Politics & Government
Permit Scofflaw Incurs City Wrath
A resident whose property is visible from Ortega Highway asked the Planning Commission to OK work he did without proper authorization. No dice, officials say.
The Planning Commission turned down a request from a serial code violator to go legit Tuesday.
Since 2007, the city has cited Gaspar Pastor for numerous changes he’s made to his Belford Terrace home, some of which can be seen from , which his backyard abuts.
“There’s obviously no regard for the process,” said Commissioner Jeff Parkhurst.
Find out what's happening in San Juan Capistranofor free with the latest updates from Patch.
Perhaps the most egregious of the past violations, according to planner David Contreras, was leveling the slope in Pastor's backyard. In the process, he stripped the area of trees, shrubs and landscaping and brought in 160 cubic yards of fill soil.
The area has become a storage area that can be seen from Ortega Highway and once housed an illegal chicken coop, Contreras said.
Find out what's happening in San Juan Capistranofor free with the latest updates from Patch.
Pastor recently approached the city to get retroactive permission for the grading and to bring in another 50 cubic yards of fill soil. He also asked for permission to build a new retaining wall and plant some Eugenia shrubs.
Pastor’s property is the first along Ortega Highway that is not part of a landscape maintenance district that backs the Belford Terrace homes, Contreras said. So while the rest have steep slopes that feature landscaping, Pastor’s property stands in contrast.
According to a city staff report, the additional work would create a pad of 3,300 square feet. It sits across the entrance to the El Nido Mobile Estates at Avenida Victoria.
Some of the commissioners were sympathetic to Pastor because he was finally trying to work with the city. But they said his plan still wasn’t acceptable.
“I don’t like the plan that’s been submitted,” said Commissioner Robert Williams. “I think there are ways for us to work with this.”
But Commissioner Gene Ratcliffe, who chaired the discussion because Chairman Sheldon Cohen lives too close to Pastor’s home, couldn’t see it.
“We don’t know what’s going on back there. We don’t like it. Start from scratch,” she said.
City staff, however, isn’t convinced that Pastor will honor the city’s permitting process, said Grant Taylor, director of community development.
The enforcement of the code violations will continue as long as the violations continue, he added. If the city is unable to get cooperation, the case may be handed over to the city attorney’s office for prosecution.