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HomeMy WebLinkAbout13-Building and Safety ,,_._,,-- Clft' OF SAN BERNARDI~ - REQUEA- FOR COUNCIL ACT~ From: Larry E. Reed, Director of B1dg & Safety Subject: BLANKENSHIP REQUEST TO WAIVE PARK & RECREATION DEVELOPMENT FEES Dept: Department of Buil di ng and Safety Date: June 26, 1989 Synopsis of Previous Council action: June 19, 1989 - set for pUblic hearing; to hear testimony concerning walvlng park and recreation development fees for a lot the house was originally destroyed in the 1980 Panorama Fire. Recommended motion: That the request of Paul and Laura Blankenship for the waiver of the park and recreation fees associated with the construction of a residence to be located at 5536 North "E" Street (previous structur( destroyed by the Panorama fire), be approved. {kWL :1 /2~v.. I f'.A/ ~ Annie F. Ramos, Director of Parks and Recreation Ii, > ,/ '- /l-C<: .-<' Signature Contact person: I arry FReed Phone: 384-5274 Supporting data attached: Staff Report Ward: 5th Ward (Tom Minor) FUNDING REOUIREMENTS: Amount: None Source: 16cct.j\Io.L J..A..c!,t. D~.rjJ!.tionl...._.. Finance: Council Notes: 75-0202 Agenda Item NO.~ ~ l, CIIf'OF SAN BERNARDIQ - REQUER FOR COUNCIL ACTI&l. STAFF REPORT The following is the permit history for 5536 N. "E" street. 1. Original subdivision and house built by Raintree Development, Inc., 1968. 2. Garden wall, owner Larry Anderson, 1965. 3. Second garden wall, owner Larry Anderson, 1968. 4. Patio cover, owner william Dahlquist, 1970. 5. swimming pool, owner william Dahlquist, 1973. 6. House destroyed by fire, owner William Dahlquist, 1980. Note: current owner is Mr. Blankenship. The current physical condition of the lot can be described as follows. The lot is fenced with a six foot high wire fence and is vacant (no foundation or structure exists) except for an empty swimming pool. There is some evidence the pool has or is being used as a skate board ramp. The vacant lot is being maintained. The summary of previous Council Action was obtained from the city Clerk's office and reads as follows. NO-FEE BUILDING PERMITS - PANORAMA FIRE - Building and Safety Property owners of record on 11/24/80 in Panorama fire be issued free permits for 180 days, to repair damage to property; property ownership transferred after 11/24/80 are to pay full permit fees. k-48 328 12/8/80 Period of time in which no-fee permits will be issued to Panorama fire victims extended to 11/24/81. K-49 279 5/5/81 Staff has indicated subsequent owners of lots who had their houses destroyed by the Panorama fire have paid the appropriate amount of development fees such as plan review and building permit fees. The question in this case is whether parks and recreation fees are applicable to previously developed lots. As indicated by Mr. Blankenship, the fees for sewer, water and school district has been waived because they were previously paid for as part of the original lot development and house construction. The question in this case is, will the construction of this house impact park and recreation, and if so, did the previous owner pay for these impacts as part of the original development? The staff's recommendation is that park and recreation fees be waived. 75-0264 o. o o /I RE C.C,.- }~D >t::1, June 5, 1989 The c/o 300 San Mayor and Common Council The City Clerk N. "D" Street Bernardino, CA 92418 ~~r"'~:\":"" Ir" ''''1 c. .J.~;. JJ':'. -~} "29 n!l.1I1 -~) .1-\2 :1 b Dear Honorable Mayor and respected Common Council Members: The purpose of this letter is to request a waiver of Parks and Recreation fees associated with the construction of our personal residence to be located at 5536 N. "E" Street in San Bernardino. We believe the ordinance associated with this fee is 15.56.040. Although we have not personally read this ordinance. we have been told by various City officials (Deputy City Attorney Michael Dooey, Parks and Recreation Director Anne Ramos, and others) that no provision is evident that takes into consideration houses destroyed by fire. We purchased our lot in July of 1987 for $32,000 from Mr. & Mrs. William Dahlquist. Mr. Dahlquist is a former Fire Marshall of San Bernardino. We were told at that time by the respected city agencies that these various fees associated with new construction were not pertinent in cases of fire. The house on our property W2S completely destroyed by the Panorama Fire on 12-24-80 (see attached report). We have thus far recej ved waivez's from th~ ~LrJ.ov~ District for ochoal fees and the Municipal Water Department for sewer capacity fees (see attach- ments). These agencies gave us credit because we are replacing a residence which was destroyed by fire. We believe the P~rks and Recreation fee should also be waived because of the same reason.. The process of us constructing a h01!.se on this property in no way represents an expense to the Parks and Recreati on Department. If this house would not have burned and if we pur- chased it today, flu fee would apply. Why should a fee be charged now that we are constructing a house? The property is still just changing ownership the same as in a sale. We llndc.rstand the concept of collecting this fee ror construction in new areas (where the city's populvt l':.;n i:lcrcdses). In Lhis case the Parks and Recreatiun Department rleeds t(J incr28se the capacity of its t facilities to meet the demand of an increased number of users. This is not the case in a change of ownership. We can't believe that when this ordinance was adopted that a revenue projection was made based on fee income earned by new construction which is the result of a natural disaster. An additional 1% fee based on assessed property value is a very substantial expense. We thought one of the benefits of buying a lot in an established neighbor- hood is the exemption of these fees. The City should appreciate the fact that we are improving this vacant lot that has been an eyesore since its' destruction. Everyone on the block we have spoken to is very excited to here that we will be building soon. o " ., ~. . JJ o. o o Please respectfully consider our request to waive this Park and Recrea- tion fee so that we may obtain our permits and begin construction on our proposed date of 8-01-89. Thank you so much for your time. Sincerely: Any quest.ions can be forwarded to: Paul and Laura Blankenship 5280 N. Little Mtn. Dr. #L-6 San Bernardino, CA 92407 Home Phone Work Phone (714) 880-8675 (714) 788-2265 (Paul) /\ /,;' '/1 ! t./ I. ~. Laura K. i ...... I I :<) )( /;7'" _~.,":nJ/,~ t/ 7 .I '.J ,: , Blankenship Date o ilL OlAH 01 C.4.llfORNIA 0 OffiCE or THf !>lAT( fiRE MAR~HAl .'. . '7.~~ I ,,' '" 1 , " " " I' ,~.." ,-,I' ..00'0 I,,, n.. ~."t ,." n' I'" <,-.11' f Hf" ',',,,\1\.11 l'.t,'''.'''''''' ."'" ~.'."".11 '''''' '''.\f1(' 1""1'" I('p' I!' Will """'ll ,,~."~ ,- 10"0 "'''L'11 ,,',>tJoltlll!'" (,lU'" <1"0 r!I('(I. Any l('p'l"'I'nlal,or. a\ l'~ In, ..H,O'lv 1''' "ttUIo1,(\o' 01 'l"DO.t('O lPOlOlIlonl t"..I\.OI!' 't'l'" ~:,i1C FOIl!' 1.'_10'111.1', olllet'. ., nl!',trlf'I ,nlf'nOea nOI ,mp"II'O FIRE INCIDENT REPORT " lC-.. 'L 'L..J ;'>1 ........0(..,., u~( j CITY OF SAN BERNARDINO FIRE DEPARTMENT LOCATION OF INCIDENT 5536 "E" Street OCCuPANT/PATIENT 5P/Ar'T NO. .......R... SOLlltCl ;:......01"'......( 1.:'0,"(55 WILLIAM A. DAHL UIST .........."(,,.........[ .:.C"'t[SS . '0' ADDRESS lOP SP/APT NO. CllT lOP FOZ tiT" '" 1(L[PMOo,;l HO , I. ~ IAl DlF". 10 ~ ,...[ A. INFOR'1ATION 'PAGE 17) u"...,', o...y y(...1l Dol'" COC[ 8 ,0 I 2 I COOWTy I OISl or ,.1It( CllY 3,6 ' I 01.'1 or J:JIl'SO'(' 10" .c..t(.,r~[!'n 3 ,6 1 ,9 5 B. PROPERTY CLASSIFICATION (pAGE COOt ~ TP~ or I...e 10[..... 1,2 BRUSH CO~( ~po..[r.. v e L"'SS" 1(4- .0.. ICo"pL[a) 9. 9 OTHER (O:lt 1'''(I~ (IC ~. C l"'S sir IC"" 10"1 11"'0' VI O'J"'ll 9 3 1 I OPEN LAND O. EXTENT OF DAMAGE t PAGE 451 COll( f. ; ~... T cr ~.........c.( _ ~ .Ai 5 I SP,EAD BEYOND AREA e~:n c, *!'.1 0' tI.....Gl - ~""OO:[ 5! SPREA.O BEYOND AREA eGO[ p 1 [..~ cr :;",,""r - "'... [I~ . ~5',....H[r ,-cs.~ _ ~;;:.F[~" {S~,....T[... lOSS. - (O..H"'S ~,S .j,ei ,],JIO,C F. AREA. MATERIALS 6. SMOKE SPREAD (PAGE 631 coOt ~ ...It!. O' c"'c;,,, ::.xterior Roof cOOt 6 COO[ I 1,1 ! 'vOt , L- T Y P( 0' ....~ ('" "'l r "IIS." tr... r. [to .,iood Sawn ro"'" or ......1("I.l f '"51 1<;"111[0 :::.x.l.erior liuof Covering ... .'.. .. o'! .. .' [~ s'" e>' [ ~ F" l. 0 H PROTi _TlON FACILITIES tPAGE 911 , coet s. ~"''''. l! "S - ~ VP[ I (Oo[ SPII,...l[IIS - ur[(TI...[..[SS I ( OOl Sl.....;;np[5 - -;,p[ I COOt 5'."0.;",,[S - [f '[C1I0:l..[55 I (Dot p::,"t.'l[ [.'I..c;iJIS..lIlS - t,pt I COOt F:.l ...~. ( [IT......:.!,.o<("!> - 1,'!CTI.[l<j(S5 I . J .....,Ic...CELLA1o.:EOU5 I PAGE 1091 ""'''\'_'1' .. ~ ".,_. f tl ..: 0':'1 &1 ~ 5 ('Vll'....lo "0 "'J"fleO I"' , , or Cl&loU ! I... I ('>.... ,,~. _, ~ ~... . ~ [:. , C" t.. '-.. L I . h. ,f~t(. ~;l. If 1(51 0 11 ,1 12 4 c. PROPE'RTY TYPE i PAGE 411 p"op["., .......AG{..Il[Ioi' ."1 ~ (C ('T ~ o 'S'.' ~~ . rill 'G" r-; -, I c..... ;0.,..11 !oY.T( ,n dJl , (O::l[ 5T"~Je 1 uRt 5UllOU,;;' OR ",[..Jell - PJlOP[R"Y lvP[ t. ~ .... ~, ~".~., SlRU(llJ~l BIJll"ltH. OR V(wICl( (0".lo"I'I",,:,]0" ',P[ t." ..... L L ,.., ..... ~. ' . (('. 1100' ,r~ :o~C"'I:!'h .n'! ~~ t-h I "lit ......: ,~ E. LOCATION li: CAUSE I PAGE 49) -- (OOl coor 9 2 cOOt 8 3 COOt B , 1 l[V!.l 0' OIlIGI" SO:hJrott o~ ~[&; C&~SIW' 1,..litO" I 13 I I' , SEPERATE DETACHED OBJECT r':'lllool 0' ..tAT CAt:S',",' 1''''111010 SPARK OR I HEAT FROM FLYiNG BRAND, EMBER ...~.. OJ! O"I~SIO.. '-:AiJSI.H; I',",'TIO.. r. ,- HIGH WINDS G. SPREAD OF FIRE t PAGE 77) (ODE ""AnI ......['"'u[S rl'll[ SI>'H"O --J i ~ o 2 EXTERIOR OF BUILDING coot ..,",pc "'Al(lIIIAl tAU!dloj' SPIIl.40 F. . 1 I WOOD SAWN (OOl 'OPt.ol ..Alf.llllAl ''''USllojl;. SPRt...O i COO[ ...(1 Ol'l Oo.lIS!,IO" c..usu." SPRI"'O 8 . 1 I HI G H WIN OS 1. PROTECTION FACILITIES ~ PAGE 971 COO[ Pl'llYAll .,,,.,,...oe - T'l>e I COOl PRIV",'[ f''''......,,[ - [rrtCll...(1)I{5S l coot SP[(J"'L ...,...IIl" pI<Ol[C.IOIO - t,P[ I -- CODe SP[ClAl H...l...1Il0 pIIOT[(110.. _ [rr(C1I.(..lSS I COD' SIG""l 011 .....1"..'..' S'!,T[.. I lYP[ I COD' I ["H,,,r..[!!> ..Del SIC,.... ......."..,...':0 5o,.51{... ..[....s ot ...( 1 t''''10~ I (vOl s.:,...... ....."..I..'SYSt(.... 11p{ :ll1((10IlS I -- TO.' (T ..j-.;j -;;'-:;i'f$~--- (OLi[ .....1(......... ("lell.C..lSS [On(TI.'..t!>!> I I - - c. o o o CERTIFICATE OF COMPLIANCE PAYMENT OF SCHOOL FACILITY FEES SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT Developer/Applicant PAUL AND LAURA BLANKENSHIP Address 5280 N. Little Mountain Drive, Apt. L-6 San Bernardino, CA 92407 71~ Hag 6915 Telephone Number Tract/Parcel Number Location of Project 5536 North "E" Street, San Bernardi no Number of Square Feet of Residential Space 2,579 x o Total___~ Number of Square Feet of Commercial and Industrial Space_________ x Total This certifies that the above-named Developer/Applicant has paid school facility fees in compliance with Government Code Se~tion 53080 and 65995. C;f ~/Lit The above representations as to square footage are true. Developer/Applicant agrees that if it is later determined that such representations are not true then this certificate shall automatically terminate and the apprqpriate m, /e,u." ,ha 11 b, "U~')".1 <f! "' ~ . , ~(1 *No Fee. Replacement of (\ ~t::2.L~l1i1... [j' .---- residence destroyed by fire. Delielo'per/Appl iC:il/:t: Documentation on file with the San Bernardino City Unified School District. Mav 30. 1989.__ Date CHECKS RETURNED FOR NON-SUFFICIENT FUNDS WILL BE ASSESSED A MINIXUM OF $50.00 FOR PROCESSING FEES. - .L.. c. o o o C I T Y 0 F SAN B ERN A R DIN 0 MUNICIPAL WATER DEPARTMENT INTEROFFICE MEMORANDUM 8505-606 TO: Building & Safety FROM: Bernard Finance C. Kersey, Director, Administration & SUBJECT: Credit for Sewer Capacity Fees DATE: May 18, 1989 (6340) COPIES: Neil Thomsen ------------------------------------------------------------- This is to serve as notice that there was/is an existing sewer service at the address listed below. The Water Depart- ment's policy is that if a single family house exists or was demolished and was connected to the sewer system, there are no sewer capacity fees due if the new structure is a single family dwelling unit. The address listed below meets this criteria, therefore, a sewer capacity right does not have to be purchased. APPLICANTS NAME: Paul Blankenship SERVICE ADDRESS: 5536 North "E" Street Resp~c~ ~rd C. Kersey Director, Administration & Finance for BCK:mkb