conditions for the 2012 minor modification of the CUP were not accidental or any sort of clerical error but were instead purposely selected. Mr. Fisk testified that Mr. Richardson told him that Mr. Richardson had been in touch with Mr. Puma regarding the 2012 minor modification application, but Mr. Richardson did not tell Mr. Fisk the nature or substance of those communications. 27 49. When the final 2012 minor modification application to the CUP was approved by the City, Mr. Fisk provided Mr. Puma with the approval letter, as well as the attached final conditions of approval, which included the hours of operation being reverted back to what they were in the original 2007 CUP. Neither Mr. Puma nor anyone from The Bank ever contested the conditions of approval for that 2012 minor modification to the CUP application. TESTIMONY OF JOHN CARRINGTON 50. John Carrington is currently employed as a private investigator and was retained by the City to perform an undercover investigation of The Bank. Mr. Carrington has been to The Bank on one occasion on July 10, 2022, which was a Sunday, to perform the undercover investigation. He arrived at The Bank at 7:15 p.m. and went inside The Bank at about 8:00 p.m. Mr. Carrington stayed at The Bank until about 11:00 p.m. that day and when he left The Bank was still operating. Mr. Carrington noted that he saw The Bank sell six shots of tequila to a patron that night at 10:39 p.m. During the time Mr. Carrington was at The Bank he purchased three alcoholic beverages including one shot of tequila at 10:03 p.m. Mr. Carrington testified that there was a D.J. playing music at The Bank that night. 51. At about 11:00 p.m. Mr. Carrington went outside of The Bank with the intention of taking decibel readings with his iPhone and then returning to The Bank for further observation. However, when he went outside, he was approached by two individuals, whom he recognized as security guards from The Bank. He knew that these two individuals were security guards from The Bank because he saw them inside The Bank wearing security shirts. According to Mr. Carrington, the two individuals threatened to "beat him up" if he did not give them his mobile phone. The security guards accused him of taking photographs inside The Bank and demanded to see his iPhone. Mr. Carrington refused to give his phone to the two individuals. After this interaction Mr. Carrington did not enter The Bank again. However, he did take four different decibel readings of the noise outside of The Bank with his iPhone with the highest readings being 87, 83 and 80 decibels. Mr. Carrington stated that he plays in a band and frequently utilizes this particular application on his iPhone to take decibel readings. Mr. Carrington finally left the area of The Bank at about 11:25 p.m. 52. At the time Mr. Carrington left The Bank at 11:25 p.m., The Bank was still operating and selling alcohol. TESTIMONY OF JEFFREY BRIAN LETOURNEAU 53. Jeffrey LeTourneau is currently employed as a private investigator and was retained by the City to conduct an undercover investigation at The Bank. Mr. LeTourneau was tasked by the City to go to The Bank to monitor the hours of operation and the noise levels outside of The Bank during operation. Mr. LeTourneau went to The Bank on three occasions, namely on July 13, 2022, on July 20, 2022, and on July 27, 2022. On July 13, 2022, he arrived at The Bank with his partner at 7:30 p.m. for an event called "Quality Dance Party," which he described as a "toned down drag show," where the performers were lip syncing along with speakers playing music near the dance floor. The event ended at about 11:50 p.m. that night. Mr. LeTourneau walked out of The Bank on July 13, 2022, to go across the street to take a noise reading, and he and his partner ultimately left The Bank that night at 12:20 a.m. Mr. LaTourneau stated that The Bank closed operations that night at midnight. He stated that The Bank continued to serve alcohol to customers after 10:00 p.m. that night, and Mr. LaTourneau purchased two beers at The Bank after 10:00 p.m. that night. 29 On July 20, 2022, Mr. LaTourneau and his partner went to The Bank at 7:15 p.m. for a drag show and they ultimately left The Bank at 12:50 a.m. The live entertainment that night at The Bank was a drag show with lip syncing performers utilizing recorded music with speakers. The drag show that night lasted from 9:15 p.m. to 10:45 p.m. On July 20, 2022, The Bank stopped its operations at 12:35 a.m. The Bank continued to serve alcohol to its customers on July 20, 2022, after 10:00 p.m. and Mr. LaTourneau purchased two beers after 10:00 p.m. that evening. On July 27, 2022, Mr. LaTourneau arrived at The Bank at 8:15 p.m. and left The Bank that night at 12:15 a.m. The entertainment at The Bank that evening were two male dance performers with recorded music. The entertainment that evening at The Bank started at 10:45 p.m. and ended at 11:30 p.m. The Bank closed its operations that night at 12:15 a.m. The Bank served alcohol to customers that night after 10:00 p.m. and Mr. LaTourneau purchased beers that evening from The Bank after 10:00 p.m. The Bank's Evidence 54. CNC Puma, d.b.a. The Bank, presented two witnesses at the hearing. The following factual findings are based on their testimony and related documents received in evidence. TESTIMONY OF CRAIG PUMA 55. Craig Puma is part owner of CNC Puma, d.b.a. The Bank. Mr. Puma stated that CNC Puma, is a corporation started in 2007 by himself for purpose of the ownership and operation of The Bank, and that CNC stands for Craig and Cristy Puma. Christy Puma is now Craig Puma's ex-wife, but at that time was his wife. Mr. Puma was originally the president of CNC Puma, but he is now a board member. Mr. Puma no longer has any involvement in the day-to-day operations of The Bank other than as a 30 consultant when his assistance is needed. Mr. Puma was actively involved in the day- to-day operations of The Bank up to the time Mr. Puma and his now ex-wife sold a partial ownership interest in CNC Puma to Amanda Lane and Ryan Parent on February 27, 2020. 56. Mr. Puma was also a member of the Old Town local review board appointed by the Temecula mayor for nine years. Mr. Puma worked with the Director of Planning for the City for nine years during that time. 57. Mr. Puma is the person who filed the original 2007 CUP application, the 2008 minor modification application to the CUP, and the 2012 minor modification application to the CUP for The Bank. Mr. Puma filed the 2007 CUP application in order to upgrade from a type 41 alcohol license (which allows beer and wine sales) to a type 47 alcohol license (which allows for sale of beer, wine, and distilled spirits). The type 41 and 47 alcohol licenses are issued by the State agency of Alcohol Beverage Control (ABC) and not the City. 58. After the 2007 CUP was approved by the City with the final conditions including that the hours of operation as set forth above, Mr. Puma thereafter in 2008 filed a minor modification application to the CUP to request that the hours of operation of The Bank be extended to 2:00 a.m. with last call for alcohol at 1:30 a.m. The 2008 minor modification application to the CUP was approved within a week or two and was "not real complicated." Mr. Puma understood that the 2008 minor modification to the CUP allowed The Bank to operate until 2:00 a.m. 59. Mr. Puma thereafter went into the City and filed the 2012 minor modification application to the CUP to request background music for lunch and dinner crowds at The Bank. Mr. Puma testified that he submitted the 2012 minor modification 31 application, paid the $300 fee for the application, and a couple of days later Mr. Puma received the approval for the 2012 minor modification application. Mr. Puma testified that there was no discussion with anyone at the City regarding the operating hours of The Bank at the time he filed the 2012 minor modification application. When Mr. Puma received the approval for 2012 minor modification application for the CUP, he "saw that it had the addition of music," and he kept a copy of the approval at the bar of The Bank. Mr. Puma testified that at the time he received that approval it was his understanding that he still had approval to operate The Bank until 2:00 a.m. Mr. Puma testified that he did not "catch it" that the 2012 minor modification approved hours had changed back to that of the original 2007 CUP. Mr. Puma testified at the hearing, "it was obvious to me that the City made an honest mistake [on the 2012 minor modification approval] and copied and pasted the wrong CUP — the 2007 CUP and not the 2008 CUP — and I did not catch it at the time." Mr. Puma stated that he believes that the City staff mistakenly copied and pasted the operating hours from the 2007 CUP into the 2012 minor modification to the CUP instead of using the proper 2008 minor modification to obtain those hours. Mr. Puma stated that he did not read the 2012 minor modification application of the CUP approved terms, and he did not ever request an appeal of the approved terms of that 2012 minor modification. He also never submitted another minor modification application to modify the CUP. 60. After the 2012 minor modification to the CUP was approved, Mr. Puma continued to operate The Bank up to 2:00 a.m. because he understood that he had approval to do so. Mr. Puma continued to operate The Bank until 2:00 a.m. until he sold a portion of CNC Puma in February 2020. During that time frame, Mr. Puma operated The Bank until 2:00 a.m. He stated that sometimes he would close The Bank 32 at 1:00 a.m. because he was "getting a crowd" he did not want because most of those people were getting kicked out of other places. However, he mostly stayed open until 2:00 a.m. on the weekends during that period of time with no complaints from the City regarding those hours of operation. 61. In early 2021 Amanda Lane, part owner and the current manager of The Bank, called Mr. Puma and asked about the approved hours of operation in the CUP. Mr. Puma told her that a copy of the 2012 minor modification approval of the CUP was at the bar of The Bank. Ms. Lane told Mr. Puma that "they did a cleaning and threw it away because they did not know what it was." Ms. Lane told Mr. Puma that the City had contacted her about the approved operating hours. In an effort to obtain clarification, Mr. Puma emailed Luke Watson in February 2021 requesting clarification of the approved operating hours for The Bank. In the email, Mr. Puma wrote, in part, as follows: In 2012 we applied for a Minor Mod to allow us to have indoor music. At that time, I believe and [sic] error was made and the hours were taken from the original Conditions, requiring we close at 10pm during the week and 11 pm on Friday and Saturday except for Cinco De Mayo and other holidays. We continued to stay open until tam since. For a brief period, in 2016, I believe, Christy and I made the decision to close at lam. Last call was at 12:30am. That was our choice due to the town getting a bit crazy after lam. We have never been told to close before tam and we have always been responsible business owners.... 33 Mr. Puma testified that Mr. Watson responded by providing the currently approved operating hours in the 2012 minor modification to the CUP. Mr. Puma then reached out to ABC to obtain a copy of the 2008 minor modification to the CUP showing that the approved hours at that time were until 2:00 a.m. Mr. Puma testified that he was trying to work with the City to "fix the issue" because the operating hours in the current CUP "were obviously wrong because we never discussed any change to the operating hours." On March 3, 2021, Mr. Puma emailed a copy of the 2008 minor modification to the CUP to Mr. Watson with the statement, "I'm not sure why you don't have these conditions in the file for The Bank, but here's a copy for you." Mr. Puma admitted that he has had no further communications with the City regarding the approved operating hours for The Bank since this email. 62. Mr. Puma admitted on cross-examination that he is aware that CNC Puma has paid the City thousands of dollars in fines for the citations discussed above. However, he also admitted that he has never appealed any of those citations, but believed that Ms. Lane was doing so because she told him she was "fighting the citations." However, he also admitted that he was not aware of exactly what Ms. Lane was doing to "fight the citations." He stated he is not aware of any person submitting an appeal document to the City for any of the citations or civil penalties. 63. With regard to the use of a D.J. as entertainment at The Bank, Mr. Puma testified that he did not believe he needed a modification to the CUP to have a D.J. because he does not believe that a D.J. is live entertainment and is instead just a recording. With regard to drag shows, Mr. Puma stated that he believes a drag show complies with the approved condition of the 2012 CUP approving indoor music with one instrument and one vocalist because it is "indoor live entertainment." He admitted 34 that the live entertainment was approved to happen during dinner, and he simply stated that drag shows are "not his thing." 64. Mr. Puma admitted that he never talked to Norman Solomon or anyone else from Zip Third about the citations or civil penalties discussed above. Mr. Puma testified that the last conversation he had with Norman Solomon was to inform him that Mr. Puma would be moving out of the country, and that Ms. Lane and Ryan Parent would be dealing with the day-to-day operations of The Bank and would be communicating with Mr. Solomon. 65. Mr. Puma testified that he is aware that CNC Puma filed for Chapter 11 bankruptcy sometime after February 2020. He was not aware of exactly when or the specifics because "that was done by Amanda and Ryan." TESTIMONY OF AMANDA NICOLE LANE 66. Amanda Lane, formally known as Amanda Moore, is one of the owners of CNC Puma, d.b.a. The Bank, acts as the President and C.E.O. of CNC Puma, d.b.a. The Bank, and is the day-to-day manager of The Bank. She has held these positions since February 27, 2020, when she and Ryan Parent took partial ownership of CNC Puma, d.b.a. The Bank. Ms. Lane testified that there are currently four owners of CNC Puma, d.b.a. The Bank, namely herself, Craig Puma, Christy Puma, and Ryan Parent. Her duties are oversight of all operations of the restaurant, including scheduling employee hours, managing payroll for employees, all administrative duties, interacting with the community and law enforcement, even bussing tables. Ms. Lane generally has an on - site presence at The Bank during almost all operating hours. Ms. Lane and Ryan Parent took a partial ownership in CNC Puma, d.b.a. The Bank, on February 27, 2020, and two - and -a -half weeks later the COVID pandemic forced them to shut down the restaurant. 35 The year 2020 was devastating financially to the business. At the end of 2020, The Bank again was operating as it had previously until 2:00 a.m. 67. Ms. Lane described The Bank as a bar and restaurant serving Mexican food. The Bank is closed on Mondays, but is open at 11:00 a.m. on Tuesdays through Fridays, and opens at 9:00 a.m. on Saturdays and Sundays. On Fridays and Saturdays, The Bank typically closes at 2:00 a.m., and on Sunday The Bank closes sometime between 10:00 p.m. and 12:00 a.m. depending on the amount of business. During the hours of operation, and particularly during the evening hours on Friday and Saturday nights, Ms. Lane is normally located outside The Bank at the corner where she can see inside the restaurant and can watch the people coming into The Bank to ensure those people are not drunk. During Friday and Saturday nights, there is lots of foot traffic and road traffic near The Bank, and "people are bouncing from one place to another." She stated that people tend to visit multiple establishments in one evening. Ms. Lane stated that the location of The Bank is at the busiest intersection in Old Town and "everything goes through that intersection." There is no designated parking for The Bank. Ms. Lane stated that on Friday and Saturday nights, there is lots of activity around The Bank, including people going to dinner at different restaurants, groups of people looking for a place to go, bachelorette parties, homeless people, intoxicated people, and people driving and "running stop signs." Ms. Lane supervises all employees at The Bank, including the security guards. She stated that now the security guards at The Bank are licensed. However, she admitted on cross-examination that only since July 31, 2022, have all the security guards at The Bank been wearing clothing as required by City ordinances. She also admitted that in the past year -and -a - half not all the security guards working at The Bank have been licensed as security 36 guards. Ms. Lane testified that it was not required that the security guards be licensed. She also admitted that she did not obtain any criminal background checks on the security guards and "bouncers" who worked at The Bank, because that was not required. Ms. Lane admitted that she did not know if any of her current or former security guards have criminal convictions. 68. Ms. Lane also supervised the bartenders at The Bank and stated that all bartenders at The Bank are certified with the liquor certification from ABC. Ms. Lane also trains the bartenders and provides "pour test training" to ensure that they are pouring the correct amount of alcohol for a drink. She also instructs bartenders that they cannot overserve customers such that the customer will become drunk. If a bartender feels that a customer is impaired, they can stop serving alcohol to the customer and can also have the customer thrown out of The Bank. Ms. Lane stated that most customers at The Bank have been at other bars and restaurants in Old Town already, and it can sometimes be difficult to know how much alcohol those customers have consumed prior to coming to The Bank. 69. Ms. Lane stated during her testimony that since the end of 2020, The Bank has had a live D.J. performing at The Bank on the weekends. She stated that the D.J. typically starts performing anywhere from 2:00 p.m. to 9:00 p.m. and will perform up until 1:00 a.m. depending on the day. 70. Ms. Lane testified that when she is working outside of The Bank that she and her security guards look for individuals trying to enter The Bank who are intoxicated, stumbling or stuttering, or those who "are looking for trouble." She stated that she "screens people" entering The Bank and she, as well as the security guards, will deny access to The Bank to anyone who appears to be drunk or looking to cause trouble. Ms. Lane stated that she denies entry to people trying to enter The Bank 37 numerous times on each of Friday, Saturday, and Sunday nights. Additionally, Ms. Lane walks through the inside of The Bank once every 30 minutes, and if someone is showing signs of impairment and looks like they will "cause problems" she has a security guard escort that person out of The Bank. Ms. Lane stated that she makes many phone calls to the Temecula Police while she is working outside The Bank at the front door because she can see in every direction in Old Town from her location. She stated that she sees fights, DUPs, people vomiting, people "passing out" and falling because of being drunk, and people urinating in the parking lot. Ms. Lane insisted during her testimony that none of these people she observes were associated with The Bank or "had anything to do with The Bank." Ms. Lane knows half of the police officers who patrol Old Town by first name, and she has numerous personal mobile phone numbers of those officers. She stated that she calls the police frequently on Friday and Saturday nights for various problems in Old Town, but she stated, "most of my calls to police have nothing to do with our restaurant." 71. With regard to the shooting in January 2022 at The Bank where a person was killed, Ms. Lane testified that there was nothing that The Bank could have done to prevent a 22-year-old person from entering the property and shooting people. The person who was killed was a "former bouncer" at The Bank and had been fired from his job about six to eight months prior to the shooting. At the time of the shooting, the person killed worked at another restaurant down the street from The Bank. After this shooting, The Bank complied and cooperated with all requests from the Temecula police. 72. With regard to the shooting that occurred in November 2021 near The Bank, Ms. Lane was the individual who called 911 because of that shooting. She stated that the shooting happened after 1:00 a.m. and she heard the gunshot. A bouncer at The Bank told Ms. Lane he heard the gunshot and saw the flash from the gun. She stated that she cooperated with the police investigation regarding that shooting, and that the police determined that the shooter never went into The Bank. Ms. Lane stated that there was a bouncer who had worked at The Bank on the night of the November 2021 shooting who had the nickname, Virus. According to Ms. Lane, Virus was an artist and Virus was "his artistic name." Virus worked at The Bank only for about three to four months. On the night of the November 2021 shooting, Sergeant Hephner informed Ms. Lane that Virus refused to cooperate with the police investigation of the shooting and would not provide his real name. As a result of learning this information, Ms. Lane fired Virus from his job at The Bank. Ms. Lane stated that she has one other employee who "goes by a moniker" and that person is known as Eagle. She explained that Eagle is a Native American and his father gave him that nickname. 73. Ms. Lane testified that many of the police calls made for incidents around The Bank were not caused by customers of The Bank, and many of the police calls in the area were from other businesses in the area. Ms. Lane obtained a log of calls for service from the Riverside Sheriff's Department for Old Town through a records request. She discussed many of the calls logged on that report. 74. At the time Ms. Lane and Ryan Parent purchased a portion of CNC Puma, d.b.a. The Bank, Ms. Lane understood that the allowed operating hours for The Bank were from 8:00 a.m. to 2:00 a.m. Prior to purchasing The Bank, Ms. Lane had been there many times and stayed up to 2:00 a.m. when The Bank was operating. In February or March 2021, Ms. Lane received the first warning citation from the City for being open past approved hours. Ms. Lane contacted Mr. Cole, the individual who writes citations, regarding the warning. She stated that Mr. Cole "did not have a lot of information." Ms. Lane then went to City Hall and requested "all the CUPS" for The 39 Bank. She stated that the City only provided her with the original 2007 CUP and the 2012 minor modification to the CUP, but not the 2008 minor modification to the CUP. She stated that she asked for the 2008 CUP because Mr. Puma told her it existed. Eventually, Ms. Lane obtained the 2008 minor modification to the CUP from Mr. Puma. Ms. Lane sent an email on March 11, 2021, to Brad Landon, the agent for service of process for CNC Puma, d.b.a. The Bank, with the attached 2012 minor modification to the CUP with the following comment: This is where music was added and the 2am time was left out (I think is [sic] was just an error on the city's part). Ms. Lane then forwarded that email in September 25, 2021, to a fire marshal for the City in an effort to get clarification. Ms. Lane stated that after she did so she "thought things were still in limbo." Ms. Lane stated that she thought there were many errors in the 2012 minor modification of the CUP and she "wanted them corrected," but primarily the operating hours issue. Ms. Lane stated that she never applied for a minor modification to the 2012 CUP to get approved hours of operation of up to 2:00 a.m. because "I complied with the 2008 CUP, and there was no reason to do so." Ms. Lane admitted that she has been closing The Bank at 2:00 a.m., and she continues to do so. She stated that if she did not operate until 2:00 a.m., then The Bank would be insolvent in 30 days. She stated that most of the money made at The Bank happens from midnight to 2:00 a.m. 75. Ms. Lane admitted that she paid over $15,000 in fines associated with citations and civil penalties issued by the City for The Bank operating beyond approved hours. She admitted that The Bank continued to receive citations and civil penalties with fines for that reason with fines totaling well over $100,000. She stated that she was a new business and did not want to make an enemy of the City so they .l just paid the fines. Ms. Lane admitted that she, and no person from The Bank, ever appealed the citations or civil penalties. Instead, she stated that "I figured once [the City] figured it out that they would refund the money." 76. In July 2021 Ms. Lane contacted David Pinkerton, a person she believed at the time was the property owner of the land where The Bank sits, to inform him of the multiple citations received by the City. Ms. Lane stated that in 2021 she had only two contact numbers, one was for David Pinkerton and another was for Sean Pinkerton, and she believed that both of those individuals worked for Zip Third, the property owner. However, David Pinkerton in fact worked for a company named Metro Resources, which is a property management company hired by Zip Third. Ms. Lane stated that Mr. Pinkerton never told her that he would do anything about the citations or civil penalties, but that Mr. Pinkerton was aware that the City was citing and fining The Bank for operating outside of approved business hours. It was not until June or July 2022 that Ms. Lane first had a conversation with Norman Solomon of Zip Third regarding any citations or civil penalties issued by the City to The Bank. Ms. Lane stated that at that time she had a long phone call with Mr. Solomon to "go over the citations," and "what was going on with the bankruptcy case." This was the first phone call or other communication that Ms. Lane had with Mr. Solomon. Ms. Lane has never read the lease agreement between The Bank and Zip Third, other than portions that were sent to her recently from Mr. Solomon regarding her obligation to provide notices to Zip Third. Zip Third's Evidence 77. Zip Third presented two witnesses at the hearing. The following factual findings are based upon their testimony and related documents received in evidence. 41 TESTIMONY OF NORMAN SOLOMON 78. Norman Solomon is the manager of Zip Third, a company that "has no employees." Mr. Solomon testified that Zip Third purchased the property where The Bank sits in 2016 from the estate of Maureen Licata. Mr. Solomon is 76 years of age and has worked in real estate development and management for over 40 years. Mr. Solomon owns over 100 properties and is involved in close to 100 limited liability companies. Mr. Solomon buys properties both as an individual, with partners, and as a limited liability company. Mr. Solomon owns multiple properties in Old Town, including several on the same block as The Bank. Mr. Solomon owns nine different properties in the City and has owned properties in the City for over 10 years. The City has never complained to Mr. Solomon about any of his properties, other than The Bank. Mr. Solomon testified that the main office for Zip Third is on Wilshire Blvd. in Los Angeles. However, Mr. Solomon has not been to that location regularly since March 2020 when the COVID pandemic began. 79. Mr. Solomon first learned of the City's intention to revoke the CUP in this matter on July 1, 2022, when he received a telephone call from Jennifer Petrusis. Mr. Solomon "was stunned" and informed her that he knew nothing about any violations of the CUP by The Bank. Ms. Petrusis told Mr. Solomon that a hearing in this matter was already being scheduled, and Mr. Solomon asked for additional time so he could investigate. After this phone call, Ms. Petrusis sent the May 19, 2022, letter from Mr. Watson regarding the City's intention to revoke the CUP to Mr. Solomon. The next communication Mr. Solomon had with Ms. Petrusis was on July 5, 2022, and again Mr. Solomon asked for additional time to obtain an attorney familiar with the City. He told Ms. Petrusis he wanted to work in a productive way to resolve the issues. 42 80. Mr. Solomon testified that "his office" first found out about the City's citations and civil penalties for The Bank in March 2022. After Mr. Solomon got a phone call from Jennifer Petrusis on July 1, 2022, he contacted his office to ask if there had been any correspondence from the City regarding the citations and civil penalties, and he was told yes. He asked for the office to collect all communications and put in one file. Mr. Solomon stated that the earliest communication from the City in that file was postmarked March 7, 2022. Mr. Solomon stated that the office only had 16 violation letters contained in eight envelopes. Mr. Solomon denied ever seeing the August 2021 letter from Mr. Cole regarding the violations. 81. In July 2022 after speaking to Ms. Petrusis, Mr. Solomon had multiple phone calls with Ms. Lane to investigate the matter. According to Mr. Solomon, Ms. Lane told him that The Bank was not violating the CUP, but that the City had made a clerical error on the 2012 minor modification of the CUP and she was "working to resolve it." Mr. Solomon stated that prior to learning about the violations of the CUP, he never had any issues with Ms. Lane and she paid her rent on time and was generally helpful. Mr. Solomon had also never received any complaints from any other businesses in Old Town regarding The Bank, so he had no reason to believe any of the issues listed in the citations and civil penalties were happening. Mr. Solomon asked Ms. Lane multiple times to comply with the hours of operation as approved in the 2012 CUP, but Ms. Lane told him that The Bank would "go under" if she did that. 82. After his conversation with Ms. Petrusis, Mr. Solomon also contacted David Pinkerton, the property manager, to discuss the issues. Mr. Solomon learned that Mr. Pinkerton had received notice of citations and civil penalties beginning in March 2022. Mr. Pinkerton also told him that Ms. Lane informed him of the citations and civil penalties, and Mr. Pinkerton believed that Ms. Lane was "taking care of it." 43 83. Mr. Solomon stated that he did not learn that CNC Puma, d.b.a. The Bank, was in bankruptcy proceedings until July 2022 when he learned about the City's intention to revoke the CUP. Mr. Solomon stated that he had to retain a bankruptcy attorney to get relief from the automatic stay in order to begin the process of an unlawful detainer against The Bank in order to resolve the City's issues. According to Mr. Solomon, The Bank had previously filed another bankruptcy in 2019 or 2020 because The Bank was behind in their rent payments. At that time Mr. Solomon had hired a bankruptcy attorney to get relief to file an unlawful detainer action against The Bank. However, that bankruptcy was ultimately dismissed, and Ms. Lane and Ryan Parent paid all back rent in August 2020. The Bank has been up to date with its rent payments ever since and is currently up to date. Mr. Solomon stated that now that the bankruptcy case filed by The Bank has been dismissed as of late August 2022, he is now in the process of obtaining an attorney to file an unlawful detainer against The Bank. 84. Mr. Solomon testified that he has a custom and practice of maintaining a good relationship with the City and its officials. Mr. Solomon stated that he was one of the founding members of the Old Town Business Association and helped to write its by-laws. If Mr. Solomon had proper notice of the citations and civil penalties issued against The Bank at the time they were issued, he would have immediately contacted Mr. Cole and tried to arrange a meeting with the City Manager to discuss the issues. After he received a phone call from Ms. Petrusis, Mr. Solomon immediately requested a meeting with the City Manager of the City, but the City Manager declined to meet with him. Mr. Solomon believes that if the CUP is revoked, The Bank will continue violating the CUP until Mr. Solomon evicts The Bank from the property. He believes this based on his conversation with Ms. Lane. Mr. Solomon stated that if the CUP is revoked, the value of the property will decrease. He also believes that he has not been treated fairly by the City because his notice of these issues was insufficient for him to properly address them prior to the revocation hearing. Mr. Solomon stated he has never had this level of difficulty with any government entity. TESTIMONY OF LAZARO FERNANDEZ 85. Lazaro Fernandez is an attorney specializing in bankruptcy law. He has been in private practice as an attorney since July 1989 and has handled thousands of bankruptcy cases. Mr. Fernandez was hired by Zip Third in late July or early August of 2022 to file a motion to convert the bankruptcy of CNC Puma, d.b.a. The Bank, from a Chapter 11 bankruptcy to a Chapter 7 bankruptcy, and to obtain relief from the automatic stay. Mr. Fernandez has filed two applications in the bankruptcy court regarding those issues and obtained hearings for those applications. 86. Mr. Fernandez explained that while The Bank is in bankruptcy, Zip Third is prevented from filing an unlawful detainer to evict The Bank. Mr. Fernandez appeared in bankruptcy court regarding the two applications referenced above. The bankruptcy court thereafter issued an order on August 23, 2022, which was received in evidence, dismissing the Chapter 11 bankruptcy all together, thereby rendering moot the motion for relief from the automatic stay. As a result, Zip Third is no longer prevented from initiating a unlawful detainer action against The Bank. The Parties' Arguments 87. The City argues that it has met its burden to establish that CNC Puma, d.b.a. The Bank, has violated the CUP's approved operating hours, as well as the live entertainment provision of the CUP, and has become a disorderly house as prohibited in the applicable CUP. The City also argues that it has provided sufficient notice of 45 these violations to both CNC Puma, d.b.a. The Bank, and to Zip Third. Accordingly, pursuant to TMC section 17.03.085, the City requests revocation of the CUP. 88. CNC Puma, d.b.a. The Bank, argues that operating hours as set forth in the 2012 minor modification of the CUP are erroneous and not valid because the City simply, erroneously, and carelessly, copied and pasted the operating hours from the 2007 CUP into the 2012 CUP without consideration of the 2008 minor modification to the CUP. Accordingly, CNC Puma, d.b.a. The Bank, argues that the approved operating hours in the 2012 minor modification to the CUP are not applicable and the 2008 minor modification to the CUP is applicable. CNC Puma, d.b.a. The Bank, also argues that the City's evidence regarding the "disorderly house" issue is insufficient to establish that The Bank was responsible for all the issues in Old Town regarding fighting, public intoxication, and other issues constituting a disorderly house. With regard to noise issues, CNC Puma, d.b.a. The Bank, argues that the evidence establishes that the noise issue was resolved in July 2021. However, CNC Puma, d.b.a. The Bank, failed to make any argument regarding the alleged violation of the CUP by having live entertainment beyond that approved. Additionally, CNC Puma, d.b.a. The Bank, also argues that the City failed to do anything to enforce the 2012 CUP approved operating hours violations by The Bank for over nine years, essentially arguing that the doctrine of lathes prevents the revocation of the CUP. 89. Zip Third argues that the City failed to provide proper notice to Zip Third regarding The Bank's violation of the 2012 minor modification of the CUP, and because of that "even should the ALJ revoke or modify as to The Bank, it should not revoke or modify as to Zip Third" because Zip Third has done nothing to support the CUP revocation and Zip Third is not responsible for The Bank's operations. Zip Third M. also argues that the City failed to provide proper notice regarding the citations and civil penalties to Zip Third because the City did not send those notices by certified mail to Zip Third pursuant to TMC Section 1.21.050 (B). LEGAL CONCLUSIONS Burden and Standard of Proof 1. The Zoning Regulations regarding Conditional Use Permits in the City of Temecula are contained in Title 17 of the Temecula Municipal Code. Title 17.030.085 of the Temecula Municipal Code governs the revocation or modification of CUPS, including the procedure for appeal and public hearing. Pursuant to TMC Section 17.03.085 (A)(4), at the hearing of an appeal "[t]he planning director, or designee, shall have the burden of proof to establish by clear and convincing evidence the facts upon which his or her recommendation to revoke the permit is based." 2. "Clear and convincing evidence" requires a high probability of the existence of the disputed fact, greater than proof by a preponderance of the evidence. Evidence of a charge is clear and convincing as long as there is a high probability that the charge is true. (People v. Mabini (2001) 92 Cal.AppAth 654, 662.) Applicable TMC Sections 3. Title 17.030.085 (A)(1)(a) of the TMC provides: If the planning director determines that any conditions of approval of a conditional use permit, variance, development plan, or other land use entitlement have been violated, or that the permittee is operating in a manner that is 47 inconsistent with or that is not in accordance with the approved statement of operations, or that such entitlement is being used in a way that is injurious to the public health, safety, or welfare, the planning director shall send notice to the permit holder and the city clerk. The planning director may consult with the chief of police or fire chief in making this determination. The notice shall provide sufficient information to inform the permit holder of the reasons why the planning director is recommending that the permit be revoked and shall specifically identify the findings for revocation as set forth is subsection (A)(4) below, and that a public hearing shall be held before an independent hearing officer to determine whether the permit should be revoked, modified, or remain unchanged. 4. Title 17.030.085 (A)(1)(b) of the TMC provides that the city clerk shall refer the matter to the California Office of Administrative Hearings for the assignment of an administrative lawjudge to serve as an independent hearing officer, and a hearing regarding the revocation of a CUP "shall be heard within forty-five days of referral to the Office of Administrative Hearings, but may be extended for due cause including scheduling limitations of the hearing officer." 5. Title 17.030.085 (A)(5) of the TMC provides: Revocation. The independent hearing officer may revoke a permit, or impose or modify any conditions imposed on the permit if he or she finds that any of the following findings can be made: a. That the permit was obtained by omission, misrepresentation, or fraud; b. That any of the conditions of approval for the permit have not been met, or the use is operating in a manner that is inconsistent with any of the conditions of approval; C. That the use for which the permit was granted is operating in violation of any statute, ordinance, law or regulation; d. That the permit is being exercised in a way that is detrimental to the public health, safety or welfare or constitutes a nuisance. 6. Title 17.030.085 (A)(7) of the Temecula Municipal Code provides: Public Hearing Before the Planning Commission. The planning commission shall hold a public hearing to review the independent hearing officer's decision on the permit revocation. Notice of the public hearing shall be given pursuant to subsection (A)(2) of this section. The notice of public hearing shall briefly summarize the grounds for the independent hearing officer's decision to revoke the permit, modify any conditions of approval, or allow the permit to remain in place unchanged. The planning commission shall review the transcript of the proceeding before the independent hearing officer and the findings of fact and law issued by the independent hearing officer. The planning i• commission shall only consider the evidence presented at the hearing before the independent hearing officer as well as any new evidence presented by the public at the public hearing before the planning commission. The city clerk is authorized to retain an attorney to advise the planning commission. The planning commission's decision to confirm, modify or overturn the independent hearing officer's decision shall be set forth in a resolution. The city clerk shall mail a copy of the resolution to the permit holder along with a proof of service. If the planning commission decision is not timely appealed, the revocation of the permit or any modifications to the conditions of approval shall be effective upon adoption of the planning commission resolution. Evaluation 7. The City has established by clear and convincing evidence that the approved conditions of the 2012 minor modification to the CUP are applicable in this matter, as opposed to the 2008 minor modification to the CUP. The City has also established by clear and convincing evidence that CNC Puma, d.b.a. The Bank, has violated condition 12 of the 2012 CUP by continuously operating outside of the approved hours of operation; has violated condition 12 of the 2012 CUP by selling alcohol to customers at hours beyond that permitted by the 2012 CUP; has violated condition 9 of the CUP by having live entertainment of a D.J. at The Bank, which is beyond the live entertainment permitted in the 2012 CUP; and violated condition 28 c. for becoming a disorderly house. 50 APPROVED CONDITIONS OF THE 2012 MINOR MODIFICATION TO THE CUP 8. CNC Puma, d.b.a. The Bank's, argument that the 2008 Minor Modification to the CUP is the applicable CUP setting approved final conditions is unpersuasive. The City established by clear and convincing evidence, through the testimony of Luke Watson and others that the final conditions of approval in the 2012 minor modification to the CUP are those conditions that are applicable for The Bank's hours of operation and otherwise. Mr. Puma and Ms. Lane's testimony that the City simply "made a mistake" by copying the approved operating hours from the 2007 CUP was not persuasive, particularly in light of the credible testimony of Stuart Fisk, who explained that the change in those operational hours in the 2012 minor modification to the CUP was purposeful and intentional by the City. Notably, when he received the approval for the 2012 minor modification to the CUP, Mr. Puma did not read them or ever appeal those approved operating hours, which would have been the proper avenue to assert such a mistake on the part of the City. Furthermore, despite over a year of citations and civil penalties for operating outside of those approved hours, Ms. Lane (or any person from The Bank) never appealed or challenged the asserted approved operating hours to the City. Instead, Ms. Lane simply paid the fines. If she believed that the approved operational hours were incorrect, then her recourse would have been to appeal the citations. Additionally, never during this process did either Mr. Puma, or any owner of CNC Puma, d.b.a. The Bank, ever apply for another minor modification to the CUP to correct the hours of operation to those they believed were correct. The inaction of any owner of The Bank to address the issue of the approved operating hours undercuts their argument that the approved operating hours of the 2012 minor modification to the CUP are applicable in this matter. 51 THE BANKS VIOLATIONS OF THE 2012 MINOR MODIFICATION TO THE CUP 9. The City established by clear and convincing evidence that CNC Puma, d.b.a. The Bank, frequently and continuously violated the approved conditions of the 2012 minor modification to the CUP. Specifically, both Ms. Lane and Mr. Puma admitted that they operated The Bank until 2:00 a.m., with service of alcohol well after 10:00 p.m., which is well beyond the allowable 11:00 p.m. operation time and 10:00 p.m. approved time to serve alcohol, because they both mistakenly believed they were entitled to do so under the approved conditions. Their mistaken beliefs do not absolve them from their violations. Additionally, both Mr. Puma and Ms. Lane asserted that a live D.J. with recorded music and speakers, as well as a drag show do not violate condition 9 of the 2012 CUP. Their assertion was unpersuasive. A live D.J. is a form of live entertainment, and so is a drag show, and both of those forms of entertainment go well beyond one vocalist and one instrument to be used during lunch and dinner. Indeed, the D.J. performed up until 1:00 a.m., which is obviously after dinner. 10. Finally, with regard to condition 28 c. of the 2012 minor modification to the CUP related to a disorderly house, Sergeant Hephner's testimony regarding activities at and around The Bank was credible and persuasive and established that The Bank had become a disorderly house, which is defined as "disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti etc." or that "has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc." The City established by clear and convincing evidence that The Bank created loud noise beyond that allowed by the City's TMC with outdoor speakers and a D.J.; The Bank had many ongoing crimes including a murder that occurred at The Bank's patio, and many fights and incidents of public intoxication. Ms. Lane's assertion 52 that those things were happening around The Bank, but were not caused by The Bank, was simply unpersuasive. THE DOCTRINE OF LACHES DOES NOT APPLY 11. CNC Puma, d.b.a. The Bank, asserted that the City failed to take any action against The Bank's failure to abide by the operating hours set forth in the 2012 CUP for over nine years, which appears to be an argument that the doctrine of laches applies to prevent the City from either revoking the CUP or enforcing the operating hours of the 2012 CUP. "The defense of laches requires unreasonable delay plus either acquiescence in the act about which plaintiff complains or prejudice to the defendant resulting from the delay." (Feduniak v. California Coasta/Com. (2007) 148 Cal.App.4tn 1346, 1381.) In this case there is no evidence that the City knew that The Bank was operating outside of the approved operating hours in the 2012 CUP until 2021 when it began issuing citations. Specifically, testimony from Mr. Cole established that the City was not aware of those violations until 2021. Accordingly, the doctrine of laches does not apply in this matter. NOTIFICATION TO ZIP THIRD 12. Zip Third's argument that the City should be prevented from revoking the CUP because Zip Third was provided with insufficient notice regarding the citations and civil penalties in this matter is unpersuasive. Specifically, the issue in this matter is whether Zip Third was provided sufficient notice regarding the City's intention to revoke the CUP, and not whether Zip Third was provided sufficient notice of the underlying citations and civil penalties. However, the City established by clear and convincing evidence that Zip Third had received some notice regarding those citations and civil penalties at least as early as August 2021, because Mr. Cole sent both a letter 53 in August 2021 to Mr. Solomon at his Wilshire Blvd. address, as well as sent copies of 72 different civil penalty letters to Mr. Solomon at his Wilshire Blvd. address as early as August 2021. Mr. Solomon claimed that he did not receive these documents. However, he also admitted that he simply did not go to his office where those letters were sent during that time because of COVID. Accordingly, the City provided sufficient notice to Mr. Solomon regarding the violations of the CUP by The Bank. 13. Zip Third also argues that the City has been unfair to Zip Third because the City refuses to "work with them" to address The Bank's violations. However, the TMC does not require the City to work with the property owner, but the TMC does provide a mechanism by which the City may revoke the CUP if repeated violations have been established pursuant to TMC Section 17.03.085. The City has met its obligations under the TMC for revocation of the CUP in this case, and the City has no obligation to "work with" the property owner otherwise. While Mr. Solomon credibly testified that the City's revocation of the CUP will not stop the continued violations by The Bank, and that eviction of The Bank will do so. The only issue for determination in this hearing is whether the City has met its clear and convincing burden to establish that conditions of approval of the CUP have been violated and revocation of the CUP is appropriate under these circumstances and it has done so. 14. Zip Third's argument that the CUP should be revoked with regard to CNC Puma, d.b.a. The Bank, and not with regard to Zip Third is also unpersuasive. Nothing in the TMC provides any authority by which such a revocation with regard to a tenant but not with regard to an owner is possible. Instead, the TMC simply sets forth the procedure by which the CUP may be revoked in total. 54 ORDER The 2012 Minor Modification to the CUP, as well as the original 2007 CUP and the 2008 Minor Modification to the CUP, issued to CNC Puma, d.b.a. The Bank, and to Zip Third Investments, L.L.C. are revoked. DATE: October 19, 2022 Debra D. Nye-?N-khf DEBRA D. NYE-PERKINS Administrative Law Judge Office of Administrative Hearings 55 CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: April 11, 2023 SUBJECT: Conduct Hearing In the Matter of the Revocation of Conditional Use Permit For the Operation of The Bank and Consider Proposed Decision of the Office of Administrative Hearing Officer and Confirmation of Decision by Planning Commission PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council conduct a public hearing in the matter of the revocation of the conditional use permit ("CUP") for the operation of The Bank; consider the proposed decision of the Office of Administrative Hearing Officer as adopted with modification by the Planning Commission; and render a decision upholding or denying the proposed decision of the Planning Commission revoking the CUP. This hearing is proceeding under Temecula Municipal Code Section 17.03.085. BACKGROUND: The matter of the revocation of the conditional use permit of The Bank, was heard virtually on August 31, 2022 and September 1, 2022, before Administrative Law Judge Debra D. Nye -Perkins, with the Office of Administrative Hearings (OAH). The matter was closed and submitted for decision on September 19, 2022. On October 19, 2022, the Administrative Law Judge issued a proposed decision revoking the conditional use permit of The Bank. The OAH Judge's proposed ruling is found in Attachment A. A hearing was then set before the Planning Commission for December 19, 2022 to consider the proposed decision. At the request of Zip Third Investments, that hearing was continued to January 18, 2023. At the request of The Bank, the January 2023 hearing was continued to February 15, 2023. On February 15, 2023, the Planning Commission heard the matter. Resolution No. 2023-04, setting forth the decision of the Planning Commission to confirm the decision of Administrative Law Judge Debra D. Nye -Perkins revoking the CUP, is attached. The record of proceedings and transcript of the Planning Commission hearing is also attached. On March 10, 2023, The Bank and Zip Third Investments filed appeals of the Planning Commission decision to the City Council. The appeals were filed in a timely manner with the appropriate appeal fee. In response, the hearing before the City Council was scheduled for April 11, 2023, at 10 a.m. The appropriate public hearing notices and mailings were made. This hearing is a de novo proceeding and is limited to the record below and allows for public comment. The general process for the conducting the hearing before the City Council is as follows: 1. The Mayor will call the matter for consideration. 2. The attorney(s) for the City will argue the case for upholding the proposed decision. (45 mins total including rebuttal time) 3. The attorney(s) for The Bank will argue the case for denying and/or modifying the proposed decision. (45 mins) 4. The attorney(s) for Zip Third Investments will argue the case for denying and/or modifying the proposed decision. (45 mins) 5. The attorney(s) for the City will have a rebuttal opportunity. (as reserved from total time noted above) 6. The City Council will receive public comment. 7. The attorneys for the City, The Bank, and Zip Third Investments will get 5 minutes each to respond to the public comment. 8. The City Council will discuss and decide the matter. A resolution setting forth the City Council's decision will be adopted at a subsequent meeting and notice will be provided to all parties. A full record of all proceedings held to date and exhibits are attached and noted in the attachments list below. FISCAL IMPACT: None ATTACHMENTS: 1. Office of Administrative Hearings — Proposed Decision 2. Planning Commission - Agenda Packet (Record of Proceedings) 3. Planning Commission — Transcript of Proceedings 4. Planning Commission - Resolution No. 2023-04 5. City Council — Appeal from Bank Restaurant 6. City Council — Appeal from Zip Third Investments BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS STATE OF CALIFORNIA In the Matter of the Revocation of Conditional Use Permit of: THE BANK, Respondent and ZIPTHIRD INVESTMENTS, L.L.C., Respondent OAH No. 2022051021 PROPOSED DECISION Debra D. Nye -Perkins, Administrative Law Judge, Office of Administrative Hearings (OAH), State of California, heard this matter by videoconference and by telephone on August 31, 2022, and on September 1, 2022. Jennifer Petrusis, Attorney at Law, represented complainant, the City of Temecula (the City). Thomas J. Callaway, Attorney at Law, represented respondent CNC Puma Corporation (CNC Puma), owner of The Bank (The Bank), a restaurant operating at 28645 Old Town Front Street, Temecula, California (the subject property) and tenant of the subject property. Elizabeth L. Martyn and Richard Edwards, Attorneys at Law, represented respondent Zip Third Investments, L.L.C. (Zip Third), owner of the subject property.' Oral and documentary evidence was received. The record remained open to allow the parties to submit written closing arguments, and the matter was closed and submitted for decision on September 19, 2022. FACTUAL FINDINGS Jurisdictional Matters and Background 1. In November 2007 CNC Puma submitted an application to the City for a Minor Conditional Use Permit (CUP) on behalf of The Bank for the purpose of "to upgrade to a type 47 liquor license." The CUP application was signed by Craig Puma on behalf of CNC Puma, d.b.a. The Bank, as well as the property owner at that time named Maureen Licata. 2. On January 3, 2008, the Director of Planning for the City approved the CUP application to upgrade from a Type 41 Alcohol Beverage Control (ABC) license ' At hearing the City asserted that Zip Third Investments, L.L.C., as the owner of the property at issue in this hearing, and CNC Puma Corp., the owner of The Bank, a restaurant leasing the subject property on which it operates, both have an interest in the Conditional Use Permit (CUP) at issue in this hearing. Because the CUP transfers with the property and because the CUP controls the operation of The Bank, both Zip Third Investments, L.L.C. and CNC Puma Corp. are permit holders and respondents in this matter. 2 (on -sale beer and wine — eating place) to a Type 47 ABC license (on -sale, general) authorizing the sale of beer, wine, and distilled spirits at The Bank subject to conditions of approval. Those conditions of approval included the following: (1) the applicant and owner of the real property agreed to indemnify the City for any actions arising from the CUP; (2) licensees may not permit the premises to become a disorderly house, which is defined as a premises that "disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc. and/or has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc., and the licensed premises includes the parking lot."; and (3) regular hours of operations shall be as follows: Monday through Thursday 11:00 a.m. to 10:00 p.m., Friday 11:00 a.m. to 11:00 p.m., Saturday 8:00 a.m. to 11:00 p.m., Sunday 8:00 a.m. to 10:00 p.m. On holidays the facility shall be allowed to close at midnight. The sale of alcoholic beverages shall cease at 10:00 p.m. Monday through Thursday and Sunday. The sale of alcoholic beverages shall cease at 11:00 p.m. on Fridays and Saturdays. The consumption of alcohol shall cease no later than one hour after closing. 3. On October 9, 2008, Craig Puma on behalf of CNC Puma, d.b.a. The Bank, as well as Maureen Licata as property owner, signed and submitted a minor modification to the CUP application to the City requesting a modification to the CUP "to extend hours to California law, according to ABC service until 2:00 a.m." meaning to request modification of the conditions to allow The Bank to serve alcohol on all days until 2:00 a.m. 4. On October 15, 2008, the City's planning department approved the minor modification to the CUP allowing service of alcohol on all days until 2:00 a.m. with 3 conditions, including that last call for service of alcohol shall occur at 1:30 a.m., and all other previous conditions of approval shall apply. 5. On February 27, 2012, Craig Puma on behalf of CNC Puma, d.b.a. The Bank, as well as Maureen Licata as property owner, signed and submitted a minor modification to the CUP application to the City requesting "the addition of a one person musical addition inside for background music (daily noon to 10 p.m.)." 6. On February 28, 2012, the City notified Craig Puma on behalf of CNC Puma, d.b.a. The Bank by letter signed by Stuart Fisk, Senior Planner, that the 2012 minor modification to the CUP application was approved and attached the Final Conditions of Approval to the letter. The Final Conditions of Approval included the following requirements: (1) indoor dinner entertainment consisting of one keyboard or other instrument played with one vocalist for the purpose of providing background music as permitted daily from noon until 10:00 p.m.; (2) regular hours of operations shall be as follows: Monday through Thursday 11:00 a.m. to 10:00 p.m., Friday 11:00 a.m. to 11:00 p.m., Saturday 8:00 a.m. to 11:00 p.m., Sunday 8:00 a.m. to 10:00 p.m. On holidays the facility shall be allowed to close at midnight. The sale of alcoholic beverages shall cease at 10:00 p.m. Monday through Thursday and Sunday. The sale of alcoholic beverages shall cease at 11:00 p.m. on Fridays and Saturdays. The consumption of alcohol shall cease no later than one hour after closing. 7. As detailed more below, beginning in March 2021, the City issued numerous citations to CNC Puma, d.b.a. The Bank for various violations of the Temecula Municipal Code (TMC), including for violating approved operational hours beyond 11:00 p.m., having excessive noise levels including with outside speakers over allowed noise levels, and failing to have a CUP for amplified music and live entertainment. The last citation was issued in July 2021. 11 8. Beginning in July 2021, the City issued numerous Civil Penalty Notice and Orders to CNC Puma, d.b.a. The Bank for violations of the TMC related to the CUP in place for violations as detailed below. The last Civil Penalty Notice and Order was issued by the City on August 20, 2022. 9. On August 20, 2021, Tom Cole, Field Supervisor — Code Enforcement for the City, sent a letter to Zip Third, "attn: Norman S. Sullivan" at the address for service of process listed with the California Secretary of State for Zip Third on Wilshire Blvd. in Los Angeles, California. The letter provided, in part, as follows: The purpose of this correspondence is to inform you that activities that are violating the Temecula Municipal Code are occurring at your property from the tenant operating as The Bank. Ongoing and current violations include the business being opened beyond the permissible operating time of 11:00 p.m. The City of Temecula Code Enforcement has been issuing, and will continue to issue, civil penalties for these violations. 10. By letter dated May 19, 2022, Luke Watson, Deputy City Manager for the City, notified CNC Puma, The Bank, and Amanda Moore, who is an officer of CNC Puma and manager of The Bank, that the City intended to revoke the CUP for the subject property based upon numerous violations of the CUP, citations, and civil penalties issued. The May 19, 2022, letter was carbon copied to owner of the subject property "Norman Sullivan" of Zip Third at the same address as the subject property in Temecula, but not to the address for service of process as listed by the California Secretary of State for Zip Third, which was on Wilshire Blvd. in Los Angeles. The May 19, 2022, letter was also carbon copied to "Maureen Licata" as the property owner. 5 11. On July 8, 2022, Jennifer Petrusis, counsel for the City, wrote a letter to Norman Solomon of Zip Third at that Wilshire Blvd. address in Los Angeles. The letter stated that Ms. Petrusis spoke with Mr. Solomon by telephone on July 1, 2022, regarding the City's intentions to revoke the CUP for the subject property because of the ongoing violations of the CUP as set forth in the numerous citations and civil penalties issued to The Bank. The letter also stated that Ms. Petrusis emailed a copy of the May 19, 2022, Notification letter from Deputy City Manager Watson. The July 1, 2022, telephone call was the first notification given to Zip Third that the City was moving forward to revoke the CUP. 12. On May 31, 2022, the City filed a request to set this hearing with the Office of Administrative Hearings, which included as the respondent The Bank, with notification to CNC Puma. However, the City failed to list Zip Third as a respondent, and provided no indication on the filing that Zip Third was notified of the request to set the hearing. As noted above, the first notice Zip Third received regarding this hearing for revocation of the CUP was the July 1, 2022, telephone call with Norman Solomon. Violations of the CUP, Citations, and Civil Penalties Issued 13. The City has issued 34 separate citations to The Bank over a five -month period beginning on March 5, 2021, with the last citation issued on July 24, 2021. Each of the citations were for violation of the permitted operating hours, with The Bank consistently operating past 11:00 p.m. on Friday and Saturday nights and selling alcoholic beverages to patrons after 11:00 p.m. on Friday and Saturday nights; as well as having excessive noise levels including with outside speakers over allowed noise levels, and failing to have a CUP for amplified music and live entertainment. The first citation issued on March 5, 2021, assessed a $50 penalty for the violations, the second Al citation issued on March 6, 2021, assessed a $150 penalty for the violations, seven of the citations assessed a $250 penalty for the violations, one citation assessed a $300 penalty for the violations, one citation assessed a $400 penalty for the violations, and two citations assessed a $500 penalty for the violations. Respondent The Bank paid the City for the first 13 citations for total payments of $3,650, and paid an additional four citations (one citation dated May 7, 2021, for $250; another dated May 8, 2021, for $500; another dated July 2, 2021, for $500; and a final dated July 3, 2021, for $500) for total payments of $1,750. Accordingly, The Bank paid the City $5,400 for those 17 citations, but the remaining 18 citations were not paid by The Bank and remain delinquent. Of the 18 unpaid citations, 11 of those each assessed a penalty of $500, and the remaining seven of the unpaid citations each assessed a penalty of $250, for a total of $7,250 of unpaid assessments for the violations in those citations. None of these citations were contested by CNC Puma, d.b.a. The Bank. 14. The City has issued 109 Civil Penalty Notice and Order letters to CNC Puma, d.b.a. The Bank for the continuing violations of the CUP as set forth in each of the 34 citations discussed above. The first Civil Penalty Notice and Order was issued on July 27, 2021, and assessed a fine of $500 for the continued violations with daily accrual of civil penalties of $2,500 per day for any continued violations. The second Civil Penalty Notice and Order was issued on July 30, 2021, and assessed a fine of $750 for the continued violations with daily accrual of civil penalties of $2,500 per day for any continued violations. The third Civil Penalty Notice and Order was also issued on July 30, 2021, and assessed a fine of $500 for the continued violations with daily accrual of civil penalties of $2,500 per day for any continued violations. The eighth Civil Penalty Notice and Order was issued on August 8, 2021, and assessed a fine of $500 for the continued violations with daily accrual of civil penalties of $2,500 per day for any continued violations. All of the remaining 105 Civil Penalty Notice and Order VA letters issued to The Bank assessed a fine of $1,000 each. According to the May 19, 2022, letter from Deputy City Manager Watson, The Bank paid the first 42 issued Civil Penalty Notice and Order fines totaling $40,250 with the remaining 67 Civil Penalty Notice and Order fines being unpaid and delinquent for a total of $67,000. However, only four of the 109 Civil Penalty Notice and Order documents indicate on their face that they have been paid, which would mean the total of fines paid is $3,500, with a remaining 105 Civil Penalty Notice and Order fines totaling $103,750 remaining unpaid and delinquent, which is consistent with the testimony of witnesses at the hearing. None of the Civil Penalty Notice and Orders were contested by The Bank. The City's Evidence 15. The City presented six witnesses at the hearing. The following factual findings are based on their testimony and related documents received in evidence. TESTIMONY OF LUKE WATSON 16. Luke Watson is currently employed by the City as the Deputy City Manager, a position he has held for about one year. Mr. Watson is also currently employed by the City as the Planning Director, a position he has held since 2015. His duties as the Deputy City Manager include the administration of all operations of the City. His duties as the Planning Director include oversight of Code enforcement, building safety, housing, and other duties. Mr. Watson has been an employee of the City since 2006 in various roles, including as Management Assistant, Analyst, Senior Planner, Community Development Director, Planning Director, and Deputy City Manager. 17. Mr. Watson explained that a CUP is a permit that must be acquired for a specific commercial use of property in the City for which there is potential for specific 8 impacts that need to be addressed by the City. For example, a restaurant located in a properly zoned area for restaurant use does not need a CUP to operate. However, if that restaurant wants to add a liquor license to its operation, then a CUP is needed because of the potential impacts of the liquor license on the City. A CUP has specific conditions of approval that must be met for the specific commercial use of the property, which include requirements on that specific commercial use that the City has imposed to mitigate the impact of the commercial use. Those requirements may be specific hours of operation, entertainment parameters, or other limitations. 18. Mr. Watson further explained that the CUP application process requires that the CUP applicant, usually the business owner, as well as the property owner, sign the CUP application and submit it to the City. Thereafter, the City staff and the applicant "go back and forth over a few weeks" to "work through the specific conditions that need to be addressed in the permit." During this "back and forth" period, the applicant has an opportunity to challenge the conditions of approval. Once the applicant agrees to the conditions to be placed on the CUP, then the application will be addressed at a public hearing to be approved by the City. If the applicant is still not satisfied with the conditions to be placed on the CUP, the applicant can address that at the public hearing. After the City approves the CUP and its conditions at a public hearing, the applicant can still appeal that decision within 15 days of that approval as set forth in TMC 17.03.090. 19. Mr. Watson testified that the process to modify an existing CUP is similar to the original application to obtain a CUP. However, a minor modification to a CUP application does not require a public hearing. Instead, for a minor modification to a CUP, the City staff may approve the minor modification by administrative approval. If a major modification to a CUP is needed, then a public hearing may be required. 9 20. Mr. Watson testified about the specific CUP at issue in this matter. The original CUP application (application number PA-07-0314) was filed by Craig Puma on behalf of The Bank in 2007 and signed by the owner of the property at that time, Maureen Licata. The original CUP application sought to upgrade from a type 41 alcohol license (which allows for the sale of beer and wine at a restaurant) to a type 47 liquor license (which allows for the sale of beer, wine, and distilled spirits). The City had a public hearing regarding this original CUP application and thereafter granted the CUP application on January 3, 2008, with conditions of approval. Those conditions included condition number 13 that provides: Regular hours of operations shall be as follows: Monday - Thursday 11 a.m. to 10 p.m., Friday 11 a.m. to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8:00 a.m. to 10:00 p.m. On holidays (including Cinco De Mayo) the facility shall be allowed to close at midnight. The sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday. The sale of alcoholic beverages shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. (As amended at Directors Hearing on 1 /3/08). Craig Puma signed the "Acceptance of Conditions of Approval" for the original CUP on January 16, 2008. 21. Mr. Watson stated that after the issuance of the original CUP, Craig Puma, on behalf of The Bank, applied for two different modifications to the CUP. The 10 first minor modification application (application number PA-08-0236) was filed on October 9, 2008, for a request to extend the operating hours for the sale and consumption of alcohol for The Bank until 2:00 a.m. On October 15, 2008, the City approved the minor modification to the CUP with conditions by an administrative approval from the City staff. The final conditions of approval for the minor modification included the following: Regular hours of operation shall be as follows: Monday - Thursday 11 a.m. to 10 p.m., Friday 11 a.m. to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8 a.m. to 10 p.m. In the case that the restaurant manager would like to stay open past the regular hours of operation (stated above) he/she may be permitted to stay open until 2:00 a.m. When this occurs, alcoholic beverages may be served until 2:00 a.m. as consistent with the provisions of California State Law. "Last call" for alcohol service shall occur at 1:30 a.m. as consistent with California State Law. 22. The second minor modification to the CUP application (application number PA-12-0041) was filed by Mr. Puma with the City on February 2, 2012, to request to have live music inside The Bank daily from noon to 10:00 p.m. By letter dated February 28, 2012, the City, through the signature of Stuart Fisk, a Senior Planner with the City, provided an administrative approval of the second minor modification to the CUP application with final conditions of approval. The final conditions of approval included the following conditions: 11 Indoor entertainment consisting of one keyboard or other instrument played with one vocalist for the purpose of providing background music is permitted daily from noon until 10:00 p.m. F] ... F] Regular hours of operations shall be as follows: Monday - Thursday 11 a.m. to 10 p.m., Friday 11 a.m. to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8:00 a.m. to 10:00 p.m. On holidays (including Cinco De Mayo) the facility shall be allowed to close at midnight. The sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday. The sale of alcoholic beverages shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. (As amended at Directors Hearing on 1/3/08). Mr. Watson testified that the second minor modification of the CUP in 2012 changed the operating hours of The Bank back to those listed in the original CUP because the 2:00 a.m. operating hours were not included in the final conditions of the second minor modification of the CUP approved in 2012. Mr. Watson testified that the final conditions of the 2012 minor modification to the CUP superseded the first minor modification to the CUP in 2008. According to Mr. Watson, The Bank had 15 days to appeal the final conditions of the 2012 minor modification to the CUP from the February 28, 2012, date, but no such appeal was ever filed. Mr. Watson stressed that The Bank has never filed another minor or major modification to the CUP, and as a 12 result the 2012 minor modification of the CUP (PA-12-0041) with its final conditions provides the current operating hours allowed for The Bank. 23. Mr. Watson described the location of The Bank restaurant in Temecula, which is in the Old Town portion of Temecula, in the "center of town." He stated that the location of The Bank is "the premier commercial intersection in the City located half a block from City Hall." Old Town is a historic district of Temecula dating back to the 1800's. The Bank is located in a "mixed use" environment that is "walkable," and generally a tourist area with some offices, some residential homes, and 24 restaurants. Old Town also includes a theater and history museum, and is a primary location for special events, and is a commercial and entertainment hub for Temecula. 24. Mr. Watson stated that he recommended that the CUP at issue in this matter be revoked because for more than one year The Bank had been violating the final conditions of the CUP with regard to operating hours, noise ordinance violations, and had a pattern of numerous assaults, batteries, drunkenness, disorderly conduct, and serious violent crime associated with The Bank. Mr. Watson first became aware that The Bank was violating the operating hours allowed in the CUP in the Summer of 2021 when the Temecula Police Department and Code Enforcement informed him of that violation. Mr. Watson stated that when the City first learned of The Bank's violation of its approved operation hours, the Code Enforcement team, Temecula Police Department, and Temecula Fire Department, all attempted to discuss the problem with the owners of The Bank to get voluntary compliance with the approved business hours. When the voluntary compliance from The Bank did not happen, the City then started issuing notices of violation, which happened for "some time" as an attempt to get The Bank to comply with required operating hours. When The Bank continued to violate the approved operating hours, the City then began issuing 13 administrative citations, which also continued for "some time." When The Bank continued to violate the approved operating hours, the City began issuing Civil Penalties up to $1,000 per day in an effort to get The Bank to comply. The City continued its efforts to get The Bank to comply with approved operating hours for over one year but was not successful. To date The Bank has not complied with the approved operating hours of the CUP, and The Bank has not submitted any application to modify the CUP to change its hours of operation. Zip Third has also not applied to modify the current CUP for any purpose. 25. Mr. Watson wrote a letter dated May 19, 2022, summarizing all of the citations and civil penalties issued against The Bank, and notifying The Bank of the City's intention to revoke the CUP based upon the violations of approved operating hours and approved hours for sale of alcohol, as well as violations of condition 28 (c) of the CUP that provides that the CUP holder must not allow the licensed premises to become a "disorderly house," meaning a licensed outlet (including the parking lot) that disturbs neighbors with noise and loud music, and/or has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics etc. Regarding the disorderly house allegations, the May 19, 2022, letter provided as follows: It has been the experience of the Riverside County Sheriff's Department that there have consistently been numerous instances of disturbances, assaults, batteries, public intoxication, and other crimes on The Bank's premises and in the immediate vicinity of The Bank. In January 2022, there was a shooting on The Bank's premises in which a former employee of The Bank was killed and two other individuals were seriously injured. The shooting occurred 14 approximately an hour after The Bank should have been closed for the evening, yet The Bank was still operating in violation of Condition 12 of PA12-0041. The former employee and victim of the shooting had been involved in a physical altercation at The Bank months before the shooting. According to the Riverside Sheriff's Department, The Bank used unlicensed security guards, some of which had criminal backgrounds, and this decision to use unlicensed security guards contributed to the criminal activity at The Bank. Mr. Watson sent this May 19, 2022, letter notifying that the City intends to revoke the CUP to CNC Puma, d.b.a. The Bank to their agent for service of process, Craig Puma, Amanda Moore, Maureen Licata, and to Zip Third at "attn: Norman S. Soloman" at the address of The Bank located in Temecula, CA. The May 19, 2022, letter was not sent to Norman Soloman at his Wilshire Blvd. address, which is the listed address for service of process for Zip Third. 26. Mr. Watson admitted that the May 19, 2022, letter was not sent to Normal Solomon at the listed address for the agent for service of process for Zip Third, which is Mr. Solomon's Wilshire Blvd. address. However, the May 19, 2022, letter was included as an attachment to the July 8, 2022, letter from Jennifer Petrusis to Norman Solomon notifying Zip Third of the City's intent to revoke the CUP. Additionally, Mr. Watson noted that on August 20, 2021, Tom Cole, a Field Supervisor from the City's Code Enforcement, sent a letter to Zip Third at the proper address for the agent for service of process at the Wilshire Blvd. address regarding The Bank's activities violating the TMC. 15 27. Mr. Watson stated that the approved hours of operation in the CUP were chosen in order to mitigate the negative impacts of the sale of distilled spirits alcohol. He stated that the later the hours of operation, the worse the negative impacts of the sale of alcohol. Mr. Watson testified that most of the criminal activity in the vicinity of The Bank has occurred after The Bank was supposed to be closed pursuant to the approved operating hours of the CUP. With regard to the criminal activity, in late 2020 the City established a Metro Team Plus to police the Old Town district, which included 10 sheriff's deputies, Code Enforcement officers, and Fire Department inspectors. The Metro Team Plus performs "sweeps" of the Old Town area and visits all businesses. As a result of the formation of the Metro Team Plus, voluminous information regarding the activities in the Old Town area have been collected. The Metro Team Plus reports back to the City and Mr. Watson on a weekly basis to provide information regarding those activities. 28. Mr. Watson described the criminal activity in the vicinity of The Bank that is a basis for the reason to revoke the CUP in this matter. He stated that there were two incidents of shootings that were particularly concerning. Specifically, in November 2021 in the parking lot adjacent to The Bank after The Bank was closed, a man was shot in the leg and survived. In January 2022, a former employee of The Bank was shot and killed on the doorstep of The Bank, and two other people were shot and seriously injured inside of The Bank. During the 17 years that Mr. Watson has worked for the City, he is aware of only four shootings total occurring in the City during that time. In addition to the shootings described above, there have been numerous fights and brawls in and near The Bank over the past year, including one incident occurring about one month prior to this hearing where at 2:00 a.m. in a parking lot the assailants in a fight were confronted by police and scattered. As a result of the assailant's scattering, 16 one person jumped over a fence and fell 50 feet breaking both of his legs. The Fire Department had to rescue that individual at the creek, which used considerable City assets. Furthermore, there have been numerous incidents of public intoxication, public urination, vomiting, and other "disorderly conduct that has been the hallmark of the operations of The Bank over the last year plus." Mr. Watson stated that The Bank has been overserving alcohol to its patrons causing the public intoxication and other disorderly conduct issues. Additionally, he stated that many of the security personnel at The Bank were "not professionals," "not licensed," and were "instigating or escalating things." He stated that the Metro Team Plus police have witnessed numerous patrons being overserved alcohol at The Bank and coming out drunk and in some cases vomiting. All of these issues have created a violation of the CUP by being a "disorderly house." 79 Mr Watson also testified that The Bank has been violating the CUP with regard to noise violations. He stated that the CUP provides permission for The Bank to have "indoor dinner entertainment consisting of one keyboard or other instrument played with one vocalist for the purpose of background music" daily from noon until 10:00 p.m. However, The Bank has been having a D.J. with speakers pointed into the street intersection producing very loud and excessive noise that is beyond that permitted by both the CUP and by the City noise ordinances. This noise problem has created significant impacts to surrounding businesses, which have complained to the City. Multiple citations and civil penalties were issued to The Bank for these noise violations, but they continue to occur. 30. Mr. Watson stated that nobody from The Bank ever reached out to the City regarding the noise violations or crime. However, with regard to the operating hours, Craig Puma and Amanda Lane both contacted Mr. Watson about one year ago 17 by email asserting that the operating hours in the CUP were incorrect, and they requested that the operating hours be changed to allow The Bank to operate until 2:00 a.m. Mr. Watson had one conversation with each of them to explain the operating hours allowed by the applicable CUP, and that they must file a modification application to the CUP to change the approved operating hours to allow The Bank to remain open until 2:00 a.m. Notably, no person or entity on behalf of CNC Puma, d.b.a. The Bank or Zip Third ever filed a modification application to make that change. 31. Mr. Watson stressed that since the Metro Team Plus has been established, these violations from The Bank have been brought to the attention of the City and numerous citations and civil penalties have been issued to The Bank. However, other businesses in Old Town have also had violations resulting in citations and civil penalties. Mr. Watson stated that those businesses "are being addressed." He stressed that the City is not singling out The Bank for revocation of the CUP, as opposed to enforcing against other businesses. Mr. Watson admitted on cross- examination that in the past 10 years the City has not revoked any other CUP for a business. 32. Mr. Watson also stated that if the CUP is revoked, he is not sure if The Bank will comply because "they have not listened to the City yet." He stated that if the CUP is revoked, then the property will be governed by the specific city plan for Old Town, which allows for use as a restaurant with a type 41 alcohol license to sell beer and wine. 33. Mr. Watson also admitted on cross-examination that he never reached out to Zip Third in an effort to address the violations of the CUP and City ordinances committed by The Bank. 18 TESTIMONY OF TOM COLE 34. Tom Cole is currently employed as a Field Supervisor for the Code Enforcement department of the City. He has worked full-time for Code Enforcement in the City since 1997 and has been employed by the City since 1992. Since 1997 he worked as a Code Enforcement I officer, then as a Code Enforcement II officer, then as a Senior Code Enforcement officer, and finally in his current position as a Field Supervisor. His duties as a Field Supervisor include enforcement of the City's rules, regulations and municipal code to ensure proper property maintenance and quality of life issues for City residents. His duties have remained the same since 2012. 35. Mr. Cole explained that code enforcement cases in the City typically arise from a complaint, which is then verified by investigation. Thereafter, the City issues a notice of violation, such as a warning. If compliance is not obtained, then the City moves forward with issuing an administrative citation. If compliance is still not obtained the City then moves forward with issuing civil penalties. If compliance is still not obtained, then the matter is referred to the City attorney. He stated that an administrative citation has a smaller dollar amount for the fine, than does a civil penalty. The City instituted the civil penalties in order to obtain compliance for businesses that simply pay the lesser fines for the citations as a "price of doing business." Regardless, the citations and civil penalties are simply tools used by the City to get the business to comply. 36. Mr. Cole explained that the City Code Enforcement department does not patrol the streets for code violations, but instead the City "is reactive" and "responds to complaints only." He stated that the City is "seldom proactive," and as a result it is possible that an individual or business could be violating a CUP for a while before the Code Enforcement department would know about it. 1W 37. Mr. Cole is familiar with The Bank and has personally issued all of the citations and all of the civil penalties against The Bank at issue in this matter. Since March 2021 Mr. Cole has gone out with the Metro Team in Old Town every Friday and Saturday night and on each of those occasions has observed The Bank operating well beyond the hours of operation approved in the CUP. Mr. Cole has observed The Bank operating past 11:00 p.m. and serving alcohol to customers inside The Bank well past the approved operating hours. He has also observed customers of The Bank falling down from intoxication and vomiting. On two occasions he observed people trying to pick a fight with the Temecula Police officers after 11:00 p.m. Mr. Cole stated that the operating hours of The Bank first came to the attention of the Code Enforcement department because of a complaint from the Temecula Police Department. Mr. Cole first became aware of The Bank operating outside of its approved operating hours in the CUP in March 2021 when he began walking with police officers and observing the businesses in Old Town. Mr. Cole stated that most of the civil penalties and citations he issued to The Bank were for violations of the CUP's approved operating hours. However, he also cited other violations, such as noise violations. 38. With regard to the noise violations, Mr. Cole explained that when he observed The Bank operating past the approved operating hours in the CUP, he also observed customers of The Bank drinking, and dancing to very loud music provided at The Bank by a live D.J., along with lights. Mr. Cole explained that the TMC provides that a permitted noise level for a business in Old Town is 70 decibels. During his visits to The Bank, Mr. Cole checked the noise level with a hand-held decibel reader, which is calibrated once per year. He would go to the adjacent property to The Bank and use the decibel reader to observe the sound levels emanating from The Bank. When the D.J. was observed playing after approved hours, Mr. Cole measured the decibel levels at 9S decibels on numerous occasions. He stated that he tried to be lenient when the 20 decibel reading was 80 decibels, but if the reading was 90 decibels or above, he would issue a citation to The Bank. Mr. Cole stated that he gave warnings to The Bank prior to issuing any citations for noise violations. Many of the citations issued by Mr. Cole to The Bank were simply paid by The Bank and were never appealed. Mr. Cole testified that the last citation he issued for noise violations from The Bank was on July 3, 2021. He stated that on that day he spoke directly with the contracted D.J., as well as issued a personal citation to that D.J. for noise violations, and he requested that the D.J. resolve the noise issue. The following week the noise issue was resolved, and Mr. Cole has not had noise issues from The Bank on the weekend since that time. However, Mr. Cole thereafter started receiving noise complaints regarding The Bank on Sundays. Accordingly, Mr. Cole started going to The Bank on Sundays to monitor the noise levels. Mr. Cole issued two citations for those Sunday noise violations. According to Mr. Cole, "it took them a few weeks to realize that I went there on Sundays, but after they realized that, the noise abated." 39. Mr. Cole has had conversations with the manager of The Bank, Amanda Lane (previously Amanda Moore), on about five occasions over an 18-month period regarding The Bank's violations of the approved hours of operation in the CUP. During those conversations Ms. Lane has never informed Mr. Cole that she will comply with the permitted operating hours, and Mr. Cole continued to issue citations and civil penalties. Mr. Cole testified that The Bank has paid over $30,000 in fines for both citations and civil penalties to date, and approximately $150,000 of fines from the issued citations and civil penalties remains unpaid. 40. Mr. Cole has had approximately ten conversations with Craig Puma because Mr. Puma is on the Old Town Review Board. Of those ten conversations, only one of the conversations was regarding The Bank's violations of the approved 21 operating hours of the CUP, and it took place sometime between March and June of 2021. Mr. Cole described Mr. Puma as an "absentee owner" of The Bank because Mr. Cole never sees Mr. Puma at The Bank now but would previously see Mr. Puma there before Ms. Lane became manager. According to Mr. Cole, during that one conversation Mr. Puma disagreed with the City's interpretation of the approved operating hours in the CUP. 41. Mr. Cole has never had a conversation with anyone from Zip Third. However, Mr. Cole did send a letter to Zip Third on August 20, 2021, by regular mail to the address he obtained from the California Secretary of State for the agent for service of process for Zip Third, which was Norman Solomon at the Wilshire Blvd. address. Mr. Cole stated that he mistakenly addressed the letter to Norman Sullivan of Zip Third instead of Norman Solomon, but the letter was sent to the correct address and was clearly marked as being addressed to Zip Third. Mr. Cole never received a response to this letter, and he has never been contacted by anyone at Zip Third regarding the violations that occurred at The Bank. Beginning on August 20, 2021, Mr. Cole also sent about 97 different civil penalty letters to Zip Third addressed to Norman Solomon at the Wilshire Blvd. address from the California Secretary of State by regular mail. None of those 97 civil penalty letters were returned to the City as undeliverable. Additionally, no person from Zip Third has ever reached out to Mr. Cole regarding those civil penalty letters. TESTIMONY OF SERGEANT JOSHUA HEPHNER 42. Sergeant Joshua Hephner is currently employed by the Riverside County Sheriff's Department serving the City of Temecula. He explained that the sheriff's deputies serving the City of Temecula are commonly referred to as the Temecula 22 Police Department. Sergeant Hephner has been a peace officer since 2010 and has worked in the City since December 31, 2020. Sergeant Hephner worked from 2017 to 2020 for the Moreno Valley station in the gang enforcement unit and has been designated by California courts as a gang expert. Sergeant Hephner is currently assigned to the City's Metro Team policing the Old Town area, and he joined the Metro Team in October 2021. However, he has policed the Old Town area since he started working at the City. 43. Sergeant Hephner testified that "problems," such as fights, disturbances, driving under the influence (DUI), and overserving alcohol, began occurring "around the COVID pandemic." Specifically, he stated that a lot of other cities shut down their bars, restaurants and other night life because of COVID. The City opened up it bars, restaurants, and other night life sooner than most other cities resulting in an influx of people coming from outside the Temecula area into Old Town, which caused issues. Sergeant Hephner stated that during that time Old Town received a large number of "a mix of people" from different areas and backgrounds, which resulted in arrests for fights, disturbances, public intoxication, DUI, and other crimes. In March 2021 the City formed the Metro Team, consisting of seven sheriff deputies and one sheriff corporal, as well as one motorcycle officer and one community service officer, to provide a safer environment for Old Town. He stated that the Metro Team would go out in Old Town on Wednesdays through Saturdays from 3:00 p.m. to 3:00 a.m. He testified that after 9:00 p.m. or 10:00 p.m. the Old Town area "morphs into a nightclub atmosphere." 44. Sergeant Hephner is familiar with The Bank because shortly after the Metro Team formed in March 2021, a former sergeant noticed problems related to overserving of alcohol at The Bank and resulting disturbances caused by fights, public intoxication etc. He stated that there were also complaints from citizens that the 23 security at The Bank was "heavy handed." Sergeant Hephner has personally observed the overserving of alcohol to customers at The Bank, as well as intoxicated customers becoming belligerent and starting fights, even leading up to a homicide. Sergeant Hephner stated that there was one homicide that occurred on Sunday, January 9, 2022, at 10:40 p.m. at The Bank involving an ex -employee of The Bank, who had worked at The Bank as a security guard. The homicide was a shooting of that employee that occurred on the patio of The Bank, and at least three other individuals were also shot and injured. Sergeant Hephner was familiar with the individual killed on January 9, 2022, because he had interactions with that individual when he worked as a security guard at The Bank. Specifically, there was one incident when the individual killed on January 9, 2022, had violently assaulted a person on the dance floor of The Bank by hitting the person and making them unconscious requiring hospitalization. Sergeant Hephner stated that the individual killed on January 9, 2022, had a criminal history and was on probation for a felony conviction at the time he worked at The Bank. Sergeant Hephner testified that on January 13, 2022, there was a candlelight vigil outside of The Bank for the homicide victim, and Sergeant Hephner spoke to an individual at the vigil. That person gave Sergeant Hephner false information regarding his identity. Sergeant Hephner "figured out" who that person was and discovered that the person had a loaded gun inside a fanny pack on his person and had a prior felony conviction. The person was arrested for being a convicted felon in possession of a firearm. Sergeant Hephner stated that this type of proactive enforcement arrest potentially prevented another homicide. Another shooting occurred in November 2021 when some patrons at The Bank were celebrating a birthday and got into a verbal altercation. The patrons walked 24 outside of The Bank about 50 to 100 feet onto the sidewalk, and the shooting occurred with the victim being taken to the hospital. 45. Sergeant Hephner has also witnessed a laundry list of incidents related to The Bank. He stated that when deputies stop individuals who ultimately get arrested for DUI, on many occasions they tell the deputies that they are coming from The Bank. While those individuals arrested for DUI also come from other locations, many times they state that they were at The Bank prior to driving. Sergeant Hephner has observed several assaults per night happening in front of deputies and in front of The Bank. Sergeant Hephner has also observed on many occasions the security guards at The Bank push individuals, who are fighting, away from The Bank and into the street in order to get them away from The Bank. He also frequently sees public intoxication either in front of The Bank or down the street from The Bank. When he arrests someone for public intoxication, he asks where they are coming from and frequently, they say The Bank. Most of the incidents he describes occur after 11:00 p.m. with the vast majority of those incidents occurring closer to midnight to 2:00 a.m. Sergeant Hephner has personally observed The Bank remain open after 11:00 p.m. every weekend. 46. Sergeant Hephner stated that he has had concerns regarding the security guards employed by The Bank because some of those security guards have criminal records, don't go through the proper procedures to obtain a license as a security guard, and were "antagonizing." Sergeant Hephner described an incident when deputies were investigating the November 2021 shooting on the sidewalk in front of The Bank. Specifically, one of the witnesses to the shooting was a security guard employed by The Bank and whom Amanda Lane only knew by the moniker "Venom" or "Virus." Ms. Lane either could not or would not give the deputies the real name of 25 the security guard. When deputies asked him for his real name, the security guard refused to give it to them, and the security guard was uncooperative with them. Sergeant Hephner testified that when he hears of monikers like "Venom" or "Virus" the first thing that comes to mind are gang members who utilize such monikers, and he believes that the security guard was a gang member. He also testified that it is critical that the sheriff deputies get full cooperation from the businesses in Old Town when investigating crimes. Sergeant Hephner also stated that having security guards with criminal records tends to attract other people with criminal records to The Bank causing more problems. TESTIMONY OF STUART FISK 47. Stuart Fisk is employed by the City as a Planning Manager, and in 2012 he worked for the City as a Senior Planner. Mr. Fisk was involved in the issuance of the 2012 minor modification application for the CUP at issue in this matter. Mr. Fisk was responsible for processing the approval documents for the 2012 minor modification application that ultimately resulted in the CUP applicable for The Bank today, and at issue in this hearing. Mr. Fisk testified that with regard to the CUP that sets forth the approved final conditions for the operation of The Bank, there was an initial CUP application in 2007, there was a minor modification application to that CUP in 2008, and there was a 2012 minor modification application to the CUP that was approved and set forth the approved conditions for operation that continue to be in effect today. Mr. Fisk stressed that there were no other modifications to the CUP at issue in this hearing. Mr. Fisk testified that in 2009 The Bank wanted to expand their ability to sell alcohol on their patio, which required a delineation of those areas by some type of railing. He stated that the City accomplished this request by modifying the development plan to show on the site plan for the property where the fencing would 26 go along Front Street. However, he stressed that this 2009 modification to the development plan was not a modification of the CUP and had nothing to do with the CUP. 48. Mr. Fisk stated that in 2012 Patrick Richardson was the Director of Planning for the City and was also Mr. Fisk's supervisor. Mr. Fisk noted that Mr. Richardson was responsible for approving or denying a minor modification to the CUP application by an administrative approval or denial. When Mr. Puma filed the 2012 minor modification to the CUP application, Mr. Fisk met with Mr. Richardson in Mr. Richardson's office to review the original CUP, the approved 2008 minor modification to the CUP, and the 2012 minor modification application. According to Mr. Fisk, Mr. Richardson was not comfortable with the change of the hours of operations as set forth in the approved 2008 minor modification to the CUP. Mr. Fisk stated that the 2008 minor modification application to the CUP was approved by a different Director of Planning for the City, a person who had the job prior to Mr. Richardson. Mr. Richardson expressly stated to Mr. Fisk that he would approve the 2012 minor modification application only if the hours of operations for The Bank was set back to that provided in the original 2007 CUP. Mr. Richardson instructed Mr. Fisk to change the approved hours of operation for The Bank to what was set forth in the original 2007 CUP, and Mr. Fisk did so himself. Mr. Fisk stressed that the approved conditions for the 2012 minor modification of the CUP were not accidental or any sort of clerical error but were instead purposely selected. Mr. Fisk testified that Mr. Richardson told him that Mr. Richardson had been in touch with Mr. Puma regarding the 2012 minor modification application, but Mr. Richardson did not tell Mr. Fisk the nature or substance of those communications. 27 49. When the final 2012 minor modification application to the CUP was approved by the City, Mr. Fisk provided Mr. Puma with the approval letter, as well as the attached final conditions of approval, which included the hours of operation being reverted back to what they were in the original 2007 CUP. Neither Mr. Puma nor anyone from The Bank ever contested the conditions of approval for that 2012 minor modification to the CUP application. TESTIMONY OF JOHN CARRINGTON 50. John Carrington is currently employed as a private investigator and was retained by the City to perform an undercover investigation of The Bank. Mr. Carrington has been to The Bank on one occasion on July 10, 2022, which was a Sunday, to perform the undercover investigation. He arrived at The Bank at 7:15 p.m. and went inside The Bank at about 8:00 p.m. Mr. Carrington stayed at The Bank until about 11:00 p.m. that day and when he left The Bank was still operating. Mr. Carrington noted that he saw The Bank sell six shots of tequila to a patron that night at 10:39 p.m. During the time Mr. Carrington was at The Bank he purchased three alcoholic beverages including one shot of tequila at 10:03 p.m. Mr. Carrington testified that there was a D.J. playing music at The ,Bank that night. 51. At about 11:00 p.m. Mr. Carrington went outside of The Bank with the intention of taking decibel readings with his iPhone and then returning to The Bank for further observation. However, when he went outside, he was approached by two individuals, whom he recognized as security guards from The Bank. He knew that these two individuals were security guards from The Bank because he saw them inside The Bank wearing security shirts. According to Mr. Carrington, the two individuals threatened to "beat him up" if he did not give them his mobile phone. The security guards accused him of taking photographs inside The Bank and demanded to see his :1 iPhone. Mr. Carrington refused to give his phone to the two individuals. After this interaction Mr. Carrington did not enter The Bank again. However, he did take four different decibel readings of the noise outside of The Bank with his iPhone with the highest readings being 87, 83 and 80 decibels. Mr. Carrington stated that he plays in a band and frequently utilizes this particular application on his iPhone to take decibel readings. Mr. Carrington finally left the area of The Bank at about 11:25 p.m. 52. At the time Mr. Carrington left The Bank at 11:25 p.m., The Bank was still operating and selling alcohol. TESTIMONY OF JEFFREY BRIAN LETOURNEAU 53. Jeffrey LeTourneau is currently employed as a private investigator and was retained by the City to conduct an undercover investigation at The Bank. Mr. LeTourneau was tasked by the City to go to The Bank to monitor the hours of operation and the noise levels outside of The Bank during operation. Mr. LeTourneau went to The Bank on three occasions, namely on July 13, 2022, on July 20, 2022, and on July 27, 2022. On July 13, 2022, he arrived at The Bank with his partner at 7:30 p.m. for an event called "Quality Dance Party," which he described as a "toned down drag show," where the performers were lip syncing along with speakers playing music near the dance floor. The event ended at about 11:50 p.m. that night. Mr. LeTourneau walked out of The Bank on July 13, 2022, to go across the street to take a noise reading, and he and his partner ultimately left The Bank that night at 12:20 a.m. Mr. LaTourneau stated that The Bank closed operations that night at midnight. He stated that The Bank continued to serve alcohol to customers after 10:00 p.m. that night, and Mr. LaTourneau purchased two beers at The Bank after 10:00 p.m. that night. r%s] On July 20, 2022, Mr. LaTourneau and his partner went to The Bank at 7:15 p.m. for a drag show and they ultimately left The Bank at 12:50 a.m. The live entertainment that night at The Bank was a drag show with lip syncing performers utilizing recorded music with speakers. The drag show that night lasted from 9:15 p.m. to 10:45 p.m. On July 20, 2022, The Bank stopped its operations at 12:35 a.m. The Bank continued to serve alcohol'to its customers on July 20, 2022, after 10:00 p.m. and Mr. LaTourneau purchased two beers after 10:00 p.m. that evening. On July 27, 2022, Mr. LaTourneau arrived at The Bank at 8:15 p.m. and left The Bank that night at 12:15 a.m. The entertainment at The Bank that evening were two male dance performers with recorded music. The entertainment that evening at The Bank started at 10:45 p.m. and ended at 11:30 p.m. The Bank closed its operations that night at 12:15 a.m. The Bank served alcohol to customers that night after 10:00 p.m. and Mr. LaTourneau purchased beers that evening from The Bank after 10:00 p.m. The Bank's Evidence 54. CNC Puma, d.b.a. The Bank, presented two witnesses at the hearing. The following factual findings are based on their testimony and related documents received in evidence. TESTIMONY OF CRAIG PUMA 55. Craig Puma is part owner of CNC Puma, d.b.a. The Bank. Mr. Puma stated that CNC Puma, is a corporation started in 2007 by himself for purpose of the ownership and operation of The Bank, and that CNC stands for Craig and Cristy Puma. Christy Puma is now Craig Puma's ex-wife, but at that time was his wife. Mr. Puma was originally the president of CNC Puma, but he is now a board member. Mr. Puma no longer has any involvement in the day-to-day operations of The Bank other than as a 30 consultant when his assistance is needed. Mr. Puma was actively involved in the day- to-day operations of The Bank up to the time Mr. Puma and his now ex-wife sold a partial ownership interest in CNC Puma to Amanda Lane and Ryan Parent on February 27, 2020. 56. Mr. Puma was also a member of the Old Town local review board appointed by the Temecula mayor for nine years. Mr. Puma worked with the Director of Planning for the City for nine years during that time. 57. Mr. Puma is the person who filed the original 2007 CUP application, the 2008 minor modification application to the CUP, and the 2012 minor modification application to the CUP for The Bank. Mr. Puma filed the 2007 CUP application in order to upgrade from a type 41 alcohol license (which allows beer and wine sales) to a type 47 alcohol license (which allows for sale of beer, wine, and distilled spirits). The type 41 and 47 alcohol licenses are issued by the State agency of Alcohol Beverage Control (ABC) and not the City. 58. After the 2007 CUP was approved by the City with the final conditions including that the hours of operation as set forth above, Mr. Puma thereafter in 2008 filed a minor modification application to the CUP to request that the hours of operation of The Bank be extended to 2:00 a.m. with last call for alcohol at 1:30 a.m. The 2008 minor modification application to the CUP was approved within a week or two and was "not real complicated." Mr. Puma understood that the 2008 minor modification to the CUP allowed The Bank to operate until 2:00 a.m. 59. Mr. Puma thereafter went into the City and filed the 2012 minor modification application to the CUP to request background music for lunch and dinner crowds at The Bank. Mr. Puma testified that he submitted the 2012 minor modification 31 application, paid the $300 fee for the application, and a couple of days later Mr. Puma received the approval for the 2012 minor modification application. Mr. Puma testified that there was no discussion with anyone at the City regarding the operating hours of The Bank at the time he filed the 2012 minor modification application. When Mr. Puma received the approval for 2012 minor modification application for the CUP, he "saw that it had the addition of music," and he kept a copy of the approval at the bar of The Bank. Mr. Puma testified that at the time he received that approval it was his understanding that he still had approval to operate The Bank until 2:00 a.m. Mr. Puma testified that he did not "catch it" that the 2012 minor modification approved hours had changed back to that of the original 2007 CUP. Mr. Puma testified at the hearing, "it was obvious to me that the City made an honest mistake [on the 2012 minor modification approval] and copied and pasted the wrong CUP — the 2007 CUP and not the 2008 CUP — and I did not catch it at the time." Mr. Puma stated that he believes that the City staff mistakenly copied and pasted the operating hours from the 2007 CUP into the 2012 minor modification to the CUP instead of using the proper 2008 minor modification to obtain those hours. Mr. Puma stated that he did not read the 2012 minor modification application of the CUP approved terms, and he did not ever request an appeal of the approved terms of that 2012 minor modification. He also never submitted another minor modification application to modify the CUP. 60. After the 2012 minor modification to the CUP was approved, Mr. Puma continued to operate The Bank up to 2:00 a.m. because he understood that he had approval to do so. Mr. Puma continued to operate The Bank until 2:00 a.m. until he sold a portion of CNC Puma in February 2020. During that time frame, Mr. Puma operated The Bank until 2:00 a.m. He stated that sometimes he would close The Bank 32 at 1:00 a.m. because he was "getting a crowd" he did not want because most of those people were getting kicked out of other places. However, he mostly stayed open until 2:00 a.m. on the weekends during that period of time with no complaints from the City regarding those hours of operation. 61. In early 2021 Amanda Lane, part owner and the current manager of The Bank, called Mr. Puma and asked about the approved hours of operation in the CUP. Mr. Puma told her that a copy of the 2012 minor modification approval of the CUP was at the bar of The Bank. Ms. Lane told Mr. Puma that "they did a cleaning and threw it away because they did not know what it was." Ms. Lane told Mr. Puma that the City had contacted her about the approved operating hours. In an effort to obtain clarification, Mr. Puma emailed Luke Watson in February 2021 requesting clarification of the approved operating hours for The Bank. In the email, Mr. Puma wrote, in part, as follows: In 2012 we applied for a Minor Mod to allow us to have indoor music. At that time, I believe and [sic] error was made and the hours were taken from the original Conditions, requiring we close at 10pm during the week and 11 pm on Friday and Saturday except for Cinco De Mayo and other holidays. We continued to stay open until tam since. For a brief period, in 2016, I believe, Christy and I made the decision to close at lam. Last call was at 12:30am. That was our choice due to the town getting a bit crazy after lam. We have never been told to close before tam and we have always been responsible business owners.... 33 Mr. Puma testified that Mr. Watson responded by providing the currently approved operating hours in the 2012 minor modification to the CUP. Mr. Puma then reached out to ABC to obtain a copy of the 2008 minor modification to the CUP showing that the approved hours at that time were until 2:00 a.m. Mr. Puma testified that he was trying to work with the City to "fix the issue" because the operating hours in the current CUP "were obviously wrong because we never discussed any change to the operating hours." On March 3, 2021, Mr. Puma emailed a copy of the 2008 minor modification to the CUP to Mr. Watson with the statement, "I'm not sure why you don't have these conditions in the file for The Bank, but here's a copy for you." Mr. Puma admitted that he has had no further communications with the City regarding the approved operating hours for The Bank since this email. 62. Mr. Puma admitted on cross-examination that he is aware that CNC Puma has paid the City thousands of dollars in fines for the citations discussed above. However, he also admitted that he has never appealed any of those citations, but believed that Ms. Lane was doing so because she told him she was "fighting the citations." However, he also admitted that he was not aware of exactly what Ms. Lane was doing to "fight the citations." He stated he is not aware of any person submitting an appeal document to the City for any of the citations or civil penalties. 63. With regard to the use of a D.J. as entertainment at The Bank, Mr. Puma testified that he did not believe he needed a modification to the CUP to have a D.J. because he does not believe that a D.J. is live entertainment and is instead just a recording. With regard to drag shows, Mr. Puma stated that he believes a drag show complies with the approved condition of the 2012 CUP approving indoor music with one instrument and one vocalist because it is "indoor live entertainment." He admitted 34 that the live entertainment was approved to happen during dinner, and he simply stated that drag shows are "not his thing." 64. Mr. Puma admitted that he never talked to Norman Solomon or anyone else from Zip Third about the citations or civil penalties discussed above. Mr. Puma testified that the last conversation he had with Norman Solomon was to inform him that Mr. Puma would be moving out of the country, and that Ms. Lane and Ryan Parent would be dealing with the day-to-day operations of The Bank and would be communicating with Mr. Solomon. 65. Mr. Puma testified that he is aware that CNC Puma filed for Chapter 11 bankruptcy sometime after February 2020. He was not aware of exactly when or the specifics because "that was done by Amanda and Ryan." TESTIMONY OF AMANDA NICOLE LANE 66. Amanda Lane, formally known as Amanda Moore, is one of the owners of CNC Puma, d.b.a. The Bank, acts as the President and C.E.O. of CNC Puma, d.b.a. The Bank, and is the day-to-day manager of The Bank. She has held these positions since February 27, 2020, when she and Ryan Parent took partial ownership of CNC Puma, d.b.a. The Bank. Ms. Lane testified that there are currently four owners of CNC Puma, d.b.a. The Bank, namely herself, Craig Puma, Christy Puma, and Ryan Parent. Her duties are oversight of all operations of the restaurant, including scheduling employee hours, managing payroll for employees, all administrative duties, interacting with the community and law enforcement, even bussing tables. Ms. Lane generally has an on - site presence at The Bank during almost all operating hours. Ms. Lane and Ryan Parent took a partial ownership in CNC Puma, d.b.a. The Bank, on February 27, 2020, and two - and -a -half weeks later the COVID pandemic forced them to shut down the restaurant. 35 The year 2020 was devastating financially to the business. At the end of 2020, The Bank again was operating as it had previously until 2:00 a.m. 67. Ms. Lane described The Bank as a bar and restaurant serving Mexican food. The Bank is closed on Mondays, but is open at 11:00 a.m. on Tuesdays through Fridays, and opens at 9:00 a.m. on Saturdays and Sundays. On Fridays and Saturdays, The Bank typically closes at 2:00 a.m., and on Sunday The Bank closes sometime between 10:00 p.m. and 12:00 a.m. depending on the amount of business. During the hours of operation, and particularly during the evening hours on Friday and Saturday nights, Ms. Lane is normally located outside The Bank at the corner where she can see inside the restaurant and can watch the people coming into The Bank to ensure those people are not drunk. During Friday and Saturday nights, there is lots of foot traffic and road traffic near The Bank, and "people are bouncing from one place to another." She stated that people tend to visit multiple establishments in one evening. Ms. Lane stated that the location of The Bank is at the busiest intersection in Old Town and "everything goes through that intersection." There is no designated parking for The Bank. Ms. Lane stated that on Friday and Saturday nights, there is lots of activity around The Bank, including people going to dinner at different restaurants, groups of people looking for a place to go, bachelorette parties, homeless people, intoxicated people, and people driving and "running stop signs." Ms. Lane supervises all employees at The Bank, including the security guards. She stated that now the security guards at The Bank are licensed. However, she admitted on cross-examination that only since July 31, 2022, have all the security guards at The Bank been wearing clothing as required by City ordinances. She also admitted that in the past year -and -a - half not all the security guards working at The Bank have been licensed as security 36 guards. Ms. Lane testified that it was not required that the security guards be licensed. She also admitted that she did not obtain any criminal background checks on the security guards and "bouncers" who worked at The Bank, because that was not required. Ms. Lane admitted that she did not know if any of her current or former security guards have criminal convictions. 68. Ms. Lane also supervised the bartenders at The Bank and stated that all bartenders at The Bank are certified with the liquor certification from ABC. Ms. Lane also trains the bartenders and provides "pour test training" to ensure that they are pouring the correct amount of alcohol for a drink. She also instructs bartenders that they cannot overserve customers such that the customer will become drunk. If a bartender feels that a customer is impaired, they can stop serving alcohol to the customer and can also have the customer thrown out of The Bank. Ms. Lane stated that most customers at The Bank have been at other bars and restaurants in Old Town already, and it can sometimes be difficult to know how much alcohol those customers have consumed prior to coming to The Bank. 69. Ms. Lane stated during her testimony that since the end of 2020, The Bank has had a live D.J. performing at The Bank on the weekends. She stated that the D.J. typically starts performing anywhere from 2:00 p.m. to 9:00 p.m. and will perform up until 1:00 a.m. depending on the day. 70. Ms. Lane testified that when she is working outside of The Bank that she and her security guards look for individuals trying to enter The Bank who are intoxicated, stumbling or stuttering, or those who "are looking for trouble." She stated that she "screens people" entering The Bank and she, as well as the security guards, will deny access to The Bank to anyone who appears to be drunk or looking to cause trouble. Ms. Lane stated that she denies entry to people trying to enter The Bank 37 numerous times on each of Friday, Saturday, and Sunday nights. Additionally, Ms. Lane walks through the inside of The Bank once every 30 minutes, and if someone is showing signs of impairment and looks like they will "cause problems" she has a security guard escort that person out of The Bank. Ms. Lane stated that she makes many phone calls to the Temecula Police while she is working outside The Bank at the front door because she can see in every direction in Old Town from her location. She stated that she sees fights, DUI's, people vomiting, people "passing out" and falling because of being drunk, and people urinating in the parking lot. Ms. Lane insisted during her testimony that none of these people she observes were associated with The Bank or "had anything to do with The Bank." Ms. Lane knows half of the police officers who patrol Old Town by first name, and she has numerous personal mobile phone numbers of those officers. She stated that she calls the police frequently on Friday and Saturday nights for various problems in Old Town, but she stated, "most of my calls to police have nothing to do with our restaurant." 71. With regard to the shooting in January 2022 at The Bank where a person was killed, Ms. Lane testified that there was nothing that The Bank could have done to prevent a 22-year-old person from entering the property and shooting people. The person who was killed was a "former bouncer" at The Bank and had been fired from his job about six to eight months prior to the shooting. At the time of the shooting, the person killed worked at another restaurant down the street from The Bank. After this shooting, The Bank complied and cooperated with all requests from the Temecula police. 72. With regard to the shooting that occurred in November 2021 near The Bank, Ms. Lane was the individual who called 911 because of that shooting. She stated that the shooting happened after 1:00 a.m. and she heard the gunshot. A bouncer at t: The Bank told Ms. Lane he heard the gunshot and saw the flash from the gun. She stated that she cooperated with the police investigation regarding that shooting, and that the police determined that the shooter never went into The Bank. Ms. Lane stated that there was a bouncer who had worked at The Bank on the night of the November 2021 shooting who had the nickname, Virus. According to Ms. Lane, Virus was an artist and Virus was "his artistic name." Virus worked at The Bank only for about three to four months. On the night of the November 2021 shooting, Sergeant Hephner informed Ms. Lane that Virus refused to cooperate with the police investigation of the shooting and would not provide his real name. As a result of learning this information, Ms. Lane fired Virus from his job at The Bank. Ms. Lane stated that she has one other employee who "goes by a moniker" and that person is known as Eagle. She explained that Eagle is a Native American and his father gave him that nickname. 73. Ms. Lane testified that many of the police calls made for incidents around The Bank were not caused by customers of The Bank, and many of the police calls in the area were from other businesses in the area. Ms. Lane obtained a log of calls for service from the Riverside Sheriff's Department for Old Town through a records request. She discussed many of the calls logged on that report. 74. At the time Ms. Lane and Ryan Parent purchased a portion of CNC Puma, d.b.a. The Bank, Ms. Lane understood that the allowed operating hours for The Bank were from 8:00 a.m. to 2:00 a.m. Prior to purchasing The Bank, Ms. Lane had been there many times and stayed up to 2:00 a.m. when The Bank was operating. In February or March 2021, Ms. Lane received the first warning citation from the City for being open past approved hours. Ms. Lane contacted Mr. Cole, the individual who writes citations, regarding the warning. She stated that Mr. Cole "did not have a lot of information." Ms. Lane then went to City Hall and requested "all the CUPS" for The 39 Bank. She stated that the City only provided her with the original 2007 CUP and the 2012 minor modification to the CUP, but not the 2008 minor modification to the CUP. She stated that she asked for the 2008 CUP because Mr. Puma told her it existed. Eventually, Ms. Lane obtained the 2008 minor modification to the CUP from Mr. Puma. Ms. Lane sent an email on March 11, 2021, to Brad Landon, the agent for service of process for CNC Puma, d.b.a. The Bank, with the attached 2012 minor modification to the CUP with the following comment: This is where music was added and the tam time was left out (I think is [sic] was just an error on the city's part). Ms. Lane then forwarded that email in September 25, 2021, to a fire marshal for the City in an effort to get clarification. Ms. Lane stated that after she did so she "thought things were still in limbo." Ms. Lane stated that she thought there were many errors in the 2012 minor modification of the CUP and she "wanted them corrected," but primarily the operating hours issue. Ms. Lane stated that she never applied for a minor modification to the 2012 CUP to get approved hours of operation of up to 2:00 a.m. because "I complied with the 2008 CUP, and there was no reason to do so." Ms. Lane admitted that she has been closing The Bank at 2:00 a.m., and she continues to do so. She stated that if she did not operate until 2:00 a.m., then The Bank would be insolvent in 30 days. She stated that most of the money made at The Bank happens from midnight to 2:00 a.m. 75. Ms. Lane admitted that she paid over $15,000 in fines associated with citations and civil penalties issued by the City for The Bank operating beyond approved hours. She admitted that The Bank continued to receive citations and civil penalties with fines for that reason with fines totaling well over $100,000. She stated that she was a new business and did not want to make an enemy of the City so they ,X just paid the fines. Ms. Lane admitted that she, and no person from The Bank, ever appealed the citations or civil penalties. Instead, she stated that "I figured once [the City] figured it out that they would refund the money." 76. In July 2021 Ms. Lane contacted David Pinkerton, a person she believed at the time was the property owner of the land where The Bank sits, to inform him of the multiple citations received by the City. Ms. Lane stated that in 2021 she had only two contact numbers, one was for David Pinkerton and another was for Sean Pinkerton, and she believed that both of those individuals worked for Zip Third, the property owner. However, David Pinkerton in fact worked for a company named Metro Resources, which is a property management company hired by Zip Third. Ms. Lane stated that Mr. Pinkerton never told her that he would do anything about the citations or civil penalties, but that Mr. Pinkerton was aware that the City was citing and fining The Bank for operating outside of approved business hours. It was not until June or July 2022 that Ms. Lane first had a conversation with Norman Solomon of Zip Third regarding any citations or civil penalties issued by the City to The Bank. Ms. Lane stated that at that time she had a long phone call with Mr. Solomon to "go over the citations," and "what was going on with the bankruptcy case." This was the first phone call or other communication that Ms. Lane had with Mr. Solomon. Ms. Lane has never read the lease agreement between The Bank and Zip Third, other than portions that were sent to her recently from Mr. Solomon regarding her obligation to provide notices to Zip Third. Zip Third's Evidence 77. Zip Third presented two witnesses at the hearing. The following factual findings are based upon their testimony and related documents received in evidence. 41 TESTIMONY OF NORMAN SOLOMON 78. Norman Solomon is the manager of Zip Third, a company that "has no employees." Mr. Solomon testified that Zip Third purchased the property where The Bank sits in 2016 from the estate of Maureen Licata. Mr. Solomon is 76 years of age and has worked in real estate development and management for over 40 years. Mr. Solomon owns over 100 properties and is involved in close to 100 limited liability companies. Mr. Solomon buys properties both as an individual, with partners, and as a limited liability company. Mr. Solomon owns multiple properties in Old Town, including several on the same block as The Bank. Mr. Solomon owns nine different properties in the City and has owned properties in the City for over 10 years. The City has never complained to Mr. Solomon about any of his properties, other than The Bank. Mr. Solomon testified that the main office for Zip Third is on Wilshire Blvd. in Los Angeles. However, Mr. Solomon has not been to that location regularly since March 2020 when the COVID pandemic began. 79. Mr. Solomon first learned of the City's intention to revoke the CUP in this matter on July 1, 2022, when he received a telephone call from Jennifer Petrusis. Mr. Solomon "was stunned" and informed her that he knew nothing about any violations of the CUP by The Bank. Ms. Petrusis told Mr. Solomon that a hearing in this matter was already being scheduled, and Mr. Solomon asked for additional time so he could investigate. After this phone call, Ms. Petrusis sent the May 19, 2022, letter from Mr. Watson regarding the City's intention to revoke the CUP to Mr. Solomon. The next communication Mr. Solomon had with Ms. Petrusis was on July 5, 2022, and again Mr. Solomon asked for additional time to obtain an attorney familiar with the City. He told Ms. Petrusis he wanted to work in a productive way to resolve the issues. 42 80. Mr. Solomon testified that "his office" first found out about the City's citations and civil penalties for The Bank in March 2022. After Mr. Solomon got a phone call from Jennifer Petrusis on July 1, 2022, he contacted his office to ask if there had been any correspondence from the City regarding the citations and civil penalties, and he was told yes. He asked for the office to collect all communications and put in one file. Mr. Solomon stated that the earliest communication from the City in that file was postmarked March 7, 2022. Mr. Solomon stated that the office only had 16 violation letters contained in eight envelopes. Mr. Solomon denied ever seeing the August 2021 letter from Mr. Cole regarding the violations. 81. In July 2022 after speaking to Ms. Petrusis, Mr. Solomon had multiple phone calls with Ms. Lane to investigate the matter. According to Mr. Solomon, Ms. Lane told him that The Bank was not violating the CUP, but that the City had made a clerical error on the 2012 minor modification of the CUP and she was "working to resolve it." Mr. Solomon stated that prior to learning about the violations of the CUP, he never had any issues with Ms. Lane and she paid her rent on time and was generally helpful. Mr. Solomon had also never received any complaints from any other businesses in Old Town regarding The Bank, so he had no reason to believe any of the issues listed in the citations and civil penalties were happening. Mr. Solomon asked Ms. Lane multiple times to comply with the hours of operation as approved in the 2012 CUP, but Ms. Lane told him that The Bank would "go under" if she did that. 82. After his conversation with Ms. Petrusis, Mr. Solomon also contacted David Pinkerton, the property manager, to discuss the issues. Mr. Solomon learned that Mr. Pinkerton had received notice of citations and civil penalties beginning in March 2022. Mr. Pinkerton also told him that Ms. Lane informed him of the citations and civil penalties, and Mr. Pinkerton believed that Ms. Lane was "taking care of it." 43 83. Mr. Solomon stated that he did not learn that CNC Puma, d.b.a. The Bank, was in bankruptcy proceedings until July 2022 when he learned about the City's intention to revoke the CUP. Mr. Solomon stated that he had to retain a bankruptcy attorney to get relief from the automatic stay in order to begin the process of an unlawful detainer against The Bank in order to resolve the City's issues. According to Mr. Solomon, The Bank had previously filed another bankruptcy in 2019 or 2020 because The Bank was behind in their rent payments. At that time Mr. Solomon had hired a bankruptcy attorney to get relief to file an unlawful detainer action against The Bank. However, that bankruptcy was ultimately dismissed, and Ms. Lane and Ryan Parent paid all back rent in August 2020. The Bank has been up to date with its rent payments ever since and is currently up to date. Mr. Solomon stated that now that the bankruptcy case filed by The Bank has been dismissed as of late August 2022, he is now in the process of obtaining an attorney to file an unlawful detainer against The Bank. 84. Mr. Solomon testified that he has a custom and practice of maintaining a good relationship with the City and its officials. Mr. Solomon stated that he was one of the founding members of the Old Town Business Association and helped to write its by-laws. If Mr. Solomon had proper notice of the citations and civil penalties issued against The Bank at the time they were issued, he would have immediately contacted Mr. Cole and tried to arrange a meeting with the City Manager to discuss the issues. After he received a phone call from Ms. Petrusis, Mr. Solomon immediately requested a meeting with the City Manager of the City, but the City Manager declined to meet with him. Mr. Solomon believes that if the CUP is revoked, The Bank will continue violating the CUP until Mr. Solomon evicts The Bank from the property. He believes this based on his conversation with Ms. Lane. Mr. Solomon stated that if the CUP is revoked, the value of the property will decrease. He also believes that he has not been 44 treated fairly by the City because his notice of these issues was insufficient for him to properly address them prior to the revocation hearing. Mr. Solomon stated he has never had this level of difficulty with any government entity. TESTIMONY OF LAZARO FERNANDEZ 85. Lazaro Fernandez is an attorney specializing in bankruptcy law. He has been in private practice as an attorney since July 1989 and has handled thousands of bankruptcy cases. Mr. Fernandez was hired by Zip Third in late July or early August of 2022 to file a motion to convert the bankruptcy of CNC Puma, d.b.a. The Bank, from a Chapter 11 bankruptcy to a Chapter 7 bankruptcy, and to obtain relief from the automatic stay. Mr. Fernandez has filed two applications in the bankruptcy court regarding those issues and obtained hearings for those applications. 86. Mr. Fernandez explained that while The Bank is in bankruptcy, Zip Third is prevented from filing an unlawful detainer to evict The Bank. Mr. Fernandez appeared in bankruptcy court regarding the two applications referenced above. The bankruptcy court thereafter issued an order on August 23, 2022, which was received in evidence, dismissing the Chapter 11 bankruptcy all together, thereby rendering moot the motion for relief from the automatic stay. As a result, Zip Third is no longer prevented from initiating a unlawful detainer action against The Bank. The Parties' Arguments 87. The City argues that it has met its burden to establish that CNC Puma, d.b.a. The Bank, has violated the CUP's approved operating hours, as well as the live entertainment provision of the CUP, and has become a disorderly house as prohibited in the applicable CUP. The City also argues that it has provided sufficient notice of 45 these violations to both CNC Puma, d.b.a. The Bank, and to Zip Third. Accordingly, pursuant to TMC section 17.03.085, the City requests revocation of the CUP. 88. CNC Puma, d.b.a. The Bank, argues that operating hours as set forth in the 2012 minor modification of the CUP are erroneous and not valid because the City simply, erroneously, and carelessly, copied and pasted the operating hours from the 2007 CUP into the 2012 CUP without consideration of the 2008 minor modification to the CUP. Accordingly, CNC Puma, d.b.a. The Bank, argues that the approved operating hours in the 2012 minor modification to the CUP are not applicable and the 2008 minor modification to the CUP is applicable. CNC Puma, d.b.a. The Bank, also argues that the City's evidence regarding the "disorderly house" issue is insufficient to establish that The Bank was responsible for all the issues in Old Town regarding fighting, public intoxication, and other issues constituting a disorderly house. With regard to noise issues, CNC Puma, d.b.a. The Bank, argues that the evidence establishes that the noise issue was resolved in July 2021. However, CNC Puma, d.b.a. The Bank, failed to make any argument regarding the alleged violation of the CUP by having live entertainment beyond that approved. Additionally, CNC Puma, d.b.a. The Bank, also argues that the City failed to do anything to enforce the 2012 CUP approved operating hours violations by The Bank for over nine years, essentially arguing that the doctrine of laches prevents the revocation of the CUP. 89. Zip Third argues that the City failed to provide proper notice to Zip Third regarding The Bank's violation of the 2012 minor modification of the CUP, and because of that "even should the ALJ revoke or modify as to The Bank, it should not revoke or modify as to Zip Third" because Zip Third has done nothing to support the CUP revocation and Zip Third is not responsible for The Bank's operations. Zip Third also argues that the City failed to provide proper notice regarding the citations and civil penalties to Zip Third because the City did not send those notices by certified mail to Zip Third pursuant to TMC Section 1.21.050 (13). LEGAL CONCLUSIONS Burden and Standard of Proof 1. The Zoning Regulations regarding Conditional Use Permits in the City of Temecula are contained in Title 17 of the Temecula Municipal Code. Title 17.030.085 of the Temecula Municipal Code governs the revocation or modification of CUPS, including the procedure for appeal and public hearing. Pursuant to TMC Section 17.03.085 (A)(4), at the hearing of an appeal "[t]he planning director, or designee, shall have the burden of proof to establish by clear and convincing evidence the facts upon which his or her recommendation to revoke the permit is based." 2. "Clear and convincing evidence" requires a high probability of the existence of the disputed fact, greater than proof by a preponderance of the evidence. Evidence of a charge is clear and convincing as long as there is a high probability that the charge is true. (People v. Mabini (2001) 92 Cal.AppAth 654, 662.) Applicable TMC Sections 3. Title 17.030.085 (A)(1)(a) of the TMC provides: If the planning director determines that any conditions of approval of a conditional use permit, variance, development plan, or other land use entitlement have been violated, or that the permittee is operating in a manner that is 47 inconsistent with or that is not in accordance with the approved statement of operations, or that such entitlement is being used in a way that is injurious to the public health, safety, or welfare, the planning director shall send notice to the permit holder and the city clerk. The planning director may consult with the chief of police or fire chief in making this determination. The notice shall provide sufficient information to inform the permit holder of the reasons why the planning director is recommending that the permit be revoked and shall specifically identify the findings for revocation as set forth is subsection (A)(4) below, and that a public hearing shall be held before an independent hearing officer to determine whether the permit should be revoked, modified, or remain unchanged. 4. Title 17.030.085 (A)(1)(b) of the TMC provides that the city clerk shall refer the matter to the California Office of Administrative Hearings for the assignment of an administrative law judge to serve as an independent hearing officer, and a hearing regarding the revocation of a CUP "shall be heard within forty-five days of referral to the Office of Administrative Hearings, but may be extended for due cause including scheduling limitations of the hearing officer." 5. Title 17.030.085 (A)(5) of the TMC provides: Revocation. The independent hearing officer may revoke a permit, or impose or modify any conditions imposed on the permit if he or she finds that any of the following findings can be made: a. That the permit was obtained by omission, misrepresentation, or fraud; b. That any of the conditions of approval for the permit have not been met, or the use is operating in a manner that is inconsistent with any of the conditions of approval; C. That the use for which the permit was granted is operating in violation of any statute, ordinance, law or regulation; d. That the permit is being exercised in a way that is detrimental to the public health, safety or welfare or constitutes a nuisance. 6. Title 17.030.085 (A)(7) of the Temecula Municipal Code provides: Public Hearing Before the Planning Commission. The planning commission shall hold a public hearing to review the independent hearing officer's decision on the permit revocation. Notice of the public hearing shall be given pursuant to subsection (A)(2) of this section. The notice of public hearing shall briefly summarize the grounds for the independent hearing officer's decision to revoke the permit, modify any conditions of approval, or allow the permit to remain in place unchanged. The planning commission shall review the transcript of the proceeding before the independent hearing officer and the findings of fact and law issued by the independent hearing officer. The planning EUS commission shall only consider the evidence presented at the hearing before the independent hearing officer as well as any new evidence presented by the public at the public hearing before the planning commission. The city clerk is authorized to retain an attorney to advise the planning commission. The planning commission's decision to confirm, modify or overturn the independent hearing officer's decision shall be set forth in a resolution. The city clerk shall mail a copy of the resolution to the permit holder along with a proof of service. If the planning commission decision is not timely appealed, the revocation of the permit or any modifications to the conditions of approval shall be effective upon adoption of the planning commission resolution. Evaluation 7. The City has established by clear and convincing evidence that the approved conditions of the 2012 minor modification to the CUP are applicable in this matter, as opposed to the 2008 minor modification to the CUP. The City has also established by clear and convincing evidence that CNC Puma, d.b.a. The Bank, has violated condition 12 of the 2012 CUP by continuously operating outside of the approved hours of operation; has violated condition 12 of the 2012 CUP by selling alcohol to customers at hours beyond that permitted by the 2012 CUP; has violated condition 9 of the CUP by having live entertainment of a D.J. at The Bank, which is beyond the live entertainment permitted in the 2012 CUP; and violated condition 28 c. for becoming a disorderly house. 50 APPROVED CONDITIONS OF THE 2012 MINOR MODIFICATION TO THE CUP 8. CNC Puma, d.b.a. The Bank's, argument that the 2008 Minor Modification to the CUP is the applicable CUP setting approved final conditions is unpersuasive. The City established by clear and convincing evidence, through the testimony of Luke Watson and others that the final conditions of approval in the 2012 minor modification to the CUP are those conditions that are applicable for The Bank's hours of operation and otherwise. Mr. Puma and Ms. Lane's testimony that the City simply "made a mistake" by copying the approved operating hours from the 2007 CUP was not persuasive, particularly in light of the credible testimony of Stuart Fisk, who explained that the change in those operational hours in the 2012 minor modification to the CUP was purposeful and intentional by the City. Notably, when he received the approval for the 2012 minor modification to the CUP, Mr. Puma did not read them or ever appeal those approved operating hours, which would have been the proper avenue to assert such a mistake on the part of the City. Furthermore, despite over a year of citations and civil penalties for operating outside of those approved hours, Ms. Lane (or any person from The Bank) never appealed or challenged the asserted approved operating hours to the City. Instead, Ms. Lane simply paid the fines. If she believed that the approved operational hours were incorrect, then her recourse would have been to appeal the citations. Additionally, never during this process did either Mr. Puma, or any owner of CNC Puma, d.b.a. The Bank, ever apply for another minor modification to the CUP to correct the hours of operation to those they believed were correct. The inaction of any owner of The Bank to address the issue of the approved operating hours undercuts their argument that the approved operating hours of the 2012 minor modification to the CUP are applicable in this matter. 51 THE BANKS VIOLATIONS OF THE 2012 MINOR MODIFICATION TO THE CUP 9. The City established by clear and convincing evidence that CNC Puma, d.b.a. The Bank, frequently and continuously violated the approved conditions of the 2012 minor modification to the CUP. Specifically, both Ms. Lane and Mr. Puma admitted that they operated The Bank until 2:00 a.m., with service of alcohol well after 10:00 p.m., which is well beyond the allowable 11:00 p.m. operation time and 10:00 p.m. approved time to serve alcohol, because they both mistakenly believed they were entitled to do so under the approved conditions. Their mistaken beliefs do not absolve them from their violations. Additionally, both Mr. Puma and Ms. Lane asserted that a live D.J. with recorded music and speakers, as well as a drag show do not violate condition 9 of the 2012 CUP. Their assertion was unpersuasive. A live D.J. is a form of live entertainment, and so is a drag show, and both of those forms of entertainment go well beyond one vocalist and one instrument to be used during lunch and dinner. Indeed, the D.J. performed up until 1:00 a.m., which is obviously after dinner. 10. Finally, with regard to condition 28 c. of the 2012 minor modification to the CUP related to a disorderly house, Sergeant Hephner's testimony regarding activities at and around The Bank was credible and persuasive and established that The Bank had become a disorderly house, which is defined as "disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti etc." or that "has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc." The City established by clear and convincing evidence that The Bank created loud noise beyond that allowed by the City's TMC with outdoor speakers and a D.J.; The Bank had many ongoing crimes including a murder that occurred at The Bank's patio, and many fights and incidents of public intoxication. Ms. Lane's assertion S2 that those things were happening around The Bank, but were not caused by The Bank, was simply unpersuasive. THE DOCTRINE OF LACHES DOES NOT APPLY 11. CNC Puma, d.b.a. The Bank, asserted that the City failed to take any action against The Bank's failure to abide by the operating hours set forth in the 2012 CUP for over nine years, which appears to be an argument that the doctrine of laches applies to prevent the City from either revoking the CUP or enforcing the operating hours of the 2012 CUP. "The defense of laches requires unreasonable delay plus either acquiescence in the act about which plaintiff complains or prejudice to the defendant resulting from the delay." (Feduniak v. California Coastal Com. (2007) 148 Cal.App.4tn 1346, 1381.) In this case there is no evidence that the City knew that The Bank was operating outside of the approved operating hours in the 2012 CUP until 2021 when it began issuing citations. Specifically, testimony from Mr. Cole established that the City was not aware of those violations until 2021. Accordingly, the doctrine of laches does not apply in this matter. NOTIFICATION TO ZIP THIRD 12. Zip Third's argument that the City should be prevented from revoking the CUP because Zip Third was provided with insufficient notice regarding the citations and civil penalties in this matter is unpersuasive. Specifically, the issue in this matter is whether Zip Third was provided sufficient notice regarding the City's intention to revoke the CUP, and not whether Zip Third was provided sufficient notice of the underlying citations and civil penalties. However, the City established by clear and convincing evidence that Zip Third had received some notice regarding those citations and civil penalties at least as early as August 2021, because Mr. Cole sent both a letter 53 in August 2021 to Mr. Solomon at his Wilshire Blvd. address, as well as sent copies of 72 different civil penalty letters to Mr. Solomon at his Wilshire Blvd. address as early as August 2021. Mr. Solomon claimed that he did not receive these documents. However, he also admitted that he simply did not go to his office where those letters were sent during that time because of COVID. Accordingly, the City provided sufficient notice to Mr. Solomon regarding the violations of the CUP by The Bank. 13. Zip Third also argues that the City has been unfair to Zip Third because the City refuses to "work with them" to address The Bank's violations. However, the TMC does not require the City to work with the property owner, but the TMC does provide a mechanism by which the City may revoke the CUP if repeated violations have been established pursuant to TMC Section 17.03.085. The City has met its obligations under the TMC for revocation of the CUP in this case, and the City has no obligation to "work with" the property owner otherwise. While Mr. Solomon credibly testified that the City's revocation of the CUP will not stop the continued violations by The Bank, and that eviction of The Bank will do so. The only issue for determination in this hearing is whether the City has met its clear and convincing burden to establish that conditions of approval of the CUP have been violated and revocation of the CUP is appropriate under these circumstances and it has done so. 14. Zip Third's argument that the CUP should be revoked with regard to CNC Puma, d.b.a. The Bank, and not with regard to Zip Third is also unpersuasive. Nothing in the TMC provides any authority by which such a revocation with regard to a tenant but not with regard to an owner is possible. Instead, the TMC simply sets forth the procedure by which the CUP may be revoked in total. 54 ORDER The 2012 Minor Modification to the CUP, as well as the original 2007 CUP and the 2008 Minor Modification to the CUP, issued to CNC Puma, d.b.a. The Bank, and to Zip Third Investments, L.L.C. are revoked. DATE: October 19, 2022 ,Debra D. Nye-Tei-kihd DEBRA D. NYE-PERKINS Administrative Law Judge Office of Administrative Hearings 55 DECLARATION OF SERVICE CITY OF TEMECULA RIVERSIDE COUNTY STATE OF CALIFORNIA Case Name: The Bank OAH No.: 2022051021 I, Erika Ramirez, declare as follows: I am a citizen of the United States, a resident of Riverside County, and I am over 18 years of age. I am employed by the City of Temecula. My business address is 41000 Main Street, Temecula, California 92590. On October 31, 2022, 1 served a true copy of the following document in the action entitled above: ADMINISTRATIVE LAW JUDGE, OFFICE OF ADMINISTRATIVE HEARINGS (OAH) PROPOSED DECISION IN THE MATTER OF THE REVOCATION OF CONDITIONAL USE PERMIT OF: THE BANK, RESPONDENT AND ZIP THIRD INVESTMENTS, LLC, RESPONDENT to each of the person(s) named below at the addresses listed after each name by the following method(s) Brad Landon Agent for Service of Process CNC Puma Corporation 27555 Ynez Road, Suite 110 Temecula, CA 92591 VIA US Mail Jennifer Petrusis Richards Watson Gershon, LLP 350 South Grand Ave., 37th Floor Los Angeles, CA 90071 email: ipetrusis(5),rolaw.com email: mgreerCcD-rwglaw.com VIA Email (E-service) Craig Puma 28645 Old Town Front Street Temecula, CA 92590 email: cpumayiC7gmail.com VIA Email (E-service) Norman S. Solomon Agent for Service of Process Zip Third Investments, LLC 3055 Wilshire Boulevard, No. 1010 Los Angeles, California 90010 email: norm (a), metro-resou rces. co m VIA US Mail and Email (E-service) Alcoholic Beverage Control 3737 Main Street, Suite 900 Riverside, CA 92501 email: Riverside cY abc.ca.gov VIA Email (E-service) Amanda Moore The Bank 28645 Old Town Front Street Temecula, CA 92590 email: my5kidsmama(@,gmail.com VIA US Mail and Email (E-service) Elizabeth L. Marlyn Cole Huber LLP 2855 E. Guasti Road, Suite 402 Ontario, CA 91761 email: martynlaw2000aaol.com email: tsherman colehuber.com VIA US Mail and Email (E-service) J. Luke Hendrix Law Offices of J. Luke Hendrix 28465 Old Town Front St., Suite 212 Temecula, CA 92590 email: luke jlhlawoffices.com VIA US Mail and Email (E-service) Thomas J. Callaway Law Offices of Thomas J. Callaway 43537 Ridge Park Drive Temecula, CA 92590 email: tomcallawayOverizon.net VIA US Mail and Email (E-service) I declare under penalty of perjury under the laws of tate f ni tha the foregoing is true and correct. Date 1013 ► 1„2 00.a E e rk PLANNING COMMISSION — PUBLIC HEARING — CONDITIONAL USE PERMIT REVOCATION FOR THE BANK INDEX # DOCUMENT BATE STAMP PAGE 1 OAH - Proposed Decision 0002 - 0056 2 City of Temecula - Notice of Public Hearing 0058 3 City of Temecula - Closing Argument 0060 - 0066 4 City of Temecula - Exhibits 1 through 14 (admitted) 0068 - 0338 5 City of Temecula - Rebuttal Closing Argument 0340 -0348 6 CNC Puma Corporation, Amanda Moore, The Bank — 0350 - 0357 Closing Statement 7 CNC Puma Corporation's - The Bank — Notice of Filing of 0359 - 0600 Exhibits — Exhibits A — Q 8 CNC Puma Corporation's Timeline of Events 0602 - 0605 9 Respondent - Exhibit LL — Correspondence Regarding 0608 - 0623 Hearing Dates (admitted) 10 Respondent - Exhibit PP — Bankruptcy Court Filings 0626 - 0668 (admitted) 11 Respondent - Exhibit HHH — CNC Bankruptcy Dismissal 0671 - 0673 Order (admitted) 12 Zip Third Investment, LLC — Closing Argument 0676 - 0703 13 Zip Third Investment, LLC — Request to Continue Hearing 0706 - 0713 Date to October 6 and October 7 14 Declaration of Elizabeth Martyn in Support of Request for 0716 - 0962 Continuance and Exhibits Hereto 15 City of Temecula's Opposition to Zip Third Investments, 0965 - 1103 LLC's Request to Continue Hearing Date to October 6 and October 7 16 OAH Judge's Order Denying Property Owner's Motion for 1106 - 1110 Continuance and Motion for a Prehearing Conference - Zip Third Investments, LLC's 17 08-31-2022 Transcript of Hearing — Volume 1 1112 - 1355 18 09-01-2022 Transcript of Hearing — Volume II 1357 - 1637 19 OAH Witness/Exhibit List Only 1639 - 1641 20 Proposed Resolution Affirming the Decision of 1643 - 1645 Administrative Law Judge Revoking the Conditional Use Permit Offered by Attorney Jennifer Petrusis of Richards Watson Gershon #1 0001 BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS STATE OF CALIFORNIA In the Matter of the Revocation of Conditional Use Permit of: THE BANK, Respondent and ZIPTHIRD INVESTMENTS, L.L.C., Respondent OAH No. 2022051021 PROPOSED DECISION Debra D. Nye -Perkins, Administrative Law Judge, Office of Administrative Hearings (OAH), State of California, heard this matter by videoconference and by telephone on August 31, 2022, and on September 1, 2022. Jennifer Petrusis, Attorney at Law, represented complainant, the City of Temecula (the City). Thomas J. Callaway, Attorney at Law, represented respondent CNC Puma Corporation (CNC Puma), owner of The Bank (The Bank), a restaurant operating at 28645 Old Town Front Street, Temecula, California (the subject property) and tenant of the subject property. 0002 Elizabeth L. Martyn and Richard Edwards, Attorneys at Law, represented respondent Zip Third Investments, L.L.C. (Zip Third), owner of the subject property.' Oral and documentary evidence was received. The record remained open to allow the parties to submit written closing arguments, and the matter was closed and submitted for decision on September 19, 2022. FACTUAL FINDINGS Jurisdictional Matters and Background 1. In November 2007 CNC Puma submitted an application to the City for a Minor Conditional Use Permit (CUP) on behalf of The Bank for the purpose of "to upgrade to a type 47 liquor license." The CUP application was signed by Craig Puma on behalf of CNC Puma, d.b.a. The Bank, as well as the property owner at that time named Maureen Licata. 2. On January 3, 2008, the Director of Planning for the City approved the CUP application to upgrade from a Type 41 Alcohol Beverage Control (ABC) license ' At hearing the City asserted that Zip Third Investments, L.L.C., as the owner of the property at issue in this hearing, and CNC Puma Corp., the owner of The Bank, a restaurant leasing the subject property on which it operates, both have an interest in the Conditional Use Permit (CUP) at issue in this hearing. Because the CUP transfers with the property and because the CUP controls the operation of The Bank, both Zip Third Investments, L.L.C. and CNC Puma Corp. are permit holders and respondents in this matter. Fill �1111 (on -sale beer and wine — eating place) to a Type 47 ABC license (on -sale, general) authorizing the sale of beer, wine, and distilled spirits at The Bank subject to conditions of approval. Those conditions of approval included the following: (1) the applicant and owner of the real property agreed to indemnify the City for any actions arising from the CUP; (2) licensees may not permit the premises to become a disorderly house, which is defined as a premises that "disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc. and/or has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc., and the licensed premises includes the parking lot."; and (3) regular hours of operations shall be as follows: Monday through Thursday 11:00 a.m. to 10:00 p.m., Friday 11:00 a.m. to 11:00 p.m., Saturday 8:00 a.m. to 11:00 p.m., Sunday 8:00 a.m. to 10:00 p.m. On holidays the facility shall be allowed to close at midnight. The sale of alcoholic beverages shall cease at 10:00 p.m. Monday through Thursday and Sunday. The sale of alcoholic beverages shall cease at 11:00 p.m. on Fridays and Saturdays. The consumption of alcohol shall cease no later than one hour after closing. 3. On October 9, 2008, Craig Puma on behalf of CNC Puma, d.b.a. The Bank, as well as Maureen Licata as property owner, signed and submitted a minor modification to the CUP application to the City requesting a modification to the CUP "to extend hours to California law, according to ABC service until 2:00 a.m." meaning to request modification of the conditions to allow The Bank to serve alcohol on all days until 2:00 a.m. 4. On October 15, 2008, the City's planning department approved the minor modification to the CUP allowing service of alcohol on all days until 2:00 a.m. with C1IC., IZI conditions, including that last call for service of alcohol shall occur at 1:30 a.m., and all other previous conditions of approval shall apply. 5. On February 27, 2012, Craig Puma on behalf of CNC Puma, d.b.a. The Bank, as well as Maureen Licata as property owner, signed and submitted a minor modification to the CUP application to the City requesting "the addition of a one person musical addition inside for background music (daily noon to 10 p.m.)." 6. On February 28, 2012, the City notified Craig Puma on behalf of CNC Puma, d.b.a. The Bank by letter signed by Stuart Fisk, Senior Planner, that the 2012 minor modification to the CUP application was approved and attached the Final Conditions of Approval to the letter. The Final Conditions of Approval included the following requirements: (1) indoor dinner entertainment consisting of one keyboard or other instrument played with one vocalist for the purpose of providing background music as permitted daily from noon until 10:00 p.m.; (2) regular hours of operations shall be as follows: Monday through Thursday 11:00 a.m. to 10:00 p.m., Friday 11:00 a.m. to 11:00 p.m., Saturday 8:00 a.m. to 11:00 p.m., Sunday 8:00 a.m. to 10:00 p.m. On holidays the facility shall be allowed to close at midnight. The sale of alcoholic beverages shall cease at 10:00 p.m. Monday through Thursday and Sunday. The sale of alcoholic beverages shall cease at 11:00 p.m. on Fridays and Saturdays. The consumption of alcohol shall cease no later than one hour after closing. 7. As detailed more below, beginning in March 2021, the City issued numerous citations to CNC Puma, d.b.a. The Bank for various violations of the Temecula Municipal Code (TMC), including for violating approved operational hours beyond 11:00 p.m., having excessive noise levels including with outside speakers over allowed noise levels, and failing to have a CUP for amplified music and live entertainment. The last citation was issued in July 2021. 1 11 8. Beginning in July 2021, the City issued numerous Civil Penalty Notice and Orders to CNC Puma, d.b.a. The Bank for violations of the TMC related to the CUP in place for violations as detailed below. The last Civil Penalty Notice and Order was issued by the City on August 20, 2022. 9. On August 20, 2021, Tom Cole, Field Supervisor — Code Enforcement for the City, sent a letter to Zip Third, "attn: Norman S. Sullivan" at the address for service of process listed with the California Secretary of State for Zip Third on Wilshire Blvd. in Los Angeles, California. The letter provided, in part, as follows: The purpose of this correspondence is to inform you that activities that are violating the Temecula Municipal Code are occurring at your property from the tenant operating as The Bank. Ongoing and current violations include the business being opened beyond the permissible operating time of 11:00 p.m. The City of Temecula Code Enforcement has been issuing, and will continue to issue, civil penalties for these violations. 10. By letter dated May 19, 2022, Luke Watson, Deputy City Manager for the City, notified CNC Puma, The Bank, and Amanda Moore, who is an officer of CNC Puma and manager of The Bank, that the City intended to revoke the CUP for the subject property based upon numerous violations of the CUP, citations, and civil penalties issued. The May 19, 2022, letter was carbon copied to owner of the subject property "Norman Sullivan" of Zip Third at the same address as the subject property in Temecula, but not to the address for service of process as listed by the California Secretary of State for Zip Third, which was on Wilshire Blvd. in Los Angeles. The May 19, 2022, letter was also carbon copied to "Maureen Licata" as the property owner. C1IC., 1I.1 11. On July 8, 2022, Jennifer Petrusis, counsel for the City, wrote a letter to Norman Solomon of Zip Third at that Wilshire Blvd. address in Los Angeles. The letter stated that Ms. Petrusis spoke with Mr. Solomon by telephone on July 1, 2022, regarding the City's intentions to revoke the CUP for the subject property because of the ongoing violations of the CUP as set forth in the numerous citations and civil penalties issued to The Bank. The letter also stated that Ms. Petrusis emailed a copy of the May 19, 2022, Notification letter from Deputy City Manager Watson. The July 1, 2022, telephone call was the first notification given to Zip Third that the City was moving forward to revoke the CUP. 12. On May 31, 2022, the City filed a request to set this hearing with the Office of Administrative Hearings, which included as the respondent The Bank, with notification to CNC Puma. However, the City failed to list Zip Third as a respondent, and provided no indication on the filing that Zip Third was notified of the request to set the hearing. As noted above, the first notice Zip Third received regarding this hearing for revocation of the CUP was the July 1, 2022, telephone call with Norman Solomon. Violations of the CUP, Citations, and Civil Penalties Issued 13. The City has issued 34 separate citations to The Bank over a five -month period beginning on March 5, 2021, with the last citation issued on July 24, 2021. Each of the citations were for violation of the permitted operating hours, with The Bank consistently operating past 11:00 p.m. on Friday and Saturday nights and selling alcoholic beverages to patrons after 11:00 p.m. on Friday and Saturday nights; as well as having excessive noise levels including with outside speakers over allowed noise levels, and failing to have a CUP for amplified music and live entertainment. The first citation issued on March 5, 2021, assessed a $50 penalty for the violations, the second 11ICI11N citation issued on March 6, 2021, assessed a $150 penalty for the violations, seven of the citations assessed a $250 penalty for the violations, one citation assessed a $300 penalty for the violations, one citation assessed a $400 penalty for the violations, and two citations assessed a $500 penalty for the violations. Respondent The Bank paid the City for the first 13 citations for total payments of $3,650, and paid an additional four citations (one citation dated May 7, 2021, for $250; another dated May 8, 2021, for $500; another dated July 2, 2021, for $500; and a final dated July 3, 2021, for $500) for total payments of $1,750. Accordingly, The Bank paid the City $5,400 for those 17 citations, but the remaining 18 citations were not paid by The Bank and remain delinquent. Of the 18 unpaid citations, 11 of those each assessed a penalty of $500, and the remaining seven of the unpaid citations each assessed a penalty of $250, for a total of $7,250 of unpaid assessments for the violations in those citations. None of these citations were contested by CNC Puma, d.b.a. The Bank. 14. The City has issued 109 Civil Penalty Notice and Order letters to CNC Puma, d.b.a. The Bank for the continuing violations of the CUP as set forth in each of the 34 citations discussed above. The first Civil Penalty Notice and Order was issued on July 27, 2021, and assessed a fine of $500 for the continued violations with daily accrual of civil penalties of $2,500 per day for any continued violations. The second Civil Penalty Notice and Order was issued on July 30, 2021, and assessed a fine of $750 for the continued violations with daily accrual of civil penalties of $2,500 per day for any continued violations. The third Civil Penalty Notice and Order was also issued on July 30, 2021, and assessed a fine of $500 for the continued violations with daily accrual of civil penalties of $2,500 per day for any continued violations. The eighth Civil Penalty Notice and Order was issued on August 8, 2021, and assessed a fine of $500 for the continued violations with daily accrual of civil penalties of $2,500 per day for any continued violations. All of the remaining 105 Civil Penalty Notice and Order letters issued to The Bank assessed a fine of $1,000 each. According to the May 19, 2022, letter from Deputy City Manager Watson, The Bank paid the first 42 issued Civil Penalty Notice and Order fines totaling $40,250 with the remaining 67 Civil Penalty Notice and Order fines being unpaid and delinquent for a total of $67,000. However, only four of the 109 Civil Penalty Notice and Order documents indicate on their face that they have been paid, which would mean the total of fines paid is $3,500, with a remaining 105 Civil Penalty Notice and Order fines totaling $103,750 remaining unpaid and delinquent, which is consistent with the testimony of witnesses at the hearing. None of the Civil Penalty Notice and Orders were contested by The Bank. The City's Evidence 15. The City presented six witnesses at the hearing. The following factual findings are based on their testimony and related documents received in evidence. TESTIMONY OF LUKE WATSON 16. Luke Watson is currently employed by the City as the Deputy City Manager, a position he has held for about one year. Mr. Watson is also currently employed by the City as the Planning Director, a position he has held since 2015. His duties as the Deputy City Manager include the administration of all operations of the City. His duties as the Planning Director include oversight of Code enforcement, building safety, housing, and other duties. Mr. Watson has been an employee of the City since 2006 in various roles, including as Management Assistant, Analyst, Senior Planner, Community Development Director, Planning Director, and Deputy City Manager. 17. Mr. Watson explained that a CUP is a permit that must be acquired for a specific commercial use of property in the City for which there is potential for specific 111C. Olt] impacts that need to be addressed by the City. For example, a restaurant located in a properly zoned area for restaurant use does not need a CUP to operate. However, if that restaurant wants to add a liquor license to its operation, then a CUP is needed because of the potential impacts of the liquor license on the City. A CUP has specific conditions of approval that must be met for the specific commercial use of the property, which include requirements on that specific commercial use that the City has imposed to mitigate the impact of the commercial use. Those requirements may be specific hours of operation, entertainment parameters, or other limitations. 18. Mr. Watson further explained that the CUP application process requires that the CUP applicant, usually the business owner, as well as the property owner, sign the CUP application and submit it to the City. Thereafter, the City staff and the applicant "go back and forth over a few weeks" to "work through the specific conditions that need to be addressed in the permit." During this "back and forth" period, the applicant has an opportunity to challenge the conditions of approval. Once the applicant agrees to the conditions to be placed on the CUP, then the application will be addressed at a public hearing to be approved by the City. If the applicant is still not satisfied with the conditions to be placed on the CUP, the applicant can address that at the public hearing. After the City approves the CUP and its conditions at a public hearing, the applicant can still appeal that decision within 15 days of that approval as set forth in TMC 17.03.090. 19. Mr. Watson testified that the process to modify an existing CUP is similar to the original application to obtain a CUP. However, a minor modification to a CUP application does not require a public hearing. Instead, for a minor modification to a CUP, the City staff may approve the minor modification by administrative approval. If a major modification to a CUP is needed, then a public hearing may be required. 20. Mr. Watson testified about the specific CUP at issue in this matter. The original CUP application (application number PA-07-0314) was filed by Craig Puma on behalf of The Bank in 2007 and signed by the owner of the property at that time, Maureen Licata. The original CUP application sought to upgrade from a type 41 alcohol license (which allows for the sale of beer and wine at a restaurant) to a type 47 liquor license (which allows for the sale of beer, wine, and distilled spirits). The City had a public hearing regarding this original CUP application and thereafter granted the CUP application on January 3, 2008, with conditions of approval. Those conditions included condition number 13 that provides: Regular hours of operations shall be as follows: Monday - Thursday 11 a.m. to 10 p.m., Friday 11 a.m. to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8:00 a.m. to 10:00 p.m. On holidays (including Cinco De Mayo) the facility shall be allowed to close at midnight. The sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday. The sale of alcoholic beverages shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. (As amended at Directors Hearing on 1 /3/08). Craig Puma signed the "Acceptance of Conditions of Approval" for the original CUP on January 16, 2008. 21. Mr. Watson stated that after the issuance of the original CUP, Craig Puma, on behalf of The Bank, applied for two different modifications to the CUP. The 0011 first minor modification application (application number PA-08-0236) was filed on October 9, 2008, for a request to extend the operating hours for the sale and consumption of alcohol for The Bank until 2:00 a.m. On October 15, 2008, the City approved the minor modification to the CUP with conditions by an administrative approval from the City staff. The final conditions of approval for the minor modification included the following: Regular hours of operation shall be as follows: Monday - Thursday 11 a.m. to 10 p.m., Friday 11 a.m. to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8 a.m. to 10 p.m. In the case that the restaurant manager would like to stay open past the regular hours of operation (stated above) he/she may be permitted to stay open until 2:00 a.m. When this occurs, alcoholic beverages may be served until 2:00 a.m. as consistent with the provisions of California State Law. "Last call" for alcohol service shall occur at 1:30 a.m. as consistent with California State Law. 22. The second minor modification to the CUP application (application number PA-12-0041) was filed by Mr. Puma with the City on February 2, 2012, to request to have live music inside The Bank daily from noon to 10:00 p.m. By letter dated February 28, 2012, the City, through the signature of Stuart Fisk, a Senior Planner with the City, provided an administrative approval of the second minor modification to the CUP application with final conditions of approval. The final conditions of approval included the following conditions: 0012 Indoor entertainment consisting of one keyboard or other instrument played with one vocalist for the purpose of providing background music is permitted daily from noon until 10:00 p.m. 171 ... P] Regular hours of operations shall be as follows: Monday - Thursday 11 a.m. to 10 p.m., Friday 11 a.m. to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8:00 a.m. to 10:00 p.m. On holidays (including Cinco De Mayo) the facility shall be allowed to close at midnight. The sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday. The sale of alcoholic beverages shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. (As amended at Directors Hearing on 1/3/08). Mr. Watson testified that the second minor modification of the CUP in 2012 changed the operating hours of The Bank back to those listed in the original CUP because the 2:00 a.m. operating hours were not included in the final conditions of the second minor modification of the CUP approved in 2012. Mr. Watson testified that the final conditions of the 2012 minor modification to the CUP superseded the first minor modification to the CUP in 2008. According to Mr. Watson, The Bank had 15 days to appeal the final conditions of the 2012 minor modification to the CUP from the February 28, 2012, date, but no such appeal was ever filed. Mr. Watson stressed that The Bank has never filed another minor or major modification to the CUP, and as a 0013 result the 2012 minor modification of the CUP (PA-12-0041) with its final conditions provides the current operating hours allowed for The Bank. 23. Mr. Watson described the location of The Bank restaurant in Temecula, which is in the Old Town portion of Temecula, in the "center of town." He stated that the location of The Bank is "the premier commercial intersection in the City located half a block from City Hall." Old Town is a historic district of Temecula dating back to the 1800's. The Bank is located in a "mixed use" environment that is "walkable," and generally a tourist area with some offices, some residential homes, and 24 restaurants. Old Town also includes a theater and history museum, and is a primary location for special events, and is a commercial and entertainment hub for Temecula. 24. Mr. Watson stated that he recommended that the CUP at issue in this matter be revoked because for more than one year The Bank had been violating the final conditions of the CUP with regard to operating hours, noise ordinance violations, and had a pattern of numerous assaults, batteries, drunkenness, disorderly conduct, and serious violent crime associated with The Bank. Mr. Watson first became aware that The Bank was violating the operating hours allowed in the CUP in the Summer of 2021 when the Temecula Police Department and Code Enforcement informed him of that violation. Mr. Watson stated that when the City first learned of The Bank's violation of its approved operation hours, the Code Enforcement team, Temecula Police Department, and Temecula Fire Department, all attempted to discuss the problem with the owners of The Bank to get voluntary compliance with the approved business hours. When the voluntary compliance from The Bank did not happen, the City then started issuing notices of violation, which happened for "some time" as an attempt to get The Bank to comply with required operating hours. When The Bank continued to violate the approved operating hours, the City then began issuing CIVIL I administrative citations, which also continued for "some time." When The Bank continued to violate the approved operating hours, the City began issuing Civil Penalties up to $1,000 per day in an effort to get The Bank to comply. The City continued its efforts to get The Bank to comply with approved operating hours for over one year but was not successful. To date The Bank has not complied with the approved operating hours of the CUP, and The Bank has not submitted any application to modify the CUP to change its hours of operation. Zip Third has also not applied to modify the current CUP for any purpose. 25. Mr. Watson wrote a letter dated May 19, 2022, summarizing all of the citations and civil penalties issued against The Bank, and notifying The Bank of the City's intention to revoke the CUP based upon the violations of approved operating hours and approved hours for sale of alcohol, as well as violations of condition 28 (c) of the CUP that provides that the CUP holder must not allow the licensed premises to become a "disorderly house," meaning a licensed outlet (including the parking lot) that disturbs neighbors with noise and loud music, and/or has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics etc. Regarding the disorderly house allegations, the May 19, 2022, letter provided as follows: It has been the experience of the Riverside County Sheriff's Department that there have consistently been numerous instances of disturbances, assaults, batteries, public intoxication, and other crimes on The Bank's premises and in the immediate vicinity of The Bank. In January 2022, there was a shooting on The Bank's premises in which a former employee of The Bank was killed and two other individuals were seriously injured. The shooting occurred 0045 approximately an hour after The Bank should have been closed for the evening, yet The Bank was still operating in violation of Condition 12 of PA12-0041. The former employee and victim of the shooting had been involved in a physical altercation at The Bank months before the shooting. According to the Riverside Sheriff's Department, The Bank used unlicensed security guards, some of which had criminal backgrounds, and this decision to use unlicensed security guards contributed to the criminal activity at The Bank. Mr. Watson sent this May 19, 2022, letter notifying that the City intends to revoke the CUP to CNC Puma, d.b.a. The Bank to their agent for service of process, Craig Puma, Amanda Moore, Maureen Licata, and to Zip Third at "attn: Norman S. Soloman" at the address of The Bank located in Temecula, CA. The May 19, 2022, letter was not sent to Norman Soloman at his Wilshire Blvd. address, which is the listed address for service of process for Zip Third. 26. Mr. Watson admitted that the May 19, 2022, letter was not sent to Normal Solomon at the listed address for the agent for service of process for Zip Third, which is Mr. Solomon's Wilshire Blvd. address. However, the May 19, 2022, letter was included as an attachment to the July 8, 2022, letter from Jennifer Petrusis to Norman Solomon notifying Zip Third of the City's intent to revoke the CUP. Additionally, Mr. Watson noted that on August 20, 2021, Tom Cole, a Field Supervisor from the City's Code Enforcement, sent a letter to Zip Third at the proper address for the agent for service of process at the Wilshire Blvd. address regarding The Bank's activities violating the TMC. 0016 27. Mr. Watson stated that the approved hours of operation in the CUP were chosen in order to mitigate the negative impacts of the sale of distilled spirits alcohol. He stated that the later the hours of operation, the worse the negative impacts of the sale of alcohol. Mr. Watson testified that most of the criminal activity in the vicinity of The Bank has occurred after The Bank was supposed to be closed pursuant to the approved operating hours of the CUP. With regard to the criminal activity, in late 2020 the City established a Metro Team Plus to police the Old Town district, which included 10 sheriff's deputies, Code Enforcement officers, and Fire Department inspectors. The Metro Team Plus performs "sweeps" of the Old Town area and visits all businesses. As a result of the formation of the Metro Team Plus, voluminous information regarding the activities in the Old Town area have been collected. The Metro Team Plus reports back to the City and Mr. Watson on a weekly basis to provide information regarding those activities. 28. Mr. Watson described the criminal activity in the vicinity of The Bank that is a basis for the reason to revoke the CUP in this matter. He stated that there were two incidents of shootings that were particularly concerning. Specifically, in November 2021 in the parking lot adjacent to The Bank after The Bank was closed, a man was shot in the leg and survived. In January 2022, a former employee of The Bank was shot and killed on the doorstep of The Bank, and two other people were shot and seriously injured inside of The Bank. During the 17 years that Mr. Watson has worked for the City, he is aware of only four shootings total occurring in the City during that time. In addition to the shootings described above, there have been numerous fights and brawls in and near The Bank over the past year, including one incident occurring about one month prior to this hearing where at 2:00 a.m. in a parking lot the assailants in a fight were confronted by police and scattered. As a result of the assailant's scattering, 11111 tJ one person jumped over a fence and fell 50 feet breaking both of his legs. The Fire Department had to rescue that individual at the creek, which used considerable City assets. Furthermore, there have been numerous incidents of public intoxication, public urination, vomiting, and other "disorderly conduct that has been the hallmark of the operations of The Bank over the last year plus." Mr. Watson stated that The Bank has been overserving alcohol to its patrons causing the public intoxication and other disorderly conduct issues. Additionally, he stated that many of the security personnel at The Bank were "not professionals," "not licensed," and were "instigating or escalating things." He stated that the Metro Team Plus police have witnessed numerous patrons being overserved alcohol at The Bank and coming out drunk and in some cases vomiting. All of these issues have created a violation of the CUP by being a "disorderly house." 29. Mr. Watson also testified that The Bank has been violating the CUP with regard to noise violations. He stated that the CUP provides permission for The Bank to have "indoor dinner entertainment consisting of one keyboard or other instrument played with one vocalist for the purpose of background music" daily from noon until 10:00 p.m. However, The Bank has been having a D.J. with speakers pointed into the street intersection producing very loud and excessive noise that is beyond that permitted by both the CUP and by the City noise ordinances. This noise problem has created significant impacts to surrounding businesses, which have complained to the City. Multiple citations and civil penalties were issued to The Bank for these noise violations, but they continue to occur. 30. Mr. Watson stated that nobody from The Bank ever reached out to the City regarding the noise violations or crime. However, with regard to the operating hours, Craig Puma and Amanda Lane both contacted Mr. Watson about one year ago by email asserting that the operating hours in the CUP were incorrect, and they requested that the operating hours be changed to allow The Bank to operate until 2:00 a.m. Mr. Watson had one conversation with each of them to explain the operating hours allowed by the applicable CUP, and that they must file a modification application to the CUP to change the approved operating hours to allow The Bank to remain open until 2:00 a.m. Notably, no person or entity on behalf of CNC Puma, d.b.a. The Bank or Zip Third ever filed a modification application to make that change. 31. Mr. Watson stressed that since the Metro Team Plus has been established, these violations from The Bank have been brought to the attention of the City and numerous citations and civil penalties have been issued to The Bank. However, other businesses in Old Town have also had violations resulting in citations and civil penalties. Mr. Watson stated that those businesses "are being addressed." He stressed that the City is not singling out The Bank for revocation of the CUP, as opposed to enforcing against other businesses. Mr. Watson admitted on cross- examination that in the past 10 years the City has not revoked any other CUP for a business. 32. Mr. Watson also stated that if the CUP is revoked, he is not sure if The Bank will comply because "they have not listened to the City yet." He stated that if the CUP is revoked, then the property will be governed by the specific city plan for Old Town, which allows for use as a restaurant with a type 41 alcohol license to sell beer and wine. 33. Mr. Watson also admitted on cross-examination that he never reached out to Zip Third in an effort to address the violations of the CUP and City ordinances committed by The Bank. 1 " 0 TESTIMONY OF TOM COLE 34. Tom Cole is currently employed as a Field Supervisor for the Code Enforcement department of the City. He has worked full-time for Code Enforcement in the City since 1997 and has been employed by the City since 1992. Since 1997 he worked as a Code Enforcement I officer, then as a Code Enforcement II officer, then as a Senior Code Enforcement officer, and finally in his current position as a Field Supervisor. His duties as a Field Supervisor include enforcement of the City's rules, regulations and municipal code to ensure proper property maintenance and quality of life issues for City residents. His duties have remained the same since 2012. 35. Mr. Cole explained that code enforcement cases in the City typically arise from a complaint, which is then verified by investigation. Thereafter, the City issues a notice of violation, such as a warning. If compliance is not obtained, then the City moves forward with issuing an administrative citation. If compliance is still not obtained the City then moves forward with issuing civil penalties. If compliance is still not obtained, then the matter is referred to the City attorney. He stated that an administrative citation has a smaller dollar amount for the fine, than does a civil penalty. The City instituted the civil penalties in order to obtain compliance for businesses that simply pay the lesser fines for the citations as a "price of doing business." Regardless, the citations and civil penalties are simply tools used by the City to get the business to comply. 36. Mr. Cole explained that the City Code Enforcement department does not patrol the streets for code violations, but instead the City "is reactive" and "responds to complaints only." He stated that the City is "seldom proactive," and as a result it is possible that an individual or business could be violating a CUP for a while before the Code Enforcement department would know about it. 37. Mr. Cole is familiar with The Bank and has personally issued all of the citations and all of the civil penalties against The Bank at issue in this matter. Since March 2021 Mr. Cole has gone out with the Metro Team in Old Town every Friday and Saturday night and on each of those occasions has observed The Bank operating well beyond the hours of operation approved in the CUP. Mr. Cole has observed The Bank operating past 11:00 p.m. and serving alcohol to customers inside The Bank well past the approved operating hours. He has also observed customers of The Bank falling down from intoxication and vomiting. On two occasions he observed people trying to pick a fight with the Temecula Police officers after 11:00 p.m. Mr. Cole stated that the operating hours of The Bank first came to the attention of the Code Enforcement department because of a complaint from the Temecula Police Department. Mr. Cole first became aware of The Bank operating outside of its approved operating hours in the CUP in March 2021 when he began walking with police officers and observing the businesses in Old Town. Mr. Cole stated that most of the civil penalties and citations he issued to The Bank were for violations of the CUP's approved operating hours. However, he also cited other violations, such as noise violations. 38. With regard to the noise violations, Mr. Cole explained that when he observed The Bank operating past the approved operating hours in the CUP, he also observed customers of The Bank drinking, and dancing to very loud music provided at The Bank by a live D.J., along with lights. Mr. Cole explained that the TMC provides that a permitted noise level for a business in Old Town is 70 decibels. During his visits to The Bank, Mr. Cole checked the noise level with a hand-held decibel reader, which is calibrated once per year. He would go to the adjacent property to The Bank and use the decibel reader to observe the sound levels emanating from The Bank. When the D.J. was observed playing after approved hours, Mr. Cole measured the decibel levels at 95 decibels on numerous occasions. He stated that he tried to be lenient when the C11T0IT004 decibel reading was 80 decibels, but if the reading was 90 decibels or above, he would issue a citation to The Bank. Mr. Cole stated that he gave warnings to The Bank prior to issuing any citations for noise violations. Many of the citations issued by Mr. Cole to The Bank were simply paid by The Bank and were never appealed. Mr. Cole testified that the last citation he issued for noise violations from The Bank was on July 3, 2021. He stated that on that day he spoke directly with the contracted D.J., as well as issued a personal citation to that D.J. for noise violations, and he requested that the D.J. resolve the noise issue. The following week the noise issue was resolved, and Mr. Cole has not had noise issues from The Bank on the weekend since that time. However, Mr. Cole thereafter started receiving noise complaints regarding The Bank on Sundays. Accordingly, Mr. Cole started going to The Bank on Sundays to monitor the noise levels. Mr. Cole issued two citations for those Sunday noise violations. According to Mr. Cole, "it took them a few weeks to realize that I went there on Sundays, but after they realized that, the noise abated." 39. Mr. Cole has had conversations with the manager of The Bank, Amanda Lane (previously Amanda Moore), on about five occasions over an 18-month period regarding The Bank's violations of the approved hours of operation in the CUP. During those conversations Ms. Lane has never informed Mr. Cole that she will comply with the permitted operating hours, and Mr. Cole continued to issue citations and civil penalties. Mr. Cole testified that The Bank has paid over $30,000 in fines for both citations and civil penalties to date, and approximately $150,000 of fines from the issued citations and civil penalties remains unpaid. 40. Mr. Cole has had approximately ten conversations with Craig Puma because Mr. Puma is on the Old Town Review Board. Of those ten conversations, only one of the conversations was regarding The Bank's violations of the approved C110111 ' operating hours of the CUP, and it took place sometime between March and June of 2021. Mr. Cole described Mr. Puma as an "absentee owner" of The Bank because Mr. Cole never sees Mr. Puma at The Bank now but would previously see Mr. Puma there before Ms. Lane became manager. According to Mr. Cole, during that one conversation Mr. Puma disagreed with the City's interpretation of the approved operating hours in the CUP. 41. Mr. Cole has never had a conversation with anyone from Zip Third. However, Mr. Cole did send a letter to Zip Third on August 20, 2021, by regular mail to the address he obtained from the California Secretary of State for the agent for service of process for Zip Third, which was Norman Solomon at the Wilshire Blvd. address. Mr. Cole stated that he mistakenly addressed the letter to Norman Sullivan of Zip Third instead of Norman Solomon, but the letter was sent to the correct address and was clearly marked as being addressed to Zip Third. Mr. Cole never received a response to this letter, and he has never been contacted by anyone at Zip Third regarding the violations that occurred at The Bank. Beginning on August 20, 2021, Mr. Cole also sent about 97 different civil penalty letters to Zip Third addressed to Norman Solomon at the Wilshire Blvd. address from the California Secretary of State by regular mail. None of those 97 civil penalty letters were returned to the City as undeliverable. Additionally, no person from Zip Third has ever reached out to Mr. Cole regarding those civil penalty letters. TESTIMONY OF SERGEANT JOSHUA HEPHNER 42. Sergeant Joshua Hephner is currently employed by the Riverside County Sheriff's Department serving the City of Temecula. He explained that the sheriff's deputies serving the City of Temecula are commonly referred to as the Temecula Police Department. Sergeant Hephner has been a peace officer since 2010 and has worked in the City since December 31, 2020. Sergeant Hephner worked from 2017 to 2020 for the Moreno Valley station in the gang enforcement unit and has been designated by California courts as a gang expert. Sergeant Hephner is currently assigned to the City's Metro Team policing the Old Town area, and he joined the Metro Team in October 2021. However, he has policed the Old Town area since he started working at the City. 43. Sergeant Hephner testified that "problems," such as fights, disturbances, driving under the influence (DUI), and overserving alcohol, began occurring "around the COVID pandemic." Specifically, he stated that a lot of other cities shut down their bars, restaurants and other night life because of COVID. The City opened up it bars, restaurants, and other night life sooner than most other cities resulting in an influx of people coming from outside the Temecula area into Old Town, which caused issues. Sergeant Hephner stated that during that time Old Town received a large number of "a mix of people" from different areas and backgrounds, which resulted in arrests for fights, disturbances, public intoxication, DUI, and other crimes. In March 2021 the City formed the Metro Team, consisting of seven sheriff deputies and one sheriff corporal, as well as one motorcycle officer and one community service officer, to provide a safer environment for Old Town. He stated that the Metro Team would go out in Old Town on Wednesdays through Saturdays from 3:00 p.m. to 3:00 a.m. He testified that after 9:00 p.m. or 10:00 p.m. the Old Town area "morphs into a nightclub atmosphere." 44. Sergeant Hephner is familiar with The Bank because shortly after the Metro Team formed in March 2021, a former sergeant noticed problems related to overserving of alcohol at The Bank and resulting disturbances caused by fights, public intoxication etc. He stated that there were also complaints from citizens that the C1T011't I security at The Bank was "heavy handed." Sergeant Hephner has personally observed the overserving of alcohol to customers at The Bank, as well as intoxicated customers becoming belligerent and starting fights, even leading up to a homicide. Sergeant Hephner stated that there was one homicide that occurred on Sunday, January 9, 2022, at 10:40 p.m. at The Bank involving an ex -employee of The Bank, who had worked at The Bank as a security guard. The homicide was a shooting of that employee that occurred on the patio of The Bank, and at least three other individuals were also shot and injured. Sergeant Hephner was familiar with the individual killed on January 9, 2022, because he had interactions with that individual when he worked as a security guard at The Bank. Specifically, there was one incident when the individual killed on January 9, 2022, had violently assaulted a person on the dance floor of The Bank by hitting the person and making them unconscious requiring hospitalization. Sergeant Hephner stated that the individual killed on January 9, 2022, had a criminal history and was on probation for a felony conviction at the time he worked at The Bank. Sergeant Hephner testified that on January 13, 2022, there was a candlelight vigil outside of The Bank for the homicide victim, and Sergeant Hephner spoke to an individual at the vigil. That person gave Sergeant Hephner false information regarding his identity. Sergeant Hephner "figured out" who that person was and discovered that the person had a loaded gun inside a fanny pack on his person and had a prior felony conviction. The person was arrested for being a convicted felon in possession of a firearm. Sergeant Hephner stated that this type of proactive enforcement arrest potentially prevented another homicide. Another shooting occurred in November 2021 when some patrons at The Bank were celebrating a birthday and got into a verbal altercation. The patrons walked outside of The Bank about 50 to 100 feet onto the sidewalk, and the shooting occurred with the victim being taken to the hospital. 45. Sergeant Hephner has also witnessed a laundry list of incidents related to The Bank. He stated that when deputies stop individuals who ultimately get arrested for DUI, on many occasions they tell the deputies that they are coming from The Bank. While those individuals arrested for DUI also come from other locations, many times they state that they were at The Bank prior to driving. Sergeant Hephner has observed several assaults per night happening in front of deputies and in front of The Bank. Sergeant Hephner has also observed on many occasions the security guards at The Bank push individuals, who are fighting, away from The Bank and into the street in order to get them away from The Bank. He also frequently sees public intoxication either in front of The Bank or down the street from The Bank. When he arrests someone for public intoxication, he asks where they are coming from and frequently, they say The Bank. Most of the incidents he describes occur after 11:00 p.m. with the vast majority of those incidents occurring closer to midnight to 2:00 a.m. Sergeant Hephner has personally observed The Bank remain open after 11:00 p.m. every weekend. 46. Sergeant Hephner stated that he has had concerns regarding the security guards employed by The Bank because some of those security guards have criminal records, don't go through the proper procedures to obtain a license as a security guard, and were "antagonizing." Sergeant Hephner described an incident when deputies were investigating the November 2021 shooting on the sidewalk in front of The Bank. Specifically, one of the witnesses to the shooting was a security guard employed by The Bank and whom Amanda Lane only knew by the moniker "Venom" or "Virus." Ms. Lane either could not or would not give the deputies the real name of the security guard. When deputies asked him for his real name, the security guard refused to give it to them, and the security guard was uncooperative with them. Sergeant Hephner testified that when he hears of monikers like "Venom" or "Virus" the first thing that comes to mind are gang members who utilize such monikers, and he believes that the security guard was a gang member. He also testified that it is critical that the sheriff deputies get full cooperation from the businesses in Old Town when investigating crimes. Sergeant Hephner also stated that having security guards with criminal records tends to attract other people with criminal records to The Bank causing more problems. TESTIMONY OF STUART FISK 47. Stuart Fisk is employed by the City as a Planning Manager, and in 2012 he worked for the City as a Senior Planner. Mr. Fisk was involved in the issuance of the 2012 minor modification application for the CUP at issue in this matter. Mr. Fisk was responsible for processing the approval documents for the 2012 minor modification application that ultimately resulted in the CUP applicable for The Bank today, and at issue in this hearing. Mr. Fisk testified that with regard to the CUP that sets forth the approved final conditions for the operation of The Bank, there was an initial CUP application in 2007, there was a minor modification application to that CUP in 2008, and there was a 2012 minor modification application to the CUP that was approved and set forth the approved conditions for operation that continue to be in effect today. Mr. Fisk stressed that there were no other modifications to the CUP at issue in this hearing. Mr. Fisk testified that in 2009 The Bank wanted to expand their ability to sell alcohol on their patio, which required a delineation of those areas by some type of railing. He stated that the City accomplished this request by modifying the development plan to show on the site plan for the property where the fencing would 11101 *A go along Front Street. However, he stressed that this 2009 modification to the development plan was not a modification of the CUP and had nothing to do with the CUP. 48. Mr. Fisk stated that in 2012 Patrick Richardson was the Director of Planning for the City and was also Mr. Fisk's supervisor. Mr. Fisk noted that Mr. Richardson was responsible for approving or denying a minor modification to the CUP application by an administrative approval or denial. When Mr. Puma filed the 2012 minor modification to the CUP application, Mr. Fisk met with Mr. Richardson in Mr. Richardson's office to review the original CUP, the approved 2008 minor modification to the CUP, and the 2012 minor modification application. According to Mr. Fisk, Mr. Richardson was not comfortable with the change of the hours of operations as set forth in the approved 2008 minor modification to the CUP. Mr. Fisk stated that the 2008 minor modification application to the CUP was approved by a different Director of Planning for the City, a person who had the job prior to Mr. Richardson. Mr. Richardson expressly stated to Mr. Fisk that he would approve the 2012 minor modification application only if the hours of operations for The Bank was set back to that provided in the original 2007 CUP. Mr. Richardson instructed Mr. Fisk to change the approved hours of operation for The Bank to what was set forth in the original 2007 CUP, and Mr. Fisk did so himself. Mr. Fisk stressed that the approved conditions for the 2012 minor modification of the CUP were not accidental or any sort of clerical error but were instead purposely selected. Mr. Fisk testified that Mr. Richardson told him that Mr. Richardson had been in touch with Mr. Puma regarding the 2012 minor modification application, but Mr. Richardson did not tell Mr. Fisk the nature or substance of those communications. 11114 49. When the final 2012 minor modification application to the CUP was approved by the City, Mr. Fisk provided Mr. Puma with the approval letter, as well as the attached final conditions of approval, which included the hours of operation being reverted back to what they were in the original 2007 CUP. Neither Mr. Puma nor anyone from The Bank ever contested the conditions of approval for that 2012 minor modification to the CUP application. TESTIMONY OF JOHN CARRINGTON 50. John Carrington is currently employed as a private investigator and was retained by the City to perform an undercover investigation of The Bank. Mr. Carrington has been to The Bank on one occasion on July 10, 2022, which was a Sunday, to perform the undercover investigation. He arrived at The Bank at 7:15 p.m. and went inside The Bank at about 8:00 p.m. Mr. Carrington stayed at The Bank until about 11:00 p.m. that day and when he left The Bank was still operating. Mr. Carrington noted that he saw The Bank sell six shots of tequila to a patron that night at 10:39 p.m. During the time Mr. Carrington was at The Bank he purchased three alcoholic beverages including one shot of tequila at 10:03 p.m. Mr. Carrington testified that there was a D.J. playing music at The Bank that night. 51. At about 11:00 p.m. Mr. Carrington went outside of The Bank with the intention of taking decibel readings with his 1Phone and then returning to The Bank for further observation. However, when he went outside, he was approached by two individuals, whom he recognized as security guards from The Bank. He knew that these two individuals were security guards from The Bank because he saw them inside The Bank wearing security shirts. According to Mr. Carrington, the two individuals threatened to "beat him up" if he did not give them his mobile phone. The security guards accused him of taking photographs inside The Bank and demanded to see his C1T011-'4s7 iPhone. Mr. Carrington refused to give his phone to the two individuals. After this interaction Mr. Carrington did not enter The Bank again. However, he did take four different decibel readings of the noise outside of The Bank with his iPhone with the highest readings being 87, 83 and 80 decibels. Mr. Carrington stated that he plays in a band and frequently utilizes this particular application on his iPhone to take decibel readings. Mr. Carrington finally left the area of The Bank at about 11:25 p.m. 52. At the time Mr. Carrington left The Bank at 11:25 p.m., The Bank was still operating and selling alcohol. TESTIMONY OF JEFFREY BRIAN LETOURNEAU 53. Jeffrey LeTourneau is currently employed as a private investigator and was retained by the City to conduct an undercover investigation at The Bank. Mr. LeTourneau was tasked by the City to go to The Bank to monitor the hours of operation and the noise levels outside of The Bank during operation. Mr. LeTourneau went to The Bank on three occasions, namely on July 13, 2022, on July 20, 2022, and on July 27, 2022. On July 13, 2022, he arrived at The Bank with his partner at 7:30 p.m. for an event called "Quality Dance Party," which he described as a "toned down drag show," where the performers were lip syncing along with speakers playing music near the dance floor. The event ended at about 11:50 p.m. that night. Mr. LeTourneau walked out of The Bank on July 13, 2022, to go across the street to take a noise reading, and he and his partner ultimately left The Bank that night at 12:20 a.m. Mr. LeTourneau stated that The Bank closed operations that night at midnight. He stated that The Bank continued to serve alcohol to customers after 10:00 p.m. that night, and Mr. LeTourneau purchased two beers at The Bank after 10:00 p.m. that night. 1 0 •; 1 On July 20, 2022, Mr. LaTourneau and his partner went to The Bank at 7:15 p.m. for a drag show and they ultimately left The Bank at 12:50 a.m. The live entertainment that night at The Bank was a drag show with lip syncing performers utilizing recorded music with speakers. The drag show that night lasted from 9:15 p.m. to 10:45 p.m. On July 20, 2022, The Bank stopped its operations at 12:35 a.m. The Bank continued to serve alcohol to its customers on July 20, 2022, after 10:00 p.m. and Mr. LaTourneau purchased two beers after 10:00 p.m. that evening. On July 27, 2022, Mr. LaTourneau arrived at The Bank at 8:15 p.m. and left The Bank that night at 12:15 a.m. The entertainment at The Bank that evening were two male dance performers with recorded music. The entertainment that evening at The Bank started at 10:45 p.m. and ended at 11:30 p.m. The Bank closed its operations that night at 12:15 a.m. The Bank served alcohol to customers that night after 10:00 p.m. and Mr. LaTourneau purchased beers that evening from The Bank after 10:00 p.m. The Bank's Evidence 54. CNC Puma, d.b.a. The Bank, presented two witnesses at the hearing. The following factual findings are based on their testimony and related documents received in evidence. TESTIMONY OF CRAIG PUMA 55. Craig Puma is part owner of CNC Puma, d.b.a. The Bank. Mr. Puma stated that CNC Puma, is a corporation started in 2007 by himself for purpose of the ownership and operation of The Bank, and that CNC stands for Craig and Cristy Puma. Christy Puma is now Craig Puma's ex-wife, but at that time was his wife. Mr. Puma was originally the president of CNC Puma, but he is now a board member. Mr. Puma no longer has any involvement in the day-to-day operations of The Bank other than as a 0031 consultant when his assistance is needed. Mr. Puma was actively involved in the day- to-day operations of The Bank up to the time Mr. Puma and his now ex-wife sold a partial ownership interest in CNC Puma to Amanda Lane and Ryan Parent on February 27, 2020. 56. Mr. Puma was also a member of the Old Town local review board appointed by the Temecula mayor for nine years. Mr. Puma worked with the Director of Planning for the City for nine years during that time. 57. Mr. Puma is the person who filed the original 2007 CUP application, the 2008 minor modification application to the CUP, and the 2012 minor modification application to the CUP for The Bank. Mr. Puma filed the 2007 CUP application in order to upgrade from a type 41 alcohol license (which allows beer and wine sales) to a type 47 alcohol license (which allows for sale of beer, wine, and distilled spirits). The type 41 and 47 alcohol licenses are issued by the State agency of Alcohol Beverage Control (ABC) and not the City. 58. After the 2007 CUP was approved by the City with the final conditions including that the hours of operation as set forth above, Mr. Puma thereafter in 2008 filed a minor modification application to the CUP to request that the hours of operation of The Bank be extended to 2:00 a.m. with last call for alcohol at 1:30 a.m. The 2008 minor modification application to the CUP was approved within a week or two and was "not real complicated." Mr. Puma understood that the 2008 minor modification to the CUP allowed The Bank to operate until 2:00 a.m. 59. Mr. Puma thereafter went into the City and filed the 2012 minor modification application to the CUP to request background music for lunch and dinner crowds at The Bank. Mr. Puma testified that he submitted the 2012 minor modification 0032 application, paid the $300 fee for the application, and a couple of days later Mr. Puma received the approval for the 2012 minor modification application. Mr. Puma testified that there was no discussion with anyone at the City regarding the operating hours of The Bank at the time he filed the 2012 minor modification application. When Mr. Puma received the approval for 2012 minor modification application for the CUP, he "saw that it had the addition of music," and he kept a copy of the approval at the bar of The Bank. Mr. Puma testified that at the time he received that approval it was his understanding that he still had approval to operate The Bank until 2:00 a.m. Mr. Puma testified that he did not "catch it" that the 2012 minor modification approved hours had changed back to that of the original 2007 CUP. Mr. Puma testified at the hearing, "it was obvious to me that the City made an honest mistake [on the 2012 minor modification approval] and copied and pasted the wrong CUP — the 2007 CUP and not the 2008 CUP — and I did not catch it at the time." Mr. Puma stated that he believes that the City staff mistakenly copied and pasted the operating hours from the 2007 CUP into the 2012 minor modification to the CUP instead of using the proper 2008 minor modification to obtain those hours. Mr. Puma stated that he did not read the 2012 minor modification application of the CUP approved terms, and he did not ever request an appeal of the approved terms of that 2012 minor modification. He also never submitted another minor modification application to modify the CUP. 60. After the 2012 minor modification to the CUP was approved, Mr. Puma continued to operate The Bank up to 2:00 a.m. because he understood that he had approval to do so. Mr. Puma continued to operate The Bank until 2:00 a.m. until he sold a portion of CNC Puma in February 2020. During that time frame, Mr. Puma operated The Bank until 2:00 a.m. He stated that sometimes he would close The Bank at 1:00 a.m. because he was "getting a crowd" he did not want because most of those people were getting kicked out of other places. However, he mostly stayed open until 2:00 a.m. on the weekends during that period of time with no complaints from the City regarding those hours of operation. 61. In early 2021 Amanda Lane, part owner and the current manager of The Bank, called Mr. Puma and asked about the approved hours of operation in the CUP. Mr. Puma told her that a copy of the 2012 minor modification approval of the CUP was at the bar of The Bank. Ms. Lane told Mr. Puma that "they did a cleaning and threw it away because they did not know what it was." Ms. Lane told Mr. Puma that the City had contacted her about the approved operating hours. In an effort to obtain clarification, Mr. Puma emailed Luke Watson in February 2021 requesting clarification of the approved operating hours for The Bank. In the email, Mr. Puma wrote, in part, as follows: In 2012 we applied for a Minor Mod to allow us to have indoor music. At that time, I believe and [sic] error was made and the hours were taken from the original Conditions, requiring we close at 10pm during the week and 11 pm on Friday and Saturday except for Cinco De Mayo and other holidays. We continued to stay open until tam since. For a brief period, in 2016, I believe, Christy and I made the decision to close at lam. Last call was at 12:30am. That was our choice due to the town getting a bit crazy after lam. We have never been told to close before tam and we have always been responsible business owners.... 0034 Mr. Puma testified that Mr. Watson responded by providing the currently approved operating hours in the 2012 minor modification to the CUP. Mr. Puma then reached out to ABC to obtain a copy of the 2008 minor modification to the CUP showing that the approved hours at that time were until 2:00 a.m. Mr. Puma testified that he was trying to work with the City to "fix the issue" because the operating hours in the current CUP "were obviously wrong because we never discussed any change to the operating hours." On March 3, 2021, Mr. Puma emailed a copy of the 2008 minor modification to the CUP to Mr. Watson with the statement, "I'm not sure why you don't have these conditions in the file for The Bank, but here's a copy for you." Mr. Puma admitted that he has had no further communications with the City regarding the approved operating hours for The Bank since this email. 62. Mr. Puma admitted on cross-examination that he is aware that CNC Puma has paid the City thousands of dollars in fines for the citations discussed above. However, he also admitted that he has never appealed any of those citations, but believed that Ms. Lane was doing so because she told him she was "fighting the citations." However, he also admitted that he was not aware of exactly what Ms. Lane was doing to "fight the citations." He stated he is not aware of any person submitting an appeal document to the City for any of the citations or civil penalties. 63. With regard to the use of a D.J. as entertainment at The Bank, Mr. Puma testified that he did not believe he needed a modification to the CUP to have a D.J. because he does not believe that a D.J. is live entertainment and is instead just a recording. With regard to drag shows, Mr. Puma stated that he believes a drag show complies with the approved condition of the 2012 CUP approving indoor music with one instrument and one vocalist because it is "indoor live entertainment." He admitted 0035 that the live entertainment was approved to happen during dinner, and he simply stated that drag shows are "not his thing." 64. Mr. Puma admitted that he never talked to Norman Solomon or anyone else from Zip Third about the citations or civil penalties discussed above. Mr. Puma testified that the last conversation he had with Norman Solomon was to inform him that Mr. Puma would be moving out of the country, and that Ms. Lane and Ryan Parent would be dealing with the day-to-day operations of The Bank and would be communicating with Mr. Solomon. 65. Mr. Puma testified that he is aware that CNC Puma filed for Chapter 11 bankruptcy sometime after February 2020. He was not aware of exactly when or the specifics because "that was done by Amanda and Ryan." TESTIMONY OF AMANDA NICOLE LANE 66. Amanda Lane, formally known as Amanda Moore, is one of the owners of CNC Puma, d.b.a. The Bank, acts as the President and C.E.O. of CNC Puma, d.b.a. The Bank, and is the day-to-day manager of The Bank. She has held these positions since February 27, 2020, when she and Ryan Parent took partial ownership of CNC Puma, d.b.a. The Bank. Ms. Lane testified that there are currently four owners of CNC Puma, d.b.a. The Bank, namely herself, Craig Puma, Christy Puma, and Ryan Parent. Her duties are oversight of all operations of the restaurant, including scheduling employee hours, managing payroll for employees, all administrative duties, interacting with the community and law enforcement, even bussing tables. Ms. Lane generally has an on - site presence at The Bank during almost all operating hours. Ms. Lane and Ryan Parent took a partial ownership in CNC Puma, d.b.a. The Bank, on February 27, 2020, and two - and -a -half weeks later the COVID pandemic forced them to shut down the restaurant. The year 2020 was devastating financially to the business. At the end of 2020, The Bank again was operating as it had previously until 2:00 a.m. 67. Ms. Lane described The Bank as a bar and restaurant serving Mexican food. The Bank is closed on Mondays, but is open at 11:00 a.m. on Tuesdays through Fridays, and opens at 9:00 a.m. on Saturdays and Sundays. On Fridays and Saturdays, The Bank typically closes at 2:00 a.m., and on Sunday The Bank closes sometime between 10:00 p.m. and 12:00 a.m. depending on the amount of business. During the hours of operation, and particularly during the evening hours on Friday and Saturday nights, Ms. Lane is normally located outside The Bank at the corner where she can see inside the restaurant and can watch the people coming into The Bank to ensure those people are not drunk. During Friday and Saturday nights, there is lots of foot traffic and road traffic near The Bank, and "people are bouncing from one place to another." She stated that people tend to visit multiple establishments in one evening. Ms. Lane stated that the location of The Bank is at the busiest intersection in Old Town and "everything goes through that intersection." There is no designated parking for The Bank. Ms. Lane stated that on Friday and Saturday nights, there is lots of activity around The Bank, including people going to dinner at different restaurants, groups of people looking for a place to go, bachelorette parties, homeless people, intoxicated people, and people driving and "running stop signs." Ms. Lane supervises all employees at The Bank, including the security guards. She stated that now the security guards at The Bank are licensed. However, she admitted on cross-examination that only since July 31, 2022, have all the security guards at The Bank been wearing clothing as required by City ordinances. She also admitted that in the past year -and -a - half not all the security guards working at The Bank have been licensed as security guards. Ms. Lane testified that it was not required that the security guards be licensed. She also admitted that she did not obtain any criminal background checks on the security guards and "bouncers" who worked at The Bank, because that was not required. Ms. Lane admitted that she did not know if any of her current or former security guards have criminal convictions. 68. Ms. Lane also supervised the bartenders at The Bank and stated that all bartenders at The Bank are certified with the liquor certification from ABC. Ms. Lane also trains the bartenders and provides "pour test training" to ensure that they are pouring the correct amount of alcohol for a drink. She also instructs bartenders that they cannot overserve customers such that the customer will become drunk. If a bartender feels that a customer is impaired, they can stop serving alcohol to the customer and can also have the customer thrown out of The Bank. Ms. Lane stated that most customers at The Bank have been at other bars and restaurants in Old Town already, and it can sometimes be difficult to know how much alcohol those customers have consumed prior to coming to The Bank. 69. Ms. Lane stated during her testimony that since the end of 2020, The Bank has had a live D.J. performing at The Bank on the weekends. She stated that the D.J. typically starts performing anywhere from 2:00 p.m. to 9:00 p.m. and will perform up until 1:00 a.m. depending on the day. 70. Ms. Lane testified that when she is working outside of The Bank that she and her security guards look for individuals trying to enter The Bank who are intoxicated, stumbling or stuttering, or those who "are looking for trouble." She stated that she "screens people" entering The Bank and she, as well as the security guards, will deny access to The Bank to anyone who appears to be drunk or looking to cause trouble. Ms. Lane stated that she denies entry to people trying to enter The Bank numerous times on each of Friday, Saturday, and Sunday nights. Additionally, Ms. Lane walks through the inside of The Bank once every 30 minutes, and if someone is showing signs of impairment and looks like they will "cause problems" she has a security guard escort that person out of The Bank. Ms. Lane stated that she makes many phone calls to the Temecula Police while she is working outside The Bank at the front door because she can see in every direction in Old Town from her location. She stated that she sees fights, DUI's, people vomiting, people "passing out" and falling because of being drunk, and people urinating in the parking lot. Ms. Lane insisted during her testimony that none of these people she observes were associated with The Bank or "had anything to do with The Bank." Ms. Lane knows half of the police officers who patrol Old Town by first name, and she has numerous personal mobile phone numbers of those officers. She stated that she calls the police frequently on Friday and Saturday nights for various problems in Old Town, but she stated, "most of my calls to police have nothing to do with our restaurant." 71. With regard to the shooting in January 2022 at The Bank where a person was killed, Ms. Lane testified that there was nothing that The Bank could have done to prevent a 22-year-old person from entering the property and shooting people. The person who was killed was a "former bouncer" at The Bank and had been fired from his job about six to eight months prior to the shooting. At the time of the shooting, the person killed worked at another restaurant down the street from The Bank. After this shooting, The Bank complied and cooperated with all requests from the Temecula police. 72. With regard to the shooting that occurred in November 2021 near The Bank, Ms. Lane was the individual who called 911 because of that shooting. She stated that the shooting happened after 1:00 a.m. and she heard the gunshot. A bouncer at The Bank told Ms. Lane he heard the gunshot and saw the flash from the gun. She stated that she cooperated with the police investigation regarding that shooting, and that the police determined that the shooter never went into The Bank. Ms. Lane stated that there was a bouncer who had worked at The Bank on the night of the November 2021 shooting who had the nickname, Virus. According to Ms. Lane, Virus was an artist and Virus was "his artistic name." Virus worked at The Bank only for about three to four months. On the night of the November 2021 shooting, Sergeant Hephner informed Ms. Lane that Virus refused to cooperate with the police investigation of the shooting and would not provide his real name. As a result of learning this information, Ms. Lane fired Virus from his job at The Bank. Ms. Lane stated that she has one other employee who "goes by a moniker" and that person is known as Eagle. She explained that Eagle is a Native American and his father gave him that nickname. 73. Ms. Lane testified that many of the police calls made for incidents around The Bank were not caused by customers of The Bank, and many of the police calls in the area were from other businesses in the area. Ms. Lane obtained a log of calls for service from the Riverside Sheriff's Department for Old Town through a records request. She discussed many of the calls logged on that report. 74. At the time Ms. Lane and Ryan Parent purchased a portion of CNC Puma, d.b.a. The Bank, Ms. Lane understood that the allowed operating hours for The Bank were from 8:00 a.m. to 2:00 a.m. Prior to purchasing The Bank, Ms. Lane had been there many times and stayed up to 2:00 a.m. when The Bank was operating. In February or March 2021, Ms. Lane received the first warning citation from the City for being open past approved hours. Ms. Lane contacted Mr. Cole, the individual who writes citations, regarding the warning. She stated that Mr. Cole "did not have a lot of information." Ms. Lane then went to City Hall and requested "all the CUPS" for The Bank. She stated that the City only provided her with the original 2007 CUP and the 2012 minor modification to the CUP, but not the 2008 minor modification to the CUP. She stated that she asked for the 2008 CUP because Mr. Puma told her it existed. Eventually, Ms. Lane obtained the 2008 minor modification to the CUP from Mr. Puma. Ms. Lane sent an email on March 11, 2021, to Brad Landon, the agent for service of process for CNC Puma, d.b.a. The Bank, with the attached 2012 minor modification to the CUP with the following comment: This is where music was added and the 2am time was left out (I think is [sic] was just an error on the city's part). Ms. Lane then forwarded that email in September 25, 2021, to a fire marshal for the City in an effort to get clarification. Ms. Lane stated that after she did so she "thought things were still in limbo." Ms. Lane stated that she thought there were many errors in the 2012 minor modification of the CUP and she "wanted them corrected," but primarily the operating hours issue. Ms. Lane stated that she never applied for a minor modification to the 2012 CUP to get approved hours of operation of up to 2:00 a.m. because "I complied with the 2008 CUP, and there was no reason to do so." Ms. Lane admitted that she has been closing The Bank at 2:00 a.m., and she continues to do so. She stated that if she did not operate until 2:00 a.m., then The Bank would be insolvent in 30 days. She stated that most of the money made at The Bank happens from midnight to 2:00 a.m. 75. Ms. Lane admitted that she paid over $15,000 in fines associated with citations and civil penalties issued by the City for The Bank operating beyond approved hours. She admitted that The Bank continued to receive citations and civil penalties with fines for that reason with fines totaling well over $100,000. She stated that she was a new business and did not want to make an enemy of the City so they CfIelL_ii_ just paid the fines. Ms. Lane admitted that she, and no person from The Bank, ever appealed the citations or civil penalties. Instead, she stated that "I figured once [the City] figured it out that they would refund the money." 76. In July 2021 Ms. Lane contacted David Pinkerton, a person she believed at the time was the property owner of the land where The Bank sits, to inform him of the multiple citations received by the City. Ms. Lane stated that in 2021 she had only two contact numbers, one was for David Pinkerton and another was for Sean Pinkerton, and she believed that both of those individuals worked for Zip Third, the property owner. However, David Pinkerton in fact worked for a company named Metro Resources, which is a property management company hired by Zip Third. Ms. Lane stated that Mr. Pinkerton never told her that he would do anything about the citations or civil penalties, but that Mr. Pinkerton was aware that the City was citing and fining The Bank for operating outside of approved business hours. It was not until June or July 2022 that Ms. Lane first had a conversation with Norman Solomon of Zip Third regarding any citations or civil penalties issued by the City to The Bank. Ms. Lane stated that at that time she had a long phone call with Mr. Solomon to "go over the citations," and "what was going on with the bankruptcy case." This was the first phone call or other communication that Ms. Lane had with Mr. Solomon. Ms. Lane has never read the lease agreement between The Bank and Zip Third, other than portions that were sent to her recently from Mr. Solomon regarding her obligation to provide notices to Zip Third. Zip Third's Evidence 77. Zip Third presented two witnesses at the hearing. The following factual findings are based upon their testimony and related documents received in evidence. C1Tell K TESTIMONY OF NORMAN SOLOMON 78. Norman Solomon is the manager of Zip Third, a company that "has no employees." Mr. Solomon testified that Zip Third purchased the property where The Bank sits in 2016 from the estate of Maureen Licata. Mr. Solomon is 76 years of age and has worked in real estate development and management for over 40 years. Mr. Solomon owns over 100 properties and is involved in close to 100 limited liability companies. Mr. Solomon buys properties both as an individual, with partners, and as a limited liability company. Mr. Solomon owns multiple properties in Old Town, including several on the same block as The Bank. Mr. Solomon owns nine different properties in the City and has owned properties in the City for over 10 years. The City has never complained to Mr. Solomon about any of his properties, other than The Bank. Mr. Solomon testified that the main office for Zip Third is on Wilshire Blvd. in Los Angeles. However, Mr. Solomon has not been to that location regularly since March 2020 when the COVID pandemic began. 79. Mr. Solomon first learned of the City's intention to revoke the CUP in this matter on July 1, 2022, when he received a telephone call from Jennifer Petrusis. Mr. Solomon "was stunned" and informed her that he knew nothing about any violations of the CUP by The Bank. Ms. Petrusis told Mr. Solomon that a hearing in this matter was already being scheduled, and Mr. Solomon asked for additional time so he could investigate. After this phone call, Ms. Petrusis sent the May 19, 2022, letter from Mr. Watson regarding the City's intention to revoke the CUP to Mr. Solomon. The next communication Mr. Solomon had with Ms. Petrusis was on July 5, 2022, and again Mr. Solomon asked for additional time to obtain an attorney familiar with the City. He told Ms. Petrusis he wanted to work in a productive way to resolve the issues. 0043 80. Mr. Solomon testified that "his office" first found out about the City's citations and civil penalties for The Bank in March 2022. After Mr. Solomon got a phone call from Jennifer Petrusis on July 1, 2022, he contacted his office to ask if there had been any correspondence from the City regarding the citations and civil penalties, and he was told yes. He asked for the office to collect all communications and put in one file. Mr. Solomon stated that the earliest communication from the City in that file was postmarked March 7, 2022. Mr. Solomon stated that the office only had 16 violation letters contained in eight envelopes. Mr. Solomon denied ever seeing the August 2021 letter from Mr. Cole regarding the violations. 81. In July 2022 after speaking to Ms. Petrusis, Mr. Solomon had multiple phone calls with Ms. Lane to investigate the matter. According to Mr. Solomon, Ms. Lane told him that The Bank was not violating the CUP, but that the City had made a clerical error on the 2012 minor modification of the CUP and she was "working to resolve it." Mr. Solomon stated that prior to learning about the violations of the CUP, he never had any issues with Ms. Lane and she paid her rent on time and was generally helpful. Mr. Solomon had also never received any complaints from any other businesses in Old Town regarding The Bank, so he had no reason to believe any of the issues listed in the citations and civil penalties were happening. Mr. Solomon asked Ms. Lane multiple times to comply with the hours of operation as approved in the 2012 CUP, but Ms. Lane told him that The Bank would "go under" if she did that. 82. After his conversation with Ms. Petrusis, Mr. Solomon also contacted David Pinkerton, the property manager, to discuss the issues. Mr. Solomon learned that Mr. Pinkerton had received notice of citations and civil penalties beginning in March 2022. Mr. Pinkerton also told him that Ms. Lane informed him of the citations and civil penalties, and Mr. Pinkerton believed that Ms. Lane was "taking care of it." C11Tell qF1 I 83. Mr. Solomon stated that he did not learn that CNC Puma, d.b.a. The Bank, was in bankruptcy proceedings until July 2022 when he learned about the City's intention to revoke the CUP. Mr. Solomon stated that he had to retain a bankruptcy attorney to get relief from the automatic stay in order to begin the process of an unlawful detainer against The Bank in order to resolve the City's issues. According to Mr. Solomon, The Bank had previously filed another bankruptcy in 2019 or 2020 because The Bank was behind in their rent payments. At that time Mr. Solomon had hired a bankruptcy attorney to get relief to file an unlawful detainer action against The Bank. However, that bankruptcy was ultimately dismissed, and Ms. Lane and Ryan Parent paid all back rent in August 2020. The Bank has been up to date with its rent payments ever since and is currently up to date. Mr. Solomon stated that now that the bankruptcy case filed by The Bank has been dismissed as of late August 2022, he is now in the process of obtaining an attorney to file an unlawful detainer against The Bank. 84. Mr. Solomon testified that he has a custom and practice of maintaining a good relationship with the City and its officials. Mr. Solomon stated that he was one of the founding members of the Old Town Business Association and helped to write its by-laws. If Mr. Solomon had proper notice of the citations and civil penalties issued against The Bank at the time they were issued, he would have immediately contacted Mr. Cole and tried to arrange a meeting with the City Manager to discuss the issues. After he received a phone call from Ms. Petrusis, Mr. Solomon immediately requested a meeting with the City Manager of the City, but the City Manager declined to meet with him. Mr. Solomon believes that if the CUP is revoked, The Bank will continue violating the CUP until Mr. Solomon evicts The Bank from the property. He believes this based on his conversation with Ms. Lane. Mr. Solomon stated that if the CUP is revoked, the value of the property will decrease. He also believes that he has not been C1TelZ P•1 treated fairly by the City because his notice of these issues was insufficient for him to properly address them prior to the revocation hearing. Mr. Solomon stated he has never had this level of difficulty with any government entity. TESTIMONY OF LAZARO FERNANDEZ 85. Lazaro Fernandez is an attorney specializing in bankruptcy law. He has been in private practice as an attorney since July 1989 and has handled thousands of bankruptcy cases. Mr. Fernandez was hired by Zip Third in late July or early August of 2022 to file a motion to convert the bankruptcy of CNC Puma, d.b.a. The Bank, from a Chapter 11 bankruptcy to a Chapter 7 bankruptcy, and to obtain relief from the automatic stay. Mr. Fernandez has filed two applications in the bankruptcy court regarding those issues and obtained hearings for those applications. 86. Mr. Fernandez explained that while The Bank is in bankruptcy, Zip Third is prevented from filing an unlawful detainer to evict The Bank. Mr. Fernandez appeared in bankruptcy court regarding the two applications referenced above. The bankruptcy court thereafter issued an order on August 23, 2022, which was received in evidence, dismissing the Chapter 11 bankruptcy all together, thereby rendering moot the motion for relief from the automatic stay. As a result, Zip Third is no longer prevented from initiating a unlawful detainer action against The Bank. The Parties' Arguments 87. The City argues that it has met its burden to establish that CNC Puma, d.b.a. The Bank, has violated the CUP's approved operating hours, as well as the live entertainment provision of the CUP, and has become a disorderly house as prohibited in the applicable CUP. The City also argues that it has provided sufficient notice of 0046 these violations to both CNC Puma, d.b.a. The Bank, and to Zip Third. Accordingly, pursuant to TMC section 17.03.085, the City requests revocation of the CUP. 88. CNC Puma, d.b.a. The Bank, argues that operating hours as set forth in the 2012 minor modification of the CUP are erroneous and not valid because the City simply, erroneously, and carelessly, copied and pasted the operating hours from the 2007 CUP into the 2012 CUP without consideration of the 2008 minor modification to the CUP. Accordingly, CNC Puma, d.b.a. The Bank, argues that the approved operating hours in the 2012 minor modification to the CUP are not applicable and the 2008 minor modification to the CUP is applicable. CNC Puma, d.b.a. The Bank, also argues that the City's evidence regarding the "disorderly house" issue is insufficient to establish that The Bank was responsible for all the issues in Old Town regarding fighting, public intoxication, and other issues constituting a disorderly house. With regard to noise issues, CNC Puma, d.b.a. The Bank, argues that the evidence establishes that the noise issue was resolved in July 2021. However, CNC Puma, d.b.a. The Bank, failed to make any argument regarding the alleged violation of the CUP by having live entertainment beyond that approved. Additionally, CNC Puma, d.b.a. The Bank, also argues that the City failed to do anything to enforce the 2012 CUP approved operating hours violations by The Bank for over nine years, essentially arguing that the doctrine of laches prevents the revocation of the CUP. 89. Zip Third argues that the City failed to provide proper notice to Zip Third regarding The Bank's violation of the 2012 minor modification of the CUP, and because of that "even should the ALJ revoke or modify as to The Bank, it should not revoke or modify as to Zip Third" because Zip Third has done nothing to support the CUP revocation and Zip Third is not responsible for The Bank's operations. Zip Third 11IT-1 IN also argues that the City failed to provide proper notice regarding the citations and civil penalties to Zip Third because the City did not send those notices by certified mail to Zip Third pursuant to TMC Section 1.21.050 (B). LEGAL CONCLUSIONS Burden and Standard of Proof 1. The Zoning Regulations regarding Conditional Use Permits in the City of Temecula are contained in Title 17 of the Temecula Municipal Code. Title 17.030.085 of the Temecula Municipal Code governs the revocation or modification of CUPS, including the procedure for appeal and public hearing. Pursuant to TMC Section 17.03.085 (A)(4), at the hearing of an appeal "[t]he planning director, or designee, shall have the burden of proof to establish by clear and convincing evidence the facts upon which his or her recommendation to revoke the permit is based." 2. "Clear and convincing evidence" requires a high probability of the existence of the disputed fact, greater than proof by a preponderance of the evidence. Evidence of a charge is clear and convincing as long as there is a high probability that the charge is true. (People v. Mabini (2001) 92 Cal.AppAth 654, 662.) Applicable TMC Sections 3. Title 17.030.085 (A)(1)(a) of the TMC provides: If the planning director determines that any conditions of approval of a conditional use permit, variance, development plan, or other land use entitlement have been violated, or that the permittee is operating in a manner that is 0048 inconsistent with or that is not in accordance with the approved statement of operations, or that such entitlement is being used in a way that is injurious to the public health, safety, or welfare, the planning director shall send notice to the permit holder and the city clerk. The planning director may consult with the chief of police or fire chief in making this determination. The notice shall provide sufficient information to inform the permit holder of the reasons why the planning director is recommending that the permit be revoked and shall specifically identify the findings for revocation as set forth is subsection (A)(4) below, and that a public hearing shall be held before an independent hearing officer to determine whether the permit should be revoked, modified, or remain unchanged. 4. Title 17.030.085 (A)(1)(b) of the TMC provides that the city clerk shall refer the matter to the California Office of Administrative Hearings for the assignment of an administrative lawjudge to serve as an independent hearing officer, and a hearing regarding the revocation of a CUP "shall be heard within forty-five days of referral to the Office of Administrative Hearings, but may be extended for due cause including scheduling limitations of the hearing officer." S. Title 17.030.085 (A)(5) of the TMC provides: Revocation. The independent hearing officer may revoke a permit, or impose or modify any conditions imposed on the permit if he or she finds that any of the following findings can be made: 0049 a. That the permit was obtained by omission, misrepresentation, or fraud; b. That any of the conditions of approval for the permit have not been met, or the use is operating in a manner that is inconsistent with any of the conditions of approval; C. That the use for which the permit was granted is operating in violation of any statute, ordinance, law or regulation; d. That the permit is being exercised in a way that is detrimental to the public health, safety or welfare or constitutes a nuisance. 6. Title 17.030.085 (A)(7) of the Temecula Municipal Code provides: Public Hearing Before the Planning Commission. The planning commission shall hold a public hearing to review the independent hearing officer's decision on the permit revocation. Notice of the public hearing shall be given pursuant to subsection (A)(2) of this section. The notice of public hearing shall briefly summarize the grounds for the independent hearing officer's decision to revoke the permit, modify any conditions of approval, or allow the permit to remain in place unchanged. The planning commission shall review the transcript of the proceeding before the independent hearing officer and the findings of fact and law issued by the independent hearing officer. The planning DIell�71i1 commission shall only consider the evidence presented at the hearing before the independent hearing officer as well as any new evidence presented by the public at the public hearing before the planning commission. The city clerk is authorized to retain an attorney to advise the planning commission. The planning commission's decision to confirm, modify or overturn the independent hearing officer's decision shall be set forth in a resolution. The city clerk shall mail a copy of the resolution to the permit holder along with a proof of service. If the planning commission decision is not timely appealed, the revocation of the permit or any modifications to the conditions of approval shall be effective upon adoption of the planning commission resolution. Evaluation 7. The City has established by clear and convincing evidence that the approved conditions of the 2012 minor modification to the CUP are applicable in this matter, as opposed to the 2008 minor modification to the CUP. The City has also established by clear and convincing evidence that CNC Puma, d.b.a. The Bank, has violated condition 12 of the 2012 CUP by continuously operating outside of the approved hours of operation; has violated condition 12 of the 2012 CUP by selling alcohol to customers at hours beyond that permitted by the 2012 CUP; has violated condition 9 of the CUP by having live entertainment of a D.J. at The Bank, which is beyond the live entertainment permitted in the 2012 CUP; and violated condition 28 c. for becoming a disorderly house. 11144_ APPROVED CONDITIONS OF THE 2012 MINOR MODIFICATION TO THE CUP 8. CNC Puma, d.b.a. The Bank's, argument that the 2008 Minor Modification to the CUP is the applicable CUP setting approved final conditions is unpersuasive. The City established by clear and convincing evidence, through the testimony of Luke Watson and others that the final conditions of approval in the 2012 minor modification to the CUP are those conditions that are applicable for The Bank's hours of operation and otherwise. Mr. Puma and Ms. Lane's testimony that the City simply "made a mistake" by copying the approved operating hours from the 2007 CUP was not persuasive, particularly in light of the credible testimony of Stuart Fisk, who explained that the change in those operational hours in the 2012 minor modification to the CUP was purposeful and intentional by the City. Notably, when he received the approval for the 2012 minor modification to the CUP, Mr. Puma did not read them or ever appeal those approved operating hours, which would have been the proper avenue to assert such a mistake on the part of the City. Furthermore, despite over a year of citations and civil penalties for operating outside of those approved hours, Ms. Lane (or any person from The Bank) never appealed or challenged the asserted approved operating hours to the City. Instead, Ms. Lane simply paid the fines. If she believed that the approved operational hours were incorrect, then her recourse would have been to appeal the citations. Additionally, never during this process did either Mr. Puma, or any owner of CNC Puma, d.b.a. The Bank, ever apply for another minor modification to the CUP to correct the hours of operation to those they believed were correct. The inaction of any owner of The Bank to address the issue of the approved operating hours undercuts their argument that the approved operating hours of the 2012 minor modification to the CUP are applicable in this matter. 0052 THE BANKS VIOLATIONS OF THE 2012 MINOR MODIFICATION TO THE CUP 9. The City established by clear and convincing evidence that CNC Puma, d.b.a. The Bank, frequently and continuously violated the approved conditions of the 2012 minor modification to the CUP. Specifically, both Ms. Lane and Mr. Puma admitted that they operated The Bank until 2:00 a.m., with service of alcohol well after 10:00 p.m., which is well beyond the allowable 11:00 p.m. operation time and 10:00 p.m. approved time to serve alcohol, because they both mistakenly believed they were entitled to do so under the approved conditions. Their mistaken beliefs do not absolve them from their violations. Additionally, both Mr. Puma and Ms. Lane asserted that a live D.J. with recorded music and speakers, as well as a drag show do not violate condition 9 of the 2012 CUP. Their assertion was unpersuasive. A live D.J. is a form of live entertainment, and so is a drag show, and both of those forms of entertainment go well beyond one vocalist and one instrument to be used during lunch and dinner. Indeed, the D.J. performed up until 1:00 a.m., which is obviously after dinner. 10. Finally, with regard to condition 28 c. of the 2012 minor modification to the CUP related to a disorderly house, Sergeant Hephner's testimony regarding activities at and around The Bank was credible and persuasive and established that The Bank had become a disorderly house, which is defined as "disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti etc." or that "has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc." The City established by clear and convincing evidence that The Bank created loud noise beyond that allowed by the City's TMC with outdoor speakers and a D.J.; The Bank had many ongoing crimes including a murder that occurred at The Bank's patio, and many fights and incidents of public intoxication. Ms. Lane's assertion 0053 that those things were happening around The Bank, but were not caused by The Bank, was simply unpersuasive. THE DOCTRINE OF LACHES DOES NOT APPLY 11. CNC Puma, d.b.a. The Bank, asserted that the City failed to take any action against The Bank's failure to abide by the operating hours set forth in the 2012 CUP for over nine years, which appears to be an argument that the doctrine of laches applies to prevent the City from either revoking the CUP or enforcing the operating hours of the 2012 CUP. "The defense of laches requires unreasonable delay plus either acquiescence in the act about which plaintiff complains or prejudice to the defendant resulting from the delay." (Feduniak v. California Coastal Com. (2007) 148 Cal.App.41n 1346, 1381.) In this case there is no evidence that the City knew that The Bank was operating outside of the approved operating hours in the 2012 CUP until 2021 when it began issuing citations. Specifically, testimony from Mr. Cole established that the City was not aware of those violations until 2021. Accordingly, the doctrine of laches does not apply in this matter. NOTIFICATION TO ZIP THIRD 12. Zip Third's argument that the City should be prevented from revoking the CUP because Zip Third was provided with insufficient notice regarding the citations and civil penalties in this matter is unpersuasive. Specifically, the issue in this matter is whether Zip Third was provided sufficient notice regarding the City's intention to revoke the CUP, and not whether Zip Third was provided sufficient notice of the underlying citations and civil penalties. However, the City established by clear and convincing evidence that Zip Third had received some notice regarding those citations and civil penalties at least as early as August 2021, because Mr. Cole sent both a letter 1114,7I in August 2021 to Mr. Solomon at his Wilshire Blvd. address, as well as sent copies of 72 different civil penalty letters to Mr. Solomon at his Wilshire Blvd. address as early as August 2021. Mr. Solomon claimed that he did not receive these documents. However, he also admitted that he simply did not go to his office where those letters were sent during that time because of COVID. Accordingly, the City provided sufficient notice to Mr. Solomon regarding the violations of the CUP by The Bank. 13. Zip Third also argues that the City has been unfair to Zip Third because the City refuses to "work with them" to address The Bank's violations. However, the TMC does not require the City to work with the property owner, but the TMC does provide a mechanism by which the City may revoke the CUP if repeated violations have been established pursuant to TMC Section 17.03.085. The City has met its obligations under the TMC for revocation of the CUP in this case, and the City has no obligation to "work with" the property owner otherwise. While Mr. Solomon credibly testified that the City's revocation of the CUP will not stop the continued violations by The Bank, and that eviction of The Bank will do so. The only issue for determination in this hearing is whether the City has met its clear and convincing burden to establish that conditions of approval of the CUP have been violated and revocation of the CUP is appropriate under these circumstances and it has done so. 14. Zip Third's argument that the CUP should be revoked with regard to CNC Puma, d.b.a. The Bank, and not with regard to Zip Third is also unpersuasive. Nothing in the TMC provides any authority by which such a revocation with regard to a tenant but not with regard to an owner is possible. Instead, the TMC simply sets forth the procedure by which the CUP may be revoked in total. D 1 , The 2012 Minor Modification to the CUP, as well as the original 2007 CUP and the 2008 Minor Modification to the CUP, issued to CNC Puma, d.b.a. The Bank, and to Zip Third Investments, L.L.C. are revoked. DATE: October 19, 2022 Debra � Nye-Tekki�s DEBRA D. NYE-PERKINS Administrative Law Judge Office of Administrative Hearings 0056 P"Z 0057 Notice of Public Hearing A public hearing has been scheduled before the City of Temecula Planning Commission to consider the matter described below: The Planning Commission will review the independent hearing officer's decision to revoke Conditional Use Permit PA12-0041, PA08-0236, and PA07-0314 for the property located at 28645 Old Town Front Street, Temecula, California 92590, commonly known as The Bank. The Conditional Use Permit allows this property to hold a Type 47 ABC license and provide dinner entertainment for the purpose of providing background music at the existing restaurant. The revocation of the Conditional Use Permit will disallow the alcohol license and live music. The independent hearing officer's decision to revoke the Conditional Use Permit was based on the following grounds: that the approved conditions of the 2012 minor modification to the Conditional Use Permit are applicable; that CNC Puma Corporation d/b/a The Bank violated Condition No. 12 by continuously operating outside of the approved hours of operation and by selling alcohol to customers at hours beyond that permitted by the 2012 Conditional Use Permit; that CNC Puma Corporation d/b/a The Bank violated Condition No. 9 by having live entertainment of a D.J. at The Bank, which is beyond the live entertainment permitted by the 2012 Conditional Use Permit; that CNC Puma Corporation d/b/a The Bank violated Condition No. 28c by becoming a disorderly house; and that the City provided sufficient notice to Zip Third Investments, LLC, the property owner, regarding the violations of the Conditional Use Permit by The Bank. PLACE OF HEARING: 41000 Main Street, Temecula, CA, City of Temecula, Council Chambers DATE OF HEARING: February 15, 2023 TIME OF HEARING: 10:00 AM You may appear at the hearing or provide written comments by sending them to Erika Ramirez at erika.ramirez(a),temeculaca.gov. Any comments received prior to 10:00 AM on February 15, 2023 will be included as part of the record. If you challenge this action in court, you may be limited to raising only those issues you or someone else raised during the public hearing described in this notice, or in written correspondence delivered to the City of Temecula at, or prior to, the public hearing. #3 0059 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PETER M. THORSON (BAR NO. 83088) CITY ATTORNEY CITY OF TEMECULA RICHARDS, WATSON & GERSHON A Professional Corporation JENNIFER PETRUSIS (BAR NO. 235144) jpetrusis@rwglaw.com 350 South Grand Avenue, 37th Floor Los Angeles, California 90071 Telephone: 213.626.8484 Facsimile: 213.626.0078 Attorneys for Agency City of Temecula STATE OF CALIFORNIA OFFICE OF ADMINISTRATIVE HEARINGS In Re OAH Case No. 2022051021 The Bank CITY OF TEMECULA'S CLOSING ARGUMENT 11086-0773\2714364v1.doc CITY OF TEMECULA'S CLOSING ARGUMENT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The City of Temecula respectfully submits its written Closing Argument in this matter. I. INTRODUCTION The Bank is not happy with the permitted operating hours set forth in the current Conditions of Approval for its Conditional Use Permit ("CUP"). Rather than go through the proper process to modify the CUP, i.e. by submitting an application to the City for a minor modification to the CUP, The Bank chooses to violate its CUP and has done so for the past 17 months. The Bank has also violated the live entertainment provision of its CUP (Condition No. 9, Ex. 9) and has become a disorderly house as defined in Condition No. 28.c., Ex. 9). The City has issued over 100 citations and civil penalties, some of which were paid by the owner and operator of The Bank and none of which were appealed. Property owner Zip Third Investments, LLC has been on notice of the violations since at least August 2021. The City is left with no other option than to proceed with revoking the CUP. Based on the evidence provided during these proceedings before OAH, including the testimony of witnesses and the exhibits entered into evidence, the City has established by clear and convincing evidence the facts upon which the Planning Director based his recommendation that CUP 07-0314, as modified by PA 08-0236 and PA 12-0041 should be revoked. Accordingly, the City requests a decision pursuant to Temecula Municipal Code section 17.03.085 that the CUP be revoked. II. REVOCATION OF THE CUP IS WARRANTED. A. The City Has Complied with Notice Requirements Temecula Municipal Code section 17.03.085 (Ex. A) sets forth the process by which the City may revoke a Conditional Use Permit. According to Section 17.03.085(A), "[I]f the planning director determines that any conditions of approval of a conditional use permit ... have been violated ... the planning director shall send notice to the permit holder and the city clerk." Judge Nye -Perkins deteUz_=Wjed that both the property owner (Zip Third 11086-0773\2714364v1.doc CITY OF TEMECULA'S CLOSING ARGUMENT I Investments, LLC) and The Bank's owner and operator (CNC Puma Corporation) are 2 permit holders for the CUP at issue. Deputy City Manager and Planning Director Luke 3 Watson's Notification (Exs. 13 and 14) was sent to both permit holders and, indeed, Mr. 4 Puma, Ms. Lane, and Mr. Solomon all testified that they received the Notification. 5 Section 17.03.085 contemplates a hearing date 45 days after referral of the matter to 6 OAH. Here, the hearing date in this matter (August 31-September 1, 2022) occurred at 7 least 57 days after the Notification was sent to Zip Third's agent for service of process, 8 Norman Solomon, and more than three months after the City sent the Notification to CNC 9 Puma Corporation, Mr. Puma, and Ms. Lane. The City has complied with the notice 10 requirements set forth in Section 17.03.085. Z 0 11 B. The City Has Demonstrated 17 Months' Worth of Violations of the CUP. o 2 12 Mr. Watson explained that the current Conditions of Approval are those contained in L o dL cr z o 13 Exhibit 9, i.e. PA 12-0041. Condition No. 12 sets forth the current permitted operating 0 N a14 hours, which require The Bank to close by 10:00 p.m. on Mondays through Thursdays and ,ov s 15 on Sundays, and at 11:00 p.m. on Fridays and Saturdays. It is undisputed that The Bank LL N 16 has not complied with these operating hours and that it continues to violate even after Uo 17 receiving Mr. Watson's Notification. Nq18 Similarly, Respondents do not dispute the noise violations. Condition No. 28.c. 19 states, "Licensees may not permit their licensed premises to become a disorderly house. A 20 disorderly house is a licensed outlet (on or off -sale) that (a)disturbs neighbors with noise, 21 loud music ... and/or (b) has many ongoing crimes inside such as drunks, fights, assaults. . 22 .. The licensed premises include the parking lot. (Section 25601 B&P, 316 PC)." 23 Respondents do not dispute that the City has properly issued several citations to The Bank 24 for exceeding noise standards due to loud music. Additionally, Sgt. Josh Hephner of the 25 Riverside County Sheriff's Department recounted the numerous crimes that have occurred 26 at or are connected to The Bank, including fights, public intoxication, DUI's, and most 27 importantly, two shootings that occurred over the course of two months. The victim of the 28 January 2022 shooting was a former 666 guard employed by The Bank who was a VVVV -3- CITY OF TEMECULA'S CLOSING ARGUMENT 11086-0773\2714364v1.doc I convicted felon and was on felony probation. The January 2022 shooting would not have 2 occurred if The Bank had been operating within its permitted operating hours and had 3 closed as it should have at 10:00 p.m. on that Sunday. That other establishments in the Old 4 Town Temecula area also have had several calls for service does nothing to diminish the 5 criminal activity at The Bank. Respondents cannot claim The Bank is not a disorderly 6 house in violation of its Conditions of Approval because other establishments also have 7 incidents of criminal activity. Mr. Watson, Mr. Cole, and Sgt. Hephner testified about the 8 efforts the City has taken to address criminal activity in the Old Town Temecula area, 9 including forming a special task force to visit every establishment on Friday and Saturday 10 nights. Z z 11 Finally, it is undisputed that The Bank has been using a deejay and has had drag o 0 2 12 show events in violation of the live entertainment provision of Condition No. 9 (Ex. 9). L o dL cr z o 13 Stuart Fisk of the City's Planning Department testified that the deejay and the drag show 0 N a14 performance are not in conformance with The Bank's Conditions of Approval. ,ov s 15 The Bank is clearly not interested in complying with its CUP. Contained in Exhibit LL N 16 10 are copies of all of the citations issued to CNC Puma Corporation, the owner and Uo 17 operator of The Bank. Contained in Exhibit 11 are copies of all of the civil penalty letters 18 (as of August 20, 2022) issued to CNC Puma Corporation. Code Enforcement Officer Tom 19 Cole testified that he sent a notice letter (Ex. 14) to Zip Third in August 2021 and that he 20 sent copies of civil penalty letters to Mr. Solomon of Zip Third starting in August 2021. 21 Mr. Solomon admitted that he received some of these civil penalty letters, specifically those 22 issued after March 2022. 23 That Mr. Puma never reviewed the Conditions of Approval does not excuse the 24 violations. That Mr. Puma assumed the hours of operation did not change in the Conditions 25 of Approval does not excuse the violations. That Mr. Puma provided incorrect information 26 to Ms. Lane about the permitted operating hours does not excuse the violations. That Ms. 27 Lane did not agree with the City that the 2012 Conditions of Approval are currently in 28 effect does not excuse the violations.661r. Solomon did not personally receive from !� -4- CITY OF TEMECULA'S CLOSING ARGUMENT 11086-0773\2714364v1.doc 1 2 3 4 5 6 7 8 9 10 Z0 11 o �p 12 L o dL cr 0` z 13 o 0 N a 14 6 ov s 15 LL N 16 Uo 17 18 19 20 21 22 23 24 25 26 27 28 his office the copies of notice letters that were sent to Zip Third's address does not excuse the violations. That Mr. Solomon's property manager failed to tell him about the citations issued to The Bank does not excuse the violations. The City has demonstrated a history of violations of the CUP by The Bank over the past 17 months. Respondents cannot now challenge the permitted operating hours or any of the Conditions of Approval. As Mr. Watson testified, the time to appeal the Conditions of Approval have long passed. Mr. Puma testified he is familiar with the process to apply to expand The Bank's operating hours. The Bank chose not to apply for a minor modification and chose instead to violate its CUP. III. CONCLUSION. The City is not obligated to stand by while The Bank continues to violate its CUP. The City is not obligated to wait for a landlord to take action against its violating tenant. The City has satisfied its burden of demonstrating violations of the CUP and, accordingly, that revocation is appropriate in this matter. Therefore, the City respectfully requests that OAH issued a decision pursuant to Section 17.03.085 that the CUP is revoked. Dated: September 6, 2022 RICHARDS, WATSON & GERSHON A Professional Corporation JENNIFER PETRUSIS JET4NIFEk PETRUSIS Aubmeys for Agency CITY OF TEMECULA 0064 -5- CITY OF TEMECULA'S CLOSING ARGUMENT 11086-0773\2714364v1.doc 1 PROOF OF SERVICE 2 In Re The Bank 3 OAH Case No. 2022051021 4 I, Mary Greer, declare: 5 I am a resident of the State of California and over the age of eighteen years and not a party to the within action. My business address is 350 South Grand Avenue, 37th Floor, Los Angeles, 6 California 90071. On September 6, 2022, I served the within document(s) described as: 7 CITY OF TEMECULA'S CLOSING ARGUMENT 8 on the interested parties in this action as stated on the attached mailing list. 9 10 X❑ (BY ELECTRONIC SERVICE) By submitting an electronic version of the document(s) to OAH through their user interface. 11 I declare under penalty of perjury under the laws of the State of California that the 12 foregoing is true and correct. 13 Executed on September 6, 2022, at Los Angeles, California. 14 15 q*4A�Y--IYIL� Mary Greer 16 17 18 19 20 21 22 23 24 25 26 27 28 0065 -I- PROOF OF SERVICE 11086-0773\2714491v1.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SERVICE LIST Via E-Service Via E-Service Craig Puma Elizabeth L. Martyn 28645 Old Town Front Street Tyler Sherman Temecula, CA 92590 COLE HUBER LLP cpumavi(kgmail.com 2855 E. Guasti Road, Suite 402 Ontario, CA 91761 martynlaw2000 kao 1. com tshermangco lehuber. com rbolin(kcolehuber.com ssariswold(kcolehuber.com Attorneys for ZipThird Investments LLC Via E-Service Thomas Callaway, Esq. 43537 Ridge Park Dr. Temecula, CA 92590 tomcallawaygverizon. net Attorney for Amanda Moore and CNC Puma Corporation 0066 -2- PROOF OF SERVICE 11086-0773\2714491v1.doc MA 0067 EXHIBIT 1 EXH 1 - 0001 Temecula, California Municipal Code Title 17 ZONING Chapter 17.03 ADMINISTRATION OF ZONING 17.03.085 Revocations and modifications —Conditional use permits, development plans, and other land use entitlements. A. Revocation. Notice. a. If the planning director determines that any conditions of approval of a conditional use permit, variance, development plan, or other land use entitlement have been violated, or that the permittee is operating in a manner that is inconsistent with or that is not in accordance with the approved statement of operations, or that such entitlement is being used in a way that is injurious to the public health, safety, or welfare, the planning director shall send notice to the permit holder and the city clerk. The planning director may consult with the chief of police or fire chief in making this determination. The notice shall provide sufficient information to inform the permit holder of the reasons why the planning director is recommending that the permit be revoked and shall specifically identify the findings for revocation as set forth is subsection (A) (4) below, and that a public hearing shall be held before an independent hearing officer to determine whether the permit should be revoked, modified, or remain unchanged b. The city clerk shall refer the matter to the California Office of Administrative Hearings for the assignment of an administrative law judge to serve as an independent hearing officer. The matter shall be heard within forty-five days of referral to the Office of Administrative Hearings, but may be extended for due cause including scheduling limitations of the hearing officer. In the event the Office of Administrative Hearings is unable to provide a hearing officer, the city clerk shall make arrangements for the selection of a hearing officer to conduct the appeal hearing as provided in this subsection. i. Not less than fifteen days prior to the public hearing, the city clerk shall notify the planning director and the permit holder of the names of three qualified attorneys or retired Superior Court or Appellate Court judges submitted to the city clerk by a reputable firm providing mediators and arbitrators to serve as a panel from which the hearing officer will be selected. ii. Within five days of the date of mailing the notice of the available panel, the planning director and the permit holder may notify the city clerk in writing that he or she elects to remove one of the three potential hearing officers. EXH 1 - 0002 iii. The city clerk shall then request the mediation and arbitration firm to select one of the remaining names on the list as the designated hearing officer for the appeal hearing. 2. Notice of the public hearing shall be given to the general public pursuant to the provisions of Government Code Section 65090 and Section 17.03.040(B). 3. Fees. The cost of the independent hearing officer shall be paid for by the city. 4. Public Hearing Before Independent Hearing Officer. A public hearing shall be held before an independent hearing officer to determine whether there are grounds to revoke the permit. At the public hearing, the hearing officer shall receive oral and written evidence from the planning director, or designee, any other city personnel, the permit holder, and any member of the public wishing to heard at the public hearing. The hearing officer shall have authority to administer oaths to those persons who will provide oral testimony. The evidence presented need not comply with the strict rules of evidence set forth in the California Evidence Code, but shall be the type of evidence upon which reasonable and prudent people rely upon in the conduct of serious affairs. The hearing officer shall have broad authority to control the proceedings and to provide for cross examination of witnesses in a fair and impartial manner. The planning director, or designee, shall have the burden of proof to establish by clear and convincing evidence the facts upon which his or her recommendation to revoke the permit is based. The public hearing shall be recorded by audio recording. The city shall, at its sole cost and expense, utilize the services of a certified court reporter to prepare the verbatim record of the hearing. The transcript shall be made available for purchase to both parties. The hearing officer may continue the public hearing from time to time, but only upon written motion of a party showing good cause for the continuance. 5. Revocation. The independent hearing officer may revoke a permit, or impose or modify any conditions imposed on the permit if he or she finds that any of the following findings can be made: a. That the permit was obtained by omission, misrepresentation, or fraud; b. That any of the conditions of approval for the permit have not been met, or the use is operating in a manner that is inconsistent with any of the conditions of approval; c. That the use for which the permit was granted is operating in violation of any statute, ordinance, law or regulation; d. That the permit is being exercised in a way that is detrimental to the public health, safety or welfare or constitutes a nuisance. 6. Independent Hearing Officer Decision. Within ten days of the conclusion of the public hearing, the hearing officer shall render his or her decision and make written findings of fact and law supporting the decision. He or she shall send the decision to the city clerk. Upon receipt of the hearing officer's decision, the city clerk shall send a copy of it to the planning director and the permit holder, along with a proof of mailing. 0070 EXH 1 - 0003 7. Public Hearing Before the Planning Commission. The planning commission shall hold a public hearing to review the independent hearing officer's decision on the permit revocation. Notice of the public hearing shall be given pursuant to subsection (A)(2) of this section. The notice of public hearing shall briefly summarize the grounds for the independent hearing officer's decision to revoke the permit, modify any conditions of approval, or allow the permit to remain in place unchanged. The planning commission shall review the transcript of the proceeding before the independent hearing officer and the findings of fact and law issued by the independent hearing officer. The planning commission shall only consider the evidence presented at the hearing before the independent hearing officer as well as any new evidence presented by the public at the public hearing before the planning commission. The city clerk is authorized to retain an attorney to advise the planning commission. The planning commission's decision to confirm, modify or overturn the independent hearing officer's decision shall be set forth in a resolution. The city clerk shall mail a copy of the resolution to the permit holder along with a proof of service. If the planning commission decision is not timely appealed, the revocation of the permit or any modifications to the conditions of approval shall be effective upon adoption of the planning commission resolution. 8. Appeal. Within ten calendar days from date of the city clerk's mailing of the planning commission's decision, either party may appeal the decision to the city council. The appeal shall be in writing and shall state the grounds of the appeal and specify the errors in the decision. Upon receipt of the appeal, the city clerk shall schedule the appeal for review by the city council at the next council meeting not less than twenty calendar days after receipt of the appeal. The city council review of the appeal shall be limited to determining whether the evidence received at the revocation hearing supports the findings and decision of the planning commission. The city council shall be limited to the evidence presented at the revocation hearing before the independent hearing officer and planning commission as well as any new evidence presented by the public at the public hearing. The city council's decision on the appeal shall be by resolution and that decision shall be final. Upon adoption of the resolution, the city clerk shall mail a copy of the resolution to the permit holder. Any legal action challenging the city council's decision shall be filed within ninety days of the date of the proof of service of mailing the council's resolution pursuant to Section 1094.5 et seq., of the California Code of Civil Procedure. If the council upholds the revocation of a conditional use permit or any modification to the conditions of approval, the revocation of the conditional use permit or modifications to the conditions of approval shall be effective upon adoption of the city council resolution. (Ord. 20-08 § 4) Contact: City Clerk: 951-694-6444 Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use. 0071 EXH 1 - 0004 EXHIBIT 2 0072 EXH 2 - 0005 11086-0773\2711254v1.doc Temecula, California Municipal Code Title 17 ZONING Chapter 17.03 ADMINISTRATION OF ZONING 17.03.010 Purpose and intent. The purpose of this chapter is to outline procedures for the processing of land use permits and other discretionary approvals. Table 17.03.010 (Approval Authority) identifies approval authority for the various planning, zoning and land use permits issued in the city. Table 17.03.010 Planning and Zoning Approval Authority Application Administrative Planning Planning City Approval Director Commission Council General plan amendment Recommendations X1 Zoning amendment: text Recommendation i X1 changes Zoning amendment: map Recommendation i X1 changes Zoning amendment: specific X1 plan, includes specific plan Recommendation amendments Conditional use permit —existing Xl2 building Conditional use permit with a X1,2,3 X1,3 development plan Development plan X 1 (10,000 sq. ft. or greater) Development plan X 1 (less than 10,000 sq. ft.) Major modifications X2,4 X1,4 Minor modifications X2 Administrative development plan X2 Home occupation plan v2- EXH 2 - 0006 Minor exceptions X2 Sign permits X2 Sign programs, including sign 2 X program modifications Temporary use permits X2 Variance X1 Accessory dwelling unit X5 Hillside development permit X1 Notes: 1. Requires consideration at a noticed public hearing. 2. For matters that are considered to have special significance or impact, the director of planning may refer such items to the planning commission for consideration. 3. Conditional use permits without development plans are approvable by the director of planning. Conditional use permits with development plans are approvable by hearing body required for the development plan. 4. Major modifications of projects which were approved by the planning commission or city council shall be considered by the original approval body. Increases in building square footage that results in a building larger than 10,000 square feet shall be considered by the planning commission. 5. State law requires the administrative consideration of secondary dwelling units. These applications cannot be promoted to the planning commission. For a development application that requires more than one permit or approval, the approving authority for the entire application shall be the highest level of approval for any portion of the application. (Ord. 22- 01 § 4; Ord. 10-07 § 4; Ord. 10-05 § 2; Ord. 08-15 § 2; Ord. 03-06 § 1; Ord. 03-04 § 8; Ord. 02-12 § 3; Ord. 02-11 § 3(G); Ord. 99-24 § 5(E); Ord. 98-19 § 4; Ord. 98-18 § 4; Ord. 98-10 § 2; Ord. 96-19 § 2(D); Ord. 95-16 § 2) Contact: City Clerk: 951-694-6444 Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use. 0074 EXH 2 - 0007 EXHIBIT 3 0075 EXH 3 - 0008 11086-0773\2711254v1.doc Temecula, California Municipal Code Title 17 ZONING Chapter 17.03 ADMINISTRATION OF ZONING 17.03.090 Appeals. A. Purpose of Appeals. The purpose of the appeal procedure is to provide a general method of recourse for persons aggrieved by or dissatisfied with any action by an administrative agency of the city in the administration or enforcement of any provision of this development code or to enable a member of the city council to bring the action before the city council for decision. B. Decisions Which May Be Appealed to Planning Commission. The following actions may be appealed to the planning commission: Actions by the director of planning on approval of development permits, conditional use permits and extensions of time; 2. Actions by the director of planning on the approval of sign permits; 3. Any other action by the director of planning for which an appeal is authorized by the code. C. Decisions Which May Be Appealed to the City Council. The following actions may be appealed to the city council: All decisions of the planning commission. D. Filing Procedure. Any person aggrieved by or dissatisfied with, or excepting to any administrative decision, which an appeal to the planning commission is authorized, may appeal from such action by filing a written notice of appeal with the city clerk within the time required by this section. The city manager or a member of the city council may file a written notice of appeal of a planning decision on the basis that such action is of sufficient importance to the city that it should be reviewed by the entire city council. In making such an appeal, a member of the city council is not taking a position in favor of or against the action or any portion of it and is not deciding or committing to a vote in favor of or against the action or any portion thereof. E. Notice of Appeal —Time Limit. A notice of an appeal by any individual, who is aggrieved by or dissatisfied with a decision on an application made by him or her or in his or her behalf, or with any action, order, requirement, decision or determination, or a notice of appeal of an action of the Planning Commission from the city manager or a member of the city council, shall not be acted upon unless filed within fifteen days following the date of action taken by the approving body. F. Notice of Appeal —Contents. The notice of appeal shall set forth: 0076 EXH 3 - 0009 a. The specific decision appealed from; b. Except for the city manager or members of the city council, the grounds for the appeal; and c. Except for the city manager or members of the city council, the relief or action sought from the planning commission or city council. 2. In the event any notice of appeal fails to set forth any information set forth by this section, the city clerk may, but is not required to, return the same to the appellant with a statement of the respects in which it is deficient, and the appellant shall thereafter be allowed five days in which to refile the notice of appeal. G. Fee for Appeals. 1. Except where an appeal is filed by the city manager or any member of the city council, the written notice of appeal shall be accompanied by a fee, established by resolution of the city council. 2. If the notice of appeal is not accompanied by a fee, or if the amount paid is insufficient to constitute the appropriate fee, the city clerk shall promptly notify the appellant of the deficiency, and shall advise that the appeal shall not be considered unless and until the appropriate fee has been paid within the time otherwise required for the filing of an appeal. H. Hearing —Presentation of Evidence. The hearing on appeal shall be a de novo hearing at which all aspects of the application shall be considered in accordance with the requirements of law. The hearing shall be noticed and conducted in the manner required by this code for consideration of the permit or other discretionary approval applied for by the applicant. The applicant shall have the burden of proof in making the findings required by this code for granting the requested permit or other discretionary approval. I. Hearing —Determination. The planning commission or city council may continue the matter from time to time and, at the conclusion of its consideration, may affirm, reverse or modify the action which was taken. The planning commission or city council may take any action which might have been taken in the first instance by the administrative agency from whose action the appeal has been taken. (Ord. 14-01 § 8; Ord. 11-03 § 5; Ord. 10-07 § 13; Ord. 06-06 § 6(A); Ord. 98-10 § 4; Ord. 96-19 § 2(H); Ord. 95-16 § 2) Contact: City Clerk: 951-694-6444 Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use. 0077 EXH 3 - 0010 EXHIBIT 4 EXH 4 - 0011 11086-0773\2711254v l .doc tity of Temecu& 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 (951) 694-6400 FAX (951) 694-6477 E-Mail: www.cityoftemecula.org MINOR CONDITIONAL USE PERMIT Date Stamp (Public Hearing) P�D3/E, Planning Application No. t� PROJECT INFORMATION (INCOMPLETE APPLICATIONS CANNOT BE ACCEPTED) Project Title: t i (�� �- -T7D :13PE_ L49 Li�C,u�i� Project } Description/Use: Assessor's Parcel No(s): 9 aaC) C) Legal Description (Tract, lot no.): Street Address (es):S (fl �� E7 I.1� "ibuJ tJRo,J t S-;--ry1Ec i{�✓1 `��5^y 0 General Location: T-RONT /4 Ma-;sJ ADDITIONAL PROJECT INFORMATION I s-T Ir-toolz c+-runt c �?­ Total Building Square Footage: 3 r7 Total Tenant Square footage: Z*0 VLourt pc-AjpirjC - tv Zoning: Sc- General Plan: Related Cases: %PA ns - 0 -�'r ex�rkoljd why sue. �0Ur',� l RAApplications- Forms\WQMManddtonal Ilse Pcrmil-Minor -Revised 06-05.doc 2 0079 EXH4-0012 APPLICANTIREPRESENTATIVE/OWNER. INFORMATION 04(-PtAtvw c-acze.. d Ao. APPLICANTlR8PRE5ENTATIVET& P k off' - 5 XrC UST FIRST ML PHONE NO. _ g ► - 5S4 - 9334- FAX NO. R5►-'SC(o - Q:lV44 ADDRESS ?a_ t�\� GA�tL%'�i G"V 71r&mU-4 C.A 9'JScl 1 STREET CITY STATE ZW E-MAIL �- k�U4Mi1 (� K'aC\aruY-,V\SY, Cc)rn � PROPERTY OWNER_ L4 cLIT14, '�-AA4AQSrc�1 UST FIRST MI PHONE NO. Zip ' _rJ �8 tDtO G7 rr FAX NO. Z.c—;o -- 59 a -- (-o4o'2 - ADDRESS_ SPw� 0NE. Ul 4DiZ lA 5C \)S!- I'T3 STREET CITY STATE ZIP E-MAIL _ 11�RDp s5 Ca' h} ravJ. Cc, I certify that all filing requirements have been satisf led for my application. I further understand that an Incomplete application cannot be accepted f r nrnrn +..� Applicant's Signature Date: i/-.Q5 -,-LODI I certify under the penalty of the laws of the State of California that I am the property owner of the property that is the subject matter of this application and I am authorizing to and hereby do consent to the filing of this application and acknowledge that the final approval by the City of Temecula, If any, may result in restrictions, limitations and construction obligations being�imp�os d on this recall property.. Owner/Authorized Agent Signature: _ X �/ �t �' `�"' Date: X Vy ' d (i� Print Name: X � ` � � �h L � iv � ( L � {'�' Written aQsthorizatien From the legal property owner Is required. An authorized agent for the owner must attach a notarized it*:ter of authorization from the legal property owner. Doaanenti EXH4-0013 EXHIBIT 5 11: EXH 5 - 0014 11086-0773\2711254v1.doc DH RESOLUTION NO. 08-001 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0314, A MINOR CONDITIONAL USE PERMIT TO UPGRADE A TYPE-41 ABC LICENSE (ON -SALE BEER AND WINE -EATING PLACE), TO A TYPE-47 ABC LICENSE (ON -SALE GENERAL), WHICH WOULD AUTHORIZE THE SALE OF BEER, WINE AND DISTILLED SPIRITS AT THE BANK OF MEXICAN FOOD RESTAURANT, LOCATED AT 28645 OLD TOWN FRONT STREET (APN: 922-036-011) Section 1. Procedural Findings. The Planning Director of the City of Temecula does hereby find, determine and declare that: A. On November 7, 2007, Mr. Craig Puma, applicant and owner of The Bank of Mexican Food restaurant, filed Planning Application No. PA07-0314, a Minor Conditional Use Permit, in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Director, at a regular meeting, considered the Application and environmental review on January 3, 2008, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Director's Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA07-0314 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA07-0314 conformed to the City of Temecula's General Plan and Development Code and Old Town Specific Plan. Section 2. Further Findings. The Planning Director, in approving Planning Application No. PA07-0314 hereby makes the following findings as required by Section 17.040.010.E — (Conditional Use Permit) of the Temecula Municipal Code: Minor Conditional Use Permit — Development Code Section 17.040.010.E A The proposed conditional use is consistent with the General Plan and the Development Code. The proposed use is consistent with the specific policies and goals outlined in the City's General Plan that are to be implemented within the Old Town area. The proposal to upgrade an alcohol license from a Type 41 license (on -sale beer and wine — eating place) to a Type 47 license (on -sale general — eating place) for an G iPlanningk2007%PAOT0314 The Bank Upgrade to Type 47 Min W821"g\DH RESOLUTION EXEMPT FROM CEQA doc EXH 5 - 0015 existing restaurant, The Bank of Mexican Food, located within Old Town's Tourist Retail Core zoning district is consistent with goals and polices reflected in the Old Town Specific Plan. The proposed use is also consistent with the goals and policies of the underlying General Plan Land Use Designation (Community Commercial), contained within the General Plan. The General Plan states that the Old Town area should be utilized to promote tourism and related activities within the City. The Old Town Specific Plan indicates that Old Town should be developed to provide local and tourist oriented retail services and promote existing development and uses that add to the "thematic" ambiance of the Old Town area The proposed project is anticipated to enhance the vibrancy in the Old Town area. The project is consistent with the surrounding uses and meets all applicable Development Code requirements, including the 500' sensitive use separation requirement. The site has been properly planned and zoned and found to be physically suitable for the proposed use. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed conditional use is compatible with adjacent land uses as defined in the General Plan and Old Town Specific Plan. The proposed use has been analyzed and compared to the adjacent land uses and it has determined that the proposed use will be consistent with the surrounding uses. The area in which The Bank of Mexican Food Restaurant is located consists of a mixture of uses which includes retail and commercial, as well as other restaurant uses and wine tasting facilities. The restaurants in the immediate vicinity also serve alcoholic beverages without having an adverse effect on adjacent uses. It is anticipated that the proposed use will not adversely affect any of the surrounding properties because the use will occur within an existing building at an existing restaurant that currently holds a Type-4I (on -sale beer and wine -eating place) license. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The Bank of Mexican Food currently exists on -site and when the property was developed it was determined that the site was adequate In size and shape to accommodate the budding and all required development features. It has been determined that the project is consistent with the Development Code and Old Town Specific Plan requirements, as related to the requested ABC license upgrade. No exterior changes are being proposed as a part of this planning application. The only change being proposed is related to the use and authorization for this existing restaurant to serve beer and wine, along with distilled spirits. In addition, the City Police Department has reviewed the proposed project and has issued Conditions of Approval. G \P1anneng\2007\PA07-0314 The Funk Upgrade to Type 47 Min i��p,VN �o �y�a �g\D}i RESOLUTION EXEMPT FROM CEQA doe V v EXH 5 - 0016 D The nature of the proposed minor conditional use is not detrimental to the health, safety and general welfare of the community. The nature of the proposed use is not detrimental to the health, safety and general welfare of the community. The restaurant currently holds an active Type- 41license (on -sale beer and wine -eating place) which allows the establishment to serve beer and wine on the premises. The upgrade to a Type-47 license (on - sale general -eating place), which will authorize the establishment to serve beer, wine and distilled spirits, will provide an additional service and convenience to patrons within the community. The site is also consistent with the City's Development Code requirement regarding separation .of sensitive uses. It has been determined through GIS data that the 500 foot sensitive use separation requirement has been met. Furthermore, the City of Temecula Police Department has provided conditions of approval for the project and concurs with the request for the license upgrade and sale of alcoholic products at the project site. Section 3. Environmental Findings. The Director of Planning hereby make the following environmental findings and determinations in connection with the approval of the Minor Conditional Use Permit application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (15301, Class 1, Existing Facilities); The key consideration for the existing facilities exemption is whether the project involves negligible or no expansion of an existing use. It has been determined that this project is categorically exempt according to CEQA Section 15301, Class 1 (Existing Facilities) because no expansion or construction is proposed as a part of this project. The restaurant currently exists on -site. The upgrade of an ABC license which authorizes this restaurant to serve not only beer and wine, but also distilled spirits, does not involve the physical expansion of the existing use or structure. The land use is not changing, the restaurant currently exists and will continue to exist. The only change is to the type of beverages that are authorized to be sold on the premises. Section 4. Conditions. That Planning Director of the City of Temecula hereby approves Planning Application No. PA07-0314, a Minor Conditional Use Permit to upgrade a Type-41 ABC license (on -sale beer and wine -eating place), to a Type-47 ABC license (on -sale general), which would authorize the sale of beer, wine and distilled spirits at The Bank of Mexican Food restaurant, located at 28645 Old Town Front Street subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. G %Plammmg12007,PA07.0314 The Bank Upgrade to Type 47 Min#d# nWDH RESOLUTION EXEMPT FROM CEQA doc EXH 5 - 0017 Section 5. PASSED, APPROVED AND ADOPTED by the Planning Director of the City of Temecula this 3`d day of January 2008. Debbie Ubnoske, Director of Planning I, Kathy Simpkins, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 08-001 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 3`d day of January 2008. KaWy SimpkAs, Sec�ary G kPlannmp�2007\PA07-03I4 The Bank Upgrade tolype 47 R1m0Evd,8 "g%DH RESOLUTION EXEMPT FROM C:FQA doc EXH 5 - 0018 EO ACCEPTANCE OF CONDITIONS OF APPROVAL !, Craig Puma, understand that Planning Application No. PA07-0314 has been approved with Conditions of Approval which are set forth in Exhibit A. I have read the Conditions of Approval contained in DH Resolution No. 08-001, and understand them. Through signing this ACCEPTANCE OF CONDITIONS OF APPROVAL, I agree and commit to the City of Temecula that I will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions. U, 1 A(, SIGNATIE l-/6) 0'�' DA TE G 1Plann{ngl2007\PA07.0314 The Bank Upgrade to Type 47 1006lanninglfiNAL COA-CUP.doc EXH 5 - 0019 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA07-0314 Project Description: A Minor Conditional Use Permit to upgrade an existing Type-41 ABC license (on -sale beer and wine -eating place), to a Type-47 ABC license (on -sale general), which would authorize the sale of beer, wine and distilled spirits at an existing restaurant, The Bank of Mexican Food, located at 28645 Old Town Front Street Assessor's Parcel No. 922-036-011 MSHCP Category: N/A DIF Category: N/A TUMF Category: N/A Approval Date: January 3, 2008 Expiration Date: January 3, 2010 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 1. The applicant/developer shalt deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty -Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). 2. The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department. G1PIann1ngLM71PA07-0314 The Bank Upgrada to Type 47dd&lanningtFiNAL GOA-CUP.doc EXH 5 - 0020 GENERAL REQUIREMENTS G:%P!ann;ng%200nPA07-0314 The Bank Upgrade to Type 47 0099lanningSFiNAL COA-CUP doc EXH 5 - 0021 M Planning Department 3 The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application, The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 4. The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 6. The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to the modification of the business, a change in scope, emphasis, size or nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is in addition to, and not in -lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review and revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. 8. The permittee shall submit a minor modification application to be approved for any exterior changes made to the building, including any fencing or gates that may be constructed in the future. 9. This approval shall be used within two years of the approval date, otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 10. If commencement of the use has not occurred within two years of approval of this permit, the permittee may file an application at lest thirty days prior to expiration of the Conditional Use Permit, apply for up to 3 one-year extensions of time. Each extension of time shall be granted in one-year increments only. GAPIanning120071PA07.0314 The Bank Upgrade to Type 47 h l IanninglFINAI COXCUP doc EXH 5 - 0022 11. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.E.A.D.), or received training from any other program certified by the California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 1/3108). 12. An 8. " x 11" (or larger) sign listing local transportation service providers and corresponding telepho a numbers shall be posted at a conspicuous location within the building. Informati n to assist in the compilation of this sign may be obtained through the Temecula qp Valley Ch ber of Commerce (telephone number 951-676-5090). G �N`StA' Sz jt` 13. Re hour of operation shall be as follows: Monda rsday 11a.m. to 10 p.m., Friday 11 a.m. to aturday 8 a.m. to 11 unday 8 a.m. to 10 p.m. On holidays V� the facility sha cEose a a sale of alcoholic beverages shall cease at 10 p.m. Monday- s11ay and Sun he sale of alcohol shall cease at 11 p.m. on Fridays-e Satu days. (As amended ay~��ttes-klearing on 113108). 14. A separate building Hermit shall be obtained prior to the commencement of construction, tenant improvement oNother interior or exterior improvements requiring building permits. 15, All of the foregoing condifipns shall be complied with prior to occupancy or any use allowed by this permit. Fire Prevention 16. Final fire and life safety condition ill be addressed when building plans are reviewed by the Fire Prevention Bureau. The conditions will be based on occupancy, use, the California Building Code (CBC), Califo is Fire Code (CFC), and related codes which are in force at the time of building plan submit 1. 17. During remodeling and/or addition constructi in ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up Q their original design and performance specifications (CFC art.87 et al). \ 18. The applicant shall comply with the requirement of the Fire Code permit process and update any changes in the items and quantities app ved as part of their Fire Code permit. e These changes shall be submitted to the Fire Prevn 'on Bureau for review and approval per the Fire Code and is subject to inspection (CFC 10 19. Prior to issuance of building permit, any changes affectin the fire sprinkler system shall require a permit for the fire sprinkler system. Plans sh It be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plan must be submitted by the installing contractor to the Fire Prevention Bureau. 20. Prior to issuance of building permit, any changes affecting the fie alarm system shall require a permit for the fire alarm system Plans shall be submitted N the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitt d by the installing contractor to the Fire Prevention Bureau. If any cooking appliances ha been added and the hood extinguishing system is not tied into the fire alarm system; it will e required to do so. G:1P1enrnn9120tD71PA07-0314 The Bank Upgrade to Type 47 M1jiyv"fanningIRIVAL COA-CUP.doc EXH 5 - 0023 11. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L E.A.D.), or received training from any" other program certified by the California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 1/3/08). 12 An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (telephone number 951-676-5090). 13. Regular hours of operation shall be as follows Monday -Thursday l l a.m to 10 p.m , Friday 11 a.m. to 11 p.m., Saturday 8 a.m, to 11 p.m. and Sunday 8 a.m to 10 p.m. On holidays (including Cinco De Mayo) the facility shall be permitted to close at midnight. The sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday. The sale of alcohol shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. (As amended at Directors Hearing on 1/3/08). 14. A separate building permit shall be obtained prior to the commencement of construction, tenant improvement or other interior or exterior Improvements requiring building permits. 15. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Fire Prevention 16. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 17. During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up to their original design and performance specifications (CFC art 87 et al) 18 The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection (CFC 105). 19. Prior to issuance of building permit, any changes affecting the fire sprinkler system shall require a permit for the fire sprinkler system Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau, 20 Prior to issuance of building permit, any changes affecting the fire alarm system shall require a permit for the fire alarm system Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. If any cooking appliances have been added and G'1Ptanning52007%PA07-0314 The Bank Upgrade to Type 47 10001flannung%FINAL COA-CUP doc EXH 5 - 0024 Community Services Department 21. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul construction debris. 22. The Applicant shall comply with the Public Art Ordinance. Details of the ordinance can be located on the City's website at www.cityoftemecula.org; under Chapter 5.08 of the Municipal Code. 23. Prior to issuance of building permits, the developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Police Department 24. Applicant has applied for a Type 47 (on -sale general — eating place) through the Riverside District Office of Alcoholic Beverage Control. Authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises. Authorizes the sale of beer and wine for consumption on the licensed premises. Must operate and maintain the licensed premises as a bona fide eating place. Must make actual and substantial sales of meals, during the normal meal hours that they are open, at least five days a week. Normal mealtimes are 6:00 a.m. — 9:00 a.m., 11:00 a.m. — 2:00 p.m., and 6:00 p.m. — 9:00 p.m. Premises that are not open five days a week must serve meals on the days they are open. Minors are allowed on the premises. The applicant currently has a Type 41 (on -sale beer and wine). 25. Applicant will also comply with City Ordinance 97-07, (9.14,010 Temecula Municipal Code series). 26. Identification will be verified utilizing one of the following: a. A valid California driver's license b. A valid California identification card C. A valid military identification card (activelreserve/retired/dependent) d. A valid driver's license from any of the fifty States or Territories of the United States e. A valid U.S. Passport f. A valid government issued identification card issued by a Federal. State, County or City agency 27. As noted above, only a valid government issued identification card issued by a Federal, State, County or City (municipal) agency is acceptable, providing it complies with the below requirements (25660 Business and Profession Code): a. Name of person b. Date of birth C. Physical description d. Photograph e. Currently valid (not expired) GAPIann1ng=07W07-0314 The Bank Upgrade to Type 47 � lanninglFINAL COA-CUP.doc EXH 5 - 0025 28. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and Identification checks. For this reason, the Temecula Police Department has imposed a mandatory training for all employees involved in the service and sales of alcoholic beverages. Also, the Temecula Police Department conducts an Alcohol Review Board for all new businesses with a Type 47 license. Contact the Temecula Police Crime Prevention and Plans Officer at (951) 695-2773 to set up a training date. An Alcohol Review Board has been scheduled for Wednesday, December 12, 2007 at 10:00 a.m, at the Police Mall office. Training and review board must be completed prior to the usage of the Type 47 license. Applicant will ensure all new employees/management personnel are trained in the use and service of alcoholic beverages. All alcohol training is provided free of charge by the Temecula Police Department. 29. Miscellaneous: a. After Hours: Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B&P code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00am). (Section 25632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter than the law. Those licenses are marked "Conditional." (23805 B&P). b. Authority of Peace Officers/Refusing Inspection: Police officers, sheriffs deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer. (Sections 25616, 25753, and 25755 B&P; 148 and 241(b) PC). C. Disorderly House: Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc., and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises include the parking lot. (Section 25601 B&P; 316 PC). d. Entertainers and Conduct: On -sale licensees who offer entertainment must abide by the following rules: (1) No licensee shall permit any person to perform acts of or acts which simulate: (a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law. (b) The touching, caressing or fondling on the breast, buttocks, anus or genitals. (c) The displaying of the pubic hair, anus, vulva or genitals. (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus. (Rule 143.3 CCR. Also violates sections 311.6 PC if conduct is "obscene," e.g., intercourse, sodomy, masturbation, etc.) G:1Planning 20MPA07-0314 The Bank Upgrade to Type 47 tyfiinbil(anning\FINAL COA-CUP.doc EXH 5 - 0026 e. Alcohol Review Board: A review board will convene with the applicant on Wednesday, December 12, 2007 at 10.00 a.m. at the Police Mail Storefront conference room. Final recommendations to ABC Riverside will be forwarded under separate cover. G.1Plannmg%2007WA07.0314 The Sank Upgrade to Type 47J n"lanninglFINAL COA-CUP doe EXH 5 - 0027 EXHIBIT 6 0095 EXH 6 - 0028 11086-0773\2711254v1.doc 2 PROJECT' CLASSIFICATION PAN -- DEVY PR1N_^ LDCH Project Title. City of Temecufa 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 (951) 694-6400 FAX (951) 694-6477 MINOR MODIFICATION APPLICATION (Development Plans & Conditional Use Permits) PROJECT INFORMATION (INCOMPLETE APPLICATIONS CANNOT BE ACCEPTED) Project Description/Use:G�cxRiT _ �ca20► CS Assessor's Parcel No(s): Legal Description (Tract, lot no.): Street Address (es General Location: Total Building Square Footage. Zoning: Gross Acreage. Related Cases: Document 1 ADDITIONAL PROJECT INFORMATION �Z,6 r-l—V t UA) 1 General Plan: CCU ©r11wft1 w—!, 2 0096 11t$ h S-e, EXH 6 - 0029 APPLICANTIREPRESENTATIVE/OWNER INFORMATION APPLICANT/REPRESENTATIVE CONTACT aO�,TLAST FIRmi. PHONE NO. q I " O �' ��Ll" FAX NO. S I, ` J o " b(v ,3 �- ADDRESS ,:D�'�R c;,` S OLD -TOW tJ --Tej)V—CyU"- 9,590 STREET __ CITY STATE ZIP E-MAIL a 1 a L C^^at a; ul qr\-ez com PROPERTY OWNER FIRST PHONENO. o?n' 59 (�" L41 ADDRES STREET E-MAIL c mi. FAX NO. -l?i21A� STATE ZIP I certify that all filing requirements have been satisfied for my application. I further understand that an incomplete application cannot be accepted for processing. Applicant's Signature Date: l o - r� - or I certify, under the penalty of the laws of the State of California that I am the property owner of the property that is the subject matter of this application and I am authorizing to and hereby do consent to the filing of this application and acknowledge that the final approval by the City of Temecula, if any, may result in restrictions, limitations and construction obligations being imposed on this real property. y Owner/Authorized Agent Signature: nazx� 0( Date: Ib — q—O� Print Name 1\460eeF� Written authorization from the legal property owner is required. An authorized agent for the owner must attach a notarized letter of authorization from the legal property owner. Documeni 1 111114h EXH 6 - 0030 EXHIBIT 7 EXH 7 - 0031 1 1086-0773\2711254vl.doc MAN,H09/m" Planning Department 43200 Business Park Drive - Temecula, CA 92590 - Mailing Address- P.O. Box 9033 - Temecula, CA 92589-9033 (951) 694-6400 - FAX (951) 694.6477 October 15, 2008 The Bank of Mexican Food 28645 Old Town Front Street Temecula, CA 92590 SUBJECT: Planning Application No. PA08-0236, a Minor Modification to an approved Minor Conditional Use Permit (PA07-0314) to extend the hours of operation for the sale, service and consumption of alcohol associated with a previously approved Type47 ABC license for The Bank of Mexican Food Restaurant Dear Mr. Puma: On October 9, 2008 the City of Temecula Planning Department approved the above referenced project subject to the following Findings and enclosed Final Conditions of Approval. FINDINGS Minor Modification to an approved Conditional Use Permit — 17.04.010.J 1. The proposed use is in conformance with the general plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposed modification to the use is consistent with the specific policies and goals outlined in the City's General Plan that are to be implemented within the Old Town area. The proposal to extend the hours of operation for the previously approved Type 47 license (on -sale general — eating place) for an existing restaurant, The Bank of Mexican Food, is consistent with goals and polices reflected in the Old Town Specific Plan. The proposed modification to the hours of alcohol sales is also consistent with the goals and policies of the underlying General Plan Land Use Designation (Community Commercial), contained within the General Plan. The General Plan states that the Old Town area should be utilized to promote tourism and related activities within the City. The Old Town Specific Plan indicates that Old Town should be developed to provide local and tourist oriented retail services and promote existing development and uses that add to the 'thematic" ambiance of the Old Town area. The proposed project is anticipated to enhance the vibrancy in the Old Town area and the extended hours for alcohol service are consistent with the provisions of state law. 2. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The Bank of Mexican Food currently exists on -site and currently holds a Type-47 ABC license. When the property was developed it was determined that the site was adequate in size and shape to accommodate the building and all required development features. It has been determined that the project is consistent with the Development Code and Old Town Specific G 1PLANNINGt2008\PA08-0236 dank of Mexico Minor MOD\r;la?fthPROVAL LETTER ADMINISTRATIVE doc EXH 7 - 0032 determined that the project is consistent with the Development Code and Old Town Specific Plan requirements, as related to the requested ABC license hour extension to allow for alcoholic service as consistent with state law. No exterior changes are being proposed as a part of this planning application. The only change being proposed is related to the use and authorization for this existing restaurant to serve beer and wine, along with distilled spirits for extended hours, as consistent with state law. In addition, the City Police Department has reviewed the proposed minor modification to extend the hours of operation to be consistent with state law, and are supportive of this request. Please review and sign the enclosed Acceptance of Conditions of Approval and return the document to the Planning Department within 48 hours of receipt of this letter. Anyone dissatisfied with this decision or the Conditions of Approval may appeal it within 15 calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed. This approval is effective until October 9, 2010 unless extended in accordance with the Development Code. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date. It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 694-6400 or by email at your katie. Iecomte(Qcityoftemecula.orq. Sincerely, Katie Innes Assistant Planner Kl/ks Enclosures: Final Conditions of Approval Acceptance of Conditions of Approval cc: Angela Reveles (approval letter and Final Conditions of Approval) Department of Alcoholic Beverage Control 3737 Main Street, Suite 900 Riverside, CA 92501 GIPLANNINGQ00MPA08-0236 Bank of MexiM gL&WD\PIanninglAPPROVAL LETTER ADMINISTRATIVE doc EXH 7 - 0033 EXHIBIT A FINAL CONDITIONS OF APPROVAL SCANNED: G DROVE: PERMITS PLUS: BNITIALS: PLANNER: 0101 EXH 7 - 0034 ACCEPTANCE OF COMMONS OF APPROVAL I, Craig Puma understand that Planning Application No. PA08-0236 has been approved with Conditions of Approval which are set forth in Exhibit A. I. have read`the Conditions of Approval and understand them. Through signing this ACCEPTANCE OF CONDITIONS OF APPROVAL, I agree and commit to the City of Temecula that I will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions SIGNATURE 0102 DATE EXH 7 - 0035 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA08-0236 Project Description: A Minor Modification to an approved Minor Conditional.U*se Permit (PA07-0314), to extend the hours of operation for the sale, service and consumption of alcohol associated with a previsouly approved Type-47 ABC license for The Bank of Mexican Food, located at 28645 Old Town Front Street. Assessor's Parcel No.: 922-036-011 MSHCP Category: NIA DIF Category: N/A TUMF Category: NIA Approval Date: . October 9, 2008 Expiration Date: October 9, 2010 PLANNING DEPARTMENT Within 48 fours of the Approval of This Project PL-1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty -Four Dollars ($64 00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062 If within said 48-hour period the applicant/ developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711 4(c)) PL-2 The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department General Requirements PL-3 . The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the 0103 EXH 7 - 0036 City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application The City small be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents.' City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense PL-4 The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval. PL-5 This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL-6 The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to- review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances Changed circumstances,include, but are not limited to the modification of the business, a change in scope, emphasis, size or nature of the business, andthe expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is in addition to, and not in - lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review and revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. PL-7 The permittee shall obtain City approval for any modifications or revisions to the approval of this. Conditional Use Permit. PL-8. The permittee shall submit a minor modification application to be approved for any exterior changes made to the building, including any fencing of gates that may be constructed in the future. PL-9 This approval shall be used within .two years of the approval date, otherwise, it shall become null' and void, By use is meant the beginning of substantial construction contemplated by this approval within the two-year period, which'is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL-10 If commencement of the use has not occurred within two years of approval of this permit, the permittee may file an application at lest thirty days prior to expirat;on of the Conditional Use Permit, apply for up to 3 one-year extensions of time Each extension of time shall be granted in one-year increments only. PL-11 Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L E A.D ), or received training from any other program certified by 0104 EXH 7 - 0037 the California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 1/3/08) 1 PL-12. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (telephone number 951-676-5090). PL-13. Regular hours of operation shalr be as follows. Monday -Thursday 11 a.m. to 10 p m., Friday 11 a.m to 11 p m., Saturday 8 a m. to 11 p m and Sunday 8 a m. to 10 p m PL-14. In the case that the restaurant manager would like to stay open past the regular hours. of operation (stated above) he/she maybe permitted. to stay open until 2:00 a.m When this occurs, alcoholicbeverages may be served until 2:00 a..m. as consistent with the provisions of California State Law. .. PL-15 "Last call' for alcohol service shall occur at 1:30 a m. as consistent with California State Law PL-16. A separate building permit shall be obtained prior to the commencement of construction,,tenant improvement or other interior or exterior improvements requiring building permits PL-17 All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. PL-18. All previous conditions of approval issued by the Fire Prevention Bureau, Community Service Department and Police Department, for PA07-0314 shall still apply and shall be complied with, in conjunction with the conditions set forth above. 0105 EXH 7 - 0038 EXHIBIT 8 0106 EXH 8 - 0039 11086-0773\2711254v1.doc PROJECT CLASSYFrcAI r N PA# / C>tz� I DEv# PRJ# LDC4 r 0 City of Temecufiz 41000 Main Street P.O. Box 9033 Temecula, California 92589-9033 PHONE: (951) 694-6400 FAX: (951) 694-6477 www.cityoftemecula.org 1j7 PERMIT APPLICATION Date Stamp RECEIVE / ee(-"O� fi n'r E Application Type (Check One): . 4�� ❑ Major CUP ❑ Minor CUP F-VP ❑ Minor TUP r�❑ Special Event Project Title: I ti- Os C- tA i — [ ^ti -E!)-."� L. pr- I ,sessor's Parcel No(s): �Z ��� l L Street Address (es): .28�?+5 OL-JD 'TC7,-I'07- S i General Location: cc--�.' IF- P? a r t Q N• i L� tAoc' t ram,) General Description of Projector Event: A-P D , -n o Q G t w1 , ll r--� F" in --- 'bbiTIONAL-RROJECT IN QRMA'FItON �3. ,y; ` �'� �..� a.���'"t� .S* Say {�.u ;.,: f. �• t J --:J� Date(s) of Proposed Event: t.:Q ? y' IF Estimated Daily Attendance of Event (if applicable): Hours of Operation: I i \11`} ---- ' ALm Number of On -Site Parking Spaces at Project Location: r\o 1'� F,:: -- Will food or alcohol be served? If yes, explain: -K-3L7-Vq ON tc,,C 1E; i -C--�- D '"fOIE�- F-1 R- J v tr �6-0 �; �P'c V�G u�- �o NApplications 20111Conditional or Temporary Use Permit 2011.doc C EXH 8 - 0040 From.2505986402 Page7111 Date: 2/27/2012 3:51.57 PM i APPLICANT/REPRESENTATIVEIOWNER INFORMATION i mc.�ra�eai=�.,r_rr. �� a• aeaaaoaeyeat---'—.-cov-.= �z-�--__. . _ �.� . APPt.iCANY1REPRESt=?lTA7IVE L-{ roc CONTACT _• i S, l i1!� /� �r C► t Sj PHO IE NO. 9S ( - c%05 ' 1 J FAX NO. LAST ADDRESS � Li "J _ �- �J '�L?W �i �O f 1C) ra L�� `l -1510 sra� rr " 1 certify that all filing requirements have been satisfied for my application. I further understand that an incamplete application cannot be accepted for processing. Applicant's Signature._-', Dater AFIOAER f YOWNER (C.>� t /A �r�uT2.��.rr� PHONE NO. ���� ' �J ifjcj f� FAX NO. 2S" 'v-`j F _ 6 q� -�--- ADORESS E-MAIL,__- Q!rvner C?rtifit�fiQh lJ i certify under the penalty of the laws of the State of California that i am the property owner of the property that is the stibJect matter of tl?)s application and I am aut1wizir g to and hereby do consent to the filing Of this application and acknowledge that the final approval by the City of Temecula , i property. f any, may result In restrictions, limitations and construction obligations teeing irnposeq on this teat Owner,Authorized Agent Signature:wt-,(.A ) f pate. Print !lame: V`tii Q � L !_C ETA -- .... _ _ —._ rWritten avtnorizatton frorra the legal propQ3ty owner Is requlred. An authorized agent for the owner must attach a notarizecE letter of authorizationtrorn thelegal property owner, 1 1: EXH 8 - 0041 APPLICANT/REPRESENTATIVE/OWNER INFORMATION APPLiCANT1REPRESENTATIVEI-JFXtcAO rip CONTACT �Z4NAA (2QAk6- S LAST FIRST it1 PHONENO. ( 5\ 2�3' I�- l�j FAX NO. 0151 - Co (p - CD�J3� ADDRESS- b45 O LP-rowitJ 5:sQ0T S i , —Mmamt A , CA 9 59 O STREET CITY STATE ZIP E-MAIL PIAIAANII(2-- Gn)A L- IOYYI I certify that all filing requirements have been satisfied for my application. I further understand that an incomplete application cannot be accepted for processing. Applicant's Signature ""'� Date: P-- PROPERTY OWNER LAST FIRST MI. PHONE NO. 26 O - S9 3 - 614 r 5 FAX NO. 2.570 - 57q 8 - 6 402-- p Ave U is-WZ1� CITY STATE c-MAIL U.��RPP(ZD� S S1lAyJ • C1� Owner Certification S-I'T3 ❑ I certify under the penalty of the laws of the State of California that I am the property owner of the property that is the subject matter of this application and I am authoTlzing to and hereby do consent to the filing of this application and acknowledge that the final approval by the City of Temecula, if any, may result in restrictions, limitations and construction obligations being imposed on this real property. Owner/Authorized Agent Signature: Print Name: Date: Written authorization from the legal property owner Is required. An authorized agent for the owner must attach a notarized letter of authorization from the legal property owner. AAAppliradons 2011\Condidonal or Temporary Use Permi1201 t.doc 01409 EXH 8 - 0042 EXHIBIT 9 0110 EXH 9 - 0043 11086-0773\2711254v1.doc city of Temecula Community Development 41000 Main Street ■ Temecula, CA 92590 Mailing Address* P.O. Box 9033 ■ Temecula, CA 92589-9033 Phone (9511 694-6400 • Fax 1951) 694-6477 ■ www.cityoftemecula.org February 28, 2012 Mr. Craig Puma The Bank of Mexican Food 28645 Old Town Front Street Temecula, CA 92590 SUBJECT: Planning Application No. PA12-0041, A Minor Modification to a Conditional Use Permit (PA07-0314) for a Type-47 ABC license (on -sale general) to allow for dinner entertainment for the purpose of providing background music at an existing restaurant, The Bank of Mexican Food, located at 28645 Old Town Front Street. Dear Mr. Puma: On February 28, 2012 the City of Temecula Planning Department approved the above referenced project. Anyone dissatisfied with this decision may appeal it within 15 calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed. This approval is effective until February 28, 2012 unless extended in accordance with the Development Code. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date. It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 506-5159 or by email at stuart.fisk cit oftemecla.or . Sincerely, Xuartsk, AICP Senior Planner Enclosures: Conditions of Approval 0111 ® P•inceo on Recyc:R3RPfgNNING120121PA12-0041 Bank of Mexican Food MOMPlannmg\APPROVAL LTR doc EXH 9 - 0044 AVA EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA12-0041 - Project Descrlptiotr: A Minor Modification to:a-Corrditional Use+Permit, (PA07- 0314) for a Type-47-'ABC 'license. (ori-sale general) to . " allow. for dinner ,en e"' frimetii—Jor= .the purpose' of providing backgrbund�rnusic at an eXis ing "restaurant, ': � °' t »e The Bank,olF McXican` Food °!located at Zti64`a''l�ld Town a i Frohf Stree# €, Asseasor'"s=,Parcef No. 922=036�0 i'i �'` ' ° �' ' MSNt✓P C,ategoty: ` N/b: € ;: D1Fate oM - N! - •-TUMF CategofjT: iiV%A ;`, _ ` .z •Approv,al, Date-,' Fet ritary 28 201 Expiratidii L}a{e Feliruary•28,�20�j4';:`. °` ANN NG;DEPARTI '4 GetreirJ$RecjnJremerrts:., .. k . ;, D`art € :•,; ne'a !cant, d ow er•"of. he rea roe agree to. PP n . t l-o I? 7tysubjecttgthts�condtftorr,sJ aq'tiereby f ind trrnliy protec(, hold ate'nIes's;nand rlefei i the C"tty.witf� t'egai Counsel ijf the CtY%� ciwn° • .. • selection fiorri ariy and all claims;,actions, awar6s�„judgrrfer�ts; oijjioceedirt s:against tJie. _. Cttyto attack•,wset aside , annul;•or seek_marlefafy damages;resultirjgx cireatty=ot indirectly, from -any ac#ion `in furtt eran'ceof acid ttie= ep?rovaT City,-,6f%an' agency of jof°the i )strumentality�tfiereof, adyiso ,agency; appealpbc�ard orieg stati�abody�including:actions f' approved by'thevotes.of.'fhe City; concemingthPlanning�pplicatton.4_Ttie:Cty.shail.be ' deemedfor purposes of this condition, fo inelude=any agency oE]nstrdmentality thereof, or any,pf its elected or appointed officials; officers, employees;' consultants; contractors, legal counsel,`and agents. City shall promptly'notify both the applicant.and. landowner of any claim, action, or proceeding to which this condition is -applicable and shall further cooperate •fully in the defense of the action. The City reserves -the right'to take any and all action the City'deems to be in the best interest of the City and its citizens in regards to such defense. 2. The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval. 3. This Conditional Use Permit may be revoked pursuant to Section 17.03:080 of the City's Development Code, G:�PLANNING\2012tPA12-0041 Bank of Mexican Food MOD�1�n�h�FINAI COA-CUP.doc 1 EXH 9 - 0045 4. The City, and its Planning Director, Planning. Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to the modificatldr'of the business, a change in scope, emphasis, size or nature of the business; and the expansion, alteration, reconfiguration or change of•; use. The' reservation of right fo=reviewany 'Conditiopal Use Permit granted or approved or conditionally approved hereunder by.the'Cify, ifs Planning Director, Planning Commission, and City Councll,is iri'addition to, and riot in -lieu of; the�right of the City, its Planning Director, g: Planning Commission, and'City CouneWto review and revoke ormodify any Conditional Use Permit approved, or conditionally:approyed#iiereun'd'er for any violations of the conditions imposed on such Conditionaj Use Permit or for,the' maintenance of any nuisance condition or other code. wolatiori,theieori 7 ° ' zr 5., The permitt e shall opfatt a�# iapproval for ariy.W(jd ffrtatwh`s•orrevisicns tc therapprovat of .this Cindltioraal Use l'eIt - A '. 6. Thetpermlttee st all.submifa mir ormodification*appl�cat,o-mto be app>oved fo'r any extenor. changes made to tfae ljulltling, �ncluding;anyfe`1 c�69.0r gates that inay be coris'tructed ,in the future. P ?. "ibis approtiial shalibe used:withilj.two years�of the aprvat datel.otherwise; it shall become ,useehgstrliaicstruciion conterriplated'by ,null and void, is, mt'& ran loy%e2rpenoe twwhih isthereerdtompletionthisappfova:vfye, or theFl;eginning of sub�tial utilization"contemplated: by. this approval '8. If coMmeneement of the use hds-h6t".,66c6rred-within'f4, ears°of approval of this permit, the i permittee m6yWI; an applicati©n at legit thirty clays pririr to.e�cpiration of the'Conditional Use Permit, apply for jup: io' 3.prie=yeah e�ttensions df timeR Eaeh*,eXtensJ n of time shall. be: graritati in one iparA'ipp!emenis dn1y _ ..t j .. . -Y. 9.. indoor din'ner.entertainrQentconi st1n6 of one ceyboat`d or,other instrUment played.witfi:one 'vocalist.for ,ttie. pul'po�se`o • providin background r�iu'sjc°: permitt6d 'daily. from noon until 1000pmt gx �` 10. Prior to an etrploye-e selling alcohol from this facilltj ,`the alcohol licensee or employer for the facility.stiall;irns&ihatifae erraployee tias received,`'Ltce �see'Edr�cafion on Alcohol and Drl.,igs i� E.A:p.}1a receivedtraln�rili'g.f. I . I ally other p`rogr m certifeci by the California D`epartnient of Alcoholic Braverage.�Control.: {As amended at Director's Hearing on 5 11. An 8.5"x 1 V" (br larger) sign listing locallransportation,service'providers and corresponding, telephone numbers shalfbe posted at a conspicuous location within the building. Information to assist in the compilation ofJhis sign:rmy be obtained• through the Temecula Valley Chamber of Comfnerce (telephone number 951-676-5090). 12. Regular hours of operation shall be as follows: Monday -Thursday l l a.m. to 10 p.m., Friday 11 a.m. to 11 p.m., Saturday 8 a.ni. to 11 p.m. and Sunday 8 a.m. to 10 p.m. On holidays (including Cinco De Mayo) the facility. shall be permitted to close at midnight The sale of alcoholic beverages shall cease at 10 p.m. Monday Thursday and Sunday. The sale of alcohol shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. (As amended at Directors Hearing on 113/08). G.NPLANNINGt2012\PA12-0041 Bank of Mexican Food MC044143FINAL COA-CUP.doc 2 EXH 9 - 0046 13. A separate building permit shall be obtained prior to the commencement of construction, tenant improvement or other interior or exterior improvements requiring building pen -nits. 14. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. FIRE PREVENTION General Requirements } 15. Final fire and life safey conditions will be addressed when building plans are reviewed by the, Fire, Prevention Bureau. These conditions will be based on occupancy, uss, the - Calffecnia'8u11d n &Code BC), Califomia Fire Code (CFC), and related codes whicli are'lri,, force at.tlfe, tim;~ of buildlrig plan submittal. ,• 'ib. During ier?�odelmg and/or'addition construction ALL FIRE and LIFE SAFETY SYSTEMS'wiil; be_ cCtaintaOed Jh "working- order and up to their original design and performance. i4; - . �'specfca#ions•�CFC art $i`LLet al): - . , 17. The applic4nt shellcbtnply with-the'requirements of the Fire Code permit process and` :update anythanges`in.the"terns and'guantities apprti`ved as pM of their Fire.Code.pemi . . E. These cl ari lies shah be'subtnit#ed to #fi`e Fire' Prevention Bureau for rev dve andappro°val,pert the' FireCades andis subject to: inspection (CF.0 105). 18: Prior to•issuance--d 4uilding-pertnit, any changes affecting -the file%Sprinktef.sy_steriikgfiafia ` N tLqufre:a`perm' it f6-rth'e fire;spnnkie6,system. Plans shall be submitted to the Fire Prevention° ` t Bureau fora roiral. Three sets of"kle� plans 'must,'be,submitted by°#he'installing v pp , . , contras or to;tfii Fira•P_reveritibn bureau., '19:. Pr ofifci Issuance of building permit, any changes affecting the fire'alarrpsysieri sh`ail require a permit for the.fire alarm Isystem. Plans shalt be submitted to the Fire Prevention burepu fb' . approval ' Three=sets,.of-`alarm•plans, must be. submitted by: tlie, installing cQn"tractor tci jhi ' Fire OrevP t on Bureau. ' .If any cooking appliances have been. added and, the,'hood.'• i extlr3g[ ishirag 'syst6mis not tied into the tire alarm system, i# will �be required #o;do so. COMMUNITY SERVICES DEPARTMENT GeperalrRequ rements 20. The developer shall contact the City's franchised solid waste hauler for disposal of constructiori'and demolition debris. Only the City's franchisee may haul construction debris. 21. The Applicant shall comply with the Public Art Ordinance. Details of the ordinance can be located on the City's website at www.cityoftemecula.org-, under Chapter 5.08 of the Municipal Code. 22. Prior to issuance of building permits, the developer shall provide TCSD verification of arrangements made with the Cit}rs franchise solid waste hauler for disposal of construction and demolition debris. GAPLANNINGU0121PA12-0041 Bank of Mexican Food MODS't-14NAL COA-CUP.doc 3 EXH 9 - 0047 POLICE DEPARTMENT General Requirements 23. Applicant has applied for a Type 47 (on -sale general — eating place) through the Riverside District Office of Alcoholic Beverage Control. Authorizes the sale of beet,.wine and distilled spirits for consumption on the licensed premises. Authorizes the sale of beer acid wine for consumption on the licensed premises. Must operate and maintain the licensed premises, k as a•bona fide eating place. Must make actual arid. sub`stafntial.~sales bf meals, during the' normal meal hours that they are open, at least tine, days a week: Normal mealtimes ate 6:00 a.m. — 9:60 a.m., 11:00 a.m. — 2:00 p.m., and 6:00: p:'m, - 9:b0.'0.m. Prerrilses that ar•e not g`00 five'days a*eek,Must serve meals on the da�s.theyafe open: lininors.are' allowed ore" t :tote premises`. The applicant currently has a Type 41; (od :sale beer'a`rldawii�e). ' licant Willalso. I with City Ordinance•9 ,-07s, (9 i' fid et ecu ' • '`` •• �° PP comply ty 7 ,�( d:- T" m �e Mun�clpal.Code• t 25. :Identification will be..venfied utilizing one of the;f61`6wing �•.T;. .'a. A.valid Califomla driver's license, kvalid C,alifomia identification card c, A valid military identif cation .6bfd: (active/rr serve/retired/depend'en#) d. •A valid driver's license from�any of he°fifty States qe Territoi es -of,,the t:)ttited-States A valrad"U.S. Passport r , rr f: A validg govemmenYissutrl `tden#lilt �atlorttli'su_d}kzy e !'edai,�tate, Gotr�itXor "City agency, As:•noted above', only a.valid govemment?issued tdenfificbtitirl earl' iss red bra i=ederal;` State, County or City (mu agency is a`cc4ptabie, pxo —d! it,corr�plies with the f;elpW ' re wire P' R q ments(25660Busiriessand`P'rofessio>'iCode'.): °i .. a. ' game ofgperson b. Date of birth C. Physical�description K' d. Photograph ; ` e. Currently valid (not expired) 27. Applicant will ensure all employees involvedwith the sales; service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. For this reason, the Temecula Police Department has imposed a mandatory training for all employees involved in "the servide' and sales of alcoholic beverages. Also, the Temecula Police Department conducts an Alcohol Review Board for all new businesses with a Type 47 license. Contact the Temecula Police Crime Prevention and Plans Officer at (951) 695-2773 to set up a training date. An Alcohol Review Board has been scheduled for Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mall office. Training and review board must be completed prior to the usage of the Type 47 license. Applicant will ensure all new employees/management personnel are trained in the use and service of alcoholic beverages. All alcohol training is provided free of charge by the Temecula Police Department. G:TLANNINGt2012TA12-0041 Bank of Mexican Food M0i"In&1NAL COA-CUP.doc 4 EXH 9 - 0048 M 28. Miscellaneous: a. After Hours: Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6.00 a.m. (Section 25631 B&P code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of. the same day (eiven If someone bought the drinks bbfore 2:00am). (Section 25632, B&P). Some ABC licenses have special conditions (restrictions) as to hours bf sale that are stricter than the law. Those licenses are marked "Conditiongil." (23805 S&P). b. Authority of Peace- Officers/Refusing inspection:. Police officers,, sheriffs deputies and ABC. inyesfl6for6i, are'SW6'rn enfor'beiment officers (peace officers),w'M t. Obwers of ti&bk, Whbther4n. plair)616t�s,qr,unlf6rm, peace offlpert havb the Iqal Nd lhiOedaO s� s right- to VW6 Ylldpns--�ed�P're"'Mis6§--iftati�'tit-6',�-dudng.busines houi' wittioa fra"fit'of.prob6b '"6ts,'saf6#, kitchen, oTany.othe�' At? area withitjithe 116*W pre I I and rebior6b)e, -Aji6r licepsees tb exclude 0e�'publlqlrorrvsome.oieq I 0s. Hdwbier, lio ensees cannot and mbst s. 'H606h 10' n "tb--t if-C8, -6r.a ult (Sections #.peace MIL (Sect] 8�,a 1 C). C. UtsoMe4-y-'H6iise::,�tlibeosi66i May riot' permit Weir llceris6d premises to become a let 160d iii6ilc, loitering, litte ng,*vandallsiri, urinatjorj or Mecatidn ffifflAo :4w zibl has Yiia6v ongoing C&n�k,� lnqitiA such nez- fjrrjn c Z I Tfip lid6irij�"6d­`p'rerfilses intrude the' K4.rotf&A nbTco, e c. 316,PC),;,- parklrgplot 601 SO, d.ntertainat`adririt;,Cfn(e licensees wed offer entertainment must abide b"f . 'Uld$ ojnsee� permit 6ny,�perso'ri t pbrform q the f6llbWlnij�'r )'�tjJU J19 -sh6lF 4 �001,rse; ma�>turbatlbn, sbddmyi Cts-, of or )"HM6 c I dw, (6)-JhV opu16tIqn;,,,!l0g 1101 -acts, WM�6-"cp prof �y 66ft6cks`,-'Alf�'O�"genital' Yhe to4qh1rig, -c6-tesp1,nq von'the' brdasl�- s (c): d s-61avind6f fta q?, enffn 04 nmvi4E1r%Y1-z of =sW5dM 16n ik;O�is a 6XWV1Uttodks- a rb expos�qd to fi � ' Aa: vl'eW-s;hAV,P;"b . stage atieaiii,�i'gin'dtC�s'&66v,P'ihelinrried!4tefl6.or . F-1, $- hV 8Vdial:14W, 'trb If` "' nsee, shall 'Iem It Iev6laWr0Tn! ldast�s3k, 'om the nearest pa on,. N ice ,any pefs8ii"f6 remain in �r upqri: t h6 iicens6d premises who exposes to public view any portion of his )Rfher e'h'JtWs,-qranus, (RuI6,14�.3,G-R. Moviolates -sections e Intercourse', sodomy, masturbation, etc.) 's66he", e. Alcohol Review Board: A review board Will convene with the applicant on Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mail Storefront conference room. Final recommendations to ABC Riverside will be forwarded under separate cover. GAPLANNING\2012NPA12-0041 Bank of MeAcan Food MOd"46NALCOA-CURdc 5 EXH 9 - 0049 EXHIBIT 10 0117 EXH 10 - 0050 1 1086-0773\2711254vl.doc tA CITY OF TEMECULA (951) 3024144 CODE ENFORCEMENT DIVISION NOTICE OF VIOLATION ADMINISTRATION CITATION CASE No.. ---. 5879 1*1 200 3rd PENALTY PERALTV PENALTY MUNICIPAL CODE VIOLATION $60.00 W0.00 $260.00 2 tmC&I24x-0 W . ........... ....... . . ........ . ........ ...... . ....... . . . . ..... 4;;"". iii�TqM. WVAYW. rk.Q. PAZAADM-5 VEGETAIRM . . .. . ...... . . ... .. . ........... . .. .... ............ ±-E ............................................... . .. . ................. . ..... . .. . ....... ... . ..... ................. . . ....... . Wsm. . . ....... . ..... — .. . . . ..... . . ...... ......... . . . . .. ....... . ....... . . .. . ..... . ...... .... ......... . . ........... AR ................. ......... .. 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Ist 2nd Jtd PENALTY PENALTY PENALTY MUNICIPAL CODEVIOLATION $50.00 V110,00 $260.00 See Reverse Side, of Citation for Further Instructions 0119 EXH 10 - 0052 CITY OF TEMECULA (951) 302-4144 CODE ENFORCEMENT DIVISION NOTICE OF VIOLATION ADMINISTRATION CITATION CASE Na......................._...__.....»`.....-........ PENALTY PENALTY PENALTY MUNICIPAL. CODE VIOLATION W.44 8140.00 $,85O.00 t ........ TME. S.Qi... ......................................._........,......_............__............»......................... ........... fRLSUtESS IlCEt EREOUIREO ....... ............................... ....... ...._.._...» 2 . Twmll $.i2-m(d ........................ ORRFfM 3 TL#: $.Tt.tl24 iN! {%«.ffEEAYEtl. a FIfR, 8.t2.fft4IICS 'ERi, 6ERR1S. €TG. ........ S TNc 8.T2024 (N! OOMNFAfdAI. 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OF±�IC'IAL" 9it::NA'(Lti)E:; �, a as,pypg Ftcvt?rsL SId6, atio of Citn far Furtf)'er Instructions 0122 EXH 10 - 0055 CITY OF TEMECULA 951 302-4144 CODE ENFORCEMENT DIVISION NOTICE OF VIOLATION 58,13 ADMINISTRATION CITATION CASE No. Ut 2nd 314 PENALTY PENALTY PFNALTV MUNICIPAL CODE VIOLAVON M.00 Wom $M.00 See Reverse Side of Citation for Further Instructions 0123 EXH 10 - 0056 CITY OF TEMECULA (961) 302 044 CODE ENFORCEMENT DIVISION NOTICE OF VIOLATION ADMINISTRATION CITATION CASE No . .............. ............ . ... .... W 2.d 3,d PENALTY PENALTY PENALTY See Reverse Side of Citation for Further Instructions 0124 EXH 10 - 0057 CITY OF TEMECULA (951) 302-4144 CODE ENFORCEMENT DIVISION NOTICE OF VIOLATION 1" Cl '-' I" tad Nd PENALTY KNALTV KNALSY MUNICIPAL CODE VIOLATION 5.50.00 sisobo $250.00 Sep Reverse Side of Citation for Further instructions 0125 EXH 10 - 0058 CITY OF TEMECULA CODE ENFORCEMENT DIVISION �t��9) �o2-(�aa NOTICE OF VIOLATION `� 9 i ADMINISTRATION CITATION CASE. No.- ..._.._ PENAL.7Y PENALTY PENALTY MUNICIPAL CODE VIOLATION 450.00 slW100 MO.00 .......... _...................................................................._.................._ _--._.......,._...... ......_ - --------- ...., i S.OS.ti:O 8ll51NF.S>tlCkN.V.•iN,.CNli8Et1 •,•�,�,..........� c^. YA3C 8.3E.(I2C to Cif1Aom .............._..................................,_,............................._..............................................._............................,......................................_......__.. ........ 3 ihiCi R.32.Q20 jitl (YdE4ifi,Rt3�NN, iRCRYttt. REAtl, IiAIA$i)6U5 .$z"s£PAml A j YA3C0. 12.0N3 (Kt YSi45t1, REBW?S, ETC. S ;TAA; A::7.071);Vi "OFttt�i':RC?h(..... LEWtifs"d43ENP.Ai YC1:'f£. ,r hh872d28'" EiB.a.E.A%YnaR?NSb9iSttlfl� z 1hr 3.3un(w) ilfB milff(m .U;AEl' ....._.........�._....-.-... _................ ___..................................... .............................. .. 0 C A22p) ENmokCAENr ..Iwi F+ B. 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INFO: I' BUSINESS OWNER (3BUSINESS OWNER LOCATION OF OCCURRENCE, CORRECT VIOLATIONS • �e i� � BY: � Fd>r � VEHICLE MAKE i MODEL: TE_..._............._ PIAt VIN: tst tad 3rd PENALTY PENALTY PENALTY MUNICIPAL CODE VIOLATION MAO 515O.00 r1m.80 t 2 3 TGS.#tkltl TN�8.77.020 (f, 1Tfh;@t1020 Eei �,»»_. f)tiSiNES [k.RF.GUK'.F.0 TiPAfTTTi OVENGR{%VN,TCAYE(t, 17EAU, IiAXAROVUf3 VEOETATWN ...»....... ... - ........... _ ........._...... TMC, 8.72 0201Ks T'RASN, USNNfS, ETC. 5 Tk $.42,020(N} COWAIERCiA?. irifilC.IN R£SIUfiNRA XI7NE G YtAC 8.4:A20 iR} VEfiiCLE REPa1Waf5fha€tTLfNfi Y TMC0.72.020(tYp ONtiEnlFtfYOAESNSAiSPUO€: & TtA 0A?.020(Y? ENCROAk?MENT ON P€EUC NFatfT OF WAY 8 70 I I 12 13 TbU.2L290. 2EI0.1LI30 IMC 10.11).M-Cil TMC f0.Ifl320 .„„, .,....„, 1w. f032.7Tj0 _....,—.�,...»._.....»..»...,...... 5TORM WATER+TEfiOAN.RUNE}TY UN.AOT1iMMI)PARKING FINE LANE dR PNONt0iTd0 PAAKtN9 »...._».._...........»».»_,.».....,..»».,.......»»».,...... 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OFFICIALS SI€aN' T UK: {{// See Reverse Side of Citation for Further Instructions 0134 EXH 10 - 0067 CITY OF TEMECULA CODE ENFORCEMENT DIVISION (�}�T)��sn�-�tina NOTICE OF VIOLATION ADMINISTRATION CITATION CASE No. DATE j[�{i�} j{� ///{jjj pfp] TtME: A. D�A"Y'' OFF THE WEEK: 4Yr[� — N.... iT"._WM1.'_�.M._t. ^:. �..�-...dam............. _r ..................... NAME: (Fiat. Middle, lash eA A ..... ...R....... 1 {+' i r-• AIL I ADDR�:ss: i � D WI STAfE: iiP: , AA .... --�. - _. ..._..__..........,m.......... THEN CUL.INFO: SINESS OWNER f.:)BUSINESSOWNER jLOCATION OFOGUUHRENC CORRECT VK)tATIONS VEHICLE MAKE: MODEL: 1.1 Z w 3ra PENALTY PENALTY PENALTY MUNICIPAL CONE V161 ATTON F:Rfl_r SIMM SIMM 1 .... ati5iiitS*.!.Kii2SE...Ev NRER.�•�__. ........_-.....-...__ � iT:tt:3,iZCY:1 (fj fiRAfTiii ....... _....__.� 3 - ........DEGArrO. �An, NIJA.R ....iv"k„TAP.�t .AOa?z.0[1in+1 •7AJi1.'ilfJ?irs.l:iv. s T1�:sirv�il;r=i n,^�rrafscai.•:e+l;rizsi�<.�Ima+.zuNE _.. .....5 `:FS; d.13,02it Ui} LH:Hwi.r 'EPFiitr.PShidJdT:GKi __. 7 TW,&12i:Z3;:Y3 I iJ'W.AUWOR lilWEPOM !:iC:RfiN..a0.iEleipNP....- - Of 3YAY j 7 .Xi(; d`2iC:A73 SRMAIYAiT:i}�TiRaAN AWN .. F 10 Th7C30.to.13{! L°N Y-W.91NDPARKENG� a Tr�1 inaoa:o 1 h XE)f8»:nAlnFazaaE to T?.ti.1.... _Ih3s, AWT;YE�Rli2_r. N,: ^YEiY............ _... _.............. __._........ ..... } iA 31C t ?4d 0 Alu:(li" r' R'.9! R AHlih t .... ............. } _libCP%ARi[. A,G.AfR:L ... } E ?S ':54; 31.;:1.0•%;l TE4t'y'ksY i! ii: PcR , 'mkc'E€T .. .-.-. _._.._ 3; f:Y E N [ .q ......... test Fi:%y':sY2FiA TfP.C17.20...:.. ...!GNti.._..... PARKt lilSSt;AFF#,�uT:AP....... S:in'7 P.NM.T!'.E0i11RE0 ..._}......_.__.. — 2..0 TM(: 17 r tAo PH01,1010 S s 1...__...........__..._.__......._.........._......._...._.�...... ._.................. ... .__.........._.. CORRECTION REQVIS- : WW Rag T I ifin -mAt- j j� j� ��w}} tD M) L1 �f 6.a * ji i.JiVl Gi-Yi ENFORCEMENT °' it �/�As�W .. NO. QPP:JR3.5 S1E'sNAYT:t'tt f l i See Reverse Side of Citation for Further Instructions 0135 EXH 10 - 0068 CM OF TEMECULA (951) 302-4144 CODE ENFORCEMENT DIVISION NOTICE OF VIOLATION 9 ("'t ADMINISTRATION CITATION CASE No. ........ .... .. . ......................... IM 2.d Ird PENALTY PENAOY KNAOY MUNICIPAL CODE VIOLATION "0.00 Slul.00 S260.00 See ee Reverse Side of Citation for Further Instructions 0136 EXH 10 - 0069 CITY OF TEMECULA (9151) 302.4144 CODE ENFORCEMENT DIVISION _ NOTICE OF VIOLATION 6997 ADMINISTRATION CITATION CASE No. PENALTY PENALTY PENALTY See Reverse Side of Citation for Further Instructions 0137 EXH 10 - 0070 CITY OF TEMECULA (961)302-4144 CODE ENFORCEMENT DIVISION NOTICE OF VIOLATION 6999 ADMINISTRATION CITATION CASE No... ........ ... . . ........ . ........... — PENALTY PENALTY PENALTY MUNICIPAL COOS VIOLATION flsom $150.00 f,250.60 ............... , " '.., REOIflflEO —KAO, [T - io;— -I,M,�-ON —12.-0 'Wi) —(—,Vw l`E-R-0--W—N0-k!-�,l!O, j 4 LMI; A 11 (11,11 f1l, f,OMM€11CIAL Y" I',, L21-7 IIIAI it-l— ............ ..... VEN ........ �IDdEANit. NO ...................... ... . ....................... ............................ ......... . . . --- . . 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Vu+u Go mig G-- �V-PW) AWI ...... -4-- --- - .............. See Reverse Side of Citation for Further Instructions 0138 EXH 10 - 0071 CITY OF TEMECULA (951).302-4144 CODE ENFORCEMENT DIVISION NOTICE OF VIOLATION 6926 ADMINISTRATION CITATION CASE No . ........ .... .........____....._..__....__ 1s, 2nd 3rd PENAtTY PENALTY PENALTY MUNICIPAL CODE VIOLATION 55n.P30 $150.00 5250,00 3 TMC S.070,10 BUSINESS U('PNS€ RE01PA ) 2 Tin 6.12020 (1' GRAFH 0.12.020 JR, OWTIGROINN DECAYED, OEAO, 10 AROOOS VEGETATION L rw, , 6.12020 (k) TPASH mgm, ETC. 5 {FMC S.38.G20{Nt COM?M&R,'IAL V(�}11CLE 3Pd RE53OENiTA1 TONE' ry 0 ThiC 6.32.025 (R) VEHICL€PRAIIWISM/KOW J 7 YK V, MR0 {W) -UNHEALTHY. OR UNSAFE PCIOL B TMC$.32.0M(Y) _—...._............... _... ENCROACHMENT ON PUBLIC RIGHT OF WAY }.._..... _......... ........................ __........ __._......... .................... ............ ._.............. ..................... ..................... _........_..................... ................ ; 9 TMC $.Y32G0 i 5TOi!A#WA4:'iyTRB7dd_RUHDtf sp TMG 109Gis0 s7NA11TH'i11x4OPA..... sx It i\IS iO.iG t O OB FIRE, NE € P PROtOBTiLJ PARN€NTi 12 Y}aG fO.1G J20 PNYK'c01HAI.OAL`3N0 TONE 13 PAC 10.32.tfi6 INOYERMT VOWLE IN PUBLIC VOW ......... 1A .... _........................_.. 7PdC 18.0'r.0 0 _._..._._.__ i _ $Oil01Nu P'cghi(f RF.Oti1HEt _ .mm ........,,.,...�..... ..w.....�.....--..-......._. 1 sE TIRC I?,04.010 C_ONO)DONAL tiSE PER?,S.7 >fEOWRE.(/ . ..i.......... �� -sA `:E T?6C 3?,04.OT0 TEMPtiPA4N USE. Pr".Rhflli' R@OUiRFit _. •.,,••• IN PARK!NE .� �3B ilY:17Xd:'�l(i3;(3ji PAli,CN{i t7M Si1RFACE UF7AI'W30YT;0 .....__...................._, ... _._.__.._,_. .... hEiYtAt( 39 TA#4 `:9.;B.DsO ....... REOiiIRGU 510N 20 TMC 11 M.W0 PRINWIEDS€GN'a t S:fiN UFiE. � per°^ ' COR�iRECTION aU�N8fl. `t,� T - 1 :; 0 A -M 41,0 0j OFFoily ENFORCE MENT w + /�' _......_ >'4C 'ENO. -ICIA-1. SI(3NATUFYE _.. .a—_.{ w,,.—___—....._........ .....__..........— `� See Reverse Side of Citation for Further Instructions g �� — 139 EXH 10 - 0072 CITY OF TEMECULA (951) 302-4144 CODE ENFORCEMENT DIVISION NOTICE OF VIOLATION ADMINISTRATION CITATION CASE No, ___. _�.._...— ... G4 t �71M1=_..F AM I)AY()FTH EF�C:� l✓4 NAME: (First, Middle:,,last) f Npr._..: ADDRESS: is oco CITY ...._". _._ STATE: ZIP: THFR COL: INFO: (}DLlSkNE59t)YJNER ()DUSINESSOWNER I.00ATiON Of OCCI IRRENCE CORRECT V51LATI©N4 BY 1__._._ T _.....__._.......... .................. --T----- --- . MODEL: VEHICLE MAKE: PLATE: 131 1nU 3fn PENALTY PENALTY PENALTY MUNICIPAL CODE VIOLATION s10.00 $150.00 szs0.00 7 TASO5.04.',430 (tUfifffES"a LY'T:N:iE SCOUIRC77 3 - ,. .4 TR9C S:i1 E20 iNl 7b4031 QN(kl 04E...... N CL(,AYiO, DFAp HAZAPDUilS YECFTATIGPf Tf(ASH Dkt?giS (:i( _ 5 fA9031...r?O iNj CGFAMcAti?I. 4T.ki4Lk !'d RfG70FNf[A;, 7iif7P 1 5 7F.SC&92.ON (Aj :'E#ilftE kikPAllL•Y;ISMA#R1;Ni+ W01EALWY 0 UNSAFt POOL 8 YbiC is.92.02E {Yi EffG#?pAGI{MFNT GN PUBLIC 17iu1(Y GF WAY i 4 TMCa&F,E#i WIRM WaHRA1Yi01W RUNOFF �p 7K W16,1A UNAUTIMFWTO WWI :,I W;10.IrAa-a FIRE iA'.R, UR PAOFIVI '0#?V?KttNG ....... ..................... ........... ............................................_........................................... .................................._............—._..._..................._._. _...__. 12 TMO 10.76.37E "ARiLU NA LOADING TONt - - t3 'fMi:1U.5'idBC INOPERATME V(fflCLE IN PUBlJSYffW _...._............ _..... ..._.,_..... _.______..__..,,...._.._.._..._.___..._..,...,._,............._.................... 74 TMO t5.0a.0tG BUILDING PEflMtT FE.W f) ...... ____....,.,,.._._,.»...,............,._.......m......_..._......._................................................. ...............�% 7 y T6§P; il.09Dt0 OONOITiONAl. U3F. I'F:RMfT ftF.Gi1fBED a� 78 Ih§t; tY.Oa.BFi! Tti.Nifr{?RAT!Y ti:fE' PEAMiTfiWWREI.:) 97 3TAC I1.2d.029;G)(#, flVPA111,11O tt PARK03 ON SURWA EUNAkY)ftG4EG ,y #9 fWI1.23.63E 511"[N FLR#ATiREDUH§F#) ...... ..................................................... ............_......................................................................_.........__..........._ .._....___...._._ _....— ,„„,..... 2(t iMC V_29,,iifi0 PfiOtWrITED$ICNG .....:.T SIGNAT '1i" {iw�«f <W CORREC:TION�pREQUiR#Ft): ............... .,... ..........,..,.. CITY ENFORCEMENT «,�,., 7Pl,E)i'EE hi(i. ()FC 1C.At:i S#GNfdATil, See Reverse Side of Citation for Further Instructions 0140 EXH 10 - 0073 IN CITY OF TEMECULA (951) 302.4144 CODE ENFORCEMENT DIVISION NOTICE OF VIOLATION ADMINISTRATION CITATION CASE No.,.,..- �,. TIME DAY OF THE MCI(: ....M x�x ir� v ... N ' (First, Mlddi9, tafil) •� _/\\ f'% ADDRESS: Lo CITY., STATE. ZIP oTI lER( pt.. INFO; {.BUSINEu 0.W R nBUSINESSOWNER _....... LOCA.ION OFOCCEif'6 F(ORiECT VIOLAT IONS t r1Y....._ ...... . .. VEHICLE MAKE. MODFI.; PLATE; VIN: 9e1 xaa 3 10 PENALTY PENALTY PENALTY MUNICIPAL CODE VInLATION 8.40.Oa 9I50.00 9250.00 .._.,......r........_......__...... f YMC S.Ud:0i0 ....._...._,..__.....__.,._...__....__......._..__._....._.._..,.,....._................................ BUuiNEs UCCNSE'iiiU:il1'ig.0 .. .................... ......... . .................. ..................... 2 ....._�.._.._.__.__...,,. TMC8.92.020p') GR4YEYII ............. ... .... _ 9 TMC 0200i) ._.___.____......._......__....__._....,....__.......... GVERGROV(N, UECAYI:O, OEAO, tii7AFtA0l!S YE.UF: YAY}ON ... _........_—' 8 TMC 8.12.02k ( Tt?ASH, OEURIS, ETC. 5 TMC0,12.fY20 (M} CUMMERCIA1. 4iAfiC}E IN RESU..NY!AI. ZONE ' 8 TTAt; 8.1?82U lTrI VEtiiCLE REPAidt•'UI5MANTkING 7 TMi:8.12JIM Mt UNNEALTIYYORUNSAFEPUOL i 8 TrdC Of, ....... _ ENCROAChIM[NT ON PUOI.1G YilG} OF ViAT ...___.. ..... ......:.: ..................... . ....... 3 9 TMC 828.?fkT 5IO4M WATE(4{RPAM iil tdOfF rO - TMC t1111110 1JNAIFHOaREU PA}YRIF.(i 9 t TM% 10.58.11}C$ fiRE EANE.OR PNOH}...... P...... I., TMC W.WA ZO PARKED IN A LOAOM &NE ........... _._ ...... —.._....._..__..___. .._.__...._.._ .......... ..... i3 ................................. ThiG 10.416 ........._....................m......... .._......._m.._......................._.._...... _.__ INOPERATN6 VENICU. M} PU8t1C VIEW ........... _...................... 14 TMG?S.W.010 .......... , M. _......... WILDINU PERMYY REWIRED iG T 117.W.O1U CDNDITIONALI/SE PERma REOUIRED It; T}hf 17.01.p20 TEf6PORARY UBE PEfiMIT }ifOUiNE(t LW, pd 4rfC:,TiI(i Is _jL iR ,....,..... 1 ;172di„ };tJ;S„ w.TV«IAIIQ ..._.+-..._..........................-...........................»............_...,.....,........._.._ PARKING W SURFACE UNAPPROVT:U _...................... .q........ ....... _..... ... ................ .... IT+ __..._...._. TMC Y7.28.GUU ........ ........... ............................ ..........___..:...,.,................__.._.._......................................_............._..... SIGN YE!iMiY REOUI(tEU i 20 TMC 17.28.04U PRUIi18tYkU SwtiS .....____W............... ..... .... .......................................... ....,,........ SIGNATURE:: CORRECTION REQUIRED: «f. �^y, v-1 T ✓ CITY ENFORCEMENT ` �"•. _....:.,,._ ........_�_ F.'MPU:}YE::E! NO. OFFICIAL.) SIGNATi1RE: .. See Reverse Side of Citatior dr Further Instructions 0141 EXH 10 - 0074 CITY OF TEMECULA CODE ENFORCEMENT DIVISION NOTICE OF VIOLATION ADMINISTRATION CITATION CASE No. (901) 302-4144 5845 TIME: j... -. - DAY OF- WEEK: .J 71t PM ME: j0itst, Middle, L031) Vj : ADDRESS: CITY: STATE: ZIP: rIER 4 J COL. INFO: r'.. "jBUSiNESS ER _ _rjBUSINESSOWNER RTcWi6N OF OCCURRENCE: CORRECT VIOLATIONS BY::, ;. :.__............_........._-.._ VEt iICLE MAKE: _..... _............. _ MODEL _..-...�.,�,�._-_.... PUaTE —-_........ _.._� ............. .......... ._.__.._._......... _.... VIN: . ..... iac znn sro PENALTY PENALTY PENALTY MUNICIPAL CODE VIOLATION $50.00 $law S2w.00 - 3 .050HUSINESS T�A�!4ACR12.{F7tiRA[FIT1.........E....ON.............._..-.... tMSE REG.NtEO-��w _ ...................r— v _.�....:.........._.._.._......................................._...._.............._.�...__...__.......4214CU1202 FNASfi, OE�Utri, ETCKS:DENiT.0 Z0W_ 6 TMC A.ILUYO{Ai m VENCLEREPAR1f.N3WURM ..........._ ............... ... 7 tMCt 2.U20{Yi) mItEAEITIY OR txSAFE POOL ...g TMC 0.i2.OT6 {T1 ENCROAtlPAfldrpCR-OR10fWAY 9 TW. R 202W STORM WATENWU AN RUNtt I 10 Tw I&IIII30 INALMR.lFOPARAs ..w,.....,_.. _ r i T51C f0 ifi s0 i' V R(" AIM cm P'itlffiUlTE.[3 P4RX0aYi - . 1Z .... T.W 4.10:i20 PARKEOINALOM-%' 0AE ' ._._._ 13 ....._.__......_..._.._ T:AC SU.32.1G0 _.._............._._.._._..... __.......... ... ____. ..... 9i0PERATMi V'EW6'LE iN FNRLKI TV _ ....... 0t* Hi iPERMITREOUIREO 414i.�-7CIi:ii-tli0 C l5iU10 GO 4W.i AI USE PEWT REGUM-0 17a74k20 TEM!I]iWRY1SE FEMI7 REOIft-3 - 17 .. Tt1C 11,240Mj1i ...-.....----_..-.....e................ -_...__.-......................�__�....,_._.___. RV PARiONG - ..-...._......_ .._.. 13 RVIt24iij.,4 j PARXING ON SURFACE UNAPPROVED 10 TMC 1'211.030 SIGN PF.RW RE0UR1E0 2D TWI728.010 I MIGRIIEO SIGNS - i:ORNE(:TION REWIRED: 0 76 ! CITY ENFOrCF.MENT ` ``• w EMPLOYEE N0. OFFIGAL^a SK+tIATORE: See ReveWe Side of Citation taurther Instructions 0142 EXH 10 - 0075 CITY OF TEMECULA (951) 302.4144 CODE ENFORCEMENT DIVISION NOTICE OF VIOLATION G938 ADMINISTRATION CITATION CASE No.. PENALTY PENALTY PENALTY MUNICIPAL CODE VIOLATION $50-oo $150.00 $2W.00 GWrnl CGNM£RCih_tVEHICLE IN TE!, o"il I - 10Nf. E.WWANMENT ON I'OBUC , TWO WY Of WAY T �C kO,iG a,-_U Fig.( LAN40 MOOt OR) PARK NG ...... . . ...... ..... . . ...... CIONOMONN - WE PHIMITATOwino ............... ... ..... ..... ....... . -.- . ......... . ... . ............. WARN* ""22.,;M2,2"'A'' - ........ . .............. ..................... I I, TI-1 ILI I - . . . . . ....... MWW!�� AMP—iMvl) rt:96� tq'o�% uo)Ge,7'�Akh -m kvkv),&V) MDO&C-crf. qr,� CITY LNF(llR(-,eK—,,T. UK4t( A =. INVICIALSSIGNAILIR �(:,s - .......... See Reverse Side of Citation for Further Instructions EXH 10 - 0076 CITY OF TEMECULA (951 ) 302-4144 CODE ENFORCEMENT DIVISION NOTICE OF VIOLATION 6941, ADNiiNigTRATION NTATION CASE No. "I Rod Std PENALly PENALYY PENALTY MUNICIPAL CODE VIOLATION SSo.ot! $150.00 $25 0 .00 i TtAG 5.44::F."O UUSiNESS A.fOENSEUEGUIti[U .... .,..,.... ._........ _.__ ......__ T6?G b.f'[.UTii (. lifv'�EFri'I ?MO9. F?..s^x1fi �FFi pVFfdfrRi7FVN, UE AYf.F).i?EAU.HA7r�.EAUUSVEGe7ATIUN- a ?,AC 5 ?3AC 8.S2,OtO jN GGMMCNGtAI'Y£RICi£IN RCSIUENTFAS: TOYC G "rMC R.f?kJA)!R; Yr.RifF.ERf.PAniYT7GSMANYi.IIiG' .— _ 7 TMC6.i7:0 flY? 7NFIEhI.Tt.Y UR UNSAk"E Pt±SSA. [ O WC6.12.020(Y) ENCROACHM.Wr ON PUZ. MOW OFWAY i 9 ?G".C13.2S.',a aT lLIN, WA111K1FHRNROrI Fu TFrcto.A�.g;� —UN urdaen+arnzEnrA�w�;G t w_... 'i#fC IC 3C.F il i:8 . �._._: _ _......_.._._._...... _. _ ._..._ ._ . FIRE FAN[ OR PPOKB 71..0 PAR04G -. _. ........ �_ .. F2 HAC IUAU?2 _........ _....... PAIKBOIN ALOAfYNGZZW _ - ..._,_._ F3 ...__... TFF.01J 2.tQ(t INOPERATIEVE410JANPF)t11.IC YIBY ........... ........ _............ ........_'" ik �__.._._.__. Tfi4C fF�.EN.OFP. 1„„„„„„„„.„„„„„„„„.„_........ . RAlN.OIN",PERM€7 REO41RF':6 ._.._.. .... _............ _._............. 75 T#dC ?jm.00 CONOMOW4. OS£ KRM.ff A"W;REU .. ._..... 7& _........._... _._......... "K Fi,Od.O`2C .._.......................................................................... ....................................................................................__......_.........__...._.._...__ 'IYMPOR"Ay USE PERIAR REOUIRED 77 ?MCI?Td.azelUji:, iiY PARKING FS IAV;ti2dC; 1Gii` u1 PARKFi.Q UN SURFACE UNAPP??OV@.f1 iU Th4Ct7.!&OSO SIGN Pow RfOUIRto .._.........._._...._..........._.....__.,...»...,-................._....._..._......_._......._._......_.............__... :U TAiO 17.2�S.04„0HuftlSffEU:SA . 5 _ . ,t.....................%Fi.............. .... ....._. Si CORRECTION REC)UTAEt' tiJO r pw,( tc+' Yry,tF Ykt 1B L[al� 44JJ}� 1 9 kpm�f�^' -� eT /Wa ,�lSj /' - i + k , i. ....... __m._........ Cl IY ENFORCEMENT rJ tJFriC€RL`i SltiNA'A Uf{E: See Reverse Side of Citation for Further Instructions EXH 10 - 0077 CITY OF TEMECULA (951) 302,4144 CODE ENFORCEMENT DIVISION 10 NOTICE OF VIOLATION ADMINISTRATION CITATION CASE No . ......... . ........ .................................... PENALTY PENALTY PENALTY MUNICIPAL CODE VIOLATION sm.w $160.00 Orw.w See Reverse Side of Citation for Further Instructions 'P145 -k— EXH 10 - 0078 CITY OF TEMECULA CODE ENFORCEMENT DIVISION NOTICE OF VIOLATION ADMINISTRATION CITATION __..__...._.............._................._.......... DA7E: 11h1E; NAME: (First, Middle, Lwst)ml _i_............._......_.i. ADDRESS: (9 1) 302.4144 0 CASE No... ........................_-- �.,; ..... ........ -.,.. __.._._._..........__�-............_................ ,,, DAY OF THE WEEK: STATE: SIP: CDL. INFO: j;: S OWNER ,t, t4 ESS JYNf"INr:N : � LOCATI7N OF 6CCU�RENCr"giRECT Vc`ID�IATfONS �• VEHiCL.E:. MAKr:.: P ATE: VIM MUNICIPAL. CODE VIOLAVON 1s1 2nd 3rd PENALTY PENALTY PENALTY 5S AO 150.00 sa:ux.ou See Reverse Side of Citation for Further InstrLICtionS 0146��� EXH 10 - 0079 CITY OF TEMECULA (951) 302•4144 CODE ENFORCEMENT DIVISION NOTICE OF VIOLATION ADMINISTRATION CITATION CASE No. _...._....... --........... _.._.-...................................................................... _. ......................... UAjF.;_ Zv DAY OF THE WEEK: y _....... .._.._IR-A„ NAME: (First, Middle, Last) (;}mr-A c i i3A.f SAD LA NboN, �� tz ADDRESS: g�yp (`�w����qq �� j 2-64 r a f✓ 44+ t V Y M tJ _................. ...... _.,.,_............,..........................:............. _.,...,.,,,,,.,_...........,.,...........,..,.;.,...,. _,._,.,,_._,.,....,_.,...,,._....................,...,.,..,..,.. CITY; S'T'A'f'E; ZIF': i FiiyLC7ou LA THER_,A "" COL, INFO: (jBLIVNESSOWNER QBUSINESSOWNER ........................... LOCATION OF OCCURRENCE: o ................. CORRECT VIOLATIO.� 18 RY:- V : VEHICLE MAKE: MODEL: PLATE: VIN: im -2. 3td PENALTY PENALTY PENALTY MUNICIPAL CODE VIOLATION 0,50,00 $160.00 $250.00 1 TMC9A4,0.10 RI!SINESSLICENSE'REOMRk'D � 2 .,.M............................... iM08.120200} ORAffITI ,...,...,..................................,,.., 3 TMCA.12,020 MJ DVEHGROWN,OECAW, DEAD, RAZARUOUSVEGET'ATION d TMC Al2.C2q (K} TRASH, OEBRIS,CTC. S 1MC8.12.020(N) COMMERCIAL.VCWICI.E'INRESIUEI7TIAI.XONE ti TMC A,f2.020 (ITJ VFkiICIE fIf.PNWUISMANII.INU 7 TMC A,12 f+?.q (Wl UNHEAlTHY OR UNSAFE M)UI. 6 TMC q.12G20 (rJ ENCROACMME'NF pN f'URLIC RIGHT OF WAY 0 TMC A2tlYA7 uTtlHM W,ATEMIRBAN RUROkf tU TMC t0,l6.tg0 UNAUTHORMOPARKINO _. ..........,....:.,....,.... f 1 ING 1(t.16.fgO,C6 .........,.c.,..,,..,.,,,,.,,,,,,,.,.,.,..._....................,......c.....,,......�...,,. fIn uk. f OH PfIpl{tdl :'O PARI(1N4 T.___......................................................................................................... ._. ............. l e ............... ............_ TMC 10,161PO PARKED IN A WAGING ZONE .__...__, 13 .............. TMC10.32TED ...._.......___.... iNOPEtTATNEVEHIC(.E.INPIIBI.ICUff.W 14 YMC iSO4010 __..........,.,._._.__......._ .,._.........._..__.___.,_..... BUILOINQ PF.RMIF IIk'D(BRE41 .,.. ..._._..,._..... ...... _...... _. .............. 15 ..�_.....�..,,.. TMC 17.(4.010 ,.,..,,,..,.,.,,...-._..__.._._.�..._.._...._........__�...... CONDITIONAL t}Sk' PE'RMIF Rk'.QUIRED .....,_,_... _,.. 16 ,.,..,................ TMC 17,04.020 TEMPORARY USE PERMIE REQUIRED ............................................................ .......... 17 TMC 17.24 r.M9{. Tl}(l; RV PARKINC .............................................. ......................,,.,,.,.....,.....,.......,..,................................. iR TMC I7.41.f4�011NC,j PA 4G ON SURFACE LINAPPROVE ) _...:....:............ .............--------__..-...__.._..___�.�:----.......__"__............................. ..,...,,,.......................... 10 TMC17.2BASq OIONPERMITREOIIIHfp 20 TMC 17.P.8.040 PROHIBITED SIGNS _... _. VIA CIi1rl h't�fi�l.,, ,.................,,.,,,.,.._........................... ,............_..,.........................,........,,,,,,,,,,,.,..........................................,,......... lIT�gkU�{U/iRLC). "'�j �py}"�y��� �'COFifTECT10lN p(pq,� �yx��'�/f�q Q�✓y��f ]1 tP L V wlodl +ArIOt>S,[�4�/Pfy{''"iyY."^/yY�/�5�yw"l,{P�,y�y(gp �yOV+�y ' A V Vt W M' 00 f oxjAW ............................................. ...................__.....,............................... ...... ............. Y ..,................... CITYENFORGETMENT ny f N0. SIGNAW CFPICIALS � ��„� See Reverse Side of Citation for Further Instructions (01 0147 EXH 10 - 0080 CITY OF TEMECULA (951) 302-4144 CODE ENFORCEMENT DIVISION NOTICE OF VIOLATION 7114 ADMINISTRATION CITATION CASE No . .. . ....................... -.- ....... ... ............ . PENALTY PENALTY PENALTY See Reverse Side of Citation for Further Instructions ('ez'I - b EXH 10 - 0081 CITY OF TEMECULA (961) 302-4144 CODE ENFORCEMENT DIVISION NOTICE OF VIOLATION 6944 ADMINISTRATION CITATION CASE No..................._':..._...... ................... . . . Ist 2nd Sid MNAUY KNALTY PeNALTY See Reverse Side of Citation for Further Instructions 1(0 0149 EXH 10 - 0082 CITY OF TEMECULA (961) 302.4144 CODE ENFORCEMENT DIVISION NOTICE OF VIOLATION 6947 ADMINISTRATION CITATION CASE Na.. __...— ._ � � _._......._. ist Ind 3r4 PENALTY PENALTY PENALTY See Reverse Side of Citation for Further Instructions 0150 EXH 10 - 0083 CITY OF TEMECULA (951) 302-4144 CODE ENFORCEMENT DIVISION NOTICE OF VIOLATION ADMINISTRATION CITATION CASE NO. __.._____. tat 2.116 30 PENALTY PENALTY PENALTY MUNICIPAL CODE VIOLATION $50.00 9150,00 $250,00 _..... 7.., ..................... _...... TMO 5,0030 . UUSINESS LICENSE R@DURED ........................................................................ ......_.. ........ _ .... 'L TMGB.i2.020 (t} GRAFrin .._........... _........_.. 3 ............. ._. TMCB.T2.WA(i0 _.___....__............... GVEROfiOYM,DECAYED.DEAD,HAZArDDUSVEGETA'RON ._............. .............................................. ...........__W __ —_..... .............. ...._........ A V TM"E.12.010{K} .....,........_.............................._..._._..._......_._..._._...__...-......„,„...„.-.„„,„ TRA'SH,OE0R15,ETC. ..................... .._..._.. 5 TML'O.t3A20 (N) .,..m GOMtdEROTRL VER:GLE tN HE$ICENTLAL ZONE ._.... _.......... .. _....._._..,.... ........ o" TMG tCLE REPAIrb'O: MANTLING 7 IMG$.t2.020CAI) UNHEACRYDRUNWLM0L 0 TMG P,.t2.020it1 ENGRDAC,i1MENT Ori PUBLIC RiC,ITTOF NAY - <) yhzemw STORM YtATEI'4llRt3AN HU40F% 10 _..._. IM W16,110 --.-....__ UNAUTHAR1LE0 PARKING _......__-.___._.._.._.._.._...._...._....,.................... I TIAV '10130-C8 d1RELhNEORPROK ROP>AII010 ._...,.................. ...... - t2 TMC 10.1E.320 _...._.._.........._........_....._.._....__._,._._.._....._.._....._...._...._.._._..._._.,....._ PARKED IN A LOADING TONE ................ .,._ t3 TMC T0.vAp _ _..... 'NOPERATxE VEHICLE I:t PUOUC View _,._...__._...___._.—._.,...._ .........._ti..._........ i3 TM'i5.0'.A10 _...k........,.__..__...._._W...._�.__.._..._.... 01); NG PERMIT REOVIRED _.._. ._..._.. .............. m....,... 15 ......................................................................................................................................... ....................................................................--..............,............................................._.._..................:_. TMG 17.04.010 GGNOMONM. USE PEWAI REDUIRED ..... _-------- .._ 16 TWIG t7X4.0?.0 TEN".PORMY USE i' OWIT HEOUM0....... _ ......_..... .....Yt....h..A6...0 .....1.).S...?...O..lJ.T.T.T..�.l.Ci..1.Tj.[j..t.}. ...7..I..A...R..K..I..NS ..R.....V...P..A...T...K.....1.N......G...........E..................,.............._ ...S...UT_.EA...G...U..N.........4...E..U_..._.._.................................... ._.t..tY.i.. ..ON . ............._ TU TMG 17:2tl 030 ... SIGN PERMIT REQUIRED 20 TMET'21F40 PNOKBITEO SIGNS ........:................. ........ ,............... ..... _......._....�_ 5 A'uR VIA ee-TIT-9 1-:11-b M4L- 5� CORRECTION REQUIRE L. '-yam '®�,�'fdd�q"p�>t!/.0 Lg cc a�' tt pp CITY ENFORCEMENT OFFICIALS GIGNATURE: See Reverse Side of Citation for Further Instructions uplv�,V - O U16 0151 EXH 10 - 0084 CITY OF TEMECULA (951) 302-4144 CODE ENFORCEMENT DIVISION NOTICE OF VIOLATION 7122 ADMINISTRATION CITATION CASE No. ---- PENALTY PENALTY PENALTY MUNICIPAL CODE VIOLATION W.00 $iwm $250.00 See Reverse Side of Citation for Further Instructions 0152 EXH 10 - 0085 EXHIBIT I I 0153 EXH 11 - 0086 1 1086-0773\2711254vl.doc City of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.te1neCU16aCa,9ov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On July 27, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section 17.04.010, (Conditional Use Permit) of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24,040 this correspondence shall serve as your official "Notice and Order" to pay a fine of give hundred dollars ($500.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. if you have any questions regarding this matter, please contact me at (951) 3024116, Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager tciryafiameeul.t.ar6�sharr iUserst'ram.('crlclC:Ot,[r,iwiviIponaNcs.]heBank1.2.7JUt...2O21.do4 0154 EXH 11 - 0087 icy of Temecula Community Development Department Code Enforcement Division 41000 Mein Street • Temecula, CA 92590 Phone )951) 302-4144 • Fax )951) 694-6487 • www,tenreculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On July 30, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section 17.04.010, (Conditional Use Permit) of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a tine of seven hundred fifty dollars ($750.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager arid/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Torn Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Sgt. Jason Gore, Temecula PD :\cityoRcmecula,arg\shagesUisees\ ('nm.C'oIe COLk l'?civilpenaties.`t'ht iatnk2..30,JUL.2021.doc 0155 EXH 11 - 0088 Cit of Temecula Community Development Department Code Enforcement Division 41000 Main Street •Temecula, CA 92590 Phone (9511 302-4144 • Fax (951( 694-6487 • www.temecuiacc�.gov (',NC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite 9300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On July 30, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Sections, § 111.1.1 and § 111.2, of the California Fire Code. (Occupancy). Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of five hundre: d dollars ($ 500.00) for continued violations of the California Fire Code, Sections, § 111.1.1 and § 111.2. Continuing violations of Fire Code Section will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance, if you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951 ) 302-4116, Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Sgt. Jason Gore, Temecula PD `:`;cityoflemecula.orQ\shares`•.t.:sefs\l,ollt.("OIC\C OI.,i7, f\oivilpenaties,'flieBaitk.3.30,Jt.1L,202 Uoc 0156 EXH 11 - 0089 city of Temecula Community Development department Code Enforcement Division 41000 Main Street . Temec:ula, CA 92590 Phone (9.51) 302.4144 • Fax (951) 694.6487 • www.temoculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite -9300 � Temecula CA 92590 r Re: 28645 Old Town Front Street, Temecula, CA 92590 On July 31, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section 17.04.010, (Conditional Use Permit) of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.O0) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day, The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager \\cityoRem=[a.or,sharesllsees:'I"oin.ColeWOLETlcivilpensalies.l3fii9,;{,j_UL202Ldoe EXH 11 - 0090 cry of Temecula F41 unity Development Department Enforcement Division Mein Street • TernE;cula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.terTieculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590` Re: 28645 Old Town Front Street, Temecula, CA 92590 On August 1, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section 17.04.010, (Conditional Use Permit) of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager !\oityoRemecula.ni•etsharesllserst'rom.('crle�(:'Ot.[� t',civilpenteties.'I'hetiank5.O I .AtiCL2021,doc 0158 EXH 11 - 0091 city of Temecula FCCCordemnforcement unity Development Department Division Main Street • Temecula. CA 92590 Phone 19S 1 302-4144 • Fax (951) 694-6487 • www.temeculaca.gov CIVIL PENALTY NOTICE AND ORDER CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On August 1, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section 17,04.010, (Conditional Use Permit) of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to ;gay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of tap to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. if you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1,21. If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager V,chyoflemecula.crrglsharesit!sersCti�tn.t;nlc't(:'OLE'1 ici� ilpenat ies: l'heEhnk(i,t)(iAO(i.202 ) .doe 0159 EXH 11 - 0092 City of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.temeculaca.gov CIVIL PENALTY NOTICE AND ORDER CNC Puma Corporation Brad Landon, Agent for Service 26693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On August 7, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section 17.04.010, (Conditional Use Permit) of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24,040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one thousand ,dollars ($1000.00) for continued violations of the 'Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties, The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302.4116, Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager ;',cityc ltcnicc�da.orT shares!l.!se" eiviIpenaties, Ilic 3ank7.07A00.202I doe 0160 EXH 11 - 0093 City of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phoney (951) 302-4144 • fax (951) 694-6487 • www,temeaculaca.gov NOTICEAND ORDER CNC Puma Corporation T Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 2.8645 Old Town front Street, Temecula, CA 92590 On August 8, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 9,20,040, (Sound Standards), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1,24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of five hundred dollars ($500.00) for continued violations of the Temecula Municipal Code § 9,20.040, (Sound Standards), Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302.4116, Sincerely, 'Arp Cole eld Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager V,.6ryaitemeeu1a.car&AsharesAJsers\Tom.Co16COLET'',civiIhenatiesMa ,)18AIJG,2021.doc EXH 11 - 0094 Ci�/ of Temecula F41 unity Development Department nforcement Division Main Street - iernecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.temeculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re. 28645 Old Town Front Street, Temecula, CA 92590 On August 13, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 9.20,040, (Sound Standards), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a find; ;;3r s; thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 9,20.040, (Sound Standards). Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116, Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager ;c.ityoftemecula.orgishares IJscrs;l OIT).r. UIC\(. (i1..1.`.1 Acivilpenalies.ThcBank 10.13A11G2021.doc 0162 EXH 11 - 0095 City f mecul Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 , Fax (951) 694-6487 • www.temoculaca.gov DR 2 FT i� 42 " . CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On August 14, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 9.20.040, (Sound Standards), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24,040 this correspondence shall serve as your official "Notice and Order' to pay a find of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 9.20.040, (Sound Standards). Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you rnust first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 3024116. Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager ;lcityottc:rnG.cola.cxglsluirestlisetst'1`orn.Cale�C'C)t.ETleivi llaeualies.l'het3ank 1 1.14AUG202 ] .doe 0163 EXH 11 - 0096 Gt/ of T Community Development Department Corse Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone 1951) 302-4144 • Fax (951) 694-0487 • www.teryieculaca.gov CNC Puma Corporation Farad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On August 14, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 9.20.040, (Sound Standards), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to fray a fine of one thousand (Iollar.s ($1000.00) for continued violations of the Temecula Municipal Code § 9.20.040, (Sound Standards). Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 3024116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager cityollcmeculaor isharesU)seistiC'our.Cole;C'C>LG'(\civilpenaties."lh�l3ankI2.I7AUG202IAoc 0164 EXH 11 - 0097 Ci�/ [4 C Community Development Department mm C Code Enforcement Division 0001 1000 Main Street * Temecula, CA 92590 0CPume Corporation Brad Landon, Agent for Service 2869Old Town Front Street Suite #30O Temecula CA 92590 Re: 2O045Old Town Front Street, Temecula, CA92590 On August 20, 2021, 28645 DW Town Front Stree, CA 82590. was found to be in violation of Section § 8.20.040 (Sound Standards), of the Temecula Municipal Code. Pursuant toTemecula Municipal Code 01.24.O40this correspondence shall serve asyour official "Notice and Order" to pay a fine of one thousand dc)liam ($1000.00) for continued violations of the Temecula Municipal Code § 920.040. (Sound Standards). Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount ofupk/two thousand five hundred dollars ($2,5OO.00)per day. The City Manager and/or his designee reserves the right to determine the daily arnount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil peno|Uov were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please boadvised that each failure Vzcomply with the Temecula Municipal Code isalso acontinuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. P|eouo pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 38 days ofissuance and then by completing a request for hearing form within 30 days, pursuant to TIVIC 1.21. Uyou have any questions regarding this matter, please contact moo*(951)JO24118 Sincerely, Tom Cole Field Supervisor -Code Enforcement mz Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager xciomnnnecoIa. vm�\81 I'l uuxxsr`lei w4m,*ms.zmmIGoo1.doc 0165 ON of Temecula Community Development Department Code Enforcement Division 41000 Main Street - 'Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.temec:tilaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On August 21, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 9.20.040, (Sound Standards), of the Temecula Municipal Code.. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay .a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 9.20.040, (Sound Standards). Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager arid/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116, Sincerely, Tom Cale Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manage Norman S Sullivan, Property Manager \iiiryc>fiemecuh.or t haresll.;sers l`ant.C'QIe\(.OL.� t iclviIpe iatics. I IwBank14.21AUG202I.doc 0166 EXH 11 - 0099 City of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.temeculaca.gov CNC Puma Corporation Brad Landon. Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On August 27, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand cidlars ($1000.00) for continued violations of the Temecula Municipal Code § 9.20.040, (Sound Standards). Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to Tfv1C 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manage Norman S Sullivan, Property Manager ticityorlrmecula.�r isharesiUsers Tcan.{'ofc:i(:t�C.t'ikiviipcnaties.i'17eF3ank15.27AL)(32021.doc 0167 EXH 11 - 0100 City Qffemecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694.6487 • www.temeculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On August 28, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code, Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to tray a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 9,20.040, (Sound Standards). Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manage Norman S Sullivan, Property Manager i,cityofl'emectda.oro\shares\1!sersCl'om.C'ole\C0L1:r\civiIpen aties.l _13,�nd6„8AIJG2Q21.doc EXH 11 - 0101 City of Temecula Community Development Department Code EEnforcement Division 41000 Main Street •Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.tc,.meculaca.gov 'OFF CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On August 28, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04,010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to fray a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 9.20.040, (Sound Standards). Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by cornpleting a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manage Norman S Sullivan, Property Manager \leityoflemec�la.prgishnres'sltser'Pom.Ccrlei("O1.t.Tlcivilpt:nsties.drit, 3SEFIT202Ldoc EXH 11 - 0102 City of Temecula Community Development Department Code Enforcement Division 41000 Main Street * Temecula, CA 92590 Phone (951 ) 302-4144 * Fax (951) 694-6487 * www.temeculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On September 4, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 9.20.040, (Sound Standards). Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manage Norman S Sullivan, Property Manager ,lcityc: nenrecula.or ;lsh,areslllsersi t om.C;ole��'OL[.Tici� ilpeni;ties.'fheCinnk I K04SEiPT2021.doe 0170 EXH 11 - 0103 Cif of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951 ) 302-4144 • Fax (951 ) 694-6487 • www,temeculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Ternecula, CA 92590 On September 10, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 9.20.040, (Sound Standards), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1,24,040 this correspondence shall serve as your official "Notice and Order" to pay a fine of of thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 9,20.040, (Sound Standards). Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily arnount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to cornply with the Ternecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302.4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager Hciryortemeaula.or istu�nsU.;sersTcrm.C"vlelCa7t..C?,l'ici�itpc:unties.I'lieliank,19.IOSt;PL2f)21.doc EXH 11 - 0104 City of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694 6487 • www.tellIeCLJlaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On September 11, 2021, 28645 Old "town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to fray <a fire of ors€:x th€: usar€€:i dollars ($ `000.0f1) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951) 3024116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Arnanda Moore, Manager Norman S Sullivan, Property Manager 'tit;IryLSi`t L^.1116CUI8.Qi" �5iY4P�s11.1tiLf$57`i)171,C_,oiu?.(; (.)t. 11Ci Vi(PCrlaliL..1I,112. 11 S EI'T2021.doc EXH 11 - 0105 Cif of Temecula F unity Development Department nforcement Division Main Street • Temecula, CA 92590 Phone (951 j 3024144 • Fax (951 ) 6946487 • www.temeculaca.gov CIVIL PENALTY NOTICE AND ORDER CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On September 17, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City .Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302A116. Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager \\ciryoiiemecuWorg\shareAUsers?Toni.Cele\CU1..F. 1"tcvvilpenatiEdIffi.174F,PT2021,doc EXH 11 - 0106 City of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302.4144 + Fax (951) 69+6487 • www.terT1eculaCa.g0v Az ,Mr Mil:' CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On September 18, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17,04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24,040 this correspondence shall serve as your official "Notice and Order" to pay a tine of one thoustrrrd dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by cornpleting a request for hearing form within 30 days, pursuant to TMC 1,21. If you have any questions regarding this matter, please contact me at (951) 302-4116, Sincerely, Tom Cale Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager 1}ciryoftcn'iecula.<rgishares'tUscrst'1'oin.(i�1�1C:CILEI;civi(p4naticsM.t+ilj 11RSBPT2021.doc EXH 11 - 0107 City of Temecula Community Development Department Came Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.te.meculaca.gov CNC Purna Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old mown Front Street, Temecula, CA 92590 On September 19, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 9.20.040, (Sound Standards) of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 9.20.040. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager C\Uscrsltonr.c.ole\AppDatalRoamingtMicrosoll\.WordiAutoRccoOy iyy.�ivilpcmaties.fh4r3ank?3.1i9SEPl'2021.asd.doc EXH 11 - 0108 City of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951 ) 302-4144 • Fax (951) 694-6487 • www.temeculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Terecula, CA 92590 On September 24, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24,040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1,21, If you have any questions regarding this matter, please contact me at (951) 302.4116 Sincerely, Tom Cale Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager 1leityo flemecula.or�!shares`:1 !serslTcnn.C'i�le.\('() LE'1'tci vi Ipenat ies. jje�t{�,Z },1 t)SEP'1" 2t12 I .doo EXH 11 - 0109 City of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951 ) 302-4144 • Fax (951' 694-6487 • www.terneculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On September 24, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one; thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager \1uir�nflemecuh.orgisharestl)sa;rs\Torre.(:vle:C;01..ti:Tlcivilpenaucs�. i ikf4SEPT2021Aoc EXH 11 - 0110 Gy of Temecula Community Development Department nforcement bivision Main Street • Temecula, CA 92590 Phone (951( 302-4144 • Fax (951 ) 694-6487 • wvvw.temeculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On September 25, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager andlor his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact 'me at (951) 3024116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager l;cityuftenrccula.org`•.shares\UsersVfom.C'ole\COLETk:ivilpenaties y 25SEPT2021.doc 16116 EXH 11 - 0111 Ci� y of Temecula F41C Community Development Department mm C Code Enforcement Division 0001 000 Main Street - Temecula, CA 92590 CNCPuma Corporation Brad Landon, for Service 20093Old Town Front Street SuhoAV00 Temecula CA825SO Re: 2d045Old Town Front Street, Temenula.CA92590 On October 1, 2021, 28045 ON Town Front Street, CA925S0. was found tobe in violation ofSection § 17.04-010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant mTemecula Municipal Code §1.24,04Uthis correspondence shall serve as your official "Notice and Order" to pay o fine of one thousand du8um ($1080.001 for continued violations o/ the Tom*ou/o Municipal Code § 17.O4.O1O.Continuing violations cf this ordinance Will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars <$2.500.00> per day. The City Manager and/or his designee monrvoe the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history ofwarnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right Yodetermine the daily amount assessed for any additional Civil Penalties. Please baadvised that each failure k/comply with the Temecula Municipal Code isalso acontinuing criminal violation and each violation is a Misdemeanor carrying a potential penalty of six inonths in jail aridlor up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance arid then by completing a request for hearing form within 30 days, pursuant to TIVIC 1.21. If you have any questions regarding this matter, please contact me at (951) 3024116 Tom Cole Field Supervisor -Code Enforcement mz Brian Clements, Building Luke Watson,City Manager Jennifer Pohuuis.City Attorney Amanda Moore, Manager Norman GSullivan, Property Manager snom /ocTmz/.do 0179 EXH11'0112 City of Temecula -1.. Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.tf?meculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Ternecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On October 2, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of One thou,"nd r1ot m', ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951) 302A 116, Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager tieiiyoiierneculu.orglsta+resalseisiTe,ni.C'o1cEC:(:)t.Ia1'civilpenatlets."T'het3ank.27.t)2t:X:"r202I doe 0180 EXH 11 - 0113 City of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.terneculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On October 8, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04,010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1,24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17,04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a rnisderneanear carrying a potential penalty of six months in jail and/or up to a $1,000 per clay fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager ldcitynftemecula.ar'.shareslUsersi'1'om.C.cr1e;C;C)LC '1 tcivilpenaties:'l"hi.Ciank.28.{)8C)C"i"2U2I .doe 0181 EXH 11 - 0114 Ci / of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951 ) 302-4144 • Fax (951) 094-6487 • www.terneculaca,gov CIVIL PENALTY 'NOTICE AND ORDER CNC Purna Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On October 9, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1,24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00; for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. if you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing farm within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951) 302A116 Sincerely, Tom Cale Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager ,\cityoHemectila.orglshareslUsers\Tom.Cole\C{)1...1 lAeivilpe>naties.'1 hel3ank.29A9C)('T202I.doc 0182 EXH 11 - 0115 Cit y of Temecula [4 C Community Development Department mm C Code lEnforcement Division 0001 1000 Main Street * Temecula, CA 92590 CNCPuma Corporation Brad Landon, Agent for Service 2VO9OOld Town Front Street Suite #3O0 Temecula CA8258O Re: 28O45Old Town Front Street, Temecula, CAA258O On October 15, 2021. 28845 OW Town Front Street, CA82590. was found to be in violation o(Section § 17.04.010. (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1 24040this correspondencenhaU serve as your official "Notice andOrder" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or dtshons, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure tncomply with the Temecula Municipal Code is also continuing | violation and each violation is a misdemeanor carrying a potential penalty of six months in jail arid/or up to a $1,000 per day fine. P|oamo pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TIVIC 1.21. Kyou have any questions regarding this matter, please contact moat(951)0024110, Sincerely, Tory) Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke WatsonDeputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager o^��n/Sucrzm/doc 0183 EXH11'0118 city of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Rhone (951) 302-4144 • Fax (951) 694-64B7 • www,teni culaca.gov y CNC Purna Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On October 16, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17,04.010 (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one: thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager \\41ty'O[')Cft7G4Ui8.or�'tshar�slt!secs\"I'om.(.b[e\t::O1..E�[lcivillaen�ties.'['huf.;aiik..'i I. t6C)C"f2021.dac 0184 EXH 11 - 0117 city of Temecula FC:ode unity Development Department nforcementDerision Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 « www.temeculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Terecula, CA 92590 On October 22, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04,010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one; thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010, Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you rnust first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302A116, Sincerely, Torn Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager t,eiq-uflerne;oul��,argtshlres\1.Jsersi'1"om.C`UlulC:'t:>I,i"s'11�.ivilpentnies.'1'hel3ank.3 L21.00'T202 Ldoc 0185 EXH 11 - 0118 City of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951 ) 302-4144 • Fax (951( 694-6487 • www.temeculaca.gov n CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On October 23, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official ''Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misderneanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager itciryonentecula.orgWiares'•.Users,Tom.Cole\('01,i-. T;civilpenaties.TheBank.32.23QCT202 Ldoc 0186 EXH 11 - 0119 Cit y of Temecula FCommunity Development Department Co�dmemEE,, nforcement Division 000 CNC Puma Corporation Brad Landon, Agent for Service 288S3Old Town Front Street Suite #3O8 Temecula CA 92590 Re: 2D645Old Town Front Street, Temecula, CAS2590 OnOctober 3O.2021.28G45Old Town Front Street, CAS2590.was found \obeinviolation ofSection g17D4�01C\ (Conditional Use Pennb.ofthe Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one thousand do|lmrs (81000D0) for continued violations of the Temecula Municipal Code § 17.04.010.Continuing violations nf this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager anti/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil ponobiau were the pant history of warnings ond/orciteUonu. and additional evidence. The City Monagorond/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. P|noee be advised that each failure $ocomply with the Temecula Municipal Code is also acontinuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30days ofissuance. |fyou wish V»contest this fine you must first pay the fine within 3O days of issuance and then by completing a request for hearing form within 30 days, pursuant tuTIVIC1.21. Ifyou have any questions regarding this matter, please contact moo8(Sb1)3824118 Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager xar^no�omm^�uopomu�mn�xcomxz��o\dwlp*mties.rlie00(1o0/doc G./ of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951j 694-6487 • www.temeculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite 9300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On October 31, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pray a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to Ttv1C 1.21. If you have any questions regarding this rnatter, please contact me at (951) 302-4116 Sincerely, Torn Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager tcityofiemecaila.orl,lshares\t.!s�iyC1'om.C;ole C:OL.fit'tcivilpcnaties."rheBank.3435I0CtT2021.doe 0188 EXH 11 - 0121 city of Temecula F41 unity Development Department nforcement Division Main Street • Temecula, CA 92590 Phone )951) 302-4144 •tax (951) 694-6487 • vuvvw.temecuIaca.gov CNC Purna Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On November 5, 2021, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24,040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one alousand dollars ($11000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance, if you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cale Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager 14.cit,yuftemecula,org\sharo UJsettiVT,om.!'ole\(70LE;t''6viIpenaties.Tl)oDank-s5.05NOV202I.doe 0189 EXH 11 - 0122 city of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951( 694-6487 • www,temeculaca.gov 1 CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street. Ttrnecula. CA 92590 On November 6, 2021, 2021, 28645 Old Town Front Street, CA 92.590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24,040 this correspondence shall serve as your official "Notice and Order" to pray <a fine t f one, ttaoiusarld dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a rnisderneanor carrying a potential penalty of six months in Jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager \�cityolic.ntecuia,ar�isharzs;Usersifurn.t'oleC:OLE'T�civilpenaties.'ffre6<tnk.3G.OGNUV2U2 Ldoc 0190 EXH 11 - 0123 G�/ of Temecula Community Development Department Code Enforcement Division 4 l000livlain Street - Temecula, CA 92590 CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28045Old Town Front Street, Temecula, CAS2590 On November 12, 2021, 2021. 2$845 0W Town Front Strem, CA 92590. was found to be in violation of Section § 17.84.O10.(Conditional Use P*nnh).ofthe Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1,24.040 this correspondence shall oonm as your official "Notice and Order" to pay a fine of one thousand doUafs ($/000,00) for continued violations of the Temaoula Municipal Code O 17.04.010. Continuing violations of this ordinance will tead to the daily accrual of C ivil Penalties in an amount of up to two thousand five hundred dollars ($2.500.00) per day. The City Manager and/or his designee reserves the right 10 determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and doily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please beadvised that each failure k`comply with the Tonmcula Municipal Code isalso acontinuing criminal violation and each violation ismmisdemeanor carrying opotential penalty o[six months in jail arid/or upkoa$1.00Dper day fine. Please pay this fine within 3Odays of issuance. Kyou wish tocontest this fine you must first pay the fine within 3O days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC; 1.21, Kyou have any questions regarding this matter, please contact moet(851)3D2411G Toni Cole Field Supomi»nrCodeEnforcement mz Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Pomoin.City Attorney Amanda Moore, Manager Norman 8Sullivan, Property Manager xCiwwmmIC�u1a^^:w3 El "lei Ip*m/es.Tx"eoUz/awnvoo/An 0191 Q�/ of Temecula [Community Development Department Code Enforcement Division CNCPurnoCorporation Brad Landon, Agent for Service 28083Old Town Front Street Suite #300 Temecula CA9259V Re 28845Old Town Front Street, Temecula, CA82590 CN November 13, 2021. 2021. 28045 Did Town Front GUnmt. CA32590. was found to be in violation of Section § 17.O4.V1O.(Conditional Use PenniU.ofthe Tomacula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to. pay a fine of one thousand dollars ($1000.80) for continued violations of the Temecula Municipal Code § 17.O4.010.Continuing violations ofthis ordinance will lead tothe daily accrual ofCivi|Pena|8pa)manmmounio(upVz two thousand five hundred do||om ($2.500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City of the civil penalties were the post history of warnings nU/ormtaUons and additional *vWonm The City Manager arid/or his designee reserves the right todetermine the daily amount assessed for any additional Civil Penalties, Please be advised that each failure to comply with the Temecula Municipal Code is also continuing criminal violation and each violation isamisdemeanor carrying apotential penalty ofsix months in jail and/or up\oa$1.UUOper day fine. Please pay this fine within 30days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of is-§65nooand then by completing arequest for hearing form within 30days, pursuant toTIVIC1.21. � / If you have any questions regarding this matter, please contact moat(951)3024110. Sincerely, Tom Cole Field Supervisor -Code Enforcement mz Brian Clements, Building Official Luke Watson,City Manager Jennifer Patruais`City Attorney Amanda Moore, Manager Norman 8Sullivan, Property Manager 1 -190: v202/'do 0192 EXH11'0125 Q/ of Temecula F unity Development Department nforcement Division Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.temeculaca.cgov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On November 19, 2021, 2021, 28645 Old down Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Perrnit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of € ne; thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1,21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager uirycrficmeci.�la.pr ; haresit_iscrs`;i"om.Cole('Cit..t"I';civilpenaties.flieBank.39.19NOV202I doe 0193 EXH 11 - 0126 City of Temecula Community Development Department Coda Enforcement Division 41000 Main Street • Temecula, EA 92590 Phone (951 ) 302-4144 • Fax (951 ) 694-6487 • www.terrierulaca.gov CNC Puma Corporation Farad Landon, Agent for Service 28693 Old Town Front Street Suite tt300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On November 20, 2021, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of. this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Arnanda Moore, Manager Norman S Sullivan, Property Manager \\cityoftrmecula.org,shares\l. st.IsCPoln.('O161('Ot.t T`(;ivilpeuaties.TheBank.40.20NOV202I.doc. 0194 EXH 11 - 0127 Cif/ of Temecula F unity Development Department nforcement Diviision Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.ttrt'i(,.culaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On December 3, 2021, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to, ply a fine; of one thot.asand dollars ($1000,00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties, The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail andlor up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 (Jays of issuance: and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager cirynitemecula.org'tshares •l;sers� l c»n.(`old,C;O1.. Fllcivi 1penal ies.TheBank.41.03 DEC202 I Aoc 0195 EXH 11 - 0128 city of Temecula F unity Development Department nforcement Division Maim Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 d www.tetyiectilaca.gov 'K, CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re, 28645 Old Town Front Street, Temecula, CA 92590 On December 4, 2021, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thous,L nd ,i(Aars ($1000 OCR) for continued violations of the Temecula Municipal Code § 17.04.010, Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager 1\city�allc:macuia,c;rglshares`Users':I"t;m.C;s;lell;(71.,F.';1'icivilpenatits.'1'heliank.92.04 2021.doc 0196 EXH 11 - 0129 G�/ of Temecula FCommunity Development Department Code [Enforcement Division 41000 'Main Street - Temecula, CA 92590 0CPuim Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28$45Old Town Front Street, Temecula, C892590 On December 10. 2021. 2021' 28045 Old Town Front Otrea, CA 92590. was found to be in violation of Section g 17.O4.010.(Conditional Use PenniV.nfthe Temecula Municipal Code. Pursuant toTomeculeMunicipal Code O1.24.040 this correspondence shall serve as your official "Notice and Order" to Amy a fine of one thousand doUoos ($1000.00) for continued violations o/ the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties, The factors used by the City ofthe civil penalties were the past additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure Vocomply with the Temecula Municipal Code isalso o continuing criminal violatio and each violation ioomiodomoanorcarrying apotential penalty ufsix months injail and/or upmm$1.00Oper day fine. P|aaoo pay this fine within 30days ofissuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant toTIVIC1,21 If you have any questions regarding this matter, please contact maat (951)3024116. Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petruois.City A8umoy Amanda Moore, Manager Norman SSullivan, Property Manager xcivwxvm*vwo�uow��u�vm»mooum��aT�mvmm�� moscz02/Ao* City of Temecula F41 unity Development Department nforcement Division Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.tei-neculaca.gov CIVIL PENALTY NOTICE AND ORDER CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On December 11, 2021, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager 'C:ilyo rl�lllCCllril.U1'1jr1i1rC5�tiSofS?I'oln.Colei("()LE"Ticivilraenaties.�nxtinnk.41.IID C:2021.doc 0198 EXH 11 - 0131 pity of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.terrieculaca.gov CIVIL PENALTY NOTICE AND ORDER CNC Puma Corporation Egad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On December 17, 2021, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.610, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to ;gay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 1 T04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. if you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager `.cityciiemccula.�rslia�� sll.Jser51'['om.C"c�le:C'01.6"lcirilpenaEies.1`he6aok.g4.}7[)F.;('2U21.dcic 0199 EXH 11 - 0132 City of Temecula F unity Development Department nforcement Division Main Street • Temecula. CA 92590 Phone (951 ) :302-4 144 + Fax (951( 094-0487 • www.temeculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite 9300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On December 18, 2021, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. V Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC: 1.21. If you have any questions regarding this matter, please contact me at (951) 302A 116. Sincerely, Torn Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager �cityciilcanecula.or t5hares`a scts�lUrri.i;ole\C'C.3t.f';T civilpenaties.'Ihet3ank.45.1RtNi'C'202Ldoc 0200 EXH 11 - 0133 Ci�/ of Temecula [C Community Development Department MM C Code Enforcement Division el 4 1000 Main Street - Temecula, CA 92590 CNC Purna Corporation Brad Landon, for Service 27555YoozRoad Suite 11V Temecula CA82591 Re: 28O45Old Town Front Street, Temecula, CAH2590 On Daoembor31. 2021. 2021, 28645 Old Town Front G8aot, CA32580. was found to be in violation of Section � 17.04.010.(Conditional Use Permit), of the Temecula Municipal Code. Pumuan40uTamaou|aMunicipe|Codo0124.04Othimoonenpondenoeoha||oeneasyoorofficia|^Nohneand0nVer" to pay a fine of one thousand doUem $100000> for continued violations /f the Tomnnu|m Municipal Code § 17.04010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2.500.00) per day. 'The City Manager and/or his designee revonmy the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his dooigonm to determine the duration and daily amount o/the civil peno|Uoo were the past history of warnings and/or vikgions, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. P|oaao pay this fine within 30 days of issuance, If you wish to oon0ao\ this fine you must first pay the fine within 30 days Of issuance and then by completing a request for hearing form within 30 days, pursuant to TIVIC 1.21. Kyou have any questions regarding this matter, please contact meat(g51)302A110, Sincerely, Tom Cole Field Supervisor -Code Enforcement no: Brian Clements, Building Official . Luke Watson, Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman Sullivan, Property Manager �,c .46.311)e�;202/*vd.uoc 0201 Cit y of Temecula FCommunity Development Department Co�de Enforcement Division CNCPumaCorporation Brad Landon, Agent for Service 27555YnozRoad Suite 11O Temecula CA 92591 Re: 28G45Old Town Front Street, Temecula, CA92590 On January $r` 2022 28045 0d Town Front Street, CA92590. was found to be in violation of Section g 17.04.010\ (Conditional Use Pormit).ofthe Temecula Municipal Code. Pursuant V»Temecula Municipal Code §1,24.O40this correspondence shall serve aayour official "Notice and Order' to pay a fine of one thousand dn||am ($/80000) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2.50O.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager arid/or his designee to determine the duration and daily amount ofthe civil pona|Uoo were the past history of warnings and/or ckaUnoo, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. P|aana be advised that each failure Wcomply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail andfor up to a $1,000 per day fine. Please pay this fine within 3Odays ofissuance. |fyou wish <ocontest this fine you must first pay the fine within 3O days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. Kyou have any questions regarding this matter, please contact m*at(951)3O24118 Sincerely, Tom Cole Field Sopwminor-CodaEnforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petumim.-Ci\yAttorney Amanda Moore, Manager Norman S Sullivan, Property Manager xxwv �v ^rmvih.ieomuunmauok.4v.ono.zmo.mm.um �������� �~~�_ EXH11'0135 Cit _y of Temecula C Community Development Department mm C Code [Enforcement Division CNCPurna Corporation Brad Landon, Agent for Service 27555 Ynez Road SuUa11V Temecula CA82531 Re: 28645 Old Town Front Street, Ternecula, CA 92590 On January 08, 2022 28045Old ['own Front Street, CA 82598. was found to he in violation of Section § 17.04.010. (Conditional Use PormiU.ofthe Temecula Municipal Code. Pursuant VaTemecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine o/ one thousand dollars, ($1O00.00) for continued violations o/ the Temecula Municipal Code § 17.O4.O10.Continuing Violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred do||em ($2.50080) per day. The City Manager and/or his designee reserves the hAh1 to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City K4unoOor and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please beadvised that each failure tocomply with the Temecula Municipal Code |oalso a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine, P|euoa pay this fine within DVdmyu of issuance. If you wish to contest this fine you must first pay the fine within 30 days Of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. Ifyou have any questions regarding this matter, please contact mesd(951)3O24110 Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Potrusis.City Attorney Amanda Moore, Manager Norman SSullivan, Property Manager /cm�ov*^mm 1om��n*om� City of Temecula Community Development Department Cade Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.temecuiaca,gov CNC Puma Corporation Brad Landon, Agent for Service 27555 Ynez Road Suite 110 Temecula CA 92591 Re: 28645 Old Town Front Street, Temecula, CA 92590 On January 15, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010, Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine, Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager (":ltlser, lom.er. I�\AI7pD�t�t\Rc arnin ?MiGrosaflU'dc�rcf\AuteRueovery ave OrAuto2ecovery save (.-IF civil penaties.TlieBank.49.I5.1an.2022.asd.doc 0204 EXH 11 - 0137 City of Temecula Community Development Department Corte Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) .302-4144 • Fax (951) 694-6487 • www,te.rnectilaca.gov CNC Puma Corporation Brad Landon, Agent for Service 27555 Ynez Road Suite 110 Temecula CA 92.591 Re: 28645 Old Town Front Street, Temecula, CA 92590 On January 16, 2022, 2.8645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine, Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager C:\l.Jsers`,tcm.eoletAppf)atalRc>amine;`•.Miercasotl\Wcndlciailpenatii j� itigQ.ItiJan.2022.ascl.doc EXH 11 - 0138 city of Temecula Community Development Department Code Enforcement: Division 41000 Main Street • Temecula, CA 92590 Phone (951) 3024144 • Fax (951) 694-6487 • www.temeculaca.gov PENALTYCIVIL NOTICE AND CNC Puma Corporation Brad Landon, Agent for Service 27555 Ynez Road Suite 110 Temecula CA 92591 Re: 28645 Old Town Front Street, Temecula, CA 92590 On January 22, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04,010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302A116. Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager C:\ltsersltom.tole\AppDatatRnamin iMicrosoft`•.Worciicivil��euatic fjy�E 61.22Jan.202.2.asd.doc EXH 11 - 0139 G�/ Community Development Department CNC Puma Brad Landon, Agent for Service 27555YnozRoad Suite 11U Temecula CA 92591 Re: 28845Old Town Front Street, Temecula, CA825&0 On January 23.2022, 2B645[ld Town Front Street, CA92590.was found to be in violation ofSection §1T,04-010' (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code §124D40 this correspondence shall serve as your official "Notice and Order" to pay a finlo of onp thousand dollars ($1000 00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day, The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Maand daily amount of the civil penalties were Na past history of warnings and/oroitohonn. and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure tucomply with the Temecula Municipal Code is also continuing h inu| violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 38 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant toTMC121. Kyou have any questions regarding this matter, please contact memi(9G1)3U24118 Tom Cole Field Supervisor -Code Enforcement Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager City of Temecula Community Development Department Code Enforcement Division 4 Main Street • Temecula, CA 92590 Phoney (951) 302-4144 • Fax (951) 694-6487 • www.temeculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 27555 Ynez Road Suite 110 Temecula CA 92591 Re: 28645 Old Town Front Street, Temecula, CA 92590 On January 28, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Terecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine; of one: thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager C' ;t.lsen\tom.eote\App[ aui\Roaming\4licrow 11\Word\6viIpenatics.The[3ank. 53.281;tn.2022.asd.doc 0208 EXH 11 - 0141 G�/ of Temecula F41C Community Development Department mm C Code Enforcement Division 0001 000 Main Street 9 Ternecula, CA 92590 CNCpumaCorp*ratioo Brad Landon, Agent for Service 27555YnezRoad Suite 110 Temecula CA 92591 Re: 28G45Old Town Front Street, Temecula, CAQ25QO OnJanuary �2022,`28645Old Town Front Street, CA 92590,vas found to be in violation of Section §17.04O1O. (Conditional Use P*mi0.ofthe Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand duUmrs ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.V10Continuing violations ofthis ordinance will lead Vothe daily accrual ofCivil Penalties inanamount ofup0» two thousand five hundred dollars ($2.50O80)per day. The City Manager and/or his designee reserves the right 8u determine the daily amount assessed for any additional Civil Penalties, The factors used by the City Manager and/or his designee to determine the duration and daily amount ofthe civil penalties were the past history of' warnings and/or citaUone, and additional evidence, The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure *o comply with the Temecula Municipal Code is also continuing criminal violation and each violation is a misclerneanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 38days ofissuance. |fyou wish mcontest this fine you must first pay the fine within 3O days of issuance and then by completing a request for hearing form within 30 days, pursuant toTMC1.%1. Vyou have any questions regarding this matter, please contact meat (951)3024116 Tom Cole Field Supervisor -Code Enforcement co: Brian Clements, Building Official Luke Watson, Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager ommxmamin,AwmmmmWord\6w1p°na/ imTheBa ii k.54.29.1im�2022-asdAm 01/ of Temecula F41 unity Development: Department nforcement Division Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.terneculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 27555 Ynez Road Suite 110 Temecula CA 92591 Re: 28645 Old Town Front Street, Temecula, CA 92590 On February 04, 2022, 2022, 28645 Old 'Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1,21. If you have any questions regarding this matter, please contact me at (951) 302A116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager Users\.tons.cole.\AppUata\Roamina\Miaroso11\Word\civilpenaties:Thct3ailk, 55.04r'F 13.2022.md.&C. 0210 EXH 11 - 0143 Ci�/ F41C Community Development Department mm C Code Enforcement DMsion 0001 000 Main Street * Temecula, CA 92590 CNC Puma Corporation Brad Landon, Agent for Service Road Suite 11O Temecula CA 92591 R6:28045Old Town Front Street, Tomeoula.CA826QO February 05. 2022, 2022. 28045 OW Town Front Stree, CA 92590, was found to be in violation of Section § 1�(V4.V1O.(Conditional Use Ponnh),ofthe Temecula Municipal Code. Pursuant WTemecula Municipal Code §1,24.04Othis correspondence asyour official "Notice and Order" to\pay o fine of one thousand duUars ($1000,80) for continued violations of the Temecula Municipal Code § 17.O481O.Continuing violations ofthis ordinance will lead to the daily accrual u(Civil Penalties inooamount ofup0o two thousand five hundred dnUam($2.5VO.0O) per day. The City Manager and/or his designee reserves the right to determine the daily amountassessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to do$nnnino the duration and daily amount ofthe civil penalties were the past history ofwarnings and/or o|1uUonu, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please boadvised that each failure to comply with the Temecula Municipal Code is also continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30days ofissuance. |fyou wish *ocontest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant toTIVIC121 Ifyou have any questions regarding this matter, please contact memi(851)302411& Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, City Manager Jennifer Pokuois.City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager vg\wmmmovW`mNivi/nenm �6»5pso�uz�u. d� ������ pity ofTemecula Community !Development Department Cade Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone )95I) 302-4144 • Fax )951) 694-6487 • www.temeculaca,gov E CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On February 11, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17,04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1,24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one thousand dollars (1000.00) for continued violations of the Temecula Municipal Code § 17,04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Cade Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager itcltyofietne<:u la.or� isllai'e511lserslTc>m.0 t�leiC0lXT\ci vi Ipenatie024 Am Z 1 I T E132022.doc EXH 11 - 0145 icy of Temecula JCommunity Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.terytec:ulaca.gov Y s � CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On February 12, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17,04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager ltcityoItemecttla.or;~tihares\1.lsersl'Vom.0016COLti`I'1civiIpenatis021�c.�.12.FE B2022,doc EXH 11 - 0146 City of Temecula Community Development Department Code [Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.tenieculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On February 18, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000,00) for continued violations of the Temecula Municipal Code § 17.04,010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 3024116. Sincerely, Torn Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager ':\ci tyo Ren lecu la.o1-&hares\users\Tom.Co 16COLUPcivi Ipen alics/t'WV.Cy1. 18I"E82022.cloc EXH 11 - 0147 Ci�/ of Temecula C Community Development Department mm Code E, 41000 CNCPuma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, TerTiecula, CA 92590 On February 19 2022. 28045 Old Town Front Street, CA 92580 was found to be in violation of Section § 17.04.010, (Conditional Use PonnU).nfthe Temecula Municipal Code, Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued v|o|mUuno of the Temecula Municipal Code 5 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.0O) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The /adum used by the City Manager and/or his designee to determine the duration and daily amount nfthe civil penalties were the past history nfwarnings and/or citations, and additional evidence. The City Manager mndlbrhis designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure Ncomply with the Temecula Municipal Code is also a continuing criminalvio|ahun and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 3Odays ofissuance. Ifyou wish tocontest this fine you must first pay the fine within 3O days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1,21. If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor -Code Enforcement cc,. Brian Clements, Building Official Watson,Luke City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager -5. 19FEB2022.doc Cit of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951 ) 694-6487 • www,trmeculac:a.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On February 25, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to fray a fine of one thousand dollars ($1000.00i for continued violations of the Temecula Municipal Code § 17.04.010, Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951) 3024116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager ricityoflemecula.or sharestl sal \l"om.C:ole,C;Ol.,f: 1'icivilpt:ntitics1l1146.25hE732022.doc EXH 11 - 0149 City F41C Communfty Development Department mm C Code Enforcement DMsion 000, 000 Main Street - Temecula, CA 92590 CNCPuma Corporation Brad Landon, Agent for Service 28o93Old Town Front Street Suito#3O0 Temecula CA92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On February 28. 2022. 28845 ON Town Front Street, CAg259O. was found to be in violation ofSection § 17.04,010. (Conditional Use Permit), of the Temecula Municipal Code. Pursuant koTemecula Municipal Code § 1.24.040 this correspondence shall serve as Your official "Notice and Order" to pay a fine of one thousand doUas ($1000.00) for continued violations o/ the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred do||em ($2.500.00) per day. The City Manager and/or his designee memwoo the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee Vudetermine the duration and daily amount of the civil penalties were the past history of warnings and/or uiia8ona, and additional evidence. The Ljiy Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be od,bod that each 0mi|um 10comply with the Temecula Municipal Code is also a continuing i ioa| violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30days o/issuance. |fyou wish \ncontest this fine you must first pay the fine within 3O days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. Ifyou have any questions regarding this matter, please contact nma\(951)3O24118 Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager cvmxz��snoiw/venmicuJ»°ao k,6azorauzo z.(I�)c 0217 G�/ of Temecula Community Development Department mm Co�de [Enforcement Division 000 CNCPuma Corporation Brad Landon, for Service 28893Old Town Front Street Guite#3O0 Temeou|aCA9259O Re: 28845Old Town Front Street, Temecula, CAS25gO On March 4.2022, 28645Old Town Front Street, CA92590.was found to be in violation of Section §17�-010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant \oTemecula Municipal Code O1.24.040this correspondence shall serve anyour official "Notice and Orde/ to Pay a fine of one thou*and doUa 00) for continued violations of the Temecula Municipal Code 0 17,04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount Of LIP to two thousand five hundred dollars ($3.500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the pmx\ history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please beadvised that each failure tocomply with the Temecula Municipal Cod* is also continuing criminal violation and each violation is a misderneanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. P|ooao pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 38 days of issuance and then by completing a request for hearing forryi within 30 days, Pursuant to TMC 1.21. Ifyou have any questions regarding this matter, please contact meo4(951)3024118 Tom Cole Field Supervisor -Code Enforcement mz Brian Clements, Building Official Luke Watson, City Manager Jennifer Petrusis,City Attorney Amanda Moore, Manager Norman GSullivan, Property Manager xu*voomv��mamx ��m* �*o�mxnzo��* 0218 EXH11 '0151 City of Temecula F41 unity Development Department nforcement Division Main Street • Temecula, CA 92590 Phone (951) .302-4144 - Fax (951 ) 694-6487 + www.te.meculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temec:;ula, CA 92590 On March 5, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1,21, If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager ;\cityoRernecula.orglslmresN1.Jsers\roni.C'ol6COL.M16vilpcnatics.fjiyf l bWMAR2022.doc EXH 11 - 0152 pity of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone )951) 302-4144 • Fax (951) 694-6487 • www.temeculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #30D Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On March 11, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties, The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 3024116. Sincerely, Tom Cole Field Supervisor -Code Enforcement cc, Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager \cit'yoflemecula.or lshtire,\lJs�rs Iom.C;ole\C't:)LG`I"!civilpcnaties.'1'hetiaiik.6G.IIMAR2022.doc 0220 EXH 11 - 0153 icy of Temecula F unfty Devefapment Department nforcement Division Main Street • Temecula, CA 92590 Phone (951) 302-4144 •Pax (951) 694-6487 • www.temeculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On March 12, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager �eF ic:ityoilemec:ula.orgtshareslUsers\Tom.Cole\Ct:)t„ t: f'%civilpenaties.71ieBank.67.12MAR2022.doc 0221 EXH 11 - 0154 city of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951 ) 302-4144 • Fax (951 ) 694-6487 • www.tmieculaca.gov CNC Purna Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On March 18, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 3024116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, [deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager ;icityoiiemecula.arUlsh<sres\Users`I"in17.C.'alc\t;t7LE"C'\civiIpen atics. Hie Bank.68.18MAR2022.doc 0222 EXH 11 - 0155 pity of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951 ) 302-4144 • Fax (951 ) 694-6487 • www.temeculaca,gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On March 19, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17,04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cale Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager ilcilYoltemeeula.urntshnres\Lfserti f'eSm.C'c�I 01.X f"5civilpenati".1 hel3ank.69, I 9M A R2022.doc 0223 EXH 11 - 0156 City of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951 ) 302-4144 • Fax (951) 694.6487 • www.temeculaca.gov CNC Purna Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite ##300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On March 27, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04,010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager llcityt>(lcmecula.or isharesa sersClom.(:'olel(:'(:1LC>"iici�ilpenaiics."rltiet3ank.70.27MAR?(i22.doe 0224 EXH 11 - 0157 City of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) .302-4144 • F<ax (951) 694-6487 • www.ternec:uiac:a.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On March 28, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17,04.010 (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thmi"aaui dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager ?\cityollell lee ula.t>rglshares,Users corn.(.'olelCOLE"t'tcivilpi_natics.'f'heBank.7I.218MAR2022..doc 0225 EXH 11 - 0158 G of Temecula Community Development Department Code Enforcement Division 41000 Main Street • TefTte<:ul2r, CA 92590 Phone (95I) 302-4144 • Fax (951) 694-6487 • www.ternecula(:a.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On April 1, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04,010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17,04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager C' •.1.lsersitom.cole�AppDato\Roaming\.Microso11"Wo •d;ALit oReQovory save of eivilpenaties.TiieBank.72.OI APR2022.ascLd{ic 0226 EXH 11 - 0159 cif of Temecula Community Development Department Cade [Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.terrieculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On April 2, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24,040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04,010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. It you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager C::Wsetsttc�nr.cote\AF13Daiall2cratninctMierosoft\Word\Autpttecovvty carve ofcivilpeneties:t-ltcB;iiik.73.0?APit2i122.asd.doe 0227 EXH 11 - 0160 Cltv�-�T- Temecula �~� / -^ Community Development Department Code Enforcement Division � 4|0VVMain Street , Temecula[x92sV0 CNCPumo Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Streat, Temecula, CA 92590 OnApril 8,2022.2864 Old Town Front Street, CA92590.was found VoLe inviolation ofSection §17{4.010, (Conditional Use Permit).of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1,24,040 this correspondence shall serve as your official "Notice and Order' to pay u fine of one thousand dollars ($108000} for continued viu|abn"u of the Temecula Municipal Code § 17.04,010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars (*2.500D0) per day. The City Manager and/or his designee raaorvno the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee 0odetermine the duration and daily amount cfthe civil penalties were the past history of warnings and/or oitmhonu, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure hocomply with the Temecula Municipal Code is also acontinuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail arid/or up to a $1,000 per day fine. Please pay this fine within 3Odays u(issuance. |fyou wish tocontest this fine you must first pay the fine within 3O days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact meN(951)302-4116. Tom Cole Field Supervisor -Code Enhonmmeo1 cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager icrm of ies.nieBwk.74mmI'IR2022,iscmw 0228 EXH11'0181 city of Temecula F unity Development Department nforcement Division Main Street • Terne:cuia, CA 92590 Phone (951 ) 302-4144 • Fax (951 ) 694-6487 • www_ternectilac.a.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On April 9, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager C:1Usersltc+m.coletAtap1)1t11Ronill ing,\Micros«fMordVVitoR"overy save of civilpeti iries.'1'het:Sank.` 5.09APR2022.asd.doc 0229 EXH 11 - 0162 pity of Temecula F mmunity Development Department e Enforcement Division 00 Merin Street - Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.temecuiaca.gov r CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On April 15, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pray ra first: of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties, The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per.day fine. Please pay this tine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager C:\lisersuont.crtie\Appi:)aiaToamin,\Microw 11\word\Autoi'tecoaetYil fivilpenaties. I'heBank.7ti.1 SAIIR2022.asd.dc)c EXH 11 - 0163 City of Temecula Community Development Department Cade Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951 ) 302-4144 • Fax (951) 694-6487 • www.terr7ec:ula(:a.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On April 16, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1,24,040 this correspondence shall serve as your official "Notice and Order' to ;gay a fins* of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17,04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily arnount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cale Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager C':\[Jsersltonl tole\Appr7atMlIoaming\Microsoft`•.Word\AutoRecovd!v� If 1penaties.DeBank.77.16APR2022.asd,Me EXH 11 - 0164 G�y f Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951 ) 302-4144 • Fax (951) 6946487 www.temeculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On April 29, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24,040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.,04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any'questions regarding this matter, please contact me at (951) 302•-4116, Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Arnanda Moore, Manager Norman S Sullivan, Property Manager C`:\l sersitunt.cole.�ppC)ataiCtc>aminpiMict-o.wfl"Wt>rd\AWoCtecuve y2corciviipetiatim,nicBank.78.29APR2i122.aW,doe EXH 11 - 0165 fit/ of Temecula Community Development Department Cade Enfarcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.temeculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On April 30, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17,04,010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17"04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. if you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please; contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager (.';`.l!ae.rs;tan'i.cgieiAppi.7atertf2o{ruing?tt1icrc}safi?Worci'cAutctft cost ry savc oi'civilpeiiriies.`fltel:1,it7k.79,30APR2022.asrl.cicic 0233 EXH 11 - 0166 city of Temecula F unity Development Department nforcement Division Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 6946487 • www.temeculac4-a.gov PENALTYCIVIL NOTICE ORDER CNC Puma Corporation Farad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On May 6, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as Your official "Notice and Order" to pray a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17,04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Nadya Bagdasarian Code Enforcement Officer 11 cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager C':ilisers\tom.cote''EApl�l')ata112aamin�,lMierc>sciR`:Wordl,�utoRccov6 save t)t'civilpenaties.'Flicf3ank.90.06MAY2022. €sd.doc 234 EXH 11 - 0167 G�/ C Community Development Department Purna Corporation Brad Landon, Agent for Service 2O6R3Old Town Front Street Suite #3O0 Temecula CAg25g0 Re: 28645 Old Town Front Street, Temecula, CA 92590 On May 7, 2022, 28645 0W Town Front Street, CA 92590. was found to be in violation of GooUon Q 17.84,010. (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code §124.040this correspondence shall serve as your official "Notice and Order' to pay o fine of one, thousand duUam ($1000.00) for continued violations of the Temecula Municipal Coda § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2'580V0) per day. The City Manager and/or his designee moemoe the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or oitabona, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please headvised that each faUure,Vncomply with the Temecula Municipal Code isalso ucontinuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or tip to a $1,000 per day fine. Please pay this fine within 30days of issuance. If you wish to contest this fine you must first pay the fine within 30 days ofissuance and then bycompleting arequest for hearing form within 3Odays, pursuant toTINC121 If you have any questions regarding this matter, please contact me at (951) 302-4116, Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager 1penatim Fhellinkx/mmmz�.as,(idoc City of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 . Fax (951) 694-6487 • www.temeculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On May 13, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17,04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The .factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager \\Otyoflemecula. org\shares\users\Tom. Cole\COLETtcivi Ipenaties. TheBank.82.13 MAY2022. doe 0236 EXH 11 - 0169 Cit y of Temecula F41 unity Devetnpment Department rrinrcement Division Main Street • Temecula, CA 92590 Phone (951 ) 302-4144 • Fax (951) 694-6487 • wvvw.temeculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On May 14, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 124.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager 1\cityoRemecula.org\shares\usersYf'om.C:olc\C:OI..F>'lleivilpensrties 't'heBank.83.14MAX2022.doc ®237 EXH 11 - 0170 G�/ of Temecula [Community Development Department mm CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 2O045Old Town Front Street, Temecula, CA82588 On May 20.2022.28645Old Town Front Street, CA92590.was found to be in violation ofSection y17�.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve an your official "Notice and Order" to pay a title ot one thousand dollars ($1000-00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred doUam($2.50O.UO) per day, The City Manager and/or his designee reserves the hghtVu determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his to determine the duration and daily amount of the civil penalties were the past history of warnings and/or uhaUono, and additional evidence. The City Manager and/or Na designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advisedthateanhhai|ueNonmp|ywiUhtheTemv*u|aMuoicipa|Codoioolsoanordini criminal violation add each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days Of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21, Kyou have any questions regarding this matter, please contact moat (951)3024116, Sincerely, Tom Cole Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Luke Watson, City Manager Jennifer petrusis.City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager EXH11'0171 city of Temecula FC unity Development Department nforcement Division Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951( 694-6487 • www.temecul,�tca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On May 21,2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17,04,010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2;500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tort? Col(:.. Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building (Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager t`:citye flemscuhi.ur lsh<zeesUJsi^rst`1'ani.C'olelC't7hr'ricivillaenatiia.�jt15 : . Ih1AY`2022.doe EXH 11 - 0172 G�/ of Temecula Community Development Department Code Enforcement Division 4 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.temeculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite 4300 Terecula CA 92590 Re: 28646 Old Town Front Street, Temecula, CA 92590 On May 27, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17,04,010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to fray a fine of one thousandi dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six rnonths in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 30241116, Sincerely, Torn Cale Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager liciryaAamecula.or tsharestrlscrsl"C'cnr.Cnle\C:C71...C.T civillycnntice.ThsfSank.86.27MAY2022.doc 0240 EXH 11 - 0173 fit/ of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.temeculaca.gov 3 "Aft"TSM b..' CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On May 28, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a hrte of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04,010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 3024116 Sincerely, Tom Cole Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager k:ityi�fiemecula,or ishures\Users 1 c�m.Cute\C:'t)t,E'l iciviipenaties:'IheBank.87.28MAY2022.doc 0241 EXH 11 - 0174 Cltv~ ol- Temecula Community Development Department Code Enforcement Division ^ CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28845Old Town Front Street, Temecula, CA92500 On Juno 3, 2022 29645 Old Town Front Street, CA 92580, was found to be in violation of Section § 17&4,010, (Conditional Use PormiV.ofthe Temecula Municipal Code. Pursuant to Temecula Municipal Code §1.24.040this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand duxars ($100O.00) for continued violations of the Temecula Municipal Code § 17�4.D1D,Comhnuingvio|oUonuufthis on}inanoowill lead mthe daily accrual ufCivil Penalties inanamount oftip Vo two thousand five hundred dollars ($2.500.00) per day. The City Manager and/or his designee rnoomou the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to d*1annino the duration and daily amount of the civil peno|boa were the past history of warnings and/or ohodono, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily arnount assessed for any additional Civil Penalties. P|oume be advised that each failure tocomply with the Tomoou|o Municipal Coda isalso a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 3Ddays ofissuance. |fyou wish Vocontest this fine you must first pay the fine within 3O days of issuance and then by completing a request for hearing form within 30 days, pursuant to TIVIC 1.21, Kyou have any questions regarding this matter, please contact nmai(951)3024118 Tom Cole Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson. Deputy City Manager JenniherPetrveio. City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager xu''onmn,uu��um��o��non.cw,xzusnciwliow,ies. nea:k.oum/owzmzdoo ���� �.��~m�� Ctty�f �Te�m�ecu�la�.. ICommunity Development Department Code Enforcement Division CNCPuma Corporation Brad Landon, Agent for Service 28083Old Town Front Street Gvite#308 Temecula CA025AO Re: 28845Old Town Front Street, Temecula, C8025S8 �June �2022, 28645Old Town Front Street, CA 92590.was found to be in violation of Section §17.04M0, (Conditional Use PennW.nfthe Temecula Municipal Code. Pursuant to Ternecula Municipal Code § 1.24,040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one Uhoumand dollars ($1080D0) for continued violations of the Temecula Municipal Code § 17*O4D10. Continuing v�|ohuna��this ordinance v�|! lead Vzthe daily auruu|ofCi�| Penalties in unamount o(up8z bw�1houeuod five hundred Uo||am($2.5OO.O0) per day. The City Manager arid/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history ofwarnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right \odetermine the daily amount assessed for any additional Civil Penalties, Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 3Vdays ofissuance. |/ you wish !ocontest this fine you must first pay the fine within 3O days of issuance and then by completing a request for hearing form within 30 days, pursuant to TIVIC 1.21. Ifyou have any questions regarding this matter, please contact moei(951)3O24110 Tom Cole Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Fetrusis,City Attorney Amanda Moore, Manager Norman SSullivan, Property Manager vmity000vcco sT\6u1enat io�.neomk.89.04iuw2022 am ��^�^� ����.�~= City of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (95 I) 302-4144 • Fax (951) 694-6487 • www.terneculara.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On June 10, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17,04,010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1,24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of ono thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04,010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties, Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager ciryotlentecula,trrtishaios\useisi'ront.C'ole;CC)CET\caul Ipenaiies.Tlicliank.90.I0,1UN2022.doe 0244 EXH 11 - 0177 City of Temecula Community Development Department Cade Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.temecufaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On June 11, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24,040 this correspondence shall serve as your official "Notice and Order` to pay a fine of one thousand doil<ar> ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1,21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager ��C 11 y'Otll:Cl'fGt;t1I3.01'!;iSi18f�:SiUSBYS� I gfSl.�. OI4't�.Ut,.f. t tq \•II�CI1IilICS. I ItCB�CSIL.t� I . I I.lUN2022,doc 0245 EXH 11 - 0178 fit/ of Cammunity Development Department Code Enforcement Division 41000 Main Street • i ernecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694•6487 • www.temeculaczi.gov l 4 V CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On June 17, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1,24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will' lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the tine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951) 302-4116, Sincerely, Tom Cale Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager \t�ityc�ilemecula.�r<„lsh:tres\uset�si"foitt.C��letCOL �"I''•.r.i vi Ipenaties.'C'17r.Bank.92. ! 7J tJ N2�22.tic5c. 0246 EXH 11 - 0179 City f T men cul a� Community Development Department Code Enforcement Division 41000 Main Street • Temeatla, CA 92590 Phone (951) 302-4144 - Fax (951) 694-6487 • www,temeculaca.gov r CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On June 18, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1,24,040 this correspondence shall serve as your official "Notice and Order' to' pay a fine of one; thousand rJollars ($1000.00) for continued violations of the Temecula Municipal Code § 17,04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager \icityoliet7iecula.or zlsharrst�isersl'T c)nt.(:'ole!(:"C)l.li 1•`•.eivilpenaties."rlteCiank.9 181uN2422.doc 0247 EXH 11 - 0180 City of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Ternecula, CA 92590 Rhone (951 ) 302-4144 o Fax (951) 694-6487 • www.terrieculaca.gov CNG Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On June 24, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17,04,010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1,24,040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cale Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager ;\cityoii ni�curt..rar \str<�resliisers�l im.Csale\C'cJLETlc:ivilpenalies.'nccnank 94.24RIN2022.doc 0248 EXH 11 - 0181 City of Temecula Community Development Department Code IEnforcement Division 4 1000 Mein Street > Temecula, CA 92.590 Phone (951 ) 302-4144 • Fax (951) 694.6487 • www.temeCUIi.1Ca.g0v CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On June 25, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24,040 this correspondence shall serve as your official "Notice and Order" to pay sa fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951) 3024116 Sincerely, Tom Cole Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager ikc,ityortcm4cuti;nciviIpenatics.TheBank.95.25.It1N2(i22.doc 0249 EXH 11 - 0182 cif of Temecula Community Development Department Code [Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.te:meculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On July 1, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to.pay a fine of one thousand dollars (SION).00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1,21. If you have any questions regarding this matter, please contact me at (951) 302.4116. Sincerely, Tom Cole Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager i\ciryt�fient:cola.+erg"tsharr^.s''�l!sers�:l�otn,C'crle\C'C)L,t 'I l�ivilpeni7ties.'nc�:i3:+trk �16.0 i J L: L�(12?..tlor. 0250 EXH 11 - 0183 G/ of Temecula Community Development Department Code !Enforcement Division 41000 Main Street • 1"ernecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.temeculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 'Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On July 2, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine; of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010, Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302A116, Sincerely, Tom Cole Field Supervisor - Code Enforcement Officer ccI Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager };CIfy011Ctlif:i'.ula.of 1SI1k1i'eS1.t!lei'y?T6111.(.,o1e\ 'e?t.E'NiviIpe atics. rliel3ai)k 97.02.1U1..2022.doc 0251 EXH 11 - 0184 City of Temecula F unity Development Department nforcement Division Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951 ) 694-6487 • www,teri-ie(:ulacai.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On July 15, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use, Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one thousand dollarrs ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager `,icityollemecula.org\sharestl,isen;"1'ant.C'c>leiC'(JI..I 1'het3ank 9&.1.5JU1,24"_2.doc 0252 EXH 11 - 0185 G y of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 < Fax (951) 694-6487 • www.temeculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On July 16,.2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1,24.040 this correspondence shall serve as your official "Notice and Order' to fray a fine: of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951) 3024116 Sincerely, Torn Cole Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager tciryoliemeeuIa. or*ishares'.ls'scrs I"t7m.t:'utetCt)1..F..r:.civilpenaties."rlie Bank.9r).161Ut..2022.doc Ely4*1 EXH 11 - 0186 City of Temecula Community Development Department Cade Enforcement Division 41000 Main StrE'et • Tern€ (:ula, CA 92S90 Phone (951 ) 302-4144 • Fax (951 ) 694-6487 • www.temeculaca.gov CNC Purna Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On July 22, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to [Dray a fine of one thousand dollars W000.00) for continued violations of the Temecula Municipal Code § 17.04,010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in }ail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Salomon, Property Manager ,.tc ilyuileinecula.org'shares l!ser�\Tdam.(:'nle\t:'OL.[:: (iciviipenaties. rheCiank.) 00.221U1..2t}22.doc 0254 EXH 11 - 0187 G ofTemecula Community [development Department Code Enforcement [division 41000 Main Street • Temecula, CA 92590 Phone (9 51) 30.2.4144 • Fax (951) 694-6487 • www.terrreculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On July 23, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17,04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Solomon, Property Manager •.\ciryc liernecula.crrslshare;sltisersir<�ni.('olEt(:'()L.L"1'icivilpenaties.'I'hel3,ink.101.2.3JU1..20:22.duc 0255 EXH 11 - 0188 city of Temecula FCode unity Development Department nforcementDivision Main Street • Ternecula, CA 92590 Phone (951) 302 4144 • Fax (951) 694-6487 • www.tetneculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Flo: 28645 Old Town Front Street, Temecula, CA 92590 On July 29, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Terecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" tad pay a fine of one thousand dollars ($1000,00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Thhe factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Code Enforcement Field Supervisor cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Solomon, Property Manager cicyi>ftemecuta.pr lshares!l,s rst"I'oni.('ote1C'OL,tT`civilpenaties.rheBank.102.29JUL2022.dvc 0256 EXH 11 - 0189 city of Temecula F4�1000!Main unity Development Department Codenforcement Division Street • Temecula, CA 92590 Phone (95 1) 302-4144 • Fax (951) 694-6487 • www.temeculaca.gov '\ ; 1'11',9uWaw;W'H CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On July 30, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine; of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Nadya Bagdasarian Code Enforcement Officer II cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Solomon, Property Manager t\cityo!Iernecula.orp\SharesWSol s:1 ollI.C,ole1t.,0LE 1ICIvlIpenaiies. I heBank.I03.30:1 A..2022.doc 0257 EXH 11 - 0190 ON of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951 ) 694-6487 • www.teirieculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On August 5, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1,24,040 this correspondence shall serve as your official "Notice and Order" to fray a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 3024116 Sincerely, Tom Cale Code Enforcement Field Supervisor cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Solomon, Property Manager ttcityoltcmes;ula.or tsharesiUscrs'.Tom.C'olet(`C>1.t%1'lcivilpenaiies.Tiiel3nnk. HXOSrU. G2022.doc 0258 EXH 11 - 0191 pity of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92.590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.temeculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92 590 On, August 6, 2022, 28645 Did Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00} for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you roust first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1,21. If you have any questions regarding this matter, please contact me at (951) 3024116, Sincerely, Tom Cale Code Enforcement Field Supervisor cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Solomon, Property Manager i`•.citycii'temacula.cir i,h.trey\tJscrsi"tam.Ci IciC;Cil,ts1 civilr?enatie :l'heE3 nk.105.06AUG2022.doe. 0259 EXH 11 - 0192 City of Temecula F unity Development Department nforcement Division Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.terneculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Fie: 28645 Old Town Front Street, Temecula, CA 92590 On, August 12, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to.; pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Nadya Bagdasarian Code Enforcement Officer 11 cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Solomon, Property Manager l;cityaftemecula.crr \ 17:Tres`•l)sers`•Tom.C:�ile\t:;C>l [ T'teivilpenaties.'t'hel.iank.1ti6.12AUG202'2.doc 0260 EXH 11 - 0193 G of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone )951) 302-4144 • Fax )951) 694-6487 • www,tetneculaca.gov CNC Purna Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On, August 13, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a Mine of one thousand dollar; ($1000.00) for continued violations of the Temecula Municipal Code § 17,04.01.0. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties, The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302.4116. Sincerely, Maria Romine Senior Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Solomon, Property Manager ciryofl4niacular.c r lsharvsU ers`.1'an.Cole1(.'01...E Tk:ivilpetraties.Tlie-l'3ank.IO'7.13AUG2022.(k)c 0261 EXH 11 - 0194 G�y C Community Development Department CNCPuma Corporation Brad Landon. Agent for Service 28GS3Old Town Front Street Suite#300 Temecula CA82590 Re: 28045CUdTownFront Street, Tomeoula.C49259O On 19\ 2022. 28645 OW Town' Front Street, CA9259O. was found to be in violation of Section § 17.04,010. (Conditional Use Pormit).of the Temecula Municipal Code. Pursuant to Temecula Municipal Code §1.24.040 this correspondence shall serve asyour official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17,D4.O1U,Continuing violations cf this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars (s2.500.00)per day. The City Manager and/or his designee reserves the right *u dehanninmthe daily amount assessed for any additional Civil Penalties. The factors used bythe City Manager dnd/orh to determine the duration and daily amount of the civil penalties were the past history of warnings and/or cdmtimno, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties, P{omme be advised that each failure tucomply with the Temecula Municipal Coda iualso mcontinuing criminal violation and each violation ioamisdemeanor carrying apotential penalty ofsix months injail and/or uphnm$1.O8Oper day fine. Please pay this fine within 30days of issuance, If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing arequest for hearing form within 30 days, pursuant tolIVIC1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116. Tom Cole Field Supervisor Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Pmmsis.City Attorney Amanda Moore, Manager Norman S Solomon, Property Manager /9Am62022.dtic Cit/ of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951( 302-4144 • Fax (951) 694-6487 • www.temectilaca.gov ♦1 �. �: t1w yyy��� �yy CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite ##300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On, August 20, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to -pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duialiun and daily amount of the civil penalties were the past' history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor Code Enforcement cc, Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Solomon, Property Manager 1;cirytsftcmecida.orp\stsares 119ersiTom.<:'oleS(:'OLE'i\civilpmarie;s.Tlsel3itnk.I09.20AOG2022.rloe 0263 EXH 11 - 0196 EXHIBIT 12 0264 EXH 12 - 0197 1 1086-0773\2711254vl.doc City of Temecula F unity Development Department nforcement Division Main Street - Temecula, CA 92590 Phone (951 ) 302.-4144 - Fax (951 )694-6487 - www temeculaca.gov Zip Third Investments, LLC 3055 Wilshire Blvd Suite 1010 Los Angeles CA 90010 Attention. Norman S Sullivan Re: 28645 Old Town Front Street, Temecula, CA 92590 The purpose of this correspondence is to inform you that activities that are violating the Temecula Municipal Code are occurring at your property from the tenant operating as The Bank. Ongoing and current violations include the business being open beyond the permissible operating time of 11:00PM. The City of Temecula Code Enforcement has been issuing, and will continue to issue, civil penalties for these violations. If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor -Code Enforcement City of Temecula cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney V;utyoftemecula or,tshares.UserstTom CoIe\COLE RPropenyOw02CM0AUG2021 doc EXH 12 - 0198 EXHIBIT 13 loyl-11 EXH 13 - 0199 1 1086-0773\2711254vl.doc cc.. Kafnx.G 1�v Gtv of Temecula Community Development 4 T 000 Main Street • Temecula, CA 92590 Phone 19511694-6400 • Fax 1951) 694-6477 • TemeculaCA.gov CERTIFIED MAIL RETURN RECEIPT REQUESTED May 19, 2022 CNC Puma Corporation Brand Landon, Agent for Service of Process 27555 Ynez Road, Suite 110 Temecula, California 92591 Craig Puma The Bank 28645 Old Town Front Street Temecula, California 92590 Amanda Moore, CEO 28645 Old Town Front Street Temecula, California 92590 Re: Notice Pursuant to Temecula Municipal Code section 17,03.085 that the Planning Director Recommends that Conditional Use Permit PA12-0041, PA08-0236, and PA07-0314 for the Property Located at 28645 Old Town Front Street Be Revoked Dear CNC Puma Corporation, Mr. Puma, and Ms. Moore: On April 18, 2022, I resent you a notification pursuant to Temecula Municipal Code section 17.03.085 that I am recommending that Conditional Use Permit PA12-0041, PA08-0236, and PA07-0314 (collectively "CUP") approved by the City of Temecula Planning Department be revoked. The CUP allows the property located at 28645 Old Town Front Street in the City of Temecula, which is currently operated as The Bank, to hold a Type 47 ABC license and to allow for dinner entertainment for the purpose of providing background music at an existing restaurant, subject to the Conditions of Approval ("Conditions"), which are enclosed. Because my April 18, 2022 letter contained the wrong Conditions of Approval for the PA08-0236, I am resending the notification with the correct enclosures. My recommendation that the CUP be revoked is based on The Bank's persistent violations of the CUP's Conditions as detailed below: Ilyt-1VJ EXH 13 - 0200 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 2 Condition No. 12 1. According to Condition No. 12 of PA12-0041, the regular hours of operation shall be as follows: Monday -Thursday 1 I a.m. to 10 p.m., Friday 1 I a.m. to 1 I p.m., Saturday 8 a.m. to 1 I p.m. and Sunday 8 a.m. to 10 p.m. On holidays (including Cinco De Mayo) the facility shall be permitted to close at midnight. 2. Also according to Condition No. 12 of PA12-0041, the sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday, and the sale of alcoholic beverages shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. 3. Violations: Since at least February 2021, the owners, operators, and/or managers of The Bank restaurant, have violated the permitted operating hours and have consistently operated the restaurant past 1 I p.m, on Friday and Saturday nights and have sold alcoholic beverages to patrons after 11 p.m. on Friday and Saturday nights. As of the date of this letter, the City of Temecula has issued at least the following administrative citations and civil penalties for violating this Condition: • March 5, 2021 $50.00 Citation (Paid) • March 6, 2021 $150.00 Citation (Paid) • March 12, 2021 $250.00 Citation (Paid) • March 19, 2021 $250.00 Citation (Paid) • March 20, 2021 $250.00 Citation (Paid) • March 26, 2021 $250.00 Citation (Paid) • March 27, 2021 $250.00 Citation (Paid) • April 2, 2021 $250.00 Citation (Paid) • April 9, 2021 $250.00 Citation (Paid) • April 10, 2021 $250.00 Citation (Paid) • April 13, 2021 $250.00 Citation (Paid) • April 16, 2021 $250.00 Citation (Paid) • April 17, 2021 $250.00 Citation (Paid) EXH 13 - 0201 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 3 • April 23, 2021 $250.00 Citation (Delinquent) • April 24, 2021 $250.00 Citation (Delinquent) • April 30, 2021 $250,00 Citation (Delinquent) • May 1, 2021 $250.00 Citation (Delinquent) • May 7, 2021 $250,00 Citation (Paid) • May 8, 2021 $250.00 Citation (Paid) • May 14, 2021 $250.00 Citation (Delinquent) • May 15, 2021 $250.00 Citation (Delinquent) • May 21, 2021 $250.00 Citation (Delinquent) • May 22, 2021 $250.00 Citation (Delinquent) • June 4, 2021 $250.00 Citation (Delinquent) • June 5, 2021 $250.00 Citation (Delinquent) • June 11, 2021 $250.00 Citation (Delinquent) • June 12, 2021 $250.00 Citation (Delinquent) • July 2, 2021 $250.00 Citation (Paid) • July 3, 2021 $250.00 Citation (Paid) • July 27, 2021 $1,000 Civil Penalty (Paid) • July 30, 2021 $1,000 Civil Penalty (Paid) • July 31, 2021 $1,000 Civil Penalty (Paid) • August 1, 2021 $1,000 Civil Penalty (Paid) • August 6, 2021 $1,000 Civil Penalty (Paid) • August 7, 2021 $1,000 Civil Penalty (Paid) • August 8, 2021 $1,000 Civil Penalty (Paid) 0269 EXH 13 - 0202 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 4 • August 13, 2021 $1,000 Civil Penalty (Paid) • August 14, 2021 $1,000 Civil Penalty (Paid) • August 20, 2021 $1,000 Civil Penalty (Paid) • August 21, 2021 $1,000 Civil Penalty (Paid) * August 27, 2021 $1,000 Civil Penalty (Paid) • August 28, 2021 $1,000 Civil Penalty (Paid) * September 4, 2021 $1,000 Civil Penalty (Paid) • September 10, 2021 $1,000 Civil Penalty (Paid) • September 18, 2021 $1,000 Civil Penalty (Paid) • September 24, 2021 $1,000 Civil Penalty (Paid) • September 25, 2021 $1,000 Civil Penalty (Paid) • October 1, 2021 $1,000 Civil Penalty (Paid) • October 2, 2021 $1,000 Civil Penalty (Paid) • October 8, 2021 $1,000 Civil Penalty (Paid) * October 9, 2021 $1,000 Civil Penalty (Paid) • October 15, 2021 $1,000 Civil Penalty (Paid) • October 16, 2021 $1,000 Civil Penalty (Paid) • October 22, 2021 $1,000 Civil Penalty (Paid) • October 23, 2021 $1,000 Civil Penalty (Paid) • October 30, 2021 $1,000 Civil. Penalty (Paid) • October 31, 2021 $1,000 Civil Penalty (Paid) • November 5, 2021 $1,000 Civil Penalty (Paid) • November 6, 2021 $1,000 Civil Penalty (Paid) 0270 EXH 13 - 0203 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 5 • November 12, 2021 $1,000 Civil Penalty (Paid) • November 13, 2021 $1,000 Civil Penalty (Paid) • November 19, 2021 $1,000 Civil Penalty (Paid) o November 20, 2021 $1,000 Civil Penalty (Paid) • December 3, 2021 $1,000 Civil Penalty (Paid) • December 4, 2021 $1,000 Civil Penalty (Paid) • December 10, 2021 $1,000 Civil Penalty (Paid) • December 17, 2021 $1,000 Civil Penalty (Paid) • December 18, 2021 $1,000 Civil Penalty (Paid) • December 31, 2021 $1,000 Civil Penalty (Paid) • January 7, 2022 $1,000 Civil Penalty (Paid) • January 8, 2022 $1,000 Civil Penalty (Paid) • January 15, 2022 $1,000 Civil Penalty (Delinquent) • January 16, 2022 $1,000 Civil Penalty (Delinquent) • January 22, 2022 $1,000 Civil Penalty (Delinquent) • January 23, 2022 $1,000 Civil Penalty (Delinquent) • January 28, 2022 $1,000 Civil Penalty (Delinquent) • January 29, 2022 $1,000 Civil Penalty (Delinquent) • February 4, 2022 $1,000 Civil Penalty (Delinquent) • February 5, 2022 $1,000 Civil Penalty (Delinquent) February 11, 2022 $1,000 Civil Penalty (Delinquent) • February 12, 2022 $1,000 Civil Penalty (Delinquent) • February 18, 2022 $1,000 Civil Penalty (Delinquent) ................. ...._ ...... ..._ ... EXH 13 - 0204 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 6 • February 19, 2022 $1,000 Civil Penalty (Delinquent) Although City staff has explained the permitted operating hours to management of The Bank, the restaurant continues to violate Condition No. 12 of PA12-0041 and it routinely operates and sells alcoholic beverages past 11 p.m. on Friday and Saturday nights. Condition No. 28.c. 4. According to Condition No. 28.c. of PA12-0041, licensees may not permit their licensed premises to become a disorderly house. A disorderly house is defined as including a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise and loud music and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises includes the parking lot. 5. Violations; Between April 2, 2021 and July 3, 2021, the City issued the administrative citations listed below for violating the noise standards contained in Temecula Municipal Code section 9.20.040. Specifically, music played through outside speakers at the restaurant violating the maximum noise level of 70 dba for exterior noise at a commercial property. • April 9, 2021 $50.00 Citation (Paid) • April 10, 2021 $150.00 Citation (Paid) • April 16, 2021 $250.00 Citation (Paid) • April 17, 2021 $250.00 Citation (Paid) o April 23, 2021 $250.00 Citation (Delinquent) • April 24, 2021 $250.00 Citation (Delinquent) • April 30, 2021 $250.00 Citation (Delinquent) o May 1, 2021 $250.00 Citation (Delinquent) • May 8, 2021 $250.00 Citation (Paid) • May 14, 2021 $250.00 Citation (Delinquent) • May 15, 2021 $250.00 Citation (Delinquent) • May 21, 2021 $250.00 Citation (Delinquent) • May 22, 2021 $250.00 Citation (Delinquent) EXH 13 - 0205 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 7 • July 3, 2021 $250.00 Citation (Paid) • July 2, 2021 $250.00 Citation (Paid) • June 11, 2021 $250.00 Citation (Delinquent) • June 12, 2021 $250.00 Citation (Delinquent) 6. Violations: It has been the experience of the Riverside County Sheriff's Department that there have consistently been numerous instances of disturbances, assaults, batteries, public intoxication, and other crimes on The Bank's premises and in the immediate vicinity of The Bank. In January 2022, there was a shooting on The Bank's premises in which a former employee of The Bank was killed and two other individuals were seriously injured. The shooting occurred approximately an hour after The Bank should have been closed for the evening, yet The Bank was still operating in violation of Condition 12 of PA 12-0041. The former employee and victim of the shooting had been involved in a physical altercation at The Bank months before the shooting. According to the Riverside County Sheriff's Department, The Bank used unlicensed security guards, some of which had criminal backgrounds, and this decision to use unlicensed security guards contributed to the criminal activity at The Bank. Revocation Process This notification is also being sent to the City Clerk. Pursuant to Temecula Municipal Code ("TMC") Section 17.03.085(A)(1)(b), the City Clerk will refer this matter of revocation to the California Office of Administrative Hearings for an assignment to an administrative law judge to serve as an independent hearing officer. Pursuant to TMC Section 17.03.085(A)(1)(4), a public hearing shall be held before an independent hearing officer to determine whether there are grounds to revoke the permit. Pursuant to TMC Section 17.03.085(A)(1)(5), the independent hearing officer may revoke a permit, or impose or modify any conditions imposed on the permit if he or she finds that any of the following findings can be made: a. That the permit was obtained by omission, misrepresentation, or fraud; b. That any of the conditions of approval for the permit have not been met, or the use is operating in a manner that is inconsistent with any of the conditions of approval; C. That the use for which the permit was granted is operating in violation of any statute, ordinance, law or regulation; d. That the permit is being exercised in a way that is detrimental to the public health, safety or welfare or constitutes a nuisance. [1Y*,JKj EXH 13 - 0206 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 8 You will receive notice regarding the date scheduled for the hearing. During the hearing, you and any other member of the public will be provided an opportunity to speak before the independent hearing officer to present relevant testimony and evidence as it pertains to the potential revocation of the CUP. Additional information regarding the hearing process can be found at TMC Section 17.03.085, a 2', e Watson Deputy City Manager Enclosures cc: Zip Third Investments, LLC, attn. Norman S. Solomon, property owner of 28645 Old Town Front Street, Temecula, CA 92590 Maureen Licata, 1562 Despard Avenue, Victoria, British Columbia, Canada V8S 1T3 Randi Johl, City Clerk EXH 13 - 0207 i y of Temecula F1000 ty Development n Street s Temecula, CA 92590 dress, P,C, Box 9033 a Temecula, CA 92589.9033 i 694.6400 ® Fax (9511 694-6477 a www.ciryoftemecula,org February 28, 2012 Mr, Craig Puma The Sank of Mexican Food 28645 Old Town Front Street Temecula, CA 92590 SUBJECT: Planning Application No. PA12.0041, A Minor Modification to a Conditional Use Permit (PA07.0314) for a Type-47 ABC license (on -sale general) to allow for dinner entertainment for the purpose of providing background music at an existing restaurant, The Bank of Mexican Food., located at 28645 Old Town Front Street, Dear Mr. Puma: On February 28, 2012 the City of Temecula Planning Department approved the above referenced project. Anyone dissatisfied with this decision may appeal it within 15 calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed. This approval is effective until February 28, 2012 unless extended in accordance with the Development Code, Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date. ......... It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 506-5159 or by email at stuart. fisk cityoftemecla.orq. Sincerely,, uart Fisk, AICP Senior Planner Enclosures: Conditions of Approval �a 0275 'a7 Pnnted"RecyGr3APf-'ANNINGQ0121PA12-0041 Bank of Mexican Food MOMPlanning\APPROVAL LTR,doc EXH 13 - 0208 Disorderly House: Lice nsE� �tt P ftfi,10 bec „ilsorderfy house. 'A di sdisturbs neighbors with noise, loud m�� �;�r�tt ���a� � �urina£ion defecation, graffiti, etC , andlor 1b}as drunks, f a 4 fights, assaults, Prash#, �by'fer� lnoludetheo z�, parking lot, (Section �; d Entertainers and Conduct` On sa I �+ ireb�► �4 Nmi 1, the fQ � ,t� rules: {� dip (ICenSBe Sfh£� CHIT} flip K S Q L ra„�� � �X i acts wh ch simulate a Se uaiin er ouraa' tea #o r =as#rl�'rx sa� � ,.. �Mu7�r ing, is °obscE rard: A' nber 12. jON of Temecula Planning Department 43200 Business Park Drive • Temecula, CA 92590 • Mailing Address: P.O. Box 9033 ,o Temecula, CA 92589-9033 (951 ) 694.6400 • FAX (951) 694.6477 October 15, 2006 The Bank of Mexican Food 28645 Old Town Front Street Temecula, CA 92590 SUBJECT. Planning Application No. PA08-0236, a Minor Modification to an approved Minor Conditional Use Permit (PA07-0314) to extend the hours of operation for the sale, service and consumption of alcohol associated with a previously approved Type-47 ABC license for The Bank of Mexican Food Restaurant is Dear Mr. Puma: On October 9, 2008 the City of Temecula Planning Department approved the above referenced project subject to the following Findings and enclosed Final Conditions of Approval. FINDINGS Minor Modification to an approved Conditional Use Permit-17,04.010,J 1. The proposed use is in conformance with the general plan for Temecula and with all .applicable requirements of state law and other ordinances of the city. The proposed modification to the use is consistent with the specific policies and goals outlined 'in the City's General Plan that are to be implemented within the Old Town area. The proposal to extend the hours of operation for the previously approved Type 47 license (on -sale general - eating place) for an existing restaurant, The Dank of Mexican Food, is consistent with goals and polices reflected in the Old Town Specific Plan. The proposed modification to the hours of alcohol sales Is also consistent with the goals and policies of the underlying General Plan Land Use Designation (Community Commercial), contained within the General Plan. The General Plan states that the Old Town area should be utilized to promote tourism and related activities within- the City. The -Old TownSpecificPlanindicatesthatOldTown--should-be-developed to -- provide local and tourist oriented retail services and promote existing development and uses that add to the 'thematic" ambiance of the Old Town area. The proposed project is anticipated to enhance the vibrancy in the Old Town area and the extended hours for alcohol service are consistent with the provisions of state law. i2. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The Bank of Mexican Food currently exists on -site and currently holds a Type-47 ABC license. When the property was developed it was determined that the site was adequate in size and shape to accommodate the building and all required development features. It has been determined that the project is consistent with the Development Code and Old Town Specific WPLANNINGQ008WA08.0236 Bank of Mexico Minor MODkPlanning44PPROVAL LETTER ADMINISTRATIVE.doe 0281 EXH 13 - 0214 determined that the project is consistent with the Development Code and Old Town Specific Plan requirements, as related to the requested ABC license hour extension to allow for alcoholic service as consistent with state law. No exterior changes are being proposed as a part of this planning application. The only change being proposed is related to the use and authorization for this existing restaurant to serve beer and wine, along with distilled spirits for extended hours, as consistent with state law. In addition, the City Police Department has reviewed the proposed minor modification to extend the hours of operation to be consistent with state law, and are supportive of this request. Please review and sign the enclosed Acceptance of Conditions of Approval and return the document to the Planning Department within 48 hours of receipt of this letter. Anyone dissatisfied with this decision or the Conditions of Approval may appeal it within 15 calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed. This approval is effective until October 9, 2010 unless extended in accordance with the Development Code. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date, It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 694-6400 or by email at your kytie.I�%,orate ityoftemecula, Sincerely, Katie lanes Assistant Planner KI/ks Enclosures: Final Conditions of Approval Acceptance of Conditions of Approval cc: _ _ Angela Reveles (approval letter and Final Conditions of Approval) Department of Alcoholic Beverage Control 3737 Main Street, Suite 900 Riverside, CA 92501 GAPLANNING\2008WA08.0236 Bank of Mexico Minor MOOIPlanning\APPROVAL LETTER AaMINISTRATIVE.doc EXH 13 - 0215 EXHIBIT A FINAL CONDITIONS OF APPROVAL ,SCANNED: 0 DMVE, PERMITS PLUS: 9R9MALS: PLAWIER: 0283 EXH 13 - 0216 I, Craig Puma understand that Planning Application No. PA0B-0236 has been approved with Conditions of Approval which are set forth in Exhibit A. I have read,the Conditions of Approval and understand them. Through signing this ACCEPTANCE OF CONDITIONS OF APPROVAL, 1 agree and commit to the City of Temecula that I will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions: SIGNATURE ©A TE 0284 EXH 13 - 0217 EXHIBIT A CITY OF TEMECULA FINAL. CONDITIONS OF APPROVAL Planning Applicado� No.: PA68-0236 Project Description: A Minor Modification to an approved Minor Conditional 0se Permit (PA07-0314), to extend the hours of operation for the sale, service and consumption of alcohol associated with a previsouly approved Type-47 ABC license for The Bank of Mexican Food, located at 28645 Old Town Front Street, Assessor's Parcel No.: 922-036-011 IWSHCP Category: NIA DIF Category: N/A TUNIF Category: N/A Approval Date: October 9, 2008 !Expiration Date: October 9, 2010 PLANNING DEPARTMENT Within 48 Hours of the Approval of This ,Project PL-1, The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty -Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15052. If within said 48-hour period the applicant/ developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department. General Requirements PL-3. , The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defendthe City with legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting,, directly or indirectly, from any action in furtherance of and the approval of the 0285 EXH 13 - 0218 City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City. concerning the Planning Application., , The City shall be deemed for " purposes of this condition, to include any agency or instrumentality �.hereof, or any of its electe ' d or appointed officials, officers, employees, consultants, contractors, legal 'COLinsel, and agents,' City shall promptly notify both (fie applicant and landowner of any claim. , action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take anyand all action the City deems to be in the best interest of the City and its citizens in regards to such defense, PL-4applicant shall comply wi.th their Statement of Operations, on file with UvaPlanning . Department, unless _superseded _' these Conditions -of Approval, PL-5i This Conditional Use Permit may be revoked pursuant to Section 17,03,080 of the City's Development Code, PL-O, The City, ' and its Planning Director, Planning Commission, and City Council retain and reserve the right jurisdiction to. review and modify this / Use Permit (including the Conditions of Approval) based on changed circumi�tances. Changed circumstances include, but are riotUtn/ted to the modification of the business, echange in nuope, emphasio, size or nmhuco of the businnmu, and. the expmnainn, alteration, naoonf igvnaMun or change of use, The naaerveUVn of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is in addition to, and not in - lieu of, the right of the City. its Planning Director, Planning Commission, and Oih/ ^ Council to review and revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed onsuch Conditional Use Permit or for the maintenance of any nuisance condition or other code violation therbon, PL-7 The pennittee shall obtain City approval for any modifications or revoiona to the approval of this Conditional Use Permit. ^ . PL-8� The. pe/mi�ceaheUeubm�o minor modification application bzbnapproved �xany — — exterior changes made hothe building, including any fencing orgates that may be constructed in the future. PL~8. This approval shall be used within, two years of the approval date; Otherwise, K shall become null and void, By use is meant the beginning of substantial construction contemplated by. this approval within the two-year period, which'is thereafter diligently pursued to completion, or'the beginning Of Substantial utilization contemplated by this approval, - ' PL,10, If commencement of the use, has not occurred within two years o/ approval of this permit, the permitteefile an applicationat lest thirty days prior to expiration of the . ..... .. Conditional Use Permit apply,for u - p . to 3 one -year extensioris of time, Each extensibn of tinie shall be granted in one-year incr�ments only, . PL,11. Prior hlmnemployee yeU� iOgcoho��umUl�� facility, u�ohnlUCenaoeoxemployer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.E.A.D)` orreceived training from -any other program certified by the California Department of Alcoholic Beverage Control, (As amended at Director's Hearing on ION). PL-Q, An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (telephone number 951-676-5090). PL-13, Regular hours of operation shall be as follows: Monday -Thursday 11 a.m. to 10 p.m., Friday 11 asn, to 11 p rn,, Saturday 8 a.m. to 11 p,m. and Sunday 8 a rn, to 10 p.m. PL-14. In the case that the ' restaurant manager Would like to stay open past the regular hours, of operation (stated above) he/she may be permitted to stay open until 2:00 a.m, When this OCCUrS, alcoholic.beveragps may be served until 2:00 a.m. as consistent with the provisions of California State Law. PL-15, "Last call" for alcohol service shall occur at 1:30 a.m, as consistent with California State Law. PL-16., A separate building permit shall be obtained prior to the commencement of construction, -tenant improvement or other interior or exterior improvements requiring building permits PL­ 17, All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit, PL-18. All previous conditions of approval issued by the Fire Prevention Bureau, Community Service Department and Police Department, for PA07-0314 shall still apply and shall be complied with, in conjunction with the conditions set forth above. 0287 EXH 13 - 0220 ml El EXHIBIT A FINAL CONDITIONS OF APPROVAL G-\Planningk2007\PA07-0314 The Bank Upgrade to Type 47 Minor CUPTIanningTINAL COA-CUP,doc 0288 EXH 13 - 0221 I, Craig Puma, understand that Planning Application No. PA07-031 G has been approved with Conditions of Approval which are set forth in Exhibit A. I have read the Conditions of Approval contained in DH Resolution No. 08-001, and understand them. Through signing this ACCEPTANCE OF CONDITIONS OF APPROVAL., I agree and commit to the City of Temecula that I will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions. (� 0 .afONA DATE b GAP1annin9\20071PA07.0314 The Bank Upgrade to Type 47 Minor CMPIenn1ng\F1NAL COA-CUP.doc 0289 E e aA1 Planning Department 43200 Business Park Drive • Temecula, CA 92590 • Mailing Address: P.O. Box 9033 • Temeculu, CA 92589.9033 (951) 694-6400 • FAX (951) 694•6477 January 4, 2008 Mr. Craig Puma The Bank of Mexican Food 31415 Cabern Court Temecula, CA 92591 SUBJECT: Planning Application No. PA07-0314, a Minor Conditional Use Permit to upgrade an existing Type-41 ABC license to a Type-47 ABC license authorizing the sale of beer, wine and distilled spirits at an existing restaurant Dear Mr. Puma: On January 3, 2008 the City of Temecula Planning Director approved the above referenced project subject to the enclosed final Conditions of Approval. Please review and sign the enclosed Acceptance of Conditions of Approval document and return the document with an original signature to the Planning Department within 48 hours of receipt of this letter. Anyone dissatisfied with this decision or the Conditions of Approval may appeal it within fifteen calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed. This approval is effective until January 3, 2010 unless extended in accordance with the Development Code. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date. It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 694-6400 or by email at kpti lecornteQci raft rr Sincerely, Katie Le Comte Assistant Planner Enclosures: Stamped Plans Final Conditions of Approval Acceptance of Conditions of Approval cc: Diane Bail, Building and Safety (no plans) Elsa Wigle, Fire Prevention (stamped plans) Barbara Smith, Community Services (stamped plans) Lynn Fanene, Temecula Police Department (stamped plans) G:1Planning120071PA07-0314 The Bank Upgrade to Type 0"WRanninglAPPROVAL LTR.doc EXH 13 - 0223 Planning Application No.: PA07.0314 Project Description: A Minor Conditional Use Permit to upgrade an existing Type-41 ABC license (on -sale beer and wlne•eating place), to a Type-47 ABC license (on -sale general), which would authorize the sale of beer, wine and distilled spirits at an existing restaurant, The Bank of Mexican Food, located at 28645 Old Town Front Street Assessor's Parcel No. 922.036.011 MSHCP Category: NIA DIF Category: NIA TUMF Category: NIA Approval Date: January 3, 2008 Expiration Date: January 3, 2010 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk In the amount of Sixty -Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as - provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. if within said 48-hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711 A(c)). The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department. O,1P1ann1n9t2 MPA07.0314 The Bank Upgrade to Type 47 Minor CUP"anningkF NAL COA•CUP.doc 0 EXH 13 - 0224 dam GENERAL REQUIREMENTS G:%Plannlno0007)PA07.0314 The Bank upgrade in Type 47 hyLu� 442anninglFINAL CQA-CUP.doa EXH 13 - 0225 Planning Department 3. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or Indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body Including actions approved by the voters of the Cily, concerning the Planning Application, The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be In the best interest of the City and its citizens in regards to such defense, 4. The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval. 5, This Conditional Use Permit may be revoked pursuant to Section 17.03,080 of the City's Development Code. 6. The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (Including the Conditions of Approval) based on changed circumstances, Changed circumstances Include, but are not limited to the modification of the business, a change in scope, emphasis, size or nature of the business, and the expansion, alteration, reconfiguratlon or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, Its Planning Director, Planning Commission, and City Council is in addition to, and not in -lieu of, the right of the City, Its Planning Director, Planning Commission, and City Council to review and revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon, The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. 8.. The permittee shall submit a minor modification application to be approved for any exterior changes made to the building, including any fencing or gates that may be constructed In the future, 9. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use Is meant the beginning of substantial construction contemplated by this approval withinthetwo-year period, which is thereafter diligently pursued -to -completion, or the beginning of substantial utilization contemplated by this approval, 10. If commencement of the use has not occurred within two years of approval of this permit, the permittee may file an application at lest thirty days prior to expiration of the Conditional Use Permit, apply for up to 3 one-year extensions of time. Each extension of time shall be granted in one-year increments only. G;VPIann1ngQ00nPA07.0314 The Bank Upgrade to Type 47 Minor CUPVPIanningWINAI COA•CUP,doc 0293 EXH 13 - 0226 11. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.E.A.D.), or received training from any' other program certified by the California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 1/3/08). 12, An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (telephone number 951-676-5090). 13, Regular hours of operation shall be as follows; Monday -Thursday 11 a.m. to 10 p.m., Friday 11 a.m. to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8 a.m. to 10 p.m. On holidays (including Cineo De Mayo) the facility shall be permitted to close at midnight. The sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday. The sale of alcohol shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. (As amended at Directors Hearing on 1/3108). 14. A separate building permit shall be obtained prior to the commencement of construction, tenant improvement or other interior or exterior improvements requiring building permits. 15. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Fire Prevention 16. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal, 17. During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up to their Original design and performance specifications (CFC art.87 et al). 16, The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit, These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection (CFC 105). 19, Prior to issuance of building permit, any changes affecting the fire sprinkler system shall require a permit for the fire sprinkler system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. 20. Prior to issuance of building permit, any changes affecting the fire alarm system shall require a permit for the fire alarm system, Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. if any cooking appiiances have been added and G \Plan ningl2007\PA07-0314 The hank Upgrade to Type 47 Minor CUPOanningONAL COA•CUP.doc r EXH 13 - 0227 Community Services Department 21, The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul construction debris. 22. The Applicant shall comply with the Public Art Ordinance, Details of the ordinance can be located on the City's website at www.cityoftemecula.org; under Chapter 5,08 of the Municipal Code. 23, Prior to issuance of building permits, the developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Police Department 24. Applicant has applied for a Type 47 (on -sale general — eating place) through the Riverside District Office of Alcoholic Beverage Control. Authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises. Authorizes the sale of beer and wine for consumption on the licensed premises. Must operate and maintain the licensed premises as a bona fide eating place. Must make actual and substantial sales of meals, during the normal meal hours that they are open, at least five days a week. Normal mealtimes are 6:00 a.m. -- 9:00 a.m., 11:00 a.m. — 2:00 p.m., and 6:00 p.m. — 9:00 p.m. Premises that are not open five days a week must serve meals on the days they are open. Minors are allowed on the premises. The applicant currently has a Type 41 (on -sale beer and wine). 25. Applicant will also comply with City Ordinance 97-07, (9.14.010 Temecula Municipal Code series). 26, identification will be verified utilizing one of the following: a. A valid California driver's license b. A valid California Identification card C. A valid military identification card (active/reserve/retired/dependent) d. A valid driver's license from any of the fifty States or Territories of the United States e. A valid U.S. Passport f. A valid government issued identification card Issued by a Federal, State, County or City agency 27. As noted above, only a valid government issued identification card issued by a Federal, State, County or City (municipal) agency is acceptable, providing it complies with the below requirements (25660 Business and Profession Code): a, Name of person b. Date of birth C. Physical description d. Photograph e. Currently valid (not expired) GAP1ann1ngWMPA07•4314 The Bank Upgrade to Type 47 Minor CURPIanninglFiNAI. COA•CUP,doc EXH 13 - 0228 28. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. For this reason, the Temecula Police Department has imposed a mandatory training for all employees involved in the service and sales of alcoholic beverages, Also, the Temecula Police Department conducts an Alcohol Review Board for all new businesses with a Type 47 license. Contact the Temecula Police Crime Prevention and Plans Officer at (951) 695-2773 to set up a training date. An Alcohol Review Board has been scheduled for Wednesday, December 12, 2007 at 10:00 a.m, at the Police Mall office. Training and review board must be completed prior to the usage of the Type 47 license. Applicant will ensure all new employees/management personnel are trained In the use and service of alcoholic beverages. All alcohol training is provided free of charge by the Temecula Police Department. 29. Miscellaneous: a. After Hours: Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m, of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B&P code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00am). (Section 26632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter than the law. Those licenses are marked "Conditional." (23805 B&P), b. Authority of Peace Officers/Refusing Inspection: Police officers, sheriffs deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause, This Includes Inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer. (Sections 25616, 25753, and 25755 B&P; 148 and 241(b) PC). - C. Disorderly House: Licensees may not permit their licensed premises to become a disorderly house. A disorderly house Is a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc., and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises Include the parking lot. (Section 25601 B&P; 316 PC). Entertainers and Conduct: On -sale licensees who offer entertainment must abide by the following rules: (1) No licensee shall permit any person to perform acts of or acts which simulate: (a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law. (b) The touching, caressing or fondling on the breast, buttocks, anus or genitals. (c) The displaying of the pubic hair, anus, vulva or genitals. (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus. (Rule 143.3 CCR. Also violates sections 311.6 PC if conduct Is "obscene," e.g., intercourse, sodomy, masturbation, etc.) GAPI9nning12007tPA07-0314 The Bank Upgrade to Type 47 W&L tIanningONAL COA-CUP.dw uzb EXH 13 - 0229 e. Alcohol Review Board; A review board will convene with the applicant on Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mall Storefront conference room. Final recommendations to ABC Riverside will be forwarded under separate cover, oaPlanning=07%PA07.0314 The Bank Upgrade to Type 47 UP anningWINAL COA-CUP.doc EXH 13 - 0230 11 DH RESOLUTION NO.08-001 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0314, A MINOR CONDITIONAL USE PERMIT TO UPGRADE A TYPE-41 ABC LICENSE (ON -SALE BEER AND WINE -EATING PLACE), TO A TYPE-47 ABC LICENSE (ON -SALE GENERAL), WHICH WOULD AUTHORIZE THE SALE OF BEER, WINE AND DISTILLED SPIRITS AT THE BANK OF MEXICAN FOOD RESTAURANT, LOCATED AT 28645 OLD TOWN FRONT STREET (APN: 922-036-011) Section 1. Procedural Findings The Planning Director of the City of Temecula does hereby find, determine and declare that: A. On November 7, 2007, Mr. Craig Puma, applicant and owner of The Bank of Mexican Food restaurant, filed Planning Application No. PA07-0314, a Minor Conditional Use Permit, in a manner in accord with the City of Temecula General Plan and Development Code, B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. I C. The Planning Director, at a regular meeting, considered the Application and environmental review on January 3, 2008, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Director's Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA07-0314 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA07-0314 conformed to the City of Temecula's General Plan and Development Code and Old Town Specific Plan. Section 2. Further Findn s. The Planning Director, in approving Planning Application No. PA07-0314 hereby makes the following findings as required by Section 17.040,010.E — (Conditional Use Permit) of the Temecula Municipal Code: Minor Conditional Use Permit -- Development Code Section 17.040.010.E A. The proposed conditional use is consistent with the General Plan and the Development Code. The proposed use is consistent with the specific policies and goals outlined in the City's General Plan that are to be implemented within the Old Town area. The proposal to upgrade an alcohol license from a Type 41 license (on -sale beer and wine — eating place) to a Type 47 license (on -sale general — eating place) for an 0APlanning\300APA07.03 t4 The hank Upgrade to Type 47 Mir®C��I�iinpNDH RESOLUTION EXEMPT FROM CEQA.doc ... - _. T// EXH 13 - 0231 L C existing restaurant, The Bank of Mexican Food, located within Old Town's Tourist Retail Core zoning district is consistent with goals and polices reflected in the Old Town Specific Plan, The proposed use is also consistent with the goals and policies of the underlying General Plan Land Use Designation (Community Commercial), contained within the General Plan. The General Plan states that the Old Town area should be utilized to promote tourism and related activities within the City. The Old Town Specific Plan indicates that Old Town should be developed to provide local and tourist oriented retail services and promote existing development and uses that add to the "thematic" ambiance of the Old Town area. The proposed project is anticipated to enhance the vibrancy in the Old Town area, The project is consistent with the surrounding uses and meets i all applicable Development Code requirements, including the 500' sensitive use separation requirement, The site has been properly planned and zoned and found to be physically suitable for the proposed use. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed conditional use is compatible with adjacent land uses as defined in the General Plan and Old Town Specific Plan. The proposed use has been analyzed and compared to the adjacent land uses and it has determined that the proposed use will be consistent with the surrounding uses. The area in which The Bank of Mexican Food Restaurant is located consists of a mixture of uses which includes retail and commercial, as well as other restaurant uses and wine tasting facilities, The restaurants in the immediate vicinity also serve alcoholic beverages without having an adverse effect on adjacent uses. It is anticipated that the proposed use will not adversely affect any of the surrounding properties because the use will occur within an existing building at an existing restaurant that currently holds a Type-41(on-sale beer and wine -eating place) license. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The Bank of Mexican Food currently exists on -site and when the property was developed it was determined that the site was adequate in size and shape to accommodate the building and all required development features. It has been determined that the project is consistent with the Development Code and Old Town Specific Plan requirements, as related to the requested ABC license upgrade. No exterior changes are being proposed as a part of this planning application. The only change being proposed is related to the use and authorization for this existing restaurant to serve beer and wine, along with distilled spirits. In addition, the City Police Department has reviewed the proposed project and has issued Conditions of Approval. QNPlamiingV007\P11 A07.03 IQ The Bank Upgrade to T11 ype 47 Mi 02,94 mg\DH RES1. .GU NON EXEMPT FROM CEQA.d11 oc 11 ,...w...., x...x EXH 13 - 0232 D. The nature of the proposed minor conditional use is not detrimental to the health, safety and general welfare of the community. The nature of the proposed use is not detrimental to the health, safety and general welfare of the community. The restaurant currently holds an active Type- 49license (on -sale beer and wine -eating place) which allows the establishment to serve beer and wine on the premises. The upgrade to a Type-47 license (on - sale general -eating place), which will authorize the establishment to serve beer, wine and distilled spirits, will provide an additional service and convenience to patrons within the community. The site is also consistent with the City's Development Code requirement regarding separation of sensitive uses, it has been determined through GIS data that the 500 foot sensitive use separation requirement has been met. Furthermore, the City of Temecula Police Department has provided conditions of approval for the project and concurs with the request for tho license upgrade and solo of alcoholic products at the project site. Section 3. Environmental Findings. The Director of Planning hereby make the following environmental findings and determinations in connection with the approval of the Minor Conditional Use Permit application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (15301, Class 1, Existing Facilities); The key consideration for the existing facilities exemption is whether the project involves negligible or no expansion of an existing use. It has been determined that this project is categorically exempt according to CEQA Section 15301, Class 9 (Existing Facilities) because no expansion or construction is proposed as a part of this project. The restaurant currently exists on -site. The upgrade of an ABC license which authorizes this restaurant to serve not only beer and wine, but also distilled spirits, does not involve the physical expansion of the existing use or structure. The land use is not changing; the restaurant currently exists and will continue to exist. The only change is to the type of beverages that are authorized to be sold on the premises. Section 4. Conditions. That Planning Director of the City of Temecula hereby approves Planning Application No. PA07-0314, a Minor Conditional Use Permit to upgrade a Type-41 ABC license (on -sale beer and wine -eating place), to a Type-47 ABC license (on -sale general), which would authorize the sale of beer, wine and distilled spirits at The Bank of Mexican Food restaurant, located at 28645 Old Town Front Street subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. GAPIa11ni1gM07\PA07-03 PI The Bank Upgrado to Type 47 MinL0.1)0iVg\DH RESOLUTION EXEMPT' FROM CEtA.dne M b:,. EXH 13 - 0233 t Section 5. PASSED, APPROVED AND ADOPTED by the Planning Director of the City of Temecula this 3rd day of January 2008. Debbie Ubnoske, Director of Planning I, Kathy Simpkins, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 08-001 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the P day of January 2008. Rat Simp 6�-e&alr-y GAPJanning12007�PA07-03I4 The Bank Upgrade to Type 47 MininSNDH RESOLUTION EXEMPT FROM CEQA.doc x .... ,, .... ... , .:_�.. _ _ .._........ µ, . EXH 13 - 0234 EXHIBIT 14 0302 EXH 14 - 0235 1 1086-0773\2711254vl.doc Jennifer Petrusis T 213.626.8484 F 213.626.0078 E jpetrusis@rwglaw.com July 8, 2022 VIA ELECTRONIC MAIL & U. S. MAIL Norman Solomon Zip Third Investments, LLC 3055 Wilshire Boulevard, No. 1010 Los Angeles, California 90010 norm@)metro-resources.com 350 South Grand Avenue 37th Floor Los Angeles, CA 90071 rwglaw.com Re: Notice Pursuant to Temecula Municipal Code section 17.03.085 that the Planning Director Recommends That Conditional Use Permit PA12-0041, PA08-0236, and PA07-0314 for the Property Located at 28645 Old Town Front Street Be Revoked Dear Mr. Solomon: I am writing to follow up on our telephone conversation on Friday, July 1, 2022, during which we discussed the City of Temecula Planning Director's recommendation that the Conditional Use Permit for the property located at 28645 Old Town Front Street be revoked. You provided me with your e-mail address and your preferred mail address, and I emailed you a copy of the Notification letter from the Planning Director on Tuesday, July 5, 2022. Since I have not received a response to my e-mails, including those regarding proposed hearing dates, I am sending the Notification letter to you by mall to make sure You receive it well before the hearing date. As I mentioned in my e-mails, the City and its witnesses are available August 30- September 2, 2022. Mr. Puma has confirmed that he is also available during that time period. I have not received confirmation one way or the other from Amanda Moore. During our conversation on July 1, 2022, you also asked if the City would consider delaying the revocation matter. The City declines your request and it will be proceeding with the revocation matter. Please feel free to contact me if you have any questions. Very truly yours, J n ifer etrusis Enclosure(s) 11086-0773\2689445v1.doc 0303 Los >ar geite San Francisco Orange County Ternecula Central Coast EXH 14 - 0236 cc.. Kapd b' 17 0 City of Temecula Community Development i000 Main StreetTemecula, CA92590 FP4 hone 1951) 694-G400 •Fax )951) G94 G477 • Temecul�CA.gov CERTIFIED MAIL RETURN RECEIPT REQUESTED May 19, 2022 CNC Puma Corporation Brand Landon, Agent for Service of Process 27555 Ynez Road, Suite 110 Temecula, California 92591 Craig Puma The Bank 28645 Old Town Front Street Temecula, California 92590 Amanda Moore, CEO 28645 Old Town Front Street Temecula, California 92590 Re: Notice Pursuant to Temecula Municipal Code section 17.03,085 that the Planning Director Recommends that Conditional Use Permit PA12-0041, PA08-0236, and PA07-0314 for the Property Located at 28645 Old Town Front Street Be Revoked Dear CNC Puma Corporation, Mr. Puma, and Ms. Moore: On April 18, 2022, 1 resent you a notification pursuant to Temecula Municipal Code section 17.03.085 that I am recommending that Conditional Use Permit PA12-0041, PA08-0236, and PA07-0314 (collectively "CUP") approved by the City of Temecula Planning Department be revoked. The CUP allows the property located at 28645 Old Town Front Street in the City of Temecula, which is currently operated as The Bank, to hold a Type 47 ABC license and to allow for dinner entertainment for the purpose of providing background music at an existing restaurant, subject to the Conditions of Approval ("Conditions"), which are enclosed. Because my April 18, 2022 letter contained the wrong Conditions of Approval for the PA08-0236, I am resending the notification with the correct enclosures. My recommendation that the CUP be revoked is based on The Bank's persistent violations -of -the CUP's Conditions as detailed below: 0304 EXH 14 - 0237 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 2 Condition No. 12 1. According to Condition No. 12 of PA 12-0041, the regular hours of operation shall be as follows: Monday -Thursday 1 I a.m. to 10 p.m., Friday I I a.m, to 11 p.m., Saturday 8 a.m. to 1 I p.m. and Sunday 8 a.m. to 10 p.m. On holidays (including Cinco De Mayo) the facility shall be permitted to close at midnight. 2. Also according to Condition No. 12 of PA 12-0041, the sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday, and the sale of alcoholic beverages shall cease at 1 I p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. 3. Violations: Since at least February 2021, the owners, operators, and/or managers of The Bank restaurant, have violated the permitted operating hours and have consistently operated the restaurant past 11 p.m. on Friday and Saturday nights and have sold alcoholic beverages to patrons after 11 p.m. on Friday and Saturday nights. As of the date of this letter, the City of Temecula has issued at least the following administrative citations and civil penalties for violating this Condition: « March 5, 2021 $50.00 Citation (Paid) • March 6, 2021 $150.00 Citation (Paid) • March 12, 2021 $250.00 Citation (Paid) • March 19, 2021 $250.00 Citation (Paid) • March 20, 2021 $250.00 Citation (Paid) • March 26, 2021 $250.00 Citation (Paid) • March 27, 2021 $250.00 Citation (Paid) • April 2, 2021 $250.00 Citation (Paid) • April 9, 2021 $250.00 Citation (Paid) • April 10, 2021 $250.00 Citation (Paid) • April 13, 2021 $250.00 Citation (Paid) • April 16, 2021 $250.00 Citation (Paid) • April 17, 2021 $250,00 Citation (Paid) 0305 EXH 14 - 0238 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 3 • April 23, 2021 $250.00 Citation (Delinquent) • April 24, 2021 $250.00 Citation (Delinquent) • April 30, 2021 $250.00 Citation (Delinquent) • May 1, 2021 $250.00 Citation (Delinquent) • May 7, 2021 $250.00 Citation (Paid) • May 8, 2021 $250.00 Citation (Paid) • May 14, 2021 $250.00 Citation (Delinquent) May 15, 2021 $250,00 Citation (Delinquent) • May 21, 2021 $250.00 Citation (Delinquent) • May 22, 2021 $250.00 Citation (Delinquent) • June 4, 2021 $25.0.00 Citation (Delinquent) • June 5, 2021 $250.00 Citation (Delinquent) • June 11, 2021 $250.00 Citation (Delinquent) • June 12, 2021 $250.00 Citation (Delinquent) • July 2, 2021 $250.00 Citation (Paid) • July 3, 2021 $250.00 Citation (Paid) • July 27, 2021 $1,000 Civil Penalty (Paid) • July 30, 2021 $1,000 Civil Penalty (Paid) • July 31, 2021 $1,000 Civil Penalty (Paid) • August 1, 2021 $1,000 Civil Penalty (Paid) • August b, 2021 $1,000 Civil Penalty (Paid) • August 7, 2021 $1,000 Civil Penalty (Paid) • August 8, 2021 $1,000 Civil Penalty (Paid) 0306 EXH 14 - 0239 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 4 • August 13, 2021 $1,000 Civil Penalty (Paid) • August 14, 2021 $1,000 Civil Penalty (Paid) • August 20, 2021 $1,000 Civil Penalty (Paid) r August 21, 2021 $1,000 Civil Penalty (Paid) • August 27, 2021 $1,000 Civil Penalty (Paid) • August 28, 2021 $1,000 Civil Penalty (Paid) • September 4, 2021 $1,000 Civil Penalty (Paid) • September 10, 2021 $1,000 Civil Penalty (Paid) • September 18, 2021 $1,000 Civil Penalty (Paid) • September 24, 2021 $1,000 Civil Penalty (Paid) • September 25, 2021 $1,000 Civil Penalty (Paid) • October 1, 2021 $1,000 Civil Penalty (Paid) • October 2, 2021 $1,000 Civil Penalty (Paid) • October 8, 2021 $1,000 Civil Penalty (Paid) • October 9, 2021 $1,000 Civil Penalty (Paid) • October 15, 2021 $1,000 Civil Penalty (Paid) • October 16, 2021 $1,000 Civil Penalty (Paid) • October 22, 2021 $1,000 Civil Penalty (Paid) • October 23, 2021 $1,000 Civil Penalty (Paid) • October 30, 2021 $1,000 Civil Penalty (Paid) • October 31, 2021 $1,000 Civil Penalty (Paid) • November 5, 2021 $1,000 Civil Penalty (Paid) • November 6, 2021 $1,000 Civil Penalty (Paid) 0307 EXH 14 - 0240 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 5 a November 12, 2021 $1,000 Civil Penalty (Paid) • November 13, 2021 $1,000 Civil Penalty (Paid) « November 19, 2021 $1,000 Civil Penalty (Paid) + November 20, 2021 $1,000 Civil Penalty (Paid) a December 3, 2021 $1,000 Civil Penalty (Paid) • December 4, 2021 $1,000 Civil Penalty (Paid) • December 10, 2021 $1,000 Civil Penalty (Paid) a December 17, 2021 $1,000 Civil Penalty (Paid) a December 18, 2021 $1,000 Civil Penalty (Paid) • December 31, 2021 $1,000 Civil Penalty (Paid) • January 7, 2022 $1,000 Civil Penalty (Paid) • January 8, 2022 $1,000 Civil Penalty (Paid) • January 15, 2022 $1,000 Civil Penalty (Delinquent) • January 16, 2022 $1,000 Civil Penalty (Delinquent) • January 22, 2022 $1,000 Civil Penalty (Delinquent) • January 23, 2022 $1,000 Civil Penalty (Delinquent) • January 28, 2022 $1,000 Civil Penalty (Delinquent) • January 29, 2022 $1,000 Civil Penalty (Delinquent) • February 4, 2022 $1,000 Civil Penalty (Delinquent) • February 5, 2022 $1,000 Civil Penalty (Delinquent) • February 11, 2022 $1,000 Civil Penalty (Delinquent) • February 12, 2022 $1,000 Civil Penalty (Delinquent) • February 18, 2022 $1,000 Civil Penalty (Delinquent) 0308 EXH 14 - 0241 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 6 • February 19, 2022 $1,000 Civil Penalty (Delinquent) Although City staff has explained the permitted operating hours to management of The Bank, the restaurant continues to violate Condition No. 12 of PA12-0041 and it routinely operates and sells alcoholic beverages past 11 p.m. on Friday and Saturday nights. Condition No. 28.c. 4. According to Condition No. 28.c. of PA12-0041, licensees may not permit their licensed premises to become a disorderly house. A disorderly house is defined as including a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise and loud music and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises includes the parking lot. 5. Violations; Between April 2, 2021 and July 3, 2021, the City issued the administrative citations listed below for violating the noise standards contained in Temecula Municipal Code section 9.20.040. Specifically, music played through outside speakers at the restaurant violating the maximum noise level of 70 dba for exterior noise at a commercial property. • April 9, 2021 $50.00 Citation (Paid) • April 10, 2021 $150.00 Citation (Paid) • April 16, 2021 $250.00 Citation (Paid) • April 17, 2021 $250.00 Citation (Paid) • April 23, 2021 $250.00 Citation (Delinquent) • April 24, 2021 $250.00 Citation (Delinquent) • April 30, 2021 $250.00 Citation (Delinquent) • May 1, 2021 $250.00 Citation (Delinquent) ....... • May 8, 2021 $250.00 Citation (Paid) • May 14, 2021 $250.00 Citation (Delinquent) • May 15, 2021 $250.00 Citation (Delinquent) • May 21, 2021 $250.00 Citation (Delinquent) • May 22, 2021 $250.00 Citation (Delinquent) 0309 EXH 14 - 0242 CNC Puma Corporation, Mr, Puma and Ms. Moore May 19, 2022 Page 7 • July 3, 2021 $250.00 Citation (Paid) • July 2, 2021 $250.00 Citation (Paid) • June 11, 2021 $250.00 Citation (Delinquent) • June 12, 2021 $250.00 Citation (Delinquent) 6. Violations: It has been the experience of the Riverside County Sheriffs Department that there have consistently been numerous instances of disturbances, assaults, batteries, public intoxication, and other crimes on The Bank's premises and in the immediate vicinity of The Bank. In January 2022, there was a shooting on The Bank's premises in which a former employee of The Bank was killed and two other individuals were seriously injured. The shooting occurred approximately an hour after The Bank should have been closed for the evening, yet The Bank was still operating in violation of Condition 12 of PA 12-0041. The former employee and victim of the shooting had been involved in a physical altercation at The Bank months before the shooting. According to the Riverside County Sheriff's Department, The Bank used unlicensed security guards, some of which had criminal backgrounds, and this decision to use unlicensed security guards contributed to the criminal activity at The Bank. Revocation Process This notification is also being sent to the City Clerk. Pursuant to Temecula Municipal Code ("TMC") Section 17.03.085(A)(1)(b), the City Clerk will refer this matter of revocation to the California Office of Administrative Hearings for an assignment to an administrative law judge to serve as an independent hearing officer. Pursuant to TMC Section 17.03.085(A)(1)(4), a public hearing shall be held before an independent hearing officer to determine whether there are grounds to revoke the permit. Pursuant to TMC Section 17.03.085(A)(1)(5), the independent hearing officer may revoke a permit, or impose or modify any conditions imposed on the permit if he or she finds that any of the following findings can be made- --al . That the perrrirt Was "obtained byomission; m1.1srepresentafior , or fraud, .........._. b. That any of the conditions of approval for the permit have not been met, or the use is operating in a manner that is inconsistent with any of the conditions of approval; C. That the use for which the permit was granted is operating in violation of any statute, ordinance, law or regulation; d. That the permit is being exercised in a way that is detrimental to the public health, safety or welfare or constitutes a nuisance. 0310 EXH 14 - 0243 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 8 You will receive notice regarding the date scheduled for the hearing. During the hearing, you and any other member of the public will be provided an opportunity to speak before the independent hearing officer to present relevant testimony and evidence as it pertains to the potential revocation of the CUP. Additional information regarding the hearing process can be found at TMC Section 17.03.085. Rega , Mt e Watson Deputy City Manager Enclosures cc: Zip Third Investments, LLC, attn. Norman S. Solomon, property owner of 28645 Old Town Front Street, Temecula, CA 92590 Maureen Licata, 1562 Despard Avenue, Victoria, British Columbia, Canada V 8S 1 T3 Rands Jo►, Ctt Clerk 0311 EXH 14 - 0244 11 Ell Cif of Temecula F1000W ty Development n Street + Temecula, CA 92590 dress; PC, Box 9033 r Temecula, CA 92589.9033 j 694-6400 a Fax {951) 694-6477 • www,clryoftemecula.org February 28, 2012 Mr. Craig Puma The Bank of Mexican Food 28645 Old Town Front Street Temecula, CA 92590 SUBJECT: Planning Application No. PA12-0041, A Minor Modification to a Conditional Use Permit (PA07.0314) for a Type-47 ABC license (on -sale general) to allow for dinner entertainment for the purpose of providing background music at an existing restaurant, The Bank of Mexican Food, located at 28645 Old Town Front Street. Dear Mr. Puma: On February 28, 2012 the City of Temecula Planning Department approved the above referenced project. Anyone dissatisfied with this decision may appeal It within 15 calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed. This approval is effective until February 28, 2012 unless extended in accordance with the Development Code. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date. ........ It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 506-5159 or by email at stuart.fisk@pityoftemecla. or_a. Sincerely, Xk, AICP Senior Planner Enclosures: Conditions of Approval 0312 tD Pnn,ed en Rec)APPLANNING120121PA12-0041 Bank of Mexican Food MOMPlanning\APPROVAL LTR.doc EXH 14 - 0245 Planning Department 43200 Business Park Drive • Temecula, CA 92590 • Mailing Address: P.O. Box 9033 s Temecula, CA 92589-9033 (961) 694.6400 + FAX (951) 694-6477 October 15, 2008 The Bank of Mexican Food 28645 Old Town Front Street Temecula, CA 92590 SUBJFCT: Planning Application No. PA08-0236, a Minor Modification to an approved Minor Conditional Use Permit (PA07.0314) to extend the hours of operation for the sale, service and consumption .of alcohol associated with a previously approved Type-47 ABC license for The Bank of Mexican Food Restaurant Dear Mr. Puma: f On October 9, 2008 the City of Temecula Planning Department approved the above referenced project subject to the following Findings and enclosed Final Conditions of Approval. FINDINGS Minor Modification to an approved Conditional Use Permit—17.04.010.J 1. The proposed use is in conformance with the general plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposed modification to the use is consistent with the specific policies and goals outlined in the City's General Plan that are to be implemented within the Old Town area. The proposal to extend the hours of operation for the previously approved Type 47 license (on -sale general — eating place) for an existing restaurant, The ,Bank of Mexican Food, is consistent with goals and polices reflected in the Old down Specific Plan. The proposed modification to the hours of alcohol sales is also consistent with the goals and policies of the underlying General Plan Land Use Designation (Community Commercial), contained within the General Plan. The General Plan states that the Old Town area should be utilized to promote tourism and related activities within. -.the- City, The .Old--Town.-Specific--Pan- Indicatesthat-Old ..-Town --should --be- developed -to-- - provide tocat and tourist oriented retail services and promote existing development and uses ;that add to the 'thematic" ambiance of the Old Town area. The proposed project is anticipated to enhance the vibrancy in the Old Town area and the extended hours for alcohol service are consistent with the provisions of state law. 2. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The Bank of Mexican Food currently exists on -site and currently holds a Type-47 ABC license. When the properly was developed it was determined that the site was adequate in size and shape to accommodate the building and all required development features. It has been determined that the project is consistent with the Development Code and Old Town Specific GAPLANNING120081PA08.0236 Bank or Mexico Minor moolPIanning\APPROVAL LETTER ADMINISTRATIVE,doc 0318 EXH 14 - 0251 determined that the project is consistent with the Development Code and Old Town Specific Plan requirements, as related to the requested ABC license hour extension to allow for alcoholic service as consistent with state law. No exterior changes are being proposed as a part of this planning application. The only change being proposed is related to the use and authorization for this existing restaurant to serve beer and wine, along with distilled spirits for extended hours, as consistent with state law. In addition, the City Police Department has reviewed the proposed minor modification to extend the hours of operation to be consistent with state law, and are supportive of this request. Please review and sign the enclosed Acceptance of Conditions of Approval and return the document to the Planning Department within 48 hours of receipt of this letter. Anyone dissatisfied with this decision or the Conditions of Approval may appeal it within 15 calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed. This approval is effective until October 9, 2010 unless extended in accordance with the Development Code. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date. It has been a pleasure working with you during the entitlement process, If you have any questions regarding this subject or approval, please contact me at (951) 694-6400 or by email at your kat>w.lecorn g cit o3 rnecula.grg, Sincerely, Katie Innes Assistant Planner KI/ks Enclosures; Final Conditions of Approval Acceptance of Conditions of Approval cc: Angela Reveles (approval letter and Final Conditions of Approval) Department of Alcoholic Beverage Control 3737 Main Street, Suite 900 Riverside, CA 92501 GAPLANNING\20081PA08.0236 Bank of Mexico Minor MOD\Planning\APPROVAL LETTER ADMINISTRATIVE.doc 0319 EXH 14 - 0252 11 EXHIBIT A FINAL CONDITIONS OF APPROVAL SCANNED'; 0 DROVE; PERMITS PLUS: INITIALS: PLANNER: 0320 EXH 14 - 0253 ACCEPTANCE OF CONMIONS OF APPROVA L 1, Craig Puma understand that Planning Application No. PA08-0236 has been approved with Conditions of Approval whi6h are set forth in Exhibit A. I have read'the Conditions, of Approval and understand them. Through signing this ACCEPTANCE OF CONDITIONS OF APPROVAL, I agree and commit to the City of Temecula that I will implement and abide by the Conditions of Approval, including any indemnification reqqirements Imposed by those'conditions., SIGNATURE Dot TE 0321 EXH 14 - 0254 EXHIBIT A CITY OF TEMECULA FINAL CONDOTIONS OF APPROVAL Planning Applicafioio No,: PA08-0236 Project Description: A Minor Modification to an approved Minor Conditional,U'se Permit (PA07-0314), to extend the hours of operation for the sale, service and consumption of alcohol associated with a previsouly approved Type-47 ABC license for The Bank of Mexican Food, located at 28645 Old Town Front Street, Assessor's Parcel No.: 922-036-011 1VISHCP Category: NIA DIF Category: N/A TUWiF Category: N/A Approval Date: October 9, 2008 Expiration Date: October 9, 2010 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL-1, The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty -Four Dollars ($64,00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15052, If within said 48-hour period the applicant/ developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). Pt.-2, The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original- signature to the Planning "Department.' General Requirements PL-11 The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend' the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments,, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting,, directly or indirectly, from any action in furtherance of and the approval of the 0322 EXH 14 - 0255 City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application.- The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents.' City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL-4. The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval. PL-5, This Conditional Use Permit may be revoked pursuant to Section 17.03,080 of the City's Development Code, PL-6 The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to. review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances -include, but are not limited to the modification of the business, a change in scope, emphasis, size or nature of the business, and. the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Counoil is in addition to, and not in - lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review and revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. PL-7 The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. PL-8. T"he permittee shall submit a minor modification application to be approved for any exterior changes made to the building, including any fencing or gates that may be constructed in the future, PI-4 This approval shall be used within two years of the approval date; .otherwise, it shall become null and void. By use, is meant the beginning of substantial construction contemplated by. this approval within the two-year period, which is thereafter diligently pursued to completion, or'the beginning of substantial utilization contemplated by this approval, PL-10. If commencement of the use. has not occurred within two years of approval of this permit, the permittee may file an application at lest thirty days prior to expiration of the Conditional Use Permit, apply for up to 3 one-year extensions of time. Each extension of time shall be granted in one-year increments only. PL-11. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L,E.A.D.), or received training from.an.y other program certified by 0323 EXH 14 - 0256 the California Department of Alcoholic Beverage Control, (As amended at Director's Hearing on 1/3/08). PL­I 2. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone number's shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (telephone number 951-676-5090),, PL-13, Regular hours of operation shall be as follows; Monday -Thursday 11a.m. to 10 p.m., Friday 11 a.m, to 11 p m., Saturday 8 a.m. to 11 p.m. and Sunday 8 a m, to 10 p.m. PL-14. In the case that the restaurant manager Would like to stay open past the regular hours, of operation (stated above) he/she may be permitted to stay open until 2:00 a.m, When this occurs, alcoholic.beveragps may be served until 2:00 a.m. as consistent with the provisions of California State Law, "Last call" for alcohol service shall occur at 1:30 a.m, as consistent with California State Law. PL_16. A separate building permit shall be obtained prior , to the commencement of construction, -tenant improvement or other interior or exterior improvements requiring building permits PL- 17, All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. I t PL- 18. All previous conditions of approval issued by the Fire Prevention Bureau, Community Service Department and Police Department, for PA07-0314 shall still apply and shall be complied with, in conjunction with the conditions set forth above. EXHIBIT A FINAL CONDITIONS OF APPROVAL SCANNED- G DRIVE: PERMITS PLUS., 08 INITIALS: PLANNER: tamte Wftnning\2007\PA07-0314 The Bank Upgrade to Type 47 Minor CUPPlanninij\FINAL COA-CUP.doc 0325 EXH 14 - 0258 11 I, Craig Puma, understand that Planning Application No. PA07-031 4 has been approved with Conditions of Approval which are set forth in Exhibit A. I have read the Conditions of Approval contained in DH Resolution No. 08-001, and understand them, Through signing this ACCEPTANCE OF CONDITIONS OF APPROVAL, I agree and commit to the City of Temecula that I will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions. .t 6/ �� 1, •�` .�y ICNA r DATE GAPIanning120071PA07.0314 The Bank Upgrade to Type 47 Minor CUP1PIenn1ngkFINAL COA-CUP,doc 0326 El Planning Department 43200 Business Park Drive • Temecula, CA 92590 * Mailing Address: P.O. Box 9033 • Temecula, CA 92599.9033 (951) 694-6400 • FAX (951) 694-6477 January 4, 2008 Mr. Craig Puma The Bank of Mexican Food 31415 Cabern Court Temecula, CA 92591 SUBJECT; Planning Application No. PAO7"-0314, a Minor Conditional Use Permit to upgrade an existing Type-41 ABC license to a Type-47 ABC license authorizing the sale of beer, wine and distilled spirits at an existing restaurant Dear Mr. Puma: On January 3, 2008 the City of Temecula Planning Director approved the above referenced project subject to the enclosed final Conditions of Approval. Please review and sign the enclosed Acceptance of Conditions of Approval document and return the document with an original signature to the Planning Department within 48 hours of receipt of this letter. Anyone dissatisfied with this decision or the Conditions of Approval may appeal it within fifteen calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed. This approval is effective until January 3, 2010 unless extended in accordance with the Development Code. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date. ............. _. .... - It has been a pleasure working with you during the entitlement process, If you have any questions regarding this subject or approval, please contact me at (951) 694-6400 or by email at i<atie jtq,rIrr�te ct�cit c ftarn ui rcd. Sincerely, Katie Le Comte Assistant Planner Enclosures: Stamped Plans Final Conditions of Approval Acceptance of Conditions of Approval cc: Diane Ball, Building and Safety (no plans) Elsa Wigle, Fire Prevention (stamped plans) Barbara Smith, Community Services (stamped plans) Lynn Fanene, Temecula Police Department (stamped plans) G:1Planning120071PA07-0314 The Bank Upgrade to Type 1PlanninglAPPROVAL L.TR,doc- EXH 14 - 0260 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL. Planning Application No.: PA07.0314 Project Description: A Minor Conditional Use Permit to upgrade an existing Type-41 ABC license (on -sale beer and wine -eating place), to a Type-47 ABC license (on -sale general), which would authorize the sale of beer, wine and distilled spirits at an existing restaurant, The Bank of Mexican Food, located at 28645 Old Town Front Street Assessor's Parcel No. 922.036-011 MSHCP Category: NIA DIF Category: NIA TUMF Category: NIA Approval Date: January 3, 2008 Expiration Date: January 3, 2010 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty -Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 16062. If within said 48-hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711,4(c)). 2. The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department. GAP1ann1ngl2007tPA07-0314 Tho Bank Upgrade to Type 47 Minor CUPiPlanningkF NAL COA-CUP.doc 0328 EXH 14 - 0261 11 GENERAL REQUIREMENTS El GAPlanning1200nPA07-0314 The Bank Upgrade to Type 47 Voi ienningWINAL CQA-CUP,doc it EXH 14 - 0262 Planning Department 31 The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application, The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best Interest of the City and its citizens In regards to such defense. 4. The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval. 5, This Conditional Use Permit may be revoked pursuant to Section 17.03,080 of the City's Development Code. 6. The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (Including the Conditions of Approval) based on changed circumstances, Changed circumstances Include, but are not limited to the modification of the business, a change in scope, emphasis, slxe or nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is In addition to, and not in -lieu of, the right of the City, Its Planning Director, Planning Commission, and City Council to review and revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon, T The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. 8, The permittee shall submit a minor modification application to be approved for any exterior changes made to the building, including any fencing or gates that may be constructed In the future, 9. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use Is meant the beginning of substantial construction contemplated by this approval within the two-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 10. If commencement of the use has not occurred within two years of approval of this permit, the permittee may file an application at lest thirty days prior to expiration of the Conditional Use Permit, apply for up to 3 one-year extensions of time. Each extension of time shall be granted in one-year increments only. GAP1ann1ng%2001)VA07.0314 The Bank Upgrade to Type 47 Minor CUNPIanningWINA1 COA•CUP.doc F EXH 14 - 0263 11. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Aicoho! and Drugs (L.E.A.D.), or received training from any' other program certified by the California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 1/3108). 12, An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (telephone number 951-676-5090). 13, Regular hours of operation shall be as follows: Monday -Thursday 11 a.m. to 10 p.m., Friday 11 a.m. to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8 a.m. to 10 p.m. On holidays (including Cinco De Mayo) the facility shall be permitted to close at midnight. The sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday. The sale of alcohol shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. (As amended at Directors Hearing on 1/3108). 14. A separate building permit shall be obtained prior to the commencement of construction, tenant improvement or other interior or exterior improvements requiring building permits. 15. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Fire Prevention 16. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 17. During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up to their original design and performance specifications (CFC art.87 et al). 18. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection (CFC 105). 19. Prior to issuance of building pert -nit, any changes affecting the fire sprinkler system shall require a permit for the fire sprinkler system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the .. installing contractor to the Fire Prevention Bureau. 20. Prior to issuance of building permit, any changes affecting the fire alarm system shall require a permit for the fire alarm system, Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. If any cooking appliances have been added and GSPlanning120071PA07-0314 The Bank Upgrade to Type 47 M0411nninglFINAL COA•CUP.doc EXH 14 - 0264 Agh Community Services Department 21. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul construction debris. 22. The Applicant shall comply with the Public Art Ordinance, Details of the ordinance can be located on the City's website at www.cityoftemecula.org; under Chapter 5.08 of the Municipal Code. 21 Prior to issuance of building permits, the developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Police Department 24. Applicant has applied for a Type 47 (on -sale general - eating place) through the Riverside District Office of Alcoholic Beverage Control. Authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises. Authorizes the sale of beer and wine for consumption on the licensed premises. Must operate and maintain the licensed premises as a bona tide eating place. Must make actual and substantial sales of meals, during the normal meal hours that they are open, at least five days a week. Normal mealtimes are 6:00 a.m. -- 9:00 a.m., 11:00 a.m. - 2:00 p.m., and 6:00 p.m. - 9:00 p.m. Premises that are not open five days a week must serve meals on the days they are open. Minors are allowed on the premises. The applicant currently has a Type 41 (on -sale beer and wine). 25. Applicant will also comply with City Ordinance 97-07, (9.14.010 Temecula Municipal Code series). 26. Identification will be verified utilizing one of the following: a. A valid California driver's license b. A valid California identification card C. A valid military Identification card (active/reserve/retired/dependent) d. A valid driver's license from any of the fifty States or Territories of the United States e. A valid U.S. Passport f. A valid government Issued identification card issued by a Federal, State, County or City agency 27. As noted above, only a valid government issued identification card issued by a Federal, State, County or City (municipal) agency is acceptable, providing it complies with the below requirements (25660 Business and Profession Code): a. Name of person b Date of birth C. Physical description d. Photograph e. Currently valid.(not expired) GAPIenn1n9120071PA07•0314 The Bank Upgrade to Type 47 Mlnor CURPlanningtFINAL COA-CUP.doc 0332 EXH 14 - 0265 Alk 28. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. For this reason, the Temecula Police Department has imposed a mandatory training for all employees involved in the service and sales of alcoholic beverages, Also, the Temecula Police Department conducts an Alcohol Review Board for all new businesses with a Type 47 license. Contact the Temecula Police Crime Prevention and Plans Officer at (951) 095-2773 to set up a training date. An Alcohol Review Board has been scheduled for Wednesday, December 12, 2007 at 10:00 a.m, at the Police Mail office. Training and review board must be completed prior to the usage of the Type 47 license. Applicant will ensure all new employees/management personnel are trained in the use and service of alcoholic beverages. All alcohol training is provided free of charge by the Temecula Police Department. 29. Miscellaneous: a. After Hours: Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m, of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B&P code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00am). (Section 25632 B&P), Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter than the law. Those licenses are marked "Conditional." (23805 B&P), b. Authority of Peace Officers/Refusing Inspection: Police officers, sheriffs deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This Includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer. (Sections 25616, 25753, and 25755 B&P; 148 and 241(b) PC). c. Disorderly House: Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc., and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises include the parking lot. (Section 25601 B&P; 316 PC). d. Entertainers and Conduct: On -sale licensees who offer entertainment must abide by the following rules: (1) No licensee shall permit any person to perform acts of or acts which simulate: (a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law. (b) The -touching,-caressing-or-fondling-on-the-breast, buttocks, -anus -or genitals. -(c) The displaying of the pubic hair, anus, vulva or genitals. (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus, (Rule 143.3 CCR. Also violates sections 311.6 PC if conduct is "obscene," e.g., intercourse, sodomy, masturbation, etc.) GAPIanning120071PA07-0314 The Bank Upgrade to Type 47 KUA a2 3anninglFINAL COA-CUP.doo EXH 14 - 0266 e. Alcohol Review Board: A review board will convene with the applicant on Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mall Storefront conference room. Final recommendations to ABC Riverside will be forwarded under separate cover, GAPianningt2007WA07.0314 The Bank Upgrade to Type 47 V%IXnning%FINAL COA•CUP.doc EXH 14 - 0267 C DH RESOLUTION NO. 08.001 El A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA, APPROVING PLANNING APPLICATION NO. PA07-0314, A MINOR CONDITIONAL USE PERMIT TO UPGRADE A TYPE-41 ABC LICENSE (ON -SALE BEER AND WINE -EATING PLACE), TO A TYPE-47 ABC LICENSE (ON -SALE GENERAL), WHICH WOULD AUTHORIZE THE SALE OF BEER, WINE AND DISTILLED SPIRITS AT THE BANK OF MEXICAN FOOD RESTAURANT, LOCATED AT 28645 OLD TOWN FRONT STREET (APN: 922-036-011) Section 1. Procedural Findin s. The Planning Director of the City of Temecula does hereby find, determine and declare that: A. On November 7, 2007, Mr. Craig Puma, applicant and owner of The Bank of Mexican Food restaurant, filed Planning Application No. PA07-0314, a Minor Conditional Use Permit, in a manner in accord with the City of Temecula General Plan and Development Code, B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Director, at a regular meeting, considered the Application and environmental review on January 3, 2008, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Director's Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA07-0314 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA07-0314 conformed to the City of Temecula's General Plan and Development Code and Old Town Specific Plan. Section 2. Furth r Findings. The Planning Director, in approving Planning Application No. PA07-0314 hereby makes the following findings as required by Section 17.040.010.E — (Conditional Use Permit) of the Temecula Municipal Code: Minor Conditional Use Permit — Development Code Section 17.040.010.E A. The proposed conditional use is consistent with the General Plan and th Development Code. The proposed use is consistent with the specific policies and goals outlined in the City's General Plan that are to be implemented within the Old Town area. The proposal to upgrade an alcohol license from a Type 41 license (on -sale beer and wine -- eating place) to a Type 47 license (on -sale general — eating place) for an G:\Planning\2007\PA07.03 !4'rtre Bank Upgrade to Type 47 Min(*3 ns\UH RESOLUTION EXEMPT FROM CEQA.doc ...F EXH 14 - 0268 El El existing restaurant, The Bank of Mexican Food, located within Old Town's Tourist Retail Core zoning district is consistent with goals and polices reflected in the Old Town Specific Plan. The proposed use is also consistent with the goals and policies of the underlying General Plan Land Use Designation (Community Commercial), contained within the General Plan, The General Plan states that the Old Town area should be utilized to promote tourism and related activities within the City. The Old Town Specific Plan indicates that Old Town should be developed to provide local and tourist oriented retail services and promote existing development and uses that add to the "thematic" ambiance of the Old Town area. The proposed project is anticipated to enhance the vibrancy in the Old Town area. The project is consistent with the surrounding uses and meets all applicable Development Code requirements, including the 500' sensitive use separation requirement. The site has been properly planned and zoned and found to be physically suitable for the proposed use. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed conditional use is compatible with adjacent land uses as defined in the General Plan and Old Town Specific Plan. The proposed use has been analyzed and compared to the adjacent land uses and it has determined that the proposed use will be consistent with the surrounding uses. The area in which The Bank of Mexican Food Restaurant is located consists of a mixture of uses which includes retail and commercial, as well as other restaurant uses and wine tasting facilities. The restaurants in the immediate vicinity also serve alcoholic beverages without having an adverse effect on adjacent uses. It is anticipated that the proposed use will not adversely affect any of the surrounding properties because the use will occur within an existing building at an existing restaurant that currently holds a Type-41(on-sale beer and wine -eating place) license. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The Bank of Mexican Food currently exists on -site and when the property was developed it was determined that the site was adequate in size and shape to accommodate the building and all required development features. It has been determined that the project is consistent with the Development Code and Old Town Specific Plan requirements, as related to the requested ABC license upgrade. No exterior changes are being proposed as a part of this planning application. The only change being proposed is related to the use and authorization for this existing restaurant to serve beer and wine, along with distilled spirits. In addition, the City Police Department has reviewed the proposed project and has issued Conditions of Approval. GAPlanning12007\PA07.0314 The Bank Upgrade to Type 47 Minng\AH RESOLUTION EXEMPT FROM CEQA.doc EXH 14 - 0269 D. The nature of the proposed minor conditional use is not detrimental to the health, safety and general welfare of the community. The nature of the proposed use is not detrimental to the health, safety and general welfare of the community. The restaurant currently holds an active Type- 4 1 license (on -sale beer and wine -eating place) which allows the establishment to serve beer and wine on the premises. The upgrade to a Type-47 license (on - sale general -eating place), which will authorize the establishment to serve beer, wine and distilled spirits, will provide an additional service and convenience to patrons within the community. The site is also consistent with the City's Development Code requirement regarding separation .of sensitive uses. It has been determined through GIS data that the 500 foot sensitive use separation requirement has been met. Furthermore, the City of Temecula Police Department has provided conditions of approval for the project and concurs with the request for tho liconso upgrade and sale of alcoholic products at the project site. Section 3. Environmental Findings, The Director of Planning hereby make the following environmental findings and determinations in connection with the approval of the Minor Conditional Use Permit application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (15301, Class 1, Existing Facilities); The key consideration for the existing facilities exemption is whether the project involves negligible or no expansion of an existing use. It has been determined that this project is categorically exempt according to CEQA Section 15301, Class 1 (Existing Facilities) because no expansion or construction is proposed as a part of this project. The restaurant currently exists on -site. The upgrade of an ABC license which authorizes this restaurant to serve not only beer and wine, but also distilled spirits, does not involve the physical expansion of the existing use or structure, The land use is not changing; the restaurant currently exists and will continue to exist. The only change is to the type of beverages that are authorized to be sold on the premises. Section 4. Conditions, That Planning Director of the City of Temecula hereby approves Planning Application No. PA07-0314, a Minor Conditional Use Permit to upgrade a Type-41 ABC license (on -sale beer and wine -eating place), to a Type-47 ABC license (on -sale general), which would authorize the sale of beer, wine and distilled spirits at The Bank of Mexican Food restaurant, located at 28645 Old Town Front Street subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. 0..1Planning12007\PA07-0714'1'he Gunk Upgrade to Type V MinoV,", DH RESOLUTION EXEMPT FROM CEQA.doc r,,..�. _...� .... r. _. EXH 14 - 0270 r Section 5. PASSED, APPROVED AND ADOPTED by the Planning Director of the City of Temecula this 3`d day of January 2008. Debbie Ubnoske, Director of Planning E 1, Kathy Simpkins, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 08-001 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 3rd day of January 2008. Kat Simp ts.,ecr ary GAI`Ianning\20071PA07-0314 The Bank Upgrade to Type 47 MinoDR RESOLUTION EXEMPT FROM CEQA,doe EXH 14 - 0271 rW 0339 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PETER M. THORSON (BAR NO. 83088) CITY ATTORNEY CITY OF TEMECULA RICHARDS, WATSON & GERSHON A Professional Corporation JENNIFER PETRUSIS (BAR NO. 235144) jpetrusis@rwglaw.com 350 South Grand Avenue, 37th Floor Los Angeles, California 90071 Telephone: 213.626.8484 Facsimile: 213.626.0078 Attorneys for Agency City of Temecula STATE OF CALIFORNIA OFFICE OF ADMINISTRATIVE HEARINGS In Re OAH Case No. 2022051021 The Bank CITY OF TEMECULA'S REBUTTAL CLOSING ARGUMENT 0340 11086-0773\2720589v1.doc CITY OF TEMECULA'S REBUTTAL CLOSING ARGUMENT I The City of Temecula respectfully submits its written Rebuttal Closing Argument in 2 this matter. 3 4 I. ZIP THIRD WAS ON NOTICE ABOUT THE VIOLATIONS SINCE 5 AUGUST 2021. 6 Zip Third Investment, LLC ("Zip Third") devotes its closing argument to arguing 7 that it did not receive sufficient notice of the violations by its tenant, The Bank. Curiously, 8 Mr. Solomon admitted that Zip Third received copies of at least 16 civil penalty letters and 9 Mr. Solomon testified that the property manager employed by Zip Third knew about the 10 violations. Nevertheless, Zip Third decides to blame others, the City, and COVID for why Z 0 11 it did nothing in response to the 73 communications it received from the City dating back to o 12 August 2021. � o OL cr z 13 Zip Third's focus on Municipal Code section 1.21.050(B), which is regarding 0 H 14 service of an administrative citation on a business owner, is misplaced. The citations and .ow 15 civil penalties were not issued to Zip Third, but rather to CNC Puma Corporation, i.e. the LL N o16 business owner. As Mr. Puma testified, it is CNC Puma Corporation ("CNC Puma") that 17 holds the business license for The Bank. There is no dispute that these citations and civil 18 penalties were properly served on the business owner. Zip Third cannot conscript the 19 service procedures for an administrative citation to claim it did not receive notice of the 20 violations. We know it received notice based on the testimony of Code Enforcement 21 Officer Tom Cole and based on Mr. Solomon's testimony. 22 Mr. Cole testified that he sent a letter on August 20, 2021 to Zip Third Investments, 23 LLC at its business address (Ex. 12). This is the same address that Mr. Solomon confirmed 24 is the proper business address for Zip Third. This letter states that it is to inform Zip Third 25 about violations of the Municipal Code at its property by its tenant, The Bank. It 26 specifically mentions the violations of the operating hours. It notifies Zip Third that the 27 City had been issuing, and would continue to issue, civil penalties for these violations. It 28 invited Zip Third to contact Mr. Cole6itliad any questions. It is disingenuous for Zip J34-2- CITY OF TEMECULA'S REBUTTAL CLOSING ARGUMENT 11086-0773\2720589v1.doc I Third to now claim that this letter did not sufficiently put Zip Third on notice about the 2 violations. 3 Mr. Cole also testified that he sent copies of civil penalty letters to Zip Third from 4 that time in August 2021. Indeed, Mr. Solomon admitted that his office received copies of 5 at least 16 of the civil penalty letters and that his property manager was aware of the 6 violations. Zip Third's criticism that the City did not do more is unfair. It was not required 7 to do anything more under the Municipal Code. Mr. Solomon provided no explanation 8 except to state that he did not visit his office often during the pandemic. Put simply, Mr. 9 Solomon's decision not to visit his office is not the City's responsibility and it certainly 10 does not establish a violation of due process. The City sending a notice letter in August Z z 11 2021 and thereafter copies of 72 civil penalty notices (those between August 20, 2021 and o 0 12 May 19, 2022) to the business address of the property owner is sufficient to put the property � o LU r ¢ z 13 owner on sufficient notice of the violations of its tenant. d O H 14 Zip Third cannot blame the City for the deficiencies of its business practices and .ow 15 claim that these deficiencies amount to a violation of due process. Zip Third did nothing LL N a w 16 about the violations until after the City initiated its revocation action, which was months oa 17 after it received at least the copies of civil penalty letters issued in March 2022. How many 18 more notices did Zip Third think it was entitled to? Had the City only begun issuing civil 19 penalty letters in March 2022, this would have been sufficient notice to the property owner. 20 Zip Third might now be regretting how its office handles receiving mail from the City and 21 it might be regretting its choice in a property manager, but again, this is not the City's 22 responsibility and it does not demonstrate that the City failed to provide sufficient notice of 23 the violations. The City fulfilled its obligations under the Municipal Code. 24 Zip Third argues it was its tenant that violated the CUP and that it did nothing. Zip 25 Third doing nothing is the exact problem. The City is not required to stand by while a 26 restaurant violates its CUP over the course of 17 months because the property owner 27 decides not to take action. The City is required to establish by clear and convincing 28 evidence the facts upon which the PI irector's recommendation of revocation is -3- CITY OF TEMECULA'S REBUTTAL CLOSING ARGUMENT 11086-0773\2720589v1.doc I based. (Ex. 1; Section 17.03.085(A)(4)). It is undisputed that the violations that formed the 2 basis of the citations and civil penalties listed in the Planning Director's recommendation 3 occurred. It is undisputed that The Bank violated its permitted operating hours and 4 committed numerous noise violations. The City has met its burden. Zip Third attempts to 5 deflect from the real issue by complaining that it is just the property owner and that it did 6 not commit the violations itself. However, the issue before the Administrative Law Judge 7 is whether there were violations of the CUP. The answer is irrefutably "yes" and the City 8 has demonstrated that Zip Third was on notice of those violations for the 9 months before 9 the City initiated its revocation action. Zip Third cannot avoid a revocation of the CUP by 10 doing nothing in response to the violations by its tenant. Z 0 11 II. RESPONDENTS CANNOT NOW CHALLENGE THE CONDITIONS OF o 12 APPROVAL. � o LU r ¢ z 13 It is undisputed that The Bank is in violation of its Conditional Use Permit and has d 0 H 14 been in violation for at least the past 17 months and that it continued to violate even after .ow 15 receiving a Notification from Mr. Watson that he is recommending revocation of the CUP. LL N a w 16 CNC Puma devotes its closing argument to arguing that the operating hours, as set forth in oa 17 Condition of Approval No. 12 of PA 12-0041, are not valid. The validity of the Conditions 18 of Approval in PA 12-0041 is not properly before the Office of Administrative Hearings in 19 this proceeding. The deadline to appeal the Conditions of Approval has long since passed. 20 It is undisputed that neither Mr. Puma nor anyone associated with CNC Puma ever 21 appealed the Conditions of Approval and the City is not obligated now to explain why it 22 adjusted the operating hours when it granted Mr. Puma's request for background music. 23 CNC Puma cannot convert this revocation matter into an appeal of the Conditions of 24 Approval of its CUP. 25 Interestingly, CNC Puma fails to explain why it never submitted an application for 26 minor modification, even after it started to receive and pay citations and civil penalties for 27 its violations and even though Mr. Puma was familiar with the process by which to request 28 a modification to the operating hours 0 y, the answer is because it did not want to. -4- CITY OF TEMECULA'S REBUTTAL CLOSING ARGUMENT 11086-0773\2720589v1.doc I The Bank did not want to comply with the current, reduced hours. It saw a business 2 opportunity to stay open later than allowed. Therefore, it made the business decision to 3 continue to violate the CUP, pay the citations and civil penalties, and hope the City would 4 not revoke the CUP. 5 III. THE DOCTRINE OF LACHES IS NOT AVAILABLE TO CNC PUMA. 6 CNC Puma claims the doctrine of laches prevents the City from enforcing the 7 Conditions of Approval. Laches is unavailable to CNC Puma. "The defense of laches 8 requires unreasonable delay plus either acquiescence in the act about which plaintiff 9 complains or prejudice to the defendant resulting from the delay." Feduniak v. California 10 Coastal Com. (2007) 148 Cal.AppAth 1346, 1381 (holding the Commission did not Z 0 11 acquiesce in an easement violation that it did not know about, nor did it unreasonably delay o 2 12 enforcement). Furthermore, "laches is not available where it would nullify an important � o LU r z d 13 policy adopted for the benefit of the public." Golden Gate Water Ski Club v. County of 0 H 14 Contra Costa (2008) 165 Cal.AppAth 249, 263 (holding that a County was not barred by .ow 15 laches in ordering the destruction of dwelling units, outhouses and docks that the Golden LL N a w 16 Gate Water Ski Club had erected without any land use or related permits 33 years before oa 17 the County issued a notice of violation). 18 Here, there is no evidence that City officials or City employees charged with making 19 decisions on enforcement knew about The Bank violating its operating hours and then 20 decided to acquiesce to those violations. Rather, City witnesses testified that once the City 21 was aware of the violations, the City began issuing citations and civil penalty notices, and 22 continued that practice every weekend for 17 months. Furthermore, CNC Puma has failed 23 to demonstrate any prejudice. Mr. Puma failed to review the Conditions of Approval 24 contained in PA 12-0049. That CNC Puma is unhappy after learning about the permitted 25 operating hours is not the same thing as demonstrating prejudice. There is no evidence that 26 the City ever told CNC Puma that The Bank could violate the operating hours set forth in 27 PA 12-0049 and that CNC Puma thereafter relied upon that permission to its detriment. 28 0344 -5- CITY OF TEMECULA'S REBUTTAL CLOSING ARGUMENT 11086-0773\2720589v1.doc I IV. IT IS UNDISPUTED THAT THERE HAVE BEEN NUMEROUS NOISE 2 VIOLATIONS AND SERIOUS CRIMES AT OR CONNECTED WITH THE 3 BANK. 4 Respondents do not, and indeed cannot, dispute the noise violations that were the 5 basis for 17 citations on those grounds. These violations, by themselves, would be grounds 6 to revoke the CUP. CNC Puma is incorrect that the City did not present any evidence of 7 complaints; City witnesses testified that the City had received noise complaints. 8 CNC Puma does not dispute that there have been numerous crimes that have 9 occurred at or were connected with The Bank. It does not dispute that a January 2022 10 shooting took place at The Bank and, indeed, that the victim of the shooting was a former z o 11 security guard of The Bank. Ms. Lane admitted not all of her security guards were licensed o 2 12 and Sgt. Hephner testified that the former security guard that was shot and killed was a � o OL cr 13 convicted felon and had been on probation. z o 0 H 14 CNC Puma's argument that other establishments in Old Town Temecula have had .ow 15 more instances of criminal activity is unpersuasive and does nothing to dispute that The LL N a w 16 Bank is a disorderly house in violation of Condition of Approval No. 28c. The definition of oa 17 "disorderly house" in Condition of Approval No. 28c does not state the establishment must 18 have more criminal instances as compared to other establishments. It does not contain a 19 minimum amount of criminal instances. The instances of criminal activity at or connected 20 to Old Town Temecula bars and restaurants is deeply concerning to the City and City 21 witnesses, specifically, Mr. Watson, Mr. Cole, and Sgt. Hephner, testified about the 22 extensive efforts the City has taken to address criminal activity in the Old Town Temecula 23 area, including forming a special task force to visit every bar and restaurant establishment 24 on Friday and Saturday nights. 25 V. CONCLUSION. 26 There is no question that Respondents were on notice of the violation. They 27 received the Planning Director's notification and OAH has conducted a hearing in 28 accordance with the Municipal Codeoji4gity has met its obligations under the Municipal -6- CITY OF TEMECULA'S REBUTTAL CLOSING ARGUMENT 11086-0773\2720589v1.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Code and it has demonstrated through clear and convincing evidence that violations of the CUP have occurred. The City is not obligated to stand by while The Bank continues to violate its CUP. Accordingly, the City respectfully requests that OAH issue a decision pursuant to Section 17.03.085 that the CUP is revoked. Dated: September 19, 2022 RICHARDS, WATSON & GERSHON A Professional Corporation JENNIFER PETRUSIS M. �Et' IFA PETRUSIS orneys for Agency CITY OF TEMECULA 0346 -7- CITY OF TEMECULA'S REBUTTAL CLOSING ARGUMENT 11086-0773\2720589v1.doc 1 PROOF OF SERVICE 2 In Re The Bank 3 OAH Case No. 2022051021 4 I, Mary Greer, declare: 5 I am a resident of the State of California and over the age of eighteen years and not a party to the within action. My business address is 350 South Grand Avenue, 37th Floor, Los Angeles, 6 California 90071. On September 19, 2022, I served the within document(s) described as: 7 CITY OF TEMECULA'S CLOSING REBUTTAL BRIEF 8 on the interested parties in this action as stated on the attached mailing list. 9 RI (BY ELECTRONIC SERVICE) By submitting an electronic version of the document(s) to OAH through their user interface. 10 I declare under penalty of perjury under the laws of the State of California that the 11 foregoing is true and correct. 12 Executed on September 19, 2022, at Los Angeles, California. 13 14 / Mary Greer 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0347 -I- PROOF OF SERVICE 11086-0773\2720690v1.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SERVICE LIST Via E-Service Via E-Service Craig Puma Elizabeth L. Martyn 28645 Old Town Front Street Tyler Sherman Temecula, CA 92590 COLE HUBER LLP cpumavi(kgmail.com 2855 E. Guasti Road, Suite 402 Ontario, CA 91761 martynlaw2000 kao 1. com tshermangco lehuber. com rbolin(kcolehuber.com ssariswold(kcolehuber.com Attorneys for ZipThird Investments LLC Via E-Service Thomas Callaway, Esq. 43537 Ridge Park Dr. Temecula, CA 92590 tomcallawaygverizon. net Attorney for Amanda Moore and CNC Puma Corporation 0348 -2- PROOF OF SERVICE 11086-0773\2720690v1.doc r� 0349 In 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THOMAS J. CALLAWAY, ESQ., SBN 145001 43537 Ridge Park Drive Temecula, CA. 92590 (951) 201-6982 Tomcallaway@verizon.net Attorney for Respondents CNC PUMA CORPORATION, AMANDA MOORE, THE BANK In Re I THE BANK STATE OF CALIFORNIA OFFICE OF ADMINISTRATIVE HEARINGS ) OAH CASE NO: 2022051021 } CLOSING STATEMENT OF RESPONDENT PUMA CNC dba THE BANK Revocation of CUP Hearing Date: August 31 and September 1, 2022 Time: 9:00 AM Dep't: Zoom Telephonic Conference ) This matter is based on three (3) alleged violations as set forth in their May 19,2022 Notice: l . Condition 12 violation of regular hours of business; 2. Condition 12 violation of hours for alcohol sales; 3. Condition 28.c operating a disorderly house, defined as one which (a) disturbs neighbors with noise and loud music or (b) has many ongoing crimes inside added) such as drunks, fights, assaults, prostitution, narcotics, etc.. As to the Condition 12 issues; Agency provided written evidence and supporting testimony of over one -hundred civil penalties and citations. As to the Condition 28.c allegations, Agency provided evidence of seventeen (17) noise 1 0350 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 violations limited to the time period of April 2,2021 and July 3,2021 and supporting testimony of Agency employee Tom Cole along with the oral testimony of RSO Sergeant Hephner. The Condition 12 violations are based entirely on the Agency's erroneous position that The Bank "Regular hours of operations are"; "10:00 pm Sunday — Thursday, 11:00 pm Friday and Saturday; and on holidays (including Cinco De Mayo) 12:00 am"; "the consumption of alcohol shall cease no later than one hour after closing. (As amended at Directors Hearing on 1/3/08)" since February 28, 2012. Specifically, Agency takes the position that a rather benign 2012 Minor Modification request made by The Bank to add "background music" in fact resulted in the rescission of The Bank's then operating hours up to 2:00 A.M. as allowed under a prior Minor Modification granted by the Agency in 2008. To accept Agency's position one must believe a number of rather dubious claims as fact. First that a 2012 request on behalf of The Bank to add a single musician would result in the City of Temecula taking away 26 hours of time The Bank could have otherwise been open. 7 testimony of Craig Puma was uncontroverted, that he wanted to add some music ambiance up to 10:00 pm and that was the sole reason he submitted the Minor Modification on February 27, 2012. Mr. Puma also testified that had he known or been told the approval of background music would only come at the cost of losing 26 hours of operating hours and not being able to stay open beyond 11:00 P.M. at the latest on a weekend night that he would not have made the request in the first place. Secondly, Agency was not able to provide any evidence as to why the supposed red in hours was required in order to get the background music request approved. The last minute rebuttal testimony of Stuart Fisk only generally referred to a meeting he had with Mr. Richards who was the one that, without explanation, required the operating hours be reduced. Mr. Fisk denied any involvement or input in the ultimate decision, instead placing it solely on 2 0351 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Mr. Richardson. Although, even in the intra office emails, that were submitted into evidence (Exhibit "H") between Luke Watson (Director of Community Development), Stuart Fisk (Planning Manager), Brandon Rabidou (Associate Planner 1) from 1/19/21 — 2/17/21 there is absolutely no reference to any reduction in hours or reasoning behind such in the 2012 minor modification. Additionally If the city was changing the hours intentionally then this would have amounted to a revocation of the 2008 modification or at the very least a modification of the 2008 modification which would have required notification of the permit holder as to why the change was being made and a chance to defend against this action, as per TMC 17.03.085. Both Mr. Puma and Mr. Fisk testified this was not done. Again the testimony of Mr. Puma was uncontroverted in that he had never been told at any time that his operating hours were being reduced let alone a reason. Further the approval letter drafted by Mr. Fisk makes no reference to any change in hours or to the 2008 Minor Modification. Mr. Fisk testified he was the one who directly spoke to Mr. Richardson and that personally drafted and signed the approval letter, and yet no mention of the City arbitrarily making such a significant and consequential change to Mr. Puma's business. No reaching out to Mr. Puma, with whom the City had a close working relationship, to give him a head's up about the change. Simply silence from the City as to letting Mr. Puma know about the change or why. Additionally there is no logical explanation given as to why operating hours would even Need to be reduced if the background music was only allowed up to 10:00 P.M. If music was cease per the approval at that time, then why would it be necessary to reduce operating hours from the already -approved 2:00 A.M.? Also, Mr. Fisk testified that Mr. Richardson was "very concerned" about allowing The Bank to operate to 2:00 A.M. with a background music approval. Mr. Puma testified that prior 3 0352 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to 2021 he had no issues, problems or violations whatsoever from the City regarding The Bank. What these vague problems were that the City was having with The Bank that necessitated a reduction in operating hours again are not explained by the City and no evidence to support their claims. Thirdly, the City would have us believe that a reduction in hours was absolutely in the face of a request for background music. Yet the testimony of Mr. Puma was that he continuously operated The Bank up to 2:00 A.M. from the time of the 2012 modification to when he became a minority holder in the company in 2020 as that was his belief as to the allowable hours. That was how he ran things. Yet the City would have you believe that officials involved in enforcement, CUP'S etc., whose offices are within direct eyesight of the entrance to The Bank, never once approached The Bank about a violation of their operating hours? The same hours that were so important to be reduced if background music was to be allowed and yet nobody ever followed up? The City's selective enforcement and nine year delay in seeking to enforce is violative of the well settled legal principle of laches and has caused The Bank obvious prejudice. The testimony of Mr. Puma again was uncontroverted that he operated until 2:00 A.M. from 2012 to 2020 without any issues or complaints from the City. In their defense Mr. Fisk, the person who had the most involvement with Mr. Puma in the 2012 application and prepared and signed the approval letter testified he is in bed by 10:00 P.M. Yet Mr. Puma also testified that many people that worked at the city, including the people named by the city to be involved in this matter often were customers of The Bank at all different hours. Consistently the City's narrative is contrary to common sense let alone the evidence presented on behalf of The Bank. The City claims there were some unexplained issues with The Bank such that when Mr. Puma voluntarily came to the City for a background music modification to 10 PM that such gave the City their window of opportunity to reduce The Bank's operating hours all without any explanation or disclosure to Mr. Puma. Further the 4 0353 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 City never did anything over nine years to enforce The Bank consistently and openly operating to 2 AM. I Lastly almost 20 paragraphs/sections of the language of the 2012 "Final Conditions of Approval" were obviously and carelessly copy and pasted from the 2007 "Final Conditions of Approval" including the section on the 2007 hours. In addition the 2012 language made multiple factually inaccurate and impossible references to meetings and dates from 2007 as well as a reference to The Bank seeking a type 47 license from a type 41, something that had been done 5 years earlier. It is clear The City did not have the 2008 Minor Modification at the time they considered the 2012 application and they simply copied the language of 2007. This is further born out by the email from The City of Temecula Fire Fire Marshall Elsa Wigle on September 28, 2021 (Exhibit "G") wherein she reviewed The Bank's file and made no reference whatsoever to a 2008 Minor Modification. The City now seeks to pile on over one -hundred violations on The Bank based on this singular Issue And further to have The Bank stripped of a valuable type 47 license and the ability to operate as other restaurants do in Old Town. The City's remaining claim is based on the Condition 28.c, operating a disorderly house. The first essential definition of this is outlined in The City's letter of May 19, 2022 as : nuisance to neighbors with noise and loud music. The City presented absolutely no evidence of any complaints of neighbors to the Bank of such a nuisance. Not a single neighbor was called. Further the landlord testified he never received any such complaints. For such a significant nuisance that the City wants to use to severely restrict The Bank's operations you would think at least one neighbor would be called, but none were. The City simply cited 17 noise citations limited to 3 month period from April 2, 2021 to July 3, 2021, which is almost 1 year prior to the efforts to punish The Bank. Both Tom Cole and Luke Watson testified this issue was resolved and that was reason citations ended. This is 4y 0354 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 not evidence of of a significant and continuous current problem to justify the relief sought by the City. The Second issue on disorderly house is crime inside such as drugs, prostitution, drunks, fights, assaults. The City presented the testimony of Sergeant Hephner which was very vague, often lacking in first-hand knowledge and painted with broad brush to try and connect 3 random events with The Bank. First was a chase resulting in an unidentified individual running from law enforcement and jumping over a fence and allegedly breaking his legs. There was no direct evidence this was in any way tied to The Bank and the testimony of Amanda Lane absolutely refuted any connection. Further there was shooting down the street from The Bank, again Sgt. Ephner had no first hand knowledge of any connection to The Bank. Ms. Lane testified she called in the shooting to law enforcement and when law enforcement came to The Bank and looked at video resulting in law enforcement agreeing there was no connection to The Bank. Third was the fatal shooting inside The Bank in January 2022. Sgt. Hephner and Luke Watson both testified that the reason The Bank was somehow at fault and that this was something other than a random location where this altercation happened to occur, was that The Bank should not have been open. This tenuous connection is based on their testimony the parties involved were in The Bank past the 10 PM hour. However, even though The Bank disagrees with the 10 PM operating hours alleged by The City, a reading of the 2012 Final Conditions of Approval clearly states in section 12 that the consumption of alcohol shall cease no later than 1 hour after closing. So their entire argument that nobody should have been in the Bank at approximately 10:30 pm when closing hours are 10 PM is contradicted by their own words. The City is left with nothing to show that anything The Bank did contributed to this incident. Sergeant Hephner also tried to tie a remote parking lot to The Bank and that issues there LV 0355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 are in essence The Bank's issues. There is no evidence tying that parking lot to ownership or control by The Bank. It is a parking lot open to all patrons of Old Town Temecula. There is no justification to connect that parking lot to The Bank and is consistent with Sgt. Hephner's broad and over -reaching attempt to blame The Bank. There was also generalized testimony about over -serving without any specific evidence presented by any patrons, ABC observers, ABC violations etc. It was only his general impressions without any testimony of specific incidents he saw or investigations into such. . Similarly there was general testimony from Sgt. Hephner about The Bank's security being an issue. Again there was no direct testimony the security used by The Bank violated any specifically identified laws, regulations or ordinances. He denied any need to ever arrest any security related to The Bank. Once again vague and generalized impressions by Sgt. Hephner and nothing more. Lastly was finally some documentary evidence about The Bank operating a disorderly house, and it came from The Bank. Service calls admitted into evidence demonstrated relatively few issues over a 1 year -plus period, compared to other establishments, calling into doubt Sergeant assertion The Bank is somehow a lone problem restaurant. Sgt. Hephner testified The Bank was a stand out problem for DUI's and public intoxications such that The Bank stood out to him as a particular problem. But a review of the service calls for The Bank and other establishments show zero service calls for The Bank involving DUI and 4 calls for public intoxication over a 13 month period. This written documentation maintained by Temecula law enforcement itself directly contradicts the vague narrative painted by Sgt. Hephner. In conclusion the drastic remedies requested by The City of Temecula should be denied 7 0356 2 3 t! 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 in their entirety. On the issue of the Condition 12 violations, it is clear the City of Temecula never intended to or did in fact modify the operating hours of The Bank to anything less than 2 AM. The actions of Mr. Puma in operating The Bank and lack of enforcement actions of The City are squarely consistent with that. The City brought in, on rebuttal, a city employee with no first hand knowledge of any decision making information as to the 2012 modification. Further the City failed to even call the best witness to provide even a glimmer of insight as to the City's decision making process on the 2012 modification while the testimony of Mr. Puma was clear, consistent and reasonable. Further the testimony on behalf of the City as to a disorderly house equally was unpersuasive and not only that the testimony offered by The Bank clearly showed it did not maintain a disorderly house. As such it is respectfully requested the relief sough by the City of Temecula be denied in it's entirety. DATED: September 12, 2022 THOMAS J. CALLAW Attorney for Respondei4 Dba THE BANK 0 0357 Corporation, 0358 1 THOMAS J. CALLAWAY, ESQ., SBN 145001 2 43537 Ridge Park Drive Temecula, CA. 92590 3 (951) 201-6982 Tomcallaway@verizon.net 4 5 Attorney for Respondent THE BANK 6 1 7 11 STATE OF CALIFORNIA 8 OFFICE OF ADMINISTRATIVE HEARINGS 9 10 11 In Re ) OAH CASE NO: 2022051021 ) 12 THE BANK ) NOTICE OF FILING OF EXHIBITS 13 ) 14 ) ) 15 ) ) 16 17 Pursuant to the INSTRUCTIONS FOR VIDEO OR TELECONFERENCE PROCEEDING 18 19 WITH CASE CENTER EXHIBITS, Respondent does hereby give Notice of Filing the 20 following Exhibits in the above -referenced matter: 21 22 1. Exhibit "A" The Bank PA-07-0314 CUP Modification; 23 2. Exhibit "B" The Bank PA-08-0236 CUP Modification; 24 3. Exhibit "C" The Bank PA 12-0041 CUP Modification; 25 26 4. Exhibit "D" Notice of Revocation of CUP April 13, 2022; 27 5. Exhibit ` E" Notice of Revocation of CUP April 18, 2022; 28 6. Exhibit "F" Notice of Revocation of CUP May 19, 2022; 7. Exhibit "G" Fire Marshall Email Thread beginning March 11, 2021; 1 11 0359 1I 1 11 8. Exhibit "H" Craig Puma Email Thread beginning March 5, 2021; 2 9. Exhibit "I" Craig Puma Email Thread beginning March 3, 2021; 3 4 10. Exhibit "J" BSIS Licensure Requirements; 5 11. Exhibit "K" Calls For Service -The Bank; 6 12. Exhibit "L" Calls For Service -The Stampede; 7 8 13. Exhibit "M" Calls For Service -Old Town Pub; 9 14. Exhibit "N" Calls For Service-Adelaide's; 10 11 15. Exhibit "O" Calls Fro Service -Baileys; 12 16. Exhibit "P" Calls For Service -Blackbird; 13 14 17. Exhibit "Q" City of Temecula Citation History' 15 18. Exhibit "R" Audio recording of Zoom Meeting with RSO Captain Zachary Hall. Please 16 note Respondent has been unable to file said recording in accordance with OAH procedural 17 18 requirements and is in process of making alternative arrangements to provide to the parties 19 and OAH. 20 21 Respondent hereby incorporates without acknowlcdgment of the veracity of same, as though 22 fully set forth herein all exhibits filed and/or offered by any other parties to this proceeding 23 including but not limited to the City of Temecula. 24 25 Further Respondent reserves the right to Amend this Notice of Filing of Exhibits based on 26 further discovered information or such other evidence that it was unable to produce at this time 27 despite good faith efforts to obtain such. 28 DATED: August 26, 2022 OMAS J. CALLA AY Attorney for Respondent TH K 2 0360 2 D3 EXHIBIT A 0361 D3 EXHIBIT A Pagel city of Temecuhi, 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 (951) 694-6400 FAX (951) 694-6477 E-Mail: www.cityoftemecula.org MINOR CONDITIONAL USE PERMIT Date Stamp n' � L (Public Hearing) ,�-7 D � Planning Application No. PROJECT INFORMATION (INCOMPLETE APPLICATIONS CANNOT BE ACCEPTED) Project Title: UP6112 " e- _Tz -t-v�� L(?CLtog_ l4C:F_t ,!5_ Project Description/Use: i_�l��� �. u - ? Assessor's Parcel No(s): 9aa03(V0 l I Legal Description (Tract, lot no.): �`[ow►1 0 '"r�VY1�CU(.va %T I Street Address (es): a �� d L17 "TC>u3 t3 J:;j�piJT S ,- --f u,rMV .l La %S' qg) General Location: 1RoNT / VY1 rk; o srRe e-c- ADDITIONAL PROJECT INFORMATION 11 Total Building Square Footage: Total Tenant Square footage. 24J Ttoui. pENoin►Cff- 114 r Zoning: SL General Plan: Related Cases:. �� ' .P hi in o ren o d -6r ex4, 00ud 0362 D4 RAApplications - Fomis\WQMP\Conditional Use Permit -Minor -Revised 06-05.doc 2 EXHIBIT A Page2 D5 APPLICANTIREPRESENTATIVEIOWNER INFORMATION GrAC-9wvvx ce>2P. d6A APPLICANTIREPRESENTATIVe Tur. fttSk a(-- NIFXir_10 CONTACT 4�i )MA.. ('RA I. S Tf+ti a LAST y FIRST MI PHONE NO. 1 51- $ ` 3 FAX NO. t 5 l — rMk WO-4 4 ADDRESS ?54 '5 CAA6Tt- - GT � � A C =1 J5C1 I STREET CITY STATE ZIP E-MAIL UMW ( Y'C�dYLtV�y�E tr , corn PROPERTY OWNER L-t UITk LAST FIRST ML PHONE NO. Z- L041 G� ( FAX NO. Z.� c39 0 Co+-I-�""., -2- ADDRESS � b� rSt�ta►�2-�?_ VIF. VkL-nR.IA 'c \/85 I k _5 Car•}ADla STREET CITY STATE ZIP E-MAIL r1�R'7p.W�j, �55 !2 W ravJ, CA I certify that all filing requirements have been satisfied for my application. I further understand that an incomplete application cannot be accepted �� Applicant's Signature Date. //. O-5 -.P'404 I certify under the penalty of the laws of the State of California that I am the property owner of the property that is the subject matter of this application and I am authorizing to and hereby do consent to the filing of this application and acknowledge that the final approval by the City of Temecula, if any, may result in restrictions, limitations andj construction obligations being im/pos d on this real property. 1 Owner/Authorized Agent Signature: K 1 'I ► t ° pate: )e U t Print Name: X t` �f1 iv I L O Written authorization sro. the legal property owner is required. An authorized agent for the owner must attach a notarized lr;ter of authorization from the legal property owner. b000Me" i AOJ FaX 0,51) -m - 0531 CX�►► �Il : 203-12%3 U 0363 D5 EXHIBIT A Page3 D6 PLANNING DEPARTMENT MINOR CONDITIONAL USE PERMIT APPLICATION SUBMITTAL REQUIREMENTS a Documentl Submittal Requirements Completed and Signed Application and Filing Fee 1 Site Plan (Described in Section A) 5 Floor Plan (Described in Section B) 5 8 1/2" X 11" Color Photos (Described in Section C) 1 Statement of Operations (Described in Section D) 1 Statement of Justification (Described in Section E) 1 Completed and signed WQMP Initial Checklist (Described in Section F) 2 Project -Specific Water Quality Management Plan (Consult with Public Works to determine if this item is required) 2 Hazardous Waste Site Information Form (Described in Section G) 1 Chemical Classification / Quantification Packet (If applicable) (See Fire Department for packet) 1 Underlying Conditions of Approval 1 Submittal Requirements Prior to Hearing Public Hearing Information (Described in Exhibit H) 1 Spiral Bound Color 11 "x17" reduction of all exhibits 10 8 Y2"x11" reduction of all exhibits 1 Mounted final color building elevations (3'x4') 1 Full size set of final site plan, elevations, floor plans, grading plan and landscape plan folded to 8'/z"x11" 10 0364 4 0 EXHIBIT A Page4 D7 PLAN PREPARATION AND GUIDELINES All plans shall be"drawn -on uniform sheets no less than 24" X 36" (or as approved by the Community Development Department), shall be folded into 1/8 sections with a folded size not to exceed 8 112" X 11 ". All plans shall be clear, legible and accurately scaled. SECTION A. SITE PLAN CONTENT 1 NJIXA Scale: Engineering scale not to exceed 1 "=40'. The following information shall be included on the plan: Name, address, and phone and fax number of applicant, owner, architect and/or engineer. Graphic scale (with bar scale) and north arrow Vicinity map Date Site Plan prepared tame tormattea in the tonowmg oraer: / Assessors rarcel NUmDer o Street Address (if available) o Legal description of the property. (i.e. o Zoning designation General Plan designation Existing land use/proposed land use 'o Total Gross Area: o Total Net Area: o Total Building Area: o Lot coverage: o Building area o Parking area Tract / Parcel Map and Lot(s)/parcel(s) square feet square feet square feet Square Feet s.f. s.f. o Landscaping area S.T. o Parking: Spaces Required o Ratio/square foot of use(s) spaces o Number of disabled spaces spaces o Total Parking spaces acres acres FAR Percentage Spaces Provided spaces spaces spaces o Floor Area Ratio o Occupancy classification (per Uniform Building Code) o Type of construction (per Uniform Building Code) o Indicate if building has fire sprinklers and/or alarm o Number of stories o Height of building (as measured from the pre-existing grade, finished grade or floor protection elevation, which ever is lowest to highest point on roof) ❑ Existing property lines in bold and label all dimensions (metes and bounds) ❑ Location and dimensions of all existing and proposed easements (with record reference) ❑ Proposed lot lines and dimensions, if applicable ❑ Delineate and label the minimum setbacks from all property lines ❑ Location and dimension of all existing and proposed structures, including building setbacks o Location and dimension of all landscaping and pedestrian walkways (shaded) ❑ Location and typical dimension of drive aisles, loading zones and parking stalls ❑ Location of existing and proposed onsite fuel tanks ❑ Location and dimension of all trash enclosure(s) ❑ Location of monument sign(s) (existing and proposed) ❑ All proposed public improvements, including cross sections ❑ Location of existing or proposed fire hydrants within 500 feet of project site ❑ Location of existing or proposed Fire Department connections (within 50 feet of a public hydrant and 40 feet away from the building ` ❑ Location of existing or proposed Post Indicator Valve ❑ Label interior and exterior turning radius dimensions at entries and drive aisles for emergency vehicle access (minimum interior — 37 feet; exterior — 56 feet; wheel cuts — 50 feet) Documentl 0305 D7 EXHIBIT A Page5 os ❑ Location and dimension of all walls and fences ❑ Location of all structures, driveways, parking areas, trees and adjoining property lines within 50 feet of the perimeter of the subject property ❑ Zoning and existing land use of adjacent parcels ❑ Phasing of the project (if proposed) ❑ Americans with Disabilities Act (ADA) path of travel (horizontal path of travel only) ❑ Location, type and height of all existing and proposed street, parking and pedestrian lights (Indicate any to be relocated) SECTION B. FLOOR PLAN CONTENT Scale: The scale used on the floor plans shall be no less than 114" per foot. Plans must be fully dimensioned. Large projects shall be no less than 118" per foot with 114" per foot details). The Floor plans shall illustrate all proposed (and existing, if applicable) buildings and structures. The following information shall be included on the plans: ❑ Proposed use for each room. ❑ Proposed square footage for each room. ❑ Clearly label and identify: o Restrooms o Exits o Doors o Hallways o Corridors o Elevators o Patio o Fire sprinkler riser room (with direct exterior access) o Fire alarm control panel o Location of Knox Box o Location of Fire Department connection (if wall mounted) SECTION C. STATEMENT OF OPERATIONS Provide a written statement outlining your request for a Minor Conditional Use Permit. Your response must give a detailed description of the proposed use and shall include, but is not be limited to: ❑ Hours and days of operation. ❑ Number of employees. ❑ Number of required parking. ❑ Average daily peak trips generated. ❑ Type of equipment or processes used. ❑ Description of hazardous materials (existing and new). ❑ Other descriptions that effectively describe the proposed use. SECTION D. 8 1/2" X 11" COLOR PHOTOS 8 1/2" X 11" color photos from interior of site looking north, south, east, and west with direction attached to each photo. SECTION E. STATEMENT OF JUSTIFICATION Documcntl EXHIBIT A Page6 • 0 D9 Provide written justification outlining your request for a Minor Conditional Use Permit. This justification must answer the following questions. Please provide a thorough explanation of your responses. 1. Is the site suitable and adequate for the proposed use? 2. Would the proposed use and design have a substantial adverse effect on traffic circulation and on the planned capacity of the street system? 3. Would the proposed use have a substantial adverse impact on the general welfare of persons residing in the community? 4. Is the design of the project compatible with the existing and proposed development within the district and its surroundings? SECTION F. WQMP INITIAL CHECKLIST A signed Water Quality Management Plan Initial Checklist must be completed and submitted with the application materials. The WQMP Initial Checklist has been provided and is available online at www.cityoftemecula.org. If "yes" can be answered to any of the criteria outlined in the checklist, a WQMP is required for the project. If a WQMP is required, it will have to be submitted with the application materials at the time of submittal. A sample WQMP is available online at www.citvoftemecula.org. ❑ WQMP Initial Checklist ❑ WQMP (if required) SECTION G. HAZARDOUS WASTE SITE INFORMATION FORM I Documend 0367 D9 EXHIBIT A Page7 Government Code Section 65962.5, which became effective July 1, 1987, requires the applicant for any development project to consult specified state -prepared lists of hazardous waste sites and submit a signed statement to the local agency indicating whether the project is located on or near an identified site. Under the statute, no application shall be accepted without this signed statement. PART A TO DETERMINE IF YOUR PROJECT IS WITHIN THE ONE -MILE RADIUS OF A HAZARDOUS WASTE SITE refer to the following list of State identified Hazardous Waste Sites. Identify the listed site by placing a check in the box provided and sign and date this form. Is the project within a one -mile radius of an identified hazardous waste site? Yes No REGIONAL WATER QUALITY CONTROL BOARD HAZARDOUS WASTE SITES ❑ Rancho Calif. Water District, 28061 Diaz Road, Temecula, CA 92590 a Borg Warner Mechanical Seal, 27941 Front Street, Temecula, CA 92590 ❑ Chevron Service Station, 28900 Rancho California Road, Temecula, CA 92590 o Plant Equipment, Inc., 28075 Diaz Road, Temecula, CA 92590 o Mobil, 28111 Front Street, Temecula, CA 92590 ❑ Penfold Properties, 28545 Front Street, Temecula, CA 92590 ❑ C.L. Pharris Ready Mix Plant, 29065 Front Street, Temecula, CA 92590 ❑ Temecula Fuel Center, 44987 Front Street, Temecula CA 92590 ❑ Arco, 27641 Ynez Road, Temecula, CA 92590 PART B TO DETERMINE IF YOUR PROJECT IS WITHIN A ONE -MILE RADIUS OF A PUBLIC WELL SITE, which could potentially be affected by a hazardous waste generator, refer to the following list of State identified Public Well Sites. Identify the listed site by placing a check in the box provided and sign and date this form on the last page. Is the project within a one -mile radius of an identified public well? Yes No DHS3 PUBLIC WELL SITES SERVING MORE THAN 200 CONNECTIONS ❑ Rancho Cal WD (#102), SW 1/4, SE 1/4, Sec. 2, T8S, R3W ❑ Rancho Cal WD (#114, 113), SE 1/4, NE 1/4, Sec. 25, T7S, R2W I (we) certify that I (we) have investigated and completed this hazardous waste site form, and that my (our) answers are true and correct to the best of my (our) knowledge. Owner/Representative Date SECTION H. PUBLIC HEARING REQUIREMENTS Document] 0 3§ Q v�`+�+ D 10 EXHIBIT A Page8 D11 The following information may be obtained by requesting a "Radius Package" from a title insurance company. The following items will be required prior to scheduling the application for public hearing: TWO identical packages to be inserted in separate 91/2" x 12 1/2" manila envelopes. These envelopes shall indicate the case number and the word "labels," and shall contain the following: a. One typed set of gummed labels (30 labels per sheet) indicating all the property owners' names and the mailing addresses that are within a 600-foot radius of the exterior of the proposed tract boundaries (this list shall be ascertained from the last equalized assessment roll). The Planning Application Number shall be located on all label sheets. *A minimum of the 30 nearest individual property owners (persons owning multiple properties shall only be counted once) shall be provided. Applicant is responsible for crossing out all duplicate labels. b. A photocopy of the aforementioned labels. C. One label for the representative/engineer. d. One label for the owner. 2. Four typed sets of gummed labels of the owner, engineer, and representative with their mailing addresses. Do not include duplicate sets where representative and owner, etc., are the same. These should be inserted in a letter -sized envelope and stapled to the outside of one of the large manila envelopes mentioned in item 1 above. 3. Certification by the Title Company, engineer, or surveyor that the above list is complete and accurate. The Tax Assessor's Office will not prepare or certify the property owner list (see certification form attached). 4. On a copy of your assessors parcel map show all the parcels within the noticing radius. On the map, print the names of all property owners within the noticing radius as they are listed on the gummed labels. PROPERTY OWNERS CERTIFICATION I, 1 _, certify that on _ (Print Name) (Month -day -year) Documcntl 03y69 D 11 EXHIBIT A Page9 the attached property owners list was prepared by Pursuant to application requirements furnished by the City of Temecula Planning Department. Said list is a complete and true compilation of owner of the subject property and all other property owners within 600 feet (or the 30 nearest individual property owners, whichever creates the greatest number of public notices (persons owning multiple properties shall only be counted once) of the property involved in the application and is based upon the latest equalized assessment rolls. I further certify that the information filed is true and correct to the best of my knowledge. I understand that incorrect or erroneous information may result in processing delays or be grounds for rejection or denial of the application. NAME: TITLE/REGISTRATION ADDRESS: PHONE: (Daytime phone no.) SIGNATURE: DATE: CASE NO.: Document) D12 EXHIBIT A Page10 1080 ! D13 WATER QUALITY MANAGEMENT PLAN (WQMP) INITIAL CHECKLIST Applicant Name: Planning Application Number: Project Name: Does the proposed project incorporate any of the following categories? Yes No (All questions must be answered) Modifications to Existing Developments — This category includes projects that create, add, or replace 5,000 sq. ft. or more of impervious surface on an already developed site. This category includes: (a) Expansion of a building footprint, or addition or replacement of a structure; (b) Increase in the gross floor area, or major exterior construction or remodeling; 1 (c) Replacement of impervious surfaces that are not part of routine maintenance activities; (d) Land disturbing activities related to a structure or impervious surface. Note: If modifications create less than 50% ofthe impervious surface ofa previously existing development, and the existing development was not originally subject to WQNT requirements, a WQNT shall be required only to the addition, and not to the entire development. 2 Residential Development - This category includes subdivisions of single-family homes, multi -family homes, condominiums, and apartments consisting of 10 or more dwelling units. 3 Non -Residential Development - This category includes projects that create more than 100,000 sq. ft. ofimpervious surface. 4 Automotive Maintenance and Repair Shops - This category includes facilities engaged in general maintenance and mechanical repairs; body and upholstery repair; painting; transmission and exhaust repair; tire servicing; glass repair. Restaurants - This category includes all eating and drinking establishments that create more than 5,000 sq. ft. of 5a impervious surface. Restaurants creating less than 5,000 sq. ft. of impervious surface are only required to follow the site design and 5b source control requirements of the WQMP. Hillside Development — This category includes any developments that create more than 5,000 sq. ft. of impervious 6 surface, are located in an area with known erosive soil conditions, and where the project will require grading natural slopes of25% 4:1 or steeper. Environmentally Sensitive Areas (ESAs) — This category includes all development located within or directly adjacent to or discharging directly to an ESA which either creates 2,500 sq. ft. of impervious surface or increases the area of imperviousness by 10% or more of its naturally occurring condition. 7 Note: 'Directly adjacent" means within 200 feet of the ESA. 'Discharging directly to" means outflow from a drainage conveyance system that is composed entirely of flows from the subject development or modification, and not commingled with flows from adjacent lands. Parking Lots - This category includes projects that create 5,000 sq. ft, or more of impervious surface for temporary 8 parking or storage of motor vehicles. This category includes parking areas associated with any of the developments outlined above. Routine maintenance, including removal and replacement, is exempt. Streets, Roads, Highways & Freeways — This category includes projects that create 5,000 sq. ft. or more of 9 impervious surface for transportation of motor vehicles. Routine maintenance, including removal and replacement, is exempt. 10 Retail Gasoline Outlets — This category applies if either ofthe following criteria is met: (a) 5,000 sq. ft. or more of If you answered "YES" to anv of the questions above. a nroiect-snecific Water nuality Manavement Plan must he nrenared and submitted. bocumentl D13 EXHIBIT A Page11 D14 FOR p'-POSSIT nF„ v n-11•; �� u `3 1 C111 �! . Imo_-_F r 1 U,JLV, 30 `�lieck J01 P, '✓ 1 RECEIPT NUMBER: R0130187 OWNER: MEARDON MAUREEN L PERMIT NO: PAO7-0314 TYPE: Planningl 10607 SITE ADDRESS: 28645 OLD TOWN FRONT ST TEME PARCEL: 922-036-011 LOCATION: TRANSACTION DATE: 11/07/2007 TOTAL PAYMENT: 3,078.00 TOTAL PAID FROM TRUST: .00 TOTAL PAID FROM CURRENCY: 3,078.00 BALANCE: $0.00 TRANSACTION LIST: Type Method Description Amount --------------------------------------------------------- Payment Check 1029 3,078.00 PUMA CRAIG TOTAL: 3,078.00 ACCOUNT ITEM LIST: Item# Description Account Code Current Pmts 14116 PLNG-CONDITIONAL USE PER RI 001.161.4116 2,766.00 26116 POLICE-COND USE PERMIT RI 001.170.4116 75.00 30116 FIRE -CONDITIONAL USE PMT RI 001.171.4116 237.00 TOTAL: 3,078.00 RECEIPT ISSUED BY: STILESL INITIALS: LS ENTERED DATE: 11/07/2007 TIME: 01:29 PM 0372 EXHIBIT A Page12 T- 4 0 • D15 Citv of Temecula Planning Department 43200 Business Park Drive • Temecula, CA 92590 • Mailing Address: P.O. Box 9033 • Temecula, CA 92589-9033 (951) 694-6400 • FAX (951) 694-6477 January 4, 2008 Mr. Craig Puma The Bank of Mexican Food 31415 Cabern Court Temecula, CA 92591 SUBJECT: Planning Application upgrade an existing authorizing the sale restaurant Dear Mr. Puma: No. PA07-0314, a Minor Conditional Use Permit to Type-41 ABC license to a Type-47 ABC license of beer, wine and distilled spirits at an existing On January 3, 2008 the City of Temecula Planning Director approved the above referenced project subject to the enclosed final Conditions of Approval. Please review and sign the enclosed Acceptance of Conditions of Approval document and return the document with an original signature to the Planning Department within 48 hours of receipt of this letter. Anyone dissatisfied with this decision or the Conditions of Approval may appeal it within fifteen calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed. This approval is effective until January 3, 2010 unless extended in accordance with the Development Code. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date. It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 694-6400 or by email at katie.lecomte(a-)cityoftemecula.org. Sincerely, Katie Le Comte Assistant Planner Enclosures: Stamped Plans Final Conditions of Approval Acceptance of Conditions of Approval cc: Diane Ball, Building and Safety (no plans) Elsa Wigle, Fire Prevention (stamped plans) Barbara Smith, Community Services (stamped plans) Lynn Fanene, Temecula Police Department (stamped plans) G:1P1anning\2007\PA07-0314 The Bank Upgrade to TypeO$7r3UPIPIanninglAPPROVAL LTR.doc D 15 EXHIBIT A Page13 0 0 D16 DH RESOLUTION NO. 08-001 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA. APPROVING PLANNING APPLICATION NO. PA07-0314, A MINOR CONDITIONAL USE PERMIT TO UPGRADE A TYPE-41 ABC LICENSE (ON -SALE BEER AND WINE -EATING PLACE), TO A TYPE-47 ABC LICENSE (ON -SALE GENERAL), WHICH WOULD AUTHORIZE THE SALE OF BEER, WINE AND DISTILLED SPIRITS AT THE BANK OF MEXICAN FOOD RESTAURANT, LOCATED AT 28645 OLD TOWN FRONT STREET (APN: 922-036-011) Section 1. Procedural Findings. The Planning Director of the City of Temecula does hereby find, determine and declare that: A. On November 7, 2007, Mr. Craig Puma, applicant and owner of The Bank of Mexican Food restaurant, filed Planning Application No. PA07-0314, a Minor Conditional Use Permit, in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Director, at a regular meeting, considered the Application and environmental review on January 3, 2008, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Director's Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA07-0314 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA07-0314 conformed to the City of Temecula's General Plan and Development Code and Old Town Specific Plan. Section 2. Further Findings. The Planning Director, in approving Planning Application No. PA07-0314 hereby makes the following findings as required by Section 17.040.010.E — (Conditional Use Permit) of the Temecula Municipal Code: Minor Conditional Use Permit — Development Code Section 17.040.010.E A. The proposed conditional use is consistent with the General Plan and the Development Code. The proposed use is consistent with the specific policies and goals outlined in the City's General Plan that are to be implemented within the Old Town area. The proposal to upgrade an alcohol license from a Type 41 license (on -sale beer and wine — eating place) to a Type 47 license (on -sale general — eating place) for an 0374 D 16 G:\Planning\2007\PA07-0314 The Bank Upgrade to Type 47 Minor CUP\Planning\DH RESOLUTION EXEMPT FROM CEQA.doc 1 EXHIBIT A Page14 • 0 D17 existing restaurant, The Bank of Mexican Food, located within Old Town's Tourist Retail Core zoning district is consistent with goals and polices reflected in the Old Town Specific Plan. The proposed use is also consistent with the goals and policies of the underlying General Plan Land Use Designation (Community Commercial), contained within the General Plan. The General Plan states that the Old Town area should be utilized to promote tourism and related activities within the City. The Old Town Specific Plan indicates that Old Town should be developed to provide local and tourist oriented retail services and promote existing development and uses that add to the "thematic" ambiance of the Old Town area. The proposed project is anticipated to enhance the vibrancy in the Old Town area. The project is consistent with the surrounding uses and meets all applicable Development Code requirements, including the 500' sensitive use separation requirement. The site has been properly planned and zoned and found to be physically suitable for the proposed use. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed conditional use is compatible with adjacent land uses as defined in the General Plan and Old Town Specific Plan. The proposed use has been analyzed and compared to the adjacent land uses and it has determined that the proposed use will be consistent with the surrounding uses. The area in which The Bank of Mexican Food Restaurant is located consists of a mixture of uses which includes retail and commercial, as well as other restaurant uses and wine tasting facilities. The restaurants in the immediate vicinity also serve alcoholic beverages without having an adverse effect on adjacent uses. It is anticipated that the proposed use will not adversely affect any of the surrounding properties because the use will occur within an existing building at an existing restaurant that currently holds a Type-41(on-sale beer and wine -eating place) license. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The Bank of Mexican Food currently exists on -site and when the property was developed it was determined that the site was adequate in size and shape to accommodate the building and all required development features. It has been determined that the project is consistent with the Development Code and Old Town Specific Plan requirements, as related to the requested ABC license upgrade. No exterior changes are being proposed as a part of this planning application. The only change being proposed is related to the use and authorization for this existing restaurant to serve beer and wine, along with distilled spirits. In addition, the City Police Department has reviewed the proposed project and has issued Conditions of Approval. 0375 D 17 G:\Planning\2007\PA07-0314 The Bank Upgrade to Type 47 Minor CUP\Planning\DH RESOLUTION EXEMPT FROM CEQA.doc 2 EXHIBIT A Page15 • 0 D18 D. The nature of the proposed minor conditional use is not detrimental to the health, safety and general welfare of the community. The nature of the proposed use is not detrimental to the health, safety and general welfare of the community. The restaurant currently holds an active Type- 4 1 license (on -sale beer and wine -eating place) which allows the establishment to serve beer and wine on the premises. The upgrade to a Type-47 license (on - sale general -eating place), which will authorize the establishment to serve beer, wine and distilled spirits, will provide an additional service and convenience to patrons within the community. The site is also consistent with the City's Development Code requirement regarding separation of sensitive uses. It has been determined through GIS data that the 500 foot sensitive use separation requirement has been met. Furthermore, the City of Temecula Police Department has provided conditions of approval for the project and concurs with the request for the license upgrade and sale of alcoholic products at the project site. Section 3. Environmental Findings. The Director of Planning hereby make the following environmental findings and determinations in connection with the approval of the Minor Conditional Use Permit application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (15301, Class 1, Existing Facilities); The key consideration for the existing facilities exemption is whether the project involves negligible or no expansion of an existing use. It has been determined that this project is categorically exempt according to CEQA Section 15301, Class 1 (Existing Facilities) because no expansion or construction is proposed as a part of this project. The restaurant currently exists on -site. The upgrade of an ABC license which authorizes this restaurant to serve not only beer and wine, but also distilled spirits, does not involve the physical expansion of the existing use or structure. The land use is not changing, the restaurant currently exists and will continue to exist. The only change is to the type of beverages that are authorized to be sold on the premises. Section 4. Conditions, That Planning Director of the City of Temecula hereby approves Planning Application No. PA07-0314, a Minor Conditional Use Permit to upgrade a Type-41 ABC license (on -sale beer and wine -eating place), to a Type-47 ABC license (on -sale general), which would authorize the sale of beer, wine and distilled spirits at The Bank of Mexican Food restaurant, located at 28645 Old Town Front Street subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. 0376 D 18 GAPlanning\2007\PA07-0314 The Dank Upgrade to Type 47 Minor CUP\Planning\DH RESOLUTION EXEMPT FROM CEQA.doc 3 EXHIBIT A Page16 • 0 D19 Section 5. PASSED, APPROVED AND ADOPTED by the Planning Director of the City of Temecula this 3rd day of January 2008. A,jW-ter u Xe-- Debbie Ubnoske, Director of Planning I, Kathy Simpkins, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 08-001 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 3rd day of January 2008. Kathy SimplTfis, Sectary" 0377 D 19 O:\Planning\2007\PA07-0314 The Bank Upgrade to Type 47 Minor CUP\Planning\DH RESOLUTION EXEMPT FROM CEQA.doc 4 EXHIBIT A Page17 0 D20 ACCEPTANCE OF CONDITIONS OF APPROVAL I, Craig Puma, understand that Planning Application No. PA07-0314 has been approved with Conditions of Approval which are set forth in Exhibit A. I have read the Conditions of Approval contained in DH Resolution No. 08-001, and understand them. Through signing this ACCEPTANCE OF CONDITIONS OF APPROVAL, I agree and commit to the City of Temecula that I will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions. o' S/GNAT E DATE 0378 D20 GAPlanning\2007\PA07-0314 The Bank Upgrade to Type 47 Minor CUP\Planning\FINAL COA-CUP.doc 2 EXHIBIT A Page18 01 D21 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA07.0314 Project Description: A Minor Conditional Use Permit to upgrade an existing Type-41 ABC license (on -sale beer and wine -eating place), to a Type-47 ABC license (on -sale general), which would authorize the sale of beer, wine and distilled spirits at an existing restaurant, The Bank of Mexican Food, located at 28645 Old Town Front Street Assessor's Parcel No. 922-036-011 MSHCP Category: NIA DIF Category: NIA TUMF Category: NIA Approval Date: January 3, 2008 Expiration Date: January 3, 2010 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty -Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicantideveloper has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). 2. The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department. 0379 GAP1ann1ng=07tPA07-0314 The Bank Upgrade to Type 47 Minor CUMPIanning\FINAL COA-CUP.doc 3 D21 EXHIBIT A Page19 • • D22 GENERAL REQUIREMENTS 0380 D22 GAPlanning1200nPA07-0314 The Bank Upgrade to Type 47 Minor CUNPlanningWINAL COA-CUP.doc 4 EXHIBIT A Page20 D23 Planning Department 3. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 4. The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval. 5. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 6. The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to the modification of the business, a change in scope, emphasis, size or nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is in addition to, and not in -lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review and revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. 7. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. 8. The permittee shall submit a minor modification application to be approved for any exterior changes made to the building, including any fencing or gates that may be constructed in the future. 9. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 10. If commencement of the use has not occurred within two years of approval of this permit, the permittee may file an application at lest thirty days prior to expiration of the Conditional Use Permit, apply for up to 3 one-year extensions of time. Each extension of time shall be granted in one-year increments only. 0381 D23 GAPIanning000NIA07-0314 The Bank Upgrade to Type 47 Minor CUPWIanninglFINAI COA-CUP.doc 5 EXHIBIT A Page21 • • D24 11. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.E.A.D.), or received training from any other program certified by the California Department of Alcoholic Beverage Control. (As amended at Director's Heering on 1/3/08). 12. An 8. " x 11" (or larger) sign listing local transportation service providers and corresponding teleph V numbers shall be posted at a conspicuous location within the building. Ini atl n to assist in the compilation of this sign may be obtained through the Temecula Valley Ch ber of Commerce (telephone number 951-676-5090). , 13. Re hour of operation shall be as follows: Mond rsday 11 a.m. to 10 p.m., Friday 11 a.m. to aturday 8 a.m. to 11 unday 8 a.m. to 10 p.m. On holidays 'Qa the facility sha close . ' e sale of alcoholic beverages shall cease at 10 �q, l p.m. Monday- ay and Sun he sale of alcohol shall cease at 11 p.m. on ��,ws�' Friday Satu days. (As amended at ring on 113/08). 14. A separate building rmit shall be obtained prior to the commencement of construction, tenant improvement other interior or exterior improvements requiring building permits. 15. All of the foregoing condifrpns shall be complied with prior to occupancy or any use allowed by this permit. Fire Prevention 16. Final fire and life safety condition will be addressed when building plans are reviewed by the Fire Prevention Bureau. The conditions will be based on occupancy, use, the California Building Code (CBC), Calif& {{e�ta Fire Code (CFC), and related codes which are in force at the time of building plan submitlgl. 17. During remodeling and/or addition constructkn ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up t. their original design and performance specifications (CFC art.87 et al). 18. The applicant shall comply with the requirement of the Fire Code permit process and update any changes in the items and quantities app ved as part of their Fire Code permit. These changes shall be submitted to the Fire Preven ' n Bureau for review and approval per the Fire Code and is subject to inspection (CFC 10 19. Prior to issuance of building permit, any changes affectin the fire sprinkler system shall require a permit for the fire sprinkler system. Plans sh II be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plan must be submitted by the installing contractor to the Fire Prevention Bureau. 20. Prior to issuance of building permit, any changes affecting the fie alarm system shall require a permit for the fire alarm system. Plans shall be submitted the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitt d by the installing contractor to the Fire Prevention Bureau. If any cooking appliances haV9 been added and the hood extinguishing system is not tied into the fire alarm system; it will a required to do so. 0382 D24 GAP1anningl2007%PA07-0314 The Bank Upgrade to Type 47 MInor CUMPIanninglFINAL COA-CUP.doc 6 EXHIBIT A Page22 L-1 0 D25 11. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.E.A.D.), or received training from any' other program certified by the California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 1/3/08). 12. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (telephone number 951-676-5090). 13. Regular hours of operation shall be as follows: Monday -Thursday 11 a.m. to 10 p.m., Friday 11 a.m. to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8 a.m. to 10 p.m. On holidays (including Cinco De Mayo) the facility shall be permitted to close at midnight. The sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday. The sale of alcohol shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. (As amended at Directors Hearing on 1/3108). 14. A separate building permit shall be obtained prior to the commencement of construction, tenant improvement or other interior or exterior improvements requiring building permits. 15. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Fire Prevention 16. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 17. During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up to their original design and performance specifications (CFC art.87 et al). 18. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection (CFC 105). 19. Prior to issuance of building permit, any changes affecting the fire sprinkler system shall require a permit for the fire sprinkler system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. 20. Prior to issuance of building permit, any changes affecting the fire alarm system shall require a permit for the fire alarm system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. If any cooking appliances have been added and 0383 D25 G:\Planning\2007\PA07-0314 The Bank Upgrade to Type 47 Minor CUP\Planning\FINAL COA-CUP.doc 6 EXHIBIT A Page23 11 0 D26 Community Services Department 21. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul construction debris. 22. The Applicant shall comply with the Public Art Ordinance. Details of the ordinance can be located on the City's website at www.cityoftemecula.org; under Chapter 5.08 of the Municipal Code. 23. Prior to issuance of building permits, the developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Police Department 24. Applicant has applied for a Type 47 (on -sale general — eating place) through the Riverside District Office of Alcoholic Beverage Control. Authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises. Authorizes the sale of beer and wine for consumption on the licensed premises. Must operate and maintain the licensed premises as a bona fide eating place. Must make actual and substantial sales of meals, during the normal meal hours that they are open, at least five days a week. Normal mealtimes are 6:00 a.m. — 9:00 a.m., 11:00 a.m. — 2:00 p.m., and 6:00 p.m. — 9:00 p.m, Premises that are not open five days a week must serve meals on the days they are open. Minors are allowed on the premises, The applicant currently has a Type 41 (on -sale beer and wine). 25. Applicant will also comply with City Ordinance 97-07, (9.14.010 Temecula Municipal Code series). 26. Identification will be verified utilizing one of the following: a. A valid California driver's license b. A valid California identification card C. A valid military identification card (active/reserve/retired/dependent) d. A valid driver's license from any of the fifty States or Territories of the United States e. A valid U.S. Passport A valid government issued identification card issued by a Federal, State, County or City agency 27. As noted above, only a valid government issued identification card issued by a Federal, State, County or City (municipal) agency is acceptable, providing it complies with the below requirements (25660 Business and Profession Code): a. Name of person b. Date of birth C. Physical description d. Photograph e. Currently valid (not expired) 0384 D26 GAPIann1ng120071PA07.0314 The Bank Upgrade to Type 47 Minor CURPIanning\FINAL COA-CUP,doc 7 EXHIBIT A Page24 28. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. For this reason, the Temecula Police Department has imposed a mandatory training for all employees involved in the service and sales of alcoholic beverages. Also, the Temecula Police Department conducts an Alcohol Review Board for all new businesses with a Type 47 license. Contact the Temecula Police Crime Prevention and Plans Officer at (951) 695-2773 to set up a training date. An Alcohol Review Board has been scheduled for Wednesday, December 12, 2007 at 10:00 a.m, at the Police Mall office. Training and review board must be completed prior to the usage of the Type 47 license. Applicant will ensure all new employees/management personnel are trained in the use and service of alcoholic beverages. All alcohol training is provided free of charge by the Temecula Police Department. 29. Miscellaneous: a. After Hours: Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B&P code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00am). (Section 25632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter than the law. Those licenses are marked "Conditional." (23805 B&P). b. Authority of Peace Officers/Refusing Inspection: Police officers, sheriff's deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer. (Sections 25616, 25753, and 25755 B&P; 148 and 241(b) PC). C. Disorderly House: Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc., and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises include the parking lot. (Section 25601 B&P; 316 PC). d. Entertainers and Conduct: On -sale licensees who offer entertainment must abide by the following rules: (1) No licensee shall permit any person to perform acts of or acts which simulate: (a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law. (b) The touching, caressing or fondling on the breast, buttocks, anus or genitals. (c) The displaying of the pubic hair, anus, vulva or genitals. (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus. (Rule 143.3 CCR. Also violates sections 311.E PC if conduct is "obsce0 e%, intercourse, sodomy, masturbation, etc.) GAPlanningk2007\PA07-0314 The Bank Upgrade to Type 47 Minor CUP1PlanningkFlNAL COA-CUP.doc D27 8 EXHIBIT A Page25 e. Alcohol Review Board: A review board will convene with the applicant on Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mall Storefront conference room. Final recommendations to ABC Riverside will be forwarded under separate cover. 0386 D28 GAPlanning120071PA07.0314 The Bank Upgrade to Type 47 Minor CUP1PIanning%FINAI COA-CUP.doc 9 EXHIBIT A Page26 0 D29 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA DIRECTOR'S HEARING JANUARY 3, 2008 A regular meeting of the City of Temecula Director's Hearing was called to order on Thursday, January 3, 2008 at 1:30 p.m. in the Main Conference Room, located at 43200 Business Park Drive, Temecula, California. Director of Planning Debbie Ubnoske presiding. Also present were Assistant Planner Katie Lecomte, Principal Planner Patrick Richardson and Minute Clerk Kathy Simpkins. Item No. 1: Planning Application No. PA07-0314 a Minor Conditional Use Permit to upgrade an existing Type-41 ABC license to a Type-47 ABC license which authorizes the sale of beer, wine and distilled spirits. Director of Planning convened the meeting and opened the public hearing at 1:30 p.m. Assistant Planner Katie Lecomte presented an overview of the project and staff recommendations. Applicant is requesting to upgrade Alcohol license from a Type 41 to Type 47 which would include the sale of distilled spirits. According to Supplemental Developmental Standards this project is not located within 500 feet of any religious institution, school or public park. Staff has consulted with Temecula Police Department and they have provided Conditions of Approval and on December 12, 2007 applicant met with Police Department Alcohol Review Board. Applicant is proposing to construct a bar, and the project has been conditioned to require a separate building permit prior to commencement of construction of the bar. Project has been deemed categorically exempt from further environmental review per CEQA section 15301 class 1. Staff is recommending approval of this project. Applicant Michael Brewer, 41743 Enterprise Circle N., Temecula, requested clarification on condition # 13 regarding hours of operation. Applicant would like to extend hours for special events and holidays. Condition # 13 was amended to read: "Regular hours of operation shall be as follows: Monday -Thursday 11a.m. to 10 p.m., Friday 11 a.m. to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8 a.m. to 10 p.m. On holidays the facility shall close at midnight. The sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday. The sale of alcohol shall cease at 11 p.m. on Fridays and Saturdays". Applicant also requested clarification on condition # 11 regarding the certification of employees. Condition # 11 was amended to read: "Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.E.A.D.), or received training from any other program certified by the California Department of Alcoholic Beverage Control. No other persons were in attendance to speak in opposition or support of the project. Planning Director Ubnoske closed the public hearing and approved Planning Application No. PA07-0314 subject to the Conditions of Approval. R:\Directors Hearing\MINUTES\2008\I-03-08 minutes.docl 0387 D29 EXHIBIT A Page27 w t D30 There being no further business, the hearing was adjourned at 1:40p.m. 71, e /--l-�d Z-e � Debbie Ubnoske RADirectors Hearing\MiNUTES\2008\1-03-08 minutes.doc2 0388 D30 . EXHIBIT A Page28 EXHIBIT B D31 EXHIBIT B Pagel 0 PROJECT CLASSIFICATION PA#_ , _ ^_ DEW PRJ# LDC# Project Title: I 0 C ity of Temecufiz 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 (951) 694-6400 FAX (951) 694-6477 MINOR MODIFICATION APPLICATION (Development Plans & Conditional Use Permits) PROJECT INFORMATION (INCOMPLETE APPLICATIONS CANNOT BE ACCEPTED) a Project Description/Use: `4-4--s —iA{.cPW-7 LAW, Assessor's Parcel No(s): Legal Description (Tract, lot no.): Street Address (es General Location: Total Building Square Footage: Zoning: Gross Acreage: Related Cases: Documentl ADDITIONAL PROJECT INFORMATION In OZ.6 7f WAIN General Plan: CC" Qmlrml � -� ry —T7,. . N1 h'e er1S-e, 2 0390 D32 EXHIBIT B Page2 0 0 D33 APPLICANT/REPRESENTATIVE/OWNER INFORMATION APPLICANT/REPRESENTATIVE CONTACT aoM'Ov p q LAST FIRST ' / MI. PHONE NO. Q 1s I - 5 0 4' `�y 4?4 FAX NO. L - ~ b�4 `L- ADDRESS a��o4S OLD —TWr� `--Te& c" a-590 STREET CITY STATE ZIP E-MAIL 4=Q.PU020, CO►n PROPERTY OWNER PHONE NO. o?n " 59 O - L415 STREET CITY E-MAIL WD(JI?yoceesS w'g,-� MI. FAX NO. aSa _. I certify that all filing requirements have been satisfied for my application. I further understand that an incomplete application cannot be accepted for_procesg g. Applicant's Signature Date: / 0 - el - 00 I certify under the penalty of the laws of the State of California that I am the property owner of the property that is the subject matter of this application and I am authorizing to and hereby do consent to the filing of this application and acknowledge that the final approval by the City of Temecula, if any, may result in restrictions, limitations and construction obligations being imposed on this real property. Owner/Authorized Agent Signature: �aal-�� o(i Date: jb • - �j—O� Print Name: t W ee- FA L c-47-A- Written authorization from the legal property owner is required. An authorized agent for the owner must attach a notarized letter of authorization from the legal property owner. Documentl 091 D33 EXHIBIT B Page3 IF 1 L.J 0 D34 MINOR MODIFICATION APPLICATION SUBMITTAL REQUIREMENTS . Submittal Requirements (Consult Planning Department for requirements for'your specific application) No. of copies Completed and Signed Development Application and Filing Fee 1 Site Plan (Described in Section A) 20 Floor Plan/Roof Plan (Described in Section B) 5 Proposed Building Elevations (Described in Section C1) 5 Conceptual Landscape Plan (Described in Section D) 5 Conceptual Grading Plan (Described in Section E) 5 Proposed Building Color Elevations (Described in Section C2) 1 Material Sample Board (Described in Section F) 1 8 1/2" X 11" Color Photos (Described in Section G) 1 Statement of Operations (Described in Section H) 1 Completed and signed WQMP Initial Checklist (Described in 2 Section 1) Project -Specific Water Quality Management Plan (Consult with 2 Public Works to determine if this item is required) Hazardous Waste Site Information Form 1 (Described in Section J) Preliminary Soils and Geotechnical Report (Consult with Public 2 Works to determine if this item is required) Chemical Classification / Quantification Packet (See Fire 1 Department for package) Preliminary title report with all referenced supporting documents 2 Traffic Study/Analysis (Consult with Public Works) 1 Drainage Study/Analysis (Consult with Public Works) 1 Document) 0:392 D34 EXHIBIT B Page4 D35 PLAN PREPARATION AND GUIDELINES All plans shall be drawn on uniform sheets no less than 24" X 36" (or as approved by the Community Development Department). Each complete set consisting of the site plan, floor planlroof plan, proposed structure elevations, conceptual landscape plan, photometric plan, and conceptual grading plan should be stapled together and folded into 1/8 sections with a folded size not to exceed 8 1/2" X.11". All plans shall be clear, legible and accurately scaled. The site' plan, landscape plan and grading plan should all be at the same scale and shall be consistent with each other. On large scale drawings, 1 "=20', or larger, it will generally be desirable to include the conceptual grading of the site on the site plan in lieu of a separate drawing (see Section B). For larger, more complicated sites drawn at a smaller scale (i.e., 1 "=40'), a separate conceptual grading plan should be submitted. SECTION A. SITE PLAN CONTENT Scale: Engineering scale not to exceed 1 "=40'. The following information shall be included on the plan: Name, address, and phone and fax number of applicant, owner, architect and/or engineer. Graphic scale (with bar scale) and north arrow Vicinity map Date Site Plan prepared LiaLa iauic 1111auGu m uie wnuwm uruci: o Assessors Parcel Number o Street Address (if available) o Legal description of the property. (i.e. o Zoning designation o General Plan designation o Existing land use/proposed land use o Total Gross Area: o Total Net Area: o Total Building Area: o Lot coverage: o Building area o Parking area Tract / Parcel Map and Lot(s)/parcel(s) acres acres FAR Percentage Spaces Provided spaces spaces spaces o Floor Area Ratio o Occupancy classification (per Uniform Building Code) o Type of construction (per Uniform Building Code) o Indicate if building has fire sprinklers and/or alarm o Number of stories o Height of building (as measured from the pre-existing grade, finished grade or floor protection elevation, which ever is lowest to highest point on roof) square feet square feet square feet Square Feet s.f. s.f. o Landscaping area S.T. o Parking: Spaces Required o Ratio/square foot of use(s) spaces o Number of disabled spaces spaces o Total Parking spaces ❑ Existing property lines in bold and label all dimensions (metes and bounds) ❑ Location and dimensions of all existing and proposed easements (with record reference) o Proposed lot lines and dimensions, if applicable ❑ Delineate and label the minimum setbacks from all property lines ❑ Location and dimension of all existing and proposed structures, including building setbacks o Location and dimension of all landscaping and pedestrian walkways (shaded) ❑ Location and typical dimension of drive aisles, loading zones and parking stalls ❑ Location of existing and proposed onsite fuel tanks ❑ Location and dimension of all trash enclosure(s) Document I 0393 D35 EXHIBIT B Page5 Aah D36 ❑ Location of monument sign(s) (existing and proposed) Ll All proposed public improvements, including cross sections ❑ Location of existing or proposed fire hydrants within 500 feet of project site ❑ Location of existing or proposed Fire Department connections (within 50 feet of a public hydrant and 40 feet away from the building • Location of existing or proposed Post Indicator Valve ❑ Label interior and exterior turning radius dimensions at entries and drive aisles for emergency vehicle access (minimum interior — 37 feet; exterior — 56 feet; wheel cuts — 50 feet) ❑ Location and dimension of all walls and fences ❑ Location of all structures, driveways, parking areas, trees and adjoining property lines within 50 feet of the perimeter of the subject property ❑ Zoning and existing land use of adjacent parcels ❑ Phasing of the project (if proposed) ❑ Americans with Disabilities Act (ADA) path of travel (horizontal path of travel only) ❑ Location, type and height of all existing and proposed street, parking and pedestrian lights (Indicate any to be relocated) SECTION.B.' FLOOR PLAN/ROOF PLAN CONTENTS Scale: The scale used on the floor and roof plans shall be no less than 114" per foot. Large projects shall be no less than 118" per foot with 114" per foot details). The floor and roof plans shall illustrate all proposed (and existing, if applicable) buildings and structures. The following information shall be included on the floor plans: ❑ Proposed use for each room (if available) ❑ Proposed square footage for each room ❑ Restrooms ❑ Exits ❑ Doors ❑ Hallways ❑ Corridors ❑ Elevators ❑ Patio ❑ Fire sprinkler riser room (with direct exterior access) ❑ Fire alarm control panel ❑ Location of Knox Box ❑ Location of Fire Department connection (if wall mounted) The following information shall be included on the roof plan: o All roof pitches and direction of fall ❑ Location and detail of all mechanical equipment ❑ Spot elevations or other cross -sections necessary to verify that all mechanical equipment is fully screened SECTION C1. BUILDING ELEVATION(S) CONTENT Scale: No less than 1/4" (large projects no less than 1/8" with 1/4" details). Illustrative building elevations showing all sides of proposed (and existing, if applicable) buildings and accessory structures, (trash enclosures, walls, carports, etc.). Include cross -sections) of building(s) with proposed grades. The following information shall be included on the elevation plans: ❑ Name, address and phone number, of the applicant, architect and/or engineer ❑ Location of building address and wall mounted signs for all sides of the building(s) ❑ Shading, as applicable, to give the elevations some graphic dimension ❑ Location of walls and fences ❑ Roof top mechanical equipment screens o A schedule for colors and materials (which corresponds to the color and material board) and specific location of their use ❑ Height of buildings with dimensions Documentl 6 0394 D36 EXHIBIT B Page6 i 0 D37 SECTION C2. BUILDING COLOR ELEVATION(S) CONTENT Scale: No less than 1/4" (large projects no less than 1/8" with 1/4" details). Illustrative building elevations showing all sides of proposed (and existing, if applicable) buildings and accessory structures (trash enclosures, walls, carports, etc.). Include cross -sections) of building(s) with proposed grades. Colors used on the color elevations shall match those used on the material sample board (See Section F) to the greatest extent possible in order to give the most accurate representation. Colored elevations are to be void of landscaping to clearly demonstrate the aesthetic impact the building(s) will create. In addition to colored elevations, colored renderings may be submitted with landscaping, however, the landscaping must conform with the planting materials indicated on the landscape plan. SECTION D. LANDSCAPE PLAN CONTENT Scale: Engineering scale not to exceed 1 "=40'. The following information shall be included on the plan: ❑ Name, address, and phone number of applicant, architect, engineer and/or landscape architect o Scale and north arrow. ❑ Location of all proposed buildings, paved surfaces, walls/fences and sidewalks. o Roof outlines including eave overhang ❑ Location, size and identification of all existing and proposed plant material, trees, shrubs and groundcover. Note on plans whether existing landscape is to be removed. ❑ A planting legend that identifies plant varieties (botanical and common names), sizes, quantities, and spacing ❑ Location and elevation of mounding, if proposed ❑ Graphically indicate all slopes, which equal or exceed 3:1 ❑ Graphically indicate all vehicle sight lines ❑ Generally describe type of irrigation system to be implemented SECTION E. CONCEPTUAL GRADING PLAN CONTENT Scale: Engineering scale not to exceed 1 "=40'. On large scale drawings, 1"=20% or larger it will generally be desirable to include the conceptual grading of the site on the site plan in lieu of a separate drawing. For larger, more complicated sites drawn at a smaller scale (i.e., 1"=40'), a separate conceptual grading plan should be submitted. A Registered Civil Engineer shall prepare grading plans The following information shall be included on the plan: ❑ Title Block o Name, address, and phone and fax number, of applicant, owner and engineer ❑ Legend, north arrow, bar and graphic scale, vicinity map ❑ Data Table o Assessor's Parcel Number(s) o Project Name o Legal description (i.e. Tract/Parcel Map and lot(s)/parcel (s)) o Approximate earthwork quantities (CY) o Date and Source of Topography (should be current) ❑ Metes and bounds (i.e. bearing and distance) ❑ Location and dimensions of all existing and proposed easements ❑ Existing topography, proposed grades, and natural features to 50 feet from the perimeter of the subject property at minimum 2-foot contour intervals ❑ All slopes greater than 2:1 must be clearly labeled ❑ Limits of FEMA floodplains and floodways (if applicable) Documentl 7 0395 D37 EXHIBIT B Page7 0 0 i ❑ Delineation of special hazard zones (i.e., earthquake faults and liquefaction zones) ❑ Proposed grading; structures, curbs, retaining and /or sound walls (top and footing elevations), gutters, pavement, walks, swales, mounding, slopes, open space, trails, etc.) per the appropriate City standard ❑ Pad and finished floor elevations ❑ Location and dimension of all proposed public improvements, including cross sections ❑ Locations of existing public and proposed utilities (including sewer and water) ❑ Cross -sections at all property lines ❑ Driveway, street slopes and surfaces in plan view and cross section ❑ Drainage and flood control facilities; size and type o Americans with Disabilities Act (ADA) path of travel SECTION F. MATERIAL SAMPLE BOARD Size: No less than 24"x36". An 8'/i'x11" photo shall be provided for the file. The material sample board is intended to provide a fair representation of the major exterior materials to be used on the project together with colors and stains. Therefore, no photographs of the materials will be accepted on the material sample boards. The color and material board shall be used in conjunction with the schedule on the elevations in order to determine the specific location and use of colors and materials. The board should be of rigid material (cardboard or foam board, not wood) and shall show the following: ❑ Sample of all roofing materials ❑ Sample of all siding materials ❑ Sample of window glazing materials ❑ Sample of all window frames ❑ Sample of all canvas awning materials ❑ Samples of all paint colors to be used on the buildings applied to the surface of actual exterior building material samples ❑ Manufacturers name and identification numbers of paint colors that correspond to the proposed materials ❑ Exterior light fixture details ❑ Sample of decorative paving treatments — color, finish, pattern SECTION G. 8 1/2" X 11" COLOR PHOTOS 8 1/2" X 11" color photos from interior of site looking north, south, east, and west with direction attached to each photo. SECTION H. STATEMENT OF OPERATIONS Provide a written statement outlining your request for a Development Plan. Your response must give a detailed description of the proposed use and shall include, but is not be limited to: ❑ Hours and days of operation ❑ Number of employees ❑ Number of required parking ❑ Average daily peak trips generated ❑ Type of equipment or processes used ❑ Description of hazardous materials (existing and new) ❑ Other descriptions that effectively describe the proposed use SECTION I. WQMP INITIAL CHECKLIST Documend S 0396 EXHIBIT B Page8 0 D39 A signed Water Quality Management Plan Initial Checklist must be completed and submitted with the application materials. The WQMP Initial Checklist has been provided and is available online at www.cityoftemecula.org. If "yes" can be answered to any of the criteria outlined in the checklist, a WQMP is required for the project. If a WQMP is required, it will have to be submitted with the application materials at the time of submittal. A sample WQMP is available online at www.citvoftemecula.org. ❑ WQMP Initial Checklist ❑ WQMP (if required) SECTION J. HAZARDOUS WASTE SITE INFORMATION FORM Government Code Section 65962.5, which became effective July 1, 1987, requires the applicant for Documend 9 0397 D39 EXHIBIT B Page9 0 0 D40 any development project to consult specified state -prepared lists of hazardous waste sites and submit a signed statement to the local agency indicating whether the project is located on or near an identified site. Under the statute, no application shall be accepted without this signed statement. PART A TO DETERMINE IF YOUR PROJECT IS WITHIN THE ONE -MILE RADIUS OF A HAZARDOUS WASTE SITE refer to the following list of State identified Hazardous Waste Sites. Identify the listed site by placing a check in the box provided and sign and date this form. Is the project within a one -mile radius of an identified hazardous waste site? Yes No REGIONAL WATER QUALITY CONTROL BOARD HAZARDOUS WASTE SITES ❑ Rancho Calif. Water District, 28061 Diaz Road, Temecula, CA 92590 ❑ Borg Warner Mechanical Seal, 27941 Front Street, Temecula, CA 92590 ❑ Chevron Service Station, 28900 Rancho California Road, Temecula, CA 92590 ❑ Plant Equipment, Inc., 28075 Diaz Road, Temecula, CA 92590 ❑ Mobil, 28111 Front Street, Temecula, CA 92590 ❑ Penfold Properties, 28545 Front Street, Temecula,, CA 92590 ❑ C.L. Pharris Ready Mix Plant, 29065 Front Street, Temecula, CA 92590 ❑ Temecula Fuel Center, 44987 Front Street, Temecula CA 92590 ❑ Arco, 27641 Ynez Road, Temecula, CA 92590 PART B TO DETERMINE IF YOUR PROJECT IS WITHIN A ONE -MILE RADIUS OF A PUBLIC WELL SITE, which could potentially be affected by a hazardous waste generator, refer to the following list of State identified Public Well Sites. Identify the listed site by placing a check in the box provided and sign and date this form on the last page. Is the project within a one -mile radius of an identified public well? Yes No DHS3 PUBLIC WELL SITES SERVING MORE THAN 200 CONNECTIONS o Rancho Cal WD (#102), SW 1/4, SE 1/4, Sec. 2, T8S, R3W ❑ Rancho Cal WD (#114, 113), SE 1/4, NE 1/4, Sec. 25, T7S, R2W I (we) certify that I (we) have investigated and completed this hazardous waste site form, and that my (our) answers are true and correct to the best of my (our) knowledge. Owner/Representative Date Document] 10 0398 D40 EXHIBIT B Page10 1 IL -A a 1989 WATER QUALITY MANAGEMENT PLAN (WQMP) INITIAL�CI ECKLIST77 Applicant Name: t .1 ' 1� Planning Applica Project Name:_ um Does the proposed project incorporate any of the following categories? Yes No (All questions must be answered) Modifications to Existing Developments —This category includes projects that create, add, or replace 5,000 sq. ft. or more of impervious surface on an already developed site. This category includes: (a) Expansion of a building footprint, or addition or replacement of a structure; (b) Increase in the gross floor area, or major exterior construction or remodeling; 1 (c) Replacement of impervious surfaces that are not part of routine maintenance activities; (d) Land disturbing activities related to a structure or impervious surface. Note: If modifications create less than 50%of the impervious surface of previously existing development, and the existing development was not originally subject to WQMP requirements, a WQMP shall be required only to the addition and not to the entire development. 2 Residential Development - This category includes subdivisions of single-family homes, multi -family homes, condominiums, and apartments consisting of 10 or more dwelling units. 3 Non -Residential Development - This category includes projects that create more than 100,000 sq. ft. of impervious surface. 4 Automotive Maintenance and Repair Shops -This category includes facilities engaged in general maintenance and mechanical repairs; body and upholstery repair; painting; transmission and exhaust repair; tire servicing; glass repair. Restaurants - This category includes all eating and drinking establishments that create more than 5,000 sq. ft. of 5a impervious surface. Restaurants creating less than 5,000 sq. ft. of impervious surface are only required to follow the site design and 5b source control requirements of the WQMP. Hills