After a two week hiatus, the Tustin City Council should be ready to tackle the second unit ordinance for Old Town Tustin this Tuesday. After extensive discussion by the councilmembers at the April 21st meeting, they voted to continue the item so that city staff could come up with answers to the chief complaint: parking.
Staff return this week with a second unit ordinance fortified by a recommendation for parking. Well, it’s not really a recommendation, just a copy of an existing policy on the adminstration of parking permit systems in Tustin. Mind you, there is no draft ordinance prepared for a potential permit system in Old Town and the city council may still have to consider the parking issue separately. I’m not sure that is what they wanted. One has to wonder why the delay in the second unit ordinance at all if they were just going to address the parking issue separately anyway.
The second unit ordinance proposal and the parking issue, as it turns out, are only vaguely related. Over the past year or so, parking has become a real problem in Old Town, particularly on the west side around Pacific and Main Street. Part of this is surely due to permit parking the city created a few years ago for the area around the condos on Main Street West of Pacific.
Driving along Pacific Avenue on any evening reveals a gauntlet of cars and trucks streching nearly to Main Street. While many of these may be attributed to the residents in the area, many of them, it turns out, are from either the previously mentioned condos or -as I’ve personally witnessed- from beyond the freeway overpass. There also appears to be a pattern with the number of out-of-area cars on our streets increasing toward the end of the week.
While I am not a proponent of permit parking on city streets (its that libertarian streak in me), it may be the only answer to the problem. In any case, parking should be addressed regardless of the second unit ordinance. The question then will become one of enforcement. Will the 2am to 6am cops want to travel the streets in search of errant parkers?
Lately, I have been questioning the validity of the second ordinance unit itself. As it turns out, there is no pressing need to make any changes. Although the city said in their presentation that affordable housing mandates are a factor, they really aren’t. Affordable housing requirements are for the city, not a specific area.
And, though the city also says that a 2002 Assembly Bill signed by Gray Davis requires the city to ministerially (say that three times real fast) consider second residential units, it does not require any changes be made to current ordinances. California Government Code 65852.8 states:
When a local agency receives its first application on or after July 1, 2003, for a permit pursuant to this subdivision, the application shall be considered ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. Nothing in this paragraph may be construed to require a local government to adopt or amend an ordinance for the creation of second units.
So, from a legal standpoint, there is no mandate to change current law.
The biggest argument for change to an all second unit ordinance is the elimination of deed restrictions on proposed guest units. A few years ago, Elizabeth Binsack and Jerry Amante arbitrarily decided to place the requirement for deed restrictions on guest accessory units. This was in obvious retaliation for their defeat in the Fairbanks issue, a city-created debacle.
Since the proposal for the second unit ordinance was raised a few months ago, city staff have received more grief than praise. Parking has been just one of the issues raised by residents. Concern for density and a general degrading of the Old Town area have also been cited by home owners. Yet, Binsack amd her chief hatchet man Scott Reeskin, have used a variety of unsubsantiated arguments for enactment of the ordinance they appear to want so badly.
So, why the push for unneeded change? Surely, if deed restrictions are an issue, they can be done away with. And, since they are policy and not law, they only require a change in the mindset of city staffers.
In any case, residents have another opportunity to state their case for or against the ordinance. Judging from the city’s indifferent attitude toward opponents of the ordinance, I would suggest they turn out in force to state their case. Calls to councilmembers John Nielsen and Beckie Gomez may be the best bet toward swaying votes or, at least, extending further argument.
Other issues before the city council are pretty much routine. Aside from the usual business, the Consent Calendar is littered with requests to award contracts for various construction projects at city hall and parks.
The sole item for consideration under Reglar Business is an Amendment of Waste Disposal Agreement between the city and the county. Amon other things, the amendment will allow the county to continue to import wast from outside the county and to share the revenue generated with the city. It could be worth a cool $76,000 to the city.
In an unusual departure from the norm, due to a Water Management Workshop at 5:30 pm, the Closed Session has been moved to the end of Regular Business. With only a few items on the agenda, discussion of labor negotiations will likely take up the majority of the session.
This week’s meeting of the Tustin Planning Commission will be decidedly shorter than two weeks ago. Hopefully, Sam Altowaiji has come off his high horse and settled down again. At the last meeting, if you recall, he was pulled up short by Commmunity Development Director Elizabeth Binsack. Sam apparently thought that, as planning commissioner, he was Elizabeth’s boss. Sorry Sam, maybe you should confer with City Manager Jeff Parker for clarification about who runs what in the city. While you’re at it, ask him about the Brown Act and serial telephone meetings.
The first thing on the plate for the new/old planning commission is to elect their respective Chair and Vice-Chair. My bet is on Austin Lumbard to take the chair. Lumbard is reportedly (mostly by his dad) running for city council next year. It only seems natural that he demonstrate his leadership ability as chair of the planning commission. Hmmm. Let’s see, the affable but clueless Ryder Smith sounds like a good candidate for pro tem. But, the commisssioners may want to keep Jeff Thompson in there as he has experience with these sorts of things. The only bad thing about Jeff is he keeps recusing himself for anything that comes within 5 miles of Old Town.
Yes, like a bad penny, the resolution on Second Residential Units keeps coming back to haunt us. Fortunately, this time, it is just to rectify a staff mistake in numbering. With any luck, Altowaiji won’t attempt to turn this into another Binsack bashing.
The only other item of note on the agenda is a Public Hearing. Item 4, Appeal of Notice of Invalid Business License, should prove interesting if the owner shows up to defend himself.
Lodestone Chiropractic practices out of an office building on Irvine Boulevard. According to the staff report, the city became alerted to an irregularity in their business license when a massage therapist came in to obtain their business license as an independent contractor for “Lodestone Therapy”. It was noted then that the chiropractic business states on their license application they did not provide massage therapy services at their business. The ommission is what prompted a revocation of his license and this appeal.
Lodestone’s owner, Antoni Nguyen, defended his application by stating that he is a duly licensed chiropractor and, according to state law, massage is listed as a normal practice for chiropractors. So, Nguyen didn’t need to state that he offers massage therapy separately on the license.
Well, I’ve been going to my chiropractor for 15 years and she also practices massage therapy. I think what the state had in mind was more in line with what she offers and how she offers it. Her massage is incidental to her chiropractic work and does not involve dressing up in skimpy outfits ala housemaid.
When the city looked into Nguyen’s business practices, they found a web ad on backpage.com for “Full Body Massage”, 7 days a week from 10am to 9pm. The accompanying photos show a young lady looking back over her shoulder while wearing a skimpy top. I seriously doubt she knows swedish massage techniques. As a matter of record, she is also not a licensed chiropractor.
Now, I don’t blame Nguyen a bit for taking the position he does in his appeal. State law specifically allows licensed chiropractors to provide massage as part of their therapy for a patient. But, the state law he cites is for licensing chiropractors, not their business. The city says he failed to note the massage therapy, provided by an independent contractor, on the license. This is pretty much a no-brainer. The length of the discussion, however, will depend on how much the commission wants to hear themselves talk as well as whether Altowaiji wants to somehow work this into another diatribe against Elizabeth Binsack.
In any case, I expect our fair city to be shy one more business supplying dubious “therapeutic massage”. While there are a few spas and independent massage therapists in Tustin offering legitimate services, there are at least as many the city should go after for illicit trade. Maybe Chief Celano can get a volunteer to run a sting operation and flush out the sex trade.
We always like a good laugh and this week’s meeting should provide a few. I’ll let you know if there is anything noteworthy to report.
Oh, if you want to look at the pictures, guys, they can be found in the staff report here.
Updated 2/23/15 10:00 pm –
Tuesday’s Planning Commission meeting agenda has only five items on it with two of those being routine Consent Calendar issues. Unless someone raises an issue with the 2014 General Plan Report, it should sail through on the vote.
Less likely to just sail through without comment is the Public Hearing, Item 3, Code Amendment 2015-01 – Second Residential Units in the Cultural Resource District. Two years ago, the city held community workshops on modifying second unit and guest home ordinances in Old Town Tustin. It looked like they would continue working on the matter when, suddenly, the project was dropped. The city’s response to inquiries was, “the study will be completed sometime but it is not a priority.” Huh.
So, the project languished for another year after workshops that more than 40 people attended. Supposedly, another workshop was held in 2013 but we can’t find any record of that or who may have attended. The project foundered again until the city revived the issue without warning or notice for this meeting.
In all, the proposed ordinance will eliminate the construction or remodeling of accessory buildings into guest rooms. At the same time, many of the former restrictions on 2nd units will be lifted, including that of minimum lot size. The proposed ordinance would also:
- Eliminate maximum lot coverage (formerly 30% of rear and side yards)
- Require one garage or carport parking spot
- Maximum size limited to 50% of primary dwelling not exceeding 600 square feet
Everything else would remain the same as the existing ordinance for 2nd units. Current, legal guest houses would be allowed to continue with the same restrictions (including the dreaded deed restriction) or, if they conform to the new ordinance, would be allowed to be reclassified at the owner’s option.
The down side, of course, is the probable increase in traffic and population in Old Town. The proposed ordinance would allow 149 more properties in Old Town to construct 2nd units. It’s doubtful that many folks are clamoring for building permits, though. So, the impact would likely be minimal.
In any case, it would help to eliminate the embarrassing situation the city found itself in a few years ago when the Community Development Department, doing then Mayor Jerry Amante’s bidding, attempted to deconstruct apartments built behind a home on Pacific St. The resulting rancor soured many Old Town residents on the city and their nanny-state attitude. It didn’t help that the city spent thousands of taxpayer dollars on their vendetta.
In an about face, the city has worked with the residents of Old Town to craft a workable ordinance that will enhance property values, increase income to the city through property tax values, and allow property owners to enhance their properties with minimal interference from the city. That’s a win-win situation. Thanks, Elizabeth.
Under Regular Business, we mistakenly thought Item 4, Tustin Historic Register Nomination, was the first of the city pioneer busts to be erected. A little closeer look, of course, reminded us of the historic plaque program and the Tustin Historic Register.
The nominee for the plaque designation this time is the home at 178 North C Street. Known as the “Knapp House“, the home was constructed in 1920 and is listed in the Register as a California Bungalow. It is a beautiful house and a treasure in our Old Town area. If you haven’t seen it, it’s worth the walk over to C Street. Heck, make an evening of it and wander over to Morey’s Place on El Camino for dinner.
According to supporting documents, the Knapp sisters lived at the residence, the last one passing away in 1975 at the age of 96. It seems we have some long-lived residents here. Must be the water.
The final item on the docket is Item 5, Withdrawal of CUP and Design Review for an antenna farm that would have been located in a storage facility near Tustin Ranch Road. Verizon Wireless had been planning a new cellular antenna when they suddenly decided to drop the application. Not sure why.
If you live in the Old Town area or have an interest in our Cultural Resources District, you may want to join the party on Tuesday at 7 pm just to make sure “new” items don’t make their way into the proposed 2nd unit ordinance.
We spoke with a few residents this evening who are concerned about the 2nd unit ordinance. If the Planning Commission thought it would be an easy night, they better cancel any after meeting plans. I get the feeling there will be plenty said during public comment from both sides of the issue.
Unless items are pulled from the Consent Calendar for discussion, Tuesday’s Tustin City Council meeting should be fairly short. Of course, short is a relative term when it comes to this council, who often discuss issues of little or no relevance just to hear themselves speak. If you doubt my words, watch the “councilmember comments” for the complete rundown of where they’ve been.
The Closed Session has the usual suspects but is also populated with a number of, what appear to be, associated claims. Stephanie Loy, Laura Hernandez, Jose Franco, Kaitlyn Kim and Jessica Ma filed claims late last year with the city.
Management Works has filed the first claim of the year. Management Works is the property manager for the Park Magnolia Apartment Homes on on Tustin Village Way off Williams Street. Gangs are prevalent in the area, so it should be interesting to see what the claims are and to see if they are actually related. I don’t usually take the time to visit the city clerk’s office but this may be worth the effort.
Most items on the Consent Calendar are routine. It is good to see the city recognizing their support of veterans by renaming the soon-to-be Tustin Legacy Park to Veterans Sports Park. This 33 acre park will encompass sports fields that include softball, football and soccer fields. There will also be a Veterans Memorial which the city is asking for help from the community on. Plans for the park can be seen here.
Item 5, Grant Application for Housing Related Parks Program, is a request to apply for another parks grant related to affordable housing. Frontier Park has already benefited from a previous grant and city staff believe there will be more money availbable this time around. Most grants like this require matching local funding. According to the staff report, this one does not.
You can expect quieter disruptions during underground street work should Item 9, Purchase of Hydro Excavator, be approved. The machine selected by the public works department would be quieter and less disruptive when having to dig underground. Of course, it all comes at a cost of nearly half a million dollars but, hey. It’s budgeted for.
The final item of the Consent Calendar and one that should certainly be discussed, would establish another “limited term” position, this time for a Principal Plan Check Engineer. Reading the brief agenda item would lead us to believe this is project specific. I wonder how many of Elizabeth Binsack’s other limited term positions she has asked for still work for the city? I’m actually surprised to see this since City Manager Jeff Parker has the apparent authority to hire anyone he wants, anytime he wants.
The sole item under Regular Business may take some time to discuss, as it should. The Mid-Year Budget Review should raise some eyebrows just for the (un)expected requests for reserve funds. Regardless of the fact we may be above reserves (Parker should be willing to tell us), it is ridiculous that reserve funds are being used mostly for items that should have been accounted for properly.
Except for comments on their reported whereabouts by the individual councilmembers, that would appear to be it for the week. We’ll let you know if they have anything interesting to say.