12-18-1972 - Laserfiche WebLink

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Councilman Markel's motion to uphold the decision of the Planning Commission and instruct the City Attorney to prepare a resolution denying the appeal'was seconded by Councilman Yamamoto. Councilman Herrin inquired as to the fate of the appellant's business if the appeal were denied. The Acting Planning Director stated that Mr. Bruce did have a valid permit which had been granted in December of 1971; that he would not have to leave the site, but would have to improve the fence and debate the other issues; that in discussions with the Director of Public Works, it was his suggestion that perhaps something could be worked out, possibly posting a bond or cash in hand, and at the end of the three years he could apply for a new variance. The Director of Public Works stated that in his opinion, the Poinset- tia improvements should go in immediately. The Acting Planning Director stated that he did not believe that Mr. Bruce had a business license; that he would first have to put a fence around the parcel; that the Planning Commission had been very distressed at the unsightliness of the site; that a year has gone by; that they don't want to be the junk capital of Orange County; that businesses have a tendency to point to the worst site and say that they don't have to do better than that. Councilman Evans stated that he was opposed to the motion, however, he did not like to see the three-year period waived and that he believed replacement of the fence to be an absolute necessity. Mr. Bruce stated that he would have put a fence up, but that he had not been able to obtain a building permit until he had put in a sidewalk. Mayor Griset asked staff if Mr. Bruce would be required to put up a bond or some deposit to guarantee that the requirements would be met within the three-year period. In response, the Acting Planning Director stated that with respect to Poinsettia, they could reduce the size of the street to 50' instead of the required 60' The Director of Public Works stated that he had been referring to the present CUP, and that some of the conditions of the prior CUP were involved. Councilman Villa repeated what he believed the facts to be by stating that Mr. Bruce was being compelled to construct a fence, but conditional upon his constructing a sidewalk, since he would not be issued a building permit without first constructing the sidewalk. The Acting Planning Director asked if it would be possible to send the matter back to the Planning Commission for an in-depth study for sidewalk requirements so that the Commission could be made aware of the definite time limit; when the street would be improved; and when the work would be required. Councilman Villa's motion to table the motion to deny the appeal so that the Planning Commission could make an in-depth study of the entire situation was seconded by Councilman Evans, and unanimously carried. CITY COUNCIL MINUTES 477 DECEMBER 18, 1972