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CI~ ~ OF SAN BERNARDr '0 - REQUr"'T FOR COUNCIL AC' 'ON
Frank A. Schuma
From: Planning Director
Dept: Planning
Date: February 7, 1986
,00
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Subject: 1870 North State Street
(Labor Contractors Company)
Mayor and Council Meeting of
February 17, 1986, 9:00 a.m.
Synopsis of Previous Council action:
None
Recommen<Jed motion:
That the Mayor and Council instruct the City Attorney to file an
action for a Declaratory Judgement in regard to the property
located at 1870 North State Street.
~C1:Yl
Signature Frank A. Schuma
Contact person:
Frank A. Schuma
Phone:
383-5057
Supporting data attached:
Yes, Staff Report
Ward:
6
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
.{4
Agenda Item NeJ
75-0262
C I T Y 0 F SAN B ERN A R DIN 0
INTEROFFICE MEMORANDUM
8602-302
TO: The Mayor and Council
FROM: Frank A. Schuma, Planning Director
SUBJECT: 1870 North State Street (Labor Contractors Company)
DATE:
February 7, 1986
(6613)
COPIES:
Ray Schweitzer, Deputy City Administrator,
Cynthia Grace, Deputy City Attorney
-------------------------------------------------------------
The subject property was zoned M-l Light Industrial under the
County at the time the existing building was constructed in
1957 and 1958. Under the County zoning of M-l, machines were
permitted, but heavy welding was excluded and use of the
property terminated in May, 1964. Also in May, 1964, the
Muscoy Community Zoning Plan became effective and the subject
property was zoned R-4 which was a rural estates zoning which
permitted single-family units on one acre lots. Thus, the
subject property became a nonconforming use under County
jurisdiction
In 1965, the property owner at that time applied for a
variance to establish a machine and welding shop to assemble
small trailers. The Planning Commission of the County failed
to satisfy the provisions of granting a variance by failing
to make the four findings necessary to grant a variance. As
a result of not being able to make the four findings, the
County entered into an ~reement for a limited use of the
property with Mrs. Suter, the applicant for the Variance.
Mrs. Suter was to comply with the following conditions: All
welding to be performed under roofed areas and to be properly
screened. All storage of materials and property to be
confined inside fenced areas, no additional buildings to be
constructed. This agreement became effective on January 6,
1966.
On November 20, 1973 the property was annexed into the City.
It was presumed that the property was utilized as permitted
by a Variance of the County. The City, over the past 12
years, has been the recipient of complaints arising from the
use of the subject parcel. Complaints received resulted from
noise created by the operators of the facility at all hours
of the day, employee parking on City streets, hours of
operation, and expansion of the use outside of an enclosed
structure. The use today exceeds the use permitted under the
,
INTEROFFICE MEMORANDUM: 8602-302
1870 North State street (Labor Contractors Companyy)
February 7, 1986
Page 2
agreement with
requested.
The City has been threatened with a law suit from both the
property owners faced with abatement of the use and by the
adjacent property owners who have complained over the years
of an industrial use in a residential area.
the
County or the variance originally
In order to clarify this situation, staff is requesting that
the Mayor and Council instruct the City Attorney to file for
a Declaratory Judgement to ascertain whether the City has the
right to abate this business as an illegal, nonconforming
use.
G-A-~
FRANK A. SCHUMA
Planning Director
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