HomeMy WebLinkAbout17- Planning & Building Services CITY,OF SAN BERN. -ZDINO - REQUEST FC : COUNCIL ACTION
From: Al Boughey, Director Subject: Appeal of BBC Order No. 2865
Regarding Property Located at 1640
Dept: Planning & Building Services Date Place
Date: December 4, 1995 MCC Date: December 18, 1995
Synopsis of Previous Council Action:
None
Recommended Motion:
That the Mayor and Common Council uphold Order No. 2865 of the Board of Building Commissioners and
deny the appeal.
1 Bou
f
Contact person: Al Boughey Phone: 384-5357
Supporting data attached: Staff Report Ward: 7th
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.) N/A
(Acct. Description)
Finance:
Council Notes:
1A11 'T
Agenda Item No. /7
DEC 6'95 AM 9:58
SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
REQUEST
Appeal of BBC Order No. 2865 Regarding Property Located at 1640 Date Place.
BACKGROUND
• In April, 1995, Mr. Gregory Reynolds came to the Planning Counter inquiring on the
possibility of relocating his moving van business from its current location to his home,
located at 1640 Date Place, in the CG-1, Commercial General land use designation.
• The CG-1 district allows for existing residences, legally constructed prior to June 2,
1989, to remain as a permitted use. The CG-1 designation does not allow for a residence
and a business to be located on the same site. In addition, the moving van business and
outdoor storage are not permitted in the CG-1 designation, unless legally existing, non
conforming.
• On Tuesday, April 25, staff conducted a windshield survey of the property. It was
apparent that Mr. Reynolds was residing in the existing dwelling unit.
• On May 2, 1995, a letter of complaint regarding dangerous traffic conditions resulting
from the parked vans, and from the turning movements and on-street unloading of the
vans was received by the Department.
• On May 4, 1995, a letter was sent to Mr. Reynolds citing the following violations:
1. The moving van business had been relocated to the residence with no entitlement;
2. The vans were stored at the site, were not parked on an impervious surface, and
were not allowed in CG-1;
3. Off-loading of moving crates was occurring from the public right-of-way;
4. Outdoor storage of moving crates and other miscellaneous household goods was
occurring at the site;
5. A portable office has been installed without entitlement, and was not permitted;
6. A 6-foot chain link fence had been at the front property line.
o
Appeal of BBC Order #2865
1640 Date Place
MCC Meeting of December 18, 1995
Page 2
• Included in the letter was a list of what was necessary to correct the situation, as follows:
1. Removal of all moving vans and crates, and any other items stored outside; and
2. Removal of the office trailer.
• Mr. Reynolds was given until May 30, 1995 (26 days) to make the corrections.
• At that time, the property was re-inspected by the Department. No action had been taken
by Mr. Reynolds, and the complaint was turned over to Code Compliance.
• On July 10, 1995, the Code Compliance Division issued a Notice of Violation
(Attachment B) citing violations which included:
A. Installation of a commercial coach (mobile home) without required permits or
inspections.
B. Inadequate fire protection of exterior walls and openings due to the commercial
coaches proximity to property lines.
C. Electrical wiring installation, connections, and modifications made without
required permits and inspections.
D. Outdoor Storage of Vehicles - Unpermitted Land Use
• Due to the owner's failure to correct the violations this matter was heard by the Board
of Building Commissioners on September 7, 1995. The Board issued Order No. 2865
(Attachment C) requiring the owner to immediately cease the operation of the commercial
business, and to remove all storage units, moving equipment/vehicles, and the office
trailer within 10 days. The owner has subsequently appealed the Board's order.
I
Appeal of BBC Order #2865
1640 Date Place
MCC Meeting of December 18, 1995
Page 3
RECONEM ENDATION
Staff recommends that the Mayor and Common Council uphold Order No. 2865 of the Board
of Building Commissioners and deny the appeal.
Prepared by: Joe Lease, Inspection Services Supervisor
Prepared for: Al Boughey, AICP, Director of Planning and Building Services
ATTACHMENTS
A -- Appeal Letter
B -- Notice of Violation
C -- BBC Order No. 2865
------------ FOR OFFICE USE ONLY ------------' --
Depamments Receiving �� Dat, Ame Stamp:
Copies:
� �n C� �at'•15� ;
'95 SEP 28 A11 :30
Original to: tty Clerk's
Office AdminOpefations
pw n�r�11 j..N� _ , Payment information:
Last Updated: 8/22/95 t A\�- Account 001-000-4303
MY OF SAN BERNARDINO - NOTICE OF APPEAL
IMPORTANT INFORMATION: Pursuant to Council Action, all Mayor and Common Council
appeals must be filed in the City Clark's Office accompanied by the aump 2tm
• '�
J1 I OCT 0 3 1995 '
Complete All_Ipfgrmadon CITY OF SAN SERNARD(NO
DEPARTMENT OF PLANNING G
Appellant Name SUILO:NC SEFiV:C:S
& Address: GregoEZ S. Reynolds
6565 Monte Vista Drive, San Bernardino CA 92404
Contact Person Patrick J. Meyer - Urban Environs
& Address:
133 E. Vine Street, Redlands CA 92373
Contact Person Phone
Number: Day: (909) 798-4446 Evening:
Affected Property
Address & APN # 272-141-06 —
T=of AU al - Check One:
Appeal to the Mayor & Common Council: Appeals to Other Legislative Bodies:
(*AdJusted Annually)
Planning Commission ($122.00 *) Board of Building Commissioners (No Charge)
x Building Abatement ($75.00) Police Commission (No Charge)
Weed Abatement ($75.00) Other/Explain: (No Chun)
Vehicle Abatement ($75.00) Other/Explain: , (No Charge)
(continue next page)
I
. / h I I flV1 IVIL11 1 h
A VALM APPEAL MUST IN WDE THE FOLLOWING INFOF kTION (SSMC 2.64): .
1. The specific action appealed, and date of that action; Notice to Abate Nuisance
dated September 7, 1995. Oder No. 2865, Case No. 8912• Written appeal
to be received within 15 days from date of notice dated September 14, 1995.
2. The specific grounds of appeal: Working towards compliance and code adherence
to be compatible with the surrounding businesses (i.e. Post Office, Dairy,
1�
gas station etc. )
3. The actions(s) sought from the legislative body: Seeking relief of action from
Mayor and Common Council pursuant to action of the Board of Building Commissioners
taken on September 7, 1995. Also seeking assistance fron the Board and City
Council to resolve conp�iance and code adherence issues.
4. Any additional information; Requesting assistance from the City Council to
resolve matters to enable compliance for zoning canpatibility.
rw•�� w r•-■ r w i • -
Signature of ppellant:
.V, :04e—'
Date: �.�—
�, A I 1 AV111'1�11 1 U
f A
I
. F
14ARp��
� �CI CITY OF
e DEPARTMENT OF PLANNING & BUILDING SERVICES
v .ate (San Bernardino (909)CODE CO 3PUA4-5205 VISION
O
ED 11
GREGORY S. REYNOLDS RE: 1640 DATE PLACE
6565 MONTE VISTA DR. SAN BERNARDINO, CA
SAN BERNARDINO, CA 92404 CASE: 8912/COMPLAINT: 42208
OFFICER: D. DANIEL
JULY 10, 1995
Dear Owner(s) :
THIS NOTICE is hereby submitted to you as owner(s) of the above
referenced property.
A recent inspection of your property revealed conditions in
violation of the San Bernardino Municipal Code 15. 04 . 020. You
are required to correct these violations within 10 DAYS from the
date of this notice. Your property will be reinspected to verify
compliance after the ten (10) day time frame has lapsed.
VIOLATION(S) AND CORRECTIVE ACTIONS REQUIRED:
SINGLE FAMILY RESIDENCE (SSMC 15.24.040)
INSTALLATION OF A COMMERCIAL COACH WITHOUT REQUIRED PERMITS OR
INSPECTIONS (CCR, TITLE 25, CHAPTER 21 SECTIONS 1000, 1018, AND
1020; SBMC 15.04.020, UAC 301(a) ; HEALTH AND SAFETY CODE 18300)
THE OFFICE TRAILER WHICH HAS BEEN INSTALLED WITHOUT REQUIRED
PERMITS AND INSPECTIONS MUST BE REMOVED, SINCE ITS INSTALLATION
CANNOT BE MADE TO CONFORM WITH THE SAN BERNARDINO DEVELOPMENT
CODE.
INADEQUATE FIRE PROTECTION OF EXTERIOR WALLS AND OPENINGS DUE TO
PROXIMITY TO PROPERTY LINES (SSMC 15.04.020, UBC 504 (b) ) .
THE EXTERIOR WALL MUST BE OF 1-HOUR FIRE-RESISTIVE CONSTRUCTION
BECAUSE THE COACH IS WITHIN 20 FEET OF THE PROPERTY LINE (I.E. ,
THE COACH APPEARS TO EXTEND UP TO THE PROPERTY LINE) .
WINDOWS/OPENINGS ARE NOT PERMITTED IN THE WALL ADJACENT TO THE
PROPERTY LINE BECAUSE THE COACH IS WITHIN 5 FEET OF THE PROPERTY
LINE.
Al Boughey, Director of Planning and Building Services/Debra L.Daniel,Code Compliance Supervisor
300 North'D'Street,San Bernardino,CA 92418
H i I r►�nriur i n
NARp��
C e e CITY OF
DEPARTMENT OF PLANNING & BUILDING SERVICES
%y .sue clan Bernardino CODE COM�PU�CEODIVISION
•�G'�DED 1t1
PAGE TWO
CASE: 8912
1640 DATE PLACE
ELECTRICAL WIRING INSTALLATION AND CONNECTIONS HAVE BEEN MADE TO
THE COMMERCIAL COACH, AND MODIFICATIONS HAVE BEEN MADE TO THE
DWELLING'S EXISTING SERVICE EQUIPMENT WITHOUT REQUIRED PERMIT OR
INSPECTIONS (SBMC 15.04.020, UAC 301(a) , AND SBMC 15.20.120) .
THE UNPERMITTED ELECTRICAL INSTALLATION MUST BE DISCONNECTED
IMMEDIATELY (SBMC 15. 04 . 020, UAC 202 (g) , AND (h) . FAILURE TO
COMPLY MAY RESULT IN THE ISSUANCE OF AN ORDER TO THE SERVING
UTILITY COMPANY TO DISCONNECT ELECTRICAL SERVICE TO THE LOT.
OBTAIN A PERMIT AND INSPECTION OF THE MODIFICATION TO THE
ELECTRICAL SERVICE EQUIPMENT.
SBMC 19.06.030 1 (b) 2 - OUTDOOR STORAGE OF VEHICLES
19.06.020 TABLE 06.01 R 13 - UNPERMITTED USE
The building and or property has been posted: YES
Pre-permit inspection required NO
Failure to correct the listed violation(s) within the time frame
indicated, will result in the City initiating abatement
proceedings to correct the violation(s) .
If the City is forced to proceed with the abatement proceedings,
the owner(s) of record will incur the following direct costs:
- Proceeding Establishment Costs - Certified Mailing Costs
- Hearing Costs - Photograph Costs
- Attorney Fees - Staff Costs
Also, any additional costs assessed due to possible judicial
process. In addition to the above referenced costs, all
contractor abatement costs plus an additional 40% will be charged
to the property owner(s) as a lien upon the property and shall
become the personal obligation of the owner(s) of record.
By acting immediately to correct the violation(s) referenced, you
will avoid these and any future costs. If you object to the
determination of cited violation(s) , you must file a written
protest to the City Clerk no later than ten (10) days from the
date of this notice.
Al Boughey, Director of Planning and Building Services/Debra L.Daniel,Code Compliance Supervisor ---
300 North'D'Street,San Bernardino,CA 92418
0
WARp��
CITY OF
p — DEPARTMENT OF PLANNING 1 BUILDING SERVICES
5 (Safi Bernardino CODE COM)PLIA4-5205 VIS10N
ED 1N
PAGE THREE
CASE: 8912
1640 DATE PLACE
If you have any questions please contact the officer assigned to
this case between the hours of 7:30 - 8:30 AM and 4:30 - 5:30 PM
at (909) 384-5205. Please provide either the case number or the
property location.
Your assistance in supporting the Code Compliance Division to _
maintain the safety and appearance of our city is greatly
appreciated. You may contact me at the above referenced phone
number if you require further a 1 tance.
Sincerely,
Debra Daniel
Code Compliance Supervisor
DD:jr
CC: TENANT, 1640 DATE PLACE, SAN BERNARDINO, CA 92404
AI Boughey,Director of Planning and Building Services/Debra L.Daniel,Code Compliance Supervisor -----
300 North'D'Street,San Bernardino,CA 92418
( N I I ALHM01 G
j ORDER OF THE BOARD OF BUILDING COMMISSIONERS
OF THE CITY OF SAN BERNARDINO
2
ORDER NO. 2865 CASE NO. 8912
3
4
WHEREAS, pursuant to the San Bernardino Municipal Code, Title
5
15, Chapter 15. 28, the Building Official has posted a building(s)
6 located at 1640 E. Date Place, San Bernardino, California, with a
7 "Notice to Abate Nuisance" and has notified the person(s) having
$ an interest in said property that the said building(s) or premises
9 constitute a public nuisance;
10 WHEREAS, pursuant to San Bernardino Municipal Code, the
11 Building Official has served a "Notice of Hearing Before the Board
12 of Building ommissioners of the City of San Bernardino"
g y relating
13 to abatement proceeding, to all person(s) having an interest in
14 the above ro ert
p p y, and has prepared a declaration of mailing of
15 the notice, a copy of which is on file in these proceedings;. and;
16 WHEREAS, a hearing was held to receive and consider all
17 relevant evidence, objections or protests on September 7 , 1995,
18 and;
19 WHEREAS, there was not an appearance by any person(s) having
20 an interest in the above property.
21
22
23
24
25
26
27
28
H I I AUMPICIV 1 L
0
1 BOARD OF BUILDING COMMISSIONERS
ORDER NO. 2865 CASE NO. 8912
2 PAGE 2
3
NOW THEREFORE, IT IS ORDERED BY THE BOARD OF BUILDING
4 COMMISSIONERS OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
5 SECTION 1. Based upon the evidence submitted, it was found
6 and determined that the buildings) and or premises located at
7 1640 E. Date Place, San Bernardino, California constituted a
8 public nuisance.
9 SECTION 2 . The Board of Building Commissioners accepted
10 staff's recommendations. The property owner(s) are hereby
11 directed to comply with the following requirements. The property
12 owner(s) shall immediately cease the operation of the commercial
13 business. Within ten (10) days, the property owner(s) of record
14 shall remove all storage units and moving equipment/vehicles.
15 Within ten (10) days, the property owner shall obtain all required
16 Permits to remove the office trailer which is not permitted.
17 Failure to immediately cease the operation of the commercial
18 business will result in the Code Compliance Division removing all
19 utility meters. Owner(s) shall restore the property to a single
20 family residence. The property shall meet all applicable codes
21 adopted by the City of San Bernardino.
22 SECTION 3 . Upon the owner(s) of record failure to comply
23 with the order of the Board of Building Commissioners, the Code
24 Compliance Division shall proceed to initiate abatement action by
25 obtaining an Inspection/Abatement warrant to abate violations
26 noted.
27 SECTION 4 . It was determined that the City was required to
28 initiate abatement proceedings and incurred costs in the amount of
t� N C I NI.IlPitl'1 I V
l
1 BOARD OF BUILDING COMMISSIONERS
ORDER NO. 2865 CASE NO. 8912
2 PAGE 3
3 S447 .08. These costs and any future additional abatements shall
4 be the personal obligation of the owner and if unpaid shall be
5 recorded as a special assessment on the county tax record.
6 SECTION 5. Any person aggrieved by this order, may appeal to
7 the Mayor and Common Council by filing a written statement with
8 the City Clerk. The statement must include the order number
9 appealed, the specific grounds of your appeal, and the relief or
10 action sought. The written appeal must be received within fifteen
11 (15) days from the date of this notice dated September 14,-1995.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 ///
t/
BOARD OF BUILDING COMMISSIONERS
ORDER NO. 2865 CASE NO. 8912
I HEREBY CERTIFY that the foregoing order was duly adopted-by
the Board of Building Commissioners of the City of San Bernardino
at a regular meeting thereof, held on the 7TH day of SEPTEMBER
1995, by the following vote, to wit:
COMMISSIONERS: AYE NAY ABSTAIN ABSENT
Alfred Enciso }(
Carol Thrasher X
Amado Savala X
Larry R. Quiel
"Joe" V. C. Suarez, Jr. X
Ruben B. Nunez
Herbert Pollock �C
Benjamin Gonzales
Leo Cash, Jr. X
Clerk, Board of Building Commissioners
The foregoing order is hereby approved this 7TH day of SEPTEMBER,
1995.
Chairmary, Board of Bui 1 Commissioners
Approved as to form and legal content:
James F. Penman, City Attorney
,tZ• / L
urban
environs
December 14, 1995
City of San Bernardino
City Clerks Office
300 North"D" Street
San Bernardino, CA 92418 Via Facsimile (909) 384-5158
SUBJECT' Gregory Reynolds- Case No. 5912
1 640 EY Date Street, San Bernardino
We have been notified by your office that the above referenced appeal, which was Bled on
September 28, 1995, will be heard by the City Council on Monday, December 18, 1995.
It is our intent at this time to withdraw our appeal on this project.
Thank you for your kind consideration.
Sincerely,
URBAN ENVIRONS
e-ty�
Laurie Hunt
cc: Mike Hayes, Assistant Director, Planning&Building Svcs
eq�