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Home My WebLink AboutNB 3 B&J TREE SERVICE 02-01-93NEW BUSINESS N0. 3 AGENDA,2.2-1-93 -� r3 i Inter -Com SATE: FEBRUARY 1, 1993 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: CHRISTINE A. SHINGLETON, ASSISTANT CITY MANAGER SUBJECT: B & J TREE SERVICE RECOMMENDATION Receive and file. BACKGROUND On January 29, 1993, Mr. Bobby Gilbert, owner and operator of B&J Tree Service appeared before the City Council regarding a code enforcement violation letter he had received. Mr. Gilbert posed a number of questions regarding the violation and indicated that he had been told by city staff that there were no areas within the city in which he might relocate his business. Staff provided the City Council with a brief summary of the actions and violations leading up to.the enforcement action, and recommended that a more thorough background report on the business and violation history be provided to the City Council for their February 1st meeting. B & J Tree Service currently is located at 1100 Edinger Avenue behind Nurseryland and Builders Emporium, adjacent to the SR -55 northbound freeway ramp. Mr. Gilbert of B & J has indicated to staff and the Council that he subleases the site for his tree service business from Builders Emporium. Mr. Gilbert also indicated he had occupied the site since February 1990 and describes his business as the preparation, storage and sales of firewood. He has also indicated that his business includes delivery vehicles and he has approximately 25 employees. A review of business license history records for B & J is summarized in Exhibit A. Approximately twelve months ago, the Catellus Development Company requested that City staff do a comprehensive inspection of. their properties along Edinger Avenue and Del Amo Avenue, identify all City code violations and assist their efforts at convincing their own management to clean-up all Del Amo Avenue and Edinger Avenue City Council Report RE: B & J Tree Service February 1, 1993 Page 2 sites since the company was having trouble marketing their sites in this vicinity. City staff attempted to work with Catellus for the entire site clean-up without formal code enforcement actions. However, we were then requested to send violation notices to Catellus to prompt management's action on this matter. Still unable to get timely response from their tenants despite their numerous efforts, Catellus requested formal notification of the responsible tenants be pursued by the City. While a violation notice (January 11, 1993) was sent directly t B&J Tree Service and Builders Emporium, staff did attempt to work with Mr. Gilbert, owner of B&J Tree Service, prior to his receiving a formal letter of violation. The violation notice was sent only after it became clear to staff and Catellus that Mr. Gilbert was not in the process of working toward a remedy of the situation. Staff met with Mr. Gilbert at the site and discussed this matter with him by phone at least five times prior to the issuance of written notification. Mr. Gilbert was advised of his vario options and advised that the cit grant us dl time limits if he desired to pursueany of thenal compliance ap available to him. Mr. Gilbert's responses to staff ha epions beentthat he believes his business is harming no one and that the show leave him alone. Cit Y ld Mr. Gilbert purported that he had the support of the property owner to be on the site. Catellus Development Corporation owner of the Builders Emporium/B & J Tree Service site, does not advocate the presence of B & J on the site. Two letters from Catellus are attached for the Council's information. A summary of code enforcement actions on the property is attached as Exhibit B. Property Zoning At it's present location, the tree service use is an illegal use under existing property zoning. The zoning of the property was Industrial when B & J relocated to the site. Under the Industrial zoning, the type of outdoor wood storage business operated b B & J is not permitted. Y The site currently occupied by B & J is located in the Pacific Center East development area. Rezoning of the Pacific Center East area and adoption of a Specific Plan was approved by the City City Council Report RE: B & J Tree Service February 1, 1993 Page 3 Council on February 4, 1991. There are four separate land use designations that cover the Pacific Center East planning area. Planning area 6 which encompasses the Builders Emporium/Nurseryland site is designated as Regional Center, which is intended for the development of a mixed use commercial, hotel and office center. A review of the Pacific Center East Specific Plan indicates that none of the permitted or conditionally permitted uses in the Regional Center designation would permit a use similar to the current operation of B & J Tree Service. Furthermore, the General Regulations section of the Specific Plan have the following applicable limitations on uses within the entire Specific Plan area 1. "All uses shall be conducted within a completely enclosed building, except for off-street parking, loading, temporary uses and any outdoor dining space in conjunction with cafes or restaurants where permitted. In the Technology Center, minor ancillary activities (temporary material storage (2-3 days)) associated with the uses permitted may be located outside a building provided solid screening is provided and there is no negative noise impacts on adjacent properties." 2. "Storage shall be permitted only within an entirely enclosed structure, and shall be limited to accessory storage of commodities sold or utilized in the conduct of a permitted use." The Specific Plan also contains provisions for Unlisted Uses. Upon a request from an interested business, those uses not specifically listed would be determined by the Community Development Director to be either permitted, subject to a conditional use permit or prohibited consistent with the purpose of the specific plan and land use category. A tree service business with outdoor storage is not a listed use in the Pacific Center East Specific Plan and generally not consistent with the purpose and intent of this land use category. Prior to the Pacific Center East Specific Plan rezoning, the subject site was zoned Industrial. Permitted uses in the M District include such things as laboratories, manufacturing, machine shops and warehouses. Uses that are conditionally permitted include: churches, office uses, retail commercial, building material yards, restaurants and trade schools. There are also other properties in the City zoned Planned Community District where property is classified and permitted to be used for various City Council Report RE: B & J Tree Service February 1, 1993 Page 4 types of industry and other compatible uses. The Irvine Industrial Complex which is located in the area generally bounded by Walnut Avenue, I-5 freeway and Jamboree Road is designated PC and permits outdoor storage of building products and/or sales including plumbing, lumber, electrical and masonry supplies subject to a conditional use permit. As noted, the Industrial District and the Irvine Industrial Complex Planned Community allows a Building Material/Products yard with a Conditional Use Permit. B & J Tree Service could apply to be considered a use similar to a Building Material yard in either the Industrial District or the Irvine Industrial Complex Planned Community District due to the similarity and outdoor storage nature of the businesses. The Planning Commission would need to hold a hearing on the request and make a Use Determination. The use if approved would still be subject to a Conditional Use Permit and Design Review in either district. Conditions of Conditional Use Permit and Design Review would probably include at a minimum such standards as: 1. Provisions of a solid wall to screen wood piles 2. No wood stacked higher than wall height 3. Provision of a paved surface to park trucks 4. Adequate parking for employees S. Limitations on hours of firewood sales There appears to be two possible alternatives available to Mr. Gilbert: 1. Apply to the Community Development Director for a determination under the unlisted uses section of the Pacific Center East Specific Plan. While it is staff's opinion that the present tree service use is not similar to uses permitted by the Pacific Center East Plan, the determination of the Community Development Director if adverse to B & J can be appealed to the Planning Commission. Depending upon the outcome of the request; B & J could become a permitted use, conditionally permitted use, temporary use or a prohibited use. If determined to be an appropriate temporary use by the Planning Commission, Section 9270 of the Tustin City Code would allow staff to issue a temporary use permit for a not to exceed six (6) month period of time. Temporary uses are City Council Report RE: B & J Tree Service February 1, 1993 Page 5 generally such uses at Christmas tree lots, pumpkin patches and more recently agricultural produce stands. As noted in this report, the City did approve a temporary use permit for B & J in 1988 for the E1 Camino Real site, primarily because of the assumed short term nature for the use of the site. 2. Apply to the Planning Commission for a Use Determination to permit a tree service business in the Industrial (M) District subject to a conditional use permit. In determining whether or not the requested use of land is similar in character to the particular uses allowed in the district; the Community Development Department and Planning Commission shall consider the uses effect upon orderly development of the area in question, and the City at large, in regard to the general planning of the whole community. If the use is approved and added to the list of conditionally permitted uses, Mr. Gilbert would then need to locate an M zoned site which serves his needs and obtain prior approval of a conditional use permit to locate his business on the site and comply with any conditions of approval placed on the conditional use permit. The Council should note that any application for a temporary use permit, for the property at 1100 Edinger would require the property owner to sign an agreement with the tenant to allow processing of an application. Catellus, -as indicated in their attached letter, does not want the tree business use on their property. Staff would be prepared to discuss further alternate relocation options with Mr. Gilbert. Staff will be available to respond to any concerns on this matter from the City Council. �4' - Christine A. Shin ton Assistant City Ma ger CAS:RW:kbc\bjtresv.mem 4R'a'West fi d Assistant Director EXHIBIT A BUSINESS ACTIVITY HISTORY o August 22, 1988 - A temporary use permit was approved for B&J Tree Services for the storage of firewood, business vehicles and equipment for a six (6.) month time period on the property located at 1062 El Camino Real. The Planning Commission approved the Temporary Use Permit with the understanding that Caltrans would be taking part of this property for the I-5 widening project within approximately nine (9) months. Conditions on the use of the property required the business to be removed within six months or sooner if Caltrans acquired the property or the property to the north (L.A. Land Company project) was developed. o January 23, 1989 - Due to the delay of Caltrans acquiring the property, B & J Tree Service requested an additional six (6) month permit at 1062 El Camino Real to continue to operate their business from the site. o February 27, 1989 - Conditional Use Permit 89-04 was approved allowing the continuation of the outdoor stage, equipment and sales of firewood at 1062 E1 Camino Real. Conditions of the Conditional Use Permit required termination of the business and expiration of the CUP when Caltrans acquired the property or when the property to the north (L.A. Land Company) was developed. o October 9, 1989 - The City issued a Notice of Violation of conditions of CUP 89-04 to B & J. Conditions found to be in violation include firewood exceeding height of fence, exit gate blocked by business vehicles and failure to renew the cleanup bond on the site at 1062 E1 Camino Real. o December 20, 1989 - The City sent a letter to B & J notifying the company that CUP 89-04 has expired due to Caltrans issuing an "Order of Immediate Possession" for the property at 1062 E1 Camino Real. B & J was put on notice to discontinue the use and remove all firewood, debris, vehicles and equipment within 30 days. o March 23, 1990 - The City sent a "Final Notice to Clean Premises" to B & J. Debris was left remaining on the property when B & J left the site. o January 19, 1991 - The City received a business license tax renewal application from B&J with E1 Camino Real address crossed out and the 1100 Edinger Avenue address inked in. The city business license clerk entered the new address into system the appropriate fees are paid and a business license was issued. No approvals from the Planning Department were obtained for this business address change. o January 7, 1992 - Business license system automatically issues renewal notice identifying business address as 1100 Edinger Avenue. B & J pays $40.00 business license tax and business license is issued. EXHIBIT B ENFORCEMENT -ACTIVITY February 26, 1992 - City Code Enforcement letter to the property owner, Catellus, regarding the property maintenance violations on the site (Builders Emporium and B&J Tree Service) March 9, 1992 - Second property maintenance violation notice letter sent to Catellus March 13, 1992 - Catellus notifies Builders Emporium and B&J that they have received property maintenance violation letters from the city and request site clean-up. October 8, 1992 - Third property maintenance violation notice letter sent to Catellus. November 20, 1992 — Catellus letter to Builders Emporium requesting removal of the violations cited (fill dirt, outdoor storage, unpaved surfaces for parking, vegetation, oil accumulation, dismantled vehicle). In addition the letter which was copied to B&J, noted that B&J Tree Service was a subtenant of Builders Emporium and was an unpermitted use which needed to vacate the premises. January 11, 1993 - Code Enforcement efforts were redirected to notify the tenants responsible for the violation and letters of violations were sent directly to B&J requiring the removal of outdoor wood storage and ceasing of illegal business. Builders Emporium was also notified directly regarding their outdoor storage violations. January 21, 1993 - Catellus reaffirms their opposition to allowing B & J Tree Service to occupy the area. SENT BY:Xerox Telecopier 7020 1-21-93 ; 4:25PM 7142377416♦ 7142598917;# 2 10 C A T E L L U 00 +1 1 January 21, 1993 L-4966 Mr. Dana Ogdon CITY OF TUSTIN 15222 Del Amo Tustin, CA 92680 Re: B.J.'s Tree Service, located behind Builders Emporium, Tustin Dear Dana: We were informed by you that the above -referenced tree service company, located on our property in Tustin, informed the City of Tustin that . they had our permission to remain on the premises. In the past, we have expressed our opinion to you and the City of Tustin regarding the presence of the tree service company that we have not given B.J.'s Tree Service permission to occupy the area and that it is our shared objective with the City to clean up this area. Because of the disheveled appearance of the chopped wood, trucks, etc. associated with a tree service, and the current and future zoning requirements of the parcel do not allow this type of use, Catellus Development Corporation has not and will not give our permission for B.J.'s Tree Service to remain on our site in Tustin. The lease with Builders Emporium for the site will be expiring later this year. 1t is our intent to clean up the area on or before the expiration of the lease. Should you have anv questions regarding this matter, please do not hesitate to contact our office. kda , yollie sset Manager cc: J.T. Fucci CATELLUs DEVELOPMENT CORPORATION io65 NORTH PACIFICENTER DRIVE, SUITE 10o • ANAHEIM, CALIFORNIA 928o6 • TIL 714 630-8100 PAX 714 137.7418 T E L L U S .A� November 20, 1992 L-4966 CERTIFIED MAIL RETURN RECEIPT REQUESTED The Wickes Corporation Builders Emporium 40 Parker Irvine, CA 92718 Re: 1100/1050 Edinger Avenue, Tustin, CA Dear Tenant: -- RECEIVED ..r t�QV c 4 1992 MMUN1n M co Upon receipt of an earlier Violation Notice, we sent a letter to you dated March 13, 1992. Since that time we have now received a FINAL VIOLATION NOTICE from the City of Tustin for the above -referenced premises. As a reminder, said violations include the following: 1. Dismantled Ford Truck; 2. Presence of oil on the ground; 3. Accumulations of fill dirt; 4. Plant clippings, branches, dead vegetation, wooden pallets, lumber; 5. Vehicles stored on unpaved surface and; 6. Storage of metal shelving and unmaintained chain link fence. B&J Tree Service, located on the property and believed to be a subtenant with Builders Emporium, is an unpermitted use and needs to vacate said premises at once. Pursuant to the City of Tustin, the aforementioned items "constitute a public nuisance which must be eliminated immediately". Because of the seriousness of this matter, we appreciate your prompt actions. Should you have any questions, please feel free to contact our office at (714) 630-8100, or the City of Tustin, Dana Ogdon, at (714) 544-8890. Sincerely, nda Collie Asset Manager CATELLUs DEVELOPMENT CORPORATION Io65 NORTH PACIFICENTER DRIVE, SUITE 200 •ANAHEIM, CALIFORNIA 928o6 . TEL 714 63o-8100 FAX 714 237'7416 cc: Mr. J.T. Fucci Mr. Bobby Gilbert B &J Tree Service 17300 17th Street, Suite J231 Tustin, CA 92680 Mr. Dana Ogdon /&O City of Tustin 15222 Del Amo Tustin, CA 92680 -,.-.1l,•1�"C--•1 t 'i1� l I ''111,1; ._ •ii�J►`-►alr"•-,..,- _ ?— 1-0 Olt;af *40 � ` •' � AV .tel` �..f •��. � �� . � ' ` .. 7 3 lig ^ �- •— —� - '� - -^ __ IM"m14"1 vq aye ;','�- � ...� e'�- .�� { •' , - •_ ,`� - �. / �' _ a `' jq Ot . � J ori"� '! �, • ' a '• •n�_.r._-rte �' � ._. �� •\: .. ..�� •'L• • li _. � - -71 ' I - ' • - ...� � _ ') •, � , •rte ' • - •. - . •' •' a •° • - • • . ' 3�.^.•3i ! •! _•► • • �+'t .. e�,. ` ° • J:_ M • • • • �- • • • �• . '•i `mow J/•w • -'ILA y �..• .� • • i 4• • �- ;'.fir ~ �� .LG' ` - .,N"'+rf� . • �I /ri,� . � tip.- ,3� awf..+' � .. •