Well, it was an interesting meeting of the Tustin Planning Commission last night. Wish I could have been there. This morning’s video was good for a laugh, anyway. Someone should tell Commissioner Ryder Smith the meeting is taped. The closeup of him chewing his cud on camera was priceless. Hope he isn’t running for councilman next year.
Well, I was wrong. I predicted a change-up of chair and pro tem. The commissioners, by obvious prior collusion, decided to keep Jeff Thompson and Austin Lumbard in their respective seats. Congratulations. Of course, Lumbard may be waiting until next year to be elevated to chair so he doesn’t have as long to embarrass himself before the city council elections.
I don’t know if the guy showing up with Lodestone Chiropractic owner Antoni Nguyen was a lawyer or not but he sure sounded like one. Denying Nguyen was running a massage parlor and stating that he had no employees, Mr. Dudeker (apologies on any misspelling) spent his time stumbling over words in an attempt to distance Nguyen from the independent contractor who blew the whistle on him in the first place. It took more than 20 minutes of questioning by Jeff Thompson (who missed his calling as an attorney) and the others to ferret out the real truth that Nguyen did lie on his application.
Probably the most compelling speaker to complain about the business activities was a 19 year old young lady who lives in the area. Saying that she and her friends had been approached numerous times by strange men who park in front of her house at all hours of the night, she asked the commissioners to do the right thing for the neighborhood and shut the business. And, they did. On a 5 to 0 vote, the commissioners upheld the staff recommendation to invalidate Nguyen’s business license.
Over the past few years, the city has been dealing more and more with massage parlor type businesses. While it can be difficult to discern legitimate businesses from sleazy parlor operations like the ones depicted on backpage.com, it is important for the city to continue to crack down on them when they can. And, our city has not done enough.
I can remember only one sting operation the police department has publicized in the past couple of years. In testimony over another massage parlor license about this time last year, an undercover officer told the city council he had been involved in a sting operation with an associated business. The discussion was pretty graphic and gave an understanding of just how sleazy and dangerous the massage parlor/sex trade business can be.
Our town Tustin, unfortunately, seems to have become a haven for “day spas”. I’m not saying they all run their operation with skimpy outfitted young ladies inferring sex upon payment is an option. But, at least some of them are. The city could be doing more to squelch these types of operation while allowing legitimate spas to conduct their business without this stigma hanging over their heads. No legitimate business is going to object to occasional, unannounced visits.
Last year, the governor signed a new law re instituting the California Massage Therapy Council as the governing board to certify massage therapists. A Certified Massage Therapist is required to undergo 500 hours of training to be certified. There are fingerprinting and background checks as well.
The CMTC has had its detractors, surprisingly, cities who want to keep more local control of massage therapists and businesses in the lucrative sex trade. Instead of objecting to the state certification, however, cities should embrace the state permitting system and look to tighten controls at that level. Any profession that requires the touching of hair, skin or other body parts, should undergo uniform requirements for certification. The city council-lauded Association of California Cities-OC, led by former police officer and Tustin Councilman Al Murray, could begin with asking for more stringent training and certification requirements.
While cosmetologists and barbers are required to undergo more than a year of full-time training, certified massage therapists are only required to take 500 hours and it may be “distance learning”, a euphemism for on-line school. Even manicurists are required to attend a 400 hour school in person. The ACCOC could create a policy venue to address this.
One of the most important arguments for state licensing and certification is the eradication of the sex trade. Like it or not, massage parlors are a breeding ground for slavery. If you think Tustin is immune, think again. That undercover officer who testified at the city council last year, gave a chilling indication that businesses that support the sex slavery are alive and well in our fair city. It’s time for our city and the police department to take another serious look and eliminate this blot on our community.
In the meantime, it might serve the city council to place a moratorium on massage parlor and day spa business licenses until they can figure out how to separate the legitimate provider from the sex slaver.
After a month long hyatus, the Tustin Planning Commission is taking it easy for their first meeting of the year. The December 9th meeting had only three real items of discussion and they breezed through those in just over 30 minutes. The only reason it took that long was due to the discussion over sign variances on the Legacy property.
The lengthy discussion concerned temporary signs for 800 acres of property involving commercial and personal real property. The city staff, thinking they were going to breeze through this were taken by surprise by the concerns Commissioner Sam (may I call you Sam?) Altowaiji had over size and number of signs. Eventually, the remaining commissioners (two of them recused themselves) approved the ordinance.
Of course, one of the reasons they were able to breeze through the agenda was because they “suggested” going through without presentations. I’m not sure if that sat well with the city staff or if they were relieved they didn’t have to do another dog and pony show for an otherwise empty house while Jeff Thompson pretended to look fascinated. As was pointed out, the staff reports attached to the published agenda have all the information.
Let’s hope they remember that in future meetings.
Community Development Department Director Elizabeth Binsack did report on the Second Community Core Workshop, saying the turnout was very good (it was, I was there) and they received a few comments and suggestions they are considering. The consultants they hired to put this together have done a nice job on the inclusiveness tact.
Barring unforeseen presentations, Tuesday night’s planning commission meeting should go just about as quick as December’s. Only one public hearing is scheduled for a Conditional Use Permit.
Item 2, Conditional Use Permit 2014-22, would establish a dance studio on Bentley Circle near Walnut and Tustin Ranch Road. Actually the applicant, South Coast Performing Arts, has been in Tustin at the Ralphs Shopping Center on Irvine Blvd. since 2005. Business must be good.
The application and report look pretty in-depth save for a couple of items the commissioners should be asking about.
First, the city seems to put an incredible emphasis on environmental health. This building has been used, since 1979, for industrial application. The last use prior to this was as an electronics manufacturer. In my experience, electronics involved a lot of nasty chemicals and solvents for cleaning. Still, no testing or CEQA required before allowing children into the area?
The other item, and I admit it is a small one, is the inclusion of a “homework” room in the plans (right in the middle, Elizabeth). It sounds like this may be used when parents drop their kids off early or pick them up late ala (not-so-) free babysitting. Have those bodies been included in the max number of people at the facility? Just asking, and maybe the commissioners should, too.
That should be it for the week. Hopefully, the commissioners won’t want to spend a lot of time on their personal holiday antics. I’m not sure I want to hear about green bean casseroles gone awry.
The Planning Commission will have a pretty short meeting Tuesday, with only one item on the calendar. That, of course, is barring any lengthy comments from the public. There is also an ominous “presentation” by Elizabeth Binsack at the end of the evening regarding an unnamed subject.
The sole item of interest is on the Consent Calendar and, unless someone pulls it for discussion, it will pass along with the approval of the previous meeting’s minutes. The item, a request for a Use Determination and Conditional Use Permit, would allow Golubitsky Fencing Center to establish a training facility in a light industrial business park on Edniger Avenue near Redhill.
I’m not sure why it needed a sales pitch but, the description of the facility discusses Golubitsky’s involvement with fencing and his awards which includes a silver medal at the Olympics. In any case, it’s a great addition to the recreational venues available to Tustinites and the location is appropriate.
That’s probably a good thing because they have been operating out of this facility for awhile now and the city apparently just caught up with them. The location requires a CUP because “fencing” doesn’t appear in the city codes as an allowable activity (how short sighted). In any case, the city seems to like the idea hence the placement on the Consent Calendar.
Hot on the heels of the recent opening of the new El Camino Cafe in the Del Rio Building in Old Town Tustin, the city has finally released the draft Commercial Design Guidelines for the Cultural Resources District. If you are a glutton for punishment, the 194 page document can be found here. Remember, I warned you.
According to the introductory letter, the guidelines will be used for property preservation and development within the overlay district. It will also:
…provide enhancement or appendix for other city codes for features such as:
- Business identification signs to help preserve and enhance the character of Old Town Tustin.
- Tips for energy efficiency to promote sustainability in your project or property.
- Ideas for landscaping on private property and the public right of way, and suggestions for improving the overall street environments.
- Photos and graphics that help explain improvements that can be made to properties.
- Resources and websitelinks to make it easier to find additional information.
Overall, having a comprehensive set of guidelines is important, particuarly to Old Town residents and businesses. Historically, however, city staff has taken a heavy hand toward anything that doesn’t meet their own personal standard of how the area should look. In addition, the city has a history of showing favoritism to certain residents and businesses. These folks have either been influential because of their standing in the community (not necessarily a bad thing) or their political contributions (a bad, bad thing).
Evidence the fact of the city’s real intent is in the draft guidelines. At one point in the introduction, the dissertation reads:
The Guidelines are intended to serve as a “yardstick” against which proposed projects may be measured. The Guidelines are not intended to be strict development standards as are found in the Zoning Ordinance. It is recognized that not all design principles or criteria may be workable or appropriate for each project, but all applicable projects are encouraged to follow the Guidelines to the greatest extent possible. Therefore, they may be interpreted by the City with some flexibility when applied to specific projects.
This, of course, gives the city an out in regard to how forcefully they will enforce the guidelines against individual businesses. In other words, if you are in, you are in – if you are out, you can kiss your project goodbye.
And, the issue comes to the forefront in regard to “new infill development”. Albeit, there are few lots in the business district in Old Town that are vacant, we do have some. A recent example is the Del Rio building that was built on the old Riteway Dry Cleaners. That lot had a business and an apartment on the rear of the lot. When the new owners wanted to develop the lot, they asked for a business on the first floor with a residence on the second floor (presumably owner-occupied). The city nixed the plan, saing that further contaminant testing would be required than was already accomplished. It should be interesting to see if they require the same depth of testing for the proposed restaurant and living quarters being built on the old auto parts store lot next to Mrs. B’s.
So, will the public or local business owners chime in on the draft plans? They should as this document will (or shold) be used to regulate future business and building in Old Town Tustin. This is probably the most important step toward reahbilitation of the area that should be as viable as the historic downtowns of Fullerton and Orange. And, it’s all in the hands of a (so-called) trusted few.
I wonder if any of our intrepid city fathers attended the opening of the Sand Canyon rail undercrossing in Irvine today? This was a temendous undertaking due, in large part, to the inability of people to safely negotiate train crossings. I guess it is a side effect of the busy lifestyle Orange Countians lead.
In any case, I am sure we’ll find out if any of the Planning Commissioners attended at the close of Tuesday’s meeting. Prior to that, they have a bit of work to do.
On the Consent Calendar is a request for a zoning change, conditional use permit and design review for the construction of a half-dozen condominiums on San Juan Street. City staff are recommending a denial of the request based on a small difference in lot size that would technically disqualify the change. And, although 140 square feet is minimal, rules are rules (sort of).
I suspect the real reason for the denial is the three story size of the proposed condos. It seems the only way to get the required square footage is to go up due to the overal lot size. The neighborhood is mostly one story homes and older apartments and, as the staff report points out, the nearest three story residence is some distance away, making this project stand out like a sore thumb.
It should be interesting to see if anyone comes forward at the meeting to challenge this item. It would seem the only required fix would be to reduce the total number of condos from six to five. Legalities aside, I have to tell you I would not want these in my neighborhood. The design drawings are pretty ugly.
The only other item on the Planning Commission agenda is a Commendation and Tustin Historic Register Nomination for the Artz Building. You probably know this as Rutabeforz Restaurant, that trendy little mainstay known for its upside down Christmas tree and great soups. Gary’s Rack, a well-known men’s store is next door.
The building is 100 years old this year, according to the staff report. And, according to the city, the Preservation Conservancy or the Tustin Area Historical Society would normally make the nomination. Supposedly they didn’t (more on that later) and the city is making the move.
The building, built by Sam Tustin, son of founder Columbus Tustin, was originally leased by Charles Artz for a general store. It has been used over the years for a school and other commercial enterprises, finally ending up as our beloved Rutaz’.
So, why didn’t the local historical society or the Tustin Preservation Conservancy do the nomination as the staff report indicates they normally would? Originally the nominations were done by the Historical Resources Committee (made up, I surmise, of members of the ATHS and the TPC). It seems former councilman and despot-in-residence Jerry Amante may have had a hand in that when the Conservancy supported a local historic architect Amante kicked off the planning commission years ago. Since that time, according to my sources, the nominations have been done mostly by the planning commission.
And, even though Amante crony Elizabeth Binsack failed to mention it in the staff report, the Tustin Preservation Conservancy (and, I assume, the Historical Society) were contacted about the nomination and they are “delighted”.
So are we.
The building in question hardly needs much of a dissertation. But, if you want the rundown on the history, you can read the staff report here. The Artz building is also on the National Register of Historic Places. So, it is fitting it should also be recognized by our own city.
That’s it for this week’s Planning Commission. If you live in the area of San Juan and Utt, you may want to attend the meeting just in case the condo folks try to sway the commission. Of course, they can always (and probably will) appeal to the city council. I’m sure they have a friend on the council somewhere.