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Home My WebLink AboutNB 1 CONST SIDEWALK 08-03-92NEW BUSINESS NO. 1 8-3-92 UST 3 X992 Inter -Com rE: AUG , TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT. REQUEST TO WAIVE REQUIREMENTS TO CONSTRUCT SIDEWALK AT 2512- 2522 CHAMBERS ROAD (CRESTMARK REAL ESTATE AND INVESTMENTS) RECOMMENDATION It is recommended that the Tustin City Council deny the request to waive the requirement to construct sidewalk at 2512-2522 Chambers Road in conjunction with their tenant improvements. BACKGROUND Attached for City Council consideration is a letter dated July 17, 1992 from Crestmark Real Estate and Investments, requesting that the City waive the requirement for them to construct a standard sidewalk within the public right-of-way adjacent to their building, located at 2512-2522 Chambers Road in conjunction with tenant improvements. At the City Council meeting of January 19, 1987 (minutes attached) , the City Council established a uniform policy for the construction of 5 -foot wide utility clear sidewalks within any industrial areas, except in areas with concentrated retail uses where the sidewalk width shall be 8 -foot wide. This requirement is a standard City condition of approval imposed for all new construction as well as tenant improvements within the industrial areas. DISCUSSION Five foot side utility clear sidewalks exist along the frontage of the adjacent parcel to the west as well as the property across Chambers Road at the northwest corner of Chambers Road and Franklin Avenue. At both of these locations the City standard condition of approval was imposed in conjunction with tenant improvements.. Robert S. Ledendecker Director of Public Works/ City Engineer RSL:ktb:WRCSC Jerry Otteson Associate Civil Engineer $a C1(5TMA1ZK Real Estate B Investments D JUL 1 71992 _ f t MiSTIN PUBLIC WORK" i 23151 Moulton Pkway., Suite 103, Laguna Hills, CA 92653 (714)859-8511 FAX: 859-9940 July 17, 1992 City of Tustin Bob Ledendecker Director of Public Works 15222 Del Amo Tustin, CA 92680 RE: 2512-2522 Chambers Road, Tustin, CA Per our conversation yesterday, I am writing this letter to explain the current financial situation of San -Joe Partners, the owner of the above referenced office building, in regards to the issuance of the building permit and the construction of a sidewalk on our property. San -Joe Partners purchased the office building from Home Fed Bank in September 1991. At that time, it was approximately 800 occupied with much deferred maintenance. San -Joe had set aside approximately $150,000 in capital in order to refurbish the property and lease up the balance of the building. To date, we have spent approximately $125,000 of that money and occupancy has dropped to around 50%. For the $125,000 we have completely replaced the landscaping (including the parkway where the proposed sidewalk would go), refinished the parking lot, refinished all four stairways, painted the building, refurbished the A/C units, repaired the roof and completely refurbished.some of the suites interiors. In an effort to lease up the balance'of the building, we have decided to change one entire building from general office uses into an executive suite with approximately 50 offices. We had our architect draw up the plans (at a cost of $9,500) and submit them to the planning department. After a few minor revisions they have approved the plans. The only obstacle in our way now is the requirement that Public Works is placing on the plans that we install a sidewalk across the entire front of our property. During the plan check process we put the plans out for bid. We have since received bids from various contractors on the new construction, and all the bids have come in approximately $40,000 higher than we had anticipated. The sidewalk is the straw that breaks our back. We understand the city's concern in improving the city, however we think we have done more than our fair share in improving the exterior of the property considering the building next to us is completely vacant and gets vandalized regularly. We also know that turning the building into an executive suite will help the city by creating 50 new offices which will in turn generate many new business licenses and help stimulate the economy within the city. I have enclosed a deposit check in the amount of $4,795 (on your request) so we can pull building permits, but this in no way means that I am agreeing to build the sidewalk. I fully intend to argue this matter with whomever will listen until it is resolved. Thanks for your time and a I appreciate your help. Sincerely, // :ty- Pete Genovese CITY COUNCIL MINUTES Page 3, 1-19-87 7. RESOLUTION NO. 87-9 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING FINAL TRACT MAP NO. 12759 (EAST TUSTIN APART- MENTS) Approved- Final Tract Map No. 12759 for the East Tustin Apart- ments project 1ocated north of the Santa Ana Freeway, west of Jamboree, east of El Camino Real, by adoption of Resolution No. 87-9 as recommended by the Community Development Department and Planning Commission. 99 .8. EXTENSION OF CONTRACTS - EARL ROWENHORST AND REED JENSEN • Authorized extension of thef employment contracts for Earl Rowenhorst and Reed Jensen to July 13, 1987, as recommended by ' the City Manager. 79 VII. ORDINANCES FOR INTRODUCTION None. VIII. ORDINANCES FOR ADOPTION None. IX. OLD BUSINESS 14 ELECTION CONSOLIDATION - RESOLUTION NO. 87-11 Pursuant to Council direction at the January 5, 1987, meeting, staff prepared subject resolution to consider consolidation of the municipal election with the Statewide General Election held 'in - November of even -numbered years. Following a brief question -and -answer period, it was moved by • Saltarelli, seconded by Kelly, to adopt the following resolution setting a matter of the proposed consolidation of elections for a public hearing on February 2, 1987, and prescribing notice. RESOLUTION NO. 87-11 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, OECLARING ITS INTENTION TO REQUIRE ITS GENERAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION MO FIXING A TIME AND PLACE OF PUBLIC HEARING THEREON The motion carried 5-0. 48 X. NEW BUSINESS I. WIDTH OF SIDEWALKS IN THE INDUSTRIAL AREAS The Planning Commission has requested a formal policy decision from Council regarding sidewalk widths and requirements in the indus- trial areas. On two separate occasions at the request of devel- projects were granted 5 -foot sidewalk widths in lieu of the FILE "Iopens, COP full • 8 -foot widths required by Council Resolution No. 81-4. Since then, sidewalk requirements have been established*on a project -by - project basis subject to site circumstances, proposed use, and specific zoning regulations. Engineering staff indicates a uniform policy for 5 -foot, utility clear sidewalks for the entire industrial area is appropriate, except areas with concentrated retail uses. Sidewalk meandering would be subject to specific design guidelines of specific plans and other documents. CDmmunity Development staff supports this position with the note that Planning Commission be allowed to devi- ate from those standards it considered appropriate. The staff report was presented by the Community Development Direc- tor as contained in the inter-com dated January 19, 1987, prepared by the Community Oevelopment'Oepartment. Mayor Saltarelli was supportive of the staff recommendation. The Director of Community Development and Director of Public works CITY COUNCIL MINUTES Page 4, 1-19-87 • responded to Coouf cwa questions sand building setbacks,k placement and retaining right-of-way - It was moved b Kenned, seconded b Hoesterey_, to establish a uni- form pa cy or - cot w dth, uti ity clear sidewalks for the entire industrialarea, rexcept as hconcentrated retail eai 1 uses where it shall�ain8eoot widthThe motion carried Q . 92 2. SANTA NIA FREEYAY ( I-5) /COSTA MESA FREEIdAY ( RTE. 55) INTERCHANGE • MODIFICATION • CalTrans is planning complete modification of subject interchange along with widening of both freeways within the Immediate vicinity of the interchange. The Director of Public Works informed Mayor Saltarelli that the Interchange modification project wilThenot ewspaper antic a by any delays on the basic widening project. enCed pertained to the I-5 freeway between the Costa Mesa and Garden Grove faTrepresentativeCouncilman i firmed yeCans at the recent Transportation Commission meeting. The Director added that it is CalTrans' desire to i accelerate Iltf tai l - III and attempt construction concurrently with Stage design and right-of-way -acquisition can be completed in time. The Tustin ld essure do so the Mayor thought ficationuwillr1 crease CalTrans ccess to but traffice Interchange modification w still be bottlenecked on the narrow freeways. As recommended in the inter-com dated nanuuirision,19t7 was removed bpared y the Public Works Department/Engineers g Kennedy. •seconded b Ed ar, to approve the Freeway Agreement wit the State of Callfornil-Tor Stage II and Stage III work on the I-5/Rte. 55 Interchange Modification Project; and authorize the Mayor and City Clerk to execute same. Carried 5-0. 45; 87-8 Mayor P.ro Tem Hoesterey requested staff contact CalTrans about the possibility of restriping the merging lane on the I-5 between Rte. 55 and the Newport Avenue offramp to relieve some of the congestion where vehicles merge in and out of traffic. 3. COLUMBUS ZUSTIN PARK CONCESSIONENT STANO LEASE AGREEM. Proposed agreement is for use of the concession stand at Columbus Tustin Park. Dcdecidedvid Ascher. has ntenti onof maki ng dona- tions hconcession stand a for-profit orpo corporation with the tions to non-profit youth organizations in the Tustin area. Counci 1 woman Kennedy expressed concern that the agreement f does scnot 1 require a minimum donation to youth groups. Council/stat Sion fol:icwed. The Recreation Superintendent responded to Council questions. The City Manager suggested that if there is Council consensus that there should be a built-in formula for donating profits to youth groups, staff will work on that and bring it back to Council so there 1s no question about what is required of Mr. Ascher. Mr, Ascher stated he will pay YHeexplained City ai ned thef proceduross re for fors after the first year of operation. P donat- ing profits to youth groups on an as -needed basis, with requests to be submitted in writing. He stated he would not be interested in operating •a concession stand which requires built-in percentages for various donations. Councilwoman Kennedy was strongly in favor of setting aside a cer- tain percentage for youth group donations, rather than leaving it to Mr. Ascher's discretion. Mayor Pro Tem Hoesterey suggested a review period at the expiration