I 1 p.m. and Sunday 8 a.m. to 10 p.m. On holidays (including Cinco De Mayo) the facility shall be permitted to close at midnight.
2. Also according to Condition No. 12 of PA12-0041, the sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday, and the sale of alcoholic beverages shall cease at I I p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing.
3. Violations: Since at least February 2021, the owners, operators, and/or managers of The Bank restaurant, have violated the permitted operating hours and have consistently operated the restaurant past 11 p.m. on Friday and Saturday nights and have sold alcoholic beverages to patrons after 11 p.m. on Friday and Saturday nights. As of the date of this letter, the City of Temecula has issued at least the following administrative citations and civil penalties for violating this Condition:
• March 5, 2021 $50.00 Citation (Paid)
• March 6, 2021 $150.00 Citation (Paid)
• March 12, 2021 $250.00 Citation (Paid)
• March 19, 2021 $250.00 Citation (Paid)
• March 20, 2021 $250.00 Citation (Paid)
• March 26, 2021 $250.00 Citation (Paid)
• March 27, 2021 $250.00 Citation (Paid)
• April 2, 2021 $250.00 Citation (Paid)
• April 9, 2021 $250.00 Citation (Paid)
• April 10, 2021 $250.00 Citation (Paid)
• April 13, 2021 $250.00 Citation. (Paid)
• April 16, 2021 $250.00 Citation (Paid)
• April 17, 2021 $250.00 Citation (Paid)
• April 23, 2021 $250.00 Citation (Delinquent)
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CNC Puma Corporation, Mr. Puma and Ms. Moore
April 13, 2022
• April 24, 2021 $250.00 Citation (Delinquent)
• April 30, 2021 $250.00 Citation (Delinquent)
• May 1, 2021 $250.00 Citation (Delinquent)
• May 7, 2021 $250.00 Citation (Paid)
• May S, 2021 $250.00 Citation (Paid)
• May 14, 2021 $250.00 Citation (Delinquent)
• May 15, 2021 $250.00 Citation (Delinquent)
• May 21, 2021 $250.00 Citation (Delinquent)
• May 22, 2021 $250.00 Citation (Delinquent)
• June 4, 2021 $250.00 Citation (Delinquent)
• June 5, 2021 $250.00 Citation (Delinquent)
• June 11, 2021 $25.0.00 Citation (Delinquent)
• June 12, 2021 $250.00 Citation (Delinquent)
• July 2, 2021 $250.00 Citation (Paid)
• July 3, 2021 $250.00 Citation (Paid)
• July 27, 2021 $1,000 Civil Penalty (Paid)
• July 30, 2021 $1,000 Civil Penalty (Paid)
• July 31, 2021 $1,000 Civil Penalty (Paid)
• August 1, 2021 $1,000 Civil Penalty (Paid)
• August 6, 2021 $1,000 Civil Penalty (Paid)
• August 7, 2021 $1,000 Civil Penalty (Paid)
• August 8, 2021 $1,000 Civil Penalty (Paid)
0426 D68
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CNC Puma Corporation, Mr. Puma and Ms. Moore
April 13, 2022
• August 13, 2021 $1,000 Civil Penalty (Paid)
• August 14, 2021 51,000 Civil Penalty (Paid)
• August 20, 2021 $1,000 Civil Penalty (Paid)
• August 21, 2021 $1,000 Civil Penalty (Paid)
• August 27, 2021 $1,000 Civil Penalty (Paid)
• August 28, 2021 $1,000 Civil Penalty (Paid)
• September 4, 2021 $1,000 Civil Penalty (Paid)
• September 10, 2021 $1,000 Civil Penalty (Paid)
• September 18, 2021 $1,000 Civil Penalty (Paid)
• September 24, 2021 $1,000 Civil Penalty (Paid)
• September 25, 2021 $1,000 Civil Penalty (Paid)
• October 1, 2021 $1,000 Civil Penalty (Paid)
• October 2, 2021 $1,000 Civil Penalty (Paid)
• October 8, 2021 $1,000 Civil Penalty (Paid)
• October 9, 2021 $1,000 Civil Penalty (Paid)
• October 15, 2021 $1,000 Civil Penalty (Paid)
• October 16, 2021 $1,000 Civil Penalty (Paid)
• October 22, 2021 $1,000 Civil Penalty (Paid)
• October 23, 2021 $1,000 Civil Penalty (Paid)
• October 30, 2021 $1,000 Civil Penalty (Paid)
• October 31, 2021 $1,000 Civil Penalty (Paid)
• November 5, 2021 $1,000 Civil Penalty (Paid)
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CNC Puma Corporation, Mr. Puma and Ms. Moore
April 13, 2022
• November 6, 2021 $1,000 Civil Penalty (Paid)
• November 12, 2021 $1,000 Civil Penalty (Paid)
• November 13, 2021 $1,000 Civil Penalty (Paid)
• November 19, 2021 $1,000 Civil Penalty (Paid)
• November 20, 2021 $1,000 Civil Penalty (Paid)
• December 3, 2021 $1,000 Civil Penalty (Paid)
• December 4, 2021 $1,000 Civil Penalty (Paid)
• December 10, 2021 $1,000 Civil Penalty (Paid)
• December 17, 2021 $1,000 Civil Penalty (Paid)
• December 18, 2021 $1,000 Civil Penalty (Paid)
• December 31, 2021 $1,000 Civil Penalty (Paid)
• January 7, 2022 $1,000 Civil Penalty (Paid)
• January 8, 2022 $1,000 Civil Penalty (Paid)
• January 15, 2022 $1,000 Civil Penalty (Delinquent)
• January 16, 2022 $1,000 Civil Penalty (Delinquent)
• January 22, 2022 $1,000 Civil Penalty (Delinquent)
• January 23, 2022 $1,000 Civil Penalty (Delinquent)
• January 28, 2022 $1,000 Civil Penalty (Delinquent)
• January 29, 2022 $1,000 Civil Penalty (Delinquent)
• February 4, 2022 $1,000 Civil Penalty (Delinquent)
• February 5, 2022 $1,000 Civil Penalty (Delinquent)
• February 11, 2022 $1,000 Civil Penalty (Delinquent)
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CNC Puma Corporation, Mr. Puma and Ms. Moore
April 13, 2022
• February 12, 2022 $1,000 Civil Penalty (Delinquent)
• February 18, 2022 $1,000 Civil Penalty (Delinquent)
• February 19, 2022 $1,000 Civil Penalty (Delinquent)
Although City staff has explained the permitted operating hours to management of The Bank, the restaurant continues to violate Condition No. 12 of PA12-0041 and it routinely operates and sells alcoholic beverages past 11 p.m. on Friday and Saturday nights.
Condition No. 28.c.
4. According to Condition No. 28.c. of PA12-0041, licensees may not permit their licensed premises to become a disorderly house. A disorderly house is defined as including a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise and loud music and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises includes the parking lot.
5. Violations. Between April 2, 2021 and July 3, 2021, the City issued the administrative citations listed below for violating the noise standards contained in Temecula Municipal Code section 9.20.040. Specifically, music played through outside speakers at the restaurant violating the maximum noise level of 70 dba for exterior noise at a commercial property. • ApriI 9, 2021 $50.00 Citation (Paid)
• April 10, 2021 $150.00 Citation (Paid)
• April 16, 2021 $250.00 Citation (Paid)
• April 17, 2021 $250.00 Citation (Paid)
• April 23, 2021 $250.00 Citation (Delinquent)
• April 24, 2021 $250.00 Citation (Delinquent)
• April 30, 2021 $250.00 Citation (Delinquent)
• May 1, 2021 $250.00 Citation (Delinquent)
• May 8, 2021 $250.00 Citation (Paid)
• May 14, 2021 $250.00 Citation (Delinquent)
• May 15, 2021 $250.00 Citation (Delinquent)
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CNC Puma Corporation, Mr. Puma and Ms. Moore
April 13, 2022
• May 21, 2021 5250.00 Citation (Delinquent)
• May 22, 2021 $250.00 Citation (Delinquent)
• July 3, 2021 $250.00 Citation (Paid)
• July 2, 2021 $250.00 Citation (Paid)
• June 11, 2021 $250.00 Citation (Delinquent)
June 12, 2021 $250.00 Citation (Delinquent)
6. Violations: It has been the experience of the Riverside County Sheriff s Department that there have consistently been numerous instances of disturbances, assaults, batteries, public intoxication, and other crimes on The Bank's premises and in the immediate vicinity of The Bank.
In January 2022, there was a shooting on The Bank's premises in which a former employee of The Bank was killed and two other individuals were seriously injured. The shooting occurred approximately an hour after The Bank should have been closed for the evening, yet The Bank was still operating in violation of Condition 12 of PA12-0041. The former employee and victim of the shooting had been involved in a physical altercation at The Bank months before the shooting.
According to the Riverside County Sheriffs Department, The Bank used unlicensed security guards, some of which had criminal backgrounds, and this decision to use unlicensed security guards contributed to the criminal activity at The Bank.
Revocation Process
This notification is also being sent to the City Clerk. Pursuant to Temecula Municipal Code ("TMC") Section 17.03.085(A)(1)(b), the City Clerk will refer this matter of revocation to the California Office of Administrative Hearings for an assignment to an administrative law judge to serve as an independent hearing officer. Pursuant to TMC Section 17.03.085(A)(1)(4), a public hearing shall be held before an independent hearing officer to determine whether there are grounds to revoke the permit.
Pursuant to TMC Section 17.03.085(A)(1)(5), the independent hearing officer may revoke a permit, or impose or modify any conditions imposed on the permit if he or she finds that any of the following findings can be made:
a. That the permit was obtained by omission, misrepresentation, or fraud; b. That any of the conditions of approval for the permit have not been met, or the use is operating in a manner that is inconsistent with any of the conditions of approval; c_ That the use for which the permit was granted is operating in violation of any statute, ordinance, law or regulation;
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CNC Puma Corporation, Mr. Puma and Ms. Moore
April 13, 2022
d. That the permit is being exercised in a way that is detrimental to the public health, safety or welfare or constitutes a nuisance.
You will receive notice regarding the date scheduled for the hearing. During the hearing, you and any other member of the public will be provided an opportunity to speak before the independent hearing officer to present relevant testimony and evidence as it pertains to the potential revocation of the CUP. Additional information regarding the hearing process can be found at TMC Section
17.03.095.
Luke Watson
Deputy City Manager
cc: Zip Third Investments, LLC, Attn. Norman S. Solomon, Property Owner, 28645 Old Town Front Street, Temecula CA 92590
Ra.ndi Johl, City Clerk
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ORDINANCE NO.2022-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING TITLES 9 AND 17 OF THE
TEMECULA MUNICIPAL CODE TO INCLUDE
ENTERTAINMENT LICENSES, FURTHER CLARIFY THE
DEFINITIONS OF RESTAURANTS, ENTERTAINMENT,
TAVERNS AND BARS, AND PROVIDE REGULATIONS
FOR PRIVATE SECURITY OPERATORS, AND
ESTABLISHING NOISE STANDARDS FOR MIXED -USE
DEVELOPMENTS WITH A RESIDENTIAL COMPONENT,
AND FINDING THAT THIS ORDINANCE IS EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) PURSUANT TO CEQA GUIDELINES
SECTION 15061 (13)(3)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that:
A. City staff identified the need to revise portions of Title 9 (Public Peace, Morals, and Welfare) and Title 17 (Zoning) of the Temecula Municipal Code.
B. The code amendments are being made to address changes in State law related to Responsible Beverage Sales Training, as well as provide further refinement of the existing code to incorporate an entertainment license, revise the definitions for restaurants, entertainment, taverns and bars establishing private security guard standards, updating standards for alcohol sales, and establishing noise standards for mixed -use developments with a residential component.
C. The Planning Commission considered the proposed amendments to Title 9 and 17 of the Temecula Municipal Code ("Ordinance") on February 2, 2022, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support of or opposition to this matter.
D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 2022-04, recommending that the City Council approve the Title 9 and 17 amendments.
E_ The City Council, at a regular meeting, considered the Ordinance on March 22, 2022, at a duly noticed public hearing, as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or opposition to this matter.
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F. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council.
Section 2. Further Findings. The City Council, in approving the proposed Ordinance, hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code:
A. The proposed use is allowed in the land use designation in which the use is Iocated, as shown on the land use map, or is described in the text of the General Plan.
The proposed amendments to Title 9 and Title 17 of the Temecula Municipal Code do not propose any land use that is inconsistent with the Temecula General Plan. Entertainment uses are currently permitted upon the approval of a Conditional Use Permit and are consistent with the General Plan's commercial use descriptions. The amendments to Title 9 and Title 17 contain a revised process for businesses to have entertainment offered at their establishments.
The proposed Entertainment License Ordinance directly responds to Goal 3, Policy 3.3 of the General Plan Public Safety Element. This is accomplished because the ordinance provides the City with a set of standards designed to allow for the efficient administration of entertainment establishments. More specifically, the standards will allow the City to quickly address ordinance violations thus reducing the chance of potential crimes taking place.
The proposed ordinance also conforms with two Goals contained in the City of Temecula General Plan Noise Element. First the proposed ordinance directly responds to Goal 2, Policy 2.1 in that it seeks to limit the maximum permitted noise levels crossing property lines and impacting adjacent land uses. This is accomplished by ensuring proper Conditions of Approval to address noise will be incorporated with each entertainment license. Second, the ordinance is in conformance with Goal 3, Policy 3.1 since it seeks to enforce and maintain acceptable noise limit standards. The ordinance also provides staff the ability to quickly address noise violations by administratively revoking the license when necessary.
B. The proposed use is consistent with the Municipal Code and Development Code for the City of Temecula;
The proposed amendments do not propose any land use that is inconsistent with the Municipal Code and Development Code for the City of Temecula. The proposed Ordinance has been designed to be internally consistent with the Municipal Code and the Development Code in terms of referencing ley components of the City's currently adopted Noise Ordinance, which applies citywide_ The ordinance will also create two new sections within the Municipal Code (Sections 9.10 and 9.11).
C. The proposed use is to be established and maintained in a manner which is consistent with the General Plan and all applicable provisions contained therein. 0433 D75
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The City currently permits establishments to allow entertainment through the Conditional Use Permit process. The proposed amendments to Title 9 and Title 17 will allow businesses to offer entertainment by obtaining an entertainment license. Moreover, the proposed amendments will create standards that provide further consistency with goals and policies contained within the General Plan. The proposed ordinance has been processed to ensure it will be established and maintained in a manner which is consistent with the General Plan and all applicable provisions contained therein.
Section 3. Environmental Findings. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed ordinance would have a significant impact on the environment pursuant to State CEQA Guidelines Section 15061(b)(3).
The proposed Municipal Code amendments provide standards for how entertainment uses are to operate and establish standards for private security operators. These regulations do not increase the intensity or density of any land use above what is currently allowed. Moreover, the noise standards for mixed -use developments established by the proposed Ordinance, are consistent with the standards set forth in the General Plan for mixed -use developments. A Notice of Exemption has been prepared and will be filed in accordance with CEQA and the State CEQA Guidelines.
Section 4. Chapter 9.10 (Special Licenses — Bars, Nightclubs, Dancehalls, Poolrooms, etc.) of Title 9 (Public Peace, Morals, and Welfare) of the Temecula Municipal Code is hereby renamed and amended in its entirety to read as follows:
"Chapter 9.10 ENTERTAINMENT LICENSE
9.10.010 Purpose and Intent.
The City of Temecula encourages the development of art and cultural resources and recognizes that having a variety of entertainment establishments provides a means for such activity. The City of Temecula further recognizes that having a variety of entertainment types in the City promotes a rich and diverse cultural experience. The City of Temecula recognizes that many non-alcoholic entertainment venues provide a safe place for families and young adults to gather.
The City of Temecula also recognizes that certain entertainment establishments have demonstrated the potential for creating or maintaining an environment where various types of disturbances such as excessive noise and disorderly conduct by patrons may occur. These impacts are primarily driven by establishments that serve alcohol and offer entertainment. These negative effects are adverse to the public safety, general welfare and the quality of life of the community.
The purpose of this chapter is to regulate the operation of entertainment establishments so as to minimize the negative impacts and to preserve the public safety, health and welfare. It is not the City's intent to regulate or restrict the type or content of entertainment provided in those establishments. All licensees will be responsible for controlling patron conduct at their entertainment establishment, making adequate provisions for security, crowd size, and control, and complying with state and local laws and minimizing disturbances caused by the operation of an entertainment establishment.
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1 It is also the intent of the City of Temecula to provide alternatives to the regulating of entertainment establishments by imposing Iicense conditions tailored to the particular entertainment establishment.
Adult oriented businesses shall use Chapter 5.09 (Adult Business Regulations) for applicable regulations.
9.10.020 Definitions.
For purposes of this chapter the following words and phrases shall have the following meanings:
"ABC license" means a license to serve alcoholic beverages issued by the State of California Department of Alcoholic Beverage Control.
"-Ancillary" means a business where entertainment is not the primary activity or operation of the establishment.
"Dance" or "dancing" means to move with rhythmical steps or movement, usually to music or an audible rhythm; except for any dancing that is regulated under Chapter 5,,09 (Adult Regulations).
"Entertainment" means any single event, a series of events, or an ongoing activity or business, occurring alone or as part of another business, to which the public is invited (by advertisement or word of mouth) or allowed to watch, listen, or participate in, or is conducted for the purposes of holding the attention of, gaining the attention of, or diverting or amusing patrons, including, but not limited to:
I . Dancing by patron(s) or staff to live or recorded music.
2. The presentation of music played on sound equipment operated by an agent or contractor of the establishment. This may or may not include a "disc jockey" or "DJ."
3. The presentation of live music whether amplified or non -amplified.
4. The presentation of music videos, music concerts or other similar forms of musical entertainment from any source.
5. Any amusement or event such as live music or other live performance which is knowingly permitted by any entertainment establishment, including presentations by single or multiple performers, such as hypnotists, pantomimes, magicians, comedians, song or dance acts, plays, concerts, any type of contest, events with live animals/reptiles, sporting events, exhibitions, carnival or circus acts, demonstrations of talent or items for gift or sale; shows, reviews, and any other such activity which may be attended by members of the public.
"Entertainment establishment(s)" means any commercial business, that is open to the public and offers entertainment to patrons. Entertainment establishments are separated into three different classes, as outlined below:
Entertainment Establishment Types
Class I Entertainment Establishment (a businesses without alcohol) means a business offering ancillary entertainment to patrons. A Class I facility does not serve any alcoholic beverages and does not include any dancing.
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1 I
1 Class II Entertainment Establishment (a business serving beer, wine, and/or distilled spirits) means a business with an ABC license that offers beer, wine, and or distilled spirits in addition to offering ancillary entertainment to patrons. A Class II facility does not include dancing.
Class III Entertainment Establishment (Nightclub, Cocktail Lounge, Bar, & Dance Club/Hall, Pool Hall.) means a business with an ABC license that offers any combination of beer, wine, and/or distilled spirits in addition to offering entertainment to patrons. A Class III facility also allows for dancing. Restaurants with dancing shall be classified as a Class III facility.
"Entertainment license" means a license obtained from the Chief of Police pursuant to the provisions of this chapter for the purposes of operating an entertainment establishment. "Manager" means a person, regardless of the job title or description, who has discretionary powers to organize, direct, carry on, or control the operations of an entertainment establishment, including a restaurant or bar. Authority to engage in one or more of the following functions is prima facie evidence that a person is a manager of the entertainment establishment:
I . Hire or terminate employees;
2. Contract for the purchase of furniture, equipment, or supplies, except for the occasional replenishment of stock;
3. Disburse funds of the business, except for the receipt of regularly replaced items of stock;
4. Make or participate in making policy decisions regarding operations of the entertainment establishment;
5. Holds keys to open and/or close the establishment.
"Noise" means any loud, discordant, raucous or disagreeable sound. "Noise level" means the "A" weighted sound pressure level in decibels obtained using a sound level meter. The unit of measurement should be designated in dBA. "On -sale" has the same meaning as California Business and Professions Code Section 23396, as the same may be amended from time to time.
"Public premises establishment" has the same meaning as that used in California Business and Professions Code Section 23039, as the same may be amended from time to time. "Pyrotechnics" shall have the same meaning as defined by the California Fire Code, as may be amended from time to time, and currently means controlled exothermic chemical reactions timed to create the effects of heat, hot gas, sound, dispersion of aerosols, emission of visible light or a combination of such effects to achieve the maximum effect from the least volume of pyrotechnic composition. Pyrotechnics shall also mean any of the following:
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1. Pyrotechnic Article: A pyrotechnic device for use in the entertainment industry, which is not classified as fireworks.
2. Pyrotechnic Composition: A chemical mixture that produces visible light displays or sounds through a self -propagating, heat -releasing chemical reaction which is initiated by ignition.
3. Pyrotechnic Special Effect: A visible or audible effect for entertainment created through the use of pyrotechnic materials and devices.
4. Pyrotechnic Special Effect Material: A Chemical mixture used in the entertainment industry to produce visible or audible effects by combustion, deflagration or detonation. Such a chemical mixture predominantly consists of solids capable of producing a controlled, self- sustaining and self-contained exothermic chemical reaction that results in heat, gas sound, light or a combination of these effects. The chemical reaction functions without external oxygen,
"Responsible beverage service training course" means a course certified by the California Department of Alcoholic Beverage Control for on -sale management and on -sale professional services.
"Responsible party" means any person who is physically at the entertainment establishment and is any of the following:
I . The person who owns the entertainment establishment;
2. The person in charge of the entertainment establishment;
3. The person using the entertainment establishment under a special arrangement;
4. An employee or agent of an owner or manager of the entertainment establishment when the owner or manager is temporarily absent from the entertainment establishment;
5. The entertainment establishment's manager or on -site supervisor.
6. The person who books/schedules/authorizes entertainment. 1 9.10.030 Entertainment license required.
All entertainment establishments shall possess an active and valid entertainment license issued by the City.
9.10.040 Exemptions.
The following types of activities are exempt from the provisions of this chapter:
A. Events for which a Special Event Permit, or Temporary Use Permit has been issued and is active pursuant to the Temecula Municipal Code;
B. Events operated by the City of Temecula, or other governmental entities; C. Events operated by public or private schools;
D. Events operated by a senior assisted care facility;
E. Events operated by a religious institution or nonprofit organization; 0437 D79
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9.10.050 Application/modification re uirements.
A. Any person or business entity desiring to obtain an entertainment license or modification to an entertainment license shall submit a complete application to the Chief of Police through the Community Development Department ("Planning") and pay an application fee pursuant to the fees adopted by resolution, which may be amended from time to time.
B. The application shall be in a form approved by the Chief of Police.
C. The application shall be fled:
1. At least sixty (60) days prior to the proposed operation of the entertainment establishment; or
2. At least sixty (60) days prior to the expiration of an entertainment license; or
3. At any time for a modification including, but not limited to:
a. adding dancing;
b, adding alcohol or changing the alcohol license type; or c. changing operations to incorporate activities in a different class of entertainment.
D. The application shall state the class of entertainment (Class 1, Class II, or Class IIl) that the entertainment establishment desires to provide to patrons.
E. The entertainment license application shall include five (5) copies of a floor plan (or a digital copy if acceptable to the City). The floor plan shall be an accurate and dimensioned representation of the floor plan approved by the city building and fire departments as part of a formal building permit process. Any changes that have occurred to the floor plan since the Original city building and fire department approval shall be identified and include a notation identifying the date the modification was approved by the city if such approval was required.
The floor plan shall show all customer seating areas, performing stages or platforms, back - of -house areas, restroom facilities, and any proposed dance areas if applying for a Class III entertainment license. The floor plan shall clearly state the legal occupant load as established as part of the formal building permit process, and all exiting systems of the premises shall be clearly shown. No floor plan change, occupant load change, or other change of use can be approved as part of an application process for an entertainment license.
F. The application for an entertainment license shall include five (5) copies (or a digital copy if acceptable to the City) of the proposed site plan for the entertainment establishment and the site plan shall be an accurate representation with dimensions that show the building's footprint, boundary and property lines and onsite parking spaces. Any changes that have occurred to the site plan since the original city building and fire departments approval shall be identified and include a notation identifying the date the modification was approved by the city if such approval was required_ The application shall also iucludc adjacent uses with operating hours for those uses.
G. The application shall also include a copy of any city land use permits (e.g., Conditional Use Permit, development plan, occupancy permit, etc.) issued to the property owner or business entity.
H. The entertainment license application shall include a detailed security plan. The security plan should include, but is not limited to, the following:
1. The number of licensed security personnel who will be on duty; 0438
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2. The minimum level of acceptable training for licensed security personnel in compliance with Chapter 9.11 (Regulation of Private Security Operators) of the Temecula Municipal Code;
3. The patron screening procedure, if any, prior to admission to entertainment establishment;
4. Identify patron access points into the entertainment establishment;
5. Process for removal of disorderly or intoxicated patrons from premises; and
6. Process for dispersal of patrons from the entertainment establishment, onsite parking area and/or public rights -of -way (e.g., sidewalk or street) within 50 feet of any entrance to the entertainment establishment.
I. The entertainment license application shall include a notarized letter from the applicant and property owner that reflects:
1. That the applicant and the property owner understand and agree to the requirements of this Chapter;
2. That the applicant and the property owner understand and agree to the renewal requirements of this Chapter;
3_ That the applicant and the property owner understand and agree that the license is nontransferable; and
4. That the applicant and the property owner understand that three or more violations of this Chapter, or one violation that poses an immediate threat to the public health, safety or general welfare, may result in termination of the entertainment license.
9.10.060 Fees.
A nonrefundable fee, as set forth in the City of Temecula Fee Schedule shall accompany each application for an entertainment license_ The entertainment license fee shall be in addition to the business license fee required pursuant to Chapter 5.04 (Business Licenses Generally) of this code as may be amended from time to time.
9.10.070 Anprovalldenial/modification of entertainment license.
A. Upon completion of an investigation coordinated by the Chief of Police, the Chief of Police may issue the license subject to Section 9.10.090, (Investigation and issuance) as applicable, unless it is found that:
1. The application fee has not been paid.
2. Applicant is less than 21 years of age.
3. The application does not conform to the provisions of this Chapter.
4. The applicant has made a material misrepresentation in the application.
5. The applicant or any of its owners, partners, officers or directors has had an entertainment license revoked within one (1) year prior to the date of the pending application.
6. The business has been conducting entertainment without a valid and active entertainment license within the last sixty (60) days.
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7. The proposed entertainment establishment does not comply with all applicable laws, including, but not limited to: health, zoning, building, and fire code requirements.
Prior to granting a license, the Chief of Police or designee shall obtain certification from the fire chief, city planner, and building official that the proposed use is in compliance with the land use and zoning provisions of the applicable municipal code provisions and that the structures are suitable and safe for the proposed operation of an entertainment establishment.
B. If the Chief of Police denies the application, the applicant shall be notified of the reasons for the denial in writing within forty-five (45) days after receipt of the application. However, failure to notify the applicant within the specified time period shall not constitute a basis for granting the license. An applicant denied an entertainment license has a right to appeal the denial pursuant to Section 9.10.170 (Appeals procedure) of this chapter. If such a hearing is not requested within the prescribed time period, the denial shall be final_
9.10.080 Conditional Use Permits in Conjunction with Entertainment Licenses A. If a Conditional Use Permit, or any other permit or approval, except a certificate of occupancy, is required for the lawful operation of an entertainment establishment, the provisions of this chapter shall be in addition to those other permits and entitlements.
An entertainment license cannot modify the terms of an existing Conditional Use Permit, except as set forth in Section C below.
B. For new Conditional Use Permits issued after the adoption of this ordinance, a valid and compliant entertainment license shall be a condition and/or requirement for an entertainment establishment and may include operating requirements above and beyond the Conditional Use Permit, which may be amended from time to time, as listed in this Chapter.
C. For Modifications to existing Conditional Use Permits that allow entertainment, the City may require, as a new Condition of Approval, that the business obtain an entertainment license if entertainment will be offered at the business.
9.10.090 Universal Entertainment license standards and conditions.
A. All Class I, Class II, and Class III entertainment establishments shall operate in accordance with the following standards or conditions:
J _ Display of License. The entertainment license shall be displayed on the premises in a conspicuous place so that law enforcement and city staff entering may readily see the entertainment license. A copy of the floor plan approved with the entertainment license shall always be kept on the premises and made available at the request of any law enforcement officer, fire marshal, code officer, or deputy fire marshal, or if requested by the establishment after an opportunity for pre -compliance review.
2. Outdoor Entertainment. Outdoor entertainment is prohibited unless explicitly permitted by an active Conditional Use Permit that explicitly allows outdoor entertainment, or by a Temporary Use Permit, or Special Event Permit.
3. Class III Entertainment. Dancing is only permitted at establishments with a Class III entertainment license.
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1 4. Entertainment Hours of Operation. Entertainment operations shall cease, based on the times outlined below:
Entertainment
Permitted Entertainment Hours of Operation
License Type
Class I
7.00 a.m. —10.00 P.M. Daily
Class 11
7:00 a.m. — 10.00 p.m. Daily
Class III
Entertainment operating hours shall be between 7:00 a.m. — 11:59 p.m. or as otherwise set forth in a Conditional Use Permit that explicitly allows dancing adopted prior to February 1, 2022.
5. Food Service. If the Class I, Class 1I, or Class III entertainment license is associated with a restaurant, food and non-alcoholic beverage service shall be provided at all hours the establishment is operating.
6. Noise Restrictions. Noise shall be measured in accordance with Chapter 9.20. No entertainment establishment may cause, permit, or maintain noise at a sound level that exceeds the standards of Chapter 9.20.
7. Noise Dampening. All doors, windows; and any other physical opening shall remain unlocked and unobstructed as required by all building and fire life safety requirements. All doors, windows, and any other physical openings shall not be propped open by people or physical devices during any hours that entertainment is occurring.
8. Manager and Server Training. The following persons must complete a responsible beverage service training course before the entertainment establishment may provide entertainment:
i. Every manager and every person who serves or sells alcoholic beverages for consumption by patrons on the premises of the entertainment establishment shall maintain a current responsible beverage service training course certificate.
9. Employee list. A list of all persons employed as managers or persons who serve or sell alcoholic beverages for consumption by patrons on the premises of an entertainment establishment shall be maintained on the premises of the entertainment establishment. The list shall clearly identify the hire date, the date of each responsible beverage service training course was completed and the date the current training certificate will expire for every manager and every person who serves or sells alcoholic beverages for consumption by patrons on the premises of the entertainment establishment. The list shall be provided, upon request, to any law enforcement or code enforcement personnel, or at the request of the establishment, after pre -compliance review.
10. Security Guards
i. All Security Guards shall operate in accordance with Chapter 9.11 (Regulation of Private Security Operators).
ii. A violation of Chapter 9.11 (Regulation of Private Security Operators) shall constitute a violation of this chapter.
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11. Maximum Occupant Load. The maximum number of persons in the entertainment establishment, shall not, at any time, exceed the maximum occupant load as established by the Fire Marshal or the City Building Official.
12. Disturbing the Peace and Disorderly Conduct. The responsible party shall make reasonable efforts to prevent the admission of any person, who is fighting, or challenging someone to a fight; maliciously and willfully disturbing another person by loud and unreasonable noise; using offensive words in a public place that is likely to provoke an immediate violent reaction, or engaging in disorderly conduct (as defined in Penal Code Section 647), inside the entertainment establishment, at any onsite parking lot owned or under the control by the entertainment establishment, or on any sidewalk used by the entertainment establishment for the entertainment establishment. The responsible party shall make reasonable efforts to either call the police for assistance or remove from the entertainment establishment, parking lot or sidewalk persons exhibiting such conduct.
13. Maintaining Adequate Right -of -Way. The responsible party shall ensure that patrons queuing on the public sidewalk do not obstruct the right-of-way or sidewalk from vehicular or pedestrian access. The minimum clear access for sidewalks shall be maintained at forty-four (44) inches.
14. Orderly Dispersal. The responsible party shall use reasonable efforts to cause the orderly dispersal of patrons from the entertainment establishment at closing time and shall use reasonable efforts to prevent patrons from congregating in the entertainment establishment's parking lot after closing time or permit patrons to congregate in any roadway or traffic lane within fifty (50) feet of any entrance to the entertainment establishment. This may include, but is not limited to, clearing all the cars from the establishment's parking lot.
15. Pyrotechnics. Pyrotechnics and safe and sane fireworks, are prohibited, unless explicitly permitted by the Fire Department.
16. Compliance with Law. Operators shall comply with all federal, State, and local laws.
B. In addition to the conditions set forth in subsection A of this section, the Chief of Police may impose additional conditions in the following areas which shall be based on specific, articulated facts setting forth the necessity for the conditions:
The permissible hours of operation for entertainment.
2. Specific licensing qualifications and numbers of security personnel to be on duty during business hours.
9.10.100 Class I entertainment establishment conditions.
Class I entertainment establishments shall comply with all requirements stipulated in Section
9.10.090 (Universal Entertainment license standards and conditions).
9.10.110 Class II entertainment establishment conditions.
In addition to the conditions set forth in Section 9.10.090, (Universal Entertainment license standards and conditions) the following conditions shall apply to all Class II entertainment establishments:
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A. Food Service, if the Class II entertainment license is associated with a restaurant, alcohol sales shall cease one half hour prior to closing.
9.10.120 Class III entertainment establishment conditions.
In addition to the conditions set forth in Section 9.10.090. (Universal Entertainment license standards and conditions) the following conditions shall apply to all Class III entertainment establishments:
A. Location. Establishments seeking a Class III License shall only be permissible in areas identified in Title 17 as a "Restaurant (bona fide public eating establishment) with Entertainment and/or Dancing" as listed in the Temecula Municipal Code, or as identified in a Specific Plan. If required by the Temecula Municipal Code or Specific Plan, a Conditional Use Permit shall be obtained for the use, prior to the submission of an entertainment license.
B. Mandatory Security Guards. There shall be at least two (2) security guards licensed by the State on duty at all times that dancing is permitted. Additional Mandatory Security Guards may be required at the direction of the Chief of Police or as required by the California Department of Alcoholic Beverage Control.
C. Security Guard Licensing. All Security Guards shall comply with Chapter 9.11 (Regulation of Private Security Operators).
D. Occupancy Calculation. At all hours that dancing is permitted, a staff member shall maintain an accurate count of the current occupancy. A crowd control tally or other electronic device shall be utilized for the counting. The most current occupancy tally must be made available immediately upon request to Code Enforcement, Police, or the Fire Prevention Department, or if requested by the establishment after an opportunity for pre -compliance review.
E. Designation of Dance Floor.
l . The dance floor area shall be plainly marked and designated as the dancing area.
2. No dancing shall be permitted outside the designated dancing area as approved and on file with the city.
F. Dancing Area. During all hours which dancing is permitted, no portion of the dancing area shall be used for any purpose other than dancing.
G. Seating and Dance Areas. Seating areas shall not be converted to dance areas unless the floor plan approved as part of the application process allows such conversion.
H. Designated Sound Operator. At all times a responsible party shall be responsible for any amplified or non -amplified sources of sound on the property. The absence of a designated sound operator shall be a violation of this section.
I. Enhanced Noise Dampening. If a Class III entertainment establishment is located within 500' of residences as measured from property line to property line, the establishment shall be required to submit an acoustical analysis prepared by a certified acoustical engineer/professional demonstrating compliance with the City's noise ordinance and the entertainment license standards. If required by the analysis, sound dampening materials and design shall be installed prior to the issuance of the entertainment license. The entertainment 0443 D85
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establishment shall operate in a manner that abides by all requirements of the acoustical report.
J. Halt of Alcohol Sales. A Class III entertainment establishment shall cease alcohol sales at least one-half hour prior to closing. Meals, water, and other non-alcoholic beverages shall be available up until closing of the establishment. This requirement shall apply under any scenario where the establishment may alter or vary the regular operating hours.
K. Copy of ABC License. A Class III entertainment establishment shall provide a complete approved copy of the California Department of Alcoholic Beverage Control's license, including conditions, and the approved site plan to law enforcement or code enforcement immediately upon request, or if requested by the establishment after pre -compliance review.
9.10.130 Sound or noise measurement.
A. Noise measurements shall be conducted in a manner as identified in Chapter 9.20 (Noise).
9.10.140 Immediate threat to public safety.
A. The Chief of Police, Fire Marshal, or designee may require the responsible party to cease all or part of the entertainment establishment's operations or entertainment and disperse all patrons for a period of time up to and including the remainder of the entertainment establishment's daily operating hours whenever conduct by disorderly patrons reaches a magnitude that presents an immediate threat to the safety and well-being of the patrons or general public in the vicinity of the entertainment establishment.
9.10.150 Duration and renewal of license.
A. Licenses are non-transferrable.
B. Licenses for entertainment establishments may be renewed on the first business day in February 2023, and on a year-to-year basis thereafter on the first business day in February, provided the license holder continues to meet the requirements of this chapter. `Business day" as used in this subsection shall mean the days that Temecula City Hall is open for business.
C. No license granted herein shall confer any vested right to any person for more than the license period.
D. Applications for a Iicense renewal shall be filed with the Chief of Police at least sixty (60) days prior to expiration of the existing license, otherwise the license will lapse. At the discretion of the Chief of Police, a temporary license pending satisfactory completion of the renewal application process may be issued to renewal applicants who have no permit revocation proceedings pending at the time of filing of the renewal application. Licenses are not automatically renewed.
E. RenewaI applications shall set forth such information as may be required by the Chief of Police to update and verify the information contained in the original permit application. The applicant shall pay an application fee, in an amount established by resolution, when applying for renewal_
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F_ If an application for renewal of license and all required information is not timely received and the license expires, no right or privilege to provide entertainment shall exist,
9.10.160 Revocation/suspension for violation.
A. The Chief of Police may issue a letter of intent to revoke an entertainment license upon receiving satisfactory evidence that:
1. The application for an entertainment license contains material misrepresentation; or
2. Ownership of the entertainment establishment has changed without the new ownership securing a new entertainment license from the Chief of Police; or
3. The entertainment establishment has, within the last 12-months, been found criminally, civilly, or administratively (pursuant to Chapter 9.10 of this code), or any combination thereof, to have violated any provision of this Chapter on at least three separate occasions; or
4. The entertainment establishment has, within the last 12-months, engaged in conduct, or allowed its patrons to engage in conduct that posed an immediate threat to the public health or safety of the general public; or
5. Employees of the entertainment establishment, while on the premises are engaged in conduct or behavior to the extent that it constitutes a nuisance, including but not limited to adjudicated complaints with adverse finding(s) by the State Alcoholic Beverage Control Board or the Riverside County Health Department.
B. The Chief of Police shall provide written documentation or other evidence to support the intent to revoke an entertainment license to the licensee with the letter of intent to revoke an entertainment license.
C. The Chief of Police shall provide written notice of the intent to revoke to the holder of an entertainment license by personal service, or by certified mail. The notice shall be directed to the most current entertainment establishment address or other mailing address on file with the Chief of Police for the entertainment establishment. The notice shall provide the effective date of the revocation. No revocation shall be imposed on less than thirty (30) days' notice to the holder of the entertainment license.
D. An entertainment establishment that has had its license revoked may not apply for another license within 12 months from the date the license is revoked.
9.10A70 Appeal procedure.
A. The right to file a written appeal of a revocation or denial of new permit or renewal of a permit shall terminate upon the expiration of fifteen (15) days of the date of mailing by the Chief of Police of the notice specified in Sections 9.10.070 or 9.10.160. of this Chapter. The written appeal shall be filed with the City Clerk of the City of Temecula and shall be accompanied by an appeal fee in an amount as set by city council resolution. The City Clerk shall promptly fonvard a copy of the appeal to the Chief of Police.
B. In the event an appeal is timely filed, the denial of the renewal or revocation of the license, shall not be effective until a final decision has been made on the appeal. Notwithstanding 0445 D87
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the foregoing, if the Chief of Police finds and determines that perYnitting an entertainment establishment to continue to operate, pending the appeal hearing, would present an unreasonable and immediate risk to the public health and safety, the denial of renewal or revocation of the license may take effect immediately. A business that has been denied an entertainment license, may not begin to operate as an entertainment establishment until it has obtained a valid entertainment. license. If no timely appeal is filed, the denial of renewal or revocation, or issuance of a license, shall become effective upon expiration of the period for filing appeals.
C. Upon receipt of a timely appeal, the City Clerk shall refer the appeal to the California Office of Administrative Hearings for the assignment of an administrative law judge to serve as the hearing officer.
D. In the event the Office of Administrative Hearings is unable to provide a hearing officer, the City Clerk shall snake arrangements for the selection of a hearing officer to conduct the appeal hearing as provided in this subsection.
a_ Not less than fifteen (15) days prior to the appeal hearing, the City Clerk shall notify the Chief of Police and the appellant of the names of three qualified attorneys or retired Superior Court or Appellate Courtjudges submitted to the City Clerk by a reputable firm providing mediators and arbitrators to serve as a panel from which the hearing officer will be selected. b. Within five (5) days of the date of mailing the notice of the available panel, the Chief of Police and the appellant may notify the City Clerk in writing that he or she elects to remove one of the three potential hearing officers.
c. The City Clerk shall then request the mediation and arbitration firm to select one of the remaining names on the list as the designated hearing officer for the appeal hearing. d. The hearing officer shall be fair and impartial and shall have no bias for or against the Chief of Police or the appellant.
5. At the appeal hearing, the hearing officer shall receive oral and written evidence from the Chief of Police and the appellant. The hearing officer shall have authority to administer oaths to those persons who will provide oral testimony. The evidence presented need not comply with the strict rules of evidence set forth in the California Evidence Code, but shall be the type of evidence upon which reasonable and prudent people rely upon in the conduct of serious affairs.
The hearing officer shall have broad authority to control the proceedings and to provide for cross examination of witnesses in a fair and impartial manner. The Chief of Police shall have the burden of proof to establish by clear and convincing evidence the facts upon which his or her decision is based. The appeal hearing shall be recorded by audio recording_ Any party may, at its sole cost and expense, utilize the services of a certified court reporter to prepare the verbatim record of the hearing. If a court reporter is used, the transcript prepared shall be made available for purchase to both panics. The hearing officer may continuc the appcal hearing from time to time, but only upon written motion of a party showing good cause for the continuance.
6. The hearing officer may uphold, modify or reverse the decision of the Chief of Police_ Within ten (10) days of the conclusion of the appeal hearing, the hearing officer shall render his or her decision and make written findings supporting the decision. He or she shall send the decision to the City Clerk. Upon receipt of the hearing officer's decision, the City Clerk shall send a copy of it to the Chief of Police and the appellant, along with a proof of mailing. 0446 15 D88
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7. Within ten (10) days from date of the City Clerk's mailing of the decision, either party may appeal the decision to the City Manager. The appeal shall be in writing and filed with the City Clerk, and shall state the grounds of the appeal and specify the errors in the hearing officer's decision. Upon receipt of the appeal, the City Clerk shall schedule the appeal for review by the City Manager to occur within thirty (30) days.
8. The City Manager's review of the appeal shall be limited to determining whether the evidence received at the appeal hearing supports the findings and decision of the hearing officer.
The City Manager shall be limited to considering the evidence presented at the appeal hearing. No public hearing shall be required and no new evidence shall be taken by the City Manager. The City Manager's decision on the appeal shall be set forth in a written opinion. The City Clerk shall mail a copy of the City Manager's opinion to the Chief of Police and the appellant along with a proof of service. Any legal action challenging the City Manager's decision shall be filed within ninety (90) days of the date of the proof of service of mailing of the City Manager's opinion, pursuant to Section 1094.5, et seq., of the California Code of Civil Procedure, The City Manager's decision shall be final and effective upon mailing of the opinion. If the appellant prevails following a final decision, the appeal fee shall be returned.
9.10.180 Severabilit�
If any section, subsection, sentence, clause or phrase of the ordinance codified in this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance codified in this chapter. The city council declares that it would have passed the ordinance codified in this chapter and each section, subsection, sentence, clause, and phrase hereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases hereof be declared invalid or unconstitutional.
9.10.190 Violation —Penalty.
A. Any person who violates any of the provisions of this chapter is guilty of an infraction, except that the fourth and each additional violation of a provision of this chapter within one year, shall be a .misdemeanor. Except as otherwise set forth herein, penalties for a violation of this chapter shall be as designated in Title 1 (General Provisions) of this code.
B. In addition to any other remedy authorized by this chapter, a violation of this chapter may be grounds for a revocation or denial of an entertainment license.
Section 5. Chapter 9.11 (Regulation of Private Security Operators) is hereby added to Title 9 (Public Peace, Morals, and Wclfarc) of the Tcmccula Municipal Code to road as follows:
"Chapter 9.11 Regulation of Private Security Operators
9.11.010 Purpose and intent.
The City of Temecula recognizes the importance of private security to preserve the public safety, health, and welfare. The purpose of this chapter is to regulate the operation of private security operators and security guards to ensure that adequate background checks, licensing, and identtfteatton are provided consistently throughout the community. 044716 D89
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9.11.020 Definitions.
"BSIS" means the California Bureau of Security and Investigation Services, and/or any successor agency that regulates private security services for the State of California. "Private Security Operator" means an independent contractor or employer who has one or more employees, which is licensed by the state to employ "proprietary private security officers" as defined by the California Business and Professions Code section 7574.01, as may be amended from time to time, and/or "private patrol operators" and/or "security guards or security officers" as defined by the California Business and Professions Code seetion 7582.1, as may be amended from time to time, which furnishes or purports to furnish services for the purpose of affording security and protection of person and property or to perform any other service directly related to the private protection of life and property.
"Security Guard" means an individual employee or independent contractor of a private security operator who is licensed by the state to be a "proprietary private security officer" as defined by the California Business and Professions Code section 7574.01, as may be amended from time to time, and/or a "private patrol operator" and/or a "security guard or security officer" as defined by the California Business and Professions Code section 7582.1, as may be amended from time to time. "Unlicensed" means a person or business that does not have a license issued by the BS1S.
9.11.030 Business Requirements.
No business shall employ an unlicensed private security operator, an unlicensed security guard, or appoint unlicensed staff to perform any security responsibilities set forth in Chapters 11.4 or 11.5 of the Califomia Business and Professions Code, as the same may be amended from time to time.
9.11.040 Business License Required.
All private security operators shall obtain a business license prior to commencing operations.
Individuals working for a private security operator and on the security operator's payroll do not require a separate business license.
9.11.050 State License Required.
All private security operators and security guards must have a valid and active license issued by the State of California. Private security operators and security guards may only operate in a way that the license permits the operator or guard to operate.
9.11.060 License Identification Required.
All private security operators must carry a valid and active license issued by the State of California whenever operating as a private security operator. All security guards must carry a valid and active license issued by the State of California whenever operating as a security guard The licenses issued above shall always be accompanied by a valid government issued identification card (i.e., Driver's License, etc.) which may verify the identity of the private security operator or security guard. The license and identification card must be made available to law enforcement and/or Code Enforcement immediately upon request.
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9.11.070 Identification of Empl<oyer/Contract.
All security guards must disclose their employer's information or the business they are contracted with upon request to law enforcement and/or Code Enforcement immediately upon request.
9.11.080 Security Name Tag.
All security guards must wear a name tag with the security guard's first name and last initial and the name of the private security operator that employs the security guard.
9.11.090 Uniforms.
Security guards must wear a uniform with the word "SECURITY" and the name of the private security operator that is employing the individual or the name of the business that security services are being provided to by the private security operator.
9.11.100 Private Security Operator Vehicles.
Private security operators and security guards shall not use any vehicle which is painted in such a manner or in such colors as to cause it to be in imitation of or can be mistaken for an official patrol or traffic vehicle of the Sheriff or of any Police Department of any City within Riverside County, nor shall any such vehicle display any emblem or decal which is an imitation of, or can be mistaken for, any official vehicle emblem or decal of the Sheriff or of any police agency of any City within the County of Riverside_
9.11.110 Private Security Operator Use of Rank and Title A private security operator shall not use, grant, or bestow, or permit any security guard to assume or use any rank or title the same as or similar to any rank or title used by the Sheriff or by any Police Department within the County of Riverside.
9.11.120 Weapons
While acting as a security guard, the security guard shall not wear equipment or weapons that are not permitted by state license.
9.11.130 Restricted from Perforrninp_ Police Duties
A private security operator or security guard shall not perform official police or investigation activities but shall immediately report every violation of law and every unusual occurrence to law enforcement.
9.11.140 Obstruction of Law Enforcement or City Staff
A private security operator or security guard shall not obstruct law enforcement, code enforcement, or the fire department from performing their duties to protect the public safety, health, and welfare. 9A1.150 Entertainment Venue High Visibility_ Requirements All businesses with Class III Entertainment license pursuant to Chapter 9.10 that employ private security operators shall require private security operators to wear a high visibility vest or shirt with the word "SECURITY" and the name of the business clearly marked on the front and back of the vest between dusk and dawn.
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Section b. Section 9.14.010 (Consumption of alcoholic beverages in public prohibited) and Section 9.14.020 (Possession of open containers of alcoholic beverages in public places prohibited.) of Chapter 9.14 (Consumption and Possession of Alcoholic Beverages Prohibited in Certain Public Places) of Title 9 (Public Peace, Morals, and Welfare) of the Temecula Municipal Code are hereby amended to read as follows (with additions appearing in underlined text), with all other provisions of Chapter 9.14 remaining unchanged:
"9.14.010 Consumption of alcoholic beverages in public prohibited.
The drinking of beer, wine, liquor, fermented malt beverage, intoxicating liquor, or other alcoholic beverage shall be prohibited at the following locations, unless specifically permitted by the prior written approval of the city:
A. On any public street, roadway, boulevard, alley, parking lot, sidewalk, or any other property owned, controlled and/or operated by the city, county or any public agency; B. In the public parking, loading, access and areas accessible to the public of nonresidential property except within the specific licensed area of the premises of a commercial establishment holding a valid on -sale license or permit from the California Department of Alcoholic Beverage Control; or
C. Within any public parr, recreational area, or recreation facility owned, controlled and/or operated by the city, county, or any public agency."
"9.14.020 Possession of open containers of alcoholic beverages in public places prohibited.
No person shall have in his or her possession, with intent to consume any part of the contents thereof, any bottle, can or other receptacle containing beer, wine, liquor, fermented malt beverage, intoxicating liquor, or other alcoholic beverage, which has been opened, or a seal broken, or the contents of which have been partially removed, at the following locations, unless specifically pennitted by the prior written approval of the city:
A. On any public street, roadway, boulevard, alley, parking lot, sidewalk, or any other property owned, controlled and/or operated by the city, county or any public agency; B. In the public parking, loading, access, and areas accessible to the public of nonresidential property except within the specific licensed area of the premises of a commercial establishment holding a valid on -sale license or permit from the California Department of Alcoholic Beverage Control; or
C. Within any public park, recreational area, or recreation facility owned, controlled and/or operated by the city, county, or any public agency."
Section 7. Table N-1 (Temecula Land Use/Noise Standard) of Section 9.20.040 (General sound level standards.) of Chapter 9.20 (Noise) of Title 9 (Public Peace Morals and Welfare) of the Temecula Municipal Code is hereby amended to add a new row to read as follows_ 0450 D92
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L.
LI
Maximum ';noise Level
Property Receiving Noise
dBA)
Tv e of Use Land Use Designation Interior Exterior
Mixcd-Usc with a residential SPI or medium or high 45 70 component residential designation
Section S. Table 17.08.030 (Schedule of Permitted Uses Commercial/Office/Industrial Districts) of Section 17-08.030 (Use regulations) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Section 17.08.030 remaining unchanged:
Table 17.08.030
Schedule of Permitted Uses
Commercial/Officellndustrial Districts
Description of Use INCICCIHTISC IPOIBP ILI
A
Adult businesses —subject to Chapter 17.09 of
the Temecula Muniei al Code
Aerobics/dance/gymnastics/j azzercise/martial
arts studios (greater than 5,000 s . ft.
Aerobicsr'dance/gymnastics/jazzercise/martial
arts studios (less than 5,000 sa. ft.)
Alcoholism or drug treatment facilities
Alcoholic beverage manufacturing'
Alcoholic beverage manufacturing with 1ii�e
entertainment=y
Alcoholic beverage sales
Ambulance services
Animal hospital/shelter
Antique restoration
Antique sales
Apparel and accessory shops
Appliance sales and repairs (household and
small appliances)
Arcades (pinball and video games)'
Art supply stores
Auction houses
Auditoriums and conference facilities
Automobile oil change/lube services with no
major repairs
- IC IC I I- I- I -
- I I I I- IC I -
See Section 17.10.020, Supplemental
development
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1 1
1 Table 17.08.030
Schedule of Permitted Uses
Cornmercial/Office/Industrial Districts
Description of Use
NC
CC
HT
SC
PO
BP
LI
Automobile painfinand body shop__
-
-
-
C
-
-
P
Automotive arts —sales
P
P
P
P
-
-
P
Automobile rental
-
C
C
P
-
-
P
Automobile repair services
-
C
C
P
-
-
P
Automobile sales (wholesale or auto broker
only) with no outdoor/storage of vehicles
_
C
C
P
-
C
C
Automobile sales with only indoor
display/storage of vehicles
_
C
C
P
-
C
C
Automobile sales with outdoor display/storage
of vehicles'
-
-
-
C
-
-
C
Automobile salvage Yards/im ound yards
-
-
-
-
-
-
C
Automobile service stations with or without are
automated car wash'
-
P
P
P
C
C
P
Automotive service stations selling beer and/or
wine —with or without an automated car wash'
C€
C 1
C`
C 1
C k
C 1
B
Bakery goods distribution
-
-
-
P
-
P
P
Bakery retail
P
P
P
P
-
_
-
Bakea wholesale
-
-
-
P
-
-
P
Banks and financial institutions]
P
P
P
P
P
P
P
Barber and beauty shops
P
P
P
P
P
P
P
Bed and breakfast �
-
C
P
-
C
-
Beer and wine market'
C
C
C
C
-
-
Bicycle sales, rentals, services
P
P
P
P
-
-
P
Billiard parlojiEool hall 99
-
C' 9
C 19
C 19
-
-
-
Binding of books and similar publications
-
-
-
-
- I
P
P
Blood bank
-
P
P
P
P
P
P
Blueprint and du licatin and copy services
-
P
P
P
P
P
P
Bookstores
P
P
P
P
-
-
Bowling alle l
-
P
P
P
-
-
-
Building material sales (with exterior
storage/sales areas greater than 50 percent of
total sales area
-
-
P
-
-
P
Building material sales (with exterior
storage/sales areas less than 50 percent of total
sales area
-
C
C
P
-
-
P
Butcher shop
P
P
P
P
-
-
-
C
Cabinet shop
_
-
-
P -
-
P
0452
an
EXHIBIT D Page30
D95
1 Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Descril2tion of Use
NC
CC
HT
SC
PO
BP
LI
Cabinet shops under 20,000 sq. ft.—no
outdoor storage
_
_
P
P
P
Camera shop sates/minor repairs)
P
P
-
P
-
-
-
Candy/confectionery sales
P
P
P
P
-
-
Car wash, full service I
-
C
C
C
Carpet and rug cleaning
-
-
-
P
-
C
P
Catering services
P
P
-
P
-
P
P
Clothing sales
P
P
-
P
-
-
-
Coins, purchase and sales
P
P
-
P
-
-
Cold storage facilities
-
-
-
-
-
-
P
Communications and microwave installations
-
-
-
-
-
-
-
Communications equipment sales
-
C
-
C
P
P
Community care facilities
P
P
P
P
-
-
I -
Computer sales and service
P
P
-
P
P
P
P
Can e rate care housing for the elderly',
P
P
P
P
P
-
-
Construction equipment sales, service or rental
-
-
-
C
-
-
P
Contractor's equipment, sales, service or rental
-
-
-
C
-
-
P
Convenience market'
C
C
C
C
C
-
Costume rentals
-
P
-
P
-
-
Crematoriums
-
-
-
-
-
-
C
Cutlery
-
P
P
P
-
-
D
Data processing equipment ands stems
C
C
-
P
P
P
P
DaX care centers
C
P
P
C
P
C
-
Delicatessen
P
P
P
P
P
P
P
Discount/department store
P
-
P
-
-
Distribution facility
-
-
-
C
-
C
P
Drug store/pharmacy
P
P
P
P
P
-
-
Dry cleaners
P
P
P
P
P
P
C
Dry cleaning plant
-
C
E
Educational institution
C
C
-
C
C
C
-
Efficiency unit housing
-
C
-
-
C
-
Emergency shelters
C
C
C
C
C
C
C
Equipment sales and rentals (no outdoor
storage)
P
P
P
C
P
Equipment sales and rentals outdoor storage)
-
-
-
C
-
-
P
F
Feed and grain sales
-
-
P
-
-
P
0453
C•
EXHIBIT D Page31
M
1 1
1 Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Descri Lion of Use
NC
CC
HT
SC
PO
BP
LI
Fire and police stations
P
P
P
P
P
P
P
Floor covering sales
-
P
P
P
-
-
-
Florist shop
P
P
P
P
P
-
-
Food processing
-
-
-
I -
-
-
I P
Fortunetellin , or similar activity
P
P
P
P
P
P
-
Frei ht terminals
-
-
-
-
-
-
P
Fuel story e and distribution
-
-
-
-
-
-
C
Funeral parlors, mortuary
-
P
P
P
-
-
C
Furniture sales
-
P
-Furniture
transfer and story e
-
-
LI:
LC
-
P
P
G
Garden supplies and equipment sales and
service
_
C
P
P
-
-
C
Gas distribution, meter and control station
-
-
-
-
-
C
C
General merchandise/retail store less than
10,000 s. ft.
C
P
P
P
-
-
-
Glass and mirrors, retail sales
-
P
P
P
-
-
-
Governmental offices
C
P
P
P
P
P
P
GroceLy store, retail'
-
P
P
P
C
-
-
Grocery store, wholesale'
-
-
-
P
-
C
P
Guns and firearm sales
-
P
-
P
-
-
-
H
Hardware stores
P
P
-
P
-
-
Health and and exercise clubs (greater than 5,000
s ft.)-
_
P
P
P
P
Health and exercise clubs {less than 5,000 sq.
ft.
C
P
P
P
C
P
-
Health care facility
P
P
P
-
P
P
P
Health food store
P
P
P
P
C
-
-
Heliports 1
-
-
.-
-
-
C
C
Hobby su2ply shop
P
P
P
P
-
-
-
Home and business maintenance service
-
_
-
P
-
P
P
Hospitals
-
C
C
C
C
C
C
Hotels/motels
-
C
P
-
C
C
-
I
Ice cream 2arlor I
P TP
P
P I
P
-
-
Im ound yard I
- I
-
-
-
_
-
C
Interior decorating service I
P
P
P
P
P
P
-
i
Junk or salvage yard
-
- -
-
-
C
W�
EXHIBIT D Page32
D97
1 1
1 Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use NC
CC
HT
SC
JPOJSP
LI
K
Kennels i
-
C
-
C
1C
I C
L
Laboratories, film, medical, research or testing
centers
_
P
P
Laundromat
P
P
P
P
Laund service commercial
-
-
-
P
-
-
P
Libraries, museums and galleries rivatc
-
C
C
C
C
C
C
Liquefied petroleum, sales and distribution
-
-
-
-
-
-
C
Liquor stares I
-
-
-
-
Lithographic service
-
-
-
P
-
P
P
Locksmith
P
P
P
P
-
-
P
M
Machine shop
P
Machinery storage yard
-
-
-
-
-
-
C
Mail order businesses
P
P
-
P
P
P
P
Manufacturing of products similar to, but not
limitcd to, the following:
Custom-made product, processing, assembling,
packaging, and fabrication of goods within
enclosed building (no outside storage), such as
jewelry, furniture, art objects, clothing, labor
-
-
-
-
-
P
P
intensive manufacturing, assembling, and
repair processes which do not involve frequent
truck traffic.
Compounding of materials, processing,
assembling, packaging, treatment or
fabrication of materials and products which
require frequent truck activity or the transfer of
heavy or bulky items. Wholesaling, storage,
and warehousing within enclosed building,
-
-
-
-
-
-
P
freight handling, shipping, truck services and
terminals, storage and wholesaling from the
premises of unrefined, raw or semirefined
products requiring further processing or
manufacturing, and outside storage.
Uses under 20,000 sq. ft, with no outside
storage
-
-
-
P
P
Commercial marijuana activity-
-
-
-
-
-
Marijuana cultivation?
Massage
P
1�.
M
EXHIBIT D Page33
Mi
1 1
1 Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Descri Lion of Use
NC
CC
HT
SC
PO
BP
LI
Medical equipment sales/rental
P
P
P
P
P
-
-
Medical marijuana dispensary-
-
-
-
Membership clubs, organizations, lodges
C
C
C
C
C
C
C
Mini -storage or mini -warehouse facilities'
-
C
-
P
-
C
P
Mobile home sales and service
-
-
-
P
-
-
P
Motion picture studio
-
-
-
P
-
P
P
Motorcycle sales and service'
-
-
-
P
-
-
C
Movie theaters
-
C
C
-
-
-
Musical and recon studio
-
C
I C
C
-
P
P
N
-
C-
C-
E
-
-
Nurseries (retail)
C
C
P
-
-
P
Nursing homes/convalescent homes
C
Ic
ic
Ic
Ic
-
-
O
Office equipment/supplies, sales/services
C
P
P
P
C
P
P
Offices, administrative, corporate headquarters
and professional services including, but not
limited to, business law, medical, dental,
veterinarian, chiropractic, architectural,
engineering, real estate, finance and insurance
P
P
P
P
P
P5.
6 P5
P
Paint and wallpaper stores
-
P
P
P
-
-
-
Parcel delivery services
P
P
P
P
P
P
P
Parkina lots and parking structures
-
C
C
C
C
P
P
Pawnshop
-
P
P
P
-
-
-
Personal service sha s
P
P I
P
P
P
P
-
Pest control services
-
C
-
C
-
P
P
Pet grooming/pet shop
P
P
P
P
-
P
P
Photographic studio
P
P
P
P
P
P
-
Plumbing supply yard (enclosed or
unenclosed)
-
-
-
C
-
-
P
Postal distribution
-
-
-
-
-
-
P
Postal services
P
P
P
P
P
P
P
Printing and publishing (newspapers,
eriodicals, books, etc.
-
C
-
P
C
P
P
Private heli ort'
-
-
-
-
C
C
C
Private heliport for hospital'
-
C
C
C
C
C
C
Private utility facilities (regulated by the
Public Utilities Commission
P
P
P
P
P
P
P
Q (Reserved)
M
EXHIBIT D Page34
M
1 1
1 Table 17.08.030
Schedule of Permitted Uses
Commercial/Officellndustrial Districts
Description of Use
NC
I CC
HT
I SC
PO
I BP
LI
R
Radio and broadcasting studios, offices
-
P
P
P
P
P
P
Radio/television transmitter
-
-
-
-
-
P
P
Recreational vehicle garks
-
-
C
-
-
-
-
Recreational vehicle sales and rentals
-
-
C
C
-
-
C
Recreational vehicle, trailer, and boat storage
within an enclosed building
C
P
P
Recreational vehicle, trailer and boat storage-
exterior yard
-
-
-
C
-
-
P
Recycling collection facilities
-
P
-
-
-
C
P
Recycling rocessin facilities
-
-
-
-
-
C
P
Religious institution, without a daycare or
educational institution
P
P
P
C
P
C
C
Religious institution, with an educational
institution
C
C
C
C
C
C
-
Religious institution, with a daycare center
C
C
C
C
C
C
-
Residential (one dwelling unit on the same
parcel as a commercial or industrial use for use
of the proprietor of the business
C
C
C
C
C
C
C
Residential, multiple -family housin
-
C-
Restaurant, drive-in/fast food
-
C
C
C
-
-
-
Restaerants {-
P
P
P
P
P
P
P
and ether- eating est-ah-1-i-AW-A-ents
-
G
G
C
-
C-
G
Restaurant (bona fide public eating
establishment) without alcohol:
P
P
P
P
P
P
P
Restaurant (bona fide public eating
establishment) with Beer & Wine Sales
P'
P'
P'
P'
P'
P'
P'
Restaurant (bona fide public eating
establishment) with Beer, Wine & Distilled'
C1
—
C'
—
C'
C'
C'
C'
—
C'
Spirits
Restaurant (bona fide public eating
es.tabl 1 shmentj with Entertainment not
-
1,
4 P'•
9 P'•
-
-
PI,
2 P1,9
includin dancing) 11 9
Restaurant (bona fide public eating
establishment) with Entertainment and/or
P
P'•()
P',9
Dancing '=9 _
0467
ON
EXHIBIT D Page35
D100
1 1
1 Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use
NC
CC
HT
I SC
PO
BP
LI
Retail support use to a noncommercial
business (limited to the sale of products
manufactured or assembled on -site and
occupying less than 15 percent of the floor
area of the business)
-
-
-
-
-
P
P
Rooming and boarding houses
-
C
-
-
S
Scale public
-
P
P
P
P
p
C
Schools, trade or vocational
-
P
P
P
P
P
C
Scientific research and development offices
and laboratories
-
-
-
-
C
P
P
Senior citizen Housing (see also congregate
care)', a
P
P
P
P
P
-
Solid waste disposal facility
-
-
-
_
-
-
C
Specialty market'
C
P
P
P
C
-
Sports and recreational facility
C
C
C
C
C
C
C
Supportive housing
-
C
-
-
C
-
-
Swap meet, entirely inside a permanent
building'
-
-
-
C
-
C
C
Swap meet, outdoor
-
-
Swimming pool supplies/equipment sales
-
P
-
P
-
-
P
T
Tailor sho2
P
p
_
_
P
Taxi or limousine service
-
P
P
P
-
_
C
Tile sales
-
P
-
P
_
Tobacco shop
C
P
P
P
-
-
-
Tool and die casting
P
Transfer, moving and storage
-
-
-
C
p
Transitional housing
-
C
-
-
C
-
-
Trans ortation terminals and stations
-
-
C
-
-
C
P
Truck sales/rentals/service '
-
-
-
C
-
-
C
TV/VCR repair I
p
p 1P
P
U
Upholstery shop
-
-
-
C -
P P
V
Vending machine sales and service
-
-
-
P I
- I
- I
P
W
Warehousing/distribution
-
-
_
-
_
C
P
Watch repair
P
P
P
-
-
P
-
Wedding chapels
-
P
P
D100
EXHIBIT D Page36
D101
1 Table 17.08.030
Schedule of Permitted Uses
Commercial/Offce/Industrial Districts
Description of Use
NC
CC
HT
SC
PO
BP
LI
Welding shop
-
-
-
-
_
-
P
WeldinR supply and service enclosed
-
-
-
P
-
P
Wine tasting shop, with or without product
sale for off -site consumption (Department of
C
P
P
P
-
-
-
Alcoholic Beverage Control Type 02 only)
Wine tasting shop, with or without product
sale for off -site consumption (Department of
Alcoholic Beverage Control License Types
C
C
C
C
-
-
-
other than Type 02
Y Reserved
Z Reserved
Notes:
I. Subject to the supplemental development standards contained in Chapter 17.10 of this code.
2. Subject to the provisions of Chapter 17.40 of the Temecula Municipal Code.
3. See Chapter 5.22 of the Temecula Municipal Code.
4. Senior housing residential projects in the CC, SC, HT and PO zones shall use the residential performance and development standards for the high -density residential zone. Senior housing residential projects in the NC zone shall use the residential performance and development standards for the medium density residential zone and the applicable supplemental development standards in Chapter 17.10, Congregate care Facilities shall use the residential performance standards.
5. New o ffice buildings in the BP and Ll zones are subject to performance standards contained in Section l 7.08.070(E).
6. Supplemental Design Review. Office buildings that are less than 50,000 square feet may be approved, conditionally approved, or denied by the city council.
7. Marijuana cultivation (as defined in Chapter 8.52) for medical, non -medical or other purposes, are prohibited uses everywhere in the city including all zoning districts, Specific Plan areas, overlay zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060 of the Temecula Municipal Code.
8. Residential, multiple -family housing shall be allowed in the PO zone only if the affordable housing overlay (AHO) applies to the property and the proposed development complies with all requirements of Chapter 17.21.
9. Subject to Chapter 9.10 JEntertainment License and Cha ter 9.1 1 (Regulation of Private Securi1y Operators Section 9. Subsections 1, 4, and 5 of "B. Alcoholic Beverage Sales" and Subsection "H" of Section 17.10.020 (Supplemental development standards.) of Chapter 17.10 (Supplemental Development Standards) of Title 17 (Zoning) of the Temecula Municipal Code are hereby amended to read as follows (with deletions appearing in strikethrough text, and additions appearing in underlined text), with all other provisions of Section 17.10.020 remaining unchanged:
"B. Alcoholic Beverage Sales.
1. All businesses or establishments offering the sale of alcoholic beverages shall obtain and thereafter maintain the appropriate license from the state of California Department of Alcohol Beverage Control. All businesses or establishments shall provide the ABC license conditions of the license and the site plan u on re uest of law enforcement or the city or, upon the request of the a licant after pre -compliance review.
4. regulated by ar etir€ent speeit=tepla-n. Restaurants shall overate under the following.requirements:
0459 D101
EXHIBIT D Page37
D102
a. Restaurants that are open to the public for business and engaged in the ancilla sale of alcoholic beverages, shall provide restaurant services to the public during all hours that the establishment is open. Restaurant service shall include but not be limited to an offering and the ability to order a varied„ menu of foods of not less than five main courses with appropriate nonalcoholic bevera es desserts salads and other attendant dishes. b. A conditional use permit is re wired for restaurants that lanon offeriLig, selling, or servine beer, wine and distilled s irits LWically a Type 41 California ABC license),unless otherwise regulated by a current Specific Plan. Restaurants offerin beer wine and distilled spirit must cease alcohol sales one half hour prior to closing. c, Restaurants are permitted to serve beer and wine(typically a Type 42 California ABC license) as„a matter of right.
d. Restaurants that desire to offer -any form of entertainment must obtain an entertainment license in accordance with Chapter 9.10.
e. Managers and staff shall obtain and maintain Responsible Beverage Service certifications as required by the California Department of Alcoholic Beverage Control). The establishment shall maintain:
i. A current listing of all staff members that are certified to sell alcohol- ii. Responsible beverage service certification numbers and expiration dates for all staff members that are certified to sell alcohol;
f. 1f a conditional use permit is required for alcoholic beverage sales a printed copy of the conditions of approval, including the approved floor plan, shall be stored on the premises in a -readily accessible location and shall be made available upon re nest to the city or law enforcement or, upon the request of the applicant after pre -compliance review.
A. All restaurants shall make a copy of the a roved ABC license the associated conditions, and the approved site plan available _immediately upon request to city staff or law enforcement or, upon the request of the applicant afterpre-compliance review. h.All security guards shall operate in accordance. with Chapter 9.11 (Regulation of Private Security Operators)."
5. for establishments with on -sale alcohol beverage sales that are not bona fide eating establishments (i.e., eamedy ehab ftig4telub, dmee ektb), the "bar area" may ONLY be an ancillary use subject to the approval of a conditional use permit." "H. Entertainment Establishments. Wevidifig Dalleing,
1. Noise levels shall not exceed the standards set forth in the noise element of the general plan or the standards set forth in Section 9.20,040.
2. Paneing, musie, a -ad similar erAertainmerA uses shall be limited to between the hears of six p.m. and t.• e a.fn, Entertainment establishments shall abide by Chapter 9 (Entertainment License).
3. The city may apply additional requirements or limitations depending on the location, surrounding uses and other considerations."
Section 10. Table 17.24.040 of Section 17.24.040 (Parking Requirements) of Chapter
17.24 (Off -Street Parking and Loading) of Title 17(Zoning) of the Temecula Municipal Code is hereby amended as follows (with additions shown in underline, and deletions shown in strikethrough text), with all other provisions of Title 17.24.040 remaining unchanged:
0460 D102
EXHIBIT D Page38
D103
1 Table 17.24.040
Parking Spaces Required
E_
1 Description of Use
Required Dumber of Spaces
Commercial Uses - Retail and Service
Restaurants
I Dine -in
1 space/100 SF-GFA, with a minimum of 10
spaces in all cases; restaurants with dance
areas must also comply with the dancing.area
standards set forth under "Recreation Uses"
Fast food
Table 17.24.040
' Parking Spaces Required
Description of Use
Required Number of Spaces
Recreation Uses
f malls Dancing area
1 space/7 gross SF dance floor area
Section 11. Section 17.34.010 (Definitions and illustration of terms) of Section of Chapter 17.34 (Definitions of Terms) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to delete the definition of "restaurant" and add definitions for "entertainment", "Restaurant (bona fide public eating establishment) without alcohol", "Restaurant (bona fide public eating establishment) with beer and wine sales", "Restaurant (bona fide public eating establishment) with beer, wine and distilled spirits" and revise the definition of "nightclubs, taverns, bars" as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Section 17.34.010 remaining unchanged:
"Entertainment" means any single event, a series „of events, or an ongoing activity or business, occurring alone or as part of another business, to which the public is invited or allowed to watch, listen, or participate in, or is conducted for the purposes of holder the attention of gaining the attention of or diverting or amusina patrons includinm, but not limited to:
l . Dancing by patron(s) to live or recorded music.
2. The presentation of music played on sound equipment operated by an agent, employee, or contractor of the establishment, commonly known as "disc jockey" or "DJ"
3._ The presentation of live music whether amplif ed or non -amplified.
4. The presentation of music videos, music concerts or other similar_ forms of musical entertainment from any source.
5. Any amusement or event such as live music_ or other live performance which is knowingly permitted by any entertainment establishment including resentations by single or -multiple erformers such as hypnotists, pantomimes,.comedians karaoke song or dance acts plays, concerts,. any type of contest; events with live animals/reptiles, sporting events, exhibitions, carnival or circus acts demonstrations of talent or items for gift or sale; shows reviews and an other such activity which may be attended by members of the public 1 D103
EXHIBIT D Page39
D104
Restaurant bona fide public eatin establishment) -without alcohol:
Means any establishment where the primM business is the re aration service and retail sales of meals comprising a varied selection of foods and nonalcoholic beverages prepared, served and consumed on the premises. Entertainment establishments that allow dancing. shall be considered a Class III establishment.
Restaurant fbona fide public eating establishment with Beer and Wine Safes:
Means any establishment where the primpa business is the preparation, service and retail sales of meals comprising a varied selection of foods nonalcoholic beverages, beer, and wine prepared, served,_and consumed on the „premises.
To be classified as a restaurant fbona fide public eating establishment with beer and wine sales an establishment shall meet the following requirements.
1. Be desi ed and operated in such a wav that the sale of alcoholic beverages is ancillaa to the primary restaurant operation,
2. The sale of aEy food prepared for consum tion off the premises shall be occasional only and clearly ancillM and subordinate to the on -premises restaurant operation,•
3. 4n any day the restaurant is open to the public for business and engaged in the ancill sale of alcoholic beverages, restaurant services shall be available to the public during all.hours of operation. Restaurant service shall include but not be limited to an offering and the ability to order a varied menu of foods of not less than five main courses with gpgrQgnate nonalcoholic beverages, desserts, and other attendant dishes.
4. �No entertainment shall be provided without an active and valid entertainment license.
5. No admission charge can be charged, and no requiredpurchase/donation is required such as a minimum drink order) for entertainment involving -dancing, b. Entertainment establishments that allow dancing shall be considered a Class III establishment pursuant to Section 9.10.020.
Restaurant (bona fide public eating establishment) with Beer, Wine and Distilled Spirits:
Means any establishment where the primM business is the preparation service and retail sales of meals nonalcoholic beverages beer,_ wine and distilled
compn5in a_vaned selection of foods, „
spirits, prepared, served and consumed on the premises, To be classified as a restaurant bona fide public eating establishment with beer, wine and distilled spirit sales an establishment shall meet the followin requirements.
1. Be desigged and operated in such a way that the sale of alcoholic beverages is ancillm to the primary restaurant operation',
2. The sale of any food prepared for consumption off the premises shall be occasional only and clearly ancillary and subordinate to the on -premises restaurant operation;
3. On any day the restaurant is open to the public for business and engaged in the ancill sale of alcoholic bevera es restaurant services shall be available to the public durin all hours of o eration. Restaurant service shall include but not be limited to an offering and the ability to order a varied menu of foods of not less than five main courses with appropriate nonalcoholic bevera es desserts and other attendant dishes.
44. No entertainment shall be provided without an active and valid entertainment license
5. No admission charge can be charged, and no required.purchaseldonation is required (such as a minimum drink orderl for entertainment involving dancing. 0462 D 104
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6. Entertainment establishments that allow dancipZ shall be considered a Class III establishment pursuant to Section 9.10.020.
"Taverns and bars" means establishments primarily providing preparation and retail sales of alcoholic beverages as licensed by the Alcoholic Beverage Control Department. Tavernsand bars with dancing shall obtain a Class III Entertainment License.'" Section 12. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.
Section 13. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law.
Section 14. Effective Date. This Ordinance shall take effect and be in full force and operation thirty (30) days after its second reading and adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 121h day of April, 2022.
Matt Rahn, Mayor
ATTE
Ran I, City Clerk
[SEAL]
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1 fl
1 STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
1, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2022-06 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 22nd day of March, 2022, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12`h day of April, 2022, by the following vote:
AYES: 5 COUNCIL MEMBERS: Alexander, Edwards, Rahn, Schwank, Stewart
NOES: 0 COUNCIL MEMBERS:
ABSTAIN: 0 COUNCIL MEMBERS
ABSENT: 0 COUNCIL MEMBERS
None
None
None
Randi Johl, City Clerk
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City of Temecula
City Clerk Department
41000 Mara Street • Temecula, CA 92590
Phone {951) 694-6444 • Fax (95 T) 694-6449 • TemeculaCA.gov Certified Mail and Return Receipt
May 5, 2022
CNC Puma Corporation
ATTN: Brand Landon, Agent for Service of Process
27555 Ynez Road, Suite 110
Temecula, California 92591
The Bank
ATTN.- Craig Puma
28645 Old Town Front Street
Temecula, California 92590
The Bank
ATTN: Amanda Moore, CEO
28645 Old Town Front Street
Temecula, California 92590
RE: CUP Revocation of the Bank — Setting of Hearing
Brand, Craig and Amanda,
I have attempted to contact Amanda Moore and Craig Puma by email to coordinate possible hearing dates regarding the CUP Revocation of the Bank but have not received a response.
The process to schedule a hearing with the Office of Administrative Hearings (OAH) is to submit a Request to Set form with three possible hearing dates coordinated with all parties, dates are still subject to availability of the OAH, if this is not accomplished than the OAH will choose a hearing date. The suggested dates are July 7, July 21 and July 25, 2022. Please let me know if these dates work or advise on other possible dates (unavailable dates: June 30, July 5, July 14, August 8, August 24-25 and September 7-9). If I do not hear back by May 16, 2022 1 will move forward and submit Request to Set with no coordinated dates with the OAH.
Please feel free to contact me by phone at
erika.ramirez temeculaca. ov with a response or if you
of the hearing.
Sincerely
--
inc,
rika a irez
Deputy i lerk 0465
951-694-6407 or by email at
have any questions regarding setting
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Citof Temecula
Comn;unity Development
41000 Main Street • Temecula, CA 92590
Phone (951) 694-6400 • Fax (951) 694-6477 • TemeculaCA.gov
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
April 18, 2022
CNC Puma Corporation
Brand Landon, Agent for Service of Process
27555 Ynez Road, Suite 110
Temecula, California 92591
Mr. Craig Puma
The Bank
28645 Old Town Front Street
Temecula, California 92590
Ms. Amanda Moore, CEO
28645 Old Town Front Street
Temecula, California 92590
Re: Notice Pursuant to Temecula Municipal Code section 17.03.085 that the Planning Director Recommends that Conditional Use Permit PA12-0041, PA08-0236, and PA07-0314 for the Property Located at 28645 Old Town Front Street Be Revoked Dear CNC Puma Corporation, Mr. Puma, and Ms. Moore:
On April 13, 2022, 1 sent you a notification pursuant to Temecula Municipal Code section 1 7.03.085 that I am recommending that Conditional Use Permit PA12-0041, PA08-0236, and PA07-0314 (collectively "CUP") approved by the City of Temecula Planning Department be revoked. The CUP allows the property located at 28645 Old Town Front Street in the City of Temecula, which is currently operated as The Bank, to hold a Type 47 ABC license and to allow for dinner entertainment for the purpose of providing background music at an existing restaurant, subject to the Conditions of Approval ("Conditions"), which are enclosed. Because a copy of the CUP with the Conditions of Approval were not enclosed with my April 13th letter, I am resending this notification with the enclosures. My recommendation that the CUP be revoked is based on The Bank's persistent violations of the CUP's Conditions as detailed below:
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CNC Puma Corporation, Mr. Puma and Ms. Moore
April 18, 2022
Condition No. 12
1. According to Condition No. 12 of PA12-0041, the regular hours of operation shall be as follows: Monday -Thursday 1 I a.m. to 10 p.m., Friday I 1 a.m. to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8 a.m. to 10 p.m. On holidays (including Cinco De Mayo) the facility shall be permitted to close at midnight.
2. Also according to Condition No. 12 of PA12-0041, the sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday, and the sale of alcoholic beverages shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing.
3. Violations: Since at least February 2021, the owners, operators, and/or managers of The Bank restaurant, have violated the permitted operating hours and have consistently operated the restaurant past 11 p.m. on Friday and Saturday nights and have sold alcoholic beverages to patrons after 11 p.m. on Friday and Saturday nights. As of the date of this letter, the City of Temecula has issued at least the following administrative citations and civil penalties for violating this Condition:
• March 5, 2021 $50.00 Citation (Paid)
• March 6, 2021 $150.00 Citation (Paid)
• March 12, 2021 $250.00 Citation (Paid)
• March 19, 2021 $250.00 Citation (Paid)
• March 20, 2021 $250.00 Citation (Paid)
• March 26, 2021 $250.00 Citation (Paid)
• March 27, 2021 $250.00 Citation (Paid)
• April 2, 2021 $250.00 Citation (Paid)
• April 9, 2021 $250.00 Citation (Paid)
• April 10, 2021 $250.00 Citation (Paid)
• April 13, 2021 $250.00 Citation (Paid)
• April 16, 2021 $250.00 Citation (Paid)
• April 17, 2021 $250.00 Citation (Paid)
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CNC Puma Corporation, Mr. Purna and Ms. Moore
April 18, 2022
• April 23, 2021 $250.00 Citation (Delinquent)
• April 24, 2021 $250.00 Citation (Delinquent)
• April 30, 2021 $250.00 Citation (Delinquent)
• May 1, 2021 $250.00 Citation (Delinquent)
• May 7, 2021 $250.00 Citation (Paid)
• May 8, 2021 $250.00 Citation (Paid)
• May 14, 2021 $250.00 Citation (Delinquent)
• May 15, 2021 $250.00 Citation (Delinquent)
• May 21, 2021 $250.00 Citation (Delinquent)
• May 22, 2021 $250.00 Citation (Delinquent)
• June 4, 2021 $250.00 Citation (Delinquent)
• June 5, 2021 $250.00 Citation (Delinquent)
• June 11, 2021 $250.00 Citation (Delinquent)
• June 12, 2021 $250.00 Citation (Delinquent)
• JuIy 2, 2021 $250.00 Citation (Paid)
• July 3, 2021 $250.00 Citation (Paid)
• July 27, 2021 $1,000 Civil Penalty (Paid)
• July 30, 2021 $1,000 Civil Penalty (Paid)
• July 31, 2021 $1,000 Civil Penalty (Paid)
• August 1, 2021 $1,000 Civil Penalty (Paid)
• August 6, 2021 $1,000 Civil Penalty (Paid)
• August 7, 2021 $1,000 Civil Penalty (Paid)
• August 8, 2021 $1,000 Civil Penalty (Paid)
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CNC Puma Corporation, Mr. Puma and Ms. Moore
April 18, 2022
• August 13, 2021 $1,000 Civil Penalty (Paid)
• August 14, 2021 $1,000 Civil Penalty (Paid)
• August 20, 2021 $1,000 Civil Penalty (Paid)
• August 21, 2021 $1,000 Civil Penalty (Paid)
• August 27, 2021 $1,000 Civil Penalty (Paid)
• August 28, 2021 $1,000 Civil Penalty (Paid)
• September 4, 2021 $1,000 Civil Penalty (Paid)
• September 10, 2021 $1,000 Civil Penalty (Paid)
• September 18, 2021 $1,000 Civil Penalty (Paid)
• September 24, 2021 $1,000 Civil Penalty (Paid)
• September 25, 2021 $1,000 Civil Penalty (Paid)
• October 1, 2021 $1,000 Civil Penalty (Paid)
• October 2, 2021 $1,000 Civil Penalty (Paid)
• October 8, 2021 $1,000 Civil Penalty (Paid)
• October 4, 2021 $1,000 Civil Penalty (Paid)
• October 15, 2021 $1,000 Civil Penalty (Paid)
• October 16, 2021 $1,000 Civil Penalty (Paid)
• October 22, 2021 $1,000 Civil Penalty (Paid)
• October 23, 2021 S1,000 Civil Penalty (Paid)
• October 30, 2021 $1,000 Civil Penalty (Paid)
• October 31, 2021 $1,000 Civil Penalty (Paid)
• November 5, 2021 $1,000 Civil Penalty (Paid)
* November 6, 2021 $1,000 Civil Penalty (Paid)
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CNC Puma Corporation, Mr. Puma and Ms. Moore
April 18, 2022
• November 12, 2021 $1,000 Civil Penalty (Paid)
• November 13, 2021 $1,000 Civil Penalty (Paid)
• November 19, 2021 $1,000 Civil Penalty (Paid)
• November 20, 2021 $1,000 Civil Penalty (Paid)
• December 3, 2021 $1,000 Civil Penalty (Paid)
• December 4, 2021 $1,000 Civil Penalty (Paid)
• December 10, 2021 $1,000 Civil Penalty (Paid)
• December 17, 2021 $1,000 Civil Penalty (Paid)
• December 18, 2021 $1,000 Civil Penalty (Paid)
• December 31, 2021 $1,000 Civil Penalty (Paid)
• January 7, 2022 $1,000 Civil Penalty (Paid)
• January 8, 2022 $1,000 Civil Penalty (Paid)
• January 15, 2022 $1,000 Civil Penalty (Delinquent)
• January 16, 2022 $1,000 Civil Penalty (Delinquent)
• January 22, 2022 $1,000 Civil Penalty (Delinquent)
• January 23, 2022 $1,000 Civil Penalty (Delinquent)
• January 28, 2022 $1,000 Civil Penalty (Delinquent)
• January 29, 2022 $1,000 Civil Penalty (Delinquent)
• February 4, 2022 $1,000 Civil Penalty (Delinquent)
• February 5, 2022 $1,000 Civil Penalty (Delinquent)
• February 11, 2022 $1,000 Civil Penalty (Delinquent)
• February 12, 2022 $1,000 Civil Penalty (Delinquent)
• February 18, 2022 $1,000 Civil Penalty (Delinquent)
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CNC Puma Corporation, Mr. Puma and Ms. Moore
April 18, 2022
• February 19, 2022 $1,000 Civil Penalty (Delinquent)
Although City staff has explained the permitted operating hours to management of The Bank, the restaurant continues to violate Condition No. 12 of PA12-0041 and it routinely operates and sells alcoholic beverages past 11 p.m. on Friday and Saturday nights.
Condition No. 28.c.
4. According to Condition No. 28.c. of PA12-0041, licensees may not permit their licensed premises to become a disorderly house. A disorderly house is defined as including a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise and loud music and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises includes the parking lot.
5. Violations: Between April 2, 2021 and July 3, 2021, the City issued the administrative citations listed below for violating the noise standards contained in Temecula Municipal Code section 9.20.040. Specifically, music played through outside speakers at the restaurant violating the maximum noise level of 70 dba for exterior noise at a commercial property. • April 9, 2021 $50.00 Citation (Paid)
• April 10, 2021 $150.00 Citation (Paid)
• April 16, 2021 $250.00 Citation (Paid)
• April 17, 2021 $250.00 Citation (Paid)
• April 23, 2021 $250.00 Citation (Delinquent)
• April 24, 2021 $250.00 Citation (Delinquent)
• April 30, 2021 $250.00 Citation (Delinquent)
• May 1, 2021 $250.00 Citation (Delinquent)
• May 8, 2021 $250.00 Citation (Paid)
• May 14, 2021 $250,00 Citation (Delinquent)
• May 15, 2021 $250.00 Citation (Delinquent)
• May 21, 2021 $250.00 Citation (Delinquent)
• May 22, 2021 $250.00 Citation (Delinquent)
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CNC Puma Corporation, Mr. Puma and Ms. Moore
April 18, 2022
• July 3, 2021 $250.00 Citation (Paid)
• July 2, 2021 $250.00 Citation (Paid)
• June 11, 2021 $250.00 Citation (Delinquent)
• June 12, 2021 $250.00 Citation (Delinquent)
6. Violations: It has been the experience of the Riverside County Sheriff s Department that there have consistently been numerous instances of disturbances, assaults, batteries, public intoxication, and other crimes on The Bank's premises and in the immediate vicinity of The Bank.
In January 2022, there was a shooting on The Bank's premises in which a former employee of The Bank was killed and two other individuals were seriously injured. The shooting occurred approximately an hour after The Bank should have been closed for the evening, yet The Bank was still operating in violation of Condition 12 of PA12-0041. The former employee and victim of the shooting had been involved in a physical altercation at The Bank months before the shooting.
According to the Riverside County Sheriffs Department, The Bank used unlicensed security guards, some of which had criminal backgrounds, and this decision to use unlicensed security guards contributed to the criminal activity at The Bank.
Revocation Process
This notification is also being sent to the City Clerk. Pursuant to Temecula Municipal Code ("TMC") Section 17.03.085(A)(1)(b), the City Clerk will refer this matter of revocation to the California Office of Administrative Hearings for an assignment to an administrative law judge to serve as an independent hearing officer. Pursuant to TMC Section 17.03.085(A)(1)(4), a public hearing shall be held before an independent hearing officer to determine whether there are grounds to revoke the permit.
Pursuant to TMC Section 17.03.085(A)(1)(5), the independent hearing officer may revoke a permit, or impose or modify any conditions imposed on the permit if he or she finds that any of the following findings can be made:
a. That the permit was obtained by omission, misrepresentation, or fraud; b. That any of the conditions of approval for the permit have not been met, or the use is operating in a manner that is inconsistent with any of the conditions of approval; C. That the use for which the permit was granted is operating in violation of any statute, ordinance, law or regulation;
Q
That the permit is being exercised in a way that is detrimental to the public health, safety or welfare or constitutes a nuisance.
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CNC Puma Corporation, Mr, Puma and Ms. Moore
April 18, 2022
You will receive notice regarding the date scheduled for the hearing. During the hearing, you and any other member of the public will be provided an opportunity to speak before the independent hearing officer to present relevant testimony and evidence as it pertains to the potential revocation of the CUP. Additional information regarding the hearing process can be found at TMC Section
17.03.085.
a
rds,
Luke Watson
Deputy City Manager
Enclosures
cc: Zip Third Investments, LLC, attn. Norman S. Solomon, property owner of 28645 Old Town Front Street, Temecula CA 92590
Randi Johl, City Clerk
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city of Temecula
F
ty Development
n Street ■ Temecula, CA 92590
dress; P.O. Box 9033 ■ Temecula, CA 92589-9033
) 694-6400 ■ Fax 19511 694-6477 ■ www.ciryoftemecuJa.org February 28, 2012
Mr. Craig Puma
The Bank of Mexican Food
28645 Old Town Front Street
Temecula, CA 92590
SUBJECT: Planning Application No. PA12-0041, A Minor Modification to a Conditional Use Permit (PA07-0314) for a Type-47 ABC license (on -sale general) to allow for dinner entertainment for the purpose of providing background music at an existing restaurant, The Bank of Mexican Food, located at 28645 Old Town Front Street.
Dear Mr. Puma:
On February 28, 2D12 the City of Temecula Planning Department approved the above referenced project.
Anyone dissatisfied with this decision may appeal it within 15 calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be fled.
This approval is effective until February 28, 2012 unless extended in accordance with the Development Code, Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date.
It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 506-5159 or by email at stuart.fisk cit oftemecla.or .
Sincerely,
Xuartk, AICP
Senior Planner
Enclosures: Conditions of Approval
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EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA12-0041
Project Description: A Minor Modification to a Conditional Use Permit (PA07- 0314) for a Type-47 ABC license (on -sale general) to
allow for dinner entertainment for the purpose of
providing background music at an existing restaurant,
The Bank of Mexican Food, located at 28645 Old Town
Front Street
Assessor's Parcel No.
MSHCP Category:
DIF Category:
TUMF Category:
Approval Date:
Expiration Date:
PLANNING DEPARTMENT
General Requirements
922-036-011
NIA
NIA
NIA
February 28, 2012
February 28, 2014
1. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense.
2. The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval.
3. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code_
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4. The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to the modification of the business, a change in scope, emphasis, size or nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is in addition to, and not in -lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review and revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon.
5. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit.
6. The permittee shall submit a minor modification application to be approved for any exterior changes made to the building, including anyfencing or gates that may be constructed in the future.
7. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval.
8. If commencementof the use has not occurred within two years of approval of this permit, the permittee may file an application at lest thirty days prior to expiration of the Conditional Use Permit, apply for up to 3 one-year extensions of time. Each extension of time shall be granted in one-year increments only.
9. Indoor dinner entertainment consisting of one keyboard or other instrument played with one vocalist for the purpose of providing background music is permitted daily from noon until 10:00 P.M.
10. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Atcoho/ and Drugs (L.E.A.D.), or received training from any otherprogram certified bythe California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 113108).
11. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (telephone number 951-676-5090).
12. Regular hours of operation shall be as follows: Monday -Thursday 11 a.m. to 10 p.m., Friday 11 a.m, to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8 a.m. to 10 p.m. On holidays (including Cinco De Mayo) the facility shall be permitted to close at midnight. The sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday. The sale of alcohol shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. (As amended at Directors Hearing or041f,b ). D 1 19
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13. A separate building permit shall be obtained prior to the commencement of construction, tenant improvement or other interior or exterior improvements requiring building permits.
14. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit.
FIRE PREVENTION
General Requirements
15. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal.
16. During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up to their original design and performance specifications (CFC art.87 et al).
17. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit.
These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection (CFC 105).
18. Prior to issuance of building permit, any changes affecting the fire sprinkler system shall require a permit for the fire sprinkler system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau.
19. Prior to issuance of building permit, any changes affecting the fire alarm system shall require a permit for the fire alarm system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. If any cooking appliances have been added and the hood extinguishing system is not tied into the fire alarm system, it will be required to do so.
COMMUNITY SERVICES DEPARTMENT
General Requirements
20. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul construction debris.
21. The Applicant shall comply with the Public Art Ordinance. Details of the ordinance can be located on the City's website at www.cityoftemecula.org; under Chapter 8.08 of the Municipal Code.
22. Prior to issuance of building permits, the developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris.
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POLICE DEPARTMENT
General Requirements
23. Applicant has applied for a Type 47 (on -sale general — eating place) through the Riverside District Office of Alcoholic Beverage Control. Authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises. Authorizes the sale of beer and wine for consumption on the licensed premises. Must operate and maintain the licensed premises as a bona fide eating place. Must make actual and substantial sales of meals, during the normal meal hours that they are open, at least five days a week. Normal mealtimes are 6:00 a.m. — 9:00 a.m., 11:00 a.m. -- 2:00 p.m., and 6:00 p.m. — 9:00 p.m. Premises that are not open five days a week must serve meals on the days they are open. Minors are allowed on the premises. The applicant currently has a Type 41 (on -sale beer and wine).
Applicant will also comply with City Ordinance 97-07, (9.14.010 Temecula Municipal Code series).
Identification will be verified utilizing one of the following:
a. A valid Califomia driver's license
b. A valid Califomia identification card
C. A valid military identification card (activelres erve/reti red/de pendent) d. A valid driver's license from any of the fifty States or Territories of the United States e. A valid U.S. Passport
f. A valid government issued identification card issued by a Federal, State, County or City agency
As noted above, only a valid government issued identification card issued by a Federal, State, County or City (municipal) agency is acceptable, providing it complies with the below requirements (25660 Business and Profession Code):
a. Name of person
b. Date of birth
C. Physical description
d. Photograph
e. Currently valid (not expired)
Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverage's is trained in the proper procedures and identification checks. For this reason, the Temecula Police Department has imposed a mandatory training for all employees involved in the service and sales of alcoholic beverages. Also, the Temecula Police Department conducts an Alcohol Review Board for all new businesses with a Type 47 license. Contact the Temecula Police Crime Prevention and Plans Officer at (951) 695-2773 to set up a training date. An Alcohol Review Board has been scheduled for Wednesday, December 12, 2007 at'10:00 a.m. at the Police Mail offee.
Training and review board must be completed prior to the usage of the Type 47 license.
Applicant will ensure all new employees/management personnel are trained in the use and service of alcoholic beverages. All alcohol training is provided free of charge by the Temecula Police Department. 041V
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28. Miscellaneous:
a. After Hours: Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B&P code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00am). (Section 25632 S&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter than the law. Those licenses are marked "Conditional." (23805 B&P).
Authority of Peace Officers/Refusing Inspection: Police officers, sheriffs deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer. (Sections 25616, 25753, and 25755 B&P; 148 and 241(b) PC).
C. Disorderly House: Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc., and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises include the parking lot, (Section 25601 B&P; 316 PC).
d. Entertainers and Conduct: On -sale licensees who offer entertainment must abide by the following rules: (1) No licensee shall permit any person to perform acts of or acts which simulate. (a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law. (b) The touching, caressing or fondling on the breast, buttocks, anus or genitals. (c) The displaying of the pubic hair, anus, vulva or genitals. (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus. (Rule 143.3 CCR. Also violates sections 311.6 PC if conduct is "obscene," e,g., intercourse, sodomy, masturbation, etc.) e. Alcohol Review Board: A review board will convene with the applicant on Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mail Storefront conference room. Final recommendations to ABC Riverside will be forwarded under separate cover.
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Citv of Temecula L,tcor-,
Planning Department
43200 Business Park Drive • Temecula, CA 92590 • Mailing Address: P.O. Box 9033 . Temecula, CA 92589-9033 (951) 694-6400 . FAX (951) 694-6477
October 15, 2008
The Bank of Mexican Food
28645 Old Town Front Street
Temecula, CA 92590
SUBJECT: Planning Application No. PA08-0236, a Minor Modification to an approved Minor Conditional Use Permit (PA07-0314) to extend the hours of operation for the sale, service and consumption of alcohol associated with a previously approved Type47 ABC license for The Bank of Mexican Food Restaurant
Dear Mr. Puma:
On October 9, 2008 the City of Temecula Planning Department approved the above referenced project subject to the following Findings and enclosed Final Conditions of Approval.
FINDINGS
Minor Modification to an approved Conditional Use Permit— 17.04.a10.J 1: The proposed use is in conformance with the general plan for Temecula and with all applicable requirements of state law and other ordinances of the city.
The proposed modification to the use is consistent with the specific policies and goals outlined in the City's General Plan that are to be implemented within the Old Town area. The proposal to extend the hours of operation for the previously approved Type 47 license (on -sale general — eating place) for an existing restaurant, The Bank of Mexican Food, is consistent with goals and polices reflected in the Old Town Specific Plan. The proposed modification to the hours of alcohol sales is also consistent with the goals and policies of the underlying General Plan Land Use Designation (Community Commercial), contained within the General Plan. The General Plan states that the Old Town area should be utilized to promote tourism and related activities within the City. The Old Town Specific Plan indicates that Old Town should be developed to provide local and tourist oriented retail services and promote existing development and uses that add to the "thematic" ambiance of the Old Town area. The proposed project is anticipated to enhance the vibrancy in the Old Town area and the extended hours for alcohol service are consistent with the provisions of state law.
2. The overall development of the land is designed for the protection of the public health, safety, and general welfare.
The Bank of Mexican Food currently exists on -site and currently holds a Type-47 ABC license.
When the property was developed it was determined that the site was adequate in size and shape to accommodate the building and all required development features. It has been determined that the project is consistent 040fo? Development Code and Old Town Sp i{r�3 G:IPLAWNG12008\PA08-0236 Bank of Mexico Minor MOD1PlanningWPPROVAL LETTER ADMINISTRATIVE.doc II L EXHIBIT E Page16
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determined that the project is consistent with the Development Code and Old Town Specific _ Plan requirements, as related to the requested ABC license hour extension to allow for alcoholic service as consistent with state law. No exterior changes are being proposed as a part of this planning application. The only change being proposed is related to the use and authorization for this existing restaurant to serve beer and wine, along with distilled spirits for extended hours, as consistent with state law. In addition, the City Police Department has reviewed the proposed minor modification to extend the hours of operation to be consistent with state law, and are supportive of this request.
Please review and sign the enclosed Acceptance of Conditions of Approval and return the document to the Planning Department within 48 hours of receipt of this letter.
Anyone dissatisfied with this decision or the Conditions of Approval may appeal it within 15 calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed.
This approval is effective until October 9, 2010 unless extended in accordance with the Development Code. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date.
It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 694-6400 or by email at your katie.lecomte[cr��cityoftemecul_a.ora.
Sincerely,
Katie Innes
Assistant Planner
K llks
Enclosures: Final Conditions of Approval
Acceptance of Conditions of Approval
cc: Angela Reveles (approval letter and Final Conditions of Approval) Department of Alcoholic Beverage Control
3737 Main Street, Suite 900
Riverside, CA 92501
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EXHIBIT A
(FINAL CONDITIONS OF APPROVAL
SCANNED': -
G DRWE:
PERMITS PLUS;
9NITIALS:
PLANNER:
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ACCEPTANCE OF CONDOS ONS OF APPROVAL
!, Cram Puma understand that Planning Application No. PA08-0236 has been approved with Conditions of Approval which are set forth in Exh.ibitA..'I have read,the Conditions of Approval and understand them. Through signing this ACCEPTANCE OF CONDITIONS OF APPROVAL, I agree and commit to the City of Temecula that I will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions. -
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EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application ft..: PA08-0136
Project Cescriptiow A Second Dwelling Unit to construct a one-story 747 square foot second dwelling unit with a 819 square foot attached two car garage -in the Very Low Density Residential zoning: district located at 41719 Fosse Way.
Assessor's Parcel No.:
MSHCP Category
DIF Category:
TUlttiF Category:
Approval Date:
Expiration Date:
955-040�001
Residential 8 DU or Less
Residential
NIA
August 19, 2008
August 19, 2006
PLANNING DEPARTMENT
Wi-thi;n 448 Flours of the Approval of This Project
PL-1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty -Four Dollars ($64.00) for the County administrative fee„ to enable the City to file the Notice of Exemption as iprovided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. if within said 48-hour .period the applicant/ developer has not dei:ivered to the Planning Department the check as required above, the approval for the project granted shall'bevoid by reason of failure of condition_ (Fish and Game Code Section 711.4(c')).
PL-2. The applicant shall review and signthe Acceptance of Conditions. of Approval'document that will be provided by the Planning Department staff and return the docume.nt.with an origiinat signature to the Planning Department.
Genera -I Requi:rernents
PL-3. The applicant and owner of t'he'real property subject to this condition shall herebyagree to indemnify,. ;protect, hold' harmless, and defend the City with Legaf Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings ,against the C1y to attack, set aside, annul, or seek monetary damages resulting, directly orindirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or 0485 D127
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legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense.
PL-4. The permittee shall obtain City approval for any modifications or revisions to the approval of this project.
PL-5. This approval shall be used within two years of the approval date, otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval.
PL-6. The Director of Planning may, upon an application being filed prior to expiration of the project, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time.
PL-7. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department for PA08-0136.
PL-8. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shal:I be deemed satisfied by staff's prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determinesto be the substantial equivalent of that required by the condition of approval, Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision.
PL-9. This is an administrative approval and shall in no way limit the City or other regulatory or service agencies from applying additional requirements and/or conditions consistent with applicable policies and standards upon the review of grading, building and other necessary permits and -approvals for the project.
PL-10 The secondary dwelling unit shall not be sold, but may be rented. The property owner must occupy either the primary residence or the secondary dwelling unit.
Prior to Issuance of Grading Permit(s)
PL-t 1. Provide the Planning Department with a copy of the underground water plans and electrical plans for verification of proper placement of transformer(s) and double detector check prior to final agreement with the utility companies.
PL.-1 2. Double detector check valves shall be either installed underground or internal to the project site at locations not visible from the public right-of-way, subject to review and approval by the Director of Planning.
PL-13. The following shall be included in the Notes Section of the Grading Plan_ "If at any time 0486 D 128
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during excavation/construction of the site., archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of .,the affected area to immediately cease.. The. Director of Planning at his/her sole discretion may require the property owner to deposit a sum of money it deems reasonably necessary to allowthe City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/ cultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director cf Planning shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning."
PL-14. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Department.
Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL-15. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit.
BUI`I.DING AND SAFETY DEPARTMENT
B-1 All design components shall: comply with applicable provisions of the 2007 edition of the California Building, Plumbing and Mechanical Codes; 2007 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabied Access Regulations, and the Temecula Municipal Code.
B-2. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees.
B-3. Obtain all, building. plans and permit approvals .prior to commencement of any construction work
B-4. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, as allowed by the City of Temecula Ordinance Number 94-21, specifically Section G(1) of Riverside County Ordinance Number 457,73, for any site within one -quarter mile of an occupied residence. The permitted hours of construction are Monday through Friday from 6�30 a.m. to 6:30 p m and Saturday from 7:00 a.m. to 6:30 p.m. No work is permuted on Sundays or Government Holidays, B-5. The City of Temecula adopted an ordinance on March 31, 2003 to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF)- This project is subject to payment of these fees at the time of building permit issuance. The fees are subject to the provisions of Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance.
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B-6. Obtain street addressing for all proposed buildings.
At Plan Review Submittal
B-7. Prcvide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review, 6-8. Provide truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer, As applicable Prior to Issuance of Building Permit(s)
B-9. Provide appropriate stamp of a registered professional with original signature on plans.
Prior to Beginning of Construction
B-10. A pre -construction meeting is required with the building inspector prior to the start of the building construction
COMMUNITY SERVICES DEPARTMENT
General Conditionsllnformation
CS-1. The developer si7ail contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris.
CS-2, The applicant shall comply with the Public Art Ordinance.
Prior to Issuance of Building Permits
CS-3. The developer shall provide TCSD verification -of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris.
FIRE PREVENTION
Prior to Issuance of G.rading Permit(s)
F-1, Fire apparatus access roads and driveways shall be assigned and maintained to support the imposed loads of fire apparatus and shall be with. a surface to provide ail - weather driving capabilities. Access roasts shall be 80,000 lbs. GVW with a minimum of AC thickness of ,25 feet. In accordance with Section 1410.1, prior to building construction all locations wnere structures are to De LJUIIU stilk lldve r'lit CxYY01alu5 access roads. (CFC Chapter 5, Section 503.2.3 and Temecula City Ordinance
15.16 020 Section E).
F-2. Fire Department vehicle access roads and driveways shall have an unobstructed width of not less than 20 feet and unobstructed vertical clearance of not iess than 13 feet 6 inches (CFC Chapter 5, Section 503.2, 503.4 and Temecula City Ordinance 15.16.020 Section E)
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F-3. Prior to building construction, dead end roadways and driveways in excess of 150 feet shall have a turnaround capable of accommodating fire apparatus. (CFC Chapter 5, Section 503.2.5 and Temecula City Ordinance 15.16.020 Section E), F-4. The gradient for fire apparatus access roads shall not exceed 15 percent (CFC Chapter
5. Section 503.2.7 and Temecula City Ordinance 15.16.020 Section E).
Prior to Issuance of Certificate of Occupancy
F-5. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department access shall be provided with the Knox Rapid entry system. for emergency access by fire fighting personnel (CFC Chapter 5, Section 506).
F-6. New and existing buildings shall have approved address numbers, building numbers or approved building identi.fication_�placed in a position that is plainly legible and visible from the street or road fronting the property, These numbers shall contrast with their background, Single-family residential units shall have four -inch letters and/or numbers, as approved by the Fire Prevention Bureau (CFC Chapter 5; Section 505.1 and Temecula City Ordinance 15.16.020 Section E).
PUBLIC WORKS DEPARTMENT
General Requirements
PW-1 _ Unless otherwise rioted, all conditions shall be completed by the developer at no cost to any Government Agency. It is understood that the developer correctly shows on the site plan all existing and proposed property lines; easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision.
PVV-2, A Grading Permit for precise grading, including all on -site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City -maintained street right-of-way.
PW-3. An. Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of�way.
PW-4, All grading. plans shall be coordinated for consistency with. adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24' x 36" City of Temecula mylars
PW-5. The project shall include construction -phase pollution prevention controls and permanent post -construction water quality protection measures into the design of the project to prevent non -permitted runoff from discharging off site or entering any storm drain system or receiving water.
Prior to Issuance of Grading Permit(s)
PW-6. A grading plan shall be prepared by a registered civil engineer in accordance with City of Temecula standards, and shall be reviewed and approved by the Department of Public Works priorto the commencement of grading.. The grading plan shall include all 0489 D131
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necessary erosion control measures needed to adequately protect the site (public and private) and adjoining properties from damage due to erosion.
PW-7. The developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works in accordance with Grading Ordinance Section 18.24.120.
PW-8. A Soils Report shall be prepared by a registered'soil or civil engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soil conditions of the site, and provide recommendations forthe construction of engineered structures and pavement sections.
PW-9. Construction -phase pollution prevention controls shall be consistent with the City's Grading, -Erosion and Sediment Control Ordinance and associated technical manual, and the City's standard notes for Erosion and Sediment Control.
PW-10, The project shall demonstrate coverage under the State NPDES General Permit for Construction Activities by providing a copy of the Waste Discharge Identification Number (I/VDID) issued by the State Water Resources Control Board (S.WRCB). A Stormwater Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of construction activities.
PW-11. As deemed necessary by the Department of Public Works, the deveioper shall receive written clearance from the Planning Department, or other affected agencies.
PW-12. The developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property.
PW-13. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set Forth in that ordinance or by providing documented evidence that the fees have already been paid P1N-14. The developer must comply with the requirements of the National Pollutant Discharge Elimination System. (NPDES) permit from the State Water Resources Control Board, No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt.
Prior to Issuance of Buiiding Permit(s)
PW-15. Precise Grading plan shall conform to applicable City of Temecula Standards subjectto approval by the Department of Public Works. The following design criteria shall be observed:
a. Flowline grades shall be 0.5% minimum over P.C.C_ and 1.00% minimum over A.C. paving.
Driveway shall conform to the applicable City of Temecula Standard Number 207. c. All, street and driveway center line intersections shall be at 90 degrees. 0490 D 132
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PVV-16. The building pad small be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered civil engineer, and the soil engineer shall issue a Final Soil Report addressing compaction and site conditions PW-17. The developer shall pay to the City the Public Facilities Development Impact 'Fee as required by, and in accordance with, Chapter 15.66 of the Temecula Municipal Code and all Resoiutions implementing Chapter 15.06.
Prior -to Issuance of Certificate of Occupancy
PW-18 As deemed necessary by the Department of Public Works the developer shall receive written clearance from Rancho California Water District, Eastern Municipal Water District, or other affected agencies.
PW-19. The existing improvements shall be reviewed. Any appurtenance damaged or Broken shall be repaired or removed and replaced to the satisfaction of the Department of Public Works.
PW-20. ` All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works, 0491 D 133
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Citv of Temecula
Planning Department
43200 Business Park Drive * Temecula, CA 92590 • Mailing Address: P.O. Box 9033 • Temecula, CA 92589-9033 (951) 694-6400 • FAX (951) 694-6477
January 4, 2008
Mr. Craig Puma
The Bank of Mexican Food
31415 Cabern Court
Temecula, CA 92591
SUBJECT: Planning Application
upgrade an existing
authorizing the sale
restaurant
Dear Mr. Puma:
No. PA07-0314, a Minor Conditional Use Permit to
Type-41 ABC license to a Type-47 ABC license
of beer, wine and distilled spirits at an existing
On January 3, 2008 the City of Temecula Planning Director approved the above referenced project subject to the enclosed final Conditions of Approval. Please review and sign the enclosed Acceptance of Conditions of Approval document and return the document with an original signature to the Planning Department within 48 hours of receipt of this letter.
Anyone dissatisfied with this decision or the Conditions of Approval may appeal it within fifteen calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed.
This approval is effective until January 3, 2010 unless extended in accordance with the Development Code. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date.
It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 694-6400 or by email at katie.lecomte aacityoftemecula.org.
Sincerely, -�--
Katie Le Comte
Assistant Planner
Enclosures: Stamped Plans
Final Conditions of Approval
Acceptance of Conditions of Approval
cc: Diane Ball, Building and Safety (no plans)
Elsa Wigle, Fire Prevention (stamped plans)
Barbara Smith, Community Services (stamped plans)
Lynn Fanene, Temecula Police Gent (stamped plans) D 134 G:IPlanning120071PA07-0314 The Bank Upgrade to Type 47 Minor CUMPlanningLAPPROVAL ITR.doc EXHIBIT E Page27
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EXHIBIT A
FINAL CONDITIONS OF APPROVAL
SCANNED:
G DRIVE:
PERMITS PLUS:
INITIALS:
PLANNER:
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ACCEPTANCE OF CONDITIONS OF APPROVAL
I, Craig Puma, understand that Planning Application No. PA07-0314 has been approved with Conditions of Approval which are set forth in Exhibit A. I have read the Conditions of Approval contained in DH Resolution No. 03-001, and understand them. Through signing this ACCEPTANCE OF CONDITIONS OF APPROVAL, I agree and commit to the City of Temecula that I will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions. f
SIGNAi E
DA TE
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EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA07.0314
Project Description: A Minor Conditional Use Permit to upgrade an existing Type-41 ABC license (on -sale beer and wine -eating
place), to a Type-47 ABC license (on -sale general), which would authorize the sale of beer, wine and distilled
spirits at an existing restaurant, The Bank of Mexican
Food, located at 28645 Old Town Front Street
Assessor's Parcel No. 922-036-011
MSHCP Category: NIA
DIF Category; NIA
TUMF Category: NIA
Approval Date: January 3, 2008
Expiration Date: January 3, 2010
WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT
Planning Department
1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty -Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicantideveloper has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Irish and Game Code Section 711.4(c)).
2. The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department.
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GENERAL REQUIREMENTS
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Planning Department
3, The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agonts. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense.
4. The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval.
5. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code.
6. The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based On changed circumstances, Changed circumstances include, but are not limited to the modification of the business, a change in scope, emphasis, size or nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is in addition to, and not in -lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review and revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon.
7. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit.
8. The permittee shall submit a minor modification application to be approved for any exterior changes made to the building, including any fencing or gates that may be constructed in the future.
9. This approval shall be used within two years of the approval date; otherwise, it small become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval.
10. If commencement of the use has not occurred within two years of approval of this permit, the permittee may file an application at lest thirty days prior to expiration of the Conditional Use Permit, apply for up to 3 one-year extensions of time. Each extension of lime shall be granted in one-year increments only.
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11. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.E.A.D.), or received training from any' other program certified by the California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 113/08).
12. An 8.5" x 11„ (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building.
Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (telephone number 951-676-5090).
13. Regular hours of operation shall be as follows: Monday -Thursday 11 a.m. to 10 p.m., Friday 11 a.m. to 11 p.m., Saturday 8 a.m_ to 11 p-m. and Sunday 8 a.m. to 10 p.m, On holidays (including Cinco De Mayo) the facility shall be permitted to close at midnight. The sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday.
The sale of alcohol shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no laterthan one hour after closing. (As amended at Directors Hearing on 113108).
14. A separate building permit shall be obtained prior to the commencement of construction, tenant improvement or other interior or exterior improvements requiring building permits. 15_ All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit.
Fire Prevention
16. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal.
17. During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up to their original design and performance specifications (CFC art.87 et al).
18. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit.
These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection (CFC 105).
19. Prior to issuance of building permit, any changes affecting the fire sprinkler system shall require a permit for the fire sprinkler system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau.
20. Prior to issuance of building permit, any changes affecting the fire alarm system shall require a permit for the fire alarm system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. If any cooking appliances have been added and 0498 D 140
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Community Services Department
21. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul construction debris.
22. The Applicant shall comply with the Public Art Ordinance. Details of the ordinance can be located on the City's website at www.cityoftemecula.org; under Chapter 6.08 of the Municipal Code.
23. Prior to issuance of building permits, the developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris.
Police Department
24. Applicant has applied for a Type 47 (on -sale general — eating place) through the Riverside District Office of Alcoholic Beverage Control_ Authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises. Authorizes the sale of beer and wine for consumption on the licensed premises. Must operate and maintain the licensed premises as a bona fide eating place. Must make actual and substantial sales of meals, during the normal meal hours that they are open, at least five days a week. Normal mealtimes are 6:00 a.m. — 9:00 a.m., 11:00 a.m. — 2:00 p.m., and 6:00 p.m. — 9:00 p.m. Premises that are not open five days a week must serve meals on the days they are open. Minors are allowed on the premises. The applicant currently has a Type 41 (on -sale beer and wine).
25. Applicant will also comply with City Ordinance 97-07, (9.14.010 Temecula Municipal Code series).
26. Identification will be verified utilizing one of the following:
a. A valid California driver's license
b. A valid California identification card
C. A valid military identification card(activelreservelretiredldependent) d. A valid driver's license from any of the fifty States or Territories of the United States e. A valid U.S. Passport
f. A valid government issued identification card issued by a Federal, State, County or City agency
27. As noted above, only a valid government issued identification card issued by a Federal, State, County or City (municipal) agency is acceptable, providing it complies with the below requirements (25660 Business and Profession Code):
a. Name of person
b. Date of birth
C. Physical description
d. Photograph
e. Currently valid (riot expired)
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28. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. For this reason, the Temecula Police Department has imposed a mandatory training for all employees involved in the service and sales of alcoholic beverages. Also, the Temecula Police Department conducts an Alcohol Review Board for all new businesses with a Type 47 license. Contact the Temecula Police Crime Prevention and Plans Officer at (951) 695-2773 to set up a training date. An Alcohol Review Board has been scheduled for Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mall office.
Training and review board must be completed prior to the usage of the Type 47 license.
Applicant will ensure all new employees/management personnel are trained in the use and service of alcoholic beverages. All alcohol training is provided free of charge by the Temecula Police Department.
29. Miscellaneous:
a. After Hours: Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m, and 6:00 a.m. (Section 25631 B&P code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00am). (Section 26632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter than the law. Those licenses are marked "Conditional_" (23805 B&P).
b. Authority of Peace Officers/Refusing Inspection: Police officers, sheriff's deputies and ABC investigators are sworn flaw enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer. (Sections 25616, 25753, and 25755 B&P; 148 and 20(b) PC).
C. Disorderly House: Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc., and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc, The licensed premises include the parking lot. (Section 25601 B&P; 316 PC).
d. Entertainers and Conduct: On -sale licensees who offer entertainment must abide by the following rules: (1) No licensee shall permit any person to perform acts of or acts which simulate: (a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law. (b) The touching, caressing or fondling on the breast, buttocks, anus or genitals. (c) The displaying of the pubic hair, anus, vulva or genitals. (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus. (Rule 143.3 CCR. Also violates sections 311.6 PC if conduct is "obscu 66., intercourse, sodomy, masturbation, etc.) GAP1ann1ngQ00'APA07-0314 The Bank Upgrade to Type 47 Minor CUPIPIanningTINAL COA-CUP.doc D 142 8 EXHIBIT E Page35
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e. Alcohol Review Board: A review board will convene with the applicant on Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mall Storefront conference room. Final recommendations to ABC Riverside will be forwarded under separate cover.
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DH RESOLUTION NO.08-001
A RESOLUTION OF THE PLANNING DIRECTOR OF THE
CITY OF TEMECULA. APPROVING PLANNING
APPLICATION NO. PA07-0314, A MINOR CONDITIONAL
USE PERMIT TO UPGRADE A TYPE41 ABC LICENSE
(ON -SALE BEER AND WINE -EATING PLACE), TO A
TYPE47 ABC LICENSE (ON -SALE GENERAL), WHICH
WOULD AUTHORIZE THE SALE OF BEER, WINE AND
DISTILLED SPIRITS AT THE BANK OF MEXICAN FOOD
RESTAURANT, LOCATED AT 28645 OLD TOWN FRONT
STREET (APN: 922-036-011)
Section 1. Procedural Findings. The Planning Director of the City of Temecula does hereby find, determine and declare that:
A. On November 7, 2007, Mr. Craig Puma, applicant and owner of The Bank of Mexican Food restaurant, filed Planning Application No. PA07-0314, a Minor Conditional Use Permit, in a manner in accord with the City of Temecula General Plan and Development Code.
B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law.
C. The Planning Director, at a regular meeting, considered the Application and environmental review on January 3, 2008, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter.
D. At the conclusion of the Director's Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA07-0314 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA07-0314 conformed to the City of Temecula's General Plan and Development Code and Old Town Specific Plan.
Section 2. Further Findings. The Planning Director, in approving Planning Application No. PA07-0314 hereby makes the following findings as required by Section
17.040.01 O.E — (Conditional Use Permit) of the Temecula Municipal Code:
Minor Conditional Use Permit — Development Code Section 17.040.010.E A. The proposed conditional use is consistent with the General Plan and the Development Code.
The proposed use is consistent with the specific policies and goals outlined in the City's General Plan that are to be implemented within the Old Town area. The proposal to upgrade an alcohol license from a Type 41 license (on -sale beer and wine — eating place) to a Type 47 license (on -sale general — eating place) for an 0502 1 D 144
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existing restaurant, The Bank of Mexican Food, located within Old Town's Tourist Retail Core zoning district is consistent with goals and polices reflected in the Old Town Specific Plan. The proposed use is also consistent with the goals and policies of the underlying General Plan Land Use Designation (Community Commercial), contained within the General Plan. The General Plan states that the Old Town area should be utilized to promote tourism and related activities within the City. The Old Town Specific Plan indicates that Old Town should be developed to provide local and tourist oriented retail services and promote existing development and uses that add to the "thematic" ambiance of the Old Town area. The proposed project is anticipated to enhance the vibrancy in the Old Town area. The project is consistent with the surrounding uses and meets all applicable Development Code requirements, including the 500' sensitive use separation requirement. The site has been properly planned and zoned and found to be physically suitable for the proposed use.
B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures.
The proposed conditional use is compatible with adjacent land uses as defined in the General Plan and Old Town Specific Plan. The proposed use has been analyzed and compared to the adjacent land uses and it has determined that the proposed use will be consistent with the surrounding uses. The area in which The Bank of Mexican Food Restaurant is located consists of a mixture of uses which includes retail and commercial, as well as other restaurant uses and wine tasting facilities. The restaurants in the immediate vicinity also serve alcoholic beverages without having an adverse effect on adjacent uses. It is anticipated that the proposed use will not adversely affect any of the surrounding properties because the use will occur within an existing building at an existing restaurant that currently holds a Type-41(on-sale beer and wine -eating place) license.
C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood.
The Bank of Mexican Food currently exists on -site and when the property was developed it was determined that the site was adequate in size and shape to accommodate the building and all required development features. It has been determined that the project is consistent with the Development Code and Old Town Specific Plan requirements, as related to the requested ABC license upgrade. No exterior changes are being proposed as a part of this planning application. The only change being proposed is related to the use and authorization for this existing restaurant to serve beer and wine, along with distilled spirits. In addition, the City Police Department has reviewed the proposed project and has issued Conditions of Approval. 0503 D 145
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D. The nature of the proposed minor conditional use is not detrimental to the health, safety and general welfare of the community.
The nature of the proposed use is not detrimental to the health, safety and general welfare of the community. The restaurant currently holds an active Type- 4 1 license (on -sale beer and wine -eating place) which allows the establishment to serve beer and wine on the premises. The upgrade to a Type-47 license (on - sale general -eating place), which will authorize the establishment to serve beer, wine and distilled spirits, will provide an additional service and convenience to patrons within the community. The site is also consistent with the City's Development Code requirement regarding separation of sensitive uses. It has been determined through GIS data that the 500 foot sensitive use separation requirement has been met. Furthermore, the City of Temecula Police Department has provided conditions of approval for the project and concurs with the request for the license upgrade and sale of alcoholic products at the project site.
Section 3. Environmental Findings. The Director of Planning hereby make the following environmental findings and determinations in connection with the approval of the Minor Conditional Use Permit application:
A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (15301, Class 1, Existing Facilities);
The key consideration for the existing facilities exemption is whether the project involves negligible or no expansion of an existing use. It has been determined that this project is categorically exempt according to CEQA Section 15301, Class 1 (Existing Facilities) because no expansion or construction is proposed as a part of this project. The restaurant currently exists on -site. The upgrade of an ABC license which authorizes this restaurant to serve not only beer and wine, but also distilled spirits, does not involve the physical expansion of the existing use or structure. The land use is not changing; the restaurant currently exists and will continue to exist. The only change is to the type of beverages that are authorized to be sold on the premises.
Section 4. Conditions. That Planning Director of the City of Temecula hereby approves Planning Application No. PA07-0314, a Minor Conditional Use Permit to upgrade a Type-41 ABC license (on -sale beer and wine -eating place), to a Type-47 ABC license (on -sale general), which would authorize the sale of beer, wine and distilled spirits at The Bank of Mexican Food restaurant, located at 28645 Old Town Front Street subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference.
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Section 5. PASSED, APPROVED AND ADOPTED by the Planning Director of the City of Temecula this 3rd day of January 2008.
Debbie Ubnoske, Director of Planning
1, Kathy Simpkins, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 08-001 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 3rd day of January 2008.
�Ka t �S i m �ps, e c r a ry
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EXHIBIT F
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EXHIBIT F Pagel
D149
City of Temecula
Community Development
41000 Main Street • Temecula, CA 92590
Phone (951) 694-6400 • Fax (951) 694-6477 • TemeculaCA.gov
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
May 19, 2022
CNC Puma Corporation
Brand Landon, Agent for Service of Process
27555 Ynez Road, Suite 110
Temecula, California 92591
/Craig Puma
The Bank
28645 Old Town Front Street
Temecula, California 92590
Amanda Moore, CEO
28645 Old Town Front Street
Temecula, California 92590
Re: Notice Pursuant to Temecula Municipal Code section 17.03.085 that the Planning Director Recommends that Conditional Use Permit PA12-0041, PA08-0236, and PA07-0314 for the Property Located at 28645 Old Town Front Street Be Revoked Dear CNC Puma Corporation, Mr. Puma, and Ms. Moore:
On April 18, 2022, I resent you a notification pursuant to Temecula Municipal Code section
17.03.085 that I am recommending that Conditional i Ise Permit PA 12-0041 , PA08-0236, and PA07-0314 (collectively "CUP") approved by the City of Temecula Planning Department be revoked. The CUP allows the property located at 28645 Old Town Front Street in the City of Temecula, which is currently operated as The Bank, to hold a Type 47 ABC license and to allow for dinner entertainment for the purpose of providing background music at an existing restaurant, subject to the Conditions of Approval ("Conditions"), which are enclosed. Because my April 18, 2022 letter contained the wrong Conditions of Approval for the PA08-0236, I am resending the notification with the correct enclosures. My recommendation that the CUP be revoked is based on The Bank's persistent violations of the CUP's Conditions as detailed below:
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CNC Puma Corporation, Mr. Puma and Ms. Moore
May 19, 2022
Condition No. 12
1. According to Condition No. 12 of PA12-0041, the regular hours of operation shall be as follows: Monday -Thursday 11 a.m. to 10 p.m., Friday 11 a.m. to I 1 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8 a.m. to 10 p.m. On holidays (including Cinco De Mayo) the facility shall be permitted to close at midnight.
2. Also according to Condition No. 12 of PA12-0041, the sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday, and the sale of alcoholic beverages shall cease at 11 p.m. on Fridays and. Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing.
3. Violations: Since at least February 2021, the owners, operators, and/or managers of The Bank restaurant, have violated the permitted operating hours and have consistently operated the restaurant past 11 p.m. on Friday and Saturday nights and have sold alcoholic beverages to patrons after 11 p.m. on Friday and Saturday nights. As of the date of this letter, the City of Temecula has issued at least the following administrative citations and civil penalties for violating this Condition:
• March 5, 2021 $50.00 Citation (Paid)
• March 6, 2021 $150.00 Citation (Paid)
• March 12, 2021 $250.00 Citation (Paid)
• March 19, 2021 $250.00 Citation (Paid)
• March 20, 2021 $250.00 Citation (Paid)
• March 26, 2021 $250.00 Citation (Paid)
• March 27, 2021 $250.00 Citation (Paid)
• April 2, 2021 $250.00 Citation (Paid)
• April 9, 2021 $250.00 Citation (Paid)
• April 10, 2021 $250.00 Citation (Paid)
• April 13, 2021 $250.00 Citation (Paid)
• April 16, 2021 $250.00 Citation (Paid)
• April 17, 2021 $250.00 Citatioroses D 150
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CNC Puma Corporation, Mr. Puma and Ms. Moore
May 19, 2022
• April 23, 2021 $250.00 Citation (Delinquent)
• April 24, 2021 $250,00 Citation (Delinquent)
• April 30, 2021 $250.00 Citation (Delinquent)
• May 1, 2021 $250.00 Citation (Delinquent)
• May 7, 2021 $250.00 Citation (Paid)
• May 8, 2021 $250.00 Citation (Paid)
• May 14, 2021 $250.00 Citation (Delinquent)
• May 15, 2021 $250.00 Citation (Delinquent)
• May 21, 2021 $250,00 Citation (Delinquent)
• May 22, 2021 $250.00 Citation (Delinquent)
• June 4, 2021 $250.00 Citation (Delinquent)
• June 5, 2021 $250.00 Citation (Delinquent)
• June 11, 2021 $250.00 Citation (Delinquent)
• June 12, 2021 $250.00 Citation (Delinquent)
• July 2, 2021 $250.00 Citation (Paid)
• July 3, 2021 $250.00 Citation (Paid)
• July 27, 2021 $1,000 Civil Penalty (Paid)
• July 30, 2021 $1,000 Civil Penalty (Paid)
• July 31, 2021 $1,000 Civil Penalty (Paid)
• August 1, 2021 $1,000 Civil Penalty (Paid)
• August b, 2021 $1,000 Civil Penalty (Paid)
• August 7, 2021 $1,000 Civil Penalty (Paid)
• August 8, 2021 $1,000 Civil Peyj,IP,aid)
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CNC Puma Corporation, Mr. Puma and Ms. Moore
May 19, 2022
• August 13, 2021 $1,000 Civil Penalty (Paid)
• August 14, 2021 $1,000 Civil Penalty (Paid)
• August 20, 2021 $1,000 Civil Penalty (Paid)
• August 21, 2021 $1,000 Civil Penalty (Paid)
• August 27, 2021 $1,000 Civil Penalty (Paid)
• August 28, 2021 $1,000 Civil Penalty (Paid)
• September 4, 2021 $1,000 Civil Penalty (Paid)
• September 10, 2021 $1,000 Civil Penalty (Paid)
• September 18, 2021 $1,000 Civil Penalty (Paid)
• September 24, 2021 $1,000 Civil Penalty (Paid)
• September 25, 2021 $1,000 Civil Penalty (Paid)
• October 1, 2021 $1,000 Civil Penalty (Paid)
• October 2, 2021 $1,000 Civil Penalty (Paid)
• October 8, 2021 $1,000 Civil Penalty (Paid)
• October 9, 2021 $1,000 Civil Penalty (Paid)
• October 15, 2021 $1,000 Civil Penalty (Paid)
• October 16, 2021 $1,000 Civil Penalty (Paid)
• October 22, 2021 $1,000 Civil Penalty (Paid)
• October 23, 2021 $1,000 Civil Penalty (Paid)
• October 30, 2021 $1,000 Civil Penalty (Paid)
• October 31, 2021 $1,000 Civil Penalty (Paid)
• November 5, 2021 $1,000 Civil Penalty (Paid)
• November 6, 2021 $1,000 Civil6wit611 (Paid)
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CNC Puma Corporation, Mr. Puma and Ms. Moore
May 19, 2022
• November 12, 2021 $1,000 Civil Penalty (Paid)
• November 13, 2021 $1,000 Civil Penalty (Paid)
• November 19, 2021 $1,000 Civil Penalty (Paid)
• November 20, 2021 $1,000 Civil Penalty (Paid)
• December 3, 2021 $1,000 Civil Penalty (Paid)
• December 4, 2021 $1,000 Civil Penalty (Paid)
• December 10, 2021 $1,000 Civil Penalty (Paid)
• December 17, 2021 $1,000 Civil Penalty (Paid)
• December 18, 2021 $1,000 Civil Penalty (Paid)
• December 31, 2021 $1,000 Civil Penalty (Paid)
• January 7, 2022 $1,000 Civil Penalty (Paid)
• January 8, 2022 $1,000 Civil Penalty (Paid)
• January 15, 2022 $1,000 Civil Penalty (Delinquent)
• January 16, 2022 $1,000 Civil Penalty (Delinquent)
• January 22, 2022 $ t,000 Civil Penalty (Delinquent)
• January 23, 2022 $1,000 Civil Penalty (Delinquent)
• January 28, 2022 $1,000 Civil Penalty (Delinquent)
• January 29, 2022 $1,000 Civil Penalty (Delinquent)
• February 4, 2022 $1,000 Civil Penalty (Delinquent)
• February 5, 2022 $1,000 Civil Penalty (Delinquent)
• February 11, 2022 $1,000 Civil Penalty (Delinquent)
• February 12, 2022 $1,000 Civil Penalty (Delinquent)
• February 18, 2022 $1,000 Civil Penalty (Delinquent)
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CNC Puma Corporation, Mr. Puma and Ms. Moore
May 19, 2022
• February 19, 2022 $1,000 Civil Penalty (Delinquent)
Although City staff has explained the permitted operating hours to management of The Bank, the restaurant continues to violate Condition No. 12 of PA12-0041 and it routinely operates and sells alcoholic beverages past I 1 p.m. on Friday and Saturday nights.
Condition No. 28.c.
4. According to Condition No. 28.c. of PA12-0041, licensees may not permit their licensed premises to become a disorderly house. A disorderly house is defined as including a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise and loud music and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises includes the parking lot.
5. Violations. Between April 2, 2021 and July 3, 2021, the City issued the administrative citations listed below for violating the noise standards contained in Temecula Municipal Code section 9.20.040. Specifically, music played through outside speakers at the restaurant violating the maximum noise level of 70 dba for exterior noise at a commercial property. • April 9, 2021 $50.00 Citation (Paid)
• April 10, 2021 $150.00 Citation (Paid)
• April 16, 2021 $250.00 Citation (Paid)
• April 17, 2021 $250.00 Citation (Paid)
• April 23, 2021 $250.00 Citation (Delinquent)
• April 24, 2021 $250.00 Citation (Delinquent)
• April 30, 2021 $250.00 Citation (Delinquent)
• May 1, 2021 $250.00 Citation (Delinquent)
• May 8, 2021 $250.00 Citation (Paid)
• May 14, 2021 $250.00 Citation (Delinquent)
• May 15, 2021. $250.00 Citation (Delinquent)
• May 21, 2021 $250.00 Citation (Delinquent)
• May 22, 2021 $250.00 Citation (Delinquent)
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CNC Puma Corporation, Mr. Puma and Ms. Moore
May 19, 2022
July 3, 2021 $250.00 Citation (Paid)
• July 2, 2021 $250.00 Citation (Paid)
June 11, 2021 $250.00 Citation (Delinquent)
• June 12, 2021 $250.00 Citation (Delinquent)
6. Violations: It has been the experience of the Riverside County Sheriff's Department that there have consistently been numerous instances of disturbances, assaults, batteries, public intoxication, and other crimes on The Bank's premises and in the immediate vicinity of The Bank.
In January 2022, there was a shooting on The Bank's premises in which a former employee of The Bank was killed and two other individuals were seriously injured. The shooting occurred approximately an hour after The Bank should have been closed for the evening, yet The Bank was still operating in violation of Condition 12 of PA12-0041. The former employee and victim of the shooting had been involved in a physical altercation at The Bank months before the shooting.
According to the Riverside County Sheriff's Department, The Bank used unlicensed security guards, some of which had criminal backgrounds, and this decision to use unlicensed security guards contributed to the criminal activity at The Bank.
Revocation Process
This notification is also being sent to the City Clerk. Pursuant to Temecula Municipal Code ("TMC") Section 17.03.085(A)(1)(b), the City Clerk will refer this matter of revocation to the California Office of Administrative Hearings for an assignment to an administrative law judge to serve as an independent hearing officer. Pursuant to TMC Section 17.03.085(A)(1)(4), a public hearing shall be held before an independent hearing officer to determine whether there are grounds to revoke the permit.
Pursuant to TMC Section 17.03.085(A)(1)(5), the independent hearing officer may revoke a permit, or impose or modify any conditions imposed on the permit if he or she finds that any of the following findings can be made:
a. That the permit was obtained by omission, misrepresentation, or fraud; b. That any of the conditions of approval for the permit have not been met, or the use is operating in a manner that is inconsistent with any of the conditions of approval; C. That the use for which the permit was granted is operating in violation of any statute, ordinance, law or regulation;
d. That the permit is being exercised in a way that is detrimental to the public health, safety or welfare or constitutes a nuisance.
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CNC Puma Corporation, Mr. Puma and Ms. Moore
May 19, 2022
You will receive notice regarding the date scheduled for the hearing. During the hearing, you and any other member of the public will be provided an opportunity to speak before the independent hearing officer to present relevant testimony and evidence as it pertains to the potential revocation of the CUP. Additional information regarding the hearing process can be found at TMC Section
17.03.085.
aReg7Wa4tsonN4
e
Deputy City Manager
Enclosures
cc: Zip Third Investments, LLC, attn. Norman S. Solomon, property owner of 28645 Old Town Front Street, Temecula, CA 92590
Maureen Licata, 1562 Despard Avenue, Victoria, British Columbia, Canada V8S 1T3 Randi Johl, City Clerk
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city of Temecula
F1000
ty Development
n Street R Temecula, C4 92594
dress: P.O. Box 9033 ■ Temecula. CA 9Z589-9033
) 694-6440 • Fax (9571694-6477 ■ www.cirycfterrecula.org February 28, 2012
Mr. Craig Puma
The Bank of Mexican Food
28645 Old Town Front Street
Temecula, CA 92590
SUBJECT: Planning Application No. PA12-0041, A Minor Modification to a Conditional Use Permit (PA07-0314) for a Type-47 ABC license (on -sale general) to allow for dinner entertainment for the purpose of providing background music at an existing restaurant, The Bank of Mexican Food, located at 28645 Old Town Front Street.
Dear Mr. Puma:
On February 28, 2012 the City of Temecula Planning Department approved the above referenced project.
Anyone dissatisfied with this decision may appeal it within 15 calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be fled.
This approval is effective until February 28, 2012 unless extended in accordance with the Development Code. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date.
It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 506-5159 or by email at [email protected].
Sincerely,
Xuar�tk, AICP
Senior Planner
Enclosures: Conditions of Approval
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EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA12-0041
Project Description: A Minor Modification to a Conditional Use Permit (PA07- 0314) for a Type-47 ABC license (on -sale general) to
allow for dinner entertainment for the purpose of
providing background music at an existing restaurant,
The Bank of Mexican Food, located at 28645 Old Town
Front Street
Assessor's Parcel No. 922-036-011
MSHCP Category: NIA
DIF Category: NIA
TUMF Category: NIA
Approval Date: February 28, 2012
Expiration Date: February 28, 2014
PLANNING DEPARTMENT
General Requirements
1. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with regal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense.
2. The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval. 3, This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code.
056
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4. The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to the modification of the business, a change in scope, emphasis, size or nature of the business, and the a>pansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is in addition to, and not in -lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review and revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon.
5. The permittee shall obtain Cityapproval for any modifications or revisions to the approval of this Conditional Use Permit.
6. The permittee shall submit a minor modification application to be approved for any exterior changes made to the building, including any fencing or gates that may be constructed in the future.
7. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 8_ If commencement of the use has not occurred within two years of approval of this permit, the permittee may file an application at lest thirty days prior to expiration of the Conditional Use Permit, apply for up to 3 one-year extensions of time. Each extension of time shall be granted in one-year increments only.
Indoor dinner entertainment consisting of one keyboard or other instrument played with one vocalist for the purpose of providing background music is permitted daily from noon until 10:00 P.M.
10, Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L..E.A.D.), or received training from any other program certified by the California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 113/08).
11. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (telephone number 951-676-5090).
12. Regular hours of operation shall be as follows: Monday -Thursday 11 a.m. to 10 p.m., Friday 11 a.m. to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8 a.m. to 10 p.m. On holidays (including Cinco De Mayo) the facility shall be permitted to close at midnight. The sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday. The sale of alcohol small cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. (As amended at Directors Hearing on 113108).
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13. A separate building permit shall be obtained prior to the commencement of construction, tenant improvement or other interior or exterior improvements requiring building permits. 14, All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit.
FIRE PREVENTION
General Requirements
15. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal.
16. During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up to their original design and performance specifications (CFC art.87 et al).
17. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. no" These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection (CFC 105).
Eive
'1
I& Prior to issuance of building permit, any changes affecting the fire sprinkler system shall require a permit for the fire sprinkler system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau.
19. Prior to issuance of building permit, any changes affecting the fire alarm system shall require a permit for the fire alarm system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. If any cooking appliances have been added and the hood extinguishing system is not tied into the Ire alarm system, it will be required to do so.
COMMUNITY SERVICES DEPARTMENT
General Requirements
20. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul construction debris.
21. The Applicant shall comply with the Public Art Ordinance. Details of the ordinance can be located on the City's website at www.cityoftemecula.org; under Chapter5.08 of the Municipal Code_
22. Prior to issuance of building permits, the developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris.
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POLICE DEPARTMENT
General Requirements
23. Applicant has applied for a Type 47 (on -sale general — eating place) through the Riverside District Office of Alcoholic Beverage Control. Authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises. Authorizes the sale of beer and wine for consumption on the licensed premises. Must operate and maintain the licensed premises as a bona fide eating place. Must make actual and substantial sales of meals, during the normal meal hours that they are open, at least five days a week. Normal mealtimes are 6:00 a.m. — 9:00 a.m., 11:00 a.m. — 2:00 p.m., and 6:00 p.m. — 9,00 p.m. Premises that are not open five days a week must serve meals on the days they are open. Minors are allowed on the premises. The applicant currently has a Type 41 (on -sale beer and wine).
24. Applicant will also comply with City Ordinance 97-07, (9.14.010 Temecula Municipal Code series).
25. Identification will be verified utilizing one of the following:
a. A valid California driver's license
b. A valid California identification card
C. A valid military identification card (activelreservelretiredldependent) d. A valid driver's license from any of the fifty States or Territories of the United States e. A valid U.S. Passport
f. A valid government issued identification card issued by a Federal, State, County or City agency
26. As noted above, only a valid government issued identification card issued by a Federal, State, County or City (municipal) agency is acceptable, providing it complies with the below requirements (25660 Business and Profession Code):
a. Name of person
b. Date of birth
C. Physical description
d. Photograph
e. Currently valid (not expired)
27. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. For this reason, the Temecula Police Department has imposed a mandatory training for all employees involved in the service and sales of alcoholic beverages. Also, the Temecula Police Department conducts an Alcohol Review Board for all new businesses with a Type 47 license. Contact the Temecula Police Crime Prevention and Plans Officer at (951) 695-2773 to set up a training date. An Alcohol Review Board has been scheduled for Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mail office.
Training and review board must be completed prior to the usage of the Type 47 license.
Applicant will ensure all new employees/management personnel are trained in the use and service of alcoholic beverages. All alcohol training is provided free of charge by the Temecula Police Department.
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Miscellaneous:
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a. After Hours: Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6.00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B&P code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00am). (,Section 25632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter than the law. Those licenses are marked "Conditional." (23805 B&P).
b. Authority of Peace Officers/Refusing Inspection: Police officers, sheriffs deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer_ (Sections 25616, 25753, and 25755 B&P; 148 and 241(b) PC).
C. Disorderly House: Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc., and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises include the parking lot. (Section 25601 B&P; 316 PC).
d. Entertainers and Conduct: On -sale licensees who offer entertainment must abide by the following rules: (1) No licensee shall permit any person to perform acts of or acts which simulate: (a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law. (b) The touching, caressing or fondling on the breast, buttocks, anus or genitals. (c) The displaying of the pubic hair, anus, vulva or genitals. (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus. (Rule 143.3 CCR. Also violates sections 311.6 PC if conduct is "obscene," e.g., intercourse, sodomy, masturbation, etc.) e. Alcohol Review Board: A review board will convene with the applicant on Wednesday, December 12, 2007 at 10:00 a.m, at the Police Mall Storefront conference room. Final recommendations to ABC Riverside will be forwarded under separate cover.
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Citv of TemeculaAgrn-)_&�)
Planning Department
43200 Business Park Drive • Temecula, CA 92590 • Mailing Address: P.O. Box 9033 • Temecula, CA 92589.9033 (951) 694-8400 • FAX (951) 694-6477
October 15, 2008
The Bank of Mexican Foot}
28645 Old Town Front Street
Temecula, CA 92590
SUBJECT. Planning Application No. PA08-0236, a Minor Modification to an approved Minor Conditional Use Permit (PA07.0314) to extend the hours of operation for the sale, service and consumption of alcohol associated with a previously approved Type-47 ABC license for The Bank of Mexican Food Restaurant
Dear Mr. Puma:
On October 9, 2008 the City of Temecula Planning Department approved the above referenced project subject to the following Findings and enclosed Final Conditions of Approval.
FINDINGS
Minor Modification to an approved Conditional Use Permit -- 17.04.010.J
1. The proposed use is in conformance with the general plan for Temecula and with all applicable requirements of state law and other ordinances of the city.
The proposed modification to the use is consistent with the specific policies and goals outlined in the City's General Plan that are to be implemented within the Old Town area. The proposal to extend the hours of operation for the previously approved Type 47 license (on -sale general — eating place) for an existing restaurant, The Bank of Mexican Food, is consistent with goals and polices reflected in the Old Town Specific Plan. The proposed modification to the hours of alcohol sales is also consistent with the goals and policies of the underlying General Plan Land Use Designation (Community Commercial), contained within the General Plan. The General Plan states that the Old Town area should be utilized to promote tourism and related activities within the City. The Old Town Specific Plan indicates that Old Town should be developed to provide local and tourist oriented retail services and promote existing development and uses that add to the 'Yhematic" ambiance of the Old Town area. The proposed project is anticipated to enhance the vibrancy in the Old Town area and the extended hours for alcohol service are consistent with the provisions of state law.
2. The overail development of the land is designed for the protection of the public health, safety, and general welfare.
The Bank of Mexican Food currently exists on -site and currently holds a Type-47 ABC license.
When the property was developed it was determined that the site was adequate in sire and shape to accommodate the building and all required development features. It has been determined that the project is consistent with the Development Code and Old Town Specific G:IPLANNING1200SlPA,0-0236 Bank of Mexico Minor M01015"PPROVAL LETTER AOMINI5TRATIVE.doc \J C',� D163
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determined that the project is consistent with the Development Code and Old Town Specific _ Plan requirements, as related to the requested ABC license hour extension to allow for alcoholic service as consistent with state law, No exterior changes are being proposed as a part of this planning application. The only change being proposed is related to the use and authorization for this existing restaurant to serve beer and wine, along with distilled spirits for extended hours, as consistent with state law. In addition, the City Police Department has reviewed the proposed mirror modification to extend the hours of operation to be consistent with state law, and are supportive of this request.
Please review and sign the enclosed Acceptance of Conditions of Approval and return the document to the Planning Department within 48 hours of receipt of this letter_ Anyone dissatisfied with this decision or the Conditions of Approval may appeal it within 15 calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed.
This approval is effective until October 9, 2010 unless extended in accordance with the Development Code. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date.
It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 694-6400 or by email at your katie.lecomte [email protected].
Sincerely,
Katie Innes
Assistant Planner
Kllks
Enclosures: Final Conditions of Approval
Acceptance of Conditions of Approval
cc: Angela Reveles (approval letter and Final Conditions of Approval) Department of Alcoholic Beverage Control
3737 Main Street, Suite 900
Riverside, CA 92501
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EXHIBIT A
FINAL CONDMONS OF APPROVAL
SCANNEM
G DRWE:
PERMITS PLUS,
INMALS
PLANNER:
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LM
ACCEPTANCE OF COMMONS OF APPROVAL
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I, Craig Puma understand that Planning Application No. PA08-0236 has been approved with Conditions of Approval which are set forth in Exhif itA..'I have read,the Conditions of Approval and understand them. Through signing this ACCEPTANCE OF CONDITIONS OF APPROVAL, I agree and commit to the City of Temecula that I will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions.
SIGNA TUBE
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EXHIBIT A
CITY OF TEMECULA
FNA@_. Ca\ DUIONG OF APPROVAL
Planning Appl,eat on l,'o.: PA08-0236
Project Description: A Minor Modification to an approved Minor Conditlonal,USe Permit (PA07-0314), to extend the hours of operation for the sale, service and consumption of alcohol associated with a previsouly approved Type-47 ABC license for The Dank of Mexican Food, located at 28645 Old Town Front Street,
Assessor's Parcel No.: 922-036-011
PASHCP Category: N/A
DIF Category, N/A
TUMF Category: NIA
Approval Date: October 9, 2008
Expiration Date: October 9, 2010
PLANNING DEPARTMENT
Within 48 Hoursof the Approval of This Project
PL-1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty -Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/ developer has not delivered to the Planning Department the check asrequifed above, the approval for the project granted shall be void by reason of failure of condition (Fish_ and Game Code Section 711 A(c)).
.PL-2. The applicant shall review and sign the Acceptance of Conditions of Approval document thnt w€il bcc provided by tho Planning Doportmcnt stOfF 0r10 4-tItUM 1 it, oocumem wim an original signature to the Planning Department,'
General Requirements
PL-3 , The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless; and defend the City with Legal Counsel of the .
City's own selection from any and all claims, actions, awards, judgments,- or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the 0525 D 167.
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City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application, The City shall be deemed for purposes of this .condition, to include any agency or mstrumentality.thereof, or any of its elected or appointed officials, officers, employees, consultants. contractors; legal 'counsel, and agents. ' City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shalt further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense.
PL-4. The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval.
PL-5. This Conditional Use Permit may be revoked pursuant to Section 17.03,080 of the City's Development Code.
PL-6 The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to- review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances, changed circumstancesinclude, but are not limited to the modification of the business, a change in scope, emphasis, size or nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is in addition to, and not in - lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review and revoke or, modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon.
PL-7 The permittee shall obtain City approval for any modifications or revisions to the approval of this. Conditional Use Permit.
PL-8. The permittee shail submit a minor modification application to be approved for any exterior changes made to the building, including any fencing or gates that may be constructed in the future.
PL-9 This approval shall be used within two years of the approval date,- .otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval,
PL-1 0, If commencement of the use has not occurred within two years of approval of this permit, the permittee may file an application at lest thirty days prior to expiration of the Conditional Use Permit, apply for up to 3 one-year extensions of time. Each extension of time shall be granted'in one-year incr6ments only.
PL-11. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohoi and Drugs (L.E.A.D.), or received training from any other program certified by 0526 D 168.
EXHIBIT F Page21
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the California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 113/08).
PL-12. An 8.5" x 11' (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be pasted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber. of Commerce (telephone number 951-676-5090).
PL-13., Regular hours of operation shall be as follows: Monday -Thursday 11a.m. to 10 p..m., -Friday 11 a.m. to 11 p m., Saturday 8 a-m. to 11 p.m. and Sunday 8 a:m. to 10 p.m.
PL-14. In the case that the restaurant manager would like to stay open past the regular hours, of operation (stated above) he/she may be permitted to stay open until 2:00 a.m. When this occurs, alcoholicbeverages may be served until 2:00 a.m. as consistent with the provisions of California State Law. .
PL-15. "Last call" for alcohol service shall occur at 1:30 a.m. as consistent with California State Law,
FL-16. A separate building permit shall be obtained prior to the' commencement of construction, -tenant improvement of other interior or exterior improvements requiring building permits.
PL-17, All of the foregoing conditions shall be complied with prior to occupancy or any use " allowed by this permit.
PL-18. All previous conditions of approval issued by the Fire Prevention Bureau, Community Service Department and Police Department, for PA07-0314 shall still apply and shall be complied with, in conjunction with the conditions set forth above. 0527
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Citv of Temecula
Planning Department
43200 Business Park Drive • Temecula, CA 92590 • Mailing Address: P.O, Box 9033 • Temccuia, CA 92599.9033 (951) 694-6400 9 FAX (951) 694-6477
January 4, 2008
Mr. Craig Puma
The Bank of Mexican Food
31415 Cabern Court
Temecula, CA 92591
SUBJECT: Planning Application No. PA07-0314, a Minor Conditional Use Permit to upgrade an existing Type-41 ABC license to a Type-47 ABC license authorizing the sale of beer, wine and distilled spirits at an existing restaurant
Dear Mr. Puma:
On January 3, 2008 the City of Temecula Planning Director approved the above referenced project subject to the enclosed final Conditions of Approval. Please review and sign the enclosed Acceptance of Conditions of Approval document and return the document with an original signature to the Planning Department within 48 hours of receipt of this letter.
Anyone dissatisfied with this decision or the Conditions of Approval may appeal it within fifteen calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed.
This approval is effective until January 3, 2010 unless extended in accordance with the Development Code. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date.
It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 694-6400 or by email at katie.lecomte(c�cityoftemecuia.org.
Sincerely,
a2�—a C �.
Katie Le Comte
Assistant Planner
Enclosures: Stamped Plans
Final Conditions of Approval
Acceptance of Conditions of Approval
cc: Diane Ball, Building and Safety (no plans)
Elsa Wigle, Fire Prevention (stamped plans)
Barbara Smith, Community Services (stamped plans)
Lynn Fanene, Temecula Police Department (stamped plans) G-. lanningl20071PA07-4314 The flank Upgrade to TypA.��SVIUP1PlanninglAPPROVAL LTR.doc 1-
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EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA07-0314
Project Description: A Minor Conditional Use Permit to upgrade an existing Type-41 ABC license (on -sale beer and wine -eating
place), to a Type-47 ABC license (on -sate general), which would authorize the sale of beer, wine and distilled
spirits at an existing restaurant, The Bank of Mexican
Food, located at 28645 Old Town Front Street
Assessor's Parcel No. 922-036-011
MSHCP Category: NIA
DIF Category: NIA
TUMF Category: NIA
Approval Date. January 3, 2008
Expiration Date: January 3, 2010
WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT
Planning Department
The applicantideveloper shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty -Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15052. If within said 48-hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711,4(c)).
2. The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Depariment.
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GENERAL REQUIREMENTS
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Planning Department
The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shalt be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense.
4. The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval.
5. This Conditional Use Permit may be revoked pursuant to Section 17.03,080 of the City's Development Code,
6. The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to the modification of the business, a change in scope, emphasis, size or nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is in addition to, and not in -lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review and revoke or modify any Conditional Use Permit approved orconditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon.
The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Uso Permit.
The permittee shall submit a minor modification application to be approved for any exterior changes made to the building, including any fencing or gates that may be constructed in the future.
9. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval.
10. If commencement of the use has not occurred within two years of approval of this permit, the permittee may file an application at lest thirty days prior to expiration of the Conditional Use Permit, apply for up to 3 one-year extensions of time. Each extension of time shall be granted in one-year increments only.
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11. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.F.A.D.), or received training from any' other program certified by the California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 113108).
12. An 8.5" x 11 " (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building.
Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (telephone number 951-676-5090).
13. Regular hours of operation shall be as follows: Monday -Thursday 11 a.m. to 10 p.m., Friday 11 a.m. toll p.m., Saturday 8 a.m. toll p.m. and Sunday 8 a_m. to 10 p.m. On holidays (including Cinco De Mayo) the facility shalt be permitted to close at midnight. The sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday.
The sale of alcohol shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. (As amended at Directors Hearing on 113108).
14. A separate building permit shall be obtained prior to the commencement of construction, tenant improvement or other interior or exterior improvements requiring building permits.
15. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit.
Fire Prevention
16. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal.
17. During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up to their original design and performance specifications (CFC art.87 et al).
18. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit.
These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection (CFC 105).
19. Prior to issuance of building permit, any changes affecting the fire sprinkler system shall require a permit for the fire sprinkler system, Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing ccrttractor to the Fire Prevention Bureau.
20. Prior to issuance of building permit, any changes affecting the fire alarm system shall require a permit for the fire alarm system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. If any cooking appliances have been added and GAPlannfng�2007'1PA07-0314 The Bank Upgrade to Type 47®r3f32P1ann!ng\FINAL COA-CUP.doc D 174 EXHIBIT F Page27
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Community Services Department
21. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul construction debris,
22. The Applicant shall comply with the Public Art Ordinance. Details of the ordinance can be located on the City's website at www.cityoftemecula.org; under Chapter 5.08 of the Municipal Code.
23. Prior to issuance of building permits, the developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris.
Police Department
24. Applicant has applied for a Type 47 (on -sale general — eating place) through the Riverside District Office of Alcoholic Beverage Control. Authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises. Authorizes the sale of beer and wine for consumption on the licensed premises. Must operate and maintain the licensed premises as a bona fide eating place. Must make actual and substantial sales of meals, during the normal meal hours that they are open, at least five days a week. Normal mealtimes are 6:00 a.m. — 9:00 a.m., 11:00 a.m. —2:00 p,m., and 6:00 p.m. — 9:00 p.m. Premises that are not open five days a week must serve meals on the days they are open. Minors are allowed on the premises. The applicant currently has a Type 41 (on -sale beer and wine),
25. Applicant will also comply with City Ordinance 97-07, (9.14.010 Temecula Municipal Code series),
26. Identification will be verified utilizing one of the following:
a, A valid California driver's license
b. A valid California identification card
C. A valid military identification card (active/reserve/retired/dependent) d. A valid driver's license from any of the fifty States or Territories of the United States e. A valid U.S. Passport
f. A valid government issued identification card issued by a Federal. State, County or City agency
27. As noted above, only a valid government issued identification card issued by a Federal, State, County or City (municipal) agency is acceptable, providing it complies with the below requirements (25660 Business and Profession Codo),
a. Name of person
b. Date of birth
C. Physical description
d. Photograph
e. Currently valid (not expired)
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28. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. For this reason, the Temecula Police Department has imposed a mandatory training for all employees involved in the service and sales of alcoholic beverages. Also, the Temecula Police Department conducts an Alcohol Review Board for all new businesses with a Type 47 license. Contact the Temecula Police Crime Prevention and Plans Officer at (951) 695-2773 to set up a training date. An Alcohol Review Board has been scheduled for Wednesday, December 12, 2007 at 10,00 a.m. at the Police Mall office.
Training and review board must be completed prior to the usage of the Type 47 license.
Applicant will ensure all new employees/management personnel are trained in the use and service of alcoholic beverages. All alcohol training is provided free of charge by the Temecula Police Department.
29. Miscellaneous:
a. After Hours: Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m, of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B&P code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00am). (Section 25632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter than the law, Those licenses are marked "Conditional." (23805 B&P),
b. Authority of Peace Officers/Refusing Inspection: Police officers, sheriffs deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer, (Sections 25616, 25753, and 25755 B&P; 148 and 241(b) PC).
C. Disorderly House: Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc., and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises include the parking lot. (Section 25601 B&P; 316 PC).
d. Entertainers and Conduct: On -sale licensees who offer entertainment must abide by the following rules: (1) No licensee shall permit any person to perform acts of or acts which simulate: (a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law. (b) The touching, caressing or fondling on the breast, buttocks, anus or genitals. (c) The displaying of the pubic hair, anus, vulva or genitals. (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus, (Rule 143.3 CCR. Also violates sections 311.6 i'C if conduct is `obscene," e.g., intercourse, sodomy, masturbation, etc.) G:Wianningl20071PA07-0314 The Bank upgrade to Type 47 I0i 5QMP1anninglFlNAL COA-CUP.doc D 1 76 EXHIBIT F Page29
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e. Alcohol Review Board: A review board will convene with the applicant on Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mall Storefront conference room. final recommendations to ABC Riverside will be forwarded under separate cover.
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DH RESOLUTION NO. 08-001
A RESOLUTION OF THE PLANNING DIRECTOR OF THE
CITY OF TEMECULA. APPROVING PLANNING
APPLICATION NO. PA07-0314, A MINOR CONDITIONAL
USE PERMIT TO UPGRADE A TYPE-41 ABC LICENSE
(ON -SALE BEER AND WINE -EATING PLACE), TO A
TYPE-47 ABC LICENSE (ON -SALE GENERAL), WHICH
WOULD AUTHORIZE THE SALE OF BEER, WINE AND
DISTILLED SPIRITS AT THE BANK OF MEXICAN FOOD
RESTAURANT, LOCATED AT 28645 OLD TOWN FRONT
STREET (APN: 922-036-011)
Section 1, Procedural Findings. The Planning Director of the City of Temecula does hereby find, determine and declare that:
A. On November 7, 2007, Mr. Craig Puma, applicant and owner of The Bank of Mexican Food restaurant, filed Planning Application No. PA07-0314, a Minor Conditional Use Permit, in a manner in accord with the City of Temecula General Plan and Development Code.
B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law.
C. The Planning Director, at a regular meeting, considered the Application and environmental review on January 3, 2008, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter.
D. At the conclusion of the Director's Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA07-0314 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA07-0314 conformed to the City of Temecula's General Plan and Development Code and Old Town Specific Plan.
Section 2. Further Findings. The Planning Director, in approving Planning Application No. PA07-0314 hereby makes the following findings as required by Section
17.040.010.E — (Conditional Use Permit) of the Temecula Municipal Code:
Minor Conditional Use Permit — Development Code Section 17.040.010.E A. The proposed conditional use is consistent with the General Plan and the Development Code.
The proposed use is consistent with the specific policies and goals outlined in the City's General Plan that are to be implemented within the Old Town area. The proposal to upgrade an alcohol license from a Type 41 license (on -sale beer and wine — eating place) to a Type 47 license (on -sale general — eating place) for an G,1Planningl2007`,PA07-0314 The Bank Upgrade to Type 47 m0536nninglDH RESOLUTION EXEMPT FROM CEQA.doc D 178 EXHIBIT F Pa e31
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existing restaurant, The Bank of Mexican Food, located within Old Town's Tourist Retail Core zoning district is consistent with goals and polices reflected in the Old Town Specific Plan. The proposed use is also consistent with the goals and policies of the underlying General Plan Land Use Designation (Community Commercial), contained within the General Plan. The General Plan states that the Old Town area should be utilized to promote tourism and related activities within the City. The Old Town Specific Plan indicates that Old Town should be developed to provide local and tourist oriented retail services and promote existing development and uses that add to the "thematic" ambiance of the Old Town area. The proposed project is anticipated to enhance the vibrancy in the Old Town area. The project is consistent with the surrounding uses and meets all applicable Development Code requirements, including the 500' sensitive use separation requirement. The site has been properly planned and zoned and found to be physically suitable for the proposed use.
B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures.
The proposed conditional use is compatible with adjacent land uses as defined in the General Plan and Old Town Specific Plan. The proposed use has been analyzed and compared to the adjacent land uses and it has determined that the proposed use will be consistent with the surrounding uses. The area in which The Bank of Mexican Food Restaurant is located consists of a mixture of uses which includes retail and commercial, as well as other restaurant uses and wine tasting facilities. The restaurants in the immediate vicinity also serve alcoholic beverages without having an adverse effect on adjacent uses. It is anticipated that the proposed use will not adversely affect any of the surrounding properties because the use will occur within an existing building at an existing restaurant that currently holds a Type-41(on-sale beer and wine -eating place) license.
C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood.
The Bank of Mexican Food currently exists on -site and when the property was developed it was determined that the site was adequate in size and shape to accommodate the building and all required development features. It has been determined that the project is consistent with the Development Code and Old Town Specific Plan requirements, as related to the requested ABC license upgrade. No exterior changes are being proposed as a part of this planning application. The only change being proposed is related to the use and authorization for this existing restaurant to serve beer and wine, along with distilled spirits_ In addition, the City Police Department has reviewed the proposed project and has issued Conditions of Approval.
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D- The nature of the proposed minor conditional use is not detrimental to the health, safety and general welfare of the community.
The nature of the proposed use is not detrimental to the health, safety and general welfare of the community. The restaurant currently holds an active Type- 41license (on -sale beer and wine -eating place) which allows the establishment to serve beer and wine on the premises. The upgrade to a Type-47 license (on - sale general -eating place), which will authorize the establishment to serve beer, wine and distilled spirits, will provide an additional service and convenience to patrons within the community. The site is also consistent with the City's Development Code requirement regarding separation of sensitive uses. It has been determined through GiS data that the 5Q0 foot sensitive use separation requirement has been met. Furthermore, the City of Temecula Police Department has provided conditions of approval for the project and concurs with the request for the license upgrade and sale of alcoholic products at the project site.
Section 3. Environmental Findings. The Director of Planning hereby make the following environmental findings and determinations in connection with the approval of the Minor Conditional Use Permit application:
A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (15301, Class 1, Existing Facilities);
The key consideration for the existing facilities exemption is whether the project involves negligible or no expansion of an existing use. It has been determined that this project is categorically exempt according to CEQA Section 15301, Class 1 (Existing Facilities) because no expansion or construction is proposed as a part of this project. The restaurant currently exists on -site. The upgrade of an ABC license which authorizes this restaurant to serve not only beer and wine, but also distilled spirits, does not involve the physical expansion of the existing use or structure. The land use is not changing; the restaurant currently exists and will continue to exist. The only change is to the type of beverages that are authorized to be sold on the premises.
Section 4. Conditions. That Planning Director of the City of Temecula hereby approves Planning Application No. PA07-0314, a Minor Conditional Use Permit to upgrade a Type-41 ABC license (on -sale beer and wine -eating place), to a Type-47 ABC license (on -sale general), which would authorize the sale of beer, wine and distilled spirits at The Bank of Mexican Food restaurant, located at 28645 Old Town Front Street subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference.
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D181
Section 5. PASSED, APPROVED AND ADOPTED by the Planning Director of the City of Temecula this 3`d day of January 2008.
Debbie Ubnoske, Director of Planning
I, Kathy Simpkins, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 08-001 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 3Id day of January 2008.
Kathy Simpkins, Secr ary
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D182
EXHIBIT A
FINAL CONDITIONS OF APPROVAL
SCANNED:
G DRIVE:
PERMITS PLUS:
INITIALS: -Ew2�
PLANNER: ke orate
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ACCEPTANCE OF CONDITIONS OF APPROVAL
1, Craig Puma, understand that Planning Application No. PA07-0314 has been approved with Conditions of Approval which are set forth in Exhibit A. I have read the Conditions of Approval contained in DH Resolution No. 08-001, and understand them. Through signing this ACCEPTANCE OF CONDITIONS OF APPROVAL, I agree and commit to the City of Temecula that I will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions. & -4-
A /-/& 03,
�e - 01Uo,1�17
SIGNAT E DATE
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EXHIBIT F Page36
EXHIBIT G
0542 D 184
EXHIBIT G Pagel
8/24/22, 10:41 PM
Gmail - The Bank CUP 2012
Gmail
The Bank CUP 2012
4 messages
Amanda Lane -Moore
To: Brad Landon
D185
Amanda Moore
Thu, Mar 11, 2021 at 5:26 PM
This is where music was added and the tam time was left out (I think is was just an error on the city's part) Thank you,
Amanda
CUP 2012.pdf
872K
Amanda Moore Sat, Sep 25, 2021 at 11:59 PM
To: [email protected]
Sent from my iPhone
Begin forwarded message:
From: Amanda Lane -Moore
Date: March 11, 2021 at 5:26:06 PM PST
To: Brad Landon
Subject: The Bank CUP 2012
[Quoted text hidden]
CUP 2012.pdf
872K
Elsa Wigle Tue, Sep 28, 2021 at 5:56 PM
To: Amanda Moore
Cc: Brian Clements , Brandon Rabidou , Edgar
Gonzalez , Jesse LaRue , Randy Wood
Amanda,
I have gone through and done the research on your CUP permits through the city and what was applied for and approved.
0543 D 185
• PA07-0314 is the original CUP that was applied for and showed the floor plan with future patio use. The patio was not approved at this time and the floor plan even indicates that future gate and &x!ZH' I ro6me?a%43P38*74843... a the
https://mai1.googIe.com/mail/u/0/?ik=8706023ccd&view=pt&search=all&permthid=thread-a%3Ar-5670440734407595619&simpI=msg-L1 /3
8/24/22, 10:41 PM
Gmail - The Bank CUP 2012
approval of a minor modification application.
• PA09-0136 is the minor modification that came in for the patio that shows 4 concrete tables and benchesa-lS6 fencing for the patio area. This was approved for this type of use. • PA12-0041 was a modification to the PA07-0314 application for a Type 47 license to allow for dinner entertainment for the purpose of providing background music. This application was approved for that use.
Sine your PA09-0136 application was never modified for the patio use, the existing use of tables and chairs remains in effect. The occupant load factor that we have given you still stands. Also your bar area showed table and chairs that were approved on the PA07-0314 application and part of the area is a waiting area. The bar area was never modified or approved for another use. The waiting area was never modified or changed on any of the applications The occupant load for the patio and bar area remain at 64. Also, based on our previous discussion, the area where you have your line in the patio area, if the customers have paid to wait in this area, they now become a paying customer and are part of the occupant load counts when we conduct them.
If you would like to proceed to apply for modifications to your existing use, you will need to get with the planning department and submit the required documents and applications.
Please let me know if you need anything else.
Elsa Wigle
Fire Marshal
City of Temecula - Riverside County Fire
(951) 240-4221
[email protected]
TemeculaCA.gov
Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.
From: Amanda Moore
Sent: Sunday, September 26, 2021 12:00 AM
To: Elsa Wigle
Subject: Fwd: The Bank CUP 2012
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
[Quoted text hidden]
Amanda Moore Wed, Sep 29, 2021 at 2:44 PM
To: Elsa Wigle
Cc: Brian Clements , Brandon Rabidou , Edgar
Gonzalez , Jesse LaRue , Randy Wood
What about the time modification that was approved? I'll(y.54c�t again.
Thank you, V D 186
Amanda Lane
EXHIBIT G Pa�e3
https://mai1.googIe.com/mail/u/0/?ik=8706023ccd&view=pt&search=all&permthid=thread-a%3Ar-5670440734407595619&simpI=msg-a%3 3874843... 2/3
8/24/22, 10:41 PM
Gmail - The Bank CUP 2012
Sent from my Phone
D187
On Sep 28, 2021, at 5:56 PM, Elsa Wigle wrote:
[Quoted text hidden]
0545 D 187
EXHIBIT G Pa�e4
https://mai1.googIe.com/mail/u/0/?ik=8706023ccd&view=pt&search=all&permthid=thread-a%3Ar-5670440734407595619&simpI=msg-a%3 3874843... 3/3
EXHIBIT H
0546 D 188
EXHIBIT H Pagel
8/24/22, 10:58 PM
Gmail - Re: FW: Bank CUP
M Gmail
Re: FW: Bank CUP
2 messages
Craig Puma
To: Luke Watson
Cc: Amanda Lane , Christy Puma
Hello Luke,
D189
The Bank
Fri, Mar 5, 2021 at 1:48 PM
Hope all is well. I am trying to get this issue cleared up regarding the hours at The Bank. As you know, Christy and I are still owners at The Bank and Amanda and Ryan are continuing the process of taking over the restaurant. Due to the Covid pandemic this has gone a lot slower than expected. They do need to fine tune the structure of the restaurant and specific needs to make it successful. Hours of operation is a huge part of that.
As for hours. Here is the history:
In February 2007, Christy and I opened as the new owners. At that time we did not want to stay open late. So, I put what our intended hours were.
October 2007 - February 2008, we got the full liquor license and asked for extended hours. Which was ultimately standard hours for a restaurant and bar - 2am closing with last call at 1:30 am.
In 2012 we applied for a Minor Mod to allow us to have indoor music. At that time, I believe and error was made and the hours were taken from the original Conditions, requiring we close at 10pm during the week and 11 pm on Friday and Saturday except for Cinco De Mayo and other holidays.
We continued to stay open until 2am since. For a brief period, in 2016, 1 believe, Christy and I made the decision to close at 1 am. Last call was at 12:30am. That was our choice due to the town getting a bit crazy after lam.
We have never been told to close before 2am and we have always been responsible business owners.
So now we are up to today. I understand there is a lot of bad element relating to other bars in Old Town. The Bank is not part of that problem and in fact has been commended by police at our efforts to offer a safe and healthy environment.
Would you work with Amanda Moore and do a Director's Review for hours only? That way The Bank, The City and the ABC will all match up with what is expected.
Amanda will be contacting you to meet and discuss. She is now VP of CNC Puma Corporation and has all authorization to act on mine and Christy's behalf. She will go through the Minor Mod with you to discuss conflicts and needs.
I appreciate your assistance to get things in order.
Thanks
Craig Puma
The Bank of Mexican Food
On Fri, Feb 19, 2021 at 3:40 PM Luke Watson wrote:
Craig,
This is what the City has officially on the books.
0547
Luke Watson
Director of Community Development
EXHIBIT H Paq�e2
https://mail.google.com/mail/u/1/?ik=deOc68677f&view=pt&search=all&permthid=thread-f%3Al693430210797281723&simpl=msg-MM16 4302107... 1/6
8/24/22, 10:58 PM
Gmail - Re: FW: Bank CUP
City of Temecula
(951) 694-6415 D 190
[email protected]
TemeculaCA.gov
Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.
From: Stuart Fisk
Sent: Wednesday, February 17, 2021 12:45 PM
To: Luke Watson
Cc: Brandon Rabidou
Subject: FW: Bank CUP
Verified CityAccount
Luke:
Attached is what Brandon was able to find for CUP related applications. PA12-0041 is the latest he found (and I do not recall any more recent applications). COA #12 list different hours for different days of the week — the latest being 11 p.m. on Friday and Saturday (Holidays and Cinco de Mayo until midnight). The COA for hours of operation were from the 2007 CUP application — in the 2012 application they requested to go until 1 a.m., but we only allowed for live entertainment with that application and did not extend their hours.
Stuart Fisk
Planning Manager
City of Temecula
(951) 506-5159
[email protected]
TemeculaCA.gov
Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.
From: Brandon Rabidou
Sent: Tuesday, January 19, 2021 4:52 PM
To: Luke Watson ; Stuart Fisk
Subject: RE: Bank CUP
o Verified City Account
Here's everything I could find in Permits Plus/Laserfiche/EnerGov related to CUP/MOD to CUP, etc. Looks like the PA12-0041 is the most recent.
Brandon Rabidou 0548 D 190
Associate Planner I
City of Temecula
EXHIBIT H Paq�e3
https://mail.google.com/mail/u/l/?ik=deOc68677f&view=pt&search=all&permthid=thread-f%3Al693430210797281723&simpl=msg-f%3A16 4302107... 2/6
8/24/22, 10:58 PM
Gmail - Re: FW: Bank CUP
(951) 506-5142
[email protected] D 191
TemeculaCA.gov
Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.
From: Luke Watson
Sent: Tuesday, January 19, 2021 4:46 PM
To: Stuart Fisk ; Brandon Rabidou
Subject: RE: Bank CUP
qO Verified City Account
No. Just the closing hours are so early.
Luke Watson
Director of Community Development
City of Temecula
(951)694-6415
[email protected]
TemeculaCA.gov
Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.
From: Stuart Fisk
Sent: Tuesday, January 19, 2021 4:45 PM
To: Luke Watson ; Brandon Rabidou
Subject: RE: Bank CUP
Verified City Account
I don't recall taking anything to hearing to modify their hours. Are you recalling something? Stuart Fisk
Planning Manager
City of Temecula
(951) 506-5159
[email protected]
TemeculaCA.gov
Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.
From: Luke Watson 0549 D 191
Sent: Tuesday, January 19, 2021 4:43 PM
EXHIBIT H Paq�e4
https://mail.google.com/mail/u/l/?ik=deOc68677f&view=pt&search=all&permthid=thread-f%3Al693430210797281723&simpl=msg-f%3A16 4302107... 3/6
8/24/22, 10:58 PM
Gmail - Re: FW: Bank CUP
To: Brandon Rabidou ; Stuart Fisk
Subject: RE: Bank CUP D 192
Verified City Account
This can't be the most up to date can it??
Luke Watson
Director of Community Development
City of Temecula
(951)694-6415
[email protected]
TemeculaCA.gov
Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.
From: Brandon Rabidou
Sent: Tuesday, January 19, 2021 4:39 PM
To: Stuart Fisk
Cc: Luke Watson
Subject: RE: Bank CUP
Verified City Account
Here is the latest MOD for the CUP that I could find quickly. Didn't have time to dig into every last file. The hours are in the attachment.
Brandon Rabidou
Associate Planner I
City of Temecula
(951) 506-5142
[email protected]
TemeculaCA.gov
Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.
From: Stuart Fisk
Sent: Tuesday, January 19, 2021 4:25 PM
To: Brandon Rabidou
Cc: Luke Watson
Subject: FW: Bank CUP
0550
it Verified City Account
D192
EXHIBIT H Paq�e5
https://mail.google.com/mail/u/l/?ik=deOc68677f&view=pt&search=all&permthid=thread-f%3Al693430210797281723&simpl=msg-f%3A16 4302107... 4/6
8/24/22, 10:58 PM
Gmail - Re: FW: Bank CUP
Brandon:
Please take a look to see what you can find on this.
Thanks,
Stuart Fisk
D193
Planning Manager
City of Temecula
(951) 506-5159
[email protected]
TemeculaCA.gov
Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.
From: Luke Watson
Sent: Tuesday, January 19, 2021 4:08 PM
To: Stuart Fisk
Subject: Bank CUP
Verified City Account
Stuart,
Can you have someone look up the Banks COA on when they have to close at night.
Thanks
Luke Watson
Director of Community Development
City of Temecula
(951)694-6415
[email protected]
41000 Main St, Temecula, CA 92590
J11
Please note that email correspondence with the City of Te i 56long with attachments, may be subject to the Califor�r i� Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. 93 EXHIBIT H Paq�e6
https://mail.google.com/mail/u/l/?ik=deOc68677f&view=pt&search=all&permthid=thread-f%3Al693430210797281723&simpl=msg-f%3A16 4302107... 5/6
8/24/22, 10:58 PM
Gmail - Re: FW: Bank CUP
D194
Craig Puma
Sent from my Google Email Account
The Bank
To: [email protected]
Sent from my iPhone
Begin forwarded message:
From: Craig Puma
Date: March 5, 2021 at 1:48:18 PM PST
To: Luke Watson
Cc: Amanda Lane , Christy Puma
Subject: Re: FW: Bank CUP
[Quoted text hidden]
111;1-*'
Tue, Jul 12, 2022 at 10:22 PM
D194
EXHIBIT H Paq�e7
https://mail.google.com/mail/u/1/?ik=deOc68677f&view=pt&search=all&permthid=thread-f%3Al693430210797281723&simpl=msg-MM16 4302107... 6/6
D195
EXHIBIT
0553 D 195
EXHIBIT I Pagel
8/24/22, 10:47 PM Gmail - Fwd: The Bank
D196
Gmail The Bank
Fwd: The Bank
4 messages
Craig Puma Wed, Mar 3, 2021 at 10:44 AM
To: Amanda Lane
Item PL14 will clear up any issues that you have. It shows that the restaurant can stay up until tam ---------- Forwarded message ---------
From: Reveles, Angela@ABC
Date: Wed, Mar 3, 2021 at 10:57 AM
Subject: The Bank
To: Craig Puma ([email protected])
Good Morning Craig,
I finally found the CUP ... you have the original CUP, the minor modification for the Patio and a modification for the hours. I sent you the CUP for the hours and attached a copy of the conditions.
The hours of operation are with the city only .... you have no hour restrictions with ABC on your conditions.
Hope this helps, have a good day!
Angela
Craig Puma
Sent from my Google Email Account
-i ABC- _20210303_095103.pdf
3874K
Craig Puma Wed, Mar 3, 2021 at 10:46 AM
To: Amanda Lane
This is exactly what I needed. Thank you so much. Have a great day. [Quoted text hidden]
Craig Puma Wed, Mar 3, 2021 at 10:48 AM
To: Luke Watson
Cc: Amanda Lane
Hello Luke,
I'm not sure why you don't have these conditions in the file for The Bank, but here's a copy for you.
Thank you
Craig
[Quoted text hidden]
0554
D196
ABC -_20210303_095103.pdf EXHIBIT I Paae2
https://mail.google.com/mail/u/1/?ik=deOc68677f&view=pt&search=all&permthid=thread-f%3Al693237481109876038&simpl=msg-f%3A16 2374811... 1/2
8/24/22, 10:47 PM
'n 3874K
Gmail - Fwd: The Bank
D197
Craig Puma Thu, Oct 28, 2021 at 4:51 PM
To: Amanda Lane , Ryan Parent , Luke Hendrix
Hello all,
Attached is the letter from the ABC stating hours were approved. The City duplicated these hours and then rescinded when we asked, 4 years later, to allow us to have indoor music. They attached the wrong hours to the file and I did not catch it.
Hope this helps.
[Quoted text hidden]
ABC- _20210303_095103.pdf
3874K
0555
D197
EXHIBIT I Paae3
https://mail.google.com/mail/u/1/?ik=deOc68677f&view=pt&search=all&permthid=thread-f%3Al693237481109876038&simpl=msg-f%3A16 2374811... 2/2
EXHIBIT J
0556 D 198
EXHIBIT J Pagel
■ PRIVATE PATROL OPERATOR (PPO)
1. Person/business that employs security guard(s) (SG) and contracts them out to another person/business must hold PPO license.
2. Person licensed as PPO may perform SG duties without holding SG registration.
3. SG must be employee on PPO payroll; independent contractor (i.e.,"1099") not permitted.
4. PPO may employ unarmed or armed SG (firearm or baton).
5. PPO cannot employ proprietary private security officer (PSO) and contract that PSO out to another person or business.
6. UNLICENSED ACTIVITY. BPC 7582.3 mandates licensure;
misdemeanor pursuant to BPC 7582.3(b) and misdemeanor
pursuant to BPC 16240.
■ SECURITY GUARD (SG)
1. Person employed by PPO to provide security services to another person or business must hold SG registration.
2. Armed SG may only be employed by a PPO, the state, or a political subdivision of the state.
3. Armed SG must possess BSIS firearms permit and only carry firearm of caliber listed on permit.
4. Armed SG (baton or firearm) must be in a uniform with shoulder patch and badge approved by Bureau (BPC 7582.27).
5. SG may not contract themselves out for security services unless they also hold a PPO license.
6. SG carrying concealed firearm while on duty must possess CCW permit and a BSIS firearms permit.
7. UNLICENSED ACTIVITY. BPC 7583.9 mandates licensure;
misdemeanor pursuant to BPC 16240.
BUREAU OF SECURITY AND INVESTIGATIVE SERVICES
P.O. Box 989002, West Sacramento, CA 95798-9002
P (916) 322-4000 P (800) 952-5210 F (916) 575-7290
WWW.BSIS.CA.GOV
d a ... 0
PDE 21-252
PROPRIETARY PRIVATE SECURITY EMPLOYER (PSE)
1. Person/business that employs proprietary private security officer (PSO) must hold PSE registration if PSO wears distinctive uniform identifying them as "security" and PSO interacts with public when performing private security duties.
2. Person with PSE registration may not perform PSO duties unless they also hold a PSO registration.
3. PSO must be employee on PSE payroll; independent contractor (i.e.,"1099") not permitted.
4. PSE cannot employ armed PSO or armed SG (firearm or baton).
5. PSE cannot contract out PSO to another person or business.
6. UNLICENSED ACTIVITY. BPC 7574.12 mandates licensure; misdemeanor pursuant to BPC 16240.
PROPRIETARY PRIVATE SECURITY OFFICER (PSO)
1. Person employed by PSE who wears distinctive uniform identifying them as "security officer" and who interacts with the public while performing private security services must hold PSO registration.
2. PSO must be employed by PSE and only provide security services to PSE.
3. PSO may not contract out security services.
4. PSO may not work for a PPO.
5. PSO may not carry/use a firearm or baton.
6. UNLICENSED ACTIVITY: Infraction citation with minimum fine of $250 and maximum of $1,000 pursuant to BPC 7574.32, and misdemeanor pursuant to BPC 16240.
Inc. Date Day Inc. Time Call Type
07/03/2021 Saturday 02:09:26 10851P Stolen Vehicle
07/04/2021 Sunday 01:30:24 242P Missdimeanor Assault with no weapons or Injury
07/13/2021 Tuesday 08:49:30 487P Grand Theft in Progress 07/16/2021 Friday 01:38:39 647F Public Intoxication
07/17/2021 Saturday 03:30:57 488P Petty Theft in Progress 07/18/2021 Sunday 01:57:12 415 Disturbing the Peace
08/01/2021 Sunday 04:57:25 SCIRC Suspicious Circumstances 08/07/2021 Saturday 06:58:12 ALARM Alarm, False Alarm
08/15/2021 Sunday 03:05:06 647F Public Intoxication
08/20/2021 Friday 01:00:15 415 Disturbing the Peace i
08/21/2021 Saturday 10:40:28 647F Public Intoxication
08/29/2021 Sunday 12:30:29 242J Missdimeanor Assault with no weapons or Injury
09/05/2021 Sunday 01:4120 415 Disturbing the Peace
09/10/2021 Friday 01:14:05 SINFO Suspect Information
09/12/2021 Sunday 06:44:15 242 Battery
10/02/2021 Saturday 09:06:11 MCRIMI Miscellaneous/Criminal 10/16/2021 Saturday 06:35:16 415 Disturbing the Peace
10/17/2021 Sunday 07:54:42 242J Missdimeanor Assault with no weapons or Injury
10/30/2021 Saturday 11:25:24 415 Disturbing the Peace
11/14/2021 Sunday 03:12:39 242P Missdimeanor Assault with no weapons or Injury
11/19/2021 Friday 01:50:28 245 Assault with a Deadly
Weapon
11/23/2021 Tuesday 04:34:11 FU Follow Up
11/24/2021 Wednesday 06:20:57 211S Robbery Alarm, Silent 11/27/2021 Saturday 01:56:58 246.3 Negligent Discharge of a Firearm
11/27/2021 Saturday 02:20:01 245P Assault with a Deadly Weapon
12/26/2021 Sunday 09:13:49 SPERS Suspicious Person
01/02/2022 Sunday 02:40:29 FPROPE Found Property
01/09/2022 Sunday 10:42:19 187 Murder
01/11/2022 Tuesday 07:03:44 FU Follow Up
01/13/2022 Thursday 10:37:32 WEAPON Weapons Violation
01/28/2022 Friday 10:13:51 415 Disturbing the Peace
01/29/2022 Saturday 02:35:04 647F Public Intoxication
02/14/2022 Monday 11:30:36 LPROPE Lost Property
03/11/2022 Friday 11:45:07 PASSIS Public Assist
03/27/2022 Sunday 02:27:23 242 Battery
03/27/2022 Sunday 04:57:24 23152 Driving Under the Influence 04/03/2022 Sunday 05:39:03 415 Disturbing the Peace
05/15/2022 Sunday 01:57:03 SCIRC Suspicious Circumstances 05/29/2022 Sunday 01:06:17 242 Battery
07/16/2022 Saturday 11:28:25 AOD Assist Other Department Call Number Officer Officer Name 1 Address City Rc Time Di Time Ar Time Cl Time Disp Written 1 0
TE-211840029 N3162 MARTINEZ, SARA 28645 OLD TOWN FRONT ST TEMECULA 07/03/2021 02:09:26 07/03/2021 02:12:41 07/03/2021 02:14:04 07/03/2021 03:10:55 R YES TE-211850084 4698 JACOBO, THOMAS 28645 OLD TOWN FRONT ST TEMECULA 07/04/2021 01:30:24 07/04/2021 01:31:03 07/04/2021 01:58:25 07/04/2021 03:06:32 R YES TE-211940037
5671
HERNANDEZ, DELILAH 28645 OLD TOWN FRONT ST
TEMECULA
TE-211970010
5144
COLINA, NOEL
28645 OLD TOWN FRONT ST
TEMECULA
TE-211980030
5307
WAMBAUGH, ASHLEY 28645 OLD TOWN FRONT ST
TEMECULA
TE-211990023
3649
GUIMONT, WILLIAM
28645 OLD TOWN FRONT ST
TEMECULA
TE-212130132
5270
SIAW, SAMANTHA
28645 OLD TOWN FRONT ST
TEMECULA
TE-212190026
4323
HOCTOR, DANIEL
28645 OLD TOWN FRONT ST
TEMECULA
TE-212270027
5375
CATALINE, DYLAN
28645 OLD TOWN FRONT ST
TEMECULA
TE-212320005
5375
CATALINE, DYLAN
28645 OLD TOWN FRONT ST
TEMECULA
TE-212330209
3910
GOMEZ, SONIA
28645 OLD TOWN FRONT ST
TEMECULA
TE-212410008
5104
BOWMAN, ROBERT
.28645 OLD TOWN FRONT ST
TEMECULA
TE-212480015
4818
WEBER, CHRISTINA
28645 OLD TOWN FRONT ST
TEMECULA
TE-212530004
4674
MURPHY, KORY
28645 OLD TOWN FRONT ST
TEMECULA
TE-212550132
5104
BOWMAN, ROBERT
28645 OLD TOWN FRONT ST
TEMECULA
TE-212750217
3910
GOMEZ, SONIA
28645 OLD TOWN FRONT ST
TEMECULA
TE-212890147
4286
VALTIERRA, ADOLFO
28645 OLD TOWN FRONT ST
TEMECULA
TE-212900157
5729
CHIRAFISI, NICHOLAS
28645 OLD TOWN FRONT ST
TEMECULA
07/13/202108:49:30 07/13/202111:14:09 07/13/202111:21:17 07/13/202111:51:30 R YES 07/16/202101:38:39 07/16/202102:00:58 07/16/202102:09:22 07/16/202103:40:55 RA YES 07/17/202103:30:57 07/17/202106:43:11 07/17/202106:44:18 07/17/202106:46:16 NS NO 07/18/202101:57:12 07/18/202101:57:13 07/18/202101:57:13 07/18/202102:10:14 NE NO 08/01/202104:57:25 08/01/202105:10:48 08/01/202105:33:36 08/01/202109:30:43 R YES 08/07/202106:58:12 08/07/202106:58:43 08/07/202107:00:00 08/07/202107:04:32 NE NO 08/15/202103:05:06 08/15/202103:05:52 08/15/202103:10:53 08/15/202105:10:22 RA YES 08/20/202101:00:15 08/20/202101:07:34 08/20/202101:10:42 08/20/202101:11:59 NE NO 08/21/202110:40:28 08/21/202110:42:10 08/21/202110:48:30 08/21/202110:57:55 NE NO 08/29/202112:30:29 08/29/202112:31:58 08/29/202112:31:58 08/29/202112:57:18 R YES 09/05/202101:41:20 09/05/202101:4217 09/05/20210'1i42.17 09/05/202102:48:15 NE NO 09/10/2021 01:14:05 09/10/2021 01:32:58 09/10/2021 01:39:45 09/10/2021 02:50:30 W YES 09/12/202106:44:15 09/12/202106:44:16 09/12/202106:44:16 09/12/202107:08:18 R YES 10/02/202109:06:11 10/021202109:06:34 10/02/202109:07:23 10/02/202109:42:26 NE NO 10/16/202106:35:16 10/16/202106:37:52 10/16/202106:42:16 10/16/202106:45:24 NE NO 10/17/202107:53:45 10/17/202107:57:51 10/17/202108:01:29 NO TE-213030248 4286 VALTIERRA, ADOLFO 28645 OLD TOWN FRONT ST TEMECULA 10/30/2021 11:25:24 10/30/2021 11:25:25 10/30/2021 11:25:25 10/30/2021 11:31:08 NE NO TE-213180033 5918 ROBLES,CARLOS 28645 OLD TOWN FRONT ST TEMECULA 11/14/2021 03:12:39 11/14/2021 06:56:11 11/14/2021 07:03:17 11/14/2021 08:39:02 R YES TE-213230007 3910 GOMEZ, SONIA 28645 OLD TOWN FRONT ST TEMECULA 11/19/2021 01:49:01 11/19/2021 01:53:32 11/19/2021 01:55:28 11/19/2021 02,42,54 R YES TE-213270156 4809 RISEN, ADAM 28645 OLD TOWN FRONT ST TEMECULA 11/23/2021 04:34:11 11/23/2021 04:49:27 11/23/2021 04:49:27 11/23/2021 05:14:44 FU NO TE-213280017 4733 ZABOROWSKI, JULIE 28645 OLD TOWN FRONT ST TEMECULA 11/24/2021 06:20:57 11/24/2021 06:22:19 11/24/2021 06:25:33 11/24/2021 06:30:20 NE NO TE-213310034 2618 HURD, JEFF 28645 OLD TOWN FRONT ST TEMECULA 11/27/2021 01:56:58 11/27/2021 01:58:30 11/27/2021 01:58:30 11/27/2021 01:58:31 NE NO TE-213310039 3398 STAAT. CHAD 28645 OLD TOWN FRONT ST TEMECULA 11/27/2021 02:20:01 11/27/2021 02:25:16 11/27/2021 02:39:06 11/27/2021 05:44:42 R YES TE-213600027 6025 28645 OLD TOWN FRONT ST TEMECULA 12/26/2021 09:13:49 12/26/2021 09:15:58 12/26/2021 09:21:56 12/26/2021 09:37:14 TE-220020013 5348 JOHNSON, MATTHEW 28645 OLD TOWN FRONT ST TEMECULA 01/02/2022 02:40:29 01/02/2022 02:55:12 01/02/2022 03:02:53 01/02/2022 03:11:18 TE-220090140 3649 GUIMONT, WILLIAM 28645 OLD TOWN FRONT ST TEMECULA 01/09/2022 10:42:19 01/09/2022 10:43:01 01/09/2022 10:44:41 01/10/2022 04:25:28 TE-220110172 4698 JACOBO, THOMAS 28645 OLD TOWN FRONT ST TEMECULA 01/11/2022 07:03:44 01/11/2022 07:12:54 01/11/2022 07:20:15 01/11/2022 08:29:55 TE-220130226 4955 HEPHNER, JOSHUA 28645 OLD TOWN FRONT ST TEMECULA 01/13/2022 10:37:32 01/13/2022 10:37:33 01/13/2022 10:37:33 01/14/2022 12:46:22 TE-220280224 5583 AU, KEVIN 28645 OLD TOWN FRONT ST TEMECULA 01/28/2022 10:13:51 01/28/2022 10:15:38 01/28/2022 10:15:49 01/28/2022 10:32:43 TE-220290015 6025 28645 OLD TOWN FRONT ST TEMECULA 01/29/2022 02:35:04 01/29/2022 02:35:36 01/29/2022 02:36:01 01/29/2022 03:41:03 TE-220450080 N5953 VICKERS,BELINDA 28645 OLD TOWN FRONT ST TEMECULA 02/14/2022 11:30:36 02/14/2022 11:52:28 02/14/2022 12:10:09 02/14/2022 12:37:03 TE-220700118 4162 GARCIA, ELISEO 28645 OLD TOWN FRONT ST TEMECULA 03/11/2022 11:45:07 03/11/2022 11:49:12 03/11/2022 12:14:55 03/11/2022 12:23:12 TE-220860024 4955 HEPHNER, JOSHUA 28645 OLD TOWN FRONT ST TEMECULA 03/27/2022 02:27:23 03/27/2022 02:27:24 03/27/2022 02:27:24 03/27/2022 02:28:51 TE-220860032 4323 HOCTOR, DANIEL 28645 OLD TOWN FRONT ST TEMECULA 03/27/2022 04:57:24 03/27/2022 05:28:44 03/27/2022 05:37:45 03/27/2022 05:42:26 TE-220930120 4831 SULTAN, ADAM 28645 OLD TOWN FRONT ST TEMECULA 04/03/2022 05:39:03 04/03/2022 05:40:11 04/03/2022 05:59:04 04/03/2022 07:10:54 TE-221350008 4286 VALTIERRA, ADOLFO 28645 OLD TOWN FRONT ST TEMECULA 05/15/2022 01:57:03 05/15/2022 02:01:05 05/15/2022 02:01:19 05/15/2022 02:05:53 TE-221490017 2654 SAWYER, JOHN 28645 OLD TOWN FRONT ST TEMECULA 05/29/2022 01:06:17 05/29/2022 01:06:18 05/29/2022 01:06:18 05/29/2022 01:29:36 TE-221970060 2654 SAWYER, JOHN 28645 OLD TOWN FRONT ST TEMECULA 07/16/2022 11:28:25 07/16/2022 11:28:34 07/16/2022 11:33:45 07/16/2022 11:40:50 0558
EXHIBIT K Pagel
NE NO
NS NO
R YES
FU NO
RA YES
NE NO
RA YES
R YES
NE NO
NE NO
NS NO
NE NO
NS NO
NS NO
NE NO
D200
D200
D201
Inc Date Inc. Time Call Type
0]/02/2021 05:06:4] ALARM
Alarm, False Alarm
Call Number
TE-211830164
O&cer1
4132
Oficer Na 1
RAMOS, JOEL
Add—
28]210LO TOWN FRONT ST
City
TEMECULA
FC TIme
01102/202105:06:47
Di Tlme Ar Tlme Cl Time Gl
07/02/202105:08:42 07/02ISID 05:24:25 0710MO2105:28:23 NE Wnhen
N+A3:(
07/08/2021 11:39:33 602
Trespassing
TE-211890206
3398
STAAT,CHAD
28721 OLD TOWN FRONT ST
TEMECULA
01/081202111: 39:33
07108/202111:46'.56 0]108/202111:58024 01I09120211246: 14 RA YES
17118/2021 02:35:02 415DV
Disturbing the Peace
TE-211990029
5195
MARTIN, TIMOTHY
28721 OLD TOWN FRONT ST
TEMECULA
0]I18/202102:35:02
0]/181202102:3]:30 07118I202102:58:48 07I18/2021041529 NE NO
D]/25/2021 O'06:'1 415
Dis ,bing the Peace
TE-212MO143
5]29
CHIRAFISI, NICHOLAS
28]210LDTOWNFRONTST
TEMECUTA
O112&202105'06: 15
0]25I20210609:47 D1/251202105:24:53 0712MO2106:45: 14 NE NO
08/0]2021 01:15:2] 64]F
Public lnoxicatim
TE-212190009
4818
WEBER, CHRISTINA
28721 OLDTOWNFRONTST
TEMECULA
08/0]1202101: 1527
0810]/202101: 18'.50 08/07/202101: 18'.50 08/071202103'.03:50 RA YES
08/13/2021 01:50:30 23152
Driving Under [he ln0uence
TE-212250008
5650
ORTIZ, JAIME
28]21OLDTOWN FRONT ST
TEMECULA
08I13I202101:50:30
08113/202101:5108 08/13/202101:5424 08/112021064257 RA
YES
OB/29/2021 12:OL44 ADD
Assist Other Department
TE-212410100
52]0
SIAW, SAMANTHA
28721 OLD TOWN FRONT ST
TEMECULA
OB129/202112'02:44
W291202112: 15:30 0&29I20211223:30 08I29/202112:48:59 NE NO
09 ,SlI21 D7:19:0] ALARM
Al.., False Alarm
TE-2125DW13
3730
NELSON, BRIAN
28721 OLD TOWN FRONT ST
TEMECUTA
OW07120210]:19:07
OWO]1202101: 19:25 D9/07I202101:31:12 0910]/2D210]39: W NE NO
09/D]/2021 08:38:51 ALARM
Al—, False Al.-
TE-2125DWM
Um
BROWN,
28721 OLD TOWN FRONTST
TEMECULA
09107120210838:51
oW071202108:4149 09107IM2108.4,124 NE
NO
CHRISTOPHER
09/16/2021 10:35:01 PASSIS
TE-212590210
3910
GOMEZ,SONIA
28721 OLDTOWNFRONTST
TEMECUTA
0911&2D2110:35:D1
0916/20211036.46 09/16I202110:43:43 09116/2021105251 NE NO
09/19/2021 01:56:54 416
Disturbing the Peace
TE-21262W3]
4286
VALTIERRA, ADOLFO
28721 OLD TOWN FRONT ST
TEMECUTA
09/19/2021081 654
09/191202101:56:56 09/19120210156:55 09I19/202102:04: 13 NE NO
09/23/2021 08:25:39 KPEACE
Keep the Peace
TE-212N 232
4286
VALTIERRA, ADOLFO
28721 OLD TO N FRONT ST
TEMECULA
09123/202108:2539
09123/202108:33:38 09/2&202108:33.38 09I2&2021 U39:44 NE NO
10/07/2021 11:58:23 415
Di.,bing the Peace
TE-212N0311
4491
VEROSTEK, PAUL
28721 OLDTOW N FRONT ST
TEMECULA
1&0]/202111:58:23
101071202111:M:28 IWO1202111:M-28 10IM0211211: 15 NE
NO
10/23/2021 08:0]48 415
Disturbing the Peace
TE-212%01]1
4698
JACOBO, THOMAS
28721 OLD TO N FRONT ST
TEMECULA
10I2&2D21 O8:0148
10123/202108:08:08 1&231202109:01:36 10I2&2021090632 NE NO
10/29/2021 084924 1182N
Accident, Property Damage
TE-2130202N
N599]
ODEN,CHARLES
28721 OLD TOWN FRONT ST
TEMECULA
1012912021084924
IW291202108:65.02 10/29I202109:00:14 10129/2021 N-11: 12 NE NO
11/05/2021 02:31:21 FU
Fdlow Up
TE-213ON137
4974
CUNANAN, RANDY
28721 OLD TOWN FRONT ST
TEMECULA
1110&202102:3]:21
11105/202106:05:00 11/DS/2D2106:05: 10 FU
NO
11/062021 08:45:06 415
Disturbing the Peace
TE-213100215
51"
BOWMAN, ROBERT
STAMPEDE-28721OLD TOWN FRONT ST
TEMECULA
11106/2021 W 45:06
11106/202108:45'.07 /1/O6I202108:46:0] 1110&2021 W5241 NE NO
11,10:55:21 TRO
Violation of Restrainging Order
TE-213100276
3398
STAAT,CHAD
28721 OLDTOW NFRONTST
TEMECULA
11/0&2021105521
11106120211069.27 i11061202111:3953 NS
NO
11/09/2021 0529:19 ALARM
Al—, False Alarm
TE-213130015
418]
ENGELS, DANIEL
28721 OLD TOWN FRONT ST
TEMECUTA
i1109/2021052919
11109/202106:01:36 11109120210&28:22 11109/202106:35: tO NE NO
11/13/2021 06:19:27 LPROPE
U.Pr ,Iy
TE-2131]0153
4818
WE ER, CHRISTINA
28721 OLD TOWN FRONT ST
TEMECUTA
11I1&202106: 19:27
11/1&202106:21:34 ifli312I)DI N 34: 19 NE
NO
11/13/2021 08:4045 415
Di—bing the Peace
TE-2131]0190
4818
WEBER, CHRISTINA
28721 OLDTOWN FRONTST
TEMECUTA
1111&20210849:45
11/1312021085028 11/1312021085049 11113/202109:05:53 NE NO
11/15/2021 01:56:46 MPERSO
Missing Person
TE-213190006
46"
WOODS, RONALD
28721 OLD TOWN FRONT ST
TEMECULA
1111&202101:56:46
11115/202101:5]:57 11/1&202102:00:34 1111&202f02:41:D9 NS NO
11/15/2021 0256:08 MPERSO
Missing Person
TE-213190010
5]29
CHIRAFISI, NICHOL45
28121 OLD TOWN FRONT ST
TEMECULA
i1I15/202102:56:08
11/15I20210348:04 11/1&202103:48:09 1111&202104:05:13 NE NO
11/182021 D]:00:52 ALARM
Al—, False Al.-
TE-213220018
3438
KEENEV, BRIAN
28721 OLD TOWN FRONT ST
TEMECULA
1111 &20210]:0052
11/i8120210]:D3'22 11/i8120210];09:53 1fli&2021 OT.16:06 N NO
11/182021 10:44:24 KPEACE
Keep the Peace
TE-213220202
3910
GOMEZ, SONIA
28721 OLDTOW N FRONTST
TEMECULA
1111&202110:44:24
1111812021104853 11/1812021105835 1111&202111:0826 NE
NO
11/21/2021 D9:17:U ALARM
Alarm, False Al.-
TE-213250039
4175
DUHAMEL, CHAD
28721 OLDTOW NFRONTST
TEMECUTA
11121/202109: i]:O6
11M12021091751 11M12021093058 11121/2021093,1 NE
NO
11/22/2021 D1:52A AGO
Assist Other Depatment
TE-213UW99
5104
BOWMAN, ROBERT
28]210LD TOWN FRONT ST
TEMECUTA
11I2D202101:52:48
111221202102:02: 16 11/22I202102:03:32 1112MD2102: 16:51 NE NO
11/29/2021 01:13:43 FRAUD
Frautl
TE-213330100
6018
28]21 OLD TOWNFRONTST
TEMECULA
if129/202101:1343
11/29I202101:23:15 it/29I202101:28:30 ifl2&20210146:50 NS NO
12/03/2021 10:58:59 415
Di—bing the Peace
TE-2133]0234
5398
HALL, WHILLIS
28]21 OLD TOWN FRONT ST
TEMECULA
121OW202110:58:59
12/03I20211059:00 12/03I202110;59:00 12I0&202110.to NE
NO
12/03/2021 11:3245 23152
Driving Under the Influence
TE-213370245
5398
HALL, WHILLIS
28721 OLD TOWN FRONT ST
TEMECULA
12103/202111:3245
1 D03/202111:3246 1 DO/202111:32:46 12I041202104:0143 RA YES
01/10/2022 D]:5204 ALARM
Al... False Alarm
TE-2201OW24
5918
ROBLES,CARLOS
28]21 OLD TOWN FRONT ST
TEMECUTA
01110/2022015204
01/10/20220]54:25 Oi/10I2022080521 01/101202208: 18:27 NE NO
01/162022 0253:39 597
Animal Cmdty
TE-22016001]
6073
28721 OLD TOWN FRONT ST
TEMECUTA
01116/20220253:39
DIMS 202202:53:58 Ot/161202203;D3:33 01116/2022031826 NU NO
01/21/2022 12:50:10 HE
Health B Safety Code Violation
TE-220210007
4955
HEPHNER, JOSHUA
28721 OLD TOWN FRONT ST
TEMECULA
01/21120221250: 10
01/21/202212:50: 11 01I21I20221250'. 11 01I2V202202,19:25 RA YES
01/21/20Z2 DIRT 416
Di.ting the Peace
TE-220210010
3398
START, CHAD
28721 OLD TOWN FRONT ST
TEMECULA
01121/2022014]:22
01121120220147.23 01/2112022014]:23 01121/2022015450 NE NO
01/28/2022 0428:2] 242P
Battery in Progress
TE-22028014]
4955
HEPHNER, JOSHUA
28721 OLDTOWNFRONTST
TEMECULA
0112&2022 Nt 28:297
0112 /2022 06 45-23 D128I202207:32:48 0112&202201:41:05 NU NO
01/30/2022 01:25:39 64]F
Public lnoxicatim
TE-220300020
2654
SAWYER, JOHN
28721 OLD TOWN FRONT ST
TEMECULA
01/301202201,2539
01130/202201:2545 01/30/202201:26:56 01130/202202:20: 16 R YES
02/07/2022 08:31:52 242P
Battery in Progress
TE-22038M
4175
DUHAMEL, CHAD
28721 OLD TOWN FRONT ST
TEMECULA
02101/202208:31:52
DVO71202208:32:06 oD071202208:46:46 02101/202209:40:11 NS NO
o2/10/2022 tt:o052 ALARM
Al.., False Alarm
TE-22041002]
2441
HOXMEIER, RYAN
28]210LD TOWN FRONT ST
TEMECUTA
Q21f0/2022 D1:20:62
DV101202201:24.22 01202207:52:01 02Ii&2D2208:00:31 NE
NO
02/11/2— 02:0]:14 64]F
Public lnoxicatim
TE-220420006
5583
AU, KEVIN
28721 OLD TOWN FRONT ST
TEMECULA
02/11/202202:01: 14
SOD
02/11/202202:0]: 15 02111/202202:0]: 15 0211 V202203:01:52 RA YES
/2/132022 12:1&,K, ADD
Assist Other Department
TE-2204WU
3222
HEUER, MICHAEL
STAMPEDE- 28721 OLD TOWN FRONT ST
TEMECULA
02113/202212:18:40
OD131202212: 18:41 0211&202212: 18:41 02113/202212.4115 NE NO
02/25/2022 01:29:44 242J
Misssdihna,Assuat with no
TE-22OMWO5
447t
VALADEZ, ALFONSO
28721 OLD TOWN FRONT ST
TEMECULA
0212512022 D12944
D2J2&202201:30:13 02125I202201:30:44 0212SGO220152:11 NE NO
Weaoms or Iniury
03/03/2022 03:05:10 ALARM
Alarm, False Alarm
TE-220620167
4286
VALTIERRA, ADOLFO
28721 OLD TOWN FRONT ST
TEMECULA
03I03/2D2203:05: 10
D&O3I202203: 11:11 0&0&202203: 14:26 OWOW2D2203:25:38 NE NO
03/06/2022 03'03:43 1182P
Accident, Property Damage
TE-2206500]8
N629]
BARAJAS, FERNANDO 28]21 OLD TOWN FRONTST
TEMECULA
0&OM202203:03:43
ONO &202203:13.33 oW061202203:45:31 03IMO2205.52:14 NE
NO
03/12/2022 010325 64]F
Public lnoxicatim
TE-220710008
5848
28721 OLDTOWNFRONTST
TEMECULA
0&12/202201:03,26 0&12/202201:0326 03/1D202203: 36: 17 RA YES
D3/13/2022 1134:57 ALARM
Alarm, False Al.-TE-220]2W63
4989
SHEHATA, MINA
28721 OLD TOWN FRONTST
TEMECULA
OWIW20U 11:34:57
0&13/20221136:25 03/13I20221142:23 03113/202212:3]Ot NE NO
03/17/2022 094822 STHREA
Suicide Threat
TE-220760228
4974
CUNANAN,RANDY
28721 OLD TOWN FRONT ST
TEMECULA
03/171202209:48:22
03117/20220948,57 03111/20220950'. 15 031171202210'.56: 19 R YES
D3/19/2022 1055:44 24U
Missmim.h,,, A.ualt mIh no
TE-220780241
3398
START, CHAD
28721 OLD TOWN FRONT ST
TEMECULA
03119/2022 to 5544
ON191202210:57:31 O&191202210:58.56 03119/2022 1107:03 NS NO
Weaoms or Iniury
11/20/2022 01:3419 647F
Public l noxicatim
TE-220]90010
4286
VALTIERRA, ADOLFO
28721 CLDTOWNFRONTST
TEMECULA
03/20I202201: Ni 19
03/20/202201:34:20 03/20/202201:34,20 03/20/202202'.41:4] RA YES
04/02/2022 01:34:35 64]F
Public lnoxicatim
TE-220920011
4955
HEPHNER. JOSHUA
28721 OLDTOW NFRONTST
TEMECULA
O4/02/202201:34:35
04iOD202201,34'. 36 04/02/202201:34'.36 04/021202202:31:00 RA YES
04M8/2022 02:05:06 24U
Missdimeanor Assualt with no
TE-220980013
3398
STAAT, CHAD
28721 OLD TOWN FRONT ST
TEMECULA
04I08/202202:02:44
04108/202202:0645 04/081202202:06.20 0410&202202: 14:32 NS NO
Weaoms or Iniury
04/01/2,22 12:16:13 ALARM
Alarm, False—
TE-220990117
2654
SAWYER, JOHN
28]21 OLD TOWN FRONTST
TEMECUTA
N10912OU 02: 16: 13
04109/202202: 16:59 041091202202:29:46 N1091202202:34:59 NE NO
04/1]/2022 032226 242J
Misssdimeanm A. —It with no
TE-221070023
5729
CHIRAFISI, NICHOLAS
28721 OLDTOWN FRONTST
TEMECULA
O4/1]1202203'.22:26
04/17/202203:25'. 31 04/17/202203:28: 50 O4/1]120220]:2: 10 R YES
W eaoms or Iniury
04/24/2022 01:42:54 415
Disturbing the Peace
TE-22114W15
4286
VALTIERRA, ADOLFO
28721 OLDTOW NFRONTST
TEMECUTA
04I24/2D2201:42:54
04/241202201:44:43 04124/202201:46:03 04124120220158:58 NE NO
04/30/2022 121550 PASSIS
TE-2212OW92
2989
ASKINS, BRIAN
28721 OLD TOWN FRONT ST
TEMECUTA
04I30/202212: 1550
04/301202212:21:21 O4I30/202212:21:21 NE
NO
05/27/2022 09:56:33 MPERSO
Missing Person
TE-22147WW
N]]]i
28]210LOTOWNFRONTST
TEMECULA
OW271202209:56:33
0&2]1202209:59:54 0&2]1202210:34:17 0512]/202210:U6 NU
NQM
06/021-2 11:-1 242P
MOKcimennor Assualt with no
TE-221530242
5583
AU, KEVIN
28721 OLD TOWN FRONT ST
TEMECULA
O6/02/202211:42:43
06/031202212: 18:45 0&03/202212:20: 12 06103/20220105:15 RE YES
W eaoms or Iniury
_
06/04/2022 to 5934 415
Disturbing the Peace
TE-221550163
5583
AU, KEVIN
28721 OLD TOWN FRONTST
TEMECULA
0&04/202210:59:34
0&04I20221D:59:59 0&04/202211:0137 0610&202201:13:07 NS NO
16/11/2022 1109'53 FU
Fdl—Up
TE-2215701M
3544
SINZ, JOEY
28721 OLD TOWNFRONT ST
TEMECULA
06I06/202201:09:53
0&061202201: 10:37 0&061202201: 13:31 O6I0&20220125:59 FU NO
O6/09/2022 0353:09 ADD
Assist Other Department
TE-2216DO175
5583
AU, KEVIN
28721 OLD TOWN FRONT ST
TEMECULA
06109/2022 D3:53:09
ONO 91202203:57:57 0&091202204;02:35 061091202204:m 38 NE NO
D6/17/2022 0237:03 ADD
Assist Other Department
TE-221680011
5800
CORTEZ, DANIEL
28721 OLDTOW NFRONTST
TEMECULA
0&1]/202202:3]03
06/17I202202:38.17 0&17I202202:45:47 06/171202203:40:39 NE NO
01/21/211, 01:w it, ARMED
TE-22175WN
5143
CHURCHILL, WILLIAM
28721 OLDTOW NFRONTST
TEMECULA
W12412022125917
0&24I202201:03:10 06/24I202201:03:50 0612412OU 01: 10: 10 NE NO
0625/2022 01:08:50 415
Disturbing the Peace
TE-221]6W13
5500
NEWTON, MATTHEW
28]21 OLD TOWN FRONT ST
TEMECULA
06/2!VDt2201:08:SO
0&25I202201: 15:49 0&2&202201:26:25 NE
NO
D]/15/2022 10:18:39 SCIRC
Suspicious Circumstances
TE-221%OO52
5881
28721 OLD TOWN FRONT ST
TEMECULA
071IW2022 f0'1839
07/161202210:21: 19 07/151202210:33:29 0711&20221122:23 NE NOJ
0559 D201
D202
nc. Date Inc. Time Call Type
07/11 a021 03:46:02 242P
Call Number Ot0cerl
Missdimeana Assault with no TE-211920029 5583
weapons a Injury
Offices Namet
AU, KEVIN
Add—
28677 OLD TOWN FRONT ST
Clly
TEMECULA
FC —
07/11/202103:46.02
DI Tlme Ar Time Cl Time Dlspo
07111 Q02103:50:48 (Mll202104.0047 07111202104: 12:17 NS Wntten
NO
Call Taker ID
N6908
Dispat ,ID
N7234
07/1fi/2021 11:59:45 242
Battery
TE-211970270 56M
HARTERT,BERT
T8677OLDTOWNFRONTIT
TEMECULA
011-02111:59:45
07116QO2111:59:46 07/16202111:59:46 0]/17202101:25:11 NE NO
N5693
N5693
08/152021 01:0545 415P
Disturbing the Peace
TE-2122]010] 4187
ENGELS, DANIEL
28677OLDTOWN FRONTST
TEMECULA
OWIS/202101:05:45
08I1520210124:28 0&1-210128.06 OB/1520210I'37:5. NE
NO
N6250
N7048
08/20/2021 01.10.18 245
Assault -,a Deatlly
TE-212320006 4286
VALTIERRA, ADOLFO
286POLD TOWNFRONTST
TEMECULA
03/20202101:10: 18
OBI201202101.10.19 OS20/20210110:19 OB20I202103:3450 RA YES
N5118
N511S
08222021 02:41:01 MPERSO
Missing Persm
TE-212340024 5375
CATALINE, DYLAN
286]] OLD TOWN FRONTST
TEMECULA
OBI 2202102Al-05
08221202102:53:25 0822202102:54:11 0822202103:03:14 NU
NO
N]229
N68W
08/23/2021 07.54:30 647F
Public lntoxicatlon
TE-2123501:2 1114
BOW MAN, ROBERT
21677 OLD TOWN FRONT ST
TEMECULA
0823202107:5430
081231202107,54:31 08123/203107:54:31 08/23/202108:56:20 RA YES
N6831
N6836
08/28/2021 01:32:47 LPROPE
Lost Property
TE-212400094 N4654
FARLEY, NELSON
286P OLD TOWN FRONT ST
TEMECULA
0121202101:3247
O:1281202101:34:35 0828/2021021612 R
YES
N7233
N4910
09/04/2021 12'.13:34 415
Disturbing the Peace
TE-212470004 3910
GOMEZ, SONIA
28fi77 OLD TOWN FRONT ST
TEMECULA
09/041202112: 1334
It M41202112.13,35 09/04/202112,13:35 09/04/202112:55:23 R YES
N6637
N6637
091(),t 21 11:2532 415
Disturbingihe Peace
TE-2124702]4 4818
WEBER, CHRISTINA
286]7 OLD TOWN FRONT ST
TEMECULA
09/04202111.25.32
09/042021112533 09/04202111:2533 D9/D4I20211156:44 NE
NO
N5807
N5807
09/0]/2021 113:08 LCELL
Lost Cell PM1one
TE-212500198 N7146
286)7 OLD TOWN FRONT ST
TEMECULA
0M71202105:13.08
09N]I202107:39:23 09/07202107:39:34 09N]202107:55:10 NS NO
N3534
N3401
09/18/2021 10:I— 242J
Mlsstlimeanor AssaultwitM1 no
Iniury
TE-212610188 5071
KERR, LOUIS
28677 OLD TOWN FRONT ST
TEMECULA
09/18/2021 to 16:08
09/18/202110,17,39 0911 B202110:17:39 09/19/2D2101:09:23 R YES
N38S6
N6020
09/19/221 01:5856 415
ar
DS—Mg the Peace
TE-212620038 3398
START, CHAD
28677 OLD TOWN FRONT ST
TEMECULA
09/19/202101:58.56
091192021015857 091 S202101.5857 09/19202102:54:57 NE
NO
N6020
N6020
09/19/2021 09:03:34 242P
Missdmeana Assault with no TE-212620NI 5494
Iniury
REID, ERICA
28677 OLD TOWN FRONT ST
TEMECULA
09/19/202109D3:34
MI 9202109:05:38 09/19202109:4148 0WIS12021101315 NE
NO
N6256
N5614
0920/2021 08:5202 FU
a
Fdlow Up
TE-212630035 4175
DUHPMEL, CHAR
28fi]]OLD TOWN FRONT ST
TEMECULA
0920I202108:52:02
0920202108:54:15 0920202109:1804 0920I202109:23:13 FU
NO
N5013
N29fi@
0923/2021 12:29:53 20002P
Hit antl Run
TE-2126fi01 D9 N6426
NUNEZ, ENRIQUE
28677 OLD TOWN FRONT ST
TEMECULA
0923/202112:29:53
0923202101:14:06 0923202101:22:13 0923/202101:42:38 NE
NO
N6839
N6571
10/022021 024253 647F
Public lntoxicatlon
TE-212150035 5650
ORTIZ, JAIME
28677 OLD TOWN FRONT ST
TEMECULA
10102202102:42:53
10I02202103:46:05 10/02202103.55.51 10/02202104:10:15 NE NO
N73]0
N4558
10/032021 07:53:22 DVTRQ
Danesdc Vldence
Restra h. ONer
TE-212]611160 5104
BOWMAN, ROBERT
28677 OLD TOWN FRONT ST
TEMECULA
10-202107:53:22
10N3202107:57:54 —3202107:5— 10/03202108:08:19 NO
NO
N4795
N6904
10/082021 04:4948 459
Burglary
TE-212810018 4162
GARCIA ELISEO
28677 OLD TOWN FRONT ST
TEMECULA
10I08202104:49:48
10I08202105:38:08 10I082021054535 10IOBI202107.3D40 R
YES
N3534
N4S29
10/092021 11:3100 242J
Misstlimeanor Assault w:h no TE-212820217 4698
JACOSO, THOMAS
2867] OLD TOWN FRONT ST
TEMECULA
10N9I20211131:00
10/102021120843 10/10/202112: 1837 R
YES
N4501
N6181
10/10/2021 01:22ZI 24 ,
s pr Iniury
fyllssdmeana Assaultwlihno TE-212830015 3910
GOMEZ, SONIA
18677 OLD TOWN FRONT ST
TEMECULA
10/10202101.2221
1011OQ0210128:04 10/10202101.29.52 10/10202101:46:26 FU NO
N7547
14006
10/102021 11:02:30 FU
owns a Iniury
[Fdlow up
TE-212830079 3854
MOHR, TIMOTHY
28677 OLD TOWN FRONT ST
TEMECULA
M10/202111:0238
10/102021110548 10/f0202111:24:25 FU
NO
N7543
N5750
10/102021 1240:16 FU
dlav Up
TE-21283OG96 3854
MOHR, TIMOTHY
28677 OLD TOWN FRONT ST
TEMECULA
10/10202112:40.16
t0110202112:40:34 10/10202112:43:58 10/1020210123:59 FU NO
N7III
NH72
10/1-021 03:35:12 FU
jFdlax Up
TE-212850217 51M
BOWMAN, ROBERT
286]7 OLDTOWN FRONTST
TEMECULA
10/12202103:35:12
10I13202103:42:48 10/12202103:45:19 FU
NO
N4711
N2114
10/19/2021 12:58:10 245
Assault wilM1a Deatlly
TE-212920003 5803
SABORDO, PATRICK
286]]OLO TOWN FRONT ST
TEMECULA
10/19/20211258:10
i 0119/2021125848 10I19I202101OD39 10119/2021044052 R
YES
N7233
N6432
10/22/2021 124342 LPROPE
Lost Property
TE-212950123 N4654
FARLEY,NELSON
28677 OLD TOWN FRONTST
TEMECULA
10/22/20211294342
10/22120211244:20 10122/2021125114 1-202102:35:40 R
VES
N7451
N3680
1027/2021 09:31:27 242J
Missdimeana Assault wfih no TE-21-13188 3018
a Iniury
28677 OLD TOWN FRONT ST
TEMECULA
101271202109:3127
1027202109:3157 1027202109:38.06 102]202109:48:13 NS
NO
N]548
NN07
10/29/2021 1135:18 647F
Public lntoxicatlon
TE-213020252 6027
28677 OLD TOWN FRONT ST
TEMECULA
10I2.202111:3518
101 1021 11,37,23 1029202111:3723 10/3012021124426 RA
YES
N7547
N5883
10/31/2021 01:54:50 847E
Public lntoxicd.
TE-213040030 3398
STAAT, CHAD
28677 OLD TOWN FRONT ST
TEMECULA
10MV202101:54:50
t0'31202101:5712 10131202101:58:53 10/3120210226:05 NE
NO
NU 6
N3784
11/0B/2021 064530 FU
FdI-Up
TE-213120142 4698
JACOBO, THOMAS
28877 OLD TOWN FRONT ST
TEMECUTA
11/08202106:45:30
11IOBI-107:03:47 11/0820210703A 11/08202108:44:53 FU
NO
N6610
N7233
11/122021 091323 211P
Robbery In Progress
TE-213130047 6025
286]7 OLD TOWN FRONT ST
TEMECULA
111IM02109: 13:23
11112/2021011732 11/1-2102:19:33 11I12202102:4]:04 NS
NO
N6186
N721
11/14/2021 0212:42 242
Battery
TE-213180031 2654
SAWYER, JOHN
286]] OLD TOWN FRONT ST
TEMECULA
11-202102:1242
11I14202102:12:43 11/14202102:12:43 11/14202102:28:SO NS NO
N6020
N3020
11/152021 0345:55 ALARM
A —False Alarm
TE-2131NG14 5269
ALMADA, STEVEN
286T/ OLD TOWN FRONT ST
TEMECULA
11/15202103,15:55
11115122103:49:41 11/15202103:51:03 NE
NO
N—tJ
N5808
1121/2021 071537 ALARM
A—, False Aam
TE-213250108 5104
BOWMAN, ROBERT
28677 OLD TOWN FRONT ST
TEMECULA
1121Q 2107:15:37
1121120210716:20 1rl,Z03107.17.05 112120210]:19:51 NE
NO
N2947
N462:
11/28/2021 113139 242J
Mlsstlimeanor AssauI-th no
Iniury
TE-213320138 4—JACOBO,
THOMAS
28677 OLD TOWN FRONT ST
TEMECULA
11128/202111,31,39
11/28/202111:34:56 11129/202112: 16:56 11UA20211246,16 RA YES
N6020
N6408
0129/2022 10:46:11 ADD
pr
Assisi dha Department
TE-220290205 2659
SAWYER,JOHN
28677 OLD TOWN FRONT ST
TEMECULA
01I29202210:4fi:11
0129202210:43:12 0129202210:46:12 01I30202212:5]:04 NE
NO
2654
2654
02/03/2022 03.3347 594F
V—Nism
TE-220340177 4—VALTIERRA,
ADOLFO
28fi77 OLD TOWN FRO NTST
TEMECULA
02103/202203:334]
0210312022 04:0541 02103UD220406:55 02/031202204:29:28 IRS YES
N6fi37
N6836
02/17/222 01:N131 242
Battery
TE-220480006 6D25
28677 OLD TOWN FRONT ST
TEMECUTA
02/17120220124:31
0211]20220124:54 02/1]202201:28:52 02/17202202:36:H NO
NO
N4645
N6683
0225/2022 10:3238 242J
Missdmeana Assault with no TE-22056D258 4974
Iniury
CUNANAN, RANDY
28677 OLD TOWN FRONT ST
TEMECULA
02125202210:32:38
0225202210:35:05 0225202210:35;37 0225202211:20:42 NU
NO
N6350
NS904
02252022 11:32:31 647�
a
Public WITE-2205fi02]1
4286
VALTIERRA ADOLFO
2—OLD TOWN FRONT ST
TEMECULA
0MV202211:32:35
0225202211:33:04 0225202211:36:16 0226/202212.05A4 NE
NO
N3329
N6904
0226/2022 03:36:35 ALARM
At —False A—
TE-22O570015 5398
HALL, WHILLIS
28877 OLD TOWN FRONT ST
TEMECULA
0226202203:36:35
022612022(Pt 0123 0212 02204.12.24 0226202204:24:46 NE
NO
N6250
N4558
03/122022 01:28:40 415
Disturbing iM1e Peace
TE-220]10011 3222
HEUER, MICHAEL
286]7 OLDTOWNFRONTST
TEMECUTA
03/12202201:28A
03112QO2201:28:41 03/12202201:28:41 03/12202201:36:22 NE NO
N5BB4
N5884
03/12/2022 085413 647F
Public lntoxicatlon
TE-220710185 2654
SAWYER, JOHN
28677 OLD TOWN FRONT ST
TEMECULA
03/12/2022085413
03/12/202208:54:14 031121202208:54: 14 03/121202210:OB:29 RA VES
N6904
N6904
03/12/2022 09:27:13 647F
Public lntoxicatlon
TE-220710195 4698
JACOSO, THOMAS
28677 OLD TOWN FRONT ST
TEMECULA
03/12/20220927. 13
03112202209:28,20 03/12/20220929:47 03I12-2210:53:10 RA YES
N6350
N6683
03/13/2022 01:2453 MDOWN
Man Down
TE-220]20012 4286
VALTIERRA, ADOLFO
286]7 OLD TOWN FRONT ST
TEMECULA
0311=02201.24.13
03/131202201:2142 03/13202201:2804 03/13202201:34:1. NE NO
N4517
N59BS
03/13/2022 03:09:38 242
Battery
TE-220720019 5583
Al, KEVIN
28677 OLD TOWN FRONT ST
TEMECULA
03A 3/202203,09:38
03I1320220309,39 03/13/202203:09:39 03/13120220442: 12 RA YES
N50S9
N5089
03/14/2022 10:32'06 SCIRC
Suspicious Circumstances
TE-220]30063 5810
28fi]] OLD TOWN FRONT ST
TEMECULA
03114/202210:32,06
D3114120221041,22 03/14/202211: 1834 03/14/20221236:21 R YES
N2745
N7449
03/142022 06:11:49 FU
Fdlaw Up =
TE-220730142 NB415
REYES-
PDAME.. ELICA
28677 OLD TOWN FRONT ST
TEMECULA
0311 U202206: 11:49
03114202206:5125 03114202206:59: 10 OWI 4202208:37:20 FU NO
N6520
N4873
04/102022 12:0758 ADD
Assistdha Departmeht
TE-221000001 3398
START, CHAD
286]7 OLD TOWN FRONT ST
TEMECULA
D4/10/2022120]:58
04I102022120908 04110202212:09:16 04/10202212:10:59 NE
NO
N5089
N3411
0422/2022 11:SS:2B 242
Battery
TE-2211202]4 4955
HEPHNER, JOSHUA
28677 OLD TOWN FRONT ST
TEMECULA
04/22/202211:58:28
0422QO221159:25 0422202211:59:25 0423202212:15:25 NE
NO
N6383
N7045
04/25/2022 1202:14 647E
Public lntoxicatlon
TE-22115D001 4698
JACOSO, THOMAS
28677 OLD TOWN FRONT ST
TEMECULA
04/25/202212:02: 14
04125/2022120502 041251202212,1040 041251202201:34:51 RA VES
N1431
N5565
05/07/2022 014524 647F
Public lntoxicatlon
TE-221270023 3222
HEUER, MICHAEL
28677 OLD TOWN FRONT ST
TEMECULA
OS/0]/202201:45,24
05M7120220145,25 O5/07/202201:45:25 051071202202:57:28 R VES
N6539
N6539
05/102022 0315:1 488P
Pdty Theft In Progress
TE-2213001]5 4698
JACOBO, THOMAS
286]7 OLD TOWN FRONT ST
TEMECULA
DW 01202203: 15:30
05/10202203:27:27 OWM02203:27:27 05/10202204:16:31 NS
NO
N7449
N2070
05/15/2022 02:19:09 647F
Public lntoxicatlon
TE-22135D012 3222
HEUER, MICHAEL
286P OLD TOWN FRONT ST
TEMECULA
OSI15I202202:19:09
05I15I202202:1910 05I15I202202:19:10 05I15I202202:SD:18 R VES
N7229
N]229
05/29/ZOZZ 02:OD:58 23152
Driving Untler the Influence
TE-221490023 5650
ORTIZ, JAIME
286P OLD TOWN FRONT ST
TEMECULA
OSI29I202202:00:58
OSI29I20220200:59 OS/2920220200:59 05/29/202204:5951 RA VES
N7229
N7229
06/012022 01:N53 10851P
S[den Vehide
TE-221520005 5]70
BARNEY, GARRETT
28677 OLD TOWN FRONT ST
TEMECULA
D6Ni/202201:29:53
(X IQ02201:30:49 O6/01202202:02:53 06/01202202:06:58 NO NO
N6250
N5944
06/14/222 11:5B:52 23152
Ddving Under the Influence
TE-221650231 5770
BARNEY, GARRETT
286]7OLDTOWNFRONTST
TEMECULA
06/14202211:58:52
OBI15202212:11:54 Ofi/1-12212*25*01 015202212:33:11 NE
NO
N.
N5872
O6/1fi2022 02:03:31 242P
Missdmeana Ass ault with no TE-321670006 5398
Iniury
HALL, WHILLIS
286]7 OLD TOWN FRONT ST
TEMECULA
O6/16202202:03:31
Ofi116202202:07:53 O6/1 M02205:05:52 O&16202205.11AD NO NO
N]046
N6680
�
O6112022 01:5131 SCIRC
a
Sosplclous Circumstances
TE-221680128 4471
VALADEZ, ALFONSO
286]] OLDTOWNFRONTST
TEMECULA
06/1]202201:5535
06/17QO2202:06:33 06/1]202202:25:31 06/17I20320303:55 NE NO
N7778
N6638
Ofi/18/2022 10:54:33 415
TE-221690207 55.
NEWTON, MATTHEW
28677OLDTOWNFRONTST
TEMECULA
06/18/20221054:33
O6I1820221054:34 0&1 BQ 2210:54:34 06/19202212: 1109 NE NO
2654
2654
O6/192022 121157 415
Disturbing iM1e Peace
TE-221700005 5500
NEWTON, MATTHEW
286]] OLDTOWNFRONTST
TEMECULA
06/19202213211:57
06/19/202212:1158 O6/19202212:11:58 O6/19202212 i8:14 NE NO
N]389
N7319
O6/192022 03O8:2S ACHECK
Area Check
TE-22170131 5B5]
HAECKER, SHANE
286]7OL0 TOWNFRONTST
TEMECULA
06/19202203:08:26
06/19-203.11:19 )tV 9202203:18:46 061192023032844 NE
NO
N]36B
N4517
O6/192022 04:48:07 ADD
Assisi dher Deportment
TE-221700115 3544
SINZ. JOEY
T86]7 OLD TOWN FRONT ST
TEMECULA
06/19/202204:48:07
06119QO2205:05:4I O6/19202205:59:34 06/19202206:1234 NE NO
N]451
N3680
Ofi22/2022 01:3600 242
Battery
TE-231730008 5857
HAECKER,SHANE
28677 OLD TOWN FRONT ST
TEMECULA
0622202201:36:00
062220220159:59 ()(V2 022020]51 06222022 C2:18:26 NE
NO
N3879
N5872
06252022 1104:08 64]F
Public lntoxicatlon
TE-2211601]2 4286
VALTIERRA, ADOLFO
286]7 OLD TOWN FRONT ST
TEMECULA
0625)202211:04:08
0625202211:07:41 0625202211.10:11 0625/202211:18:14 NE
NO
N594I
N.B
0fi2fi2022 0141:11 SCIRC
Suspid— Circumstances
TE-221770131 4831
SULTAN,ADAM
2861] OLDTOWNFRONTST
TEMECULA
0-M0220545:35
OS26I202207:23:44 iltV2 02207.24:08 0626202207.44:36 NE NO
N7449
N7229
06a62022 11:4029 MCRIMI
Miscellaneous Civninal
TE-2217-92 5770
BARNEY, IS RETT
28677 OLD TOWN FRONT ST
TEMECULA
06/26/202211l 21
06/26QO22115733 0612 02212:06:05 062]202212:18:28 NE
NO
N6343
N1229
07/03/2022 01:4722 242P
Misstlimeanor AssaullwitM1 no TE-22840085 4929
Iniury
PLUMMER, KURT
28677 OLD TOWN FRONT ST
TEMECULA
0MV202201A7:22
0]N3202203:43:14 OMM02203:46:44 07A3202204:1355 NS
NO
N3534
N7449
01 0646:27 SCIRC
a
Suspicious Clrcumstances
TE-22184(H21 SO.
286]7 OLD TOWN FRONT ST
TEMECULA
1710M022.16:46:27
0]103202208:04:48 0]N3202208:43O0 0]/0420220125:25 NE
NO
N]233
N7543
0]/23/ZOZZ 06.58:23 647F
Public lntoxicatlon
TE-222040118 4955
HEPHNER, JOSHUA
28fi]7 OLD TOWN FRONT ST
TEMECULA
0]/23/202205:58:23
0]123I20220558:24 0723120220558:24 07/23/202207. 14:30 RA VES
N6231
N6231
01022 08:IDS 30 FU
Fdlow Up
TE-2220W D W89
28677 OLD TOWN FRONT ST
TEMECULA
0724/202208:D5:20
0]242022080613 0724202208:09:52 O]24202208:32:56 FU
NO
N7111
N36S0
0]212022 12:30:23 242
Battery
TE-222120005 3712
PIERSON, VICTOR
286]7 OLD TOWN FRONT ST
TEMECULA
0]/31202212:30:23
071311202212:30:24 07/31202212.30:24 07/31202212:48:IS NE NO
Nfi683
N8683
03/31/2022 031610 488P
Petty TM1efl In Progress
TS-220900040 N]048
2367l OLD TOWN FRONT ST
TEMECULA
03/31/202203:16:10
03/31/202203:2108 03I31I202203:32:48 03/31202203:50:10 IRS YES
N6638
N7041
03/31/2022 04:2612 FU
Fd-Up
TS-220900048 N7048
28fi]] OLD TOWN FRONT ST
TEMECULA
DM112022 D4:26:12
03I31202204:2648 03/31202204:28: 14 03/31202204:30.58 FU NO
N58]2
N]048
04/012022 05:12:16 FU
Fdlow Up
TS-22NIONI N7048
28677 OLD TOWN FRONT ST
TEMECULA
MM1202205: 12: 16
Dl0l 202205:15:31 04/01202206:15:24 FU
NO
N3S70
N7048
04/17/2022 01:00:31 488P
Petty Theft In Progress
TS-221070022 N2070
GARCIA, JULIE
28677 OLD TOWN FRONT ST
TEMECULA
04/17/2022010031
04/1]/20220104:58 04/17/202201:04:58 04/17/20220138:34 IRS YES
N2524
N2070
0560 D202
D203
Inc. Date Inc. Time
Call Type
Call Number Officer 1
Officer Name 1
Address
City
R. Time
Di Time
Ar Tlme
Cl Time
Dispc
Written
07/10/2021 12:25:2,1
488P
Petty Theftln Progress
TE-211910055 N4654
FARLEY, NELSON
28693 OLD TOWN FRONT ST
TEMECULA
07/10/2021122524
07/10/202112:3040
07/10/2021123800
07/10/2021024120
R
YES
09/28/2021 11:471:
ALARM
Alarm, False Ala"
TE-212710107 3730
NELSON, BRIAN
28693 OLD TOWN FRONT ST
TEMECULA
09128/22111A7:35
09/281202111:48.02
09128202112:0736
09/2120211210.57
NE
NO
09/29/2021 11:28:A
415
Disturbing the Peace
TE-212720099 3873
KENNEDY, CURTIS
28693 OLD TOWN FRONT ST
TEMECULA
09129202111:2845
09/291202111:52.28
091292021120307
09121202112:23:16
NE
NO
09/30/2021 014704
ALARM
Alarm, False At."
TE-212730023 4323
HOCTOR, DANIEL
28693 OLD TOWN FRONT ST
TEMECULA
0910202106:47:04
091301202106:47:46
09130202106:53: 18
091301202106:58.31
NE
NO
,.,2021 08:I&04
ALARM
Asen, False Al."
TE-212780024 4162
GARCIA, ELISEO
28693 OLD TOWN FRONT ST
TEMECULA
1015202108:18:04
10105120210819.16
10105202108:41: 16
101051202108:47.28
NE
NO
10/09/2021 12A2:43
242
Battery
TE-212820006 5398
HALL,WHILLIS
28693 OLD TOWN FRONT ST
TEMECULA
10109202112:4243
10/09/20211246'06
10109202112:4639
10/0910211247.09
NE
NO
10/10/2021 11:13:13
415
Disturbing the Peace
TE-212830080 4294
ILLERA, FREDERICK
28693 OLD TOWN FRONT ST
TEMECULA
10110122111.13:13
101101202111: 15:09
10110202111:34:39
10/10/202111:40'37
NE
NO
10/10/2021 12:18:59
415
Disturbingthe Peace
TE-212830093 4294
ILLERA, FREDERICK
28693 OLD TOWN FRONT ST
TEMECULA
10/10212112:18:59
10/10/202112:19:15
10/10202112:31:37
10/1.2.112:39:44
NE
NO
10/11/2021 117:13:13
ALARM
Alami, False Alaml
TE-212840263 4698
JAC00THOMAS
28693 OLD TOWN FRONT ST
TEMECULA
10111202111:13:13
101111202111: 14.00
10/11/202111'1835
101111202111:2229
NE
NO
10/1]/2027 0]00:38
245
Assualt with a Deadly Weapon
TE-212900144 4698
JACOBO, THOMAS
28693 OLD TOWN FRO NT ST
TEMECULA
10/17/20210]:0038
10/17/2021070754
10/17/202107,08:27
10/17/2021084202
R
YES
10/30/2021 12:22:44
415N
Disturbing the Peace
TE-213030006 4818
WEBER, CHRISTINA
28693 OLD TOWN FRONT ST
TEMECULA
10130202112:22:44
10/301202101:06:06
10/301202101:07:21
NE
NO
it/02/2021 10.4401
ALARM
Alum False Ala-
TE-213060082 5494
REID, ERICA
28693 OLD TOWN FRONT ST
TEMECULA
111022021104401
111021202110:50.29
11102202111.01:18
11/021202111:3025
NE
NO
11/04/2021 08:53:49
ACID
Assist Other Department
TE-213080215 3910
GOMEZ, SONIA
28693 OLD TOWN FRONT ST
TEMECULA
11/04202108:53:49
111041202108:55:05
11I04/202108.57:31
11104120211016.17
NE
NO
11/05/2021 11:2857
ALARM
Alam, False Alarm
TE-213090084 5270
SIAW, SAMANTHA
28693 OLD TOWN FRONT ST
TEMECULA
11/05202111:2857
11/05120211129.38
11105/202111.3704
11/0S/202111:57.43
NE
NO
11/13/2021 0128:25
647F
Public Assist
TE-213170012 4974
CUNANAN,RANDY
28693 OLD TOWN FRONT ST
TEMECULA
1i113/202101:28:25
11/13/202101:28:26
11/13/202101'.28:26
11/13I202102:38:57
RA
YES
11/15/2021 034211
ALARM
Al aim, False Alarn
TE-213190013 5269
ALMADA, STEVEN
28693 OLD TOWN FRONT ST
TEMECULA
11/15202103:42: 11
111151202103:42.23
11I15202103'51: 19
11/1 SI202104:.258
NE
NO
/2/09/2021 09:12:14
ALARM
Alami, False Alamn
TE-213430064 5770
SARNEY,GARRETT
28693 OLD TOWN FRONT ST
TEMECULA
12109122109.12:14
12/09/202109: 102:34
12109/202109.13:06
12/091202109:19:30
NE
NO
12/10/2021 08:59:34
242
Battery
TE-213440222 3222
HEUER, MICHAEL
28693 OLD TOWN FRONT ST
TEMECULA
12I10202108:59:34
121101202109:00.24
12I10202109:01:29
12/10/202109: 13.14
NE
NO
01/01/2022 12:35:AO
242
Battery
TE-220010017 3398
STAAT, CHAD
28693 OLD TOWN FRONT ST
TEMECULA
01/01202212:35:40
011011202212:35.41
01101202212:35:41
01/011202201:32.32
NE
NO
07/082022 0'2215
ALARM
Alarm, False Al arm
TE-220080037 5752
HERNANDEZ, CELLINA 28693 OLD TOWN FRONT ST
TEMECULA
01108202208:22: 15
01/081202208:25.22
01108202208.27:32
01/081202208:39.17
NE
NO
01/15/2022 04:2326
ALARM
Alartn, False Alartn
TE-220150034 5"0
ORTIZ, JAIME
28693 OLD TOWN FRONT ST
TEMECULA
01/15202204:23:26
01/1 SI202204:26:36
01/15202204:32:40
01/15/202204:57:02
NE
NO
02/04/2022 10:43:03
ALARM
Al aim, False Alarm
TE-220350084 3873
KENNEDY, CURTIS
28693 OLD TOWN FRONT ST
TEMECULA
02104202210:43:03
02/04/20221048.36
02I04202210:57:44
02/041202211:00.13
NE
NO
02/202022 101453
415N
Disturbing the Peace
TE-220510164 5500
NEWTON, MATTHEW
28693 OLD TOWN FRONT ST
TEMECULA
02120202210.14:53
021201202211:00:51
02120202211:07:59
02121202211:19.47
NE
NO
02/21/2022 02:21:48
FU
Full -Up
TE-220520065 5104
BOWMAN, ROBERT
28693 OLD TOWN FRONT ST
TEMECULA
02I2120220221:48
02211202202:27:57
02121202202.28:11
02/211202202:42.54
FU
NO
02/21/1,22 07432'
415N
Disturbing the Peace
TE-220520101 5104
BOWMAN, ROBERT
28693 OLD TOWN FRONT ST
TEMECULA
02I21202207:43:24
02211202207:48'50
02121/202207.49:43
02211202208: 11.31
NE
NO
02/25/2022 11:22:13
911M
911 Call from Mobile Phone
TE-220560267 4974
CUNANAN,RANDY
28693 OLD TOWN FRONT ST
TEMECULA
02125202211:22: 13
021261202212: 14.54
0226/20221215:11
NE
NO
03/02/2022 11:18:02
ALARM
Ala-, False AA.-TE-220610095
3894
IBARRA,GUSTAVO
28693 OLD TOWN FRONT ST
TEMECULA
03/02202211:18:02
03/02/20221124:26
03102202211:40:44
03/02120221144.26
NE
NO
03/11/2022 022949
243.4
Assualt on a Peace Officer
TE-220700166 3586
MULLINS, BRANDON
28693 OLD TOWN FRONT ST
TEMECULA
03/11/202202:29:49
03111/202202:30:40
03/11/202202:5657
03/11/202204:41:46
R
YES
03/11/2.22 U-03:19
HS
Health& Safety Code Violation
TE-220700194 4286
VALTIERRA, ADOLFO
28693 OLD TOWN FRONT ST
TEMECULA
03111202204:03: 19
031111202205:49.14
03111202206:32:00
03111120220640.21
NS
NO
03/18/2022 10:0302
FPROPE
Found Property
TE-220770075 N7054
HICKS, BRIANNA
28693 OLD TOWN FRONT ST
TEMECULA
03118202210:03:02
03/181202210:05.28
03118202210:24:37
031181202210:34:18
NE
NO
03/212022 08:2157
FRAUD
Fraud
TE-220800023 4521
STUTLER,LACY
28693 OLD TOWN FRONT ST
TEMECULA
031212022082157
03121/202208:53.00
03121202208:57:48
0321/202209:03:34
NS
NO
03/21/2022 0249:32
FRAUD
Fraud
TE-220800144 4464
LESO,RUDY
28693 OLD TOWN FRONT ST
TEMECULA
03/21/202202:49:32
03/21/202203.04:23
03/21I2022032623
R
YES
05/07/2022 11:21:42
2421
Missdimeanor Ass it Win no
TE-221270191 4471
VALADEZ, ALFONSO
28693 OLD TOWN FRONT ST
TEMECULA
05107202211:2142
051071202211:22.29
05107/202211.22:29
05/07/202211:35.38
NE
NO
Weapons or Iniury
11/22/1122 1158:20
ALARM
Ala-, False Ala-
TE-221420117 5228
HANSEN,RYAN
28693 OLD TOWN FRONT ST
TEMECULA
05122202211:58:20
05231202212:05:13
05123202212:08:52
05231202212: 15:11
NE
NO
06/08/2022 03:09:36
ALARM
Ala-, False Alarm
TE-221590094 4989
SHEHATA, MINA
28693 OLD TOWN FRONT ST
TEMECULA
06/08202203:09:36
06/081202203: 10.38
06/08202203:11:09
06/081202203:25:54
NE
NO
06/09/2122 02:0422
ALARM
Ala-, False X.-TE-221600142
2441
HOXMEIER, RYAN
28693 OLD TOWN FRONT ST
TEMECULA
06109/202202:04:22
06/09/202202:04.44
06191202202.12:30
06109/202202: 1644
NE
NO
OB/10/2022 11:43:Ag
ADD
Assist Other Department
TE-221610241 5500
NEWTON, MATTHEW
28693 OLD TOWN FRONT ST
TEMECULA
06110202211:4349
06110120221143.50
06110/202211:43:50
O6/111202212:03.39
NS
NO
06/10/1122 11:55:42
AOD
Assist Other Department
TE-221610244 5729
CHIRAFISL NICHOLAS
28693 OLD TOWN FRONT ST
TEMECULA
06110202211:55:42
06/101202211:58:32
O6/10/202211:59.24
NO
06/19/2022 0T.1549
647F
Public Intoxication
TE-221700020 5143
CHURCHILL, WILLIAM
28693 OLD TOWN FRONT ST
TEMECULA
06/19/202201: 15:49
06/19/202201: 155,50
06/19/202201: 15:50
06/19/202202:5704
RA
YES
07/09/2022 10,48:26
911M
911 Call fran Mobile Phone
TE-221900178 5143
CHURCH ILL, WILLIAM
28693 OLD TOWN FRONT ST
TEMECULA
0719202210:47:54
07/09/202210:52.43
07109/202210.52:46
07/091202210:57.19
NS
NO
07/15/2022 03:31:20
ALARM
Alarm, False Ala-
TE-221960100 5881
28693 OLD TOWN FRONT ST
TEMECULA
07115202203:31:20
07/15/202203:33.12
07115202203:5144
07/151202203:58.51
NE
NO
07/18/2022 10A9:31
ALARM
Alarm, False Alamm
TE-221990093 3730
NELSON, BRIAN
28693 OLD TOWN FRONT ST
TEMECULA
07/18202210:49:31
07/18/202210:50.32
07118202210:52:49
07/181202211:00.12
NE
NO
07/24/2022 12:23:33
242J
Missdimeanor Assualtvrith no
TE-222050005 4955
HEPHNER, JOSHUA
28693 OLD TOWN FRONT ST
TEMECULA
07/24/202212,23:33
07/24/202212:24: 56
07/24/202212:24:56
07124/202204:24'. 55
RA
YES
Weapon, or lniury
11/24/2022 09:30:40
PASSIS
Public Assist
TE-222050049 6089
28693 OLD TOWN FRONT ST
TEMECULA
07124202209:30:40
07124/202209:33.42
07124202209:33:52
0724/202209:57.18
NE
NO
07/24/2022 051430
911E
Contact Officer
TE-222050107 5121
ROBERTS, PIERCE
28693 OLD TOWN FRONT ST
TEMECULA
07124202205: 14:30
07/24/202205: 14.49
07241202205:15:16
NE
NO
07/28/2022 10:30:51
415P
Disturbing the Peace
TE-222090057 4132
RAMOS, JOEL
28693 OLD TOWN FRONT ST
TEMECULA
07/28202210:30:51
07128/202210:32.32
07/28292210:34:00
07281202210:46.12
NE
NO
05/22/2022 04:53:05
LPROPE
Lost Property
TS-221420016 N2070
GARCIA, JULIE
28693 OLD TOWN FRONT ST
TEMECULA
05122/2022045305
05122/202204:53:10
05/221202204.53:10
05/22/202205:00.45
RS
YES
EXHIBITN Pagel
0561 D203
D204
nc. Date Inc. Time
Call Type
Call Number Officer 1
0111
Add-
City
Rc Ti-
Di Time
A,Ti-
Cl Time
Dispc
Written
11,13,1 1 01: 11
PASSIS
Public Assist
TE-211940006 5195
MARTIN, TIMOTHY
28699 OLD TOWN FRONT ST
TEMECULA
07113/202101.23:05
0711312O21 O1:29.46
07113202102:22:43
07/13120210240.45
NE
NO
OB/22/2021 02:05:43
415
Disturbing the Peace
TE-212340020 4471
VALADEZ, ALFONSO
28699 OLD TOWN FRONT ST
TEMECULA
08/221202102.0543
08/22/2O21 0209:30
08122202102:0930
08122120210211.13
NE
NO
09/04/2021 041550
ALARM
Alann, False Alai
TE-212470030 5650
ORTIZ, JAIME
21691 OLD TOWN FRONT ST
TEMECULA
09104122104.15:50
091041202104:2221
091041202104.22:30
09/041202104:23.40
NE
NO
09/20/2021 05,031,
AOD
Assist Other Department
TE-212630165 5228
HANSEN,RYAN
28699 OLD TOWN FRONT ST
TEMECULA
09120/202105.03:58
09120/202105:09:13
09120/202105.27:44
09/201202107:33:31
NE
NO
09/22/2021 102209
MPERSO
Missing Person
TE-212650270 4674
MURPHY,1
28699 OLD TOWN FRONT ST
TEMECULA
09122202110:2209
0922/202110:23:20
09122202110:2719
0922120211041.55
NE
NO
19/23/2111 11:3513
CWELFA
Check the Waitare
TE-212660253 4286
VALTIERRA, ADOLFO
28699 OLD TOWN FRONT ST
TEMECULA
09123/202111.3513
09/231202111:42.15
09123202111:4215
09123120211148.54
NE
NO
09/28/2021 11:16:23
ALARM
Alarm, False Ala-
TE-212710093 5494
REID, ERICA
28699 OLD TOWN FRONT ST
TEMECULA
09/28/202111.1623
091281202111:20.53
09281202111:21.15
NE
NO
10/10/2021 11:1836
415
Disturbing the Peace
TE-212830081 3854
MOHR, TIMOTHY
28699 OLD TOWN FRONT ST
TEMECULA
10/10/202111.1836
10110/202111:26.00
1011012021112600
10/1012021114015
NE
NO
70/23/2.21 032448
MPERSO
Missing Person
TE-212960030 5144
COUNA, NOEL
28699 OLD TOWN FRONT ST
TEMECULA
10123/202114:48
102312O21 04:41:52
10/231202104:52.04
NU
NO
11/02/2021 02.18:11
LPROPE
Lost Property
TE-213060159 4175
DUHAMEL, CHAD
28699 OLD TOWN FRONT ST
TEMECULA
ii102/202102:78: 11
11/02I202103:22:13
11/02/202103,32:49
11102I202103:41 lu
R
YES
11/2]/2027 12.2211
647E
Public Intoxication
TE-213310004 5749
LEAL, JULIAN
BAILEYS- 28699 OLD TOWN FRONT ST
TEMECULA
iil2]/202112:22:30
11/27I202112:22:31
ii127/202112:22:31
11/27I202112:43O3
R
YES
12/11/2021 0809:48
CWELFA
Checkthe WeHare
TE-213450191 4286
VALTIERRA, ADOLFO
28699 OLD TOWN FRONT ST
TEMECULA
12I112021080948
12/111202108: 11.10
12/11202108:13:01
12/111202109:49.25
NE
NO
12/14/2021 03.32:08
LPROPE
IProperty
TE-213480155 5104
BOWMAN, ROBERT
28699 OLD TOWN FRONT ST
TEMECULA
12/14/2021033208
12/14/20210344:58
12/14/2021034518
12/14I202104:00:54
R
YES
12/21/2021 11A9:31
1O8511
Stolen Vehicle
TE-213550237 4309
GRIMM,
28699 OLD TOWN FRONT ST
TEMECULA
1221/202111:49:31
1222/202112:36:32
1222202112:5554
12122/202101:57.23
NU
NO
CHRISTOPHER
01/20/2022 06.32:57
OD
Overdose
TE-220200195 5144
COLINA, NOEL
28699 OLD TOWN FRONT ST
TEMECULA
01/20/202206: 32:57
01/20/202206:33:51
01/201202206,38:57
01/20/202209:30:26
R
YES
02/0212122 10:3211
HS
Health& Safety Code Vidation
TE-220330060 5650
ORTIZ, JAIME
28699 OLD TOWN FRONT ST
TEMECULA
O210220221O:32: 11
02/021202210:32.24
02/02/20220100.35
1NO
Ii/'6/2022 02:21:31
23103
Reckless DrWing
TE-220650018 4491
VEROSTEK, PAUL
28699 OLD TOWN FRONT ST
TEMECULA
031061202202.21:31
03/06/2O22 02:22:47
03106202202:22:47
O3/0612O22 02:25.49
NS
NO
013243
602
Trespassing
TE-220650040 4215
RICE, FRANK
28699 OLD TOWN FRONT ST
TEMECULA
03106202209:32:43
03/0612O22 09:33.42
03106/202209.41:36
03/0612O22 09:51.19
NE
NO
1/2022
022 /204:14:29
SCIRC
Suspicious Circumstances
TE-220750196 5848
28699 OLD TOWN FRONT ST
TEMECULA
03116/202204:14:29
03116/202204: 18.27
03116/202204.31:29
03/1612O22 O4
141:33
NO
03/25/2022 0946:51
21002
Hit and Run
TE-220840147 4546
MELBACK, JARED
28699 OLD TOWN FRONT ST
TEMECULA
03/25/202209:46:68
03/25/202209:48:31
03I25/202209'. 52:37
03/25/202211:05:30
R
YES
04/16/2022 03:46:06
SCIRC
Suspicious Circumstances
TE-221060122 5143
CHURCHILL, WILLIAM
28699 OLD TOWN FRONT ST
TEMECULA
04M6202203:46:06
04/1612O22 05:42.41
04116202205.4248
O4/1612O22 O6:31:54
NE
NO
O5/26/2022 10:27:05
415N
Disturbing the Peace
TE-221460281 5583
AU, KEVIN
28699 OLD TOWN FRONT ST
TEMECULA
05/261202210:27:05
05261202210:29:00
OS/26120221O.29:07
05261202210:41:29
N
NO
06/19/2,22 02.20:43
647E
Public Intoxication
TE-221700027 4955
HEPHNER, JOSHUA
28699 OLD TOWN FRONT ST
TEMECULA
01119/202212.20:43
J6/19I202202:20: 14
O6119/202202:20:44
O6/19I202203:01:42
RA
YES
01/02/2022 12.22:54
242
Battery
TE-221830008 5583
AU, KEVIN
28699 OLD TOWN FRONT ST
TEMECULA
07IO2/202212.22:54
07/02I2022122255
07IO2/2022122255
07/02I202201: 15:13
RS
YES
07/03/2022 015730
647F
Public Intoxication
TE-221840027 5583
AU, KEVIN
28699 OLD TOWN FRONT ST
TEMECULA
07/03/202201:57,30
07/03I202201:67315
07I03/202201: 57:37
07/03I202202:59:50
RA
YES
07/24/2022 12:38:26
CWELFA
Check the WeHam
TE-222050006 5583
AU, KEVIN 8699 OLD TOWN FRONT ST
TEMECULA
07124122212:37:37
07241202212:41:24
071241202212.50:41
07/21202212:50.52
N
NO
05/22/2022 04:08:24
MPERSO
Missing Person
TS-221420001 N2O70
GARCIA, JULIi9
OLD TOWN FRONT ST
TEMECULA
05122/202204.08:24
05122/2O22 08:20.24
05122/202208.20:24
05/221202209: 10.51
NE
NO
EXHIBITO Pagel
0562 D204
D205
Inc. Date
Inc. Time Call Type
Call Number Officer 1
Officer Name 1
Address
City
He Time
Di Time
Ar Time
Cl Time
Dlspc
Written
07/16/2021
03:44:10
AOD
TE-211970012 4132
RAMOS, JOEL
41958 5TH ST
TEMECULA
07/16/2021 03.44:10
07/16/2021 03:44:52
07/16/2021 03:48:44
07/16/2021 03:59:57
NE
NO
07/22/2021
11:26:10
ALARM
TE-212030093 5644
MCBRIDE, BRENNEN
41958 5TH ST
TEMECULA
07/22/2021 11.26:10
07/22/2021 11'32:39
07/22/2021 11:42:44
07/22/2021 11,4717
NE
NO
07/26/2021
03:2Y00
ALARM
TE-212070117 5104
BOWMAN, ROBERT
41958 5TH ST
TEMECULA
07/26/2021 03:25:00
07/26/2021 03:25:16
07/26/2021 0332:12
07/26/2021 03:38:01
NE
NO
07/29/2021
10:41:54
ALARM
TE-212100190 3398
STAAT, CHAD
41958 5TH ST
TEMECULA
07/29/2021 10:41:54
07/29/2021 10:45:10
07f29/2021 10:45:10
07/29/2021 10:47:39
NE
NO
09/03/2021
11:05:03
415
TE-212460218 4286
VALTIERRA, ADOLFO
419585TH ST
TEMECULA
09/03/202111*05:03
09/03/202111:06:29
09/03/202111:0651
09/03/202111:15:39
NE
NO
09/12/2021
04:17:11
ALARM
TE-212550019 3385
TOVAR, ALONSO
41958 5TH ST
TEMECULA
09/12/2021 043731
09/12/2021 04:41:19
09/12/2021 04:49:34
09/12/2021 05:02:35
NE
NO
09/19'/2021
01:19:37
647F
TE-212620034 2654
SAWYER, JOHN
419585TH ST
TEMECULA
09/19/202101*19:37
09/19/202101:19:38
09/19/202101:19:38
09/19/202104:48:41
RA
YES
10/21/2021
11. 4:56
ALARM
TE-212940100 3436
KEENEV, BRIAN
419585TH ST
TEMECULA
10/21/2021 11:14:56
10/21/2021 11:15:17
10/21/2021 11.24:48
10/21/202111:38:37
N
NO
10/30/2021
12:03:24
415
TE-213030001 4491
VEROSTEK, PAUL
419115TH ST
TEMECULA
10/30/2021 12.0324
10/30/2021 12:15:14
10/30/2021 12:15:16
10/30/2021 12:18:52
NE
NO
10/30/2021
123638
FU
TE-213030009 4491
VEROSTEK, PAUL
41958 5TH ST
TEMECULA
10/30/2021 12:36:38
10/30/2021 01:41:11
10/30/2021 01:42:21
10/30/2021 01:47:46
FU
NO
10/30/2021
08:19:34
PVIOL
TE-213030195 4546
MELBACK, JARED
41958 5TH ST
TEMECULA
10/30/2021 08.19:34
10/30/2021 08:20:18
10/30/2021 08:47:53
NE
NO
11/01/2021
105250
ALARM
TE-213130096 4171
DUHAMEL, CHAD
411115TH ST
TEMECULA
11/09/2021 10:52:50
11/09/2021 10:59:05
11/09/2021 11:07:10
11/09/2021 11:12:01
_.
NE
NO
11/20/2021
01:02:56
FU
TE-213240097 4659
HARRELL, JONATHAN
41958 5TH ST
TEMECULA
11/20/2021 01:02:56
11/20/2021 01:03:21
11/20/2021 01:07:59
11/20/2021 01:14:20
FU
NO
11/26/2021
113522
ALARM
TE-213300051 5752
HERNANDEZ, CELLINA 41958 5TH ST
TEMECULA
11/26/202111:35:22
11126/202111'49:01
11/26/202112:05:47
11/26/202112,25:54
NE
NO
11/27/2021
09:3111
647F
TE-213310190 2654
SAWYER, JOHN
419585TH ST
TEMECULA
11/27/202109.34:03
11/27/202109:34:11
11/27/202109:35:21
11/27/202110:35:15
R
YES
11/28/2021
124809
415
TE-213320008 2654
SAWYER, JOHN
BLACKBIRD TAVERN-419585TH ST
TEMECULA
11/28/202112:48:09
11128/202112:48:10
11/28/20211248:10
11/28/202101:23:06
NS
NO
12/10/2021
1135:4,
242P
TE-211440244 4471
VALADEZ, ALFONSO
419115TH ST
TEMECULA
12/10/2021 11:35:47
12/10/2021 11:46:44
12/10/2021 11:5302
12/11/2021 01:19:43
INS
NO
12/13/2021
08:5613
PASS IS
TE-213470038 2612
STRANG, PAT
41958 5TH ST
TEMECULA
12/13/2021 08*56:13
12/13/2021 08:57:50
12/13/2021 08*58:36
12/13/2021 09:05:09
NE
NO
01/08/2022
01:00:34
242J
TE-220080004 4471
VALADEZ, ALFONSO
41958 5TH ST
TEMECULA
01/08/202201*00:34
01/08/202201*34:24
01/08/202201:34:28
R
YES
01/17/2022
04:20:09
245P
TE-220170011 5770
BARNEY,GARRETT
41958 5THST
TEMECULA
01/17/202204:20:09
01/17/202205:48:20
01/17/202206:00:41
01/17/2022102341
R
YES
02/O5/2022
OS'S3:23
ACID
TE-220360131 3222
HEUER, MICHAEL
41956 5TH ST
TEMECULA
02/05/2022 05:53:23
02/05/2022 05:54:01
02/05/2022 05:55:49
02/05/2022 06:16:56
NE
NO
02/18/2022
11 431,
2115
TE-220490012 3712
PIERSON, VICTOR
41918 5TH ST
TEMECULA
02/18/2022 11:43:10
02/18/2022 11:43:52
02/18/2022 11:47:19
02/18/2022 12:1107
NE
NO
03/03/2022
081500
ALARM
TE-220620219 5729
CHIRAFISI, NICHOLAS
41958 5TH ST
TEMECULA
03/03/2022 08:15:00
03/03/2022 08:21.02
03/03/2022 08:30:01
03/03/2022 08,33:28
NE
NO
04/08/2022
10:50.47
647F
TE-220980295 3398
STAAT, CHAD
41958 5TH ST
TEMECULA
04/08/2022 10:50:47
04/08/2022 10:50.48
04fO8/2022 10:50:48
04/08/2022 11:18:48
NE
NO
04/09/2022
11:54.59
415
TE-220990225 3222
HEUER, MICHAEL
41958 5TH ST
TEMECULA
04/09/202211:54:59
04/09/2022 11:55.00
04/09/202211:55:00
04/10/2022 12:01:22
NE
NO
05/06/2022
013953
UTROUB
TE-221260012 5398
HALL, WHILLIS
41958 5TH ST
TEMECULA
05/06/2022 01 :39:53
05/06/202201:42.24
05/06/202201:42:24
05/06/202201:51:12
INS
NO
05/06/2022
11:44.43
ALARM
TE-221260119 3712
PIERSON, VICTOR
41958 5TH ST
TEMECULA
05/06/2022 11:44:43
05/06/2022 11:45:07
05/06/2022 12:04:10
05/06/2022 12:16:52
NE
NO
06/05/2022
01:2641
MPERSO
TE-221560017 4198
1ACOBO, THOMAS
41958 5TH ST
TEMECULA
06/05/2022 01:26:41
--
06/05/2022 01.46:13
06fO5/2022 01:46:13
06/05/2022 01:54:53
_—
NU
NO
07/10/2022
02:0251
SCIRC
TE-221910077 3720
GRUWELL, NICHOLAS
419585TH ST
TEMECULA
07/10/202202:02:51
07/10/202202:06:07
07/10/202202:3232:48
07/10/202202:56:18
NE
NO
EXHIBIT P Pagel
0563 D205
D206
EXHIBIT Q
0564 D206
EXHIBIT Q Pagel
D207
Check number
Ticket Nm/Reason
Date
Date paid
Amount
1078
5879/Hours
3/5/21
3/29/21
$50.00
1079
5881/Hours
3/6/21
3/29/21
$150.00
1080
5882/Hours
3/12/21
3/29/21
$250.00
1081
5884/Hours
3/19/21
3/29/21
$250.00
1082
5889/Hours
3/20/21
3/29/21
$250.00
1113
6981/Both
4/16/21
4/28/21
$500.00
1114
6983/Both
4/17/21
4/28/21
$500.00
1115
5979/Both
4/10?/21
4/28/21
$400.00
1116
5976/Both
4/9/21
4/28/21
$300.00
1117
5895/Hours
3/27/21
4/28/21
$250.00
1118
5893/Hours
3/26/21
4/28/21
$250.00
1119
6976/Hours
4/2/21
4/28/21
$250.00
1120
6977/Hours
4/3/21?
4/28/21
$250.00
1246
6938/Both
6/11/21
8/13/21
$500.00
1247
6941/Both
6/12/21
8/13/21
$500.00
1248 (PUBS)
6939/Hours
6/12/21
8/13/21
$250.00
1249 (PUBS)
6942/Hours
6/13/21
8/13/21
$250.00
1250
6801/Both
6/19/21
8/13/21
$500.00
1251
6803/Both
6/20/21
8/13/21
$500.00
1252
6052/Both
6/25/21
8/13/21
$500.00
1283
6851/Both
6/27/21
8/13/21
$500.00
1284
7105/Both
7/2/21
8/13/21
$500.00
1285
7108/Both
7/3/21
8/13/21
$500.00
1286
6943/Both
7/9/21
8/13/21
$500.00
1287
7114/Hours
7/10/21
8/13/21
$250.00
0565 D207
EXHIBIT Q Page2
1290
6926/13oth
5/21/21
8/13/21
$500.00
1292
Civil Penalty
7/30/21
8/19/21
$500.00
1293
Civil Penalty
7/30/21
8/19/21
$750.00
1294
Civil Penalty
7/27/21
8/19/21
$500.00
1295
Civil Penalty
7/31/21
8/19/21
$1000.00
1296
Civil Penalty
8/1/21
8/19/21
$1000.00
1297
Civil Penalty
8/6/21
8/19/21
$1000.00
1298
Civil Penalty
8/7/21
8/19/21
$1000.00
1299
Civil Penalty
8/8/21
8/19/21
$500.00
1300
7122/hours
7/24/21
8/8/21
$250.00
0566 D208
EXHIBIT Q Page3
CJB CALIFORNIA P&NIK
Tau i7F
Transaction Details
D209
f
90-321fl [
1078
3 "c�t2j-- ----- I $ bDGo
uu
(; $ CALIFORNu BANK TRUST
+RSSST TEMECULA OFFICE
9161 S WINCH ESTER RD, TEMECULA- CALIFORNIA 92590 f
CST C.- $-0004 -bow ealh�nk[ruR.eem f
1: 1 2 2 2 3 2 1091: 5 ?9 56 5696 511' 10 ?B
CNC PUMA CORPORATION
DIP CASE 6:20-BK-17551
GENERAL ACCOUNT
28645 OLD TOWN FRONT ST.
TEMECULA, CA 92590
on �C
OcoC7 �1— o{O9�
Oi
A
o'-4Mv0
C5 ca 90
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6 0
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0567 D209
EXHIBIT Q Page4
CIB3 CALIFORNFA BfLNIK
Tau i7F
Transaction Details
D210
11 CNC PUMA CORPORATION
DIP CASE 6:20-BK-17551
GENERAL ACCOUNT
28645 OLD TOWN FRONT ST.
TEMECULA, CA 92590
v
C B CALIFORNIA BANKiTRUST
.ix Olr TEMECI1lA OFFICE ` TT_
4I415 wINCMESTER RD-. TEMECUI.A, CALIFORNIA 92590
C97 tenn.ee I-Buo-yoO-iGiG eyh.nkervae eakl
1:1 2 2 23 2 1091: 5795656965I1' 1079
I
3 � 2
� llele�mHmk
c.eyo ��g -G
o 2 s7 _.,, b r -_,
4'0 ern-o0
;pCa a Z
p min U_?N �Tj
W C -LAD 0
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0568 D210
EXHIBIT Q Page5
B C CALIFORNIA Bf��k�
-�- Transaction Details
rRL:ib D 211
CNC PUMA CORPORATION
DIP CASE 6:20-BK-17551
GENERAL ACCOUNT
28645 OLD TOWN FRONT ST.
TEMECULA, CA 92590
° 1080
P order of�iG'4
gou
$ CALIFORNIA BANK TRUST
'j'1U6T TEMECULA OFFICE 416tqqq
CRT WI I S W 004 W cmlb u, mtgum NiA 97590
MnKt e�lb�nkvwc�em
�a No 5 8 6Z
L222321091: 579565696Sol 1080 --
0569
$
NP
61 rn
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0 O
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m
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m
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D211
EXHIBIT Q Page6
B C CALIFORNIA Bf��k�
-�- Transaction Details
TAv5T' D212
CNC PUMA CORPORATION
DIP CASE 6:20-BK-17551
GENERAL ACCOUNT
28645 OLD TOWN FRONT ST.
TEMECULA, CA 92590
10 12M 1081
a= -� /j q b L
4 �aFc Wd� i 4-q 0� -tAvv-r�t o- $ 0
d
C B CALIFQRNU BANKOLTRUST
1'kg6T TEMECgLA OFFICE
41615 WINC14E5TER RD., TEMECUTA, CALIFORNIA 92544 %
CdT C—mt I-v�cg EO{O ea h8 kfryn,rp,1
ca
1:1 2 223 21091: 5'e95G5G9GSill 1081
0570
N [3 h7 (7 mo c
Qco ca C, w
O 40
C, ,..,�--4
©0
c'
CD
w_ �coQ
jnl r_
0 111
a
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0 a
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91 D212
EXHIBIT Q Page7
CJB CALIFORNIA P&NIK
Tau 5TF
Transaction Details
D213
CNC PUMA CORPORATION
DIP CASE 6:20-BK-17551
GENERAL ACCOUNT
28645 OLD TOWN FRONT ST.
_ TEMECULA, CA 92590
I m °rzz c` 1082 _L
I $ asa=a-
C B CALIFORNIA BANKTRusT
TxITOT Ilzr
41*15 NCHESCE
{Ii15 WiNCNEST£A IISf,. TQMELVII. CALIFURNu 9159
0 COT Camin[ 14PH-4004000 .Jb-k.� o.
L 2 2 2 3 2 1091: 5?9565696S118 108 2
Ar
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0 O
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=izo
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A It3i Z� >�
r-m
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0571 D213
EXHIBIT Q Page8
CIB CALIFORNFA $} NIK
Tau i7F
Transaction Details
D214
CNC PUMA CORPORATION
DIP CASE 6:20-BK-17551
GENERAL ACCOUNT
28645 OLD TOWN FRONT ST.
TEMECULA, CA 92590
9°m'°� 'r .1113
Ppo
a
$ 56
C B CALIFORNIA BANK TRUST
TattsT TEMECULA OFFICE NQV
15 15 ...
-I ESTER R[) , 4EMELuu, CKlJ FORNI/� 91590 °
CBT5 WINCE ESTER 00i6 TE ?aCU Ar K Fn f
nor
I:L22232L09+: 579565696SV1&13
0572
D214
EXHIBIT Q Page9
CJB CALIFORNIA P&NIK
Tau i7F
Transaction Details
D215
CNC PUMA CORPORATION
DIP CASE 6:20-BK-17551
GENERAL ACCOUNT
28645 OLD TOWN FRONT ST.
` TEMECULA A 92510
C e tiD'v► � 0--
Imo 1114
a?r,�id z I
C B CALIFORNIA BANKITRUST
TRUST TEME416PS WIN OFFICE
NZF
CBT onnea ESTER1-WO- RO, 7EMELVLA, LALIFOPNU 72570
y CeT Lonna I•BO?1o[I foeu elwnefveyu)��)t.com
22232&091: 5?956S696Su1 &4
560
6 00
I ��I --e ••1 OeIdIIB on HpLt
Ar
0573 D215
EXHIBIT Q Page10
CIB CALIFORNIA BANS
SRL XTF
Transaction Details
D216
t
CNC PUMA CORPORATION
DIP CASE 6:20-BK-17551
GENERAL ACCOUNT
28645 OLD TOWN FRONT ST.
TEMECU CA 92590
Emma: ME rim
°10
12M 1115
a=j" 1 2,5lzt
C $ CALIFORNIA BANK TRUST
TxvSr TEMECUu OWU
41615 wINCNESTEESTER W.. TEMECuu, CALIFORNIA 17590
CST Cen — I-W 1pp Woo uIb- t— eem
1:1222321091: S?9S6S69651,'LLLS'
0574
t-38 �icv
00 q�8Q
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O m La !J m
N - C -440 0
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a- t o
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D216
EXHIBIT Q Page11
CIB CALIFORNIA BANS
Tau i7F
Transaction Details
D217
CNC PUMA CORPORATION
DIP CASE 6:20-BK-17551
GENERAL ACCOUNT
28645 OLD TOWN FRONT 5T.
TEMECULA, CA 9250
A� C)
ordEr of
C B CALIFORNIA BANK TRUST
TRyBT TEMECU A OFFICE " ar
♦ COT
M " 1 STFR An, TEMECULA. CALIFORNIA 91590
G9T /Ga7nmir 1 aoa4aa-67au srlWnlvu.tcon
J: L 2 2 2 3 2 L 0 9 1: 579565696SOLLL6
0575
-10
1�' l 116
222 �
$ 566
J
m
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m
m
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m
rn
D217
EXHIBIT Q Page12
B C CALIFORNIA BA��
-�- Transaction Details
rRLi7F D218
CNC PUMA CORPORATION
DIP CASE 6:20-BK-17551
GENERAL ACCOUNT
28645 OLD TOWN FRONT ST.
TEMECULA, CA 92590
0 -�
K-L� , L
2Im X 1117
a �/,?- 01 zl
$ 2-S
V v
C B CALIFomu BANK TRUS
it➢!T TEMfGUI-A OFFICE
4lil S WINCMESTER Rp„ TEMECUt& CI IFORNIA 93$Po
COT Co— I-eu4-4uo 6M cd6wkn
1: 1 2 2 23 21091: 5?9565696S01 1 0
0576
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D218
EXHIBIT Q Page13
CJB3 CALIFORNIA P&NIK
SRL 5TF
Transaction Details
D219
CNC PUMA CORPORATION
DIP CASE 6:20-BK-17551
GENERAL ACCOUNT
28645 OLD TOWN FRONT ST.
TEMECULA, CA 92590
4 � •• -- •• Oelelk on 9ech
$ GALIk omu BANK. RUST
_ _ -�
TEMECULA
T!O!T IN OFFICE 41413
4I{IS WINCNESTE0. M., TEME[4u. Cu1FOIeNIw 975f0
CRT Connect 1 100.400 6D80 W6 tv
S J� ��fiv�
1: L 2 2 2 3 2 L091: 579565696S114L&IB
9° m °�� A1,4 1118
a= jL- 2I
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0577 D219
EXHIBIT Q Page14
B C CALIFORNIA Bf��k�
-�- Transaction Details
SavSTF D220
CNC PUMA CORPORATION
DIP CASE 6:20-BK-17551
GENERAL ACCOUNT
28645 OLD TOWN FRONT ST.
TEMECULA, CA 92590
v U v
C B CALIFORNIABANE RUST
TRUST TEMECUW OFFICE
V615 WINCHESTER RO. TEMSCuLA, CA IFORNU 92590
CST Conn— $490 W4060 id6mklr c—
r
22232L091: 5795E5696Sum IIL9
9u, 1119
Q 5P
agib �a
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0578 D220
EXHIBIT Q Page15
B C CALIFORNIA Bf�Nk�
-�- Transaction Details
rRL:iF D221
CNC PUMA CORPORATION
DIP CASE 6:20-BK-17551
GENERAL ACCOUNT
28645 OLD TOWN FRONT ST.
TEMECULA, CA 92590
71 � zo-r of l
9010222 !� 1120
U V V
C B CALIFORNIA BANK�TRUST
-,-
Tlpii TE A OFFICE
�1611 WIWINCHESTER Rp„ TENECIILA. CALIFORNIA 92.590
lCRT rCo'n �c j1-6o 400 b kT�yH,com
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1:122232LO91: 579565696511'Z L20
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0579 D221
EXHIBIT Q Page16
C B3 CALIF iNI, B&Nx
Tau XT'
Transaction Details
D222
CNC PUMA CORPORATION 90 3210 4& 1246
DIP CASE 6:20-BK-17551 1222
GENERAL ACCOUNT
28645OLD TOWN FRONT ST_
TEMECULA, CA 92594
- 1-6m!! 5C�000
der o
C B CALIFORNBA BANK TRUST
Txu9T TENECVFA OFNCE
06IS W NCNESTER RD., TVMFCULA. CAUFORNIA 91590
CST C.— I-aW4006010 cd6—,ry,S,com
1sh22232L091: S49SP.SF,96
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ANGFLES-202 t U630-0U0()0 , )'';;Qt'910
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D222
EXHIBIT Q Page17
CJB CALIFORNIA P&NIK
SRL XTA
Transaction Details
D223
f
CNC PUMA CORPORATION
DIP CASE 6:20-BK-17559
GENERAL ACCOUNT
28645 OLD TOWN FRONT ST.
TEMECULA, CA 92590
1'
'° 04, 1247
00 vv
$ '5QO010
$ CALIFQRNIA BAN�RUST
•riV>iT TEMECULA OFFICE
p 4MI$ WINCNESTER RD.. TEMECULA. CALIFORNIA 9IS90
,4 C6� � I� 170 <IJG.nM4rwLcom
1:1 2 2 23 21091: 5?9565696Sill 1 247
8 . D=-Bfi��Bn L
- ------------- -------------I
0581 D223
EXHIBIT Q Page18
CI 111PCfRAll:l I3{ 3H
�klS7•
Transaction Details
D224
L
CNC PUMA CORPORATION
DIP CASE 6:20-BK-17551
GENERAL ACCOUNT
28645 OLD TOWN FRONT ST.
L TEMECULA, CA 9�0
Y V ■
C B CALIFORNIA BANK TRUST
T1LOt TEMECULA OFFICE
11616 WINCNESTER Rd., TEMECUM CALWORNIA 93S/0
CRT C—t 1.000 400.6000 nIbwkarvaLoo-
1: 12 2 2 3 2 1091: 5?956 5696 5111 h 248
1Z20 2 1248
$01
BxviM Features
Oviail� m 8eu
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0582 D224
EXHIBIT Q Page19
CIB3 CALIFORNF BfLNIc
SRL i7F
Transaction Details
D225
CNC PUMA CORPORATION
DIP CASE 6:20-SK-17551
GENERAL ACCOUNT
28645 OLD TOWN FRONT ST.
TEMECULA, CA 92590
9Im 1249
ta der of V; C)t" &Lc:;, $ Sa(A
ppvl�un Ee[k
$ CALIFORNIA BANK TRUST
196T TEMECULA OFFICE
4 Im N7NCHESTER RO.. TEMKULA, CALIFORNIA l2590
CRT con— I-900-00-NOO c0b� kSruR-
6 � q
': L 2 2 23 2 i091. 5 79 56 5696 S"8 1 249
0583
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D225
EXHIBIT Q Page20
CIB3 CALIFORNFA $} NIK
SRL 5T'
Transaction Details
D226
CNC PUMA CORPORATION 9t_vom 1250
DIP CASE 6:20-BK-17551
GENERAL ACCOUNT
28645 OLD TOWN FRONT 5T. 3 Zl
TEMECULA, CA 92590 p
-Itraer of 1 _ �C�i'�I�i/`J�7 4`` $Ob
1 a
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C B CALIFORNIA BANK TRUST
TEMSCU" OFFICE 1
TtETRT 41615 WINC"E5TEK RG.. TEFIECLILA, CALIFORN7A 11510 C�{T CCen}en(I"-aw-40 60E0 u1GMlr�rt.wm
1:1 2 2 23 21091: 5?9565696SO 1 250
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1. 0584 D226
EXHIBIT Q Page21
TELL,
Transaction Details
D227
CNC PUMA CORPORATION 90 3210 1251 U
DIP CASE 6:2"K-17551
GENERAL ACCOUNT q
28645 OLD TOWN FRONT ST.ti.�.!' U 3
TEMECULA, CA 92590
d r � sob-
order of
C B CALIFORNIA BANK�TRUST
7FM ECL]EII:E -�•
�1615 WINfHESTEu.pfk q0., TFMEClll,4 C✓<LIi00.NIA 92590 po yam' C/1f)\7
n I n
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D227
EXHIBIT Q Page22
CIB3 CALIFORNFA $} NIK
SRL i7F
Transaction Details
D228
CNC PUMA CORPORATION
DIP CASE 6:20-BK-17551
GENERAL ACCOUNT
28645 OLD TOWN FRONT ST.
TEMECULA, CA 92590
a� � er of i41
�M 1252
flu�- a $ 5 aD —
0�
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C B
iliiii4
y,Iy BANK TRUST
Tilll7
RD.,ORNIA 12S
CST 1: 12 2 2 3 2 L091: 5 79 56 5696 Sill L 2 5 2
#' 00o
[ [�� ANGELES_Z021 U8 3U.....0u06th_,., _ �tCOI0
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EXHIBIT Q Page23
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CNC PUMA CORPORATION
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GENERAL ACCOUNT
28645 OLD TOWN FRONT ST
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CNC PUMA CORPORATION
DIP CASE 6:20-SK-17551
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TEMECULA, CA 92590
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CNC PUMA CORPORATION
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CNC PUMA CORPORATION
DIP CASE 6:20-BK-17551
GENERAL ACCOUNT
28645 OLD TOWN FRONT ST
TEMECULA, CA 92590
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CNC PUMA CORPORATION
DIP CASE 6:20-BK-17551
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CNC PUMA CORPORATION
DIP CASE 6,20-BK-17551
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28645 OLD TOWN FRONT ST
TEMECULA, CA 92590
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CNC PUMA CORPORATION
DIP CASE 6:20-BK-17551
GENERAIL ACCOUNT
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TEMECULA, CA 92590
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D242
CNC PUMA CORPORATION
DIP CASE 6:20-BK-17551
GENERAL ACCOUNT
28645 OLD TOWN FRONT ST
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0601
CNC PUMA CORPORATION'S TIME LINE OF EVENTS INVOLVING THE RECOMMENDED
REVOCATION OF THE CUP FOR THE BANK RESTAURANT
(Submitted to the Attorney for the City of Temecula on January 4, 2022) • Craig Puma and Christy Puma bought the business known as The Bank of Mexican Food in early 2007, which was, at that time, a restaurant that could serve only beer and wine. • In late 2007 they applied for a CUP (Conditional Use Permit) to have the liquor license upgraded to a type 47 which allows for distilled spirits as well as beer and wine (a full liquor license). They had to jump though some hoops and go to some classes mandated by the city for all business applying for this upgrade and it was all approved in January of 2008. So now they had a restaurant with a full liquor license, but they had limited operating hours (till 10pm Sunday thru Thursday, 11pm Friday and Saturdays and 12am on holidays). • The Planning Director was in the restaurant one day, he was a supporter of the restaurant, and he told Craig Puma to apply for a minor modification of the CUP because it made no sense for them to be required to close at the hours required by the CUP at that time. • So, in October of 2008 an application for a minor modification to their CUP was submitted, requesting an extension of hours until 2am everyday of the week. The Planning Director expedited that application through the process and the minor modification was granted by the city. So, the restaurant began staying open most days until 2am except on slow midweek days they would close earlier if business died off.
• In 2012 the old owners applied for another minor modification for an entertainment license to allow for indoor music. Patrick Richardson, the Planning Director, came to the restaurant and told Craig to apply for the entertainment permit in person as Craig already had live entertainment but did not have a permit on file. This was approved in less than a day in February of 2012. The owners now had live entertainment and continued to operate until 2am for the next 8 years when we bought it in February of 2020. There is no way Patrick Richardson (who was a supporter of the restaurant and the city official who encouraged the restaurant to stay open until 2:00 a.m.) would have told Stuart Fisk to eliminate the 2008 modification which allowed the restaurant to remain open until 2:00 p.m. when the 2012 minor modification allowing live entertainment was granted.
• The current restaurant owner/managers continued to run the restaurant the same way for about 3 weeks and then the COVID 19 shutdowns happened. So, the restaurant was closed for about 2 months and then it was allowed to reopen for outside dinning around the end of May of 2020 and again it was open late on Thursday thru Saturday but business was slower most week days and the restaurant sometimes closed earlier.
• In 2020 other restaurants in the area started to run as nightclubs again and the Bank followed suit beginning the last week of September 2020. The Bank restaurant started to run as a nightclub again on Thursday thru Saturday nights and saw some real success with it. • In January of 2021 the city started to question the Bank's hours of operation stating that their records show we had to close at 10pm and 11pm respectively. We called the old owner and talked to him and he said no, he had applied for and was granted an extension of hours in 2008 and said he left a copy of the modification in a file in the office. We could not find it but told the city what Craig had told us and that they must have a copy of it on file. 11I1*1?�
• The city got back to us sometime in February that they could not find a modification that extended the hours until tam and that we would have to close at 10pm and 11pm which was the hours listed on the 2012 modification that allowed for live entertainment. • Craig Puma called ABC (the Alcohol Control Board) and ABC provided him with a copy of the 2008 modification which the city had filed with ABC (in 2008). The Bank provided that copy to the City and asked them to update their records accordingly. • But the city told the owners they would have to go through the 3-to-4-month process of reapplying for a new modification to extend the hours and the 2008 was not valid cause the 2012 extension wiped it out.
• The owners told the city made a mistake when they wrote the 2012 and pointed out that the city must have lost the 2008 modification prior to completing the 2012 modification as there were major typos in the 2012 modification and asked to just have the error corrected. • At no previous time, during the eight (8) years since the 2012 modification, had the City attempted to require the Bank, until February 2021, that the restaurant/night club must clOose prior to 2:00 a. m.
• At no time did the City inform The bank until February 2021, that the second modification in 2012 had eliminated the 2008 modification.
• After that The Bank restaurant started to receive fines from the city for violating the CUP's hours of operation section every Friday and Saturday night. The Bank paid some of the fines while the owners continued to try and talk to the city into resolving the situation. • The Bank also started to get violations for excess sound from around April 3 to July 3 of 2021. • The Bank responded by correcting the sound issues and no further additional sound violations were issued after that.
• The City of Temecula requires the applicant to sign a form accepting any modification granted, otherwise the modification's legality is subject to legal challenge. • Such a form was never signed by the owner at the time of the 2012 modification. • At about this time the owners discovered that the modification of 2012 had never been accepted and the modification form had never been signed by the Bank's owners. • Therefore, the owners determined the 2008 modification, with the extended hours was still in effect.
• A laches argument arose at that point, both as to the non -enforcement by the City of the 2012 modification as to hours and to live entertainment.
• The Bank stopped paying the late hour violations by August 31 of 2021 as it had become apparent at that point the city was not going to work to resolve the issue and the owners decided to fight the inequitable and unfair imposition of the early closing hours and the citations.
• The city sent in building and fire inspectors toward the end of July 2021 and cut the Bank's capacity to about 1/3 of what we had been operating with over the last year. Then the last week of July of 2021 the city started to send a fire marshal, two city officials and at least one sheriff officer into every business running any kind of club every Friday and Saturday night for over a year (it is still going on now) usually two inspections a night. • Such conduct amounted to an illegal taking of property by the City in violation of both the Constitutions of the United States and of the State of California.
• Thanksgiving weekend 2021 there was a shooting about a block away from The Bank and the Sheriff's department sent some officers to The Bank in order to determine if the people involved in the shooting had been in The Bank.
• The Sheriff's investigators came by and gave a description to two of the people involved and our door bouncer said he remembered two guys that fit that description. The Bank pulled its' security camera footage from that night and showed the investigators that The Bank had denied entry to the two suspects. The Sheriff's investigators then left and did not take any of The Bank's camera footage. They did however, thank The Bank employees for their cooperation. • On January 9t" 2022 there was a murder on our property. • It was a Sunday night and the shooter was the son of a current DEA agent and his mother works for the FBI. The person murdered was a former bouncer of ours that was let go 6 or 7 months earlier. He worked at another restaurant down the street and was celebrating a promotion he had received earlier that day. He was trying to deescalate a situation between two other people, one of which was a guy he worked with and the other was the shooter. These two guys, not our former bouncer, had apparently gone to high school together and it was a chance meeting that night and it escalated to a shooting in a matter of seconds before our security could intervene.
• The fact that it accorded at The Bank was a happenstance and had nothing to do with security at The Bank.
• On April 13, 2022, The Bank received a formal notification from the city of Temecula that they were holding an administrative hearing to revoke The Bank's CUP. However, the City had made another mistake in the notification process and sent a subsequent notification on or about April 18, 2022.
• But the City had made yet another mistake on the April 18, 2022 notification and so the City sent a third notification on May 19, 2022.
• The hearing date on the CUP revocation was set for mid -July and the city then requested a new hearing date as their witnesses could not make it on that date and so the hearing was pushed to August 31, 2022.
• The hearing was held via zoom meeting and lasted two days. The first day was the city witnesses, the deputy city manager (Luke Watson), the senior code enforcement official (Tom Cole), the Sergeant in charge of the area of Temecula form the Sheriff's department (Sgt Hepner) and two private investigators (not sure of their names). Day two started with the city finishing with its last witness (one of the private investigators) and then they rested their case, with two rebuttal witnesses on standby.
• The Bank began its defense with two witnesses, Craig Puma the old owner and Amanda Lane a current partner in the business.
• The Bank's landlords were also a respondent to this case and they called two witnesses. They landlords are arguing a different issue regarding notice given them by the city and while the goal of both is the same, their issue with the city is different. • After the landlords rested their case, the city called a rebuttal witness, a Planning Department staffer, Stuart Fisk, ostensibly to refute Craig Puma's testimony. • But then, the Mr. Fisk went beyond the scope of rebuttal and began to testify to an entirely new matter of evidence. The veracity of Mr. Fisk's testimony is highly dubious and the new evidence
1.1 to which he testified failed to address, much less to refute, anything to which Mr. Puma or Ms.
Lang had testified.
• The new evidence merely provided an excuse as to why the city's position about the modification of The Bank's hours of operation was not a mistake. • The city claimed they purposely reduced the hours back in 2012 at the request of the then planning director. This statement is completely not true and goes against all the evidence that was submitted and makes no sense but it is what was said under oath at the last minute in testimony offered in the guise of a purported rebuttal witness. • The city presented almost no actual physical evidence and what little testimony was offered by the City's witnesses was primarily opinion and few, if any facts. • The Bank presented email chains from city officials stating they could not find documents, emails where they stated conjecture as to what they thought might have happened. • The City's witnesses and arguments presented were inconsistent and their stories at the hearing were different than explanations the City had previously offered. • The Bank provided its calls for service from the Sheriff's department showing The Bank did not have any of the issues the City had falsely claimed.
• The calls for service provided by the bank proved that The Bank's calls for service were less than other businesses in the area. In fact, the calls for service in their totality demonstrated that The Bank had fewer issues that normal when compared to other businesses in the same area. • The evidence submitted by The Bank also proved the city had violated its own municipal code, if in fact it did intentionally attempt to reduce the hours. It is more believable to conclude that the City's reduction of The Bank's hours of operation in the 2012 modification was the product of another mistake, among a little of other mistakes committed by the City in this matter.
Respectfully submitted,
James F. Penman
James F. Penman
Attorney for CNC Puma Corp.
Respondent - Exhibit LL — Correspondence Regarding Hearing Dates 0607