HomeMy WebLinkAboutCORRESPONDENCE - 50AMitre - Ramirez, Norma
From: Huizar, Maria
Sent: Tuesday, August 05, 2014 1:48 PM
To: Haluza, Karen
Cc: Carvalho, Sonia R.; Cavazos, David; Mitre - Ramirez, Norma; Trujillo, Rose Ann
Subject: City Council agenda: 45 day Moratorium on recycling businesses & 3307 SOUTH MAIN
ST.
Attachments: Stop Recycling Flyer.pdf; 3307 S Main, SA_Brochure.pdf; OrangeLeftC55011195.pdf
Categorises: CA Correspondence
The following correspondence has been received on Agenda Item 50A.
Letter has been entered into the record. Thank you.
From: Magallon, Becky
Sent: Tuesday, August 05, 2014 1:46 PM
To: Huizar, Maria
Subject: FW: City Council agenda: 45 day Moratorium on recycling businesses & 3307 SOUTH MAIN ST.
Maria,
I'm forwarding an email that the Council received regarding an item on tonight's Council agenda.
Becky Magallon
Executive Assistant
City Manager's Office
From: Jack Haley [mailto:JHaley @lee- associates.com]
Sent: Tuesday, August 05, 2014 11:34 AM
To: Sarmiento, Vince; Pulido, Miguel; Martinez, Michele; Amezcua, Angelica; Benavides, David; Reyna, Roman; Tinajero,
Sal
Cc: Cavazos, David; Chuck Hardy; Greg Diab
Subject: City Council agenda: 45 day Moratorium on recycling businesses & 3307 SOUTH MAIN ST.
Dear City Councilmen and Councilwomen:
As someone that has represented local business owners for the past 25 years and as a current member of the Board of
Directors of the Santa Ana Chamber of Commerce, I urge you to vote no on the Ordinance 45 day Moratorium on
tonight's agenda (Item 50A)
This ordinance is a perfect example of how Santa Ana has gotten a reputation of not being business friendly
and isn't consistent with the goals you have supported to improve the Santa Ana business environment.
This ordinance is using a canon to "blow up' all recycling projects in order to address a single project that is
proposing a light recycling use on the questionable basis of being incompatible with adjacent land uses. This
use does not create the exaggerated impacts cited by city staff in justifying this ordinance, yet will create
substantial financial loss to the business owner and the property owners who relied on the city's zoning. It will
cause this business to leave the city.
CCM 08/05/2014
50A
This business is an existing business in Santa Ana that serves over 60,000 customers ,many of which rely on
this business to augment or supply their income. They also have 28 employees, most of whom live in Santa
Ana.
Additionally, OC Recycling serves 300 local businesses to whom they provide exceptional recycling services,
including Home Depot, Walmart, Walgreens, Rite Aide, The US Postal Service, and many others.
The business supports countless local vendors who rely on the center for income. Also, on any given month
OC Recycling injects in the neighborhood of $1 Million dollars into the local economy.
It is completely inappropriate to propose this ordinance and takes a giant step towards pushing businesses out
of the City.
Please do not support this ordinance but rather direct staff to work with this single applicant under the
existing zoning laws which provide the city enough tools to design a project compatible with the
neighborhood.
Background information on this agenda item:
We represent the Landlord and new tenant at 3307 SOUTH MAIN ST. which has been a towing yard for the previous 20
yrs (industrial zoned property)
On June 18" a meeting occurred between the OC Recycling tenant, his attorney, Mr. Vince Fregoso and Mr. Ryan Hodge
(City attorney). The tenant was given a "green light" on their use of the property and Mr. Fregoso developed a list of
remodel items the City required.
During the remodel work the neighboring property owner objects to the tenant's legal use of the property and creates
the attached flyer and distributes it throughout the neighborhood.
Then around July 18th the tenant is told by Mr. Fregoso, while attempting to get final approval for his building permits,
that City is withdrawing its previous approval because of resident complaints from the area.
Last week we called Vince Fregoso to pin down the city's position:
The conversation netted out the following:
A permit is required to replace a section of the blacktop with concrete.
A demo permit is required to remove the old fencing.
They had several complaints from the residents across the street,
the residents from the south, and the South Coast Metro Alliance stemming from the flyer distribution.
Hence they are worried about noise, traffic, vibration, as well as
the fact that they want to review the State Code that deals with recycling.
He said nothing about the flyer that had been sent around and which
George (property owner) forwarded to us.
In summary the "staff" is recommending that there be a 45 day moratorium
on recycling until these issues are resolved.
We pointed out that the City was aware of the tenant's interest in the site almost 3 months ago
And this moratorium is also a tremendous imposition on the property owner's financial
Condition since the property can't be leased until these issues are resolved
Jack Haley, CCIM I Principal
Lee & Associates Commercial Real Estate Services, Inc. - Orange
Direct: 714 -564 -7172
Main: 714 -647 -9100
Fax: 714-643-5285
1004 W. Taft Avenue, Suite 150
Orange, CA 92865
SEE &
:A ssoclATEs-
CL MMFnC Mk REAL ESTATE SEf2VCCL'8
A Member of the Lee & Associates Group of Companies
its Website: www.iackhalev.biz
Confidentiality Notice: The information contained in this electronic e-mail and any accompanying attachment(s) is intended only for the use of the
intended recipient and may be confidential. If any reader of this communication is not the intended recipient, unauthorized use, disclosure or copying is
strictly prohibited, and may be unlawful. If you have received this communication in error, please immediately notify the sender by return e-mail, and
delete the original message and all copies from your system. Thank you.
From: Ryan Bloom [mailto:rbloom(c ocrecycling.com]
Sent: Monday, July 28, 2014 12:41 PM
To: George Carson & Associates
Subject:
Ryan Bloom
N_
rbloomkOCrecycling com
714 - RECYCLE (732 -9253)
fax 888 - 467 -7620
1601 E. Edinger Ave.
Santa Ana, CA 92705
www.CiCrecycling.co
WMI
PRIVACY /CONFIDENTIALITY NOTICE: This e-mail communication may contain private, confidential, or legally privileged information
intended for the sole use of the designated and /or duly authorized recipient(s). If you are not the intended recipint or have
received this communication in error, please notify the sender immediately by email and destroy all copies of this e-mail,
including all attachments, without reading them or saving them to your computer or any attached storage device. If you are the
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transmission is hereby excluded to the fullest extent possible.
Stop the recycling center
at 3307 S. Main Street!
The city of Santa Ana is in the process of possibly
permitting a recycling facility to be opened at 3307 S. Main
St., such a facility would produce constant foul smells,
noise pollution and of greatest concern: air pollution in the
form of glass dust and particulate matter which are very
harmful•to humans (especially the young, elderly and those
with asthma). The property also seems inadequate for
handling the increased traffic (especially large trucks
backing on and off of already congested Main St.).
I encourage you to do a web search for "pollution from
recycling centers" and judge for yourself if this is right for
our neighborhood with so much high - density residential
housing.
Please call Santa Ana's Planning Department NOW at
(714) 647 -5804 or 647 -5400, or City Council at (714)
647 -6900 and voice your concerns before it's too late to
stop this.
FOR EASE Large Paved, Fenced
& Lighted Yard
Features:
♦ Approximately 1,000 SF Office
with 1,430 SF Warehouse /Shop
♦ 1 Ground Level Loading Door
♦ 2 Restrooms
s Entry from Main or Columbine
♦ High Traffic Count Street
♦ Excellent Access to 55 & 405
Freeways & John Wayne Airport
♦ See Layout on Reverse Side
For more information, contact:
Chuck Hardy
714- 564 -7131
chardy @lee- associates.com
BRE #00482557
02014 Lee & Associates. All information contained herein has been provided by Lessor and /or third parties, but has not been Independently verified by Lee &
Associates or its agent(s). Lessee and interested parties should independently verify all information communicated by these sources. Corporate ID #01011260
3307 S. Main Street - Santa Ana, CA
Lee & Associates Commercial Real Estate Services, Inc. — Orange
1004 W. Taft Avenue, Suite 150 — Orange, CA 92865
MAYOR
Miguel A. Pulido
MAYOR PRO TEM
Sal Tinalem
COUNCILMEMBERS
Angellm Amazcus
P. David Senavldas
Michele Martinez
Roman Rayne
Vincent F. Sarmiento
Dear Property Owner:
CITY OF SANTA ANA
PLANNING & BUILDING AGENCY
20 Civic Center Plaza
P.O. Box 1988 s Santa Ana, California 92702
vwrw.santEt- ana.org /pba
NOTICE TO PROPERTY OWNER
CITY MANAGER
David Cavazos
CITY ATTORNEY
Sonia R. Carvalho
CLERK OF THE COUNCIL
Marla b, Hulzar
An application for a building permit has been submitted in your name listing yourself as the builder of the property
improvements specified at
3307 S. Main St. Santa Ana CA 92707
We are providing you with an Owner - Builder Acknowledgment and Information Verification Form to make you aware of
your responsibilities and possible risk you may incur by having this permit issued in your names as ft Owner,Butlder.
We will not Issue a building permit until you have read, initialed your understanding of each provision, signed, and returned
this form to us at our official address indicated. An agent of the owner cannot execute this nofiipe unless *you, the property
owner, obtain the prior approval of the permitting authority.
and lnlVal each statement below to slpnlfy you understand or verify this Information.
1. I understand a frequent practice of unlicensed persons Is to have the property owner obtain an "Owner - Bulider"
building permit that erroneously Implies that the property owner is providing his or her own labor and material personally. I,
as an Owner - Builder, may be held liable and subject to serious financial risk for any Injuries sustained by an unlicensed
person and his or her employees while working on my property. My homeowner's Insurance may not provide coverage for
those injuries. I am willfully acting as an Owner - Builder and am aware of the limits of my insurance coverage for injuries to
workers on my property.
z. 1 understand building permits are not required to be signed by property owners unless they are responsible for
the construction and are not,hlring a licensed Contractor to assume this responsibility.
,3. I understand as an "Owner - Builder" I am the responsible parry of record on the permit. I understand that I may
protect myself from potential financial risk by hiring a licensed Contractor and having the permit filed in his or her name
Instead of my own.
4. 1 understand Contractors are required by law to be licensed and bonded in California and to list their license
numbers on permits and contracts.
_5. I understand if I employ or otherwise engage any persons, other than California licensed Contractors, and the
total value of my construction is at least five hundred dollars ($500), including labor and materials, I may be considered an
"employer" under state and federal law.
8. I understand if I am considered an "employer" under state and Federal law, I must register with the state and
federal government, withhold payroll taxes, provide workers' compensation disability insurance, and contribute to
unemployment compensation of each 'employee " I also understand my failure to abide by these laws may subject me to
serious financial risk.
7. 1 understand under Caltfomia Contractors' State License Law, an Owner - Builder who builds single - family
residential structures cannot legally build them with the intent to offer them for sale, unless all work B performed by
licensed subcontractors and the number of structures does not exceed four within any calendar years, or all of the work is
performed under contract with a licensed general building Contractor.
�8. 1 understand as an Owner - Builder if I sell the property for which this permit is issued, I may be held liable for any
financial or personal injuries sustained by any subsequent owner(s) that result from any latent construction defects in the
workmanship or materials.
9, 1 understand I may obtain more information regarding my obligations as an "employer" from the Internal Revenue
Service, the United States Small Business Administration, the California Department of Benefit Payments, and the
California Division of Industrial Accidents. I also understand I may contact the California Contractors' State License Board
(CSLB) at 1 -800- 321 -CSLB (2752) or www.oslb.ca.dov for more information about licensed contractors.
10. 1 am aware of and consent to an Owner- Builder building permit applied for in my name, and understand that I am
the party legally and financially responsible for proposed construction activity at the following
address: 3307 S. Main St. Santa .Ana CA 92707
11. 1 agree that, as the party legally and financially responsible for this proposed construction activity, I will abide by
all applicable laws and requirements that govern Owner - Builders as well as employers.
12. 1 agree to notify the issuer of this form Immediately of any additions, deletions, or changes to any of the
information I have provided on this form.
Licensed contractors are regulated by laws designed to protect the public. If you contract with someone who does not
have a license, the Contractors' State License Board may be unable to assist you with any financial loss you may sustain
as a result of a complaint. Your only remedy against unlicensed Contractors may be in civil court. It is also important for
you to understand that If an unlicensed Contractor or employee of that individual or firm Is Injured while working on your
property, you may be held liable for damages. If you obtain a permit as Owner- Builder and wish to hire Contactors, you will
be responsible for verifying whether or not those Contractors are properly licensed and the status of their workers'
compensation Insurance coverage.
Before a building permit can be Issued, this form must be completed and signed by the property owner and
returned to the agency responsible for issuing the permit. Note., A cony of the orosenv, owner's driver's l/c
Signature of Property Owner Date: 6/25/2014
Print name of Owner George Carson
AUTHORIZATION OF AGENT TO ACT ON PROPERTY OWNER'S BEHALF
Excluding the Notice to Property Owner, the execution of which I understand is my personal responsibility, I hereby authorize the
following person(s) to act as my agent(s) to apply for, sign, and file the documents necessary to obtain an Owner - Builder Permit for my
project' Demo Wood fence, Replace with Block Wall
Scope of Construction Project (or Description of Work): Parking lot striping, Service Upgrade, Landscaping
Project Location or Address: 3307 S. Main St
Name of Authorized Anent Ryan Bloom
Santa Ana CA 92707
Address ofAuthodzed Agent. 3307 S. Main St. Santa Ana CA 92707
Phone Number of Authorized Agent: 562.2 5 4.5212
I declare under penalty of perjury that I am the property owner for the address listed above and I personally filled out the above
Information and cartify its accuracy.
Property Owner's Signature:
PrintName0f0wrw: George Carson
Date: 6/25/2014
oter A copy of the owner's driver's license, form notedradon, or other verffloadon acceptable to the agency is required to
be presented when the pannit Is Issued to verity the property owner's signature.
nk: WP51/Counter Aaavriy /Aseemby Bllls/Notloe to Property Form 03- 13.2014
SANTA ANA CITY COUNCIL,
Mlguw A. T ido i SW 74*m I MI P. SYI Mo i Mdatle McNnez i A.9*a Aw=a i P, DeNW NuMas i RQm Reyna
Maya, Myor Pe Tem.Wada i WW41 Wwd2 Ward Ward Wds
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MM 41ma"ma- a.eae j AMnem,aamMaare.wa i osaneddnaaa,aen,na.em Pnamwanm,na.wo
Property Activity
3307 S Main St, Santa Ana, CA 927074406
Property Information Planning History Building Pertrtt History O
lapplications Applitaaon Type Detormination
773-DTO
Publicftrks Applicatlon
-814 -BPR
Public Mrka Applleb9on
4. 386 -ALT
Now- Residential
-API
Appeal
Details Environmental
Staff Ree w
Approved
Staff ReOew
StafRvAew
lspection History
Start Prooct Name
06284014 SCE(PAR) TD774903_Niln No
Columbine
071022014 OC Rocydingperimoterblaakwar
00244014 OC Recycling penmolerblockwall
05109/1990 J AND R TOWING
Ilcatlon Description
perimeter block wall (replace e>asting wood fence) and Increase height of east bbdr wall wttil 9 ftlgt high smooth metal e>Qentaion. Also
parking lot layout with parking per code.
A
Planning and Building Agency
Planning Division
20 Civic Center Plaza
P.O. Box 1888 (M-20)
Santa Ana, CA 92702
(714) 647-6804
www.eanta-ana.org
Master l.D.: 2014 -1 15109
Project Address: 3307 3 Main St
Sapin Dev Rev
Application Data Sheet
Application Number: NONR - 2014- 385•ALT
Application Date: 06/2412014
PUmner/ProjectManager: Fragoso,Vince
Determination: Staff Review
Application Descriptions New perimeter block wall (replace existing wood fence). Also Increase height of east block wall with 3 foot
high smooth metal extension.
Dev Rev Project Conditions:
OK to plan check. Final approval pending:
1. Submittal of detail on smooth metal extension for east wall
2. Authorisation from east property owner allowing extension to east
wall.
Page I of I
ow
RecyclinJ.com
RE: Main St. Property
Fregoso, Vince <VFregoso @santaana.org>
To: Ryan Bloom <rbloom@ocrecycling.com>
Hi Ryan,
Fri, May 30, 2014 at 11:24 AM
I hope you had a nice vacation. After researching the property in question, the zoning will allow you to
operate a recycling facility at this location. Before we can issue you a certificate of occupancy for this new
facility, you will need to submit plans that show that your use will be in compliance with the Light
Industrial (M -1) standards as well as the Recycling Facilities standards. After visitingthe site and
reviewing the codes, I have identified the issues that you need to address on a plan:
1. A solid wall not less than 8feet in height must be constructed around the perimeter of the property.
This will require you to replace the existing wood fence around most of the perimeter of the property
(Section 41- 473b).
2. The compounding and /or processing of the recyclables must be within a completely enclosed
building. The processing /compounding cannot be located undera canopy (Section 41-473e).
3. The site needs to comply with the Light Industrial (M -I) landscape setback standards. Please show
the landscaped setback on a site plan [Section 41- 1255(6)].
4. All exterior storage of materials will need to be within sturdy containers [Section 41- 1255(7)].
S. Let me know if your facility will be accepting customers. If so, you will need to show how vehicular
circulation and recyclable deposits will occur. And, a minimum of 10p a rking spaces need to be provided
for customers [Section 41- 1255(9)].
6. Since you are located within 500feet of a residential use (directly south of the site), your operating
hours are limited to 7 am to 7 pm. Please add this note to the plans [Section 41- 1255(12)).
Once you get your plans finalized, feel free to contact me so we can meet meat the counter. I can take a
quick look at the plans to be sure you have addressed all of the issues. Let me know if you need any other
information.
Thanks,
Vince C. Fregoso, AICP