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HomeMy WebLinkAboutRPT 4 TUSTIN E. DRIVE 03-19-90DATE: March 19, 1990 TO: WILLIAM A HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT FOLLOW-UP ITEM - TUSTIN EAST DRIVE SUBJECT: RECOMMENDATION Receive and file. BACKGROUND AND DISCUSSION REPORTS NO. 4 3-19-90 Inter - Com On January 15, 1990, staff reported to City Council a summary of code enforcement actions related to the display of banners with or without an approved temporary use permit for properties located along Tustin East Drive. A copy of that report is attached. The following is an update of the previous report: DATE 1-15-90 1-15-90 2-12-90 2-21-90 3-6-90 CHRONOLOGICAL STATUS CODE ENFORCEMENT - TUSTIN EAST DRIVE APARTMENT COMPLEX DESCRIPTION OF ACTION Sycamore Creek Current banner permits Tustin Woods on file. Pacific Pointe No banners displayed. Tustin East Village No permits on file. The Californian Sycamore Creek Banner still displayed Tustin Woods with expired permit. Letter sent. Pacific Pointe Obtained banner permit. Sycamore Creek Banners still Tustin Woods displayed with expired permit. Letter sent - remove banner, forfeit bond, future violation referred to City Attorney. City Council Report Tustin East Drive Follow-up March 19, 1990 Page 2 3-9-90 Tustin East Village 3-14-90 Sycamore Creek Tustin Woods 3-14-90 Tustin East Village CONCLUSION Letter re: Unauthorized banner, future violation referred to City Attorney. Banners removed as requested. Banner still displayed. Turned over to City Attorney for follow-up. Staff will continue to monitor this area as part of routine code enforcement responsibilities. (7' 1. Anne E. Bonner Planning Technician AEB:CAS:kf Susan K. Tebo Senior Planner Community Development Department DATE: TO: FROM: JANUARY 15, 1989N WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT REPORTS NO. 2 1-15-90 Inter - Com ' t,y SUBJECT: STATUS REPORT - BANNERS AND TEMPORARY USE PERMITS FOR PROPERTIES LOCATED ALONG TUSTIN EAST DRIVE RECOMMENDATION Receive and file. BACKGROUND The following is a review of the status regarding banners displayed at the properties located along Tustin East Drive per direction at a meeting of the City Council on January 2•, 1990. DISCUSSION The properties located along Tustin East Drive are comprised of separately owned apartment complexes. The following is a listing of the apartment complex names, address and property owners or management companies: Anartment Complex Name Address Pronertv.Owner Tustin Woods 13802 Tustin East Drive Thoner-Birmingham Sycamore Creek Pacific Pointe Tustin East Village The Californian 13841 Tustin East Drive 13882 Tustin East Drive 13881 Tustin East Drive 13901 Tustin East Drive 13921 Tustin East Drive 13922 Tustin East Drive Thoner-Birmingham Patrick Cadigan % Amarik Prop. Victor Pankey Victor Pankey All of these properties have had typical correspondence from our department regarding unauthorized banners, temporary use permits and expired permits. Departmental procedure for unauthorized banner displays provides that a letter be sent informing the owner of the violation, based on the assumption that they are unaware of City Council Report Banners and TUP Tustin East Drive January 15, 1990 Page 2 the City Code. The property owner is also informed that the property should be brought into compliance by either removing the banner display or by obtaining an approved temporary use permit. The typical response from property owners informed of a violation has been to acquire an approved temporary use permit for the banners. Temporary use permits for banner displays require a seventy-five dollar permit fee and the posting of a fifty dollar refundable bond, guaranteeing removal of the banner after thirty days. Upon expiration of a temporary use permit, staff reinspects the property to ascertain that the banners have been removed. If staff observes that they have been removed, a check request is forwarded to the Finance Department to refund the posted bond. However, if the banner is still displayed then staff forwards a letter informing the property owner that the banner should be removed, and that the property will be reinspected at a later date to check for compliance. If staff notes that there is continued neglect to remove the banners, then the refundable bond is forfeited and another notice is sent to the property owner. This notice usually gains their cooperation. All of the properties located along Tustin East Drive have received similar types of noticing (see attached exhibit) and have eventually cooperated with staff's requests. On November G, 1989, our department received a letter from Amarik Properties, property management for Pacific Pointe Apartments, stating that they would no longer comply with the requirements of the City Code regarding banner displays due -to lack of consistent enforcement to other properties located along Tustin East Drive. Staff responded by reminding Amarik that temporary use permits were required for banner displays, and that continued violation of the City Code would result in their case and others being directed to the City Attorney's office. During this time period, Amarik had an approved temporary use permit that was valid through November 15, 1989. On November 30, 1989, staff reinspected the property and noted that banners were still displayed at Pacific Pointe. Staff also noted that Tustin Woods, Sycamore Creek and Tustin East Village Apartments displayed unauthorized banners. Staff followed up by first, informing Pacific Pointe Apartments that their permit was expired and second, by informing the remaining property owners of unauthorized banners. On December 8, 1989, staff received a letter from Amarik Properties Community Development Department City Council Banners and January 15, Page 3 Report TUP Tustin 1990 East Drive inquiring about the violation concerning banner displays. They questioned about whether they were actually in violation, and also if the adjacent properties received notice for their banners. Staff responded that all the properties that were in violation along Tustin East Drive were sent noticing. On December 22, 1989, staff sent out additional warning letters to Sycamore Creek, Tustin Woods and Tustin East Village Apartments requesting their compliance and cooperation. This same noticing did not include Pacific Pointe Apartments as their banner had been removed. Instead, a "thank you" letter was sent thanking them for their cooperation. On December 27, 1989, the property owner. of Sycamore Creek and Tustin Woods sent in a completed application for banners to be displayed. Their applications were approved and the permits are valid until January 31, 1990. Staff has not received a request for a banner to be displayed at Pacific Pointe Apartments. On January 51 1989, staff inspected the properties and found that Tustin East Village Apartments had removed all banners as requested, while the status of Pacific Pointe Apartments is still outstanding. CONCLUSION To date, staff has again received correspondence from Amarik Properties suggesting that they have been targeted by our department for code enforcement. We have again responded that all properties that were in violation were sent the same noticing, and that we have gained the cooperation of Sycamore Creek and Tustin Woods by receiving their applications for temporary use permits. n C r -1 Ll) AK 'C' An E . Bo r Planning Technician AEB:CAS:ab:kbc Christine A. ShingleXAn Director of Communi Development Community Development Department EXHIBIT A - CHRONOLOGICAL STATUS CODE ENFORCEMENT - TUSTIN EAST DRIVE DATE APARTMENT COMPLEX NAME DESCRIPTION OF ACTION 01/10/88 Pacific Pointe Obtained banner permit. 01/13/88 Tustin Woods Letter re: unauthorized banner. 01/20/88 Tustin Woods Obtained banner permit. 02/21/88 Pacific Pointe Banner still displayed with Tustin Woods expired permit. Letters sent. 03/02/88 Tustin Woods Banner taken down. 03/20/88 Pacific Pointe Banner taken down. 12/27/88 Tustin Woods Letter re: unauthorized The Californian banner. Tustin East Village 01/11/89 Sycamore Creek Letter re: unauthorized banner. 01/13/89 The Californian Obtained banner permit. 01/16/89 Tustin Woods Obtained banner permit. 01/17/89 Tustin East Village Obtained banner permit. 01/30/89 Sycamore Creek Obtained banner permit. 03/08/89 The Californian Banner still displayed with Tustin Woods expired permit. Letter Tustin East Village sent. Sycamore Creek 03/24/89 The Californian Banner taken down. Tustin Woods Tustin East Village Sycamore Creek 06/02/89 Pacific Pointe Obtained banner permit. 07/14/89 Pacific Pointe Letter re: expired permit. 07/14/89 Sycamore Creek Letter re: unauthorized Tustin Woods banner. 07/24/89 Pacific Pointe Banner taken down. Community Development Department Exhibit A Tustin East Drive January 15, 1990 Page 2 08/03/89 08/09/89 09/11/89 09/30/89 10/15/89 11/06/89 11/09/89 11/30/89 Sycamore Creek Tustin Woods The Californian Sycamore Creek Tustin Woods The Californian Sycamore Creek Tustin Woods The Californian Pacific Pointe Pacific Pointe Pacific Pointe Pacific Pointe 12/05/89 Sycamore Creek Tustin Woods Tustin East Village 12/08/89 Pacific Pointe 12/18/89 Pacific Pointe 12/22/89 Sycamore Creek Tustin Woods Tustin East Village Obtained banner permit. Obtained banner permit. Banner still displayed with expired permit. Letter sent. Banner taken down. Obtained banner permit. Letter from Amarik Prop. re: never taking banners down. Letter to Amarik Prop. re: continued violations will be turned over to City Attorney. Banner still displayed with expired permit. Letter sent. Letter re: unauthorized banner. Letter from Amarik Prop. re: why were they in violation? why other properties not having to comply? Letter to Amarik Prop. re: all properties in violation were sent noticing. Second letter re: unauthorized banner. Pacific Pointe complied. Community Development Department It Exhibit A Tustin East Drive January 15, 1990 Page 3 12/27/89 Sycamore Creek Tustin Woods 01/04/90 Pacific Pointe 01/05/90 Tustin East Village Obtained banner permit. Letter from Amarik Prop. re: why were they singled out? All banners removed. Community Development Department