Temecula City Council
April 25, 2023

Condition No. 12

1. According to Condition No. 12 of PA 12-0041, the 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.

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 l l 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)
n 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)
m April 16, 2021 $250.00 Citation (Paid)
April 17, 2021 $250.00 Citation (Paid)
1114&A
Page166

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)
a May 1, 2021 $250.00 Citation (Delinquent)
May 7, 2021 $250.00 Citation (Paid)
a May 8, 2021 $250.00 Citation (Paid)
May 14, 2021 $250.00 Citation (Delinquent)
p May 15, 2021 $250.00 Citation (Delinquent)
May 21, 2021 $250.00 Citation (Delinquent)
May 22, 2021 $250.00 Citation (Delinquent)
Q 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 6, 2021 $1,000 Civil Penalty, (Paid)
August 7, 2021 $1,000 Civil Penalty (Paid)
■ August 8, 2021 $1,000 Civil Penalty (Paid)
Page167

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 Civil Penalty (Paid)
Page168

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)
C November20, 2021 $1,000 Civil Penalty (Paid)
December 3, 2021 $1,000 Civil Penalty (Paid)
m December 4, 2021 $1,000 Civil Penalty (Paid)
December 10, 2021 $1,000 Civil Penalty (Paid)
December 17, 2021 $1,000 Civil Penalty (Paid)
4 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)
4 February 4, 2022 $1,000 Civil Penalty (Delinquent)
o 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)
Page169

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 1 l 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)
m April 23, 2021 $250.00 Citation (Delinquent)
April 24, 2021 $250.00 Citation (Delinquent)
® April 30, 2021 $250.00 Citation (Delinquent)
a 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)
e May 22, 2021 $250.00 Citation (Delinquent)
Page170

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 PA 12-0041. 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;
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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Page171

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.
e 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
Maureen Licata, 1562 Despard Avenue, Victoria, British Columbia, Canada VSS 1T3 Randi Johl, City Clerk
0783
Page172

0 City of Temecula
tommunity DevNopment
41000 Main Street ■ Temecula, CA 92590
Malling RddfeSS: P.O. Box 4033 •Temecula. CA 92589 R033 Phone 19511694.6400 ■ Fax f951J b94-6477 • www.rlWortemecula.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 riled.

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 dale.

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+rc 61yoftemecla.orq.

Sincerely.
art ��N
Flsk,AICP
Senior Planner
Enclosures: Conditions of Approval
® rnnnw on Re'W84WEANNING120121PAV-0041 Bank of Mexican Food MOMPlanning\APPROVAL LTRADc Page173

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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
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 Civs 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 Instrurnentallty 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 actlon. 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 Cityrs Development Code.

WPLANNINGM121PA12-0041 Bank of Mexican Food MODVIanningTINAL C:OA-CUP.doc 1 0785
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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 addltlon 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 per mlttee 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 mearitthebeginning of substantial construction contemplated by this approval within the two-year period, which is thereafter diligentiy pursued to completion, or the beginning of substantial ut€llzatfon contemplated by this approval.

8. if commencement of the use has not occurred within two years of approval of this permit, the petmittee 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. Priorto 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 centred by the 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 comssponding 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 Cince De Mayo) the facility shall be permitted to close at midnight. The sale of alcoholle beverages shall cease at 10 p.m. Monday Thursday and Sunday. The sale of alcohol shall cease at 11 p.m. on Fridays and Saturday&. To distinguish boiwoon ABC requirements related to sale, service and consumption, the consumption of alcohol shall ease* no later than one hour after closing. (As amended at Directors Hearing on 11.3108).

G:IPLANNINIM0121PA12-0041 Bank of Maidean Food M0D1PIenn1ngW1NAL COA-CUP.doa 2 age
175

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 compiled 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 at al).

17. The applicant shall comply with the requirements of the Fire Code permit prccess 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 Fite 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 sprinklersystem. 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 Fine Prevention Bureau.

19. Prior to issuance of building permit, any changes affecting the fire alarm system shall require a permitforthe 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 the 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 5.08 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, identlfication 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 (active/reserve/rotired/dependent) d. A valid driver's license from any of the fifty States or Territories of the United States S. A valid U.S_ Passport
f. A valid government Issued identification card issued by a Federal, State, Countyor 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 identfication 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 Pollce 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 Pollee Department.

G:IPLANNINM2910PA12-004.1 Bank or Mexlaan Foal MOMPIvnningTINAL COA-CUPAoo 4 Page177

46 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 UP). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter than the law. Those licenses are marked "Conditional." (23805 UP).
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 prernlises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a Peace officer. (Sections 25616, 25753, and 25765 S&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 on, crimes inside such as drunks, tights, assaults, prostitution, narcotics, etc. The licensed premises include the parking lot, (Section 26BOI a&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 wIH be forwarded under separate cover.

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.&
0 Cif of Temecula(00
Planning Department
43200 Business Park Drive a Temecula, CA 92590 - Mailing Address: P 0. 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 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 '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 with the Development Code and Old Town Specific WPLANNING1200r31PA06.0236 Bank of Mexico Minor MOD1Planning\APPROVAL LETTER ADMINISTRATIVE doc 111FAII'I11
Page179

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 .etter.

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 katio.lecowle ra]cityaftemeculz.orc�,
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
GVLANNING1200MPA08.0236 Bank of Mexico Minor MODSanningWPROVAL LETTER ADMINISTRATIVE.doc 0791
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1 EXHIBIT A

FINAL CONDITIONS OF APPROVAL
SCANNED:

G DMVE:

PERMITS PLUS
INITIALS:

PLANNER:

Page181

Ell
E

AG'CEPTANCE OF COMMONS OF AMPROVAL
I, Craig Puma understand that Planning Application No. PAOB-0236 has been approved with Conditions of Approval which are set forth in Exhibit A. 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:

SIGNATURE DATE
0793
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EXHIBIT A

CITY OF TEMECULA
FINAL CONDOTION8 OF APPROVAL
Planning Application No,: PAb8-0236
Project Descrip-tion: A Minor Modification to an approved Minor Conditional 0se Permit (PA07-0314), to extend the hours of operation for the sale, service and consumptipn of alcohol associated with a previsouly approved Type-47 ABC license for 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
TURF Category:

NIA
Approval Date:

October 9, 2008
Expiration Date:

October 9, 2010

PANNING DEPARTMENT
Within 48 Hours 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 provided under Public Resources Code Section 21152 and California Code of Regulations Section 150U2. 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)).

PL-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.'
General Requirements
PL-3.. The applicant and owner of the real properly 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 0794
Page183

'* MIN• ,r
City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative booty 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 Instrumertality 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 shaft 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 Condilional 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 cia,curnstances include, but are not limited to the modif cation 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 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.

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-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,
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 Alcohol and Drugs (L E.A.D.), or received training from. any other program certified by 1 0795
Page184

tie California Department of Alcoholic Beverage Control, (As amended at Director's Hearing on 1f3M)
PL-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).

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 3.m. When this occurs, alcoholic.beverages may be seFvr,r+ until 2A0 a.m. as consis�ent 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.

PL-16. A separate building permit shall be obtained prior to the commencement of construction,'tenant improvement or 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. 111FAII'I1
Page185

11 EXHIBIT A

FINAL CONDITIONS OF APPROVAL
SCANNED:

G DRIVE:

PERMITS PLIES:

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. 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.

S/GNAT E
I- i � r)31
DA TE
G:1PIann1ng120071PA07.0314 The Bank Upgrade to Type 47 Minor C1JP1PIann1nglF1NAI COA-CUP.doe 2 I
0798 - - -- --

0 0
City of Temecula
Planning Department
43200 Business Park Drive • Temecula, CA 92590 a Mailing Address: P.O. Box 9033 s 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 perlcd 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 kalie.L(,icula.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 Department (stamped plans) G:1Pianning%20071PA07-0314 The Bank Upgrade to Type 47 Minor CURPlanningWPROVAL LTR doc C1��'1s1
Page188

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.
022-036.011
MSHCP Category:

NIA
DIF Category:

NIA
TUMF Category:

N/A
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 His the Notice of Exernplion as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the appllcant/developer has not delivered to the Pianning 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 A(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.

GAPIanning=071PA07-0314 The Bank Upgrade to Type 47 Minor CUPIPlann1rtgWfNAL COXCUPRdoc 3 111:111I11
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GENERAL REQUIREMENTS
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Planning Department
0 The applicant and owner of the real properly 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 appoinled 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 ]urlsdiction 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, raeonflguratlon 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.

B. The permitlee 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,
GV1ann1ng=0A1'A07-0314 The Bank Upgrade to Type 47 Minor CURPlanningWINAL COXCUP.doc 5 Page191

0 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 Aicoho/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 11a.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 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 on 1/3108).
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 GAPIanning1200APA07-0314 The Bank Upgrade to Type 47 Minor CUP1PIanningWINAL COA•CUP doc 6 111:1111Kj
Page192

0 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 webslte at www.cityoftemecula.org; under Chapter 5.06 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 rive 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 (26660 Business and Profession Code):
a. Name of person
b. Date of birth
C. Physical description
d. Photograph
e. Currently valid (not expired)
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0 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 26631 B&P code). Licensees may not permit patrons or employees to consume alcohol betvmen 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00am). (Sac(ion 25032 BAP). 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, laud 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.) GAP1ann1ng%20071PA07-0314 The Bank Upgrade io Type 47 Minor CUP1PlanninglFINAL COA-CUP,doc 13 Page194

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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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 \Planning\2007\PA07.0314 The Bank Upgrade to Type 47 Minor CUP\Planning\DH RESOLUTION EXEMPT FROM CEQA doc i
Page196

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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.
a. 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-4 1 (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 facilitles, 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 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 roquest for the licenso upgrade and solo 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 V 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 (lily and regularly adopted by the Director of Planning of the City of Tomocula at a re(jular meeting thereof held on the 3►d day of January 2008.

Kat-Simpldfcr ary
C:1PIanning12007WA07-0714 The Bank Upgrade to Type 47 MinorCUPWIanning\DH RESOLUTION EXEMPT FROM CEQA.doc 4 Page199

EXHIBIT F
0811

//RWG
SAW
July 8, 2022
VIA ELECTRONIC MAIL & U. S. MAIL
Norman Solomon
Zip Third Investments, LLC
3055 Wilshire Boulevard, No. 1010
Los Angeles, California 90010
norm @ metro -reso u rce s.co m
Jennifer Petrusis
T 213,626.8484
F 213.626.0078
E [email protected]
350 South Grand Avenue
37th Floor
Los Angeles, CA 90071
rwglaw.com
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 Mr. Solomon:

I am writing to follow up on our telephone conversation on Friday, July 1, 2022, during which we discussed the City of Temecula Planning Director's recommendation that the Conditional Use Permit for the property located at 28645 Old Town Front Street be revoked. You provided me with your e-mail address and your preferred mail address, and I emailed you a copy of the Notification letter from the Planning Director on Tuesday, July 5, 2022. Since I have not received a response to my e-mails, including those regarding proposed hearing dates, I am sending the Notification letter to you by mail to make sure you receive it well before the hearing date. As I mentioned in my e-mails, the City and its witnesses are available August 30- September 2, 2022. Mr. Puma has confirmed that he is also available during that time period. have not received confirmation one way or the other from Amanda Moore.

During our conversation on July 1, 2022, you also asked if the City would consider delaying the revocation matter. The City declines your request and it will be proceeding with the revocation matter. Please feel free to contact me if you have any questions.

Very truly yours,
J n iferetrusis
Enclosure(s)
11086-0773\2689"5v1.doc
San Francisco Orange County Temecula Cevjbcja�

CC . KmU W
City of Temecula
J -
Community Development
41000 Main Street • Temecula, CA 92590
Phone (951] 694-6400 • Fax 1951) 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 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 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:
0813

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 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)
o 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)

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)
a 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 6, 2021 $1,000 Civil Penalty (Paid)
® August 7, 2021 $1,000 Civil Penalty (Paid)
August 8, 2021 $1,000 Civil Penalty (Paid)

CNC Puma Corporation, Mr. Puma and Ms. Moore
May 19, 2022

August 13, 2021 $1,000 Civil Penalty (Paid)
n August 14, 2021 $1,000 Civil Penalty (Paid)
August 20, 2021 $1,000 Civil Penalty (Paid)
a 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 Civil Penalty (Paid)
1: .

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)
o 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)

CNC Puma Corporation, Mr. Puma and Ms. Moore
May 19, 2022

0 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)

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)
s 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 PA 12-0041. 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.

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.

Regal , ,
c 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
Maureen Licata, 1562 Despard Avenue, Victoria, British Columbia, Canada V8S 1T3 Randi Johl, City Clerk
1: 1

01 City of Temecula_.
community Development
41000 Main Street • Temecula, CA 92590
Mailing Address: P.O. Box 9033 o Temecula. CA 92569-9033 Phone 1951) 694.6400 - Fax 19511 694-6477 , www.cltyoftemecula.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 filed.

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 stuari.frsk cit oftemecla.or .

Sincerely,-
Xuartk, AICP
Senior Planner
Enclosures: Conditions of Approval
Is Phnua on aecrMVIgNNING120121PA12-0041 Bank of Mexican Food MOMPlanninglAPPROVAL LTR.doc

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 Legal Counsel of the City's own selection from any and all claims, actions, awards, jridgments, 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 shag 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 Clty's Development Code.

GAP NING120121PA12-0041 Bank of Mexican Food MOD1PIanningTINAL CAA-CUP.doc 1 0822

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 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 became null and vold. 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 perrnittee 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 oremployer 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 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 Do 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 smile of alcohol shall crass at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall curse no later than one hour after closing. (As amended at Directors Hearing on 1/31.08).

GAPLANNINCi1Y0121PA12.0041 Bank of Mexican Food MODWIenningTINAL COA-CUP.doc 2 1t_1-**j

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 priorto 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 andfor 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 at 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 shalt 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.

Iw 19.

Prior to Issuance of building permit, any changes affecting the fire,alarm system shall require a permitforthe 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 Ore 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 CAys franchisee may haul construction debris.

21. The Applicant shall comply with the Public Art Ordinance. Details of the ordinance can be located on the Citys website at www.cityaftemecula.org; under Chapter 5.08 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.

G- PLANNINOW21PA12-0041 Bank of Mexican Food M0D%PIannrng1FINAL COA-CUP.doo 3

0 0

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 ;lours 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 cane
G. A valid military Identlfication card (active/reserve/retired/dependent) d. A valid drivers license from any of the fifty States or Terdtories 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 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.

GAPLANNING120129Al2.004.1 Bank of Mexlaan Food M0D13Ianning\FINAL COA-CUP doo 4

L-1

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 S&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 OfficerslRefusing Inspection: Police officers, sheriff's deputies and ABC investigators are sworn taw 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,

25.753, and 25755 S&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 (art 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 -gale licensees who offerentertalnment 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.) 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.

GAPLANNING120121PA12-0041 Bank or McAcan Food MOD"anningWINAL COA-CUP.doc 5

0 C#y of TemeculaA4a*
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. PAOl3-0236, 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 — 17,04.010A

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 with the Development Code and Old Town Specific WPLANNINGi20081PA08.0236 Bank of Mexico Mlnor MODIPIanningWPROVAL LETTER ADMINISTRATIVE.doc 111**A

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 kra6e.1ur.o)1r9 e dc:i_ hyliecula.cxg,
Sincerely,
Katie Innes
Assistant Planner
KI/ks
Enclosures: Final Conditions of Approval
Acceptance of Conditions of Approval
Angela Reveles (approval letter and Final Conditions of Approval) Department of Alcoholic Beverage Control
3737 Main Street, Suite 900
Riverside, CA 92501
WPLANNING00081PA08.0236 Bank of Mexico Minor MOD113Ianning\APPROVAL LETTER ADMINISTRATIVE.doc •

LA

EXHIBIT A

FINIAL CONDITIONS OF APPROVAL
(00
SCANNED:

G DROVE:

PERMITS PLUS:

INIMALS
PLANNER:

11 1-1
i, Craig Puma understand that Planing Application No. PA08-0236 leas been approved with Conditions of Approval which are set forth in Exhibit A, I have read,the Conditions of Approval and understand them. Through signing this ACCEPTANCE OF CONDITIONS DF 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 TORE
DA TE

Sala

EXHIBIT A

CITY OF TEMECULA

FINAL CONDOTIONS OF APPROVAL
Planning Applicadoh No.: PA08-0236
Project Description: 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 previsouly approved Type-47 ABC license for The Bank of Mexican Food, located at 28645 Old Town Front Street.

Assessor's Parcel No.: 922-036-011
MSHCP Category:

NIA
DIF Category:

N/A
TUAIF Category:

N/A
Approval Date:

October 9, 2008
Eupiratibn Date:

October 9, 2010

PLANNING DEPARTMENT
Within 48 Hours 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 enabte 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)).

PL-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.

General Requirements
PL-3, The applicant and owner of the real properly 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 0831

0 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.

PLA 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 1 7.03.080 of theCity's Development Code
PL-6 The City, and its Planning Director, Planning Commission, and City Council retain and reserve tfle 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 expansions, 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 orottier 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 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
PL=9 This approval shall be used within two years of the approval date; .otherwise it shall bt,come null Lind 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-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, epply for up to 3 one-year extensions of time Each extension of time shall be granted in one-year increments 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 Alcohol and Drugs (L E A.D.), or received training from.an.y other prograin certified by 1 0832

the California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 1f3/D8)
PL-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 compiiation 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 maybe permitted to stay open until 2:QC'. a.m When this occurs, alcoholicbeverages may be served until 2:00 a.m. as consistent with the provisions of California State Law.

Lm1 5 "Last call' for alcohol service shall occur at 1:30 a m, as consistent with California State Law.

PL-16. A separate building permit shall be obtained prior to the commencement of construction,,tenant improvement or other interior or exterior improvements requiring building permits
flL,,1 t All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit
I L-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, 0833

0 EXHIBIT A
11 FINAL CONDITIONS OF APPROVAL
SCANNED:

G DRIVE:

PERMITS PLUS:

INITIALS:

PLANNER:

G-%Planning120071PA07-0314 The Bank Upgrade to Type 47 Minor CURPIenninglFINAL COA-CUP.doc 1

E
11 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. 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.

SIGNA T E DATE
GAPIanning\20071PA07.0314 The Bank Upgrade to Type 47 Minor CUP%PIanning\FINAL COA•CUP.dor 2 0835

0 0
C1* of Teme cula
Planning Department
43200 Busiues,s Park Drive • Temecula, CA 92590 • Mailing Address: P.O. Box 9033 s 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 No. PA07-031+4, a Minor Conditional Use Permit to upgrade an existing Type41 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) 694-5400 or by email at k�3tse-I�rnmtla r`�iclt o(lrilac�c�tla Grg.

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 Department (stamped plans) G:1Planning120071PA07-0314 The Bank Upgrade to Type 47 Minor CUPIPlanningWPROVAL LTR doc

0 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 Type47 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
The spplicantldeveloper 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 adminisiraiive 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 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)j.

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.

GAPIenning120071PA07.0314 The Bank Upgrade to Type 47 Minor CUP1PianningVINAL COXCUP.doc 3 0837

9 GENERAL REQUIREMENTS
C1
GVlanningQ007%PA07-Oa14 The Bank Upgrade to Type 47 Minor CURPIenningWINAL COA•CUP.doc 4 •

Planning Department
The applicant and owner of the real property subject to this condition shah 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.

4. The applicant shall compiy 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.

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 Comm tssIon, 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.

The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit,

8. The perrnittee shall submit a minor modification application to be approved for any exterior changes made to the building, including any fencing or gates that maybe constructed In the future.

This approval shall be used within two years of the approval date, otherwise, It shall become null and vold. 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.

G:Ip1ann1ng120onJ3A07.0914 The Bank Upgrade to Type 47 Minor CUNPIanningWINAI COA•CUP.doc 5

0 9

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 1/3108).

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 later than one hour after closing. (As amended at Directors Hearing on 1/3108).

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 andlor 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 roust be submitted by the installing contractor to the Fire Prevention Bureau. If any cooking appliances have been added and G %PlannonM2007\PA07-0314 The Hank Upgrade to Type 47 Minor CUPIPlanning\FINAL COA•CUP.dor 6

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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 webslte at www.cityottemecula.org: under Chapter 5.08 of the Municipal Code.

23. Prior to issuance of building permits, the developer shall provide TCSD veriflcetion 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 bear 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 meats, 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 Code):
a, Name of person
b. Date of birth
C. Physical description
d. Photograph
e. Currently valid (not expired)
GAP1ann1ng1200rPA07-1D314 The Bank Upgrade to Type 47 Minor CUMPlanninglFINAL COA-CUP doc 7 Ctisr"ii

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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 dale. 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 palmns 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 OfficerslRefusing Inspection: Police officers, sheriff's 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 withtn the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the promises. 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, gref#iti, ate., andlor (b) has many ongoing crlmes 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, bullocks. 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 Iicensed premises who exposes to public view any portion of hls 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.) GAP1enn1ngl20071PA07-0314 The 6enk Upgrade to Type 47 Minor cUPlPlanninglFINAI COA-CUP.doc

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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 5lorefront conference room. Final recommendations to ABC Riverside will be forwarded under separate cover.

O:1PInmIng12007%PA07.0314 The Bank Upgrade b Type 47 Minor CURPIenOMFINAL COA-CUP.doe 9 I•.

0 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
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 Slate 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 Cade 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 Meer and wine — eating place) to a Type 47license (on -sale general — eating place) for an G 1Planning\2007\PA07-03 14 The Bank Upgrade to Type 47 Minor CUP\PlanuiuglDH RESOLUTION EXEMPT FROM CEQA doc

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.

G:kP1anning120011PA07-0314 The Bank Upgrade to Type 47 Minor CUP%PIanning\DH RESOLUTION EXEMPT FROM CEQA.doc 2

0 0
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 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 solo of alcoholic products at the project site.

Section 3. Environmental Finding. 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. /t 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.
0APIanning\2007\PA07-0314 The Bank Upgrade to Type 47 Minor CUP\P1anning%DH RESOLUTION EXEMPT FROM CEQA doc I
II •

11 E
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
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 3'd day of January 2008.
---
C;\Plinn ing\2007\PA07-0314 The Bank Upgrade 10 Type 47 Minor CUP\PlanninglDH RESOLUTION EXEMPT FROM CEQA.doc 4 F • i

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28 PROOF OF SERVICE
In Re The Bank
OAH Case No. 2022051021
I, Mary Greer, declare:

I am a resident of the State of California and over the age of eighteen years and not a party to the within action. My business address is 350 South Grand Avenue, 37th Floor, Los Angeles, California 90071. On July 29, 2022, I served the within document(s) described as:

DECLARATION OF JENNIFER PETRUSIS IN SUPPORT OF OPPOSITION TO

ZIP THIRD'S REQUEST TO DISMISS OR DELAY HEARING AND EXHIBITS HERETO on the interested parties in this action as stated on the attached mailing list.

N] (BY MAIL) By placing a true copy of the foregoing document(s) in a sealed envelope addressed as set forth on the attached mailing list. I placed each such envelope for collection and mailing following ordinary business practices. I am readily familiar with this Firm's practice for collection and processing of correspondence for mailing. Under that practice, the correspondence would be deposited with the United States Postal Service on that same day, with postage thereon fully prepaid at Los Angeles, California, in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit.
0 (BY ELECTRONIC SERVICE) By submitting an electronic version of the document(s) to OAH through their user interface.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on July 29, 2022, at Los Angeles, California.
11086-077312698255v1.doc
�Mary Greer
-1-

PROOF OF SERVICE
0848

1 SERVICE LIST
2 Via US Mail
Via US Mail and E-Service
Brand Landon
Craig Puma
3 CNC Puma Corporation
28645 Old Town Front Street
27555 Ynez Road, Suite 110
Temecula, CA 92590
4 Temecula, CA 92591
cl2uinavi r� mail.coni
5 Via US Mail and E-Service
Via US Mail and E-Service
6 Amanda Moore
Elizabeth L. Martyn
The Bank

COLE HUBER LLP
7 28645 Old Town Front Street
2855 E. Guasti Road, Suite 402
Temecula, CA 92590
Ontario, CA 91761
8 liiy5kldsiiiallia(dkaiiiaii-co111
iiiartyniaw2000&o -coo
9 10
11 12
13 14
15 16
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19 20
21 22
23 24
25 26
27 28
-2-

PROOF OF SERVICE
0849
11086-077312698255v1.doc

Exhibit 4

Case 6:20-bk-17551-WJ Doc 138 Filed 08/16/22 Entered 08/16/22 16:49:32 Desc Main Document Page 1 of 13
Attorney or Party Name, Address, Telephone & FAX

FOR COURT USE ONLY
Nos., State Bar No. & Email Address
Lazaro E. Fernandez, Esq. (#134430)
Law Office of Lazaro E. Fernandez, Inc.
3600 Lime Street, Suite 326
Riverside, CA 92501
T: (951) 684-4474
F: (951) 684-4625
Email: [email protected]
❑ Individual appearing without attorney
® Attorney for. -Zip Third Investments, LLC

UNITED STATES BANKRUPTCY COURT

CENTRAL DISTRICT OF CALIFORNIA - RIVERSIDE DIVISION
In re:

CASE NO.: 6:20-bk-17551-WJ

CNC PUMA CORPORATION,
CHAPTER: 11
a.k.a. THE BANK PLATES & POURS,
a.k.a. THE BANK OF MEXICAN FOOD

NOTICE OF MOTION AND MOTION FOR

RELIEF FROM THE AUTOMATIC STAY

OR FOR ORDER CONFIRMING THAT THE

AUTOMATIC STAY DOES NOT APPLY
UNDER 11 U.S.C. § 362(I)
(with supporting declarations)
(UNLAWFUL DETAINER)
DATE:

TIME:

Debtor(s).

COURTROOM:304
Movant: Zip Third INvestments, LLC

1. Hearing Location:
❑ 255 East Temple Street, Los Angeles, CA 90012
❑ 21041 Burbank Boulevard, Woodland Hills, CA 91367
® 3420 Twelfth Street, Riverside, CA 92501
❑ 411 West Fourth Street, Santa Ana, CA 92701
❑ 1415 State Street, Santa Barbara, CA 93101

2. Notice is given to the Debtor and trustee (if any)(Responding Parties), their attorneys (if any), and other interested parties that on the date and time and in the courtroom stated above, Movant will request that this court enter an order granting relief from the automatic stay as to Debtor and Debtor's bankruptcy estate on the grounds set forth in the attached Motion.

3. To file a response to the motion, you may obtain an approved court format www.cacb.uscourts.gov/forms for use in preparing your response (optional LBR form F 4001-1.RFS.RESPONSE), or you may prepare your response using the format required by LBR 9004-1 and the Court Manual.

This form is mandatory. It has been approved for use in MiW.,5tates Bankruptcy Court for the Central District of California. ol
June 2014 Page 1 F 4001-1.RFS.UD.MOTION

Case 6:20-bk-17551-WJ Doc 138 Filed 08/16/22 Entered 08/16/22 16:49:32 Desc Main Document Page 2 of 13

4. When serving a response to the motion, serve a copy of it upon the Movant's attorney (or upon Movant, if the motion was filed by an unrepresented individual) at the address set forth above.

5. If you fail to timely file and serve a written response to the motion, or fail to appear at the hearing, the court may deem such failure as consent to granting of the motion.

6. ❑ This motion is being heard on REGULAR NOTICE pursuant to LBR 9013-1(d). If you wish to oppose this motion, you must file and serve a written response to this motion no later than 14 days before the hearing and appear at the hearing.

7. ❑ This motion is being heard on SHORTENED NOTICE pursuant to LBR 9075-1(b). If you wish to oppose this motion, you must file and serve a response no later than (date) and (time) ; and, you may appear at the hearing.
a. ❑ An application for order setting hearing on shortened notice was not required (according to the calendaring procedures of the assigned judge).
b. ® An application for order setting hearing on shortened notice was filed and was granted by the court and such motion and order have been or are being served upon the Debtor and upon the trustee (if any). c. ❑ An application for order setting hearing on shortened notice was filed and remains pending. After the court rules on that application, you will be served with another notice or an order that specifies the date, time and place of the hearing on the attached motion and the deadline for filing and serving a written opposition to the motion.

Date: 08/16/2022
Law Office of Lazaro E. Fernandez, Inc.

Printed name of law firm (if applicable)
Lazaro E. Fernandez
Printed name of individual Movant or attorney for Movant Signature of in i 'dual Mo t ar attorn y for Mov t
This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California.

June 2014 F- if . F 4001-1.RFS.UD.MOTION
-�..n... _.. ,. �...... Page.241 ...

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MOTION FOR RELIEF FROM THE AUTOMATIC STAY OR FOR ORDER

CONFIRMING THAT THE AUTOMATIC STAY DOES NOT APPLY
(Unlawful Detainer)

1. Movant is the:
a. 0 Owner of the Property
b. ❑ Authorized Agent of the owner of the Property
c. ❑ Other (specify):

2. The Property at Issue (Property):

Type of Property: ❑ Residential ® Nonresidential
Street Address: 28645 Old Town Front Street
Unit/Suite Number.

City, State, Zip Code: Temecula, CA 92590-2703

3. Bankruptcy Case History:
a. ® A voluntary ❑ An involuntary petition under chapter ❑ 7 ® 11 ❑ 12 ❑ 13 was filed on (date): 11/19/2020
b. ❑ An order to convert this case to chapter ❑ 7 ❑ 11 ❑ 12 ❑ 13 was entered on (date):
c. ❑ A plan was confirmed on (date):

4. Pursuant to 11.U.S.C. § 362(b)(22) and (23) there is no stay because (check all that apply):
a. ❑ Movant commenced an eviction, unlawful detainer action or similar proceeding against the Debtor involving residential property in which the Debtor resides and:
(1) ❑ The Debtor has not filed and served on Movant the certification required under 11 U.S.C. § 362(I)(1). (2) ❑ The Debtor or adult dependent of the Debtor has not deposited with the clerk any rent that would become due during the 30-day period after the filing of the petition. (3) ❑ The Debtor or adult dependent of the Debtor has not filed and served on Movant the further certification required under 11 U.S.C. § 362(I)(2) that the entire monetary default that gave rise to the judgment has been cured.
(4) ❑ Movant filed and served an objection to the Debtor's certification. A copy of the objection is attached as Exhibit . A hearing on this objection is set for (date)

5. Grounds for Relief from Stay: (check all that apply) a. ❑ Pursuant to 11 U.S.C. § 362(d)(1), cause exists because, as of the bankruptcy petition date, the Debtor had no right to continued occupancy of the premises, as follows:
(1) ❑ Movant caused a notice to quit to be served on the Debtor. (2) ❑ An unlawful detainer proceeding was commenced on (date) (3) ❑ An unlawful detainer judgment was entered on (date) This form is mandatory. It has been approved for use in tlggd,States Bankruptcy Court for the Central District of California.

June 2014 Page 3 F 4001-1.RFS.UD.MOTION

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(4) ❑ Movant acquired title to the Property by foreclosure sale before the bankruptcy petition was filed and recorded the deed within the period provided by state law for perfection. (5) ❑ Movant acquired title to the Property by foreclosure sale after the bankruptcy petition was filed and recorded the deed within the period provided by state law for perfection. b. ® Pursuant to 11 U.S.C. § 362(d)(1) the Debtor's right to possession should be terminated because (check all that apply):
(1) ❑ The lease or other right of occupancy expired by its terms on (date) (2) ❑ The lease has matured, been rejected or deemed rejected by operation of law on (date) (3) ❑ Lease payments have not been made after the filing of the bankruptcy petition. (4) ❑ An unlawful detainer action was filed to obtain ,possession of the Property on grounds of endangerment of the Property or because of illegal use of controlled substances on the Property and Movant filed and served upon the Debtor a certification that ❑ such an action was filed or ❑ that within the 30 days preceding the certification, the Debtor has endangered the subject Property or illegally allowed the use of controlled substances on the Property. A copy of Movant's certification is attached as Exhibit . The Debtor ❑ has ❑ has not filed an objection to Movant's certification.

A copy of the Debtor's objection, if any, is attached as Exhibit A hearing on this objection is set for (date)
(5) ❑ The bankruptcy case was filed in bad faith:
(A) ❑ Movant is the only creditor or one of few creditors listed in the Debtor's case commencement documents.
(B) ❑ Other bankruptcy cases have been filed in which an interest in the Property was asserted. (C) ❑ The Debtor filed only a few case commencement documents. No schedules or statement of financial affairs (or chapter 13 plan, if appropriate) has been filed. (D) ❑ There was a recent transfer of all or part ownership of, or other interest in the Property without the consent of the Movant or court approval.
c. ❑ Pursuant to 11 U.S.C. § 362(d)(2)(A), the Debtor has no equity in the Property; and pursuant to 11 U.S.C. § 362(d)(2)(B), the Property is not necessary to an effective reorganization.

6. Grounds for Annulment of the Stay. Movant took postpetition actions against the Property or the Debtor:
a. ❑ These actions were taken before Movant knew the bankruptcy petition was filed, and Movant would have been entitled to relief from stay to proceed with these actions. b. ❑ Movant knew the bankruptcy case had been filed, but Movant previously obtained relief from stay to proceed with these enforcement actions in prior bankruptcy cases affecting the Property as set forth in Exhibit c. ❑ Other:

This form is mandatory It has been approved for use in ylgestates Bankruptcy Court for the Central District of California.

June 2014 Page 4 F 4001-1.1RFS.UD.MOTION

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7. Evidence in Support of Motion: (Important Note: Declaration(s) in support of the Motion MUST be signed under penalty of perjury and attached to this motion.)
a. The UNLAWFUL DETAINER DECLARATION on page 7.
b. ® Supplemental declaration(s).
c. ❑ Other (specify):

Movant requests the following relief.

1. Relief from stay pursuant to: ❑X 11 U.S.C. § 362(d)(1) ❑ 11 U.S.C. § 362(d)(2)

2. ® Movant (and any successors or assigns) may proceed under applicable nonbankruptcy law to enforce its remedies to obtain possession of the Property.

3. ❑ Confirmation that there is no stay in effect.

4. ❑ The stay is annulled retroactive to the bankruptcy petition date. Any postpetition acts taken by Movant to enforce its remedies regarding the Property shall not constitute a violation of the stay.

5. ❑ The co -debtor stay of 11 U.S.C. § 1201(a) or § 1301(a) is terminated, modified or annulled as to the co -debtor, on the same terms and conditions as to the Debtor.

6. ® The 14-day stay prescribed by FRBP 4001(a)(3) is waived.

7. ❑ A designated law enforcement officer may evict the Debtor and any other occupant from the Property regardless of any future bankruptcy filing concerning the Property for a period of 180 days from the hearing of this motion:
❑ without further notice.
❑ upon recording of a copy of the order or giving appropriate notice of its entry in compliance with applicable nonbankruptcy law.

8. ❑ Relief from stay is granted under 11 U.S.C. § 362(d)(4), if the order granting this motion is recorded in compliance with state laws governing notices of interest or liens in real property, the order is binding in any other case under this title purporting to affect the Property filed not later than two years after the date of entry of such order, except that a debtor in a subsequent case under this title may move for relief from the order based upon changed circumstances or for good cause shown, after notice and a hearing.

9. ❑ The order is binding and effective in any bankruptcy case commenced by or against any debtor who claims any interest in the Property for a period of 180 days from the hearing of this Motion:
❑ without further notice.
❑ upon recording of a copy of this order or giving appropriate notice of its entry in compliance with applicable nonbankruptcy law.

10. ❑ The order is binding in any other bankruptcy case purporting to affect the Property filed not later than 2 years after the date of entry of such order, except that a debtor in a subsequent case may move for relief from the order based upon changed circumstances or for good cause shown, after notice and hearing.

11. ❑ The order is binding and effective in any bankruptcy case commenced by or against the Debtor for a period of 180 days, so that no further automatic stay shall arise in that case as to the Property.

This form is mandatory. It has been approved for use in togillilrdli@tates Bankruptcy Court for the Central District of California.

UU
June 2014 Page 5 F 4001-1.111FS.UD.MOTION

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12. ❑ If relief from stay is not granted with respect to the Property because the Property is the subject of a lease that may be assumable;
a. ❑ Establishment of a deadline for assumption or rejection of the lease. b. ❑ Adequate protection in the form of regular payments at the lease rate from petition date until assumption or rejection of the lease.

13. ® Other relief requested.

Date: 08/16/2022
Law Office of Lazaro E. Fernandez, INc.

Print name of law firm (if applicable)
Lazaro E. Fernandez
Print name of individual Movant or attorney for Movant (if applicable)
Signature of indi ua[ Movant kr attorneyfor Movant
This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California. ,tune 2014 W.36 F 4001-1.RFS.UD.MOTION

Case 6:20-bk-17551-WJ Doc 138 Filed 08/16/22 Entered 08/16/22 16:49:32 Desc Main Document Page 7 of 13

UNLAWFUL DETAINER DECLARATION
I, (name of declarant) Norman Solomon
declare as follows:
1, 1 have personal knowledge of the matters set forth in this declaration and, if called upon to testify, I could and would competently testify thereto. I am over 18 years of age. I have knowledge regarding Movant's interest in the Property because (specify):
a. ❑ I am the Movant and owner of the Property.
b. ❑ I manage the Property as the authorized agent for the Movant. c. ® I am employed by Movant as (title and capacity):

Managing member of movant
d. ❑ Other (specify):

2. a. ® I am one of the custodians of the books, records and files of Movant as to those books, records and files that pertain to the rental of this Property. I have personally worked on books, records and files, and as to the following facts, I know them to be true of my own knowledge or I have gained knowledge of them from the business records of Movant on behalf of Movant, which were made at or about the time of the events recorded, and which are maintained in the ordinary course of Movant's business at or near the time of the acts, conditions or events to which they relate. Any such document was prepared in the ordinary course of business of Movant by a person who had personal knowledge of the event being recorded and had or has a business duty to record accurately such event. The business records are available for inspection and copies can be submitted to the court if required.
b. ❑ Other (see attached)

3. The Property is:
❑ Residential ® Nonresidential
Street Address: 28645 Old Town Front Street
Unit/Suite Number.

City, State, Zip Code: Temecula, CA 92590-2703

4. Movant is the ® legal owner of the Property, or ❑ the owner's legally authorized agent. A true and correct copy of the trustee's deed upon sale, lease, rental agreement, or other document evidencing Movant's interest in the Property is attached as Exhibit 1 . A true and correct copy of the applicable document establishing Movant's authority as agent for the owner is attached as Exhibit

5. The Debtor asserts a possessory interest in the Property based upon:
(1) ® a month -to -month tenancy
(2) ® a lease that is in default
(3) ❑ after a foreclosure sale that was held on (date):
(4) ❑ other (specify):

6. The Debtor failed to pay:
a. ❑ The monthly rent of $ beginning on (date):

This form is mandatory. It has been approved for use in 8tates Bankruptcy Court for the Central District of California.

June 2014 Page 7 F 4001-1.RFS.UD.MOTION

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b. ® Other obligations including:
(1) ❑ Common area maintenance charges
(2) ❑ Property taxes
(3) ® Other obligations (specify):

Failure to advise movant of dozens of violations of City of temecula rules and regulations regarding hours of operations, noise levels, etc. See accompanying declaration of Norman Solomon.

7. Procedural status
a. ❑ The lease matured or was rejected on (date)
(1) ❑ by operation of law.
(2) ❑ by order of the court.
b. ❑ Movant caused a notice to quit to be served upon the Debtor on (date) and a true and correct copy is attached as Exhibit
c. ❑ Before the bankruptcy petition was filed:
(1) ❑ Movant filed a complaint for unlawful detainer against the Debtor on (date) and correct copy is attached as Exhibit
(2) ❑ Trial was held on (date)
(3) ❑ Trial was continued to (date)
. and a true
(4) ❑ An unlawful detainer judgment against the Debtor was entered on the complaint for unlawful detainer on (date) and a true and correct copy is attached as Exhibit (5) ❑ A writ of possession for the Property was issued on (date) and a true and correct copy is attached as Exhibit
d. After the bankruptcy petition was filed:
(1) ❑ The Debtor has not filed and served on the Movant the certification required under 11 U.S.C. § 362(I)(1). (2) ❑ The Debtor or adult dependent of the Debtor has not deposited with the clerk any rent that would become due during the 30-day period after the filing of the bankruptcy petition. (3) ❑ The Debtor or adult dependent of the Debtor has not filed and served on the Movant the further certification required under 11 U.S.C. § 362(I)(2) that the entire monetary default that gave rise to the judgment has been cured.
(4) ❑ The Debtor filed and served on the Movant the certification required under 11 U.S.C. § 362(d)(1). (A) ❑ Movant filed and served an objection a copy of which is attached as Exhibit A hearing on this objection is set for (date)
(B) ❑ Movant has not filed and served an objection.

This form is mandatory. It has been approved for use in toaft &ates Bankruptcy Court for the Central District of California.

June 2014 Page 8 F 4001-1.11IFS.UD.MOTION

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(5) ❑ An unlawful detainer action was filed to obtain possession of the Property on grounds of endangerment of the Property or because of illegal use of controlled substances on the Property and Movant has filed a certification that ❑ such action was filed or ❑ that the Debtor has endangered the Property within 30 days preceding the certification or allowed the illegal use of controlled substances on the Property.

A copy of Movant's certification is attached hereto as Exhibit . The Debtor ❑ has ❑ has not filed an objection to Movant's certification. A copy of the Debtor's objection, if filed, is attached as Exhibit — A hearing on this objection is set for:
(6) ❑ Regular lease payments have not been made after the bankruptcy petition was filed.

8. ❑ The Debtor does not have an interest in the Property that could be assumed or assigned under 11 U.S.C. § 365.

9. ❑ The Property is not necessary to an effective reorganization because it is:
a. ❑ Residential, and is not producing income for the Debtor. b. ❑ Commercial, but no reorganization is reasonably in prospect. c. ❑ No longer property of the estate.
d. ❑ Other (specify):

10. ❑ The bankruptcy case was filed in bad faith:
a. ❑ Movant is the only creditor or one of few creditors listed in the Debtor's case commencement documents. b. ❑ Other bankruptcy cases have been filed in which an interest in the Property was asserted. c. ❑ The Debtor filed only a few case commencement documents. Schedules and a statement of financial affairs (or chapter 13 plan, if appropriate) have not been filed. d. ❑ Other (specify):

11. ❑ The filing of the bankruptcy petition was part of a scheme to delay, hinder or defraud creditors that involved:
a. ❑ The transfer of all or part ownership of, or other interest in, the Property without the consent of Movant or court approval. See attached continuation page of facts establishing the scheme. b. ❑ Multiple bankruptcy cases affecting the Property include:
(1) Case name:

Chapter: Case number:

Date filed: Date discharged:

Relief from stay regarding the Property ❑ was ❑ was not (2) Case name:

Chapter: Case number:

Date filed: Date discharged:

Relief from stay regarding the Property ❑ was ❑ was not Date dismissed:
granted.

Date dismissed:
granted.

This form is mandatory. It has been approved for use in r':q'_'na-d States Bankruptcy Court for the Central District of California. .tune 2014 Page 9 F 4001-1.RFS.UD.MOTION

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(3) Case name:

Chapter: Case number.

Date filed: Date discharged: Date dismissed:

Relief from stay regarding the Property ❑ was ❑ was not granted. 2 See attached continuation page for information about other bankruptcy cases affecting the Property.

Cr, See attached continuation page for additional facts establishing that the multiple bankruptcy cases were part of a scheme to delay, hinder, or defraud creditors.

12. L Enforcement actions taken after the bankruptcy petition was filed are specified in the attached supplemental dedaration(s).
a. jJ These actions were taken before Movant knew the bankruptcy petition was filed, and Movant would have been entitled tie relief from stay t'd proceed with these actions. -- -- — — -- — - - b_ ❑ Movant knew the bankruptcy case had been filed, but Movant previously obtained relief from stay to proceed with these enforcement actions in prior bankruptcy cases affecting the Property as set forth in Exhibit c. E i For other facts justifying annulment, see attached continuation page.

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. 08/16/2022
Dale
Norman Solomon
Printed Name
Signature
This fmm rs mm&wy It Ads been approved for use In the Unned Slates Banbl*tryr Coult for Die Central Dlsficl of CaYfomie June 2014 Page 10 F 4001.1.11MUD.MOTION

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28 DECLARATION OF NORMAN SOLOMON
I, NORMAN SOLOMON, HEREBY DECLARE THAT:

1. I am the manager of Zip Third Investments, LLC ("Zip"), the owner of the real property commonly known as 28645 Old Town Front Street, Temecula, California 92590.

Zip is also the landlord of CNC Puma Corporation ("debtor"), the debtor in the above -captioned Chapter 11 case. "Zip is the movant in this matter.

2. The matters stated herein are based upon my personal knowledge, except as to those matters stated on information and belief, and as to such matters, I am informed and believe that they are true and correct. If called as a witness, I could and would testify to the matters stated herein.

3. Zip is the landlord, and debtor is the tenant at the premises located at 28645 Old "Town Front Street, Temecula, California 92590, pursuant to a Standard/Commercial Single - "Tenant Lease —Net ("lease") dated February 18, 2018. The lease term is seven (7) years. The debtor operates a Mexican restaurant and bar. A true and correct copy of the lease is attached hereto as Exhibit "1" and incorporated herein by reference.

4. Although the debtor is post -petition current on its monetary obligations under its lease with Zip, it is in violation of non -monetary lease obligations under the lease. Attached as Exhibit "T' and incorporated herein by reference is a summary of the various lease provisions of which Zip asserts the debtor is in breach. The lease provisions of which Zip asserts the debtor is in violation arc hi -lighted in yellow in Exhibit "1." They include these obligations:
"67. Lessee agrees and warrants that Lessee will fully comply with all city and governmental requirernents and regulations related to and/or affecting the Building and Property."
"6.3 Lessee's Compliance with Applicable Requirements. Except as otherwise provided in this Lease, Lessee shall, at Lessee's sole expense, fully. diligently and in a timely manner, materially comply with all Applicable Requirements ... shall immediately SoBtemecu1a121dcc1_NS.p4
DEC K't=NORMAN SOLOMON,

Ca s 6:20-bk-17551-WJ Doc 138 Filed 08/16/22 Entered 08/16/22 16:49:32 Desc Main Document Page 12 of 13
1 upon receipt, notifi' Lessor in nTiting (with copies of any 2 documents involved) of any threatened or actual claim, notice, citation. warning, complaint or report pertaining to or involving the 3 failure of f.essee or the Premises to comply with any Applicable Requirements..."
4 5 I spoke to the tenant's manager, Amanda Lane -Moore, several times in July, 2022. She 6 apologized for breaching this provision of the lease, saying she had not read the lease. 7 5. The breaches have been continuous. 1 learned of them by a phone call from a 8 9 lawyer for the City on July 1, 2022. Collectively attached hereto as Exhibit "Y and incorporated 10 herein by reference, are one hundred ten (110) pages of citations and tickets the City of Temecula 11 has issued. They include multiple violations of City of Temecula regulations regarding hours of 12 operation, noise levels, mahitenance of a "disorderly house," and the like. The City contends that 13 as a result of these violations there have been multiple violations of criminal law, including a 14 shootingthat left one person dead and two other persons hospitalized and serious) p p p� y injured. Each
15 of these violations carries monetary sanctions which are set forth on each citation/ticket. As can 16 17 be seen from Exhibit "Y. these violations have been cited on average twice a week since March, 18 2021. Attached as Exhibit "4" and incorporated herein by reference, is a chart sununarizing the 19 many violations identified in Exhibit "3." In July, Ms. Lane -Moore told me that the debtor had 20 paid approximately $45,000 of these violations but owed approximately $60,000 and had 21 appealed none.
22 6. Ms. Lane -Moore informed me by phone in July, 2022 that the citations continue, 23 24 two a week, because City of Temecula code enforcement personnel appear at the restaurant twice 25 each weekend and cite it. I requested that she comply with the Conditional Use Permit. She said 26 the business could not operate successfully and would die after at most 30 days if it complied 27 because it made most of its money after the permitted hours and she believed the hours on the 28 permit reflected typographical errors.

Sol ucmecula22'!dcc1_\S.p4 - 2 -

DEC OF NOR -MAN SOLOMON

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28 7. The City of Temecula has now instituted proceedings, presumably under its police and regulatory powers, to revoke the Conditional Use Permit by which the building is used for a restaurant and bar. Attached hereto as Exhibit " 5" and incorporated herein by reference is a true and correct copy of a letter dated July 8, 2022 from City of Temecula City Attorney Jennifer Petrusis advising of the City's decision to proceed with the revocation of the Conditional Use Permit, its rationale for same, and relevant exhibits. The hearing on the City's revocation of the Conditional Use Permit is set for August 30, 2022.

8. 1 believe that if the Conditional Use Permit is revoked, the debtor will have to shut down its business. 1 am unaware of a basis to operate without such permit. Additionally, Zip will suffer great monetary harm if it is unable to re -let the premises under the Conditional Use Permit.

The building is designed as a restaurant.

9. Zip seeks conversion of this case to Chapter 7, as it seeks to immediately stop the many and continual violations set forth above at paragraph 5. By forcing a cessation of the debtor's business operations by conversion to Chapter 7, Zip hopes to moot the City's attempted revocation of the Conditional Use Permit.
i declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct and that this declaration was executed in the City of California. On August 16, 2022
Norman Solomon
SohIcmocuIa22Wccl_Ns.p4 - 3 -
UFCLAhAI j0q 1 OF NORMAN SOI.OMON

Exhibit 5

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1 Omnq Pmk@d tf wwIlm* 8eowed an CLIP. CLIPAm;mtwd PxVkie Lowing Y15r.21121 1.11 Pm 2_ come. Q vc-. O� for CUP n:taw by LAAo Wabom Hewing 10 be TOM Colo 411&2M2 9:38 am S&Adukd Cbeed.
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Ex. C.76-001

Exhibit 6
C1i:i0-i:.

Rochelle M. Bolin
From: Elizabeth Martyn
Sent: Wednesday, August 24, 2022 3:56 PM
To: Rochelle M. Bolin
Subject: Fwd: The Bank - Jennifer's email re proofs of service.

This email originated from outside of Cole Huber LLP. Please do not click links or open attachments unless you recognize the sender and know the content is safe.
-----Original Message -----
From: Jennifer Petrusis
To: 'Elizabeth Martyn'
Cc: Peter M. Thorson
Sent: Mon, Aug 1, 2022 4:43 pm
Subject: RE: The Bank
Ms. Martyn:

Administrative citations are described in Municipal Code Chapter 1.21, and civil penalties are described in Chapter

1.24. The Municipal Code can be found here: Temecula, California Municipal Code (gcode.us) The City typically uses the civil penalty process after it has been unsuccessful in obtaining compliance through administrative citations.

There are no formal proofs of service for the administrative citations and civil penalty letters.

Best regards,
Jennifer Petrusis
Shareholder
II.RWG

RICHARDS WATSON GERSHON
350 South Grand Avenue, 37th Floor
Los Angeles, CA 90071
T : 213.626.8484
F : 213.626.0078
D : 213.253.0237
w: rwglaw.com
From: Elizabeth Martyn
Sent: Friday, July 29, 2022 8:48 AM
To: Peter M. Thorson ; Jennifer Petrusis
Subject: Re: The Bank
It now is our understanding from the tenant's bankruptcy counsel that Jennifer was notified of this (by phone) in October, 2021. We will send the relevant documents we have. 0867

In the meantime, although I know the PRA response is pending, could you send the proof of service of the Notices of Violation on Norman Solomon at his Wilshire address in Los Angeles, please? Are the Notices of Violation the same as administrative citations? Thank you. -----Original Message -----
From: Rochelle M. Bolin
To: '[email protected]' ; '[email protected]'
Cc: 'Elizabeth Martyn'
Sent: Fri, Jul 29, 2022 7:12 am
Subject: The Bank
Attached please find the Amended Plan from the tenant's Bankruptcy.

Rochelle Bolin
Legal Assistant
COLE HUBER 11,1
2855 E. Guasti Road, Suite 402
Ontario, CA 91761
(909) 230-4209 - Main phone
009) 230-4207 _Direct dial
(909) 937-2034 - Fax
Email: [email protected]
Website: http://colehuber.com
This email and any transmission with it may contain privileged or otherwise confidential inrbnnation. Ifyou are not the intended recipient, or believe that you have received this communication in error, please advise the sender via reply email and delete the email you received.

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NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient of this communication, or an employee or agent responsible for delivering this communication to the intended recipient, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you.

Exhibit 7
1:.0

8/24/22, 3:10 PM

17.04.010 conditional use permits.

Temecula, California Municipal Code
Title 17 ZONING
Chapter 17.04 PERMITS

17.04.010 Conditional use permits.

A. Purpose and Intent. A conditional use permit is intended to allow the establishment of those uses which have some special impact or uniqueness such that their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location. The conditional use permit provides the city with the means to review the location, design, configuration of uses, operations, and potential impact and compatibility with the surrounding area.

No conditional use permit or permit granting a variance shall have any force or effect until the applicant thereof actually receives such permit signed by the secretary of the planning commission designating the conditions of its issue thereon, and executes his or her written consent or otherwise consents to the conditions imposed. No permit shall be issued until the time for filing an appeal from decisions of the planning commission as provided in Section 17.03.090 has expired, or in the event of such appeal, after the final determination thereof by the city council.

B. Application Requirements. Applications for conditional use permits shall be completed in accordance with Section 17.03.030 of this development code.

C. Authority. Conditional use permits shall require a public hearing as follows:

1. When conditional use permit involves an existing building, the director of planning shall have the authority to approve, conditionally approve or deny an application for a conditional use permit.

Decisions of the director of planning may be appealed to the planning commission, pursuant to Section 17.03.090.

2. When a conditional use permit accompanies an application for a development plan for a new building that is less than ten thousand square feet, the director of planning shall have the authority to approve, conditionally approve, or deny an application for conditional use permit. Decisions of the director of planning may be appealed to the planning commission, pursuant to Section 17.03.090.

3. When a conditional use permit accompanies an application for a development plan for a new building that is ten thousand square feet or greater, or whenever the director of planning has determined that the matter should be forwarded to the planning commission. The planning commission shall have the authority to approve, conditionally approve, or deny an application for a conditional use permit. Decisions of the planning commission may be appealed to the city council, pursuant to Section 17.03.090.

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17.04.010 Conditional use permits.

D. Hearing and Notice. Upon the determination that a conditional use permit application is complete, a public hearing shall be scheduled with the director of planning or the planning commission. Notice of the time, date and place of public hearing shall be given as provided in Section 17.03.040 of this code.

E. Findings. In considering applications for conditional use permits, the hearing body, with such conditions as are deemed reasonable in approving or conditionally approving the use, shall find the use will not jeopardize, adversely affect, endanger or otherwise constitute a menace to the public health, safety or general welfare.

1. To approve or conditionally approve a conditional use permit, the planning commission or planning director (or planning commission and city council on appeal) must make the following findings:
a. The proposed conditional use is consistent with the general plan and the development code.
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.
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 this development code and required by the planning commission or council in order to integrate the use with other uses in the neighborhood. d. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community.
e. That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the planning director, planning commission, or city council on appeal.

2. Conditions of approval imposed by the planning director, planning commission or city council on appeal for a conditional use may involve any pertinent factors affecting the establishment, operation or maintenance of the requested use.

3. Any conditional use permit granted or approved hereunder shall be approved or conditionally approved with the city, and its planning commission and city council retaining and reserving the right and jurisdiction to review and to modify such 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.

F. Notice of Decision. Notice of decision upon an application for a conditional use permit shall be in accordance with Section 17.03.040(E) of this development code. 0871

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17.04.010 Conditional use permits-
G. Expiration of Conditional Use Permit. Within two years of approval of a conditional use permit, commencement of use shall have occurred or the approval shall be subject to expiration.

Commencement of use shall be defined by the issuance of a building permit for conditional uses involving new construction or the actual occupancy of an existing structure for a conditional use not involving new construction. If after three years, the commencement of the use for which a conditional use permit was issued has not occurred, the planning director may provide a notice to the permit holder that the conditional use permit is subject to expiration and that a public hearing before the planning commission will be held to determine whether or not the planning commission shall determine that the conditional use permit expired. Notice of the hearing shall be given in accordance with Section 17.03.040. The planning commission shall take evidence regarding what use, if any, the permit holder has made of the conditional use permit and determine if such use is significant to justify extending or continuing the conditional use permit. Additionally, if after commencement of the use under the conditional use permit, the active use of the conditional use permit is discontinued for a period of three years, then the conditional use permit shall be deemed abandoned.

H. Time Extension. Notwithstanding the foregoing, the permittee may, prior to the expiration of the conditional use permit, apply for up to three one-year extensions of time in which to use the conditional use permit. Each extension of time shall be granted in one-year increments only.

An application for an extension of time shall be made to the planning director, on forms provided by the planning department and shall be filed with the planning department, accompanied by the appropriate filing fee. Within thirty days following the filing of an application for an extension of time, the planning director may approve, conditionally approve or deny the application. An extension of time may be granted by the planning director only upon a determination that the property and use are consistent with the general plan, land use ordinance, and all other city ordinances and regulations. For any time extension that administratively extends an approval that was originally approved at a public hearing, notice of the planning director's decision to administratively approve a time extension shall be posted at the site and mailed at least ten days prior to its approval to the applicant and its representative (as shown on the application); to the property owner (as shown on the latest available equalized assessment roll of the county of Riverside) or the owner's agent; to all persons whose names and addresses appear on the latest available assessment roll of the county of Riverside as owners of property within a distance of six hundred feet from the exterior boundaries of the site for which the application is filed (a minimum of thirty property owners); to anyone filing a written request for notification; and to such other persons whose property might, in the planning director's judgment, be affected by the establishment of the use or zone requested. Notice shall also be sent to public departments, bureaus, or agencies which are determined by the planning director to be affected by the application. For matters that are considered to have special significance or impact, the planning director may refer such items to the planning commission for consideration at a noticed public hearing.

Any conditional use permit which is not used within the time specified in the grant of approval, or, if no time is specified, within one year of the effective date of such approval, shall become subject to termination. The planning director may extend such approval for a period not to exceed one year provided an application requesting the extension is filed prior to the original expiration date. For purposes of this section, "used" means the commencement of construction activity or any activity authorized by the grant of approval or conditional approval.
0872

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17.04.010 Conditional use permits.

Any proceeding to enforce the expiration of any conditional use permit or variance granted hereunder shall commence with notice to the permit holder of the city's intent to enforce the same and following the hearing requirements of the following paragraph.

The term "use" shall mean the beginning of a substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under terms of the authorized use.

I. Reservation of Right to Review Conditional Use Permit. Any conditional use permit granted or approved hereunder, shall be approved or conditionally approved with the city, and its planning director, planning commission, and city council retaining and reserving the right and jurisdiction to review and modify such 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 lieu of, the right of the city, its director of planning, planning commission, and city council to review and 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.

J. Modifications of a Conditional Use Permit. Requests to modify a conditional use permit shall be made in conformance with the provisions of Section 17.05.030. (Ord. 20-08 §§ 5-8; Ord. 19-02 § 9; Ord. 14-01 § 9; Ord. 10-07 § 31; Ord. 03-04 § 2; Ord. 97-17 § 7; Ord. 96-19 § 2(I) and (J); Ord. 95-16 § 2) Contact:

City Clerk: 951-694-6444
Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use. 0873

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Exhibit 8

Cd . Randy W
City of Temecula
Community Development
41000 Main Street - Temecula, CA 92590
Phone 1951) 694-6400 - Fax 1951) 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 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 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:
0875

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 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 1 i 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)
a March 12, 2021 $250.00 Citation (Paid)
0 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)

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)
o 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 6, 2021 $1,000 Civil Penalty (Paid)
August 7, 2021 $1,000 Civil Penalty (Paid)
* August 8, 2021 $1,000 Civil Penalty (Paid)
0877

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)
Q October 30, 2021 $1,000 Civil Penalty (Paid)
October 31, 2021 $1,000 Civil Penalty (Paid)
p November 5, 2021 $1,000 Civil Penalty (Paid)
November 6, 2021 $1,000 Civil Penalty (Paid)

CNC Puma Corporation, Mi. Puma and Ms. Moore
May 19, 2022

• November 12, 2021 $1,000 Civil Penalty (Paid)
November 13, 2021 $1,000 Civil Penalty (Paid)
n 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)
a January 22, 2022 $1,000 Civil Penalty (Delinquent)
January 23, 2022 $1,000 Civil Penalty (Delinquent)
a 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)
C February 18, 2022 $1,000 Civil Penalty (Delinquent)

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 11 p.m. on Friday and Saturday nights.

Condiition 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. u 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)
G 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)

CNC Puma Corporation, Mr. Puma and Ms. Moore
May 19, 2022

• July 3, 2021 $250.00 Citation (Paid)
o 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 PA 12-0041. 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;
d. That the permit is being exercised in a way that is detrimental to the public health, safety or welfare or constitutes a nuisance.

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.
aft,a2,4,.5%
C 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
Maureen Licata, 1562 Despard Avenue, Victoria, British Columbia, Canada V8S 1T3 Randi Johl, City Clerk
F..

Ll
0 City of Temecula
CommunFty Development
41000 Main Street • Temecula, CA 92590
Mailing Address: P.O. Box 9033 ■ Temecula. CA 92589-9033 Phone 1951) b94-G400 *Fax 19511G94 6477 www.clryoftemecula.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 filed.

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@citvoftemecla. org.

Sincerely,
Xuartk, AICP
Senior Planner
Enclosures: Conditions of Approval
S Pnn[ed on RecyuGrPEANNING12012kPA12-0041 Bank of Mexican Food ;.."kk 2;jr,idng1APPROVAL LTR.doc

PW
CJ

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.

WHOP 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
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 Civs 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.G80 of the City's Development Code.

G:%PLANNINGM121PA12-0041 Bank of McAcan Food MM12fFINAL COA-CUP.doc

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 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 twoiyear 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.

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. Priorto an employee selling alcohol from this facility., the. alcohol licensee oremployerfor 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 bythe California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 1/3/08).

11. An 8.5" x 110 (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 on 113108).

G.WLANNING120-121PA12-0041 Bank of Mexican Food MODTIanninglFINAL COA-CUP.doc •

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 maintalned in working order and up to their original design and performance specifications (CFC art.87 at 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 Ire alarm system, it will be required to do so.

COMMUNITY SERVICES DEPARTMENT
General Requirements

20. The developer shall contact the CityPs franchised solid waste hauler for disposal of construction and demolition debris. Only the Chyrs franchisee may haul construction debris.

21. The Applicant shall comply with the Public Art Ordinance. Details of the ordinance can be located on the Clt/s website at www,cityoftemecula.org; under Chapter 5.08 of the Municipal Code.

22. Prior to issuance of building permits, the developer shall provide TCSD verification of arrangements made with the Cites franchise solid waste hauler for disposal of construction and demolition debris.

GAPLANNING120121PA12-0041 Bank of Mexican Food M001PIanningTINAL COA-CUP.doc

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 sate 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 Califomia identification card
c. A valid military identification card (aotive/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

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 (26660 Business and Profession Code);
a. Name of person
b. Date of birth
C. Physical description
d. Photograph
S. 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 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.

GVLANNING12012VA12-004.1 Bank of Mexlean Food MOD1PlanningANAL COA-CUP.doo 0864

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 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,

25.753, and 25755 B&P; 148 and 241()) 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 1,8 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. (Ruse 143.3 CCR. Also violates sections 311.6 PC if conduct is "obscene," e.g., intercourse, sodomy, masturbation, etc.) S. 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.

G.XPLANNING120121PA12.0041 Bank of McAcan Food MOMPIanninglFINAL COA-CUP.doe i

n
0 City__qf TemeculaAd(a
Planning Department
43200 Business Park Drive • Temecula, CA 9259D • 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 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 goofs 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 with the Development Code and Old Town Specific WPLANNING OOMPA09.0236 Bank of Mexico Minor MomPlanninglAPPROVAL LETTER ADMINISTRATIVE.doc 1111-01*61

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 ka e.leculntetft?C lyoilenigcuia.orG
Sincerely,
Katie Innes
Assistant Planner
KI/ks
Enclosures: Final Conditions of Approval
Acceptance of Conditions of Approval
Angela Reveles (approval letter and Final Conditions of Approval) Department of Alcoholic Beverage Control
3737 Main Street, Suite 900
Riverside, CA 92501
G;IPLANNING1200WA06.0236 Bank of Mexico Minor MOD1Planning%APPROVAL LETTER ADMINISTRATIVE.doe 111*4Ii1

EXHIBIT A

FINAL CONDITIONS OF APPROVAL
SCANNED:

G DROVE:

PERMITS PLUS:

INITIALS:

PLANNER:

I•.

Y�
ACCEPTANCE OF COMMONS OF AFVIR0VAL
1, Craig Puma understand that Planning Application No. PAOB-0236 has been approved with Conditions of Approval which are set forth in Exhibit A. 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:

SIGNATURE
DA TE

EXHIBIT A

CITY OF TEMECULA

FINAL CONDITIONS OF APPROVAL
Planning Applicatioh No,: PA68-0236
Project Oescriphon: 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 previsouly approved Type-47 ABC license for The Bank of Mexican Food, located at 28645 Old Town Front Street.

Assessor's Parcel No.: 922-036-011
MSHGP Category:

NIA
DIF Category:

N/A
TUANF Category:

NIA
Approval Date:

October 9, 2008
Expiration Date:

October 9, 2010

PLANNING DEPARTMENT
Within 48 Hours 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 provided under Public Resources Cade Section 21152 and California Code of Regulations Section 150U. 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)).

PL-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,
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

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 shali 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 clarm, 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.

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 1 7,03.080 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 circumstances include, but are noth"ted 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 additlon 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 orottier code violation thereon.

The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit
PL-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
PL=9 This approval shall be used within two years of the approval date; •othewm-;c- 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,
PL-10 If commencement of the use. has not occurred within two years of approval of this perrait, 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.

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 Alcohol and Drugs (t- E A.D.), or received training from.an.y other program certified by 1 1'''

the California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 1f3108)
PL-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).

PL-13. Regular hours of operation shall be as follows: Monday -Thursday 1la_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) heishe maybe permitted to stay open until 2:G0 a.m When this occurs, alcoholicbeverages may be served until 2:00 asn, as consistent with the provisions of California State Law.

L-1 w> "Last call' for alcohol service shall occur at 1:30 a m, as consistent with California State Law.

PI_-16. A separate building permit shall be obtained prior to the commencement of consta.c�taon,,,tenant improvement or 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.

EXHIBIT A

FINAL CONDITIONS OF APPROVAL

SCANNED-
G DRIVE:

PERMITS PLUS:

INITIALS:

PLANNER:

G:1Planning%20071PA07-03i4 The Bank Upgrade to Type 47 Mlnor CURPIanningTINAL COA-CUP.doc

0 0

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. 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. - E
-
5IGNA T E - - - - -- DATE
G:1PIann1n9120071PA07.0314 The Bank Upgrade to Type 47 Minor CUP1PIanninglFINAL COA-CUP.doc 2 0897 - --- --

0 11
Cit _of Temecula
Planning Department
43200 Business Park Drive • Temecula, CA 92590 • Mailing Address: P.O. Box 9033 a 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 No. PA07-4314, 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_lec;cimt�� r�cxt olte:mr;culaTorg.

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 Department (stamped plans) G:1Planning1200nPA07-0314 The Bank Upgrade to Type 47 Minor CUPIPlanninglAPPROVAL LTR doc

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
The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clark In the amount of Sixty -Four Dollars ($64.60) 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 16062. 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 Department.

W131anning=071PA07.0314 The Bank Upgrade to Type 47 Minor CUP1PIanningWINAL COXCUP.doc 3 C11111*41P]

GENERAL REQUIREMENTS
GAPlannlnp1200T1PA07.0514 The Bank Upgrade to Type 47 Minor CUP1PIenninglFINAL COA•CUP,doc 4

E
Planning Department
E.

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 Clty'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 shajl 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.

8. 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 pormittee 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.

G:1PIannin1)1200r1PA07.0314 The Bank Upgrade to Type 47 Minor CUP%PIanning%F,NAL CGA-CUP,doc 5 0901

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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 1/3108).

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 rridays 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 1/3108).
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 G 1Planrnng0007\PA07-0314 The Bank Upgrade to Type 47 Minor CUPIPlanning\FINAL COA•CUP.dor 6 0902

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 webslte 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
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 (not expired)
GAPIanning12007%PA07-0314 The Bank Upgrade to Type 47 Minor CUPIPlanninglFINAL COA-CUP.doo 7 0903

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28. Applicant wit) 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 hoard 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. Ali 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 25032 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 OfflcerslRefusing Inspectlon: Police officers, sheriffs deputies and ABC Investigators are sworn taw 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 promises 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 taw. (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 PG If conduct Is "obscene," e.g., intercourse, sodomy, masturbation, etc.) t3;IP1enn1ng120071PA07-0314 The Bank Upgrade to Type 47 Minor CUPIPIenninglFINAI. COXCUP,doc a
11I

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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 beforwarded under separate cover,
OAP1anning120D71PA07.0314 The Bank Upgrade fo Type 47 Minor CUPOwningWINAL COA-CUP.doe 9 0905

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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 \Planning\2007\PA07.0314 The Hank Upgrude w Type 47 Minor CUP\Plantdng\DH RESOLUTION EXEMPT FROM CEQA doC

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 Mat currently holds a Type-4 1 (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.

G:\Planning12007\PA07-0314 The Bank Upgrade Ia Type 47 Minor CUP%V1anning\DH RESOLUTION EXEMPT FROM CEQA.dac 2 0907

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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 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 solo 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. /t 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.

CiPIanning12007WA07-0314 Thy Bank UpgraJe to Type 47 Minor CUP0annmg\DN RESOLUTION EXEMPT PROM CEQA.doc 3

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Section 5. PASSED, APPROVED AND ADOPTED by the Planning Director of the City of Temecula this Yd day of January 2008,
7a-�.` u
Debbie Ubnoske, Director of Planning
1, Kathy Simpkins, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 08-801 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.

Kat Sir7ipecr ary -
CAPIanning\2007WA07-0314 The Bank Upgrade to Type 47 Minor CUPTIanniag\DH RESOLUTION EXEMPT FROM CEQA.doc 4

Exhibit 9
0910

From: Erika Ramirez
To: Amanda Moore
Subject: RE: Setting of Hearing - Revocation of the CUP for The Bank Date: Wednesday, June 1, 2022 10:41:00 AM
Hello Amanda,
We have not yet received a hearing date from the Office of Administrative Hearings.

Erika Ramirez, MMC
Deputy City Clerk
City of Temecula
(951)694-6407
ri it T mecul v
TemeculaCA.aov
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: Wednesday, June 1, 2022 5:34 AM
To: Erika Ramirez
Subject: Re: Setting of Hearing - Revocation of the CUP for The Bank 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.

Has there been a date set yet?
Thank you,
Amanda Lane
Sent from my iPhone
On Apr 28, 2022, at 4:18 PM, Erika Ramirez wrote:

Hello Amanda and Craig,
Unfortunately a few dates I originally suggested are no longer available. Please let me know as soon as possible if the following dates work for both of you or please advise me of other possible dates so that I may get this hearing set with the Office of Administrative Hearings (OAH).
• July 7th
• July 21st
• July 25th
Thank you,
0911
RX. 9$99-001

Erika Ramirez, MMC
Deputy City Clerk
City of Temecula
(951)694-6407
erika. ramirez(o)TemeculaCA.ggv
41000 Main St., Temecula, CA 92590
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: Erika Ramirez
Sent: Monday, April 25, 2022 10:37 AM
To: [email protected]; [email protected]
Cc: Jennifer Petrusis ; Randi Johl

Subject: Setting of Hearing - Revocation of the CUP for The Bank Hello Amanda and Craig,
I am Erika Ramirez, Deputy City Clerk for the City of Temecula, I will be handling the setting of the hearing with the Office of Administrative Hearings (OAH) regarding the revocation of the CUP for The Bank. The OAH requests that we coordinate the selection of three possible dates for the hearing. I am suggesting the dates of May 25th, June 2"d, and June 15th again these are only suggestions, please let me know if these dates work or advise on other possible dates that will work for both of you.

Please note that OAH hearings are being held by telephone/videoconference.

Please let me know if you have any questions regarding the scheduling of the hearing with the OAH.

Thank you,
Erika Ramirez, MMC
Deputy City Clerk
City of Temecula
(951) 694-6407
erika ramirez ,TemeculaCA.acM
41000 Main St., Temecula, CA 92590
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 0912
EK.,"9-002

otherwise exempt.
0913
�ege�d299-003

OFFICE OF ADMINISTRATIVE HEARINGS

STATE OF CALIFORNIA

GENERAL JURISDICTION DIVISION
Case Information
Date 05/27/2022
From
Case Name
OAH Case Number
Local Agency Request to Set
City of Temecula
The Bank
Name of Agency City of Temecula
Agency Case Number
Agency Attorney/Representative Contact Information
Jennifer Petrusis, Richards Watson Gershon
Name
350 South Grand Avenue, 37th Floor
Mailing Address Los Angeles, CA 90071
Telephone (213) 253-0237
Email [email protected]
Agency Attorney/Representative Preferred Method of Service E-file F] U.S. Mail
DGS OAH 14 (California Code of Regulations., Title 1, Section 1018) (Revised 2/20) 0914
(For Optional Use)

Respondent/Appellant/Petitioner Contact Information
Name Amanda Moore - Owner
28645 Old Town Front Street
Mailing Address Temecula, CA 92590
Telephone
(951) 378-0980
Email [email protected]
Respondent/Appellant/Petitioner Preferred Method of Service FX E-file
U.S. Mail
Respondent Attorney/Representative Contact Information
Name
Mailing Address
Telephone
Email
Respondent Attorney/Representative Preferred Method of Service 1-1 E-file
1-1 U.S. Mail
DGS OAH 14 (California Code of Regulations., Title 1, Section 1018) (Revised 2/20) 0915
(For Optional Use)

Pleading Type
Employee Discipline F1 Disability Retirement
Industrial Disability Retirement
Revocation of Conditional Use Permit
Other (List)

IF PLEADINGS ARE NOT ATTACHED A HEARING MAY NOT BE SET
Statutory Time Limit
FX]Yes
1-1 No
If yes, provide legal authority (Code & Section Number) and date by which case must be heard. Municicipal Code 17.03.085(A)(1): The matter shall be heard by OAH within 45 days of referral to OAH, but may be extended for due cause including scheduling limitations of the hearing officer.

Time Estimate for Hearing
Hours Days 1-2 days
Temecula City Hall, 41000 Main Street, Temecula, California 92590 Hearing Location
Provide at least three dates preferred (All Parties) (California Code of Regulations, title 1 section 1018(a)(6)) 07/07/2022, 07/21/2022; 07/25/2022 Dates coordinated with all parties?
EYes
No
If no, attach DGS-OAH Form 21 (Statement of Agency's Reasonable Efforts to Confer). Failure to coordinate dates or provide an explanation will result in OAH assigning hearing dates.

DGS OAH 14 (California Code of Regulations., Title 1, Section 1018) (For Optional Use) (Revised 2/20) 0916 Page 3

Dates unavailable for at least 6 months (All Parties)
June 30, 2022 August 8, 2022 November 1, 2022
July 5, 2022 August 24-25, 2022 November 21-25, 2022
July 14, 2022 September 7-9, 2022 December 17-27, 2022
Additional comments and/or instructions
Hearing Record Information
Electronic recording by consent (Government. Code, section 11512, subdivision (d)) (Attach copy of written consent)
OAH to request court reporter (Agency is responsible for court reporting charges)
1-1 Agency to provide court reporter
(If no selection is made a Court Reporter will be ordered and the agency will be charged.)
Current court reporting rates are available on the OAH website at: https:// www.dgs.ca.gov/OAH/Case-Types/General-Jurisdiction/Resources/Page-Content/ General-Jurisdiction-Resources-List-Folder/Find-Contract-Information-to-Obtain- OAH-Court-Reporter-Services.

For E-filing https://www.applications.dgs.ca.gov/oah/oahsftweb NOTICE: This is not a reservation of dates. Completion of this form does not guarantee that you will receive the hearing dates requested. Dates are subject to availability at the time OAH processes this form.

DGS OAH 14 (California. Code of Regulations., Title 1, Section 1018) (Revised 2120)
0917
(For Optional Use)

OFFICE OF ADMINISTRATIVE HEARINGS

STATE OF CALIFORNIA

GENERAL JURISDICTION DIVISION
Statement of Agency's Reasonable Efforts to Confer
Instructions
This form is to be filed with every Request to Set form where the agency or counsel has been unable to meet and confer with all parties regarding available and unavailable dates for hearing. Detail efforts to meet and confer with each party.

Attach additional sheets if necessary.

Case Information
Case Name
The Bank
OAH Case Number
Name of Agency
City of Temecula
Agency Case Number
DGS OAH 21 (California Code of Regulations., title 1, section 1018) (For Optional Use) (Rev. 12/2019) 0918 Page 1

Statement of Efforts to Confer
I have made the efforts detailed below to meet and confer with the following parties or their representatives before submitting a Request to Set form to OAH.

Party Name
Amanda Moore
Craig Puma
Brad Landon
Party Representative
Efforts to Meet and Confer
2 Emails
1 Certified letter by USPS
By typing my name below, I am agreeing to electronically signing this form.

Signature
Erika Ramirez
Printed Name
Erika Ramirez
Dated
For E-filing https://www.applications.dgs.ca.gov/oah/oahsftweb DGS OAH 21 (California Code of Regulations., title 1, section 1018) (For Optional Use) (Rev. 12/2019) 0919 Page 2

Exhibit 10
0920

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Exhibit I I
0922

COLE HUBERLLP

ATTORNEYS
Elizabeth L. Martyn
martynlaw2000*aol.com
July 26, 2022
REPLY To:
❑ ROSEVILLE ® ONLARIO
Peter Thorson Via Email: [email protected]
Jennifer Petrusis [email protected]
Richards, Watson and Gershon
350 South Grand Avenue, 371h Floor
Los Angeles, CA 90071
Re: The Bank - 28645 Old Town Front Street, Temecula
Dear Mr. Thorson and Ms. Petrusis:

We now represent the principals of Zip Third Investments, owner of the property at 28645 Old Town Front Street in Temecula. Zip Third purchased the property in 2016. For the reasons set out below, the purpose of this letter is strongly to suggest it is in the best interests of the City as well as the property owner to work together to remedy the situation rather than proceed with the CUP revocation, at least at this time.

The owner's first notification of the ongoing issues at the property was when Ms. Petrusis called Norm Solomon late on Friday, July 1. As you know, we have asked that the action with OAH be dismissed or at least extended for some time because of lack of notice to the owner, as explained at greater length below. To add to that, and as you may know, the tenant again has filed for a Chapter 11 bankruptcy. The owner is proceeding with a 3-day notice to quit, but it appears that notice may have to be approved by the bankruptcy court, as will City action against them. (They are hiring bankruptcy counsel so we will have more information relatively soon).

In the interim, the owner is attempting to work with the tenant to comply with City requirements or to vacate the property.

We understand that there are serious code enforcement issues in Old Town Temecula.

We also realize that there was a shooting at the property (unrelated to the numerous citations) and that the City has cited the tenant for well over a year. We also realize that the City, and especially Code Enforcement, is more than frustrated with the tenant. We have not yet received a response to our PRA request, but we assume from Ms. Petrusis' call to Mr. Solomon that the City had information regarding the owners, who are the holder of the CUP. We suspect that representatives of Puma represented they were the owner.

Regardless, it appears to us that the City could have contacted the owner sooner to try to reach a solution of the problem. Perhaps that could have occurred when the citations did not lead to correction. In any case, Section 17.03.085(a) provides that the initial notice regarding revocation of a CUP shall be given to the permit holder. Athough Ms. Petrusis' phone call is Northern California: Southern California:

ADVANCING YOUR AGENDA 0923 2281 Lava Ridge Court, suite 300 2855 E. Guasti Road, Suite 402 00087621.1 Roseville, CA 95661 Ontario, CA 91761
Phone:916.780.9009 Phone:909.230.4209
Fax: 916.780.9050 Fax: 909.937.2034

July 26, 2022

appreciated, that notice was not given in the form required. The City proceeded to move forward with OAH without involving the owner as set out in the City Code.

Having invested a lot of time and money in the property, the owner obviously wants to keep its CUP. (A recent ordinance may involve some amendments to that CUP if there is live entertainment involved). As far as we can tell, the owner is not at fault here as it is located outside the Temecula area and was not notified by the tenant or the City of the ongoing violations until the City determined to revoke the CUP.

Perhaps more significantly, and outside the control of either the property owner or the City, at approximately the same time as Mr. Solomon got your call, the owner received a notice that the tenant had again filed for Chapter 11. At this point, there are a number of legal uncertainties raised by the bankruptcy.

Therefore, at a minimum, we suggest that the OAH proceeds to revoke the CUP be dismissed to give the owner a chance to control the tenant (if possible) and work through the bankruptcy court to remove the tenant. Please let me know if you are willing to discuss this approach.

Sincerely,
Elizabeth Martyn
Elizabeth L. Martyn

COLE HUBER LLP

ELM/RMB
0924
00087621.1

Exhibit 12

Rochelle M. Bolin
From: City of Temecula Public Records Center
Sent: Thursday, July 21, 2022 3:41 PM
To: Rochelle M. Bolin
Subject: [City of Temecula] Public Records Center:: W007523-072122 This email originated from outside of Cole Huber LLP. Please do not click links or open attachments unless you recognize the sender and know the content is safe.

July 21, 2022
Dear Rochelle Bolin:

Thank you for your interest in the City of Temecula public records. Your request has been received and is being processed in accordance with California Government Code 6250 et. seq., the California Public Records Act. Your request was received in this office on 7/21/2022 and given the reference number W007523-072122 for your tracking purposes.

Records Requested: In accordance with the California Public Records Act, we respectfully request emailed copies of all public documents in the City's possession and control regarding the following subjects. To the extent that the materials requested overlap, the materials need only to be provided once. We have tried to make this request as specific as possible; however, please contact us if you have questions: 1. All documents pertaining to the property located at 28645 Old Town Front Street regarding planning or zoning, (including but not limited to conditional use permits or similar approvals, currently in effect (the earliest of which is believed to be 2007), staff reports, resolutions, emails, citations, internal or external emails, regarding the same, and for or calls to law enforcement within the current and past eight (8) calendar years, calls to and communications from law enforcement. Documents include any complaints from the public code enforcement files and city attorney correspondence to the extent it is not privileged. 2. Any and all documents referencing or constituting correspondence with or from Zip Third Investments, Inc., or Norman Solomon, its manager. Correspondence includes emails or texts. 3. Any conditional use permit revocation documents. 4. Any and all documents to or from Craig Puma, Brand Landon, Amanda Moore or CNC Puma corporation regarding 28645 Old Town Front Street for the current and past eight calendar years, and specifically but not limited to those related to hours of operation, noise levels, or assertions of a "disorderly house". As used in these requests, the term "document" means a writing, as defined in California Evidence Code section 250, and includes, without limitation, originals and all copies of handwriting, typewriting, printing, photostating, photographing, electronic, and every other means of recording upon any tangible thing and form of communication or representation, including letters, emails, words, pictures, sounds, symbols, information or combinations of them whether stored in hard copy or electronic format. This request specifically includes emails by and between staff, code enforcement staff, Riverside County Sheriff's office, whether or not those eemGails are on City email accounts or not. We 092

specifically ask for emails with the Assistant City Manager, Kevin Hawkins. Please do not hesitate to contact me should you have any questions about this request.

Your request will be forwarded to the relevant City department(s) to locate the documents you seek and to determine the volume and any costs associated with satisfying your request. The California Public Records Act requires the City to respond to a request for public records within 10 calendar days. You will be contacted regarding the availability and/or provided with copies of the records in question.

PLEASE NOTE: The California Public Records Act does not require a governmental body to create new documents not currently in existence, to compile a list, or to do legal research.

You can monitor the progress of your request on the Public Records Requests Center. You will be notified by email when your request is completed.

Again, thank you for using the Temecula Public Records Center.

City of Temecula I Cityrterk's ace 1-'951)-240'--4225-
F"�r�rod try
L70VLIA
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0927

Rochelle M. Bolin
From: City of Temecula Public Records Center
Sent: Monday, August 8, 2022 3:09 PM
To: Rochelle M. Bolin
Subject: [City of Temecula] Public Records Center:: W007580-080822 CAUTION: This email originated from outside of Cole Huber LLP. Please do not click links or open attachments unless you recognize the sender and know the content is safe.

August 08, 2022
Dear Rochelle Bolin:

Thank you for your interest in the City of Temecula public records. Your request has been received and is being processed in accordance with California Government Code 6250 et. seq., the California Public Records Act. Your request was received in this office on 8/8/2022 and given the reference number W007580-080822 for your tracking purposes.

Records Requested: Copies of Code Enforcement materials, including administrative citations and civil penalty letters served on the following bars in Old Town, Temecula: Beer & Wine Garden; Bailey's; Public House; Coin-p; Old Town Pub & Grub; Buckle Up; Be Good; Blackbird; Old Town Blues Club; Luke's; Adeline; Stampede; and 1918 or 1912. We have an August 31, 2022 hearing date, that the City has refused to continue, and so an expedited response is requested.

Your request will be forwarded to the relevant City department(s) to locate the documents you seek and to determine the volume and any costs associated with satisfying your request. The California Public Records Act requires the City to respond to a request for public records within 10 calendar days. You will be contacted regarding the availability and/or provided with copies of the records in question.

PLEASE NOTE: The California Public Records Act does not require a governmental body to create new documents not currently in existence, to compile a list, or to do legal research.

You can monitor the progress of your request on the Public Records Requests Center. You will be notified by email when your request is completed.

Again, thank you for using the Temecula Public Records Center.

City of Temecula I City Clerk's Office 1 (951) 240-4225

This email has been scanned for spam and viruses by Proofpoint Essentials. Click here to report this email as spain.
0929

Exhibit 13
0930

COLEIHUBERLLP

ATTORNEYS
Elizabeth L. Martyn
[email protected]
August 23, 2022
VIA E-MAIL AND U.S. MAIL
[email protected]
Jennifer Petrusis
Richards Watson Gershon LLP
350 South Grand Avenue, 37th Floor
Los Angeles, CA 90071
Re: The Bank
Dear Ms. Petrusis:

REPLY TO:
❑ ROSEVR,LE 0 ONi'ARIO
I am following up on the documents the City provided in response to the July 21, 2022 PRA request and the August 8, 2022 additional request, both of which we received on August 17, 2022.

We have reviewed the documents provided and believe we are missing certain requested documents. The initial response to the PRA provides as follows:
11 0n com letion of our review we will provide au with copies of an responsive records. and, if any are withheld or portions are redacted with written notice of the applicable exemption s and the name and title of the person responsible for such determination. We estimate that we will be able to pLovide you with any responsive records on or before August 12, 2022.

In addition to the above explanation, we are missing the following: public law enforcement documents such as incident reports, which are public in part when requested under Govt. Code Section 6254(f). If those have to be requested directly from the Sheriff, then that should have been indicated so as not to delay production.

We do not see a full response to PRA #2 which requests would include closed code enforcement investigations for the other bars around the Bank. We also had sought the conditional use permits for those.

We also requested: "Any and all documents referencing or correspondence with or from Zip Third Investments, Inc., Norman Solomon or Richard (Rick) Edwards. Correspondence includes emails or texts." The response did not include correspondence that we know exists such as several letters from you to Norman Solomon. Therefore, we still do not know if we have all Northern Coliforr, Southern California:
1 2281 Lava Ridge Court, Suite 300 2855 E. Guasti Road, Suite 402 ADVANCING YOUR AGENDA 093
Roseville, CA 95661 Ontario, CA 91761
00088427.1 Phone:916.780.9009 Phone:909.230.4209
Fax: 916.780.9050 Fax: 909.937.2034

Jennifer Petrusis
August 23, 2022

of the correspondence sent to Norm Solomon. We did not receive a copy of the Director's Hearing 01/03/08 which is referenced in the 2012 CUP.

Thank you for your assistance. If this is more properly addressed to Mr. Krage, at least in part, please provide it to him.

Sincerely,
Elizabeth Martyn
Elizabeth L. Martyn

COLE HUBER LLP
0932
00088427.1

Exhibit 14
0933

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21 22
23 24
25 26
27 28
ELIZABETH L. MARTYN, Bar No. 100856
[email protected]
TYLER SHERMAN, Bar No. 343567
[email protected]

COLE HUBER LLP
2855 E. Guasti Road, Suite 402
Ontario, California 91761
Telephone: (909) 230-4209
Facsimile: (909) 937-2034
Attorneys for Property Owner ZIP THIRD

INVESTMENTS, LLC

STATE OF CALIFORNIA

OFFICE OF ADMINISTRATIVE HEARINGS
In Re: OAH Case No. 2022051021
The Bank, DECLARATION OF LAZARO E.

FERNANDEZ IN SUPPORT OF

REQUEST FOR CONTINUANCE AND

EXHIBITS HERETO
0934
00088511.1
DECLARATION OF LAZARO E. FERNANDEZ

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DECLARATION OF LAZARO E. FERNANDEZ
I, Lazaro E. Fernandez, declare:

1. I am an attorney duly admitted to practice law in all of the state courts of the State of California. I am a member of the Bar of the United States District Court for the Central District of California. I represented Zip Third Investments, LLC ("Zip") in the bankruptcy proceedings of CNC Puma Corporation, d.b.a. The Bank Plates & Pours, a.k.a. The Bank of Mexican Food i
("Chapter 11 bankruptcy").

2. The matters stated herein are based upon my personal knowledge, except as to those matters stated on information and belief, and as to such matters, I am informed and believe that they are true and correct. If called as a witness, I could and I would testify to the matters stated herein.

3. Subsequent to my admission to the California State Bar in June 1988, I started my career as a law clerk to the Honorable Mitchel R. Goldberg, U.S. Bankruptcy Judge (ret.) For the Central District of California. My duty station was San Bernardino, California. At the end of the one (1) year clerkship, I entered private practice, and I have been in private practice since August 1989 in both Northern and Southern California. My law practice involves litigation in the U.S. Bankruptcy Courts in California and in Florida. This includes, but is not limited to, pre - answer motions, discovery (all forms) and pre-trial dispositive motions and trials of adversary proceedings in California. I represent in -state and out-of-state secured and unsecured creditors, both institutional and individuals, in Bankruptcy Court. My practice also encompasses representation of Chapter 7, 11 and 13 debtors and lastly, Chapter 7 trustee representation as general counsel and special counsel. A true and correct copy of my resume is attached hereto as Exhibit "L"

4. In the Chapter 11 bankruptcy case, I filed a motion for relief from stay pursuant to section 362(d)(1) for "cause," to allow Zip to serve the debtor with a 3-Day Notice or the necessary notice to forfeit the tenancy and evict the debtor from the restaurant premises as a result of the debtor not complying the its leasehold requirements to notify Zip of any notices, actions, warnings, violations, etc. regarding its operation of the restaurant. 22-028-1 B
0935

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5. Additionally, I also filed a motion to convert the Chapter 11 case to one under Chapter 7 pursuant to section 1112(b)(4)(B) for "gross mismanagement of the estate" on the same grounds as those asserted in the relief from stay motion.

6. Lastly in an effort to expedite the proceedings on these two motions, I applied for and was granted two (2) orders shortening time for the hearing on both motions. The motions were heard a mere seven (7) days after they were field. The requisite notice period in the district is twenty-one (21) days, so these motions were heard in a mere one-third of the time they would have been heard.

7. I personally appeared and argued both motions in the bankruptcy court at 12:00 p.m. (yes 12:00 p.m.) on August 23, 2022. The court heard argument from Zip, the Office of the U.S.

Trustee (an arm of the U.S. Department of Justice), the Subchapter V trustee, the debtor and Strategic Funding Source, Inc., d.b.a. Kapitus, a secured creditor of the debtor. After a fair amount of oral argument, the Bankruptcy Court dismissed the Chapter 11 case.

8. Under bankruptcy law when a court is asked to convert a case, it MUST consider whether a dismissal is in the best interests of the creditors. The Bankruptcy Court determined that the proper forum for a decision regarding a possible revocation of the Cognitional Use Permit would be outside the Bankruptcy Court. Therefore, the Bankruptcy Court dismissed the Chapter 11 case.

9. The dismissal was without a prohibition to a possible re -filing by the debtor; however, any new filing would have to go back to the same judge who dismissed the case, and Zip can immediately file motions to dismiss as a "bad faith" filing or convert the case to Chapter 7, which would effectively kill any second Chapter 11 case.

I declare under penalty of perjury of the laws of the United States of America that the foregoing is true and correct and that this declaration was executed on August 24, 2022, in the City of Riverside, California.
22-028-IB
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0936

Exhibit "1"
0937

LAZARO E. FERNANDEZ
3600 Lime Street, Suite 326
Riverside, CA 92501
T: (951) 684-4474
F: (951) 684-4625
Email: left [email protected]
EMPLOYMENT:
2002-Present Principal Law Office of Lazaro E. Fernandez, Inc.

Riverside, CA
Litigation practice (pre -answer motions, discovery and pre-trial dispositive motions) and trials of adversary proceedings in California and out-of-state for secured and unsecured creditors (institutional and individuals), representation of Chapter 7, 11 and 13 debtors and general bankruptcy matters such as relief from stay, general motion practice (all forms of motion practice) and objections to Chapter 11 and 13 plans for in -state and out-of-state clients. Chapter 7 trustee representation as general counsel and special counsel. Real estate litigation. 1998-2001 Partner DesJardins, Fernandez & Smith, LLP
Riverside, CA
Litigation and trials of adversary proceedings in California and out-of-state for secured and unsecured creditors (institutional and individuals), Chapter 7 debtors and Chapter 11 debtors and general bankruptcy matters such as relief from stay, general motion practice and objections to Chapter 11 and 13 plans for in -state and out-of-state clients. Chapter 7 trustee representation. Responsible for law firm administrative matters.
1996-1997 Partner
Gonzalez & Fernandez, LLP
Los Angeles, CA
Litigation and trials of adversary proceedings in California for secured and unsecured creditors (institutional and individuals) in adversary proceedings and Chapter 11 and 13 matters. Relief from stay and general motion practice.

Responsible for law firm administration.
1993-1996 Associate
Hanover & Schnitzer
San Bernardino, CA
Representation of Chapter 7, 11 and 13 debtors, Chapter 7, 11 and 13 secured and unsecured creditors and Chapter 7 trustees in adversary proceedings and motion practice for in -state and out-of-state clients.

1991-1992 Associate Cameron & Dreyfus
Orange, CA
Representation of real property secured creditors in general motion practice and adversary proceedings.
1989-1991 Associate Cooper & Schaeffer
Sacramento, CA
Representation of Chapter 11 and 7 debtors and Chapter 7 trustees in general motion practice and adversary proceedings.
1988-1989 Law Clerk U.S. Bankruptcy Court
San Bernardino, CA
Law clerk for the Honorable Mitchel R. Goldberg, U.S. Bankruptcy Judge (ret.).

Duties included file review, legal research, and write ups for Court's motion practice and adversary proceeding calendars in Chapters 7, 11 and 13.

Researching and drafting of proposed memorandum decisions for judge.

EDUCATION:
1987 Juris Doctor School of Law, University of California, Davis, CA
Emphasis in bankruptcy, securities regulations, commercial paper, secured transactions, business planning, corporations, real estate finance, banking law seminar, federal income taxation, and legal accounting. 1984 Bachelor of Arts California State University, Fullerton Fullerton, CA
Bachelor of Arts degree in Political Science. Departmental honors and Dean's list 7 of 8 semesters. Golden Key Honor Society.

BAR ADMISSIONS:
1988-1989 California: All District and Bankruptcy Courts and Ninth and Eleventh Circuit Courts of Appeals.
1992 Florida (All state courts)
2003 Florida (U.S. District Court, Northern, Middle and Southern Districts of Florida) 0939

INTERESTS: Travel and reading.

LANGUAGE: Fluent in oral and written Spanish.

MEDIATION TRAINING AND SERVICE:
1998-Present Member, Bankruptcy Mediation Panel, U.S. Bankruptcy Court, Central District of California; Certified Bankruptcy Mediator, Straus Institute for Dispute Resolution at Pepperdine University School of Law.

OPINIONS OF NOTE:

Wagabaza v. R. Eric Beveridge, as Trustee of the R. Eric Beveridge Separate Property Trust Dated February 12, 1999, 582 B.R. 486 (Bankr.C.D.Cal. 2018); affirmed by Order Filed and Entered on August 7, 2019, USDC Case No. 5:18-CV-00406-JLS. 1 � 1