What was once an unsightly gas station left unused on the corner of Avenida Palizada, just off the 5 Freeway, has been reduced to a fence-enclosed slab of concrete.
The removal of the former gas station and its accompanying structures follows a settlement agreement between the property owner and the City of San Clemente that had been reached this past fall.
“I’m really happy we were able to get that structure down,” Mayor Chris Duncan said, noting that he recalls consistently driving by the property and thinking to himself that the station’s demolition was long overdue.
Speaking to the settlement agreement, Duncan praised city staff and Matt Silver, the attorney who represents the city on matters involving code situations. He also held his fellow councilmembers in high esteem for working to get the structure removed.
“This is a council that is going to be getting things done, and this is real progress right there,” an elated Duncan said, later adding: “I’m really happy to see it’s being done. (The property) looks a million times better.”
Per the settlement, Urban Development Corporation (UDC), the owner of the property, agreed to demolish the gas station that’s been abandoned for about a decade. The company also agreed to reimburse the city $18,200 to cover outstanding fines UDC had incurred from the city and other costs related to the enforcement of the property.
UDC’s attorney did not respond to a request for comment as of this posting.
The settlement agreement resolves the lawsuit the city had filed against UDC in May 2022, which claimed that the property was a public nuisance and a nuisance per se, and accused the company of engaging in unlawful business practices.
The city sought injunctions, or judicial orders, to bring the property in compliance with the Municipal Code, and abatement, or reduction, of the alleged nuisances.
“The City has attempted to gain Defendants’ voluntary compliance and rehabilitation of the Subject Property since at least March of 2013 to no avail,” the complaint stated. “The City has received complaints about the Subject Property from the public and neighbors and, despite several notices and other contacts, Defendants have made little effort to rehabilitate or remediate the Subject Property.”
Between November 2019 and June 2021, the city issued six administrative citations totaling $5,700 for the continued existence of the canopies, “unsightly” property maintenance, rust stains because of weathered coating and deteriorated paint, temporary fencing, and broken security lighting.
According to the settlement agreement, UDC disputed the city’s claims, contending it had “been in compliance and/or working to gain compliance for many years.” The company further claimed its representatives had numerous meetings with prospective tenants to lease the land.
UDC and its agents, the settlement continued, “had contacts with City personnel to try to come up with a mutually compatible use of the Subject Property; and that Defendant filed an application with the City for a demolition permit concerning the Subject Property several months ago.”
The settlement noted that the city had denied those assertions.
The city’s lawsuit, filed May 27, 2022, named Jack Burk as UDC’s chief executive and one of the owners of the property at 422 N. Avenida De La Estrella. According to the settlement, Burk doesn’t have a legal interest in the land, and therefore was dismissed as a party in the matter.
In terms of what’s in store for the property now that the remnants of the former gas station are gone, Duncan noted that there have been ideas proposed in previous council meetings to reconfigure the busy intersection, incorporating that property.
Such proposals, though, “haven’t been really feasible at this point. So, the short answer is, I’m not sure what’s in store for that corner. It will be largely up to the property owner,” he said. “We understood they had some ideas (for the land) … but we said we weren’t going to entertain that until they took (the structure) down.”
According to Duncan, the city hasn’t received any formal proposals that staff, the planning department or City Council would consider at this point.
“I can tell you from my perspective as the mayor and on City Council, I would hope we could get something soon and that corner is put to good use,” he said. Because it is an entrance point to the city, so it would be really beneficial for those who get off the freeway at that exit that it looks (good) and is useful.”
While the city awaits a proposal by UDC for the property, Duncan said he would prefer to see what it proposes before expressing what the other city officials would like to see developed on the land.
“Frankly, I would like to have the process play out where we get the proposal and evaluate it from there,” he said. “I know that sometimes we get pressured to influence how people develop things, but I think what we want is to have property owners find the best possible use and we determine from there … rather than have the city dabble in and tell people what to do with their properties.”
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