Temecula City Council
April 25, 2023

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title 11].

AGENDA

TEMECULA CITY COUNCIL

REGULAR MEETING

COUNCIL CHAMBERS
41000 MAIN STREET

TEMECULA, CALIFORNIA
APRIL 25, 2023 - 6:00 PM
CALL TO ORDER: Mayor Zak Schwank
INVOCATION: Reverend Carole Horton -Howe of St. Thomas of Canterbury Episcopal Church FLAG SALUTE: Mayor Zak Schwank
ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart

PRESENTATIONS
Presentation by General Manager Robb Grantham of Rancho California Water District Regarding Water Supply and Drought Update
Presentation by Consultants Ryan Allen and Dana Link -Herrera of Dudek Regarding Temecula Urban Forest Management Plan

BOARD / COMMISSION REPORTS
Race, Equity, Diversity and Inclusion Commission

PUBLIC SAFETY REPORT
County of Riverside, Fire Department (CAL FIRE)

PUBLIC COMMENTS - NON -AGENDA ITEMS
A total of 30 minutes is provided for members of the public to address the City Council on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be included into the record. Email comments must be submitted to [email protected]. Speaker cards for in -person comments will be called in the order received by the City Clerk. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.

City Council Agenda April 25, 2023

CITY COUNCIL REPORTS
Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten minutes will be devoted to these reports.

CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the City Council request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the City Council on items that appear on the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be included into the record.

Email comments must be submitted to [email protected]. Speaker cards for in -person comments will be called in the order received by the City Clerk. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.

1. Waive Reading of Title and Text of All Ordinances and Resolutions Included in the Agenda Recommendation: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda.

Attachments: Agenda Report

2. Approve Action Minutes of April 11, 2023
Recommendation: That the City Council approve the action minutes of April 11, 2023.

Attachments: 04/11/2023 - Regular Meeting
04/11/2023 - Special Meeting

3. Approve List of Demands
Recommendation: That the City Council adopt a resolution entitled:

Attachments:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS

SET FORTH IN EXHIBIT A
Agenda Report
Resolution
List of Demands

4. Adopt Resolution Confirming the Decision of the Temecula Planning Commission to Revoke the Conditional Use Permit Issued to the Bank, Located at 28645 Old Town Front Street

City Council Agenda April 25, 2023

5. 6.

7. 8.

Recommendation: That the City Council adopt a resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA CONFIRMING THE DECISION OF THE TEMECULA

PLANNING COMMISSION TO REVOKE THE CONDITIONAL USE
PERMIT ISSUED TO THE BANK, LOCATED AT 28645 OLD TOWN

FRONT STREET
Attachments: Agenda Report
R eenhitinn
Exhibit A - OAH Proposed Decision
City Council Agenda Packet
Approve Sponsorship and Economic Development Funding Agreement with Temecula Valley Balloon and Wine Festival Association for Temecula Vallev Balloon and Wine Festival Recommendation: That the City Council approve a sponsorship and economic development funding agreement with the Temecula Valley Balloon and Wine Festival Association for the Temecula Valley Balloon and Wine Festival.

Attachments: Agenda Report
Agreement
Approve Agreement for the Temecula Home Repair Program with Habitat for Humanity_ Recommendation: That the City Council approve the agreement with Habitat for Humanity for the Temecula Home Repair Program and appropriate $500,000 from the Community Reinvestment Program Fund, as approved conceptually by Council as part of the COVID-19 Pandemic Community Reinvestment Program for Fiscal Year 2022-23.

Attachments: Agenda Report
Agreement
Program Guidelines
Approve Agreement for Consultant Services with Fehr & Peers, Inc. for Complete Streets Policy Document
Recommendation: That the City Council approve an agreement for consultant services with Fehr & Peers, Inc., in the amount of $59,500, for the complete streets policy document.

Attachments: Agenda Report
Agreement
Renew the Abandoned Vehicle Abatement Program with the County of Riverside

City Council Agenda April 25, 2023

9. Recommendation: That the City Council adopt a resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA, AUTHORIZING THE EXTENSION OF THE SERVICE

FEE COLLECTED ON BEHALF OF THE RIVERSIDE COUNTY

ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY
UNTIL MAY 2034
Attachments: Agenda Report
Resolution
Adopt the 2023 City of Temecula Emergency Operations Plan Recommendation: That the City Council adopt this resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADOPTING THE 2023 CITY OF TEMECULA

EMERGENCY OPERATIONS PLAN
Attachments: Agenda Report
Resolution
Emergency Operations Plan

10. Approve Purchase and Installation Agreements with Playcore Wisconsin, Inc. dba GameTime and Landscape Structures, Inc., for Playground Equipment Enhancement and Safety Surfacing at Temecula Creek Trail Park, Redhawk Park, Calle Aragon Park, and Long Canyon Park Recommendation
That the City Council:

1. Approve the purchase and installation agreement with GameTime, in the amount of $334,641.07, and authorize City Manager to approve additional work not to exceed a contingency amount of $10,000, for Playground Equipment Enhancement and Safety Surfacing (Temecula Creek Trail Park); and

2. Approve the purchase and installation agreement with GameTime, in the amount of $531,702.58, and authorize City Manager to approve additional work not to exceed a contingency amount of $10,000, for Playground Equipment Enhancement and Safety Surfacing (Redhawk Park); and

3. Approve the purchase and installation agreement with GameTime, in the amount of $73,736.46, and authorize City Manager to approve

City Council Agenda April 25, 2023

11. 12.
additional work not to exceed a contingency amount of $2,000, for the Playground Equipment Enhancement and Safety Surfacing (Calle Aragon Park); and

4. Approve the purchase and installation agreement with Landscape Structures, Inc., in the amount of $438,047.68, and authorize City Manager to approve additional work not to exceed a contingency amount of $10,000, for the Playground Equipment Enhancement and Safety Surfacing (Long Canyon Park).

Attachments: Agenda Report
Agreement - Temecula Creek Trail Park
Agreement - Redhawk Park
Agreement - Calle Aragon Park
Agreement - Long Canyon Park
Approve Second Amendment to Agreement with CASC Engineering and Consulting for NPDES Commercial and Industrial Inspections
Recommendation: That the City Council approve the second amendment to the agreement with CASC Engineering and Consulting for NPDES commercial and industrial inspections, to extend the term of the agreement to June 30, 2024, and increase the payment in the amount of $60,000, for a total agreement amount of $119,970.

Attachments: Agenda Report
Second Amendment
Accept Improvements and File the Notice of Completion for the Citywide Slurry Seal Program Fiscal Year 2021-22, PW22-02
Recommendation:

Attachments:

That the City Council:

1. Accept the construction of the Citywide Slurry Seal Program - Fiscal Year 2021-22, PW22-02, as complete; and

2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the final contract amount; and

3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed.

Agenda Report
Notice of Completion
Maintenance Bond
Contractor's Affidavit & Final Release

City Council Agenda April 25, 2023

13. 14.

15. Accept Improvements and File the Notice of Completion for Sidewalks - DLR Drive Project, PW19-18
Recommendation: That the City Council:

1. Accept the improvements for the Sidewalks - DLR Drive Project, PW 19-18, as complete; and

2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the final contract amount; and

3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed.

Attachments: Agenda Report
Notice of Completion
Maintenance Bond
Contractor's Affidavit & Final Release
Approve Plans and Specifications and Authorize Solicitation of Construction Bids for the Community Recreation Center Splash Pad and Shade Structure Project, PW21-07 Recommendation: That the City Council:

1. Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Community Recreation Center Splash Pad and Shade Structure Project, PW21-07; and

2. Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15302, Replacement or Reconstruction, of the CEQA Guidelines.

Attachments: Agenda Report
Project Description
Project Location
Rendering
Adopt Resolution Finding that an Emergency Condition Continues to Exist Within the Meaning of Public Contract Code Sections 20168 and 22050
Recommendation: That the City Council adopt a resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA, CALIFORNIA, DETERMINING THAT THERE IS A

NEED TO CONTINUE THE ACTIONS AUTHORIZED BY

City Council Agenda April 25, 2023
RESOLUTION NO. 2023-17 DECLARING AN EMERGENCY

CONDITION AND DECLARING THAT THE PUBLIC INTEREST

AND NECESSITY REQUIRES CERTAIN WORK TO BE

PERFORMED WITHOUT COMPETITIVE BIDDING PURSUANT TO
PUBLIC CONTRACT CODE SECTIONS 20168 AND 22050, AND BY
RESOLUTION NOS. 2023-17, 2023-20, 2023-26, and 2023-29

FINDING THAT AN EMERGENCY CONDITION CONTINUES TO
EXIST
Attachments: Agenda Report
Resolution

16. Receive and File Temporary Street Closures for the Kent Hintergardt 30th Anniversary Memorial
Recommendation: That the City Council receive and file the temporary closure of certain streets for the Kent Hintergardt 30th Anniversary Memorial.

Attachments: Agenda Report
FXI,;h;t A

RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA

COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE TEMECULA

REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND/OR THE

TEMECULA PUBLIC FINANCING AUTHORITY

City Council Agenda April 25, 2023

TEMECULA COMMUNITY SERVICES DISTRICT MEETING
CALL TO ORDER: President James Stewart
ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart

CSD PUBLIC COMMENTS - NON -AGENDA ITEMS
A total of 30 minutes is provided for members of the public to address the Board of Directors on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be included into the record. Email comments must be submitted to [email protected]. Speaker cards for in -person comments will be called in the order received by the City Clerk. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.

CSD CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the Community Services District request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the Board of Directors on items that appear on the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be included into the record. Email comments must be submitted to [email protected]. Speaker cards for in -person comments will be called in the order received by the City Clerk. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.

17. Approve Action Minutes of April 11, 2023
Recommendation: That the Board of Directors approve the action minutes of April 11, 2023.

Attachments: Action Minutes

CSD DIRECTOR OF COMMUNITY SERVICES REPORT

CSD GENERAL MANAGER REPORT

CSD BOARD OF DIRECTOR REPORTS

CSD ADJOURNMENT
The next regular meeting of the Temecula Community Services District will be held on Tuesday, May 9, 2023, at 4:30 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California.

City Council Agenda April 25, 2023

SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY - NO

MEETING

TEMECULA HOUSING AUTHORITY - NO MEETING

JOINT MEETING - TEMECULA PUBLIC FINANCING AUTHORITY / CITY COUNCIL CALL TO ORDER: Chair Zak Schwank
ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart

TPFA PUBLIC COMMENT
A total of 30 minutes is provided for members of the public to address the Board of Directors on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be included into the record. Email comments must be submitted to [email protected]. Speaker cards for in -person comments will be called in the order received by the City Clerk. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.

TPFA / CITY COUNCIL CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the Temecula Public Financing Authority request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the Board of Directors on items that appear on the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be included into the record. Email comments must be submitted to [email protected].

Speaker cards for in -person comments will be called in the order received by the City Clerk. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.

18. Approve Action Minutes of April 11, 2023
Recommendation:

That the Board of Directors approve the action minutes of April 11, 2023.

Attachments: Action Minutes

19. Approve Deposit Agreement and Initiate Community Facilities District Formation Proceedings Related to the Altair Development
Recommendation: That the City Council/Board of Directors adopt resolutions entitled:

RESOLUTION NO.

City Council
Agenda April 25, 2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA APPROVING A DEPOSIT/REIMBURSEMENT

AGREEMENT - ALTAIR
RESOLUTION NO. TPFA

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE

TEMECULA PUBLIC FINANCING AUTHORITY

ACKNOWLEDGING RECEIPT OF A DEPOSIT RELATIVE TO THE

FORMATION OF A COMMUNITY FACILITIES DISTRICT, AND

AUTHORIZING AND DIRECTING ACTIONS WITH RESPECT

THERETO - ALTAIR
Attachments: Agenda Report
City Council Resolution
TPFA Resolution
Deposit/Reimbursement Agreement

TPFA EXECUTIVE DIRECTOR REPORT

TPFA BOARD OF DIRECTOR REPORTS

TPFA ADJOURNMENT
The next regular meeting of the Temecula Public Financing Authority will be held on Tuesday, May 9, 2023, at 4:30 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California.

City Council Agenda April 25, 2023

RECONVENE TEMECULA CITY COUNCIL

PUBLIC HEARING
Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of a project at the time of the hearing. If you challenge a project in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at or prior to the public hearing. For public hearings each speaker is limited to 5 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be included into the record. Email comments must be submitted to [email protected].

Email comments on all matters, including those not on the agenda, must be received prior to the time the item is called for public comments. At public hearings involving land use matters, the property owner and/or applicant has the burden of proof and, therefore, shall be allowed 15 minutes for an initial presentation, and an additional 10 minutes for rebuttal by its development team following other comments on the matter. An appellant, other than the property owner and/or applicant, and the spokesperson for an organized group of residents residing within the noticed area of the property, which is the subject of the public hearing, shall be allowed 15 minutes to present the appellant's position to the Council. The Mayor may allow more time if required to provide due process for the property owner, applicant or appellant. All other members of the public may speak during the public hearing for a maximum period of 5 minutes each. Deferral of one speaker's time to another is not permitted. In the event of a large number of speakers, the Mayor may reduce the maximum time limit for members of the public to speak. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.

20. Approve Fiscal Year 2023-2024 Community Development Block Grant (CDBG) Annual Action Plan
Recommendation: That the City Council adopt a resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE 2023-2024 ANNUAL ACTION PLAN
AS AN APPLICATION TO THE U.S. DEPARTMENT OF HOUSING

AND URBAN DEVELOPMENT (HUD) FOR FUNDING UNDER THE

FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)

PROGRAM AND FINDING THAT THE ACTION IS EXEMPT FROM

ENVIRONMENTAL REVIEW UNDER THE NATIONAL
ENVIRONMENTAL POLICY ACT PURSUANT TO 24 CFR 58.34(A)
(1) AND THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15262 AND
15378(B)(4)

City Council Agenda April 25, 2023
Attachments: Agenda Report
Resolution
Exhibit A
Notice of Public Hearing

DEPARTMENTAL REPORTS (RECEIVE AND FILE)

21. City Council Travel/Conference Report
Attachments: Agenda Report
Itinerary

22. Communi . Development Department Monthly Report
Attachments: Agenda Report
PlanningActivity Report

23. Fire Department Monthly Report
Attachments: Agenda Report
Fire Monthly Report

24. Police Department Monthly Report
Attachments: Agenda Report

25. Public Works Department Monthly Report
Attachments: Agenda Report
Project Status Report

ITEMS FOR FUTURE CITY COUNCIL AGENDAS
Any Council Member, including the Mayor, may request an item be placed on a future agenda. Any such request will be discussed under this section. In making the request, a Council Member may briefly describe the topic of the proposed agenda item and any timing associated with the placement of the item on the agenda. This description shall not exceed 3 minutes. No substantive discussion on the subject of the motion may occur. Items may only be placed on the agenda by Council Members pursuant to policy or by the City Manager based on administrative or operational needs of the City. Public comments on the placement of these agenda items shall be limited to a maximum of 30 minutes. Individual comments shall not exceed 3 minutes. All public participation is governed by the Council Policy regarding Public Participation at Meetings and Agenda Placements by Council Members adopted by Resolution No. 2021-54.

CITY MANAGER REPORT

City Council
Agenda April 25, 2023

CITY ATTORNEY REPORT

ADJOURNMENT
The next regular meeting of the City Council will be held on Tuesday, May 9, 2023, at 4:30 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California.

NOTICE TO THE PUBLIC
The full agenda packet (including staff reports, public closed session information, and any supplemental material available after the original posting of the agenda), distributed to a majority of the City Council regarding any item on the agenda, will be available for public viewing in the main reception area of the Temecula Civic Center during normal business hours at least 72 hours prior to the meeting. The material will also be available on the City's website at TemeculaCa.gov. and available for review at the respective meeting. If you have questions regarding any item on the agenda, please contact the City Clerk's Department at (951) 694-6444.

Item No. 1

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: April 25, 2023
SUBJECT: Waive Reading of Title and Text of All Ordinances and Resolutions Included in the Agenda
PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda.

BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. In accordance with Government Code Section 34934, the title of each ordinance is included on the published agenda and a copy of the full ordinance has been available to the public online on the City's website and will be available in print at the meeting prior to the introduction or passage of the ordinance. Unless otherwise required, the full reading of the title and text of all ordinances and resolutions is waived.

FISCAL IMPACT: None
ATTACHMENTS: None

Item No. 2

ACTION MINUTES

TEMECULA CITY COUNCIL

REGULAR MEETING

COUNCIL CHAMBERS
41000 MAIN STREET

TEMECULA, CALIFORNIA
APRIL 11, 2023 - 6:00 PM
CALL TO ORDER at 6:00 PM: Mayor Zak Schwank
INVOCATION: Buck Longmore, Retired Firefighter
FLAG SALUTE: Mayor Zak Schwank
ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart

PRESENTATIONS
Presentation of Proclamation for DMV/Donate Life Month
Presentation of Proclamation for Innovation Month

ANNUAL JOINT MEETING - CITY COUNCIL AND RACE, EQUITY, DIVERSITY AND

INCLUSION COMMISSION

BOARD / COMMISSION REPORTS
Community Services Commission

PUBLIC SAFETY REPORT
County of Riverside, Riverside County Sheriffs Department

PUBLIC COMMENTS - NON -AGENDA ITEMS
The following individual(s) addressed the City Council:
• Bob Kowell • James Hill
• Janice & Jim Richardson • Ross Jackson
• Steve Kim • Mick Sobczak

CITY COUNCIL REPORTS

CONSENT CALENDAR
Unless otherwise indicated below, the following pertains to all items on the Consent Calendar.

Approved the Staff Recommendation (5-0): Motion by Stewart, Second by Alexander. The vote reflected unanimous approval.

1. Waive Reading of Title and Text of All Ordinances and Resolutions Included in the Agenda

2. 3.

4. 5.

6. Recommendation: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda.

Approve Action Minutes of March 28, 2023
Recommendation: That the City Council approve the action minutes of March 28, 2023.

Approve List of Demands
Recommendation: That the City Council adopt a resolution entitled:

RESOLUTION NO. 2023-27

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS

SET FORTH IN EXHIBIT A
Approve Amended and Restated Office Lease and Memorandum of Lease Between the City of Temecula and Temecula Valley Convention & Visitors Bureau dba Visit Temecula Valley Recommendation:

That the City Council approve the amended and restated office lease and memorandum of lease between the City of Temecula and Temecula Valley Convention & Visitors Bureau dba Visit Temecula Valley in substantially the form as attached and authorize the Assistant City Manager to execute same.

Adopt Resolution Regarding the Addressing of Accessory and Junior Accessory Dwelling Units (Long Range Planning Project No. LR23-0110)
Recommendation: That the City Council adopt a resolution entitled:

RESOLUTION NO. 2023-28

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA APPROVING AN ADDRESSING POLICY FOR

ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY

DWELLING UNITS AND MAKING THE FINDING OF
EXEMPTION UNDER SECTIONS 15061(B)(3) OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA")
(LONG RANGE PLANNING PROJECT NO. LR23-0110)
Approve Second Amendment to Agreement for Consultant Services with Hicks & Hartwick, Inc., for Engineering Plan Check Services
Recommendation: That the City Council approve the second amendment to the agreement for consultant services with Hicks & Hartwick, Inc., for engineering plan check services, to extend the term of the agreement to June 30, 2025, and increase payment in the amount of $100,000, for a total agreement value of $200,000.
2 7. Approve Freeway Maintenance Agreement with State of California, Department of Transportation (Caltrans)
Recommendation:

That the City Council approve the Freeway Maintenance Agreement with the State of California, acting by and through the Department of Transportation (Caltrans).

8. Approve Agreement for Consultant Services with Falcon Engineering Services, Inc. for the I-15 / French Valley ParkwU Improvements - Phase II, PW16-01 Recommendation: That the City Council approve the agreement with Falcon Engineering Services, Inc., in an amount not to exceed $8,880,275.70, to provide professional construction management services for the I-15 / French Valley Parkway Improvements - Phase II, PW 16-01.

9. Adopt Resolution Finding that an Emergency Condition Continues to Exist Within the Meaning of Public Contract Code Sections 20168 and 22050 and Appropriate Additional Funding for Emergency Repairs
Recommendation: That the City Council adopt a resolution entitled:

RESOLUTION NO. 2023-29

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA, CALIFORNIA, DETERMINING THAT THERE IS A

NEED TO CONTINUE THE ACTIONS AUTHORIZED BY
RESOLUTION NO. 2023-17 DECLARING AN EMERGENCY

CONDITION AND DECLARING THAT THE PUBLIC INTEREST

AND NECESSITY REQUIRES CERTAIN WORK TO BE

PERFORMED WITHOUT COMPETITIVE BIDDING PURSUANT
TO PUBLIC CONTRACT CODE SECTIONS 20168 AND 22050,
AND BY RESOLUTION NOS. 2023-20 AND 2023-26, FINDING

THAT AN EMERGENCY CONDITION CONTINUES TO EXIST,

AND TO APPROPRIATE FUNDING FOR EMERGENCY REPAIRS
RECESS:

At 6:58 PM, the City Council recessed and convened as the Temecula Community Services District Meeting and Joint Temecula Public Financing Authority and City Council Meeting. At 7:03 PM the City Council resumed with the remainder of the City Council Agenda.

RECONVENE TEMECULA CITY COUNCIL

ITEMS FOR FUTURE CITY COUNCIL AGENDAS

CITY MANAGER REPORT

CITY ATTORNEY REPORT
3 ADJOURNMENT
At 7:03 PM, the City Council meeting was formally adjourned to Tuesday, April 25, 2023, at 4:30 PM for Closed Session, with regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California.

Zak Schwank, Mayor
ATTEST:

Randi Johl, City Clerk
[SEAL]

ACTION MINUTES

TEMECULA CITY COUNCIL

SPECIAL MEETING

COUNCIL CHAMBERS
41000 MAIN STREET

TEMECULA, CALIFORNIA
APRIL 11, 2023 - 10:00 AM
CALL TO ORDER at 10:00 AM: Mayor Zak Schwank
FLAG SALUTE: Mayor Zak Schwank
ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart

PUBLIC COMMENTS - NON -AGENDA ITEMS
The following individual(s) addressed the City Council:
• Ed Dool

PUBLIC COMMENTS - AGENDA ITEMS
The following individual(s) addressed the City Council:
• Ron Parent • Matthew Moore
• Amanda Lane • Shawn Owens
• Carlos Palma
• Megan Hadden
• Ryan Parent
All electronic comments received were made a part of the record of the meeting.

PUBLIC HEARING

1. Conduct Hearing In the Matter of the Revocation of Conditional Use Permit For the Operation of The Bank and Consider Proposed Decision of the Office of Administrative Hearing Officer and Confirmation of Decision by Planning Commission
Recommendation:

That the City Council conduct a public hearing in the matter of the revocation of the conditional use permit ("CUP") for the operation of The Bank; consider the proposed decision of the Office of Administrative Hearing Officer as adopted with modification by the Planning Commission; and render a decision upholding or denying the proposed decision of the Planning Commission revoking the CUP. This hearing is proceeding under Temecula Municipal Code Section

17.03.085.

Motion to confirm the decision of the Planning Commission. (5-0): Motion by Stewart, Second by Alexander. The vote reflected unanimous approval.

ADJOURNMENT
At 1:38 PM, the City Council meeting was formally adjourned to Tuesday, April 11, 2023, at 4:30 PM for Closed Session, with regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California.

Zak Schwank, Mayor
ATTEST:

Randi Johl, City Clerk
[SEAL]

Item No. 3

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Jennifer Hennessy, Director of Finance
DATE: April 25, 2023
SUBJECT: Approve List of Demands
PREPARED BY: Pam Espinoza, Accounting Technician II
RECOMMENDATION: That the City Council adopt a resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS

AS SET FORTH IN EXHIBIT A
BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting.

FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures.

ATTACHMENTS: 1. Resolution

2. List of Demands

RESOLUTION NO.2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA ALLOWING CERTAIN CLAIMS AND

DEMANDS AS SET FORTH IN EXHIBIT A

THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $ 3,283,397.91.

Section 2. The City Clerk shall certify the adoption of this resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 25th day of April, 2023.

Zak Schwank, Mayor
ATTEST:

Randi Johl, City Clerk
[SEAL]

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2023- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 25th day of April, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

CITY OF TEMECULA

LIST OF DEMANDS
03/29/2023 TOTAL CHECK RUN:
$ 1,219,438.38
03/30/2023 TOTAL CHECK RUN:
644,177.63
04/04/2023 TOTAL CHECK RUN:
737,682.88
04/06/2023 TOTAL CHECK RUN:
42,511.43
03/30/2023 TOTAL PAYROLL RUN:
639,587.59
TOTAL LIST OF DEMANDS FOR 04/25/2023 COUNCIL MEETING: $ 3,283,397.91

DISBURSEMENTS BY FUND: CHECKS
001

GENERAL FUND
1,221,187.87
110
COVID-19 PANDEMIC COMMUNITY REINVESTMENT
660.80
140

COMMUNITY DEV BLOCK GRANT
9,260.62
165

AFFORDABLE HOUSING
6,245.58
190

TEMECULA COMMUNITY SERVICES DISTRICT
335,546.18
194

TCSD SERVICE LEVEL D REFUSE RECYCLING
1,951.45
196
TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
1,953.30
197

TEMECULA LIBRARY FUND
5,325.81
210

CAPITAL IMPROVEMENT PROJECTS FUND
907,916.93
300

INSURANCE FUND
4,086.10
305

WORKERS' COMPENSATION
4,086.17
320

INFORMATION TECHNOLOGY
80,836.99
330

SUPPORT SERVICES
14,477.28
340

FACILITIES
19,932.87
501
SERVICE LEVEL"C"ZONE 1 SADDLEWOOD
437.44
502
SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK
234.16
503
SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS

81.00 504
SERVICE LEVEL"C"ZONE 4 THE VINEYARDS
108.58
505
SERVICE LEVEL"C"ZONE 5 SIGNET SERIES
508.53
506
SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY
323.03
507
SERVICE LEVEL"C"ZONE 7 RIDGEVIEW
494.16
508
SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE
23,028.63
509
SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA

96.20 510
SERVICE LEVEL"C"ZONE 10 MARTINIQUE
207.16
511
SERVICE LEVEL"C"ZONE 11 MEADOWVIEW

90.16 512
SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS
108.00
513
SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP
395.00
514
SERVICE LEVEL"C"ZONE 14 MORRISON HOMES
289.90
516
SERVICE LEVEL"C"ZONE 16 TRADEWINDS

27.00 517
SERVICE LEVEL"C"ZONE 17 MONTE VISTA

61.60 518
SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS
684.42
519
SERVICE LEVEL"C"ZONE 19 CHANTEMAR
117.08
521
SERVICE LEVEL"C"ZONE 21 VAIL RANCH
2,328.00
522
SERVICE LEVEL"C"ZONE 22 SUTTON PLACE

61.60 523
SERVICE LEVEL"C"ZONE 23 PHEASENT RUN

27.00 525
SERVICE LEVEL"C"ZONE 25 SERENA HILLS
147.72
526
SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION

27.00 528
SERVICE LEVEL"C"ZONE 28 WOLF CREEK
432.00
529
SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT

27.00 DISBURSEMENTS BY FUND: PAYROLL
001 GENERAL FUND
110 COVID-19 PANDEMIC COMMUNITY REINVESTMENT
140 COMMUNITY DEV BLOCK GRANT
165 AFFORDABLE HOUSING
190 TEMECULA COMMUNITY SERVICES DISTRICT
194 TCSD SERVICE LEVEL D REFUSE RECYCLING
196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
197 TEMECULA LIBRARY FUND
300 INSURANCE FUND
305 WORKERS' COMPENSATION
320 INFORMATION TECHNOLOGY
330 SUPPORT SERVICES
340 FACILITIES
384,324.72
582.76
591.51
3,973.11
177,863.73
1,368.71
209.71
4,414.71
2,946.08
2,946.03
46,434.07
4,310.10
9,622.35
$ 2,643,810.32
639,587.59
TOTAL BY FUND: $ 3,283,397.91

apChkLst Final Check List Page: 1
03/29/2023 10:05:01AM CITY OF TEMECULA
Bank:
union UNION BANK
Check #
Date
Vendor
14821
3/15/2023
000246

PERS EMPLOYEES

RETIREMENT
14872
3/16/2023
000444

INSTATAX EDD
14873
3/16/2023
000283

INSTATAX IRS
14888
3/24/2023
000262

RANCHO CALIF WATER

DISTRICT
Description

PERS RETIREMENT PAYMENT
Amount Paid Check Total
146,008.54 146,008.54

STATE TAX PAYMENT
40,469.25
40,469.25

FEDERAL TAX PAYMENT
120,702.93
120,702.93
VARIOUS WATER FEBRUARY BATCH 2
6,099.01
6,099.01
Grand total for UNION BANK: 313,279.73
Page:1

apChkLst Final Check List Page: 2
03/29/2023 10:05:01AM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date
Vendor
Description
Amount Paid
Check Total
504280 3/30/2023
013015 ALWAYS RELIABLE BACKFLOW,
BACKFLOW TEST: PRESLEY SLOPE

27.00 AKA NANETTE SEMAN
BACKFLOW TESTS: PARKS: PW

54.00 BACKFLOW TESTS: VARIOUS MEDV
162.00
BACKFLOW REPLACEMENT: VAIL R/
2,050.00
BACKFLOW REPAIR: VARI LOCATIOP
1,907.00
BACKFLOW TESTING: VARIOUS LOC
945.00
BACKFLOW TEST: VARIOUS LOC: P\
189.00
5,334.00
504281 3/30/2023
023030 ARJONA, GLORIA
STTLMNT: BRAZILIAN & LATIN JAZZ
938.44
938.44
3/17
504282 3/30/2023
021400 AYERS ELECTRIC INC
ELECTRICAL SVCS: CIVIC CTR: PW
950.00
ELECTRICAL SVCS: CIVIC CTR: PW
200.00
ELECTRICAL SVCS: CIVIC CTR: PW
1,700.00
ELECTRICAL SVCS: CIVIC CTR: PW
600.00
ELECTRICAL SVCS: CIVIC CTR: PW
250.00
ELECTRICAL SVCS: CIVIC CTR: PW
200.00
ELECTRICAL SVCS: CIVIC CTR: PW
350.00
4,250.00
504283 3/30/2023
017149 B G P RECREATION INC

TCSD INSTRUCTOR EARNINGS
1,043.00

TCSD INSTRUCTOR EARNINGS
737.55

TCSD INSTRUCTOR EARNINGS
1,244.16

TCSD INSTRUCTOR EARNINGS
2,822.40

TCSD INSTRUCTOR EARNINGS
2,366.70
8,213.81
504284 3/30/2023
022719 BAKER ELECTRIC, &
ELECTRIC DSGN SVCS ONLY: CA
5,000.00
5,000.00

RENEWABLES LLC

ENERGY GRANT
504285 3/30/2023 023240 BEARD, RYAN, DBA SPORTS TCSD INSTRUCTOR EARNINGS 294.00
SAINTS

TCSD INSTRUCTOR EARNINGS
1,249.50

TCSD INSTRUCTOR EARNINGS
598.50

TCSD INSTRUCTOR EARNINGS
588.00

TCSD INSTRUCTOR EARNINGS
367.50

TCSD INSTRUCTOR EARNINGS
882.00

TCSD INSTRUCTOR EARNINGS
514.50

TCSD INSTRUCTOR EARNINGS
918.71

TCSD INSTRUCTOR EARNINGS
471.63

TCSD INSTRUCTOR EARNINGS
1,102.50

TCSD INSTRUCTOR EARNINGS
1,228.50

TCSD INSTRUCTOR EARNINGS
945.00

TCSD INSTRUCTOR EARNINGS
808.50

TCSD INSTRUCTOR EARNINGS
220.50 10.189.34
Paget

apChkLst Final Check List Page: 3
03/29/2023 10:05:01AM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date Vendor
504286 3/30/2023 022948 BRYANT. ROBERT
504287 3/30/2023 004462 CDW LLC, DBA CDW

GOVERNMENT LLC
504288 3/30/2023 021133 CNS ENGINEERS INC
(Continued)
Description

TCSD INSTRUCTOR EARNINGS

TCSD INSTRUCTOR EARNINGS

TCSD INSTRUCTOR EARNINGS

TCSD INSTRUCTOR EARNINGS

TCSD INSTRUCTOR EARNINGS

TCSD INSTRUCTOR EARNINGS

TCSD INSTRUCTOR EARNINGS

TCSD INSTRUCTOR EARNINGS
MISC SMALL TOOLS & EQUIP: INFO
TECH
MISC SMALL TOOLS & EQUIP: INFO'
DIAGRAM SOFTWARE: INFO TECH/F
MISC SMALL TOOLS & EQUIP: INFO
MISC SMALL TOOLS & EQUIP: IT
12/3-2/24 ENG SVCS: OVRLND BR
PW 16-05
504289 3/30/2023 000442 COMPUTER ALERT SYSTEMS APR-JUN ALARM SYS MONITORING:

FIRE DEPT
ALARM MONITORING: SOMMERS BE
ALARM MONITORING: SOMMERS BE
ALARM MONITORING: SOMMERS BE
ALARM MONITORING: PARKING GAF
504290 3/30/2023 010650 CRAFTSMEN PLUMBING & PLUMBING SVCS: PARKS: PW

HVAC INC
504291 3/30/2023 011870 CRIME SCENE STERI CLEAN BIO-HAZARD CLEAN UP: TEM SHERIFF LLC
504292 3/30/2023 022483 DE LA SECURA INC, DBA DLS DSGN-BUILD SVCS: MRC PW 17-21

BUILDERS
504293 3/30/2023 003945 DIAMOND ENVIRONMENTAL
SRVCS
504294 3/30/2023 004192 DOWNS ENERGY FUEL
504295 3/30/2023 002577 ENGINEERING RESOURCES,

OF SOUTHERN CALIF INC
PORTABLE RESTROOMS: AULD RD
ADA RESTROOM: MORAGA RD
FUEL FOR CITY VEHICLES: POLICE
FUEL FOR CITY VEHICLES: LAND DE
FUEL FOR CITY VEHICLES: INFO TE,
FUEL FOR CITY VEHICLES: STREET
FUEL FOR CITY VEHICLES: TCSD
FUEL FOR CITY VEHICLES: TRAFFIC
FUEL FOR CITY VEHICLES: PARKS h
FUEL FOR CITY VEHICLES: CIP: PW
FUEL FOR CITY VEHICLES: FIRE DEI
ENG SVCS: MURR CRK REG SPORTS
PRK
Amount Paid
134.40
735.00
588.00
1,346.80
435.12
165.76
504.00
134.40

40.43 237.02
171.32
775.64
1,347.23
27,021.85
405.00
120.00
225.00
120.00
180.00
684.00
850.00
212,911.95
133.21
325.76
111.94

60.08 49.76
1,432.51
129.16
358.20
1,591.21
272.02
275.07
21,462.00
Check Total
4,043.48
2,571.64
27,021.85
1,050.00
684.00
850.00
212,911.95
458.97
4,279.95
21,462.00
Page:3

apChkLst
03/29/2023
10:05:01AM
Final Check List

CITY OF TEMECULA
Page: 4
Bank : eunion EFT UNION BANK (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
504296
3/30/2023
009618

ENNIS FLINT INC
MISC PAINT SUPPLIES: STREETS: PW
4,682.09
4,682.09
504297
3/30/2023
003747

FINE ARTS NETWORK AKA
TICKET SALES ADVANCE:
10,000.00
10,000.00

THEATRE, CO AND BALLET

SPONGEBOB

THEATER
504298
3/30/2023
014865

FREIZE UHLER KIMBERLY DBA,

SANTA GERTRUDIS CRK PED/BIKE
1,931.52
1,931.52

CLEAR BLUE PROMOTIONS
504299
3/30/2023
022865
EMPLOYEE #00571
REIMB: TEAM PACE

67.70 67.70
504300
3/30/2023
010028

GOFORTH & MARTI, DBA GM
OFFICE CHAIRS: INFO TECH
995.75
995.75

BUSINESS INTERIORS
504301
3/30/2023
004890

GOLDEN STATE FIRE
ANNUAL SPRINKLER INSPECTIONS:
700.00

PROTECTION
TCC
ANNUAL SPRINKLER INSPECTIONS:
700.00
ANNUAL SPRINKLER INSPECTIONS:
700.00
2,100.00
504302
3/30/2023
003792

GRAINGER
MISC STAGE SUPPLIES: THEATER

93.61 93.61
504303
3/30/2023
020908
EMPLOYEE #00527
REIMB: MUNIS TRAINING 03/14/23

96.94 96.94
504304
3/30/2023
001135

HEALTHPOINTE MEDICAL
MEDICAL SCREENINGS: HR
2,840.00
2,840.00

GROUP INC, DBA FIRST CARE

INDUSTRIA
504305
3/30/2023
022671

JFL ELECTRIC INC
CNSTRCTN CONTRACT SVCS: FIBER
112,669.05

OPTIC SYS
CNSTRCTN CONTRACT SVCS: FIBEI
134,249.64
CNSTRCTN CONTRACT SVCS: FIBEI
-315,411.04
CNSTRCTN CONTRACT SVCS: FIBEI
84,703.94
CNSTRCHN CONTRACT SVCS: FIBE
32,940.30
49,151.89
504306
3/30/2023
003726

LIFE ASSIST INC
MEDICAL SUPPLIES: MEDIC: FIRE
127.68
127.68
504307
3/30/2023
022664

MARIPOSATREE
TREE SVCS: S-08 VILLAGES SLOPE:
22,785.63
22,785.63

MANAGEMENT INC
PARKS
504308
3/30/2023
020907

MICHELLE MEDINA, DBA

TCSD INSTRUCTOR EARNINGS
1,386.00

MICHELLE Q MEDINA

TCSD INSTRUCTOR EARNINGS
1,478.40
2,864.40
504309
3/30/2023
004951

MIKE'S PRECISION WELDING
DUMP TRAILER REPAIR: STREET
350.00
INC
MAINT
METAL FABRICATION: PARKING GAF
200.00
550.00
Page:4

apChkLst Final Check List Page: 5
03/29/2023 10:05:01AM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
504310
3/30/2023
004043

MISSION ELECTRIC SUPPLY
ELECTRICAL SUPPLIES: CIVIC CENTER

22.75 INC
ELECTRICAL SUPPLIES: PARKS: PW
384.54
ELECTRICAL SUPPLIES: CIVIC CTR
179.22
LIGHTING SUPPLIES: HARVESTON:
934.26
ELECTRICAL SUPPLIES: PARKS: PW

57.32 ELECTRICAL SUPPLIES: PARKS: PW

83.74 ELECTRICAL SUPPLIES: PARKS: PW
391.50
2,053.33
504311
3/30/2023
004040

MORAMARCO ANTHONY J,
2ND SATURDAY: SPECIAL EVENTS:
400.00

DBA BIGFOOT GRAPHICS
TCSD
COMMUNITY MURAL PROJ: TCSD
700.00

TCSD INSTRUCTOR EARNINGS
113.40
ACTIVITY GUIDE GRAPHIC: TCSD
1,200.00
TEMPORARY TATTOOS: SPECIAL Eb
150.00
2,563.40
504312
3/30/2023
004490
MUSCO SPORTS LIGHTING LLC LIGHTING EQUIP: PARKS: PW
426,735.00
426,735.00
504313 3/30/2023 002925 NAPAAUTO PARTS
AUTO PARTS: STREET MAINT: PW

32.60 AUTO PARTS: STREET MAINT: PW
162.40 195.00
504314 3/30/2023 022599 NIEVES LANDSCAPE INC
IRRIGATION REPAIRS: HELP CENTER
243.83
IRRIGATION REPAIRS: HARVESTON
501.79
IRRIGATION REPAIRS: CIVIC CENTE
207.78
TREE PLANTING: OLD TOWN: PW
250.00
IRRIGATION REPAIRS: SOMMERS P/
171.93
IRRIGATION REPAIRS: HARVESTON
222.47
IRRIGATION REPAIRS: HARVESTON
224.61
IRRIGATION REPAIRS: HARVESTON
445.75
IRRIGATION REPAIRS: NICOLAS PAF
269.06 2,537.22
504315 3/30/2023 021998 OLD TOWN TIRE AND SERVICE
BUS SVC: MPSC: TCSD
981.71
INC
VEHICLE MAINT: HOMELESS OUTRE

97.60 1,079.31
Page:5

apChkLst Final Check List Page: 6
03/29/2023 10:05:01AM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
504316 3/30/2023
005075 PRUDENTIAL OVERALL SUPPLY
UNIFORM SVCS: STREET MAINT: PW

19.53 FLOOR MATS/TOWEL RENTALS: CR(

31.45 FLOOR MATS/ TOWEL RENTALS: LIB

19.88 FLOOR MATS/TOWEL RENTALS: TC(

14.32 FLOOR MATS/TOWEL RENTALS: TVI\

12.74 UNIFORM SERVICES: STREET MAIN
316.99
UNIFORM SERVICES: PARK MAINTE

4.62 UNIFORM SVCS: STREETS MAINT: F

47.06 FLOOR MATS/TOWEL RENTALS: IW7

22.73 FLOOR MATS/TOWEL RENTALS: THE

9.89 UNIFORM SVCS: PARKS MAINT: PW

4.62 CREDIT: UNIFORM SVCS
-273.90
FLOOR MATS/TOWEL RENTALS: FO(

10.28 UNIFORM SVCS: PARKS MAINT: PW

68.53 FLOOR MATS/TOWEL RENTALS: CR(

31.45 FLOOR MATS/TOWEL RENTALS: SEl'

24.52 UNIFORM SERVICES: PARKS MAINT

4.62 369.33
504317 3/30/2023
022537 REFRIGERATION SUPPLIES,
MISC HVAC SUPPLIES: LIBRARY
277.13

DISTRIBUTOR
MISC HVAC SUPPLIES: TVE2
166.00
MISC HVAC SUPPLIES: LIBRARY

45.06 MISC HVAC SUPPLIES: CIVIC CTR

93.73 581.92
504318 3/30/2023
002412 RICHARDS WATSON AND
FEB 2023 LEGAL SERVICES
177.00

GERSHON
FEB 2023 LEGAL SERVICES
5,967.13
FEB 2023 LEGAL SERVICES
147.50
FEB 2023 LEGAL SERVICES
1,563.50
7,855.13
504319 3/30/2023
004274 SAFE AND SECURE
LOCKSMITH SVCS: PARKS: PW

30.93 LOCKSMITH SRVC
LOCKSMITH SVCS: PARKS: PW

71.21 102.14
504320 3/30/2023
007345 SDSU RESEARCH

RADIO COMMUNICATION TOWER
7,274.36
7,274.36

FOUNDATION
LEASE: IT
504321 3/30/2023 009213 SHERRY BERRY MUSIC JAZZ @ THE MERC 3/16 392.00 392.00 504322 3/30/2023 020545 SOCIAL WORK ACTION GROUP FEB HOMELESS/STREET OUTREACH: 20,781.10 20,781.10 TCSD
504323 3/30/2023 000944 SWARCO MCCAIN INC TRAFFIC CABINET: STREET MAINT: PW 21,636.78 21,636.78 504324 3/30/2023 003849 TERRYBERRY COMPANY EMPLOYEE SVC RECOGNITION: HR 497.78 497.78 504325 3/30/2023 021603 TITAN RENTALS GROUP INC, RENTALS: SPECIAL EVENTS: TCSD 424.21 424.21

TITAN TENT & EVENT RENTAL
Page:6

apChkLst Final Check List Page: 7
03/29/2023 10:05:01AM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date Vendor
504326 3/30/2023 018147 WADDLETON. JEFFREY L
504327 3/30/2023 020275 WALLACE & ASSOC

CONSULTING LLC, ANSER

ADVISORY MNGMT LLC
(Continued)
Description
DJ/MC SOUND SVCS: SPECIAL
EVENTS
DJ SVCS: SKATE PARK JAMS: CRC:

CONSTRUCTION INSP SVCS: PW21-06
Amount Paid
525.00
525.00
2,484.00
Grand total for EFT UNION BANK:

Check Total
1,050.00
2,484.00
906,158.65
Page:7

apChkLst Final Check List Page: 8
03/29/2023 10:05:01AM CITY OF TEMECULA
52 checks in this report.

Grand Total All Checks: 1,219,438.38
Page:8

apChkLst Final Check List Page: 1
03/30/2023 3:05:06PM CITY OF TEMECULA
Bank: union UNION BANK
Check # Date Vendor
211874 3/30/2023 004422 AMERICAN BATTERY

CORPORATION, DBA

AMERICAN BATTERY SUP
211875 3/30/2023 011954 BAKER AND TAYLOR INC
211876 3/30/2023 020574 BATTERY SYSTEMS INC
211877 3/30/2023 003138 CAL MAT, DBA VULCAN

MATERIALS CO
211878 3/30/2023 004241 CALIF DEPT OF STATE

ARCHITECT
211879 3/30/2023 004241 CALIF DEPT OF STATE

ARCHITECT
Description
BATTERIES: PBSP: PARKS
BOOK COLLECTIONS: RHRTPL: TCSD
BOOK COLLECTIONS: RHRTPL: TCS
BOOK COLLECTIONS: RHRTPL: TCS

TRAFFIC SIGNAL EQUIP ENHANCE
PRGM
ASPHALT SUPPLIES: STREET
MAINT:PW
ASPHALT SUPPLIES: STREET MAINI
REMITTANCE OF AB1379 - QE DEC
2022
REMITTANCE OF SB1186 - QE DEC
2022
211880 3/30/2023 004971 CANON FINANCIAL SERVICES MAR COPIERS LEASE: LIBRARY INC
211881 3/30/2023 018828 CASC ENGINEERING AND,

CONSULTING INC
211882 3/30/2023 005417 CINTAS PROTECTION NO 2,
CINTAS FIRE 636525
211883 3/30/2023 013379 COSSOU, CELINE
JAN ENG SVCS: CATCH BASIN

ANALYSIS
FEB ENG SVCS: CATCH BASIN ANAL
FIRE EXTINGUISHER INSPEC:

CHILDREN MUSEU
FIRE EXTINGUISHER INSPECTION:

FIRE EXTINGUISHER INSPECTION: I
FIRE EXTINGUISHER INSPECTION: I
FIRE EXTINGUISHER INSPECTION: (
FIRE EXTINGUISHER INSPEC: SOMA
FIRE EXTINGUISHER INSPECTION: I
FIRE EXTINGUISHER INSPECTIONS:

FIRE EXTINGUISHER INSPECTION: I
FIRE EXTINGUISHER INSPECTION: \
FIRE EXTINGUISHER INSPECTION: P
FIRE EXTINGUISHER INSPECTION: -
FIRE EXTINGUISHER INSPECTION: I
FIRE EXTINGUISHER INSPECTION:,
FIRE EXTINGUISHER INSPECTION: I
FIRE EXTINGUISHER INSPECTION: I
FIRE EXTINGUISHER INSPECTION: -

TCSD INSTRUCTOR EARNINGS
Amount Paid

98.18 10.17
120.96

8.27 9,205.69
489.59
254.09
1,255.60

0.90 671.56
3,503.50
872.50

54.34 190.50

54.34 32.24
601.04

41.08 72.02
166.75

72.81 58.76
191.62
182.39

58.76 54.34

36.66 89.70

89.70 350.00
Check Total

98.18 139.40
9,205.69
743.68
1,255.60

0.90 671.56

4.376.00
2,047.05
350.00
Page:1

apChkLst
03/30/2023
3:05:06PM
Final Check List

CITY OF TEMECULA
Page: 2
Bank: union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
211884
3/30/2023
017038

CPS HR CONSULTING
CLASSIFICATION STUDY: HR
5,500.00
5,500.00
211885
3/30/2023
001233

DANS FEED AND SEED INC
MISC SUPPLIES: STREET MAINT: PW

33.16 33.16
211886
3/30/2023
012600

DAVID EVANS AND
DSGN SVCS: DEMO GARDEN MIKE
1,061.00

ASSOCIATES INC

NAGGAR PRK
ENG DSGN SVCS: HOCKEY RINK: RI
10,629.50
ENG SVCS: SANTA GERTRUDIS CRI<
617.00
FEB DSGN SVCS: DIAZ RD PROJ PV\
3,967.00
16,274.50
211887
3/30/2023
000165

FEDERAL EXPRESS INC
EXPRESS MAIL SVCS: THEATER: TCSD

41.32 EXPRESS MAIL SVCS: TCSD

14.09 55.41
211888
3/30/2023
009097

FULL COMPASS SYSTEMS
SOUND/LIGHTING & MISC SUPPLIES:
126.40
126.40

THEATER
211889
3/30/2023
009608

GOLDEN VALLEY MUSIC
CLASSICS @ THE MERC 3/12 & 3/26
388.50
388.50

SOCIETY, DBA CA CHAMBER

ORCHESTRA
211890
3/30/2023
023252

GOSCH, MARC
ENG REFUNDABLE DEPOSIT:
3,000.00
3,000.00
LD19-2008
211891
3/30/2023
001013

HINDERLITER DE LLAMAS &

JAN-MAR SALES TAX & RECOVERY
5,533.01
5,533.01
ASSOC
SVCS
211892
3/30/2023
003198

HOME DEPOT
HARDWARE SUPPLIES: CIVIC CTR

92.18 92.18
211893
3/30/2023
012342

INLAND CUTTER SERVICE INC
PAPER FOLDER MAINT: CENTRAL
425.00
425.00
SVCS
211894
3/30/2023
000750

INTOXIMETERS INC
ASIV MOUTHPIECES: TEM SHERIFF
209.02
209.02
211895
3/30/2023
023210

JAVIER I GONZALEZ, DBAJ
HVAC SUPPLIES: PBSP RENOVATION
1,344.15

QUALITY CONTROLS
HVAC SUPPLIES: CRC

83.74 1,427.89
211896
3/30/2023
016257

KELLY SPICERS INC, DBA
MISC PAPER SUPPLIES: CENTRAL
1,691.86

KELLY SPICERS STORES
SVCS
MISC PAPER SUPPLIES: CENTRAL S
294.79
1,986.65
211897
3/30/2023
017118

KRACH BREE B, DBA
PLAQUES: PLANNING COMMISSION

93.53 TEMECULA TROPHY & DES
RIC TAGS/PLATES: FIRE DEPT

43.50 RIC TAGS: STATIONS: FIRE

73.41 EMPLOYEE RECOGNITION AWARDS

81.56 292.00
211898
3/30/2023
013982

M C I COMM SERVICE
MAR &DK89878 XXX-0714 USAGE MALL

39.53 PD
MAR 7DK90589 XXX-0346 GEN USAC

37.59 77.12
Paget

apChkLst
Final Check List
Page: 3
03/30/2023
3:05:06PM

CITY OF TEMECULA
Bank: union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
211899
3/30/2023
016705

MADD SOUTHERN CALIFORNIA
SPONSORSHIP: WALK LIKE MADD: HR
500.00
500.00
211900
3/30/2023
000394

MAINTENANCE
MEMBERSHIP RENEWAL: STREETS:

90.00 SUPERINTENDENT,
PW

ASSOCIATION
MEMBERSHIP RENEWAL: STREETS:

75.00 165.00
211901
3/30/2023
000249

PETTY CASH

PETTY CASH REIMBURSEMENT
524.15
524.15
211902
3/30/2023
023118

POULIOT, BLAKE
THEATER PERFORMANCE: 10/29/22
5,500.00
5,500.00
211903
3/30/2023
002072

RANCHO CALIF WATER DIST
RECYCLED WATER RETROFIT FEES:
11,000.00
11,000.00
-FEES
PW21-04
211904
3/30/2023
023271

REGENTS OF THE UNIVERSITY
sexual assault exam: tern sheriff
911.00
911.00

CA, SANTA MONICA UCLA

MEDICAL
211905
3/30/2023
022494

REVZILLA MOTORSPORTS LLC,
UNIFORM SUPPLIES: TEM SHERIFF
640.80
640.80
DBA REVZILLA.COM
211906
3/30/2023
000418

RIVERSIDE CO CLERK AND,
CEQA FILINGS: CIP: PW17-28

50.00 RECORDER
CEQA FILINGS: CIP: PW19-09

50.00 CEQA FILINGS: CIP: PW21-03

50.00 CEQA FILING: CIP: PW22-08

50.00 200.00
211907
3/30/2023
004822

RIVERSIDE TRANSIT AGENCY
FEB TROLLEY SVCS: CITY MGR
2,198.60
DEC TROLLEY SVCS: CITY MGR
2,198.60
4,397.20
211908
3/30/2023
017699

SARNOWSKI SHAWNA M
PHOTOGRAPHY SVCS: SPECIAL
175.00
175.00

PRESTON
GAMES 3/18
211909
3/30/2023
022929

SCP DISTRIBUTORS LLC, DBA
MISC POOL SUPPLIES: AQUATICS
795.98

LINCOLN AQUATICS
MISC POOL SUPPLIES: AQUATICS: F
-150.00
645.98
211910
3/30/2023
014818

SKYFIT TECH INC
FITNESS CENTER MAINT SVCS: RISK
195.00
195.00
211911
3/30/2023
000519

SOUTH COUNTY PEST
PEST CONTROL SVCS: DUCK POND

49.00 CONTROL INC
PEST CONTROL SVCS: CALLE ARAC

94.00 PEST CONTROL SVCS: HARVESTON

95.00 PEST CONTROL SVCS: THEATER: P)

90.00 PEST CONTROL SVCS: CIVIC CTR
120.00
448.00
211912
3/30/2023
012789

STUART, JENNIFER SARAH

TCSD INSTRUCTOR EARNINGS
6,320.00

TCSD INSTRUCTOR EARNINGS
6,320.00
12,640.00
Page:3

apChkLst
03/30/2023
3:05:06PM
Final Check List

CITY OF TEMECULA
Page: 4
Bank: union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
211913
3/30/2023
009061

STURDIVANT, ANGELA P

TCSD INSTRUCTOR EARNINGS
269.50
269.50
211914
3/30/2023
023251

SWEET, ALLEN
ENG REFUNDABLE DEPOSIT:
6,500.00
6,500.00
LD20-3447
211915
3/30/2023
020911

T MOBILE USA INC
GPS LOCATE: TEM SHERIFF
100.00
GPS LOCATE: TEM SHERIFF

25.00 125.00
211916
3/30/2023
003599

T Y LIN INTERNATIONAL
1/28-3/3 CONSULT: FV PKWY/1-15: PH II
7,378.92
ENG & CONSULT SVCS: FVP PH 11
9,734.92
17,113.84
211917
3/30/2023
023262

TAYLOR MORRISON OF CALIF
REFUNDABLE DEPOSIT: LD20-1439
35,500.00
35,500.00
LLC
211918
3/30/2023
003677

TEMECULA MOTORSPORTS
VEHICLE MAINT & REPAIR: POLICE
989.92
989.92
LLC
211919
3/30/2023
000515

TEMECULA VALLEY CHAMBER
TVCC SPONSORSHIP FUNDS: ECON
50,000.00
50,000.00

OF, COMMERCE
DEV
211920
3/30/2023
000306

TEMECULA VALLEY PIPE &
CONTRUCTION MATERIALS: STREET
6,765.12
6,765.12
SUPPLY
MAINT
211921
3/30/2023
002452

TOP LINE INDUSTRIAL,
MISC SUPPLIES: STREET MAINT: PW

40.15 40.15

PRODUCTS INC
211922
3/30/2023
022046

TURBOSCAPE INC
LANDSCAPE ENHANCEMENT:
36,580.00
36,580.00
MEDIANS: PARKS
211923
3/30/2023
000161

TYLER TECHNOLOGIES INC
MUNIS MIGRATION SVCS: FINANCE
10,500.00
MUNIS MIGRATION SVCS: FINANCE
2,800.00
13,300.00
211924
3/30/2023
002702

USPS POC, ACCOUNT
JAN '23 POSTAGE METER DEPOSIT
2,996.27
8089685
FEB '23 POSTAGE METER DEPOSIT
2,397.34
5,393.61
211925
3/30/2023
007987

WALMART
MISC SUPPLIES: CRC: TCSD

38.18 SUPPLIES: SKATE PARK: CRC

50.47 MISC SUPPLIES: EASTER HUNT: TC
2,098.04
MISC SUPPLIES: SPECIAL EVENTS:

27.44 2,214.13
211926
3/30/2023
023264
WINSUPPLY VISTA CA CO, DBA ELECTRICAL SUPPLIES: CIVIC CTR 113.08
113.08

ELECTRICAL SALES INC
Grand total for UNION BANK: 267,155.38
Page:4

apChkLst Final Check List Page: 5
03/30/2023 3:05:06PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date Vendor
504328 3/30/2023 003747 FINE ARTS NETWORK AKA

THEATRE, CO AND BALLET

THEATER
Description
Amount Paid Check Total
STTLMNT: THE SPONGEBOB MUSICAL 19,538.25 19,538.25
Grand total for EFT UNION BANK: 19,538.25
Page:5

apChkLst Final Check List Page: 6
03/30/2023 3:05:06PM CITY OF TEMECULA
54 checks in this report.

Grand Total All Checks: 286,693.63
Page.-6

apChkLst Final Check List Page: 1
03/30/2023 3:06:09PM CITY OF TEMECULA
Bank: union UNION BANK
Check # Date Vendor
14887 3/20/2023 020062 MEDLINE INDUSTRIES LP
Description
QE DEC 2022 SALES TAX PHS
Amount Paid
357,484.00
Grand total for UNION BANK:

Check Total
357,484.00
357,484.00
Page:1

apChkLst Final Check List Page: 2
03/30/2023 3:06:09PM CITY OF TEMECULA
checks in this report.

Grand Total All Checks: 357,484.00
Paget

apChkLst Final Check List Page: 1
04/04/2023 2:58:42PM CITY OF TEMECULA
Bank: union UNION BANK
Check #
Date
Vendor
Description
14846
3/2/2023
000246

PERS EMPLOYEES

PERS RETIREMENT PAYMENT

RETIREMENT
14877
3/23/2023
000246

PERS EMPLOYEES

PERS RETIREMENT PAYMENT

RETIREMENT
14890
3/30/2023
010349

CALIF DEPT OF CHILD

SUPPORT PAYMENT

SUPPORT
14891
3/30/2023
021301
1 C M A RETIREMENT PLAN
ICMA- 401(A) RETIREMENT PLAN
106474

PAYMENT
14892
3/30/2023
000194
1 C M A RETIREMENT PLAN
ICMA-RC RETIREMENT TRUST 457
303355

PAYMENT
14893
3/30/2023
000444

INSTATAX EDD

STATE TAX PAYMENT
14894
3/30/2023
000283

INSTATAX IRS

FEDERAL TAX PAYMENT
14895
3/30/2023
001065

NATIONWIDE RETIREMENT

NATIONWIDE RETIREMENT PAYMENT

SOLUTION
14896
3/30/2023
019088

NATIONWIDE RETIREMENT

NATIONWIDE LOAN REPAYMENT

SOLUTION

PAYMENT
14897
3/30/2023
000389

NATIONWIDE RETIREMENT

OBRA- PROJECT RETIREMENT

SOLUTION

PAYMENT
Amount Paid Check Total
147,384.57 147,384.57
147, 560.67 147, 560.67
138.92 138.92
384.62 384.62
17,625.31 17,625.31
35,665.48
35,665.48
108, 793.84
108,793.84
14,471.21
14,471.21
427.79 427.79
4,104.62 4,104.62
Grand total for UNION BANK: 476,557.03
Page:1

apChkLst Final Check List Page: 2
04/04/2023 2:58:42PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date Vendor
504329 4/6/2023 013015 ALWAYS RELIABLE

BACKFLOW, AKA NANETTE
SEMAN
Description Amount Paid
BACKFLOW TESTING: VARI FACILITIES 864.00
BACKFLOW REPAIR: NAKAYAMA PAI
BACKFLOW TEST: VARIOUS SLOPE
504330
4/6/2023
007282 AMAZON CAPITAL SERVICES
MISC OFC SUPPLIES: PLANNING:

INC

BLDG & SAFE
MISC MAINT SUPPLIES: STREETS: F
MISC OFC SUPPLIES: CIP: PW
504331
4/6/2023
004240 AMERICAN FORENSIC NURSES
MAY STAND BY FEE: POLICE
AFN
DRUG/ALCOHOL ANALYSIS: TEM SF
DRUG/ALCOHOL ANALYSIS: TEM SF
504332
4/6/2023
021400 AYERS ELECTRIC INC
ELECTRICAL MAINT SVCS: CROWN
HILL
ELECTRICAL MAINT SVCS: RRSP
504333
4/6/2023
022917 EMPLOYEE #00621
REIMB: MILEAGE: MUNIS TRAINING
504334 4/6/2023 022651 BRAND ASSASSINS OLD TOWN TEM WAYFINDING

SIGNAGE
504335 4/6/2023
011421 BRODART CO
BOOK COLLECTIONS: RHRTPL: TCSD
BOOK COLLECTIONS: RHRTPL: TCS
504336 4/6/2023
022670 BROWN JAMAL DEON, DBA

TCSD INSTRUCTOR EARNINGS

JDB TRAINING

TCSD INSTRUCTOR EARNINGS

TCSD INSTRUCTOR EARNINGS

TCSD INSTRUCTOR EARNINGS
504337 4/6/2023
021502 BUCHER, BRET PHILLIP

TCSD INSTRUCTOR EARNINGS

TCSD INSTRUCTOR EARNINGS

TCSD INSTRUCTOR EARNINGS

TCSD INSTRUCTOR EARNINGS

TCSD INSTRUCTOR EARNINGS
504338 4/6/2023
021230 CONSOLIDATED ELECTRICAL
STREET LIGHT GLOBE: PW

DISTR, DBA CALIF ELECTRIC
SUPPLY
504339 4/6/2023 017542 COX, KRISTI LYN TCSD INSTRUCTOR EARNINGS

TCSD INSTRUCTOR EARNINGS

TCSD INSTRUCTOR EARNINGS
504340 4/6/2023 008289 EMPLOYEE #00512 REIMB: SMAF/SCPPOA WRKSHP 3/16 365.00
108.00

60.03 51.02

18.04 1,420.55
248.04

62.01 600.00
200.00
170.30
104.38

26.36 8.48
656.25
630.00
551.25
306.25
1,176.00
499.80
382.20
358.27
269.50
585.08
294.00
224.00

84.00 90.00
Check Total
1,337.00
129.09
1,730.60
800.00
170.30
104.38

34.84 2,143.75
2,685.77
585.08
602.00

90.00 Paget

apChkLst Final Check List Page: 3
04/04/2023 2:58:42PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
504341
4/6/2023
004192

DOWNS ENERGY FUEL
FUEL FOR CITY VEHICLES: PARK
2,558.76
MAINT: PW
FUEL FOR CITY VEHICLES: STREET
2,452.68
FUEL FOR CITY VEHICLES: TRAFFIC
324.83
FUEL FOR CITY VEHICLES: CIP: PW
244.66
FUEL FOR CITY VEHICLES: BLDG &
164.98
FUEL FOR CITY VEHICLES: CODE E
136.06
FUEL FOR CITY VEHICLES: LAND DI
110.62
FUEL FOR CITY VEHICLES: PARKS:

50.01 6,042.60
504342
4/6/2023
003342

HABITAT FOR HUMANITY,
CDBG REIMB: WEBER
8,238.35
8,238.35

INLAND VALLEY INC
504343
4/6/2023
020908
EMPLOYEE #00527
REIMB: MUNIS TRAINING 03/30/23

77.29 77.29
504344
4/6/2023
006914

INNOVATIVE DOCUMENT

FEB COPIER
5,583.06

SOLUTIONS
MAINT/REPAIR/USAGE:CITYWIDE

FEB COPIER MAINT/REPAIR/USAGE
398.79
5,981.85
504345
4/6/2023
013286

INTRADO LIFE & SAFETY INC
FEB ENTERPRISES 911 SVC: INFO
300.00
300.00
TECH
504346
4/6/2023
000482

LEIGHTON CONSULTING INC
MATUS TESTING SVCS: CRC RENO:
6,711.16
6,711.16
PW19-17
504347
4/6/2023
022664

MARIPOSATREE
TREE SVCS: ROW: PARKS
1,663.14

MANAGEMENT INC
TREE SVCS: ROW: PARKS
1,328.21
2,991.35
504348
4/6/2023
018675

MDG ASSOCIATES INC
FEB ADA LABOR COMPLIANCE SVCS:
179.38
179.38
PW20-13
504349
4/6/2023
013443

MIDWEST TAPE LLC
BOOKS ON TAPE: LIBRARY
136.01
136.01
504350
4/6/2023
012264

MIRANDA, JULIO C

TCSD INSTRUCTOR EARNINGS
604.80

TCSD INSTRUCTOR EARNINGS
302.40

TCSD INSTRUCTOR EARNINGS
252.00

TCSD INSTRUCTOR EARNINGS
134.40
1,293.60
504351
4/6/2023
004043

MISSION ELECTRIC SUPPLY
ELECTRICAL SUPPLIES: PARKS: PW
557.47
INC
ELECTRICAL SVCS: PARKS: PW

95.52 652.99
504352
4/6/2023
004040

MORAMARCO ANTHONY J,
COMMUNITY MURAL PROJ: TCSD
700.00

DBA BIGFOOT GRAPHICS
SIGNAGE: WELCOME CTR: TCSD
600.00
ISRAEL ART ACTIVITY: EVENTS: TC:
400.00
1,700.00
504353
4/6/2023
020946

MUSSON THEATRICAL INC
MISC SUPPLIES: THEATER: TCSD
325.39
325.39
Page:3

apChkLst Final Check List Page: 4
04/04/2023 2:58:42PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
504354
4/6/2023
021998

OLD TOWN TIRE AND SERVICE
VEHICLE REPAIRS: PARKS: PW
1,422.21
INC
VEHICLE REPAIRS: PARKS: PW

51.26 VEHICLE REPAIRS: PARKS: PW

35.03 VEHICLE REPAIRS: PARKS: PW

30.61 1,539.11
504355
4/6/2023
005075

PRUDENTIAL OVERALL
FLOOR MATS/TOWEL RENTALS: TCC

14.32 SUPPLY
FLOOR MATS/TOWEL RENTALS: TVI

12.74 UNIFORM SVCS: PARK MAINTENAN,

68.53 UNIFORM SVCS: PW STREET MAINS

47.06 FLOOR MATS/TOWEL RENTALS: CRC

31.45 FLOOR MATS/TOWEL RENTALS: LIB

19.88 UNIFORM SVCS: PW STREET MAINS

19.53 FLOOR MATS/TOWEL RENTALS: THI

9.89 UNIFORM SVCS: PARKS MAINT: PW

4.62 228.02
504356
4/6/2023
022537

REFRIGERATION SUPPLIES,
MISC HVAC SUPPLIES: CIVIC CTR
327.12
327.12

DISTRIBUTOR
504357
4/6/2023
002412

RICHARDS WATSON AND
FEB 2023 LEGAL SERVICES
531.00
531.00

GERSHON
504358
4/6/2023
021981
EMPLOYEE #00606
REIMB: LCW CONF
112.53
REIMB: RFRSHMNTS FOR INTERVIE

46.53 159.06
504359
4/6/2023
004274

SAFE AND SECURE
LOCKSMITH SVCS: CODE
192.00

LOCKSMITH SRVC

ENFORCEMENT
LOCKSMITH SVCS: CODE ENFORCE
170.00
362.00
504360
4/6/2023
009213

SHERRY BERRY MUSIC
STAND UP COMEDY @ THE MERC
3,858.75
3/25/23
STAND UP COMEDY @ THE MERC 3
1,350.00
JAZZ @ THE MERC 2/23
745.00
JAZZ @ THE MERC 3/23/23
540.00
6,493.75
504361
4/6/2023
009746

SIGNS BY TOMORROW
SIGN POSTING SVCS: PA21-0128:
1,068.75
PLNG
SIGN POSTING SVCS: LR21-0279: PI
641.25
SIGN POSTING SVCS: PA22-0621: PI
213.75
SIGN POSTING SVCS: PA22-0293: PI
213.75
SIGN POSTING SVCS: PA21-1023: PI
213.75
2,351.25
504362
4/6/2023
021603

TITAN RENTALS GROUP INC,
RENTALS: EMPLOYEE RECOG: TEAM
2,491.06
2,491.06

TITAN TENT & EVENT RENTAL
PACE
504363
4/6/2023
017415

TK ELEVATOR CORPORATION
ELEVATOR REPAIR: TVE2: PW
1,243.92
1,243.92
504364
4/6/2023
010046

TV CONVENTION &VISITORS
JAN 23 BUS. IMPRV DISTRICTASMNTS
140,938.67
140,938.67

BUREAU, DBA VISIT TEMECULA
VALLEY
Page:4

apChkLst Final Check List Page: 5
04/04/2023 2:58:42PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date Vendor
504365 4/6/2023 018147 WADDLETON, JEFFREY L
(Continued)
Description

TCSD INSTRUCTOR EARNINGS
Amount Paid

1.121.40
Grand total for EFT UNION BANK:

Check Total

1.121.40
202, 829.14
Page:5

apChkLst Final Check List Page: 6
04/04/2023 2:58:42PM CITY OF TEMECULA
47 checks in this report.

Grand Total All Checks: 679,386.17
Page:6

apChkLst
Final Check List
Page: 1
04/04/2023
4:13:22PM

CITY OF TEMECULA
Bank: union UNION BANK
Check #
Date
Vendor
Description
Amount Paid
Check Total
211927
4/3/2023
002185

US POSTAL SERVICE
POSTAGE: TEMECULA BROCHURE:
8,433.84
8,433.84
TCSD
211928
4/4/2023
011954

BAKER AND TAYLOR INC
BOOK COLLECTIONS: RHRTPL: TCSD
187.79
BOOK COLLECTIONS: RHRTPL: TCS
124.36
BOOK COLLECTIONS: RHRTPL: TCS

33.44 BOOK COLLECTIONS: RHRTPL: TCS

24.15 369.74
211929
4/4/2023
021650

BALBOA PARK CULTURAL
DAY CAMP EXCURSION: BALBOA TCSD
6,624.00
6,624.00

PARTNRSHP
211930
4/4/2023
001323

BLUETRITON BRANDS INC,
WATER DELIVERY SVCS: PBSP
150.36

DBA READYREFRESH
WATER DLVRY SVCS: TES POOL

40.43 190.79
211931
4/4/2023
023269

CALIFORNIA DINNER,

SUMMER DAY CAMP
4,730.28
4,730.28

ENTERTAINMENT LLC
EXCURSION:TCSD
211932
4/4/2023
019878

CERTIFIED ACCESS
WEBINAR REGISTRATION: BLDG &

75.00 SPECIALIST, INSTITUTE
SAFETY
WEBINAR REGISTRATION: BLDG &!

35.00 110.00
211933
4/4/2023
005417
CINTAS PROTECTION NO 2,
FIRE EXTINGUISHER INSPECTION:

41.08 CINTAS FIRE 636525
TCC
FIRE EXTINGUISHER INSPECTION:'

36.66 FIRE EXTINGUISHER INSPECTION: 1

36.66 114.40
211934
4/4/2023
023175

COMPLETE OFFICE OF
MISC OFC SUPPLIES: PLANNING
300.05

CALIFORNIA, INC
MISC OFC SUPPLIES: PLANNING
267.38
MISC OFC SUPPLIES: PLANNING
135.48
MISC OFC SUPPLIES: CODE ENFOR

17.92 720.83
211935
4/4/2023
002982

FRANCHISE TAX BOARD

SUPPORT PAYMENT PAYMENT

50.00 50.00
211936
4/4/2023
014100

GODS FAN CLUB, DBA
CC DISCRETIONARY FUNDS: JS
1,000.00
1,000.00

PROJECT TOUCH
211937
4/4/2023
020913

MINDTRAP ESCAPE ROOM
ESCAPE ROOM: TEEN CAMP: CRC
840.00
840.00
211938
4/4/2023
004522

MULLIGANS FAMILY FUN
EXCURSION: TEEN DAY CAMP: TCSD
815.82
815.82

CENTER, DBA MULLIGAN

GROUP INC
211939
4/4/2023
022994

ROBINSON, KENT
REIMB: PUBLICATIONS: BLDG &

67.39 67.39
SAFETY
211940
4/4/2023
014056

TEMECULA YOUTH BASEBALL
REFUND: SEC DEP: SNACK BAR
400.00
400.00
Page:1

apChkLst Final Check List Page: 2
04/04/2023 4:13:22PM CITY OF TEMECULA
Bank: union UNION BANK
Check # Date Vendor
211941 4/4/2023 022046 TURBOSCAPE INC
211942 4/4/2023 023055 VAN OTTERLOO INC
(Continued)
Description
LANDSCAPE ENHANCEMENT: PARKS
PW
Amount Paid
31, 310.00
VEHICLE REPAIRS: STREET MAINT: 1,424.75
PW
VEHICLE REPAIRS: STREET MAINT: 1,094.87
Grand total for UNION BANK:

Check Total

31.310.00
2,519.62
58,296.71
Paget

apChkLst Final Check List Page: 3
04/04/2023 4:13:22PM CITY OF TEMECULA
16 checks in this report.

Grand Total All Checks: 58,296.71
Page:3

apChkLst
04/06/2023
4:48:15PM
Final Check List

CITY OF TEMECULA
Page: 1
Bank:
union UNION BANK
Check #
Date
Vendor
Description
Amount Paid
Check Total
211943
4/6/2023
015592

BAMM PROMOTIONAL
STAFF APPAREL: PTS COMMISSION:
217.26
217.26

PRODUCTS INC
PW
211944
4/6/2023
011348

BONCOR WATER SYSTEMS
03/30-04/26 WTR FILTER: FIRE STA 73
330.00
330.00

LLC, DBA SUNSHINE WATER
SOFT
211945
4/6/2023
021251

CADENZA STRING
FY 22/23 COMMUNITY SVC FUNDING
5,000.00
5,000.00

ORCHESTRA
211946
4/6/2023
003138

CAL MAT, DBA VULCAN
ASPHALT SUPPLIES: STREET MAINT:
633.40

MATERIALS CO
PW
ASPHALT SUPPLIES: STREET MAINT
591.90
ASPHALT SUPPLIES: STREET MAINT
302.36
1,527.66
211947
4/6/2023
009640

CERTIFION CORP DBA
MAR ONLINE DATABASE SUBSCR:
200.00
200.00

ENTERSECT
POLICE
211948
4/6/2023
023158

COMMERCIAL CLEANING BY
JANITORIAL SVCS: MALL SUBSTATION:
814.77
814.77

ROGERS, SERVICEMASTER
TEM SH

COMMERCIAL
211949
4/6/2023
023175

COMPLETE OFFICE OF
MISC OFC SUPPLIES: STA 95: FIRE
159.22
159.22

CALIFORNIA, INC
211950
4/6/2023
012600

DAVID EVANS AND
FEB DOG PARK RENOVATION: CIP: PW
8,680.67
8,680.67

ASSOCIATES INC
211951
4/6/2023
000165

FEDERAL EXPRESS INC
EXPRESS MAIL SVCS: PARKS: PW

20.92 EXPRESS MAIL SVCS: POLICE DEPI

20.63 EXPRESS MAIL SVCS: FIRE DEPT

16.59 EXPRESS MAIL SVCS: FIRE DEPT

8.74 66.88
211952
4/6/2023
018858

FRONTIER CALIFORNIA INC
MAR INTERNET SVCS: CIVIC CTR
101.95
MAR INTERNET SVCS: CIVIC CTR
101.95
MAR INTERNET SVCS: CIVIC CTR
101.95
MAR INTERNET SVCS: CIVIC CTR
101.95
MAR INTERNET SVCS: CIVIC CTR
101.95
MAR INTERNET SVCS: CIVIC CTR
101.95
MAR INTERNET SVCS: CIVIC CTR
101.95
MAR INTERNET SVCS: CIVIC CTR
101.95
MAR INTERNET SVCS: CIVIC CTR
101.95
MAR INTERNET SVCS: CIVIC CTR
101.95
1,019.50
211953
4/6/2023
012066

GEOCON WEST INC
GEOTECHNICAL REVIEW:
3,000.00
3,000.00

WINCHESTER/DIAZ
211954
4/6/2023
022832

GEOTAB USA INC
VEHICLE TELEMATICS: CITY FLEET
1,602.75
1,602.75
Page:1

apChkLst
04/06/2023
4:48:15PM
Final Check List

CITY OF TEMECULA
Page: 2
Bank : union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
211955
4/6/2023
000186

HANKS HARDWARE INC
MISC SMALL TOOLS & EQUIP: CIP: PW
1,028.23
MISC MAINT SUPPLIES: PARKING S�
573.99
MISC MAINT SUPPLIES: TRAFFIC: P\
448.29
MISC MAINT SUPPLIES: CIVIC CTR
188.65
2,239.16
211956
4/6/2023
003198

HOME DEPOT
HARDWARE SUPPLIES: CIVIC CTR
292.39
HRDWR SUPPLIES: PARKS: PW

85.87 378.26
211957
4/6/2023
022569

INLAND FLEET SOLUTIONS INC
VEHICLE REPAIRS: STREETS: PW
177.19
177.19
211958
4/6/2023
021896

JP HANDMADE CORP, DBA
PRINT MEDIA: SPECIAL EVENTS: TCSD
537.54

MINUTEMAN PRESS
BUSINESS CARDS: TCSD
308.52
BUSINESS CARDS: CODE ENFORCE

81.82 927.88
211959
4/6/2023
003076

MET LIFE INSURANCE

DENTAL COBRA PAYMENT
419.14
419.14

COMPANY
211960
4/6/2023
022963
EMPLOYEE #00595
REIMB: TEAM PACE
410.92
410.92
211961
4/6/2023
017861

MYTHOS TECHNOLOGY INC
APR-JUN MONITORING SVCS: TVE2
450.00
450.00
211962
4/6/2023
000418

RIVERSIDE CO CLERK AND,
CEQA FILINGS: PLANNING

50.00 50.00

RECORDER
211963
4/6/2023
017699

SARNOWSKI SHAWNA M
PHOTOGRAPHY SVCS: REDI MTG 2/9
450.00
450.00

PRESTON
211964
4/6/2023
013695

SHRED IT US JV LLC, IDEA
DOCUMENT SHRED SVCS: CITY CLERK

31.04 31.04

SHRED IT USA LLC
211965
4/6/2023
014818

SKYFIT TECH INC
FITNESS CENTER MAINT SVCS: RISK
185.00
185.00
211966
4/6/2023
000519

SOUTH COUNTY PEST
PEST CONTROL SVCS: STA 95
854.00

CONTROL INC

EMERGENCY PEST CONTROL SVCS

94.00 PEST CONTROL SVCS: LIBRARY

90.00 PEST CONTROL SVCS: JRC

74.00 PEST CONTROL SVCS: STA 12

74.00 PEST CONTROL SVCS: TVE2

56.00 PEST CONTROL SVCS: WEST WING

40.00 PEST CONTROL SVCS: SENIOR CEIN

29.00 1,311.00
211967
4/6/2023
008337

STAPLES BUSINESS CREDIT
MISC OFC SUPPLIES: CIP: PW

41.42 41.42
211968
4/6/2023
023221

SWCA INCORPORATED
CONSULT SVCS: WILDFIRE
7,104.41
7,104.41

PROTECTION PLAN
Paget

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04/06/2023 4:48:15PM CITY OF TEMECULA
Bank: union UNION BANK
(Continued)
Check #
Date
Vendor
Description
211969
4/6/2023
020911

T MOBILE USA INC
GPS LOCATE: TEM SHERIFF
211970
4/6/2023
021932

TRENCH PLATE RENTAL CO
SHORING EQUIP: STREET MAINT: PW
211971
4/6/2023
000339

WEST PUBLISHING
MAR CLEAR SUBSCRIPTION: TEM

CORPORATION, DBATHOMSON SHERIFF

REUTERS
211972
4/6/2023
020193

WHITE CAP LP
MISC SUPPLIES: PARKS: PW
Amount Paid
100.00
4,524.05
1,053.45

39.80 Grand total for UNION BANK:

Check Total
100.00
4,524.05
1,053.45

39.80 42,511.43
Page:3

apChkLst Final Check List Page: 4
04/06/2023 4:48:15PM CITY OF TEMECULA
30 checks in this report.

Grand Total All Checks: 42,511.43
Page:4

tem No. 4

CITY OF TEMECULA

AGENDA REPORT
TO: City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: April 25, 2023
SUBJECT: Adopt Resolution Confirming the Decision of the Temecula Planning Commission to Revoke the Conditional Use Permit Issued to the Bank, Located at 28645 Old Town Front Street
PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council adopt a resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA CONFIRMING THE DECISION OF THE

TEMECULA PLANNING COMMISSION TO REVOKE THE

CONDITIONAL USE PERMIT ISSUED TO THE BANK,
LOCATED AT 28645 OLD TOWN FRONT STREET
BACKGROUND: The matter of the revocation of the conditional use permit of The Bank, was heard virtually on August 31, 2022 and September 1, 2022, before Administrative Law Judge Debra D. Nye -Perkins, with the Office of Administrative Hearings (OAH).

The matter was closed and submitted for decision on September 19, 2022. On October 19, 2022, the Administrative Law Judge issued a proposed decision revoking the conditional use permit of The Bank. The OAH Judge's proposed ruling is found in Attachment A.

A hearing was then set before the Planning Commission for December 19, 2022 to consider the proposed decision. At the request of Zip Third Investments, that hearing was continued to January 18, 2023. At the request of The Bank, the January 2023 hearing was continued to February 15, 2023.

On February 15, 2023, the Planning Commission heard the matter. Resolution No. 2023-04, setting forth the decision of the Planning Commission to confirm the decision of Administrative Law Judge Debra D. Nye -Perkins revoking the CUP, is attached. The record of proceedings and transcript of the Planning Commission hearing is also attached.

On March 10, 2023, The Bank and Zip Third Investments filed appeals of the Planning Commission decision to the City Council. The appeals were filed in a timely manner with the appropriate appeal fee. In response, the hearing before the City Council was scheduled for April 11, 2023, at 10 a.m. The appropriate public hearing notices and mailings were made. This hearing is a de novo proceeding and is limited to the record below and allows for public comment.

On April 11, 2023, the Temecula City Council heard the appeals filed by both Zip Third Investments and The Bank from the Planning Commission's granting of Resolution No. 2023-04 that confirmed the decision of the Administrative Law Judge to revoke the CUP subject to modification as to the nature of the CUP held by The Bank.

The attached resolution sets forth the decision of the City Council as made at its April 11, 2023 meeting. It is recommended that the City Council adopt said resolution formally declaring its decision in the matter.

FISCAL IMPACT: None
ATTACHMENTS: 1. Resolution

2. Exhibit A — OAH Proposed Decision

3. Record of Proceedings (City Council Agenda Packet)

RESOLUTION NO.2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA CONFIRMING THE DECISION OF THE

TEMECULA PLANNING COMMISSION TO REVOKE THE

CONDITIONAL USE PERMIT ISSUED TO THE BANK,
LOCATED AT 28645 OLD TOWN FRONT STREET

THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. The City Council of Temecula does hereby find, determine and declare that:

A. In November 2007, Craig Puma from CNC Puma Corporation submitted an application to the City for a Minor Conditional Use Permit on behalf of the Bank of Mexican Food Restaurant ("the Bank") located at 28645 Old Town Front Street in Temecula ("the Property").

Craig Puma from CNC Puma Corporation was the applicant. The application including the consent of the property owner Maureen Licata aka Maureen Meardon.

B. On January 3, 2008, the Planning Director approved 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) to authorize the sale of beer, wine and distilled spirits at the Bank.

C. On October 9, 2008, Craig Puma from CNC Puma Corporation submitted an application to the City for a Minor Modification Application on behalf of the Bank of Mexican Food Restaurant ("the Bank") located at 28645 Old Town Front Street in Temecula ("the Property"). Craig Puma from CNC Puma Corporation was the applicant. The application including the consent of the property owner Maureen Licata.

D. On October 9, 2008, the Planning Department approved Planning Application No.

PA08-0236, a Minor Modification to Minor Conditional Use Permit (PA07-0314) to extend the hours of operation for the sale, service and consumption of alcohol at the Bank.

E. On February 27, 2012, Craig Puma from CNC Puma Corporation submitted an application to the City for a Minor Modification on behalf of the Bank of Mexican Food Restaurant ("the Bank") located at 28645 Old Town Front Street in Temecula ("the Property"). Craig Puma from CNC Puma Corporation was the applicant. The application including the consent of the property owner Maureen Licata.

F. On February 28, 2012, the Planning Department approved Planning Application No. PA12-0041, a Minor Modification to Minor Conditional Use Permit (PA07-0314) to allow for dinner entertainment for the purpose of providing background music at the Bank. The February 28, 2012 approval contained additional conditions which called out certain hours of operation for the Bank.

G. The Minor Conditional Use Permit (PA07-0314), as modified on October 9, 2008 (PA08-0236) and on February 28, 2012 (PA12-0041) is a single CUP and is referred to collectively hereinafter as "the Bank CUP".

H. Beginning in March 2021, the City's Code Enforcement Division issued 109 Civil Penalty Notice and Orders to the CNC Puma Corporation due to violations of the Bank CUP including for violating approved operational hours beyond 11:00 p.m.; having excessive noise levels including with outside speakers over allowed noise levels; and failing to have a CUP for amplified music and live entertainment.

I. On May 19, 2022, the Planning Director sent a notice to: (1) CNC Puma Corporation care of Brand Landon as the Agent for Service of Process; Craig Puma, the Bank; and Amanda Moore, who is an officer of CNC Puma Corporation and manager of the Bank, advising that he was recommending that the Bank CUP be revoked. The City subsequently sent a notice to Zip Third Investments, LLC, the entity who had become the successor in interest of the Property from the estate of Maureen Licata and advised that the Planning Director was recommending that the CUP be revoked.

J. Consistent with Temecula Municipal Code§ 17.03.085, the revocation proceeding was held at a noticed public hearing before the State Office of Administrative Hearings with Administrative Law Judge Nye -Perkins presiding on August 31, 2022 and September 1, 2022.

K. On or about October 19, 2022, Judge Nye -Perkins issued an order revoking the CUP. A copy of the Order is attached hereto as Exhibit "A" as if set forth in full herein.

L. On February 21, 2023, the Planning Commission held a duly noticed public hearing as prescribed by law, at which time the City staff, representatives from CNC Puma, Zip Third Investments, LLC and interested persons had an opportunity to and did comment on whether the Planning Commission should confirm, modify or overrule the proposed Order issued by Administrative Law Judge Nye -Perkins. CNC Puma was represented by legal counsel James Penman of Milligan, Beswick, Levine & Knox, LLP; and Zip Third Investments was represented by Tyler Sherman of Cole Huber LLP and Rick Edwards of Rick Edwards, Inc.

M. The Planning Commission after conducting the public hearing as prescribed by Temecula Municipal Code § 17.03.085 on February 21, 2023 adopted the findings of fact and conclusions of law issued by Judge Nye -Perkins in the October 19, 2022 decision revoking the CUP, subject to the following modifications, specifically finding that the permit holder of The Bank CUP is CNC Puma Corporation, and also finding that the property owner is Zip Third Investments who has property interest in the BANK CUP which runs with the land.

N. The Planning Commission's decision was confirmed by the adoption of PC Resolution No. 2023-04 adopted on March 1, 2023.

O. On April 11, 2023, the Temecula City Council heard the appeals filed by both Zip Third Investments and The Bank from the Planning Commission's granting of Resolution No. 2023-04 that confirmed the decision of the Administrative Law Judge to revoke the CUP subject to modification as to the nature of the CUP held by The Bank. A duly noticed public hearing as N

prescribed by law and in accordance with Temecula Municipal Code § 17.03.085 was conducted.

At the public hearing, CNC Puma was represented by legal counsel James Penman of Milligan, Beswick, Levine & Knox, LLP; and Zip Third Investments was represented by Rick Edwards of Cole Huber LLP.

Section 2. Council Determination Upholding The Planning Commission Decision A. The City Council of the City of Temecula hereby upholds the decision of the Temecula City Planning Commission. By this action affirming the decision of the Planning Commission, the City Council is upholding and adopting the findings of fact and conclusions of law issued by Judge Nye -Perkins in the October 19, 2022 decision revoking the CUP, which is attached hereto as Exhibit "A" as if set forth in full, subject to the following modifications, finding that the permit holder of The Bank's CUP is CNC Puma Corporation, and also finding that the property owner is Zip Third Investments who has property interest in the BANK CUP which runs with the land.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 25th day of April, 2023.

Zak Schwank, Mayor
ATTEST:

Randi Johl, City Clerk
[SEAL]

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2023- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 25th day of April, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

BEFORE THE

OFFICE OF ADMINISTRATIVE HEARINGS

STATE OF CALIFORNIA
In the Matter of the Revocation of Conditional Use Permit of:

THE BANK, Respondent
and
ZIPTHIRD INVESTMENTS, L.L.C., Respondent
OAH No. 2022051021

PROPOSED DECISION
Debra D. Nye -Perkins, Administrative Law Judge, Office of Administrative Hearings (OAH), State of California, heard this matter by videoconference and by telephone on August 31, 2022, and on September 1, 2022.

Jennifer Petrusis, Attorney at Law, represented complainant, the City of Temecula (the City).

Thomas J. Callaway, Attorney at Law, represented respondent CNC Puma Corporation (CNC Puma), owner of The Bank (The Bank), a restaurant operating at 28645 Old Town Front Street, Temecula, California (the subject property) and tenant of the subject property.

Elizabeth L. Martyn and Richard Edwards, Attorneys at Law, represented respondent Zip Third Investments, L.L.C. (Zip Third), owner of the subject property.' Oral and documentary evidence was received. The record remained open to allow the parties to submit written closing arguments, and the matter was closed and submitted for decision on September 19, 2022.

FACTUAL FINDINGS
Jurisdictional Matters and Background

1. In November 2007 CNC Puma submitted an application to the City for a Minor Conditional Use Permit (CUP) on behalf of The Bank for the purpose of "to upgrade to a type 47 liquor license." The CUP application was signed by Craig Puma on behalf of CNC Puma, d.b.a. The Bank, as well as the property owner at that time named Maureen Licata.

2. On January 3, 2008, the Director of Planning for the City approved the CUP application to upgrade from a Type 41 Alcohol Beverage Control (ABC) license ' At hearing the City asserted that Zip Third Investments, L.L.C., as the owner of the property at issue in this hearing, and CNC Puma Corp., the owner of The Bank, a restaurant leasing the subject property on which it operates, both have an interest in the Conditional Use Permit (CUP) at issue in this hearing. Because the CUP transfers with the property and because the CUP controls the operation of The Bank, both Zip Third Investments, L.L.C. and CNC Puma Corp. are permit holders and respondents in this matter.
2 (on -sale beer and wine — eating place) to a Type 47 ABC license (on -sale, general) authorizing the sale of beer, wine, and distilled spirits at The Bank subject to conditions of approval.

Those conditions of approval included the following: (1) the applicant and owner of the real property agreed to indemnify the City for any actions arising from the CUP; (2) licensees may not permit the premises to become a disorderly house, which is defined as a premises that "disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc. and/or has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc., and the licensed premises includes the parking lot."; and (3) regular hours of operations shall be as follows: Monday through Thursday 11:00 a.m. to 10:00 p.m., Friday 11:00 a.m. to 11:00 p.m., Saturday 8:00 a.m. to 11:00 p.m., Sunday 8:00 a.m. to 10:00 p.m. On holidays the facility shall be allowed to close at midnight. The sale of alcoholic beverages shall cease at 10:00 p.m. Monday through Thursday and Sunday. The sale of alcoholic beverages shall cease at 11:00 p.m. on Fridays and Saturdays. The consumption of alcohol shall cease no later than one hour after closing.

3. On October 9, 2008, Craig Puma on behalf of CNC Puma, d.b.a. The Bank, as well as Maureen Licata as property owner, signed and submitted a minor modification to the CUP application to the City requesting a modification to the CUP "to extend hours to California law, according to ABC service until 2:00 a.m." meaning to request modification of the conditions to allow The Bank to serve alcohol on all days until 2:00 a.m.

4. On October 15, 2008, the City's planning department approved the minor modification to the CUP allowing service of alcohol on all days until 2:00 a.m. with 3 conditions, including that last call for service of alcohol shall occur at 1:30 a.m., and all other previous conditions of approval shall apply.

5. On February 27, 2012, Craig Puma on behalf of CNC Puma, d.b.a. The Bank, as well as Maureen Licata as property owner, signed and submitted a minor modification to the CUP application to the City requesting "the addition of a one person musical addition inside for background music (daily noon to 10 p.m.)."

6. On February 28, 2012, the City notified Craig Puma on behalf of CNC Puma, d.b.a. The Bank by letter signed by Stuart Fisk, Senior Planner, that the 2012 minor modification to the CUP application was approved and attached the Final Conditions of Approval to the letter. The Final Conditions of Approval included the following requirements: (1) indoor dinner entertainment consisting of one keyboard or other instrument played with one vocalist for the purpose of providing background music as permitted daily from noon until 10:00 p.m.; (2) regular hours of operations shall be as follows: Monday through Thursday 11:00 a.m. to 10:00 p.m., Friday 11:00 a.m. to 11:00 p.m., Saturday 8:00 a.m. to 11:00 p.m., Sunday 8:00 a.m. to 10:00 p.m. On holidays the facility shall be allowed to close at midnight. The sale of alcoholic beverages shall cease at 10:00 p.m. Monday through Thursday and Sunday.

The sale of alcoholic beverages shall cease at 11:00 p.m. on Fridays and Saturdays. The consumption of alcohol shall cease no later than one hour after closing.

7. As detailed more below, beginning in March 2021, the City issued numerous citations to CNC Puma, d.b.a. The Bank for various violations of the Temecula Municipal Code (TMC), including for violating approved operational hours beyond 11:00 p.m., having excessive noise levels including with outside speakers over allowed noise levels, and failing to have a CUP for amplified music and live entertainment. The last citation was issued in July 2021. 12 8. Beginning in July 2021, the City issued numerous Civil Penalty Notice and Orders to CNC Puma, d.b.a. The Bank for violations of the TMC related to the CUP in place for violations as detailed below. The last Civil Penalty Notice and Order was issued by the City on August 20, 2022.

9. On August 20, 2021, Tom Cole, Field Supervisor — Code Enforcement for the City, sent a letter to Zip Third, "attn: Norman S. Sullivan" at the address for service of process listed with the California Secretary of State for Zip Third on Wilshire Blvd. in Los Angeles, California. The letter provided, in part, as follows:

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 opened beyond the permissible operating
time of 11:00 p.m. The City of Temecula Code Enforcement has been issuing, and will continue to issue, civil penalties for these violations.

10. By letter dated May 19, 2022, Luke Watson, Deputy City Manager for the City, notified CNC Puma, The Bank, and Amanda Moore, who is an officer of CNC Puma and manager of The Bank, that the City intended to revoke the CUP for the subject property based upon numerous violations of the CUP, citations, and civil penalties issued. The May 19, 2022, letter was carbon copied to owner of the subject property "Norman Sullivan" of Zip Third at the same address as the subject property in Temecula, but not to the address for service of process as listed by the California Secretary of State for Zip Third, which was on Wilshire Blvd. in Los Angeles. The May 19, 2022, letter was also carbon copied to "Maureen Licata" as the property owner. 5 11. On July 8, 2022, Jennifer Petrusis, counsel for the City, wrote a letter to Norman Solomon of Zip Third at that Wilshire Blvd. address in Los Angeles. The letter stated that Ms. Petrusis spoke with Mr. Solomon by telephone on July 1, 2022, regarding the City's intentions to revoke the CUP for the subject property because of the ongoing violations of the CUP as set forth in the numerous citations and civil penalties issued to The Bank. The letter also stated that Ms. Petrusis emailed a copy of the May 19, 2022, Notification letter from Deputy City Manager Watson. The July 1, 2022, telephone call was the first notification given to Zip Third that the City was moving forward to revoke the CUP.

12. On May 31, 2022, the City filed a request to set this hearing with the Office of Administrative Hearings, which included as the respondent The Bank, with notification to CNC Puma. However, the City failed to list Zip Third as a respondent, and provided no indication on the filing that Zip Third was notified of the request to set the hearing. As noted above, the first notice Zip Third received regarding this hearing for revocation of the CUP was the July 1, 2022, telephone call with Norman Solomon.

Violations of the CUP, Citations, and Civil Penalties Issued

13. The City has issued 34 separate citations to The Bank over a five -month period beginning on March 5, 2021, with the last citation issued on July 24, 2021. Each of the citations were for violation of the permitted operating hours, with The Bank consistently operating past 11:00 p.m. on Friday and Saturday nights and selling alcoholic beverages to patrons after 11:00 p.m. on Friday and Saturday nights; as well as having excessive noise levels including with outside speakers over allowed noise levels, and failing to have a CUP for amplified music and live entertainment. The first citation issued on March 5, 2021, assessed a $50 penalty for the violations, the second 0 citation issued on March 6, 2021, assessed a $150 penalty for the violations, seven of the citations assessed a $250 penalty for the violations, one citation assessed a $300 penalty for the violations, one citation assessed a $400 penalty for the violations, and two citations assessed a $500 penalty for the violations. Respondent The Bank paid the City for the first 13 citations for total payments of $3,650, and paid an additional four citations (one citation dated May 7, 2021, for $250; another dated May 8, 2021, for $500; another dated July 2, 2021, for $500; and a final dated July 3, 2021, for $500) for total payments of $1,750. Accordingly, The Bank paid the City $5,400 for those 17 citations, but the remaining 18 citations were not paid by The Bank and remain delinquent. Of the 18 unpaid citations, 11 of those each assessed a penalty of $500, and the remaining seven of the unpaid citations each assessed a penalty of $250, for a total of $7,250 of unpaid assessments for the violations in those citations. None of these citations were contested by CNC Puma, d.b.a. The Bank.

14. The City has issued 109 Civil Penalty Notice and Order letters to CNC Puma, d.b.a. The Bank for the continuing violations of the CUP as set forth in each of the 34 citations discussed above. The first Civil Penalty Notice and Order was issued on July 27, 2021, and assessed a fine of $500 for the continued violations with daily accrual of civil penalties of $2,500 per day for any continued violations. The second Civil Penalty Notice and Order was issued on July 30, 2021, and assessed a fine of $750 for the continued violations with daily accrual of civil penalties of $2,500 per day for any continued violations. The third Civil Penalty Notice and Order was also issued on July 30, 2021, and assessed a fine of $500 for the continued violations with daily accrual of civil penalties of $2,500 per day for any continued violations. The eighth Civil Penalty Notice and Order was issued on August 8, 2021, and assessed a fine of $500 for the continued violations with daily accrual of civil penalties of $2,500 per day for any continued violations. All of the remaining 105 Civil Penalty Notice and Order 7 letters issued to The Bank assessed a fine of $1,000 each. According to the May 19, 2022, letter from Deputy City Manager Watson, The Bank paid the first 42 issued Civil Penalty Notice and Order fines totaling $40,250 with the remaining 67 Civil Penalty Notice and Order fines being unpaid and delinquent for a total of $67,000. However, only four of the 109 Civil Penalty Notice and Order documents indicate on their face that they have been paid, which would mean the total of fines paid is $3,500, with a remaining 105 Civil Penalty Notice and Order fines totaling $103,750 remaining unpaid and delinquent, which is consistent with the testimony of witnesses at the hearing.

None of the Civil Penalty Notice and Orders were contested by The Bank.

The City's Evidence

15. The City presented six witnesses at the hearing. The following factual findings are based on their testimony and related documents received in evidence.

TESTIMONY OF LUKE WATSON

16. Luke Watson is currently employed by the City as the Deputy City Manager, a position he has held for about one year. Mr. Watson is also currently employed by the City as the Planning Director, a position he has held since 2015. His duties as the Deputy City Manager include the administration of all operations of the City. His duties as the Planning Director include oversight of Code enforcement, building safety, housing, and other duties. Mr. Watson has been an employee of the City since 2006 in various roles, including as Management Assistant, Analyst, Senior Planner, Community Development Director, Planning Director, and Deputy City Manager.

17. Mr. Watson explained that a CUP is a permit that must be acquired for a specific commercial use of property in the City for which there is potential for specific

impacts that need to be addressed by the City. For example, a restaurant located in a properly zoned area for restaurant use does not need a CUP to operate. However, if that restaurant wants to add a liquor license to its operation, then a CUP is needed because of the potential impacts of the liquor license on the City. A CUP has specific conditions of approval that must be met for the specific commercial use of the property, which include requirements on that specific commercial use that the City has imposed to mitigate the impact of the commercial use. Those requirements may be specific hours of operation, entertainment parameters, or other limitations.

18. Mr. Watson further explained that the CUP application process requires that the CUP applicant, usually the business owner, as well as the property owner, sign the CUP application and submit it to the City. Thereafter, the City staff and the applicant "go back and forth over a few weeks" to "work through the specific conditions that need to be addressed in the permit." During this "back and forth" period, the applicant has an opportunity to challenge the conditions of approval. Once the applicant agrees to the conditions to be placed on the CUP, then the application will be addressed at a public hearing to be approved by the City. If the applicant is still not satisfied with the conditions to be placed on the CUP, the applicant can address that at the public hearing. After the City approves the CUP and its conditions at a public hearing, the applicant can still appeal that decision within 15 days of that approval as set forth in TMC 17.03.090.

19. Mr. Watson testified that the process to modify an existing CUP is similar to the original application to obtain a CUP. However, a minor modification to a CUP application does not require a public hearing. Instead, for a minor modification to a CUP, the City staff may approve the minor modification by administrative approval. If a major modification to a CUP is needed, then a public hearing may be required. 9 20. Mr. Watson testified about the specific CUP at issue in this matter. The original CUP application (application number PA-07-0314) was filed by Craig Puma on behalf of The Bank in 2007 and signed by the owner of the property at that time, Maureen Licata. The original CUP application sought to upgrade from a type 41 alcohol license (which allows for the sale of beer and wine at a restaurant) to a type 47 liquor license (which allows for the sale of beer, wine, and distilled spirits). The City had a public hearing regarding this original CUP application and thereafter granted the CUP application on January 3, 2008, with conditions of approval. Those conditions included condition number 13 that provides:

Regular hours of operations 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 8:00 a.m. to 10:00 p.m. On holidays (including Cinco De Mayo) the facility shall be allowed to close at midnight. The sale of alcoholic
beverages shall cease at 10 p.m. Monday -Thursday and
Sunday. 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. (As amended at Directors Hearing on 1 /3/08).

Craig Puma signed the "Acceptance of Conditions of Approval" for the original CUP on January 16, 2008.

21. Mr. Watson stated that after the issuance of the original CUP, Craig Puma, on behalf of The Bank, applied for two different modifications to the CUP. The 10 first minor modification application (application number PA-08-0236) was filed on October 9, 2008, for a request to extend the operating hours for the sale and consumption of alcohol for The Bank until 2:00 a.m. On October 15, 2008, the City approved the minor modification to the CUP with conditions by an administrative approval from the City staff. The final conditions of approval for the minor modification included the following:

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.

In the case that the restaurant manager would like to stay open past the regular hours of operation (stated above) he/she may be permitted to stay open until 2:00 a.m. When this occurs, alcoholic beverages may be served until
2:00 a.m. as consistent with the provisions of California State Law.
"Last call" for alcohol service shall occur at 1:30 a.m. as consistent with California State Law.

22. The second minor modification to the CUP application (application number PA-12-0041) was filed by Mr. Puma with the City on February 2, 2012, to request to have live music inside The Bank daily from noon to 10:00 p.m. By letter dated February 28, 2012, the City, through the signature of Stuart Fisk, a Senior Planner with the City, provided an administrative approval of the second minor modification to the CUP application with final conditions of approval. The final conditions of approval included the following conditions:
11 Indoor 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.

IT] ... M
Regular hours of operations 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 8:00 a.m. to 10:00 p.m. On holidays (including Cinco De Mayo) the facility shall be allowed to close at midnight. The sale of alcoholic
beverages shall cease at 10 p.m. Monday -Thursday and
Sunday. 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. (As amended at Directors Hearing on 1/3/08).

Mr. Watson testified that the second minor modification of the CUP in 2012 changed the operating hours of The Bank back to those listed in the original CUP because the 2:00 a.m. operating hours were not included in the final conditions of the second minor modification of the CUP approved in 2012. Mr. Watson testified that the final conditions of the 2012 minor modification to the CUP superseded the first minor modification to the CUP in 2008. According to Mr. Watson, The Bank had 15 days to appeal the final conditions of the 2012 minor modification to the CUP from the February 28, 2012, date, but no such appeal was ever filed. Mr. Watson stressed that The Bank has never filed another minor or major modification to the CUP, and as a 12 result the 2012 minor modification of the CUP (PA-12-0041) with its final conditions provides the current operating hours allowed for The Bank.

23. Mr. Watson described the location of The Bank restaurant in Temecula, which is in the Old Town portion of Temecula, in the "center of town." He stated that the location of The Bank is "the premier commercial intersection in the City located half a block from City Hall." Old Town is a historic district of Temecula dating back to the 1800's. The Bank is located in a "mixed use" environment that is "walkable," and generally a tourist area with some offices, some residential homes, and 24 restaurants.

Old Town also includes a theater and history museum, and is a primary location for special events, and is a commercial and entertainment hub for Temecula.

24. Mr. Watson stated that he recommended that the CUP at issue in this matter be revoked because for more than one year The Bank had been violating the final conditions of the CUP with regard to operating hours, noise ordinance violations, and had a pattern of numerous assaults, batteries, drunkenness, disorderly conduct, and serious violent crime associated with The Bank. Mr. Watson first became aware that The Bank was violating the operating hours allowed in the CUP in the Summer of 2021 when the Temecula Police Department and Code Enforcement informed him of that violation. Mr. Watson stated that when the City first learned of The Bank's violation of its approved operation hours, the Code Enforcement team, Temecula Police Department, and Temecula Fire Department, all attempted to discuss the problem with the owners of The Bank to get voluntary compliance with the approved business hours. When the voluntary compliance from The Bank did not happen, the City then started issuing notices of violation, which happened for "some time" as an attempt to get The Bank to comply with required operating hours. When The Bank continued to violate the approved operating hours, the City then began issuing 13 administrative citations, which also continued for "some time." When The Bank continued to violate the approved operating hours, the City began issuing Civil Penalties up to $1,000 per day in an effort to get The Bank to comply. The City continued its efforts to get The Bank to comply with approved operating hours for over one year but was not successful. To date The Bank has not complied with the approved operating hours of the CUP, and The Bank has not submitted any application to modify the CUP to change its hours of operation. Zip Third has also not applied to modify the current CUP for any purpose.

25. Mr. Watson wrote a letter dated May 19, 2022, summarizing all of the citations and civil penalties issued against The Bank, and notifying The Bank of the City's intention to revoke the CUP based upon the violations of approved operating hours and approved hours for sale of alcohol, as well as violations of condition 28 (c) of the CUP that provides that the CUP holder must not allow the licensed premises to become a "disorderly house," meaning a licensed outlet (including the parking lot) that disturbs neighbors with noise and loud music, and/or has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics etc. Regarding the disorderly house allegations, the May 19, 2022, letter provided as follows:

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
14 approximately an hour after The Bank should have been closed for the evening, yet The Bank was still operating in violation of Condition 12 of PA12-0041. The former
employee and victim of the shooting had been involved in a physical altercation at The Bank months before the
shooting. According to the Riverside 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.

Mr. Watson sent this May 19, 2022, letter notifying that the City intends to revoke the CUP to CNC Puma, d.b.a. The Bank to their agent for service of process, Craig Puma, Amanda Moore, Maureen Licata, and to Zip Third at "attn: Norman S. Soloman" at the address of The Bank located in Temecula, CA. The May 19, 2022, letter was not sent to Norman Soloman at his Wilshire Blvd. address, which is the listed address for service of process for Zip Third.

26. Mr. Watson admitted that the May 19, 2022, letter was not sent to Normal Solomon at the listed address for the agent for service of process for Zip Third, which is Mr. Solomon's Wilshire Blvd. address. However, the May 19, 2022, letter was included as an attachment to the July 8, 2022, letter from Jennifer Petrusis to Norman Solomon notifying Zip Third of the City's intent to revoke the CUP. Additionally, Mr. Watson noted that on August 20, 2021, Tom Cole, a Field Supervisor from the City's Code Enforcement, sent a letter to Zip Third at the proper address for the agent for service of process at the Wilshire Blvd. address regarding The Bank's activities violating the TMC.
15 27. Mr. Watson stated that the approved hours of operation in the CUP were chosen in order to mitigate the negative impacts of the sale of distilled spirits alcohol.

He stated that the later the hours of operation, the worse the negative impacts of the sale of alcohol. Mr. Watson testified that most of the criminal activity in the vicinity of The Bank has occurred after The Bank was supposed to be closed pursuant to the approved operating hours of the CUP.

With regard to the criminal activity, in late 2020 the City established a Metro Team Plus to police the Old Town district, which included 10 sheriff's deputies, Code Enforcement officers, and Fire Department inspectors. The Metro Team Plus performs "sweeps" of the Old Town area and visits all businesses. As a result of the formation of the Metro Team Plus, voluminous information regarding the activities in the Old Town area have been collected. The Metro Team Plus reports back to the City and Mr. Watson on a weekly basis to provide information regarding those activities.

28. Mr. Watson described the criminal activity in the vicinity of The Bank that is a basis for the reason to revoke the CUP in this matter. He stated that there were two incidents of shootings that were particularly concerning. Specifically, in November 2021 in the parking lot adjacent to The Bank after The Bank was closed, a man was shot in the leg and survived. In January 2022, a former employee of The Bank was shot and killed on the doorstep of The Bank, and two other people were shot and seriously injured inside of The Bank. During the 17 years that Mr. Watson has worked for the City, he is aware of only four shootings total occurring in the City during that time. In addition to the shootings described above, there have been numerous fights and brawls in and near The Bank over the past year, including one incident occurring about one month prior to this hearing where at 2:00 a.m. in a parking lot the assailants in a fight were confronted by police and scattered. As a result of the assailant's scattering, 16 one person jumped over a fence and fell 50 feet breaking both of his legs. The Fire Department had to rescue that individual at the creek, which used considerable City assets. Furthermore, there have been numerous incidents of public intoxication, public urination, vomiting, and other "disorderly conduct that has been the hallmark of the operations of The Bank over the last year plus."
Mr. Watson stated that The Bank has been overserving alcohol to its patrons causing the public intoxication and other disorderly conduct issues. Additionally, he stated that many of the security personnel at The Bank were "not professionals," "not licensed," and were "instigating or escalating things." He stated that the Metro Team Plus police have witnessed numerous patrons being overserved alcohol at The Bank and coming out drunk and in some cases vomiting. All of these issues have created a violation of the CUP by being a "disorderly house."

29. Mr. Watson also testified that The Bank has been violating the CUP with regard to noise violations. He stated that the CUP provides permission for The Bank to have "indoor dinner entertainment consisting of one keyboard or other instrument played with one vocalist for the purpose of background music" daily from noon until 10:00 p.m. However, The Bank has been having a D.J. with speakers pointed into the street intersection producing very loud and excessive noise that is beyond that permitted by both the CUP and by the City noise ordinances. This noise problem has created significant impacts to surrounding businesses, which have complained to the City. Multiple citations and civil penalties were issued to The Bank for these noise violations, but they continue to occur.

30. Mr. Watson stated that nobody from The Bank ever reached out to the City regarding the noise violations or crime. However, with regard to the operating hours, Craig Puma and Amanda Lane both contacted Mr. Watson about one year ago 17 by email asserting that the operating hours in the CUP were incorrect, and they requested that the operating hours be changed to allow The Bank to operate until 2:00 a.m. Mr. Watson had one conversation with each of them to explain the operating hours allowed by the applicable CUP, and that they must file a modification application to the CUP to change the approved operating hours to allow The Bank to remain open until 2:00 a.m. Notably, no person or entity on behalf of CNC Puma, d.b.a.

The Bank or Zip Third ever filed a modification application to make that change.

31. Mr. Watson stressed that since the Metro Team Plus has been established, these violations from The Bank have been brought to the attention of the City and numerous citations and civil penalties have been issued to The Bank.

However, other businesses in Old Town have also had violations resulting in citations and civil penalties. Mr. Watson stated that those businesses "are being addressed." He stressed that the City is not singling out The Bank for revocation of the CUP, as opposed to enforcing against other businesses. Mr. Watson admitted on cross- examination that in the past 10 years the City has not revoked any other CUP for a business.

32. Mr. Watson also stated that if the CUP is revoked, he is not sure if The Bank will comply because "they have not listened to the City yet." He stated that if the CUP is revoked, then the property will be governed by the specific city plan for Old Town, which allows for use as a restaurant with a type 41 alcohol license to sell beer and wine.

33. Mr. Watson also admitted on cross-examination that he never reached out to Zip Third in an effort to address the violations of the CUP and City ordinances committed by The Bank.

In

TESTIMONY OF TOM COLE

34. Tom Cole is currently employed as a Field Supervisor for the Code Enforcement department of the City. He has worked full-time for Code Enforcement in the City since 1997 and has been employed by the City since 1992. Since 1997 he worked as a Code Enforcement I officer, then as a Code Enforcement II officer, then as a Senior Code Enforcement officer, and finally in his current position as a Field Supervisor. His duties as a Field Supervisor include enforcement of the City's rules, regulations and municipal code to ensure proper property maintenance and quality of life issues for City residents. His duties have remained the same since 2012.

35. Mr. Cole explained that code enforcement cases in the City typically arise from a complaint, which is then verified by investigation. Thereafter, the City issues a notice of violation, such as a warning. If compliance is not obtained, then the City moves forward with issuing an administrative citation. If compliance is still not obtained the City then moves forward with issuing civil penalties. If compliance is still not obtained, then the matter is referred to the City attorney. He stated that an administrative citation has a smaller dollar amount for the fine, than does a civil penalty. The City instituted the civil penalties in order to obtain compliance for businesses that simply pay the lesser fines for the citations as a "price of doing business." Regardless, the citations and civil penalties are simply tools used by the City to get the business to comply.

36. Mr. Cole explained that the City Code Enforcement department does not patrol the streets for code violations, but instead the City "is reactive" and "responds to complaints only." He stated that the City is "seldom proactive," and as a result it is possible that an individual or business could be violating a CUP for a while before the Code Enforcement department would know about it.
19 37. Mr. Cole is familiar with The Bank and has personally issued all of the citations and all of the civil penalties against The Bank at issue in this matter. Since March 2021 Mr. Cole has gone out with the Metro Team in Old Town every Friday and Saturday night and on each of those occasions has observed The Bank operating well beyond the hours of operation approved in the CUP. Mr. Cole has observed The Bank operating past 11:00 p.m. and serving alcohol to customers inside The Bank well past the approved operating hours. He has also observed customers of The Bank falling down from intoxication and vomiting. On two occasions he observed people trying to pick a fight with the Temecula Police officers after 11:00 p.m. Mr. Cole stated that the operating hours of The Bank first came to the attention of the Code Enforcement department because of a complaint from the Temecula Police Department. Mr. Cole first became aware of The Bank operating outside of its approved operating hours in the CUP in March 2021 when he began walking with police officers and observing the businesses in Old Town. Mr. Cole stated that most of the civil penalties and citations he issued to The Bank were for violations of the CUP's approved operating hours.

However, he also cited other violations, such as noise violations.

38. With regard to the noise violations, Mr. Cole explained that when he observed The Bank operating past the approved operating hours in the CUP, he also observed customers of The Bank drinking, and dancing to very loud music provided at The Bank by a live D.J., along with lights. Mr. Cole explained that the TMC provides that a permitted noise level for a business in Old Town is 70 decibels. During his visits to The Bank, Mr. Cole checked the noise level with a hand-held decibel reader, which is calibrated once per year. He would go to the adjacent property to The Bank and use the decibel reader to observe the sound levels emanating from The Bank. When the D.J. was observed playing after approved hours, Mr. Cole measured the decibel levels at 95 decibels on numerous occasions. He stated that he tried to be lenient when the 20 decibel reading was 80 decibels, but if the reading was 90 decibels or above, he would issue a citation to The Bank. Mr. Cole stated that he gave warnings to The Bank prior to issuing any citations for noise violations. Many of the citations issued by Mr. Cole to The Bank were simply paid by The Bank and were never appealed.

Mr. Cole testified that the last citation he issued for noise violations from The Bank was on July 3, 2021. He stated that on that day he spoke directly with the contracted D.J., as well as issued a personal citation to that D.J. for noise violations, and he requested that the D.J. resolve the noise issue. The following week the noise issue was resolved, and Mr. Cole has not had noise issues from The Bank on the weekend since that time. However, Mr. Cole thereafter started receiving noise complaints regarding The Bank on Sundays. Accordingly, Mr. Cole started going to The Bank on Sundays to monitor the noise levels. Mr. Cole issued two citations for those Sunday noise violations. According to Mr. Cole, "it took them a few weeks to realize that I went there on Sundays, but after they realized that, the noise abated."

39. Mr. Cole has had conversations with the manager of The Bank, Amanda Lane (previously Amanda Moore), on about five occasions over an 18-month period regarding The Bank's violations of the approved hours of operation in the CUP. During those conversations Ms. Lane has never informed Mr. Cole that she will comply with the permitted operating hours, and Mr. Cole continued to issue citations and civil penalties. Mr. Cole testified that The Bank has paid over $30,000 in fines for both citations and civil penalties to date, and approximately $150,000 of fines from the issued citations and civil penalties remains unpaid.

40. Mr. Cole has had approximately ten conversations with Craig Puma because Mr. Puma is on the Old Town Review Board. Of those ten conversations, only one of the conversations was regarding The Bank's violations of the approved 21 operating hours of the CUP, and it took place sometime between March and June of 2021. Mr. Cole described Mr. Puma as an "absentee owner" of The Bank because Mr. Cole never sees Mr. Puma at The Bank now but would previously see Mr. Puma there before Ms. Lane became manager. According to Mr. Cole, during that one conversation Mr. Puma disagreed with the City's interpretation of the approved operating hours in the CUP.

41. Mr. Cole has never had a conversation with anyone from Zip Third.

However, Mr. Cole did send a letter to Zip Third on August 20, 2021, by regular mail to the address he obtained from the California Secretary of State for the agent for service of process for Zip Third, which was Norman Solomon at the Wilshire Blvd. address.

Mr. Cole stated that he mistakenly addressed the letter to Norman Sullivan of Zip Third instead of Norman Solomon, but the letter was sent to the correct address and was clearly marked as being addressed to Zip Third. Mr. Cole never received a response to this letter, and he has never been contacted by anyone at Zip Third regarding the violations that occurred at The Bank.

Beginning on August 20, 2021, Mr. Cole also sent about 97 different civil penalty letters to Zip Third addressed to Norman Solomon at the Wilshire Blvd. address from the California Secretary of State by regular mail. None of those 97 civil penalty letters were returned to the City as undeliverable. Additionally, no person from Zip Third has ever reached out to Mr. Cole regarding those civil penalty letters.

TESTIMONY OF SERGEANT JOSHUA HEPHNER

42. Sergeant Joshua Hephner is currently employed by the Riverside County Sheriff's Department serving the City of Temecula. He explained that the sheriff's deputies serving the City of Temecula are commonly referred to as the Temecula 22 Police Department. Sergeant Hephner has been a peace officer since 2010 and has worked in the City since December 31, 2020. Sergeant Hephner worked from 2017 to 2020 for the Moreno Valley station in the gang enforcement unit and has been designated by California courts as a gang expert. Sergeant Hephner is currently assigned to the City's Metro Team policing the Old Town area, and he joined the Metro Team in October 2021. However, he has policed the Old Town area since he started working at the City.

43. Sergeant Hephner testified that "problems," such as fights, disturbances, driving under the influence (DUI), and overserving alcohol, began occurring "around the COVID pandemic." Specifically, he stated that a lot of other cities shut down their bars, restaurants and other night life because of COVID. The City opened up it bars, restaurants, and other night life sooner than most other cities resulting in an influx of people coming from outside the Temecula area into Old Town, which caused issues.

Sergeant Hephner stated that during that time Old Town received a large number of "a mix of people" from different areas and backgrounds, which resulted in arrests for fights, disturbances, public intoxication, DUI, and other crimes. In March 2021 the City formed the Metro Team, consisting of seven sheriff deputies and one sheriff corporal, as well as one motorcycle officer and one community service officer, to provide a safer environment for Old Town. He stated that the Metro Team would go out in Old Town on Wednesdays through Saturdays from 3:00 p.m. to 3:00 a.m. He testified that after 9:00 p.m. or 10:00 p.m. the Old Town area "morphs into a nightclub atmosphere."

44. Sergeant Hephner is familiar with The Bank because shortly after the Metro Team formed in March 2021, a former sergeant noticed problems related to overserving of alcohol at The Bank and resulting disturbances caused by fights, public intoxication etc. He stated that there were also complaints from citizens that the 23 security at The Bank was "heavy handed." Sergeant Hephner has personally observed the overserving of alcohol to customers at The Bank, as well as intoxicated customers becoming belligerent and starting fights, even leading up to a homicide.

Sergeant Hephner stated that there was one homicide that occurred on Sunday, January 9, 2022, at 10:40 p.m. at The Bank involving an ex -employee of The Bank, who had worked at The Bank as a security guard. The homicide was a shooting of that employee that occurred on the patio of The Bank, and at least three other individuals were also shot and injured. Sergeant Hephner was familiar with the individual killed on January 9, 2022, because he had interactions with that individual when he worked as a security guard at The Bank. Specifically, there was one incident when the individual killed on January 9, 2022, had violently assaulted a person on the dance floor of The Bank by hitting the person and making them unconscious requiring hospitalization.

Sergeant Hephner stated that the individual killed on January 9, 2022, had a criminal history and was on probation for a felony conviction at the time he worked at The Bank.

Sergeant Hephner testified that on January 13, 2022, there was a candlelight vigil outside of The Bank for the homicide victim, and Sergeant Hephner spoke to an individual at the vigil. That person gave Sergeant Hephner false information regarding his identity. Sergeant Hephner "figured out" who that person was and discovered that the person had a loaded gun inside a fanny pack on his person and had a prior felony conviction. The person was arrested for being a convicted felon in possession of a firearm. Sergeant Hephner stated that this type of proactive enforcement arrest potentially prevented another homicide.

Another shooting occurred in November 2021 when some patrons at The Bank were celebrating a birthday and got into a verbal altercation. The patrons walked 24 outside of The Bank about 50 to 100 feet onto the sidewalk, and the shooting occurred with the victim being taken to the hospital.

45. Sergeant Hephner has also witnessed a laundry list of incidents related to The Bank. He stated that when deputies stop individuals who ultimately get arrested for DUI, on many occasions they tell the deputies that they are coming from The Bank.

While those individuals arrested for DUI also come from other locations, many times they state that they were at The Bank prior to driving. Sergeant Hephner has observed several assaults per night happening in front of deputies and in front of The Bank.

Sergeant Hephner has also observed on many occasions the security guards at The Bank push individuals, who are fighting, away from The Bank and into the street in order to get them away from The Bank. He also frequently sees public intoxication either in front of The Bank or down the street from The Bank. When he arrests someone for public intoxication, he asks where they are coming from and frequently, they say The Bank. Most of the incidents he describes occur after 11:00 p.m. with the vast majority of those incidents occurring closer to midnight to 2:00 a.m. Sergeant Hephner has personally observed The Bank remain open after 11:00 p.m. every weekend.

46. Sergeant Hephner stated that he has had concerns regarding the security guards employed by The Bank because some of those security guards have criminal records, don't go through the proper procedures to obtain a license as a security guard, and were "antagonizing." Sergeant Hephner described an incident when deputies were investigating the November 2021 shooting on the sidewalk in front of The Bank. Specifically, one of the witnesses to the shooting was a security guard employed by The Bank and whom Amanda Lane only knew by the moniker "Venom" or "Virus." Ms. Lane either could not or would not give the deputies the real name of 25 the security guard. When deputies asked him for his real name, the security guard refused to give it to them, and the security guard was uncooperative with them.

Sergeant Hephner testified that when he hears of monikers like "Venom" or "Virus" the first thing that comes to mind are gang members who utilize such monikers, and he believes that the security guard was a gang member. He also testified that it is critical that the sheriff deputies get full cooperation from the businesses in Old Town when investigating crimes. Sergeant Hephner also stated that having security guards with criminal records tends to attract other people with criminal records to The Bank causing more problems.

TESTIMONY OF STUART FISK

47. Stuart Fisk is employed by the City as a Planning Manager, and in 2012 he worked for the City as a Senior Planner. Mr. Fisk was involved in the issuance of the 2012 minor modification application for the CUP at issue in this matter. Mr. Fisk was responsible for processing the approval documents for the 2012 minor modification application that ultimately resulted in the CUP applicable for The Bank today, and at issue in this hearing. Mr. Fisk testified that with regard to the CUP that sets forth the approved final conditions for the operation of The Bank, there was an initial CUP application in 2007, there was a minor modification application to that CUP in 2008, and there was a 2012 minor modification application to the CUP that was approved and set forth the approved conditions for operation that continue to be in effect today. Mr. Fisk stressed that there were no other modifications to the CUP at issue in this hearing. Mr. Fisk testified that in 2009 The Bank wanted to expand their ability to sell alcohol on their patio, which required a delineation of those areas by some type of railing. He stated that the City accomplished this request by modifying the development plan to show on the site plan for the property where the fencing would 26 go along Front Street. However, he stressed that this 2009 modification to the development plan was not a modification of the CUP and had nothing to do with the CUP.

48. Mr. Fisk stated that in 2012 Patrick Richardson was the Director of Planning for the City and was also Mr. Fisk's supervisor. Mr. Fisk noted that Mr. Richardson was responsible for approving or denying a minor modification to the CUP application by an administrative approval or denial. When Mr. Puma filed the 2012 minor modification to the CUP application, Mr. Fisk met with Mr. Richardson in Mr. Richardson's office to review the original CUP, the approved 2008 minor modification to the CUP, and the 2012 minor modification application. According to Mr. Fisk, Mr. Richardson was not comfortable with the change of the hours of operations as set forth in the approved 2008 minor modification to the CUP. Mr. Fisk stated that the 2008 minor modification application to the CUP was approved by a different Director of Planning for the City, a person who had the job prior to Mr. Richardson. Mr. Richardson expressly stated to Mr. Fisk that he would approve the 2012 minor modification application only if the hours of operations for The Bank was set back to that provided in the original 2007 CUP. Mr. Richardson instructed Mr. Fisk to change the approved hours of operation for The Bank to what was set forth in the original 2007 CUP, and Mr. Fisk did so himself. Mr. Fisk stressed that the approved conditions for the 2012 minor modification of the CUP were not accidental or any sort of clerical error but were instead purposely selected. Mr. Fisk testified that Mr. Richardson told him that Mr. Richardson had been in touch with Mr. Puma regarding the 2012 minor modification application, but Mr. Richardson did not tell Mr. Fisk the nature or substance of those communications. 27 49. When the final 2012 minor modification application to the CUP was approved by the City, Mr. Fisk provided Mr. Puma with the approval letter, as well as the attached final conditions of approval, which included the hours of operation being reverted back to what they were in the original 2007 CUP. Neither Mr. Puma nor anyone from The Bank ever contested the conditions of approval for that 2012 minor modification to the CUP application.

TESTIMONY OF JOHN CARRINGTON

50. John Carrington is currently employed as a private investigator and was retained by the City to perform an undercover investigation of The Bank.

Mr. Carrington has been to The Bank on one occasion on July 10, 2022, which was a Sunday, to perform the undercover investigation. He arrived at The Bank at 7:15 p.m. and went inside The Bank at about 8:00 p.m. Mr. Carrington stayed at The Bank until about 11:00 p.m. that day and when he left The Bank was still operating.

Mr. Carrington noted that he saw The Bank sell six shots of tequila to a patron that night at 10:39 p.m. During the time Mr. Carrington was at The Bank he purchased three alcoholic beverages including one shot of tequila at 10:03 p.m. Mr. Carrington testified that there was a D.J. playing music at The Bank that night.

51. At about 11:00 p.m. Mr. Carrington went outside of The Bank with the intention of taking decibel readings with his iPhone and then returning to The Bank for further observation. However, when he went outside, he was approached by two individuals, whom he recognized as security guards from The Bank. He knew that these two individuals were security guards from The Bank because he saw them inside The Bank wearing security shirts. According to Mr. Carrington, the two individuals threatened to "beat him up" if he did not give them his mobile phone. The security guards accused him of taking photographs inside The Bank and demanded to see his

iPhone. Mr. Carrington refused to give his phone to the two individuals. After this interaction Mr. Carrington did not enter The Bank again. However, he did take four different decibel readings of the noise outside of The Bank with his iPhone with the highest readings being 87, 83 and 80 decibels. Mr. Carrington stated that he plays in a band and frequently utilizes this particular application on his iPhone to take decibel readings. Mr. Carrington finally left the area of The Bank at about 11:25 p.m.

52. At the time Mr. Carrington left The Bank at 11:25 p.m., The Bank was still operating and selling alcohol.

TESTIMONY OF JEFFREY BRIAN LETOURNEAU

53. Jeffrey LeTourneau is currently employed as a private investigator and was retained by the City to conduct an undercover investigation at The Bank.

Mr. LeTourneau was tasked by the City to go to The Bank to monitor the hours of operation and the noise levels outside of The Bank during operation. Mr. LeTourneau went to The Bank on three occasions, namely on July 13, 2022, on July 20, 2022, and on July 27, 2022. On July 13, 2022, he arrived at The Bank with his partner at 7:30 p.m. for an event called "Quality Dance Party," which he described as a "toned down drag show," where the performers were lip syncing along with speakers playing music near the dance floor. The event ended at about 11:50 p.m. that night. Mr. LeTourneau walked out of The Bank on July 13, 2022, to go across the street to take a noise reading, and he and his partner ultimately left The Bank that night at 12:20 a.m. Mr.

LaTourneau stated that The Bank closed operations that night at midnight. He stated that The Bank continued to serve alcohol to customers after 10:00 p.m. that night, and Mr. LaTourneau purchased two beers at The Bank after 10:00 p.m. that night. 29 On July 20, 2022, Mr. LaTourneau and his partner went to The Bank at 7:15 p.m. for a drag show and they ultimately left The Bank at 12:50 a.m. The live entertainment that night at The Bank was a drag show with lip syncing performers utilizing recorded music with speakers. The drag show that night lasted from 9:15 p.m. to 10:45 p.m. On July 20, 2022, The Bank stopped its operations at 12:35 a.m. The Bank continued to serve alcohol to its customers on July 20, 2022, after 10:00 p.m. and Mr. LaTourneau purchased two beers after 10:00 p.m. that evening.

On July 27, 2022, Mr. LaTourneau arrived at The Bank at 8:15 p.m. and left The Bank that night at 12:15 a.m. The entertainment at The Bank that evening were two male dance performers with recorded music. The entertainment that evening at The Bank started at 10:45 p.m. and ended at 11:30 p.m. The Bank closed its operations that night at 12:15 a.m. The Bank served alcohol to customers that night after 10:00 p.m. and Mr. LaTourneau purchased beers that evening from The Bank after 10:00 p.m.

The Bank's Evidence

54. CNC Puma, d.b.a. The Bank, presented two witnesses at the hearing. The following factual findings are based on their testimony and related documents received in evidence.

TESTIMONY OF CRAIG PUMA

55. Craig Puma is part owner of CNC Puma, d.b.a. The Bank. Mr. Puma stated that CNC Puma, is a corporation started in 2007 by himself for purpose of the ownership and operation of The Bank, and that CNC stands for Craig and Cristy Puma.

Christy Puma is now Craig Puma's ex-wife, but at that time was his wife. Mr. Puma was originally the president of CNC Puma, but he is now a board member. Mr. Puma no longer has any involvement in the day-to-day operations of The Bank other than as a 30 consultant when his assistance is needed. Mr. Puma was actively involved in the day- to-day operations of The Bank up to the time Mr. Puma and his now ex-wife sold a partial ownership interest in CNC Puma to Amanda Lane and Ryan Parent on February 27, 2020.

56. Mr. Puma was also a member of the Old Town local review board appointed by the Temecula mayor for nine years. Mr. Puma worked with the Director of Planning for the City for nine years during that time.

57. Mr. Puma is the person who filed the original 2007 CUP application, the 2008 minor modification application to the CUP, and the 2012 minor modification application to the CUP for The Bank. Mr. Puma filed the 2007 CUP application in order to upgrade from a type 41 alcohol license (which allows beer and wine sales) to a type 47 alcohol license (which allows for sale of beer, wine, and distilled spirits). The type 41 and 47 alcohol licenses are issued by the State agency of Alcohol Beverage Control (ABC) and not the City.

58. After the 2007 CUP was approved by the City with the final conditions including that the hours of operation as set forth above, Mr. Puma thereafter in 2008 filed a minor modification application to the CUP to request that the hours of operation of The Bank be extended to 2:00 a.m. with last call for alcohol at 1:30 a.m.

The 2008 minor modification application to the CUP was approved within a week or two and was "not real complicated." Mr. Puma understood that the 2008 minor modification to the CUP allowed The Bank to operate until 2:00 a.m.

59. Mr. Puma thereafter went into the City and filed the 2012 minor modification application to the CUP to request background music for lunch and dinner crowds at The Bank. Mr. Puma testified that he submitted the 2012 minor modification 31 application, paid the $300 fee for the application, and a couple of days later Mr. Puma received the approval for the 2012 minor modification application. Mr. Puma testified that there was no discussion with anyone at the City regarding the operating hours of The Bank at the time he filed the 2012 minor modification application. When Mr. Puma received the approval for 2012 minor modification application for the CUP, he "saw that it had the addition of music," and he kept a copy of the approval at the bar of The Bank. Mr. Puma testified that at the time he received that approval it was his understanding that he still had approval to operate The Bank until 2:00 a.m. Mr. Puma testified that he did not "catch it" that the 2012 minor modification approved hours had changed back to that of the original 2007 CUP. Mr. Puma testified at the hearing, "it was obvious to me that the City made an honest mistake [on the 2012 minor modification approval] and copied and pasted the wrong CUP — the 2007 CUP and not the 2008 CUP — and I did not catch it at the time." Mr. Puma stated that he believes that the City staff mistakenly copied and pasted the operating hours from the 2007 CUP into the 2012 minor modification to the CUP instead of using the proper 2008 minor modification to obtain those hours.

Mr. Puma stated that he did not read the 2012 minor modification application of the CUP approved terms, and he did not ever request an appeal of the approved terms of that 2012 minor modification. He also never submitted another minor modification application to modify the CUP.

60. After the 2012 minor modification to the CUP was approved, Mr. Puma continued to operate The Bank up to 2:00 a.m. because he understood that he had approval to do so. Mr. Puma continued to operate The Bank until 2:00 a.m. until he sold a portion of CNC Puma in February 2020. During that time frame, Mr. Puma operated The Bank until 2:00 a.m. He stated that sometimes he would close The Bank 32 at 1:00 a.m. because he was "getting a crowd" he did not want because most of those people were getting kicked out of other places. However, he mostly stayed open until 2:00 a.m. on the weekends during that period of time with no complaints from the City regarding those hours of operation.

61. In early 2021 Amanda Lane, part owner and the current manager of The Bank, called Mr. Puma and asked about the approved hours of operation in the CUP.

Mr. Puma told her that a copy of the 2012 minor modification approval of the CUP was at the bar of The Bank. Ms. Lane told Mr. Puma that "they did a cleaning and threw it away because they did not know what it was." Ms. Lane told Mr. Puma that the City had contacted her about the approved operating hours. In an effort to obtain clarification, Mr. Puma emailed Luke Watson in February 2021 requesting clarification of the approved operating hours for The Bank. In the email, Mr. Puma wrote, in part, as follows:

In 2012 we applied for a Minor Mod to allow us to have
indoor music. At that time, I believe and [sic] error was made and the hours were taken from the original
Conditions, requiring we close at 10pm during the week
and 11 pm on Friday and Saturday except for Cinco De
Mayo and other holidays. We continued to stay open until tam since. For a brief period, in 2016, I believe, Christy and I made the decision to close at lam. Last call was at 12:30am.

That was our choice due to the town getting a bit crazy after lam. We have never been told to close before tam
and we have always been responsible business owners.... 33 Mr. Puma testified that Mr. Watson responded by providing the currently approved operating hours in the 2012 minor modification to the CUP. Mr. Puma then reached out to ABC to obtain a copy of the 2008 minor modification to the CUP showing that the approved hours at that time were until 2:00 a.m. Mr. Puma testified that he was trying to work with the City to "fix the issue" because the operating hours in the current CUP "were obviously wrong because we never discussed any change to the operating hours." On March 3, 2021, Mr. Puma emailed a copy of the 2008 minor modification to the CUP to Mr. Watson with the statement, "I'm not sure why you don't have these conditions in the file for The Bank, but here's a copy for you." Mr. Puma admitted that he has had no further communications with the City regarding the approved operating hours for The Bank since this email.

62. Mr. Puma admitted on cross-examination that he is aware that CNC Puma has paid the City thousands of dollars in fines for the citations discussed above.

However, he also admitted that he has never appealed any of those citations, but believed that Ms. Lane was doing so because she told him she was "fighting the citations." However, he also admitted that he was not aware of exactly what Ms. Lane was doing to "fight the citations." He stated he is not aware of any person submitting an appeal document to the City for any of the citations or civil penalties.

63. With regard to the use of a D.J. as entertainment at The Bank, Mr. Puma testified that he did not believe he needed a modification to the CUP to have a D.J. because he does not believe that a D.J. is live entertainment and is instead just a recording. With regard to drag shows, Mr. Puma stated that he believes a drag show complies with the approved condition of the 2012 CUP approving indoor music with one instrument and one vocalist because it is "indoor live entertainment." He admitted 34 that the live entertainment was approved to happen during dinner, and he simply stated that drag shows are "not his thing."

64. Mr. Puma admitted that he never talked to Norman Solomon or anyone else from Zip Third about the citations or civil penalties discussed above. Mr. Puma testified that the last conversation he had with Norman Solomon was to inform him that Mr. Puma would be moving out of the country, and that Ms. Lane and Ryan Parent would be dealing with the day-to-day operations of The Bank and would be communicating with Mr. Solomon.

65. Mr. Puma testified that he is aware that CNC Puma filed for Chapter 11 bankruptcy sometime after February 2020. He was not aware of exactly when or the specifics because "that was done by Amanda and Ryan."

TESTIMONY OF AMANDA NICOLE LANE

66. Amanda Lane, formally known as Amanda Moore, is one of the owners of CNC Puma, d.b.a. The Bank, acts as the President and C.E.O. of CNC Puma, d.b.a. The Bank, and is the day-to-day manager of The Bank. She has held these positions since February 27, 2020, when she and Ryan Parent took partial ownership of CNC Puma, d.b.a. The Bank. Ms. Lane testified that there are currently four owners of CNC Puma, d.b.a. The Bank, namely herself, Craig Puma, Christy Puma, and Ryan Parent. Her duties are oversight of all operations of the restaurant, including scheduling employee hours, managing payroll for employees, all administrative duties, interacting with the community and law enforcement, even bussing tables. Ms. Lane generally has an on - site presence at The Bank during almost all operating hours. Ms. Lane and Ryan Parent took a partial ownership in CNC Puma, d.b.a. The Bank, on February 27, 2020, and two - and -a -half weeks later the COVID pandemic forced them to shut down the restaurant. 35 The year 2020 was devastating financially to the business. At the end of 2020, The Bank again was operating as it had previously until 2:00 a.m.

67. Ms. Lane described The Bank as a bar and restaurant serving Mexican food. The Bank is closed on Mondays, but is open at 11:00 a.m. on Tuesdays through Fridays, and opens at 9:00 a.m. on Saturdays and Sundays. On Fridays and Saturdays, The Bank typically closes at 2:00 a.m., and on Sunday The Bank closes sometime between 10:00 p.m. and 12:00 a.m. depending on the amount of business. During the hours of operation, and particularly during the evening hours on Friday and Saturday nights, Ms. Lane is normally located outside The Bank at the corner where she can see inside the restaurant and can watch the people coming into The Bank to ensure those people are not drunk. During Friday and Saturday nights, there is lots of foot traffic and road traffic near The Bank, and "people are bouncing from one place to another." She stated that people tend to visit multiple establishments in one evening. Ms. Lane stated that the location of The Bank is at the busiest intersection in Old Town and "everything goes through that intersection." There is no designated parking for The Bank.

Ms. Lane stated that on Friday and Saturday nights, there is lots of activity around The Bank, including people going to dinner at different restaurants, groups of people looking for a place to go, bachelorette parties, homeless people, intoxicated people, and people driving and "running stop signs." Ms. Lane supervises all employees at The Bank, including the security guards. She stated that now the security guards at The Bank are licensed. However, she admitted on cross-examination that only since July 31, 2022, have all the security guards at The Bank been wearing clothing as required by City ordinances. She also admitted that in the past year -and -a - half not all the security guards working at The Bank have been licensed as security 36 guards. Ms. Lane testified that it was not required that the security guards be licensed.

She also admitted that she did not obtain any criminal background checks on the security guards and "bouncers" who worked at The Bank, because that was not required. Ms. Lane admitted that she did not know if any of her current or former security guards have criminal convictions.

68. Ms. Lane also supervised the bartenders at The Bank and stated that all bartenders at The Bank are certified with the liquor certification from ABC. Ms. Lane also trains the bartenders and provides "pour test training" to ensure that they are pouring the correct amount of alcohol for a drink. She also instructs bartenders that they cannot overserve customers such that the customer will become drunk. If a bartender feels that a customer is impaired, they can stop serving alcohol to the customer and can also have the customer thrown out of The Bank. Ms. Lane stated that most customers at The Bank have been at other bars and restaurants in Old Town already, and it can sometimes be difficult to know how much alcohol those customers have consumed prior to coming to The Bank.

69. Ms. Lane stated during her testimony that since the end of 2020, The Bank has had a live D.J. performing at The Bank on the weekends. She stated that the D.J. typically starts performing anywhere from 2:00 p.m. to 9:00 p.m. and will perform up until 1:00 a.m. depending on the day.

70. Ms. Lane testified that when she is working outside of The Bank that she and her security guards look for individuals trying to enter The Bank who are intoxicated, stumbling or stuttering, or those who "are looking for trouble." She stated that she "screens people" entering The Bank and she, as well as the security guards, will deny access to The Bank to anyone who appears to be drunk or looking to cause trouble. Ms. Lane stated that she denies entry to people trying to enter The Bank 37 numerous times on each of Friday, Saturday, and Sunday nights. Additionally, Ms. Lane walks through the inside of The Bank once every 30 minutes, and if someone is showing signs of impairment and looks like they will "cause problems" she has a security guard escort that person out of The Bank. Ms. Lane stated that she makes many phone calls to the Temecula Police while she is working outside The Bank at the front door because she can see in every direction in Old Town from her location. She stated that she sees fights, DUPs, people vomiting, people "passing out" and falling because of being drunk, and people urinating in the parking lot. Ms. Lane insisted during her testimony that none of these people she observes were associated with The Bank or "had anything to do with The Bank." Ms. Lane knows half of the police officers who patrol Old Town by first name, and she has numerous personal mobile phone numbers of those officers. She stated that she calls the police frequently on Friday and Saturday nights for various problems in Old Town, but she stated, "most of my calls to police have nothing to do with our restaurant."

71. With regard to the shooting in January 2022 at The Bank where a person was killed, Ms. Lane testified that there was nothing that The Bank could have done to prevent a 22-year-old person from entering the property and shooting people. The person who was killed was a "former bouncer" at The Bank and had been fired from his job about six to eight months prior to the shooting. At the time of the shooting, the person killed worked at another restaurant down the street from The Bank. After this shooting, The Bank complied and cooperated with all requests from the Temecula police.

72. With regard to the shooting that occurred in November 2021 near The Bank, Ms. Lane was the individual who called 911 because of that shooting. She stated that the shooting happened after 1:00 a.m. and she heard the gunshot. A bouncer at

The Bank told Ms. Lane he heard the gunshot and saw the flash from the gun. She stated that she cooperated with the police investigation regarding that shooting, and that the police determined that the shooter never went into The Bank. Ms. Lane stated that there was a bouncer who had worked at The Bank on the night of the November 2021 shooting who had the nickname, Virus. According to Ms. Lane, Virus was an artist and Virus was "his artistic name." Virus worked at The Bank only for about three to four months. On the night of the November 2021 shooting, Sergeant Hephner informed Ms. Lane that Virus refused to cooperate with the police investigation of the shooting and would not provide his real name. As a result of learning this information, Ms. Lane fired Virus from his job at The Bank. Ms. Lane stated that she has one other employee who "goes by a moniker" and that person is known as Eagle. She explained that Eagle is a Native American and his father gave him that nickname.

73. Ms. Lane testified that many of the police calls made for incidents around The Bank were not caused by customers of The Bank, and many of the police calls in the area were from other businesses in the area. Ms. Lane obtained a log of calls for service from the Riverside Sheriff's Department for Old Town through a records request. She discussed many of the calls logged on that report.

74. At the time Ms. Lane and Ryan Parent purchased a portion of CNC Puma, d.b.a. The Bank, Ms. Lane understood that the allowed operating hours for The Bank were from 8:00 a.m. to 2:00 a.m. Prior to purchasing The Bank, Ms. Lane had been there many times and stayed up to 2:00 a.m. when The Bank was operating. In February or March 2021, Ms. Lane received the first warning citation from the City for being open past approved hours. Ms. Lane contacted Mr. Cole, the individual who writes citations, regarding the warning. She stated that Mr. Cole "did not have a lot of information." Ms. Lane then went to City Hall and requested "all the CUPS" for The 39 Bank. She stated that the City only provided her with the original 2007 CUP and the 2012 minor modification to the CUP, but not the 2008 minor modification to the CUP.

She stated that she asked for the 2008 CUP because Mr. Puma told her it existed.

Eventually, Ms. Lane obtained the 2008 minor modification to the CUP from Mr. Puma.

Ms. Lane sent an email on March 11, 2021, to Brad Landon, the agent for service of process for CNC Puma, d.b.a. The Bank, with the attached 2012 minor modification to the CUP with the following comment:

This is where music was added and the 2am time was left out (I think is [sic] was just an error on the city's part).

Ms. Lane then forwarded that email in September 25, 2021, to a fire marshal for the City in an effort to get clarification. Ms. Lane stated that after she did so she "thought things were still in limbo." Ms. Lane stated that she thought there were many errors in the 2012 minor modification of the CUP and she "wanted them corrected," but primarily the operating hours issue. Ms. Lane stated that she never applied for a minor modification to the 2012 CUP to get approved hours of operation of up to 2:00 a.m. because "I complied with the 2008 CUP, and there was no reason to do so." Ms. Lane admitted that she has been closing The Bank at 2:00 a.m., and she continues to do so.

She stated that if she did not operate until 2:00 a.m., then The Bank would be insolvent in 30 days. She stated that most of the money made at The Bank happens from midnight to 2:00 a.m.

75. Ms. Lane admitted that she paid over $15,000 in fines associated with citations and civil penalties issued by the City for The Bank operating beyond approved hours. She admitted that The Bank continued to receive citations and civil penalties with fines for that reason with fines totaling well over $100,000. She stated that she was a new business and did not want to make an enemy of the City so they .l

just paid the fines. Ms. Lane admitted that she, and no person from The Bank, ever appealed the citations or civil penalties. Instead, she stated that "I figured once [the City] figured it out that they would refund the money."

76. In July 2021 Ms. Lane contacted David Pinkerton, a person she believed at the time was the property owner of the land where The Bank sits, to inform him of the multiple citations received by the City. Ms. Lane stated that in 2021 she had only two contact numbers, one was for David Pinkerton and another was for Sean Pinkerton, and she believed that both of those individuals worked for Zip Third, the property owner. However, David Pinkerton in fact worked for a company named Metro Resources, which is a property management company hired by Zip Third. Ms. Lane stated that Mr. Pinkerton never told her that he would do anything about the citations or civil penalties, but that Mr. Pinkerton was aware that the City was citing and fining The Bank for operating outside of approved business hours.

It was not until June or July 2022 that Ms. Lane first had a conversation with Norman Solomon of Zip Third regarding any citations or civil penalties issued by the City to The Bank. Ms. Lane stated that at that time she had a long phone call with Mr. Solomon to "go over the citations," and "what was going on with the bankruptcy case." This was the first phone call or other communication that Ms. Lane had with Mr. Solomon. Ms. Lane has never read the lease agreement between The Bank and Zip Third, other than portions that were sent to her recently from Mr. Solomon regarding her obligation to provide notices to Zip Third.

Zip Third's Evidence

77. Zip Third presented two witnesses at the hearing. The following factual findings are based upon their testimony and related documents received in evidence. 41 TESTIMONY OF NORMAN SOLOMON

78. Norman Solomon is the manager of Zip Third, a company that "has no employees." Mr. Solomon testified that Zip Third purchased the property where The Bank sits in 2016 from the estate of Maureen Licata. Mr. Solomon is 76 years of age and has worked in real estate development and management for over 40 years.

Mr. Solomon owns over 100 properties and is involved in close to 100 limited liability companies. Mr. Solomon buys properties both as an individual, with partners, and as a limited liability company. Mr. Solomon owns multiple properties in Old Town, including several on the same block as The Bank. Mr. Solomon owns nine different properties in the City and has owned properties in the City for over 10 years. The City has never complained to Mr. Solomon about any of his properties, other than The Bank. Mr. Solomon testified that the main office for Zip Third is on Wilshire Blvd. in Los Angeles. However, Mr. Solomon has not been to that location regularly since March 2020 when the COVID pandemic began.

79. Mr. Solomon first learned of the City's intention to revoke the CUP in this matter on July 1, 2022, when he received a telephone call from Jennifer Petrusis.

Mr. Solomon "was stunned" and informed her that he knew nothing about any violations of the CUP by The Bank. Ms. Petrusis told Mr. Solomon that a hearing in this matter was already being scheduled, and Mr. Solomon asked for additional time so he could investigate. After this phone call, Ms. Petrusis sent the May 19, 2022, letter from Mr. Watson regarding the City's intention to revoke the CUP to Mr. Solomon. The next communication Mr. Solomon had with Ms. Petrusis was on July 5, 2022, and again Mr. Solomon asked for additional time to obtain an attorney familiar with the City. He told Ms. Petrusis he wanted to work in a productive way to resolve the issues. 42 80. Mr. Solomon testified that "his office" first found out about the City's citations and civil penalties for The Bank in March 2022. After Mr. Solomon got a phone call from Jennifer Petrusis on July 1, 2022, he contacted his office to ask if there had been any correspondence from the City regarding the citations and civil penalties, and he was told yes. He asked for the office to collect all communications and put in one file. Mr. Solomon stated that the earliest communication from the City in that file was postmarked March 7, 2022. Mr. Solomon stated that the office only had 16 violation letters contained in eight envelopes. Mr. Solomon denied ever seeing the August 2021 letter from Mr. Cole regarding the violations.

81. In July 2022 after speaking to Ms. Petrusis, Mr. Solomon had multiple phone calls with Ms. Lane to investigate the matter. According to Mr. Solomon, Ms. Lane told him that The Bank was not violating the CUP, but that the City had made a clerical error on the 2012 minor modification of the CUP and she was "working to resolve it." Mr. Solomon stated that prior to learning about the violations of the CUP, he never had any issues with Ms. Lane and she paid her rent on time and was generally helpful. Mr. Solomon had also never received any complaints from any other businesses in Old Town regarding The Bank, so he had no reason to believe any of the issues listed in the citations and civil penalties were happening. Mr. Solomon asked Ms. Lane multiple times to comply with the hours of operation as approved in the 2012 CUP, but Ms. Lane told him that The Bank would "go under" if she did that.

82. After his conversation with Ms. Petrusis, Mr. Solomon also contacted David Pinkerton, the property manager, to discuss the issues. Mr. Solomon learned that Mr. Pinkerton had received notice of citations and civil penalties beginning in March 2022. Mr. Pinkerton also told him that Ms. Lane informed him of the citations and civil penalties, and Mr. Pinkerton believed that Ms. Lane was "taking care of it." 43 83. Mr. Solomon stated that he did not learn that CNC Puma, d.b.a. The Bank, was in bankruptcy proceedings until July 2022 when he learned about the City's intention to revoke the CUP. Mr. Solomon stated that he had to retain a bankruptcy attorney to get relief from the automatic stay in order to begin the process of an unlawful detainer against The Bank in order to resolve the City's issues. According to Mr. Solomon, The Bank had previously filed another bankruptcy in 2019 or 2020 because The Bank was behind in their rent payments. At that time Mr. Solomon had hired a bankruptcy attorney to get relief to file an unlawful detainer action against The Bank. However, that bankruptcy was ultimately dismissed, and Ms. Lane and Ryan Parent paid all back rent in August 2020. The Bank has been up to date with its rent payments ever since and is currently up to date. Mr. Solomon stated that now that the bankruptcy case filed by The Bank has been dismissed as of late August 2022, he is now in the process of obtaining an attorney to file an unlawful detainer against The Bank.

84. Mr. Solomon testified that he has a custom and practice of maintaining a good relationship with the City and its officials. Mr. Solomon stated that he was one of the founding members of the Old Town Business Association and helped to write its by-laws. If Mr. Solomon had proper notice of the citations and civil penalties issued against The Bank at the time they were issued, he would have immediately contacted Mr. Cole and tried to arrange a meeting with the City Manager to discuss the issues.

After he received a phone call from Ms. Petrusis, Mr. Solomon immediately requested a meeting with the City Manager of the City, but the City Manager declined to meet with him. Mr. Solomon believes that if the CUP is revoked, The Bank will continue violating the CUP until Mr. Solomon evicts The Bank from the property. He believes this based on his conversation with Ms. Lane. Mr. Solomon stated that if the CUP is revoked, the value of the property will decrease. He also believes that he has not been

treated fairly by the City because his notice of these issues was insufficient for him to properly address them prior to the revocation hearing. Mr. Solomon stated he has never had this level of difficulty with any government entity.

TESTIMONY OF LAZARO FERNANDEZ

85. Lazaro Fernandez is an attorney specializing in bankruptcy law. He has been in private practice as an attorney since July 1989 and has handled thousands of bankruptcy cases. Mr. Fernandez was hired by Zip Third in late July or early August of 2022 to file a motion to convert the bankruptcy of CNC Puma, d.b.a. The Bank, from a Chapter 11 bankruptcy to a Chapter 7 bankruptcy, and to obtain relief from the automatic stay. Mr. Fernandez has filed two applications in the bankruptcy court regarding those issues and obtained hearings for those applications.

86. Mr. Fernandez explained that while The Bank is in bankruptcy, Zip Third is prevented from filing an unlawful detainer to evict The Bank. Mr. Fernandez appeared in bankruptcy court regarding the two applications referenced above. The bankruptcy court thereafter issued an order on August 23, 2022, which was received in evidence, dismissing the Chapter 11 bankruptcy all together, thereby rendering moot the motion for relief from the automatic stay. As a result, Zip Third is no longer prevented from initiating a unlawful detainer action against The Bank.

The Parties' Arguments

87. The City argues that it has met its burden to establish that CNC Puma, d.b.a. The Bank, has violated the CUP's approved operating hours, as well as the live entertainment provision of the CUP, and has become a disorderly house as prohibited in the applicable CUP. The City also argues that it has provided sufficient notice of 45 these violations to both CNC Puma, d.b.a. The Bank, and to Zip Third. Accordingly, pursuant to TMC section 17.03.085, the City requests revocation of the CUP.

88. CNC Puma, d.b.a. The Bank, argues that operating hours as set forth in the 2012 minor modification of the CUP are erroneous and not valid because the City simply, erroneously, and carelessly, copied and pasted the operating hours from the 2007 CUP into the 2012 CUP without consideration of the 2008 minor modification to the CUP. Accordingly, CNC Puma, d.b.a. The Bank, argues that the approved operating hours in the 2012 minor modification to the CUP are not applicable and the 2008 minor modification to the CUP is applicable. CNC Puma, d.b.a. The Bank, also argues that the City's evidence regarding the "disorderly house" issue is insufficient to establish that The Bank was responsible for all the issues in Old Town regarding fighting, public intoxication, and other issues constituting a disorderly house. With regard to noise issues, CNC Puma, d.b.a. The Bank, argues that the evidence establishes that the noise issue was resolved in July 2021. However, CNC Puma, d.b.a.

The Bank, failed to make any argument regarding the alleged violation of the CUP by having live entertainment beyond that approved.

Additionally, CNC Puma, d.b.a. The Bank, also argues that the City failed to do anything to enforce the 2012 CUP approved operating hours violations by The Bank for over nine years, essentially arguing that the doctrine of lathes prevents the revocation of the CUP.

89. Zip Third argues that the City failed to provide proper notice to Zip Third regarding The Bank's violation of the 2012 minor modification of the CUP, and because of that "even should the ALJ revoke or modify as to The Bank, it should not revoke or modify as to Zip Third" because Zip Third has done nothing to support the CUP revocation and Zip Third is not responsible for The Bank's operations. Zip Third M.

also argues that the City failed to provide proper notice regarding the citations and civil penalties to Zip Third because the City did not send those notices by certified mail to Zip Third pursuant to TMC Section 1.21.050 (B).

LEGAL CONCLUSIONS
Burden and Standard of Proof

1. The Zoning Regulations regarding Conditional Use Permits in the City of Temecula are contained in Title 17 of the Temecula Municipal Code. Title 17.030.085 of the Temecula Municipal Code governs the revocation or modification of CUPS, including the procedure for appeal and public hearing. Pursuant to TMC Section

17.03.085 (A)(4), at the hearing of an appeal "[t]he 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."

2. "Clear and convincing evidence" requires a high probability of the existence of the disputed fact, greater than proof by a preponderance of the evidence.

Evidence of a charge is clear and convincing as long as there is a high probability that the charge is true. (People v. Mabini (2001) 92 Cal.AppAth 654, 662.) Applicable TMC Sections

3. Title 17.030.085 (A)(1)(a) of the TMC provides:

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
47 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.

4. Title 17.030.085 (A)(1)(b) of the TMC provides that the city clerk shall refer the matter to the California Office of Administrative Hearings for the assignment of an administrative lawjudge to serve as an independent hearing officer, and a hearing regarding the revocation of a CUP "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."

5. Title 17.030.085 (A)(5) of the TMC provides:

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. Title 17.030.085 (A)(7) of the Temecula Municipal Code provides:

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 i•

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.

Evaluation

7. The City has established by clear and convincing evidence that the approved conditions of the 2012 minor modification to the CUP are applicable in this matter, as opposed to the 2008 minor modification to the CUP. The City has also established by clear and convincing evidence that CNC Puma, d.b.a. The Bank, has violated condition 12 of the 2012 CUP by continuously operating outside of the approved hours of operation; has violated condition 12 of the 2012 CUP by selling alcohol to customers at hours beyond that permitted by the 2012 CUP; has violated condition 9 of the CUP by having live entertainment of a D.J. at The Bank, which is beyond the live entertainment permitted in the 2012 CUP; and violated condition 28 c. for becoming a disorderly house.
50 APPROVED CONDITIONS OF THE 2012 MINOR MODIFICATION TO THE CUP

8. CNC Puma, d.b.a. The Bank's, argument that the 2008 Minor Modification to the CUP is the applicable CUP setting approved final conditions is unpersuasive. The City established by clear and convincing evidence, through the testimony of Luke Watson and others that the final conditions of approval in the 2012 minor modification to the CUP are those conditions that are applicable for The Bank's hours of operation and otherwise. Mr. Puma and Ms. Lane's testimony that the City simply "made a mistake" by copying the approved operating hours from the 2007 CUP was not persuasive, particularly in light of the credible testimony of Stuart Fisk, who explained that the change in those operational hours in the 2012 minor modification to the CUP was purposeful and intentional by the City. Notably, when he received the approval for the 2012 minor modification to the CUP, Mr. Puma did not read them or ever appeal those approved operating hours, which would have been the proper avenue to assert such a mistake on the part of the City. Furthermore, despite over a year of citations and civil penalties for operating outside of those approved hours, Ms. Lane (or any person from The Bank) never appealed or challenged the asserted approved operating hours to the City. Instead, Ms. Lane simply paid the fines. If she believed that the approved operational hours were incorrect, then her recourse would have been to appeal the citations. Additionally, never during this process did either Mr. Puma, or any owner of CNC Puma, d.b.a. The Bank, ever apply for another minor modification to the CUP to correct the hours of operation to those they believed were correct. The inaction of any owner of The Bank to address the issue of the approved operating hours undercuts their argument that the approved operating hours of the 2012 minor modification to the CUP are applicable in this matter. 51 THE BANKS VIOLATIONS OF THE 2012 MINOR MODIFICATION TO THE CUP

9. The City established by clear and convincing evidence that CNC Puma, d.b.a. The Bank, frequently and continuously violated the approved conditions of the 2012 minor modification to the CUP. Specifically, both Ms. Lane and Mr. Puma admitted that they operated The Bank until 2:00 a.m., with service of alcohol well after 10:00 p.m., which is well beyond the allowable 11:00 p.m. operation time and 10:00 p.m. approved time to serve alcohol, because they both mistakenly believed they were entitled to do so under the approved conditions. Their mistaken beliefs do not absolve them from their violations. Additionally, both Mr. Puma and Ms. Lane asserted that a live D.J. with recorded music and speakers, as well as a drag show do not violate condition 9 of the 2012 CUP. Their assertion was unpersuasive. A live D.J. is a form of live entertainment, and so is a drag show, and both of those forms of entertainment go well beyond one vocalist and one instrument to be used during lunch and dinner.

Indeed, the D.J. performed up until 1:00 a.m., which is obviously after dinner.

10. Finally, with regard to condition 28 c. of the 2012 minor modification to the CUP related to a disorderly house, Sergeant Hephner's testimony regarding activities at and around The Bank was credible and persuasive and established that The Bank had become a disorderly house, which is defined as "disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti etc." or that "has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc." The City established by clear and convincing evidence that The Bank created loud noise beyond that allowed by the City's TMC with outdoor speakers and a D.J.; The Bank had many ongoing crimes including a murder that occurred at The Bank's patio, and many fights and incidents of public intoxication. Ms. Lane's assertion 52 that those things were happening around The Bank, but were not caused by The Bank, was simply unpersuasive.

THE DOCTRINE OF LACHES DOES NOT APPLY

11. CNC Puma, d.b.a. The Bank, asserted that the City failed to take any action against The Bank's failure to abide by the operating hours set forth in the 2012 CUP for over nine years, which appears to be an argument that the doctrine of laches applies to prevent the City from either revoking the CUP or enforcing the operating hours of the 2012 CUP. "The defense of laches requires unreasonable delay plus either acquiescence in the act about which plaintiff complains or prejudice to the defendant resulting from the delay." (Feduniak v. California Coasta/Com. (2007) 148 Cal.App.4tn 1346, 1381.) In this case there is no evidence that the City knew that The Bank was operating outside of the approved operating hours in the 2012 CUP until 2021 when it began issuing citations. Specifically, testimony from Mr. Cole established that the City was not aware of those violations until 2021. Accordingly, the doctrine of laches does not apply in this matter.

NOTIFICATION TO ZIP THIRD

12. Zip Third's argument that the City should be prevented from revoking the CUP because Zip Third was provided with insufficient notice regarding the citations and civil penalties in this matter is unpersuasive. Specifically, the issue in this matter is whether Zip Third was provided sufficient notice regarding the City's intention to revoke the CUP, and not whether Zip Third was provided sufficient notice of the underlying citations and civil penalties. However, the City established by clear and convincing evidence that Zip Third had received some notice regarding those citations and civil penalties at least as early as August 2021, because Mr. Cole sent both a letter 53 in August 2021 to Mr. Solomon at his Wilshire Blvd. address, as well as sent copies of 72 different civil penalty letters to Mr. Solomon at his Wilshire Blvd. address as early as August 2021. Mr. Solomon claimed that he did not receive these documents. However, he also admitted that he simply did not go to his office where those letters were sent during that time because of COVID. Accordingly, the City provided sufficient notice to Mr. Solomon regarding the violations of the CUP by The Bank.

13. Zip Third also argues that the City has been unfair to Zip Third because the City refuses to "work with them" to address The Bank's violations. However, the TMC does not require the City to work with the property owner, but the TMC does provide a mechanism by which the City may revoke the CUP if repeated violations have been established pursuant to TMC Section 17.03.085. The City has met its obligations under the TMC for revocation of the CUP in this case, and the City has no obligation to "work with" the property owner otherwise. While Mr. Solomon credibly testified that the City's revocation of the CUP will not stop the continued violations by The Bank, and that eviction of The Bank will do so. The only issue for determination in this hearing is whether the City has met its clear and convincing burden to establish that conditions of approval of the CUP have been violated and revocation of the CUP is appropriate under these circumstances and it has done so.

14. Zip Third's argument that the CUP should be revoked with regard to CNC Puma, d.b.a. The Bank, and not with regard to Zip Third is also unpersuasive. Nothing in the TMC provides any authority by which such a revocation with regard to a tenant but not with regard to an owner is possible. Instead, the TMC simply sets forth the procedure by which the CUP may be revoked in total.
54 ORDER
The 2012 Minor Modification to the CUP, as well as the original 2007 CUP and the 2008 Minor Modification to the CUP, issued to CNC Puma, d.b.a. The Bank, and to Zip Third Investments, L.L.C. are revoked.

DATE: October 19, 2022 Debra D. Nye-?N-khf
DEBRA D. NYE-PERKINS
Administrative Law Judge
Office of Administrative Hearings
55 CITY OF TEMECULA

AGENDA REPORT
TO: City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: April 11, 2023
SUBJECT: Conduct Hearing In the Matter of the Revocation of Conditional Use Permit For the Operation of The Bank and Consider Proposed Decision of the Office of Administrative Hearing Officer and Confirmation of Decision by Planning Commission
PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council conduct a public hearing in the matter of the revocation of the conditional use permit ("CUP") for the operation of The Bank; consider the proposed decision of the Office of Administrative Hearing Officer as adopted with modification by the Planning Commission; and render a decision upholding or denying the proposed decision of the Planning Commission revoking the CUP. This hearing is proceeding under Temecula Municipal Code Section 17.03.085.

BACKGROUND: The matter of the revocation of the conditional use permit of The Bank, was heard virtually on August 31, 2022 and September 1, 2022, before Administrative Law Judge Debra D. Nye -Perkins, with the Office of Administrative Hearings (OAH).

The matter was closed and submitted for decision on September 19, 2022. On October 19, 2022, the Administrative Law Judge issued a proposed decision revoking the conditional use permit of The Bank. The OAH Judge's proposed ruling is found in Attachment A.

A hearing was then set before the Planning Commission for December 19, 2022 to consider the proposed decision. At the request of Zip Third Investments, that hearing was continued to January 18, 2023. At the request of The Bank, the January 2023 hearing was continued to February 15, 2023.

On February 15, 2023, the Planning Commission heard the matter. Resolution No. 2023-04, setting forth the decision of the Planning Commission to confirm the decision of Administrative Law Judge Debra D. Nye -Perkins revoking the CUP, is attached. The record of proceedings and transcript of the Planning Commission hearing is also attached.

On March 10, 2023, The Bank and Zip Third Investments filed appeals of the Planning Commission decision to the City Council. The appeals were filed in a timely manner with the appropriate appeal fee. In response, the hearing before the City Council was scheduled for April 11, 2023, at 10 a.m. The appropriate public hearing notices and mailings were made. This hearing is a de novo proceeding and is limited to the record below and allows for public comment.

The general process for the conducting the hearing before the City Council is as follows:

1. The Mayor will call the matter for consideration.

2. The attorney(s) for the City will argue the case for upholding the proposed decision. (45 mins total including rebuttal time)

3. The attorney(s) for The Bank will argue the case for denying and/or modifying the proposed decision. (45 mins)

4. The attorney(s) for Zip Third Investments will argue the case for denying and/or modifying the proposed decision. (45 mins)

5. The attorney(s) for the City will have a rebuttal opportunity. (as reserved from total time noted above)

6. The City Council will receive public comment.

7. The attorneys for the City, The Bank, and Zip Third Investments will get 5 minutes each to respond to the public comment.

8. The City Council will discuss and decide the matter. A resolution setting forth the City Council's decision will be adopted at a subsequent meeting and notice will be provided to all parties.

A full record of all proceedings held to date and exhibits are attached and noted in the attachments list below.

FISCAL IMPACT: None
ATTACHMENTS: 1. Office of Administrative Hearings — Proposed Decision

2. Planning Commission - Agenda Packet (Record of Proceedings)

3. Planning Commission — Transcript of Proceedings

4. Planning Commission - Resolution No. 2023-04

5. City Council — Appeal from Bank Restaurant

6. City Council — Appeal from Zip Third Investments

BEFORE THE

OFFICE OF ADMINISTRATIVE HEARINGS

STATE OF CALIFORNIA
In the Matter of the Revocation of Conditional Use Permit of:

THE BANK, Respondent
and
ZIPTHIRD INVESTMENTS, L.L.C., Respondent
OAH No. 2022051021

PROPOSED DECISION
Debra D. Nye -Perkins, Administrative Law Judge, Office of Administrative Hearings (OAH), State of California, heard this matter by videoconference and by telephone on August 31, 2022, and on September 1, 2022.

Jennifer Petrusis, Attorney at Law, represented complainant, the City of Temecula (the City).

Thomas J. Callaway, Attorney at Law, represented respondent CNC Puma Corporation (CNC Puma), owner of The Bank (The Bank), a restaurant operating at 28645 Old Town Front Street, Temecula, California (the subject property) and tenant of the subject property.

Elizabeth L. Martyn and Richard Edwards, Attorneys at Law, represented respondent Zip Third Investments, L.L.C. (Zip Third), owner of the subject property.' Oral and documentary evidence was received. The record remained open to allow the parties to submit written closing arguments, and the matter was closed and submitted for decision on September 19, 2022.

FACTUAL FINDINGS
Jurisdictional Matters and Background

1. In November 2007 CNC Puma submitted an application to the City for a Minor Conditional Use Permit (CUP) on behalf of The Bank for the purpose of "to upgrade to a type 47 liquor license." The CUP application was signed by Craig Puma on behalf of CNC Puma, d.b.a. The Bank, as well as the property owner at that time named Maureen Licata.

2. On January 3, 2008, the Director of Planning for the City approved the CUP application to upgrade from a Type 41 Alcohol Beverage Control (ABC) license ' At hearing the City asserted that Zip Third Investments, L.L.C., as the owner of the property at issue in this hearing, and CNC Puma Corp., the owner of The Bank, a restaurant leasing the subject property on which it operates, both have an interest in the Conditional Use Permit (CUP) at issue in this hearing. Because the CUP transfers with the property and because the CUP controls the operation of The Bank, both Zip Third Investments, L.L.C. and CNC Puma Corp. are permit holders and respondents in this matter.
2 (on -sale beer and wine — eating place) to a Type 47 ABC license (on -sale, general) authorizing the sale of beer, wine, and distilled spirits at The Bank subject to conditions of approval.

Those conditions of approval included the following: (1) the applicant and owner of the real property agreed to indemnify the City for any actions arising from the CUP; (2) licensees may not permit the premises to become a disorderly house, which is defined as a premises that "disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc. and/or has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc., and the licensed premises includes the parking lot."; and (3) regular hours of operations shall be as follows: Monday through Thursday 11:00 a.m. to 10:00 p.m., Friday 11:00 a.m. to 11:00 p.m., Saturday 8:00 a.m. to 11:00 p.m., Sunday 8:00 a.m. to 10:00 p.m. On holidays the facility shall be allowed to close at midnight. The sale of alcoholic beverages shall cease at 10:00 p.m. Monday through Thursday and Sunday. The sale of alcoholic beverages shall cease at 11:00 p.m. on Fridays and Saturdays. The consumption of alcohol shall cease no later than one hour after closing.

3. On October 9, 2008, Craig Puma on behalf of CNC Puma, d.b.a. The Bank, as well as Maureen Licata as property owner, signed and submitted a minor modification to the CUP application to the City requesting a modification to the CUP "to extend hours to California law, according to ABC service until 2:00 a.m." meaning to request modification of the conditions to allow The Bank to serve alcohol on all days until 2:00 a.m.

4. On October 15, 2008, the City's planning department approved the minor modification to the CUP allowing service of alcohol on all days until 2:00 a.m. with 3 conditions, including that last call for service of alcohol shall occur at 1:30 a.m., and all other previous conditions of approval shall apply.

5. On February 27, 2012, Craig Puma on behalf of CNC Puma, d.b.a. The Bank, as well as Maureen Licata as property owner, signed and submitted a minor modification to the CUP application to the City requesting "the addition of a one person musical addition inside for background music (daily noon to 10 p.m.)."

6. On February 28, 2012, the City notified Craig Puma on behalf of CNC Puma, d.b.a. The Bank by letter signed by Stuart Fisk, Senior Planner, that the 2012 minor modification to the CUP application was approved and attached the Final Conditions of Approval to the letter. The Final Conditions of Approval included the following requirements: (1) indoor dinner entertainment consisting of one keyboard or other instrument played with one vocalist for the purpose of providing background music as permitted daily from noon until 10:00 p.m.; (2) regular hours of operations shall be as follows: Monday through Thursday 11:00 a.m. to 10:00 p.m., Friday 11:00 a.m. to 11:00 p.m., Saturday 8:00 a.m. to 11:00 p.m., Sunday 8:00 a.m. to 10:00 p.m. On holidays the facility shall be allowed to close at midnight. The sale of alcoholic beverages shall cease at 10:00 p.m. Monday through Thursday and Sunday.

The sale of alcoholic beverages shall cease at 11:00 p.m. on Fridays and Saturdays. The consumption of alcohol shall cease no later than one hour after closing.

7. As detailed more below, beginning in March 2021, the City issued numerous citations to CNC Puma, d.b.a. The Bank for various violations of the Temecula Municipal Code (TMC), including for violating approved operational hours beyond 11:00 p.m., having excessive noise levels including with outside speakers over allowed noise levels, and failing to have a CUP for amplified music and live entertainment. The last citation was issued in July 2021. 11 8. Beginning in July 2021, the City issued numerous Civil Penalty Notice and Orders to CNC Puma, d.b.a. The Bank for violations of the TMC related to the CUP in place for violations as detailed below. The last Civil Penalty Notice and Order was issued by the City on August 20, 2022.

9. On August 20, 2021, Tom Cole, Field Supervisor — Code Enforcement for the City, sent a letter to Zip Third, "attn: Norman S. Sullivan" at the address for service of process listed with the California Secretary of State for Zip Third on Wilshire Blvd. in Los Angeles, California. The letter provided, in part, as follows:

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 opened beyond the permissible operating
time of 11:00 p.m. The City of Temecula Code Enforcement has been issuing, and will continue to issue, civil penalties for these violations.

10. By letter dated May 19, 2022, Luke Watson, Deputy City Manager for the City, notified CNC Puma, The Bank, and Amanda Moore, who is an officer of CNC Puma and manager of The Bank, that the City intended to revoke the CUP for the subject property based upon numerous violations of the CUP, citations, and civil penalties issued. The May 19, 2022, letter was carbon copied to owner of the subject property "Norman Sullivan" of Zip Third at the same address as the subject property in Temecula, but not to the address for service of process as listed by the California Secretary of State for Zip Third, which was on Wilshire Blvd. in Los Angeles. The May 19, 2022, letter was also carbon copied to "Maureen Licata" as the property owner. 5 11. On July 8, 2022, Jennifer Petrusis, counsel for the City, wrote a letter to Norman Solomon of Zip Third at that Wilshire Blvd. address in Los Angeles. The letter stated that Ms. Petrusis spoke with Mr. Solomon by telephone on July 1, 2022, regarding the City's intentions to revoke the CUP for the subject property because of the ongoing violations of the CUP as set forth in the numerous citations and civil penalties issued to The Bank. The letter also stated that Ms. Petrusis emailed a copy of the May 19, 2022, Notification letter from Deputy City Manager Watson. The July 1, 2022, telephone call was the first notification given to Zip Third that the City was moving forward to revoke the CUP.

12. On May 31, 2022, the City filed a request to set this hearing with the Office of Administrative Hearings, which included as the respondent The Bank, with notification to CNC Puma. However, the City failed to list Zip Third as a respondent, and provided no indication on the filing that Zip Third was notified of the request to set the hearing. As noted above, the first notice Zip Third received regarding this hearing for revocation of the CUP was the July 1, 2022, telephone call with Norman Solomon.

Violations of the CUP, Citations, and Civil Penalties Issued

13. The City has issued 34 separate citations to The Bank over a five -month period beginning on March 5, 2021, with the last citation issued on July 24, 2021. Each of the citations were for violation of the permitted operating hours, with The Bank consistently operating past 11:00 p.m. on Friday and Saturday nights and selling alcoholic beverages to patrons after 11:00 p.m. on Friday and Saturday nights; as well as having excessive noise levels including with outside speakers over allowed noise levels, and failing to have a CUP for amplified music and live entertainment. The first citation issued on March 5, 2021, assessed a $50 penalty for the violations, the second Al

citation issued on March 6, 2021, assessed a $150 penalty for the violations, seven of the citations assessed a $250 penalty for the violations, one citation assessed a $300 penalty for the violations, one citation assessed a $400 penalty for the violations, and two citations assessed a $500 penalty for the violations. Respondent The Bank paid the City for the first 13 citations for total payments of $3,650, and paid an additional four citations (one citation dated May 7, 2021, for $250; another dated May 8, 2021, for $500; another dated July 2, 2021, for $500; and a final dated July 3, 2021, for $500) for total payments of $1,750. Accordingly, The Bank paid the City $5,400 for those 17 citations, but the remaining 18 citations were not paid by The Bank and remain delinquent. Of the 18 unpaid citations, 11 of those each assessed a penalty of $500, and the remaining seven of the unpaid citations each assessed a penalty of $250, for a total of $7,250 of unpaid assessments for the violations in those citations. None of these citations were contested by CNC Puma, d.b.a. The Bank.

14. The City has issued 109 Civil Penalty Notice and Order letters to CNC Puma, d.b.a. The Bank for the continuing violations of the CUP as set forth in each of the 34 citations discussed above. The first Civil Penalty Notice and Order was issued on July 27, 2021, and assessed a fine of $500 for the continued violations with daily accrual of civil penalties of $2,500 per day for any continued violations. The second Civil Penalty Notice and Order was issued on July 30, 2021, and assessed a fine of $750 for the continued violations with daily accrual of civil penalties of $2,500 per day for any continued violations. The third Civil Penalty Notice and Order was also issued on July 30, 2021, and assessed a fine of $500 for the continued violations with daily accrual of civil penalties of $2,500 per day for any continued violations. The eighth Civil Penalty Notice and Order was issued on August 8, 2021, and assessed a fine of $500 for the continued violations with daily accrual of civil penalties of $2,500 per day for any continued violations. All of the remaining 105 Civil Penalty Notice and Order VA

letters issued to The Bank assessed a fine of $1,000 each. According to the May 19, 2022, letter from Deputy City Manager Watson, The Bank paid the first 42 issued Civil Penalty Notice and Order fines totaling $40,250 with the remaining 67 Civil Penalty Notice and Order fines being unpaid and delinquent for a total of $67,000. However, only four of the 109 Civil Penalty Notice and Order documents indicate on their face that they have been paid, which would mean the total of fines paid is $3,500, with a remaining 105 Civil Penalty Notice and Order fines totaling $103,750 remaining unpaid and delinquent, which is consistent with the testimony of witnesses at the hearing.

None of the Civil Penalty Notice and Orders were contested by The Bank.

The City's Evidence

15. The City presented six witnesses at the hearing. The following factual findings are based on their testimony and related documents received in evidence.

TESTIMONY OF LUKE WATSON

16. Luke Watson is currently employed by the City as the Deputy City Manager, a position he has held for about one year. Mr. Watson is also currently employed by the City as the Planning Director, a position he has held since 2015. His duties as the Deputy City Manager include the administration of all operations of the City. His duties as the Planning Director include oversight of Code enforcement, building safety, housing, and other duties. Mr. Watson has been an employee of the City since 2006 in various roles, including as Management Assistant, Analyst, Senior Planner, Community Development Director, Planning Director, and Deputy City Manager.

17. Mr. Watson explained that a CUP is a permit that must be acquired for a specific commercial use of property in the City for which there is potential for specific 8 impacts that need to be addressed by the City. For example, a restaurant located in a properly zoned area for restaurant use does not need a CUP to operate. However, if that restaurant wants to add a liquor license to its operation, then a CUP is needed because of the potential impacts of the liquor license on the City. A CUP has specific conditions of approval that must be met for the specific commercial use of the property, which include requirements on that specific commercial use that the City has imposed to mitigate the impact of the commercial use. Those requirements may be specific hours of operation, entertainment parameters, or other limitations.

18. Mr. Watson further explained that the CUP application process requires that the CUP applicant, usually the business owner, as well as the property owner, sign the CUP application and submit it to the City. Thereafter, the City staff and the applicant "go back and forth over a few weeks" to "work through the specific conditions that need to be addressed in the permit." During this "back and forth" period, the applicant has an opportunity to challenge the conditions of approval. Once the applicant agrees to the conditions to be placed on the CUP, then the application will be addressed at a public hearing to be approved by the City. If the applicant is still not satisfied with the conditions to be placed on the CUP, the applicant can address that at the public hearing. After the City approves the CUP and its conditions at a public hearing, the applicant can still appeal that decision within 15 days of that approval as set forth in TMC 17.03.090.

19. Mr. Watson testified that the process to modify an existing CUP is similar to the original application to obtain a CUP. However, a minor modification to a CUP application does not require a public hearing. Instead, for a minor modification to a CUP, the City staff may approve the minor modification by administrative approval. If a major modification to a CUP is needed, then a public hearing may be required. 9 20. Mr. Watson testified about the specific CUP at issue in this matter. The original CUP application (application number PA-07-0314) was filed by Craig Puma on behalf of The Bank in 2007 and signed by the owner of the property at that time, Maureen Licata. The original CUP application sought to upgrade from a type 41 alcohol license (which allows for the sale of beer and wine at a restaurant) to a type 47 liquor license (which allows for the sale of beer, wine, and distilled spirits). The City had a public hearing regarding this original CUP application and thereafter granted the CUP application on January 3, 2008, with conditions of approval. Those conditions included condition number 13 that provides:

Regular hours of operations 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 8:00 a.m. to 10:00 p.m. On holidays (including Cinco De Mayo) the facility shall be allowed to close at midnight. The sale of alcoholic
beverages shall cease at 10 p.m. Monday -Thursday and
Sunday. 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. (As amended at Directors Hearing on 1 /3/08).

Craig Puma signed the "Acceptance of Conditions of Approval" for the original CUP on January 16, 2008.

21. Mr. Watson stated that after the issuance of the original CUP, Craig Puma, on behalf of The Bank, applied for two different modifications to the CUP. The 10 first minor modification application (application number PA-08-0236) was filed on October 9, 2008, for a request to extend the operating hours for the sale and consumption of alcohol for The Bank until 2:00 a.m. On October 15, 2008, the City approved the minor modification to the CUP with conditions by an administrative approval from the City staff. The final conditions of approval for the minor modification included the following:

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.

In the case that the restaurant manager would like to stay open past the regular hours of operation (stated above) he/she may be permitted to stay open until 2:00 a.m. When this occurs, alcoholic beverages may be served until
2:00 a.m. as consistent with the provisions of California State Law.
"Last call" for alcohol service shall occur at 1:30 a.m. as consistent with California State Law.

22. The second minor modification to the CUP application (application number PA-12-0041) was filed by Mr. Puma with the City on February 2, 2012, to request to have live music inside The Bank daily from noon to 10:00 p.m. By letter dated February 28, 2012, the City, through the signature of Stuart Fisk, a Senior Planner with the City, provided an administrative approval of the second minor modification to the CUP application with final conditions of approval. The final conditions of approval included the following conditions:
11 Indoor 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.

F] ... F]
Regular hours of operations 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 8:00 a.m. to 10:00 p.m. On holidays (including Cinco De Mayo) the facility shall be allowed to close at midnight. The sale of alcoholic
beverages shall cease at 10 p.m. Monday -Thursday and
Sunday. 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. (As amended at Directors Hearing on 1/3/08).

Mr. Watson testified that the second minor modification of the CUP in 2012 changed the operating hours of The Bank back to those listed in the original CUP because the 2:00 a.m. operating hours were not included in the final conditions of the second minor modification of the CUP approved in 2012. Mr. Watson testified that the final conditions of the 2012 minor modification to the CUP superseded the first minor modification to the CUP in 2008. According to Mr. Watson, The Bank had 15 days to appeal the final conditions of the 2012 minor modification to the CUP from the February 28, 2012, date, but no such appeal was ever filed. Mr. Watson stressed that The Bank has never filed another minor or major modification to the CUP, and as a 12 result the 2012 minor modification of the CUP (PA-12-0041) with its final conditions provides the current operating hours allowed for The Bank.

23. Mr. Watson described the location of The Bank restaurant in Temecula, which is in the Old Town portion of Temecula, in the "center of town." He stated that the location of The Bank is "the premier commercial intersection in the City located half a block from City Hall." Old Town is a historic district of Temecula dating back to the 1800's. The Bank is located in a "mixed use" environment that is "walkable," and generally a tourist area with some offices, some residential homes, and 24 restaurants.

Old Town also includes a theater and history museum, and is a primary location for special events, and is a commercial and entertainment hub for Temecula.

24. Mr. Watson stated that he recommended that the CUP at issue in this matter be revoked because for more than one year The Bank had been violating the final conditions of the CUP with regard to operating hours, noise ordinance violations, and had a pattern of numerous assaults, batteries, drunkenness, disorderly conduct, and serious violent crime associated with The Bank. Mr. Watson first became aware that The Bank was violating the operating hours allowed in the CUP in the Summer of 2021 when the Temecula Police Department and Code Enforcement informed him of that violation. Mr. Watson stated that when the City first learned of The Bank's violation of its approved operation hours, the Code Enforcement team, Temecula Police Department, and Temecula Fire Department, all attempted to discuss the problem with the owners of The Bank to get voluntary compliance with the approved business hours. When the voluntary compliance from The Bank did not happen, the City then started issuing notices of violation, which happened for "some time" as an attempt to get The Bank to comply with required operating hours. When The Bank continued to violate the approved operating hours, the City then began issuing 13 administrative citations, which also continued for "some time." When The Bank continued to violate the approved operating hours, the City began issuing Civil Penalties up to $1,000 per day in an effort to get The Bank to comply. The City continued its efforts to get The Bank to comply with approved operating hours for over one year but was not successful. To date The Bank has not complied with the approved operating hours of the CUP, and The Bank has not submitted any application to modify the CUP to change its hours of operation. Zip Third has also not applied to modify the current CUP for any purpose.

25. Mr. Watson wrote a letter dated May 19, 2022, summarizing all of the citations and civil penalties issued against The Bank, and notifying The Bank of the City's intention to revoke the CUP based upon the violations of approved operating hours and approved hours for sale of alcohol, as well as violations of condition 28 (c) of the CUP that provides that the CUP holder must not allow the licensed premises to become a "disorderly house," meaning a licensed outlet (including the parking lot) that disturbs neighbors with noise and loud music, and/or has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics etc. Regarding the disorderly house allegations, the May 19, 2022, letter provided as follows:

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
14 approximately an hour after The Bank should have been closed for the evening, yet The Bank was still operating in violation of Condition 12 of PA12-0041. The former
employee and victim of the shooting had been involved in a physical altercation at The Bank months before the
shooting. According to the Riverside 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.

Mr. Watson sent this May 19, 2022, letter notifying that the City intends to revoke the CUP to CNC Puma, d.b.a. The Bank to their agent for service of process, Craig Puma, Amanda Moore, Maureen Licata, and to Zip Third at "attn: Norman S. Soloman" at the address of The Bank located in Temecula, CA. The May 19, 2022, letter was not sent to Norman Soloman at his Wilshire Blvd. address, which is the listed address for service of process for Zip Third.

26. Mr. Watson admitted that the May 19, 2022, letter was not sent to Normal Solomon at the listed address for the agent for service of process for Zip Third, which is Mr. Solomon's Wilshire Blvd. address. However, the May 19, 2022, letter was included as an attachment to the July 8, 2022, letter from Jennifer Petrusis to Norman Solomon notifying Zip Third of the City's intent to revoke the CUP. Additionally, Mr. Watson noted that on August 20, 2021, Tom Cole, a Field Supervisor from the City's Code Enforcement, sent a letter to Zip Third at the proper address for the agent for service of process at the Wilshire Blvd. address regarding The Bank's activities violating the TMC.
15 27. Mr. Watson stated that the approved hours of operation in the CUP were chosen in order to mitigate the negative impacts of the sale of distilled spirits alcohol.

He stated that the later the hours of operation, the worse the negative impacts of the sale of alcohol. Mr. Watson testified that most of the criminal activity in the vicinity of The Bank has occurred after The Bank was supposed to be closed pursuant to the approved operating hours of the CUP.

With regard to the criminal activity, in late 2020 the City established a Metro Team Plus to police the Old Town district, which included 10 sheriff's deputies, Code Enforcement officers, and Fire Department inspectors. The Metro Team Plus performs "sweeps" of the Old Town area and visits all businesses. As a result of the formation of the Metro Team Plus, voluminous information regarding the activities in the Old Town area have been collected. The Metro Team Plus reports back to the City and Mr. Watson on a weekly basis to provide information regarding those activities.

28. Mr. Watson described the criminal activity in the vicinity of The Bank that is a basis for the reason to revoke the CUP in this matter. He stated that there were two incidents of shootings that were particularly concerning. Specifically, in November 2021 in the parking lot adjacent to The Bank after The Bank was closed, a man was shot in the leg and survived. In January 2022, a former employee of The Bank was shot and killed on the doorstep of The Bank, and two other people were shot and seriously injured inside of The Bank. During the 17 years that Mr. Watson has worked for the City, he is aware of only four shootings total occurring in the City during that time. In addition to the shootings described above, there have been numerous fights and brawls in and near The Bank over the past year, including one incident occurring about one month prior to this hearing where at 2:00 a.m. in a parking lot the assailants in a fight were confronted by police and scattered. As a result of the assailant's scattering, 16 one person jumped over a fence and fell 50 feet breaking both of his legs. The Fire Department had to rescue that individual at the creek, which used considerable City assets. Furthermore, there have been numerous incidents of public intoxication, public urination, vomiting, and other "disorderly conduct that has been the hallmark of the operations of The Bank over the last year plus."
Mr. Watson stated that The Bank has been overserving alcohol to its patrons causing the public intoxication and other disorderly conduct issues. Additionally, he stated that many of the security personnel at The Bank were "not professionals," "not licensed," and were "instigating or escalating things." He stated that the Metro Team Plus police have witnessed numerous patrons being overserved alcohol at The Bank and coming out drunk and in some cases vomiting. All of these issues have created a violation of the CUP by being a "disorderly house."
79 Mr Watson also testified that The Bank has been violating the CUP with regard to noise violations. He stated that the CUP provides permission for The Bank to have "indoor dinner entertainment consisting of one keyboard or other instrument played with one vocalist for the purpose of background music" daily from noon until 10:00 p.m. However, The Bank has been having a D.J. with speakers pointed into the street intersection producing very loud and excessive noise that is beyond that permitted by both the CUP and by the City noise ordinances. This noise problem has created significant impacts to surrounding businesses, which have complained to the City. Multiple citations and civil penalties were issued to The Bank for these noise violations, but they continue to occur.

30. Mr. Watson stated that nobody from The Bank ever reached out to the City regarding the noise violations or crime. However, with regard to the operating hours, Craig Puma and Amanda Lane both contacted Mr. Watson about one year ago 17 by email asserting that the operating hours in the CUP were incorrect, and they requested that the operating hours be changed to allow The Bank to operate until 2:00 a.m. Mr. Watson had one conversation with each of them to explain the operating hours allowed by the applicable CUP, and that they must file a modification application to the CUP to change the approved operating hours to allow The Bank to remain open until 2:00 a.m. Notably, no person or entity on behalf of CNC Puma, d.b.a.

The Bank or Zip Third ever filed a modification application to make that change.

31. Mr. Watson stressed that since the Metro Team Plus has been established, these violations from The Bank have been brought to the attention of the City and numerous citations and civil penalties have been issued to The Bank.

However, other businesses in Old Town have also had violations resulting in citations and civil penalties. Mr. Watson stated that those businesses "are being addressed." He stressed that the City is not singling out The Bank for revocation of the CUP, as opposed to enforcing against other businesses. Mr. Watson admitted on cross- examination that in the past 10 years the City has not revoked any other CUP for a business.

32. Mr. Watson also stated that if the CUP is revoked, he is not sure if The Bank will comply because "they have not listened to the City yet." He stated that if the CUP is revoked, then the property will be governed by the specific city plan for Old Town, which allows for use as a restaurant with a type 41 alcohol license to sell beer and wine.

33. Mr. Watson also admitted on cross-examination that he never reached out to Zip Third in an effort to address the violations of the CUP and City ordinances committed by The Bank.
18 TESTIMONY OF TOM COLE

34. Tom Cole is currently employed as a Field Supervisor for the Code Enforcement department of the City. He has worked full-time for Code Enforcement in the City since 1997 and has been employed by the City since 1992. Since 1997 he worked as a Code Enforcement I officer, then as a Code Enforcement II officer, then as a Senior Code Enforcement officer, and finally in his current position as a Field Supervisor. His duties as a Field Supervisor include enforcement of the City's rules, regulations and municipal code to ensure proper property maintenance and quality of life issues for City residents. His duties have remained the same since 2012.

35. Mr. Cole explained that code enforcement cases in the City typically arise from a complaint, which is then verified by investigation. Thereafter, the City issues a notice of violation, such as a warning. If compliance is not obtained, then the City moves forward with issuing an administrative citation. If compliance is still not obtained the City then moves forward with issuing civil penalties. If compliance is still not obtained, then the matter is referred to the City attorney. He stated that an administrative citation has a smaller dollar amount for the fine, than does a civil penalty. The City instituted the civil penalties in order to obtain compliance for businesses that simply pay the lesser fines for the citations as a "price of doing business." Regardless, the citations and civil penalties are simply tools used by the City to get the business to comply.

36. Mr. Cole explained that the City Code Enforcement department does not patrol the streets for code violations, but instead the City "is reactive" and "responds to complaints only." He stated that the City is "seldom proactive," and as a result it is possible that an individual or business could be violating a CUP for a while before the Code Enforcement department would know about it.
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37. Mr. Cole is familiar with The Bank and has personally issued all of the citations and all of the civil penalties against The Bank at issue in this matter. Since March 2021 Mr. Cole has gone out with the Metro Team in Old Town every Friday and Saturday night and on each of those occasions has observed The Bank operating well beyond the hours of operation approved in the CUP. Mr. Cole has observed The Bank operating past 11:00 p.m. and serving alcohol to customers inside The Bank well past the approved operating hours. He has also observed customers of The Bank falling down from intoxication and vomiting. On two occasions he observed people trying to pick a fight with the Temecula Police officers after 11:00 p.m. Mr. Cole stated that the operating hours of The Bank first came to the attention of the Code Enforcement department because of a complaint from the Temecula Police Department. Mr. Cole first became aware of The Bank operating outside of its approved operating hours in the CUP in March 2021 when he began walking with police officers and observing the businesses in Old Town. Mr. Cole stated that most of the civil penalties and citations he issued to The Bank were for violations of the CUP's approved operating hours.

However, he also cited other violations, such as noise violations.

38. With regard to the noise violations, Mr. Cole explained that when he observed The Bank operating past the approved operating hours in the CUP, he also observed customers of The Bank drinking, and dancing to very loud music provided at The Bank by a live D.J., along with lights. Mr. Cole explained that the TMC provides that a permitted noise level for a business in Old Town is 70 decibels. During his visits to The Bank, Mr. Cole checked the noise level with a hand-held decibel reader, which is calibrated once per year. He would go to the adjacent property to The Bank and use the decibel reader to observe the sound levels emanating from The Bank. When the D.J. was observed playing after approved hours, Mr. Cole measured the decibel levels at 9S decibels on numerous occasions. He stated that he tried to be lenient when the 20 decibel reading was 80 decibels, but if the reading was 90 decibels or above, he would issue a citation to The Bank. Mr. Cole stated that he gave warnings to The Bank prior to issuing any citations for noise violations. Many of the citations issued by Mr. Cole to The Bank were simply paid by The Bank and were never appealed.

Mr. Cole testified that the last citation he issued for noise violations from The Bank was on July 3, 2021. He stated that on that day he spoke directly with the contracted D.J., as well as issued a personal citation to that D.J. for noise violations, and he requested that the D.J. resolve the noise issue. The following week the noise issue was resolved, and Mr. Cole has not had noise issues from The Bank on the weekend since that time. However, Mr. Cole thereafter started receiving noise complaints regarding The Bank on Sundays. Accordingly, Mr. Cole started going to The Bank on Sundays to monitor the noise levels. Mr. Cole issued two citations for those Sunday noise violations. According to Mr. Cole, "it took them a few weeks to realize that I went there on Sundays, but after they realized that, the noise abated."

39. Mr. Cole has had conversations with the manager of The Bank, Amanda Lane (previously Amanda Moore), on about five occasions over an 18-month period regarding The Bank's violations of the approved hours of operation in the CUP. During those conversations Ms. Lane has never informed Mr. Cole that she will comply with the permitted operating hours, and Mr. Cole continued to issue citations and civil penalties. Mr. Cole testified that The Bank has paid over $30,000 in fines for both citations and civil penalties to date, and approximately $150,000 of fines from the issued citations and civil penalties remains unpaid.

40. Mr. Cole has had approximately ten conversations with Craig Puma because Mr. Puma is on the Old Town Review Board. Of those ten conversations, only one of the conversations was regarding The Bank's violations of the approved 21 operating hours of the CUP, and it took place sometime between March and June of 2021. Mr. Cole described Mr. Puma as an "absentee owner" of The Bank because Mr. Cole never sees Mr. Puma at The Bank now but would previously see Mr. Puma there before Ms. Lane became manager. According to Mr. Cole, during that one conversation Mr. Puma disagreed with the City's interpretation of the approved operating hours in the CUP.

41. Mr. Cole has never had a conversation with anyone from Zip Third.

However, Mr. Cole did send a letter to Zip Third on August 20, 2021, by regular mail to the address he obtained from the California Secretary of State for the agent for service of process for Zip Third, which was Norman Solomon at the Wilshire Blvd. address.

Mr. Cole stated that he mistakenly addressed the letter to Norman Sullivan of Zip Third instead of Norman Solomon, but the letter was sent to the correct address and was clearly marked as being addressed to Zip Third. Mr. Cole never received a response to this letter, and he has never been contacted by anyone at Zip Third regarding the violations that occurred at The Bank.

Beginning on August 20, 2021, Mr. Cole also sent about 97 different civil penalty letters to Zip Third addressed to Norman Solomon at the Wilshire Blvd. address from the California Secretary of State by regular mail. None of those 97 civil penalty letters were returned to the City as undeliverable. Additionally, no person from Zip Third has ever reached out to Mr. Cole regarding those civil penalty letters.

TESTIMONY OF SERGEANT JOSHUA HEPHNER

42. Sergeant Joshua Hephner is currently employed by the Riverside County Sheriff's Department serving the City of Temecula. He explained that the sheriff's deputies serving the City of Temecula are commonly referred to as the Temecula 22 Police Department. Sergeant Hephner has been a peace officer since 2010 and has worked in the City since December 31, 2020. Sergeant Hephner worked from 2017 to 2020 for the Moreno Valley station in the gang enforcement unit and has been designated by California courts as a gang expert. Sergeant Hephner is currently assigned to the City's Metro Team policing the Old Town area, and he joined the Metro Team in October 2021. However, he has policed the Old Town area since he started working at the City.

43. Sergeant Hephner testified that "problems," such as fights, disturbances, driving under the influence (DUI), and overserving alcohol, began occurring "around the COVID pandemic." Specifically, he stated that a lot of other cities shut down their bars, restaurants and other night life because of COVID. The City opened up it bars, restaurants, and other night life sooner than most other cities resulting in an influx of people coming from outside the Temecula area into Old Town, which caused issues.

Sergeant Hephner stated that during that time Old Town received a large number of "a mix of people" from different areas and backgrounds, which resulted in arrests for fights, disturbances, public intoxication, DUI, and other crimes. In March 2021 the City formed the Metro Team, consisting of seven sheriff deputies and one sheriff corporal, as well as one motorcycle officer and one community service officer, to provide a safer environment for Old Town. He stated that the Metro Team would go out in Old Town on Wednesdays through Saturdays from 3:00 p.m. to 3:00 a.m. He testified that after 9:00 p.m. or 10:00 p.m. the Old Town area "morphs into a nightclub atmosphere."

44. Sergeant Hephner is familiar with The Bank because shortly after the Metro Team formed in March 2021, a former sergeant noticed problems related to overserving of alcohol at The Bank and resulting disturbances caused by fights, public intoxication etc. He stated that there were also complaints from citizens that the 23 security at The Bank was "heavy handed." Sergeant Hephner has personally observed the overserving of alcohol to customers at The Bank, as well as intoxicated customers becoming belligerent and starting fights, even leading up to a homicide.

Sergeant Hephner stated that there was one homicide that occurred on Sunday, January 9, 2022, at 10:40 p.m. at The Bank involving an ex -employee of The Bank, who had worked at The Bank as a security guard. The homicide was a shooting of that employee that occurred on the patio of The Bank, and at least three other individuals were also shot and injured. Sergeant Hephner was familiar with the individual killed on January 9, 2022, because he had interactions with that individual when he worked as a security guard at The Bank. Specifically, there was one incident when the individual killed on January 9, 2022, had violently assaulted a person on the dance floor of The Bank by hitting the person and making them unconscious requiring hospitalization.

Sergeant Hephner stated that the individual killed on January 9, 2022, had a criminal history and was on probation for a felony conviction at the time he worked at The Bank.

Sergeant Hephner testified that on January 13, 2022, there was a candlelight vigil outside of The Bank for the homicide victim, and Sergeant Hephner spoke to an individual at the vigil. That person gave Sergeant Hephner false information regarding his identity. Sergeant Hephner "figured out" who that person was and discovered that the person had a loaded gun inside a fanny pack on his person and had a prior felony conviction. The person was arrested for being a convicted felon in possession of a firearm. Sergeant Hephner stated that this type of proactive enforcement arrest potentially prevented another homicide.

Another shooting occurred in November 2021 when some patrons at The Bank were celebrating a birthday and got into a verbal altercation. The patrons walked 24 outside of The Bank about 50 to 100 feet onto the sidewalk, and the shooting occurred with the victim being taken to the hospital.

45. Sergeant Hephner has also witnessed a laundry list of incidents related to The Bank. He stated that when deputies stop individuals who ultimately get arrested for DUI, on many occasions they tell the deputies that they are coming from The Bank.

While those individuals arrested for DUI also come from other locations, many times they state that they were at The Bank prior to driving. Sergeant Hephner has observed several assaults per night happening in front of deputies and in front of The Bank.

Sergeant Hephner has also observed on many occasions the security guards at The Bank push individuals, who are fighting, away from The Bank and into the street in order to get them away from The Bank. He also frequently sees public intoxication either in front of The Bank or down the street from The Bank. When he arrests someone for public intoxication, he asks where they are coming from and frequently, they say The Bank. Most of the incidents he describes occur after 11:00 p.m. with the vast majority of those incidents occurring closer to midnight to 2:00 a.m. Sergeant Hephner has personally observed The Bank remain open after 11:00 p.m. every weekend.

46. Sergeant Hephner stated that he has had concerns regarding the security guards employed by The Bank because some of those security guards have criminal records, don't go through the proper procedures to obtain a license as a security guard, and were "antagonizing." Sergeant Hephner described an incident when deputies were investigating the November 2021 shooting on the sidewalk in front of The Bank. Specifically, one of the witnesses to the shooting was a security guard employed by The Bank and whom Amanda Lane only knew by the moniker "Venom" or "Virus." Ms. Lane either could not or would not give the deputies the real name of 25 the security guard. When deputies asked him for his real name, the security guard refused to give it to them, and the security guard was uncooperative with them.

Sergeant Hephner testified that when he hears of monikers like "Venom" or "Virus" the first thing that comes to mind are gang members who utilize such monikers, and he believes that the security guard was a gang member. He also testified that it is critical that the sheriff deputies get full cooperation from the businesses in Old Town when investigating crimes. Sergeant Hephner also stated that having security guards with criminal records tends to attract other people with criminal records to The Bank causing more problems.

TESTIMONY OF STUART FISK

47. Stuart Fisk is employed by the City as a Planning Manager, and in 2012 he worked for the City as a Senior Planner. Mr. Fisk was involved in the issuance of the 2012 minor modification application for the CUP at issue in this matter. Mr. Fisk was responsible for processing the approval documents for the 2012 minor modification application that ultimately resulted in the CUP applicable for The Bank today, and at issue in this hearing. Mr. Fisk testified that with regard to the CUP that sets forth the approved final conditions for the operation of The Bank, there was an initial CUP application in 2007, there was a minor modification application to that CUP in 2008, and there was a 2012 minor modification application to the CUP that was approved and set forth the approved conditions for operation that continue to be in effect today. Mr. Fisk stressed that there were no other modifications to the CUP at issue in this hearing. Mr. Fisk testified that in 2009 The Bank wanted to expand their ability to sell alcohol on their patio, which required a delineation of those areas by some type of railing. He stated that the City accomplished this request by modifying the development plan to show on the site plan for the property where the fencing would 26 go along Front Street. However, he stressed that this 2009 modification to the development plan was not a modification of the CUP and had nothing to do with the CUP.

48. Mr. Fisk stated that in 2012 Patrick Richardson was the Director of Planning for the City and was also Mr. Fisk's supervisor. Mr. Fisk noted that Mr. Richardson was responsible for approving or denying a minor modification to the CUP application by an administrative approval or denial. When Mr. Puma filed the 2012 minor modification to the CUP application, Mr. Fisk met with Mr. Richardson in Mr. Richardson's office to review the original CUP, the approved 2008 minor modification to the CUP, and the 2012 minor modification application. According to Mr. Fisk, Mr. Richardson was not comfortable with the change of the hours of operations as set forth in the approved 2008 minor modification to the CUP. Mr. Fisk stated that the 2008 minor modification application to the CUP was approved by a different Director of Planning for the City, a person who had the job prior to Mr. Richardson. Mr. Richardson expressly stated to Mr. Fisk that he would approve the 2012 minor modification application only if the hours of operations for The Bank was set back to that provided in the original 2007 CUP. Mr. Richardson instructed Mr. Fisk to change the approved hours of operation for The Bank to what was set forth in the original 2007 CUP, and Mr. Fisk did so himself. Mr. Fisk stressed that the approved conditions for the 2012 minor modification of the CUP were not accidental or any sort of clerical error but were instead purposely selected. Mr. Fisk testified that Mr. Richardson told him that Mr. Richardson had been in touch with Mr. Puma regarding the 2012 minor modification application, but Mr. Richardson did not tell Mr. Fisk the nature or substance of those communications. 27 49. When the final 2012 minor modification application to the CUP was approved by the City, Mr. Fisk provided Mr. Puma with the approval letter, as well as the attached final conditions of approval, which included the hours of operation being reverted back to what they were in the original 2007 CUP. Neither Mr. Puma nor anyone from The Bank ever contested the conditions of approval for that 2012 minor modification to the CUP application.

TESTIMONY OF JOHN CARRINGTON

50. John Carrington is currently employed as a private investigator and was retained by the City to perform an undercover investigation of The Bank.

Mr. Carrington has been to The Bank on one occasion on July 10, 2022, which was a Sunday, to perform the undercover investigation. He arrived at The Bank at 7:15 p.m. and went inside The Bank at about 8:00 p.m. Mr. Carrington stayed at The Bank until about 11:00 p.m. that day and when he left The Bank was still operating.

Mr. Carrington noted that he saw The Bank sell six shots of tequila to a patron that night at 10:39 p.m. During the time Mr. Carrington was at The Bank he purchased three alcoholic beverages including one shot of tequila at 10:03 p.m. Mr. Carrington testified that there was a D.J. playing music at The ,Bank that night.

51. At about 11:00 p.m. Mr. Carrington went outside of The Bank with the intention of taking decibel readings with his iPhone and then returning to The Bank for further observation. However, when he went outside, he was approached by two individuals, whom he recognized as security guards from The Bank. He knew that these two individuals were security guards from The Bank because he saw them inside The Bank wearing security shirts. According to Mr. Carrington, the two individuals threatened to "beat him up" if he did not give them his mobile phone. The security guards accused him of taking photographs inside The Bank and demanded to see his :1

iPhone. Mr. Carrington refused to give his phone to the two individuals. After this interaction Mr. Carrington did not enter The Bank again. However, he did take four different decibel readings of the noise outside of The Bank with his iPhone with the highest readings being 87, 83 and 80 decibels. Mr. Carrington stated that he plays in a band and frequently utilizes this particular application on his iPhone to take decibel readings. Mr. Carrington finally left the area of The Bank at about 11:25 p.m.

52. At the time Mr. Carrington left The Bank at 11:25 p.m., The Bank was still operating and selling alcohol.

TESTIMONY OF JEFFREY BRIAN LETOURNEAU

53. Jeffrey LeTourneau is currently employed as a private investigator and was retained by the City to conduct an undercover investigation at The Bank.

Mr. LeTourneau was tasked by the City to go to The Bank to monitor the hours of operation and the noise levels outside of The Bank during operation. Mr. LeTourneau went to The Bank on three occasions, namely on July 13, 2022, on July 20, 2022, and on July 27, 2022. On July 13, 2022, he arrived at The Bank with his partner at 7:30 p.m. for an event called "Quality Dance Party," which he described as a "toned down drag show," where the performers were lip syncing along with speakers playing music near the dance floor. The event ended at about 11:50 p.m. that night. Mr. LeTourneau walked out of The Bank on July 13, 2022, to go across the street to take a noise reading, and he and his partner ultimately left The Bank that night at 12:20 a.m. Mr.

LaTourneau stated that The Bank closed operations that night at midnight. He stated that The Bank continued to serve alcohol to customers after 10:00 p.m. that night, and Mr. LaTourneau purchased two beers at The Bank after 10:00 p.m. that night. r%s]

On July 20, 2022, Mr. LaTourneau and his partner went to The Bank at 7:15 p.m. for a drag show and they ultimately left The Bank at 12:50 a.m. The live entertainment that night at The Bank was a drag show with lip syncing performers utilizing recorded music with speakers. The drag show that night lasted from 9:15 p.m. to 10:45 p.m. On July 20, 2022, The Bank stopped its operations at 12:35 a.m. The Bank continued to serve alcohol'to its customers on July 20, 2022, after 10:00 p.m. and Mr. LaTourneau purchased two beers after 10:00 p.m. that evening.

On July 27, 2022, Mr. LaTourneau arrived at The Bank at 8:15 p.m. and left The Bank that night at 12:15 a.m. The entertainment at The Bank that evening were two male dance performers with recorded music. The entertainment that evening at The Bank started at 10:45 p.m. and ended at 11:30 p.m. The Bank closed its operations that night at 12:15 a.m. The Bank served alcohol to customers that night after 10:00 p.m. and Mr. LaTourneau purchased beers that evening from The Bank after 10:00 p.m.

The Bank's Evidence

54. CNC Puma, d.b.a. The Bank, presented two witnesses at the hearing. The following factual findings are based on their testimony and related documents received in evidence.

TESTIMONY OF CRAIG PUMA

55. Craig Puma is part owner of CNC Puma, d.b.a. The Bank. Mr. Puma stated that CNC Puma, is a corporation started in 2007 by himself for purpose of the ownership and operation of The Bank, and that CNC stands for Craig and Cristy Puma.

Christy Puma is now Craig Puma's ex-wife, but at that time was his wife. Mr. Puma was originally the president of CNC Puma, but he is now a board member. Mr. Puma no longer has any involvement in the day-to-day operations of The Bank other than as a 30 consultant when his assistance is needed. Mr. Puma was actively involved in the day- to-day operations of The Bank up to the time Mr. Puma and his now ex-wife sold a partial ownership interest in CNC Puma to Amanda Lane and Ryan Parent on February 27, 2020.

56. Mr. Puma was also a member of the Old Town local review board appointed by the Temecula mayor for nine years. Mr. Puma worked with the Director of Planning for the City for nine years during that time.

57. Mr. Puma is the person who filed the original 2007 CUP application, the 2008 minor modification application to the CUP, and the 2012 minor modification application to the CUP for The Bank. Mr. Puma filed the 2007 CUP application in order to upgrade from a type 41 alcohol license (which allows beer and wine sales) to a type 47 alcohol license (which allows for sale of beer, wine, and distilled spirits). The type 41 and 47 alcohol licenses are issued by the State agency of Alcohol Beverage Control (ABC) and not the City.

58. After the 2007 CUP was approved by the City with the final conditions including that the hours of operation as set forth above, Mr. Puma thereafter in 2008 filed a minor modification application to the CUP to request that the hours of operation of The Bank be extended to 2:00 a.m. with last call for alcohol at 1:30 a.m.

The 2008 minor modification application to the CUP was approved within a week or two and was "not real complicated." Mr. Puma understood that the 2008 minor modification to the CUP allowed The Bank to operate until 2:00 a.m.

59. Mr. Puma thereafter went into the City and filed the 2012 minor modification application to the CUP to request background music for lunch and dinner crowds at The Bank. Mr. Puma testified that he submitted the 2012 minor modification 31 application, paid the $300 fee for the application, and a couple of days later Mr. Puma received the approval for the 2012 minor modification application. Mr. Puma testified that there was no discussion with anyone at the City regarding the operating hours of The Bank at the time he filed the 2012 minor modification application. When Mr. Puma received the approval for 2012 minor modification application for the CUP, he "saw that it had the addition of music," and he kept a copy of the approval at the bar of The Bank. Mr. Puma testified that at the time he received that approval it was his understanding that he still had approval to operate The Bank until 2:00 a.m. Mr. Puma testified that he did not "catch it" that the 2012 minor modification approved hours had changed back to that of the original 2007 CUP. Mr. Puma testified at the hearing, "it was obvious to me that the City made an honest mistake [on the 2012 minor modification approval] and copied and pasted the wrong CUP — the 2007 CUP and not the 2008 CUP — and I did not catch it at the time." Mr. Puma stated that he believes that the City staff mistakenly copied and pasted the operating hours from the 2007 CUP into the 2012 minor modification to the CUP instead of using the proper 2008 minor modification to obtain those hours.

Mr. Puma stated that he did not read the 2012 minor modification application of the CUP approved terms, and he did not ever request an appeal of the approved terms of that 2012 minor modification. He also never submitted another minor modification application to modify the CUP.

60. After the 2012 minor modification to the CUP was approved, Mr. Puma continued to operate The Bank up to 2:00 a.m. because he understood that he had approval to do so. Mr. Puma continued to operate The Bank until 2:00 a.m. until he sold a portion of CNC Puma in February 2020. During that time frame, Mr. Puma operated The Bank until 2:00 a.m. He stated that sometimes he would close The Bank 32 at 1:00 a.m. because he was "getting a crowd" he did not want because most of those people were getting kicked out of other places. However, he mostly stayed open until 2:00 a.m. on the weekends during that period of time with no complaints from the City regarding those hours of operation.

61. In early 2021 Amanda Lane, part owner and the current manager of The Bank, called Mr. Puma and asked about the approved hours of operation in the CUP.

Mr. Puma told her that a copy of the 2012 minor modification approval of the CUP was at the bar of The Bank. Ms. Lane told Mr. Puma that "they did a cleaning and threw it away because they did not know what it was." Ms. Lane told Mr. Puma that the City had contacted her about the approved operating hours. In an effort to obtain clarification, Mr. Puma emailed Luke Watson in February 2021 requesting clarification of the approved operating hours for The Bank. In the email, Mr. Puma wrote, in part, as follows:

In 2012 we applied for a Minor Mod to allow us to have
indoor music. At that time, I believe and [sic] error was made and the hours were taken from the original
Conditions, requiring we close at 10pm during the week
and 11 pm on Friday and Saturday except for Cinco De
Mayo and other holidays. We continued to stay open until tam since. For a brief period, in 2016, I believe, Christy and I made the decision to close at lam. Last call was at 12:30am.

That was our choice due to the town getting a bit crazy after lam. We have never been told to close before tam
and we have always been responsible business owners.... 33 Mr. Puma testified that Mr. Watson responded by providing the currently approved operating hours in the 2012 minor modification to the CUP. Mr. Puma then reached out to ABC to obtain a copy of the 2008 minor modification to the CUP showing that the approved hours at that time were until 2:00 a.m. Mr. Puma testified that he was trying to work with the City to "fix the issue" because the operating hours in the current CUP "were obviously wrong because we never discussed any change to the operating hours." On March 3, 2021, Mr. Puma emailed a copy of the 2008 minor modification to the CUP to Mr. Watson with the statement, "I'm not sure why you don't have these conditions in the file for The Bank, but here's a copy for you." Mr. Puma admitted that he has had no further communications with the City regarding the approved operating hours for The Bank since this email.

62. Mr. Puma admitted on cross-examination that he is aware that CNC Puma has paid the City thousands of dollars in fines for the citations discussed above.

However, he also admitted that he has never appealed any of those citations, but believed that Ms. Lane was doing so because she told him she was "fighting the citations." However, he also admitted that he was not aware of exactly what Ms. Lane was doing to "fight the citations." He stated he is not aware of any person submitting an appeal document to the City for any of the citations or civil penalties.

63. With regard to the use of a D.J. as entertainment at The Bank, Mr. Puma testified that he did not believe he needed a modification to the CUP to have a D.J. because he does not believe that a D.J. is live entertainment and is instead just a recording. With regard to drag shows, Mr. Puma stated that he believes a drag show complies with the approved condition of the 2012 CUP approving indoor music with one instrument and one vocalist because it is "indoor live entertainment." He admitted 34 that the live entertainment was approved to happen during dinner, and he simply stated that drag shows are "not his thing."

64. Mr. Puma admitted that he never talked to Norman Solomon or anyone else from Zip Third about the citations or civil penalties discussed above. Mr. Puma testified that the last conversation he had with Norman Solomon was to inform him that Mr. Puma would be moving out of the country, and that Ms. Lane and Ryan Parent would be dealing with the day-to-day operations of The Bank and would be communicating with Mr. Solomon.

65. Mr. Puma testified that he is aware that CNC Puma filed for Chapter 11 bankruptcy sometime after February 2020. He was not aware of exactly when or the specifics because "that was done by Amanda and Ryan."

TESTIMONY OF AMANDA NICOLE LANE

66. Amanda Lane, formally known as Amanda Moore, is one of the owners of CNC Puma, d.b.a. The Bank, acts as the President and C.E.O. of CNC Puma, d.b.a. The Bank, and is the day-to-day manager of The Bank. She has held these positions since February 27, 2020, when she and Ryan Parent took partial ownership of CNC Puma, d.b.a. The Bank. Ms. Lane testified that there are currently four owners of CNC Puma, d.b.a. The Bank, namely herself, Craig Puma, Christy Puma, and Ryan Parent. Her duties are oversight of all operations of the restaurant, including scheduling employee hours, managing payroll for employees, all administrative duties, interacting with the community and law enforcement, even bussing tables. Ms. Lane generally has an on - site presence at The Bank during almost all operating hours. Ms. Lane and Ryan Parent took a partial ownership in CNC Puma, d.b.a. The Bank, on February 27, 2020, and two - and -a -half weeks later the COVID pandemic forced them to shut down the restaurant. 35 The year 2020 was devastating financially to the business. At the end of 2020, The Bank again was operating as it had previously until 2:00 a.m.

67. Ms. Lane described The Bank as a bar and restaurant serving Mexican food. The Bank is closed on Mondays, but is open at 11:00 a.m. on Tuesdays through Fridays, and opens at 9:00 a.m. on Saturdays and Sundays. On Fridays and Saturdays, The Bank typically closes at 2:00 a.m., and on Sunday The Bank closes sometime between 10:00 p.m. and 12:00 a.m. depending on the amount of business. During the hours of operation, and particularly during the evening hours on Friday and Saturday nights, Ms. Lane is normally located outside The Bank at the corner where she can see inside the restaurant and can watch the people coming into The Bank to ensure those people are not drunk. During Friday and Saturday nights, there is lots of foot traffic and road traffic near The Bank, and "people are bouncing from one place to another." She stated that people tend to visit multiple establishments in one evening. Ms. Lane stated that the location of The Bank is at the busiest intersection in Old Town and "everything goes through that intersection." There is no designated parking for The Bank.

Ms. Lane stated that on Friday and Saturday nights, there is lots of activity around The Bank, including people going to dinner at different restaurants, groups of people looking for a place to go, bachelorette parties, homeless people, intoxicated people, and people driving and "running stop signs." Ms. Lane supervises all employees at The Bank, including the security guards. She stated that now the security guards at The Bank are licensed. However, she admitted on cross-examination that only since July 31, 2022, have all the security guards at The Bank been wearing clothing as required by City ordinances. She also admitted that in the past year -and -a - half not all the security guards working at The Bank have been licensed as security 36 guards. Ms. Lane testified that it was not required that the security guards be licensed.

She also admitted that she did not obtain any criminal background checks on the security guards and "bouncers" who worked at The Bank, because that was not required. Ms. Lane admitted that she did not know if any of her current or former security guards have criminal convictions.

68. Ms. Lane also supervised the bartenders at The Bank and stated that all bartenders at The Bank are certified with the liquor certification from ABC. Ms. Lane also trains the bartenders and provides "pour test training" to ensure that they are pouring the correct amount of alcohol for a drink. She also instructs bartenders that they cannot overserve customers such that the customer will become drunk. If a bartender feels that a customer is impaired, they can stop serving alcohol to the customer and can also have the customer thrown out of The Bank. Ms. Lane stated that most customers at The Bank have been at other bars and restaurants in Old Town already, and it can sometimes be difficult to know how much alcohol those customers have consumed prior to coming to The Bank.

69. Ms. Lane stated during her testimony that since the end of 2020, The Bank has had a live D.J. performing at The Bank on the weekends. She stated that the D.J. typically starts performing anywhere from 2:00 p.m. to 9:00 p.m. and will perform up until 1:00 a.m. depending on the day.

70. Ms. Lane testified that when she is working outside of The Bank that she and her security guards look for individuals trying to enter The Bank who are intoxicated, stumbling or stuttering, or those who "are looking for trouble." She stated that she "screens people" entering The Bank and she, as well as the security guards, will deny access to The Bank to anyone who appears to be drunk or looking to cause trouble. Ms. Lane stated that she denies entry to people trying to enter The Bank 37 numerous times on each of Friday, Saturday, and Sunday nights. Additionally, Ms. Lane walks through the inside of The Bank once every 30 minutes, and if someone is showing signs of impairment and looks like they will "cause problems" she has a security guard escort that person out of The Bank. Ms. Lane stated that she makes many phone calls to the Temecula Police while she is working outside The Bank at the front door because she can see in every direction in Old Town from her location. She stated that she sees fights, DUI's, people vomiting, people "passing out" and falling because of being drunk, and people urinating in the parking lot. Ms. Lane insisted during her testimony that none of these people she observes were associated with The Bank or "had anything to do with The Bank." Ms. Lane knows half of the police officers who patrol Old Town by first name, and she has numerous personal mobile phone numbers of those officers. She stated that she calls the police frequently on Friday and Saturday nights for various problems in Old Town, but she stated, "most of my calls to police have nothing to do with our restaurant."

71. With regard to the shooting in January 2022 at The Bank where a person was killed, Ms. Lane testified that there was nothing that The Bank could have done to prevent a 22-year-old person from entering the property and shooting people. The person who was killed was a "former bouncer" at The Bank and had been fired from his job about six to eight months prior to the shooting. At the time of the shooting, the person killed worked at another restaurant down the street from The Bank. After this shooting, The Bank complied and cooperated with all requests from the Temecula police.

72. With regard to the shooting that occurred in November 2021 near The Bank, Ms. Lane was the individual who called 911 because of that shooting. She stated that the shooting happened after 1:00 a.m. and she heard the gunshot. A bouncer at t:

The Bank told Ms. Lane he heard the gunshot and saw the flash from the gun. She stated that she cooperated with the police investigation regarding that shooting, and that the police determined that the shooter never went into The Bank. Ms. Lane stated that there was a bouncer who had worked at The Bank on the night of the November 2021 shooting who had the nickname, Virus. According to Ms. Lane, Virus was an artist and Virus was "his artistic name." Virus worked at The Bank only for about three to four months. On the night of the November 2021 shooting, Sergeant Hephner informed Ms. Lane that Virus refused to cooperate with the police investigation of the shooting and would not provide his real name. As a result of learning this information, Ms. Lane fired Virus from his job at The Bank. Ms. Lane stated that she has one other employee who "goes by a moniker" and that person is known as Eagle. She explained that Eagle is a Native American and his father gave him that nickname.

73. Ms. Lane testified that many of the police calls made for incidents around The Bank were not caused by customers of The Bank, and many of the police calls in the area were from other businesses in the area. Ms. Lane obtained a log of calls for service from the Riverside Sheriff's Department for Old Town through a records request. She discussed many of the calls logged on that report.

74. At the time Ms. Lane and Ryan Parent purchased a portion of CNC Puma, d.b.a. The Bank, Ms. Lane understood that the allowed operating hours for The Bank were from 8:00 a.m. to 2:00 a.m. Prior to purchasing The Bank, Ms. Lane had been there many times and stayed up to 2:00 a.m. when The Bank was operating. In February or March 2021, Ms. Lane received the first warning citation from the City for being open past approved hours. Ms. Lane contacted Mr. Cole, the individual who writes citations, regarding the warning. She stated that Mr. Cole "did not have a lot of information." Ms. Lane then went to City Hall and requested "all the CUPS" for The 39 Bank. She stated that the City only provided her with the original 2007 CUP and the 2012 minor modification to the CUP, but not the 2008 minor modification to the CUP.

She stated that she asked for the 2008 CUP because Mr. Puma told her it existed.

Eventually, Ms. Lane obtained the 2008 minor modification to the CUP from Mr. Puma.

Ms. Lane sent an email on March 11, 2021, to Brad Landon, the agent for service of process for CNC Puma, d.b.a. The Bank, with the attached 2012 minor modification to the CUP with the following comment:

This is where music was added and the tam time was left out (I think is [sic] was just an error on the city's part).

Ms. Lane then forwarded that email in September 25, 2021, to a fire marshal for the City in an effort to get clarification. Ms. Lane stated that after she did so she "thought things were still in limbo." Ms. Lane stated that she thought there were many errors in the 2012 minor modification of the CUP and she "wanted them corrected," but primarily the operating hours issue. Ms. Lane stated that she never applied for a minor modification to the 2012 CUP to get approved hours of operation of up to 2:00 a.m. because "I complied with the 2008 CUP, and there was no reason to do so." Ms. Lane admitted that she has been closing The Bank at 2:00 a.m., and she continues to do so.

She stated that if she did not operate until 2:00 a.m., then The Bank would be insolvent in 30 days. She stated that most of the money made at The Bank happens from midnight to 2:00 a.m.

75. Ms. Lane admitted that she paid over $15,000 in fines associated with citations and civil penalties issued by the City for The Bank operating beyond approved hours. She admitted that The Bank continued to receive citations and civil penalties with fines for that reason with fines totaling well over $100,000. She stated that she was a new business and did not want to make an enemy of the City so they ,X

just paid the fines. Ms. Lane admitted that she, and no person from The Bank, ever appealed the citations or civil penalties. Instead, she stated that "I figured once [the City] figured it out that they would refund the money."

76. In July 2021 Ms. Lane contacted David Pinkerton, a person she believed at the time was the property owner of the land where The Bank sits, to inform him of the multiple citations received by the City. Ms. Lane stated that in 2021 she had only two contact numbers, one was for David Pinkerton and another was for Sean Pinkerton, and she believed that both of those individuals worked for Zip Third, the property owner. However, David Pinkerton in fact worked for a company named Metro Resources, which is a property management company hired by Zip Third. Ms. Lane stated that Mr. Pinkerton never told her that he would do anything about the citations or civil penalties, but that Mr. Pinkerton was aware that the City was citing and fining The Bank for operating outside of approved business hours.

It was not until June or July 2022 that Ms. Lane first had a conversation with Norman Solomon of Zip Third regarding any citations or civil penalties issued by the City to The Bank. Ms. Lane stated that at that time she had a long phone call with Mr. Solomon to "go over the citations," and "what was going on with the bankruptcy case." This was the first phone call or other communication that Ms. Lane had with Mr. Solomon. Ms. Lane has never read the lease agreement between The Bank and Zip Third, other than portions that were sent to her recently from Mr. Solomon regarding her obligation to provide notices to Zip Third.

Zip Third's Evidence

77. Zip Third presented two witnesses at the hearing. The following factual findings are based upon their testimony and related documents received in evidence. 41 TESTIMONY OF NORMAN SOLOMON

78. Norman Solomon is the manager of Zip Third, a company that "has no employees." Mr. Solomon testified that Zip Third purchased the property where The Bank sits in 2016 from the estate of Maureen Licata. Mr. Solomon is 76 years of age and has worked in real estate development and management for over 40 years.

Mr. Solomon owns over 100 properties and is involved in close to 100 limited liability companies. Mr. Solomon buys properties both as an individual, with partners, and as a limited liability company. Mr. Solomon owns multiple properties in Old Town, including several on the same block as The Bank. Mr. Solomon owns nine different properties in the City and has owned properties in the City for over 10 years. The City has never complained to Mr. Solomon about any of his properties, other than The Bank. Mr. Solomon testified that the main office for Zip Third is on Wilshire Blvd. in Los Angeles. However, Mr. Solomon has not been to that location regularly since March 2020 when the COVID pandemic began.

79. Mr. Solomon first learned of the City's intention to revoke the CUP in this matter on July 1, 2022, when he received a telephone call from Jennifer Petrusis.

Mr. Solomon "was stunned" and informed her that he knew nothing about any violations of the CUP by The Bank. Ms. Petrusis told Mr. Solomon that a hearing in this matter was already being scheduled, and Mr. Solomon asked for additional time so he could investigate. After this phone call, Ms. Petrusis sent the May 19, 2022, letter from Mr. Watson regarding the City's intention to revoke the CUP to Mr. Solomon. The next communication Mr. Solomon had with Ms. Petrusis was on July 5, 2022, and again Mr. Solomon asked for additional time to obtain an attorney familiar with the City. He told Ms. Petrusis he wanted to work in a productive way to resolve the issues. 42 80. Mr. Solomon testified that "his office" first found out about the City's citations and civil penalties for The Bank in March 2022. After Mr. Solomon got a phone call from Jennifer Petrusis on July 1, 2022, he contacted his office to ask if there had been any correspondence from the City regarding the citations and civil penalties, and he was told yes. He asked for the office to collect all communications and put in one file. Mr. Solomon stated that the earliest communication from the City in that file was postmarked March 7, 2022. Mr. Solomon stated that the office only had 16 violation letters contained in eight envelopes. Mr. Solomon denied ever seeing the August 2021 letter from Mr. Cole regarding the violations.

81. In July 2022 after speaking to Ms. Petrusis, Mr. Solomon had multiple phone calls with Ms. Lane to investigate the matter. According to Mr. Solomon, Ms. Lane told him that The Bank was not violating the CUP, but that the City had made a clerical error on the 2012 minor modification of the CUP and she was "working to resolve it." Mr. Solomon stated that prior to learning about the violations of the CUP, he never had any issues with Ms. Lane and she paid her rent on time and was generally helpful. Mr. Solomon had also never received any complaints from any other businesses in Old Town regarding The Bank, so he had no reason to believe any of the issues listed in the citations and civil penalties were happening. Mr. Solomon asked Ms. Lane multiple times to comply with the hours of operation as approved in the 2012 CUP, but Ms. Lane told him that The Bank would "go under" if she did that.

82. After his conversation with Ms. Petrusis, Mr. Solomon also contacted David Pinkerton, the property manager, to discuss the issues. Mr. Solomon learned that Mr. Pinkerton had received notice of citations and civil penalties beginning in March 2022. Mr. Pinkerton also told him that Ms. Lane informed him of the citations and civil penalties, and Mr. Pinkerton believed that Ms. Lane was "taking care of it." 43 83. Mr. Solomon stated that he did not learn that CNC Puma, d.b.a. The Bank, was in bankruptcy proceedings until July 2022 when he learned about the City's intention to revoke the CUP. Mr. Solomon stated that he had to retain a bankruptcy attorney to get relief from the automatic stay in order to begin the process of an unlawful detainer against The Bank in order to resolve the City's issues. According to Mr. Solomon, The Bank had previously filed another bankruptcy in 2019 or 2020 because The Bank was behind in their rent payments. At that time Mr. Solomon had hired a bankruptcy attorney to get relief to file an unlawful detainer action against The Bank. However, that bankruptcy was ultimately dismissed, and Ms. Lane and Ryan Parent paid all back rent in August 2020. The Bank has been up to date with its rent payments ever since and is currently up to date. Mr. Solomon stated that now that the bankruptcy case filed by The Bank has been dismissed as of late August 2022, he is now in the process of obtaining an attorney to file an unlawful detainer against The Bank.

84. Mr. Solomon testified that he has a custom and practice of maintaining a good relationship with the City and its officials. Mr. Solomon stated that he was one of the founding members of the Old Town Business Association and helped to write its by-laws. If Mr. Solomon had proper notice of the citations and civil penalties issued against The Bank at the time they were issued, he would have immediately contacted Mr. Cole and tried to arrange a meeting with the City Manager to discuss the issues.

After he received a phone call from Ms. Petrusis, Mr. Solomon immediately requested a meeting with the City Manager of the City, but the City Manager declined to meet with him. Mr. Solomon believes that if the CUP is revoked, The Bank will continue violating the CUP until Mr. Solomon evicts The Bank from the property. He believes this based on his conversation with Ms. Lane. Mr. Solomon stated that if the CUP is revoked, the value of the property will decrease. He also believes that he has not been 44 treated fairly by the City because his notice of these issues was insufficient for him to properly address them prior to the revocation hearing. Mr. Solomon stated he has never had this level of difficulty with any government entity.

TESTIMONY OF LAZARO FERNANDEZ

85. Lazaro Fernandez is an attorney specializing in bankruptcy law. He has been in private practice as an attorney since July 1989 and has handled thousands of bankruptcy cases. Mr. Fernandez was hired by Zip Third in late July or early August of 2022 to file a motion to convert the bankruptcy of CNC Puma, d.b.a. The Bank, from a Chapter 11 bankruptcy to a Chapter 7 bankruptcy, and to obtain relief from the automatic stay. Mr. Fernandez has filed two applications in the bankruptcy court regarding those issues and obtained hearings for those applications.

86. Mr. Fernandez explained that while The Bank is in bankruptcy, Zip Third is prevented from filing an unlawful detainer to evict The Bank. Mr. Fernandez appeared in bankruptcy court regarding the two applications referenced above. The bankruptcy court thereafter issued an order on August 23, 2022, which was received in evidence, dismissing the Chapter 11 bankruptcy all together, thereby rendering moot the motion for relief from the automatic stay. As a result, Zip Third is no longer prevented from initiating a unlawful detainer action against The Bank.

The Parties' Arguments

87. The City argues that it has met its burden to establish that CNC Puma, d.b.a. The Bank, has violated the CUP's approved operating hours, as well as the live entertainment provision of the CUP, and has become a disorderly house as prohibited in the applicable CUP. The City also argues that it has provided sufficient notice of 45 these violations to both CNC Puma, d.b.a. The Bank, and to Zip Third. Accordingly, pursuant to TMC section 17.03.085, the City requests revocation of the CUP.

88. CNC Puma, d.b.a. The Bank, argues that operating hours as set forth in the 2012 minor modification of the CUP are erroneous and not valid because the City simply, erroneously, and carelessly, copied and pasted the operating hours from the 2007 CUP into the 2012 CUP without consideration of the 2008 minor modification to the CUP. Accordingly, CNC Puma, d.b.a. The Bank, argues that the approved operating hours in the 2012 minor modification to the CUP are not applicable and the 2008 minor modification to the CUP is applicable. CNC Puma, d.b.a. The Bank, also argues that the City's evidence regarding the "disorderly house" issue is insufficient to establish that The Bank was responsible for all the issues in Old Town regarding fighting, public intoxication, and other issues constituting a disorderly house. With regard to noise issues, CNC Puma, d.b.a. The Bank, argues that the evidence establishes that the noise issue was resolved in July 2021. However, CNC Puma, d.b.a.

The Bank, failed to make any argument regarding the alleged violation of the CUP by having live entertainment beyond that approved.

Additionally, CNC Puma, d.b.a. The Bank, also argues that the City failed to do anything to enforce the 2012 CUP approved operating hours violations by The Bank for over nine years, essentially arguing that the doctrine of laches prevents the revocation of the CUP.

89. Zip Third argues that the City failed to provide proper notice to Zip Third regarding The Bank's violation of the 2012 minor modification of the CUP, and because of that "even should the ALJ revoke or modify as to The Bank, it should not revoke or modify as to Zip Third" because Zip Third has done nothing to support the CUP revocation and Zip Third is not responsible for The Bank's operations. Zip Third

also argues that the City failed to provide proper notice regarding the citations and civil penalties to Zip Third because the City did not send those notices by certified mail to Zip Third pursuant to TMC Section 1.21.050 (13).

LEGAL CONCLUSIONS
Burden and Standard of Proof

1. The Zoning Regulations regarding Conditional Use Permits in the City of Temecula are contained in Title 17 of the Temecula Municipal Code. Title 17.030.085 of the Temecula Municipal Code governs the revocation or modification of CUPS, including the procedure for appeal and public hearing. Pursuant to TMC Section

17.03.085 (A)(4), at the hearing of an appeal "[t]he 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."

2. "Clear and convincing evidence" requires a high probability of the existence of the disputed fact, greater than proof by a preponderance of the evidence.

Evidence of a charge is clear and convincing as long as there is a high probability that the charge is true. (People v. Mabini (2001) 92 Cal.AppAth 654, 662.) Applicable TMC Sections

3. Title 17.030.085 (A)(1)(a) of the TMC provides:

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
47 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.

4. Title 17.030.085 (A)(1)(b) of the TMC provides that 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, and a hearing regarding the revocation of a CUP "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."

5. Title 17.030.085 (A)(5) of the TMC provides:

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. Title 17.030.085 (A)(7) of the Temecula Municipal Code provides:

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 EUS

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.

Evaluation

7. The City has established by clear and convincing evidence that the approved conditions of the 2012 minor modification to the CUP are applicable in this matter, as opposed to the 2008 minor modification to the CUP. The City has also established by clear and convincing evidence that CNC Puma, d.b.a. The Bank, has violated condition 12 of the 2012 CUP by continuously operating outside of the approved hours of operation; has violated condition 12 of the 2012 CUP by selling alcohol to customers at hours beyond that permitted by the 2012 CUP; has violated condition 9 of the CUP by having live entertainment of a D.J. at The Bank, which is beyond the live entertainment permitted in the 2012 CUP; and violated condition 28 c. for becoming a disorderly house.
50 APPROVED CONDITIONS OF THE 2012 MINOR MODIFICATION TO THE CUP

8. CNC Puma, d.b.a. The Bank's, argument that the 2008 Minor Modification to the CUP is the applicable CUP setting approved final conditions is unpersuasive. The City established by clear and convincing evidence, through the testimony of Luke Watson and others that the final conditions of approval in the 2012 minor modification to the CUP are those conditions that are applicable for The Bank's hours of operation and otherwise. Mr. Puma and Ms. Lane's testimony that the City simply "made a mistake" by copying the approved operating hours from the 2007 CUP was not persuasive, particularly in light of the credible testimony of Stuart Fisk, who explained that the change in those operational hours in the 2012 minor modification to the CUP was purposeful and intentional by the City. Notably, when he received the approval for the 2012 minor modification to the CUP, Mr. Puma did not read them or ever appeal those approved operating hours, which would have been the proper avenue to assert such a mistake on the part of the City. Furthermore, despite over a year of citations and civil penalties for operating outside of those approved hours, Ms. Lane (or any person from The Bank) never appealed or challenged the asserted approved operating hours to the City. Instead, Ms. Lane simply paid the fines. If she believed that the approved operational hours were incorrect, then her recourse would have been to appeal the citations. Additionally, never during this process did either Mr. Puma, or any owner of CNC Puma, d.b.a. The Bank, ever apply for another minor modification to the CUP to correct the hours of operation to those they believed were correct. The inaction of any owner of The Bank to address the issue of the approved operating hours undercuts their argument that the approved operating hours of the 2012 minor modification to the CUP are applicable in this matter. 51 THE BANKS VIOLATIONS OF THE 2012 MINOR MODIFICATION TO THE CUP

9. The City established by clear and convincing evidence that CNC Puma, d.b.a. The Bank, frequently and continuously violated the approved conditions of the 2012 minor modification to the CUP. Specifically, both Ms. Lane and Mr. Puma admitted that they operated The Bank until 2:00 a.m., with service of alcohol well after 10:00 p.m., which is well beyond the allowable 11:00 p.m. operation time and 10:00 p.m. approved time to serve alcohol, because they both mistakenly believed they were entitled to do so under the approved conditions. Their mistaken beliefs do not absolve them from their violations. Additionally, both Mr. Puma and Ms. Lane asserted that a live D.J. with recorded music and speakers, as well as a drag show do not violate condition 9 of the 2012 CUP. Their assertion was unpersuasive. A live D.J. is a form of live entertainment, and so is a drag show, and both of those forms of entertainment go well beyond one vocalist and one instrument to be used during lunch and dinner.

Indeed, the D.J. performed up until 1:00 a.m., which is obviously after dinner.

10. Finally, with regard to condition 28 c. of the 2012 minor modification to the CUP related to a disorderly house, Sergeant Hephner's testimony regarding activities at and around The Bank was credible and persuasive and established that The Bank had become a disorderly house, which is defined as "disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti etc." or that "has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc." The City established by clear and convincing evidence that The Bank created loud noise beyond that allowed by the City's TMC with outdoor speakers and a D.J.; The Bank had many ongoing crimes including a murder that occurred at The Bank's patio, and many fights and incidents of public intoxication. Ms. Lane's assertion S2

that those things were happening around The Bank, but were not caused by The Bank, was simply unpersuasive.

THE DOCTRINE OF LACHES DOES NOT APPLY

11. CNC Puma, d.b.a. The Bank, asserted that the City failed to take any action against The Bank's failure to abide by the operating hours set forth in the 2012 CUP for over nine years, which appears to be an argument that the doctrine of laches applies to prevent the City from either revoking the CUP or enforcing the operating hours of the 2012 CUP. "The defense of laches requires unreasonable delay plus either acquiescence in the act about which plaintiff complains or prejudice to the defendant resulting from the delay." (Feduniak v. California Coastal Com. (2007) 148 Cal.App.4tn 1346, 1381.) In this case there is no evidence that the City knew that The Bank was operating outside of the approved operating hours in the 2012 CUP until 2021 when it began issuing citations. Specifically, testimony from Mr. Cole established that the City was not aware of those violations until 2021. Accordingly, the doctrine of laches does not apply in this matter.

NOTIFICATION TO ZIP THIRD

12. Zip Third's argument that the City should be prevented from revoking the CUP because Zip Third was provided with insufficient notice regarding the citations and civil penalties in this matter is unpersuasive. Specifically, the issue in this matter is whether Zip Third was provided sufficient notice regarding the City's intention to revoke the CUP, and not whether Zip Third was provided sufficient notice of the underlying citations and civil penalties. However, the City established by clear and convincing evidence that Zip Third had received some notice regarding those citations and civil penalties at least as early as August 2021, because Mr. Cole sent both a letter 53 in August 2021 to Mr. Solomon at his Wilshire Blvd. address, as well as sent copies of 72 different civil penalty letters to Mr. Solomon at his Wilshire Blvd. address as early as August 2021. Mr. Solomon claimed that he did not receive these documents. However, he also admitted that he simply did not go to his office where those letters were sent during that time because of COVID. Accordingly, the City provided sufficient notice to Mr. Solomon regarding the violations of the CUP by The Bank.

13. Zip Third also argues that the City has been unfair to Zip Third because the City refuses to "work with them" to address The Bank's violations. However, the TMC does not require the City to work with the property owner, but the TMC does provide a mechanism by which the City may revoke the CUP if repeated violations have been established pursuant to TMC Section 17.03.085. The City has met its obligations under the TMC for revocation of the CUP in this case, and the City has no obligation to "work with" the property owner otherwise. While Mr. Solomon credibly testified that the City's revocation of the CUP will not stop the continued violations by The Bank, and that eviction of The Bank will do so. The only issue for determination in this hearing is whether the City has met its clear and convincing burden to establish that conditions of approval of the CUP have been violated and revocation of the CUP is appropriate under these circumstances and it has done so.

14. Zip Third's argument that the CUP should be revoked with regard to CNC Puma, d.b.a. The Bank, and not with regard to Zip Third is also unpersuasive. Nothing in the TMC provides any authority by which such a revocation with regard to a tenant but not with regard to an owner is possible. Instead, the TMC simply sets forth the procedure by which the CUP may be revoked in total.
54 ORDER
The 2012 Minor Modification to the CUP, as well as the original 2007 CUP and the 2008 Minor Modification to the CUP, issued to CNC Puma, d.b.a. The Bank, and to Zip Third Investments, L.L.C. are revoked.

DATE: October 19, 2022 ,Debra D. Nye-Tei-kihd
DEBRA D. NYE-PERKINS
Administrative Law Judge
Office of Administrative Hearings
55 DECLARATION OF SERVICE

CITY OF TEMECULA

RIVERSIDE COUNTY

STATE OF CALIFORNIA
Case Name: The Bank
OAH No.: 2022051021
I, Erika Ramirez, declare as follows: I am a citizen of the United States, a resident of Riverside County, and I am over 18 years of age. I am employed by the City of Temecula. My business address is 41000 Main Street, Temecula, California 92590. On October 31, 2022, 1 served a true copy of the following document in the action entitled above:

ADMINISTRATIVE LAW JUDGE, OFFICE OF ADMINISTRATIVE HEARINGS (OAH) PROPOSED DECISION IN THE MATTER OF THE REVOCATION OF CONDITIONAL USE PERMIT OF:

THE BANK, RESPONDENT AND ZIP THIRD INVESTMENTS, LLC, RESPONDENT to each of the person(s) named below at the addresses listed after each name by the following method(s) Brad Landon
Agent for Service of Process
CNC Puma Corporation
27555 Ynez Road, Suite 110
Temecula, CA 92591
VIA US Mail
Jennifer Petrusis
Richards Watson Gershon, LLP
350 South Grand Ave., 37th Floor
Los Angeles, CA 90071
email: ipetrusis(5),rolaw.com
email: mgreerCcD-rwglaw.com
VIA Email (E-service)
Craig Puma
28645 Old Town Front Street
Temecula, CA 92590
email: cpumayiC7gmail.com
VIA Email (E-service)
Norman S. Solomon
Agent for Service of Process
Zip Third Investments, LLC
3055 Wilshire Boulevard, No. 1010
Los Angeles, California 90010
email: norm (a), metro-resou rces. co m
VIA US Mail and Email (E-service)
Alcoholic Beverage Control
3737 Main Street, Suite 900
Riverside, CA 92501
email: Riverside cY abc.ca.gov
VIA Email (E-service)
Amanda Moore
The Bank
28645 Old Town Front Street
Temecula, CA 92590
email: my5kidsmama(@,gmail.com
VIA US Mail and Email (E-service)
Elizabeth L. Marlyn
Cole Huber LLP
2855 E. Guasti Road, Suite 402
Ontario, CA 91761
email: martynlaw2000aaol.com
email: tsherman colehuber.com
VIA US Mail and Email (E-service)
J. Luke Hendrix
Law Offices of J. Luke Hendrix
28465 Old Town Front St., Suite 212
Temecula, CA 92590
email: luke jlhlawoffices.com
VIA US Mail and Email (E-service)
Thomas J. Callaway
Law Offices of Thomas J. Callaway
43537 Ridge Park Drive
Temecula, CA 92590
email: tomcallawayOverizon.net
VIA US Mail and Email (E-service)
I declare under penalty of perjury under the laws of tate f ni tha the foregoing is true and correct.

Date 1013 ► 1„2 00.a
E e rk

PLANNING COMMISSION — PUBLIC HEARING — CONDITIONAL USE PERMIT

REVOCATION FOR THE BANK
INDEX
#

DOCUMENT

BATE STAMP
PAGE
1 OAH - Proposed Decision
0002 - 0056
2 City of Temecula - Notice of Public Hearing
0058
3 City of Temecula - Closing Argument
0060 - 0066
4 City of Temecula - Exhibits 1 through 14 (admitted)
0068 - 0338
5 City of Temecula - Rebuttal Closing Argument
0340 -0348
6 CNC Puma Corporation, Amanda Moore, The Bank —
0350 - 0357
Closing Statement
7 CNC Puma Corporation's - The Bank — Notice of Filing of 0359 - 0600
Exhibits — Exhibits A — Q
8 CNC Puma Corporation's Timeline of Events
0602 - 0605
9 Respondent - Exhibit LL — Correspondence Regarding
0608 - 0623
Hearing Dates (admitted)
10 Respondent - Exhibit PP — Bankruptcy Court Filings
0626 - 0668
(admitted)
11 Respondent - Exhibit HHH — CNC Bankruptcy Dismissal
0671 - 0673
Order (admitted)
12 Zip Third Investment, LLC — Closing Argument
0676 - 0703
13 Zip Third Investment, LLC — Request to Continue Hearing 0706 - 0713
Date to October 6 and October 7
14 Declaration of Elizabeth Martyn in Support of Request for 0716 - 0962
Continuance and Exhibits Hereto
15 City of Temecula's Opposition to Zip Third Investments, 0965 - 1103
LLC's Request to Continue Hearing Date to October 6 and October 7
16 OAH Judge's Order Denying Property Owner's Motion for 1106 - 1110
Continuance and Motion for a Prehearing Conference - Zip Third Investments, LLC's
17 08-31-2022 Transcript of Hearing — Volume 1
1112 - 1355
18 09-01-2022 Transcript of Hearing — Volume II
1357 - 1637
19 OAH Witness/Exhibit List Only
1639 - 1641
20 Proposed Resolution Affirming the Decision of
1643 - 1645
Administrative Law Judge Revoking the Conditional Use
Permit Offered by Attorney Jennifer Petrusis of Richards Watson Gershon

#1
0001

BEFORE THE

OFFICE OF ADMINISTRATIVE HEARINGS

STATE OF CALIFORNIA
In the Matter of the Revocation of Conditional Use Permit of:

THE BANK, Respondent
and
ZIPTHIRD INVESTMENTS, L.L.C., Respondent
OAH No. 2022051021

PROPOSED DECISION
Debra D. Nye -Perkins, Administrative Law Judge, Office of Administrative Hearings (OAH), State of California, heard this matter by videoconference and by telephone on August 31, 2022, and on September 1, 2022.

Jennifer Petrusis, Attorney at Law, represented complainant, the City of Temecula (the City).

Thomas J. Callaway, Attorney at Law, represented respondent CNC Puma Corporation (CNC Puma), owner of The Bank (The Bank), a restaurant operating at 28645 Old Town Front Street, Temecula, California (the subject property) and tenant of the subject property.
0002

Elizabeth L. Martyn and Richard Edwards, Attorneys at Law, represented respondent Zip Third Investments, L.L.C. (Zip Third), owner of the subject property.' Oral and documentary evidence was received. The record remained open to allow the parties to submit written closing arguments, and the matter was closed and submitted for decision on September 19, 2022.

FACTUAL FINDINGS
Jurisdictional Matters and Background

1. In November 2007 CNC Puma submitted an application to the City for a Minor Conditional Use Permit (CUP) on behalf of The Bank for the purpose of "to upgrade to a type 47 liquor license." The CUP application was signed by Craig Puma on behalf of CNC Puma, d.b.a. The Bank, as well as the property owner at that time named Maureen Licata.

2. On January 3, 2008, the Director of Planning for the City approved the CUP application to upgrade from a Type 41 Alcohol Beverage Control (ABC) license ' At hearing the City asserted that Zip Third Investments, L.L.C., as the owner of the property at issue in this hearing, and CNC Puma Corp., the owner of The Bank, a restaurant leasing the subject property on which it operates, both have an interest in the Conditional Use Permit (CUP) at issue in this hearing. Because the CUP transfers with the property and because the CUP controls the operation of The Bank, both Zip Third Investments, L.L.C. and CNC Puma Corp. are permit holders and respondents in this matter.

Fill �1111

(on -sale beer and wine — eating place) to a Type 47 ABC license (on -sale, general) authorizing the sale of beer, wine, and distilled spirits at The Bank subject to conditions of approval.

Those conditions of approval included the following: (1) the applicant and owner of the real property agreed to indemnify the City for any actions arising from the CUP; (2) licensees may not permit the premises to become a disorderly house, which is defined as a premises that "disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc. and/or has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc., and the licensed premises includes the parking lot."; and (3) regular hours of operations shall be as follows: Monday through Thursday 11:00 a.m. to 10:00 p.m., Friday 11:00 a.m. to 11:00 p.m., Saturday 8:00 a.m. to 11:00 p.m., Sunday 8:00 a.m. to 10:00 p.m. On holidays the facility shall be allowed to close at midnight. The sale of alcoholic beverages shall cease at 10:00 p.m. Monday through Thursday and Sunday. The sale of alcoholic beverages shall cease at 11:00 p.m. on Fridays and Saturdays. The consumption of alcohol shall cease no later than one hour after closing.

3. On October 9, 2008, Craig Puma on behalf of CNC Puma, d.b.a. The Bank, as well as Maureen Licata as property owner, signed and submitted a minor modification to the CUP application to the City requesting a modification to the CUP "to extend hours to California law, according to ABC service until 2:00 a.m." meaning to request modification of the conditions to allow The Bank to serve alcohol on all days until 2:00 a.m.

4. On October 15, 2008, the City's planning department approved the minor modification to the CUP allowing service of alcohol on all days until 2:00 a.m. with C1IC., IZI

conditions, including that last call for service of alcohol shall occur at 1:30 a.m., and all other previous conditions of approval shall apply.

5. On February 27, 2012, Craig Puma on behalf of CNC Puma, d.b.a. The Bank, as well as Maureen Licata as property owner, signed and submitted a minor modification to the CUP application to the City requesting "the addition of a one person musical addition inside for background music (daily noon to 10 p.m.)."

6. On February 28, 2012, the City notified Craig Puma on behalf of CNC Puma, d.b.a. The Bank by letter signed by Stuart Fisk, Senior Planner, that the 2012 minor modification to the CUP application was approved and attached the Final Conditions of Approval to the letter. The Final Conditions of Approval included the following requirements: (1) indoor dinner entertainment consisting of one keyboard or other instrument played with one vocalist for the purpose of providing background music as permitted daily from noon until 10:00 p.m.; (2) regular hours of operations shall be as follows: Monday through Thursday 11:00 a.m. to 10:00 p.m., Friday 11:00 a.m. to 11:00 p.m., Saturday 8:00 a.m. to 11:00 p.m., Sunday 8:00 a.m. to 10:00 p.m. On holidays the facility shall be allowed to close at midnight. The sale of alcoholic beverages shall cease at 10:00 p.m. Monday through Thursday and Sunday.

The sale of alcoholic beverages shall cease at 11:00 p.m. on Fridays and Saturdays. The consumption of alcohol shall cease no later than one hour after closing.

7. As detailed more below, beginning in March 2021, the City issued numerous citations to CNC Puma, d.b.a. The Bank for various violations of the Temecula Municipal Code (TMC), including for violating approved operational hours beyond 11:00 p.m., having excessive noise levels including with outside speakers over allowed noise levels, and failing to have a CUP for amplified music and live entertainment. The last citation was issued in July 2021. 1 11

8. Beginning in July 2021, the City issued numerous Civil Penalty Notice and Orders to CNC Puma, d.b.a. The Bank for violations of the TMC related to the CUP in place for violations as detailed below. The last Civil Penalty Notice and Order was issued by the City on August 20, 2022.

9. On August 20, 2021, Tom Cole, Field Supervisor — Code Enforcement for the City, sent a letter to Zip Third, "attn: Norman S. Sullivan" at the address for service of process listed with the California Secretary of State for Zip Third on Wilshire Blvd. in Los Angeles, California. The letter provided, in part, as follows:

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 opened beyond the permissible operating
time of 11:00 p.m. The City of Temecula Code Enforcement has been issuing, and will continue to issue, civil penalties for these violations.

10. By letter dated May 19, 2022, Luke Watson, Deputy City Manager for the City, notified CNC Puma, The Bank, and Amanda Moore, who is an officer of CNC Puma and manager of The Bank, that the City intended to revoke the CUP for the subject property based upon numerous violations of the CUP, citations, and civil penalties issued. The May 19, 2022, letter was carbon copied to owner of the subject property "Norman Sullivan" of Zip Third at the same address as the subject property in Temecula, but not to the address for service of process as listed by the California Secretary of State for Zip Third, which was on Wilshire Blvd. in Los Angeles. The May 19, 2022, letter was also carbon copied to "Maureen Licata" as the property owner.

C1IC., 1I.1

11. On July 8, 2022, Jennifer Petrusis, counsel for the City, wrote a letter to Norman Solomon of Zip Third at that Wilshire Blvd. address in Los Angeles. The letter stated that Ms. Petrusis spoke with Mr. Solomon by telephone on July 1, 2022, regarding the City's intentions to revoke the CUP for the subject property because of the ongoing violations of the CUP as set forth in the numerous citations and civil penalties issued to The Bank. The letter also stated that Ms. Petrusis emailed a copy of the May 19, 2022, Notification letter from Deputy City Manager Watson. The July 1, 2022, telephone call was the first notification given to Zip Third that the City was moving forward to revoke the CUP.

12. On May 31, 2022, the City filed a request to set this hearing with the Office of Administrative Hearings, which included as the respondent The Bank, with notification to CNC Puma. However, the City failed to list Zip Third as a respondent, and provided no indication on the filing that Zip Third was notified of the request to set the hearing. As noted above, the first notice Zip Third received regarding this hearing for revocation of the CUP was the July 1, 2022, telephone call with Norman Solomon.

Violations of the CUP, Citations, and Civil Penalties Issued

13. The City has issued 34 separate citations to The Bank over a five -month period beginning on March 5, 2021, with the last citation issued on July 24, 2021. Each of the citations were for violation of the permitted operating hours, with The Bank consistently operating past 11:00 p.m. on Friday and Saturday nights and selling alcoholic beverages to patrons after 11:00 p.m. on Friday and Saturday nights; as well as having excessive noise levels including with outside speakers over allowed noise levels, and failing to have a CUP for amplified music and live entertainment. The first citation issued on March 5, 2021, assessed a $50 penalty for the violations, the second 11ICI11N

citation issued on March 6, 2021, assessed a $150 penalty for the violations, seven of the citations assessed a $250 penalty for the violations, one citation assessed a $300 penalty for the violations, one citation assessed a $400 penalty for the violations, and two citations assessed a $500 penalty for the violations. Respondent The Bank paid the City for the first 13 citations for total payments of $3,650, and paid an additional four citations (one citation dated May 7, 2021, for $250; another dated May 8, 2021, for $500; another dated July 2, 2021, for $500; and a final dated July 3, 2021, for $500) for total payments of $1,750. Accordingly, The Bank paid the City $5,400 for those 17 citations, but the remaining 18 citations were not paid by The Bank and remain delinquent. Of the 18 unpaid citations, 11 of those each assessed a penalty of $500, and the remaining seven of the unpaid citations each assessed a penalty of $250, for a total of $7,250 of unpaid assessments for the violations in those citations. None of these citations were contested by CNC Puma, d.b.a. The Bank.

14. The City has issued 109 Civil Penalty Notice and Order letters to CNC Puma, d.b.a. The Bank for the continuing violations of the CUP as set forth in each of the 34 citations discussed above. The first Civil Penalty Notice and Order was issued on July 27, 2021, and assessed a fine of $500 for the continued violations with daily accrual of civil penalties of $2,500 per day for any continued violations. The second Civil Penalty Notice and Order was issued on July 30, 2021, and assessed a fine of $750 for the continued violations with daily accrual of civil penalties of $2,500 per day for any continued violations. The third Civil Penalty Notice and Order was also issued on July 30, 2021, and assessed a fine of $500 for the continued violations with daily accrual of civil penalties of $2,500 per day for any continued violations. The eighth Civil Penalty Notice and Order was issued on August 8, 2021, and assessed a fine of $500 for the continued violations with daily accrual of civil penalties of $2,500 per day for any continued violations. All of the remaining 105 Civil Penalty Notice and Order

letters issued to The Bank assessed a fine of $1,000 each. According to the May 19, 2022, letter from Deputy City Manager Watson, The Bank paid the first 42 issued Civil Penalty Notice and Order fines totaling $40,250 with the remaining 67 Civil Penalty Notice and Order fines being unpaid and delinquent for a total of $67,000. However, only four of the 109 Civil Penalty Notice and Order documents indicate on their face that they have been paid, which would mean the total of fines paid is $3,500, with a remaining 105 Civil Penalty Notice and Order fines totaling $103,750 remaining unpaid and delinquent, which is consistent with the testimony of witnesses at the hearing.

None of the Civil Penalty Notice and Orders were contested by The Bank.

The City's Evidence

15. The City presented six witnesses at the hearing. The following factual findings are based on their testimony and related documents received in evidence.

TESTIMONY OF LUKE WATSON

16. Luke Watson is currently employed by the City as the Deputy City Manager, a position he has held for about one year. Mr. Watson is also currently employed by the City as the Planning Director, a position he has held since 2015. His duties as the Deputy City Manager include the administration of all operations of the City. His duties as the Planning Director include oversight of Code enforcement, building safety, housing, and other duties. Mr. Watson has been an employee of the City since 2006 in various roles, including as Management Assistant, Analyst, Senior Planner, Community Development Director, Planning Director, and Deputy City Manager.

17. Mr. Watson explained that a CUP is a permit that must be acquired for a specific commercial use of property in the City for which there is potential for specific 111C. Olt]

impacts that need to be addressed by the City. For example, a restaurant located in a properly zoned area for restaurant use does not need a CUP to operate. However, if that restaurant wants to add a liquor license to its operation, then a CUP is needed because of the potential impacts of the liquor license on the City. A CUP has specific conditions of approval that must be met for the specific commercial use of the property, which include requirements on that specific commercial use that the City has imposed to mitigate the impact of the commercial use. Those requirements may be specific hours of operation, entertainment parameters, or other limitations.

18. Mr. Watson further explained that the CUP application process requires that the CUP applicant, usually the business owner, as well as the property owner, sign the CUP application and submit it to the City. Thereafter, the City staff and the applicant "go back and forth over a few weeks" to "work through the specific conditions that need to be addressed in the permit." During this "back and forth" period, the applicant has an opportunity to challenge the conditions of approval. Once the applicant agrees to the conditions to be placed on the CUP, then the application will be addressed at a public hearing to be approved by the City. If the applicant is still not satisfied with the conditions to be placed on the CUP, the applicant can address that at the public hearing. After the City approves the CUP and its conditions at a public hearing, the applicant can still appeal that decision within 15 days of that approval as set forth in TMC 17.03.090.

19. Mr. Watson testified that the process to modify an existing CUP is similar to the original application to obtain a CUP. However, a minor modification to a CUP application does not require a public hearing. Instead, for a minor modification to a CUP, the City staff may approve the minor modification by administrative approval. If a major modification to a CUP is needed, then a public hearing may be required.

20. Mr. Watson testified about the specific CUP at issue in this matter. The original CUP application (application number PA-07-0314) was filed by Craig Puma on behalf of The Bank in 2007 and signed by the owner of the property at that time, Maureen Licata. The original CUP application sought to upgrade from a type 41 alcohol license (which allows for the sale of beer and wine at a restaurant) to a type 47 liquor license (which allows for the sale of beer, wine, and distilled spirits). The City had a public hearing regarding this original CUP application and thereafter granted the CUP application on January 3, 2008, with conditions of approval. Those conditions included condition number 13 that provides:

Regular hours of operations 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 8:00 a.m. to 10:00 p.m. On holidays (including Cinco De Mayo) the facility shall be allowed to close at midnight. The sale of alcoholic
beverages shall cease at 10 p.m. Monday -Thursday and
Sunday. 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. (As amended at Directors Hearing on 1 /3/08).

Craig Puma signed the "Acceptance of Conditions of Approval" for the original CUP on January 16, 2008.

21. Mr. Watson stated that after the issuance of the original CUP, Craig Puma, on behalf of The Bank, applied for two different modifications to the CUP. The 0011

first minor modification application (application number PA-08-0236) was filed on October 9, 2008, for a request to extend the operating hours for the sale and consumption of alcohol for The Bank until 2:00 a.m. On October 15, 2008, the City approved the minor modification to the CUP with conditions by an administrative approval from the City staff. The final conditions of approval for the minor modification included the following:

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.

In the case that the restaurant manager would like to stay open past the regular hours of operation (stated above) he/she may be permitted to stay open until 2:00 a.m. When this occurs, alcoholic beverages may be served until
2:00 a.m. as consistent with the provisions of California State Law.
"Last call" for alcohol service shall occur at 1:30 a.m. as consistent with California State Law.

22. The second minor modification to the CUP application (application number PA-12-0041) was filed by Mr. Puma with the City on February 2, 2012, to request to have live music inside The Bank daily from noon to 10:00 p.m. By letter dated February 28, 2012, the City, through the signature of Stuart Fisk, a Senior Planner with the City, provided an administrative approval of the second minor modification to the CUP application with final conditions of approval. The final conditions of approval included the following conditions:
0012

Indoor 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.
171 ... P]
Regular hours of operations 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 8:00 a.m. to 10:00 p.m. On holidays (including Cinco De Mayo) the facility shall be allowed to close at midnight. The sale of alcoholic
beverages shall cease at 10 p.m. Monday -Thursday and
Sunday. 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. (As amended at Directors Hearing on 1/3/08).

Mr. Watson testified that the second minor modification of the CUP in 2012 changed the operating hours of The Bank back to those listed in the original CUP because the 2:00 a.m. operating hours were not included in the final conditions of the second minor modification of the CUP approved in 2012. Mr. Watson testified that the final conditions of the 2012 minor modification to the CUP superseded the first minor modification to the CUP in 2008. According to Mr. Watson, The Bank had 15 days to appeal the final conditions of the 2012 minor modification to the CUP from the February 28, 2012, date, but no such appeal was ever filed. Mr. Watson stressed that The Bank has never filed another minor or major modification to the CUP, and as a 0013

result the 2012 minor modification of the CUP (PA-12-0041) with its final conditions provides the current operating hours allowed for The Bank.

23. Mr. Watson described the location of The Bank restaurant in Temecula, which is in the Old Town portion of Temecula, in the "center of town." He stated that the location of The Bank is "the premier commercial intersection in the City located half a block from City Hall." Old Town is a historic district of Temecula dating back to the 1800's. The Bank is located in a "mixed use" environment that is "walkable," and generally a tourist area with some offices, some residential homes, and 24 restaurants.

Old Town also includes a theater and history museum, and is a primary location for special events, and is a commercial and entertainment hub for Temecula.

24. Mr. Watson stated that he recommended that the CUP at issue in this matter be revoked because for more than one year The Bank had been violating the final conditions of the CUP with regard to operating hours, noise ordinance violations, and had a pattern of numerous assaults, batteries, drunkenness, disorderly conduct, and serious violent crime associated with The Bank. Mr. Watson first became aware that The Bank was violating the operating hours allowed in the CUP in the Summer of 2021 when the Temecula Police Department and Code Enforcement informed him of that violation. Mr. Watson stated that when the City first learned of The Bank's violation of its approved operation hours, the Code Enforcement team, Temecula Police Department, and Temecula Fire Department, all attempted to discuss the problem with the owners of The Bank to get voluntary compliance with the approved business hours. When the voluntary compliance from The Bank did not happen, the City then started issuing notices of violation, which happened for "some time" as an attempt to get The Bank to comply with required operating hours. When The Bank continued to violate the approved operating hours, the City then began issuing

CIVIL I

administrative citations, which also continued for "some time." When The Bank continued to violate the approved operating hours, the City began issuing Civil Penalties up to $1,000 per day in an effort to get The Bank to comply. The City continued its efforts to get The Bank to comply with approved operating hours for over one year but was not successful. To date The Bank has not complied with the approved operating hours of the CUP, and The Bank has not submitted any application to modify the CUP to change its hours of operation. Zip Third has also not applied to modify the current CUP for any purpose.

25. Mr. Watson wrote a letter dated May 19, 2022, summarizing all of the citations and civil penalties issued against The Bank, and notifying The Bank of the City's intention to revoke the CUP based upon the violations of approved operating hours and approved hours for sale of alcohol, as well as violations of condition 28 (c) of the CUP that provides that the CUP holder must not allow the licensed premises to become a "disorderly house," meaning a licensed outlet (including the parking lot) that disturbs neighbors with noise and loud music, and/or has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics etc. Regarding the disorderly house allegations, the May 19, 2022, letter provided as follows:

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
0045

approximately an hour after The Bank should have been
closed for the evening, yet The Bank was still operating in violation of Condition 12 of PA12-0041. The former
employee and victim of the shooting had been involved in a physical altercation at The Bank months before the
shooting. According to the Riverside 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.

Mr. Watson sent this May 19, 2022, letter notifying that the City intends to revoke the CUP to CNC Puma, d.b.a. The Bank to their agent for service of process, Craig Puma, Amanda Moore, Maureen Licata, and to Zip Third at "attn: Norman S. Soloman" at the address of The Bank located in Temecula, CA. The May 19, 2022, letter was not sent to Norman Soloman at his Wilshire Blvd. address, which is the listed address for service of process for Zip Third.

26. Mr. Watson admitted that the May 19, 2022, letter was not sent to Normal Solomon at the listed address for the agent for service of process for Zip Third, which is Mr. Solomon's Wilshire Blvd. address. However, the May 19, 2022, letter was included as an attachment to the July 8, 2022, letter from Jennifer Petrusis to Norman Solomon notifying Zip Third of the City's intent to revoke the CUP. Additionally, Mr. Watson noted that on August 20, 2021, Tom Cole, a Field Supervisor from the City's Code Enforcement, sent a letter to Zip Third at the proper address for the agent for service of process at the Wilshire Blvd. address regarding The Bank's activities violating the TMC.
0016

27. Mr. Watson stated that the approved hours of operation in the CUP were chosen in order to mitigate the negative impacts of the sale of distilled spirits alcohol.

He stated that the later the hours of operation, the worse the negative impacts of the sale of alcohol. Mr. Watson testified that most of the criminal activity in the vicinity of The Bank has occurred after The Bank was supposed to be closed pursuant to the approved operating hours of the CUP.

With regard to the criminal activity, in late 2020 the City established a Metro Team Plus to police the Old Town district, which included 10 sheriff's deputies, Code Enforcement officers, and Fire Department inspectors. The Metro Team Plus performs "sweeps" of the Old Town area and visits all businesses. As a result of the formation of the Metro Team Plus, voluminous information regarding the activities in the Old Town area have been collected. The Metro Team Plus reports back to the City and Mr. Watson on a weekly basis to provide information regarding those activities.

28. Mr. Watson described the criminal activity in the vicinity of The Bank that is a basis for the reason to revoke the CUP in this matter. He stated that there were two incidents of shootings that were particularly concerning. Specifically, in November 2021 in the parking lot adjacent to The Bank after The Bank was closed, a man was shot in the leg and survived. In January 2022, a former employee of The Bank was shot and killed on the doorstep of The Bank, and two other people were shot and seriously injured inside of The Bank. During the 17 years that Mr. Watson has worked for the City, he is aware of only four shootings total occurring in the City during that time. In addition to the shootings described above, there have been numerous fights and brawls in and near The Bank over the past year, including one incident occurring about one month prior to this hearing where at 2:00 a.m. in a parking lot the assailants in a fight were confronted by police and scattered. As a result of the assailant's scattering, 11111 tJ

one person jumped over a fence and fell 50 feet breaking both of his legs. The Fire Department had to rescue that individual at the creek, which used considerable City assets. Furthermore, there have been numerous incidents of public intoxication, public urination, vomiting, and other "disorderly conduct that has been the hallmark of the operations of The Bank over the last year plus."
Mr. Watson stated that The Bank has been overserving alcohol to its patrons causing the public intoxication and other disorderly conduct issues. Additionally, he stated that many of the security personnel at The Bank were "not professionals," "not licensed," and were "instigating or escalating things." He stated that the Metro Team Plus police have witnessed numerous patrons being overserved alcohol at The Bank and coming out drunk and in some cases vomiting. All of these issues have created a violation of the CUP by being a "disorderly house."

29. Mr. Watson also testified that The Bank has been violating the CUP with regard to noise violations. He stated that the CUP provides permission for The Bank to have "indoor dinner entertainment consisting of one keyboard or other instrument played with one vocalist for the purpose of background music" daily from noon until 10:00 p.m. However, The Bank has been having a D.J. with speakers pointed into the street intersection producing very loud and excessive noise that is beyond that permitted by both the CUP and by the City noise ordinances. This noise problem has created significant impacts to surrounding businesses, which have complained to the City. Multiple citations and civil penalties were issued to The Bank for these noise violations, but they continue to occur.

30. Mr. Watson stated that nobody from The Bank ever reached out to the City regarding the noise violations or crime. However, with regard to the operating hours, Craig Puma and Amanda Lane both contacted Mr. Watson about one year ago

by email asserting that the operating hours in the CUP were incorrect, and they requested that the operating hours be changed to allow The Bank to operate until 2:00 a.m. Mr. Watson had one conversation with each of them to explain the operating hours allowed by the applicable CUP, and that they must file a modification application to the CUP to change the approved operating hours to allow The Bank to remain open until 2:00 a.m. Notably, no person or entity on behalf of CNC Puma, d.b.a.

The Bank or Zip Third ever filed a modification application to make that change.

31. Mr. Watson stressed that since the Metro Team Plus has been established, these violations from The Bank have been brought to the attention of the City and numerous citations and civil penalties have been issued to The Bank.

However, other businesses in Old Town have also had violations resulting in citations and civil penalties. Mr. Watson stated that those businesses "are being addressed." He stressed that the City is not singling out The Bank for revocation of the CUP, as opposed to enforcing against other businesses. Mr. Watson admitted on cross- examination that in the past 10 years the City has not revoked any other CUP for a business.

32. Mr. Watson also stated that if the CUP is revoked, he is not sure if The Bank will comply because "they have not listened to the City yet." He stated that if the CUP is revoked, then the property will be governed by the specific city plan for Old Town, which allows for use as a restaurant with a type 41 alcohol license to sell beer and wine.

33. Mr. Watson also admitted on cross-examination that he never reached out to Zip Third in an effort to address the violations of the CUP and City ordinances committed by The Bank.
1 " 0

TESTIMONY OF TOM COLE

34. Tom Cole is currently employed as a Field Supervisor for the Code Enforcement department of the City. He has worked full-time for Code Enforcement in the City since 1997 and has been employed by the City since 1992. Since 1997 he worked as a Code Enforcement I officer, then as a Code Enforcement II officer, then as a Senior Code Enforcement officer, and finally in his current position as a Field Supervisor. His duties as a Field Supervisor include enforcement of the City's rules, regulations and municipal code to ensure proper property maintenance and quality of life issues for City residents. His duties have remained the same since 2012.

35. Mr. Cole explained that code enforcement cases in the City typically arise from a complaint, which is then verified by investigation. Thereafter, the City issues a notice of violation, such as a warning. If compliance is not obtained, then the City moves forward with issuing an administrative citation. If compliance is still not obtained the City then moves forward with issuing civil penalties. If compliance is still not obtained, then the matter is referred to the City attorney. He stated that an administrative citation has a smaller dollar amount for the fine, than does a civil penalty. The City instituted the civil penalties in order to obtain compliance for businesses that simply pay the lesser fines for the citations as a "price of doing business." Regardless, the citations and civil penalties are simply tools used by the City to get the business to comply.

36. Mr. Cole explained that the City Code Enforcement department does not patrol the streets for code violations, but instead the City "is reactive" and "responds to complaints only." He stated that the City is "seldom proactive," and as a result it is possible that an individual or business could be violating a CUP for a while before the Code Enforcement department would know about it.

37. Mr. Cole is familiar with The Bank and has personally issued all of the citations and all of the civil penalties against The Bank at issue in this matter. Since March 2021 Mr. Cole has gone out with the Metro Team in Old Town every Friday and Saturday night and on each of those occasions has observed The Bank operating well beyond the hours of operation approved in the CUP. Mr. Cole has observed The Bank operating past 11:00 p.m. and serving alcohol to customers inside The Bank well past the approved operating hours. He has also observed customers of The Bank falling down from intoxication and vomiting. On two occasions he observed people trying to pick a fight with the Temecula Police officers after 11:00 p.m. Mr. Cole stated that the operating hours of The Bank first came to the attention of the Code Enforcement department because of a complaint from the Temecula Police Department. Mr. Cole first became aware of The Bank operating outside of its approved operating hours in the CUP in March 2021 when he began walking with police officers and observing the businesses in Old Town. Mr. Cole stated that most of the civil penalties and citations he issued to The Bank were for violations of the CUP's approved operating hours.

However, he also cited other violations, such as noise violations.

38. With regard to the noise violations, Mr. Cole explained that when he observed The Bank operating past the approved operating hours in the CUP, he also observed customers of The Bank drinking, and dancing to very loud music provided at The Bank by a live D.J., along with lights. Mr. Cole explained that the TMC provides that a permitted noise level for a business in Old Town is 70 decibels. During his visits to The Bank, Mr. Cole checked the noise level with a hand-held decibel reader, which is calibrated once per year. He would go to the adjacent property to The Bank and use the decibel reader to observe the sound levels emanating from The Bank. When the D.J. was observed playing after approved hours, Mr. Cole measured the decibel levels at 95 decibels on numerous occasions. He stated that he tried to be lenient when the C11T0IT004

decibel reading was 80 decibels, but if the reading was 90 decibels or above, he would issue a citation to The Bank. Mr. Cole stated that he gave warnings to The Bank prior to issuing any citations for noise violations. Many of the citations issued by Mr. Cole to The Bank were simply paid by The Bank and were never appealed.

Mr. Cole testified that the last citation he issued for noise violations from The Bank was on July 3, 2021. He stated that on that day he spoke directly with the contracted D.J., as well as issued a personal citation to that D.J. for noise violations, and he requested that the D.J. resolve the noise issue. The following week the noise issue was resolved, and Mr. Cole has not had noise issues from The Bank on the weekend since that time. However, Mr. Cole thereafter started receiving noise complaints regarding The Bank on Sundays. Accordingly, Mr. Cole started going to The Bank on Sundays to monitor the noise levels. Mr. Cole issued two citations for those Sunday noise violations. According to Mr. Cole, "it took them a few weeks to realize that I went there on Sundays, but after they realized that, the noise abated."

39. Mr. Cole has had conversations with the manager of The Bank, Amanda Lane (previously Amanda Moore), on about five occasions over an 18-month period regarding The Bank's violations of the approved hours of operation in the CUP. During those conversations Ms. Lane has never informed Mr. Cole that she will comply with the permitted operating hours, and Mr. Cole continued to issue citations and civil penalties. Mr. Cole testified that The Bank has paid over $30,000 in fines for both citations and civil penalties to date, and approximately $150,000 of fines from the issued citations and civil penalties remains unpaid.

40. Mr. Cole has had approximately ten conversations with Craig Puma because Mr. Puma is on the Old Town Review Board. Of those ten conversations, only one of the conversations was regarding The Bank's violations of the approved C110111 '

operating hours of the CUP, and it took place sometime between March and June of 2021. Mr. Cole described Mr. Puma as an "absentee owner" of The Bank because Mr. Cole never sees Mr. Puma at The Bank now but would previously see Mr. Puma there before Ms. Lane became manager. According to Mr. Cole, during that one conversation Mr. Puma disagreed with the City's interpretation of the approved operating hours in the CUP.

41. Mr. Cole has never had a conversation with anyone from Zip Third.

However, Mr. Cole did send a letter to Zip Third on August 20, 2021, by regular mail to the address he obtained from the California Secretary of State for the agent for service of process for Zip Third, which was Norman Solomon at the Wilshire Blvd. address.

Mr. Cole stated that he mistakenly addressed the letter to Norman Sullivan of Zip Third instead of Norman Solomon, but the letter was sent to the correct address and was clearly marked as being addressed to Zip Third. Mr. Cole never received a response to this letter, and he has never been contacted by anyone at Zip Third regarding the violations that occurred at The Bank.

Beginning on August 20, 2021, Mr. Cole also sent about 97 different civil penalty letters to Zip Third addressed to Norman Solomon at the Wilshire Blvd. address from the California Secretary of State by regular mail. None of those 97 civil penalty letters were returned to the City as undeliverable. Additionally, no person from Zip Third has ever reached out to Mr. Cole regarding those civil penalty letters.

TESTIMONY OF SERGEANT JOSHUA HEPHNER

42. Sergeant Joshua Hephner is currently employed by the Riverside County Sheriff's Department serving the City of Temecula. He explained that the sheriff's deputies serving the City of Temecula are commonly referred to as the Temecula

Police Department. Sergeant Hephner has been a peace officer since 2010 and has worked in the City since December 31, 2020. Sergeant Hephner worked from 2017 to 2020 for the Moreno Valley station in the gang enforcement unit and has been designated by California courts as a gang expert. Sergeant Hephner is currently assigned to the City's Metro Team policing the Old Town area, and he joined the Metro Team in October 2021. However, he has policed the Old Town area since he started working at the City.

43. Sergeant Hephner testified that "problems," such as fights, disturbances, driving under the influence (DUI), and overserving alcohol, began occurring "around the COVID pandemic." Specifically, he stated that a lot of other cities shut down their bars, restaurants and other night life because of COVID. The City opened up it bars, restaurants, and other night life sooner than most other cities resulting in an influx of people coming from outside the Temecula area into Old Town, which caused issues.

Sergeant Hephner stated that during that time Old Town received a large number of "a mix of people" from different areas and backgrounds, which resulted in arrests for fights, disturbances, public intoxication, DUI, and other crimes. In March 2021 the City formed the Metro Team, consisting of seven sheriff deputies and one sheriff corporal, as well as one motorcycle officer and one community service officer, to provide a safer environment for Old Town. He stated that the Metro Team would go out in Old Town on Wednesdays through Saturdays from 3:00 p.m. to 3:00 a.m. He testified that after 9:00 p.m. or 10:00 p.m. the Old Town area "morphs into a nightclub atmosphere."

44. Sergeant Hephner is familiar with The Bank because shortly after the Metro Team formed in March 2021, a former sergeant noticed problems related to overserving of alcohol at The Bank and resulting disturbances caused by fights, public intoxication etc. He stated that there were also complaints from citizens that the C1T011't I

security at The Bank was "heavy handed." Sergeant Hephner has personally observed the overserving of alcohol to customers at The Bank, as well as intoxicated customers becoming belligerent and starting fights, even leading up to a homicide.

Sergeant Hephner stated that there was one homicide that occurred on Sunday, January 9, 2022, at 10:40 p.m. at The Bank involving an ex -employee of The Bank, who had worked at The Bank as a security guard. The homicide was a shooting of that employee that occurred on the patio of The Bank, and at least three other individuals were also shot and injured. Sergeant Hephner was familiar with the individual killed on January 9, 2022, because he had interactions with that individual when he worked as a security guard at The Bank. Specifically, there was one incident when the individual killed on January 9, 2022, had violently assaulted a person on the dance floor of The Bank by hitting the person and making them unconscious requiring hospitalization.

Sergeant Hephner stated that the individual killed on January 9, 2022, had a criminal history and was on probation for a felony conviction at the time he worked at The Bank.

Sergeant Hephner testified that on January 13, 2022, there was a candlelight vigil outside of The Bank for the homicide victim, and Sergeant Hephner spoke to an individual at the vigil. That person gave Sergeant Hephner false information regarding his identity. Sergeant Hephner "figured out" who that person was and discovered that the person had a loaded gun inside a fanny pack on his person and had a prior felony conviction. The person was arrested for being a convicted felon in possession of a firearm. Sergeant Hephner stated that this type of proactive enforcement arrest potentially prevented another homicide.

Another shooting occurred in November 2021 when some patrons at The Bank were celebrating a birthday and got into a verbal altercation. The patrons walked

outside of The Bank about 50 to 100 feet onto the sidewalk, and the shooting occurred with the victim being taken to the hospital.

45. Sergeant Hephner has also witnessed a laundry list of incidents related to The Bank. He stated that when deputies stop individuals who ultimately get arrested for DUI, on many occasions they tell the deputies that they are coming from The Bank.

While those individuals arrested for DUI also come from other locations, many times they state that they were at The Bank prior to driving. Sergeant Hephner has observed several assaults per night happening in front of deputies and in front of The Bank.

Sergeant Hephner has also observed on many occasions the security guards at The Bank push individuals, who are fighting, away from The Bank and into the street in order to get them away from The Bank. He also frequently sees public intoxication either in front of The Bank or down the street from The Bank. When he arrests someone for public intoxication, he asks where they are coming from and frequently, they say The Bank. Most of the incidents he describes occur after 11:00 p.m. with the vast majority of those incidents occurring closer to midnight to 2:00 a.m. Sergeant Hephner has personally observed The Bank remain open after 11:00 p.m. every weekend.

46. Sergeant Hephner stated that he has had concerns regarding the security guards employed by The Bank because some of those security guards have criminal records, don't go through the proper procedures to obtain a license as a security guard, and were "antagonizing." Sergeant Hephner described an incident when deputies were investigating the November 2021 shooting on the sidewalk in front of The Bank. Specifically, one of the witnesses to the shooting was a security guard employed by The Bank and whom Amanda Lane only knew by the moniker "Venom" or "Virus." Ms. Lane either could not or would not give the deputies the real name of

the security guard. When deputies asked him for his real name, the security guard refused to give it to them, and the security guard was uncooperative with them.

Sergeant Hephner testified that when he hears of monikers like "Venom" or "Virus" the first thing that comes to mind are gang members who utilize such monikers, and he believes that the security guard was a gang member. He also testified that it is critical that the sheriff deputies get full cooperation from the businesses in Old Town when investigating crimes. Sergeant Hephner also stated that having security guards with criminal records tends to attract other people with criminal records to The Bank causing more problems.

TESTIMONY OF STUART FISK

47. Stuart Fisk is employed by the City as a Planning Manager, and in 2012 he worked for the City as a Senior Planner. Mr. Fisk was involved in the issuance of the 2012 minor modification application for the CUP at issue in this matter. Mr. Fisk was responsible for processing the approval documents for the 2012 minor modification application that ultimately resulted in the CUP applicable for The Bank today, and at issue in this hearing. Mr. Fisk testified that with regard to the CUP that sets forth the approved final conditions for the operation of The Bank, there was an initial CUP application in 2007, there was a minor modification application to that CUP in 2008, and there was a 2012 minor modification application to the CUP that was approved and set forth the approved conditions for operation that continue to be in effect today. Mr. Fisk stressed that there were no other modifications to the CUP at issue in this hearing. Mr. Fisk testified that in 2009 The Bank wanted to expand their ability to sell alcohol on their patio, which required a delineation of those areas by some type of railing. He stated that the City accomplished this request by modifying the development plan to show on the site plan for the property where the fencing would 11101 *A

go along Front Street. However, he stressed that this 2009 modification to the development plan was not a modification of the CUP and had nothing to do with the CUP.

48. Mr. Fisk stated that in 2012 Patrick Richardson was the Director of Planning for the City and was also Mr. Fisk's supervisor. Mr. Fisk noted that Mr. Richardson was responsible for approving or denying a minor modification to the CUP application by an administrative approval or denial. When Mr. Puma filed the 2012 minor modification to the CUP application, Mr. Fisk met with Mr. Richardson in Mr. Richardson's office to review the original CUP, the approved 2008 minor modification to the CUP, and the 2012 minor modification application. According to Mr. Fisk, Mr. Richardson was not comfortable with the change of the hours of operations as set forth in the approved 2008 minor modification to the CUP. Mr. Fisk stated that the 2008 minor modification application to the CUP was approved by a different Director of Planning for the City, a person who had the job prior to Mr. Richardson. Mr. Richardson expressly stated to Mr. Fisk that he would approve the 2012 minor modification application only if the hours of operations for The Bank was set back to that provided in the original 2007 CUP. Mr. Richardson instructed Mr. Fisk to change the approved hours of operation for The Bank to what was set forth in the original 2007 CUP, and Mr. Fisk did so himself. Mr. Fisk stressed that the approved conditions for the 2012 minor modification of the CUP were not accidental or any sort of clerical error but were instead purposely selected. Mr. Fisk testified that Mr. Richardson told him that Mr. Richardson had been in touch with Mr. Puma regarding the 2012 minor modification application, but Mr. Richardson did not tell Mr. Fisk the nature or substance of those communications. 11114

49. When the final 2012 minor modification application to the CUP was approved by the City, Mr. Fisk provided Mr. Puma with the approval letter, as well as the attached final conditions of approval, which included the hours of operation being reverted back to what they were in the original 2007 CUP. Neither Mr. Puma nor anyone from The Bank ever contested the conditions of approval for that 2012 minor modification to the CUP application.

TESTIMONY OF JOHN CARRINGTON

50. John Carrington is currently employed as a private investigator and was retained by the City to perform an undercover investigation of The Bank.

Mr. Carrington has been to The Bank on one occasion on July 10, 2022, which was a Sunday, to perform the undercover investigation. He arrived at The Bank at 7:15 p.m. and went inside The Bank at about 8:00 p.m. Mr. Carrington stayed at The Bank until about 11:00 p.m. that day and when he left The Bank was still operating.

Mr. Carrington noted that he saw The Bank sell six shots of tequila to a patron that night at 10:39 p.m. During the time Mr. Carrington was at The Bank he purchased three alcoholic beverages including one shot of tequila at 10:03 p.m. Mr. Carrington testified that there was a D.J. playing music at The Bank that night.

51. At about 11:00 p.m. Mr. Carrington went outside of The Bank with the intention of taking decibel readings with his 1Phone and then returning to The Bank for further observation. However, when he went outside, he was approached by two individuals, whom he recognized as security guards from The Bank. He knew that these two individuals were security guards from The Bank because he saw them inside The Bank wearing security shirts. According to Mr. Carrington, the two individuals threatened to "beat him up" if he did not give them his mobile phone. The security guards accused him of taking photographs inside The Bank and demanded to see his C1T011-'4s7

iPhone. Mr. Carrington refused to give his phone to the two individuals. After this interaction Mr. Carrington did not enter The Bank again. However, he did take four different decibel readings of the noise outside of The Bank with his iPhone with the highest readings being 87, 83 and 80 decibels. Mr. Carrington stated that he plays in a band and frequently utilizes this particular application on his iPhone to take decibel readings. Mr. Carrington finally left the area of The Bank at about 11:25 p.m.

52. At the time Mr. Carrington left The Bank at 11:25 p.m., The Bank was still operating and selling alcohol.

TESTIMONY OF JEFFREY BRIAN LETOURNEAU

53. Jeffrey LeTourneau is currently employed as a private investigator and was retained by the City to conduct an undercover investigation at The Bank.

Mr. LeTourneau was tasked by the City to go to The Bank to monitor the hours of operation and the noise levels outside of The Bank during operation. Mr. LeTourneau went to The Bank on three occasions, namely on July 13, 2022, on July 20, 2022, and on July 27, 2022. On July 13, 2022, he arrived at The Bank with his partner at 7:30 p.m. for an event called "Quality Dance Party," which he described as a "toned down drag show," where the performers were lip syncing along with speakers playing music near the dance floor. The event ended at about 11:50 p.m. that night. Mr. LeTourneau walked out of The Bank on July 13, 2022, to go across the street to take a noise reading, and he and his partner ultimately left The Bank that night at 12:20 a.m. Mr.

LeTourneau stated that The Bank closed operations that night at midnight. He stated that The Bank continued to serve alcohol to customers after 10:00 p.m. that night, and Mr. LeTourneau purchased two beers at The Bank after 10:00 p.m. that night. 1 0 •; 1

On July 20, 2022, Mr. LaTourneau and his partner went to The Bank at 7:15 p.m. for a drag show and they ultimately left The Bank at 12:50 a.m. The live entertainment that night at The Bank was a drag show with lip syncing performers utilizing recorded music with speakers. The drag show that night lasted from 9:15 p.m. to 10:45 p.m. On July 20, 2022, The Bank stopped its operations at 12:35 a.m. The Bank continued to serve alcohol to its customers on July 20, 2022, after 10:00 p.m. and Mr. LaTourneau purchased two beers after 10:00 p.m. that evening.

On July 27, 2022, Mr. LaTourneau arrived at The Bank at 8:15 p.m. and left The Bank that night at 12:15 a.m. The entertainment at The Bank that evening were two male dance performers with recorded music. The entertainment that evening at The Bank started at 10:45 p.m. and ended at 11:30 p.m. The Bank closed its operations that night at 12:15 a.m. The Bank served alcohol to customers that night after 10:00 p.m. and Mr. LaTourneau purchased beers that evening from The Bank after 10:00 p.m.

The Bank's Evidence

54. CNC Puma, d.b.a. The Bank, presented two witnesses at the hearing. The following factual findings are based on their testimony and related documents received in evidence.

TESTIMONY OF CRAIG PUMA

55. Craig Puma is part owner of CNC Puma, d.b.a. The Bank. Mr. Puma stated that CNC Puma, is a corporation started in 2007 by himself for purpose of the ownership and operation of The Bank, and that CNC stands for Craig and Cristy Puma.

Christy Puma is now Craig Puma's ex-wife, but at that time was his wife. Mr. Puma was originally the president of CNC Puma, but he is now a board member. Mr. Puma no longer has any involvement in the day-to-day operations of The Bank other than as a 0031

consultant when his assistance is needed. Mr. Puma was actively involved in the day- to-day operations of The Bank up to the time Mr. Puma and his now ex-wife sold a partial ownership interest in CNC Puma to Amanda Lane and Ryan Parent on February 27, 2020.

56. Mr. Puma was also a member of the Old Town local review board appointed by the Temecula mayor for nine years. Mr. Puma worked with the Director of Planning for the City for nine years during that time.

57. Mr. Puma is the person who filed the original 2007 CUP application, the 2008 minor modification application to the CUP, and the 2012 minor modification application to the CUP for The Bank. Mr. Puma filed the 2007 CUP application in order to upgrade from a type 41 alcohol license (which allows beer and wine sales) to a type 47 alcohol license (which allows for sale of beer, wine, and distilled spirits). The type 41 and 47 alcohol licenses are issued by the State agency of Alcohol Beverage Control (ABC) and not the City.

58. After the 2007 CUP was approved by the City with the final conditions including that the hours of operation as set forth above, Mr. Puma thereafter in 2008 filed a minor modification application to the CUP to request that the hours of operation of The Bank be extended to 2:00 a.m. with last call for alcohol at 1:30 a.m.

The 2008 minor modification application to the CUP was approved within a week or two and was "not real complicated." Mr. Puma understood that the 2008 minor modification to the CUP allowed The Bank to operate until 2:00 a.m.

59. Mr. Puma thereafter went into the City and filed the 2012 minor modification application to the CUP to request background music for lunch and dinner crowds at The Bank. Mr. Puma testified that he submitted the 2012 minor modification 0032

application, paid the $300 fee for the application, and a couple of days later Mr. Puma received the approval for the 2012 minor modification application. Mr. Puma testified that there was no discussion with anyone at the City regarding the operating hours of The Bank at the time he filed the 2012 minor modification application. When Mr. Puma received the approval for 2012 minor modification application for the CUP, he "saw that it had the addition of music," and he kept a copy of the approval at the bar of The Bank. Mr. Puma testified that at the time he received that approval it was his understanding that he still had approval to operate The Bank until 2:00 a.m. Mr. Puma testified that he did not "catch it" that the 2012 minor modification approved hours had changed back to that of the original 2007 CUP. Mr. Puma testified at the hearing, "it was obvious to me that the City made an honest mistake [on the 2012 minor modification approval] and copied and pasted the wrong CUP — the 2007 CUP and not the 2008 CUP — and I did not catch it at the time." Mr. Puma stated that he believes that the City staff mistakenly copied and pasted the operating hours from the 2007 CUP into the 2012 minor modification to the CUP instead of using the proper 2008 minor modification to obtain those hours.

Mr. Puma stated that he did not read the 2012 minor modification application of the CUP approved terms, and he did not ever request an appeal of the approved terms of that 2012 minor modification. He also never submitted another minor modification application to modify the CUP.

60. After the 2012 minor modification to the CUP was approved, Mr. Puma continued to operate The Bank up to 2:00 a.m. because he understood that he had approval to do so. Mr. Puma continued to operate The Bank until 2:00 a.m. until he sold a portion of CNC Puma in February 2020. During that time frame, Mr. Puma operated The Bank until 2:00 a.m. He stated that sometimes he would close The Bank

at 1:00 a.m. because he was "getting a crowd" he did not want because most of those people were getting kicked out of other places. However, he mostly stayed open until 2:00 a.m. on the weekends during that period of time with no complaints from the City regarding those hours of operation.

61. In early 2021 Amanda Lane, part owner and the current manager of The Bank, called Mr. Puma and asked about the approved hours of operation in the CUP.

Mr. Puma told her that a copy of the 2012 minor modification approval of the CUP was at the bar of The Bank. Ms. Lane told Mr. Puma that "they did a cleaning and threw it away because they did not know what it was." Ms. Lane told Mr. Puma that the City had contacted her about the approved operating hours. In an effort to obtain clarification, Mr. Puma emailed Luke Watson in February 2021 requesting clarification of the approved operating hours for The Bank. In the email, Mr. Puma wrote, in part, as follows:

In 2012 we applied for a Minor Mod to allow us to have
indoor music. At that time, I believe and [sic] error was made and the hours were taken from the original
Conditions, requiring we close at 10pm during the week
and 11 pm on Friday and Saturday except for Cinco De
Mayo and other holidays. We continued to stay open until tam since. For a brief period, in 2016, I believe, Christy and I made the decision to close at lam. Last call was at 12:30am.

That was our choice due to the town getting a bit crazy after lam. We have never been told to close before tam
and we have always been responsible business owners.... 0034

Mr. Puma testified that Mr. Watson responded by providing the currently approved operating hours in the 2012 minor modification to the CUP. Mr. Puma then reached out to ABC to obtain a copy of the 2008 minor modification to the CUP showing that the approved hours at that time were until 2:00 a.m. Mr. Puma testified that he was trying to work with the City to "fix the issue" because the operating hours in the current CUP "were obviously wrong because we never discussed any change to the operating hours." On March 3, 2021, Mr. Puma emailed a copy of the 2008 minor modification to the CUP to Mr. Watson with the statement, "I'm not sure why you don't have these conditions in the file for The Bank, but here's a copy for you." Mr. Puma admitted that he has had no further communications with the City regarding the approved operating hours for The Bank since this email.

62. Mr. Puma admitted on cross-examination that he is aware that CNC Puma has paid the City thousands of dollars in fines for the citations discussed above.

However, he also admitted that he has never appealed any of those citations, but believed that Ms. Lane was doing so because she told him she was "fighting the citations." However, he also admitted that he was not aware of exactly what Ms. Lane was doing to "fight the citations." He stated he is not aware of any person submitting an appeal document to the City for any of the citations or civil penalties.

63. With regard to the use of a D.J. as entertainment at The Bank, Mr. Puma testified that he did not believe he needed a modification to the CUP to have a D.J. because he does not believe that a D.J. is live entertainment and is instead just a recording. With regard to drag shows, Mr. Puma stated that he believes a drag show complies with the approved condition of the 2012 CUP approving indoor music with one instrument and one vocalist because it is "indoor live entertainment." He admitted 0035

that the live entertainment was approved to happen during dinner, and he simply stated that drag shows are "not his thing."

64. Mr. Puma admitted that he never talked to Norman Solomon or anyone else from Zip Third about the citations or civil penalties discussed above. Mr. Puma testified that the last conversation he had with Norman Solomon was to inform him that Mr. Puma would be moving out of the country, and that Ms. Lane and Ryan Parent would be dealing with the day-to-day operations of The Bank and would be communicating with Mr. Solomon.

65. Mr. Puma testified that he is aware that CNC Puma filed for Chapter 11 bankruptcy sometime after February 2020. He was not aware of exactly when or the specifics because "that was done by Amanda and Ryan."

TESTIMONY OF AMANDA NICOLE LANE

66. Amanda Lane, formally known as Amanda Moore, is one of the owners of CNC Puma, d.b.a. The Bank, acts as the President and C.E.O. of CNC Puma, d.b.a. The Bank, and is the day-to-day manager of The Bank. She has held these positions since February 27, 2020, when she and Ryan Parent took partial ownership of CNC Puma, d.b.a. The Bank. Ms. Lane testified that there are currently four owners of CNC Puma, d.b.a. The Bank, namely herself, Craig Puma, Christy Puma, and Ryan Parent. Her duties are oversight of all operations of the restaurant, including scheduling employee hours, managing payroll for employees, all administrative duties, interacting with the community and law enforcement, even bussing tables. Ms. Lane generally has an on - site presence at The Bank during almost all operating hours. Ms. Lane and Ryan Parent took a partial ownership in CNC Puma, d.b.a. The Bank, on February 27, 2020, and two - and -a -half weeks later the COVID pandemic forced them to shut down the restaurant.

The year 2020 was devastating financially to the business. At the end of 2020, The Bank again was operating as it had previously until 2:00 a.m.

67. Ms. Lane described The Bank as a bar and restaurant serving Mexican food. The Bank is closed on Mondays, but is open at 11:00 a.m. on Tuesdays through Fridays, and opens at 9:00 a.m. on Saturdays and Sundays. On Fridays and Saturdays, The Bank typically closes at 2:00 a.m., and on Sunday The Bank closes sometime between 10:00 p.m. and 12:00 a.m. depending on the amount of business. During the hours of operation, and particularly during the evening hours on Friday and Saturday nights, Ms. Lane is normally located outside The Bank at the corner where she can see inside the restaurant and can watch the people coming into The Bank to ensure those people are not drunk. During Friday and Saturday nights, there is lots of foot traffic and road traffic near The Bank, and "people are bouncing from one place to another." She stated that people tend to visit multiple establishments in one evening. Ms. Lane stated that the location of The Bank is at the busiest intersection in Old Town and "everything goes through that intersection." There is no designated parking for The Bank.

Ms. Lane stated that on Friday and Saturday nights, there is lots of activity around The Bank, including people going to dinner at different restaurants, groups of people looking for a place to go, bachelorette parties, homeless people, intoxicated people, and people driving and "running stop signs." Ms. Lane supervises all employees at The Bank, including the security guards. She stated that now the security guards at The Bank are licensed. However, she admitted on cross-examination that only since July 31, 2022, have all the security guards at The Bank been wearing clothing as required by City ordinances. She also admitted that in the past year -and -a - half not all the security guards working at The Bank have been licensed as security

guards. Ms. Lane testified that it was not required that the security guards be licensed.

She also admitted that she did not obtain any criminal background checks on the security guards and "bouncers" who worked at The Bank, because that was not required. Ms. Lane admitted that she did not know if any of her current or former security guards have criminal convictions.

68. Ms. Lane also supervised the bartenders at The Bank and stated that all bartenders at The Bank are certified with the liquor certification from ABC. Ms. Lane also trains the bartenders and provides "pour test training" to ensure that they are pouring the correct amount of alcohol for a drink. She also instructs bartenders that they cannot overserve customers such that the customer will become drunk. If a bartender feels that a customer is impaired, they can stop serving alcohol to the customer and can also have the customer thrown out of The Bank. Ms. Lane stated that most customers at The Bank have been at other bars and restaurants in Old Town already, and it can sometimes be difficult to know how much alcohol those customers have consumed prior to coming to The Bank.

69. Ms. Lane stated during her testimony that since the end of 2020, The Bank has had a live D.J. performing at The Bank on the weekends. She stated that the D.J. typically starts performing anywhere from 2:00 p.m. to 9:00 p.m. and will perform up until 1:00 a.m. depending on the day.

70. Ms. Lane testified that when she is working outside of The Bank that she and her security guards look for individuals trying to enter The Bank who are intoxicated, stumbling or stuttering, or those who "are looking for trouble." She stated that she "screens people" entering The Bank and she, as well as the security guards, will deny access to The Bank to anyone who appears to be drunk or looking to cause trouble. Ms. Lane stated that she denies entry to people trying to enter The Bank

numerous times on each of Friday, Saturday, and Sunday nights. Additionally, Ms. Lane walks through the inside of The Bank once every 30 minutes, and if someone is showing signs of impairment and looks like they will "cause problems" she has a security guard escort that person out of The Bank. Ms. Lane stated that she makes many phone calls to the Temecula Police while she is working outside The Bank at the front door because she can see in every direction in Old Town from her location. She stated that she sees fights, DUI's, people vomiting, people "passing out" and falling because of being drunk, and people urinating in the parking lot. Ms. Lane insisted during her testimony that none of these people she observes were associated with The Bank or "had anything to do with The Bank." Ms. Lane knows half of the police officers who patrol Old Town by first name, and she has numerous personal mobile phone numbers of those officers. She stated that she calls the police frequently on Friday and Saturday nights for various problems in Old Town, but she stated, "most of my calls to police have nothing to do with our restaurant."

71. With regard to the shooting in January 2022 at The Bank where a person was killed, Ms. Lane testified that there was nothing that The Bank could have done to prevent a 22-year-old person from entering the property and shooting people. The person who was killed was a "former bouncer" at The Bank and had been fired from his job about six to eight months prior to the shooting. At the time of the shooting, the person killed worked at another restaurant down the street from The Bank. After this shooting, The Bank complied and cooperated with all requests from the Temecula police.

72. With regard to the shooting that occurred in November 2021 near The Bank, Ms. Lane was the individual who called 911 because of that shooting. She stated that the shooting happened after 1:00 a.m. and she heard the gunshot. A bouncer at

The Bank told Ms. Lane he heard the gunshot and saw the flash from the gun. She stated that she cooperated with the police investigation regarding that shooting, and that the police determined that the shooter never went into The Bank. Ms. Lane stated that there was a bouncer who had worked at The Bank on the night of the November 2021 shooting who had the nickname, Virus. According to Ms. Lane, Virus was an artist and Virus was "his artistic name." Virus worked at The Bank only for about three to four months. On the night of the November 2021 shooting, Sergeant Hephner informed Ms. Lane that Virus refused to cooperate with the police investigation of the shooting and would not provide his real name. As a result of learning this information, Ms. Lane fired Virus from his job at The Bank. Ms. Lane stated that she has one other employee who "goes by a moniker" and that person is known as Eagle. She explained that Eagle is a Native American and his father gave him that nickname.

73. Ms. Lane testified that many of the police calls made for incidents around The Bank were not caused by customers of The Bank, and many of the police calls in the area were from other businesses in the area. Ms. Lane obtained a log of calls for service from the Riverside Sheriff's Department for Old Town through a records request. She discussed many of the calls logged on that report.

74. At the time Ms. Lane and Ryan Parent purchased a portion of CNC Puma, d.b.a. The Bank, Ms. Lane understood that the allowed operating hours for The Bank were from 8:00 a.m. to 2:00 a.m. Prior to purchasing The Bank, Ms. Lane had been there many times and stayed up to 2:00 a.m. when The Bank was operating. In February or March 2021, Ms. Lane received the first warning citation from the City for being open past approved hours. Ms. Lane contacted Mr. Cole, the individual who writes citations, regarding the warning. She stated that Mr. Cole "did not have a lot of information." Ms. Lane then went to City Hall and requested "all the CUPS" for The

Bank. She stated that the City only provided her with the original 2007 CUP and the 2012 minor modification to the CUP, but not the 2008 minor modification to the CUP.

She stated that she asked for the 2008 CUP because Mr. Puma told her it existed.

Eventually, Ms. Lane obtained the 2008 minor modification to the CUP from Mr. Puma.

Ms. Lane sent an email on March 11, 2021, to Brad Landon, the agent for service of process for CNC Puma, d.b.a. The Bank, with the attached 2012 minor modification to the CUP with the following comment:

This is where music was added and the 2am time was left out (I think is [sic] was just an error on the city's part).

Ms. Lane then forwarded that email in September 25, 2021, to a fire marshal for the City in an effort to get clarification. Ms. Lane stated that after she did so she "thought things were still in limbo." Ms. Lane stated that she thought there were many errors in the 2012 minor modification of the CUP and she "wanted them corrected," but primarily the operating hours issue. Ms. Lane stated that she never applied for a minor modification to the 2012 CUP to get approved hours of operation of up to 2:00 a.m. because "I complied with the 2008 CUP, and there was no reason to do so." Ms. Lane admitted that she has been closing The Bank at 2:00 a.m., and she continues to do so.

She stated that if she did not operate until 2:00 a.m., then The Bank would be insolvent in 30 days. She stated that most of the money made at The Bank happens from midnight to 2:00 a.m.

75. Ms. Lane admitted that she paid over $15,000 in fines associated with citations and civil penalties issued by the City for The Bank operating beyond approved hours. She admitted that The Bank continued to receive citations and civil penalties with fines for that reason with fines totaling well over $100,000. She stated that she was a new business and did not want to make an enemy of the City so they CfIelL_ii_

just paid the fines. Ms. Lane admitted that she, and no person from The Bank, ever appealed the citations or civil penalties. Instead, she stated that "I figured once [the City] figured it out that they would refund the money."

76. In July 2021 Ms. Lane contacted David Pinkerton, a person she believed at the time was the property owner of the land where The Bank sits, to inform him of the multiple citations received by the City. Ms. Lane stated that in 2021 she had only two contact numbers, one was for David Pinkerton and another was for Sean Pinkerton, and she believed that both of those individuals worked for Zip Third, the property owner. However, David Pinkerton in fact worked for a company named Metro Resources, which is a property management company hired by Zip Third. Ms. Lane stated that Mr. Pinkerton never told her that he would do anything about the citations or civil penalties, but that Mr. Pinkerton was aware that the City was citing and fining The Bank for operating outside of approved business hours.

It was not until June or July 2022 that Ms. Lane first had a conversation with Norman Solomon of Zip Third regarding any citations or civil penalties issued by the City to The Bank. Ms. Lane stated that at that time she had a long phone call with Mr. Solomon to "go over the citations," and "what was going on with the bankruptcy case." This was the first phone call or other communication that Ms. Lane had with Mr. Solomon. Ms. Lane has never read the lease agreement between The Bank and Zip Third, other than portions that were sent to her recently from Mr. Solomon regarding her obligation to provide notices to Zip Third.

Zip Third's Evidence

77. Zip Third presented two witnesses at the hearing. The following factual findings are based upon their testimony and related documents received in evidence.

C1Tell K

TESTIMONY OF NORMAN SOLOMON

78. Norman Solomon is the manager of Zip Third, a company that "has no employees." Mr. Solomon testified that Zip Third purchased the property where The Bank sits in 2016 from the estate of Maureen Licata. Mr. Solomon is 76 years of age and has worked in real estate development and management for over 40 years.

Mr. Solomon owns over 100 properties and is involved in close to 100 limited liability companies. Mr. Solomon buys properties both as an individual, with partners, and as a limited liability company. Mr. Solomon owns multiple properties in Old Town, including several on the same block as The Bank. Mr. Solomon owns nine different properties in the City and has owned properties in the City for over 10 years. The City has never complained to Mr. Solomon about any of his properties, other than The Bank. Mr. Solomon testified that the main office for Zip Third is on Wilshire Blvd. in Los Angeles. However, Mr. Solomon has not been to that location regularly since March 2020 when the COVID pandemic began.

79. Mr. Solomon first learned of the City's intention to revoke the CUP in this matter on July 1, 2022, when he received a telephone call from Jennifer Petrusis.

Mr. Solomon "was stunned" and informed her that he knew nothing about any violations of the CUP by The Bank. Ms. Petrusis told Mr. Solomon that a hearing in this matter was already being scheduled, and Mr. Solomon asked for additional time so he could investigate. After this phone call, Ms. Petrusis sent the May 19, 2022, letter from Mr. Watson regarding the City's intention to revoke the CUP to Mr. Solomon. The next communication Mr. Solomon had with Ms. Petrusis was on July 5, 2022, and again Mr. Solomon asked for additional time to obtain an attorney familiar with the City. He told Ms. Petrusis he wanted to work in a productive way to resolve the issues. 0043

80. Mr. Solomon testified that "his office" first found out about the City's citations and civil penalties for The Bank in March 2022. After Mr. Solomon got a phone call from Jennifer Petrusis on July 1, 2022, he contacted his office to ask if there had been any correspondence from the City regarding the citations and civil penalties, and he was told yes. He asked for the office to collect all communications and put in one file. Mr. Solomon stated that the earliest communication from the City in that file was postmarked March 7, 2022. Mr. Solomon stated that the office only had 16 violation letters contained in eight envelopes. Mr. Solomon denied ever seeing the August 2021 letter from Mr. Cole regarding the violations.

81. In July 2022 after speaking to Ms. Petrusis, Mr. Solomon had multiple phone calls with Ms. Lane to investigate the matter. According to Mr. Solomon, Ms. Lane told him that The Bank was not violating the CUP, but that the City had made a clerical error on the 2012 minor modification of the CUP and she was "working to resolve it." Mr. Solomon stated that prior to learning about the violations of the CUP, he never had any issues with Ms. Lane and she paid her rent on time and was generally helpful. Mr. Solomon had also never received any complaints from any other businesses in Old Town regarding The Bank, so he had no reason to believe any of the issues listed in the citations and civil penalties were happening. Mr. Solomon asked Ms. Lane multiple times to comply with the hours of operation as approved in the 2012 CUP, but Ms. Lane told him that The Bank would "go under" if she did that.

82. After his conversation with Ms. Petrusis, Mr. Solomon also contacted David Pinkerton, the property manager, to discuss the issues. Mr. Solomon learned that Mr. Pinkerton had received notice of citations and civil penalties beginning in March 2022. Mr. Pinkerton also told him that Ms. Lane informed him of the citations and civil penalties, and Mr. Pinkerton believed that Ms. Lane was "taking care of it." C11Tell qF1 I

83. Mr. Solomon stated that he did not learn that CNC Puma, d.b.a. The Bank, was in bankruptcy proceedings until July 2022 when he learned about the City's intention to revoke the CUP. Mr. Solomon stated that he had to retain a bankruptcy attorney to get relief from the automatic stay in order to begin the process of an unlawful detainer against The Bank in order to resolve the City's issues. According to Mr. Solomon, The Bank had previously filed another bankruptcy in 2019 or 2020 because The Bank was behind in their rent payments. At that time Mr. Solomon had hired a bankruptcy attorney to get relief to file an unlawful detainer action against The Bank. However, that bankruptcy was ultimately dismissed, and Ms. Lane and Ryan Parent paid all back rent in August 2020. The Bank has been up to date with its rent payments ever since and is currently up to date. Mr. Solomon stated that now that the bankruptcy case filed by The Bank has been dismissed as of late August 2022, he is now in the process of obtaining an attorney to file an unlawful detainer against The Bank.

84. Mr. Solomon testified that he has a custom and practice of maintaining a good relationship with the City and its officials. Mr. Solomon stated that he was one of the founding members of the Old Town Business Association and helped to write its by-laws. If Mr. Solomon had proper notice of the citations and civil penalties issued against The Bank at the time they were issued, he would have immediately contacted Mr. Cole and tried to arrange a meeting with the City Manager to discuss the issues.

After he received a phone call from Ms. Petrusis, Mr. Solomon immediately requested a meeting with the City Manager of the City, but the City Manager declined to meet with him. Mr. Solomon believes that if the CUP is revoked, The Bank will continue violating the CUP until Mr. Solomon evicts The Bank from the property. He believes this based on his conversation with Ms. Lane. Mr. Solomon stated that if the CUP is revoked, the value of the property will decrease. He also believes that he has not been C1TelZ P•1

treated fairly by the City because his notice of these issues was insufficient for him to properly address them prior to the revocation hearing. Mr. Solomon stated he has never had this level of difficulty with any government entity.

TESTIMONY OF LAZARO FERNANDEZ

85. Lazaro Fernandez is an attorney specializing in bankruptcy law. He has been in private practice as an attorney since July 1989 and has handled thousands of bankruptcy cases. Mr. Fernandez was hired by Zip Third in late July or early August of 2022 to file a motion to convert the bankruptcy of CNC Puma, d.b.a. The Bank, from a Chapter 11 bankruptcy to a Chapter 7 bankruptcy, and to obtain relief from the automatic stay. Mr. Fernandez has filed two applications in the bankruptcy court regarding those issues and obtained hearings for those applications.

86. Mr. Fernandez explained that while The Bank is in bankruptcy, Zip Third is prevented from filing an unlawful detainer to evict The Bank. Mr. Fernandez appeared in bankruptcy court regarding the two applications referenced above. The bankruptcy court thereafter issued an order on August 23, 2022, which was received in evidence, dismissing the Chapter 11 bankruptcy all together, thereby rendering moot the motion for relief from the automatic stay. As a result, Zip Third is no longer prevented from initiating a unlawful detainer action against The Bank.

The Parties' Arguments

87. The City argues that it has met its burden to establish that CNC Puma, d.b.a. The Bank, has violated the CUP's approved operating hours, as well as the live entertainment provision of the CUP, and has become a disorderly house as prohibited in the applicable CUP. The City also argues that it has provided sufficient notice of 0046

these violations to both CNC Puma, d.b.a. The Bank, and to Zip Third. Accordingly, pursuant to TMC section 17.03.085, the City requests revocation of the CUP.

88. CNC Puma, d.b.a. The Bank, argues that operating hours as set forth in the 2012 minor modification of the CUP are erroneous and not valid because the City simply, erroneously, and carelessly, copied and pasted the operating hours from the 2007 CUP into the 2012 CUP without consideration of the 2008 minor modification to the CUP. Accordingly, CNC Puma, d.b.a. The Bank, argues that the approved operating hours in the 2012 minor modification to the CUP are not applicable and the 2008 minor modification to the CUP is applicable. CNC Puma, d.b.a. The Bank, also argues that the City's evidence regarding the "disorderly house" issue is insufficient to establish that The Bank was responsible for all the issues in Old Town regarding fighting, public intoxication, and other issues constituting a disorderly house. With regard to noise issues, CNC Puma, d.b.a. The Bank, argues that the evidence establishes that the noise issue was resolved in July 2021. However, CNC Puma, d.b.a.

The Bank, failed to make any argument regarding the alleged violation of the CUP by having live entertainment beyond that approved.

Additionally, CNC Puma, d.b.a. The Bank, also argues that the City failed to do anything to enforce the 2012 CUP approved operating hours violations by The Bank for over nine years, essentially arguing that the doctrine of laches prevents the revocation of the CUP.

89. Zip Third argues that the City failed to provide proper notice to Zip Third regarding The Bank's violation of the 2012 minor modification of the CUP, and because of that "even should the ALJ revoke or modify as to The Bank, it should not revoke or modify as to Zip Third" because Zip Third has done nothing to support the CUP revocation and Zip Third is not responsible for The Bank's operations. Zip Third 11IT-1 IN

also argues that the City failed to provide proper notice regarding the citations and civil penalties to Zip Third because the City did not send those notices by certified mail to Zip Third pursuant to TMC Section 1.21.050 (B).

LEGAL CONCLUSIONS
Burden and Standard of Proof

1. The Zoning Regulations regarding Conditional Use Permits in the City of Temecula are contained in Title 17 of the Temecula Municipal Code. Title 17.030.085 of the Temecula Municipal Code governs the revocation or modification of CUPS, including the procedure for appeal and public hearing. Pursuant to TMC Section

17.03.085 (A)(4), at the hearing of an appeal "[t]he 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."

2. "Clear and convincing evidence" requires a high probability of the existence of the disputed fact, greater than proof by a preponderance of the evidence.

Evidence of a charge is clear and convincing as long as there is a high probability that the charge is true. (People v. Mabini (2001) 92 Cal.AppAth 654, 662.) Applicable TMC Sections

3. Title 17.030.085 (A)(1)(a) of the TMC provides:

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
0048

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.

4. Title 17.030.085 (A)(1)(b) of the TMC provides that the city clerk shall refer the matter to the California Office of Administrative Hearings for the assignment of an administrative lawjudge to serve as an independent hearing officer, and a hearing regarding the revocation of a CUP "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." S. Title 17.030.085 (A)(5) of the TMC provides:

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:
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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. Title 17.030.085 (A)(7) of the Temecula Municipal Code provides:

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 DIell�71i1

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.

Evaluation

7. The City has established by clear and convincing evidence that the approved conditions of the 2012 minor modification to the CUP are applicable in this matter, as opposed to the 2008 minor modification to the CUP. The City has also established by clear and convincing evidence that CNC Puma, d.b.a. The Bank, has violated condition 12 of the 2012 CUP by continuously operating outside of the approved hours of operation; has violated condition 12 of the 2012 CUP by selling alcohol to customers at hours beyond that permitted by the 2012 CUP; has violated condition 9 of the CUP by having live entertainment of a D.J. at The Bank, which is beyond the live entertainment permitted in the 2012 CUP; and violated condition 28 c. for becoming a disorderly house.
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APPROVED CONDITIONS OF THE 2012 MINOR MODIFICATION TO THE CUP

8. CNC Puma, d.b.a. The Bank's, argument that the 2008 Minor Modification to the CUP is the applicable CUP setting approved final conditions is unpersuasive. The City established by clear and convincing evidence, through the testimony of Luke Watson and others that the final conditions of approval in the 2012 minor modification to the CUP are those conditions that are applicable for The Bank's hours of operation and otherwise. Mr. Puma and Ms. Lane's testimony that the City simply "made a mistake" by copying the approved operating hours from the 2007 CUP was not persuasive, particularly in light of the credible testimony of Stuart Fisk, who explained that the change in those operational hours in the 2012 minor modification to the CUP was purposeful and intentional by the City. Notably, when he received the approval for the 2012 minor modification to the CUP, Mr. Puma did not read them or ever appeal those approved operating hours, which would have been the proper avenue to assert such a mistake on the part of the City. Furthermore, despite over a year of citations and civil penalties for operating outside of those approved hours, Ms. Lane (or any person from The Bank) never appealed or challenged the asserted approved operating hours to the City. Instead, Ms. Lane simply paid the fines. If she believed that the approved operational hours were incorrect, then her recourse would have been to appeal the citations. Additionally, never during this process did either Mr. Puma, or any owner of CNC Puma, d.b.a. The Bank, ever apply for another minor modification to the CUP to correct the hours of operation to those they believed were correct. The inaction of any owner of The Bank to address the issue of the approved operating hours undercuts their argument that the approved operating hours of the 2012 minor modification to the CUP are applicable in this matter. 0052

THE BANKS VIOLATIONS OF THE 2012 MINOR MODIFICATION TO THE CUP

9. The City established by clear and convincing evidence that CNC Puma, d.b.a. The Bank, frequently and continuously violated the approved conditions of the 2012 minor modification to the CUP. Specifically, both Ms. Lane and Mr. Puma admitted that they operated The Bank until 2:00 a.m., with service of alcohol well after 10:00 p.m., which is well beyond the allowable 11:00 p.m. operation time and 10:00 p.m. approved time to serve alcohol, because they both mistakenly believed they were entitled to do so under the approved conditions. Their mistaken beliefs do not absolve them from their violations. Additionally, both Mr. Puma and Ms. Lane asserted that a live D.J. with recorded music and speakers, as well as a drag show do not violate condition 9 of the 2012 CUP. Their assertion was unpersuasive. A live D.J. is a form of live entertainment, and so is a drag show, and both of those forms of entertainment go well beyond one vocalist and one instrument to be used during lunch and dinner.

Indeed, the D.J. performed up until 1:00 a.m., which is obviously after dinner.

10. Finally, with regard to condition 28 c. of the 2012 minor modification to the CUP related to a disorderly house, Sergeant Hephner's testimony regarding activities at and around The Bank was credible and persuasive and established that The Bank had become a disorderly house, which is defined as "disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti etc." or that "has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc." The City established by clear and convincing evidence that The Bank created loud noise beyond that allowed by the City's TMC with outdoor speakers and a D.J.; The Bank had many ongoing crimes including a murder that occurred at The Bank's patio, and many fights and incidents of public intoxication. Ms. Lane's assertion 0053

that those things were happening around The Bank, but were not caused by The Bank, was simply unpersuasive.

THE DOCTRINE OF LACHES DOES NOT APPLY

11. CNC Puma, d.b.a. The Bank, asserted that the City failed to take any action against The Bank's failure to abide by the operating hours set forth in the 2012 CUP for over nine years, which appears to be an argument that the doctrine of laches applies to prevent the City from either revoking the CUP or enforcing the operating hours of the 2012 CUP. "The defense of laches requires unreasonable delay plus either acquiescence in the act about which plaintiff complains or prejudice to the defendant resulting from the delay." (Feduniak v. California Coastal Com. (2007) 148 Cal.App.41n 1346, 1381.) In this case there is no evidence that the City knew that The Bank was operating outside of the approved operating hours in the 2012 CUP until 2021 when it began issuing citations. Specifically, testimony from Mr. Cole established that the City was not aware of those violations until 2021. Accordingly, the doctrine of laches does not apply in this matter.

NOTIFICATION TO ZIP THIRD

12. Zip Third's argument that the City should be prevented from revoking the CUP because Zip Third was provided with insufficient notice regarding the citations and civil penalties in this matter is unpersuasive. Specifically, the issue in this matter is whether Zip Third was provided sufficient notice regarding the City's intention to revoke the CUP, and not whether Zip Third was provided sufficient notice of the underlying citations and civil penalties. However, the City established by clear and convincing evidence that Zip Third had received some notice regarding those citations and civil penalties at least as early as August 2021, because Mr. Cole sent both a letter 1114,7I

in August 2021 to Mr. Solomon at his Wilshire Blvd. address, as well as sent copies of 72 different civil penalty letters to Mr. Solomon at his Wilshire Blvd. address as early as August 2021. Mr. Solomon claimed that he did not receive these documents. However, he also admitted that he simply did not go to his office where those letters were sent during that time because of COVID. Accordingly, the City provided sufficient notice to Mr. Solomon regarding the violations of the CUP by The Bank.

13. Zip Third also argues that the City has been unfair to Zip Third because the City refuses to "work with them" to address The Bank's violations. However, the TMC does not require the City to work with the property owner, but the TMC does provide a mechanism by which the City may revoke the CUP if repeated violations have been established pursuant to TMC Section 17.03.085. The City has met its obligations under the TMC for revocation of the CUP in this case, and the City has no obligation to "work with" the property owner otherwise. While Mr. Solomon credibly testified that the City's revocation of the CUP will not stop the continued violations by The Bank, and that eviction of The Bank will do so. The only issue for determination in this hearing is whether the City has met its clear and convincing burden to establish that conditions of approval of the CUP have been violated and revocation of the CUP is appropriate under these circumstances and it has done so.

14. Zip Third's argument that the CUP should be revoked with regard to CNC Puma, d.b.a. The Bank, and not with regard to Zip Third is also unpersuasive. Nothing in the TMC provides any authority by which such a revocation with regard to a tenant but not with regard to an owner is possible. Instead, the TMC simply sets forth the procedure by which the CUP may be revoked in total.

D 1 ,
The 2012 Minor Modification to the CUP, as well as the original 2007 CUP and the 2008 Minor Modification to the CUP, issued to CNC Puma, d.b.a. The Bank, and to Zip Third Investments, L.L.C. are revoked.

DATE: October 19, 2022 Debra � Nye-Tekki�s
DEBRA D. NYE-PERKINS
Administrative Law Judge
Office of Administrative Hearings
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P"Z
0057

Notice of Public Hearing
A public hearing has been scheduled before the City of Temecula Planning Commission to consider the matter described below:

The Planning Commission will review the independent hearing officer's decision to revoke Conditional Use Permit PA12-0041, PA08-0236, and PA07-0314 for the property located at 28645 Old Town Front Street, Temecula, California 92590, commonly known as The Bank. The Conditional Use Permit allows this property to hold a Type 47 ABC license and provide dinner entertainment for the purpose of providing background music at the existing restaurant. The revocation of the Conditional Use Permit will disallow the alcohol license and live music. The independent hearing officer's decision to revoke the Conditional Use Permit was based on the following grounds: that the approved conditions of the 2012 minor modification to the Conditional Use Permit are applicable; that CNC Puma Corporation d/b/a The Bank violated Condition No. 12 by continuously operating outside of the approved hours of operation and by selling alcohol to customers at hours beyond that permitted by the 2012 Conditional Use Permit; that CNC Puma Corporation d/b/a The Bank violated Condition No. 9 by having live entertainment of a D.J. at The Bank, which is beyond the live entertainment permitted by the 2012 Conditional Use Permit; that CNC Puma Corporation d/b/a The Bank violated Condition No. 28c by becoming a disorderly house; and that the City provided sufficient notice to Zip Third Investments, LLC, the property owner, regarding the violations of the Conditional Use Permit by The Bank.

PLACE OF HEARING: 41000 Main Street, Temecula, CA, City of Temecula, Council Chambers DATE OF HEARING: February 15, 2023
TIME OF HEARING: 10:00 AM
You may appear at the hearing or provide written comments by sending them to Erika Ramirez at erika.ramirez(a),temeculaca.gov. Any comments received prior to 10:00 AM on February 15, 2023 will be included as part of the record.

If you challenge this action in court, you may be limited to raising only those issues you or someone else raised during the public hearing described in this notice, or in written correspondence delivered to the City of Temecula at, or prior to, the public hearing.

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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)
[email protected]
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
In Re OAH Case No. 2022051021
The Bank CITY OF TEMECULA'S CLOSING

ARGUMENT
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CITY OF TEMECULA'S CLOSING ARGUMENT

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The City of Temecula respectfully submits its written Closing Argument in this matter.

I. INTRODUCTION
The Bank is not happy with the permitted operating hours set forth in the current Conditions of Approval for its Conditional Use Permit ("CUP"). Rather than go through the proper process to modify the CUP, i.e. by submitting an application to the City for a minor modification to the CUP, The Bank chooses to violate its CUP and has done so for the past 17 months. The Bank has also violated the live entertainment provision of its CUP (Condition No. 9, Ex. 9) and has become a disorderly house as defined in Condition No.

28.c., Ex. 9).

The City has issued over 100 citations and civil penalties, some of which were paid by the owner and operator of The Bank and none of which were appealed. Property owner Zip Third Investments, LLC has been on notice of the violations since at least August 2021.

The City is left with no other option than to proceed with revoking the CUP. Based on the evidence provided during these proceedings before OAH, including the testimony of witnesses and the exhibits entered into evidence, the City has established by clear and convincing evidence the facts upon which the Planning Director based his recommendation that CUP 07-0314, as modified by PA 08-0236 and PA 12-0041 should be revoked.

Accordingly, the City requests a decision pursuant to Temecula Municipal Code section

17.03.085 that the CUP be revoked.

II. REVOCATION OF THE CUP IS WARRANTED.

A. The City Has Complied with Notice Requirements
Temecula Municipal Code section 17.03.085 (Ex. A) sets forth the process by which the City may revoke a Conditional Use Permit. According to Section 17.03.085(A), "[I]f the planning director determines that any conditions of approval of a conditional use permit ... have been violated ... the planning director shall send notice to the permit holder and the city clerk." Judge Nye -Perkins deteUz_=Wjed that both the property owner (Zip Third 11086-0773\2714364v1.doc

CITY OF TEMECULA'S CLOSING ARGUMENT

I Investments, LLC) and The Bank's owner and operator (CNC Puma Corporation) are 2 permit holders for the CUP at issue. Deputy City Manager and Planning Director Luke 3 Watson's Notification (Exs. 13 and 14) was sent to both permit holders and, indeed, Mr. 4 Puma, Ms. Lane, and Mr. Solomon all testified that they received the Notification. 5 Section 17.03.085 contemplates a hearing date 45 days after referral of the matter to 6 OAH. Here, the hearing date in this matter (August 31-September 1, 2022) occurred at 7 least 57 days after the Notification was sent to Zip Third's agent for service of process, 8 Norman Solomon, and more than three months after the City sent the Notification to CNC 9 Puma Corporation, Mr. Puma, and Ms. Lane. The City has complied with the notice 10 requirements set forth in Section 17.03.085.

Z 0 11 B. The City Has Demonstrated 17 Months' Worth of Violations of the CUP. o
2 12 Mr. Watson explained that the current Conditions of Approval are those contained in L o
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z o 13 Exhibit 9, i.e. PA 12-0041. Condition No. 12 sets forth the current permitted operating 0 N
a14 hours, which require The Bank to close by 10:00 p.m. on Mondays through Thursdays and ,ov s 15 on Sundays, and at 11:00 p.m. on Fridays and Saturdays. It is undisputed that The Bank LL N
16 has not complied with these operating hours and that it continues to violate even after Uo
17 receiving Mr. Watson's Notification.

Nq18 Similarly, Respondents do not dispute the noise violations. Condition No. 28.c. 19 states, "Licensees may not permit their licensed premises to become a disorderly house. A 20 disorderly house is a licensed outlet (on or off -sale) that (a)disturbs neighbors with noise, 21 loud music ... and/or (b) has many ongoing crimes inside such as drunks, fights, assaults. . 22 .. The licensed premises include the parking lot. (Section 25601 B&P, 316 PC)." 23 Respondents do not dispute that the City has properly issued several citations to The Bank 24 for exceeding noise standards due to loud music. Additionally, Sgt. Josh Hephner of the 25 Riverside County Sheriff's Department recounted the numerous crimes that have occurred 26 at or are connected to The Bank, including fights, public intoxication, DUI's, and most 27 importantly, two shootings that occurred over the course of two months. The victim of the 28 January 2022 shooting was a former 666 guard employed by The Bank who was a VVVV -3-

CITY OF TEMECULA'S CLOSING ARGUMENT
11086-0773\2714364v1.doc

I convicted felon and was on felony probation. The January 2022 shooting would not have 2 occurred if The Bank had been operating within its permitted operating hours and had 3 closed as it should have at 10:00 p.m. on that Sunday. That other establishments in the Old 4 Town Temecula area also have had several calls for service does nothing to diminish the 5 criminal activity at The Bank. Respondents cannot claim The Bank is not a disorderly 6 house in violation of its Conditions of Approval because other establishments also have 7 incidents of criminal activity. Mr. Watson, Mr. Cole, and Sgt. Hephner testified about the 8 efforts the City has taken to address criminal activity in the Old Town Temecula area, 9 including forming a special task force to visit every establishment on Friday and Saturday 10 nights.

Z z 11 Finally, it is undisputed that The Bank has been using a deejay and has had drag o
0 2 12 show events in violation of the live entertainment provision of Condition No. 9 (Ex. 9).

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z o 13 Stuart Fisk of the City's Planning Department testified that the deejay and the drag show 0 N
a14 performance are not in conformance with The Bank's Conditions of Approval. ,ov s 15 The Bank is clearly not interested in complying with its CUP. Contained in Exhibit LL N
16 10 are copies of all of the citations issued to CNC Puma Corporation, the owner and Uo
17 operator of The Bank. Contained in Exhibit 11 are copies of all of the civil penalty letters 18 (as of August 20, 2022) issued to CNC Puma Corporation. Code Enforcement Officer Tom 19 Cole testified that he sent a notice letter (Ex. 14) to Zip Third in August 2021 and that he 20 sent copies of civil penalty letters to Mr. Solomon of Zip Third starting in August 2021. 21 Mr. Solomon admitted that he received some of these civil penalty letters, specifically those 22 issued after March 2022.
23 That Mr. Puma never reviewed the Conditions of Approval does not excuse the 24 violations. That Mr. Puma assumed the hours of operation did not change in the Conditions 25 of Approval does not excuse the violations. That Mr. Puma provided incorrect information 26 to Ms. Lane about the permitted operating hours does not excuse the violations. That Ms. 27 Lane did not agree with the City that the 2012 Conditions of Approval are currently in 28 effect does not excuse the violations.661r. Solomon did not personally receive from !� -4-

CITY OF TEMECULA'S CLOSING ARGUMENT
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his office the copies of notice letters that were sent to Zip Third's address does not excuse the violations. That Mr. Solomon's property manager failed to tell him about the citations issued to The Bank does not excuse the violations.

The City has demonstrated a history of violations of the CUP by The Bank over the past 17 months. Respondents cannot now challenge the permitted operating hours or any of the Conditions of Approval. As Mr. Watson testified, the time to appeal the Conditions of Approval have long passed. Mr. Puma testified he is familiar with the process to apply to expand The Bank's operating hours. The Bank chose not to apply for a minor modification and chose instead to violate its CUP.

III. CONCLUSION.

The City is not obligated to stand by while The Bank continues to violate its CUP.

The City is not obligated to wait for a landlord to take action against its violating tenant.

The City has satisfied its burden of demonstrating violations of the CUP and, accordingly, that revocation is appropriate in this matter. Therefore, the City respectfully requests that OAH issued a decision pursuant to Section 17.03.085 that the CUP is revoked.

Dated: September 6, 2022 RICHARDS, WATSON & GERSHON
A Professional Corporation

JENNIFER PETRUSIS
JET4NIFEk PETRUSIS
Aubmeys for Agency

CITY OF TEMECULA
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CITY OF TEMECULA'S CLOSING ARGUMENT
11086-0773\2714364v1.doc

1 PROOF OF SERVICE
2 In Re The Bank
3 OAH Case No. 2022051021
4 I, Mary Greer, declare:
5 I am a resident of the State of California and over the age of eighteen years and not a party to the within action. My business address is 350 South Grand Avenue, 37th Floor, Los Angeles, 6 California 90071. On September 6, 2022, I served the within document(s) described as:
7 CITY OF TEMECULA'S CLOSING ARGUMENT
8 on the interested parties in this action as stated on the attached mailing list. 9 10 X❑ (BY ELECTRONIC SERVICE) By submitting an electronic version of the document(s) to OAH through their user interface.
11 I declare under penalty of perjury under the laws of the State of California that the 12 foregoing is true and correct.
13 Executed on September 6, 2022, at Los Angeles, California. 14 15 q*4A�Y--IYIL�
Mary Greer
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PROOF OF SERVICE
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SERVICE LIST
Via E-Service Via E-Service
Craig Puma Elizabeth L. Martyn
28645 Old Town Front Street Tyler Sherman
Temecula, CA 92590 COLE HUBER LLP
cpumavi(kgmail.com 2855 E. Guasti Road, Suite 402
Ontario, CA 91761
martynlaw2000 kao 1. com
tshermangco lehuber. com
rbolin(kcolehuber.com
ssariswold(kcolehuber.com
Attorneys for ZipThird Investments LLC
Via E-Service
Thomas Callaway, Esq.
43537 Ridge Park Dr.

Temecula, CA 92590
tomcallawaygverizon. net
Attorney for Amanda Moore and CNC Puma
Corporation
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PROOF OF SERVICE
11086-0773\2714491v1.doc

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EXHIBIT 1
EXH 1 - 0001

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.

EXH 1 - 0002

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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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. 0071
EXH 1 - 0004

EXHIBIT 2
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Temecula, California Municipal Code
Title 17 ZONING
Chapter 17.03 ADMINISTRATION OF ZONING

17.03.010 Purpose and intent.

The purpose of this chapter is to outline procedures for the processing of land use permits and other discretionary approvals. Table 17.03.010 (Approval Authority) identifies approval authority for the various planning, zoning and land use permits issued in the city.

Table 17.03.010
Planning and Zoning Approval Authority
Application
Administrative
Planning
Planning
City
Approval
Director
Commission
Council
General plan amendment
Recommendations
X1
Zoning amendment: text
Recommendation i
X1
changes
Zoning amendment: map
Recommendation i
X1
changes
Zoning amendment: specific
X1
plan, includes specific plan
Recommendation
amendments
Conditional use permit —existing
Xl2
building
Conditional use permit with a
X1,2,3
X1,3
development plan
Development plan
X 1
(10,000 sq. ft. or greater)
Development plan
X 1
(less than 10,000 sq. ft.)
Major modifications
X2,4
X1,4
Minor modifications
X2
Administrative development plan
X2
Home occupation plan
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Minor exceptions
X2
Sign permits
X2
Sign programs, including sign
2 X
program modifications
Temporary use permits
X2
Variance
X1
Accessory dwelling unit
X5
Hillside development permit
X1
Notes:

1. Requires consideration at a noticed public hearing.

2. For matters that are considered to have special significance or impact, the director of planning may refer such items to the planning commission for consideration.

3. Conditional use permits without development plans are approvable by the director of planning. Conditional use permits with development plans are approvable by hearing body required for the development plan.

4. Major modifications of projects which were approved by the planning commission or city council shall be considered by the original approval body. Increases in building square footage that results in a building larger than 10,000 square feet shall be considered by the planning commission.

5. State law requires the administrative consideration of secondary dwelling units. These applications cannot be promoted to the planning commission.

For a development application that requires more than one permit or approval, the approving authority for the entire application shall be the highest level of approval for any portion of the application. (Ord. 22- 01 § 4; Ord. 10-07 § 4; Ord. 10-05 § 2; Ord. 08-15 § 2; Ord. 03-06 § 1; Ord. 03-04 § 8; Ord. 02-12 § 3; Ord. 02-11 § 3(G); Ord. 99-24 § 5(E); Ord. 98-19 § 4; Ord. 98-18 § 4; Ord. 98-10 § 2; Ord. 96-19 § 2(D); Ord. 95-16 § 2)
Contact:

City Clerk: 951-694-6444
Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use. 0074
EXH 2 - 0007

EXHIBIT 3
0075
EXH 3 - 0008
11086-0773\2711254v1.doc

Temecula, California Municipal Code
Title 17 ZONING
Chapter 17.03 ADMINISTRATION OF ZONING

17.03.090 Appeals.

A. Purpose of Appeals. The purpose of the appeal procedure is to provide a general method of recourse for persons aggrieved by or dissatisfied with any action by an administrative agency of the city in the administration or enforcement of any provision of this development code or to enable a member of the city council to bring the action before the city council for decision.

B. Decisions Which May Be Appealed to Planning Commission. The following actions may be appealed to the planning commission:

Actions by the director of planning on approval of development permits, conditional use permits and extensions of time;

2. Actions by the director of planning on the approval of sign permits;

3. Any other action by the director of planning for which an appeal is authorized by the code.

C. Decisions Which May Be Appealed to the City Council. The following actions may be appealed to the city council: All decisions of the planning commission.

D. Filing Procedure. Any person aggrieved by or dissatisfied with, or excepting to any administrative decision, which an appeal to the planning commission is authorized, may appeal from such action by filing a written notice of appeal with the city clerk within the time required by this section. The city manager or a member of the city council may file a written notice of appeal of a planning decision on the basis that such action is of sufficient importance to the city that it should be reviewed by the entire city council. In making such an appeal, a member of the city council is not taking a position in favor of or against the action or any portion of it and is not deciding or committing to a vote in favor of or against the action or any portion thereof.

E. Notice of Appeal —Time Limit. A notice of an appeal by any individual, who is aggrieved by or dissatisfied with a decision on an application made by him or her or in his or her behalf, or with any action, order, requirement, decision or determination, or a notice of appeal of an action of the Planning Commission from the city manager or a member of the city council, shall not be acted upon unless filed within fifteen days following the date of action taken by the approving body.

F. Notice of Appeal —Contents.

The notice of appeal shall set forth:
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a. The specific decision appealed from;
b. Except for the city manager or members of the city council, the grounds for the appeal; and
c. Except for the city manager or members of the city council, the relief or action sought from the planning commission or city council.

2. In the event any notice of appeal fails to set forth any information set forth by this section, the city clerk may, but is not required to, return the same to the appellant with a statement of the respects in which it is deficient, and the appellant shall thereafter be allowed five days in which to refile the notice of appeal.

G. Fee for Appeals.

1. Except where an appeal is filed by the city manager or any member of the city council, the written notice of appeal shall be accompanied by a fee, established by resolution of the city council.

2. If the notice of appeal is not accompanied by a fee, or if the amount paid is insufficient to constitute the appropriate fee, the city clerk shall promptly notify the appellant of the deficiency, and shall advise that the appeal shall not be considered unless and until the appropriate fee has been paid within the time otherwise required for the filing of an appeal.

H. Hearing —Presentation of Evidence. The hearing on appeal shall be a de novo hearing at which all aspects of the application shall be considered in accordance with the requirements of law. The hearing shall be noticed and conducted in the manner required by this code for consideration of the permit or other discretionary approval applied for by the applicant. The applicant shall have the burden of proof in making the findings required by this code for granting the requested permit or other discretionary approval.

I. Hearing —Determination. The planning commission or city council may continue the matter from time to time and, at the conclusion of its consideration, may affirm, reverse or modify the action which was taken. The planning commission or city council may take any action which might have been taken in the first instance by the administrative agency from whose action the appeal has been taken. (Ord. 14-01 § 8; Ord. 11-03 § 5; Ord. 10-07 § 13; Ord. 06-06 § 6(A); Ord. 98-10 § 4; Ord. 96-19 § 2(H); Ord. 95-16 § 2)
Contact:

City Clerk: 951-694-6444
Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use. 0077
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EXHIBIT 4
EXH 4 - 0011
11086-0773\2711254v l .doc

tity of Temecu&
43200 Business Park Drive
P.O. Box 9033
Temecula, California 92589-9033
(951) 694-6400 FAX (951) 694-6477
E-Mail: www.cityoftemecula.org

MINOR CONDITIONAL USE PERMIT
Date Stamp
(Public Hearing) P�D3/E,
Planning Application No. t�

PROJECT INFORMATION
(INCOMPLETE APPLICATIONS CANNOT BE ACCEPTED)
Project Title: t i (�� �- -T7D :13PE_ L49 Li�C,u�i�
Project } Description/Use:

Assessor's Parcel No(s): 9 aaC) C)
Legal Description (Tract, lot no.):

Street Address (es):S (fl �� E7 I.1� "ibuJ tJRo,J t S-;--ry1Ec i{�✓1 `��5^y 0 General Location: T-RONT /4 Ma-;sJ

ADDITIONAL PROJECT INFORMATION
I s-T Ir-toolz c+-runt c �?­
Total Building Square Footage: 3 r7 Total Tenant Square footage: Z*0 VLourt pc-AjpirjC - tv Zoning: Sc- General Plan:

Related Cases: %PA ns - 0
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RAApplications- Forms\WQMManddtonal Ilse Pcrmil-Minor -Revised 06-05.doc 2 0079
EXH4-0012

APPLICANTIREPRESENTATIVE/OWNER. INFORMATION
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PHONE NO. _ g ► - 5S4 - 9334- FAX NO. R5►-'SC(o - Q:lV44 ADDRESS ?a_ t�\� GA�tL%'�i G"V 71r&mU-4 C.A 9'JScl 1

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STREET CITY STATE ZIP
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I certify that all filing requirements have been satisf led for my application. I further understand that an Incomplete application cannot be accepted f r nrnrn +..� Applicant's Signature
Date: i/-.Q5 -,-LODI
I certify under the penalty of the laws of the State of California that I am the property owner of the property that is the subject matter of this application and I am authorizing to and hereby do consent to the filing of this application and acknowledge that the final approval by the City of Temecula, If any, may result in restrictions, limitations and construction obligations being�imp�os d on this recall property..

Owner/Authorized Agent Signature: _ X �/ �t �' `�"' Date: X Vy ' d (i� Print Name: X � ` � � �h L � iv � ( L � {'�'
Written aQsthorizatien From the legal property owner Is required. An authorized agent for the owner must attach a notarized it*:ter of authorization from the legal property owner.

Doaanenti
EXH4-0013

EXHIBIT 5
11:

EXH 5 - 0014
11086-0773\2711254v1.doc

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 iPlanningk2007%PAOT0314 The Bank Upgrade to Type 47 Min W821"g\DH RESOLUTION EXEMPT FROM CEQA doc EXH 5 - 0015

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-4I (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 budding and all required development features. It has been determined that the project is consistent with the Development Code and Old Town Specific Plan requirements, as related to the requested ABC license upgrade. No exterior changes are being proposed as a part of this planning application. The only change being proposed is related to the use and authorization for this existing restaurant to serve beer and wine, along with distilled spirits. In addition, the City Police Department has reviewed the proposed project and has issued Conditions of Approval.

G \P1anneng\2007\PA07-0314 The Funk Upgrade to Type 47 Min i��p,VN �o �y�a �g\D}i RESOLUTION EXEMPT FROM CEQA doe V v
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D The nature of the proposed minor conditional use is not detrimental to the health, safety and general welfare of the community.

The nature of the proposed use is not detrimental to the health, safety and general welfare of the community. The restaurant currently holds an active Type- 41license (on -sale beer and wine -eating place) which allows the establishment to serve beer and wine on the premises. The upgrade to a Type-47 license (on - sale general -eating place), which will authorize the establishment to serve beer, wine and distilled spirits, will provide an additional service and convenience to patrons within the community. The site is also consistent with the City's Development Code requirement regarding separation .of sensitive uses. It has been determined through GIS data that the 500 foot sensitive use separation requirement has been met. Furthermore, the City of Temecula Police Department has provided conditions of approval for the project and concurs with the request for the license upgrade and 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.

G %Plammmg12007,PA07.0314 The Bank Upgrade to Type 47 Min#d# nWDH RESOLUTION EXEMPT FROM CEQA doc EXH 5 - 0017

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

Debbie Ubnoske, Director of Planning
I, Kathy Simpkins, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 08-001 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 3`d day of January 2008.

KaWy SimpkAs, Sec�ary
G kPlannmp�2007\PA07-03I4 The Bank Upgrade tolype 47 R1m0Evd,8 "g%DH RESOLUTION EXEMPT FROM C:FQA doc EXH 5 - 0018

EO

ACCEPTANCE OF CONDITIONS OF APPROVAL
!, 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.

U, 1 A(,

SIGNATIE
l-/6) 0'�'
DA TE
G 1Plann{ngl2007\PA07.0314 The Bank Upgrade to Type 47 1006lanninglfiNAL COA-CUP.doc EXH 5 - 0019

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: N/A
DIF Category: N/A
TUMF Category: N/A
Approval Date: January 3, 2008
Expiration Date: January 3, 2010
WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT
Planning Department

1. The applicant/developer shalt 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.

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GENERAL REQUIREMENTS
G:%P!ann;ng%200nPA07-0314 The Bank Upgrade to Type 47 0099lanningSFiNAL COA-CUP doc EXH 5 - 0021

M
Planning Department
3 The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application, The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and 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 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.

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

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

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

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

GAPIanning120071PA07.0314 The Bank Upgrade to Type 47 h l IanninglFINAI COXCUP doc EXH 5 - 0022

11. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.E.A.D.), or received training from any other program certified by the California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 1/3108).

12. An 8. " x 11" (or larger) sign listing local transportation service providers and corresponding telepho a numbers shall be posted at a conspicuous location within the building.

Informati n to assist in the compilation of this sign may be obtained through the Temecula qp Valley Ch ber of Commerce (telephone number 951-676-5090). G �N`StA' Sz jt`

13. Re hour of operation shall be as follows: Monda rsday 11a.m. to 10 p.m., Friday 11 a.m. to aturday 8 a.m. to 11 unday 8 a.m. to 10 p.m. On holidays V� the facility sha cEose a a sale of alcoholic beverages shall cease at 10 p.m. Monday- s11ay and Sun he sale of alcohol shall cease at 11 p.m. on Fridays-e Satu days. (As amended ay~��ttes-klearing on 113108).

14. A separate building Hermit shall be obtained prior to the commencement of construction, tenant improvement oNother interior or exterior improvements requiring building permits. 15, All of the foregoing condifipns shall be complied with prior to occupancy or any use allowed by this permit.

Fire Prevention

16. Final fire and life safety condition ill be addressed when building plans are reviewed by the Fire Prevention Bureau. The conditions will be based on occupancy, use, the California Building Code (CBC), Califo is Fire Code (CFC), and related codes which are in force at the time of building plan submit 1.

17. During remodeling and/or addition constructi in ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up Q their original design and performance specifications (CFC art.87 et al). \

18. The applicant shall comply with the requirement of the Fire Code permit process and update any changes in the items and quantities app ved as part of their Fire Code permit. e These changes shall be submitted to the Fire Prevn 'on Bureau for review and approval per the Fire Code and is subject to inspection (CFC 10

19. Prior to issuance of building permit, any changes affectin the fire sprinkler system shall require a permit for the fire sprinkler system. Plans sh It be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plan must be submitted by the installing contractor to the Fire Prevention Bureau.

20. Prior to issuance of building permit, any changes affecting the fie alarm system shall require a permit for the fire alarm system Plans shall be submitted N the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitt d by the installing contractor to the Fire Prevention Bureau. If any cooking appliances ha been added and the hood extinguishing system is not tied into the fire alarm system; it will e required to do so.

G:1P1enrnn9120tD71PA07-0314 The Bank Upgrade to Type 47 M1jiyv"fanningIRIVAL COA-CUP.doc EXH 5 - 0023

11. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L E.A.D.), or received training from any" other program certified by the California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 1/3/08).
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 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 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 1/3/08).

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

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

Fire Prevention

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

17. During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up to their original design and performance specifications (CFC art 87 et al)
18 The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit.

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

19. Prior to issuance of building permit, any changes affecting the fire sprinkler system shall require a permit for the fire sprinkler system Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau,
20 Prior to issuance of building permit, any changes affecting the fire alarm system shall require a permit for the fire alarm system Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. If any cooking appliances have been added and G'1Ptanning52007%PA07-0314 The Bank Upgrade to Type 47 10001flannung%FINAL COA-CUP doc EXH 5 - 0024

Community Services Department

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

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

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

Police Department

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

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

26. Identification will be verified utilizing one of the following:
a. A valid California driver's license
b. A valid California identification card
C. A valid military identification card (activelreserve/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)
GAPIann1ng=07W07-0314 The Bank Upgrade to Type 47 � lanninglFINAL COA-CUP.doc EXH 5 - 0025

28. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and Identification checks. For this reason, the Temecula Police Department has imposed a mandatory training for all employees involved in the service and sales of alcoholic beverages. Also, the Temecula Police Department conducts an Alcohol Review Board for all new businesses with a Type 47 license. Contact the Temecula Police Crime Prevention and Plans Officer at (951) 695-2773 to set up a training date. An Alcohol Review Board has been scheduled for Wednesday, December 12, 2007 at 10:00 a.m, at the Police Mall office.

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

Applicant will ensure all new employees/management personnel are trained in the use and service of alcoholic beverages. All alcohol training is provided free of charge by the Temecula Police Department.

29. Miscellaneous:
a. After Hours: Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B&P code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00am). (Section 25632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter than the law. Those licenses are marked "Conditional." (23805 B&P).
b. Authority of Peace Officers/Refusing Inspection: Police officers, sheriffs deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer. (Sections 25616, 25753, and 25755 B&P; 148 and 241(b) PC).

C. Disorderly House: Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc., and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises include the parking lot. (Section 25601 B&P; 316 PC).
d. Entertainers and Conduct: On -sale licensees who offer entertainment must abide by the following rules: (1) No licensee shall permit any person to perform acts of or acts which simulate: (a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law. (b) The touching, caressing or fondling on the breast, buttocks, anus or genitals. (c) The displaying of the pubic hair, anus, vulva or genitals. (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus. (Rule 143.3 CCR. Also violates sections 311.6 PC if conduct is "obscene," e.g., intercourse, sodomy, masturbation, etc.) G:1Planning 20MPA07-0314 The Bank Upgrade to Type 47 tyfiinbil(anning\FINAL COA-CUP.doc EXH 5 - 0026

e. Alcohol Review Board: A review board will convene with the applicant on Wednesday, December 12, 2007 at 10.00 a.m. at the Police Mail Storefront conference room. Final recommendations to ABC Riverside will be forwarded under separate cover.

G.1Plannmg%2007WA07.0314 The Sank Upgrade to Type 47J n"lanninglFINAL COA-CUP doe EXH 5 - 0027

EXHIBIT 6
0095
EXH 6 - 0028
11086-0773\2711254v1.doc

2 PROJECT'

CLASSIFICATION
PAN --
DEVY
PR1N_^
LDCH
Project Title.

City of Temecufa
43200 Business Park Drive
P.O. Box 9033
Temecula, California 92589-9033
(951) 694-6400 FAX (951) 694-6477

MINOR MODIFICATION APPLICATION
(Development Plans & Conditional Use Permits)

PROJECT INFORMATION
(INCOMPLETE APPLICATIONS CANNOT BE ACCEPTED)
Project Description/Use:G�cxRiT
_ �ca20► CS
Assessor's Parcel No(s):

Legal Description (Tract, lot no.):

Street Address (es
General Location:

Total Building Square Footage.

Zoning:

Gross Acreage.

Related Cases:

Document 1

ADDITIONAL PROJECT INFORMATION
�Z,6 r-l—V t UA) 1 General Plan: CCU
©r11wft1 w—!,
2 0096
11t$ h S-e,
EXH 6 - 0029

APPLICANTIREPRESENTATIVE/OWNER INFORMATION
APPLICANT/REPRESENTATIVE CONTACT aO�,TLAST FIRmi.

PHONE NO. q I " O �' ��Ll" FAX NO. S I, ` J o " b(v ,3 �- ADDRESS ,:D�'�R c;,` S OLD -TOW tJ --Tej)V—CyU"- 9,590
STREET __ CITY STATE ZIP
E-MAIL a 1 a L C^^at a; ul qr\-ez com

PROPERTY OWNER
FIRST
PHONENO. o?n' 59 (�" L41
ADDRES
STREET
E-MAIL
c
mi.

FAX NO.
-l?i21A�

STATE ZIP
I certify that all filing requirements have been satisfied for my application. I further understand that an incomplete application cannot be accepted for processing.

Applicant's Signature
Date: l o - r� - or
I certify, under the penalty of the laws of the State of California that I am the property owner of the property that is the subject matter of this application and I am authorizing to and hereby do consent to the filing of this application and acknowledge that the final approval by the City of Temecula, if any, may result in restrictions, limitations and construction obligations being imposed on this real property. y Owner/Authorized Agent Signature: nazx� 0( Date: Ib — q—O� Print Name 1\460eeF�
Written authorization from the legal property owner is required. An authorized agent for the owner must attach a notarized letter of authorization from the legal property owner.

Documeni 1
111114h
EXH 6 - 0030

EXHIBIT 7
EXH 7 - 0031
1 1086-0773\2711254vl.doc

MAN,H09/m"
Planning Department
43200 Business Park Drive - Temecula, CA 92590 - Mailing Address- P.O. Box 9033 - Temecula, CA 92589-9033 (951) 694-6400 - FAX (951) 694.6477
October 15, 2008
The Bank of Mexican Food
28645 Old Town Front Street
Temecula, CA 92590
SUBJECT: Planning Application No. PA08-0236, a Minor Modification to an approved Minor Conditional Use Permit (PA07-0314) to extend the hours of operation for the sale, service and consumption of alcohol associated with a previously approved Type47 ABC license for The Bank of Mexican Food Restaurant
Dear Mr. Puma:

On October 9, 2008 the City of Temecula Planning Department approved the above referenced project subject to the following Findings and enclosed Final Conditions of Approval.

FINDINGS
Minor Modification to an approved Conditional Use Permit — 17.04.010.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 G 1PLANNINGt2008\PA08-0236 dank of Mexico Minor MOD\r;la?fthPROVAL LETTER ADMINISTRATIVE doc EXH 7 - 0032

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

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

Anyone dissatisfied with this decision or the Conditions of Approval may appeal it within 15 calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed.

This approval is effective until October 9, 2010 unless extended in accordance with the Development Code. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date.

It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 694-6400 or by email at your katie. Iecomte(Qcityoftemecula.orq.

Sincerely,
Katie Innes
Assistant Planner
Kl/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
GIPLANNINGQ00MPA08-0236 Bank of MexiM gL&WD\PIanninglAPPROVAL LETTER ADMINISTRATIVE doc EXH 7 - 0033

EXHIBIT A

FINAL CONDITIONS OF APPROVAL
SCANNED:

G DROVE:

PERMITS PLUS:

BNITIALS:

PLANNER:
0101
EXH 7 - 0034

ACCEPTANCE OF COMMONS 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
0102
DATE
EXH 7 - 0035

EXHIBIT A

CITY OF TEMECULA

FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA08-0236
Project Description: A Minor Modification to an approved Minor Conditional.U*se Permit (PA07-0314), to extend the hours of operation for the sale, service and consumption of alcohol associated with a previsouly approved Type-47 ABC license for The Bank of Mexican Food, located at 28645 Old Town Front Street.

Assessor's Parcel No.: 922-036-011
MSHCP Category: NIA
DIF Category: N/A
TUMF Category: NIA
Approval Date: . October 9, 2008
Expiration Date: October 9, 2010

PLANNING DEPARTMENT
Within 48 fours 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 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))
PL-2 The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department
General Requirements
PL-3 . The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the 0103
EXH 7 - 0036

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 small be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents.' City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense PL-4 The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval.

PL-5 This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code.

PL-6 The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to- review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances Changed circumstances,include, but are not limited to the modification of the business, a change in scope, emphasis, size or nature of the business, andthe expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is in addition to, and not in - lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review and revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon.

PL-7 The permittee shall obtain City approval for any modifications or revisions to the approval of this. Conditional Use Permit.

PL-8. The permittee shall submit a minor modification application to be approved for any exterior changes made to the building, including any fencing of 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 expirat;on 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 0104
EXH 7 - 0037

the California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 1/3/08) 1
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 shalr 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 PL-14. In the case that the restaurant manager would like to stay open past the regular hours. of operation (stated above) he/she maybe permitted. to stay open until 2:00 a.m When this occurs, alcoholicbeverages may be served until 2:00 a..m. as consistent with the provisions of California State Law. ..

PL-15 "Last call' for alcohol service shall occur at 1:30 a m. as consistent with California State Law
PL-16. A separate building permit shall be obtained prior to the commencement of construction,,tenant improvement or other interior or exterior improvements requiring building permits
PL-17 All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit.

PL-18. All previous conditions of approval issued by the Fire Prevention Bureau, Community Service Department and Police Department, for PA07-0314 shall still apply and shall be complied with, in conjunction with the conditions set forth above. 0105
EXH 7 - 0038

EXHIBIT 8
0106
EXH 8 - 0039
11086-0773\2711254v1.doc

PROJECT
CLASSYFrcAI r N
PA# / C>tz� I
DEv#
PRJ#
LDC4
r 0
City of Temecufiz
41000 Main Street
P.O. Box 9033
Temecula, California 92589-9033
PHONE: (951) 694-6400
FAX: (951) 694-6477
www.cityoftemecula.org
1j7

PERMIT APPLICATION
Date Stamp

RECEIVE
/ ee(-"O� fi n'r
E
Application Type (Check One): . 4��
❑ Major CUP ❑ Minor CUP F-VP ❑ Minor TUP r�❑ Special Event Project Title: I ti- Os C- tA i — [ ^ti -E!)-."� L. pr- I
,sessor's Parcel No(s): �Z ��� l L
Street Address (es): .28�?+5 OL-JD 'TC7,-I'07- S i
General Location: cc--�.' IF- P? a r t Q N• i L� tAoc' t ram,) General Description of Projector Event: A-P D , -n o Q G t w1 , ll r--� F" in ---
'bbiTIONAL-RROJECT IN QRMA'FItON
�3. ,y; ` �'� �..� a.���'"t� .S* Say {�.u ;.,: f. �• t
J --:J�
Date(s) of Proposed Event: t.:Q ? y'
IF
Estimated Daily Attendance of Event (if applicable):

Hours of Operation: I i \11`} ---- ' ALm
Number of On -Site Parking Spaces at Project Location: r\o 1'� F,:: -- Will food or alcohol be served? If yes, explain: -K-3L7-Vq ON tc,,C 1E; i -C--�- D '"fOIE�- F-1 R- J v tr �6-0 �; �P'c V�G u�- �o
NApplications 20111Conditional or Temporary Use Permit 2011.doc C
EXH 8 - 0040

From.2505986402 Page7111
Date: 2/27/2012 3:51.57 PM
i

APPLICANT/REPRESENTATIVEIOWNER INFORMATION
i
mc.�ra�eai=�.,r_rr. �� a• aeaaaoaeyeat---'—.-cov-.= �z-�--__. . _ �.� .

APPt.iCANY1REPRESt=?lTA7IVE L-{ roc CONTACT _• i S, l i1!� /� �r C► t Sj PHO IE NO. 9S ( - c%05 ' 1 J
FAX NO.

LAST
ADDRESS � Li "J _ �- �J '�L?W �i �O f 1C) ra L�� `l -1510 sra� rr "
1 certify that all filing requirements have been satisfied for my application. I further understand that an incamplete application cannot be accepted for processing.

Applicant's Signature._-',
Dater
AFIOAER f YOWNER (C.>� t /A �r�uT2.��.rr�
PHONE NO. ���� ' �J ifjcj f� FAX NO. 2S" 'v-`j F _ 6 q� -�---

ADORESS
E-MAIL,__-
Q!rvner C?rtifit�fiQh
lJ i certify under the penalty of the laws of the State of California that i am the property owner of the property that is the stibJect matter of tl?)s application and I am aut1wizir g to and hereby do consent to the filing Of this application and acknowledge that the final approval by the City of Temecula , i property. f
any, may result In restrictions, limitations and construction obligations teeing irnposeq on this teat Owner,Authorized Agent Signature:wt-,(.A ) f pate.

Print !lame: V`tii Q � L !_C ETA -- .... _ _ —._
rWritten avtnorizatton frorra the legal propQ3ty owner Is requlred. An authorized agent for the owner must attach a notarizecE letter of authorizationtrorn thelegal property owner, 1 1:

EXH 8 - 0041

APPLICANT/REPRESENTATIVE/OWNER INFORMATION
APPLiCANT1REPRESENTATIVEI-JFXtcAO rip CONTACT �Z4NAA (2QAk6- S LAST FIRST it1
PHONENO. ( 5\ 2�3' I�- l�j FAX NO. 0151 - Co (p - CD�J3� ADDRESS- b45 O LP-rowitJ 5:sQ0T S i , —Mmamt A , CA 9 59 O

STREET CITY STATE ZIP
E-MAIL PIAIAANII(2-- Gn)A L- IOYYI
I certify that all filing requirements have been satisfied for my application. I further understand that an incomplete application cannot be accepted for processing.

Applicant's Signature ""'� Date: P--

PROPERTY OWNER
LAST
FIRST
MI.

PHONE NO. 26 O - S9 3 - 614 r 5 FAX NO. 2.570 - 57q 8 - 6 402-- p Ave U is-WZ1�

CITY STATE
c-MAIL U.��RPP(ZD� S S1lAyJ • C1�
Owner Certification
S-I'T3
❑ I certify under the penalty of the laws of the State of California that I am the property owner of the property that is the subject matter of this application and I am authoTlzing to and hereby do consent to the filing of this application and acknowledge that the final approval by the City of Temecula, if any, may result in restrictions, limitations and construction obligations being imposed on this real property.

Owner/Authorized Agent Signature:

Print Name:

Date:

Written authorization from the legal property owner Is required. An authorized agent for the owner must attach a notarized letter of authorization from the legal property owner.

AAAppliradons 2011\Condidonal or Temporary Use Permi1201 t.doc 01409
EXH 8 - 0042

EXHIBIT 9
0110
EXH 9 - 0043
11086-0773\2711254v1.doc

city of Temecula
Community Development
41000 Main Street ■ Temecula, CA 92590
Mailing Address* P.O. Box 9033 ■ Temecula, CA 92589-9033 Phone (9511 694-6400 • Fax 1951) 694-6477 ■ www.cityoftemecula.org February 28, 2012
Mr. Craig Puma
The Bank of Mexican Food
28645 Old Town Front Street
Temecula, CA 92590
SUBJECT: Planning Application No. PA12-0041, A Minor Modification to a Conditional Use Permit (PA07-0314) for a Type-47 ABC license (on -sale general) to allow for dinner entertainment for the purpose of providing background music at an existing restaurant, The Bank of Mexican Food, located at 28645 Old Town Front Street.

Dear Mr. Puma:

On February 28, 2012 the City of Temecula Planning Department approved the above referenced project.

Anyone dissatisfied with this decision may appeal it within 15 calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed.

This approval is effective until February 28, 2012 unless extended in accordance with the Development Code. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date.

It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 506-5159 or by email at stuart.fisk cit oftemecla.or .

Sincerely,
Xuartsk, AICP
Senior Planner
Enclosures: Conditions of Approval
0111
® P•inceo on Recyc:R3RPfgNNING120121PA12-0041 Bank of Mexican Food MOMPlannmg\APPROVAL LTR doc EXH 9 - 0044

AVA

EXHIBIT A

CITY OF TEMECULA

FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA12-0041
-
Project Descrlptiotr: A Minor Modification to:a-Corrditional Use+Permit, (PA07- 0314) for a Type-47-'ABC 'license. (ori-sale general) to . "
allow. for dinner ,en e"' frimetii—Jor= .the purpose' of providing backgrbund�rnusic at an eXis ing "restaurant, ': � °' t »e
The Bank,olF McXican` Food °!located at Zti64`a''l�ld Town a
i Frohf Stree#
€,
Asseasor'"s=,Parcef No. 922=036�0 i'i
�'` ' ° �' '
MSNt✓P C,ategoty: ` N/b: € ;:

D1Fate oM - N!
-
•-TUMF CategofjT: iiV%A ;`, _ ` .z
•Approv,al, Date-,' Fet ritary 28 201
Expiratidii L}a{e Feliruary•28,�20�j4';:`. °`
ANN NG;DEPARTI
'4
GetreirJ$RecjnJremerrts:., .. k .
;,
D`art
€ :•,;
ne'a !cant, d ow er•"of. he rea roe agree to.

PP n . t l-o I? 7tysubjecttgthts�condtftorr,sJ aq'tiereby f
ind trrnliy protec(, hold ate'nIes's;nand rlefei i the C"tty.witf� t'egai Counsel ijf the CtY%� ciwn° • ..
•
selection fiorri ariy and all claims;,actions, awar6s�„judgrrfer�ts; oijjioceedirt s:against tJie. _.

Cttyto attack•,wset aside , annul;•or seek_marlefafy damages;resultirjgx cireatty=ot indirectly, from -any ac#ion `in furtt eran'ceof acid ttie= ep?rovaT City,-,6f%an' agency of jof°the
i )strumentality�tfiereof, adyiso ,agency; appealpbc�ard orieg stati�abody�including:actions f'
approved by'thevotes.of.'fhe City; concemingthPlanning�pplicatton.4_Ttie:Cty.shail.be ' deemedfor purposes of this condition, fo inelude=any agency oE]nstrdmentality thereof, or any,pf 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,
G:�PLANNING\2012tPA12-0041 Bank of Mexican Food MOD�1�n�h�FINAI COA-CUP.doc 1 EXH 9 - 0045

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 modificatldr'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 fo=reviewany 'Conditiopal Use Permit granted or approved or conditionally approved hereunder by.the'Cify, ifs Planning Director, Planning Commission, and City Councll,is iri'addition to, and riot in -lieu of; the�right of the City, its Planning Director, g:

Planning Commission, and'City CouneWto review and revoke ormodify any Conditional Use Permit approved, or conditionally:approyed#iiereun'd'er for any violations of the conditions imposed on such Conditionaj Use Permit or for,the' maintenance of any nuisance condition or other code. wolatiori,theieori 7 °
' zr 5., The permitt e shall opfatt a�# iapproval for ariy.W(jd ffrtatwh`s•orrevisicns tc therapprovat of .this Cindltioraal Use l'eIt - A
'. 6. Thetpermlttee st all.submifa mir ormodification*appl�cat,o-mto be app>oved fo'r any extenor. changes made to tfae ljulltling, �ncluding;anyfe`1 c�69.0r gates that inay be coris'tructed ,in the future.

P
?. "ibis approtiial shalibe used:withilj.two years�of the aprvat datel.otherwise; it shall become ,useehgstrliaicstruciion conterriplated'by
,null and void, is, mt'& ran
loy%e2rpenoe twwhih isthereerdtompletionthisappfova:vfye, or theFl;eginning of sub�tial utilization"contemplated: by. this approval '8. If coMmeneement of the use hds-h6t".,66c6rred-within'f4, ears°of approval of this permit, the i permittee m6yWI; an applicati©n at legit thirty clays pririr to.e�cpiration of the'Conditional Use Permit, apply for jup: io' 3.prie=yeah e�ttensions df timeR Eaeh*,eXtensJ n of time shall. be:
graritati in one iparA'ipp!emenis dn1y _
..t
j .. .
-Y. 9.. indoor din'ner.entertainrQentconi st1n6 of one ceyboat`d or,other instrUment played.witfi:one 'vocalist.for ,ttie. pul'po�se`o • providin background r�iu'sjc°: permitt6d 'daily. from noon until 1000pmt gx �`

10. Prior to an etrploye-e selling alcohol from this facilltj ,`the alcohol licensee or employer for the facility.stiall;irns&ihatifae erraployee tias received,`'Ltce �see'Edr�cafion on Alcohol and Drl.,igs i� E.A:p.}1a receivedtraln�rili'g.f. I . I ally other p`rogr m certifeci by the California D`epartnient of Alcoholic Braverage.�Control.: {As amended at Director's Hearing on 5 11. An 8.5"x 1 V" (br larger) sign listing locallransportation,service'providers and corresponding, telephone numbers shalfbe posted at a conspicuous location within the building. Information to assist in the compilation ofJhis sign:rmy be obtained• through the Temecula Valley Chamber of Comfnerce (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.ni. 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 113/08).

G.NPLANNINGt2012\PA12-0041 Bank of Mexican Food MC044143FINAL COA-CUP.doc 2 EXH 9 - 0046

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

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 safey conditions will be addressed when building plans are reviewed by the, Fire, Prevention Bureau. These conditions will be based on occupancy, uss, the - Calffecnia'8u11d n &Code BC), Califomia Fire Code (CFC), and related codes whicli are'lri,, force at.tlfe, tim;~ of buildlrig plan submittal.
,•
'ib. During ier?�odelmg and/or'addition construction ALL FIRE and LIFE SAFETY SYSTEMS'wiil; be_ cCtaintaOed Jh "working- order and up to their original design and performance. i4; - . �'specfca#ions•�CFC art $i`LLet al): - . ,

17. The applic4nt shellcbtnply with-the'requirements of the Fire Code permit process and` :update anythanges`in.the"terns and'guantities apprti`ved as pM of their Fire.Code.pemi . .

E. These cl ari lies shah be'subtnit#ed to #fi`e Fire' Prevention Bureau for rev dve andappro°val,pert the' FireCades andis subject to: inspection (CF.0 105). 18: Prior to•issuance--d 4uilding-pertnit, any changes affecting -the file%Sprinktef.sy_steriikgfiafia ` N tLqufre:a`perm' it f6-rth'e fire;spnnkie6,system. Plans shall be submitted to the Fire Prevention° ` t Bureau fora roiral. Three sets of"kle� plans 'must,'be,submitted by°#he'installing v pp , . ,
contras or to;tfii Fira•P_reveritibn bureau.,
'19:. Pr ofifci Issuance of building permit, any changes affecting the fire'alarrpsysieri sh`ail require a permit for the.fire alarm Isystem. Plans shalt be submitted to the Fire Prevention burepu fb' . approval ' Three=sets,.of-`alarm•plans, must be. submitted by: tlie, installing cQn"tractor tci jhi ' Fire OrevP t on Bureau. ' .If any cooking appliances have been. added and, the,'hood.'• i extlr3g[ ishirag 'syst6mis not tied into the tire alarm system, i# will �be required #o;do so.

COMMUNITY SERVICES DEPARTMENT
GeperalrRequ rements

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

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

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

GAPLANNINGU0121PA12-0041 Bank of Mexican Food MODS't-14NAL COA-CUP.doc 3 EXH 9 - 0047

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 beet,.wine and distilled spirits for consumption on the licensed premises. Authorizes the sale of beer acid wine for consumption on the licensed premises. Must operate and maintain the licensed premises, k as a•bona fide eating place. Must make actual arid. sub`stafntial.~sales bf meals, during the' normal meal hours that they are open, at least tine, days a week: Normal mealtimes ate 6:00 a.m. — 9:60 a.m., 11:00 a.m. — 2:00 p.m., and 6:00: p:'m, - 9:b0.'0.m. Prerrilses that ar•e not g`00 five'days a*eek,Must serve meals on the da�s.theyafe open: lininors.are' allowed ore" t :tote premises`. The applicant currently has a Type 41; (od :sale beer'a`rldawii�e). ' licant Willalso. I with City Ordinance•9 ,-07s, (9 i' fid et ecu ' • '`` •• �° PP comply ty 7 ,�( d:- T" m �e Mun�clpal.Code•
t 25. :Identification will be..venfied utilizing one of the;f61`6wing �•.T;. .'a. A.valid Califomla driver's license,
kvalid C,alifomia identification card
c, A valid military identif cation .6bfd: (active/rr serve/retired/depend'en#) d. •A valid driver's license from�any of he°fifty States qe Territoi es -of,,the t:)ttited-States A valrad"U.S. Passport r ,
rr f: A validg govemmenYissutrl `tden#lilt �atlorttli'su_d}kzy e !'edai,�tate, Gotr�itXor "City agency,
As:•noted above', only a.valid govemment?issued tdenfificbtitirl earl' iss red bra i=ederal;` State, County or City (mu agency is a`cc4ptabie, pxo —d! it,corr�plies with the f;elpW ' re wire P'
R q ments(25660Busiriessand`P'rofessio>'iCode'.):
°i .. a. ' game ofgperson
b. Date of birth
C. Physical�description
K' d. Photograph ;
` e. Currently valid (not expired)

27. Applicant will ensure all employees involvedwith 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 servide' and sales of alcoholic beverages. Also, the Temecula Police Department conducts an Alcohol Review Board for all new businesses with a Type 47 license. Contact the Temecula Police Crime Prevention and Plans Officer at (951) 695-2773 to set up a training date. An Alcohol Review Board has been scheduled for Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mall office.

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

Applicant will ensure all new employees/management personnel are trained in the use and service of alcoholic beverages. All alcohol training is provided free of charge by the Temecula Police Department.

G:TLANNINGt2012TA12-0041 Bank of Mexican Food M0i"In&1NAL COA-CUP.doc 4 EXH 9 - 0048

M

28. Miscellaneous:
a. After Hours: Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6.00 a.m. (Section 25631 B&P code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of. the same day (eiven If someone bought the drinks bbfore 2:00am). (Section 25632, B&P). Some ABC licenses have special conditions (restrictions) as to hours bf sale that are stricter than the law. Those licenses are marked "Conditiongil." (23805 S&P).
b. Authority of Peace- Officers/Refusing inspection:. Police officers,, sheriffs deputies and ABC. inyesfl6for6i, are'SW6'rn enfor'beiment officers (peace officers),w'M t.

Obwers of ti&bk, Whbther4n. plair)616t�s,qr,unlf6rm, peace offlpert havb the Iqal Nd lhiOedaO s� s
right- to VW6 Ylldpns--�ed�P're"'Mis6§--iftati�'tit-6',�-dudng.busines houi' wittioa fra"fit'of.prob6b
'"6ts,'saf6#, kitchen, oTany.othe�'
At?
area withitjithe 116*W pre I I and rebior6b)e,
-Aji6r licepsees tb exclude
0e�'publlqlrorrvsome.oieq I 0s. Hdwbier, lio ensees cannot and mbst s.
'H606h 10' n "tb--t if-C8, -6r.a ult (Sections
#.peace MIL (Sect]
8�,a 1 C).

C. UtsoMe4-y-'H6iise::,�tlibeosi66i
May riot' permit Weir llceris6d premises to become a
let
160d iii6ilc, loitering, litte ng,*vandallsiri, urinatjorj or Mecatidn ffifflAo :4w zibl has Yiia6v ongoing C&n�k,� lnqitiA such nez- fjrrjn c Z I Tfip lid6irij�"6d­`p'rerfilses intrude the'
K4.rotf&A nbTco, e c.
316,PC),;,-
parklrgplot 601 SO,
d.ntertainat`adririt;,Cfn(e licensees wed offer entertainment must abide b"f . 'Uld$ ojnsee� permit 6ny,�perso'ri t pbrform q
the f6llbWlnij�'r )'�tjJU J19 -sh6lF 4
�001,rse; ma�>turbatlbn, sbddmyi
Cts-, of or
)"HM6
c I dw, (6)-JhV
opu16tIqn;,,,!l0g 1101 -acts, WM�6-"cp prof �y
66ft6cks`,-'Alf�'O�"genital' Yhe
to4qh1rig, -c6-tesp1,nq von'the' brdasl�- s (c):
d s-61avind6f fta q?, enffn 04 nmvi4E1r%Y1-z of
=sW5dM 16n ik;O�is a 6XWV1Uttodks- a rb expos�qd to
fi � ' Aa: vl'eW-s;hAV,P;"b . stage atieaiii,�i'gin'dtC�s'&66v,P'ihelinrried!4tefl6.or . F-1, $- hV 8Vdial:14W, 'trb If` "' nsee, shall 'Iem It
Iev6laWr0Tn! ldast�s3k, 'om the nearest pa on,. N ice
,any pefs8ii"f6 remain in �r upqri: t h6 iicens6d premises who exposes to public view any portion of his )Rfher e'h'JtWs,-qranus, (RuI6,14�.3,G-R. Moviolates -sections e Intercourse', sodomy, masturbation, etc.)
's66he",
e. Alcohol Review Board: A review board Will convene with the applicant on Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mail Storefront conference room. Final recommendations to ABC Riverside will be forwarded under separate cover.

GAPLANNING\2012NPA12-0041 Bank of MeAcan Food MOd"46NALCOA-CURdc 5 EXH 9 - 0049

EXHIBIT 10
0117
EXH 10 - 0050
1 1086-0773\2711254vl.doc

tA
CITY OF TEMECULA (951) 3024144

CODE ENFORCEMENT DIVISION

NOTICE OF VIOLATION
ADMINISTRATION CITATION CASE No.. ---. 5879
1*1 200 3rd PENALTY PERALTV PENALTY
MUNICIPAL CODE VIOLATION $60.00 W0.00 $260.00
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OFT-IGIALS SIGWIURE�
See Reverse Side of Citation for Further Instructions
0118
EXH 10 - 0051

CITY OF TEMECULA (961) 302-4144

CODE ENFORCEMENT DIVISION

NOTICE OF VIOLATION
8 8 1
ADMINISTRATION CITATION CASE NO-2.' . . .......................

Ist 2nd Jtd

PENALTY PENALTY PENALTY
MUNICIPAL CODEVIOLATION $50.00 V110,00 $260.00
See Reverse Side, of Citation for Further Instructions
0119
EXH 10 - 0052

CITY OF TEMECULA (951) 302-4144

CODE ENFORCEMENT DIVISION

NOTICE OF VIOLATION
ADMINISTRATION CITATION CASE Na......................._...__.....»`.....-........

PENALTY PENALTY PENALTY
MUNICIPAL. CODE VIOLATION W.44 8140.00 $,85O.00
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See Reverse Side of Citation for Further Instructions
0120
EXH 10 - 0053

CITY OF TEMECULA (9,51) 302-4144

CODE ENFORCEMENT DIVISION
NOTICE OF VIOLATION '5 8 8 11
ADMINISTRATION CITATION CASE No.,--.............. ­
. . ­­11-111.1-1-1111-1.1
im 2nd Ord
,'CNALTY ,,ZUY KNALTY
MUNICIPAL CODE VIOLATION UO.00 $Imw WS0.00
See Reverse Side of Citation for Further Instructions
0121
EXH 10 - 0054

CITY OF TEMECULA (951) 302-4144

CODE ENFORCEMENT DIVISION

NOTICE OF VIOLATION
ADMINISTRATION CITATION CASE No. ...........
_._

PENALTY PENALTY PENALTY
MUNICIPAL CORE VIOLATION W.m $150.00 t250.00
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CORRECTION i2CQURC- .:.F.r ,` e b qo
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CITY L:Ni'Qft:'k;.htEN"i s,_ :M{PL YEE NO.

OF±�IC'IAL" 9it::NA'(Lti)E:; �, a as,pypg
Ftcvt?rsL SId6, atio of Citn far Furtf)'er Instructions 0122
EXH 10 - 0055

CITY OF TEMECULA 951 302-4144

CODE ENFORCEMENT DIVISION
NOTICE OF VIOLATION 58,13
ADMINISTRATION CITATION CASE No.

Ut 2nd 314

PENALTY PENALTY PFNALTV
MUNICIPAL CODE VIOLAVON M.00 Wom $M.00
See Reverse Side of Citation for Further Instructions
0123
EXH 10 - 0056

CITY OF TEMECULA (961) 302 044

CODE ENFORCEMENT DIVISION

NOTICE OF VIOLATION
ADMINISTRATION CITATION CASE No . .............. ............ . ... ....

W 2.d 3,d

PENALTY PENALTY PENALTY
See Reverse Side of Citation for Further Instructions
0124
EXH 10 - 0057

CITY OF TEMECULA (951) 302-4144

CODE ENFORCEMENT DIVISION
NOTICE OF VIOLATION 1" Cl '-'
I" tad Nd

PENALTY KNALTV KNALSY
MUNICIPAL CODE VIOLATION 5.50.00 sisobo $250.00
Sep Reverse Side of Citation for Further instructions
0125
EXH 10 - 0058

CITY OF TEMECULA
CODE ENFORCEMENT DIVISION �t��9) �o2-(�aa
NOTICE OF VIOLATION `� 9 i
ADMINISTRATION CITATION CASE. No.-
..._.._
PENAL.7Y PENALTY PENALTY
MUNICIPAL CODE VIOLATION 450.00 slW100 MO.00
..........
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See Reverse Side of Citation for Further Instructions
0126
EXH 10 - 0059

6(�j , 3221
CITY OF TEMECULA (1,451) 302-4144

CODE ENFORCEMENT DIVISION
NOTICE OF VIOLATION 5 9 7 9
ADMINISTRATION CITATION CASE No. ........ ---
KNAi.TY KNAIXY PENACrY
MUNICIPAL CODE VIOLATION SISOM $1moo $250.00
0127
EXH 10 - 0060

®r b -7
UAJ 0-7/0
CITY OF TEMECULA (951) 302-4144

CODE ENFORCEMENT DIVISION
NOTICE OF VIOLATION G 97 7
ADMINISTRATION CITATION CASE No.

PENALTY PENALTY PENALTY
See Reverse Side of Citation for Further Instructions
0128
EXH 10 - 0061

CITY OF TEMECULA (951) 302-4144

CODE ENFORCEMENT DIVISION
NOTICE OF VIOLATION G 98 1

ADMINISTRATION CITATION CASE
Ul 2nol l(d
PV,NPIUY KNALlY PeRWY
MUNICIPAL CODE VIOLATION S5O." SI5o,00 $250.00
Se , -w Reverse Side of Citation for Further Instructions 0129
EXH 10 - 0062

CITY OF TEMECULA (951) 302-4144

CODE ENFORCEMENT DIVISION
NOTICE OF VIOLATION 9 8 6
ADMINISTRATION CITATION CASE No.
161 2nd and

PENALTY PENALTY PE NALTY
mumnimi ronP Vim ATInN V".00 stsnm S25t W
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See Reverse Side of Citation for Further Instructions
0130
e
EXH 10 - 0063

CITY OF TEMECULA (951) 302.4144

CODE ENFORCEMENT DIVISION

NOTICE OF VIOLATION
ADMINISTRATION CITATION CASE Nn. G987
. ....... . . ............ . . ..... —.—
IVI 2nd aml

PENALTY PENALTY PENALTY
See Reverse Side of Citation for Further Instructions
0131
EXH 10 - 0064

CITY OF TEMECULA (951) 302-4144

CODE ENFORCEMENT DIVISION

NOTICE OF VIOLATION
ADMINISTRATION CITATION CASE No....._....._G' 9 3
............ ...

M 2" 3

PENALTY PENALTY PENALTY
MUNICIPAL CODE VIOLATION mo 00 5 150.00
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See Reverse Side of Citation for Further Instructions
0132
EXH 10 - 0065

CITY OF TEMECULA (951) 302-4144

CODE ENFORCEMENT DIVISION
NOTICE OF VIOLATION 6989
ADMINISTRATION CITATION CASE No............... _
i� ��_..._»_ ............... ... ...,_...

DATE '.. TIME., � DAY OF HE WEEK:

WfI
NAME' (First, Middle, Last) 1`` [
ADDRESS: Pj D 0 , � j0 E
QMA
GIFY:

STATE: . ZiP'
THER
CD . INFO:

I,,,I" BUSINESSOWNF..R ('j BUSINESS OWNER
LOCATION OF OCCURRENCE:

Vf.IilCt.f MA
CgRRyEC%j7' VIgLA'CTt1N5 "
E:

MODEL.:

PLATE:
181 xnd 3ra

PENALTY PENALTY PENALTY
MUNICIPAL CODE VIOLATION 950.01) 1160.00 MOM
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C3FFkGIALSIAL3 SIGNATURE.:

See Reverse Side of Citation for Further Instructions
1 EXH 10 - 0066

CITY OF TEMECULA (951) 302-4144

CODE ENFORCEMENT DIVISION

NOTICE OF VIOLATION

ADMINISTRATION CITATION CASE
D A �
:Vz
TIME! � � *
-»-- ..-................

DAY OF THE WEEK
NAME: (First, Middle, Last)
ADDRESS:
r+' OLD lwt�
CITY: A
STATE:

ZIP;
THER
CDt . INFO:

I' BUSINESS OWNER (3BUSINESS OWNER

LOCATION OF OCCURRENCE, CORRECT VIOLATIONS
• �e i� � BY: � Fd>r �
VEHICLE MAKE i
MODEL:

TE_..._............._
PIAt
VIN:
tst tad 3rd

PENALTY PENALTY PENALTY
MUNICIPAL CODE VIOLATION MAO 515O.00 r1m.80
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TN�8.77.020 (f,
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See Reverse Side of Citation for Further Instructions
0134
EXH 10 - 0067

CITY OF TEMECULA
CODE ENFORCEMENT DIVISION (�}�T)��sn�-�tina

NOTICE OF VIOLATION
ADMINISTRATION CITATION CASE No.

DATE j[�{i�} j{� ///{jjj pfp] TtME: A. D�A"Y'' OFF THE WEEK:
4Yr[� —
N.... iT"._WM1.'_�.M._t. ^:. �..�-...dam.............
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CUL.INFO:

SINESS OWNER f.:)BUSINESSOWNER
jLOCATION OFOGUUHRENC
CORRECT VK)tATIONS
VEHICLE MAKE:

MODEL:

1.1 Z w 3ra

PENALTY PENALTY PENALTY
MUNICIPAL CONE V161 ATTON F:Rfl_r SIMM SIMM
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CORRECTION REQVIS- :

WW
Rag
T I ifin -mAt-
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Gi-Yi ENFORCEMENT °' it �/�As�W .. NO.

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S1E'sNAYT:t'tt f l i
See Reverse Side of Citation for Further Instructions
0135
EXH 10 - 0068

CM OF TEMECULA (951) 302-4144

CODE ENFORCEMENT DIVISION
NOTICE OF VIOLATION 9 ("'t
ADMINISTRATION CITATION CASE No. ........ .... .. . .........................

IM 2.d Ird

PENALTY PENAOY KNAOY
MUNICIPAL CODE VIOLATION "0.00 Slul.00 S260.00
See
ee Reverse Side of Citation for Further Instructions
0136
EXH 10 - 0069

CITY OF TEMECULA (9151) 302.4144
CODE ENFORCEMENT DIVISION _
NOTICE OF VIOLATION 6997
ADMINISTRATION CITATION CASE No.

PENALTY PENALTY PENALTY
See Reverse Side of Citation for Further Instructions
0137
EXH 10 - 0070

CITY OF TEMECULA (961)302-4144

CODE ENFORCEMENT DIVISION
NOTICE OF VIOLATION 6999
ADMINISTRATION CITATION CASE No... ........ ... . . ........ . ........... —

PENALTY PENALTY PENALTY
MUNICIPAL COOS VIOLATION flsom $150.00 f,250.60
...............
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See Reverse Side of Citation for Further Instructions
0138
EXH 10 - 0071

CITY OF TEMECULA (951).302-4144

CODE ENFORCEMENT DIVISION
NOTICE OF VIOLATION 6926
ADMINISTRATION CITATION CASE No . ........ ....
.........____....._..__....__
1s, 2nd 3rd
PENAtTY PENALTY PENALTY
MUNICIPAL CODE VIOLATION 55n.P30 $150.00 5250,00
3 TMC S.070,10
BUSINESS U('PNS€ RE01PA )
2 Tin 6.12020 (1'
GRAFH

0.12.020 JR,
OWTIGROINN DECAYED, OEAO, 10 AROOOS VEGETATION
L
rw, , 6.12020 (k)
TPASH mgm, ETC.
5 {FMC S.38.G20{Nt
COM?M&R,'IAL V(�}11CLE 3Pd RE53OENiTA1 TONE'
ry
0 ThiC 6.32.025 (R)
VEHICL€PRAIIWISM/KOW J
7 YK V, MR0 {W)
-UNHEALTHY. OR UNSAFE PCIOL
B
TMC$.32.0M(Y)
_—...._............... _...

ENCROACHMENT ON PUBLIC RIGHT OF WAY
}.._..... _......... ........................ __........ __._......... .................... ............ ._.............. ..................... ..................... _........_.....................
................ ;
9 TMC $.Y32G0
i 5TOi!A#WA4:'iyTRB7dd_RUHDtf
sp
TMG 109Gis0
s7NA11TH'i11x4OPA..... sx
It
i\IS iO.iG t O OB
FIRE, NE € P PROtOBTiLJ PARN€NTi
12 Y}aG fO.1G J20
PNYK'c01HAI.OAL`3N0 TONE
13 PAC 10.32.tfi6

INOYERMT VOWLE IN PUBLIC VOW
.........
1A
....
_........................_..
7PdC 18.0'r.0 0
_._..._._.__ i _
$Oil01Nu P'cghi(f RF.Oti1HEt _ .mm ........,,.,...�..... ..w.....�.....--..-......._.
1 sE
TIRC I?,04.010
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.
..i..........
��
-sA
`:E
T?6C 3?,04.OT0
TEMPtiPA4N USE. Pr".Rhflli' R@OUiRFit
_. •.,,•••
IN PARK!NE
.�
�3B ilY:17Xd:'�l(i3;(3ji PAli,CN{i t7M Si1RFACE UF7AI'W30YT;0 .....__...................._, ... _._.__.._,_.
.... hEiYtAt( 39 TA#4 `:9.;B.DsO ....... REOiiIRGU
510N
20 TMC 11 M.W0 PRINWIEDS€GN'a
t
S:fiN UFiE. � per°^
'
COR�iRECTION aU�N8fl.
`t,� T - 1 :;
0 A -M 41,0 0j
OFFoily ENFORCE MENT w + /�' _......_ >'4C 'ENO.
-ICIA-1. SI(3NATUFYE _.. .a—_.{ w,,.—___—....._........ .....__..........— `� See Reverse Side of Citation for Further Instructions
g �� —
139
EXH 10 - 0072

CITY OF TEMECULA (951) 302-4144

CODE ENFORCEMENT DIVISION

NOTICE OF VIOLATION
ADMINISTRATION CITATION CASE No, ___. _�.._...—
... G4 t �71M1=_..F AM I)AY()FTH EF�C:�
l✓4
NAME: (First, Middle:,,last) f
Npr._..:

ADDRESS:
is oco
CITY ...._". _._
STATE:

ZIP:

THFR
COL: INFO:
(}DLlSkNE59t)YJNER ()DUSINESSOWNER
I.00ATiON Of OCCI IRRENCE
CORRECT V51LATI©N4
BY 1__._._
T
_.....__._.......... .................. --T----- --- .

MODEL:

VEHICLE MAKE:

PLATE:
131 1nU 3fn

PENALTY PENALTY PENALTY
MUNICIPAL CODE VIOLATION s10.00 $150.00 szs0.00
7 TASO5.04.',430
(tUfifffES"a LY'T:N:iE SCOUIRC77
3 -
,. .4
TR9C S:i1 E20 iNl
7b4031 QN(kl
04E...... N CL(,AYiO, DFAp HAZAPDUilS YECFTATIGPf
Tf(ASH Dkt?giS (:i(
_
5 fA9031...r?O iNj
CGFAMcAti?I. 4T.ki4Lk !'d RfG70FNf[A;, 7iif7P
1 5
7F.SC&92.ON (Aj
:'E#ilftE kikPAllL•Y;ISMA#R1;Ni+
W01EALWY 0 UNSAFt POOL
8 YbiC is.92.02E {Yi
EffG#?pAGI{MFNT GN PUBLIC 17iu1(Y GF WAY
i
4 TMCa&F,E#i
WIRM WaHRA1Yi01W RUNOFF
�p
7K W16,1A

UNAUTIMFWTO WWI
:,I W;10.IrAa-a FIRE iA'.R, UR PAOFIVI '0#?V?KttNG
....... ..................... ........... ............................................_........................................... .................................._............—._..._..................._._. _...__.
12 TMO 10.76.37E "ARiLU NA LOADING TONt - -
t3 'fMi:1U.5'idBC INOPERATME V(fflCLE IN PUBlJSYffW
_...._............ _..... ..._.,_..... _.______..__..,,...._.._.._..._.___..._..,...,._,............._.................... 74 TMO t5.0a.0tG BUILDING PEflMtT FE.W f)
...... ____....,.,,.._._,.»...,............,._.......m......_..._......._................................................. ...............�% 7 y T6§P; il.09Dt0 OONOITiONAl. U3F. I'F:RMfT ftF.Gi1fBED a� 78 Ih§t; tY.Oa.BFi! Tti.Nifr{?RAT!Y ti:fE' PEAMiTfiWWREI.:) 97 3TAC I1.2d.029;G)(#, flVPA111,11O
tt PARK03 ON SURWA EUNAkY)ftG4EG ,y
#9 fWI1.23.63E 511"[N FLR#ATiREDUH§F#)
...... ..................................................... ............_......................................................................_.........__..........._ .._....___...._._ _....— ,„„,..... 2(t iMC V_29,,iifi0 PfiOtWrITED$ICNG .....:.T
SIGNAT '1i" {iw�«f <W
CORREC:TION�pREQUiR#Ft):
............... .,... ..........,..,..

CITY ENFORCEMENT «,�,., 7Pl,E)i'EE hi(i.
()FC 1C.At:i S#GNfdATil,
See Reverse Side of Citation for Further Instructions
0140
EXH 10 - 0073

IN
CITY OF TEMECULA (951) 302.4144

CODE ENFORCEMENT DIVISION

NOTICE OF VIOLATION
ADMINISTRATION CITATION CASE No.,.,..- �,.

TIME DAY OF THE MCI(:
....M x�x ir� v ...

N ' (First, Mlddi9, tafil) •� _/\\ f'%
ADDRESS:

Lo
CITY., STATE. ZIP
oTI lER( pt.. INFO;
{.BUSINEu 0.W R nBUSINESSOWNER
_.......

LOCA.ION OFOCCEif'6 F(ORiECT VIOLAT IONS t
r1Y....._ ...... . ..

VEHICLE MAKE. MODFI.;
PLATE;
VIN:
9e1 xaa 3
10 PENALTY PENALTY PENALTY
MUNICIPAL CODE VInLATION 8.40.Oa 9I50.00 9250.00
.._.,......r........_......__......
f
YMC S.Ud:0i0
....._...._,..__.....__.,._...__....__......._..__._....._.._..,.,....._................................

BUuiNEs UCCNSE'iiiU:il1'ig.0
.. ....................
.........
. ..................
.....................
2 ....._�.._.._.__.__...,,.

TMC8.92.020p')
GR4YEYII ............. ...
....
_
9 TMC 0200i)
._.___.____......._......__....__._....,....__..........

GVERGROV(N, UECAYI:O, OEAO, tii7AFtA0l!S YE.UF: YAY}ON
... _........_—'
8 TMC 8.12.02k (
Tt?ASH, OEURIS, ETC.
5 TMC0,12.fY20 (M}
CUMMERCIA1. 4iAfiC}E IN RESU..NY!AI. ZONE '
8 TTAt; 8.1?82U lTrI
VEtiiCLE REPAidt•'UI5MANTkING
7 TMi:8.12JIM Mt

UNNEALTIYYORUNSAFEPUOL
i 8
TrdC Of,
....... _
ENCROAChIM[NT ON PUOI.1G YilG} OF ViAT
...___.. ..... ......:.: .....................
.
.......
3 9
TMC 828.?fkT
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1JNAIFHOaREU PA}YRIF.(i
9 t
TM% 10.58.11}C$
fiRE EANE.OR PNOH}...... P......

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TMC W.WA ZO
PARKED IN A LOAOM &NE ........... _._
......
—.._....._..__..___.
.._.__...._.._
.......... .....
i3
.................................

ThiG 10.416
........._....................m......... .._......._m.._......................._.._...... _.__ INOPERATN6 VENICU. M} PU8t1C VIEW
........... _......................
14 TMG?S.W.010
.......... , M. _.........

WILDINU PERMYY REWIRED
iG
T 117.W.O1U
CDNDITIONALI/SE PERma REOUIRED
It;
T}hf 17.01.p20
TEf6PORARY UBE PEfiMIT }ifOUiNE(t
LW, pd 4rfC:,TiI(i
Is
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,....,.....
1 ;172di„ };tJ;S„
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_...................... .q........
....... _..... ...
................ ....

IT+
__..._...._.

TMC Y7.28.GUU
........ ........... ............................ ..........___..:...,.,................__.._.._......................................_............._.....

SIGN YE!iMiY REOUI(tEU
i
20 TMC 17.28.04U
PRUIi18tYkU SwtiS
.....____W............... ..... .... .......................................... ....,,........

SIGNATURE::

CORRECTION REQUIRED:
«f.
�^y,
v-1 T ✓
CITY ENFORCEMENT ` �"•. _....:.,,._ ........_�_ F.'MPU:}YE::E! NO.

OFFICIAL.) SIGNATi1RE: ..

See Reverse Side of Citatior dr Further Instructions
0141
EXH 10 - 0074

CITY OF TEMECULA

CODE ENFORCEMENT DIVISION

NOTICE OF VIOLATION
ADMINISTRATION CITATION CASE No.
(901) 302-4144
5845
TIME: j... -. - DAY OF- WEEK:
.J 71t PM
ME: j0itst, Middle, L031)
Vj
:

ADDRESS:

CITY:

STATE:

ZIP:
rIER
4 J
COL. INFO:
r'..
"jBUSiNESS ER
_ _rjBUSINESSOWNER
RTcWi6N OF OCCURRENCE:

CORRECT VIOLATIONS
BY::, ;.
:.__............_........._-.._
VEt iICLE MAKE:
_..... _............. _
MODEL
_..-...�.,�,�._-_....

PUaTE
—-_........ _.._�
.............
.......... ._.__.._._......... _....

VIN:
. .....
iac znn sro

PENALTY PENALTY PENALTY
MUNICIPAL CODE VIOLATION $50.00 $law S2w.00 -
3 .050HUSINESS
T�A�!4ACR12.{F7tiRA[FIT1.........E....ON.............._..-.... tMSE REG.NtEO-��w _
...................r—
v
_.�....:.........._.._.._......................................._...._.............._.�...__...__.......4214CU1202 FNASfi, OE�Utri, ETCKS:DENiT.0
Z0W_
6 TMC A.ILUYO{Ai
m
VENCLEREPAR1f.N3WURM
..........._
...............
...
7 tMCt 2.U20{Yi)
mItEAEITIY OR txSAFE POOL
...g
TMC 0.i2.OT6 {T1
ENCROAtlPAfldrpCR-OR10fWAY
9 TW. R 202W
STORM WATENWU AN RUNtt I
10 Tw I&IIII30
INALMR.lFOPARAs ..w,.....,_..
_
r i
T51C f0 ifi s0 i'
V R(" AIM cm P'itlffiUlTE.[3 P4RX0aYi
-
.
1Z
....

T.W 4.10:i20
PARKEOINALOM-%' 0AE
'
._._._
13 ....._.__......_..._.._
T:AC SU.32.1G0
_.._............._._.._._..... __.......... ... ____. ..... 9i0PERATMi V'EW6'LE iN FNRLKI TV
_
.......
0t* Hi iPERMITREOUIREO
414i.�-7CIi:ii-tli0
C l5iU10
GO 4W.i AI USE PEWT REGUM-0
17a74k20
TEM!I]iWRY1SE FEMI7 REOIft-3 -
17 ..

Tt1C 11,240Mj1i
...-.....----_..-.....e................ -_...__.-......................�__�....,_._.___.

RV PARiONG -
..-...._......_
.._..
13 RVIt24iij.,4 j

PARXING ON SURFACE UNAPPROVED
10 TMC 1'211.030
SIGN PF.RW RE0UR1E0
2D
TWI728.010

I MIGRIIEO SIGNS -
i:ORNE(:TION REWIRED: 0
76 !
CITY ENFOrCF.MENT ` ``• w EMPLOYEE N0.

OFFIGAL^a SK+tIATORE:

See ReveWe Side of Citation taurther Instructions
0142
EXH 10 - 0075

CITY OF TEMECULA (951) 302.4144

CODE ENFORCEMENT DIVISION
NOTICE OF VIOLATION G938
ADMINISTRATION CITATION CASE No..

PENALTY PENALTY PENALTY
MUNICIPAL CODE VIOLATION $50-oo $150.00 $2W.00
GWrnl
CGNM£RCih_tVEHICLE IN TE!, o"il I - 10Nf.

E.WWANMENT ON I'OBUC , TWO WY Of WAY
T �C kO,iG a,-_U
Fig.( LAN40 MOOt OR) PARK NG
...... . . ......
..... . . ......

CIONOMONN - WE PHIMITATOwino ...............
... ..... ..... .......
. -.- . ......... . ... . .............

WARN*
""22.,;M2,2"'A''
- ........ . .............. .....................

I I, TI-1 ILI I
- . . . . . .......

MWW!�� AMP—iMvl) rt:96� tq'o�%
uo)Ge,7'�Akh -m kvkv),&V) MDO&C-crf. qr,�
CITY LNF(llR(-,eK—,,T. UK4t( A =.

INVICIALSSIGNAILIR �(:,s -
..........

See Reverse Side of Citation for Further Instructions
EXH 10 - 0076

CITY OF TEMECULA (951 ) 302-4144

CODE ENFORCEMENT DIVISION
NOTICE OF VIOLATION 6941,
ADNiiNigTRATION NTATION CASE No.
"I Rod Std
PENALly PENALYY PENALTY
MUNICIPAL CODE VIOLATION SSo.ot! $150.00 $25
0 .00
i
TtAG 5.44::F."O
UUSiNESS A.fOENSEUEGUIti[U
.... .,..,....
._........ _.__
......__
T6?G b.f'[.UTii (.
lifv'�EFri'I
?MO9. F?..s^x1fi �FFi
pVFfdfrRi7FVN, UE AYf.F).i?EAU.HA7r�.EAUUSVEGe7ATIUN-
a
?,AC
5 ?3AC 8.S2,OtO jN
GGMMCNGtAI'Y£RICi£IN RCSIUENTFAS: TOYC
G
"rMC R.f?kJA)!R;
Yr.RifF.ERf.PAniYT7GSMANYi.IIiG'
.—
_
7 TMC6.i7:0 flY?
7NFIEhI.Tt.Y UR UNSAk"E Pt±SSA.
[
O
WC6.12.020(Y)
ENCROACHM.Wr ON PUZ. MOW OFWAY
i
9 ?G".C13.2S.',a
aT lLIN, WA111K1FHRNROrI
Fu
TFrcto.A�.g;�
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urdaen+arnzEnrA�w�;G
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w_...
'i#fC IC 3C.F il i:8
. �._._: _ _......_.._._._...... _. _ ._..._ ._ .

FIRE FAN[ OR PPOKB 71..0 PAR04G -.
_. ........
�_
..

F2
HAC IUAU?2
_........ _.......

PAIKBOIN ALOAfYNGZZW
_
-
..._,_._
F3
...__...

TFF.01J 2.tQ(t
INOPERATIEVE410JANPF)t11.IC YIBY
...........
........ _............
........_'"
ik
�__.._._.__.

Tfi4C fF�.EN.OFP.
1„„„„„„„„.„„„„„„„„.„_........ .

RAlN.OIN",PERM€7 REO41RF':6
._.._..
.... _............
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75 T#dC ?jm.00
CONOMOW4. OS£ KRM.ff A"W;REU
.. ._.....
7&
_........._... _._.........
"K Fi,Od.O`2C
.._.......................................................................... ....................................................................................__......_.........__...._.._...__ 'IYMPOR"Ay USE PERIAR REOUIRED
77 ?MCI?Td.azelUji:,
iiY PARKING
FS IAV;ti2dC; 1Gii` u1 PARKFi.Q UN SURFACE [email protected] iU Th4Ct7.!&OSO SIGN Pow RfOUIRto
.._.........._._...._..........._.....__.,...»...,-................._....._..._......_._......._._......_.............__... :U TAiO 17.2�S.04„0HuftlSffEU:SA . 5 _
.
,t.....................%Fi.............. .... ....._.

Si
CORRECTION REC)UTAEt' tiJO r pw,( tc+' Yry,tF
Ykt 1B L[al�
44JJ}�
1 9
kpm�f�^'
-� eT
/Wa
,�lSj
/'
-
i + k , i.
....... __m._........

Cl IY ENFORCEMENT rJ
tJFriC€RL`i SltiNA'A Uf{E:

See Reverse Side of Citation for Further Instructions
EXH 10 - 0077

CITY OF TEMECULA (951) 302,4144

CODE ENFORCEMENT DIVISION
10 NOTICE OF VIOLATION
ADMINISTRATION CITATION CASE No . ......... . ........ ....................................

PENALTY PENALTY PENALTY
MUNICIPAL CODE VIOLATION sm.w $160.00 Orw.w
See Reverse Side of Citation for Further Instructions
'P145
-k—
EXH 10 - 0078

CITY OF TEMECULA

CODE ENFORCEMENT DIVISION

NOTICE OF VIOLATION

ADMINISTRATION CITATION
__..__...._.............._................._..........

DA7E: 11h1E;
NAME: (First, Middle, Lwst)ml
_i_............._......_.i.

ADDRESS:
(9 1) 302.4144
0 CASE No... ........................_-- �.,; ..... ........ -.,.. __.._._._..........__�-............_................ ,,, DAY OF THE WEEK:

STATE: SIP:

CDL. INFO:
j;: S OWNER ,t, t4 ESS JYNf"INr:N
: �
LOCATI7N OF 6CCU�RENCr"giRECT Vc`ID�IATfONS �•
VEHiCL.E:. MAKr:.:

P ATE:

VIM
MUNICIPAL. CODE VIOLAVON
1s1 2nd 3rd

PENALTY PENALTY PENALTY
5S AO 150.00 sa:ux.ou
See Reverse Side of Citation for Further InstrLICtionS
0146���
EXH 10 - 0079

CITY OF TEMECULA (951) 302•4144

CODE ENFORCEMENT DIVISION

NOTICE OF VIOLATION
ADMINISTRATION CITATION CASE No.
_...._....... --........... _.._.-...................................................................... _. .........................

UAjF.;_ Zv DAY OF THE WEEK:
y _.......
.._.._IR-A„
NAME: (First, Middle, Last) (;}mr-A c i i3A.f
SAD LA NboN, �� tz
ADDRESS: g�yp (`�w����qq �� j
2-64 r a f✓ 44+ t V Y M tJ
_................. ...... _.,.,_............,..........................:............. _.,...,.,,,,,.,_...........,.,...........,..,.;.,...,. _,._,.,,_._,.,....,_.,...,,._....................,...,.,..,..,..

CITY; S'T'A'f'E; ZIF':
i FiiyLC7ou LA
THER_,A ""
COL, INFO:
(jBLIVNESSOWNER QBUSINESSOWNER
...........................

LOCATION OF OCCURRENCE:
o
.................

CORRECT VIOLATIO.� 18
RY:- V :

VEHICLE MAKE:

MODEL:

PLATE:

VIN:
im -2. 3td

PENALTY PENALTY PENALTY
MUNICIPAL CODE VIOLATION 0,50,00 $160.00 $250.00
1 TMC9A4,0.10
RI!SINESSLICENSE'REOMRk'D �
2 .,.M...............................
iM08.120200}
ORAffITI
,...,...,..................................,,..,
3 TMCA.12,020 MJ

DVEHGROWN,OECAW, DEAD, RAZARUOUSVEGET'ATION
d
TMC Al2.C2q (K}
TRASH, OEBRIS,CTC.

S
1MC8.12.020(N)
COMMERCIAL.VCWICI.E'INRESIUEI7TIAI.XONE
ti
TMC A,f2.020 (ITJ
VFkiICIE fIf.PNWUISMANII.INU
7 TMC A,12 f+?.q (Wl
UNHEAlTHY OR UNSAFE M)UI.
6 TMC q.12G20 (rJ
ENCROACMME'NF pN f'URLIC RIGHT OF WAY
0 TMC A2tlYA7
uTtlHM W,ATEMIRBAN RUROkf
tU
TMC t0,l6.tg0

UNAUTHORMOPARKINO
_.
..........,....:.,....,....
f 1
ING 1(t.16.fgO,C6
.........,.c.,..,,..,.,,,,.,,,,,,,.,.,.,..._....................,......c.....,,......�...,,. fIn uk. f OH PfIpl{tdl :'O PARI(1N4
T.___......................................................................................................... ._.
.............
l e
............... ............_
TMC 10,161PO

PARKED IN A WAGING ZONE
.__...__,
13 ..............

TMC10.32TED
...._.......___....
iNOPEtTATNEVEHIC(.E.INPIIBI.ICUff.W
14 YMC iSO4010
__..........,.,._._.__......._ .,._.........._..__.___.,_.....

BUILOINQ PF.RMIF IIk'D(BRE41
.,..
..._._..,._.....
...... _...... _.
..............
15 ..�_.....�..,,..

TMC 17.(4.010
,.,..,,,..,.,.,,...-._..__.._._.�..._.._...._........__�......

CONDITIONAL t}Sk' PE'RMIF Rk'.QUIRED
.....,_,_...
_,..
16 ,.,..,................

TMC 17,04.020

TEMPORARY USE PERMIE REQUIRED
............................................................ ..........
17 TMC 17.24 r.M9{. Tl}(l;

RV PARKINC
..............................................
......................,,.,,.,.....,.....,.......,..,................................. iR TMC I7.41.f4�011NC,j PA 4G ON SURFACE LINAPPROVE )
_...:....:............ .............--------__..-...__.._..___�.�:----.......__"__............................. ..,...,,,.......................... 10 TMC17.2BASq OIONPERMITREOIIIHfp
20 TMC 17.P.8.040 PROHIBITED SIGNS
_... _.

VIA CIi1rl h't�fi�l.,,
,.................,,.,,,.,.._........................... ,............_..,.........................,........,,,,,,,,,,,.,..........................................,,......... lIT�gkU�{U/iRLC). "'�j �py}"�y���
�'COFifTECT10lN p(pq,�
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tP L V wlodl
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A V Vt W M' 00 f oxjAW
............................................. ...................__.....,............................... ...... ............. Y ..,...................

CITYENFORGETMENT ny f N0.

SIGNAW
CFPICIALS � ��„�
See Reverse Side of Citation for Further Instructions
(01
0147
EXH 10 - 0080

CITY OF TEMECULA (951) 302-4144

CODE ENFORCEMENT DIVISION
NOTICE OF VIOLATION 7114
ADMINISTRATION CITATION CASE No . .. . ....................... -.- ....... ... ............ .

PENALTY PENALTY PENALTY
See Reverse Side of Citation for Further Instructions
('ez'I - b
EXH 10 - 0081

CITY OF TEMECULA (961) 302-4144

CODE ENFORCEMENT DIVISION
NOTICE OF VIOLATION 6944
ADMINISTRATION CITATION CASE No..................._':..._...... ................... . . .

Ist 2nd Sid
MNAUY KNALTY PeNALTY
See Reverse Side of Citation for Further Instructions
1(0
0149
EXH 10 - 0082

CITY OF TEMECULA (961) 302.4144

CODE ENFORCEMENT DIVISION
NOTICE OF VIOLATION 6947
ADMINISTRATION CITATION CASE Na.. __...— ._ � � _._......._. ist Ind 3r4

PENALTY PENALTY PENALTY
See Reverse Side of Citation for Further Instructions
0150
EXH 10 - 0083

CITY OF TEMECULA (951) 302-4144

CODE ENFORCEMENT DIVISION

NOTICE OF VIOLATION
ADMINISTRATION CITATION CASE NO. __.._____.
tat 2.116 30

PENALTY PENALTY PENALTY
MUNICIPAL CODE VIOLATION $50.00 9150,00 $250,00
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CITY ENFORCEMENT
OFFICIALS GIGNATURE:

See Reverse Side of Citation for Further Instructions
uplv�,V - O U16
0151
EXH 10 - 0084

CITY OF TEMECULA (951) 302-4144

CODE ENFORCEMENT DIVISION
NOTICE OF VIOLATION 7122
ADMINISTRATION CITATION CASE No. ----

PENALTY PENALTY PENALTY
MUNICIPAL CODE VIOLATION W.00 $iwm $250.00
See Reverse Side of Citation for Further Instructions
0152
EXH 10 - 0085

EXHIBIT I I
0153
EXH 11 - 0086
1 1086-0773\2711254vl.doc

City of Temecula
Community Development Department
Code Enforcement Division
41000 Main Street • Temecula, CA 92590
Phone (951) 302-4144 • Fax (951) 694-6487 • www.te1neCU16aCa,9ov 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 July 27, 2021, 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 give hundred dollars ($500.00) 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 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 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,
Tom Cole
Field Supervisor -Code Enforcement
cc: Brian Clements, Building Official
Luke Watson, Deputy City Manager
Jennifer Petrusis, City Attorney
Amanda Moore, Manager
tciryafiameeul.t.ar6�sharr iUserst'ram.('crlclC:Ot,[r,iwiviIponaNcs.]heBank1.2.7JUt...2O21.do4 0154
EXH 11 - 0087

icy of Temecula
Community Development Department
Code Enforcement Division
41000 Mein Street • Temecula, CA 92590
Phone )951) 302-4144 • Fax )951) 694-6487 • www,tenreculaca.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 July 30, 2021, 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 tine of seven hundred fifty dollars ($750.00) 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 arid/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.

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,
Torn Cole
Field Supervisor -Code Enforcement
cc: Brian Clements, Building Official
Luke Watson, Deputy City Manager
Jennifer Petrusis, City Attorney
Amanda Moore, Manager
Sgt. Jason Gore, Temecula PD
:\cityoRcmecula,arg\shagesUisees\ ('nm.C'oIe COLk l'?civilpenaties.`t'ht iatnk2..30,JUL.2021.doc 0155
EXH 11 - 0088

Cit of Temecula
Community Development Department
Code Enforcement Division
41000 Main Street •Temecula, CA 92590
Phone (9511 302-4144 • Fax (951( 694-6487 • www.temecuiacc� .gov (',NC Puma Corporation
Brad Landon, Agent for Service
28693 Old Town Front Street Suite 9300
Temecula CA 92590
Re: 28645 Old Town Front Street, Temecula, CA 92590
On July 30, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Sections, § 111.1.1 and § 111.2, of the California Fire Code. (Occupancy).

Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of five hundre: d dollars ($ 500.00) for continued violations of the California Fire Code, Sections, § 111.1.1 and § 111.2. Continuing violations of Fire Code Section 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.

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
Sgt. Jason Gore, Temecula PD
`:`;cityoflemecula.orQ\shares`•.t.:sefs\l,ollt.("OIC\C OI.,i7, f\oivilpenaties,'flieBaitk.3.30,Jt.1L,202 Uoc 0156
EXH 11 - 0089

city of Temecula
Community Development department
Code Enforcement Division
41000 Main Street . Temec:ula, CA 92590
Phone (9.51) 302.4144 • Fax (951) 694.6487 • www.temoculaca.gov CNC Puma Corporation
Brad Landon, Agent for Service
28693 Old Town Front Street Suite -9300 �
Temecula CA 92590 r
Re: 28645 Old Town Front Street, Temecula, CA 92590
On July 31, 2021, 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.O0) 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 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 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
\\cityoRem=[a.or,sharesllsees:'I"oin.ColeWOLETlcivilpensalies.l3fii9,;{,j_UL202Ldoe EXH 11 - 0090

cry of Temecula
F41
unity Development Department
Enforcement Division
Mein Street • TernE;cula, CA 92590
Phone (951) 302-4144 • Fax (951) 694-6487 • www.terTieculaca.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 August 1, 2021, 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 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 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
!\oityoRemecula.ni•etsharesllserst'rom.('crle�(:'Ot.[� t',civilpenteties.'I'hetiank5.O I .AtiCL2021,doc 0158
EXH 11 - 0091

city of Temecula
FCCCordemnforcement
unity Development Department
Division
Main Street • Temecula. CA 92590
Phone 19S 1 302-4144 • Fax (951) 694-6487 • www.temeculaca.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 August 1, 2021, 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 ;gay 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 tap 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.

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
V,chyoflemecula.crrglsharesit!sersCti�tn.t;nlc't(:'OLE'1 ici� ilpenat ies: l'heEhnk(i,t)(iAO(i.202 ) .doe 0159
EXH 11 - 0092

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

CIVIL PENALTY

NOTICE AND ORDER
CNC Puma Corporation
Brad Landon, Agent for Service
26693 Old Town Front Street Suite #300
Temecula CA 92590
Re: 28645 Old Town Front Street, Temecula, CA 92590
On August 7, 2021, 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 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 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
;',cityc ltcnicc�da.orT shares!l.!se" eiviIpenaties, Ilic 3ank7.07A00.202I doe 0160
EXH 11 - 0093

City of Temecula
Community Development Department
Code Enforcement Division
41000 Main Street • Temecula, CA 92590
Phoney (951) 302-4144 • fax (951) 694-6487 • www,temeaculaca.gov

NOTICEAND ORDER
CNC Puma Corporation T
Brad Landon, Agent for Service
28693 Old Town Front Street Suite #300
Temecula CA 92590
Re: 2.8645 Old Town front Street, Temecula, CA 92590
On August 8, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 9,20,040, (Sound Standards), 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 five hundred dollars ($500.00) for continued violations of the Temecula Municipal Code § 9,20.040, (Sound Standards), 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.

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,
'Arp Cole
eld Supervisor -Code Enforcement
cc: Brian Clements, Building Official
Luke Watson, Deputy City Manager
Jennifer Petrusis, City Attorney
Amanda Moore, Manager
V,.6ryaitemeeu1a.car&AsharesAJsers\Tom.Co16COLET'',civiIhenatiesMa ,)18AIJG,2021.doc EXH 11 - 0094

Ci�/ of Temecula
F41
unity Development Department
nforcement Division
Main Street - iernecula, CA 92590
Phone (951) 302-4144 • Fax (951) 694-6487 • www.temeculaca.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 August 13, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 9.20,040, (Sound Standards), 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 find; ;;3r s; thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 9,20.040, (Sound Standards). 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.

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
;c.ityoftemecula.orgishares IJscrs;l OIT).r. UIC\(. (i1..1.`.1 Acivilpenalies.ThcBank 10.13A11G2021.doc 0162
EXH 11 - 0095

City f mecul
Community Development Department
Code Enforcement Division
41000 Main Street • Temecula, CA 92590
Phone (951) 302-4144 , Fax (951) 694-6487 • www.temoculaca.gov DR
2 FT
i�
42 " .

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 August 14, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 9.20.040, (Sound Standards), 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 find of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 9.20.040, (Sound Standards). 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.

Please pay this fine within 30 days of issuance. If you wish to contest this fine you rnust 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,
Tom Cole
Field Supervisor -Code Enforcement
cc: Brian Clements, Building Official
Luke Watson, Deputy City Manager
Jennifer Petrusis, City Attorney
Amanda Moore, Manager
;lcityottc:rnG.cola.cxglsluirestlisetst'1`orn.Cale�C'C)t.ETleivi llaeualies.l'het3ank 1 1.14AUG202 ] .doe 0163
EXH 11 - 0096

Gt/ of T
Community Development Department
Corse Enforcement Division
41000 Main Street • Temecula, CA 92590
Phone 1951) 302-4144 • Fax (951) 694-0487 • www.teryieculaca.gov CNC Puma Corporation
Farad Landon, Agent for Service
28693 Old Town Front Street Suite #300
Temecula CA 92590
Re: 28645 Old Town Front Street, Temecula, CA 92590
On August 14, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 9.20.040, (Sound Standards), 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 (Iollar.s ($1000.00) for continued violations of the Temecula Municipal Code § 9.20.040, (Sound Standards). 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.

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) 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
cityollcmeculaor isharesU)seistiC'our.Cole;C'C>LG'(\civilpenaties."lh�l3ankI2.I7AUG202IAoc 0164
EXH 11 - 0097

Ci�/
[4 C Community Development Department
mm
C Code Enforcement Division
0001
1000 Main Street * Temecula, CA 92590
0CPume Corporation
Brad Landon, Agent for Service
2869Old Town Front Street Suite #30O
Temecula CA 92590
Re: 2O045Old Town Front Street, Temecula, CA92590
On August 20, 2021, 28645 DW Town Front Stree, CA 82590. was found to be in violation of Section § 8.20.040 (Sound Standards), of the Temecula Municipal Code.

Pursuant toTemecula Municipal Code 01.24.O40this correspondence shall serve asyour official "Notice and Order" to pay a fine of one thousand dc)liam ($1000.00) for continued violations of the Temecula Municipal Code § 920.040. (Sound Standards). Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount ofupk/two thousand five hundred dollars ($2,5OO.00)per day. The City Manager and/or his designee reserves the right to determine the daily arnount 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 peno|Uov 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 boadvised that each failure Vzcomply with the Temecula Municipal Code isalso acontinuing 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.

P|eouo pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 38 days ofissuance and then by completing a request for hearing form within 30 days, pursuant to TIVIC 1.21.

Uyou have any questions regarding this matter, please contact moo*(951)JO24118 Sincerely,
Tom Cole
Field Supervisor -Code Enforcement
mz Brian Clements, Building Official
Luke Watson, Deputy City Manager
Jennifer Petrusis, City Attorney
Amanda Moore, Manager
Norman S Sullivan, Property Manager
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ON of Temecula
Community Development Department
Code Enforcement Division
41000 Main Street - 'Temecula, CA 92590
Phone (951) 302-4144 • Fax (951) 694-6487 • www.temec:tilaca.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 August 21, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 9.20.040, (Sound Standards), 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 § 9.20.040, (Sound Standards). 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 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 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 Cale
Field Supervisor -Code Enforcement
cc: Brian Clements, Building Official
Luke Watson, Deputy City Manager
Jennifer Petrusis, City Attorney
Amanda Moore, Manage
Norman S Sullivan, Property Manager
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EXH 11 - 0099

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 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 August 27, 2021, 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 cidlars ($1000.00) for continued violations of the Temecula Municipal Code § 9.20.040, (Sound Standards). 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.

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 Tfv1C 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, Manage
Norman S Sullivan, Property Manager
ticityorlrmecula.�r isharesiUsers Tcan.{'ofc:i(:t�C.t'ikiviipcnaties.i'17eF3ank15.27AL)(32021.doc 0167
EXH 11 - 0100

City Qffemecula
Community Development Department
Code Enforcement Division
41000 Main Street • Temecula, CA 92590
Phone (951) 302-4144 • Fax (951) 694.6487 • www.temeculaca.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 August 28, 2021, 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 tray a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 9,20.040, (Sound Standards). 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.

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, Manage
Norman S Sullivan, Property Manager
i,cityofl'emectda.oro\shares\1!sersCl'om.C'ole\C0L1:r\civiIpen aties.l _13,�nd6„8AIJG2Q21.doc EXH 11 - 0101

City of Temecula
Community Development Department
Code EEnforcement Division
41000 Main Street •Temecula, CA 92590
Phone (951) 302-4144 • Fax (951) 694-6487 • www.tc,.meculaca.gov 'OFF
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 August 28, 2021, 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 § 9.20.040, (Sound Standards). 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.

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 cornpleting 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, Manage
Norman S Sullivan, Property Manager
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EXH 11 - 0102

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 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 September 4, 2021, 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 § 9.20.040, (Sound Standards). 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.

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, Manage
Norman S Sullivan, Property Manager
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EXH 11 - 0103