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HomeMy WebLinkAbout03 CUP 98-029 RevocationReport to the Planning Commission DATE: SUBJECT: CURRENT LISTED PROPERTY OWNER: ORIGINAL PROPERTY OWNER: LOCATION: ZONING: GENERALPLAN ENVIRONMENTAL STATUS: REQUEST: OCTOBER 28, 2008 IiiNIllF.19i TUSTIN REVOCATION OF CUP 98-029 AND LIVE ENTERTAINMENT PERMIT HUBER G. WILSON C/O OLD TOWN, INC. 3185 MORITZ DRIVE HUNTINGTON BEACH, CA 92649-1877 LARRY SMITH RED HILL RESTAURANT, INC. 3185 MORITZ DRIVE HUNTINGTON BEACH, CA 92649-1877 14131 REDHILL AVENUE (APN 432-041-17) RETAIL" COMMERCIAL DISTRICT (C-1) COMMUNITY COMMERCIAL STATUTORY EXEMPTION PURSUANT TO SECTION 15270(B) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) REVOCATION OF CUP 98-029 AND LIVE ENTERTAINMENT PERMIT AT 14131 REDHILL AVENUE Planning Commission Report CUP 98-029 (REVOCATION) October 28, 2008 Page 2 RECOMMENDATION That the Planning Commission adopt Resolution No. 4103 recommending that the City Council revoke Conditional Use Permit 98-029 for on-site sale and consumption of beer, wine, and distilled spirits (ABC License Type 47) and the Live Entertainment Permit in conjunction with a restaurant located at 14131 Red Hill Avenue. BACKGROUND Site History • 1970 - The building located at 14131 Red Hill Avenue was originally built in 1970. It housed restaurants including a Chuck's Steak House until 1998. April of 1999 - Mr. Larry Smith of Red Hill Restaurant, Inc. doing business as Bourbon Street obtained a Conditional Use Permit for the restaurant as well as a Type 47 On -Sale General Eating Place license issued by the Alcoholic Beverage Control (ABC). June of 2003 -Bourbon Street was taken over by Gregory Mark Fitzgerald. • June of 2004 - Mr. Fitzgerald Incorporated as Fitz's Pub and Lounge and renamed the business Fitz's Pub and Lounge. • July of 2006 - Mr. Fitzgerald transferred the ABC license and CUP 98-029 to Matthew Roderick Huston for Roderick's. Public Hearings An application for Conditional Use Permit 98-029 (CUP 98-029) was filed by Larry Smith, of Red Hill Restaurant, Inc., in 1998 to allow on-site sale and consumption of beer, wine, and distilled spirits (ABC License Type 47) and live entertainment in conjunction with a restaurant called Bourbon Street to be located at 14131 Red Hill Avenue. The application was heard by the Planning Commission during multiple public hearings on February 8, February 22, and March 8, 1999, at which time the Planning Commission approved Resolution No. 3655 for CUP 98-029. On March 15, 1999, the City Council appealed the Planning Commission's decision based on public complaints and concerns about the use at that location. Two additional public hearings were subsequently held on April 5, and April 19, 1999, at which time the City Council upheld the Planning Commission's decision and approved Resolution 99-29 for CUP 98-029 (Reference Attachment B - Minutes for Planning Commission and City Council hearings). Due to the extensive concerns regarding the potential for the restaurant use to become a bar and nightclub, which would not be compatible with the surrounding area, the public hearings for both the Planning Commission and the City Council included extensive discussion about the operating practices. The issues of concern regarding the proposed use included: compatibility with the surrounding uses, hours of operation, food sales, alcoholic beverage sales, parking, video games and pool tables, bar seating, and law enforcement issues. During the hearings, a number of revisions were made to the conditions of approval for the proposed use, based on input from the applicant and his attorney, City staff, the Planning Commission, and the City Council. Planning Commission Report CUP 98-029 (REVOCATION) October 28, 2008 Page 3 Restaurant Use at 14131 Red Hill Avenue In 2005, the number of complaints and calls for service from the Tustin Police Department increased in conjunction with the restaurant use at 14131 Red Hill Avenue for Fitz's Pub and Lounge (Fitz's) owned by Gregory Fitzgerald. Based on these complaints, the Tustin Police Department sent the Special Investigations team of undercover officers to investigate the business practices at Fitz's. Multiple violations, including evidence of the operation of an till- ages night club, were observed by undercover officers and code enforcement officers on several different occasions. As evidenced in Exhibit A of Resolution 4103, Exhibit 4 of the Investigative Report, special investigations officers noted several violations. Some of the violations and calls for service at Fitz's were reported as follows: • A "rowdy, gangster type" crowd congregating "invited by a promoter." Police were called to deter a fight from happening that evening • Approximately two drunk driving arrests • A request for the back door to be closed due to loud music • A subject arrested who was trying to fight • A subject arrested on a warrant • Drinking in the parking lot • A subject arrested who was challenging other patrons to fight • Vehicles screeching their tires and racing around the parking lot • A hit-and-run • Loitering in the parking lot On February 17, 2006, Mr. Fitzgerald was notified in writing of several conditional use permit violations. Over a seven month period, multiple correspondences were exchanged between Mr. Fitzgerald and the City and multiple meetings were held to attempt to resolve Fitz's CUP violations. However, the owner was unwilling to comply with the approved conditions of the CUP and in November 2006, revocation proceedings were initiated to revoke Conditional Use Permit 98-029 (Reference Exhibit A of Resolution 4103, Exhibit 5). In December, 2006, a new business owner, Matthew Huston, purchased the business. Several meetings were held which included City staff, the Community Development Director, the Tustin Police Department, Mr. Huston, the owner, Larry Smith, and the owner's attorney, Floyd Farano. At these meetings Mr. Huston assured staff that the new business, Roderick's, would comply with conditions of approval established by CUP 98-029. Mr. Huston was allowed to take over the business and obtained a new live entertainment permit for Roderick's. A settlement agreement was subsequently made between Mr. Smith and the City for reimbursement of costs associated with the code enforcement case regarding CUP violations at Fitz's Pub and Lounge. Shortly after Roderick's began operating, police officers and special investigations officers responded to complaints of public disturbances in the parking lot at Roderick's. Further investigations showed that advertisements promoting a night club with operating hours of 9:00 p.m. to 2:00 a.m. were in violation of the conditions of approval. Additional undercover and code Planning Commission Report CUP 98-029 (REVOCATION) October 28, 2008 Page 4 enforcement investigations were conducted over the next two years. These investigations evidenced a copious number of conditional use violations and violations of the California State Penal Code at the site including some of the following violations (A detailed report is provided in Exhibit A of Resolution 4103): • Marijuana use • Drunk Driving • The "restaurant" was not serving food, only alcohol (violation of Condition 2.3, 2.5, 2.14) • Closing time exceeded allowable hours of operation and patrons were continually served alcohol after hours (violation of Condition 2.4) • Off-site consumption of alcohol (violation of Condition 2.1) • Police calls for service significantly exceeded those in other areas On October 6, 2008, the business owner, Mr. Huston, and the listed property owner, Mr. Huber G. Wilson, were notified of the City's intent to initiate revocation hearings for CUP 98-029. Upon recent inspection by special investigations and code enforcement officers, the business appears to be closed and may be in escrow with a potential new owner. According to investigators with the California Department of Alcoholic Beverage Control (ABC), the transfer of the ABC license from Mr. Huston to the potential new owner has been put on hold by the State Board of Equalization. The ABC license was also recently required to pay a maximum settlement of $3,000 in lieu of a suspension on their Type 47 license. This was based on violations at Roderick's reported by ABC Southern Division (Reference Attachment E). Location The subject property is located on Red Hill Avenue just south of the 1-5 Freeway. The tri -level building is approximately 5,000 square feet and is located within the commercial center on the southwest corner of Red Hill Avenue and Nisson Road. The subject site is zoned C-1 Retail Commercial District and the General Plan Land Use Designation is Community Commercial. (Reference Location Map below and in Attachment A) Planning Commission Report CUP 98-029 (REVOCATION) October 28, 2008 Page 5 Location Map Surrounding Properties The building is a free-standing `pad located within the Stater Bros. shopping center. Parking is shared in common with other patrons of the center. Surrounding uses include a Stater Bros. grocery store surrounded by a variety of service and retail uses and restaurants. The surrounding neighborhood includes two apartment complexes directly northwest of the commercial center and one directly southeast of the commercial center, across Red Hill Avenue. Public Noticing On October 16, 2008, a notice of the public hearing was published in a newspaper of general circulation and a notice posted at City Hall. Ten days prior to the hearing, notices were also mailed to the last known operator and all property owners within three hundred (300) feet of the site (Reference Radius Map 1 below). Planning Commission Report CUP 98-029 (REVOCATION) October 28, 2008 Page 6 w s �,n�F�'' �'� rem � ,�'%�' 4 / •k,4b ,�u `\� �r /�l .t4 41 14, to to to SEM 4 F f.� vr,Yi.s"m �� is ru+wml w. � v:Mx tenswX u � u1u y .Iia gMna....wr�..rn DISCUSSION 4G 1ylr � �Yr SYb P MM +h Y, * asM nem n XiCN 1 SSI UM^J r> � 'A NIbM Nus // A•L� ` urc til �m Offi �\ /• (tV^G'er ,'e r Radius Map 1 The City Council and Planning Commission have adopted Alcoholic Beverages Sales Establishment Guidelines (see Attachment D) which provide specific findings for any alcoholic beverage sales establishments to ensure compatibility with surrounding uses; provide definitions of the minimum operational standards for alcoholic sales (i.e., percentages of seating designed and used for meals, minimum gross receipts for food sales, etc.); and reiterate the Zoning Code's distancing requirements, although, minimum distancing requirements do not apply to restaurant establishments. Neither the Tustin City Code nor the Alcoholic Beverages Guidelines provide specific guidance or limitations on the hours of operation for an alcoholic beverage sales establishment. Consequently, alcoholic beverage sales establishment hours of operation have been set on a case-by-case basis through the conditional use permit process depending upon a variety of considerations (i.e. the owner/operator's requests, site and surrounding land uses, land use compatibility, etc.). The City of Tustin regulates most on- and off-site alcoholic beverage sales establishments (restaurants, bars, liquor stores, etc.) by requiring that new businesses obtain a conditional use permit (CUP). Typically the use is one that, because of special requirements or characteristics, may be allowed in a particular zoning district only after review by the Commission and granting of a conditional use permit which imposes such conditions as necessary to make the use compatible with other uses permitted in the same zone or vicinity. The Planning Commission and the City Council had included multiple conditions of approval as part of the approval of CUP 98-029 that were required to ensure compatibility with the surrounding residential and retail Planning Commission Report CUP 98-029 (REVOCATION) October 28, 2008 Page 7 uses. For example, conditions for CUP 98-029 limited hours of operation for the restaurant use at 14131 Red Hill Avenue until 11:00 p.m. Sunday through Thursday and 12:00 a.m. Friday and Saturday which is typical to the hours of operation for most bona fide eating establishments. (Reference Attachment C — Resolution 99-29) Conditional use permits are issued for uses of land and may be transferable from one owner of land to another as long as the business meets the conditions of the CUP (including any limitations on the hours of business operation). This allowed CUP 98-029 to be transferred from the original business owner, Mr. Smith of Bourbon Street, to Mr. Fitzgerald of Bourbon Street and Fitz's Pub and Lounge and then to the most recent business owner, Mr. Huston of Roderick's. However, entertainment permits are non-transferrable per the Tustin City Code. Therefore, a new entertainment permit was required for each new owner and a separate application was required with ABC to allow transfer of the on-site sale of alcohol (ABC License Type 47) license. (Reference Exhibit A of Resolution 4103, Exhibit 35 for Entertainment Permits and Attachment E for ABC licensing) Conditional Use Permit 98-029 CUP 98-029 was issued for the sale and consumption of beer, wine, and distilled spirits and live entertainment in conjunction with a restaurant located at 14131 Red Hill Avenue. Resolution No. 99-29, which implemented conditions of approval for the restaurant use at this location, included specific conditions to ensure that the use applied for would not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of the proposed use. As indicated in the conditions of approval (Condition 1.7 of Resolution No. 99-29), the Community Development Director "shall review the use to ascertain compliance with the conditions of approval." In response to concerns and complaints, investigations were initiated in 2005 (as indicated in the Background Section of this report). Consistent with this requirement, an Investigative Report was prepared by Code Enforcement staff to determine whether the restaurant use was in compliance with the required conditions of approval for CUP 98-029. The Investigative Report record of action went back to May 31, 2005, and was based on a compilation of visual observations, correspondence, complaints, and undercover police investigations at Roderick's and at the previous business (Fitz's Pub and Lounge). The full Investigative Report is available for reference attached hereto in Exhibit A of Resolution 4103. As shown in the Investigative Report, the facility's operators have consistently violated the terms of CUP 98=029. Staff has prepared a summary table of the violations. The information in Table 1 is based on the evidence provided in the Investigative Report and exhibits thereto. Planning Commission Report CUP 98-029 (REVOCATION) October 28, 2008 Page 8 Table 1 Condition�. ConditionDescription Violations No.violation 1.8 Audited financial statements and 9/18/06 Multiple letters were sent from City staff to the schedules separately identifying 3/1/06 owners Larry Smith and Gregory Fitzgerald gross sales of food and gross 11/1/06 regarding the requirement of Condition 1.8 for an sales of alcohol must be 2/17/06 audited financial statement and schedule prepared submitted to the Community by a certified public accountant. The owners Development Department for repeatedly ignored the requirement and were annual review. The gross unwilling to comply with conditions of approval. Staff receipts of food sales must subsequently initiated revocation proceedings until exceed the gross receipts of the new owner took over. alcohol sales. If gross receipts of alcohol exceed food sales, the Community Development Director shall initiate proceedings to revoke the Conditional Use Permit. 2.1 No off-site sale or consumption 10/14/05 Numerous violations were noted by Special of alcohol is authorized, except 4/11/08 Investigations Unit violating the requirement that no partially consumed bottles of 8/8/08 alcohol was to be consumed off-site. Specifically, wine as authorized in Business undercover officers walked outside the front door and Professions Code Section holding beer bottles and spoke with the bouncer. The 23396.5. bouncer never asked them to step inside. An ABC undercover officer also consumed alcohol outside on the patio in front of the bouncer and only after approximately two minutes was asked to bring the drink inside. Undercover officers also observed what appeared to be alcohol being consumed outside, near the front door and in the parking lot on several separate instances. 2.3 Hours of sales of alcoholic 9/27/05 On numerous occasions, violations were noted by beverages shall be limited to the 10/14/05 Special Investigations undercover officers. hours when food is available. 4/11/08 Specifically, 80 percent of the premises were not set Service of food menu items shall 4/25/08 up for serving meals to the public. On multiple be during all business hours. 8/8/08 occasions, undercover officers were told that the kitchen was closed. Furthermore, no utensils or condiments were provided on the tables during several sting operations. 2.4 Operating hours shall be 9/27/05 In a number of separate instances, Code consistent with other businesses 9/28/05 Enforcement officers inspected the site and noted a within the commercial center. 9/29/05 poster and online advertisements indicating that the The closing hours shall be 11:00 10/14/05 facility was open "Friday 9pm - 2am." Furthermore, p.m. Sunday through Thursday 4/11/08 when officer's phoned on several separate occasions and 12:00 a.m. Friday and 4/25/08 and asked what time they close on Friday's, they Saturday. No new patrons shall 8/8/08 received a response of "2:00 a.m." be admitted after the closing 8/27108 hours and patrons shall vacate the premises within thirty (30) minutes after closing time. Planning Commission Report CUP 98-029 (REVOCATION) October 28, 2008 Page 9 Condition ConditionViolations Da . No. violation 2.5 The menu of the restaurant shall 9/27/05 During several separate investigations, undercover consist of foods that are 10/14/05 officers were told that the kitchen was closed and no prepared on the premises. 4/11/08 food was being prepared on the premises. 4/25/08 8/8/08 2.9 Authorization for the on-site 5/31/05 City staff provided written correspondence on sales of beer, wine, and distilled 6/9/05 multiple occasions to the owner informing him that spirits (ABC license Type 47) is 10/14/05 operation of an all age dance club is not authorized contingent upon the use of the 8/8/08 by Conditional Use Permit 98-029 or the subject premises remaining a Entertainment permit. Multiple violations of ABC restaurant. Should this use license were also observed by undercover officers change or be discontinued, and the business was fined in -lieu of suspension authorization for this use permit after ABC investigators discovered violations of the is null and void. license. During several separate investigations, the restaurant did not offer food service nor did they provide eating utensils for food consumption. 2.10 [in part] Shall not exceed 12 10/14/05 During several separate undercover investigations, it "bar seats" within the lounge 4/25/08 was noted that the facility supplied in excess of 12 area and four "bar seats' within bar seats in the lounge and in excess of four bar the main level dining room. seats at the main level. 2.11 The applicant shall obtain a *The entertainment permit conditioned that the Public Dancing Permit and an 4/11/08 permit was subject to the conditions of approval in Entertainment Permit from the Resolution No. 99-29 approving CUP 98-029. Community Development Therefore, every time there was a violation of Director prior to offering public conditions for CUP 98-029 it was a violation of the dancing and live entertainment entertainment permit. Additional violations were on the premises. observed by officers that included entertainment being provided that was not consistent with the approved entertainment permit. 2.12 Any bar located within the facility 4/25/08 Undercover officers were told on several separate shall function as a 8/8/08 occasions that the kitchen was closed and food was food/beverage service bar. not available. 2.14 The entire facility, which 9/27/05 During several separate investigations; undercover includes all three (3) levels, shall 10/14/05 officers were told that the kitchen was closed. operate exclusively as a 4/11/08 Furthermore, during separate instances minimal or restaurant. During business 4/25/08 no place settings and utensils were observed. Tables hours, at least 80 percent of the 8/8/08 and chairs were also observed being removed to premises shall be designed and make room for dancing. used for and must possess the necessary utensils, table service, and condiment dispensers with which to serve meals to the public. 2.15 "No Loitering" signs shall be 10/14/05 During multiple inspections, both code enforcement posted at the entrance of the 12/5/06 and undercover officers noted that no such signs business. 1/8/07 could be observed. Planning Commission Report CUP 98-029 (REVOCATION) October 28, 2008 Page 10 the exterior area around the premises including adjacent public sidewalk areas and parking area no less frequently than once each day that the business is open. On several separate occasions, Special Investigations officers observed trash strewn around the parking lot. Violation of Conditions The Investigative Report (Exhibit A of Resolution 4103) provides an extensive history of use violations at this location. The business was approved for a restaurant use with live entertainment. However, as indicated in the report, and the summary in Table 1, the business and property owners have continually violated their conditions of approval. On several separate instances the businesses operating at this location have had multiple calls for police response. In addition to the violations of the conditions of approval for CUP 98-029, complaints have been filed with the City about possible prostitution, gang activity, urinating in public; and alcohol consumption in the parking lot. Multiple violations of the State Penal code have also been observed by undercover officers, including investigative officers from the Department of Alcoholic Beverage Control. For example, patrons were not consistently required to show appropriate identification which is a violation of state law. Specific conditions were placed on the project to protect the safety and welfare of the patrons, employees, surrounding businesses and residents located within the vicinity. Furthermore, the business has been in violation of their ABC license. In fact, the Tustin Police Chief received a letter dated October 6, 2008, from the Department of Alcoholic Beverage Control (ABC) regarding Mr. Matthew Huston and Roderick's at 14131 Red Hill Avenue. The letter indicated that, on two separate dates, ABC investigators noted violations of the conditions imposed on their ABC license. The ABC report included the following violations of the ABC Conditional License: • Serving alcohol after allowable hours of operation • Alcohol consumption on patio The letter also noted that the licensee, Mr. Huston, was fined in the amount of $3,000 in lieu of a ten-day suspension of his license. (Reference Attachment E) Burden on City Resources This use has required a substantially larger commitment of City resources from City personnel, code enforcement, and police than any other similar use within the City of Tustin. These calls include patrol checks, suspicious vehicles, loud party music, petty theft, rowdy "gangster type" crowds, and other disturbances of the peace. In fact, when the calls for service for police response were compared with the average calls of similar stand-alone restaurant uses, Roderick's exceeded the level of calls by almost 40 percent. Planning Commission Report CUP 98-029 (REVOCATION) October 28, 2008 Page 11 A records search was prepared by the Tustin Police Department to compare similar restaurant uses located within a stand-alone building that serve alcohol as part of their restaurant use. The "calls for service' which are the records of calls the police received and responded to were compiled for these businesses and include: Zito's located at 17320 17th Street (previously — Fire Dance); EI Torito located at 17420 17th Street (business open since 1978 at the same location); and Oggi's located at 13612 Newport Avenue (Previously - Tony's Sea Landing). Some of these businesses have changed name and ownership over the past three years, equivalent to the change of business name and ownership for Fitz's and Roderick's. Therefore, the comparison can be accurately utilized to evaluate calls for a use that is substantially the same. The following graph represents the number of calls for service in Tustin that occurred at Fitz's and Roderick's from 2005 until 2008 when compared with similar restaurant uses. Call s-for-Ser_vice 90 -i - - -- 80 70 60 50 40 1 30 20 10 L 0 -r Fitz/Roderick's EI Torito Oggi's/Tony's Zito's/Firedance Sea landing Reporting Period: May 1, 2005 — October 1, 2008 As indicated in the graph, there were substantially greater calls for service over the past three years for the Tustin Police Department related to Fitz's and Roderick's when compared with similar uses. The police calls for service and use of staff time cost the City considerably more than any other restaurant use in the City. Based on police records, over the past two and a half years the police department has spent about 70 percent more in City resources at Fitz's and Roderick'swhen compared to EI Torito and 80 percent more time and money when compared to Zito's and Oggi's. In addition to these statistics, the restaurant use located at 14131 Red Hill Avenue has had a significant impact on other City resources which has now cost the City and the general tax payer several thousand dollars over the past decade. The statistics in the calls for service (as shown in the graph) do not take into account time and resources spent by City staff including code enforcement officers, planning and building division staff, the City Attorney's office, and special investigations officers for the time spent in investigating the reoccurring problems caused at this Planning Commission Report CUP 98-029 (REVOCATION) October 28, 2008 Page 12 site. This overwhelming drain on City resources costs the City of Tustin substantially more money to provide the required level of service to this one business location. Revocation Process Section 9293.c of the Tustin City Code (TCC) addresses revocation of permits. The code states that any use permit granted may be revoked by the City Council if any of the conditions or terms of the permit are violated or if the following finding is made: In connection with use permits: The continuance of the use would be detrimental to the health', safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such use, or would be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the City. According to the TCC, before the City Council considers revocation of any permit, the Planning Commission must hold a hearing on the revocation after giving written notice of the hearing to the permittee. Subsequent to the Planning Commission hearing, a report of its findings and its recommendations on the revocation must be provided to the City Council. Subsequent Applications If Conditional Use Permit 98-029 is revoked, no application for the same (or substantially similar) discretionary permit for,the site at 14131 Red Hill Avenue can be filed for a period of one year following revocation of the discretionary land use permit. This would limit any new applications for a restaurant use with on-site sale and consumption of beer, wine, and distilled spirits and live entertainment at this location for a one-year period. Conclusion As shown in the summarized investigative report above, regardless of ownership, business name or restaurant menu, the businesses at this location have continually violated the conditions of approval approved for Conditional Use Permit 98-029 as well as ABC licensing requirements and the California State Penal Code. The required findings for revocation of CUP 98-029 that the use continues to be detrimental to the community and the City are substantiated and arbitrated in detail in Resolution No. 4103. Amy Thomas, AICP Senior Planner Elizabeth A. Binsack Community Development Director Attachments: A. Site Information: Property Detail Report, Location Map, Land Use Application Fact Sheet Planning Commission Report CUP 98-029 (REVOCATION) October 28, 2008 Page 13 B. Minutes: Planning Commission Hearings (February 8, February 22, and March 8, 1999) and City Council Hearings (March 15, 1999, April 5, and April 19, 1999) C. Resolution No. 99-29 D. Alcoholic Beverages Sales Establishment Guidelines E. Department of Alcoholic Beverage Control (ABC) letter dated October 6, 2008 and License Query System Summary for 14131 Red Hill Avenue F. Resolution No. 4103 Exhibit A of Resolution No. 4103 - Investigative Report with Exhibits G. Power Point presentation to be provided at the meeting S:\Cdd\PCReport\2008\PC Staff Report (Revocation Cup98-029 Rodericks)6.Doc ATTACHMENT Site Information: Property Detail Report, Location Map, Land Use Application Fact Sheet RealQuest.com x - Report Property Detail Report For Property Located At 14131 RED HILL AVE, TUSTIN CA 92780-5833 Owner Information: Owner Name: Mailing Address: Page 1 of 1 Eat uE C0M WILSON HUBER G 3185 MORITZ DR, HUNTINGTON BEACH CA 92649-1877 C005 C/O OLD TOWN INC Phone Number: Vesting Codes: Location Information: 1 st Mtg Document #: Legal Description: IRVINE SUB LOT 34 BLK 11 POR OF LOT TR 361 County: ORANGE, CA APN: Census Tract / Block: 755.12/2 Alternate APN: Township -Range -Sect: Subdivision: Legal Book/Page: Map Reference: Legal Lot: 34 Tract #: Legal Block: 11 School District: Market Area: Munic/Township: Neighbor Code: Multi/Split Sale: Owner Transfer Information: 432-041-17 IRVINE 23-F3 / 830-05 361 TUSTIN UNIF Recording/Sale Date: / Deed Type: Sale Price: 1 st Mtg Document #: Document #: Last Market Sale Information: Recording/Sale Date: / 1st Mtg Amount/Type: / Sale Price: 1st Mtg Int. Rate/Type: / Sale Type: 1st Mtg Document #: Document #: 2nd Mtg Amount/Type: / Deed Type: 2nd Mtg Int. Rate/Type: / Transfer Document #: Price Per SgFt: New Construction: Multi/Split Sale: Title Company: Lender: Seller Name: Prior Sale Information: Prior Rec/Sale Date: / Prior Lender: Prior Sale Price: Prior 1 st Mtg Amt/Type: / Prior Doc Number: Prior 1st Mtg Rate/Type: / Prior Deed Type: Property Characteristics: Year Built / Eff: 19701 Total Rooms/Offices: Garage Area: Gross Area: 3,991 Total Restrooms: Garage Capacity: Building Area: 3,991 Roof Type: Parking Spaces: Tot Adj Area: Roof Material: Heat Type: Above Grade: Construction: Air Cond: # of Stories: 1.00 Foundation: Pool: Other Improvements: Exterior wall: Quality: Basement Area: Condition: Site Information: Zoning: Acres: 0.16 County Use: Flood Zone: X Lot Area: 6,860 State Use: Flood Panel:. 0602350277H Lot Width/Depth: x Site Influence: Flood Panel Date: 02/18/2004 Commercial Units: Sewer Type: Land Use: COMMERCIAL BUILDING Building Class: C Water Type: Tax Information: Total Value: $232,467 Assessed Year: 2007 Property Tax: Land Value: $18,854 Improve %: 092% Tax Area: Improvement Value: $213,613 Tax Year: 2007 Tax Exemption: Total Taxable Value: $232,467 COMMERCIAL (3) $3,449.52 13001 http://www.realquest. comljsplreport.j sp?&client=&action=confirm&type=getreport&reco... 10/14/2008 LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): Revocation of CUP 98-029 2. LOCATION: Red Hill Avenue just south of 1-5 Freeway 3. ADDRESS: 14131 Red Hill Ave. 4. LOT: 34 TRACT: 361 5. APN(S):432-041-17 6. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: CUP 98-029 7. SURROUNDING LAND USES: NORTH: Service Station SOUTH: Red Hill Ave/Residential EAST: Red Hill Ave/ Service Station WEST: Retail Shopping Center/Frontier Park 8. SURROUNDING ZONING DESIGNATION: NORTH: C1/R2/P&I SOUTH: R2/R4 EAST: CG/C1 WEST: PP&I 9. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: Med Density Residential SOUTH: High Density Residential EAST: Community Commercial WEST: Public/Institutional 10. SITE LAND USE: A. EXISTING: Restaurant with live entertainment B. PROPOSED: Revocation C. GENERAL PLAN: Community Commercial D. ZONING: C1 Retail Commercial PROPOSED GP: same PROPOSED ZONING: same DEVELOPMENT FACTS: 11. LOT AREA: 6,969 S.F. 0.16 ACRES 12. BUILDING LOT COVERAGE: MAX. PERMITTED N/A PROPOSED 13. SITE LANDSCAPING: REQUIRED N/A PROPOSED 14. OPEN SPACE: REQUIRED N/A PROPOSED 15. PARKING: REQUIRED N/A PROPOSED 16. BUILDING HEIGHT: REQUIRED N/A PROPOSED 17. BUILDING SETBACKS: REQUIRED PROPOSED FRONT: N/A SIDE: N/A REAR: N/A 18. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC.) Forms: LandUseApplicationFactSheet ATTACHMENT B Minutes: Planning Commission Hearings (February 8, February 22, and March 8, 1999) City Council Hearings (March 15, 1999, April 5, and April 19, 1999) MINUTES TUSTIN PLANNING COMMISSION CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: Commissioners: Present: Vice Chair Kozak Browne Davert Jones REGULAR MEETING FEBRUARY 8, 1999 7:00 p.m., City Council Chambers Vice Chair Kozak Commissioner Browne Chairperson Pontious, Browne, Davert, Jones, Kozak Absent: Chairperson Pontious Staff: Elizabeth A. Binsack, Director Lois Bobak, Deputy City Attorney Karen Peterson, Acting Senior Planner Douglas Anderson, Traffic Engineer Minoo Ashabi, Assistant Planner Kathy Martin, Recording Secretary PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda.) No Public Concerns were expressed. laIF YOU REQUIRE SPECIAL ACCOMMODATIONS, PLEASE CONTACT THE PLANNING COMMISSION SECRETARY AT (714)573-3106. CONSENT CALENDAR: (ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS PRIOR TO THE TIME OF THE VOTING ON THE MOTION UNLESS MEMBERS OF THE COMMISSION, STAFF OR PUBLIC REQUEST SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.) CONSENT CALENDAR: 1. Minutes of the-January25.19 2 Planning Cornmiss on Meeting. Commissioner Davert moved Commissloner Jones seconded, to approve the Consent Calendar. Motion carried 4-0. PUBLIC HEARINGS: 2. Condidonal Use Permit 98-026 a request to establish a medical office in an existing structure. The project is located at 500 S. C Street within the Multiple Family Residential R-3 zoning district. Planning Commission Minutes February 8, 1999 Page 2 APPLICANT: BENNETT ARCHITECTS GREGORY BENNETT PROPERTY OWNERS: ALEX AND MARIA GAON Recommendation That the Planning Commission either: 1) Adopt Resolution No. 3656 approving Conditional Use Permit 98-026; or, 2) Adopt Resolution No. 3657 extending the Temporary Use Permit for 30 days and continue this item. Minoo Ashabi presented the subject report. Commissioner Browne inquired if hazardous material issues were addressed. Minoo responded that the conditional permit addresses the issue of hazardous materials. Commissioner Davert asked staff if the application was considered complete The Director responded affirmatively. Commissioner Dave rt noted that he viewed a specimen pick-up box on the porch and asked if staff could require the applicant to get approval from the health care agency. Lois Bobak, Deputy City Attorney, suggested that a condition be added that the applicant shall comply with Orange County Health Care Agency or applicable regulatory agency conditions and failure to comply would be grounds for revocation. The Director stated that the use is regulated by the State and noted that if the health care agency were a reviewing body they would be consulted. The Director recommended the addition of Condition 2.5 to read as follows: "If required, the plan and operations shall be reviewed and approved by the Orange County Health Care Agency and applicable state agencies. The applicant shall comply with any conditions set forth by the applicable agencies or this approval shall be subject to revocation." Vice Chair Kozak suggested that the State also be included in the condition. Commissioner Jones inquired if staff received the letter of consent. Karen Peterson responded that staff executed the agreement with the best information that was available and will need to follow-up with the applicant to obtain a current title report and insurance information. Lois Bobak noted the date of the letter had passed. Vice Chair Kozak proposed a modification to Condition 1.8 by deleting "or before". The Public Hearing opened at 7:11 p.m. Greg Bennett, applicant, stated his appreciation for staffs work and noted that the project was good for Old Town. He also asked the tenant if they were comfortable with the hours of operation shown in the staff report. Vice Chair Kozak asked the applicant if they were in agreement with Conditions 1.6, 1.8 and 2.5 and the remainder of the conditions. Greg Bennett, stated that he represents the property owner and the tenant should be held to the conditions. Planning Commission Minutes February 8, 1999 Page 3 The Director noted that if the tenant does not comply, the property owner would be held responsible. Greg Bennett stated that he did not believe that the County or State regulate bio - hazardous medical waste. Dr. Thomas, tenant, stated that the lab box on the porch is locked and she employs a company to dispose of the bio -hazardous waste. Vice Chair Kozak asked the tenant if they understand the conditions. Dr. Thomas responded affirmatively. Commissioner Davert asked why the business was opened without the benefit of permits and noted that he received a phone call from a member of the Cultural Resources Advisory Committee that was concerned about the proposal. The Director noted that similar to these circumstances weddings were conducted at Stevens Square also without permits; while staff does not want to be in the position of evicting businesses, staff must ensure buildings and tenant improvements are safe and in compliance with the Uniform Building Code. She further stated that the project was not forwarded to the Cultural Resources Advisory Committee because the project was not considered controversial because the parking demands are met. Commissioner Davert inquired about the rating of the structure and if a Certificate of Appropriateness had been obtained. The Director responded that the structure was "A" rated and staff would be issuing a Certificate of Appropriateness. The Public Hearing closed at 7:22 p.m. Commissioner Davert noted that the facility is beautiful, welcomed Dr. Thomas and her staff to Tustin and recommended the conditional use permit be approved, with the noted amendments. Commissioner Jones noted that he also thought the project was good and complimented staff for their work. Condition 1.6 was revised with the addition of the following: "In addition to any other enforcement action costs, the applicant shall pay the City $2,000.00 to offset the costs related to enforcement. Said payment shall be made within seven (7) days from the date of this approval. If payment is not made within seven (7) days, this approval shall be null and void." Condition 1.8 was revised as follows: in the first sentence delete "or before" COmmissioner Jones moved Commissioner Davert seconded, to adopt Resolution No. 3656, as revised, approving Conditional Use Permit 98-026. Motion carried 4-0. 3. Conditional Use Permit 98-029 a request for on-site sale of alcoholic beverages (ABC License Type "47') in conjunction with a new restaurant. The project is located at 14131 Red Hill Avenue within the C-1 (10,000) zoning district. APPLICANT/ LARRY SMITH PROPERTY OWNER: RED HILL RESTAURANT, INC. Planning Commission Minutes February 8, 1999 Page 4 Recommendation That the Planning Commission adopt Resolution No. 3655 approving Conditional Use Permit 98-029. Karen Peterson presented the subject report Vommissioner Davert noted that the applicant's attorney gave correspondence to staff and the Commission and the hearing should be continued to allow staff and the Commission time to review the applicant's correspondence. Michael Cho, applicant's attorney, apologized for the lateness of his correspondence and noted that the applicant wished to proceed tonight. Vice Chair Kozak stated the Commission needs the benefit of the City Attorney and City staffs review of the submitted correspondence. Commissioner Jones suggested that the applicant meet with City staff prior to the next Planning Commission meeting. Commissioner Jones moved Commissioner Davert seconded, to continue the hearing to the February 22, 1999 Planning Commission Meeting to allow staff and the applicant the opportunity to discuss conditions of approval. Motion carried 4-0. REGULAR BUSINESS: STAFF • - Reagrt on Actions taken a -the Febru 1Y 1. 1999 City Council Meetina Elizabeth A. Binsack, Community Development Director presented the subject report. Commissioner Davert moved Commiss1 n Jones seconded, to receive and file. Motion carried 4-0. COMMISSION CONCERNS: Commissioner Browne Thanked staff for their professionalism in dealing with development projects. Commissioner Davert - Noted that Commissioners Browne and Jones were featured in local newspaper articles. Noted that he attended a UCI forum on crime in Orange County and that Tustin is doing well. Commissioner Jones Noted the presence of graffiti on the Tustin Self Service Storage building. - Thanked staff for their patience in working with the applicant on 500 "C" Street. Planning Commission Minutes February 8, 1999 Page 5 Commissioner Kozak - Thanked staff for their work. - Noted that the left tum lane arrow was out at the Holt and Irvine Boulevard intersection. ADJOURNMENT: Commissioner Davert moved Commissioner Browne, to adjourn the meeting at 7:36 p.m. Motion carried 4-0. A regular meeting of the Planning Commission will be held on February 22, 1999 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. Foe,_ es ie. ontious Chairp on Elizabeth A. Binsack Planning Commission Secretary MINUTES TUSTIN PLANNING COMMISSION CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: Commissioners: REGULAR MEETING FEBRUARY 22, 1999 7:02 p.m., City Council Chambers Commissioner Jones Commissioner Davert Chairperson Pontious, Browne, Davert, Jones, Kozak Present: Chairperson Pontious Kozak Browne Davert Jones Absent: None Staff: Elizabeth A. Binsack, Director Omar Sandoval, Deputy City Attorney Karen Peterson, Acting Senior Planner Douglas Anderson, Traffic Engineer Justina Willkom, Associate Planner Lori Ludi, Associate Planner Bradley Evanson, Assistant Planner Kathy Martin, Recording Secretary PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda.) No Public Concerns were expressed. INIF YOU REQUIRE SPECIAL ACCOMMODATIONS, PLEASE CONTACT THE PLANNING COMMISSION SECRETARY AT (714)573-3106. CONSENT CALENDAR: (ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS PRIOR TO THE TIME OF THE VOTING ON THE MOTION UNLESS MEMBERS OF THE COMMISSION, STAFF OR PUBLIC REQUEST SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.) CONSENT CALENDAR: 1. Minutes of the February 8 1999 Planning Commission Meeting Commissioner Davert moved Commissioner Browne seconded to approve the Consent Calendar. Motion carried 4-0. Chairperson Pontlous abstained. Planning Commission Minutes February 22, 1999 Page 2 PUBLIC HEARINGS: 2. Conditional Use Permit 98-007 and Design Review 98-007 a request to construct a 1,472 square foot drive-through oil change facility with three work bays and indoor/outdoor waiting areas. The project is located at 12972 Newport Avenue within the Retail Commercial District (C-1) zoning district. APPLICANT: PROPERTY OWNER: Recommendation EZ Lube Michael J. Dobson KC/OB Partners, LLC Tim O'Brien That the Planning Commission continue the public hearing for this project until March 22, 1999. The Public Hearing opened at 7:03 p.m. The Director indicated that staff is working with the applicant to review their revised site plan and traffic analysis and asked the Commission to continue the hearing to the March 22, 1999 meeting. The Public Hearing closed at 7:03 p.m. Commissioner Davert movedCommissioner Jones seconded, to continue the hearing to the March 22, 1999 Planning Commission meeting. Motion carried 5-0. 3. General Plan Amendment 99-001 and Zone Change 99-001 a request to amend the General Plan Land Use Designation for an 8,923 square foot abandoned Caltrans parcel from Transportation to High Density Residential and amend the zoning district from Unclassified (U) to Planned Development (PD). The project is located at 15500 Tustin Village Way within the Unclassified (U) zoning district. APPLICANT/ MR. ELMER TIEDJE PROPERTY TUSTIN VILLAGE WAY COMMUNITY OWNER: ASSOCIATION That the Planning Commission adopt Resolution No. 3653 recommending that the City Council certify as adequate the Negative Declaration for General Plan Amendment 99-001 and Zone Change 99-001; and, 2. That the Planning Commission adopt Resolution No. 3654 recommending that the City Council approve General Plan Amendment 99-001 and Zone Change 99-001. The Public Hearing opened at 7:05 p.m. Bradley Evanson presented the subject report. Commissioner Davert inquired if there was any indication that the property owner proposed additional development in the future. Bradley Evanson stated that the conceptual site plan shows only on -street parking and landscaping and they have no intention of proposing any units. Planning Commission Minutes February 22, 1999 Page 3 Commissioner Jones asked if there would be any structures associated with the parking proposed. Bradley Evanson responded that structures were not identified in the submitted conceptual plan. Commissioner Davert noted the high density in this neighborhood and did not wish to allow additional development. The Director noted that if the property owner were to request additional units and could support the units by providing appropriate setbacks and parking spaces; the City may be obliged to approve the request. The Director noted the likelihood of that occurring on this site is minimal. Commissioner Jones noted that the current density is significantly below what could be constructed. The Director confirmed Commissioner Jones' statement Chai(person Pontious noted that the parcel did not have street frontage making it difficult to use for more than landscaping. Bradley Evanson confirmed that the parcel does not have street frontage. The parcel is behind an adjacent mobilehome park and is an oddly shaped parcel due to Caltrans reconfiguration. ioner Jones noted that the access road could be realigned Chairoerson Pontious noted her concern that the area could become a gathering area without proper lighting and visual access. The Director noted that all development applications are routed to the Police Department for their review to ensure that there are no indefensible areas and the City's codes require one foot candle security lighting. Elmer Tiedje, applicant, stated that the request is only for landscaping a play area and no parking is intended on the parcel. The Public Hearing closed at 7:10 p.m. Commissioner Davert moved Commissioner Browne seconded to adopt Resolution No. 3653 recommending that the City Council certify as adequate the Negative Declaration for General Plan Amendment 99-001 and Zone Change 99- 001. Motion carried 5-0. Commissioner Davert moved Commissioner Browne seconded, to adopt Resolution No. 3654 recommending that the City Council approve General Plan Amendment 99-001 and Zone Change 99-001. Motion carried 5-0. 4. Conditional Use Permit 98-031 a request for the on-site sale of beer and wine (ABC License Type "41") for on-site consumption in conjunction with a new restaurant. The project is located at 658 EI Camino Real within the C-2, P Central Commercial District, Parking Overlay District. APPLICANT: AKIRA TAKASHIO HONDAYA CORPORATION PROPERTY WILLIAM ZAPPAS OWNER: EL CAMINO PLAZA Planning Commission Minutes February 22, 1999 Page 4 Recommendation That the Planning Commission adopt Resolution No. 3658 approving Conditional Use Permit 98-031. The Public Hearing opened at 7:11 p.m. Justina Willkom presented the subject report. Commissioner Davert asked if this is a relocating business or a new business. Justina Willkom replied that this is a new business and the applicant currently has the Honda Ya restaurant at the Jamestown Plaza. The Public Hearing closed at 7:12 p.m. Commissioner Jones moved Commissioner Kozak seconded, to adopt Resolution No. 3658 approving Conditional Use Permit 98-031. Motion carried 5- 0. 5. Condltlonal Use Permit 98-029 a request for the on-site sale of alcoholic beverages (ABC License Type "47") in conjunction with a new restaurant. The project is located at 14131 Red Hill Avenue within the Retail Commercial (C-1; 10,000) zoning district. APPLICANT/ PROPERTY OWNER: LARRY SMITH RED HILL RESTAURANT, INC. Recommendation That the Planning Commission adopt Resolution No. 3655 approving Conditional Use Permit 98-029. The Public Hearing opened at 7:13 p.m Lori Ludi presented the subject report. The Director noted for the record that the applicant submitted a menu, petition and photos for the Commission's review. Michael Cho, attorney for applicant, noted that they met with City staff and they have agreed to disagree with staff. He indicated that the conditions were burdensome to the applicant, specifically conditions 1.4, 1.8, 2.1, 2.3, 2.7, 2.10, 2.1.3, 2.1.4 related to operating hours, seating at the bars, allowing patrons to take partially -consumed wine home, accounting for audited statements, food being offered during all business hours, allowing pool tables and video games and closure of dining rooms when not needed. Commissioner Jones asked staff if a type 47 license allows recorked bottles to be carried out. The Director responded that Lori Ludi spoke to the Department of Alcoholic Beverage Control (ABC) who indicated that a type 47 license does not allow recorked bottles to be carried out. Omar Sandoval, Deputy City Attorney, stated that he is not familiar with the business and professions code but the City has the ability to regulate off-site consumption regardless of ABC regulations. Planning Commission Minutes February 22, 1999 Page 5 Michael Cho, attorney for applicant, stated that he believed the ABC code states a recorked bottle is considered closed. The Director stated that staff would research the issue if the Planning Commission wishes to allow the carryout of recorked bottles. Commissioner Jones asked staff the rationale for not allowing bar seating. The Director responded that staffs concerns relate to the two functions of the establishment as that of a bar and a restaurant. As a bar or lounge, the establishment would not be permitted at this location and, based on the operational characteristics, will become a full-fledged bar. City staff has Planning Commission guidelines which identify what should be allowed and not allowed in restaurants with on-site consumption of alcoholic beverages. She further stated that she believed that, at that time, the Planning Commission did not wish restaurants to be converted into bars. Staff does not feel strongly about the condition and if the Planning Commission wished to allow bar seating, they should direct staff to modify the guidelines. Commissioner Jones asked if the Lone Star Steakhouse was considered a separate bar. The Director responded that the bar is considered an ancillary use to the full-fledged restaurant. Commissioner Jones noted that the applicant's concern with Condition 2.4 is unfounded because it does not disallow the closure of the upper dining level. Commissioner Kozak noted that the conditions of approval are consistent with the guidelines and compared the conditions to those in Item #4, Conditional Use Permit 98- 031. He inquired if site improvements could be conditioned for the trash enclosure and landscaping. Chairperson Pontious stated that there are negative constraints imposed by the configuration of the building and will make it hard to use the site. Commissioner Dave rt noted that the site has been vacant for a long time and the City is looking forward to someone investing in the site with the establishment of a quality project. He further stated that this area is very sensitive and is borderline blighted. He noted that he concurs with the applicant on Condition 1.4 and does not have a problem with patrons being able to take home partially -consumed bottles of wine. Commissioner Kozak noted that he wished to see enforcement and ABC guidelines referenced in Condition 1.4. The Director stated that the Planning Commission always has the ability to revoke the permit. Commissioner Browne noted his approval of the changed condition subject to obtaining ABC clarification. Condition 1.8. commissioner Davert stated that he understands the applicant's desire to be able to discount or give away food but the sales figures and the financial statements need to be audited. CommiSsioper Kozak suggested minor modifications in the language of Condition 1.8 to read "audited financial statements and schedules" and noted there are generally accepted accounting principles to allow separation of the revenues. The Director stated that if the establishment is truly a restaurant, food sales should be higher than alcoholic beverage sales. Planning Commission Minutes February 22, 1999 Page 6 Commissioner Jones noted that the calculation should be receipt based. The Commission supported Condition 1.8 with Commissioner Kozak's additional language. Condition 2.3 Commissioner Davert stated that food needs to be available during the hours the restaurant is open. Chairperson Pontious noted that there could be a supplemental menu for later hours. Michael Cho, attorney for applicant, noted that the applicant could work with the provision of a reduced evening menu. Commissioner Jones noted that the words "full" could be deleted from Condition 2.3. Chairperson Pontious suggested that "one hour prior to closing" be deleted. Commissioner Browne asked for clarification on table service opposed to bar service. Commissioner Davert asked if the applicant intended to have wait staff serve the food at all hours. Michael Cho, attorney for applicant, responded that wait staff would be serving food at all hours. Condition 2.4 Commissioner Davert stated he is not comfortable having the restaurant open until 2:00 a.m. and agrees with staff. Commissioner Jones and Commissioner Kozak concurred with Commissioner Davert's concerns. Larry Smith, applicant, stated his concern about throwing patrons out at closing and asked for a compromise by closing at midnight on weekdays and 1:00 a.m. on weekends. Commissioner Browne stated he understands the applicants concern but believes the closing time means no new patrons entering. Michael Cho, attorney for applicant, stated an absolute time limit would be easier. The Planning Commission took a five minute recess at 8:10 p.m. The Planning Commission reconvened at 8:15 p.m. Commissioner Davert stated that his interpretation of closed is no new patrons should be admitted after that hour. Commissioner Kozak stated that the hours recommended by staff are reasonable given the location. Commissioner Jones stated that he supports the hours that staff has recommended. Commissioner Davert asked if the applicant had the option to return to the Commission and request a modification to the hours. The Director responded that the applicant can request a modification to the hours at a later time. Planning Commission Minutes February 22, 1999 Page 7 Larry Smith, applicant, stated that he would prefer to operate with the proposed later closing hours. The Director recommended the language remain the same for condition 2.4. Condition 2.7 -Qommissioner Davert noted that late night parking does not appear to be a problem in the center and does not understand Mr. Cho's request. Michael Cho, attorney for applicant, stated he does not know what the available seating capacity is for the restaurant but requests the maximum seating be allowed. Chairperson Pontious stated that she believed the center is over -parked. The Director stated that the center does have additional parking and the condition states exactly what Mr. Cho is requesting. Michael Cho, attorney for applicant, stated he believed the condition limits the restaurant to 150 seats unless they submit a parking study and noted that a parking study was provided. Commissioner Davert inquired about the number of seats the applicant is proposing. Michael Cho, attorney for applicant, stated that 210 spaces would be available subject to the occupancy. The Director stated that staff does not have concerns with 210 spaces but cannot make a determination at this point based on the information submitted. Lary Smith, applicant, stated he did submit a parking summary. Lori Ludi stated that the parking summary the applicant submitted reflects a request for 150 seats. Commissioner Davert asked from where the additional 20 spaces are derived. The Director responded that the additional spaces could be accommodated within the facility as long as the demand does not change with respect to the parking and the actual occupancy of the building can support additional occupancy. This determination can be made at a staff level. The condition, as it is written, gives flexibility for that to occur. Condition 2.10 Commissioner Davert stated that video games and pool tables can be fun and cater to a professional crowd and he does not have a problem with these two items. Commissioner Jones asked where the video games and pool tables would be located in the restaurant. Michael Cho, attorney for applicant, responded they would be located in the main floor dining room on the main level. ommissioner Davert asked for the seating capacity in that room. The Director responded that 48 seats are identified on the plans and noted that the Commission should be mindful that the intended use of the facility is a restaurant; two pool tables and five video games in an area that is approximately 750 square feet would constitute a primary use of the area for gaming rather than a restaurant use. Michael Cho, attorney for applicant, noted that the percentage drops when the square footage is calculated for the upstairs dining room and the lower dining room. Planning Commission Minutes February 22, 1999 Page 8 Larry Smith, applicant, noted that the room referred to as the main dining room is technically not the main dining room and further noted that the total restaurant dining area is broken up into three areas that are comparable in size. The Director reminded the Commission that pool tables and video games are not allowed in the guidelines so the Commission would be establishing a precedent. CommissiQaQ _@y9A stated he understands the guidelines and the need for consistency but noted that there are new trends in restaurants. The Director noted that if the Commission wished to allow pool tables and video games, they should direct staff to modify the guidelines and to recognize that the option would be available to other interested establishments. Commissioner Davert stated he did not wish to make this available to everyone in town. The Director noted that the Commission has the ability to condition any project that appears before the Commission. Michael Cho, attorney for applicant, noted that Dave and Busters is one of the fastest growing restaurant companies in the United States and theme restaurants are the rage. Commissioner Davert asked if a condition could be included for revocation if the establishment receives too many police calls. The Director stated that equal protection issues must be considered when laws are written and noted that staff can modify the portion of the resolution that pertains to off-site and on-site consumption of alcoholic beverages. Commissioner Kozak noted that perhaps a standard could be used relative to the size of the facility or location. Michael Cho, attorney for applicant, noted that games make up over fifty percent of the facility in a Dave and Busters facility. Chairperson Pontious compared this issue to neon signage which was prohibited at one time and now is considered trendy and upscale. Commissioner Jones stated that the Commission should realize that this is a changing trend but the issue should be researched by staff. The Director stated that the prohibition should be left in and staff can return with guidelines for the Commission's consideration. Commissioner Davert stated he understands the applicant wishes to open his restaurant with everything in place and asked if the use could be allowed temporarily. The Director stated that the Commission can condition the applicant to comply with any future guidelines that are adopted. Chairperson PonWus asked the applicant for their expected opening date. Michael Cho, attorney for applicant, indicated that the applicant is ready to open immediately and would be inclined to accept any conditions subject to any changes that the City may provide through future guidelines and waive any claims against the City for removal and cost. The Director noted that the Planning Commission can approve temporary use permits for up to six months and staff may need to notice the temporary use permit as a separate hearing. Planning Commission Minutes February 22, 1999 Page 9 Condition 2.13 Commissioner Jones noted that there are barstools at the Lone Star restaurant. The Director noted the bar is considered an ancillary use to the restaurant. Commissioner Davert noted that he does not drink at all but eats his lunch twice a week on a barstool at a bar in a very nice restaurant. Chairoerson Pontious noted the bar seating could be included along with the pool tables to be conditioned on a six-month period based on a revision of the guidelines. Commissioner Kozak asked if the twelve seats could be specified and also four for the oyster bar. Condition 2.14 Commissioner Davert stated he believed the intent is that food would be available in all open portions of the restaurant at any given time. Chaftperson Pontious asked if the condition could be rewritten to be less ambiguous The Director indicated that the intent of the condition was that any and all areas would exclusively operate as a restaurant and suggested that "all times" be deleted from the condition. Commissioner Browne inquired if this precludes the applicant from using the facility for wedding receptions. The Director indicated that the applicant could allow anything that did not exceed the occupancy limit. Michael Cho, attorney for applicant, noted his concern about New Year's Eve falling on a weekday. Commissioner Dayert indicated he believed there is a way to accommodate a one-time event. The Director stated individuals can have four special events per year and permits need to be in place before the event occurs. The Director indicated that the City Attorney suggested that the City require some sort of security for the oversight time required by staff. Commissioner Kozak suggested the condition be worded to indicate the security would be in a form acceptable to the City Attorney. Michael Cho, attorney for applicant, stated he has never seen a condition requiring a bond relative to enforcement costs. Omar Sandoval, Deputy City Attorney stated that the City would include the amount and performance bonds are commonly issued to permittees. Commissioner Jones asked if there was consensus related to the exterior of the building. The Director stated that it can be conditioned if the Commission can make a finding that the proposed use is creating a burden and necessitates the trash enclosure. Commissioner Kozak stated that his intent was to improve the aesthetic appearance of the building. Planning Commission Minutes February 22, 1999 Page 10 Commissioner Jones stated that it may just be a matter of bringing the cracked planters up to a current state of repair. The Director stated that the Commission should get concurrence from the applicant Michael Cho, attorney for applicant, stated the applicant would have no problem with landscaping the current areas within the planters and repairing damaged planters. Commissioner Kozak stated his hope that improvements to this site would encourage improvements throughout the center. The Director stated that staff can prepare a resolution to be included on the Consent Calendar for the next meeting. Commissioner Kozak stated that he wished to see conditions 2.10 and 2.12 from Resolution No. 3658 placed into this resolution also. The Public Hearing closed at 9:00 p.m. Commissioner Davert stated his gratitude to staff and the applicant for their time spent on this project and noted the City has looked for years for an appropriate use for this facility and will support the applicant to make the business successful. Commissioner Jones moved Commissioner Kozak seconded to continue the Item to the March 8, 1999 Planning Commission meeting to allow staff to prepare a revised resolution of approval. Motion carried 5-0. REGULAR BUSINESS: 6. Status Reports Karen Peterson, Acting Senior Planner presented the subject report. STAFF CONCERNS: 7. Report on Actions taken at the February 16 1999 Cb Council Meeting Elizabeth A. Binsack, Community Development Director reported on the subject agenda. COMMISSION CONCERNS: Commissioner Davert - Noted that Red Hill Avenue is reduced to one lane at Irvine Boulevard and asked if this was in the County. Douglas Anderson replied that this was in the County and is part of their widening project. - Noted that the Unocal Station on I r Street is still using three signs posted. The Director replied that staff had sent a letter to the property manager and would follow up with them. Commissioner Kozak - Thanked staff for their work on the Red Hill Restaurant report. Planning Commission Minutes February 22, 1999 Page 11 Chairperson Pontious Stated her pleasure in seeing something positive occurring at the old Chuck's Steak House restaurant. Commissioner Jones - Announced his resignation from the Planning Commission due to his new position with the Irvine Ranch Water District as General Manager. He thanked City staff and the Commission and stated he enjoyed serving on the Commission. ADJOURNMENT: Commissioner Davert moved Comml§sioner Kozak seconded, to adjourn the meeting at 9:10 p.m. Motion carried 5.0. A regular meeting of the Planning Commission will be held on March 8, 1999 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. Leslie A. Pontious Chairperson 1 � /`!� /-V wt-- �'�-Elizabeth A. Binsack Planning Commission Secretary MINUTES TUSTIN PLANNING COMMISSION CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: Commissioners: REGULAR MEETING MARCH 8, 1999 7:00 p.m., City Council Chambers Commissioner Browne Commissioner Kozak Chairperson Pontious, Browne, Davert, Kozak Present: Chairperson Pontious Kozak Browne Davert Absent: None Staff: Karen Peterson, Acting Senior Planner Lois Bobak, Deputy City Attorney Justina Willkom, Associate Planner Lori Ludi, Associate Planner Joe Meyers, Senior Management Analyst Kathy Martin, Recording Secretary PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda.) Jerry Hart, VP, Tustin Meadows Homeowners Association (HOA), asked for the Commission's support and financial assistance to raise the height of their wall to mitigate noise and air pollution. Chaimerson Pontious noted that financial assistance is out of the Planning Commission's purview and is a Council issue. Commissioner Browne noted that he received a phone call from Mrs. Jensen of the Tustin Meadows HOA and he conveyed her concerns to Karen Peterson. Commissioner Davert stated that Councilman Potts addressed the HOA's concerns and suggested the residents appear before the City Council at their next meeting. John Higgins, Peppertree HOA, stated his concerns about railroad noise and noted that there may be funding through OCTA, County or the State and he would be happy to work with staff on the issue. Commissioner Browne noted that the whistle of the train is the concern where he resides and asked Mr. Higgins if that was the case for Peppertree. John Higgins noted that it is the train itself, maintenance of the tracks and acceleration and deceleration of coming into new train station. Commissioner Davert encouraged both homeowners groups to forward their concerns to the City Council. Planning Commission Minutes March 8, 1999 Page 2 CONSENT CALENDAR: Minutes of the February 22-1999 Planning Commission Meeting. Commissioner Davert moved Commissioner Kozak seconded, to approve the February 22, 1999 minutes. Motion carried 4-0. 2. Conditional Use Permit 98-029 a request for authorization of on-site sale of alcoholic beverages (ABC License Type 47) in conjunction with a new restaurant. The project is located at 14131 Red Hill Avenue within the Retail Commercial (C-1, 10,000) zoning district. APPLICANT/ PROPERTY OWNER: LARRY SMITH RED HILL RESTAURANT, INC. That the Planning Commission adopt Resolution No. 3655 approving Conditional Use Permit 98-029, as conditioned. If conditions are modified, staff may alter the recommended action. Commissioner Davert pulled this item for discussion and noted that the applicant may have questions on the conditions and staff provided a revised resolution to the Commission. Lori Ludi noted the revisions included the inclusion of coin operated games in Condition 1.11 and revised Condition 2.10 to be more flexible in evaluating the existing guidelines at a future date and further noted that the language was recommended by the City Attorney's office. Michael Cho, attorney for applicant, thanked the Commission and noted Condition 2.14 was never discussed in the two prior Planning Commission meetings and stated that Alcohol Beverage Control has deleted the designation of eighty (80) percent of the premises requirement. Lori Ludi noted that staff used this type of language for restaurants with this type of licensing to ensure that operations are strictly a restaurant and nothing more. Chairperson Pontious stated the condition is reasonable. Michael Cho stated that the issue was not addressed in prior meetings and ABC is not going to include this condition and asked that it be deleted. Lori Ludi stated that the language is an expansion of an existing condition Commissioner Browne noted that utensils, table service and condiment dispensers are easily provided. Michael Cho, attomey for applicant, withdrew the request to delete Condition 2.1.4 and stated his understanding of Condition 2.4 was the doors will dose but patrons inside the restaurant may remain to complete their meal or dining experience. He further noted that Bill Wong of Alcohol Beverage Control stated that they would interpret the City's condition regarding dosing hours to mean that all sales, service and consumption shall cease at the hours outlined. ABC has proposed conditions that all sales, service and consumption shall cease at midnight Sunday through Thursday and 1:00 a.m. Friday and Saturday. Planning Commission Minutes March 8, 1999 Page 3 Commissioner Browne asked staff if language could be created to ensure that the ABC understands the Commission's interpretation of the condition. Lois Bobak stated that would create an enforcement problem for the Police Department and believes the applicant's attorney has a good point in that closed should mean all patrons are out of the premises but she does not know how the City regularly enforces this provision in regards to other restaurants. Chairperson Pontious referenced the closing hours of other restaurants in the vicinity. Commissioner Kozak reminded everyone of the sensitive uses in the area and asked if staff had seen conditions from the ABC and inquired if the ABC would be guided by the City's use permit. Lori Ludi responded that the ABC board has seen the City's draft resolution and staff has seen the ABC's draft conditions. She further noted that ABC will not final their conditions until after the Planning Commission's approval. Commissioner Kozak clarified to the applicant that the ABC has not yet ruled on the hours. Michael Cho indicated that although the Commission will allow the applicant to stay open for an additional hour to allow customers to finish their meals, the ABC states that at the closing hour, there should be no further service. Gerson Pontious noted the Lone Star Steakhouse is also in a sensitive area and was given the closing hours of 10:00 p.m. Sunday through Thursday and 11:00 p.m. Friday and Saturday and proposed that the hours be changed to 1:00 a.m, on Friday and Saturday. Commissioner Davert stated that he was satisfied with the original hours and noted that the Commission has negotiated extensively with the applicant. Michael Cho, attorney for applicant, asked that language be included in the resolution stating that the City's definition of being closed is not ceasing of sales, service and consumption but rather no new customers and can continue to operate until customers are finished. Commissioner Davert inquired if the hours could remain the same as proposed but give the applicant a maximum of 30 minutes. Lois Bobak, Deputy City Attorney, responded that from an enforcement standpoint, it is easier to have a time period when the restaurant is closed and all patrons are expected to be out. Commissioner Browne inquired if the Commission could have the CUP indicate one time and tell the ABC it is another time. Lois Bobak, Deputy City Attorney, indicated that the ABC would accept and enforce any condition that the City imposed. Commissioner Davert indicated that the Commission has gone to great lengths to accommodate the applicant without compromising the neighborhood and the applicant can come back with a request for a modification if there is a problem in the future. Michael Cho, attorney for applicant, asked that the record show the Commission's definition of closing because the ABC condition is going to be applied differently. Lois Bobak, Deputy City Attorney, stated she believed that the Commission is adopting ABC's definition of dosed, meaning doors are closed with no patrons on the premises. Planning Commission Minutes March 8, 1999 Page 4 Larry Smith, applicant, stated that, at the prior Commission meeting, he understood that patrons would be allowed to finish their meal which is not indicated in the resolution. Commissioner Pontious indicated that she believed ABC's emphasis was on actual consumption of alcohol. Karen Peterson indicated that Bill Wong of ABC stated that while the ABC does apply these conditions, there is some flexibility in their enforcement and they recognize some time is needed to close and finish serving patrons. Lary Smith, applicant, stated that if ABC conditions state that closing is 11:00 p.m. and there are drinks on the table, he will be cited. Commissioner Davert indicated that the hours should remain the same with the intent that there will be no new patrons after closing time. Lois Bobak indicated that it is important to put an outside limit on the hours and suggested that the Commission add a condition that requires the doors be closed 'h hour or 45 minutes before the closing time or add a %z hour onto the closing time after the doors are closed. Com issiQner Davert recommended that the Commission put a deadline of 30 minutes after the closing hours. Commissioner Kozak suggested language for Condition 2.4 indicating no patrons on the premises 30 minutes after the closing time. Resolution No. 3655 was changed as follows: Condition 2.4 addition of sentence to read: "No new patrons shall be admitted after the closing hours and patrons shall vacate the premises within thirty (30) minutes after closing time." Commissioner Davert moved Commissioner Kozak seconded to adopt Resolution No. 3655 approving Conditional Use Permit 98-029, as revised. Motion carried 4-0. PUBLIC HEARINGS: 3. Above Ground Cabinets Design Guidelines and Ordinance The purpose of these guidelines is to regulate the placement and design of above ground cabinets in conjunction with any City permitted use of the public right-of-way. These guidelines are intended to reduce the potential for negative environmental impacts of above ground cabinets on the community and to protect the health, safety and/or welfare of the citizens of Tustin. Recommendation That the Planning Commission adopt Resolution No. 3652 recommending that the City Council approve the Above Ground Cabinet Design Guidelines and Ordinance No. 1213. The Public Hearing opened at 7:31 p.m. Justina Willkom presented the subject report and described five changes made to the resolution. Commissioner Kozak stated that the guidelines are a great idea and voiced his concerns regarding property owner notification; new boxes in residential communities; graffiti cleanup; allowable heights of cabinets; and, use of a master plan. Planning Commission Minutes March 8, 1999 Page 5 Karen Peterson responded that staffs intent was to create guidelines to guide staff through any future master plans that might come forward. There are no master plans in house for review at this time. Chairperson Pontious asked if the master plans would come through the Commission at any time or just through the administrator. Karen Peterson replied that master plans would be processed through the Community Development Director through the design review process. She continued to address Commissioner Kozak's comments as follows: the guidelines are intended to apply to new cabinets only; staff can look at establishing different heights for different areas to be more sensitive to residential properties; staff can add a condition regarding graffiti removal and enforcement costs; and notices to adjacent homeowners could be a courtesy notice. Commissioner Kozak stated that if these facilities are allowed in the public right-of-way, at minimum, the property owner should have the opportunity for input. Reed Royalty, Pacific Bell consultant, asked the following questions: • Would the guidelines apply to the phone company? • Would the guidelines apply to the cabinet if less than the 3'x3'x5' standard? • Would the size restriction apply to the volume of the cabinet or the individual dimensions? • Would the twenty (20) percent variation apply to each dimension of the cabinet? • Are there any fees involved? • Would the guidelines apply only to cabinets in the public right-of-way or also to cabinets on private property? He further noted that painting the cabinets would void the warranty and noted that the lightspan cabinets used by the phone company are slightly larger than the maximum but save lots of little boxes and trenching through streets. Chairperrs n Pontious stated that perhaps testimony should be received and staff can respond and clarify issues. Commissioner Kozak inquired if the guidelines were an urgency matter. Karen Peterson replied that the guidelines are not an urgency matter. Mark Stucky, Cox Communications, noted that the guidelines seem to apply to cabinets larger than 3x3x5 while the resolution seems to set a maximum size of 3x3x5 but does not address how installations are treated below that size and requested a continuance and workshop. Kim Barone, Southern California Edison, reiterated Cox's and Pacific Bell's comments and asked if the guidelines apply to utilities that are regulated by Public Utilities Commission (PUC) and supports the idea of a workshop. Chairperson Pontious stated that having some technical input at the workshop would be helpful and asked if there are any legal issues on the exclusion or inclusion of utilities under the PUC. Lois Bobak, Deputy City Attorney, stated she is not aware of any legal issues on the exclusion or inclusion of utilities under the PUC but stated that she would be happy to look at any information the utilities can provide the City Attorney's office related to their belief of being exempt from design criteria for facilities located within a public right-of-way. Commissioner Davert stated his concern that the PUC may regulate cabinet size, appearance, dimensions, etc. Planning Commission Minutes March 8, 1999 Page 6 Commissioner Kozak stated that perhaps the providers could bring forth information related to their experience with other communities. John Higgins, Peppertree Homeowners Association, stated his concerns about Cox Communications installing boxes without permits in his front yard; suggested that the terms be decreased to one year for review; design review process should include the association; adjacent property owners input; and, liability issues. Commissioner Davert stated that he did not wish to have a public hearing for every cabinet to be installed. Chairperson Pontious stated that she would like to see the design guidelines apply to all sizes and volume as opposed to 3x3x5. Commissioner Davert stated that the guidelines presented tonight are a good starting point and more dialogue and technical information would be helpful. Chairperson Pontious asked staff to meet with the people speaking at the meeting tonight. Commissioner Davert noted that the City Attorney recommended that the Commission have input too and suggested staff be given time to work with the issue and come back with a proposal. Commissioner Browne moved Commissioner Davert seconded, to continue the hearing to a date uncertain to allow staff the opportunity to meet with interested utilities. Motion carred 4-0. REGULAR BUSINESS: STAFF CONCERNS: 4. Report on Actions taken at the March 1 1999 City Council Meeting Karen Peterson, Acting Senior Planner reported on the subject agenda. COMMISSION CONCERNS: Commissioner Davert - Noted that a tent has been up for months in the driveway at 17531 Amaganset and asked code enforcement staff to investigate. Commissioner Kozak Noted that the fence is broken around the trash enclosure at Marcella's Pawn Shop in the EI Camino Plaza and building materials are being stored there. Noted that the trash bin at The Barn restaurant is overflowing and is unsightly. Noted that banners on a fence and a semi -truck can be seen from the freeway at Tustin Avenue. - Thanked staff for bringing the Cabinet Design Guidelines forward. Planning Commission Minutes March 8, 1999 Page 7 Chairperson Pontious Asked staff about a status update from the Redevelopment Agency. Karen Peterson noted that she will check into the Commission's request. ADJOURNMENT: Commissioner Davert moved Commissioner Kozak seconded, to adjourn the meeting at 8:08 p.m. Motion carried 4-0. A regular meeting of the Planning Commission will be held on March 22, 1999 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. Leslie A. Ponti s Chairperson Elizabeth A. Binsack Planning Commission Secretary MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA MARCH 15, 1999 CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Saltarelli at 7:05 p.m. at the Council Chamber, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Counciimember Thomas. The Invocation was given by Rev. Allan Waterson, Aldersgate United Methodist Church. ROLL CALL Council Present: Thomas R. Saltarelli, Mayor Tracy Wills Worley, Mayor Pro Tem Mike Doyle Jim Potts Jeffery M. Thomas Council Absent: None City Clerk: Pamela Stoker Others Present: William A. Huston, City Manager Lois Jeffrey, City Attorney Christine Shingleton, Assistant City Manager George Jeffries, City Treasurer Elizabeth Binsack, Director of Community Development Steve Foster, Chief of Police Ronald A. Nault, Finance Director Tim Serlet, Director of Public Works Pat Sanchez, Director of Parks and Recreation Services Dana Kasdan, Engineering Services Manager Rita Westfield, Assistant Director/Com. Development Valerie Crabill, Chief Deputy qty Clerk Bettie Correa, Senior Personnel Analyst Approximately 8 in the audience PUBLIC INPUT — None PUBLIC HEARING ( ITEM 1) 1. APPEAL OF CONDITIONAL USE PERMIT 98-007 AND DESIGN REVIEW 98-007 (APPLICANT: MICHAEL J. DOBSON, EZ LUBE) It was moved by Potts, seconded by Thomas, to continue the public hearing to the April 19, 1999 Council meeting. 610-40 CONSENT CALENDAR ( ITEMS 2 THROUGH 12 ) Item No. 10 was removed from the Consent Calendar by Mayor Saltarelli. It was movedby Thomas, seconded by Pow, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. row 2. APPROVAL OF MINUTES— MARCH 1, 1999 REGULAR MEETING Recommendation: Approve the City Council Minutes of March 1, 1999, 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,780,026.38 and ratify Payroll in the amount of $377,673.94. 380-10 360-82 4. AMENDMENT TO CONSULTANT SERVICES AGREEMENT FOR AN UPGRADE TO THE COMMUNITY DEVELOPMENT DEPARTMENT'S INFORMATION MANAGEMENT SYSTEM Recommendation: Authorize the Mayor and City (Jerk to execute an amended Consultant Services Agreement with Open Data Systems, subject to City Attorney's approval, for a comprehensive upgrade to the Community Development Department's Information CITY COUNCIL MINUTES Page 2, 3-15-99 management system in the amount of $49,990.00 as recommended by the Community Development Department. 400-10 S. TUSTIN POLICE SUPPORT SERVICES ASSOCIATION MEMORANDUM OF UNDERSTANDING Recommendation: Authorize the City Manager to execute the Memorandum of Understanding two-year agreement ending December 31, 2000, between the City and the Tustin Police Support Services Association representing non-sworn/non-management Police employees as recommended by Personnel Services. 540-40 6. BUILDING DAMAGE SAFETY ASSESSMENT MUTUAL AID AGREEMENT Recommendation: Authorize the Mayor and City Clerk to execute the Building Damage Safety Assessment Mutual Aid Agreement with the County of Orange and other participating cities as recommended by the Community Development Department. 400-70 7. RESOLUTION NO. 99-23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ORDERING THE PREPARATION OF AN ENGINEERS REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 1999-2000 Recommendation: Adopt Resolution No. 99-23 which orders the preparation of the Engineer's Report for the Tustin Landscape and Lighting District Levy of Annual Assessments for fiscal year 1999-2000 as recommended by the Public Works Department/Engineering Division. 340-60 8. RELEASE OF BONDS FOR TRACT NO. 13627 (EAST TUSTIN-MASTER TRACT NORTH OF IRVINE BOULEVARD) Recommendation: Release the following bonds for the indicated amounts: Faithful Performance Bond No. 15-29-68, $372,500.00; Labor and Materials Bond No. 15-29-68, $372,500.00; and Monumentation Bond No. 15-29-67, $8,000.00 as recommended by the Public Works Department/Engineering Division. 600-70 9. RESOLUTION NO. 99-25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 98-2 Recommendation: Adopt Resolution No. 99-25 approving Lot Line Adjustment No. 98-2 (Kaufman and Broad Coastal, Inc. Tract No. 15568, Sedona) as recommended by the Public Works Department/Engineering Division. 600-35 11. RESOLUTION NO. 99-4 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION PLAN TO ADD A PRINCIPAL PLANNER POSITION AND TO APPROVE NEW CLASS SPECIFICATIONS FOR THE POSITION Recommendation: Adopt Resolution No. 99-4 to amend the Classification Pian to create the Principal Planner classification and approve the new class specifications as recommended by the Community Development Department. 510-25 12. REQUEST FOR LEAVE OF ABSENCE — ARTHUR LARRY DAVIS AND ROMAN LOPEZ Recommendation by Personnel Services: Authorize a leave of absence to Maintenance Leadworker, A. Larry Davis, until December 1, 1999, and to Custodian, Roman Lopez, until September 1, 1999, for medical reasons due to non -industrial disability until each is fully released by his doctor to return to work. If there is an opening available In the position of Maintenance Leadworker for Mr. Davis when he is able to return to work, he may be appointed to fill the opening. If no opening exists when Mr. Davis is released to return to work by his doctor, he will be placed on a re-employment list for one year and be eligible for reinstatement when an opening occurs. Currently, Mr. Lopez's position is being filled on a temporary basis. 520-65 CONSENT CALENDAR ITEM NO. 10 - PLANNING COMMISSION ACTION AGENDA — MARCH 8, 1999 It was moved by Sal arelli, seconded by Potts, to appeal Item No. 2, Conditional Use Permit 98- 029. Motion carried 5-0. It was moved by Saltarelli, seconded by Worley, to ratify the remainder of the Planning CITY COUNCIL MINUTES Page 3, 3-15-99 Commission Action Agenda of March 8, 1999. Motion carried S -n, REGULAR BUSINESS ( ITEMS 13 THROUGH 16 ) 120-50 13. PLANNING COMMISSION VACANCY Mayor Saltarel8 explained that due to the resignation of Paul Jones, one position on the Planning Commission was vacant, forwarded best wishes to Mr. Jones in his position at the Irvine ranch Water District, and requested Council input whether to make an appointment to the position, review applications from the last Planning Commission appointments, or advertise to the public. Council/staff discussion followed regarding that a year and a half remained on the subject term; and the position could be appointed for a specified time or for the balance of the term. Councilmember Potts nominated Jane Anderson to fill the position because she had received the second highest Council votes during the last Planning Commission vacancj appointments. Mayor Pro Tem Worley said that if the position was opened to the public it would be a time consuming process due to the noticing procedure and would leave the position vacant for an extended period; suggested Council appoint someone to the position; and nominated Tony Kawashima because of his Interest and participation In the community. Councilmember Thomas stated he supported appointing Mr. Kawashima to a 3 -month term until July 19, 1999, and then opening the position to the public in July to coincide with the two Planning Commission term expirations. Mayor Sanarelli said he supported an interim appointment to theCommission for 3 months and encouraged the candidates who had participated in the last Planning Commission recruitment to re -apply for the July term expirations. Council/staff discussion followed that the current vacancy, if appointed on an interim basis, would create three Planning Commission positions in July. Council concurred to fill the current Planning Commission vacancy through July 19, 1999. Coundl voted for the following candidates for one Planning Commission vacancy: Jane Anderson and Tony Kawashima. Council cast their votes as follows: Sanarelli: Kawashima Worley: Kawashima Doyle: Anderson Potts: Anderson Thomas: Kawashima Tony Kawashima was appointed to the Planning Commission until July 19, 1999. 120-50 14. ORDINANCE NO. 1212 — ZONE CHANGE 99-001 (APPLICANT: NIR, ELMER TIED3E, TUSTIN VILLAGE COMMUNITY ASSOCIATION) It was Mo+ied by Potts, Bonded byWodev to have second reading by title only of Ordinance No. 1212. W-grom r4m, f 615-20 Following second reading by title only of Ordinance No. 1212 by the City Clerk, It was moved by Thomas, secondW Z no;,Ie to adopt the following Ordinance No. 1212: CITY COUNCIL MINUTES Page 4, 3-15-99 ORDINANCE NO. 1212 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 99-001, CHANGING THE ZONING DISTRICT FROM UNCLASSIFIED (U) TO PLANNED DEVELOPMENT (PD) ON AN 8,923 SQUARE FOOT ABANDONED PARCEL OF CALTRANS RIGHT-OF-WAY ADJACENT TO PROPERTY LOCATED AT 15500 TUSTIN VILLAGE WAY Motion carried 5-0 (roll call vote). 15. CENSUS 2000 UPDATE It was moved by Doyle, seconded by Thomas, to receive and file subject report. Mayor Pro Tem Worley noted that according to Census Bureau staff, more than 6,000 Tustin addresses were missing from the Bureau's address list; she was pleased an accurate census count would be conducted; and alerted residents that the census count would be occurring during March and April Council/staff discussion followed regarding sampling would not be Included In the census. Motion carried 5-0. 390-85 16. STIPULATION REGARDING PROVISION OF CABLE ON-LINE INFORMATION SERVICES BY MEDIA ONE It was moved by Potts, seconded by Thomas, to approve execution of subject Stipulation with such modifications as approved by the City Attorney. Motion carried 5-0. 400-10 PUBLIC INPUT — None OTHER BUSINESS PAY INCREASE — STATE LEGISLATORS Councilmember Doyle expressed disapproval with state legislators receiving a significant pay increase and other benefits resulting in the highest paid state legislators in the nation and requested residents contact their representatives and voice objection. MAN AND WOMAN OF THE YEAR DINNER Councilmember Doyle chastised the Tustin Chamber of Commerce for holding the Man and Woman of the Year installation dinner at a restaurant in the city of Orange. PROPOSED BALLOT MEASURE Councllmember Doyle reported on the EI Toro Reuse Planning Authority's proposed ballot measure which would require a 2/3 voter approval for future jail sites, landfills, and civilian airports. HAPPY BIRTHDAY Councilmember Doyle wished "Thorny" a happy birthday. NEWSPAPER ARTICLE — LOCAL GOVERNMENTS Mayor Pro Tem Worley commented on a Los Angeles Times newspaper article regarding momentum by activists to restore power to local governments eliminated with the passage of Proposition 13. HERITAGE PARK Mayor Pro Tem Woriey noted a letter received from a family residing adjacent to Heritage Park who complained of park usage by outsiders; noted that heavy use of parks was CITY COUNCIL MINUTES Page 5, 3-15-99 welcomed by Council; and those purchasing homes adjacent to parks should expect usage by everyone in the City. TUSTIN MEADOWS Counciimember Potts reported he had discussions with residents of Tustin Meadows, Peppertree, and Laureiwood developments regarding increasing wall height to mitigate train noise, northbound Newport Avenue congestion, two poles on the Pankey property, and cable rock camouflage, and requested staff follow-up. ARBOR DAY Mayor Sanarelli reported on his attendance at a successful Arbor Day event and commended staff and Tustin High School students for their cooperative effort to plant trees along Tustin Ranch Road as part of the celebration. COMMENDATION — STAFF Councilmember Potts reported that Onnalee Elliott had complimented the City on the tree trimming service. Counciimember Doyle commended staff for the rapid growth and appearance of newly planted trees on "A" Street. TONY KAWASHIMA — PLANNING COMMISSIONER Mayor Pro Tem Worley introduced and congratulated newly appointed Planning Commissioner, Tony Kawashima. �-- Commissioner Kawashima thanked Council for tie honor and expressed eagerness to serve the community. MARGARETE THOMPSON Mayor Pro Tem Woriey reported that Margarete Thompson expressed appreciation for the get well wishes she received during her recent illness. COMMITTEE REPORTS — None CLOSED SESSION Mayor Saltarelli announced that the City Council would convene In closed session pursuant to Government Code Section 54957.6 to confer with Nick Nichols, the City's labor negotiator, regarding labor negotiations with the Tustin Police Officers Association and Tustin Police Officers Association Management Unit; and pursuant to Government Code Section 54957 to confer regarding Public Employee Evaluation: City Manager, ADJOURNMENT Mayor Saltarelli adjourned the meeting at 7:38 p.m. The next regular meeting of the City Council was scheduled for Monday, April 5, 1999, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. -r. THOMAS % S ARELLI, MAYOR MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA APRIL 5, 1999 CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Saltarelli at 7:04 p.m. at the Council Chamber, 300 Centennial Way, Tustin, California. The Pled of Allegiance egiance was led by Cub Scout Pack 217, Den 1. The Invocation was given by Mayor Saltarelli. ROLL CALL Council Present: Thomas R. Saltarelli, Mayor Tracy Wills Worley, Mayor Pro Tem Mike Doyle Jim Potts Council Absent: Jeffery M. Thomas City Clerk: Pamela Stoker Others Present: William A. Huston, City Manager Lois Jeffrey, City Attorney Christine Shingleton, Assistant City Manager George Jeffries, City Treasurer Elizabeth Binsack, Director of Community Development Fred Wakefield, Police Captain Ronald A. Nault, Finance Director Tim Serlet, Director of Public Works Pat Sanchez, Director of Parks and Recreation Services Dana Kasdan, Engineering Services Manager Rita Westfield, Assistant Director/Com. Development Valerie Crabili, Chief Deputy City Clerk Doug Anderson, Senior Project Manager Chu Thai, Senior Management Analyst Lori Ludi, Associate Planner Jim Draughon, Senior Project Manager Approximately 25 in the audience PROCLAMATION JAMES TAYLOR, STUDENT CORRESPONDENCE TO WHITE HOUSE Mayor Sanarelli read and presented a proclamation to James Taylor who wrote a letter to the White House concerning world peace. Mayor Pro Tem Worley stated that her son attended Tustin Memorial with James Taylor; remarked on how proud her son was of James; and congratulated James for his Interest In maintaining world peace. PRESENTATION .-. SANTA COP CONTRIBUTOR PLAQUES: TEMPLE-INLAND MORTGAGE CO., DAVID SCHWEICKERT AND MICHAEL DONER Councilmember Doyle stated that honorees David Schweickert and Michael Doner could not be in attendance this evening; explained that Mr. Schweickert and Mr. Doner had each contributed $1,000 to the Santa Cop program and their company, Temple-Inland Mortgage, pledged 3 to 1 matching funding and had forwarded a check for $6,000 to the Santa Cop program; thanked Mr. Schweickert, Mr. Doner, and Temple-Inland Mortgage, Company for their donations; and announced Casino Night for the Santa Cop program would be held April 24, 1999, at the Revere House. CITY COUNCIL MINUTES Page 2, 45-99 PUBLIC INPUT TUSTIN MEADOWS Al Potenza, 1742 Green Meadow Avenue, Tustin, complained about the number of stolen vehicles in Tustin Meadows; believed that a reactive Police Department, numerous garage sales, and trash scavengers contributed to the crimes; and requested a public awareness campaign and posting of signs prohibiting trash scavenging. Councilmember Potts responded that stolen vehicles were a problem due to the abundant number of vehicles in the area; prospective gang members stole vehicles as a gang initiation; some stolen vehicles were shipped out of the country; utilizing code enforcement to monitor the number of garage sales in Tustin Meadows; commented on the City of Irvine's trash scavenger abatement program; and suggested residents telephone the Police Department if trash scavengers were seen in the neighborhood. Council discussion followed regarding that garage sales created safety issues because of the increased traffic in neighborhoods; limiting the number of garage sales per year; directing code enforcement at trash scavengers; statistics revealed crime was down in Tustin; and installing gates at the entrances of Tustin Meadows. SYCAMORE GLEN HOMEOWNERS ASSOCIATION Steve Gould, 2189 Avocado Drive, Tustin, representing Sycamore Glen Homeowners Association, reported on a lawsuit filed by the homeowners against the developer to correct major code compliance building defects; believed that City inspectors failed to conduct proper inspections during construction of homes; and requested that the City reimburse the homeowners association for the $8,700 cost of reconstruction permit fees. William Huston, City Manager, stated that staff would investigate the project background and submit a report to Council. — TAXICAB SERVICE Ray Mills, commended Council for participation in the Orange County Taxi Administration Program (OCTAP); submitted a brochure regarding the safe and economical use of taxicabs; and requested his company, California Yellow Cab, be granted exclusive taxicab operation in Tustin. Council/speaker discussion followed regarding the formation of OCTAP; the City could not restrict cab service to one provider; and the City of Anaheim restricted taxicab service to two companies. PUBLIC HEARING ( ITEMS 1 THROUGH 2 ) 1. APPEAL OF CONDITIONAL USE PERMIT 98-029 (APPLICANT: LARRY SMITH, RED HILL RESTAURANT, INC.) Elizabeth Binsack, Director of Community Development, reported that the proposed conditional use permit (CUP) would establish a restaurant, located at 14131 Red Hill Avenue, with on-site alcohol beverage sale and consumption, and live entertainment; the Planning Commission approved the CUP on March 8, 1999, and Council appealed the item at their March 15, 1999 meeting; the proposed project was approximately 5,000 square feet; described the different dining/bar areas in the restaurant; and hours of operation. Council/staff discussion followed that Council had final action on this matter; the applicant was willing to meet all the conditions imposed by the Planning Commission; live entertainment required a CUP and administrative approval; and the item had been appealed due to residents' concern regarding the project and the amount of time the Planning Commission had spent reviewing it. Mayor Saltarelli opened the Public Hearing at 7:40 p.m. CITY COUNCIL MINUTES Page 3, 45-99 The following member of the audience spoke in favor of Conditional Use Permit 98-029: Michael Cho, Red Hill Restaurant, Inc. representative Mayor Saltarelli stated he had visited the project site and it was configured primarily as a restaurant; noted the similarities of the restaurant layout to a previous restaurant located at the site; and supported the condition of a 6 -month review on the billiard tables and video machines. Council/speaker discussion followed regarding removing the billiard tables and video games from the restaurant; oyster bar; and the owner did not intend to convert the restaurant into a sports bar. There were no other speakers on the subject and the Public Hearing was closed at 7:47 p.m. Coundlmember Potts stated his concern regarding the limited restaurant parking, the potential for the restaurant to be used primarily as a bar and Its close proximity to a residential area; and questioned the restaurant theme. Mayor Saltarelli stated he was satisfied that the project would be utilized as a restaurant, was pleased with the configuration and atmosphere of the project; a restaurant would be a good addition to the center; and the 6 -month review period would ensure that the site would not be utilized as a bar only. Michael Cho stated that the owner would be receptive to eliminating the pool tables, but wished to retain the video games. Council/speaker/staff discussion followed that the restaurant theme was New Orleans Cajun food; removal of the billiard tables; hours of operation; opening the restaurant as approved by the Planning Commission with a 6 -month review stipulation; the Planning Commission would review the alcoholic beverage sales establishment guidelines which addressed bar seating, coin operated videos and pool tables; and the temporary use permit could be revoked in 6 months if the alcoholic beverage sales establishment guidelines were not modified by the Planning Commission. It was Moved rley, seconded by Qmde, to uphold the Planning Commission approval of Conditional Use Permit 98-029. Council/staff discussion followed regarding a resolution of approval would be agendized at the April 19, 1999 Council meeting; and staff would forward a letter to Alcoholic Beverage Control that Council had approved the project. Motion carried 4-0Thomas absent. 610-40 2. ADOPTION OF RESOLUTION ADOPTING A PROCEDURE FOR THE FORMATION AND ELECTION OF A PROJECT AREA COMMITTEE James Draughon, Senior Project Manager, reported the proposed Project Area Committee (PCA) procedure identified requirements for filing an election, publicizing an election, holding an election, review of disputed election results, filling vacancy seats and other matters related to the electoral process; adopting the procedure was the first step in the process for amending the South Central Redevelopment Plan to re-establish the Redevelopment Agency eminent domain authority for a 12 year period; eminent domain authority and PACs term had recently expired; PAC must be comprised of citizens residing or conducting a business in the project area; PAC served 3 -year terms; PAC responsibilities Included consulting and advising the Redevelopment Agency on policy matters, housing, and replacement housing needs in the project area; and if PAC opposed adoption of the proposed plan amendment, Council must adopt the plan by a 4/5 vote. Mayor Saltarelli opened the Public Hearing at 8:00 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Potts.econded by ^ ori , to adopt the following Resolution No. 99-27: QTY COUNCIL MINUTES Page 4, 4-5-99 RESOLUTION NO. 99-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING A PROCEDURE FOR FORMATION AND ELECTION OF THE PROJECT AREA COMMITTEE IN CONNECTION WITH THE 1999 AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE SOUTH CENTRAL REDEVELOPMENT PROJECT Motion carried 4-0, Thomas absent. 630-80 CONSENT CALENDAR ( ITEMS 3 THROUGH 13 ) It was moved by Worley, seconded by Potts, to approve the Consent Calendar as recommended by staff. Motion carried 4-0,. Thomas absent. 3. APPROVAL OF MINUTES — MARCH 15, 1999 REGULAR MEETING Recommendation: Approve the City Council Minutes of March 15, 1999. 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $5,647,637.85 and ratify Payroll in the amount of $371,698.61. 380-10 360-82 S. PLANNING COMMISSION ACTION AGENDA — MARCH 22, 1999 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Recommendation: Ratify the Planning Commission Action Agenda of March 22, 1999. 120-50 6. EXTENSION OF SAFE RIDES PROGRAM CONTRACT Recommendation: Grant an extension of the Facilities Use Agreement to June 28, 1999, for the Safe Rides Program as recommended by the Police Department. 400-10 7. CODE COMPLIANCE EVALUATION OF THE RED HILL NEIGHBORHOOD SHOPPING CENTERS Recommendation: Receive and file subject report as recommended by the Community Development Department. 440-20 8. RESOLUTION NO. 99-20 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE WELL SITE FACILITIES UPGRADES (CITY PROJECT NO. 600077), AND AUTHORIZING ADVERTISEMENT FOR BIDS Recommendation: Adopt Resolution No. 99-20 approving plans and specifications and authorizing advertisement for bids for subject project as recommended by the Public Works Department/Water Services Division. 400-45 9. AMENDMENT NO.2 TO EMPLOYMENT AGREEMENT Recommendation: Approve Amendment No. 2 to Employment Agreement, City Manager, to provide for salary compensation. 400-10 10. RESOLUTION NO. 99-24 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS Recommendation: Adopt Resolution No. 99-24 authorizing destruction of recruitment files that are over two years old and no longer legally required to be maintained as recommended by Personnel Services. 170-40 11. DENIAL OF CLAIM NO. 99-7, CLAIMANT: MARY ANN LYNCH Recommendation: Deny subject claim and direct the City Clerk to send notice to the claimant and the claimant's attorney as recommended by the City Attorney. 180-10 12. RECLASSIFICATION OF OFFICE COORDINATOR POSITION Recommendation: Authorize the reclassification of the Office Coordinator in the Police Department to Executive Secretary to more correctly align it to the current job responsibilities as recommended by the Police Department. 510-40 13. CITY OF TUSTIN RESPONSE TO COUNTY OF ORANGE'S SUPPLEMENTAL ANALYSIS FOR ENVIRONMENTAL IMPACT REPORT NO. 563 PERTAINING TO THE MCAS EL TORO MASTER DEVELOPMENT PLAN CITY COUNCIL MINUTES Page 5, 45-99 Recommendation: Authorize staff to forward the draft response to the County's Notice of Availability of the Supplemental Information prepared in support of Environmental Impact Report (EIR) No. 563 for the Marine Corps Air Station (MCAS) EI Toro "38 Million Annual Passenger (MAP)" Master Plan Development as recommended by the Redevelopment Agency staff. 150-40 REGULAR BUSINESS ( ITEMS 14 THROUGH 16 ) 14. YEAR 2000 PLAN STATUS REPORT Ron Nault, Finance Director, summarized the Year 2000 Plan including formation of a Y2K team comprised of staff from each department, Southern California Edison was projected to be 100% compliant by June 1999, which would alleviate the majority of anticipated Problems residents might experience in 2000; City water service could be operated manually and emergency generators were available; 911 emergency system was compliant; traffic signals were currently being tested at each intersection and would be modified, if necessary; City Hall computer systems were compliant; testing would take place prior to July 1, 1999, on police/fire emergency response, water operations, and the City's Emergency Operations Center, monthly status reports would be submitted to Council beginning in July 1999; most ATMs were compliant, and Y2K legislation. Council/staff discussion followed regarding the Emergency Operations Center would be activated on New Year's eve; community publicity programs; and communicating with the City of Irvine to share Y2K plans. It was moved by Dovle Bonded by W -dey to receive and file subject report. Motion carried 4-0, Thomas absent. 15. GRAD NIGHT FUNDING REQUEST 190-30 Mayor Saltarelli and Councilmember Potts announced they would recuse themselves from discussion and vote on this item because their children were high school seniors attending the schools requesting grad night funding. Lois Jeffrey, City Attorney, stated it was necessary to have a quorum and requested Mayor Saltarelli and Councilmember Potts flip a coin to determine a quorum if a Council vote resulted In a tie. A coin was tossed, Councilmember Potts was selected as the quorum, and Mayor Saltarelli left the dais. Patrick Sanchez, Director of Parks and Recreation, reported that Foothill and Tustin High Schools were each requesting $2,500 donation from the City to support grad night on June 17, 1999. It was Moved by Doyl., seconded y VZlev to donate $2,500 to Foothill High School and $2,500 to Tustin High School for Grad Night. Motion carried 2-0 Saltarelll, Potts abstained, Thomas absent. 330-20 Council/Foothill and Tustin High School representatives discussion followed regarding the grad night themes. Foothill and Tustin High School representatives thanked Council for the donation. Mayor Saltarelli returned to the dais. 16. ORANGE COUNTY FIRE AUTHORITY (OCFA) EQUITY STUDY William Huston, City Manager, reported that the Joint Powers Agreement stipulated that for the first 3 years of the OCFA, no cost increase would be imposed on members; the 3 years had expired; the Equity Study provided alternative costing methods for fire services; cities in the Structural Fire Fund had dedicated rates set by Proposition 13; and cash contract CITY COUNCIL MINUTES Page 6, 45-99 cities were not governed by Proposition 13 and contract prices were variable. The Fire Authority Board would be examining fire service cost options in June 1999, including remaining status quo with a 2% equity adjustment increasing the City's cost of fire services approximately $1 million; uniformed cost -to -serve methodology was based on population, assessed value, and calls for service which would raise Tustin's cost approximately $864,000 a year; and underfunded cities would be required to pay 100% of fire service costs of future development. Mayor Pro Tem Worley recommended that Council defer action until the Fire Authority _ Board reviewed costing alternatives in June. Councilmember Doyle requested staff present Council with cost options in preparation of the Fire Authority Board decision In June. William Huston stated that whatever option the Fire Authority Board incorporated, the City would encounter a cost Increase; and upon the Fre Authority Board decision In June, staff would present long term fire service options to Council. Council/staff discussion followed regarding that over 90% of the City's properly tax revenue paid for fire services; the proposed equity increase was not affordable; the Equity Study was technically sound; and some Structural Fire Fund cities would be required to pay more for fire service. Mayor Saltarelii stated he was supportive of the Fre Authority and hoped It remained successful; in the past the City paid 100% property tax revenue for fire services; general fund monies would not be used for fire services; several years ago one of Tustin's fire stations had been moved out of the City because of City of Irvine complaints that Tustin was not paying its fair share of fire service costs; and investigating other fire service options. It was moved by Doyle, seconded by Woriev, to receive and file subject report. Motion carried 4-0, Thomas absent. 400-70 PUBLIC INPUT — None OTHER BUSINESS CHAMBER OF COMMERCE EXECUTIVE DIRECTOR Councilmember Doyle introduced Eddie Burch, the new Chamber of Commerce Executive Director; and commended the Chamber of Commerce's newsletter. CITIZEN COMPLAINTS — STREET SWEEPING Mayor Pro Tem Worley reported she had received complaints regarding street sweepers unable to properly clean due to parked cars and questioned the process for issuing citations. William Huston, City Manager, responded that a neighborhood petition would be required. OLD TOWN ASSOCIATION Mayor Pro Tem Worley reported that the Old Town Association needed financial support and encouraged Council and staff to continue working with and supporting this worthwhile organization. MAYOR PRO TEM WORLEY Councilmember Doyle reported that Mayor Pro Tem Worley would have minor throat surgery on April 6, 1999, and wished her positive thoughts. MCFADDEN AVENUE CITY COUNCIL MINUTES Page 7, 45-99 Councilmember Potts stated he was Impressed with the completed fencing along McFadden Avenue and, with future landscaping, the area would be greatly improved. MAYOR SELECTION — APRIL 19, 1999 Mayor Saltarelll reminded everyone that the selection of the Mayor would take place on April 19, 1999, and the public was invited to attend the -Mayor's reception immediately following the meeting. COMMENDATION — COUNCILMEMBER POTTS Mayor Saltarelli commended Councilmember Potts for helping to save the life of an Individual trapped in a burning vehicle. COMMITTEE REPORTS SENATE BILL 1277 Councilmember Potts reported that the Transportation Corridor Agency would be requesting Council adopt a resolution opposing Senator Hayden's bill regarding development in state parks. CLOSED SESSION - None ADJOURNMENT Mayor Saltarelii adjourned the meeting at 8:48 p.m. The next regular meeting of the City Council was scheduled for Monday, April 19, 1999, at 7:00 p.m. In the Council Chamber at 300 Centennial Way. The Mayor's Reception would be held In the Community Center immediately following the meeting. t' THOMAS R. SALT�1� LLI, MAYOR PAMELA STOKER, C LERK MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA APRIL 19, 1999 CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Saltarelli at 7:12 p.m. at the Council Chamber, 300 Centennial Way, Tustin, Califomla. The Pledge of Allegiance was led by Councilmember Thomas. The Invocation was given by Dr. Lloyd Strelow, Peace Lutheran Church. ROLL CALL Council Present: Thomas R. Sanarelli, Mayor Tracy Wills Worley, Mayor Pro Tem Mike Doyle Jeffery M. Thomas Council Absent: Jim Potts City Clerk: Pamela Stoker Others Present: William A. Huston, City Manager Lois Jeffrey, City Attorney Elizabeth Binsack, Director of Community Development Steve Foster, Chief of Police Ronald A. Nault, Finance Director Tim Serlet, Director of Public Works Pat Sanchez, Director of Parks and Recreation Services Dana Kasdan, Engineering Services Manager Rita Westfield, Assistant Director/Com. Development Valerie Crabill, Chief Deputy City Clerk Mike Shanahan, Police Lieutenant Doug Anderson, Senior Project Manager Gary Veeh, Water Service Manager Sam Altowaiji, Field Services Manager Bettie Correa, Senior Personnel Analyst Approximately, 110 In the audience PROCLAMATION FIRE SERVICE RECOGNITION DAY Mayor Saltarelli read and presented a proclamation declaring May 8, 1999, as Fire Service Recognition Day. Battalion Chief Cleveland, Orange County Fre Authority, accepted the proclamation and stated he looked forward to working with the City in the future. PRESENTATION CHILD ABUSE SERVICES TEAM (CAST) Jan Grotewold, Child Abuse Services Team, presented Council with a book of poetry about child sexual abuse written by CAST volunteer and poet, Marianne Gillispie; Ms. Gillispie had donated her poetry to CAST to illustrate the need for awareness of the trauma associated with child sexual abuse; Tustin Police Department had been involved with CAST for the past nine years; Police staff had been instrumental in determining how the program would function; commended the Police Department for their efforts in attempting to reduce trauma for alleged child victims of sexual abuse by bringing the children to the CAST center; and she also commended the Police Department's commitment to Tustin's youth. Mike Shanahan, Police Lieutenant, remarked on the past practice of interviewing child Victims and how traumatic it had been for the children; described CAST representation and responsibilities; the difficult task of investigating child abuse; and commended CAST for their efforts. Jan Grotewoid introduced CAST members and Ms. Gillispie read a poem entitled "Speak Up for a Child." CITY COUNCIL MINUTES Page 2, 419-99 Mayor Saltarelii thanked CAST for their service to the community and stressed the importance of the welfare of today's youth. PUBLIC INPUT -None PUBLIC HEARING ( ITEM 1) 1. APPEAL OF CONDITIONAL USE PERMIT 98-007 AND DESIGN REVIEW 98-007 _ (APPLICANT: EZ LUBE) It was moved by Doyle, seconded by Worley,. to continue the public hearing to the May 3, 1999 City Council meeting. Motion carried 4-0,. Potts absent. CONSENT CALENDAR ( ITEMS 2 THROUGH 12 ) 610-40 It was moved by Doyle, seconded by Thomas to approve the Consent Calendar as recommended by staff. Motion carried 4-0, Potts absent. 2. PLANNING COMMISSION ACTION AGENDA - APRIL 12, 1999 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Recommendation: Ratify the Planning Commission Action Agenda of April 12, 1999. 120-50 3. APPROVAL OF MINUTES - APRIL 5, 1999 REGULAR MEETING Recommendation: Approve the City Council Minutes of April 5, 1999. S. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $787,582.91 and ratify Payroll in the amount of $389,620.83. 380-10 360-82 RESOLUTION NO. 99-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 98-029 AUTHORIZING ON- SITE SALE AND CONSUMPTION OF BEER, WINE AND DISTILLED SPIRITS (LICENSE TYPE 47) AND LIVE ENTERTAINMENT IN CONJUNCTION WITH A NEW RESTAURANT LOCATED AT 14131 RED HILL AVENUE (APPLICANT: RED HILL RESTAURANT, INC.) Recommendation: Adopt Resolution No. 99-29 approving Conditional Use Permit 98-029 as recommended by the Community Development Department. 610-40 6. PROFESSIONAL SERVICES AGREEMENT FOR SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM Recommendation: Authorize the Mayor and City Clerk, subject to final City Attorney approval, to execute the Professional Services Agreement with Shasta Electric, LP for services to provide integration and installation of a SCADA system for the City's water system as recommended by the Public Works Department/Water Division. - . 400-45:, 7. DISPOSITION OF SURPLUS CITY VEHICLE Recommendation: Authorize the sale of a used marked police vehicle to Irvine Unified School District for $3,500 as recommended by the Police Department. 380-60 8. QUARTERLY INVESTMENT REPORT In compliance with Government Code Section 53646, the Investment Report for the quarter ending March 31, 1999, is submitted for City Council review. Recommendation: Receive and file subject report as recommended by the City Treasurer. 355-50 9. DENIAL OF CLAIM NO. 98-38, CLAIMANT: LOUISE HALL Recommendation: Deny subject claim and direct the City Clerk to send notice to the claimant and the claimant's attorney as recommended by the City Attorney. 180-10 10. AWARD OF BID FOR EIGHT POLICE PATROL UNITS Recommendation: (1) Award bid for eight 1999 Ford Crown Victoria vehicles for marked police patrol to Wondries Chevrolet of Alhambra, California, in the amount of $183,168.00 Crry COUNCIL MINUTES Page 3, 4-19-99 Plus tax; (2) Award bid for conversion of the eight marked police units to Pursuit Technologies of Buena Park, California, in the amount of $33,494.00 plus tax; and (3) Authorize the Police Department to acquire two Mobile Audio Video Systems from Kustom Signals, Inc., Lenexa, Kansas, in the amount of $5,210.00 as recommended by the Police Department. 380-40 11. RESOLUTION NO. 99-30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL TRACT MAP 15707 LOCATED AT THE ... SOUTHWEST CORNER OF EL CAMINO AND SIXTH STREET (715-765 EL CAMINO REAL AND 120-250 SD7H STREET) TO SUBDIVIDE PARCEL 1 OF FINAL PARCEL MAP 98-161 INTO THIRTY EIGHT (38) NUMBERED LOTS AND TEN (10) LETTERED LOTS TO ACCOMMODATE DEVELOPMENT OF THIRTY EIGHT (38) SINGLE FAMILY RESIDENTIAL DETACHED UNITS (APPLICANT: WARMINGTON OLD TOWN ASSOCIATES) Recommendation: Adopt Resolution No. 99-30 approving Final Tract Map 15707 as recommended by the Community Development Department. 600-70 12. AGREEMENT WITH ORANGE COUNTY FEEDBACK FOUNDATION FOR A SENIOR TRANSPORTATION SERVICES VEHICLE Recommendation: Approve the Agreement with Feedback Foundation that will provide a vehicle for the existing senior transportation program as recommended by the Parks and Recreation Department. REGULAR BUSINESS ( ITEM 13 ) 400-10 13. SELECTION OF MAYOR AND MAYOR PRO TEM Mayor Sanarelli introduced former Mayors Ursula Kennedy, Anthony Coco, Ronald Hoesterey, and Donald Sanarelli; former Woman of the Year Margarete Thompson; and the former commander of Marine Corps Air Station, Tustin, William Hammerle. Mayor Saltarelli stated that his term as Mayor had been a wonderful experience; noted the commitment required for the Mayoral position; commended staff; remarked on the contributions made to the City by the community, volunteers, and past Councils; commended Council on working together; commented on the attributes each Councilmember had brought to Council; the importance of building a new library facility and the necessity for the community to support the library; thanked the community for supporting him as Mayor, and pledged continued effort on behalf of the residents. It was roved by Thomas, Sarnnriari by Dom, to nominate Mayor Pro Tem Worley as Mayor. Motion carried 4-0, Potts absent. Mayor Worley presented Councilmember Saltarelli with his second Mayoral gavel. Councilmember Doyle commended Councilmember Saltarelli's year as Mayor and how he had represented Tustin. Mayor Worley thanked Councilmember Saltarelli for serving as Mayor the past year; noted that the Saltarelli brothers had served the City well; wished Councilmember Saltarelli a happy birthday; and commended past Councils' work on the Tustin Ranch development. She summarized issues facing the City including Marine Corps Air Station, Tustin, closure and reuse; development of Tustin Legacy; redevelopment of Old Town; necessity of a new library; Y2K preparation; stated her commitment to the residents of Tustin; and looked forward to serving as Mayor. It was moved by--,'c&ItareIIL seconded by Qgyle, to nominate Councilmember Thomas as Mayor Pro Tem. Motion carried 4-0- Potts absent. 420-75 PUBLIC INPUT— None CITY COUNCIL MINUTES Page 4, 419-99 OTHER BUSINESS SANTA COP CASINO/VIVA LAS VEGAS NIGHT Councilmember Doyle reported the Santa Cop Casino Night would be held April 24, 1999, at the Revere House; and the Santa Ana Junior Assistance League would host a Viva Las Vegas Night at the Revere House on April 23, 1999. PRISONERS OF WAR _ Councilmember Doyle stated that he hoped the three American prisoners of war in Yugoslavia would return home safely. COMMENDATION — COUNCIL/STAFF Mayor Pro Tem Thomas commended former Mayor Saltarelli and Mayor Worley for their dedication; commented that Tustin was a well run city with an excellent staff; and he was proud to be a resident and member of Council. COMMITTEE REPORTS — None CLOSED SESSION - None ADJOURNMENT Mayor Worley adjourned the meeting at 7:50 p.m. The next regular meeting of the City Council was scheduled for Monday, May 3, 1999, at 7:00 p.m. In the Council Chamber at 300 Centennial Way. Vv� TRACY W L WORLEY, MAYOR ATTACHMENT C RESOLUTION NO. 99-29 RESOLUTION NO. 99-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ' TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 98-029 AUTHORIZING ON-SITE SALE AND CONSUMPTION OF BEER, WINE AND DISTILLED SPIRITS (LICENSE TYPE 47) AND 3 LIVE ENTERTAINMENT IN CONJUNCTION WITH A NEW RESTAURANT LOCATED AT 14131 RED HILL AVENUE Ill.The City Council finds and determines as follows: s A. That a proper application for Conditional Use Permit 98-029, was filed by 6 Larry Smith, requesting authorization to obtain a license for the on-site sale and consumption of beer, wine and distilled spirits (ABC License Type "47") and live entertainment in conjunction with a new existing restaurant located S at 14131 Red Hill Avenue, Tustin. 9 B. That a public hearing was duly called, noticed and held on said application on February 8, February 22, and March 8, 1999 by the Planning 10 Commission. 11 C. That on March 15, 1999, the City Council appealed the Planning Commission's decision and that public hearings were duly called, noticed 12 and held on said appeal on April. 5, and April 19, 1999 by the City Council. 13 D. That the proposed use is allowed within the C-1 (Retail Commercial) Zoning District with the approval of a Conditional Use Permit. 14 E. That the establishment, maintenance, and operation of the use applied for Is will not, under the circumstances of this case, be detrimental to the health, 16 safety; morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use nor be a detriment to the 17 property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced by the following 18 findings: 19 1. The proposed project, as conditioned, complies with adopted guidelines for alcoholic beverage sales establishments which have 20 been established and considered to mitigate potential impacts 21 associated with the sale of alcohol in conjunction with restaurants. 2. As conditioned, the sale of alcoholic beverages would be limited to z2 privileges for a type 47 license. Sales of alcoholic beverages for off- site consumption is prohibited except as authorized in the Business 23 and Professions Code Section 23396.5. 24 3. The sale of alcohol would only be authorized in conjunction with a 25 restaurant use. 26 4. Sales of beer, wine and distilled spirits will be permitted only when 27 food is available. Food provided will be prepared on the premises. 5. Granting of a temporary use permit to allow up to five coin operated 28 games, two pool/billiard tables and a total of 16 "bar seats" on the restaurant premises shall be for six months commencing on March z9 15, 1999. During this temporary period, the Planning Commission shall consider if it is appropriate to amend the Alcoholic Beverage Sales Establishment Guidelines to allow "bar seating", coin operated video games and pool/billiard tables. Granting of the temporary use 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 '15 26 27 2s 29 Resolution No. 99-29 Conditional Use Permit 98-029 April 19, 1999 Page 2 permit does not guarantee that "bar seating", coin operated video games and poollbilliard tables will be permitted for a period longer than as stated in Condition 2.10 of this resolution. The applicant has agreed to remove these amenities and improvements immediately at his sole expense if the Planning Commission does not amend the Alcoholic Beverage Sales Establishment Guidelines to permit these amenities and improvements. 6. The applicant has not requested approval to locate any sexually oriented business or use within the proposed restaurant. In addition, sexually oriented businesses are not permitted within the Retail Commercial (C-1) zoning district. Therefore, no sexually oriented businesses will be conducted on the premises. 7. All persons serving beer, wine and distilled spirits will be eighteen (18) years of age or older and supervised by someone twenty-one (21) years of age or older. The supervisor will be present in the same area as point of sale. 8. A parking summary will be submitted and approved by the Community Development Department if any increase in the 150 seats is proposed. F. That this project is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15301 (Class 1). G. That the project has been reviewed for consistency with the Air Quality Sub - element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub -element. II. The City Council hereby approves Conditional Use Permit No. 98-029 authorizing the on-site sale and consumption of beer, wine and distilled spirits (ABC License Type "47) and live entertainment in conjunction with a new restaurant located at 14131 Red Hill Avenue, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the 19th day of April, 1999. -_ T_CMLQI�� - PAMELA STOKE City Clerk THOMAS R. S ARELLI Mayor EXHIBIT A RESOLUTION NO. 99-29 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 98-029 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans date stamped March 8, 1999, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to the plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code. (1) 1.2 Conditional Use Permit approval shall become null and void unless an Alcoholic Beverage Control License Type "47" is obtained from ABC and the sale and consumption of beer and wine commences within twelve (12) months of the date of this exhibit. Time extensions may be granted by the Community Development Department if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 Approval of Conditional Use Permit 98-029 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.4 Conditional Use Permit 98-029 authorizes ABC License Type "47". The sale of alcoholic beverages for off-site consumption is prohibited, except partially consumed bottles of wine as authorized in the Business and Professional Code Section 23396.5. (1) 1.5 The applicant shall hold harmless and defend the City of. Tustin from all claims and liabilities arising.out of a challenge of the City's approval of this project. (1) 1.6 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval of the Community Development Department. (1) 1.7 Conditional Use Permit 98-029 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval If the use is not operated in accordance with Conditional Use Permit 98-029, or is found to be a nuisance or negative impacts are affecting the surrounding neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. --------------------------------------------------------------------------------- SOURCE CODES (1) STANDARD CONDITION (5) (2) CEQA MITIGATION (6) (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Exhibit A Resolution No. 99-29 Conditional Use Permit 98-029 April 19, 1999 Page 2 (5) 1.8 Audited financial statements and schedules separately identifying gross sales of food and gross sales of alcohol, must be submitted to the Community Development Director for annual review. The gross receipts of food sales must exceed the gross receipts of alcohol sales. If gross receipts of alcohol exceed food sales, the Community Development Director shall initiate proceedings to revoke the Conditional Use Permit. (1) 1.9 Any violation of any of the conditions imposed is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. (1) 1.10 The applicant shall be responsible for costs associated with any necessary code enforcement action. (1 } 1.11 The applicant shall post security in the amount of $2,500 for a period of nine months in the form acceptable to the City Attorney securing the removal of the bar stools, coin operated video games, and the pool/billiard tables temporarily approved herein for a period of no more than six months. The amount of said security is the estimated legal and administrative costs associated with the enforcement of the temporary approval, including the estimated costs of removing the temporarily approved bar stools, coin operated video games, and pool/billiard tables. If the City extends the time of the temporary approval, the applicant shall post new or extended security, which security shall expire no earlier than the 90"' day following the expiration of the approval extension, and the amounts thereof may then be adjusted to reflect any new estimated costs associated with the enforcement of said temporary approval. USE RESTRICTIONS (3) 2.1 No off-site sale or consumption of alcohol is authorized, except partially consumed bottles of wine as authorized in Business and Professions Code Section 23396.5. (5) 2.2 No outdoor seating shall be permitted unless a separate Conditional Use Permit is approved pursuant to the current provisions of the Tustin City Code. (2) 2.3 Hours of sales of alcoholic beverages shall be limited to the hours when food is available. Service of food menu 'items shall be during all business hours. (2) 2.4 Operating hours shall be consistent with other businesses within the commercial center. The closing hours shall be 11:00 p.m. Sunday through Thursday and 12:00- a.m. Friday and Saturday. No new patrons shall be admitted after the closing hours and patrons shall vacate the premises within thirty (30) minutes after closing time. (2) 2.5 The menu of the restaurant shall consist of foods that are prepared on the premises. Exhibit A Resolution No. 99-29 Conditional Use Permit 98-029 April 19, 1999 Page 3 (1) 2.6 All persons selling alcoholic beverages shall be eighteen (18) years of age or older and shall be supervised by someone twenty one (21) years of age or older. A supervisor shall be present in same area as point of sale. (5) 2.7 The maximum number of seats shall comply with the number of available off-street parking spaces within the entire center. A request for additional seats requires submittal of a current parking summary, which must be reviewed and approved by the Community Development Department prior to increasing the number of seats. (2) 2.8 Live entertainment and public dancing shall be located entirely within the interior of the restaurant during normal business hours. No sexually oriented business shall be conducted on the premises. (2) 2.9 Authorization for the on-site sales of beer, wine and distilled spirits (ABC License Type "47) is contingent upon the use of the subject premises remaining a restaurant. Should this use change or be discontinued, authorization for this use permit is null and void. (7) 2.10 A temporary use permit shall be granted for a period of six months, or until amendments to the Alcoholic Beverage Sales Establishment Guidelines, regarding "bar seating", coin operated video games and pool/billiard table regulations have been adopted, which ever time frame is shorter. The six month period shah commence from March 15, 1999. The temporary use permit shall allow 12 "bar seats" within the lounge area and 4 "bar seats" within the main level dining room, up to five coin operated video games and two pool/billiard tables (also referred to as amenities and improvements) on the premises. If the Guidelines are amended to allow any amenities or improvements, the Community Development Department may approve the amenities and improvements that are permitted by the Guidelines administratively. Approval far any amenities that are not allowed by the amended Guidelines shall become null and void and those amenities shall be removed within ten (10) days of the Planning Commission's determination at the owners sole expense. (5) 2.11 The applicant shall obtain a Public Dancing Permit and an Entertainment Permit from the Community Development Director prior to offering public dancing and live entertainment on the premises. (5) 2.12 Any bar located within the facility shall function as a food/beverage service bar. (7) 2.14 The entire facility, which includes all three (3) levels, shall operate exclusively as a restaurant. During business hours, at least 80% of the premises shall be designed and used for and must posses the necessary utensils, table service and condiment dispensers with which to serve meals to the public. (1) , 2.15 "No Loitering" signs shall be posted at the entrance of the business. Exhibit A Resolution No. 99-29 Conditional Use Permit 98-029 April 19, 1999 Page 4 (1) 2.16 All litter shall be removed from the exterior area around the premises including adjacent public sidewalk areas and parking areas no less frequently than once each day that the business is open. (1) 2.17 Public telephones inside and adjacent to the establishment shall be modified to prevent incoming calls. SITE PLAN, FLOOR PLANS & ELEVATIONS (4) 3.1 Exterior elevations of the building shall indicate any existing or proposed fixtures or equipment to be located on the roof of the building, equipment heights and type of screening. All roof mounted equipment, vents, exhausts or other roof penetrations shall be located a minimum of 6 inches below the top of parapets. (3) 3.2 Three (3) inch striping detail shall be shown for all parking spaces. Handicapped markings shall be provided on the designated accessible parking space. (5) 3.3 The project shall meet all applicable requirements set forth in the Tustin Security Code relating to commercial structures, including lighting and locking devices. The City's Security Ordinance requires that lighting at exterior doors, driveways, and parking areas shall provide a minimum of one (1) foot-candle of illumination. All exterior lighting shall be consistent with the center and arranged so as not to direct light or glare onto adjacent properties or streets. (1) 3.4 Plans for a trash enclosure shall be submitted to the Community Development Department for review and approval. The plans shall include information regarding the proposed self-closing and self -latching gate, size dimensions, setbacks, colors and materials. The trash enclosure shall be at least six (6) feet in height and comply with the Great Western Reclamation standards. The trash enclosure size shall have the ability to accommodate the City's recycling program. (1) 3.5 The existing landscape planters on the site shall be repaired, irrigated and planted. The planters and landscaping materials shall be continuously maintained in an appropriate manner. An automatic irrigation system shall be installed and the landscaping shall be watered on a regular basis. All weeds and dead landscaping shall be removed immediately, replaced, and maintained with healthy plants. (1) 3.6 The existing monument sign for the restaurant shall be repaired, painted, and/or replaced. A new sign shall comply with the City of Tustin Sign Code. Plans shall be submitted to the Community Development Department for review, approval, and permits. Exhibit A Resolution No. 99-29 Conditional Use Permit 98-029 April 19, 1999 Page 5 BUILDING DIVISION (3) 4.1 In compliance with the Uniform Building Code (Application for Permit) and prior to the issuance of a building permit, the applicant, designer, Architect or Engineer must submit building plans to the Building Division for review and approval (3) 4.2 In compliance with the California Code of Regulations, Title 24 Part 2, Accessibility Standards, and prior to the plan check approval, the designer, Architect or Engineer must provide designs for accessibility for the physically challenged to the Building Division for their review and approval prior to the issuance of a building permit. (3) 4.3 In compliance with the Department of Justice (Office of the Attorney General) this condition is for the accessibility for the proposed project, the designer, Architect or Engineers proposed project must comply with the Americans with Disabilities Act (ADA) (Federal Register). (3) 4.4 In compliance with the Tustin City Code, (Health Code) and prior to the issuance of a building permit, the designer, Architect or Engineer must submit plans to the Orange County Health Department for project approval; and must submit the approved plans to the City of Tustin Building Division for their review and approval prior to the issuance of a building permit. FIRE (3) 5.1 Prior to the issuance of any building permits, the applicant shall submit to the Fire Chief evidence of the on-site fire hydrant system and indicate whether it is public or private. If the system is private, the system shall be reviewed and approved by the Fire Chief prior to issuance of building permits. Provisions shall be made by the applicant for the repair and maintenance of the system, in a manner meeting the approval of the Fire Chief. (3) 5.2 Street Markings: A. Prior to the issuance of any grading permits, the applicant shall submit and obtain approval from the Fire Chief for street improvement plans with fire lanes shown. The plans shall indicate the locations of red curbing and signage. A drawing of the proposed signage with the height, stroke and color of lettering and the contrasting background color shall be submitted to and approved by the Fire Chief. Exhibit A Resolution No. 99-29 Conditional Use Permit 98-029 April 19, 1999 Page 6 B. Prior to the issuance of the certificate of use and occupancy the approved fire lane marking plan shall be installed. The plans shall contain a fire lane map and provisions which prohibit parking in the fire lanes. A method of enforcement shall be included. (3) 5.3 Prior to installation, plans for an approved fire -suppression system for the protection of commercial -type cooking equipment shall be submitted to the Fire Chief for review and approval. FEES (1) 6.2 Prior to the issuance of any building permits, payment shall be made of all applicable building and Orange County Fire Authority plan check and permit fees to the Community Development Department, based on the most current fee schedule. (5) 6.1 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $38.00 (thirty-eight dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above -noted check, the statute of. limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. s:ccreso/99-29LL. doc RESOLUTION CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF TUSTIN ) RESOLUTION NO. 99-29 Pamela Stoker, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council is five; that the above and foregoing resolution was passed and adopted at a regular meeting of the City Council held on the 19th day of April, 1999, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED COUNCILMEMBER ABSENT: Pamela Stoker, City Clerk Saltarelli, Worley, Doyle, Thomas None None Potts ATTACHMENT D ALCOHOLIC BEVERAGES SALES ESTABLISHMENT GUIDELINES CITY OF TUSTIN ALCOHOLIC BEVERAGE SALES ESTABLISHMENT GUIDELINES PURPOSE AND INTENT: The purpose of these guidelines is to set forth guidelines to be considered in conjunction with the conditional use permit process to promote and protect the public health, safety and general welfare, and preserve and enhance the quality of the City relating to establishments selling alcoholic beverages for on- and off-site consumption. To fulfill this purpose, it is the intent of these guidelines is to: 1. Establish reasonable guidelines to promote orderly development; 2. Identify operational guidelines to minimize the impacts on adjacent properties and neighborhoods; and, 3. Ensure implementation of certain regulations necessary to protect public safety. POLICY: The guidelines together with the Tustin City Code shall be considered by the Community Development Department and the Planning Commission in conjunction with applications for conditional use permits. The guidelines define on- and off-site alcoholic beverage sales establishments, identify desirable project characteristics, and set forth recommended findings and conditions of approval. The provisions contained herein shall be considered guidelines. The Zoning Administrator or Planning Commission may consider deviations when all the required findings can be made. Amendments to these guidelines shall be considered by the Planning Commission. Alcoholic Beverage Sales Establishment Guidelines Page 1 USING THE GUIDELINES I. ORGANIZATION The guidelines are organized into four sections: 1. Definitions: The definitions delineate on-site or off-site sales establishments and supplement uses described and regulated by the Tustin City Code and adopted Use Determinations. 2. Permit Process: The permit process identifies processing procedures for obtaining approval for on- and off-site alcoholic beverage sales establishments. 3. , Findings: Findings are provided to be considered for incorporation into project resolutions as adopted by the Zoning Administrator or Planning Commission. 4. Development Guidelines and Standard Conditions of Approval: The development guidelines are conditions of approval that are to be incorporated into project resolutions adopted by the Zoning Administrator or Planning Commission. The development guidelines/ conditions of approval provide minimum standards for operational characteristics of specific types of uses. II. DEFINITIONS The following definitions supplement uses described and regulated by the Tustin City Code and adopted Use Determinations and are to be used in determining whether a use is an on-site or off-site sales establishment. If there is a discrepancy with the following definitions, the Zoning Code shall prevail. Alcohol Beverage Sales Establishments: Alcohol beverage sales establishments are comprised of on-site and off-site establishments. Alcohol is either sold for consumption on the premises (on-site) or sold for consumption off the premises (off-site). The following definitions are grouped under on-site or off-site sales establishments and incorporate the regulations regarding sale of alcohol and types of uses defined by the Tustin City Code and adopted Use Determinations. �3 On -Site Sales Establishment: An on-site sales establishment provides for the sale of alcoholic beverages for consumption on the premises. On-site sales establishments, such as amusement resorts or clubs, are subject to the following minimum distance regulations measured from the closest exterior wall of the on-site establishment to the property line of any of the Alcoholic Beverage Sales Establishment Guidelines page 2 following sensitive uses. Restaurant establishments, as defined in these guidelines, are excluded from the distance regulations. 1. 1,000 feet from any residentially zoned or used property. 2. 1,000 feet from any other existing off-site sales establishment or on- site sales establishments except for a restaurant. 3. 1,000 feet from any church, place of worship, public or private school, park, playground, clinic, hospital, health care facility or convalescent home. Definitions of On -Site Sales Establishments: • Amusement Resorts: include arcades, theaters, auditoriums, social halls and indoor/outdoor recreation facilities, including billiard/pool halls and bowling alleys. Facilities that serve beer, wine or other alcoholic beverages and are not ancillary to a full- service restaurant on the premises, or that utilize more than 50 percent of the total gross floor area of the establishment, shall be subject to the distance requirements for on-site sales establishments. ✓ Arcade: An establishment that has more than five coin or token operated video, pinball, electronically interactive games, virtual reality games, or any other machines which provide games and/or show movies or videotapes for entertainment purposes. ✓ Billiar&Pool Hall: An establishment with signing or advertising of billards and/or accommodating three (3) or more billard, pool, or similar games of skill. ✓ Bowling Alley: An indoor facility providing lanes and services for the purpose of bowling. These facilities may include ancillary retail sales of bowling merchandise, food and beverages. ✓ Indoor/Outdoor Recreation Facilities: An establishment designating more than 50 percent of the total square footage including indoor and outdoor areas to amusement/ entertainment services, sports and types of recreation where a fee or admission is charged, including arcades containing coin or token operated amusements and/or electronic games; batting. cages, go-cart and miniature auto race tracks; Alcoholic Beverage Sales Establishment Guidelines Page 3 golf driving ranges separate from golf courses; miniature golf; swim and tennis clubs; bowling alleys; children's entertainment centers; pool and billiard rooms; skating and hockey rinks and parks, virtual reality establishments, etc. This does not include card rooms; or dance clubs, halls and ballrooms, which are included in the definition of "Bars". ✓ Theaters, Auditoriums, Social Halls: An indoor facility for public assembly and group entertainment including public and semi-public auditoriums, exhibition and social and convention halls, civic theaters, meeting halls, country clubs and facilities for "live" theatrical entertainment, musical concerts, motion pictures, video taped presentations, or slide photographs, and offers food and drink that is not ancillary to a full-service restaurant within the premises. These facilities are for use or rent by the general public. Clubs: An establishment with table and bar seating that serves beer, wine and other alcoholic beverages to patrons for on-site consumption, which is not an ancillary use to a full-service restaurant. If food service is offered, the gross receipts of alcohol sales exceed the gross receipts of food sales. ✓ Bar/Nightclub: A bar or nightclub establishment typically stays open late at night and can offer a combination of live performers, a piano bar, musical groups with acoustical instruments, amplified music, facilities for patron dancing, comedy or magic acts, and/or food and drink that is not ancillary to a full- service restaurant, and the gross annual sale of alcohol may exceed the gross annual sale of food. A bar or nightclub can also be referred to as a cocktail bar or alcoholic beverage drinking place. ✓ Membership Organizations: Permanent, headquarters, and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for: business associations; professional membership organizations; labor unions and similar organizations; civic, social and fraternal organizations; political Alcoholic Beverage Sales Establishment Guidelines Page 4 organizations and other membership organizations. May include meeting facilities, and food preparation and dining facilities available to members only. However, this does not include country clubs, which is defined under "Theaters, Auditoriums and Social Halls" above. ✓ Microbrewery. A tasting facility or bar ancillary to the production of beer and where the production of beer is not ancillary to a full-service restaurant within the facility. • Restaurant- A retail establishment that sells food and beverages prepared on the site, where customers are served for on-site consumption. At least 80 percent of the premises seating shall be designed and used for and must possess the necessary utensils, table service, and condiment dispensers with which to serve meals to the public. The gross annual sales of food shall exceed the sale of alcohol. A restaurant may have ancillary uses such as a lounge, microbrewery, billiard/pool tables, video games, public dancing, and live entertainment, ancillary to the restaurant use. In the area devoted to the ancillary use, the gross annual sales of food shall exceed the gross annual sales of alcohol. ✓ Lounge (Cocktail Lounge): A designated area with table and bar seating within a full service restaurant where alcoholic beverages are served for on-site consumption. The gross receipts of food sales must exceed the gross receipts of alcohol sales. The area of the lounge shall be less than 50 percent of the total dining area of the restaurant. ✓ Micro brewery: If the production of beer is ancillary to a full-service restaurant within the facility providing food and drink including the microbrew produced on-site, the microbrewery can be considered a restaurant. ❖ Off -Site Sales Establishment. The sale of alcoholic beverages for consumption off the premises. Off-site sales in an establishment less than 15,000 square feet and in establishments greater than 15,000 square feet where the alcohol beverage sales area occupies more than 10 percent of the gross floor area are subject to the following minimum distance regulations. Alcoholic Beverage Sales Establishment Guidelines Page 5 1. 300 feet from any residentially zoned or used property. 2. 500 feet from any other existing off-site sales establishment. 3. 600 feet from any church, place of worship, public or private school, park, playground, clinic, hospital, health care facility or convalescent home. 4. 600 feet from existing on-site sales establishments, except restaurant establishments. Definitions of Off -Site Establishments • Convenience Store. A retail establishment that is under 15,000 square feet in size where food, beverage, magazines and auto related items, or any combination thereof, are sold for off-site consumption. Alcoholic beverage sales are considered a primary use when they occur within a retail business that is less than 15,000 square feet in gross floor area. or where the total area of sales is more than 10 percent of the total gross floor area. • Food Market Store. A retail establishment where food, beverage, household and personal items, or any combination thereof, are sold for off-site consumption. Alcoholic beverage sales are considered an accessory use when included as part of another retail business that occupies at least 15,000 square feet of gross floor area, and where the total area devoted to alcoholic beverage sales occupies no more than 10 percent of the total gross floor area and are exempt from distance requirements. Alcoholic beverage sales are considered a primary use when they occur within a retail business where the total area of sales is more than 10 percent of the total gross floor area and would be defined as a convenience store. • Microbrewery: An establishment that includes beverage production of beer and may include a tasting facility and sales of beer produced on the premises. The establishment shall not include the sale of alcoholic beverages for on-site consumption with the exception of sampling the product within a tasting facility. • Restaurant (Take -Out): A retail establishment that sells food prepared on the premises and beverages solely for off-site consumption. Alcoholic Beverage Sales Establishment Guidelines Page 6 III. PERMIT PROCESS Applicants requesting approval for the on- or off-site sale and/or consumption of alcoholic beverages shall obtain a conditional use permit issued by the Zoning Administrator or Planning Commission. Projects Subject to the Guidelines The sale of alcoholic beverages for on-site or off-site consumption at new or existing establishments, as regulated by the Zoning Code, Planned Community District Regulations, or Specific Plans, shall comply with these guidelines. IV. REQUIRED FINDINGS In considering applications for alcoholic beverage sales establishments, the Zoning Administrator and/or the Planning Commission shall find the following: 1. That the establishment, maintenance and operation of selling alcoholic beverages for on- or off-site consumption or ancillary uses related thereto will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, as evidenced by specified findings. 2. That the operational characteristics and features of the facility such as the hours of operation, outdoor dining, live entertainment, coin operated video games, and billiard/pool tables, are appropriate for the location and type of use proposed in relation to surrounding residential areas, sensitive uses such as places of worship, parks, schools, hospitals, clinics, convalescent homes, and other similar uses selling or serving alcoholic beverages. 3. That the development or modification of an establishment selling alcoholic beverages shall be consistent with the General Plan and Zoning Code. Alcoholic Beverage Sales Establishment Guidelines page 7 V. DEVELOPMENT GUIDELINES AND CONDITIONS OF APPROVAL The following guidelines are set forth as recommended conditions of approval to identify desirable project characteristics and operating conditions for specified uses and ensure compliance through incorporation into approval resolutions. Alcoholic Beverage Sales Establishment Guidelines Page 8 1. All Sales Establishments (On -Site and Off -Site Sales): a. Applicants shall obtain the appropriate license from the State Department of Alcoholic Beverage Control for the type of alcoholic sales authorized for the site. A copy shall provided to the City. b. Approved uses shall operate within all applicable State, County and the Tustin City Code. Any violations of the regulations of the Department of Alcoholic Beverage Control as they pertain to the subject location, or of the City of Tustin, as they relate to the sale of alcoholic beverages, may result in the revocation of the subject Conditional Use Permit, as provided for the Tustin City Code. C. No loitering signs shall be placed near the entrance on the outside of the premises or in, other specified locations where alcoholic beverages are sold. d. All litter shall be removed from the exterior areas around the premises including adjacent public sidewalk areas, and parking areas, no less frequently than once each day that the business is open. e. Public telephones inside and adjacent to the establishment shall be modified to prevent incoming calls. f. No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. g. Business operations shall be in a manner which does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City of Tustin. h. The applicant shall sign and return an "Agreement to Conditions Imposed" form provided by the Community Development Director which states that the property owner, applicant, and/or tenant agrees to comply with all conditions imposed by the City. Failure to comply with the conditions of approval shall be grounds for revocation of the conditional use permit. Alcoholic Beverage Sales Establishment Guidelines page 9 2. All On -Site Sales Establishments: a. All alcohol shall be consumed on-site with the exception of the provisions stated in the Business and Professions Code Section 23396.5 and 23401. b. Authorization for on-site sales of alcohol in conjunction with the proposed use is contingent upon the use remaining at the subject site. At such time the use is discontinued or no longer the primary use of the site, the use permit shall be deemed null and void. C. Ambient noise of the on-site sales facility shall not exceed the standards of the City of Tustin Noise Ordinance. 2.1 Amusement Resorts & Clubs: a. All persons serving alcoholic beverages within an establishment other than a restaurant must be 21 years of age or older. b. No outdoor seating is allowed at the site without approvals in accordance with the Tustin City Code. c. Operating hours shall be determined by the Planning Commission. d. The gross annual sales receipts shall be provided to the Community Development Department annually. 2.2 Restaurants: a. The restaurant menu shall consist of foods that are prepared on the premises. b. No outdoor seating is allowed at the site without approvals in accordance with the Tustin City Code. C. All persons serving alcoholic beverages within a restaurant establishment must be 18 years of age or older and supervised by someone 21 years of age or older. The supervisor shall be present in the same area as point of sale. Alcoholic Beverage Sales Establishment Guidelines Page 10 d. The sale of alcoholic beverages within a restaurant establishment shall be limited to the hours when food is available. Service of food menu items shall be during all business hours. e. Any cocktail lounge or bar area within a restaurant shall function as a food and beverage service bar. f. One billiard or pool table shall be permitted for every 2,000 square feet of total gross floor area of the restaurant up to a maximum of two (2) tables. g. A maximum of five coin operated video arcade games, virtual reality games or coin operated games may be located on the premises. h. Operating hours shall not exceed the hours of other similar businesses within the adjacent vicinity. L The gross annual sales receipts shall be provided to the Community Development Department annually. To verify that the gross annual sales of food exceeds the gross annual sales of alcohol in an area devoted to an ancillary use, an audited financial statement shall be provided for review and approved by the Community Development Director quarterly and/or annually, as deemed necessary. If the audited financial statement demonstrates that the sales of alcohol exceeds the sales of food in the area devoted to the ancillary use, the ancillary use(s) shall cease immediately until it can be determined whether the ancillary use is operating as a primary use that would be subject to distance separation requirements. 3. Off -Site Sales: a. All persons selling alcoholic beverages for off-site consumption shall be 21 years of age or older. b. No alcoholic beverages shall be consumed on the property or any adjacent property to the licensed premises. Alcoholic Beverage Sales Establishment Guidelines Page 11 C. Refrigerated single serving beverage containers shall be located in an enclosed refrigeration unit no less than 10 feet from the point of sale and a minimum of five feet from the entrance to the premises. d. No display, sale or distribution of alcoholic beverages shall be made from an ice tub, barrel or similar container. e. For establishments selling alcoholic' beverages and gasoline, no signs advertising alcoholic beverages may be visible from the exterior of the building or on gasoline pumps or islands. f. Display of alcoholic beverages for sale shall be located at least 25 feet from the location of any video arcade game, virtual reality or coin/ token operated games. Alcoholic Beverage Sales Establishment Guidelines Page 12 ATTACHMENT E Department of Alcoholic Beverage Control (ABC) Letter Dated October 6, 2008 and ABC License Query System Summary for 14131 Red Hill Avenue STATE OF CALIFORNIA — BUSINESS, TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZENEGGER, Govemor DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL Santa Ana District Office 605 W. Santa Ana Blvd., Bldg. 28, Suite 369 Santa Ana, CA 92701 (714) 558-4101 October 6, 2008 Chief Scott Jordan Tustin Police Department 300 Centennial Way Tustin, CA 92780 HUSTON Matthew Roderick HUSTON Theresa Louise Rodericks 14131 Red Hill Ave. Tustin, CA 92780 File No. 47-442707 Reg. 08069688 Dear Chief Jordan: On two separate dates, our Department Investigators purchased alcoholic beverages at the licensed premises after 1:00 A.M. This is in violation of the conditions imposed on the license. The Department has accepted the licensee's Offer in Compromise in the amount of $3,000.00 in lieu of a 10 day suspension. The Department's acceptance of the fine will close the file in this matter. DDH: kh ABC -334 (2/95) a ., Daniel D. Hart District Administrator California ABC - License Query System - Data Summary California Department of Alcoholic Beverage Control License Query System Summary as of 10/21/2008 l.icerlse 11:1-ormati€ l icense Number: 442707 Status: R65 SURRENDER Primar Owner: HUSTON MATTHEW RODERICK BC Office of Application: SANTA ANA Misbiess Name 15oing Business As: RODERICKS 13usitiess Address [Address: 14131 RED HILL AVE Census Tract: 0755.12 10 : TUSTIN County: ORANGE State: CA Zip Code: 92780-5833 l.ic€llsee 111fol-111a1i€ill icensee: HUSTON MATTHEW RODERICK icensee: HUSTON THERESA LOUISE 1 License Type: 47 - ON -SALE GENERAL EATING PLACE License Type Status: R65 SURRENDER Status Date: 25 -SEP -2008 Term: Month(s) Original Issue Date: 25 -SEP -2006 Expiration Date: 31 -AUG -2009 Master: Y Duplicate: 0 Fee Code: P40 Condition: OPERATING RESTRICTIONS License Type was Transferred On: From: 413963 License Type was Transferred On: PEND To: 468715 2 License Type: 30 - TEMPORARY PERMIT License Type Status: ISSUE Status Date: 07 -AUG -2006 Term: Month(s) Original Issue Date: Expiration Date: Master: Y Duplicate: 1 Fee Code: NA IC 111-1-clit Disci pfiw { Action . No Active Disciplinary Action bund .. . Disci li►iar- hist€>r% [Violation Date: 17 -MAY -2008 Reg. Number: 08069688 Cleared On:26-SEP-2008 Reporting Agency: ABC - SOUTHERN DIVISION 1 Charge Date: 17 -MAY -2008 Section Violated: 24200 a,b Charge: GROUNDS FOR ACTION Page 1 of 2 http://www.abc.ca.gov/datport/LQSdata.asp?ID=2026896464 10/21/2008 California ABC - License Query System - Data Summary 2) Charge Date: 17 -MAY -2008 Section Violated: 23804 Charge: VIOL. OF CONDITIONS Proceeding Status: COMPLETE Decision: SUSPENDED Suspension Days: 10 Stayed Das 10 POIC/Fine: 3000 Suspension Start Date: Suspension End Date: I old 111forniation old Date: -18 -APR -2008 Type: BOARD OF EQUALIZATION HOLD scrow: DISCOVERY ESCROW COMPANY 7777 CENTER AVE STE 180 UNTINGTON BEACH,CA 92647-3017 ---End of Report --- For a definition of codes, view our glossary. Page 2 of 2 http://www.abe.ca.gov/datport/LQSdata.asp?ID=2026896464 10/21/2008 California ABC - License Query System - Data Summary y'✓. California Department of Alcoholic Beverage Control License Query System Summary as of 9/10/2008 I_:icense 1€1forniation icense Number: 413963 Status: CANCEL rimar Owner: FITZS PUB & LOUNGE INC BC Office of Application: SANTA ANA 11ilsilless Naaw [Doing Business As: FITZS PUB & LOUNGE lltisincss address [Address: 14131 RED HILL AVE Census Tract: 0755.12 Ci : TUSTIN County: ORANGE State: CA Zip Code: 92780-5833 Licensee Information icensee: FITZS PUB & LOUNGE INC Company Officer Information Officer: FITZGERALD GREGORY MARK, PRESIDENT/SECRETARY I, cells `1'v pes 1 License Type: 47 - ON -SALE GENERAL EATING PLACE License Type Status: CANCEL Status Date: 25 -SEP -2006 Term: Month(s) Original Issue Date: 28 -JUN -2004 Expiration Date: 31 -MAY -2007 Master: Y Duplicate: 0 Fee Code: P40 Condition: OPERATING RESTRICTIONS Condition: CODE 8 - SELF -INCORPORATION - HISTORICAL ALUE License Type was Transferred On: From: 400579 License Type was Transferred On: 24-JUL-2006 To: 442707 Current Disciplinary Action . No Active Disciplinary Action bund .. . Disci plinary History . No Disciplinary Histor ound .. . Eiold Information . No Active Holds./bund ... Escrow . No Escrow ound .. . ---End of Report --- For a definition of codes, view ourlg ossary. Page 1 of 1 http://www.abe.ca.gov/datport/LQSDATA.asp?ID=20234241 11 09/10/2008 California ABC - License Query System - Data Summary California Department of Alcoholic * Beverage Control License Query System Summary - C as of 10/21/2008 l i!=ense lill'Oi Inatioli icense Number: 400579 Status: CANCEL Primar Owner: FITZGERALD GREGORY MARK BC Office of Application: SANTA ANA 13tisiftess Name Ooing Business As: BOURBON STREET Business Address [Address: 14131 RED HILL AVE Census Tract: 0755.12 Cit : TUSTIN County: ORANGE State: CA Zip Code: 92780-5833 l.iceiisee 1111,01-Inati0i Licensee: FITZGERALD GREGORY MARK I i ease T pes 1 License Type: 47 - ON -SALE GENERAL EATING PLACE License Type Status: CANCEL Status Date: 27 -JUN -2006 Term: Month(s) Original Issue Date: 19 -JUN -2003 Expiration Date: 31 -MAY -2005 Master: Y Duplicate: I Fee Code: P40 Condition: OPERATING RESTRICTIONS License Type was Transferred On: From: 348808 License Type was Transferred On: 26 -MAY -2004 To: 413963 2 License Type: 30 - TEMPORARY PERMIT License Type Status: ISSUE Status Date: 20 -MAY -2003 Term: Month(s) Original Issue Date: Expiration Date: Master: Y Duplicate: 1 Fee Code: NA t ii3-t-clit Disci pliti ri Action . No Active Disciplinary Action bund ... DiscipfiiiarN History . No Disciplinary Histo bund ... old lnforniati€ n . No Active Holdsfound ... . No Escrow ound ... Page I of 2 http://www.abc.ca.gov/datport/LQSDATA.asp?ID=2021846472 10/21/2008 California ABC - License Query System - Data Summary California Department of Alcoholic • Beverage Control s License Query System Summary as of 10/21/2008 License Number: 348808 Status: CANCEL Primar Owner: RED HILL RESTAURANT INC BC Office of Application: SANTA ANA Business NaIlle Ooing Business As: BOURBON STREET llttsiness ,fid€1r€°ss [Address: 14131 RED HILL AVE Census Tract: 0755.12 Cit : TUSTIN County: ORANGE State: CA Zip Code: 92780-5833 l.icc°tlsee lnfortltatioll icensee: RED HILL RESTAURANT INC Company Officer Information Officer: SMITH LARRY ROGER, PRESIDENT Officer: SMITH LARRY ROGER, SECRETARY/ASST SEC Officer: SMITH LARRY ROGER, TREASURER Officer: SMITH LARRY ROGER, VICE PRESIDENT 1_. cctisi Tv pcS 1 License Type: 47 - ON -SALE GENERAL EATING PLACE License Type Status: CANCEL Status Date: 25 -JUN -2004 Term: 12 Month(s) Original Issue Date: 06 -MAY -1999 Expiration Date: 30 -APR -2004 Master: Y Duplicate: 1 Fee Code: P40 Condition: OPERATING RESTRICTIONS License Type was Transferred On: From: 218761 License Type was Transferred On: 16 -MAY -2003 To: 400579 ttrretit Discs plfilar� Act"ioll . No Active Disciplinary Action bund .. . I iscipIhi arN llistot-, .. No Disciplinary Histo ound .. . 1l€gtl l ttf'�tt'��t�t9it�t� . No Active Holdsfound ... . No Escrow ound .. . Page 1 of 2 http://www.abc.ca.gov/datport/LQSDATA.asp?ID=2013986606 10/21/2008 California ABC - License Query System - Data Summary California Department of Alcoholic Beverage Control License Query System Summary as of 10/21/2008 l.icens€ Information License Number: 218761 Status: CANCEL Primary Owner: GMRI INC BC Office of Application: SANTA ANA Ooing Business As: RED LOBSTER 534 t us'it ess Address ddress: 23694 EL TORO RD Census Tract: 0320.14 it : LAKE FOREST County: ORANGE State: CA Zip Code: 92630 [Licensee: GMRI INC Company Officer Information Officer: WHITE WILLIAM ROLAND III, PRESIDENT/TREASURER Officer: HUNTER COLLEEN MARIE, SECRETARY/ASST SEC Officer: ABNEY E CHARLENE, VICE PRESIDENT/SECRETARY 1_Acense U yes 1 License Type: 47 - ON -SALE GENERAL EATING PLACE License Type Status: CANCEL Status Date: 10 -MAY -1999 Term: 12 Month(s) Original Issue Date: 12 -AUG -1988 Expiration Date: 31 -DEC -1999 Master: Y Duplicate: 0 Fee Code: P40 Condition: OPERATING RESTRICTIONS License Type was Transferred On: 20-NOV-1998 To: 348808 j('111 -rent Disci lin€ r� Axtiorl . No Active Disciplinary Action found... iDisc i tlinar� History . No Disciplinary Histo ound ... 1-1(dd Information . No Active Holds ound .. . 1�setc,�� . No Escrow ound .. . ---End of Report --- For a definition of codes, view our g ossary.. Page 1 of I http://www.abc.ca.gov/datport/LQSDATA.asp?ID=218761000 10/21/2008 ATTACHMENT F PLANNING COMMISSION RESOLUTION NO. 4103 RESOLUTION NO. 4103 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING THAT THE CITY COUNCIL REVOKE CONDITIONAL USE PERMIT 98-029 FOR ON-SITE SALE AND CONSUMPTION OF BEER, WINE AND DISTILLED SPIRITS (LICENSE TYPE 47) AND THE LIVE ENTERTAINMENT PERMIT IN CONJUNCTION WITH A RESTAURANT LOCATED AT 14131 RED HILL AVENUE. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That Conditional Use Permit (CUP) 98-029 was filed in 1998 to allow on- site sale and consumption of beer, wine, and distilled spirits (ABC License Type 47) and live entertainment in conjunction with a restaurant located at 14131 Red Hill Avenue. The application was heard by the Planning Commission on February 8, February 22, and March 8, 1999, at which time the Planning Commission approved Resolution No. 3655 for CUP 98- 029. B. That on March 15, 1999, the City Council appealed the Planning Commission's decision based on public complaints and concerns about the use at that location. Two additional public hearings were subsequently held on April 5, and April 19, 1999, at which time the City Council upheld the Planning Commission's decision and approved Resolution 99-29 for CUP 98-029. C. That pursuant to Condition 1.7 of Resolution No. 99-29, the Community Development Director may review CUP 98-029 to ascertain compliance with conditions of approval. If the use is not operated in accordance with Conditional Use Permit 98-029, or is found to be a nuisance or negative impacts are affecting the surrounding neighborhood, the Community Development Director may initiate proceedings to revoke the Conditional Use Permit. As a result of several complaints received in regard to the business operations, investigations were initiated by the Community Development Director to ascertain compliance with conditions of approval for CUP 98-029. Such investigations demonstrated that numerous violations occurred. An Investigative Report was prepared and is attached in Exhibit A of Resolution 4103. Therefore, proceedings to revoke Conditional Use Permit 98-029 were initiated. D. That, pursuant to Tustin City Code Section 9293c, the Planning Commission may recommend that the City Council revoke a conditional use permit if any one of the following findings is made: 1. If any of the terms or conditions of approval are violated; or, Resolution No. 4103 Page 2 2. If the following finding is made: The continuance of the use would be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such use, or would be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the City. E. That on October 16, 2008, a notice of the public hearing was published in a newspaper of general circulation indicating that the Planning Commission would consider a report to revoke CUP 98-029 and the Live Entertainment Permit currently utilized by Roderick's restaurant. At least ten days prior to the hearing, notices were also mailed to the last known operator and all property owners within three hundred (300) feet of the site. F. That for a period of one (1) year following the approval, denial or revocation of a discretionary land use permit, no application for the same or substantially similar discretionary permit for the same site shall be filed. G. That the Planning Commission held a public hearing on the revocation of Conditional Use Permit 98-029 at a duly noticed, regular meeting on October 28, 2008. H. That the Planning Commission has considered the matter and made the following findings based on the evidence as described in the staff report dated October 28, 2008, and attachments thereto, including the Investigative Report in Exhibit A of Resolution 4103. The Planning Commission hereby makes the following findings as required in the Tustin City Code Section 9293.c: 1. The City Council passed and adopted Resolution No. 99-29 at a regular meeting held on the 19th day of April, 1999. The City Council determined that the establishment, maintenance, and operation of the use applied for would not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use nor be a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin. However, the facility has not been operated in accordance with the terms set forth in Conditional Use Permit 98-029 and the conditions of approval set forth in Resolution No. 99-29. The facility's operators have consistently violated the terms of Use Permit 98- 029 and continuance of the use would constitute a detriment to the health, safety, and general welfare of nearby residences, businesses, and the community. As shown in the summarized investigative report in Exhibit A of Resolution No. 4103, regardless of ownership, business name or Resolution No. 4103 Page 3 restaurant menu, the businesses at this location have continually violated the conditions of approval for Conditional Use Permit 98- 029 as well as ABC licensing requirements and the California State Penal Code. The required findings for revocation of CUP 98-029 that the use continues to be detrimental to the community and the City are further substantiated and arbitrated in detail in the Investigative Report in Exhibit A of Resolution No. 4103. The following conditions of approval have been violated: a. Condition 1.8: Audited financial statements and schedules separately identifying gross sales of food and gross sales of alcohol must be submitted to the Community Development Department for annual review. The gross receipts of food sales must exceed the gross receipts of alcohol sales. If gross receipts of alcohol exceed food sales, the Community Development Director shall initiate proceedings to revoke the Conditional Use Permit. Multiple letters were sent from City staff to the owners Larry Smith and Gregory Fitzgerald regarding the requirement of Condition 1.8 for an audited financial statement and schedule prepared by a certified public accountant. The owners repeatedly ignored the requirement and were unwilling to comply with conditions of approval. Staff subsequently initiated revocation proceedings until the new owner took over. b. Condition 2.1: No off-site sale or consumption of alcohol is authorized, except partially consumed bottles of wine as authorized in Business and Professions Code Section 23396.5. Numerous violations were noted by the Special Investigations Unit violating the requirement that no alcohol was to be consumed off-site. Specifically, on a number of occasions undercover officers walked outside the front door holding beer bottles and spoke with the bouncer. The bouncer never asked them to step inside. An ABC undercover officer also consumed alcohol outside on the patio in front of the bouncer and only after approximately two minutes was asked to bring the drink inside. Undercover officers also observed what appeared to be alcohol being consumed outside, near the front door. c. Condition 2.3: Hours of sales of alcoholic beverages shall be limited to the hours when food is available. Service of food menu items shall be during all business hours. On numerous occasions, violations were noted by the Special Investigations Unit. Specifically, 80 percent of the premises were not set up for serving meals to the public. On multiple occasions, Resolution No. 4103 Page 4 undercover officers were told that the kitchen was closed. Furthermore, no utensils or condiments were provided on the tables. d. Condition 2.4: Operating hours shall be consistent with other businesses within the commercial center. The closing hours shall be 11:00 p.m. Sunday through Thursday and 12:00 a.m. Friday and Saturday. No new patrons shall be admitted after the closing hours and patrons shall vacate the premises within thirty (30) minutes after closing time. In a number of separate instances, Code Enforcement inspected the site and noted a poster and online advertisements indicating that the facility was open "Friday 9:00 p.m. — 2:00 a.m." Furthermore, when officers phoned on several separate occasions and asked what time they close on Fridays, they received a response of "2:00 a.m." e. Condition 2.5: The menu of the restaurant shall consist of foods that are prepared on the premises. During several separate investigations, undercover officers were told that the kitchen was closed and no food was being prepared on the premises. f. Condition 2.9: Authorization for the on-site sales of beer, wine, and distilled spirits (ABC license Type 47) is contingent upon the use of the subject premises remaining a restaurant. Should this use change or be discontinued, authorization for this use permit is null and void. City staff provided written correspondence on at least two separate occasions to the owner informing him that operation of an all age dance club is not authorized by the Conditional Use Permit 98-029 nor the Live Entertainment Permit. Multiple violations of ABC license were also observed by undercover officers and the business was fined in -lieu of suspension after ABC investigators discovered violations of the license. During several separate undercover investigations, the restaurant did not offer food service nor did they provide eating utensils for food consumption. g. Condition 2.10: din part] Shall not exceed 12 "bar seats" within the lounge area and four "bar seats" within the main level dining room. Resolution No. 4103 Page 5 During several separate undercover investigations, it was noted that the facility supplied in excess of 12 bar seats in the lounge and in excess of two bar seats at the main level. h. Condition 2.11: The applicant shall obtain a Public Dancing Permit and an Entertainment Permit from the Community Development Director prior to offering public dancing and live entertainment on the premises. Several conditions of approval of the Public Dancing Permit and Entertainment Permit were noted to be violated. The entertainment permit conditioned that it was subject to the conditions of approval in Resolution No. 99-29 approving CUP 98-029. Therefore, every time there was a violation of conditions for CUP 98-029 it was a violation of the live entertainment permit. Additional violations were observed by officers that included entertainment being provided that was not consistent with the approved live entertainment permit. i. Condition 2.12: Any bar located within the facility shall function as a food/beverage service bar. Undercover officers were told on several separate occasions that the kitchen was closed and food was not available. Condition 2.14: The entire facility, which includes all three (3) levels, shall operate exclusively as a restaurant. During business hours, at least 80 percent of the premises shall be designed and used for and must possess the necessary utensils, table service and condiment dispensers with which to serve meals to the public. During several separate investigations, undercover officers were told that the kitchen was closed. Furthermore, during separate instances, minimal or no place settings and utensils were observed. Tables and chairs were also observed being removed to make room for dancing. k. Condition 2.15: "No Loitering" signs shall be posted at the entrance of the business. During multiple inspections, both code enforcement and undercover officers noted that no such signs could be observed. Condition 2.16: All litter shall be removed from the exterior area around the premises including adjacent public sidewalk areas Resolution No. 4103 Page 6 and parking area no less frequently than once each day that the business is open. On several separate occasions, Special Investigations Division officers observed trash strewn around the parking lot. 2. The use continues to be detrimental to the community and the City and as clearly substantiated in the amount of staff time and police services that have been required throughout the life of the permit. The investigative report in Exhibit A of Resolution 4103 further shows, regardless of ownership, business name or restaurant menu, the businesses at this site have continually violated the conditions of approval as well as California State Penal Codes. In addition to undercover police actions, based on police records, there are significantly higher calls for service at 14131 Red Hill Avenue than many other restaurant uses in the City. These calls include patrol checks, suspicious vehicles, loud party music, petty theft, rowdy "gangster type" crowds, and other disturbances of the peace. Consequently, the continuance of the use would be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such use, or would be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the City. H. That this project is Categorically Exempt pursuant to Section 15270(b) (Article 18. Statutory Exemptions — Projects which are disapproved) of the California Environmental Quality Act (CEQA). (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby recommends that the City Council revoke Conditional Use Permit 98-029, which authorized on-site sale and consumption of beer, wine, and distilled spirits (ABC License Type 47) and live entertainment in conjunction with a restaurant located at 14131 Red Hill Avenue. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 28th day of October, 2008. CHARLES E. PUCKETT Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4103 Page 7 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 4103 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 28th day of October, 2008. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A OF PLANNING COMMISSION RESOLUTION NO. 4103 CITY OF TUSTIN CODE ENFORCEMENT OFFICER'S INVESTIGATIVE REPORT DATE: BUSINESS OWNER: SUBJECT PROPERTY ADDRESS: CASE NO.: SUBJECT: RECORD OF ACTION: August 28, 2008 Matthew R. Huston 930 S. Keene Drive La Habra, CA 90631 14131 Red Hill Avenue V05-0368 & V08-0298 Repeated CUP Violations at property May 31, 2005 • City staff sent a letter to Fitz's Pub & Lounge business owner Gregory Fitzgerald. In the letter, Mr. Fitzgerald was informed that operating an all age's dance club is not authorized by the Conditional Use Permit 98-29 (or) the Live Entertainment Permit under which the restaurant at 14131 Red Hill Avenue operates and is not permitted at that location (Exhibit 1). June 6, 2005 • City met with Scott Leotti, an individual who proposed to operate an all ages dance club at Fitz's. During the meeting, City staff informed Mr. Leotti that an all age's dance club is not authorized by Conditional Use Permit 98-29 (or) the Live Entertainment Permit under which the restaurant at 14131 Red Hill Avenue operates and is not permitted at that location. June 9, 2005 • City staff sent a letter to Mr. Leotti, reiterating that an all age's dance club is not authorized at 14131 Red Hill Avenue (Exhibit 2). September 27, 2005 • City staff received a complaint about possible prostitution, urinating in public and drinking alcohol in the parking lot around 14131 Red Hill Avenue on Friday and Saturday nights. Brad Steen, Code Enforcement Officer inspected Fitz's Pub & Lounge at 14131 Red Hill Avenue and noticed a white eight and half by eleven sheet of paper taped to the front door, which was located on the south side of the building. The sheet of paper stated Fitz's business hours: (M - F) Open at 3pm, (Sat. - Sun.) Open at 12pm. Brad Steen proceeded to walk into the building and noticed a poster to the left of the entrance, which stated "Club Fitz - Friday 9pm - 2am". No customers were inside; only one male employee. Brad Steen walked into each of the three separate rooms within the building and the appeared to be in compliance, except 80% of the premises were not set-up for serving meals to the public. C.E. Investigative Report V05-0368 & V08-0298 August 28, 2008 Page 2 September 28,. 2005 • Brad Steen re -inspected Fitz's Pub and Lounge at 14131 Red Hill Avenue and obtained photographs of an eight and a half by eleven inch sheet a white paper within the outside message board, next to the front door advertising "Club Fitz — every Friday Night at 9pm" and of the business hours, which were posted on the front door, on an eight and a half by eleven inch sheet of white paper. September 29, 2005 • City staff searched the internet and observed that Fitz's Pub and Lounge was advertising an "Awesome club every Friday night from 9pm — 2am" (Exhibit 3). • Tustin Police Department's Special Investigations Division was informed of the recent citizen complaint and City staff's observations about possible club activity. Special Investigations to follow-up with undercover investigations. October 14, 2005 • Several Police Officers' with the Tustin Police Department's Special Investigations Division, two Alcohol and Beverage Control (ABC) Investigators, and a Probation Officer did an undercover investigation at Fitz's Pub and Lounge. Several conditional use permit (CUP) violations were observed (See Report # 05-7880 for the list of CUP violations) (Exhibit 4). February 17, 2006 • Community Development Director Elizabeth Binsack, Police Sergeant/Special Investigation's Supervisor Paul Garaven and Brad Steen met with Mr. Fitzgerald to discuss the recently observed CUP violations and the numerous Tustin Police Department calls for service. During the meeting, Mr. Fitzgerald stated that he and his wife are both uncomfortable being inside his business and rated it as a C grade at best. Mr. Fitzgerald was given a letter at the meeting, giving him until March 3, 2006, in which to submit a corrective action plan to the Community Development Department in response to the CUP violations (Exhibit 5). March 3, 2006 • A letter, describing a corrective action plan Mr. Fitzgerald planned to implement to correct the CUP violations, was received by City Staff (Exhibit 6). March 17, 2006 • City staff received a follow-up letter from Mr. Fitzgerald, which included additional photographs and comments to his corrective action plan, dated March 3, 2006 (Exhibit 7). March 30, 2006 • A letter was mailed to Mr. Fitzgerald, responding to Mr. Fitzgerald's proposed corrective action plan (Exhibit 8). April 28, 2006 • Elizabeth Binsack received an e-mail, which included a letter from Attorney Floyd Farano, with the law firm of Farano and Kieviet. Mr. Farano represents Mr. Fitzgerald and requested to meet with Elizabeth Binsack and any other City staff to resolve any outstanding issues with Fitz's CUP violations on or around May 1, 2006. (Exhibit 9). C.E. Investigative Report V05-0368 & V08-0298 August 28, 2008 Page 3 May 1, 2006 • Elizabeth Binsack received an e-mail from Mr. Farano, requesting again to meet with City staff to resolve Fitz's CUP violations (Exhibit 10). May 3, 2006 • Elizabeth Binsack received an e-mail from Mr. Farano at 10:26am, requesting to meet with City staff to resolve Fitz's CUP violations (Exhibit 11). • City staff then received a fax from Mr. Farano at 9:11 pm, which included all of his e-mails dated April 28, 2006, May 1, 2006, his e-mail earlier in the morning at 10:26am to Elizabeth Binsack and his letter which was included in his e-mail dated April 28, 2006 (Exhibit 12). May 4, 2006 • Elizabeth Binsack received a fax from Mr. Farano at 11:13am, which included a letter, requesting to meet with City staff to resolve Fitz's CUP violations and further included all of his e-mails to Elizabeth Binsack, dated April 28, 2006, May 1, 2006, May 3, 2006, and his letter via e-mail on April 28, 2006. (Exhibit 13). May 30, 2006 • City staff and the City Attorney had an in-house meeting regarding Fitz's Pub & Lounge. Elizabeth Binsack, two Tustin Police Officer's and Brad Steen met with Mr. Farano, property owner Larry Smith and prospective new business owner Matthew Huston to discuss the recent CUP violations at Fitz's. Mr. Ferrano requested that the City of Tustin not pursue the revocation of the CUP, but to give Mr. Huston an opportunity to prove himself. Elizabeth explained that City staff involved with this case will total up all hours spent, as to re -coop all of its money in the investigation of Fitz's. A letter was sent to Mr. Huston from Scott Reekstin, Senior Planner/Business License Supervisor, acknowledging receipt of the business license application for Roderick's. The letter also advised Mr. Huston that a live entertainment permit is required for the presentation of live music, dance, comedy, etc. and further informed him that a conditional use permit is currently active and valid at 14131 Red Hill Avenue and a copy of Resolution No. 99-29 was enclosed with the letter for his reference (Exhibit 14). September 18, 2006 • Letter mailed by first class mail to Mr. Smith and Mr. Fitzgerald for time spent on recent CUP violations at Fitz's, totaling $8,346.09 (Exhibit 15). November 1, 2006 • Letter sent to Mr. Fitzgerald and Mr. Smith, informing them that payment of City costs in the investigation of Fitz's CUP violations has not been paid and further states that the City intends to schedule revocation of CUP 98-029 (Exhibit 16). November 20, 2006 • Elizabeth Binsack received a letter from Mr. Farano, stating that he no longer represents Mr. Fitzgerald, but still represents Mr. Smith. A request for all City records was requested by Mr. Farano within at least ten days prior to the hearing regarding the revocation of the CUP (Exhibit 17). C.E. Investigative Report V05-0368 & V08-0298 August 28, 2008 Page 4 November 27, 2006 • City staff received a letter from Mr. Fitzgerald, dated November 18, 2006, addressed to the Mayor of Tustin, requesting that the CUP not be revoked (Exhibit 18). December 4, 2006 • City staff received an audited break down of the gross sales of food and alcohol from Mr. Huston from October 16, 2006 — November 29, 2006 (Exhibit 19). December 5, 2006 • Brad Steen inspected Fitz's Pub and Lounge for compliance with CUP 98-029 and observed that there was no "No Loitering" sign to the front of the business as required by the CUP and further observed a banner displayed along Red Hill Avenue without a temporary sign permit. Brad Steen spoke Mr. Huston and explained that he needed to install a no loitering sign to the front of the business per CUP 98-029 and obtain a temporary sign permit for the banner or remove it. A temporary sign permit application was left with Mr. Huston. January 8, 2007 • Brad Steen re -inspected Roderick's and a "no loitering" sign has been installed to the front of the building and a temporary sign permit was issued on December 27, 2006 for the business banner. February 5, 2007 • City staff received a settlement agreement between Mr. Smith and the City of Tustin in the amount of $4,200.00 for Code Enforcement costs associated with CUP violations at Fitz's. Case (V05-0368) was closed at this time. May 7, 2007 • Several Tustin Police Officer's with the Special Investigations Division drove through the parking lot at 14131 Red Hill Avenue and observed approximately fifteen to twenty people hanging out in the parking lot, playing extremely loud music, with trash strewn around the parking lot (See Report # 08-3207 for further) (Exhibit 20). April 7, 2008 • Elizabeth Binsack received information that Roderick's was promoting a club named "Levels Lounge" every Friday night from 9pm to 2am by 1 Mo Drank Productions". City staff researched 1 Mo Drank Productions" on the internet and the website referred individuals to a MySpace account at www.myspace.com/alikemp52.com. City staff could not access the MySpace account, so the Tustin Police Department, who have an account with MySpace were able to access www.myspace.com/alikemp52.com (113050293). Within the listed MySpace account, City staff observed flyers for "Levels Lounge" and 'The Homie Konch's B -Day Bash" were observed displayed and were referencing Roderick's as the location of the events (Exhibit 21). April 8, 2008 • Elizabeth Binsack, Lieutenant and South Area Commander Charlie Celano, four Tustin Police Officers with the Special Investigations Division and Brad Steen had a meeting regarding Levels Lounge. The Tustin Police Department's Special Investigations Division indicated that they would soon be conducting undercover investigations at Roderick's. C.E. Investigative Report V05-0368 & V08-0298 August 28, 2008 Page 5 April 11, 2008 • The Tustin Police Department's Special Investigations Division conducted an undercover surveillance at 14131 Red Hill Avenue, where numerous conditional use permit violations were observed (See case # 08-2783 for further) (Exhibit 22). April 25, 2008 • The Tustin Police Department's Special Investigations Division conducted an undercover surveillance at 14131 Red Hill Avenue, where numerous conditional use permit violations were observed (See case # 08-3207 for further) (Exhibit 23). May 14, 2008 • Five day letter sent to Mr. Huston by first class mail, requesting audited financial statements separately identifying gross sales of food and alcohol from January 1, 2008 — May 1, 2008 (Exhibit 24). A copy of the letter was also hand delivered to Mr. Huston by Brad Steen. Mr. Huston stated that he would have the audited statements by May 20, 2008. May 20, 2008 • Brad Steen received a phone call from Mr. Huston, stating that his accountant was not able to complete the audited gross food and alcohol sales statements today, but assured Brad Steen that he would submit the statement by no later than May 23, 2008. May 22, 2008 • City staff received an audited financial statement from Mr. Huston, dated May 21, 2008, for gross food and alcohol sales from May 1, 2007 - May 1, 2008 (Exhibit 26). June 9, 2008 • Five day letter sent to Mr. Huston by first class mail, requesting audited financial statements separately identifying gross sales of food and alcohol from January 1, 2008 — May 1, 2008 (Exhibit 26). A copy of the five day letter was also placed within the front door jam of Roderick's, attention Matthew Huston. June 17, 2008 • Brad Steen received a phone message from Mr. Huston, stating that on June 11, 2008, he received the letter dated June 9, 2008 and currently has his CPA working on the numbers. Mr. Huston stated that he hoped to have the audited statement to City staff that day or the next day, but would definitely have it to City staff by the end of that week. June 25, 2008 • City staff received an audited statement for gross sales of food and alcohol from January 1, 2008 — May 1, 2008 from Mr. Huston, dated June 24, 2008 (Exhibit 27). August 8, 2008 • The Tustin Police Department's Special Investigations Division conducted an undercover surveillance at 14131 Red Hill Avenue, where numerous conditional use permit violations were observed (See case # 08-5805 for further) (Exhibit 28). C.E. Investigative Report V05-0368 & V08-0298 August 28, 2008 Page 6 August 27, 2008 • Brad Steen inspected 14131 Red Hill Avenue and obtained photographs of the exterior of the building. During the inspection, Brad observed two message boards; one to either side of the front door, located on the south side of the property. The message board to the west side of the front door contained Roderick's menu and their entertainment schedule for Monday through Sunday. Friday night stated DJ Entertainment, $10.00 cover, with hours 10pm — close. Every other Saturday was labeled as "Seduction Night". Within the patio area, adjacent to the front door were several large ceramic pots with small trees. Within one of the ceramic pots were approximately ten VIP Pass business cards advertising "Seduction Saturday's" at Roderick's with four different MySpace accounts on the back of the business card (Exhibit 29). • Brad Steen attempted to view each of the four MySpace accounts listed, but was only able to find Roderick's advertisements on myspace/glamorous—entertainment (187841830) (See Dance Wars listed on page # 3) (Exhibit 30). • The glamorous_ entertainment site directed me to a Dance Wars advertisement at 14131 Red Hill Avenue, dated June 14, 2008 (Exhibit 31). Within the Dance Wars site, two Seduction advertisements at 14131 Red Hill Avenue were also displayed (Exhibit 31). • Brad Steen reviewed the Tustin Police Department information report, dated August 8, 2008 (Case # 08-5805), attached hereto as Exhibit 28, where a promotional post card listed as "The Summer Fling" at 14131 Red Hill Avenue was attached to the report. The post card referred individuals to myspace/royal—empire_ent for additional information. Brad Steen researched myspace/royal_empire_ent, which directed him to several sites, including site (44325528), where Steppin Up/Steppin Out at 14131 Red Hill Avenue was advertised, dated July 5, 2008 (see page # 5) (Exhibit 32). • Brad Steen then checked the Orange County Register website for dining establishments in Tustin and Roderick's was identified. Brad Steen reviewed the Roderick's information and Friday and Saturday nights were labeled as DJ and dancing and the business hours were identified as Friday and Saturdays 11 am — 2am (Exhibit 33). Reporting Officer: Brad Steen Phone Number: (714) 573-3135 Exhibits Listed: Letter to Mr. Fitzgerald, dated May 31, 2005, informing him that an all ages' dance club is not permitted at 14131 Red Hill Avenue. 2 Letter to Mr. Leotti, dated June 9, 2005, informing him that an all ages' dance club is not permitted at 14131 Red Hill Avenue. 3 Club advertisement observed online for Fitz's Pub and Lounge, dated September 29, 2005 4 Tustin Police Department information report conducted on October 14, 2005 (Case # 05-7880) 5 Letter to Mr. Fitzgerald, dated February 17, 2006, requesting a corrective action plan to the recent CUP violations. C.E. Investigative Report V05-0368 & V08-0298 August 28, 2008 Page 7 6 A letter from Mr. Fitzgerald, dated March 3, 2006, describing the corrective measures he plans to implement. 7 Follow-up letter from Mr. Fitzgerald, dated March 17, 2006, including additional photos and comments to his corrective action plan on March 3, 2006. 8 Letter to Mr. Fitzgerald, dated March 30, 2006, responding to Mr. Fitzgerald's corrective action plan. 9 E-mail from Mr. Farano to Elizabeth Binsack, dated April 28, 2006, which included a letter, requesting a meeting with City staff to resolve the recent CUP violations at Fitz's Pub and Lounge. 10 E-mail from Mr. Farano to Elizabeth Binsack, dated May 1, 2006, requesting a meeting with City staff to resolve the recent CUP violations at Fitz's Pub and Lounge. 11 E-mail from Mr. Farano to Elizabeth Binsack, dated May 3, 2006 at 10:26am, requesting a meeting with City staff to resolve the recent CUP violations at Fitz's Pub and Lounge. 12 Fax sent from Mr. Farano to Elizabeth Binsack on May 3, 2006 at 9:11 pm, which included his e-mails to Elizabeth Binsack on April 28, 2006, May 1, 2006, his e-mail earlier on May 3, 2006 at 10:26am and the letter which was attached in the April 28, 2006 e-mail. 13 Fax sent from Mr. Farano to Elizabeth Binsack on May 4, 2006 at 11:13am, which included a letter, requesting to meet with City staff to resolve Fitz's CUP violations and further included all of his e-mails to Elizabeth Binsack, dated April 28, 2006, May 1, 2006, May 3, 2006 and his letter via e-mail on April 28, 2006. 14 Letter sent to Mr. Huston from Scott Reekstin, dated July 21, 2006, acknowledging receipt of the business license application. The letter further advised Mr. Huston that a live entertainment permit is required for the presentation of live music, dance, comedy, etc. and that a conditional use permit is currently active and valid at 14131 Red Hill Avenue and a copy of Resolution No. 99-29 was enclosed with the letter for his reference. 15 Letter sent to Mr. Smith and Mr. Fitzgerald, dated September 18, 2006, showing the breakdown of City staff time involved with investigating Fitz's Pub and Lounge CUP violations, totaling $8,346.09. 16 Letter sent to Mr. Fitzgerald and Mr. Smith, dated November 1, 2006, advising that the City intends to schedule revocation of CUP 98-029. 17 Letter from Mr. Farano to Elizabeth Binsack, dated November 20, 2006, requesting all City records within at least ten days prior to the hearing regarding the revocation of the CUP. 18 Letter by Mr. Fitzgerald to the Mayor of Tustin, dated November 18, 2006, requesting that the CUP not be revoked. C.E. Investigative Report V05-0368 & V08-0298 August 28, 2008 Page 8 19 Audited financial report submitted to City staff from Mr. Huston, dated December 4, 2006, showing the gross sales of food and alcohol at 14131 Red Hill Avenue from October 16, 2006 - November 29, 2006. 20 Tustin Police Department information report conducted on May 7, 2007 (Case # 08-3207) 21 "Levels Lounge" and "The Homie Konch's B -Day Bash" online advertisements observed by City staff on April 7, 2008 for events at 14131 Red Hill Avenue. (Internet pages 1 & 5 -19 omitted "No bearing on case") 22 Tustin Police Department information report conducted on April 11, 2008 (Case # 08-2783) 23 Tustin Police Department information report conducted on April 25, 2008 (Case # 08-3207) 24 Letter sent to Mr. Huston, dated May 14, 2008, requesting audited financial statements separately identifying gross sales of food and alcohol from January 1, 2008 - May 1, 2008. 25 Audited financial report submitted to City staff from Mr. Huston, dated May 21, 2008, showing the gross sales of food and alcohol at 14131 Red Hill Avenue from May 1, 2007 - May 1, 2008. 26 Letter sent to Mr. Huston, dated June 9, 2008, clarifying a request for audited financial statements separately identifying gross sales of food and alcohol at 14131 Red Hill Avenue from January 1, 2008 - May 1, 2008. 27 Audited financial report submitted to City staff from Mr. Huston, dated June 24, 2008, showing the gross sales of food and alcohol at 14131 Red Hill Avenue from January 1, 2008 - May 1, 2008. 28 Tustin Police Department information report conducted on August 8, 2008 (Case # 08-5805) 29 Business card advertising "Seduction Saturday's" at 14131 Red Hill Avenue. 30 Information listed on myspace/glamorous-entertainment (187841830) site. 31 Dance Wars advertisement at 14131 Red Hill Avenue, dated June 14, 2008 and two Seduction advertisements at 14131 Red Hill Avenue. (Internet pages 1, 2 & 4 -11 omitted "No bearing on case") 32 Information listed on site (44325528), where Steppin Up/Steppin Out at 14131 Red Hill Avenue was advertised, dated July 5, 2008 (Internet pages 1 - 4 & 6 -13 omitted "No bearing on case") 33 Orange County Register dining information for 14131 Red Hill Avenue. (Internet page 2 omitted "No bearing on case") 34 Resolution No. 99-29, which approved CUP 98-029 35 a) Live Entertainment Permit, issued on December 5, 2006 for Roderick's. C.E. Investigative Report V05-0368 & V08-0298 August 28, 2008 Page 9 b) Live Entertainment Permit, issued on May 25, 1999 for Bourbon Street Restaurant c) Live Entertainment Permit, issued on July 7, 2003 for Big Andy's Bourbon Street Experience (Conditions Missing) 36 Business license information for 14131 Red Hill Avenue 37 Property owner profile with parcel map 38 Case photographs on September 28, 2005, December 5, 2006, January 8, 2007, June 9, 2008 & August 27, 2008. Exhibit Community Development Department City of Mustin May 31, 2005 300 Centennial Way Tustin, CA 92780 714.573.3100 Gregory Fitzgerald 14131 Red Hill Avenue Tustin, CA 92780 SUBJECT: USE OF RESTAURANT AT 14131 RED HILL AVENUE Dear Mr. Fitzgerald: Recently, the City of Tustin became aware that an all ages dance club is proposed to locate at 14131 Red Hill Avenue, beginning June 22, 2005, and continuing though the summer every Wednesday evening. Please be advised that such an activity is not authorized by Conditional Use Permit 98-029 and the Live Entertainment Permit under which your business operates and is not permitted at 14131 Red Hill Avenue. Pursuant to Conditional Use Permit (CUP) 98-029, Condition 2.14, the entire facility (at 14131 Red Hill Avenue), which includes all three (3) levels, shall operate exclusively as a restaurant. During business hours,. at least 80 percent of the premises shall be designed and used for and must possess the necessary utensils, table service, and condiment dispensers with which- to serve meals to the public. In addition, Condition 2.4 states that closing hours shall be 11:00 p.m. Sunday through Thursday. Please be advised that if a dance club were to operate at your place of business without obtaining approval from the City, revocation proceedings for CUP 98-029 and your Live Entertainment Permit may be initiated. Furthermore,- you have not maintained a current business license with the City and are therefore in violation of your Live Entertainment Permit. If you have any questions regarding this matter please contact Senior Planner Scott Reekstin at (714) 573-3016. Sincere , Elizabeth A. Binsack Director of Community Development cc: Scott Leolli,1838 Calle Belleza, Rowland Heights, CA 91748 Lois Jeffrey, City Attorney Scott Jordan, Chief of Police Justina Wilikom, Senior Planner Scott Reekstin, Senior Planner Code Enforcement, Business License SACddZwtMusinew\Bourbon Street Fihes May 2005 Letter.doc Gregory Fitzgerald May 31, 2005 Page 2 bcc: William A. Huston Paul Garaven Exhibi t Community Development Department June 9, 2005 Scott Leotti 1838 Calle Belleza Rowland Heights, CA 91748 SUBJECT: USE OF RESTAURANT AT 14131 RED HILL AVENUE Dear Mr. Leotti: City Of Tustin 300 Centennial Way Tustin, CA 92780 714.573.3100 Thank you for meeting with us on June 6, 2005, to discuss the proposed all ages dance club at 14131 Red Hill Avenue. As we discussed at the meeting, the proposed Wednesday night club is not authorized by the Conditional Use Permit and the Live Entertainment Permit under which the restaurant business at 14131 Red Hill Avenue operates and is not permitted at that location. Specifically, the following proposed activities would be inconsistent with the approved Conditional Use Permit and Live Entertainment Permit: • Operation of any use other than a restaurant and the activities that you described at our meeting. • Closing hours later than 11:00 p.m. on a weeknight. • Concentrated assembly occupancy of the restaurant. • Lack of full service of food menu items during all business hours. • Less than 80 percent of the premises used for the service of meals to the public. Furthermore, if the dance club were to operate at 14131 Red Hill Avenue without obtaining approval from the City, the conditional use permit and live entertainment permit would be jeopardized and revocation proceedings could be initiated. If you have any questions regarding this matter please contact Senior Planner Scott Reekstin at (714) 573-3016. Sincerely, Eizabeth"dc Director of Community Development cc: Gregory Fitzgerald, 14131 Red Hill Avenue, Tustin, CA 92780 Lois Jeffrey, City Attorney Scott Jordan, Chief of Police Justina Willkom, Senior Planner Scott Reekstin, Senior Planner Code Enforcement, Business License Scott Leotti June 9, 2005 Page 2 bcc: William A. Huston Paul Garaven Exhibit t_nermoz liming (jwae -- United_States/CA/'1'ustin/Fitz's Pub & Lounge BAR/PUB/ BREWERY IRISH Description Page 1 of 3 part of the open directory project new search I email chefmoz ( add restaurant I become an editor Top: United States: CA: Tusti F itz's Pub & Irish neighborhood pub, with main bar w/ bandstand and nightly live entertainment, TV (sports themed); "gameroom" downstairs (bar, pool, Lounge shufflboard); upstairs "lounge". Televisions abound. Outdoor smoking patio. Weekly karaoke. 14131 Redhill Avenue Located next to Stater Brothers supermarket. (Nisson/5 Fwy) - mR Tustin, CA 92780 714.665.2709 Hours Sun -Thu 3pm-12am Fri -Sat 12pm-12am Reviews Web Information review it add a link web nage menu reservations add /change info Show 101 201 301 50 reviews on each page Friendly place Food ****.k I stopped in to check this place out and sat down in the bar area. Bigscreen plasma Service **-*-k*TVsvery attentive (and attractive) bartender, a few regulars watching the football Ambiance *-k-k*-Oc overall ****-0C I ordered "Irish Nachos", which are large French Fries with cheese, the regular fixins, and ranch dressing, and thankfully I got a half order it was plenty of food for one person, and delicious. Washed it down with cold Newcastle on draught. Service was prompt, and the appetizer with two Newcastles cost less than $10 -1 Features considered this very good value. English language menu private room There is a downstairs gameroom that was quite busy - the "regular" bar was quiet - ant private parties though I didn't actually look at the upstairs "lounge", the blueish velvet curtains had a "seventies" look to it. offsite catering dancing Previous incarnations of this establishment allowed smoking inside in spite of the law television against it, but thankfully Fitz's doesn't seem to. There is a smoking area outside that entertainment / live seemed to be honored. [13 Sep 2004 16:32:231 music Food: ***** Service: '�**** Ambiance: ����� Overall: � Recommended Dishes: Irish nachos Accepts MINNOW Tustin, California httn_//chefmn7._nru/1Tnited 4tatec/(:A/Tnctin/Fit70/^77e P„h 0/1A r,,,,., lACIcnA»1)�7L- nerivioz Lining tjuiae -- umtea Mates/CA/'lbstin/Fitz's Pub & Lounge cash Visa MasterCard/Eurocard Smoking not permitted Dress casual Alcohol full bar Parking own parking lot Handicapped Access partially accessible Main bar area accessible: downstairs "gameroom" and upstairs "lounge" not accessible. Page 2 of 3 Awesome club every Friday night The DJ is there every Friday night from 9 PM to 2 AM and plays hiphop, R&B, and eve some house music. Friendly crowd, great food and drink specials, plasma tvs for sporb 3 rooms and 3 bars, 4 pool tables, shuffleboard, good prices, jukebox. Most of the bartenders are attractive 21-30 yr. old females. Dancing every Friday night with no cover charge. Great place to eat, drink, watch sports, and hangout. [15 Apr 2005 20:13:58] Food: ***** Service: **1K* Recommended Dishes: Caesar chicken salad Ambiance: ***** Overall: Review Fitz's Pub & Lounge in United_States/CA/Tustin Headline Recommended Dishes Ratings Overall Pick Food pick one one pick one Reviewer Information r show my name (or nickname) with my review Name httn-//ehefmn7 nra/f TnitPri StntPQ/CA/Tmtin/1R;t70/)7e %,h 0/7,< unetMoz tiuung tiuicte -- Ututed States/CA/Tustin/Fitz's Pub & Lounge Page 3 of 3 F show my e-mail address with my review E-mail F Please provide a working email address so we can reach you if something in your review isn't clear. Reviews submitted without e- mail addresses will usually not be accepted. Your email will not be used for any other purpose (unless you ask that it be shown with your review - then we'll show it with your review, too). We will never send you unsolicited email, or sell your name to anyone, under any circumstances. F how my organization (or hometown) with my review Organization �— submit my review to � f Please note: this form does not send a message to the restaurant, it submits a review to the ChefMoz dining guide. * required field Editors: ., AV Copyright ® 1999-2003 Netscape. - Last updated 23 Apr 2005 21:36:46 EDT -di httn-//ch@fmn7 nro/ITmtPrl Qtatee/!'A/Tnetin/Fitvo/77e %A% 0/7A T .,,,....el nnenA»l-7 L. nt%I^-In....- Exhibit 4 j - Ir . t3 NOSUSr,'IW6 ' I TUSTIN POLICE DEPARTMENT x 1 ow O NO;RROSEdUT10N DESIRED :103^�T'� C3 INSURANCE REPORT �, , 300 CENTENNIAL WAY SUSPENDED ❑ COURTESY "SORT TUSTIN, CA 92780 RO RECORDS ❑ ppMEST1C3/IOLEN6E KO COURTESY 6 REFER 07HEA O 91AE MO IVAT9D ❑ GA"!!w►TRQ CRIMEIINCIDENT REPORT 3 ❑FEL ❑ CONpiLSENTIAL SEX CRIME O MISD. a COOL SECTION 7 CR1AEMdC001011YPE 1 PRMUAKCOUNTt p B+-coNo�+mcoutrra 10 arHER.coUwrB (� 11 o7wR.cauHra W t2 BPECIFlC LOCATION OF CRIME 13, OWURRERI14 DAT! 16 DAY 1e Tg1E 17 FIRM NAW W babon) a DATE WT, to TKn R 20 xt DATE .4i' DAY 23 TBAE ' 24 NAME (LASS. FIRST, MO ME) 26 OCCUPATION DO.B. 8EJ( : RAM O/ 126 WHT D I M 0400 O a CHI 0 x HISP. 0 3 ELK O e JAPN ❑ 7M O 1 P O 6 PJSL 01 VIET O 10 0tH 2/ RESIDENCE AOORESB30 CITY - STATE ZIP CODE 31 RE& PHONE c r . -v W. . ". 3! sus"" ADDRESS .. aLt7E u pit' ZIP CODE 3e eLra. PHONEasWT- 37 37 CODE 3e HANE OAXT, FIRST, MIDDLE) 31 OCCURKTION 40 0.0.8. 41 SEX 42 RACE ' o 1 0/ SID O. O 4 MBP 03 BIC O a JAPFI O 7 FIC O i P 0.1 P.IaL 9VIE'T 0100TH 43 P,lSID@NCE ADDRESS M MY SWE .. ZIP CODE 45 RES. ( 46 HT: 47 BUBIESS . 46 CITY STATE ZIP 000E M PHONE ADDRESS 60 WT: ( 61 CODE 6x NAME (LAST, FIRST, MIDDLE) I 63 000Ummm 61 DOD. 66 SEK 6e RACE O 1 WHT " O 1 M. p 1 Sp O e CHI F O 2 MSP ❑ 3 g� ❑ e'JAPN O 7 FIL 0 1 O" a PJSL 0 1 VIED O 10 OTH_ 57 RESIDENCE ADDRESS 6e CITY STAB ZIP CODE 61 W& P1p1E /0 H7: ° mXWESS 02 CITY ZIP COOS 63 BUB, M-0a a at WT: ( ) CODE a1 NAME (LAST. FIRST MOOM 97 OCCUFAMN /a DOD. a1 SEDC 70 RACE 0 i WHT ❑ 2 FaBP 0 1 M 0 400 0 $CHI 0 s SIX 0 aJAPN O"7 FB. - 01 P 0 a PJSL 0 1 VIET O 10 OTH, 71 RESIDENCE ADDRESS n CRY STxrE ZIP CODE 73 RES. PHONE 74 Kr.- T:n 73BUSINESS n CITY STA►E ZIP Dow 77aUS PHOTS n WT.,ADDREea ( ) n UCE141850 I e0 BTIO E a1 YEAR a3 MODEL e&oo1 _ D 0 W x 0 MOR - 4 O ft S O VAN S S, 9t,2 6.1T0 24)2 30 CONY 6oTIK= 70 &W O AV 10 o OTHER 10 A4C �r a6 COl.OR1D01.OR M d =POSITION OF V84CLE all ❑ t n�ERr: la A•wtn�ss To THE CRIME O 2 A SUSPECT WAS ARRESTED O 1 FII(WERPRIN S 91 ® 0 2 TOOLS 1. oNtiel eERVEti Ar SCENE 9Y : O 9 A SUSPECT WAS NAMED O 3 TOOL MARKINGS pf O 4 A SUSPECT CAN BE LOCATED O 4 GLASS 2. ENTRY MADE BY: PY O 6 PAW O 6 A SUSPECT CAN BE DESCR BULL a NAME OF PERSON SERVED: �� JJ ❑ 6 A SUSPECT CAN BE Il7FXpFlED ❑ B BULLET CASINO O 7 BULLET O 7 A SUSPECT VEHICLE CAN BEI 9MFIED O S RAPE KR 4. RESPONDENT SIGNATURE; ❑ a THERE is tDENTIFM�LE STOLEN PROPERTY O >t SEMEN O 0THERE ISASI#4NFI3ANTMO.' A 10.SIOQR, O 10 SLGN)F1CAN7 PHYSICAL EVIDENCE iS PRESENT O 11 l RIWE CSI. PEgWFIMEp SY� ❑ 11 THERE IS A MAJOR INJURY/SEX CRaIIE INVOLVED O 12 HAIR O 13 FIREARMS NAME a RI O 12 THERE 18 A GOOD POSSIBILITY OR A BC TION O 14 PHOTOfGRAPHS ❑ YS FURTHER INVEBTKiATION NEEDED O 16 OTHER (DESCRIBE) O 14 CRIME IS GANG RELATED NOTES. O 16 HATE CRIME RELATED TOTAL LOSS / DOLLAR AMOUNT o is REPRODUCTIVE HEALTH CRIME 93 SUPERVISOR AT ECHE: (RANK. NAME i ID NO.) M ROUTED BY 06 ENTTEncli BY BB DATE 07 MPORTING 10 NO. M DATE 9BNa JTA 7 100 DATE PD s10o (REV 1/103) PAGE 7;1— ADDITIONAL NAMES / LAW ENFORCEMENT PERSONNEL ONLY A- ASSISTED AT SCENE C- CRIME SCENE INVESTIGATION F- ASSIGNED FOLLOW-UP OFFICER P- PERIMETER ASSIST W- WITNESS Fri CF 122 CODE 123 NAME 124 RANK i25 AGENCY NAME TUSTIN POLICE DEPARTMENT 126 AGENCYADDREV.F--- CITY STATE ZIP. 127 AGENCY PHONE 300 CENTENNIAL WAY TUSTIN CA 278�O 128 CAN TESTIFY TO: 129 CODE1 I 731 RANK 132 AGENCY NAME AC TUSTIN POLICE DEPARTMENT 133 VAGENCY ADDRESS CITY STATE ZIP 134 AGENCY 300 CENTENNIAL WAY TUSTIN CA 92780 135 CAN TES nFY TO: F) 136 0 137 NAME fLAST, FIRST INITIAl 1 138 RAW 39 AGENCY NAME ri.11 TUSTIN POLICE DEPARTMENT AGENCY ADDRESS CITY- STATE ZIP 141 AGENCY 300 CENTENNIAL WAY TUSTIN CA 92780 142 CAN TESTIFY TO: le�c t lus� 143 CODE 144 NAME LAST, fIRBT SNIT 746 RANK 148 AGENCY POLICE DEPARTMENT 147 AGENCY ADDRESS ----T CITY STATE7jp 148 AGENCY PROW 300 CENTENNIAL WAY TUSTIN CA 92780 _ 149 CAN TESTIFY TO: 150 I 152 RANK 153 AGENCY NAME TUSTIN POLICE DEPARTMENT 154 AGENCYADDRESSCITY STATE 7JP AGENCY P GENCYP SsHONE 300 CENTENNIAL WAY TUSTIN CA 92780 150 CAN TESTIFY TO,. 157 CODE I I MA. % 159 RANK 161AGENCYNAME TUSTIN USTPOLICE OLICE DEPARTMENT' tel AGENCY ADDRESS CITY STATE ZIP 182 AGENCY P rro 300 CENTENNIAL WAY TUSTIN CA 92780 163 CAN TESTIFY TO: \ , V 104 C= I'm786 RANK 167 AGENCY NAME RESS C-S�Lz;t, CITYZp STATE I" CAN TESTIFY I 171 J;OOE 172 NAME (LASIT.- FIRSTAM" 173 RAW 174 AGENCY %"* 175 AGENCY ADDRmm- aB STATE ZIP 170 AGENCY N 177 CAN TESTIFY M 11TE 171I NAME (LAST. FIRST 180 RANK 141 AGENCY &JCY NAW t I N V \� . 182 AGENCY A CITY STATE ZIP 1813 AGENCY 184 CAN TESTIFY TO: 185 CODE 188 NA(LAST FIRST MnAl 1167 RANK 188 AGENCY NAME O iss AbENCYADDRE33- CITY STATE ZIP 190 AGENCY PHONE AG :17-7 4- 1-71 —7 191 CAN TESTI FYTO; ct 192 R 03 DATE APPROVED BY/ ID NCL 195CATE 1C) 1LA:Qf TDITOW(FIEV 9/99) t�oqq) PAGE 7;1— TUSTIN POLICE DEPARTMENT INFORMATION REPORT CR #05-7880 I received information from Tustin Code Enforcement reference Fitz's Pub & Lounge. Code Enforcement and Community Development expressed concerns that Fitz's was not following their conditions of approval and use restrictions on their conditional use permit (CUP). Code Enforcement had also received a call from a citizen on September 26`s, 2005 reference people urinating and drinking alcohol in the surrounding Fitz's parking lot. The citizen was also concerned about prostitution that may be occurring behind the Stater Brothers adjacent to Fitz's. On 10-13-05, I photographed the front of Fitz's. See attached. There was a message board next to the front door depicting the following. A flier reading, "CLUB FITZ EVERY FRIDAY NIGHT AT 9 PM." There were numerous photos next to this flier of people (approximately in their 20's) drinking alcohol. There was also a 5 W' X 4" card displayed on this message board. This card had a photo of a female and read "Club Fitz, The O.C's Hottest New Night, Spot, 21 And Over, $5.00 after 9:00pm, Saturday Nights, Dress to Impress." Detectives obtained one of these cards which were displayed for the taking inside of Fitz's. There was another message board next to the front door which read "Fitz's Event Schedule." This board also advertised ."Club Fitz's" along with football happy hours. On 10-14-05, Special Investigation and Gang Detectives, Alcohol and Beverage Control Investigators, and an Orange County Probation Officer conducted a surveillance at Fitz's. Detective �� and ABC Investigators IM and 1100M went undercover into Fitz's at approximately 2100 hours. Sergeant f0ft Detective ands d Probation Officer surveilled Fitz's front door and surrounding parking lot. an Detective andIM were in a marked police car at an off site location to assist US. Code enforcement expressed the following issues, and they were investigated as follows. • There should be no "all ages" dance club. I observed a male bouncer watching the front door. The bouncer checked most identifications entering the establishment, however I did see one female who appeared very young enter Fitz's without being carded. She walked by the bouncer who did not acknowledge her.see saw this female approach the bar and order a drink without being carded. We Midnot this female leave Fitz's therefore we were unable to identify her true age. Later that evening I saw four females who appeared very young enter Fitz's. These girls were carded by the bouncer. 9�saw three of these girls served alcohol without being carded. When these girls left, Detective MW and � attempted to stop their vehicle in order to identify them and establish their age however, the detectives could not find probable cause to stop them. These girls'were not identified. The registered owner of this car came back to a 24 year old female in Yorba Linda. • There must be full service of food menu items during all business hours. Detective J�� asked to see a menu at 2230 hours. The bartender toldl� the kitchen was closed. asked, "For everything?" She confirmed it was completely closed. Detective �� asked what the best thing on the menu was, she told him the chicken strips were. About five minutes later, ABC Investigator tried to order the chicken strips and the bartender told him the kitchen was closed. • 80% or more of the restaurant must be used for the service of meals. This must include table service, utensils and condiment dispensers on the tables. Detective did not see any utensils or condiments on the tables. • Shall not exceed 5 coin operated'games, 2 pool tables, and 16 .bar seats. Detective =said the coin operated games and pool tables were not in violation, however he saw approximately 45 bar stools. Closing hours are to be no later than 11 PM Sunday through Thursday, and no later than 12 AM Friday and Saturday, additionally,they are not to have promoters. . On, 10-13-05, I called Fitz's and asked what time they close on Fridays. A female who answered the phone told me 2AM. I asked her if it was open for all ages. She told me patrons must be 21. She then continued onto tell me their "big nights" are Saturday night because that is when the "promoter" comes. She told me they are open until 2AM on Saturdays also. On the evening of our surveillance (Friday, 10-14-05) we observed the bar was still open at 12:30 AM. At 12:OOAM, the bouncer opened the front gate. leading into the front patio area and left the front door unattended for the remainder of our surveillance. • A no loitering sign shall be placed near the entrance on the outside of the premises. I did not see such a sign. • There should be no litter present around the premises, and litter shall be picked up two times a day during open hours. Throughout the course of the night, the bouncer was smoking and threw approximately twenty of his cigarettes into the parking lot. Most people smoking on the patio smoked directly next to the front door, then threw their cigarettes into the parking lot while the bouncer passively watched. I did not see anybody picking up trash, and by the time we completed our surveillance I saw approximately 70 cigarette butts in the parking lot. • No alcohol outside of the establishment. Detectiveobserved a male drinking amber liquid from a clear rocks glass. believed it to be alcohol. The bouncer asked the male to bring the drink inside. The male walked over to_ the bench by the front door (still on the .outside patio), where he sat down and completed his drink. The bouncer did not ask him to bring the drink inside again. ABC Investigator 10� drank a bottle of beer on the patio area in front of the bouncer. After approximately 2 minutes, the bouncer asked him to bring his drink inside. 4� brought another beer onto the patio about an hour later. On this occasion, the bouncer quickly asked W� to bring the drink inside. We completed this surveillance at approximately 0030 hours. As earlier explained in this report, I was advised that Saturday nights at Fitz's was advertised by a promoter: On 11-05-05 at approximately 2230 hours,,Sergeantum Detective 10 j OfficerMUM Officer and Officer Oftretumed to Fitz's to conduct a surveillance. �� and Gwent undercover into the bar. and JM were in a marked patrol car parked in a remote area. Sergeant MM was parked in an undercover vehicle on the West side of Fitz's, and I was parked in an undercover vehicle in front of Fitz's on the South side. told me the inside of Fitz's looked the same as it did during the surveillance. conducted on 10-13-05. There were no tables set for dining and no condiments present. attempted to order food from the bartender and was told the kitchen was closed. There was serve yourself hot plate area which offered free chicken wings, drumsticks, and rice. This area did not appear to be replenished throughout the evening. The parking lot and the bar was not very crowded, there were approximately 40 people in the bar that evening. All subjects at the bar appeared to be 21 years of an or over. spoke to the disk jockey, and wife. They told thatowas the disk jockey there on Saturday nights, and Us advertised (promoted) Saturdays at Fitz's. They gave business card. On 10-13-05,� took a 4"X5" card which was displayed for people to take. This card was similar to the card on Fitz's message board next to the front door as described earlier in this report. This card was an advertisement for "Club Fitz" on Saturday nights. I observed approximately forty cigarette butts on the parking lot directly in front of Fitz's. I saw the bouncer throw cigarette into the parking lot. I watched a female patron draw with chalk on the parking lot in front of Fitz's. At approximately 2330 hours, I watched two males walk to their car on the West side of Fitz's approximately 100 feet away from the apartment building "Casa Cortez." These two males were speaking at the top of their voices, almost yelling, for approximately 3 minutes. They then got into their car and drove off very rapidly in an unsafe manner through the parking lot. Throughout the evening I saw approximately;4 other vehicles driven by Fitz's patrons. These patrons were also driving throughout the parking lot in a fast and unsafe manner. I saw four people drinking what appeared to be alcohol in front of Fitz's in the railing enclosed patio area by the front door. I watched a male sharing a drink with a female. It was an amber liquid (possibly whiskey) in a tumbler glass with a thin small straw. After about ten minutes, the bouncer spoke to them and they went inside. I watched two females share and complete a full red drink (possibly vodka/cranberry) out of a tumbler glass with a small straw. They were on the patio with the drink for about ten minutes. The bouncer either did not see him, or ignored the drink. �� brought his bottled beer out onto the patio and the bouncer asked him to go inside after about three minutes. I saw the bouncer speak to several other people with beverages as soon as they walked out on the patio, these people went inside immediately. At approximately 0100 hours,called me and described a male that he felt was being over served alcohol. I observed this male on the patio and agreed that he appeared to be extremely intoxicated. He was stumbling, and it appeared as though he almost got into a fight with another patron on the patio. He was kissing a female and it appeared he was holding himself up by pulling her hair as he was kissing her. I video taped his male. The bouncer stayed on the patio area for a majority of the evening checking identifications. At approximately 0135 hours, the bartender and DJ called last call and the music stopped shortly after. We stayed on our surveillance until approximately 0210 hours. The front door was still open and people were.still in the bar and on the patio. There was still no sign of the bar employees asking anyone to leave. At approximately 0145 hours, I observed a suspicious subject parked in a truck next to the front door of Fitz's. I watched this subject go into Fitz's, and return to his truck. A male was standing next to this truck and drinking out of what appeared to be a can of beer. I video taped him with this beer. I asked Viand I= to contact these subjects. for an investigation. The suspicious subject drove away and IM ander contacted the driver and occupants of the truck. It was then discovered that these subjects came to Fitz's to buy cocaine. Cocaine was found in the truck and an arrest was made. See CR # 05-08466 for further details on this arrest. I booked the following into TPD evidence: 1. A photo disk of the front of Fitz's and its message boards 2. The D.J.'s � business card 3. The promotional "Club Fitz" card U collected 4. The 8 mm audio/video tape of Fitz's patio and parking lot area during the surveillance t I ran a computer check on calls for service at Fitz's for the past year. I attached these calls. Some of these calls included the following: • A "rowdy, gangster type" crowd congregating "invited by a promoter." Police were called to deter a fight from happening that evening. • Approximately two drunk driving arrests. • A request for the back door to be closed due to loud music. • A subject arrested who was trying to fight. • A subject arrested on a warrant. • Drinking in the parking lot. • A subject arrested who was challenging other patrons to fight. • Vehicles screeching their tires and racing around the parking lot. • A hit and run. • Loitering in the parking lot. Contact TPD records for further information on these calls. TUSTIN POLICE DEPARTMENT, PROPERTY REPORT PAGE ITEOM 3 TYPE 4 OTY 5 ARTICLE O �.� 6 BRAND 7 MODEL 8 SERIAL. NOJOAN 8 VALUE 10 COl (S) 11 DESCRIPTION 12 PREMISE/ AREA/ ROOM TAKEN FROM 14 CURRENT LOCATION 15 ADDfI10NAL NOTES / SIGNATURE FOR RELEASED ri 1 -1 1 113SOURM ITEM ITEM 18 TYPE+ 17 CITY 1 16 ARTICLE 19 BRAND 20 MODEL 21 SERU►1 NOJO/W 22 VALUE 123COLO 6) 24 DESCRIPTION 25 PREMISE /AREA / ROOM TAKEN FROM 27 CURRENT LOCATION 28 ADDITIONAL. NOTES /S RE FOR RELEASED I rEM_ 126SOURCF- ITEM 29 TYPE �310QTY 131ARTICA1 32 BRAND f-U►'10 T �o SAL 33 MODEL 34 SERIAL NOJOAN 36 VALUE NO. / I , t 36 COLOR(S) 37 DESCRIPTION V �' SCJ �+Tv G H r S AS -Z'1 c r 38 PREMISE /AREA /ROOM TAKEN FROM 39 SOURCE 40 CURRENT LOCATION 4/ ADDITIONAL. NOTES / SIGNATURE, RELEASED ITEM ITEM 42 TYPE 43 QTY 48 MODEL 47 SERIAL NOJOAN 144ARTIC=&,,_,,, �45BRAND 48 V(AL�jU{E 40 COLOR(S) 50 DESCRIPTION d 51 PREMISE /AREA /ROOM TAKEN FROM52 SOURCE: 53 CURRENT LOCA=�4ADDrrK)N&OTES /SIGNATURE FOR REt F�cen ITEM ITEM 58 TYPE 66 QTY 68 BRAND 59 MODEL 60 SERIAL NOJOAN NO. 167ARTICLE . 61 VALUE 82 COLORS) 63 DESCRIPTION 64 PREMISE / AREA / ROOM TAKEN FROM 66 SOURCE: 66 CURRENT LOCATION' 87 ADDITIONAL NOTES / 6K3NAATURE FOR RELEASED ITEM ITEM AN TY 1 BRAN D 72 MODEL 73S IAL NO. 1.70 7 VAL 75 COLOR(S) 76 DESCRIPTION 77 PREMISE AREA /ROOM TAKEN FROM 78 SOURCE 79 CURRENT LOCATION 80 ADDITIONAL NOTES / 31GNATURE FOR RELEASED ITEM f1 EM 81 TYPE 82 QTY 83 BRAND 88 MODEL 88 SERIAL NOJOAN NO. 87 VALUE 1.84 88 COLOR(S) 89 DESCRIPTION 90 PREMISE / AREA! ROOM TAKEN FROM 191SOURCE.- 92 CURRENT LOCATION 193 ADDITIONAL NOTES / SIONATURE FOR RElEASEp ITEM PROPERTY RELEASED BY APPOINTMENT ONLY: Please refer to the back of your property receipt for properly release Information and InWLcWrM =FICE D NUMBER DATESIGNATURE FOR RECEIPT 0 RECEIPT MAILED ❑ REFUSED j0, .d PG OF 'D #107(REV. 4/02) BkwEvW*vo Copy WWtm-RSCords Copy Pink-cItiws Copy �5 rt K C >3 F sy 7 t t f 5 4j�y'$!' i7 r a �F ✓ r e ;�rit���tr.��'dnb Ilk W 14, ry t �S€d t 71 y Es P .�..... t '*: j h• J fi F t. { y.+ �' r�NF -Y�([�,� ? t5. r , j"� THU, 'OgT 274 2005, 1:12 PM CAD Address Inquiry Agency: P Address Exact: 14131 RED HILL AV Address Range: t Date: / Type: Sel: THU, OCT 27, 2005, 1:12 PM Odd/Even: Count: 251 Page: l of 21 RC/DI DI/AS AS/CC Incident 16:24 00:38 19:02 5TUO050652 00:00 00:00 99:99 5TUO050502 5TUO049714 00:00 00:00 13:40 5TUO048736 24:29 01:50 03:08 5TUO048273 00:00 00:00 07:30 5TU004'8249 01:41 03:06 99:99 5TUO046663 08:01 02:55 99:99.5TUO045848 00:30 02:52 99:99 5TUO045129 00:00 00:00 03:04 5TUO039861 00:00 00:00 05:32 5TUO039629 00:00 00:00 17:36 5TUO039138 Date Time Type NOI Dispo 1. 102205 2329 PC 415S 15 2. 102205 0203 TS TRAFFIC STOP 03 3. 101805 0945 INFO INFORMATION ONL COMP 4. 101205 1027 C6 OUT FOR INVEST COMP 5. 100905 2007 415E PARTY/MUSIC•DIS 05 6. 100905 1545 VC VEHICLE CHECK COMP 7. 093005 0008 415FIG FIGHT DISTURBNC 01 8: 092505 Q257 65:3Q. L0 TJ9lUNG--- 01 9.- 6.94061. 21s3U-390 DRWX IN- PUBLIC 01 10. 082105 2305 PED PED CHECK COMP 11.' 082005 1.543 TS TRAFFIC STOP' DW 12. 081705 1940 PED PED CHECK 01 THU, OCT 27, 2005, 1:12 PM Odd/Even: Count: 251 Page: l of 21 RC/DI DI/AS AS/CC Incident 16:24 00:38 19:02 5TUO050652 00:00 00:00 99:99 5TUO050502 5TUO049714 00:00 00:00 13:40 5TUO048736 24:29 01:50 03:08 5TUO048273 00:00 00:00 07:30 5TU004'8249 01:41 03:06 99:99 5TUO046663 08:01 02:55 99:99.5TUO045848 00:30 02:52 99:99 5TUO045129 00:00 00:00 03:04 5TUO039861 00:00 00:00 05:32 5TUO039629 00:00 00:00 17:36 5TUO039138 THU,'OCT 27, 2005, 1:13 PM CAD Address Inquiry Agency: P Address Exact: 14131 RED HILL AV Address Range: / Date: / Sel. Date Time Type 1. 081305 1321 PED 2. 081305 0141 TS 3. 071605 1751 PED 4. 071405 1927 505A 5. 070805 0108 415DV 6. 061905 0054 925C 7. 061805 2018 BS 8. 061605 1048 TS 9. 060405 0015 925C 10. 052805 0710 TS 11. 052605 0219 480 12. 052505 1813 TS NOI PED CHECK TRAFFIC STOP X2 RECKLESS DRIVIN DOMESTIC VIOLEN SUSP OCC VEH BIKE STOP TRAFFIC STOP TRAFFIC STOP ACCIDENT H/R IN TRAFFIC STOP Dispo COMP 01 05 05 COMP 06 COMP DC COMP DW 03 DC THU, OCT 27, 2005, 1:13 PM Odd/Even: Count: 251 Page: 2 of 21 RC/DI DI/AS AS/CC Incident 00:00 00:00 07:22 5TU0.038269 00:00.00:00 99:99 STUO038208 00:00 00:00 34:25 5TU0033168 00:52 09:57 29:57 5TUo032843 00:00 00:00 02:34 5TUO031650 01:11 02:24 04:15 5TUO028555 00:00 00:00 06:14 5TUO028509 00:00 00:00 24:01 5TUO028102 00:00 00:00 02:16 5TUO026171 00:00.00:00 08:51 5TUO025029 7 02:003:10 39:56 5TUO024547 00:00 00:00 15:19 5TUO024488 THU, ' OCT 27, 2005, 1: 13 PM CAD Address Inquiry Agency: P Address Exact: 14131 RED HILL AV Address Range / Date: / Type: Sel. THU, OCT 27, 2005, 1: 13 PM Odd/Even: Count: 251 Page: 3 of 21 RC/DI DI/AS AS/CC Incident. 04:04.03:06.99:9 9 5TUO024335 00:00 00:00 09:06 5TUO023848 00:00 00:00 04:4 9 5TUO023844 5TUO023752 00:32 01:38 99:99 5TUO023711 • 5TUO023710 00:00 00:00 06:22 5TU0023614 00:17 03:03 24:16 5TUO023609 5TUO023231 00:00 00:00 10:29 5TUO019752 01:54 03:23 14:43 5TU0018838 00:33 02:11 06:17 5TUO018232 Date Time Type NOI Dispo 1. 052505 0210 PC PATROL CHECK 01 2. 052105 2321 PC PATROL CHECK COP 3. 052105 2303 PC PATROL CHECK COP 4. 052105 1056 459A BURGLARY ALARM CANCEL 5. 052105 0129 415FIG FIGHT DISTURBNC 06 6. 052105 0122 24042R ASSAULT/BATTERY DUP 7. 052005 1644 BAIR 8. 051669" 1615" 3 0 DRUNk IINKPUBLIC 14MP 9. 051805 1411 928L CELL PHONE COMP . 10. 042805 1759 TS TRAFFIC STOP DC 11. 04?2Q �;` -SIC -DISTURBNC 05 12. . `225 i-41,51 Td"" I 06 THU, OCT 27, 2005, 1: 13 PM Odd/Even: Count: 251 Page: 3 of 21 RC/DI DI/AS AS/CC Incident. 04:04.03:06.99:9 9 5TUO024335 00:00 00:00 09:06 5TUO023848 00:00 00:00 04:4 9 5TUO023844 5TUO023752 00:32 01:38 99:99 5TUO023711 • 5TUO023710 00:00 00:00 06:22 5TU0023614 00:17 03:03 24:16 5TUO023609 5TUO023231 00:00 00:00 10:29 5TUO019752 01:54 03:23 14:43 5TU0018838 00:33 02:11 06:17 5TUO018232 THU., OCT 27, 2005, 1:13 PM w CAD Address Inquiry Agency: P Address Exact: 14131 RED HILL AV Address Range: / Date: / Sel. Date Time Type 1. 040805 2246 925C 2. 040805 2149 BAR 3. 040705 1520 390 4. 0313051722 925C 5. 030505 1325 415S 6. 021505 2133 PC 7. 021505 0218 925C 8. 012105 2032 PED 9. 011805 0215 PED 10. 011205 0914 459A 11. 010805 0144 415E L2. 010205 1411 925C Type: NOI BAR CHECK DRUNK IN PUBLIC SUBJ DISTURBANC PATROL CHECK SUSP OCC VEH PED CHECK PED CHECK BURGLARY ALARM PARTY/MUSIC DIS SUSP OCC VEH Dispo COMP COMP 01 15 06 COP 01 COMP COMP 10 05 COMP THU, OCT 27, 2005, 1: 13 PM Odd/Even: Count: 251 Page: 4 of 21 RC/DI DI/AS AS/CC Incident 00:00 00:00 00:18 5TU0016394- 00:00 00:00 09:42 5TU00163.77 00:00 00:00 99:99 5TUO016112 00:00 00:00 00:5 9 5TUO011983 00:25 03:38 05:17 5TUO010731 00:00 00:00 20:28 5TU0007807 06:33 00:46 99:99 5TU000766o 00:00 00:00 11:2 9 5TU0003494 00:00 00:00 04:33 5TU0002798 01:21 04:02 05:50 5TU0001795 45:38 04:26 04:17 5TU0001172 00:00 00:00 14:4 7 5TU0000241 rHU, OCT 27, 2005, 1:13 PM • -CAD Address Inquiry THU, OCT 27, 2 005, 1:13 PM %gency: P Address Exact: 14131 RED HILL AV Address Range: / Odd/Even: )ate: / Type: Sel : count: 251 Page: 5 of 21 Date Time Type NOI Dispo RC/DI DI/AS AS/CC Incident 1. 010105 0112 PC PATROL CHECK 15 00:00 00:00 02:47 5TU0.000024 2. 122904 2348 925C SUSP OCC VEH 06 00:40 01:01 09:11 4TUO068911 3. 122304 2354.415E PARTY/MUSIC DIS 06 00:48 04:17 05:05 4TUO068086 4. 121704 2329 PED PED CHECK 05 00:00 00:00 04:25 4TUO067010 5. 120404 0018 PC PATROL CHECK COMP 00:00 00:00 05:35 4TUO064719 6. 120104 0757 INFO C6/WS COMP 4TUO064157 7. 112604 2026 CC CITIZEN CONTACT COP 00:00 00:00 07:29 4TUO063327 8. 112004 0212 488 PETTY THEFT 03 00:00 00:00 99:99 4TUO062125 9. 111704 2137 C5 STAKEOUT. COMP 00:00 00:00 10:28 4TUO061698 0. 111004 1826 WC WELFARE CHECK 05 19:42.05:44.14:2.2 4TUO060524 1. 111004 0100 4155 SUBJ DISTURBANC 06 00:59 02:20 07:44 4TUO060357 2. 110504 0023 415S SUBJ DISTURBANC 03 02:55 03:46 99:99 4TUO059419 CIN01Q09 INCIDENT INQUIRY THU, OCT. 27, 2005, 1:27 PM FOR: 1041 page: 1 Recv: 102205 2329 Address: 14131 RED HILL AV Type: P/PC 4155 Reference: FITZS PUB TU Beat: 3 Pol Dst: 303 Fir Dst: 303 Map Guide: 83005 Census: 51ty. How Recv: PP Priority: 3 Di spo : 15 hh mm Time Stamps: Received: 23:29 Dispatch: 23:46 Enroute: At Scene: 23:46 Close: 00:05 Reporting Partyls: Address: Phone: hhhh mm ss hhhh mm ss :16:24 RC/AS: :.17:02 DI/AS.: :00:38 DI/CC: :19:40 :19:0.2 Comments: 0005/ CASE NUMBER = LI -05=00017567 (TU) 2329/X -ST = NISSON COMMON -NAME FITZS PUB 2329/ INCIDENT NUMBER: 5TUO050652 2329/ROWDY CROWD "GANGSTER'TYPE" PER CP, KEEP CONGREGATING,. CP CONCERNED AS 2329/THIS IS NOT THEIR USUAL CROWD, INVITED BY A PROMOTER TONIGHT, CP WOULD 2330/LIKE POLICE PRESENCE TO DETER 415 FROM HAPPENING 2349/DOING A BARCHECK ��`� 2356/C4 0005/CLOSED DISPO : CHECKED OKAY 0005/BIKE TEAM History: Unit/Empl Date Time Cmd Type 14131 RED HILL AV 10/22 23:29:55 RC - PC 660/1089 10/22 23:46:19 DC PC 670/1092 10/22 23:46:20 DC PC 680/1116 10/22 23:46:20 DC PC 690/1083 10/22 23:46:20 DC PC 660/1089 10/22 23:46:57 AC PC 670/1092 10/22 23:47:01 AC PC 680/1116 10/22 23:47:03 AC PC 690/1083 10/22 23:47:05 AC PC 97/677 10/22.23:47:17 DC PC 560/1089 10/22 23:50:07 QO PC 560/1089 10/22 23:50:07 SC PC 560/1089 10/22 23:50:15 QN PC 560/1089 10/22 23:50:15 SC PC 37/677 10/22 23:50:56 AC PC 360/1089 10/22 23:59:47 SC PC 560/1089 10/23 00:05:59 CC PC 170/1092 10/23 00:05:59 CC PC ;80/1116 10/23 00:05:59 CC PC ;90/1083 10/23 00:05:59 CC PC 37/677 10/23 00:05:59 CC PC 10/23 00:05:59 GC EOR- Location/Comments --------------- User 14131 RED HILL AV ____ 1106 1:4131 RED HILL AV 1121 14131 RED HILL AV 1121 14131 RED HILL AV 1121*. 14131 RED HILL AV 1121 14131 RED HILL AV 1121 14131 RED HILL AV 1121 14131 RED HILL AV, 1121 14131 RED FILL AV 1121 14131 RED HILL AV 1121 0 CA 14131 RED HILL AV 1106 1106 14131 RED HILL AV CA M 1106 14131 RED HILL AV 1106 14131 RED HILL AV 1121 14131 RED HILL AV 1121 14131 RED HILL AV 1121 14131 RED HILL AV 1121. 1121 14131 RED'HILL AV 1121 14131. RED HILL AV 1121 LI0500017567TU 1121 CIN01099 INCIDENT INQUIRY THU, OCT 27, 2005, 1:27 PM FOR: 1041 page-: 1 Recv: 102205 0203 F/Address: 14131 RED HILL AV Type: P/TS TRAFFIC STOP Reference;.FITZS PUBty_ TU Beat: 3 Pol Dst: 303 Fir Dst: 303 Map. Guide: 83005 Census: 51 How Recv: TS Reporting Party's: Priority: 4 MR TS Address: Dispo: 03 MR TS Phone: MR TS hh mm MR TS Time Stamps: Received: 02:03 hhhh mm ss hhhh mm ss Dispatch: 02:03 :00:00 RC/AS: :00:00 Enroute: 02:03 :00:00 DI/AS: :00:00 SC TS At Scene: 02:03 :00:00 DI/CC: 2:37:27 Close: 04:41 2:37:27 Comments: 0300/ CASE NUMBER CR -05-00008011 (TU). 0300/ CASE NUMBER .= AR -05-00003093 (TU) 0311/ CASE NUMBER = FI -05-00001558 (TU) 0203/ INCIDENT NUMBER: 5TUO050502 )203//�� )246/10=15 p��- ).248/REQ 92 ' ` )249/926A JOHNS )306/BRO GRAND MARQ 4D 22651H CVC )319/FCN/3950529501115 )323/REQ BLOOD TECH )324/ARR/CITE/REL VC23152A/B )326/1039 CFP )32 9/BLOOD TECH ETA 35-40 )400/LIVESCAN SENT 01 )441/CLOSED DISPO : ORIG REPORT TAKEN 1441/HAUG 1821/LIVESCAN RECEIVED [istory: fnit/Empl Date Time Cmd Type 10/22 FC TS 10/22 10/22 10/22 10/22 10/22 10/22 10/22 10/22 10/22 10/22 10/22 10/2.2 10/22 10/22 10/22 10/22 10/22 10/22 10/22 02:03 :56 02:03:56 02:03:56 02:03:56 02:04:03 02 :04:21 02:04:21 02:04:21 02:04:21 02:04:21 02 :04:21 02:04:21 02 :04:30 02:04:36 02:05:51 02:05:51 02:06:07 02:06:07 02:08:32 02:08:32 30/1124 QL TS 30/1124 SC TS 30/1124 TS TS 50/731 DC TS MR TS MR TS MR TS MR TS MR TS MR TS MR TS SC TS SC TS QN TS SC TS QO TS SC TS QO TS SC TS 30/1124 50/731 30/1124 30/1124 30/1124 30/1124 50/731 50/731 Location/Comments ------------• FITZ'S � CA . FITZ'S FITZ'S FITZ'S AD:FITZ'S BT: CN: FD: MG: PD: R: BEHIND FITZ'S BEHIND FITZ'S STEPHENS ANDREW 19840321 CA M BEHIND FITZ'S �� CA BEHIND FITZ'S CA BEHIND FITZ'S User 1106 1106 1106 1106 1106 1106 1106 1106 1106 1106 1106 1106 1106 1106 1121 1121 1121 1121 1121 1121 CIN010I INCIDENT INQUIRY THU, OCT 27, 2005, 1:27 PM FOR: 1041 Page: 2 350/731 10/2.2 02:08:59 QN TS 350/731 10/22 02:08:59 SC TS BEHIND FITZ'S CA M 1121 350/731 10/22 02:09:37 AC TS BEHIND FITZ'S 1121 S3/710 10/22 02:15:33 AS' TS 14131 RED HILL AV 731 330/1124 10/22 02:15:44 SC TS 14131 RED HILL AV 11061106 350/731 10/22.02:22:17 SC TS BEHIND FITZ'S 350/731 10/22 02:37:11 SC TS BEHIND FITZ'S 1106 350/731 10/22 02:52:11 SC TS BEHIND FITZ'S 1106 10/22 03:00:02 GC CR0500008011TU 1106 10/22 03:00:03 GC ARQ500003093TU 1106 330/1124 10/22 03:02:42 QL TS 1106 330/1124 10/22 03:02:42 SC TS 14133 HILL AV 1121 330/1124 10/22 03:05:30 SC TS TP/ENR STA 1015 1121 S3/710 10/22 03:06:40 CC TS 14131 RED HILL AV 1106 350/731 10/22 03:06:53 CC' TS BEHIND FITZ'S 1106 330/1124 10/22 03:07:53 SC TS TP/STA 1015 1106 10/22 03:11:12 GC FI0500001.558TU 1106 330/1124 10/22 04:41:15 DX 1121 10/.22 04:41:15 RX TS 14131 RED HILL AV 1106. 10/22 04:41:23 CC TS 14131 RED HILL AV 1106 -EOR- 1106 THU, OCT 27,, 2005, 1:28 PM Incident Inquiry THU, OCT 27, 2005, 1:27 PM Recv: 100905 2007 Address: 14131 RED HILL AV Type: -P/415E--- PARTY/MUSIC -DIS ----Reference: _- - FITZ'SPUBCity: TU -------------- 2007/X -ST = NISSON COMMON -NAME = FITZ'S PUB 2007/ INCIDENT NUMBER: 5TUO048273 2007/PLS CLOSE BACK DOOR - LOUD MUSIC DIST RESIDENCE IN THE AREA 2035/CONT W/SEC IN FRONT 2036/C4, DOOR CLOSED 203 7/CLOSED DISPO : ADVISED 203 7/WELDE History: Unit/Empl Date Time Cmd Type Location/Comments -------------- ----- ------- --- ------ --------- User 10/09 20:07:35 RC 415E 14131 RED HILL.AV 411/953 10/09 20:32:04 DC 415E 14131 RED HILL.AV 995 760/1081 10/09 20:32:04 DC 415E 14131 RED HILL AV 1106 1106 Count: 34 Page: 2 of 3 Printer: TUNET09 CIN01009 Recv: 093005 0008 Type: P/415FIG FIGHT Beat: 3 Pol Dst: How Recv : PP Priority: 2 Dispo: 01 INCIDENT INQUIRY THU, OCT 27, 2005, 1:28 PM FOR: 1041 page: 1 Address: -14131 RED HILL AV DISTURBNC Reference; FITZ'S PUB 303 Fir Dst: 303 Map Guide: 83005 Census: 51ty' TU Time Stamps: Received: Dispatch: Enroute: At Scene: Close: Reporting Party's: Address: hh mm Phone: 00:08 hhhh mm ss hhhh mm ss 00:09 :01:41 RC/AS: :04:47 DI/AS: :03:06 00:13 DI/CC: 3:48:59 03:58 3:45:53 Comments: 0113/ CASE NUMBER = CR -05-00007388 (TU) 0144/ CASE NUMBER = AR -05-00002879 (TU) 00081X -ST = NISSON COMMON -NAME = FITZ'S PUB 0008/ INCIDENT NUMBER: 5TU0046663 0008/CP WAS CONFRONTED BY 2 MALE.SUBJS TRYING TO FIGHT HIM - THEY WERE KICKED 0008/OUT & NOW 415 W/FEMS IN THE P/L. 0009/#1 - M H 30 BLK SHIRT/BJ SHORTS - #2=M.H 201S BLK T & 0009/BJ SHORTS - THEY ARE 390 0009/THEY ARE NOW NEAR THE EAST SIDE OF THE BLDG W/2 FEM'S 0010/CP IS NEAR ENTRANCE WEARING WHI T/DK SLACKS 0010/NO WPNS SEEN 0010/NOW WALKING NB ON RH 0013/OUT W/3 SUBJ'S RH/5 003 9/DOING IN FIELD LINE UP 004 0/POSITIVE ID ----- 0041/10-15 --- 0048/2ND WIT/VIC W/POSITIVE ID X245/ARR/BK/OCJ PC245 )358/CLOSED DISPO : ARRESTED )358/HOWARD/GARCIA 00:09:59 iistory: Jnit/Empl Date Time Cmd Type Location/Comments -------.----- ----- --- --- --- ------ ------- User 140/1071 09/30 00:09:59 DC 415FIG 14131 ____ 1121 :3/1029 09/30 00:09:59 DC 415FIG 14131 RED HILL AV RED HILL•AV 904 5/712 5/712 09/30 09/30 00:11:18 00:13:05 DC 415FIG 14131 RED HILL AV 904 904 :3/1029 09/30 00:13:27 AC AC 415FIG 415FIG 14131 14131 RED HILL AV 904 '5/712 09/30 00:13:34 SC 415FIG RED RED HILL AV HILL/5 904 :3/1029 09/30 00:13:40 SC 415FIG RED HILL/5 904 40/1071 09/30 00:14:15 AC 415FIG-14131 RED HILL AV 904 5/712 09/30 00:17:59 QN` 415FIG 904 5/712 09/30 00:17:59 SC 415FIG RED HILL/5 CA M 1121 5/712 09/30 00:18:21 QN 415FIG1121 5/712 09/30 00:18:21 SC 415FIG RED HILL/5 CA M 1121 3/1029 09/30 00:18:40 QN 415FIGSINUM9 1121 3/1029 09/30 00:18:40 SC 415FIG RED HILL 5 CA M 904 5/712 3/1029 09/30 00:27:37 SC 415FIG 14131 RED HILL AV 904 09/30 00:28:34 SC 415FIG RED HILL/5 904 10/1071 09/3000:34:14 SC 415FIG 14131 RED HILL AV 904 904 CIN01OP9 360/1002 360/1002 S5/712 360/1002 360/1002 K3/1029 55/712 360/1002 K3/1029 SS/712 340/1071 340/1071 K3/1029 340/1071 -EOR- INCIDENT INQUIRY THU, OCT .27,.2005, 1:28 PM FOR: 1041 Page: 2 09/30 01:12:42 DC 415FIG 14131 RED HILL AV 09/30 01:12:49 SC 415FIG RED HILL/5 09/30 01:12:57 SC 415FIG RED HILL/5 09/30 01:13:03 GC ' CRO500007388TU 09/30 01:16:30 AC 415FIG RED HILL/5 09/30 01:18:15 SC 415FIG 10-19 10-15 09/30 01:18:52 SC 415FIG 10-19 09/30 01:27:04 SC 415FIG RED HILL/5 09/30 01:27:27 CC 415FIG 10-19 10-15 09/30 01:27:34 SC 415FIG 10-15 STA 09/30 01:31:12 CC 415FIG RED HILL/5 09/30 01:33:35 SC 415FIG 10-19 09/30 01:44:03 GC AR0500002879TU 09/30 02:44:59 SC 415FIG TP OCJ 09/30 02:54:52 CC 415FIG 10-15 STA 09/30 03:58:58 CC 415FIG TP OCJ 904 904 904 904 904 904 904 JOB 904 904 904 904 1121 904 904 904 CIN010p 9 Recv: 092505 Type: P/653G Beat: 3 INCIDENT INQUIRY THU, OCT 27, 2005, 1:28 PM FOR: 1041 page: 1 0257 Address: 14131 RED HILL AV LOITERING Reference: FITZ'S PUB Pol Dst: 303 Fir Dst: 303 Map Guide: 83005 City: TU Census: 51 How Recv: PP 09/25 03:05:12 Reporting Party's: Priority: 3 09/25 03:05:12 Address: low 653G Dispo: 01 09/25 03:08:07 Phone: 653G C4/1019 09/25 hh mm AC 653G Time Stamps:' Received: 02:57 hhhh mm ss hhhh 04/1019 Dispatch: 03:05 :08:01 RC/AS: mm ss :10:56 04/1019 Enroute: 03:09:52 DI/AS: :02:55 .4/1019 At Scene: 03:08 DI/CC: 2:07:13 :4/1019 Close: 05:12 2:04:18 653G Comments: U400/ CASE NUMBER = CR -05-00007252. (TU) 0400/ CASE NUMBER = AR -05-00002837 (TU) 0257/X -ST = NISSON COMMON -NAME FITZ'S PUB 0257/ INCIDENT NUMBER: 5TUO045848 0257/6-8 SUBJS"HANGING OUT & POSS DRINKING IN P/L OF BUSN 0259/CP CALLED BACK, 415, REQ TO SEND AMBULANCE BECAUSE HE 0259/WOULD BE GOING TO CONFRONT THE SUBJS DRINKING AND 0300/DEMANDED OFCRS RESPOND IMMEDIATELY, ADVSD SUBJ TO STAY 0300/AT HIS RES UNTIL OFCRS RESPOND 0301/2ND CP: 0315/REQ YLW UNIT 0316/REQ YEL UNIT 0326/ETA 10-20 FOR YEL CAB 0353/1015 @ 0342 0440/ARR/BK/OCJ FOR 2 MISD OC ARREST 0440/WARRANTS $10K EACH BOTH FOR HS11364 0512/CLOSED DISPO ARRESTED 0512/MITCHELL 3istory: Jnit/Empl Date Time Cmd Type Location/Comments 09/25 02:57:11 RC 653G 09/25 02:58:27 MR 653G 710/1096 09/25 03:05:12 DC 653G (4/1019 09/25 03:05:12 DC 653G 710/1096 09/25 03:08:07 AC 653G C4/1019 09/25 03:08:07 AC 653G 04/1019 09/25 03:08:58 QL 653G 04/1019 09/25 03:08:58 SC 653G 04/1019 09/25 03:09:52 QL 653G .4/1019 09/25 03:09:52 SC 653G :4/1019 09/25 03:19:08 SC 653G '10/1096 09/25 03:24:37 QO 653G '10/1096 09/25 03:24:37 SC 653G- 10/1096 09/25 03:25:05 QN 653G 10/1096 09/25 03:25:05 SC 653G .4/1019 09/25 03:26:17 QN 653G 4/1019 09/25 03:26:17 SC 653G 4/1019 09/25 03:27:25 QN 653G 4/1019 09/25 03:27:25 SC 653G 10/1096 09/25 03:34:52 SC 653G User 14131 RED HILL AV RP: �� 1121 14131 RED HILL AV 1121 14131 RED HILL AV 1106 14131 RED HILL AV 1106 14131 RED HILL AV 1106 � TX 2006 1106 14131 RED HILL AV 1106 � CA 1106 14131 RED HILL AV 1106 14131 RED HILL AV 1106 �� CA 1121 14131.RED HILL AV 11.06 1106 14131 RED HILL AV CA M 1106 1106 14131 RED HILL AV CA M 1121 1121 14131 RED HILL AV M 1121 14131 RED HILL AV 1121 1121 CIN01009 INCIDENT INQUIRY THU, OCT 27, 20051 1:28 FOR: 1041 PM Page: 2 720/1003 720/1003 09/25 09/25 03:52:46 03:53:40 DC CC 653G 653G 14131 RED HILL AV 1121 K4/1019 09/25 03:53:03 SC 653G 1411 RED HILL AV 14131 RED HILL AV 1121 710/1096 09/25 03:55:37 SC 653G 1019 XiM 1121 710/1096 09/25'03:57:42 SC 653G 10155 1121 K4/1019 09/25 03:58:06 CC 653G 14131 RED HILL AV 1121 09/25 04:00:26 GC CRO500007252TU 1121 09/25 04:00:28 GC A.R0506002837TU 1121 710/1096 09/25 04:34:50 SC 653G ENR OCJ X2M 1121 710/1096 09/25 05:12:25 CC 653G ENR OCJ X2M 1121 -EOR- 11121 CIN01009 Recv: 092005 Type: P/390 Beat: 3 How Recv: E9 Priority: 2 Dispo: 01 INCIDENT INQUIRY THU, OCT 27, 2005, 1:29 PM FOR: 1041 page: 1 2153 Address: 14131 RED HILL AV DRUNK IN PUBLIC Reference: FITZ'S PUB Pol Dst: 303 Fir Dst: 303 Map Guide: 83005 Census: 51ty Time Stamps: Received: Dispatch: Enroute: At Scene: Close: Reporting Party's: Address: hh mm Phone: OWNS 21:53 hhhh mm ss hhhh mm ss 21':54 :00:30 RC/AS: :03:22 21:57 DI/AS: :02:52 DI/CC: 2:58:53 00:53 2:56:01 Comments: 2249/ CASE NUMBER.- CR -05-00007138 (TU) 2249/ CASE NUMBER = AR -05-00002788 (TU) 2153/X -ST = NISSON COMMON -NAME = FITZ'S PUB 2153/E911 - RP:BUSN/FITZ'S PUB & LOUNGE 2153/ INCIDENT NUMBER:.5TU0045129 2153/MH*34 GOATEE,NO SHIRT,JNS - SUBJ HBD & REMOVED FR ESTABLISHMENT HEIS NOW 2153/CHALLENGING OTHER PATRONS TO FIGHT OUTSIDE ON THE PATIO - NFD 2158/SUBJ IN MIDDLE OF ROAD ON RH IFO FITZ'S 2200/0UT W/390SUBJ 2203/C4 2224/ROJAS 2241/1015 ).322/ARR/BKD/HBJ: PC 647F )053/CLOSED DISPO ARRESTED )053/VILLARREAL/GARCIA iistory: lnit/Empl Date Time Cmd Type-- Location/Comments------- ----- - --- User 09/20 21:52:10 E9 390 14131 RED HILL AV -------- 09/20 21:53:52 RC 390 14131 RED HILL AV 995 10/1125 09/20 21:54:22 DC 390 14131 RED HILL AV 995. .60/1002 09/20 21:54:22 DC 390 14131 RED HILL AV" 11061106 :20/1022 09/20 21:55:28 DC 390' 14131 RED HILL AV 20/1022 09/20 21:55:30 SP 390 14131 .RED HILL AV 1106 10/1125 09/20 21:55:35 CC 390 14131 RED HILL AV 1106 60/1002 09/20 21:57:14 AC 390_ 14131 RED HILL AV 1106 20/1022 09/20 21:57:56 AC 390 14131 RED HILL AV 1106 10/1103 09/20 21:57:59 AS 390 14131 RED HILL AV 1106 60/1002 09/20 22:00:30 QN 390 1106 60/1002 09/20 22:00:30 SC 3901"31 -RED HILL AV M 995 60/1002 09/20 22:10:05 SC 390 14131 RED HILL AV' 995 995 20/1022 09/20 22:18:03 SC 390 14131 RED HILL AV 1106, 20/1022 09/20 22:24:01 QN 390 1106 20/1022 09/20 22:24:01 SC 390 14131 RED HILL AV CA M 995 20/1022 09/20 22:28:19 QN 390 995 20/1022 09/20 22:28:19 SC 390 14131 RED HILL AV CA M 995 20/1022 09/20 22:28:33 QO 390 6 1� CA 995 20/1022 09/20 22:28:33 SC 390 14131 RED HILL AV 995 10/1103 09/20 22:31:00. CC 390 14131 RED HILL AV 995 995 20/1022 09/20 22:37:49 SC 390 14131 RED HILL AV 1106 50/1002 09/20 22:43:26 SC 390 BA/S 1045 1106 1106 CIN010,09 INCIDENT INQUIRY THU, OCT 27, 2005, 1:29 PM FOR: 1041 Page: 2 360/1002 09/20 22:43:33 CC 390 BA/S 1045 09/20 22:49:40 GC AR0500002788TU 09/20 22:49:40 GC CRO500007138TU 420/1022 09/20 23:12:07 SC 390 ENR HBPD 1015 420/1022 09/21 00:49:22 SC 390 ENR HRPD 1015 09/21 00:52:51 RX 390 14131 RED HILL AV 09/21 00:53:16 CC 390 14131 RED HILL AV -EOR- 1106 995 995 1106 1106 1106 1106 CIN01009 INCIDENT INQUIRY THU, OCT 27, 2005, 1:31 Cmd Type Location/Comments--------------- PM FOR: 1041 page: 1 Recv: 081305 0141 F/Address: 14131 RED HILL AV Type: P/TS TRAFFIC STOP Reference,: FITZS PUB Beat: 3 Pol Dat: 303 Fir Dst: 303 Map Guide: 83005 Census: 51ty� TU How Recv: TS Reporting Party's: 08/13 Priority: 4 Address: FITZS P/L Dispo: 01 Phone: 33/710 hh mm 01:41:03 QL TS Time Stamps: Received: 01:41 hhhh mm ss hhhh Dispatch: 01:41. :00:00 RC/AS: mm ss :00:00 Enroute: 01:41 :00:00 DIAS: :00:00 At Scene: 01:41 :00:00 DI/CC: 3:32:41 Close: 05:13 3:32:41 FITZS P/L Comments: 330/1124 0245/ CASE NUMBER = CR -05-00006097 (TU) 0245/ CASE NUMBER AR -05-00002384 (TU) FITZS P/L 0141/ INCIDENT NUMBER: 5TUO038208 1121 0141//�� 08/13 01:45:46 0236/1015 0236/926 33/710 08/13 0253/926A ARCHIES TOW' SC TS FITZS P/L 032 0/GRN TOYT TUN P/U 22651H CA M 904 / 904 350/731 0321/FCN 3950522501217 01:52:03 DC TS 0513/ARR/BK/OCJ 0513/CLOSED DISPO : ARRESTED VC23152A/B 0513/HAUG 08/13 History: Unit/Empl----- Date- Time--- Cmd Type Location/Comments--------------- -- User 08/13 01:41:0.3 FC TS FITZS P/L -- 33/710 08/13 01:41:03 QL TS � CA 1121 33/710 08/13 01:41:03 SC TS FITZS P/L 11211121 33/710 08/13 01:41:03 TS TS FITZS P/L 330/1124 08/13.01:43:11 AS TS FITZS P/L 1121 33/710 08/13 01:45:46 QN TS 1121 33/710 08/13 01:45:46 SC TS FITZS P/L CA M 904 / 904 350/731 08/13 01:52:03 DC TS FITZS P/L 08/13 01:52:59 MR TS AD:FITZS P/L 1121 08/13 01:52:59 MR TS BT: 1121 08/13 01:52:59 MR TP CN: 1121 08/13 01:52:59 MR TS FD: 1121 08/13 01:52:59 MR TS MG: 1121 08/13 01:52:59 MR TS PD: 1121 08/13 01:52:59 MR TS R: 1121 3/710 08/13 01:55:09 SC TS FITZS P/L 1121 / 1121 50/731 08/1301:57:44 AC TS 14131 RED HILL AV 10/1125 08/13 02:08:54 DC TS 14131 RED HILL AV 731 10/1125 08/13 02:08:59 SC TS PU PAZ 1121 50/731 08/13 02:09:02 SC TS 14131 RED HILL AV 1121 10/1125 08/13 02:11:12 SC TS STA 1121 10/1125 08/13 02:14:42 SC TS 14131 RED HILL AV 1121 3/710 08/13 02:14:46 SC TS 14131 RED HILL AV 1121 10/1125 08/13 02:17:53 AC TS 14131 RED HILL AV 1121 10/1125 08/13 02:36:54 CC TS 14131 RED HILL AV 904 30/1124 08/13 02:42:06 SC TS 1019 X1M 1015 1121 1121 CIN01009 INCIDENT INQUIRY THU, OCT 27, 2005, 1:31 PM FOR: 1041 Page: 2 08/13 02:45:50 GC CRO500006097TU 08/13 02:45:55 GC AR0500002384TU 1121 350/731 08/13 02:54,:05 QL TS 1121 3.50/731 08/13 02:54:05 SC TS 141��E HILL AV 904 904 350/731 08/13 03:04:06 SC TS 14131 RED HILL AV 904 S3/710 08/13 03:04:46 CC TS 14131 RED HILL AV 1121 350/731 08/13 03:10:05 QR TS ER 731 1121 350/731 08/13 03:21:56 CC TS 14131 RED HILL AV 038208 330/1124 08/13 04:01:28 SC TS 1015S X1 1121 310/1125 08/13 04:21:38 DC TS 14131 RED HILL AV 1121 310/1125 08/13 04:21:42 SC TS 10-19 904 340/1011 08/13 04:22:23 DC TS 14131 RED HILL AV 904 310/1125 08/13 04:22:25 CC TS10-19 904 340/1071 08/13 04:22:28 SC TS 10-19 904 340/1071 08/13 04:30:33 AC TS 10-19 904 340/1071 08/13 04:34:03 SC TS ENR OCJ X1 904 330/1124 08/.13 04:34:09.SC TS STA 1121 330/1124 08/13 04:35:31.CC TS STA 1121 340/1071 08/13 04:41:41 SC TS OCJ 1121 340/1071 08/13 05:11:36 DX 1121 08/13 05:11:36 RX TS 14131 RED HILL AV 1121 08/13 05:13:44 CC TS 14131 RED HILL AV 1121 -EOR- 1121 CIN01009 Date Time INCIDENT INQUIRY THU, OCT 27, 2005, 1:31 07/14 19:27:12 RC 415S FOR: 1041 PM page: Recv: 071405 Type: P/505A 1927 RECKLESS DRIVIN Address: 14131 RED HILL AV 1 Beat:,3 Pol Dst: 303 Fir Reference: FITZS PUB Dst: 303 Map Guide: TU (30/1062 07/14 19:28:04 DC 83005 Census: 51ty• How Recv: PP 19:28:04 Reporting Partyls: 505A. 130/1062 Priority: 2 19:38:01 AC Address: 50/1075 07/14 Dispo: 05 AC 505A Phone: 07/14 CELL Time Stamps: Received: hh mm 19:27 hhhh mm ss hhhh SC 505A Dispatch: 19:28 :00:52 RC/AS: mm ss :10:49 505A 50/1075 Enroute: At Scene: 19:38 DI/AS: :09:57 07/14 Close: 20:07 DI/CC: :29:57 :39:54 Comments: 2007/ CASE NUMBER = LI -05-00011368 (TU) 1927/X -ST = NISSON COMMON -NAME = FITZS PUB 1927/ INCIDENT NUMBER: 5TUO032843 1927/WHI GEO PRISM RACING AROUND & SCREACHING TIRES IN P/L 1927/CP THINKS HE MAY POSS BE 390 & FROM FITZ'S 1928/PLATE SIMILAR TO 2 007/CLOSED DISPO : ADVISED �R U1J 11C 2007/TAYLOR-PAWC'D RP iistory: Jnit/Empl Date Time Cmd Type 07/14 19:27:12 RC 415S AV 07/14 19:27:53 MR 4155 HILL 07/14 19:27:53 MR 415S (30/1062 07/14 19:28:04 DC 505A 150/1075 07/14 19:28:04 DC 505A. 130/1062 .07/14 19:38:01 AC 505A 50/1075 07/14 19:38:01 AC 505A 30/1062 07/14 19:58413 SC 505A 50/1075 07/14 19:58:14 SC 505A 30/1062 .07/14 20:07:58 CC 505A 50/1075 07/14 20:07:58 CC 505A 07/14 20:07:58 GC EOR- Location/Comments 14131 RED -HILL AV TY:415S TY:SUBJ DISTURBANC 14131 RED HILL AV 14131 RED HILL AV 14131 RED HILL AV 14131 RED HILL AV 14131 RED HILL AV 14131 RED HILL AV 14131 RED HILL AV 14131 RED HILLi AV LI0500011368TU User 1121 ,1087 1087 1087 1087 1087 1087 1087 1087 1087 1087 1087 CIN01009 INCIDENT INQUIRY THU, OCT 27, 2005, 1:34 PM User 14131 RED FOR: 1041 page: 1 Recv: 061905 0054 PH: Address: 14131 RED HILL AV Type: P/925C SUSP OCC VEH Reference: FITZ'S PUB Beat: 3 Pol Dat: 303 Fir Dst: 303 Map Guide: city: TU 83005 Census: 51, How Recv: PP Reporting Party's: 14131 Priority: 2 HILL AV Address: CELL 14131 Di apo : 06 HILL AV Phone: 14131 RED HILL hh mm 1121 14131 Time Stamps: Received: 00:54 hhhh mm ss hhhh mm ss RED Dispatch: 00:56 :01:17 RC/AS: :03:41 RED Enroute: AV DI/AS: :02:24 RED At Scene: 00:58 DI/CC: :06:39 RED Close: 01:02 :04:15 14131 Comments: 0102/ CASE NUMBER - LI -05-00009703 (TU) 0054/X -ST a NISSON COMMON -NAME - FITZ'S PUB 0054/ INCIDENT NUMBER: 5TUO028555 0054/6 OR 7 MALE ASIANS WERE CHASING PATRONS AROUND THE PL - LEAVING IN A 0054/BLK . LEXUS CA/UNK - DOT SB REDHILL - NOW TURNING INTO -A COMPLEX ON RH 005 5/TO CONTINUE CHASING MORE PEOPLE. PALMWOOD LUXURY APTS 0055/SUBJS HAD THEIR SHIRTS OFF AND WERE WANTING TO FIGHT 0055/THE OTHER PATRONS 010 0/SO ALY OF PINEWOODS IS CLEAR 0100/C4 OUT W/PATRON 0102/CLOSED DISPO : UTL/GOA 0102/CARSON History: Unit/Empl -------------- 721/1110 730/1112 590/1071 560/1089 730/1112 190/1071 360/1089 390 /1071 ►21/1110. '30/1112 EOR - Date, Time Cmd Type 06/19 00:54:59 RC 925C 06/19 00:55:49 MR 925C 06/19 00:55:49 MR 9250 06/19 00:55:49 MR 925C 06/19.00:56:16 DC 925C 06/19 00:56:16 DC 9250 06/19 00:57:27 DC 925C 06/19 00:58:01 AS 925C 06/19 00:58:40 AC -925C 06/19 01:00:28 AC 925C 06/19 01:02:55 CC 9250 06/19 01:02:55 CC 925C _.06/19 01:02:55 CC 925C 06/19 01:02:55 CC 925C 06/19 01:02:55 GC Location/Comments --------------- User 14131 RED HILL AV 1099 PH: RA' 1099 RP. 1099 14131 RED HILL AV 1099. 1121 14131 RED HILL AV 1121 14131 RED HILL AV 1121 14131 RED HILL AV 1121 14131 RED HILL AV 1121 14131 RED HILL AV 1071 14131 RED HILL AV 1121 14131 RED HILL AV 1121 14131 RED HILL AV 1121 14131 RED HILL AV 1121 LI0500009703TU 1121 CIN01009 Recv: 052605 Types P/480 Beat: 3 How Recv: PP Priority: 1 Dispo: 03 Time Stamps: INCIDENT INQUIRY THU, OCT. 27, 2005, 1:36 PM FOR: 1041, page: 1 0219 Address: 14131 RED HILL AV ACCIDENT H/R IN Reference; FITZ'S PUB TU Pol Dst: 303 Fir Dst: 303 Map Guide: 83005 Census: 51ty� Reporting Party's: Comments: 0242/ CASE NUMBER CR -05-00004068 (TU) 0219/X-ST - NISSON COMMON -NAME FITZ'S PUB 0219/ INCIDENT NUMBER: 5TUO024547 02.9/VEH HIT PARKED CAR & PED 0219/ SB RH TO WAL } r3 0222/OC FIRE ENR X223/31 YR OLD MALE HIT BY CAR )224/CP'S ARE ALL 390-0i*Zui,,D11 )227/SUSP VEH - SMALL GOLD 2DR - M ASIAN DRIVER )230/VEH - FRONT END DMG )23 0/UNK PLT )235/UTL SB RH/WB EDI TO 55 )304/SEJA )304/CLOSED DISPO ; ORIG REPORT TAKEN iistory: Tni t /Empl 80/655 �80/655 80/655 60/963 50/1075 30/1062 30/1062 40/1069 40/1069 80/655 30/1062 40/1069 40/1069 30/1062 30/1062 10/1069 30/963 30/655 i0/1075 Date Time Cmd Type 05/26 02:19:42 RC 480 05/26 02:21:49 DC 480 05/26.02:22:06 EN 480 05/26 02:22:21 MR 480 05/26 02:22:21 MR 480 05/26 02:22:22 MR 480 05/26 02:24:59 AC 480 05/26 02:25:38 AS 480, 05/26 02:28:48 AS 480 05/26 02:30:48 DC 4.80 05/26 02:30:52 SC 480 05/26 02:30:59 DC 4.80 05/26 02:31:01 SC 480 05/26 02:31:04 SC 480 05/26 02:33:38 AC 480 05/26 02:33:38 AC 480 05/26 02:33:42 SC 480 05/26 02:39:38 SC 480 05/26 02:42:47 GC 05/26 02:46:06 CC 480 05/26 02:48:31 CC 480 05/26 02:50:45 CC 480 05/26 03:04:47 CC 480 05/26 03:04:55 CC 480 Location/Comments -------------------------------- 14131 RED HILL AV 14131 RED HILL AV 14131 RED HILL AV RA:.. RP: PH : . 14131 RED HILL AV 14131 RED HILL AV 14131 RED HILL AV 14131 RED HILL AV AREA CK 14131 RED HILL AV 14131 RED HILL AV 14131 RED HILL AV AREA CK 14131 RED HILL AV AREA CK FITZ'S CRO500004068TU FITZ'S AREA CK 14131 RED HILL AV 14131 RED HILL AV - 14131 RED HILL AV , CELL User 909 909 655 909 909 909 655 909 909 909 909 909 909 909 909 909 909 1087 1087 1087 1087 1087 1087 087 Address: Phone: hh mm - Received: 02:19 hhhh mm ss hhhh Dispatch: 02:21 :02:07 RC/AS: mm ss :05:17 Enroute: 02:22 :00:17 DI/AS: :03:.10 At Scene: 02:24 :02:53 DI/CC: :43:06 Close: 03:04 :39:56 Comments: 0242/ CASE NUMBER CR -05-00004068 (TU) 0219/X-ST - NISSON COMMON -NAME FITZ'S PUB 0219/ INCIDENT NUMBER: 5TUO024547 02.9/VEH HIT PARKED CAR & PED 0219/ SB RH TO WAL } r3 0222/OC FIRE ENR X223/31 YR OLD MALE HIT BY CAR )224/CP'S ARE ALL 390-0i*Zui,,D11 )227/SUSP VEH - SMALL GOLD 2DR - M ASIAN DRIVER )230/VEH - FRONT END DMG )23 0/UNK PLT )235/UTL SB RH/WB EDI TO 55 )304/SEJA )304/CLOSED DISPO ; ORIG REPORT TAKEN iistory: Tni t /Empl 80/655 �80/655 80/655 60/963 50/1075 30/1062 30/1062 40/1069 40/1069 80/655 30/1062 40/1069 40/1069 30/1062 30/1062 10/1069 30/963 30/655 i0/1075 Date Time Cmd Type 05/26 02:19:42 RC 480 05/26 02:21:49 DC 480 05/26.02:22:06 EN 480 05/26 02:22:21 MR 480 05/26 02:22:21 MR 480 05/26 02:22:22 MR 480 05/26 02:24:59 AC 480 05/26 02:25:38 AS 480, 05/26 02:28:48 AS 480 05/26 02:30:48 DC 4.80 05/26 02:30:52 SC 480 05/26 02:30:59 DC 4.80 05/26 02:31:01 SC 480 05/26 02:31:04 SC 480 05/26 02:33:38 AC 480 05/26 02:33:38 AC 480 05/26 02:33:42 SC 480 05/26 02:39:38 SC 480 05/26 02:42:47 GC 05/26 02:46:06 CC 480 05/26 02:48:31 CC 480 05/26 02:50:45 CC 480 05/26 03:04:47 CC 480 05/26 03:04:55 CC 480 Location/Comments -------------------------------- 14131 RED HILL AV 14131 RED HILL AV 14131 RED HILL AV RA:.. RP: PH : . 14131 RED HILL AV 14131 RED HILL AV 14131 RED HILL AV 14131 RED HILL AV AREA CK 14131 RED HILL AV 14131 RED HILL AV 14131 RED HILL AV AREA CK 14131 RED HILL AV AREA CK FITZ'S CRO500004068TU FITZ'S AREA CK 14131 RED HILL AV 14131 RED HILL AV - 14131 RED HILL AV , CELL User 909 909 655 909 909 909 655 909 909 909 909 909 909 909 909 909 909 1087 1087 1087 1087 1087 1087 087 CIN010a9 I -EOR- INCIDENT INQUIRY THU, OCT 27, 2005, 1:36 PM FOR: 1041 Page: 2 CIN01099 Recv: 052505 Type: P/PC Beat 3 INCIDENT INQUIRY THU, OCT 27, 2005, 1:36 PM FOR: 1041 page: 1 0210 Address: 14131 RED HILL AV PATROL CHECK Reference; FITZ'S PUB TU Pol Dst: 303 Fir Dst: 303 Map Guide: 83005 Census: 51ty� How Recv: E9 Reporting Party's: Priority: 3 Address: Dispo: 01 Phone: shwn hM mm Time Stamps: Received: 02:10 hhhh mm ss hhhh mm ss Dispatch: 02:14 :04:04 RC/AS: :07:.10 Enroute:. DI/AS: :03:06 At Scene: 02:18 DI/CC: 4:19:49 Close: 06:34 4:16:43 Comments: 0310/ CASE NUMBER = CR -05-00004038 (TU) 0418/ CASE NUMBER = AR -05-00001505 (TU) 0418/ CASE NUMBER = AR-05-00001506.(TU) 0210/X -ST NISSON COMMON -NAME•= FITZ'S PUB 3210/F911 - RP:BUSN/FITZ'S PUB & LOUNGE / 3210/ INCIDENT NUMBER: 5TUD024335 7,210/GROUP LOITERING IN PARKING LOT, CP THINKS THERE MIGHT BE A FIGHT 7218/SB THRU ALLEY C3 FOLLOW 05/25 )218/MITCH EO RH E9 )218/ALLEY ON S/SIDE RED )219/WHI LINO NAV, NO PLTS 02:10:53 )220/2 AT GUNPOINT, 1 IN CAR, 1 OUT OF CAR )220/3RD SUBJ RAN THRU ALLEY TOWARD MITCHELL )220/MH 6' UNK CLOTHING DC 1221/CLERK AT ARCO ADVISES BEER RUN 30/1096 )221/LAST SEEN RUNNING .WB MITCHELL TO FRONTIER PARK )222/SUSP - LT COLORED CLOTHING AC )224/1015 20/1083 )226/10-3 02:18:22 )233/2ND 1015 PC 1233/UTL 3RD SUBJ IN.FRONTIER PARK 05/25 1240/C4. DC j310/926A ARCHIES 20/1083 330/22651H; WHI 05 LINC NAV 4D, NO PLTS, 28 SHOWS 358/FCN 3950514501002 PC 516/REQ YEL CAB TO TPD 517/ARR/849B: 517/1039 YEL CAB ETA 15-20 601/ARR/BOOK/OCJ: 211 PC 615/MITCHELL 634/CLOSED DISPO : ARRESTED istory: nit/Empl Date Time Cmd Type Location/Comments 14131 05/25 02:10:09 E9 PC RED 05/25 02:10:53 RC PC 30/1096 05/25 02:14:57 DC PC 30/1096 05/25 02:18:03 AC PC 20/1083 05/25 02:18:22 DC PC 1/677 05/25 02:19:40 DC PC 20/1083 05/25 02:20:17 AC PC Location/Comments 14131 RED HILL AV 14131 RED HILL AV 14131 RED HILL AV 14131 RED HILL AV 14131 RED HILL AV 14131 RED HILL AV 14131 RED HILL AV User 909 909 909 909 909 909 909 CIN01019 " INCIDENT INQUIRY THU, OCT 27, 2005, 1:36 PM FOR: 1041 Page: 2 410/1047 05/25 02:20:46 DC PC 14131 RED HILL AV S4/677 05/25 02:20:54 AC PC 14131 RED HILL AV 909 410/1047 05/25 02:21:41 SC PC FRONTIER PARK 909 570/625 05/25 02:21:45 AS PC 14131 RED HILL AV 909 570/625 05/25 02:21:52 SC PC FRONTIER PAP 909. 410/1047 05/25 02:21:58 AC PC FRONTIER PARK 909 410/1047 05/25 02:22:04 SC PC STATER BROS 909 460/988 05/25 02:23:01 DC PC 14131 RED HILL AV 909 460/988 05/25 02:23:10 AC PC 14131 RED HILL AV 909 460/988 05/25 02:25:38 CC PC 14131 RED HILL AV 909 430/1096 05/25 02:33:14 SC PC 14131 RED HILL AV 909 420/1083 05/25 02:33:16 SC PC 14131 RED HILL AV 909 S4/677 05/25 02:33:19 SC PC 14131 RED HILL AV 909 410/1047 05/25 02:36:23 QR PC ER 1047 909 570/625 05/25 02:38:12 CC PC FRONTIER PARK 024335 460/988 05/25 02:40:13 AS PC 14131 RED HILL AV 909 410/1047 05/.25 02:42:11 CC PC STATER BROS 909 420/1083 05/25 02:51:03 QN PC CA M 909 420/1083 0.5/25 02:51:03 SC PC 14131 RED HILL AV. 1087 420/1083 05/25 02:51:40 SC PC 14131 RED HILL AV 1087 420/1083 05/25 02:51:41,QO PC CA 1087 94/677 05/25 02:51:43 SC PC AREA, CK 108 7 420/1083 :3 05/25 02:529 QN PC CA 9019 M 908 420/1083 05/25 02:52:39 SC PC 14131 RED HILL AV 1087 460/988 .05/25 02:53:07 CC PC 14131 RED HILL AV 087 1 109 34/677 05/25 02:59:56 CC PC AREA CK 420/1083 05/25 03:02:10 SC PC 14131 RED HILL AV 909 909 130/1096 05/25.03:04:50 QV PC CA 130/1096 05/25 03:04:50 SC PC 14131 RED HILL AV 909• 909 120/1083 05/25 03:09:18 SC PC MITCH/RH 05/25 03:10:58 GC CROS00004038TU 909 909 130/1096 05/25 03:11:09 SC PC 14131 RED HILL AV 909 130/1096 05/25 03:11:19 SC PC MITCH/RH 120/1083 05/25 03:18:36 SC PC TP/1019 1015 909 X20/1083 05/25 03:22:26 SC PC 1015 STA X2 909 909 430/1096 05/25 0.3:33:29 SC PC ARCO F/UP 630/1096 05/25 03:53:42 QR PC ER 1096 909 130/1096 05/25 03:54:31 SC PC 1019 024336 620/1083 05/25 03:57:36 QO PCS CA 909 620/1083. 05/25 03:57:36 SC PC 1015 STA X2 909 620/1083 05/25 03:58:32 QN PC� I`'j 909 620/1083 05/25 03:58:32 SC PC 1015 STA X2 909 909 620/1083 05/25 04:08:50 SC PC 1015 STA X2 909 .20/1083 05/25 04:09:19 QN PC CA M 909 :20/1083 05/25 04:09:19 SC PC 1015 STA X2 909 :20/1083 05/25 04:11:20 QN PC CA M 909 :20/1083 05/25 04:11:20 SC PC 1015 STA X2 909 :20/1083 05/25 04:12:51 QN PC CA M 909 20/1083 05/25 04:12:51 SC PC 1015 STA X2 909 20/1083 05/25 04:13:02 QN PC MOMM CA M 909 20/1083 05/25 04:13:02 SC PC 1015 STA X2 909 20/1083 05/25 04:17:20 SC PC 1015 STA X2 909 05/25 04:18:28 GC AR050000150STU 109 87 05/25 04:18:31 GC AR0500001506TU 1087 30/1096 05/25 04:29:31.SC PC STA 10/1047 05/25 05:25:58 AS PC 14131 RED HILL AV 1087 909 10/1047 05/25 05:26:01 SC PC STA 909 420/1093 CIN01009 410/1047 410/1047 410/1047 430/1096 430/1096 410/104,7 410/1047 -EOR- 05/25 05:27:48 CC PC 1015 STA X2 INCIDENT INQUIRY THU, OCT 27, 2005, 1:36 PM FOR: 1041 Page: 3 05/25 05:49:13 SC PC ENR.00J ST 0.0 05/25 05:51:51 QR PC ER 1047 909 05/2.5 05:59:36 SC PCAT OC�3 END 3,9 024355 05/25 06:07:53 SC PC STA 909 05/25 06:15:17 CC PC STA 1087 05/25 06:26:11 QR PC ER 1047 909 05/25 06:34:46 CC PC AT OCJ END 3.9 024355 1044 Exhibit la Community Development Department C. V February, , 2006 Gregory Fitzgerald 14131 Red Hill Avenue Tustin, CA 92780 City of Tustin 300 Centennial Way Tustin, CA 92780 714.573.3100 SUBJECT: VIOLATIONS OF CONDITIONAL USE PERMIT 98-029 FOR FITZ RESTAURANT LOCATED AT 14131 RED HILL AVENUE Dear Mr. Fitzgerald: On April 19, 1999, the City Council adopted Resolution No. 99-29 approving Conditional Use Permit 98-029 authorizing alcoholic beverages to be served on-site in conjunction with a restaurant use at 14131 Red Hill Avenue (Attachment 1). Since the approval, the City has received numerous complaints regarding the facility and has conducted observations and surveillances by the City's Code Enforcement and the Tustin Police Department. As a result of the investigations, we observed a number of violations of conditions of approval as follows: Condition 1.8: Audited financial statements and schedules separately identifying gross sales of food and gross sales of alcohol must be submitted to the Community Development Director for annual review. The gross receipts of food sales must exceed the gross receipts of alcohol sales. If gross receipts of alcohol exceed food sales, the Community Development Director shall initiate proceedings to revoke the Conditional Use Permit. Comment: As of the date of this letter, no financial statements or schedules identifying gross sales of food and alcohol have been submitted to the City for review. 2. Condition 2.3: Hours of sales of alcoholic beverages shall be limited to the hours when food is available. Service of food menu items shall be available during all business hours. Comment: Food items are not always available during business hours. 3. Condition 2.4: Operating hours shall be consistent with other businesses within the commercial center. The closing hours shall be 11:00 p.m. Sunday through Thursday and 12:00 a.m. Friday and Saturday. No new patrons shall be admitted after the closing hours and patrons shall vacate the premises within thirty (30) minutes after closing time. Comment: The City observed that the business was open later than midnight on Friday night. In addition, when calls were made inquiring about the closing time of the restaurant, patrons were informed of a 2:00 a.m. closing on Fridays and Saturdays. Fitz February 9, 2006 Page 2 of 3 4. Condition 2.9: Authorization for the on-site sales of beer, wine, and distilled spirits (ABC License Type "47") is contingent upon the use of the subject premises remaining a restaurant. Should this use change or be discontinued, authorization for this use permit is null and void. Condition 2.14: The entire facility, which includes all three (3) levels, shall operate exclusively as a restaurant. During business hours, at least 80 percent of the premises shall be designed and used for and must possess the necessary utensils, table service, and condiment dispensers with which to serve meals to the public. Comment: It was observed that neither utensils nor condiments were on the tables. The characteristics of the facility appear to be more of a bar than a restaurant. See Comments No. 1 and 2 above. 5. Condition 2.15: "No Loitering" .signs shall be posted at the entrance of the business. Comment: No such sign is posted at the entrance of the business and patrons were observed to loiter and congregate in the parking lot. 6. Condition 2.16: All litter shall be removed from the exterior area around the premises including adjacent public sidewalk areas and parking areas no less frequently than once each day that the business is open. Comment: It was observed that cigarettes were thrown by patrons and employees on the ground into the parking lot and the parking lot appeared unkempt. 7. Condition 1.7: Conditional Use Permit 98-029 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with Conditional Use Permit 98-029, or is found to be a nuisance or negative impacts are affecting the surrounding neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. Comment. If immediate remedies to the noted violations are not enacted, the City will initiate proceedings to revoke the Conditional Use Permit. 8. Conditions 1.9 and 1.10: Any violation of any of the conditions imposed is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. The property owner is responsible for any costs associated with any necessary code enforcement action. Fitz February 9, 2006 Page 3 of 3 Comment: If the above violations are not corrected, a civil penalty which amount is to be determined based upon City's records would be imposed on the business and/or property owner. 9. Bar Seats: On September 23, 1999, the City approved the request to operate five (5) coin operated video games, one (1) billiard/pool table for every 2,000 square feet of gross floor area not to exceed two (2) tables maximum, and twelve (12) bar seats in the lounge area and four (4) bar seats within the main level dining room. Comment: Observation of the restaurant reveals that approximately 45 bar seats exist in the facility. 10. Live Entertainment Permit: On May 25, 1999, the City approved and issued a Live Entertainment Permit to Larry Smith, owner of record of the Bourbon Street Restaurant, for live musical entertainment and public dancing in conjunction with a restaurant use. The live entertainment permit is non -transferable (Attachment 2). A new permit must be obtained for any change in use or ownership of the subject facility. Comment: Since the ownership of the restaurant has changed, a new live entertainment permit would be required. Please submit a new application by February 22, 2006, to the Business License Division. As noted above, a number of violations to conditions of approval were observed. A corrective action plan responding to the above violations would need to be submitted to the City by February 22, 2006. If an effective corrective plan is not submitted by Feet' r%22�2006, staff will commence proceedings to revoke the Conditional Use Permit. �f' ;ek 3, ZeO4 If you have any questions, please do not hesitate to contact me at 714-573-3031 or Justina Willkom, Senior Planner at 714-573-3115. Sincerely, Al// -1 Scott Jordan Police Chief Attachments: Resolution No. 99-29 Live Entertainment Permit za I Elizabeth A. Binsack Community Development Director cc: Justina Wilikom, Senior Planner Scott Reekstin, Senior Planner/Business License Brad Steen, Code Enforcement Officer Department of Alcoholic Beverage Control SV,&&UBTW/Aw rrn s 6 7 s:. 9 10 11 12 13 14 li 16 u 18 19 20 21 22 23 24 2s 26 27 28 29 RESOLUTION NO. 99-29 A * RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 98-029 AUTHORIZING ON-SITE SALE AND CONSUMPTION OF BEER, WINE AND DISTILLED SPIRITS (LICENSE TYPE 47) AND LIVE ENTERTAINMENT IN CONJUNCTION WITH A NEW RESTAURANT LOCATED AT 14131 RED HILL AVENUE The City Council finds and determines as follows: A. That a proper application for Conditional Use Permit 98-029, was filed by Lary Smith, requesting authorization to obtain a license for the on-site sale and consumption of beer, wine and distilled spirits (ABC License Type "47") and live entertainment in conjunction with a new existing- restaurant located at 14131 Red Hill Avenue, Tustin. B. That a public hearing was duly called, noticed and held on said application on February 8, February 22, and March. 8, 1999 .by the Planning Commission. C. That on March 15, 1999, the City Council appealed the Planning Commission's decision and that public hearings were duly called, noticed and held on said appeal on April. 5, and April 19, 1999 by the City Council. D. That the proposed use is allowed within the C-1 (Retail Commercial) Zoning District with the approval of a Conditional Use Permit. E. That the establishment, maintenance, and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health,. safety; morals, comfort, or general welfare of the persons residing or working in the neighborhood of such propposed use nor be a detriment to the property and improvementsin the neighborhood of the subject property, nor t the general welfare of the City of Tustin as evidenced by the following findings: 1. The proposed project, as conditioned, complies with adopted guidelines for alcoholic beverage sales establishments which have been established and ` considered to mitigate potential impacts associated with -the sale of alcohol in conjunction with restaurants. 2. As conditioned, the sale of alcoholic beverages would be limited to privileges for a type 47 license. Sales of alcoholic beverages for off- site consumption is prohibited except as authorized In the Business and Professions Code Section 23396.5. 3. The sale of alcohol would only be -authorized in conjunction with a . restaurant use. 4. Sales of beer, wine and distilled spirits will be permitted only when food is available. Food provided will be prepared on the premises. 5. Granting of a temporary use permit to allow up to five coin operated games, two pool/billiard tables and a total of 16 "bar seats" on the restaurant premises shall be for six months commencing on March 15, 1999. During this temporary period, the Planning Commission shall consider if it is appropriate to amend the Alcoholic Beverage Sales Establishment Guidelines to allow "bar seating", coin operated video games and pool/billiard tables. Granting of the temporary use 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2s 29 Resolution No. 99-29 Conditional Use Permit 98-029 April 19, 1999 Page 2 permit does not guarantee that "bar seating", coin operated video games and pool/billiard tables will be permitted for a period longer than as stated in Condition 2.10 of this resolution. The applicant has agreed to remove these amenities and improvements immediately at his sole expense if the Planning Commission does not amend the Alcoholic Beverage Sales Establishment Guidelines to permit. these amenities and improvements. 6. The applicant has not requested approval to locate any sexually oriented business or use within the proposed restaurant. In addition, sexually oriented businesses are not permitted within the Retail Commercial (C-1) zoning district. Therefore, no sexually oriented businesses will be conducted on the premises. 7. All persons serving beer, wine and distilled spirits will be eighteen 18 years years of age or older and supervised by someone twenty-one 21 years of age or older. The supervisor will be present in the same, area as point of sale. 8. A parking summary will be submitted and approved by the Community Development Department if any increase in the 150 seats is proposed. F. That this project is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15301 (Class 1). G. That the project has been. reviewed for.consistency with the Air Quality Sub - element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub -element. II. The. City Council hereby approves Conditional Use. Permit No. 98-029 authorizing the on-site sale and consumption of beer, wine and distilled spirits (ABC License, Type "47") and live entertainment in conjunction with a new restaurant located at 14131 Red Hill . Avenue, subject to the conditions contained within Exhibit A, attached hereto. (PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the 19th day of April, 1999. IPAMELA City Clerk 0- F,.,zAR - - , I � 0, WA THOMAS R. 8WARELLI Mayor EXHIBIT A RESOLUTION NO. 99-29 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 98-029 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans date stamped March 8, 1999 on file with the. Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to the plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code. (1) 1.2 Conditional Use Permit approval shall become null and void unless an Alcoholic Beverage Control License Type "47" is obtained from ABC and the sale and consumption of beer and wine commences within twelve (12) months. of the date of this exhibit Time extensions may be granted by the Community Development Department .if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 Approval of Conditional Use Permit 98-029 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.4 Conditional Use Permit 98-029 authorizes ABC License. Type "47". The sale of alcoholic beverages for off-site consumption is prohibited, except partially consumed bottles of wine as authorized in the Business and Professional Code Section 23396.5. (1) 1.5 The applicant shall' hold harmless and defend the City of. Tustin from all claims and liabilities arising'.. out of a challenge of the City's approval of this project. (1) 1.6 Unless otherwise specifted,.the conditions contained in this Exhibit shall be compiled with prior to the issuance of any building permits for the project, subject.to review and approval of the Community Development Department. (1) 1.7 Conditional ' Use Permit 98-029 may be reviewed on an annual basis, or more often if necessary, by the Community. Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with Conditional Use Permit 98-029, or is found to be a nuisance. or negative impacts are affecting the surrounding neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. SOURCE CODES (1) STANDARD CONDITION (5). RESPONSIBLE AGENCY REQUIREMENT J2 CEQA MITIGATION (6 LANDSCAPING GUIDELINES 3 UNIFORM BUILDING CODE/S PC/CC POLICY 4 DESIGN REVIEW EXCEPTION Exhibit A Resolution No. 99-29 Conditional Use Permit 98-029 April 19,1999 Page 2 (5) 1.8 Audited financial statements and schedules separately identifying gross sales of food and gross sales of alcohol, must be submitted to the Community Development Director for annual review. The gross receipts of food sales must exceed the gross receipts of alcohol sales. If gross receipts of alcohol exceed food sales, the Community Development Director shall initiate proceedings to revoke the Conditional Use Permit. (1) 1.9 Any violation of any of the conditions imposed is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. (1) 1.10 The. applicant shall be responsible for costs associated with any necessary code enforcement action. (1) 1.11 The applicant shall post security in the amount of $2,500 for a period of nine months in the form acceptable to the City Attomey securing the removal of the bar stools, coin operated video games, and the pool/billiard tables temporarily approved herein for a period of no more than six months. The amount. of said security is the estimated legal and administrative costs associated with the enforcement of the temporary approval, including the estimated costs of removing the temporarily approved bar stools, coin operated video games, and pool/billiard tables. If the City extends the time of the temporary approval, the applicant ' shall post new or extended security, which security shall expire no earlier than the 90°i day following the expiration of -the approval extension, and the amounts thereof may then be adjusted to reflect any new estimated costs associated with the enforcement of said temporary approval. USE RESTRICTIONS (3) . 2.1 No off-site sale or consumption of alcohol is .authorized, except partially consumed bottles of wine as authorized in Business and Professions Code Section 23396.5. (5) 2.2 No outdoor, seating shall be permitted unless a separate Conditional Use Pennit is approved pursuant to the current provisions of the Tustin City Code. (2) 2.3 Hours of sales of alcoholic beverages shall be limited to the hours when food is available. Service of food menu items shall be during all business hours. (2) 2.4 Operating hours shall be consistent with other businesses within the commercial center. The closing hours shall be 11:00 p.m. Sunday through Thursday and 12:00. a.m. Friday and Saturday. No new patrons shall be admitted after the dosing hours and patrons shall vacate the premises within thirty .(30) minutes after closing time. (2) 2.5 The menu of the restaurant shall consist of foods that are prepared on the premises. Exhibit A Resolution No. 99-29 Conditional Use Permit 98-029 April 19,1999 Page 3 (1) 2.6 All persons selling alcoholic beverages shall be eighteen (18) years of age or older and shall be supervised by someone twenty one (2 1) ears of age or older.. A supervisor shall be present in same area as point of sale. (5) 2.7 The maximum number of seats shall comply with the number of available off-street parking spaces within the entire center. A request for additional seats requires submittal of a current parking summary, which must be reviewed and approved by the Community Development Department prior to increasing the number of seats. (2) 2.8 Live entertain ment,and public dancing shall be located entirely within the interior of the restaurant during normal business hours. No sexually oriented business shall be conducted on the premises. (2) 2.9 Authorization for the on-site sales of beer, wine and distilled spirits (ABC License .Type "47") is contingent upon .the use of the subject premises remaining a restaurant. Should this use change or be discontinued, authorization for this .use permit is null and void. (7)- 2.10 A temporary use permit shall be granted for a period of six months, or until amendments to the Alcoholic Beverage Sales Establishment Guidelines, regarding °bar seating", coin operated 'video dames and pooUbilliard table regulations have been adopted, which ever time frame is shorter. The six month period shall commence from March 15,; 1999: The temporary use permit shall allow 12 "bar seats" within the lounge area and 4 "bar seats" within the main level dining room, up to five.coin operated video games and Wo pool/billlard tables (also referred to as amenities and improvements) on the premises. If the Guidelines are amended to allow any amenities or Improvements, the Community Development Department may approve the amenities and improvements that are permitted by the Guidelines administratively. Approval for any amenities that are not allowed by the amended Guidelines shall become null and -void and those amenities shall be removed within ten (10) . days of the Planning Commission's determination at the owner's sole expense. (5) 2.11 The applicant shall obtain a Public Dancing Permit and an Entertainment Permit from the Community Development Director prior to offering public dancing and live entertainment on the premises. (5) 2.12 Any bar located within the facility shall function as a food/beverage service bar. (7) 2.14 The entire facility, which includes all three (3) levels, shall operate exclusively as a restaurant. During business hours, at least 80% of the premises shall be designed and used for and must posses the necessary utensils, table service and condiment dispensers with which to serve meals. to the public. (1) 2.15 "No Loitering" signs shall be posted at the entrance of the business. Exhibit A Resolution No. 99-29 Conditional Use Permit 98-029 April 19,1999 Page 4 (1) 2.16 All litter shall be removed from the exterior area around the premises including adjacent public sidewalk areas and parking areas no less frequently than once each day that.the business is open. (1) 2.17 Public telephones. inside and adjacent to ,the establishment shall be modified to prevent incoming calls. SITE PLAN, FLOOR PLANS & ELEVATIONS (4) 3.1 Exterior elevations. of, the building shalt indicate any existing or proposed 'fixtures or equipment to be located ori the roof of the building; equipment heights and type of screening. All roof mounted equipment, vents, exhausts or other roof penetrations shall be located a minimum of 6 inches below the top of parapets. (3) 3.2 Three (3) inch striping detail shall be shown for all parking spaces. Handicapped markings shall be .provided on the designated accessible parking space. (5) 3.3 The project shall meet all applicable requirements set forth in the Tustin Security Code relating to commercial structures, including lighting and locking devices. The City's Security Ordinance requires that lighting at_ exterior doors, driveways, and parking areas shall provide a minimum of one (1) foot-candle of illumination. All exterior lighting shall be consistent with the center. and arranged so as not to :direct light or glare onto adjacent properties or. streets. (1) 3.4 Plans for a trash enclosure shall. be submitted to the Community Development Department for review and approval. The plans shall include information regarding the proposed self-closing and self -latching gate, size dimensions, setbacks, colors and materials. The trash enclosure shall be at least sac (6) feet in height and comply with the Great Western Reclamation standards. The trash enclosure size shall have the ability to accommodate the City's recycling program. (1) 3.5 The existing landscape planters on the site shall be repaired, irrigated and planted. The planters and landscaping materials shall be continuously maintained in an appropriate manner. An automatic irrigation system shall be installed and the landscaping shall be watered on a regular basis. All weeds and dead landscaping shall be removed immediately, replaced, and maintained with healthy plants.. (1) 3.6 The existing monument sign for the restaurant shall be repaired, painted, and/or replaced. A new sign shall comply with the City of Tustin Sign Code. Plans shall be submitted to the Community Development Department for review, approval, and permits. Exhibit A Resolution No. 99-29 Conditional Use Permit 98-029 April 19, 1999 Page 5 BUILDING DIVISION (3) 4.1 In compliance with the Uniform Building Code (Application for Permit) and prior to the issuance of a building permit, the applicant, designer, Architect or Engineer must submit building plans to the Building Division for review and approval. (3) 4.2 In compliance with the California Code of Regulations, Title 24 Part 2, Accessibility Standards, and prior to the plan check approval, the designer, Architect or Engineer must provide designs for accessibility for the- physically challenged to the Building Division -for their review and approval prior to the issuance of a building permit. (3) 4.3 In compliance with the Department of Justice (Office of the Attorney General) this condition is for the accessibility for the proposed project, the designer, Architect or Engineers proposed project must comply ,with the Americans with, Disabilities Act (ADA) (Federal Register). (3) .4.4 In compliance with the Tustin City Code, (Health Code) and prior to the issuance of a building permit, the designer, Architect or Engineer must submit plans to the Orange County Health Department for project approval: and must submit the approved plans to the City of Tustin Building Division for their review and approval prior to the issuance of a building permit. FIRE (3) 5.1 Prior to the issuance of any building permits, the applicant shall submit to the ' Fire Chief evidence of the on-site fire hydrant system and indicate whether it is, public or private. If the system is private; the system shall be reviewed and approved by the Fire Chief prior to issuance of building permits. Provisions shall be made by the applicant. for the repair and maintenance of the system, in a manner meeting the approval of the Fire Chief. (3) 5.2 Street Markings: A. Prior to the issuance of any grading permits, the applicant shall submit and obtain approval from the Fire Chief for street improvement plans with fire lanes shown. The plans shall indicate the locations of red curbing and signage. A drawing of the proposed signage with the height, stroke and color of lettering and the contrasting background color shall be submitted to and approved by the Fire Chief. Exhibit A Resolution No. 99-29 Conditional Use Permit 98-029 April 19,1999 Page 6 B. Prior to the issuance of the certificate of use and occupancy the approved fire lane marling plan shall be installed. The plans shall contain a fire lane map and provisions which prohibit parking in the fire lanes. A method of enforcement shall be included. (3) 5.3 Prior to installation, plans for an approved fire -suppression system for the . protection of commercial -type cooking equipment shall be submitted to the Fire Chief for review and approval. FEES (1) 6.2 Prior to the issuance of any building permits, payment shall be made of all applicable building and Orange County Fire. Authority plan check and permit fees to the Community Development Department, based on the most current fee schedule. (5) 6.1 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check pa able to the COUNTY CLERK in the amount of $38.00 (thirty-eight dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above -noted check, the ' statute of. limitations for any: interested parry to challenge the environmental' determination under the provisions of the California Environmental. Quality Act could be significantly lengthened. smaeso/99-2911 doc RESOLUTION CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF TUSTIN ) RESOLUTION NO. 99-29 Pamela Stoker, City Clerk and. ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council is five; that the above and foregoing resolution was passed and adopted at a regular meeting of the City Council held 'on the 19th day of April, 19,99, by the.following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED COUNCILMEMBER ABSENT: Pamela Stoker, City Clerk Saltarelli, Worley, Doyle, Thomas None None Potts., �'�V �S Community Development Department _ City of Tustin ENTERTAINMENT PERMIT 300 Centennial Way Tustin, CA 92780 BOURBON STREET RESTAURANT —14131 REDHILL AVENUE (714) 573-3100 Proposed Entertainment: In conjunction with a full service restaurant, live musical entertainment and public dancing is proposed witbin the designated 1.50 square foot stage and dance floor area in the cocktail lounge on the lower Level of the subject restaurant. Tf is permit is APPROVED by the Community Development Director. Issuance of this permit is discretionary and this permit is subject to revocation if all conditions of approval are not met. The applicant and property owner will be cited if they do not comply with conditions of approval and formal revocation proceedings will commence. The applicant and property owner agree to the following conditions imposed by this permit: A. The Entertainment Permit approval shall become null and void if any of the Conditions of Approval in Resolution No. 99-29 approving Conditional Use Permit No. 99-029 are violated. B. Any violations to these conditions shall result in revocation of this permit. Upon revocation, the applicant and/or owner shall be responsible for removing the stage and dance floor area within 15 days of being noted by the City. All live entertainment and public dancing shall cease upon notification. C. The Entertainment Permit may be reviewed every six months, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with the conditions of approval. If the use is not operated in accordance with the Entertainment Permit or the Conditional Use Permit No. 98- 029, or is found to be a nuisance or negative impacts are affecting the surrounding neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may revoke the Entertainment Permit. D. Any violation of any of the conditions imposed is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. E. The applicant shall be responsible for costs associated with anynecessary code enforcement actions. F. Live entertainment and oubiic dancing snal+ be iocatec., entirehf within the interior of the restaurant during normal business hours. C-. Nin sexuallN, oriented business shalt he :--c-ndu ted' on tic. n-e�1.', i[. e ✓. {...1. ... J. J.. Lt { V t, 1 . 1 3 V Sa.,.. at H. The applicant and/or owner shall be responsible for complying with the City of Tustin Noise Ordinance at all times. I. This permit is issued to Lary Smith the owner of record of the Bourbon Street Restaurant and shall be non -transferable. A new permit must be obtained for any change in use or ownership of the subject facility. J. The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this permit. Date The Elizabeth A. Binsack Lar mith, Director of Community Development LL: eab/bourbonstentpermiWoc Bourbon Street Re t urant Exhibit L`� 1-7 n 18 PUB & LOUNGE# 14131 Rett hill Avenue Tustin, CA 92780 OPEN 7 DAYS 4PM-11AM SUNDAY -THURSDAY March 3, 2006 4FM 12AM FRIDAY & 5ATURDAY RECEIVED M4)665-2709 Scott Jordan Police Chief 300 Centennial Way Tustin, CA 92780 Elizabeth A. Binsack Community Development Director 300 Centennial Way Tustin, CA 92780 Re: Conditional Use Permit 98-029 Dear City Officals: MAR 0 3 2006 COMMUNITY DEVELOPMENT I want to thank you for taking the time to meet with me personally on February 17, 2006 to discuss concerns the city has about the above noted conditional use permit. At the outset I would like to say that I have always welcomed input from city officials and have always attempted to conduct myself as a responsible business owner in the City of Tustin. I have no desire to engage in, perpetuate, or allow the type of conduct you described. In fact, I would appreciate it if the city would provide me with additional information so that I can more effectively confront the undesirable conduct that is apparently occurring at or near my establishment. I'm convinced a better dialogue would go a long way to creating a better understanding between Fitz's Pub and the City. Understanding leads to compliance which in turn leads to better use of City resources. Perhaps Sergeant Paul Garaven and I could meet again to discuss specific actions to be taken in this regard. In response to your specific request, I offer the following corrective action plan. This plan will, I think, create an establishment more in line with what the City of Tustin envisioned when the Conditional Use Permit was initially granted. Please understand that I am the successor to this Conditional Use Permit. I was not present when it was obtained and therefore not a part of that process. Consequently, our February 17, 2006 meeting was really the first time I was made aware of the City's concerns in regards to the granting of the Conditional Use Permit initially. STEP 1• MANAGEp4GUT -MP OYEE CHANGE—S. On February 20, 2006 I terminated over 50% of my existing � and �I new managers with unhappy significantly more restaurant experience than the pre ge with the type of clientele prior management seemed to be catering to. I believe management and employees have a dramatic impact on the operations establishment. he b�k In fact youe1stand will note that at ultimately I am accountable and I am not just trying p ass our meeting, prior to me having any knowledge that the City had concerns, I informed you I was about to make many personnel changes. Three days later I did. Mr. Ted Russell and Ms. Heather Bausch are my on site managers. Additional information about them can be provided should you so desire. This one change alone will have the most dramatic impact on operations. I encourage you to introduce yourself to them and see for yourself. STEP 2: �` T'`T' �'F ENTERTAINMENT PERMIT Please find attached a copy of the live entertainment permit issued by the City of Tustin to me on July 7, 2003. It is my understanding that this permit is valid until abandoned or revoked. I note that I am required to provide a "list and appropriate information of the proposed entertainment" to the Chief of Police. Please provide me with either a fax or email of the Chief or his designate so ll establishments with as to facilitate compliance with as I becondition. it may be uI trust that nfair to selectively add thic burdent entertainment permits are required to do the same MY establishment alone. STEP 3: HOURS (both Kitchen &c Facility) Our hours are 4pm to 11pm Sunday through Thursday and 4pm to 12am on Friday and Saturday - at the front of the building. Our kitchen is Please find attached a photograph of the hours poste open the same hours so that food is available at all times. Please find attached a copy of our menu. It should be noted that at times in the past I have had cooks either not show up at all or show up late or leave early without permission. I have also, oShould o � ion, had either of these emventsutility oc � again we malfunctions that prevented me from serving will close facility until we are able to prepare food I contend that the facility is operated as a restaurant. I will agree however that I am not certain what that means and I have no intent to parse words. We have utensils, table service, and condiments. It appears that the City is requesting that tables be organized or "set" in a particular fashion. While it seems difficult to identify a particular table setting, its more important to comply with the intent of the condition. Again, in keeping with the spirit of your request I offer the following: -Each table will have a container which will contain: multiple utensils, menus, assorted condiments and napkins. -Servers will be instructed to ask each patron what they would like to eat, as opposed to what would they like to drink. -Only 2 pool tables will be inside the facility. Eating tables will be located on all three levels. -Seating: six of the tables are "Pub"tables. They are large enough in circumference to seat four(4). These tables are higher than normal table seating and is the same height as a bar stool. We have eight (8) regular tables that can seat up to (6) or more if extensions are used and two (2) booths. Therefore there is table seating for approximately 76 patrons. I will provide photos of the table arrangements for all 3 levels on or before Friday March 10, 2006. Upon your receipt, please advise me if you believe I am in compliance with the restaurant use condition. We can and certainly will provide only four (4) bar stools on the main level and twelve, (12) downstairs. It is my belief however that the stools are actually more conducive to eating. Standing at the bar will not encourage eating. For this reason I would like to request that we be allowed six (6) stools on the main level and fifteen (15) downstairs. Another change that I believe will not only encourage more eating but be consistent with restaurant usage is to allow tables on the patio. The appearance of the establishment would be more "food friendly" and restaurant oriented if three or four tables, appropriately "set", were outside. This would also discourage the "smoking patio" feel that appears to promote littering and loitering (please find attached photos of signs prohibiting loitering). On March 10, 2006 I will provide photos of the proposed patio seating we would like to be allowed. The patio food service would have a dramatic impact on the appearance of the establishment and would provide a strong incentive to prospective patrons to dine at Fitz's. 'Thereby increasing food sales. To further enhance the restaurant image, employees are not permitted to smoke in the front of Fitz's Pub (this has always been the rule and employees have ignored it). I can not control the irresponsible acts of others, but will do my best to minimize it. Again outside table service will greatly reduce smokingAittering/loitering in and around our entrance. STEP 5: INCREASE FOOD SALES It is my hope that these changes will result in greater food consumption. Changes in staff, atmosphere, and clientele have all been directed towards increasing food sales. I assure you that every effort is directed at increased food sales. Quite frankly our economic viability depends on greater food sales. I do not have today an audited financial statement and schedules separately identifying gross sales of food and alcohol. I am in the process of procuring such documents. The two weeks I was given to obtain them is just not enough time. My accountant, as I suspect most accountants are at this time, is extremely busy during this tax season. I would respectfully request an additional sixty(60) days to get these documents. This is not an idle request as I have shown significant progress in the two weeks I was given. I think what is more important to the City is actually increasing food sales. I would like to propose the following as a solution. Fitz's Pub will provide quarterly sales reports. So long as these reports show an increase in food sales as a percentage of total sales, the City will provide me with the opportunity to comply with this condition. CONCLUSION: It is genuinely my desire to render this establishment an asset to both myself and the City. It is my understanding that the location has been problematic ever since Chuck's Hawaiian Steak House vacated it. I believe that if the City will work with me I can make it a source of pride for Tustin. Exterior improvements such as paint and signage will further assist in creating the environment contemplated when the Continued Use Permit was initially approved. I'm curious if the City has any re -development funds or programs to assist in enhancing this area of Tustin. As you are aware extensive road work in the area has gone on for almost as long as I have owned the establishment. First the State with I/5 Redhilt improvements and now the County Sanitation District with sewer improvements has made it very difficult to conduct -a restaurant business. Finally, I wish to reiterate my intent is to workwiththe City and comply with all conditions. I am not here to quibble and draw fine liens of compliance. I would only ask that the City be patient, allow time to " turn things around" and give Fitz's Pub the opportunity to show that it can be a benefit to Tustin rather than a detriment. Please be advised that the best way to contact me is at my office located at 600 North Tustin Avenue, suite 260, Santa Ana, CA 92705 and telephone (714)558-9500. Correspondence or telephone calls directed to the establishment itself either does not reach me or is significantly delayed. Very truly yours, Gregory M. rald Fitz's Pub & Lounge, Inc. cc: ]ustina Willkom, Senior Planner Scott Reekstin, Senior Planner/ Business license Brad Steen, Code Enforcement Officer Department of Alcohol Beverage Control _,,;. .,�,,!.5 Exhibit rA # rurs PUB & LOUNGES 14131 Red hill Avenue Tustin, CA 92780 OPEN 7 DAY5 4PM-11PM 5UNDAY-THUR5DAY 4PM 12AM FRIDAY & 5ATURDAY March 17, 2006 (714)665-2709 Elizabeth A. Binsack Community Development Director 300 Centennial Way Tustin, CA 92780 Re: Conditional Use Permit 98-029 Dear Ms. Binsack: Please find enclosed photos I referenced in my corrective action plan dated March 3, 2006. I apologize for not getting them to you sooner. I am in the process of creating a new menu to delete any cocktail reference as well as enhance food service. I am also consulting various "restaurant consultants" and contractors to review improvements to both the food service and the building exterior. Also enclosed are photos for the proposed outside seating. Your comments are always welcome. As you can see, I have not forwarded copies of this correspondence to any of the previous recipients. Please let me know if I should do so. Very truly yours, Gregory M. F enclosure $� fr rT � � • ai 11 i .0 f jj e . U d imp+ zi,4d rT .0 t `� ., n�•Y Y{ ��� �A� I i + 1 r • ��t i } `fir �� , � 4 i 'Amu t <::�, W,�J Exhibit 1� Community Development Department March 30, 2006 Gregory Fitzgerald 600 North Tustin Avenue, Suite 260 Santa Ana, CA 92705 City of Tustin 300 Centennial Way Tustin, CA 92780 714.573.3100 SUBJECT: VIOLATIONS OF CONDITIONAL USE PERMIT 98-029 FOR FITZ RESTAURANT LOCATED AT 14131 RED HILL AVENUE Dear Mr. Fitzgerald: On February 17, 2006, City staff met with you to discuss the violations of Conditional Use Permit (CUP) 98-029 approved through Planning Commission Resolution No. 99-29 for the Fitz restaurant located at 14131 Red Hill Avenue. At the meeting, the City provided you with a letter delineating the violations and requested a corrective action plan. On March 3, 2006, we received a corrective action plan and on March 17, 2006, we received a follow-up letter with photos referenced in the corrective action plan. Upon reviewing the proposed corrective action plan, we offer the following required actions and schedule: 1. Condition 1.8 of Resolution No. 99-29: Audited financial statements and schedules separately identifying gross sales of food and gross sales of alcohol must be submitted to the Community Development Director for annual review. The gross receipts of food sales must exceed the gross receipts of alcohol sales. If gross receipts of alcohol exceed food sales, the Community Development Director shall initiate proceedings to revoke the Conditional Use Permit. Fibr's Proposed Corrective Action: Fitz's will provide quarterly sales reports to demonstrate an increase in food sales. Fitz's requests an additional sixty (60) days to produce the report. City Response: An audited financial statement and schedules prepared by a Certified Public Accountant demonstrating the gross receipts of food sales exceed alcohol sales shall be submitted to the City no later than May 1, 2006. 2. Condition 2.3 of Resolution No. 99-29: Hours of sales of alcoholic beverages shall be limited to the. hours when food is available. Service of food menu items shall be available during all business hours. Fitz's Proposed Corrective Action: Fitz's kitchen will be open the same hours as the establishments. Food will be available at all times. Fitz March 30, 2006 Page 2 of 4 City Response: Food shall be available during all business hours. The City will monitor and visit the restaurant to ensure this condition is complied with. 3. Condition 2.4 of Resolution No. 99-29: Operating hours shall be consistent with other businesses within the commercial center. The closing hours shall be 11:00 p.m. Sunday through Thursday and 12:00 a.m. Friday and Saturday. No new patrons shall be admitted after the closing hours and patrons shall vacate the premises within thirty (30) minutes after closing time. Fitz's Proposed Corrective Action: Fitz's hours are 4 pm to 11 pm Sunday through Thursday and 4 pm to 12 am on Friday and Saturdays. City Response: The City will observe the business hours to ensure compliance with this condition of approval. 4. Condition 2.9 and 2.14 of Resolution No. 99-29: Authorization for the on-site sales of beer, wine, and distilled spirits (ABC License Type 47') are contingent upon the use of the subject premises remaining a restaurant. The entire facility, which includes all three (3) levels, shall operate exclusively.as a restaurant. During business hours, at least 80 percent of the premises shall be designed and used for and must possess the necessary utensils, table service, and condiment dispensers with which to serve meals to the public. Should this use change or be discontinued, authorization for this use permit is null and void. Fitz's Proposed Corrective Action: Fitz's contends that -the facility is served as restaurant Each table will have a container which will contain multiple utensils, menu assorted condiments, and napkins. Servers will be instructed to ask patrons what the would like to eat, as opposed to what they like to drink. y C1ty Response: The City will observe the proposed corrective action and will conduct an inspection to ensure compliance with conditions of CUP 98-029. 5. Condition 2.15 of Resolution No. 99-29: "No Loitering" signs shall be posted at the entrance of the business. Fitz's Proposed Corrective Action: Signs prohibiting loitering had been installed. City Response: Action noted. 6. Condition 2.16 of Resolution No. 99-29: All litter shall be removed from the exterior area around the premises including adjacent public sidewalk areas and parking areas no less frequently than once each day that the business is open. It was observed that cigarettes were thrown b parking lot a y patrons and employees on the ground into the parking lot and the p 9 appeared unkempt. Fitz March 30, 2006 Page 3 of 4 Fitz's Proposed Corrective Action: Employees are not permitted to smoke in front of Fitz's. Fitz's cannot control the irresponsible acts of others, but Fitz's will do its best to minimize it. City Response: Although Fitz's cannot control irresponsible acts of others, it is Fitz's responsibility to clean up after its patrons. As conditioned, Fitz's shall remove all litter from the exterior area around the premises including adjacent public sidewalk areas and parking areas no less frequently than once each day that the business is open. if necessary, Fitz's shall employ on-site security personnel to ensure appropriate behavior of its patrons. 7• Bar Seats; On September 23, 1999, the C' approved uest to coin operated video games, one (1) billiard pool t blfor evthe ery 2,000 square fee (5) g gross floor area not to exceed two (2) tables maximum twelve (12) bar eatsf in the lounge area, and four (4) bar seats within the main level dining room. Fitz's Proposal: Fitz's is requesting additional bar stools such that six6 stools be located on the main level and fifteen (15) stools downstairs. () will City Response: Consistent with the City's Alcoholic Beverage Establishments Guidelines, a restaurant may only have a lounge or bar that is ancillary to the main use of a restaurant. Fitz's shall comply with the approved Conditional Use Permit and ensure immediate compliance therewith. 8. Fitz's Proposal for Outdoor Dining: Fitz's is requesting for thr to allow for outdoor seating/dining in the patio area. ee (3) to four (4) tables City Response: No outdoor seating shall be provided without proper approval of a Conditional Use Permit from the City. Staff has concerns with the proposed outdoor seating and will not be supportive of the request. Outdoor seating, if it is not managed properly, would increase the noise impact, loitering, and. littering. In addition, a modification to the State Alcoholic Beverage license would be required rior to establishing an outdoor dining area. P 9. Fitz's Inquiry on Redevelopment Funds: Fitz's is inquiring if the City has redevelopment funds available to assist in exterior improvements such as signage and paint. City Response: A representative of Fitz should contact Mr. Jim D Redevelopment Program Manager, at 714-573-3121 for information on redevelopment funds. Please note that the above corrective actions shall take effect immediately. To ensure compliance with CUP 98-029, the City's Code Enforcement Officer and the Police Fitz March 30, 2006 Page 4 of 4 Department will inspect the property frequently and unannounced. Further violations of CUP 98-029 would result in proceedings to revoke the Conditional Use Permit. If you have any questions, please do not hesitate to contact me at 714-573-3031 or Justina Willkom, Senior Planner at 714-573-3115. Sincerely, Elizabeth A. Binsack Community Development Director cc: Paul Garaven, Special Investigation Justina WiIlkom, Senior Planner Scott Reekstin, Senior Planner/Business License Brad Steen, Code Enforcement Officer Jim Draughon, Redevelopment Program Manager Department.of Alcoholic Beverage Control Exhibit 05/04/2006 11:13 03/03/2006 21:11 FAI From: Floyd Fro pn: 5/3/2006 5:02:43 PM Subjo& FW: CUP 9"29 From: Etow-swa TO: BO** 8w* 41281,2M MAI AM sublet CUP 98429 MS. Brawc PiMse sae to ottahi�d rtMr Ttmk you. Floyd Fwam r+d Fe" vary Mo" to FARANO & KIEVIET PAGE 03/07 6002/004 Page 1 of 1 lila//C--V)ocu s oy&=aPA20Settkgs\Temp\F,M3DFfr11M.- 3/3/2006 05/04/2006 11:13 Od/03/2000 21:11 FAX Ms. Elizabab A. Binsack Commtrmity Development Diroctor City of Tustin FARANO & KIEVIET RE: CUA' 98-029, Fitz Restau mt,14131 Rod Hill Avenue Dear Ms. Binsack: MY name is Floyd Farano. I aoar Of Com web the law firm of Farnno and Kieviet. We we located at 2300 E. Ilia Ave., in AmgcivL Our telep'baw muWWSan: voice --- &Csimdo��. Our firm was kilned by Nit. Fhzgcmld late in the afternoon of Apnd 25 to mmsent him in the matter of fa stats of bis caowplia= wl& ibe subject CUP. I am c rumting y(, by erAara l because I am out of own wd win nQt retaUdt until Friday Ap it 28, 2006.. 11+fr. FitzgexaM Mamd us because he t+e 2y hen very lige lmoq►ie* of these maum and because of MW eXsive and varied aTwmce in coda �f+ta cea t rneme1. Members of &a flan have MVV on both city and comity Pig Commissions, raproeembed citiea as owtw aftwel as code �t uses and b=dIVdS of cHa tr in such ma"s. We believe that we aro able to n ze tlw cqxdence and knowledge that we have lemad from "both sides" of code aafoi+cemeut innea. Oa Monday, May 1 Mr. Fitzgerald is expected to Comply with a request made of b= by yow depmtne t. I would very much Hite to moot with you an that date to discus *a request, Air. Fttzgeiald's CMVHMM or lack (IM +eaf wltli !be subject CUP and brie f'utm+e in the city Of Tustin. Mr. Fitxgacald baa f Med ootries of the conh+o[H% documew to and I kMmd to pbrysmally t the bnaiuttess in qWSUM immeduftly Ww iM ><xem on the 28th and will be, able and preWW to discuss all of the ismM with you alworr any memmbe(s) of your staff at the time of our mftftV—ahonid you so agr ec. r t PAGE 04/07 jJ002/008 05/04/2006 11:13 FARANO & KIEVIET 05/03/2000 21:11 FAX --� I calf not remember of ever having reprc scawd a client in The City of 'Tustin, however, those with whom.1 have worloed know that my practice is to 301vc problems rather thea employ delaying tactics. I say this to let -you know that I did not a,&M to repramt W. FiUgaald to be a new face that is being used to delay the solution of his prableme. I uaclesstand bodi sides of the issue and rape dut I can help to r=ch a solution dul sati4cs averyane. I si cady brope that you agree to weer with me efther on May t or on a date and time snitsble t0 you and/or yaatr MAXI have sugps tad May t only becam that is the daw on Which Mr. Fbzgaald was to have m*wI ted information and do not ward that date to piss wittfout a positive effort on oxw Pfft Hapefiilly n will respond to may request either by email to: my ■� tel 1 to aide et and leaviag your re qKm with the operator. Email will mach me more gtuckly. I apologize for lira latex m of ttzis request mad dank you for your considerstio I Wk &word to meedus you mild coatn'bnlir 8 to thee, Solution of a probim dW I know is s tnmmblin& "paie --to we the vernaeatar. Vetay truly y0arra, /s/ Floyd L. Farana, for Farano and Kievie;t N PAGE 05/07 14004/006 Exhibit. 05/04/2006 11:13 FARANO & KIEVIET PAGE 06/07 03/03/E008 R1:11 FAS Q005/001 Pse 1 Of 1 From: Fk yd Famo TO: SubsM A Binsw* Oabtr, 3111200810.05:27 Alla Subjeft Res Pub L.__ Today loft day tIM W. Fftgm was dm to rwpaid to fhs r»wmo of tmCity Of T1usM for bft.,wfion. W s mail lotttr of April291h wW thIs today rogAw d a meaft Ah you arxYar your chosen sW fnerrrbas Is twandad to hill fill mat oblgetiat 1 hm mkrned ftm my Tip. reefewsd 8» apprapttawe domes and hf 9 -I'm die preMim in tFrattlort old sm propa►ed enir t+ti� s dlavtaision of any scaopr aorxpwnir� AAr. Ffls &Ws pert. 1 wadd i is ip tlrN s msO atyctro~ aor A rdwm. i would Mm to #►aAet you In hianiabon'you regttvswd nts not es yet ban oarnphbed, howr+rer, I before tf�tt t me�e�rg 4va11 wAltoat #vd kj*m&*m wvult! be pro0uo6^ You i 1, add Woo to advitad that W. FIIzQer dd Is In Was dwumWb t wlh a prospas" pu theser of Two Putt'. Thar Wa RmOc lvs PUdU r is 00 suooasaM o In I of semal tit down rOMMumft It wand be oar bwent i V to frilly dtacbse a1 d t the 18 rIm-* � bio the tlM aft oaxhrirt htt tws malbod� M"ft eocpedogerJns of I kook forward io your respome. Floyd Famm Fi � M R fto1 QACngs\Tcmp1FLP41F.tmp 513x1006 Exhibit 05/04/2006 11:13 FARANO & KIEVIET PAGE 07/07 of/03/2006 51:11 FAI I'mm: Flojld Famno TO: Elkabettl A Bi1mck ftc. G' g i= ii> gw aid, Lamy agn'tih, Tom 1C►AViM Deft: Srjr2W610:.28:12 AM Subjm:t CUP 98-029 MS. Bkmadc Q 008/000 Page 1 of 1 Not having reoWvW a response to my rwWW for s meeu,o wkh you oalxx . of to mMm of CLIP 9UM I an or= 491kroque"that such a meeting toles plox at ft esrbd opporbu * Wkh "omp" Of today and Fr ft May Oj 200 i asap m=,NtcarJgilr my time that Is oorwsMant for you ar d/or y oLr sai o rto staff mwnbw& fA t O =MCM was preser� and V* of SWPOW t sports OF poasMN pMofri�loct X"+ Mr. Pitageraldsna I O*Mdb r aomrcwccts taisth til pmmtlE AW ar tbt Oftk i a to bo aoeb+a m* awkRu in mane. to ttN aodent trot they pmbabb oveccids ft CUP pr bMM. Corwstausnlftr we aro most arakx a to fbDow up at theses commerdL Wit want yea and other aaribsa In Tudh to lam to such mWo klem wit not be couctbo wwad and thakwe we pursue rhes anesf, and coat+ kMm of ANY ONE who an0aaes Va ek . Thi= b" � fw ANY WW � whtad my hays o= rred, is ac=lm oris planned Ua octxar clow ar h th ft" be intmsda iW bmught tlo the aliler8lon or W. Fltragaatd and mysW I would ala Sato hint* non ta of ttw Polos Ssrgesctt In gmsUon. t would Nm to speak to him a*"-. itp this si u0m. Vitt dofnk* ww t to putsuw tiffs cit Mon Jo a oo aknion as gciddy as possIML Laatiy, if you would PrWW Vwt my au PM*d msetinp be held wQh to My Aibrnsy as the !earl >sogtd+w wtth your 34N pissrts mam ttM rrartVentanis info manrisr. Or, It you tlardw prd mrttralt I alrartps ft nmo*g wih tI°tft Ct yAt w" #W will br fiawM m Tb ba brisf, f +ern wMft too hv.v flit .-moO kt wW ,.wwter, ftm, PIsC ► wlfh arty stems ar ttu�tNld of arrrt�ement f* n>Mllr your pr F*iw-o I look tbawmd in yow, rssporas moyd Pw*W ffWRMmvfdoWmeBMmuinl9cm filed/C:ZOmncaots3iZbatWAMSetemp\FloydtT.oca1*Vogdtao�Teaeva"R&tl= 5/3%1006 Exhibit 05/04/2006 11:13 05/03/2006 21:11 FAI From: Fbyd Fames Deli: 5/3/2008 6:02:43 PM Subjeft FW.' CUP 9"29 Raw Toe Elk+sra, U* 42 X41 ASM CUP 909 AAL Bram ?hank yoti Floyd Fwam Floyd Fa*—v WW VIieV INow b Ew0UIL FARANO & KIEVIET I PAGE 03/07 2002/004 gage 1 of 1 McJ/C: ov&LocaMOSedku%\Te=IF,SB03DP&?IVF .._ 5/312006 05/04/2006 11:13 09/03/2000 21:11 FAX M& I✓ iz*cth A. Bieck COMUMaky Developmem M a w City OfTusem FARANO & KIEVIET RF: CUP 98-029, Frtc Restaautmk 14131 Rod MU Avemm Dear Ms. Binssck: My Dune is Floyd Fwano. I am OfCarasnl with the law fM ofFamao and I{iaM,et We ace locaud at 2300 B. K Etna Ave., in AsheinL Oar tdgpb um mmatbere are: voice smile . Our fiam we hired by W. FkzgcraM hme in the af�oon of AMH 25 to rep -f Faeat him in the assitear of tho staff of his comPlian a WA t!he $*Wt CUP. I am cQRU=tkg You by ammg bemse I AM Ott of awn mdwM um rota�a until Icy April 28,20M. Mr. Ff exald rdaiand as because his mlty has very le bwwWV of then moms and because of our extnpve and varied eaweriance iu code Niftcemm MMIM a. Members of fim fin have xm d un bolt ,city ad cooty Casmniisumm, rqm=W cites as Ontma counsel m code eofoa+aamemt COW and bnndred: Of cl%ft in M& maters, We believe that we we abbe to mien dta ap aimm and knowledge that we have learned f m `14* ~ of coir anfoa+ceMt is OR Monday, May I l- Fifwuald is oicpectcd to cOMPly with a roquest made of b= by yaw depatmadt I world very much like to moot with you an that dare to discus that mqueK Aft. FstagmM,s c ampganoc or lack dwmf with rhe anbiOX CUP and bis Mae to do City Of Tusda. Mr. F xS=Mhas famed copies of the commlH tg docnmem to me. I mtend to ictally the btaigo m in quatm j="8 isd y upon my rera on the 28th ad wfU be"sad prepared to diacaas an of thin iam wilt you aod/ar any nOnbetr(s) of your stsffat the time of our mowing- dwutd you so agme. PAGE 04/07 W00!/000 05/04/2006 11:13 OP FARANO & KIEVIET 05/03/:000 21:11 FAX I cm not rmember of ever having reprwcnW a client in. The City of Tustin, bowsm, those with whom.1 heves wowed know that my pme6ec is to solvt problem mom thea employ delaying butm I say his to let you know enact I did not agree to represent W. Fitcrald to be a new face did is being used to delay the eoludw of bis problems. I vnde swW bad/ sides of the imne and nape dut l can help tQ reach a MMOn that satisf MS evwYOM I any hope that you agree to now with me aithaf an May I or on a dim and em a =UN bo yaa eadlof yomr StWX I Dave awMed May t only becam tmtt is the diet on which W. FtizgumId. wss to have M*Ukteted inA I and do not wut *At date to pas anthaut a positive effort on our Pfft HuPSMY you will. vaWoud to zw requM either by amail to: or telephone to my ofte st acid leavmg yow respoom with the operator. Email vn^U mach me more quickly. I ft to of dds's� mod dwk you for year co®sideratiort l twk tw- to � said - - atirStodwsoMw of a pm6l m I know is a aro* nmg "psie--wore the vemscolmr. vary truly Yom'. laJ Floyd L. Fusuo, for Farano and Kieviet 2 PAGE 05/07 Q004/006 05/04/2006 11:13 0$/03i2006 2x:11 FAI Fmm• Floyd Fararto Ta EftsbiWtlt A Stnsea Oabr; SIUM 10.05:27 AM Subject Res Pub FARANO & KIEVIFT PAGE 06/07 2005/008 Pale 1 of 1 TOdW is the dW #W Mr, ww due to rse m to t w ngLmO of t w Cify of Temno for bft..mflan. W WTWW Tofu of Apra 2%h widtft ffsomapa today roq¢i oft a mee ft wMh You wWW yar d=w rW Mftjrbm Is , 'm , a to M s no MANCOM i I have fdtmed tt m my trix ra+rthe prenllaas Inq=wjOn ane am praprad to ~ kft a dhvAdat of sey soop� e�ertaeni NO At. FNMOWS sidaallm 1 watfid No Io amr�pe • nhNtlnp at your Mrfiirt wmw$or=L l "'^ IAae 4a WAr you in atf wm flet the aoao� Ok w MOrmoGon You Chas not as yet ban oWOM 4, Nmaw, l beiwe tet a jvwWIg even WIVA diet itormsdon wuW You sle~dd also b0 advhad tett W. Mtge dd M 1n swbna daa mft vrmg a PMWGG fw ptrduw QITWs Pub'. The pry eNvs Ptidum Ise* amm"m oFdnt at mal sit down redwsedA I would be Our b in9bn to UV d K*m a1 drtalevonosiTllrp the p+oposed nwo of opsrad►p tfw tteay to plow arbtt flet his nwQtods mot the W-pK aeons of die ck d7ubtln-�xiorto vorrurn�albn (WNW nm I look ibrwo to your moponw Floyd Fanta � utas ShrAMD==MWO=eA2OScUt4giii OLOMM2ffie t p\Tcmp1E .P41F.tmp 5r3f2M 05/04/2006 11:13 FARANO & KIEVIET PAGE 07/07 Iot/0ai200e 21:11 FAX From: Floyd Fermto TO.. Eftmbe h A Bk ek Boa- Greg Ffterald; tarry Smith; Tom KWAM Deft: 5J` AWS 10:M:12 AM SUNW:t CUP 98-028 la 006/004 Pagw I of I Nat h rAV recoMW a taapertsa to my roWM itor a ntsstirq with you '- I- ft SMS d CUP 95420 l am �q Mm pin nequedirtp the K ch a meson- fetor pine at the earbd oppartr�tty. W1h to An iF aan d kxby and Pit* May A 2=1 aan a0onrrtmodw arsirfine OW b aor>wrdWtt 1br you wWwymr eelertod aemr mwftera. In tt� M DuPwOnM weer present and Vt Uta Sw*M voarrt h prc Abn acpvlgrfW. Fkqwakft ma" wM ft Cly of Tuft a �°�� of Ak. FRWraid ane 1 oorlrldo corrttrrorttr raMtinp fo prash%iion or orlrnlnsi acdwty fp be eodmyl ty senora in nature to the extent ro they peobet>b ovwrWe ttte CUP we we MOK a vdm to tfoom UP M ftaa OWN"Kft VO w")Vu asd other eulhor*ree In TtWh 10 Wm ftet auoh aotHIn wN not be c melift wxwd wW thetw* wAair proeeo ,M' ' wW cmwicdan cf ANY oNe who artarMar lilmkr. Trite t� v nid wee of such a** whirls mW how o=rrecL is 00=Tiftp Or io Planed ID ouu now ar h 1N Um of W. Fltrwndd and myeNE 1 wa,id afro 81r b tow fn name of #w PuM 9arWast lngmWom l rYOW Mee b speak ao tarn omwwrisa"siivat wL WU defrri * want ffi pursr,a ftie Wkwtion too mmkAm ao qui * as pmai w Um*. If you would p W4@ r that my uGpMd mooft be held wM to My AMocnsy ar the WN topl d wM yMr :'fritPMera rttateattti arrargerrlerrie in to rnanirr'. or. if you iir9m lbrfftdt 1 art+■rtpe fta medksp wph f?M CJV AM rnry that wM bn ftr, nth► Th be � 1 am wA�aus 10 h"Now IV �n anir promo &Ink l�eo4 wrt arty a ruledet/arrar�nrerttltotnieMs yetcr ptM�rirtaa I look lbrrsd 10 yew, opt, -us Fk)yd Fenno EarUtt.ktit PAM* es Around You Sie:IIAC:IDoaume'ats�X20sf1ei'�QSe1F1vYd1�,0Ca19fi203dtie�atTsr�e�Fti[.P�Re t...., trsnnne Exhibit 05/04/2006 11:13 FARANO KUEVtE1 LAWYERS NUM IM OF PANG TO: 13i=bdb A. RhIM16 FAX: (714) 573-3113 Community Developmwt Director To ca9: Q City Of Tustin rp; RE: CUP "-029; Fitz Restaurant Our File No: DOCUM OT STENT: IAUw doted May 4.2M with endonwaL IF YOU DID NOT RSCMZ ALL THZ PAGX$ INDICATED AS BEING SENT PL1Will Z CALL A3 9O0N A!3 POSSISLL rte_ THE VV'Rr EN 1 USBAGE IS FOR THZ XXCLUSM USB OF TEX ADDRESSEE AND CONTAU45 CONFIDENTIAL, PRIVQRGED AND NOPND nvF W"M DIL IF THE itZC99 T OF TWS MESSAGE 13 NOT TSL ADDRES EX, OAA P=WN RZVONSMA MR DELIVZMG Tal II M AGE TO TH9 ADO Z.SM SUCH RZCMIZNT 13 PjbO D FRAM FJL4DING OR USM I= MZ3SAGZ IN ANY WAY. IF YOU HAYS ZMXA M THU NIZSSAGZ BY MISTAKE, PLZASX CALL US PdbUDIATELY AND DESTROY THE TZLZCOPV MW3SAGL W MARKS: URGENT [ i FAX ONLY IX 1 OR1MAL TO FOLLOW [ i FOR YOUR RSVIEW I 1 PLEASE COMMZNT COMMENTS: s:NccxrmucTry U"s24. Ml%b o.wbfax 05/04/2006 11:13 FARANO & KIEVIET PAGE 02/07 2300 EAST KATELLA AVE SUITE 235 ANAHFJM CA. 92606.6047 FAX May 4, 2006 Elizabeth A. Binaack, Community Development Director City Of Tustin 300 Centennial Wary Tustin, CA 92780 Re: CUP 98-029; Fitz Restaurant Dear Ms. Binsuk: The Law funm of ]ammo & ICieviet and I were retained by Mr. Gregory Fitzgerald on April 25, 2006 in the matter of CUP 98-029 and the operation of Fitz Restaurant and Pub. Mr. Fitzgerald was, at the instruction of the City of Tustin, to produce certain documentation pertaining to the operation of the subject business on May 1, 2006. The requested documentation has not as yet been completed. However, because Farano and Kieviet have substantial experience in code enforcement matters, we felt that a meeting between me and you and/or your selecW staff would be productive. I communicated a request for such a meeting to you by email becau I war out of town and traveling at the time. This request was intentionally made prior to May 0 for a meeting on May 1" because we did not want that date to pass without at leart a discussion of the matter having taken place. Since nay return I have conveyed two additional email requests for a meeting. I also made one telephone call to you with my request on May 2. 2006. Ort the chance that my previous communications did not reach you I am sending copies of these messages to you by facsimile together with my request for a personal meeting with you or whom ever you may delegate for a discussion of potential solutions to Mr. Fitzgeralld's situation I look forward to hearing from you concerning my request soon either by telephone. email at or facsimile. /VIA rV Farano and Kieviet,LLP Enc. floclu SACIAINTI V�t`rIVEUOi J44S0001remra lnr VAIMITEO LMLITY PARTNERSHIP 05/04/2006 11:13 05/03/2006 21:11 FAX From: " Farano Det : 513/2006 6,02:43 PM Sect FW: CUP 96 M Raffir EAOIi= �� aWMI AM CUP 99.9 MR BMW Poo* me to Addled Mw- Tlw* you Fbyd Frano iyii--� vft v �elr'?!bw b Esthlici� FARANO $ KIEVIET PAGE 03/07 la002/006 Page 1 of 1 fife.//C.\noc oy Temo ESBo3D &I tsF.--- 5/3rM6 05/04/2006 11:13 09/03/2000 21:11 FAX Ma. Minbcth A. Bfi sock COMM=ity Development Dmactnr City of Tlistin FARANO & KIEVIET R: CUP 98-029, Fitt Reskmant,14131 Red Bin Aveaw Dear Ma Binssclt: MY is Mo d Famw. I am OfCamel W& ft law &M of Fuano and KWViOt. WO are located at 2300 B. Kama Ave., in AaaheiaL Ow teleoww M=Jxra are: voice , &raimIk . Our firm vw hired by Mr. FhzgmmM }ate in the afternoon afAM-125 to LOP him in the met6rar of the stabs of hips eompliMM WI& the MNCM CUP. I sm COW&cftg YM by emod becsnse I am out of own Md wM not I ME Pziday April 28,20M, I& Fitzpeocald retairssd ca because he really has vim, We know*p of thtm MIUM and bec:am of ow give and varied expau= iia C06 enftcMM s MUM Members Offt fim hxvo aatwod on bods 04 and CQ=WPkmhgCo icrosy repro MW as Owftut WUMW M code gnfarOMMW and bxod 4& of clim* is such matees„ We believe gm we are "tc otffiw tlto e,;ozium and iioao+wledp that we M" itarnW from "bot aid , of cock @Aftcamt�t . On Monday, MAY 1 W. Find is expected to DIY with a r. made of No by yoar dope wwat. I would vwy nnxh Moe to moat wins you an that date to dim= dw requas% Mr, pjtzVM3Ms ooaupHFMC ar lank dwMf wltb the sub!M CUP and hie ftm its dse city Of Tustin. Mr. FAwnWbufimed aWWof'the coessvlfin dommeum to me: I mtend to pbyrkally is>spoct the bamo ew in qamm #mom, Ww my retmn on *a 28tb ad will be able and prepared to disaM alt of the bM= with you W&OF any snembea(s) of Your staff at the ft" of our modOS—sboWd you so agroc. PAGE 04/07 11003/006 _ 05/04/2006 11:13 FARANO & KIEVIET 0510/2000 :1:11 FAX ._. I = not remember of ever having represented a elieot in'Me City of Tustin, bewevrr, tlsose witih whom.1 have wodwd know dwt my pmc6ce is m solve problems rather thea employ delaying tames. I say ibis to let you know drat l did not agree to represent IVIr. FitzgmaW to be a near % khat is being used to delay the solution of bis problems. I nnderstettd bo& sides of the ism and hope that I can Delp to read a solution fist setisfioa everyum I showily hope blot you agm to nmeet wi h me either an May i or on a deft and time atdtable to yw ®d/or yow st& I have auggesWd. May I only because that is the dataon which W. Fuzgcarald was to blot submitted infiortna1 and do tat want tW date to pas widwm a pod&m effort on our Part- Hvpef d y you will respond to my request either by email to: telephone to my off ce at and leaving yow r qN mac with the operator. Email wilt mw& me mora quwkly. I apologize ft do latems of this request ad the k you for yow considuadm I look Ox vnd to mectips you and c m-mr— - ft to tits solution of a pmWo m *9 I lcww is a atmbtnog "paid' ---to nae the vemsaalar. Yatry ratty yin, /a/ Floyd k Farm for Fames and Kieviet 2 PAGE 05/07 Q004/006 05/04/2006 11:13 03/03/2000 21:11 FAI Ron: Floyd Famo TO: E A. ftsadc Oat r, 5112 10.05:27 AM �ubja Res Pub M& st"O fc FARANO & KIEVIFT i PAGE 06/07 IM000/000 Pie 1 of 1 Taowy is ttre day #W W. FthoywW W= due do ,vWm to ft nxgi at aft* C4 of hMh fork megon. W �rdva iD itiO h tt0hb s tdft M a WO Youwdw yaw dmson $W moi,km I ham f+Murred t3an tfgr Mp, rsviewrd i!M appraptfai0 dooulfrerrb and k rim ft pre %ft I" 4reappn and em preprWd �o efMw Mrlo � c0evuwiorr a<any s�oa�fr oeno�frwrtp Mr. FItrpOr�ia'a sir�tlen. 1 raid i1� tp alr+ripf � rtraMirq at yotr«rttrt aortiankft�,1 sand lA�a �o a�Wir you In acMiM� fi■t des aoao�a�ng Y�omq�]�ou Iran not esyet bean carrptisMs�l, horMsvar, I beiev� tint a mssllr�p awN r�rout shat htenrados wvi#� You *x%W elw be advbed 0o W. Ftt pnM 4 In a bLA d@mw@bn WM a pmop**M ptrdte of'FiM s PW. Theprvepectl� pub Is tW axwoo hi oparaltr of seva>tl *a down � It WOW tae oar 6 asMlon to fldly drelosa as dMa la Qonaminp ow wgxoeed rnaltrod of a"m" tfre tuft to rtreire oertMn that tris nrattroti mart fire opeaoerr d ck of Ti wtln--prlorta eta p." MvMnadort of ary 4" 1 look k r*wd io yar rsepansa. Floyd t=ararro MFWano Eaff ft jo &,�OY, t�i0C:lDowm % 03ett1n lFiaYdtLocat'�03attingslT ,p4IF-IMP 5132006 05/04/2006 11:13 FARANO & KIEVIET PAGE 07/07 .06/03/2006 21:11 PAI From: Floyd Fareno To: Erizabefh A Bkwe* Boo: GM Fitzgerald; Larry Smith; Tom iVieM Cts: MOM 10:26:12 AM Suboft CUP 98 -mg Ms. Bkwsgc la coo/coo Page I of 1 1,101 havM�p reoahnd a lrepertss b my ragtuat 1br s rtresbrq wish you oonoentirlp shllfe d CUP qjj Q 1 I all ori COW roque" that wch a =e" hiss pica at the arieot opportu * Mltllt ft WMA*an of today and Frtsd�Nk W 6k 2= l asp aconrrimocMNo a�►tlme i is oorwrrilar�# Iia you a�dlbrynur saNrfad stmt mrrr117ws. In ttat'itstln Pa�oe DwwW�1'It was Pnmw t wd I* thl OPOW of 0 It 1a p &utbn ac�r�rlf Tuft a 8erpso�rlR at r�elttnt aortartl 1� t W+olslbl!► fl Is cr + i **nkMsi sc&* Iu b* O wti* ss�ious In p+pbirrr- C.a aagwnly we am MOK aralotat to follow up at #We cammmft VO want paw and alter wAhmift In Tad6 to wm f�■t auoh aotMMlss wM rat be odtrft wow and ewtws VA awrstpwly our" *0 0 as. Tx and cornrMm I*AW ONS who orI W OsI lherain. lltte b" said w• m%mW Ta 1WY WW of wfNoh mw hM ooaar+ed, is acWrrlr>0 ar Ispurled tD oQ,u nOw a' in ale ijbA w bs �ftj,wdm* b mu*d Its ftls on owl Of t&. Fktgenw artd myself. I wand Ww doe b law fts nems of ft ftW* ftq= h question. I rvo�Ad lilac b speak to tern o0rlosrninp t1Ms si�llort. VYM dtMiriEebr want b P�+a itis alfustlort to a conolueton ae quiddy as poasbN. L W- iFyvu woub PMW VW MY a*sMed muft behW v t't I* C y Aftrnsy soft wo fop1m wih your �f pierce rflailaftt� arlanfsmsnfs iR fwt mamar. Or. ■yam frhrp�e�rlf!tat l amertps tits ma■grq tl�ltt ft'1a c Attwrte�r lrtat tn7 briharr RMS► Tb be bW I spa wap fa ftar� ea meettg in ary marwfr, trnw� P r� arty a aFl� da�rar,pena,te ltac maeiM► yes pt+tlirenot#, I kwk f nvwO to yes nspor Fift" Far" file://C-.1Doct 20attd'�i2QSe:tin�slFloydl�.ocal9fiZ etTamotII.P3BA_tshnmc I City of rus' tin July 21, 2006 Roderick's Ann: Matthew Huston 930 S. Keene Drive La Habra, CA 90631 SUBJECT: ENTERTAINMENT PERMIT —14131 RED HILL AVENUE Dear Mr. Huston: Thank you for submitting your business license application to operate a restaurant at 14131 Red Hill Avenue under the name of Roderick's. As indicated on your application, you are proposing to provide live entertainment to your patrons. Please keep in mind that a live entertainment permit is required for the presentation of live music, dance, comedy, fashion, illusionist, or dramatic performances unless such presentations are limited to single performers, duos, disc jockeys, or karaoke singers. The City's requirements pertaining to live entertainment permits are provided in Tustin City Code Sections 3231-3236. One of the requirements is that a live entertainment permit is not transferable from person to person even when there is no change to the type of entertainment to be provided. An excerpt of the applicable code sections and the application for a live entertainment permit are attached for your information. Please keep in mind that the approval of a live entertainment permit Is discretionary and not guaranteed. A valid conditional use permit is a required prerequisite for obtaining a live entertainment permit. A conditional use permit is a permit that is tied to the property rather than the owner, and it imposes conditions of approval, such as hours of operation, capacity limits, etc. Conditional Use Permit (CUP) 98-029 was obtained by a previous business owner and is still valid and active. A copy of Resolution No. 99-29, which adopted CUP 98-029, is attached for your review and file. Several conditions of CUP 98-029 are noteworthy. Pursuant to Condition 2.14, all three (3) levels of the facility shall operate exclusively as a restaurant. During business hours, at least 80 percent of the premises shall be designed and used for and must possess the necessary utensils, table service and condiment dispensers with which to serve meals to the public. Condition 2.4 states that closing hours shall be 11:00 p.m. Roderick's July 21, 2006 Page 2 Sunday through Thursday and 12:00 a.m. on Friday and Saturday. Contrary to the one of the requirements of Condition 2.11, public dancing permits are no longer required by the City of Tustin. Should you have any questions regarding CUP 98-029 or the application process for a live entertainment permit, please contact me at (714) 573-3016. Sincerely, Scott Reekstin Senior Planner Attachments: Tustin City Code Sections 3231-3236 Application for live entertainment permit Resolution No. 99-29 cc: Property Owner Director of Community Developrnent Aseletant Dkector of Cwwmv gr Developmert Business Ucense Tedw0dan Code Enforcement Planner of the Day Desk Poke Department SRABuslnesslRodericWs Entertainment PermiGdoc Exhibit September 18, 2006 Lary R. Smith 3185 Moritz Drive Huntington Beach, CA 92649 Gregory Fitzgerald 600 North Tustin Avenue, Suite 260 Santa Ana, CA 92705 SUBJECT: Violations of Conditional Use Permit 98-029 for Fitz Restaurant located at 14131 Red Hill Avenue V05-0368 Dear Mr. Fitzgerald and Mr. Smith: On October 14 and November 5, 2005, City staff observed your business, Fitz's, operating in violation of conditional use permit 98-029. The violations are as follows: CondWon 2.3: Hours of sales of alcoholic beverages shall be limited to the hours when food is available. Service of food menu items shall be during all business hours. Condidon Z4.* Operating hours shall be consistent with other businesses within the commercial center. The closing hours shall be 11:00 P.M. Sunday through Thursday and 12:00 a.m. Friday and Saturday. No new patrons shall be admitted after the closing hours and patrons shall vacate the premises within thirty (30) minutes after dosing time. Condition 2.9: Authorization for the on-site sales of beer, wine and distilled spirits (ABC License Type "470) is contingent upon the use of the subject premises remaining a restaurant. Should this use change or be discontinued, authorization for this use permit is null and void. Condition 2.12: Any bar located within the facility shall function as a food/beverage service bar. Condition 2.14: The entire facility, which includes all three (3) levels, shall operate exclusively as a restaurant. During business hours, at least 80% of the premises shall be designed and used for and must posses the necessary untensils, table service and condiment dispensers with which to serve meals to the public. Condition 2.15: "No Loitering" signs shall be posted at the entrance of the business. 14131 Red Hill Avenue CUP 98-029 violations September 18, 2008 Page * 2 Pursuant to condition 1.8 of CUP 98-029, you are required to provide annual financial statements identifying gross sales of food and alcohol. To date, staff has not received the financial statements. Per condition 1.10 of CUP 98-029, you are responsible for all Code Enforcement costs. Enclosed as Exhibit A, you will find an itemized cost summary of the Code Enforcement costs. Please submit payment to the City of Tustin within ten (10) business days. Should you have any questions or you would like to meet to discuss this matter, please contact me at (714) 573-3135. Sincerely, D S EN Code Enforcement Officer Attachments: Exhibit A CUP 98-029 Cc: Elizabeth Binsack, Community Development Director Y. Henry Huang, Building Official John Strain, Police Sergeant Justina WiIlkom, Senior Planner City of Tustin EXHIBIT A Invoice for Costs for violations of CUP 98-029 Violator: Gregory Fitzgerald Location of Violation: 14131 Red Hill Avenue Department No. of Rate per hour Total Hours Tustin Police Department 106 $63.77 $6,700.00 Community Development 6.5 $85.74 Director $557.31 Senior Planner 8 $65.24 $521.92 Code Enforcement Officer. lq $40.49 $566.86 Total $8,346.09 14131 Red HIN Avenue CUP violation Invoice Exhibit A 300 Centennial Way, Tustin, CA 92780 - 714-573-3149 - FAX 714-573-3113 Exhibit �rnmunity Development Department 8t November 1, 2006 Gregory Fitzgerald 600 North Tustin Avenue, Suite 260 Santa Ana, CA 92705 Mr. Larry R. Smith 3185 Moritz Drive Huntington Beach, CA 92649 City of Tustin '300 Centennial'Aay Austin, CA 021'80 14.573.3100 SUBJECT: REVOCATION OF CONDITIONAL USE PERMIT 981-029 FOR FITZ'S RESTAURANT LOCATED AT 14131 RED HILL AVENUE I Dear Mr. Fitzgerald and Mr. Smith: On February 17, 2006, City staff met with Mr. Fitzgerald to discuss the violations of Conditional Use Permit (CUP) 98-029 as they relate to Fitz's (currently known as Roderick's) restaurant located at 14131 Red Hill Avenue and asked for a Corrective Action Plan.. On March 3, 2006 Mr. Fitzgerald submitted a Corrective Action Plan and on March 17, 2006, you submitted a follow up letter with photos referenced in the Corrective Action Plan. On March 30, the City sent a letter to you commenting on the submitted Corrective Action Plan (Attachment 1). On July 21, 2006, City Staff met with Mr. Larry Smith, Mr. Matthew Huston, and your legal counsel, Mr. Floyd Ferrano, to discuss outstanding violations of CUP 98-029. At the meeting the City indicated that staff time responding to violations would need to be reimbursed; thus, on September 18, 2006, the City sent a letter identifying the Code Enforcement fees and asked. for payment to be made within ten (10) days of the date of the letter (Attachment 2). As of today, no payment has been made and outstanding violations are still unresolved. Please be advised that the City intends to schedule revocation of CUP 98-029 to the Planning Commission/City Council. Should the Planning Commission and/or the City Council decided to revoke CUP 98-029, no alcoholic beverages can be served on-site and no live entertainment can take place on-site. The City will advise you on the date and time of the hearing. If you should have any questions, please call me at 714-573-3031. Sincerely, Elizabeth A. Binsack Community Development Director Attachments: 1. Letter dated March 30, 2006 2. Letter dated September 18, 2006 14131 Red Hill Avenue CUP 98-029 violations November 1, 2006 Page 2 cc: Matthew Huston, 930 S. Keene Drive, La Habra, CA 90631 Floyd Farano, 2300 E. Katella Ave., Suite 235, Anaheim, CA 92806 City Attorney Y. Henry Huang, Building Official John Strain, Police Sergeant Justina Willkom, Senior Planner *66Community Development Department March 30, 2006 Gregory Fitzgerald 600 North Tustin Avenue, Suite 260 Santa Ana, CA 92705 City of Tustin 300 Centennial Way Tustin, CA 92780 714.573.3100 SUBJECT: VIOLATIONS OF CONDITIONAL USE PERMIT 98-029 FOR FITZ RESTAURANT LOCATED AT 14131 RED HILL AVENUE Dear Mr. Fitzgerald: On February 17, 2006, City staff met with you to discuss the violations of Conditional Use Permit (CUP) 98-029 approved through Planning Commission Resolution No. 99-29 for the Fitz restaurant located at 14131 Red Hill Avenue. At the meeting, the City provided you with a letter delineating the violations and requested a corrective action plan. On March 3, 2006, we received a corrective action plan and on March 17, 2006, we received a follow-up letter with photos referenced in the corrective action plan. Upon reviewing the proposed corrective action plan, we offer the following required actions and schedule: 1. Condition 1.8 of Resolution No. 99-29: Audited financial statements and schedules separately identifying gross sales of food and gross sales of alcohol must be submitted to the Community Development Director for annual review. The gross receipts of food sales must exceed the gross receipts of alcohol sales. If gross receipts of alcohol exceed food sales, the Community Development Director shall initiate proceedings to revoke the Conditional Use Permit. Fitz's Proposed Corrective Action: Fitz's will provide quarterly sales reports to demonstrate an increase in food sales. Fitz's requests an additional sixty (60) days to produce the report. City Response: An audited financial statement and schedules prepared by a Certified Public Accountant demonstrating the gross receipts of food sales exceed alcohol sales shall be submitted to the City no later than May 1, 2006. 2. Condition 2.3 of Resolution No. 99-29: Hours of sales of alcoholic beverages shall be limited to the hours when food is available. Service of food menu items shall be available during all business hours. Fitz's Proposed Corrective Action: Fitz's kitchen will be open the same hours as the establishments. Food will be available at all times. Fitz March 30, 2006 Page 2 of 4 City Response: Food shall be available during all business hours. The City will monitor and visit the restaurant to ensure this condition is complied with. 3. Condition 2.4 of Resolution No. 99-29: Operating hours shall be consistent with other businesses within the commercial center. The closing hours shall be 11:00 p.m. Sunday through Thursday and 12:00 a.m. Friday and Saturday. No new patrons shall be admitted after the closing hours and patrons shall vacate the premises within thirty (30) minutes after closing time. Fitz's Proposed Corrective Action: Fitz's hours are 4 pm to 11 pm Sunday through Thursday and 4 pm to 12 am on Friday and Saturdays. City Response: The City will observe the business hours to ensure compliance with this condition of approval. 4. Condition 2.9 and 2.14 of Resolution No. 99-29: Authorization for the on-site sales of beer, wine, and distilled spirits (ABC License Type 471 are contingent upon the use of the subject premises remaining a restaurant. The entire facility, which includes all three (3) levels, shall operate exclusively.as a restaurant. During business hours, at least 80 percent of the premises shall be designed and used for and must possess the necessary utensils, table service, and condiment dispensers with which to serve meals to the public. Should this use change or be discontinued, authorization for this use permit is null and void. Fitz's Proposed Corrective Action: Fitz's contends that -the facility is served as restaurant. Each table will have a container which will contain multiple utensils, menu, assorted condiments, and napkins. Servers will be instructed to ask patrons what they would like to eat, as opposed to what they like to drink. City Response: The City will observe the proposed corrective action and will conduct an inspection to ensure compliance with conditions of CUP 98-029. 5. Condition 2.15 of Resolution No. 99-29: "No Loitering" signs shall be posted at the entrance of the business. Fitz's Proposed Corrective Action: Signs prohibiting loitering had been installed. City Response: Action noted. 6. Condition 2.16 of Resolution No. 99-29: All litter shall be removed from the exterior area around the premises including adjacent public sidewalk areas and parking areas no less frequently than once each day that the business is open. It was observed that cigarettes were thrown b parking lot a y patrons and employees on the ground into the parking lot and the p 9 appeared unkempt. Fitz March 30, 2006 Page 3 of 4 Fitz's Proposed Corrective Action: Employees are not permitted to smoke in front of Fitz's. Fitz's cannot control the irresponsible acts of others, but Fitz's will do its best to minimize it. City Response: Although Fitz's cannot control irresponsible acts of others, it is Fitz's responsibility to clean up after its patrons. As conditioned, Fitz's shall remove all litter from the exterior area around the premises including adjacent public sidewalk areas and parking areas no less frequently than once each day that the business is open. If necessary, Fitz's shall employ on-site security personnel to ensure appropriate behavior of its patrons. 7. Bar Seats: On September 23, 1999, the City approved coin operated video games, one (1) billiard pool table for every 2,000 square fee (5) of gross floor area not to exceed two (2) tables maximum twelve (12) bar eats ngthe lounge area, and four (4) bar seats within the main level dining room. Fitz's Proposal: Fitz's is requesting additional bar stools such that six (6) stools will be located on the main level and fifteen (15) stools downstairs. City Response: Consistent with the City's Alcoholic Beverage Establishments Guidelines, a restaurant may only have a lounge or bar that is ancillary to the main use of a restaurant. Fitz's shall comply with the approved Conditional Use Permit and ensure immediate compliance therewith. 8. Fitz's Proposal for Outdoor Dining: Fitz's is requesting for three (3) to four (4) tables to allow for outdoor seating/dining in the patio area. City Response: No outdoor seating shall be provided without proper approval of a Conditional Use Permit from the City. Staff has concerns with the proposed outdoor seating and will not be supportive of the request. Outdoor seating, if it is not managed properly, would increase the noise impact, loitering, and. littering. In addition, a modification to the State Alcoholic Beverage license would be required prior to establishing an outdoor dining area. 9. Fitz's Inquiry on Redevelopment Funds: Fitz's is inquiring if the City has redevelopment funds available to assist in exterior improvements such as signage and paint. City Response: A representative of Fitz should contact Mr. Jim Draughon, Redevelopment Program Manager, at 714-573-3121 for information on redevelopment funds. Please note compliance that with the above corrective actions shall take effect CUP 98-029, the City's Code immediately. To ensure Enforcement Officer and the Police Fitz March 30, 2006 Page 4 of 4 Department will inspect the property frequently and unannounced. Further violations of CUP 98-029 would result in proceedings to revoke the Conditional Use Permit. If you have any questions, please do not hesitate to contact me at 714-573-3031 or Justina Willkom, Senior Planner at 714-573-3115. Sincerely, Elizabeth A. Binsack Community Development Director cc: Paul Garaven, Special Investigation Justina WiIlkom, Senior Planner Scott Reekstin, Senior Planner/Business License Brad Steen, Code Enforcement Officer Jim Draughon, Redevelopment Program Manager Department of Alcoholic Beverage Control September 18, 2006 Larry R. Smith 3185 Moritz Drive Huntington Beach, CA 92649 Gregory Fitzgerald 600 North Tustin Avenue, Suite 260 Santa Ana, CA 927b5 SUBJECT: Violations of Conditional Use Permit 98-029 for Fitz Restaurant located at 14131 Red Hill Avenue VOS-0368 Dear Mr. Fitzgerald and Mr. Smith: On October 14 and November 5, 2005, City staff observed your business, Fitz's, operating in violation of conditional use permit 98-029. The violations are as follows: Condition 2.3: Hours of sales of alcoholic beverages shall be limited to the hours when food is available. Service of food menu items shall be during all business hours. Condition 2.4: Operating hours shall be consistent with other businesses within the commercial center. The closing hours shall be 11:00 p.m. Sunday through Thursday and 12:00 a.m. Friday and Saturday. No new patrons shall be admitted after the closing hours and patrons shall vacate the premises within thirty (30) minutes after closing time. Condition 2.9: Authorization for the on-site sales of beer, wine and distilled spirits (ABC License Type "47") is contingent upon the use of the subject premises remaining a restaurant. Should this use change or be discontinued, authorization for this use permit is null and void. Condition 2.12: Any bar located within the facility shall function as a food/beverage service bar. Condition 2.14: The entire facility, which includes all three (3) levels, shall operate exclusively as a restaurant. During business hours, at least 80% of the premises shall be designed and used for and must posses the necessary untensils, table service and condiment dispensers with which to serve meals to the public. Condition 2.15: "No Loitering" signs shall be posted at the entrance of the business. 14131 Red Hill Avenue CUP 98-029 violations September 18, 2006 Page #2 Pursuant to condition 1.8 of CUP 98-029, you are required to provide annual financial statements identifying gross sales of food and alcohol. To date, staff has not received the financial statements. Per condition 1.10 of CUP 98-029, you are responsible for all Code Enforcement costs. Enclosed as Exhibit A, you will find an itemized cost summary of the Code Enforcement costs. Please submit payment to the City of Tustin within ten (10) business days. Should you have any questions or you would like to meet to discuss this matter, please contact me at (714) 573-3135. Sincerely, D S EN Code Enforcement Officer Attachments: Exhibit A CUP 98-029 Cc: Elizabeth Binsack, Community Development Director Y. Henry Huang, Building Official John Strain, Police Sergeant Justina Wilikom, Senior Planner City of Tustin EXHIBIT A Invoice for Costs for violations of CUP 98-029 Violator: Gregory Fitzgerald Location of Violation: 14131 Red Hill Avenue Department No. of Rate per hour Total Hours Tustin Police Department 106 $63.77 $6,700.00 Community Development 6.5 $85.74 $557.31 Director Senior Planner 8 $65.24 $521.92 Code Enforcement Officer 14 $40.49 $566.86 Total $8,346.09 14131 Red Hill Avenue CUP violation Invoice Exhibit A 300 Centennial Way, Tustin, CA 92780 - 714-573-3149 - FAX 714-573-3113 FARANO KIS VIET I, A W Y E R 5 November 20, 2006 Elizabeth A Binsack Community 1:7evelopment Director City ofTumin 300 Centennial Way Tustin. CA 92780 Transmitted by Facsimile to 714 373 ,3113 Original %llo wtl by U.S. Maid RE: CUP 9"29 Dear W Biattecllt: FLOYD L, FARANQ Alts f vey At Liar.- �a10 E ST 14ATE" AVE SUITE 235 ANAHEIM. CA 02"3 -IXOX This is in response to your letter of November 1, 2006 in rc ncc to the s*cct Conditional Use Permit Before I addross the substanceof your letter I want t to advise you that Mr. Fitzgerald is no longer r+epreenwd by Farano dt. Kieaviat, To the: best of our infarmatwn Mr, Fitzggrald will rcpk*cat himselfin all =tars of the subject CUP, we will however repmwnt Mr, Larry Smith in tura mattr of this proceeding. Your fefetvaa= to our mooing of'July 21, 2206, although correa in who it strut is vet misleading aW p miudiciol in what it doo not sUft I . Your November I lest mentiom Mr. Houston as an Wandee tet the July 21 maoetirtg but d+eaer no Wafify him as the panaWw a a(w" you wno nada awm on July 13, 20K 2. It was rnttde Vay aim to you moaft carder that (a) Mr. FiVWWd wait in the plte>+ w o(sidling "Ma" , (b) that its had bow W& As to =tW of Wt as you will recall. OW although I agnad to dimes any subject that you felt appropriate, the July 21 meeting was requested by me for the principesl pe qx*c of introducing You NW etre stat to Mr_ Houston and to nate you swain of W plum of rwwvaOon and they operation of a "full sit dawn restaura ur You will. firrtlrar mall that prior to the meeting I emailed nun roes documents to you including the identification Of Mr, flauston's Chofand magazine articles that described his ail camplix�s, paxt restnuranta at which he served and a smpla of the new menu, Your comments at the meeting left little doWX that you had not looked at or p'eftRs even opened the email message. You rind other aftendees were also oracle aware that Mr. Houston was in the pry of spending in excess of $25D,,000 to renovate the Premises and invited you anti other members of the staff to visit the pacmises to ass= themselves that he was in fact carrying out his promise. You A _IV;TED LIABUre e ARTNER&H P 1 FARAl' O KIEVIET ,_ :�, w .1 � R . made a statement to the: effect that it was not the intention of the City of Tustin to tum away a legitimate business. 3. Your letter does tal not mention that after "indicating" that the: City of Tustin would need to be reimbursed Car it's'Vodc Enforccme:nt fetes" at the JWy 21 meeting l contacted your doixtrtment and rwyueswd that these fc es and the amount thereof be made krja%m to us as soon .as possible and requeswd as time line ns to wham this information may be expected and (b) that we: now received a time line or any odw infonnstion in this resped until your September 18. 2006 lamer a ltuost two monft aft your Nader".. 4. Your letter dm not moan my stanntent and that mat of odws dw your arpmeft and probiwo were with W. p'ibWWd and rtes with Aft. Houston. N had the ilk that the July 2 1. =6 was bating rtcor&d� Wis W: once again I, it say that the City of"runt n s problems are with Mr, Fltxgesaraatd and NOT Mr. Houston, or, for than matter Mr, Smith. If you want to pursue Mr. Pitzprald tha v are certainly well known courses of action that will not involve or initis sever tiamncial hardship on anyone: else. That tit was mentioned by mei and pretty much ignorod by you at the July 21 meeting, it is one thing to punuc Mr. FitWrald to whateverr extent you think is appropriate singe he is the only "actor"or alleged "lad guy". It is another thing to pwsw aaa course of action the asf bo of which is to pwiM Mr. Smith wlto really committed no wrong soul even worn to MOM Mr, Houston who is c+ompidwy ineaga vnt orfunytiting oduff than to trying to take a building" evidently tonally displeased the Code Enforcannmt Department WW make it into a restauuatH which the City could welcorne as a final establishtiment. To do this is in eta GPW" is legally wrong, If you pasist in a arRltM of sa era the►# involves Mr. Snaith and p udcutattty tibial Mm on Mr. Smith's texttaam it is +prat inuntlon to protect Mr. Sartildr's le gal right to iWIM extent available under Ow late, As you probably know this proceeding is a disciplinary proceeding and is punitive in nature, Sirom the city is the accuser* my client has the same oppeounity as in a criminal prosecution to prepare his defenw Please be advised tha;refore that I am invoking my client's consritudo arl right to discovery as judicially recagnized at common law urKler the case of Shively v. Sttewwad (1966) 65 cal. Td 475; 53 Cal Rptr 217; 421 P. 2"44 65. As the California Supreme Court stated in that cam, the right to pretrial dimer► in civil and cr a1 cam is well rccognizcd in civil cases under the Code of Civil Pr cWurc and by common law in criminal cases. 7 FARAkvO KI EVI ET 1 Al 1Y ) 1- K I therefore "twA that information 'which directly or indirectly involves or c:omems the subjwt Conditional Use Permit 98-029 and the revocation t1wneof (COP hareinaflcr) to provided to the undmigned in a tingly fashion prior to the heating ser that an adequate defense can he prepared. This includes the following documents and information: 1. All reports, tethers, memos, nuns, emaxilsl, telephone lop, electronic recordings of mectings or conl'aremcetl or any other mcg ofcaomtnuntieatiu involving this CUP that is or was pmpawd by any poliva or law anthirco met sgantsy. This infomantion shall also include ttw ttmmcs arnd_addmm of any and all witnesses, and 2, All reports, letters, memos, notts, mails, wkphetsnrr top, sepia wcordl tp of any Mownge or conferences or any Other reeds ofcormnuniadons Involving this CUP that is or was pnr xmW by any and all code cnforcemne M personnel. This inroffnation shall include the names and addresses of any grad all witnesses, and 3. `rhe nnrmas and addresso of nary and all witnesses that will or are expected to pment any testimony or declarations under oath, and 4. Copies of any wW all other written repaints, lettere, memos. emails, telephone lop, electronic recordirngs of any meaetinp or confeve nces involving this CUP, notes, concerning the subject property, wW S, Any tnsnd all photographs'or drawings of the subject property is the possession of the city. 6, Any and all e:lewtantic mcordirtgs of any intrerviov ra of any witnesses, and 7. Copies of any wW all w6linp mprding the subject property, and S. COO= of any nand no business recce ung the opemdon of any business on the subjwt prapsrty, 9. +Ceapwaalr ofsay. and all edw documentary evi4we exp*OW to be ent'fi and at tho h"Mi l relpirding the rervae;antr on of am c nclitional un paced 10 All eatcetndrs, notes, mutt,, work popw s, amailat time shm9k cloctrook recce wW any aasd all oto cammunWWom popes or docume w that were wambled created or used to determine the wriount of the -Code Entoro rrtent fees" dcm=Wcd in your letter of S-eptmb it 18, 21106_ This information shall include the name% Wdressms of all persm submitting. creating. assembling or otharwise preparing the "Code Enforcement fes" demwde;d, I arta aware that some commwkations betwean me, you and members of your Department peeve taken place and that copies may be in my possession, Copies of such commuWcations am not exempt nor ane you rretieve d of rite obligation to furnish copiers of your oMce files of such documents and papers. In Bather wards even it I may have copies of some crrre;smpondene;e you are requested to giver me copies of your department fila Copies - 3 FARANO KIEVIET I, 1% 4v, � G R Ir Vic above luted documents are to he delivered to Carano & Kicviat LLP 2300 cast tells Ave, Suite 235, A rrahcia% Califamin 92806 at least ten days prior to the hearing regarding this revomtion or the canditimml use perrnit so the an adequate defense to the accusations can be prepared. As nod below, a copy of this commumieWon is being sent to the City Attormy of Ow city or-rustilL Very truly yours, FAI KIEVIIET. LLC, 3Y Floyd 14. Forano cc; [Arry Smith Tustin City Attorney 4 Exhibit GREGORY M. FITZGERALD A PROFESSIONAL LAW CORPORATION 800 NORTH TUSTW AVENUE _ SURE 280 T SANTA ANA, CALIFORNIA 92706 FACSMAiIE November 18, 2006 Mayor of Tustin City of Tustin 300 Centennial Way Tustin, CA 92780 To the Honorable Mayor of Tustin: I write this to you in hopes that clearer heads will prevail. For reasons that remain unclear to me, it appears as though certain employees of the city of Tustin, and particularly the Planning Department, have some sort of dispute with me personally. It seems they have lost sight of promoting the general welfare of the city in an effort to extract some sort of personal vindication. I can think of no other reason for the actions taken. Particularly the most recent demands. By way of background, I am the former owner of a restaurant then called Fitz's Pub and Lounge, located in the Stater Bros. shopping center on Redhill. I closed this business in July, 2006. I had purchased the business in May of 2003. During this three year period I was never once cited for any violation by any entity. I attempted to be proactive with city officials and twice went on my own initiative to the local police to seek their advice and input. There were no issues that I was aware of. I just wanted to make sure no issues would arise and to let them know that I would cooperate with them in any way they saw fit. Apparently in October and November of 2005, city code enforcement visited my establishment and noted what they believed to be CUP violations. At no time was I informed of these specific visits until almost a year later as these specific visits remained undisclosed at the February 2006 meeting discussed below. The violations, if any, were relatively nominal and remain united. I invite you to review them yourself as the October 2006 notification I received is attached. Some months later I was invited to meet with Ms. Binsack (February 2006). I gladly accepted despite being unaware of the agenda. It was at this meeting where I was maligned and threatened by city officials. The attending police sergeant strongly inferred I was personally engaged in the prostitution business. Needless to say I was quite shocked. Shocked that the city had concerns about my business. Shocked they thought I was personally involved in criminal activity. Particularly when I had been proactive in seeking their input long before. Again, I had never before or after this meeting been cited. I was not notified of any city concerns until this meeting where I was hand delivered a request for corrective action. I assured these officials that I was personally unaware of the activities they alleged and asked two things: could these allegations be verified and what could be done to stop them from occurring again. In response they were dismissive and provided little or no specifics. Unwilling to accept the risk that even some of what these officials were saying may be true, I immediately took corrective action. Within days I terminated virtually all of my existing staff and hired new management. I also responded to the relatively nominal items that were specific enough to respond to, and provided details of this to these officials. At no time have I been provided with any facts of alleged criminal activity. Nor do I believe these allegations to be true. Certainly any allegations as to me were untrue. I have been practicing law for 15 years and take very seriously my position as an officer of the court. Without any tangible evidence, it was just as likely a competitor spreading rumors. Anyone who knows me or how I ran that business was aware that I took a hard line against drugs and any illegal activity. I had invested several hundreds of thousands of dollars in this endeavor and sought to make it a place my wife and family would feel welcome in. Whether or not I succeeded or failed can be debated. My objective can not. One issue that did have merit was the reporting requirement regarding the ratio of alcohol to food sales. These reports had not been forwarded to the city. In three years it had never been an issue and to be quite frank, I was unaware of any affirmative action required on my parL I inquired of my predecessor and discovered that from the inception of the CUP in 1999, no such report had been requested or forwarded. What had clearly not been an issue with the city for over six years was now being used as a device to achieve what I have recently come to believe was and still is the Planning Department's goal of shutting down my business. Having no desire to engage in these matters and becoming increasing aware that the matter was in some manner personal to them but in no way personal to me, I listed the business for sale. The cities concerns were fully disclosed. Many of these same officials met with the buyer, my attorney, and my landlord (who is the individual who originally procured the CUP in 1999). The purpose of this meeting was to convey to these same officials that the buyer's plan of operation was consistent with the city's vision of how a restaurant should be run. At this meeting I was again maligned and disparaged, as was my business. As a direct result of this, the buyer demanded and received a huge discount off the purchase price. The buyer was plainly discouraged by these city officials from starting his business at this location. At this meeting they were also told that I would have to pay the city for "its costs" or else the CUP would be revoked. I then closed the business and turned over possession to the buyer. The buyer followed all appropriate procedure in regards to licensing and after extensive improvements, opened Roderick's in September 2006. The ABC required public posting for the requisite 30 days came and went with no objection by the city. The city also issued a business license to the buyer. Despite requests by my attorney for the "cost bill" and the legal authority to do so, no such bill was received until after the new business was in operation. It is my belief that this cost bill and the threat that it must be paid or face CUP revocation is, on its face, actionable. Citing two inspections in the fall of 2005, it alleges that over 100 hours of police time was necessary to investigate violations such as an insufficient number of "no loitering" signs and the number of forks and spoons on the table. A greater waste of city resources is difficult to imagine. I should think the citizens of Tustin would be outraged by the waste of such valuable and important resources. I know I was. Even if these precious hours were wasted on investigating my establishment, they did not result in any action whatsoever. There was certainly no charge brought. Not even a ticket. I also believe that an action against the city exists when it refused to issue an entertainment permit to Roderick's solely because the "debt" of another remained unpaid. Interestingly, the initial'application for this permit was "lost". After significant delays by the city, the permit was eventually denied. Ostensibly because of this unpaid "bill". Perhaps most important is that these officials got what it wanted- me out of business. The city of Tustin now has what is by any definition a nice restaurant in the location. Despite this they are threatening to revoke the CUP unless I pay these sums. I have no legal interest in the CUP anymore. Its revocation would do me no harm as it is a property right I no longer have. If the city believes I am indebted to them for $8346.09, sue me, I welcome the opportunity to litigate this matter. I will of course counter claim for all the damages I have sustained and they far exceed $8346.09. I will also examine thoroughly the apparently exhaustive investigation that took hundreds of hours and resulted in no action. It's not as though they are seeking to revoke the CUP due to this new owner's non compliance. The sole basis is the sums they believe are due from me. There is no legal basis to support the claim a debt exists, let alone as the basis to terminate a CUP property right. Particularly when the city sat on its rights, failed to object to the state, and allowed the new owner to proceed with a significant investment in order to comply with their vision. Again, my goal in communicating this to you is that perhaps objective leadership can recognize that in this instance these officials have gone too far. The existing business is in compliance. The city's objectives, whatever they may have been, and no matter how they may have achieved them, have in fact been achieved. Enough is enough. It's my sincere hope that Tustin's leaders will fulfill their function and remind employees of what their job is, and is not. The alternative will be a further waste of city resources. And to what end? Compliance? You've got compliance. If you haven't been to Roderick's, perhaps you should go down and see for yourself if it is necessary to revoke this CUP. I firmly believe that the best interests of the city are to allow Roderick's to continue operations and to cease all its efforts in this matter. Should you disagree I look forward to listening to your rational. Very truly yours, Cc: Tustin City Attorney Floyd Farrano, Esq. Larry Smith September 18, 2006 Larry R. Smith 3185 Moritz Drive Huntington Beach, CA 92649 Gregory Fitzgerald 600 North Tustin Avenue, Suite 260 Santa Ana, CA 92705 SUBJECT: Violations of Conditional Use Permit 98-029 for Fitz Restaurant located at 14131 Red Hill Avenue VOS-0368 Dear Mr. Fitzgerald and Mr. Smith: On October 14 and November 5, 2005, City staff observed your business, Fitz's, operating in violation of conditional use permit 98-029. The violations are as follows: Cond/don Z3: Hours of sales of alcoholic beverages shall be limited to the hours when food is available. Service of food menu items shall be during all business hours. Condition 2.4: Operating hours shall be consistent with other businesses within the commercial center. The dosing hours shalt be 11:00 p.m. Sunday through Thursday and 12:00 a.m. Friday and Saturday. No new patrons shall be admitted after the dosing hours and patrons shall vacate the premises within thirty (30) minutes after dosing time. Condition 2.9: Authorization for the on-site sales of beer, wine and distilled spirits (ABC License Type '47") is contingent- upon the use of the subject premises remaining a restaurant. Should this use change or be discontinued, authorization for this use permit is null and void. Condition 2.12: Any bar located within the facility shall function as a food/beverage service bar. Condition 2.14: The entire facility, which includes all three (3) levels, shall operate exclusively as a restaurant. During business hours, at least 80% of the premises shall be designed and used for and must posses the necessary untensils, table service and condiment dispensers with which to serve meals to the public. Condition 2.15: "No Loitering" signs shall be posted at the entrance of the business. 14131 Red Hill Avenue CUP 98-029 violations September 18, 2006 Page # 2 Pursuant to condition 1.8 of CUP 98-029, you are required to provide annual financial statements identifying gross sales of food and alcohol. To date, staff has not received the financial statements. Per condition 1.10 of CUP 98-029, you are responsible for all Code Enforcement costs. Enclosed as Exhibit A, you will find an itemized cost summary of the Code Enforcement costs. Please submit payment to the City of Tustin within ten (10) business days. Should you have any questions or you would like to meet to discuss this matter, please contact me at (714) 573-3135. Sincerely, J D S EN Code Enforcement Officer Attachments: Exhibit A CUP 98-029 Cc: Elizabeth Binsack, Community Development Director Y. Henry Huang, Building Official John Strain, Police Sergeant Justina. WiIlkom, Senior Planner City of Tustin EXHIBIT A Invoice for Costs for violations of CUP 98-029 Violator: G regga Fitzgerald Location of Violation: 14131 Red Hill Avenue Department No. of Rate per hour Total Hours Tustin Police Department 106 $63.77 $6,700.00 Community Development Director 6.5 $85.74 $557.31 Senior Planner g $65.24 $521.92 Code Enforcement Officer 14 $40.49 $566.86 Total $8,346.09 14131 Red Hill Avenue CUP violation Invoice Exhibit A 300 Centennial Way, Tustin, CA 92780 - 714-573-3149 - FAX 714-573-3113 Exhibit vee u14 w uc:tip Lawrence p,1 Lawrence Friend C'"x Btaincz & Assodates, CPA InC. Camsuk �i Coaaukants December 4, 2006 Matthew Huston, Owner Roderick's 14131 Redhill Ave. Tustin, Ca 92780 Dear Mathew: My firm received a request to document the breakdown of RoderGrick's revenue. From the date of inception, Odober 16, 2006 through November 29, 2006 sales tcuded 856,679.27. Food sales were $29,201.78 (51.52%N alcohol sales were 514,667.65 (25.88'x) aryl winvUer Was were $12,809.34 (22.60%). I lope this inSocm ition is helpful. If you need additional information please cal. Sincerely, wrence Friend, CPA 14521 Acacia Ave. Tustin, California 92780 • Facsimile Telephone �� ® E -Mail Maitre'D 0001 RODERICK'S Total net salsa Total taxes Total dbcount Total sales Service 2,912 ALCHOHOL 2,892 WINE/BEER 1,095 ENTREES 680 APPETIZERS 488 SANDWICHES 662 SALAD 50 DAILY SPECIALS 176 DESSERTS 381 BEVERAGES 118 KIDS 110 SIDES 84 COFFEES 4 MISC NO/TAX 1,843 GENERAL MODS 7 PIZZA TOPPINGS 606 ENTREE SIDES 9 RESERVED Total 2,912 ALCHOHOL 474 BEVERAGES 176 DESSERTS 5,639" FOOD 4 MISC 2,892 WINEBEER Total Sales consolidated Custom dab From Monday, October 16, 2006 To Wednesday, November 29, 2006 $53,790.75 $4,176.30 $2,888.52 $57,967.05 $0.00 $14,667.65 $12,809.84 $11,878.50 $6,569.25 $4,439.00 $1,788.00 $1,238.00 $1,107.75 $946.25 $666.00 $400.00 $169.50 $50.95 $21.78 $6.50 $0.00 -$79.70 $56,679.27 $14,667.65 $1,036.05 $1,107.75 $27,007.03 $50.95 0 Meal(s) 3,409 Client(s) 2,207 Table(s) 1,130 No sale(s) ►�'�`'� 1 25.88% 22.60% 20.96% 11.59% 7.83% 3.15% 2.18% 1.95% 1.67% 1.18% 0.71% 0.30% 0.09% 0.04% 0.01% 0.00% -0.14% 1.96% 47.65% 1405051 - 2005 SP4 HF3 No filter Meals value $0.00 Average / client $16.63 Average / table $25.68 Table turnover(min.) 53 Frequent Diner(s) 0 Rewards Coupon(&) 0 Data date range 10/16/2006 11/29/2006 Maitre'D 0001 RODERICK'S Sales consolidated Custom date From Monday, October 16, 2006 To Wednesday, November 29, 2006 65 Medias 25 ITEM COMP 19 CASH $24,639.50 38.23% 392 VISA $18,428.34 .28.59% 280 WC $12,927.15 20.06% 100 AMEX $8,011.66 12.43% 9 DISCOVER $746.09 1.16% 8 GIFT CARD PAYMNT $249.89 0.39% 6 KITCHEN SUPPLY $114.10 0.18% 6 PAID OUT #2 $144.26 0.22% 24 GIFT CERTIFICATE -$805.00 -1.25% 675 TIPS WITHELD $0.00 0.00% 675 TIPS PAID $6,488.94 10.07% 675 TIPS DUE -$6,488.94 -10.07% Total Medias $64 455.99 NET CASH DEPOSIT $4,150AG Taxes TAX $2,988.05 Tax Ind $1,188.25 TOW taxes $4,176.30 65 EMP DISC 25 ITEM COMP 19 DOLLAR 88 MGR 7 VIP Toth discount 1405051 - 2005 SP4 HF3 No filter $460.89 $284.39 $235.00 $1,719.50 $188.74 $2,888.52 Data date range 10/16/2006 11/29/2006 L. k TUSTIN Poua DEPARTMENT SUPPLEMENTAL REPORT 08-3207 INFORMATION REPORT On Saturday, May 3, 2007 at 0215 hours - and drove through the parking lot of Rodericks, 14131 Red Hill Avenue. In the parking lot we saw approximately 10 cars parked in the parking stalls and approximately 15 to 20 people milling around. Everyone in the parking lot appeared to have attended some kind of event at Rodericks. Two of the cars had all their doors open and were playing extremely loud music. One man was seen walking through the parking lot holding what appeared to be an open bottle of vodka. Thrash was strewn around the parking lot. Everyone in the parking lot seemed to be continuing to party even though the restaurant appeared to be closed. We stayed in the parking lot for approximately 15 minutes and called marked police units in to deal with the potential violations we were witnessing. Someone saw the police cars approaching and warned the others. All the music was turned down and everyone got into their vehicles and left. The responding police officers did not see any violations and no arrests were made. Binsack, Elizabeth THAT'S RIGHT YALL 1 MO DRANK PRESENTS LEVELS LOUNGE EVERY FRIDAY NIGHT a@ RODERICKS IN TUSTIN. THREE LEVELS GIVES YOU THREE OPTIONS TO GET IT CRACKIN!!! LEVEL, 1 FEATURES 2 POOL TABLES LOUNGE AND FULL SERVICE BAR. LEVEL 2 IS DA CLUB, GET YO BOOGIE WHILE DJ -OH -D BRINGS DA HEAT ALL NIGHT!!! LEVELS 3 IS THE VIP TABLE SECTION, BOTTLE SERVICE AVAILABLE. FOR MORE INFO CONTACT 714-420-0353 OR ONEMODRANKOGMA1L.COM EGza6ethA. Bins"k Community (Devekpment Director City of Tustin 714-573-3031 4w 1 s �: rn 0 N bA cd a O U GJ U CC1 t1. V] ►] i e o — d � E E m z .� g ow a v rn z g a a a a _ m � 8 a " > � f c .4 � m x 0 as N E rn 0 a� co co a 11 COPY 1 ❑ NO SUSPECTINPO TUSTIN POLICE DEPARTMENT 2 A❑ACTVE 1 4 C1~ O NO PROSECUTION DwRSD [3CE INSURANREPORT 300 CENTENNIAL WAY OED RO a COURTESY RtPORT TUSTIN, CA 92780 R❑ AE0ORSUSPE RECARos O� O DOM S I OU VIOLENCE K O COURTESY 5 REFER OTHER REPORTS O SIRS MOTIVATED FEL 3 ` NG ❑ GANG O MWNCIDENT REPORT o M ISIX O CONFIoENTIAL Sex CRIME 4 CODE 6ECIMN 7 CRSAEIN KMW TYPE 6 PWIMRY0WT* 6 SEECONOAAl1YCOI." 10 OTHER•COUNTS 11 OTHERCOUNT6 V rR- 2Z .1 o V I 12 SPECIFIC LOCATION OF CRIME 13 14 DATE � 16 DAY 16 TIME � l - F 17 FWA NAME (M boNbn) DATE AM 6 TMA! 20 21 DQE 22 Off 23 INA Z 1 �-tk- 011,100 -t Z 24 NAME (LAST. FIRST. WOOLS) 25 OCCUFMTION 26 ODA 27 SEX RACE 0 1 NMT 0 2 HISP 0 3 KK O 1 M 120 a 400 a S CHI 0 6 JAPN 0 7 RL a I f 0 6PAL 06VIET 0100TH 26 RESIDENCE AWW" 30 CITY STATE ZIP CODE 3/ REL PHONE 32 HT: 1 ) 33 1IMNESS ADDRESS 34 • CRY STATE ZIP CODE 39 SUS. PHONE 1 1 36 WT: 37 COOS SI NAME (LAST. FIRM L4NWU) 36 OOOIPATIDN 40 Dab. 11 S RAa 1 wHT a 2 HISP O 3 BLK - 1 0EX 1M 1411DE 04110 OSCM .W O6N 0?FL a 1 F a S R11111- a 6 VET O 10 OTN 43 RESIDENCE ADDRESS 44 CITY STATE ZIP CODE 45 REL PH" 46 HT: 47 BASTED N ADDRESS CITY STATE ZIP CODE N SUS. PHONE s0 wT: ( I 61 CODE s2 NAAt ILASL. FIRM wmm 0 OCCUMTION s4 DO•S. W SU � se RACE O 1 NMT 0 2 MDP O 38" I 0 1M 0 41ND 0 0 6 JAPN 0 7 FL :CHI 0 1 1 O spiel- 06VET 0100TH 67 RESIDENCE ADDRESS So CIT' STATE ZIP CODE m REL 8101E 60 HT: 6/ muslNEp 82 CRY Sim ZIP CODE 63 SIE. PHONE 64 WT: ADDREN 1 ) W COQ M NAME (LAM FIRST, MIDDLE) W OCCUPATION N DO.L M so 70 RACE 0 1 WHT O 2 HSP O 3 SLK 1 0:101 Ai O 4IID ❑ s CII 0 6 JAM O 7 F1L a f f a 6 PJSL 0 6 VIET CIO OTM 71 RESIDENCE ADDRESS 72 CITY STATE . ZIP CODE 73 RES. PHONE 74 HT: ( 1 7S SISNESS 76 CITY STATE ZIP CODE 77 SUB. PHONE 10 WT: ADDRESS I ) 76 UCENSE# 60 STATE 61 YEAR 6E MAKE MODEL 00 UNI{ 213 44)R 40 PA! 60 VAN 60 RV 100 OTHER SOOT BT1 I 143 0 2 -OR 30 CONY SOTRUM 70 SW 60 IMC as COLOR COLOR W OTHER CHARACTERISTICb p OISFOSTTTON OF VEHIDLE M O 1 THERE ISA WITNESS TO THE CRIME 0 2 A SUSPECT WAS ARRESTED O 1 FINGERPRINTS O 2 TOOLS w- 1. ORDER SERVED AT SCENE BY: P/ 0 3 A SUSPECT WAS NAMED 0 3 TOO. MA'SCINGS O 4 (GLASS 2. ENTRY MADE BY: P► ❑ 4 A SUSPECT CAN BE LOCATED C 5 A SUSPECT CAN BE DESCRIBED O S PAINT 3. NAME OF PERSON SERVED: O 0 BULLET CASING C B A SUSPECT CAN BE IDENTIFIED C 7 BULLET N O 7 A SUSPECT VEHICLE CAN BE IDENTIFIED O B RAPE KIT 4. RESPONDENT SIGNATURE: O B THERE IS IDENTIFIABLE STOLEN PROPERTY O B SEMEN O B THERE IS A SIGNIFICANT M.D. 010 8L000 St CSI PERFORMED BY: ❑ 10 SIGNIFICANT PHYSICAL EVIDENCE IS PRESENT ❑ 11 URINE O 12 HAIR ❑ 11 THERE IS A MAJOR INJURY/SEX CRIME INVOLVED NAME d Pi O 13 FIREARM G 12 THERE IS A GOOD POSSIBILITY OF A SOLUTION 0 14 PHOTOGRAPHS 13 FURTHER INVESTIGATION NEEDED n 1S OTHER (DESCRIBE) NOTES: :014 CRIME IS GANG RELATED O 15 HATE CRIME RELATED 90 TOTAL LOSS / DOLLAR AMOUNT O 16 REPRODUCTIVE HEALTH CRIME 93 SUPERVISOR AT SCENE: (RIME(. NAME d ID N0.1 64 ROUTED BY 66 ENTERED BY 96 DATE 67 REPORTING OFFICER / 10 NO W DATE E APPROVED SY 10 NO.100 OATS `A- %t - o /S-�d� TPO #1C01REV WOW TUSTIN ( PAGE _ ADDITIONAL NAMES I CRI POLICE DEPARTMENT , TPD 0103A IREV 9/2008) (� 71)- 2 CODE SECTION 3 CRIME 4 REFER OTHER REPORTS IJrt m VS LOCATION 6 AREA 7 NAME ILMI. FIRST. MIDDLE 9 OCCUPATION 10 D.O.S. 11 SEX 12 RACE 70'1 WMT CCOOE IS 2 HISP 3 SLK 7/ •� 7(- M 41ND S CHI 6 JAPN 7 FIL t F ._. 8 PISL 9 VIET 10 0TH 13 RESIDENCE ADDRESS 14 CITY STATE ZIP CODE 1S RES. PHONE 16 HT: W 17 SUi1NESS NAME i ADDRESS -- 18 CITY STATE ZIP CODE 19 SUS. PHONE 1 1 --- mw 21 EMAIL 22 CELL PHONE 2, LICENSE 021 STATE 25 YEAR ?• MAKE 27 MODEL 21 ii 0 LINK 2... 4-ORI 4': PAI 61.1 VAN BE RV 10:, OTHER STYLE V 2-d1 3:: CONY 5i TRUCK 7f-. SAY Or; AVC 26 COLOR/COLOR 30 OTHER CHARACTERISTICS 31 DISPOSITION OF VEIMCLE . 32 CODE 33 NAME (LAST, FIRST, MI 34 OCCUPATION 35 D.O.S. 36 9E7I i WHT 1:2 NISP )13—_ 1 F3?r-CE HI :: ,J 7 FK. >r� C oJAPN f E_ 8 VI 36 RESIDENCE ADDRESS 36 CITY STATE ZNr CODE 40 RES, PNOPE 41 HT. I I 42 BUSINESS HANE i ADDiEB{ 43 CITY STATE ZIP COD! N SW. PFKX+IE t f 44 EMAIL 47 CEL. PHONE 46 LICENSE I 49 STgTE 50 YEAR St MAKE 52 MODEL 'J•% / V 0C, UPN( 2'_; 4-101 4 C) P/U 6.'_, VAN 8 =: RV /0 C; OTHER SODY W �STYLE 1 C 2-OR 3 i: COW S u TRUCK T ;� SAN 9 L MA; 54 COLOR/COLOR 55 OTHER CHARACTERISTICS 56 06SP(SRION OF VEHICLE 57 CODE 58 NAME (LAST. FIRST. MIOOLF.) 59 OCCUPATION SO D.O.S. `61 SEX 82 RACE -i WHT ;: 2 HISP :': 3 B1K S f 4 IND 1 \ .l 5 CFE :- 5 JAPN :J T FN. 6 PI SL C 9 VIET ': 10 OTH _.._.� '- M W 63 RE IDENCE 54 . CITY STATE Zip CODE 86 RES. PHONE 66 N7;67 BUSINESS MAIN CITYSTATE ZIP M 70 WC 71 E AK 72 CELL PHONE l 73 74 STATE 75 YEAR 76 MAKE 77 MODE. 7BODY 0 C UNK 2 n 4-DR 4)11- PAJ 6 u VAN 6 C RV 10 13 OTHER �'► :;. STYLE 1 2-OR 3 0 CONS S C TRUCK 7 C WW 9 G MIC - 79 COLOR W OTHER CHARAC ncs in 08W0&TKIN OF VEHICLE 82 CODE tS NAME ME►, P4gIO T, MOLq 94 OCCUPATION i6 0.0.8. ,r 8E51 IT RACE ❑ 1 WHT C 2 HISP 0 3St.11 U C 1 M O 4 Sip ❑ 5 CooC 6 JApN :17 FE. 0 1 F C S PAIL C 9 VIET � C 10 OTH 88 PASEIENCE ADDRESS M CITY STATE ZIP CODE 90 RES. PHONE 91 HT. ( ) 92 BUSINESS NAME i ADORERS 93 CITY STATE ZIP CODE 94 SUS. PHONE i 95 WF. N EMAIL. 97 CELL PHONE 1 ) 98 LICENSE I 99 STATE 100 YEAR 101 MAKE 102 MODE. iDY OC- LINK 2 E; 4-OR 4 C PA) 6 7 VAN 8 Z RV lo= OTHER YSTYLE F- i i., 2-Di 3 r CONY 5 = TRUCK 7 -- S/W 9 =mm a 104 COLORJCOLOR 106 OTHER CHARACTERISTICS DISPOSITION Of VEHICLE 107 CODE 106 NAM[ RAST, FIRST, MIDDLE) 108 OCCUPATION 110 D.O.S. I 111 SEII 112 RACE 1 WHT _ 2 WSP :: 30" .. 1 M r 41M) _ 5 CRS 6 JAPN _= 7 FIL 1 f l 6 P.NL .-_ 9 NET - : 10 OTN 113 RESIDENCE ADDRESS 114 CRY STATE ZIP COOS 115 Rem PHONE _ 116 HT. W 117 EMNIEDi NAM! i AWRE68119 CRY STATE ZIP CODE tit 1 BUS. PHONE 120 1 WF 121 EMAIL 122 I CELL PHONE 1 123 LICENSE I 124 STATE 125 YEAR 126 MAKE 127 MODS 1�Y 0' : UNK 2 -: MOR 4 PAJ 6- VAN $- RV 10--OTHER STYLE 1 '.: 2-OR 3 :_ COIN 5 _. TRUCK 7 = SAN 9 : MA: 129 COLOFVCOLOR 130 OTHER CHARACTERISTICS 131 D13P05IT10P1 OF VEHICLE TUSTIN POLICE DEPARTMENT INFORMATION REPORT CR 08-2783 I received an e-mail from Community Development regarding Rodericks, 14131 Redhill Ave. This e-mail explained that it has been brought to the City's attention Roderick's is advertising an event on Friday evenings from 2100 hours — 0200 hours. This promotion was seen by searching ® on My Space under "1 Mo Drank Productions." Detective went to this website and printed the attached advertisement. The website advertised, "Levels Lounge @ Rodericks Every Friday Night from 9:00pm to 2:00am." "Ladies are free, Guys are $5 before 11:00 on the guest list." I contacted Alcohol Beverage Control, and told them about the "1 Mo Drank Productions" website. ABC Supervising Investigator viewed this website and informed me Rodericks is in violation of conditions on their alcohol permit, and in violation of other ABC laws. Mfaxed me a copy of Roderick's conditional use permit, see attached One of the provisions of their permit is sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 9:00 a.m. and 1:00 a.m. Fridays. M also explained it is an ABC violation to allow ladies into an establishment for free while charging men. M said ABC is conducting an investigation on Rodericks on separate matters, yet this case is still pending and to reveal the details in this report may thwart their investigation. go said ABC will contact me prior to any actions they take as not to interfere with our investigation. On 0411-08 at 2130 hours, , Detective Detective and I secreted ourselves in the parking lot adjacent to Rodericks. I have been inside Rodericks before and have been introduced to the owner, Matthew Houston. When we arrived, I saw Houston taking tables and chairs out of Rodericks through the rear North West door. When he was done, I counted about 40 chairs and 10 tables stacked in the parking lot.. At about 2140 hours, Officer and Officer entered Rodericks in an undercover capacity. The following conditional use permit violations were observed The below explanations of the permit are abbreviated for reading ease, see original permit: (3) 2.1 No off-site consumption of alcohol. At approximately 0020 hours, � andwalked out the front door each holding two bottles of Bud Light bottles. � and spoke with the bouncer as they stood outside (approximately 10 feet away from the front door) holding their beers. This person was identified as the bouncer because he was checking identification at the front door with an ultra violet light. The bouncer never ask1dor to bring their alcohol inside. As they were speaking to the bouncer, and noticed a subject openly drinking a bottle of Corona beer outside near the front door. The bouncer never asked this person to bring their beer inside. They also noticed a few other people drinking what appeared to be alcohol (glasses of dark liquid) on the front patio area. (2) 2.3 Hours of sales of alcoholic beverages shall be limited to hours when food is available. Service of food menu items shall be during all business hours. (5) 2.12 All bars shall function as food and beverage service. (7)2.14 All 3 levels shall operate as a restaurant. and =purchased beer at approximately 2145, 0135, and 0145 hours (04-11-08-04-12-08). At approximately 2230 hours, and � sat down at a table upstairs. They asked a female server if they could order food. The female said the kitchen was closed and proceeded to turn off the lights upstairs. She told them the top floor was closed and asked them to go downstairs. (7)2.14 At least 80% of the premises shall be designed & used to serve meals. Most possess necessary utensils, table service & condiment dispensers to serve meals. and Mnoticed the top floor had approximately 4 utensils present. The bottom floor salt and pepper shakers, but they did not recall utensils, napkins, or condiments. The middle floor did not have any tables, utensils, or condiments. The middle floor seemed to be used primarily as a dance area consisting of a dance floor and disk jockey. When we arrived, I saw restaurant owner Houston taking tables and chairs out of Rodericks through the rear North, West door. When he was done, I counted about 40 chairs and 10 tables stacked in the parking lot. I believe a majority of these tables and chairs came from the middle floor and were removed to make space for dancing. (2) 2.4 Closing hours shall be 12:00am Friday and patrons must vacate the premises within thirty minutes after dosing time. (ABCconditional use permit states sales, service, and consumption shall cease at 1:00 a.m. on Fridays, see attached ABC permit. At approximately 0030 hours, � and M counted approximately forty patrons inside Rodericks. At approximately 0050 hours I called Rodericks and a female voice answered, "Good evening, Rodericks." I asked her what time they closed. She told me they would be open for another 45 minutes. and r purchased beer at 0125 hours. They noticed other people still purchasing alcohol at 0150 hours, and the bar appeared to stop serving alcohol around 0152 hours. (5) 2.11 Applicant shall obtain a Public Dancing Permit and Entertainment Permit prior to offering dancing and live entertainment. I located a Rodericks live entertainment permit which states piano bar, jazziblues singer, and live bands are authorized. Any different type of entertainment must be requested in writing to the Director of Community Development. No dance permit was located. The middle floor had a disk jockey playing music, and a dance floor where people were dancing. During the course of our investigation, several observations were made in the parking lot. At approximately 2200 hours Detective ��observed a male, later identified as smoking what appeared to be marijuana in the Rodericks parking lot. was seen smoking with other subjects who later went into Rodericks. Detective conducted a vehicle stop for a vehicle violation as � left the scene. During this stop, told he had a medical marijuana prescription and presented related documentation. also said he smoked marijuana with other people in the parking lot of Rodericks earlier that evening. � was released at the scene. At approximately 2230 hours, I observed a male loitering directly to the rear of Rodericks. I noticed he was crouched down by some bushes and it appeared he was vomiting. Detective Mand Detectivespoke to this subject and identified him ;XM�A records check revealed was an H&S 11590 drug registrant. noticed was drinking an open bottle of Sierra'Nevada beer. Msaid he just purchased the beer across the street at the liquor store. M noticed vomit on the ground where I saw M crouched earlier. � later returned to the rear of Rodericks where I observed him urinate in public. Detective �� also observed a different subject who was a Rodericks patron urinate in the parking lot. While at Rodericks,and fW overheard a male claim to be a "Watergate Crips" gang member. A vehicle stop for a vehicle violation was conducted on this subject when he left Rodericks at approximately 0230 hours. This subject, identified as admitted he was a Watergate Crips gang member. am was released at the scene. From the time I arrived, until approximately 0150 hours, I heard music emanate from Rodericks. I was parked approximately 50 feet away from Rodericks and 100 feet away from an apartment complex. At approximately 0020 hours, about five subjects leaving Rodericks held a very loud conversation which lasted approximately five minutes in the parking lot West of Rodericks. This conversation was most likely audible to the adjoining apartment complex west of Rodericks. One of the subjects who partook in this conversation turned their car stereo up very loud and screeched their wheels in the parking lot while driving away. Throughout the course of the evening, �� and I saw Matthew Houston on the premises. I noticed Houston picking up trash and putting the chairs and tables back into Rodericks at approximately 0200 hours. I ran a computer check on calls for service at Rodericks for the past year and attached these calls. Some of these calls included the following: • Subject Disturbance • Fight disturbance • Auto Theft • Hit and Run • Burglary • Vandalism • Suspicious occupied vehicle Contact TPD records for further information on these calls. I request a copy of this report be forwarded to Community Development. ■ r O w ° ADW rrom 9.*00-pt" -to 2.#00am Come ovtxllt. P..Nrt14 ffi OCF, ,sexicst new 1vt Svotflf tA4 c'm Z 511 0 VIP tAttw' AV -NI !,%!-)I Dj-Oh-D w1*11 be m the I's & 2's spffmifiS Hip -Hop filshnif 'For G wstfist ixyi�> VIP tAlz bifj cowNq )�Ao Drmih Protwai0ys" 714420-035) 0I.Com or APR -09-2008 10:59 INTA ANA P.02 BEFORE THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL C►�� OF THE STATE OF CALIFORNIA In the Matter of the Application of: File: 47-442707 HUSTON Matthew Roderick HUSTON Theresa Louise DBA: Rodericks 14131 Red Bill Tustin, CA 92780 PETITION FOR CONUITTONAL LICENSE For issuance of an On Sale Cieneral Public Eating Place License Under the Alcoholic Beverage Control Act WHEREAS, petitioners) hw'have filed an application for the issuance of the above -referred -to licenses) for the above-mentioned premises; and, WHEREAS, the privilege conveyed with the applied -for license requires that the petitioner(s) operate(s) the premises, in good faith, as a Bona Fide Public Eating Place; and, WHEREAS, the proposed premises and/or parking lot, operated in conjunction therewith, are located within 100 feet of residence(s); and WHEREAS, issuance of the applied -for license without the below -described conditions would interfere with the quiet enjoyment of the property by nearby residents and constitute grounds for the denial of the application under the provisions of Rule 61.4, of Chapter 1, Title 4, of the California Code of Regulations; and, WHEREAS, the proposed premises is within 600 feet from Frontier Park; and, WHEREAS, issuance of an unrestricted license without the below -described conditions may ince fere with the public use of the above-mentioned consideration point; and, WHEREAS, the issuance of an unrestricted license would be contrary to public welfare and morals; NOW THEREFORE, the undersigned petitioner(s) do/does hereby petition for a conditional license as follows, to -wit: 01. Sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 09:00 a.m. and 12:00 Midnight, Sunday through Thursday; and between the hours of 09:00 a.m. and 1:00 a.m., Friday and Saturday, and New Year's Eve only. Initials; / ABC -172 (2/00) HUSTON Matthew Roderick HUSTON Theresa Louise 47-442707 Page 2 02. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records which reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Depa tment on demand. 03. There shall be no more than seven (7) amusement machines, video game devices or pool tables maintained upon the premises at any time. 04. Entertainment provided shall not be audible beyond twenty five (25) feet of'the exterior of the premises under the control of the licensee(i) as defined on the ABC -257 dated 07-24-06 and ABC -253 dated 07-24-06. 05. Therc shall be no topless male or female performers, or fashion shows permitted on the premises at any time. 06. The petitioner(s) shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control, as depicted on the ABC -257 dated 07-24-06 and ABC -253 dated 07-24-06. 07. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all parsons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. This petition for conditional license is made pursuant to the provisions of Sections 23800 through 23805 of the Business and Professions Code and will be carried forward in any transfer at the applicant -premises. Petitioner($) agrees) to retain a copy of this petition on the premises at all times and will be prepared to produce it immediately upon the request of any peace officer. The petitioner(s) understand(s) that any violation of the foregoing condition(s) shall be grounds for the suspension or revocation of the license(s). DATED THIS - 1 DAY OF Appli etitioner ABC -1 n (2100) Tr1Td 0 WT 00000000001-JHF►I F-�1-�F-�F- HHF-�1-�F• HHHHHO( DOQOOO I d >> Hn 01O101O1O1JJODOD�DOO F'F'F-'!-'H'NNNNNNNNNF-� J W W W WOP I p! 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U1wwODOlob Ob& m11 wwwF-SNH01U1NtOF-�0E-j1-�JJODH^00INm00H I U10D1O0 WO�DF-�1O1J1iAJ WrPJJOONU7F-��DOF-+N WRAF-�J W O�POOD WU7 I F�F�HHF�F-�HHHHHHF-JFAHHHHHHHHHHHHPHHHHHHHHH I ,DI HFJHHHHHH1-4HHHFJHHHHHHHHHHHHH1-jHHHHHHHF-A H I p, wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwlr� H H HN F -A H H H H H H H H H H H H H H H H H N H H H H H H I (p Gd�U'tJ�dMGCdM9d�GmCJCJt�til G�ddGMdCCddmG�GG�CJG�GC7tyG � m xxxpCxxxxxpCxxxpCxx]C]CxpC�Cx�CxpCpC�Cxxx�C]CxpCpCx I H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H I rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr► rrrrrrrrrrrrrrrrrrrrrrrrrtrrrrrrrrrrrl 1 CCCCCCCCC<CCCCCCCCCCCCCCCCCCCCCCCCCC� 1 i 1 ro I o o I d y n to to I a C H o N I rt co z O O I H N J J i Z O O to w UJ w I P- 0 w I �P tp I N N I w U7 I ronlm H 1 1 H I O x ro I y r O I dnl H n I cn I C 1 ih13{i 1 1 1 Z 1 n I N N 1 rj U1 Ln I P- a O I H N p, N � N I H fA •• 1 \ N m W I O co I O H co 00 I lD W 1 I \ N W U1 I ( 3 W M J J I 00 I w Ln0o U1 J I fY H W I U7 J I wwlH I � d d 1 xx� H H I rr1 rr1 I CCS 1 1 I ro I � Exhibit �10 MO"sftCv PO TUSTIN POLICE DEPARTMENT 2 A0ACTVE 4 `R' O %0 PROGSCUTN M DESUMID 8O ❑ IIalMuwcEREPORr 300 CENTENNIAL WAY 8lI8PEN0ED ❑COURTIlm F&PM TUSTIN, CA 92780 RO RECOPw — ?j Z � 7 ❑ coul C VIOLtNCE KO COURTESY 6 REFER OTHER REPORTS ❑ BIAS MOTIVATED O FEL 3 ❑ GANG RELAM1VI: CRIMEANCIDENT REPORT ❑ COl�IDENTUIL so cram O Willa 6 CODE SECTION7 CANA6041DENT TYPE 1 PRMMR'KC01WS 9 SECONQ1RriCOJNTs 10 OTHt♦4CQI1NT6 11 OTHER -COUNTS '' � 2Z I o - , . W 12 SPECIFIC LOCATION OF CREAE 14 DATE 16 DAY /1 TIME _ 17 FORM NAME (M kcm*M) • "AT,RPT'D 11 TWA r DATE 22 DAY 23 TIME Lab o - -? ► C. v<— SLl JA • L - L> A ' RTlJ Q (V-' c� tea,, 24 NAME (LAST, FIRST MIDDLE) 26 OCCUPRTION . 27 SEX 2/ RACE O 1 WHT O 2 MBP C3 U( 3 S al M O 4I4D O SCM O 6 JAPN O 719L 1 IN O E PO L O E NET O 10 OTHk_ 29 RESIDENCE ADDRESS 30 CITY STATE ZIP CODE 3+ REE. PHONE 32 HT: 33 SUNNESS ADDRESS 34 CRY STAR ZIP COOS 36 EUS. PHONE 30 PIR: f ) 37 CODE 0 NAME (LAST FIRST, M" 31 OOCUFPRION 40 01" 41 SEK MMT 4E RPCJE O t T 0 2 NIP O 3 ELK 1 0 1 M O 11O O S01AWN O 7Ftl D •PSL O 1vET O+OOTN W REST "m A mm" M CITY STATE WOODS 41 FES. MIONK M M: ( I 47 MUSIN1SS 41 ADDRESS CRY STAR ZIP cons N KAPHOFE SO WT: 1 ) 51 CODE 32 NAME (LAST. FIRST MIDDLE) 53 OCCUFxnokT O.S. 56 SEX 66 RACE 0 1 WM O 2 MSP O 3 SLK 0 1 M 0 4WO S CM O 6 APN O 7F& 0/ F 0 1 P.161.. 0 6 VIET 0 10 0TH E 67 RESIDENCE ADDRESS S1 CITY STATE ZIP CODE 66 RES. PHONE 60 M: ( ) et BUBMEBS eE CITY STATE ZIP CODE e3 BUB. PHONE 64 WT: ADDRESS t ) 66 CODE M NAM! (LW.. FIRST, MIOOLS) 67 OCCUPATION 61 QO.s. M SEX RACE O 1 WM O 2 MSP O 3 ELK O I'M t M O 41NO 0 S CM 0 6 JAPN O 7 F1. O/ F 0 4 P.EL 0 9 VIET 010 OTH 71 RESIDENCE ADORES 72 CITY STATE ZIP cons 73 FEB, PHONE 74 HT. I I 76 w6MEs6 71 CRY STATE ZIP CODE 77 EUS. PHONE 71 WT: ADDRESS ( ) 79 LICENSE# 60 STATE 61 YEAR 12 MAKS 13 MODEL 1).O _ BODY UNK 20408 40 PAt 60 VAN 60 RV 100 OTHER 5.... •17LY� 10243A S0 OO W' SOTRUCK 70 BAP 90 MC ,�P 0E CI.OR OTHER S I'm El /OFVEMOLE:. M ❑ 1 THERE IS A WITNESS TO THE CRIME O 1 FINGERPRINTS M 1. ORDER SERVED AT SCENE BY: a ❑ 2 A SUSPECT WAS ARRESTED ® ❑ 2 TOOLS P# O 3 A SUSPECT WAS NAMED ❑ 3 TOOL MARKINGS O 4 GLASS 2. ENTRY MADE BY: P# C 4 A SUSPECT CAN BE LOCATED O S PAINT C S A SUSPECT CAN BE DESCRIBED 3. NAME OF PERSON SERVED: O 8 BULLET CASING ❑ 6 A SUSPECT CAN BE IDENTIFIED C 7 BULLET ❑ 7 A SUSPECT VEHICLE CAN BE IDENTIFIED ❑ B RAPE KR 4. RESPONDENT SIGNATOR£: O IS IDENTIFIABLE STOLEN PROPERTY ❑ 9 SEMEN :THERE O 9 THERE IS A SIGNIFICANT M.O. ❑ 10 BLOOD 02 C31 PERFORMED BY: C 10 SIGNIFICANT PHYSICAL EVIDENCE 13 PRESENT C3 11 URINE O 12 HAIR C 11 THERE IS A MAJOR INJURY/SEX CRIME INVOLVED NAME 6 P# O 13 FIREARMS ,: 12 THERE IS A GOOD POSSIBILITY OF A SOLUTION O 14 PHOTOGRAPHS Z 13 FURTHER INVESTIGATION NEEDED ❑ 15 OTHER (DESCRIBE) :3 14 CRIME IS GANG RELATED' C 15 HATE CRIME RELATED 60 TOTAL LOSS / DOLLAR AMOUNT ❑ 16 REPRODUCTIVE HEALTH CRME 93 SUPERVISOR AT SCENE: (RANK, NAME t 10 NO.) 94 ROUTED BY 9S ENTERED BY 96 DATE 97 REPORTMIO OFFICER / 1O No 91 DATE 99 EY / 6) N0. 100 DATE TPD #100 (REV 1/103) PREMISES BUSIQSS L U 1 BAN"AV LOAN FINANCE/CREDIT UN ❑ 2 SAM ❑ 3 CLEANERSA.AUNDRY ❑ 4 CONSTRUCTION SITE ❑ 5THEATER ❑ 6 FAST FOODS ::) 7 GAS STATION C 0 HOTELIMOTEL 9 DEPTJDISCOUNT STORE C 10 GUN/SPORT GOODS ❑ 11 JEWELRY STORE CI 12 LIQUOR STORE O 13 PHOTO STAND D 14 CONVENIENCE STORE 0 16 RESTAURANT D 18 SUPERMARKET ❑ 17TV/RAOIO 0 16 AUTO PARTS 0 19 BICYCLE SALES 0 20 CAPA40TORCYCLE SALES ❑ 21 CLOTHING STORE 0 22 HARDWARE 0 23 MEDICAL 0 24 OFFICE BUILDING C 26 SHOE STORE C 20 WAREHOUSE C 27 OTHER C 20 APARTMENT T um C 30 CONDOMINIUM C 31 DUPLEX/FOURPLEX C 32 GARAGE ATTACHED C 33 GARAGE DETACHED 0 34 HOUSE D 39 MONA HOME 0 38 OTHER ❑ 37 CHURCH I Lila ❑ 30 HOSPITAL O 30 PARK(PLAYGROUNO ❑ 40 PARKING LOT 0 41 PUBLIC BUILDING ❑ 42 SCHOOL ❑ 43 SHOPPING MALL ❑ 44 STREET/HWY/ALLEY ❑ 45 OTHER_ ❑ 48 CAMPER Lum C 47 MOTOR HOME C 48 PASSENGER CAR C 49 PICK-UP C 50 TRAILER S 51 TRUCK 52 VAN 53 OTHER 7 POINT OF ENTRY I I PROPERTY/ATTACKED 11 U 1 FFIONT 2 2 REAR Li 3 SIDE LI 4 DOOR U 5 WINDOW 1.1 8 SLIDING GLASS DOOR 117BASEMENT i e ROOF rl 9 ROOK ❑ 10 WALL 1 11DUCTNENT 12 GARAGE 13 ACU BUILDING 14 GROUND LEVEL 3 IS UPPER LEVEL ❑ 16UNKNOWN ❑ 170THER 1 NO FORCE USED 2 WW40OW SMASHED 3 ATTlMPT ONLY = 4 BOOK.Y FORCE U 5 BOLT CUT/ PLIERS 6 CHANNEL LOCK/PIPE WRENCHIME GRIPS 7 SAWADRIIUSURN 8 SCREWDRIVER C 9 TIRE IRON 10 UPR( PRY BIW ❑ 11 COAT HANGER WIRE 12 KEY SUP SHIM ❑ 13 PUNCH ❑ 14 F496U E LOWERS ❑ ISBRK:IUROCK In 16 HID W BUILDING ❑ 17 WALKEO IN ❑ 11 UNNONOUVN o Isamm C 1 OOOPDIOCIK FORCED C 2 TRUNK FOFICED C 3 WINDOW BROKEN G 4 WINDOW FORCED C S WINDOW OPEN C 8 UNLOCKED C 7 UNKNOWN / 8 OTHER PHYSICAL CONDITION 17 ❑ 1 UNDER NFL. ALCOHOU 013 DRUGS 7 2 SICIVINJURED :1 3 SENIOR CITIZEN ❑ 4 BUND 3 S HANDICAPPED ❑ 6 DEAF 7 7 MUTE 8 MHITALLY/EMOTIONALLY IMPAIRED 9 OTHER TRADEMARKS W7 FIs) ACTgMS 14 1 CASH NOTES C 1 DEMANDED MONEY 010 L 2 CLOTHESIFUR C 21NFUCTED INJURIES r7 3 CONNSU MA13LE GOODS ❑ 3 SELECTIVE IN LOCK C: 4 FIREARMS ❑ 4 STRUCK VICTIM C S HOUSEHOLD GOODS ❑ 5 ALARM DISABLED ❑ 6 JEWELRY METALS 0 6 ARSON 11 7 LIVESTOCK ❑ 7 ATEA ON PREMISES C 0 OFFICE EQUIPMENT O 8 BLINDFOLDED VICTIM C 9TV/RADIO/CAMERIA SOUND/GAGGEO C 10 MISCELLANEOUS C 9 CAT BURGLAR C 11 UNKNOWN ' 10 DEFECATEDIUR1NATED C 12 OTHER L i I D040M VICTIM FULLY ❑ 12 DISPOSED VICTIM PAR'TULLY ---- ❑ 13 FIREEI WEAPON 0 1 SUSPECT CL"MED Fo-m p 14 FORCED VIC To MOVE ❑ 2 UN IMIOINN IF CLIMAXED E3 15 FORGED VIC INIID VEHICLE 0 3 VICTIM sOUNDmED ❑ 16 HAD BEEN DRRNKM6 ❑ 4 VICTIM I4JUM M O 6 OOVEMlt1 VICTIM FACE 0 171NDICATION W.54 SUSPECTS I PHOTOGRAPHED VICTIM ❑ 16 KNEW LOC. HIDDEN ITEMS O 7 VIC ORALLY COPULATED SUSP ' 1/ MADE L -1CID 20 PLAPJIOPBRY IN SACI,FOCI(ET ❑ 8 SUSP ORALLY COPULATED VTC ❑ 9 PAPE BY INSTRUMENT (FOREIGN C 21 PREP�IIIED EXIT OBJECTe) C 22 RANSACKED C 10 8000MY C 23 ft*PEDN:UT CLO'THMG ❑ ,,SUGGESTED VIC COMMIT LEWD C "'i'1#JT OFF POWER PEMVLWW ACT ❑ A SMOKED ON PREMISES ❑ 12 NISERTED FINGER INTO VAGINA d 20 SEARCHED VICTIM C: 13 FORCED VIC TO FONDLE SUSP ❑ 27 SUSPECT ARMED 0 14 SUSP FONDLED VICTIM 0 20THREATENIED RETALIATION C 16 MASTURBATED SELF i 7 26 TOOK ONLY CONSUMABLES ' Ole ❑ 30700KVIICTIM18VEHICLE ❑ 31 TORTURED SUROLARY ONLY i = 32 UNDER INFLUENCE DRUGS W�� is MEM�R OF NEIGH "7'""' 00S = 33 USED DEMAND NOTE 01 C YES02 C NO / IB 0 34 Ll LOONOUT MEMBER OF GPF�iq'K3N Mom ❑ 35 USED DF>IVEl1 Os ❑ YEeo4C INTewEtrED INIpN wArcHT O 38 USED M�ANDL11 05 0 YESOR NO 0 37 USED VICT�B NAME HAD HOME�Ness PaPECTKm O 3/ USED VICTM S D7= YEWO NO SUITCABOVILLOWCAN WHD17,/ ❑ 30 USED VICTIXS TOOLS 40 VDI NEEDED TO REMOVE PROPERTY ❑ 4/ CLlTAXSCONNEC7ED PHONE ❑ 42 QUSED LACATIOH BEFORE CRIME _ Z. 43 FOLLOWEDWALKED VICTIM _ ❑ 44 OTHER RELATRCNWWTO SUSPECT C 1 HUSBAND C 2 WIFE C 3 MOTHER ❑ 4 FATTIER ❑ 9 DAUGHTER ❑ 6 SON 7BROTHER � 8 sLsm 9 OTHER FAMILY 10 ACODUNTANCE C 11 FRIEND ❑ 12 BOYFRIEND ❑ 13 OILFRIEND ❑ 14 NEIGHBOR ❑ 1S BUSIIESS ASSOCIATE C IG STRANGER r 17 UNKw" SUSP . PRET. TO BE tE Q11 I CONDUCTING SURVEY ❑ 2 CUSTJCLIENT ❑ 3 DELIVERY PERSON ❑ 4 DISABLED MOTORIST ❑ S DRUNK rJ' 6 EMPLOYEEIEMPLOVER 0 7 FRIENOVRELATIVE G 8ILUI�wRED C 9 NEED PHONE C 10 POLK;EALAW O 11 RENTER ❑ 12 REPIURMIAN ❑ 13 SALE OF ILLICIT GOODS ❑ 14 SALES PERSON C 16 SEEK ASSMIANCE ❑ 16 SEEK DIRECTIONS C 17 SEEKING SOMEONE ❑ 1S SOLICIT FUNDS C 19 OTHER C 1 AUDIBLE ALARM ❑ 2 SILENT ALARM ❑ 3 PRIVATE SECURITY PARROL 34000 ❑ B STANDARD LOCKS ❑ 6 AUXILIARY LOCKS (DEADBOLT. WINDOWS. ETC) O 7 WINDOW SARILVIALLS ❑ • OUTWE LGHTING ON C 91NSIDE IIGHTNNG ON 10 GARAGE DOOR LOCKED 11 OBSCURED INTERIOR VIEW (COMMEMGAL/ousims8) - 12 SECURITY SIGNING (N.W. ALARM ETC.) 13 UNKNOWN 14 OTHER 10 MARRAL STATUS 1 = 1 SINGLE 019 = 2 MARRIED 3 DIVORCED ❑ 4 SEPARATED ❑ S ANNULLED ❑ 6 COMMON LAW ❑ 7 WIOOUN(ER) ^ 0 UNKNOWN ❑ 9 OTHER ADDITIONAL NAMES / LAW ENFORCEMENT PERSONNEL ONLY A- ASSISTED AT SCENE C. CRIME SCENE INVESTIGATION F- ASSIGNED FOLLOW-UP OFFICER PAGE P- PERIMETER ASSIST W- WITNESS w nA 1771, n1f I I�+�ME 'I ALoA I!v 10 NO lul 14FM,r NAME TUSTIN POLICE DEPARTMENT 141 A+,CNLY 4olmesS ITY- _---- _ - LIP r42 AI.F.N(:Y Pw. 900 CENTENNIAL WAV ---. E STI-_ _— TUSTIN CA 92730 ---- - - -- 143C.AN 'E5Tli'Y rrr ------- - -- - - - -- ----- ----- -J , 1 - I T `Y � / — c Iu IW CODE I IS NAME ILAAT FIRST NAME 14610 NO la: AfiEN<;Y NAME ✓� L I TUSTIN POLICE DEPARTMENT 146 Af.EM:Y ADDRESS -_. r Iry .-_'-�. JA..-__ TE - ZIP 119 AGENCY PRONE ,100 CENTENNIAL WAY - - - TUSTIN -- CA 92780 Iso CAN TFSnFY TO� 151 CODE 152 NAME ILAST, FIRST NAME t531D NO 154 AGENCY NAME h TUSTIN POLICE DEPARTMENT 166 AGENCY ADDRESS Cm STATE DP IN AGENCY PHONE 300 CENTENNIAL WAY TUSTIN CA 92780 167 CAN TESTIFY TO It ISS CODE i "111111 ILAST Flol NAME 60 0 No. 161 AGENCY NAME TUSTIN POLICE DEPARTMENT 162 AGENCY ADDRESS CITY TATE ZIP 300 CENTENNIAL WAY TUSTIN CA 163 AGENCY PHONE 92780 164 CAN TESTIFY M 166 CODE186 T FIRST NAAtl1 16710 NO. 166 AGENCY NAIAE TUSTIN POLICE DEPARTMENT 1N AGENCY ADDRESS CITY StA1E ZIP 300 CENTENNIAL WAY TUSTIN CA 170 AGENCY PHONE 92780 ( dommomw 171 CAN TESTIFY TO 172 CODE , /J NAME (LAST. FIRST NAMED) i 7A ID NO. 17s AGENCY NAME TUSTIN POLICE DEPARTMENT 116 AGENCY AGGRESS CITY STATE ZIP 300 CENTENNIAL WAY TUSTIN CA 92780 1T' AGENCY PHONE rn cAN rE6T1ry ro- 179 COOS 1 W NAME (LAST, FIRST 6YIt1A13 191 b NO. 109 AGVVY NAME 123 AGENCY ADDRESS CITY STATE ZM 164 AGENCY PHONE 166 CAN TESTIFY TO: 186 CODE 167 NAME ILAST. FIRST NAME) ONO I99 AGENCY NAME 190 AGE14C / ADDRESS CITY STATE ZIP 191 AGENCY PHONE 192 CAN TESTIFY TO - 193 CODE i 134 ^DAME IL.AST FIRST NAMES NO. 196 AGENCY NAME 197 A(,ENCY ADDRESS CITY STATE ZIP i 96 AGENCY PHONE 199 CAN TESTIFY TO 200 CODE i 201 %AME -LAST FIRST NAMES � I 102!C NO. i 203 AGENCY NAME 204 AGENCY >DUFESS CITY STATE ZIP xis AGENCY PHONE 2+R � AN 'ESTIFY 'O 207 PEPOPTN :';FFICER-6 NO ..r n.re I . _, _Y IEEE_ . i I-„�­,,, -: wno. Z10 DATE TUSTIN --- - -- - - -- - PAGE AUUI I IVNAL NAMr.5 POLICE DEPARTMENT TT+p0103A(REV9/4006) 2 COON SECTION 3 CRIME 4 REFER OTHER REPOITTS VVV 5 LOCATION 6 AREA 7 CODE / NAME LUST. 111MIT, MIDDLE) 9 OCCUPATION 10 D.O.E. 11 SEK 12 RACE " 1 HARK . 2 MSP 3 BILK .-. 1 M ': 4 IND_. 5 CIM ..'. 6 JAPN 7 FfL 1 1 F :: 6 P.A L _ 9 VIE7 10 OTH 13 RESIDENCE ADDRESS IDPH—ONE 14 CITY STATE ZIP COOS 16 RES. P GONE 1 I 16 MY. » BU01NE6I NAME { ADDRESI 10 Cm STATE ZIP CODE 10 atu. PHONE 1 ) 20 MIT. 21 EMAP 22 CELL PHONE 1 ) 23 LICENSE r 24 STATE 25 YEAR 20 MARE 27 MORN. 2901:.. UNIT 2 C 4 -OR 4 C PN 6 = VAN 0 C RV 10C OTHER BODY STYLE ICL 2 -OR 3C CONV 6'i TRUCK 7.= S/W 9'; MAC _ 20 COLOR/COLO11 30 OTHER CHARACTERISTICS 31 OMPOSRION OF VEHICLE 32 COOS 33 NAME (LAW, FIAT. MIDDLE) 34 OCCUPATION 3e O.O.E. 36 SNI MMT :D2 NIP . = 3 OL.K [37uIE 0 1 a ❑ 4'M C 6 CIM O S JAPN C 7 ►M. 1 Pa N REBIDO CE AOOREN 39 CITY STATE ZV CODE 40 NEE. PHONE 41 HT! 42 EUSMIEN NAME A AOOREN 43 CFTv sm" ZIP 000E M SUS. PHONE 1 1 40 WN N EMAIL Q CELL PHONE N LICENSE r N STATE so YEAR 61 MAKE 62 MOON. VW 53 BODY0 C LINK 2c 4-011 4 L; P/U 6-- VAN AL: RV 10C: OTHER STYLE 1 ❑ 2 -DR 30 CONY 5.._TRUCK 7C SAV /:- MIC -- -- - 54 COLOWCOLOR 53 OTHER CHARACTEPOET1Cf 56 DMPOSITM OF VEHICLE 57 CODE 54 NAME (LAST, FIR IT, MIDDLE) N OCCUPATION N D.OI 01 SOI N RACE C / MMT C 2 HALK P C 3 E \ O 1 M ❑ 4 IND 5 CIM C 6 JAPN CI 7 FIL 1 O , F C 9 P.ISL C 9 VIET ' = 10 CL 63 RESIDENCE ADOMM 64 CRY li STATE LP CODE N REE. PHONE N HT. 1 1 67 SIlIMiiSI NAME E ADDRESS /N CRY 077{7{ ZIP Dow N EUS. PLOW 70 WT. 1 1 71 EMAIL M CELL PHONE 1 ! 3 73 LICFl4SS r 74 STATE 75 YEMI 76 MIKE 77 MODEL moor 0 G LINK 2 C 44)R 4 0PN / O VAN 80 RV 100 OTHER STYLE 1 C 24)N 30 CONN 6GTn= 7C WW 90 MAC h COWMCOLOII N OTNHI CHARACTBEERW M DIi0N71O140F vmo= a CODE N NAME EAST. row, MNOLE) M OOOU140mm N LLA.! N Ilfl O H M I7 RRC{ O 1 WHT ❑ 2 MW O 3 ELK 0400 C 6CHS O 9JAFN O 7fll O 1 IF ❑ I PAL. a 9 VENT 610 O'M N FVUMD04CE AODPEW N CITY 3=8 23P CODE N NES, PHONE 1 1 in HI: 92 WJSMNM NAME A ADORES{ 00 CRY SLR! rr CODE W SUS, PH0NE 1 N we N EMAIL 97 CEL PHONE 1 N LICENSE I N STATE 100 YEAR 101 MAKE 102 MODEL. i 3. 0 C LINK 2 C 4-0R 4 C PN 67 VAN SC RV IOC7 OTHER STYLE 1 L' 2-011 3 C CONY 5 -'-.. TRUCK 7 C SMI 9 C MAC 104 COLOR/COLOR 106 OTHER CHARACTERISTICS 106 DISPOSITION OF VEHICLE 107 CODE 106 NAME (LAST, PAST, MIDDLE) to 0CCUM710N110 O.O.S. 111 :1 112 RACE C 1 WHT - 2 HSP C 3 ELK C I M C 4 MIO ^, s CHI 6 JAPN C 7 FHL 1 f C { PAL - 9 VIET =' 10 OTN_ 113 RESIDENCE ADDRESS 114 CITY STATE ZIP CODE 115 FES. PHONE 116 1 ) HT. 117 BUSINESS NAME {ADDRESS il/ CRY STATE ZIP CODE 11/ BUD. PHONE 120 1 1 wl: 21 EMAIL 122 CELL PHONE 1 1 t 24 STATE 125 YEAR 120 MAKE 127 MODEL 1 8 017 UNK 2 -- 4 -OR 4'_ PN 6 -- VAN 6 .. RV 10 _ OTHER BODY EUCENWE STYLE 1 : 2 -OR 3- CONV S -.TRUCK 7':: SIW 9" M/C 130 OTHER CHARACTERISTICS 131 OA►OSITION OF VEHICLE TUSTIN POLICE DEPARTMENT INFORMATION REPORT CR 08-3207 I received an e-mail from Community Development regarding Rodericks, 14131 Redhill Ave. This e-mail explained that it has been brought to the City's attention Rodericks is advertising an event on Friday evenings. An advertisement posted on MySpace promoted by "One Mo Drank Productions" read, "Levels Lounge @ Rodericks Every Friday Night from 9:OOpm to 2:OOam." "Ladies are free, Guys are $5 before 11:00 on the guest list." I contacted Alcohol Beverage Control and told them about the "1 Mo Drank Productions" website. An ABC investigator viewed this website and told me Rodericks is in violation of conditions on their alcohol permit, and in violation of other ABC laws. One of the provisions of their alcohol permit is sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 9:00 a.m. and 1:00 a.m. Fridays. It was also explained to me that it is an ABC violation to allow ladies into an establishment for free while charging men. I obtained a copy of Roderick's conditional use permit, see attached. On Friday, 0411-08, we conducted a surveillance on Rodericks. Multiple ABC violations and conditional use violations were observed including off-site alcohol consumption, premise functioning primarily as a bar as opposed to a restaurant, and exceeded hours of operation. Refer to CR# 08-2783 for further information on this surveillance, the conversation with ABC, and the Rodericks promotion. On 0424-08, the "1 Mo Drank Productions" advertisement was still posted on the internet. While searching websites, I found another promotion website on MySpace referring to Rodericks. This website was promoted by "T.K Entertainment Group." This advertisement promoted, "Club 714," "Drink Specials All Night," "Shots On Us," "Free `Til 11 PM - $5 After" "Every Friday / 9:OOPM — 2:OOAM." I printed both website advertisements and attached them to this report. On Friday, 0425-08, we conducted a second surveillance at Rodericks. At approximately 2140 hours, Detective , Officer and I secreted ourselves in the Roderick's parking lot. Officer Wand Officer went into Rodericks in an undercover capacity. They were patted down by the bouncer and charged a five dollar cover charge. They later reported seeing three females enter and not paying a cover charge, hence the promotion advertising ladies enter free. � and � received wristbands showing they were over 21 and could purchase alcohol. Those who were under 21 were able to enter but they did not receive a wristband. The following conditional use permit violations were observed The below explanations of the permit are abbreviated for reading ease, see original permit. (3) 2.1 No off-site consumption of alcohol. At approximately 2240 hours, � and � walked out the front door each holding a bottle of Bud Light. � and M stood approximately 10 feet away from the front door in the patio area for approximately 10 minutes. They held their beer in front of them in plain sight, occasionally holding their beer over the railing into the parking lot, and taking sips of the beer. I identified a male as the bouncer because he patting people down as they entered Rodericks. This bouncer stood approximately 7 feet away from and �as they were holding their beers. I watched the bouncer make eye contact with � and � several times. Most of the time the bouncer was not busy and his view of the beer was unobstructed. M and � were never asked to bring their beer inside. At approximately 2345 hours,' and � walked out the front door each holding a bottle of Bud Light. � and � stood approximately 10 feet away from the front door for approximately 20 minutes. They held their beer in front of them in plain sight, occasionally holding their beer over the railing into the parking lot, and taking sips of the beer. The bouncer stood approximately 6 feet away from � and and spoke with the bouncer. The bouncer never made reference to S or � beer which was in plain sight, nor did he ask them to take their beers inside. also noticed three other people drinking what appeared to be alcohol (glasses of dark liquid) and bottled beer on the front patio area (2) 2.3 Hours of sales of alcoholic beverages shall be limited to hours when food Is available. Service of food menu Items shall be during all business hours. (5) 2.12 All ban shall function as food and beverage service. and purchased beer at approximately 2145, 0016, 0106, 0130, and 0146 hours (04-25-08 through 0426-08). At approximately 2150 hours � and � ordered food. Food, napkins, and silverware were brought to them. At approximately 2300 hours they attempted to order food again. They were told by the bartender the kitchen was closed. At approximately 2320 hours, they attempted to order food from a different bartender. They were told the kitchen was closed. They attempted to order food at 0020 hours from a third bartender. They were again told the kitchen was closed. (7) 2.14 At least 80% of the premises shall be designed & used to serve meals. Must possess necessary utensils, table service & condiment dispensers to serve meals. fMand did not see any utensils (napkins, spoons, forks, knives, condiments) present on any floors. Throughout the entire evening, � did not see anyone eating or ordering food. (2) 2.4 Closing hours shall be 12:00am Friday and patrons must vacate the premises within thirty minutes after closing time. (ABC conditional use permit states sales, service, and consumption shall cease at 1:00 a.m. on Fridays, see attached ABC permit. At approximately 2250 hours I called Rodericks (714-655-2709) and a female answered "Good Evening, Rodericks." I asked her what time they closed. She told me, "Two." At approximately 0045 hours, � and counted around twenty-five patrons inside of Rodericks. Around that time, the girl issuing wristbands at the door left the scene. and MIMpurchased a beer at around 0146 hours and Rodericks appeared to close around 0200 hours. (7) 2.10 Shall not exceed 12 "bar seats" within the lounge area and 4 "bar seats" within the main level dining room and � counted 10 barstools on the middle level and 12 barstools on the bottom floor. I was unable to determine the definition of "main level dining room" and the "lounge area" in this permit. This information is for community development who can determine if there is a violation. During the course of our investigation additional observations were made. When we first arrive, watched a male drinking a 20 oz can of beer to the rear of Rodericks prior entering the establishment. At approximately 2300 hours, Officer smelled a strong odor of burning marijuana coming from the Rodericks men's restroom. During our first surveillance on 4-11-08, we observed Rodericks patrons smoking marijuana in the parking lot. During this surveillance, there were several different bands taking turns playing on the upper level of Rodericks. Nobody was dancing and there was no dance floor. During the surveillance on 4-11-08, a disk jockey played music and the middle floor was turned into a large dance floor where patrons danced. SM and � asked a bartender why there was no dancing that evening. The bartender told them there was dancing every other Friday. The bartender continued to tell them that tomorrow (04-26-08) was "Latino Night" and a few hundred people were expected at this event. I request a copy of this report be forwarded to Community Development. I also request a copy of this report, along with CR# 08-2783, to be sent to ABC. APR -09-2009 10 59 SANTA ANA P.02 BEFORE THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL C9,406-320, OF THE STATE OF CALIFORNIA In the Matter of the Application of: 14USTON Matthew Roderick 14USTON Theresa Louise DBA: Rodericks 14131 Red Dill Tustin, CA 92760 For issuance of an On Sale General Public Eating Place License Under the Alcoholic Beverage Control Act File: 47-442707 PETITION FOR CONDITIONAL, iLIMSE WHERLU, patitioner(s) hw%ave filed an application for the issuance of the above -referred -to license(s) for the above-mentioned premises; and, WHEREAS, the privilege wnveyed with the applied -for license requires that the petitioner(s) operate(s) the promises, in good faith, as a Bona Fide Public Eating Place; and, WHEREAS, the proposed premises and/or parking lot, operated in conjunction therewith, are located within 100 feet of residence(s); and WHEREAS, issuance of the applied -for license without the below -described conditions would interfere with the quiet enjoyment of the property by nearby residents and constitute grounds for the denial of the application under the provisions of Rule 61.4, of Chapter 1, Title 4, of the California Code of Regulations; and, WHEREAS, the proposed premises is within 600 feet from Frontlet Park; and, WHEREAS, issuance of an unrestricted license without the below -described conditions may interfere with the public use of the above-mentioned consideration point; and, VVI;IEREAB, the is of an unrestricted license would be contrary to public welfare and morair, NOW THEREFORE, the undersigned petitioners) do/don hereby petition for a conditional license as follows, wwit: 01. Sales, service and consumption of alcoholic beveragea shall be permitted only between the hours of 09.00 a.m. and 12:00 Midnight, Sunday through Thursday; and between the hours of 09:00 a.m. and 1:00 a.m., Friday and Saturday, and New Year's Eve only. Initials; / ABC -172 (2=) APR -09-2008 10:59 SANTA ANA P.03 HUSTON Matthew Roderick HUSTON Theresa Louise 47.442707 Page 2 02. The quarterly gross sales of alcoholic beverages shall not exceed the goes sales of food during the same period. The licensee shall at all times maintain records which reflect separately the gross sale of food and the gross sales of alcoholic beverages'of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Department on demand. 03. There shall be no more than seven (7) amusement machines, video game devices or pool tables maintained upon the premises at any time. 04. Entertainment provided shall not be audible beyond twenty five (25) feet of the exterior of the premises under the control of the licenwc(s) as defined on the ABC -257 dated 07-24-06 and AHC -253 dated 07-24-06. 05. There shall be no topless male or female performers, or fashion shows perrimitted on the premises at any time. 06. The petitioner(s) shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control, as depicted on the ABC -257 dated 07-24-06 and ABC -253 dated 07-24-06. 07. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and onduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. This petition for conditional license is made pursuant to the provisions of Sections 23800 through 23805 of the Business and Professions Code and will be carried forward in any transfer at the applicant -premises. Petitioners) agree(s) to retain a copy of this petition on the premises at all times and will be prepared to produce it immediately upon the request of ant► peace offices. The petitioners) understands) that any violation of the foregoing condition(s) shall be grounds for the suspension or revocation of the license(s). DATED MS - � I DAY OF TP—PlizVetitioner A13C-1 n c2Mt fat" V l� ► e • . �l a..,I i ,1/t,.*:�� TOTAL P.03 I Nwio Dr�N"k rresc"#s �tvcrvj t'r-jbAAj N.j,5Ji-t From g000p"i to 20*00o.N"i oc's ",Cw 1vt svotiff DJ -011-D Will bc 0" t1w I's & 2's spj"f-1m!5 Hip -Hop & R&B.1.11 �iiShtso I i+ I; i Rc� Hill Avc ' Off t1w )- FNvti ' Ttostim CA ForVIP ( to + MySpace Page 1 of 3 ^rSGace. com 6�j — �(�,1 "y" N flnvacy I rc!lQ its•..., People Home I Browse I Search I Invite Apps Mail ( Blogs Favantes I Forum ,;rouge Events MySpaceTV I MUSIC ComedyCiassitieds MySpata Events � Events Home I Create Event I My Calendar CLUB 714/ Posted Bye THE PRESIDENTINI Add to My Calendar Hoebad By:: Natalie V. e-mAH Wham Friday Jan 25, 2008 • Login to RSVP to this even at 8:00 AM i Club 714 O Rodericks 14131 Red Hill Ave. Tustin, 92780 SPREAD THE WORD... Canada » Slog this View Map » Bulletin this 214 and Over Club, Casual Attire, With D3 sideldick/ Interscope & 3IVE Records & 0.1 OH- D COME JOIN US THIS FRIDAY O CLUB 714 We have D1. Sidekick W/ Interscope &JIVE Records In the House & 07 OH -D Hosted By Natelie V. Musk: Hip Hop/ Regge Fully Stocked Ber and Smoldng Pato. Free Entry All Night With Guest Ust. For More Info call me at :714-395-3746 Natalie V. or small me at natallev0dwtertainmantgroup.com . I need names and last names of Guests attenting. For Bottle Service or Birthday parties please let me know adeast 2 Hours in advance. 'THIS IS THE NEW SPOT IN THE OC EVERYONE IS STARTING TO TALK ABOUT.... Come Party With Uslff ladles Dress Sexy and Men Lets Get it rrackin• TK ENTERTAINMENT PRESENTS THIS b Am oR vom HAS BEEN MOVED OR DELETED MySpace TA WE C�L4c", 1 Q � rREtENTt 21 + WITH- VALID ID" I EVERY FRIDAY 19:OOPM' - 2:06AM '.FREE `TIL 11 PM $5 AFTER ` CASUAL DRESSCODE 3 Q RODERICKS 14131 RED, HILLAVE. TUSTIK, CA, 92780 f DRINK SPECIALS'ALL NICTHTIII' SHOTS ON USI!!', Musle DJ SIDEKICK°' DJ.O�H-D HC's T ECS BY:. _ NATALIE V,DJ SIDEKICI T JA i } MYSPACE.C011l1/TICENTERTAI CMENT?ROU. Event Guests 5 Attending + 15 Guests (20 Total ) View AN Attending » Maybe » Can't make it )* Not Ragwnded M Page 2 of 3 MySpace Page 3 of 3 lesponses and Comments Displaying 2 of 2 Comment(s) H Add a comment Jan 25, 2008 7:06 PM I will be attending with 4 Guests Jan 23, 2008 11:16 AM I will be attending with 5 Guests Add a comment Add comment Back to Top AQal1t I FAG I Larms I P -ft" Poaav I Salft Tloa I CODUKLMAIIIIIN I Adm I MjIAw&jnwmnaQQW I A LatIR4 02003-2009 MYSpace.com. All Rights Reserved. Exhlbit Community Development Department May14, 2008 city Roderick's Attn: Matthew R. Huston 930 S. Keene Drive La Habra, CA 90631 SUBJECT: 14131 RED HILL AVENUE CONDITIONAL USE PERMIT 98-029/Resolution 99-29 V08-0298 Dear Mr. Huston, of Tustin 300 Centennial Way Tustin, CA 92780 714.573.3100 On July 21, 2006, City staff met with you regarding the conditional use permit violations from the previous business owner at 14131 Red Hill Avenue. At this time, you were made aware of the conditional use permit's conditions of approval at 14131 Red Hill Avenue (Resolution 99-29). Condition 1.8 of the conditional use permit states that audited financial statements and schedules separately identifying gross sales of food and gross sales of alcohol,'must be submitted to the Community Development Director for annual review. To date, no audited financial statements have been submitted to the City for review. YOU ARE ORDERED TO DO THE FOLLOWING: 1) Submit audited financial statements and schedules separately identifying gross sales of food and gross sales of alcohol from January 1, 2008 through May 1, 2008 to the Community Development Director within five (5) days from the date of this letter. Please be advised that failing to provide this information within the specified time could result in a civil penalty of $100.00 each day per conditional use permit condition 1.9. Please contact meat (714) 573-3135 should you have any questions. Thank you for your cooperation in this matter. oincerely Code Enforcement Officer City of Tustin Enclosure: Resolution No. 99-29 L. 61 may c i w w. i i y L-nwiCFO wo Lawrence Friend CPAs & Associates, CPAs, Inwmcs cConsultanu .' May 21, 2008 Matthew Huston, Owner Roderick's 14131 Redbill Ave. Tustin, Ca 92780 Dear Mathew: N.i My firm received a request to document the breakdown of Roderick's revenue. For the period May 1, 2007 through May 1, 2008 sales totaled 1497,103.77. Food sales were 5263,897.25 (53.1%), aloohoL beer and wine sales ware 5233,206.52 (46.9%). I hope this infonnadon is helpful. If you need additional information please call. Sincerely, awrcacc Friend, CPA 13301 Flint Dr. Sana Ana, C ahfmmia 92705 • Facsimile • Telcpbonc E -Mail Exhibit Community Development Department June 9, 2008 Roderick's Attn: Matthew R. Huston 930 S. Keene Drive La Habra, CA 90631 SUBJECT: 14131 RED HILL AVENUE CONDITIONAL USE PERMIT 98-029/Resolution 99-29 V08-0298 Dear Mr. Huston, TUSTIN BUILDING OUR FUTURE HONORING OUR PAST On May 22, 2008, City staff received your audited financial statements separately identifying gross sales of food and gross sales of alcohol from May 1, 2007 - May 1, 2008. However, in the letter dated May 14, 2008, City staff requested audited financial statements and schedules separately identifying gross sales of food and gross sales of alcohol from January 1, 2008 through May 1, 2008. Condition 1.8 of the conditional use permit states that audited financial statements and schedules separately identifying gross sales of food and gross sales of alcohol, must be submitted to the Community Development Director for annual review. YOU ARE ORDERED TO DO THE FOLLOWING: 1) Submit audited financial statements and schedules separately identifying gross sales of food and gross sales of alcohol from January 1, 2008 through May 1, 2008 to the Community Development Director within five (5) days from the date of this letter. Please be advised that failing to provide this information within the specified time could result in a civil penalty of $100.00 each day per conditional use permit condition 1.9. Please contact meat (714) 573-3135 should you have any questions. Thank you for your cooperation in this matter. r 300 Centennial Way, Tustin, CA 92780 0 P: (714) 573-3100 0 F: (714) 573-3113 0 www.tustinca.org 27 Lawrence Friend ` CPQ & Asmwintm CPAs, Inc. u .rune 24, 2008 Matthew Hustm owner Itodaides 14131 Re&M Ave. Tustin, Ca 92780 Dear Mathew: My firm received a request to documad the breakdown of Rode rWs revmue. Far the: period January 1, 2008 dwougb May 1. 2009 sales totaled 1124,378.60. Food sales were, 563,12700 (50.75%), alcor, beer and wine sales were $61,25I.60 (49.25'14). I hope this mtornnatim is helpful. If you need additional infvrmadon please calL sincerely, Lawrence Riend, CPA 13301 F901 Dr. $NO Ams. CdWmak 92M Exhibit C.' D/`�x NO SUSPECT INFO TUSTIN POLICE DEPARTMENT 2 A ACTIVE 4 CPN NO PROSECUTION DESIRgD INSURANCE REPORT "s S - 300 CENTENNIAL WAY SUSPENDED COURTESY REPORT R RECORDSU 80 , DOMESTIC VIOLENCE t- TUSTIN, CA 92780 K BIAS MOTIVATED COURTESY FEL. 5 REFER OTHER REPO GANG RELATED CRIMEANCIDENT REPS 3 CONFIDENTIAL SEX CRIME P L (REV 4/08) MISD. 7_183 1 6 CODE SECTION 7 CRIMEJINCIDEHT TV PE 8 PRIMARYCOUNTS 9SECONDARY-COUNTS 10 OTHER -COUNTS 11 OTHER -COUNTS Io IL 1 ti+At, L)3" 12 SPECIFIC LOCATION OF CRIME CURRED 14 DATE 15 OAY t8 TIME °�IyI'3 i2Cb �- �� J• v ��"'DcDNORBE,M�1 v �, w f3 R Z U i3 v 17 FIRM NAME (at lacetbn) RPT'D19 TIMERPT' 20 AND 21 DATE 22DA 23 TIME �'4LATE ►Z c ' S ., z 3v '08", v`v� AT v,Iv 24 NAME (LAST, FIRST. MIDDLE) 25 OCCUPATION 26 0.0.8. 27 SEX 28 RACE 1 WHT - 2 HISP 3 BLK 1 M : 4 IND 5 CHI - 6 JAPN 7 F IF 8 PISL. 9 VIET 10 0TH _ 29 RESIDENCE ADDRESS 30 CITY STATE LP CODE 31 RES. PHONE 3 V 1 1 D 33 BUSINESS ADDRESS 34 CITY STATE LP CODE 35 BUS. PHONE 1 1 36 AT: 37 E-MAIL 38 CELL PHONE 1 1 39 CODE 40 NAME (LAST, FIRST, MIDDLE) 41 OCCUPATION 42 D.O.B. 43 SEX 44 RACE 1 WHT_; 2 HISP 3 BLK 1 M - 4 IND '/_ 5 CHI - 6 JAPN 7 FtL 0 1 F B P - 9 VIET ] 10 OTH 45 RESIDENCE ADDRESS 46 CITY STATE ZIP CODE 47;S.�Nf 1 1 48 HT. 49 BUSINESS ADDRESS 'S0 CIT' STATE ZIP CODE SUIS. PHONE 52 WT y 1 I H W53 E-MAIL 54 CELL PHONE 1 1 \ 56 CODE 56 NAME (LAST, FIRST, MIDDLE) 57 OCCUPATION 58 D.O.B. 59 SEX 60 RACE :_ 1 WHT _: 2 HISP - 3 BLK j 1 _ 1 M _ 4 IND 5 CHI -: 6 JAPN - 7 FIL - 1 F = 8 PISL : 9 VIET =. 10 OTH 81 RESIDENCE ADDRESS 62 CITY STATE LP CODE 63 RES. PHONE 84 HT. 1 ) 85 BUSINESS ADDRESS 66 CITY ST ZIP CODE 67 BUS. PHONE 68 WT. � 1 1 89 EMAIL 70 CELL PHONE 1 I 71 COOS 72 NAME (LAST, FIRST, MIDDLE) 73 OCCUPATION D.O.B. 75 SEX 76RACE - 1 WHT - 2 HISP - 3 BLK �74 !;I M 4 IND '_: 5 CHI - 6 JAPN C 7 FIL C. 1 F - 8 PISL '_: 9 VIET "= 10 OTH 77 RESIDENCE ADDRESS 78 CITY STATE ZIP CODE 79 RES. PHONE ( 1 90 HT S/ BUSINESS ADDRESS 62 CITU STATE ZIP CODE 83 BUS. PHONE 1 1 84 WT. 86 E-MAIL W CELL PHONE 1 1 87 LICENSE Y86 STATE 139 YEA 90 MAKE 9I MODEL BODY 0 - UNK 2 4 -DR 4 - PA) 6 - VAN 6 �= RV 10Z OTHER x STYLE 1 2 -OR 3 CONN 5:_ TRUCK 7 —_S/W 9 C: I" (� 93 COLOR/COLOR OTHER CHARACTERISTICS 95 DISPOSITION OF VEHICLE aSUSPECT HERE IS A WITNESS TO THE CRIME WAS ARRESTED 98j_I - 1 FINGERPRINTS 97 - = 2 TOOLS W U = 99 1. ORDER SERVED AT SCENE BY: PA SUSPECT WAS NAMED 3 TOOL MARKINGS W -- — 2. ENTRY MADE BY: PM _ SUSPECT CAN BE LOCATE - 4 GLASS SUSPECT CAN BE DESC D S PAINT V 3. NAME OF PERSON SERVED: SUSPECT CAN BE ID FIED 8 BULLET CASING - 7 BULLET F 4. RESPONDENT SIGNATURE cc SUSPECT VEHICL AN BEIDENTIFlED W =. 8 RAPE KIT O ERE IS IDENTIF LE STOLEN PROPERTY yIyy 9 SEMEN p ERE IS A SI 1FICANT M.O. O _ 10BLOODIGNIFtC PHYSICAL EVIDENCE IS PRESENT �j 11 URINE too CSI PERFORMED BY: 12 HAIR HER A MAJOR INJURY/SEX CRIME INVOLVED 13 FIREARMS NAME8PNH E IS A GOOD POSSIBILITY OF A SOLUTION 14 PHOTOGRAPHS RTHER INVESTIGATION NEEDED - 15 OTHER (DESCRIBE) IS GANG RELATED NOTES:RIME u-- -- 98 TOTAL LOSS /DOLLAR AMOUNT ATE CRIME RELATED --- 16 REPRODUCTIVE HEALTH CRIME -------- - — — _—__ t 01 SUPE "' ENE: RANK, NAME & ID NO. 102 REPORTING OFFICER/IO NO. 1103 DATE 104 APPROVED BY/ID NO. t05 DATE ^ PREMISES BUSINESS 1 BANK/ ;AV LOAN FINANCE/(:HEDIT UN 2 BAR 3CLEANERS/1-AUNDRY 4 CONSTRUCTION SITE 5 THEATER 6 FAST FOODS 7 GAS STATION 8 HOTEU'MOTEL 9 DEPT /DISCOUNT STORE 10 GUN/SPORT GOODS 11 JEWELRY STORE 12 LIQUOR STORE 13 PHOTO STAND . 14 CONVENIENCE STORE 15 RESTAURANT 16 SUPERMARKET . 17 TV/RAOIO 18 AUTO PARTS 19 BICYCLE SALES 20 CAR/MOTORCYCLE SALE: 21 CLOTHING STORE 22HARDWARE 23 MEDICAL 24 OFFICE BUILDING 25 SHOE STORE 26 WAREHOUSE 27 OTHER 28APARTMENT I 29 CONDOMINIUM 30 DUPLEX/FOURPLEX 31 GARAGE ATTACHED 32 GARAGE DETACHED 33 HOUSE 34 MOBILE HOME 35 OTHER _, 38 CHURCH (_ 37 HOSPITAL 38 PARK/PLAYGR NO 39 PARKING lOi 40 PUBLIC BUI ING 41 SCHOOL 42 SHOPPIN MALL 43 STREET; /ALL 44 OTHER 45 /CANIR 48 HGME 47 GER CAR 48 P49R VAN OTHER 7 I POINT OF ENTRY 8 PROPERTYi ATTACK ED 1 CASH NOTES 'HEAR 2 CLOTHES/FUR J SIDE 1 NO FORCE USED 2 WINDOW SMASH 3 ATTEMPT ONLY a BODILY FORC 5'OLTCUT / IEF 6 CHANNEL 0CK/1 WRCHENCE GRIPS 7 SAW ILUBURN 8 SCR RIVER 9 TI IRON 10 NK PRY BAR 1 COAT HANGER WIRE 2 KEY SLIP SHIM 13 PUNCH 14 REMOVE LOUVERS 15 BRICK/ROCK 16 HID IN BUILDING 17 WALKED IN 18 UNKNOWN 19.0THER__ 1 DOOR/LOCK FORCED 2 TRUNK FORCEO 3 WINDOW BROKEN_ 4 WINDOW FORCED _ 5 WINDOW OPEN 6UNL0CKED 7 UNKNOWN 8 OTHER 3 VICTI NWIED 4 VICTI INJURED 5 COV O VICTIM FACE 6 PH OGRAPHED VICTIM 7 VIC RALLY COPULATED SUSP as ORALLY COPULATED VIC 9 R BY INSTRUMENT (FOREIGN 1 SODOMY SUGGESTED VIC COMMIT LEWD ERVERTED ACT 12 INSERTED FINGER INTO VAGINA 13 FORCED VIC TO FONDLE SUSP 14 SUSP FONDLED VICTIM 15 MASTURBATED SELF 16 OTHER IS MEMBER OF NEIGH OATCH7 L 01 YES 2 NO IS MEMBER OF OP TION IDENT? 03 _ YES 04 . NO /INTEFRIESTEDEIGH WATCH? O6 NO NESS INSPECTION? 08 NO PHYSICAL CONDITION 3 CONSUMABLE GOODS I DOOR -1 FIREARMS WINDOW 1 HUSBAND DRUGS 5 HOUSEHOLD GOODS 6 SLIDING GLASS DOOR 2 WIFE 2 SICKANJURED 6 JEWELRY METALS ,BASEMENT 3 MOTHER 8 ROOF 7 LIVESTOCK 9 FLOOR 4 FATHER 8 OFFICE EQUIPMENT 10 WALL 8ILLIINJURED 9 TV/RADIO/CAMERA 11DUCT/VENT I 10 MISCELLANEOUS 12 GARAGE 5 DEAF it UNKNOWN 13 ADJ. BUILDING � %BROTHER 12 OT 14 GROUND LEVEL 14 SALES PERSON 8 SISTER 15 UPPER LEVEL 18 HAD BEEN DRI ING CRI S NLY 16 UNKNOWN 1 SUSPE CLIMAXED 17 OTHER - - .. 2 UNK IF CLIMAXED 1 NO FORCE USED 2 WINDOW SMASH 3 ATTEMPT ONLY a BODILY FORC 5'OLTCUT / IEF 6 CHANNEL 0CK/1 WRCHENCE GRIPS 7 SAW ILUBURN 8 SCR RIVER 9 TI IRON 10 NK PRY BAR 1 COAT HANGER WIRE 2 KEY SLIP SHIM 13 PUNCH 14 REMOVE LOUVERS 15 BRICK/ROCK 16 HID IN BUILDING 17 WALKED IN 18 UNKNOWN 19.0THER__ 1 DOOR/LOCK FORCED 2 TRUNK FORCEO 3 WINDOW BROKEN_ 4 WINDOW FORCED _ 5 WINDOW OPEN 6UNL0CKED 7 UNKNOWN 8 OTHER 3 VICTI NWIED 4 VICTI INJURED 5 COV O VICTIM FACE 6 PH OGRAPHED VICTIM 7 VIC RALLY COPULATED SUSP as ORALLY COPULATED VIC 9 R BY INSTRUMENT (FOREIGN 1 SODOMY SUGGESTED VIC COMMIT LEWD ERVERTED ACT 12 INSERTED FINGER INTO VAGINA 13 FORCED VIC TO FONDLE SUSP 14 SUSP FONDLED VICTIM 15 MASTURBATED SELF 16 OTHER IS MEMBER OF NEIGH OATCH7 L 01 YES 2 NO IS MEMBER OF OP TION IDENT? 03 _ YES 04 . NO /INTEFRIESTEDEIGH WATCH? O6 NO NESS INSPECTION? 08 NO PHYSICAL CONDITION 17 RELATIONSW TO r SUSP PRET. SUSPECT 1 UNDER INFL. ALCOHOU 1 HUSBAND DRUGS 3 SELECTIVE IN LOOT " CUST./CUEN 2 WIFE 2 SICKANJURED 5 ALARM DISABLED 4 DISAB MOTORIST 3 MOTHER 3 SENIOR CITIZEN j 6 E PLOYEE/EMPLOYER 4 FATHER 4 BUND BOUND/GAGGED I 8ILLIINJURED 5 DAUGHTER 5 HANDICAPPED I 10 POLICE/LAW 6 SON 5 DEAF 12 DISROBED VICTIM PARTI Y 12 REPAIRMAN � %BROTHER 7 MUTE 14 FORCED VIC TO MO 14 SALES PERSON 8 SISTER 8 MENTALLY/EMOTIONALLY 18 HAD BEEN DRI ING .MPAIRED 17 INDICATION TI SUSPECTS 3 OTHER 18 KNEW LOC HIDDEN ITEMS CRM PAGE I I1� TRADEMARKS SUSPECTS) ACTIONS 14 r SUSP PRET. 1 DEMANDED MONEY TO BE t / C 2 INFLICTED INJURIES I 1 CONDUCTING SUjiVEY 3 SELECTIVE IN LOOT " CUST./CUEN I STRUCK VICTIM 3 DELIVERY RSON 5 ALARM DISABLED 4 DISAB MOTORIST 6 ARSON � 5 DRU K 7 ATE/DRANK ON PREMISES I 6 E PLOYEE/EMPLOYER 8 BLINDFOLDED VICTIM 7 RIEND/RELATIVE BOUND/GAGGED I 8ILLIINJURED 9 CAT BURGLAR 9 NEED PHONE 10 DEFECATED/URINATED 10 POLICE/LAW 1 i DISROBED VICTIM FULLY 11 RENTER 12 DISROBED VICTIM PARTI Y 12 REPAIRMAN 13 FIRED WEAPON 13 SALE OF ILLICIT GOODS 14 FORCED VIC TO MO 14 SALES PERSON 15 FORCED VIC INTO HICLE 15 SEEK ASSISTANCE 18 HAD BEEN DRI ING 16 SEEK DIRECTIONS 17 INDICATION TI SUSPECTS 17 SEEKING SOMEONE 18 KNEW LOC HIDDEN ITEMS 18 SOLICIT FUNDS 19 MADE T TS 19 OTHER __. ----- 20 INSACK/POCKET - I21 PR ED EXIT 22 R KED - 23 IPPED/CUT CLOTHING 4 SHUT OFF POWER 25 SMOKED ON PREMISES 26 SEARCHED VICTIM 27 SUSPECT ARMED 28 THREATENED RETALIATION 29 TOOK ONLY CONSUMABLES 30 TOOK VICTIMS VEHICLE 31T0RTURED 32 UNDER INFLUENCE DRUGS 33 USED DEMAND NOTE 34 USED LOOKOUT 35 USED DRNER 36 USED MATCH/CANDLE 37 USED VICTIM'S NAME 38 USED VICTIM'S SUITCASE/PILLOWCASE 39 USED VICTIM'S TOOLS 40 VEH NEEDED TO REMOVE PROPERTY 41 CUT'DISCONNECTED PHONE 42 CASED LOCATION BEFORE CRIME 43 FOLLOWED/STALKED VICTIM 44 OTHER 9 OTHER FAMILY 10 ACQUAINTANCE I I FRIEND 12 BOYFRIEND 13 GIRLFRIEND 14 NEIGHBOR 15 BUSINESS ASSOCIATE 16 STRANGER 17 UNKNOWN 1 AUDIBLE ALARM 2 SILENT ALARM 3 PRIVATE SECURITY PATROL 4 DOG 5 STANDARD LOCKS 6 AUXILIARY LOCKS (DEADBOLT, WINDOWS, ETC) 7 WINDOW BARS/GRILLS 8 OUTSIDE LIGHTING ON 9 INSIDE LIGHTING ON 10 GARAGE DOOR LOCKED 11 OBSCURED INTERIOR VIEW (COMMERCIAL/BUSINESS) 12 SECURITY SIGNING (N. W. ALARM ETC.) 13 UNKNOWN 14 OTHER I I MARTIAL STATUS 17 1 SINGLE 2 MARRIED 3 DIVORCED 4 SEPARATED 5ANNULLED 6COMMON LAW 7'NIDOW(ER) 8 UNKNOWN 9 OTHER , ADDITIONAL NAMES / LAW ENFORCEMENT PERSONNEL ONLY A- ASSISTED AT SCENE C- CRIME SCENE INVESTIGATION F- ASSIGNED FOLLOW-UP OFFICER PAGE ._ Z__ P- PERIMETER ASSIST W- WITNESS 136 CRI 137 CODE 136 NA LAST 139 ID NO. 140 AGENCY NAME � _... TUSTIN POLICE DEPARTMENT 141 AGENCY ADDRESS CITY STATE ZIP 712 AGENCY PHONE 300 CENTENNIAL WAY TUSTIN CA 92780 (bm*mmmmw 143 CAN TESTIFY TO: 141 CODE 145 NAME LAST, FIRST NAM I b NO. 147 AGENCY NAME TUSTIN POLICE DEPARTMENT 148 AGENCY ADOilE38 I CITY STATE ZIP 149 AGENCY PHONE 300 CENTENNIAL WAY TUSTIN CA 92780 - 150 CAN TESTIFY TO: So t2 J ii;- I t.t-A t_J C r 151 CODE 152 NAME (LAST FIRST NAME) 153 0 NO. 154 AGENCY NAME 171 CAN TESTIFY TO: 172 CODE 173 NAME(LAST FIRST NAME)) A 175 AGENCY NAME TUSTIN POLICE DEPARTMENT TUSTIN POLICE DEPARTMENT 155 AGENCY ADDRESS CRY STATE ZIP 156 AGENCY PHONE 300 CENTENNIAL WAY TUSTIN CA 92780 157 CAN TESTIFY M. 185 CAN TESTIFY TO: tj VLA T/dIJ S ihlst/ ATRv,J trAAi t T rJA 156 CODE 1 S 18010 NO. 161 AGENCY NAME TUSTIN POLICE DEPARTMENT 162 AGENCY ADDRESS CITY STATE ZIP 163 AGENCY PHONE 300 CENTENNIAL WAY TUSTIN CA 92780 164 CAN TESTIFY TO: 165 CODE 166 NAME (LAST, FIRST NAME) 167 ID NO. 168 AGENCY NAME 193 CODE 1 194 NAME (LAST, FIRST NAME) TUSTIN POLICE DEPARTMENT 168 AGENCY ADDRESS �rry 197 AGENCY ADDRESS CITY STATE ZIP 198 AGENCY PHONE top, -L)vc 0 300 CENTENNIAL WAY TUSTIN CA 92780 171 CAN TESTIFY TO: 172 CODE 173 NAME(LAST FIRST NAME)) 174 10 NO, 175 AGENCY NAME TUSTIN POLICE DEPARTMENT 176 AGENCY ADDRESS CITY STATE ZIP 300 CENTENNIAL WAY TUSTIN CA 92780 177 AGENCY PHONE 178 CAN TESTIFY TO: 179 CODE180 NAME (LAST, FIR871NITIA 181 ID NO. 782 AGENCY NAME 183 AGENCYADDRESS CITY STATE ZIP 184 NCY PHONE 10 1 ST a/21,, 04 12 fU 185 CAN TESTIFY TO: tj VLA T/dIJ S ihlst/ 186 CODE 187 NAME (LAST, FIRST NAME) 1 88 10 NO. 189 AGENCY NAME 190 AGENCY ADDRESS CITY STATE ZIP 191 AGENCY PHONE 192 CAN TESTIFY TO: 193 CODE 1 194 NAME (LAST, FIRST NAME) 195 ID NO. 1.196 AGENCY NAME 197 AGENCY ADDRESS CITY STATE ZIP 198 AGENCY PHONE 199 CAN TESTIFY TO: 200 CODE 201 NAME (LAST, FIRST NAME) 202 ID NO. 203 AGENCY NAME 204 AGENCY ADDRESS CITY STATE ZIP ___________[205,AGENCY PHONE 206 CAN TESTIFY TO: 207 REPORTING OFFICER / 10 NO.208 DATE 209 APPROVED BY / 1D NO. 1210 DAZE top, -L)vc 0 TUSTIN POLICE DEPARTMENT INFORMATION REPORT CR# 08-5805 I received a request from Code Enforcement regarding Roderick's, 14131 Red Hill Ave. This request was to see whether Roderick's was in violation of their conditional use permit as outlined by the Department of Community Development within the City of Tustin. We located a promotional advertisement presenting "The Summer Fling" every Friday night at Roderick's starting at 8:00 pm. The promotion had a cover charge discount for women as well as a special guest DJ. The promoter was Royal Empire Entertainment, who appeared to be a legitimate promoter, according to the listed web site. See attached promotional post card. On Friday, 8/8/2008, we conducted surveillance at Roderick's. At approximately 2130 hours,Detective and I were in the vicinity of Roderick's and had a clear view of the front patio area and parking lot. Officer entered the premises and was accompanied by Detective from the Orange Police Department. They both acted in an undercover capacity, wearing plain clothes. and were charged a ten dollar cover charge at the door by a bouncer. They later reported seeing a female enter Roderick's and only pay a five dollar cover charge. The following conditional use permit violations were observed. The below explanations of the permit are abbreviated for reading ease, see original permit. (3) 2.1 No off-site consumption of alcohol. At approximately 2215 hours, Now and walked out the front door, each holding an alcoholic beverage. � was holding a bottle of Bud Light beer and � held a Long Island ice tea in a glass. OEM and � stood approximately 10 feet away from the front door in the outside patio area for approximately 10 minutes. They held their drinks in front of them in plain sight, and occasionally drank from the containers. There was an employee present checking incoming patrons for identification and collecting a cover charge. This person was clearly an authoritative figure who I refer to as a bouncer. This bouncer stood approximately 7 feet away from wand IMM as they were holding their drinks. Most of the time the bouncer was not busy and his view of the alcoholic beverages was unobstructed. At no time did the bouncer ask the undercover officers or other patrons to go inside with their drinks. reported smelling the odor of burning marijuana emitting from inside of Roderick's however, he could not determine the exact location where it was being smoked. TUSTIN POLICE DEPARTMENT INFORMATION REPORT CR# 08-5805 � reported there was a live band in the upstairs lounge and a DJ on the main dining floor. (7) 2.14 At least 80% of the premises shall be designed & used to serve meals. Must possess necessary utensils, table service & condiment dispensers to serve meals. At approximately 2215 hours M and attempted to order food. There were no napkins or utensils visible in the restaurant and both were told by the bartender the kitchen was closed. At approximately 2245 hours, they attempted to order food from a different bartender. They were told the kitchen closed at 2200 hours. and did not see any utensils (napkins, spoons, forks, knives, condiments) present on any floors. Throughout the entire evening, did not see anyone eating or ordering food. At approximately 2245 hours, and walked out the front door each holding an alcoholic beverage. held a Bud Light beer while had a Long Island ice tea. and � stood more than 15 feet from the front door for approximately 15-20 minutes. They held their alcohol in front of them in plain sight and drank from their respective containers. The bouncer stood approximately 6 feet away from and and spoke with the bouncer who identified himself as "Nathan." Nathan told it was alright for him to go to his car and drink alcohol if he so desired. There was another bouncer present during this conversation. engaged this person in conversation and asked if he could purchase marijuana. The bouncer said it would cost 60-80 dollars for 1/80 ounce of marijuana. � declined, but thought the bouncer's offer was sincere, based on �� training and experience as an undercover narcotics detective. The bouncer never made reference to � or � drinks which were in plain sight, nor did he ask them to take their alcoholic beverages inside. � also noticed several other people drinking what appeared to be alcohol (glasses of dark liquid) and bottled beer on the front patio area. At approximately 2255 hours, � saw a suspicious person seated in a vehicle in the parking lot. � had a view of this person while he was seated in the front patio area. Members of the surveillance team summoned a marked police unit and Officer M arrived. M smelled the strong odor of burned marijuana immediately upon contact with the subject. A consent search of the subject revealed several grams of marijuana. The subject stated he is a patron of Roderick's and he was contemplating going back inside. The subject admitted to smoking a marijuana cigarette in his vehicle prior to =contact. TUSTIN POLICE DEPARTMENT INFORMATION REPORT CR# 08-5805 (2) 2.3 Hours of sales of alcoholic beverages shall be limited to hours when food is available. Service of food menu items shall be during all business hours. (5) 2.12 All bars shall function as food and beverage service. and purchased alcohol from approximately 2140 hours to 0050 hours. During this period there was no food service available within the premises. (2) 2.4 Closing hours shall be 12:00am Friday and patrons must vacate the premises within thirty minutes after closing time. (ABC conditional use permit states sales, service, and consumption shall cease at 1:00 a.m. on Fridays, see attached ABC permit. At approximately 0105 hours asked the bartender what time they closed. The bartender stated the business closed at 0200 hours. At this time estimated there were 20-30 patrons still inside of Roderick's. I request a copy of this report be forwarded to Community Development. I also request a copy of this report to be sent to ABC for review. Tustin Police Department Special Investigations Exhibit F D4 k, Z,4i3_ACKI ;E4ifit`AtaMUS.. (NT ' ROYALTY ENT. 0, G'GL �s N, � k 3TYP, e ftodenck's 14131 Red HtIt !re_ HIT' HOP 40 -HOUSE BEATS -MASH UPS Room 2: ROCK €N ESPANOL -MERENGUE ,esd -SALSA -CUMBtA -CUARTETO -SAMBA - Y MUCRO MAS INFO 7 GUEST LIST: JESICA: (661) 442-6911 my'{iace.com/jesiargenta `CASANDRA: (714) 351-2306 myspace.comlgtamorous_entertainment JERRY (714) 442-0170 myspace.cam /jet ryt_714 LUIS:.t ,F,r�,h- (714) 227-$$27 myspace.comtiuturefx ; Exhibit MySpace.com - [[*]]GLAMOROUS ENT.[ *]] - 23 - Female - OC, California - www.myspae... Page 3 of ] 1 Y. r •Waf`* o� %F,YTIIIEI VIEW U$))GIAMOROUS ENT.((*)YS FRIENDS: ALL I ONLINE I NEW I MUTUAL displaying 49 of 112 comments ( VIEW ALL I ADD COMMENT) GABRIEL MATIX aug 13 2008 8:46 pm RRODUCTIO S LINGERIE EXTRAVAGANZA Ihls friday oug. 15th @ hollywoatl live,.,... the official nix rated pom star ball...,.,..,,,, tree admission on guest list ............... for guest Ilst and Info call or text me -... @ 818,567.2573 aug 2 2008 2:32 pm fCc Hello. lust nice pictu res. ckinghave your page, you got some nCe pictures. have a great weekend. 4, Jul 25 2008 3:23 pm was up Jul 25 2008 3:16 pm �t •_ -aA woof a doing tonight?? S�AVsRFOLLOW, Jul 22 2008 1:03 pm hey sweetie, I hope your havin a wonderful day lust wanted to say hill hope tohear from you soon, ng7w0nns Exhibit MySpace.com - View Image - Seduction Night Club - Photo 1 of 7 Status: (none) Mood: neutral (D (Update) Home I Mall v I Profile v I Friends v I Music I Videos I More v 4 photos I Upload Photos Seduction Night Club — View Photo KInGz InK. Proudly Present's "SEDUCTION" Previous I Next Post A Comment E -Mall to a Friend Q Share Report This Image Page 1 of 1 I Web® Search My Account I Sign Out Back to Profile Back to Albums VPS HOSTING. www US 111O17MS Network Solutions. Links to the photo Photo URL: http://viewmorepics.myspace.com/ind Copy Photo code: copy it to your profile <a href="http://viewmoreplcs.myspacr Copy Sponsored Links Printer Ink Cartrldoes Ink Caroidges. 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Proudly Present's "SEDUCTION" Previous I Next Post A Comment E -Mall to a Frientl © Share Report rnis Image Page 1 of 1 Web♦ Search My Account I Sign Out Back to Profile Back to Albums Links to the photo Photo URL: http: /viewmorepics.myspace.comlind Oopy Photo code: copy It to your profile <a hmf="http:llviewmoreplcs.myspaoi Copy Sponsored Links Pnlotar Ink Carlrldaes Ink Cartridges. Free Shipping Save up to 85% on Pr Ink www.InkPlusToner.cam Discount Printer Toners HP Xerox Lexmark Dell Canon & Moral Low Prices - Huge Stock -Fast Delivery www.LxserCare.com Ink & Toner III OClnket coni Go Greenl Buy Recycled Inks Save extra 10% OFF www.00inkjetcom IT Supplies for HP Your source for HP printers, Ink &toner at discount prices www.itsupplies.com About I FAQ I Terms I Privacy Policy I Safety Tips I Contact MySoace I Report Abuse I Advertise I MvSpace International ♦ I MvSnace Latino ®2003-2008 MySpace.com. All Rights Reserved. nR/27/2noR MySpace.com - View Image - Seduction Night Club - Photo 6 of 7 status: (none) Mood: neutral 0(Update) Home I Mall • I Profile • I Friends+ I Music I Videos I More IS photos i Upload Photos Seduction Night Club — View Photo Previous I Next Every Saturday Babtell I Post A Comment E -Mall to a Frlentl Q Share Report 7hB Image Page 1 of t Web♦ Search My Account I Sigh Out Back to Profile Back to Albums Forbidden by rating check You are riot permitted to access the URL http://promos.webdate.com/geo/custom/how prg=&url=&id=webdatej oin&a--myspaceM oaparamsZEQUALZ2_banneridZEQUAL, due to the policy of your organization. If this is an error, then you should contact your local security gateway administrator. 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Profile Back to Albums Links to the photo Photo URL: http://viewmorepics.myspace.com/Ind _Copy Photo. code: copy It to your proFlle <a href="http:0viewmoreplcs.myspact Copy sponsored Links Pimp My Profile 100% Free Backgrounds & Layouts - Download them Now for Free Webfehi.smileyc trahccm About I lFAO I Terms I Privacy Policy 15afsty Tips I Contact MvSoace I Report AbuseI Advertise I MVSo ce International ♦ I MvSoace Latino 02003-.2009 MySpace.com. All Rights Reserved. nQ/o�/�nnst Exhibit MySpace.com - RIGHTEOUS KING - 29 - Male - FULLERTON, CALIFORNIA - www.myspa... Page 5 of 13 RT:IIj He,. Cikk IwQA yiow It tell sire and .."duw ono ga5kl +u I Hae more stickers I share this sfielur4I .Int ( 2000 11l9] phi HEY SOY, .IUSI SHOWN YOU SUM LOVE 1:4 JIII Y 2006 10 48 PM ,Ilm I f. 1d06 t14 li d A9 - May 312008.2 10 PM Huy RIGHTEOUS KING,, I IUs1 bought you a5 my pEj'I Click ham to find out how much I think vou'ro WORTHI TNS mmomnt nag nrnt by ymir hkwd )da the ¢yd YwrErkndstapplimPorl i0 brockamrrwnla sonV via APP$ c¢o hm May 26 2006 1 n PM W014 W 6WI'I GUIIIIn bVW sh(m yu pgo shill love no homy 106 gtwat OONEOEAL CASH RE THE CREW AQP77/)MQ Exhibit Tustin Dining: Roderick's - OC Register ft Roderick's 14131 Red Hill Ave., Tustin, CA, 92780 (714) 665-2709 - Website Roderick's is a tri -level restaurant/bar that also features live music and dancing. The 'Great Room' is tucked away upstairs with a cozy fireplace and a fine dining feeling. Centrally located is our'Jazz Room' which offers live entertainment while dining. Downstairs is our'Sports Lounge' which features 5 plasma screens a full seating. All rooms are family friendly with a menu brunch served every Sunday from 10am to 2pm. -JAZZ DINING ROOM Fri. Night 6:30PM-10PM Live Jazz/Blues Entertainment Sat. Night 6:30PM-10PM Live Jazz/Blues Entertainment Sun. Night 5:OOPM- 9PM Chuck Ousley Trio/Jazz Jam Session -SPORTS LOUNGE/LOTUS LOUNGE Thurs. Night 9:30PM-1PM DJ AND Dancing/College Night (Bring your school ID) Drink and Food Specials Fri. Night 9:30PM-1:30PM DJ AND Dancing Sat. Night 9:30PM-1:30PM DJ AND Dancing COMEDY NIGHT AS SCHEDULED ***BANQUETS AND CATERING AVAILABLE Tags: restaurant,, comedy, dancing, tustinsports Creator: — Restaurant Details American Cuisine $$($15—$30) Price Kid Friendly, Fun, Romantic, Business Atmosphere Not Required Reservations Non-smoking, Delivery Features Casual and Dressy Casual Attire Hours Mon.-Thurs. 1 1A - MID Fri. 11 AM - 2AM Sat. 11 AM - 2AM Sun.10AM - 11:30PM Payment Mastercard, Visa, American Express Location & Nearby Info 14131 Red Hill Ave., Tustin, CA, 92780 Return brunch, dinner, lunch, live entertainment, bars, Map data ®2008 Tele Atlas - Terms of Use Page 1 of 2 08/27/2008 Exhibit 34 a. 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 29 29 RESOLUTION NO. 99-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 98-029 AUTHORIZING ON-SITE SALE AND CONSUMPTION OF BEER, WINE AND DISTILLED SPIRITS (LICENSE TYPE 47) AND LIVE ENTERTAINMENT IN CONJUNCTION WITH A NEW RESTAURANT LOCATED AT 14131 RED HILL AVENUE I. The City Council finds and determines as follows: A. That a proper application for Conditional Use Permit 98-029, was filed by Lary Smith, requesting authorization to obtain a license for the on-site sale and consumption of beer, wine and distilled spirits (ABC License Type "47") and live entertainment in conjunction with a new existing restaurant located at 14131 Red Hill Avenue, Tustin. B. That a public hearing was duly called, noticed and held on said application on February 8, - February 22, and March. 8, 1999 ,by the Planning Commission. C. That on March 15, 1999, the City Council appealed the Planning Commission's decision and that public hearings were duly called, noticed and held on said appeal on April 5, and April 19, 1999 by the City Council. D. That the proposed use is allowed within the C-1 (Rotail Commercial) Zoning District with the approval of a Conditional Use Permit. E. That the establishment, maintenance, and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health,. safety; morals, comfort, or general welfare of the persons residing or working In the neighborhood of such Proposed use nor be a detriment to the propperty and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced by the following findings: 1. The proposed project, as conditioned, complies with adopted guidelines for alcoholic beverage sales establishments which have been established and ' considered to mitigate potential impacts associated with -the sale of alcohol In conjunction with restaurants. 2. As conditioned, the sale of alcoholic beverages would be limited to privileges for a type 47 license. Sales of alcoholic beverages for off- site consumption is prohibited except as authorized in the Business and Professions Code Section 23396.5. 3, The sale of alcohol would only be authorized in conjunction with a. restaurant use. 4. Sales of beer, wine and distilled spirits will be permitted only when food is available. Food provided will be prepared. on the premises. 5. Granting of a temrary use permit to allow up to five coin operated games, two pooV iiliard tables and a total of 16 "bar seats" on the restaurant premises shall be for six months commencing on March 15, 1999. During this temporary period, the Planning Commission shall consider if it is appropriate to amend the Alcoholic Beverage Sales Establishment Guidelines to allow "bar seating", coin operated video games and pool/billiard tables. Granting of the temporary use 10 11 12 13 14 u 16 n 18' Resolution No. 99-29 Conditional Use Permit 98-029 April 19, 1999 Page 2 permit does not guarantee that "bar seating", coin operated video games and pool/billiard tables will be permitted for a period longer than as stated in Condition 2.10 of this resolution. The applicant has agreed to remove these amenities and improvements immediately at his sole expense if the Planning Commission does not amend the Alcoholic Beverage Sales Establishment Guidelines to permit. these amenities and improvements. 6. The applicant has not requested approval to locate any sexually oriented business or use within the proposed restaurant In addition, sexually oriented businesses are not permitted within the Retail Commercial (C-1) zoning district. Therefore, no sexually oriented businesses will be conducted on the premises. 7. All ersons serving beer, wine and distilled spirits will be eighteen (18f years of age or older and supervised by someone twenty-one (21 years of age or older. The supervisor will be present in the same area as point of sale. 8. A parking summary will be submitted and approved by the Community Development Department if any increase in the 150 seats is proposed. F. That this project is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15301 (Class 1). G. That the project has been reviewed for consistency with the Air Quality Sub - element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub -element. 19 II. The City Council hereby approves Conditional Use Permit No. 98-029 authorizing the.on-site sale and consumption of beer, wine and distilled spirits (ABC License 20 Type "47") and live entertainment in conjunction with a new restaurant located at 14131 Red Hill Avenue, subject to the conditions contained within Exhibit A, 21 attached hereto. ' 2 11PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the 19. day of April, 1999. 23 24 zs THOMAS R. $62TARELLI 26 l� _ Mayor 27 1 ),,,-f 2s PAMELA 29 City Clerk EXHIBIT A RESOLUTION NO. 99-29 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 98-029 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans date stamped March 8, 1999, on file with the. Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to the plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code. (1) 1.2 Conditional Use Permit approval shall become null and void unless an Alcoholic Beverage Control License Type "47" is obtained from ABC and the sale and consumption of beer and wine commences within twelve (12) months of the date of this exhibit. Time extensions may be granted by the Community Development Department if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 Approval of Conditional Use Perm 98-029 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.4 Conditional'Use Permit 98-029 authorizes ABC License. Type "47". The sale of alcoholic beverages for off-site consumption is prohibited, except partially consumed bottles of wine as authorized in the Business and Professional Code Section 23396.5. - - (1) 1.5 The applicant shall'hold harmless and defend the City of. Tustin from all claims and liabilities arising.out of a challenge of the City's approval of this project. (1) 1.6 Unless otherwise specified, the conditions contained in this Exhibit shall be compiled with prior to the issuance of any building permits for the project, subject to review and approval of the Community Development Department. (1) 1.7 Conditional Use Permit 98-029 may be reviewed on an annual basis, or more often if necessary, by the Community. Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use Is not operated in accordance with Conditional Use Permit 98-029, or is found to be a nuisance or negative impacts are affecting the surrounding neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. SOURCE CODES (1) STANDARD CONDITION (5). RESPONSIBLE AGENCY REQUIREMENT (2 CEQA MITIGATION (6) LANDSCAPING GUIDELINES 3 UNIFORM BUILDING CODE/SPC/CC POLICY (4 DESIGN REVIEW EXCEPTION Exhibit A Resolution No. 99-29 Conditional Use Permit 98-029 April 19, 1999 Page 2 (5) 1.8 Audited financial statements and schedules separately identifying gross sales of food and gross sales of alcohol, must be submitted to the Community Development Director for annual review. The gross receipts of food sales must exceed the gross receipts of alcohol sales. If gross receipts of alcohol exceed food sales, the Community Development Director shall initiate proceedings to revoke the Conditional Use Permit. (1) 1.9 Any violation of any of the conditions imposed is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. (1) 1.10 The applicant shall be responsible for costs associated with any necessary code enforcement action. The applicant shall post security in the amount of $2,500 for a period of nine months in the form acceptable to the City Attorney securing the removal of the bar stools, coin operated video games, and the pool/billiard tables temporarily approved herein for a period,of no more than six months. The amount of said security is the estimated legal and administrative costs associated with the enforcement of the temporary approval, including the estimated costs of removing the temporarily approved bar stools, coin operated `video games, and pool/billiard tables. If the City extends the time of the temporary approval, the applicant shall post new or extended security, which security shall expire no earlier than the 90" day following the expiration of the approval extension, and the amounts thereof may then be adjusted to reflect any new estimated costs associated with the enforcement of said temporary approval. USE RESTRICTIONS (3) . 2.1 No off-site sale or consumption of alcohol is .authorized, except partially consumed bottles of wine as authorized in Business and Professions Code Section 233065. (5) 2.2 No outdoor.seating shall be permitted unless a separate Conditional Use Permit is approved pursuant to the current provisions of the Tustin City Code. (2) 2.3 Hours of sales of alcoholic beverages shall be limited to the hours when food is available. Service of food menu items shall be during all business hours. (2) 2.4 Operating hours shall be consistent with other businesses within the commercial center. The closing hours shall be 11:00 p.m. Sunday through Thursday and 12:00 a.m. Friday and Saturday.. No new patrons shall be admitted after the dosing hours and patrons shall vacate the premises within thirty .(30) minutes after closing time. (2) 2.5 The menu of the restaurant shall consist of foods that are prepared on the premises. Exhibit A Resolution No. 99-29 Conditional Use Permit 98-029 April 19,1999 Page 3 (1) 2.6 All persons selling alcoholic beverages shall be eighteen (18) years of age or older and shall be,supervised by someone twenty one 21 ears of age or older. A supervisorspall be present in same area as point of sale. (5) 2.7 The maximum number of seats shall comply with the number of available off-street parking spaces within the entire center. A request for additional seats requires submittal of a current parking summary, which must be reviewed and approved by the Community Development Department prior to increasing the number, of seats. (2) 2.8 Live entertainment:,and public dancing shall be located entirely within the interior of the restaurant during normal business hours. No sexually oriented business shall be conducted on the premises. (2) 2.9 Authorization for the on-site sales of beer, wine and distilled spirits (ABC License Type "47") is contingent upon the use of the subject premises remaining a restaurant. Should this use change or be discontinued, authorization, for this.use permit is null and void. (7) 2.10 A temporary use permit shall be granted for a period of six months, or until amendments to the Alcoholic Beverage Sales Establishment Guidelines, regarding "bar seating", coin operated video games and pool/billiard table regulations have been adopted, which ever time frame is shorter. The six month period shall commence from March 15; 1999, The temporary use permit shall allow 12, 'bar seats" within the lounge area and 4 bar seats' within the main. level dining. room, up to five coin operated video games and two pool/blllard tables (also referred. to'as amenities and Improvements) on the premises. If the Guidelines are amended to allow any amenities or Improvements; the Community Development Department may approve the amenities and Improvements that are permitted by the Guidelines administrative)y. Approval for any amenities that are not allowed by the amended Guidelines shall become null and -void and those amenities shall be removed within ten (10) . days of the Planning Commission's determination. at the owners sole expense. (5) 2.11 The applicant shall obtain a Public Dancing Permit arnd an Entertainment Permit from the Community Development Director prior to offering public dancing and live entertainment on the premises. (5) 2.12 Any bar located within the facility shall function as a food/beverage service bar. (7) 2.14 The entire facility, which includes all three (3) levels, shall operate exclusively as a restaurant During business hours, at least 80% of the premises shall be designed and used for and must posses the necessary utensils, table service and condiment dispensers with which to serve meals. to the public. (1) . 2.15 "No Loitering" signs shall. be posted. at the entrance of the business. Exhibit A Resolution No. 99-29 Conditional Use Permit 98-029 April 19,1999 Page 4 (1) 2.16 All litter shall be removed from the exterior area around the premises including adjacent public sidewalk areas and parking areas no less frequently than once each day that the business is open. (1) 2.17 Public telephones inside and adjacent to .the establishment shall be modified to prevent incoming calls. , SITE PLAN, FLOOR PLANS & ELEVATIONS (4) 3.1 Exterior elevations of the building shall indicate any existing or proposed fixtures or equipment to be located on: the roof of the building; equipment heights and type of screening. All roof mounted equipment, vents, exhausts or other roof penetrations shall be located a minimum of 6 Inches below the top of parapets. (3) 3.2 Three (3) inch striping detail shall be shown for all parking spaces. Handicapped markings shall be -provided on.the designated accessible parking space. (5) 3.3 The project shall meet all applicable requirements set forth in the Tustin Security Code relating to commercial structures, including lighting and locking devices, The City's Security Ordinance requires that lighting at exterior doors, driveways, and parking areas shall provide at minimum of one (1) foot=candle of illumination. All exterior. lighting shall be consistent with the center. and arranged so as not to ,direct light or glare onto adjacent properties or streets. (1) 3.4 Plans for a trash enclosure shall . be submitted to the Community Development Department for review and approval. The plans shall include information regarding the proposed self-closing and self -latching gate, size dimensions, setbacks, colors and materials. The trash enclosure shall be at least six (6) feet in height and comply with the Great Western Reclamation standards. The trash enclosure size shall have the ability to accommodate the City's recycling program. (1) 3.5 The existing landscape planters on the site shall be repaired, Irrigated and planted. The planters and landscaping materials shall be continuously maintained in an appropriate manner. An automatic irrigation system shall be Installed and the landscaping shall be watered on a regular basis. All weeds and dead, landscaping shall be removed immediately, replaced, and maintained with healthy plants. (1) 3.6 The existing monument sign for the restaurant shall be repaired, painted, and/or replaced. A new sign shall comply with the City of Tustin Sign Code. Plans shall be submitted to the Community Development Department for review, approval, and permits. Exhibit A Resolution No. 99-29 Conditional Use Permit 98-029 April 19, 1999 Page 5 BUILDING DIVISION (3) 4.1 In compliance with the Uniform Building Code (Application for Permit) and prior to the issuance of a building permit, the applicant, designer, Architect or Engineer must submit building plans to the Building Division for review and approval. (3) 4.2 In compliance with the California Code of Regulations, Title 24 Part 2, Accessibility Standards, and prior to the plan check approval, the designer, Architect or Engineer must provide designs for accessibility for ther physically challenged to the Building Division for their, review and approval prior to the issuance of a building permit. (3) 4.3 In compliance with the Department of Justice (Office of the Attorney General) this condition is for the accessibility for the proposed project, the designer, Architect or Engineers proposed project must comply with the Americans with. Disabilities Act (ADA) (Federal Register). (3) 4.4 In compliance with the Tustin City Code, (Health Code) and prior to the issuance of a building permit, the designer, Architect or Engineer must submit plans to the Orange County Health Department for project approval: and must submit the approved plans to the City of Tustin Building Division for their review and approval prior to the issuance of a building permit. FIRE (3) 5.1 Prior to the issuance of any building permits, the applicant shall submit to the Fire Chief evidence of the on-site fire hydrant system and indicate whether it is public or private. If the system Is private, the system shall be reviewed and approved by the Fire Chief prior to Issuance of building permits. Provisions shall be made by the applicant for the repair and maintenance of the system, in a manner meeting the approval of the Fire Chief. (3) 5.2 Street Markings: A. Prior to the issuance of any grading permits, the applicant shall submit and obtain approval from the Fire Chief for street improvement plans with fire lanes shown. The plans shall indicate the locations of red curbing and signage. A drawing of the proposed signage with the height, stroke and color of lettering and the contrasting background color shall be submitted to and approved by the Fire Chief. Exhibit A Resolution No. 99-29 Conditional Use Permit 98-029 April 19, 1999 Page 6 B. Prior to the issuance of the certificate of use and occupancy the approved fire lane marking plan shall be installed. The plans shall contain a fire lane map and provisions which prohibit parking in the fire lanes. A method of enforcement shall be included. (3) 5.3 Prior to installation, plans for an approved fire -suppression system for the protection of commercial -type cooking equipment shall be submitted to the Fire Chief for review and approval. FEES (1) 6.2 Prior to the issuance of any building permits, payment shall be made of all applicable building and Orange County Fire Authority plan check and permit fees to the Community Development Department, based on the most current fee schedule. (5) 6.1 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check pa able to the COUNTY CLERK In the amount of $38.00 (thirty-eight dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above -noted check, the statute of. limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental. Quality Act could be significantly lengthened. smaesaM9.291.1-doc RESOLUTION CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF TUSTIN ) RESOLUTION NO. 99.29 Pamela Stoker, City Clerk and- ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council is five; that the above and foregoing resolution was passed and adopted at a regular meeting of the City Council held on the 19th day of April, 1999, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED COUNCILMEMBER ABSENT: Pamela Stoker; City Clerk Saltarelli, Worley, Doyle, Thomas None None Potts.. Exhibit BUSINESS PERMIT DEPARTMENT OF COMMUNITY DEVELOPMENT Name of Applicant: MATTHEW R. HUSTON Address of Applicant: 930 S. KEENE DRIVE LA HABRA, CA 90631 BUSINESS NAME RODERICK'S ADDRESS 14131 REDHILL AVE. TUSTIN, CA 92780 PERMIT ISSUED FOR: LIVE ENTERTAINMENT DATE PERMIT ISSUED DECEMBER 5, 2006 Permit subject to Conditions attached. � 2r L Elizabeth A. Binsack, Director Community Development Department v orms:Hermn Hy Da g-Libun o Business License Technician RODERICK'S MATTHEW R. HUSTON PERMIT TO OPERATE CONDITIONS LIVE ENTERTAINMENT (Piano Bar, Jazz/Blues Singers, Live Bands) This permit to operate is approved provided: That the permittee obtain and keep current a City of Tustin Business License. 2. That the permittee comply with all established requirements of the Department of Justice, Tustin Police Department, Department of Alcohol Beverage Control, and applicable provisions of the Business and Professions Code. 3. That the permittee comply with all applicable provisions of the Tustin City Code, including section 3236. 4. That should the Chief of Police identify the need for a private security service or in the instance where a service is already employed, identify the need for additional private licensed security patrol officers; the permittee shall promptly employ or contract for such security services at the permittee's own expense. 5. That any police officer of the City, while on duty, whether in uniform or working in civilian clothes, shall be admitted, without charge, for the purpose of inspecting the conduct of those participating in the entertainment to see that the provisions of the Tustin City Code and these permit conditions are complied with. 6. That the permittee prohibits any intoxicated, boisterous, or disorderly persons from entering, being, or remaining on the premises. 7. That the permittee not transfer or sell this permit. 8. That the permittee provide an accurate list and description of the proposed entertainers to the Chief of Police, submitted within ten (10) days of hire. 9. That the stage or entertainment areas shall not be open to view from outside the premises. 10. That the permittee shall not operate, conduct, or permit the operation of a sexually oriented business, as defined in Tustin City Code section 3911, on the premises without first obtaining all necessary permits under the Code. No owner, employee, independent contractor, or performer shall appear nude, in a state of nudity, semi- nude, display specific anatomical areas (as defined in section 3911(p) of the Tustin City Code), or simulate any sexual act, while on the premises. 'Permit to Operate Conditioi.s Live Entertainment Page 2 11. That whenever permittee intends to present a different type of entertainment than that authorized by this permit (piano bar, jazz/blues singers, live bands), the permittee shall so advise the Director of Community Development in writing and shall furnish such additional information as may be required per Tustin City Code section 3237. Any new form of entertainment shall require written approval of the Director. 12. That the permit to operate may be revoked if the permittee has ceased to meet the requirements for issuance of the permit or violates the provisions of this permit or the Tustin City Code. 13. That music or noise from the establishment shall not be in violation of Tustin City Code section 4600 et seq. 14. That no owner, partner, employee, or independent contractor who has been convicted of illegal drug usage, drug dealing, or prostitution within the last five (5) years is eligible to work on the premises. Within ten (10) days of a request by the Chief of Police, owners, entertainers, employees, and independent contractors shall supply fingerprints to the Police Department to ensure compliance with this requirement. The permittee shall maintain written certifications from each entertainer, employee, and independent contractor that he or she has not been convicted of illegal drug usage, drug dealing, or prostitution within the last five (5) years to ensure compliance with this requirement. 15. That hours of operation shall comply with Conditional Use Permit No. 98-029. 16. That the permittee maintains a valid Conditional Use Permit and the Conditional Use Permit is not revoked or suspended. MY SIGNATURE BELOW VERIFIES THAT I HAVE READ, UNDERSTAND, AND AGREE TO THE CONDITIONS UNDER WHICH THIS PERMIT HAS BEEN GRANTED AND HAVE READ AND UNDERSTAND THE CONDITIONS UNDER WHICH THIS PERMIT MAY BE REVOKED. -1ALP41f;--- MATT EW R. HOSTON I1"A-(q,l C) L DATE SIGNED LIVE ENTERTAINMENT PERMIT SUPPLEMENTAL Please type or print NAME OF APPLICANT U-Lkkkht%& {Z. S}e ry DATE "] •� �—Q �, BUSINESS NAME 12oprazeA .15 EXACT LOCATION WHERE ENTERTAINER WILL PERFORM_Oddress as well as actual physical location on the premises) DESCRIBE THE EXACT TYPE OF LIVE ENTERTAINMENT PROPOSED PROVIDE THE NAMES OF ANY CO-OWNERS, PARTNERS, SILENT PARTNERS, FINANCIAL SUPPORTERS AND OR INVESTORS IN THE BUSINESS APPLYING FOR THIS LIVE ENTERTAINMENT PERMIT. If more space is needed please provide list on a separate sheet of paper. -- T%1FnP�A `n„i5P Fit—Sin WITG� LIST ANY OTHER NAMES BY WHICH THE APPLICANT IS KNOWN OR HAS DONE BUSINESS AS A "dba", please include nicknames. IS THE STAGE OR ENTERTAINMENT AREA PROPOSED OPEN TO VIEW FROM OUTSIDE THE PREMISES yes noX_ TV Community Development Department City of Tustin ENTERTAINMENT PERMIT 300 Centennial Way Tustin, CA 92780 BOURBON STREET RESTAURANT -14131 REDHILL AVENUE (714) 573-3100 Proposed Entertainment: In conjunction with a full service restaurant, live musical entertainment and public dancing is proposed witbin the designated 150 square foot stage and dance floor area in the cocktail lounge on the lower level of the subject restaurant. This permit is APPROVED by the Community Development Director. Issubnce of this permit is discretionary and this permit is subject to revocation if all conditions of approval are not met. The applicant and property owner will be cited if they do not comply with conditions of approval and formal revocation proceedings will commence. The applicant and property owner agree to the following conditions imposed by this permit: A. The Entertainment Permit approval shall become null and void if any of the Conditions of Approval in Resolution No. 99-29 approving Conditional Use Permit No. 99-029 are violated. B. Any violations to these conditions shall result in revocation of this permit. Upon revocation, the applicant and/or owner shall be responsible for removing the stage and dance floor area within 15 days of being noted by the City. All live entertainment and public dancing shall cease upon notification. C. The Entertainment Permit may be reviewed every six months, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with the conditions of approval. If the use is not operated in accordance with the Entertainment Permit or the Conditional Use Permit No. 98- 029, or is found to be a nuisance or negative impacts are affecting the surrounding neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may revoke the Entertainment Permit. D. Any violation of any of the conditions imposed is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. E. The applicant shall be responsible for costs associated with any necessary code enforcement actions. F. wive enter ainment and public dancing snali be located entirely within the interior of the restaurant during normal business hours. CZ. No sexi gall,, oriented business shal! he conducted on the prernise�. at H. The applicant and/or owner shall be responsible for complying with the City of Tustin Noise Ordinance at all times. This permit is issued to Larry Smith the owner of record of the Bourbon Street Restaurant and shall be non -transferable. A new permit must be obtained for any change in use or ownership of the subject facility. J. The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the Clty's approval of this permit. Date 1' Elizabeth A. Binsack Director of Community Development LL:eabftuftnstentpermlLdoo , Red �'// Berta, ��aht, the Lar m ith.e�-�°/ Bourbon Street Restaurant Exhibit RODERICK'S ACTIVE $0.00 14131 RED HILL AVE. TUSTIN. CA 92780 10/09/2006 100778768 A 58 City of Tustin Business License Detail Listing Business Information BASED ON GROSS RECEIPTS Eating and Drinking Places C1/SCR 10-05-06, RESTAURANT (FULL SERVICE) pronartlaa ® C1/SCR License Information Y Sole Proprietor 01/01/2008 $� 12/31/2008 License Fee $80.00 0 0 Penalty Fee $20.00 0 100.00 $600,000.00 $0.00 0 0 0 Owner Information Page 1 08/19/2008 City of Tustin Business License Detail Listing RODERICWS Owner Information OWNER MATTHEW R HUSTON PARTNER THERESA L HUSTON S/A Comments 03/04/2008 2:43:15 PM 100.00 CC RECEIPT NO. 99997 08/14/2007 12:09:15 PM 100.00 CC RECEIPT NO. 65297 TAX & PENALTY 10/09/2006 11:01:21 AM 25.00 CC LIVE ENTERTAINMENT APPROVED 11-05-08 Page 2 08/19/2008 RODERICK'S -a City of Tustin Business License Detail Listing License History From: 10/09/2006 To: 08/19/2008 10/09/2006 12/31/2006 License Fee 25.00 12/04/2006 RENEWAL $25.00 RENEWAL 01/01/2007 12/31/2007 License Fee 50.00 08/09/2007 Penalty Fee 50.00 LICENSE L $100.00 12/05/2007 01/01/2008 12/31/2008 License Fee 80.00 LICENSE Penalty Fee 20.00 Transaction History From: 10/09/2006 To: 08/19/2008 .,..F:F=inII+1;J�fEi+ i t.:f-�:L._..':?�'1�-- _.._ ._:��_:.. s_•:._. ...'SSa1;yt. 10/09/2006 PAYMENT 12/04/2006 RENEWAL 01/03/2007 RENEWAL 08/09/2007 CHANGE STATUS 08/09/2007 CHANGE STATUS 08/14/2007 LICENSE 08/14/2007 PAYMENT 12/05/2007 RENEWAL 03/04/2008 LICENSE 03/04/2008 PAYMENT ($25.00) $0.00 $0.00 $0.00 $0.00 $100.00 ($100.00) $0.00 $100.00 ($100.00) $0.00 $0.00 $100.00 Page 3 08/19/2008 Exhibit 7 RealQuest.com ® - Report Page 1 of 1 Property Detail Report ReaiQuest*Com For Property Located At 14131 RED HILL AVE, TUSTIN CA 92780-5833 Owner Information: Owner Name: WILSON HUBER G Rooms/Offices: Lot Area: Total Restrooms: 3185 MORITZ DR, HUNTINGTON BEACH CA 92649-1877 C005 C/O OLD Mailing Address: TOWN INC Heat Type: Construction: Phone Number: Foundation: Vesting Codes: / I Location Information: Basement Area: Condition: Legal Description: IRVINE SUB LOT 34 BILK 11 POR OF LOT TR 361 County: ORANGE, CA APN: 432-041-17 Census Tract/ Block: 755.12/2 Alternate APN: Township -Range -Sect: Subdivision: IRVINE Legal Book/Page: Map Reference: 23-F3/ 830-05 Legal Lot: 34 Tract M 361 Legal Block: 11 School District: TUSTIN UNIF Market Area: Munic/Township: Neighbor Code: Owner Transfer Information: Recording/Sale Date: / Sale Price: Document #: Last Market Sale Information: Recording/Sale Date: / Sale Price: Sale Type: Document #: Deed Type: Transfer Document #: New Construction: Title Company: Lender: Seller Name: Prior Sale Information: Prior Rec/Sale Date: / Prior Sale Price: Prior Doc Number: Prior Deed Type: Property Characteristics: Year Built / Eff: 19701 Gross Area: 3,991 Building Area: 3,991 Tot Adj Area: Above Grade: # of Stories: 1.00 Other Improvements: Site Information: Zoning: Flood Zone: Flood Panel: Flood Panel Date: Land Use Tax Information: Total Value: Land Value: Improvement Value: Total Taxable Value: Deed Type: 1 st Mtg Document #: 1 st Mtg Amountrrype: 1stMtg Int. Raterrype: 1 st Mtg Document #: 2nd Mtg Amount/Type: 2nd Mtg Int. Raterrype: Price Per Sq Ft: Multi/Split Sale: Prior Lender: Prior 1 st Mtg Amt/Type: Prior 1st Mtg Raterrype: Total Garage Area: Rooms/Offices: Lot Area: Total Restrooms: Garage Capacity: Roof Type: Parking Spaces: Roof Material: Heat Type: Construction: Air Cond: Foundation: Pool: Exterior wall: Quality: Basement Area: Condition: 0.16 6,860 x C $232,467 Assessed Year: 2007 $18,854 Improve %: 092% $213,613 Tax Year: 2007 $232,467 County Use State Use: Site Influence: Sewer Type: Water Type: Property Tax: Tax Area: Tax Exemption: COMMERCIAL (3) $3,449.52 13001 bttn://www.realauest.comlist)lrei)ort.isv?&client=&action=confirm&type=getreport&recordno=0... 08/21/2008 Acres: X Lot Area: 0602350277H Lot Width/Depth: 02/18/2004 Commercial Units: COMMERCIAL Building Class: BUILDING 0.16 6,860 x C $232,467 Assessed Year: 2007 $18,854 Improve %: 092% $213,613 Tax Year: 2007 $232,467 County Use State Use: Site Influence: Sewer Type: Water Type: Property Tax: Tax Area: Tax Exemption: COMMERCIAL (3) $3,449.52 13001 bttn://www.realauest.comlist)lrei)ort.isv?&client=&action=confirm&type=getreport&recordno=0... 08/21/2008 California Business Search Page 1 of 1 W M1 in a Q, "..: a M DISCLAIMER: The information displayed here is current as of AUG 15, 2008 and is updated weekly. It is not a complete or certified record of the Corporation. Corporation OLD TOWN, INC. Number: C17240:41�=j Date Filed: 4/23/1993 Status: active Jurisdiction: California Address 3185 MORITZ DRIVE HUNTINGTON BEACH, CA 92649 Agent for Service of Process LARRY R SMITH 3185 MORITZ DRIVE HUNTINGTON BEACH, CA 92649 Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. httn•//ken1er sccn.oov/cnmdata/ShnwAllList?OuervCoroNumbet 01724041&printer=yes 08/21/2008 02nge, CA, 2007-2008 -432-041-17,14131 RED HILL AVE, TUSTIN CA 92780.5833, Sheet 1 0/ 1 MITCHELL -•� AVENUE m � uxar• o i � �' verH nti� O ONIYE '€r: O iyat \ tiam Y m3m$ a $ untie h ® _ O w Q y w nrr rra Qm + � a It wO . i a. 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