On May 9, DiTomaso confirmed
that he and Salomon had mutually decided to terminate their lease
agreement. DiTomaso had said his lease allowed him to refrain from
paying rent until he received required permits. With the new ordinance
in place, he would not be issued any building permits for some time
and didn't want Salomon to lose rent money while they waited.
But Salomon said he and DiTomaso changed their minds after speaking
with an attorney.
They decided to submit plans for approval this week, according to
Salomon and DiTomaso, but will take a wait-and-see position until
the moratorium expires in June.
"If it gets extended, we'll see what our attorneys have to say,"
Salomon said.
DiTomaso said he is willing to persevere as long as Salomon refrains
from charging him rent until he is granted the necessary building
permits.
"I'm willing to leave 45 days on the work table. It doesn't cost
me any money. The reason I got out of it is because I felt bad for
Mr. Salomon," he said. "I'll take it as far as he wants
to go."
Initially DiTomaso said he was told by Ojai Planning Department officials
that he would be required to install a handicapped toilet in order
to open his sandwich shop. But he failed to acquire building permits
before the passage of the temporary moratorium and thus the project
has been put on hold indefinitely.
Salomon said that he was mistreated and misinformed by the department.
He cited two instances where he was told by two planning officials,
at least one of whom he believed to be the planning director, that
there would be no problem with opening a Subway sandwich shop in his
building as long as the handicapped bathroom was built. He also said
that DiTomaso had met with planning and building officials prior to
signing the lease at the end of March.
City planner, Katrina Schmidt said she met with Salomon several times
in the past years about other things but never specifically about
Subway.
City manager and Community Development director Jere Kersnar confirmed
that there had been no formal meetings with the city in the recent
past regarding a Subway sandwich shop.
DiTomaso said his contractor had visited the Planning Department and
asked some questions of the planning and building technician and the
building official. He alleged they both verified that opening a sandwich
shop should be a fairly simple affair as long as a handicapped bathroom
was installed. However, DiTomaso confirmed that his inquiries were
informal, unofficial and strictly from a building perspective.
Kersnar said that the planning and building technician might have
informed Salomon and DiTomaso before the moratorium had passed that
there was nothing stopping them from opening a Subway. That information
would have been accurate at that time, he said.
Salomon likened the frenzy of opposition to the impending Subway to
the Salem witch hunts in a May
9 letter to Mayor Carol Smith, and reproached the temporary moratorium.
"We have every reason to believe that the ordinance is legal,
but we are also convinced that you and your colleagues acted unethically
in the light of what has transpired," Salomon wrote.
Salomon said he and DiTomaso will submit plans to the city for approval
and wait until the moratorium expires before deciding what to do next.
If building permits are not obtained after the 45-day moratorium is
up, Salomon said he and Subway will possibly consider taking legal
action.
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