HomeMy WebLinkAboutCUP 92-020 / CUP 96-042 / ZA 97-002 Citations / Appeal / Hearing Officer DecisionCommunity Development Department
March 10, 2014
Dean Conzaman
Quinn's Old Town Grill
405 EI Camino Real
Tustin, CA 92651
SUBJECT: APPEAL HEARING FOR ADMINISTRATIVE CITATION NO. CE000334
Dear Mr. Conzaman:
TUSTIN
BUILDING OUR FUTURE
HONORING OUR PAST
The City of Tustin has received your Request for Hearing to consider Administrative Citation No.
CE000334. A hearing has been scheduled for April 3, 2014, at 2:00 p.m. and will be conducted at the
Tustin Library located at 345 E. Main Street in Tustin. The hearing will be held in the large conference
room located along the east interior corridor. If multiple hearings are being held, you may be requested
to wait for your hearing.
The administrative citation hearing will be held to consider evidence that is relevant to whether the
violation(s) occurred, whether the Responsible Person has caused or maintained the violations(s) of the
Tustin City Code on the dates) specified in the administrative citation, and/or regarding the amount of
the fine imposed. The Responsible Person contesting the administrative citation will be provided the
opportunity to testify and present witnesses and evidence concerning the administrative citation. Any
evidence or other documentation submitted by, or on behalf of, the Responsible Person must be
submitted to the City of Tustin, to my attention, no later than eleven (11) days prior to the date of the
hearing. A written report concerning the administrative citation for consideration at the hearing will be
provided by mail to the person requesting the hearing ten (10) days prior to the date of the hearing.
The failure of any recipient of an administrative citation to appear at the administrative citation hearing
shall constitute a forfeiture of the fine and a failure to exhaust his/her administrative remedies.
Should you have any questions regarding the appeal hearing, please contact me at (714) 573-3126 or
aston ich@tustinca.ora.
Sincerely,
Amy Stonich, AICP
Senior Planner
300 Centennial Way, Tustin, CA 92780 0 P: (714) 573-3100 • F: (7 14) 573-3113 • www.tustinca.org
cc: William Applebee, 405 EI Camino Real, Tustin, CA 92780
Phil Cox, P.O. Box 6069, Brookings, OR 97415
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AttSchment 1
ORDER OF THE HEARING OFFICER
OF THE CITY OF TUSTIN
WHEREAS, pursuant to the Tustin City Code, Chapter 1, Part 2, Administrative
Citation No. CE000334 was issued at 405 EI Camino Real, Tustin, California on
February 21, 2014, to William Applebee and his representative, Dean Conzaman on
behalf of Applebee requested an appeal of the Administrative Citation to the Hearing
Officer of the City of Tustin, and;
WHEREAS, pursuant to Tustin City Code, the Community Development
Department has served a Notice of Hearing before the Hearing Officer of the City of
Tustin, relating to said Administrative Citation, a copy of which is on file in these
proceedings, and;
WHEREAS, a hearing was held to receive and consider all testimony and
relevant evidence, objections or protests on April 3, 2014, and;
WHEREAS, Mr. Applebee's representative Mr. Cozaman, appeared and spoke a
the hearing admitting the violation alleged in the Citation and stating that going forward
the business would operate lawfully;
ORDER OF THE HEARING OFFICER
OF THE CITY OF TUSTIN
NOW THEREFORE, IT IS ORDERED BY THE HEARING OFFICER OF THE CITY OF
TUSTIN AS FOLLOWS:
SECTION 1. Based upon the evidence submitted, it was found and determined
that the Administrative Citation issued to William Applebee on February 21, 2014, by the
Code Enforcement Division was issued to the responsible person for violations of the
Tustin City Code.
SECTION 2. The Hearing Officer finds and determines that the administrative
citation should be upheld in that Mr. Applebee created, caused, or maintained the
property located at 405 EI Camino Real, Tustin, California, in violation of Tustin City
Code Section 3231 on January 23, 2014, and that a fine assessed in the amount of
$100.00 shall be retained by the City. The responsible person shall correct or otherwise
remedy any and all violations listed herein immediately.
SECTION 3. Upon the failure of the recipient of the Administrative Citation to
comply with the order of the Hearing Officer within the time specified, the City may
initiate additional administrative and/or criminal action and/or commence recordation of
a lien on said property. The Community Development Department shall present for
recording an appropriate notice of the imposition of the lien with the County Recorder.
SECTION 4. Administrative adjudication procedures not exclusive.
Notwithstanding any other provisions of this order, the authority of the Administrative
Hearing Officer to conduct administrative hearings in accordance with the Tustin City
Code shall not preclude the City from seeking any remedies for Code or ordinance
violations through the use of any other administrative procedure or court proceedings.
Page 2 of 3
SECTION 5. Any person aggrieved by this order may obtain review of the
administrative decision by filing a petition for review with the Orange County Superior
Court in accordance with the timelines and provisions as set forth in California
Government Code Section 53069.4.
The foregoing order is hereby approved this 9m day of April, 2014.
U1711 ww
��
C. Thomas Drosman, Hearing Officer
Page 3 of 3
1�Y Mt,OAPPEAL HEARING71 A14GENDA REPORT
MEETING DATE: APRIL 3, 2014
Agenda Item 1
TO: C.THOMAS DROSMAN, HEARING OFFICER
FROM: AMY STONICH, AICP, SENIOR PLANNER
SUBJECT: APPEAL OF ADMINISTRATIVE CITATION NO. CE0000334
SUMMARY:
The following timeline outlines the code enforcement case (V2013-0219). A detailed
Investigative Report is attached. for reference.
On August 30, 2013, City staff received a complaint from Phil Cox, owner of 405 EI
Camino Real, that the tenant, Quinn's Old Town Grill (Quinn's), was having live
entertainment consisting of three or more performers at the restaurant without the
benefit of the required Conditional Use Permit (CUP) and Live Entertainment Permit
necessary to perform such entertainment. Code Enforcement sent a notice to the
business owner, William Applebee, indicating that permits were required and directing
him to cease unpermitted live entertainment.
The subject property is zoned C2 within the Cultural Resource Overlay District. Tustin
City Code Section 3231 requires a CUP and a Live Entertainment Permit for
entertainment consisting of three or more performers. Live entertainment permits are
not transferrable.
The property owner contacted City staff on multiple occasions expressing concern
about his tenant conducting live entertainment with a three-piece band at Quinn's.
Specifically, Mr. Cox placed phone calls to Senior Planner Amy Stonich on September
6, 2013, October 17, 2013, January 31, 2014, and February 3, 2014. Mr. Cox indicated
that he was not inclined to sign the required Entertainment Permit application for his
tenant and requested that the City enforce the Tustin City Code requirements through
code enforcement action.
On October 30, 2013, Community Development Director, Elizabeth Binsack, sent Mr.
Cox an email clarifying that there was not an active Live Entertainment Permit and that
the CUP for the prior business owner had never been signed in the agreement to
conditions imposed. A new Live Entertainment Permit would be required for William
Applebee, the new business owner and an amendment to the CUP.
Appeal Hearing — April 3, 2014
Page 2
On November 26, 2014, Ms, Binsack and Senior Planner Edmelynne Hutter met with
Mr. Cox to discuss his concerns regarding the Live Entertainment at Quinn's. He
wanted to be on record as not authorizing the use and wanted the City to actively
ensure that the entertainment cease. Staff provided him with the requirements as set
forth in the Tustin City Code.
On January 24, 2014, Mr. Applebee visited City Hall and met with Code Enforcement
Officer, George Wiesinger. Mr. Applebee was informed of the requirements related to
the Live Entertainment. Mr. Applebee indicated that he had scheduled the band to play
and requested an extension. However, he was informed that there was no "extension"
that could be provided as there was no permit and that he must comply with City Code
requirements.
Two additional incidents (on January 12 and February 9, 2014) were recorded on video
by Mr. Cox's private investigator showing. that a three-piece band, "Crimson Crowbar',
was playing at Quinn's in violation of Tustin City Code. Additional evidence was
gathered by Code Enforcement from the restaurant's website showing that the "Crimson
Crowbar" was performing on multiple dates at the restaurant. A second Notice of
Violation was sent by Code Enforcement on January 23, 2014, and an Administrative
Citation was issued on February 21, 2014 for violation of the Tustin City Code.
On February 28, 2014, a request for appeal was received by the City's citation
processor from Dean Conzaman who is an operations partner of Quinn's. In the appeal,
Mr. Conzaman indicated that Quinn's has been in operation for seven years and has
had the three-piece band on Sundays between 2:30pm — 5:30pm for five years with no
citations from the City. He further indicated that if the City wishes them to be in
compliance after all of this time, they would like to be allowed 90 days to get a permit.
RECOMMENDATION:
City staff is recommending that the Hearing Officer uphold Administrative Citation No.
CE000334.
Several attempts have been made by City staff from both the Planning and Code
Enforcement Divisions to inform the business owner of the required actions necessary
to obtain the appropriate entertainment permits. The property owner provided evidence
that the business owner was operating in violation of the Tustin City Code on multiple
occasions. An administrative citation was issued only after several unsuccessful
attempts were made by City staff to gain compliance.
Amy Stonich, AICP
Senior Planner
Attached: Investigative Report
S:ICddWmylmasteMppe iFi.aringAgendaRepor Form.dw
CITY OF TUSTIN
CODE ENFORCEMENT OFFICER'S
INVESTIGATIVE REPORT
DATE: March 11, 2014
SUBJECT PROPERTY ADDRESS: 405 EI Camino Real
CASE NO.:
V2013-0219
SUBJECT: Appeal of Administrative Citation No. CE000334
issued for providing live entertainment without the
required Conditional Use Permit or Live Entertainment
Permit
RECORD OF ACTION
08/30/2013 Received a complaint from Phil Cox, property owner of 405 EI Camino Real, that
his tenant, Quinn's Old Town Grill, was a having live entertainment of 3 or more
performers at the establishment without the benefit of either a Conditional Use
Permit (CUP) or Live Entertainment Permit, A Notice of Violation/Pre-Citation
(NOV) was sent to both the business owner and property owner (Exhibit 1).
10/22/2013 Subsequent to this notice being issued, the Tustin Police Department made an
undercover inspection of Quinn's Old Town Grill and found no violations of the
live entertainment permit requirements.
10/30/2013 Elizabeth Binsack e-mailed Phil Cox, property owner regarding several issues
related to his concern about live entertainment activities at Quinn's Old Town
Grill (Exhibit 2)
11/26/2014 Elizabeth Binsack and Edmelynne Hutter, Senior Planner, had an in -office
meeting with Phil Cox regarding the activities at Quinn's.
01/17/2014 Phil Cox provided the City of Tustin video evidence through the use of a private
investigator that on January 12, 2014, a 3 piece band, "Crimson Crowbar", was
performing in the restaurant at approximately 4:09 p.m, without benefit of the
required permits (Attachment 1).
01/23/2014 A second Notice of Violation was sent to both the business owner and property
owner (Exhibit 3).
01/24/2014 George Wiesinger, Code Enforcement Officer, met with Mr. Applebee regarding
the January 23, 2014, Notice of Violation. E-mail to Amy Stonich, Senior Planner,
explaining the content of the conversation (Exhibit 4)
02/13/2014 Senior Planner, Amy Stonich received an email from Phil Cox with attached
visual media obtained by a private investigator which was forwarded to, George
Wiesinger on February 14, 2014. The video showed that, on February 9, 2014, a
405 EI Camino real
Quinn's Old Town Grill Appeal of Administrative Citation
March 11; 2014
Page 2
3 piece band called "Crimson Crowbar" was performing at Quinn's Old Town
Grill. Also, information was obtained from Quinn's Old Town Grill website and
Facebook page showed that 3 member of Crimson Crowbar did perform on
February 9, 2014 (Attachment 2) (Exhibit 5).
02/21/2014 Based on the evidence provided by Mr. Cox, two Administrative Citations
(Citation No. CE000333 and CE000334) were issuedto property owner Phil Cox,
on which Quinn's Old Town Grill is located and business owner, William
Applebee of Quinn's Old Town Grill (Exhibit 6).
2/28/2014 Dean Conzaman, Operation partner of Quinn's Old Town Grill, filed an appeal of
Administrative Citation CE000334 (Attachment 7).
Amy Stonich was contacted by Phil Cox on September 6, 2013, October 17, 2013, January 31,
2014 and February 3, 2014 regarding this issue.
Exhibits:
1. Notice of Violation/Pre-Citation issued August 30, 2013
2. E-mail to Phil Cox from Elizabeth Binsack
3. Notice of Violation/Pre-Citation issued January 23, 2014
4. E-mail from George Wiesinger to Amy Stonich regarding counter meeting with Mr.
Applebee
5. Evidence provided by Mr. Cox regarding February 9, 2014 violation
6. Notice and Citations No. CE000333 and CE000334
7. Appeal of Citation 000334
Attachment:
1. Video evidence of 3 -piece band (compact disc format)
2. Video evidence of 3 -piece band (compact disc format)
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('h "itr CITATION NO. r3CE UBDI.JPDUWD \f 1.J LJ..J
Date of citation issuance''ns Day of week Time (AM
PM
Location of viol, tion: 4t� ,rte..
Name (First, Middle, Last):
X 11 K C4�x
OL or IDN DOB Height/Weight
Marling address: Street City State Zip
Cg� '11416 -
Business Owner d Property Owner O Tenant •A Other
TUSTIN CITY CODE (TCC) VIOLATION:
"rCC Section Description
i3 TCC 5502(b) Any condition which exists upon any premises that is
dangerous to human life or is detrimental to health.
j TCC 55o2(m)(1) Non -maintenance of landscape, dead or overgrown
vegetation prohibited.
!j TCC 5502)a) Abandoned/inoperable vehicles or discarded property
prohibited.
C7 rCC 4901811cit 7connections and prohibited discharges. ,7
8 J1 1r -WB GI+
j
COMPLIANCE ORDEfl
The responsible person(s�) �shalll correct or otherwise remedy any/all violations
listed herein by. i nt Le}T�7and pay an administrative fine
within thirty (30) days of the date of citation Issuance (noted above) as
prescribed In the administrative fine schedule below. Fines must be paid in
full by the compliance date to avoid additional penalties.
ADMINISTRATIVE FINE SCHEDULE
fCC CODE VIOLATION (Not Building and Safety Code)
,j 'L'a violation $.100FINE X_
J 2A vialabon* $200 FINE X—_-
-1
___j 3 or more vialaterI SSOO FINE X,
(Building and Safety Code (TCC See, 8100-8999)
A 1" violation $100 FINE X, I - �e
U 2A vlola ion* $500 FINE X—=-
3
_3 of more violations* $1,000 Flyy
TOTAL CITATION FINE AMOUNT DUE: $
* Additional violation of the same ordinance or permit within one year
( Signature of Recipient: Date
./�fypeofserviceSignatu of Enforcement 0 cer
%h�nyw v Ii ICutA f _ Tz)k L ❑ Personal
Name hrorcementd cer 431pe fJo:&Dept• 's Mail ❑Post
Contact phone: (714)573,.= �Jr
SEE REVERSE SIDE FOR PAYMENT AND OTHER INFORMATION
V/HIrE:nle YELLOW;Recipient
C,�.nt.ity of 'rustin
r AlDNii)ISTRATiVE CITATION
i
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ITATinm Nfa. #fr ,. 1 RDIAPD:J'ND OQ 103
Date of citation issuance Day of week Time (
Locatlon of vi lation:
q6!5,@
Name (First, Middle, Last):
0tl(l?AYyl R 1 b�C=.
DL or ID# DOB Height/Weight
Mulling address: Street City State Zip
J Business Owner OPnaperty Owner OTenant ?]Other_
TUSTIN CITY CODE (TCC) VIOLATION:
TCC Section Description
O TCC 5502(b) Any condition which exists upon any premises that is
dangerous to human life or is detrimental to health.
'1TCC 5502(m)(1) Nom maintenance of landscape, dead or overgrown
vegetation prohibited.
J TCC 5502(a) Abandoned/Inoperable vehicles or discarded property
prohibited.
-1 TCC 4901 Illlclt connections and prohibited discharges.
j'C_L^_ we- Ji:)4 t�,stv,:1dL
J
COMPLIANCE ORDER
The responsible persan(s) s all rorrQctlor Otherwise remedy any/all violations
listed herein by _ •» EC)"GtY and pay an administrative fine
within thirty (30) days of the date of citation Issuance )noted above) as
prescribed In the administrative fine schedule below. Fines must be paid in
full by the compliance date to avoid additional penalties,
ADMINISTRATIVE FINE SCHEDULE
TCC CODE VIOLATION (Not Building and Safety Code)
U 1" violation $100 FINE X _
U 21°violation* $200FINE H_=_
3 or more violations* $500FINE X_
(Building and Safety Code (TCC Sec. 8100-8999) l�Y1 ea
i 1" violation $1005INE X
--1 214vola don* $SOOFINE X_'__
,j 3 or more violations* $1000 FIN�L _
TOTAL CITATION FINE AMOUNT DUE: Sf ir,`-1'
Additional violubon of the some ordinance or permit within one year
Signature of Recipient: f Date
Signatun f Enforialment Officer/ Type of Service
C --,b rM-Z &eO 0 Personal
Name of FArcement Otficr Facie No. & Dept. I A MMall "] Post
Contactphane: (714)573
SEE REVERSE SIDE FOR PAYMENT AND OTHER INFORMATION
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