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HomeMy WebLinkAbout01-X EXHIBITS ONLY - REVOKE CUP 98-029 11-18-08ATTACHMENT A Site Information: Property Detail Report, Location Map, Land Use Application Fact Sheet RealQuest.com ® - Report Page 1 of 1 Property Detail Report RealQuEst com For Property Located At 14131 RED HILL AVE, TUSTIN CA 92780-5833 Owner Information: Owner Name: WILSON HUBER G 3185 MORITZ DR, HUNTINGTON BEACH CA 92649-1877 C005 C/O OLD Mailing Address: TOWN INC Phone Number: Vesting Codes: Location Information: Legal Description: IRVINE SUB LOT 34 BLK 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 #: 361 Legal Block: 11 School District: TUSTIN UNIF Market Area: Munic/Township: Neighbor Code: Owner Transfer Information: Recording/Sale Date: / Deed Type: Sale Price: 1st 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: COMMERCIAL (3) 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 Class: C Water Type: BUILDING Tax Information: Total Value: $232,467 Assessed Year: 2007 Property Tax: $3,449.52 Land Value: $18,854 Improve %: 092% Tax Area: 13001 Improvement Value: $213,613 Tax Year: 2007 Tax Exemption: Total Taxable Value: $232,467 http://www.realquest.comlj sp/report. j sp?&client=&action=confirm&type=getreport&reco... 10/14/2008 E N j- `F''! a of 0 lo cs 1 Z Y^A ^613 ~h \ 1bA x"`7 ^b 4 b ,v ..i'•b.�`' �� 01, NV $� ��. � AA$,ys1 t�7 ♦Ary 1 ^A`' ,g1 1A 01 1A`Y ASA° lip N `iq gY� �� Ary � '♦A� ti syr• , a`O^ �.� ��if �A�A JN g'L CL of � !, U O cr- r-i 0 �A r J r -i i `m cc N j- `F''! a of 0 lo cs 1 Z Y^A ^613 ~h \ 1bA x"`7 ^b 4 b ,v ..i'•b.�`' �� 01, NV $� ��. � AA$,ys1 t�7 ♦Ary 1 ^A`' ,g1 1A 01 1A`Y ASA° lip N `iq gY� �� Ary � '♦A� ti syr• , a`O^ �.� ��if �A�A JN g'L CL of � !, U O cr- r-i 0 �A r J r -i LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): Revocation of CUP 98-029 2. LOCATION: Red Hill Avenue iust 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.) 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 REGULAR MEETING FEBRUARY 8, 1999 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Vice Chair Kozak INVOCATION: Commissioner Browne ROLL CALL: Chairperson Pontious, Browne, Davert, Jones, Kozak Commissioners: Present: Vice Chair Kozak Browne Davert Jones 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. ® IF 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 January 25,1999 Planning Commission Meeting Commissioner Davert moved. Commissioner Jones seconded, to approve the Consent Calendar. Motion carried 4-0. PUBLIC HEARINGS: 2. Conditional Use Permit 98-028 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 .;1;t -61;1#3Y1 OWNERS: ALEX AND MARIA GAON Recommendatio 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 Davert 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. Commissioner 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 Attomey 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 CONCERNS: Elizabeth A. Binsack, Community Development Director presented the subject report. Commissioner Davert moved. Commissioner 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. - Noted the presence of graffili 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 - 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 Browneto 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. Wv�.ej-- 0 es ieVp ontious Chairn Elizabeth A. Binsac Planning Commission Secretary MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING FEBRUARY 22,1999 CALL TO ORDER: 7:02 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Commissioner Jones INVOCATION: Commissioner Davert ROLL CALL: Chairperson Pontious, Browne, Davert, Jones, Kozak Commissioners: 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. ® IF YOU REQUIRE SPECIAL ACCOMMODATIONS, PLEASE CONTACT THE PLANNING COMMISSION SECRETARY AT (714) 573-3108. 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 Pontious 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 moved Commissioner 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 1. 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. Chairperson 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. Commissioner Jones noted that the access road could be realigned. Chaimerson 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 dosed 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 Wilikom 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- 4 5. Conditional 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. Com, W[person Pontious stated that there are negative constraints imposed by the configuration of the building and will make it hand to use the site. Commissioner Davert 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. WWRT-rim. 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. Commissioner 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. Chaimerson 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 applicant's 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 dosed 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 Commissioner 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 Davi 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. Larry 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. Commissioner 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. Commissioner Davert 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 Pontious 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. Chairperson 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 Yeafs Eve failing on a weekday. Commissioner Davert 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 Rem Karen Peterson, Acting Senior Planner presented the subject report. STAFF CONCERNS: T. . Reoort on Actions taken at the February 16 1999 Cif/ 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 lr 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 worts on the Red Hill Restaurant report. Planning Commission Minutes February 22, 1999 Page 11 - 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 Commissioner 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. eslie A. Pontious Chairperson � .'--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 Justin 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. Chairoerson 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: 1. 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. Recommendation 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 Dave rt 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. Chaimerson 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, attorney for applicant, withdrew the request to delete Condition 2.1.4 and stated his understanding of Condition 2.4 was the doors will close 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. Chairperson 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 dosed 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. I 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 dosing 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 Lary 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. Larry 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 '/2 hour or 45 minutes before the closing time or add a '/z hour onto the closing time after the doors are closed. Commissioner 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. 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 -0f -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. Chairperson 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. Chaimerson 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 owner's 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. Chaimerson 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 carried 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: • •11 --las. - 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 Vol 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. Pontio6s 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 Councilmember 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 City 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 3. DOBSON, EZ LUBE) It was moved by Potts, seconded by Thomas to continue the public hearing to the April 19, 1999 Council meeting. Motion carried 5-0. 610-40 CONSENT CALENDAR ( ITEMS 2 THROUGH 12 ) Item No. 10 was removed from the Consent Calendar by Mayor Saltarelli. It was moved by Thomas, seconded by Potts to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. 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 Gty Clerk 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 5. 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 Gty 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 CTIY OF TUSTIN, CALIFORNIA, ORDERING THE PREPARATION OF AN ENGINEER'S 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 S. 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/Engineedng 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 Plan 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 r: -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 Saltarelll, seconded by Potts, to appeal Item No. 2, Conditional Use Permit 98- 029. Motion carried 5-0. It was moved by Saltarelli. seconded by Woria,. to ratify the remainder of the Planning aTy GOUNQL MINUTES Page 3, 3-15-99 Commission Action Agenda of March 8, 1999. Motion carried 5-0. 120-50 REGULAR BUSINESS ( ITEMS 13 THROUGH 16 ) 13. PLANNING COMMISSION VACANCY Mayor Saltarelll 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. Counclimember Potts nominated Jane Anderson to fill the position because she had received the second highest Council votes during the last Planning Commission vacanci 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 P"q two Planning Commission term expirations. Mayor Saltarelli said he supported an Interim appointment to the Commission for 3 months and encouraged the candidates who had participated in the last Planning Commission recruitment to re -apply for the July term expirations. Coundf/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. Council voted for the following candidates for one Planning Commission vacancy: Jane Anderson and Tony Kawashima. Council cast their votes as follows: Saltarelli: 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: MR. ELMER TIEDIE, TUSTIN VILLAGE COMMUNITY ASSOCIATION) It was moved by Potts, seconded by Wod to have second reading by title only of Ordinance No. 1212. 615-20 Following second reading by title only of Ordinance No. 1212 by the City Clerk, it was moved by Thomas. `-eco bYJWe, 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 RIGiiT-0E-WAY ADJACENT TO PROPERTY LOCATED AT 15500 TUS71N VILLAGE WAY ll•q•1 .•r :,. M i • 15. CENSUS 2000 UPDATE • -•• -05-70 —,-K �• • Ali• • • • - •• 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 Coundl/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 Councilmember 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 Coundimember 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 Worley 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 Counclimember Potts reported he had discussions with residents of Tustin Meadows, Peppertree, and Laurelwood 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 Saltarelli 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. Councilmember 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 the honor and expressed eagerness to serve the community. MARGARETE THOMPSON Mayor Pro Tem Worley 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 Govemment 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 Saitarelii 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. THOMAS R. SAWARELLI, MAYOR MINUTES REGULAR MEETING OF THE CITY COUNCIL CM 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 Pledge of Allegiance was led by Cub Scout Pack 217, Den 1. The Invocation was given by Mayor Saltarelii. 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 Serl% 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 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 Saltarelli 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 Schwelckert 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 i 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 2,4-5-" 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 (OCTAD); 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 ta)acab 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. QTY 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. Councilmember 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 Sanarelli 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 byWim, seconded by Dovley to uphold the Planning Commission approval of Conditional Use Permit 98-029. Coundl/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 4-0. Thomas 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 PAC's 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 dosed. CITY COUNCIL MINUMS 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 40, 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 40, 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 Departrnent/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 couNaL 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) 8 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 Doyle, seconded f,Iy, rley to receive and file subject report. Motion carried 40, Thomas absent. 190-30 15. GRAD NIpow GHT FUNDING REQUEST 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 Saltarelii 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 Dosecond le, Y pd by Woriey, to donate $2,500 to Foothill High School and $2,500 to Tustin High School for Grad Night. Motion carried 2-0. Saltarelli, 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 Saltarelll 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 Fre 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 property 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 Saltarelli stated he was supportive of the Fire 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 Worley 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 COY CDUNaL MINUTES Pape 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 Saltarelli reminded everyone that the selection of the Mayor would take place on April 19, 1999, and the public was Invited to attend the -Mayors reception immediately following the meeting. r 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 Mayors Reception would be held in the Community Center immediately following the pow meeting. 6k "!4 7m 14 fol Z I r THOMAS R. SALT LLI, MAYOR 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 Saltarelii at 7:12 p.m. at the Council Chamber, 300 Centennial Way, Tustin, California. 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. Saltarelli, 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 Fire Authority, accepted the proclamation and stated he looked forward to working with the City In the future. PRESENTATION CHILD ABUSE SERVICES TEAM (CAST) Jan Grotewoid, 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 Departments 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 Grotewold introduced CAST members and Ms. Gillispie read a poem entitled "Speak Up for a Child." CITY COUNCIL MINUTES Page 2, 419-99 Mayor Saltarelli 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 DWle 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. 4. 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 Crty's water system as recommended by the Public Works Department/Water Division. .400-46"' 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 qty 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 CITY COUNCIL MINUTES Page 3, 419-99 plus tax, (2) Award bid for conversion of the eight marked police units to Pursuit Technologies of Buena Park, Callfomla, 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 SIXTH 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 400-10 REGULAR BUSINESS ( ITEM 13 ) 13. SELECTION OF MAYOR AND MAYOR PRO TEM Mayor Saltarelli introduced former Mayors Ursula Kennedy, Anthony Coco, Ronald Hoesterey, and Donald Saltarelli; 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 Counclimember 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 moved by Thomas. Bonded by Dgyle, 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 Saltarelll 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 Saltareu� second d by�D y1g, to nominate Councilmember Thomas as Mayor Pro Tem. Motion caQied 40 Potts absent 420-75 PUBLIC INPUT — None CITY COUNCIL MINUTES Page 4, 4-19-99 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. TRACY W" WORLEY, MAYOR 9-1 U' 1 41J-1 to I A 4:;K" 1 17AEGA 44 wj'� 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 2 BEER, WINE AND DISTILLED SPIRITS (LICENSE TYPE 47) AND 3 LIVE ENTERTAINMENT IN CONJUNCTION WITH A NEW RESTAURANT LOCATED AT 14131 RED HILL AVENUE 4 III. 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 at 14131 Red Hill Avenue, Tustin. S. B. That a public hearing was duly called, noticed and held on said application 9 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 1� will not, under the circumstances of this case, be detrimental to the health, safety; morals, comfort, or general welfare of the persons residing or 16 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 associated with- the sale of alcohol in conjunction with restaurants. 21 2. As conditioned, the sale of alcoholic beverages would be limited to 22 privileges for a type 47 license. Sales of alcoholic beverages for off- site consumption is prohibited except as authorized in the Business z3 and Professions Code Section 23396.5. 24 3. The sale of alcohol would only be authorized in conjunction with a 2; restaurant use. 26 4. Sales of beer, wine and distilled spirits will be permitted only when food is available. Food provided will be prepared on the premises. 27 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. Allpersons 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 19"' day of April, 1999. off- MORINO ON PAMELA • Rr City Clerk , V. WMMA THOMAS R. 8WARELLI 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 '(6j (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 901' 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 shalt 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, authorizationfor 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/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 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 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. 4104 (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 j 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 erivironmental 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 BEVERAGE 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. ❖ 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. ✓ Billia4Pool 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 fraternalorganizations; 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. ✓ Microbrewery: 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. AIcoholic 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. • Micro brewery: 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 Sr�� 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. Daniel D. Hart District Administrator DDH: kh ABC -334 (2/95) California ABC - License Query System - Data Summary California Department of Alcoholic Beverage Control License Query System Summary as of 10/21/2008 License Information icense Number: 442707 Status: R65 SURRENDER Prima Owner: HUSTON MATTHEW RODERICK BC Office of Application: SANTA ANA Business Name [Doing Business As: RODERICKS Business Address [Address: 14131 RED HILL AVE Census Tract: 0755.12 Cit : TUSTIN County: ORANGE State: CA Zip Code: 92780-5833 Licensee Information icensee: HUSTON MATTHEW RODERICK [Licensee: HUSTON THERESA LOUISE License Types 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 Current Disci linary Action . No Active Disciplinary Action bund ... Disci linary History [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 http://www.abc.ca.gov/datport/LQSdata.asp?ID=2026896464 Page 1 of 2 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: Nold Information old Date: 18 -APR -2008 Type: BOARD OF EQUALIZATION HOLD Escrow Escrow: 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.abc.ca.gov/datport/LQSdata.asp?ID=2026896464 10/21/2008 California ABC - License Query System - Data Summary California Department of Alcoholic Beverage Control M License Query System Summary as of 9/10/2008 .,icense Information icense Number: 413963 Status: CANCEL Primar Owner: FITZS PUB & LOUNGE INC BC Office of Application: SANTA ANA Business Name Ooing Business As: FITZS PUB & LOUNGE Business Address [Address: 14131 RED HILL AVE Census Tract: 0755.12 Cit : 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..icense Types 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-JLTN-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 ound .. . Disci linary History I.. No Disciplinary Histo ound .. . Hold Information . No Active Holds ound .. . EScrow . No Escrow ound .. . - - - End of Report - - - For a definition of codes, view our glossar. Page 1 of 1 California ABC - License Query System - Data Summary California Department of Alcoholic Beverage Control License Query System Summary as of 10/21/2008 License lnfornration icense Number: 400579 Status: CANCEL Primar Owner: FITZGERALD GREGORY MARK BC Office of Application: SANTA ANA Business 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 Licensee lnforrnation icensee: FITZGERALD GREGORY MARK [.icense "Ty es 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: 1 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 Current Disci linars- action . No Active Disciplinary Action bund .. . Disci linarc History . No Disciplinary Histo ound .. . Hold Information . No Active Holds ound .. . Escrow . No Escrow ound .. . Page 1 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 License Query System Summary as of 10/21/2008 License Information icense Number: 348808 Status: CANCEL [Primary Owner: RED HILL RESTAURANT INC BC Office of Application: SANTA ANA Business Mame Poing 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 Licensee Information 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 License Types 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 Current Disci linary ,fiction . No Active Disciplinary Action ound .. . Disci linary History I.. No Disciplinary Histo ound .. . Hold information . No Active Holds ound .. . Esca-ow . 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 license Information icense Number: 218761 Status: CANCEL rimar Owner: GMRI INC BC Office of Application: SANTA ANA Business :Name Poing Business As: RED LOBSTER 534 Business Address [Address: 23694 EL TORO RD Census Tract: 0320.14 it : LAKE FOREST County: ORANGE State: CA Zip Code: 92630 licensee Information icensee• 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 I_.icense Types 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 Current Disci linary Action . No Active Disciplinary Action found... Disci linary History No Disciplinary Histo ound .. . Hold Information . No Active Holds ound .. . IacroH° No Escrow ound .. . ---End of Report --- For a definition of codes, view our glossary. http://www.abc.ca.gov/datport/LQSDATA.asp?ID=218761000 Page 1 of 1 10/21/2008 ATTACHMENT F PLANNING COMMISSION STAFF REPORT AND DOCUMENTATION Report to the Planning Commission DATE: OCTOBER 28, 2008 TUSTI N SUBJECT: REVOCATION OF CUP 98-029 AND LIVE ENTERTAINMENT PERMIT CURRENT LISTED PROPERTY OWNER: HUBER G. WILSON C/O OLD TOWN, INC. 3185 MORITZ DRIVE HUNTINGTON BEACH, CA 92649-1877 ORIGINAL PROPERTY OWNER: LARRY SMITH RED HILL RESTAURANT, INC. 3185 MORITZ DRIVE HUNTINGTON BEACH, CA 92649-1877 LOCATION: 14131 REDHILL AVENUE (APN 432-041-17) ZONING: RETAIL COMMERCIAL DISTRICT (C-1) GENERAL PLAN: COMMUNITY COMMERCIAL ENVIRONMENTAL STATUS: STATUTORY EXEMPTION PURSUANT TO SECTION 15270(B) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) REQUEST: 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 all - 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 4tl S* iNT vk' r/ •/f• ' �.Y'; ''r�, 47e- ''f�g'a' 1 o-ka`., )tNHILN � iN +�/ •..4y+t 'a4zs snt`, alai C12=4-6.0—MET �'1 V LA A3 1 fl'1 • � / 1. . 4tl S* iNT l tiNRJIHLN '4YW 1 N me, )tNHILN � iN +�/ •..4y+t 'a4zs snt`, alai C12=4-6.0—MET DISCUSSION 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 8 Ov 4 'y1 �,tANifi 1421 141't 9t 33 P ` �'1 LA A3 1 fl'1 • � / 1. . lF,`, 7 i02 �'hr .,y 54 MISSI.N4 .jj •: K'A:1 EH � 1 3& 53 �� / �• /\ � MI I AV 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 ConditionCondition Description Date of Violations 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 8/27/08 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 ConditionDate ConditionDescription . Violations 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 2.16 All litter shall be removed from 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. 5/7/07 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. 90 - 80 - 70 60 - 50 -? 40 - 30 20 - 10 0 r. -....,..,...-.....-Calis--for--Servic-e 1-1--- � 11 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)B.Doc PC ATTACHMENTS A - G Have been removed to reduce paperwork and are shown in substantially consistent format in Attachment A through E of this report EXHIBIT i 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 i 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 Rodericks 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 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. b. 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, undercover officers were told that the kitchen was closed. Furthermore, no utensils or condiments were provided on the tables. C. 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 Resolution No. 4103 Page 4 several separate occasions and asked what time they close on Fridays, they received a response of"2:00 a.m." d. 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. e. 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. f. 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. 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. g. 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 Resolution No. 4103 Page 5 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. h. 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. i. 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. 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. k. Condition 2.16: All litter shall be removed from 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 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. Resolution No. 4103 Page 6 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 typo' 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. 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. J , CHARLES E. PUCKETT Chairperson LIZABETH 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. 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Binsack, Community Development Director David Kendig, Deputy City Attorney Kendra Carney, Deputy City Attorney Steve Lewis, Tustin Police Department Dana Ogdon, Assistant Community Development Director Terry Lutz, Principal Engineer Justina Willkom, Principal Planner Scott Reekstin, Senior Planner Amy Thomas, Senior Planner Alice Tieu, Associate Planner Cari Meyer, Assistant Planner Gordon Margulies, Tustin Police Department Brad Steen, Code Enforcement Officer Eloise Harris, Recording Secretary None PUBLIC CONCERNS CONSENT CALENDAR Approved 1. APPROVAL OF MINUTES — OCTOBER 14, 2008, PLANNING COMMISSION MEETING. It was moved by Murray, seconded by Thompson, to approve the Consent Calendar. Motion carried 5-0 PUBLIC HEARINGS Continued to 2. CONDITIONAL USE PERMIT 08-018 A REQUEST TO November 12, 2008, ESTABLISH A MASSAGE ESTABLISHMENT. THIS Planning Commission PROJECT IS LOCATED AT 1076 EAST FIRST STREET, meeting SUITE C, IN THE RETAIL COMMERCIAL (C-1) ZONING DISTRICT. Minutes — Planning Commission October 28, 2008 — Page 1 RECOMMENDATION: That the Planning Commission adopt Resolution No. 4101 approving CUP 08-018. 7:12 p.m. The Public Hearing opened. Meyer Presented the report. Thompson Asked for background and comparison between the previous use and what is being proposed. Meyer Responded that the business license records indicate that the previous use was acupuncture, which has similar requirements regarding parking. Thompson Asked for an explanation the training certificates required by the Tustin City Code. Reekstin Stated that massage technicians are required to obtain a massage permit from the City; in order to be eligible for this permit, the applicant must complete 1,000 hours of massage training from a recognized massage school and must also pass the National Certification Board examination for massage; this exam is administered throughout the country; if those requirements are met, an application may be submitted; these applications go through a rigorous process; for example, the Police Department does a background check that includes fingerprinting, past residences, past employment history, etc. Thompson Asked if there was a similar evaluation of the current applicant and business owner. Reekstin Replied that the massage operator must also have a City permit; the operator is not required to meet the qualifications to perform massage unless the operator is also a technician; in most cases, the operator is not a technician; there are no educational or training requirements for operators who do not perform massage. Thompson Asked if this applicant has been evaluated by the Police Department. Reekstin Responded that might be a question for the applicant. Director Stated that it was her understanding this applicant has been through the City's background check. Thompson Questioned whether this is considered a medical use. Minutes — Planning Commission October 28, 2008 — Page 2 Meyer Indicated that one of the conditions requires that massage be offered by appointment only but not necessarily recommended by a doctor. Thompson Asked how the permits are differentiated. Reekstin Stated that massage technicians often work in chiropractic, acupuncturist, or medical offices; the difference in those cases is that the doctor is not required to have a conditional use permit because the primary use would be medical; the business operator would need to have a massage operator's permit that requires a background check; the technicians would go through the same process; there are cases of massage occurring within a health spa or beauty salon; if there is no doctor present, the use requires a conditional use permit and massage permit. Director Added that in cases where there is an acupuncturist, medical doctor, or chiropractor, that person would be required to oversee the services being performed; that would not be the case with a pure massage establishment. Thompson Indicated that what he is trying to understand is how this would be different from a medical practice and what allows for private rooms and those types of features. Director Stated the City highly regulates these kinds of uses because of the possibility for misuse; a day spa does not require a prescription to have the benefit of providing massage services; an acupuncturist, chiropractor, physical therapist, or medical doctor often require a prescription for massage therapy; the use requested in this application would not require a prescription. Thompson Asked if staff had received any input from Broadmoor Park, the residential neighborhood to the east, or by the Tustin Chamber of Commerce. Meyer Answered that no comments were received. Thompson Asked if staff has gathered background information that was not included in the Planning Commission packets. Director Responded in the negative. Murray Asked for the historical perspective of this location. Director Suggested that Lieutenant Lewis should address that question. Minutes — Planning Commission October 28, 2008 — Page 3 Lieutenant Steve Stated that he serves as oversight for the Design Review process and Lewis, North Area works in partnership with Director Binsack's staff; and, indicated he Division Commander, would answer questions regarding this site. Tustin PD Murray Noted that he visited the location during the day- and night-time hours and has concerns regarding the aesthetics of the site and the calls for service to this site. Lewis Indicated that this building, but not this suite, and an adjacent location on Newport have received a considerable amount of police services; there have been 17 different operations and several arrests were made for various violations, from prostitution to business licensing. Murray Suggested that the lighting in the area is very poor; several lights were not functioning; there is heavy shrubbery; this presents a situation that could prompt problems. Asked for suggestions the Planning Commission should consider. Lewis Agreed that those are classic problems that cause law enforcement problems; the lighting should be in proper working order; the shrubs should be redesigned or cut back to allow for surveillance opportunities by law enforcement and passersby to ensure that nothing illegal is taking place. Murray Stated that he is familiar with some of the problems associated with massage parlors; and, asked if the City had anything in place to address the mixing of males and females on the site. Director Answered that the Tustin City Code indicates that if male and female patrons are to be treated simultaneously, the facility must provide separation; the floor plan before the Commission presents such an issue because a unisex facility is indicated. Murray Suggested that the conditions should be modified. Lewis Concurred with the Director regarding the separation of the sexes; unisex facilities create special problems in terms of policing. Murray Encouraged staff to make that modification. Director Asked if the Commission wished the staff to bring a modified set of conditions back to the Commission at the close of the Public Hearing. Puckett Answered in the affirmative. Kozak Stated his concurrence. Minutes — Planning Commission October 28, 2008 — Page 4 Kasalek Questioned whether there are other massage parlors in the City. Staff Answered in the affirmative. Kozak Stated that he has had experience with this type of application; Condition 2.2 provides that the applicant shall obtain a massage operator permit and all technicians shall obtain a massage technician permit; he suggested an addition requiring that the permits shall be displayed so as to be plainly visible at all times for the benefit of the operator and the patrons. Thompson Suggested that the facility at Tustin Plaza had problems associated with the lack of separation of the sexes; he wants to ensure that this application avoids those same issues and problems. Director Indicated that staff can bring back an explanation of what went wrong at that facility; each application has to be considered on its own merits; the conditions and the ordinance the City has on the books are good; if someone has the desire to circumvent the rules, he or she can, just as an individual has the ability to construct a building on a weekend or do something else without the benefit of building permits. Puckett Invited the applicant to the lectern. Fanny Huang, 1076 Stated that the applicant wished for her to interpret. E. 1St Street, Tustin Quong Li, applicant Stated that she is the owner; she has a massage license and 1,000 hours of instruction; she would answer questions from the Commission. Murray Asked if this was her first opportunity to engage in this type of business. Ms. Li Answered in the affirmative. Murray Asked how much experience she has in this area. Ms. Li Replied about one and a half years. Murray Asked if she was the sole owner of the business. Ms. Li Answered in the affirmative. Murray Questioned whether Ms. Li would be working alone or hiring other people. Minutes — Planning Commission October 28, 2008 — Page 5 Ms. Li Answered that she would hire one massage therapist and three facial assistants. Murray Asked if she would be working alone or partnering with her assistants and whether or not she would be on-site during the hours of operation. Ms. Li Indicated that she will be attending school but would have a manager on-site in her absence. Murray Asked for information regarding the manager. Ms. Huang Stated that she would the manager. Murray Asked Ms. Huang to state her background. Ms. Huang Answered that she is a full-time cosmetologist and works in the salon full-time; she will alternate her hours when the spa opens in order to provide coverage. Murray Asked Ms. Huang to state which cities she has worked in. Ms. Huang Stated she has worked in the industry for nine years in Roland Heights. Puckett Asked if Ms. Li and Ms. Huang are related. Ms. Li Answered in the negative. Puckett Asked if the applicant had anything to add. Ms. Huang Stated that it is Ms. Li's intention to prevent any misuse of this property and to provide a stress -relief environment. 7:43 p.m. The Public Hearing closed. Thompson Recapitulated the following open issues that needed to be considered during discussion: • Light/landscaping; recommendations from staff and the Police Department addressing these issues • Separation of the facilities concerning the sexes • Better input from the Chamber • Outreach to the residential neighbors Added that he would be inclined to continue this item to allow time for staff to address these issues. Minutes — Planning Commission October 28, 2008 — Page 6 Murray Stated his concurrence with the concerns stated by Commissioner Thompson. Kozak Agreed with the above comments; the property owner needs to get involved because some of the issues are not the tenant's responsibility; Condition 2.2 should be amended per his request above. Kasalek Asked if the police have routine monitoring of these uses. Lewis Answered in the affirmative; and, added there is a very aggressive team that monitors all such locations and the various advertising outlets that may be used. Puckett Stated he agreed that the item should be continued and requested a motion to do so. It was moved by Murray, seconded by Thompson, to continue this item to the next Planning Commission meeting, Wednesday, November 12, 2008. Kozak Asked if the two-week period would allow staff enough time to accomplish the Commission's requests for modifications. Director Responded that the next meeting of the Commission would be acceptable. Adopted Resolution 3. REVOCATION OF CONDITIONAL USE PERMIT 98-029 AND No. 4103, with one LIVE ENTERTAINMENT PERMIT AT 14131 RED HILL modification, AVENUE IN THE RETAIL COMMERCIAL DISTRICT (C-1) recommending ZONING DISTRICT. revocation RECOMMENDATION: That the Planning Commission adopt Resolution No. 4103 recommending that the City Council revoke Conditional Use Permit 98-029 7:51 p.m. The Public Hearing opened. Thomas Presented the staff report. Thompson Referred to the fines assessed; and, asked for the amount required to be paid by this applicant. Thomas Indicated there was a settlement with Mr. Smith in the amount of $4,200; the total assessment exceeds $25,000. Minutes — Planning Commission October 28, 2008 — Page 7 Director Provided further clarification that staff intended to proceed with the revocation at that point; the stipulated agreement required the payment of half the enforcement cost; because the business was being sold, the City agreed not to proceed with the revocation at that time if the sale proceeded and the new owner would comply with the conditions of approval; there are no fines or fees outstanding at this point; the purpose of the dollar amount shown was to indicate the actual cost the City has incurred to date since 2005, regardless of whether or not any reimbursement was received. Thompson Stated that he trusts there is a mechanism for recovery of those fees should there be some sort of further due process. Director Replied that would require due process before the Planning Commission and the City Council for any reimbursement to occur. Thompson Asked for clarification regarding the role of the Alcoholic Beverage Control (ABC) in this situation. Kendig Answered that ABC and the City have a regulatory role; the City issues the conditional use permit; ABC issues the 47 permit. Thompson Asked if ABC relies on the City for due process or ABC is also processing some extermination of permits. Director Stated that staff had a discussion with ABC staff and were advised that there is a transfer pending; staff advised ABC staff of this revocation hearing, making it clear that the Planning Commission is only a recommendation body to the City Council; ABC staff asked what the timeframe might be because a determination needs to be made by them whether or not to approve the transfer within a certain amount of time; it was made clear that, at this time, there is a valid conditional use permit; ABC staff is inclined to approve the transfer based on the permit being in effect; staff informed ABC staff that the floor plan for a different use than the one for the original condition use permit would require a different consideration and/or approval; ABC staff had not been made aware of that; ABC staff is waiting for the outcome of this revocation in order to determine on what to base their approval; if the City had never granted an approval and someone went before the Department of ABC to request a license, ABC would ask whether or not an approval use existed; if the City signed off on it, ABC would grant a license; since a conditional use permit has been granted, everything is in motion; if the ABC license is transferred, it is likely the Department of Alcoholic Beverage Control will not revoke the license. Thompson Questioned whether ABC would take action despite the concerns and the volume of violations. Minutes — Planning Commission October 28, 2008 — Page 8 Director Stated that there is a possibility that, if the conditional use permit is revoked, ABC will not transfer the license; however, if there is a valid conditional use permit, the Department of ABC will likely transfer the license. Thompson Referred to the thoroughness of the report; and, asked why it would take so long to process a revocation. Director Replied that with the conditional use permit the property owner/ business owner have a property right; staff attempts to give individuals every opportunity to comply with the law and the conditional use permit property rights that have been granted to them; all City staff believed that the last business owner would comply with the conditional use permit; several hours were spent going over the conditions of approval, asking if there were any questions or concerns with implementing any of the conditions of approval, and were assured there would not be; staff believed that business owner would thrive and be a welcome addition to the business community; unfortunately, that was not the case. Murray Complimented staff for the compilation of the detailed report; it seems the business owner had every opportunity to comply with the law; perhaps Code Enforcement and Public Safety could provide further information and opinion regarding this location. Steen Stated that he spent a great deal of time documenting the violations and putting together the investigative report before the Commission; staff had every reason to hope the business owner would have a legitimate business and prosper in the City; as the evidence shows, that did not happen. Murray Asked if it was his professional opinion that the owner was provided every opportunity for these conditions to be corrected. Steen Answered in the affirmative. Margulies Stated that he has been a Tustin Police Officer was 18 years; he is the administrative assistant to the South Area Commander, Lieutenant Charlie Celano; at an early meeting with these new owners, all the law enforcement concerns were discussed and the new owners provided reassurance that things would be different; that has not been the case; the statistics show that the amount of hours spent in relation to this business are enormous. Added that the ABC investigators are sworn police officers; they are undercover and operate along with the City's undercover operatives. Murray Asked if there are other similar establishments in the City. Minutes — Planning Commission October 28, 2008 — Page 9 Margulies Responded there are none that are pure nightclub operations with no restaurant facilities. Thompson Referred to the graph presented in the staff report; and, asked what the nature might be of the difference in these establishments. Margulies Indicated that any establishment that serves alcohol has the potential for police involvement; with an establishment whose income is based solely of the sale of alcohol, there are more problems; the other establishments on the graph as bona fide restaurants that serve alcohol; the more serious problem stems not just from the number of calls but also the nature of the incidents and the number of officers required to respond, officers that may be needed elsewhere in the City. Murray Suggested that this is a quality -of -life issue and has citywide impacts. Margulies Concurred with that suggestion; and, stated that often calls come from the neighboring apartment building whose upstairs residents look down on the location and are often disturbed by questionable activities in the parking lot. Puckett Invited the applicant to speak. Charles Farano, Stated that he had very little time to review the document presented applicant's attorney this evening; much of the information was based on a time period that preceded his client's business operation; there were problems with the prior owner that should not be attributed to the most recent owner, Matt Huston; the primary use was as a restaurant; due to the lack of time to prepare for this hearing, he respectfully requested a continuation of the item. Kasalek Referred to Mr. Farano's mentioning that the primary focus of this business was a restaurant, not a bar; and asked if he had an answer for all of the flyers that refer to activities that are not related to serving restaurant guests. Mr. Farano Indicated that he would need to find out when those flyers were posted; he had no answers or excuses for the activities that were occurring outside the parameters of the conditions of approval; there were occasions when third parties sponsored and advertised events at the restaurant; Mr. Huston generally closed when he was required to under the terms of the conditional use permit. Kasalek Pointed out that many of the offenses clearly were presented under Roderick's, such as one advertised for Saturday, June 14, 2008. Minutes — Planning Commission October 28, 2008 — Page 10 Mr. Farano Stated that, in looking at the report, it would be incumbent upon the Commission to present an accurate picture; any references to events before Mr. Huston's ownership should be eliminated; it is important to know what percentage of the violations involved Mr. Huston's restaurant; the accuracy of the graph representing similar uses should be more closely investigated, especially regarding the dates. Kasalek Noted that there is much more. involved in the revocation than just the police activity; the flyers represent violations regardless of what the police involvement might have been; Mr. Huston was responsible and the owner should have known what activities were taking place. Mr. Farano Agreed that was true; added that Mr. Huston should have an adequate opportunity to respond to the report; adequate notice was not provided for him to do that. Kozak Directed Mr. Farano's attention to Attachment F of the staff report that contains an investigative report; if one draws a line above the date Mr. Huston assumed ownership, there are multiple occurrences below that line of functions that did not comply with the conditional use permit; this clearly suggests the events did not promote the betterment of the community and clearly shows disregard for the rules and regulations imposed on this permit; revocation is not taken lightly by the City; it is important to stick to the facts; there is no reason to continue this item. Murray Added that the record speaks for itself; the documentation provides the information required to make an appropriate decision. Thompson Noted that this is something that deserves detailed attention; and, asked for clarification regarding the February 2006 date as to whether that was the time of transfer of the business. Mr. Farano Answered in the affirmative; that was also the approximate time of a settlement by and between the old owner, Fitzgerald; the new owner, Huston; and the City. Matthew Huston, Stated that he is a businessman who tried to open a restaurant in the Roderick's owner City of Tustin; he opened his restaurant October 16, 2006; he invested approximately $50,000 to upgrade the equipment, hire an Executive Chef, etc.; he received this packet of information this evening; 75 to 80 percent of the information relates to the former owner; he was nominated for Business of the Year in 2007; he supported Miss Tustin and was a Chamber member; he held Tustin charity poker tournaments two years in a row for Miss Tustin; he hosted Chamber of Commerce luncheons, Tustin Lions' luncheons, etc.; one month after he closed the restaurant and two weeks before he was to close escrow, this revocation happens; he questions Minutes — Planning Commission October 28, 2008 — Page 11 whether he is being evaluated on his merits, as the massage use would be. Thompson Stated that he was attempting to follow the suggestion of Mr. Huston's attorney to separate the past from the current; if July was the date of transfer, the first 14 attachments relate to the past; the remaining 24 attachments relate to Roderick's. Mr. Huston Interrupted to state he had every right to a DJ and dancing under the terms of the conditional use permit and his entertainment license; he did not begin the dancing until more than a year after he opened; he could not make it as a dinner house. Thompson Stated that most of the attachments relate to the present; it was represented earlier in the staff report that what defines a bar versus a restaurant is the requirement that more than 50 percent of the revenue be from the restaurant. Mr. Huston Indicated that the split has to be 50/50, not only with the City but also ABC; he was audited twice; his CPA, who works for the City of Tustin, audited his books and sent both audits to the Planning Commission [sic]; both met those standards. Thompson Indicated that the audits were inadequate due to no backup being provided. Mr. Huston Restated his CPA sent the letter. Thompson Suggested that a letter identifying revenues is not backup. Mr. Huston Insisted that staff had not provided him with any feedback related to the inadequacy of his audit report. Thompson Asked if Mr. Huston was . made aware of the prior difficulties and challenges of this site. Mr. Huston Answered in the affirmative. Thompson Suggested, contrary to claim by the the applicant and his attorney, that most of the elements contained in the exhibits had been seen before; many of those documents were letters written directly to Mr. Huston or his attorney. Mr. Huston Indicated that was incorrect; the problems about which he was notified were that Mr. Fitzgerald was not serving food at all, and the City was planning to revoke his conditional use permit because he made no attempt to serve food; he also did not supply financials to the City. Minutes — Planning Commission October 28, 2008 — Page 12 Thompson Noted the point he was trying to make was that it was stated Mr. Huston had not seen the information before although most of the letters were addressed to him; and, questioned whether or not he had in fact not received the letters. Mr. Huston Stated that the only communication he received was from Mr. Steen regarding signs, banners, and "No Loitering" signs; whenever he was told this by Mr. Steen, he took care of the problem; when he received the letter regarding the financial report for an audit, he volunteered to print the information from his computer, provide it to a CPA that works for the City, and he would get the audit to the City; he got to know many police officers when he first opened, because they were accustomed to the activity at Fitz's; they always told him he had no problems similar to Fitz's; he closed the restaurant almost two months ago; the police were called out fewer than five times; if they chose to put him under surveillance, he would like to see those complaints requiring so much police time. Thompson Suggested that Mr. Huston's response indicated he had received the letters; he may have taken some actions; in any case, he did receive the letters. Mr. Huston Asked for clarification. Thompson Referred to the July 21, 2006, letter. Mr. Huston Stated he opened October 2006. Thompson Indicated he understood, but Mr. Huston was the owner. Teresa Huston, wife Stated they did not transfer ownership until August 2006. of Matthew Huston Thompson Noted that was the third date he has heard: February from Mr. Farano, July from Mr. Huston, and now August from Mrs. Huston. Mrs. Huston Stated the transfer took place in August 2006; the restaurant officially opened for business October 16, 2006; regarding the letters referred to by Commissioner Thompson requesting that an audit take place: those were responded to by Larry Friend, their CPA; those letters were then sent to the City; whenever the City contacted them, it was both at the restaurant and their home; they only found out about the other violations through their buyer; they have been closed since the last week of August or first week of September 2008; they have been in escrow; everything was being transferred; the buyer went to the Planning Commission [sic] to speak with them; he was told that the Hustons were in violation; he then called escrow with that information; the escrow officer called the Hustons; they indicated they did not Minutes — Planning Commission October 28, 2008 — Page 13 know what he was talking about; if the Planning Commission wants to talk about the due process of law, perhaps the Hustons should have had a fair amount of time to correct these problems; no one ever told them the audit was unacceptable; the Hustons were, in fact, operating as a restaurant in a beautiful dinner house; many of the people in attendance ate at Roderick's; the 2007 ManNVoman of the Year celebrated at Roderick's; Councilman Bone visited their restaurant every week; the Hustons could bring other people in to verify they operated as a restaurant. Kasalek Asked the Hustons if they were aware of the promoter of the various events showing MySpace ads indicating the closing time was 2:00 a.m. Mr. Huston Answered in the affirmative; whenever someone wished to have a private party, he insisted that a buffet be included, although the restaurant was not open for regular dinner items; there were occasions where he stayed open up to an hour later than allowed; he had to do that to survive; he did not have the types of problems that existed at Fitz's; to revoke the conditional use permit after he has been closed and when new owners want to take over is wrong. Larry Smith, the Stated that Mr. Huston was his tenant; if there had been any property owner notification to Mr. Smith of these problems, he would have been down there to confer with Mr. Huston and his wife to correct these problems; the first paperwork he received was the staff report this weekend; no prior communication was received by him; some of the locations referred to in the graph had fewer calls because they were closed. Puckett Referred to a letter dated September 18, 2006, to Larry R. Smith with the subject line: "violations of conditional use permit." Mr. Smith Indicated that letter was in reference to Fitz's; once Mr. Huston took possession and opened for business, not a single document was received addressed to him before the packet over the weekend; if the conditional use permit is cancelled, he will not be able to apply for a new one for a year, resulting in a blight on the City; the building had been boarded up for a number of years before he purchased and renovated it; the building was in terrible shape. Mr. Farano Reiterated that the only appropriate use for this building is a restaurant; the revocation of this conditional use permit will result in worse problems than exist now; he urged the Planning Commission to consider some action that would not prohibit a restaurant use. 9:21 p.m. The Public Hearing closed. Minutes — Planning Commission October 28, 2008 — Page 14 Thompson Stated that revoking a conditional use permit is a very serious matter; he appreciates the sensitive balance between a family's income and the responsibilities of compliance; Condition 1.8 shows dates of 2005 that perhaps should have been 2008; the presentation provided should be made a part of the staff report to Council; Mr. Farano's comment regarding a distinction between the past and present activity should be considered; there are strong reasons for a reach back into the past to the prior business; the report states that; there is a tendency to make promises and then not deliver; Attachment 9 in a letter to Mr. Farano, May 6, 2006, contains information regarding prior violations; a letter dated May 3, 2006, from the Director, clearly states that certain activities would not be countenanced but aggressively pursued; the documentation proves the ongoing nature of the violations; it is with regret that he must support the recommendation for revocation of the conditional use permit. Murray Indicated that Commissioner Thompson summed up Commissioner Murray's concerns and thoughts; it is important to separate some of the issues from the past from the present issues;, the historical perspective has substance; the Planning Commission would be negligent in ignoring the repetitive violations; the Planning Commission exists to promote business, but the aim is to address the issues for the community; based upon the information presented and staff's recommendation, he supports revocation of the conditional use permit. Kozak Reiterated that the process is not a casual exercise; he appreciates the comments of staff, the applicant, property owner, and the operator's attorney; he has separated the facts between the past and present operators; his decision is based on current facts and events; promises and representations .were made and not kept; the body of evidence is overwhelming for the revocation of the conditional use permit. Kasalek Asked for clarification from Lt. Lewis whether or not the owners are notified when such violations occur. Lt. Lewis Answered that the notification depends upon the situation; multiple surveillance operations took place; he was not privy to the overall tactics or goal; the Police Department might have been building information to perhaps present to ABC or staff to devise a game plan to address the problem. Director Added that, once the Community Development Department was notified that the conditions were being violated, Code Enforcement began building a case, because it did not appear this was going to be a legitimate operation; there were complaints from residents that the business operations were being conducted more like a club or bar Minutes — Planning Commission October 28, 2008 — Page 15 than a restaurant facility; per the settlement agreement, Mr. Smith and Mr. Farano told staff the conditions of approval would be complied with; once staff discovered there was no backup to the audit requests, it was determined to be functioning as a club, not a restaurant. Kasalek Questioned whether the contacts with the attorney and the owner were consistent from the beginning. Director Replied that the contacts began with Mr. Fitzgerald, Mr. Smith, and Mr Farano; when the permit transferred, staff met with Mr. Huston, Mr. Smith, and Mr. Farano. Kasalek Indicated she was somewhat concerned that the City perhaps had not communicated as much as it should have; the total change in the operation from a good restaurant to promoters remains her concern; adjacent to that property is a two-story apartment building with families, a market, and people coming and going, which makes this a poor choice on Mr. Huston's part; this violated the conditional use permit; there were too many violations reported that were unacceptable, making her support for revocation the only choice. Puckett Stated that, during his years on the Planning Commission and City Council during the 1980s and nearly four years this time around, this is probably the most difficult decision he has been faced with; he was at the grand opening of Roderick's, had dinner upstairs with another couple, the food was wonderful, the Hustons were great host and hostess; he was pulling for their success; later it became apparent the nature of the restaurant had changed with the dancing in the lobby; it was no longer conducive to the family atmosphere he was looking for; given everything that has been said and staffs presentation, he supports the recommendation to City Council for revocation of the conditional use permit; it will be the Council's decision; the property owner and business owner should have ample time to prepare for that hearing. Thompson Moved adoption of Resolution No. 4103 with special consideration for processing a new conditional use permit through the system based upon current economic challenges. Kozak Stated he would second the motion for discussion. Kendig Stated there were items to be identified before the final vote as follows: The table on pages 8 and 9 of the staff report identifies dates of violation; for all but the first, there are dates in 2008; the Commission should determine whether or not to include or delete Condition 1.8 in Resolution No. 4103. Minutes — Planning Commission October 28, 2008 — Page 16 Thompson Referred back to his comment regarding whether or not those were typographical errors on some of those dates. Thomas Clarified that the violation dates of 9-18-06, 3-30-06, 11-1-06; ;and 2- 17-06 were addressed to Fitz's; the Exhibits would be 5, 8, 15, and 16. Thompson Asked for verification that all the dates were accurate. Thomas Responded that the dates are as stated above. Puckett Questioned whether there are dates that need to be included that took place after [the Hustons took over]. Kendig Indicated he was not suggesting the dates be changed; he was suggesting the Commission needed to consider whether Condition 1.8 had been violated; if not, that condition should be removed from the resolution. Thompson Referred to several letters that were sent in 2008 requesting financial audits for which backup was not sent although a letter was sent; and, asked if Mr. Kendig was offering an opinion. Kendig Answered that he was no opining; he was raising the question: if what was received was adequate, then arguably there was not a violation of Condition 1.8. Puckett Suggested that since there were no specific dates listed after the time of the transfer, it probably would be a good idea to delete that condition. Murray Concurred with that suggestion. Kendig Stated the motion should be modified to indicate that, if staff believes there is additional information in support of that condition, that information may be brought to the City Council when the applicant would have a thorough opportunity to respond. Thompson Amended the motion to include the deletion of Condition 1.8. Motion carried 5-0. REGULAR BUSINESS Adopted Resolution 4. DESIGN REVIEW 08-001 (CONDITION AMENDMENT) A No. 4102, denying the REQUEST TO WAIVE CITY ELECTRICAL CODE SECTION request 8402(A) AND MODIFICATION OF CONDITION 3.14(A) OF DESIGN REVIEW 08-001, WHICH REQUIRES THAT ALL UTILITY LINES MUST BE UNDERGROUND IN Minutes — Planning Commission October 28, 2008 — Page 17 9:45 p.m. Tieu ASSOCIATION WITH THE RECONSTRUCTION OF A NEW 1,811 SQUARE FOOT RESTAURANT. THIS PROJECT IS LOCATED AT 1022 EAST FIRST STREET IN THE RETAIL COMMERCIAL ZONING DISTRICT (C-1). RECOMMENDATION: That the Planning commission adopt Resolution No. 4102 denying a waiver request of Tustin City Code 8402(a) and Condition 3.14(a) of Design Review 08-001. The Public Hearing opened. Presented the staff report. Kasalek Asked why the third utility pole (the liquor store) is involved in this, whether KFC was giving power to that pole, and whether an independent engineer has been able to offer alternatives to that pole being taken down; she was confused by the reference to a second underground transformer on the KFC site and the possible loss of a parking place. Director Stated that staff met with SCE and believed that there might be alternatives and options available; however, few options seemed available unless Chipotle, KFC, and the liquor store wanted to bear equal burden of the costs; it did not appear the utility provider was willing to provide any of the services. Kasalek Indicated that she assumed that the utility provider would step forward since the utility pays for a lot of the required pulling of wires, etc. Director Suggested in the affirmative. Kasalek Stated she is trying to find a way that the third pole does not become the sole burden of KFC. Director Indicated the third pole is different from the other two. Murray Asked for confirmation that SCE installed the pole for Chipotle without consent of the City. Tieu Answered in the affirmative. Murray Suggested that it would be in their best interests to correct both problems simultaneously and have combined collaborative efforts to mitigate the situation. Minutes — Planning Commission October 28, 2008 — Page 18 Director Answered in the affirmative. Kasalek Reiterated her question regarding an independent analysis by an electrical engineering firm had been done. Director Responded in the negative. Thompson Asked if there have been any reports from SCE representing the costs or possible solution. Director Suggested the Commission might want to address that question to the SCE representative; the dollar amount expressed to staff was about $70,000. Thompson Asked what Chipotle's reaction or response has been to the violation. Director Indicated that Chipotle has not responded. Kasalek Asked if anyone had been in touch with the medical building that needs the 120/240 power and whether or not that is actually required since 120/208 is often sufficient. Director Stated she is not aware of anyone contacting them; however, the service being provided to the medical facility is not necessarily desirable in the manner it is being provided; it may, in fact, be non- conforming; this might be an opportunity for the . utility provider to establish a conforming method of service to that facility. Kasalek Mentioned the possibility of losing two parking places. Director Stated that parking was one of the issues that came up with Chipotle; SCE decided to put a pole on the site so that a space would not be lost; for that site, there was never supposed to be an aboveground facility; the site was to receive the service from an underground facility off-site; no parking space would ever have been lost; that is also true for the KFC site; if it is on-site, there are drive aisles, landscaped areas, and other places and opportunities where a facility can be located below ground. Thompson Asked if the underground as discussed is more costly. Director Answered in the affirmative. Steve Jordan, Stated that the letter from Mark Raber contained in the staff report Tarlos & Associates aptly outlined the request for a waiver; the original request was made on January 8, 2008, with the understanding that, because of the amount of work being done with KFC, the request would not have to go before the Planning Commission for approval but would be done Minutes — Planning Commission October 28, 2008 — Page 19 on the staff level; it took five months to get the conditions of approval; the discussion regarding that particular item has been going on since June 11 when the conditions of approval were received. Presented to the Planning Commission an e-mail (incorporated herein by reference) not contained in the packet that was sent to Justina Willkom on August 5, 2008; this page and a half outlines the issues that SCE had with this particular project and how the electrical service is distributed along with property line; this overhead electrical service is at the back of the property between two commercial properties; the Chipotle restaurant is the end of the line; the line continues east behind the KFC and liquor store, across the parking lot for the medical building, behind that property and north and south down to Bryan and behind the Albertsons store on First Street at which point the overhead line drops to a transformer that feeds Albertsons. Added this type of line is typically at the back, not on the street, is visible and has power poles with transformers mounted on the pole. Indicated that the services in the back include two services to the medical building, one off the liquor store pole and another off the KFC pole; that may be the reason it is a non -conforming installation; perhaps the SCE representative can comment in that regard. Stated that the power pole at the liquor store serves the primary overhead power into the Chipotle pole and is referred to as a dip conduit which comes down the pole and goes underground to the building; that is what is installed at Chipolte; there are no overhead wires to the building; KFC does have overhead wires that feed the current building; with the new construction, conduit would be put down the pool and underground to the building. Regarding the Electrical Code referred to in the staff report, it states "provide direct service to the property being developed"; the intention is that the direct service is the power that comes down the pole in the conduit and underground to the building, and not the overhead primary wires that run across the property; the contention is that the power is being undergrounded as stated. Referred to the fact that Chipotle was before the Planning Commission two years or so years ago for the conditional use permit which was granted; documents were submitted with exhibits that showed the site plan and design; that project, as submitted, did not include a power pole; no conditions were provided to underground the electrical because it was not shown on the plan; when it was constructed, it was determined that a power pole was necessary, was installed, the service run down the pole, underground, and into the building; the Building Division had to see if the site was in Minutes — Planning Commission October 28, 2008 — Page 20 conformance with the approved documents, and the Certificate of Occupancy was approved with the pole. Noted that there is an option to underground to Chipotle and the new KFC which would require connecting to an underground vault that is in the intersection of First Street and Newport and setting a box with a transformer on the back corner between the two properties with an easement for the electrical line; the issue is that the pole that exists on the KFC property could not go away because it services the building behind it; the transformer that could be installed would not be able to service the medical building to the south; the pole that everyone is talking about eliminating could not be eliminated until the medical building decides to do something or the liquor store goes away. Stated that to deny KFC's request is unfair and inconsistent with what has been happening on these properties. Kozak Referred to the option referred to involving the connection to the First and Newport vault; stated that it occurred to him that the pole on the liquor store site also serves the medical building; and, asked if it would be feasible to consider the pole at the liquor store to provide both services or in some other comprehensive way provide the best available service to the medical building. Mr. Jordan Indicated he could not answer that; he is not an electrical engineer; there are three transformers on the pole that serves Chipotle, three on the pole that serves KFC, and only one transformer on the pole that serves the liquor store and medical building; SCE could possibly change the service provided to both of those buildings. Kozak Stated that it seems that all the entities need to get together with SCE and find a solution to the problem. Thompson Referred to the photographs from the staff report; and, asked what the proposed $70,000 undergrounding represents in the terms of the photographs. Bob Stiens, Southern Stated that he is not the technical expert; that was a very rough California Edison estimate of the cost for the developer to do the trenching and put in the conduit to come off a vault at approximately First and Newport to the back of the property where a transformer could be installed. Thompson Suggested the pole in question entered into the picture contrary to the conditions of approval and got passed and has now been brought to the attention of Chipotle; though that may be an issue in this scenario, it is not a requirement of KFC to deal with that issue; the pole served by SCE does more than service KFC. Minutesm- Planning Commission October 28, 2008 — Page 21 Mr. Stiens Stated that was correct. Mr. Jordan Added that it is also a continuation of the service to the Chipotle pole; it that pole goes down, there will be an impact on Chipotle. Thompson Stated he understands that overhead lines are a blight and the reason for the conditioning is to try to slowly eliminate them; it cannot be the burden of one property to fix everything in the area; the question is how to get the transformers underground if the pole cannot go away; he believes the Chipotle question needs to be resolved between SCE and Chipotle and is not something for the Planning Commission to consider; the applicant understands that the overhead lines will go away and the transformers undergrounded. Asked how much it would cost to underground those transformers. Mr. Stiens Indicated that there might be an initial cost to the restaurant but over time that cost could be refunded through allowances; the cost is based on usages and allowances; a service can be designed that would serve both an underground service to both KFC and Chipotle; the City, SCE, Chipotle, and KFC can get together and work this out; SCE cannot force the medical building to reconfigure their electric service; if that building were to be remodeled, the City could put those conditions on the medical building. Kozak Restated what he suggested regarding the feasibility of moving the transformer that currently exists on the KFC pole that serves the medical building to look at the possibility of putting those transformers on another existing pole. Mr. Stiens Responded that he would need to check, but he believes that the transformers on the pole are only serving KFC; the service to the medical building is being fed off the transformer behind the liquor store. Kasalek Questioned what the problem would be if that is the case. Mr. Stiens Replied that the Public Utilities Code, which governs SCE, sets the safety standards; it has to do with a line crossing the roofs and a walkway; the lines would not be high enough to be above what is considered a walkable surface. Thompson Stated that it is understood that the lines that drape across need to go underground; the expectation is that those transformers would be underground so that the only function of that pole would be to receive the lines and drop the service underground; going to that other pole farther back on the left would require the applicant to go off the property, under the wall that is not theirs, and would present a Minutes — Planning Commission October 28, 2008 — Page 22 hardship; perhaps the better solution would be to put those transformers underground, receive the lines, and everything after that goes off to the right would involve a mutual resolution among SCE, Chipotle, and KFC and to work out what those numbers are; if there is still a hardship, that would have to be brought back to the Commission for a better understanding of the details; it needs to be clarified what goes away and what remains. Director Added that during the discussion staff held with SCE, it was identified that that pole would need to remain to provide service to the medical building; it does not need to be there for the benefit of KFC; in staff's recommendation that the utilities be provided underground and not on that pole and KFC were able to work things out with Chipotle, the pole would still remain; SCE indicated that they might be able to remove the top half of the pole; staff has looked into other issues that would allow the wires to be moved to the pole that serves the liquor store if SCE would be willing to do that; the easements already exist. Mr. Jordan Stated that he would like to change the wording from underground to a pad -mounted transformer; in a situation like this transformers would not typically be put into an underground vault. Director Indicated it was staff's intention that the pole not be used for the KFC facility; Chipotle and KFC would need to be on separate underground transformers. Mr. Jordan Restated that it would not be an underground transformer but a pad - mounted transformer. Director Indicated that staff could look at what is being proposed to determine if it can be effectively screened; the current Code requires that all utilities be underground. Mr. Stiens Suggested that there would seem to be a way to underground both the KFC and Chipotle, either with a pad -mounted transformer or, if required, an underground; there are many methods of screening pad - mounted transformers; the pole would have to remain, although a portion of the top could be removed. Murray Stated that there seems to be some opportunity for collaboration; and suggested that this item be deferred to allow appropriate time for things to be worked out. Puckett Indicated that it might better to approve the resolution denying the request with the stipulation that everyone get together and reach a solution. Minutes — Planning Commission October 28, 2008 — Page 23 Director Indicated that the recommendation is to approve staff's recommendation. Zorah Hamedany, Pointed out that the expert, Jill Bowers, did very detailed research KFC representative regarding how the poles are mounted and who is served from each pole and what options are available; her conclusion was that the design option that would be most favorable to Edison would be to leave all the overhead poles as they are and to underground the transformer bank on the pole that serves KFC; a $70,000 amount assessed to KFC might kill the project; this issue has been holding up the project for quite some time and is becoming a hardship on KFC. Thompson Asked how long the construction is expected to take. Ms. Hamedany Replied that the actual time of construction is about 90 days. 10:34 p.m. The Public Hearing closed. Thompson Thanked the applicant for waiting through the prior business of the Commission. Stated he would like to propose something different from what has been proposed by staff as follows: • Allow a delay in this requirement • That effective resolution between the parties be brought to the table to resolve the undergrounding business and fees and to do that within 30 days • If a resolution cannot be made, a sufficient deposit be made for the appropriate portion of the fare share among KFC, Chipotle, and SCE. Murray Indicated his concern is setting a precedent; and, stated his desire that the Commission follow staffs recommendation. Kozak Indicated he understands the need to move forward; it is desired that pole blight be removed; the parties should be allowed to get together and reach a compromise and perhaps bring that back to the Commission. Kasalek Agreed that the KFC project should be allowed to move ahead, but it is her understanding that KFC needs to be know what the cost will be before moving forward; allowing a 30 -day delay may not take away those cost concerns; ideally, she would like to see the poles gone. Puckett Stated that he wants to see that new KFC facility but is in agreement with staff that the waiver should be denied and the parties be allowed to get together and find a way to reach the desired results. Minutes — Planning Commission October 28, 2008 — Page 24 It was moved by Murray, seconded by Kozak, to adopt Resolution No. 4102. The motion carried 3-2; Kasalek and Thompson voted no. STAFF CONCERNS 5. REPORT OF ACTIONS TAKEN AT THE OCTOBER 7, 2008, CITY COUNCIL MEETING. Director reported The City Council awarded the graffiti removal contract to Graffiti Control Systems, the same company that has been removing graffiti in Tustin for several years. COMMISSION CONCERNS Thompson Stated that he attended the Planners Forum; the organization and information were excellent; he appreciated the involvement of City staff: kudos for a job well done. Indicated that on October 17, he attended the BIA installation dinner for officers for the coming year. Added that on October 22, he attended the City Council debate and was impressed. Murray Reported that he was happy to see Tustin included in the newspaper article referring to cities that are delaying development fees in order to provide some relief during these economic times. Noted that the kitchen at the Senior Center has reopened. Reminded everyone that the Thanksgiving Breakfast takes place November 20. Stated he attended the Total Wine ribbon -cutting and was very impressed with that facility. Kasalek Reminded everyone that the Dinosaur Dash is this weekend; she is on the committee and knows the event is for a good cause. Kozak Stated that he attended the Old Town Art Walk on October 18 and enjoyed the various mediums and artists; Chad from Parks and Recreation indicated that the programs had sold out during the first few hours. Referred to the earlier item on tonight's agenda; and, suggested that as older properties are redeveloped every effort should be made to interconnect, make communities more pedestrian friendly, and make Minutes — Planning Commission October 28, 2008 — Page 25 every attempt to improve the traffic flow; in other words, modernization should be the goal. Reminded everyone to vote on November 4. Puckett Stated that he also attended the City Council debate and was impressed with the candidates; a straw poll was taken that indicated former Chair Nielsen was the top vote -getter. Thanked Chair Pro Tem Kozak for standing in for him during the October 14 Planning Commission meeting while Chair Puckett was enjoying a deep dish pizza in Chicago. Indicated that he also attended the Planners Forum and thought the various presentations were excellent. Noted that he attended the Total Wine ribbon -cutting and was happy to report that a $10,000 donation was presented by Total Wine to the Tustin Community Foundation. Asked staff whether any progress is being made regarding the code enforcement issues at the Post Office Director Explained that Chair Pro Tem Kozak had requested the information left at the dais; and, added that only minor improvements have been made at this point. Thompson Indicated he noticed the landscaping has been ripped out. Kozak Stated that he had overlooked two comments: 1) thanked staff for the items on tonight's agenda; the Roderick's report was accurate, thorough, and complete; and, 2) thanked staff for their involvement in the Planners Forum. Noted that the appearance of the Post Office has been a concern of his for quite some time; and, thanked the Director for providing the letter and attachments. 10:55 p.m. ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Wednesday, November 12, 2008, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. 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ATTACHMENT RESOLUTION NO. 08-80 RESOLUTION NO. 08-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, REVOKING 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 City Council does hereby resolve as follows: The City Council 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. Therefore, proceedings to revoke Conditional Use Permit 98-029 were initiated. An Investigative Report was prepared and is attached in Exhibit A of Resolution No. 4103 and Resolution No. 08-80. 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, 2. If the following finding is made: The continuance of the use would be detrimental to the health, safety, morals, comfort, and general welfare Resolution No. 08-80 Page 2 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 approved 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 (License Type 47) and the Live Entertainment Permit in conjunction with a restaurant located at 14131 Red Hill Avenue. That the City Council has considered the matter and made the following findings based on the evidence as described in the staff report dated November 18, 2008, and attachments thereto, including the Investigative Report in Exhibit A of Resolution No. 08-80. The City Council 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 Conditional Use Permit 98-029 and continuance of the use would constitute a Resolution No. 08-80 Page 3 detriment to the health, safety, and general welfare of nearby residences, businesses, and the community. As shown in the Investigative Report in Exhibit A of Resolution No. 08-80, regardless of ownership, business name or 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 State law. 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. 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. When Mr. Huston was informed of the conditions of approval prior to taking over the business (meeting held on July 21, 2006 and in letter from staff on July 21, 2006), he was informed of all conditions including 1.8. A letter dated December 4, 2006 was submitted with the appropriate gross sales and schedule, however, every instance thereafter, the appropriate documentation was not submitted. Staff notified Mr. Huston on May 14, 2008, and again on June 9, 2008, of the requirement to submit gross sales statements and schedules which were overdue and incomplete. 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 Resolution No. 08-80 Page 4 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 on several separate occasions. 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, 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 officers 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. Resolution No. 08-80 Page 5 City staff provided written correspondence on at least two separate occasions to the owner informing him that operation of an all age dance club was not authorized by Conditional Use Permit 98-029 or the Live Entertainment Permit. Multiple violations of the 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. 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. 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. j. 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 Resolution No. 08-80 Page 6 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 by the business owner 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 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 No. 08-80 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 State law. 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. J. That this project is Categorically Exempt pursuant to Section 15270(b) (Article 18. Statutory Exemptions — Projects which are disapproved) of the Resolution No. 08-80 Page 7 California Environmental Quality Act (CEQA). (Guidelines for the California Environmental Quality Act). II. That the City Council held a public hearing on the revocation of Conditional Use Permit 98-029 at a duly noticed, regular meeting on November, 18, 2008. At which time, the City Council adopted Resolution No. 08-80 to revoke Conditional Use Permit 98-029, for 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 at a regular meeting of the City Council of the City of Tustin, held on the 18th day of November, 2008. Jerry Amante Mayor Pamela Stoker City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 08-80 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 of the City of Tustin is five; that the above and foregoing Resolution No. 08-80 was dulX passed and adopted at a regular meeting of the Tustin City Council, held on the 18t day of November, 2008, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Resolution No. 08-80 Page 8 Pamela Stoker, City Clerk EXHIBIT A OF RESOLUTION NO. 08-80 INVESTIGATIVE REPORT WITH EXHIBITS 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 staffs 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 & VOS-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 OOJor 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 25). 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 Exhibits Listed: Phone Number: (714) 573-3135 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 -03M & 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. xhibit Community Develop ment Departmen! Nlwffimmm� - - ---E' City of Tustin May 31 2005 300 Centennial Way Y, 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 Hili 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 Uve Entertainment Permit may 'be initiated. Furthermore, you have not maintained a current business license with the City and are therefore in violation of your Uve Entertainment Permit. if you have any questions regarding this matter please contact Senior Planner Scott Reekstin at (714) 573-3016. Sincer _ L 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 Justine Willkom, Senior Planner Scott Reekstin, Senior Planner Code Enforcement, Business License SACdd�Swtfflusiness\Bourbon Street Rues May 2005 U tter.doc Gregory Fitzgerald May 31, 2005 Page 2 bcc: William A. Huston Paul Garaven Exhibit bt Community Development Departmerit 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, E izabeth A. &nsadc 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 �_nermoz Lining uuiae -- uruted_States/C;Al1'ustin/Fitz's Pub 8t Lounge Page 1 of 3 part of the open directory project BAR / PUB / Top: United States: CA: Tusti BREWERY IRISH Description 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 (Nisson/5 Fwy) - Tustin, CA 92780 714.665.2709 Hours Sun -Thu 3pm-12am Fri -Sat 12pm-12am Web Information web gnu reservations Located next to Stater Brothers supermarket. Reviews vireewti add a lin Show 101 2Q 12Q 1 5Q reviews on each page Friendly place Food ****.#K I stopped in to check this place out and sat down in the bar area. Blgscreen plasma Service ♦rc*c*fcfC TVs, very attentive (and attractive) bartender, a few regulars watching the football Ambiance game. overall 1 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. Features English language menu private room private parties offsite catering dancing television entertainment / live music Accepts Service was prompt, and the appetizer with two Newcastles cost less than $10 -1 considered this very good value. There is a downstairs gameroom that was quite busy - the "regular" bar was quiet - ano though I didn't actually look at the upstairs "lounge", the blue-ish velvet curtains had a "seventies" look to it. Previous Incarnations of this establishment allowed smoking inside in spite of the law against it, but thankfully Fitz's doesn't seem to. There is a smoking area outside that seemed to be honored. [13 Sep 2004 18:32:231 Food: ***** Service: ***** Ambiance: ***** overall: Recommended Dishes: Irish nachos Tustin, California !.,nermoz uming uuiae -- unitra states/cAfl ustin/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, RBB, 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: '* **** Recommended Dishes: Caesar chicken salad Ambiance: ***** Overall: Review Fitz's Pub S Lounge In United_States/CA/Tustin Headline Recommended Dishes Ratings Overall* pick one Food pick on Service pick one AMbiallce pick one Reviewer Information r show my name (or nickname) with my review Name l;netmoz liuung Uuide -- Um ted States/CAlfustin/Fitz's Pub dt Lounge. Page 3 of 3 r show my e-mail address with my review E-mail 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 show my organization (or hometown) with my review Organization submit my review to Please note: this form does not send a message to the restaurant, it submits a review to the CheflUoz dining guide. required fleld Editors: i Copyright © 1999-2003 Netscape. - Last updated 23 Apr 2005 21:36:46 EDT - cdk Exhibit *. f. t3 NO SUSF{ v ffo D No ,R�OS[Lr»flIDN DEWBD D iNkkAi i 10101PORT. O COURnSY REPORT 0 'SSTICMIOL ER10B 104NATED r, r f D CON iWhAL IV CRIMI- 4 cm NOON 7 CRMEJINCIOENTTYFE ti BPeam LOCATION OF cwA 17 FPM NAME (r Iew" 14 NAME ILW RRBT. MWUI3 24 IMltbINCE AWM90 17 OOOE 0 -WM O ANT. RAST. WWLX1 44 II�BOSNCB AOOREM 47 Kamm , AWPWn 41 cm a NA1E1(LAE7. FIRM hIc" 47 REBM)B = MMU SI BAWISEE AOONIM E N NAME 0Jn nw. me" 71 NAM& CE #MOM 01.11111041311 AODIMlM 'n ucam 0 7-BTATB n j Be OOLOI aux NA i �j N D / TMERB O A•WRNEBS TO 111E CRE,IS J O 1 A SUSPECT WAS ARRESTED D ! A SUSPECT WAS NAMED O 4 A SUSPECT CAN BE LOCATED D 5 A SUSPECT CAN SE DES��CR11�� O 0 A SUSPECT` CAN BE ID@fpIFOD D 7 A SUSPECT V84 CM pIW BE IQENTIRED O B THERE A =NT1 WILE STOLEN PROPERTY D P THERE 18 A W*&F WKT, M.O. ` D 10 SgNIFICAHT PHYSICAL EVIDENCE 13 PRESOf D 11 THERE 18 A MAJOR INIURY/8D( CREEL INVOLVED O 11 THERE 18 A GOOD POSSIBILITY OP A SOLUTION - D is.FURTHER INVESTIGATION NEEDED O 14 CRIME 18 GANG RELATED D 16 HATE CRIME RELATED - ?4 REPRODUCTIVE HEALTH CRIME 18i AT SCOWL (RANG NAME 4 D NO.) %04nn IOCV 4MrM TUSTIN POLICE DEPARTMENT DACT" 4 °R' 300 CENTENNIAL WAY o susRNDEo [KO TUSTIN, CA 92780 O RECORDS -- o ^ 11-1 COURTESY 1 REIAER OMER CRIMEANCIDENT REPORT DD MIBMIS Q E� PyRI-M�ARKcoUNrt B� 10 0TIIEA OOUKTI H iNNTe 10 14 DATE 14 ar 14 7118 on • 4 WE W1 11 T" "n 21 CMTS �Iuwxfl 2Y aY � 7M! . 24 occu1RRON 2E McQL ;7 EDI O Bl RAQ 1 *"IT O 214 O 1 BLK 0 1 M 1 4IND O E CMI O 4 J" O 7 RL O 1 R 0 4 RJN, O 4 V10T 010 pp1 . 1D CRYBT11TE 21P COOP REL M1O1/ >t M: IS' ( I 14 CITY 4LITE 23r OOOE 1s 0A PNONE 44 WF. ( ) 36 OOCU1M110N 40 CLO,L 41 an 101 O 214a O 2 ELKO t M.. Ica=O. O o" 17 Ril O / R O,4PAL NBT 0/00111 M CRY B7ATB Z!r COOS A REB • M: N CITY 1 DQE ZIP am. RHOIA NA vvr 1 q 00btNM710N M OSE N BDI M RAGE O 1 WMT O 2lAa O 1 ELK O 1 M 10490 O saw O 444N O 7 R 0/ I Q• RAL, O M V,ET O to or L _ N CRY 47708 DP COOS 0 REL ►l101i 40 HT: i 1 4E DRY 7- 2r CODE in EUL P)MM W WT: ( 47 OCCUIRRON M OOi N BBX 70 RACE O 1 WMT O 2 MBR c3 1 BU( O, M 0400 O SOMI d 1 R O @AARN 0,7 RL 0 4 RJBL O 0 VAT 1310 ORS^ 7E CITY SM= ZIP cm 71 R}L RNOMt• 74 KT: ( ) >r ORY 4T41E Ira=- 77E11lRNOtO 71 WT: ( ) n boom .L 1 204-011• 40 1R1 4O VAN • 4o Rv 100 W"S" 101011 2O'OONII SOW= 70 LAM 4D Mip ARACnRAT10E A DIBrOBR10NGRV04M ~ Q 1 Pe fTi n 1.ORDER ABgV® a BCBNB my: D 17001.4 O E TOOL mmarm O 4 GLASS 2 ENTRY MADE BY: 09 O 5 PANT S NAME OF POISON SIAVIV. O B BULLET CASINO O 7 SUJET O B RAPE KNT 4. RESPONDENT 8KINATURE: O I SEMEN .3..10.0VW: _ D 11 u`A* M � D 12 NAA O 1E FNIEAPAM NAME A Rr D 14 PHOTOGRAPHS O 16 OTHER (DESCRIBE) NOTES: TOTAL LO88/ DOLLAR AMOUNT M ROVTED SY 0 WTENEDBY N PATE 100 DATE ' ADDITIONAL NAMES / LAW ENFORCEMENT PERSONNEL ONLY Ir I A- ASSISTED AT SCENE C• CRIME SCENE INVESTIGATION F- ASSIGNED FOLLOW -up OFFICER P- PERIMETER ASSIST W- WITNESS 121 IN COOS 124 FUNK 125 M7ENOY NAME TUSTIN POLICE DEPARTMENT in AGENCY AOOR CRY STATE 300 CENTENNIAL WAY 1 7 A Y PF10NE . TUSTINCA 9P780 IN CAN TESTNY TO. 120`00dk 191 PAW 172 AWKY NAME AAMMY TUSTIN POLICE DEPARTMENT ADDREBE CRY STATE L► 300 CENTENNIAL WAY 174 A Rg1N TUSTIN CA 92780 . IN CAN TEKTIFY 70: 120 cm 1 1.37 WMQA8T.FVI 125 FiAN1 139 AGENCY NAME TUSTIN POLICE DEPARTMENT I AODICY AC R to CITY STATE ZIP U1 300 CENTENNIAL WAY TUSTIN CA 92780 in CAN TESTI/Y 10 141 tq NANKt 1N AONIC►NAIK 145 RAW.9 TUSTIN POLICE DEPARTMENT 1., . I0'AGlMCYA00AffW CRY sm ap iN AGVCV, FNp! 300 CENTENNIAL WAY TUSTIN CA 92780 • 140 CANNs TEETIY T0: ,60 1 181 ,62 nAN1 14 AQENCyNAM TUSTIN POLICE DEPARTMENT 154 AO IN CSTAR ZP 1 PM !R 30000 CENTENNIAL WAY TUSTIN CA 92780 1N CAN TEEwY TO 157 000K 1 1N PAM 1N AOIENCY NAME TUSTIN POLICE DEPARTMENT • 151 ASENCYACUPKIN CRY a7Jr1E DP 1N ANENCYPNO 300 CENTENNIAL WAY TUSTIN CA 92780 1N CAN TEEM TO: • 1p COOK 1 1N RAWAGIR CY WM! to 1N ASKNCY - CI7r SEAR Z 175 CAN TE 171 I 1 177 AAlSf 171 A(#lNOY NAIN Ai. 176 AGENCY CITY BTAR ZED 1 Room ,ncm TEsn"TO: ' 1 170 was IN RAW 151 AW3 —NAME IQV• ,52 ASENC1r CRY STATE ZEN tp AGENCY F110lIE T. *0F It CIO �N C�AN.TEETIFY TO �1 in COOK 1 Wi1 1N Ptp AOENCYNAME O , N AbENCY AWFIEN CRY STATE ap 100 AG@1CY PH" 1-2112 91 CAN TEFnFY Tp 12 RE 1157 DATE 194 APPWM 5y / 10 Na 1 toy DA PAGE 71132 _ , 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 , 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 %:" X 4" card displayed on this message board. -This card had a photo of a female and read "Club Fitz, The O.G's Hottest New NightSpot, 21 And Over, $5.00 after 9:00pm, -Saturday Nights, Dress to Impress." Detective 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 and ` went undercover into Fitz's at approximately 2100 hours. Sergeant S Detective and aft and Probation Officer surveilled Fitz's front door and surrounding parking lot. Detective and 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. e 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.saw this female approach the bar and order a drink without being carded. We Midnot see 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. saw three of these girls served alcohol without being carded. When these girls left, Detective � 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 � asked to see a menu at 2230 hours. The bartender told 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 liar 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 on to 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. Detective observed 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 � 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. 1� brought another'beer onto the patio about an hour. later. On this occasion, the bouncer quickly asked 1� 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 � OffiicerOMM Officer and Officer Uftretumed to Fitz's to conduct a surveillance. and Gwent undercover into the bar. and � were in a marked patrol car parked in a remote area. Sergeant 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 appeased to be 21 years of age or over.. . spoke to the disk jockey, and wife. They told -that Mwas the disk jockey there on Saturday nights, and advertised (promoted) Saturdays at Fitz's. They gavebusiness card. On 10-13-05, took a 4"X5" card which was displayedFor people to take. This card was sim lar 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 approximately4 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 as 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 askirig 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 _ and I= to contact these subjects. for an investigation. The suspicious subject drove away and 1� and 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 collected 4. The 8 mm audio/video tape of Fitz's patio and parking lot area during the surveillance • 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) - SOURCE SOURCE LAST, FIRST, MIDDLE (FIRM. IF BUSINESS) r_. —— 1G PROPERTY REPORT 1 CR, PAGE q(ORIG 2 REFER OTTS HER REPORO O SUPP CODE: -'P -FINDER "O'■OWNER 'S'.SUSPECT VwVICTIM 'W.WITNESS SOURC LAST, FIRST, MIDDLE (FIRM, IF BUSINESS) QA 3 TYPE 4 OT1l a ARTICLE ,p o�.p 1 019, a BRAND 7 MODEL S SERIAL No"N 9 VALUE - 10 COL (s) 11 DESCRIPTION 12 PREMISE / AREA/ ROOM TAKEN FROM 14 CURRENT LOCATION 16 ADDITIONAL NOTEg / SKiNATURE FOq RELEASED 1-11-8-0URCE. REM ITEM 18 TYP E 17 CITY 11 ARTICLE 19 BRAND 20 MODEL 21 SEAUIL NoJOAN S22'I __^y 23 0 24 D RIPTION ` n PREMISE /AREA! 25 ROOM TAKEN FROM 725S0yRCE:-27 CURRENT LOCATION Za ADDfTIONAL NQ7E8 /8 RE FOR RELEABEp . ITEM NO. 29 TYPE. 1 30 CITY 131 ARTICLE % t F•o M0 T to P --)AL„ 132,6RANC 33 MODEL 34 SERIAL NOJOAN ..� 35 VALUE _ 36 COL (s) 37 DESCRIPTIONC,4 V E 6N�StV� _ W Tv 2{,�9.,-t iv I G H r S S I _ _ 38 PREM) E /AREA /ROOM TAKEN FROM 30 SOURCE 40 CURS ENT LOCATION 41 ADDITIONAL NOTES / gIpNATURE FOR RELEASED , j I - LITEM ITEM 42 TYPE 43 CITY W ARTICLE. 48 BRAND 48 MODEL 17 SERIAL NO /OAN NO. r 4a VALUE 49 COLOR(S) 50 DESCRIPTION -- D _ 51 PREMISE ! AREA / ROOM TAKEN FM -W SOURCE 53 CURRENT LOCATION 64 NOTES /S FOR RELEABEp mw ITEM 86 TYPE 58 OTY 57 ARTICLE 58 BRAND59 80 SEAL N SERIALOJOAN NaS . 81 VALUE e2 coLOR(e) e3 DEW CRIPTION 84 PFIEM=! AREA ! ROOM TAKEN FROM 0 SOURCE: 88 CURRENT LOCATION a7 ADDITIONAL NOTES / SKIIIVATURE FOR RELEASEp ITEM 1 1 . 72 7 Na . 7 T75COLORS) 78 DESCRIPTION 77 PREMISE /AREA /ROOM TAKEN FROM . 78 SOURCE 70 CURRENT LOCATION III ADDITIONAL NOTES / SIiNAiV IE FOR RELEASED REM ITEM '. 81 TYPE 82 OTY MTICLE -161—BRANID 85 86 SEAUL NO. 183 87 VAL ' as COLOR(S) 80 DESCRIPTION 90 PREMISE 1 AREA /ROOM TAKEN FROM 01 SOURCE 92 CURRENT LOCATION 93 ADDITIONAL NOTES / SIGNATURE FOR AELEASEp ITEM PROPERTY RELEASED BY APPOINTMENT ONLY: Plane refer to the be* of your prop" rscso III properly release Ini mistlon and irutructio�, ID NUMBER DATE SIGNATURE FOR RECEIPT O RECEIPT MAILED D REFUSED 16-iq.D I PG OF t/M1 AYu.F.Mr.,.. I+w... w►r� n_�y .'__ _. _._ _ �3 Aby SSM4ST p c '_fx?-t� r*•m� ����teA� _ Y�i�'2 W�?��w�Si`k7X�bL.t ..��.�.--.�'.-: -. - ., �.._ . SA • ,& THU, ' OgT 2 7., 2005, 1 :12 PM CAD Address Inquiry Agency: P Address Exact: 14131 RED HILL AV Address Range: /. Date: / Type: Sel: THU, OCT 27, 2005, 1:12 PM Odd/Ever, Count: Date Time Type NOI Dispo 1. 102j05 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 S. 100905 2007 415B PARTY/MUSIC-DIS 05 6. 100905 1545 VC VEHICLE CHECK' COMP 7. 093005 0008 415FIO FIGHT DISTU JWC Ol 8. Q 92 5 0 5 Q2,52_ 6530--, L(>!YN*IN&- - O 1 9.� o ob 11�r3w39aw bw.W* IIi- pMMXE 01 L0. 082105 2305 PBD PBD.CHECK COMP L1: 082005 1543 TS TRAFFIC STOP' DW L2. 081705 1940 PBD PBD -CHECK 01 THU, OCT 27, 2005, 1:12 PM Odd/Ever, Count: 251 Page: 1 of 21 RC/DI DI/AS AS/CC Incident 16:24 00:38 19:02 5TUO050652 00:00 00:00 99:99 5TUO050502 • STUO049714 00:00 00:00 13:40 STUO048736 24:29 01:50 03:08 STUO048273 00:00 00:00 07:30 STU004*8249 01:41 03:06 99:99 5TUO046663 08:01 02:55 99:99.STUO045848 00:30 02:52 99:99 STUO045129 00:00 00:00 03:04 STUO039861 00:00 00:00 05:32 STUO039629 00:00 00:00 17:3 6 STU0039138 D r • 14. THU, - OCT 27, 2005, 1:13 PM CAD Address Inquiry A< y: P Address Exact:: 14131 RED HILL AV Address Range: / Date: / Type: Sel: r 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 5TU0038208 00:00 00:00 34:25 STU0033168 00:52 09:57 29:57. STUO032843 00:00 00:00 02:34 STU0031650 01:11 02:24 04:15 5TU0028555 00:00 00:00'06:14 5TU0028509 00:00 00:00 24:01 5TU0028102 00:00 00:00 02:16 STU0026171 00:00, 00:00 08:51 5TU0025029 02:07 03:10 39:56 STU0024547 00:00 00:00 15:19 5TUO024488 Date Time Type NOI Dispo 1. 081305 1321 PED PED CHECK COMP 2. 081305 0141 TS TRAFFIC STOP O1 3. 071605 1751 PED. X2 05 4. 071405 1927 505A RECKLESS DRIVIN 05 5. 070805 0108 415DV DOMESTIC VIOLEN COMP 6. 061905 0054 925C SUSP OCC VEH 06 7. 061805 2018 BS BIKE STOP COMP 8. 061605 1048 TS TRAFFIC STOP DC 9. 060405 0015 925C COMP L0. 052805 0710 TS TRAFFIC STOP DW L1. 052605 0219 4'80 ACCIDENT H/R IN 03 L2. 052505 1813 TS TRAFFIC STOP. DC r 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 5TU0038208 00:00 00:00 34:25 STU0033168 00:52 09:57 29:57. STUO032843 00:00 00:00 02:34 STU0031650 01:11 02:24 04:15 5TU0028555 00:00 00:00'06:14 5TU0028509 00:00 00:00 24:01 5TU0028102 00:00 00:00 02:16 STU0026171 00:00, 00:00 08:51 5TU0025029 02:07 03:10 39:56 STU0024547 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/Eves Count: 251 Page: 3 of 21 RC/DI DI/AS AS/CC Incident. 04:04. 03:06.99:99 5TUO024335 00:00 00:00 09:06 5TUO023848 00:00 00:00 04:4 9 5TUO023844 5TUO023752 00:32 01:38 99:99 5TUO023711 STUO023710 00:00 00:00 06:22 5TUO023'614 7 00:103:03 24:16 STU0023609 5TUO023231 00:00. 00:.00 10:29 STUO019752 01:54 03:23 14:43. 5TU001883 8 00:33 02:11 06:17 STUO018232 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. 05210 5 1056 459A BURGLARY ALARM CANCEL 5. 052105 0129 415FIG FIGHT DISTURBNC 06 6. 052105 0122 24042R ASSAULT/BATTERY DUP 7. 052005 1644 BAR . BALZ, CHECK,w COMP 8. 0514ff 161TI 90 , DRUNK IN PUBLIC 14 9. 051805 1411 928L CELL PHONE COMP . 10. 042805 1759 -TS TRAFFIC STOP DC 11. 0. 05 DIST`MNC 06 THU, OCT 27, 2005, 1:13 PM Odd/Eves Count: 251 Page: 3 of 21 RC/DI DI/AS AS/CC Incident. 04:04. 03:06.99:99 5TUO024335 00:00 00:00 09:06 5TUO023848 00:00 00:00 04:4 9 5TUO023844 5TUO023752 00:32 01:38 99:99 5TUO023711 STUO023710 00:00 00:00 06:22 5TUO023'614 7 00:103:03 24:16 STU0023609 5TUO023231 00:00. 00:.00 10:29 STUO019752 01:54 03:23 14:43. 5TU001883 8 00:33 02:11 06:17 STUO018232 i. I THU, OCT 27, 2005, 1:13 PM CAD Address Inquiry A ~y: P Address Exact: 14131 RED HILL AV Address Range: / Date: / Type: Sel: Date Time Type 1. 040805 2246 925C 2. 040805 2149 BAR 3. 040705 1520 390 4. 031305-1722 925C 5. 030505 1325 415S 6. 021505 2133 PC 7. 021505 0218 925C 8. 012105 2032 PED 9. 011805 0215 PED L0. 011205 0914 45.9A L1. 010805 0144 415E L2. 010205 1411 925C NOI Dispo - COMP BAR CHECK COMP DRUNK IN PUBLIC 01 15 SUBJ DISTURBANC 06 PATROL CHECK COP SUSP OCC. VEH 01 PED CHECK COMP PED CHECK COMP BURGLARY ALARM 10 PARTY/MUSIC DIS 05 SUSP OCC VEH 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 STU0016394- 00:00 00:00 09:42 STUO0163.77 00:00 00:00 99:99 5TUO016112 00:00 00:00 00:59 5TUO011983 00:25 03:38, 05:17 5TUO010731 00:00 00:00 20:28 5TU0007807 06:33 00:46 99:99 STU0007660 00:00 00:00 11:2 9 STU0003494 00:00 00:00 04:33 STU0002798 01:21 04:02 05:50 STU0001795 45:38 04:26 04:17 STUO001172 00:00 0000 14:4 7 5TU000024 1 'HU,- OCT 27, 2005, 1:13 PM .CAD Address. Inquiry .gency: P Address Exact: 14131 RED HILL AV Address Range: / ate: / Type: Sel s Date Time Type 1. 010105 0112 PC 2. 122904 2348 925C 3. 122304 2354 .415B 4. 121704 2329 PED S. 120404 0018 PC 6. 120104 0757 INFO 7. .112604 2.026 CC B. 112004 0212 488 9. 111704 21.37 CS 0. 111004 18.26 WC 1. 111004 0100 4155 2. 110504 0023 4155 NOI Dispo PATROL CHECK* 15 SUSP OCC VEH 06 PARTY/MUSIC DIS 06 PED CHECK 05 PATROL CHECK COMP C6/WS COMP CITIZEN CONTACT COP PETTY THEFT 03 STAKEOUT. COMP WELFARE CHECK 05.. SUBJ DISTURBANC 06 SUBJ DISTURBANC''03 THU, OCT 27, 2005, 1:13 PM Odd/Even: Count: 251 Page: 5 of 21 RC/DI DI/AS AS/CC Incident 00:00 00:00 '02:47 5TU0.000024 00:40 01:01 09:11 4TUO068911 00:48 04:17 05:05 4TUO068086 00:00 00:00 04:25. 4TUO067010 00:00 00:00 05:35 4TUO064719 4TU0064157 00:00 00:00 07:29 4TUO063327 00:00'00:00 99:99 4TUO062125 00:00 00:00 10:.28 4TUO061698 19:42. 05:44. 14:2.2 4TUO060524 00:59 02:20 07:44 4TU0060357 02:55 03:46 99:99 4TUO059419 CIN01009 INCIDENT INQUIRY THU, OCT, 27, 2005, 1:27 PM FOR: 1041 page: 1 R- -r: 102205 2329 Address: 14131 RED HILL AV ry :-P/PC 4155 Reference: FITZS PUB Beat: 3 Pol Dot: 303 Fir Det: 303 Map Guide: 83005 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 : • :11:02 DI/AS.: :00:38 DI/CC: :19:40 :19:0.2 City: TU Census: 51 Comments: 0005/ CASE NUMBER LI -05=00017567 (TU) 23 29/X' -ST - NISSON COMMON -NAME - FITZS PUB 2329/ INCIDENT. NUMBER: STUO050652 232 9/ROWDY CROWD "GANGSTER'TYPE" PER CP, KEEP CONGREGATING, CP CONCERNED AS 232 9/THIS IS NOT.THEIR USUAL CROWD, INVITED BY A PROMOTER TONIGHT, CP. WOULD 233 0/LIKE POLICE PRESENCE TO DETER 415 FROM HAPPENING 234 9/DOING A BARCHECK 2356/C4 `ice 0005/CLOSED DISPO : CHECKED OKAY 0005/HIKE TEAM Ri - pry : in !:mpl Date Time .. Cmd Type 1:4131 RED HILL AV 10/22 23:29:55 RC PC 560/1089 10/22 23:46:19 DC PC 570/1092 10/22 23:46:20 DC PC i80/1116 10/22 23:46:20 DC PC ;90/1083 10/22 23:46:20 DC PC ;60/1089 10/22 23:46:57 AC PC 070/1092 10/22 23:47:01 AC PC 180/1116 10/22 23:47:03 AC PC 90/1083 10/22 23:47:05 AC PC 7/677 10/22.23:47:17 DC PC 60/'1089. 10/22 23:50:07 QO PC 60/1089 10/2.2 23:50:07 SC PC 60/1089 10/22 23:50:15 ON PC 60/1089 10/22 23:50:15 SC PC 7/677 10/22 23:50:56 AC PC 60/1089 10/22 23:59:47 SC PC 60/1089 10/23 00:05:59 CC PC 70/1092 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 7/677 10/23 00:05:59 CC PC 10/23 00:05:59 GC .or 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 HILL AV 1121 14131 RED HILL AV 1121 CA 14131 RED HILL AV 1106 1106. 14131 RSD HILL AV CA M 1106 1106 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 HILL AV 1121 LI0500017567TU 1121 �CIN01OQ9 INCIDENT INQUIRY THU, OCT 27, 2005, 1:27 PM FOR: 1041 page-: 1 Recv: 102205 0203 Time F/Address: 14131 RED HILL AV Type: P/TS TRAFFIC STOP Reference;.FITZS PUB 3eat: 3 Pol Dot: 303 Fir Dot: 303 Map. Guide: 83.005 Census: 51ty� Sow Recv: TS 10/22 Reporting Party's: QL ?riority: 4. CA 1106 Address: 10/22 )ispo: 03 SC TS Phone: 1106 30/1124 10/22 hh mm TS TS Circe Stamps: Received: 02:03 hhhh mm as hhhh mm as DC Dispatch: 02:03 :00:00 RC/AS: :00:00 10/22 Enroute: 02:03 :00:00 DI/AS: :00:00 1106 At Scene: 02:03 :00:00 DI/CC: 2:37:27 TS Close: 04:41 2:37:27 10/22 !omments: 1300/ CASE NUMBER CR -05-00008011 (TU). 1300/ CASE NUMBER' .a Alt -05-00003093 (TU) 1311/ CASE NUMBER s FI -05-00001558 (TU) 1203/ INCIDENT NUMBER: 5TUO050502 1203//� 1246/10' 15 p�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 329/BLOOD TECH ETA 35-40 400/LIVESCAN SENT U) 441/CLOSED DISPO : ORIG REPORT TAKEN 441/HAUL 821/LIVESCAN RECEIVED istory: nit/Empl Date Time Cmd Type Location/.Comments User 10/22 02:03:56 FC TS FITZ'S 1106 30/1124 10/22 02:03:56 QL TS CA 1106 30/1124 10/22 02:03:56 SC TS FIT 1106 30/1124 10/22 02:03:56 TS TS FITZ'S 1106 50/731 10/22 02:04:03 DC TS FITZ'S 1106 10/22 02:04:21 MR TS AD:FITZ'S 1106 10/22 02:04:21 MR TS BT: 1106 10/22 02:04:21 MR TS CN: 1106 10/22 02:04:21 MR TS FD: 1106 10/22 02:04:21 MR TS MG: 1106 10/22 02:04:21 MR TS PD: 1106 10/22 02:04:21 MR TS R: 1106 0/1124 10/22 02:04:30 SC TS BEHIND FITZ'S 1106 0/731 10/22 02:04:36 SC TS BEHIND FITZ'S 1106 0/1124 10/22 02:05:51 QN TS STEPHENS ANDREW 19840321 CA M 1121 0/1124 10/22 02:05:51 SC TS BEHIND FITZ'S 1121 0/1124 10/22 02:06:07 QO TS �_ CA 1121 0/1124 10/22 02:06:07 SC TS BEHIND FITZ'S 1121 0/731 10/22 02:08:32 QO TS CA 1121 0/731 10/22 02:08:32 SC TS BEHIND FITZ'S 1121 CIN01009 350/731 3' 731 31 131 Si/710 330/1124 350/731 350/731 350/731 330/1124 330/1124 330/1124 S3/710 350/731 330/1124 330/1124 -BOR- INCIDENT INQUIRY THU, OCT.27, 2005, 1:27 PM FOR: 1041 Page: 2 10/22 02:08:59 QN TS CA M 10/22 02:08:59 SC TS BEHIND' FITZ'S 10/22 02:09:37 AC TS BEHIND FITZ'S 10/22 02:15:33 AS TS 14131 RED. HILL. AV 10/22 02:15:44 SC TS 14131 RED HILL AV 10/22.02:22:17 SC TS BEHIND FITZ'S 10/22 02:37:11 SC TS BEHIND FITZ'S 10/22 02:52:11 SC TS BEHIND FITZ'S 10/22 03:00:02 GC CRO500008011TU 10/22 03:06:03 GC AR0500003093-TU 10/22 03:02:42 QL TS CA 10/22 03:02:42 SC TS 14131 RED HILL Apt 10/22 03:05:30 SC TS TP•/ENR STA 1015 10/22 03:06:40 CC TS 14131 RED HILL AV 10/22 03:06:53 CC TS BEHIND FITZ'S 10/22 03:07:53 SC TS TP/STA-1015 10/22 03:11:12 GC FI0500001.55STU 10/22 04:41:15 DX 10/22 04:41:15 RX TS. 14131 RED HILL AV - 10/22 04:41:23 CC TS 14131 RED HILL AV .1121 1121 731 1106 1106 1106 1106 1106 1106 1106 1121 1121 1106 1106 1106 1106 1121 1106. 1106 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/4159PARTY/MUSIC DIS Reference: FITZ'S PUB ---------------------------------------------------- City: 2007/X -ST = NISSON COMMON -NAME - FITZ'S PUB 2007/ INCIDENT NUMBER: 5TU0048273 2007/PLS CLOSE BACK DOOR'- LOUD MUSIC DIST RESIDENCE IN THE AREA 203 5/CONT W/SEC IN FRONT 2036/C4, DOOR CLOSED 2037 /CLOSED DISPO ADVISED 203 7/WELDE History: Unit/Empl Date Time-_- Cmd Type Location/Comments------------- ----- - -- User 10/09 20:07:35 RC 4155 14131 RED HILL.AV 411/953 10/09 20:32:04 DC 4'15$ 14131 REDS HILL. AV 995 760/1081 10/09 20:32:04 DC 415E 14131 RED HILL AV 1106 1106 :aunt: 34 Page: 2 of 3 Printer: TUNET09 CIN01009 INCIDENT INQUIRY THU, OCT 27, 2005, 1:28 PM FOR: 1041 pages 1 Recv: 093005 0008 Address: -14131 RED HILL AV T- P/415FIG FIGHT DISTURBNC Reference; FITZ'S PUB City: TU B� 3 Pol Det: 303 Fir Dat: 303 Map Guide: 83005 Census: 51 How Recv: PP Reporting Party's: Priority: 2 Address: Di$po: 01 Phone: hh mm Time Stamps: Received: 00:08 hhhh mm ss hhhh mm ss Dispatch: 00:09 :01:41 RC/AS: :04:47 Enroute: DI/AS: :03:06 At Scene:, 00:13 DI/CC: 3:48:59 Close: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. )009/#1 - M H 30 BLK SHIRT/BJ SHORTS - #2=M.H 201S BLK T & )009/BJ SHORTS - THEY ARE 390 )009/THEY ARE NOW NEAR THE EAST SIDE OF THE BLDG W/2 FEM'S )010/CP IS NEAR ENTRANCE WEARING WHI T/DK SLACKS )010/NO WPNS SEEN )0101NOW WALKING NB ON RH 10" UT W/3 SUBJ'3 RH/5 10:. .'GING IN FIELD LINE UP 1 04 0 / POSITIVE ID 041/10-15 04 8/2ND WIT/VIC W/POSITIVE ID 245/ARR/BK/OCJ PC245 358/CLOSED DISPO : ARRESTED 358/HOWARD/GARCIA istory: nit/Empl----- Date- Time Cmd Type-- Location/Comments--------------- User 09/30 00:08:18 RC 415FIG 14131 RED HILL AV 11 11 21 10/1071 09/30 00:09:59 DC 415FIG 14131 RED HILL AV 3/1029 09/30 00:09:59 DC 415FIG 14131 RED HILL•AV 904 5/712 09/30 00:11:18 DC 415FIG 14131 RED HILL AV 904 5/712 09/30 00:13:05 AC 415FIG 14131 RED HILL AV 904 1/1029 09/30 00:13:27 AC 415FIG 14131 RED HILL AV 904 ►/712 09/30 00:13:34 SC 415FIG RED HILL/5 904 /1029 09/30 00:13:40 SC 415FIG RED HILL/5 904 :0/1071 09/30 00:14:15 AC 415FIG•14131 RED HILL AV 904 ;/712 09/30 00:17:59 QN' 415FIG 904 CA M /712 09/30 00:17:59 SC 415FIG RED HILL 5 1121 /712 09/30 00:18:21 QN 415FIG 1121 CA M /712 09/30 00:18:21 SC 415FIG RED HILL/S 1121 /1 09/30 00:18:40 QN 415FIG 1121 CA M 09/30 00:18:40 SC 415FIG RED ILL/S 904 /712 09/30 00:27:37 SC 415FIG 14131 RED HILL AV 904 /1029 09/30 00:28:34 SC 415FIG RED HILL/5 904 0/1071 09/30 00:34:14 SC 415FIG 14131 RED HILL AV 904 904 CIN01009 360/1002 360/1002 SS/712 360/1002 360/1002 K3/1029 S5/712 360/1002 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 41SPIG 14131 RED HILL AV 09/30 01:12:49 SC.415FIG RED HILI,/S 09/30 01:12:57 SC 415FIG' RED HILL/5 09/30 01:13:03 GC' ' CROS00007388TU 09/30 01:16:30 AC 415FIG RED HILL/S 09/30 01:18:15 SC 41SFIG 10-19 10-15 09/30 01:18:52 SC 415FIG 10-19 09/30 01:27:04 SC 415FIG RED HILL/S 09/30 01:27:27 CC 415FIG 10-19 10-15 09/30 01:21:34 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 CCA15FIG 10-15 STA 09/30 03:58:58 CC 415FIG TP OW 904x, 90 90-, 904 904 904 904 JOB.' 904 904 904 904 1121 904 904 904' CIN010p9 Date Time INCIDENT INQUIRY THU, OCT 27, 2005, 1:28 PM Location/Comments ------------- FOR: 1041 page: 1 Rer"v: 092505 0257 ------ Address: 14131 RED HILL AV T P/653G LOITERING Reference: FITZ'S PUB City: TU Bt__: 3 Pol Dot: 303 -Fir Dot: 303 Map Guide: 83005 Census: 51 How Recv: PP Reporting Party's: Priority: 3 MR 653G Address: END= Dispo: 01 10/1096. 09/25 Phone: DC 653G hh mm 1121 Time Stamps:' Received: 02:57 hhhh mm ss hhhh mm ss 653G Dispatch: 03:05 :08:01 RC/AS: :10:56 09/25 Enroute: AC DI/AS: :02:55 14131 RED HILL.AV At Scene: 03:08 DI/CC: 2:07:13 03:08:07 Close: 05:12 2:04:18 Comments: U400/ CASE NUMBER - CR -05-00007252. (TU) 0400/ CASE NUMBER a AR-05-00002837(TU) 0257/X -ST a NISSON COMMON -NAME FITZ'S PUB 0257/ INCIDENT NUMBER: STUO045848 0257/6-8 SUBJS.HANGING OUT & POSS DRINKING IN P/L 07 BUSN 025 9/CP CALLED BACK, 415, REQ TO SEND AMBULANCE BECAUSE HE D259/WOULD BE GOING TO CONFRONT THE SUBJS DRINKING AND 3300/DEMANDED OFCRS RESPOND IMMEDIATELY, ADVSD SUBJ TO STAY )300/AT HIS RES UNTIL OFCRS RESPOND )301/2ND CP: )315/REQ YLW UNIT )37. 'REQ YEL UNIT ) 3 ; ,TA 10-20 FOR YEL CAB 135_, 1015 ® 0342 144 0/ARR/BK/OCJ I FOR 2 MISD OC ARREST 144 0/WARRANTS $10K EACH BOTH FOR HS11364 1512/CLOSED DISPO ARRESTED ,512/MITCHELL (story: nit/Empl Date Time Cmd Type Location/Comments ------------- ----- ------- --- ------ ------------------ User 09/25 02:57:11 RC 653G ------------ 14131 RED HILL AV __ 1121 09/25 02:58:27 MR 653G RP: 10/1096. 09/25 03:05:12 DC 653G 14131 RED HILL AV 1121 4/1019 09/25 03:05:12 DC 653G 14131 RED HILL AV 1106 1106 10/1096 09/25 03:08:07 AC 653G 14131 RED HILL.AV 1106 4/1019 09/25 03:08:07 AC 653G 14131 RED HILL AV 1106 4/1019 09/25 03:08:58 QL 653G � TX 2006 VIG19 09/25 03:08:58 SC 653G 14131 RED HILL AV 1106 111019 09/25 03 :09:52 QL 653G � CA 1106 1/1019 09/25 03:09:52 SC 653G 14131 RED HILL AV 1106 1/1019 09/25 03:19:08 SC 653G 14131 RED, HILL AV 1106 1.0/1096 09/25 03:24:37 QO 653G CA 1121 .0/1096 09/25 03 :24:37 SC 653G-. 14131 HILL AV 11.06 .0/1096 09/25 03:25:05 QN 653G ,RED 1106. CA M .0/1^96. 09/25 03:25:05 SC 653G 14131 RED HILL AV 1106 09/25 03:26:17 QN 653G 1106 CA M ;/ 09/25 03:26:17 SC 653G 14131 RED HILL AV 1121 /1019 09/25 03:27:25 QN 653G 1121 CA M /1019 09/25 03:27:25 SC 653G 14131 RED HILL AV 1121 0/1096 09/25 03:34:52 SC 653G 14131 RED HILL AV 1121 1121 CIN01009 720/1003 720/1003 K4/1019 710/1096 710/1096 K4/1019 710/1096 710/1096 -EOR- INCIDENT INQUIRY THU, OCT 27, 2005, 1:28 PM FOR: 1041 Page.: 2 09/25 03:52:46 DC 653G 14131 RED HILL AV 09/25 03:53:80 CC 653G 14131 RED HILL AV 09/25 03:53:03 SC 653G 14131 RED HILL AV 09/25 03:55:37 SC 653G 1019 X1M 09/2 5 03:57:42 SC 653G 10155 09/25 03:58:06 CC 653G 14131 RED. HILL AV 09/25 04:00:26 GC CR0500007252TU 09/25 04:00:28 GC AR0506002837TU 09/25 04:34:50 SC 653G ENR OCJ X2M 09/25 05:12:25 CC 653G ENR OCJ X2M CIN01009 INCIDENT INQUIRY THU, OCT 27, 2005, 1:29 PM FOR: 1041 page: 1 Rer—t 092005 2153 Address: 14131 RED HILL AV T11 P/390 ' DRUNK IN PUBLIC Reference: FITZ'S PUB. City: TU Beb.-. 3 Pol Dot: 303 Fir Det: 303 Map Guide: 83005 Census: 51 How Recv: E9 Reporting Party's':' Priority: 2 Address: Dispo: 01 Phone: hh mm Time Stamps: Received: 21:53 hhhh mm so hhhh mm se Dispatch: 21':54 :00:30 RC/AS: :03:22 Enroute: DI/AS: :02:52 At Scene: 21:57 DI/CC: 2:58:53 Close: 00:53 2:56:01 :omments: ).249/ CASE NUMBER.= CR -OS -.00007138 (TU) ?249/ CASE NUMBER s AR -05-00002788 (TU) ).153/X -ST = NISSON COMMON -NAME FITZ'S PUB 3153/B911-.RP:BUSN/FITZ'S PUB & LOUNGE / :153/ INCIDENT NUMBER:.5TU0045129 :153/MH '34 GOATEB,NO SHIRT,JN9 - SUBJ HBD & REMOVED FR ESTABLISHMENT H] ;153/CHALLENGING OTHER PATRONS TO FIGHT OUTSIDE ON THE PATIO - NFD ;158/SUBJ IN MIDDLE OF ROAD ON RH IFO FITZ'S ;200/OUT W/390SUBJ 203/C4 224/ROJAS 24' ''.015 3�, IZR/BKD/HBJ: PC 647F 05.,, .:LOSED DISPO ARRESTED 053/VILLARREAL/GARCIA istory: nit/Empl .Date Time Cmd Type Location/Comments 14131 09/20 21:52:10 E9 390 RED 09/20 21:53:52 RC 390 10/1125 09/20 21:54:22 DC 390 50/1002 09/20 21:54:22 DC 390 20/1022 '09/20 21:55:28 DC 390' 20/1022 09/20 21:55:30 SP 390 LO/1125 09/20 21:55:35 CC 390 iO/1002 09/20 21:57:14 AC 390 10/1022 09/20,21:57:56 AC 390 .0/1103 09/20 21:57:59 AS 390 i0/1002 09/20 22:00:30 QN 390 0/1002 09/20 22:00:30 SC 390 0/100.2 09/20 22:10:05 SC 390 0/1022 09/20 22:18:03 SC 390 ;0/1022 09/20 22:24:-01 QN 390 0/1022 09/20 22:24:01 SC 390 0/1022 09/20 22:28:19 QN 390 0/1n22 09/20 22:28:19 SQ 390 0.; ? 09/20 22:28:33 QO 390 0j___2 09/20 22:28:33 SC 390 0/1103 09/20 22:31:00 CC 390. 0/1022 09/20 22:37:49 SC 390 0/1002 09/20 22:43:26 SC 390 14131 RED HILL ---------- AV 14131 RED HILL AV . 14131 RBD 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 HILL AV. RIB' M D HILL AV 14131 RED HILL AV' 14131 RED HILL AV CAM 14131 RED HILL AV CA M 14131 RED HILL AV CA 14131 RED HILL AV 14131 RED HILL AV 14131 RED HILL AV BA/S 1045 IS NOW User 995 995. 1106 1106 1106 1106 1106 1106 1106 1106 995 995 1106, 1106 995 995 995 995 995 995 1106 1106 1106 CIN010,0 9 INCIDENT INQUIRY THU, OCT 2 7,. 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 AR0500'002788TU 09/20 22:49:40 GC CRO500007138TU 420/1022 09/20 23:12:07 SC 390 ENR HB -PD 1015 420/1022 09/21 00:49:22 SC 310 ENR HB'PD 1015 09/21.00:52:51 RX 390 14131 RED.HILL AV 09/21 00:53:16 CC 390 14131 RED HILL AV -EOR- 110.6 9c 9-5 1106 1106 1106 1106 CIN01009 INCIDENT INQUIRY THU, OCT 27, 2005, 1:31 PM FOR: 1041 Page: 1 Re 081305 0141 F/Address: 14131 RED HILL AV T ,P/TS TRAFFIC STOP Reference; FITZS PUB City: TU Be,--: 3 Pol Dst: 303 Fir Dst: 303 Map Guide: 83005 Census 51 How Recv : TS Priority: 4 Dispo: 01 Reporting Party's: Address: Phone: hh mm Time Stamps: Received: 01:41 hhhh mm as hhhh mm as Dispatch: 01:41. :00:00 RC/AS: :00:00 Enroute: 01:41 :00:00 DIA.S: :00:00 At Scene: 01:41 :00:00 DI/CC: 3:32:41 Close: 05:13 3:32:41 Comments: 0245/ CASE NUMBER - CR -05-00006097 (TU) 0245/ CASE NUMBER.- AR -05-00002384 (TU) 0141/ INCIDENT NUMBER: STUO038208 0141// 0236/1015 0236/926 0253/926A ARCHIES TON' X32 0/GRN TOYT TUN P/U 22651H 3321/FCN 3950522501217 )513/ARR/BK/OCJ VC23152A/B �Jl )513/CLOSED DISPO ARRESTED ) 51 - ' HAUG Iie�vey: . lnit/Empl Date Time Cmd Type Location/Comments -------------------------------- User 08/13 01:41:03 FC TS FITZS P/L ------ 1121 3/710 08/13 01:41:03 QL TS CA 1121 3/710 08/13 01:41:03 SC.TS FITZS P/L / 1121 3/710 08/13 01:41:03 TS TS FITZS P/L /� 1121 30/1124 08/13 01:43:11 AS TS FITZS P/L 1121 3/710 08/13 01:45:46 ON TSCA M 904 3/710 08/13 01:45:46 SC TS FITZS P/L 904 50/731 08/13 01:52:03 DC TS FITZS P/L 1121 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 T$ 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 50/731 08/1301:57:44 AC TS 14131 RED HILL AV 731 LO/1125 08/13 02:08:54 DC TS 14131 RED HILL AV 1121 LO/1125 08/13 02:08:59 SC TS PU PAZ 1121 iO/731 08/13 02:09:02 SC TS 14131 RED HILL AV 1121 .0/1125 08/13 02:11:12 SC TS STA 1121 .0 5 08/13 02:14:42 SC TS 14131 RED HILL AV 1121 I/.1_. 08/13 02:14:46 SC TS 14131 RED HILL AV 1121 .0/1125 08/13 02:17:53 AC TS 14131 RED HILL AV 904 904 .0/1125 08/13 02:36:54 CC TS 14131 RED HILL AV 0/1124 08/13 02:42:06 SC TS 1019 xim 1015 1121 CIN01009 350/731 3.50/731 350/731 S3/710 350/731 350/731 330/1124 310/1125 310/1125 340/1071 310/1125 340/1071 340/1071 340/1071 330/1124 330/1124 340/1071 340/1071 - BOR - INCIDENT INQUIRY THU, OCT 27, 2005, 1:31 PM FOR: 1041 . Page: 2 08/13 02:45:50 GC CRO500066097TU 08/13 02:45:55 GC AR0500002384TU 1121 08/13 02:54,:05 QL TS CA 11; .08/13 02:54:05 SC TS 141 E HILL AV 904 08/13 03:04:06 SC TS 14131 RED HILL AV 904 08/13 03:04:46 CC- TS 14131 RED. HILL AV' 1121 08/13 03:.10:05 QR TS ER 731 1121 08/13 03:21:56 CC TS 14131 RED HILL AV 082 038208 08/13 04:01:28 SC TS 1O15S X1 1121 08/13 04:21:38 DC TS 14131 RED HILL AV 1121 08/13 04:21:42 SC TS 10-19 904 904 08/13.04:22:23 DC TS 14131 RED HILL AV 904 08/13 04_:22:25 CC TS 10-19 904 . 08/13 04:22:29 SC TS 10-19 904 08/13 04:30:33 AC TS 10-19 904 08/13. 04:34:03 SC TS ENR OCJ X1 904 08/13 04:34:09.SC TS STA 1121 08/13 04 :35:31. CC TS STA 1121 08/13 04:41:41 'SC TS OCJ 1121 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 1121 CIN01009 INCIDENT INQUIRY THU, OCT 27, 2005, 1:31 PM FOR: 1041 page: 1 Recv: 071405 1927 Address: 14131 RED HILL AV T P/505A RECKLESS DRIVIN Reference: FITZS PUB City: TU B&, 3 Pol Dst: 303 Fir Dot: 303 Map Guide: 83005 Census: 51 How Recv: PP Priority: 2 Dispo: 05 Time Stamps: Received: Dispatch: Enroute: At Scene: Close: Reporting Partyls: Address: Phone: hh mm 19:27 19:28 19:38 20:07 hhhh mm ss hhhh mm es :00:52 RC/AS: :10:49 DI/AS: :09:57 • DI/CC: :39:54 :29:57 Comments: 2007/ CASE NUMBER LI -05-00011368 (TU) 1927/X -ST = NISSON COMMON -NAME FITZS PUH 1927/ INCIDENT NUMBER: STUO032843 192 7/WHI GEO PRISM RACING AROUND & SCREACHING TIRES IN P/L 192 7/CP THINKS HE MAY POSE BE 390 & FROM FITZ"S L928/PLATS SIMILAR To .)007/CLOSED DISPO : ADVISED 2007/TAYLOR-PAWC'D RP iistory: snit/Empl Date Time Cmd Type 07/14 19:27:12 RC 415S '07/14 19:27:53 MR 4155 07/14 19:27:53 MR 4155 30/1062 07/14 19:28:04 DC 505A 50/1075 07/14 19:28:04 DC 505A. 30/1062 07/14 191.38:01 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 ,OR- 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 HILI AV LI050001136STU - CELL User 1121 .1087 1087 1087 1087 1087 1087 1087 1087 1087 1087 1087 CIN01009 _ 06/19 00:54:59 INCIDENT INQUIRY THU, OCT 27, 2005, 1:34 PM PH: 06/19 00:55:49 MR FOR: 1041 page: 1 Recv: 061905 0054 00:55:49 Address: 14131 RED HILL AV Type: P/925C SUSP OCC VEH Reference: FITZ'S PUB T Beat: 3 Pol Det: 303 Fir Det: 303 Map Guide: 83005 Census.. 51. How Recv: PP HILL Reporting Party's: 925C Priority: 2 06/19 00:56:16 Address: CELL 925C Dispo: 06 06/19 00:57:27 Phone: 925C 60/1089 06/19 hh mm AS 925C Time Stamps: Received: 00:54 hhhh mm ss hhhh mm ss 90/1071 Dispatch: 00:56 :01:17 RC/AS: :03:41 60/1089 Enroute: 01:02:55 DI/AS: :02:24 90/1071 At Scene:'- 00:58 DI/CC: :06:39 21/1110. Close: 01:02 :04:15 925C Comments: 0102/ CASE NUMBER 0. LI -05-00009703 (TU) 0054/X -ST - NISSON COMMON -NAME = FITZ'S PUB 0054/ INCIDENT NUMBER: STU0028SSS 0054/6 OR 7 MALE ASIANS WERE CHASING PATRONS AROUND THE PL - LEAVING IN'A 0054/BLK.LEXUS CA/UNX - DOT SB REDHILL -'NOW TURNING INTO -A COMPLEX ON RH 0055/T0 CONTINUE CHASING MORE PEOPLE.-- PALMWOOD LUXURY APTS q05 5/SUBJS HAD THEIR SHIRTS OFF AND WERE WANTING TO FIGHT 0055/THE OTHER PATRONS 0100/SO ALY OF PINEWOODS IS CLEAR b100/C4 OUT W/PATRON 0102/CLOSED DISPO UTL/GOA 0102/CARSON iistory: • Jnit/Empl Date. Time Cmd Type Location/Comments -------------- ---------- --- ---- ---- User 14131 06/19 00:54:59 RC z 925C PH: 06/19 00:55:49 MR 925C RA' 06/19 00:55:49 MR 925C RP. . 06119 00:55:49 MR 925C 121/1110 06/19.00:56:16 HILL DC 925C '30/1112 06/19 00:56:16 DC 925C 90/1071 06/19 00:57:27 DC 925C 60/1089 06/19 00:58:01 AS 925C '30/1112 06/19 00:58:40 AC -925C 1121 90/1071 06/19 01:00:28 AC 925C 60/1089 06/19 01:02:55 CC 925C 90/1071 06/19 01:02:55 CC 925C 21/1110. _.06/19 01:02:55 CC 925C 30/1112 06/19 01:02:55 CC 925C LI0500009703TU 06/19 01:02:55 GC 1121 EOR - 14131 RED HILL AV 1099 PH: 1099 RA' 1099 RP. . 1099. 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 1071 14131 RED HILL AV 1121 14131 RED HILL AV 1121 14131 RED HILL. AV 1121 14131 RED HILL AV 1121 LI0500009703TU 1121 CIN01099 INCIDENT INQUIRY THU, OCT. 27, 200 5, 1:36 PM FOR: 1041, page: 1 Recv: 052605 0219 Address: 14131 RED HILL AV TS P/480 ACCIDENT H/R IN Reference; FITZ'S PUB City: TU Be, 3 Pol Dst: 303 Fir Dst: 303 Map Guide: 83005 Census: 51 How Recv: PP Priority: 1 Dispo: 03 Time Stamps: Received: Dispatch: Enroute: At Scene: Close: Reporting Party's: -Address: ._._ Phone: hh. mm 02:19 hhhh mm ss hhhh mm.ss 02:21 :02:07 RC/AS: :05:17 02:22 :00':17 DI/AS: :03:10 02:24 :02:53 DI/CC: :43:06 03:04 :39:56 �omments: )242/ CASE NUMBER = CR -05-00004068 (TUY )219/X -ST - NISSON COMMON -NAME FITZ'S PUB )219/ INCIDENT NUMBER: 5TUO024547 ) 2 3. 9 / VEH HIT PARKED CAR & PED )219/ SB RH TO •WAL . ,�W 1222/OC FIRE ENR 1223/31 YR.OLD MALE HIT BY CAR 1224/CP' S ARE ALL 390 ,22 7/SUSP VEH - SMALL GOLD 2DR - M ASIAN DRIVER 230/VEH - FRONT END DMG 23 0/UNK PLT 23 !; /UTL SB' RH/WB EDI TO 55 3( TWA 3G -LOSED DISPO ORIG REPORT TAKEN is tory : nit/Empl Date Time Cmd Type 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 CROS00004068TU FITZ'S AREA CK 14131 RED HILL AV 14131 RED HILL AV 14131 RED HILL AV 1 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 05/26 02:19:42 RC 480 30/655 05/26 02:21:49 DC 480 30/65$ 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 10/655 05/26 02:24:59 AC 480 ;0/963 05/26 02:25:38 AS 480. ►0/1075 05/26 02:28:48 AS 480 0/1062 05/26 02:30:48 DC 4.80 0/1062 05/26 02:30:52 SC 480 0/1069 05/26 02:30:59 DC 4.80 0/1069 05/26 02:31:01 SC 480 0/655 05/26 02:31:04 SC 480 0/1062 05/26 02:33:38 AC 480 0/1069 05/26 02:33:38 AC 480 0/1069 05/26 02:33:42 SC 480 0/1062 05/26 02:39:38 SC 480 05/26 02:42:47 GC 0.,/ 1 05/26 02:46:06 CC 480 01 9 05/26 02:48:31 CC 480 0/963 05/26 02:50:45 CC 480 0/655 05/26 03:04:47 CC 480 0/1075 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 CROS00004068TU FITZ'S AREA CK 14131 RED HILL AV 14131 RED HILL AV 14131 RED HILL AV 1 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 "IN0100 INCIDENT INQUIRY THU, OCT 27, 2005, 1:36 PM FOR: 1041 Page: 2 -EOR- CIN01099 INCIDENT INQUIRY THU, OCT 27, 2005, 1:36 PM . FOR: 1041 1 page: 1 Rer--•: 052505 0210 Address: 14131 RED HILL AV T,, P/PC PATROL CHECK Reference; FITZ'S PUB City: TU Bec.-: 3 Pol Dot: 303 Fir Dot: 303 Map Guide: 83005 Census: 51 How Recv: E9 Reporting Partyls: 05/25 Priority: 3 -Address: PC Dispo: 01 Phone: 02:18:03 AC hh mm 0/1083 Time Stamps: Received: 02:10 hhhh mm ss hhhh mm ss PC Dispatch: 02:14 :04:04 RC/AS: :07:.10 02:19:40 Enroute:. DI/AS: :03:06* 0/1083 At Scene: 02:18 DI/CC: 4:19:49 AC Close: 06:34 4:16:43 :omments: )310/,CASE NUMBER CR -05-00004038 (TU) )418/ CASE NUMBER AR -05-00001505 (TU) 1418/ CASE NUMBER AR -05-00001506. (TU) )21 0/X -ST = NISSON COMMON -NAME.- FITZ'S PUB )210/9911 - RP:BUSN/FITZ'S PUB & LOUNGE / )210/ INCIDENT NUMBER: STUO024335 ),210/GROUP LOITERING IN PARKING LOT, CP.THINKS THERE MIGHT BE A FIGHT )2.18/SB THRU ALLEY C3 FOLLOW 1218/MITCH EO RH . 1218/ALLEY ON S/SIDE ,219/WHI LINC NAV, NO PLTS 22"1 AT GUNPOINT, 1 IN CAR, 1 OUT OF CAR 2.; RD SUBJ RAN THRU ALLEY TOWARD MITCHELL 22::, AH 6.' 'UNK CLOTHING 221/CLERK AT ARCO ADVISES BEER RUN' 221/LAST SEEN RUNNING.WB MITCHELL TO -FRONTIER PARK 222/SUSP - LT COLORED CLOTHING 224/1015 226/10-3 233/2ND 1015 233/UTL 3RD SUBJ IN.FRONTIER PARK 240/C4. 310/•926A ARCHIES 330/22651H, WHI 05 LINC NAV 4D, NO PLTS, 28 SHOWS _ 358/FCN 3950514501002 516/REQ YEL CAB TO TPD il7/ARR/8495: 517/1039 YEL CAB,ETA 15-20 501/ARR/BOOK/OCJ: , 211 PC 515/MITCHELL X34/CLOSED DISPO : ARRESTED .Story: Lit/Empl Date Time Cmd Type Location/Comments User 14131. 05/25 02:10:09 E9 PC 14131 05/25 02:10:53 RC PC 0, 5 05/25 02:14:57 DC PC G/ --J6 05/25 02:18:03 AC PC 0/1083 05/25 02:18:22 DC PC /677 05/25 02:19:40 DC PC 0/1083 05/25 02:20:17 AC PC Location/Comments User 14131. RED HILL AV 909 14131 RED HILL AV 909 14131 RED HILL AV 909 14131 RED HILL AV 909 14131 RED HILL AV 909 14131 RED HILL AV 909 14131 RED HILL AV 909 CIN010-39 " INCIDENT INQUIRY THU, OCT 271 2005, 1:36 PM FOR: 1041 Page: 2 410/1047 05/25 02:20:46 DC. PC 14131 RED HILL AV 909 S4/677 05/25 02:20:54 AC PC 14131 RED HILL AV 90f 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.PARK 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 OR PC ER 1047 02 570/625 05/25 02:38:12 CC PC FRONTIER PARK .024335 9044 460/988 05/25.02:40:13 AS PC 14131 RBD HILL AV 909 410/1047 05/.25 02.:42:11 CC PC STATER HROS 90 9 420/1083 . 05/25 02:51:03 ON PC. CA M 109 87 420/1083 05/25 02:51:03 SC PC 14131 RED HILL AV, 1087 42,0/1083 05/25 02:51:40 SC -PC 14131 RED HILL AV, 1087 420/1083 05/25 02:51:41.QO PC CA 1087 34/677 05/25 02:51:43 SC PC AREA CK 909 420/1083 05/25 02:52:39 ON PC CA M 1087 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 909 34/677 05/25 02:59:56 CC*PC AREA.CK 909 120/1083 05/25 03:02:10 SC PC 14131 RED HILL AV 909 130/1096 05/25.03:04:50* QV PC CA 909 130/1096 05/25 03:04:50 SC PG 1413'1 RBD HILL AV 909 620/1083 05/25 03:09:18 SC PC MITCH/RH • 909 05/25 03:10:58 GC - CROS0000403STU 909 630/1096 05/25 03:11:09 SC PC 14131 RED HILL AV 909 X30/1096 05/25 03:11:19 SC PC MITCH/RH 909 :20/1083 05/25 03:18:36 SC PC TP/1019 1015 909 :20/1083 05/25 03:22:26 SC PC 1015 STA X2 909 :30/1096 05/25. 0.3:33:29 SC PC ARCO F/UP 909. ;30/1096 05/25 03:53:42 OR PC ER.. 1096 024336 30/1096 05/25 03:54:31 SC PC 1019 909 20/1083 . 05/25 03:57:36 QO PC CA 909 20/1083. 05/25 03:57:36 SC PC 1015 STA X2 909 20/1083 05/25 03:5.8:32 ON PC CA M 909 20/1083 05/25 03:58:32 SC PC 1015 STA'X2 909 20/1083 05/25 04:08:50 SC PC 1015 STA X2 909 20/1083 05/25 04:09:19 ON PC CA M 909 20/1083 05/25 04:09:19 SC PC 1015 STA X2 909 20/1083 05/25 04:11:20 ON PC CA M 909 20/1083 05/2'5 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 ON PC 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 AR0500001505TU 1087 05/25 04:18:31 GC AR0500001506TU 1087 30/1096 05/25 04 :29:31 ,SC PC STA 1087 10/1047 05/25 05:25:58 AS PC 14131 RED HILL AV 909 10/1047 05/25 05:26:01 SC PC STA 909 420/1013 05/25 05:27:48 CC PC 1015 STA X2 CINOI009 INCIDENT INQUIRY THU, OCT 27, 909 2005, 1:36 PM FOR: 1041 Page: 3 4 ;_047 05/25 05:49:13 SC PC ENR. OCJ ST 0.0 41,/1047 05/25 05:51:51 QR PC ER 1047 909 410/1047 05/2.5 05:59:36 SC PC AT OCJ END 3.9 024355 430/1096 05/25 06:07:53 SC PC STA 909 430/1096 05/25 06:15:17 CC PC STA 1087 410/104.7 05/25 06:26:11 QR PC ER 1047 909 410/1047 05/25 06:34:46 CC PC AT OCJ END 3.9 024355 -BOR- 1044 [Exhibit DevelCommunity opment Department �• v V February, , `2,006 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 re§ult of the investigations, we observed a number of. violations of conditions of approval as follows: 1. 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 or, 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 2of3 4. 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 2.14: 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. Comments 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. Comments 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 3of3 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 Fe 2006, staff will commence proceedings to revoke the Conditional Use Permit. a t ek 5, ?-a°4 If you have any questions, please do not hesitate to contact me at 714-573-3031 or Justine Willkorn, Senior Planner at 714-573-3115. Sincerely, �7 Scott Jordan Police Chief Attachments: Resolution No. 99-29 Live Entertainment Permit Elizabeth A. Binsack Community Development Director cc: Justina Willkom, Senior Planner Scott Reekstin, Senior Planner/Business License Brad Steen, Code Enforcement Officer Department of Alcoholic Beverage Control 4 9 10 it 12 13 14 21 22 23 24 ss 26 27 2: 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 JLICENSE 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 047") and live entertainment -in conjunction with a now existing' restaurant located at '14131 Red HID Avenue, Tustin. B. - That a public hearing was duly called, noticed and held on said application on February' 8, - Pebruery 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 cl=mstanc ft of this case, be detrimental to the health,. .safety; morals," comfort, or general welfare of the E!e rsons residing or working in the neighborhood of such Prropposed use nor a detriment to the 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 findings: 1. The.. proposed project . as -conditioned, complies with adopted guidelines for alcoholic beverage sales establishments which have Men. established and ` considered to mitigate ' potential Impacts associated wihthe 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 1s 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 s 6 7 e 9 10 11 12 13 14 is 16 17 it 19 20 21 u 23 tesolution No. 99-29 :onditional Use Permit 98-029 1priI 19,1999 'age 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. & 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 (9-1) 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 . �18years of age or older and supervised by someone twenty-one 21 f 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 .end approved by the Community Development Department if any increase in. the 150 seats is proposed. F. That this project is Categoricallyy Exurmuant to Section 15301 (Class f1). the Clifornia Environmental Quality Act, pursuant 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 141.31 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 le day of April, 1999. 24 2s 26 27 2s PAMELA 29 City Clerk THOMAS R. S ARELLI Mayor EXHIBIT A - RESOLUTION NO. 9949 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 ift 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 art Alcoholic Beverage Control Llcense Type "4T Is obtained from ABC and the sale and consumption of beer and wine commences within twelve (12) months of the date of this exhibiL 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 047". The sale of alcoholic beverages for off-site consumption is prohibited, except partial 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 liabilides•arising_out of a challenge of the Cky'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, subjectto. 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 (CEQA MITIGATION ( UNIFORM BUILDING CODEIS (4 DESIGN REVIENi (5), 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. 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 1.1.1 The applicant shall post security in the amount 'of $2;500 for a period of nine months in the form acceptable to the City Attorney securing the removal of the bar. stools..coin operated video games, and the pooVbilliard tables.temporarily approved, herein for a pedod.of no more than six months. The .amount -of said security is the estimated legal and administrative costs associated with the enforcement of the- temporary approval.. Including the estimated .cost$ of removirig. the' temporarily approved bar stools, coin operated video games; and pooVbilliard 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 ge 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) -'2.11 No ' off-site sale or consumption of -alcohol is : essand Professpio partially ( consumed bottles of wine as authorized in Business Section 23316:5. 5 2.2. No outdoor . seating shall be permitted unless a visioe Conditional Use ns tof the Tustin City () Permit is approved pursuant to the current pro Code. (2� 2.3 Hours of `sales of ' alcoholic beverages shall limited be during all bus Hess food is available. Service of food menu items shall hours. (2) 2,4 Operating hours shall be consistent� other businesses i n the commercial center. The sg�resbe1100 pm. 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 supervisor shall be present Yn 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 shallbe located entirely within the :interior of .the restaurant during normal business, hours. No sexually oriented business shall be vonducted on the premises. (2) 2.9 Authorization for the ..on-site . sales ' of beer, wine and distilled spirits (ABC License .Type "471) 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 fc* a period of six months, or unto 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.00ln operated video games and two pool/bUllard *tablet fafib referred. to: -as amenities and improvements) on the premises: if the Guidellnes are amended' do 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. . Planning Commission's determination at the owner's sole expense. (5) 2.41 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 facliity 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 fitter shall be removed from the exterior ' area around the premises including adjacent .public sidewalk areas and parking areas no less frequently than oncQ 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 PLANt FLOOR PLANS & ELEVATIONS (4) 3.1 Exterior elevabons.of.the building shall-lndicat6 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 an locking devices.' The City's Security Ordinance requires that lighting at. exterior doors, driveways, and parking areas sha11 provide a minimum of one (1) foot of iilumtnation. * 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. Pians 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 -dosing 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. Pians 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 priorto'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 fine 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 commerci&type cooking equipment shall 'be submitted to the Fre Chief for review and approval. FEES (1 j . 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 cashiers 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 Con1munity Developmerit Department thee above -noted .check, the statute of. limitations for any. interested p rty challenge the environmental determination under the proons of the Califomie Environmental. Quality Act could be significantly en. ned. 9:=*9o/W29LL-dM . 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: Saltarelli, Worley, Doyle, Thomas COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED None COUNCILMEMBER ABSENT: Potts.. 126 n-'PO4 Pamela Stoker,' City Clerk ♦'rY - tis Community Development Department City of Tustin ENTERTAINMENT PERMIT 300 Centennial Way Tustin, CA 92780 (714) 573-3100 BOURBON STREET RESTAURANT —14131 REDHILL AVENUE 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. This 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 notified 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 entertainment and- oubiic dancing snali be located entirely within the interior of the restaurant during normal business hours. G sexually or er,ted i ese oh ! be ^�►'1'���ted r.n the tpre Ilse _..N.n .,.i......... b�s'tr'...... �3I. ., ....� ...,�., .... , :, r...�. ,,,.. .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 ✓ -��' Elizabeth A. Binsack Director of Community Development LL:eabAxxxbonstw"ffNLdoc lh, La mith,-Avw�e�. Bourbon Street Restaurant xhibit O'�)i-7P-- �F ITZ 8 PUB & LOUNGE# 14131 Red h1l Avenue Tuath CA 92780 OPEN 7 DAYS 4PM-11AM SUNDAY -THURSDAY March 3, 2006. 4rM 12AM FWAY & SATURDAY RECEIVED (714)665-2709 MAR 0 3 2006 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: COMMUNITY DEVELOPMENT I want to dumk 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 abetter dialogue would go a long way to creating a better understanding between Fitz's Pub and the City. Understanding leads to compliance which in tum 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:.. a 1`' a �'pM�T��P1 pYEE CHA_ NGES February 20, 2006 I terminated over 50% of my existing staff and hired new managers with with On F ry ce than the previous management. I too unhappy significantly more restaurant experience the type of clientele prior management seemed to be catering to. I stablibelieve management and shment. I understand that employees have a dramatic impact I m not just trying to pastions of any es the buck. In fact you will note that at ultimately I am accountable I informed you I was our meeting, prior to me having any knowledget Iii M Ted uR concernssell and Ms. Heather about to make many personnel changes. Three days are m on site managers' Additional information about them can be provided should enco �B� Bausch y will have the most dramatic impact on operations. so desire. This one change alone you to introduce yourself to them and see for yourself- stEP 2: T PEOGI Please find attached a copy of the live entertainment permit issued by the City of Tustin to me on I amm rrequired to Provide a "hst and appropriate that this permit is valid until abandoned or revoked. I note that July Itis my riate information of the proposed entertainment" e to the Chief of Police. Please provide me with either a fax or email of the Chief o entertaihis si i attee so on - as to facilitate compliance with this conditiI trust that all estaNishments 'ts are required to do the same as I believe it may be unfair to selectively add this burden to Perna my establishment alone. p 3; tent TRS OF OPEBATZ4�I (bo& Kitchen & Facility) STE hours are 4pm to l 1pm Sunday through Thursday and 4pm to 12am on Friday and riS��- Our Please find attached a photograp h of the hours posted at the front of the building open the same hours so that food is available at all times. Please find attached a spy of our menu. It should be noted that at times in the past I have had cooks either notshow up t�allym show up late or leave early without pew• I have alto. on occasion, had eq ipmeu malfunctions that prevented me from serving food. Should either of these events occur again we will close facility until we are able to prepare food. STEP 4: RESTAURANT USE: that the facility is nd operated as a restaurant. I will agree however that I am not certain I conte what that means and I have no intent to parse words. We have �n ted of �� particular condiments. It appears that the City's requesting that tables �' rtant to comply with the intent of the condition. Aga. difficult to identify a particular table setting, its more impo fashion. While seems in keeping with the spirit of yyour request I offer the Again, following: -Each table will have a container which will contain: multiple utensils, menus, assorted T 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 same height s bar stool seat four(4). Thew tables are higher than normal tab ting and is 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 levd 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 eablishment would be more "food friendly" and restaurant oriented if three or four tables, appropriately *see, were outside. This would also discourage the "smoking Patio" feel that appears to promote'littering and loitering (Please find attached photos of signs prohibiting loitenng). 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 di �t Fices. Tlierelyincreas food sales. To further enhance the restaurant image, employees Peri tted to in the front of Fites 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 gready reduce smo in and around our entrance. sM 5: RJCUME 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 Saks. 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 u time. M such as documents- �suusmsuspect most two weeks I was given to obtain them is just not enough y accountant, accountants are at this time, is extremely busy during this tax season. I would respectfully request an additional sixty(60) days to get these docarmerrta. 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. CONCLUSI It is genuinely my desire to render dais establishment an asset to both myself and the City. It is my understanding that the location has been problematic ever since Chuck's Hawaiian Steals 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 a: I have owned the establishment. First the State with 0 Redhill -improvements and now the County Sanitation District with sewer improvements has made it very difficult to conduct -a restaurant business. with Finally, I wish to reiterate my intent is to work' with the City and all conditions. I am ask t the City be patient, not here to quibble and draw fine limos of compliance. I would only allow time to " turn things aroma' and give Fit:es Pub the opportunity to shop 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 2609 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 significandy delayed. Very truly yours, Gregory tild Fitz's Pub & Lounge, Inc. cc: Justin Willkom, Senior Phmr" Scott Reekstia, Senior Planner/ Business license Brad Steen, Code Enforcement Officer Department of Alcohol Beverage Control 'Alt LLM kit [Exhibit # riTrs PUB 8 LOUNGE 14131 Red hill Avenue Tustin, CA 92780 OPEN 7 DAY5 4PM-11PM 5UNDAY-THUR50AY 4PM 12AM FRIDAY & 5ATURDAY March 17, 2006 (714)665-2709 Elizabeth A. Binsack Community Development Director 300 Centennial Way Tustin, CA 92 780 Re: Conditional Use Permit 98-029 Dear Ms. Binsack: Please find enclosed photos I referencedin 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, enclosure """►'`sem=1,��_�J Y+4 1 5 1' mid r� i 3 `•i!"' Y.d ;'. � ' �.,F w .- - . w `l,�s "�+ � � t � , r ;� � _ _ .p1 - - x:. - �� --.. S y ,. i� 4 � .. �.. �J c.. j,ui� _ r:.�r i :. g3 w�' �-i f - . 4 t � �A � �` �' .� _ =�� _ Y � 'r ' - �: n2? � r Y ,� ,�, iYi �� ii — s �_.� ,,, � � _ �, • �. / ,, j, � � � _- _ , � _ i �'.'I- 1 -_ =.:, .� i „�� a r� � � , s,r .t c ;xt ; X13 - _ _--�i��j� a � * � S 5:, lli fix;` � '� -1 r � "",�� � ti .'i ; axy �� 9th ?r S -. - ;i t � �`p � E���e. tea: "•�.`r-.�6..'.; �� ;' � 3 o _ - � ,,�: t _ J r �^ ,. _� �-- - - _ Em0xhbi t Community Development Departmenl City of Tustin March 30, 2006 Gregory Fitzgerald 600 North Tustin Avenue, Suite 260 Santa Ana, CA 92705 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 "E)VUE 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. Flu's Proposed Corrective Action. Fees will provide quarterly sales reports to demonstrate an increase in food sales. F'�tz'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. Fitr's Proposed Corrective Action: Fitz's kitchen will be open the same hours as the establishments. Food will be available at all times. S. 6. Fitz March 30, 2006 Page 2 of 4 City Response: Food shall be available during all business hours. monitor and visit the restaurant to ensure this condition is complied with. The City will 3. Condition 2.4 of Resolution No. 99-29: Operating hours shall be other businesses within the commercial center. The closing hours consistent with Sunday through Thursday and 12:00 a.m. Friday and Saturday. No new patrons trona hall be admitted after the closing hours and patrons shall vacate the premises within shall (30) minutes after closing time. within thirty Fitz's Proposed Corrective Action: Fitz's hours are 4rn to Thursday and 4 pm to 12 am on Friday and Saturdays. P 11 Pm Sunday through City Response: The City will observe the business hours to ensure coin this condition of approval. compliance with 4. Condition 2.9 and 2.14 of Resolution No. 99-29: Authorization for t of beer, wine, and distilled spirits (ABC License Type "4 he on-site sales use of the subject premises remaining a restaurant The entire -facility, which upon the all three (3) levels, shall operate exclusively.as a restaurant During business includes least 80 percent of the premises shall be designed and used for and must Possess at necessary utensils, table service, and condiment dispensers with which to serve meal to the public. Should this use change or be discontinued, authorization for s Permit is null and void. this use Fitz"s Proposed Corrective Action. Fitz's contends that -the facilityis as restaurant Each table will have a container which will contain multiple utenserved u, assorted condiments, and napkins. Servers will be instructed to as sils, menu' would like to eat, as opposed to what they like to drink, k Patrons what they Clty Response: The City will observe the proposed correcpve acttion an inspection to ensure compliance with conditions of CUP 98-029. and will conduct Condition 2.15 of Resolution No. 99-29: "No Loitering" si entrance of the business. 9ns shall be posted at the Fitz's Proposed Corrective Action: Signs prohibiting loitering had been installed. City Response: Action noted. Condition 2.18 of Resol#rtion No. 99-29; ) area around the premises including adjacentpublic side) � removed from the exterior no less frequently than once each day that the business is sidewalk and parking areas It was observed that cigarettes were thrown by patrons and employees on the ground into the parking lot and the parking lot 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 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 twelve (12) bar seats 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 six (6) stools will be located on the main level and fifteen (15) stools downstairs. City Response: Consistent with the City's Alcoholic Beverage Establishme• Guidelines, a restaurant may only have a lounge or bar that is ancillary to the main 6, of a restaurant. Fitz's shall comply with the approved Conditional Use Permit and ensure immediate compliance therewith. . 8. Fitz's Propose/ 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 that the above corrective actions shall take effect immediately. To ensurb 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 C 98-029 would result in proceedings to revoke the Conditional Use Permit. UP If you have any questions, please do not hesitate to contact me at 714-573- Wiilkom, Senior Planner at 714-573-3115. 3031 or Justine Sincerely, Elizabeth A. Binsack Community Development Director Scott Jord Police Chi cc: Paul Garaven, Special Investigation Justine Wiilkom, Senior Planner Scott Reekstin, Senior Planner/Business License Brad Steen, Code Enforcement Officer Jim Draughon, Redevelopment Program Manager Department.of Alcoholic Beverage Control EExhibit 05/04/2006 11:13 05/03/2000 51:11 FAX From: Fiayd F'aram Do". &►312006 6:02.43 PM rum FW. CUP 94-029 6A1M ML allow pW*W me to otWI M: ThW k you. Floyd F*&M FARAhD & KIEVIET PAGE 03/07 Q002/004 Pagc 1 of 1 05/04/2006 11:13 FARAhD & KIEVIET PAGE 04/07 06/03/2009 21:11 FAX Ms. Mizabcth A. Bhnssck Community Development Dirwtar City of Tustin RE: CUP 98-029. Fitz R F- x- - mt,14131 Rod Hill Ave ms Dear Ms. Biasack: W Haeme is Floyd Farauo. I am Of C=wd with dw law ffim of Farago and KievieL We we located at 2300 B. Katclla Avo., va AnabeinL Our %lepboae au nbers are: voice &C$iM& . Our fom was hired by W. Fh2gcraM late in the aflewoon of April 25 to reprcaent him in the mattrr of the store of big compliance with. 6e s*oa CUP. I am coubaftS you by eawl because I am out of own x dwM not rotapm until Friday April 289 2006.. Mr. Fitzgeaald retained as bean hie really has very little lmowbdp of these matters and because of Mr wensive andvaried ea"riam in omb aafor matotm Munbers of the $nm have setvW on both city ad cormty PIN Comm ionsy rV%. abed cidw as oaM! ract counsoi an code adomecnaat casae and lntodr+ods ofcL%w in such mattes. We believe dw we are ablo to utRiu Ow cgxdenc a and Iwowledgc that we have learned from "both aides" of code fa+cen-M WNW' On 1Monday, May 1 Mr. Fifzgmngd is acpoctcd to comply with a ra pmw made of hire by yotw &VEtMWL I aronld very mush Ilio-. to meet with yan an that date to iliacus that Mpwst,1w. Mt Me aws 00000pliancx or lack tlsereof wft the aubjeot CUP and bis Um in the City Of Tustin. Mr. Fit Mauldbw famed copies of the controllnq doeto and I intend to pboWly iLct dw bcsWesa in gttustim imrnediid* upon mlzeft on dw 286 and will be able and prepared to discuss all of &a immes wNb you and/or any snemebw(s) Of Your staffat the time of our Va should you so agree. Q003/006 05/04/2006 11:13 FARAND & KIEVIET PAGE 05/07 0004/00• 05103/:ooe 21:11 FAI I can not remember of ever having raprescned a cliew in The City of Tustin, bowevey those with whom.1 lava wodmd ]mow that MY pxactiCC is w sohc problems M*w thea employ debyin ftctiCL I aay ibis to let you know diad I did not gV" to represent Mr. Fuld to be a now few that is being used to delay the solution of baa probleme.l understand bad sides of the isms and hope dw X can help to leach a solution that Sdides eMyona I ainoer+ely brope that you SSM tv noises with me either an May i or on a daft and time sniMMe to YOU and/of your std I have summit May I only beeauec (IM is the date on wbich Mr. Fit %MUW was W bwm submitted kh n obw and da not want that daft to piss widmm s positive ed£ort on our PWL HoPOMY you will re and to DW request either by emrail bo: ifto c telepb�ow to my OTWO sl and leavia� yawn rewm with the ap uff. Email TAII MU& me more quickly. I apology *C do h t ow of thin rr� wd bank you for y considecstlo t bok ffwwdt8 meed�n you said contt�ib M iM—i0 the noted= of a p vb1a dW I know is a t awing "paie --eo nee the vernwolsr. very U* Y00% /sl Floyd. L. Fwsaw� fat Farano and Kimdd EExhibit. 05/04/2006 11:13 06103/2000 21!11 FAI From: Moo Faraw TOC ENZaboM A. BIM* Oabr. 5/1=8 10:05:27 AM Subject Fitts Pub FARANO & KIEVIET PAS 06/07 laOOi/004 Pstp I of l Toft is ft day tfwt Mr. wM dua to rrwparid to vu mpw d Q» Coy Of Taft for i ft. -.aft Nv smai lacer of Apri129h today regwatirrp s .-mw* p w1h You wKft your drown sW rtmmbm is kiartd. to 1ta fQ lm of IO MM I I haus rdwrad than rr Y b* ra+ri WW ft. 0pprvptldl dooultwnb and ilwpscMd tho proMim In 4eMion mW sm prepo,gd to ~Was dhKmodon d erry sc0pa Oen wAV Rt. pNM@rWs sipalbm I ward 1 O mmVe s mMlk+p at your «Hirt mr+renlorm l mould ft fo wMas you 1n advwm mea Qts ao= r*g kibjnafon'you m*w wo las not as yet bw oanpkbA howww. I bWWm to • ivmd am wlhw that hib moft w wo be podLV" You rhaW do be adWrwd to W. Fltprldd Is h oubw domw@M wih a proaptacA n pud� 0t'tM Pud'. The praspsctlrs purOhaMr is tlls auooessltd oparslor d swerai down refalfWrarMsl� t wadd ba ar 6iar21017 b0 hilly dhClOfb a1 dMabo0no0rTIM'1l X11! prOf+pfa0r�pinp0eed 1D Me of M%Mybn*w 18, M� artatrr 1w his maarods mrast 1hs sxpactgeorr or tha I look forward to your rsspm ims, Floyd Few o ff F.rano c Rwo Nuts You A— PC:l Womans'fi24rnd'X20 1FIoydll ocaMG203sm'ings\Temp1PLP41FAMP 513!2006 E.xhibit 05/04/2006 11:13 loi/0'/2006 21:11 PAI FARAhD & KIEVIET' I f mvi: Floyd Ferarro To: Elizabefh A. Simck Boa; Gne9 F*garald, Larry Smith; Tom i vavW Ckft: 5rjrAWO 10:26:12 AM Subject CUP 984 Lim Bkvm* PANE 07/07 Q 0o0/000 Pale 1 of 1 1Vd hrvtr�p revaivrad &I � my recy�rrt for rv101 you sb■bs d CUP 9�Qid I enr anon a M41M" foot w�oh a meednp war plaor+ at the on"opporhr+ily: wNh sfte axoep0on d Ifoday and Frft May fk2=1 aan aovomrnorlrw air tlme>twt 1a vorw+ar�er*11or you and�oryour eeiecbd araif mwnbara hm Mr. Flt�gr mM 1 vm told that durhp Lt Fll WWalft mesltg wih ft Cly d Turtle a 8ergwr+iR of t ae depworwrlt wm p vm t and twt ft 8ar0Bart ®ot OOMibM pr�oatl�utlort acteA4►f Idr. Frb;p ald me I eonaid■r comnwres 18WO h praatlhflon ar orhrrind ax2lrl�l ip br+aatiwrraly sarcous h nMue eo the aodent va Im poDaby► Oi+errtde the t2ap probM I Ox Omm 0, we aro rnOKOvdour to 10DOW up on 110,6 aomrrnerri� 1Nr want you and other auhor�ea h Tta�'r 10o Ino�w drt auah aolMMlas w11 not bti caunbsnwit, sd and Mus vA grab Pu" the U q m and aorw dlon oIIANY OW who ar�paaes therein.11fla �r0 re4+rd tlwt WyY MII�fT of rrhioh rn� Ire occurrrd, is ooaurrinp ar is pl.mad b oaa� naw or h er.fi,bie bs irnrntrdalry brar�+t fie d welort ar W. Fberaid and myga. i would airy go to hove fir nam of the PvM Swgm t In queatlarr. I rYoW ft b speak to tie aorloarrMin0 dds sb"IIan. VIS dafrwa t 20 purar ffs siltiort in a cwc Adm as m ocedbIL c andy, If you wvA p WwIt at my a<i pftd rnaatlnp be held wlh the City Albrney ar to MW tOpO m wih yow saw p "ffd" the rrargements irl to mwwsr. or, f you tlmim prehrtw I --I - 0r ft rrrsetirg wlh ftCIVAttwrretl that rrl.bo lMt *wwm*. Th be bdd, l amt wWrig to trace meetkp In err ml�lner, dmak pWW wah OV stab or bolrod dairargrmerthat nNe10 Your p- W M M F'a 110* %rwwo 10 ym raep , -11 F ftd Fararro d Far+�n0 trek Revolves Aramd You EExhibit 05/04/2006 11:13 00/03/2006 21:11 FAZ Fran: F"d FWro MW SJj=o 6.02:43 PM FW. CUP O&M EI tA-el. 8:M41 AM Sabo* CUP Mm ML WfAWK pMw as to @Nor Now. Thw* YML Floyd FirWW FbIMWd F� _ Ct Yow o EsIM.i� FARAPD & KIEVIET t PAGE 03/07 Q001/084 Page 1 of 1 05/04/2006 11:13 od/o3/2004 21:11 FAX Ms. Mizsbctb A. Bia6nrk Comumnhy Development Dhow City of Tustin FARAID 8 KIEVIET RL; CUP 9S-OZ9, Friz Reetaanm 414131 Rod Bill Avemo Deer Ms. B My =me it Fbyad Fkram I gm O(Ca=W wgb dw bw &M of psw 8d Kieviet. We am located at 2300 B. Kfcila Ave, is AoehemL Oor teiepbom IIn wxn we voice Oussimile Ow firm wes bund by W. Ff mgaald lata in the emnoan of AptA 25 to re mocut him in ft Mona offt stags of his am WA dw subject CUP. I sm couft@ tg you by emal because I am oid of own and wilt not rete m vmffi Pr;&w April A 2W& W. Fitte=d rembW ns beaaase in realty ho vary Ifiesle boo*Wp of throe mama end becum ofotwemn" and varied expaori = in code enNoRcceuamt stir WL Maabm of ti a fh m have sexvod an boll duty and comay Mulin Co y allediafio as caatsl COMM in code c fts" meat cow mdkndm& of climb is suet mattars. We believe that we we able to utKu the eacperienoe and "ledge dw we Have teamed ftm `bolt eidos" ofoode waft i cemrat iaioee On Monday, May 1 Mr. FifzgwM is m9 ectod to oampty with a request mule of biM by yow dqm aneat. I would very much Mw to meet wi& yon an that dde to &m that request; Mt. Fuprald's camp -am- or lack dwmof with the subject CUP mid bis Rams is the City Of ostia. Mr. MrSOMM bw faxed Cope of the c,oesmlli% docmwn to me. I intmd to p4okil y inspW the bm test in qt ufm immedbt* upon nary retum on Aw 28th end will be abk and prepared to diecuse ull of the bgum with you aod/oar goy membm(s) of your stag at the thm of out mm&W—shmM yon so arm IP L PAGE 04/07 Q100!/000 05/04/2806 11:13 FARAhD 8 KIEVIET PAGE 05/87 . � 001/000 05108/:004 21:11 FAI I cin not runemba of ever havk* lopt.,maned a client is ne City of TUS*4 b.—Il-, ftw t wh m I have woftd kww that my p wtkc is to 301" problem rather tbaa employ dekyft tactics. I say ab to let roa know &M I did not apse to represent Mr. FiUS=W W bea new Am do is being used m delay the solution of bis probl=L I bo& sides of the ism and hops dui I can help to reser a eOMM drat flet wmyvm I Amm*bVe dmt yon, roa tv meet wi& me either anUW I or on adds and time moble to Ym ead/ve YOU $tE I have onapsftd Mw 10* becanea tjt is the date oo wbich Mr. FjbWv sld was to bra M*Wftmd wA do not want dist dit to Pius wi&" a positive ef£ori on our P- Hopady YOU wilL r0q0°d to my r'egoest eidw by emaii W i0m6boomm""or telepbom to my ofoe at and o Yom reapowe with the operator. BuuD will teach me mode goidrly. I ePolooud r dta of this mind deem you for Y i c;oeai�decatiot , lbot to mem$ you =d contz2amftto die sobW= Of a pmbt m dtet I lcww is a Uo*&$ "paid'---eo nse dw vauwu w very tnly Yom% is Ployd L Fummot for Faraao sod K.iavWt ►a 05/04/2006 11:13 04/01/2000 1:1:11 FAt Raw: : Floyd Farano Ta EM;trab-0. A. Sinn* MO.- 3 IMM 10:05;27 AM Subjtwt FWs Pub Mb. Btvaak FARANO 8 KIEVIFT PAGE 86/87 ®001/001 ftp lofI Taft is t w dW that W. wm dw to naperrd to tfw rages* of ft Cid► Of Tuft for is ..mft W mal boor dAM 2liMt andrttaas�pa left requomUtp a,.mW wbtr you artdbr yoa<d�ow, aMMf rrisnrbsrs ra t�ndad to u tM the oplo -n h 1 have fakowd Rom wW b% rauhm !w appy apildo domra is aid kopacbd to pWiw in Uon w d w pneparvd to *Vmrhba d uiMm of any soopo aeno�enirq tom. FWW- W- Wo si�kl M 1 teoLdd ft 10 air+anpe s rttafdrq dyow arr - 1 a wwwOorto I would 0 XMO you in advwm 90 the seaat,rdi�p t+iarntalon.yoa howww l bWWm Chas notasret twsn oorrrpYtad, thata nwW am Mr�arrt that hle�rrtstlon woad You *akW des be adrisad that W. Flt prdd b In wtar dk m ft wm a prospatd" punrfr ot'r" PtW. The prvspaallw pu haw is Sta uz==U oparaier d wtror�l sE down 0 wood ba ar trosntlort b ter d cbwat d.lwl. aortorrrrtp fia popoead on a[apsratytp tltr*MW b mato asrtaMt fist Itl! nrdtt ntagt the eo�acroorr or CI I d T1�tln--prlrrta tlW o0nw9+rnadon %R MW ww► I look tbrward to Your rospe:w, Floyd FWTm I Farar+o Ear!>LM Ratio tm You, • 4�d�20•1Fioj�dllocalXZ03attta�a\TemolEi..P4 iF 05/a4/2006 11.13 FARAND & KIEVIET PAGE 07/97 • 1 11 [B 006/004 #od/03/2oof 21:11 PAI Pa6e 1 of 1 Prpnr: "Fa mw To: EAzaboM A. Bk*** Boo~ c," F%cprald; La" &n* Tom K'WM Dda &%rA=1&.26:12 ANI Sub] CUP 98-02 Lim Bkwoft iVd "Evi"p raoeh�d a nspenss b nfY raq�tsst for trfeairrp.vNh you oafoareinp the stats d CUP 9s 1 arw 0 we saw nequwft to Vim a rnesd iv trot pisoe m vow f d loft and Feo* MjW gk�" f amt acasnrnodoM oV fto #o b gMvwo t for you snWwyotrssMcbd aWnwiftMs. rii departrresnt war prossret and ttfnt Sha Sarpsant apo& of pmw Pnosmullon acallrl�� d 1Ar. Flt�srala er+e l eerfaltt■r aormnar>is ralsoq b proMM prf or alifith et s *AV to be O& n b scrims h rtsbura to the &&dant theriot' pneaair &&rids ri. ! pootanMnreq�rnMlrwe n mo�tarocloue b raw UP on d>w donrnerits. Va v" you +end *w auroVm it Tuft b mow 94 such S*Ab swM notto oounbsrantwd and thatrra rrtl twbl P�+r'ss � �'�4fWAMYwW� uch wW mw � �o Stash. ne ID nm am tris be t�ra�+�t b fa atbrom of W. herald ad aoDfxitrfp ar t. Pr*� mySW. 1 would abo Sob halls the name of tw POW ft[oasr� h ques0orw t vYioe114 � b spoakto h1eA apnosrrfrp dis sbm"L VVb ig§itsir want b purser ffis Aundon to a oono0Mi0rf ar quid*/ as posdit dear. ryouwatld pr.lbrSrat nry►gr0h f+e cirlftnslr assts lead tgprrtwwr+yvar stdr vlewra naNaff. rrwnpewranis rf fit mar.w. Or, f you flrlhw Stat I arrrtrfps ri w■mwu wNh fw CfV/tttwnsy the rr W swamwMt rnw.Tb bs W antwwm ta.hser�ti wreefi.0 In arw► mount. da% plao�lwlt � �artwoddarrar�prnrort*�otrn0elayourpcafirunoa . l tooi<1brNd fay" rwsporra�, RWd patens Wr+ans Eartnt, nk a ur d You Exhibit 05/04/2006 11:13 FARANO moo— &— KIEVIET LAWYERS NUMBER OF PAG TO: Elizabeth A. Binsack, FAX: (114) 573-3113 Community Development Director To call: 0 City Of Tustin TO: RE: CUP 98-029; Fitz Restaurant Our File No: 2445.0001 TIS DOCUMENT SENT: Letter dated May 4, 2006 with enclosures. IF YOU DID NOT RECEIVE ALL THE PAGE; INDICATED AS BEING SENT PLEASE CALL 714-935-2400 AS SOON AS POSSIBLE. THE WRITTEN MESSAGE IS FOR THZ EXCLUSIVE USE OF THE ADDRESSEE AND CONTAINS CONFIDENTIAL, PRIVn,EGED AND NONDLSCLOSURABLE INFORMATION. IF THE RECipIZNT OF THIS MESSAGR IS NOT THE ADDRESSEE, OR A PERSON RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE ADDRESSEE, SUCH RRCTPIDNT 14 PRORMITZD FROM READING OR USING THIS MESSAGE IN ANY 'WAY. IF YOU HAVE RECEIVED THIS MMSSAGL BY AUSTAIM PLEASE CALL US IMMEDIATELY AND DESTROY THE TELECOPY MESSACL REMARKS: URGENT [ I FAX ONLY [ X j ORIGINAL TO FOLLOW [ j FOR YOUR REVIEW [ j PLEASE COMMENT COMMENTS: S:\CLIF(YTlQAC'rWF\2"SUMS000I1 mwldax 05/04/2006 11:13 FARAD & KIEVIET PAGE 02/07 2300 EAST KATELLA ANE SUITE 235 W M CA. >i2906.8p17 OWFAX May 4, 2006 Elizabeth A. Biu =ck, Community Development Director City Of Tustin 300 Centennial Wary Tustin, CA 92780 Re: CUP 98-029; Fitz Restavtaert Dear Ma. Binsect The Law fim of Parano dt Kieviet and I were retained by Mr. Gregory Fitzgerald on April 23, 2006 in the nutter of CUP 98-029 and the operation of Fitz Restaurant and Pub. Mit. Fitzgerald was, at the instruction of the City of Tustin. to produce caawin documentation pertaining to the opamdon of the subject business on May 1, 2006. The requested documentation hat not at yet been completed However, because Farago. and K,ieviet have subsMtial experiaace in code enforcement matters, we felt that a meeting between we and you and/or your selccctod staff would be producdve. I c=mumexted a request fee such a meeting to you by email because I was out of tow >rt and traveling at the thne. This request was intentionally made prior to May 119 for a meeting on May 1" because we did not want that date to past without at least a discussion of the matter having taken places Since my return I have conveyed two additional awd requests for a meetim* I also made one telephone will to you with my request on May 2, 2006. Oo the chalice 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 W. Fitzgerald's situation I look forward to from you concerning my request soon either by telephone. email at or facsimile. V 1 yours, o Farsmo Farano and Kieviet,LLP Enc. 119clu 9,NCi.TRWI%AC77VV40P,2443=1karnrp�bMrKMJMrMo LUIBLJTY PARTNERSHIP 05/04/2006 11:13 05/03/2004 21:11 FAX Foram: Floyd Fff= M1o: :WMG 6:02:43 PM Subl4& FW. CUP 96.029 RNM yOd1 AIA Odom* cturp ML 9fdMM PIWs iso to Atm I i I~. 7hw* ym Fbyd Fw" Fir�ro tA�ll? b �Oft�. FARANO & KIEVIET PAGE 03/97 la 002/004 pw 1 of 1 05/04/2006 11:13 Od/03/2000 21:11 FAX Ms. Mizdm& A. Bios ck Cow utmity Developmem Dhoc w City Of'l usem FARANO & KIEVIET RS: C 0 9$-029, F ft R,p", B zaK 14131 Rod lain Avemn Deer ML Biasscac My tame is Fkq d F'Mw. I am Of Caxwd wig deo law &= of Fuaao and KWViet We ane Located at 2300 B. 11061h Ave., iA Am&eimL Oar %hpbaw munben arc voice , &csimilo Otw firm wad hired by Mr. FhzgmWd lad in the af=oan of Apt ZS to re x=ft him in *0 mstlar of dw Oft ofha coutpliance WA *a 3*0* CUP. I am coubcft you by eio A be== I am out of own and wM not 1r1A = =W Ph&y Apol 28, 2006. I& FitxgeMM mahw d as bac mn In really las vay lit le kno O of these nvufts and boom of our ext"" and varied Hca in code mtbrcem-fft matters. MewbM of ffie fim have =%vd on bad city and COMy Co ' iepnesaa:te 0 CkW sa 000trsct oouosd in code azCore - " Oat cam and knAr ods of clkft 1st such aw ON -5. We bdf M acts we we able to nt0%e Ota ' and"ledge dwwe have learned from "bolt Mae,ofcods at tircema irws. On Monday, May 1 W. FitgP rAd is apfticd to comply wi$ a request made of Um by yoar d%,k,M at- I would vary =wh Moe to mous wig yo4 an does date to dbm Lociraqu K Mr, AuSa d's ooaaplfa:,cx ca lack thereof witb the MAjeot CVP and bis is the City Ofrusda. Mr. Frizg=Mhu &KW 000" of tba cow +oltiag d0cmuft to mai I i nftd to Pby kADY the bnagp m in gnesdon kftsdialeiy Upw my rettn on dK 28th and will be able and prepared to diecose all of the bmM wi* you sodfa say m=ba(s) of yow staff at the d ae of our wwftS—ahould you 00 agnea. PAGE 04/07 la00!/001 05/04/2006 11:13 FARAID A KIEVIET 05/03/2000 =1:11 FAX I cwt not amber of evar.having lop cmWd • client iA I"M City of Tustin, bowevrr, tbose wi& whom.1 bave wodmd ]mow that my prrcdico is m 30hrc problems ra*w than wVIcy delayft tactics. I uy this m letyoa kv w That I did not agree to represent W. Fitagald to be a new fu* dirt is being used to delay the solution of bas problem.. I ruder and bads sides of the ium and hope ddt I coo help to meach a whdion dw t sWdn evayom I siaoer* hope that you agree to MW svidt no either On ley I or OR a dd@ and tmse anitable to you md/os ym staff I have sugpsbd May I o* bemoc that is the deft on which Mr. FitzgaaM was to bane submidfed infbrmotian and d0 notanent ted date to piss svitiwN a positive IM oa oaa P- HqpeMy you will respond ti0 my ngoeat aidw by eami Re felspbow to my offiiot at and leaving yoga respoesa with the op uatar. Ema g anl mach me mode qW=W. I spolodu ftdw b2coom of titinadd dtsmit ym for xvovr consid�aratioat I look fixwn to nme" yogi tad coorbadogto dw sohdw of a pmbbm tot I know is a tro*&S mord'--40 vee 60 vMWWW. very mft you% /It Floyd Lr Fmsn0. for Farano and Movies 2 PAGE 05/07 Q004/000 05/04/2006 11:13 Ob/03/2006 21:11 PAZ Fmm• Floyd Fmm TOC EtWbultt A. Btn3m(* pas sfirA0010:OS:27 AM Subjswt Res Pub Ms. Stowe FARAND & KIEVIET i PAGE 06/87 la005/006 ParIof1 wmdmto man � lWw IS ft fAAW 2t rrd art iip� e4+0 left me � you im pft yaOf Tuftrd aW Ing ■rs to tit■ndrd to ful lm to -010-Nm I l bare eMtnted Boat nb � �s+rleread 1fN r�ppevpelMs doote�rtseeb and i'lsparled tr psmlNs In 4ee■Oon atld a prepsrad 10 � hba dleo�,iwion ay ani► soop� aenoMnirp Mr. fM�O� s��llett 1 t�a�d 1�tie rrarp� • 11WO 91 your or -9 , R mnraeOwraa, I weedd ft b taNr you in aolr wm to the soam Nk 2ft, m" you ns¢ww4 roa rat as pat bm coI bWb a tM a moss rp mm *MW the hlbwed be podia" You dmM MW be Bch ha d to W. FftgWWd b h mbw damr■bn wlh a poepoWn ptmdm ar ormn a Pub+'. The P pecMrs pumhmW b be uxmW "oprratet d •evaeal wi down es rerrta t wand d• ar IrwanNorblldlj► droloseam ale oonaRrMpfhe vroapeolanrMOL91 fo tfiev0�+nulbn aF�� 10 no" aMw a«isln that t�It maeai naet e,r axper,�tteer ar �e I look bwad 19your i m lF ram Floyd Fa us Fier Ea"hLJ* J�ayo Y t itAC:IlDncmaetsl420and%20 1F*dq oar/.20&gdnp\Tcmp\EL.P4o.tmp 513flW6 05/04/2006 11:13 FARAhD & KIEVIET PAGE 07/07 od/O8/2O02 21:11 FAX Ffts: Floyd Fe nim TO: Eli sbelh A. B Boa: GM F'ftgo kt, Larry Sm* Tom KirM ogft- W3r.M 10:28:12 AM Subp t CUP 98 - mg ma Brv■ k ia 006/00• Ptgp 1 o1F 1 NOt h�vinp rsoahAd a irtponst to far a mr+ q.v1h You oonoemirNMI= of CUP 964M 1 M Orta ap�in t+equeai� >hot w�o1i a mettir� itlot prop otft fteR01011 I d k ft and Frldiy N�p1► 6r 21� i a■n a000airnod�M an�►tirr� that M aornartfwrt br you andlbryairtwifw:t■d sWNma111bwR in app to W. F'ir�g @M 1 wm told VW *Av W. Fri ald'a maa>hp w1h WM Cir d 7 Ift a wm w• . d IIw Tugh Pdkm DwoN arlt vm pawt t aro! 90 ft wain or SIM" proamudon ae0M0►1 IIr. FIS wd 1 evisid r aonrrrm r@MM Ib praatiWon or eitive l scffirJb,Ip bu * w m6 se bm h man b I" atant IlmI ay pi all oraridit ft CLAP pobMnr rdq�itrwyweant mortarorlout to!boort up cn tMe awvnsr*L VIM ww t yatt and ae w auhOffm h Tudh b snow ht auoh aodrMI■s wIlI nct bs oour t- Wit' and MVS w11MUNWIVOY PUMr'dm No and aawMb oFAMY ONE who ar eas thwW 70 Wv _ mgjNd VW ANY MINT �M�fd� �e�■tl how ommK is my� Jim I, IM haw �r n�or„r d Popo wmW w �* 0p tdm � co wms ar p thifa WkmWorL VVb 4db ibti► wr6 to purer ffa sitmiforl to s oorokid e m quiddy as posebla I.aM1�►. ryouw&A prMWthat my txwpftd root b* hW wM t* CRY Ai nmov m Ihs bo tootlF+arwrh your �allptrw nalrifi.a�r■rgtrnrntt nlrt rnmw>tr. Or. Oynua ar 'owl amtrgt a.■iirq wl h ft C V At M my M tn1 br lht wet ap► Tb b brim I am wll$ ion" led In ark muvw. dr* pla►O�, W/t ary sem'Mar errtfod alresi�niwlthatn� yourpMM+wioa 1 lookllam to yotrmeow, Eartii.t�k liawh�a� A�+ound You Exhibit City of rustin Jul 21, 2006 .,�� ;...�� ,�, ty July Ci. -.;!in, ,:A 12; i-3 ..,1 'i7 3 3 1.•;r Rodedck's Attn: 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 shad 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 oc: Property owner Director d Comnwnity Development Assistant Dhector of CormMx* Dwelopnwd BudkMa LWrw Tedwtcim Code Enbrcemerd Plarim of Vw Day Desk Police Depertrrwnt SRMu *mMV WderW& EnterWnmOrd Pennit.doo [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 V06-0368 Dear Mr. Fitzgerald and Mr. Smith: On October 14 aril November 5. 2005, City staff observed your business, Fitz's, operating in violation of conditional use permit 98-029. The violations are as follows: Condltlon 2.3: Hours of sales of alcoholic beverages shag be limited to the hours when food is available. Service of food menu items shag be during all business hours. Cond/don Z* Operating hours shag be consistent with other businesses within the commercial center. The dosing hours shall be 11:00 P.M. Sunday through Thursday and 12:00 a.m. Friday and Saturday. No new patrons shag be admitted.after the dosad hoard and patrons shall vacate the promises 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 promises 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 foodUverage 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 promises 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 8 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 areresponsible 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, DS' 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 Director 6.5 $85.74 $557.31 Senior Planner g $63.24 $521.92 Code Enforcement Officer. 14 $40.49 $566.86 Total $8,346.09 14131 Red HMI Avenue CUP vioMw Invoice Exhibit A 300 Centennial Way, Tustin, CA 92780 - 714-573-3149 - FAX 714-573-3113 Exhibit ';=immunity Development Department 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 iusiin 200 Centennial Way ustin, CA 92780 714.573.3100 SUBJECT: REVOCATION OF CONDITIONAL USE PERMIT 98-029 FOR Fn7S RESTAURANT LOCATED AT 14131 RED HILL AVENUE 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, /Y �- 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 his Community Development Department City of Tustin March 30, 2006 Gregory Fitzgerald 600 North Tustin Avenue, Suite 260 Santa Ana, CA 92705 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. CondlUon 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. Fltz'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 aturdays. City Response: The City will observe the business hours to ensure compliance with this condition of approval. 4. Condition 2.9 and Z 14 of Resolution No. 9949: 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 thar 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. S. 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 by patrons and employees on the ground into the parking lot and the parking lot 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 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 twelve (12) bar seats 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 six (6) stools will be located on the main level and fifteen (15) stools downstairs. City Response. Consistent with the City's Alcoholic Beverage Establishment - Guidelines, a restaurant may only have a lounge or bar that is ancillary to the main u: of a restaurant: Fitz's shall comply with the approved Conditional Use Permit ano 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 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 - "1�7 Scott Jord Police Chi cc: Paul Garaven, Special Investigation Justina WHIkom, Senior Planner Scott Reekstin, Senior Planner/Business License Brad Steen, Code Enforcement Officer Jim Draughon, Redevelopment Program Manager Department.of Alcoholic Beverage Control i1CdW.LWTM Wwvw" .M September 18, 2006 Lary R. Smith 3185 Moritz Drive Huntington Beach, CA 92649 Gregory Fitzgerald 600 North Tustin Avenue, Suite 260 Santa Ana, CA 92765 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: Condidon 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 "4T) 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 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 Hours Rate per hour Total Tustin Police Department 106 $63.77 $6,700.00 Community Development Director 6.5 $85.74 $557.31 Senior Planner 8 $65.24 $521.92 Code Enforcement Officer 14 $40.49 $566.86 Total $8,346.09 14131 Red Hill Avenue CUP violation Invoice Exhibit A 300 Centennial Way, Tustin, CA 92780 - 714-573-3149 - FAX 714-573-3113 [Exhibit 17 FARANO KIEVIET November 20.20% Climbeth A. Difaclt Community Development Director City ofTustin 300 Centennial Way Tustin. CA 92780 'rhmsmitted by Facsimile to 114 573 3 1 13 Odginai i'ollows by U.S. Mail RE: CUP 9$-029 Derr MEL Diauack: FLOYP L. FARANO Ago toy At taw 4%3W EAST KATELLA AVE SUITE 235 �Ma�� x FAX This is in respottse use your letter of November 1, 20M in mletcwc to the subjoet Conditional Ussse Permit. Before I address the substance of yaw letter I Want t to advise you tient Mr. Fitzgerald is no longer represented by Farano dt Kieviest. 7b the best of our information Mr. Fitzgerald will repmeat himself in all matters of the. subject CUP. We will however represent W lorry Smith in the matter of thiel pwceedin& Your tercr ren to our meeting o(J* 21, 2206t slOmoo wrtect in what it s: is eery misleading and prrejudicial in what it drt+es not soft 1. Your November, I lWw mondontr Mr. Houston as an atiandoe at the July 21 nese Wng but dear net. k*Wfy hi= as thin purcl> ow a 0 O(WW b you van =06 owm on July 13, 2 2, it was made wiry elsarwr to you moats earlier that (it) W FiUWW4 Wass in me p accts ofael "Fitt li ; (b) that it had been *At Asa matw Qf. as you will recall, dot although -1 agreed to dbcuar any x4ect tbat you fek appropriate, the July 21 minting was requested by me for the prindpal pApm of introducing you aril the staff to Mr. I oustm aid to make you swam of ha ploy of ramvrstion and the operation of a "full sit down reslour, C You will further malt that prior to ft nwating I emailed numerous documents to you including the identification of Mr. Houston's Chef and magaziaa aMclos that dewn`bsed his a ccompl4hm emb, pest rrstaumis at which he served and a sample of the new menu. Your comments at the meeting left little doubt that you had not looked at or perNps even opewd that email message:, You and other attendees wsere also made aware that Mr. Hoon was in the process of spending in excess of $230,000 to renovate the premises bred invited you and other members of the staff to visit the premises to amum themselves that he was in fact carrying out his promise You A UMTED UABMJTY PARTNERSNP 1 FARANO KI EVI ET made a statement to the cfftt that it was not the intenOw of Ow City of Tustin to turn away a legitimate businen 3. Your Letter don (a) not mention that attar "itedicatinC that the City ofTustin would need to be reimbursed for it's "Code Faeforcernemt face" at iiia July 21 meeting t contacted your dgwtmcm aril caqueeted that these fba and the amount thawf be mule known to us as sono as possible: and negea W a time line as to wheat this information may be expected and (b) that we never rec eivreda time lata ur any crier information in tha raped until yodr Sept 111, 2M leaes-- ahnoat t" monftr altar year "indkaiort' 4. Your lei don nal mendoo my sbtOtettt end the sdateltrieat of odws drat yoer arm and probl. acme with'hk Fitqeraltl tad reel wig Mtn •l'totnM S 1 had the fihdlna.thet the July 219 20C*w z bebtd NOW" Wee hT once again 1'11 say that the City ofTueab S pmbWma aro with Mt. F1 raid end NOT mt. Houston, or. Por that matter Mr. Smith. if you want to Pwam W Fidag "M dum are certainly well kuoae couries of action that will not involva or inflict severe 11- ; 41 haedahip on anyone cisa That f d was motioned by me and pretty much ipote l by you at the July 21 mcW ng. it is ono thing to pursue Mr. Fitxgcretid to whatowr Went you think is appr"Wiale since he is the only "actor'' a algid "tad gtty"• It is aAother thing 10 pursue s course Of aettiotr the efi`act a(whiab is to Puidab Mr. Stnitb Who roaily *dn WOM lad Worse to PWA 11+1&. Housum who is compklely mneme 66aAho other the fo try to take a building dirt evidently Wally displeersod tits Coda Eel 1 rp 111 sW Dapurdr uw and make it into a rresMumm whish the City could weleame as s fine "WW%i aK To do WS is in our opia w is lir wtow lryou pe:slst in a caw+se Cracow dial iavelves ur. Smith assl.partiaetariy intiicNt Onw. Product Mr. SmWi4orismiandke exuwit available uah r the kir. As you pcabsMy .know this proceeding is a disciplinary proceeding and is punitive in nature. Since the city is the accusm', my client has rho same oppomw&y as in a criminal l promution to p vpaen his de le:nse. Please be advised therefore that 1 AM invoking nay chant's commituponed riga to discovery as judieWly r wgpizcd at common law under the cane of Shivciy v. Stewart (1%6) 63 cal. a 473; 53 Cal Rptr 217; 421 P. 2i ie 65. As the California Supreme Court stated in that caws, the riga to p vWal dircove y in civil and edminel cam is will rccogesized in civil cases under the Code of Civil Procedum and by common law in criminal casae. 2 FARANO KI EVI ET I thekrcfore rexlurM that information which directly or indirectty ibvolva or concerns the subjmot Conditional Use Permit 9"29 and the rewoc ation thereof (CUP hercinafter) be provided to the undersigned in a timely fashion prior to the hcadng so that an adequate defense can be prepoed. This includes the folkrwin j; dmurncuts and inforrrtlativn: I . All reports. lettem memos, notm emails. telephone, logs, electronic troordings of eaneactings or confacnew or any other means ofO mmunicaatim involving this CUP that is at was pmpwW by nary police or law a nforcconat agcy. This information shall also include the mattress and.addmses of any and afl wig and 2. All reports. etteM memos, notes, molls. ttrhora top. elwftaio tecardiogs of any meetings or conferrnee s or any other mans of'cornmunkedoMtn involving this CUP tWd is or was prepared by any and all code enfaxement pemmml, This infrmation shall include the names and addresses ofany and all witneesses. attci 3. The natwo antaddreams of any and all witnesses that wiN or arra: axpm %ed to preaetu any testimony or declarrttionst under oath, and 4. Copies of any and all udter written reports. !atlas. mcnt+as, em ails. telephone ler„ electronic nxmdinlp of ony montings or conCmences, involving the CUP, norm concerning the subject property, and S. Any and all phoogmpbs tor drawings of the subject proparty in on— powvssi = of tin b. Any oW all electronic mordingt of any haryhews of"any witnessm and 7. Copies of my and all writings regarding the: subject property. and S. Copies of any and all business records mwdag the opmdon of any business on the subject property, 9. Copin otsny.aad all other dommeawy evidew eexpas`W labe. o and at do hearing mprdbs the narocadw of tea conditibWOM p 10. All mm xd+A no maws, wodt pnpara; anatib, rima sl aselsr. e.la uic NW any and , all otter aomatctetiea-da , pepms or docu mentsthat: woo assembled crested ear used to demmine the amount of the "Code Enf'orcenwo fes" dcmande:d in your tetteer of September 18, 20015 Thar inforrmadon shall include the naamro, addresises of an persons submitting; cradn& assembling or otherwise preparing the ..Cock Enforcement fees" demanded I .am aware that sena communications Wwwan nw, you and members of your Department have taken place ,and that copies may ba in my pOUCOMIL Copies of such communications arae not exempt nor am you mlieved of the obligation to furnish copies of your ogee files of such documents and papers. In ether vmnb even if I may have copies of some correspondence you are regw1ed to give me copies of your department file copies 3 FARANO KIEVIET L .t W Y k R" IU above HsW documents are to be delivered to Farano & Kievict LLP 23W east Katelle Ave. Suite 235. A,nOwin% Califomia 92806 at least ten days prior to the bcaring rc,prding the revocation of the conditional and peimh so the an adequate defense to the accusations can be prepared. As mted below, a cagy ofthin commuWcodon is being =a to tlto City Attorney of the City of -rUs L very truly youss. FA KIE-VlFr. LLC. By il Floyd L. Farano cc: LAM Smith linin City AU*nwy 4 Exhibit GREGORY M. FITZGERALD ' A PROFESSIONAL LAW CORPORATION ' �.� ; 14 t= i 800 NORTH Tus N AVEMJE SUITE 280 SMITH MIA, CAUFORNU X2= 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 Bro& 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 part 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 attomey, 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 haves 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 for exceed $9346.09. 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 Srnith 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 Fits 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: Condition 23: Hours of sales of alcoholic beverages shad be limited to the hours when food is available. Service of food menu items shall be during all business hours. Condldon L4: Operating hours shad be consistent with other businesses within the commercial center. The dosing hours shall be 11:00 p.m. Sunday through Thursday and 12:00 a.m. Friday. and Saturday. No new patrons shag be admitted after the dosing hours and patrons shall vacate the promises 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 '477 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 S 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 Sinsack, Community Development Director Y. Henry Huang, Building Official John Strain, Police Sergeant Justina. Willkom, Senior Planner City of Tustin EXHIBIT A Invoice for Costs for violations of CUP 98-029 Violator. Grestory Fitzgerald Location of Violation: 14131 Red Hill Avenue Department No. of Rate per hour Total Hous Tustin Police Department 106 $63.77 $6,700.00 Community Development 6.5 $85.74 $557.31 Director Senior Planner g $65.24 $521.92 Code Enforcement Officer 14 $40,49 $566.86 Total $8,346.09 14131 Red Hill Avenue CUP violation Invoke Exhibit A 300 Centennial Way, Tustin, CA 92780 • 714-573-3149 • FAX 714-571-1111 EExhibit U90 V4 w uc:t i p Lawrence Lawrence Friend crAv :�S$ocjate,, CPAs, Inc.'c`;� December 4, 2006 Mat&cw Huston, Owner Roderick'$ 14131 Redhill Ave. Tustin, Ca 92780 Dear Madww. P.1 My firm received a request to document the breakdown of Rodererick's reveaesr. From dw daft of incepfto, Octobar 16, 2006 tbtotgb Navember 299- 2006 asks totaled $56 679.27. Food sales wars $29,201.78 (51.52%% alcohol soMe ware $14,667.65 (25.88'x) and winwiner sales vers $12,809.34 (22.60x] I mope this binxmatian is belpful. If you need additional hdbrmadon please call. Sincerely. �Frkod, CPA 14521 Acacia Ave.'huda, CAHAXBW 92780 0 Telephone • Facdmfle Maitre'D 0001 RODERICK'S, Total not saps Total taxes Total discount Total "We 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 IODS 110 SIDES 84 COFFEES 4 MISC NOITAX 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 WINE/BEER Total Sales consolidated Custom dab From Monday, October 16, 2006 To Wednesday, November 29, 2006 $53,790.75 $4,176.30 $2,888.52 $57,967.06 $0.00 A $14,867.65 $12,809.84 $11,878.50 $8,569.25 $4,439.00 $1,788.00 $1,23&W $1,107.75 $946.25 $886.00 $400.00 $169.50- $50.95 $21.78 $8.50 $0.00 -$79.70 $56,676.27 $14,667.65 $1,036.05 $1,107.75 $27,007.03 $50.96 0 Mea(s) 3,409 Clients) 2,207 Table(s) 1,130 No sales) Divlslon 25.88% 22.60% 20.95% 11.59% 7.83% 3.15 % 2.18% 1.95% 1.97% 1.18% 0.71% 0.30% 0.09% 0.04% 0.01% 0.00 % -0.14% 1.95% 47.65% 1405051 - 2005 SP4 HF3 No filter Meals value $0.00 Average / dient $16.83 Average / table $25.68 Table turnover(min.) 53 Frequent Dine(s) 0 Rewards Coupons) 0 Data date range 10/18/2008 11/29/2006 Sales consolidai cl Maitre'D - Custom dab From Monday, October 16, 2006 To Wednesday, November 29,20M 001, RODERICICS Ludas 65 CASH $24,639.50 38.23% 392 VISA $18,428.34 .28.59% 280 MIC $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 02 $144.28 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 -$8,488.94 -10.07% Tobi medlas id4r466.6! NET CASH DEPOSIT $16,160.55 Tara 0 TAX $2,988.05 Tax Ind $1,188.25 Total taus $4,176.30 65 EMP DISC 25 ITEM COMP 19 DOLLAR 88 MGR 7 VIP Trial discount 1405051 - 2005 SP4 HF3 No fibr $460.89 $284.30 $235.00 $1,719.50 $188.74 $2,861.62 Data date range 10/16/2006 11/29/2006 Exhibit TUSTIN POLICE DEPARTMENT SUPPLEMENTAL REPORT 0&3207 INFORMATION REPORT On Saturday, May 3, 2007 at 0215 hours and I 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 office was turned not ee any viol tions and noeryone got * nto arrests their vehicles and left. The responding police were made. Exhibit Binsack, Elizabeth THAT'S RIGHT YALL 1 MO DRANK PRESENTS LEVELS LOUNGE EVERY FRIDAY NIGHT O 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 ONEMODRANKOGMAIL.COM Eaa6etfi.x, Binsack raw munity omfopmmt oincw f Tustin ri--r-S73-3031 ow 1 Ao Dra"k rrotpuclims rresoits t _ a: 4 1 � e d- 0� Roberic'ks from 9:00p» to 26#00a Collie oUt alit _pArt4tj ill OC'3 sexiest liew liot Svotfif vvcr DJ-Oh-Dart wJll be the I 's & 2's Sp J# J"S -Ho all I Jittlp p eb HIM Ave Off the 5 fw4 Twitimp p M : A or es t1i5t AVIP t lz info confect ") MoDraink rrauctioris" or omcmaratk t lacom *VOL LL h CL -4 i Exhibit Copr ❑ No $Uw2c WO TUSTIN POLICE ❑No PNOSECUTIOII09110 o 300 CENTEN - %sun"" man" r I„�Y ROKINT ❑ Quo N LXMD TUSTIN, C OYESTIC VIOLENDe ' ° ""` aIOTR►Ano Ate'` NCIDE 9I'lfAllill DEPARTMENT ! A❑ ACTIVE A cm "IAL WAY BO SND® RO RECOMB O A 92780 R OCCUat110M KOCOURTW a FWW17T7"asPOltrs TI > 01 R IIAC[ 0 1 MMf a O R1L O 7 WLX NT REPORT a mom ❑ cTUL Ea cNI�E p t M ! 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NAME OF PERSON SEINED: C 5 A SUSPECT CAN SE DE2C"sIEO O a 111AAAT CASNO 0 a A SUSPECT CAN SE 1000/910 C 7 SULLET ❑ 7 A SUSPECT VEHICLE CAN SE DENT1PI� O a RAPE KR 4. TIESPONwff 3MvwUR0:- O a THERE IS E>OITIPIASLE STOLEN PROPERTY O S SEMEN ❑ 10 BLOOD ~ O a THERE 0 A SIGNIFICANT M -a ❑ 11 UNINE CSI PERF(WIMED W. ❑ 10 SIONIFICMfT PHYSICAL EVIDENCE IS PRESENT G 11 THERE E A MAJOR CRIME "VOLVED JOR NJ 12 HAIR ❑ 13 FIREARMS NAME i M G 12 THERE E A GOOD POSMBLITV OF A SOLUTION ❑ 14 PHOTOGRAPIN $$ ii ❑ 13 FURTHER INVESTII ffM NEEDED O 15 OTHER MEWPAOR NOTES :3 14 CRIME IS GANG RELATED 0 TODIL LOBS I DOLLAR AMOUNT 7 19 HATE CRIME RELATED O 1a REPRODUCTIVE HEALTH CRME ro au►lavwoa Ar aclNa: IaAa1t wILAa a o n0.1 a• aour®ar N eItE11t0 ar 0 oAR N AP►a011®ar/ a) 106OAR A RE/ORTNO OPFlCiII / b NO i7t-o /SUd� TUSTIN PAGE ADDITIONAL NAMES , �R. POLICE DEPARTMENT TPO01Dy1jpEVW200q yr _ 2 COOP aECTaN 3 CIMAR 4 FAM OTHER REPORTS rn 6 LOCATNM 6 MEA 7 COOP 9 NAIMEILM f9K/T 9 OCCUPATION 10 O.O.L Its" 12 PACE 794 WNT 21Mw S J SLK M 4WD SCM : a JAPN 7m 6 Pa l- 9 VRT IOCT" 13 RESIDENCE ADDRESS 19 CRY STATE ZIP CODE 16 RSO. PHONE Is HT. 17 WSMN NAME i AOORESE 16 CRY sum ZIP CODE 19 WA PHONE 1 1 �- 21 EMAIL 22 CELL PHONE 23 LICENSE 2t STATE 26 YEAR s MAq 27 MOOL :w 0''. UNK 2'. MOR /': PAI a1: WW /c mto:. OTHER 1 6raA 1 2.011 3.. COW S.'TRUCK 7f SRN •L NYC 0 COLORfCOLO11 30 OTHER CHARACTnrsncE 31 O16fOofTION a VENUM ii CODE 33 NAME LAIM iEIET.NOMA 31 DCI2JPMT1ON 36 D.OA 38 90 V RAM u 1 WW _ I IIA SLK >110 M G 4WD C f CIE = 6 JAPN c ?PL 1 1 IF C GrA L c9VIET cto0T1—_,_ >• 11f61ONiCE ADO1 39 CITY am@ ZIP COOS M ROL PNOIN h MR 1 1 a ■N6iEf NAME a A00I11205 a cTTr saaf: a caa N owl M W1I 1 1 M MAL 47 CBL PNo161 H 1 1 F. M LICENM 9 M aTATt N YEAR s/ MAKS N MOOEi or, UNK 2! 1 MOR 40 fY0 ac; 1MN a c: RV ton OTHER nnow • Or" 1 r "M V: CONY 6 C; 11111M 7 7 SAN 9:; MIC N COLORICOLOR 66 OTTwI CIIARACTNME11C6 ea O16PO61TKN/ Of VVISCLR i . a7 CODE 6o mum 9JMT. /M16T. 10 OCCUPATION 60 OAK b 96K o INCE J04 PARR C I low 3 ELK S/ M C • /O _] a CIE O S JAPN I-i" ,' PL \ C 1 IF C aMJil. - 9Va1T =100TH_ _ Qa fnsgmwm AM N.CRY at6R ZIPCOOE M RY.PMOW or M Cllr SME ZP om • WiLiP91011170 r ON& 72Ca1MIpEi 1 1 3 n 74 NMI n YdR 178 MARE n Moos 79ool► ac LOOK 204-0111 4p RAI 60 WA 9O RM too OTHNI \ STYLE 10 34M 30 CONY 6CTNM 70 SIM 9G Wo H >• COLO 90 oTNERaMRA0TNM6ros Of ONPONTIONOP11N IM M CODE a p1A2N &W A MIR ATO" M OOCINYIT1A s M OAA M 6Nt A HACK 13 1 MIT O :16fP ❑ 3 ELK O 1 M O 160 O f CMI G 9 JAPN O 7 PL O 1 O fPM: S; 9VTEr C16OTN __ ` • ORrsum M RESONIOE ADOwe aP 000E N An fMO1Q M N1 ! 1 M SLIDNE96 NAME A MORONS M CRY aEEE Zr COO! 94 WA PHONE M W1: 1 1 M EMAL 97 CELL PROW 1 1 M MEMO 9 M arm tag YEAR loo"MARE tab MOOL IsTna OC UNK 2 C:. MOR 9 G PAP GO WA 6 C M 1a Z: OTHER 1NOW 1 i-- 2430 31- CONN 6=TRUCK 77 SOW 9C MIC 1o$ COLORKAXm 106 OTHER CNAPACT2I06RCS to 011111,O61,ION OF VN6CLE 107 COOS 100 NAME IW . FINE, WM4 to OCCUPATION Ifo MOA III= 112 RAC/ C 1 MMT = 2 HOP :. 7 ELK 1 M c 9 MID ;_ a CIE C 6 JAPN C 7 PL 1 1 f � aPill. :9VINT t0OTR. 113 RESMENICE AOORESS 11a CRY STATE ZIP COOS 1161IM PHON11 119 HT. 117 MAINE66 NAWI& ADORESE 119 CITY STATE Zf+ COOE 119 a&;-mm- 120 WTI. 1 121 EMAL 122 CELL PHONE 1 1 123 L.1COM / 12r !TATE 121 YEM 129 MAKE 127 MOON. In Q'- tM 2.74-011 ♦ PAI a_owv. W W 1 _ IM /0 : OTH61 ?1 S7YLi 1 C 2-0111 3 : COIN 6 _ TRUCK 7 C SIW 9:: MIC - r 129 COLONCMM 130 OTHM424APACTNMSM IN 010PO9R1ON OP MOCLE 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 ca Rodericks Every Friday Night from 9:00pm to 2:00am." "Ladies are free, Guys are $S 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 r viewed this website and informed me Rodericks is in violation of conditions on their alcohol permit, and in violation of other ABC laws. rfaxed 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 am. and 1:00 a.m. Fridays. _ also explained it is an ABC violation to allow ladies into an establishment for free while charging men. _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. Wo said ABC will contact me prior to any actions they take as not to interfere with our investigation. On 04-11-08 at 2130 hours, Detective Detective and I secreted ourselves in the parking lot adjacent to Roderic", I have been 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 ping IoL At about 2140 hours, Officer _and Officersentered 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, S 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 asked or 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 S 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. andnoticed 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 afar closing time. (ABF conditional 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 _ 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 _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, jazz/blues 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 M 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 rand Detective spoke to this subject and identified him ;Vn'!tIi!!e%d records check revealed was an H&S 11390 drug registrant was drinking an open bottle o Sierra'Nevada beer. =said 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, S and � 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. an was released at the scene. From the time I arrived, until approximately 0150 hours, I heard music emanate firm Rodericks. I was parked approximately 50 feet away from Rodericks and 100 feet away from an apartment complex. At approximately 0020 hour, 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. MLSo Drank ProtpNZtioNs Presents !77 r '" � (J RuJerieks v Nvj N 411 From 9**00-pm to 2a ������ Dj=-tali-D will be ofi the I's *9w 2's spimmi!5 Hip -Hop &, R&D Al fiiilitflio ,�tt i Rei Hill Ave Off tfx 5 Fmi ' Tissti", Cr �r VIP Fill Pro or APR -09-2008 10:59 -VTA P.02 BEFORE THE DEPARTMENT OF ALCOHOLTC BEVERAGE CONTROL OF THE STATE OF CALIFORNIA In the Matter of the Application of: File: 47-442707 14USTON Matthew Roderick HUSTON Theresa Louise DBA: Rodericks 14131 Red bill PETITION FOR Tustin, CA 92780 CONDITIONAL. LICENSE For issuance of an On Sale Central Public Eating Place License Under the Alcoholic Beverage Control Act WHj&g1&AS, petitionw(s) hwliave filed an application for the issuance of the above -referred -to licanse(s) for the above-mentioned premises; and, WHERREAS, the privilege conveyed with the applied -for license requires that the pCtitioner(s) operate(S) the proms, in good faitb, w a Bona Fide Public Ealing Place; and, WKEREAS, 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 eonsdtute grounds for tirc denial of the application under the provisions of Mule 61.4, of Chapter 1, Title 4, of the California Code of Regulations; and, wimpiAs, the proposed premises is within 600 feet from Frontier Park; and, WHEREAS, issuance of an unrestricted license ""'trout the below -described conditions may interfere with the public use of the above-mentioned consideration point; and, WSEREAS, the issuance of an unrestricted license would be contrary to public welfare and morals; NOW TE[EREFORE, the undersigned patitioner(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 bouts 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) APR -09-2008 10:59 / " aNTA 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 gross sales of food during the same pe nod. The licensee shall at all timea 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. ..ntertainment provided shall not be audible beyond twenty five (20 feel of the exterior of the: premises under the control of the licensee(s) as defin on the ABC -257 dated 07-24-06 and ABC -253 dated 07-24-06. 05. 'Phare 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 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. Petitioner($) 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 any peace officer. The petitioners) understand(s) that arty violation of the foregoing condition($) shall be grounds for the suspension or revocation of the license(l)- DATED THIS - A I _ DAY OF --� k, �W;A Applies ctitioner Alio-172 (2/W) OOOOOOOOOOF'h' NNNNNNNr~~~�'�'~ot �wwww0 1 pdi to per• a1 a1 a1 a1a�JJW W 1000 NNf-+1-�F-�NNNNNNNNNM-� pNW W W ONOF-�F�F•�N ..lOM1-'I�NOO.1�1-�1-'NNNWONNOOOF-�O I Pf (D Q+ F-X00001-JJNJ J�DOONW NWIl1�PO�OF-�NN�OIG�OO�Pll101F-�FJ0011fl 1 fp ij I"� 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 A fp J J J W O W W W W W W•1 ^C m 001-'NNF'F+NNNOOF�NF�OF-'F'Nh'ONOOOONONNO00000 11-] •• •• OOW�OF''CDONN�OO1�"�1111''I"1001W oi-'�"�I"�OOF�1-�NONOF-�OW�►NN 1 W ^0 NI•'1111-'OU1Wl11�P1-'O�P1�F'U1N�PN�P1-�OiPOOW WOWF'NN�PIIiF�W1-+ 1 � F-+ OF�Wll1JWJ0�O�0�OJODOWO�P1-�Q�C10D01410JJ�OW41�D►aDNC��OW�A I (p � GdH�oWHHbsf�HC�7d��n�GdH�oC���oNNf�,p,ppdKJ�d�dKildtn�«A� 1 How mh•�Hcn�ncnncnnt�ul�ao��nNnNwNNNn��Hnnt�nno��� 1� a� N bl010W O wowma1 MU1N d WlitLnlitelHomm mm ;d to HH HH8 1 rt x c� a x g V[Ac *\� \0 yHH������1 H �r 0y ca 1 Nr H���N►4`nOb �y"n N o'o� 00 1 o H HHH tj IdtvED rHxHo0H 1 �c nx �rnR �n 0 ►t HHln n adtoHiA 1 O H898 �wvmw ��wv ��� Da2 58 000 8t 2OR o0� o b bb b xxJ b W AA�I r]d►' dd���w�w �t~i1��0 7�oCCod08ww �OufOOh� 1 d O�W ��3l�HHuf�h�zln Ida�a�uf I m A b hd 3 10 ro I m 1 1 I p N O%Do O NNON 1 i1 W 1D H %D N N torbD0 H L"NN%DD HH %o W \DW p O O cc o Ln Bob N N N I N W J W O .. .. .• .. .. .. .• •• .• 1 \ •N' cn W WLnWLn 1 W h✓ 1 h� O a1 O1 N w W O o w Oh•�OOOONOON 111WNNw NO 10 N1-�OO�OI�OOF-�1-X00000 1 b lJ1 1••� �P W J O h� W %D %o N N �A U1 1••� h� N �D l!1 l!t W N �D U1 W �D N U1 10 lJl N iP W I �j &WMow"W"Mm JNtWwut L" CD %D%DWNW%DNGoL"w�JI~l1�1►NW 1 C] JJ.1JJ�i.iJv.1J�1J'vJ�.1QQ-4-1J4dJJ J.1Jcm, W W W W W W W 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0000000000000000000000000000000000001 NN W W W W W W�►�lnlJf VIll1UI Vill1UIUI01a1a1Q�01a1a1aia►0001-+h�NN1-+ 1 J�OW W W WJ�OF�JNNNWlJ10►0101W01-•�N1-�F�D►���OiA�POOh-�WC1 1 Q7�PNNW�P\01-�10NQ1W�OF-�1-��0110111WOVlll1U1W W�Pt11JW� W Wath-��P 1 U1W W WO�PiP�Pa1l11WlJtWh�NF�a1UiN1DNONNJJWN�PUIO�Pa1U1ON 1 <jiW100WOtOF�1011IiAJW �0►JJOONUII•�10O1�N WiP1•+JW W � W W WU1 1 NNNt�NNNNh-'1-+NNNNF+NNNF'h�NNNF+NN1-+h•'NF�NNr1•+N h+ 1 W W W w W W W W W W W W W W W W W W W W W W W W W W W W W W W w W W w W I F+NNNNF+1-+NNh�NNNNNh•+NN�-+NNF�F+Nh�F+1-+1-+1•+NNNNh�NN i �tv 9�t0ddGd�dGGtv0ty CyCiCCdiGdtiltil �dd�dddd �oCiGdd I �CpC x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x 1 H H H H H H H H H H H H H H H 1-F H H H H H H H H H H H H H H H H H H H H I V r r r r r r r r r r r r rr r r r r r r r r r r r r r r r r VV r r I rrrrrrrrrrrrrr rrrrrrrrrrrrrrrrrrrrrl CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC� CV- X08 - N l-" A rrr a M m m _MEM H H 1 d ul Ln 1 w 1 I I 1 f.•. 1 o I F•1 I.+ S]. I -A M N 1 N m •• I \ N m W 1 O CD I 01-4 � ►� O O I 1p W I •• I \ N F!• N OA 1 • W4 N 1 A 001 Oct0 1 O. N N I A N a% 1 ;J VI J 1 Cr N w I U1 J I w w I rt F- -+rr L -4 V 1 1 1 I 1 b 1 1 1 [� FE.xhibit t, ❑ No Nuvecir woo - TUSTIN POLICE DEPARTMENT 2 A❑ ACTIVE ' `"' °o INCE IKPW ED 300 CENTENNIAL WAY RO REco CS ^; Z L) 7 tK 'f RETORT TUSTIN, CA 92780 �s� VIOL KO COURTESY f IwPER OTHEII RIIOIfTI _ A" q ❑ GANER0LXM CRIMEANCIDENT REPORT 0 V --L-7 8 3 ❑ cotrPloElrrTut so Cxw f COOSNLC110N 7 CRMtINNCDl1TTYPE 0 1011NvirACOUN1f 0 mKoaARMOOUNiN I to D1NNmCOw1l I 1/ OTHo1 mum I2 SpV- C LOCKnON OF CRINK — 13 116 OQl 1f DAII tf TIMI OR Kmi9 4 - 2C-) FjLt Ix z cl 17 from mm (M Mc4Mu» ' o DNR 11119 is "A Form ER 21 Ong b OAT n mm 0-21-Do Z4 tIAAN ItAst: FIRfT NtDDLI) s OCCURRION N. 130.& v m N Mal a l ww 0211111P O 3 M 0 1 M 0 450 O fCHI O 6.1011tt O 7P5. 01 / o • IAL IS f MR o to am- 20 REWXNC5 AODR50 70 CTI stA1E a1 CDA 31 Pat P/q1t a IIT. ( 1 22 N1fM5M AOOIMO/ 34 t7TY soON ZIP cam s NIL F110111 IN WE ' l 1 V OWE In WAS *AIM FIRM A WKQ 70 OGCLvW1D11 r DIOL 41 M 141 Run O 1w O f Nw O 0 01K 0:N 04fM Of011 05Awn 0TPZ O t t D 0 IAL O f V!f O 10 o" 45 FA NDOM AODIfIM M (7111tT011N ZN ODa M 1� NOKt N M, 1 1 N CTI go= aICOA M NALNID! 00 wT: 'AOD11a"" i�f' 1 1 ` 01 coal N NAAtI ILW. FIRST. M NXM N OOCuFffm M a" N NR N Ma O 1 NMr O 2 HIO► O 3 NA OlY 10400 00015 0GAPIN OTPL O I I O fIAL 00YlT 010Ofl`— n 110MoIC[ AODPWAG N CTI aI COA N NLK PION 0D IR: t 1 01 ftN11D0IM N ORY 0550 a►DDA N DA MIDI M WE ADDIISM 1 > N DOA N NATO &W. FMRL NW!" O OCC(s1010N N 130406 N m 704 MON 0 1 T O 210SI 03" 0 IN 01650 O TNMCN O 4.MIN O TILL OII 104PAL OfY5B 0100IH- 71 111fNlNA ADORNM 72 aTr' s5v aI ODA 7f FAL /tali 74 IR: f• 1 79 01.000100 if pry 5n1R aI OOA 7? && 1011 To wT: ADDRESS I 1 >. L1Clllfl� Nom n YIWA N mom M Aloa< 1�sQm 1104 0 404 PIY *0 WA f01M too WHOR l O /OR SO CDIM' fOTROK 7O Nw fOka 0 COLOROtXERt M OTHNICIMIACTN50R00 a alroNTiONO/vNfOLt N O i THEM IN A WR104M70TT(ECRIM N O 1 FI1tGO�MiTS „ 1. ORDER 80WW AT SCM IN: ® O 2 A SUSPECT WA5 ARRNTED O 270OLE 1y O 2 A 5UOPECT WA5 NAMED O 2 TOOL MAIrQgE O 4 GLA55 Z ENTl1Y MADE M C 4 A SUSPECT CAN NE LOCATED O 5 R1MQT ECT CAN ED DESCIMW S NAME Qd1V� C 5 A SUGP ❑ s NIi1.ET t:ANING O F A SUNPECT CAN NE IDENTIFIED O 7 WJLLET D 7 A SUSPECT VEHI= CAN ED COMPIED ❑ $11APE KR 4. RESPON0wr 81GNQ m- ❑ f THERE 15 ID@RIFIASLE STOLIN PROPERTY O 98Ettls/ O f THERE 15 A SK"F CANT MA ❑ 10 SLOOD ❑ 11 ua1NE N C 10 sKIINIFICANr PHYSICAL EVIDENCE IN PRESENT cm PE1woRMED W. O /2 mm ❑ 11 THERE 15 A MAJOR IM URYMM CRIME 14MM ❑ 13 FIREARM NAM A ~ 12 THERE IS A 0000 POSSO LITY Of A SOLUTION ❑ 14 PHOTOGRA" 15 FURTHER INVEST10ATION NEEDED ❑ 15 OTHER (DEBWANIN) NO_ TE_L_ 7 14 CAM 18 GANG RELATED 7 15 HATE CRIM RELATED N TOTAL LOW / DOLLAR AMOUNT ❑ 15 REPRODUCTIVE HEALTH CR51E o ,;'PWM Ar SCE1l: (RAW WAG A 101 1 N PKWm fY N E1RRm lY N DAR 97 REPORTMO OFFICER 110 NO N OAR N lY /1.D 104 100 WE `{ -2 9cx-p PREMSEB SUBSISss C! 1 SANMAV LOAN FINANCE/CREDIT UN 0 2 BAR ❑ 3 CLEANERSILAUNDRV ❑ 4 CONSTRUCTION SITE ❑ STHEATER ❑ s FAST FOODS :3 7 GAS STATION C • HOiEUMpTEL 9 DEPT/DISCOUNT STORE 0 1000WSPORTGOODS ❑ 11 JEWELRY STORE 0 12 LK]UON STORE 0 13 PHOTO STAND D /4 CONVENIENCE STORE 0 1S RM"AURANT 0 /s SUPERMARKET O /7TVA%AOl0 0 19 AUTO PARTS 0 10 BICYCLB SALES 0 20 CAWMORORCYCLE SALES 0 21 CLOTHM STORE C 22 HARDWARE O 23 MEDICAL O 24 OFFICE BUILDING C 2S SHOE STORE C JS WAREHOUIN C. 27 OTHER G 29 AFRRRMB/T C 30 CONDOMINIUM C 31 DUPLEWOUAPLEX C 39 GARAGE ATTACHED 0 31 GARAGE DETACHED a 34 HOUSE 0 35 MOIN I NOW O 39 OTHER O v CHUIICH L 0 O 39 HOSPITAL 0 39 FARIUPLAYGROUND 0 40 PARKING LOT D 41 PUBIC BLJLLDING O 42 SCHOOL O 43 SHOPPING MALL O µ STREET~/ALLEY 7 46 OTHER 0 48 CAMPER ,. 47 MOTOR HOME C 49 PASSENGER CAR C 49 PICK-UP C 50 TRAILER 51 TRACK S2 VAN 53 OTHER - 7 1 POINT OF ENTRY U 1FRONT -2 2 REM U 3906 L'7 4 DOOR u S WINDOW 1.1 9 SLIONIO GLASS DOOR r. l 7 BASEMENT "1 s ROOF rl 9 FLOOR r] 10 WALL Q IIDUCTNENT 12 GAVAGE 13 ADJ. BUILDING . :.: 14 GFIQUNO LEVEL ci is UPPER LEVEL a 19 UNKNOWN O 17 OTHOR 1 NO FORCE UsM Z WINOOIN SMASHED 3 AMIMPT ONLY = 4 BODILY FORCE s SOLT CUT / PLIERS ; a CHANNEL LOCKVIVE 7 SAWAXYLLASUA i •SCREWDRIVER D 9 TINE KION 10 UNK PITY BAR D 11 COAT HANGER WIRE 12 KEY SLIP BMW 0 13 PUMO 1 D 14 ROOM LOWERS 0 13I ICKI110CK t9 HID w BUILDING a 17 WALKED W 0 IS UNKNOWN 0 to OrHIPL- C 1 DOORA.00K FORCED C 2 TRUNK FORCED C 3 WINDOW BROKEN C 4 WNIDOW FORCED- E-. S WMIOOW OPEN C 0 UNLOCKED J 7 UNKNOWN 9 OTHER PHYSICAL CONDITION 17 :3 1 UNDER NFL ALCOHOL! r013 DRUGS 0 2SWANJURED 7 3 SENIOR CITIZEN 7 4 SU D 0 S HANDICAPPED 9 DEAN 7 MUTE /MWIALMEMOTIONALLY IMPMNIM 9OBER 9I PRMNff/AITACKM 11 TRADIMARKS 1707 SUVICTM ACMM 1 1 CASH NOTES C. 1 DEMANDED MONEY C11 L 2 CLOTHESIPUR C 2INPLICTED MWURIES r7 3 CONSUMABLE GOODS ❑ 3 SELECTIVE w LOOT C 4 FIREARMS ❑ 4 STRUCK VICTU r: S HOUSEHOLD GOODS ❑ SALAAM DISABLED a 9 JEWI LACY METALS 0 9 ARSON 11 7 LIVEBTOCK O 7 AMMOIANK ON PREMISES G 4 OFFICE EOUIPMENT U B SLINDPOLDW VC e C 9TVIFI DKICAMERRA BOLN DMAGM C 10 MISCQLANEOUS Z 9 CAT BURGLAR C 11 UNKNOWN = 10 DEFECATEDNRwcrED C 12 OTHER C 11 OWA) D VICTIM FULLY a 12 DISROBED VICTIM PARnALA i► - — a 13 FIRM WEAPON 014 PORRC® VIC TO MOVE , 0 1 SLNPECT GJMA)IID an O = LMODWN / CLSMXID O 1S PORCID VIC 94110 VEHICLE C 3 VICTIM BOU04YT D a is NO SEMI DR9400i O 4 VNCTSM WAARM O 17 MIDREpIONSUSPECTS 0 1010"" tAC'HIDDEN ITEMS 0 • PHOTOGRAPHED VICTIM 0 7 VIC ORALLY COPULATED SUY . 7 IS MAGE TNIR S 320 PL/IClD PpRII w sACKi ww O 9 SUIP ORALLY COPULATM VIC 0 9 RAPE BY INSTMAENT (FOREON C 21 PRRIP"M OUT OBJECTS) c 22 RANSACKED 0 t9 SODOMY c 23 004100CUT CLOTHING ❑ 1 /SUGGESTED VIC COMMIT LEWD C 241U OFF POWER POWWOW ACT 0 A" SMOKED ON PREMISES D 19 INSERTED FINGER 01110 VAGINA d 26 SEARCHED VICTIM r' 13 FORCED VIC TO FONDLE SUN 0 27 S ON= ARMED 0 14 SUN FONDLED VICTIM o uIrm I1XTDIED RETAUATIOPI C 1S MASTLASATED SRF i' 7 U71M ONLY CONBLSAARZS ' Ole ' O 301001L1SCTSYSVE1sCLI D 21 TOR URM supilliuly ONLY 32 UNDER INFLUENCE DRUGS _ 33 USEDDEMANDNE Is MEMBER OF NEIGH W C CM SICV tC No / O 34 LARD LOON OU T Ki 1INEiIBIR of DS#fT7 O s USED OIIV61 as YEE9♦D 0 S9USED MRCFMGWDUS ARTERRESTEDwWATCn7 0601OMEPkI No HAD HOME ARNECTIOM 0 37USIDVICTWONAM O >t U04'VICTBfS DC YES00 No NXICASILMILLOWCASS o sum ftm rs TOOLS 40 VIN NEEDED TO REMOVE PROPEITI/ 41 CUTAXICON NECTED PHONE C 42 CASID LOCRION M043M CRIME 43 FOLLOWEDAMALKED VICTIM a M ORNIR RELATIONSHIP TO SUSPECT C IHUSBAND C 2 WIPE C 3 MOTHER O 4 FIRMER 7 S DAUGHTER ❑ e SON 7 SRDRHM 7 Isom 9 OTHER FAMILY 10ICOUAWTANCI c 11 FRIEND C3 12 BOYMEW O 13 0INUM EW ❑ 14 NEIGHIOR ❑ IS SUM41M ASSOCIATE 19 STP ANGER C 17 UNKNOWN SUSP . PAST. TO BI 1l LEI I 1 CONDUCTING SURVEY C 2 CUSTJCUENT O 3 DELIVERY PERSON O 4 DISABLED MOTORIST 0 s DRUM O 9 EMPWVEEfEMPLOYER ❑ 7 FRIEt0IFISLATNE G 9 ILIAN I)RED c 9 NEED PHONE C 10 POLICE/LAW a 11 RENTER a 12 REPR MilAN D 12 SALE OF ILLICIT GOODS a 14 SALO PERSON D If SISKASSWWACI C 1s SEW DIFIEC TIONIB C 17 SEEKSIG SOMEONE a 19 SOLICIT RJNDB c 19 o7HER C 1 AL)D RE ALAPMI O 2 SILENT ALARM/ = 3 PRIVATE SECURITY PAITROL 04006 O S STANDAw LOOM 0 4 AUXILIARY LOCKS (DEADBOLT. WINDOWS. ETC) 0 7 WIDOW SARSVIANAA 0 4OUTs1DI LKNHTINS an c 9 WSDS USNTO S all. C 10 GARAW DOOR LOCKM G 1100411CURIO ARTERIOR Vow r 12 SECWITY SIGNQIS (N.W. ALARM ETC.) ❑ 13 UNKNOWN ❑ 14 OTHER Is MARITAL STARIIS 1 = 1 SINGLE OTS 2 MARRIED 3 DIVORCED Ci 4 SEPARATED O S ANNULLED ❑ 9 COMMON LAW ❑ 7 WIOOWIER) C $ UNKNOWN 7 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 I HS Ln� V 1 UT I,1NIE I'IM NAME -tN.T f i . ♦ I S•110 N0 1111 -00.1 NAM[ TUSTIN POLICE DEPARTMENT 161 M.E IM.r 4OOREiS •.lir '.TAT[ ZIP rt? ALENI:Y PKINE 300 CENTENNIAL WAY TUSTIN CA 92780 -- _ -- I401:AN -esrKr rrT _-- — _— - ---- — - _- J- - 1 'lLlr v(j 144 cr wE I.$& NAME ILA6TF,6%r NAM 16611 000 lu MSEN[r NAM[ TUSTIN POLICE DEPARTMENT 144 A1:r PN:Y AOORENI rIrY STATE ZIP IM AGENCY PHONE 100 CENTENNIAL WAY N TUSTIN CA 92780 ��� 1 +socAN r[srwv ra n . , IT 1sT coot IW NAME OAST. FIRST NAME) IS310010 164 AGCNCY NA119 TUSTIN POLICE DEPARTMENT IN AGENCY AODRQI CITY STATE aP 1N AGENCY DHOW 300 CENTENNIAL WAY TUSTIN CA 92780 I9 CAN TEST" To IN G4= 1Sf MAW +60 ID N0. 161 A171NCY NA6! 7 TUI{TIN POLICE DEPARTMENT 1E2 AGENCY AD0011N CITY TAT! ZIP IfE AnENCY PHOTN 300 CENTENNIAL WAY TUSTIN CA 92780 IN CAN TEST" /0 IN C001 1N NAW ILMT. FIRST MAME) 161 0 N0. IN AGENCY NAME . TUSTIN POLICE DEPARTMENT 'NCY A Cm srxm ZIP 170 AGENCY PHONE 170 CENTENNIAL WAY TUSTMI CA 92780 ITE CAN relTrti THr 171 Coos 1 n NAME E.AW POW NAAIQ I r6 ID N0. IN ADEN6Y NA6! TUSTIN POLICE DEPARTMENT TTo AGENCY AOOIIESI CITY STATE a. in AGwxv PHONE 300 CENTENNIAL WAY TUSTMI CA 92780 ITS CAN TEETIrY TOe . In con Ito NAM[ NAP PIMP ONTMLI ISL El N0. 1!t AT2INDY NAI# M AGENCY ADOFING CITY STAB a1 TM ADB6frY PHONe IM CAN TffSTNY TQ rM 0001 161 NAM! IUST. FIRST utAMq rN q NO. 160 AGENCY NAM/ 160 AGENC / ADDRESS CRY STATE ZIP Ifl AG[NCY PHONE IN CAN TESTIFY r0* 107 C G01 I 1'14 MAINE d.AST FIRST NAME) +fl •0 NO. IN AGENCY %#AM I187 A(8NCY 400011!!1 CITY STATE ZIP I ?"AGENCY PIHONI 1 N , CAN TESTIFY r0! 20t +WME -L^ST FIRST NAME) i 202 1C NO. i '0.1 AGENCY NAME 204 K:ENI:r a00PE43 -_ CITY STATE ZIP ?ON AGENCY PHONE 21A � AN 'ESTIFY -O '01 ?EMRTMu , •IFFICER • •O NO _ :IA OATo . _G9 APP11uVEL BY : 1D No TUSTIN POLICE DEPARTMENT PAGE ADDITIONAL NAMES cm TPD #IOU 1WV I W2000 2 CODE SECTION 3 CRIME 1 LEPER OTHER REPOM GGG777 a LOCATION a AP9A 1 CODE 0 NAME 0.4417. F011T, MIDDLE) 9 OCCUPATION10 DOL 11 SO1 12 PACE ." 1 WHY 2 NNW a SLK :. 1 M : t IIID =. 5 CM _: a JAP>t 7 FL 1 17:8PSE, 1 P _ 9 VNT 100114 13 RE9IDERCE ADDRESS 14 Cllr 97700 Z!r CODE 10 RES. PHONE 1 1 to Hr: I auslNeN NAME a AooRESE Is CITY soRn Z!r C001 Is suL r1101N N VY1: I ► 21 EMAIL 22 CELL P/LOIN 1 ► » LK EVAN / a< ETIOE 70 MAR s MAK1 n MODEL 0 L: UNRt 2r 4OR 4c PN G= WA IC IM IOC OTHER STYLE I n 2-011 3t: CONY S''1 TRUCE T.: SAN r : MAO _ a, COLo1Vc01O11 30 OTHER CHAl111CTE190T1p a1 OM!OEITIOM OF VRD9u1 a1 CODE 33 NAWNAW9J10T FNIST. MIDDLE) 34 OOClRRT10N N D Oi at Sp 37 RACE a 111117 7: HOP 311A o/ Y 04M . a cI1AAMC 7 PR 0 1 J 'J / P O @PAL C 9VR7• Cis N IESIDEICO AMINING! s CITY SL19R ZIP c00E N IML PHM al NA 01 SUNNIM NAME a ADOIMN q cm 0001 Zr CODE M em PRIOIM M 11IN 1 1 M a1AL 47c<LPIIOIN 1 1 M LICE0 N STATE N YEAH 01 MAN W MOOL � OC INE 2G40R IL" r/U SC 1MN OC M IOC 0T111R KV • STYLE 1❑ 2-011 a❑ COIIII :C 7C 9AN 9c YID M COLORMOU" _ N OTHER pYYUC7HSfTICS N ONPOSRION OF vemom a cO00 N "m MST. FIRST AAI00Lq N OCCUp1TI0NN D OJL 91 MRN 1M INCE G t I7 N :REC 30A C 1 Y 0 0 M = SON _ a JMgO :: 7 PL 0 1 F C 0 RM c 9 VET -10 OTII_ N PEIIDEICO ADDREN M CITY 39471 ZIP COO/ N ML PHONE 1 I 1T Summon NAM A MINING N am NoOR zr 000E N NUL PIIOIM 79 WR 1 1 t1 OML 71 CLL /1101M 1 1 73 LICEN910 70 75 YEAR 79MAN 77 MOOL T000Y M OC; t 2C4M1 40 PVI 60 WIN SO RV ISO OTHM NTrLs 10 24M SO COIN 9CTMM TG 1/19 90 AaID +* 79 cp plyppL OA N OTHER CHARMTE0111I0E p 01lONfION 01 tIMNLE ti N c00N N WISA! 9JINT FIIMt: IAIDDI tl M OOCUPMT1019 N a" M Sp a7 "Am O 1 WN► O 21� Do NLIL ❑ t Y O 4M 0 SON C 4AWN O 7PL 00 / P O 0 PIN. O 91AR c TOOTIL M RpIDMIC! ADOIMN M OIY SSr1 ZIP Om N ML P1109M N RIR • 1 1 N NUMN MAMA A1701MN N CITY 01111E ZIP 0001 M SUS. P1101M N WT! 1 1 N MAL 97 CELL PHONE i 1 N LICE1010 N SPATE 100 YEAR IN MMM IN AAOOM. 110 or- 11M 2 ^ "m -6z: mu a c W W or_ PY IOC DTHEI SMi 1 C 74111 SC CONY a CTPNK:K 7C SAAR 9C LAIC 104 COUMVCOLOR tN OTHNRGIAPACTESNTICS /N ONPONTIONOPVENM IN COTE IN NAME M.W. mm. ME)" 1N OCCUPA M 110 0.O.N III 99][ : 1 NMF = :LEEP = NLK I O 1112PAGN t Y _ 4 WD 7 f G0 7 a JAPE C 7010. 1 P C 9 PML 7 9 vN7 _ 1007" 113 RE/10EMM ADDIMN 111 CRY 0710E ZIP CODE 116 IME. PMOIN t 10 "r 1 ► ttT SU09LESSNAaMaAD01NN i/9 CRY S1P01 ZIP COOK tt9 NULN109N 120WT. 1 1 IM EMAIL 122 CELL PHONE 1 123 uceNE 0 124 RATE 120 YEAR 126 MAKE ITT MODEL 'go 0 C UNK 2.7 44M I'_ PIU a ;: VAN a •', RV 10 _ OTHMI STYLE 17:24M 3 - CONY S -. TRUCK V.. SIW 9:7 MIC — 729COLONCOLOR 130 OTHER pYMACTOP09TICS1T ON011TIONOFV9HKLS 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 am. and 1:00 am. 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 0424-089, 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 Nigh," "Shots On Us," "Free `Til 11PM - $5 Af%r" `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 ' parking lot. Officer and OfficerTwent into Rodericks in w the Roderick's p g 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. VM 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. r and _ 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 Sas 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. _ 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 r and r spoke with the bouncer. The bouncer never made reference to _ 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) 2.11 All ban shall function as food an4 beverage service. and _ purchased beer at approximately 2145, 0016, 01069 0130, and 0146 hours (04-25-08 through 04-26-08). 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 bartenderm a kitchen fferen bat'tender. They approximately ere told the 2320 hours, they attempted to order food 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 & condiment dispen en & used to serve meals. Must possess necessary utensils, table service to serve meals. _ and NW 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:OOam 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 ' urchased 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. S 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 ares" 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 and =1 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 -09-2808 10:5'9 SANTA PM __ P.02 BEFORE THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL C,/� F i4ob 3 Z OF TAE STATE OF CALIFORNIA In the Matter of the Application of: File: 47-442707 HUSTON Matthew Roderick HUSTON Therese Louise DBA: Rodericks 14131 Red Ilill PET1T101y FOR Tustin, CA 92780 CONDITIONAL.. • _ LI ' For issuance of an On Sale general Public Eating Place License Undcr the Alcobolie Beverage Control Act WAEREAB, petitioner(g) hu&m filed an application for the issuance of the above* -referred -to license(s) for the above-mentioned premises; ar>rd, WgEgEAg, the privilege conveyed witb the applied -for license requires that the petitioners) operate(,) the prcmiees, in good faith. as a Bona Fide Public Eating Place; and, WHEREAS, the proposed. promisee and/or parking lot, operated in conjunction therewith. are located within 100 feet of residence(s); and WgEAEAB;;;;a- issuance of the applied -for license without the below -described conditions would interfae with the quiet ani of the pr'opaq by nearby resident$ and constitute grounds for the d=W of the application undo the provisions of Rule 61 A, of Chapta 1, Title 4, of the California Code of Regulations; and, WHEREAS, the proposed premises is within 600 feet feom Frontier Park; and, WHERL450, issuance of an unrestricted License without the below -described conditions may iatacd'ere with the public use of the above-mentioned consideration Point: nod„ . WHERLeA3, the issuance of an unrestricted lieensc 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: O1. Sales, service and consumption of alcoholic beverages shall be permitted only between the boors 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. initi ABC -172 (2100) ApR-09-2008 10 59 SANTA Wei P.03 HUSTON Matthew Roderick CV - 0 ob 3 w iflisTON Theresa Louiao 47-442707 Pop 2 02. The quarterly gross gales of alcoholic beverages shall not exceed the gross sales of food during the same prod. The licensee shall tet all times maintain records which reflect separatesly the gross We of food and the gross sales of alcoholic beverages'of the licensed business- Said records shall be kept no le" frequently than en 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 table ruwnta'red upon the premises at any time. (25) fw of the exterir of the premis" 04. Atertaiament provided shall not a'sde�a�od on the ABC-2beyond twenty57 dated 07-24-06 and ABoC-?S dated under the control of the licensee(,,) ase 07-24-06. 05. lbac shall be no topless male or female performer,,„ or fashion shows penaitted on the -premises at aAy time. 06. The petitlonar(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. parking lot of the premises small be equip with lighting of sufficient power to illuminate and 07. P nr'ble the appeasnee and c educt of all persons on or about the parking lot make easily and use of an Additionally, the position of such lighting shall not disturb the normal Privacy Y neighboring rWde WAM This petition for conditional license is made pursuant to the provisions of Sections 23800 through 23805 of the Business and ProfcuiOm Code and will be carred forward in any transfer at the epplieant premises. Petitioners) agree(,,) to retain a copy of this petition on the premises at all times and will be prepared to produce it immediately upon 9W request of any peso offiow. The petitioner(s) understand(s) that any violation of the foregoing conditions) shall be grounds for the suspension or nwoaon of the license(s). DATED THIS DAY OF IX Appli etitioner neC-in (21 TOTAL P.03 I Nw10 DrNfik rrozmal-ofis rn:scfits -Ev�:-nj fribxi.1 Fro�i,i 9;oJr,m to 2a00%aff1 ? a a 4 DJ -0h -D will b c oft the is & s ,iflfiiflS Hip -Hop & R&B,.\Il fii lit!! 14I 3 I Rc Hill Avc ' Off tlw i FNvil ' Tt is tl* fi, CAs MySpace Page 1 of 3 '"ySoace.com �/� — �� 1 Privacy i rasp Home I Browse I Search I Invite I Apps I Mail I Blot's I Favorites I Forum I Groups I Events I MySpaceTV ( MUSK I Comedy I CtassIfieds MySpaa Events Events Nome I create Event 1 My Calendar CLUB 71a/ Pea" M THE PREBIDENT1111 Add to My CoWndaw MOatN lrtt NataNa V. !-mill Wha• Login to RSVP to ab event frrfdat' ]an 2S, 2008 at 8:00 Aly Wkeran Club 714 *An el - ks 14131 Red MMI Ave. SPREAD THE WORD— Tustin, 92780 thia view Ma' ' Euln thta 21+ and ever Cksk, Casual Attire. With D3 sldPkick/ Inbrscgm a JIM ReCeNa a Dj OM- D COME 30IN Us THIS FRIDAY 0 CLUB 714 We have Dl. Sidekick W/ Inbrseops &)M Records in da Hage S 1" ON -O Hosted BY NataNe V. MUSIC NO Hop/ ROM Fully Stocked ear and Sn"" Patio Free Entry AN N19M WNh Guest list. For More Info cell me at :714-396-3746 NotaNa V. or email nil at natallov0dumtertalnmeneproup.com ' 1 need names and last names of Guest attentirq. For Bottle Service or LlrthdaY pates please let me know adept 2 Hours In advance. 'THIS IS THE NEW SPOT IN THE OC EVERYONE IS STARTING TO TALK ABOUT'... Come Party With UslII ladles Dress Sexy and Men Left Get K cracking TK ENTERTAINMENT PRESENT6 TFM /iAAlli OFI nOBD HAfI BEEN MOVED a r in ff D MySpace 00 71� tE:ENTi . 21 +WITH -, VALID ID - EVERY FRIDAY 19:OOPIA - 2:OOAM �.�FREE `TIL 11 PM -. $5 AFTER CASUAL DRESS CODE RODERICKS 14131 RED, HILL AVE.:;; • TUSTIN,.CA-..92780 DRINK SPECIALTALL NIQHT!ll+j MUSI' SHOTS O_ DJ SIDEKICIG'� DJrl-yi� -DH • E NATALIE VAJ SIDEKIC lbifD - Event Guests 5 Attending + 15 Guab (20 Total ) Vlew AN : » Attending » Maybe 0 Can't make It » Not Responded own in Page 2 of 3 MySpace Page 3 of 3 lesponses and Comments Displaying 2 of 2 Comments) Add a comment San 25, 2006 7:06'11 I will be attending with 4 Guests Tan 23, 2006 11:16 AM I will be attending with S Guests an& to TN Add a comment A/d CeaNlnet .. Atli I EAG 11011111111 B!hf='esar I NdMEJlsa I Contod HISON I Ad"M@ I I 1111182w LATIN 02003-2000 MySpau.com..AN Rights Reserved. QALt4vff -3ZQ-1 Exhibit Community Development Department City of Tustin May 14 2008 y 300 Centennial Way Tustin, CA 92780 714.573.3100 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, 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 me at (714) 573-3135 should you have any questions. Thank you for your cooperation in this matter. Sincerely S 'de Enforcement Officer ,:ity of Tustin Enclosure: Resolution No. 99-29 [Exhibit $"my A. I w w. I r N L.aw 104 wo Lawrence Friend CPAs Associates, CPAs, Inc. Coroaltanu May 21, 2005 Matthew Huston, Owner Ruderick's 14131 Redhill Ave. Tustin, Ca 92780 Dear Mathew. N.i My firm received a request to document the Weakdoarn of RoderWs revenue. For the period May 1, 2007 through May 1, 2008 sales totaled 1497,103.77. Food sales were 5263,897.25 (53.1'x)6 alcohol, beer and wine sales were 5233,206.52 (46.9'1). 1 hope this information is belpfidL if you need additional kdormation please call. Sincerely, FN4 �44 wreaoe Friend, (SPA 13301 Flidt Dc Santa Ann, California 92705 ' Facsimile 0 Tcicpboac'. ® E -.Mail M EExhibit 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 if food and gross sales of alcohol from May 1, 2007 - May 1, 2008. However, in the letter dated May 14, 20089 ty 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 19 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 me at (714) 573-3135 should you have any questions. Thank you for your cooperation in this matter. .ode Enforcement Officer Exhibit Lawrence Friend ' CPAs B� lsmwi2tes6 CPAP, Inc. comuhma Ju= 24, 2008 Matthew Huston, Owner Roderides 14131 RedihttU Ave. Tustin, Ca 92750 Dear Mathew: V.I My &M mceivW a regnatto documad the 6s+ WWown OfP-OdWWS revmw. For the period January 1, 200= *n n nit May 1.2008 saks haled S124,37M Food sales wane 563,12700 (50:75'x) alcolmi, beer and wine Sala ire 561,251.60 (49.25'X) - I hype titin information is hcVfu . If you need sdditi and infer Dation please call. Sincerely,. /'• Lawrence Friend, CPA 13301 FIN ft Soft Am% CsUhmb 92700 Exhibit c,* o�y 1 NO SUSPECT INFO TUSTIN POLICE DEPARTMENT 2 A ACTIVE 4 CRI NO PROSECUTION DESIRRD S SUSPENDED INSURANCE RkPORT { 300 CENTENNIAL WAY U ) R RECORDS - COURTESY REPORT TUSTIN, CA 92780 DOMESTIC VIOLENCE 1 K COURTESY 'AS MOTIVATED '• FEL S pEFE�+oT►'ER ::. a 00 (REV 4/06) MI30. � � ^(� CRIMEANCIDENT REPW#j MIS iNF10ENTUIL SEX CRIME �. • `e coos RECTION 7 CRIME/INCIDaNT TYPE a PPIMARWCOUMTI 0 sEcoNDA1tY-CouNT6 to oTMEA-COUNTS 11 oTNEII-COUNTe 4 Nild L 13P" L ' y2Zrv� W 12 SPlCNFIC LOCATION OF CRIME 13 OCCUR OIORNriMB1 14 DATE 'uH 15 DAY, to TIME I i3 iZE� �- �t.� J i�' • ,--� 08(1 E a 1 7 i3 v V 17 FIRM NAME W IoeNbr4 S DATE RPTo 19 nME RR 20 AND 21 DATE 22 DA 23 TIME I �.t , t 36 IZ c., �� �2 c.. S v v (U A 24 NAME (LAST. POW. MIDDLE) 25 OCCUPATION 26 D.O.E. 27 SEX 29 RACE IWM - 2 MMI/ 3 SIX ' ' 1 M _ 4 ILD : S CHI a JAPH 7 F 1 F . S PISL 9 VIET . 10 OTH ,. . ?o RESIDENCE ADDRESS 30 CITY STATE Zip CODE 31 REM 3 . PHONE ( 1 33 BUSINESS ADDRESS 34 CRY STATE ZIP CODE 30 SUS. PHONE 3e Wr. 1 1 .. 35 CELL PHONE 37 E-MAIL 1 1 39 coca 40 NAME %AST. FWAT WINE" 41 OCCUMnON 411 D O.E. 43 SOI 44 RACE 1 MMT : 2 NAEP 3 MILK = 1 M =4 m _ S E)6 = 9 JAPN .�. 7 FIL C31 F = S P = 9 VHET : 10 OTH — N RESIDENCE ADDRESS 46 CRY STATE ZIP CODE 47707 48 M: t SO CRY STATE 2M 000E EUI PHONE Y VTR` 49 BUSM1ESi ADDRESS 1 1 63 E -MAL M CELL PHONE 1 1 K CODE Se NAME ILAST FIRST, MIOOI.A 57 OCCUPATION 39 D.O.E. S9 9Q N RACE _ 1 WMT _: 2 HISP = 3 ELK 1 M _ 4 IND ".: S CHI S JAPN C 7 HL 1 F Z e PTL. : 9 VIET _. 10 OTN e1 RESIDENCE AOO11W q CRY STATE WOODS q RES. PHONE M 1 1 _ S9 BUSINESS ADDRESS ` N CRY n DP CODE • W SUE. PHONE ( 1 N wr 70 CRL PHONE M 94AAL 1 71 COOS 72 NAME %LAST.FIRST MIODL, 73 OCGIMiIOM 74 D.O.E. 79 SOI 711RAOE =11 WHT = 2 HIM C 3 BLK ::. 1 M I C 400 '_: S CM 9 JAPN C ?PL �. 1 F = S P19L •= f YET _ 10 OTH _ 77 ROMMOCE A0o11BE 79 CITY STATE WOODS 79 IIB. PHONE Hr 1 1 et RlSINBS ADDIlN a CRY STATE DP ODDS q 1R L PITONS k wr ( 1 M CRL RHONE M E AeI1L I' I h LICENSE e N STAR • 90 MAKE M EL MOD 92 0 = UN K 2=4 -OR 4 = PIU 9 = VAN 9 = 1111 /0 C OTHER STYLE 1 a 2-M 3 -COW S:_TIIUCK T -= RIW 97: MIC CNAIIACTSRTICS q DI9P06RION OF VBNCLE 93 COLOR/COLOR OPCOTHER EE 2 A SUSPECT WAS A 9e - 1 THERE 18 A WITNE/FIED D 97 = 1 FINGERPRINT'S 2 TOOLS N 1. ORDER SERVED AT SCENE BY: PE a - 3 A SUSPECT WAS N 3 TOOL MARKINGS J ENTRY � PM 4 A SUSPECT CAN B - 4 �� s2. _, 5 PAINT 3. NAME OF PERSON SERVED: 5 A SUSPECT CAN B ". 6 BULLET CASING 6 A SUSPECT CAN B - T BULLET 7 A SUSPECT VEHICTIFIED THERE IS IDEINTROPERTY B RAPE KIT - 9 SEMEN S as 4. RESPONDENT SIGNATURE6 V 9 THERE IS A Sy4WICANT M.O. _ 10 BLOOD 11 URINE CSI PERFORMED BY: 10 SIGN PHYSICAL EVIDENCE IS PRESENT too 11 THEA A MAJOR INJURY/SEX CRIME INVOLVED - 12 HAIR _ 13 FIREARMS NAME A P6, 12 TH IS A GOOD POSSIBEJTY OF A SOLUTION 14 PHOTOGRAPHS _ 13 _ER INVESTIGATION NEEDED _ 15 OTHER (DESCRIBE) RTES: CRIME IS GANG RELATED /15 HATE CRIME RELATED R TOTAL LOSS / DOLLAR AMOUNT6 REPRODUCTIVE HEALTH CRIME I t01 SUP , NE: RAnR nAMc � n""' – I'7 dun neereo i of w[f_ 103 DATE 104 APPROVED BY / 10 NO POS DA I`IIEMISES 7 1 POINT OF ENTRY S i PROPERTYMTTACKED 11 BUSINESS 1 BANKP;AV LOAN FINAW..EIGHEDIT UN 2 BAR 3CLEANERS/LAUNDRY 4 CONSTRUCTION SITE 5 THEATER 6 FAST FOODS 7 GAS STATION 8 HOTEI./MOTEL 9 DEPT /DISCOUNT STORE 10 GUN/SPORT GOODS 11 JEWELRY STORE 12 UOUOR STORE 13 PHOTO STAND 14 CONVENIENCE STORE 15 RESTAURANT 18 SUPERMARKET 17 TV/RADIO IS AUTO PARTS 19 BICYCLE SALES 20 CAR/MOTORCYCLE SALES 21 CLOTHING STORE 22 HARDWARE 23 MEDICAL 24 OFFICE BUILDING 25 SFIOE STORE 26 WAREHOUSE 27 OTHER 28APARTMENT 29 CONDOMINIUM 30 DUPLEX/FOURPL.EX 31 GARAGE ATTACHED 32 GARAGE DETACHED 33 HOUSE 34 MOBILE HOME 35 OTHER-___.. -- _--- ____ - N 36 CHURCH 37 HOSPITAL 38 PARWPLAYGR NO 39 PARKING LOT 40 PUBLIC BUI NO I 41 SCHOOL 42 SHOPPI MALL ! 43 STREET /ALLEY 44 OTHER _ 45 CAR.1 R 46 MOT R HOME 47 PA ENGER CAR 48 PI K -UP 49 AILER VAN OTHER 6 SLIUING GLASS DOOR I 1 FRONT 1 CASH NOTES :REAR I 2 CLOTHES/FUR J SIDE 3 CONSUMABLE GOODS 1 DOOR 4 FIREARMS 5 WINDOW i 5 HOUSEHOLD GOODS 36 CHURCH 37 HOSPITAL 38 PARWPLAYGR NO 39 PARKING LOT 40 PUBLIC BUI NO I 41 SCHOOL 42 SHOPPI MALL ! 43 STREET /ALLEY 44 OTHER _ 45 CAR.1 R 46 MOT R HOME 47 PA ENGER CAR 48 PI K -UP 49 AILER VAN OTHER 6 SLIUING GLASS DOOR I NO 6 JEWELRY METALS 'BASEMENT i 04 .. NO 7 LIVESTOCK B ROOF /OUSINESS 06' NO USINESS INSPECTION? 10 ACOUAINTANCE B OFFICE EOUIPMENT 9 FLOUR I 3 MOTHER 10 WALL i 3 DIVORCED 9 TV/RADKO/CAMERA I 1 DUCT/VENT 4 FATHER 10 MISCELLANEOUS 12 GARAGE 4 BUND 11 UNKNOWN 13 ADJ. BUILD04G12 13 GIRLFRIEND OT 14 GROUND LEVEL 6 SON 15 UPPER LEVEL CRIMESIDNLY 16 UNKNOWN 1 SUSPE CLIMAXED 17 OTHER . _. 2UNKN IF GUMMED 1 NO FORCE USED 2 WINDOW SMAS 3 ATTEMPT ONLY 400 DILY FORC 5 BOLT CUT / ERS 6 CHANNEL OCK/PIP WREN E GRIPS 7 SAW ILUa' 6 SCR 9 TI IRON 10 NK PRY BAR 1 COAT HANGER WIRE 2 KEY SLIP SHIM 13 PUNCH 14 REMOVE LOWERS 15 SRWAMIOCK 16 HID IN BUILDING 17 WALKED IN 18 UNKNOWN 19.OTHER_..----_---- 1 DOORIIOCK FORCED 2TRUNKf0RCED 3 WINDOW BROKEN_ - 4 WINDOW FORCED 5 WINDOW OPEN a UNLOCKED 7UNKNOWN a OTHER _ _ .._.... .. 4 VIC INJURED 5 COV VICTIM FACE a VICTIM 7 VIC Y COPULATED SUSP as ORALLY COPULATED VIC 9 BY INSTRUMENT (FOREIGN SUGGESTED VIC COMMIT LEWD ACT 12 INSERTED FINGER INTO VAGINA 13 FORCED VIC TO FONDLE SUS 14 SUSP FONDLED VICTIM !:. 13 MASTURBATED SELF _ 18 OTHER. OF NEIGH ATCH? I 17 ! RELATION" TO SUSPECT NO OF OP TION IDENT? 04 .. NO INTERESTED WATCH? /OUSINESS 06' NO USINESS INSPECTION? 10 ACOUAINTANCE 08 ' NO CRN I PAGE r SPECTS) ACTIONS 1 DEMANDEDMONEY 2 INFLICTED INJURIES I 3 .SELECTIVE IN LOOT 4 STRUCK VICTIM 5 ALARM DISABLED 6 ARSON 7 ATE/DRANK ON PREMISE B BLINDFOLDED VICTIM BOUND/GAGGED 9 CAT BURGLAR 10 DEFECATED/URINATED 11 DISROBED VICTIM FULLY 12 DISROBED VICTIM PARTI 13 FIRED WEAPON 14 FORCED VIC TO 15 FORCED VIC INTO FRICL 1a HAD BEEN DR 17 INDICATION n 18 KNEW LOC HIDDEN 19 MADE 20 IN SACIVP 21 EXIT 22 R ED TRADEMARKS SUSP .PRET. TO BE � 1 CONDUCTING SU EY 2 CUST./CLIEN IOELIVERY RSON ! 4 DISAB MOTORIST 5 OR S 6 E OYEE/EMPLOYER SUSPECTS ITEMS 23 IPPEDJCUT CLOTHING SHUT OFF POWER 25 SMOKED ON PREMISES 26 SEARCHED VICTIM 27 SUSPECT ARMED 29 THREATENED RETALIATION 28 TOOK ONLY CONSlNMABLEC 30 TOOK VICTIMS VEHICLE 31 TORTURED 32 UNDER INFLUENCE DRUGS 33 USED DEMAND NOTE 34 USED LOOKOUT 35 USED DRIVEJI 36 USED MATCHK,ANDLE 37 USED VICTIM'S NAIVE 38 USED VICTIM'$ 39 USED VICTIM'S TOOLS 40 VEH NEEDED TO REMOVE PROPERTY 41 CUT-USCONNECTED PHONE 42 CASED LOCATION BEFORE CFO* 43 FOLLOWED/STALKED VICTIM 44 OTHER 8 ILLIINJURED 9 NEED PHONE 10 POLICEA AW 11 RENTER 12 REPAIRMAN 13 SALE OF ILLICIT GOODS 14 SALES PERSON 15 SEEK ASSISTANCE 16 SEEK DIRECTIONS 17 SEEKING SOMEONE 18 SOLICIT FUNDS 19 OTHER 1 AUDIBLE ALARM 2 SILENT ALARM 3 PRIVATE SECURITY PATROL 4 DOG 5 STANDARD LOCKS 6 AUXIUARY LOCKS (DEADBOLT. WINDOWS. ETC) 7 WINDOW SARIVORILLS 8 OUTSIDE LIGHTING ON 9 INSIDE LIGHTING ON 10 GARAGE DOOR LOCKED 11 OBSCURED INTERIOR VIEW' ICO MMERCIAL/BUSWESS) 12 SECURITY SIGN Q (N.W. ALARM ETC.) 13 UNKNOWN 14 OTHER PHYSICAL CONDITION 17 ! RELATION" TO SUSPECT 1 UNDER INFL. ALCOHOL/ 1 HUSBAND 9 OTHER FAMILY 1a MARITAL STATUS 1 SINGLE DRUGS 2 WIFE 10 ACOUAINTANCE 2 MARRIED 2 SICK/INJURED I 3 MOTHER 11 FRIEND i 3 DIVORCED 3 SENIOR CITIZEN I 4 FATHER 12 BOYFRIEND I 4 SEPARATED 4 BUND I 5 DAUGHTER 13 GIRLFRIEND 5 ANNULLED 5 HANDICAPPED 6 SON 14 NEIGHBOR 6 COMMON LAW 8 DEAF I 7 BROTHER 15 BUSINESS ASSOCIATE 7 WIDOWIER) 7 MUTE ! 8 SISTER 16 STRANGER 6 UNKNOWN B MENTALLY/EMOTIONALLY 17 UNKNOWN 9 OTHER i ;MPAIRED 3 OTHER _. ' I , ADDITIONAL NAMES / LAW ENFORCEMENT PERSONNEL ONLY A- ASSISTED AT SCENE C- CRIME SCENE INVESTIGATION F- ASSIGNED FOLLOW-UP OFFICER P- PERIMETER ASSIST W- WITNESS 173 NAME#.AEi RM N,"" 1740M 136 JOE 136 NAME ILAST.136 IONO. 110 AGENCY HAMS A gal TUSTIN POLICE 08%mmm TUSTIN POLICE DEPARTMENT 141 AGENCY ADDRESS Cm STATE ZIP 142 AGENCY PHONE 300 CENTENNIAL WAY ---;Y7 TUSTIN CA 92790 (� tq CAN TESTIFY TO: SQ �" R i5 Se Cv2 T ,76 CAN TEETrY T@ 144 CODE 145 NAME T FIRST NAM 146 ID NO. 147 AGENCY NAME - /7f CODE 1N HAAR p A6T, FIRST TUSTIN POLICE DEPARTMENT 144 AGENCY ADDRESS I CITY STATE ZIP1M AGENCY PHONE 300 CENTENNIAL WAY TUSTIN CA 92790 150 CAN TEBTMY TO: _ SILLAr1c IN AGENCYADOIRSS CITY 151 CODE 152 NAME ItABT. FIRST NAM4 ?! 163 IONO. llo7, j. rAli f1 154 AGENCY NAME 1 Incm Town"I'm J 1./6Q 7�dPJ 1 l- TUSTIN POLICE DEPARTMENT IN AGENCY AGGRESS CRY STA7E ZIP 156 AGENCY PHOME 300 CENTENNIAL WAY TUSTIN CA 92780 160 AGENCY ADDRESS 167 CAN TESTIFY TOe PATaoJ STATE 2P th AGENCY PHONE tAA,T t-JA IN COOS t 160 D N0. 161 AGENCY NAME TUSTIN POLICE DEPARTMENT 162 AGENCY AOOIRSS CRY STATE a IN AGENCY PHONE 300 CENTENNIAL WAY TUSTIN CA 92780 1M CAN TESTIFY TO: A ZIP 1N AGENCY PHONE IN CAN TEBTTFY TP. 106 COOK 1N NAME #A=r FM6T mumtRoma 1N AGF NAME TUSTIN POLICE DEPARTMENT trs AGENCY AOOIRN CIT' STATE ZIP 170 AGENCY PHONE 300 CENTENNIAL WAY TUSTIN CA • 92780 205.AGENCY PHONE PAGE 2- ,�� A .- L) j-8o N TEST" TP. 172 CODE 173 NAME#.AEi RM N,"" 1740M 170 AGENCY NAME TUSTIN POLICE 08%mmm 176 AGENCV ADDRESS CITY STATE ZIP 177 AGEiCY P/q1E 300 CENTENNIAL WAY TUSTIN CA 92780 ,76 CAN TEETrY T@ - /7f CODE 1N HAAR p A6T, FIRST 161 E NG. 162 AGENCY NAME 0 ZA e) IN AGENCYADOIRSS CITY wrxm ?! INN llo7, j. rAli f1 sr. 1 Incm Town"I'm J 1./6Q 7�dPJ 1 l- , ' (2 . In COON 137 NAME FAST. FART NAM in ID NO. 1N A(iENDY NAME 160 AGENCY ADDRESS CRY STATE 2P th AGENCY PHONE 1N CAN TESTIPY TO: in CODE 16r NAME #.AST. FIRST N"m 1 N 1D NO. 1 N AGENCY NAME 107 AGENCY ADDRESS CRY STATE ZIP 1N AGENCY PHONE IN CAN TEBTTFY TP. 201 NAME#.AST. FIRST NAME) 202 ID No. 7- 203 AGENCY NAME .�. .4NCY ADDRESS CRY STATE ZIP 205.AGENCY PHONE 218 CAN TESTIFY TO.. 2011, DATE 206 APPROVED BY / ro NO. 210 DATE _.r% .I 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 S from the Orange Police Department. They both - acted in an undercover capacity, wearing plain clothes. wand 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, � 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. 1� and 'stood approximately 10 feet away from the front door in the outside patio area for approximately 10 minutes. They held their drinka 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 and _ 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 CRS 08-5805 S 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 _ 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, S did not see anyone eating or ordering food. At approximately 2245 hours, _ and S 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 S 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 Ile ounce of marijuana. �lllll declined, but thought the bouncer's offer was sincere, based on r 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 S 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 rcontact. 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 S 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 ( 4M1i(;t• 1,NK ho"ACK `E"NI •GLAMpto.Is FN •"ROYAtTy Lrrr. � 4 WIN F � 7 f.� Rodencks . 14135 Red Hili 1 e. 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MySpace.com - View Image - Seduction Night Club - Photo 6 of 7 Status: (none) Mood: neutral (D (Update) Home I Mail v I Profile v I Friends v I Music I Videos I More v i iii photos I Upload Photos Seduction Night Club - View Photo Every Saturday Babie!!! Previous I Next Post A Comment E -Mail to a Frlend ©Share Report This Image Page I of 1 i Webo Search My Account I Sign Out Back to Profile Back to Albums Forbidden by rating check You are not permitted to access the URL http://promos.web date-com/geo/custom/ho m prg=&url=&id=webdatej oin&a=myspaceM oapara msZEQUALZ2_ban neridZEQUAL due to the policy of your organization. If this is an error, then you should contact your local security gateway administrator. Llakz ko tha photo Photo URL: http://viewmorepics.myspace.com/ind Copy Photo code: copy it to your profile <a href="http://viewmorepics.myspac( Copy Sponsored Links 1 Pimp My Profile Free Layouts, Backgrounds & Glitter - Download them Now for Free! 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MySpace.com - View Image - Seduction Night Club - Photo 7 of 7 Status: (none) Mood: neutral Q) (Update) i nme I Mail v I Profile v I Friends v I Music Videos More v w Photos I Upload Photos Seduction Night Club - View Photo �4611 C� Previous I Next Post A Comment E -Mail to a Friend Share Report This Image Page 1 of 1 Webo Search My Account Sign Out Back to Profile Back to Albums Links to the photo Photo URL: http://viewmorepies.myspace.com/ind Copy Photo code: copy it to your profile <a href="http://viewmorepics.myspac( Copy Sponsored Links Pimp My Profile 100% Free Backgrounds & Layouts - Download them Now for Free Webfetti.smi leycentral.com About I FAQ I Terms I Privacy Policy I Safety Tips I Contact MySpace I Report Abuse I Advertise I MySpace International ♦ I MySpace Latino ©2003-2008 MySpace.com. All Rights Reserved. Exhibit MySpace.e®m - RIGHTEOUS 1,"i J G - 29 - Dale - FULLERTON, CALIF® - www.myspa... Page 5 ®f 13 Here Cllck here to view It full size and send me one back! r � i See more stickers Share this sticker! ird `L `1s_�1x If, '2 Pt '4--Y BOY ''JUST Si OWIN , Ou SUM Jul 2 M)8 10 4£n PM .Jun 15 2008 9'45 AM -�f r May 31 2008 2 10 PM Hey RIGHTEOUS KING, I just bought you as my PET! Click here to find out how much I think you're WORTHI us This comrm,E nl was sent by your Mend via the .0 (p_ Your Frlendal application. To Wej, axwwrtis sent via Apps. c-icA bm. May 28 2008 1 59 Pki C) wussup soon comin by tv show yo j_kige sum love no hodlio too ghost DONEDEAL CASH BE TFIE OREIA [F.xhibit Tustin Dining: Roderick's - OC Register t.t ..:...;.ts, 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-1 PM 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, jazz, comedy, dancing, brunch, dinner, lunch, live entertainment, bars, tustin.sports ^reator: 3taurant Details ierican 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. 1 1A - 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 Map data 02008 Tele Atlas - Terms of Use Page 1 of 2 [F.xhibit .s 6 7 s.. 9 10 11 12 13 14 15 16. 17 18 19 20 21 22 23 24 2s 26 27 2s 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 I 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 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 at 4131 Red Hill Avenue, Tustin. B. That a public hearing was duly called, noticed and held on said application on February8, - 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 proposed use nor be a detriment to the ppro arty and Improvements In the neighborhood of the subject property, nor to the ger~eral welfare of the Cit of Tustin as evidenced by the following findings: 1. The.. proposed 'project as conditioned, complies with adopted 9uideffnes 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 lirpited to privileges for a type 47 license. Sales of alcob. otic- 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 pooVbiiliard tables. Granting of the temporary use 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 28 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 (9-1) 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 �21Ayearsof age or older and supervised by someone twenty-one 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 Califomia Environmental Quality Act, pursuant to Section 15301 (Class 1). G. That the pro .ect 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. CRY 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 thele day of April, 1999. 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 int 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 art 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 shalt' hold harmless and defend the City of. Tustin from all claims and liabilides•arising..out of a challenge of the City's approval of this pmjea (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 compllance 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 ..r (1) STANDARD CONDITION CERA MITIGATION 3 UNIFORM BUILDING CODEIS 4 DESIGN REVIEW (5). �SQuON�3r BAGENCY S6j `ENT 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'subjddto 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 thebar. stools, coin operated video games, and the poollbilliard 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 9e 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 entertainmenUand 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 remaininga 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 pooVbilliard 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. coln operated video games and two pooVbilllard 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 arepermitted. 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 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 entertalnment.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). 2.1.7 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 'ora. 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 fora 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, Tffle 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 permk 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. W29 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 CommunityDevelopment Department, a cashier's check payable to the COUNTY CERK 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 pedod.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 theprovisions of. the California Environmental. Quality Act could be significantly lengthened. sues-zsu..dw . STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF TUSTIN ) RESOLUTION NO. 99-29 RESOLUTION CERTIFICATION 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.: EExhibit BUSINESS PERMIT nFaoQTMFNT 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 92750 PERMIT ISSUED FOR: LIVE ENTERTAINMENT DATE PERMIT ISSUED DECEMBER 59 2006 Permit subject to Conditions attached. Z�� eftly� . A --- Elizabeth A. Binsack, Director Community Development Department Hy DaAg-1 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: 1. 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 Conditiol 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. P-- MATTFIEW\R. HU—S 12- Z-L(o DATE SIGNED LIVE ENTERTAINMENT PERMIT SUPPLEMENTAL Please type or print NAME OF APPLICANT M&kjhc �,� DATE 7 •—Q �, BUSINESS NAME V,00r2ACA&'% EXACT LOCATION WHERE ENTERTAINER WILL PERFORM—(address as well as actual physical location on the premise's`) i u i s t1 ► 0.*A , ► 1 A.,a.,.., ._ �� ► i�t,./va •L�' _ _ '� .- _c.=,.•1tlu un DESCRIBE THE EXACT TYPE OF LIVE ENTERTAINMENT PROPOSED J 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. 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_ IVY Community Development Department i 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. This 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 Cbnditional 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 notified 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 necessara, code enforcement actions. F=. wive entertainment and public dancing snail be iocatec entirehf within the Interior o; the restaurant during normal business hours. G. No sex uallx, oriented businoec Shall he con -ducted con the premises V J J. Y ./ .+V� V i • v 'V �/1 V Vf,V �,/.I the '..1 VI• VV• 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 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 City's approval of this permit. Date ✓' Elizabeth A. Binsack Director of Community Development LL: eab/bourbonstentpermiLdpc Rei / Resta, eah1; shy La mith, -Ari Pr es, Bourbon Street Restaurant C , i Ail;- _ mow. DEM- - J " � 4r < <' ,•y...•y, ^�, :r .S f �•r. ' .' !:: yr' ,K wi v s tr r - .'X :a� - ,}•� J fir. si " , 'r. N t i; a net a Ann }'i 5 {1 J'- Y•' '-•:9vrr t?:; Y. Jin .•SQW.AT 3051 /N'• yx �- xv • i� ¢.. ' tf ar. • .. • .. r a 'f s 1 921, Twin A �Y is ' a x :r ' .53.1'^:' •Sr j' _ _ i. ITS Ops Tram ft {4. S� R. ► .. Cares - .s . yf: ' � •,�, r T � .p �9k�t rt rtJ. lys'` nSF .I /�.••'• � .y_ _ F•k + t;¢ Y: - I �( nnl�t]� undcw+elo , : ; Less Ls ech' .. .•`y '+ni`.i�.;! - lam. � .. ��f 0 0 xhlbit 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) Properties C1/SCR License Information 01/01/2008 12/31/2008 License Fee 0 0 Penalty Fee 0 $600,000.00 $0.00 0 0 0 Owner Information Y Sole Proprietor $80.00 $20.00 100.00 Paae 1 08/19/2008 City of Tustin Business License Detail Listing RODERICK'S ,**Not, Owner Information 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 11-05-06 Page 2 08/19/2008 RODERICK'S City of Tustin Business License Detail Listing License History From: 10/09/2006 To: 0811912008 10/09/2006 12/31/2006 License Fee 25.00 $25.00 01/01/2007 12/31/2007 License Fee 50.00 Penalty Fee 50.00 ($25.00) $100.00 01/01/2008 12/31/2008 License Fee 80.00 Penalty Fee 20.00 Transaction History From: 10/09/2006 To: 08/1912008 $100.00 $0.00 $0.00 Dann Z no14n1-%nno 10/09/2006 LICENSE $25.00 10/09/2006 PAYMENT ($25.00) 12/04/2006 RENEWAL $0.00 01/03/2007 RENEWAL $0.00 08/09/2007 CHANGE STATUS $0.00 08/09/2007 CHANGE STATUS $0.00 08/14/2007 LICENSE $100.00 08/14/2007 PAYMENT ($100.00) 12/05/2007 RENEWAL $0.00 03/04/2008 LICENSE $100.00 03/04/2008 PAYMENT ($100.00) $0.00 $0.00 Dann Z no14n1-%nno [F.xhibit 7 RealQuest.com ® - Report Property Detail Report For Property Located At 14131 RED HILL AVE, TUSTIN CA 92780-5833 aQuf-co Owner Information: Owner Name: WILSON HUBER G Mailing Address: 3185 MORITZ DR, HUNTINGTON BEACH CA 92649-1877 C005 C/O OLD TOWN INC Phone Number: Vesting Codes: Ltion Information oca Legal Description: IRVINE SUB LOT 34 BLK 11 POR OF LOT TR 361 County: ORANGE, CA APN: Census Tract / Block: 755-11212 Alternate APN: Township -Range -Sect: Flood Panel Date: Subdivision: Legal Book/Page: Map Reference: Legal Lot: 34 11 Tract #: School District: Legal Block: M k t Are a• Munic/fownship: ar e Neighbor Code: Owner Transfer Information: Recording/Sale Date: / Sale Price: Document M 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: Total Rooms/Offices: Total Restrooms: Roof Type: Roof Material: Construction: Foundation: Exterior wall: Basement Area: Zoning: Acres: Flood Zone: X Lot Area: Flood Panel: 0602350277H Lot Width/Depth: Flood Panel Date: 02/18/2004 Commercial Units: COMMERCIAL Building Class: Land Use: BUILDING Tax Information: Total Value: $232,467 Assessed Year: Land Value: $18,854 Improve %: Improvement Value: $213,613 Tax Year: Total Taxable Value: $232,467 Deed Type: 1 st Mtg Document #: 1 st Mtg Amount/Type: 1st Mtg Int. Rate/Type: 1 st Mtg Document #: 2nd Mtg Amount/Type: 2nd Mtg Int. Rate/Type: Price Per SgFt: Multi/Split Sale: Prior Lender: Prior 1 st Mtg Amt/Type: Prior 1st Mtg Rate/Type: 0.16 6,860 x C 2007 092% 2007 Garage Area: 432-041-17 IRVINE 23-F3 / 830-05 361 TUSTIN UNIF Garage Capacity: Parking Spaces: Heat Type: Air Cond: Pool: Quality: Condition: County Use: State Use: Site Influence: Sewer Type: Water Type: Property Tax: Tax Area: Tax Exemption: Page 1 of 1 COMMERCIAL (3) $3,449.52 13001 California Business Search DISCLAIMER: The information displayed here is current as of AUG 15, 2008 and is updated weekly. It is not a complete or certified record of the Corporation. Corporation OLD TOWN, INC. Number: C1724041 Date Filed: 4/23/1993 Status: active Jurisdiction: California Address 3185 MORITZ DRIVE HUNTINGTON BEACH, CA 92649 i tti'1t1C Of StAt6 DEBfi-•�, B(--)wET-I LARRY R SMITH DISCLAIMER: The information displayed here is current as of AUG 15, 2008 and is updated weekly. It is not a complete or certified record of the Corporation. Corporation OLD TOWN, INC. Number: C1724041 Date Filed: 4/23/1993 Status: active Jurisdiction: California Address 3185 MORITZ DRIVE HUNTINGTON BEACH, CA 92649 Agent for Service of Process LARRY R SMITH 3185 MORITZ DRIVE HUNTINGTON BEACH, CA 92649 Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. Page I of 1 b 0 W CA, 2007-2008-432-041-11,14131 KtU F11LL AVt, I UJ I IN %,/A au ov-Uoaa, . lm— — iOJ ISO' yt�i,N<�Ha Fiotb�'nH�i •l' `Y N.2 tip s m2j�y.0 N A<2�•+� H ba6�� N n GmH�T 8 knOiO< 0 c" tn `moo ONS to on 2�b Cl a SANTA ANA 500-14 0 . ... .... . . FREEWAY n 0 0 a w N 1 O 1-A ,1 09 MITCHELL -� AVENUE o O � n a VEEN ON/VE iOJ ISO' yt�i,N<�Ha Fiotb�'nH�i •l' `Y N.2 tip s m2j�y.0 N A<2�•+� H ba6�� N n GmH�T 8 knOiO< 0 c" tn `moo ONS to on 2�b Cl a SANTA ANA 500-14 0 . ... .... . . FREEWAY n 0 0 a w N 1 O 1-A Exhibit 0.6 co 1> 00 e .n• ._.dam`-$' .. _. ... -_:;_ � .. -`^'" - _.. - ' 71 0 i b�n 0 a a I M r oot -�fj � � m �� 2&22 / 7 � z ƒ\ » v z v � �� 0 0 64,