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HomeMy WebLinkAbout12 REVOCATION OF CUP 2015-05 & DESIGN REVIEW 2015-005 & RECOVERY OF ENFORCEMENT COSTS, IVY LOUNGE, 14001 NEWPORT AVEMEETING DATE: TO FROM: Agenda Item 12 od n AGENDA REPORT RCityMan,ger /A Finence Din:ctor SEPTEMBER 20, 2016 JEFFREY C. PARKER, CITY MANAGER ELIZABETH A. BINSACK, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: REVOCATION OF CONDITIONAL USE PERMIT 2015-05 AND DESIGN REVIEW 2015-005 AND RECOVERY OF ENFORCEMENT COSTS, IVY LOUNGE, 14001 NEWPORT AVENUE SUMMARY: On April 28, 2015, the Tustin Planning Commission approved Conditional Use Permit (CUP) 2015-05 for on-site sale of beer and wine and Design Review (DR) 2015-005 for outdoor seating associated with Ivy Lounge restaurant located at 14001 Newport Avenue, Unit A. Immediately following Planning Commission approval, the restaurant owner repeatedly violated multiple conditions of approval which were subsequently deemed detrimental to.the health, safety, morals, comfort and general welfare of public. Tustin City Code (TCC) Section 9293 requires City Council consideration of any proposed revocation of a Conditional Use Permit following a Planning Commission hearing and recommendation on the matter. On July 12, 2016, the Planning Commission adopted Resolution No. 4313 recommending that the City Council revoke CUP 2015-05 and DR 2015-005. City Council approval for associated enforcement cost recovery is also requested. RECOMMENDATION: That the City Council: 1. Adopt Resolution No. 16-46 revoking 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; and, 2. Adopt Resolution No. 16-54 directing staff to recover all City administrative costs for abatement and enforcement at Ivy Lounge, including the recording of a special assessment as a lien on the property, as needed. FISCAL IMPACT: Police and Community Development enforcement efforts in this matter have resulted in a diversion of City resources from other, legitimate governmental interests as well as a City Council Report September 20, 2016 Ivy Lounge Revocation Page 2 cumulative fiscal impact to the General Fund totaling $7,920.78. The business owner has recently reimbursed the City for these expenses. However, additional violations at the site would result in additional administrative and enforcement fiscal impacts to the City. AUTHORITY TO REVOKE PERMITS AND RECOVER ENFORCEMENT COSTS Pursuant to Condition 1.6 of Resolution No. 4281 (2015 Planning Commission approval for the restaurant): "...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: "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. 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 followinh 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." 3. Pursuant to TCC Section 9293d: "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." City Council Report September 20, 2016 Ivy Lounge Revocation Page 3 4. Pursuant to TCC Section 9293e: "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." 5. 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." 6. Pursuant to TCC Section 5507: "Whenever a public nuisance ... is found to exist as a result of said inspection, the reasonable costs for said inspection as set by City Council resolution shall be paid by the landowner." 7. Pursuant to TCC Section 5508a: "The enforcement officer, personnel or persons who abate the nuisance shall keep an account of the cost of abatement. Such personnel or persons shall submit an itemized written report showing such costs to the Community Development Department for transmittal to the City Clerk for City Council." 8. Pursuant to TCC Section 5508c: `The City Council shall consider the report and account at the time set for hearing, together with any objections or protests by any interested parties. Any owner of land or person interested therein may present a written or oral protest or objections to the report and account. The City Council may modify the report if it is deemed necessary, and shall then confirm the report by motion or resolution. Pursuant to appropriate sections of the Government Code and in particular Section 38773.5 and Section 25845, the total costs of abatement including all administrative costs, shall constitute a special assessment against that parcel. After the assessment is made and confirmed, it shall be a lien on the property." 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 City Council Report September 20, 2016 Ivy Lounge Revocation Page 4 outdoor seating area for the Ivy Lounge located at 14001 Nowport Avenue, Unit A. On May 6, 2015, the restaurant owner (Vahid Adamkhoshbakht) ,tnd property owner (Ching Louie for Louie Properties) executed the City's Agreement to Conditions form for Resolution No. 4281 (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." Since May 16, 2015, City staff and the Tustin Police Department have documented that the owner of the Ivy Lounge restaurant has repeatedly 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. Location Map City Council Report September 20, 2016 Ivy Lounge Revocation Page 5 Project Summary • Gross Interior Area: 1,386 sq. ft. • Interior Restaurant Seating: 543 sq. ft • Outdoor Restaurant Seating: 545 sq. ft. • Outdoor Seating as Proposed: 0 18 Tables 0 36 Chairs 0 9 Umbrellas 0 3 Outdoor Heaters • Additional Alterations: 0 3' Masonry Wall (Expansion) 0 3' Glass Break on Wall Interior Floor Plan y�-r- _ 2'-I l" gap between wall segments �II 1,386 sq. ft. 3' landscaping adjacent to public sidewalk 8� 3'-0" Masonry wall, Design for additional 3'0" glass 3?- windbreak has been approved ft. • but not permitted or installed 41� 222.8 Parking Lot stt Exterior Floor Plan Dedicated public walkway access for entire commercial center connecting public sidewalk to storefronts I Protect Location I City Council Report September 20, 2016 Ivy Lounge Revocation Page 6 PERTINENT CONDITIONS OF APPROVAL Resolution No. 4281 includes 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 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 11:001'M 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. City Council Report September 20, 2016 Ivy Lounge Revocation Page 7 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. 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. SUMMARY OF VIOLATIONS AND EFFORT TO GAIN COMPLIANCE A significant effort was made to encourage the operator of the Ivy Lounge to operate in compliance with the Tustin City Code and Planning Commission Resolution No. 4281. The following narrative summarizes: 1) Tustin Police, Code Enforcement, and City Attorney efforts in this regard; and, 2) the Tustin Planning Commission's deliberations and direction to the restaurant owner prior to their adopting a recommendation in the matter; and, 3) additional City staff efforts intended to bring the restaurant into compliance prior to City Council consideration of this matter, Code Enforcement Actions Leading to Planning Commission Consideration 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 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). 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. City Council Report September 20, 2016 Ivy Lounge Revocation Page 8 6. Placed illegal window signage at the site. 7. Not complied with Condition 2.17 requiring the provision of annual sales receipts to the Community Development Department to verify that food sales exceed alcohol sales (violation occurred in July 2016). 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), and Condition 2.17 (gross annual sales receipts to verify that sales of food exceeds sales of alcohol). A copy of the public notice and staff report for this matter has been forwarded to ABC for their information and action. The restaurant owner and property owner have also been notified of the proposed action and this public hearing. City staff, Tustin PD, and the City Attorney spent numerous 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 8 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 or 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 City Council Report September 20, 2016 Ivy Lounge Revocation Page 9 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. Planning Commission Hearings on Recommended Revocation On June 14, 2016 - a public hearing to revoke CUP 2015-05 and DR 2015-005 was held before the Planning Commission. At that time, the business owner's legal representative indicated that the business owner was in the process of marketing the restaurant for sale, and requested the matter be continued to allow the sale to occur. The matter was continued to the Planning Commission meeting of July 12, 2016 with the following stipulations: 1. 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 City Council Report September 20, 2016 Ivy Lounge Revocation Page 10 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 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. • On July 12, 2016, the continued revocation hearing occurred before the Planning Commission. The following update was provided for the period extending from the prior Planning Commission hearing: 1. When the Police Department conducted inspections, it was reported the restaurant was in compliance with the conditioned business hours. 2. No new purchaser had been presented to the City nor was an acknowledgement of the enforcement actions or the acceptance of the conditions of approval 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. 3. The owner had not reimbursed the City for the administrative costs related to abatement and enforcement actions incurred to date. • At the conclusion of the July 12, 2016 hearing, the Planning Commission determined that the business owner's actions and/or inactions were not consistent with the stipulations agreed to at the June 10 meeting and adopted 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. City Council Report September 20, 2016 Ivy Lounge Revocation Page 11 Approvals for alcohol sales occurring in conjunction with a restaurant, like the one granted for CUP 2015-05, are conditioned to ensure that the business continues to operate in the manner described at the time that the application was originally considered by the Planning Commission. To ensure that a restaurant is not converted to a bar without authorization, Condition 2.17 of Resolution No. 4281 was applied as a standard condition to ensure that a restaurant continued to operate at the site. Condition 2.17 authorizes the Community Development Director to require the provision of an audited financial statement for review and approval by the Community Development Director that the gross annual sale of food exceeds the gross annual sale of alcohol. During deliberations on the proposed Ivy Lounge revocation, the Planning Commission questioned whether the business was continuing to operate as a restaurant and desired the proof offered through Condition 2.17. The Planning Commission requested that the restaurant owner comply with Condition 2.17 of Resolution No. 4281 by providing an audited financial statement for review and approval by the Community Development Director that gross annual sale of food exceeds the gross annual alcohol sales. Additional Staff Efforts Following the Planning Commission's Recommendation • On July 13, 2016, staff forwarded correspondence to the restaurant owner that transmitted to him an executed copy of Planning Commission Resolution No. 4313 and also formally requested reimbursement of staff costs totaling $7,920.78 (Attachment D). Payment was due by July 20, 2016. The restaurant owner and property owner were notified that failure to pay these costs would result in a lien being placed upon the property. On September 9, 2016, the restaurant owner paid the City in full. • The July 13, 2016 correspondence also formally requested that the restaurant owner comply with Resolution No. 4281, Condition 2.17, by providing an audited financial statement to the Community Development Department by no later than July 27, 2016, demonstrating that the sale of alcohol exceeds the sale of food. If not confirmed, all alcohol sales were to "cease immediately." The requested financial statement has not been provided. • On September 13, 2016, persons representing themselves as potential buyers of the Ivy Lounge met with staff at the Community Development Department public counter at City Hall. The potential buyers were informed of the enforcement history at the site and proposed revocation of CUP 2015-05 and DR 2015-005. In addition, the persons were informed that should the City Council revoke the subject approvals, TCC Section 9293e would prevent any new application for on- site alcohol sales and outdoor seating for a period of one (1) year following the revocation. These individuals were encouraged to attend the September 20, 2016 City Council hearing on the matter and communicate their interest in the business. City Council Report September 20, 2016 Ivy Lounge Revocation Paste 12 FINDINGS Findings Supporting Revocation of CUP 2015-05 and DR 2015-005 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 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. However, the restaurant owner may not legally extend the restaurant's business hours or increase seating capacity without prior authorization from the City. 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 City Council Report September 20, 2016 Ivy Lounge Revocation Page 13 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 a code amendment, modify conditions of approval, etc., 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 17 days after the City Attorney's conversation with the business owner. The business owner's continual 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. The business owner also 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. After repeated requests, on September 9, 2016, the restaurant owner reimbursed the City for $7,920.78 in administrative and enforcement costs incurred to date. However, the City Council should adopt Resolution No. 16-54 to enable staff to recover all additional City administrative costs for abatement and enforcement at Ivy Lounge, including the recording of a special assessment as a lien on the property, as needed. Lastly, the restaurant owner has ignored a formal City request for written proof that food sales exceed alcohol sales, pursuant to Resolution No. 4313, Condition 2.17. Pursuant to TCC Section 9293, the Tustin City Council is responsible for acting on recommendations for revocation of a CUP. Resolution No. 16-46 (Attachment E) has been prepared for the City Council's consideration to revoke CUP 2015-05 and DR 2015- 005. Please note again that City Council revocation of CUP 2015-05 and DR 2015-005 will prevent any new application for sale of beer and wine or outdoor seating at the location for a minimum of one year, pursuant to TCC Section 9293e: "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." Findings Supporting Recovery of Enforcement Costs The Tustin City Code does not permit the existence of conditions that are offensive or annoying to the senses, detrimental to property values and community appearance, an obstruction to or interference with the comfortable enjoyment of adjacent property, or hazardous or injurious to the health, safety or welfare of the general public in such ways as to constitute a nuisance. 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 City Council Report September 20, 2016 Ivy Lounge Revocation Page 14 of Resolution No. 4281. The enforcement officer, personnel or persons who abate the nuisance have kept an account of the cost of abatement pursuant to TCC Section 5508a. Pursuant to TCC Section 5508c, an itemized written report showing costs of $7,920.78 is attached to the July 13, 2016 correspondence to the restaurant and property owner (Attachment D). On September 9, 2016, the restaurant owner paid the City for $7,920.78 in administrative and enforcement costs incurred to date. Additional administrative and enforcement fiscal impacts to the City could occur following the City Council's action on this matter. Staff is requesting that the City Council adopt Resolution No. 16-54 to enable staff to recover all additional City administrative costs for abatement and enforcement at Ivy Lounge, including the recording of a special assessment as a lien on the property, as needed (Attachment F). Should an assessment be deemed necessary, it shall be a tax lien on the property and will be collected at the time other taxes are assessed on the property, unless payment occurs prior to assessment. ENVIRONMENTAL This project is categorically exempt pursuant to Section 15270(B) of Article 18 (Statutory Exemptions for Projects that are Disapproved) of the California Environmental Quality Act (CEQA) Guidelines for the California Environmental Quality Act. Dana L. Ogdonnruilding P Assistant Direct 44t� Ju na 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: July 13, 2016 Correspondence to Vahid Adamkhoshbakht E. City Council Resolution No. 16-46 F. City Council Resolution No. 16-54 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 114111) 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 pity Council on May 21, 2001. A 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 •111 LI/ 111V VIIMILA VLV//JL/VJ VI IVJL4VILAl IL VJVJ M/IV /IVVIJ VI V'JVILa LIVII VI L/IV restaurant would be similar to other restaurants in the vicinity. 0 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. JlEHbIVIOSON 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: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planninn r..nmmiccinn CPr`rPfnn! Altowaiji, Kozak, Lumbard, Smith, 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 V 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 /A% M1=01r`_NI OC\/ICM/ *** CV�`CDTIrII►) 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,S) 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 AGREEMEmy TOCONDITIONS IMPOSE 1, the und-iyy— W, 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 coriditions as stated in Fxhi�it A of Resolution No. 4281 attached to the letter dated April 29, 2015. Vahid Adamkhos Applicant & Grill CALIFORNIA• • • ■ C':..r�,uaz!:;z�2�z!�a.�x�^�N.-.�r`�:+✓.:; .Tr 1�.�.;i.+:v +'T<.:�-;.-:r!,�e'�,.Txw -: -.::z<,-., _max.-.� 5..r-���s^�..aNT..v:.z!'ro-.azr-.�ci.::.. :.a3:;�a<i:Cz<,�<r=�... 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. �e i.iS'Su i�'tln _ ��hnsa� 1.1ere ln�ert Name and Tale k k45 W b ,a tm--iti " Name(s) of Signer(s) !i O'fP�Cer who proved to me on the basis of satisfactory evidence : to be the person(e) whose name(s} isAm subscribed to the within instrument and acknowledged to me that he13h&4hey executed the same in his/1"rAbeir authorized capacitAm), and that by hisfler►their signature* on the instrument the personA or the entity upon behalf of which the persona) acted, executed the instrument. rMELISSA ANN JOHNSON COMM. # 2034875 g NOTARY PUBLIC -CALIF ORNIAG) ORANGE COUNTY 0 COMM. EXPIRES JULY 27, 2017 - I certify under PENALTY OF PERJURY Under the laws of the State of California that Vie foregoing paragraph is true and correct. WITNESS my hand and official seal. SIgnature ,z�4,,tA-,,_", 4,� Signature of Ndtary_P_L&c Pjace.Notar 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: -Aron f J, (# ad-, III Dns rvA e o he d Document Date: Number of Pages: Signer(s) Other Than Named Above: Claimed by Signer(s) Signer's Na ne. 0 Corporate Officer — Titles : ❑ Partner = ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact • Trustee ❑ Guardian or Cor ❑ Other: Signer Is Representing: Signer's Name: - ❑ Corporate Officer artner — 'United ❑ General 9JndiGl tTa1'--�❑l Attomey in Fact ❑ Trustee ❑ GUardiaa_or Conservator ❑ Other. _ �,., Signer Is Reipresenting: 02014 Nfitional Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 ACKNOWLEDGMENT 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 r+� ¢ k •, n A Notary'_Public personally appeared t.vu t o proved to me on the basis of satisfactory evidence to be the person(s) whose names) :i§tdre subscribed to the within instrument and acknowledged to at h she they executed the same in his/�heir authorized capacity(ies), and that by heir s gnature(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. tp RUBIN TSAI Commission aF 2091222 z r+ Notary Public -.calltornia a Z Lot Angeles County ',omm Ex ires Nov 24, 2018 Signature BURIN TSAI ti Commission # 2091222 i Notary Public - California s Los Angeles County "ny Comm. Ex ires Nov 24, 2018 r (Seal) RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Director of Community Development 300 Centennial Way Tustin, CA 92780-3767 Space This Document was electronically recorded by City of Tustin Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIIIIIIIIIIIIIIIIII�IIII�IIIIIIIIIIII�IIIIIIIIIIIIIUIIIIIIIIIllll15.00 2015000242764 12:50pm 05/11/15 217 Seco Al2 F13 3 0.00 0.00 0.00 0.00 6.00 0.00 0.00 0.00 This Line For Recorder's Use Only AGREEMENT WITH CONDITIONS OF -APPROVAL DISCRETIONARY PERMIT APPROVAL 1. Project Name: 2. Name of Appiicant(s): 3. File Number: 4. Resolution Nos.: 5. Assessor's Parcel Number(s) of Property: 6. Street Address of Property,: 7. Legal Description of Property: 8. Type of Discretionary Permit: 9. Property Owner: Restaurant Vahid Adamkhoshbakht CUP 2015-05 & DR 2015-005 4281 401-64111 14001 Newport Ave., #A, Tustin, CA Exhibit "A" Conditional Use Permit/Design Review 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 apply to the Property and to the use of the Property. The Property Owner agrees to these conditions of approval and acknowledges that these conditions of approval run with the land and constitute express limitations and restrictions on the use of the Progerty. These conditions of approval are binding on all persons who own ror 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: Chin pule, Authorized Tustin Lami Wong, LLC Date: Date: Date: Notes: Legal Description of Property must be attached as Exhibit "A" Signatures of Owner(s) must be acknowledged before a notary public. ACKNOWLEDGMENT 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 On Ma 6v /`before me, ;_� Ziil A Notary Pub is personally appeared 4 . i yAo proved to me on thebasis of satisfactory evidence to be the perscn(s) whose name(s) I re subscribed to the within instrument and acknowledged toat h she they executed the same in hia/Oheir authorized capacity(ies), and that by ht�qdeir sl natures) 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. Signature r A:•, BURIN TSAI Commission #r 2091222 Nafary Public -.California ars_, lot Angeles County s '•'; '.amrn Expires Nov 24, 2018 ROBIN TSAI20 Commission #209t22P Notary Public - California z Los Angeles county rn Comm. Ex fres Nov 24, 2018+ (Seal) EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY LOT 1, AS SHOWN AND DESCRIBED ON EXHIBIT "A" ATTACHED TO LOT LINE ADJUSTMENT NO. 2006-08 RECORDED SEP'T'EMBER i, 2006 AS INSTRUMENT NO. 2DO6000599111 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. APN: 401-641-11 whin nI,o. EXHIBIT "A" 239202-M2/5-26-10/3aj/wj - I- CALIFORNIA ASSOCIATION PROPERTY MANAGEMENT AGREEMENT ' � OF REALTORS® (CJLR. Form PMA, Revised 4109) IV Tnstfn Lam Wona, LLC a California Limited Liability Camaaay ("Owner"), and Louie Properties, Inc. ('Broker's, agree as follows: 1. 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 .92 80-;7829 and any additional property which may later be added to this Ag teement ("Property's, 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 CAgreembnt') 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 W days written notice to the other. 2. BROKER ACCEPTANCE: Broker accepts the appointment and grant, and agrees to: A. Yse 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: Initiate, sign, renew, modify or cancel rental agreements and leases for the Property, or any part thereof, colledt 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 Owners 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 t,hs..property; purchase, and pay bills 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 Brokers 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'llmited to, maintaining the Property in a condition fit for'human habitation as required by CMi 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 discftarge firti'rs and persons, Including utilities, required fur the opejation and maintenance of the Property. Broker may perform any of Brokers duties through attorneys, agents, employees, or independent contractors and, except for persons working In Brokers 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 Owners 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 Brokers trust account, pay from Owners 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 govemment. The funds shall be held in a trust account separate from Brokers personal accounts. Broker shall not be liable in event of bankruptcy or failure of a financial Institution. J. RESERVES: Maintain a reserve in Brokers trust account of $ K. DISBURSEMENTS: Disburse Owners funds, held in Broker's trust a666iint,16 the foliowing'ord. e' r (1) Compensation due Broker under paragraph 6. (2) All other operating expenses, costs and disbursements payable from Owners 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, monthly (or ❑ TBD. )..to Owner. M, OWNER STATEMENTS: Render monthly, (or[] ), statements of ramipts, expenses and charges for each Property. N.' BROKER FUNDS: Broker shall not advance Brokers own funds in connection with O. KEYSAFE/LOCKBOX: ® (if checked) Owner authorizes the use Of a keysafe/l keysafe/lockbox addendum (CA.R. Form KLA). The copyright laws of the United States (Title 17 U.S. Code) forbid the unauthorized . reproduction of this firm, or any portion thereof, by photocopy machine or any other •ans, including facsimile or computerized formats. Copyright 0 18912008, _IFORNIA ASSOCIATION OF REALTORS@, INC. ALL RIGHTS RESERVED. MA REVISED 4109 (PAGE 1 OF 3) PROPERTY MANAGEMENT AGREEMENT AgerrL Ching Sze Louie Phone: 626-291-5555 Faxc'6: Broker. Louie Properties, Inc. 6936 Temple City Blvd Temple City, CA 91780 the Property or this Agreement. c kbox to allow entry into the Property and agrees to sign a Owner's Initials' ) ( ) Brokers Initials ( ) ( ) .v. v Reviewed by Date rOMLHOUSING OPPORTUNITY 1- OF 3) 1.5580 Prepared using ApForinnO softwaie I Owner Name. Tustin Lam Wong, LLC a ' California Limited .Liab!11tr Company- Date: May- 28, 2010 4. OWNER RESPONSIBILITIES: Owner shall: A. Provide all documentation, 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 harmless 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. (i) any repairs performed by Owner or by others hired directly by Owner, or (11) 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. (1) public and premises liability insurance in an amount of no less than $1,000,000; and (if) 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 unposed 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 Owners responsibilities. -5. DISCLOSURE: A. LEAD-BASED PAINT (1) El The Property was constructed on or after January 1,. 1978. OR (2) ❑ The Property was constructed prior to 1978. (f) Owner has no knowledge of lead-based paint or lead-based paint hazards In the housing except: (if)Owner has fro 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, LI does rat) hays an approved an tr enirapment drain ibver, 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 Sacome (2) Renting or Leasing: 6. 001f total oca=ssion (3) Evictions: Not Included- Owner to vrocure attorney at Owners &=ense. .(4) Preparing Property for rental or lease: $250. 00 (6) Managing Property during extended periods of vacancy: 5.004 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 ver hour (7) Other Magacement will Egarg Notice to Pay or Cult 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 taz, accounting or legal advice, representation before public agencies, advising on proposed new construction, debt collection, counseling, attending Owner's Association meetings or :. if Ownerrequests '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. (f) requesting an assignment of lease or sublease .of the Property; (11) processing credit applications; (Ill) any returned checks andlor ❑ 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 relationships pe 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 a0) in any resulting transaction. if the Property includes residential property with one-tofour.dwelling units and this Agreement permits a tenancy in excess of one year, Owner acknowledges receipt of the 'Disclosure Regarding Agency Relationships' (CA.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 OR❑ ' Owner's {nitiais ( ) { ) i3rokees Initials { ) ( ) Copyright ®1991-2009, CALIFORNIA ASSOCIATION OF REALTORS®, INC- iewe Reveauu11ws111c PMA REVISED 4109 (PAGE 2 OF 3) d Oats OPMOM11TV MKI /FiF111 V noANiAf-CNMGRIT A.PmOCCRNCAIT /011NA 13Ar`C /1r'f\ Tmoi11chnn,in OwnerNar a:1.. Tus+ti.n Lam Woncr, LLC a California Limiter) Liability Camaany Date: May 28.' 2010 9. DISPUTE RESOLUTION 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 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 N 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 toparagraph 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 Ill 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 judicial or non-Judicial foreclosureor'other action or proceeding to enforce a deed of trust, mortgage, or installment land sale contract as defined in Civil Code § 2985; .(1l) an unlawful detainer action; (iii) the filing or enforcement of a mechanic's lien, and (iv) any matter that la 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 eetAf / Broker's Initials EQUAL HOUSING OPPORTUNITY: The Property is offered in compliance with federal, state and local anti-discrimination laws. -0. ATTORNEY FEES: In any action, proceeding or arbitration between Owner and Broker regarding the obligation to pay compensation ugd6 this Agreement, the prevailing Owner or Broker shall be entitled to reasonable attorney fees and costs from the non-prevailing Owner or Broker, except as provided in paragraph 9A. 12. ADDITIONAL TERMS: p Keysafe/Lockbox Addendum (C.A.R. Foran KLA); ❑ Lead-Based Paint and Lead-Based Paint Hazards Disclosure 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 as re eived a copy of the Agreement. Owner Date owner. Tustin -zadjWonq, LLC a C Iifor Print Name Socia Securityfrax D # for tax reporting purposes) Address 704 EI Ataio street City Loa Angeles State CA Zip 90065 Telephone _(323)222-5225 Fax E-mail Owner Date Owner Prtnt�.._ . �. Social Security ax ID # •(for tax reporting purposes) A d res City State Zip Telephone Fax ESR Real Estate Broker (Fir ),Lauie P srties Inc. Date By (Age C Ching Louie DRE L'Ic. #: Address y City 'TASWAG City State CA _ Zip 41780 Telephone r62sj Fax 1626)291-5580 E-mail ChinQLoufafflaol.com 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, CONSULTAN APPROPRIATE PROFESSIONAL- As form Is available for use by the entire real estate industry. it is not intended to Identify the user as a REALTORS. 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. Published and Distributed by: PEAL ESTATE BUSINESS SERVICES, ING..... a subsidiary of the Califomte Association of REALTORS® 525 South Viroil Avenue. Lns Annalac raRfnrnr, nnnnn rrwlN rcty WtU 41U9 IFAU- 3 OF 31 -- PPPOPT11HI7V PROPERTY MANAGEMENT AGREEMENT (PMA PAGE 3 OF 3) TuAlaShayr,W Attachment C `ti 1 • �. - � { r. Calls -For taarvlcre naparx Y 4 � Generated by 1111 on 0,712315 aiv: TU j Time Range: 05/15/15 00:01- 08/07/15 23:59 1 Agency: F,P I Address: ?Nov t o4 2 14001A14001AANEIWPORT^ A Oona 7 T l 0111pO u)"0010 BTUOMIX P 08MGM# 21101M 416E LOUD91USIC 311 06 14001BIMWNWA1/ 1044 06118116 25;4433 CA8E NUMBER a LF1&W 0157 (TU) 1239 061816 2328.04 =]DENTNUMBMSTLXKM974 1044 0611818 23:44:233 Cloead dispo : ADVISED 1044 015MISM5 2344.33 00SI AM 6iUM3298 P 08196118 0!544.-60 418E LOW== 8'10 06 14001 NVAPOINT AV VA ► 1149 061118 0 WJ0 - CASE NUMBSR a a154 010W ch4 1239 06326/16 02:44130 BdgDENT NIMR.8T4N96 1149 061x616 mmi1 1= mm CRA7:Y FORTHE PAST IA HRt3, 1149 08126118 0257= Claud dtepo : ADVISED ' 1149 0526118 0257A WARD FIT Z PAVV= ST0002421119 + P 080416 21"68:08 41118 LOtMMM 610 08 4400181161111PORTAV#A . * 909 0619018 2329.54 � C.Aete NUMBER a LM6-0001 t3ZB (Tl1) 1257 O53W16 q8 INCID9PfiNUM8FR:6UW4239 1207 QUIVIO 22681 LOUD MUSIC AND VES UNG 00 011380/6 ZkIUS NUA OW TO AA-5TU24= 900 08/90Ji6 Amm Claoed dlspp : A4V1l11rD 009 059W15 2323:64 WF.W 08'7:$2 T8 -419 PC 94001 P16WPORTAY 809 08A7x ING wkt iUWER:ii iL1O=49 No 00722 QI-,412 ,71PXM.!, A 1121 P 08:14P QI%W d"o: DRIVEN ¢ITER + 1121 SNOW 0014.0 U WIWH 61U0032878 P 071171111 81{: 9 4186 LOUO MUSK a1� 06 1:001 NRWAORT AV 6A 1230 0710/18 00 WAD CABE NUMBER a U-1M015401(TU) 1148 0711716 23:&18 WCIgWNUMBt6i.6U0=79 1230 07/10/16 00:00:09 Claud dlepp : AQVIGED 1239 0711018 00.0.:09 SMITH - PAM AND MUSIC TURNED DOWN ST0003391I1 P 07/31115 01:17,42 4166 LOUQ 11111.11110 713 65 44001 NF. WPDKT AV BA 1239 07x1816 016:48 CAS(_ NUMBER a LI -16-00018042 (TU) 1267 07129/16 01:17:12 INCIDENT NUMBER:6'1110039919 1267 0712815 01:17.42 ALSO LOUD'I3CREAMING AND HOL .ERINQ". RP WOULD LIKE TO SIGN 1299 074AG116 01:26.48 Closed dopa. ADVISED '1,239 07)2616 0126:AS FIT,TPATRICK-OWNF-RADVISED AND MLLTURN DOWN MUSIC 1230 07128115 01:31:45 RP WAS CONTACTED, WILL FOLLOW UP WITH BUSINESS MCENSING. 11:00:30 8888 PIRM THEM ■IKS C4 03 14001 NOP="PA 1106 gNeva 11:$6;29 CASE NUMBER- CR -18 0000}634 (fU) ?Nov t o4 2 Tustin Police Department 63l4��pp* ' Coils For Service Report a ..d Generated by 1111 on 8/7/2015 229M Cdhm% CILy: TU I Time Range: 05/15/15 00:01- 06/07/15 23:591 Agency: FP 1 Address: 14001^14001^^NEWPORT^ Ie>MINNintt 4' A -jLecetloll 1044 41121m 11:00:30 INCIDENT NUMBER:5TUOINIO98 1044 11.mo RPS BIKE WAS WAS CHAINED TO AN ELECTRICAL BOX AND TAKEN LAST NIGHT. UM 8USP CUT THROUGH THE CHAIN. LCM WAS THE BKE AND CHAIN, DKGRY 3G HIKE BEACH CRUISER WITH BLKwHEELS. OCC o72816 1800-2000. RP IS NOW AT HOME ON MITCHELL 1108 62139P 11:194 1021 RP- 87 AT BACK DOOR 1193 1130:27 RP DID NOT KNOW SERIAL. NUMBER FOR BIKEAND DEMES PROS 1108 mamab 1138:10 Closed dlepo : ORIG REPORT TAKEN 1108 now 11.m. 0 GARZONE 488RPT =0084343 P 00!0110 W118:23 PC PATROL CHOMK 831 COP 1401 SPORT AV OA 1140 0810110 021824 INCIDENT 1140 08MI Mb 02:1&43 Closed am : COP ACTIVITY 1149 00101115 02:1&43 WMTELEY SUBJB OUT ON THE PATIO 5TU0034970 P 0010110 23140:03 PC PATROL. C11CK 841 COP 1401 NEWPORTAV #A 1299 08101n5 23:4&03 INCIDENT 1239 0WRIn5 23:47:13 Closed dispa : COP ACTIVITY 1239 0810116 2347:13 WHREL.EY 1239 08/02115 05:4637 SUSJS WERE OUT ON THE PATIO SMOKING HOOKAH 5TU0034993 P 08/02/10 02:12:32 PC PATROL CNECK $31 COP 14001 NEINPORTAV #A �y}1, 1239 08102115 021232 INCIDENT NUMBERZTUG 9490 1239 08=15 0212:0 Closed dlepo : COP ACTIVITY 1239 08/02115 0213:00 VaffgTELEY- NUMEROUS PATRONS SMOKING HOOKAH OUTSIDE $700084990 P 08/02/18 02:40:17 410E LOUD MURK: 310 00 14001 NEWPORT AV SA 1239 08/02115 03:0254 CASE NUMBER s L1.16-00018678 (TU) 1239 OLM15 02:40:17 INCIDENT NUMBER:6T00094988 1239 08/0.1!16 03:0254 Closed dlepo : ADVISED 1239 OB104115 03:0264 WARD - HUSN CLOSED FOR THE NIGHT Page 2 of 2 NOTICE OF VIOLATION/PR.E-CITATION NOTICE (-814 i:ONIN11 NITY DEVELOP:1�MNT DEPARTM. MT 300 Centennial Way, Tustin, CA 92750 Responsible Penson' i A. .4ho4ommi Date -- "Or il14 7rurs Tune lsous address eA a Crv� t l Phone ! t!'A- a i►6*lC oAs1,19 fa���. ��� tali .Asr►+ a y►Si Description of vioMonts): ¢apses S ►, „ t .. , ,+t err As part of alta continuing �pr�ogcatn of preserving icrovtng txv coft' r, as inspection has hexa made of the property at the above location and the Mowing violation(s) of the Tustin City Code (TCC) were observed:- 1. bserved: 1. Abandoned 11noperable othicles or discarded propaety prohibited. T.C.C. 5502 (a) i 1 ) 3. A Rooster shall be j maintained a mhdmom of 100 rent from any dvmluq atrreaxc M T.C.C. 4M] 013) ( ) S. Obserttcdag senieeu. 41de+wtita. allays and other public property. T.C.C. T310 ( ) 6. Non-andatmance, of landscape, dead orovwpown va.Vlton prohibited. M.C. 55M (ml(1) I ) 3. Umrwimained pouf, at body () 7. Fauna and walls in of water probibited. rBsrghaiptola'bited. ( ) W Mobile Automobile Services ( )13. FrmWdn or contact with Pm* Re*dmd TCC. 3321 nary ceaptite'prior w container dolivety. T.C.0 4321 t )10. /lances signs shall be ( ) 14. Patnit raloW for balloon prohibited within 200 feet of any display touh► p=Wm d in ,tray intersectiem conjunction with a apaeiol avant) r.C.C. 'kM (d)l lsl(a) P.C.C. 9403 WKS) . i. Bwinaate /.inane Rapdred ("):15. Sign permit requited.. Mc. 2513 T.C.C. 5Mt03 T.C.C. 55o21g) W.C. 5502 (m)t3) ( ) 4. No raceupied beehive shall () S. Any condition whit* exists ) 12. Prohibition an illicit he closer than IW rear from any upon any premie that in connection and prohibited t residential structure, atreat or dangerous to human lire or is discharges r,C.C. 4901 highway. T.C.0 4221 (a)(4) deMmental to health T.C.C. 5502 (b) its irtA r .3 oz g. t .non .Za ( )ill. Doter: ve ttei%� . �i� iJ�ysLC .� '7 �L♦�+vjj1T} ;yiaA y3- $ v`AA!y.+3f�•,, �tiC'.�•�� l Rum 1 d+1 t; t; Ltag �E �*i riG� 'I A+.�. i Y' } Yis�r�: et !tel l�L�J "1'. �rtf:'l�e�t'`UY'.�f. �'1.�[�iZ-'1x'i" �'i�4,N+L� �':.'$' "i�,c.atl'!. `1tAt_Lt$!."t.r+�lt �?�_ ",�Q..s.�.:�r+i e� ''r1l ��^�{'b:x.. *�'�.-�/.�L►� �•iiCT� �19#L��i =iu1/ n lrG � QST.. �! .s.. ?"�,�...i .:�1' ���.`? �. ,r , ?�`•rJ a s"/� '�+� �i"•� dSW �'+'� �,l ��. i �: f '� r--++= t"y'."� ti vY r� It is necessary that ail 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 persons) of the compliance requirements pursuant to the TCC and/or applicable eodtm laws. and conditions. Failtue to comply with these requirements within the time specified may result in • 2-e issuance of an administrative citation pursuant to TCC l!h?(a) or i'urther legal action fRderence Exhibit A on the nock side of this notice). lance the %ioWon(s) have been corrected, please contact the undersigned so that the enforcement officer can re -inspect the prooverty and potentially clru<iit yrou need further clarification or assistance with this matter. contact the ganders'• zt(?�73;11.3 71 �) 573-;135 nr(7l j) 573-3149.:lr.... ti7'�r 7' lit a ca a. R r u, V4 Exhibit D Shism_Brad Fanta Bullock Todd = Sent+ Saturday, October 03, 2015 8:24 AM Ta Steer, Brad; Trahan, Melissa Subject; Ivy Lounge An excerpt from Sgt. Whiteley's log from Friday night At approximately 1 t:45prn we rer elved a noise complaint at the Ivy Lounge. I r+ssponded could hear the music from quite a distance. I made contact inside Me lounge where they had a DJ playing very loud music. There were also about 20M patrons on the patio in violation of their oonditional use permit" The owner toid no they were going to dose at 12:000m. Me they did tum off the open sign, Uwe were several people Inside and on the patio when I conducted a patrd check at I.35am. They were also cooking the hookah coals on the nam ads of the business on the oonorete base of the elecftal panel !t looks unsafe. 0 1 t Exhibit Coa�nunfty Develol -tent Department Sw9by f Mdaas and cerffied mal October 8, 2015 Vapid A. Khoshbakht 13901 Yorba Street # 25 Ttmt, CA 92780 SUBJECT: 14001 NEWPORT AVENUE, SUITE #A Dear Mr. KFloshba TUSTIN RWGW BUWWG OUR Ponies HONORiNO OUX PAST CASE # V2016-0182 On April 28, 2015, the Mem ing Commission adopted Resolution No. 4281 (aftched Weld), approving Conditlond Use Permit 2015-05 and Design Review 2015-005, authorizing onsite alcoholic beverage sales, along with the establishment of an outdoor seating area. Additionally, City staff met with you on August 11, 2016 and subsequently Issued you a Notice of Violation for violation of several conditions of approve! associated with Resolution No. 4281, indudlng violating the approved business hours. However, on Friday, October 2, 2015s the Tustin Police Department received another noise compliant at 11:45pm and upon arrival, a DJ was observed playing very laud music Inslde the restaurant with the front doors open and apprmdmately 20 — 30 patrons were within the outdoor patio area. Furthermore, on Saturday, October % 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 $100 for violating the Interior business hours of operation), which is enclosed herewith. You are hereby directed to comply with all conditione of approval associated with Resolution W 42B1; pardoularly condition 2.4, tffi+ jge imin v. Failure to comply with this letter and administrative citation will result In the issuance of an additional administrative citation or further legal action, which may ,Wude proceedings to revoke Conditional Use Permit 2015-05 and/or Design Fleview 2015-005. Should you have any questions regarding this letter or the attached administrative citation, do not hesitate to contact me at (714) 573-3135. SW Centennial Wity, Mustin, CA 92760 0 P: (714) 573-3100 0 F.(714)573-3113 o wwwtustlnva_arg UWt NswpoilAM ocaw9015 page # 2 sincerelY" 13M mean Cade Enforcement Officer Attachments: Admin9stmW9 CitaSon # CE401156 Resohdion No. 4281 Au tx�E i 1, 201 fi Noce of ytoiation, daied 8 Cc: tlana►OA °r— 8u�din9 Tustin Po D. Lee Tustin Lem Wang. LLD. Atte: JOIM 13 Complete ibeme 1. fi, .od & Also complete item 4 tt Reddoted Dellvary to dealmd. in Pdnt your name and address on the reverse eo that we can Rturn the card tp you. 8 Attach Vft card to the beak of the metkx^ or 9n the born M space permits. t. Aru* Addressed to: _. t ® Addtoom M Recel"dby(PrirlsdAbanW C Do%OfDo" D. to ddvwy address drlww* from dem lT is Ws N YES, serer d*Ary address hatoaw. D No o% Twp►�1 a2`�a s. Cars A E1deA O tAab � C1 PAW - .+eaef fw mwdwdw _ C_i k=rod ld 0 D.Q-D 4, AN "Al 40~oftho fl 1rs 7 eNuolw _ ?Dii$ 283-0 0&1 7446 1789 PS Fonn 3811. F'slx W04 Dwmwo t= PacdO � �-i3►n it:�:�,itifi�%i�'1y:• w''Sd i ; i�-lk'' Sn ���%>'+-*�: i !ai �' �7 3i �.�•3671'% -� .. ��� r•Di':iWi �i?: t7"��if .: �;ci J.�Y f•'. �?:° " _ ie "A"�, {..Dy$ ki 1.� ��:*�'.'"l. •...•.ir��JCd�a�1.•tL''`�:si>�cN^airj"�Ytli.3�t.�,!+:h'Ccs.f:'���.(tS�P�c.�Y'w'S,c."':'%fc:2i # t•:, � ss�'i :!i�:+.lc,;a� L� �ssa;;:d Jsi �rra:*x•�:, ci �.: � � %•.xT'a�:`.Fst�s :� ",:•s:, itwiv zqd it t"i Lr ra `i+ r %Rm W;rA AI- Cid "t; arff'IOe fengi t: c�s;estjr�r+ ! +the tr€aiaila 1 tz� i+�sbt04 t4.: wish tilm t+` reN.'%kMi fRO12PL'sMiSGr�.' r"Jfi y�$7r Z�Vwllv, Vlfb1'j"fAj al m4 'it?� lei Gt %s.,: ;*e."-ttry 1?k mwpws~ai* I.wnt;ybl, the wwvt'l ONYY3l`gc 'iZS:: c�?cii' jftt l; J:L. fj tkwarL -'r r w�iC�• ' di dd a a iCdCh�i TL,tirlE jird by tis ras+aoPata �iy set t�i'J +1Fd► 'r✓Qt� :�} J}5dk�1 r>� �.:f!S�ii =a�0 i rir,y �3ar:Si�fn"�''� l � ",�1�' 0;1,$i r�1^.�t1k$: �J�%OR`. srL+n t1b=�bt: u? ts:',rarce, a paT,ehx sadrastaant s=u1! tic � � ata•J?�'�s r. to %IV sn Mkal watr st by Itki pvwrtt Ow* tn: Exhibit F NOTICE OF VIOIATIOMPR E -CITATION NO'T'ICE COMMUNITY DEVELOMIENT DEPARTMENT -48 300 Centennial Way, Tustin, CA 92730 Responsible Person-rWAi- 1% UZ �►: 3e4nt� C. LeG Data ,� � _ T'untl .W&M A001 Ndriattr Picone �io�k�'w�►-'� 'V��.��► - 0tI9v%.1a. 4%61 A04%WPA ol-4 b7lescriptivnofvio jc�ti�y►,` r— �. ^.� As part of the continuing program of preserving and improving our comnn>nity, as inspadon has been made of the property at the above locadon and the following violet *s) of the Tustin City Code (TCC) were obserned: ( ) 1. Abeadonned ramperable ( ) 5.Ob arecdog strn% ( ) q %Mobile Automobile Sdrvica ( ) 13. Franchise or contact with ►dhlelm or discarded property sidewalks. alleys cad other public Pdamit Required TCC 3321 City required prior to container prohibited. T.C.C. 5502 (a) property. T.C.C. 7210 delivery. T.C.C. 4321 ' I ) 3. A RooBtw sbrdl be ( ) 5. Non-msiamnonce of { )10. Hurons signs shall be ( ) 14. Permit re*" far balloon maintained a minimum of 100 fat Jumbealm dead at overgrown proldbitad within 200 Pow of arty dtspiay (Only permitted in Brom any dwelling Abaco" vrgelatiwr Prohibited. -greet Intersection. conjurawan with a special evert) T.C.C. 4221 tbN3) C.C.C. 5502 (mXl) MC W03 (d)(Ma) MC. 9-M WNS) ( ) 3. Unmointained pouf. or bay ( ) 7. Paco and walls in () 11. Business Lioease Required () 15. Sign permit required. } I+f water prohibited. Disrepair prddbm& Mc. 2512 Mc �U3 'le It 04 — r.C.C. 5502 (g) T.C.C. 5502 (m)(3) .04A& � QdB�a�eJ�iiia� No ed beehive all ()�. Ah l 8. An condition which dxim () y 12. Prohibition on illicit ` () U 4�'�I �casQ 2ot5-a� he closer than 100 feet ftm any upon any prmnises that is conndaians and prohibited PSk5< i6tow remidentiat structure. street or dangerous to humrn life or is discharges T.C.C. 4901 highway. Y C.C. 4221 (ax4) dcaimentai to health 9015_04);F., _V0WA#41 T.C.C. 5502 (b) )mS. rva +o+A -• ""�'F ( 17. Other. P � R.�.�-� � ,fB9n8 I `��.�Y, OMIA-A Q�ir' JAU*'d S V. �>-e�3L7n.'\. ti• r �♦♦,lib. Doter: ne►r..x; .t1�'° �m'1' �- " 4tiy+++n5� �at�a•a � = ' v� Ci' 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 person(s) of the compliance requirements pursuant to the TCC andlor 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 TCC 1 163(a) or further legai action i Reference Exhibit A on the -)nck side of this uut.ce). Once the violation(s) have been corrected, please contact the undersigned so that the enforcement officer can re -inspect the orope ty and potentially close tbirelW. If you need further clarification or assistance with this matter. contact the :ntiersugned ut (713) 573-313-). 1,,714) 573-3135 ori 7 41373-31.11). , NOTICE OF VIOI, ATION1 1P E -CITATION NOTICE COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 1iJtR L ill oT1 Gi: -- '`SIA °ill1'� Responsible Person e to w, Hateof Time Address Phone Description ofviolatton(O _ An part of the continuing program of preserving and improving our comnainity, an inspection has been made of the ' property at the above bion and the following violation(®) of the -Tustin City Code (TCC) wee observed:- 1. bserved: 1. Abandoned Anoperable i %Alotes or discarded property pmhibleed. T.C.C. 5502 (a) i ( ) 2. A Rooster shall be d maintained a minimum of 100 fan Flom any dwelling structwe T.C.C. 4221(bh3) ( ,) 3. Unmaintained pooh or body of water ptohibitte& j r.C.C. 3502 (S) ( ) 4. No ux upled beehive'shall he clover than IUD Feet from any residential structum iueet or wahway. T.C.C. 4221 (a)(4) 1 7: 0thert lr ,is. other. fu ( ) S. Obruvuning,resent, +idevmlks. allays and other public property. T.C.C. r- 10 ( ) 6. Non-malatenuace of t mdseaups. dwd or overgrown vegotaeion ptohibluA T.C.C. 5502 (m)(t) ( ) 9. Mobile Automobile Sen►icea Permit Required T.C.C. 3321 ( )10. Human s%u "Ube prohibited widtin :00 fat of any -treat interaction. r.C.C. 41.103 (d1(ISxa) ( ) 7. Feats and walls In disrepairprohibited. T.C.C. 5502 (m)(33) fi oh ( ) S. Any condition which ousts upon any promises that is dangerous to human life or is detrimental to health T.C4 5102!b) low J { )11. Busluess License Required T.C.C. 2512 ( ) 12. Prohibition an illicit connoctions and prohlbited discharges T.CC 4901 plllAR wtrdows Shad Viet eltead Wamavm aM 1 ) 13. Framcbise or contact with City regalred prior m contminer delivery. T.C.C. 4321 ( ) 14. Permit required far balloon .16 -play (Only permitted in m» pjum Won with a special tweets) I:CC. 9x03 (dl(5) :)15. Sign permit required r.0 C. 9X03 20. �3olt0��t�r► Pl• r 42ebl�CuipZotS � OS' �$i w �ediet��Ol��aQs ,vv�io &#t lw • o� 9 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. �yee A6< This notice shall serve to inform the responsible person(s) of the compliance requirements pursuant to the TCC and/or applicable codes, laws, ami conditions. Failure to comply with these requirements within the time specified may result in -be issuance of an administmave citation pumutta to TCC 11b3(a) or further legal action i Reference Exhibit A on the -)trek side of this notice). Once the violation(s) have been corrected, please contact the undersigned so that the enforcement officer can re -inspect the property and potentially close you need further clarification or assistance with this matter. contact the nc:ersigiia i at ( 714) 3 73-3134. 6) 573-1135 c1 { 71 4) i 13-3149. Lu r r i ie<< sura. i Mr.rJ..•a,._. ra..uwn ver r n e>. ✓ Y. a r. ti! I/,w fill 414101;rlmil TUSTIN POLICE UEPAATI�REPIT .1 A. 1►CIMIL' , cIa fluri�ti;lou rluflal'11u�Ji Irl r MlAr1rn :r�.I�:Jtrr r ,«� . 300 CEWEidNIAL WAY • : �) �'dater:SYtr-i��n1 = r{=rlurur^,f LKIfA1=T11C11U•slt'11r:. -}, a rV$m, cA•92rao Rt 1: 1+ a'•.iu-:�ixl�JignTiu cl►wa aA C! lMlFli.W=0ENT "l' IEP r Ir-��ti t CNirAC 11100 llV 07111q' aJ J• ' of Clp4:>srarbAl I il 4�� � " , '•Ito IV rpto".-raff ) I 1. 01111 =!iA.RA ` j1MM1141141Ml117"A'L' • y -Ip�-1'��1� • [! j//, .• _ ����yyyy i:�:7:47 e%,Wil'iillfitA...1'.ry;i3..`�.�......_........_.....,...«. _ Y ... :.... 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OB vm 04 I INTERP.87® 06 YRS NO ICAO EL'r1ON9 1 =mum FOmD leas 137 Yrs NK1 11MUM FORCED WHEN17 B A 6 8 CITHER j 1 UNDER OIFL ALOOHDLJ DRUGS 211=111JURED SIMTIORIxi1t.EN 4 BUND 6 HANOWNPED 8 DEAF 7 MUTE B NAr NIAUX/ElMOTiONALLY IMPAIRED 9 OTHER 1611AD a ITIICIKIN[i1.7NIN'ONI. it INIM141:115 IAh1l1IL1ti1NNI1l1 IAANtill 'NtIFMO 18Dnva ID bats PlIAhIDY IMANIAMI17B.1 :^1 ih>eFillWlfilOT r:nAltrs�Na1LA iPlIFNPI'tANt�Ti'G-u11NNKi 741111117 OFF POWER i !61l�NIItt:00)iP1iC11AAEti n REA=aw VI011M .11INXIM T ARIAW N'TH fiATE111W gL'TALIATI Nl W TOOK UNLY l OARK)O lIL68 NB l= VICT11Aly V6Hif31.F $170111111110 SE UM1FA Np1uq(rx DRIKib 1M UBED DEMANiD MOTE W 11iED LOOKOUT .96 USED DtNM iB LIBED MAYU ICANOU IT LIS DVLI MS NAML W UBEDVIOTIMS BUITCASEMILLOWOASE SB USED MOMS TOOLS 40 VM WMED TO REMOVE PROIFEA Y 41 CUrIOINNEOTEDPHONE l4OA mLpO11rmRB10RE mw 48 vim 44 OTHER 17 RUMONBHIP TO S WWW Aia 1 HURBANO ;;:!F=AWY 2VBFE f SMOTHER ER �/ 1 BOYFR 4 N11T1AER t28DYt IsQWAF WW 14 NEIGHBOR 150JBNJMASBOOM 109FRAiNM QUI I AUDW ALAINM i 1 2 S8.EM ALMM ORMTERLWRITYPAMM 4000 BSTANDAIMLOW 61IA0LIUiY WW 00" T(%3 8 ON i1 OBSMIRW INTERIORVIEW 12 SEN1RITYSIUX NG P1.VIL mmi gm 18 UNKNOM 140111131 MARfIALB'r1RUS 1 SNIQLE 2 MARRIED 9 DNORGED 4 SEPAR11TE4 6 ANN ULL® 6 COMMOiL LAW T WIDDWPQ O INNNOWN ■v/n■n 6 DAUGHTER OWN 7 BROTt{ER B818•IER IsQWAF WW 14 NEIGHBOR 150JBNJMASBOOM 109FRAiNM QUI I AUDW ALAINM i 1 2 S8.EM ALMM ORMTERLWRITYPAMM 4000 BSTANDAIMLOW 61IA0LIUiY WW 00" T(%3 8 ON i1 OBSMIRW INTERIORVIEW 12 SEN1RITYSIUX NG P1.VIL mmi gm 18 UNKNOM 140111131 MARfIALB'r1RUS 1 SNIQLE 2 MARRIED 9 DNORGED 4 SEPAR11TE4 6 ANN ULL® 6 COMMOiL LAW T WIDDWPQ O INNNOWN ■v/n■n TUSTIN POLICE DEPARTMENT REPORT NARRATIVE CR#15-7061 PG#1 Synopsis: City of T tudin Code Enforcement roquested TPD Special investigations to conduct. an investigation of the IVY Lounge & Grill reference various code violations. Nerradve: On 11-12-15, at approximately 1800 hours, 1. started an ongoing investigation into the !VY Lounge & W1 restaurant, located 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 & 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 howl daily. 7hc follo044. violat ons were found: On ll .1Z-15, at approximately 2335 hours, Officer Cossack conducted a patrol check at the IVY Lounge & Grill. Officer Cossack narrated has 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 flu= and appeared to be saving them food while the customers were smoking hookah but he was not sure. The footage is documented under MAVS ID#266873. On 11 21-159 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 can. The footage is documented under MAVS ID#267868. On 11 22-15, at approximiately 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 r TUSTIN POLICE DEPARTMENT { REPORT NARRATIVE CR#15-7061 PG#2 Felson noted there wm-6 several patrons, both inside and on the patio, and they went: ampking bookkah and being attended to by workers. The "OPEN" sign was. also still lit. Officer Nelson was unsure if they wan; serving alcohol. OMcer Nelson noted that when the workers spotted him, they immediately shut ofd' the "OPHN" sign and began to frantically clean up. The footage is documented under MAYS 113#267991. On 11-22-15, at approximately 2330 hours„ [deer Nr.lson con& ed a p &ol check at the IVY Lounge & (bill. dicer Nelson toad nae he wi#neeeed approximately 5-8 people inside smoking and drinking. Officer Nalaon did not witness any food being served. Officer Nelson sued they did not appear to be making any attempt to close. This last inadent was not csplrmd on MAYS because Officer Nelson was sent on a call for service. I -ca Wmslly check IVY Loonge & Grill on Yelp mm. Tb y openly advertise their hours on weekdays being open till midnight, and weekend nights they advertise being open till 0200 hours (See AtUdmi). On .11-28-152 at approximately 2330 hours, Sergeant Cartwright and I drove to IVY Lounge & Grill to act as patrons. I immediately recognized the parldng 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 lb 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 fu11 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 wataurant. 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'to pley amplified music which a majority of the patrons' than to sing out loud to.'rhe music basted until approximately 0200 hours. There were no visible speakers outside, but the music could be cic3arly heard outside on the patio and well beyond. At 0037 hours, Sergeant Cartwright and J were served another two beers along with a hookah. The owner ,himself brought the beers and the hookah to as. At 0045 houm l 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 "Mehm "' taking two buckets. of bot coals and shaking the excess burning: ambers into the public roadway of El Camino Real, in violation of CA vehicle. Code 23111. The buckets were placed, and retrained, 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 fimucaily went inside and turned the"PW sign off. Although the "OPEN" sign was turned of% 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 wig loth 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 #12+3 TUSTIN POt.10E DEPARTMENT REPORT NARRATIVE CR#15-7061 PG#4 At 0215 hours, Sergeant Cartwright was still drinking his beer, and. the owner and waiter skW by while he finished the Meer 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 less than a hoot from the source of the heat. Our main waiter identified hhuself 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. E _ "J request this report be forwarded- to the City r Tustin' a B.nforce Boit :for further review. Ward #1243 IVY t o air OvIll - 64 14001•Ahrupw Ave `I n, (`A _ Re .. Pad.' 1 org �tfiid ss r1 r1s �>)�o►rsr+1 !r►�e+, .•_ .. tiMM W10 Qk - �.n.w.. w .. •ww.u.anr..r.�w..wn•w-•...w+n• +.�w. �.... + r.�w.. yelp IVY Lounge & Grid �R 4 i�i ~►"i'�ii�rS$ i $6 - Moditeirarman �sbra + ►r r ►w,la r /Taalft Ci112180 r ®pt 13RRahanrr � Y Itk1� S81'tL2;r2 "Ne been here ony tiros and Pre tried Uw persilin plea Mddt was ready r,� �I.O, 1t 1kWM�s RMSM "ft ampbym kept dianpin9 our cools and kept nftV Nwe needed wgr ft'sI s 1,* w, 41 Wave Sid made d for mo, but both hkn and VahM are nesters at me" • , hookah." n a rayrr-+sn F.�DmttriC#��d, R�sri�" �n,sdiwM.rrr sa�tay�tta � cel yiarevtMesrtq'aoerem, :.ourrta�: xlnStt'§►nf�•!ar•'serfr�a�i+�r_vf�rsl,rnreuMe Hamoon A. Yrbti>:A 1~ 2� Start your mvbw of IVY Lampe a GO sabot yws reaw 1300093 IVOR", Bast NOdwh Ever Love this Pleas fish atsrpl0araelvlae Came Nero And aft I Lara TO ad we apNN Sam ldhe G. 1 14Irmo I Coad mims%CA I arrisred a be and baklava Uny teouptn we the smelled '` as req of We and In smelled pdoe of beftwe ym%,u ever assn I Ww ordered a hookah end 8was nol pond at d I 9rdered Irtelnn hnl it wee nwro 1+Ao charcw; ra : age my tlhnd w*win garden soled wd wnchawd brchisf m" 5,Opr 11 -per.- Is Taft -1't 00 art 2.00 am l4S i. Pdw raw $11.80 Worx irarov �in+'�is bv&nets Mw 1100 am -1200 on Tue 1180am-1200am Wed 11;00 am -12.00 am Ttur 11.00 am -1280 am Fd 1100am-200wn Bat 1100am-2marn Opeonvw San 1100 am -120D am btisincisi Info Takao Reservdm rs Yes Db%l ty He Take-out Yes AmspdGnrdtCads YM Baoe Parkov Von Good for Me No GoadbrOwups Yes Exhibit S Orad Franc Southern California Edison KANA Customer Service <cfiphc@scecom> sent Wednesday, December 09, 2015 844 AM To: Steen, Brad Subject Re: Contact Us Form// (KMM5521159V78058L0Kt4 Confidential Information Dear Brad Steen: Thank you for visiting Southern California EdisoWs 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 ice com&ggtactUs or call our Customer Contact Center at 14KO-655-4555, which Is available Monday through Friday 6*.Mm to 9:00pm, Saturday S:ODam to 5:00pm and dosed on Sundays and Holidays. We appredate the opportunity to serve you. Thank you. Sincerely, Ms. Lent Customer Contact Center Southern California Edison Original Message Follows: Requestor Information: FirstName: ..... . .............. Brad LastName: ..................... Steen AccountNumber: ................ Street Address: . . ............... 300 Centennial Way City,State,Zip:.................Tustin, CA 92780 Phone Number : .............. ...... .714-513-3135 E-mail Address:............bsteen@tusdnce 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. a UVOODRUF , SPRADLIN &SMART Corp a ratio* January 7, 2016 YU FUW CLM MA% Vapid Adam Shoshbakht 13901 Yorba Street #25 Bastin, CA 92780 BL UM BOR" D18=DIM:.(714)4:5.182 D[ZBi.' M-CIA)41i110 B -MAW l.30aAZOWINW.AwCOW. Ra Ivy Lome & Grill --14001 Newport Avenue, ate A Dear W. Khoshbakht: This office serves as City Attorney for tha City of Tustin. It is our understanding that you are the owner and operator of the Ivry Lounge & CidL 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 & Chill does not hamediately begin full and complete compliance with the conditions of approval, City Staff will schedule a heating before the Tuadn Planning Commission socking revocation of the City issued approvals. The City will also request that IM 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 contimdng to sell beer and wine for on-site consumption at the Ivy Lounge & Grill and from opemth3g 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 CLIP and Design Review authorized the Ivy Lounge & Chill to opetate an outdoor seating area and to sell beer and wine for on -situ consumption (after issuance of an appropriate license by the Stats). 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 YmposoV on May 8, 2015. Condition 2.4 requires that all outdoor operations stop no later 9M 11:00 P.M. suety night of the week. -The interior of the restaurant is permitted to remain open until midnight on weekends, but must close no later thea 11:00 p.m. on wack iglats. Condition 2.9 requires fad the restaurant comply with TuaWs noise ordinance, and comittion 2.10 prohibits live or amplifted 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 133644 t 555 ANTM'BOUIZV"A3UrfH 1200 n COSTA MESA. CA 92626-7570 a (714) $51.7000 = FAX (7141135-7137 n .. n .rars.ytrn lose Jaa wy 7, 2016 Page 2 fi night, and s meth es well aftear midnight, time complaints demonstrate that the outdoor seating area of the restaurant is opted after 11:00 pan., and that the inter or of the restaurant is often kept open past the required closing tames, In violation of Condition 2.4. Subsequent obsevWans by members of the Tustin Police Department on murine patrol wltldn the City demonstrate 69 bo h the outdoor and indoor portions of the .restaurant are often open well past the required closing times. When City Staff investigated the uaase complaiats, it was discovered that speakers fbr amplified music had been installed outside the restrarsaxt. It waa alas dat=ined OW flnere we more than 32 seats in the outdoor patio asa. Wbile we understend that the speakers boo now beta moved, we also understand that the fient door of the restapr W is aften left open a tlid mode from inside the restaurant can be heard in, the patio arae. We also understand the time : War want hosts live inusic and Dft For example, the restaurant's Faeebook page advertised live music an December 18, 2015. Music that can be beard outsido the restaurant likely violates Condition 2.9. On August 11, 2015, Qty Staff issued you a writt n `Pr&4Mmdon Notice" advising you of the violations and warning that any fW*w violations of the conditions of approval would result in the issuance of an admutiabrative citation. Despite this written wxmin& on October 2, 20151, a Tustin Police Offiow respmft to a noise eonmplaint observed appr+oaiaa ly 20-30 patrons in the outdoor seating area at 11:45 at night, and heard loud music coming hom inside the restaurant Brough the open front doors. On October 3, 2015 a Tustin Police Of w on routine patrol observed several patrons inside the restsurant and in time patio area at 1:35 a.m. As a result of t_ itase violations of conditions 2.4, 2.9 and 2.10, an Administrative Citation — Citation No. 001158 was issued on October 6, 2015. Unfortcmately, it does not appear that the wAttm warning and formal Administrative Citation have resulted in compliance with the conditions of approval. Patrol c we" by the Tustin Police Department have documented mous violations of Condition 2.4. For example, these In video evidence of patrons using the outd w seating area at 11:35 pan. on November 12, 2015, at 12:40 a.m. on November 21, 2015, at 12:17 ase. on November 22, 2015. There is also evidence that food and alcohol were served in the outdoor seating area well wter midnight on November 28, 2015. Music that could be heard outside the restaurant continued until approximately 2:00 a.m. At that same tome, these were a total of 48 seats in the padjo 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 dotes and times of the violations, or even tho nature of aU of the violations. The foregoing mamples are intended only to demonstrate an ongoing and apparently routine pattern of violations of tae conditions of Upplu- 7he City of Tustin strives to create a business frimi1lp enviromnent, But that requires fat all business owners and operators respect the - rules, abide by established conditions of 133 I 010 Jamaary 7, 2016 Page 3 approval, and be courteous of their neighbors. The City issued you a perm t to opezve your budws. You agreed to the rano able conditions of approval imposed by the City — conditions that are similar to conditions Imposed on other similar businesses in the City. But there is slp icaat evidence gnat you are not comphing with those moons. Please be advised that City repreApo #itives will be mog Your business operations for the Easeehle fitters. N these are any f udw AoWions of the condition of app wvai in Resolution 4281, City Staff will schedule a public hearing and requed that the Plamfing Comtuiaaion mvolm CUP 2015-05 and Design Review 2015-005. At the same time, the City will request that the California Department of Alcabollc Bevernge Control revoke tlne Type 41 ABC License for the Ivy Lounge & Grill (License No. 556263, eaphution. date 6/30!20]6). For your oonvmdence, I am etching a copy of R.esolmdon 4281 and the camditional of approval If you have any questions as the meaning of any of the conditions, please contact Jnadna Will1 m, Assistant Director of Planning in the Tustin Community DrMopnnt Departnnent. Ms. Riliko m can be reached at 714-M3115. We hope that revocation pmoeedings do not become neomsary, and that you instead fitily comply with the conditions of approval and that the Ivy Lounge & Grill continues to prosper as a valued member ofthe Tustin businm community. Very truly yours, cc: Blizebeth Bhowk, Community Developmea t Director Justine WIlIkorn, Assistant Director, Planning Dan Hart, California Department of Alcoholic Beverage Control Ivy Lounge & drill c/o Vahid Adam Khoshbakht @ 14001 Newport Avenue, Unit A, Tustin CA 92780 Stan% Brad From: Cartwright, Jon Sent Thursday, March 24, 2016 3:27 PM TO: Steen, Brad, Subject: FW: Attacbmoft 20160323_182648.mp4 Brad, Yesterday l saw an employee dump burning coals near the high voltage electrical box west of Ivy 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 From: com NUM Siesd" Thursday, March 24, 2016 3:20 PM Ta. Cartwrighk .Ion Subje A 3w. YEA Exhibit Std, Brad From Southern California Edison KAVA Customer Service <diphcGUe eorn> Sent Thursday, April U7,2016 2:51 PM TO: Steen, Brad Subject Re: Contact Lis form// (KMM5608700V62202L0KM) Confidential information Dear Brad Steen: Thank you for visiting Southern California EdIsoWs web sfte. 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 029576. if you have any questions or need further assistance on this matter, please contact us by e -ma at www.s;-e& kontactys 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 pm., 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: . .. . ........... FMW Last Name: ...... ....»......... Steen Account Number ................. street Address: ................. 3W Centennial Way City►State,Zip: —. ............Tustin, CA 92780 Phone Number ..................... 734-573-3135 E-mail Address:.....».....bsteen@tustinca.org Message:.....»............tt 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 do So. Cal. Edison on 12/9/15 and this behavior continues to occur. 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Narrative: On 02-04.161 at makoly 2330 hamrs, I was driving an unmadredice vdlsicle, wearing plain clothes, in the area of Newport Ave and lab Camino Real. I drove by the IVY Lounge A 0 and me the Mowing observations: On 02-06r16, at 1111FIn &y 0100 boazo6 I was dnving an umarked pofhce vddci% weariag plain datim in the area oaf Wawpost Ave. and El Cao Ratl. I drovc by #ha IVY L4m mge & GrM and made Oc MuMmg obsrrvations: I noticed apltely 40 patrons both inside and out on the patio. The patrons were smoking hookah, eating, and drinking. The staff -was continually attending to their nerds. The' OPW 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 fours). The parking lot was full of veb idles. I did not hear any loud music, how the talking between patrons could be beard in the street. On 0210-16, at appro7rimQiely 0010 hours, I was driving an un m rked police vchicle, 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 burned off, however the staff was AM attending to the needs of the patrons and continued to do so for the next 20 minutes. 02-10-16 was the and of a Tuesday A& into Wakiesday morning and the business should have been dosed by 2300 hours. The paling lot was full of vehicles. I did not observe any loud noise that could be heard in the street. Ward #1243 je TU5TlN OOUCE DEPARTMENT REPORT NARRATNE CR#16-1001 PG#2 On 03-23-16, at appmaxirnetely 1820 hours, Sergeant Cartwright observed several burning containers behind the electrical box located at 14001 Newport Ave. See Sergeant Cartw right's aapplementel report for further ddkU On 04-07-16, at elrpmuimd aly 1730 hours, I was walking eastbound on the south curb of El CMVIW Real in inertia. Behind the electrical boa located at 14001 Newport Ave., IVY Lounge & GrK I saw two metal cis. One canister was . whine the othar at atop a heat source in order to heat coal. I observed flames emitting firm the canister appr+a- imately 3 feet from the electrical box. Terve � took a photo and recorded video of the incident. I attached a copy of the photo to this report and weed the video to Code Enforcamarrt Officer Brad Steen. On 04-07-16, at mately 2321 hours, Officer Cossack co6dicted a patrol check of IVY Lounge & Grin. Officer Cossack noticed the "OPEN" sign was still on and tbm wereapps+oaonaately 20 patrons being actively served by the staff both on the patio and inside. Officer Cossack later told me the patrons vete smoking hookah both indoors and outdoors, as well as being waved food and beverages. The incident was captured on his Mobile Audio Video System (MAVS) with a MAVS 1D#287258. Later #hat night on 04-08-16, at appra ximately 0014 hours, Officer Cossack again conducted a patrol check of IVY Lotmge & Grill. Officer Cossack noted the "OPW* sign had been turned WE There appeared to be approximately 3 people inside the resWurant being attended to and still several cars in the parking lot. The incident was captmred on his MAVS with the ID# 287260, On 044)9-169 at approximately 0118 hours, Officer Cossack conducted a patrol check of IVY Lounge & Orill. Officer r Cossack noticed the "OPEN" sign was still on and appgoximately 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 11D# 287424. On 04-17-16, at approximately 0023 horns, Officer Cossack conducted a patrol check ,of IVY Lounge & drill. Officer Cossack noticed, the "OPEN" sign was still on and there wereapproximately 30-40 patinas both inside and outside on the patio. The patrons were being attended to by staff and being served hookah, food, Ward #1243 TUS 1N 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 cqptmW on his MAVS with the M# 288616. On 04-20-16, at I --dy 1900 hours, I was walling eastbound on the south curb of El Camino Real. Behind the electrical boa located at 14001 Newport Ave., IVY Lounge & Grill, I noticed a cind block wall had bow consiracted betwa n the electrical boa and the wall of ft r sim mtt. The wall was apparoI ly 3 feat blo and sbapod like an, `T, "Behind the cinder block wall I saw two metal buckets with barring coals inside. Both buckets had active flames which reached app rr * u sly 3-4 i dick the Ukkets. I took photos of the wall and buckets and attached them to lbws report. I also took a video which was emailed to Code Bnforceme ut Officer Brad Steen. On 04-21-16, at appzoi i Wy 2334 homrs, Officer Cossack conducted a patrol check of 1VY L mmge & CMU. Officer Cossack noticed the "OPEN" sign was sti71 on and there were approximately 20 patrons both insick and oat on the patio. The patrons were being attended to by staff and being served hookah and beverages. The incident was cgftmd on his MAVS with the HM89302. On 04-23-16, at approximately 0116 hours, Offices: Cossack conducted a patrol check of 1VY Lounge & Grill. Officer Cossack noticed. the "OPEN" sign was AS on and there were $ppro�rimaterly 50 patrons both inside and out on the patio. The patrons were being attended to by the staff and being served hookah, food, and bevyages. The incident was captured on his MAV with the M#289492. On 04-24-16, at apprWAALLW ely 0129 hours, Officer Cossack candudzd a patrol check of IVY Lrnmge & Grill. Officer Cossack noticed the `OPW sign waa still on and there were appro�cim dely 15 patrons inside. The patrons were being attended to by the staff and being served beverages and hookah. Mw incident was captured on his MAYS 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 vehicles in the area, the owner, or staffmembers, would tam the "OPEN" sign off and make it appear they were closing while still serving patrons. Ward #1243 TUSTIN POLICE DEPARTMENT REPORT NARRATIVE CR#16-1001 PGI I ragae a this report be seat to ft City of T'uatin Coda &forcement for farther retia►. Ward #1243 f TUSTI N POLICE DEPARTMENT SUPPLEMENTAL REPORT CR 1844 On Wlerch 23, 2018 at 1820 hours, i was working a plain clothes assignment, driving an unmarked vehicle. 1 was accompanied by Det Ramirez as we drove east on EI Camino Real towards Newport Av. I saw a male subject acct the outside patio of Ivy Lounge and Grill, located cert 14001 Newport Av. Suite A. The subject was carrying a metal bucket that emitted smoke. The subject vmiked cowards a green high voltage bmc on the west side of the business and dumped the awft as of the bucket on the backside of the box In the dlrL 1 know this business to sell hookah and the buckets contain smolderbv lemon wood coals to fknl the hookah. I parked my vehlcie In a remate bce"m and we wa i to where the subW dumped the colds. t saw two cyllndrkskl instal rwrtters atop parhdAs heat sources. Bath seders were smoWerkig acid Hones amifiad Rolm the fop of one. The cwftw that had 8arroas coming ad efthe top was closest to the high voltage boor. I eWknated k we lase than one loot away. I took phmimipapo m i of chs canisters as wd as vkfeo. There were mimidewh embers on the ground v rn I saw She eubject dump the hot coals. There were ashes an the ground khat appeared th be aid. There was a black pieetic tib #hat corA rod black: soaks. It appears Vft area Is vrhere affgi)y as heat up web for hwkeh and dump out the old ares. 1 aftw%ed the pholograpls to to report and sent the video to Code Fdbrcertcetlt Offlaer Brad Steen. Sgt. J. 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J....wr.+nr�i�� � .n.. rR � � n..w.w..� exxv= fir.,, . 0 aw �;.: r- � 8�e gess penmis�iaa niiha srbm3ed to the Dei-xWmt upw damand sz toarNe oo - , ru ea//fifi// IN anelowm ar Z'su In //55���� WAft *r YJ Ym 1104 fPE'vW TUS 1N POLICE DEPARTMENT - SUPPLEMENTAL SUPPLEMENTAL NARRATIVE mAy 0 06 CR#16-1001 PM On 05 -31 -*j at approximately 1100 hour I received a notification from the mords deparlmont at TPD, of a discrepancy in CR#16-1001. In my report incorrectly listed a MAVS I13#287424. The confect MAAVS 1D# is 287420. Theme is also another MAVD ID#287418 that was not fisted 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 finther review. 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Q13 I FAMU 40D B JBilB= , Dim 2LMM 10 48 DAMPER 808 ' 2ONWA,lURED 8VIOTHEI 46MOTOR HOME 38ENTQRCrr4MN 4fAYHER 128oYFRreND 47PASSENOM 4 BLM10 8 0AUG"m i/ 133!ALPRM w1P101 5 � 080N 14 Nt3�R Ag eDEAP HROTHtD; ti BUBINEBBAaBOG'A'E V TmCK ± 7 MUM 8 618TER iS t3TAAN0PA !f VAN Z MENIAL:Y/EMOitONALIY t 7 UrlKNONM BOTHER 11 18vaQI aLRBTamm 14 SALLAPERBOII lb SEEK AiSIS1AN1f 18BEEKOMPUTIONB 178CVAWGGt1M MA 18 SOLICIT FUNDS 1007m 1 A XMUAIARM L 2 aBEA1TALARM 8 PAIYAIE BaOURITY PATROL 4 000 B o oN aINODELIGHTINGON AGAAMO DOOR LOOKED I 11 OBBOURBD INTERIOR VIEW jCOAA61EgOlAtJ8U8111F.BS) tsBEcuImYSIaluNo FN•?Yt ALARM It1C4 i 1sulBpiolrN i 14 OTHER I Iay tUidwolLBTATUB } I SWOIE 211MRIIIEO B�IvaRaraD 4119PARR7W BANNULLi:D jCOM1kON LJBK 7 r'0OA!PQ 3UNKNOWN ?OTHER TUSTIN POLICE DEPARTMENT REPORT NARRATIVE CR#16-2987 PG#1 Synopsis: An undercover operation was conducted at IVY Lounge & Drill at the direction of Code Enforcement to find any CUP and/or ABC violations. Narrative: On 04-29-16, at approximately 2330 hoots, 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 eat 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 given beverages and hookah. At 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 least one hookah. A10r.f +H IA'2 TUSTIN POLICE DEPARTMENT REPORT NARRATIVE CR#1ir2987 PG#2 At 0124 hours, the owner turned the `OPHY' 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. 1 request this report be forwarded to the City of Tustin Code I rl ji, far further review. I also request a copy of this report be forwarded to the Alcoholic Beverage Comrol (ABC) for further review. ward ##1243 Exhibit, am r } Exhibit, am Caixumunifiy Development Department May 9, 2016 Mr. Vahld Adamkhoshbakht Ivy lounge and Grill 14001 Newport Avenue, Unit A Tustin, CA 92780 TUSTIN RIAIDINO OURFUI= HONORING OUR FAST SUBJECT: REVOCATION OF CUP 2015-05 FOR ON-SITE BEER AND WINE SALES (ABC LICENSE TYPE 41) AND DR 2015 -WS (OUTDOOR SEATING) AT MY LOUNGE,14001 NEWPORT AVENUE, UNIT A, TUSTIN Dear Mr. Adamkhoshbakht: . •x On January 7, 2016, the Tustin City Attomey 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 Attomey 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 2015-050 DR 2015-005, and the Tustin City Code. The Tustin Planning Commission will hold a hearing to consider staffs 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 lune 14, 2026, 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, "boo w. �. Dana L Ogdon. AIC ,Assistant Director cc: Samantha Beier, Assistant Planner Brad Steen, Code Enforcement Dana: Ur. Wy lounge ytA ► k:7I1t11110,41 UAS# 1tpti"lt.i vk I /:.1F1 t r'1 41 11.3 itol to l IH1 1�., tl .ri M .✓N �. 1JtVl�tarit,ra. Attachment 1 dr 4Fz T6xi 'tix 5s F 4 l 5 t ;�m 4 � ; 4� i�0 - -� � ' �. , E v ! ,4 ��: _ ��. 'Ty-� h - � y ��. �Y� S t. �� ': 1 { . }.� ,, ; �: � :,'� �_� -� r is ��� _ � �' #� � , ��#��� ;.: ' rte:: ;� .� ��-���� � �-� ���'� �;��i� �.� .� l ,,, _ _ �,._ '� ��}��� �� � �� , _, r� ' � -�' ._ .` ;� ��� x ...� 5+ w� "Ma 4. AK—Am Ima 5w K'Appow Y M %;i .. All fJM+ VLTL. L' jmr• AM Olm M ,p-'r M � IAF .t xo#_ I ).li �.lr y :t � �; WON x4Q ; r. f ov Attachment ` &udn poIc® Deparbnent Calls For service Report y , Generated by 1120 on 5/29/2016 anamh Qty: TU I Thee Range: 04/29/15 00:01- 05/29/16 23:59 1 Agency: FP I Address: 14001 NEWPORT AV #A incidentAOD•Tim• Type NOI unit Di•po Location 5TU0 8 :P .QDateM 02AM 418E LOUDMtXNC 390 as 1400'1 NEWPORTAV#A ERM24= 11P .1161 MG 1 2WAR415E LOUD MUM C S10 0 +14801 NEWPORTAV#A 5TLNN)x 18 i P 07!17116 n5 AHS 416E LOUD It= 812 05* ;14001 NEWPORT AV I& ifilkise7S P 0,-YMM8, 07:17:42 41SE LOUD MAIC :779 05 14007 NEWPORTAV#A Fr00034438 'P : 07620!16 11:0000 4888 PETE Y THEFT ®OSE ' 64 X03 140M NEWPORT AV #A 8T0008 M :P 0BA1115 02:1813 PC PATROL CHECK *J ii- CAP 14001 NHIYPORTAV#A 5T00034M 'P ,08101116 2248:03 PC PATROL CHECK 831 ,COP. 140M 1E WPORTAV#k 5700034898 P `08108115 0212:32 PC PATROL CHECK ; Ii31 ,Cop 14001 NEWPORT AV #A 5700034998 �P 1110 H6 0240:17 ;416E LOUD MUSID 3I10 ,O6 14001 NEWPORT'AV#A 5700088449 P'081'11176,13:9428'CC 4, VW CODEENF ,A2 :C014P '14001aEWPORTAVB#A I swom0s06 ! I ;i0911i819a iPC PATROL CHECK 412 µAQ :cop 14001 NEWPORTAV#�A_ 6300045114 -P ;10102698' 23:1805 `415E _831 'PARTY11 C13INT M10 `05 14001 NEWPORTAVM 6T1i 16938 ! P r 10103!1# 07 4 ' PC PATROL CHECK _ 881 ',COP '14081 NEINPORTAV #A �,� 67110061FM 'P, 11182!16'; 232M MG MATROL CHECK 310 :COP 'M 14001 NEWPORTAV#A ._ ... _.._. __— . t 5700051875 P °11113!78: 00:3701PC ... ;PATROLd�CK �i831 agency except as provided by law 'COP 144 NEWP�DI iifflili 6it1006;lO10 P ;11116016; 01�/Ba . PC PATROL CHECK'_ '310 COP .� , 14001 NEIitlP01 &V#A r 6700 MW P ;11117116 98:388:34 .INRQ INFORAQATlON ONLY OS 94001 NEWPORTAV6IA 6T00062fNE +P 11121115} 00AOt61'PC e PATROL CHECK 831 .. ., COP 14009 NEWPORTAV#A . _,_.... _ ..- _.. 6[U0064077 i P ,11118016 23*3BAa C5 STAKEOUT 828 COMP - 94001 NEWPORTAV#A 5T00064108�P 11119016 00'18:00 PC PATROL CHECK 310 08 � 14001 NEWPORTAV#A T00068218JP 12182116, 60:19--38 TO TRAFFIGSTOP 721 [AN A4001 NEWPORTAV#A BTLXWXM366 IP 101/03/18 00:07:38',PC PATROL CHECK 831 COP 14001 NEWPORTAV#A 8TI10001077 ±P 01/08118 00:28:58 ,PC PATROL CHECK '310 -OOZE' 14001 NEWPORTAV#A STLIOM465 , P 01111118 00:90:63 78 TRAFFIC STS [721 OW 140M NEWPORT AV #A BTUDOIXI 0 P - 02!:10/18 0127:10 INFO INFORAAATION ONLY' t Os 14001 NEWPORTAV#A STUOM200 P O3f28118 0204:26 PC PATROL CHECK 8181 4 COP 14001 NEWPORT AV #A OT00013050 { P 03118M8 01.16208 PC PATROL CHECK 1881 COP 14001 NEWPORTAV#A OTUO014238 i P 03127/18 18:240 INFO OCFA cow 14007 NEWPORTAV#A 8TU0015= P 0403116 2102.18 INFO INFORMAMON ONI. 891- 14001 NEWPORTAV#A 6TUW18222 'P > 04107618 2324:16 ' PC - PATROL CHECK 310 ,... iCOP 14001 NEWPORT AV #A 87110018889 ' P ' 0409116 01:16:83 PC ; PATROL CHECK 310" t 14001 NEWPORT AV #A BTUDD1T418 P 04MOMB 08:41:08 TS TRAFFIC STOP 811 SDC 14001 NEWPORTAV#A 6TUOMT895 P 04117118 0025:58 PC PATROL CHECK 310 COP 14001 NEWPORTAV#A OT00018495 P 041121/18 23:3824 PC PATROL CHECK 510 COP 14001 NEWPORT AV #A 81UW18715 P 04118116 01:18.13 PC PATROL CHECK 31d COP 14001 NEWPORT AV #A OTU0018900 P 0412018 0120:14 PC PATROL CHECK 510 COP 14001 IVINPORTAV#A 870002340 P 08108138 1415820 INFO INFORMATION ON. 6217 03 14001 NEWPORTAV#A mvmwn P 05104Me OtAft15 1108C NUBP00c11EM 412 05 140MAVIIIA CAL, COPY FURNISHED to any other person or p4pa 1 of i agency except as provided by law "RhOUt the express permission of the Tustin P011ce Department, and Is to be futumed t0 the Deowtment upon dpman,4 Tustin Police Departrnen Calls For Service Report *iGJw'L'. p '0 �� , ,.>� �:"' Generated by 1120 an 5/29/2016 . Y SoKoh Q00 Cty: TU I Time Range: 04/29/15 00:01-0/29/1623:59 1 Agency: FP j Address: 14001 NEWPORT" #A Y d K "rM 6 YYPe Not Unit Dh R.ocetlon t - 6TU00=16 P 05126M6 02:"dl0 _ 410 _ WUD WSIC we w' � 14' M NEWIRM AV #A 1149 06=5 0267 0 CABS NUMBER - LI -1600010837 CM 1239 05126116 02:44:60 INCKENTNUMBERSTLM023295 1149 001=5 0260:11 i ruin iw:.M AND PEOPLE BEING CRAZY FOR THE PAST 1.6 HRS, 1149 OO M6 02:67 0 Closed dlmpo : ADVISED 1149 06126/16 0261:60 WARD FTIZ PAWC'D 6TU002400 P 06130116 1:2:66:011 416E LOUD RMIC 310 06 14001 NEWPORT AV #A 908 . 05190116 2323:64 CASE NUMBER = L1-16-00011328 M4 1267 05130/16 22MM INCIDENT NUNIBER:6TU0024238 1267 05131IN5 2200 LOUD MUSIC AND YELLING 900 06J9 5 23:1328 f=DUE7OAA-6TU24296 909 06180116 23:29:64 Ckmd dbM : ADVISED . 908 all MS 231.9:64 WEARD 5 UO032076 P 07/17/76 X19 416E LOUD MUSK 8'12 05 14001 NEWPORT AV #A 1239 07/16/15 0*00':09 CASE NUMBER - U-1600016401(_ M 1140 07117116 2M.19 INCIDENT NUMBER,.Sn 92876 1239 07118116 00:00:09 Cfiosed dlspo : ADVISED 1239 07118118 000.9 SMITH - PAWC AND MUSIC TURNED DOWN 5TUO033919 P OTP M0 91:17142 416E LOUD MUSIC 713 a 14001 NEWPORT AV #A 1299 07/26/15 01: AS CASE NUMBER - Ll -15-00018042 M4 107' 07/28116 0117A2 INCIDENTNUMBER:5T00039919 1257 07/20116 01:17x42 ALSO LOUD 'SCREAMING AND HOLLERING". RP WOULD LIKE TO SIGN 1239 07/28/18 0126:48 Closed dlspo : ADVISED 1299 07128116 0110:40 rim :PATRICK- OWNERADVISEDAND WILLTURNDOWN MUSIC 1299 07128115 011:46 RP WAS CONTACTED, WILL FOLLOW UP WITH BUSINESS LICENSING. WWO34438 P 07=15 11:00:80 4885 PATTY THEFT BIKE C4 03 14001 NEWPORT AV #A 1108 07/29/16 11619 CASE NUMBER - CR -16-00004634 (TU) 1044 07)291116 11:00.W INCIDENT NUMBEROT00034438 1044 07/2 MS 11:00:30 RPS BIKE WAS WAS CHAINED TO AN ELECTRICAL BOX AND TAKEN LAST NIGHT. LINK SUSP CUT THROUGH THE CHAIN. LOSS WAS THE BIKE AND CHAIN. DKORY 3G BIKE BEACH CRUISER WITH BLK WHEELS. OCC 072615 1800-2000. RP IS NOW AT HOME ON MITCHELL 1106 07IM16 11:1924 1081 RP - 87 AT BACK DOOR 1193 07MRS 11:30:27 RP DID NOT KNOW SERIAL NUMBER FOR BIKEAND DESIRES PROS 1106 07MRS 11:36:10 Closed dlspo : ORIG REPORT TAKEN 1106 07/29/16 11.35:10 GARZONE 488RPT vST000S4543 P OW005 02:18:2.3 PC PATROL CHECK 831 COP 14001 NEWPORT AV to 1149 08101/16 021824 INCIDENT NUMBER:6T00034843 a� Page 1 of 6 FURNISHED to any other ar person or agency except as provided by taw without the express permisston of the Tustin Police Department, and Is to be f11AFffMl.I� iw ♦�.w Aww�.ia.w`.�..��r J�r..J TusUn Police Department Calls For Servk:e Report Gensrsted by 1120 on 5/29/2G15 Sq=bSZUft: G1ty,. TU j Tina Range; 04/29/15 00:01- 05/29/16 23:59 1 Agency: FP j Address: 14001 NEWPORT AV #A KDi e TMn� i!Wa um 1010pe LOcaHOn 1140' 08101M8 OZt&o ., Closed dis : COP AGTMf Y 1148 08M1M5 .0&18:48 WHITELEY SUBdS OUT ON THE PATIO 8100034978 P OIMPIS - 23:46:03 PC PATI OL CJHECK 881 COP 14081 NE WPORTAV 3A 1239 001M5 23:48&3 INCIDENT NUMBER:5700094978 1239 06101M5 2&47:13 Closed dkpa : COP ACTIVITY 1289 08M R3 28:47:13 WHITELEY 1299 DBMS 05.4537 SUSS WERE OUT ON THE PATIO SMOKM HOOKAH STD0034993 r P OOM?M8 02:12»831 PC PATAOL CHECK 831 COP 14081 NE WPOW AV #A 1239 08W5 02:1232 INCIDENT 1239 0 M RS 0212dIO Ciooed dispo : COP ACTMTY 1230 0~5 0213:00 WHITELEY - NUMEROUS PATRONS SMOKING HOOKAH OUTSIDE STUB034M P OBM2M5 02*r1O:17 418E LAUD NAI IC 310 88 14001 NEWPORT AV NA 1238 081=5 0&02:64 CASE NUMBER = U-18000 OM MQ 12x9 OSI M5 02.40:17 INCIDENT 1289 05102M5 03:0254 Closed dbpo : ADVISED 1299 002MB 03:02:54 WARD - SUSN CLOSED FOR THE NIGHT STUD03NO P 08111M5 13:14:28 CC WI CODE ENF A2 COMP 14001 NEWPORT AV#A 1284 08/11/15 13.14:20 INCIDENT NUMBER:6T00090449 1204 08/11/15 14:27:22 CODE ENF ISSUED ADMIN NOTICE OF VIOLATION 1284, 08/11/15 14:28:02 dosed dbpo : COMPLETED 1284 08M 1115 14:28:02 TRAHAN STUON0305 P 09M8115 00:2p:03 PC PATROL. CHECK 831 'Cop 14"1 NEWPORT AV N& 1239 09/p5M5 00 2:03 INCIDENT NUMBER:5T00040305 1239 09/05/15 00:22:08 STILL OPEN AND MUSIC ON THE PATIO 1239 OW05M5 00:22:14 Closed dispo : COP ACTIVITY 1239 09M511S 0022:14 WHITELEY SIUO046114 P 10=HS 23:18:59 4158 PARTYIMUSIC DIET 510 05 14001 NEWPORT AV NA 1290 10/02M6 23:54:17 CASE NUMBER= LJ-15-00021603(TU) 1257 10M2/1S 23:18:59 INCIDENT NUMBER:5T00045114 1257 10102M5 23:18:59 DOOR 18 OPEN W1 MUSIC BLASTING - RP WANTS TO SIGN 1290 10102/15 23:54:17 Closed dispa : ADVISED 1239 10102MS 23:54:17 WHITELEY-AM4SED TO TURN DOWN THE MUSIC 5TU004S130 P 10103HS 01:30:24 PC PATROL CHECK 831 COP 14001 NEWPORT A'VOA 1239 10AW5 01:3524 INCIDENT NUMBER:5TU0045136 1239 10/03M5 01:95:24 MUSIC W OFF, 20 PPL ON THE PATIO 1239 VMS 01:3535 Closed dhpo : COP ACTIVITY 123Q 10M9RS 0135:35 WHITELEY OFFICIAL Copy page 2 of 6 page TM ED or FU to any outer person or agency except as provided by law without the express permission of the Tustin Polite Department, and is to be returned tn the 7 Tustin Police Delparltment Calls For Service Report Generated by 1124 on 3/29/2016 ftm1LAfttk-* Qty: TU j 11nu Range: 04/29/13001.,01-05/29/1623:59 1 Agency: F,P j Address: 14001 NEWPORT AV *A''''''' f pi.. tMrM rip TLOOMIW� eful IN8i9 P, _o 1U1> m'=am PC 'PATNOL GHWK i9Y OOP 14M WWPDWAV#A ' 1149 11+12KII 25.86:68 WOIDMTT 16 70 1149 1~5 =WAS _ Cload dNpo : COP AC'TMTY 1149 111121a 23:40:48 COSSACK - ST1.08m 79 P 111315 9037:39 PC F PATROL. CHECK am COP 146M NEWPORTAVIIIA 1149 11/13115 OM37ZO 910911T NU11 BERbT00051879 1149 11/13KO 00:37:52 Closed ddpo: COPACI7VITY 1149 11113115 W:V:62 WHITUM 5TL199s010 P 1915115 99NIMYIO PC PATROL CHECK 1819 cop 149M NEWPORT AV IIIA 1289 MIN" 01A2" INCIDENT 10 1259 1 V15M8 01016:12 [toad dlspo : C OPACTRATY 1989 1 V16115 0196:'12 COSSACK 87tM089444 P 11117119 19 34 MFO ATICN ONLY 03 149M NEWPORTAM 1121 11A M5 1829.96 CASE NUk*M m M15.9DOD7081 CM • 1121 11117115 1896:84 INCIDENT 1111 19117115 1898:48 Closed dlspa : OM REPORT TAKEN 1121 WI M5 %M48 WARD OTUD052093 P 1112'1115 00AM51 PC PATROL CHECK 931 COP 14001 NEWPOR`r AV W1 1239 11/21/15 00:40:51 INCIDENT NUMBERX U0062903 1989 11171115 00:40:61 SEVERAL PATRONS ON 7HE PATIO 1299 11/2'1116 00:41:02 Clmd dlepo : COP ACTIVITY 1739 11/21115 0&412 WHITELEY SM005401'7 P 11126115 23:39:48 05 9TAKCOUT US COUP 14001 NEWPORT AV #A 1289 11/75115 23:38'.46 INCIDENT NUMBER:6T00064077 1287 11/ZOM5 02A4:44 CkmW d1spa:4rOMPLETED 1257 1129/15 02:44:44 al 5700054105 P 11119/15 05:18:00 PC PATROL CHECK 310 08 14QD1 NEWPORT AV IIIA 1257 11/28/16 06:27:43 CASE NUMBER - U-15400026678 (TU) 1259 11R905 06:18.01 INCIDENT NUMBER:5T00084108 1239 11/29M5 06:11kM REQ OFFICER C066ACK PC IVY LOUNGE- DOCUMENT ON MAVS ANY PATRONS STILL 97 ON THE PATIO 1257 1 V29M5 05:27A3 Closed dlepo : UTLIGOA 1257 11129115 061.7:48 [SACK- NO ,ONE IS 97 BT00066216 P 12h2t15 26:19:36 T8 TRAFflC STOP 741 0W 14001 NEWPORT AV 9A 1149 12112!'15 20:19:37 INCIDENT NUMBERSrU0066218 1149 12/12/15 2(:19:37 QL.721 ,GNQ)=T.CA 1149 12/12/15 202114 Chad dMpo: DRNER WARNED 1149 12!12115 202114 GIRGENTI Ps" A gigWL uurLLL- f ".COPIED or F/RN1'51`fEp to any other Person or agency except as provided by law without the express permission of the rah Tusterw...in+ Potic:...�e Qepart_ cn�t, and IS tc � Tustin Polido Department Calix For Sondes Report Generated by 1120 on 5/29/2.36 &mtdLQftrla: City: TU j Time Range: 04/29/15 00:01 - 05/29/16 23:59 1 Agency: FP 1 Address: 14001 NEWPORT AV #A xndd�n! A Deb Titus 1i p! lNoz Unit _ _iW9 -1"Lo""" P oiiihi a PC 147196L file ON COP 14001 NEWPORT AV IIIA 1289 01AMS 00:1728 MCIDENT NIJUBERSTUDDOM56 1280 01109/18 00:06:18 BUSN STILL OPEN AND PATRONS iNBWE 1280 (MI MS 0x08:20 Closed dbp : COP ACTIVITY 1230 01A9M8 W WHITELEY 8'1'00001071 P 0'1108!18 00x6:86 PC PATROL CHECK 810 COMP 14001 NEWPORT AV #A 1140 01:6118 0028:56 IMgDENT 077 1149 OWWO 00:27:7 PEOPLE ARE INSIDE BUT IT 18 C4 1140 0W08MG 0027:18 Closed dila : COMPLffFED 1148 OWA8118 002718 8TU0001460 P 0111V118 00:1811 TB TRAFFIC STOP 721 DIN 14001 NNWPORTAV PA 1044 OV111118 0O:10di3 IN(M)ENT NLlMBER2TU0001466 1044 01/11/18 00:10:69 QL,721 ,3XDL182,CA 1044 01111118 00:14 Closed dMpo : DRIVER WARNED 1044 01111116 00:14:0 GIRGENTI IT00000320 P 02MOMS 97:37:19 INFO INFORMATKINONLY 42. 14001 NEWPORT AV#A 1044 02/10110 01:3721 CASE NUMBER= CR-18OW1001(TU) 1044 02/10/18 01:37:19 INCIDENT NUMBEFbST00005320 1044 02/10/18 01:3720 Closed dispo : ORIG REPORT TAKEN 1044 02/10118 01:3720 -WARD STUO012856 P 09110//8 01:04:26 PC PATROL CHECK 831 COP 14001 NEWPORT AV #A 1239 030/18 02:04:28 INCIDENT NUMBEFLOTUM12855 1239 03=16 02:0426 PATRONS STILL INSIDE AND OUTSIDE 1239 03FMO 020423 Closed dlepo : COP ACTIVITY 1239 09/20/18 020423 WHITELEY 8700013968 P 03Ir't81l8 01:62:03 PC PATROL CHECK $81 COP 14001 NEWPORT AV IIA 1280 03W5 01:52.03 DrADENT NUMBEROMM13958 1239 03/28/18 01:b2A3 STILL OPEN, PPL INS 1239 03/18/16 01:52:12 Closed dispo : COP ACTIVITY 1239 030MO 01:52:12 WHITELEY 8700014238 P 03127118 18:24:27 INFO OCFA COMP 14001 NEWPORT AV #A 1239 007/16 182427 INCIDENT NUMBER:BT00014236 1239 03127116 18:2427 BETWEEN IVY LOUNGE 8 THE MOTOR LODGE, COALS SMOKING IN BUCKET 1239 09117116 182423 Closed dlspo : COMPLETED 1239 09117118 1&2423 KUYKENOALL 6TU0¢16629 P 04/09118 21:02:18 INFO INFORM71M ONL 311 03 14001 NEWPORT AV ifA 1280 04103MB 2128:14 CASE NUMBER = CR -1540002330(M 1220 04/(13118 21="19 wcww915= OFFICIAL Copy Pam 4 at 6 FURNISl'iED to any other person or agency except as provided by law Without the express permission of the Tustin Police Department, and is to be .% Tustin Police Department CaUs For Service Report Generated by 1120 on 5/29/2016 Awnbcoffm City: TU I lime Range: 04/29/1500:M- 05129/1523:59 I Agency: FP 1 Address: 14001 NEWPORT AV *A .f,A,yi�7Y� LooedtoD 1240; o4AaNa 21:12�Is T' ego � . 1220 04/08118 21:1306 928A ARCHIES 1220 04A MB 21:18:40 QL.712 .TGKGM .CA 1220 04/0.9/18 21-I&AB QO.712 . 1280 04108/18 2121:67 RM 928 FS FOR HONDA 1299 04/09/18 212.9:04 928A FB CATOW 1X26 04/88118 2104:18 UNIT 809 1220 041 M6 22:14.18 Clewed dispo : ORIG REPORT TAKEN 1220 04159118 22."14:16 CROUCH ST1180118222 P owns 281."0.16 PC PATROL CHECK 310 COP 14001 NEWPORT AV" 1200 04WK8 23 '18 INCIDENT NUMBER:8T000ia222 1247 04WI18 23:24:69 APPROX 20 PEOPLE ON PAM AND INSIDEESTABLISHMENT. PEOPLE SMOKING HOOKAHANdD EMPLOYEES STILLSERVING CUSTOMERS. 1247 04107118 2325:36 BOTH "OPEN" SIGNS ARE STILL ACTIVAIMPPEN SIGN FACING NEWPORT AMM ANDS03N FACING EL CAMINO REAL). 1247 04WI18 2302 PATIO HEATERS ARE STILL LR AND ACTIVE + 1247 04/07/18 23.18 BUSINESS APPEARS TO BE OPEN ANDOPERATIONAL 1200 04107118 23:29A6 Closed dlspo : COP ACTIVITY 1200 04/07/10 29:29.46 COSSACK 6'1'[10018981 P 0410911 a 91:18:83 PC PATROL. CHECK 810 COP 14001 NEWPORT AV IIIA 1239 04/09/16 01:18:63 INCIDENT NUMBERA U0016381 1247 04MWIO 0120:10 BUSINESS APPEARS TO BE OPEN, APPROXIO-15 PATRONS INSIDE AND ON PATIO 1247 04/00/16 01:=45 PATIO HEATERS ARE ACTIVATED 1239 041081113 01:2X:60 Closed depo : COP ACTIVITY 1239 04/08/16 401:22:50 COSSACK OT00017418 P 04M8/18 08:41:08 TS TRAFFIC 470P 811 DC 14001 NEWPORT AV 3A 1220 04/151113 08:4106 INCIDENT NUMBER/10017418 1X20 04116110 08:4108 QL,811 ,BYKV600.CA 1044 04/15/16 08:43:49 QN,611 1220 04M6116 08:66:54 Cbeed dl®po : DRIVER CITED 1220 04116116 08:56:64 ALFONSO STUM7895 P 04117HO 00.28:88 PC PATROL CHECK 810 COP 14001 NMWPORT AVSA 1257 04/17116 00:26:58 INCIDENT NUMBER:BT00017605 1247 0467/16 00260 'OPEN' SIGN ILLUMINATED AFTER CLOSINGTIME 1247 DUI768 00:2700 MULTIPLE PATRONS ON PATIO AND INSIDE OFESTABLI3HMENT, BUSIWM SEEMS OTHERWISEOPEd. AND FULLY OPERATIONAL.. 1257 007/16 00:28:14 CWeed depo : COP ACTIVITY 1257 04117116 0028:14 CO3SACK NC�T i0 BE QLIPLICATEb, COP.lI~p or Pace 5 of 8 FURNISHFI) to anY other person or agency except as provided by law without the ex Press Per�n Tustin Pafice bAna,+., __. issian of the Tustin Police Department Calls For Seavlce Report Generated by 1120 or 5/29/20-.6 001IN 2101 0: CRy: TU 171me Range: 04/29/1S00--01 - 05/29/16 23:59 1 Agency: FP i Address: 14001 NEWPORT AV *A pMp0 fvanion S10004Motl P some UdSm PC PATROL CHECK v 370 am UM NEWPORT Av#A 1200 "tills MIII&x14 INCIDENTAIUMBEItgroo16495 1247 0421118 232&" "OPEN' SIGN ILLUMINATED 1247 Owns n:siw 20.26 Cuumtem ON PATIO ANO INBIDEFBTA9US mrj4T 1247 04R IMB 2307"118 CUSTOMERS INSIDE LOUNGE SMOKING 1200 04141/18 23:98:17 Closed dlspo : COP ACTIVITY '1.= 041'1'1118 23:96:17 OOSSACK " 5T110818715 P 04123118 01:10:13 PC r PATROLCHECK 310 COP 14001 NEWPORTAVBA 1207 04MMS 01:18:13 BNgDM1TNUMBI:R:BTIJ001871s 1247 04x1',4118 0110:18 APP TRY 00 PATRONS WIDE AND ONOUTOOOR PATIO 194T o41 me 0111:00 OWsOMMORIGOMWWANDOUrWMiFATMANACMAIWCOJ PATIO 12471 _ ON11e 0111:18 APPEARS OTl MISE OPEN FORBUBDEMB 1267 04x13118 0112;61 Closed d Wo : COP ACTMTY 1257 0461,9116 01«22:61 COSSACK ~5TU0010900 P "94x2 $ DIAM.14 PC PATROL CHECK 310 COP 14001 NEWPORTAV 8A 1267 04124118 01:30:14 INCIDENT NUMBER.ATU0018900 1247 04114118 01:31:214 "OPEN" SIGN ILLUMINATED AFTER HOURS 1247 WMA8 01:31:60 APPROMMATELY 160 PATRONS NBMSM019NG 1287 04124118 0122:615 Closed dt4 : COP ACTIVITY 1267 WJ4M6 DIMM COSSACK 611IM 0340 P 081103118 14:88:30 INFO MIPORMAITON ONL 826 03 14001 NEWPORT AV 8A 1149 06103116 14:38:41 CASE NUMBER. CIi 18-00002987 (TU) 1149 06/03118 14:38:90 INCIDENT NUMSEMSTU0020340 1142 06103118 14:38:68 Closed dispo : ORIG REPORT TAKEN 1149 06109118 '14-38:68 WARD CUP VIOLATION gruo 20w P g01M118 011L -Is WC SUBIp MC MEN 412 05 14001 NEWPORT AV 811 1201 06104118 0&1128 CASE NUMBER= U-1840 UMS (Tin 1200 ONWIS 01'.92:16 INCIDENT NWBERM00020422 1200 06/04/18 01:32:15 81L INFiN OCCUPIED IFO THE BUISNESS.... RP 18 CONCERNED BECAUSE HE ALWAYS SEES THE VEH 87 1200 06/04/16 01:32«90 RP IS NOT 97, COULD SEE VEH FROM CAMERAS 1201 06/04118 0208:66 QL,410 ,QPV915 ,CA 1200 06104116 023147 QN,411 1301 06104110 031108 CkwW dlspo : ADVISED 1201 0~6 03-1108 JANKOWSKI PAWC'D REF SLEEPING I N VEH OFFICIAL COPY Page 6 jot 6 FURNISHED to any other person or agency except as provided by law without the express permission of th Tustin Police Department, and is tc be Attachment D Community Development Department SENT BY CERTIFIED AND FIRST CLASS MAIL July 13, 2016 Vahid Adamkhoshbakht Ivy Lounge and Grill 14001 Newport Avenue, Unit A Tustin, CA 92780 TUSTIN BUILDING OUR FUTURE HONORING OUR PAST SUBJECT: PLANNING COMMISSION ACTION AND CONDITIONS OF APPROVAL Dear Mr. Adamkhoshbakht: At the public hearing held on July 12, 2016, the Tustin Planning Commission adopted Resolution No. 4313. The resolution recommends that the City Council set at its first available or practical meeting, a public hearing to revoke Conditional Use Permit (CUP) 2015-05 for on-site beer and wine sales (Type 41 ABC License) and Design Review 2015-005 allowing outdoor seating associated with the Ivy Lounge restaurant located at 14001 Newport Avenue, Unit A. A copy of Resolution No. 4313 is enclosed. The approval of CUP 2015-05 authorized a Type 41 ABC License in conjunction with a bona fide public eating place. 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 (Condition No. 2.17 of Resolution No. 4281). Please provide the audited financial statement to the Community Development Department by no later than July 27, 2016. If the audited financial statement demonstrates that the sale of alcohol exceeds the sale of food, the sale of alcoholic beverages shall cease immediately. In addition, in accordance with Conditions 1.5 and 1.8 of Resolution No. 4281, you are required to 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. You must also pay any outstanding administrative citations, and agree to reimburse the City for any future enforcement costs incurred while you own the business. As of June 28, 2016, these costs totaled $7,920.78. The due date for payment of the invoice was July 5, 2016. Although your attorney represented at the July 12, 2016, public hearing, that you could provide payment at the public hearing, no payment was made. Please be advised that an additional invoice will be forthcoming for additional administrative and enforcement costs. Should you fail to pay the first amount due to the City of Tustin by no later than July 20, 2016, the City will provide the prior invoice and future invoices to the property owner and hold the property owner responsible for payment of these administrative costs. If the costs are not paid by the property owner, a lien will be placed on the property. 300 Centennial Way, Tustin, CA 92780 0 P:(714)573-3100 0 F:(714)573-3113 0 www.tustinca.org Vahid Adamkhoshbakht July 13, 2016 Should you have any further questions about the Planning Commission's action, the required audited financial statement, or the City's costs, please do not hesitate to contact me at (714) 573-3031. Sincerely, A3 � Elizabeth A. Binsack Community Development Director Enclosures: Planning Commission Resolution No. 4313 June 28, 2016, Invoice cc: Louie Properties, 5936 Temple City Blvd., Temple City, CA 91780 Roxana Anghelache, California Department of Alcohol Beverage Control Tustin Police Department SAMACM Staff (Current)OanaVvy Lounge PC revocation letter revised.doc 2 CITY STAFF TIME 14001 NEWPORT AVENUE # A CASE # V2015-0192 Code Enforcement Time August 7, 2015 PD notifies Brad Steen of issues/Review of CUP Conditions of Approval 2.5 Hrs. August 11, 2015 1 Inspectionl1 Fallow -Up Visit/Notice Issued/Note Entry 2.5 Hrs. August 12, 2015 Re-Inspectlon and Note Entry 1 Hr. September 30, 2015 PD notifies Brad Steen of observation on 9-5-15/Note Entry '/: Hr. October 3, 2015 PD notifies Brad Steen of observations on 10-2-15 & 10-3-15/Note Entry 1 Hr. October 5, 2015 Staff discussion between Elizabeth Binsack, Dana Ogden, Justine 'i4 Hr. Willkom and Brad Steen October 6, 2015 Letter and $200 Cite sent to business ownedNote Entry 1.5 Hrs. October 13, 2015 Certified mail receipt for letter & Cite received in mail/Note Entry % Hr. November 10, 2015 Conversation with business owner & property manager/Note Entry % Hr. December 7, 2015 Brad Steen forwarded informational report from PD (CRI 5-7061) 1 Hr. January 7, 2016 Note Entry ref. City Attorney letter to business owner % Hr. January 18, 2016 Note Entry ref. conversation between City Attorney and business owner Y2 Hr. April 26, 2016 Brad Steen forwarded an informational report from PD (CR16-1001) 1 Hr. May 9, 2016 Brad Steen forwarded informational report from PD (CRI 6-2987) 1 Hr. May 9. 2016 Revocation Hearing letter sent by Dana Ogden to business owner Ma Hr. May 10, 2016 Revocation hearing letter sent to ABC and property owner % Hr. June 11, 2016 Cost breakdown ref. time spent 2 lira. June 28, 2016 Additional cost breakdown from meeting on 6/14/16 1 Hr. TOTAL HRS. =18.5 x $54.41 Per Hr. = $1,006.58 City staff Time 14001 Newport Ave. # A Case # N2016-0192 Page # 2 Tustin Police Department time November 28, 2015 Undercover operation/Report Writing/Report Approval (CR15-7061) 5 Hrs. Each 1 Police Sergeant and 1 Police Officer April 29, 2016 Undercover operation/Report Writing/Report Approval (CR16-2987) 5 Hrs. Each 1 Police Sergeant and 2 Police Officers Various Dates Loud Music/Patrol Checks 206 Min. Total = 3 Hrs, 26 min. Documented via CR15-7071, CR16-1001 and CR16-2987 2 Undercover Operations Title Cost per Hr. Total Hm. Total Police Sergeant $92.57 X10 = $925.70 Police Officer $69.88 x 15 — $1,048.20 Loud Music/Patrol Checks Police Officer x $69.88 Per Hr. x 3 Hrs, 26 Min. = $239.92 TOTAL = $2,213.82 Other City Time • Elizabeth Binsack, Community Development Director (3 Hrs) x $126.49 Per Hr. = $379.47 • Justina Willkom, Assistant Director — Planning (5 Hrs) x $105.42 Per Hr. = $527.10 • Dana Ogdon, Assistant Director — Building (12 Hrs) x $105.42 Per Hr. = $1,265.04 • Adrianne DiLeva-Johnson, Senior Mgmt. Assist. on 6/14/16 (30 Min.) x $57.48 Per Hr. = $28.74 • Vera Tiscareno, Executive Assistant on 6/14116 (30 Min.) x $50.36 Per Hr. = $25.18 • Planning Commissioner on 6114116, at $150 per Commissioner per meeting (22 min. at 77 min. meeting) = $42.85 x 5 Commissioners = $214.25 TOTAL = $2,439.78 City Attomey Time January 2016 — 6.3 Hrs June 2016 — 4 Hrs. 10.3 Hrs. x $212 Per Hr. = $2,183.60 June 14, 2016 Planning Commission Meeting -- 22 Min. x $212 Per Hr. = $77.00 FINAL TOTAL = $7,920.78 Exhibit A This Exhibit is the same set of documents as provided in the September 20, 2016 City Council Report, and is not being reproduced at this time to reduce the size of the staff report. �,MOL Attachment E RESOLUTION NO. 16-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN REVOKING 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 City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That on April 28, 2015, the Tustin Planning Commission adopted Resolution No. 4281, approving Conditional Use Permit (CUP) 2015-05 (on-site sale of beer and wine) and Design Review (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. 2.4 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 Resolution No. 16-46 Page 2 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. 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. C. That 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. Resolution No. 1646 Page 3 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 (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 numerous 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. 1.8, 2.4, 2.7, 2.13 and 2.17. 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). • 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. Resolution No. 16-46 Page 4 • 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. • 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, pursuant to Tustin City Code Section 9293d, staff had scheduled the revocation of CUP 2015-05 and DR 2015-005 for consideration by the Planning Commission. G. That on June 14, 2016 - a public hearing to consider a recommendation to revoke CUP 2015-05 and DR 2015-005 was held before the Planning Commission. At that time, the business owner's legal representative indicated that the business owner was in the process of marketing the restaurant for sale, and requested the matter be continued to allow the sale to occur. The matter was continued to the Planning Commission meeting of July 12, 2016 with the following stipulations: 1. 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 Resolution No. 16-46 Page 5 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 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. H. That on July 12, 2016, the continued revocation hearing occurred before the Planning Commission. The following update was provided for the period extending from the prior Planning Commission hearing: 1. When the Police Department conducted inspections, it was reported the restaurant was in compliance with the conditioned business hours. 2. No new purchaser has been presented to the City nor was an acknowledgement of the enforcement actions or the acceptance of the conditions of approval 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. 3. The owner had 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. That at the conclusion of the Planning Commission public hearings and consideration of the evidence as described in the staff reports dated June 14, 2016 and July 12, 2016, the Planning Commission determined the following findings pursuant to Tustin City Code (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. Resolution No. 16-46 Page 6 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 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 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 PD documented ten (10) additional Resolution No. 16-46 Page 7 violations of the approved conditions of approval that began only seventeen (17) days after the City Attorney's conversation with the business owner. 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, The Planning Commission also found that the business owner's actions and/or inactions were not consistent with the stipulations agreed to at the June 14th meeting and adopted 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. The Planning Commission also requested that the restaurant owner comply with Condition 2.17 of Resolution No. 4281 by providing an audited financial statement for review and approval by the Community Resolution No. 16-46 Page 8 Development Director that gross annual sale of food exceeds the gross annual alcohol sales. J. That On July 13, 2016, staff forwarded correspondence to the restaurant owner that transmitted to him an executed copy of Planning Commission Resolution No. 4313 and also formally requested reimbursement of staff costs totaling $7,920.78. Payment was due by July 20, 2016. The restaurant owner and property owner were notified that failure to pay these costs would result in a lien being placed upon the property. K. That the July 13, 2016 correspondence also formally requested that the restaurant owner comply with Resolution No. 4281, Condition 2.17, by providing an audited financial statement to the Community Development Department by no later than July 27, 2016, demonstrating that the sale of alcohol exceeds the sale of food. If not confirmed, all alcohol sales were to "cease immediately." The requested financial statement has not been provided. L. That on September 8, 2016 — a notice of the public hearing was published in a newspaper of general circulation indicating that the City Council 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. M. On September 9, 2016, the restaurant owner paid $7,920.78 to reimburse the City for its administrative abatement and enforcement costs. N. That on September 20, 2016, the Tustin City Council conducted a public hearing to consider the Planning Commission's findings and recommendation to revoke CUP 2015-05 and DR 2015-005 and hereby finds that the Ivy Lounge has been operated contrary to and in a manner inconsistent with the conditions of approval of Planning Commission Resolution No. 4281 that approved 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., and that 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 (Resolution 16-46). Further, the City Council considered a recommendation to direct staff to recover all City administrative costs associated with the abatement and enforcement at the Ivy Lounge restaurant (Resolution No. 16-54). Resolution No. 16-46 Page 9 0. That this project is categorically Article 18 (Statutory Exemptions California Environmental Quality Environmental Quality Act. exempt pursuant to Section 15270(B) of for Projects that are Disapproved) of the Act (CEQA) Guidelines for the California II. The City Council hereby resolves to revoke 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. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting on the 20th day of September, 2016. JOHN NIELSEN MAYOR UNIMA ERICA N. RABE CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 16-46 ERICA N. RABE, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 16-46 was dulX passed and adopted at a regular meeting of the Tustin City Council, held on the 20` day of September, 2016, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. RABE, CITY CLERK Attachment F RESOLUTION NO. 16-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN FOR RECOVERY OF ADMINISTRATIVE COSTS FOR ABATEMENT AND ENFORCEMENT AT IVY LOUNGE RESTAURANT LOCATED AT 14001 NEWPORT AVENUE. UNIT A. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That on April 28, 2015, the Tustin Planning Commission adopted Resolution No. 4281, approving Conditional Use Permit (CUP) 2015-05 (on-site sale of beer and wine) and Design Review (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 conditions of approval determined necessary by the Planning Commission to ensure that the restaurant use does not operate in a manner that is detrimental to the community. C. 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. City staff, Tustin PD, and the City Attorney spent numerous hours investigating and enforcing the Tustin City Code and Resolution No. 4281. 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. D. That the business owner's continuous disregard of Resolution No. 4281's conditions of approval subjects the public to continuing detrimental impacts; 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. E. That on September 20, 2016, the Tustin City Council conducted a public hearing to consider revocation of CUP 2015-05 and DR 2015-005 (Resolution 16-46), and a recommendation to direct staff to recover all City administrative costs associated with the abatement and enforcement at the Ivy Lounge restaurant (Resolution No. 16-54) pursuant to Tustin City Code Section 5508. F. That this project is categorically exempt pursuant to Section 15270(6) of Article 18 (Statutory Exemptions for Projects that are Disapproved) of the California Environmental Quality Act (CEQA) Guidelines for the California Environmental Quality Act. Resolution No. 16-54 Page 2 II. The City Council hereby resolves to direct staff to recover all City administrative costs for abatement and enforcement at the Ivy Lounge restaurant, including the recording of a special lien on the property, as needed. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting on the 20th day of September, 2016. JOHN NIELSEN MAYOR ATTEST: ERICA N. RABE CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 16-54 ERICA N. RABE, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 16-54 was dulhy passed and adopted at a regular meeting of the Tustin City Council, held on the 20` day of September, 2016, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. RABE, CITY CLERK