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HomeMy WebLinkAboutPC RES 4313 RESOLUTION NO. 4313 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING THAT THE CITY COUNCIL SET A HEARING AT ITS FIRST AVAILABLE OR PRACTICAL MEETING TO REVOKE CONDITIONAL USE PERMIT (CUP) 2015-05 FOR ON-SITE SALE AND CONSUMPTION OF BEER AND WINE (LICENSE TYPE 41) AND DESIGN REVIEW (DR) 2015-005 FOR OUTDOOR SEATING IN CONJUNCTION WITH THE IVY LOUNGE RESTAURANT LOCATED AT 14001 NEWPORTAVENUE, UNITA. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That on April 28, 2015, the Tustin Planning Commission adopted Resolution No. 4281, approving CUP 2015-05 (on-site sale of beer and wine) and DR 2015-005 (outdoor seating) associated with the 1,386 square-foot restaurant and 545 square foot outdoor seating area for the Ivy Lounge restaurant located at 14001 Newport Avenue, Unit A. B. That Resolution No. 4281 included the following conditions determined necessary by the Planning Commission to ensure that the restaurant use does not operate in a manner that is detrimental to the community: 1.6 CUP 2015-05 and DR 2015-005 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 CUP 2015-05 and DR 2015-005, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the CUP. 1.8 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. 2.7 This approval authorizes a Type 41 ABC License (on-site beer and wine sales) in conjunction with a bona fide public eating place. The proposed on-site consumption of beer and wine must be consistent with the Department of Alcoholic Beverage Control requirements. Any changes and/or upgrades to the ABC License shall be reviewed and approved by the Community Development Director. 1162627.1 Resolution No. 4393 Page 2 The sale and consumption of alcoholic beverages in the outdoor restaurant seating area shall be restricted by and subject to any required State Alcoholic Beverage Control or other applicable license or permit governing the restaurant. Any outdoor restaurant seating area where alcoholic beverages are sold or consumed shall be enclosed by a border and shall be supervised at all times by an employee of the restaurant. No alcoholic beverages may be removed from the outdoor restaurant seating area, except to the interior of the restaurant. 2.9 All restaurant use shall comply with the City's Noise Ordinance. 2.10 No live entertainment or amplified noise is permitted without a valid Live Entertainment Permit. 2.13 The restaurant establishment shall have a maximum of thirty-six (36) seats indoors and thirty-two (32) seats outdoors. Any increase in the number of seats is subject to written approval from the Community Development Director. All outdoor furniture and fixtures must be of durable and sturdy construction and suitable for outdoor use. Furniture shall be in good condition without any visible dents, tears, rust, corrosion, or chipped or peeling paint and that it be in a clean condition at all times. C. During the public hearing on the matter, neither the business owner nor the property owner expressed any reservations or opposition to any of the proposed conditions for CUP 2015-05 or DR 2015-005. Also, no appeal was filed in opposition to any condition of approval. D. That on May 6, 2016, the restaurant's owner (Vahid Adamkhoshbakht) and property owner executed the City's Agreement to Conditions form. E. That in response to citizen complaints, the Tustin PD began documenting the restaurant's violations of the approved Conditions of Approval within seventeen (17) days of the Planning Commission's approval of CUP 2015- 05 and DR 2015-005. F. That City staff, Tustin PD, and the City Attorney spent countless hours investigating this case, writing letters, issuing citations, and meeting with the restaurant owner to obtain his cooperation and compliance with the conditions of Resolution no. 4281. Although staff and the City Attorney were able to resolve the amplified music, hot coals and signage violations, the business owner continues to willfully ignore Resolution No. 4281 Condition Nos. 2.4, 2.7, and 2.13. A summary of the findings of the violations noted therein are as follows: Resolution No. 4313 Page 3 • May 16, 2015 to August 2, 2015 - Tustin PD responded to six (6) calls for service related to loud noise from the outdoor patio after approved business hours (three (3) of the six (6) complaints involved noise after 2:00 AM). • That on or about August 7, 2016, the matter was brought to City Code Enforcement staff who determined that the Ivy Lounge restaurant was frequently operating later than authorized by the City; sometimes as late as 2:00 AM in violation of Condition No. 2.4 and 2.7. Also, four (4) additional seats and a table had been added to the restaurant, exceeding the maximum allowed by Condition No. 2.13. • August 11, 2015 — Code Enforcement issued first Notice of Violation. • October 3, 2015 — Tustin PD notified Code Enforcement staff that Tustin PD had responded- to a noise-related call for service on September 5, 2015 when the business was operating to at least 1:35 AM. • October 6, 2015 — Code Enforcement issued a second Notice of Violation and issued a $200.00 administrative citation. • November 12, 2015 to November 22, 2015 — Tustin PD performed three (3) patrol checks to determine whether the business was complying with the City's second Notice of Violation. The business was noted to be operating each time later than the business hours permitted by Condition 2.4 and 2.7 of Resolution No. 4281. • November 28, 2015 — Tustin PD documented that the restaurant operated past 2:20 AM. • January 7, 2016 — The City Attorney sent a letter to the business owner requiring immediate compliance with all conditions of approval related to Resolution No. 4281 or the City would schedule a public hearing and request the Planning Commission revoke the CUP and DR. • January 18, 2016 — The business owner contacted the City Attorney. The business owner indicated his desire to obtain permission to expand the restaurant business into the adjoining business lease space. Also, the business owner indicated his desire to request that the Planning Commission modify his conditions of approval so that he could stay open later. The City Attorney explained how to request Planning Commission consideration of such a request, but that the business had to comply with the existing conditions associated with Resolution No. 4313 Page 4 Resolution No. 4281 until such time that they were formally modified by the Planning Commission. No application to modify the conditions of approval was filed. • February 4, 2016 to April 24, 2016 - Tustin PD visited the site ten (10) more times after the approved hours and found that the restaurant was operating (seven (7) of the ten (10) violations were noted after midnight). • May 9, 2016 — City staff sent a notice to the business owner that staff had scheduled the revocation of CUP 2015-05 and DR 2015-005 for consideration by the Planning Commission. G. That Tustin City Code (TCC) Section 9293c states: "Any Conditional Use Permit or variance granted in accordance with the terms of this chapter may be revoked by the City Council in the manner hereinafter set forth if any of the conditions or terms of such permits are violated or if the following findings are made: (1) In connection with Conditional 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." H. That TCC Section 9293d states: "Before the City Council considers revocation of any permit, the Planning Commission shall hold a hearing thereon after giving written notice thereof to the permittee at least ten (10) days in advance of such hearing. Within five (5) days thereafter, the Commission shall transmit a report of its findings and its recommendations on the revocation to the City Council." revocation of DR 2015-005 (outdoor seating): I. That TCC Section 9277e(13) states: "Violation of any of the requirements set forth in this Section, or any other conditions placed on approval of an outdoor seating area by the City of Tustin, shall constitute a violation of the Tustin City Code, subject to enforcement in any manner authorized by the Code. In addition, the Director of Community Development is hereby authorized to suspend or revoke any prior approval of an outdoor restaurant seating area upon continuous or repetitive violation of such requirements or conditions." Resolution No. 4313 Page 5 J. That on June 4, 2016, 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 2015-05 for on-site beer and wine sales (ABC License Type 41) and DR 2015-005 for outdoor seating associated with the Ivy Lounge restaurant located at 14001 Newport Avenue, Unit A. At least ten (10) 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. K. That the Planning Commission continued the public hearing to July 12, 2016, with the following stipulations: 1. The public hearing was opened as scheduled at the June 14, 2016, Planning Commission meeting. The business owner personally appeared at the hearing and agreed, on the record, to strictly comply with all of the conditions of approval in Resolution 4281. 2. The City will conduct regular but random inspections to confirm strict compliance with all of the Conditions of Approval. If there are any further violations of any of the conditions, the revocation process will move forward at the next regularly scheduled Planning Commission meeting. 3. Each prospective purchaser of the business must be notified, at a minimum, of. the Conditions of Approval; the enforcement actions taken by the City; and the continued revocation hearing. 4. Before the close of escrow, on any sale of the business, the new buyer must do the following: submit a duly notarized acknowledgment and acceptance of the conditions of approval on the City's standard form; and appear before the Planning Commission at a continued hearing on the proposed revocation and affirm their understanding and acceptance of the Conditions of Approval in Resolution 4281. 5. The current owner must reimburse the City for all administrative costs incurred by the City to date in connection with the City's efforts to enforce the conditions of approval and/or to revoke the approvals. The owner must also pay any outstanding administrative citations, and agree to reimburse the City for any future enforcement costs incurred while he owns the business. The owner agreed to pay these costs in Conditions 1.5 and 1.8 of Resolution 4281. L. That the stipulations agreed upon at the June 14th Planning Commission meeting have not been satisfied as follows: Resolution No.4313 Page 6 • No new purchaser has been presented to the City nor has an acknowledgement of the enforcement actions or the acceptance of the conditions of approval been provided. To the contrary, at a counter inquiry, a potential buyer said he was told by the business owner that the business can open until 2 a.m. • The owner has not reimbursed the City for any administrative costs related to enforcement actions incurred to date nor did he pay after the City provided him with the invoice and a date by which to pay. M. That the Planning Commission held a public hearing on July 12, 2016, for the revocation of CUP 2015-05 for on-site beer and wine sales (ABC License Type 41) and DR 2015-005 for outdoor seating associated with the Ivy Lounge restaurant located at 14001 Newport Avenue, Unit A. N.. 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 fled. O. That the Planning Commission held public hearings and considered the evidence as described in the staff reports dated June 14, 2016 and July 12, 2016 (Exhibit A) and recommended revocation of CUP 2015-05 and DR 2015-005 at a duly noticed, regular meeting on June 14, 2016 and continued regular meeting of July 12, 2016. Based on that evidence and discussion at the meeting, the Planning Commission has determined the following findings pursuant to TCC Section 9293.c: 1. Restaurants serving alcohol with outdoor seating that operate late at night have the potential to negatively impact the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such use. Such activities could also be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the City. 2. To prevent these potential impacts, the Tustin Zoning Code identifies such uses as discretionary (not an outright permitted use), that requires the Planning Commission to review and approve the proposed business operation (CUP 2015-05 and DR 2015-005) at a public hearing. When determined appropriate and necessary, the Planning Commission may apply reasonable conditions to their approval to ensure that the use does not operate in a manner that is detrimental to the community. 3. Alcohol sales and outdoor seating proposed for the Ivy Lounge restaurant was reviewed by the Planning Commission when it considered and approved CUP 2015-05 and DR 2015-005 on April Resolution No. 4313 Page 7 28, 2015. At that time, the Planning Commission approved both discretionary actions (Resolution No. 4281) with reasonable conditions of approval intended to prevent the business from operating in a detrimental manner. 4. The business owner and the property owner were present during the public hearing on the matter and executed the City's Agreement to Conditions form that was later recorded on the property's title. Yet, the Tustin PD began documenting violations of the approved Conditions of Approval within seventeen (17) days of the Planning Commission's approval of CUP 2015-05 and DR 2015-005. 5. Since approval of CUP 2015-05 and DR 2015-005, several citizen noise complaints have been received by Tustin PD related to late- night operation of the Ivy Lounge. The noise was investigated and determined to be coming from the open patio area and from loud music from the interior of the business late at night. The repetitive noise late at night interferes with the peaceful use and enjoyment of nearby properties. Repetitive police activity can also cause citizen concerns about the perceived safety of the neighborhood or Old Town in general. The seating limitation required by the Planning Commission was intended to prevent parking congestion on the site or in the neighborhood. Additional seating also contributes to the cumulative late night noise coming from the outdoor patio. Obviously, any activity that results in staff or police monitoring, policing, enforcement, etc., takes those staff members and police officers away from other activities and assignments. 6. The business owner has indicated to staff that his restaurant is popular and that his clientele seeks restaurants that serve later than the limitations established by Resolution No. 4281. The restaurant's illegal extension of its business hours and increased seating/parking demand may only be modified when authorized by the City through a noticed public hearing of the Planning Commission. 7. Subsequently, City staff, Tustin PD, and the City Attorney spent countless hours -investigating this case, writing letters, issuing citations, and meeting with the restaurant owner but have been unsuccessful in obtaining compliance with all conditions of Resolution No. 4281. Recently, the City Attorney instructed the business owner on the procedure to formally request Planning Commission to remove or modify conditions of approval, but reminded him that he must comply with the existing conditions of Resolution No. 4281 until such time that a formal application to revise them is considered and approved. Yet, the Tustin PD documented ten (10) additional violations of the approved conditions of approval that began only Resolution No.4343 Page 8 seventeen (17) days after the City Attorney's conversation with the business owner. And no application to modify the Conditions of Approval was filed. 8. The business owner's continuous disregard of Resolution No. 4281's Conditions of Approval subjects the public to continuing detrimental impacts that meets the requirements of TCC Section 9293; that the operation of the restaurant is 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. 9. Pursuant to TCC Section 9293, the City Council is responsible for acting on recommendations for revocation of a CUP. However, the Planning Commission is required to conduct a hearing and transmit a report of its findings to the City Council for their consideration. 10. That the continuance of CUP 2015-05 for on-site beer and wine sales (ABC License Type 41) and DR 2015-005 for outdoor seating associated with the Ivy Lounge restaurant located at 14001 Newport Avenue, Unit A, would be detrimental to the health, safety, morals, comfort and genera[ 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; and, P. 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). [I. The Planning Commission hereby directs staff to transmit a report of the Planning Commission's findings and recommends that the City Council set a hearing at its first available or practical meeting to revoke CUP 2015-05 for on-site beer and wine sales (ABC License Type 41) and DR 2015-005 for outdoor seating associated with the Ivy Lounge restaurant located at 14001 Newport Avenue, Unit A. Said report shall include the Planning Commission's Agenda Reports, adopted Resolution No. 4313, and the Planning Commission's Minutes from the meeting of June14, 2016 and July 12, 2016. Resolution No. 4313 Page 9 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 12th day of July, 2016. AUSTIN LUMBARD 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. 4313 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12th day of July, 2016. PLANNING COMMISSIONER AYES: Kozak, Lumbard, Mason, Smith, Thompson (5) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary Exhibit A- June 14, 2016 and July 12, 2016 Staff Reports and attachments. 7. AGENDA REPORT �S'r1 MEETING DATE: JUNE 14, 2016 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT f SUBJECT: REVOCATION OF CUP 2015-05 (ON-SITE BEER AND WINE SALES), DR 2015-005 (OUTDOOR SEATING), IVY LOUNGE RESTAURANT RESTAURANT OWNER: VAHID ADAMKHOSHBAKHT IVY LOUNGE AND GRILL 14001 NEWPORT AVENUE, UNIT A TUSTIN, CA 92780 RECOMMENDATION PROPERTY OWNER:- LOUIE WNER: LOUIE PROPERTIES 5936 TEMPLE CITY BLVD TEMPLE CITY, CA 91780 That the Planning Commission adopt Resolution No. 4313 to: 1. Find that the continuance of Conditional Use Permit (CUP) 2015-05 for on-site beer and wine sales (ABC License Type 41) and Design Review (DR) 2015-005 allowing outdoor seating associated with the Ivy Lounge restaurant located at 14001 Newport Avenue, Unit A, 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, and, 2. Direct staff to transmit a report of the Planning Commission's findings and recommendation that the City Council revoke CUP 2015-05 and DR 2015-005. REVOCATION AUTHORITY 1. For the revocation of CUP 2015-05 and DR 2015-005. Pursuant to Condition 1.6 of Resolution No. 4281 (Planning Commission approva): "1.8 ...if the use is not operated in accordance with Conditional Use Permit 2015-05 and Design Review 2015-005, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional condNons to eliminate the PC Report ,lune 14, 2016 Revocation of CUP 2015-05 & DR 2015-005 Page 2 nuisance or negative impacts, or may Initiate proceedings to revoke the Conditional Use Permit" 2. For the revocation of CUP 2015-05 (on-site beer and wine sales): Pursuant to Tustin City Code (TCC) Section 9293c: "Any Conditional Use Permit or variance granted in accordance with the terms of this chapter may be revoked by the City Council in the manner hereinafter set forth if any of the conditions or terms of such permits are violated orif the following findings are made.- (1) ade.(1) In connection with Conditional Use Permits: The continuance of the use would be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or worldng 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." And TCC Section 9293d (Hearing for Revocation of Permits): `Before the City Council considers revocation of any permi4 the Planning Commission shall hold a hearing thereon aftergiving written notice thereof to the permittee at least ten (10) days in advance of such hearing. Within five (5) days thereafter, the Commission shall transmit a report of its findings and its recommendations on the revocation to the City Council." 3. For the revocation of DR 2015-005 (outdoor seating): Pursuant to TCC Section 9277e(13): "Violation of any of the requirements set forth in this Section, or any other conditions placed on approval of an outdoor seating area by the City of Tustin, shall constitute a violation of the Tustin City Code, subject to enforcement in any manner authorized by the Code. In addition, the Director of Community Development is hereby authorized to suspend or revoke any prior approval of an outdoor restaurant seating area upon continuous or repetitive violation of such requirements or conditions." BACKGROUND On April 28, 2015, the Tustin Planning Commission adopted Resolution No. 4281 (Attachment A), approving CUP 2015-05 (on-site sale of beer and wine) and DR 2015-005 (outdoor seating) associated with the 1,386 square foot restaurant and 545 square foot outdoor seating area for the Ivy Lounge restaurant located at 14001 Newport Avenue, Unit A. On May 6, 2016, the restaurant owner (Vahid Adamkhoshbakht) and property owner (Ching Louie for Louie Properties) executed PC Report June 14, 2016 Revocation of CUP 2015-05 & DR 2015-005 Page 3 the Cl y's Agreement to Conditions form (Attachment B). Condition 1.6 of Resolution 4281 states `:..if the use is not operated in accordance with Conditional Use Permit 2015-05 and Design Review 2015-005, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or 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.° This report will show that since May 16, 2015, City staff and the Tustin Police Department have documented that the owner of the Ivy Lounge restaurant has continually disregarded Planning Commission Resolution No. 4281's conditions of approval, subjecting the public to Impacts that are 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. The project site is located within an existing 7,400 square -foot commercial center, known as Makena Square, bounded by Newport Avenue to the south, EI Camino Real to the east a motel to the northwest, and Is surrounded by commercial uses. VA� 1 C rt`r*r a P ► ocation Map PC fis PSC VA� 1 C rt`r*r a P ► ocation Map PC Report June 14, 2016 Revocation of CUP 2015-05 & DR 2015-005 Page 4 Project summary o Gross Interior Area: 1,386 sq. & o Interior Restaurant Seating: 543 sq. ft o Outdoor Restaurant Seating 545 sq. & • Outdoor Seating as Proposed- * 18 Tables 0 36 Chairs 0 9 Umbrellas 0 3 Outdoor Heaters o Additional Alterations: 0 3' Masonry Wail (Bxpansion) 0 3' Glass Break on Wall INPRN Y .tNVIREZURSUR! • 4KENst ■ENUMsian a � irisesrstlsr�ea�■ II MOM M 20 t=xlerior i-loor Tian 2'-11" gap between wall segments 3' landscaping 3jacent to public sidewalk T -W' Masonry wall, Design for additional 3'0" glass windbreak has been approved but not permitted or installed Dedicated public walkway access for entire commercial center connecting public sidewalk to storefronts PC Report June 14, 2016 Revocation of CUP 2015-05 & DR 2015-005 Page 5 CODE ENFORCEMENT ACTIONS Beginning in May 2015 and continuing through August 2015, Tustin Police Officers responded to numerous citizen complaints of late-night noise emanating from the Ivy Lounge restaurant. On August 7, 2015, Tustin PD requested City Code Enforcement staff to assist them in addressing the issues. Code Enforcement staff reviewed Resolution No. 4281 and detemUned that the Ivy Lounge restaurant was operating in violation of Resolution No. 4281 approving CUP 2015-05 and DR 2015-05. To summarize, Code Enforcement found that the Ivy Lounge restaurant had: 1. Frequently operated later than authorized by the City; sometimes after 2:00 Aid in violation of Condition No. 2.4 and in violation of Condition No. 2.7 (Califomia Department of Alcoholic Beverage Control (ABC) rules and license). 2. Added four (4) additional seats and a table to the restaurant, exceeding the maximum allowed by Condition No. 2.13 and triggering the need for additional parking to be provided to support the additional seating. 3. Generated loud noise and amplified music coming from the restaurant and outdoor patio in violation of Condition No. 2.9. 4. Allowed customers to smoke hookah indoors in violation of State law. 5. Placed hot coals near a Southern California Edison utility box. 6. Placed illegal window signage at the site. It should be noted that the amplified music, hot coals and signage violations have been satisfactorily resolved through Code Enforcement efforts. However, City staff have been unable to obtain the business owner's compliance with Conditions 2.4 and 2.7 (compliance with business hours limitations), and Condition No. 2.13 (restaurant seating limitation of 36 seats indoors and 32 seats outdoors). A copy of the public notice and staff report for this matter have been forwarded to ABC for their information and action. The property owner has also been notified of the proposed action. City staff, Tustin Police officers, and the City Attorney spent countless hours investigating this case, writing letters, issuing citations, and meeting with the restaurant owner to obtain his cooperation and compliance with all conditions of Resolution filo. 4281. A copy of the entire Code Enforcement investigation report is provided as Attachment C. The following summarizes these efforts: May 16, 2015 to August 2, 2015 - Tustin PD responded to six (6) calls for service related to loud noise and amplified music from the outdoor patio after approved business hours (three (3) of the six (6) complaints involved noise after 2:00 AM). See ExhibitA of Attachment C. August 11, 2015 —Code Enforcement issued first Notice of Violation. PC Report June 14, 2016 Revocation of CUP 2015-05 & DR 2015-005 Page 6 o October 3, 2015 — Tustin PD notified Code Enforcement staff that Tustin PD had responded to a noise -related call for service on September 5, 2015 when the business was operating to at least 1:35 AM. See Exhibit B of Attachment C. October 6, 2015 — Code Enforcement issued a second Notice of Violation and issued a $200.00 administrative citation. See Exhibit E of Attachment C. • November 12, 2015 to November 22, 2015 — Tustin PD performed three (3) patrol checks to determine whether the business was complying with the City's second Notice of Violation. The business was noted to be operating each time later than the business hours permitted by Condition 2.4 and 2.7 of Resolution No. 4281. See Exhibit H of Attachment C. November 28, 2015 — Tustin PD documented that the restaurant operated past 2:20 AM. See Exhibit H of Attachment C. January 7, 2016 — The Tustin City Attorney sent a letter to the business owner requiring Immediate compliance with all conditions of approval related to Resolution No. 4281 or the City would schedule a public hearing before the Planning Commission seeking revocation of CUP 2015-05 and DR 2015-005. See Exhibit of Attachment C. January 18, 2016 — The business owner contacted the City Attorney. The business owner indicated his desire to obtain permission to expand the restaurant business into the adjoining business lease space. Also, the business owner indicated his desire to request that the Planning Commission modify his conditions of approval so that he could stay open later. The City Attorney verbally explained how to request Planning Commission consideration of such a request, but that the business had to comply with the existing conditions associated with Resolution No. 4281 until such time that they were formally modified by the Planning Commission. February 4, 2016 to April 29, 2016 - Tustin PD visited the site ten (10) more times and found that the restaurant was operating after the hours limitations established by Condition no. 2.4 and 2.7 (seven (7) of the ten (10) visits were noted after midnight). See Exhibits M and N of Attachment C. May 9, 2016 — City staff sent a notice to the business owner that staff had scheduled the revocation of CUP 2015-05 and DR 2015-005 for consideration by the Tustin Planning Commission. See Exhibit O of Attachment C. PC Report June 14, 2016 Revocation of CUP 2015-05 & DR 2015-005 Page 7 Although staff and the City Attorney had attempted to obtain the voluntary cooperation and compliance by the restaurant owner, the business owner continues to willfully ignore Resolution No. 4281 conditions 2.4 and 2.7, and 2.13. In addition, the establishment appears to violate the State's ABC and smoking regulations as well. CONDITIONS OF APPROVAL THAT HAVE BEEN VIOLATED Resolution No. 4281 included the following conditions that are pertinent to this report: 2.4 Business hours are limited to the following: Restaurant may operate until 11:00 PM on weekdays and until 12:00 AM on weekends. Outdoorseating operations shall terminate no later than 11.00 PM daily. Hours of sales of alcoholic beverages shall be limited to the hours when food is available. Operation of an outdoor restaurant seating area shall be permitted only at such times as the main restaurant use is open. 2.7 This approval authorizes a Type 41 ABC License (on site beer and wine sales) In conjunction with a bona fide public eating place. The proposed on- site consumption of beer and wine must be consistent with the Department of Alcoholic Beverage Control requirements Any changes and/or upgrades to the ABC License shall be reviewed and approved by the Community Development Director. The sale and consumption of alcoholic beverages In the outdoor restaurant seating area shall be restricted by and subject to any required State Alcoholic Beverage Control or other applicable license or pennft goveming the restaurant. Any outdoor restaurant seating area where alcoholic beverages are sold or consumed shall be enclosed by a border and shall be supervised at all times by an employee of the restaurant. No alcoholic beverages may be removed from the outdoor restaurant seating area, except to the interior of the restaurant. 2.9 All restaurant use shall comply with the City's Noise Ordinance. 2.10 No live entertainment or amplified noise is permitted without a valid Live Entertainment Permit. 2.13 The restaurant establishment shall have a maximum of thirty-six (36) seats indoors and thirty-two (32) seats outdoors. Any increase in the number of seats is subject to written approval from the Community Development Director. All outdoor furniture and fixtures must be of durable and sturdy construction and suitable for outdoor use. Fumiture shall be in good condition PC Report June 14, 2016 Revocation of CUP 2015-05 & DR 2015-005 Page 8 without any visible dents, tears, rust corrosion, or chipped or peeling paint and that it be in a clean condition at all times FINDINGS Restaurants serving alcohol with outdoor seating that operate late at night have the potential to negatively Impact the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such use. Such activities could also be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the City. To prevent these potential Impacts, the Tustin Zoning Code identifies such uses as discretionary (not an outright permitted use), that requires the Tustin Planning Commission to review and approve the proposed business operation (CUP 2015-05 and DR 2015-005) at a public hearing. When determined appropriate and necessary, the Tustin Planning Commission may apply reasonable conditions to their approval to ensure that the use does not operate in a manner that is detrimental to the community. Alcohol sales and an outdoor seating area proposed for the Ivy Lounge restaurant were reviewed by the Tustin Planning Commission when it considered and approved CUP 2015-05 and DR 2015-005 on April 28, 2015. At that time, the Tustin Planning Commission approved both discretionary actions with reasonable conditions of approval Intended to prevent the business from operating in a detrimental manner. The business owner and the property owner were present during the public hearing on the matter and executed the City's Agreement to Conditions form that was later recorded on the property's title. Yet, the Tustin Police Department began documenting violations of the approved conditions of approval within 17 days of the Planning Commission's approval of CUP 2015-05 and DR 2015-005. Since approval of CUP 2015-05 and DR 2015-005, several citizen noise complaints have been received by the Police Department related to late-night operation of the Ivy Lounge. The noise was investigated and determined to be coming from the open patio area and from loud music from the interior of the business late at night. The repetitive noise late at night interferes with the peaceful use and enjoyment of nearby properties. Repetitive police activity can also cause citizen concems about the perceived safety of the neighborhood or Old Town in general. The seating limitation required by the Planning Commission was intended to prevent parking congestion on the site or in the neighborhood. Additional seating also contributes to the cumulative late night noise coming from the outdoor patio. Any activity that results in staff or police monitoring, policing, enforcement, etc., takes those staff members and police officers away from other activities and assignments. The business owner has indicated to staff that his restaurant is popular and that .his clientele seeks restaurants that serve later than the limitations established by Resolution No. 4281. The restaurant's illegal extension of its business hours and PC Report June 14, 2016 Revocation of CUP 2015-05 & DR 2015-005 Page 9 increased seating/parking demand may only modified when authorized by the City through a noticed public hearing of the Planning Commission. City staff, Tustin Police officers, and the City Attorney spent countless hours investigating this case, writing letters, issuing citations, and meeting with the restaurant owner but have been unsuccessful in obtaining compliance with all conditions of Resolution No. 4281. Recently, the City Attorney instructed the business owner on the procedure to formally request Planning Commission to remove or modify conditions of approval, but reminded him that he must comply with the existing conditions of Resolution No. 4281 until such time that a formal application to revise them is considered and approved. Yet, the Tustin Police Department documented 90 additional violations of the approved conditions of approval that began only 97 days after the City Attomey's conversation with the business owner. The business owner's continuous disregard of Resolution No. 4281's conditions of approval potentially subjects the public to continuing detrimental impacts that meets the requirements of TCC Section 9293; that the operation of the restaurant is 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. Pursuant to TCC Section 9293, the Tustin City Council is responsible for acting on recommendations for revocation of a CUP. However, the Planning Commission is required to conduct a hearing and transmit a report of its findings to the City Council for their consideration. Resolution No. 4313 (Attachment D) has been prepared for the Planning Commission's consideration. Dana L. Ogdon, AICPA, Assistant Director - Building JO$tina Willkom Assistant Director - Planning Attachments: Elizabeth A. Binsack Director of Community Development A: Planning Commission Resolution No. 4281 B: Executed Agreement to Conditions of Approval C: Code Enforcement Case Report D: Planning Commission Resolution No. 43"3 Attachment A RESOLUTION NO. 4281 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 2015-05 AND DESIGN REVIEW 2015-005 AUTHORIZING ON-SITE ALCOHOLIC BEVERAGE SALES FOR BEER AND WINE (ABC LICENSE TYPE "4111) IN CONJUNCTION WITH RESTAURANT WITHIN A 1,386 SQUARE FOOT TENANT SPACE AND THE ESTABLISHMENT OF A 545 SQUARE FOOT OUTDOOR SEATING AREA LOCATED AT 14009 NEWPORT AVENUE, UNIT A. The Planning Commission does hereby resolve .as follows: 1. The Planning Commission finds and determines as follows: A. A proper application was filed by Vahid Adamkhoshbakht of Ivy Lounge and Grill Restaurant, requesting authorization for on-site alcoholic beverage sales for beer and wine (ABC License Type "41 ") in conjunction with a bona fide restaurant located In a 1,386 square foot tenant space and the establishment of a 645 square foot outdoor seating area located at 14001 Newport Avenue, Unit A. B. The project site Is located within the Central Commercial (C2) and Combining Parking District (P) zoning districts and has a General Plan land use designation of Old Town Commercial which provides for a variety of retail and service commercial uses including restaurant uses. Pursuant to Tustin City Code (TCC) Sections 9233b(1) and 9232b(2), alcoholic beverage sales establishments are conditionally permitted in the Central Commercial District, Section 9299b of the TCC authorizes the Zoning Administrator to forward any matter listed to the Planning Commission for consideration and action. Pursuant to Section 9277 of the TCC, approval of a DR is required for outdoor restaurant seating areas. In addition, the project has been reviewed for consistency with the Air Quality Sub -element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub -element. C. The proposed restaurant use is located in a commercial building and commercial corridor where a variety of retail and restaurant uses are located. The characteristics of the proposed use and hours of operation would be similar to .other restaurants In the vicinity. D. This project has been deferred from the .Zoning Administrator to the Planning Commission due to prior Code Enforcement violations, construction without a permit, and business hours pass midnight. E. That due to prior Code Enforcement violations and construction without permits, a pre -citation notice is included herein. Resolution No. 4289 Page 2 F. That a public hearing was duly called, noticed, and held for Conditional Use I Permit 2015-05 and DR 20'15-005 on April 28, 2015, by the Planning Commission. G. That the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare; the location, size, architectural features and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, the occupancy thereof, or the community as a whole of the City of Tustin in that: 1. The proposed sale of on-site alcoholic beverages in conjunction with an existing restaurant use is allowed within the Central Commercial (C2) zoning district with the approval of a Conditional Use Permit (Tustin City Code Section 9233(b)1 and 9232(b)2). 2. Pursuant to Tustin City Code Section 9271(dd), bona fide restaurants with on-site alcoholic beverage sales are exempt from distance separation requirements to residential uses, sensitive uses, and other — alcoholic beverage sales establishments. I- 3. As conditioned, the proposed on-site consumption of beer and wine is consistent with the Alcoholic Beverage Sales Establishment Guidelines as amended by the Planning Commission and adopted by the City Council on May 21, 2001. 4. The existing and proposed on-site consumption of alcoholic beverages would be in conjunction with a restaurant use where food will be served at all times when alcoholic beverages are served. 5. The location of the outdoor seating area meets the distance separation from certain uses identified in the current outdoor seating guidelines. 6. The design for the outdoor seating area are compatible with the proposed overall design of the building. 7. The outdoor seating area is included in the parking analysis for the restaurant use, which can be accommodated by the existing parking. 8. The restaurant is located within a commercial building and a commercial corridor along Newport Avenue where a variety of retail, office, and restaurant uses are located. The recommended restaurant hours of operation of 11:00 PM on weekdays and 12:00 AM midnight on weekends with outdoor seating terminating at 11:00 PM are consistent with the characteristics of restaurant uses and hours of operation of the restaurant would be similar to other restaurants in the vicinity. Resolution No. 4281 Page 3 9. The Tustin Police Department has reviewed the application and has no Immediate concerns. H. This project is Categorically Exempt pursuant to Section 15309, Class 1 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). 11. The Planning Commission hereby approves Conditional Use Permit 2015-05 and Design Review 2015,005 authorizing the sale of alcoholic beverages In conjunction with an existing 1,985 square -foot restaurant and 545 square-ibot outdoor seating area located at 14001 Newport Ave., Suite A, subject to the conditions contained within Exhibit A, .attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 28th day of April, 2015. A jEPPYWTHOWSON Chairperson ELIZABETH A. 6 NSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF TUSTIN ) 1, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4281 was duly passed .and adopted at a regular meeting of the Tustin Planning Commission, held on the 28th day of April, 2015. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED' PLANNING COMMISSIONER ABSENT: 4 ELIZABETH A. BINSAC.K Planning Commission Secretary Altowaiji, Kozak, Lumbard, 5mIth, Thompson (5) EXHIBIT A RESOLUTION NO. 4281 - CONDITIONAL USE PERMIT 2015-05 DESIGN REVIEW 2015-005 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform to the submitted plans for the project date stamped April 28, 2015, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 2015-05 and Design Review 2015-005 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk -Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval' form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT _ (2) CEQA MITIGATION (G) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODElS (7) PCICC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 4281 Page 2 (1) 1.5 This condition shall serve to inform the responsible person(s) of the compliance requirements pursuant to the Tustin City Code (TCC) and/or other applicable codes, laws, and conditions. Failure to comply with the conditions of approval set forth herein may result in the issuance of an administrative citation pursuant to TCC 1182(a). Fines may be assessed by means of an administrative citation as follows: $100.00 for a first violation; $200.00 for a second violation of the same ordinance or permit within one year of the first violation; or $500.00 for a third or any further violation of the some ordinance or permit within one year of the first violation. Building and Sanely Code (TCC sec. 8100 — 8999) violations may be assessed at $100.00 for a first violation; $500.00 for a second violation of the some ordinance or permit within one year of the first violation; or $1,000.00 for a third or any further violation of the same ordinance or permit within one year of the first violation. The City may also take further legal action including Issuing the responsible person(s) a criminal citation and/or abating the violation(s) with the cost of such abatement and/or prosecution assessed against the responsible person(s), the property owner(s), and/or the property as a lien. (1) 1.8 Conditional Use Permit 20'15-05 and Design Review 2015-005 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 2015- 05 and Design Review 2015-005, or is found to be a nuisance of negative Impacts are affecting the surrounding tenants or 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. (1) 1.7 As a condition of approval of Conditional Use Permit 2015-05 and Design Review 2015-005, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, Including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to part'cipate in the defense of any such action under this. condition. Exhibit A Resolution No. 4281 Page 3 (1) 1.8 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.9 The applicant shall obtain the appropriate license from the State Department of Alcoholic Beverage Control for the type of alcoholic sales authorized for the site (Type 41). A copy shall be provided to the City prior to final inspection. 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 in the Tustin'City Code. USE RESTRICTIONS (1) 2.'i The approval is for a restaurant use with on-site beer and wine license and outdoor seating only. (1) 2.2 The applicant shall comply with all applicable federal., state, county and citylaws and regulations. concerning accessibility and nondiscrimination in ; the provision of services, and operation of the outdoor restaurant seating area shall not -be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. (1) 2.3 No outdoor keeping or storage of food or beverages to be served shall be permitted. No open keeping or storage of used dishes, utensils or food scraps shall be permitted. Self-closing outside trash containers shall be provided to the satisfaction of the Community Development Department. All outdoor restaurant seating areas shall be cleaned on a continual daily° basis. (1) 2.4 Business'hours are limited to the following: • Restaurant may operate until 11:00 PM on weekdays and until 12:00 AM on weekends. Outdoor seating operations shall terminate no later than 11:00 PM daily. Hours of sales of alcoholic beverages shall be 'limited to the hours when food is available. Operation of an outdoor restaurant seating area shall be permitted only at such times as the main restaurant use is open. Exhibit A Resolution No. 4281 Page 4 ('1) 205 An outdoor restaurant seating alae may have a menu board that does not exceed six (B) square feet in area. (1) 2.6 Doors from the main restaurant to the outdoor.restaurant Seating area shah be self-closing. (1) 2.7 This approval authorizes a Type 41 ABC 'License (on-site beer and wine sales) In conjunction with a bona fide public eating place. The proposed on-site consumption of beer and wine must be consistent with the Department of Alcoholic Beverage Control requirements. Any changes and/or upgrades to the ABC License shall be reviewed and approved by the Community Development Director. The sale and consumption of alcoholic beverages In the outdoor restaurant seating area shall be restricted by and subject to any required State Alcoholic Beverage Control or other applicable license or permit governing the restaurant. Any outdoor restaurant seating area where alcoholic beverages are sold or consumed shall be enclosed by a border and shall be supervised at all times by an employee of the restaurant. No alcoholic beverages may be removed from the outdoor restaurant seating area, except to the Interior of the restaurant. (1) 2.8 The outdoor restaurant seating area shall not obstruct any fire exit, fire escape, or other required ingress or egress to any structure or property. (1) 2.9 All restaurant use shall comply with the City's Noise Ordinance. (1) 2.10 No Live entertainment or amplified noise is permitted without a valid Live Entertainment Permit. (1) 2.11 Lighting shall be provided to illuminate the outdoor restaurant seating area. (1) 2.12 Outdoor restaurant seating area must comply with the approved plans and regulations and requirements set forth in TCC Section 9277. Any significant modifications to the outdoor seating area or seating within must be approved by the Community Development Director. (1) 2.13 The restaurant establishment shall have a maximum of thirty-six t36) seats indoors and thirty-two (32) seats outdoors. Arty increase in the number of seats is subject to written approval from the Community Development Director. All outdoor furniture and fixtures must be of durable and sturdy construction and suitable for outdoor use. Furniture shall be in good condition without any visible dents, tears, rust, corrosion, or chipped or peeling paint and that it be in a clean condition at all times. Exhibit A Resolution No. 4281 Page 5 (1) 2.14 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. (1) 2.15 The menu of the restaurant shall consist of foods that are prepared on the premises. (1) 2.16 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. (1) 2.17 The gross annual sales receipts shall be provided to the Community Development Department annually. To verify that the gross annual sale of food exceeds the gross annual alcohol sales, an audited financial statement shall be provided for review and approval by the Community Development Director upon request. If the audited financial statement demonstrates that the sale of alcohol exceeds the sale of food, the sale of alcoholic beverages shall cease immediately. (1) 2.18 "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. (1) 2.19 All litter shall be removed from the exterior areas around the premises including public sidewalk areas and parking areas, no less frequently than once each day that the business is open. Trash receptacles shall be provided in the outdoor dining area. All litter shall be removed from the exterior areas around the premises including public sidewalk areas and parking areas, no less frequently than once each day that the business is open. (1) 2.20 No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. (1) 2.21 All on-site signs, including permanent and temporary signs/banners, shall comply with the City of Tustin Sign Code. (1) 2.22 Outdoor furnishings, umbrellas, etc. shall not encroach into the City right of way unless a license is obtained from the Public Works Department. **k 2.23 If in the future the City determines that a parking problem exists on the site or in the vicinity as a result of the proposed project, the Community Development Director may require the applicant to prepare a parking demand analysis and bear all associated costs. If the study indicates that there is inadequate parking, the applicant shall be required to provide Exhibit A Resolution No 4281 Page 6 Immediate Interim and permanent mitigation measures to be reviewed and approved by the Community Development Department and the Public Works Department, Any future parking studies shall consider possible changes to the number of seats or outdoor area as allowable under Tustin City Code Section 9277. PLAN SUBMITTAL (1) 3.1 At the time of building permit application,. the plans shall comply with the latest edition of the codes, City Ordinances, State, Federal laws, and regulations as adopted by the City Council of the City of Tustin. At plan check, all exterior colors and materials shall be submitted for review and approval by the Community Development Department. (1) 3.2 Prior to Issuance of building permit, Orange County Environmental Health and Change County fire Authority approval is required. (1) 3.3 Masonry wall shall include a uniform cap for all wall segments to be approved by the Community Development Director prior to the issuance of a building permit. (1) 3.4 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at all driveways and sidewalks adjacent to the site. (1) 3.5 Construction and Demolition Waste Recycling and Reduction Pian (WRRP). A. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must Indicate how the applicant will comply with the City's requirement (City Code Section 4359, et al) to recycle at least 59 percent of the project waste material. B. The applicant will be required to submit a $50.00 application fee and a cash security deposit. Based on the review of the submitted Waste management Plan, the cash security deposit will be determined by the Public Works Department in an amount not to exceed fire (5) percent of the project's valuation. C. Prior to issuance of any permit, the applicant shall submit the required security deposit In the form of cash, cashler's check, personal check, or money order made payable to the "City of Tustin." Exhibit A Resolution No. 4281 Page 7 (1) 3.6 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer. FEES (1) 4.1 Prior to issuance of any permits, payment shall be made of all applicable fees, including but not limited to, the following: Building and Planning plan check and permit fees Encroachment Permit plan check and permit fees Orange County Fire Authority fees. 0,5) 4.2 Within forty eight (48) hours of approval of the subject project, the - applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount, of fifty dollars ($50.00) to enable the City to file the appropriate. environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. L Attachment B ., the undefsigned, hereby agree to .cornpiy with alt conditions imposed by the Community Development Department and PlanningCommission of the City of Tustin an approval of Condifionai Use Permit 2015-05 and Design Review 2015-005 with conditions as stated to Exhibit A of Resolution No. 4281 attached to the letter dated Apdi 29, 2015. Applicant RT -M,3 44, LO 01a c-, I LLC- CAUPO1�iNl A A6.L-i-1i I t�t�l ; m .i Qmb;,CI71T CML CODE § 1189 A notary public or other officer completing this cert floate verifies only the deft of the individual who signed the document to which this cartific sts is attached, and not the truthfulness, accuracy, or validity of that document. Stade of California County of 0 i''"vim; r. On Mii before me, i✓i a "ia � ^ .� Je) .T a 0� Date here Insert Name and Tule of the Officer personally appeared V i t� t ,t f• � Aj 'I t 4 Name(s) of Slgner(s) who proved to me on the basis of satisfactory evidence to be the person* whose names} isiare subscribed to the within insbvrnant and acknowledged to me that hoWmAhey executed the some In hlWherR#leir authorized capacitypes), and that by I um, veritheir signatures) on the instrument the pemon(i* or the entity upon behalf of which the person(*acted, executed the instrument. �^ MEUSSAANN JOHNSON 0 M. COM # 2034875 NOTARY PU8UC - CAUFORNIA w ORANGE COUNW d COMM. EXPIRES JULY 27.2017 -' Place (Votary Seal Above OPT/OAM Though this section Is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document 1 certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. Signature��'�Signature of of Notary Public Description of Attached Document Title or Type of Document: 4 t� Document Date: Number of Pages: Signer(s) Other Than Named Above: Eapagity(les) Claimed by Signer(s) Sigper's ATame: 3 Corporate Officer — Ti l -e- . 3 Partner — 0 Limited C3 General Mi individual Trustee Other: _ CI Attomey in Fact M— Guardian or Conservator Signer is Representing: Signer's Name: 3 Corporate Officer — Title(s): :,.Partner , 0 Limited � ; General 0.individCfW - - 0 Attomey in Fact D Trustee D-Glardlaa. or Conservator Other. S'gner s Representing: �: E%k.�Y�`::`G%f.�%tKti:�r.'C{,?CFiGi.�%tRw^�.CiY%v`G:I�GG��'!v^=%CMS, "+ •. ' _ ic;2014 i%aiional Votary Association • wvrw.NaVonalNotary.org - -800-US NOTARY ( -600-876-6827) `.em #5907 ACKNOWLEDGMENT A nc-ary pus •c Ur ct�er aff°rcer con-pleting :his cer+a#icate veffes only the identity of the 'ndividual who signed the document to VvNch this certificate is attached, and not the truthfulness, accuracv. or vatdity of that document. State of California County of Los t 6t -r S On Mme. _ , _ t S before me, 3C�i t `� ' A Notary Public personally appeared Ckf ee& gat r G— y� qo proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) re subscribed to the within instrument and acknowledged toat h s e they executed 'the same In his/ eir authorized capacity(ies), and that by his/her eir s natures) on the a instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I .certify under PENALTY OF PERJURY under the laws of the State of Ca'ifomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ".. A6614 TSAI ,, ' n '• commission # 2091222 .,} Notary Public - Calitornia s Lo% Angeles County D '-` amm ExpiresNov 24 2018 Signature, RUBIM LSg1' Y y Commission 4 2091222 btary Public • Calif pmTa ' LOS Angeles county ? COMM. Ex fres Nav24, 2DiB (Seal) RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Director of Community Development 300 Centennial Way Tustin, CA 82780-3767 Space This Document was electronically recorded by City of Tustin Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 111�iU 11111113111111111111111115.00 201500024276412:50pm 05111//5 217 Seco Al2 F13 3 0.00 0.00 0.00 0.00 6.00 0.00 0.00 0.00 This AGREEMENT WITH�� NDPERMIT APPROVOF APPROVAL OAL DISCRETIONAL 1, Project Name: 2. Name of Applicant(s): 3. File Number. 4. Resolution Nos.: 5. Assessor's 'Parcel Number(s) of PrOWty: 6. Street Address of Property - 7. Legal Description of Property* 8. Type of Discretionary Permit: P arty Owner: Use Restaurant Vahid Adannkhoshbakht CUP 20'15-(15 & OR 2095-005 4281 401.-641-19 14001 Newport Ave., #A, Tustin, CA Exhibit W Condtkionai Use Permit/Deslgn Review Tustin Lam Wong LLC 9. roP ermit was approved by the City of Tustin for the Notice is hereby given that a discretionary p permit was approved subject nary ®ns of approval which apply Protect at the Property, as described above. The dial reo the P�perty and to the use of the to certain specified condlti ac ow he P o art owner acre- to these conditions of a tltuteaexnress li itae n s thM a d Property the land and co s hese conditlo s of a royal 'ten ' These conditions of approval ar ' dl on all restrictions on She use of the 1'ro a A, co of the " discretionary Persons who own or occupy the Property. copy conditions of approval are on file In the Office of the Director of Comm ianity the City of Tustin. OWNERS) SIGNATURES: f Cr�ins�(,'ouie, Autzorized Tustin z a_-� .� ongj LLC -� bin ng permit and the D evelopmsnt of r Date: -- Date: Date: . Notes: Legal Qescrlption of Property mustltached as Exhibit 'A" edg d bice a notary public. Signatures of Owners) must be scknow ACKNOWLEDGMENT A rccar+/ pu'i"c cr cher officer completing this cetficate verges on;y the identity of the 'ndividual aho signed the document to w"lch this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 51 ANlnC-t-c'-`a On "a i -i– before me, )L A Notary Public personally appeared C' / —4 412a f o proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) .Lgidre subscribed to the within instrument and acknowledged to 92134at h ,sae they executed the same in hislhe heir authorized capacity(ies), and that by hislba eir s natures) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed tl.e instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ' Notary C'j Aubno . ij►ovn a i Lot Ange es Cu my n Exw as ev24 2018 -rte Signature R w0'N TSAI Commission # 2091222 ' y, A° Notary Pub;lc - CardAm r i.11. Las Angeles County - .exa.'��. (Sea") 7. IXMIT "AID JZGALDES ON IDI F PROYERTY LAT 1, AS SHOWN AND DESCRIBED ON EXHIBIT W ATTACHED TO LOT UNE ADWST'MENT NO. 2006-08 RECORDED SEPTEMBER 712006 AS INSTRUMElliT NO. 20MOOS Ill OF OFFICIAL RECORDS OF ORANGE COHJNN, CALVORNYL APN: 401-641-11 .160 WAX 3:CH181'P "A" c CALIFORNIA ASSOCIATION 'RCPEI�T'I(�a9E�1iIE1�TGREE�iE�IT OF RSALTORS'R (C.A.R. Form PMA, Revised 4109) Tastier .Lam S,.LC aCa3ifazaia Sindted r., ah, U("Owner'"). and on.- e s Tztc. ("Broker'), agree as hollows: I. APPOINTMENT OF BROKER: Owner hereby appahats and grants Broker the exclusive right to rent, ease, operate, and man /mom as 1AD0� lSTewoc�rt &Verne 9 age the oroperty(les) Thwt nn Cg 92780 782 and any additional property wh ah may later be added to this Agreement ("Property' upon the terms below, for the period begkftg (dam) - Mery 28. 2010 and ending (date) May 31. 2013 . at '11:59 PM. (If checked) ® Either party may terminate thispPro erty Management Agreement ("Agreemerri") an at least 30 days �nnitten notice 3 _months after the original commencement date of this Agreement. Afterthe exclusive term expires, this Agreement shall continue as a ion exclusive agr�aement that either party may Wrm)nata by gluing at land 3D days written notice to the other. 2. 'BROKER ACCEPTANCE: Broker accepts the appointment and grant, and agrees to: A. Vw due diligence In Bre perIbMance of this Agreement, B. Furnish the services of Its firm for the reniai,ieasing,operation and management ofthe Property. 3. AUTHORITY AND POWERS: Owner grants Broker the authority and power, at Owner's expense, to: A. ADVERTISING: Display FOR RENTILEASE and similar signs on the Property and advertise the availabitRy of the Property, or any part thereof,1br tal or lessa. B. RENTAL; LEASING: initiate, sign, renew, modify or cancel rental agreements and teases for the Property, or any part thereof; collect and give receipts for rants, other fees, charges and security deposits. Any lease or rental agreement executed by Broker for Owner shall not exceed year(s) or ❑ shall be month-to-month. Unless Owner authorizes a lower amount, rent shall be: 21market rate; OR p a minimum of per ; OR p see attachment C. TENANCY TERNUNATION: Sign and serve In Owner's name notices that are required or appropriate; commence and prosecute actions to evict tenants; recover possession of the Pro(aerty In Owner's name; recover rents and other sums due; and, when Expedient, settle, compromise and release claims, actions and suis and/or reinstate tenanclee. D. ��a ; MAINTENANCE: Make, cause to be made, and/or supervise repairs, improvements, alterations and decorations to the Property; P pay bills for, services and suppose. Broker shall obtain prior approval of Owner for all expenditures over $ 2,000.00 far any one item. Prior approval shall not be required liar monthly or recurring operating changes or, if in Broker's opinion,emergency expenditures over the maximum are needed to protect the Property or other propertypes) from damage, prevent injury to persons, avoid suspension of necessary services, avoid penalties or fines, or suspension of services to tenants required by a lease or rental agreement or by law, including, but not limited to, maintaining the Property in a condition fitfor human habitation as required by Civil Code §§ 1941 and 1941.1 and Health and Safety Code §§ 17920.3 and 17920.10. 1~ REPORTS, NOTICES AND SIGNS: Comply with federal, state or local Jaw requiring delivery of reports or notices and/or posting of signs or notices. F. CONTRACTS; SM McES: Contract, hire, supervise and/or discharge firms and persons, Including utilities, required far the opej won and maintenance of the Property. Broker may perform any of Broker's duties through attomays, agents, employees, or Independent contractors and, except for persons working In Broker's firm, shall not be responsible for their acts, omissions, defaults, negligence and/or costs of same. G. EXPENSE PAYMENTS: Pay expenses and costs for the Property from Owner's funds held by Broker, unless otherwise directed by Owner. Expenses and costs may Include, but are not limited to, property management compensation, fees and charges, expenses for goods and services, PmPerty taxes and other taxes, Owner's Association dues, assessments, loan payments and Insurance premiums. H. SECURITY DEPOSITS: Receive security deposits from tenants, which deposits shall be M given to Owner, or Q placed t, Broker's trust account and, 0 held in Broker's trust account, pay from Owner's funds all Interest on tenants' security deposits If required by local law or ordinance. Owner shall be responsible to tenants for return of security deposits and all interest due an security deposits held by Owner. 1. TRUST FUNDS: Deposit all receipts collected for Owner, lass any sums properly deducted or disbursed, in a financial Institution whose deposits are insured by an .agency of the United States government. The funds shall be held kr a trust account separate from Broker's oersonal accounts. Broker shall not be liable in event of bankruptcy or failure of a financial Institution. J. RESERVES: Maintain a reserve in Brol�er's trust account of $ s. opo. 00 K. DISBURSEMEtM: Disburse Owner's funds, neld In Broker's trust account, In the following order. (1) Compensation due Broker under paragraph 8. (2) All other operating expenses, costs and disbursements oayab!e from Owner's funds held by Broker. (3) Reserves and secur>CI deposits held by Broker. (4) Balance to Owner. L. OWNER DISTRIBUTION: Ramit funds, Nany are eva!lab.e, monthly (or 0 M. OWNER STATEMENTS: Render onthly, {oro `D ), to owlet and charges for each Property. ), statements of receipts. e..xperses N. -BROKER FUNDS: Broker shall not advance Broker's o`er funds Iry connection imth the Property or this Agreement. 0. KEYSAFE/LOCKBOX: 0 (if checked) Owner autlior!zes the use Of a keysele/iockbox to allow entry into the Property and .ag-ass to sign a keyssfe/lockboxaddendum (CA.R. Form KLA). to c.oyrlghtlsws.ofthe United States {iatle 17 U.S. Code) turbid the unauthorized Owner's Initla!s { ' % ?roduction of tars tom, mrerry norCon tl eamaf, ty pbotampy machine or any ether erns includtng -racsim.le or aamputertzed lartrrais. Co?y igtst r,rr 7991 2009, -Broker's 131tia!s { ) { ) i=-R,INIiAASSOCiA-17N OF REALT ORSID,1,,NC. ALL RIGHTS RESERVEC. e� vJA REVISED 4109 (PAGE 1 OF 3) Reviewed ty Data _ ,u.c iourxc PROPERTY MANAGEMENT AGREEMENT (PMA PAGE 1 OF 3) YPCprUNi Y Agent: Ching Sze Louse ?hone: 626-291-5558 Fax: 626.291.5580 �3roker: Louie Prapert7es, inc. 5936 --emple City 131vd Temple city, CA 91780 Prepared rising zipLormU so ware C Nner Narne: Tustin I.am Woncr. .T w a Califo. mz is Limited Xdability Camnany 'Date: was= 28. 2030 4. OWNER RESPOiNSIBiLITIES:Ovmer shall: A. Prov de a_ documentation records and disclosures as required oy 'aw or required Irl Broker to manage and operate the Property, and lmrradiate•y noddy Broker 0 Owner becomes aware of .any change In such documentation, records or disclosures or any matter ung the hall tabilly of the Property. B. ndamnify, defend and hold harmless Braker, and all persons In Broker's firm, regardiess .of responslbifity, from all costs, expenses, suns, Iiab>iRies. damages, attorney fees and claims of every type, 'ncludhrg but not Omfl tl to #cross arising out of Injury or death of any person, or damage to any real or personal propedy of any person, "ncluding Owner, for. (q any reoairs performed by Owner or by others hired directly by Owner, or M those re sting to the management, leasing, fantai, sacu * deposits, or operation of the Property by Broker, or any person :n Broker's firm, or the parformance or exercise of any of the duties, pourers or authorities gra-led to Broker. C. Maintain tine Property In a condition fit for human habitation as required by Chun Code §§ 1941 and 9941.1 .and Health and Safety Code §§ 17920.3 and 17920.10 and other applicable law. 0. Pay all Interest an tenants' security deposits if required by local low or ordinance. I- Carry and pay for. (1) public and premises liaWilly insurance in an amount of no less than $1,000,000; and (0) property damage and worker's compensation Insurance adequate to protect the interests of Owner and Bmaw. Broker shall be, and Owner auttrorizes Broker to be, named as an additional Insured party on Owner's policies. P. Pay any its charges, pemWas and/or interest imposed by lenders or other parties for failure to make payment to gtose parties, if the failure is due to insulflotent funds In Brokers trust account available for such payment. G. Immediately replace any funds required I there are Insufficient funds In Broker's trust a=Lmt to cover Owner's responsibilities. 3. DiSCLOSURM A. LEA04MED PAINT (1) M The Properly was constructed on or atter January 1, 1978. OR (2) U The Properly was constructed prior to 1978. (t) Owner has no knowledge of lead-based paint or lead-based paint hazards In the housing except: (H)Owner has no reports or records pertaining to lead-based paint or lead4onsad hazards In the housing, except the following, which Owner shall provide to Broker. B. POOLISPA DRAIN Any pool or spa on the property does (or, [( does nog have an approved anti-antropment drain cover, device or system. S. COPAPENSAInON: A. Owner agrees to pay Broker fees In the amounts Indicated below for. (1) Management: 5.Oo& of MWA& BMW zDame (2) Renting or Leasing: 6.00$ total com=; Q ; as (3) Evictions: Mot Snalud!sd- Owner to ==m=e attorney at owners esaense. (4) Preparing Property for rental or lease: $250. Do (b) Managing Property during extended periods of vacancy. 5.00$ of gross Rental x=czae {8) An overhead and service fee added to the cost of all work performed by, or at the direction of, Broker. X435.00 per espy (7) Other Management mill aerve Notige to Parr or Oast for do-Unanent =eats. B. This Agreemeat does not include providing on;slte management services, property sales, refinancing, preparing Property for sate or refinancing, modembadlon, fire or major damage restoration, rehabilitation, obtaining Income tax, accounting or legal advice, representation bpfore public agencies, advising on proposed new construction, debt collection, counseling, attending Owner's Association meetings or If Owner requests Broker to perform services not included in this Agreement, a fee shaft be agreed upon before these services are performed. C. Broker may divide compensation, fees and charges due under this Agmement'n any manner acceptable to Broker. D. Owner further agrees that: (1) Broker may receive and keep fees and charges from tenants for. (i) requesting an assignment of lease or sublease of the Property; (It) processing credit applications; (11) any ratumed checks and/or p If checked) late payments; and (Iv) any other services that are not in confi`ct with this Agreement. (z) Broker may perform any of B=aker's duties, and obtain necessary products and services, through affiliated companies .or organizations In whlc]- Broker may own an Interest. Broker may receive fees, commissions and/or profits from these affiliated companies or organizations. Broker has an ownership interest Ir the following atffAated companies or organizations: Broker she]: disclose to Owner any other such relationships as `,trey occur. Broker shall not receive any fees, commissions or profits from unaffiliated comoanies or organizations In the performance omnis Agreement, without prior disclosure to Owner. !3) Other. 7. AGENCY RELATIONSHIPS: Broker sha:J act, arra Owner hareby consents to Broker acting, as dual agent for Ovrner and tenants) in any resin;;' 'g :-ansactlon..f tine Prcpsr y includes rasidertai property with one -w -four dwetthg units and this Agreement permits a tenancy ra excess a one year, Ovmer acknowledges receipt of the "Disclosure Regarding Agency Relationships' (CAR. Form AD). Owner ;understands t ;at Broker may have ar oatain property rranagement agreements on other oroperjr and that potential tenants may consider, make offers on, or lease through Broker, arooe•ty ane same as or sim ar to Owner's Property. Owner consents to 3mker's reprsser+tatior of ofler ownsrs' properties before during and after `'s axoln4on of this Agreement. T. NOTICES: Any vrritteri *notice :to Ow-er or Broker .-equired under tzis Ag-serrent shat be served by sending such notice by first class mail or other syraec-to dbGvery einod to Vat party at tha addrsss be ow, or at any different address he parties may later designate forthls purpose. Notice shall Je neemed received three (3) c2 endar days after deposit I to tl-e a,nited States mai. GIRD Owner's Initials ( ) Sro%ers InrtialS ( ) r r . L'opy;i3n!,* 1091-2003, CFiL1F(}R`rrl1,4SSQCiA—,;ON OF R�AT:tO?EiiD, IVvanlN�uarc PMA DEVISED 4109 (PAGE 2 OF 3) F -3-1—.111d .by Dais a`rrsarofir t PPOPEFITY MANAGEMENT AGREEMENT (PMA PAGE 2 OF 3) min ShuFpin } vner�Vamis: Tustin Zem_Woatr. I„LC a Cal3fnrntin z:t �rj zlab_ 7q�g ao=anyDabB: NT 2B. 200 3. DiSPUTE &SOLUTION A. MEDiATiON: Owner and Broker agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction before resorting to arbitrat on or court action, subject to paragraph 98(4 below. Paragraph 98(4 below appiies whether or not the arb%ation provision Is hnTisled. Mediation fees, if arty, shall be divided equally among t're parties involved. If, for airy dispute or claim to which this paragraph applies, any patty commences an action based on a dispute or claim to which this paragraph applies, without first attempting to Mows the matter through mediation, or refuses to mediate after a request has been made, then that party shall not be entitled to recover amomey fees, even g they would otherwise be available to that party in any such action. THIS MEDIATION PROVISION APPLIES WHETHER OR VC T, TY,E ARBITRA nON PROVISION IS I1417946LED. B. ARBITRATION OF DISPUTES: (1) Owner and Broker agree that any diepUte or claim in taw or equity atrlsing between thorn regarding the obligation to pay compensation under this agreement, which is not settled through mediation, shall be decided by neutral, binding arbitration, including and subject toparagraph 9B(2 be'ow. The arbitrator shall be a retired judge or ustice, or an attorney With at least $ years of residential N estate .aw experience, unless the parties mutuWily agree to a different arbitrator, who shall render an award in. accordance with substantive California Law. The parties shall have the right to discovery in accordance with Code of Civil Procedure § 1283.05. In all other respects, the arbitration shall be conducted in accordance with Tltie 9 of Part III of the California Code of Civil Procedure. Judgment upon the award of the arbitr$tor(s) may be entered to anyy court having jurisdiction. Interpretation of this agreement to arbitrate shall be governed by the Federal Airbitration Act, (2) EXCLUSIONS FROAA Af1E?oIATiON AMD ARBITI;A'nON: lire %Dowing matters are excluded from mediation and arbitration hereunder: (1) a judidal or non�udidai iorectosure ar other actlan or proceeding to erriome a dead of mist, mortgage, or installment ]and sale corrbad as defined 3n Chrfl Code § 298b; an unlawful detahrer action; (iti} fire f(ting or ent'aroement of a mechanic's gon; and {ivj arty matter that is wft* the jurisdiction of a probate, smap Bairns, or bankruptcy court The filhr9 of a court action to enable the reconft of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not -constidft a waterer .of the mediation and arbitration provisions. "NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARiSING OUT OF THE MATTERS INCLUDED IN THE ',ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RiGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED iN A COURT OR JURY TRiAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION." Owner's Initials ZZAT / Broker's Initials EQUAL HOUSiNG OPPORTUNITY: The Property is offered In compliance with federal, state and local anti-ftorlmination taws. rt. ATTORNEY FEES: In any action, proceeding or arbitration between Owner and Broker regarding the obligation to pay compensation under this Agreement, the prevailing Owner or Broker shall be entitled to reasonable attorney fees and costs from the non-prevalling Owner or Broker, except as provided in paragraph 9A. '2. ADDITIONAL TERMS: 0 Keyssie/LockboxAddendum (CAR. Form KLA)-, 0 Lead -Based Paint and Lead Based Paint Hazards Disclosure CAR. Form FLD) --- 13. TiME OF ESSENCE; ENTIRE CONTRACT; CHANGES: Time Is of the essence. All understandings between the parties are incorporated in this Agreemerit. Its terms are Intended by the parties as a final, complete and exclusive expression of their Agreement with rasped to Its subject matte and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement If any provision of this Agreement is held to be Ineffective or Invalid, the remaining provisions will nevertheless be given full force and effect Neither this Agreement nor any provision in ft may be extended, amended, modified, altered or changed except in writing. This Agreement and any supplement, addendum or modification, Including any copy, may be signed In two or more counterparts, all of which shall constitute one and the same writing. Owner warrants that Owner is the owner of the Property or has the authority to execute this contract. Owner acknowledges Owner has read, undo , accepts andiras received a copy of the Agreement. Owner OW-% Data Owner Tasha T I,LC a Cor Print Name Social Securityrrax 1D # (for tax reporting purposes) Address 704 EZ Ata -la street City Zos A=e2es State CA Zip 90065 Telephone _f323) 222-5225 Fax E -mal Ovmer Owner Date Print Name Sociai.Secudty/Tax ID # (;or eax repor`Jng purposes) Address C Te'eohone Fax ity. E --re'• State Zip ?ea Estate Broker 1'9A Louie Perne Tyn, Date 3y (Agent) Clil m Loe DRE tic. # Address City _T_e+�2 State„ Zp 917ao Telephoo a sr2 v_���r Fax (626)2 -5580 E-mai 2s+rrrr_T.rn,4elBao2 r' S rCRM MAS BEEN APPROVED 3Y THE CALIFORNIA ASS C ON OF REALTORSO (CAR.). NO REPRESENTATION 1S MADE AS TO THE LEGAL VALIDITY OR =QUACY OF -ANY PROVISION N ANY SPECIF C TRA SA N. AREAL :ESTATE 4ROKSR 'S THE PERSON QUALIFIED -0 ADVISE ')N REAL ESTATE %NSACTiONS. fF YO DES RE LEGAL OR T AXADV CE, ^C S.�_. AM1N APPROPRIATE PROFESSIONAL. ' rs fbrm is avaffabie far use byths a re real estate Lndrrstry- ;s y;ol 1rtended to Ldsrejy the i ser as a REA_TORCA REALTORM is a registered c llecbve -e-bership rrark •rn ch „ray be used ani/ bymembers of is NATiOXAL ASSOCJr� 4 'ON CF REALTORSO W110 3Lb5Cr1be to {s Code of E,h Cs. Palbiished and +Distributed by. x REALEST ATE BUSINESS SERVICES INC. C a subsidfarl of Lia Calffam a ,''ssr--ion of REALTORS(rp -1 528 Sou:ii Virgn Ava618, Los Ai-igajes, CaffornLa y0070 � F2eviewad by 9 � a -§USit •. A REVISED 4109 (PAGE 3 OF 3) PROPERTY MANAGEMENT AGREEMENT (PP A PAA,;= a n❑'Zi I..._ , .___ DATE: RESPONSIBLE ?ARTIES: ADDRESS: CASE NO.: SUBJECT: CITY OF TUSTIN CODE ENFORCEMENT OFFICER'S INVESTIGATIVE REPORT May 11, 2016 Tustin Lam Wong, LLC cto Louie Properties Attn: Ching Louie 5936 Temple City Blvd. Temple City, CA 91780-2010 V&M, LLC Attn: Vahid A. Khoshbakht 14001 Newport Avenue, Suite # A Tustin, CA 92780 14001 Newport Avenue, Suite # A, Ivy Lounge and Grill V2015-0192 Violations of CUP 2015-05 and DR 2015-005 RECORD OF ACTION: August 7, 2015 Brad Steen, Code Enforcement Officer was notified by the Tustin Police Department regarding six recent calls of service for loud music since May 16, 2015 at 14001 Newport Avenue, Suite # A (Exhilti t A), along with three patrol checks where Tustin police officers observed patrons on the patio after hours. A review of City records revealed that Resolution No. 4281 was approved on April 28, 2015, which approved Conditional Use Permit 2015-05 and Design Review 2015-005, authorizing on-site alcoholic beverage sales for beer and wine (ABC License Type "41') In conjunction with a restaurant and an outdoor seating area (Attachment 2). August 11, 2015 Brad Steen, Mary Salman, Code Enforcement Officer and Melissa Trahan, Tustin Police Officer/Community Impact Officer met onsite with Vahid A. Khoshbakht, Ivy Lounge and Grill business owner to conduct an inspection and to discuss the recent noise complaints to the Tustin Police Department. During the inspection, Brad Steen observed missing "No Loitering signs" around the outdoor seating area, several permanently installed outdoor speakers, four additional seats and one additional table within the outdoor seating area, which violates the conditions of approval for Resolution No. 4281. Brad Steen discussed the violations of Resolution No. 4281 with Mr. Khoshbakht, who agreed to remove the additional seating and table from the patio right away and to re -install no loitering signs within the outdoor seating area. A Notice of Violation was subsequently issued to Mr. Khoshbakht, directing him to comply with all conditions of approval associated with Resolution No. 4281, effective immediately, to cease use of all outdoor speakers immediately and to remove all outdoor speakers by no later than Wednesday, August 12, 2015 at Sam (Exhibit B). Mr. Khoshbakht signed the Notice of Violation and was provided with a copy. Later in the afternoon, Brad Steen physically took an approved copy of Resolution No. 4281 to Mr. Khoshbakht, who had already removed the four additional chairs and one table from the outdoor patio and had re -installed "No Loitering" signs within the outdoor patio area. C.E. Investigative Report 14001 Newport Avenue, Suite # A Ivy Lounge and Grill .May 11, 2016 Page # 2 August 12, 2015 Brad Steen and nary Salman inspected the property and the outside speakers have all been removed, with exception to one speaker to the left of the front door, which had been previously glued to the exterior tile. However, the speaker wire to this speaker was cut by Mr. Khoshbakht during the inspection and the wire was subsequently pulled out completely by Mr. Khoshbakht towards the end of the inspection. A two sided copy of the Notice of Violation, dated August 11, 2015 was subsequently sent to Jeffrey Lee, Agent for Service of Process for Tustin Lam Wong, LLC (Property Owner) by first class mail. September 30, 2015 Brad Steen received an email from Officer Trahan, indicating that In searching calls for service for the month, Sergeant Whiteley with the Tustin Police Department did a patrol check on Saturday, September 5, 2015 at 12:22am and noted that the business was still open and there was music on outside (Exhibit C). October 3, 2015 Brad Steen received an email from Tustin Police Department Lieutenant Todd Bullock, stating that another noise complaint was received last night (Friday, October 2, 2015) at 11:45pm and Sergeant Whiteley responded and observed a DJ playing very loud music Inside the restaurant with the front doors open and approximately 20 - 30 patrons on the outdoor patio. The owner Informed Sergeant Whiteley that they would be closing at 12 midnight, Sergeant Whiteley subsequently performed a patrol check of the business on Saturday, October 3, 2015 at 1:35am and observed several people still inside the restaurant and on the patio. It was also noted that the owner was cooking hookah coals on the north side of the business, on the concrete base of the electrical utility box (Exhibit D). Brad Steen then received a complaint regarding window signage violations within the shopping center. October 5, 2015 Brad Steen inspected the shopping center and documented the window signage violations. October 6, 2015 A letter and a two hundred dollar administrative citation (# CE001158) was issued and sent to Mr. Khoshbakht by first class and certified mail for violating the interior business hours and the outdoor patio hours on 10/2/15 and 10/3/15 (Exhibit E). The letter directed Mr. Khoshbakht to comply with all conditions of approval associated with Resolution No. 4281, particularly condition 2.4, effective Immediately. A copy of the letter, dated October 6, 2015 and its attachments were also sent to the property address and Mr. Lee on behalf of the property owner by first class mail. Additionally, a first Notice of Violation was also issued and sent to Mr. Lee by first class mail for window signage violations and violation of Condition 2.4 of Resolution No. 4281 (Exhibit F). A copy of the Notice of Violation was also sent to all suites onsite by first class mail, with exception to suite B, which is presently vacant. October 13, 2015 Brad Steen received the certified mail receipt for the letter and administrative citation that was sent to Mr. Khoshbakht on October 6, 2015, signed and dated as received on October 8, 2015 (Exhibit E). November 5, 2015 Brad Steen inspected the property and none of the window sign violation have been corrected. A Final Notice of Violation was issued and sent to Mr. Lee and Chunny Lam Wong, manager per current business license records for Tustin Lam Wong, LLC (property owner) by first class mail for ongoing window signage violations and violation of Condition 2.4 of Resolution No. 4281 (Exhibit G). C.E invedgative Report 14001 Newport Avenue, Suite # A Ivy Lounge and Grill May 11, 2016 Page # 3 November 10, 2015 Brad Steen spoke with Mr. Khoshbakht at the front counter of City Hall, who had received the Notice of Violation for window sign violations. Mr. Khoshbakht further stated that the property owner was unwilling to sign his application to modify his Conditional Use Permit to expand his business into Suite # B until he has resolved the sign violation. Brad Steen discussed the window sign violation with Suite # B with Mr. Khoshbakht, who agreed to remove all of the window signage immediately and pleaded that City staff re -inspect the property later today and call Ching Louie, the Property Manager with Louie Properties. Mr. Khoshbakht also verbally inquired whether he could open a retail smoke shop in Suite # B and Mr. Khoshbakht was directed to speak with the Planning Division and to submit a business license application. Brad Steen inspected the property in the afternoon and all of the window coverings for Suite # B had been removed. Brad Steen then called and spoke with Ms. Ching Louie and they discussed the Notice of Violation and the calls for service and violations at Suite # A. Ms. Louie stated that they will likely not be signing the Conditional Use Permit modification application and may also resend their lease for Suite # B. December 7, 2015 Brad Steen received an informational police report from the Tustin Police Department via small, which had three patrol checks listed between November 12, 2015 and November 22, 2015 and an undercover operation on November 28, 2015. The report noted violations of Resolution No. 4281, including hours of operation and outdoor seating (Exhibit H). December 9, 2015 Brad Steen filed an online service request with Southern California Edison regarding the maintaining of hot coals in close proximity of the electrical utility box. On or about one week later, Brad Steen received a phone message from a representative with Southern California Edison, stating that he recently had a conversation with the business owner and asked that he keep the hot coals away from the utility box (Exhibit Q. January 7, 2016 Lois Bobak with the City Attorney's Office sent a letter to Mr. Khoshbakht, directing Mr. Khoshbakht to comply with his conditions of approval per Resolution No. 4281, effective immediately or City staff will schedule a public hearing and request that the Planning Commission revoke both the Conditional Use Permit and Design Review (Exhibit J). January 18, 2016 Lois Bobak received a phone call from Mr. Khoshbakht. Mr. Khoshbakht asked what he could do to get his hours of operation extended. Mr. Khoshbakht also said that he was working with the landlord to lease the space next door so that he can expand his business. Ms. Bobak explained that he has the right to apply to the Planning Commission to modify the conditions of approval, but that the Planning Commission does not have to approve the request. Mr. Khoshbakht was further advised that he is required to comply with the existing conditions until his request goes before the Planning Commission, and that If the Commission denies his application, he will have to continue to comply with the existing conditions. Mr. Khoshbakht was further advised that evidence that he is not complying with the existing conditions will likely not make the City look with favor on a request to either expand the business or extend the hours of operation. Mr. Khoshbakht offered two excuses for what the police have observed. First, Mr. Khoshbakht suggested that if there is anyone out on the patio after 11 pm, it is only 4 or 5 members of his staff cleaning up. Ms. Bobak then pointed out that food and drinks were still being served outside well after midnight and Mr. Khoshbakht said that he caters to a Middle Eastern clientele, and that they do not get off work until 9 or 10 at night, and C.E. Investigative Report 14001 Newport Avenue, Suite # A Ivy Lounge and GAI May 11, 2016 Page # 4 therefore need later hours to unwind after work. Mr. Khoshbakht also stated that there are at least two nearby bars that are allowed to stay open later than his business. March 24, 2016 Brad Steen was notified via email from Tustin Police Sergeant Jon Cartwright that hot coals were being dumped and being kept close to the electrical utility box on the north side of the property, which included an attached video. Brad Steen later received two additional emalls from Sergeant Cartwright with one still photograph in each email of the hot coals near the utility box (Exhibit X). April 7, 2016 Brad Steen fried a second online service request with Southern California Edison regarding the maintaining of hot coals in close proximity of the electrical utility box (Exhibit L). April 8, 2016 Brad Steen received a phone message from Don with Southern California Edison at 2:32pm, stating that there is nothing they can do about the burning of coals near the utility box and that the activity does not conflict with the servicing of power at the property. April 26, 2016 Brad Steen received an informational police report from the Tustin Police Department via email, which had observations from thirteen individual patrol checks between February 4, 2016 and April 24, 2016. The report noted hours of operation violations for Resolution No. 4281 (Exhibit M). May 9, 2016 Brad Steen received an Informational police report from the Tustin Police Department via inter -office mail, which had observations from a second undercover operation which was conducted on Friday, April 29, 2016. The report noted violations of Resolution No. 4281, including hours of operation and outdoor seating (Exhibit N). A letter was sent by Dana Ogdon, Community Development Assistant Director — Building to Mr. Khoshbakht by first class mail, advising that City staff will be holding a meeting before the Planning Commission on Tuesday, June 14, 2016 at 7pm, with a recommendation that Conditional Use Permit 2015-05 and Design Review 2015-005 be revoked (Exhibit O). May 10, 2016 A copy of the letter, dated May 9, 2016 was subsequently sent to Ms. Louie on behalf of the property owner and Dan Hart with Alcoholic Beverage Control in Santa Ana by first class mail. May 31, 2016 Brad Steen received a supplemental informational report from the Tustin Police Department Records Department in regards to report # CR16-1001, which was originally received by Brad Steen on April 26, 2016, documenting a incorrectly listed MAVS ID number on the report and also another IUTAVS ID which was inadvertently left off the original report (Exhibit W). Reporting Officer: Brad Steen Phone'N'umber: (714) 573-3135 Exhibit Listed: A Tustin PD Calls of Service and patrol checks from 5/16/15 — 8/2/15 B Notice of Violation, dated 8/11/15 C Email from Officer Trahan, dated 9/30/15 C.E. Investigative Report 14001 Newport Avenue, Suite #A Ivy Lounge and Grill May 11, 2016 Page # 6 D Email from Lieutenant Bullock, dated October 3, 2015 E Letter and administrative citation # CE001168, dated 10/6/15 F Notice of Violation to Mr. Lee, dated 10/6/15 G Final Notice of Violation, dated 11/5/15 H Tustin Police Department Informational Report, received on 12/7/15 I Southern California Edison onsite service request, dated 12/9/15 J Letter from lois Bobak to Mr. Khoshbakht, dated 1/7/16 K Email from Sergeant Jon Cartwright, dated 3/24/16 and two color photographs L Southern California Edison onsite service request, dated 4/7/16 M Tustin Police Department Informational Report, received on 4/26/16 N Tustin Police Department Informational Report, received on 5/9/16 O Letter advising of revocation hearing ref. CUP2015-05 and DR2015-005, dated 5/9/16 Attachments: 1 Case photographs, dated 8/11/15, 8/12/15,10/5/15 and 11/10/15 2 Tustin Police Department Calls for Service Report from 4/29/15 — 5/29/16 i __ � � � � LL � � � � � ! w', r ..... _. � _. fl ;i ant Generated Generated b/ 1111 on 8'7,2315 Sftmb Criteria: City: TU I Time Range: 05/15/15 00.01 - 08/07/15 23:59 I Agency: F,P I Address: 14001^14001 ^^NEVJPORT^ �b idaift JAI Cate Time IType jp4m r uaft O18pa i.O"tlor OT00021874 P 05/18/16 23:28:84 415E LOUD WUSiC 311 05 14001 NEWPORT AV 1044 05/18/15 23.44.33 CASE NUMBER - LI -15-00010157 (TU) 1239 06110/15 23.28.04 INCIDENT NUMBER ST00021874 1044 06/18/15 23:44:33 Closed dispo : ADVISED 1044 05MBM6 23:44.33 COSSACK ' 6TU08n295 P 05115/15 02:44:50 415E LOUD MUSIC 310 06 140010iE111PORT AV #A 1149 05/26115 02:57.60 CASE NUMBER = U-15-00010837 (IJ) 1239 05125/15 0244:60 INCIDENT NUMBERSM0023295 1149 06126!15 0260:11 XQ1PJu81D AND EgPEL"EING CRAZY FOR THE PAST 1.5 HRS. 1149 06125116 02.57.60 Closed dispo : ADVISED 1149 05126/15 02:67.50 WARD FITZ PAVvVD STU0024239 P 08/30/15 22:65:08 416E LOUD MUSIC 310 00 14001 MEWPORTAV#A 909 06/50/15 23:23.54 CASE NUMBER in U-15-00011328 (TU) 1257 00/30/15 22.58:08 INCIDENTNUMSER:6T00024230 1207 06/$0/15 2256.00 LOUD MUSIC AND YELLING 909 0§130/15 23:13.28 NUA DUE TO AA - 5TU24230 909 06/30/15 23:23:54 Closed dispp : ADVISED 009 06/30/15 23:23:64 WE -w -11»lazME1 08:07.69 TS TRAFFIC STOP 41; QC 14001 NEWPORTAy 809 08.07.02 INCIDENT NUMBER.UU0027249 909 08:07.62 QL,412 ,76FX704 ,CA 1121_ 06:14,03 Closed 01ppo : DRIVER CITED 1121 0s 14:03 LAURICH ST00032676 P 07/17/18 23:00:19 4150 LOUD MUSIC 31; 06 14001 NEWPORT AV #A 1230 07/18/16 0000100 CASE NUMBER= LI-16.00015401(TU) 1149 07/17/15 23:29:10 INCIDENT NUMBER.WTV00=70 1230 07/10116 00:00:09 CIPSe1 Opp: ADVISED 1230 07/18/10 00:00:09 SMITH - PAWC AND MUSIC TURNED DOWN BT00033910 P 07128/16 01:17,42 4166 L.OUI) Music 713 011 14001 NF.WPORT AV #A 1239 07/26/15 01:26:48 CASE: NUMBER = U-1640016042 (TU) 1257 07128/15 01:17:412 INCIDENT NUMBER 5T00030919 1257 07128/15 01:17,42 ALSO LOUD ",SCREAMING AND HOLLERING". RP WOULD LIKE TO SIGN 1239 07126/16 01:25'48 Closed dispo : ADVISED 1239 -07)2e/15 01:25.A8 FIT,ZPATRICK - OWNER ADVISED AND WILL TURN DOWN MUSIC 1239 07128115 01:31:45 RP WAS CONTACTED, WILL FOLLOW UP WITH BUSINESS LICENSING. 488£3 PETTY THEFT HALE C4 03 114801141EIiiF OR`6 AV 1106 `1 11:25:29 CASE NUMBER= CR-1"0004634(TU) Waga 1 Of 2 om Tustin Police Department Cells For Service Report Generated by 1111 on 8/7/2015 Search Criteria: city: Tu I Time Range: 05/15/15 00:01- 08/07/15 23:59 I Agency: FP I Address: 14001^14001^^NEWPORT^ IIncit9e A daft tine® Type I Noz jUnIt Diespea ILocation 1044 G" ' 11:00:30 INCIDENT NUMBER:MO034498 1044 f"" "'" i 11:00:30 RPS BIKE WAS WAS CHAINED TO AN ELECTRICAL BOX AND TAKEN LAST NIGHT. UNK SUSP CUT THROUGH THE CHAIN. LOSS WAS THE BIKE AND CHAIN. DKGRY 3G BIKE BEACH CRUISER WITH BLK WHEELS. OCC 072815 1800-2000. RP IS NOW AT HOME ON MITCHELL 1106 11:1924 1021 RP - 87 AT BACK DOOR 1193 11027 RP DID NOT KNOW SERIAL NUMBER FOR BIKEAND DESIRES PROS 1105 11:38:10 Closed dispo : ORIG REPORT TAKEN 1106 `�`7 11:38:10 GARZONE 488RPT 5T00034843 P 08101/15 02:18:23 PC PATROL CHECK 831 COP 14001 NEWPORT AV #A 1149 08/01/15 02:1824 INCIDENT NUMBER.6T00034843 1149 08/01/15 0218:43 Closed dispo : COP ACTIVITY 1149 08/01/15 02:18:43 WHITELEY SUBJS OUT ON THE PATIO ST00034978 P 081MM5 23:46:03 PC PATROL CHECK S31 COP 14001 NEWPORTAV PA 1239 08/01/15 23:48:03 INCIDENT NUMBER:5T00034978 1239 08/01/15 23:47.13 Closed dispo : COP ACTIVITY 1239 08/01/15 23:4713 WHITELEY 1239 08/02/15 05:45:37 SUBJS WERE OUT ON THE PATIO SMOKING HOOKAH 5TUD034993 P 08/02/15 02:12:32 PC PATROL CHECK 831 COP 14001 NEWPORT AV #A 1239 08102/15 02:12.32 INCIDENT NUMBER:ST00034993 1239 08/02/15 02:12:59 Closed dispo : COP ACTIVITY 1239 08/02/15 02.13:00 WHITELEY- NUMEROUS PATRONS SMOKING HOOKAH OUTSIDE ST00034998 P 08/02/15 02:40:17 415E LOUD MUSIC 310 05 14001 NEWPORT AV #A 1239 08/02/15 03:02:54 CASE NUMBER= U-15-00016578 (TU) 1239 08/02/15 02:40:17 INCIDENT NUMBER:5T00034998 1239 08/02/15 03:02.54 Closed dispo : ADVISED 1239 08/02/15 03:02:54 WARD - BUSN CLOSED FOR THE NIGHT nage 2 c•' 2 9L� "TOTICE OF VIDLA710NORE-CITATION NOTICE JA ZONINNILTI ITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92730 Responsible Person ai, 1A ,�. .=1144tlw-y & Date f.A. %k o09 Time � ' z -r Address 1420 Waa&L,.tiVAi Ls a . Phone i°l 3'�i — a C�e �"�`:a^�+�eM'�leZ.�h. �►rr't°�\aC G. rt ��.� .�'"dCS.e�,trL��rw'd'.+v+'sw+�� �a.1`3x�'+�+.�, .`,,�.mr� bv+ Description of violation(s): �a 'T�T�. �,�, : i'eZ•/► z �e �+�`�.`�: �:.. N r � a �'+� r -r a ;tutu•., As part of the continuing program of preserving dttd improving our cat tnutni r, as inspection has been made of the property at the above location and the following violation(s) of the Tustin City Code tTCC) were observed ( ) 1. Abandoned /Inoperable ( ) 5.Obstructing streets, %eMcles or discarded property sidewalks. alleys and other public prohibited T.C.C. 5502 (a) property. T.C.C.'310 I ) _'. A Rooster shall be ( ) b. Nott -maintenance of maintained a minimum of 100 feet landscape, dead or overgrown t)vm any dwelling structum vegetation prolubitoL T.C.C. -42211bit 3) r.C.C. 5502 (m)(1) ( ) 9. Mobile Automobile Services ( ) 13. Franchise or contact with Permit Required T.C.C. 3321 City required prior to container delivery. Y.C.C. 4321 ( ) 10. Human signs shall be ( ) 14. Permit required for balloon prohibited within 200 feet of any display /Only permitted in ,treat intersection. conjunction with a special event) T.C.C. 11403 (d)(15)(a) r.C.C. 9403 (d)(5) ( ) 3. (,nmainmined pool. or body () 7. Fetuses and walls in () )1. Business License Rtx(uirexd () 15. Sign permit required. of water prohibited. disrepaw prohibited. r.C.C. 2512 T.C.C. 9403 r C.C. 5502 (g) T.C.C. 5502 (m)(3) ( ) -4. No occupier/ heehive shall () 8. Any condition which wtista ( ) 12. Prohibition on illicit he closer than 100 feet from any upun any premises that is connections and prohibited residantial structure, street or dangerous to human life or is discharges T.C.C. 4901 highway. T.C.C. 4221 (a)(4) detrimental to health T C.C. 5502 (b) s t�) 17.Other.. e g . t - . t ��t� r r r.' ► u , +L - ( ) 18. Other. �' i i :. ' � 4. /i • �. `. .'4'' —' = v �r �' • .,.- �L... - e �.' — A "� �r+� � .1 ry ,E- "` ''f r ! a ^' t.�" . � "" � ,�y la 7 Li ,; 1 d', /y I ti 1 It is necessary that all applicable approvals and permits are obtained and corrective action is taken to remedy the violations) noted above within day(s) from the date of this notice. This notice shall serve to inform the responsible person(s) of the compliance requirements pursuant to the TCC andior L:pplicable codes, !aws, and conditions. Failure to comply with these requirements within the time specified may result in --he issuance of an administrative citation pursuant to TCC 115?(a) or further legal ruction Reference Exhibit A on the oac{ side of this nutice). Once the tiiolation(s) have been corrected, please contact the undersigned so that the enforcement officer can re -inspect ,he orouerty and potentially c.ose.ihis•vise. J you need furtaer clarification or ass.stance .wrh his matter. contact the u:dcrs*z a )573•1l3-4 f.714)573-3135ur(71-073-3.49. - „,�. i,e� iw4 �.i�.n•fe�Fro. __ - ---- .. ' I ,;' .. 4- ".) 10 W n n � m to 44 Ana A� r��-► �NN�.CPr�� .i. O b o iv '�`► p 92 ?A 3 o y' S n o 0. 0 CL /yt�l1 mY, C• S CL .3 r+ 0 r' �:�: E9 om ate. Y > > Z W in CL CL m q m 6 m W ^w Q 0 Steen, Brad From: Bulloch Todd Sent: Saturday, October 03, 2015 8:24 AM TO: Steen, Brad, Trahan, Melissa Subject: Ivy Lounge An excerpt from Sgt. Whiteley's log from Friday night At approximately 11:45pm we received a noise complaint at the Ivy Lounge. I responded could hear the music from quite a distance. 1 made contact inside the lounge where they had a DJ playing very loud music. There were also about 20-30 patrons on the patio in violadon of their conditional use perm# The owner told me they were going to close at 12:00am. While they did tum off the open sign, there were several people inside and on the patio when I conducted a patrol check at 1.35am. They were also cooking the hookah coals on the north side of the business on the concrete base of the electrical panel. It looks unsafe. Y r-^^a I p Community Devel0, _bent's Department Sent by first class and certffied mail October 6, 2015 Vahid A. Khoshbakht 13901 Yorba Street # 25 Tustin, CA 92780 SUBJECT: 14001 NEVI/PORT AVENUE, SUITE # A Dear Mr. Khoshbakht: TuSTIN 4.p 1HtSlO9Y >bua navG OUR: FUTURE HONORING OuR PAST CASE # V2015-0192 On April 28, 2015, the Planning Commission adopted Resolution No. 4281 (attached hereto), approving Conditional Use Permit 2015-05 and Design Review 2015-005, authorizing on-site alcoholic beverage sales, along with the establishment of an outdoor seating area. Additionally, City staff met with you on August 11, 2015 and subsequently issued you a Notice of Violation for violation of several conditions of approval associated with Resolution No. 4281, Including violating the approved business hours. However, on Friday, October 2, 2015, the Tustin Police Department received another noise compliant at 11:45pm and upon arrival, a DJ was observed playing very loud music inside the restaurant with the front doors open and approximately 20 — 30 patrons were within the outdoor patio area. Furthermore, on Saturday, October 3, 2015 at 1:35am, the Tustin Police Department conducted a patrol check and observed several people still inside the restaurant and on the patio. As a result of this incident, a two hundred dollar administrative citation (# CE001158) has been Issued to you ($100 for violating the patio hours of operation and $100 for violating the Interior business hours of operation), which is enclosed herewith. You are hereby directed to Comply with all conditions of approval associated with Resolution No. 42819 particularly condition 2.4, aftective Irnmedletely. Failure to comply with this letter and administrative citation will result in the issuance of an additional administrative citation or further legal action, which may include proceedings to revoke Conditional Use Permit 2015-05 and/or Design Review 2015-005. Should you have any questions regarding this letter or the attached administrative citation, do not hesitate to contact me at (714) 573-3'35. 300 Centennial Way, Tustin, CA 92780 0 R(714)573-3100 0 F-,(714)573-3113 c, www.tust;nLa org UGM Newport Ave. Case # V201"192 October 8 2016 Page # 2 Sincerely, A. Bra Steen Code Enforcement Officer Attachments: Administrative Citation # CE001155 Resolution No. 4281 Notice of Violation, dated august 11, 2015 Cc: Dana Ogdon, assistant Director — Building Tustin Police Department Tustin Lam Wong, LLC, Attn: Jeffrey C. Lee (Dorrresuc Mail or,i, For w_tivory infonnatic F, CaMad Fes C3 Wd"4 A"ftWOORUMFee G JFXdor""s tf"Ulmdy r9 !Cc t TXaspe ileafe" paatmars Here aireeaov PZ-; Forin 3800, August 2006 5ric Revetse for loslrucOonn I 0 complete Items 1, c .rd & Also complete stern 4 N Restrioted Delivery Is desired. ri Pdnt your name and address on the reverse 60 that we can return the card to You r' Attach this card to the back of the meilpieoe, or on the front N space perm@s 1 Article Addressed t V44 A,14*sb6kh4- 13g01 YQYb,' -5+ee'j-* z5 1-µh4 gZ?so �� �... O Agent EL Received a (Prfir43d Nerve) Aadefy �13 C. of Delivery D. Is delivery address dlgsient from tem 17 [7 Yes If YF8, enter delivery address halovw. d No 0 �t s Icy,&pe pOrdflad MqA p Express Matt %J KBOW&W In I ® m Retu, ram fa frl 4 O.q.U. 2. Article Number 4. 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T cii $.11:? -rhe Impi .eJ, "'W" T.") the1'rialrli7 � adfiie-'r- S1KVW11 yl'r3 i wFYHh -t'm3,10) d-3uS'-.?ry7F `ht- d-ltC Ari i55[r {7C:F:..,rl.l'ah3,?rine will X2.::Ss31: i'e-Qre a t'i1?'3;irtz offickv :;i: aJiJMD j.im'J raspJ+:JIvabl£ P1 i.zrr nc. f ro alert 1312 S:i':d7ii7it (7r-(• a':r: 'U66).. . �rlctliir.�r>�li7fis�rstatJoltst:itfstF:.h.S'r� a':wr�rw+sFSYJa��a,ti.a Data of citation issuance Day of week Time LocationorWolation:100ii ,, i'1 3A"+= Name VhA Wdck Last): LILOS DLoriDil DO Height/Weight Melling address: Street City State 71p - Business Owner Property Omer ( Tenant 13Other TUSM CiTY CODE (TCQ VIOLATION: TCC Section Desatotion ® TCC 5S02(b) Any condition which exists upon any premises that is dangerousto human Iffe.or Is detrimental to health. 0 TCC 5502(m)(1) Non -maintenance of landscape, dead or overgrown vegetation prohibited. TCC 5502(a) Abandoned/inoperable vehicles or discarded property pmhibited. ® TCC 49M IlRcit connections and prohibited discharges. jbi i 7.60 '� ooe OOMPLIANCE ORDER The responsible person (s) shall corrector otherwise remedy arty/all violations listed herein by ,? j d- -A " 0.-`�+ and pay an administrative fine within thirty (30) days of the dam of citation Issuance (noted above) as prescribed In the administrative fine schedule below. Pines must be paid in full by the compliance date to avoid additional penalties. ADMINISTRATIVE FINE SCHEDULE TCC CODE VIOLATION (Not Building and Safety Code) C-1 a violation $100 FINE n2 Od Viglaga& $200 FINE X = ® 3 or more violatlons* $500 FINE X = (Building and Safety Code (TCC Sec 8100-8999)) 1� violation $100FiNE X_= LJ 2"d violation* $500 FiNE X = ® 3 or moreviolations* $1,000 FINE X TOTALCTATIONFINSAMOUNTDUEL$,,_" $- a Additional violation ofthesame ordinance orpermit within one year Signature of Recipient: Date x Signature fo ent Officer t Type of Service ♦LQBp i G:57: V- 3 Personal Name of Enforcement Officer Badge No`& Dept. I Mali upost Contact ilhone: SEE REVERSE MOE FOR PAYMENT AND OTHER INFORMATION W1irrE File YELLOW: Redpient 7.V/ I� ry 0VNOTICE OF VIOLATIOMPRE-CITATION NOT7CE COMMUNITY DEVELOPMENT DEPARTMENT ° ... 300 Centennial Way, Tustin, CA 92780 Responsible Person"* +A 4 - ut : ���• 41 j C. le Date o' -5 Time 6?9.YA Address`l e Phone Description of violation(s): As part of the continuing program of preserving and improving our community, an inspection has been made of the property at the above location and the following violation(s) of the Tustin City Code (TCC) were observed: ( ) 1. Abandoned /Inoperable %chicles or discarded property prohibited. T.C.C. 5502 (a) ( ) 2. A Rooster shall be maintained a minimum of 100 feet from any dwelling structum T.C.C. 4231 (bli3) ( ) 3. Unmaintained pool. or body of water prohibited. y r.C.C. 5502 (g) ij ( ) 4. Vo uccupied beehive shall : he Moser than 100 feet from any reside•ntin) structure, street or I highway. MC. 4221 (a)(4) ( ) 5. Obstructing streets, sidewalks. alloys and other public property. T.C.C. 7210 ( ) 6. Non -maintenance of landscape. Jand or overgrown vegetation prohibited r.C.C. 5502 (m)(1) ( ) 7. Fences and walls in disrepair prohibited. T.C.C. 5502 (m)(3) ( ) 8. Any condition which artists upon any premises that is dangerous to human life or is detrimental to health T.C.C. 5502 (b) ( ) 9. Mobile Automobile Servicus Permit Required T.C.C. 3321 ( ) 10. Human signs shall be prohibited within 200 feet of any street intersection. M.C. 8103 (d)(15)(a) ( ) 11. Business License Required r.C.C. 3512 ( ) 12. Prohibition on illicit connections and prohibited discharges T.C.C. 4901 ( ) 13. Franchise or contact with City required prior to container delivery. T.C.C. 4321 ( ) 14. Permit required far balloon display (Only permitted in conjunction with a special ,event) M.C.9403(d)(5) () 15. Sign permit required. T.C.C. 9403 4200 t cu? ZOSS -09 j ( kM Other, -.t � .,3•,a '-' Lo^h"a'►t't► tc' �)w33trr� (n + c am' 18, tither. � � '. � ".Y f'7 a � �l ��s � Y"�1'. 3 / R. � � + � , 1 �1��, . • �� il%�.t �_ i ' Zn •Y � CulretriveAction(s) .'.:1 4 ,.,i •� rot *• aim :. �Srr .imp. �'ket'? •"1. y\ `s91'. ""r +fir �. v _ •' ..L,4r';• ..v,ii's 'utak;: �"' .q &%t,, CJs+..: {{,'"� • 17� _ iia. � 'f����..r r ..irti r��'i✓. -�'Lj y I *v.. 7_ . . w�t�inAh? •!moi .fi4JA'11e It is necessary that all applicable approvals and permits are obtained and corrective action is taken to remedy the violation(s) noted above within i' day(s) from the dente of this notice. This notice shall serve to inform the responsible person(s) of the compliance requirements pursuant to the TCC andlor applicable coders, laws, and conditions. Failure to comply with these requirements within the time specified may result in 'tie issuance of an administrative citaron pursuant to TCC .162(a) or Farther legal action I Reference Exhibit A an the '-)act side of this aume). Once the violation(s) have been corrected, please contact the undersigned so that the enforcement officer can re-itispect the orope:rty nrid potentia'ly close tW9-=§e— (1' you need urther clarification or assistance Wth t: is matter, contact the .nLtrst+;ned at (714) 573-313-1. 714) 573-3135 or (7.t -)) 573-3 i -1,). ,r. a+r";+tr�,"F �?:-.,•; �; ,,,ti .,f a.oae P�t.,:0af'� ►'�c• 1 `i....! r ...,. .M Fes"-.......,... ' � --.z � �� ��� ! �„ � i "YOTICE 07 VIOLA710IMPRE-CITA710N NOTICE C ONIMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 N Vr I +C C #,V-WlS— tits 1 Responsible Person h0m C. a N Mbl q Date jymp4gy 'S 1,20K Time _ Address 14601 wtwb& `' Phone Description ofviolation(s): AS -to, Vio6.�i+iot>'S a0d priple V101dt"�W 6' 000jiRwA .24- 4 ?o5s. �.+}2Bj As part of the continuing program of preserving and improving our community, as inspection has been trade of the property at the above location and the following violation(s) of the.Tustin City Code (TCC) were observed ( ) I.Abandoned /inoperable ( ) 5. Obstructing streets. ( ) 9. Mobile Automobile Services ( ) 13. Francbise or contact with vehicles or discarded property sidewalks. alleys and other public Permit Required T.C.C. 3321 City required prior w container prohibited T.C.C. 5502 (a) property. T.C.C. 7310 delivery. r.C.C. 4321 ( ) 2. A Rooster shall be maintamed a minimum of 100 Feet from any dwelling structure. T.C.C. 4231 NO) ( ) 3. Unmaintained pool. or body Of water prohibited. r.C.C. 5502 (g) ( ) 4. No occupied beehive shall he closer than 100 feet from any residential structure. street or I highway. r.C.C.4221 (a)(4) at.IreC g40SLE)tg) 17. other: Ut- q ( ) 5. Non -maintenance of landscape, dead or overgrown vegetation prohibited. T.C.C. 5502 (m)(1) ( ) 7. Fiances and walls in disrepair prohibited t�� T.C.C. 5502 (m)(3J f 1Mm_ ( ) 8. Any condition which exists upon any premiftes that is dangerous to human life or is detrimental to health � 06if SO VVI .14 Wwatos 5611 oaf e(eedd a ( ) it). Hum= *igae shall be prohibited within 200 reit of any ,treat intersection. r.C.C. 9403 (d)(15)(a) ( ) 11. Business License Required r.C.C. 3512 V-�M4JE ­— ) - ) 12. Prohibition on illicit connections and prohibited discharges T.C.C. 4901 ( ) 14. Permit required for balloon display (Only permitted in conjunction with a special event) r.C.C. 9403 (d)(5) 15. Sign permit required T.C.0{{. ,9e103 Zea. g�gola�►�,� A)A TEST $% f vicw 0106-085 �f 1s♦+ol�iotti o� ��S• o � �. r_41 It is necessary that A applicable approvals and permits are obtained and corrective action is taken to remedy the violations) noted above within day(s) from the date of this notice. <ee A6ve This notice shall serve to inform the responsible person(s) of the compliance requirements pursuant to the TCC and/or applicable codes, laws, and conditions. Failure to comply with these requirements within the time specified may result in -he issuance of an administrative citation pursuant to rcc 1163(a) or further legal action , Reference Exhibit A on the Wick side of this autice). (Once the violation(s) have been corrected, please contact the undersigned so hat the enforcement officer can re -inspect the orooerty and potentiallv closet ' a t you need further clarification or ass'stance with As matter. contact the ,..nc.ersig,zd at (714) 573-3134. (' 4) 573-3135 t�(714) 573-.31-19. r�vtl'1t11fP. ill �?.-'Ct1���Rt iZo.£glu�'1da►`Na. •�'�.p , a.'i�,r1.�c .�t tncnrctnr� hl\ r........ --.» »..T fliu. . M.. ,«.. ... iiiunin tUrikito I1 0'. TU; i`tN POLICE DEPARTMENT N"�" r rl�uut' 300 CENTFNNI Al, WAY `ryl as rnlrra' ; 3Y_ ! t;, . lIl•tx,r9)1i I Ic,rn1 '1nc �a1LH rTU TUSTi>AI, CA-92780 h L our1T1`ar / nut rAra nlnit n i + ., C1tIM41il1flt10 . _ ,,��11,R�jI8Mp,� 3/ y,'C 8y NT SPO a 6+.. a11rJL1lrJnunlarlFrtai - 1,I:1"371VI�7�. is�1W�fV9 �A::i�M�� OU!111113R OLSI!Xcl 1+14 nTDJf1l10 fOVD7dI1F) oirlijJ. 11 I,1M4. (jiQJli i,J;U4AlIIituILllt'1!1'i.' J.Ln 121 ;11 U.F.OlWJIXIIIF ptJq 9A 7 -'114;11111 Lik;+Uli1Nr,11 4lnhU - - - •d•.,-•..�•.••..• •• .. . -. i }�j�' /,/� �N ION, «e 17 1'11?AP1At#I: j'It;rvSIN9!11 �� tU t.Y17k:11PilT ll T1011 fU'f'p 101 J91U 1 RlTl; ;! 1�.,Y •-.•.. � .. '..!'rmulkl",T,.FRii1,fNPLRT.j . • . u.1 . IDfJ 771 Lyff L .137:11«'i rMI'•t; IVnn •111x3' tlnl• 1 kV I:RJO 1QI1 44PN rN i.71•110IU1:rICR AOt11tf:. 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I 77 CD E ' 7R NAME IODtq 8 ON •7 OB, 78 am7HHAC0 1 vy"T R HMP S SLK 1 M ;� q IND 0 CHI H JAPN 7 F1L IBM 77 REOIDENCHADDREBS A T 78 CITY —� _._. SD019 2IPCODE 70R94PHONE 80 Hr 1 ) 81 BUSINESS NAME &ADDRESS 87 CITY STATE ZIP CODE 83 BUS, PHONE 84 � _ l 80 CELL I+110NE l ) BTU"'* 9 86 STATE 119 YEAS 90 MAKE B1 TNODEL HR 0 UNK 2 4 DR 4 , PAI 8 VAN 8 RV 10 OTHER IODY _ t 2-DR 8 CONY 6 TRUCK 7' LVW B MIC (7 93 COLORICOLOR��•-��- - - 94 MERE _ 90 OIHPOHITION OF VEHICLE MAVS BOOK MARKED AS EVIDENCE RETENTION PERIOD YES NO YES NO r6 YEARS PERMANENT 115 Be 1 THERE IS A WITNESS TO THE CRIME 9r 1 FINGERPRINTS w 99 1 ORDER SERVED AT SCENE BY P A SUSPECT WAS ARRESTED n 2 TOOLS 3 A SUSPECT WAS NAMED 8 TOOL MARKINGS P9 4 A SUSPECT CAN BE LOCATED 4 GLASS 0 2. ENTRY MADEmop 6 A SUSPECT CAN BE DESCRIBED 6 PST V 8 NAME OF PE w 6 A SUSPECT CAN BE ENT1FI 6 BULLET CARING 7 A SUSPECT ENTIFIED U 8 4. RESPOND SIGNITTl1RE; Q BT IME IS ID LEN PROPERTY 9SEMEN p �j 9THEREISASIGNIFI A. 12 10BLOO LL 10 SIGNIFICANT P SI AL EVIDENCE IS PRESENT 12 ion CSI PERFORMED BY. 11 THERE IS OR INJURY/SEK CRIME INVOLVED 19 REARMS NAME & P8 12THERE TX GOOD POSSIBILITY OFA SOLUTION PHOTOGRAPHS r�rt� — 18 FU ER INVESTIGATION NEEDED 16 OTHER (DESCRIBE) p NOTES 14 C ME IS GANG RELATED 16 HATE CRIME RELATED 90 TOTAL /j/,A � O LAR AMOUNT — - - - - 16 REPRODUCTIVE HEALTH CRIME 101 SUPERVISOR ATSCENP- (RANI, NAME J: ID NO 1 OSE MARRY'S LAW NOTIFICATION 709 UNIT NUMBER YES f04LREPORTI_A _#­ !�'9. L'+'9 1Ae DATE r -- -- 10S APPROVEDBYliONO. —_� ...._--•----- 1W MATE-- ...- ._ nuiwn`ct�� r , , -r}Jtnxtirr l��nlfv RE CRIME f . BUlIINI ., rJl/;t� Illruu� l I1AN1 i.4 LU}U,I I:. 1Uf • nrtAara.Il11nlrLol t'aln �UIUt JlAlull • 91- I11114ll.1,1111011111 I3 `JItl110 tit/+'!.lt(itrf9 4r/Nr.118it- HItIJ.ON. 6 ANNULLED :)u1'.•IM 1 51H1 All II 6 COMMON LAW 6JAblltfrtly. 'tl1t.rigl/,A 7 (.A!. IAIU IlJ J0 WAl1 8111+11I hifrlll lIfrjdl mIiI SULIn 1II'.00UN7 r.1010 1'1.AlfNJ IO C.U111, 4101 It (AMIE'. 1 I AU 11'11,1011011) 11 J1 WJ Illy 1410111 111.11OUNIJI I'1A L IPII(III(III Ifolli If. UPPJIlLIvrI. Ifi11111KN wl 19P1ID1'O!d/U10 IIgT11LH • 14 COIM NO NIX I.rQIO yr Ib 1fEN FAUI1AN I Issul7 fam" 1-1 1/ Iv/f1A1810 111 U110 PAllft) 101vr:YtAt IIALJ h 20 CMUMnTO". Of 11.At t I/ 21111AIHIND6101W 22HAIIUWAIR 29M1INCAI 24 On 111 111111 DIN(. 253tim. I.I OI1L 2swnnutioutlr 270TIIEII 28 APARTMENT 29 CONDOMINIUM 80 DUPLEX OURP 81 RANA AG Jit 1J8 HOUSE J 34M C HOME as CHURCH Q03 97 HOSPITAL 98 PAAK/PLAYGR4OU f5l NG LLALLEY i 44 OTHER .HLQLr;_ 46 CAMPERQp3 46 MOTOR HOME 1 47 PASSENGER CA 48 PIC UP 49 %� I 50 TRU 51V 52 OTHER 1 tau rnr1c.L u1STTl x wnNrulw BMAl.9n.n tntTxJaPI aNtY 4 n!R)UY t Onr:C !. HOIt tdJt ! 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Sr1 KIN(, bnM1 OM apb 6 r r1VLR1 n vita im rAL'1 t I ININ rf�� ' 1 RtkJPrC f8 111 bf 111411 f I/NUh G roiO111c111APH1 n Vlf. IO KNtw lu1!N urms i0 anvil / VIL: u v 1M 1`n r1UI.P I 19 Mn HHEnI: It 10181+sumcUvIC 4 fwt IN rN1 U nlwJI.N Ulm 4'T 10 SU MY 11 n(MbILUVO (,I)MMIIUWn 1'LIIVrItILD A(.1 171NSrHrrU 1 INTI 11 INTO VAWNA I I ORCI n VIE, TO 11QJJULL !aLL413 14 SUSP I ONULED V1t,11M Ib AWTURSATFn SFLF 10 OTHER 1S MEMIMB Or NtIOn WAICH7 01 YF5 W NO IS MEat(BEH OF OPERATIONJUS 81! YES 8.1 N� Qb YES A / A NO Yrs / /'ad NO INSA 8401=7 PI PREPARt7)LNJT 71 RANSACKET) JKf H111111=4FT CL0IJllN(t 11.1 SHUT OFF POWER 2b SMOKrD ON PHEMISF,S 110SE1 WItUVICTIM 2/ SUSPECT AIIML13 1811•IREATENr'A FI FDILIATION 20 TOOK ONLY CONSUMABLE''S 80 TOOK VICTIM/8 V14ilmC 3170HIURED 92 UNDIA INIT.UENCC DRUGS 98 USED DEMAND NOTE 84 USED LOOKOUT 96 USED DRIVER 96 USED MATCH/CANDLr 87 USED VICTIMS NAML 98 USED VICTIM'S SUITCASE/PILLOWCASE 99 USED VICTIMS TOOLS 40 VEH NEEDED TO REMOVE PROPERTY 41 CUTAASCONNECTED PHONE 12 CASED OCAnONBEFO I AUDIBLE ALARM L 2 SILENT ALARM 3 PRIVATE SECURITY PATROL 4 000 5 STANDARD LOCKS 0 AUXILIARY KB (DEAp�N tic) 71X8 RRII.LS 8 OUTSIO IG ON 9INSI ON 10 BE DOOR LOCKED 1 088CURED INTERIOR VIEW (OOMMERCIAtJBUSINESS) 12 SECURITY SIGNING (hLW ALARM ETC.) 19 UNKNOWN 14 OTHER PHYSICAL CONDITION 1 UNDER INFL ALCOHOL/ DRUGS 2 SICKANJURED 9 SENIOR CITIZEN 4 BLIND 5 HANDICAPPED 6 DEAF 7 MUTE 8 MENTAW/EMOTIONALLY IMPAIRED 0 OTHER . 17 RELATIONSHIP TO SUSPECT 1 HUSBAND 2 WIFE 3 MOTHER � 4 FATHER 6DAUGHTER 6SON 7 BROTHER $SISTER 18 f MARITAL STATUS RE CRIME Q14 + 1 SINGLE 10UAINTANCE 48 FOLLOWED160"ED VICTIM 2 MARRIED /I- FRIEND i`I 44 OTHER 12 BOYFRIEND _ _ _ 111."T{jlg Piirlpll F - 1`'r Y3RA�CTiJ'T 11181 Ci+Tl+c nlT. v � -� � � � - PHYSICAL CONDITION 1 UNDER INFL ALCOHOL/ DRUGS 2 SICKANJURED 9 SENIOR CITIZEN 4 BLIND 5 HANDICAPPED 6 DEAF 7 MUTE 8 MENTAW/EMOTIONALLY IMPAIRED 0 OTHER . 17 RELATIONSHIP TO SUSPECT 1 HUSBAND 2 WIFE 3 MOTHER � 4 FATHER 6DAUGHTER 6SON 7 BROTHER $SISTER 18 f MARITAL STATUS 8 FAMILY Q14 + 1 SINGLE 10UAINTANCE 2 MARRIED /I- FRIEND i`I 9 DIVORCED 12 BOYFRIEND 4 SEPARATED 18 GIRLFRIEND 6 ANNULLED 14 NEIGHBOR 6 COMMON LAW 15 BUSINESS ASSOCIATE 7 WIDOWER) 18 STRANGER 8 UNKNOWN 1T UNKNOWN 9 OTHER TUSTIN POLICE DEPARTMENT REPORT NARRATIVE CR#15-7061 P+G#1 Sydnopsis: City of Tustin Code Fnfoicement requested TPI) Special Investigations to conduct an investigation of the IVY Lounge & Grill reference various code violations. Norrativee On l 1-12-15, at approximately 1800 hours, I .started an ongoing investigation into the IVY Lounge & drill restaurant, located at 14001 Newport Ave. in Tustin. It was brought to any attention by Brad Steen of the City of Tustin Code Enforcement that the IVY Lounge & Grill was continuously violating its conditional use permit. I reviewed the Conditional Use Permit for IVY Lounge & Grill provided by Code Enforcement Officer Brad Steen. The permit states the restaurant can only operate until 2300 hours on weekdays, and 0000 hours on weekends. The patio was close at 2300 hours daily. The following violations were found: On 11-12-15, at approximately 2335 hours, Officer Cossack conducted a patrol check at the IVY Lounge & Grill. Officer Cossack narrated his check while recording the incident using his Mobile Audio Video System (MAVS). Officer Cossack noted there were "quite a few people on the patio" and they appeared to be smoking hookah. Officer Cossack later told me he estimated it to be approximately seven people on the patio. Officer Cossack noted there was a waiter attending to them and appeared to be serving them food while the customers were smoking hookah but he was not sure. The footage is documented under MAYS ID#266873. On 11-21-15, at approximately 0040 hours, Sergeant Whiteley conducted a patrol check at the IVY Lounge & Grill. Sergeant Whiteley narrated his check while recording the incident using his Mobile Audio Video System (MAVS). Sergeant Whiteley noted several people both inside and out on the patio. Sergeant Whiteley also noted the "OPEN" sign was still on and the parking lot was full of cars. The footage is documented under MAVS ID#267868. On 11-22-15, at approximately 0017 hours, Officer Nelson conducted a patrol check at the IVY Lounge & Grill. Officer Nelson narrated his check while recording the incident using his Mobile Audio Video System (MAYS). Officer Ward #1243 Y TUSTIN POLICE 6EPARTMENT REPORT NARRATIVE CR#15 706.1 PG#2 Nelson noted them were several patrons, both inside and on the patio, and they were; smoking hookah and being attended to by workers. The "OPEN" sign was also still lit. Officer Nelson was unsure: if they w= serving alcohol. Officer Nelson noted that when the: workers spotted him, they immediately shut off the "OPEN" sign and began to frantically clean up. The footage is documented under MA VS 1 [3#267991. On 11-22-15, at approximately 2330 hours, Officer Nelson conducted a patrol check at the IVY Lounge & Grill. Officer Nelson told me he witnessed approximately 5-8 people inside .smoking and drinking. Officer Nelson did not witness any food being served. Officer Nelson stated they did not appear to be making any attempt to close. This last incident was not captured on NIAVS because Officer Nelson was sent on a call for service. I continually check IVY Lounge & Grill on Yelp.com. They openly advertise their hours on weekdays being open till midnight, and weekend nights they advertise being open till 0200 hours (See Attached). On 11-28-15, at approximately 2330 hours, Sergeant Cartwright and I drove to IVY Lounge & Grill to act as patrons. I immediately recognized the parking lot was fall and there were approximately 40 patrons at the restaurant. At 2345 hours we were seated on the patio outside. We were provided menus. At 0000 hours we were served two beers and were able to order food. The front patio contained 16 available seats, and the side patio contained 32 available seats for a total of 48 seats, in violation of Section 2.13 of the conditional use permit. A majority of the seats were full with patron actively drinking, eating, and smoking hookah. Inside there were two tables with 8 seats available. There were two groups of four people inside the restaurant. Both groups were eating, drinking, and smoking hookah. The rest of the tables and chairs had been moved outside to accommodate more patrons on the side patio. Our food arrived at 0012 hours in violation of Section 2.4. Ward #1243 TUSTIN POLICE DEPARTMENT REPORT NARRATIVE CR#1.5-70£1 PG#3 At 00I S hours, they began to play amplified music which a majority of the patrons began to sing out loud to. The music lasted until approximately 0200 hours. There wenn: no visible speakers outside, but the music could be clearly heard outside on the patio and well beyond. At 0037 hours, Sergeant Cartwright and I were served another two beers along with a hookah. The owner himself brought the beers and the hookah to us. At 0045 hours, I witnessed multiple patrons as well as employees smoking cigarettes at the outside tables. As we were being served the hookah I noticed an employee, who was later identified as "Mehran," taking two buckets of hot coals and shaking the excess burning embers into the public roadway of El Camino Real, in violation of CA Vehicle Code 23111. The buckets were placed, and remained, at the front door of the restaurant for the entirety of the night at times with flames reaching approximately 4-6 inches out of the top of the buckets. At approximately 0030 hours, a group of three was seated at the table next to us. A female in the group was highly intoxicated upon arrival, and bragged to the waiters and owner that she had consumed margaritas and an "Adios Motherfucker" prior to arrival. Despite her level of intoxication, she was served an additional three bottles of beer until her departure at approximately 0200 hours. At 0110 hours, the owner saw a Tustin Police vehicle drive by on El Camino Real and frantically went inside and turned the "OPEN" sign off. Although the "®PEN" sign was turned off, the owner and waiters continued to served food, alcohol, and hookahs to patrons. At 0118 hours, Sergeant Cartwright and I were served another two beers. At 0127 hours, I saw the owner still delivering food and alcohol to other patrons. At 0137 hours, I again witnessed both patron and employees smoking cigarettes on at the tables on the patio where food and drinks were being served. At 0210 hours, there we patrons still eating, drinking, and smoking hookah. Ward #1243 TUST1N POLICE DEPARTMENT REPORT NARRATIVE CR#15-7061 PG#4 At 0215 hours, Sergeant Cartwright was still drinking his beer, and the owner and waiter stood by white he finished the beer before collecting the empty bottle;. Sergeant Cartwright and I then paid and lett the restaurant at 0220 hours with approximately 6-7 people; remaining on the patio. There was a tall outdoor heater on the patio that was above the table umbrellas however each umbrella was less than a foot from the source of the heat. Our main waiter identified himself as "Ben.' The employee attending to the .coals was identified by another patron as "Mehran." I was unable to get the name of the owner, but he has identified himself to me as the owner on previous responses to noise complaints while I was in uniform and assigned to patrol. I request this report be forwarded to the City of Tustin Code Enforcement for further review. Ward #1243 'IV Y I Awngv 4% tarill w i' tut �� ....1 , 11 �1r tt`,c}:til l �i 1 TMJ �aa lmt�Ave.'!'u.�lth CA w ire... pag1�� i f•kulrloo r; 511-Urar»1 M, 0, »... ,. 1filo I%TIn. p' r ° °f-� a-r�crrr kw FI=.:r! Fr hsnt:a �� 7rdit °wrrztrs . ry�l d 4 u n 2,9 r! a$ Maditeiranean . 'tl�r1S!.' 1 fAfFiI 6�y� , •Y WN ! r' Cnm: T, 14001 Newport Ave tear Tustin, CA 82780 del Ttnechans (949) 381.15= "Pve been here only once and Pve Med the Persian pl' which was really pond "ir 1t twhrr• To Price range $11.30 "The employees kept changing our casts and kept asking ifwe needed anything." in 3 lomaw, Fork herov Oaim this businass "1 believe Sid made it for me, but both him and are masters at making hookah." aT : rwn! •roc Re.cC?iitlir intiled Ret+lathes Tnorchmoows Sort Py. Yelp $ort- E ngllsh (55) Your ft,,t h our tat1 aonmm. .-yo r 4zx Leam mem ' Start your review or IVY Lounge & Grill. r Ir Hours Select your rating Klan 1100 am -12,00 am Tue 11 00 am -12 00 am Wed 1100 am -12.00 am Hamoon A.Thu `' n I'' 11.00 am - 12 00 am Irvine, CA a.•.! Fri 11 00 am - 2 00 am 17, Best HOokah river Sat 11 00 am - 200 am )pen mow - Love this Place Sun 1100 am -1200 am Rest customersennce Odnt dense Coma Here And enjoy 1 Love To conte agalN More busin Takes Reservations Yes Delivery No Take-md Yes Costa Mese, CA Accepts Cred t Cards Yes c I ordered a tea and baklava they brought me the smalksst ► cup of tea and the smallest piece of bak'ave you've ever Bike Parking Yes seen I also ordered a hookah and it wee not good at all I Good far Kids No ordered melon but it was more Ike charcoal no Taste my friend order a garden salad and wascharged for chief salad Good fo r Groups Yes N ` AND, 5:4, N �- N j..,...,-..�..�W._.. � I � � �� �'.ry ry "1 I ...� ' .. _. ., ,_. J `,, � � � k � .. ,,. .. ,.-..�... ����� 'v. _ �., i keen, Baud From Southern California Edison KANA Customer Service <cfiphc@scecom> Sent Wednesday, December 09, 2015 8:44 AM Tw. Steen, Brad Subjel.- Re: Contact Us Form// (KMM5521159V78058LOKM) Confidential Information Dear Brad Steen: Thank you for visiting Southern California Edison's Web site. A service order to investigate the SCE pedestal has been issued to the field for the location you provided of: 14001 Newport Ave. Suite A Tustin CA 92780 Your SCE order reference number is District #29, Trouble Order #19429. If you have questions or need further assistance, please contact us atwww.sce.cgm&gntactUs or call our Customer Contact Center at 1-800-655-4555, which is available Monday through Friday 6:00am to 9:00pm, Saturday 8:00am to S:OOpm and closed on Sundays and Holidays. We appreciate the opportunity to serve you. Thank you. Sincerely, Ms. Lent Customer Contact Center Southern California Edison Original Message Follows: Requestor Information: First Name: ..................... Brad Last Name: ..................... Steen Account Number: ................ Street Address: .................. 300 Centennial Way City,State,2ip:..................Tustin, CA 92780 Phone Number: ..................... 714-573-3135 E-mail Address: ............ bsteen@tustinca.org Message: ................... It has been observed that the busines owner at 14001 Newport Avenue, Suite # A, Tustin, CA 92780 has recently had hot coals In a container, on the electrical utility box concrete pedestial a,ong E: Camino Rea; for use in hookahs on the patio. WOOMM, SPRADLIN & Sir A P r o I a s s o n a 1 Corp o r a t i o n January 7, 2016 .A FIRST CLASS IMiAT. Vahid Adam Khoshbakht 13901 Yorba Street #25 Tustin, CA 92780 BL MM BOBAK DIUCT MAI:. (714) 4 ;5-1053 17 VCr FAX (7:4) 415-,153 &-MAIL: L30BA'K@WM-1.AW.CCM Re: Ivy Lounge & Gr1 H --1:4001 Newport Avenue, Su to A Dear Mr. Khoshbakht: This office serves as City Attorney for the City of Tustin. It is our understanding that you are the owner and operator of the Ivy Lounge & Grill. It is our further undeasta-A* that the business is not being operated in compliance with the conditions you agreed to when the City approved your 'business. The purpose of this letter is to request that you immediately comply - and continue to comply - with all of the conditions of approval to which you agreed. If the Ivy Lounge & Grill does not immediately begin full and complete compliance with the conditions of approval, City Staff will schedule a hearing before the Tustin Planning Commission seeking revocation of the City issued approvals. The City will also request that the California. Department of Alcoholic Beverage Control revoke the state liquor license for the restaurant, Revocation of either or both of these approvals would prohibit you from continuing to sell beer and wine for on-site consumption at the Ivy Lounge & GrilI and from operating an outdoor seating area. On April 25, 2015, the Tustin Planning Commission adopted Resolution 4281, which approved Conditional Use Permit 2015-05 .and Design Review 2015-005. Collectively, the CIDP and Design Review authorized the Ivy Lounge & Grill to operate an outdoor seating area and to sell beer and wine for on-site consumption (after issuance of an appropriate license by the State). The Resolution contained a number of operating conditions. You expressly agreed to comply with all of those conditions when you signed an "Agreement to Conditions Imposed" on May 8, 2015. Condition 2.4 requires that all outdoor operations stop no later than 11:00 p.m. every night of the week. ' The interior of the restaurant is permitted to remain open until midnight on weekends, but must close no later than 11:00 p.m, on weeknights. Condition 2.9 re4uires that the restaurant comply with Tustin's noise ordinance, and condition 2.10 prohibits live or amplified music. Condition 2.13 limits the number of outdoor seats to 32. Almost immediately after operation of the outdoor seating area began, the Tustin Police Department began to receive noise complaints. These complaints were .made after 11:00 at 55 At'POTti 9OMZV AM, SU1'M 1200 COSTA \4FSA, CA 92526 7570 -][714)553-700U 1 PAX (714 835-7787 WWW )VSS-L4W COM 1 1_'•3644.1 January 7, 2016 Page 2 night, and sometimes well after midnight. The complaints demonstrate that the outdoor seating area of the restaurant is operated after 11:00 pan., and that the interior of the restaurant is often kept open past the required closing tines, in violation of Condition 2.4. Subsequent observations by members of the Tustin Police Department on routine patrol within the City demonstrate that both the outdoor and indoor portions of the restaurant are .often open well past the required closing times. When City Staff investigated the noise complaints, it was discovered that speakers for amplified music had been installed outside the restaurant. It was also determined that there were more than 32 seats in the outdoor patio area. While we understand that the speakers have now been removed, we also understand that the front door of the restaurant is often left open so that music from inside the restaurant can be heard in the patio area, We also understand that the restaurant hosts live music and DJ's. For example, the restaurant's Facebook page advertised live music on December 18, 2015. Music that can be heard outside the restaurant likely violates Condition 2.9. On August 11, 2015, City Staff issued you a written `Tre-Citation Notice" advising you of the violations and warning that any further violations of the conditions of approval would result in the issuance of an administrative citation. Despite this written warning, on October 2, 2015, a Tustin Police Officer responding to a noise complaint observed approximately 20-30 patrons in the outdoor seating area at 11:45 at night, and heard loud music coming from inside the restaurant through the open front doors. On October 3, 2015 a Tustin Police Officer on routine patrol observed several patrons inside the restaurant and in the patio area at 1:35 aan. As a result of these violations of conditions 2.4, 2.9 and 2.10, an Administrative Citation — Citation No. 001158 — was issued on October 6, 2015. Unfortunately, it does not appear that the written warning and formal Administrative Citation have resulted in compliance with the conditions of approval. Patrol checks by the Tustin Police Department have documented numerous violations of Condition 2.4. For example, there is video evidence of patrons using the outdoor seating area at 11:35 pm, on November 12, 2015, at 12:40 a.m. on November 21, 2015, at 12:17 amL on November 22, 2015. There is also evidence that food and alcohol were served in the outdoor seating area well after midnight on November 28, 2015. Music that could be heard outside the restaurant continued until approximately 2:00 a.m. At that same time, there were a total of 48 seats in the patio area —16 in the front patio area and 32 in the side patio area. I have not attempted to provide an exhaustive list of the dates and times of the violations, or even the nature of all of the violations. The .foregoing examples are intended only to demonstrate an ongoing and apparently routine pattern of violations of the conditions of approval. The City of Tustin strives to create a business friendly environment. But that requires -hat all business owners and operators respect the rules, abide by established conditions of 3644 January 7, 2016 Page 3 approval, and be courteous of their neighbors. The City issued you a permit to operate your business. You agreed to the reasonable- conditions of approval imposed by the City -- conditions that are similar to conditions imposed on other similar businesses in the City. But there is significant evidence that you are not complying with those conditions. Please be advised that City representatives will be monitoring your business operations for the foreseeable future. if there are any further violations of the conditions of approval in Resolution 4281, City Staff will schedule a public hearing and request that the Planning Commission revoke CUP 2015-05 and Design Review 2015-005. At the same time, the City will request that the California Department of Alcoholic Beverage Control revoke the Type 41 ABC License for the Ivy Lounge & Grill (License No. 556263, expiration date 6/30/2016). For your convenience, I am attaching a copy of Resolution 4281 and the conditional of approval If you have any questions as the meaning of any of the conditions, please contact Justine. Willkom, Assistant Director of Planning in the Tustin Community Development Department. Ms. Willkom can be reached at 714-573-3115. We mope that revocation proceedings do not become necessary, and that you instead fully comply with the conditions of approval and that the Ivy Lounge & Grill continues to prosper as a valued member of the Tustin business community. Very truly yours, WOODRUFF, SPRADLIN & SMART A Professional Corporation A. . LOIS BOBAx cc: Elizabeth Binsaak, Community Development Director Justina Willkom, Assistant Director, Planning Dan Hart, California Department of Alcoholic Beverage Control Ivy Lounge & Grill clo Vahid Adam Khoshbakht 14001 ?Newport Avenue, Unit A, Tustin CA 92780 __. ..------ i �_ .__ __ , '.� i ti � i Steen, B rac] From: Cartwright, Jon Sent Thursday, March 24, 2016 3:27 PM To: Steen, Brad Subject: FW: Attachments: 20160323_182648.mp4 Brad, Yesterday I saw an employee dump burning coals near the high voltage electrical box west of Ivry lounge. i took photos and attached is the video. They are cooking coals to the rear of the high voltage, i wrote a supplemental report and attached pictures. I thought you might like this video. Jon pix.comrmallto:mmix-COMI Sent: Thursday, March 24, 2016 3:20 PM To., Cartwright, Jon Subject: a �., � �N �. �, �s; �ii��,�l, �� Steen, 37st' From: Southern California Edison KANA Customer Service <cfiphc@sce com> sent Thursday, April 07,2016 1:51 PM 7b.- Steen, Brad subgec-t Re: Contact Us Form// (KMMS60870OV62202LOKM) Confidential Information Dear Brad Steen: Thank you for visiting Southern California Edison's Web site. A service order has been issued to the field for the location you provided of 14001 Newport Ave. Ste. A Tustin CA 92780 hot coals on SCE pedestal Your SCE order reference number Is District #29, Trouble Order #29576. If you have any questions or need further assistance on this matter, please contact us by e-mail at www.sce.com/pontacttj or call our Customer Contact Center at 1-800-990-7788. For your convenience, representatives are available to assist you Monday through Friday from 6:00 a.m. to 7:00 p.m. and on Saturday from 8:00 a.m. to 5:00 p.m., excluding holidays. We appreciate the opportunity to serve you. Thank you. Sincerely, Ms. Lent Customer Contact Center Southern California Edison Original Message Follows: Requestor Information: First Name: ..................... Brad Last Name: .......... . ......... Steen Account Number: ................ Street Address: ................. 300 Centennia Way City,State,Zip:..................Tustin, CA 92780 Phone Number......................714-573-3135 E-mail Address: ............ bsteen@tustinca.org Message: ................... It has been observed that the business owner at 14001 Newport Avenue, Suite # A, Tustin, CA 92780 has recently had hot coals in a container, on the electrical utility box concrete pedestal along EI Camino Real for use in hookahs on the patio. This activity was previously reported to So. Cal. Edison on 12/9/15 and this behavior continues to occur. Recent photos of this activity are available if needed. w L. NO UMNWIM �' P TU87IN POLICE DEPARTMENT AOACRVR 4 Old la No IRo61110t1TION018Diflp U INSURA S REPORT 300 OENTENNIAL WAY 1801weaENDED D COUMSY REPORT , ���, CA 92780 BOREDOM REDOM RDCOURT88Y Ito /061 I� 9W8NM1OYl11pTE0 O a OHRT. 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Narrative: On 02-04-16, at approximately 2330 hours, I was driving an uaimarked police vehicle, wearing plain clothes, in the area of Newport Ave. and El Camino Real. I drove by the IVY Lounge & Grill and made the following observations: I noticed approurl 20 patrons seated inside the business, smoking hookah and drbnking. The staff was continually attending to their needs. The "OPEN" sign was still illumtinated. The parking lot was also full of vehicles. 02-04-16 was a Thursday night and the business should have been closed by 2300 hours. I did not observe any loud noise that could be heard in the street. On 02-06-16, at approximately 0100 hours, I was driving an unmarked police vehicle, wearing plain clothes, in the area of Newport Ave. and El Camino Real. I drove by the IVY Lounge & Grill and made the following observations: I noticed approximately 40 patrons both inside and out on the patio. The patrons were smoking hookah, eating, and drinking. The staff was continually attending to their needs. The "OPEN" sign was again left on well after hours. 02-06-16 was the and of a Friday night into Saturday morning and should have been closed by midnight (0000 hours). The parking lot was full of vehicles. I did not hear any loud music, however the talking between patrons could be heard in the street. On 02-10-16, at approximately 0010 hours, I was driving an unmarked police vehicle, wearing plain clothes, in the area of Newport Ave. and El Camino Real. I drove by the IVY Lounge & Grill and made the following observations: I observed 6 patrons outside smoking hookah and drinking. There were an additional 12 patrons inside smoking hookah and drinking. The "OPEN" sign had been turned off, however the staff was still attending to the needs of the patrons and continued to do so for the next 20 minutes. 02-10-16 was the end of a Tuesday night into Wednesday morning and the business should have been closed by 2300 hours. The parking lot was full of vehicles. I did not observe any loud noise that ,could be heard in the street. Ward #1243 TUSTIN ODi10E DEPARTMENT REPORT NARRATIVE CR#16-1001 PG#2 On 03-23-162 at approximately 1820 hours, Sergeant Cartwright observed several burning containers behind the electrical box located at 14001 Newport Ave. See Sergeant Cartwright's supplemental report for further details. On 04-07-169 at approximately 1730 hours, I was walking eastbound on the south curb of El Camino Real in Tustin. Behind the electrical box located at 14001 Newport Ave., IVY Lounge & Grill, I saw two metal canisters. One canister was dormant, while the other sax atop a heat source in order to heat coal. I observed #lames emitting from the canister approximately 3 feet from the electrical box. ]Detective Ramirez took a photo and recorded video of the incident. I attached a copy of the photo to this report and send the video to Code Enforcement Officer Brad Steen. On 04-07-160, at approxsrnately 2321 hours, Officer Cossack conducted a patrol check of IVY Lounge & Grill. Officer Cossack noticed the "OPEW, sign was still on and there were approximately 20 patrons being actively served by the staff both on the patio and inside. dicer Cossack later told ane the patrons were smoking hookah both indoors and outdoors, as well as being served food and beverages. The incident was captured on his Mobile Audio Video System (MAVS) with a MAVS ID#287258. Later that night on 04-08-16, at approximately 0014 hours, Officer Cossack again conducted a patrol check of IVY Lounge & Grill. Officer Cossack noted the "OPEN" sign had been turned off. 'There appeared to be approximately 3 people inside the restaurant being attended to and still several cars in the parking lot, The incident was captured on his MAVS with the IID{# 287260. On 04-09-16, at approximately 0118 hours, Officer Cossack conducted a patrol check of IVY Lounge & Grill. Officer Cossack noticed the "OPIN' sign was still on and approximately 10 patrons were being attended to on the patio. The patrons were smoking hookah and being served beverages. The incident was captured on his MAVS with the ID# 287424. On 04-17-16, at approximately 0023 hours, Officer Cossack conducted a patrol check of IVY Lounge & Q ll. Officer Cossack noticed the "OPEN' sign was SO on and there were approximately 30-40 patrons both inside and outside on the patio. The patrons were being attended to by staff and being served hookah, food, Ward #1243 TUSTI NJ POLICE DEPARTMENT REPORT NARRATIVE CR#16-1001 PG#3 and beverages. Officer Cossack later told me the inside patrons were also smoking hookah. The incident was captured on his MIAVS with the ID# 288616. On 04 20-16, at approximately 1900 hours, I was walking eastbound on the south curb of El Camino Real. Behind the electrical box located at 14001 Newport Ave., IVY Lange & Grill, I noticed a cinder block wall had been constructed between the electrical box and the wall of the restaurant. The wall wasapproximately 3 feet high and shaped hike an "L." Behind the cinder block wall I saw two metal buckets with burning coals inside. Both buckets had active flames which reached approximately 3-4 inches outside the buckets. I took photos of the wall and buckets and attached than to this report. I also took a video which was emailed to Code Enforceaaent Officer Brad Stem. On 04-21-16, at approximately 2334 hours, Officer Cossack conducted a patrol check of IVY Lounge & Grill. Officer Cossack noticed the "OPEN" sign was still on and there were approximately 20 patrons both inside and out on the patio. The patrons were being attended to by staff and being served hookah and beverages. The incident was captured on his M[AVS with the ID#289302. On 04-23-16, at approximately 0116 hours, Officer Cossack conducted a patrol check of IVY Lounge & Grill. Officer Cossack noticed the "OPEN" sign was still on and there were approximately 50 patrons both inside and out on the patio. The patrons were being attended to by the staff and being served hookah, food, and beverages. The incident was captured on his MAV with the EM89492. On 04-24-16, at approximately 0129 hours, Officer Cossack conducted a patrol check of IVY Lounge & Grill. Officer Cossack noticed the "OPEN" sign was still on and there were approximately 15 patrons inside. The patrons were being attended to by the staff and being served beverages and hookah. The incident was captured on his MAVS with the ID#289648. Additionally, Officer Cossack mentioned he had to black out his vehicle and zoom in the camera to get video. He stated if they noticed his marked police vehicle in the area, the owner, or staff members, would turn the "OPEN" sign off and make it appear they were closing while still serving patrons. Ward #1243 TUSTIN POLICE DEPARTMENT REPORT NARRAWE OR#16-1003 P1G#4 I request this report be seat to the City of Tustin Code Enforceaieut for further review. Ward #1243 TUST7''` POLICE DEPARTMEMT SUPP?LEHffik,,77 AL REPORT CIS 18-1001 On March 23, 2018 at 1820 hours, i was working a plain clothes assignment, driving an unmarked vehicle. I was accompanied by Det Ramirez as we drove east on EI Camino Real towards Newport Av. I save a male subject exit the outside patio of Ivy Lounge and Grill, located at 14001 Newport Av. Suite A. The subject was carrying a metal bucket that emitted smoke. The subject walked towards a green high voltage box on the west side of the business and dumped the contends of the bucket on the backside of the box In the dirk. I Know this business to sell hookah and the buckets contain smoldering lemon wood coals to fuel the hookah. I parked my vehicle In a remote location and we walked to where the subject dumped the coals. i saw two cylindrical metal canisters atop portable heat sources. Both canisters were smoldering and flames emitted from the top of one. The canister that had flames coming out of the top was closest to the high voltage box. i estimated it was less than one foot away. I took photographs of the canisters as well as video. There were smoldering embers on the ground where I sawn the subject dump the hot coals. There were ashes on the ground that appeared to be old. There was a black plastic tub that contained black coals. It appears this area is where employees heat up coals for hookah and dump out the old ones. I attached the photographs to the report and sent the video to Code Enforcement Officer Brad Steen. Sgt. J. Cartwright #718 Tustin Police Department t t am! . iv�At•lM . . . T��STi�v - r�ARRAT VE/SUP�' Eo);�� .-fit l til i If �_......_...... •• F,um%taa z,hri. PriLICE DEPAR71WENT 1Viva .il, i vtll1'4l .......�...� f, A• i J,�• ..! 14111 14lglt � , lf�'i1 ,,..+�••• v+ ,p....•r•� 4 itllf 4 R iL (r U1f'tt : J a nD'r l . 9VJl. :slr;ra •,,. .. +.-... ,. ,�. a77`YY.�! iYA Ya Y2 L`91Y 404 111 » y,..y.... ,..-_~ Y1 f„hAI'.7l1 1`uBi .••. L ri 1917T1t*'S�'lj��"j`a Jliil yrlA�/ii.''• �.�.y..•+»+.•.. ••.•..' .•. 15 m1ral.10 as „��;t��trc�inRr,of>r�a�►r�n>A Ftrr�tr>rnY. d1U Ll$n.u(""NMI.Fa1AuIlDt P)It' 3713 SYNOPSIS MUIRED ON ALL PART 1 OFFENSES. !WrIl)PykS MMlrMt& t)F1HE t,'vlw IPtCI iml Min IYPF SUSPI:Ci MR MHO IID7ATT66t)BSCRIPTIDNY8YN0l IS: .. ...- �..� e _._ F,.., . ,_ ....._.. •- �� . .......� TT: ATTN: DATA ENTRY CLERK - ENTER DESCRIPTIONS OF SCARS, MARKS.TATTOOS FROM SUSPECT PAGE. -- --- ----- - .22' 4EPJ)NT!Nt3QFRMR,lD rPQ,704M V5197 24 A.PJMi6VEO8V 10.'X1. WTTO BE DUPLICATED, COPIES! R FURMHED to tiny other person of Wazcy except as prove a by aw without the express permission of than roomed to the Depaament upon demand r( v TUS IN POLICE DEPARTMENT q.,PP`M E I'A'l- SUPPLEMENTAL NARRATIVE CR#16-1001 PG#1 On 05-31-1 , at approximately 1100 hours, I received a notification from the records department at TPD, of a discrepancy in CR#16-1001. In my report incorrectly listed a M1AVS I13##287424. The correct MAYS ID# is 287420. There is also another MAVD ID#287418 that was not listed in my original report. It depicts the same violation within minutes of another recorded patrol check. I request this report be forwarded to Code Enforcement for further review. Ward #1243 XCrro�al; cATEa opM, 9? nRMS CD to any other Pe, -son q agency except as Provided by kw without the express FixMission oft* Tustin Police DCP'UtM nt and is to be tetumed to the Dep scat u,p.V LL.. _.�.. � - � � �� �-�� a �, a � hh �' TUSTIN POLICE DEPARTMENT n ni:T1V16 NO 110 OVOUTION F� �� ,� -mv, NI: ORT d11,1N ` :300 CENTENNLIL WAY (ILIRI FIEP o ?}�n�ulo iN ►, '� �`� TU8T�1�1t �:1� :2790 R aSFC,l11iD11 !S GtiiiRTE:;Y �" +e?1 BIAS MOTR/ATEA' �,' t5 GANGITE3ATEA r Cd iN)lE/6NCiDEIUT1REPDRT _ J- )T. _ _ _ .. . _,Wl•ist0131tivapm)" ULNTIAL F71•CRIME )P001110 EV.WAMM 180. Ut-a dDA "41.,rF'1f1 tAx'iPAi"Ilr IA r'" nI4UtVMI1f1.Glnf/r: n'.{rMV1aAf1Y 4;TfIL'17't mS71'Y1ini.auuais: ilall}tF:lFCaJI7I,11'- 1: ld7,a"3I'IC1 W:AJJI2N LSF LiitM1', 7J VAII t71 7!�d1Ci ? 3t , ).b1E . . d.. Vola{' �i1i't'IWi1110'• .�'-.. A ........_._.._.. _..� _....._ �a _..,....,_ _ , .. ... _ ..... _ .,-._... ...., - •... _LYIWTV94 •_....._ 17 1 SFi7.t t1AL11. 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Of IICTN8EI SO 9TATF X YEAR)0 MARE M MODEL O2 0 UNK 2 4.OR I PfU 8 VAN 8 RV 10 OTHER ODY SSTY� �+^-'�^�� ,..F___. ^ .•_- 1 2.Ofl 8 COWb TRUCK 7 SAN 9 fB/C (� 8O COlORfCOLOR 74 U7HER CHARAC'fFRUfTICB VEHICLE TSPOSITIONO- MAVS BOOK MARKED AS EVIDENCE RETENTION PERIOD YES NO YES NO 5 YEARS PERMANENT yo 1 THERE 1S A WITNESS TO THE CRIME 2 A SUSPECT WAS ARRESTED o 91 1 FINGERPRINTS 2 TOOLS U1 2 99 1. ORDER SERVED AT SCENE BY : f! P4 3 A SUSPECT WAS NAMED 3 TOOL YARKtNGS C� 4 A SUSPECT CAN BE LOCATED 4 GLASS ENTRYMADE BY PR 0 A SUSPECT CAN BE DESCRIBED BPAINT 9.flAMEOFPERSONBERVED: 8 A SUSPECT CAN BE TIENTIFIED 5 BULLET CASING 7 A SUSPECT VEHICLE CAN BE IDENTIFIED 9 THERE IS MENTIMABLE STOLEN PROPERTY U W ? BULLET 8 RAPE K.T 9 SEMEN ,S D 4. VESPONDENT SIGNATURE: 10— U 3 THERE iS A S1GWFZANT `d.0. . 8 OL1300 1'00 CSIPERFORMEDBY' 0SiGNIFICANITP�iYSICALEVIDENCE ISPRESEYT 1�yy 11 ..R`NE IFIRE 117 HEREiSAMAJOR WJURY/SEXCRYM SEINVOLVED ARMS ` Aa AE$ PN 2THERE IS A GOOD POSSIBIUTY OF A SOLUTION 4 PHOTOGRAPHS 3 FURTHER INVESfIGAl 0'4 NEEDED - 5 OTHER MESCR BE) U NOTES: '4 CRIME iS GANG RELATED - `5 TOTAL LOSS / DOLLAR AMOUNT 51YATE CRIME RELATED S REPP.000CTNE HEALTH CX0AE PERV 90A AT SCCFI.VEM��,.r�-NAMM`E �":D'VO..! 2 dAPSY'S LAW NOT;FIC.ATION '-t UNIT xtIMBER Sat— C •�^�t Gp— 1: y,(/� Of- caR,1y��;.uic. S CATE 'n5 APPPGUF-D aY r tO NO. ,, CATE "75-1-1 tPE,Pry:R'TY(i �(� WAIVSI �i'i E t✓�! ./� + ��� � 1 F .I 1' f 10 H 11TITM111L•11 I POINT OFI-.NIAY 71 HROPETI7YfAI°FAt:Rt.V 1 TRAOf,MAt1I(41 SUSINF'C."1 t:Kk) 1 111)M QU I C&'.HNt)1 1i Qtl7 «tJt)PL•Ca{' ), ACTIONS _a_ •. 4 i .- – - 4 . USP . PIIE7 TO B{. 6 tifA4Jlt/,AVLt/AFI '11CA11 ;l�Lt11H1',i/1UI! IIJk•MANWU.MUNI.Y q70 IC.OMINGUM-I.iNIVI:Y 017 :141Df :td'f1NOtiMA1I.1 GU01fi� FLYANCt.r;FlLUiTt.ITI q INI'ilt:?1114N,ittlkSli : t;111iY1{:i.i[SVi 2lVlkl •t %,;NJR ) 37i IEA1dMfi I I'U,IEU) IVC IN too I 1111.13VLi 111 V011XIN 'e1xRN1>E)W 'i t'J1)IJ!11 L <iC rM. 3 CLiANI`I N.iAJ1L5Y01iY . + 4 W BUCK VIII IM 4 IJIGAUU413 MOTOIII;t t,',11UINC; ttLA. 'F F1tX11 t, 3t WI' I t1 f 4t11N;7HUt.71t1N:;Ilt. ;IIAlkyH:Ni t !+A1ARMUIt&fU1LiD-lu;ItJNK 1 f iilElaTt) 5 THEATit)i 1111)01° IP A1IJAIN 0 LUPLOYI LA M1'I.OYI-FI 6 FALIT I (JUMN. q [111I( )I A t11•f l FI NT 1 Afl!/DIIANK 4 I AI If M151.8 / EJ UENumnAlMr 91V MO/CAMI-.11A 7t)AIIti]A]JI+N 14'WALL SULINUF'OIDEUYit;{IM 8311ANJUItaeD BHUTT11Mt)rFl. i III)IIt:I FNf IOMkiI:FLtANFf)Ui IriXJNF1/OA(1t7117 4NEEpP O 9DFIjT4)k;t'.OUNf RfIIRk ( %: L 11 IINKNfMN OR AT liuHrtnR a0t'019� t 11 BUILDING 1:OI111.71 10tU{N/ J7/1T! QOD[k! mrim LCAri1>muNmr, 111IENIF 11JCWI.UIYSfOIIE 34 WIUUND Lim L. 1?OIL111017LDVICTIMTULLY 1:HkP !b UPPFf1 t.t1/E1 7. DISROBED VICTIM PARTIAL LY I 13 E OI ILLICITAOCIDR 12 LJUUUIi S)ORF ' 18 UNKNOWN 1 SEX CRI O Y �.. 12 I a 79P1it7fO:fIAND r—^ 131,11FDWCAPON 4SALLSPERSON 1/OTHER IMM ED ED 140UNVTNILNCESTOII, n UNKNpWN 8 CI 7HUSPF.{:TCI.MA M QDS 1410HCFDVIC70MOVE 1b SEEKASSISIANCF I 1bRtSTAUI4INT 3VIC71MRDIINWIIED 1b10110EDVICWTOVEHIOLL 188EEKDIHECTMNS 16SUP1 RMARKI T MRFfHOD OF ENTRY 9 4 VICTIM INJURED { 16 HAA BEEN DRINKING I7 SrMNG SOME ONI, 17WIIUWIO 1901ORCEUS10 gOFi 'vCO/inc CE. I 1/ INDICATION MULTI SUBPTCT$ 18 SOLICIT FUNDS IS AUTO PA117S V WINDOW SMASHED O PHM 18 KNEW L.00. OF HIDDEN ITEMS 18 OTHER 3 AT TEMPT ONLY 19 BICYCLE SA1 F S j i VICTF D LUSP 18 MADF THREATB 20CAH/MOIORGYCLLSALI8 i 411001LYFOltt 20 PLACEDPROFERTY WART b HOl l GYJ7 / PI MRS 8 �ATEFI NC 21 Cl 07HINO STOHC 8 RAl (<AFIEItIN PREPARED EXIT 9 T:I IANNEL tOCK/PIPF 22 HARDWARE WRENCHANCE OHIPS i OR.IEPD RANSACKCD 23 MEDICAL I SAW/DI IiN 10 SO29 RIPPEDA)UT CLOTHING E4 OFFICC BUILDING + B R IISUMMR LEWD 24 SHUT OFF POWER 26 SHOE STORE ; 9 TIRE PERVERTED ACT 26 SMOKED ON PREMISES P LSEC e 26 WAMIlDUSL 1O UNK PRY � 18 FNSERTED FINGFR INTO VAt11NA 98 SEARCHED VICTIM 1 AUDIBLE ALARM q12 27 OTHER 11 GOAT} RWIRE I3FORCEOVICTOFONULLSUSP 27 SUSPECT ARMED 281ANTAIAAM I t 2 KEY P SHIM 14 SUBP FONDLED VICTIM 28 THREATENED RETALIATION 3 PRIVATE SECURITY PATROL 31 CH Ib MA87UNBAT ED BEL { 211 TOOK ONLY CONSUMABLES + 4 000 RESIDENCE 14 REMOVE LOUVERS I Ili OTHER I 30 TOOK VIC7'IM/8 VEHICLE S STANDARD LOCKS t 28 APARTMENT Qp3 k lb URICKIROCK f 31 TORTURED 8 AUXI 29 CONDOMINIUM 1S HID IN SUILDING BURGLARY ONLY 13 I 1 /WALKED IN � UNDER INFLUENCE DRUGS lD 0 W OWB, ETC) 30 DUPLEX/FDURP ''8 MEMBER OF NEIGH WATCH? Q09 38 USED DEMAND NOTE 7 WIND GRILLS 8 UNKNOWN 01 YES 02 NO BOLJT8 0 NO ON 1 31�A ED 19 OTHER 34USEDLOOKOUT 32 CFILD 0 MEMBER OF ON?RM ET1TI 7 35 USED DRIVER 91N E LIGHTING ON + 98 HOU YES 04 O 36 USED MATCH/CANDLE GARAGE DOOR LOCKED 34 M i E FNEERFJ3TED N H H? 71 OBSCURED INTERIOR VIEW Ofi YE8 8 NO 87 USED VICTIM'S NAME 86 VEHICLE ENTRY 10 HAD NOM BU% PECTION? 3SUSED VICTIM'S ,+COMME RCIAL MUSINESS) 1 DOORAOCK FORCED 1 206 " 07 ,� 08 NO 3UITCASEIPILLOWCASE 12 SECURITY SIGNING a 1113LsG 2 TRUNK FORCED , WHEN!? 89 USED VICTIMS TOOLS {N.W. ALARM ETC.) 38 CHURCH X03 4 VMO 40 VEH NEEDED TO REMOVE 1s UNKNOWN 97 HOSPTI7IL PROPERTY 14 OTHER 38 PARK/PLAYGRO 8 WIND 41 CUT/DISCONNECTED PHONE 38 PARKIN LOT BUNLOC 7 UN WN 42 CASED LOCATION BEFORE CRIME 40 P C ING y 48 FOLLOWED/STA VICTIM 41 H` 44 OTHER �42 SH PI ' M 48 RE F/HWY/ALLEY Llf'7'!m. [prisms t: _ nnv.=m it +nnr ehye+c nki, v OTHER 46 CAMPER 1003 46 MOTOR HOME 47 PASSENGER C t8 PICT �P 9R ZoTRUCK 51 VAN -20 ER PHYSICAL CONDITION 1 UVDER INFL. ALCOHOL/ DRUGS 2 StCK/WJURED 3 SENIOR C'-9EN 4BLIND b HANDICAPPED 6 DEAF 7 MUTE Z MENTALLY/E,NOTIONA LLY MPAIRED 90THFR RELATIONSHIP TO SUSPECT IHUSBAND 21NIFE MOTHER AG 5 B DAUGHTER 6 SON 7 BROTHER z1h, 6 SISTER l _ 10 '12 BOYFRIEND 13'3 RLFRIENO 1 NEIGHBOR 5 BUS NESS ASSOC E 1B STRANGER 17 J KNOWN 18 MARIIALSMTUS CH4 1 SINGLE 2 MARMED 3'] VORCED 4 SEPARATED 5ANNULLED 9+00MMON LAW 7 '00N.ER) _NKNOWN 'OTHER 015 TUSTIN POLICE DEPARTMENT REPORT NARRATIVE CR#16-2987 PG#1 Synopsis: An undercover operation was conducted at IVY Lounge & Grill at the direction of Code Enforcement to find any CUP and/or ABC violations. NarratWep On 04-29-16, at approximately 2330 hours, I was working a plain clothes detail at IVY Lounge & Grill located at 14001 Newport Ave. Ste A. With me during the operation was Sergeant Cartwright and Officer Jankowski. Sergeant Cartwright and Officer Jankowski were also wearing plain clothes. We arrived at 2330 hours and were sat on the patio outside the restaurant. Outside there were 44 available seats, with approximately 30 patrons. Inside there were 40 available seats with 32 patrons. The staff was serving food, beverages, and hookah both inside and out. At the time of our arrival there were five separate tables inside actively smoking hookah and drinking. From the time we arrived until 0110 hours, the staff were still accepting new patrons and seating them both inside and out. At 2345 hours, Sergeant Cartwright, Officer Jankowski, and I ordered alcoholic beverages and food. At 0005 hours, we ordered more alcoholic beverages and a hookah. At 0027 hours, a group of five males arrived and were seated outside and given menus. There were later served food and hookah. At 0048 hours, another group of four females and one male were seated inside and ,riven beverages and hookah. Al 0100 hours, another group of five males arrived and were seated outside. There were also served food and hookah. At 0115 hours, I counted 35 patrons inside at 7 separate tables. Each table had at east one hookah. Na rd #1243 TUSTIN POLICE DEPARTMENT REPORT NARRATIVE CR#1f-298i PG#2 At 0124 flours, the owner tamed the "OPEN" sign off. Throughout the course of the evening we were served several alcoholic beverages. We were allowed order our last round of alcohol and continued to drink them until 0211 hours. At 0211 fours, while leaving, we witnessed two males who were trying to fight each other in the parking lot. The two males were separated by other patrons. We were unable to figure out what they were fighting over because they were yelling at each other in a foreign language. I request this report be forwarded to the City of Tustin Code Enforcement for further review. I also request a copy of this report be forwarded to the Alcoholic Beverage Control (ABC) for further review. and 41243 LLJS LvLl ' Co-mmunity Development Department May 9, 2016 Mr. Vahid Adamkhoshbakht Ivy lounge and Grill 14001 Newport Avenue, Unit A Tustin, CA 92780 ,--'I"U S IN BUILDING OUR FUTURE HONORING OUR PAST SUBJECT: REVOCATION OF CUP 20IS-0'S FOR ON-SITE BEER AND WINE SALES (ABC LICENSE TYPE 41) AND OR 2015-005 (OUTDOOR SEATING) AT IVY LOUNGE, 14001 NEWPORT AVENUE, UNIT A, TUSTIN Dear Mr. Adamkhoshbakht: On January 7, 2016, the Tustin City Attorney wrote to inform you that the operation of the business at 14001 Newport Avenue, Unit A, Tustin (Ivy Lounge) was being conducted in violation of the conditions of approval for Conditional Use Permit (CUP) 2015-05 (authorizing on-site beer and wine sales) and Design Review (DR) 2015-005 (authorizing outdoor restaurant seating). At that time, the City Attorney requested that you to immediately correct the violations and cease operating in a manner contrary to CUP 2015-05 and DR 2015-005, and the Tustin City Code. Since that time, City of Tustin staff have documented numerous occasions when the business has repeatedly and continually operated in violation of CUP 2015-05, DR 2015-005, and the Tustin City Code. The Tustin Planning Commission will hold a hearing to consider staff's recommendation that CUP 2015-05 and DR 2035-005 be revoked. The recommendation will be forwarded to the Tustin City Council for final consideration and action. Staff has scheduled the matter for hearing on lune 14, 2016, at 7:00 pm. A staff report will be available to you 72 hours prior to the hearing. Please contact me at (714) 573-3106, if you have any questions regarding this matter. Sincerely, t�'." "-sp- d Dana L. Ogdon. AIC Assistant Director cc: Samantha Beier, Assistant Planner Brad Steen, Code Enforcement Dana: Ltr. ivy Lounge 10O (c • F: ii 1 �7i iI 1; • ww;trarnca.nr;iyR, ")( 4 s 6_4` � w k f� l Olk Oki, 0 1 77A w7, M 7:4 L MTW Tw op ;" - I I k a �r f d{� �• .. am a.ma� .. �.. . `-^ - � nr' M � .. y .:.: w. 3. C $moimC 4 -t 5 z aur as is . . '�3ffi V"e' WIN 2 i 1@' mow W A 4'➢u:gR M r .; ,.r.,.. h� ' '� imdC� �t �k�f -•' � � � t� � � � � � � � Wall ' 1 t. r+Q�yt.� � � � � ■ � Vii.. � � 6,'b� -, t $ jam'' le 7R 4 � 4 I+yQ� ° � �• , ,y irr�� 6�R1Mb1 fr 1R a e k a �r f d{� �• .. am a.ma� .. �.. . `-^ - � nr' M � .. y .:.: w. 3. m r ,� � � _ k y � 9 d� � ';. v ' s G c8ols For service Report y Generated by 1120 on 5/29/2016 Search Drft&: Qty: TU I Time Range: 04/29/15 00:01- 05/29/16 23:59 1 Agency: F,P I Address: 14001 NEWPORT AV #A [_. _ IncidentDate Time iyp e id0 U:zh ®IspoLocation 5T00023M P 06125/15 02:44:50 415E LOUD MUSIC 310 05 14001 NEWPORT AV #A SM0024239 P 0613_OM5 2ZW..OB , 415E LOUD MUSIC 310 05 14001 NEWPORT" #A 5TU0032676 P 07/17115 23:2919 415E LOUD MUSIC $12 05 14001 NEWPORT AV #A 600033919 P 07/28/15 01:17:42 415E LOUD MUSIC 713 05 14001 NEWPORT AV #A } 5T00034438 P 07/29115 11-00:30 488B PETTY THEFT BIKE C4 03 14001 NEWPORT" #A STU0034843 P 08101115 02:1823 PC PATROL CHECK 331 COP 14001 NEWPORT AV #A 5TU 094978 P 08/01/15 25:46:03 PC PATROL CHECK S31 SCOP 14001NEWPORTAV#A 34993 P 08/02/75 02:12:32 PC_ PATROL CHECK S31 COP 14001 NEWPORT" #A p~ 6TUD034998 P 08/02/15 0240:17 415E LOUD MUSIC 310 05 14001 NEWPORT" #A 5T00035449 P 08/11/16 13:1426 CC W/ CODE ENF A2 COMP 14001 NEWPORT AV #A ST00040305 P 09/05115 0022:D3 PC PATROL CHECK $31 COP 14001 NEWPORT" #A BTUD045114 P 10/02115t. '23:18:59 415E PARTY/MUSIC DIST 510 105 14001 NEWPORT AV #A STUCM136 P 10103115101:35:24 PC PATROL CHECK 831 'Jill�a-OP 14001 NEWPORTAV#A 5700081670 P 11112115 23 ... :35:59 PC PATROL CHECK 310 OP m 14001 NEWPORT AV #A 5TUO0516M P 11/13/15 00:37:39 PC PATROL CHECK S31 -OP 14001 NEWPORT AV#A ST00052010 P 11/15/15 015245 PC PATROL CHECK '310 40 12 14001 NEWPORT AV #A 5TUO052444 P 11/17/15 18:38:94 INFO _ _ INFORMATION ONLY m _ 03 14001 NEWPORT AV #A 6TUO052903 P 11/21/15 00:40x51 PC PATROL CHECK S31 COP 14001 NEWPORT AV #A 5TU00%077 P 11/28/15 23:39:46 C5 STAKEOUT 825 COMP 14001 NEWPORT AV #A ST00054108 P 11/29/15 05:18:00 PC PATROL CHECK 310 06 14001 NEWPORTAV #A 6T00056216 P 12/12/16 20:19:38 TS TRAFFIC STOP 721 DW 14001 NEWPORT AV #A STU0000350 P 01/03/16 00:07:38 PC PATROL CHECK 831 COP 14001 NEWPORT AV#A 6TU0001077 P 01/08/16 00:26:58 PC PATROL CHECK 310 COMP 14001 NEWPORT AV #A UTU0001466 P 01111/16 00:10:53 TS TRAFFIC STOP 721 DW 14001 NEWPORT AV #A 6700006320 P 02/10/16 01:37:19 INFO INFORMATION ONLY 03 14001 NEWPORTAV#A 6T00012B55 P 03/20/16 020426 PC PATROL CHECK S31 COP 14001 NEWPORT AV #A ST00013956 P 03/26/16 01:52:03 PC PATROL CHECK S31 COP 14001 NEWPORT AV #A 6700014238 P 03/27116 182427 INFO OCFA COMP 14001 NEWPORT AV #A 6TUO015529 P 04/03/16 21:02:18 INFO INFORMATION ONL 311 03 14001 NEWPORTAV #A STUO016M P 04/07/16 2324:16 PC PATROL CHECK 310 COP 14001 NEWPORT AV #A 6T00018381 P 04/09/16 01:18:53 PC PATROL CHECK 310 COP 14001 NEWPORT AV #A OW0017418 P 04/15/16 08:41:08 TS TRAFFIC STOP 611 DC 14001 NEWPORT AV #A 6T00017695 P 04117116 0025:58 PC PATROL CHECK 310 COP 14001 NEWPORT AV #A 8T0001.8495 P 04/21/18 23.3624 PC PATROL CHECK 310 COP 14001 NEWPORT AV #A 6700018715 P 04123116 01.18.13 PC PATROL CHECK 310 COP 14001 NEWPORT AV #A 6T00018900 P 04/24/16 01:30:14 PC PATROL CHECK 310 COP 14001 NEWPORT AV #A OT00020340 P 06/03/16 14.36.30 INFO INFORMATION ONL 825 03 14001 NEWPORT AV #A OT00020422 P 05/04/18 01.32:15 925C SUSP OCC VEH 412 05 14001 NEWPORT AV #A ON- __. _.. or 'FURNISHED to any other person or Page I of 1 agency except as provided by law without the express permission of the Tustin Police Department, and is to be returned to the Department upon demand. TllmS'On u"1011ce Department CMOs icor s euvpce Report Generated by 1120 on 5/2S/2016 ,ter Saa[oh. Critad4: City: TU I Time Range: 04/29/15 00:01- 05/29/15 23:59 I Agency: FP I Address: 14001 NEWPORT AV #A Incident I A I ®site TinnO Type NO: Untt� TI po Loaatlon BTUDD23295 P 05/26/15 02:44:50 415E LOUD MUSIC 310 05 14001 NEWPORT AV #A 1149 05/28/15 02:57:50 CASE NUMBER = U-15-00010837 (TU) 1239 05/25/15 02:440 INCIDENT NUMBER 5700023295 1148 05/26/15 02:50.11 1 rr in mi inin AND PEOPLE BEING CRAZY FOR THE PAST 1.5 HRS, 1149 1149 5700024239 P 5TUO032076 STUDD33919 ST00034430 909 1257 1257 909 909 BOB P 1239 1149 1239 1239 P 1239 1257 1257 1239 1239 1239 P 1106 1044 1044 06125115 05/2bM5 05130115 06/30/15 06/30115 05/30/15 05/30/15 06/30/15 05/30/15 07/17AS 07/18115 07/17115 07/18/16 07/18/15 07/26/15 07/25/15 07/26/15 07/26/15 07/26/15 07/26/15 07/26/15 07/29/15 07/29115 07/29/15 07/29/15 0247:60 02:57:50 22.55:08 2323:54 22:65:08 22:558 23:1328 2323:54 23:23:54 239:19 00:009 2329:19 00:00:09 00.00:09 01:17:42 01:26.48 01:17:42 01:17.42 012546 0125:46 01:31:45 11:00:30 11:2529 11:00.30 11:00:30 415E 415E 415E 4888 1106 07/29/15 11:1924 1193 07/29/16 1120:27 1106 07/29/15 11:36:10 1106 07/29/15 11:36:10 STUDD34043 p 08/01115 02-.',8.23 PC 1149 08/01/15 02:18:24 Closed dlspo : ADVISED WARD I= PAWC'D LOUD MUSIC 310 05 14001 NEWPORT AV #A CASE NUMBER = U-15-00011328 (TU) INCIDENT NUMBER:61U0024239 LOUD MUSIC AND YELLING NUA DUE TO AA - 5TU24236 Closed dispo : ADVISED WEARD LOUD MUSIC 312 05 14001 NEWPORT AV #A CASE NUMBER= U-15-00015401(TU) INCIDENT NUMBER:5T00032676 Closed dispo : ADVISED SMITH - PAWC AND MUSIC TURNED DOWN LOUD MUSIC 713 CIS 14001 NEWPORT AV #A CASE NUMBER= U-15-00016042 (TU) INCIDENT NUMBERXT00033910 ALSO LOUD "SCREAMING AND HOLLERING". RP WOULD LIKE TO SIGN Closed dlspo : ADVISED FITZPATRICK - OWNER ADVISED AND WILL TURN DOWN MUSIC RP WAS CONTACTED, WILL FOLLOW UP WITH BUSINESS LICENSING. PETTY THEFT BIKE C4 03 14001 NEWPORT AV #A CASE NUMBER= CR-15-00004534(TU) INCIDENT NUMBER:5T00034438 RP'S BIKE WAS WAS CHAINED TO AN ELECTRICAL BOX AND TAKEN LAST NIGHT. UNK SUSP CUT THROUGH THE CHAIN. LOSS WAS THE BIKE AND CHAIN. DKGRY 3G BIKE BEACH CRUISER WITH BLK WHEELS. OCC 072815 1800-2000. RP IS NOW AT HOME ON MITCHELL. 1021 RP - 87 AT BACK DOOR RP DID NOT KNOW SERIAL NUMBER FOR BIKEAND DESIRES PROS Closed dispo : ORIG REPORT TAKEN GARZONE 488RPT PATRO_ --HECK S3: GOP 14001 NEWPORT AV #A I N'CIDENT NUMBER:6T00034843 G MAL COPY I j BE uwPUCATED, COPIED or Page L of 6 FURNISHED to any other person or agency except as provided by taw without the express permission of the Tustin Police Department, and Is to be returned to the Department upon demand.. 'k U 5f s&i F oOke Department r Calls For Sendm Report Gensrated by 1120 on 5f29/2.16 S0-CONda: City: TU I Time Range: 04/29/15 00:01 ., 05/29/1.6 23:59 ( Agency: F,P I Address: 14001 NEWPORT AV ,#A Incident A Date Time Typo IIJnIt Dialso Location f 1149 08/01115 02:18:43 Closed dispo : COP ACTIVITY 1149 08/01115 02:18:43 WHITELEY SUBJS OUT ON THE PATIO STUD034978 P 08101/15 23:48:03 PC PATROL CHECK 831 COP 14001 NEWPORT AV #A 1239 08/01115 23:48:03 INCIDENT NUMBER:5T00034978 1239 00/01/15 23:47:13 Closed dispo : COP ACTIVITY 1239 08101115 23:47:13 WHITELEY 1239 08102MB 05:45:37 SUBdS WERE OUT ON THE PATIO SMOKING HOOKAH 5MOD34093 P 08/02/15 0212:32 PC PATROL CHECK S31 COP 14001 NEWPORT All #A 1239 08/02/15 0212:92 INCIDENT NUMBER:5T00034993 1239 08/02/16 02:12:59 Closed dispo: COP ACTIVITY 1239 08/02M5 02:13*,00 WHITELEY - NUMEROUS PATRONS SMOKING HOOKAH OUTSIDE 57UO034998 P 08102115 0240:17 41SE LOUD Music 310 05 14001 NEWPORT AV #A 1239 08/02/15 03:02:54 CASE NUMBER = U-15-00016578 (TU) 1239 08102115 02:4017 INCIDENT NUMBER :5700034998 1239 06102115 03:0254 Closed dispo : ADVISED 1239 08/02M 5 03:02:54 WARD - BUSN CLOSED FOR THE NIGHT STUD030W P 08/11115 13:14:26 CC WI CODE ENF A2 COMP 14001 NEWPORT AV #A 1284 08/11/15 13:1428 INCIDENT NUMBER:5TUOD36449 1264 08/11/15 14:27:22 CODE ENF ISSUED ADMIN NOTICE OF VIOLATION 1264 08/11/15 14:28:02 Closed dispo : COMPLETED 1264 08/11/15 14:28:02 TRAHAN STUDD40306 P 09/05115 00:22:03 PC PATROL CHECK 831 COP 14901 NEWPORT AV #A 1239 09/05/15 00:22:03 INCIDENT NUMBER:5TU0040305 1239 09/05/15 00:22:03 STILL OPEN AND MUSIC ON THE PATIO 1239 09/05M5 00:22:14 Closed dispo : COP ACTIVITY 1239 09/05/15 00:22:14 WHITELEY ST00046114 P 10102115 23:18:59 415E PARTY/MUSIC DIST 510 05 14001 NEWPORT AV #A 1239 10/02/15 23:54:17 CASE NUMBER = U-15-00021503 (TU) 1257 10/02/15 23:18:59 INCIDENT NUMBER:STU0045114 1267 10/02/15 23:18:59 DOOR 18 OPEN W/ MUSIC BLASTING - RP WANTS TO SIGN 1239 10/02/15 23:54:17 Closed dispo : ADVISED 1239 10/02115 23:54:17 WHITELEY -ADVISED TO TURN DOWN THE MUSIC 5TUD045,130 P 10103115 01:39:24 PC PATROL CHECK S31 COP 14001 NIEWPORT AV #A 1239 10/03/15 01:35:24 INCIDENT NUMBER:5T00045136 1239 10/03/15 01:35:24 MUSIC IS OFF; 20 PPL ON THE PATIO 1239 10/03/15 01:35:35 Closed dispo : COP ACTIVITY 1233 10/03/15 01:35:35 WHITELEY OFFICIAL Copy —`ur DMILICArED, COPIED or ae 2 of 6 FURNISHED to any other person or agency t as rovided blaw Without he express Permiss'ionyof he Tustin Police Department, and Is to be returned to the Department upon demand. CaUs 7 -or Service Report Generated by 1120 on 5/29/2015 SmI>rgift9t10: City: TU J Time Range: 04/29/15 00:01 - 05/29/16 23:59 1 Agency: FP I Address: 14001 NEWPORT AV #A Incident A ate Time Type N®I Unit �Dispo Location ST00051670 P 19112115 23;35:59 PC PATROL CHECK 310 COP 14001 NEWPORT AV #A 1149 11M2116 23.35:59 INCIDENT NUMBEFUM0051970 1149 11I M 5 23:4048 Closed dispo : COP ACTIVITY 1149 11112/15 23:40:48 COSSACK ST00051679 P 11113/15 00:37:89 PC PATROL CHECK 831 COP 14001 NEWPORT AV #A 1149 11/13/15 00:37.39 INCIDENT NUMBER:5TUO051679 1149 11/13M5 00:37:52 Closed dispo : COP ACTIVITY 1149 11M3/15 00:3742 WHITELEY 5 'UOOS2010 P 11M5MS 01:52:45 PC PATROL CHECK 310 COP 14001 NEWPORT AV #A 1239 11/15115 01:52:45 INCIDENT NUMBER:5T00052010 1239 11115MS 01:55:12 Closed dispo : COP ACTIVITY 1239 11/15/15 01:55:12 COSSACK 5700052444 P 11/17/15 18:38:34 INFO INFORMATION ONLY 03 14001 NEWPORT AV#A 1121 11/17/15 18:38:36 CASE NUMBER= CR-15-00007061(TU) 1121 11/17/15 18:38:34 INCIDENT NUMBER; -5T00052444 1121 11/17/15 18:38:48 Closed dispo : ORIG REPORT TAKEN 1121 11/17/15 18:38:48 WARD 5TUD052993 P 11121115 00:40:51 PC PATROL CHECK 831 COP 14001 NEWPORT AV #A 1239 11/21/15 00:40:51 INCIDENT NUMBER:5T00052993 1239 11/21/15 00:40:51 SEVERAL PATRONS ON THE PATIO 1239 11/21/15 00:41:02 Closed dispo : COP ACTIVITY 1239 11/21/15 00:41:02 WHITELEY STUO054077 P 11/2811.5 23:39:46 C5 STAKEOUT 825 COMP 14001 NEWPORT AV #A 1239 11/28/15 23:39:46 INCIDENT NUMBER:5T00054077 1257 11/29/15 0244:44 Closed dispo : COMPLETED 1257 11/29/15 02:44:44 SI 5TUO054108 P 11/29/15 05:18:00 PC PATROL CHECK 310 08 14001 NEWPORT AV #A 1257 11/29/15 05:27:43 CASE NUMBER= LI -15-00025876 (TU) 1239 11/29/15 05:18.01 INCIDENT NUMBER:5T00054108 1239 11/29/15 05:18:01 REQ OFFICER COSSACK PC IVY LOUNGE - DOCUMENT ON MAVS ANY PATRONS STILL 97 ON THE PATIO 1257 11/29/15 05:27:43 Closed dispo : UTLIGOA 1257 11/29/15 0517:43 COSSACK - NO ONE 1S 97 57UO0562'.6 P 12/12M 5 20:19:36 TS TRAFFIC STOP 721 DW 14001 NEWPORT AV #A 1149 12/12/15 20:19:37 INCIDENT NUMBER:6T00056216 1149 12/12M5 20:1927 QL,721 ,GNQX997 ,CA 1149 12/12115 2011:24 Closed dispo : DRIVER WARNED 1149 12/12M5 20:2124 GIRGENTI .. y... OWClai e^nrn� � NOT TO BE bUPLICATED Page 3 o! 6 COPIED or FURNISHED to any other person or agency except as provided law .by without the express permission of the Tustin Police Department, and is to be returned to the OePartnlent upon demand, ' USCIn P011cae -'D®par tQa en' Calle For semics Rep opt Generated by 1120 on 5/29/2:,:.6 LaxA .c-t(t da: City: TU I Time Range: 04/29/15 00:01. - 05/29/16 23:59 1 Agency: FP I Address: 14001 NEWPORT AV #A dY dent I"! &WTime �YPe IVOI � Unit It Location _ A 6TV81100358 P 01/03/18 00:07:38 PC PATROL CHECK $31 COP 14001 NEWPORT AV #A 1239 01103/16 00,07:38 INCIDENT NUMBER:8T00000956 1239 01/03116 00:08:16 BUSH STILL OPEN AND PATRONS INSIDE 1239 01/03/16 00:08:20 Closed dispo : COP ACTIVITY 1239 01/03/16 00:08:20 WHITELEY STUDOOID77 P 01/08M6 00:28:58 PC PATROL CHECK 310 COMP 14001 NEWPORT AV #A 1149 01108MG 0026:58 INCIDENT NUMBER46T00001077 1149 01/08/16 00:27:07 PEOPLE ARE INSIDE BUT IT IS C4 1149 01/08M6 0027.16 Closed dispo : COMPLETED 1149 01MOI16 00:17:16 COSSACK STU0001458 P OW11116 00:10:58 TS TRAFFIC STOP 721 DW 14001 NEWPORT AV #A 1044 01/11/16 00:10:53 INCIDENT NUMBER:BT00001456 1044 01/11/16 0010:53 QL,721 ,3)(DL162,CA 1044 01/11116 00:14:09 Closed dispo : DRIVER WARNED 1044 01111116 00:14:09 GIRGENTI OTUODM20 P 02/10/16 01:37:19 INFO INFORMATION ONLY 03 14001 NEWPORT AV #A 1044 02/10/16 01:3721 CASE NUMBER= CR-1040001001(TU) 1044 02/10/16 01:37.19 INCIDENT NUMBER:6T00006320 1044 02/10116 01:37:30 Closed dispo : ORIG REPORT TAKEN 1044 02/10/16 01:37.30 WARD ST00012856 P 03/20116 02:04:28 PC PATROL CHECK 891 COP 14001 NEWPORT AV #A 1239 03/20/16 02:04:26 INCIDENT NUMBER:6'fU0012855 1239 03/20/16 02:0426 PATRONS STILL INSIDE AND OUTSIDE 1239 03/20116 02:04:33 Closed dlspo : COP ACTIVITY 1239 03/20/16 02:04:33 WHITELEY ST00013950 P 03126//8 01:5203 PC PATROL CHECK 031 COP 14001 NEWPORT AV #A 1239 03/26/16 01:52:03 INCIDENT NUMBER:6T00013956 1239 03/26/16 01:52.03 STILL OPEN, PPL INS 1239 03/26/16 01:52:12 Closed dispo : COP ACTIVITY 1239 03/26/16 01:5212 WHITELEY 8700014236 P 03/27/18 18:24:27 INFO OCFA COMP 14001 NEWPORT AV #A 1239 03/27/16 182427 INCIDENT NUMBER:6TUO014236 1239 03127116 18:2427 BETWEEN IVY LOUNGE & THE MOTOR LODGE, COALS SMOKING IN BUCKET 1239 03127/16 1824:33 Closed dispo : COMPLETED 1239 03!27/16 18:24:33 KUYKENDALL STUOQi5529 P 04103118 21:02:18 INFO INFORMATION ONL 311 03 14001 NEWPORT AV #A 1239 04/03/16 21:26:14 CASE NUMBER= CR -1M0002330 (TU) 1220 04/03/16 21:02.19 'NC'DENT NUMBER:6TUO015529 TAL COpY --UGATED, COPIED or Page 4 of 6 FURNISHED to any other person or agency except as provided by taw Without the express permission of the Tustin Police Department, and is to be returned to the Department upon demand. iv {y xN I Canis -Qtr Service sir 1 ,f Generated by 1120 on 5/29/2016 search Grinch: City: TU I Time Range: 04/29/15 00:01- 05/29/16 23:59 J Agency: FP I Address: 14001 NEWPORT AV *A F ]Incident I A I Date I Time Type id®% -Unit _ D'sp0~ location 1220 04/03/18 21:12:15 926 1220 04103/1 B 21:13:35 926A ARCHIES 1220 04103116 21:15:40 QL.712 ,TGKG979 ,CA 1220 04/03/16 21:15:46 QO,712 , 1239 04/03118 211:57 REQ 926 FB FOR HONDA 1239 04103116 21:23:04 926A FS CA TOW 1225 0410WIS 21:54:18 UNIT 803 1220 04/03/16 22:14.16 Closed dispo : ORIG REPORT TAKEN 1220 04103M8 22:1416 CROUCH 6TUD016222 P 04107M8 28:24:16 PC PATROL CHECK 310 COP 14001 NEWPORT AV #A 1200 04/0716 23:24:16 INCIDENT NUMBER:BTUDD16222 1247 04/07/16 23:24:58 APPROX. 20 PEOPLE ON PATIO AND INSIDEESTABLISHMENT. PEOPLE SMOKING HOOKAH,AND EMPLOYEES STILL SERVING CUSTOMERS. 1247 04/07/16 235:35 BOTH "OPEN" SIGNS ARE STILL ACTIVATED(OPEN SIGN FACING NEWPORT AVENUE, ANDSIGN FACING EL CAMINO REAL). 9247 04/07/16 23:26:02 PATIO HEATERS ARE STILL LIT AND ACTIVE. 1247 04/07/18 23:26:18 BUSINESS APPEARS TO BE OPEN ANDOPERATIONAL. 1200 04/07/16 23:29:45 Closed dispo : COP ACTIVITY 1200 04/07/16 23:29.45 COSSACK STU00163B1 P 04/09/16 01:18:53 PC PATROL CHECK 310 COP 14001 NEWPORT AV #A 1239 04/09/16 01:16:53 INCIDENT NUMBER:6T00016381 1247 04/09/16 01X0:10 BUSINESS APPEARS TO BE OPEN, APPROXIO-16 PATRONS INSIDE AND ON PATIO 1247 04/09/16 01:20:45 PATIO HEATERS ARE ACTIVATED 1239 04/09/16 01:22:60 Closed dispo : COP ACTIVITY 1239 04/09/18 01:22:50 COSSACK BT00017418 P 04/15/16 08:41:08 T8 TRAFFIC STOP 814 DC 14001 NEWPORT AV #A 1220 04/15/16 08:41:08 INCIDENT NUMBER.6T00017418 1220 04/15/16 08:4108 QL,611 ,6YKV500 ,CA 1044 04/15/16 08:43:49 QN,611 1220 04/15116 08:65:54 Closed dispo : DRIVER CITED 1220 04/15/16 08:56:54 ALFONSO STU0017695 P 04/17110 00.25:58 PC PATROL. CHECK 310 COP 14001 NEWPORT AV #A 1257 04/17/16 00:25:58 INCIDENT NUMBER:BT00017695 1247 04117/16 00:26:25 "OPEN"SIGN ILLUMINATED AFTER CLOSINGTIME 1247 04117116 00:27:00 MULTIPLE PATRONS ON PATIO AND INSIDE OFESTABLISHMENT. BUSINESS SEEMS OTHERWISEOPEN, AND FULLY OPERATIONAL. 1257 04/17/16 00:28:14 Closed dispo : COP ACTIVITY 1257 04/17/16 00.28:14 COSSACK GC)PY 11ED NOT'roBE DUPLICATED' Page 5 Of 6 FURNIS ATEA, COPIED or to any other person or as provided by law withh n thcy e express Tustin Police p� ress permrssign of the Department returned to the and is tO be D apartment unnn ,4--_ Tus tln : Ice Department Calls o r se11'1 ce Report Generated by 1121 on 5/29/2::k ORMAQh9ft City: TU ) Time Range: 04/29/15 00:01- 05/29/16 23.59 J Agency: FP J Address: 14001 NEWPORT AV *A Incident A Oahe Time Type _ N -nitDispo l ooaiion ST00018490 P 04121/16 23:36:24 PC PATROL CHECK 310 COP 14001 NEWPORT AV #A 1200 04!21/16 23:36:24 INCIDENT, NUMBER.BTU0018495 1247 04121/16 23:36:44 "OPEN" SIGN ILLUMINATED 1247 04121/16 23:37:07 20.25 CUSTOMERS ON PATIO AND INSIOEESTABLISHMENT 1247 04121/18 23:376 CUSTOMERS INSIDE LOUNGE SMOKING 1200 04121/16 23:38:17 Closed dispo : COP ACTIVITY 1200 04121/16 23:36:17 COSSACK UU0018715 P 04/23/16 01:18:13 PC PATROL CHECK 310 COP 14001 NEWPORT AV #A 1257 04/23/16 01:18.13 INCIDENT NUMBER:6TU0018716 1247 04/23/16 01:0.16 APPROXIMATELY 60 PATRONS INSIDE AND ONOUTDOOR PATIO 1247 04/=16 01:21:00 CUSTOMERS BEING SERVED AND OUTDOORHEATERS ARE ACTIVATED ON PATIO 1247 04/23/18 0121:18 BUSINESS APPEARS OTHERWISE OPEN FORBUSINESS 1257 04/23/16 0151 Closed dispo : COP ACTIVITY 1257 04/23/16 01•.22:51 COSSACK 6TU0818900 P 0NWO 01:30:14 PC PATROL CHECK 310 COP 14001 NEWPORTAV #A 1257 04/24/16 01:30:14 INCIDENT NUMBER:6TU0018900 1247 04/24/16 01:31:34 "OPEN" SIGN ILLUMINATED AFTER HOURS 1247 04/24/18 01:31:60 APPROXIMATELY 15-20 PATRONS INSIDE,SMOKING 1257 04124/16 01:32:56 Closed dispo : COP ACTIVITY 1257 04/24/16 01:32:68 COSSACK OTUO020340 P 05103/18 14.36:30 INFO INFORMATION ONL 825 03 14001 NEWPORT AV #A 1149 05/03/18 14:36:41 CASE NUMBER = CRA "0002087 (TU) 1149 06/03/16 14:36:30 INCIDENT NUMBER:6TU0020340 1149 05/03/16 14:36:58 Closed dispo : ORIG REPORT TAKEN 1149 05/03/16 14:38:59 WARD CUP VIOLATIONS STUD020422 P 05/04/16 01:32.15 925C S3USP OCC VEH 412 05 14001 NEWPORT AV #A 1201 06/04/16 03:11:38 CASE NUMBER= L14640009926 (TU) 1200 05/04/16 01:3215 INCIDENT NUMBER:6T00020422 1200 05/04/16 01:32:15 SIL INFIN OCCUPIED IFO THE BUISNESS.... RP IS CONCERNED BECAUSE HE ALWAYS SEES THE VEH 97 1200 05/04/16 01:32:30 RP IS NOT 97, COULD SEE VEH FROM CAMERAS 1201 05104.116 0209:55 QL,410 AJPV915 ,CA 1200 05/04/16 02:31:47 QN,411 120" 05/04/16 03:1138 Closed dispo : ADVISED 1201 05104116 03:11:38 JANKOWSKI PAW= REF SLEEPING IN VEH Q li M71- 7) 917„ _. , _SPIED or Page 6 of E FURNISHED to any other person or agency except as provided by law without the express permission of the Tustin Police Department, and is to be returned to the Department upon demand. Attachment D RESOLUTION NO. 4313 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING THAT THE CITY COUNCIL REVOKE CONDITIONAL USE PERMIT (CUP) 2015-05 FOR ON-SITE SALE AND CONSUMPTION OF BEER AND WINE (LICENSE TYPE 41) AND DESIGN REVIEW (DR) 2015-005 FOR OUTDOOR SEATING IN CONJUNCTION WITH THE IVY LOUNGE RESTAURANT LOCATED AT 14001 NEWPORT AVENUE, UNIT A. The Planning Commission does hereby resolve as follows: 1. The Planning Commission finds and determines as follows: A. That on April 28, 2015, the Tustin Planning Commission adopted Resolution No. 4281, approving CUP 2015-05 (on-site sale of beer and wine) and DR 2015-005 (outdoor seating) associated with the 1,386 square -foot restaurant and 545 square -foot outdoor seating area for the Ivy Lounge restaurant located at 14001 Newport Avenue, Unit A. B. That Resolution No. 4281 included the following conditions determined necessary by the Planning Commission to ensure that the restaurant use does not operate in a manner that is detrimental to the community: 2.7 This approval authorizes a Type 41 ABC License (on-site beer and wine sales) in conjunction with a bona fide public eating place. The proposed on-site consumption of beer and wine must be consistent with the Department of Alcoholic Beverage Control requirements. Any changes and/or upgrades to the ABC License shall be reviewed and approved by the Community Development Director. The sale and consumption of alcoholic beverages in the outdoor restaurant seating area shall be restricted by and subject to any required State Alcoholic Beverage Control or other applicable license or permit governing the restaurant. Any outdoor restaurant seating area where alcoholic beverages are sold or consumed shall be enclosed by a border and shall be supervised at all times by an employee of the restaurant. No alcoholic beverages may be removed from the outdoor restaurant seating area, except to the interior of the restaurant. 2.9 All restaurant use shall comply with the City's Noise Ordinance. 2.10 No live entertainment or amplified noise is permitted without a valid Live Entertainment Permit. 2.13 The restaurant establishment shall have a maximum of thirty-six (36) seats indoors and thirty-two (32) seats outdoors. Any increase in the number of seats is subject to written approval from the 1162627.1 Resolution No. 4313 Page 2 Community Development Director. All outdoor furniture and fixtures must be of durable and sturdy construction and suitable for outdoor use. Furniture shall be in good condition without any visible dents, tears, rust, corrosion, or chipped or peeling paint and that it be in a clean condition at all times. C. During the public hearing on the matter, neither the business owner nor the property owner expressed any reservations or opposition to any of the proposed conditions for CUP 2015-05 or DR 2015-005. Also, no appeal was filed in opposition to any condition of approval. D. That on May 6, 2016, the restaurant's owner (Vahid Adamkhoshbakht) and property owner executed the City's Agreement to Conditions form. E. That in response to citizen complaints, the Tustin Police Department began documenting the restaurant's violations of the approved conditions of approval within 17 days of the Planning Commission's approval of CUP 2015-05 and DR 2015-005. F. That City staff, Tustin Police officers, and the City Attorney spent countless hours investigating this case, writing letters, issuing citations, and meeting with the restaurant owner to obtain his cooperation and compliance with the conditions of Resolution no. 4281. Although staff and the City Attorney were able to resolve the amplified music, hot coals and signage violations, the business owner continues to willfully ignore Resolution No. 4281 conditions 2.4, 2.7, and 2.13. A summary of the findings of the violations noted therein are as follows: May 16, 2015 to August 2, 2015 - Tustin PD responded to six (6) calls for service related to loud noise from the outdoor patio after approved business hours (three (3) of the six (6) complaints involved noise after 2:00 AM). That on or about August 7, 2016, the matter was brought to City Code Enforcement staff who determined that the Ivy Lounge restaurant was frequently operating later than authorized by the City; sometimes as late as 2:00 AM in violation of Condition No. 2.4 and 2.7. Also, four (4) additional seats and a table had been added to the restaurant, exceeding the maximum allowed by Condition No. 2.13. August 11, 2015 — Code Enforcement issued first Notice of Violation. 1162627.1 Resolution No. 4313 Page 3 October 3, 2015 — Tustin PD notified Code Enforcement staff that Tustin PD had responded to a noise -related call for service on September 5, 2015 when the business was operating to at least 1:35 AM. October 6, 2015 — Code Enforcement issued a second Notice of Violation and issued a $200.00 administrative citation. November 12, 2015 to November 22, 2015 — Tustin PD performed three (3) patrol checks to determine whether the business was complying with the City's second Notice of Violation. The business was noted to be operating each time later than the business hours permitted by Condition 2.4 and 2.7 of Resolution No. 4281. © November 28, 2015 — Tustin PD documented that the restaurant operated past 2:20 AM. January 7, 2016 — The Tustin City Attorney sent a letter to the business owner requiring immediate compliance with all conditions of approval related to Resolution No. 4281 or the City would schedule a public hearing and request the Planning Commission to revoke the Conditional Use Permit and Design Review. January 18, 2016 — The business owner contacted the City Attorney. The business owner indicated his desire to obtain permission to expand the restaurant business into the adjoining business lease space. Also, the business owner indicated his desire to request that the Planning Commission modify his conditions of approval so that he could stay open later. The City Attorney explained how to request Planning Commission consideration of such a request, but that the business had to comply with the existing conditions associated with Resolution No. 4281 until such time that they were formally modified by the Planning Commission. No application to modify the conditions of approval was filed. Q February 4, 2016 to April 24, 2016 - Tustin PD visited the site ten (10) more times after the approved hours and found that the restaurant was operating (seven (7) of the ten (10) violations were noted after midnight). May 9, 2016 — City staff sent a notice to the business owner that staff had scheduled the revocation of CUP 2015-05 and DR 2015- 005 for consideration by the Tustin Planning Commission. 1162627.1 Resolution No. 4313 Page 4 G. That Tustin City Code (TCC) Section 9293c states: "Any Conditional Use Permit or variance granted in accordance with the terms of this chapter may be revoked by the City Council in the manner hereinafter set forth if any of the conditions or terms of such permits are violated or if the following findings are made: (1) In connection with Conditional 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." H. That TCC Section 9293d states: "Before the City Council considers revocation of any permit, the Planning Commission shall hold a hearing thereon after giving written notice thereof to the permittee at least ten (10) days in advance of such hearing. Within five (5) days thereafter, the Commission shall transmit a report of its findings and its recommendations on the revocation to the City Council." revocation of DR 2015-005 (outdoor seating): I. That TCC Section 9277e(13) states: 'Violation of any of the requirements set forth in this Section, or any other conditions placed on approval of an outdoor seating area by the City of Tustin, shall constitute a violation of the Tustin City Code, subject to enforcement in any manner authorized by the Code. In addition, the Director of Community Development is hereby authorized to suspend or revoke any prior approval of an outdoor restaurant seating area upon continuous or repetitive violation of such requirements or conditions.' J. That on June 4, 2016, 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 2015-05 for on-site beer and wine sales (ABC License Type 41) and DR 2015-005 for outdoor seating associated with the Ivy Lounge restaurant located at 14001 Newport Avenue, Unit A. At least ten (10) 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. 1162627.1 Resolution Pio. 4313 Page 5 K. 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 some site shall be filed. L. That the Planning Commission held a public hearing and considered the evidence as described in the staff report dated June 14, 2016 (Exhibit A) and recommended revocation of CUP 2015-05 and DR 2015-005 at a duly noticed, regular meeting on June 14, 2016. Based on that evidence and discussion at the meeting, the Planning Commission has determined the following findings pursuant to TCC Section 9293.c: 1. Restaurants serving alcohol with outdoor seating that operate late at night have the potential to negatively impact the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such use. Such activities could also be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the City. 2. To prevent these potential impacts, the Tustin Zoning Code identifies such uses as discretionary (not an outright permitted use), that requires the Tustin Planning Commission to review and approve the proposed business operation (CUP 2015-05 and DR 2015-005) at a public hearing. When determined appropriate and necessary, the Tustin Planning Commission may apply reasonable conditions to their approval to ensure that the use does not operate in a manner that is detrimental to the community. 3. Alcohol sales and outdoor seating proposed for the Ivy Lounge restaurant was reviewed by the Tustin Planning Commission when it considered and approved CUP 2015-05 and DR 2015-005 on April 28, 2015. At that time, the Tustin Planning Commission approved both discretionary actions (Resolution No. 4281) with reasonable conditions of approval intended to prevent the business from operating in a detrimental manner. 4. The business owner and the property owner were present during the public hearing on the matter and executed the City's Agreement to Conditions form that was later recorded on the property's title. Yet, the Tustin Police Department began documenting violations of the approved conditions of approval within 17 days of the Planning Commission's approval of CUP 2015-05 and DR 2015-005. 5. Since approval of CUP 2015-05 and DR 2015-005, several citizen noise complaints have been received by the Police Department related to late-night operation of the Ivy Lounge. The noise was investigated and determined to be coming from the open patio area 1162627.1 Resolution No. 4313 Page 6 and from loud music from the interior of the business late at night. The repetitive noise late at night interferes with the peaceful use and enjoyment of nearby properties. Repetitive police activity can also cause citizen concerns about the perceived safety of the neighborhood or Old Town in general. The seating limitation required by the Planning Commission was intended to prevent parking congestion on the site or in the neighborhood. Additional seating also contributes to the cumulative late night noise coming from the outdoor patio. Obviously, any activity that results in staff or police monitoring, policing, enforcement, etc., takes those staff members and police officers away from other activities and assignments. 6. The business owner has indicated to staff that his restaurant is popular and that his clientele seeks restaurants that serve later than the limitations established by Resolution No. 4281. The restaurants Illegal extension of its business hours and increased seating/parking demand may only modified when authorized by the City through a noticed public hearing of the Planning Commission. 7. Subsequently, City staff, Tustin Police officers, and the City Attorney spent countless hours investigating this case, writing letters, issuing citations, and meeting with the restaurant owner but have been unsuccessful in obtaining compliance with all conditions of Resolution No. 4281. Recently, the City Attorney instructed the business owner on the procedure to formally request Planning Commission to remove or modify conditions of approval, but reminded him that he must comply with the existing conditions of Resolution No. 4281 until such time that a formal application to revise them is considered and approved. Yet, the Tustin Police Department documented ten (10) additional violations of the approved conditions of approval that began only seventeen (17) days after the City Attorney's conversation with the business owner. And no application to modify the conditions of approval was filed. 8. The business owner's continuous disregard of Resolution No. 4281's conditions of approval subjects the public to continuing detrimental impacts that meets the requirements of TCC Section 9293; that the operation of the restaurant is 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. 9. Pursuant to TCC Section 9293, the Tustin City Council is responsible for acting on recommendations for revocation of a CUP. However, the Planning Commission is required to conduct a hearing and 1162627.1 Resolution No. 4313 Page 7 transmit a report of its findings to the City Council for their consideration. 10. That the continuance of CUP 2015-05 for on-site beer and wine sales (ABC License Type 41) and DR 2015-005 for outdoor seating associated with the Ivy Lounge restaurant located at 14001 Newport Avenue, Unit A, 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; and, N. 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 directs staff to transmit a report of the Planning Commission's findings and recommendation that the City Council revoke Permit CUP 2015-05 for on-site beer and wine sales (ABC License Type 41) and DR 2015-005 for outdoor seating associated with the Ivy Lounge restaurant located at 14001 Newport Avenue, Unit A. Said report shall include the Planning Commission's Agenda Report, adopted Resolution No. 4313, and the Planning Commission's Minutes for the meeting of June14, 2016. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 10 day of June, 2016. AUSTIN LUMBARD Chairperson ELIZABETH A. BINSACK Planning Commission Secretary 1162627.1 Resolution No. 4313 Page 8 STATE OF CALIFORNIA ) COUNTY OFORANGE CITY OF TUSTIN ) 1, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4313 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10 day of June, 2016. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary Exhibit A: June 14, 2016 Staff Report and attachments. 1162627.1 Exhibit A This Exhibit is the same document as the June 14, 2016 staff report. The report will be attached to the executed Resolution, but is not being reproduced at this time to reduce the size of this document. V ITEM #3 AGENDA REPORT MEETING DATE: JULY 12, 2016 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: REVOCATION OF CUP 2015-05 (ON-SITE BEER AND WINE SALES), DR 2015-005 (OUTDOOR SEATING), IVY LOUNGE RESTAURANT RESTAURANT OWNER: PROPERTY OWNER: VAHID ADAMKHOSHBAKHT LOUIE PROPERTIES IVY LOUNGE AND GRILL 5936 TEMPLE CITY BLVD 14001 NEWPORT AVENUE, UNIT A TEMPLE CITY, CA 91780 TUSTIN, CA 92780 LOCATION: 14001 NEWPORT AVENUE, UNIT A ENVIRONMENTAL: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15270(B) (ARTICLE 18. STATUTORY EXEMPTIONS FOR PROJECTS WHICH ARE DISAPPROVED) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA GUIDELINES FOR THE CALIFORNIA ENVIRONMENTAL QUALITY ACT) RECOMMENDATION: That the Planning Commission adopt Resolution No. 4313: 1 . Finding that the continuance of Conditional Use Permit (CUP) 2015-05 for on- site beer and wine sales (ABC License Type 41) and Design Review (DR) 2015-005 allowing outdoor seating associated with the Ivy Lounge restaurant located at 14001 Newport Avenue, Unit A, 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; and, 2. Directing staff to transmit a report of the Planning Commission's findings and recommending that the City Council set a hearing at its first available or practical meeting to revoke CUP 2015-05 and DR 2015-005. Planning Commission Report July 12,2016 Revocation of CUP 2015-05 & DR 2015-005 Page 2 SUMMARY In April 2015, the Tustin Planning Commission approved a CUP for on-site sale of beer and wine and DR for outdoor seating associated with Ivy Lounge restaurant located at 14001 Newport Avenue, Unit A. Since then, the restaurant owner has violated multiple conditions of approval which is detrimental to the health, safety, morals, comfort and general welfare of public. This report provides background information, Code Enforcement actions to date, stipulations provided at the Planning Commission hearing and findings to support the recommended actions. This item was originally scheduled before the Planning Commission on June 14, 2016. At the meeting the following stipulations were made by the Planning Commission: 1. The public hearing was opened as scheduled at the June 14th Planning Commission meeting. The business owner personally appeared at the hearing and agreed, on the record, to strictly comply with all of the conditions of approval in Resolution 4281. 2. The City will conduct regular but random inspections to confirm strict compliance with all of the conditions of approval. If there are any further violations of any of the conditions, the revocation process will move forward at the next regularly scheduled Planning Commission meeting. 3. Each prospective purchaser of the business must be notified, at a minimum, of: the conditions of approval; the enforcement actions taken by the City; and the continued revocation hearing. 4. Before the close of escrow on any sale of the business, the new buyer must do the following: submit a duly notarized acknowledgment and acceptance of the conditions of approval on the City's standard form; and appear before the Planning Commission at a continued hearing on the proposed revocation and affirm their understanding and acceptance of the conditions of approval in Resolution 4281. 5. The current owner must reimburse the City for all administrative costs incurred by the City to date in connection with the City's efforts to enforce the conditions of approval and/or to revoke the approvals. The owner must also pay any outstanding administrative citations, and agree to reimburse the City for any future enforcement costs incurred while he owns the business. The owner agreed to pay these costs in Conditions 1.5 and 1.8 of Resolution 4281. The following provide a summary since the June 14th Planning Commission meeting: • When the Police Department conducted inspections, it was reported the restaurant was in compliance with the conditioned business hours. Planning Commission Report July 12, 2016 Revocation of CUP 2015-05& DR 2015-005 Page 3 • No new purchaser has been presented to the City nor has an acknowledgement of the enforcement actions or the acceptance of the conditions of approval been provided. To the contrary, at a counter inquiry, a potential buyer said he was told by the business owner that the business can open until 2 a.m. • The owner has not reimbursed the City for any administrative costs related to enforcement actions incurred to date nor did he pay after the City provided him with the invoice and a date by which to pay. Staff believes these actions and/or inactions are not consistent with the stipulations agreed to at the June 14th meeting. Accordingly, staff recommends that the Planning Commission conduct the continued revocation hearing. It not our desire to expend any more City resources (Police Department personnel, City staff, or City Attorney) on this matter as the City would not recover the cost and time. REVOCATION AUTHORITY 1. For the revocation of CUP 2015-05 and DR 2015-005: Pursuant to Condition 1.6 of Resolution No. 4281 (Planning Commission approval): "1.6 ...if the use is not operated in accordance with Conditional Use Permit 2015-05 and Design Review 2015-005, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or 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." Pursuant to Condition 1.8 of Resolution No. 4281 (Planning Commission approval): The applicant shall be responsible for costs associated with any necessary code enforcement action, including attomey's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. 2. For the revocation of CUP 2015-05 (on-site beer and wine sales): Pursuant to Tustin City Code (TCC) Section 9293c: `Any Conditional Use Permit or variance granted in accordance with the terms of this chapter may be revoked by the City Council in the manner hereinafter set forth if any of the conditions or terms of such permits are violated or if the following findings are made: (1) In connection with Conditional Use Permits: The continuance of the use would be detrimental to the health, safety, morals, comfort and general Planning Commission Report July 12, 2016 Revocation of CUP 2015-05& DR 2015-005 Page 4 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." Pursuant to TCC Section 9293d (Hearing for Revocation of Permits): "Before the City Council considers revocation of any permit, the Planning Commission shall hold a hearing thereon after giving written notice thereof to the permittee at least ten (10) days in advance of such hearing. Within five (5) days thereafter, the Commission shall transmit a report of its findings and its recommendations on the revocation to the City Council." 3. For the revocation of DR 2015-005 (outdoor seating): Pursuant to TCC Section 9277e(13): "Violation of any of the requirements set forth in this Section, or any other conditions placed on approval of an outdoor seating area by the City of Tustin, shall constitute a violation of the Tustin City Code, subject to enforcement in any manner authorized by the Code. In addition, the Director of Community Development is hereby authorized to suspend or revoke any prior approval of an outdoor restaurant seating area upon continuous or repetitive violation of such requirements or conditions." BACKGROUND On April 28, 2015, the Tustin Planning Commission adopted Resolution No. 4281 (Attachment A), approving CUP 2015-05 (on-site sale of beer and wine) and DR 2015-005 (outdoor seating) associated with the 1,386 square-foot restaurant and 545 square-foot outdoor seating area for the Ivy Lounge restaurant located at 14001 Newport Avenue, Unit A. On May 6, 2016, the restaurant owner (Vahid Adamkhoshbakht) and property owner (Ching Louie for Louie Properties) executed the City's Agreement to Conditions form (Attachment B). Condition 1.6 of Resolution 4281 states `:..if the use is not operated in accordance with Conditional Use Permit 2015-05 and Design Review 2015-005, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or 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." This report will show that since May 16, 2015, City staff and the Tustin Police Department have documented that the owner of the Ivy Lounge restaurant has disregarded Planning Commission Resolution No. 4281's Conditions of Approval, subjecting the public to impacts that are 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. • n. \\El\ \\\\\\` `\\\\\ \\\ .. ` \� `MENN IMM `�`:. ---------------- _ .•'.//��llililllitl�i:��=� �����r�i:�i•-7A1lIr��w11!���R:a.. n`i�t�Q�li.�•e..s!//!!.♦7N�..��....���������__EN■nommommosso ssolln]Sm Off OMEN onmunnnnnnnnnnommor 1# �ilfrriWiril�����0��11'i ...►t T-7 u; C�?a■ ��� ■�r.�����s��n■��u - .� �ii::'■:iii. \\\\\\\\\\\\\� , _�.__,..���a►.tip �-....................,...,...........................::.............. Planning Commission Report July 12, 2016 Revocation of CUP 2015-05& DR 2015-005 Page 6 10YM Cwerxtm d.G tMh.eC .►r1 Nm+len� au �'`�':".�.�,�w,.., •.....,...W 2'-11"gap NoW oadhlmia .4QMXN .bWVWftd between wall h I4E segments - ka FF.-- 1,386 `1,386 sq. ft. i 3' landscaping *• djacent to public Project Summary sidewalk • Gross Interior Area: a � 1,386 sq.ft. a 3'-0"Masonry wall,Design • Interior Restaurant Seating: 543 sq.ft for additional 3'0"glass ""'°"° _ • Outdoor Restaurant Seat:ng: 322 windbreak has been approved 545 sq.ft. ft. but not permitted or installed • Outdoor Seating as o r Proposed: ® i 0 18 Tables 0 36 Chairs — Dedicated public walkway 0 9 Umbrellas access for entire commercial 0 3 Outdoor Heaters center connecting public • Additional Alterations: sidewalk to storefronts 0 3'Masonry Wall - (Expansion) Parking Lot r „.,,222.8 i T° 0 3'Glass Break on Wall � J ,;�L..� aro•r. rmoc tocs-`.w.i Exterior Floor Plan CODE ENFORCEMENT ACTIONS Beginning in May 2015 and continuing through August 2015, Tustin PD responded to numerous citizen complaints of late-night noise emanating from the Ivy Lounge restaurant. On August 7, 2015, Tustin PD requested City Code Enforcement staff to assist them in addressing the issues. Code Enforcement staff reviewed Resolution No. 4281 and determined that the Ivy Lounge restaurant was operating in violation of Resolution No. 4281 approving CUP 2015-05 and DR 2015-05. To summarize, Code Enforcement found that the Ivy Lounge restaurant had: 1. Frequently operated later than authorized by the City; sometimes after 2:00 AM in violation of Condition No. 2.4 and in violation of Condition No. 2.7 (California Department of Alcoholic Beverage Control (ABC) rules and license). Planning Commission Report July 12, 2016 Revocation of CUP 2015-05 & DR 2015-005 Page 7 2. Added four (4) additional seats and a table to the restaurant, exceeding the maximum allowed by Condition No. 2.13 and triggering the need for additional parking to be provided to support the additional seating. 3. Generated loud noise and amplified music coming from the restaurant and outdoor patio in violation of Condition No. 2.9. 4. Allowed customers to smoke hookah indoors in violation of State law. 5. Placed hot coals near a Southern California Edison utility box. 6. Placed illegal window signage at the site. It should be noted that the amplified music, hot coals and signage violations have been satisfactorily resolved through Code Enforcement efforts. However, City staff has been unable to obtain the business owner's compliance with Conditions 2.4 and 2.7(compliance with business hours limitations), and Condition No. 2.13 (restaurant seating limitation of 36 seats indoors and 32 seats outdoors). A copy of the public notice and staff report for this matter has been forwarded to ABC for their information and action. The property owner has also been notified of the proposed action scheduled for the June 14, 2016 hearing and this continued public hearing. City staff, Tustin PD, and the City Attorney spent countless hours investigating this case, writing letters, issuing citations, and meeting with the restaurant owner to obtain his cooperation and compliance with all conditions of Resolution No. 4281. A copy of the entire Code Enforcement investigation report is provided as Attachment C. (Note: these efforts do not include Police Department and Code Enforcement efforts expended after the initial June 14, 2016 revocation hearing). The following summarizes these efforts: • May 16, 2015 to August 2, 2015 - Tustin PD responded to six (6) calls for service related to loud noise and amplified music from the outdoor patio after approved business hours (three (3) of the six (6) complaints involved noise after 2:00 AM). See Exhibit A of Attachment C. • August 11, 2015—Code Enforcement issued first Notice of Violation. • October 3, 2015 — Tustin PD notified Code Enforcement staff that Tustin PD had responded to a noise-related call for service on September 5, 2015 when the business was operating to at least 1:35 AM. See Exhibit B of Attachment C. • October 6, 2015 — Code Enforcement issued a second Notice of Violation and issued a $200.00 administrative citation. See Exhibit E of Attachment C. • November 12, 2015 to November 22, 2015 — Tustin PD performed three (3) patrol checks to determine whether the business was complying with the City's second Notice of Violation. The business was noted to be operating each time later than the business hours permitted by Condition 2.4 and 2.7 of Resolution No. 4281. See Exhibit H of Attachment C. Planning Commission Report July 12, 2016 Revocation of CUP 2015-05& DR 2015-005 Page 8 • November 28, 2015 —Tustin PD documented that the restaurant operated past 2:20 AM. See Exhibit H of Attachment C. • January 7, 2016 — The Tustin City Attorney sent a letter to the business owner requiring immediate compliance with all conditions of approval related to Resolution No. 4281 or the City would schedule a public hearing before the Planning Commission seeking revocation of CUP 2015-05 and DR 2015-005. See Exhibit J of Attachment C. • January 18, 2016 — The business owner contacted the City Attorney. The business owner indicated his desire to obtain permission to expand the restaurant business into the adjoining business lease space. Also, the business owner indicated his desire to request that the Planning Commission modify his conditions of approval so that he could stay open later. The City Attorney verbally explained how to request Planning Commission consideration of such a request, but that the business had to comply with the existing conditions associated with Resolution No. 4281 until such time that they were formally modified by the Planning Commission. • February 4, 2016 to April 29, 2016 - Tustin PD visited the site ten (10) more times and found that the restaurant was operating after the hours limitations established by Condition no. 2.4 and 2.7 (seven (7) of the ten (10) visits were noted after midnight). See Exhibits M and N of Attachment C. • May 9, 2016 — City staff sent a notice to the business owner that staff had scheduled the revocation of CUP 2015-05 and DR 2015-005 for consideration by the Tustin Planning Commission. See Exhibit O of Attachment C. CONDITIONS OF APPROVAL THAT HAVE BEEN VIOLATED Resolution No. 4281 included the following conditions that are pertinent to this report: 1.6 Conditional Use Permit 2015-05 and Design Review 2015-005 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 2015-05 and Design Review 2015-005, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or 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. 1.8 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable Planning Commission Report July 12, 2016 Revocation of CUP 2015-05& DR 2015-005 Page 9 notice, hearing, and appeal process as established by the City Council by ordinance. 2.4 Business hours are limited to the following: • Restaurant may operate until 11:00 PM on weekdays and until 12.00 AM on weekends. • Outdoor seating operations shall terminate no later than 11:00 PM daily. Hours of sales of alcoholic beverages shall be limited to the hours when food is available. Operation of an outdoor restaurant seating area shall be permitted only at such times as the main restaurant use is open. 2.7 This approval authorizes a Type 41 ABC License (on-site beer and wine sales) in conjunction with a bona fide public eating place. The proposed on- site consumption of beer and wine must be consistent with the Department of Alcoholic Beverage Control requirements. Any changes and/or upgrades to the ABC License shall be reviewed and approved by the Community Development Director. The sale and consumption of alcoholic beverages in the outdoor restaurant seating area shall be restricted by and subject to any required State Alcoholic Beverage Control or other applicable license or permit governing the restaurant. Any outdoor restaurant seating area where alcoholic beverages are sold or consumed shall be enclosed by a border and shall be supervised at all times by an employee of the restaurant. No alcoholic beverages may be removed from the outdoor restaurant seating area, except to the interior of the restaurant. 2.9 All restaurant use shall comply with the City's Noise Ordinance. 2.10 No live entertainment or amplified noise is permitted without a valid Live Entertainment Permit. 2.13 The restaurant establishment shall have a maximum of thirty-six (36) seats indoors and thirty-two (32) seats outdoors. Any increase in the number of seats is subject to written approval from the Community Development Director. All outdoor furniture and fixtures must be of durable and sturdy construction and suitable for outdoor use. Furniture shall be in good condition without any visible dents, tears, rust, corrosion, or chipped or peeling paint and that it be in a clean condition at all times. FINDINGS Restaurants serving alcohol with outdoor seating that operate late at night have the potential to negatively impact the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such use. Such activities could also be injurious or detrimental to property and improvements in the neighborhood or to the Planning Commission Report July 12, 2016 Revocation of CUP 2015-05 & DR 2015-005 Page 10 general welfare of the City. To prevent these potential impacts, the Tustin Zoning Code identifies such uses as discretionary (not an outright permitted use), that requires the Tustin Planning Commission to review and approve the proposed business operation (CUP 2015-05 and DR 2015-005) at a public hearing. When determined appropriate and necessary, the Tustin Planning Commission may apply reasonable conditions to their approval to ensure that the use does not operate in a manner that is detrimental to the community. Alcohol sales and an outdoor seating area proposed for the Ivy Lounge restaurant were reviewed by the Tustin Planning Commission when it considered and approved CUP 2015-05 and DR 2015-005 on April 28, 2015. At that time, the Tustin Planning Commission approved both discretionary actions with conditions of approval intended to prevent the business from operating in a detrimental manner. The business owner and the property owner were present during the public hearing on the matter and executed the City's Agreement to Conditions form that was later recorded on the property's title. Yet, the Tustin Police Department began documenting violations of the approved conditions of approval within 17 days of the Planning Commission's approval of CUP 2015-05 and DR 2015-005. Since approval of CUP 2015-05 and DR 2015-005, several citizen noise complaints have been received by Tustin PD related to late-night operation of the Ivy Lounge. The noise was investigated and determined to be coming from the open patio area and from loud music from the interior of the business late at night. The repetitive noise late at night interferes with the peaceful use and enjoyment of nearby properties. Repetitive police activity can also cause citizen concerns about the perceived safety of the neighborhood or Old Town in general. The seating limitation required by the Planning Commission was intended to prevent parking congestion on the site or in the neighborhood. Additional seating also contributes to the cumulative late night noise coming from the outdoor patio. Any activity that results in staff or police monitoring, policing, enforcement, etc., takes those staff members and police officers away from other activities and assignments. The business owner has indicated to staff that his restaurant is popular and that his clientele seeks restaurants that serve later than the limitations established by Resolution No. 4281. Web search of the business indicates that the business opens 11 AM to 12 AM Sunday — Thursday and 11 AM to 2 AM on Friday and Saturday. The restaurant's illegal extension of its business hours and increased seating/parking demand may only be modified when authorized by the City through a noticed public hearing of the Planning Commission. City staff, Tustin PD, and the City Attorney spent numerous hours investigating this case, writing letters, issuing citations, and meeting with the restaurant owner but have been unsuccessful in obtaining compliance with all conditions of Resolution No. 4281. Recently, the City Attorney instructed the business owner on the procedure to formally request Planning Commission to remove or modify conditions of approval, but reminded him that he must comply with the existing conditions of Resolution No. 4281 until such time that a formal application to revise them is considered and approved. Yet, the Tustin Police Planning Commission Report July 12, 2016 Revocation of CUP 2015-OS & DR 2015-005 Page 11 Department documented ten (10) additional violations of the approved conditions of approval that began only 17 days after the City Attomey's conversation with the business owner. The business owner's disregard of Resolution No. 4281's conditions of approval potentially subjects the public to continuing detrimental impacts that meets the requirements of TCC Section 9293; that the operation of the restaurant is 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. The business owner disregarded the stipulations he agreed to at the Planning Commission hearing on June 14, 2016, since no new purchaser has been presented nor has an acknowledgement of the enforcement actions or the acceptance of the conditions of approval been provided. The owner has not reimbursed the City for any administrative costs related to enforcement actions incurred to date nor did he pay after the City provided him with the invoice and a date by which to pay. Pursuant to TCC Section 9293, the Tustin City Council is responsible for acting on recommendations for revocation of a CUP. However, the Planning Commission is required to conduct a hearing and transmit a report of its findings to the City Council for their consideration. Resolution No. 4313 (Attachment D) has been prepared for the Planning Commission's consideration. Dana L. Ogdon, AlCP Elizabeth A. Binsack Assistant Director - Building Director of Community Development sting Willkom Assistant Director Planning Attachments: A: Planning Commission Resolution No. 4281 B: Executed Agreement to Conditions of Approval C: Code Enforcement Case Report D: Planning Commission Resolution No. 4313 ATTACHMENT A Planning Commission Resolution No. 4281 RESOLUTION NO. 4281 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 2015-05 AND DESIGN REVIEW 2015-005 AUTHORIZING ON-SITE ALCOHOLIC BEVERAGE SALES FOR BEER AND WINE (ABC LICENSE TYPE "41") IN CONJUNCTION WITH RESTAURANT WITHIN A 1,386 SQUARE FOOT TENANT SPACE AND THE ESTABLISHMENT OF A 545 SQUARE FOOT OUTDOOR SEATING AREA LOCATED AT 14001 NEWPORT AVENUE, UNIT A. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. A proper application was filed by Vahid Adamkhoshbakht of Ivy Lounge and Grill Restaurant, requesting authorization for on-site alcoholic beverage sales for beer and wine (ABC License Type "41") in conjunction with a bona fide restaurant located in a 1,386 square foot tenant space and the establishment of a 545 square foot outdoor seating area located at 14001 Newport Avenue, Unit A. B. The project site is located within the Central Commercial (C2) and Combining Parking District (P) zoning districts and has a General Plan land use designation of Old Town Commercial which provides for a variety of retail and service commercial uses including restaurant uses. Pursuant to Tustin City Code (TCC) Sections 9233b(1) and 9232b(2), alcoholic beverage sales establishments are conditionally permitted in the Central Commercial District. Section 9299b of the TCC authorizes the Zoning Administrator to forward any matter listed to the Planning Commission for consideration and action. Pursuant to Section 9277 of the TCC, approval of a DR is required for outdoor restaurant seating areas. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. C. The proposed restaurant use is located in a commercial building and commercial corridor where a variety of retail and restaurant uses are located. The characteristics of the proposed use and hours of operation would be similar to other restaurants in the vicinity. D. This project has been deferred from the Zoning Administrator to the Planning Commission due to prior Code Enforcement violations, construction without a permit, and business hours pass midnight. E. That due to prior Code Enforcement violations and construction without permits, a pre-citation notice is included herein. Resolution No. 4281 Page 2 F. That a public hearing was duly called, noticed, and held for Conditional Use Permit 2015-05 and DR 2015-005 on April 28, 2015, by the Planning Commission. G. That the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare; the location, size, architectural features and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, the occupancy thereof, or the community as a whole of the City of Tustin in that: 1. The proposed sale of on-site alcoholic beverages in conjunction with an existing restaurant use is allowed within the Central Commercial (C2) zoning district with the approval of a Conditional Use Permit (Tustin City Code Section 9233(b)1 and 9232(b)2). 2. Pursuant to Tustin City Code Section 9271(dd), bona fide restaurants with on-site alcoholic beverage sales are exempt from distance separation requirements to residential uses, sensitive uses, and other alcoholic beverage sales establishments. 3. As conditioned, the proposed on-site consumption of beer and wine is consistent with the Alcoholic Beverage Sales Establishment Guidelines as amended by the Planning Commission and adopted by the City Council on May 21, 2001. 4. The existing and proposed on-site consumption of alcoholic beverages would be in conjunction with a restaurant use where food will be served at all times when alcoholic beverages are served. 5. The location of the outdoor seating area meets the distance separation from certain uses identified in the current outdoor seating guidelines. 6. The design for the outdoor seating area are compatible with the proposed overall design of the building. 7. The outdoor seating area is included in the parking analysis for the restaurant use, which can be accommodated by the existing parking. 8. The restaurant is located within a commercial building and a commercial corridor along Newport Avenue where a variety of retail, office, and restaurant uses are located. The recommended restaurant hours of operation of 11:00 PM on weekdays and 12:00 AM midnight on weekends with outdoor seating terminating at 11:00 PM are consistent with the characteristics of restaurant uses and hours of operation of the restaurant would be similar to other restaurants in the vicinity. Resolution No. 4281 Page 3 9. The Tustin Police Department has reviewed the application and has no immediate concerns. H. This project is Categorically Exempt pursuant to Section 15301, Class 1 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Conditional Use Permit 2015-05 and Design Review 2015-005 authorizing the sale of alcoholic beverages in conjunction with an existing 1,386 square-foot restaurant and 545 square-foot outdoor seating area located at 14001 Newport Ave., Suite A, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 28th day of April, 2015. JE H SON 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. 4281 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 28th day of April, 2015. PLANNING COMMISSIONER AYES: Altowaiji, Kozak, Lumbard, Smith, Thompson (5) PLANNING COMMISSIONER NOES. PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4281 CONDITIONAL USE PERMIT 2015-05 DESIGN REVIEW 2015-005 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform to the submitted plans for the project date stamped April 28, 2015, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 2015-05 and Design Review 2015-005 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval' form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 4281 Page 2 (1) 1.5 This condition shall serve to inform the responsible person(s) of the compliance requirements pursuant to the Tustin City Code (TCC) and/or other applicable codes, laws, and conditions. Failure to comply with the conditions of approval set forth herein may result in the issuance of an administrative citation pursuant to TCC 1162(a). Fines may be assessed by means of an administrative citation as follows: $100.00 for a first violation; $200.00 for a second violation of the same ordinance or permit within one year of the first violation; or $500.00 for a third or any further violation of the same ordinance or permit within one year of the first violation. Building and Safety Code (TCC Sec. 8100 — 8999) violations may be assessed at $100.00 for a first violation; $500.00 for a second violation of the same ordinance or permit within one year of the first violation; or $1,000.00 for a third or any further violation of the same ordinance or permit within one year of the first violation. The City may also take further legal action including issuing the responsible person(s) a criminal citation and/or abating the violation(s) with the cost of such abatement and/or prosecution assessed against the responsible person(s), the property owner(s), and/or the property as a lien. (1) 1.6 Conditional Use Permit 2015-05 and Design Review 2015-005 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 2015- 05 and Design Review 2015-005, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or 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. (1) 1.7 As a condition of approval of Conditional Use Permit 2015-05 and Design Review 2015-005, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in the defense of any such action under this condition. Exhibit A Resolution No. 4281 Page 3 (1) 1.8 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.9 The applicant shall obtain the appropriate license from the State Department of Alcoholic Beverage Control for the type of alcoholic sales authorized for the site (Type 41). A copy shall be provided to the City prior to final inspection. 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 in the Tustin City Code. USE RESTRICTIONS (1) 2.1 The approval is for a restaurant use with on-site beer and wine license and outdoor seating only. (1) 2.2 The applicant shall comply with all applicable federal, state, county and city laws and regulations concerning accessibility and nondiscrimination in the provision of services, and operation of the outdoor restaurant seating area shall not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. (1) 2.3 No outdoor keeping or storage of food or beverages to be served shall be permitted. No open keeping or storage of used dishes, utensils or food scraps shall be permitted. Self-closing outside trash containers shall be provided to the satisfaction of the Community Development Department. All outdoor restaurant seating areas shall be cleaned on a continual daily basis. (1) 2.4 Business hours are limited to the following: • Restaurant may operate until 11:00 PM on weekdays and until 12:00 AM on weekends. • Outdoor seating operations shall terminate no later than 11:00 PM daily. Hours of sales of alcoholic beverages shall be limited to the hours when food is available. Operation of an outdoor restaurant seating area shall be permitted only at such times as the main restaurant use is open. Exhibit A Resolution No. 4281 Page 4 (1) 2.5 An outdoor restaurant seating area may have a menu board that does not exceed six (6) square feet in area. (1) 2.6 Doors from the main restaurant to the outdoor restaurant seating area shall be self-closing. (1) 2.7 This approval authorizes a Type 41 ABC License (on-site beer and wine sales) in conjunction with a bona fide public eating place. The proposed on-site consumption of beer and wine must be consistent with the Department of Alcoholic Beverage Control requirements. Any changes and/or upgrades to the ABC License shall be reviewed and approved by the Community Development Director. The sale and consumption of alcoholic beverages in the outdoor restaurant seating area shall be restricted by and subject to any required State Alcoholic Beverage Control or other applicable license or permit governing the restaurant. Any outdoor restaurant seating area where alcoholic beverages are sold or consumed shall be enclosed by a border and shall be supervised at all times by an employee of the restaurant. No alcoholic beverages may be removed from the outdoor restaurant seating area, except to the interior of the restaurant. (1) 2.8 The outdoor restaurant seating area shall not obstruct any fire exit, fire escape, or other required ingress or egress to any structure or property. (1) 2.9 All restaurant use shall comply with the City's Noise Ordinance. (1) 2.10 No Live entertainment or amplified noise is permitted without a valid Live Entertainment Permit. (1) 2.11 Lighting shall be provided to illuminate the outdoor restaurant seating area. (1) 2.12 Outdoor restaurant seating area must comply with the approved plans and regulations and requirements set forth in TCC Section 9277. Any significant modifications to the outdoor seating area or seating within must be approved by the Community Development Director. (1) 2.13 The restaurant establishment shall have a maximum of thirty-six (36) seats indoors and thirty-two (32) seats outdoors. Any increase in the number of seats is subject to written approval from the Community Development Director. All outdoor furniture and fixtures must be of durable and sturdy construction and suitable for outdoor use. Furniture shall be in good condition without any visible dents, tears, rust, corrosion, or chipped or peeling paint and that it be in a clean condition at all times. Exhibit A Resolution No. 4281 Page 5 (1) 2.14 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. (1) 2.15 The menu of the restaurant shall consist of foods that are prepared on the premises. (1) 2.16 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. (1) 2.17 The gross annual sales receipts shall be provided to the Community Development Department annually. To verify that the gross annual sale of food exceeds the gross annual alcohol sales, an audited financial statement shall be provided for review and approval by the Community Development Director upon request. If the audited financial statement demonstrates that the sale of alcohol exceeds the sale of food, the sale of alcoholic beverages shall cease immediately. (1) 2.18 "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. (1) 2.19 All litter shall be removed from the exterior areas around the premises including public sidewalk areas and parking areas, no less frequently than once each day that the business is open. Trash receptacles shall be provided in the outdoor dining area. All litter shall be removed from the exterior areas around the premises including public sidewalk areas and parking areas, no less frequently than once each day that the business is open. (1) 2.20 No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. (1) 2.21 All on-site signs, including permanent and temporary signs/banners, shall comply with the City of Tustin Sign Code. (1) 2.22 Outdoor furnishings, umbrellas, etc. shall not encroach into the City right of way unless a license is obtained from the Public Works Department. *** 2.23 If in the future the City determines that a parking problem exists on the site or in the vicinity as a result of the proposed project, the Community Development Director may require the applicant to prepare a parking demand analysis and bear all associated costs. If the study indicates that there is inadequate parking, the applicant shall be required to provide Exhibit A Resolution No. 4281 Page 6 immediate interim and permanent mitigation measures to be reviewed and approved by the Community Development Department and the Public Works Department. Any future parking studies shall consider possible changes to the number of seats or outdoor area as allowable under Tustin City Code Section 9277. PLAN SUBMITTAL (1) 3.1 At the time of building permit application, the plans shall comply with the latest edition of the codes, City Ordinances, State, Federal laws, and regulations as adopted by the City Council of the City of Tustin. At plan check, all exterior colors and materials shall be submitted for review and approval by the Community Development Department. (1) 3.2 Prior to issuance of building permit, Orange County Environmental Health and Orange County Fire Authority approval is required. (1) 3.3 Masonry wall shall include a uniform cap for all wall segments to be approved by the Community Development Director prior to the issuance of a building permit. (1) 3.4 Current Federal Americans with Disabilities Act (ADA) requirements *** shall be met at all driveways and sidewalks adjacent to the site. (1) 3.5 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). A. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least 50 percent of the project waste material. B. The applicant will be required to submit a $50.00 application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit will be determined by the Public Works Department in an amount not to exceed five (5) percent of the project's valuation. C. Prior to issuance of any permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin." Exhibit A Resolution No. 4281 Page 7 (1) 3.6 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer. FEES (1) 4.1 Prior to issuance of any permits, payment shall be made of all applicable fees, including but not limited to, the following: • Building and Planning plan check and permit fees • Encroachment Permit plan check and permit fees • Orange County Fire Authority fees (1, 5) 4.2 Within forty eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. ATTACHMENT B Executed Agreement to Conditions of Approval A&A�EfW f TO OO ITla v..IPOSEm I, the undersigned, hereby agree to comply with all conditions imposed by the Community Development Department and Planning Commission of the City of Tustin on approval of Conditional Use Permit 2015-05 and Design Review 2015-005 with conditions as stated in Exhibit A of Resolution No. 4281 attached to the letter dated April 29, 2015. Vahid AdamWh—os-hb—aW7TV _ age & Grill Applicant Loui r e r- TusnN W�Nc�,l.Le Pro erty ner CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of K_A r", On tM 4 i 2 D IS before me, Irl-c t I SSU 4-h n ,(9 h n S an No_Mr' p,,b C Date Here Insert Name and Title of the' icer personally appeared V 4 h a,,<.. .k h c S h b a K h +" Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(e) whose name(a)-is/am subscribed to the within instrument and acknowledged to me that he/shefthey executed the same in his/herftheir authorized capacity(ies),and that by his/herftheir signature(s)on the instrument the person(4 or the entity upon behalf of which the person(s)-acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. MELISSA ANN JOHNSON COMM.#2034875 WITNESS my hand and official seal. NOTARY PUBLIC-CALIFORNIAl7 ORANGE COUNTY O 11 COMM EXPIRES JULY 27,2017- Signature Signature of Notary_Pugfic Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document:A-p 1- {, (o nd,h ons Tm Io 0 3-f d Document Date: Number of Pages: Signer(s) Other Than Named Above: 'Ga Ity(ies) Claimed by Signer(s) Signer's NaSigner's Name: ❑Corporate Officer — Title(s: ❑Corporate Officer — Titl s ❑Partner — ❑Limited ❑Generalartner — tlmited ❑General ❑Individual ❑Attorney in Fact Andi I tom❑Attorney in Fact ❑Trustee ❑Guardian or Conservato ❑Trustee ❑-G ardiau o`onservator ❑Other: ❑ Other. Signer Is Representing: — Signer Is Representing: ©2014 Nitional Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 ACKNOWLEDGMENT A, rctar j p c ••r cti er off'car comp e`Ing to s certificate ve f'es only the ident tj of the individual Nho signed the document to wh'ch this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of Loi'b7iLz�� S On /-ye?- 1.S before me, NCbt 6 i n 7set i A Notary Public personally appeared 0-k 'V64 L-Pu t r o proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i re subscribed to the within instrument and acknowledged to at h she they executed the same in his/ e�heir authorized capacity(ies), and that by hqLhe5rheir slgnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. T NU81N TSAI Commission#2091222 Z 'O1 ,u}' Notary Public•Calllornla = ,.� tos Angeles County omrn Expires Nov 24,2018 SignatureAu ..commiss q x-i Notary Public*201222 California i Los Angeles County a sty Comm Expires Nov 24,2018 r (Seal) This Document was electronically recorded by City of Tustin Recorded in Official Records,Orange County RECORDING REQUESTED BY Hugh Nguyen, Clerk-Recorder AND WHEN RECORDED MAIL TO. III�IIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIDIIIIIIII�IIIIIIIIIIIIIIIII�15.00 Director of Community Development 2015000242764 12:50pm 05/11/15 300 Centennial Way 217 Sec4 Al2 F13 3 Tustin, CA 92780-3767 0.00 0.00 0.00 0.00 6.00 0.00 0.00 0.00 Space Above This Line For Recorder's Use Only AGREEMENT WITH CONDITIONS OF APPROVAL DISCRETIONARY PERMIT APPROVAL 1, Project Name: Restaurant 2. Name of Applicant(s): Vahid Adamkhoshbakht 3. File Number: CUP 2015-05 & DR 2015-005 4. Resolution Nos.: 4281 5. Assessor's Parcel Number(s) of Property: 401-641-11 6. Street Address of Property: 14001 Newport Ave., #A, Tustin, CA 7. Legal Description of Property: Exhibit"A" 8. Type of Discretionary Permit: Conditional Use Permit/Design Review 9, Property Owner: Tustin Lam Wong LLC Notice is hereby given that a discretionary permit was approved by the City of Tustin for the Project at the Property, as described above. The discretionary permit was approved subject to certain specified conditions of approval which adply to the ions of a Property royal nd acknowledeof es that the Property. The Property Owner a reel to these con these conditions of approval run with the land and constitute eo a aress limitatio binding on ad restrictions on the use of the Prove . These conditions of app persons who own or occupy the Property. A copy of the discretionary permit and the conditions of approval are on file in the Office of the Director of Community Development of the City of Tustin. OWNER(S) SIGNATURES: Date: jChin ouie, Authorized Date: Tustin Lam Wong, LLC Date, Notes: Legal Description of Property must be attached as Exhibit "A" Public. Signatures of Owner(s) must be acknowledged before a notary p ACKNOWLEDGMENT A ncEary public er cther officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los f7vlz-6-�-f::' On Me before me, >61t A Notary Public personally appeared O_k 6L4 /--Vat r7— - o proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i re subscribed to the within instrument and acknowledged to h she they executed the same in his/heir authorized capacity(ies), and that by h;51kait eir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. A'. Commission#20191222 Notary Public-California z z 1 os Angeles County g> Ov � s. Signature -ice - - AU81N TSAI Commission#2091222 .,:����-,� Notary Public Califprnia � ,. Los Angeles County COMM Expires Nov 24,201e (Seal) EMBIT "A" LEGAL DESCRIPTION OF PROPERTY LOT 1,AS SHOWN AND DESCRIBED ON EXHIBIT"A" ATTACHED TO LOT LINE ADJUSTMENT NO. 2006-08 RECORDED SEPTEMBER 7, 2006 AS INSTRUMENT NO. 2006000599111 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. APN: 401-641-11 nn i lhn m+(x• EXHIBIT"A" 239202-00002/5-26-1 0/saj/sai CALIFORNIA ASSOCIATION PROPERTY MANAGEMENT AGREEMENT IRS4y O OF REALTORS© (C.A.R.Form PMA,Revised 4/09) Tustin Lam Wong, LLC a California Limited Liability Company ("Owner"),and Louie Properties Inc ("Broker"),agree as follows: I. APPOINTMENT OF BROKER: Owner hereby appoints and grants Broker the exclusive right to rent, lease,operate, and manage the property(ies) known as 14001 Newport Avenue Tustin CA 92780-7829 and any additional property which may later be added to this Agreement("Property") upon the terms below,for the period beginning(date) May 28, 2010 and ending (date) May 31, 2011 ,at 11:59 PM. (If checked:)® Either party may terminate this Property Management Agreement ("Agreement") on at least 30 days written notice 3 months after the original commencement date of this Agreement.After the exclusive term expires,this Agreement shall continue as a non-exclusive agreement that either party may terminate by giving at least 30 days written notice to the other. 2. BROKER ACCEPTANCE: Broker accepts the appointment and grant,and agrees to: A. Use due diligence in the performance of this Agreement. B. Fumish the services of its firm for the rental,leasing,operation and management of the Property. 3. AUTHORITY AND POWERS:Owner grants Broker the authority and power,at Owner's expense,to: A. ADVERTISING:Display FOR RENT/LEASE and similar signs on the Property and advertise the availability of the Property,or any part thereof,for rental or lease. B. RENTAL; LEASING: Initlate,sign, renew, modify or cancel rental agreements and leases for the Property, or any part thereof;collect and give receipts for rents,other fees,charges and security deposits.Any lease or rental agreement executed by Broker for Owner shall not exceed year(s)or ❑ shall be month-to-month. Unless Owner authorizes a lower amount, rent shall be:® at market rate;OR ❑ a minimum of per ;OR ❑ see attachment. C. TENANCY TERMINATION: Sign and serve in Owner's name notices that are required or appropriate; commence and prosecute actions to evict tenants; recover possession of the Property in Owner's name;recover rents and other sums due;and,when expedient, settle, compromise and release claims,actions and suits and/or reinstate tenancies. D. REPAIR; MAINTENANCE: Make, cause to be made, and/or supervise repairs, Improvements, alterations and decorations to the Property; purchase,and pay bilis for,services and supplies.Broker shall obtain prior approval of Owner for all expenditures over$ 2,000.00 for any one item.Prior approval shall not be required for monthly or recurring operating charges or,if in Broker's opinion,emergency expenditures over the maximum are needed to protect the Property or other property(les) from damage, prevent injury to persons, avoid suspension of necessary services,avoid penalties or fines,or suspension of services to tenants required by a lease or rental agreement or by law,including,but not limited to,maintaining the Property in a condition fit for human habitation as required by Civil Code§§1941 and 1941 1 and Health and Safety Code§§17920.3 and 17920.10. E. REPORTS, NOTICES AND SIGNS: Comply with federal, state or local law requiring delivery of reports or notices and/or posting of signs or notices. F. CONTRACTS; SERVICES: Contract, hire, supervise and/or discharge firms and persons, Including utilities, required for the ope(ation and maintenance of the Property. Broker may perform any of Broker's duties through attorneys, agents, employees,or independent contractors and, except for persons working in Broker's firm,shall not be responsible for their acts,omissions,defaults,negligence and/or costs of same. G. EXPENSE PAYMENTS: Pay expenses and costs for the Property from Owner's funds held by Broker, unless otherwise directed by Owner Expenses and costs may include, but are not limited to, property management compensation, fees and charges, expenses for goods and services,property taxes and other taxes,Owner's Association dues,assessments,loan payments and Insurance premiums. H. SECURITY DEPOSITS: Receive security deposits from tenants, which deposits shall be M given to Owner, or❑ placed in Broker's trust account and, if held in Broker's trust account, pay from Owner's funds all interest on tenants' security deposits if required by local law or ordinance.Owner shall be responsible to tenants for return of security deposits and all interest due on security deposits held by Owner. 1. TRUST FUNDS:Deposit all receipts collected for Owner, less any sums properly deducted or disbursed,in a financial institution whose deposits are Insured by an agency of the United States government.The funds shall be held in a trust account separate from Broker's personal accounts. Broker shall not be liable In event of bankruptcy or failure of a financial Institution. J. RESERVES:Maintain a reserve in Broker's trust account of$ 5,000.oo K. DISBURSEMENTS:Disburse Owner's funds,held in Broker's trust account,in the following order: (1) Compensation due Broker under paragraph 6. (2) All other operating expenses,costs and disbursements payable from Owner's funds held by Broker. (3) Reserves and security deposits held by Broker. (4) Balance to Owner. L. OWNER DISTRIBUTION:Remit funds,if any are available, month y(or❑ TBD ),to Owner. M. OWNER STATEMENTS:Render monthly,(or[] ),statements of receipts,expenses and charges for each Property. N. BROKER FUNDS:Broker shall not advance Broker's own funds in connection with the Property or this Agreement O. KEYSAFE/LOCKBOX:® (if checked) Owner authorizes the use of a keysafe/lockbox to allow entry into the Property and ag-ees to sign a keysafe/lockbox addendum(C.A.R.Form KLA). The copyright laws of the United States(Title 17 U S Code)forbid the unauthorized Owner's Initials reproduction of this form,or any portion thereof,by photocopy machine or any other Brokers initials ( )( ) ,ens, Including facsimile or computerized formats. Copyright m 1991-2009, .IFORNAASSOCIATION OF REALTORS®,INC ALL RIGHTS RESERVED. 121 MA REVISED 4/09(PAGE 1 OF 3) Reviewed by Date EOUALNOUSINO OPPORTUNITY PROPERTY MANAGEMENT AGREEMENT(PMA PAGE 1 OF 3) Ayen[: Ching Sze Louie - - �----- - Phone:626-291-5555 Fax.626.291.5580 Prepared using zipForm®software Broker: Louie Properties,Inc.6936 Temple City Blvd Temple City,CA 91780 Owner Name. Tustin Lam Wong, LLC a California Limited Liability Company Date:May 28, 2010 4. OWNER RESPONSIBILITIES:Owner shall: A. Provide all documentatio-,records and disclosures as required by law or required by Broker to manage and operate the Property and immediately notify Broker If Owner becomes aware of any change in such documentation,records or disclosures, or any matter affecting the habitability of the Property B. Indemnify,defend and hold•-armless Broker,and all persons in Broker's firm,regardless of responsibility,from all costs,expenses,suits,liabilities, damages,attorney fees and claims of every type, including but not limited to those arising out of injury or death of any person,or damage to any real or personal property of any person,including Owner,for.(1)any repairs performed by Owner or by others hired directly by Owner,or(ii)those relating to the management, leasing, rental, security deposits, or operation of the Property by Broker, or any person in Broker's firm, or the performance or exercise of any of the duties,powers or authorities granted to Broker. C. Maintain the Property in a condition fit for human habitation as required by Civil Code§§1941 and 1941.1 and Health and Safety Code§§17920.3 and 17920.10 and other applicable law. D. Pay all interest on tenants'security deposits if required by local law or ordinance. E. Carry and pay for. (i) public and premises liability insurance in an amount of no less than $1,000,000; and (ii) property damage and worker's compensation insurance adequate to protect the interests of Owner and Broker.Broker shall be,and Owner authorizes Broker to be,named as an additional insured party on Owner's policies. F. Pay any late charges,penalties and/or interest imposed by lenders or other parties for failure to make payment to those parties,if the failure is due to Insufficient funds in Broker's trust account available for such payment. G. Immediately replace any funds required if there are insufficient funds in Broker's trust account to cover Owner's responsibilities. 5. DISCLOSURE: A. LEAD-BASED PAINT (1) ® The Property was constructed on or after January 1, 1978. OR(2) ❑ The Property was constructed prior to 1978. (1) Owner has no knowledge of lead-based paint or lead-based paint hazards In the housing except: (ii)Owner has no reports or records pertaining to lead-based paint or lead-based hazards in the housing, except the following, which Owner shall provide to Broker., B. POOUSPA DRAIN Any pool or spa on the property does(or, ❑ does not)have an approved anti-entrapment drain cover,device or system. 6. COMPENSATION: A. Owner agrees to pay Broker fees in the amounts indicated below for: (1) Management: .5.00* of Gross Rental income (2) Renting or Leasing: 6.00-W total commission (3) Evictions: Not Included- Owner to vrocure attorney at Owners expense. (4) Preparing Property for rental or lease:0250.00 (5) Managing Property during extended periods of vacancy: 5.00* of Gross Rental Income (6) An overhead and service fee added to the cost of all work performed by,or at the direction of,Broker: $35.00 per hour (7) Other Management will serve Notice to Pay or Ouit for delinquent rents B. This Agreement does not Include providing on-site management services,property sales, refinancing, preparing Property for sale or refinancing modernization, fire or major damage restoration, rehabilitation, obtaining Income tax, accounting or legal advlce, representation before public agencies, advising on proposed new construction,debt collection,counseling,attending Owner's Association meetings or If Owner requests Broker to perform services not Included in this Agreement,a fee shall be agreed upon before these services are performed. C. Broker may divide compensation,fees and charges due under this Agreement in any manner acceptable to Broker. D. Owner further agrees that: (1) Broker may receive and keep fees and charges from tenants for. (1) requesting an assignment of lease or sublease of the Property; (ii) processing credit applications;(ill)any returned checks and/or❑ if checked) late payments; and (Iv) any other services that are not in conflict with this Agreement. (2) Broker may perform any of Broker's duties,and obtain necessary products and services,through affiliated companies or organizations in which Broker may own an interest.Broker may receive fees,commissions and/or profits from these affiliated companies or organizations.Broker has an ownership interest in the following affiliated companies or organizations: Broker shall disclose to Owner any other such relatlonships as they occur. Broker shall not receive any fees, commissions or profits from unaffiliated companies or organizations In the performance of this Agreement,without prior disclosure to Owner. (3) Other. 7. AGENCY RELATIONSHIPS: Broker shall act, and Owner hereby consents to Broker acting, as dual agent for Owner and tenant(s) in any resulting transaction. If the Property includes residential property with one-to-four dwelling units and this Agreement permits a tenancy in excess of one year, Owner acknowledges receipt of the "Disclosure Regarding Agency Relationships" (C.A.R. Form AD). Owner understands that Broker may have or obtain property management agreements on other property,and that potential tenants may consider,make offers on,or lease through Broker,property the same as or similar to Owner's Property. Owner consents to Broker's representation of other owners' properties before, during and after the expiration of this Agreement. 8. NOTICES:Any written notice to Owner or Broker required under this Agreement shall be served by sending such notice by first class mail or other agreed-to delivery method to that party at the address below, or at any different address the parties may later designate for this purpose. Notice shall be deemed received three(3)calendar days after deposit into the United States mail ORD Owner's Initials ( )( ) Broker's Initials Copyright©1991-2009,CALIFORNIA ASSOCIATION OF REALTORS©,INC. PMA REVISED 4/09PAGE 2 OF 3 Reviewed by Date EOUALNOUSING 4/09(PAGE OPPORTUNITY PPr1PFPTV RRA%IA*--cRRCnIT A(-_0I=cRRCArr fMRA MA r+= It nr- T. "kh, ; Owner Name: Tustin Lam F2na, LLC a California Limited Liability Company Date:May 28, 2010 9. DISPUTE RESOLUTION A. MEDIATION:Owner and Broke-agree to mediate any dispute or claim arising between them out of this Agreement,or any resulting transaction before resorting to arbitration or court action, subject to paragraph 9B(2) below. Paragraph 9B(2) below applies whether or not the arbitration provision is initialed.Mediation fees,if any,shall be divided equally among the parties involved. If,for any dispute or claim to which this paragraph applies,any party commences an action based on a dispute or claim to which this paragraph applies,without first attempting to resolve the matter through mediation,or refuses to mediate after a request has been made,then that party shall not be entitled to recover attorney fees,even if they would otherwise be available to that party in any such action.THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED. B. ARBITRATION OF DISPUTES: (1) Owner and Broker agree that any dispute or claim in law or equity arising between them regarding the obligation to pay compensation under this agreement, which is not settled through mediation, shall be decided by neutral, binding arbitration, including and subject to paragraph 9B(2) below. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate law experience, unless the parties mutually agree to a different arbitrator, who shall render an award in,accordance with substantive California Law. The parties shall have the right to discovery in accordance with Code of Civil Procedure § 1283.05. In all other respects, the arbitration shall be conducted in accordance with Title 9 of Part III of the California Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction. Interpretation of this agreement to arbitrate shall be governed by the Federal Arbitration Act. (2) EXCLUSIONS FROM MEDIATION AND ARBITRATION: The following matters are excluded from mediation and arbitration hereunder: (1)a judiclal or non judicial foreclosure or other action or proceeding to enforce a deed of trust,mortgage,or installment land sale contract as defined in Civil Code § 2985; (11)an unlawful detalner action; (iii) the filing or enforcement of a mechanic's lien; and (Iv) any matter that is within the jurisdiction of a probate, small claims, or bankruptcy court.The filing of a court action to enable the recording of a notice of pending action,for order of attachment, receivership, Injunction, or other provisional remedies, shall not constitute a waiver of the mediation and arbitration provisions. "NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE `ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION." Owner's Initials I Broker's Initials EQUAL HOUSING OPPORTUNITY:The Property is offered in compliance with federal,state and local anti-discrimination laws. .t. ATTORNEY FEES: In any action, proceeding or arbitration between Owner and Broker regarding the obligation to pay compensation under this Agreement,the prevailing Owner or Broker shall be entitled to reasonable attorney fees and costs from the non-prevalling Owner or Broker,except as provided in paragraph 9A 12. ADDITIONAL TERMS: ❑ Keysafe/Lockbox Addendum(C.A.R Form KLA);❑ Lead-Based Paint and Lead Based Paint Hazards Disclosure C.A.R.Form FLD) 13. TIME OF ESSENCE; ENTIRE CONTRACT; CHANGES: Time is of the essence. All understandings between the parties are Incorporated in this Agreement. Its terms are Intended by the parties as a final,complete and exclusive expression of their Agreement with respect to its subject matter, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement.If any provision of this Agreement is held to be ineffective or Invalid,the remaining provisions will nevertheless be given full force and effect. Neither this Agreement nor any provision in It may be extended, amended, modified,altered or changed except In writing. This Agreement and any supplement, addendum or modification, including any copy,may be signed in two or more counterparts,all of which shall constitute one and the same writing. Owner warrants that Owner Is the owner of the Property or has the authority to execute this contract.Owner acknowledges Owner has read, understa ,accepts and pas re elved a copy of the Agreement. Owner Date Owner Tastin Laemona. LLC a C lifor Print Name Social Security/Tax ID#(for tax reporting purposes) Address 704 EZ Ataio Street City Los Angeles State CA Zip 90065 Telephone _(323)222-5225 Fax E-mail Owner Owner Date Print Name Social Security/Tax ID#(for tax reporting purposes) Address Telephone Fax city E-mail State zip Real Estate Broker(Fi ),Louie P erties Inc. Date By(Agent) g �� Ching Louie DRE Lic.#: Address 5936 Temp c *� ivd. City Temple City State r—A Zip 91780 Telephone _(6261 1-5.555 Fax (626)291-5580 E-mailChincrLoLie2aol rom THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS@(CAR.).NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR 'EQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE ANSACTIONS.IF YOU DESIRE LEGAL OR TAX ADVICE,CONSULT AN APPROPRIATE PROFESSIONAL. ais form is available for use by the entire real estate industry it is not intended to identify the user as a REALTOR@.REALTOR@ Is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS@ who subscribe to its Code of Ethics. t,�Fl Published and Distributed by: �. J< F F Cc ern_ ,-1 ' REAL_STATE BUSINESS SER�I�CS,INC. c a subsidiary of the California Association of REALTORS® EGU® OUSINC 525 South Virgil Avenue,Los Angeles California 90020 Reviewed by Date nPO HUMIN PMA REVISED 4/09 fPAGF R nF 41 _ nnonaniui*� PROPERTY MANAGEMENT AGREEMENT(PMA PAGE 3 OF 3) Tustin Shoppin ATTACHMENT C Code Enforcement Case Report Exhibit A Calls For Service Raport Generated b/1111 on 8 1/2315 CJty:TU Time Range: 05/15/15 00:01-08/07/15 23:591 Agency:FP I Address: 14001^34001^ANEWPORT^ STUMS74 P OBMAN& 28MM 418@ LOUD== 311 06 14001 NBWPORTAV 1044 0~5 23A4113 CASENUAB ER- LM""0157(TU) 1299 06118/15 282L04 INC67ENTNUMMR:6TUOO sm 1044 OSMBMS 23:44 3 Cla dWpo:ADVISED 1044 06M8M5 23AM COSSACK STIP P 03IMS O>0 &W 410 LOW== 310 86 140f NBEPORTAVM 1149 06128/15 OW;D CASE NUMBER= Lh16-O0010887(RI) 1239 8WW5 OZ44:60 saliwNuMMMMLuum 1149 08126116 02�I:11 MASAJ�fflw CRAZY FOR THE PAST 1.5 HRS 1149 OWAMS 02AM K osed diepo:A 1149 00=6 O NJO WARD FIT PAVIIC'D 9U0WA23B P 081WI# 2200= 415E LOW11111M 310 OB 44M0981POPORTAV9A 909 050W 291t.9`B4 CASE NUMBER w LI-184W 1326(TU) 1257 ow* 22fim INCIDENTNUMBERSTU009408 1267 OiMW16 221E LOVA MUM AND VEIAM 809 0$18W16 M3,*8 NUA DUE TO AA UM24=0 909 05190116 29:294 Closed dlepp:ADVI88D 009 06/90/16 232164 WEARD C"',`•" ,. "__` '; o8:07u TS TRAFFIC sRoP 410 PC 14001 NEWPORTAy 808 OW02 INCIDENT NUMBER.4TUO027249 809 081!7.62 C.,412 ,7WX704,CA 1121 -) 0@:14,02 Closed 04m:DRIVER¢PTLD 1121 0AEM 0014:09 LQRICH 8T OM676 P 07/17/18 R*W9 4156 LOAD MUSIC 212 06 14001)MWORTAV OA 1238 07/18/18 00001,00 CASE NUMBER m WRI1015401(TV) 1149 07117/16 23:MIQ INCH)ENTNUMBER.5T(100928T6 1230 07116M5 00.001)9 CWWdlepp:AQVIGED 1239 07118MO 00:W0.09 SMITH-PAM AND MUSIC TURNED DOWN ET0008MO P 07/88/18 014742 4158 LOUR MUSIC 913 05 44001 HXWPORT AV#A 1299 07128M5 01:26:48 CAB-NUMBER= LI.1&0W18042(TU) 1267 07PA115 01:17A2 INCIDENT NUMBER.5TU0033919 1267 07128/15 01:17A2 ALSO LOUD'OCREAMINO AND HOLLERING".RP WOULD LIKE TO SIGN 1239 07/,6 01:2546 Closed dwpo:ADVISED 1,299 WOMB 01:26.A8 FWATRICK-OWNI^RADVISED ANI)WILL TURN DOWN MUSIC 1230 07P18116 01:91:45 RP WAS CONTACTS),WILL FOLLOW UP WITH BUSINESS MCIGNSINC. r - I ) /<'W-:90 486B PETTY" E"INKE C4 03 1410 1ASV 10, 1;06 11:M0 CASE NUMBER m GR-1"CW4534(TU) 1 2 Tustin Police Department y F 7 Cells For Service Report Generated by 1111 on 8/7/201s NEUdLRdMft City:TU I Time Flange:Os/1s/1s 00:01-08/07/15 23:59 I Agency:FP I Address: 14001^14001AANF:WPORTA I A I OM I TWw hype WADI jUnk 04" jUxWon 1044 11100:80 INCIDENTNUMBEFt UW34M 1044 G 11:00:30 RIM BIKE WAB WAS CHAINED TO AN ELECTRICAL BOX AND TAKEN LAST NIGHT.UNC BURP CUT THROUC H TFC CHAIN.um vms THE um AND CHAIN.DWRY 3G FE BEACH C.RLMM VWM MXVHM&000 071615 1800.2000.RP IS NOW AT HOME ON OTCHELL 1108 1-7 ::. 11:19114 1049 RP-87 AT BACK DOOR 1188 111017 RP DO NOT IWOW SERIAL NUMBER FOR DESOREB PROS 1108 ..: ? 1116:10 CI9M dMpo:OW REPORT TAKEN 1106 ,._ . 11.98:10 OARZONE 48ORPT NUOOFt4648 P 08101MU 821:18:28 PC PATROL C HRM 889 Cap 14081 NEWPORT AN BA 1149 08101115 02:1824 INCIDENT N 1149 08101/16 02:18:43 Cbw9 dbpo:COP ACTIVITY 1149 08101195 02:18:43 IM9TMEY SUSJS OUT ON THE PATIO ST00084878 P 08101M5 239= PC PATROL CHECK 881 COP 14001 NEMPORrAVBA 1239 08101116 23:48:03 FNtIDENT 1239 08101116 23:47.13 Closed deo:COP ACTIVITY 1239 01IM1115 23:4713 WHI7EL.EY 1239 08102115 06:4697 SUSJS WERE OUT ON THE PATIO SMOKING HOOKAH 5TU0034883 P 08/0XIII 02:12:32 PC PATROL CHECK 831 COP 14001 MP*VPORT AV#A 1239 08/02/18 02:12:32 INCIDENT NUMBER-BT000340M 1239 08/02/15 0212:69 Clow!diepo:COP ACTIVITY 1239 011102H5 02.13:00 VIHRELEY-NUMEROUS PATRONS SMOKING HOOKAH OUTSIDE 0700084888 P 08/01115 02:40:17 41SE LOUD MUSK 310 OB 14001 NEWPORT AV#A 1239 08102115 0310254 CASE NUMBER= U-16-00016678(TU) 1239 08=5 0240:17 INCIDENT NUMBERSM034908 1239 08/02116 03:02:54 Cbwl cbpo:ADVISED 1239 08/02/15 03:0264 WARD-BUSN CLOSED FOR THE NIGHT 2 z. Exhibit 1 sLCMCE OF VIDLA' ONU -tCITA IO NOTICE L:OIi► MUNITY DEVELOPNIE�NT DEPARTMENT �` 300 Centennial Way, Tustin, CA 92780 Responsible Personye"Ai ; '. .G r. ii' R Date *A.it-20M Time Address a Phone���1— Description o#'vioiatioa(s)•7Gv,. .ec S a. °� _ �- . ,,��s-�, , r �. e►i•.,.: .. � +A9. - Ste•;.�, a+* o d'•�v�tB... As part of the continuing program of preserving thiel it�maving our . as inspection has been made of the property at the above location and the following violations)of the Tustin City Code 1TCC)were obsavai: ( )1.Abmhdated Ihtoptsable ( )5.Obstructing sweets, ( )g.Mobile Automobile Services ( )13.Prader at contact with 'tehicles or discarded property sidewalks.alloys and other public Porait Required T.C.C.3321 tatty required prior to container proldbited. T:CCSSW(a) property. T.CCT3t0 delivery. LCC 4321 1 )2..A Rooster eha11 be ( )6.Nie of ( 110.Human sighs shill be ( )14.Pmmit requited for balkma maintained a minimum of 100 feet landscape,dead or ovehgrown prohibited within 2W feet of any display(only permitted in tram any dwelling atnaarue, vvaadon prahhbited. -am inursecdcaL cunjwtmion wh ah a special event) T.C.C.4221010) M.C.5502(m)(1) MC. 9403(d)(151(a) � M.C.1403(d)(5) 1 t )3.t;mmaintaincd pool,or body ( )7.Flea and walls in ( ) 11.Business Liranhse Required ( ) 15.Sign permit require& of water prohibited. Aw*ahr prohibited. M.C.2512 M.C.9403 r C.C.5502(g) i C C.5502(ml(3) I )-l.No occupied beehive shall ( )B.Any condition wbh*exists ( 1 12.Prohibition on illicit he Closer than IOU feet from any upun any premiss that is connections and prohibited waidantia)strucam street or Jangerous to human lifts or is discharges W.C.4901 highway. 'r.C.C.4221(aX4) detrimental to health T C.C.5502(b) (�) t7.other:t'�+G�c3a.� ��c+l_G�.r+�.$��GN•'s �.�it„ � ; � .t.��,�v. � i� ( )�) 18.Other. Corrective Action(s): �y rlA J+aw j I+ ' #Eli PI'd 'a _ -r+ tire•. ��r?►. %-A -41 ve.a.414 1;4A S7 ��2.�•� .� � �vi �.Ir'J 7 .+'.� J7 moi. �'�-i✓d'7 v'�.vY • 1 It is necessary that all applicable approvals and permits are obtained and corrective action is taken to remedy the violation(s)noted above within day(s)from the date of this notice. This notice shall serve to inform the�responsible cam s of the compliance requirements pursuant to the TCC and/or applicable epics,laws,and conditions. Failure to comply with these requirements within the time specified may result in he issuance of an administrative citation pursuant to TCC 1162(a) or further legal action Reference Exhibit A on the nick aide of this notice). Once the %iolation(s) have been corrected, please contact the undersitmed so that the enforcement officer can re-inspect (he proocrty and potentially cmae-Mscme. it you need further clarification or assistance w th -his matter. contact the :dt:gjW at_M) 271.1)373-1135 ur(71 ) X73.3.49 unci re )i ?ec rnienr ! . .., . 1-.. ..•..a... _ _ Exhibit C pr HL CL M o CL c ' CL IC O CL 3 CL o w a �p �O_ A I� pr N n N 8 ..7 a N In n 8 pa N Nq N T !! S or O ? s a_ n 3 o c .-► n � � S c ID � v - S a y n S 'D ---_-__ ] \ ~ ` -� -- | - ' __ � --� kr � -1 - l L ` \��/ / ' ' ^�, ` �� / ___-� �/ �� / . / / ` � / ~ ( � � ^-___ __^ /' / `\ > � �__^ / 1 ` ^ � / . � ' J . j � � � . / ' ^l ea Bullock,Todd Send Saturday,October 03,2015 8:24 AM TO: Stem Brad;Trahan,Melissa swqeft Ivy Lounge An excerpt from Sgt. WhIteley's log from Friday night Atapproximately 11:45pm we tewh d a now complaint at the&y Lounge. I responded am&hear Me music from quAs a dkbv ce. 1 made corMct bide the lounge where they haat a DEI playing vary localnxwlc. There worn Mw about 20,30pffii+=on thepatio In vkWm of thek cel use permh The owner told me they wens gang to dam at 12.71 wm IAM&they did tum off the open abn, there were severa/peapfe rose and on the patio when I candudeda p0ddMvk at 1:35WL They were also 000ldng the hookah coats on the north side of the bushess on the conch base of the elecMW panel. R looks unsafo TB Exhibit EE unity Develol _tent ent TUSTIN ,g MUM Sentby first dans and raer�ffsd maA BuPvn 1110kim"OUR.October 8,2015 Vaud A. Khoshbakht 13901 Yorba Street#25 Tustin,CA 92780 SUBJECT: 14001 NEWPORT AVENUE,SURE#A CASE#V2015-0192 Dear Air.Khoshbakhb On April 28, 2015, the Planning Commission adopted Resolution No. 4281 (attached hereto), approving Conditional Use Permit 2015-05 and Design Revlwr 20154005, authorising on ft alcoholic beverage sales,along with the establishment of an outdoor seating area. Addidonavy, City staff met with you on August 11,2015 and subsequently Issued you a Notice of Violation for violation of several conditions of approval associated with Resolution No. 4281, Including violating the approved business hours. However, on Friday, October 2, 2015, the Tustin Police Department received another noise compliant at 11:45pm and upon arrival, a DJ was observed playing very loud music Insl0e the restaurant with the front doors open and approWmately 20—30 patrons were within the outdoor patio area. Furthermore, on Saturday, October 3, 2015 at 1:35am, the Tustin Police Department conducted a patrol check and observed several people still inside the restaurant and on the patio. As a result of this incident, a two hundred dollar administrative citation (#CE001158) has been issued to you ($100 for violating the patio hours of operation and$100 for violating the interior business hours of operation),which is enclosed herewith. You are hereby directed to comply with all condidone of approval essociiated with ' mOution No.QW a particularly condition 2.4,MGM Failure to comply with this letter and administrative citation wfil result in the issuance of an additional administrative citation or further legal action, which may rude proceedings to revoke Conditional Use Permh 2015-05 and/or Design Review2015-005. Should you have any questions regarding this letter or the attached adm'nistrative citation, do not heaithte to contact me at(714)573-3'35. 300 Centennial Way,Tustin,CA 92780 0 P (7'4)573 3'00 o l:. (7'4) 573-3113 0 www tush ma org 14001 Nstupott Ave. tM 0 V9015-0182 tea 2015 Page 02 ; Bitacsrely, Brad Steen Code Enforoemerd Officer Attachments: Admirr'fetra#ve Citation#CE001155 Resohdion No.4281 No*9 of Violation,dated August 11,2015 Co: Dana Ogckm,Asollstarlt Motor—Bung Tuettn Palos Department Tustin Lem Wang.LLC,/tom:Jeffrey C.Lee Y + ir 1 N Pompe 4 A stied Fes O O t6 P= y A ti mrat t aee� N ��a��. 3'1ot 1�frrlgt.'�te�i�S uE�+►�� 42?9p_ A ' a ..id a neo Meta _ r Go amt we can teturrrt the card tp yw 04tach ft card to the bat*of from the mappWoo, or 4n bylgAtq+otN j p �- ft H apace penntte J. odwv fs do%,addreea dll tt Uon►tem(t?? 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'• 313 -jr- 0 cqr a' « abs- : .t a :Vnr � re�lurj -: sr.,s�•ac er; to ,..,..,h F?s: ,rs tris a ,,orf ; •a tr-k+n: ra .&.r ta,4 zesnn t u m ft-n Mdbg add SUM try aft Zip '•ar 4A, - head t ^'ra:i=A �,:g, g:ar_ a r ` Si .%wW a Ita rm r tbt PWd eytt a raster Napart m&a zone sp-_�O.ed, k9l O1 415�Yt4024 CA' QMfg D ou., st-. 5�a.F%vsd oo an ad v.304d Ammamm OPmwWowner OTeraatt C30dw I t•}x d.>m of 133.63.ce • p.Ir,d�t6;�8snt:rit s � •:&rs93s�t tq 8t.A7G• 7'LNi i'r�®IY i�('l�Cj IAOLA'itlOAit LP S. Rot tr'i16�illt '�`►; 9 �t3 2 .;6A0 j Q}K V25p0-t.l:)�+S" swum Descrkdan r.Pt pact djqa. poral afbkr awr v 3"da e:w d dt0 an a _._.... rscr-eco IsY arr ade.i�o al:'fty aar c j5t9t;,. 131CC1 SMN AnyumdMm wMcb eoAsra Woany pmWm that b daimnastobadmomearle dtohuWh .:a ria pis ars ish*Ae of to " An err. m.+4 aw0d 13=002(at M Nctt n *"M=ofbndscepE6 dead croverg am ark t m pltspi*� pin: b. *Jr. v mai :a ,,,tit, sped In tb. thanpmwbbmL rriinit-Litezwdratirin: Q=5M a)Aberrdmm*%apm*bvabl l ordlemsdedpropa ty CWma tare vi atf m atad amb= tt' a 9 to rail -0 a fk- PvhmaL prior paStaaatttr um Ift i37memomcmmdlmwdproldbN dlsdrarges. z. Asgtwit in mffiA-of limp.h,Ae riar,Jmam o fm Sanlhr 1185b AM sh m a r o timed IWd;I tr Cs . )Amk 94W, ICPL 8.. aleqWfi a h.ei i! I t app& thAt a 3nb1 a reail rp Wn lb fm sa, �. U pit tray Ohm:Tm a ,cR o ins rust .e„ The responsible person[s)shell carred_pr otherwise remedy any/all violations the isn't of a pnrsanul ju%%a,• '1 thn., mmv ordm,w •tela o It 't psted herein by; ptjI4 and pay an abdalatradve fine .iu?a', N%a ttw Me,doer nM rr a u .a' ' IT ti aff rW r. WMM thirty(80)days of the date of eN -1 bmuanae(noted above) as W41(z eptl car-M4"m 40- Ji• ItAA p IMMed 1n the adminlsaWw One schedule below. Fines must be paid in vta..r f x -. Id by the campus ce datato evold additional penalties. I tl aw4c. In ctdgr" 3,r A •'t.Ci./ Tr"' ADtlipBBSiBAT1UEFmSomu :. .T-it e d . 3n rru twt rot y cn r' TCCCODE VIOLATION(Not BWhMB and Safety Code) I•y N IIL " 1'r vioktion $100 FINE X _ i eviawans $=FINE X a ri'cd t*;jm:ati: 'y of f r ' ®S ormoreviolatlons4 $900 FiNE X r.r0 ' -is, (A•917th (BWIMna and SafetyCods(TCCSec.8100-8999)) e -'rr-J.j , .+i r. '>' V. - a ® 1`t violation $100 FINE X = ;af[IhFG / cl' fi' 1 -Mm ca �2nd vloladm* $900 FINE X-=- 3 =3 or more violationse $1,000 FINE X _ ot, IWALQTATIDNFINEAMOUPRDUI:$ "AddMand yialatlan ctf Wmsame ordinance orpermit wWrdr one year • . a?rs JL Signature of Reclplenb Date Signature ant Offtoer IINWH pe of Service Perrimral Name of Enforcement Officer Badge Na&MpL upost Canted!'hom (714)1;73-, sae+rens MBIOgMMIRrAMOD RWMAM" WWW Fite tretLOM ReAdent [Exhibit F COMMUNITY DEVELMI IENT DEPARTMENT 300 Centennial Way, Tustin,CA 92780 ltesponstble Person .' 'A . # J'JMJ,L.0 dot 39my e..# Date TIme .gess 1ASM 'o %tAe Phone Description of vloladon(# v�. VIIG1 �$i 0-s A V40��m 6so a.. `tea.4%61t a. As part of the continuing program of preserving and improving our community, as inspection has been made of the property at the above kxmdon and the following violation(s)of the Tustin City Code(TCC)were observed: ( ) I.Abanduced/lnopemble ( )5.CUtractinfl sheets, ( )g.Mobile Automobile Scivicus ( ) 13.Franchise or with nhictes or sidewalks.allays and other public Pauth Requited T.C.0 3321 !.`ity m quired prior to container prohibited. T.C.0 5502(a) property. T.C.C.MO delivery. T.C.C.4321 I )?A RoasW shill be ( )5.No"asinnuance of ( )10.Human signs"be ( ) l;.Pertttit regt"for balloon maintained a minirmtm of 100 fast huKkespe.dural or overpown prohibited within 200 Poet of any display(may permitted in from any dwellins snuou" vrgetadea Probib(th d. ii� s) Chun ban /with a special event) T.C.C.4221 ON 3) r.C.C.5502(mxl) ( )3.Unmohttaiaed pouk or body ( )7.Fcrtecs and walls is ( ) 11.Business Lic am Rayuirod ( ) 15.Sign pem n required of waterptobittM& dbmpttir praftib u& r.C.C.2512 r.0 C r r.C.C.55M(a) M.C.3502(ml(3) -��'u► "N�+► ( )4.V o occupied beehive stall ( )B.Any condition which eatists ( ) 12.Prohibition on illicit . he Glaser than 100 feet atom any upon any premises that is connaerions whd prohibited 4Z6Q$CUIV IAo S-dS residential strucwcr street or dangerous to human Iife or is discharges r.C.0 4901 04 36St +++ I highway. r.C.C.4221(ax4) detrimental to health A015-�, ®111,0106"s T.C.C.5502(b) � ( 17.Other: !'�.'0':3(h)-S2d'i►o;rt 1F V A.lW0.$to-A c +.. tea. R . a ,z'r 18.011ier. - 'A n �� A -vs+iS tea. ,. r.• e+� ,�'t9fM3: J'S ,,: i, CurrecttveAction(s): a �`�.:ti .A IV, Stagy �e 6 .SRH.��:,Mwtn •.�.t �l ~,�s,. 'I ', S-19 T ti LID 'rT.. ry r i a�� raw+.,Y * '1..r��!'l� +4A. IN +.'.Q �J9✓. 1 - & '" `'A C ;A")'A w It is necessary that aR applicable approvals and permits are obtained and corrective action is taken to remedy the violation(s)noted above witbin day(s)front the date of this notice. This notice shall serve to inform tate responsible person(s) of the compliance requirements pursuant to the TCC and/or applicable codes.laws, and conditions. Failure to comply with these requirements within the time specified may result in -he issuance of an adininistrative citation pursuant to TCC ' 162(a) or fiudw ImAl action i Reference Exhibit on the '-3ac:x side of this wtice). Once the violations)have been corrected,please contact the undersigned so that the enforcement officer can re-inspect the oropctty and potentially close tbirCUM if you need urther clarification or assistance Wth this matter. contact the .nc.ersi%ned ut(714) 573.313-1. 714)573-3135 ur 17 41573-3 4). Exhibit (:3 NOTICE 03 VIOLA IOMP CITATION NOTICE COMMUNITY DEYELO!'NMNT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 . t Lt.G Responsible Persott t Cflats of Time lAwi •— Address 14001 hkolN*_[ vmr ft- _ Phone Description ofviohttion(s1: Scy, Vio6kotr.% 111•vk � 000W9 e� Q.es.l�.$251 As pa=t of the emnftWng program of presmving and improvittg our community, an inspection has been trade of the property at the above location and the following violation(s)of the-Tustin City Code(TCC)was observed: ( )1.Abd/ttioperable ( )S.Obstructing ting etn'ate. ( )9.Mobile Automobile Services ( )11 Franchise or contact with %chicles or ds=r&d property 41ftawnft alleys and other public Permit Required T.0 C.3321 City tsgdW prior to container prohibited. T.C.C.3302(a) • property. T.C.C.r_10 aetivwy. 17.41C.4321 ( )I A Rooster shall be ( )6J of t )10.Human sips"be ( ) 14.Permit ragtth, for ballot a maintmned a minimum of 100 fad l mdttatpe,dead or overgrown prohibited within 200 feet of any .iispbty,(only permitted in from any dwalling structure wegerodon prohibited +trait interseatioa. cmduaction with a speaial Ova 1) T.C.C.4221 WO) 1:C C.5502(m)(p I.C.0 11403(d)(ISga) � r.0 C 9403(d95) ( )3.Unmaima aed pool.or body O 7.Fences enol walls in O11.Business License Required O 15.sign permit re ptinul. of waterprohiblted. there *Iuommttd. r.0 C 2512 T.CC 9403 T.C.C.5502(g) r.C.C.5502(m)(3= ��1�� �4f4rA r- ( ) MLE 4.No taxupied beehive•shall ( )B.Any condition which valets ( ) 12.Prohibition an illicit i)'lo•FAW*4is6 V40. he closer than 100 feet from any upon any premises that is connections and prohibited 42t8lttuP'2ot,S OS)A4 residential structure.street or dangerous to human life or is discharges r.C.C.4901 highway. r.CC 4221 (a)(4) JaWmentai to health nn T C i 02(b) 3f 1/i0 '�ee+l trCS. o ZI.TCG °av[E a�� 6�p dt� 5005 wil"106(vw;>oW3 SWI 149f e(ee-A ZS/ o�•Ne w►edtnpw�ce. aKoti►sfCordtFiotti'l�$ �) 17.Other.TCCA — b+f 'a�aa tt+l ll d► ' i i r l�.owl 4() is.Othw 4' •• a 5C F7 &CL Pyga n' •1 a 6AS;Ar%4 i.1 aE -1o�I ► C';' i *t MAS ave Cornet 've Action(s) Al " SV*4F 113 r+e 644 Na 6e '(qr Cam. L1 ,• est o. cu1�w[ cldt 2� It is necessary that all applicable approvals and permits are obtained and corrective action is taken to remedy the violation(s)noted above within t day(s)from the date of this notice. 45ee Aleve This notice shall serve to inform the responsible person(s) of the compliance requirements pursmnt to the TCC and/or applicable codes,laws,and conditions. Failure to comply with these requirements within the time specified may result in -he issuance of an admirustrattve citation pursuant to CCC 1163(a) or further legal action Reference Exhibit A on the rack side of this notice). (ince the violation(s) have been corrected, please contact a ndersigned so hat the enforcement officer can re-inspect the arouerty and potentially talose tljif you need nut er c arihcation or ass'stance with is matter. contact the '..nLersipad at(714)573-3134.K4)571-3135 t�(714) 173-3149. � b S 5 S ► rf 1,�� � �(1 V�w�J��TTT,annn��`,''wA11 '.4 re. " 4e(! 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Neirradve: On 11-12-15, at approximately 1800 hours, I started an ongoing investigation into the IVY Lounge & Grill restaurant, looted at 14001 Newport Ave. in Tustin. It was brought to my attention by Brad Steen of the City of Tustin Code Enforcement that the IVY Lounge&Grill was continuously violating its conditional use permit. I reviewed the Conditional Use Permit for IVY Lounge & Chill provided by Code Enforcement Officer Brad Steen. The permit states the restaurant can only operate until 2300 hours on weekdays, and 0000 hours on weekends. The patio was close at 2300 hours daily. The following violations were found: On 11-12-15, at approximately 2335 hours, Officer Cossack conducted a patrol check at the IVY Lounge & Chill. Officer Cossack narrated his check while recording the incident using his Mobile Audio Video System (MAVS). Officer Cossack noted there were "quite a few people on the patio" and they appeared to be smoking hookah. Officer Cossack later told me he estimated it to be approximately seven people on the patio. Officer Cossack noted there was a waiter attending to these and appeared to be serving them food while the customers were smoking hookah but he was not sure. The footage is documented under MAVS II3#266873. On 11-21-15., at approximmtely 0040 hours, Sergeant Whiteley conducted a patrol check at the IVY Lounge & Grill. Sergeant Whiteley narrated his check while recording the incident using his Mobile Audio Video System (MAVS). Sergeant Whiteley noted several people both inside and out on the patio. Sergeant Whiteley also noted the "OPEN" sign was still on and the parking lot was full of cars. The footage is documented under MAVS ID#267868. On 11-22-15, at approximately 0017 hours, Officer Nelson conducted a patrol check at the IVY Lounge & Grill. Officer Nelson narrated his check while recording the incident using his Mobile Audio Video System (MAVS). Officer Ward#1243 TUSTIN POLICE DCPARTMENT REPORT NARRATIVE CR#15 7061 PG#2 Nelson noted there wme several patrons, both inside and on the patio, and they were: smoking hookah and being attended to by workers. The "OPEN" sign was also still lit Ofliccr Nielson was unsure if they wen: serving alcohol. Officer Nelson noted that when the workers spotted him, they immediately shut off the "OPEN" sign and began to fimtically clean up. The footage is documented under MAVS 1[)#267991. On 11-22-15, at approximately 2330 hours, Officer Nielson conducted a patrol check at the IVY Lounge & Grill. Officer Nelson told me he witnessed approximately 5-8 people inside .smoking and drinking. Officer Nelson did not witness any food being served. Officer Nelson stated they did not appear to be making any attempt to close. This last incident was not captured on MAVS because Office Nielson was sent on a call for service. continually check IVY Lounge& Gn71 on Yelp.com. They openly advertise their hours on weekdays being open till midnight, and weekend nights they advertise being open till 0200 hours(See Attached). On 11-28-15, at approximately 2330 hours, Sergeant Cartwright and I drove to IVY Lounge & Grill to act as patrons. I immediately recognized the parking lot was full and there were approximately 40 patrons at the restaurant. At 2345 hours we were seated on the patio outside. We were provided menus. At 0000 hours we were served two been and were able to order food. The front patio contained 16 available seats, and the side patio contained 32 available seats for a total of 48 seats, in violation of Section 2.13 of the conditional use permit. A majority of the seats were full with patron actively drinking, eating, and smoking hookah. Inside there were two tables with 8 seats available. 'There were two groups of four people inside the restaurant. Both groups were eating, drinking, and smoking hookah. The rest of the tables and chairs had been moved outside to accommodate more patrons on the side patio. Our food arrived at 0012 hours in violation of Section 2.4. Ward#1243 TUSTIN POLICE DEPARTMENT REPORT NARRATIVE CR#15-7061 PG#3 At W18 hours, they began t4 play amplified music which a majority of the patrons than to sing out loud to. 'rho music lasted until approximately 0200 hours. There were no visible speakers outside, but the music could be clearly heard outside on the patio and well beyond. At 0037 htrure, Sergeant Cartwright and I were served another two beers along with a hookah. The owner himself brought the beers and the hookah to as. At 0045 hours. l witnessed multiple patrons as well as employees smoking cigarettes at the outside tables. As we were being served the hookah I noticed an employed who was later identified as "Mehran," taking two buckets of hat coals and shaking the excess burning embers into the public roadway of M Camino Real, in violation of CA Vehicle Code 23111. The buckets were placed, and remained, at the front door of the restaurant for the entirety of the night at times with flames reaching approximately 4-6 inches out of the top of the buckets. At approximately 0030 hours, a group of three was seated at the table next to us. A female in the group was highly intoxicated upon arrival, and bragged to the waiters and owner that she had consumed margaritas and an"Adios Motherfucker"prior to arrival. Despite her level of intoxication, she was served an additional three bottles of beer until her departure at approximately 0200 hours. At 0110 hours,the owner saw a 'Tustin Police vehicle drive by on El Camino Deal and frantically went inside and turned the"OPEN" sign off. Although the"OPEN" sign was turned 04 the owner and waiters continued to served food, alcohol, and hookahs to patrons. At 0118 hours, Sergeant Cartwright and I were served another two beers. At 0127 hours, I saw the owner still delivering food and alcohol to other patrons. At 0137 hours,I again witnessed both patron and employees smoking cigarettes on at the tables on the patio where food and drinks were being served. At 0210 hours,there we patrons still eating, drinking,and smoking hookah. Ward#1243 TUSTIN POLICE DEPARTMENT REPORT NARRATIVE CR#15-7061 PG#4 At 0215 hours, Sergeant Cartwright was still drinking his beer, and the owner and waiter stood by while he finished the beer before collecting the empty bottle. Sergeant Cartwright and I then paid and left the restaurant at 0220 hours with approximately 6-7 people remaining on the patio. There was a tall outdoor heater on the patio that was above the table umbrellas however each umbrella was lees than a foot from the source of the heat. Our main waiter identified himself as "Ben." The employee attending to the gals was identified by another patron as "Mehran." I was unable to get the name of the owner, but he has identified himself to me as the owner on previous responses to noise complaints wln"le I was in uniform and assigned to patrol. I request this report be forwarded to the City of Tustin Code Enforcement for further review. Ward#1243 IVY 1 Awe&(hi11-64 V%w -Madiwnratx..w 1.ttoj T%kmpmlt Ave 'mo.cA-Re... Pw i or4 ' 115-"IMP i I'ladLift t n,Gruai+twv lu".rn CA ___. .. �.._._. . _ ... .,.. ...,. ._. v �+..-a+.aun..a+r, w ,,. ...... ....... .,...a�w..r.�...wr.—...w.-�..�--«w....-«..�..p-nw•..+...a.i . lye $S bladitesranean r• r 14001 NewpmlAlne Ttarlla.OAS2120 s _..• eel Owerharis 'Ne been here only once and Pn diad the nslan pizza wlltl wan really Good"sr Il uvio--. Today Prise now x611-30 "l'he employeas kopt chaminB our and kW asking Iwo neededWorx narap ism 11119 lfusuin�s anyti fng'r1-1 i mrtr� t 'I believe Sid made it for me,but both hlm and Va, are masters at making hookah!1112 m,-v '"M&eeewv Sort pyYQla$arl (� Yowftr4P mwtgl wn nm, ' 81art!►ou'ra�lsw o<IVY lounge 8 Grgl f SaJeat your ra0ng Will 1100 am-1200 am Toe 1100am-1200am Wed 11.00 am-1200 am Thu 11.011 wn-12,00 am k ft%Cn A. Fri 11 00am-2 00 am 4 Bass koofmh Ever Bat 1100 am-200 am Love etis Place Sun 1100 am-1200 am Beal customersennce M bra miss aro Come Here And erft 1 lore To aMe sga1M Talar Reservabm Yes D oery No Take-old Yea 5amanlhaG. AcceplaMedtCards You Costs Mwls,BA o• 1 ordered a Ess and baklava they Ch1 no Ilia smallest cup of In and 1111 emelled place of bekleve youVe war ago Parlong Yee seen :also ordered a hookah and f1was not good at all I Good far K1ds No ordered melon but itwae more Ike dwwal no Taste my Mend orders garden salad and wasdisiged for chief salad Good for Groups Yes z un ry Y` _y r v 1' r � x p . d A F . , o s. ExhiIt Stun, Brad Frani~ Southern Califomia Edison KAVA Customer Service <cfiphc@sce.com> sent Wednesday, December 09,2015 8:44 AM To: Steen, Brad Subject Re:Contact Us Form// (KMM5521159V78058LOKM) Confidential Information Dear Brad Steen: Thank you for visiting Southern California Edison's Web site. A service order to investigate the SCE pedestal has been Issued to the field for the location you provided of: 14001 Newport Ave.Suite A Tustin CA 92780 Your SCE order reference number is District#29,Trouble Order#19429. If you have questions or need further assistance, please contact us at www.sce.corn/Contactl.J:;or call our Customer Contact Center at 1-800-6554555,which is avallable Monday through Frfiday 61Vam to 9:130pm,Saturday 8:00am to 5:00pm and closed on Sundays and Holidays. We appreciate the opportunity to serve you.Thank you. Sincerely, Ms. Lent Customer Contact Center Southern California Edison Original Message Follows: Requestor Information: First Name: .....................Brad Last Name:.....................Steen Account Number: ................ Street Address: ..................300 Centennial Way Cfty,State,Zip: ..................Tustin,CA 92780 Phone Number: .....................714-573-3135 E-mail Address:........—bsteen@tustinca.org Message:...................It has been observed that the busines owner at 14001 Newport Avenue,Suite#A,Tustin,CA 92780 has recently had hot coals In a container,on the electrical utility box concrete pedestial along EI Camino Real for use in hookahs on the patio. 1 E ^ hibl- t J t ►.YO.6fi�./.� , SPR '�.. U V ICT►.F'+'u R7 A P r • f • o n ■ J C o r p o r e c i o A M UCI-i11A1.(714)4:5-1053 DPS C7 FAX(7:4)415-,153 $ ,AIL:003AX6W1{S-fAW-CC3V January 7,2016 Yahid Adam Khoshbakht 13901 Yorba Street#75 Tustin, CA 92780 Re: Ivry Lounge& GrM—14001 Newport Avenue:, Suite A Dear Mr.Khoshbakht: This office serves as City Attorney for the City of Tustin. It is our understanding that you are the owner and operator of the Ivy Lounge & Gri1L It is our further understanding that the business is not being operated in compliance with the conditions you agreed to when the City approved your business. The purpose of this letter is to request that you immediately comply— and continue to comply—with all of the conditions of approval to which you agreed. If the Ivy Lounge & Grill does not immediately begin full and complete compliance with the conditions of approval, City Staff will schedule a hearing before the Tustin Planning Commission seeking revocation of the City issued approvals. The City will also request that the California Depart of Alcoholic Beverage Control revoke the state liquor license for the restaurant. Revocation of either or both of these approvals would prohibit you from continuing to sell beer and wine for on-site consumption at the Ivy Lounge &GrilI and from operating an outdoor seating area On April 25, 2015, the Tustin Planning Commission adopted Resolution 4281, which approved Conditional Use Permit 2015-05 .and Design Review 2015-005. Collectively, the CUP and Design Review authorized the Ivy Lounge& Grill to operate an outdoor seating area and to sell beer and wine for on-site consumption (after issuance of an appropriate license by the State). The Resolution contained a number of operating conditions. You expressly agreed to comply with all of those conditions when you signed an "Agreement to Conditions Imposed'' on-lay 8, 2015. Condition 2.4 requires that all outdoor operations stop no later than 11:00 p.m. every night of the week. -The interior of the restaurant is permitter)to remain open until midnight on weekends, but must close no later than 11:00 p.m. on weeknights. Condition 2.9 reiluires that the restaurant comply with Tustin's noise ordinance, and condition 2.10 prohl.bits live or amplified music. Condition 2.13 limits the number of outdoor seats to 32. Almost immediately after operation of the outdoor seating area Began, the Tustin Police Department began to receive noise complaints. These complaints were made after 11,00 at 55 i1N7GN'BG1,J12VARD,SUY E 1240 :COSTA WF.SA,CA 42526-7576 1 l7141559-7000 -1 PAX(714 635-7797 NWW XSS-=4W CO1V1 : 64 January 7,2016 Page 2 night, and sometimes well after midnight. The complaints demonstrate that the outdoor seating area of the restaurant Is operated after 11:00 p.m., and that the►interior of the restaurant is often kept open past the required closing times,in violation of Condition 2.4. Subsequent observations by members of the 'Matin Police Department an routine patrol within the City demonstrate that bath the outdoor and indoor portions of the restaurant are often opsin well pest the required closing times. When City Staff investigated th$noise complain, it was discovered that speakers for amplified music had bean fn Wlcd outside the Wit.. It wan also determined that tip were man than 32 seats in the outdoor patio area. While we understand that the gpeakcrs have now been removed, we also understand that the front door of the re+stawwA is often left opcn so ifid music from inside the restaurant can be heard in the patio area. We also undendand €hex the rases hosts live music and DJ's. For example, the restaurant's Facabook page advmtised live music on December 18, 2015,. Music that can be hoard outside the rpt likaly violates Condition 2,9. On August 11, 2015, City Staff issued you a written `hv-Citation Notice"advising you of the viol ens and warning that any hatl= violations of the conditions of approval would result in the issuance of an administrative citation. Despite this written, warning, on October 2, 2015, a Tustin Police Officer responding to a noise complaint observed approximately 20-30 patrons in ilia outdoor seating area at 11:45 at night, and heard loud music coming from inside the restaurant through the open front doors. On October 3, 2015 a Tustin Police Officer on routine patrol observed several patrons inside the restaurant and in the patio area at 1:35 a.m. As a result of these violations of conditions 2.4, 2.9 and 2.10, an Administrative Citation—Citation No. 00.1158—was issued on October 6,2015. Unfortunately, it does not appear that the written warning and formal Administrative Citation have resulted in compliance with the conditions of approval. Patrol checks by the Tustin Police Department have documented numerous violations of Condition 2.4. For example, there is video evidence of patrons using the outdoor seating area at 11:35 p.m. on November 12, 2015, at 12:40 am. on November 21, 2015, at 12:17 a.m., on November 22,2015. There is also evidence that food and alcohol were served in the outdoor seating area well after midnight on November 28, 2015. Music that could be heard outside the restaurant continued until approximately 2:00 axe. At that same time,there were a total of 48 seats In the patio area— 16 in the front patio area and 32 in the side patio area. I have not attempted to provide an exhaustive list of the dates and times of the violations, or even the mature of all of the violations. The foregoing examples are intended only to dcruonstrmte an ongoing and apparently routine pattern of violations of the conditions of approval. The City of Tustin strives to create a business friendly environment. But that requires -hat all business owners and operators respect the rules, abide by established conditions of tA'; January 7,2816 Page 3 approval, and be courteous of their neighbors. The City issued you a permit to operate your business. You agreed to the reasonable'conditions of approval imposed by the City--conditions Haat ares similar to conditions imposed on ether similar businesses in the City. Bud there is significant evidenee that you aro not complying with those conditions. Please be advised that City representatives will be monitoring your business operations for the moble fitharo. If there are .any ftwd= violations of the conditions of approval in Resolution 4251, City Staff will schedule a public hearing and request that the Planning Commission revoke CUP 2015-05 and Design. Review 2015-005. At the same time, the City will request that the California Department of Alcoholic Beverage Control revoke the Type 41 ABC License for the Ivy Lounge& Grill(Ucanse No. 556263,expiration date 6/30/2016). For your convenience, I am attaclfmg a copy of Resolution 4281 and the conditional of approval. If you have any questions as the meaning of any of the conditions, please contact Justin WilAom, Assist Director of Planning in the Tustin Community Development Department. Ms.Willlcom can he reached at 714-573-3115. We hope Haat revocation proceedings do not become necessary,and*0 you instead fully comply with the condition of approval and that the Ivy Lounge&Gsrill continues to prosper as a valued member of the Tustin business community. Very truly yours, WOODRUFF, SPRADLIN &SMART A Professional Corporation LOIS BOBAK cc: Elizabeth Binsack, Community Development Director Justina Willkom,Assistant Director, Planning Dan Hart, California Department of Alcoholic Beverage Control Ivy Lounge&Chill c/o Vahid Adam Kluoshbakht 14001 Newport Avenue,Unit A,Tustin CA 9.2780 EAhAsir ibit From: Cartwright,Jon sent Thursday,March 24,2016 3:27 PM To: Steen, Brad Subject: W. Attachment 20160323_182648,mp4 Brad, Yesterday'l saw an employee dump burning coals near the high voltage electrical box west of ivy lounge. 1 tvok.photos and attached is the video. They ar`e cooking coals to the rear of the high voltage, t wrote a supplemental report and attached pictures. 1 thought you might like this video, Jon From: jjjjjjWvxw*x—ommm fmaiitp:. vzwoix.comj fit:-Thursday,March.24, 2016 3:20 PM To:Cadwrlghk Jon d , r Y n f'.. i+ as X Ali p t y � r ».. �u ..' 5 Jam' ^,r^l ... • ., -. r n '" Yqd ,,,�, °dam,�.�..• � �, a OIL ro. low elk- a �+u bi� 4 ,w. Gy V � w "I It 71 w N u lw Now +a, A , hi st L Steer, (Brad Frarn: Southern Califomia Edison KANA Customer Service <cflphc@scecom> sent Thursday,April 07,2016 L•51 PM Tor: Steen, Brad subject Re:Contact Us Form// (KMM560870OV62202LOKM) Confidential Information Dear Brad Steen: Thank you for visiting Southem California Edison's Web site. A service order has been Issued to the field for the location you provided of 14001 Newport Ave.Ste.A Tustin CA 92780 hot coals on SCE pedestal Your SCE order reference number is District#29,Trouble Order#29576. If you have any questions or need further assistance on this matter, please contact us by e-mail at www.sce.cv_m,/cantact_us.or call our Customer Contact Center at 1-800-990-7788. For your convenience, representatives are available to assistyou Monday through Friday from 6:00 a.m.to 7:00 p.m.and on Saturdayfrom 8:00 a.m.to 5:00 p.m.,excluding holidays. We appreciate the opportunity to serve you.Thank you. Sincerely, Ms. Lent Customer Contact Center Southern California Edison Orlginal Message Fallows: Requestor Information: First Name: .....................Brad Last Name: .....................Steen Account Number: ................ Street Address: ..................300 Centennial Way City,State,Zip: ..................Tustin, CA 92780 Phone Number. .....................714-573-3135 E-mail Address;......,.....bsteena@tustinca.org i has been observed that the business owner at 14001 Newport Avenue,Suite#A,Tustin,CA 92780-has recently had hot coals in a container,on the electrical utility box concrete pedestal along,El Camino Realfor use In hookahs on the patlo.This activity was previously reported to So.Cal.Edison on 1219/15 and this behavior continues to!occur.Recent photos of this activity are available If needed. . A 2 E Nth b- it ono am13Ifteiopm�e� TUS71N POLICE DEPAATMW lit ADAUM o�+ W gra 3W OENTMIAL WAY 18[3 ns1 N9TfNI CA 92780Kr3=xnw 1061 aM.xMim OFINEMODENT AEP r JNE� 90 oris 1 E I�f�1 f 7�1 a t a aoEatlt� to 'it VnaaF=XM �w ROME Lv+ + A + 14 am LL 02 1� �a HUH sw 1a 1 to w ANo stt Dial ae BI taws ivy 60" I M 14141a 1 A•RJ'INR M flI aim p4aai alma MIA" 137R& Dill s 1I N PAOF11a9rm OR IV N-Wjuuu I 1 N o1R snlrlL upaoa IS NIS pR014a a we i 1 0 CM 1411 RUNFOUFFF 49 00=011W �a�1Aa. s1�.P�la I al N a4M alum MIm" arm asp GsREM-0SWU ©" TH__ 4: ACIffwAa M UN EME srama 4?M Rim 1 9 e001111 OOGR M t l s4 gBLpllolal t 1 a OOOi a aAaS ■aAi aJY1Ca a l M41T corm Doom R at• m pallor aa= narrow p1, r� asp p shoo. 0lWE amoalw—_ n fosAmCl®i man a:rlaa R1a4pMIPa1 N M ' 1 1 a R4NW8ARRaMa w IN" arc= IT pus l7aae i 1 ► 1Q FWsi MWD td aaR I TORAoa ❑1W D s HTW fl a BIA 01M 134MD a1ola 13JAM OTPR 01 , 0 eRXL OIYW 110 Tf111 77 ROA7e CITY L17AT8 EpoCOE 71RLMUM@ w HR I It srlaWllaNAMgaMCR�Ai a CITY s'o4fi ZIP 0= aBMPH.OM 14 YM 1 a BAWL Ia aau.PlluHa I n 0=0 N sTATa _ so YIAR Ia 'M I Qt Mat L.. - 99 Ip uNN 20+PR 40M _.Ib YAH IO RV laU CTH®1 eC Y tO 242A BOOM agTK= 7081W ID wC 0 a COLcafoo CA 14 OTHERCHARAOTuHIs1ras If CIDPOMTR7N43PMOCLE MAVS BOOK MARKED AS EVIDENCE 13 PERIOD C1 YES XNO p YES ONOG 6 �PERMANENT �� Ie ❑1THEM IaAWrrNB68TOTHEORIML 0 H A WSPROT WAR AM ED �I n 0 1 Fil1GEAPI11Hi8 � � I.APiOER 8E�1I6G XfAt»Ms IL3�+ ❑Q'TflOIB � Pe { p a A BUaPET WAR NAMED D a TOOL MAR)UNOS f Q A A SUSP CT'CAN BE LOCATED S7 4 L31A8a 2.TTM MARL' pp I % a A 8U8PEDT CAN BE DE9D7FEW �a FAINT 7 S.NAME OF N 8 A SUSPECT CAN B a7ENTIPi 7 8 ��IVVVVVJ ❑7ABU9PE0T; ELAN IDEPM19ED aR� 4.RRSPON aTHERE[aID A9 LevPROPE37TY �D o J r]9 THERE IS A 8i8M M.O. 47 i0 C ,tlSMIPHIANT EMENGEISPAE8EN1 1T Yao aSIPEAFaRAAE07sk 11TlTERt:19 }4IL1 lktJRY1MCFWMEINVOLVETD C1 10 REAMAS 4AMEEPO p 1P THERE MOD POSSM 1lTY DFA SOI MON 31 GRAPHS jllll L:13 NVMrrN 0N?4EEDM 0 OTHER(GEWR 00q 0 14 CRIME N BANG RELATE n 15 NAIL GRIME A ' II TONAL LOg8 DOLLAR AMOUNT –_ 15 RTIVtd EPROCUOHEALTH GRUE /4/ A �m sLP64Y66oRxr�C0H61AAHH wu�eam na I=nlARMIAMNOTaM19nCII t0a uNffkvkmm V�A 17 1PE8 n REFCftrkiTCP79QAiI AND la CRTs d APPRaVEDaY!DNC FlAl1d8 PRISM 7 PoworlumVRAMOMM • r7tOil q'p4[LKytO 1t I I i>giaHT ppw) ;1 t DAaN 1Nrl� lnl y 1 a eriLlTsq !� au �[� aP r PRaxA Lw 7 + 01 SANK"LOAN [11tOLL11}!� �laalt LKN 11 No=114 DWR a Oq JMAs1E 010ODa n a Npg101m�IRn Qi0 0!MWL0OLMff '�•.•� a?a Q.iM153S8WLAUNORY 11 j atAMW p B 11a1W 0 a a190011YR 1N LaKy!' 0 B 00A IW PA WR 13 a" fl A O16A8LED MCT11Ppsl' 13 4 OtiBT LIMON BITI[ ! TOR [jai p aAU Mt7AWM R�TH> A [1 a U Tn a Ow116pKa r< aT raao8 q act" 17 aA1.ON [3 a�[1 a13 TAILIIWMANR ON PRLRlBaasC7 7T MAB B7A ON 1710 BTV fl S KN0FOLOR1%V= qeb a HOTBLl1A$OV Lr p 1O t 110111ANBOW 0 9Q O�TaRclttl nt 13 Il UNDID" 0 10 BLlH18PORrNOOpa U 11AU G 1B ®JfKL14aBlrlJlll fl t0 0 II JuNow umn Q t4 BROUND Ltd, R to 0 t p lotsa lFea'lopQt a INUPMLNAL O 11 ol�wlavll>�arFLilr flRYl�W1 D ISPHOlMWDM L1 INUNK " C!1sDIBHOL�tvlff MrAIw ALLlr' lsuLxtw LtwffaGODB 0ITWHR -- _ teelel�rocJMAimD q IllFlWVAVPW1 0 t4BAi.ItJlPIDIaON 1314�9It1Re I UDWID CLDA XM 4� L5" olmrlLl7lrtlOr[i 01aB ABg9filtlQa )'tilil6lA[WAKi 011�r s V1011M 10taM11 m 011 HAD =11[I1N[OYIBOL![ 131a steac o>RsarloNa ° 4 VIU M UMMoD R to HAD B7�11�dWlS 01T aaLa0lw nOrrt ta7 0 I?TVAISAUT FA 13 t iR7 rpltON&A QBe fl r lMDlpIo1OM MUCH aLlaFwM p 118M RACM a 1aALr1C111YRT8 p 7iYYRS➢ICWWAA� aaaWBn�lVwnMrAcla •10119NDLB8ALM q sAtTLSAProkw $ Cl IBl01 WLCKL4lPHO M M Ms p to q!#OAFiAQraltC1fOlE8Aie8 O 4 SOIXY FUFM l3 7 V!D �p L7 to MADB T"F�IRD p at aLD1lRIR> B 0 Q as r"Mon lM Cy alHA/stlllblANL 4 BCHAraq>EL�PLaLl18 almllV pix M� 0 0 EXr 0 0 RNM AO10'Ja 13 AN MECKM 137 19 Q BYRPPSOWUUrOLS)T1WM 13 04 MR 37D 9LULDI 4 L3 s 11 %W OOMwr LEE d IN WW Orr PowrzR 0 95$HOBSTLiRB 0 a7w � AOT ❑fi JIMOXEDONP ❑ON WAREHOUSE 10 t1dpC Is"WTW R0YK1fffS WM VAGM 1324 sOIIRO=W=M 131 AUOZaLB ALA M K71R i7 L7 it HANam W= Cl ta7ORK1�VIO70PONO VUlP Cl OFM XPEOTARMET? 0 Ra1LWALAW [a 1 BWAd 14MWI LMVRMM a 997HPZAMWMRUMLLMON ❑aPRIVATE®MrURITYPATROL ❑1S PUNCH ❑to MASTURBATED SELF 1]14 REMOVE LOLNBRB t7 RArOOK aNLY OK1N8i7MABLES Q 4.006 T.3 111 0 B0TUOKVICl WGYWh3LE 0 aa'ALN{wmLOOMS ❑aaAFYWTMBhtT tia8 Q 18aF0aiVROOIK ❑Ra CONOOMFIIUM Q 1a HIO M BUILLt ck S 0 Bt 7ORURM 0 a AUMLWW oKa 0 17 WALKED IN O 84 UNVOR Rule=DRUGS [O6AO wq C3 80 DUPLE)UPOURP Ili MBNSi'Ti OF NEEfOH 1NAdOFt7 QOB I3 ST ❑19 UNKNOWN 01 C YF,B LA0 NO 0�UBr�OL7N111W0 NOTE ❑TWIN ❑B0 CH® C 3 1a CB MVoM Op OpM WT1ON MvM 0 a4 UGOO LOOIKOM 11a cum MOON �p 83 630 YEN 04 In ❑ON URM ORMER 113 91N8 LIGHIM ON [] DITEREMED IN NVGH ❑a0 LmAtamucAmma 0 to E COOK LOOM R OTHO 0ai3_ YES, Q No a By halm VMTNM NAME ❑1 OBBOLMEO WTOMOR VUBN ❑1 OCaRf1 OOK FaraJ® 1Q HAD NO C}{ap ❑81 UGM VRrrWS (COMMO OWAUWNESB! rhe UFO Yt:a ❑NO C lit BL9auR rY a9fMm ❑lTRUNx FORUM ❑aeOHLMH Qeg ❑a RM Flo ❑BoUawVw 's TOOM4 LS KV4AM4M E ❑al Hoopm CO34WI 0 40VER N TnRE9+me ❑loM"OWN ❑8a C Cl a pRCPBTiY 0 14 ❑ OnfuL— so ❑BU ❑41 OMISCONNECrEOPHONE ❑40 PU 117 13 Ott LSM1BMI L17 ON @ a*CREOhVMI D a L7 Man—__ - 0 43 FOLL01MINTALXED VMM am Xa4 IMMMM Q 411 lAEELY PHYaWALOONWww IF 1 ❑t UNDER RIFL ALCOHOL! Q fe ❑ HU9&AND 1S V MPiKTAT.Bt7i1 L1S 1> 11 9 FAMILY 1714 ❑18114BLE pt11 all NO xaiLVXWURi CMOTHER Q OB 0 oAdARPt033 a 11 FFU10 ❑4� 0 sllRRYhOB Olrl?,81 I C)B CrWOftCEE ❑ FATM a ButtD D rt2.LsaY7�[la q arm ❑ p 4SPIUK-UP 0 4 UffW )0 NDAUIUITE� G Is Go PBloz Q LM aANNU 048 �❑SBON ❑l4NtaaRBBO" ❑SCOMMONLAW 1{]S0 i❑BCBAi'❑7MUTE 11T [� 01bBI1BINEBBA9$CCiATE 10 T+A11O01Y( cl atMll dd i3 6 BWSTER ❑a i NKNOM 1 0 BMENDILLY1Et�tOrP1ONALLY I n l7UNiWowN ❑a8OTMEFL _ . � ? 0 v apfuL- 0 9 "usm.POUCE DEPARNENT REPORT NARRAMVE CR#16-1001 PGK Cityof Tusfm Code Enfam repeated 3p - TI'D ecial lnvesdpdCkn610 conduct-. en g$tiaa of the IVY LoungeA ChM.reftence various code vialations.. 02,04-16, at appto;mmat* 2330 hours, IL was driving anJnMar d Police vehicles a clothe in tha area of N , wearing p- ewport Ave. mad.�! Caunno:Reale: I &m by.ft NY Long®A,Cll.$ad made the:fou YY20 patrons waited inside the bus&sss,smolring hoolo&end &hilag;:MW mew=aontimally attending-toahemrae Kk The"OPM"'sign wns So ', The :paddag lot as also full of vehicles. 02-0446 was a may mght end flie bushms should have,been closed by 2300 hatI& I did not =obsam my loud wise that coald:be haard in the We4 On-02-06-IC at sppIcnrim y 0100 hours; I was-dnviag an unmo�k A. polico °r vehicle,wearing plain clothes,.in the avaam of Nmport Ave. and El Camino Real. I drape by:the IVY LoungeA Gn71 and°made the following observations: 1 noticed. tely 40'patrons both insi d and put on the patio, The.patrons were smoking hookah, eating, and drinking. The staff was continually allmKUng.to, theAr needs.,Ile"OPEN"sign was again left on well:after boars. OZ-06-16 was the end `of a Friday Haight-into Saturday Omming and should have been closed by midnight -(0000 hours):The parking lot was full of Vehicles.I did not hear any loud music,.however the tW ag between patrons could be heard is the street. - Un 4210-16,. at apPro teky 0010 bons, I was driving an -unmarked police vehicle, weaung,plain clothes,,'in the°area of] (m7ort.Ave, and Bl Camino Reale. I drove bythe lVY;LoungeA Grill and,made the following observations:" I observed b. patrons outside smoking hookah and drinking. 'There were an additional 12 patrons'inside smoking hookah and drinking. The "OPEY" sign:had bee n ti..irj.med of however the staff was .still attending to the-needs of the patrons. and continued.to&so-for the nest 20 mutes. 02-10-16 was the and of a'Tuesday • ni ` ` r z gbt inb6 Wednesday moudng.and,lhe business should have been close d by 2300- houis:,•1$e , p8rk�ng.dot was full of'vehicles;'I did not obse any loadnoise That could be hoard mi the street: Ward M43 • TUS IN POLICE DEPARTMEP4 '- SEPOIrr WARRATNE: Mirso0i P02 -On'03-23-16 atbming. • mately ]8201zo urs, G'aitwnght obaecved several` contour= behind the electrW box located at 14001 Newport Ave. See Sergeant Cartwrlt'e for further dela . OA 04-07»16 . ` - pit_ ly 1730 hamce, i wss'waikingound:oa the south °`. c+ ,sof El. Cawino-Real in Tustin. Be�Cind the electrical' baa located' at 140o1 = N _ . ewpaart Ave., NY Lo .Y saw two.mew.cam. Ono eanisterwas wMe the other Set atop a s ,in order to heat coal. I observed Bis-M tbag. fiam :tha oan&ter atdy 3_.feet frim the electrical boa. 3 active "iaaok a:photo and r+eea +ted video:of the imcideft.,I shared a , copy of the photo t #leis report sad saint the video to bodearcemDE oeor -. - - On-.;04-07-16,, at:.. pr - apoxYmately 7.321: hours,`Ofi6cer Cossacl contacted a pattoX check of IVY - ., LO�mge�,Crr�li, Officer Co$HaCk natrced the `OPEN' HLgRtwaS'gtv1: - OIIsIIdthere were ; Z0 • y patrons.being acdvely,se�d by ahe staff both p Officer Cossack later' told me,the paftm wm smoking on . o:and`inside. hookah both indoors and outdoors, as well as being served food` and baveragee: Theincident was captured on bit Mobile Audio Vcdeo System (MAVS) with a MAVS HW8725se Latprllu t night on 04-08-16,,at epprnam Lely 0014--hovers, Officer Cossack again ted' conduca patrol,_:check of,1VY `lJounge Gam'' Officer Cossack ,doted the 3 "OPE".sign had bei.turned off7112ere appeared to Abe approximately 3 People inside the resbwmt.bein attended'to and so scvmW cars in the parlQng lot 1%0 g incsdeart was captured on his MAYS ;*itb the ID#287260. On 0409-16, at :approximately 0118 hours, Officer Cossack conducted a. patcoI 'clieck of IVY Lounge,& Grill. Ofiicer.Cossack noticed:the"OPW sigd was still on and approximately_10 patrons were being attended,to.on the patio..The patrons were smoking hookah and being sewed beverages: The incident was captured on - , -his MAVS with the Ili#287424. 4 Ca-D4•- 7-16, at appro e y 40?.3 hours, Ofucer Cossack conducted a, p4ml check of IVY LO=P Gni. OMcer Cossack noticed the-"OPEN" sign vas.stiff appxnximateiy 30-40 - on enthere d; were... - patrons both inside and outside on,#he-- patio. The pah ms were^bung atten*-to by staff end being.served hookah,food, Ward#1243 TUSH POLICE DEPARTMENT REPORTNARRATIVE ZR#16-1001 PG#3 and bei p erages. Officeur Cossack later told me insde atrone:weae also smolong - .hoAWL The incident was c;gt=d on his'M&VS with the ID#2886160. Cn 04-20-16, at apps aaately'1900 hours, I was walking eastbound,-on the sow curb of El Cmninn ReW. Behind theelectifcal box loewed at 14001 Newport Ave., Lamgo& Gri%.I noticed a ander block wall had been con acted between, ft,d=W6d box;and the wali of the ant.The wall was ly 3 fit bi -and . 'gh shaped]3ko an"L - Behind the ender block'wall I ear two metal buckets 'with,:bmtbg coals_:' insida. Both budkets had..eadve flames which shed y photos of the waft and buckets motel 3�:inch�outsideft Ltook. and attabhed theme-to INS report.1I also took a iddeo which was ®ailed-W,Code .2doncement�ceorad Steen. On 04=2I-16, at a* 1 2334 hours Offcer,.Cossack conducted Q patwl aheck,of rn Lounge&Gard!. Officer Cossack noticed the"OPB1N"`Agnwm still on and there wetm20,ptim both indde and oat on the patio.:The patrons were bang &M&d to by being served hookah'and,beverages, Tl dent was.captmred on his MAYS with-the 1=99302. On:04-23-x6, at approxhwdy 011.6 hum, Officer Cossack conducted a patrol check of IVY LoungeA G61I.. icerCossack.-noticed the "OPH "°sign was:90 on„and:there were . .50.patrons both inside mad out on'the patio. The pa#ons were being"si#ended to by the staff and being sezwd.hookah, food; and beverages. The incident was captured on his MAV with 1he'HM89492. ` Oa 04-24.16, at appro�y 0129 hours, Of m Cossack conducted a patrol check.of IVY Lounge:&::Grilt. Officer Cossack notice.the:"OPEN” sigh VM still ori and there. *vw approximate y 1'S patrons inside. The' patro' °were bring . attended to by the staff and being served beverages.and hookah. The incident was aptured-on his MAVS with the ID#289648. `Additionally,Officer Cossackmentionedhe had to black out his vehiele:and zoom in t -camera to-ge 'video. Ile stated,if they noticed,his marked police.vehicle,in the area,the owner,or staff ma er,%would tam the.'"OPEN" . sign,off and make rt appear they were clo.sing while-still serV:Mg patrons: , y t Ward#1243 TUS nN PONCE DEPARTMENT REPORT NARRATIVE CICS-1001 PW I requed this repot be sed to the City of.Taedn Code . if it for faith r review. Ward#1293 TUSTIN POLICE DEPARTMENT WOOLEME AL REPORT _ CR 181009 OnMarah 23, 2016at hours, I was working a plain clothes sssl9nrfli4A driving an uninarked Vehicle. 'I was acxampm ted by Doti Ramirez as we drove east an.El Camino RrRealowrarW, war d atde hie ww LAv. 1 saw,a male ssbjeat exit the ouWde patio of Ivy Lounge and. Ne"ort.ft Suite A. The subject was carrying a metal-bucket that emitted smoke. 'The m bleat walked tmmr+ds a Green high'voltage,bmst i on the we aide of the busineas and dumped'the oontenb of the buoWat on thwbeoblde of the bmc` In-the. drL I Know#his buslness to sellhookah and the buckets:acnmin smoldering_ lemon`wwod coals to fuel the'hookah. I parked my vehlcle1wa remote loceWn end we walked to where the subject dumped` 1h® cea18. 1 mw two cylindrical ,metal canWters. at* portable heat sources. .Both canisters ware smoldering and flames,emided`irom:the top of one. The;carils.ter that hadiflcrnes coming out of the top was closestto the high voltage box. I ee ,ft Was less than one foot away. I tack photographs of the canisters as.well:ae vides: , 'liars:wrere smoldering embers on the ground where 1::9aw the subject dump the,hot noels. , There were ashes on the ground:that app6are4 ,tat be old. Therd vias a black pple0far lmokeh andthEftontalned,bladc coals. Wappears:thlt area,'le where empbyees heat up dumpoWs out the old ones. IOWA the photagrapbs to fhe report and sent the video WCode.Eftmemerd Officer Brad Steen: SiA 4 Arwght-#713 TrMon Polio® Department TUSTfW NARRA T.VEISUM EhEt'�)U lft,.i* PCiLICE DEPARTMENT JI A., 1 :'7 - W0 PO I AXUrrlopr *,Ive, STS A WNFACUMFIH UPM. INCIUM SYNOPSIS MQUIRED ON ALL PART I OFITNSES 2D WMMWRWnDN I GYMOPM TTI. 1LTill$RATA BAY CLJM-WM DMICH"M OF 800^UMM,TMMGS FRW SUM=PM. B OA ZJA9 9 M n W,- .12 6,00wtaHCPaE -�,-a 23 Wn b"bu WARI*r 92-n ?PQ 104'REV 5r97 11JSTIN POLICE DEPARTMENT '. BUN. SUPPLEMENTAL NARRATIVE CR#16-1001 PG#1 On 05-31-1C-): at approximatcly 1100 hours, I received a notification from the rmords department at TPI , of a discrepancy in CR#16-1001. In my report incorrectly listed a MAYS II3#287424. The correct MAVS IL)# is 287420. There is also another MAVD IM287418 that was not listed in my original report. It depicts the same violation within minutes of another Tecorded patrol check. l request this .report be forwarded to Code Enforcement for further review. ()M(7,'f %L copy PTL PrCTTi� a.b:, tc�T ��,cn AgenCy CxCCp5 as pfo'-'�dc;l ! r W ith0tit the t.'7rt;. ^,{ t- "1711 Tvt,,in F'<]lit x l3cp,.-_ _ Q ur� to 4yo WAM#1243 rtrUm'.d U the Lkp} 4,X"II N 7,"u,P-rr Ni, TUSTIN POLICE DEPARTMENT :' n A;M, i H1) '11G ICU rnN.IrS'-m G law U V'IUkiAKl:6 HF'nrrr 7; �u :300 CENTENNIAL WAY RIaRR 4E:11W DOa;5rrMOLT NrTUSTIN CA 9??80 _tt ,al,sgrr�.;x HLA5-MC" AMO ""�"►"1`` a is — iia oaai{u�V�R �' CAW IU3ATIO CRIMEANC1DENT REPORT 1&iLmcnww Imilimpuyumcou+t> F{�4tU'. I.flrli{ . f'itORi 8W, �•¢"RylAf11{:(11i!r]'I {n tal. ,. Moro 7z?qjr-'r 1'f i'VK IIII W1 3 L W W. 1 ,Up1W 4 71 ohl, -�_ Y:f�me tt.17101. ~.». •... It 'x411614r.1ii6N.w{r1 +llYllrlaF7T] I•I T'AIEi T1-10 APA] M 111U1 ti.tr' ... •. 91.114.'. IVY o5t�, 14� 14 um,II1�s;mm o r7 ri La IqvfflwI0 )a 1. 1 2 .a WA; � 1 M felt Ncis &AW 114 / H P+"l ..�111M_T ._,.IAt71N L&& IAfI - .l9FLflF71 31 111!. ! 1 15' 'u Rir�nrriTlirir"t� w�r�- it rirr :.snaG zavcogt -T,tiu vow, 1 an c1)m 1111111311111#3 i7 p 910 44 Ittlflr x la¢I 'I Iam 1 110 1 till taA IIA" /fit L 1 {.YEK 11011 mcm 4h 10`5"a A11RrR'f16 ---- 416"n iteAlk 7!um 47 tDA fil l! •eri lA� l 1 1 1 m [ ) 5b r=( FA NAMI LARI FMI LgMtl M fX.-CiJm ID" i6 uOIL 0INX 60 RACE. I WHT IMP IMK 1 1R 4 Am S 0241 6.10" r IL 11 1 t 6PZL 1VIET toOlH ,1 st TinkmHi%AUITRIAA vur►' aTfAtr AlP14AAE W lABRIrla W M f M 66 AU68NF.19A11AIAESAAIMSS6 iai CITY sTATf >OP1 k 5T HUHPFmi I I bo I MAIL I 7 III CM U IRIBT A6ori1P r1 Prit ON rA W*x trcmm 1 WHT :HW 3OLK S I F e� J1%WT AAoi11 JAPM 1rt 77 111 WI NM".NAPADW11:88 a MTV R1PJF ZIP WW n11#.RPly 7�4 A 141,1 L � 61 BUSINF'66 NAME A ADVMI 8 1 IA r" A-ATE _ �—37P 1:bDE on 11U1L P1t0IrE ��s t1Yr I +55 . TkMI A6 CF:Il PHONE k 1 I 6f 11CTN6E I 611 e4ATF 141 YEAHt0 MATTE tFt lZOi3E1. 9P 0 11NK 4 OIIR 1 PN B VAN PW 01-HLP Il=1 ._ BTYL1: 1 FFOR a f:ONY b TRl7C{i 7 LWW 0 MPC _,_. . .._. _._-_ -__.-L_. ..._ --1------- t3 B8 Col ORrGpl9R AA UIHkRCNARAC rTW8nC8 115 i)lsmmf"DN0 VEHICLE } it I MAYS kk BOOK MARKED AS EVIDENCE RETENTION PERIOD YES NO I YES NO 5 YEARS PERMANENT 1 TNERE IS A WfiNES&TO THE CRIMEpf 1 FING5APR.NTS 39 1,ORDER SERVED AT SCENE BY: a2 A SUSPECT WAS ARREHTED p 2 TOOLS P@ fJ 3 A 3USPTOT WAS NAMED C7 S 700 YAR111NGS A A SURPErr CAN 3E LIDCATED 4 GLASS C Z V0r`1Y 1AADE`3K PIT 2 5 A SUSPECT CAN 18E DESCRIBED 3 PAINT � ^a "APA E OF PERSON SERI O: 5 BULLET CASINO S A SUSPECT CAN BE IDENTIFIED ,BULLU 7 A SUSPECT VEMLE CAN BE IDENTIFIED V S RAPE X T SiGNA PUP.E: Q 9 I NEVE IS IOENTW ABLE STOLEN PROPKY � 9 SEMEN 0 'r � - y� 9 THERE IS A SIOMi193CANT M.G. t3 0 BLOOD 1 0 SIONIFICAMTPhYSICAL EV DENCE A PRESENT Zi..RIE 2 r1A1R i4c CBI PERFORM=SY. 17'FrEREWA.YIWR191JURY/SEACRIME INVOLVED 3FIREARMS YAMEAPIT 2 THERE dS A GOOD POSSIBILITY OF A SOLUTION 4 P14WOGRAPHS 1 FURTHER(.WEBTIGATIO4!%EMED 5 OT-•1�11 jDEBCR BEL J NOTES: '4(GRIME IS HAND TtELAWEO - — 5 NATE GWIAE REL4TED C1 74)TAL LASS/DOLLAR AMOUNT i AFPF COUCTNE rW. LTH CRIMB PERP SCR 11T SCENF(RAW,-PMI r: J"!0-i Fr.-FYvt1Or=:teff ri`"Q 8[AE ayIii'j -0 A?i b ;W l 7-`'-x77 OS70'5 La 'R'MI"IC'1 I POINT OFI,NiAY JI PROPP7tiYJAl'rACXLD 11� 0LgD(,YABKI3 aUS91/Ir l '1JlC) 111XM11 �q ICA'i")gojp, (Z8J :IUII'CCTNro 7tL7101dEi any tiU'.ip-PIIIT.40m. 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IMWECrC1-WAXLr) QOR 141vicrOVic InMOVL IU SEEKAB3ISIANCr [ I n UNKNOVrN n M IMAX C D J�15M8TAINtW1 3V)C11MnDUNOVIFED IbIO1KMDVICINTO VEHICLL 10 BEE%OWECTInN8 1681('1 HMARKI r ALSIHDLI OF ENTRY 9 4 vK1rIM tNJLJF?:u 18 IM Rt LN LIFUNKINCI 17 SrtMO SEMONt 77 TVAVUII(l 1 ND I OSCE 13n1 O Qdfi I/LNOfC.ATiON MUL T)13U8PrATo IS SULFCIT FUNDS 4(3;NE.RCR VJG'7IM k ACL ISALJ1UPAIA9 I PININDOWSMARMTO OMIOTOGRAP IED m IsMaWLOC,OFHIODETIITT.. 1rtOTHCR [ 3 AIT EMPT ONLY IS MADF THREATS i 18 BK:YCL C 1LA1 r R .1 UDDILY 101 trA /VR p LY 1 I D LUSS, P JWQARfmOIOHCYCLLLIAIIn [IRUSP LY AfER1M: 94H+14CF31f'Rt1Pt311YIN><Arr.1UPflf:lgr� A d D1E1IIMt tT10fiE h ttCl)Mn/F'11rR8 71 PREPARED 6CIW/WNELLOCK/PIPT aRAPFf1Y NIOrACION 92 FW111VVA)iC 11R.1ECT8) i'7 AANBACKrT7 1 YAIENCMMCC GRIP$ 1 P3A1FT11CAL /B1lWlDi in 29 MPPEDICU'T CLt1rI0NG B4DFFkOIRUIl3IINR B6CREp � 17 DVICCOM1171ffLEYY❑ ['48M1[T4FFPOWER 25 SHOE:STORE a TIRE 1 PERVEFl7ED ACT 26 SMOKED ON PREMISE'S s 25WAFulln IBt I 111 IN PRY 1P 1NaEATED FINC)FHINfII VAUINA Va BEARMtED VICTIM 1 MA1�.EALARM 012 270rHFIi 11 COAL RWf1iE I f9FdIiCFDVLCT❑FONT 7LCRUBP 27SUSPEC'TARMM R9KENTALARM 1 P KEY P SHIM f 14 SUBP FONDLED WCTIM 28 THREATENED RETALIATION I 3 PRIVATE SECURITY PATROL I 31' CH ffff 1b MASTUHRATLD BEI l ,I 211 TOOK ONLY CONSUMA9LEs I 4 DOG _R5 CE13VA 14 REMOVE LOUVERS 18 OTHER I 10 TOOK VI=M/S VEHICLE 8 STANDARD LOCKS 0 APARTMENT b03 1b 11MCKAROCK I 31 TORTURED 6 AUKI 99 CONDOMINIUM 10 Hill IN BUILDING BU D Y ON Y 13 R2 UNDER INFLUENCE DRUGS ID� DWS,ETiC) 80 OUPLE(/FOURP i/WALKED IN +'S MEMSER OF NEIGH VIRrCH1 QOB 33 USED DEMAND NOTE 7 WIN GRILLS 0UNKNOWN In 31 OA A 1 B OTHER 1'EB OR NO S4 USED L.00KOLJI' I B lalliBJ D O ON I 32 Ct[t 7 I8 MEARBl7a OF OPERATION S 6N'r7 36 USED DRIVER 0 ilc E U0HTlNQ ON 4 HDU tl FERES I N vi 'H4 38USED MATT HMMDL..f E DOOR LOCKED 39AI I ❑ E B7 USED VICTIM'S NAME 1 L OBSCURED INTERIOR VIEW OL YE3 O 35 ER VEHICLE ENTRY 10 HAD(OAA BUBJ PECTI0N7 384 VICTIM'S 'COMMERGIAUBUSINESS) 1 3OORTRU11K FOR FD I QOg .07 YES OS NO SUET0ABE/PH.LDWCABE 12 SECURITY SIGNING PL7l9LC E (FLUNK FORCED WHEM 89 USED VICnM'S TOOLS ;XW ALARM ETC.) 3BCHUACH qn� 3W'NO SI KE t9LNKNCWN 4 WIN170 40 VEK N®m TO REMOVE 37 HOSP UAL PROPERTY 14 OTHER 38 PARK/FLAYGRO a VYIND W B 1Ik7LDG 41 CUT/O1J3CONNECTI�PHONE 38PAAICIN LOT 42 CASEDLOCAroNLTEFORECMMrz TUN WN 4D C ING 48 FDLLOWEDISTA TJ V'Cl1M B 9q 41 H 'X„44 OMER ,!rot - I rasa ! � M _�. _.m -- 48 REET/HWWALLE1/ PHYSICAL CONDITION 77 RELATIONSHIP TO SUSPECT _OTHER PHYSICAL 1$ MAAIDiL13TATUS 9' I UNDER INFL ALCOHOL/ CIMS I KUt38ANU 9 OTHEfT LY Ct14 I 1 SINGLE L715 PIIS CAMPER Cos BRCIGB e2 NFE TDA MTANCl: 2iWARRIED ' 2 SICKINJU RED -MOTHER END 3?.VORCS) afi ht[7TOR FIOYfE 3 SE41OR C-'{ZEPL . 47 PASSENGER FATHER 12 BOYFFTI9VD 4 SEPAR1413] 4 BLIND 'DAUGHTER 19.RLFfIfM 5 ANNUUED Id P1C !P 5"IANDICAPPEO 6 SON 1 NETGNSOR 3 COMMON LAIN 9 TR 6 OFA( gpO :E'R S SUS REBS ASSOC A'E .'I)O ft ;'ER) .0 RUCK 7 MUTE -6 9TER td 6TRANG£R NKNOWN �1'IAV 2 MEV7AL_Y/.E3IOTICNAL.LY i7 3 KNOWN OTHER ER MPA;ReD 9 OTHER TUSTIN POUCE.DEPARTMENT • REPORT NARRATIVE M16-2987 = PG#1 An undercover operations was conducted at IV Y Lounge &Orin at the direction of Code.Enforcement to find any-CUP And/or ABC violations. Narrative: O604-29-16,*approximately 2330 hours, I was working,a plain clothes detail at 1VY:Lounge :& Grill located at 14001Newport Ave. Ste A. iVth me during the; t operation was Sergeant Cartwright,and Officer Jankowski Sergeant .Cartwright and,-,'Officer Jankowski were.alsowearing plain clo#hes, ' We arrived at 2330,hours and were sat on the patio outsideahe restaurant:Outside them were 44tvailhble seats, with approximately 30-patrons: Inside there were 40' available seats with;32 patrons. The stafwasserving food, beverages, and'hookah both insde'and'out.-At the time Of our arrival there'were five separate tables inside actively smoking hookah and drinking. From the .time we arrived until 0110 hours, .the staff were still._ accepting new patrons and seating them both inside and out. At,2345 hours, Sergeant Cartwright, Officer Jankowski, and I ordered alcoholic ', beverages:and food At 0005 hours,we ordered.more alcoholic:beverages and.a hookah, At-'0027 hours, a group of five males':ardved' and were -seated outside and given menus.There were Later served food and hookah. At 0048 hours, another group of four females and one male were seated inside and given beverages:and hookah. M70100-hoursanother group of five males arrived.and were-seated-..outside. There - were also,sezved food,:andhookah.. At 0115. hours;.I counted 35 patrons''inside at,7 separate tables. Each table.had at least one hookah. Ward`1243 TUSTIN POLICE DEPARTMENT REPORT NARRATIVE CR#15-2987 PG#2 At 0124 flours,the owner turned the "OPEN" sign off. Throughout the course of the evening we were served several alcoholic beverages. We were allowed order our last round of alcohol and continued to drink them until 0211 hours. At 0211 hours, while leaving, we witnessed two males who were trying to fight each other in the parking lot. The two males were separated by other patrons. We were unable to figure out what they were fighting over because they were yelling at each other in a foreign language. I request this report be forwarded to the City of Tustin Code Enforcement for further review. I also request a copy of this report be forwarded to the Alcoholic Beverage Control (ABC) for further review. and 41243 -Ej%th i ts Community Development Department T S 'IN May 9,2016 ` Mr.Vahid Adamkhoshbakht H;nuFff` Ivy Lounge and Grill BUILDING OUR FUTURE 14MI Newport Avenue, Unit A HONORING OUR PAST Tustin,CA 9.2780 SUBJECT: REVOCATION OF CUP 2015-05 FOR DIV-SITE BEER AND MNh SALES (ABC LICENSE TYPE 41)AND OR 2025-WS (OUTDOOR SEATING) AT IVY LOUNGE, 14001 NEWPORT AVENUE, UNIT A,TUSTIN Dear Mr.Adamkhoshbakht: On January 7, 2016, the Tustin City Attorney wrote to inform you that the operation of the business at 14001 Newport Avenue, Unit A,Tustin (Ivy Lounge)was being conducted in violation of the conditions of approval for Conditional Use Permit (CUP) 2015-05 (authorizing on-site beer and wine sales) and Design Review (DR) 2015-005 (authorizing outdoor restaurant seating). At that time, the City Attorney requested that you to Immediately correct the violations and cease operating In a manner contrary to CUP 2015-05 and DR 2015-005, and the Tustin City Code. Since that time, City of Tustin staff have documented numerous occasions when the business has repeatedly and continually operated in violation of CUP 2015-05, DR 2015-005, and the Tustin City Code. The Tustin Planning Commission will hold a hearing to consider staff's recommendation that CUP 2015-05 and DR 2015-005 be revoked. The recommendation will be forwarded to the Tustin City Council for final consideration and action. Staff has scheduled the matter for hearing on June 14, 2016, at 7:00 pm. A staff report will be available to you 72 hours prior to the hearing. Please contact me at (714)573-31.06, If you have any questions regarding this matter. Sincerely, Dana L. Ogdon. AIC Assistant Director Cc:Samantha Beier,Assistant Planner Brad Steen, Code Enforcement Dana:Ur.ivy Lounge tteq e% hnt ?eta. - 11 l! j ���"'".'� w .t fir—•r,. �.. I i 9 , T i 1: �•^W'�F 4 R ��+i 1 J J E_. Old At � � � 'A.X11 •;•4u. a . J , r �.J P 1 r►A ,l� a t x. .s y ,F. tt pp 9 jam 14 n ,r Mi. t�l� c y. ti s " #y „t aro � �w," k^,t; . , •^� r, "r"'"'";�rte".".,. , i Y . a �t ,r 9�m fr a y qtr,fir."• ,,r — 'v @y sn � eta` "° Ir �X Yt W h { * a �p Ark y } k r 1 r 1 ..t t't - L is I t 1 ,R} { 1717 r a a � Jk 44, MW 4 wyrud�.e, y. iF %s 'Mt w .'.7�►i't '► ., ;�,,,. :'fir'M1 r i r'T`.ra,� !41 f /r A'7�r"�'.w " py"p,yT1'R,•.�SP1 . .0 _ .. �$. 441, mom •w u ro '. o do IML 111111111 e a d, i� n""-.•.Ak b "1 Z f Att ,. c, hnilzint Tustin Police Deparbnent r., CaaNs For Service Report Genarated by 1120 on 5/29/2016 Search Crftrla; City: TU J Time Range: 04/29/15 00:01 - 05/29/16 23:59 1 Agency: F,P 1 Address: 14001 NEWPORT AV #A Incident JA Date I TIme I Iype I NOI unit I plepo !Location �. STUOOMW P 06126M5 0244:60 413E LOUD MUSIC 310 05 14001 NEWPORT AV#A 5TUO024239 P 05190115 226US 416E LOUD MUSIC 3101 05 14001 NEWPORT AV#A 6TU0032376 P 07/17M6 2329:10 415E LOUD MUSIC 312 05 14001 NEWPORTAV#A 5TU00339M9 P 07128!15 01:17A2 415E LOUD MUSIC 713 05 14001 NEWPORTAV#A 5700034438 P 07I M S 11:0030 4888 PETTY THEFT BIKE C4 03 14001 NEWPORT AV#A 6TUO03480 P 08101/15 02:18:23 PC PATROL CHECK S31 COP 14001 NEWPORT AVAA 6TIJ003497B P 0810VIS 23:48:03 PC PATROL CHECK S31 COP 14001 NEWPORT AV#A 5TUDDS4993 P 0&02116 0212:32 PC PATROL CHECK 831 COP 14001 NEWPORT AV#A 5TUDD34M P 08/02M5 0240:17 415E LOUD MUSIC 310 05 14001 NEWPORT AV#A 5T00036449 P 08111/16 19:14528 CC W/CODE ENF A2 COMP 14001 NEWPORT AV#A 6TUQ040305 P 09108M6 OD21t09 PC PATROL CHECK 831 COP 14001 NEWPORT"#A 5TUDMI14 P 100}7!15 23.18ZD 416E PARTY/MUSIC DIST 510 D5 14001 NEWPORT AV#A 6TUDD46138 P 10/09/16 01:86,24 PC PATROL CHECK S31 COP 14001 NEWPORT AV#A 6TUDDS16M P 11112115 23:35:58 PC PATROL CHECK 310 COP 14001 NEWPORT AV#A 6TUDD51M P I V13116 00:37:99 PC PATROL CHECK 591 COP 14001 NEWPORT AV#A STUOD5201O P 11/15/15 01:62;45 PC PATROL CHECK 310 COP 14001 NEWPORT AV#A M0052444 P 11/17116 18:38:34 INFO INFORMATION ONLY 03 14001 NEWPORT AV#A 6TUO052990 P 11/21/16 00:40.51 PC PATROL CHECK S31 COP 14001 NEWPORT AV#A S1UO054077 P 11/28116 23:39:48 C5 STAKEOUT 825 COMP 14001 NEWPORT AV#A 6700054108 P /1129115 05:18"00 PC PATROL CHECK 310 06 14OD1 NEWPORT AV#A 6T00066218 P 12112/16 20:19:38 TS TRAFFIC STOP 721 DW 14001 NEWPORT AV#A 6TUDODDS56 P 01103/16 00:07:38 PC PATROL CHECK 831 COP 14001 NEWPORT AV#A MODOIO77 P 01108/10 00:28:68 PC PATROL CHECK 310 COMP 14001 NEWPORT AV#A STUD001456 P 01111/16 00:10:63 TS TRAFFIC STOP 721 OW 14001 NEWPORT AV#A GTUDOOSS20 P 02110/16 01.37:19 INFO INFORMATION ONLY 03 14001 NEWPORT AV 4A M0012855 P 03120116 02:04:25 PC PATROL CHECK 831 COP 14001 NEWPORT AV#A 6TUO0139M P 03126/18 01:5203 PC PATROL CHECK 931 COP 14001 NEWPORT AV#A M0014236 P 03127/18 182427 INFO OCFA COMP 14001 NEWPORT AV#A 8TUMISS29 P 04103/16 21:02:18 INFO INFORMATION ONL 311 03 14001 NEWPORTAV#A BTUDDISM P 04/07118 23:24:18 PC PATROL CHECK 310 COP 14001 NEWPORT AV#A 6TUO018381 P 04109116 01:18:63 PC PATROL CHECK 310 COP 14001 NEWPORT AV#A STUO017410 P 04115/16 08:41:06 TS TRAFFIC STOP 611 DC 14001 NEWPORT AV#A 6TUD017695 P 04/17/16 00:25:56 PC PATROL CHECK 310 COP 14001 NEWPORT AV#A 8TUD018495 P 04121118 23.36:24 PC PATROL CHECK 310 COP 14DO1 NEWPORT AV#A 9MG018715 P 04/23/18 01'18,13 PC PATROL CHECK 310 COP 14001 NEWPORT AV#A OTUD018900 P 04124116 01:90:14 PC PATROL CHECK 310 COP 14001 NEWPORT AV#A OTUD020340 P 061103/16 14:36:30 INFO INFORMATION ONL 825 03 14001 NEWPORT AV#A BTUD02D422 P 05/04/18 0122:15 925C SUSP OCC VEH 412 OS 14001 NEWPORT AV#A Ut-FILIAL COPY r BURNISHED to any other person or Page 1 d 1 agency except as provided by law without the express permission of the Tjstln Police Department, and Is to be rrtumW to thio Department upon demand. 'pl, #� usUn Polka Department T;4y d; Calls For servIc I Report , Generated by 1120 0^ 5/25/2016 5rt11CCh rir�: City;TU 1 Time Range: 04/29115 04:01-05/29/16 23:59 Agency: FP Address: 14001 NEWPORT AV *A Indden4�AT~ i[3ata time YPe tdOl LOl Stlon MV0023M P 0&W5 02:44:.60 4168 LOUD MUSIC 810 45 14001 NEWPORT AV IIA 1149 05J2511S 02:57:50 CASE NUMBER= U-15.00010837 CM) 1238 05126M6 02:44:60 INCIDENT NUMBER:6fU0023285 1949 08126116 0280:11 i ru in ua mir.AND PEOPLE BEING CRAZY FOR THE PAST 1.6 HRS, 1149 W 115 02:5710 Closed 411W:ADVISED 1140 06126M6 02.5710 WARD FITZ PAWC°U 6TU0O24239 P 0WOM6 22:65:08 416E LOUD MUSIC 310 Oa 14001 NEWPORT AV#A 909 05130115 2323:54 CASE NUMBER= LI-16-00011928(" 1267 OSA0115 22:55:08 INCIDENT NUMBERMU0024239 1257 05/3OM6 22.65x18 LOUD MUSIC AND YELLING 909 051=6 23:1318 NUA DUE TO AA-M24236 909 05150/15 2323:54 Closed dls;w:ADVISED 908 OMWI6 23:2&,64 WEARD SMOD32076 P 07M7MS 2329:18 4116E LOUD MUSIC 312 05 14001 NEWPORT AV#A 1239 0711SM5 00:0019 CASE NUMBER= U-15-00015401(TUI) 1149 07/17116 2329:19 INCIDENT NUMSFR/10032676 1239 07/18115 00:00:09 Closed dispa:ADVISED 1230 07/19/18 00:00:09 SMITH-PAWC AND MUSIC TURNED DOWN STUOU33919 P D7126115 01:17:42 415E LOUD MUSIC 713 05 140D1 NEWPORT AV#A 1298 07/78/15 01:26:48 CASE NUMBER= LI-1x-00018042(TU) 1257 0788/15 01:17:42 INCIDENT NUMBER:BTU0033919 1257 07/26/15 01:17:42 ALSO LOUD"SCREAMING AND HOLLERING .RP WOULD LIKE TO SIGN 1239 07125115 0126A8 Closed dispo:ADVISED 1239 07/26/15 01:26:48 FITZPATRICK-OWNER ADVISED AND WILL TURN DOWN MUSIC 1239 0785115 01:31:45 RP WAD CONTACTED,WILL FOLLOW UP WITH BUSINESS LICENSING. STUO034430 P 07129118 11:00:30 4888 PATTY THEFT BIKE C4 03 14001 NEWPORT AV#A 1108 07128115 112529 CASE NUMBER= CR45-00004534(TU) 1044 0788/15 11:00:30 INCIDENT NUMBER:Moos4438 1044 0788/15 11:00:30 RP'S BIKE WAS WAS CHAINED TO AN ELECTRICAL BOX AND TAKEN LAST NIGHT.UNK SUSP CUT THROUGH THE CHAIN.LOSS WAS THE BIKE AND CHAIN.DKGRY 9G BIKE BEACH CRUISER WITH BLK WHEELS.OCC 072815 1800 2000.RP IS NOW AT HOME ON MFTCHELL- 1108 97129/15 11:19:24 1021 RP-87 AT BACK DOOR 1193 07129115 110:27 RP DID NOT KNOW SERIAL NUMBER FOR BIKEAND DESIRES PROS 1106 07128/15 11:36:10 Closed dlspo:ORIG REPORT TAKEN 1106 07/28115 11:36:10 GARZONE 468RPT 57U0034343 P 0810015 02:18:23 PC PATROL CHECK 531 COP -140DI NEWPORT AV IIA 1149 08101115 02:18:24 1NCIDENT NUMBER:STU0034843 77 IIED or P406 L of 6 s <.a°Yr HI=D to i�[ny r,L�hei )�ersari or agency except as provided by law without the express permission of the Tustin Police Department, and Is to be returned to the Department upon demand Tustin Police BeparliwlTr en.. Calls For'Serines Report Gensrated by 1120 on 5129/2;16 5 .�[Itetlla: City:TU Time Range: 04/29/15 00:01 -05/79/16 25:59 1 Agency: FSP I Address: 14001 NEWPORT AV AA Ia+WW4 AT-..�� — T'ime� TYP* IOI _ -�llnit DInpo ILocation. 1149 001115 612:18:43 Closed dlspo:COP ACTIVITY 1149 08/1111/6 02:18:43 WHITELEY SUB,7S OUT ON THE PATIO 57110034978 P 0810/115 23:40.03 PC PATROLCHECK 831 COP 14001 NEWPORT AV#A 1239 08/01115 23:48;03 INCIDENT NUMBER:MMOS4978 1239 08101/15 29:47:13 Closed dtspn:COP ACTIVITY 1299 08101115 23:47:13 WHITELEY 1239 08M2N b 05:45:37 SUBJS WERE OUT ON THE PATIO SMOJGNG HOOKAH SM034M P OWl0 S 102:12:32 PC PATROL CHECK S31 COP 14001 NEWPORT AV#A 1739 08102116 02:12-M INCIDENT NUMBER:5TU0034993 1239 08102/16 02:12;89 Closed diepo:COP ACTIVITY 1239 08/02!16 0213.00 WHITELEY-NUMEROUS PATRONS SMOKING HOOKAH OUTSIDE 5TUO034ON P 08/02115 02:40:17 418E LOUD MUSIC 310 05 14001 NEWPORT AV#A 1239 08102!16 03:02:54 CASE NUMBER= LI-1"DO1%78(TU) 1239 08102115 02:40:17 INCIDENT NUMBEFt5T114034998 1259 08102MB 09:02:64 Closed dlepo:ADVISED 1239 OW2M 6 03:02:54 WARD-BUSN CLOSED FOR THE NIGHT 5TU'0036449 P 08/11115 13:14:20 CC W1 CODE ENF A2 COMP 14001 NEWPORT AV AA 1284 00111/15 13:14:26 INCIDENT NUMBER:5TU0038449 1264 08111116 14:27:22 CODE ENP ISSUED ADMIN NOTICE OF VIOLATION 1264 06111115 14:28:02 Closed dlspo:COMPLETED 1261 08!11116 1428:02 TRAHAN STUOM305 P 09/05115 00:22..''03 PC PATROL CHECK 831 COP 14001 NEWPORT AV AIA 1238 09105115 00:22:03 INCIDENT NUMBER UTUOO40305 1.239 09105/15 00:22:03 STILL OPEN AND MUSIC ON THE PATIO 9239 09105/15 00:22:14 Clasad dlapo:COP ACTIVITY 1239 09105/76 00:22:14 WHITELEY 5TUO045114 P 10/02115 23:18:59 41SE PARTYIMUSIC DIST 510 05 14001 NEWPORT AV#A 1239 10102115 23:54:17 CASE NUMBER= LJ-15-00021503(TU) 1257 10102/15 23:18:69 INCIDENT NUMBF-R:STUOMI14 1257 10102/15 23:19:59 DOOR IS OPEN W/MUSIC BLASTING-RP WANTS TO SIGN 1239 10/02/15 23:54:17 Closed dispo:ADVISED 1239 10102115 23:54:17 WHITELEY-ADVISED TO TURN DOWN THE MUSIC STU0045130 P 10103115 01:35:24 PC PATROL CHECK 931 COP 140D1 NEWPORT AV IPA 1239 10/03/15 0135.'14 INCIDENT HUM8ER:6TU0045136 1238 10103115 01:35:24 MUSIC 18 OFF,20 PPL ON THE PA110 1239 I OIO /15 01:35:35 Closed dispo:COP ACTIVITY 1239 10109!15 (1:35:35 WHITELEY OFF! !AL COPY , !OPTED or Page 2 of 6 Y° Other person or agency except as Provided by law without the express permission of the Tustin Polite Department, and Is to be rcturned to the Depa tment upon demand. Tusd n 'Police Depa 1'l:me.-t sy s" , Calls For Service Report Gereret,ed by 1124 on 5/24/ZD16 AMMI191fttla: Clty: TU -nme Range: 04/29/15 00:01 -05/29/16 23:59 1 Agency: F,P I Addy : 14001 NEWPORT AV #A ! l ncldentA _ Tlr>M1e JTYPtVIC1I �.runn �Dlspa �l eros:#an _ _ _- M0051070 P 11M2t16 23:35:59 PC PATROL CHECK 1310 COP 14001 NEWPORT AV#A 1149 11/12115 233M59 INCIDENT NUMBEfUTUO051670 1149 111121.15 23:40:48 Closed diaper:COP ACTPATY 1149 11112115 28:40:48 COSSACK 5TU0061879 P 11113M5 00:37:89 PC PATROL.CHECK '931 COP 14001 NEWPORT AV IfA 1149 11113/15 00:3739 INCIDENT NUMBER:51U0051679 1149 11/13115 0=7:52 Closed dlepo:COP ACTilW 1149 11!13116 OD:37:62 WHITELEY ST1.1005"10 P 11H6f16 01:62:46 PC PATROL CHECK 310 COP 14061 NEWPORT Ail#A 1239 11116115 01:62!'46 INCIDENT NIUMBERZTUDD52010 1239 111161.16 01:55:12 Closed dlspo:COP ACTIVITY 1239 11116M5 01;65:12 COSSACK 6TUD052444 P 11A7M 6 16:38:34 INFO INFORMATION ONLY 03 14001 NEWPORT AV#A 1121 11/17115 111:38.36 CASE NUMBER- CR-16-00007061(TU) 1121 11/17116 1L3-&:84 INCIDENT NUMSM-5TU0052444 1121 11117/15 18:38:48 Closed dlapo:ORIG REPORT TAKEN 1121 11/17/15 1818:48 WARD STUO052993 P 11121115 00:40:51 PC PATROL CHECK 331 COP 14001 NEWPORT AV#A 1239 11121/16 00:40:61 INCIDENT NUMBER:6TU0052993 1239 11121/15 04:40:51 SEVERAL.PATRONS ON THE PATIO 1239 11/2/115 00:41.02 Closed dlepo:COP ACTiVITY 1239 11/21/15 00:41,D2 WHITELEY STUD054077 P 11/28/15 23:39:48 C5 STAKEOUT 825 COMP 14001 NEWPORT AV#A 12.99 1111.8!15 23:39:48 INCIDENT NUMBFR:6TU0054077 1257 11/29116 02:44:44 Closed dlepo:COMPLETED 1257 11129/15 02:44:44 91 5T00064106 P 11129/15 06618,00 PC PATROL CHECK 310 06 14001 NEWPORT AV#A 1257 11/28/15 06:27:43 CASE NUMBER= LI-16.OD26876(IJ) 1239 11/29/16 051801 INCIDENT NUMBER:5TUO054108 1239 11129115 05:18:01 REQ OFFICER COSSACK PC IVY LOUNGE-DOCUMENT ON MAVS ANY PATRONS STILL 97 ON THE PATIO 1257 11129!15 05:27:43 Closed dlapo:UTIIGOA 1257 11129116 0517:43 COSSACK-NO ONE IS 97 57UC056216 P 12M2115 20:19:36 TS TRAFFIC STOP 721 I)11Vi 14001 NEWPORT AV#A 1149 12112116 20:19:37 INCIDENT NUMBER:5TUD056216 1149 12112/16 20:19-P QL,721 .6NQX997,Cpl 1149 12/12115 201:24 Closed dlspo'DRIVER WARNED 1149 12112115 2011:24 GIRGENTII T; n� Page 3 of 6 N " aIE0 Or agc::lf-V K xeept a5 orrc�vid d� y c:r Without thc, exvress Qer,-r ss,'. T'u tin Ponce Depart:neni, and is to be turned to t'11e G)enjr-L--C'r t UPOr1 demand jus t5n Felice spa enrn Jy Calls For Service 'Report Generated by 1120 an 5/29/2:,16 1lMh-GftdA: CRy: TU f Time Range: 044/29/15(10:01 -05/29/16 23:59 Agency: F,P Address: 14001 NEWPORT AV *A indd 4— l'"! Data i"!me ,YFe 40 I~� MOODD966 P 011Q9110 00:07:98 PC PATROL CHECK 831 COP 14001 NEWPORT AV 1A 1280 01103/18 00:07:38 INCIDENT NUMBERXTUODOW58 1239 01103118 00:08:18 BUSH STILL OPEN AND PATRONS INSIDE 1239 0110018 00:08:20 Closed d1spo:COP ACTIVITY 1239 01/03198 00:080 WHTTELEY STUD01HO77 P "Will 00;28:58 PC PATROL CHECK SID COMP 14001 NEWPORT AV#A 1149 01108/18 0029:68 INCIDENT NUMBER^6TU0001077 1149 O11I hlfl 00:27:07 PEOPLE ARE INSIDE BUT IT 18 04 1149 011W8 0027:16 Closed dispo:COMPLETED 1149 01108/16 00 7:18 COSSACK OMOOD1458 P MIM8 00,10:68 TS TRAFFIC STOP 721 ow 14001 NEWPORT AV#A 1D44 01111116 00:10:63 INCIDENT NIUMBER.'6Tt1001456 1044 01/11116 00:10:63 01.,721 ,3)(DL1B2.CA 1044 01111M8 00:14:09 Closed dlspo:DRIVER WARNED 1044 01111118 00:14:09 GIRGENNTI UTUODDS320 P 02/10118 01:317:18 INFO INFORMATION ONLY 03 14001 NEWPORT AV#A 1044 02/10/16 01:37:21 CASE NUMBER= CR-18-00001001 (TU) 11344 02110/16 01:37:19 INCIDENT NUM8ER:BTU0006320 1044 02/10/16 01:37:30 Closed dlspo:ORIG REPORT TAKEN 1044 02/10/16 01:37:30 WARD OTU0012865 P 03120/16 Q2:04:26 PC PATROL.CHECK 891 COP 14001 NEWPORT AV#A 1239 03/20/16 02:04:26 INCIDENT NUMBER:8TU0012855 1239 03/20/16 02:04:26 PATRONS STILL INSIDE AND OUTSIDE 1239 03/20/16 02:043 Closed dlepo:GOP ACTIVITY 1239 03/20/16 02:0433 WHITELEY OTUD013960 P 03128/16 01:S2:03 PC PATROL CHECK $31 COP 14041 NEWPORT AV#A 1239 03/28/18 01:62:03 INCIDENT NUMBER:6TU0013966 1238 03128/18 01:62:03 STILL OPEN,PPL INS 1239 03/28116 01:62:12 Closed dlspa:COP ACTIVITY 1239 03126116 D1:52.12 WHITELEY M0014236 P 03127119 18:24:27 INFO DCPA COMP 14001 NEWPORT AV#A 1239 133/27116 18:24:27 INCIDENT NUMBER:STU0014236 1239 03/27/16 18:24:77 BETWEEN IVY LOUNGE 8 THE MOTOR LODGE.COAL$SMOK'NG IN BUCKET 1239 0312.7/18 1824:33 Closed dispo:COMPLETED 1239 03127/16 18:24:33 KUYKENDALL OTUDP16529 P 04/03116 21:02:18 INFD INFORMATION ONL 911 03 140D NEWPORT AV DA 1239 WC3116 21:2614 CASE NUMBER= CR-18-130002380(TU) 1220 04/03116 21:0219 ENCOENT NUMBER.-M0015529 Page 4 aF 6 -'Ice �epartment TusUn ?%0 Calls For Service Report Generated by 212.0 an 5/29/2016 fearchCrIlerie: City:ILl Time Range: 04/29/15 00:01 - 05129/15 23:59 j Agency: F,P I Addrass: 14001 NEWPORT AV *A TUnitYndderrt Date T Time Tom�NOI - wSpa- f cocatfon 1220 041=6 21:12:15 926 1220 04109198 21:13:95 928AARCHIES 1220 04103116 21:16:40 Ca,712 ,TGKGM,CA 1220 04AW 6 21:15'A6 40,712 , 1280 04103Me 210:57 REQ 626 FB FOR HONDA 1238 0414911 B 2125:04 925A FS CA TOW 1225 04J0` O 21:54:18 UNIT am 1220 041431/6 22:14.16 Closed d1spa:ORIG REPORT TAKEN 1224 04 6 22:14:16 CROUCH 6TUDOiSM P 04107110 23:24,18 PC PATROL CHECK 310 COP 1 001 NEWPORT AV#A 1200 04M7H6 23:24:16 INCIDENT NUMSEFOITUOMI 222 1247 04)07/15 23:24:50 APPROX 20 PEOPLE ON PATIO AND INSIDE ESTABLISHMENT.PEOPLE SMOKING HOOKAHAND EMPLOYEES S11LL SERVING CUSTOMERS. 1247 D4/07118 23:25:36 BOTH"OPEN*SIGNS ARE STILL ACTNATED(OPEN SIGN FACING NEWPORT AVENUE,ANDStGN FACING EL CAMINO REAL). 1247 04107/16 23:6:02 PATIO HEATERS ARE STILL LIT AND ACTIVE, 1247 04M7116 23:25:18 BUSINESS APPEARS 70 BE OPEN ANDOPERATIONAL 1200 04/07/16 23;29:45 Closed dlepo:COP ACTIVITY 1200 04107116 23:2.0:45 COSSACK OT1.1001631i1 P 04144116 01:18!63 PC PATROL CHECK 310 COP 14001 NEWPORT AV#A 1238 04149118 01:16:63 INCIDENT NUMBERTWD018381 1247 04109/16 0120:10 BUSINESS APPEARS TO BE OPEN,APPROX10-16 PATRONS INSIDE AND ON PATIO 1247 4410@116 01.20:46 PATIO HEATERS ARE ACTIVATED 1238 04109/18 01:2260 Closed dlspo:COP ACTIVITY 1238 04109/16 01:22:60 COSSACK ST00017418 P 041151/8 08:41:0$ TS TRAFFIC 370P 611 DC 14001 NEWPORT AV#A 1220 04116116 08:41:08 INCIDENT NUMBER:87U0017418 1220 44/16116 08:41:08 QL,611 ,6YKV600,CA 1044 04/15/18 OB:43:49 QN,611 1220 04115116 08:65:64 Closed dlspo:DRIVER CITED 1220 0411511 B 08:55:64 ALFONSO STUD017695 P 04117118 00:25:59 PC PATROL CHECK 310 COP 14001 NEWPORT AV 8A 1257 04/17118 40:26:58 INCIDENT NUMBER:STUO017695 1247 04/17116 00:26:25 *OPE=N"SIGN ILLUMINATED AFTER CLOSINGTIME 1247 04117/10 00:27:00 MULTIPLE PATRONS ON PATIO AND INSIDE OFESTABUSHMENT.BUSINESS SEEMS OTHERWISEOPEN,AND FULLY OPMYtONAL- 1257 04117/16 00:28:14 Closed dispo:COP ACTIVITY 1257 04117116 00:28:14 COSSACK Page 5 of 6 3ce Department } Calls For Service Report Generated by 1120 0, 5/29/2;.,6 Clty: TU Time Range; 04/29/15 00:01 - 05/29/16 23:59 1 Agency: F,P E Address: 14001 NEWPORT AV #A YDaae Tkne jType 7d11I -- — - Ural! 6TUDDI 499 P D4124t1E 23:3624 PC PATROL CHECK 310 COP 14001 NEWPORT AV#A 1200 04171/16 23;36.'24 INCIDENT NUMBER:6TU00184.95 1247 04121t18 23:36:44 *OPEN*SIGN ILLUMINATED 1247 GG71M8 23:37:07 20-26 CUSTOMERS ON PATIO AND INSIDEESTABLISHMENT 1247 0+1121116 23:37:8 CUSTOMERS INSIDE LOUNGE SMOKING 1200 "21110 23:38:17 Closed diepo:COP ACTIVITY 12DO D4121/15 23:36:17 COSSACK 6MOD18715 P 04123/18 01,1813 PC PATROL CHECK 310 COP 14001 NEWPORT AV#A 1257 134123/18 01:18,13 INCIDENT NUMBER6TUDD18716 1247 04!'23116 D1:016 APPROXIMATELY 60 PATRONS INSIDE AND ONOUTDOOR PATIO 1247 04=8 01210 CUSTOMERS BFJNG SERVED AND OUTDOORHEATERS ARE ACTIVATED ON PATIO 1247 04R9413 01:21:18 BUSINESS APPEARS OTHERWISE OPEN FORBUSINESS 1257 041234/8 0122:51 Closed dlspo:COP ACT1VI'TY 1257 04123M6 0122~51 COSSACK BTU0018900 P 041T,M16 01:30:14 PC PATROL CHECK 310 COP 14001 NEWPORT AV#A 1267 04124MB DIZI:14 INCIDENT NUMBER:BTU0018800 1247 04/24/16 01:31:34 "OPEN"SIGN ILLUMINATED AFTER HOURS 1247 04124/18 01.'31:60 APPROXIMATELY 15-20 PATRONS INSIDE,SMOKING 1267 04124118 01:32:58 Closed dispa:COP ACTIVITY 1257 04/24116 01:32:66 COSSACK M0024340 P 06!03!18 14:38:310 INFO INFORMATION ONL 828 03 140D1 NEWPORT AV#A 1149 05!03/18 14:36:41 CASE NUMBER a CR-18-00002987(TU) 1149 05/03118 14:38:30 INCIDENT NUMBER:BTU0020940 1149 05/03/16 14:86:58 Closed dlspo:ORIG REPORT TAKEN 1149 05103116 14:38:69 WARD CUP VIOLATIONS 6TOM422 P 05104116 01:32,15 9250 SUSP OCC VEH 412 05 14001 NEWPORT AV#A 1201 004118 03:11;38 CASE NUMBER= Li-10-00009928(TU) 1200 05ID4/18 01:32:15 INCIDENT NUMBER:BTU002D422 1200 06/04/15 01:32:15 SIL INFIN OCCUPIED IFO THE BUISNESS....RP IS CONCERNED BECAUSE HE ALWAYS SEES THE VEH 97 1200 05104116 01:32:9{! RP IS NOT 97,COULD SEE VEH FROM CAMERAS 1201 0510416 02:09:66 01.,410 ,4JPV915,rA 1200 05M V16 02:31:47 QN,411 120' 05/04/16 03:11:38 Closed dlspo:ADVISED 120' 06'04118 03:11:38 JANKOWSKI PAWUD REF SLEEPING IN VEH Page 6 0f 6 Attachment D RESOLUTION NO. 4313- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING THAT THE CITY COUNCIL REVOKE CONDITIONAL USE PERMIT{CUP) 2013-05' FOR ON-SITE SALE AND. CONSUMPTION OF BEER, AND WINE (LICENSE TYPE '41) AND DESIGN REVIEW (DR) 2013-005 FOR OUTDOOR SEATING IN CONJUNCTION WITH THE IVY LOUNGE RESTAURANT LOCATED AT 14001 NEWPORT AVENUE, UNIT A. The Planning Commission does hereby madive as follows: - t. The-Planning Commission finds and,detgrmines asfollows: A. That on April 28, 2016,the Tustin Planning Commisslon adopted Resolution No: 4281, approving CUP,2015-05 (on-alta sale of beer and wine) and'.DR 2015-OQ5(outdoor seating)assoclated with the 1,386 square-foat,restaaumnt and 545 square-foot outdoor seating. area for the Ivy Lounge restaurant located at 1400'1 Newport Avenue, UnRA. B.' That Resolution. 'No. 4281 Included the following conditions determined necessary by the Planning Commission to ensure that the restaurant use r. does not operate ina. manner that Is detrimental to the-community: 2.7 This approval authorizes a Type 41 ABC License (on-site beer and wine sales) in conjunction with a bona fide public eating place. The proposed on-site consumptiion of been and wine must be consistent with-the Department of Alcoholic Beverage Control 'requirements. Any changes and/or upgrades to the ABC. License shall be reviewed and approved by.the Community Development. Dlrector. The sale ,and consumption of alcoholic beverages in the outdoor restaurant seating area shall be restricted by and subject to any required State Alcoholic Beverage Control or other applicable license or permit governing the restaurant. Any outdoor restauraht seating area where alcoholic beverages are sold or consumed shall be enclosed by a border and shall be isupervised,at all times.by an employee of the restaurant No alcoholic beverages may be removed from the outdoor restaurant seating area, except to the interior of the restaurant 2.9 All restaurant use shall complywith the City's Noise,Ordinance. 2.10 No live entertainment or amplified noise'ls-permitte&without a valid Live Entertainment Permit 213 The restaurant establishment shall. have a maximum of thirty­soc (36) seats indoors and thirty-two (32) seats outdoors. Any increase in the number of seats is. subject to written approval :from the 9 i92627.Z Resolution No.4313 Page 2 Community Development Direftr ,A l outdoor fumitur and fixtures must be of durable and sturdy construction and suitable for outdoor u"..'Fumltur+e shall be In good,condition without any,visible dents, tears, rust, corrosion;.or chipped orpee ling paint and that I be in a cleen.condition at all times. C. During the public hearing on the matter,, neither the business oviner nor the property owner expressed any,reservations or opposition to any of the proposed conditions for CUP`2015.05 or-DR 2015-005..,Als_o, no.appeal wras'filed in opposition to any condition°of approval, D,. That on, May ,8, 2016,; the restOurarfs owner (Vahid Adomkhoshbakht) and property owner executed the City's Agreement to Conditions form. = E. That-in response to. citizen .complaints, the Tustin: Police Department; began-documenting.the rdstaurant's violations of the approved conditions_ of approvalwithin 17 days of the Planning.Commisslon's approval:.of CUP 2015-t15'and.DR 2015-005. F. That City staff, Tu tin Police aificers, ;and,- the City Attorney spent, countless hours investigating this case, writing .letters, issuing citations, and 'meeting with, the restaurant owner to obtain his cooperation and compliance with the conditions of'Resolutlon,:no.:4281. Although staff and' the City Attorney were able to resolve the amplified music, hot coals and. signage violations, the° business owner .continues to wllffully ignore Resolution ,No. 4281• conditions 2A.2.7,, and 2.13. A.summary_ of the findings:of the violations..hoted therein are as'follows: Q May 1fi; 2015 to August 2, 2015 - Tustin PD responded to sbr (6) calls for-service related to loud.-noise from the outdoor patio after approved business hours (three .(3) of. the six, (6): corriplaiMs,! involved noise after-.2:00 AM) o That on or about August 7, 2016.; the matter was brought to CRY', Code" Enforcement staff who determined. 'that>:the ivy :Lounge restaurant was frequently operating later than authorized` by the` City; sometimes as late as: AM in violation o'f,Condition 146.°2.4 and 2.7. Also, four-.(4) additional seats and a table;had been added tofile -restaurant, exceeding the maximum allowed by Condition , r No. 2.:13. August 1.1,: 2015 — Code Enforcement issued fifid Notice, of -Violation. 1 ie2WTA ResolutlonNo.4313' Page 3- ; o October 3, 2015 =-`Tustin:.PD notified Code Enforcement staff ftt, e Tustin. PD had responded to a nolse�related: call for service on, _- September 5,; 2015 when the,business was operating to at feast " 1:35 AM. m October B, 2015..;-,Code Enforcement Issued a secondNotice of Violation and issued a-$200.00 administrative citation. o November 12,2015 to November 22, 2015—Tustin PD pertomted three (3) patrol checks to determine whether .the :business wase complying with the City's second Notice of Violation, The business was noted to be operating each:time later than the business houm permitted by Condition 2 4 and'2.Tof Resolution No.4281'.. 4. November 701 2015 — Tustin PD,documented that-the restaurant operated post 2:2Q°AM. . ` o January :7, 2016 - Tfie TUStInr City Attomey sent:a. letter to the . business owner requiring Immediate compliance with all conditions.- ` approval related to Resolution.'No. 4281: or, the City►°-would' schedule a publio'hearing and request the Planning Commissl=to woke the Condit! nal:Use.Perm t'and Desigh,R&Iew.: o January. 18, 2016 The .business owner contacted the City AttomeY. The; business owner Indicated his desire to obtain .permission to expand the restaurant business 'Into the adjoining. :' business leasee space. Also.-.the business owner'lndicated his, desire to request that the Planning Commission modify his.. _ :conditions of approval: so .that.-he could stay open later. The City► Attorney explained how . to"' request Planning Commission -consideration of such `a request, but that tho' business had to comply,w th the existing:conditions associated with Resolution No. 4281 ,until such time that they .were formally Modified by- the; Planning Commission. No application to modify the•conditions of approval.was filed. February 4, 201,6 to April 24, '201 B - Tustin. PD visited'the site ten (10) more times after the approved hours and found, that the restaurant was operating (seven (7) 'of the ten (10) violations were noted after_midnight). o day 9,.2016 -City staff sent a notice to the business owner that „ staff had scheduied,,the revocation of CUP 201,5M.5 Aand DR 20.15 005for consideration by the Tustin Manning Commission. 1162MT Resolutlon .4313 . ; Page 4. G. That Tustin City Code.(TCC)Section 9293c states °Any Conditional Use Permit or variance granted' In accordance with the` terms,of'this chapter may be revoked by the .City Council.''in the manner herelnafter set forth If any of the conditions or terms of such permits.are vioiated,or-d the following flndings are made: , (1) ' in connection with Conditional Use Permits: The continuance,of the , use would be detrimentafto.the.health, safety, morals, comiort and general welfare of the persons residing or' working, in the nelghborhood of-such use, or would be lnjudous-or detrimental to welfare sof the"City. -to tltie general' ghborhood or L property and improvements.in the: rel _ :H.= That TCC Section 9293d:states: °Before the:Clty,Council.considers revocation of any permit, the Planning: - Commission shall hold,a-hearing thereon,after giving written notide-:thereof to the'permittee at`least ten (10) days In advance of such:hearing, Within'` flue '(5) days thereafter, the Commission .shall transmit a report.of its - findings,and its recommendations on the revocation to the 'City Council." revocation of DR 2015-005'(outdoor seating): 1. ' That.,TCC Section 92770(13) states: 'Violation of any of the requirements set;forth in this Section, or any other_ conditions placed .on approval of,an outdoor seating,area by the Caty of Tustin, shall constitute 'a violation of the Tustin City.Code,. subject to , enforcement in any•manner authorized by the Code. In. addition, the Director-of Community Development is. hereby authorized to suspend or revoke any, prior approvai of•an outdoor restaurant seating area, upon continuousor repetitive violation o-such.requirements orconditions." - J. That:on�June 4, :20% a notice of the' public hearing was,publlshed in a newspaper.of general' circulation indicating that the Planning`Commission would consider a report to,revoke-CUP 2015-05'fbr onsite beer and wine; sales (ABC License Type 41) and DR 2015-005- for .outdoor seating; associated with the ,Ivy .Lounge restaurant 'iocated at 14001 New Avenue, Unit A. At least ten (10)days prior to the,hearing,`notioes were also.-" mailed to the last known operator and all- property, owners, within three . hundred:(300)feet of the,site. 'Resolution No.4313. ' Page 5 K. That#or a period a't`one (I)year Mowing'the approval, deni . ai or revocatlan- .v •: of a ;discretionary lend' :dse permit, no application' for the._ same or substanti*similar discretionary permit fbr the same:sRe shall'be filed: L. That the Planning'Commission held a public'hearing :and.considered the evidence as described:In the staff report dated June 14, 2010 (Exhibit Al and recommended`revocation of CUP 2015-05 and DR 2015-005.at a duly, noticed, regular meeting on June 14, 2018. Based`onthat evlden a and discussion. at the meeting,:the Planning Commission has determined the. following„flndings pursuant to TCC Section 9293.c: 1., Restaurants sendng'alcohol.with-outdoor seating that operate late at night have the potential to negatively impact” the 'health, safety; moramis, cornfbrt andi general weffare, of the persons residing or working'In the neighborhood;of such use. Such.activities could also be injurious or detrimental to property and Improvements in the, neighborhood or,to the general weifam of the-City 2. To prevent these.potential Impacts;the Tustin Zoning Cade identifies such .uses as discretionary _(not, an outright permitted -use); that -requires the Tustin Planning Commission to.review and,approve the proposed business,bperation (CUP 2015-05 and DR 2015-005) at'a public hearing. When determined appropriate and necessary, the Tustin Planning Commisslon may.apply reasonable: conditions to their approval to ensure-that the use:does not operate in,a manner that is detrimental to the community. 3. Alcohol sales and outdoor seating,'proposed for the Ivy :Lounge- restaurant was reviewed by the Tustin Planning Commission when it considered and approved CUP` 2015-05and DR 2015-005 on April 28,, 2015. At that time, the Tustin Planning. Commission. approved both discretionary actions. (Resolution No. 4261) with. reasonable , conditions of approval intended ,to prevent the ;business_ .from operating in.,a detrimental manner. ' 4. The business owner and the property owner were present during.the -` public hearing on the matter and executed the C' s A reement to Conditions form .that was later recorded on the property's titie: Yef;` the Tustin Police Department began documenting violations of the approved conditions of approval within; 17 days of the Planning Coritmission's-approval of CUP`2015=05 and DR2015-005. 5. Since approval of CUP 2015-05 and. DR 2015-005,.`:several citizen _ noise, complalnts- have .been received by the Police L Department. related to late-night operation of the Ivy Lounge: The noise was jnyrn stlgated and determined to be coming from the open patio area f,162627:1 Resolution No.4313: ' and'from ioud music fiorn the Interior of the business 'late at-night. The repetfive nolse late'at night lnterIieres with:the,peaceful;use and. enjoyment of nearby properties. Repefte. police activity can also cause cWzen. concerns about the perceived . safety _af the neighborhood or Old,Town In general: The seating limitation required by the Planning Commission, was. Intended• to prevent parking congestion ;on the- site or In the. neighborhood. Additional seating aiso contributes to-the cumulative late night noise coming from .the outdoor patio. Obviously, any activity that results in staff or:police monitoring, policing 5 enforcement, etc., tapes those staff -members A4 police officers away from other activities and assignments. 8. The. business owner 'has Indicated.to staff that his restaurant is popular•and that his•clientele.seeks r urants that�.serve laterthan the imitations established by Re elution No. 4281. rThe restaurenfs i Illegaextension of ns business hours and Increased seadnglparking, demand-may only modMed when authorized by the; City through a noticed_.-public;hearing of the'Planning Commission. 7. Subsequently, Ciiy,staff,`Tustin Police,officers, and tfie,City.Atotney spent countless.hours Investigad g this case, writing°,letters,, issuing citations,. and meeting with the: restaurant owner but :have been unsuccessfui in obtaining compiianowwith all conditions of Resolution No. 4281." Recently, the City Attorney, instructed the'business owner on the procedure1qforrnally request Planning Commission to remove or modify conditions of approval, but reminded him that he must comply with the existing.conditions of Resolution No.;..4281 untii,such time, that -a formai application, to revise them Is considered and: approved. 'Yet, the Tustin Police Departmentdocumented:ten .(10) additionai violations of the approved conditions of approval that: began only seventeen. (17) days after the City -Attorney's conversation with the,business owner., And no application to modify the conditions of approvai was:filed. ; B. The:business owhees-continuous disregard of ResolutionNo. 4281's: conditions of approval subjects the public to continuing detrimental Impacts that,meets the-requirements,of TCC Section-9293; that the operation of the restaurant Is detrimental to the `health, _safety, a morals, comfort: and, general .welfare -of the persons residing or" working in the neighborhood of such use, or would 'be injurious or dbtdmental to property and improvements in the neighborhood;or to h' the general welfare of the City. 9. Pursuant to TCC'Section 9293; the.Tustin City Council-is responsible..,,• for acting on recommendations far revocation of A. CUP. However;; ` the °Planning Commission is required to conduct a hearing, and Resolution No.4313 Page 7 ` transmit a report of its findings to the City- Council for their consideration. 10. That the continuance of CUP 2015-06 for on-site beer and wine sales (ABC License Type 41) and DR 2015-005 for _outdoor seating associated with the Ivy Lounge restaurant located at 14001 Newport Avenue, Unit A, 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 fmprovements in the neighborhood or to the general welfare of the City; and, N. That this project Is Categorically Exempt purauarit to.Section 15270(b) (Article:1 S. Sbdutory'Exemptlons.-- Projects which are disapproved) of the Caffomia Environmental Quallty Act (CEQA). (Guidelines for the Caafftmla Environmental Quality Act). If. The Planning:Commission hereby directs:stiff to transmit a report of the Planning. Commission's findings and recommendation that the 'City Council revoke Permit CUP 2015-05 for onsite beer and wine. sales (ABC ilcense Type 41) and .DR 20"15-U05 for outdoor seating,associated with the;ivy Lounge restaurant located at• 14001 Newport. Avenue, Unit A. Said report shall Include the Planning ' Commission's Agenda Report; adopted Resolution No. 4313, and -the .Planning Commission's Minutes for the meeting of June14,2016. PASSED AND ADOPTED by the Planning Commission,of the City of Tustin,.at a regular meeting on.the 10 day of June, 2016. AUSTIN LUMB_ ARD Chairperson ELIZ ABETH.A. BINSACK Planning Commission Secretary. ��s282r.t Resolution Ido.4313 = Page8 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, Cal'ifomia; that Resolution No. 4393 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10 day of June,2016. PLANNING COMMISSIONER AYES; PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ASSENT: ELIZABETH A BINSACK Planning:Commission Secretary Exhibit A: June 94, 2016 Staff Report and attachments. .1182827.1 Exhibit,A n l .. ,This Exhibit is the same document as the June .. , , - . -14, 2016-staff-report. The-, reiwrt vu fa be attached to-the executed Resolution, but is not being reproduced atlthis tine to reduce the - e_ y: . size of this document. I ATTACHMENT D Planning Commission Resolution No. 4313 RESOLUTION NO. 4313 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING THAT THE CITY COUNCIL SET A HEARING AT ITS FIRST AVAILABLE OR PRACTICAL MEETING TO REVOKE CONDITIONAL USE PERMIT (CUP) 2015-05 FOR ON-SITE SALE AND CONSUMPTION OF BEER AND WINE (LICENSE TYPE 41) AND DESIGN REVIEW (DR) 2015-005 FOR OUTDOOR SEATING IN CONJUNCTION WITH THE IVY LOUNGE RESTAURANT LOCATED AT 14001 NEWPORT AVENUE, UNIT A. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That on April 28, 2015, the Tustin Planning Commission adopted Resolution No. 4281, approving CUP 2015-05 (on-site sale of beer and wine) and DR 2015-005 (outdoor seating) associated with the 1,386 square-foot restaurant and 545 square-foot outdoor seating area for the Ivry Lounge restaurant located at 14001 Newport Avenue, Unit A. B. That Resolution No. 4281 included the following conditions determined necessary by the Planning Commission to ensure that the restaurant use does not operate in a manner that is detrimental to the community: 1.6 Conditional Use Permit 2015-05 and Design Review 2015-005 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 2015-05 and Design Review 2015-005, or is found to be a nuisance or negative impacts are,affecting the surrounding tenants or 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. 1.8 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. J t 2.7 This approval authorizes a Type 41 ABC License (on-site beer and wine sales) in conjunction with a bona fide public eating place. The proposed on-site consumption of beer and wine must.be consistent with the Department of Alcoholic Beverage Control requirements. Any changes and/or upgrades to the ABC License shall be 1162627.1 Resolution No. 4313 Page 2 reviewed and approved by the Community Development Director. The sale and consumption of alcoholic beverages in the outdoor restaurant seating area shall be restricted by and subject to any required State Alcoholic Beverage Control or other applicable license or permit governing the restaurant. Any outdoor restaurant seating area where alcoholic beverages are sold or consumed shall be enclosed by a border and shall be supervised at all times by an employee of the restaurant. No alcoholic beverages may be removed from the outdoor restaurant seating area, except to the interior of the restaurant. 2.9 All restaurant use shall comply with the City's Noise Ordinance. 2.10 No live entertainment or amplified noise is permitted without a valid Live Entertainment Permit. 2.13 The restaurant establishment shall have a maximum of thirty-six (36) seats indoors and thirty-two (32) seats outdoors. Any increase in the number of seats is subject to written approval from the Community Development Director. All outdoor furniture and fixtures must be of durable and sturdy construction and suitable for outdoor use. Furniture shall be in good condition without any visible dents, tears, rust, corrosion, or chipped or peeling paint and that it be in a clean condition at all times. C. During the public hearing on the matter, neither the business owner nor the property owner expressed any reservations or opposition to any of the proposed conditions for CUP 2015-05 or DR 2015-005. Also, no appeal was filed in opposition to any condition of approval. D. That on May 6, 2016, the restaurant's owner (Vahid Adamkhoshbakht) and properly owner executed the City's Agreement to Conditions form. E. That in response to citizen complaints, the Tustin PD began documenting the restaurant's violations of the approved conditions of approval within seventeen (17) days of the Planning Commission's approval of CUP 2015- 05 and DR 2015-005. F. That City staff, Tustin PD, and the City Attorney spent countless hours investigating this case, writing letters, issuing citations, and meeting with the restaurant owner to obtain his cooperation and compliance with the conditions of Resolution no. 4281. Although staff and the City Attorney were able to resolve the amplified music., hot coals and signage violations, the business owner continues to willfully ignore Resolution No. 4281 Condition Nos. 2.4, 2.7, and 2.13. A summary of the findings of the violations noted thereiri are as follows: Resolution No. 4313 Page 3 • May 16, 2015 to August 2, 2015 - Tustin PD responded to six (6) calls for service related to loud noise from the outdoor patio after approved- business hours (three (3) of the six (6) complaints involved noise after 2:00 AM). • That on or about August 7, 2016, the matter was brought to City Code Enforcement staff who determined that the Ivy Lounge restaurant was frequently operating later than authorized by the City; sometimes as late as 2:00 AM in violation of Condition No. 2.4 and 2.7. Also, four (4) additional seats and a table had been added to the restaurant, exceeding the maximum allowed by Condition No. 2.13. • August 11, 2015 — Code Enforcement issued first Notice of Violation. • October 3, 2015 — Tustin PD notified Code Enforcement staff that Tustin PD had responded to a noise-related call for service on September 5, 2015 when the business was operating to at least 1:35 AM. • October 6, 2015 — Code Enforcement issued a second Notice of Violation and issued a $200.00 administrative citation. • November 12, 2015 to November 22, 2015 — Tustin PD performed three (3) patrol checks to determine whether the business was complying with the City's second Notice of Violation. The business was noted to be operating each time later than the business hours permitted by Condition 2.4 and 2.7 of Resolution No. 4281. • November 28, 2015 — Tustin PD documented that the restaurant operated past 2:20 AM. • January 7, 2016 — The City Attorney sent a letter to the business owner requiring immediate compliance with all conditions of approval related to Resolution No. 4281 or the City would schedule a public hearing and request the Planning Commission revoke the CUP and DR. • January 18, 2016 — The business owner contacted the City Attorney. The business owner indicated his desire to obtain permission to expand the restaurant business into the adjoining business lease space. Also, the business owner indicated his desire to request that the Planning Commission modify his conditions of approval so that he could stay open later. The City Attorney explained how to request Planning Commission consideration of such a request, but that the Resolution No. 4313 Page 4 business had to comply with the existing conditions associated with Resolution No. 4281 until such time that they were formally modified by the Planning Commission. No application.to modify the conditions of approval was filed. • February 4, 2016 to April 24, 2016 - Tustin PD visited the site ten (10) more times after the approved hours and found that the restaurant was operating (seven (7) of the ten (10) violations were noted after midnight). • May 9, 2016 — City staff sent a notice to the business owner that staff had scheduled the revocation of CUP 2015-05 and DR 2015-005 for consideration by the Planning Commission. G. That Tustin City Code (TCC) Section 9293c states: "Any Conditional Use Permit or variance granted in accordance with the , terms of this chapter may be revoked by the City Council -in the manner hereinafter set forth if any of the conditions or terms of such permits are violated or if the following findings are made: (1) In connection with Conditional 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." H. That TCC Section 9293d states: "Before the City Council considers revocation of any permit, the Planning Commission shall hold a hearing thereon after giving written notice thereof to the permittee at least ten (10) days in advance of such hearing. Within five (5) days thereafter, the Commission shall transmit a report of its findings and its recommendations on the revocation to the City Council." revocation of DR 2015-005 (outdoor seating): 1. That,TCC Section 9277e(13) states: "Violation of any of the requirements set forth in this Section, or any other conditions placed on approval of an outdoor seating area by the City of Tustin, shall constitute a violation of the Tustin City Code, subject to enforcement in any manner authorized by the Code. In addition, the Director of Community Development is hereby authorized to suspend or revoke any prior approval of an outdoor restaurant seating area upon continuous or repetitive violation of such requirements or conditions." Resolution No.4313 Page 5 J. That on June 4, 2016, 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 2015-05 for on-site beer and wine sales (ABC License Type 41) and DR 201.5-005 for outdoor seating associated with the Ivy Lounge restaurant located at 14001 Newport Avenue, Unit A. At least ten (10) 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. K. That the Planning Commission continued the public hearing to July 12, 2016, with the following stipulations: 1. The ,public hearing was opened as scheduled at the June 14, 2016, Planning Commission meeting. The business owner personally appeared at the hearing and agreed, on the record, to strictly comply with all of the conditions of approval in Resolution 4281, 2. The City will conduct regular but random inspections to confirm strict compliance with all of the Conditions of Approval. if there are any further violations of any of the conditions, the revocation process will move forward at the next regularly scheduled Planning Commission meeting. 3. Each prospective purchaser of the business must be notified, at a minimum, of: the Conditions of Approval;- the enforcement actions taken by the City; and the continued revocation hearing. 4. Before the close of escrow, on any sale of the business, the new buyer must do the following: submit a duly notarized acknowledgment and acceptance of the conditions of approval on the City's standard form; and appear before the Planning Commission at a continued hearing on the proposed. revocation and affirm: their understanding and acceptance of the Conditions of Approval in Resolution 4281. 5. The current owner must reimburse the City for all administrative costs incurred by the City to date in connection with the City's efforts to enforce the conditions of approval and/or to revoke the approvals. The owner must also pay any outstanding administrative citations, and agree to reimburse the City for any future enforcement costs incurred while he owns the business. The owner agreed to pay these costs in Conditions 1.5 and 1.8 of Resolution 4281. L. That the stipulations agreed upon at the June 14th Planning Commission meeting have not been satisfied as follows: Resolution No. 4313 Page 6 • No new purchaser has been presented to the City nor has an acknowledgement of the enforcement actions or the acceptance of the conditions of approval been provided. To the contrary, at a counter inquiry, a potential buyer said he was told by the business owner that the business can open until 2 a.m. • The owner has not reimbursed the City for any administrative costs related to enforcement actions incurred to date nor did he pay after the City provided him with the invoice and a date by which to pay. M. That the Planning Commission held a public hearing on July 12, 2016, for the revocation of CUP 2015-05 for on-site beer and wine sales (ABC License Type 41) and DR 2015-005 for outdoor seating associated with the Ivy Lounge restaurant located at 14001 Newport Avenue, Unit A. N. 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. O. That the Planning Commission held public hearings and considered the evidence as described in the staff reports dated June 14, 2016 and July 12, 2016 (Exhibit A) and recommended revocation of CUP 2015-05 and DR 2015-005 at a duly noticed, regular meeting on June 14, 2016 and continued regular meeting of July 12, 2016. Based on that evidence and discussion at the meeting, the Planning Commission has determined the following,findings pursuant to TCC Section 9293.c: 1. Restaurants serving alcohol with outdoor seating that operate late at night have the potential to negatively impact the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such use. Such activities could also be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the City. 2. To prevent these potential impacts, the Tustin Zoning Code identifies such. uses as discretionary (not an outright permitted use), that requires, the Planning Commission to review and approve the proposed business operation (CUP 2015-05 and DR 2015-005) at a public hearing. When determined appropriate and necessary, the Planning Commission may apply reasonable conditions to their approval to ensure that the use does not operate in a manner that is detrimental to the community. 3. Alcohol sales and outdoor seating proposed for the Ivy Lounge restaurant was reviewed by the Planning Commission when it considered and approved CUP 2015-05 and DR 2015-005 on. April Resolution No. 4313 Page 7 28, 2015. At that time, the Planning Commission approved both discretionary actions (Resolution No. 4281) with reasonable conditions of approval intended to prevent the business from operating in a detrimental manner. 4. The business owner and the property owner were present during the public hearing on the matter and executed the City's Agreement to Conditions form that was later recorded on the property's title. Yet, the Tustin PD began documenting violations of the approved Conditions of Approval within seventeen (17) days of the Planning Commission's approval of CUP 2015-05 and DR 2015-005. 5. Since approval of CUP 2015-05 and DR 2015-005, several citizen noise complaints have been received by Tustin PD related to late- night operation of the Ivy Lounge. The noise was investigated and determined to be coming from the open patio area and from loud music from the interior of the business late at night. The repetitive noise late at night interferes with the peaceful use and enjoyment of nearby properties. Repetitive police activity can also cause citizen concerns about the perceived safety of the neighborhood or Old Town in general. The seating limitation required by the Planning Commission was intended to prevent parking congestion on the site or in the neighborhood. Additional seating also contributes to the cumulative late night noise coming from the outdoor patio. Obviously, any activity that results in staff or police monitoring, policing, enforcement, etc., takes those staff members and police officers away from other activities and assignments. 6. The business owner has indicated to staff that his restaurant is popular and that his clientele seeks restaurants that serve later than the limitations established by Resolution No. 4281. The restaurant's illegal extension of its business hours and increased seating/parking demand may only be modified when authorized by the City through a noticed public hearing of the Planning Commission. 7. Subsequently, City staff, Tustin PD, and the City Attorney spent countless hours investigating this case, writing letters, issuing citations, and meeting with the restaurant owner but have been unsuccessful in obtaining compliance with all conditions of Resolution No. 4281. Recently, the City Attorney instructed the business owner on the procedure to formally request Planning Commission to remove or modify conditions of approval, but reminded him that he must comply with the existing conditions of Resolution No. 4281 until such time that a formal application to revise them is considered and approved. Yet, the Tustin PD documented ten (10) additional violations of the approved conditions of approval that began only Resolution No. 4313 Page 8 seventeen (17) days after the City Attorney's conversation 'with the business owner. And no application to modify the Conditions of Approval was filed. 8. The business owner's-continuous disregard of Resolution No. 4281's Conditions of Approval subjects the public to continuing detrimental impacts that meets the requirements of TCC Section 9293; that the operation of the restaurant is 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. 9. Pursuant to TCC Section 9293, the City Council is responsible for acting on recommendations for revocation of a CUP. However, the Planning Commission is required to conduct a hearing and transmit a report of its findings to the City Council for their consideration. 10. That the continuance of CUP 2015-05 for on-site beer and wine sales (ABC License Type 41) and DR 2015-005 for outdoor seating associated with the Ivy Lounge restaurant located at 14001 Newport Avenue, Unit A, 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; and, P. 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 directs staff to transmit a report of the Planning Commission's findings and recommends that the City Council set a hearing at its first available or practical meeting to revoke CUP 2015-05 for on-site beer and wine sales (ABC License Type 41) and DR 2015-005 for outdoor seating associated with the Ivy Lounge restaurant located at 14001 Newport Avenue, Unit A. Said report shall include the Planning Commission's Agenda Reports, adopted Resolution No. 4313, and the Planning Commission's Minutes from the meeting of June14, 2016 and July 12, 2016. Resolution No. 4313 Page 9 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 12th day of July, 2016. AUSTIN LUMBARD 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. 4313 was duly passed and adopted at a regular meeting of the Tustin PIanning Commission, held on the 12tt' day of July, 2016. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary Exhibit A: June 14, 2016 and July 12, 2016 Staff Reports and attachments.