HomeMy WebLinkAbout03 CUP 09-015Report to the
Planning Commission
DATE: AUGUST 25, 2009
SUBJECT: CONDITIONAL USE PERMIT CUP 09-015
PROPERTY OWNER: 15405 VAN OWEN COMPANY
11440 SAN VICENTE BLVD. #200
LOS ANGELES, CA 90049
APPLICANT: A.N. MARKET & SMOKESHOP
ANJANA PATEL
13842 NEWPORT AVE.
TUSTIN, CA 92780
LOCATION: 13842 NEWPORT AVENUE, UNIT C
GENERAL PLAN: COMMUNITY COMMERCIAL
ZONING: COMMERCIAL GENERAL (CG)
ENVIRONMENTAL
ITEM #3
TUSTIN
STATUS: PURSUANT TO SECTION 15270(A) OF THE CALIFORNIA CODE
OF REGULATIONS (GUIDELINES FOR THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT) CEQA DOES NOT APPLY TO
PROJECTS WHICH A PUBLIC AGENCY REJECTS OR
DISAPPROVES.
REQUEST: A REQUEST FOR AUTHORIZATION TO ESTABLISH AND
OPERATE A CONVENIENCE STORE IN CONJUNCTION WITH
AN EXISTING TOBACCO STORE/SMOKE SHOP.
Planning Commission Report
Conditional Use Permit 09-015
Page 2
RECOMMENDATION
That the Planning Commission adopt Resolution No. 4130 denying Conditional Use
Permit (CUP) 09-015 requesting to establish and operate a convenience store in
conjunction with an existing tobacco store/smoke shop located at 13842 Newport
Avenue, Unit C.
BACKGROUND AND DISCUSSION
Existing at the project site is a 1,340 square foot tenant space authorized for use as a
tobacco store (smoke shop). From March 2004 to May 2005, the subject tenant space
was occupied by Cigarettes For Less and prior to that by Cigarettes Cheaper since
August 1996.
The applicant, Mr. Patel, originally applied for a business license application in 2005 as
A.N. Market and Smoke Shop indicating that they would be selling convenience items
such as chips, sodas, groceries, beer, wine, etc. Upon review of the business license
application, on May 23, 2005, a letter was written to the applicant indicating that the
business operation would be considered a convenience store and would need approval
of a conditional use permit prior to business license approval (Attachment D). The
applicant subsequently decided to modify the business license application by
eliminating the convenience store operation and limiting the business to a tobacco store
only. The business name on the business license application was also modified to
Patel's Smoke Shop. The business license was then approved as a tobacco sales
establishment and was opened at the subject location on May 31, 2005. At this time,
the applicant is proposing to operate a convenience store at the subject property in
conjunction with an existing tobacco store business.
Tustin City Code Section 9235c(ff) requires approval of a Conditional Use Permit prior
to establishment of a convenience store. Tustin City Code Section 9297 defines
convenience store as any establishment fewer than 15,000 square feet in size where
food, beverage, magazine, and auto -related items, or any combination thereof, are sold
for off-site use and/or consumption.
The following is a discussion and analysis of the site and location; prior Commission
and Council's actions related to the site; relevant Tustin City Code violations; Police
Department investigations; and the conclusions and findings as to why staff is
recommending denial.
Site and Location
The tenant space is located within a small commercial center comprised of four retail
tenants (a video store, the subject tobacco store/smoke shop, a pizza restaurant, and a
yogurt shop) which total approximately 9,750 building square feet. The site is located
on the southeast corner of the intersection of Newport Avenue and Walnut Street. The
property is zoned Commercial General (CG) zoning district and has a General Plan
Planning Commission Report
Conditional Use Permit 09-015
Page 3
Land Use designation of Community Commercial. Commercial uses are found to the
north, south, and west of the project site along Newport Avenue while multiple family
residential uses are to the rear of the property (east) behind the commercial uses that
line Newport Avenue. Tustin High School is located one block east of the project site
approximately 450 feet from the project site and Lambert Elementary School is located
two blocks to the northeast approximately 600 feet from the project site.
Prior Planning Commission and City Council Actions
related to Convenience Store at the project site
On March 10, 1986, the City of Tustin Planning Commission adopted Resolution No.
2305, denying a request for an Alcoholic Beverage Control (ABC) license for the sale of
beer and wine for off-site consumption for a proposed convenience store located at
13842 Newport Avenue, Unit A (project site). The decision of the Planning Commission
was then appealed to the Tustin City Council where on April 21, 1986, the decision of
the Planning Commission was upheld through the adoption of Resolution No. 86-41
(Attachment E). Findings by the Planning Commission as well as the City Council noted
that: An alcoholic beverage sales establishment is inappropriate at this location due to
Planning Commission Report
Conditional Use Permit 09-015
Page 4
its proximity to C.C. Lambert Elementary School and Tustin High School (within 600
feet); that an alcoholic beverage sales establishment is inappropriate at this location
due to its proximity (less than 100 feet) to residential properties because of increased
noise, light intensity, and loitering caused by the proposed use; and, that the
establishment, maintenance, and operation of the use applied for will be injurious or
detrimental to the property and improvements in the neighborhood of the subject property,
and to the general welfare of the City of Tustin. As a result, the proposed convenience
store was not established at the subject property.
Tustin City Code Violations
The applicant, Mr. Patel, has been the subject of multiple code violations. The owner
has been written multiple Notices of Violation by City Code Enforcement for selling
products that would qualify it as a convenience store not as a tobacco store/smoke shop
as the City has authorized through the approved business license application.
Pursuant to the California Business and Professions Code Section 22962(a)(4), a
tobacco store is defined as a retail business that meets all of the following requirements:
• Primarily sells tobacco products;
• Generates more than 60 percent of its gross revenues annually from the sale of
tobacco products and tobacco paraphernalia;
• Does not permit any person under 18 years of age to be present or enter the
premises at any time, unless accompanied by the person's parent or legal
guardian, as defined in Section 6903 of the Family Code; and,
• Does not sell alcoholic beverages or food for consumption on the premises.
Tobacco stores may have self-service displays of cigars, pipe tobacco, snuff, chewing
tobacco, or dipping tobacco, provided that in the case of cigars they are generally not
sold or offered for sale in a sealed package of the manufacturer or importer containing
fewer than six cigars.
On May 10, 2006, a City Code Enforcement Officer inspected Patel's Smoke Shop due
to a complaint and issued a Notice of Violation for the sale of items associated with a
convenience store without a valid CUP (Attachment F). The items included, but were
not limited to sodas, coffee, ice cream, candy, chips, condoms, lotions, hot sauce,
combs, perfume, and adult videos. These are the same type of items which the
business owner was informed prior to obtaining a business license would not be
permitted at the site without approval of a CUP. The owner, Mr. Niranjan Patel, agreed
to remove all unauthorized items and upon a second inspection the items had been
removed. It should also be noted that while all items were removed, the refrigerators,
freezers and racks which contained said items were still in the store. The case was
closed on May 25, 2006.
Planning Commission Report
Conditional Use Permit 09-015
Page 5
After receiving additional complaints, on March 11, 2009, a City Code Enforcement
Officer again inspected Patel's Smoke Shop and issued another Notice of Violation for
the sale of items associated with a convenience store without a valid CUP (Attachment
F). Unauthorized items for sale within the store included but were not limited to: soft
drinks, energy drinks, snacks, candy, and ice cream. Mr. Patel did remove all
unauthorized items from the store in addition to the freezer and the case was closed on
March 22, 2009. The store was allowed to continue selling water, flavored water, and
vitamin water.
In addition, a sign has been placed on the storefront without City approval or permits
which identifies the tenant space as A.N. Market and Smoke Shop — Groceries.
May 2006
March 2009
August 2009
Planning Commission Report
Conditional Use Permit 09-015
Page 6
Police Department Investigations
The applicant, Mr. Patel, has sold tobacco product to underage individuals and has
been cited by the Police Department. In addition, as part of the Police Department
Special Investigation Unit, the Police Department performed several investigations
regarding the illegal sales of tobacco to minors using TPD explorers as decoys
throughout the City. The subject location has been part of the operation and based
upon investigations, the City of Tustin Police Department issued several citations to Mr.
Patel involving the illegal sale of tobacco products and the illegal sale of tobacco
products to minors (Attachment G). The following is a summary of citations issued by
the Police Department:
• On September 26, 2007, at 3:20 p.m., Mr. Niranjan Patel, business owner, was
issued a citation for the sale of individual cigarettes to customers. An undercover
officer witnessed Mr. Patel sell individual cigarettes to a customer and then Mr. Patel
sold individual cigarettes to the undercover officer. California Penal Code 308.2
prohibits the sale of one or more cigarettes other than in a sealed and properly
labeled package. A sealed and properly labeled package means the original
packing of the manufacturer or importer which meets federal labeling requirements.
The original customer was contacted outside the business and told the officer that
he frequently buys individual cigarettes from the business. Mr. Patel admitted to
selling individual cigarettes.
• On February 24, 2008, at 2:35 p.m., City of Tustin Police Officers watched three
minors walk into the subject store. A few minutes later the officers observed the
three minors walk out of the store and into an alley behind the store. The three
minors lit a cigar and began smoking it. At that time the officers intervened and
issued each minor a citation for possession of tobacco products.
• On March 6, 2009, at 2:40 p.m., City of Tustin Police Officers witnessed Mr. Niranjan
Patel sell a pack of Marlboro cigarettes to a minor and then give the minor a small
cigar for free. Officers witnessed Mr. Patel sell the pack of cigarettes without asking
for or checking identification for the minor. Officers then stopped the minor and
another accompanying minor down the street. The minor who purchased the
cigarettes did not have any identification and told the officers that Mr. Patel did not
ask for identification or the age of the minor. Officers then confronted Mr. Patel
regarding the sale and he denied selling the cigarettes without checking
identification. Mr. Patel was issued a citation for the sale of tobacco products to
minors, and the two minors were issued citations for the possession of tobacco
products.
• On August 7, 2009 the City of Tustin Police Department Special Investigations Unit
performed a citywide operation regarding the illegal sale of tobacco to minors using
Tustin Police Department Explorers as decoys. At 2:22 p.m., City of Tustin Police
Officers investigated Patel's Smoke Shop and witnessed Mr. Niranjan Patel sell a
pack of Marlboro cigarettes to a minor. At no time did Mr. Patel ask the age of the
customer or check identification. Approximately ten minutes later at the subject
Planning Commission Report
Conditional Use Permit 09-015
Page 7
location a City of Tustin Police Officer witnessed a minor attempt to buy a pack of
cigarettes from Mr. Patel. At that time Mr. Patel did not sell the pack of cigarettes to
the minor; however, he asked a male customer standing in line behind the minor if
the customer could buy the pack for the minor because the minor was underage.
The male customer proceeded to buy the pack of cigarettes for the minor and later
gave them to the minor outside of the store. When confronted by the police officers,
Mr. Patel denied selling cigarettes to a minor and denied asking a customer to
purchase cigarettes for a minor. Mr. Patel was issued a citation for the sale of
tobacco products to a minor.
CONCLUSION AND FINDINGS
Pursuant to Tustin City Code Section 9290, in determining whether or not the to grant
approval or deny the proposed establishment of a convenience store in conjunction with
the existing tobacco store/smoke shop at the subject location, the Planning Commission
must determine whether or not the proposed use to be operated by Mr. Patel will be
detrimental to the health, safety, morals, comfort, or general welfare of the persons
residing or working in the neighborhood, 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 Mr. Patel's repeated Tustin City Code violations and the
fact that Mr. Patel has been repeatedly violated the State's law with regard to illegally
selling tobacco to minors, staff recommends that the Planning Commission deny Mr.
Patel's request to establish a convenience store in conjunction with a tobacco
store/smoke shop. A decision to deny this request may be supported by the following
findings:
1. That the project site is located approximately 450 feet from Tustin High School
and approximately 600 feet from Lambert Elementary School. The proximity of
the project site to Tustin High School and Lambert Elementary school would
have the propensity to entice activities involving minors. The addition of
convenience goods to the tobacco store/smoke shop would make the site more
accessible to minors and may increase the accessibility of tobacco related
products to minors. The use as a tobacco store/smoke shop is prohibited to
persons under eighteen (18). If a convenience store is approved, the facility
would be freely accessible to minors as would the tobacco products.
2. That the business owner has been operating an unauthorized convenience
store at the subject location and has twice been issued a notice of violation by
City Code Enforcement Officers. The existing sign advertising a market and
smoke shop in which the market was not authorized has been installed without
proper sign permit. Accordingly, compliance with Tustin City Codes does not
appear to be of tantamount importance to the business owner.
3. That the business owner has engaged in illegal sales of tobacco products to
minors. The applicant has a proven record of operating a business illegally at
the subject location and has repeatedly been involved in illegal activities
involving minors. While operating an unauthorized convenience store, the
Planning Commission Report
Conditional Use Permit 09-015
Page 8
business owner has continually been involved in the sale of tobacco related
products to minors.
4. That based upon the repeated violations and the number of incidents involving
sales of tobacco products to minors, one can conclude that the subject tobacco
store/smoke shop and in particular, the applicant, has a reputation within the
community of not checking identification and not complying with the law
regarding the sale of tobacco -related products.
5. That pursuant to the State Law, the tobacco store/smoke shop on the premises
is prohibited from having minors enter the shop unless accompanied by a
parent or legal guardian. The addition of a convenience store to the existing
tobacco store/smoke shop would allow minors to enter the facility without the
need of a parent or legal guardian accompanying them; thus, would increase
access to tobacco related products and would results in additional police and
code enforcement actions.
6. The establishment of a convenience store in conjunction with a tobacco/smoke
shop at the proposed location and run by the applicant with records of violating
the law regarding the sale of tobacco -related products to minors will be
detrimental to the health, safety, morals, comfort, and general welfare of the
persons residing and working in the neighborhood and the City as a whole.
Ryan Swiontek Elizabeth A. Binsack
Associate Planner Community Development Director
Attachments:
A.
Location Map
B.
Land Use Fact Sheet
C.
Submitted Plans
D.
Business License Letter dated May 23, 2005
E.
City Council Resolution No. 86-41
F.
Code Enforcement Notices of Violation
G.
Police Citations
H.
Resolution No. 4130
ATTACHMENT A
Location Map
ATTACHMENT B
Land Use Fact Sheet
LAND USE APPLICATION FACT SHEET
1. LAND USE APPLICATION NUMBER(S): CONDITIONAL USE PERMIT 09-015
2. LOCATION: NEWPORT AVE & WALNUT ST. 3. ADDRESS: 13842 NEWPORT AVE
4. APN(S):500-152-28
5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: NONE
6. SURROUNDING LAND USES:
NORTH: COMMERCIAL SOUTH: COMMERCIAL
EAST: RESIDENTIAL WEST: COMMERCIAL
7. SURROUNDING ZONING DESIGNATION:
NORTH: PC -COMM SOUTH: C-1
EAST: R-32000 WEST: PC -COMM
8. SURROUNDING GENERAL PLAN DESIGNATION:
NORTH: OLD TOWN COMMERCIAL SOUTH: COMMUNITY COMMERCIAL
EAST: HIGH DENSITY RESIDENTIAL WEST: OLD TOWN COMMERCIAL
9. SITE LAND USE:
A. EXISTING: RETAIL B. PROPOSED: RETAIL
C. GENERAL PLAN: COMMUNITY COMMERCIAL D. ZONING: CG
PROPOSED GP: SAME PROPOSED ZONING: SAME
DEVELOPMENT FACTS:
NO CHANGE TO EXISTING DEVELOPMENT
11. BUILDING AREA: 9,750 S.F.
12. TENANT SPACE: 1,340 S.F.
ATTACHMENT C
Submitted Plans
L
d
i+
C
d
V
O�
G
S
CL
O
L
U)
'C
O
CL
3
as
z
APR -10-2009 FRi 03�!S PM
FAX N0.
I
P. 02
q
i�
I
H
i
0
rc
W
>
�,
a
o
_
w
^O
yW
W
D
U
Q
g
�w
LL
C*
C*
Ad WES Y 6O0M" olpa zfz va" Lmou*jn ::uoi�
u.l cl:M IAA 6OOZ-0I-Bdd
EXHIBIT "A"
SITE PLAN
This Exhibit "A" is attached to and farms a part of that certain lease dated Mav12. 2005. between
Landlord, Walnut & Newport Center, a Califomia limited partnership, and Tenant, Nimnian Patel and
Aniana Patel husband and wife and Krishna Patel an Individual
NEWPORT PLAZA I
MONUMENT SIGN
RECEIVED
MAY 18 2009
COMMUNITY DEVELOPMENT
OY
Landlord's Initials
Tenant's Initials
EXHIBIT 'E'
SIGN CRMRIA
PIVOT
SIGN TO CANOPY p1^"^1e1•
MOLKnNe•
(PAINT TOMATCI{ der Can
STORE BEAMS Under
we _
Detail: Under -Canopy Sandblasted Wood Stan (Sinn Type DI
This Signage Crtteria Prepared By IEA Signs
R 4-26-02
Landlord's Initlals
N;\ Nf %DAWD,ZMS LFAMIn aGkArns �., Eg
Tenant's Initlals
EXHIBIT "E"
SIGN CRITERIA
i='TENANT SIGN
=On
Ten.m filgn
ISlgn Type D)
Individual Int1mollY Illuminated channel letter Tenant aI,mfront wall sl (Sig, Tvue A)
SECTION DETAIL• STANDARD, ILLIININATED CHANNEL LETTER.
UPPER TENANT SIGN (
Type A)
TENANT SIGN -Muni
n(Sign Type A)
Laaa Lens
Line Storefront Promise. Witlth IV n ) ILIn.
lYoieel Storefront Elevation ie,,,,, T __ _I
onl
Landlord's Inigals
Tenant's Initials
a:UaenWanmlplVID1AM v"cnergr OGNaT1E5 pPAPm)nlMlmr E-0pc
ATTACHMENT D
Business License Letter dated May 23, 2005
Community Development Department
---MrZ3,-20G �`��° � �°'�' City of Tustin
300 Centennial Way
AN Market & Smoke Shop Tustin, CA 92780
Attn: Anjana Niranjan Patel 714.573.3100
13842 Newport Avenue, Suite C
Tustin, CA 92780
SUBJECT: BUSINESS LICENSE APPLICATION — AN MARKET & SMOKE SHOP
Dear Anjana Patel:
We have received your business license application for AN Market & Smoke Shop at 13842
Newport Avenue, Suite C, and the business license payment of $75.00. As indicated on your
application, the proposed business activity would consist of retail sales of various groceries,
including cigarettes. Due to the zoning regulations applicable to the subject property, we are
unable to process your application as submitted.
The property at 13842 Newport Avenue is located within the Retail Commercial (C-1) zoning
district. A retail market under 15,000 square feet that sells a variety of convenience items is a
conditionally permitted use in the C-1 zoning district pursuant to the Tustin City Code.
Therefore, the approval of a conditional use permit (CUP) would be required prior to the
establishment of the business at that location.
Please keep in mind that the proposed sales of alcoholic beverages for off-site consumption
would not be allowed at the proposed location because the location is less than 300 feet from
residential property, which is the minimum distance separation required by the Tustin City Code
for off-site alcoholic beverage sales establishments.
To request approval of a CUP, please complete and submit the attached application. Please
note that the fee for a CUP application is $375.00. Once we receive a complete application, a
public hearing before the Planning Commission can be scheduled in about four to six weeks.
Please be advised that the City of Tustin has not issued you a business license at this time and
operating without a business license is a violation of the City's ordinances. Should you wish to
submit an application for a conditional use permit or have any questions, please contact me at
(714) 573-3016 by June 6, 2005.
Sincerely,
Scott Reekstin
Senior Planner
cc: Senior Planner, Current Planning
Hy Dang, Business License Technician
Code Enforcement
Planner of the Day Desk
Attachment
SRAscott\business\13842 Newport C letter (convenience store cup).doc
ATTACHMENT E
City Council Resolution No. 86-41
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 86-41
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, UPHOLDING THE PLANNING COMMISSION'S
DENIAL OF USE PERMIT 86-6 FOR AN OFF-SITE BEER
AND WINE SALES LICENSE AT 13842-A NEWPORT AVENUE
The City Council of the City of Tustin does hereby resolve as follows:
I. The City Council finds and determines as follows:
A. That a proper application (Use. Permit 86-6) has been filed by La
Mancha Development Company requesting authorization for an
off-site beer and wine sales license at 13842 Newport Avenue,
Suite A.
B. That a public hearing was duly called, noticed and held by the
Planning Commission of the City of Tustin on February 24, 1986
on said application.
C. The Planning Commission denied Use Permit No. 86-6 by the
adoption of Resolution No. 2305 which denied the authorization
for an off-site beer and wine sales license at 13842-A Newport
Avenue based upon the following findings:
1. That the establishment, maintenance, and operation of the
use applied for will be injurious or detrimental to the -
property and improvements in the neighborhood of the
subject property, and to the general welfare of the City of
Tustin as evidenced by compliance with the City's Zoning
and Development standards.
2. That an alcoholic beverage sales establishment is
Inappropriate at.this location due to its proximity to C.
C. Lambert Elementary School and Tustin High School (within
600');
3. That an alcoholic beverage sales establishment at this
location is inappropriate due to its proximity (less than
100') to residential properties because of increased noise,
light intensity and loitering caused by the proposed
applicant's use.
D. That on February 27, 1986 the applicant filed an appeal of the
Planning Commission denial of Use Permit 86-6 to the Tustin City
Council.
E. A public hearing before the City Council was duly called,
noticed, and heard on said appeal.
1
2
3
4
5
6
7
8
9
10
11
12
13
1
21
Resolution No. 86-41
Page two
II. The City Council hereby upholds the Planning Commission denial of
Use Permit 86-6 based upon the findings:
A. That the establishment, maintenance, and operation of the use
applied for will be injurious or detrimental to the property and
improvements in the neighborhood of the subject property, and to
the general welfare of the City of Tustin as evidenced by
compliance with the City's Zoning and Development standards.
B. That an alcoholic beverage sales establishment is inappropriate
at this location due to its proximity to C. C. Lambert
Elementary School and Tustin High School (within 600').
C. That an alcoholic beverage sales establishment at this loation
.is inappropriate due to its proximity (less than 100') to
residential properties because of increased noise light
intensity and loitering caused by the proposed applicant's use.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council on the
21st I day of Anvil 1986.
�, 1.
AR WYN ity Cle
DONALD J/ALTARELLI, Mayor
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF TUSTIN )
MARY E. WYNN, City Clerk and ex -officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole nunber of the members of
the City Council of the City of Tustin is five; that the above and foregoing
Resolution No. 86-41 was duly and regularly introduced, passed and adopted at a
regular meeting—F—the City Council held on the 21st day of April, 1986, by the
following vote:
AYES COUNCILPERSONS: Edgar, Hoesterey, Kelly, Kennedy, Saltarelli
NOES : COUNCILPERSONS: None
.,� ABSENT: COUNCILPERSONS: None
£. %
MARY E. WYNNACItY c
City of Tust C, California
ATTACHMENT F
Code Enforcement Notices of Violation
NOTICE OF VIOLATION
CITY OF TUSTIN
DEPARTMENT OF COMMUNITY DEVELOPMENT
Name of Owner/9eenpan A„ *t+0. N ir& i,_t Date
^ trawJa„n VA I
Address 13942 M'"v% AvCvtAc *C Phone
As part of the continuing program of preserving and improving our community, an inspection has been made of your
property and the following violation(s) of the Tustin City Code were observed:
( ) 1. Abandoned /Inoperable
vehicles or discarded property
prohibited.
T.C.C. 5502 (a)
( ) 2. A Rooster shall be
maintained a minimum of 100 feet
from any dwelling structure.
T.C.C. 4221 (b)(3)
( ) 6. Obstructing streets,
sidewalks, alleys and other public
property.
T.C.C. 7210
( ) 7. Non -maintenance of
landscape, dead or overgrown
vegetation prohibited.
T.C.C. 5502 (mxq
( ) 3. Unmaintained pool, or body ( ) 8. Fences and walls in
of water prohibited. disrepair prohibited.
T.C.C. 5502 (g) T.C.C. 5502 (m)(3)
( ) 4. No occupied beehive shall
be closer than 100 fast from any
residential structure, street or
highway.
T.C.C.4221(ax4)
( ) 9. Vehicle, boat, camper shell,
parked or stored on unpaved
surface or blocks access to
required parking prohibited.
T.C.C. 5502 (k)
( ) 11. All solid waste containers
must be shielded from view within
a building or area enclosed by a
wall not less than 6 feet in height
T.C.C. 4312 (d)(3)(a)
( ) 12. Human signs shall be
prohibited within 200 fed of any
street intersection.
T.C.C. 9403(d)(15)(a)
( ) 13. Sign type, material or
location prohibited
T.C.C. 9404 (a)
( ) 14. Any condition which
exists upon any premises that is
dangerous to human life or is
detrimental to health
T.C.C. 5502 (b)
( ) 16. Franchise or contact with
City required prior to container
delivery.
T.C.C. 4321
( ) 17. Permit required for balloon
display (Only permitted in
conjunction with a special event)
T.C.C. 9403 (dx5)
( ) 18. Sign permit required.
T.C.C. 9403
( ) 19. Prohibition on illicit
connections and prohibited
discharges T.C.C. 4901
( ) 5. Deteriorated parking ( ) 10. Accumulation of trash and ( ) 15. Business License ( ) 20. Mobile Automobile Services
surfaces prohibited. debris prohibited. required Permit Required
T.C.C. 5502 (m) (6) T.C.C. 5502 (m)(6) T.C.C. 2512 T.C.C. 3321
(�) 21, Other T.c.c. q�� — RckA;l G,wt� t V_Ci0,l-DISMe-t
Required actions to abate the
oerv,Wrl. hAtivtrt *0 Comply wKK `1'k(S vwiice /av\ i'++Ww- violatlm Yv1Av result, iv-. YI,E iSSuatNc
'ek- A ei {tow dW'JJor +W_' fa"i'AeSS 11cw&Se_ be(wA revoKed- I
You are hereby requested to correct the violation(s) noted above *ithin 2 day(s) from the date of this notice. An
inspection will be made following that date to assure all corrections/repairs have been completed. Failure to abate the
violation(s) may result in a re -inspection fee at a rate of $75.00 an hour (Minimum 2 hours) and could result in the
issuance of a Misdemeanor Citation which is punishable by fine of up to $500.00 and/ term of up to six months.
If you have any questions, please contact the undersigned at (714) 573-31p--(714) 573-3135 or 14) 573-3149, or visit
the Community Development Department at City Hall, 300 Cente alWay. You pe)ation will assist us in
preserving and improving the community. Thank you. � A
Distribution:
u
1415
141
r"11�KODL
.�j
$540
I
I •� �. jt %f Y v�
I I
0.11U �54
i 1
i'Y�.y I QIP'
+'
1540
r �
NOTICE OF VIOLATIC-N
CITY OF T'USTM
DEPARTMENT OF COMMUNITY DEVELOPMENT
Name of
As part of the continuing program of preserving and improving our community, an inspection has been made of your
property and the following violation(s) of the Tust jt City Code were observed:
( ) 1. Abandoned /Inoperable ( ) 6. Presence of graf6t�i ( ) 11. Business License
vehicles or discarded property
on public or private
'required
prohibited.
property prohibited. -
T.0 C. 2512
T.C.C. 5502 (a)
T.C.C. 5502 (1)
T.C.C. 8700 adopting U.B.0
O 2. Working on vehicles
O 7. Non -maintenance
O 12. Sign permit required.
or equipment within public
of landscape, dead or
T.C.C. 9403
sight prohibited.
overgrown vegetation
T.C.C. 5502 (f)
prohibited.
fS e A
20. Other —�
T.C.C. 5502 (m)(1)
( ) 3. Unmaintained pool,
( ) 8. Fences and walls
O 13, Sign type, material or
or body of water
in disrepair prohibited,
location prohibited.
prohibited.
T.C.C. 5502 (m)(3)
T.C.C_ 9404 (a)
T.C.C. 5502 (g)
( ) 4. Living in camper,
O 9. Deteriorated
O 14. Use of property not
trailer, vehicle or
parking surfaces
allowed in residential district.
temporary structure for
prohibited.
T.C.C. 9223 (a)
dwelling purposes
T.C.C. 5502 (m) (6)
prohibited
T.C.C. 5502 (h) and 0)
( ) 5. Vehicle, boat,
( ) 10. Accumulation of
( ) 15. Construction without a
camper shell, parked or
trash and debris
permit.
stored on unpaved surface
prohibited.
T.C.C. 8700 adopting U.B.0
or blocks access to
T.C.C. 5502 (m)(6)
Section 301 (a)
required parking
prohibited
T.C.C. 5502 (k)
fS e A
20. Other —�
Un C�
�y
( ) 16. Existence of structural
hazards.
T.C.C. 8700 adopting U.H.C.
Section 1001 (c)
( ) 17. Existence of hazardous
electrical wiring.
T.C.C. 8700 adopting U.H.C.
Section 1001 (f)
( ) 18. Existence of hazardous
plumbing.
T.C.C. 8700 adopting U.H.C.
Section 1001 (f)
( ) 19. Prohibition on illicit
connections and prohibited
discharges
T.C.C. 4901
Required actions to abate the violationis):__C!Cd6p m i j unn.j4Vjp[ t' 7–&A A USC5 -
You are hereby requested to correct the violation(s) roted above within " m day(s) from the date of this notice. An
inspection will be trade following that date to assure all corrections/repairs have been completed. Failure to aba.e the
violation(s) may result in a re -inspection fee at a rate of $50.00 an hour and could result in the issuance of a Misdemeanor
Citation which is punishable by fine of up to $500.00 and/or a jail term of up to six months.
If you have any questions, please contact the undersigned at 714 573-3 or (714) 573-3135, or visit the Community
Development Department at City Hall, 300 Centennial I , 7our cooperation will assist us in preserving and improving
the community. Thank you., 10�
X,
Distribatien: whlte•a1e
4 1
0
1
F dpi �.y 'Vfi'•
1yp� A
d'
y �M1
KID i qF'
A.49
0 1 .0 L
l � r
e'm� 7 fit
I
2 8..k it
k
w
r" 4 N•
AW
F"T ��� �i ;' fr 1
T :1
�"� s
\
�
1
L�
V
WMi
WR
FREF.
r
rn �
r" 4 N•
AW
F"T ��� �i ;' fr 1
T :1
�"� s
ATTACHMENT G
Police Citations
Tustin Police Dept.
Original Report
T-361258
I am a police sergeant assigned to the Tustin Police Department Special
Investigations unit. On 9-26-07 I entered the business at 13842 Newport Ave
in an undercover capacity. This business is a "smoke shop" that focuses on
the sales of tobacco and tobacco related products. The TPD Special
Investigations Unit has received several complaints regarding this business
selling tobacco products to minors.
While in the business I saw the clerk, Patel Niranjan, sell 5 individual
cigarettes to � for $1.25. I approached Niranjan and asked him
if I could purchase an individual cigarette. Niranjan told me yes and quoted
a price of 25 cents each. I gave Niranjan a quarter and he gave me an
individual Marlboro cigarette.
Avila was contacted outside the business by Det. Suzy Nunley and he told
her he frequently buys individual cigarettes from this business.
Niranjan was cited for the above violation and during the citation process,
Niranjan said he only sells individual cigarettes from damaged packages
because his supplier will not accept damaged product back from him.
Niranjan was cited by Det. S. Nunley.
Det. Sgt. Del Pickney #712
Tustin Police Dept.
Special Investigation
WITNESS INFORMATION
Jonathan Avila DOB 1-2-85
D6340161
13668 Redhill #C
Tustin CA. 92780
714-734-8401
7EPT. COPY TUSTIN POLICE DEPARTMENT T 361253
NOTICE TO APPEAR MISDEMEANOR 1
OTRMC_11IMAM:
DATE OF VIOLATgN TIME OAM DAY OF WEEK CPSEA
N U
A IFIRST, AYDOLE, B a ❑OWN SRESPONS ILRY (VEH. COOEjA l) �
A DRE __
Q YES
STATE COMMERCIAL VEHICLE
(VEh. CUM, § 15210(b)1
M I
❑ O _
SPEED APPROX. P AW SM Eli LMT. USER I RADAR CONT. PoRM N
'� ❑ ❑ F
uED W E
LOCATION OF VIOLATION(S) XNT r
AT I Al lob a- S I
WEATHER
SRF TRAFFIC LIDNT
CLOY CUR N RN OflY WET LIDM MED MEA, DAMN DAY IOGIHL
Lj,)(MOIATKNIS NOT COMMITTED IN MY PRESENCE. DEDLARED ON INFORI TION AND BELIEF.
I CI:RAM VMPEII PENV.iY
OF RNWMY U Oi1E 7OFTMI n4i OFCNRONM DCYCKK-0IW bTbrs Ni GPR41'.
IIIA�ARIRESTINOORCI NGOFFICER IAL NO. DATER OFF
NIDIDUT ADMITTI U%.T, I ISE APPEAR AT TME TIME AND PUCE INDICATED BEl OV/.
WHEN: ON ORBEFORE THIJ�_l, TImO:.B AN w
NHAT TO DO: FOLLOW THE CTION9 ON THE REVERSE
WHERE: THE SUP COURT OF CALIFORNIA'
COUNTY ORANGE. CENTRAL JUSTICE CENTER
TOD CIVIC CENTER DRIVE WEST, SANTA ANA, CA 9701 (714) IID4- 6
❑'Tb b0 bbblMAd ❑ Ya ^bT BR419P w%h d1e UBrM b APPNf 010 MDM AseAbn U MB avert 01
ALL JUVENILES MUST APPEAR WITH PARENT/GUARDIAM 00
JUDICIAL DOUBDR OF QkUFORNM FORM SEE REVERSE
REV. MW6 (VIOL CODE, H 4060o(b). A06130). A050Z. aQiW: Fan. a,aa. 4 w 0) TFI.130
❑ HAZARDOUS MATERIAL
(Yoh. Cod*, § 353)
.14'EVIDENCE O FINANCML RE9PONSIMLItt
RMUTTERED 0WNE9 bRLESSEE
0SAMIE AS DRIVER
ADDRESS
D SAME AS DRIVER.
Cm STATE
ZIP CODE
CORRECTASLEVK%.ATIQ (VEN.CODEIII010) UBOOKIND
I£IXIIPED MISOEMENOROR
YES NO LODE AND SECTION DESCFKPOOR
INFRACTION (CR CUQ
_l D
M I
❑ O _
SPEED APPROX. P AW SM Eli LMT. USER I RADAR CONT. PoRM N
'� ❑ ❑ F
uED W E
LOCATION OF VIOLATION(S) XNT r
AT I Al lob a- S I
WEATHER
SRF TRAFFIC LIDNT
CLOY CUR N RN OflY WET LIDM MED MEA, DAMN DAY IOGIHL
Lj,)(MOIATKNIS NOT COMMITTED IN MY PRESENCE. DEDLARED ON INFORI TION AND BELIEF.
I CI:RAM VMPEII PENV.iY
OF RNWMY U Oi1E 7OFTMI n4i OFCNRONM DCYCKK-0IW bTbrs Ni GPR41'.
IIIA�ARIRESTINOORCI NGOFFICER IAL NO. DATER OFF
NIDIDUT ADMITTI U%.T, I ISE APPEAR AT TME TIME AND PUCE INDICATED BEl OV/.
WHEN: ON ORBEFORE THIJ�_l, TImO:.B AN w
NHAT TO DO: FOLLOW THE CTION9 ON THE REVERSE
WHERE: THE SUP COURT OF CALIFORNIA'
COUNTY ORANGE. CENTRAL JUSTICE CENTER
TOD CIVIC CENTER DRIVE WEST, SANTA ANA, CA 9701 (714) IID4- 6
❑'Tb b0 bbblMAd ❑ Ya ^bT BR419P w%h d1e UBrM b APPNf 010 MDM AseAbn U MB avert 01
ALL JUVENILES MUST APPEAR WITH PARENT/GUARDIAM 00
JUDICIAL DOUBDR OF QkUFORNM FORM SEE REVERSE
REV. MW6 (VIOL CODE, H 4060o(b). A06130). A050Z. aQiW: Fan. a,aa. 4 w 0) TFI.130
PROOF OF SERVICE
091
m
0
On (date): 1'9-14-L'9 7 , I served this Notice of Correction on the parties
at the address listed below by mailing it, postage prepaid, in the United States postal mailbox at (address):
340 E. 1st, Tustin, CA 92780
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: 141-14-07
(SIGNATURE)
Original to Court
Defendants Address
7
I
TR 100 [Na January 1, 20M)
Naga.
TUSTIN POLICE DEPARTMENT
CITATION NARRATIVE
T376276
On Friday, March 06, 2009 at 1440 hours Sgt. Pickney, Detectives Olds, Chupp and I were
parked the parking lot of 13842 Newport and watching the tobacco shop for any cigarette sales
to minors. We saw two juvenile male Hispanics, later identified a5irb and4mft6 walking
through the parking lot towards the store. AllEftwas smoking a cigarette and threw it on the
ground before going into the store. awaited outside the store. Detective Olds went into
the store and witnessed the sale. The store owner, Patel, sold ll�a pack of Marlboro
Blend 27 cigarettes and then gave him a small cigar for free. Patel never asked for or checked
mks identification or asked him how old he was.
.olollb left the store, met back up wither and gave him the cigar. We stopped them a
short distance away. flil1meft and qilaft both told me that they were 16 years old and went to
Hill View High School. told me Patel did not ask him his age or for any identification.
He bought the cigarettes and gave the free cigar to moi. has already gotten two
308(b) P.C. citations from the Irvine Police Department.
alifto told me FAM111111rgave him the,cigar, but he was just holding it for him and does not
smoke. was issued citation T362650 ander was issued citation T376276.
I went into the tobacco shop and spoke to the owner, Patel, who was also the clerk that sold
the 111nothe cigarettes. Patel denied selling the cigarettes without checking identification. I
explained to Patel that he did not check for -identification nor could he have because tillOo
did not have any. I issued Patel citation T376277.
Detective M. Turner #1002
Special Investigations
DEPT COPY -W6nN POUCH DEPARTMENT T 376276
NOMETP APPEAR
_ :QTu d�
YR OFVE:+. wximomcaoa NMtCaM,i tS2lgb)f
tl�ZUm0U4FWEFL1t_ -
ent�Ncfwrwswcu�R.. �' rvd�,cca..sffi+i
O�Lem
STATEyEs Nb
. ZB'CIXK -'—
G9Q>'iMkVlacuTiallR.CrnE/./✓F'wn�4. a/�e'o�o�ux.�.o,.R,E(nuW:D rn:ofyEN+cf+ca
�iC P VAMX SY'D. VF1L uqT �(�� NAD..YS GLY1T �a?7AY � {
'
+r ,Q,��r�u�� `JNfAIEil
MTiG �rL
n +..may,,,_ t MUM t n H"VO : MW t V Ww :mHf
I:IVCM:ATCWf NR�T{CYAi.Wp:T/Po� RTR'PiR36NCR. 0:i,':HAPiP.9 CiYaSWtuATCWAIR16RiEF.: .'
Il��.wPrslcyP�[ld�.'a(FkYl ntlAWtbTM ATAY[��pgCFY [IMI6:YO CtMY,'. _
.. ARREflT�TxY¢OA CITlNQ �'IFFICE7 9FiiifleC NO...., fM�'9{llP' .
�Ta,c- uaAl4Af AilRWiT64t F1GTtT:R1P 1G.Fgf�N1'FiNIb CRWIf f.Pilf:FR
fYlT glYMI GUN.I.I PfWMY APP'OAFOA 114:`PS{�M1h9Pi/4�IHOICAYfl BELOW. �.
7'd�E AANriG�t'Af (TiR1+aY/88, ,�
QPaas AeeWk� ^1' [iW1M dd41a+N�it•rvpM[[adanq mrvua. -
Ak4 vmk,PAWM IGUARM
SEE REVERSE' ..
• e,� F f TC��M.
TUSTIN POLICE DEPARTMENT
CITATION NARRATIVE
T372650
On Friday, March 06, 2009 at 1440 hours Sgt. Pickney, Detectives Olds, Chupp and I were
parked the parking lot of 13842 Newport and watching the tobacco shop for any cigarette sales
to minors. We saw two juvenile male Hispanics, later identified as ftEft ander, walking
through the parking lot towards the store. SOM was smoking a cigarette and threw it on the
ground before going into the store..GM waited outside the store. Detective Olds went into
the store and witnessed the sale. The store owner, Patel, sold MMM a pack of Marlboro
Blend 27 cigarettes and then gave him a small cigar for free. Patel never asked for or checked
AgaMMs identification or asked him how old he was.
deft the store, met back up withAmoand gave him the cigar. We stopped them a
short distance away. �andliiiiilllillllli both told me that they were 16 years old and went to
Hill View High School. >♦ told me Patel did not ask him his age or for any identification.
He bought the cigarettes and gave the free cigar toS I has already gotten two
308(b) P.C. citations from the Irvine Police Department.
qAiIIIIIIIIIIIi told me gave him the, cigar, but he wals rust holding it for him and does not
smoke. was issued citation T362650 and fi was issued citation T376276.
I went into the tobacco shop and spoke to the owner, Patel, who was also the clerk that sold
the WANEWthe cigarettes. Patel denied selling the cigarettes without checking identification. I
explained to Patel that he did not check for identification nor could he have because Il MWM*
did not have any. I issued Patel citation T376277.
Detective M. Turner #1002
Special Investigations
:EPr. COPY TUSTIN POLICE DEPARTMENT T 3 6 2 6 5 0
NOTICE TO APPEAR „MISDEMEANOR
5-4-G4
eO COMMERCIAL VEHICLE
rv.R. COG., 41VE10@N
E COLOR
0 HAZARDOUS MATERIAL
(WII. CoeF,4D5R1
] SAME AS
COMECTABLE VMIlATION rvEH. CODE. f b1101 J BOOKING REOUHIED MISDEMEANOR CA
vES NO CODE AND SECTION DFSCRIPIgN INFRACRON (DIFICiEI
❑ �'Tbd ACL p�
M I
_
u J
M I
] O
M I
SPEED APPRO%.
P.FJMA%SPD.
_
VEH.LNT.
USER
RADAR
DOM. FORM
N
❑
I ❑
❑ISBum
VV E
LOCATION OF VIWTIONjSAT
ACCIDENT
�))//////I-' ,,,.,r
Y
WEATHER SURFACE TRAFFlC
WIN
AWN 11
CLDY Cl F RN DRV WEi LIOM MnmMFAVY. DDAY DUSK NIGHTM
VIIXATXNIS NOT COMRTEDIN MY PRESENCE, DECLARED WlINFORMATION AND BELIEP, -
iuscwN � n �� v �yurmEn.xe uweav meerAn ovcul nle vonoovn
iaTKleAxomFlRer.
STING OR CITINNO OFFICER SERIAL NO.
DATES OFF
I PROMISE TO APPEAR AT THE TIME AND RACE INDICATED BELOW.
�')/' /-- r / -��' -k
WHEN: ON OR BEFORE THIS DATE:. 7 / G G- / U 7_. TInW: B AM' C"
WHAT TO D0; FOLLOW THE INSTRVCTIONS ON THE REVERSE. t�
WHERE THE SUPERIOR COURT OF CALIFORNIA F )
COUNTY OF ORANGE, CENTRAL JUSTICE CENTER T
)f10 C CENTER DRIVE WEST, SAMA ANA, CA SZ701 (71411 ,31.,71 V F
❑ To be mtlEeG/ou msy onEnW wtlb SIA cork b appear M a nISM eeuiorl M Gro marl
ALL JUVENILES MUST APPEAR WITH PARENT/GUARDIAN
1.
JUDICA COUNCIL OF CALIFORNIA FORM SEE REVERSE
REV. 090M (VEH, CODE, H 4V.00(b), 4m13(b1, +GEFp. ADKU: Pan. Cme, 6 M3 9) TR -130
'EPT. cUPY TUSTIN POLICE DEPARTMENT T 3 5 9 tl 9 7
NOTICE TO APPEAR yasoEitEA on
J trenw
nATE �I ry104At LIN°1 tR ieu 9A Ma=p F 9 OA.9E�
'U iIIYT n i E" AQPYIVIX CODE 110Wit
k
cm 61AIE mcctlE7.A1vH1E61B.1'.
nnIVERLIF..HCI .yt,9TAlE CtABE, b OMD i
E flElelrl •WF1011r PAf1Enr
vIXItil ombR VNs'• .._ STATE
a
rvk cna.•l,a,aelk,
vnarvvs°� NNn..,I P00°(.. t ogmS`rk`.. .`q°".,' ❑14rYAAda6wmwa;,.
Evtoece a reutcuV. nEePonerm. .. Nr• CoOr. f 3NA'
aEarRl orttt�ot►. �.: _ - S"'rFM ..
COIp�DTASMv " DODl°tantR OtA]ONYtl REd11PFL MIEOEYENgII OIF'
VEE' rq caoa Nn uFaCWTOM _ vlFnAcrunloNC1A, •:
o F C N
.1 Tfff�l,.� -1 d.d N.•..i
o- o
N t
;'T
NaN '
ttor canrtrrr� on non --
ioeca�uaw.aw.nvreaw.v+awTM/k"°o»rvA+aaouawrna.amea LlAfArCM�IR.� ;
y•y_ -ni*L-ffA%9 N +not ,. • t.7, , ry . t -
A�EHnN601iCrtEK9OFFICEn .. SERK t1Q DAIENOR
R� 'r`' 4• /rbc ., f 7s_.. n.itr,}'"�•:dr�1;F,)»}y'.�' ' t..•, , T :.. ' �.. —*
�aAtit°n"en•dAi4wslMhtr�-`�'d-^,-`�`;YG��.'rAr.._� 1
w�rmoarawwntewerrA,cnaneorrrtenEVErtS�. '
wxlie nret,r�lan coueror rxuotwu• . (j'�
cawrrn on aeAnoll txnrnwt cusnci cEtnerr f t .t y!:%"�` �j' I
. 7e0 LIVID CElfrFM dlvE VIE6r. 9AnrA At41: W 02701 R1q W3E70..
Ire wnwWW:,. QYgl nAya�glt wASSI;arNm yp�r YeNyt�rlon Attrmun. �.
ALL JUVEW" MUW APPOR,W" PARtNTlOUARD" _—J, _
tuoto =AtiE0lcArY0WAF0W,- SEE REVERSE
Pa. XWONANW Doul 1 til TR -1300
OFFICER'S NOTES FOR --
TESTIFYING IN COURT i
Ftoasa note Niemand Cilcl sraticas ,n dr!di lon 10 thosa noted on the lace of :aat n.
paying part eular attention to olementS bt Ifw offence Ier ,vh(ch cited.
TAC, $,-ASO SNo', C- )�IL.WeWf t WAN • PkQOL
-re cI-rlt,�,l---GO�d?-_[�dol'� MIr1aR.f irk.
U �rlti(,'n'Zs. U.1L SAW_.��'y AlpilrlY�o
WAya. t,ro -rkk, S-MnL,
.��ILOtLT TL UCT'f;rt„'Thf.. TN(lC1 o-NclJ+.A
Fi i•crkQ_'TAL swAF - �L 7oaK YAC
P urn c wMPYv,14:, cif A S�sltGz swu�
urI TkE. GiLGVr�S'
LAns,. Tbalz A WAG
r MNP TNJq Q IY -(G
Q' A -K) ii mft LQ9X<0 UjJMI- 18
t _TxL� A cal�sc/t sV A.. QF ^rtn
`oui�p p` c U Milt.,. n.ro Acl�wtw- GiGiar�
Citation number T359097
Sgt. Pickney had received a citizen's complaint about minors buying cigarettes at the A-1
market and smoke shop located at Newport and Walnut.
On Tuesday, February 24, 2009 at 1435 hours Sgt. Pickney and I were watching the shop and
saw three teenage boys (a mM AmmVe and111eRMwalk into the shop. A few minutes later
they all exited the shop. qn i had a Swisher Sweet cigar in his hand. Gwt took the
wrapper off the cigar and threw the wrapper on the ground. QPPPwrlit the cigar and took a
drag off it. The three of them walk southbound down and alley behind the store and riwIM
handedojeop the cigar so he could also smoke it. We stopped them and had and asked them
how old they were. All three boys were 16 years old.
I asked iiisiMf I could search him and he told me that I could. I search 110�and found a
Swisher Sweet cigar and a plastic lighter in his front right pocket.
I took a photograph of the lighter and cigars and destroyed them
Citation number T359098
Sgt. Pickney had received a citizen's complaint about minors buying cigarettes at the A-1
market and smoke shop located at Newport and Walnut.
On Tuesday, February 24, 2009 at 1435 hours Sgt. Pickney and I were watching the shop and
saw three teenage boys (iMM,71imm"wandw* walk into the shop. A few minutes later
they all exited the shop. 11010phad a Swisher Sweet cigar in his hand. trllllllllllllllllllll�took the
wrapper off the cigar and threw the wrapper on the ground. flit the cigar and took a
drag off it. The three of them walk southbound down and alley behind the store ander
handed FlIMMMhe cigar so he could also smoke it. We stopped them and had and asked them
how old they were. All three boys were 16 years old.
I askedONOMrif I could search him and he told me that I could. I search ft P and found a
Swisher Sweet cigar and a plastic lighter in his front right pocket.
I took a photograph of the lighter and cigars and destroyed them
DEPT. COPY TUSTIN POLICE DEPARTMENT T 3 5 9 0 9 8
urmr.t Tn ACOFAa
CITY.-. BTATL acom- 1 .,-.,J/.(;
CdY7�TAl\[YIofAT%M11VBl O' lF�FF
-
OD0o11Fq Dw1N1� MROBF.NIOR OR:
ItFIUC110111OM1CiET:
TED w COfd,WmCrm
^� n!1('0� h11
u
�-
i f tK,'CTI
N 'I
V O
? C0:'.- .,
N I
0 0
N f
] D
SPE®APPH(Yt.
P.FMAIf 9NL
YEM LbI,
UefJl
RALM
COMl. Poa1
N
Q
❑
QI99 ED
w
�OGTIOH O vgUTpNiel - ..
AT .
Af.CbPHf
r -.t
1J
wFw �' OA OAY
c nv RN
] vKKAiforw xpT f„VAPMRFD IN w PlfDeNts, OFONn®aH IHF01YIrTgNAW-
i oeax�c�cerrY�+n arveuwruowMvrn,wl bAnucuPawo mewrou+etM ueap�s�,
--ATPD OFA-....
AHRearPrioRcrrveoFnoDR
DEOVl NO.' O
ERIS NOTES FOR
PEST IFYING IN COUR'i
" .I -e nofe blUs Ind C. rr.Ifmsl3nGts ht-dditiop to I - .: 1 'te e, 3 it •:,i, ri
zyyug purtiodlar�ellermn fo ,lemems of the off�enns(e fur r:P.r �:i"ac1. / /
'PIC.t'-NCS': pa,Fo ` �7`j4{"s wK-rcN kr -Tk.1...—.
M --t - 5W /rf blLk4fVtZf A.p tefn L avI T _-
�, Tb G.i'CI'l..Era GOMPL411J"/„}�-sii�0�_-moi r.IpF
\"T. • mom._\ `.. •.
_
.W .�
_...._.
wlwnecwoRnEeon�.»ueoA9et[4 /09 _,TyDaDAlt.
rTlDonrauowTFlaDgTRIicTARDORTHE F7cVEiD6.
W"WTHD WKRKM OCUrr OF CWPOMM
OCIMN CP OERrRPL JJWS%WA!"CA ..
UMORWOMM
]Iq CIVIC CERJf11 CI011lWFDT: DI11(fAAW4 CA D4901 t7J41 D9F8071F :'.
NyYNINFN GAFL
�-
�D�D' OYAumy brbgPYiFitlbtlwkbNllNDrbanll�Ir
.. _.
&MENN"MIWAPPEMIW[fNPARENT/GUARWAtk
? C0:'.- .,
IMICIA. fbllNM UPCALWORM FORW SEE REVERSE
mv,mF9MK WW. HQ"WF 4WAA w w MFR Pw Caa.leexW TR-Im
Citation number T359099
Sgt. Pickney had received a citizen's complaint about minors buying cigarettes at the A-1
market and smoke shop located at Newport and Walnut.
On Tuesday, February 24, 2009 at 1435 hours Sgt. Pickney and I were watching the shop and
saw three teenage boys (41� wand I ) walk into the shop. A few minutes later
they all exited the shop. d%m=M&ad a Swisher Sweet cigar in his hand. took the
wrapper off the cigar and threw the wrapper on the ground. Gomez lit the cigar and took a
drag off it. The three of them walk southbound down and alley behind the store and480i
handed SIOW the cigar so he could also smoke it. We stopped them and had and asked them
how old they were. All three boys were 16 years old.
I askedlIIIIIIIIIIIIIIIIIIII&if I could search him and he told me that I could. I search qMllllliiiiwand found a
Swisher Sweet cigar and a plastic lighter in his front right pocket.
I took a photograph of the lighter and cigars and destroyed them
-')EPT. COPY TUSTIN POLICE DEPARTMENT T 3 5 9) 9 9
VOTICE Tp APPEAR ❑ MI60EMEANOfl
,..AMY .AWnnMMn
I
S
STATE OCOMMERCIAL VEHICLE
(V41h. CodE,11EP1g0p
caaR
❑ HAIAHOWR MATERIAL
(V41R CodE. 4 364
CORRECTA LE. VIOLATION NEH. CODE, 141011101
OBOOIUN6 REWIRm MIBDEMEAN011 OIE
VES NO CODE AND BECTON OESCRG m INFRACTION (CIRCLE)
G p eG5 S F �` L LlanrNE—(1'L
M I
J
WHEN: ON OR BEFORE THIS LATE:
M
p D
WHAT TO W: FOLLOW THE INSRTUCTIONS THE REVERSE
t�
G
M 1
SPEED APPRO%.
P.FMAX.3P0.
VEN.LMT.
LASER
RADAR
CONF. FORM
(.L)
N
❑
❑
❑Issum
W
E
LOCATION OF VIOLATIONS)
AT
ACCIDENT
F
A ,, •i iiia
��YL"
❑
7 S
WTA ER SURFACE TMPRO
LIGHT
CLOY C F6 RN DRY WET LID
MED HEA DAWN DAY WS% NIGHT
J VM%AT L NOT COMMITTED IN AIV PRESENCE, OECLARm IXi INFORMATION ANO BELIEF.
pFgM[1pNO1 RXN.TT CF VEMIRY WCEP iXE V.WIMTXE OT.TIE CFCNIFpitlA MEPO11Yg11P
R l EANO GOI.M
A w—T'C11v' iti 41 c:, CI �._ _
—T�A"NRESTiNOOR CITINp pFFICER
EEflIAL NO.
GATES OFF
WITROUT ACSuTTNG G
Y.T. I PROMME TO APP AT THETiME AND PLACE INDICATED BELOW.
X 941 411
J
WHEN: ON OR BEFORE THIS LATE:
G Tiny: B AM
WHAT TO W: FOLLOW THE INSRTUCTIONS THE REVERSE
t�
WHERE: THE SUPERIOR COURT OF CALIFORNIA
COUNTY Of ORANGE, CENTRAL JUSTICE CENTER
700 CIVIC CENTER DRIVE WEST SANTA ANA, CA SBT01 (71411 R0 Ws
❑ro eA Nnbnw ❑wunry PrMnG•.,Nlm. aem E,.aw..TnPniBn w.IPnam.cwn.
r."J
ALL JUVENILES MUST APPEAR WITH PARENT/GUARDIAN
(.L)
JUDICIAL COUNCIL OF CAUfORMA FORM SEE REVERSE
REV. Ow2m MR. CODE N 405"). 41 131b1. 41bcEA, +oeort P41n. coa41. 6 BEO.B) TR -130
cPT (;(JPY MSTIN POLICE DEPARTMENT T 3 7 6 2 7 7 -
NOTICE TD APPEAR
mEItlM@ nciufronwAmefr- - SEE REVERSE- -
MW.IM
OFFICER'S NOTES FOR
TESTIFYING IN COURT
Please note facts and circumstances in addition to those noted on the face of citation,
paying particular attention to elements of the offense for which cited.
4.w thf PA'CIP4, to"! J/
sC'r m (Ic14 1 01—Q it cauA' WMF-�►
SAW a
II1ir T L(.L(.$O 6` MATO 'T C:
s-rirn.G ►.+o Oy\ 00C,eAuZ- GA.
Mla.s�,oR a . C 16.s�4'!Tv PA•,t� (,�,uR..
4cM10,)CO ' kG SAAR-.
%-T&_ —rcnw ML t,@. Ck°u.K-1
C-AA-YoAs-11 WD, D, 01114111 M.,k 'DID n1oT.
OA J% 5(AC1 lD C PI D
fa6T kA A,,'1 -t.D, LA f'r1 Iii
NAME OF COURT: Central Jwt a Center
STREET ADDRESS: 700 Chic Canter DOW West
MAILING ADDRESS: P.O. Bm 1138
CITY AND ZIP CODE: Sento Ana, CA 02]02-1138
BRANCH NAME:
TELEPHONE: 714 031-3575
PEOPLE OF THE STATE OF CALIFORNIA
vs.
1
DEFENDANT: "TC L 1 li— N ,)If,�
NOTICE OF CORRECTION AND PROOF OF SERVICE.
(Vehicle Code, q 90505)
AMENDING OFFICER NAMEAD No:
DEPARTMENT (AGENCY:
j �.I.1Fj` tov
TUSTIN PD
Cn ION NUMBER: -
GABE NUMBER:
(, L -T)
a • -S1 ?-T
1. A Notice to Appear/Notice to Correct Violation was issued to you
by an officer of this department on (dater
2. The citation issued to you contained an error as indicated by
the items checked below. This notice of correction does not
affect the validity of the citation or the required court `
appearance.
0 Date/time of violation should be
® Date/time of court appearance should be changed
From 'S - :-1. -01 to 7 r 2S o f
0 violation section(s) should be changed
From
to
= Location of violation should be changed
From _ to
[`n Other (speciiyl Mt spf _ME �r�,of� L?uX
SMa��-p a�_. Gx�ckEn
I declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.Date: j t I I-
of OBkert)
Form Aaww for MarMelory Um
Judicial Councd of California
TR -100 (New January 1, 2004)
(Proof of service on reverse)
Tustin Police Department
Supplemental Report
09-4875
Narrative:
On 08-07-09 the Special Investigations Unit performed an operation regarding the
illegal sale of tobacco to minors using TPD explorers as decoys.
We contacted several locations throughout the city and instructed the decoys to
enter the establishment and attempt to buy a pack of cigarettes. The decoys
carried with them a valid California Identification card, marked TPD buy money,
and answered truthfully about their age when asked.
Digital photographs of the decoys and ID's were taken prior to the beginning of
the operation and later downloaded into the TPD computer system as evidence.
See attached photographs for further.
Detective Olds entered the AN Market and Smoke Shop, located at 13845
Newport Ave, just prior to the decoy,.1111106vas able to purchase
a pack of "Marlboro Lights" from the cashier. See Detective Olds original report
for further details.
Approximately ten minutes later I entered AN Market and Smoke Shop just prior
to the decoy, acting as a customer but with the primary duty
as Gonzales's security.
_entered the smoke shop and walked directly to the cashier. The decoy
asked the cashier, later identified as Niranjan Patel, if she could get a pack of
"Marlboro Lights" cigarettes. A male customer, later identified as Librado Rosalas,
was standing in line behind Patel asked Rosalas if he could help out
because she was underage and buy her cigarettes for her. Rosalas
agreed and_handed Rosalas the money. Rosalas told�@lto wait
outside the door and he would bring her the cigarettes.
I was standing behind Rosalas as this conversation took place and_did as
she was asked. Rosalas purchased the cigarettes and walked outside. He handed
the cigarettes and her change. Gonzales walked back to my vehicle and
explained to Detective Olds what had happened.
I exited the store and followed Rosalas on foot as he walked east bound on
Walnut St. from Newport Ave. I contacted Rosalas and identified myself as a
police officer. I notified Detective Turner of the incident and he responded to
assist me at my location.
Rosalas explained that he only purchased the cigarettes folljlft because
Patel asked him to. I explained to Detective Turner that was in fact what
happened inside the store and Patel was responsible for soliciting Rosalas to
purchase the cigarettes for a customer that he knew was underage.
I explained to Rosalas that he too is in violation despite the fact that Patel asked
him to buy the cigarettes for the decoy. He was aware of the situation and agreed
to purchase the cigarettes knowing the customer was underage.
Detective Turner and I returned to the store and I identified Patel as the cashier.
Patel denied asking Rosalas to purchase the cigarettes for the decoy. I explained
to him that I heard the conversation and he continued to deny it. The TPD buy
money was recovered at the scene and the two packs of cigarettes were
returned.
I request this report to be forwarded to The Orange County District Attorney's
Office for review and request the following charges to be filed against both Patel
and Rosalas:
1) CPC 308(a)-Selling/Furnishing Tobacco to a Minor
a
Detective B. Chupp #1069
Tustin Police Department
Special Investigations Unit
t.
TUSTIN POLICE DEPARTMENT CRIME REPORT
PC 308(a) SELL TOBACCO TO MINOR
09-4875
NARRATIVE
On August 7, 2009 at about 1422 hours I was working a minor tobacco operation at 13845
Newport Ave., AN Market/Smoke Shop. I entered the store and watched as Police Explorer
Palmer entered the store a short time later. At the time I was standing facing the clerk and
cash register area. I was positioned so as to have a clear and unobstructed view of any sales
transaction and at a distance, five feet, close enough to hear any conversation.
Police Explore approached the counter and requested a package of Marlboro cigarettes
from the clerk, later identified as Niranjan Patel. sanded Patel a twenty dollar bill
which had been photocopied and marked by Detective Turner. Patel retrieved a package of
Marlboro cigarettes and at no time did he ask,) his age or if he had an ID. Patel
completed the transaction, handing the Marlboro cigarettes and the change from the
twenty dollar bill.
I watched as exited the store and walked to our vehicle where Detective Chupp was
waiting. A short time later Detectives Turner and Chupp returned to the store to issue Patel a
citation. Patel denied selling cigarettes to a minor even after the operation was explained to
him. Detective Turner recovered the marked twenty dollar bill from the cash register and
returned the cigarettes to Patel.
Patel was issued TPD Citation #T376285 which he signed. Patel was released upon his written
promise to appear.
I request a copy of this report be forwarded to the OCDA's office and the following charge be
filed against Niranjan Patel:
PC 308(a) SALES OF TOBACCO TO MINOR
DETECTIVE JAMES OLDS #1103
TUSTIN POLICE DEPARTMENT
SPECIAL INVESTIGATIONS
§
uj
G
■
/Z4
\k
2
22
-
/|§\{
\2
(�
,
3
(`.
/¥Q!
\§,
/QbCL
/� |§
All
\
§
E
/
b]\§
/| !
,
,
,
10
,�
. #]
ATTACHMENT H
Resolution No. 4130
RESOLUTION NO. 4130
A RESOLUTION OF THE PLANNING COMMISSION
DENYING CONDITIONAL USE PERMIT 09-015 TO
ESTABLISH A CONVENIENCE STORE LOCATED
AT 13842 NEWPORT AVENUE, UNIT C.
The Planning Commission of the City of Tustin does hereby resolve as follows:
A. That a proper application, Conditional Use Permit 09-015, was filed by Anjana
N. Patel, requesting to establish and operate a convenience store within an
existing tobacco store located at 13842 Newport Avenue. The subject property
is located within the Commercial General (CG) zoning district and General Plan
Land Use Designation of Community Commercial.
B. That a public hearing was duly called, noticed, and held for said application on
August 25, 2009, by the Planning Commission.
C. That pursuant to Section 15270(a) of the California Code of Regulations
(Guidelines for the California Environmental Quality Act) CEQA does not apply
to projects which a public agency rejects or disapproves.
D. That the Planning Commission reviewed and considered the staff report to
the Planning Commission dated August 25, 2009, including all attachments
and exhibits incorporated herein by reference, prior to taking action on the
proposed Conditional Use Permit application.
E. That In determining whether to approve the conditional use permit for the
proposed convenience store in conjunction with a tobacco/smoke shop, the
Planning Commission must determine whether or not the proposed use to be
operated by Mr. Patel will be detrimental to the health, safety, morals, comfort,
or general welfare of the persons residing or working in the neighborhood, be
injurious or detrimental to the property and improvements in the neighborhood
of the subject property, or to the general welfare of the City of Tustin. A
decision to deny this request may be supported by the following findings:
1. That the project site is located approximately 450 feet from Tustin High
School and approximately 600 feet from Lambert Elementary School.
The proximity of the project site to Tustin High School and Lambert
Elementary school would have the propensity to entice activities
involving minors. The addition of convenience goods to the tobacco
store/smoke shop would make the site more accessible to minors and
may increase the accessibility of tobacco related products to minors.
The use as a tobacco store/smoke shop is prohibited to persons under
eighteen (18). If a convenience store is approved, the facility would be
freely accessible to minors as would the tobacco products.
Resolution No. 4130
Page 2
2. That the business owner has been operating an unauthorized
convenience store at the subject location and has twice been issued a
notice of violation by City Code Enforcement Officers. The existing sign
advertising a market and smoke shop in which the market was not
authorized has been installed without proper sign permit. Accordingly,
compliance with Tustin City Codes does not appear to be of tantamount
importance to the business owner.
3. That the business owner has engaged in illegal sales of tobacco
products to minors. The applicant has a proven record of operating a
business illegally at the subject location and has repeatedly been
involved in illegal activities involving minors. While operating an
unauthorized convenience store, the business owner has continually
been involved in the sale of tobacco related products to minors.
4. That based upon the repeated violations and the number of incidents
involving sales of tobacco products to minors, one can conclude that the
subject tobacco store/smoke shop and in particular, the applicant, has a
reputation within the community of not checking identification and not
complying with the law regarding the sale of tobacco -related products.
5. That pursuant to the State Law, the tobacco store/smoke shop on the
premises is prohibited from having minors enter the shop unless
accompanied by a parent or legal guardian. The addition of a
convenience store to the existing tobacco store/smoke shop would allow
minors to enter the facility without the need of a parent or legal guardian
accompanying them; thus, would increase access to tobacco related
products and would results in additional police and code enforcement
actions.
6. The establishment of a convenience store in conjunction with a
tobacco/smoke shop at the proposed location and run by the applicant
with records of violating the law regarding the sale of tobacco -related
products to minors will be detrimental to the health, safety, morals,
comfort, and general welfare of the persons residing and working in the
neighborhood and the City as a whole.
H. The Planning Commission hereby denies Conditional Use Permit 09-015,
requesting to establish and operate a convenience store within an existing
tobacco store located at 13842 Newport Avenue, Unit C.
Resolution No. 4130
Page 3
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held
on the 25th day of August, 2009.
Charles E. Puckett
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning
Commission Secretary of the City of Tustin, California; that Resolution No. 4130 was duly
passed and adopted at a regular meeting of the Tustin Planning Commission, held on the
25th day of August, 2009.
ELIZABETH A. BINSACK
Planning Commission Secretary