Agenda — Temecula City Council, April 25, 2023 (part 6 of 11)

Exhibit 15
0941

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6:20-bk-17551-WJ Doc 158 Filed 08/23/22 Entered 08/23/22 14:31:21 Desc Main Document Page 1 of 2
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FILED & ENTERED
AUG 23 2022
CLERK U.S. BANKRUPTCY COURT
Central District of California
BY gooch DEPUTY CLERK

UNITED STATES BANKRUPTCY COURT

CENTRAL DISTRICT OF CALIFORNIA

RIVERSIDE DIVISION
In re:

CNC PUMA CORPORATIOl,
I
0942
Case No.: 6:20-bk-17551-WJ
CHAPTER 1 I

DISMISSAL ORDER
Hearing:

Date: August 23, 2022
Time: 12:00 p.m.

Place: United States Bankruptcy Court
Courtroom 304
3420 Twelfth Street
Riverside, CA 92501
-1-

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On August 23, 2022 at 12:00 p.m., the Court held a hearing regarding the motions of Zip Third Investments, LLC (1) to convert this case to chapter 7 and (2) for relief from the automatic stay. All appearances were noted on the record.

Good cause appearing, the Court hereby ORDERS:

1. For the reasons stated on the record, this bankruptcy case is hereby dismissed without prejudice and without any bar to re -filing. Based on the comments of counsel for the debtor at the hearing, the debtor supports dismissal but did not request it. As such the 180 day bar to re -filing under 1 I U.S.C. § 109(g)(2) does not apply. If the debtor needs to file another case, there is no bar to the debtor doing so.

2. The motion for relief from stay is moot.

IT IS SO ORDERED.
###
Date: August 23, 2022
Wayne fohnson
United States Bankruptcy Judge
0943
-2-

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Case 6:20-bk-17551-WJ Doc 159 Filed 08/23/22 Entered 08/23/22 14:32:05 Desc Notice of Dismissal (Generic) Page 1 of 1
United States Bankruptcy Court
Central District of California
3420 Twelfth Street, Riverside, CA 92501-3819

NOTICE OF DISMISSAL
DEBTOR INFORMATION: BANKRUPTCY NO. 6:20-bk-17551-WJ
CNC Puma Corporation
aka The Bank Plates & Pours, aka The Bank of Mexican Food CHAPTER 11 Last four digits of Social -Security or Individual Taxpayer -Identification (ITIN) No(s)., (if any): N/A Employer Tax -Identification (EIN) No(s).(if any): 20-8434810 Debtor Dismissal Date: 8/23/22
Address:
28645 Old Town Front St
Temecula, CA 92590-2703
You are notified that an order was entered DISMISSING the above -captioned case and vacating the discharge if previously entered.

The Court retains jurisdiction on all issues involving sanctions, any bar against being a debtor in bankruptcy, all issues arising under Bankruptcy Code §§ 105, 109(g), 110, 329, 349, and 362, and to any additional extent provided by law.

Dated: August 23, 2022
Form ntcdsm—ndms Rev. 06/2017
• I I
For The Court,
Kathleen J. Campbell
Clerk of Court
159 / YG

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Exhibit 16
0945

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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 ROCHELLE BOLIN

IN SUPPORT OF REQUEST FOR

CONTINUANCE AND EXHIBITS
HERETO
ilI1I11.1.9f M

DECLARATION OF ROCHELLE BOLIN

Page 335 ends

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22 23
24 25
26 27
28 DECLARATION OF ROCHELLE BOLIN
I, Rochelle Bolin, do declare as follows:

1. I am a legal assistant and work with Attorney Elizabeth Martyn, a partner at Cole Huber LLP attorneys for Zip Third Investments, LLC in the above -entitled matter. I have personal knowledge of the facts set forth herein, except as to those stated on information and belief and, as to those, I am informed and believe them to be true.

2. On Wednesday, August 17, 2022 after 4:30 p.m., I was informed via email that the City of Temecula had posted on their website a number of documents in response to the Zip Third's two Public Records Act requests. I then downloaded approximately 125 documents and provided them to Elizabeth Martyn and Sharon Griswold.

3. On Tuesday, August 23, 2022 at the request of Ms. Martyn, I drafted and sent the attached email notifying the parties of Zip Third's intention to seek a continuance of the August 31 hearing and requesting them to provide me with alternative dates for the hearing as well as dates when they were unavailable.

4. In response to that request, I have received the email responses attached from Amanda Moore, Craig Puma and Jennifer Petrusis.

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

Executed on August 25, 2022 in Ontario, California.

Roche Ie Bolin
0947
00088511.1 2 Page 336

DECLARATION OF ROCHELLE BOLIN

Rochelle M. Bolin
From:

Rochelle M. Bolin
Sent:

Tuesday, August 23, 2022 4:32 PM
To:
[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'
Cc:
'Elizabeth Martyn'
Subject:

The Bank - OAH No 2022051021
The Property Owner, Zip Third Investments, LLC, will seek a continuance of the hearing now set for August 31 and September 1 to October 6 and 7. Today the Bankruptcy court ended the Chapter 11 to allow the property owner to serve and then pursue an unlawful detainer action against the tenant for violation of the lease terms. We estimate that unlawful detainer will take at least 30 calendar days. The property owner again requests, in the strongest possible terms, that the tenant cease operating outside the provisions of the 2012 CUP, and specifically those as to hours, noise and Section 28c as alleged by the City.

As required by Section 1020, please state your support or opposition to this request and future dates within the next 6 months when you are unavailable as well as 3 preferred alternative future hearing dates. The property owner's alternative hearing dates are October 11 and 12 or October 13 and 14. Property Owner's unavailable dates are September 4-9, 23- 29 and October 2.

Rochelle Bolin
Legal Assistant

COLE HUBERLLP
:TT0AP4_'d;
2855 E. Guasti Road, Suite 402
Ontario, CA 9176 ].
(909) 230-4209 - Main phone
(909) 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 information. Ifyou are not the intended recipient, or believe thatyou have received this communication in error, please advise the sender via reply email and delete the email you received.

Page 337 ends

Rochelle M. Bolin
From:

Elizabeth Martyn
Sent:

Wednesday, August 24, 2022 1:36 PM
To:
[email protected]; Rochelle M. Bolin
Cc:
[email protected]; [email protected]; [email protected] Subject:

Re: The Bank - OAH No 2022051021
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.

Thank you. I will include your opposition with the Motion to Continue. Please confirm whether or not you are represented by an attorney.
-----Original Message -----
From: Amanda Moore
To: Rochelle M. Bolin
Cc: [email protected]; [email protected]; [email protected]; Elizabeth Martyn Sent: Wed, Aug 24, 2022 1:29 pm
Subject: Re: The Bank - OAH No 2022051021
Ryan and myself; Amanda Lane oppose the motion to a continuance.

The statement that the bankruptcy court ended the chapter 11 to allow the landlord to serve and file an unlawful detainer greatly mischaracterizes the events of yesterday's bankruptcy hearings and the basis for the court's decision to dismiss the bankruptcy case. The court denyed the landlords request to convert the case to a chapter 7.

CNC PUMA CORPORATION,
Amanda Lane
Ryan Parent
On Aug 23, 2022, at 4:31 PM, Rochelle M. Bolin wrote:

The Property Owner, Zip Third Investments, LLC, will seek a continuance of the hearing now set for August 31 and September 1 to October 6 and 7. Today the Bankruptcy court ended the Chapter 11 to allow the property owner to serve and then pursue an unlawful detainer action against the tenant for violation of the lease terms. We estimate that unlawful detainer will take at least 30 calendar days. The property owner again requests, in the strongest possible terms, that the tenant cease operating outside the provisions of the 2012 CUP, and specifically those as to hours, noise and Section 28c as alleged by the City.

Rochelle Bolin
Legal Assistant
COLE HUBER U_P
2855 E. Ouasti Road, Suite 402
Ontario, CA 91761 0949

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(909) 230-4209 - Main phone
(909) 230-4207 - Direct dial
(909) 937-2034 - Fax
Email: [email protected]
Website: http:llcolelitiber.com
This email and any transmission with it may contain privileged or otherwise confidential information. If you 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.
0950

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Rochelle M. Bolin
From:

Elizabeth Martyn
Sent:

Wednesday, August 24, 2022 1:37 PM
To:
[email protected]; Rochelle M. Bolin
Cc:
[email protected]; [email protected]; [email protected] Subject:

Re: The Bank - OAH No 2022051021
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.

We also are required to ask you for alternate dates for a hearing, were the continuance to be granted. -----Original Message -----
From: Amanda Moore
To: Rochelle M. Bolin
Cc: [email protected]; [email protected]; [email protected]; Elizabeth Martyn Sent: Wed, Aug 24, 2022 1:29 pm
Subject: Re: The Bank - OAH No 2022051021
Ryan and myself; Amanda Lane oppose the motion to a continuance.

CNC PUMA CORPORATION,
Amanda Lane
Ryan Parent
On Aug 23, 2022, at 4:31 PM, Rochelle M. Bolin wrote:

Rochelle Bolin
Legal Assistant
COLE HUBER.LLP
2855 E. Guasti Road, Suite 402
Ontario, CA 91761
(909) 230-4209 - Main phone 0951

Page 340 ends

(909) 230-4207 - Direct dial
(909) 937-2034 - Fax
Email: [email protected]
Website: ht�t �:Hcolehuber.com
This email and any transmission with it may contain privileged or otherwise confidential information. If you 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.
0952

Page 341 ends

Rochelle M. Bolin
From: Elizabeth Martyn
Sent: Thursday, August 25, 2022 7:25 AM
To: [email protected]
Cc: [email protected]; [email protected]; [email protected]; Rochelle M.

Bolin
Subject: Re: The Bank - OAH No 2022051021
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.

Thank you, Mr. Puma. To all of you - we are required to ask for your unavailability over the coming 6 months and your preferred hearing dates if the continuance were to be granted. Please provide those even though I understand that you disagree with the request for a continuance.
-----Original Message -----
From: Craig Puma
To: Elizabeth Martyn
Cc: [email protected] ; [email protected] ;
[email protected] ; [email protected]
Sent: Thu, Aug 25, 2022 7:04 am
Subject: Re: The Bank - OAH No 2022051021
I am available most days. Not available Sept 8-20.

On Thu, Aug 25, 2022 at 5:58 AM Elizabeth Martyn wrote:

Thank you for your response. I'm required to ask you for alternate dates. -----Original Message -----
From: Craig Puma
To: Amanda Moore
Cc: Elizabeth Martyn ; Rochelle M
[email protected]
Sent: Wed, Aug 24, 2022 11:05 pm
Subject: Re: The Bank - OAH No 2022051021
Bolin ; jgetrusis(JDrwalaw.com;
agree with Amanda. Let's get everything wrapped up sooner rather than later to get business back to normal and start growing!
See you all on the 31 st.

Craig Puma
On Wed, Aug 24, 2022 at 1:34 PM Amanda Moore wrote.

Ryan and myself; Amanda Lane oppose the motion to a continuance.

CNC PUMA CORPORATION,
Amanda Lane
Ryan Parent
0953

Page 342 ends

On Aug 23, 2022, at 4:31 PM, Rochelle M. Bolin wrote:

14. Property Owner's unavailable dates are September 4-9, 23-29 and October 2.

Rochelle Bolin
Legal Assistant
,O LE HUBER,, P�
2855 E. Guasti Road Suite 402
Ontario CA 91761
(909) 230-4209 - Main phone
(909) 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 information. lfyou are not the intended recipient, or believe thatyou have received this communication in error, please advise the sender via reply email and delete the email you received.

Craig Puma
Sent from my Google Email Account
Craig Puma
Sent from my Google Email Account
0954

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Rochelle M. Bolin
From: Elizabeth Martyn
Sent: Thursday, August 25, 2022 8:55 AM
To: [email protected]; Rochelle M. Bolin
Subject: Re: The Bank - OAH No 2022051021
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.

Thank you. We are trying to get this filed today because of schedules. I will include this with my declaration. -----Original Message -----
From: Jennifer Petrusis
To: 'Elizabeth Martyn'
Sent: Thu, Aug 25, 2022 8:53 am
Subject: RE: The Bank - OAH No 2022051021
Good morning, Betsy:

Below are my dates that are unavailable, but they do not take into consideration my witnesses' availability. When are you filing your Motion to Continue? I likely won't hear back from all of my witnesses about their availability over the next six month until late today or possible tomorrow. If you need to file the Motion today, and if OAH grants your Motion and sets this matter for a date on which an important witness is unavailable, then I will need to move to continue the date. To answer your earlier questions, we intend to produce Luke Watson and Tom Cole as witnesses, so a subpoena for their appearance is not necessary.

My unavailable dates for the next six months are:
9/6/22-9/9/22
9/14/22-9/16/22
3 9/20/22
m 9/29/22-9/30/22
10/21 /22
• 10/31 /22-11 /1 /22
11 /4/22-11 /8/22
a 11/16/22-11/18/22
11 /21 /22-11 /25/22
11 /29/22-12/1 /22
■ 12/15/22-12/19/22
12/21 /22-12/27/22
+1/13/23-1/18/23
1 /27/23-2/3/23
2/17/23-2/24/23
Thanks very much,
Jennifer
Jennifer Petrusis
Shareholder
0955
1

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Exhibit 17
0956

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Rochelle M. Bolin
From: Elizabeth Martyn
Sent: Wednesday, August 24, 2022 1:28 PM
To: [email protected]
Cc: Rochelle M. Bolin; [email protected]; [email protected]; [email protected]
Subject: Re: The Bank - OAH No 2022051021
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.

Enjoy your conference. I seriously think you should reconsider your opposition. At a minimum, please consider the statements in the documents you will be receiving. I do want to let you know that if the continuance is not granted, the City intends to seek an immediate writ.

Thank you for taking the time to respond.
-----Original Message -----
From: Jennifer Petrusis
To: Elizabeth Martyn
Cc: [email protected] ; Mary Greer ; Maricela E. Marroquin ; Lindsay A. Thorson
Sent: Wed, Aug 24, 2022 1:24 pm
Subject: Re: The Bank - OAH No 2022051021
Good afternoon,
I am away from the office at a conference today. The City opposes the delay and I will get you the dates you requested late tonight when I get in front of a computer again. We are also working on responding to your letter regarding the City's responses to your PRA requests.

Jennifer
On Aug 24, 2022, at 5:51 AM, Elizabeth Martyn wrote:

We will be sending my declaration with the bankruptcy order and other relevant exhibits attached. If you are aware of who represents Mr. Puma and Ms. Moore, please let us know. You'll recall that for some reason we have not gotten all documents through OAH and Ms. Greer was nice enough to send what you had.

Please provide some dates as Section 1020 provides. Thank you and have an excellent Wednesday. -----Original Message -----
From: Jennifer Petrusis
To: 'Rochelle M. Bolin'
Cc: 'Elizabeth Martyn' ; Mary Greer ; Maricela E. Marroquin

Sent: Tue, Aug 23, 2022 6:38 pm
Subject: RE: The Bank - OAH No 2022051021
Good afternoon,
0957

Page 346 ends

Would you please send me a copy of the Court's order? Has the Chapter 11 bankruptcy matter concluded entirely? I have removed Mr. Puma and Ms. Moore from the cc's because it's my understanding that they are represented by counsel.

Thank you,
Jennifer
Jennifer Petrusis
Shareholder
[RWG Law Logo]

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 http://www.rwgiaw.com/ >
From: Rochelle M. Bolin
Sent: Tuesday, August 23, 2022 4:32 PM
To: 'coumavi@gmail .com' ; Jennifer Petrusis ; Mary Greer ; 'm 5kidsmama mail.com'
Cc: 'Elizabeth Martyn'
Subject: The Bank - OAH No 2022051021
The Property Owner, Zip Third Investments, LLC, will seek a continuance of the hearing now set for August 31 and September 1 to October 6 and 7. Today the Bankruptcy court ended the Chapter 11 to allow the property owner to serve and then pursue an unlawful detainer action against the tenant for violation of the lease terms. We estimate that unlawful detainer will take at least 30 calendar days. The property owner again requests, in the strongest possible terms, that the tenant cease operating outside the provisions of the 2012 CUP, and specifically those as to hours, noise and Section 28c as alleged by the City.

Rochelle Bolin
Legal Assistant
[15th_ColeHuber_EmailSignature-01 (1)]
2855 E. Guasti Road, Suite 402
Ontario, CA 91761
(909) 230-4209 - Main phone
(909) 230-4207 - Direct dial
(909) 937-2034 - Fax
Email: [email protected] http://cotacole.blogspot.com/ > Website: http://colehuber.com http://colehuber.com/ > This email and any transmission with it may contain privileged or ol.herwise curifiden[ial infurrna[iun. If yuu are nu[ [he 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.

Click here https://www.mailcontrol.com/sr/MZb_qvYs5QwJvpeaetUwhCQ-= > to report this email as spam.

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,

Page 347 ends

please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you.
[cid:u4uHUiJMXej5ZOZ3jvaf][cid:UaetgZajbsuO2VDgGcjp]
0959

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Exhibit 18

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My unavailable dates for the next six months are:
9/6/22-9/9/22
9/14/22-9/16/22
9/20/22
9/29/22-9/30/22
8 10/21 /22
10/31 /22-11 /l /22
11 /4/22-11 /8/22
11/16/22-11/18/22
® 11 /21 /22-11 /25/22
11 /29/22-12/l /22
12/15/22-12/19/22
® 12/21/22-12/27/22
■ 1/13/23-1/18/23
® 1 /27/23-2/3/23
2/17/23-2/24/23
Thanks very much,
Jennifer
Jennifer Petrusis
Shareholder
0961

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28 PROOF OF SERVICE
In re The Bank
Case No. OAH No. 2022051021
At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of San Bernardino, State of California. My business address is 2855 E.

Guasti Road, Suite 402, Ontario, CA 91761.

On August 26, 2022, I served true copies of the following document(s) described as

DECLARATION OF ELIZABETH MARTYN IN SUPPORT OF REQUEST FOR

CONTINUANCE AND EXHIBITS HERETO
on the interested parties in this action as follows:

Brand Landon
CNC Puma Corporation
27555 Ynez Road, Suite 110
Temecula, CA 92591
Via US Mail
Jennifer Petrusis
Richards Watson Gershon, LLP
350 South Grand Avenue, 37th Floor
Los Angeles, CA 90071
[email protected]
[email protected]
Via E-Service
Craig Puma
28645 Old Town Front Street
Temecula, CA 92590
[email protected]
Via US Mail and E-Service
Amanda Moore
The Bank
28645 Old Town Front Street
Temecula, CA 92590
[email protected]
Via US Mail and E-Service
BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the persons at the addresses listed in the Service List and placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with the practice of Cole Huber LLP for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. I am a resident or employed in the county where the mailing occurred. The envelope was placed in the mail at Ontario, California.

BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy of the document(s) to be sent from e-mail address [email protected] to the persons at the e-mail addresses listed in the Service List. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful.

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

Executed on August 26, 2022, at Ontario, California.
�QCR2� :��
0962 Ro'chelle Bolin
00088512.1

DECLARATION OF ELIZABETH MARTYN

0963

City of Temecula's Opposition to Zip Third Investments, LLC's Request to Continue Hearing Date to October 6 and October 7

Page 352 ends

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1 PETER M. THORSON (BAR NO. 83088)

CITY ATTORNEY
2 CITY OF TEMECULA
3 RICHARDS, WATSON & GERSHON
A Professional Co oration
4 JENNIFER PETRUSIS (BAR NO. 235144)
1petrusis rwglaw.com
5 350 '1 PGrand Avenue, 37th Floor
Los Angeles, California 90071
6 Telephone: 213.626.8484
Facsimile: 213.626.0078
7 Attorneys for Agency
8 City of Temecula
9 STATE OF CALIFORNIA
10 OFFICE OF ADMINISTRATIVE HEARINGS
11 12 In Re OAH Case No. 2022051021
13 The Bank CITY OF TEMECULA'S OPPOSITION

TO ZIP THIRD INVESTMENTS, LLC'S
14 REQUEST TO CONTINUE HEARING
DATE TO OCTOBER 6 AND OCTOBER
15 7
16 17
18 19
20 21
22 23
24 25
26 27
28 0965

CITY OF TEMECULA'S OPPOSITION TO ZIP THIRD INVESTMENT'S REQUEST TO CONTINUE HEARING DATE TO OCTOBER 6 AND OCTOBER 7 Page 353
1 1096-0773\271 1040v l _doc

I Local Agency, City of Temecula, hereby submits its Opposition to Zip Third 2 Investments, LLC's second request to continue the hearing date in this matter. 3 I. INTRODUCTION.
4 Property owner Zip Third Investments, LLC ("Zip Third") has now submitted a third 5 request to continue the hearing in this matter. Zip Third has been on notice of the violations 6 of the Conditional Use Permit ("CUP") since at least August 2021. (Cole Decl. at ¶ 6; Ex. 7 B). It has received copies of civil penalty letters issued to the owners and operators of The 8 Bank. (Cole Decl. at ¶ 7; Ex. Q. Zip Third has, apparently, not done anything to address 9 the violations of the CUP by its tenant until after the City gave notice of its 10 recommendation that the CUP be revoked. Zip Third has not demonstrated good cause for I I why the hearing must be delayed and why the City must continue to stand by while The 02 co 0 12 Bank continues to violate the CUP.
aQ
wU
z o 13 Zip Third was provided a copy of the Planning Director's notification of his o11
14 recommendation that the Conditional Use Permit ("CUP") be revoked on July 5, 2022. a
s 15 (Petrusis Decl. at ¶¶ 4-8; Exs. G and H). This gave Zip Third at least 57 days' notice before 16 the now August 31, 2022 scheduled hearing before OAH, which is more time than the 45 17 days required by Temecula Municipal Code Section 17.03.085. 18 Finally, that Zip Third wants to pursue an unlawful detainer action against its tenant 19 is irrelevant to whether the City may now revoke the CUP. Even if Zip Third was able to 20 effectively evict its tenant today, the City is still permitted to revoke the CUP. As is 21 demonstrated further below, Zip Third has been on notice of the violations for over a year 22 and it is disingenuous for it to claim that it has not been provided meaningful notice and an 23 opportunity to correct the violations.
24 For these reasons and for the reasons set forth below, Zip Third has not established 25 why the hearing in this matter should be continued. The City respectfully requests that 26 OAH maintain the hearing date in this matter for August 31-September 1, 2022. 27 28 ///
0966
-2-

CITY OF TEMECULA'S OPPOSITION TO ZIP THIRD INVESTMENT'S REQUEST TO CONTINUE HEARING DATE TO OCTOBER 6 AND OCTOBER 7 Page 354

1 II. ZIP THIRD INVESTMENTS, LLC HAS BEEN ON NOTICE OF THE 2 VIOLATIONS SINCE AT LEAST AUGUST 2021.
3 The CUP at issue in this matter prescribes the permitted operating hours for The 4 Bank restaurant and includes requirements for when the sale and consumption of alcoholic 5 beverages must cease. (Cole Decl. at ¶¶ 2-4; Ex. A). The Bank has consistently violated 6 the CUP and continues to violate the CUP. (Cole Decl. at ¶ 10). At this time, the City has 7 issued at least 35 administrative citations and at least 106 civil penalty letters (notices of a 8 $1,000 administrative fine) since February 2021 for violations of the CUP. (Cole Decl. at ¶ 9 5). For the violations occurring between February 26, 2022 and July 16, 2022, the City has 10 sent at least 37 civil penalty letters to the owner of The Bank. (Cole Decl. at ¶ 7; Ex. C). a x 11 These 37 civil penalty letters were also sent by regular snail to Norman S. Solomon, the a
2 12 agent for service of process for Zip Third at the address indicated as the principal place of z `
z13 business for Zip Third and the mailing address for Zip Third. (Cole Decl. at ¶¶ 7-8). None o
o
g 14 of the 37 civil penalty letters mailed to Zip Third were returned to sender. (Cole Decl. at d
15 ¶ 9). Zip Third has been on notice that The Bank has been violating its permitted operating d
16 hours since at least August 2021.
2 ❑
17 A. Zip Third Has Been On Notice of This OAH Action Since at Least July 1, 18 2022 and Received the Planning Director's Notification Letter can .1cily 5, 19 2022.
20 Zip Third complains that the Planning Director's Notification of his recommendation 21 that the CUP be revoked was not addressed to Zip Third. Zip Third does not dispute that it 22 received the Notification on July 5, 2022.
23 Pursuant to Temecula Municipal Code section 17.03.085(a), if the planning director 24 determines that any conditions of approval of a conditional use permit have been violated, 25 the planning director shall "send notice to the permit holder and city clerk." (Petrusis Decl. 26 at ¶ 3; Ex. E). The city clerk is then required to refer the matter to the California Office of 27 Administrative Hearings for the assignment of an administrative law judge. (Ex. E). 28 The Notice that the Planning Director Recommends That the CUP Be Revoked was 0967
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CITY OF TEMECULA'S OPPOSITION TO ZIP THIRD INVESTMENT'S REQUEST TO CONTINUE HEARING DATE TO OCTOBER 6 AND OCTOBER 7 Page 355
i 1096-0773\271ioaovl.doc

I sent to the owner, operator, and manager of The Bank with a carbon copy to Zip Third. 2 (Petrusis Decl. at ¶ 4; Ex. F). The copy of the Notice was mailed to Zip Third to The 3 Bank's location at 28645 Old Town Front Street, and then was later forwarded to Mr. 4 Solomon on July 5, 2022 by e-mail and again on July 8, 2022 by regular snail to Mr. 5 Solomon's address in Los Angeles, California. (Petrusis Decl. at ¶¶ 5-6; Ex. G and H). Zip 6 Third was provided with the Planning Director's Notice as required by the Temecula 7 Municipal Code. There is no reason why the hearing in this matter should be delayed. 8 B. Zip Third Fails to Demonstrate Whv the Hearing Should Be Delayed 9 Because it Now Wishes to Pursue an Unlawful Detainer Action Against 10 its Tenant.
z z 11 Zip Third does not dispute that the owners and operators of The Bank (presumably, 00 0 12 Zip Third's tenant) have been consistently violating the terms of the CUP and continue to 0 WU
z o 13 violate the CUP. Zip Third renews its request to delay this hearing because "the situation 0�
aFL 14 has changed significantly," specifically, that its tenant is no longer the subject of a s15 Bankruptcy Court stay. (Request to Continue Hearing Date at page 2, lines 14-16). a;
z a 16 That Zip Third now wants to pursue an unlawful detainer action against its tenant 2 17 does not mean that the City cannot revoke the CUP at this time, and it does not mean that 18 OAH is obligated to delay the proceedings. Zip Third does not cite to any authority that 19 requires otherwise.
20 As mentioned above, Zip Third was provided notice that its tenant was violating the 21 permitted hours of operation in August 2021. Copies of 37 civil penalty letters were sent to 22 Zip Third regarding the violations of the CUP by its tenant. Zip Third does not explain in 23 its Request to Continue why it did nothing to address the violations until after the City gave 24 it notice of the revocation matter. Zip Third cannot claim it did not know about the 25 violations of the CUP; it was notified over a year ago. Zip Third also cannot argue against 26 revocation because it is the property owner and the violations were by its tenant. Certainly, 27 Zip Third is likely to make these arguments at the hearing, but it has not demonstrated why 28 the hearing must be delayed. Accordiin�I Zip Third has failed to demonstrate why the ��JJ�bj -4-

CITY OF TEMECULA'S OPPOSITION TO ZIP THIRD INVESTMENT'S REQUEST TO CONTINUE HEARING DATE TO OCTOBER 6 AND OCTOBER 7 Page 356
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hearing before OAH should be continued.

III. CONCLUSION.

For the reasons set forth above, Zip Third has again failed to demonstrate why this CUP revocation matter must be delayed. The City respectfully requests that Zip Third's request be denied and that the hearing go forward on August 31-September 1, 2022.

Dated: August 29, 2022

RICHARDS, WATSON & GERSHON
A Professional Corporation

JENNIFER PETRUSIS
f _
By:

JE IFER PETRUSIS
Atforneys for Agency

CITY OF TEMECULA
0969
-5-

CITY OF TENIECULA'S OPPOSITION TO ZIP THIRD INVESTMENT'S REQUEST TO CONTINUE HEARING DATE TO OCTOBER 6 AND OCTOBER 7 Page 357
1 1 096-0773\271 1040v I doc

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PETER M. THORSON (BAR NO. 83088)

CITY ATTORNEY

CITY OF TEMECULA

RICHARDS, WATSON & GERSHON
A Professional Corporation
JENNIFER PETRUSIS (BAR NO. 235144)
jpetrusis rwglaw.com
350 Sout�i Grand Avenue, 37th Floor
Los Angeles, California 90071
Telephone: 213.626.8484
Facsimile: 213.626.0078
Attorneys for Agency
City of Temecula

STATE OF CALIFORNIA

OFFICE OF ADMINISTRATIVE HEARINGS
OAH Case No. 2022051021

DECLARATION OF JENNIFER

PETRUSIS IN SUPPORT OF OPPOSITION

TO ZIP THIRD'S REQUEST TO

CONTINUE HEARING DATE TO
OCTOBER 6 AND OCTOBER 7;

EXHIBITS IN SUPPORT THEREOF
0970
�4- , .... . . ..I— ,- -

DECLARATION OF JENNIFER PETRUSIS

Page 358 ends

DECLARATION OF JENNIFER PETRUSIS
2 I, Jennifer Petrusis, declare as follows:
3 1. I am an attorney at law duly licensed to practice before all of the courts in the State 4 of California. I am a shareholder of the law firm of Richards, Watson & Gershon, a Professional 5 Corporation, counsel of record for City of Temecula in this action. I have personal knowledge of 6 the facts set forth in this Declaration and, if called as a witness, could and would testify 7 competently to such facts under oath.
8 2. This matter is regarding the City of Temecula's recommendation that the 9 Conditional Use Permit issued to Craig Puma for the restaurant operating at 28645 Old Town Front 10 Street in Temecula, California should be revoked.
z z
a
11 3. Attached hereto as Exhibit E is a true and correct copy of Temecula Municipal Code oa
a
12 section 17.03.085.

WU
Wu
a z
o
13 4. The Notice that the Planning Director Recommends That the CUP Be Revoked was O
aa
14 sent to the owner, operator, and manager of The Bank with a carbon copy to Zip Thud Investments, 3 a
o�
15 LLC ("Zip Third"). A true and correct copy of the Notice indicating the carbon copy to Zip Third i Z
16 is included in Exhibit F after my July 5, 2022 email to Norman Solomon, manager of Zip Third.

U o
17 5. Initially, the Notice was sent to Zip Third at the location of The Bank in Temecula, 18 California. After speaking with Mr. Solomon on July 1, 2022, 1 emailed him a copy of the Notice 19 on July 5, 2022. Attached hereto as Exhibit F is a true and correct copy of my email to Mr. 20 Solomon on July 5, 2022.
21 6. Since I did not receive a response from Mr. Solomon to my July 5, 2022 email, I 22 sent a letter to Mr. Solomon on July 8, 2022 that also contained as an enclosure the Notice letter. 23 Attached as Exhibit G is a true and correct copy of my July 8, 2022 letter. 24 1 declare under penalty of perjury under the laws of the State of California that the 25 foregoing is true and correct.
26 Executed on this 29th day of August, 2022, at Los Angeles, California. 27 28
Jennifer Petrusis
0971

DECLARATION OF JENNIFER PETRUSIS

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EXHIBIT E
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17.03.085 Revocations and modifications —Conditional use permits, development plans, and othe... Page 1 of 4 Temecula, California Municipal Code
Title 17 ZONING
Chapter 17.03 ADMINISTRATION OF ZONING

17.03.085 Revocations and modifications —Conditional use permits, development plans, and other land use entitlements.

A. Revocation.

Notice.
a. If the planning director determines that any conditions of approval of a conditional use permit, variance, development plan, or other land use entitlement have been violated, or that the permittee is operating in a manner that is inconsistent with or that is not in accordance with the approved statement of operations, or that such entitlement is being used in a way that is injurious to the public health, safety, or welfare, the planning director shall send notice to the permit holder and the city clerk. The planning director may consult with the chief of police or fire chief in making this determination. The notice shall provide sufficient information to inform the permit holder of the reasons why the planning director is recommending that the permit be revoked and shall specifically identify the findings for revocation as set forth is subsection (A)(4) below, and that a public hearing shall be held before an independent hearing officer to determine whether the permit should be revoked, modified, or remain unchanged b. The city clerk shall refer the matter to the California Office of Administrative Hearings for the assignment of an administrative law judge to serve as an independent hearing officer. The matter shall be heard within forty-five days of referral to the Office of Administrative Hearings, but may be extended for due cause including scheduling limitations of the hearing officer. In the event the Office of Administrative Hearings is unable to provide a hearing officer, the city clerk shall make arrangements for the selection of a hearing officer to conduct the appeal hearing as provided in this subsection.
i. Not less than fifteen days prior to the public hearing, the city clerk shall notify the planning director and the permit holder of the names of three qualified attorneys or retired Superior Court or Appellate Court judges submitted to the city clerk by a reputable firm providing mediators and arbitrators to serve as a panel from which the hearing officer will be selected.
ii. Within five days of the date of mailing the notice of the available panel, the planning director and the permit holder may notify the city clerk in writing that he or she elects to remove one of the three potential hearing officers.
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17.03.085 Revocations and modifications —Conditional use permits, development plans, and othe... Page 2 of 4 iii. The city clerk shall then request the mediation and arbitration firm to select one of the remaining names on the list as the designated hearing officer for the appeal hearing.

2. Notice of the public hearing shall be given to the general public pursuant to the provisions of Government Code Section 65090 and Section 17 03.040(B).

3. Fees. The cost of the independent hearing officer shall be paid for by the city.

4. Public Hearing Before Independent Hearing Officer. A public hearing shall be held before an independent hearing officer to determine whether there are grounds to revoke the permit. At the public hearing, the hearing officer shall receive oral and written evidence from the planning director, or designee, any other city personnel, the permit holder, and any member of the public wishing to heard at the public hearing. The hearing officer shall have authority to administer oaths to those persons who will provide oral testimony. The evidence presented need not comply with the strict rules of evidence set forth in the California Evidence Code, but shall be the type of evidence upon which reasonable and prudent people rely upon in the conduct of serious affairs. The hearing officer shall have broad authority to control the proceedings and to provide for cross examination of witnesses in a fair and impartial manner. The planning director, or designee, shall have the burden of proof to establish by clear and convincing evidence the facts upon which his or her recommendation to revoke the permit is based. The public hearing shall be recorded by audio recording. The city shall, at its sole cost and expense, utilize the services of a certified court reporter to prepare the verbatim record of the hearing. The transcript shall be made available for purchase to both parties.

The hearing officer may continue the public hearing from time to time, but only upon written motion of a party showing good cause for the continuance.

5. Revocation. 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.

6. Independent Hearing Officer Decision. Within ten days of the conclusion of the public hearing, the hearing officer shall render his or her decision and make written findings of fact and law supporting the decision. He or she shall send the decision to the city clerk. Upon receipt of the hearing officer's decision, the city clerk shall send a copy of it to the planning director and the permit holder, along with a proof of mailing.
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17.03.085 Revocations and modifications —Conditional use permits; development plans, and othe... Page 3 of 4

7. Public Hearing Before the Planning Commission. The planning commission shall hold a public hearing to review the independent hearing officer's decision on the permit revocation. Notice of the public hearing shall be given pursuant to subsection (A)(2) of this section. The notice of public hearing shall briefly summarize the grounds for the independent hearing officer's decision to revoke the permit, modify any conditions of approval, or allow the permit to remain in place unchanged. The planning commission shall review the transcript of the proceeding before the independent hearing officer and the findings of fact and law issued by the independent hearing officer. The planning commission shall only consider the evidence presented at the hearing before the independent hearing officer as well as any new evidence presented by the public at the public hearing before the planning commission. The city clerk is authorized to retain an attorney to advise the planning commission. The planning commission's decision to confirm, modify or overturn the independent hearing officer's decision shall be set forth in a resolution. The city clerk shall mail a copy of the resolution to the permit holder along with a proof of service. If the planning commission decision is not timely appealed, the revocation of the permit or any modifications to the conditions of approval shall be effective upon adoption of the planning commission resolution.

8. Appeal. Within ten calendar days from date of the city clerk's mailing of the planning commission's decision, either party may appeal the decision to the city council. The appeal shall be in writing and shall state the grounds of the appeal and specify the errors in the decision. Upon receipt of the appeal, the city clerk shall schedule the appeal for review by the city council at the next council meeting not less than twenty calendar days after receipt of the appeal. The city council review of the appeal shall be limited to determining whether the evidence received at the revocation hearing supports the findings and decision of the planning commission. The city council shall be limited to the evidence presented at the revocation hearing before the independent hearing officer and planning commission as well as any new evidence presented by the public at the public hearing.

The city council's decision on the appeal shall be by resolution and that decision shall be final. Upon adoption of the resolution, the city clerk shall mail a copy of the resolution to the permit holder. Any legal action challenging the city council's decision shall be filed within ninety days of the date of the proof of service of mailing the council's resolution pursuant to Section 1094.5 et seq., of the California Code of Civil Procedure. If the council upholds the revocation of a conditional use permit or any modification to the conditions of approval, the revocation of the conditional use permit or modifications to the conditions of approval shall be effective upon adoption of the city council resolution. (Ord. 20-08 § 4)
Contact:

City Clerk: 951-694-6444
Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use. 0975
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EXHIBIT F
0976

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Mary Greer
From:

Sent:

To:

Subject:

Attachments:

Good morning, Mr. Solomon:

Jennifer Petrusis
Tuesday, July 5, 2022 9:09 AM
'[email protected]'
The Bank CUP Revocation Matter
05192022 - Letter.pdf
It was a pleasure speaking with you on Friday. Attached is a copy of the notification letter regarding the Planning Director's recommendation that the Conditional Use Permit obtained by Craig Puma and utilized by The Bank restaurant, located at 28645 Old Town Front Street, be revoked. At this point, we are looking at August 30-31 for the hearing before the Office of Administrative Hearings. Based on our conversation on Friday, we will now send you notifications at 3055 Wilshire Blvd., No. 1010, Los Angeles, CA 90010. If that address changes, please let me know and I will update our records. Please let me know if you have any questions about the revocation process. Based on our conversation, I have passed on your request to Luke Watson. I will update you as soon as I hear from him, but in the meantime, I will be continuing the process of setting the revocation matterfor hearing.

Best regards,
Jennifer
Jennifer Petrusis
Shareholder
1=

RICHARDS WATSON GERSHON
350 South Grand Avenue, 371h Floor
Los Angeles, CA 90071
T : 213.626.8484
F : 213.626.0078
D: 213.253.0237
W : rwRlaw. com
0977

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CC : Banes �
Cif of Temecula
Community Development
4 i 000 Main Street • Temecula, CA 92590
Phone (951( 694-6400 • Fax (951) 694-6477 • TemeculaCA.gov

CERTIFIED MAIL

RETURN RECEIPT REQUESTED
May 19, 2022
CNC Puma Corporation
Brand Landon, Agent for Service of Process
27555 Ynez Road, Suite 110
Temecula, California 92591
Craig Puma
The Bank
28645 Old Town Front Street
Temecula, California 92590
Amanda Moore, CEO
28645 Old "fown 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:

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

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Condition No. 12

1. According to Condition No. 12 of PA12-0041, the regular hours of operation shall be as follows: Monday -Thursday I 1 a.m, to 10 p.m., Friday 1 I a.m. to 11 p.m., Saturday 8 a.m. to 1 I p.m. and Sunday 8 a.m. to 10 p.m. On holidays (including Cinco De Mayo) the facility shall be permitted to close at midnight.

2. Also according to Condition No. 12 of PA12-0041, the sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday, and the sale of alcoholic beverages shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing.

3. Violations: Since at least February 2021, the owners, operators, and/or managers of The Bank restaurant, have violated the permitted operating hours and have consistently operated the restaurant past 11 p.m. on Friday and Saturday nights and have sold alcoholic beverages to patrons after 11 p.m. on Friday and Saturday nights. As of the date of this letter, the City of Temecula has issued at least the following administrative citations and civil penalties for violating this Condition:
+ March 5, 2021 $50.00 Citation (Paid)
• March 6, 2021 $150.00 Citation (Paid)
• March 12, 2021 $250.00 Citation (Paid)
March 19, 2021 $250.00 Citation (Paid)
• March 20, 2021 $250.00 Citation (Paid)
• March 26, 2021 $250.00 Citation (Paid)
• March 27, 2021 $250.00 Citation (Paid)
• April 2, 2021 $250.00 Citation (Paid)
• April 9, 2021 $250.00 Citation (Paid)
a April 10, 2021 $250.00 Citation (Paid)
• April 13, 2021 $250.00 Citation (Paid)
O April 16, 2021 $250.00 Citation (Paid)
• April 17, 2021 $250,00 Citation (Paid)
III%1rP%l

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

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• April 23, 2021 $250.00 Citation (Delinquent)
• April 24, 2021 $250.00 Citation (Delinquent)
• April 30, 2021 $250.00 Citation (Delinquent)
• May 1, 2021 $250.00 Citation (Delinquent)
• May 7, 2021 $250.00 Citation (Paid)
• May 8, 2021 $250.00 Citation (Paid)
• May 14, 2021 $250.00 Citation (Delinquent)
• May 15, 2021 $250.00 Citation (Delinquent)
• May 21, 2021 $250.00 Citation (Delinquent)
• May 22, 2021 $250.00 Citation (Delinquent)
• June 4, 2021 $250.00 Citation (Delinquent)
• June 5, 2021 $250.00 Citation (Delinquent)
• June 11, 2021 $250.00 Citation (Delinquent)
• June 12, 2021 $250.00 Citation (Delinquent)
• July 2, 2021 $250.00 Citation (Paid)
• July 3, 2021 $250.00 Citation (Paid)
• July 27, 2021 $1,000 Civil Penalty (Paid)
■ July 30, 2021 $1,000 Civil Penalty (Paid)
• July 31, 2021 $1,000 Civil Penalty (Paid)
• August 1, 2021 $1,000 Civil Penalty (Paid)
August 6, 2021 $1,000 Civil Penalty (Paid)
• August 7, 2021 $1,000 Civil Penalty (Paid)
• August 8, 2021 $1,000 Civil Penalty (Paid)
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CNC Puma Corporation, Mr. Puma and Ms. Moore
May 19, 2022

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• 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)
Y September 4, 2021 $1,000 Civil Penalty (Paid)
• September 10, 2021 $1,000 Civil Penalty (Paid)
o 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)
a 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)
r November 6, 2021 51,000 Civil Penalty (Paid)
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CNC Puma Corporation, Mr. Puma and Ms. Moore
May 19, 2022

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• November 12, 2021 $1,000 Civil Penalty (Paid)
• November 13, 2021 $1,000 Civil Penalty (Paid)
• November 19, 2021 $1,000 Civil Penalty (Paid)
• November 20, 2021 $1,000 Civil Penalty (Paid)
• December 3, 2021 $1,000 Civil Penalty (Paid)
• December 4, 2021 $1,000 Civil Penalty (Paid)
• December 10, 2021 $1,000 Civil Penalty (Paid)
• December 17, 2021 $1,000 Civil Penalty (Paid)
• December 18, 2021 $1,000 Civil Penalty (Paid)
• December 31, 2021 $1,000 Civil Penalty (Paid)
• January 7, 2022 $1,000 Civil Penalty (Paid)
• January 8, 2022 $1,000 Civil Penalty (Paid)
• January 15, 2022 $1,000 Civil Penalty (Delinquent)
• January 16, 2022 $1,000 Civil Penalty (Delinquent)
• January 22, 2022 $1,000 Civil Penalty (Delinquent)
• January 23, 2022 $1,000 Civil Penalty (Delinquent)
• January 28, 2022 $1,000 Civil Penalty (Delinquent)
• January 29, 2022 $1,000 Civil Penalty (Delinquent)
• February 4, 2022 $1,000 Civil Penalty (Delinquent)
• February 5, 2022 $1,000 Civil Penalty (Delinquent)
• February 11, 2022 $1,000 Civil Penalty (Delinquent)
• February 12, 2022 $1,000 Civil Penalty (Delinquent)
• February 18, 2022 $1,000 Civil Penalty (Delinquent)
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May 19, 2022

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• February 19, 2022 $1,000 Civil Penalty (Delinquent)
Although City staff has explained the permitted operating hours to management of The Bank, the restaurant continues to violate Condition No. 12 of PA12-0041 and it routinely operates and sells alcoholic beverages past 11 p.m. on Friday and Saturday nights.

Condition No. 28.c.

4. According to Condition No. 28.c. of PA12-0041, licensees may not permit their licensed premises to become a disorderly house. A disorderly house is defined as including a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise and loud music and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises includes the parking lot.

5. Violations; Between April 2, 2021 and July 3, 2021, the City issued the administrative citations listed below for violating the noise standards contained in Temecula Municipal Code section 9.20.040. Specifically, music played through outside speakers at the restaurant violating the maximum noise level of 70 dba for exterior noise at a commercial property. • April 9, 2021 $50.00 Citation (Paid)
■ April 10, 2021 $150.00 Citation (Paid)
• April 16, 2021 $250,00 Citation (Paid)
• April 17, 2021 $250.00 Citation (Paid)
• April 23, 2021 $250.00 Citation (Delinquent)
• April 24, 2021 $250.00 Citation (Delinquent)
• April 30, 2021 $250.00 Citation (Delinquent)
May 1, 2021 $250.00 Citation (Delinquent)
• May 8, 2021 $250,00 Citation (Paid)
• May 14, 2021 $250.00 Citation (Delinquent)
• May 15, 2021 $250.00 Citation (Delinquent)
• May 21, 2021 $250.00 Citation (Delinquent)
• May 22, 2021 $250.00 Citation (Delinquent)

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

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• 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 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 pen -nit is being exercised in a way that is detrimental to the public health, safety or welfare or constitutes a nuisance.
1'.*'

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May 19, 2022

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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.

Regar
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 V8S 1T3 Randi Johl, City Clerk

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Cites of Temecula
Communtty Development
41000 Main Street or Temecula, CA 92590
Mailing Address: P.O. Box 9033 ■ Temecula. CA 92569-9033 Phone 1951) 694.6400 o Fax 19511 694-6477 - www.dtyottemecula.org February 28, 2012
Mr. Craig Puma
The Sank 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 extenslon 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.flsk is cityoftemecia.orr .

Sincerely,
wart Fisk, A I C P
Senior Planner
Enclosures: Conditions of Approval
0986
Pranced ran'?" GAP f-ANNING12012\PA12-0041 Bank of Mexican Food MOD\PlanningWPPROVAL LTR.dm

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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
Th-e applicant and owner of the real property subject to this condition shall hereby agree to indemnify,, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application, The City shall be deemed for purposes of this condition, to include any agency or Instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition Is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense.

2. The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval. 3, This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code.

WPLANNING\20121PA12-0041 Bank of Mexican Food M091fi1687FINAL COA-CUP.doc 1

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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 res-ervation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is in addition to, and not In -lieu of, the right of the City, Its Planning Director, Planning Commission, and City Council to review and revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions Imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon.

5. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use permit.

6. The permittee shall submit a minor modification application to be approved for any exterior changes made to the building, Including anyfencing or gates that may be constructed in the future.

7. This approval shall be. used within two years of the approval date, otherwise, itshall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two-year period, which Is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval.

8. If commencement of the use has not occurred within two years of approval of this permit, the permittee may file an application at lest thirty days prior to expiration of the Conditional Use Permit, apply for up to 3 one-year extensions of time. Each extension of time shall be granted in one-year increments only.

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. Prforto 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 bythe California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 113108).
11, An 8.5" x 11" (or larger) sign listing local transportation -service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (telephone number 951-676-5090).

12. Regular hours of operation shall be as follows: Monday -Thursday l l 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 holldays (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).

GAPLANNINGX20121PA12-0041 Bank of Maxlcan Food MQpUaaol \FINAL COA-CUP.doc

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13. A separate building permit shall be obtained prior to the commencement of construction, tenant improvement or other interior or exterior improvements requiring building permits.

14. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit.

FIRE PREVENTION
General Requirements
15, Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are In force at the time of building plan submittal.

16. During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maln,talned in working order and up to their original design and performance specifications (CFC art.87 et al).

17. The applicant shall comply with the requirements of the Fire Code permit process and update any changes In the items and quantities approved as part of their Fire Code permit.

These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and Is subject to inspection (CFC 105).

18. Prior to issuance of bullding permit, any changes affecting the fire sprinkler system shall require a permit for the fire sprinkler'system. Plans shall be submitted to the Fire Prevention Bureau for approval, Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau,

19. Prior to Issuance of building permit, any changes affecting the fire•alarm system shall require a permit for the fire.alarm system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau, If any cooking appliances have been added and the hood extinguishing system is not tied into the fire alarm system, it will be required to do so.

COMMUNITY SERVICES DEPARTMENT
General Requirements

20.. The developer shall contact the City s franchised solid waste hauler for disposal of constructlon 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.cftyoftemecula.org; under Chapter5.08 of the Municipal Code.

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

GAPlANNINGU0121PA12-0041 Bank of Mexican Food MO0"sNAL COA-CUP.doc

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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 hours that they are open, at least five days a week. Normal mealtimes are 6,00 a.m. — 9:00 a.m., 11:00 a.m. — 2:00 p.m., and 6:00 p.m. — 9:00 p.m. Premises that are not open five days a week must serve meals on the days they are open. Minors are allowed on the premises. The applicant currently has a Type 41 (on -sale beer and wine).

24. Applicant will also comply with City Ordinance 97-07, (9.14,010 Temecula Municipal Code series).

25. Identification will be verified utilizing one of the following a. A valid California driver's license
b. A valid California identification card
C. A valid military Identification card (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
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 poor 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.

GAPLANNING12012TA12-004.1 Bank of Mexican Food MrDNOla^.�1r, 1TINAL COA-CUP.doc I

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28. Miscellaneous:
11 a. After Hours: Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B&P code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00am). (Section 25632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter than the law. Those licenses are marked "Conditional," (23805 B&P).
b. Authority of Peace Officers/Refusing Inspection: Police officers, sheriffs deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and Inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer. (Sections 25616, 25753, and 25755 B&P; 148 and 241(b) PC),
C. Disorderly House: Licensees may not permit their licensed premises to become a disorderly house. A disorderly house Is a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc., and/or (b) has many on, 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 whleh 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. (Rule 143.3 CCR. Also violates sections 311.6 PC if conduct is "obscene," e.g., intercourse, sodomy, masturbation, etc.) e. Alcohol Review Board: A review board will convene with the applicant on Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mall Storefront conference room. Final recommendations to ABC Riverside will be forwarded under separate cover.

G,IPLANNING12012\PA12-0041 Bank of McAcan Food Mr,,' ='e i d: )TINAL COA-CUP.doc J

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M
4 Cily of Temecula 0.0
Planning Department
43200 Business Park Drive • Temecula, CA 92590 • Mailing Address: P.O. Box 9033 v 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 WPLANNING120081PA08-0236 Bank of Mexico Minor MookPlanning\APPROVAL LETTER ADMINISTRATIVE doe 0992

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determined that the project is consistent with the Development Code and Old Town Specific Plan requirements, as related to the requested ABC license hour extension to allow for alcoholic service as consistent with state law. No exterior changes are being proposed as a part of this planning application. The only change being proposed is related to the use and authorization for this existing restaurant to serve beer and wine, along with distilled spirits for extended hours, as consistent with state law. in addition, the City Police Department has reviewed the proposed minor modification to extend the hours of operation to be consistent with state law, and are supportive of this request.

Please review and sign the enclosed Acceptance of Conditions of Approval and return the document to the Planning Department within 48 hours of receipt of this letter.

Anyone dissatisfied with this decision or the Conditions of Approval may appeal it within 15 calendar days frorn 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 ic;_L41[1on�tr.L�city!c�fiemer�tla�ord,
Sincerely,
Katie Innes
Assistant Planner
Kilks
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
G:IPLANNING\20081PA08-0236 Bank of Mexico Minor MOD1PlanningWPPROVAL LETTER ADMINISTRATIVE.doc 0993

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EXHIBIT A

FINAL CONDITIONS OF APPROVAL
SCANNED:

G DRIVE:

PERMITS PLIES:

INI'TiALS:

PLANNER:

Page 382 ends

ACCEPTANCE OF CONUTHONIS OF APPROVAL
i, Craig Puma understand that Planning Application No. PA08-0236 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
111*0161

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EXHIBIT A

CITY OF TEMECULA
FINAL C00011TIONS OF APPROVAL
Manning Application No.; PA08-0236
Project Descripbon: 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
IVISHCP Category: NIA
DIE~ Category: N/A
TUfNIF Category: N/A
Approval Date: October 9, 2008
Eupiratibai 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 Code: Section 21152 and California Code of Regulations Section 15052. If within said 48-1101-11* 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)).

PE_-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 si.gnature 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 owii selection from any and all claims, actions, awards, judgments,. or proceedings against the City to attack, set asid.e', annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the 1 • • -

Page 384 ends

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 [his condition, to include any agency or instrwreotality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents.' City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense.

PL-4. The applicanf 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 7M.080 of the City's Development Code.

PL-G 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.

PL-i 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 0997

Page 385 ends

the California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 1/3/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 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 1 i a.m. to 11 p rn., Saturday 8 a.m. to 11 p.m. and Sunday 8 a m. to 10 p.m.

PL-14 In the case that the restaurant manager would like to stay open past the regular hours of operation (stated above) he/she may be permitted to stay open until 2:00 a.rn When this occurs, alcoholic beverages may be served until 2:00 a.m. as consistent with the provisions of California State Law.

PL-15. "Last call" for afthol 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 constructionAenant improvement or other interior or exterior improvements requiring building permits
PI_-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.

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EXHIBIT A

FINAL CONDITIONS OF APPROVAL
SCANNED: *Leom
G DRIVE: _
PERMITS PLUS:

INITIALS:

PLANNER: te
G:1Planning\20071PA07-0314 The Bank Upgrade to Type 47 Minor CUP1Planning\FINAL COA-CUP doc 0999

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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.

C-
SIGNAT E k
L
G:1P1anning12007\PA07.0314 The Bank Upgrade to Type 47 MInor CUP1PIann1n9kFINAL COA-CUP doc 1000

11 City of Temecula
Planning Department
43200 Business Park Drive • Temecula, CA 92590 • Mailing Address: P.O. Box 9033 • Temecula, CA 92599-9033 (951) 694-6400 • FAX (951) 694-6477
January 4, 200B
Mr. Craig Puma
The Bank of Mexican Food
31415 Cabern Court
Temecula, CA 92591
SUBJECT: Planning Application No. PA07-0314, a Minor Conditional Use Permit to upgrade an existing Type-41 ABC license to a Type-47 ABC license authorizing the sale of beer, wine and distilled spirits at an existing restaurant
Dear Mr. Puma:

On January 3, 2008 the City of Temecula Planning Director approved the above referenced project subject to the enclosed final Conditions of Approval. Please review and sign the enclosed Acceptance of Conditions of Approval document and return the document with an original signature to the Planning Department within 48 hours of receipt of this letter.

Anyone dissatisfied with this decision or the Conditions of Approval may appeal it within fifteen calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed.

This approval is effective until January 3, 2010 unless extended in accordance with the Development Code. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date.

Sincerely,
j a,tc fit✓
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:IPlan ningt2007\PA07-0314 The Bank Upgrade to Typ100"IUPIPlanningWPROVAL LTR doc

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EXHIBIT A

CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL.

Planning Application No.: PA07-0314
Project Description: A Minor Conditional Use Permit to upgrade an existing Type-41 ABC license (on -sale beer and wine -eating
place), to a Type-47 ABC license (on -sale general), which would authorize the sale of beer, wine and distilled
spirits at an existing restaurant, The Bank of Mexican
Food, located at 28645 Old Town Front Street
Assessor's Parcel No. 922.036-011
MSHCP Category:

NIA
DIF Category:

NIA
TUMF Category:

NIA
Approval Date:

January 3, 2008
Expiration Date:

January 3, 2010
WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT
Planning Department
The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk In the amount of Sixty -Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/developer has not delivered to the Planning Department the check 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.

G:1P1ann1ng120071PA07-0314 Tho Bank Upgrad© to Type 47 MInor CUPTIenning\FINAL COA-CUP_doc I OP02

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GENERAL REQUIREMENTS
G:1PlanninM20071PA07-0314 The Bank Upgrade to Type 4i166.1%PIanninglFINAL COA-CIJP.doc

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M
Planning Department
The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or Indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City 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 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.

The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right andjurlsdiction 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 Clty Council is In addition to, and not in-Ileu 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,
The permlttee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit.

The pormitlee 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.

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 permittoe may File an application at lest thirty days prior to expiration of the Conditional Use Permit, apply for up to 3 one-year extensions of time. Each extension of time shall be granted in one-year increments only.

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11. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure Ihat the employee has received Licensee Education onAlcoholand Drugs (L.E.A.D.), or received training from any' other program certified by the California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 113/08).

12. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building.

Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (telephone number 951-676-5090). 13, Regular hours of operation shall be as follows: Monday -Thursday 11 a.m. to 10 p.m., Friday 11 a.m. to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 6 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).
14, A separate building permit shall be obtained prior to the commencement of construction, tenant improvernent 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.

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 \Plannmq\20071PA07-0314 The Bank Upgrade to Type 471ir6 dglanninq\FINAL COA-CUP doc

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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 websile at www.cityoftemecula.org; under Chapter 5.08 of the Municipal Code.

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

Police Department

24. Applicant has applied for a Type 47 (on -sale general — eating place) through the Riverside District Office of Alcoholic Beverage Control. Authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises. Authorizes the sale of beer and wine for consumption on the licensed premises. Must operate and maintain the licensed premises as a bona fide eating place. Must make actual and substantial sales of meals, during the normal meal hours that they are open, at least five days a week. Normal mealtimes are 6:00 a.m. — 9:00 a.m., 11:00 a.m. — 2.00 p.m., and 6:00 p.m. — 9:00 p.m. Premises that are not open five days a week must serve meals on the days they are open. Minors are allowed on the premises. The applicant currently has a Type 41 (on -sale beer and wine).

25. Applicant will also comply with City Ordinance 97-07, (9.14,010 Temecula Municipal Code series).

26. Identification will be verified utilizing one of the following:
a. A valid California driver's license
b. A valid California identification card
C. A valid military Identification card (active/reserve/retired/dependent) d. A valid driver's license from any of the fifty States or Territories of the United States e. A valid U.S. Passport
f. A valid government issued identification card issued by a Federal, State, County or City agency
27 As noted above, only a valid government issued identification card issued by a Federal, State, County or City (municipal) agency is acceptable, providing it complies with the below requirements (25660 Business and Profession Code):
a, Name of person
b. Date of birth
C. Physical description
d. Photograph
e, Currently valid (not expired)
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N
26, 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.

29. Miscellaneous:
a. After Hours: Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m, of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B&P code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a,m. of the same day (even if someone bought the drinks before 2:00am). (Section 25632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter than the law. Those licenses are marked "Conditional." (23805 B&P).
b, Authority of Peace Officers/Refusing Inspection: Police officers, 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 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, graffitl, 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.E PC if conduct is "obscene," e.g., intercourse, sodomy, masturbation, etc.) GAPIanning1200APA07-0314 The Bank Upgrade to Type 47 I r.Lt.QPlanninglFlNAL COA-CUP.doc

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Alcohol Review Board; A review board will convene with the applicant on Wednesday. December 12, 2007 at 10:00 a.m. at the Police Mall Storefront conference room. Final recommendations to ABC Riverside will be forwarded under separate cover,
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Klf
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 \P1anning\2007\PA07-0314 The Hank Upgrade to Type 47 iN41"F9Uing\DH RESOLUTION EXEMPT FROM CEQA doc

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AML
existing restaurant, The Bank of Mexican Food, located within Old Town's Tourist Retail Core zoning district is consistent with goals and polices reflected in the Old Town Specific Plan, The proposed use is also consistent with the goals and policies of the underlying General Plan Land Use Designation (Community Commercial), contained within the General Plan. The General Plan states that the Old Town area should be utilized to promote tourism and related activities within the City. The Old Town Specific Plan indicates that Old Town should be developed to provide local and tourist oriented retail services and promote existing development and uses that add to the "thematic" ambiance of the Old Town area. The proposed project is anticipated to enhance the vibrancy in the Old Town area. The project is consistent with the surrounding uses and meets all applicable Development Code requirements, including the 500' sensitive use separation requirement. The site has been properly planned and zoned and found to be physically suitable for the proposed use.

B- The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures.

The proposed conditional use is compatible with adjacent land uses as defined in the General Plan and Old Town Specific Plan. The proposed use has been analyzed and compared to the adjacent land uses and it has determined that the proposed use will be consistent with the surrounding uses. The area in which The Bank of Mexican Food Restaurant is located consists of a mixture of uses which includes retail and commercial, as well as other restaurant uses and wine tasting facilities. The restaurants in the immediate vicinity also serve alcoholic beverages without having an adverse effect on adjacent uses. It is anticipated that the proposed use will not adversely affect any of the surrounding properties because the use will occur within an existing building at an existing restaurant that currently holds a Type-41(on-sale beer and wine -eating place) license.

C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood.

The Bank of Mexican Food currently exists on -site and when the property was developed it was determined that the site was adequate in size and shape to accommodate the building and all required development features. it has been determined that the project is consistent with the Development Code and Old Town Specific Plan requirements, as related to the requested ABC license upgrade. No exterior changes are being proposed as a part of this planning application. The only change being proposed is related to the use and authorization for this existing restaurant to serve beer and wine, along with distilled spirits. In addition, the City Police Department has reviewed the proposed project and has issued Conditions of Approval.

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D. The nature of the proposed minor conditional use is not detrimental to the health, safety and general welfare of the community.

The nature of the proposed use is not detrimental to the health, safety and general welfare of the community. The restaurant currently holds an active Type- 41license (on -sale beer and wine -eating place) which allows the establishment to serve beer and wine on the premises. The upgrade to a Type-47 license (on - sale general -eating place), which will authorize the establishment to serve beer, wine and distilled spirits, will provide an additional service and convenience to patrons within the community. The site is also consistent with the City's Development Code requirement regarding separation of sensitive uses. It has been determined through GIS data that the 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 licenso upgrade and sale of alcoholic products at the project site.

Section 3. Environmental Findings. The Director of Planning hereby make the following environmental findings and determinations in connection with the approval of the Minor Conditional Use Permit application:

A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (15301, Class 1, Existing Facilities);
The key consideration for the existing facilities exemption is whether the project involves negligible or no expansion of an existing use. it has been determined that this project is categorically exempt according to CEQA Section 15301, Class 1 (Existing Facilities) because no expansion or construction is proposed as a part of this project. The restaurant currently exists on -site. The upgrade of an ABC license which authorizes this restaurant to serve not only beer and wine, but also distilled spirits, does not involve the physical expansion of the existing use or structure. The land use is not changing; the restaurant currently exists and will continue to exist. The only change is to the type of beverages that are authorized to be sold on the premises.

Section 4. Conditions. That Planning Director of the City of Temecula hereby approves Planning Application No. PA07-0314, a Minor Conditional Use Permit to upgrade a Type-41 ABC license (on -sale beer and wine -eating place), to a Type-47 ABC license (on -sale general), which would authorize the sale of beer, wine and distilled spirits at The Bank of Mexican Food restaurant, located at 28645 Old Town Front Street subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference.

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Section 5. PASSED, APPROVED AND ADOPTED by the Planning Director of the City of Temecula this 3`d day of January 2008.

Debbie Ubnoske, Director of Planning
I, Kathy Simpkins, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 08-00.1 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.

Kat 5imp s, . Ecr ary
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EXHIBIT G
1013

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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-resources.com
Re
Jennifer Petrusis
T 213.626.8484
F 213.626.0078
I:. [email protected]
350 South Grand Avenue
37th Floor
Los Angeles, CA 90071
rwglaw.com
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 ifeletrusis
Enclosure(s)
11086-0773\2689445v1.doc
1014
San Franci5ce Orange Co : t,.- Temecula Central Coast ".` _�

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cc.. K(2nd� 6�
City of Temecula
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

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

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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 1 I 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 1 I p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing.

3. Violations: Since at least February 2021, the owners, operators, and/or managers of The Bank restaurant, have violated the permitted operating hours and have consistently operated the restaurant past 11 p.m, on Friday and Saturday nights and have sold alcoholic beverages to patrons after 11 p.m. on Friday and Saturday nights. As of the date of this letter, the City of Temecula has issued at least the following administrative citations and civil penalties for violating this Condition:
• March 5, 2021 $50.00 Citation (Paid)
• March 6, 2021 $150.00 Citation (Paid)
• March 12, 2021 $250.00 Citation (Paid)
• March 19, 2021 $250.00 Citation (Paid)
• March 20, 2021 $250.00 Citation (Paid)
• March 26, 2021 $250.00 Citation (Paid)
• March 27, 2021 $250.00 Citation (Paid)
• April 2, 2021 $250.00 Citation (Paid)
• April 9, 2021 $250.00 Citation (Paid)
• April 10, 2021 $250.00 Citation (Paid)
• April 13, 2021 $250.00 Citation (Paid)
• April 16, 2021 $250.00 Citation (Paid)
• April 17, 2021 $250.00 Citation (Paid)
1016

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

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® April 23, 2021 $250.00 Citation (Delinquent)
® April 24, 2021 $250.00 Citation (Delinquent)
® April 30, 2021 $250.00 Citation (Delinquent)
e 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)
s 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)
a 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)
1017

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

Page 4 ends

• 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)
1018

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

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• November 12, 2021 $1,000 Civil Penalty (Paid)
• November 13, 2021 $1,000 Civil Penalty (Paid)
• November 19, 2021 $1,000 Civil Penalty (Paid)
• November 20, 2021 $1,000 Civil Penalty (Paid)
• December 3, 2021 $1,000 Civil Penalty (Paid)
• December 4, 2021 $1,000 Civil Penalty (Paid)
• December 10, 2021 $1,000 Civil Penalty (Paid)
• December 17, 2021 $1,000 Civil Penalty (Paid)
• December 18, 2021 $1,000 Civil Penalty (Paid)
• December 31, 2021 $1,000 Civil Penalty (Paid)
• January 7, 2022 $1,000 Civil Penalty (Paid)
• January 8, 2022 $1,000 Civil Penalty (Paid)
• January 15, 2022 $1,000 Civil Penalty (Delinquent)
• January 16, 2022 $1,000 Civil Penalty (Delinquent)
January 22, 2022 $1,000 Civil Penalty (Delinquent)
• January 23, 2022 $1,000 Civil Penalty (Delinquent)
■ January 28, 2022 $1,000 Civil Penalty (Delinquent)
■ January 29, 2022 $1,000 Civil Penalty (Delinquent)
® February 4, 2022 $1,000 Civil Penalty (Delinquent)
• February 5, 2022 $1,000 Civil Penalty (Delinquent)
• February 11, 2022 $1,000 Civil Penalty (Delinquent)
• February 12, 2022 $1,000 Civil Penalty (Delinquent)
• February 18, 2022 $1,000 Civil Penalty (Delinquent)
1019

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May 19, 2022

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Y 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.

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.

W April 9, 2021 $50.00 Citation (Paid)
® April 10, 2021 $150.00 Citation (Paid)
® April 16, 2021 $250.00 Citation (Paid)
e April 17, 2021 $250.00 Citation (Paid)
Y April 23, 2021 $250.00 Citation (Delinquent)
a April 24, 2021 $250.00 Citation (Delinquent)
® April 30, 2021 $250.00 Citation (Delinquent)
s 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)
1020

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

Page 7 ends

• 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 Sheriffs 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 inunediate vicinity of 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.
1021

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

Page 8 ends

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.
2cWatson
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
1022

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J
City of Temecula
Communky Development
41000 Main Street a Temecula, CA 92590
Mailing Address: P.O. Box 9033 ■ Temecula. CA 92589-9033 Phone 1951) 694.6400 o Fax 1951) 694-6477 ■ 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.

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.

Sincerely,
wart Fisk, AICP
Senior Planner
Enclosures: Conditions of Approval
1023
®P n1Pd on R �9.QPL ANNINGQ0121PA12-0041 Bank of Mexican Food MOD1Planning�APPROVAL LTR.doc

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EXHIBIT A

CITY OF TEMECULA

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 Citywith Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application, The City shall be deemed for purposes of this condition, to include any agency or Instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition Is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense.

2. The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval.

3. This Conditional Use Permit may be revoked pursuant to Section 17.03,080 of the Cltys Development Code.

G:TLANNING12012TA12-0041 Bank of Mexican Food MOUCF r,.,;ng,FINAL COA-CUP.doc 1

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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 w panslon, 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.

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 two-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utillzat'on contemplated by this approval.

8. If commencementof the use has not occurred within two years of approval of this permit, the permittee may file an application at lest thirty days prior to expiration of the Conditional Use Permit, apply for up to 3 one-year extensions of time. Each extension of time shall be granted "in one-year Increments only.

9. Indoor dinner entertainment consisting of one keyboard or other instrument played with one vocalist for the purpose of providing background music is permitted daily from noon until 10:00 P.M.

10. Pdorto 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 bythe Callfornla Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 1 /3108).
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., Fdday 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).

GAPLANNING120121PA12-0041 Bank of Mexican Food MO Oaaoi TINAL COA-CUP.doc

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13. A separate building permit shall be obtained prior to the commencement of construction, tenant improvement or other Interior or exterior improvements requiring building permits.

14. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit.

FIRE PREVENTION
General Requirements

15. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), Califomia 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 et al).

17. The applicant shall comply with the requirements of the Fire Code permit process and update any changes In the items and quantities approved as part of their Fire Code permit.

These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and Is subject to inspection (CFC 105).

18. Prior to issuance of building permit, any changes affecting the fire sprinkler system shall require a permit for the fire sprinkler'system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau,

19. Prior to Issuance of building permit, any changes affecting the fire.alarm system shall require a permit for the fire -alarm system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. If any cooking appliances have been added and the hood extinguishing system is not tied into the Ire alarm system, it will be required to do so.

COMMUNITY SERVICES DEPARTMENT
General Requirements

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

21. The Applicant shall comply with the Public Art Ordinance. Details of the ordinance can be located on the City's website at www.cityoftemecula.org; under Chapter5.08 of the Municipal Code.

G:TLANNINGU0121PA12-0041 Bank of Mexlcan Food MODIfI NAL COA-CUP.doc

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POLICE DEPARTMENT
General Requirements

23. Applicant has applied for a Type 47 (on -sale general — eating place) through the Riverside District Office of Alcoholic Beverage Control, Authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises. Authorizes the sale of beer and wine for consumption on the licensed premises. Must operate and maintain the licensed premises as a bona fide eating place. Must make actual and substantial sales of meals, during the normal meal hours that they are open, at least five days a week. Normal mealtimes are 6:00 a.m. — 9:00 a.m., 11:00 a.m. — 2:00 p.m., and 6:00 p.m. — 9:00 p.m. Premises that are not open five days a week must serve meals on the days they are open, Minors are allowed on the premises. The applicant currently has a Type 41 (on -sale beer and wine). 24, Applicant will also comply with City Ordinance 97-07, (9.14,010 Temecula Municipal Code series).

25. Identification will be verified utilizing one of the following:
a. A valid California driver's license
b. A valid California identification card
C. A valid military Identification card (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 (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 identiflcation cheeks 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 I andatory 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.

G:IPLANNING1201'2\PA12-004.1 Bank of Mexican Food M0r)T1a"n1^ \FINAL COA-CUP.doc

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11 28. Miscellaneous:

E.
a. After Hours: Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B&P code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00am). (Section 25632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter than the law. Those licenses are marked "Conditional." (23805 B&P),
b. Authority of Peace Officers/Refusing Inspection: Police officers, sheriffs deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest, Whether in plainclothes or uniform, peace officers have the legal right to visit and Inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer. (Sections 25616, 25753, and 25755 B&P; 148 and 241(b) PC),
C. Disorderly House: Licensees may not permit their licensed premises to become a disorderly house. A disorderly house Is a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc„ and/or (b)has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises Include the parking lot, (Section 25601 B&P; 316 PC).
d. Entertainers and Conduct: On -Sale licensees who offer entertainment must abide by the following rules: (1) No licensee shall permit any person to perform acts of or acts which simulate: (a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law. (b) The touching, caressing or fondling on the breast, buttocks, anus or genitals. (c) The displaying of the pubic hair, anus, vulva or genitals. (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 Inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain In or upon the licensed premises who exposes to public view any portion of his or her genitals or anus. (Rule 143.3 CCR. Also violates sections 311.6 PC If conduct is °obscene," e.g., intercourse, sodomy, masturbation, -etc.) e. Alcohol Review Board: A review board will convene with the applicant on Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mall Storefront conference room. Final recommendations to ABC Riverside will be forwarded under separate cover.

G,.TLANNING120121PA12.0041 Bank of McAcan Food MG1098FINAL COA-CUP.doc

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RIM
a
G"i ty, of T e m e c u I a- AW
Planning Department
43200 Business Park Drive • 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 erea, 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 rows 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. /t has been determined that the project is consistent with the Development Code and Old Town Specific G-SPLANNINGl20081PA08.0206 Bank of Mexico Minor MOD1PlanningWPROVAL LETTER AOMINISTRATIVE_doe 1029

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determined that the project is consistent with tho 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. N 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.

It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 694-6400 or by email at your katie,lt�c:omtr: r7cit oftE rt>„c ulp orc�,
Sincerely,
Katie Innes
Assistant Planner
KI/ks
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
G:IPLANNING120081PA08-0236 Bank of Mexico Minor MOD1PIanningWPROVAL LETTER ADMINISTRATIVE.doc 1030

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EXHIBIT A

FINAL CONDITIONS OF APPROVAL
SCANNED:

G DRIVE:

PERMITS PLUS:

SNIT&ALS:

PLANNER:
1031

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I
ACC[4 P1T/ANCE OF CO MTIOin9S OF A('PROVAI\1L
1, Craig Puma understand that Planning Application No. PA08-0236 has been approved with Conditions of Approval which are set forth in Exhibit A. l 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
1032

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EXHIBIT A

CITY OF TEMECUL A

FINAL CONDITIONS OF APPROVAL
Planning ApplicafsorD No,: PA08-0236
Project Description: A Minor Modification to an approved Minor Conditional.U' e 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
IVISHCP Category: N/A
DIF Category: NIA
TUNIF Category, N/A
Approval Date: October 9, 2008
Expiration Date: October 9, 2010

PLANNING DEPARTMENT
IftfiQhin 48 hlours of the Approval of This ,Project
PL-1. -t-he 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 2,1152 and California Code of Regulations Section 15052, If within said 40-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))
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 eparti'nent.

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 1033

Page 421 ends

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 [his .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 (fie applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense.

PL-4. The 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 i-03.080 of the City's Development Code,
PL-G 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.

PL 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 (lie 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 pern)iltee 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 Alcoho; and Drugs (t. E.A.D.), or received training from.an.y other program certified by 1034

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the California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 1/3108).

PL-13, Regular hours of operation shall be as follows: Monday -Thursday 11a.m to 10 p.m., -Friday 11 a.m. to 11 p m., Saturday 8 a.m. to 11 p.m. and Sunday 8 a m, to 10 p,m.

PL-14. In the case that the restaurant manager would like to stay open past the regular hours, of operation (stated above) he/she may be permitted to stay open until 2:00 a,rn When this occurs, alcoholicbeverages may be served until 2:00 a.m. as consistent with the provisions of California State Law.

PL-15 "Last call' for alcohol service shall occur at 1:30 a.m, as consistent with California State Law,
Pt--16- A separate building permit shell be obtained prior to the commencement of construction,'tenant improvement o other interior or exterior improvements requiring building -permits
PI. 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 1035

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EXHIBIT A

FINAL CONDITIONS OF APPROVAL
SCANNED:

G DRIVE:

PERMITS PLUS:

INITIALS: v
PLANNER: �orntq
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ACCEPTA' INCE 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 G VA rC E DA TE
GAP1ann1n90007\PA07.0314 The Bank Upgrade to Type 47 Minor CUP\P1enn1nUW1NAL COA-CUP.doc 1037

11 E
City of Temecula
Planning Department
43200 Busincss Park Drive • Temecula, CA 92590 • Mailing Address P.O. Box 9033 • Temecula, CA 92599-9033 (951) 694-6400 • FAX (95 t) 694-6477
January 4, 2008
Mr. Craig Puma
The Bank of Mexican Food
31415 Cabern Court
Temecula, CA 92591
SUBJECT: Planning Application No. PA07-0314, a Minor Conditional Use Permit to upgrade an existing Type-41 ABC license to a Type-47 ABC license authorizing the sale of beer, wine and distilled spirits at an existing restaurant
Dear Mr. Puma:

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.

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:1P1annin9\2007\PA07-0314 The Bank Upgrade to Typefdrg6P\Planning\APPROVAL LTR doc

Page 426 ends

liz-
F

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 Clerk in the amount of Sixty -Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/developer has not delivered to the Planning Department the check 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)).

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.

G1Plannfngk20071PA07-0314 Tho Bank Upgrade to Type 47 Minor CUPIPIenning\FINAL COA-CUP.doc 1039

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LAU

GENERAL REQUIREMENTS
GVlanning120071PA07-0314 The Bank Upgrade to Type 471i r 1.6PlanningWINAL COA-CUP.doc

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R
Planning Department
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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 tho voters of the Cily, 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 comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval.

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 andjurisdiclion 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 permittoe may file an application at lest thirty days prior to expiration of the Conditional Use Permit, apply for up to 3 one-year extensions of time. Each extension of time shall be granted in one-year increments only,
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11. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education oil Alcohol and Drugs (L.E.A.D.), or received training from any' other program certified by the California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 113/08).

12. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building.

Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (telephone number 951-676-5090). 13, Regular hours of operation shall be as follows: Monday -Thursday 11 a.m. to 10 p.m,, Friday 11 a.m. to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8 a.m. to 10 p.m. On holidays (including Cinco De Mayo) the facility shall be permitted to close at midnight. The sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday.

The sale of alcohol shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no 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

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).

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 1Planrnng1200APA07-031.4 The Bank Upgrade to Type 47 iroC ilanningkFINAL COA-CUP doc

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Community Services Department

21. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul construction debris,

22. The Applicant shall comply with the Public Art Ordinance, Details of the ordinance can be located on the City's website at www.cityoftemecula,org; under Chapter 5,08 of the Municipal Code.

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 valid California driver's license
b. A valid California identification card
C. A valid military Identification card (activelres erve/relired/de pendent) d. A valid driver's license from any of the fifty States or Territories of the United States e. A valid U.S. Passport
f. A valid government issued identification card issued by a Federal, State, County or City agency
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)
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28. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. For this reason, the Temecula Police Department has imposed a mandatory training for all employees involved in the service and sales of alcoholic beverages. Also, the Temecula Police Department conducts an Alcohol Review Board for all new businesses with a Type 47 license. Contact the Temecula Police Crime Prevention and Plans Officer at (951) 695-2773 to set up a training date, An Alcohol Review Board has been scheduled for Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mall office.

Training and review board must be completed prior to the usage of the Type 47 license.

J. 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.) GAPiann1ng120071PA07-0314 The Bank Upgrade to Type 47 0 4lanning\FINAL 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 Storefront conference room. Final recommendations to ABC Riverside will be forwarded under separate cover,
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L2
DH RESOLUTION NO. 08-001

A RESOLUTION OF THE PLANNING DIRECTOR OF THE

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:

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.

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:\P1xr:ning\2007\PA07-0314 The Bank Upgrade lu Type 47 iNliIogs,ing\DH RESOLUTION EXEMPT FROM CEQA doc

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existing restaurant, The Bank of Mexican Food, located within Old Town's Tourist Retail Core zoning district is consistent with goals and polices reflected in the Old Town Specific Plan. The proposed use is also consistent with the goals and policies of the underlying General Plan Land Use Designation (Community Commercial), contained within the General Plan. The General Plan states that the Old Town area should be utilized to promote tourism and related activities within the City. The Old Town Specific Plan indicates that Old Town should be developed to provide local and tourist oriented retail services and promote existing development and uses that add to the "thematic" ambiance of the Old Town area. The proposed project is anticipated to enhance the vibrancy in the Old Town area. The project is consistent with the surrounding uses and meets all applicable Development Code requirements, including the 500' sensitive use separation requirement. The site has been properly planned and zoned and found to be physically suitable for the proposed use.

B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures.

The 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- 4llicense (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 Pollce Department has provided conditions of approval for the project and concurs with the request for tho 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:

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Section 5. PASSED, APPROVED AND ADOPTED by the Planning Director of the City of Temecula this 3`d day of January 2008.

Debbie Ubnoske, Director of Planning
- I, Kathy Simpkins, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 08-00.1 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,
Y�Kat Simp�ecr ary
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PETER M. THORSON (BAR NO. 83088)

CITY ATTORNEY

CITY OF TEMECULA

RICHARDS, WATSON & GERSHON
A Professional Corporation
JENNIFER PETRUSIS (BAR NO. 235144)
)petrusis c@r rwglaw.coin
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Telephone: 213.626.8484
Facsimile: 213.626.0078
Attorneys for Agency
City of Temecula

STATE OF CALIFORNIA

OFFICE OF ADMINISTRATIVE HEARINGS
OAH Case No. 2022051021

DECLARATION OF TOM COLE IN

SUPPORT OF OPPOSITION TO ZIP

THIRD' S REQUEST TO CONTINUE
HEARING DATE TO OCTOBER 6 AND
OCTOBER 7; EXHIBITS IN SUPPORT

THEREOF
1050
-1-

DECLARATION OF TOM COLE

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I DECLARATION OF TOM COLE
2 I, Tom Cole, declare as follows:
3 1. I am, at all relevant times have been, a Code Enforcement Officer with the 4 City of Temecula. I make the following declaration based on personal knowledge, except 5 where indicated it is based on information and belief, and if called to testify, I could and 6 would competently testify as to the contents of this declaration. 7 2. Attached hereto as Exhibit A is a true and correct copy of the Final Conditions of 8 Approval for Conditional Use Permit PA12-0041 ("CUP"), which are the current Conditions of 9 Approval for the Conditional Use Pennit for the property located at 28645 Old Town Front Street. 10 This is where the restaurant The Bank is located and is operating. z g 11 3. According to Condition No. 12 contained in the CUP (see page 2 of Exhibit A), the W a 12 regular hours of operation shall be as follows: Monday -Thursday 11:00 a.m. to 10:00 p.m., Friday 0 W
o "
zo 13 11:00 a.m. to 11:00 p.m., Saturday 8:00 a.m. to 11:00 p.m. and Sunday 8:00 a.m. to 10:00 p.m. On o�
�j 14 holidays (including Cinco de Mayo), the facility is permitted to close at midnight. 7 i
15 4. Also according to Condition No. 12, the sale of alcoholic beverages shall cease at N
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T z 16 10:00 p.m. Monday through Thursday and Sunday, and the sale of alcoholic beverages shall cease 00 17 at 11:00 p.m. on Fridays and Saturdays. The consumption of alcohol shall cease no later than one 18 hour after closing.
19 5. Since at least February 2021, the owners, operators and/or managers of The Bank 20 restaurant have violated the permitted operating hours and have sold alcoholic beverages past the 21 permitted hours. The City has issued at least 6a administrative citations to the owner of The Bank 22 restaurant, CNC Puma Corporation, through its agent for service of process. The City has also 23 issued at least i fJ6civil penalty letters, which are notices of a S 1,000 administrative fine. 24 6. On August 20, 2021, I sent a letter to Zip Third Investments. LLC to inform it that 25 activities violating the Temecula Municipal Code by its tenant operating as The Bank were 26 occurring at its property at 28645 Old Town Front Street in Temecula. The letter specifically 27 mentions that the business was operating beyond the permissible operating time of 11:00 PM. It 28 also notified Zip Third that the City has been issuing, and would continue to issue, civil penalties 1051
-I-

DECLAR,NTION OF TOM COLE

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I for the violations. The letter asked Zip Third to contact me If they had any questions. Attached 2 hereto as Exhibit B is a true and correct copy of that August 20, 2021 letter that I sent to Zip Third 3 Investments.
4 7. For violations of the CUP occurring between February 26, 2022 and July 16, 2022, 1 5 have sent at least 37 civil penalty letters to CNC Puma Corporation. Attached hereto as Exhibit C 6 is a true and correct copy of each of those 37 civil penalty letters. For each of those 37 civil 7 penalty letters sent since February 2022, I caused a copy of the civil penalty letter to be sent by 8 regular mail addressed to "Zip Third Inv., 3055 Wilshire Boulevard, Suite 1010, Los Angeles, 9 California 90010-1176, Attention: Norman S. Solomon." Although the cc on the civil penalty 10 letter states "Norman S. Sullivan, Property Manager," I mailed the copy of the civil penalty letter to Z Z 11 Mr. Solomon and the address above.
00 12 8. Based on my research of the ownership of the property on which The Bank W�
z o 13 restaurant is located, it appears that Zip Third Investments, LLC is the owner of the property.

ON
Qd 14 According to the California Secretary of State's website, Mr. Solomon is the agent for service of o 15 process for Zip Third Investments, LLC, and both the principal address and mailing address is the Ix
= z 16 3055 Wilshire Boulevard, Suite 1010, Los Angeles, California 90010-1176 address that I mailed U o
17 the civil penalty letters to. Attached hereto as Exhibit D is a printout from the California Secretary 18 of State's website regarding Zip Third Investments, LLC. 19 9. None of the 37 civil penalty letters in Exhibit C that I mailed to Mr. Solomon of Zip 20 Third Investments has been returned to sender. Accordingly, I believe Zip Third Investments 21 received notice of the ongoing violations by The Bank of the CUP and has been on notice about the 22 City issuing civil penalties for these violations since at least February of this year. 23 10. Since the City began issuing administrative citations and then civil penalties, The 24 Bank has consistently violated its CUP. It continues to violate the CUP and has been having 25 weekly events at the restaurant that last past its permitted operating hours. I have received no 26 communication from the owners or operators from The Bank indicating that they intend to abide by 27 the CUP's permitted operating hours and I expect that they will continue to violate the CUP. 28 I declare under penalty of perjury under the laws of the State of California that the 1052
-2-

DECLARATION OF TOM COLE

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I InRt,_n77 V71I�?;vI doe

1 foregoing is true and correct.
2 Executed on this 29th day of August, 2022, at Temecula, California. 3 4
5 r Tom Cole
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28 1053
-3-
DECLARATION OF'TOm COLE

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EXHIBIT A
1054

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4 EXHIBIT A
CITY OF TEMECUL4

FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA12-0041
Project Description: A Elinor Modification to a.Cood€tionai Use Permit (PA07- 0314) for a Type47" ABC license (on -sale general) to
allow for dinner entertainment f't i 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, 022-436-011
MSHCP Category: NIA
IL y CIE!NIA
st -, 'et 9y tt
TUMF Category: NIA1-
Approval Data: February 28, 2012
r r
Expiration bate: February 28, 2014

PLANNING DEPARTMENT
Y I}
Gen -"at i0gUiTen1e111$
1, Thb applicant and dwnor of the real proper6r sr,i)ject to this "Onditlof.) S)tL hareby agree to inerrl0y; prt)tect, hr; ld harmless; and del€end the City Wtrr Legal Coin el''bf fh" City s own selectioFi from any and all.olainzs, actions, -_aGMtds, judg"rrt , or against the City to a#toch, set asld�_,, annuf,'or s6e.k monetary darr+ages resoiting, direotly or indireclly, from any action in.; fustn€ararceQr aftiri ..trfe approval of the. City, or any aygftcy or Instrrkrr entality thereof, adviscli I agen' aponi bvard`or le islat�ve't� iely irtcludiri 'ac tlbns approved,b - the voters of the City, concerning. -the !Tanning App;icallon. The City shrill be deenoed for purposes of. this condition, to inc;IufJe any agency or Instrumentality thprem, or any of its eldcted or appointe{l officials, officers, employees, consultants, coptract6rs,;legal counsel, and agents. City shall prnrr ptiy'notlfy both Rhe appkant and lar dawnor of any clairn, action, or proceeding towhien this conditlon Is ppffm- ble and shal!`: rUrther cob-perate fully in ihe defense of :ire action: The City reserves the right to We any and a.) action the Cite deems to be in the best interest of the City and its citizens in regards try such defense. 2- The applicant shall comply with their Statement 4 Opembons, on Ile with the Planning Department, unless .;superseded by these Coriditlons of Appro at. 3, This Conditional Use Permit may be revakt d pursu ril to 5ectidn 17103.080 of the Clty's Developr-nent Code.

WPLANNINM20121PA12.0041 Snjik of Moximn Farad hid"0§INA4 COA-CUP.00'_

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4, The GiVy, and its Planning Director. PlannIng Commisslon,-and 'clty Connell retain and reserve the . rightand 10sclIcUor tQ review and :m0ify this CondItionaWse Permit (includirig the Conditions
tions of Approval) based on changed circumszinc.eEi. -C . h anged,ci rcurristances 6hhe,:6usin 2,7 include, laut,,Are not 11mited to the modification of a change in scope, emphasis, size or nature of the business, and the expans lon; alte ra6n, recdrifigurati6h or change of use. The1eservation of tight to review any Conditional.Use Permit granted -or approved or car 0jonally approved hereunder., by the City, its Planning L)Ireotor, Manning Cpm.mlsslon. and,Q'Ity Council is in aadilion to, and nouin-flevof. the right of the City: Its Planning Nrector, Pfanning Commission, arid � C4 Council to review anti revoke ornlodify&rly Corldltion4o se PermIt approved or Conditionally approved hereunder for any violations of the Imposed posed on such Conditional U-se Permit or for the Maintenance of any nuisance condition or other code.vlolatiori.lheraofl.

F) The permitleastial[ obtain CityapproVal for any modifications o.r revisions to the approval of this CondIflorial Use Permit.

6. The pei'mittee shall submit minor modification applicatIon to be a0provb4for any exterior changes made to the building, including any f9ndng-pr gates that may be constructed in -the future.

This approval shall be Used withIn two years of the a
Pproy.bi date; otherwise, its hall J ecomD
By use is thebegi null and yald nni ng of substantial cons tfuPtion contemplated by -eafter c000 A. rsued to, completion,
!his a pproa I within t ke two-year, period, which isfh er or the beginn ing 6f substantial Lj 61 zatton conte rnplated'by t )is j R E T
If commence mqri.t6f th-e use has not occurred within , " year's of approval of this permIt, the maypermittee O� file an appI ication at lest -thin ,.days pr or tb expiration, of the Cc) nd Igo nal Use -1p'n§1 Perml t, apply for up to � 3 one ybar �ex ons of time. Each extension of tirne shslff bb
,granted in one-year Increments only.

Indoor din(ier-fint6rtainmeni'consistitig of anie keyboard played with One vocalist for the. purpose of pr6v.iding,-bgckto'dnd'music is prirrnitti: d dailyjrorn noon until 10:00 p.m.

Prior to an employee saiiialcohol from ttilat ilit y, the alcohol licensee or.employerfor thefacility shallensure that : ` ii'on Afcohoi and ployei3 has raceiveo Licensee Educatioi
Drugs. (L. EA. Q .), or received tra Iningfrom"ah other program 0ftlNd by the CAlifornla.

Department of Alco-If.ollc Beverage Control. (As amended"at 131 rdctor's'fleari n g or:

An 85*0 V(or 4xqor)sign listing locai tfarisoortationservice p,roviders.'-and corresponding telephone n urn bers shall be posted at a Wns.plcuous:location VMffn the building . toy assist in the compillallon of this slg6ma'V. be. obtained through 1he Te .hiecu i . a Valley Chamber of Commerce (telephone. number 951 -678-50PG),

2. Regular hours of operation shal I be. as, follows: - Monday -Thu rsday 11 a I 61o, 10 1), rn., Friday I I a. I n. to 11 p.m., Saturday 8: a . m, to. 11 m. and - Sunday 8: - 6i m-to 1 0 p.rn, On holida YS
{including C, I " G 0- Do ma�'� yo).Vie facility shall k e parmitted to close'at midnight. The sale o.f albohollc beverages, shall ease atil 0 p.rn, Monday-Thuniday and,SundaY. The sale of alcohol shall,,caase at 11 p.m. on Fridays and Saturdays. To dIstIngoish beWeen ABC,. requirements relat6d to sale, servlce� anti consumption, the consumption of alcohol shall coaso no later than one. hour;'aftiir closing. (As amended mended at Directors Hearing on 1/3108)...

G.TLANNINGQ50UTA12-00411 Bank of Mkran Food MQWPlannW9T!-JN' C(,A-CLJF1,joc 04i

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13. A separaWbuilding permit shall be obtained prior to the commencement of construction, tenant irnprgvernent or rather interior or, extedor irnprbvernents requiring building errn3ts.

14. All of the foregoing conditions shall be,,complied.,with'prior to occupancy or any use allowed by this permit.
li

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 conditierts will be,. based an occupancy, use, the Callfvrnia BuIlding Code (CEIG), Cali€ornia-Fine Code (CFC), and. related codes which are In force at the time of building plan,subniittol.

16. During remodeling andloradd1 an constn,.W.tlon ALL:F1RE and LiFE;SAFE;1-Y SYS-FEM i wiil `
be maintained in working. -ordar and ' up to their original design and poradrrr+ance specifications {CFC ar#.8T el al}.
�� 'iflr 17
The applicant shn1l c,ofrpiy 4vith the raquIremer�is of tide Fire :Cody permit prracess and cl�;at7gss in tie its rns'ancl gantlt4s`aiproved as ittof their Fire Code permit, "• '"-c x��r'',
updateairy
These changes shah be submitted to the Fire Pre~veh ioil Buraau ferreview anfi;appravac per ,;
fhe Fiade!and is subject.to inspection (CFO 105).
1B.

Pdor to.'rssuAnce 6f bU#Idrng permit, any chariges efsect�ng the fire sprinkler system shall k =
require a permit for1he fire sprinkle' system Plans shall be. submitted to the Fire Prevention Ruyeaij: for approval. Three sets of sprinkler. plans mist t✓e scrbmitted by the Installing contraotor, to the Fire Preventlo[r Bureau.

19. Prlbr to isstr6irie of building perrr7lt any changes affecting the lira alarm systerRt shall requSre a permltforihd fire alarm sy�tern, Plans. shall bpsubmitte� to the Fire Prevention Bureau for approval; Three sets of aiarm,plaris must be suhmitted by fhe.,instailing contractor to the Fire p 1lF3fltkiirf Bureau: if aby cUQk}P . ajapliar$EeS iaav t]i?Lrl "added and t}18. h04d extinguishing system is not tied into the lira alarm systorfj it -.%fll be required] ,lo da so. i s - ij;. :10 .'
COMMUNITY aRVCES'3EPAFTPAFNT
ti IrF, ,
�.. General Requlyd impts :.

20. The developer steal! contact the City�s arichised solid waste hauler for disposal of t
constructlon grid demolition d 66-5. Onlry {}!e C}ty'S 4rar�chisee;rtay hat co>lstruc€it�n debris; ®r
a � 21.

The Applicant shall comply with the PubIIC Art Ordinance Details of the ordinance can be located on;the CI ?s webs ite at wvv w,catyoftemeculaerg, undor Ct)apter 5,08 of the Municloal Code.
22,
Prior..tu issuance of building permits; the dev's•loper shall provide TG,9D verification at arrangernents made with the City}s:tranchise solid waste h uleF;fardio-sposal o€canslru Aion and demolition debris.

CIPLANNINGV0121PA12-0041 Etknk of Wxiran FoodMODTlo fair 1 1 AL WA-CUP-doc 11�

Page 445 ends

l:J

POLICE EPARTIVIENT
General equtrements
23- Applfcan.t har:apptied for a Tyke 47 (an-sale !genera I -.eating place) through the Riverside Dlslrict Office. of Alcoholic Beverage Control, Authorizes the sale of beer, wine and distilled spirits for consumption on the licensed pre-rnises. Authorizes.the sale of beer`and wide for consumption on the licensed premises. Must operateand maintain lhb licensed premises as a bona fide ealing:piace, Must make actual and substantial sales of meals, .during the normal areal hours that they are open. at least five days a week. Normal rneallimes are 6 00 9:00 a.m.,1 f-,00 p.m., and 6:00 p.M,.. - 9:00 p.ra,. Premises ttlat �nrs lot open five days a week must -serve meals on the days tl ayare open. Minarsare 1ilinwed orl the prerWses. 7be applicant: currently has a Type 41 (ori-solo deer aril wine}. 24, Applicant will also comply with City.0rdinance 97-07, (9.14.010 Ternacula Murficipat Code series).

25.. identification wlll=bs vdriiled utllfxing one of the following. a. A valid California driver's license
Y.
b, A valid Callfomia.,identifrcation card
c. A valid`tnilitary Idenliticatlon curd(ac#iv.e�'ressrvefretiredfdppendertf} d,,., A valid driverrs license from any of the fl4y'State$. or Tefritoi es of the Limited 5iates e, A valid q.rS. Passport
f. A valid governmontissued identification card issued by.a F--tfer 1, State, County or :
ti€y agency

26. As noted above,' only a valid gover nmei n'. Issued identitcation card issued bya Federal, :.

State, Co► n[y 'Qr City (Mbnicfpal) agency is acceptable, providing.it ccm0kes with the below _
requirements (5660 kisiness and Profession Code):
ai.. Name of person
b. Date of bloh
�. C. PhyslGal description r I,f
zfr s {
d. 'Photograph "' `
ZY. d
;r
s, Curr ntly valid(not expired) l'
7,- Appilcaritwill ensure all employees involved with the sales, service and i. ntiflcatf6h elleeks for the purpose ref any sans of alcohollc beverages is trained in the proper procedures and Identificatlon check; . For Phis reason, the Temecula Police Department has unposed a mandatuy training for all employees involved in the service and sales of afcakolic pe3verages. Also, the: Terecula Police, Department conducts are `Alcohol Reylew Board,for all new buslnesses with a Type 47,licensd. Contact the Ten7ncula FnliCg Crime Preverition and Flans Off°icerat (951) 635-2773 io.setup a training date. An Alcohol Review Sward has been scheduled for Wednesday, December42, 2007 at 10--00 a:rri, at: he Police Mail off .

Trainlrig and review board must be completed pnor to the usage of the Type 47 license.

Appilcantwiil.ensure all now emplayeesJmapagomentpersonnet are trained in the use and service of- alcoholic.-h4verages.. All atcohof training is provided free. of charge by the Temecula Police Dep'artment:
( �ITLrANt4lNCL?0121PA12.004 t 8arik ad hl,,ox]c n Foal t{ ODTIannI IFINW. COR GURdac 10'58

Page 446 ends

Miscel[aneaus:
a. Af ter Hours:l licensees may not sail, give.,,or deliver alcohol (by the drink or tsy than package) between 2:00 a.mn and.,6:00 a i'r�f the sane day. No person moy knowingly pumhase alcohol between ,2:0m,
0 a.m. and 6:00 a.n3, (Section 25631 B&P
code). Licensees . -nay not permit patronsor employees to consume alcohol between 2'00 a,m, and 6:00 a.rn, of the same day (even if someone bought 111b drink5 before 2:00am). (Section 25632 S&P), ..Some ABC licenses have specW con0lpns (restrictlons) as to hours,!of sale that are stdOer,than (he law. Those license, are marked 'Conditional." (23805 S&P)..
b. Authority of Peace officers/Refusing'Inspectiori: Police otfice'rs. sheriff's;depufli s and. ABC Jnvestigators are swurn.1aW Onforcernent officers (peace Mcars) with p9�vers.of arrest, Whathe' `In plainclothes or uniform, peace offlcer^s have the legal right to visit and Inspect arty licensed prey -rises at any time.during business nburs without a search warrantor probable cause. ;This Includes Inspecting the tear arid:
back bar, store room off be-; closed or; lacked cabinets, safes, kitchen, or any other area within the f eensed;prernlse 3 it.is isyal and reasonable for licensees to.exclude the pubiicfrorn some areas of life prermses. How�,iever, tlaens�es cannofarid n�ust- not deny entry to, resist, delay, obstruct, or assault a peace of leer. {Secilons G5616. 25753, and 25755 B&P; 148 and 241(b). i'C), if
isordbrly Hausa #cenL�ees may not pen -nil their.11ccerrsed premises to becorne a disorderly house. A disorderly Louse. is a 'licensed outlet (can or off -sale) that dlstd,.bsneighbors with noise, loud rrur5(O, lnitaiingw:lIttaring, vandalisrn, Urination or .defecatlon, graffiti, etc., andlor (b},(nos ri�ar�y or�gafno orlmes Inside such as drunks,:
fights, assaults, .prostitrrtlorr, na c?tlrs, etc, The licensed premises include the parkin lot. (Secti6n:25601 B&P; 316 PC),
Entertainers and Conduct: Gh-sale lice bsees who OerenierUnir em'rnustabideby thb fallowinje males: 41). No Ilcehseei shall pOrnrit any person to perform acts of or arts vitilct !simulate; : ia) $axual intercourse, mastuiiaatio€t; sodarny, bestiality, oral copulation, flageliation or any sexual:acts:which are proh bited by law. (b)_ The touching, caressing or fondling on the; ireast, buitacks, anus or genitals. (c) The displaying of the pubic hair, antis, vulva ar genitals. k j Subjeut to the provisions of subdivision..l1) hbreof `enfertai4rs�whose breasts andlor tluttocks are exposed to view shall pea -form only upon a stage aft least 18 arches above the Immediate go or. level and removed at lea A slxfeet fran the nearest pat�r�n No lici~nsee strall'permit anyperson;to remain, in or upon i the,M;erasea- premises*ho exposes 16 pubiloview any pbrtioii.of his'or her ganitals'or 6hus. (Rule 143.3 CCR. Also violates sectlons 31 1.6 P.0 if conduct is ' bscene,'' e.g., intercourse, -�odofriy, rnastifrbatian, etc.) e, Alcohol KeV19W 00WO: A review board tivill ,..cony' ne with lire appiicariC' on Wednesday,, decomber 'f2, 2007 at 10:00 ,a,m. at the PoliceMail:8torefront r con
torenbe room. FlnaI r000n rner'tdations o ABC Riverside will. be forw,;arded under separate cover.

EXHIBIT B
1060

Page 448 ends

City of Temecula
Community Development Department
Code Enforcement Division
41000 Main Street • Temecula, CA 92590
Phone {951) 302-4144 • Fax (951) 694-6487 • www temeculaca gov Zip Third Investments, LLC
3055 Wilshire Blvd Suite 1010
Los Angeles CA 90010
Attention: Norman S Sullivan
Re: 28645 Old Town Front Street, Temecula, CA 92590
The purpose of this correspondence is to inform you that activities that are violating the Temecula Municipal Code are occurring at your property from the tenant operating as The Bank. Ongoing and current violations include the business being open beyond the permissible operating time of 11:OOPM. The City of Temecula Code Enforcement has been issuing, and will continue to issue, civil penalties for these violations.

Ifyou have any questions regarding this matter, please contact me at (951) 302-4116.

Sincerely,
Tom Cole
Field Supervisor -Code Enforcement
City of Temecula
CC' Brian Clements, Building Official
Luke Watson, Deputy City Manager
Jennifer Petrusis, City Attorney
llcityo1.E 'Twpatyt)wil�r heRj'k 20AUG202I.doc06

Page 449 ends

EXHIBIT C
1062

Page 450 ends

G / of Temecula
Community Development Department
Code Enforcement Division
41000 Main Street - Temecula, CA 92590
Phone (951) 302-4144 o Fax (9511 694-6487 - wwwsemeculaca.gov

CIVIL PENALTY

KHOTICE AND ORDER
GNC Puma Corporation
Brad Landon, Agent for Service
28693 Old Town Front Street Suite #300
Temecula CA 92590
Re: 28645 Old Town Front Street, Terecula, CA 92590
On February 26, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code.

17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties.

The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties.

Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine.

If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely,
Tom Cole
Field Supervisor -Code Enforcement
cc: Brian Clements, Building Official
Luke Watson, Deputy City Manager
Jennifer Petrusis, City Attorney
Amanda Moore, Manager
Norman S Sullivan, Property Manager
1\(:ilyoRemeouIa. orglsIlares\I)wrs\Tom.ColoxC0L.F'I\riviIpenalims rlic13ank.G3.7.rI`E112022.doc 1063

Page 451 ends

G of Temecula
F41
unity Development Department
Enforcement Division
Main Street • Ternecula,•CA 92590
Phone (951 ) 302-4144 • Fax 1951 i 694-6467 • www.temert.ifiaca.gov CIVIL. PENALTY
N01"I(r,E AND ORDER
CNC Puma Corporation
Brad Landon, Agent for Service
26693 Old Town Front Street Suite #300
i Temecula CA 92590
Re: 211645 Old "Town Front Street, Temecula, CA 92590
On March 4, 2022, 26645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code.

Pursuant to Temecula Municipal Code § 1.24,040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17,04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties.

The factors used by the City.Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties.

Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misderneanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine.

If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely,
Tom Cole
Field Supervisor -Code Enforcement
cc: Brian Clements, Building Official
Luke Watson, Deputy City Manager
Jennifer Petrusis, City Attorney
Amanda Moore, Manager
Norman S Sullivan, Properly Manager
\\cityolieme ila.orglshnres\I,lsers\"fom.C'olr;,C'C)Lfi11civiIpmmiios-Thellank-04.04MAR2022.doc

Page 452 ends

G/ of Temecula
Community Development Department
Code Enforcement Division
41000 Main Street • Temecula, CA 97590
Phone 1951) 302-4144 - Fax (951) 694-6487 • www.teiii(� culaca.gov

CIVIL PENALTY

NOTICE AND ORDER
CNC Puma Corporation
Brad Landon, Agent for Service
28693 Old Town Front Street Suite #300
Temecula CA 92590
Re: 28645 Old Town Front Street, Temecula, CA 92590
-On March 5, 2022, 28645 Old Town Front Street, CA 92.. i90, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code.

Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve: as your official "Notice and Order" to fray a tine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code §

17.04,010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500,00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties.

Please be advised that each failure to comply with the Temecula'Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine.

If you have any questions regarding this matter, please contact me at (951) 302-4116.

Sincerely,
Tom Cole
Field Supervisor -Code Enforcement
cc: Brian Clements, Building Official
Luke Watson, Deputy City Manager
Jennifer Pelrusis, City Attorney
Amanda Moore, Manager
Norman S Sullivan, Property Manager
fti iyo [Iefrieco la.orbNdw reslLNursVl_on l.Colc1C(J LLTlcivilpenai ies.Thc:Bank.65.05MAR2022.dtic 1065

Page 453 ends

City of Temecula
Community Development Department
Code Enforcement Division
41000 Main Street o Terecula, CA 92590
Phone (951( 302-4144 • Fax (951) 694-6487 • www.temcculaca.gov

CIVIL PLC''

NOTICE- AND
CNC Puma Corporation
Brad Landon, Agent for Service
28693 Old Town Front Street Suite 4300
Temecula CA 92590
Re: 28645 Old Town Front Street, Temecula, CA 92590
On March 11, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04,010, (Conditional Use Permit), of the Temecula Municipal Code.

Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation Is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine.

If you have any questlons regarding this matter, please contact me at (951) 302-4116 Sincerely,
Tom Cole
Field Supervisor -Code Enforcement
cc: Brian Clements, Building Official
Luke Watson, Deputy City Manager
Jennifer Petrusls, City Attorney
Amanda Moore, Manager
Norman S Sullivan, Property Manager
1;ciryollemccula.org'�hare,llJsers\Tom.Colelf,'OLFT'Icivilpenaties.'fherianl .GG.I I MAR2022A)c

Page 454 ends

City of Temecula
Community Development Department
Code Enforcement Division
41000 Main Street • 'remecula, CA 92590
Phone 1951) 302-4144 • Fax 1951) 694-6487 • www.temecufaca.gov * A.

CNC Puma Corporation
Brad Landon, Agent for Service
28693 Old 'Town Front Street Suite #300
Terecula CA 92590
Re: 28645 Old Town Front Street, Temecula, CA 92590
On March 12, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04,010, (Conditional Use Permit), of the Temecula Municipal Code.

Pursuant to Temecula Municipal Code § 1.24,040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17,04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties.

Please be advised that each failure to comply with the Temecula Municipal Code Is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine.

Please pay this fine within 30 (lays of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21.

If you have any questions regarding this matter, please contact me at (951) 3024116.

Sincerely,
Torn Cole
Field Supervisor -Code Enforcement
cc: Brian Clements, Building Official
Luke Watson, Deputy City Manager
Jennifer Petrusis, City Attorney
Amanda Moore, Manager
Norman S Sullivan, Property Manager
Ucilynllemecula.Urµl,h;irrs`Users\"Iom.Cule\('pl..[ vilpenalies.Thel3ank.G7.121v1Ar(2022.doc 1067

Page 455 ends

city of Temecula
Community Development Department
Code Enforcement Division
41000 Main Street • Terriecula, CA 92590
Phone (951) 302-4144 • Fax 1951) 694-648 % • wvvw.terr)eCulaCa.qov

CIVIL PENALTY

OTI E AND ORDER
CNC Puma Corporation
Brad Landon, Agenl for Service
28693 Old Town Front Street Suite #300
Temecula CA 92590
Re: 28645 Old Town Front Street, Temecula, CA 92590
On March 16, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17,04.010. (Conditional Use Permit), of the Temecula Municipal Code.

Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fins; of one thousand dollars ($1000,00) for continued violations of the Temecula Municipal Code §

17.04.010. Continuing violations of this ordinance will lead to the daily ac&ual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties.

The factors used by the City Manager andfor his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties.

Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing fora/ within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely,
Torn Cole
Field Supervisor -Code Enforcement
cc: Brian Clements, Building Official
Luke Watson, Deputy City Manager
Jennifer Petrusis, City Attorney
Amanda Moore, Manager
Norman S Sullivan, Property Manager
1\ci iyci fi emacuh.or�lsharesUlsarsCrirm.C:'olc\CQI,.E'I"\ci vi Ilycnm ius: I"hcfi�nk.fi8 181VIAR2.022.doc

Page 456 ends

city of Temecula
Community Development Department
Corte Enforcement Division
4) 000 Main Street P Temecula, CA 92590
Phone 1951) 302-4144 • Fax (951) 699-6487 • www.temeculaca,gov CNC Puma Corporation
Brad Landon, Agenl for Service
28693 Old Town Front Street Suite #300
Temecula CA 92590
Re: 28645 Old Town Front Street, Temecula, CA 92590
On March 19, 2022, 2.8645 Old Town Front Street, CA 92590, was found to be In violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code.

17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of LIP to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties.

Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each vlolation is a misdemeanor carrying a potential penally of six months in jail and/or up to a $1,000 per day fine.

Please pay this fine within 30 days of issuance, if you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21.

If you have any questions regarding this matter, please contact me at (951) 302-4116.

Sincerely,
Tom Cole
Field Supervisor -Code Enforcement
cc: Brian Clements, Building Official
Luke Watson, Deputy City Manager
Jennifer Petrusis, City Attorney
Amanda Moore, Manager
Norman S Sullivan, Property Manager
1Sciryc, flcntceula.urys\shnresll.fsers� rnm.C;nle;('Q 1.1 i'T'`.civilpcnatics.'f hel.3unlc.69.19MA R�022.dnc 1069

Page 457 ends

City of Temecula
Community Development Department:

Code Enforcement Division
41000 Main Street • Temecula, CA 92590
Phone; (951) 302-4144 • Fax (951) 6946487 • www.temeculaci.gov

CIVIL PENALTY
"ICE AND ORDER
CNC Puma Corporation
Brad Landon, Agent for Service
28693 Old Town Front Street Suite #300
Temecula CA 92590
Re: 28645 Old Town Front Street, Temecula, CA 92590
On March 27, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code.

Pursuant to Temecula Municipal Code § 1,24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one thousand dollars ($1000.00) for conlinuod violations of the Temecula Municipal Code §

The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence, The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties.

Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing lorm within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely,
Tom Cole
Field Supervisor -Code Enforcement
cc: Brian Clements, Building Official
Luke Watson, Deputy City Manager
Jennifer Petrusis, City Attorney
Amanda Moore, Manager
Norman S Sullivan, Property Manager
\lciiyoticmecuh,m•�(shures�l Jscr;lTom.('Diet(::(:)Ltihcivilpenrilies."fhe[i�nk70.27MAIt2(132dac 1070

Page 458 ends

city of Temecula
Community Development Department
Code Enforcement Division
41000 Main Street • Temecula, CA 92590
Phone (951) 302-4144, • Fi°ix (951) 694-6487 • www.trrnec:ulaca.gov CNC: Puma Corporation
Brad Landon, Agent for Service
28693 Old Town Front Street Suite #300
Temecula CA 92590
Re: 28645 Old Town Front Street, Temecula, CA 92590
On March 28, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code.

Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine or one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code §

If you have any questions regarding this matter, please contact me at (951) 302-4116.

Sincerely,
Tom Cole
Field Supervisor -Code Enforcement
cc: Brian Clements, Building Official
Luke Watson, Deputy City Manager
Jennifer Pelnisis, City Attorney
Amanda Moore, Manager
Norman S Sullivan, Property Manager
NNciryonell ccula.inglshares\l ISci�� I'om.C'ole\LOLL"r1c.ivilpunaiies.flwBank.'11.2HMAIt2.U22.doc. 1071

Page 459 ends

Cif/ of Temecula
F
unity Development Department
Enforcement Division
Main Street • TemccuL�1, CA 92590
Phone (951) 302-4144 • Fax (951) 694-6487 • www.terneculaca,gov CIVIL € ENALT

NOTICE AND ORDER
CNC Puma Corporation
Brad Landon, Agent for Service
28693 Old Town Front Street Suite #300
Temecula CA 92590
Re: 2B645 Old Town Front Street, Temecula, CA 92590
On April 1, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code.

Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order, to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code §

17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties In an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties.

Please pay this fine wilhin 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951) 30241116.

Sincerely,
Torn Cole
Field Supervisor -Code Enforcement
cc: Brian Clements, Building Official
Luke Watson, Deputy City Manager
Jennifer Petrusis, City Attorney
Amanda Moore, Manager
Norman S Sullivan, Property Manager
C:',User,\u'nn.cute\AppDnia' Ro��tniupl v1icrosnRiwordlAuloltccuvery save urcivilpcnalies: nccHniik.77.01 A PR202.2.ns(klue 1072

Page 460 ends

city- of Temecula
Commun ty Development Department
Code Enforcement Division
41000 Main Street • Temecula, CA 92590
Phone (951 J 302-4144 • 1:", (951) 694-6487 • www.terneculacax ov

CIVIL PELT

NOVICE AND ORDER
CNC Puma Corporation
Brad Landon, Agent for Service
26693 Old Town Front Street Suite 1/300
Temecula CA 92590
Re: 26645 Old Town Front Street, Temecula, CA 92590
On April 2, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code.

Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine: of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code §

17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day, The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties.

The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidr;nce. The City Manaqer and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties.

Please pay this fine within 30 days of issuance, If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21.

If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely,
Tom Cole
Field Supervisor -Code Enforcement
cc: Brian Clements, Building Official
Luke Watson, Deputy City Manager
Jennifer Petrusis, City Attorney
Amanda Moore, Manager
Norman S Sullivan, Property Manager
C: �Clsets//om.colelAppUalallioaming\MicrosulllWerd\Auloliccovuy save oreivilpenutics:l'het:�nnk.'13.U2A1'R7.(12?.ascl.due 1073

Page 461 ends

city of Temecula
Community Development Department
Code Enforcement Division
41000 Main Street • 'remecula, CA 92590
[Jhone i951) 302.4144 • Fax i951) 694.6487 • www.tomeculacai.gov

CIVIL PENALTY

NOTICE AND ORDER
CNC Puma Corporation
Brad Landon, Agent for Service
28693 Old Town Front Street Suite #300
Temecula CA 92590
Re: 28645 Old Town Front Street, Temecula, CA 92590
On April 8, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17,04.010, (Conditional Use Permit), of the Temecula Municipal Code.

Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000 00) for continued violations of the Temecula Municipal Code §

17.04,010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties.

The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil .penalties were the past history of warnings and/or citations, and additional evidence, The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties.

Please be advised that each failure to comply with theJemeeula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail andlor up to a $1,000 per day fine, Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21.

If you have any questions regarding this matter, please contact me at (951) 302.4116.

Sincerely,
Tom Cole
Field Suporvisor-Code Enforcement
ce: Brian Clements, Building Official
Luke Watson, Deputy City Manager
Jennifer Petrusis, City Attorney
Amanda Moore, Manager
Norman S Sullivan, Property Manager
(':\hsers\u,m.eolelApply+u+t\Roaminsli�licrosufllWordlAutuftccuvc+y save nreivilpenatiex.'rheHlmk.74.08APR202.2.nsd.doc 1074

Page 462 ends

01 of Temecula
Community Development Department
Code Enforcement Division
41000 Main Street • Temecula, CA 92590
Phony' (951( 302-4144 • Fax (951) 694-6487 • www.ternec:ufara.gov

IVIL PENALTY

NGATI AND ORDER
CNC Puma Corporation
Brad Landon, Agent for Service
28693 Old Town Front Street Suite 4300
Temecula CA 92590
Re: 28645 Old Town Front Street, Tomecula, CA 925W
On April 9, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17,04.010, (Conditional Use Permit), of the Temecula Municipal Code.

17.04.010, Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties.

If you have any questions regarding this matter, please contact me at (951) 3024116.

Sincerely,
Tom Cole
Field Supervisor -Code Enforcement
cc: Brian Clements, Building Official
Luke Watson, Deputy City Manager
Jennifer Petrusis, City Attorney
Amanda Moore, Manager
Norman S Sullivan, Properly Manager
C':1tJ5cec\�om.colt:\Apt�Daia\RoaminglMieiY�si.�11�4Vorrt\AwaRecovery swt- afcivilpenaiics.'I'heFSonk.�5A9,4PR.1.117.2.asd.doc 1075

Page 463 ends

City of Temecula
Community Development department
Code Enforcement DMSion
40 Main Street • Temecula, CA 92590
Phone (951) 302-4144 • Fax (95 1) 694-6487 • www.temeculaca.gov

CIVIL PENALTY

NOTICE AND ORDER
CNC Puma Corporation
Brad Landon, Agent for Service
26693 Old Town Front Street Suite 4300
Temecula CA 92590
Re: 28645 Old Town Front Street, Temecula, CA 92590
On April 16, 2022, 26645 Old Town Front Street, CA 92590, was found to be in violalion of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code.

Pursuant to Temecula Municipal Code § 1,24.040 this correspondence shall'serve as your official "Notice and Order' to pay a fine of one thousand dollar:; ($1000.00) for continued violations of the Temecula Municipal Code §

If you have any questions regarding this matter, please contact me at (951) 302-4116, Sincerely,
Tom Cole
Field Supervisor -Code Enforcement
cc: Brian Clements, Building Official
Luke Watson, Deputy City Manager
Jennifer Petrusis, City Attorney
Amanda Moore, Manager
Norman S Sullivan, Property Manager
G:UJscrsVom.co10\AppGaia\KonInintlMicrosoMWord\A(Ito Recuvery 'save ofcivilpenaties:l'hel3nnk,7(L LSAPR2(J?.2.tud.Juc 1076

Page 464 ends

cif/ of Temecula
Community Development Department
Code Enforcement Division
41000 Main Street • Temecula, CA 92.590
Phone (951) 302-4144 • Fax 1951) b94-6487 • www,temecula(:a.gov CIVIL., NI ALTY

NOTICE AND ORDER
CNC Puna Corporation
Brad Landon, Agent forService
28693 Old Town Front Street Suite #300
Temecula CA 92590
Re: 28645 Old Town Front Street, Temecula, CA 92590
On April 16, 2022, 286415 Old Town Front Street, GA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code, Pursuant to Temecula Municipal Code § 1,24.040 this correspondence shall servo as your official "Notice and Order" to pay a fine or one: u1crosand doli<:us ($1000,00) for continued violations of the Temecula Municipal Code §

17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine tho daily amount assessed for any additional Civil Penalties.

Sincerely,
Tom Cole
Field Supervisor -Code Enforcement
cc: Brian Clements, Building Official
Luke Watson, Deputy City Manager
Jennifer Petrusis, City Attorney
Amanda Moore, Manager
Norman S Sullivan, Property Manager
C:\tJsrrs\tom.colelAppDnt,r\Roinning\Micrusofllwotd\AuuoRecovcry save ofcivilpenalies.TheBaiik.77.16APR2022.asd.doc 1077

Page 465 ends

Qty_Qf Temecula
Community Development Department
Code Enforcement: Division
41000 Main Street , Temecula, CA 92590
Phone (951) 302-4144 • Fax (951) 691-6487 - wvvw.tenieculaca.gov

CIVIL PENALTY

OTIC' E AND OFZDER
CNC Puma Corporation
Brad Landon, Agent for Service
28693 Old Town Front Street Suile 11300
Temecula CA 92590
Re: 28645 Old 'town Front Street, Temecula, CA 92590
On April 29, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code.

Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17,04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500,00) per day, The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties.

Please be advised that each failure to c:ontply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine.

Sincerely,
Tom Cole
Field Supervisor -Code Enforcement
CC: Brian Clements, Building Official
Luke Watson, Deputy City Manager
Jennifer Petrusis, City Attorney
Amanda Moore, Manager
Norman S Sullivan, Property Manager
CAUwr. turnx0c'AppW!4U .RoamingWiciuso11%WordNAutolk .covury Savo ��rcivilpenatiuS:rh a3unk.7R.29A1'R'1.g22.iiscLdr�e 1078

Page 466 ends

G/ of Temecula
Community Development Department
Code Enforcement DMsion
41000 Main Street � Temecula, CA 92590
Phone (951) 302-4144 • fax (951) 694•6487 - www.temc.culaca.gov

CIVIL PEI AL

NOTIG' IN DES
CNC Puma Corporation
Brad Landon, Agent for Service
28693 Old Town Front Street Suite #300
Temecula CA 92590
Re: 26645 Old Town Front Street, Temecula, CA 92590
On April 30. 2022, 261345) Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code.

17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to delermine the daily amount assessed for any additional Civil Penalties.

If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely,
Tom Cole
Field Supervisor -Code Enforcement
cc: Brian Clements, Building Official
Luke Watson, Deputy City Manager
Jennifer Petrusis, City Attorney
Amanda Moore, Manager
Norman S Sullivan, Property Manager
(; :11Jsrrsuan7.Cole\App[MIrARoarning':Microsull;WmdlAurnRecovery save orcivilpataries: fltel3mtk.7i).30A PR202.2..,isd.cloe 1079

Page 467 ends

_ten-.
city of Temecula
T
ommunity Development Department
ode Enforcement Division
000 Main Street 4 Temecula, CA 92590
Phone 1951) 302-1 144 • Fax 1951) 694.6487 • www.terriElC(Alaca.gov

CIVIL PENALTY
NOTICE-_ AND ORDER
CNC Puma Corporation
Brad Landon, Agent for Service
28693 Old Town Front Street Suite 4300
Temecula CA 92590
Re: 26645 Old Town Front Street, Temecula, CA 92590
On May 6, 2022, 28645 Old Town Front Street, CA 92590. was found to be in violation of Section § 17.04.(110, (Conditional Use Permit), of the Temecula Municipal Code, Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code §

The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings end/or citations, and additional evidence. The City Manager and/or his designee reseryes the right to determine the daily amount assessed for any additional Civil Penalties.

If you have any questions regarding this matter, please contact me at (951) 302-4116, Sincerely,
Nadya Bagdasarian
Code Enforcement Officer II
cc: Brian Clements, Building Official
Luke Watson, Deputy City Manager
Jennifer Petrusis, City Attorney
Amanda Moore, Manager
Norman S Sullivan, Properly Manager
(:':1lJserslh,ntculc`,Appl)earlRuauiin(;\Microso111Wardl,AutitRcarvory st1w ofcivilp�nativs.'fhef3ruik.60„O6MA1'7.02? asd.doc

Page 468 ends

city of Temecula
Community Development Department
Code Enforcement Division
41000 Main Street • Temecula, CA 92590
Phone (951) 302-4144 • Fax (951) 694-6487 • www.terneculaca.gov

CIVIL PENALTY

NOTICE AND ORDER
CNC Puma Corporation
Brad Landon, Agent for Service
28693 Old Town Front Street Suite W300
Temecula CA 92690
j Re: 28645 Old Town Front Street, Temecula, CA 92590
On May 7, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code.

Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of once thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code §

The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence, The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties.

If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely,
Tom Cole
Field Supervisor -Code Enforcement
cc: Brian Clements, Building Official
Luke Watson, Deputy City Manager
Jennifor Petrusis, City Attorney
Amanda Moore, Manager
Norman S Sullivan, Property Manager
C:1t)serslunn.Ci�lelAppL)a19!Itonming!tvlicrcnoll!Wnrd!Auin)tccovi;iy save ofcivilpi:navies.1'hel3ank.81.D7MAY'L022.asd.ilac

11.

Page 469 ends

City of Temecula
�fT_
F
unity Development Department
nforcement Division
Main Street • Temecula, CA 92.590
Phone (951) 302-4114 -Fax (9511 694-6487 - www.temeculaca.gov

TICE AND ORMER
CNC Puma Corporation
Brad Landon, Agent for Service
28693 Old Town Front Street Suite #300
Temecula CA 92590
Re: 28645 Old Town Front Street, Temecula, CA 92590
On May 13, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code.

Pursuant to Temecula Municipal Code § 1,24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one thomw)d dollars ($1000.00) for continued violations of the Temecula Municipal Code §

17.04,010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an emount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties.

If you have any questions regarding this matter, please contact me at (961) 302-4116.

Sincerely,
Tom Cole
Field Supervisor - Code Enforcement Officer
cc: Brian Clements, Building Official
Luke Watson, Deputy City Manager
Jennifer Petrusis, City Attorney
Amanda Moore, Manager
Norman S Sullivan, Property Manager
\\uityoftemt:culn.orglshareslusersV1'om.Cole1CQLEnviviI penaties. TheBank.82.13 MA Y2022.doe

Page 470 ends

City of Temecula
V
unity Development Department
Enforcemenx Division
Main Street • Temecula, CA 92590
Phone 1951) 302-4144 - Fax (951) 694-6487 • www.temeculaca.gov

CIVIL PENALTY

NOVICE AND ORDER
CNC Puma Corporation
Brad Landon, Agent for Service
28693 Old Town Front Street Suite 0300
Temecula CA 92500
Re: 28645 Old Town Front Street, Temecula, CA 92590
On May 14, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17,04.010, (Conditional Use Permit), of the Temecula Municipal Code.

Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17,04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day, The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties.

If you have any questions regarding this matter, please contact me at (951) 302-4116.

Sincerely,
Tom Cole
Field Supervisor - Code Enforcement Officer
cc, Brian Clements, Building Official
Luke Watson, Deputy City Manager
Jennifer Petrusis, City Attorney
Amanda Moore, Manager
Norman S Sullivan, Property Manager
llcityoRcmccula.orglsharesluscrs\Tom.Col OC'01.F 17civiIpennties.TheBunk.83.14MAY2022.doe 1083

Page 471 ends

City of Temecula
Community Development Department
Code Enforcement Division
41000 Main Street • TcrneCula, CA 92590
Phone (951) 3024144 • Fax (951 ) 694-6487 • www.tcmcculaca.gov a s.

CNC Puma Corporation
Brad Landon, Agent for Service
28693 Old Town Front Street Suite #300
Temecula CA 92590
Re: 28645 Old 1-own Front Street, Temecula, CA 92590
On May 20, 2022, 28645 Old Town front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code.

Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a line of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code §

If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely,
Tom Cole
Field Supervisor - Code Enforcement Officer
cc: Brian Clements, Building Official
Luke Watson, Deputy City Manager
Jennifer Petrusis, City Attorney
Amanda Moore, Manager
Norman S Sullivan, Property Manager
lciiyuflenieculu.orglshares'•.(Jsersl font.CnIe1CC)L[il'\civilpeuali�s:l'het3nnk.84.2UMAY:U'2'2.dac

Page 472 ends

0y of Temecula
Community Development Department
Code Enforcement Division
41000 Main Street • Temecula, CA 92590
Phone (951) 302-4144 • Fax 19511 694-6487 • www.tPrneculaca.gov

CIVIL PENALTY

NOTICE N,D ORDER
CNC Puma Corporation
Brad Landon, Agent for Service
28693 Old Town Front Street Suite #300
Temecula CA 92590
Re: 28645 Old Town Front Street, Temecula, CA 92590
On May 21, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code.

Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thr:rusand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17,04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of tip to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties.

The factors used by the City Manager and/or his designee to detennine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties.

If you have any questions regarding this matter, please contact me at (951) 302-4116, Sincerely,
Torn Cole
Field Supervisor - Code Enforcement Officer
cc: Brian Clements, Building Official
Luke Watson, Deputy City Manager
Jennifer Petrusis, City Attorney
Amanda Moore, Manager
Norman S Sullivan, Property Manager
llcityollemc culn.t>rt lsh,arcs\Usvrsll'orn.Colo\CQ!_L`f',civilpenalies,1 hcl3Emt .85.21 MA Y2022.doe

11.

Page 473 ends

Oty of Temecula
Community Development Department
Code Enforcement Division
41000 Main Street • Temecula. CA 92590
Phone (951) 302-4144 • Fax (951) 694-6487 • www.temeculaca.gov

CIVIL PENALTY
NOTIC4 AND ORDER
CNC Puma Corporation
Brad Landon, Agent for Service
28693 Old Town Front Street Suite #300
Temecula CA 92590
Re: 28645 Old Town Front Street, Temer.,ula, CA 92590
On May 27, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010. (Conditional Use Permit), of the Temecula Municipal Code.

Pursuant to Temecula Municipal Code § 1.24,040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one thousand dollars ($10010.00) for continued violations of the Temecula Municipal Code §

17.04.010, Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties In an amount of up to two thousand five hundred dollars ($2,500.00) per (Jay. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties.

The factors used by the City Manager andlor his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties.

If you have any questions regarding this matter, please contact me at (951) 302-4116.

Sincerely,
Tom Cole
Field Supervisor - Code Enforcement Officer.
cc: Brian Clements, Building Official
Luke Watson, Deputy City Manager
Jennifer Petrusis,•City Attorney
Amanda Moore, Manager
Norman S Sullivan, Property Manager
W;hyonemecuki.erg\shatcAlJsers'••"rc,m.CnIu1C.UlEPeivilpenaiics.Thenank.86.27MAY2022.doe

Page 474 ends

City of Temecula
Community Development Department
Code Enforcement Division
41000 Main Street * Temecula, CA 92590
Phone (951) 302-4144 • Fax (951) 694�6487 • www.tLnieculaca.gov

CIVIL PENALTY
NO-TICEAND DF,'.

CNC Puma Corporalion
Brad Landon, Agent for Service
28693 Old Town Front Street Suite #300
Temecula CA 92690
Re: 28645 Old Town Front Street, Temecula, CA 92590
On May 28. 2022, 28645 Old Town Front Street, CA 92590; was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code.

Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17,04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to deterrnine (lie daily amount assessed for any additional Civil Penalties.

If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely,
Tom COIL'
Field Supervisor - Code Enforcement Officer
cc: Brian Clements, Building Official
Luke Watson, Deputy City Manager
Jennifer Petrusis, City Attorney
Amanda Moore, Manager
Norman S Sullivan, Property Manager
acityotiE,'lNcivilpenill ics: 1le8 utk.87.28MAY2b22.doc 9 1-

Page 475 ends

City of Temecula
Community Development Department
Code Enforcement Division
41000 Main Strr:et • Torne.cula, CA 92590
Phone (951) 302-4144 • Fax (9S I) 694-6487 • www.terneculaca.gov

CIVIL PENALTY
hio-nGE AND ORDER
t
CNC Puma Corporation
Brad Landon, Agent for Service
28693 Old Town Front Street Suite #300
Temecula CA 92590
Re: 28645 Old Town Front Street, Temecula, CA 92590
On June 3, 2022, 28645 Old Town Front Street, CA 92590, was found to be.in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code.

Pursuant to Temecula Municipal Code § 1.24,040 this correspondence shall serve as your official "Notice and Order" to fray a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code §

17.04,010. Continuing violations of this Ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the dally amount assessed for any additional Civil Penalties.

The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager aridlor his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties.

If you have any questions regarding this matter, please contact me at (951) 302-4116, Sincerely,
Tom Cole
Field Supervisor - Code Enforcement Officer
Cc: Brian Clements, Building Official
Luke Watson, Deputy City Manager
Jennifer Petrusis, City Attorney
Amanda Moore, Manager
Norman S Sullivan, Property Manager
Aci tyi.l ltemecula.orgt sha re%WsersM)m.CU ICM�t) L t Nivit peiialies: l'hcLlank.BR.U:iJUN2022.d„c •

Page 476 ends

City of Temecula
F41
unity Development Department
nforcement Division
Main Strut - Temecula, CA 92590
Phone (951 )302-4144 • Fax (9 51) 694-6487 • www.teryieculaca.gov

CIVIL PENALTY

I NOTICE AND ORDER
CNC Puma Corporation
Brad Landon, Agent for Service
28693 Old Town Front Street Suite #300
Temecula CA 92590
Re; 28645 Old Town Front Street, Temecula, CA 92590
On June 4, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17,04.010, (Conditional Use Permit), of the Temecula Municipal Code.

Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to pay a Fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code §

Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdoiricanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine.

If you have any questions regarding this matter, please contact me at (951) 302-4116, Sincerely,
Torn Cole
Field Supervisor - Code Enforcement Officer
cc, Brian Clements, Building Official
Luke Watson, Deputy City Manager
Jennifer Petrusis, City Attorney
Amanda Moore, Manager
Norman S Sullivan, Properly Manager
\,CiiyollcmectI[a.siiooi.COIF\r:.Ot.IiTicivilpwiatics:'fheH:uit ,8).D4JUN'LU2Z.doo l � • 0

Page 477 ends

City of Temecula
r4l
unity Development Department
Enforcement Division
Main Street - Ternecula, CA 92590
Phone f951) 302-4144 • Fax )951) 694-6487 • www.tC.rnc; .atlaca.gov

CIVIL PENALTY
Y

NOTICE AND ORDER
CNC Puma Corporation
Brad Landon, Agent for Service
28693 Old Town Front Street Suite #300
Temecula CA 92590
Re: 28645 Old Town Front Street, Temecula, CA 92590
On June 10, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17,04.010, (Conditional Use Permit), of the Ternecula Municipal Code.

Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fink: of one thousand dollars, ($1000.00) for continued violations of the Temecula Municipal Code §

17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determirfe the daily amount assessed for any additional Civil Penalties.

Please pay this find within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 clays, pursuant to TMC 1.21.

If you have any questions regarding this matter, please contact me at (951) 302-4116, Sincerely,
Torn Cole
Field Supervisor - Code Enforcement Officer
cc: Brian Clements, Building Official
Luke Watson, Deputy City Manager
Jennifer Petrusis, City Attorney
Amanda Moore, Manager
Norman S Sullivan, Property Manager
Uciryotl�mrculu. ir��sh:ues;users�I'inTwColc\('OL,E1lcivilpennries.'1'heESunk.9l1,10,n.IN2022.doc Il 1

Page 478 ends

City of Temecula
J.

Community Development Department
Code Enforcement Division
41000 Main Street • Temecula, CA 92590
Phone (951 ) 302-4144 • Fax i951 j 694-6487 • www.remeculaca.gov

CIVIL PENALTY

NOTICE N ORDER
CNC: Puma Corporation
Brad Landon, Agent for Service
28693 Old 'Town Front Street Suite #300
Temecula CA 92590
Re: 28645 Oki Town Front Street, Temecula, CA 92590
On June 11. 2022. 28645 Old 'town Front Street, CA 92590, was found to be in violation of Section § 17.04,010, (Conditional Use Permit), of the Temecula Municipal Code.

17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two Thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties.

If you have any questions regarding this matter, please contact me at (951) 302.4116.

Sincerely,
Tom Cole
Field Supervisor - Code Enforcement Officer
cc: Brian Clements, Building Official
Luke Watson, Deputy City Manager
Jennifer Petrusis, City Attorney
Amanda Moore, Manager
Norman S'Sullivan, Property Manager
\\ci�yo0ernrcute.or,tsharrs`.uscis�"Tom.Cole1C'l:)L.E'f`,civilpamlie.; rheE)ank,9l.l IJUN2022.duc 1091

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City of Temecula
F41
unity Development Department
Enforcement Division
Main Street • Temecula, CA 92590
Phone 1951) 302-4144 • Fax (951) 694•6487 • www.tf.?meculic� t.gov

CIVIL PENALTY
(.)TI(,,"E AND ORDER
CNC Puma Corporation
Brad Landon, Agent for Service
28693 Old Town Front Street Suite #300
Temecula CA 92590
Re; 28645 Old Town Front Street, 'remecula, CA 92590
On June 17, 2022, 26645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code.

17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500,00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties.

Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a inisderneanor carrying a potential penally of six months in jail and/or up to a $1,000 per day fine.

Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine: within 30 hays of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21.

If you have any questions regarding this matter, please contact me at (951) 302A 116.

Sincerely,
Tom Cole
Field Supervisor - Code Enforcement Officer
cc; Brian Clements, Building Official
Luke Watson, Deputy City Manager
Jennifer Petrusis, City Attorney
Amanda Moore, Manager.

Norman S Sullivan, Property Manager
ftityoflemecnla,org\shares\uccisCTom.C'olo\Cr7L.EINC ivi[PomIies.Thcl3ailk. J2.17.11)N2022.doe 1092

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city of Temecula
F41
unity Development Department
nforcement Division
Main Street - Temecula, CA 92590
Phone 1951 j 302-4144 • Fax (951 ) 694-6487 • www.tu, n culaca.gov

CIVIL PENALTY
NOTICE AND ORDER.

CNC Puma Corporation
Brad Landon, Agent for Service
28693 Old Town Front Street Suite #300
Temecula CA 92590
Re: 28645 Old Town Front Street, Temecula, CA 92590
On June 18, 2022, 2864'5 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04,010. (Conditional Use Permit), of the Temecula Municipal Code.

The factors used by the City Manager arid/or his designee to determine the duration and daily amount of the civil penalties were the past History of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties, Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine.

Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and there by completing a request for hearing form within 30 days, pursuant to TMC 1.21.

If you have any questions regarding this matter, please contact me at (951) 302-4116, Sincerely,
Tom Cole
Field Supervisor - Code Enforcement Officer
cc: Brian Clements, Building Official
Luke Watson, Deputy City Manager
Jennifer Pelrusis, City Attorney
Amanda Moore, Manager
Norman S Sullivan, Property Manager
1\Ci lyorlemecula.orp\tilts rus\usersl l'um.Cole!(:'(:11.1 'I'lcivi Ipenalics.Thetlank.93.18111N2022A)c 1093

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Temecula City CouncilApril 25, 2023

Temecula City Council
April 25, 2023