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HomeMy WebLinkAboutCC 5 PUBLIC NUISANCE 06-02-86 Inter- Corn DATE ~UNE 2, 1986 %V~ TO: FROM: SUBJECT: · WILLIAM A. HUSTON, CITY MANAGER COF~UNITY DEYELOPI~ENT DEPARTMENT PUBLIC NUISANCE ABATEMENT AT TUSTIN MEAT COMPANY, 200 EL CAMINO REAL REC01~ENDATION: Staff recommends Council direct the City Attorney's office to commence legal action against Tustin Meat Company to abate the ongoing public nuisance this use has created upon the surrounding community. BACKGROUND AND CONCLUSIONS: The Tustin Meat Company, operated at 200 E1Camino Real, Tustin, has been the subject of numerous citizen complaints filed with the City for many years. Attached to this staff report is a summary memorandum from Assistant Planner, Laura Pickup, briefly outlining the major correspondence and records on file relative to the subject property. As evidenced in the summary of letters and complaints concerning the Tustin Meat Company, there has been minimal effort to solve the ongoing problem of truck engine and refrigeration noise, illegal truck pa~king, offensive odors, and illegal outdoor storage in truck trailers for extended periods of time. Staff has attempted to work w~th Mr. James Asher, owner of Tustin Meats, in an effort to administratively solve his problems. Mr. Asher, however, has not complied with requests from the City and disregards the well being of other property owners in the immediate area. Since staff has exhausted every effort to work with this business to obtain municipal code compliance, we hereby request Council initiate legal action against the property owner to obtain permanent compliance Director of Community Development DDL:cd:pef Attachment: Memorandum from Laura Pickup dated February 25, 1986 DATE: FEBRUARY 25, 1986 Inter- Com TO: FROM: SUBJECT: DON LAFId, DIRECTOR OF COIIIUNITY DEVELOPMENT LAURA PICKUP, ASSISTANT PLANNER TUSTIN MEAT CO., 200 EL CAIqINO REAL In order to fully understand the problems and impact of the activities at Tusttn Meat Company, I have prepared a chronological order of events. This list includes both Planning and Building Division actions or correspondence regarding complaints or building activities. March 8, 1968 - Variance No. 68-204 was approved by the Architectural Committee allowing Tusttn Meat to enclose part of the parking lot and install larger freezer storage areas. No comments from other departments except for Fire, they were concerned that there were not adequate fire hydrants to service the site. Mr. Peg Grey, who used to be in the shop which is now occupied by the Flaghertys, opposed the variance stating "an expansion of this use will be detrimental to the downtown." He had experienced parking and excessive noise problems and felt the expansion would only create further inconvenience. Tustin Meat had stated that they planned to sell this facility, however, they could find no buyers and needed the extra storage. The staff report and comments regarding this variance are very interesting. Please let me know if you want more information. The plot plan shows a trash enclosure and striping for employee parking in the rear lot. Currently, these spaces and the enclosure are not provided and this may be something we should enforce. (Plot plan is attached.) July 7, 1977 - Sign Permit for a Coldwell Banker "For Sale" sign. September 8, 1977 - Letter of Gene Snyder sent to Walter Flagherty regarding Mr. Flagherty's ~omplatnt against Tustin Meat. (I have found no record of when this complaint was received.) Complaint included: trucks blocking passage on Second Street, storage of fish and meat outdoors in the rear lot, excessive trash and litter on the meat company site. Gene Snyder had not witnessed the problem, however, he ~eferred the parking problems to the Police Department. November 2B, 1977 - Letter of Walter Flagherty to Dan Blakenship. Letter questions the prior actions of the Code Enforcement and Health Departments and states that Tustin Meat is violating the following City codes: 9232b, 9231a and g242c. Requested that the City take action to remove the trash and outdoor storage problems. Tustln Meat Co. page two November 29, 1977 - Memo of Chief Thayer to the Mayor and City Council. Chief Thayer had met with Dr. Flagherty and agreed to cite for the following violations: -double parking when not legal -leaving motors running on refrigeration units -parking in one hour zones for any period of time exceeding the limit. The Engineering Department was contacted and requested to paint yellow curbing for loading, just north of the Meat Company. November 29, 1977 - Memo of Gene Snyder to the Director of Community Development. Mr. Snyder met with the plant manager of Tustin Meat and was told that Tustin would be moving out of Tustin in three weeks. The plant manager concurred that the Tustin location had 45 employees and that there just wasn't enough room. December 1, 1977 - Letter of Walter Flagherty to Dan Blakenship and Brian Chase stating that if Tusttn Meats moves, that he hopes Tusttn would not allow another meat company to locate there. December 5, 1977 - Letter of Gene Snyder to Tustin Meat requesting information on who would be moving into the building after they left. No response was received from Tustin Meat. December 5, 1977 Letter of Dan Blakenship to Walter Flagherty which stated that if the meat company did not move out by December 25, 1977, that he would start procedures for an administrative hearing to clear up the meat company problems. No records show that this hearing ever took place and the next record of correspondence is almost seven months later. June 30, 1978 - Letter of Brian Chase to Tustin Meat Co. stating that should the meat company expand, they must move. This letter was in response to Mr. Asher's request to retail meat from the site, Mr. Chase required that Mr. Asher provide parking in the rear lot for his customers and that he screen all work areas from public view. February 7, 1979 - Letter of John B. Jamison of Tustin Meat to the Building Department stating that the parking lot would be striped and a fence constructed per Brian Chase's request. May 31, 1979 - Complaint filed by Walter Flagherty against Tustin Meat regarding litter. Gene Snyder inspected the site and found nothing, however, he agreed to conduct routine inspections of the site. A further memo to "file" dated June 12 showed that Mr. Snyder found the area clean during the past week or so. Corn munity Development Department Tusttn Meat Co. page three June 17, 1980 - Letter of Gene Snyder to Tusttn Meat Co. regarding excessive litter in the area. Therefore, up to one year later this violation was finally noted and a formal request sent to Mr. Asher. Mr. Snyder requested that he get more frequent trash pick up service. August 29, 1980 - Letter of Gene Snyder to Tustin Meat stating that the trash problem still existed and to please clean it up. September 3, 1980 - Letter of Michael Brotemarkle to Tustin Meat requesting Mr. Asher to take care of the trash problem.. September 5, 1980 - Letter of George Reid to Tusttn Meat stating that the roof was being used for open storage and that the structure was not designed for this purpose. A LPG tank was also found for fueling autos on the site and there were no records of permits for the tank. October 7, 1980 - Letter of Walter. Flagherty to Mayor Saltarelli and the City Council complaining about the parking problem at Tustin Meat Co. October 20, 1980 - Memo to City Council from Michael Brotemarkle which gave a full report on all previous actions against Tustin Meat. Council requested that a letter be sent to Tusttn Meat requiring compliance with City Codes. Januar7 3, 1982 - Report to the. Planning Commission regarding Tustin Meat's g,o00 gallon-nitrogen tank, Mr. Flagherty had complained about the tank, however it had already been permitted by Variance 68-204. June 15, 1982 - Memo of Mike Brotemarkle to Bill Huston regarding complaints filed by the Flaghertys. Just an overview of recent events, not all of which concerned Tusttn Meat. September 8, 1982 - COncrete slab for new nitrogen tank issued a building permit ~15040. December 3, 1982 - Permit issued by Orange County Fire Department authorizing use of nitrogen tank. December 20, 1982 - Walter Flagherty complained to the Planning Agency regarding the new nitrogen tanks at Tustin Meat. June 14, 1984 - Memo to Community Development from Council requesting further investigation of parking and outdoor storage problems at Tusttn Meat. June 18, 1984 Letter of Jeff Davis to Tustin Meat requesting removal of storage trailers in rear lot. This letter was sent certified and was returned "Unclaimed." Community Development Department Tustin Meat Co. page four June 25, 1984 - Complaint filed with Health Department regarding improper trash disposal. Request to remove moat trimmings from open containers was given to Mr. Asher. June 28, 1984 - Letter of City Attorney to Tustin Meat requesting removal of outdoor storage. Trailers were eventually removed. March 4, 1985 - Complaint filed by Barbara Clem at 220 E1 Camtno Real regarding odors and noxious gas irritation. Referred to EnvIKonmontal Health for action. March 12, 1985 - Letter of Laura Pickup to Tustin Meat requesting clean up of ~ bins and stacking crates. April 17, 1985 - Letter of Jeff Davis requesting removal' of outdoor storage, apparently the trailers had been placed in the rear lot again. May 16, 1985 - Letter of Jim Asher to Jeff Davis stating trailers were removed and program to steam clean the trash bins to avoid flies. May 16 and June 14, 1985 Complaint filed by Walter Flagherty regarding excessive noise created .by refrigerated trucks. August 7, 1985 - Memo of Laura Pickup to Jeff Davis outlining findings of inspections at Tustin Meat. Findings: illegal parking found: double parking and parking over time limits; excessive congestion created by loading trucks onto the Asher property. August 8, 1985 - Complaint filed by Walter Flagherty regarding excessive noise at Tustln Meat. August 12, 1985 - Memo of Laura Pickup to Jerry Smith of Police Department requesting'further inspections on the truck parking problems. September 19, 1985 - Memo of Laura Pickup to Ed Knight regarding Tustin Meat inspections. Numorous inspections were made and each one found trucks parked on the lot with refrigeration units running or trucks illegally parked. September 24, 1985 - Memo of Laura Pickup to Ed Knight regarding noise violations at Tustin Meat. The Env4ronmontal Health Departmont was scheduling a sound motet check for the site. October 24, 1985 - Notice sent from Envtronmontal Health showing noise violations at Tustin Meat Co. The studies showed that Tusttn Meat exceeded the noise level allowed for almost one hour. Accompanying letter stated that we request that the refrigeration units be turned off when trucks are at the site. Letter and notice received on November 7, 1985. Community Development Department Tusttn Meat Co. page five November 7, 1985 - Memo of Laura Pickup to Don Lamm discussing course of action for Tustln Heat. November 14, 1985 Letter of Laura Pickup to Tusttn Meat regarding noise ~tolatton, outdoor storage and illegal parking. November 25, [985 - Letter of Tustin Meat to Laura Pickup in response to November [4, [985 letter. This letter stated they would take measures to clear up the parking problem, however, they did not feel that the noise and outdoor storage was a problem and they would make further contact. December 9, 1985 - Co~laint filed by Joe Grtbb of Communicom stating that the opeations at Tusttn Meat had caused a truck to damage one of their main cables. Cost of repair was $5,000-$7,000. December 12, 1985 - Letter of Jim Asher to Laura PiCkup regarding telephone conversation 6f December 11. Mr. Asher agreed to remove all storage trailers and have all refrigeration units turned off while on the site. December 19, 1985 - Letter of Laura Pickup to Tustin Meat confirming agreement of December -12, 1985. .Also included warning of citation issuance if further problems occur. December 23,. 1985 - Co~laint filed by Raymond Turptn, 187 S. "C" St., regarding excessiove noise at Tusttn Meat. December 30, 1985 - Co~latnt filed by Ruth Muth of 187 S. "C" St. regarding excessive noise at Tustin Meat. December 30, 1985 - Memo sent to Police Watch Commander from Laura Pickup requesting information on any co~latnts filed against Tustin Meat Co. December 30, 1985 - Laura Pickup ca)led Jim Asher to discuss noise problems. Jim Asher stated that it was not his trucks that were causing the problem but that he would check into it. January 7, 1986 - Laura Pickup inspected site and found a truck running. Without benefit of an official noise reading, Mr. Asher simply agreed to turn the engine off. January 24, 1986 - Co~laint filed by Ginny Flagherty regarding excessive noste at Tustin Meat. Sent file to City Attorney for further investigation. January 27, 1986 - Inspection made by Laura Pickup found outside storage, excessive noise and illegal parking. Community Development Department J Tustin Meat Co. page si x February 7, 1986 - Complaint filed by Gtnny Flagherty regarding installation of new propane tank. Investigation found no vidlation just refueling of an existing tank. February 12, 1986 - Call received by Laura Pickup from Mr. B. Rand. Mr. Rand had tried to find out about purchasing. Tustin Meat Co. and how to convert to an office building. His attempts, to reach Jim Asher had failed, apparently the "For Sale" sign. on the building has only been installed to appease the neighbors. As you can see, the problems at Tustin Meat have been going on since the late 1960's. Although many efforts have been made to clear up these problems, Mr. Asher and the Tustin Meat Co. have been very uncooperative. ~LAURA P ~ LP:em ~-~ community Development D, epar~rnent ~/