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HomeMy WebLinkAboutCUP 92-020 / CUP 96-042 / ZA 97-002 Appeal Agenda 11-08-01 DELETEM� 1WAPPEAL HEARING Agenda Item AGENDA REPORT MEETING DATE: APRIL 3, 2014 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:ICddAmylmaslerrVAppealHeanngAgend,ft rtFa .dm 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 Huffer, 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 issued. to 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: I. Video evidence of 3 -piece band (compact disc format) 2. Video evidence of 3 -piece band (compact disc format) 6��N5ed/ge�NFNNn aM wUY MX YGa SW0 E CamYw ReelOWWI a Tw "NOS 0 Cemhw Re AR Wh."reNdd. %6iy� (:lty �t'Tf.fsd ADtMINIST:iE11 VEt t'A1'ION �} \rP_yrlTATIONNO. ACE 'J8DIJPDIJSVD 0QQ333 Date of citation issuance Day of week Time AM `�-. G:2 P loco bon of viol; DOW Name (First, Middle, Last): 011 )C: Col. OL or 100 DOB Height/Weight nohuhngaddress: Street City State Zip /sem Buslness Owner lProperty Owner ❑ Tenant ] Other TUSTIN CITY CODE (TCC) VIOLATION: TCCsection Description Q TCC 5502(b) Any condition which exists upon any premises that Is dangerous to human life or is detrimental to health. Q TCC 5502(m)(1) Plorvmamhmanceof landscape, dead or overgrown vegetation prohibited. J TCC 5502(a) Abandoned/inoperable vehicles or discarded property prohibited. ❑ TCC 4901 Illicit connections and prohibited discharg41 es. Lai wa c'uM htwr+� ��rr�Tl Jli iJ COMPLIANCE ORDER The responsible person(s) shall l correct or otherwise remedy any/all violations ; listed herein by AM Iyc3.eerjL_and pay an administrative fine within thirty (30) days of the dale of citation Issuance (noted above) as prescribed In the administrative line 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 Cade) J '1" violation $100 FINE X ,J 2"'violadon* $200 FINE X— J 3 or more violations' $500 FINE X,_ (Building and Safety Code (TCC Sec. 8100-8999) 'No It 1"violation $100 FINE X,� n -v 'J 2"'violation" :$500FINE X_=_ '.J 3 or more violathms* $1,000 FI - TOTAL CITATION FINE AMOUNT DUE: $ I (. * Addih'onnl vinluh'on of the some ordinance or permit within one year Signature of Reclpienr, Date XI Enforcement , signatu of O ceF type of Service O Personal Name nforcement 0 cer i„ Of No, dr Dept. 'A Mail O Post Contact phone: (714)573- sFE REVERSE SIDE FOR PAYMENT AND OTHER INFORMATION WHITEI File, YELLOW: Rt dpient �f p �"i2!2 l.iiy of Tustin ADi� `I ISTRATIVE CITATIONr�CITATION NM ACE u3 01JPD%JWO 000 4 CDate o,f, citation1 issuance Day of week Time A locanon of vl lotion: 6tLr� i1 t..ii1W ..Y7 t[k:ul Name (First, Middle, Last): QtlllAT" R 17ee DL or 10# OOB Height/Weight Melling address: Street City State LIP 406- 1: 1 C:Rm.go z.�C11 ` w4;' it C°A 'izr-0 J Business Owner rJPmperty Owner O Tenant J Other_ TUSTIN CITY CODE (TCC) VIOLATION: TCCSecdon DescriDtlon 'J TCC 5502)b) Any condition which exists upon any premises that is dangerous to human life or is detrimental to health. ❑TCC 5502(m)(t) Non -maintenance of landscape, dead or overgrown vegetation prohibred, - ❑ TCC 5502(a) Abandoned/Inoperable vehicles or discarded property prohibited, ❑ TCC 4901 Illicit connections and prohibited discharges. IJ "ui rJ COMPLIANCE ORDER The responsible person(s) shall correctorotherwise remedy any/all violations listed herein by_ m IeSt'�L' and pay an administrative fine within thirty (30) days of the date of citation Issuance (noted above) as prescribed in the administrative Ime 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) IJ 1" violation $lOOFINE H =_ 2"'vlolabon* $200 FINE X___ `J 3 or moreviolations' $500FINE X_ (Building and Safety Code(TCCSec, 8100-8999) �'Y1 to i 1" violation $100 FINE X l =. r+-�" J 2ndviolation* $500FINE X_ -_T 3 or more violations* $1 U00 PIP TOTAL CITATION FINE AMOUNT DUE: $�4>. ' Addleonal vloladnn of the surae ordinance or permit within one year Signature of Recipient: Date X St` .ewww Slgn tun f Enfor ment Officer/ � Type of Service �tbmt 1445-J z— G,j���} l] Personal Naammeoff E rcement OfflcW Badge No. & Uapt.- A Mail 'rJ Post Contact phone: (714)573-._.' SEE REVERSE SIDE FOR PAYMENT AND OTHER INFORMATION WHIM File. YELLOW: Redplent f f 6! EXHIBIT 1 Community Devtr,pment Department August 30, 2013 Quinn's Old Town Grill William K. Applebee, Owner 405 EI Camino Real Tustin, CA 92780 a TUSTfN BUILDING OUR FUTURE HONORING OUR PAST SUBJECT: 405 EI CAMINO REAL LIVE ENTERTAINMENT PERMIT REQUIRED; CASE V2013-0219 Mr. Moore: It has been brought to the City's attention that Quinn's Old Town Grill located at 405 EI Camino Real is currently having live entertainment performances on a regular basis. A Live Entertainment permit is required by Tustin City Code (TCC) to hold live performances. Specifically, TCC 3231 "Live entertainment permit required" states that no person shall establish, set up, maintain, conduct, or carry on any live entertainment for pay or for no charge, without first having obtained a live entertainment permit from the Director, Further, TCC 3232 states no person shall be eligible to receive a live entertainment permit until such person has obtained a valid Conditional Use Permit for live entertainment pursuant to Tustin City Code -Section 9270(b), For your convenience, I have attached a copy of these code sections along with a live entertainment permit and Conditional Use Permit application for your utilization. At this time, it is necessary that you immediately cease any further live performances unless a live entertainment permit and Conditional Use Permit are approved for such use, This notice 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 these requirements within the time specified may result in the issuance of an administrative citation pursuant to TCC 1162(a) (Reference Exhibit A attached hereto) 10U Centennial Ww, F(Min, Ca 92780 P: (7( :'71-+) 571 lu. Thank you in advance for your cooperation in this matter. If you have any questions about the Conditional Use Permit process, please contact Senior Planner Amy Stonich at 714-573-3126, Questions regarding the live entertainment application may be directed to the City's Business License Division at (714) 573-3144. Sintel��iC%�(J�-C.tic Georg iesinger Code Enforcement Officer cc: Amy Stonich, Senior Planner Phil K. Cox P.O. Box 6069, Brookings OR 97415-0254 Business License Division Attachments Exhibit A TCC 3231-3271 Live Entertainment Permit Application CUP Permit Application S;WMeEmlGxf"NONWWNk 4M EI CedJ RedQ,n,s CW Tw GrW Ove eMerlaLmpA,do. EXHIBIT A Administrative Citation Information In accordance with Tustin City Code (TCC) 1162(d), 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. Should an administrative citation be issued, the responsible person has thirty (30) days from the issuance date of the administrative citation to pay the corresponding citation fine(s). Should a citation not be paid by the responsible party in the time specified therein, a penalty shall be assessed upon any administrative citation as follows: 30 days from the date of issuance, a penalty assessment shall be assessed in addition to the original amount by fifty percent (50%); should the responsible party not pay the citation and penalty after another 30 days, said citation shall increase by an additional fifty percent (50%). The responsible person must take one of the following actions to avoid additional penalties prior to the compliance date specified in the administrative citation: 1. Correct the violation, pay the corresponding fine(s), and contact the City to request a re -inspection, or 2, Pay the corresponding fine(s) and request an extension of time in writing pursuant to TCC 1165(b), which shows a reasonable hardship; or 3. Request a hearing to appeal the administrative citation pursuant to TCC 1166 within ten (10) days from the date of the administrative citation, together with an advanced deposit of the corresponding fine(s). Request for Hearing forms and other information on administrative citations may be obtained on the City's website at www tustinca ora, Tustin, California, Code of Ordinances >> ARTICLE 3. BUSINESS REGULATIONS >> CHAPTER 2 - ENTERTAINMENT >> PART 3 LIVE ENTERTAINMENT >> PART 3 LIVE ENTERTAINMENT 3231 LIVE ENTERTAINMENT PERMIT REQUIRED 3232 REQUISITES FOR LIVE ENTERTAINMENT PERMIT 3233 INVESTIGATION 3234 APPLICATION REQUIREMENTS 3235 EXEMPTIONS 3236 REGULATION OF LIVE ENTERTAINMENT 3237 MODIFICATION OF PERMIT 3231 LIVE ENTERTAINMENT PERMIT REQUIRED No person shall establish, set up, maintain, conduct, or carry on any live entertainment for pay or for no charge, without first having obtained a live entertainment permit from the Director, Sexually oriented businesses, Including entertainers or performers, must obtain special permits pursuant to Tustin City Code Section 3900 at seq. (Ord, No. 1252, Sec, 11, 6.3-02) 3232 REQUISITES FOR LIVE ENTERTAINMENT PERMIT A person shall be disqualified from receiving a permit pursuant to this Part if he or she has been convicted of illegal drug usage, drug dealing or prostitution within the last five (5) years. No person shall be eligible to receive a live entertainment permit until such person has obtained a valid conditional use permit for live entertainment pursuant to Tustin City Code Section 9270(b), (Ord. No, 1252, Sec. 11, 6-3.02) 3233 INVESTIGATION Upon receiving an application for a live entertainment permit, the Director shall cause to be investigated: the applicant, the place where the entertainment is to be presented, the type of entertainment proposed, and if the place is suitable for the type of entertainment proposed. The Director shall approve or conditionally approve the permit for such entertainment if the following determinations are made based on the required investigation: (1) The entertainment proposed is not unlawful; (2) The place where the entertainment is to be presented is suitable for the type of entertainment proposed; and, (3) The applicant is eligible and not disqualified from receiving the live entertainment permit. (Ord. No. 1252, Sec. 11, 6-3-02) 3234 APPLICATION REQUIREMENTS In addition to all other m ,nation requested on the application for he applicant shall file all of the following with the Director; (1) The names of any co-owners, partners, silent partners, financial supporters, and/or investors; (2) A list of at least ten (10) entertainers with their names, addresses, phone numbers, business names, and the dates and locations or places where they worked for the applicant; and, (3) Any other names by which the applicant is known or done business as (dba). ford. No. 1252, Sec. A 6-3-02) 3235 EXEMPTIONS A live entertainment permit shall not be required for the following: (1) For single performers, duos, disc jockeys, or karaoke singers; (2) For the use of a radio, record, tape, compact disc player, juke box, or television receiver; (3) For the use of a piano, organ, or keyboard in any establishment; (4) For any entertainment provided for members and their guests at a private club where admission Is not open to the public; (5) For entertainment conducted in any theater holding a valid business license; (6) For entertainment conducted or sponsored by any religious organization or by any bona fide nonprofit club, society, or association, organized or incorporated for benevolent, charitable, dramatic, or literary purposes having an established membership and which holds regular meetings other than such entertainment at regular intervals, when the proceeds, if any, arising from such entertainment are used for the purposes of such club, society, or association; and, (7) For sexually oriented businesses, which are regulated by Tustin City Code Section 3910 et seq. (Ord. No. 1252, Sea U, 6.3-02) 3236 REGULATION OF LIVE ENTERTAINMENT Transferability The live entertainment permit shall be nontransferable to any other person even if the type of live entertainment proposed is identical to the live entertainment authorized by a previous live entertainment permit for the same location and even if the entertainment has been provided continuously. If the ownership of a business at which live entertainment has been conducted changes such that the person in receipt of a live entertainment permit is no longer an owner, co-owner, or partner of the business, the presentation of live entertainment shall cease until a live entertainment permit has been issued to an owner, co-owner, or partner. Visibility Stage or entertainment areas shall not be open to view from outside the premises. Employees No business operating with a valid Live Entertainment Permit shall have any employee who has been convicted of illegal drug usage, drug dealing or prostitution within the last five (5) years. (Ord. No. 1252, Sec. ll, 6.3-02) 3237 MODIFICATION OF PERMIT Whenever a permittee intends to present a different type of live entertainment than that authorized by a live entertainment permit, the permittee shall so advise the Director in writing and shall furnish such additional information as may be required. The Director may in his/her discretion authorize the permittee to present the requested type of entertainme Nithout requiring that application for a n permit be made. Any such authorization shall be in writing and shall specify the conditions of the modified permit, (Ord, No. 1262, Sec. Il, 6-3-02) Stonich, Amy From: Swiontek, Ryan Sent: Wednesday, February 12, 2014 12:25 PM To: Binsack, Elizabeth; Willkom, Justina Cc: DiLeva-Johnson, Adrianne; Stonich, Amy Subject: FW: Quinn's Restaurant - St. Partick's Day Event Attachments: CCF02122014_0000 jpg Phil's approval. From: Phil & Linda Cox [mailto: Phil i ndacox(o)charter. netl Sent: Wednesday, February 12, 2014 10:37 AM To: Swiontek, Ryan Cc: quinnsgrillansbcglobal.net Subject: RE: Quinn's Restaurant - St. Partick's Day Event To: Ryan Swiontek, Senior Planner, City of Tustin CC: Dean Conzaman Please find attached a signed second page of the Temporary Use Permit, dated 02-07-14. The tent can be set up on Saturday, March 15, 2014 after 6:00 PM and is to be removed by Tuesday, March 18, 2014 by 8:00 am. Sincerely, Philip K. Cox, Property Owner Linda A Cox, Property Owner PKC Imc DT3\C\CMP\TENANT\F\Swiontekl402l2.e-mail From: Swiontek, Ryan [mailto:RSwiontekCaltustinca.ora] Sent: Tuesday, February 11, 2014 12:18 PM To:yhilindacox@charter.net Cc: quinnsgrill Ccbsbcglobal.net Subject: Quinn's Restaurant - St. Partick's Day Event Hello Mr. Cox, The City has received a Temporary Use Permit application from Quinn's Restaurant located at 405 EI Camino Real to hold a St. Patrick's Day event on March 16 and 17, 2014 within the parking lot of your property. The City will need your approval of the event prior to processing and issuing the permit. I have attached the application for your reference. Please let me know via email or in writing if you approve of the event. Thank you, Ryan Ryan Swiontek Senior Planner City of Tustin Community Development Department Planning Division 300 Centennial Way Tustin, CA 92750 Tel. (714) 573 3123 Fax (714) 573 3113 Stonich, Amy From: Garaven, Paul Sent: Monday, February 03, 2014 10:31 AM To: Garcia, Luis Cc: Stonich, Amy Subject: Re: North end stuff Thanks Louie. Hope u feel better soon. Sent from my Whore On Feb 3, 2014, at 9:04 AM, "Garcia, Luis" <LGarciaC@tustinca.ore> wrote: PG, I checked it Thursday night and it was all quiet on both ends. Friday night Quinn's had a solo musician and it was quiet. Friday night The Garage was jam packed with patrons but no music and once the business closed all the patrons went home. No issues at all. I was IOD on Saturday so I didn't check it then. Luis Sent from my iPhone On Feb 3, 2014, at 8:33 AM, "Garaven, Paul" <PGaraven @tustinca.ore> wrote: Thanks Ryan Sent from my iPhone On Feb 2, 2014, at 6:00 PM, "Coe, Ryan" <RCoe@tustinca.org> wrote: Superbowl Sunday has been quite at both locations thus far From: Bullock, Todd Sent: Friday, January 31, 2014 2:05 PM To: Coe, Ryan; Nichols, Stephanie; Garcia, Luis Cc: Garaven, Paul Subject: North end stuff I have received a request from PG via Amy Stonich next door. Please PC the following locations and email me back with what you find: I There have been recurring complaints regarding Quinn's bar having live entertainment over the weekend. They are allowed to have no more than a two person band (live entertainment). Please PC and let me know if you see more than two people performing. Second complaint involves what used to be the Tustin Garage on ECR; aka the BBQ place. Amy is also receiving complaints through code enforcement about loud music at night. I don't think any of these complaints have come directly to the PD. Please PC this place at night and if the music is overwhelmingly loud, please talk with the management about it. Let me know about both locations so I can get back to PG next week. Thanks z Stonich, Amy From: Garaven, Paul Sent: Monday, February 03, 2014 8:34 AM To: Nichols, Stephanie Cc: Bullock, Todd; Stonich, Amy Subject: Re: North end stuff Thanks Steph Sent from my Whone On Feb 3, 2014, at 2:28 AM, "Nichols, Stephanie" <SNichols@tustinca.ora> wrote: Todd I PC'd Quinn's last night (Sunday) and it was all quiet at 2230 hours. The BBQ place was also closed and quiet. Steph From: Bullock, Todd Sent: Friday, January 31, 2014 2:05 PM To: Coe, Ryan; Nichols, Stephanie; Garcia, Luis Cc: Garaven, Paul Subject: North end stuff I have received a request from PG via Amy Stonich next door. Please PC the following locations and email me back with what you find: There have been recurring complaints regarding Quinn's bar having live entertainment over the weekend. They are allowed to have no more than a two person band (live entertainment). Please PC and let me know if you see more than two people performing. Second complaint involves what used to be the Tustin Garage on ECR; aka the BBQ place. Amy is also receiving complaints through code enforcement about loud music at night. I don't think any of these complaints have come directly to the PD. Please PC this place at night and if the music is overwhelmingly loud, please talk with the management about it. Let me know about both locations so I can get back to PG next week. Thanks 17� I Stonich, Amy From: Garaven, Paul Sent: Monday, February 03, 2014 8:33 AM To: Coe, Ryan Cc: Bullock, Todd; Nichols, Stephanie; Garcia, Luis; Stonich, Amy Subject: Re: North end stuff Thanks Ryan Sent from my iPhone On Feb 2, 2014, at 6:00 PM, "Coe, Ryan" <RCoe@tustinca.ore> wrote: Superbowl Sunday has been quite at both locations thus far From: Bullock, Todd Sent: Friday, January 31, 2014 2:05 PM To: Coe, Ryan; Nichols, Stephanie; Garcia, Luis Cc: Garaven, Paul Subject: North end stuff I have received a request from PG via Amy Stonich next door. Please PC the following locations and email me back with what you find: There have been recurring complaints regarding Quinn's bar having live entertainment over the weekend. They are allowed to have no more than a two person band (live entertainment). Please PC and let me know if you see more than two people performing. Second complaint involves what used to be the Tustin Garage on ECR; aka the BBQ place. Amy is also receiving complaints through code enforcement about loud music at night. I don't think any of these complaints have come directly to the PD. Please PC this place at night and if the music is overwhelmingly loud, please talk with the management about it. Let me know about both locations so I can get back to PG next week. Thanks 1 Stonich, Amy From: Wiesinger, George Sent: Thursday, February 27, 2014 12:07 PM To: Stonich, Amy Subject: RE: Attachments: IMG_0039:1PG; 405 EI Camino real Quinns 1st cite Notice.pdf 405 EI Camino Real Quinn's Old Town Grill 8/30/2013 Receive from Phil Cox owner of the above property stating that his tenant was have live entertainment (musical bands) with 3 or more performers. A notice was sent to both the business owner and property owner regarding the regulations and requirements for providing live entertainment. 09/2013 Amy Stonich requested the Police Department observe the establishment to determine if providing live entertainment in violation of City Regulations. During this period they observed no violations. 01/17/2014 The Property owner provided photo evidence of Quinn's violating the City's Live entertainment regulations. 01/23/2014 A second notice reiterating the regulations associated with providing Live entertainment at a business. 02/03/2014 At the request of Amy Stonich The Tustin Police department conducted a undercover surveillance of the Ouinn's and Black Marlin and found no violations at either business. 02/14/2014 Phil Cox the property owner provided photo evidence of a 3 piece band "Crimson Crowbar" preforming at Quinn's Old Town Grill on the afternoon of February 9, 2014. (Photo Attached) 02/21/2014 Based on the photo evidence provided by the property owner an Administrative citation was issued to both the property owner and business owner. (Citation attached) Please let me know if require more detail. George Wiesinger Code Enforcement Officer City of Tustin (714)573-3134 Rwiesineer@tustinca.ora From: Stonich, Amy Sent: Thursday, February 27, 2014 9:20 AM To: Wiesinger, George Subject: FW: Can you help me put together background? From: Binsack, Elizabeth Sent: Thursday, February 27, 2014 8:57 AM To: Stonich, Amy Subject: Amy: Do you have the "facts" on Quinns and the Marllin? Mza&efPc a. 53uwack &"muttdV Dene&pmeut Deed" eif* q J uotin 714-573-3031 Stonich, Amy From: Phil & Linda Cox <philindacox@charter.net> Sent: Tuesday, February 18, 2014 9:12 PM To: Stonich, Amy Subject: FW: Pics Time and date Attachments: IMG 0055.JPG; Untitled attachment 00007.htm; IMG_0057.JPG; Untitled attachment 00010.htm; IMG_0060.JPG; Untitled attachment 00013.htm; IMG_0039.1PG; Untitled attachment 00016.htm; 2-9-14 Report.docx To: Amy Stonich: Sorry, I see my error, I was not aware of the capital letters in your address. Sincerely; Phil Cox DT3\C\CMP\TENANT\F\Stonich 140218.e -mail From: Phil & Linda Cox [mailto:philindacox(cbcharter.netl Sent: Thursday, February 13, 2014 1:01 PM To: Amy Code Enforcement Supervisor STONICH (astonich(dtustin.ora) Subject: FW: Pics Time and date To: Amy Stonich Please find attached 4 photographs of the 3 piece band which performed at Quinns on Sunday, February 9th, 2014 and the report by the private investigator. Dan Whelan of Whelan of Whelan & Associates, Consulting and Investigation will hand deliver to you a USB storage drive which contains videos of the event, Thank you for your attention in this matter. Philip K. Cox Linda M. Cox E-MAIL: DT3\C\CMP\TENANT\F\Stonichl402l3.e-mail From: Daniel Whelan [mailto•dan(awhelanconsultino.net] Sent: Wednesday, February 12, 2014 7:13 PM To: Phil Cox Subject: Pics Time and date Phil, Stonich, Amy From: Bullock, Todd Sent: Tuesday, October 22, 2013 4:42 AM To: Stonich, Amy Subject: Re: Quinn's hi Amy. Dana Harper said there were only two musicians playing at Quinn's Sunday and the crowd was mellow. Sent from my Whone On Oct 21, 2013, at 9:23 AM, "Stonich, Amy" <AStonich@tustinca.org> wrote: Hi Todd, Do you know if there were any violations at Quinn's over the weekend? Amy From: Bullock, Todd Sent: Thursday, October 17, 2013 3:S2 PM To: Stonich, Amy Subject: Hi Just got your phone message Amy. I sent our weekend dayshift sergeants and email regarding this weekend at Quinn's. They will be making regular checks at Quinn's on Sunday afternoon and will get back to me. I will let you know next week. My cell is 714-614-2411. Feel free to call me on this anytime. Ilr \r;5$ CITY OF TUSTIN BUSINESS PERMIT APPLICATION For an application to be accepted, all supplemental information required by Ordinance No. 1252 for purposes of clarification of the activity must be included with this application and the application fee, PLEASE PRINT OR TYPE Name of Applicant Name of Business (if applicable) Business Address Name of Business Operator Applicant's Driver's License Number Applicant's Residence Address Residence Owner Name Business Telephone Title Applicant's Home Telephone Please describe fully the business or event to be conducted (attach additional information if necessary): Hours of Operation (Hours) (Days) Have you ever been convicted of a felony? ❑ Yea I ❑ No If Yes, fill in the information below: I If you, are the business owner, has any operator or employee of the business ever been convicted of a felony? I ❑ Yes ❑ No 11yes, fill in the information below: I I I i Date I [Name Address of Place of Where When I Birth Birth Convicted Convicted I declare under penalty of perjury the information entered on this form is true and correct to the best of my knowledge and belief, As a condition for the issuance of the permit applied for, I agree to submit any additional information required and to conduct all phases of this business in conformance with applicable lows, ordinances, and regulations established for such business. Date Signature (Return to the City of Tustin Business License Desk, 300 Centennial Way, Tustin, CA 92780 FOR OFFICE USE ONLY Date Received Permit Type Amount How Paid _ Initials Community Development Department ARREST HISTORY NOTICE TO APPLICANTS FOR CITY OF TUSTIN PERMIT City of Tustin IF YOU HAVE HAD ANY ARRESTS, LIST ALL OF THEM ON THIS SHEET. BE SURE TO INCLUDE: 1) THE DATE (APPROXIMATE); 2) THE PLACE (CITY & STATE); AND 3) THE REASON, YOU MAY PROVIDE MORE DETAILED INFORMATION, IF YOU WISH. FAILt1RE TO LIST ALL ARRESTS MAY RESULT IN A DENIAL OF VnrTV e oor tCAT10N. AUTHORIZATION TO RELEASE INFORMATION TO CITY OF TUSTIN POLICE DEPARTMENT As an applicant For a permit within the City of Tustin, I hereby authorize the release of any and all information that you may have concerning my work record, education records, medical and physical reports, and also including information of a confidential or privileged nature to the City ot'Tustin Police Department and its agent. I hereby release you, your organization, or others, information requested. from any liability or damage which may result from furnishing the i Permit Applicant's Name (Printed): Permit ,Applicant's Ri nnni u LIVE ENTERTAINMENT PERMIT SUPPLEMENTAL PAGE 2 EMPLOYEES: PROVIDE A LIST OF EMPLOYEES WHO HAVE BEEN CONVICTED OF ILLEGAL DRUG USE, DRUG DEALING OR PROSTITUTION WITHIN THE LAST FIVE YEARS. If additional space is needed, please submit on a separate sheet of paper, PROVIDE THE NAMES OF AT LEAST TEN (I0) ENTERTAINERS, INCLUDING THEIR NAMES, ADDRESSES, PHONE NUMBERS, BUSINESS NAMES AND DATE AND LOCATION OR PLACES WHERE THEY WORKED FOR THE APPLICANT, Please type or NAME OF BUSINESS EXACT LOCATION WHERE ENTERTAINER WILL PERFORM _(address as well as actual physical location on the premises) DESCRIBE THE EXACT TYPE OF LIVE ENTERTAINMENT PROPOSED PROVIDE THE NAMES OF ANY CO-OWNERS, PARTNERS, SILENT PARTNERS, FINANCIAL SUPPORTERS AND OR INVESTORS IN THE BUSINESS APPLYING FOR THIS LIVE ENTERTAINMENT PERMIT. If more space is needed please provide list on a separate sheet of paper. LIST ANY OTHER NAMES BY WHICH THE APPLICANT IS KNOWN OR HAS DONE BUSINESS AS A "dba", please include nicknames. IS THE STAGE OR ENTERTAINMENT AREA PROPOSED OPEN TO VIEW FROM OUTSIDE THE PREMISES yes no State of California Department of Justice REQUEST FOR LIVE SCAN SERVICE 3018018 JW) Applicant Submission ORI: CA0302200 Type of Application: Code assigned by DOJ Job Title or Type of License, Certification or Permit: Agency Address Set Contributing Agency: City of Tustin 92780 Agency authorized to receive criminal history Information Mall Code (five-digit code assigned by DOJ) 300 Centennial Way Detective Brian Chupp Street No. Street or PO Box Contact Name (Mandatory for all school submissions) Tustin CA 92780 ( 714 ) 673-3144 (Business Licensinq), city State Zip Code Contact Telephone No. Name of Applicant: (Please print) Last First MI Alias: Driver's License No: Last First Date of Birth: Sex: ❑ Male ❑ Female Misc. No. BIL - Agency Billing Number Height: Weight: Misc. Number: Home Address: Eye Color: Hair Color: Street No. Street or PO Box Place of Birth: City, State and Zip Code Social Security Number: Your Number: OCA No. (Agency Identifying No.) Level of Service: ❑✓ DOJ ❑ FBI If resubmission, list Original ATI Number: Employer: (Additional response for agencies specified by statute) Employer Name Street No. Street or PO Box Mall Code (five digit code assigned by DOJ) City State Zip Code Agency Telephone No. (optional) Live Scan Transaction Completed By: - _ Name of Operator Date Transmiung Agency ATI PIo. Amount CoilecledrHllied TUSTIN BUILDING OUR FUTURE HONORING OUR PAST Community Development Department • 300 Centennial Way • Tustin, CA 92780 Phone - 714.573.3140 • www.tustinca.org Instructions for Filing a Development Application California law, the City of Tustin General Plan, and Zoning Code require many types of development or construction projects to have the timely approval of City staff, the Zoning Administrator, Planning Commission, and/or City Council. Projects brought before the Zoning Administrator, Planning Commission, and City Council may also require a public hearing. This Development Application package has been designed to help you provide staff and the approving body with the information necessary to make responsible decisions regarding your proposal. It is important that your application contain complete and accurate information. The Community Development Department is the City department responsible for processing development applications. However, other departments and agencies, such as the Building Division and the Police, Fire, and Public Works Departments, are also involved in the review process. Those agencies rely on the information you provide to ensure that your project complies with local and state codes and general principles of good design. If the information you provide is incomplete or incorrect, the processing of your project could be hampered or delayed. Once your completed application form and related materials are submitted to the Community Development Department, a case planner will be assigned to your project. The case planner is responsible for coordinating the processing of your project and will work with you during each step of the process. Feel free to contact your case planner at any time during the process to discuss issues or questions you may have. We will make every effort to process your application as expeditiously as possible. You will typically receive a written confirmation on the status of your application within 30 days from the date of your initial submittal. The case planner may request additional information or materials and/or clarification of previously submitted items. Your timely response to any request for additional information will help minimize your application's processing time. Another factor impacting processing time is the unavoidable lead time necessary to comply with laws ensuring adequate notice of public hearings to the community. You may request an appointment to submit your application if you believe your project is either complex or involves a number of discretionary actions (e.g. CUP, Subdivision Map, Zone Change, etc.) Assistance in completing any of the application forms or clarification of submittal requirements can be obtained from the Community Development Department at the address or number above during office hours between 7:30 a.m. and 5:30 p.m. Monday through Thursday and between 8:00 a.m. and 5:00 p.m. on Fridays. Submittal Reauirements The matrix on the following page identifies minimum submittal requirements that must be provided at the time of application submittal for various discretionary actions. Please contact the Community Development Department for specific submittal requirements for those application types not specifically listed. The following pages identify the information and contents of each of the required materials. Additional copies of plans, reductions of plans, colored plans/elevations, material sample/color boards, and other information may be requested during the review process prior to determining your application complete or scheduling any public hearings, B. Submittal Requirement Checklist and Description C) Development Application Form All required information, including applicable signatures, must be provided on the form. Signatures on the Development Application form must be notarized. 0 Application Fee Fees are to be paid at the time of application submittal. A current fee schedule is available from the Community Development Department and online (www.tustinca.org). Application fees are non- refundable. O Sets of Plans (Note: This list of plans represents those needed for new construction. For remodels or modifications to existing developments, contact a the Planning Division. J Size: Maximum 36" x 48"; Folded to 8yz' x 11" with title block visible Scale: Plans are to be drawn to scale and large enough to clearly show the details and text. Quantity: Ten (10) sets of plans and a CD containing digital versions of the submitted plans Plans: The following list contains the sheets that make up a full set of plans, For details on what information should be provided, see "Information to be Included With Submitted Plans" at the end of this packet. Conceptual site plan Floor plans Conceptual architectural elevations - all sides of buildings Conceptual roof plan One (1) set of color elevation drawings Property survey Conceptual grading plan Conceptual landscape/hardscape (i.e., walkway, driveways, paving, walls, etc.), and other site amenities Photometric plan Tentative parcel or tract map or lot line adjustment O Color and Material Samples Please provide a sample color/material board showing one sample per of all proposed building colors and materials (may be more than one board). The samples must cross reference to elevation drawings. Color/material boards may not be accepted if overly large. O Supplemental Application Form O Environmental Assessment Form O 300' Radius Map (100' for large family daycare homes) Size: Maximum 11" x 17" Scale: Not less than 1" = 200' Quantity: Two (2) Contents: This shall be prepared by a Title Company or other authorized entity and show the following: 1. A line indicating the 100' or 300' radius. 2. All of the area within a 100' or 300' radius from the exterior property lines. 3. Identification of the Assessor's Parcel Number for all properties, including the subject property, within or partially within the 100' or 300' radius. 4. Streets, street names, north arrow, and map scale. S. A title block in the lower right corner containing the name and address of the applicant, address of the project (if established), date of map preparation, and designation of the subject property by shading or darkening the exterior boundaries. 1 C. Information to be Included with Submitted Plans All plans shall be drawn at an easily readable scale. Full size plans should be folded to a maximum of 8'/x"x 11,, with the title block visible and shall include: O 1. Name, address, and telephone number of owner and developer of subject property. 2. Name, address, and telephone number of person preparing plan. O 3. North arrow. O 4. Scale. O 5. Vicinity map showing site location. O 6. Property lines of entire legal parcel(s). O 7. Names of adjacent streets and intersections. 0 8. Width of adjacent streets and alleys and distance to centerline. O 9. Legal description of subject property. O 10. Street address of subject property (if assigned) O 11. Zoning designation of subject property and surrounding properties. O 12. Existing land uses of surrounding properties. O 13. Summary of all development standards and how they are being met. O 14. Area of subject property, including each parcel or lot. O 15, Topographic contour lines and finished pad and floor elevations. 16. Architectural perspectives or renderings. O 17. Exterior building materials, colors, building height and including materials of proposed fences and walls. 0 18, Sizes, locations, and elevations of all utility cabinets and roof -top equipment. 0 19. Proposed plotting of buildings. C) 20. Street or alley dedications, if applicable. 0 21. All existing and proposed public improvements within adjacent streets and alley right-of-way (curb, gutter, streetlights, sidewalks, parkways, power poles, fire hydrants, water and sewer lines, etc.) Show existing curb, gutter, and sidewalk with dashed lines and label. Show new curb, gutter, and sidewalk with solid lines. 0 22. Existing or proposed public rights-of-way within subject property. O 23. Existing or proposed easements within or immediately outside subject property (public and private), p 24. Location of on-site and off-site drainage facilities. 0 25. Physical features on property lines and immediately adjacent to property lines (fences, walls, power poles, buildings, slopes, etc.) O 26. Location of all buildings (main and accessory), fences and walls, paved areas and landscaped areas labeled existing or proposed. O 27. Percentage of area covered and floor area ratio of buildings on each parcel. 0 28. Location of existing and proposed on-site waterlines, sewer lines, or septic tanks and fire hydrants. () 29. Type of construction per the Uniform Building Code. 0 30. Height of all buildings and structures. O 31. Dimension from building(s) to property line and to other buildings on subject property. TUSTIN Tx' I, 1111 MY RUILDING OUR FUTURE HONORING OUR PAST Project Description _ 4 Community Development Department • 300 Centennial Way • Tustin, CA 92750 Phone • 714.573.3140 • www.tustinca.org Development Application Form Assessor's Parcel Number Project Address Zoning District Present Use of Property Proposed Use of Property Existing Entitlement Affecting the Property Lot Size Building Size: Existing: Proposed: Property owner Information Name Company City, State, ZIP Phone: Cell Phone: Fax: E-mail: AI2211cant Information Iii different) Name Company Address City, State, ZIP Phone: Cell Phone: Fax: E-mail: Consultant or Contact Information (if differentt Name Company Address City, State, ZIP Phone: Cell Phone: Fax: r_. Nk Office Use Only Project No. CA _ CER CUP DR _ GPA _ LFD _ MA SCE _ TPM _ TTM ZC Other Prellminary Review Environmental: ❑ Exempt ❑ Initial Study ❑ Neg Dec ❑ EIR Date Received Received by Fees Paid Receipt N Itemize OCFA SR# ; Designation of Personisl to whom notices should be sent Pursuant to code of Civil Procedures Section 1094.6 Name Address City, State, ZIP E-mail: — — — — — — — — — — — — — — — — — — — — — — — — Name Address _ City, State, ZIP E-mail: Legal Description of Property (Attach a separate sheet if necessary) Supplemental Application Form Attached 16heck if apalkablel ❑ Variance/Minor Adjustment ❑ Sign Code Exception ❑ Alcoholic Beverage Sales Establishment ❑ Shopping Cart Containment Program Signatures and Acknowledgements I hereby certify that I am the owner of the real property described In this application. I hereby acknowledge that this application may not be considered complete until I am notified by the Community Development Department consistent with State law. I hereby certify that all of the information contained In this application, Including all required plans, supplemental application forms, and other submission materials as specified in the informational handout provided to me by the Community Development Department has been submitted, and the information is, to the best of my knowledge and belief, true and correctly represented. Should any or all of the Information submitted be false or incorrect, I hereby agree to defend, Indemnify, and hold the City of Tustin harmless from liability and loss by reason of its reliance on any such Information. I hereby grant the City the authority to place a public hearing notice on the subject property if a public hearing is required. Property Owner's Notarized Signature Applicant's Notarized Signature Print Name Print Name Date Date If the signature is by an agent, notarized, written authorization from the land owner must be attached to this appUcati n. The land owner's and/or agent's signatures on the written authorization also must be notarized, EXHIBIT 2 Stonich Amy From: Binsack, Elizabeth Sent: Wednesday, October 30, 2013 4:43 PM To: Phil Cox (philindacox@charter.net) Cc: Watch Commander; Stonich, Amy; Craig, Jerry Subject: Quin's Attachments: 02 - AGREEMENT TO CONDITIONS.pdf; 05 - STAFF REPORTS APPROVAL LETTERS.pdf; AGREEMENT TO CONDITIONS IMPOSED (Quinn's).doc Phil: Attached are the entitlements and the only agreement to conditions of approval on file. John Moore should have signed and provided one, but did not. Please note, even though there was an approval for live entertainment, it was not pursued so it expired. In addition, live entertainment permits are not transferable. Note, this does apply to duos, DJ and some other exempt forms of entertainment. The current operator should have signed this form prior to commencing operations and should have transferred all City licenses. Also, please note, that there is a license for parking rights for 18 spaces. This license can be terminated at any time. So that you are aware, we are now charging a minimum of $60.00 per space per year if we find that the use support the District. Based on you e-mail, this no longer appear to be the case. Otherwise the business would have spaces to accommodate the use. We have expended a sigificant number of Police and Code Enforcement hours responding to your concerns. Please let me know if you have any questions. aiza&,& a. Xirwa & eom mmutq Dwelopment Dked" ea* at 5totln 794-573-3U39 I 2if RESOLUTION NO. 3057 ,$ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN,APPROVING CONDITIONAL USE,PERM'IT 92-020 4 AUTHORIZING AN OUTDOOR SEATING AREA, • LIVE ENTERTAINMENT'AND THE SALE OF BEER AND WINE FOR ON - 5 AND OFF-SITE CONSUMPTION (ABC LICENSE TYPE 41) IN CONJUNCTION WITH A COFFEE HOUSE ON THE PROPERTY 6 LOCATED AT 425 EL.CAMINO REAL 7 The Planning Commission, of City of Tustin does hereby resolve .the as follows; g 1. The Planning Commission finds and determinesas follows; 9 A. That a proper application, Conditional Use Permit 10 92-020, has been filed by Rick Harrington requesting authorization to establish an outdoor 11 seating area, live entertainment and the sale of beer and wine for on- and'off-site consumption, (ABC 12 License Type 41) in conjunction with a coffee house on the property located at 425 E1 Camino Real. 13 B. A public hearing was duly noticed, called and held 14 for said application on July, 13,. 1992. 15 C. That the establishment, maintenance, and operation of the use applied for will not, under the 16 circumstances of this case, be detrimental to the health, safety, morals,.' comfort, or general welfare 17 of the persons residing or working in the neighborhood of such proposed use,. nor be injurious 1$ or detrimental to the property and improvements in the neighborhood of the subject property, or to the 19 general welfare of the City of Tustin as evidenced by the following: 20 1. The application is ,generally in compliance 21 with the City's established guidelines for reviewing alcoholic beverage sales 22 establishments ensuring protection of the general welfare of the City. Additionally, 23' conditions of approval have been included to restrict the use of the outdoor seating from 24 alcohol service, 25 2.The types' of entertainment .proposed are consistent with other similar types of coffee 26 houses existing within' the. City. Additionally, conditions ofapproval have been 27 included to ensure compliance with the City's 28 Entertainment Code ensuring the protection of 'City. the general welfare of the 1 .2 Resolution No. 3057 Page 2 3 • , 4 3'. The proposal to offer a 1121 and under!' night 5 will provide a service to the community by providing a supervised, alcohol -free 6 environment for use by the City's local high school operating in conformance with the 7 'City's Curfew Ordinance. 9 4. The project proposes tenant improvements with an ' existing,building to accommodate the 9 various uses and will not require the alteration of surrounding properties or the 10 construction of any off-site improvements that would impact surrounding properties. 11 D. This project has been determined to be 12 Categorically Exempt (Class 1) pursuant to Section 15301 of the.California Environmental Quality. Act. 13 II. The Planning Commission hereby approves Conditional Use 14 Permit 92-020 authorizing an outdoor seating area, live entertainment and the sale of beer and wine for on- and 15 off-site consumption (ABC License Type 41) in conjunction with a coffee-house on; the property located at 425 E1 16 Camino Real, subject to all conditions contained in Exhibit A, attached.hereto. 17 PASSED AND ADOPTED at a regular meeting of the Tustin Planning 18 Commission, held on the 13th day of July, 1992. 19 l , 20 EN R 21 Chairman 23 KATHLEEN CLANCY 24 Secretary 25 . 26 27 0 1 2 4 5 6 k. 7 x 11 Resolution No. 3057 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, KATHLEEN CLANCY, the undersigned, hereby.certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3057 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day'of July, 1992. 13 14 KATHLEEN CLANCY Recording Secretary 15 16 17 18 19 21 22 23 25 26 27 28 AGREEMENT TO CONDITIONS IMPOSED I, the undersigned, hereby agree to comply with all conditions imposed by the City of Tustin Planning Resolution No. 3057 and Zoning Administrator Action 97-002 (attached) for approval of on-site alcoholic beverage sales in conjunction with serving food within an existing restaurant at 405 EI Camino Real with a maximum of ninety-two (92) seats, including indoor and outdoor seats and barstools. Jennifer Grill Signature, Phil Cox Property Owner "SEE ATTACHED CERTIFICATE—, CALIFORNIA ACKNOWLEDGMENT State of California as, County of orange On It"') do2/r 2&o /, before me, Pat. _ personally appeared MARIA ELENA GARCIA Commlulon! 1317014 Notary Pubtlo. Califomie Orange County My comm, SvIra so a 200b Plot. Notary Seal Above Aoved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that t)&06/they executed the same in hjalhgrltheir authorized capdcity(ies), and that by g91hiir/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, / WITNESS OPriON AL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Title or Type of Document: _ Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer ' / J /1 Signer's Name:Gri'//i ✓f cY �ilndivldual ❑ Corporate Officer—Title(s): _ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: RIGHT THUTASPRPfT OF SIGNER 01997 National Notary Asaacla9on - 9M De Solo Avs., P.G. Bac 2402 Chatsworth, CA 913132402 Prod. No. 5907 Reader. Cell Tos-Free i- 0766827 Stonich, Amy From: Bullock, Todd Sent: Thursday, October 17, 2013 3:52 PM To: Stonich, Amy Subject: Hi Just got your phone message Amy. I sent our weekend dayshift sergeants and email regarding this weekend at Quinn's. They will be making regular checks at Quinn's on Sunday afternoon and will get back to me. I will let you know next week. My cell is 714-614-2411. Feel free to call me on this anytime. FU Community Development Department City November 8, 200.1 of Tustin300 Centennial way Tustin, CA 92780 Jennifer Paivin 714.573.3100 2142 Maple Court Tustin, CA 92780 SUBJECT: APPROVAL OF AMENDMENT TO CONDITIONAL USE PERMIT 96-042 Dear Ms. Parvin: Thank you for your submittal received on October 25, 2001, requesting authorization to amend Conditional Use Permits 92-020 and 96-042 to modify the type of on-site alcoholic beverage sales allowed in conjunction with an existing restaurant (EI Camino Grill) located at 405 EI Camino Real from Type 41 (beer and wine) to Type 47 (beer, wine, and distilled spirits). Your request is approved as follows: Consistent with Condition No. 1.1 of Resolution No. 3057, 1 hereby grant a minor amendment to Conditional Use Permit 92-020 and Conditional Use Permit 96-042 modifying type of on-site alcoholic beverages sales from on-site sales of beer and wine in conjunction with a restaurant (Type 41) to on-site sales of beer, wine, and distilled spirits in conjunction with a restaurant (Type 47) for the existing restaurant at 405 EI Camino Real approved for a maximum of ninety-two (92) seats, including indoor and outdoor seats and bar stools, and incorporating all conditions of approval previously imposed by Resolution No. 3057 and Zoning Administrator Action 97-002.' The approval of this minor amendment is contingent upon submitting a signed and notarized Agreement to Conditions Imposed form (attached). Should you have any questions or concerns regarding this project; please contact Minoo Ashabi at (714) 573-3126. Sincerely, Elizabeth A. Binsack Community Development Director Attachments: Agreement, to Conditions Imposed Form Resolution No. 3057 and Zoning Administrator Action No. 97-002 S:\C0DW1N00\cupo1;033-complete.doc DESCRIPTION OF PROPERTY AND SKETCH Premises known as 405 E1 Camino Real, Space "F",.having a frontage of approximately 39 feet on El Camino Real and a depth of approximately 72 feet and together with others of the parking• area lying to the south, situated in the City of Tustin, State of California. .A'sketch of the 'premises and the parking area is shown below, G EAST MAIN STREET B 401 __ A— --- - 403 C D E 130 140 150 5'-gbir - -- —: USE X �- a NOTE! Not to scale SOUTHERLY MOST EDGE I REC OCT coM. 1W 1 EXHIBIT,A CONDITIONAL USE PERMIT'92-020 CONDITIONS OF APPROVAL RESOLUTION NO. 3057 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped July 13, 1992, on file with the Community Development Department, as herein modified, or as, modified by the Director of Community Development Department in accordance with this Exhibit. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the .project, subject to review and approval by the Community Development Department, (1) 1.3 Conditional Use Permit approval shall become null and void unless all permits are issued within twelve (12) months of the date of approval.. (1) 1.4 Approval of Conditional Use Permit 92-020 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form, as established by the Director of Community Development.' (1) 1.5 The applicant shall be required to enter into a'lease .agreement with the City for participation in the City's parking• structure for a minimum of ten (10). parking spaces required above and beyond that provided on-site, calculated at a rate of one space for. every three seats. Said lease agreement shall be executed prior to,issuance of ,any building permits. 1.6 Applicant shall provide signage within the tenant space advising patrons of the availability of parking in the City's parking structure. . --- ,--------------------------------------------------------- SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES. (3) UNIFORM BUILDING'CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A - CUP 92-020 Conditions of Approval Resolution No. 3057 Page 2 PLAN SUBMITTAL 2.1 At building plan check submittal: (3) A. Three sets of construction. plans including two sets of calculations where required shallbesubmitted. Requirements of the Uniform Building'Code shall be complied with as approved by the Building Official. USE RESTRICTIONS -ALCOHOL (7) 3.1 Authorization for on- and off-site sales of beer and wine is'contingent upon the use of the subject site remaining a coffee house and/or restaurant. At such time that. the use is discontinued, the use permit becomes null and void'. - (7) 3.2 All persons serving alcoholic beverages must be eighteen years of age -or older and supervised by someone twenty- one years of age or older. Supervisor shall be present ih 'same area as point .of sale. (7) 3.3 Food must be served during the hours alcohol is served. The menu of the coffee house shall consist of'foods that are prepared on the .premises. (7)" 3.4 There shall be no pool tables or coin operated games on the premises at any time. (7) 3.5 "No loitering" signs shall be posted at the entrance of the business. (7) 3.6, Refrigerated single -serving beverage containers shall be located in an enclosed refrigeration unit no less than ten.(10) feet from the point of sale. ***" 3.7 Consumption•of"alcohol shall be limited to the interior of the tenant space or off-site entirely. This use permit does not authorize the consumption of alcohol in the outdoor seating area or other exterior locations of the building or parking lot areas: *** 3.8 The number of "bar" type seats shall not exceed 15 percent of the total number of seats. *** 3.9' The sale''of any type" of alcohol,' on- and off-site consumption, shall be.prohibited one hour prior to, one Exhibit A - CUP 92-020, Conditions of Approval Resolution No. 3057 Page 3 "hour after and during those evenings designated and/or. advertised as "under 21 years of age entertainment night." 3.10 Sale of alcohol for off-site consumption is limited to the sale, of wine. Thid use permit shall not authorize the sale of beer"for off-site consumption. USE RESTRICTIONS - ENTERTAINMENT (5) 4.1 All entertainment provided shall comply with the requirements and regulations of Tustin City Code Section 3200 et seq, which defines the permissible types of entertainment. (5) 4.2. The hours for providing entertainment to minors, defined as persons under .18 years of age, shall comply with Condition No. 3.9 herein and Tustin City Code Section 6100 et seq,which-regulates curfew and'loitering. (5) 4.3 Entertainment provided shall not exceed the City's Noise Ordinance, standards for Zone 2 - Commercial Areas. Should the City receive complaints, regarding noise, the applicant shall be, required to submit for review and approval by the Community Development Department, a noise analysis .that demonstrates complianceor, identifies mitigation measures to ensure compliance with the City's Noise Ordinance. OUTDOOR SEATING (7) 5.1 The, outdoor seating area shall be setback a minimum of five feet from the parking lot. (7) 5.2 Lighting shall be provided to illuminate- the .outdoor seating area as required by the Tustin Security Code. Details shall be submitted for review and approval at Building Plan Check and; all fixtures shall be architecturally compatible. (7) 5.3 Catalog cuts and/or details of the furniture proposed for the outdoor seating area shall. be submitted for review and approval. at Building Plan ' Check and the materials/finishes shall be architecturally compatible. (7) 5.4 The number of outdoor seats is limited to four and the number of tables is limited to. two and the applicant Exhibit A - CUP 92-,020 Conditions of Approval. Resolution No. 3057 Page 4 shall ensure that a five foot clear pedestrian walkway is maintained at all times. These four seats shall be accounted for in computing the required number of parking spaces overall. (73 s.5 The use of .awnings, umbrellas, plants, and other human scale elements is encouraged to enhance the pedestrian experience: Elevations and material samples shall be submitted for review and approval during Building Plan Check. (7) 5.6. Trash receptacles shall be provided in the outdoor seating -area. Location and type shall be specified in the submittal for -Building Plan Check. (7) 5-.7 Authorization for outdoor seating'shall be reviewed after one year. At such time, the Community Development Department shall inspect the .site to determine if any adverse impacts have resulted from the use. If a determination is favorable, the conditional use permit authorization shall be considered permanent. FEES (1) 6.1 Prior to issuance of,any permits the applicant shall pay the following fees: A. All plan check and permit fees to the Building Division. AES:nm EXHIBIT A ZONING ADMINISTRATOR ACTION 97-002 CONDITIONS OF -APPROVAL CONDITIONAL USE PERMIT 96-042 GENERAL (]) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped January 20, 1997 on file with'the Community Development Department, as herein modified or as modified by the Zoning Administrator in accordance with this Exhibit. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of a busihe's's license for the business, subject to review and approval by the Community Development Department. (1) 1.3 Conditional. Use Permit approval shall become null and void unless all required, permits are issued, a business license is obtained and operations begin within twelve (12) months of the date of this Exhibit. (1) 1.4 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge to the City's approval of this project. - (1) 1.5 Approval of Conditional Use Permit 96-024 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.6 The applicant shall enter into a lease agreement with the Tustin Community Redevelopment Agency for participation in the Agency's parking structure for a minimum of eighteen (18) parking spaces required above and beyond that provided on-site, calculated at a rate of one (1) space for every three (3) seats. Said lease agreement shall be executed prior ,to the issuance of any building permits. (1) 1.7 A Certificate of Appropriateness shall be issued by the Community Development Department prior to issuance of Building permits for the patio modifications. SOURCE CODES (1) STANDARD CONDITION (5) SPECIFIC PLAN (2) EIR MITIGATION (6) RESPONSIBLE AGENCY REQUIREMENT (3) UNIFORM BUILDING CODE/S (7) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (8) PC/CC POLICY *** EXCEPTION Exhibit.A Zoning Administrator Action 97-002 January 20, 1997. Page ,2 (1) 1.8 The authorization for sale of alcoholic beverages on the patio area shall become null an void unless written approval by the ABC is submitted to the City. (1) 1.9 All conditions of Planning Commission Resolution No. 3057 shall be complied with, unless herein modified. USE RESTRICTIONS (3) .2.1 No off-site consumption of alcohol for any type of ABC license is authorized. All alcoholic beverages shall be consumed on-site. (2) 2.2 .Hours of sales of beer and wine shall be limited to the hours when food is available. Menu items shall be available in the restaurant during business hours. (2) 2.3 The menu of the restaurant shall consist of foods that are prepared on the premises. (5) 2.4 Any Health Code or other violations, as determined by the County of Orange Health Care Agency, may be grounds for revocation of this Conditional Use Permit. (2) 21.5 Authorization for the on-site sales of beer and wine (ABC License Type 1141") is contingent upon the use of the subject premises remaining a restaurant. Should this use change or.be discontinued, authorization for this use permit is null and void. (2) 2.6 All persons selling alcoholic beverages 'shall be 18 years of age or older and shall be supervised by someone 21 years of age or older. A supervisor shall be present in same area as point of sale. (4) 2.7 A maximum of 92 seats is authorized for the restaurant. The number of seats shall not be increased unless the property owner'demonstrates, through the submittal of a parking and land use summary, or as otherwise authorized by current provisions of the Tustin City Code, that an adequate number of on-site parking spaces are available to accommodate additional seating for the restaurant. (4) 2.8 The applicant shall provide signage within the restaurant space advising patrons of the availability of parking in the City's parking structure. Exhibit A Zoning Administrator Action 97-002 January 20, 1997 Page 3 OUTDOOR SEATING (4) 3.1 The outdoor seating area shall maintain a minimum of four (4) feet between the tables and chairs as required by the Uniform Building Code and ADA. (7) 3.2 .Lighting shall be -provided to illuminate the 'outdoor seating area as required by the Tustin Security Code. Details shall be submitted for review and approval at Building Plan Check and all fixtures shallbe architecturally compatible. (7) 3.3 Catalog cuts and/or details'of the furniture proposed for the outdoor seating area shall be submitted for review and approval at Building Plan Check and the materials/finishes shall be architecturally compatible. (7) 3.4 The use of awnings, umbrellas, wrought iron fencing, plants and other human scale elements is encouraged to enhance the pedestrian experience.. Elevations, material and color samples shall be submitted for review and approval by,the Community Development Department during Building Plan Check. PLAN SUBMITTAL (3) 4.1 Specify the type of construction and group of occupancy (A-3) of the building on plans. (3) 4.2 The site plan shall be modified to comply with the attached checklist for the location and number of disabled parking spaces and show all the requirements on plans. (3) 4.3 Delineate the disabled path of travel from the street side -walk and disabled parking spaces to the entrances of the building. (3) 4.4 The existing toilets in the expanded area shall be made accessible and usable by disabled persons. (3) 4.5 Provide an exit analysis of the entire building (existing and addition) showing but not limited to the number of occupant load in•each area, exit and directional signs, swing of exit doors in the direction of exit travel with panic hardware, etc. (3) 4.6 Note on plans, to post the occupant load of the building. Exhibit A Zoning Administrator Action 97-002 January 20, 1997 Page 4 (3) 4.7 .The interior tenant improvements connecting the two tenant spaces shall be completed prior to enclosing the patio area. FEES (1) 5.1 Prior to the issuance of any building or sign permits, payment shallbe made of all applicable building plan check and permit fees and sign design review fees to the Community Development Department. (1) 5.2 within 48 hours of approval of the subject project; the applicant shall deliver to the Community Development Department, a cashiers check payable to the COUNTY CLERK, in the amount of thirty-eight dollars ($38.00) to enable the City to file with the County Clerk, the appropriate environmental documentation pursuant to the California Environmental Quality Act If within such 48 hours period, the applicant has not"delivered to the Community Development Department the above noted check; the approval for the project granted herein shall be considered automatically null and void. 1 ZONING ADMINISTRATOR ACTION 97-002 CONDITIONAL USE PERMIT 96-042 2 'JANUARY 20, 1997 3 The Zoning Administrator of the City of Tustin does 4 hereby resolve as follows: 5 I. The Zoning Administrator finds and determines as follows: 6 A. That a proper application, Conditional Use 7 Permit 9.6-042, was filed by.Ralph Sanchez, to authorize the expansion of an 'existing 8 restaurant and modification to the outdoor dining area to permit the sale of alcoholic 9 beverages located at 425 E1 Camino Real. 10 B. That a public hearing was, duly called,.noticed and held on said application on January 20, 11 1997 by the Zoning Administrator. 12 C. That Conditional Use Permit 92-020 was approved by the Planning Commission in 1992 to 13 authorize the establishment of a restaurant with alcoholic beverage sales and outdoor 14 dining area. 15 D. That the proposed use is allowed in the Central. Commercial - Parking and Cultural 16 Resource Overlay (C2 -P & CR) District subject to the approval of a Conditional Use Permit 17 (City Code Section 9233). 18 E. That the subject property is located within the Town Center Redevelopment Project Area and 19 the design and improvements proposed are consistent with the Plan. 20 F. That establishment, maintenance, and operation 21 of the use applied for will not, under the circumstances of this case, be detrimental to 22 the health, safety, morals, comfort or general welfare of the persons residing or working in 23 the neighborhood of such. proposed use; evidenced by the following findings: 24 1. The proposed site is located within an 25 existing multi -tenant commercial center. The proposed exterior modifications to 26 the outdoor dining area are compatible in 27 design with the existing improvements on the site and will enhance the pedestrian 28 environment of the downtown area. III 2 3 4 5, 6 9 �9. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 f*I 25 26 27 28 . f .c(0 Zoning Administrator Action 97-002 January 20; 1997 Page 2 2. The proposed alcoholic beverages sales on the outdoor patio .will be confined to patrons of the establishment by the wrought iron fencing and access will be provided only through the restaurant. 3. As conditioned, there is adequate parking for the increased seating through the use of on-site parking and the Stevens Square w Parking Structure. 4. The sale of alcohol would only• be authorized in conjunction with a °'i restaurant use. Sales of beer and wine will be permitted only when food is available. Food. provided will be prepared on the premises. 5. All persons serving beer and wine will be eighteen (18) years of age or older and supervised by someone twenty-one (21) years of age or older. The supervisor will be present in the same area as point of sale. 6. As conditioned, the applicant will not provide any type of outdoor speakers or amplification that would create noise outside. G. That the establishment, maintenance, and operation of the use applied for will not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin for the reasons stated above. H. This project, has been determined to be Categorically Exempt (Class 3) pursuant to Section 15303 of the California Environmental Quality Act. I. That the project has been reviewed for consistency with the Air Quality Sub -element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub -element. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 251 Ply 27 M1 J6 Zoning Administrator Action 97-002 January 20, 1997 Page 3 II. The Zoning Administrator hereby approves Conditional Use Permit 96-042 to authorize the expansion of an existing restaurant and modification to the outdoor dining area to permit the sale of alcoholic beverages located at 425 E1 Camino Real, subject to the conditions contained.in Exhibit A, attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 20th day of January, 1997. Rick Brown Zoning Administrators Designee BARBARA REYES Recording Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES; the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No., 97-002 was duly passed and adopted at a regular meeting 'of the Tustin Zoning Administrator, held on the 20th day of January, 1997, BARBARA REYES Recording Secretary EXHIBIT 3 1 ZONING ADMINISTRATOR ACTION 0-002 CONDITIONAL USE PERMIT, 96-042 - 2 JANUARY 20, 1997 3 The Zoning Administrator of the City of Tustin does 4 hereby resolve as follows: 5 T. The Zoning Administrator finds and determines as follows: 6 A. That a proper application, Conditional Use 7 Permit 9.6-042, was 'filed by.Ralph'-Sanchez, to authorize the expansion of an 'existing 8 restaurant .and modification to theoutdoor dining area to permit the sale of alcoholic 9 beverages located at 425 E1 Camino Real. 10 B. That a public hearing was. duly called,noticed and held on said application on January 20, 11 1997 by the Zoning Administrator., 12 C. That Conditional Use Permit 92-020 was approved by the Planning Commission in 1992 to 13 authorize the establishment of a restaurant with alcoholic beverage sales and outdoor 14 dining area. 15 D. That the 'proposed use is allowed in the 16 Central. Commercial- Parking and Cultural Resource overlay (C2 -P & CR) District subject 17 to the approval of a Conditional Use Permit (City Code .Section 9233). 18 E. That the subject property is located within 19 the Town Center Redevelopment Project Area and the design and improvements proposed are consistent with the Plan. 20 21 F. That establishment, maintenance, and operation of the use applied for will not, under the 22 circumstances of this case•, be detrimental to the health, safety, morals., comfort or general 23 welfare of,the persons residing or working in the neighborhood' of, such, proposed use, 24 evidenced by the following findings: 25 1. the proposed site is located within an existing multi -tenant commercial center. 26 The proposed exterior modifications to the outdoor dining area are compatible in 271 design with the existing improvements on the site and will enhance the pedestrian 28 environment of•the downtown area. , 1 2 "3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20' 21 22 '23, 24 25 26 WA 28 r C Zoning Administrator Action 97-002 January 20, 1997 Page 2 2. The proposed alcoholic beverages sales on the outdoor patio will be confined to patrons of theestablishment by the wrought iron fencing and access will be provided only through the restaurant. 3. As conditioned, there is adequate parking -for the increased seating through the use of on-site parking and the Stevens Square Parking Structure. 4. The ,sale of alcohol would ,only be authorized in conjunction with a restaurant use. Sales of beer and wine will,be permitted only when food is available. Food provided will be prepared on the premises. 5. All persons serving beer and wine will be eighteen (18) years of age or older and supervised by someone twenty-one (21)' years of age or older. The supervisor will be present in the same area as point of sale. 6. As conditioned, the applicant will not provide any type of outdoor speakers or amplification that would create noise outside. G. That the establishment, maintenance, and operation of the use applied forwill not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin for the reasons stated above. H. This project has .been determined to be Categorically Exempt (Class 3) pursuant to Section 15303 of the California Environmental Quality Act. I. That the project has been reviewed for consistency with the. Air Quality Sub -element of the 'City of Tustin General Plan and has been.deiermined to be consistent with the Air Quality Sub -element.' W 7 8 9 10 11 12 13 14 ,15 16 17 18 19 20 21 22 23 24 25 26 271 28 r' r c r' Zonitg Administrator Action 97-002 January 20, 1997 Page 3 II. The Zoning Administrator hereby approves Conditional Use 'Permit 96-042 to authorizethe expansion of an existing restaurant and modification to the outdoor dining area to permit the sale of alcoholic beverages located at 425 El Camino Real, subject to the conditions contained in Exhibit A, attached hereto; " PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 20th day of January, 1997. • r Rick Brown Zoning Administrator's' Designee BARBARA REYES Recording Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I,` BARBARA REYES; the undersigned, hereby certify that I am the Recording secretary of the Zoning Administrator of the City of Tustin, California;' that Zoning Administrator Action No.. 97-002 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator,,held on the 20th -day of January, 1997. BARBARA REYES Recording Secretary EXHIBIT A ZONING ADMINISTRATOR ACTION 97-002 CONDITIONS OF -APPROVAL CONDITIONAL USE PERMIT 96-042' (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped January 20, 1997 on file with the Community Development Department, as herein modified or as modified by the Zoning Administrator in accordance with this Exhibit. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of a business license for, the business, subject to review and approval by the Community Development Department. (1) 1.3 Conditional Use Permit approval shall become null and void unless all required permits are issued, a business license is obtained and operations begin within twelve (12) months of the date of,this Exhibit. (1) 1.4 The applicant shall hold harmless and defend the City of 'Tustin from all claims and liabilities arising out of a challenge to the City's approval of this project. (1) 1.5 Approval of Conditional Use Permit 96-024 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed".form as established by the Director of Community Development. (1) 1.6 The applicant shall enter into a lease agreement with the Tustin Community Redevelopment Agency for participation in the Agency's parking structure for a minimum of eighteen (18) parking spaces required above and beyond that provided on-site, calculated at a rate of one (1) space for every three (3) seats. said lease agreement shall be executed prior to the issuance of any building permit's. (1) 1.7 A Certificate of Appropriateness shall be issued by the Community Development Department prior to issuance of Building permits for the patio modifications, SOURCE CODES (1) STANDARD CONDITION (5) SPECIFIC PLAN (2) EIR MITIGATION (6) RESPONSIBLE AGENCY REQUIREMENT (3) UNIFORM BUILDING CODE/S (7) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (8) PC/CQ POLICY *** EXCEPTION' Exhibit A r Zoning Administrator Action 97-002 January 20, 1997 Page 2. (1) 1.8 The authorization for sale of alcoholic- beverages on the patio area shall become null an void unless written approval by the ABC is submitted to the City. (1) 1.9. All conditions of Planning Commission Resolution No. 3057 shall be•complied,with., unless herein modified. USE RESTRICTIONS (3) ,2.1 No off-site consumption of alcohol for, any type of ASC license is authorized. All alcoholic beverages shall be consumed on-site. (2) 2:2 .Hours of sales of beer and wine shall be limited to the hours when food is available. Menu items shall be available in the,restaurant during business hours. (2) 2.3 The menu of the restaurant shall consist of foods that are prepared on the premises. (5) 2.4 Any Health Code or other violations, as determined by the County of Orange.Health Care Agency, may be grounds for revocation of this Conditional Use Permit. (2) 2.5 Authorization for the on-site sales of beer and wine (ABC License Type 041") is contingent upon the use of the subject premises remaining a restaurant. Should this use change or be discontinued,, authorization for this use permit.is null and void. (2) 2.6 'All persons selling alcoholic beverages 'shall be 18 years of age.or older and shall be supervised by someone 21 years of age or older'. ' A.supervisor shall be present in same area as point of sale. (4) 2.7 A maximum of 92 seats is authorized for the restaurant. The number of seats shall not be increased unless the Property ownerdemonstrates, through the submittal of a parking and land use summary, or as otherwise authorized by current provisions, of the Tustin City Code, that an adequate number of on-site parking spaces are available to accommodate additional seating for the restaurant. (4) 2.8 The applicant shall provide signage within the restaurant space advising patrons of the availability of parking in the City's parking structure. Exhibit, A Zoning Administrator Action 97-002 - January 20, 1997. Page 3 OUTDOOR SEATING (4) 3.1 The outdoor seating area shall maintain a minimum of four (4) feet between the tables and chairs as required by the Uniform Building Code and ADA., (7) 3.2 Lighting shall be provided to illuminate the outdoor seating area as ,required by the Tustin Security Code. Details shall be submitted for review and approval at Building Pian Check and all, fixtures shallbe architecturally compatible.. (7) 3.3 Catalog cuts and/or details'of the furniture proposed for the outdoor seating area shall be submitted'for review and approval at Building Plan. Check and the materials/finishes shall be architecturally compatible. (7) 3.4 The use of awnings, umbrellas,, wrought. iron fencing, plants and other human scale elements is encouraged to .enhance the pedestrian experience. Elevations, material and color samples shall be submitted for review and approval by the Community Development Department during Biuilding Plan Check. PLAN SUBMITTAL (3)• 4.1 Specify the type of construction and group of occupancy (A-3) of the -building -on plans. (3) 4.2 The site plan shall be modified to comply with the attached checklist for the ,location and number of disabled parking spaces and show all the requirements on plans. (3) 4.3 Delineate the disabled path of travel from the street side -walk and disabled parking spaces to the entrances of the building. (3) 4.4 The existing toilets in the expanded area shall be made accessible and usable by disabled persons. (3) '4.5 Provide an exit analysis of the entire building (existing and addition) showing but not limited to the number of occupant load in each area, exit and directional signs, swing of exit doors in the direction of exit travel with panic hardware, etc. (3) 4.6 Note on plans, to post the occupant load of the building. Exhibit -A Zoning Administrator Action 97-002 January 20, 1997, Page 4 (3) 4.7 The interior tenant improvements connecting the two ,tenant spaces shall be completed prior to enclosing the patio area. FEES (1) 5.1 Prior to the issuance of any building or sign permits, payment shall' be made, of all applicable building plan check and..permit fees and sign design review fees to the Community Development Department. (1) 5.2 Within 48 hours of approval of the subject'project; the applicant shall deliver to. the Community Development Department, a cashiers check payable to the COUNTY CLERK, in the amount of thirty-eight dollars ($38.00) to enable the City to file with the County Clerk, the appropriate environmental documentation pursuant to the California Environmental Quality Act. If 'within such 48 hours period, the applicant has not"delivered to the Community Development Department the above noted check, the approval for the project granted herein shall be considered automatically null and void. Community Development Department January 23, 2014 Quinn's Old Town Grill William K. Appiebee, Business Owner 405 EI Camino Real Tustin, CA 92780 TUSTIN BUILDING OUR FUTURE HONORING OUR PAST SUBJECT: 405 EI CAMINO REAL LIVE ENTERTAINMENT PERMIT REQUIRED; CASE V2013-0219 Dear Mr. Moore: Once again, it has been brought to the City's attention that Quinn's Old Town Grill located at 405 EI Camino Real is currently having live entertainment performances involving more than 2 performers on a regular basis. A Live Entertainment permit is required by Tustin City Code (TCC) to hold live performances. Specifically, TCC 3231 "Live entertainment permit required" states that no person shall establish, set up, maintain, conduct, or carry on any live entertainment for pay or for no charge, without first having obtained a live entertainment permit from the Director. Further, TCC 3232 states, no person shall be eligible to receive a live entertainment permit until such person has obtained a valid Conditional Use Permit for live entertainment pursuant to Tustin City Code Section 9270(b), At this time, it is necessary that you immediately cease any further live performances unless a live entertainment permit and Conditional Use Permit are approved for such use. If it is found that you are continuing to violate the above regulations by having more than 2 persons preforming live entertainment at your establishment, an administrative citation will be issued to you in the amount of $300,00, Further, your business license may be subject to revocation. This notice 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 these requirements within the time specified may result in the issuance of an administrative citation pursuant to TCC 1162(a) (Reference Exhibit A attached hereto). 100 Centennial Wav, Gestin, (._A 91 730 0 P 171 0 M7 3100 1 F 171 k ,5733113 . www.niti[inca.nrr If you have any questions about the Conditional Use Permit process, please contact Senior Planner Amy Stonich at 714-573-3126. Questions regarding the live entertainment application may be directed to the City's Business License Division at (714) 573-3144. Sincerely Georg iesinger Code Enforcement Officer cc: Elizabeth Binsack, Community Development Director Amy Stonich, Senior Planner Phil K. Cox, P.O. Box 6069, Brookings, OR 97415-0254 Business License Division Attachments: Exhibit A 6.'iwNEn(pYe4eyiprylvldln\ 405 EI OmMno ReW OMWn W Town O,i 2M eM iloal NoOdo Live enlenahi M.do, EXHIBIT A Administrative Citation Information `S In accordance with Tustin City Code (TCC) 1162(d), 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. Should an administrative citation be Issued, the responsible person has thirty (30) days from the issuance date of the administrative citation to 'pay the corresponding citation fine(s). Should a citation not be paid by the responsible party in the time specified therein, a penalty shall be assessed upon any administrative citation as follows: 30 days from the date of issuance, a penalty assessment shall be assessed in addition to the original amount by fifty percent (50%); should the responsible party not pay the citation and penalty after another 30 days, said citation shall increase by an additional fifty percent (50%). The responsible person must take one of the following actions to avoid additional penalties prior to the compliance date specified in the administrative citation: 1, Correct the violation, pay the corresponding fine(s), and contact the City to request a re -inspection, or 2, Pay the corresponding fine(s) and request an extension of time in writing pursuant to TCC 11651b), which shows a reasonable hardship; or 3. Request a hearing to appeal the administrative citation pursuant to TCC 1166 within ten (10) days from the date of the administrative citation, together with an advanced deposit of the corresponding fine(s), Request for Hearing forms and other information on administrative citations may be obtained on the City's website at www.tustinca.oro. EXHIBIT 4 Stonich, Amy From: Wiesinger, George Sent: Friday, January 24, 2014 3:50 PM To: Stonich, Amy Subject: 405 EI Camino Real Quinn's Amy; Mr. Applebee came to the counter regarding the letter that was sent. We discussed the current band member situation. He had three questions 1) Audience participation (I discussed with Elizabeth & Justina) Karaoke is exempt under the live entertainment regulations and there is no definition specifically of karaoke. So that is what I told him. 2) He does have 3 bands already schedule to play and asked for an extension. He could not give me a timeline of how long that meant (a week, 10 days, a year) so I asked him to speak with you once he has the schedule. 3) He ask about St Patrick's Day I explained he could submit for a temporary use permit ( which requires property owner approval) which I explained to him and that it must be submitted at least 2 weeks in advance of the event. I provided him with the application. 2) he stated that he would be in Monday after 1 pm to speak with you. If You need to call me on Monday with any questions. George Wiesinger Code Enforcement officer City of Tustin (714)573-3134 gwiesi nger@tustinca.or¢ I Phil & Linda Cox From: Phil & Linda Cox <philindacox@charter,net> Sent: Friday, January 17, 2014 7:58 PM To: Daniel Whelan Subject: FW: I PHONE MOVIE TAKEN AT QUINN'S ON JANUARY 12, 2014 Fly From: Phil & Linda Cox(mailto;Qhilindacox�Jet] Sent: Friday, January 17, 2014 7:54 PM To: Amy Code Enforcement Supervisor STONICH (stonichCutustin=ori) Subject: I PHONE MOVIE TAKEN AT QUINN'S ON JANUARY 12, 2014 I was unable to e-mail the file noted above as it was too large. it is dynamic and refutes their "Fine Dining" that was promoted. We will Priority Mail you a USB Drive on Monday, January 20th, 2014. Sincerely; ;Dxe&A 5;, Bax E-MAIL: DT3\C\CMP\TENANT\F Stonich140107-email Request a Delivery Receipt. Wiesinger, George From: Stonich, Amy Sent: Wednesday, February 19, 2014 8:25 AM To: Wiesinger, George Subject: FW: Pics Time and date Attachments: IMG_0055JPG; Untitled attachment 00007.htm; IMG_0057.JPG; Untitled attachment 00010,htm; IMG_0060.JPG; Untitled attachment 00013.htm; IMG 0039.JPG; Untitled attachment 00016.htm; 2-9-14 Report.docx FYI From: Phil & Linda CoxrmaiIto: ohilindacox0charter.net] Sent: Tuesday, February 18, 2014 9:12 PM To: Stonich, Amy Subject: FW: Pics Time and date To: Amy Stonich: Sorry, I see my error, I was not aware of the capital letters in your address. Sincerely; Phil Cox DT3\C\CMP\TENANT\F\Stonich140218,e-mail From: Phil & Linda Coxrmailto:philindacox(@charter,net1 Sent: Thursday, February 13, 2014 1:01 PM To: Amy Code Enforcement Supervisor STONICH (astonich(atustin.org) Subject: FW: Pics Time and date To: Amy Stonich Please find attached 4 photographs of the 3 piece band which performed at Quinns on Sunday, February Stn 2014 and the report by the private investigator. Dan Whelan of Whelan of Whelan & Associates, Consulting and Investigation will hand deliver to you a USB storage drive which contains videos of the event, Thank you for your attention in this matter. Philip K. Cox Linda M. Cox E-MAIL: DT3\C\CMP\TENANT\F\Stonich140213,e-mail From: Daniel Whelan [mailto:dan whelanconsulting.net] Sent: Wednesday, February 12, 2014 7:13 PM I To: Phil Cox Subject: Pics Time and date Phil, EXHIBIT 5 Sunday, February 9 2014 At 2:13 P.M., the investigator arrived at Quinn's Old Town Grill located at 405 El Camino Real, Tustin, CA 92780. Upon arrival a drummer was observed sitting behind a drum set. The establishment appeared to be at maximum capacity and waiters appeared to be setting a table for a party of ten directly in front of the band. At 3:02 PM, the band, Crimson Crowbar, consisting of one female violinist, one drummer and one vocalist who played 'guitar began to perform. The band stopped playing and took a break at 3:17 PM. At 3:35 PN. the band resumed playing. Several patrons were observed leaving the establishment and the investigator discontinued the observation at 3:45 P.M. Video 2-4-14 (00.05:21) and photographs will accompany this report. This will conclude the handling of the requested assignment. Per your request the photographs and video segments will be forwarded to you separately. Should you require further assistance, please do not hesitate to contact our office. Respectfully, Cynthia H. Cavalie Private Investigator CA License.# 27645 L ol m !W 114 1H, ' ?J` O' a CL a 2 IL I WA ,.. t r 4%p J Til I 00 02/09 014 3:31:33 PIS R 1 - d L Mi 3:31:40 PM .M4 , i LI Crimson Crowbar I Facebook kh'Wlar/Baru About Crimson Crowbar .e hours ago Crimson Crowbar 695 likes 16 talking about his NADINE'S IRISH MIST TONIGHT - DAVID & EMILY - 9-12 Like' Co,roitlk Emily lahmnik likes th(s. Crimson Crowbar February 12 Ok. Ready? Set? Gel THURS. 2/13 - NADINES IRISH MIST In Sunset Beach - David & Emily duo - 9-12 FRI, 2/14 - WILLMORE WINE BAR - David with Rachel Grace on violin - 7-10 SAT. 2/15 -THE HARP in Costa Mesa - David & Todd with Michael Wooster (from Smash mouth) on Keys and Mike Mennell (The Lovelys) on bass - 9:15-1:15 SUN. 2/16 - QUINN'S in TU5t10 - David, Emily &Todd - 2:30-5:30 Go for the Gold and attend all events! II Like' Comment Deaf Annette Lee, Mike FeLey and 4 others like thisr Deaf Annette Lee Going to try and bring sone new faces down T Sundayl Yestedl at RoIam Crimson Crowbar February 6 Hlghlyht6 Page I of 4 fila or whore Pasevmri Kelp Ire board it) Forgatywnpassword, e�V Crimson Crowbar w is on Facebook. To connect with Crimson Crowbar, sign up for Facebook today, t yk 5i Sign Up LogSn V(:ss5 "NAre Likes R£reatVM'L by Others as Ulmste CTosrt>Nr ENJohn Joe Lyons Mkhad Kboster of (Smashnwuth) & Mike Merrell of (Th.,, )D s C21 Fahmary tl at al aoprn Tim &lobo 12 thanks for the great show friday .. was a Mast January 19 at Ozer Kort Pearson Join us tonight at Mozambique W bo W Crrmon Crowbar.. I 1'61l JanllarY 17 at B>Rmn Mahe A Uve Bands at Mahe Seal Beath this weekend: 1/10 George.. l January 9 at 2:03ym Toni Beeman See You Might January 4 at 4:571,m More Posts aCHmaen Crowbar Wmso 9 QUINN'S TODAY, DAVID, EMILY & TODD 2;30-5:30 Like Canment Dylan Marts, All MOC8I1r1 and 2 others like this. Deaf Annette Lea 111 be theret FeMvnry 9 at 1:27pn1 inCrimson Crowbar Felon 'vv 5 See All https://www.facebook.com/pages/Crimson-Crowbar/101565953219954?ref=stream 02/14/2014 Crimson Crowbar I Facebook DAVID & EMILY TONIGHT @u NADINES'IRISH MIST In Sunset Beach. 9-12 - A splendid time is guaranteed for all! Like Coineeat Dylan Manic and Alison McCann like this. Crimson Crowbar .lanuary 31 THE MARINE ROOM IN LAGUNA BEACH TONIGHTII David, Todd & Wade - 9-1:00 - David's 8 -day at Inkhri ghtl Like Careen Alison McCann, Juamla Ramaed, Nate Shearson and Tp Comments 4 others like this, Ky. Pearson See you tmipht I I January 3'1 at P153an, { Juanita Ramirez Wouldn't miss it. January 31 at x:onpin Crimson Crowbar JaPiallrimso 211 DAVID & FRANK TONIGHT AT WATERMANS AT THE HERMOSA BEACH PIER 9.12111 Like Corlment Gary Ybarm, Melanie Naaahhrm, pen Cuftell and ] Top Comments others like this. Emily Initiator, Everyone snouid be there!! Can't wait to sea you Jam, David SheitoNn JnniAMY 29 at i2:56pm r= Ron Sage Nke,.wy hi to Frank for mel IM Yanaery29at4:45pm Crimson Crowbar Jammry 26 QUINN'S IN TUSTIN TODAY TILL 5:30 - DAVID, EMILY & TODDH lake Comment Mellsas Bray, Dylan Mento, Joe Ramirez and 3 others like this. 62 Gary Castro Saw their site and they appear in take Forest from tlm, to rose January 26 at 4:42pnr Crimson Crowbar January 73 TONIGHT - DAVID & EMILY - NADINE'S IRISH MIST - 9-12 - 'NOUGH SAIDI I! Like' comment UYlan Meets and Melanie Nagahlro like this. Crimson Crawhar lanuamy 19 QUINN'S TODAY - David, Emily &Todd - 230-5:30 Page 2 of 4 Only 2 public shows this week Thurs, 2/6 - NADINE'S IRISH MIST In Sunset Beach- David & Emily duo - 9-12 Sat. 2/8 - PRIVATE PARTY in Palo Alto - David & Frank Sun. 219 - QUINN'S in Tustin - David, Emily & Todd - 2;30-520 - February Is sucking for bookings - 11 11 free if anyone needs us Fri & Sat Feb. 21 & 22. Like Comment John Joe Lyons, Alison McCann and 2 omens like this. Carol Dart Frees?? 1 like that) ,,,,,; February5 at %:JSpm isCrimson Crowbar January 30 David will be solo at MAHE SEAL BEACH tonight 7-11pm Like Comment Dylur Meints and Kyle Jones Ilk, this ifCrimson Crowbar Jan!,ary 28 All the news that's ht to print! Weds. 1/29 - WATERMANS - In Hermosa Beach - David & Frank with spedal guestsl 9-12 Thurs. 1/30 - MAHE In Seal Beach - David solo - 7-11 Fri, 1131- THE MARINE ROOM - David. Todd & Wade (David's B- day at midnight) 9-1;00 Sat, 2/1 - THE 900 CLUB in Manhattan Beach (private B -day cont.) David, Todd If Wade Sunday Quinn's preempted by Superbowl C'mon down & join the parry!! Like Comment Leesent one, Tory Cox aid 2 others like this. Crimson Crowbar January 24 WILLMORE WINE BAR IN THE LBC TONIGHT 11 David and Greg Camp. 7-10 - Cory, ;intimate and plenty o'wlnel I Like C. meat Crimson Crowbar January 21 All acoustic this week! Thurs, 1123 - THE IRISH MIST In Sunset Beach - David & Emily duel 9-12a Fri. 1/24 - WILLMORE WINE BAR in Long Beach - David & Greg Capri 7-10p Sat, 1/25 - PRIVATE PARTY In Fountain Valley - David & Frank Sun, 1/26 - QUINN'S In Tustin - David, Todd & Emily - 230.5130 Sound good to you? Like Comment Entity falmnik, Dylan Maim, Jason Magdalen and 3 rAire s Ike this, https://www.facebook.com/pages/Crimson-Crowbar/101565953219954?ref=stream moa/?rnd Crimson Crowbar I Facebook LikeComment' Share AIysW Anderberg, Emily Kllirnnik, Tony Cox and 8 others like thN. Cllm man Crowbar January 16 Do I have to draw you a picture? Ok, LiKe' Comment' Share ., Katy Daunts Slater, Marta Case, David Peterson and Tap Comments 13 others like this. 7- Jason Magdalene Even more so for peope wry, play an instnmentl Hmmm, I wonder what subject should be more of a priority in schor?7? 2 January, 17 at 12:9Bam Keith Ponk Nice .y> January 16 at 11:27pm Page 3 of 4 aCrimson Crowbar .laotiaw 18 BIG SHOTS ON EL TORO RD, IN LAKE FOREST TONIGHTI 9�15- IiIS rllee ' CaiYnent'Share Barham Poster, David Peterson, Dylan mi and 6 others like this. Crimson Crowbar January 1] MOZAMBIQUE IN LAGUNA BEACH TONIGHTIU Like' Comment Gimme Crowbar, John brier, Panipia hlacoona!d arm 8 others like oris, CrIltokon CYowGIY 3.nw,y January 15 NADINE'S IRISH MIST TONIGHT! David & Emily duol 9-12! YAYI Like' Comment Emily "milk, Mary Palmer, Melanie Nagahiro and 2 others like this, Kien Pearson See you a,,,,,, January 16 at 1:53", Crimson Crowbar January l+! Lots of news so pay attentlonl!I Thum 1/16 - THE IRISH MIST In Sunset Beach - David & Emily duo - 9-12 Fri 1/17 - MOZAMBIQUE In Laguna Beach - Special showust added! David &Todd with Wade SIM (bassist from Glen Frey) & Rachel Grace on violin 9-12 Sat 1/18 - BIG SHOTS In Lake Forest - David, Todd, Wade & Special quest! 9:15-1:15 Sun 1/19 - QUINN'S In Tustin - David, Todd & Emily - 230-5:30 - Don't be slow, you know where to got Like Comment 1 1 isCrimson Crowbar January 12 haps://www.facebook.com/pages/Crimson-Crowbar/101565953219954?ref=stream m/Iv/101n Crimson Crowbar I Facebook Page 4 of 4 QUINN'S in Tustin today - 2:30 5:30 - David R Emily with special guest Greg canip! lake - Cenw,evrt MON)e Find F1end, Badges People Pages Places Apps Games MOC Abwit Curate Ad create tape, ❑evei'm CAIKcS Privacy Cooki, Tenn, Help FaCeIYJ(✓,'.&,2014 English(USI https://www.facebook,com/pages/Crimson-Crowbar/101565953219954?remstream 02/14/?n1a \' +'kit J r i P r t, Quinn's Old Town Grill - Tustin, CA - Bar & Grill, Gastropub I Facebook "You know you'refrom Tustin if.," Tie best hlllsh to this sentence gets a $25 gift card to Quinn's! Well pick a winner tomomow by lunch time. And speaking of lunch time, anyone farm}' a Hot Pastrami and Swiss dip today? sentence gets a $25 gift card to Quirm sl We'll pick a winner twonow by lunch time. And 5peakhrg of lunch tame, anyone fancy a Hot Pastranl and Swiss dip today? Like Camimt � SFxe Like' Cwnmeut' Siwe 1 Dawl I atyy Gave Wskeki, Trinfly AWM t)mina and 31 riders ke this, Page 1 of 1 Best caption for this photo will receive a free $25 gift card. You have until 21)m ai Sunday to come up with sanething - which,,,, Qt aial. WTown awl Ironically Is the same time our Super Bowl party kicks off. Make Q..,w Fvavmy 1 your reservation for the Big Game today and make sure to get We're open for breakfast now, and the Super Bowl parry kicks off at 2:30pm. Oh yeah, Happy Groundhog Dayi Like'Cwnnwnt San, Like'Cxunx t Gm Nicker, Lisa Nan.-Wci!naer, k'n Nkeen mM 8 cullers Ilea the. fit: lanl Nkken Haiwl' https://www.facebook.com/QuinnsOldTownGrill 02/14/2014 EXHIBIT 6 Community Development Department TUSTIN February 21, 2014 Phil K. Cox P.O. Box 6069 Brookings, OR 97415-0254 Quinn's Old Town Grill William K. Applebee, Owner 405 EI Camino Real Tustin, CA 92780 BUILDING OUR FUTURE HONORING OUR PAST SUBJECT: 405 EI CAMINO REAL LIVE ENTERTAINMENT PERMIT REQUIRED; CASE V2013-0219 Dear Mr. Cox and Mr. Applebee: On February 14, 2014, evidence was provided to the City of Tustin that on February 9, 2014, three (3) members of "Crimson Crowbar" preformed at Quinn's Old Town Grill. A pre-citation/Notice of Violation was issued on January 23, 2014, directing you to cease all live entertainment as set forth in Tustin City Code Section 3231 until such time as a Conditional Use Permit (CUP) is obtained. TCC 3231: "Live entertainment permit required" states that "No person shall establish, set up, maintain, conduct, or carry on any live entertainment for pay or for no charge, without first having obtained a live entertainment permit from the Director" Therefore, an administrative Citation in the amount of $100.00 has been issued to both Responsible Parties for violation of TCC 3231. You are hereby directed to cease all live entertainment until such time as a CUP can be obtained. Please note that a second administrative citation in the amount of $200.00 will be issued to each responsible party pursuant to TCC 1162(a) or further legal action (reference Exhibit A attached hereto for further information) if further evidence of a violation is provided to the City. Any person may appeal any decision of the enforcement officer in accordance with Tustin City Code 9294. If you have any questions regarding obtaining a "Live Entertainment Permit" please contact the Planner of the day at 714-573-3140. If you have questions regarding this letter please contact me at (714) 573-3134. 300 Centennial Way, Tustin, CA 92780 0 P, (714) 5733100 1 f (71.1) 573-3113 + www.nistinca.ore Sincerely, /) )1 1j Georg W. Wiesinger Code Enforcement Officer Attachment: Exhibit A Administrative Citation Information TCC Part 3 Live Entertainment Regulations CC: Elizabeth Binsack, Director Community Development Dana Ogdon, Assistant Director Building Amy Stonich, Senior Planner City of Tustin ADMINISTRATIVE CITATION CITATION NO. ACE UBDOPDOWD (.� O 1� ,) j ,'3 Date of dtation issuanceDay of week Lme M . M Q:H�U P :ocadon of vlo. non. laCs' C l C;am1.W 464Name (FFlrst, M{. le, Last): It }( CO DL or!D# DDB ,HeRht/Weight Map/ng address: Street City state Zip _ .0. &x 6014 jdApS a W. '37416- Q Business Owner OPrcperty Owner 0repent OOther TUSTIN CITY CODE (TCC) VIOLATION: TCC Section Description 0 TCC 5502(6) Any condition which esdsts upon any premises that is dangerousto human life is detrimentai W health. 0TCC5S02(mN1) WIFinaintenanceof landscape, dead or overgrown vegetation prohibited, OTCC5502(a) Abandoned/Inoperab4vehic!esordisnrdedproperty prohibited, 0 TCC4901IPIc1t connections and prohib:ted ditcimges. �7 iii-143.c..7.Lc;.�J� C+WC GJit:"h7.WrstC+J�"7L'TM� The responsible person(s) �sha�l�l correct or otherwise remedy any/all Volations listed herein by a+a�naL4�arM pay an administrative gyre within thirty (30) days of the d e of citation issuance (noted above) as Prescribed in the administrative fine schedule below. Fines must be paid in full by the compliance date to avold addltbnal penalise. 0MINISTMTNE NNE SCHEDULE TCC CODE VIOLATION (Not Building and Safety Code) violation $100FINE X - O 2"violadon" $200FINE X -- 0 3 or more violations- $SOONNE X (Building and safety Code (TCC sac. 8100-8999) It 14 violation $100FINE X,,,_=Lex -I 2"ypi,ahon- $SDOFME X_ _ 0 3 or more violations• $1,000 FW TOTAL CITATION FINE AMOUNT DUE:$ ' AddMonal 111010 fon a/ the some ordinance Orpermit wither ane year S.gnature of Recipient - Date SSiign�alu-M of Enforcement CROker /� Typeo(5ennce t,g�,FLI! %JIC6L Y�gft. 5�-A 0 Personal Name nforcement cer p e No. & 0ept. N Mad 0 Post Contactphono: 17 A)S73- 34010 SEE REVERSE SIDE FOR PAYMENT AND OTHER INFORMATION wHITE: File. YELLOW! Recipient P or ON City of Tustin ADMINISTRATIVE CIT. Last): Street ACE OBDOPDOWD Day of week Lme Q auslness Owner OPropeny Owner OTenant ] Other ---� TUSTIN CITY CODE (TCC) VIOLATION: TCC Section Description 0 TCC 5502(6) Any condition which exists upon any premises that is dangerous to human Fife ar Is-detnrrtentaf to heakh. OTCC5502(m)(1) Non -maintenance offandscape, dead" overgrown vegetation prohibited. O TCC 5502(a) Abandoned/Inopereble vehicles or it scalded property prphibited. 0 TTCCCC44r90.11t191cit connections and prohibited discharge. l rld�Z� JG Ca.Tel+iCrw7s�t1'�' �♦yhT The responsible persons) shag 5grect or otherwise remedy any/all violations listed herein by LQ and pay an adminbtraliw line Within thirty (30) days of the date Of dtstbn issuance (noted above) as Prescribed In the administrative fine schedule below. Fines must be paid In NO by the compliance date to avoid additional oenaltles. TCC CODE VIOLAroN (Not Building and Safety Code) 0 Vvioladon $IDOFAE X_= 0 Ya violadori $200FINE X - 0 3 or more violations- $SOOFINE x—.— _ (Building and Safety Code (TCC Sec. 8100 -8999) # 1" violation $100 FINE X 1 O 2"4violadon" Worn % _ O 3 or more violations• $1000 FINE,)( _ TOTAL CITATION FINE AMOUNT DUE: $_ Date 4* Wi jr-- (per`,} 0 Personal Mame of E rcament Ofgc 8 lie No. & Dept. A Mad O post Contort phone: (714)573- SEEREVERASIDE FOR PAYMENTAND OTHER INFORMATION WHITE: file • YELLOW: Recipient 0 C. EXHIBIT A Administrative Citation Information In accordance with Tustin City Code (TCC) 1162(d), 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. Should an administrative citation be issued, the responsible person has thirty (30) days from the issuance date of the administrative citation to pay the corresponding citation fine(s), Should a citation not be paid by the responsible party in the time specified therein, a penalty shall be assessed upon any administrative citation as follows: 30 days from the date of issuance, a penalty assessment shall be assessed in addition to the original amount by fifty percent (50%); should the responsible party not pay the citation and penalty after another 30 days, said citation shall increase by an additional fifty percent (50%). The responsible person must take one of the following actions to avoid additional penalties prior to the compliance date specified in the administrative citation: 1. Correct the violation, pay the corresponding fine(s), and contact the City to request a re. inspection, or 2. Pay the corresponding fine(s) and request an extension of time in writing pursuant to TCC 1165(b), which shows a reasonable hardship; or 3. Request a hearing to appeal the administrative citation pursuant to TCC 1166 within ten (10) days from the date of the administrative citation, together with an advanced deposit of the corresponding fine(s). Request for Hearing forms and other information on administrative citations may be obtained on the City's website at www.tustinca org. Administrative Citation Information <iS This administrative citation shall serve to inform the responsible person(s) of compliance requirements pursuant to the Tustin City Code (TCC) and/or other applicable codes, laws, permits, and/or conditions. In accordance with TCC, a civil fine shall be assessed by means of an administrative citation as indicated in the Administrative Fine Schedule of this notice. Failure to correct/remedy the violation and failure to pay the assessed fines of this notice may result in further legal action including filing criminal or civil action and/or abating 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. Required action: The responsible person has thirty (30) days from the issuance date of the administrative citation to pay the corresponding fine(s). Should a citation not be paid by the responsible party in the time specified therein, a penalty shall be assessed upon any administrative citation as Follows: 30 days from the date of issuance, a penalty assessment shall be assessed in addition to the original amount by fifty percent (50%); should the responsible party not pay the citation and penalty after another 30 days, said citation shall increase by an additional fifty percent (50%). The responsible person must take one of the following actions to avoid additional penalties prior to the compliance date specified in the administrative citation: 1, Correct the violation and contact the City to request a re -inspection prior to the compliance date; or 2. Request an extension of time in writing pursuant to TCC Section 1165b which shows a reasonable hardship; or 3. Request a hearing to appeal the administrative citation pursuant to TCC Section 1166. How to pay the fine: The amount of the administrative fine must be paid in the form of a personal check, cashier's check, money order, or credit or debit card. Payment of the fine does not excuse or discharge any responsibility and/or legal consequences for continuation or repeated occurrences of the violation(s). Make check or money order payment payable to the City of Tustin and indicate the citation number on the check. Payment will not be accepted at City Hall. Send payment to: City of Tustin, c/o Citation Processing Center, P.O. Box 7275, Newport Beach, CA 92658 For credit or debit card payment, call 1(800) 969-6158 or go to www.citationprocessingcenter com Information regarding the specific citation and compliance: For further information regarding payment or appeal of this citation, please call 1(800)969-6158. For information regarding the compliance order or the specific citation, please contact the Enforcement Officer designated on the front of this notice. Request to appeal: Any recipient of an administrative citation may contest the cite by filing a Request for Hearing Form, together with the advance deposit of the fine imposed, and returning it to the Citation Processing Center (above) within ten (10) days from the date of issuance. A hearing will be set before a Hearing Officer at which time the responsible person may contest the citation (TCC Sec. 1166). Additional information: City website at www.tustinca.org PART 3 LIVE ENTERTAINMENT 3231 LIVE ENTERTAINMENT PERMIT REQUIRED 3232 REQUISITES FOR LIVE ENTERTAINMENT PERMIT 3233 INVESTIGATION 3234 APPLICATION REQUIREMENTS 3235 EXEMPTIONS 3236 REGULATION OF LIVE ENTERTAINMENT 3237 MODIFICATION OF PERMIT 3231 LIVE ENTERTAINMENT PERMIT REQUIRED No person shall establish, set up, maintain, conduct, or carry on any live entertainment for pay or for no charge, without first having obtained a live entertainment permit from the Director. Sexually oriented businesses, including entertainers or performers, must obtain special permits pursuant to Tustin City Code Section 3900 et seq. C7rd No 1252 Sec. ll. 6-J 02) 3232 REQUISITES FOR LIVE ENTERTAINMENT PERMIT A person shall be disqualified from receiving a permit pursuant to this Part if he or she has been convicted of illegal drug usage, drug dealing or prostitution within the last five (5) years. No person shall be eligible to receive a live entertainment permit until such person has obtained a valid conditional use permit for live entertainment pursuant to Tustin City Code Section 9270(b). (Ord. No 1252, Sec II, (3-3-02) 3233 INVESTIGATION Upon receiving an application for a live entertainment permit, the Director shall cause to be investigated: the applicant, the place where the entertainment is to be presented, the type of entertainment proposed, and if the place is suitable for the type of entertainment proposed. The Director shall approve or conditionally approve the permit for such entertainment if the following determinations are made based on the required investigation: (1) The entertainment proposed is not unlawful; (2) The place where the entertainment is to be presented is suitable for the type of entertainment proposed; and, (3) The applicant is eligible and not disqualified from receiving the live entertainment permit. Ord. Hn. 'It!5'', '. c Ii. Ci -3 0?i 3234 APPLICATION REQUIREMENTS In addition to all other information requested on the application form, the applicant shall file all of the following with the Director: (1) The names of any cc -owners, partners, silent partners, financial supporters, and/or investors; (2) A list of at least ten (10) entertainers with their names, addresses, phone numbers, business names, and the dates and locations or places where they worked for the applicant; and, (3) Any other names by which the applicant is known or done business as (dba). I0,d Pio 12152, Sar, Il. g.;; -t;2) 3235 EXEMPTIONS A live entertainment permit shall not be required for the following: (1) For single performers, duos, disc jockeys, or karaoke singers; (2) For the use of a radio, record, tape, compact disc player, juke box, or television receiver; (3) For the use of a piano, organ, or keyboard in any establishment; (4) For any entertainment provided for members and their guests at a private club where admission is not open to the public; (5) For entertainment conducted in any theater holding a valid business license; (6) For entertainment conducted or sponsored by any religious organization or by any bona fide nonprofit club, society, or association, organized or incorporated for benevolent, charitable, dramatic, or literary purposes having an established membership and which holds regular meetings other than such entertainment at regular intervals, when the proceeds, if any, arising from such entertainment are used for the purposes of such club, society, or association; and, (7) For sexually oriented businesses, which are regulated by Tustin City Code, Section 3910 et seq, (()id _ No 1252. Sea. II, 3236 REGULATION OF LIVE ENTERTAINMENT a Transferability The live entertainment permit shall be nontransferable to any other person even if the type of live entertainment proposed is identical to the live entertainment authorized by a previous live entertainment permit for the same location and even if the entertainment has been provided continuously. If the ownership of a business at which live entertainment has been conducted changes such that the person in receipt of a live entertainment permit is no longer an owner, co-owner, or partner of the business, the presentation of live entertainment shall cease until a live entertainment permit has been issued to an owner, co-owner, or partner. b Visibility Stage or entertainment areas shall not be open to view from outside the premises. C Employees No business operating with a valid Live Entertainment Permit shall have any employee who has been convicted of illegal drug usage, drug dealing or prostitution within the last five (5) years, rlt7 1262 II. 6=3-02} 3237 MODIFICATION OF PERMIT Whenever a permittee intends to present a different type of live entertainment than that authorized by a live entertainment permit, the permittee shall so advise the Director in writing and shall furnish such additional information as may be required. The Director may in his/her discretion authorize the permittee to present the requested type of entertainment without requiring that application for a new permit be made, Any such authorization shall be in writing and shall specify the conditions of the modified permit. (Orel. No 12-152) Ser, Il, 6-$1121 a N LL T M Cl) 9 9 LL 0 � �E 512T 9964 T000 OT92 9004 El 8 $ 2221 996? T000 OT92 9p0? 0 � �E 512T 9964 T000 OT92 9004 EXHIBIT 7 v City of Tustin ADMINISTRATIVE CITATION CITATION NO 'lrr nanitonr rurn r : + I f^ v.� Date of citation issuance Day of week Time `AM PM Location of violation: - Name (First, Middle, Last): i I Mailing address: Street City State Zip t - E? Business owner JProperty Owner JTenant ❑Other TUSTIN CITY CODE (TCC) VIOLATION: TCC Section Descriphon J TCC 5502(6) Any condition which exists upon any premises that is to human life or is detrimental to health. _ f J TCC 5502(m)(1) Non -maintenance of landscape, dead or overgrown vegetation prohibited. J TCC 5502(x) Abandoned/inoperable vehicles or discarded property prohibited. J TCC 4901 Illicit connections and prohibited discharges. J U OMPLIANCE ORDER nsirson(s) shall correct or otherwise remedy any/all violations in.- I. , ' . I, and pay an administrative finerty days of the date -of citation issuance (noted above) as inadministrative fine schedule below. Fines must be paid inconce date to avoid. additional penalties.ADMfNISTRATIVE FINE SCHEDULEDE iW$500FINEX—__ VIOLATION (Not Building and Safety Code)1"tion $100 FINE % -_"'0on' - $200FINE X_-_ oe violations' $SW FINE % -_ding and Safety Code (TCC Sec. 8300-8999)" on $f00FINE % - i':�`"'on $W $500FINE X_-_ J 3 or more violations' $1,000 FINE X_-_ TOTAL CITATION FINE AMOUNT DUE: $ " Additional violation of the some ordinance or permit within one year re of Recipient: Date f e'of Enforcement OfficertType fName of ServiceJPersonal Enforcement Officer Badge No. & Dept. 0Mail J Post phone: 17?4t;73- I'll GST ^ City of Tustin Request for Hearing Form The recipient of an administrative citation may contest the icitation by filing a Request for Hearing form. Complete the following information and return this form, together with the advanced deposit of the citation fine imposed, within ten (10) calendar days of the date of citation issuance. 1 hereby request a hearing to appeal an Administrative City Code (TCC). Appellant Name: Mailing Address: 4 . 4vt-n.erya City: Jilt/ i° �2cr'vt� Contact Telephone: /L/ -73 / Z 2.6 3 F E-mail address: pursuant to Section 1166a of the Tustin State: 12 Zip: Z Please complete the following informationasIndicated o the Administrative Citation Citation Number; (check one) [VE'11 BD ©PD ©WD `5 (2 letters and 6 numbers) Date of Citation Issuance: a 1 2-t Administrative Fine Amount Enclosed; p a Tustin City Code Section 1166a requires that the adminitrative fine amount indicated on the front of the Administrative Citation is submitted at the time of the�appeal. Specify the basis for the appeal in detail(You may use 4s many additional sheets as necessary): civ tV,ur1 o e4-e-2.o1"tr11 2 -_7 ¢2! -(t0 A S �} Aj �J lc c e c' �J<�v <`^v t fit, L G C r.9 7e ` J tae [~ Ate? �4 ?ter, irAl-CSF- t 0-1 Signature; Print Name: Mail this Request for Hearing form and the citation fine check or money order within ten (10) days of citation is; City of Tt c/o Citation Proce P.O. Box' Newport Beach, C, /LO �V ro Nom. e N L Date: d "� Tite: e47CnL! j'r( 7vt t it in the form of a personal check, cashier's to: Center c7 (Ii TUSTIN CODE ENFORCEWENT CITATION INFORMATION CENTER P.O. BOX 7275 NEWPORT BEACH, CA 92658 Dean Conzaman 405 EI Camino Real Tustin, CA 92780 Date: 3/6/2014 Agency: TUSTIN CODE ENFORCEMENT Dear Appellant: Citation Number(s): Case Number(s): Responsible Party: CE000334 APPLEBEL, WILLIAM 'Phe TUSTIN CODE ENFORCEMENT has reviewed your citation appeal(s), and has approved your administrative hearing(s) to proceed. You will be notified to days prior to the hearing(s) of the time, place and date of (he hearing(s). if you wish further clarification on this matter, please call our offiee at (800) 989.2058 between the hours of 8:00 AM and 5:00 PM, Monday through Friday. Thank You cc: TUSTIN CODE ENFORCEMENT ATTACHMENT 1 and 2 1 ZONING ADMINISTRATOR ACTION 97-002 CONDITIONAL USE PERMIT 96-042 2 JANUARY 20, 1997 3 The Zoning Administrator of the City of Tustin does 4 hereby'resolve as follows: 5 I. The Zoning Administrator finds and determines as follows: 6 71 A. That a proper application, Conditional Use Permit 9.6-042, was filed by Ralph Sanchez, to 8 authorize the expansion of an 'existing restaurant and modification to the outdoor 9 dining area to permit the sale of alcoholic beverages located at 425 E1 Camino Real. 10 B. That a public hearing was duly called,noticed 11 and held on said application on January 20, 1997 by the Zoning Administrator. 12 C. That Conditional Use Permit 92-020 was 13 approved by the Planning Commission in 1992 to authorize the establishment of a restaurant 14 with alcoholic beverage sales and outdoor dining area. 15 D. That the proposed use is allowed in the 16 Central. Commercial - Parking and Cultural Resource Overlay (C2 -P & CR) District subject 17 to the approval of a Conditional Use Permit (City Code Section 9233). 18 E. That the subject property is located within 19 the Town Center Redevelopment Project Area and the design and improvements proposed are consistent with the Plan. 20 211 F. That establishment, maintenance, and operation of the use applied for will not, under the 22 circumstances of this case, be detrimental to the health, safety, morals, comfort or general 23 welfare of the persons residing or working in the neighborhood of such. proposed use; evidenced by the following findings: 24 25 1. The proposed site is located within an existing multi -tenant commercial center. 26 The proposed exterior modifications to the outdoor dining area are compatible in 27 design with the existing improvements on the site and will enhance the pedestrian 28 environment of the downtown area. 3 4 5 6 7 8 .9 10 11 12 13 14 15 16 17 18' I] 20 21 22 23 24 25 26 27 28 Zoning Administrator January 20;' 1997 Page 2 Action 97-002 2. The proposed alcoholic beverages sales on the outdoor patio ,will be confined to patrons of the establishment by the wrought iron fencing and access will be provided only through the restaurant. 3. As conditioned, there is adequate parking for the increased seating through the use of on-site parking and the Stevens Square Parking Structure. 4. The sale of alcohol would only be authorized in conjunction with a restaurant use. Sales of beer and wine will be permitted only when food is available. Food provided will be prepared on the premises. 5. All persons serving beer and wine will be eighteen (18) years of age or older and supervised by someone twenty-one (21) years of age or older. The supervisor will be present in the same area as point of sale. 6. As conditioned, the applicant will not provide any type of outdoor speakers or amplification that would create noise outside. G. That the establishment, maintenance, and operation of the use applied for will not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin for the reasons stated above. H. This project has been determined to be Categorically Exempt (Class 3) pursuant to Section 15303 of the California Environmental Quality Act. 1. That the project has been reviewed for consistency with the Air Quality Sub -element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub -element. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Zoning Administrator Action 97-002 January 20, 1997 Page 3 II. The Zoning Administrator hereby approves Conditional Use Permit 96-042 to authorize the expansion of an existing restaurant and modification to the outdoor dining area to permit the sale of alcoholic beverages located at 425 E1 Camino Real, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 20th day of January, 1997. Rick Brown Zoning Administrator's Designee BARBARA PEYES Recording Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No., 97-002 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 20th day of January, 1997. BARBARA REYES Recording Secretary ,,,, a ri EXHIBIT A ZONING ADMINISTRATOR ACTION 97-002 CONDITIONS OF -APPROVAL CONDITIONAL USE PERMIT 96-042 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped January 20, 1997 on file with'the Community Development Department, as herein modified or as modified by the Zoning Administrator in accordance with* this Exhibit. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of a business license for the business, subject to review and approval by the Community Development Department. (1) 1.3 Conditional Use Permit approval shall become null and void unless all required, permits are issued, a business license is obtained and operations begin within twelve (12) months of the date of this Exhibit. (1) 1.4 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge to the City's approval of this project. (1) 1.5 Approval of Conditional Use Permit 96-024 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed^ form as established by the Director of Community Development. (1) 1.6 The applicant shall enter into a lease agreement with the Tustin Community Redevelopment Agency for participation in the Agency's parking structure for a minimum of eighteen (18) parking spaces required above and beyond that provided on-site, calculated at a rate of one (1) space for every three (3) seats. said lease agreement shall be executed prior .to the issuance of any building permits. (1) 1.7 A Certificate of Appropriateness shall be issued by the Community Development Department prior to issuance of Building permits for the patio modifications. SOURCE CODES (1) STANDARD CONDITION (5) SPECIFIC PLAN (2) EIR MITIGATION (6) RESPONSIBLE AGENCY REQUIREMENT (3) UNIFORM BUILDING CODE/S (7) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (8) PC/CC POLICY *** EXCEPTION Exhibit.A Zoning Administrator Action 97-002 January 20, 1997 Page ,2 (1) 1.8 The authorization for sale of alcoholic beverages on the patio area shall become null an void unless written approval by'the ASC is submitted to the City. (1) 1.9 All conditions of Planning Commission Resolution No. 3057 shall be complied with, unless herein modified. USE RESTRICTIONS (3) 2.1 No off-site consumption of alcohol for any. type of ABC license is authorized. All alcoholic beverages shall be consumed on-site. (2) 2.2 .Hours of sales of beer and wine shall be limited to the hours when food is available. Menu items shall be available in the restaurant during business hours. (2) 2.3 The menu of the restaurant shall consist of foods that are prepared on the premises. (5) 2.4 Any Health Code or other violations, as determined by the County of Orange Health Care Agency, may be grounds for revocation of this Conditional Use Permit. (2) 2.5 Authorization for the on-site sales of beer and wine (ABC License Type "4111) is contingent upon the use of the subject premises remaining a restaurant. Should this use change or.be discontinued, authorization for this use Permit is null and void. (2) 2.6 All persons selling alcoholic beverages shall be 18 years of age or older and shall be supervised by someone 21 years of age or older. A supervisor shall be present in same area as point of sale. (4) 2.7 A maximum of 92 seats is authorized for the restaurant. The number of seats shall not be increased unless the property owner demonstrates, through the submittal of a parking and land use summary, or as otherwise authorized by current provisions of the Tustin City Code, that an adequate number of on-site parking spaces are available to accommodate additional seating for the restaurant. (4) 2.8 The applicant shall provide signage within the restaurant space advising patrons of the availability of parking in the City's parking structure. ( Exhibit A• Zoning Administrator Action 97-002 January 20, 1997 Page 3 OUTDOOR SEATING (4) 3.1 The outdoor seating area shall maintain a minimum of four (4) feet between the tables and chairs as required by the Uniform Building Code and ADA. (7) 3.2 .Lighting shall be - provided to illuminate the 'outdoor seating area as required by the Tustin Security Code. Details shall be submitted for review and approval at Building Plan Check and all fixtures shallbe architecturally compatible. (7) 3.3 Catalog cuts and/or details'of the furniture proposed for the outdoor seating area shall be submitted for review and approval at Building Plan Check and the materials/finishes shall be architecturally compatible. .(7) 3.4 The use of awnings, umbrellas, wrought iron fencing, plants and other human scale elements is encouraged to enhance the pedestrian experience.Elevations, material and color samples shall be submitted for review and approval by,the Community Development Department during Building Plan Check. PLAN SUBMITTAL (3) 4.1 Specify the type of construction and group of occupancy (A-3) of the building on plans. (3) 4.2 The site plan shall be modified to comply with the attached checklist for the location and number of disabled parking spaces and show all the requirements on plans. (3) 4.3 Delineate the disabled path of travel from the street side -walk and disabled parking spaces to the entrances of the building. (3) 4.4 The existing toilets in the expanded area shall be made accessible and usable by disabled persons. (3) 4.5 Provide an exit analysis of the entire building (existing and addition) showing but not limited to the number of occupant load in each area, exit and directional signs, swing of exit doors in the direction of exit travel with panic hardware, etc. (3) 4.6 Note on plans, to post the occupant load of the building. r ( ( fr� tt� Exhibit A Zoning Administrator Action 97-002 January 20, 1997 Page 4 (3) 4.7 The interior tenant improvements connecting the two .tenant spaces shall be completed prior to enclosing the patio area. FEES (1) 5.1 Prior to the issuance of any building or sign permits, payment shall' be made of all applicable building plan check and.permit fees and sign design review fees to the Community Development Department. (1) 5.2 Within 48 hours of approval of the subject project; the applicant shall deliver to the Community Development Department, a cashiers check payable to the COUNTY CLERK, in the amount of thirty-eight dollars ($38.00) to enable . the City to file with the County ,Clerk, the appropriate environmental documentation pursuant to the California Environmental Quality Act. If within such 48 hours period, the applicant has not"delivered to the Community Development Department the above noted check; the approval for the project granted herein shall be considered automatically null and void. t ACKNOWLEDGMENT State of.Califomia County of On 611 o2/ 2ec / , before me, Prte n�f personally appeared MARIA ELENA GARCIA Commisalon • 1317014 Notary Public- Califomio Orance county kN Comm. Ejow Oep IL zoos pleee NMary Seal AEove I ss. `arsanally knewn le me roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) jelare subscribed to the within instrument and acknowledged to me that t)4/sp6/they executed the same in hjd/hgdtheir authorized capacity(ies), and that by lro/hO their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. / OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Title or Type of C Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer ! n ,,SSiig��ner's Name: gena /.Ze r' ?i'U/✓/ d' ��� l L O.'� - :.• Indlvidual e Top of Ihurlb here O Corporate Officer —Title{s): _ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer is Representing; O 1997 Nonoral Notary Association • 9350 Do SMG Ave., P.O. Box 2402 • Chatrw h, CA 913132402 Prod. No. 5907 Reorder. Call Toll -Free 1-1300.p76M27 AGREEMENT TO CONDITIONS IMPOSED I, the undersigned, hereby agree to comply with all conditions imposed by the City of Tustin Planning Resolution No. 3057 and Zoning Administrator Action 97-002 (attached) for approval of on-site alcoholic beverage sales in conjunction with serving food within an existing restaurant at 405 EI Camino Real with a maximum of ninety-two (92) seats, including indoor and outdoor seats and barstools. WWI Signature, Jennifer EI Camino Grill o� i?c�c Signature, Phil Cox Property Owner "SEE ATTACHED CERTIFICATE'' . Incompletion of the Application _ r' City of Tustin wi$ caus6-a delay in processing. Business 00 Cee Application L 300 Cateaaial Way L D O AX 71, CA -3129 D 714q67Q3-3144 PAX 714-573-3129 Business Name* t: rR �jOhl{t �� )Zts f O l,Z AA1 1� 1 1 ,5C1S `i `t 7— *(If other than surname, includf a copy of your approved Fictitious Business Name statement filed with the County Clerk,) Business Address 40S i 4Z5 FL- C9a1q 1 oV O PLifiC. Suite Number (Use of Post Office or commercial mailbox for business address is a misdemeanor.) City %U Sc/ /y State 4fA Zip Code 9 2 Mailing Address oS �t C�fKIN /Z �fl Suite No. 9 City I U S ! I A) State(, Zip Code �j7 Z 7//�O Business Phone (7/4) 6Y ?TrO Cell Phone 1�� 93,6 / 3)93 FAX /c e6i 27' --9 Seller's Permit No. 100 - 62 1 l�4 Your E-mail Address i (If City of Tustin address, include copy of seller's permit showing Tustin location,) WEB SITE Nature and Type of Goods Sold: Number of Employees at this location---6- I ocation,6 I A -L, 10 N 4�)06 If you are a landlord, Provide a tenant roster. Business Activity (Please be specific) Business Type (check one) ❑ Sole ownership / Independent Contractor / Partnerships El Corporation / Corporate Identification No. (located on Articles of Incorporation) State jg LLC Identification No, 700$'7.0110 23a State CC State Employer Identification No. Federal Identification No. 20 -33 % z% + Tax and Revenue Code requires taxpayer identification, complete the following. If Corp/LLC, use Officer. RESIDENCE ADDRESS OF RESPONSIBLE PARTY IS REQUIRED. Name ACcQ71#Vhk0 0rA4A(jC"4b Driver's License No. , 60,=1 ?:5'02 Residence Address 3 N b 3 tr. Z City lQN 6 hd RCN GA Ta915 State _6 Zip Code qc)05 Emergency Phone ] =T If partnership, name partner below: Name Driver's License No. Residence Address Social Security No, City State Zip Code Emergency Phone Approximate Date of the Start of this business at this location in the City of Tustin I hereby declare, under penalty of perjury, that the foregoing information is true and correct. As a condition for the issuance of &,Ihed f agree to submit any additional information that may be required and to conduct all phases of this nfo c wit all applicablelaw' a se stoverifythatI by a firstday ofFebruary ted- Name and Title Date &E TAMSCHEDULE ENCLOSED. MAKE CHECKS PAYABLE TO THE CITY OF TUSTIN, ANY BUILDING CONSTRUCTION OR SIGN INSTALLATION WILL REQUIRE A BUILDING DEPARTMENT PERMIT. OFFICE USE:ONLY' PLN,1: „$LDG ''. VI Ii" FINE " iXE} E30)bl"I OF FEES' COI3LECTED ZONING : INITIALS e 41 F 01,310D //a U /Lq I 904 DATE 9•,y{,1.Q R` 9'019� R /s AMOUNT I CHECK #J DATE I IPI TIAL R, winncc\Ravland Fnrms 2002\BusAne `IP ANY VIOLATION OF THE TUSTIN CITY CODE AND/OR MISREPRESENTATION, FALSE,, MISLEADING, OR INCOMPLETE ANSWERS ON THIS FORM MAY CAUSE THIS APPLICATION TO BE DENIED OR RESCINDED. FEES ARE NOT REFUNDABLE. r Business Name G4, -boAf k4A- ; Telephone (71 4) 6��Z � S::) Approximate Square Footageof Business 0 0 Business Location 10 P L}2S r [ cAklolrp 4,R -t, ;ZS%/^i cy r(22 fb FILL IN THE PERCENTAGE OF EACH BUSINESS USE THAT APPLIES (BASED ON SQUARE FOOTAGE)—BASED ON 100 PERCENT, WHAT COMPRISES YOUR BUSINESS ACTIVITY. NUMBERS SHOULD ADD UP TO 100. S % S % % q0 % % % ❑ Yes Office [9 No Warehouse Industrial/R&D Retell Wholesale Service Is business your address also your home address? If Yes, please complete the supplemental home occupation questionnaire. ❑ Yes L. No Will you operate a social club, dating service, or escort service? ❑ Yes (2 No Will you provide and/or arrange live entertainment? ❑ Yes Q No Will you provide, arrange and/or produce adult entertainment and/or sell or rent adult oriented material? ❑ Yes WNo Will you provide billiards, pool, bagatelle, bowling alleys, or more than five (5) pinball or electronic games? ❑ Yes [WNo Is your firm a private patrol service? ❑ Yes No Does a patrol service work for you?l Name and address of service: `.Lt S SG`GU✓1-Li 7 es ❑ No Will your business have a security alarm system? - Name and address of alarm company: ❑ Yes R No Will you provide massage therapy or operate a bath, sauna bath, or massage establishment? ❑ Yes ® No Will your business sell, manufacture, or have mail order adult books, lingerie, toys, or novelties? ❑ Yes [R No Will you operate an antique store or business that buys or sells used items? If Yes, please cortiplete the supplemental used merchandise affidavit. ❑ Yes ® No Will you operate a business that involves pawn? ❑ Yes U No Will you operate a business that involves brokering, buying, selling, or trading automobiles or other motorized vehicles, whether running or not? ❑ Yes 2 No Will any merchandise be displayed outside the building? ❑ Yes ❑ No Will your business sell beer, wine, and/or other alcoholic beverages? ❑ Yes ® No Will you sell firearms? ❑ Yes ® No Are you adding or removing any doors, windows, walls, or partitions? ❑ Yes ® No Are you modifying, adding, or removing any plumbing, mechanical, or electrical system? ❑ Yes No Will any accessory sheds, canopies, awnings, or other exterior structures be installed for this business? ❑ Yes No Will you be constructing any signs (temporary or permanent) outside the building? ❑ Yes ❑ Yes ® No No Will you be storing any materials outside the building? Wti you be str riftj�ari�ommercial vehicles, tools, or equipment on-site? ❑ Yes No Will you have any aboveground or underground tanks? ❑ Yes No Will water be used in your manufacturing or processing? ® Yes ❑ No Will your business involve cooking on a commercial stove or fryer? ❑ Yes [9 No Are you installing a new commercial hood or fire protection system? .�. El Yes [9 No Will the business provide training or classes at your business location to anyone not employed by the business? If renting a building, office, or space, to whom will or do you pay rent? PN I L C i0 „ r �s9 Owner/ Management Company Name ��(s P.�. ay.iu65,o2 (�,�) �? � Address Telephone When does or will your current lease end? How many units do you or will you lease at this location? ❑ Yes [$ No Will you be sharing this location with another business? Your business location will be checked by the zoning, building, water, police, and fire departments. If you have any doubt that your business location, activity, and/or building does not conform with the requirements of the Municipal Code, please contact these departments for further information before filing this application or entering into a Lease Agreement. I understand that is a cation and payment of tax does not license me to operate until I have fulfilled all the regtltl��rgQnts the stin Municipal Code, Knalty of perjury that I have read and understand the above statements. (904) �L P%ntNaend T4/ lt/ Date 6F9 pZ �5 RudnnxclRnNcntl F -m MUS -1 011- 11. PERMIT SCREENING O.7 ORANGE COIJNTY FIRE•' • •. • u.U &VJ L, Q �JA P. M' &W -..L • •I I I I= • ••• CLt it uL . 14A This questionnaire was developed by the Orange County Fire Authority (OCFA) in conjunction with the South Coast Air Quality Management District (SCAQMD), and the County of Orange Certified Unified Program Agency (CUPA) to facilitate review of your plans, the issuance of required building and fire permits, as well as issuance of your Certificate of Occupancy, This form will; 1) Determine your need for compliance with federal and state mandated Community -Right -to -Know laws. These laws pro- hibit the issuance of a Certificate of Occupancy to a business that will handle hazardous materials unless the business has met or is meeting the requirement to file a chemical inventory disclosure packet with the OCFA. These laws may require a Risk Management Plan to be filed with OCFA if the facility will handle certain regulated substances. These laws also govern the permitting of a facility handling certain regulated substances to be constructed within 1,000 feet of a school (K-12), general acute care hospital or long term care facility; 2) Determine your need for compliance with state mandated AQMD laws; 3) Determine your need for compliance with specific Uniform Fire and Building Code requirements which may affect the building design, plan submittal, permit issuance or obtaining a Certificate of Occupancy; and 4) Determine your need for compliance with state mandated hazardous materials regulations. To'determine whether your business is subject to any of these regulations, please read, complete and sign this questionnaire. Most questions require only a "yes" or "no" response. Print legibly, preferably in black ink, a P�onr�r, Ali iv+7) i5 - yrs 4Alaw 6,D6A 1 A-ciowir ( 714 to Business Name Contact Person Phone WO c .S(ff2N oNG 6c4cr-e C�4 408 15 Mailing Address City State Zip N (A 12 � Site Address df Proposed Facility City State Zip YL-�THfJ,C� Describe the business operation, activity, or process (e.g. semiconductor fabrication, auto repair - oil changes, wholesale pool supply, restau- rant, etc.). If you require assistance in the completion of this form please contact OCFA, Planning & Development Services at (714) 573-6100. OFFICIAL USE ONLY ISSUING DEPARTMENT: REASON FOR SUBMITTAL: ❑ Planning ❑ New building ❑ Building ❑ Tenant improvement and/or upgrades to building or site ❑ Business License ❑ New business, no tenant improvement ❑ Fire ❑ Business relocation ❑ HCA/CUPA ❑ Business owner change only ❑ Other ' ❑ Fire Authority plan approval required. Hold permit for OCFA approval. O No Fire Authority plan approval required. Route form to OCFA, ❑ Fire Authority Community Right -to -Know (Hazardous Materials Services Section) approval required. Hold Certificate of Occupancy for Fire Authority approval. ❑ SCAQMD Approval required. Hold Certificate of Occupancy for SCAQMD clearance. City Permit # Business License # FIRE AUTHORITY PERMIT SCREENING QUESTIONNAIRE Please answer Itll of the following questions: ' Will you conduct any of the following processes on site or use, atom, handle any of the following materials? (Check all that apply): AGREE YES NO 55 gallons of liquid, 500 pounds of solid or 200 cubic feet of compressed gas at any one time? ❑ ® +AEROSOL PRODUCTS (storage in excess of 500 pounds net weight) 9 ❑ ASSEMBLY OCCUPANCY (50 or mom people gathered for drinking, dining, education, religion, etc.) ❑ D AUTOMOBILE WRECKING YARD ❑ q +BATTERY SYSTEMSISTORAGE/CHARGING ❑ 9 COMBUSTIBLE FIBER STORAGE 100 cubic feet (includes fibrous materials such as notion, baled wastepaper, straw, spanlah sou, etc.) ❑ 9 COMBUSTIBLE MATERIAL STORAGE 2500 cubic feet (empty packing cases, boxes, barrels, rubber or cork, etc.) 131C,}' +DRY CLEANING OPERATIONS ❑ DUST PRODUCING OPERATIONS (wood working, milling grinding, pulverizing, grain elevator, flour mill, etc,) ❑ GARAGE, MOTOR VEHICLE SERVICEfREPAIR OR FUEL -DISPENSING STATION ❑ ®' +HAZARDOUS MATERIALS (see Attachment A for list; a hazardous material is Any chemical which is required to have a material safety data sheet (MSDS), including petroleum products) ❑ W HIGH PILED COMBUSTIBLE STORAGE (top of storage is greater than 12 feet or 6 feet for plastics, tires and flammable liquids. ❑ X +INSTALLATION OF ABOVE OR BELOW GROUND TANK, PERMANENT OR TEMPORARY ❑ 5Z LIQUIFIED PETROLUEM GAS ❑ MATCHES (manufacture or store in excess of 14,400 individual matches) ❑ *MEDICAL GAS INSTALLATION ❑ ❑ OVENS, INDUSTRIAL BAKING OR DRYING (equipment used to dry or bake goods other than food products) ❑ +REFRIGERATION EQUIPMENT (fixed system in which a refrigerant is circulated for the purpose of extracting heat) ❑ 1p +SPRAYING OR DIPPING OPERATIONS (Flammable or combustible liquids applied with a sprayer or used in tanks) ❑ lk TIRE STORAGE (500 square feet or more) or tire recapping Cl IR • WELDING AND CUTTING OPERATIONS ❑ This is a "Spec" building. I do not know what operations will be conducted, ❑ I will potconduclanyoflhe aboveoperedons cruse,store,handle, ordispiay MY hazardous materials/chemicals in the operation ofmy business, * NOTE: An OCFA Chemical Classification Packet may be required with the plan. Call (714) 573-6100 for a copy of the packet. YES NO 1. ❑ IR Will you or the future building occupant store, use or handle hazardous materials/chemicals in quantities equal to or greater than 55 gallons of liquid, 500 pounds of solid or 200 cubic feet of compressed gas at any one time? 2. ❑ far Will you or thefuture building occupant store, use or handle any amount of DOT Division 1.1, 1.2 or 1.3 explosive, highly toxic material, commercial grade pesticide or fertilizer, or unso&Ied radioactive isotope (see definitions in Attachment 8)? 3, ❑ Will you or the future building occupant atom, use or handle soy amount of carcinogen or any chemical with a component that is a carcinogen m defined by California law (list avai able ll Fire Authorily/HMSS at 714 578-6250)? 4, ❑ fj7 Will you or the future building occupant atom, use or handle any Extremely Hazardous Substance/Regulated Substance, as defined by California law (fist avallable—call Fire AuthorilyfHMSS at 714 573.6250)? S. ❑ &L If you or the future building occupant will be handling any Extremely Hazardous Substance/Regulated Substance, will the business be located within 1,000 feet of the outer boundary of a school, general acute care hospital or long-term health care facility? 6. ❑ ❑ You must complete Attachment C. page S. Did you answer "yes" to any question on Attachment C? SCAQMD permit required. 7. ❑ Eii) Will you be generating hazardous waste at your facility? Hazardous Waste Generator Program & ❑ [A Will you be treating hazardous waste on-site? Tiered Permit Hazardous Waste On -Site Treatment 9. ❑ e WIII you be operating underground tanks for the storage of hazardous substances? Underground Storage Tank Program 10. ❑ E�, Will you be opemdng aboveground storage tanks for storage of petroleum ptuducts?Aboveground Petroleum Storage Act Spill Prevention, Control & Countermeasure Plans A "Yes" imewer to questions 1, 2, 3, 4, or 5 requires you to complete a Hazardous Materials Disclosure Chemical Inventory and Business Emergency Plan — Contacl the Orange County Fire Authority at (714) 573.6250 to request this packet. A "Yea" answer to question 6 requires you to contact the SCAQMD at 1- eW-28&7664 for permit Information. A "Yea" answer to queshom 7, 8, 9, 10 requires you to contact the Orange County Certified Untried Program Agency at (714) 677.36W and ask for the CUPA Division. The owner or his/her authorized agent is responsible to ensure that all occurs, present and future, comply with the reporting and storage, use and handling requirements for any processes/materials described above, Note: A "No" answer to au of the above questions may subject your business to on-site verification by the Orange County Fire Authority. Failure to properly disclose your usage of hazardous materials may result in civil or criminal action being taken against you. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct, Z O c t�/fFeiDiCoy> IR C� e� Date Signature of owner or authorized agent Print Name and Title e0 F034 (111 Me) DISTRIBUTION; WHITE: FIRE • BLUE: FIRE/OCCUPA I PINK: OWNFRIMMIP4NT , n4Rn rnov. Pan nlun nPc r TOM DALY CLERK -RECORDER 12 CIVIC CENTER PLAZA, ROOM 106 POST OFFICE BbK 2s8 SANTA ANA, CA;D2702-0?38 FICTITIOUS BUSINESS NAME STATEMENT TYPE ALL INFORMATION AND DO NOT ABBREVIATE I FICTITIOUS BUSINESS NAMES) Business Phone (Optional) (AREA CODE) (PHONE NUMBER) A JCARBONARAFUSTORANTE IAJ FILING TYPE: 0 New Statement 11", Refile–List Previous No. r change Q ADDRESS OF PRINCIPAL PLACE OF BUSINESS Do NOT use a P.O. Box or a P.M.B. 11405 425 EL CAMINO REAL ITILISTIN CaliforniaII FFTa�o F— (STREET ADDRESS) (STATE) (ZIPCODE) (+ FOUR); FULL NAME OF REGISTRANT (1) I (If Corporation, enter Corp. name) SPOR LLC If Corporation /L.L.0 State of Incorporation or organization: 12760 S. HARBOR EILVD. SUITE I VEVWA ANA —7T RESIDENTIALidORP. ADDRESS (00 NOT USE A Pb. BOX) Calif r92704 -1 (CITY) (STATE) (ZIPOODE) I+ FOUR) FULL NAME OF REGISTRANT (2) 1 (if Corporation, enter Corp. name) if Corporation 1L.L.0 State of Incorporation or organization: RESIDENTIAUCORP, ADDRESS (DO NOT USE APO. 'BOX) (CITY) (STATE) (ZIPCODE) (+ FOUR) (CHECK ONE ONLY) This business is conducted by (- an indivdual r a general partnership r a limited partnership r an unincorporated association other than a partnership r co-partners r a business trust r a corporation r husband and Wife r joint venture M Umited liability co, r Other—Specify HAVE YOU STARTED DOING BUSINESS YET? r* No (' Yes It Yes, Insert the date you started: If Registrant Is NOT a corporation, sign —below: If Registrant is a Corporation, sign below: Signature Corporation Name SL L C - Signature and Title Print Name ---------------,�PrintNameandTite I declare that all Information In this statement Is true I I declare that all information in this statement is true and correct. (A registrant who declares as true information and ODMOCL (A registrant who declares as true Information which he or she knows to be false , is guilty of a clime.) Which he or she know's to be false is guilty of a crime,) F FICTITIOUS NAMESTATEMENT - ST EXPIRES FIVE YEARS FROM THE DATE FTWAS JFILED -1WTHE OFFICE6FTHECOUNTY .ERK-RECORDER. A NEW FICTITIOUS BUSINESS NAME STATEMENT MUST BE FILED BEFORE THAT DATE, THE FILING OF THIS ATEMENT DOES NOT F ITSELF AUTHORIZE THE OF A FICTITIOUS BUSINESS NAME IN VIOLATIONS OF E DOES E RIGHTS F ANOTH R UNDER FEDERAL, 3TA (SEE SECTION 14400 ET SEC.. BUSINESS AND PROFESSIONS CODE). yrig16a correct copy of the original on file in my office. (THIS FEE APPLIES AT THE TIME OF FILING) FILING FEE $23.00 FOR ONE BUSINESS NAME $7.00 FOR EACH ADDITIONAL BUSINESS NAME % _ _ -- ---- $7.00 FOR EACH ADDITIONAL PARTNER AFTER oRecorded in Official Records, Orange County Tom Daly, Clerk -Recorder 11 SINN IN 23.00 20056041036 10:22am 08/26105 78 103 F01 23.00 0:D0 0.00 0,00 0,00 0.00 ..,ur�n, ..vnor,..a.v�a�r car rL���yr nublNtJn jVll WMIGMI55VC17 CALIFORNIA STATE:. BOARD OF EQUALIZATION SELLER'S PERMIT Erb AGOONNI N01 iI R 9/1/2005 SR EA 100-629464 CAR90NARA RISTORANTE SPQR, LLC rwSJIUM11 071,4Nul 405 EL CAMINO REAL ALIMOHIA, riff 11r1u11t TUSTIN, CA 9278o-4305 t`isiN GOWivNrrvrn LAWS hV CNLA11ty; 11 FAI L I BUSINESS ()it tO J 1ADSSFSS O71 01111 11 ANY to r.W wvr;t, ISHERFBYAUlliURVtDPURSIIANI lU SALES ANOUSETAX LAW h, NCAA IN [Ht FA1sINFiS$OF G`.I! IN(ilMv(fl�ILF PW0NAL. Wada RIYAr IHFAIi LQ;.'OKN. iH1SPERMITLs VNIIILINNI Ill11UKI9OI'1 CANfkLFfteUfIs NOI Iry N%j 4Atr.it YUu SLLl y(MIHatmNiss. INiI%i(W Ol1i i,N A14VIHeti lil llP. NOIIFy lI50n VOL1 CGNlnal HISPfNJSIRII IfNi sA115ANnlist TAXIS AhIf VB/Ni fll M:Y nllx>/ IKNIrPSS MFn aY nil; NI W nP11VAIOW II I Ht "WINI SS. For general tax questions, please telephone our Information Center at 600.400.7115. For information on your rights, contact the Taxpayers' Rights Advocate office at 888.324-2796 or 916-324-2796. BC1.-1442-lill V, IAIIU-14Ij A MESSAGE TO OUR NEW PERMIT HOLDER As a seller, you have rights and responsibilities under the Sales and Use Tax Law. In order to assist you In your endeavor and to better understand the law, we otter the following sources of help: • Visiting our website at wtvW.twe,ca.gov • Vlsfmg a dis!nct office • Attending a Basic Sales and Use Tax Law class offered at one of our dlstril;t offices • Sending your questions in writing to any one of our offices • Calling our toll-free Information Oeri at 800-400-7115 As a seller, you have the right to issue resale certificates for merchandise that you intend to resell. Conversely, you have the responsibility of not misusing resale certificates. While the sales tax is imposed upon the retailer; • You have the, right to seek reimbursement of the tax (tarn your customer • You are responsible for filing and prying your sines and use tax returns tritely • You have the right to be treated in a fair and equdabie manner by the employees of the Board • You are responsible for following the regulations set forth by the Board As a seller, you are exi)ected to maintain the normal books and records of a prudent businessperson. You are required to maintain these books and records for no less than four years. and make them available for inspection by a Board representative when requested. You ale a'so expooted to notify us if you are buying, selling, adding a location, or discontinuing your business, adding or dropping a partner, officer, or member, of when you are moving any or all of your business locations. If It becomes necessary to surrender this permit, you should only do so by mailing it to it Board office, or giving it to a Board representative. If you would tike to know mole about your rights as a taxpayer, or If you are unable to resolve an issue with the Board, please contact the Taxpayers' Rights Advocate office for help by calling toil -free. 888-324-2798 or 916-324-2798. Their fax number is 916-323-3319. Please post this permit at the address for which It was issued and at a location visible to your customers. THE STATE BOARD OF EQUALIZATION Sales and Use Tax Depnrnnestt CITY OF TUSTIN TUSTIN POLICE DEPARTMENT APPLICATION: BURGLARY/ROBBERY ALARM PERMIT (TCC633) TYPE OF PERMIT: BUSINESS: Retail 0 Office ❑ Other - New V) Renewal ❑ Update ❑ RESIDENTIAL: Now C] Update❑ 7,4 66'f 2Q�-o ADDRESS C}O S L� ZS C1 C+t`rr/VD AeA-t_ ' )V N Cs+ QL 7�0 Phone: BUSINESS/RESIDENT NAME AA (L(7CD IVA&- �( � 110k, j ( t Tustin Business License If business, type of business: fi S7-Akj et If residence, business phone number: ALARM SYSTEM INFORMATION: Silent ❑ Audible ❑ Direct Dialer ❑ Other Installed/to be installed by: Company ® Individual ❑ Tustin Business License Name: f s J C-JX4 ;e7- No. Address: Phone: Does alarm activation notify an alarm service? Yes Pg No ❑ If yes, t Alarm Service: F (C=-e-tJ iu r 7 Phone Does alarm system receive maintenance service? Yes �Q No ❑ If yes, Service Company: :4 �� S (Ln�*PL.' q Phone: LIST 3 INDIVIDUALS WHO CAN RESPOND IF THE ALARM IS ACTIVATED (A 30 minute or less response time is requested.): 1. Name: _A CA S'f A D A,0 Cjz)CA-(A-C. 0 P- "` Phone: 7/ 2 2' � ca 2. Name: r f O i It (,C__CJ CC," I A Phone: (qq 3. Name: Will there the premises? Yes ❑ No [Z FEES: (Please submit with application - payable to City of Tustin) .BUSINESS: y Renewal Application - $25.00 Annually RESIDENTIAL: New Application - $10.00 (One time fee) �ttS . j_iCPM�rYQ� MAIL TO: -le Alarm Renewal 300 Centennial Way, Tustin, CA 92780 Phone: ALARM PERMIT INFORMATION SWEET As of July 1, 1986, every residence or business within the City of Tustin possessing an alarm system MUST have a City of Tustin Alarm'.Permit issued by the Tustin Police Department and will be allowed. ONE (1) FALSE ALARM RESPONSE by the police department PER MONTH AT NO CHARGE. The fee for each additional false alarm cell is $25.00 per alarm. By Resolution No. 86-1 of Tustin City council, the fee for alarm permits have been established as follows: Commercial (annually) $ 25.00 Residential (one-time fee) $ 10.00 FAILURE TO OBTAIN AN ALARM PERMIT FOR YOUR. BUSINESS OR RESIDENCE COULD RESULT IN A CITATION BEING 199M TO YOU. OR YOUR BUSINESS! A BUSINESS LICENSE IS ALSO REQUIRED FOR ALARM PERMIT COMPANIES AND BUSINESS LOCATIONS. Residential alarms will be billed the sante as commercial alarms. In the event there is no alarm permit on file, an application for an alarm permit, along with our policy on alarms will be. mailed. The party will be billed the appropriate alarm fee and billed for false alarms from that point forward. An early warning system is used to advise businesses and residents of impending billing. Permits are issued individually by location. If your business has a second location, you will need an additional permit for that, location, Leasing offices must notify their tenants to acquire an alarm permit from Tustin Police Department It is imperative that the appropriate emergency information for your business or home is on file at the police department so we. may contact a responsible .pary in the. event. of an emergency while you are away or the business in closed. If, at any time, you have changes to your emergency information, the police department must be notified is writing of this change as soon as possible. In the event you should change locations; close your business or move from the area, please notify the police department immediately in writing in order for us to keep our files current. A City of Tustin Business License is required+for alarm installation oompany'as well as forthe business entity for which installation is being made. Please contact Business License at (714) 573-3144 prior to installation. reradr 131891 RAFI'S CUBAN CAFE INACTIVE $0.00 425 EL CAMINO REAL TUSTIN CA 92780 08/01/1994 04/26/2000 545-69-5645 099481933 A 5812 01/01/1999 12/31/1999 0 0 0 $0.00 $0.00 0 0 0 City of Tustin Business License Detail Listing Business Information BASED ON GROSS RECEIPTS Eating Places License Information W9 IN License Fee Owner Information Page 1 (714)505-4071 Y Sole Proprietor nounE $50.00 50.00 04/02/2014 131891 RAFI'S CUBAN CAFE OWNER RALPH SANCHEZ 1631 MELVIN WAY TUSTIN CA 92780 (714)731-1565 545-69-5645 CA N3385498 City of Tustin Business License Detail Listing Owner Information Comments Ime,Startipµ` 02/17/1999 8:26:33 AM 02/17/99 - 08:26:33 (BAR) UP FROM 40 IN 98 50.00 2859 10/07/1997 12:11:02 PM 10/07/97 - 12:11:02 (NM) Amnesty refund 1997 penalty. Ck #79230 sent 8/25/97 for $40. License History From: 0310511996 To: 0410212014 ffective zk6ird ROM Notal Fee 03/05/1996 12/31/1996 License Fee 40.00 Penalty Fee tIc,'� 01/01/1997 12/31/1997 License Fee Room] 01/01/1998 12/31/1998 License Fee Penalty Fee FOR*e T6fal 01/01/1999 12/31/1999 License Fee i0se Total 10.00 $50.00 40.00 $40,00 40,00 40.00 $80,00 50.00 $50.00 Page 2 04/02/2014 04/26/2000 10:37:48 AM -. - 04/26/00 - 10:37:48 (BAR) COMMUNITY DEVELOPMENT STAFF MEETING BUILDING OFFICIAL REPORTED THAT RAFI'S HAS MOVED OUT OF ITS TUSTIN LOCATION 02/17/1999 8:26:33 AM 02/17/99 - 08:26:33 (BAR) UP FROM 40 IN 98 50.00 2859 10/07/1997 12:11:02 PM 10/07/97 - 12:11:02 (NM) Amnesty refund 1997 penalty. Ck #79230 sent 8/25/97 for $40. License History From: 0310511996 To: 0410212014 ffective zk6ird ROM Notal Fee 03/05/1996 12/31/1996 License Fee 40.00 Penalty Fee tIc,'� 01/01/1997 12/31/1997 License Fee Room] 01/01/1998 12/31/1998 License Fee Penalty Fee FOR*e T6fal 01/01/1999 12/31/1999 License Fee i0se Total 10.00 $50.00 40.00 $40,00 40,00 40.00 $80,00 50.00 $50.00 Page 2 04/02/2014 131891 RAFI'S CUBAN CAFE City of Tustin Business License Detail Listing Transaction History From: 0"5/1996 To: 04102/2014 : "s6etiori,04t 7ransaef on yp��-- " '' -' Amount 03/05/1996 LICENSE $50.00 03/05/1996 PAYMENT ($50.00) 08/25/1997 LICENSE $40.00 08/25/1997 PAYMENT ($40.00) 09/25/1998 LICENSE $80.00 09/25/1998 PAYMENT ($80.00) 02/17/1999 LICENSE $50.00 02/17/1999 PAYMENT ($50.00) TOP WARAWWWR x '_: $0.00 EMin",9ii1 Ada ` .`. $0.00 Page 3 04/02/2014 a ACTIVE )DINER. ..0 oaar�...mna sic. �e.oa a.ee�„a .nn.nnn n . Out. 4prC DININGI LS . mFWSCuUanCafe M—n, DEMO i. earvne: mrB, awn adem, Pbraiali Masan Dlnnmy $ar �wu.�...r - .wx. 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