HomeMy WebLinkAbout43-Planning & Building
-
~I~~ OF SAN BER~RDINO - REQUEST 90R COUNCIL ACTION
Da~: April 21, 1992
","""r "Appeal of the Hearing Officer's
- '"$ublect: Statement of Decision regarding
,- I' ',' the Revocation of Conditional Use
, '), ,
Per~1t No. 262 (Golden Eagle Motel)
Mayor and Common Council Meeting
May 4, 1992 2:00 p.m.
c::Jn: Al Boughey, Director
De~: Planning and Building Services
Synopsis of Previous Council action:
None
Recommended motion:
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That the hearing be closed; that the Mayor and Common Council deny
the appeal and uphold the decision of the Hearing Officer subject
to the findings made in Statement of Decision.
(:
ignature
Al Boughey
Phone:
384-5357
Contact person:
Supponing data attached:
Staff Report
Ward:
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No.l
(Acct. DescriPtion)
Finance:
Quncil No~s:
p~t,N,._..'t 5-"~" "'I,
AM_'" '.ft~ ",^IIIII
CITY OF SAN BERNt5IDINO - REQUEST FeJ4 COUNCIL ACTION
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STAFF REPORT
SUBJECT: Appeal of the Hearing Officer's Statement of Decision
regarding the Revocation of Conditional Use Permit No.
262 (Golden Eagle Motel)
Mayor and Common Council Meeting of May 4, 1992
REOUEST
To appeal the March 10, 1992 decision of the city's hearing officer
for the revocation of Conditional Use Permit No. 262 [Golden Eagle
Motel] (see Attachment "B", Appeal Letter).
BACKGROUND
On December 4, 1962, the Planning Commission reviewed a proposal
under Conditional Development Permit (COP) No. 262 to construct a
35 unit motel including one manager's unit at 668 West 5th Street.
COP No. 262 was recommended for approval by the Planning
Commission.
On December 17, 1962, the Mayor and Common Council approved COP No.
262 [changed to Conditional Use Permit (CUP) in 1982] subject to
the plot plan submitted and subject to compliance with the
requirements of the Department of Building and Safety. The case
file for CUP No. 262 does not contain a site plan, floor plan or
elevations. According to Code Enforcement staff, the motel
contained 36 units and a manager's unit which exceeds the approved
units by two units. Building Permits records do not indicate that
permits were obtained for the additional two units.
In early 1991, the Director of Planning and Building Services at
that time, Larry E. Reed initiated a request for the Planning
Commission to revoke CUP No. 262 as the determination was made that
the permit was being exercised contrary to the conditions of
approval. At the same, he made the determination that the motel
had been out of business for more than one hundred and eighty (180)
days and therefore, has lost its legal non-conforming status as
stated in San Bernardino Municipal Code (SBMC) Section 19.66.040.
This matter was first prepared for the Planning Commission on July
30, 1991, however was not heard due to a lack of a quorum that
evening. The case was scheduled for the next regular Planning
Commission meeting of August 6, 1991. On August 6, 1991, a motion
was made to appoint Fred Wilson, Assistant city Administrator as a
hearing officer for the Golden Eagle Motel. The motion carried
with the abstention of Commissioner Cole.
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Appeal of Hearing Officer's Decision.-
Conditional Use Permit No. 262 (Golden Eagle Motel)
Mayor and Common Council Meeting of May 4, 1992
Page 2
city Attorney, Henry Empeno requested that CUP No. 262 be placed on
the Auqust 20, 1991 Planning Commission meeting agenda for
discussion and reconsideration. He stated that the attorney for
the Golden Eagle Motel was not aware of the Planning Commission's
action on Auqust 6, 1991 and that the attorney had objected to the
action. At the Auqust 20, 1991 meeting after a long discussion,
the Planning Commission reaffirmed their Auqust 6, 1991 decision to
appoint Fred wilson as the hearing officer with a 5 to 1 vote.
Fred Wilson conducted a hearing at which time volumes of
documentary evidence and photoqraphs were provided by the City and
the attorney for the Golden Eagle Motel. Both parties alsQ
submitted written and presented oral arquments and points and
authorities on the factual and legal issues. Based on the evidence
presented, the hearing officer rendered six (6) findings pursuant
to SBMC section 19.78.110 in his statement of Decision (see
Attacftment "A").
OP'l'l:ORS AVJ.l:LABLB TO TBB MAYOR AND COMMOR COURCl:L
The Mayor and Common Council may:
1. Deny the appeal and uphold the decision of the hearing
officer;
2. Partially uphold the appeal and not revoke CUP No. 262,
but add additional conditions beyond those contained in
Exhibit "A" of the hearing officer's statement of
Decision; or,
3. Uphold the appeal and not revoke CUP No. 262.
RECOMMEROATl:OR
Staff recommends that the Mayor and Common council deny the appeal
and uphold the decision of the hearing officer subject to the
findings made in statement of Decision.
Prepared for: Larry E. Reed, Assistant Director
For Al Boughey, Director of Planning and Building
Services
Attachment:
A - Statement of Decision of Fred Wilson, Hearing
Officer
B - Appeal Letter
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BEFORE THE PLANNING COMMISSION
CITY OF SAN BERNARDINO
FRED WILSON, HEARING OFFICER
In the Matter of the
Golden Eagle Motel
Revocation of Conditional
Permit No. 262
Owner: Hong Wen Yang and
tin Mei-Yung Yang
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Statement of Decision of
Fred Wilson, Hearing Officer
STATEMENT OF THE CASE
The Director of Planning and Building Services ("Director")
has initiated this request for the Planning Commission to revoke
Conditional Development Permit No. 262 [changed to Conditional Use
Permit ("CUP") in 1982] pursuant to San Bernardino Municipal Code
("SBMC") * Section 19.78.110(A)(2) and (3). CUP 262 authorized
the operation of a motel known as the Golden Eagle Motel at 668 W.
5th Street.
The Director has also made a determination that the Motel has
been out of business for over one hundred and eighty (180) days
and is, therefore, no longer a permitted use pursuant to SBMC
Section 19.66.040. The owners of the Motel have filed an appeal
of the Director's determination.
This matter came before the Planning Commission in accordance
with SBMC Section 19.78.110. The Planning Commission appointed
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Assistant City Administrator Fred Wilson to act as Hearing Off~cer
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* Pursuant to Stipulation by all parties, all citations to Title
19 of the San Bernardino Municipal Code refer to those ordinances
in effect prior to the adoption of the Development Code:on June 3,
1991.
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Attachment "A"
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and to render a decision in this matter pursuant to SBMC Sections
2.17.080 through 2.17.110.
A hearing has been held, in which Acting Deputy City Attorney
John Martin presented t~e Director's case. The Motel owners were
represented by Kenneth W. Nydam, an attorney with Sprague,
Tomlinson and Nydam. Witnesses have been examined and cross-
examined by both parties. The following witnesses have testified
during the hearings:
1. Richard Lee Lyons, General Contractor:
2. Dany NOlfo, Code Compliance Officer:
3. Sergeant Ernie Tull, San Bernardino Police Department':
4. John Lightburn, Consultant:
5. Debra Daniels, Code Cow-?liance Supervisor:
6. Edalia Gomez, Associate Planner.
Both parties have submitted volumes of documentary evidence
and photographs which have been admitted as evidence and have been
reviewed by the Hearing Officer. Both parties have submitted
written and presented oral arguments and points and authorities on
the factual and legal issues. Both parties have reviewed and
provided comments on the Heari~g Officer's Tentative Decision.
STATEMENT OF DECISION
Based upon the evidence presented, the Hearing Officer hereby
makes the following findings pursuant to SBMC Section 19.78.110:
1. '::::'ldi tic:'!al Use Pe=i t :-10. 262 has been exercised
contrary to the conditions of such permit and i~ violation of
applicable licenses, permits, regulations, laws or ordinances.
[Section 19.78.110(A)(2)]
2. The use for which CUP No. 262 was granted has been
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exercised so as to be detrimental to the public health and safety
and h.. constituted a nuisance. [Section 19.78.110(A)(3)]
3. CUP No. 262 shall not be revoked at this time if the
owners of the Motel accept the Amendments to Conditions of ~UP No.
262 which are attached as Exhibit "A" and incorporated herein.
The grounds justifying a revocation of the CUP can be cured or
corrected by the imposition of new, additional or modified
conditions. [Section 19.78.110(0)]
4. Written notice of the date, time, place and purpose of
the publiC hearing were served on the owners of the Motel by
registered mail, postage prepared, return receipt requested, not
less than ten days prior to the date of the hearing. [Section
19.78.110 (B)]
5. The subject site is located at 668 W. 5th Street,
generally situated on the north side of 5th Street, approximately
201 feet east of the centerline of "G" Street in the RMH,
Residential Medium High, General Plan land use designation. After
the City adopted the General Plan on .June 3, 1989, the Golden
Eagle Motel became a legal non-conforming use. A motel is not a
permi tted use in the RMH land use district. The Motel was
voluntarily abandoned by its prior owners for more than 180 days,
beginning .June 25, 1990. The Motel's legal non-conforming use
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lapsed on or about December 25, 1990. pursuant to SBMC Section
19.66.040 because its use was discontinued for more than 150 days.
6.
Because the Motel's legal non-conforming use lapsed, t~e
Motel cannot reopen as a motel use until the property owners apply
for and the City grants an amendment of the General Pla~ Land Use
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Map to designate a land use district which permits a motel use for
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1 this site, and until the City issues a new Certificate of
2 Occupancy for the Motel.
3 NOTICE OF TIME LIMITS FOR APPEAL
4 Pursuant to Section 19.78.ll0(e) and Chapter 2.64 of the San
5 Bernardino Municipal Code, any person aggrieved or affected by the
6 decision of the Hearing Officer regarding the revocation of
i Conditional Development Permit No. 262, may appeal to the Common
8 Council by paying the appropriate appeal fee and filing a written
9 notice of appeal with the City Clerk, directed to the Common
10 Council, within fifteen (lS) days after the date the Hearing
11 Officer adopts these Findings and Statement of Decision; The
12 notice of appeal shall be in writing and shall set forth (a) the
13 specific action appealed from, (b) the specific grounds of appeal,
and (c) the relief or action sought from the Common Council.
The foregoing Findings of Fact and Statement of Decision were
adopted this 10th day of
Mareh , 1992.
Ji!!r
Assistant City Administrator
Hearing Officer
KE:,;s( ang.decJ
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EXHIBIT "A"
AMENDMENT TO THE CONDITIONS OF
CONDITIONAL USE PERMIT NO. 262
1. The permittee ~hall not reopen the motel for business
until the property owners apply for and the City grants an
a~endment to the General Plan Land Use Map to designate a land use
district which permits a motal use for this site and until the
City issues the motel a new Certificate of Occupancy.
2. The permittee shall bring the subject site up to current
San Bernardino Municipal Code standards, including but not limited
to correcting those code violations noted in Correction Notices
issued by the City in 1990-92, and those noted in the Criminal
Complaint in San Bernardino Municipal Court Case No. MSB 53608.
3. The permittee shall prohibit long-term occupancy and
shall assure that the motel is used only for short-term occupancy
by complying with the following:
(a> The permittee shall require daily maid service of all
occupied rooms, including but not limited to a daily cleaning and
vacuuming and a daily change of all linens such as sheets, pillow
cases, and towels.
(b> The permittee shall prohibit all occupants from using
any refrigeration or cooking utensils or appliances, including but
not limited to refrigerators, freezers, hot plates, microwave
ovens, stoves, toaster ovens, and toasters.
(c) The permittee shall require daily inspections by the
manager of all motel rooms and the manager shall immediately
impound all refrigeration and cooking utensilS and a~p1iances.
Any such impounded items shall be returned to the occupa~t after
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he/she has checked out of the motel.
(d) The permittee shall not rent any room for less than a 24
hour rate. No occupant shall be permitted to rent any room(s) so
as to remain on the premises for more than two weeks in a one
month period.
4. The permittee shall require every occupant over 18 years
old to sign the motel register and produce a valid driver's
license or other valid photo identification. The manager of the
motel shall record on the motel register the complete name, date
of birth, and the photo identification card number of each
occupant over 18 years old. The manager shall also record the
make, model, year and license number of any motor vehicle(s)
driven by the occupant onto the motel premises.
5. Permittee shall post conspicuous signs in the motel lobby
and in each motel room which shall include but will not be limited
to the fOllowing:
(a) Daily inspections by the manager and daily maid service
are required.
(b) Refrigeration or cooking utensils or appliances are
prohibited and will be impounded by the manager.
(c) Daily rental rates.
(d) No one shall be permitted to rent any room(s) for more
than two weeks.
(e) All occupants over 18 years old must register with the
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manage!'.
6. The permittee shall install sufficient security lighting
on walkways and in the parking lot as approved by. the San
Bernardino Planning Department but in no event less th~n one foot
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1 candle of light evenly distributed on these surfaces during hours
2 of darkness.
3 7. The permi ttee shall employ a state licensed securi ty
4 guard between 7:00 p.m, and 4:00 a.m.. seven days a week, to
5 regularly patrol the parking lot and common areas of the motel.
6 8. The permittee shall make the motel register and records
7 avai:able for inspection by the San Bernardino Police Department
8 anytime upon demand.
9 9. The Permittee shall not rent to nor allow any known or
10 suspected prostitutes to be present on the motel premises at
11 anytime.
12 10. The Planning Commission shall hold a noticed public
13 hearing six months after the motel is reopened to determine
14 whether the motel has complied with these conditions and whether
15 the Planning Commission should impose new, additional or modified
16 conditions. . The Permittee shall pay all costs of the review
17 hearing including but not limited to the costs for mailing public
18 notices and staff time.
19 11. A single violation of any of these conditions may lead
20 to a revocation of the Conditional Use Permit.
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HE: j.! ng.decl
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Ma:~')r .:nd Common C(,uneil
:'1'9 of S.~n Bernardino
:- :>~:., ~\~crt. .-1 D Street
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1:- d.'~ AI~fn1 nl ~3 t(': ~I:~(.. ~jBt t?'n'r'~~ "'-:0,1 tJI,~t t.rl~:t!.:.,/.;o ..'?! -:-ri?"",:,e son,jH. icne I use
~''?'''''~-:-!lt ~.!::~: t'e~n e~~'~:.i::e,j !fI: ,.!!~r:n'?( ':':ln~r.,~nd r.o t.he con(~1t!(!rl':. l)f '::')1:11
~;1?r!"np.., ,:ruJ 1(; viOI~t.l(m Of jO~lil(.eC'i~ il':~rr::es.. permHs,. regJJiotj:)ns.. laws
or. !)r'jinl::!iC'?':~o !?'.C ~o.:!.H"!B!... tj!~ ~~~r~r-'~ ')ff!(~r detBf""f:P"'9d the~ the
~"not.,?j':3 je!~~l non-'::ofJil)t-r~'jl!""'~ use hoa if.fpse!J l~nd, therefore. tne ff!ljlel
'.<\I':'I.J:'~ !'"!O!. ~t? ;~1io'rfetj to) (eoc't!(! untH the City 9rdnt~. ,~ !:ener~l Plan lend
lJse ct1onge.
5~ '/Va~ of trl1s letter we ~re oppeoiing tne heefin'~ officer's aeC:i$j.:.os ill
the mott."'f of the RIO'''ocot.ion of Cor.aHioMI LIse Peer,! '. i'll), 262 ~nd
request that this mot ~er!)<J heard by 'h~ i'el~or en.j Corrlloc:.n CO'Jne!1 0'. .~
!,",~,~I: ~ ~rl ~; .::c~el:!tJ' r;qj m~pt! (n'.
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0.92402
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MAR 1 9 1992 flU
CITY OF SAN IIEIlNNloINo
DEPARTMENT OJ PL.........G 6
IIUILDlNG SERVICES
Attachment "B"
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f1aldor and Common CouncIl
i=!t,~ of San Bernardino
3(") r-jort.fl D Street
'::en BerTlanjjne, C~. '~24C' i
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'C? ,',_,
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narct-I 19, 1 992
~t?j Brence: Revocoti un of ConljH i ~:ln~l Use P~n"-r;l t f\JO, 262,
Gc.iden E091e i'tote] 666';"/ Fifth ,:t_,-eer,
Dear f1a~or ana [oune]l r'1emt,er--,.
':"-, r-larcrl ! (; 1992. the [rt1d'3 neanr/l~ offleer- 11r. Freo ",.illson, Assistant
Cil.'d AClm rW3 tn:tor. :jetenlll ne,] Hlet '_he atH)ve t-ef "'rence conditional IJse
permit MS Men e;ier'ebe,j 1t1.j rnanner contreni't.o the condItIOns of sucn
~Iertmt. ana in violatlon of applicottle lIcenses, permits, re9uiations, laws
or ordinances. etc. _ Further. the fleonn9 officer determmed that the,
rnotel's 1e981 non-eonfonll1r,,~ use hBd lopsec and. therefore, tr,e motel \
-"":rul(l not be allowed to reDDen untIl the Cit.y 9rant~. a i3eneral Plan land
use cMnge. -
\
By way of thIS letter 'Ne are appealing tr'le t1earirh) officer's deci:,ions ill
the matter of n,e Revoear,lon of ConditIOnal Use Penmt No, 262 and
recuest that U-I1S mal.'.er t!e fleanj t:Jd 't',e i'~!dc'r--r"j C('nunc'fI CO'Jnell at, ,3
t.E"~I.Jl~rl!j Scne(lu!elj rn~etin9
oorn@rnDwrn~
MAR 19 1992 /.!!.J
CITY OF SAN BERNAIlDINO
OE"ARTMENT OF I'lANNtNG &
BUILDING SERVICES
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Sprague, Tomlinson and Nydam
Attorneys at Law
290 Norm 'D' Slrett. Suite 807' San 8<lrnardino, California 9240 1 . (714) 888-1000
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M.lX Stanford Ton"i,,~. . Kc..ctb W. Nydaa
G. lCtoith Spr.agvc,. a Law Corporation
Facaimile:
(714)888-6601
June 15, :t.992
Offic..ofCity Attorney
300 N~D.Street
San Berna~~lilo, Ca. 92401
Attention: Henry Empeno
Re: Gol<lenEaqle Motel
Dear *.:~eno:
Pursuant to our discussions held in your office on June 12,
1992, it was our agreement that the pendinq appeal betore the
City coun~il with regard to the revocation of the oonditional
use per:mit ~e continued and as I'll be out of the offioe for
the last week of June I ask that it be continued until the
first Council meeting in July.
It is our understanding that we are doing this while we work
to see if ~is issue cannot be resolved.
Yoursv~trulY ,
SPRAGUE, . 'l'OMLINSON AND NYDAM
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