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HomeMy WebLinkAbout36-Planning C~TPOF SAN BERNARDIN9 - RE&l.EST FOR COUNCIL ~TION r-Ym. ~Pt: Larry E. Reed, Director Subject: Appeal of August 3, 1990 Board of Building Commissioner's finding concerning the building located at 276 East Commercial Road Planning & Building Services DMe: September 6, 1990 Synopsis of Previous Council action: None. Recommended motion: o Uphol~ the B~ard of ~uilding ~ommissioner's decision that the Building Code 1SSUes 1n QUeSt10n relat1ve to the building located at 276 East Commercial Road are without merit; that the structure meets Building Code standards and is safe as defined by the Building Code and that the appeal be denied. ~ ~ ,&~/ Signature Contact person: Jack Masters. Sr. Building In..p.."toT Phone: 'in71 SupponingdBtaettached: Staff ReDort. ADpeal with Attachments FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.! N / A IAcct.DescriDtionl N/A Ward: , Finance: oncil Notes: 75.0262 Agenda Item No 36 c.TAF SAN BERNARDINc9. REcQEST FOR COUNCIL aTION o o c 75-0264 STAFF REPORT Subject: Appeal of Board of Building Commissioner's decision of August 3, 1990, concerning Building Code compliance and safety issues of the building located at 276 East Commercial. Mayor and Common Council Meeting September 17, 1990 REOUEST The applicant is appealing the Board of Building Commissioners decision concerning eight (8) Building Code issues raised in a letter dated June 29, 1990. The applicant, in the appeal, raises more questions than were heard by the Board of Building Commissioners. Although not a part of this appeal, the Report addresses most of those issues in the Background section. BACKGROUND On April 2, 1990, the applicant submitted an application to the Planning Department for Review of Plans (ROP) No. 90-13. The ROP application was filed in order to approve a 43,470 square foot concrete tilt-up building that had been erected on the 2.38 acre site at the northwest corner of Commercial Road and Waterman Avenue without City Planning and Building Code approval. The ROP application was scheduled for numerous Environmental Review Committee (ERC) meetings to resolve the potential environmental impacts of the project. The Initial Study prepared for the April 10, 1990, ERC meeting evolved through the subsequent months as the applicant provided additional information to the ERC body. The ERC found that the proposed project could have a significant effect on the environment, however, there will not be a significant effect in this case because mitigation measures have been established and a mitigation Reporting/Monitoring Program has been prepared to reduce the impacts. The ERC recommended a Mitigated Negative Declaration for this project. The four major impacts of concern, liquefaction, traffic, noise and aesthetics were evaluated during the ERC process and addressed in the mitigation Reporting/Monitoring Program. Liquefaction, as determined by the Mayor and Common council, is an impact that can be addressed at the grading permit stage after the project has been approved. The Public Works/Engineering Department determined that the information provided for the subject site was adequate. Traffic and circulation was evaluated by the City Traffic Engineer and determined that the information provided was sufficient to warrant mitigation measures and no further o o Mayor and Common Council Appeal of BBC Decision 276 East Commercial Road Page 2 o Agenda o Item o studies based upon cumulative impacts. Noise was addressed in a report prepared by George E. Leighton on April 9, 1990. The mitigation Reporting/Monitor- ing Program requires additional testing to be performed prior to the issue of a Certificate of Occupancy. The ERC was satisfied with the steps that the applicant was proposing to lessen the visual impacts of the project to the adjacent residential uses. o The ERC approved the project on June 21, 1990, subject to the Mitigation Reporting/Monitoring Program, the Conditions of Approval and the Standard Requirements provided by the various departments. Prior to receiving a Certificate of Occupancy, all outstanding issues will have to be resolved and complied with to the satisfaction of the City. ANALYSIS The building located at 276 East Commercial Road is of "Tilt- Up" wall construction, vertical concrete wall panels constructed while laying horizontal to the ground, allowed to cure and then hoisted into vertical position with a crane. The majority of industrial type buildings in the City of San Bernardino (along with most other cities in Southern California) are being built the same way. c Because of the nature of construction, "Special Inspections" are required by Section 306 of the California Building Code. This Special Inspection is usually done by an engineering company and hired by the developer to ensure that construction is done according to the City approved plans. The Special Inspector submits copies of his daily reports to a certified testing laboratory for review by a licensed engineer. After tests are made for concrete strengths, and all reports are reviewed by the laboratory, copies are then sent to the City Building department for review. The Building was built without city Planning and Building Code approval; however, there were no inspections waived nor were there any inspections left off the reports that would lead the City of San Bernardino Building Division to believe that the structure was not built in accordance with City approved plans, nor anything that indicates that the Building is unsafe. Although the plans were not approved at the time of construction, the project in question was done in the same manner as any other building of this type. The difference being that the Developer used private Special Inspectors to also do the inspections, which are normally done by City Inspectors. Once the City of San ~rnardino plan checked and approved the plans, the Building Division checked the Special Inspection Reports against the City approved plans to determine if the building was in compliance. o o c o - o Mayor and Common Council Appeal of BBC Decision 276 East Commercial Road Page 3 o Agenda Item o The one issue (item No. 8 of Mr. Gonzales' letter) which could have been of concern was carefully reviewed. The structural engineer that designed the wall panels presented a letter with his Engineering stamp and testified at the Board of Building Commissioners (BBC) meeting of August 3, 1990, that the one structural change in question was done with his knowledge and approval, which he considers designed to be structurally safe. The Staff Report (attached) presented to the Board of Building Commissioners on August 3, 1990, addresses all issues concerned, as well as explains the Uniform Codes and Special Inspection Reports. The Board of Building Commissioners, at the August 3rd meeting, were hesitant about making a decision due to the public attention this project has created. The Commissioner's hesitancy should not be construed as an incompetent decision. OPTIONS AVAILABLE TO THE MAYOR AND COUNCIL The Mayor and Council may deny the appeal of the Board of Building Commissioner's decision (upholds Staff's position), or uphold the appeal, specific items not in compliance with the Building Code and/or accepted Engineering principals (overturns Staff's position), or continue the item for 30 days and direct Staff to hire a third party Building Code Plan Check/Engineering firm to review the eight (8) Building Code issues. RECOMMENDATION Staff recommends that Council deny the appeal, based upon the Board of Building Commissioners decision that the appeal is without merit. Prepared by: Jack Masters, Senior Building Inspector and Patti Nahill, Associate Planner for Larry E. Reed, Director of Planning , Building Services A - Appeal to Board of Building commissioners B - Board of Building Commissioners Case Material Exhibits: C - Appeal to Council o o o. ~~o (j o June 29, 1990 Michael Lindseth, Chairperson Planning Gommision City of San Bernardino 300 North D Street San Bernardino, California 92401 Re: project no.90-13 Dear Mr. Lindseth .0. I wish to file this appeal on the project known as 9Q-13 (Rodgers Bindery Bldg ) on the Development Review Committee and Environmental Review Committee of June 21, 1990. The facts are stated in the attached letter from Richard Gonzalez. These are a few of the items I am concerned about, but not necessarily all that I have. Thank you in advance for your cooperation in this matter. Please feel free to call if you have any questions relating to this matter. o Sincerey--- c ris Saldecke 1155 Harris Street San Bernardino, California 92411 (714)888-9880 encl. ,~ 7.3 ATTACHMENT "A" . o o c . o o _. o o June 21, 1"0 Michael Lin~e1:b, Cha1l:pU'.o~ Planning commi.sion city or San Barnardino 300 N. "0" Street San Bernardino, california 92401 Dear Mr. Lindseth' I wish to appeal the approval by the Development and Bnvironmental Review Committee ot items 90-13 on JUne 21, 1990. The qrounds tor the appeal are based on serious violations of the San Bernardino Municipal Code reqarding building construction. No member of the Building and Satety Department was pre.ent at the June 21st meeting. The chairman, Mr. Montqomery, indicated the committee was not interested in buildinq-safety issues at that time. As you know, no testimony was allowed at any ot the prior planninq commi.sion meetinqs ot May 24, June 5, nor June 19 of 1990. Consequently, no testimony regarding buildinq and safety matters has be.n heard at any of the noticed hearings. Furthermore, the committee totally iqnored its own voluminous report. which recommended a tlat denial of both items 90-5 and 90-13 For the record, I would like to inform you I am a Certitied Building Inspector (lCBO #11725), a Certified Building Official (CABO #973) and a licensed General Building Contractor #524325. I inspeoted the building on April 15, April 20, April 28, 1990. I also took pictures beginning with the April. 20th visit. The building is within eyesight of my home and I was merely curious at tirst about the construction. When it became obvious to me that the local Sun Newspaper was m18sing part. to the whole story, I personally purchased the Superior Court documents of April 9, 1990, and the Planning Department Staff reports on items 90-5 and 90-13. I also interviewed various members of City statt. I personally examined the "approved" structural plans on May 29, 1990 at the Building Department. These plans were "approvad" by Willdan and Assooiatas on March 23, 1990. I submit my fineUnqs to you in the hope that the City does not adopt any liability to itself nor establish a pattern of peraittinq unsafe or illegal construction in our ar.a. o o c o o o o Hr. Li~e1::b Papa . The app~ecS pla..r 1. "Waive footing ancS foundation inspections." The Uniforlll Building Code Ig81, Seotion 305(e), requires founda~ion inspeo~ion and does not permit any waiver. The plans lacked a structural wet stamp trolll the s~ructural Engineers - STB. The plans lacked any plUlllbing, lIIechanical.or electrical speoitications or drawings. The plans were "approved" Karch 23, but by this time all the structural concrete had been poured. We canno~ know it the special inspectors supplied by the builder saw the same set at plans. The Unitorm Buildinq COde, Table 5-A, prohibits any openings tor this type of building l..s than tive feet frolll any property line, ie: A door on Waterman Avenue is not permitted. There is no report ot roof sheathing nailinq inspeotion in any of the docUlllents. This is one of the 1II0S~ crucial required inspections .s the roof diaphra9111 holds up the concrete panels. 2. 3. 4. 5. 6. 7. The plUlllbinq syste. uses plastic sewer drain and roof drain lIIaterial. Thi. in no lonqer permitted under california PIUlllbing Code. a. of l,gO. I. On Karch 5, U'O, the special in.pector noted that "the chord bar i. 2 feet below the roof ledger and we have no reinforcing at the ledger-. This appear. to be ~he 1II0.t serious flaw in the building. The s1:rUo~ural detail. in the plan. oall for very exaot poai.t:ioning of reinforcing steel vi.-a-vis anebor bolts, and the roof ledger staole. A .ediUIII .ized quake will in all likelihood damage the shear value of the concrete wall panel.. This would result in a roof oollapse at the perillleter. A. you Jcnow, thi. p8Z'llit proe... i. eOlllpl1!Xted becau.e the builder started without approved plan. and pez'IIit.. The City cannot ea.ily let: a building perjU.t: be issued now a. it would ac:c:rqe many un.een liabilitie.. % would like very Deb to pre.ent an outline which will permit the City to over.ee e legal prooe. which will en.ure that: this building is made .~e. % would 91adly do this in .pite o o c o 10\"'. Lin48eth Page 3 o o o that: tM.. wlldinCJ' i. made ..f.. . I would gladly do thia in .pite of any navativ. thougbt. I lIay bave about: the appearance, u.., or looation.ofthe wildin;. The pUblic inter..t and .afety can only be a..urad if we undaratand thi. wUding need8 TLC frOll Engineer., Planner. and Cratt.llen and le.. pre..ure from political sources. Richard Gonzalez 2!519 York Court San Bernardino, CA. , . . . o 00 '" 9 - iil . :0 '" II :0 . iiL ;; " w .. !:: o 00 '" - r b o (laS' :: .. ~ .. . _. 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I!!W =::''2 S:&.i [S.1::1l: ;;;'NOOO ::'Iili.. = 0.... = =- ~... :Jo..._=,<..=g,<o o :;- l'i ~ .. = n .. o > z C'l m ~ S; = c: F o Z C'l en ~ C'l fIl ~ S; = c: - l"'" o - z C'l en o o o o o CITY OF SAN BERNARDINO 300 NORTH "0" STREET. SAN BERNARDINO. CALIFORNIA 92418 JAMES F. PENMAN CITY ATTORNEY 17141384-6355 July 10; 1990 \~ ~Chris Saldecke 1155 HarriB Street San Bernardino, California 92411 Richard Gonzalez 2519 York Court San Bernardino, California 92408 RE: Appeal of Development Review Committee/Environmental Review Committee Approval of Review of Plans 90-13 Dear Mr. Saldecke & Mr. Gonzalez: o This letter is to inform you that your appeal of the above- referenced project has been rejected by the City of San Bernardino because it does not raise issues which are relevant to an appeal of the DRC/ERC's decision on June 21, 1990. On that date, the DRC/ERC approved Review of Plans 90-13 and adopted a Mitigated Negative Declaration and Mitigation Reporting/Monitoring Program pursuant to the California Environment Quality Act. Resolution 84-91, states that: "The review of plans shall determine whether the plans and proposals comply with the affected departments' specifications and requirements, and development standards prescribed in the San Bernardino Municipal Code, the provisions of this and other resolutions of the Mayor and Common Council, and standard procedures established by the Planning Department with the approval of the Mayor and Common Council." Resolution 83-48, Section 3 outlines the intent and purpose of a Review of Plans. That section describes the Review of Plans as: c HE:mg\89-13plan.ltr 1 o o o o o o o "a visual, factual document which may be used to determine and control the proposed physical layout, design, and use of a lot or parcel of land, buildings or structures...." Your appeal of Review of Plans 90-13 raises issues of whether the building has been constructed in accordance with the Uniform Building Code and the Uniform Plumbing Code. These issues do not involve the project's design and development plans and the City's development standards. The Director of Planning & Building Services will place on the agenda of the Board of Building Commissioners for their August 3, 1990 meeting, your letter of appeal raising issues regarding the construction of the building. Because these issues must be resolved before a Certificate of Occupancy can be issued for this building, the Board of Building Commissioners has jurisdiction over these matters. I have. requested the PI,annincJ"" Bg,~~~S.ervic~.D~Ilt;"~,Cf;; process and returnjlt.refund ofyoUrl;.~!.k:f.e. ..;;~"'!', .0.,.;"'.... ';,sp-_ , :'....~...-- Please contact me if you have any questions. V~'~ HENRY EMPENO, JR. Deputy City Attorney HE:mg cc: James F. Penman, City Attorney Mayor Holcomb & City Council Michael Lindseth, Planning Commission Chairman Larry Reed, Director of Planning & Building Services HE:mg\89-13plan.ltr 2 --. o o c o DATE: TIME: PLACE: 1. h- ~GBNDA 0 FOR RBGULAR HBBTING OF TO CITY OF SU BB1UIARDINO BOARl) OF BUILDING COMHIS8Ionas . AUGUST 3, 1990 9:00 A.M. CITY HALL COUNCIL CHAMBERS 300 NORTH '0' STREET SAN BERNARDINO, CA 92418 CALL TO ORDER AT . -'- 2. ROLL CALL 3. APPROVAL OF MINUTES MOTION: TO APPROVE THE MINUTES OF MEETING OF DATE 4. SWEARING IN OF THOSE GIVING TESTIMONY 5. AUDIENCE: PUBLIC OPPORTUNITY TO SPEAK ON NON-AGENDA ITEMS. (Note: Please limit items to five minutes per speaker) o PLANNING , BUILDING SERVICES ITEM NO. 6. OLD BUSINESS REPORT/PROJECT NO. 90-3687~ LOCATION: 307 NORTH MACY OWNER(S): JOSEPH FIORENZA PLANNING , BUILDING SBRVICBS ITEM NO. 7. 8. lIE. BUSInSS REPORT/PROJECT NO. 90-3748 '. LOCATION: 2607 NORTH 'I' STREET OWNER(S): ROOSEVELT MILLER JR. REPORT/PROJECT NO. 89-3357"... LOCATION: 598 SOUTH GIFFORD OWNER(S): MOUNIR RISHA PAGE -1- ATTACHMENT nB" o BOARD. OJ' BUILDQ COHKIQONBRS AUGUST 3, 1l1l10 AGBNDA o o PLANNING , BUILDING SBRVICBS HBW BUSINESS ITEM NO. 9. =,~NO"R&PO~~K~ ~~, ';_, LOC14~ 27_6~~i.CClI -'~_IIC.~', Owftt~~8~ITZ . ". ... . 10. ATTACHMENT 'A' - ABATEMENT COSTS: ABATEMENT COSTS: COST ASSESSMENTS FOR OWNERS/PARCELS, AS LISTED ON PLANNING & BUILDING SERVICES DEPARTMENT NUISANCE ABATEMENT ATTACHMENT 'A' PUBLIC SBRVICBS WEBD ABATEMENT ITEM NO. 1. o 2. 3. APN# 281-081-02 & 281-081-03 OWNER(S): ROBERT C. NEWMAN II APN# 136-072-26 OWNER(S): LUIS T. GONZALES APN!# 139-032-35 OWNER(S): ENOCH LEE APN!# 138-033-18 & 138-034-08 OWNER(S): ROSCOE SAPP APN# 143-361-24 OWNER(S): SETRAK M. OAOERIAN 4. 5. 6. EXHIBIT 'A' - WEED ABATEMENT COST ASSESSMENTS FOR OWNER/PARCELS AS LISTED ON PUBLIC SERVICES EXHIBIT 'A' PAGE -2- o - - ,0 BOARD OF BUILDING QMMISSIQRS NEW BUSINESS AUGUST 3, 1990 o AGENDA ITEM o ITEM NO. 9 NO REPORT/PROJECT NUMBER LOCATION: 276 E. COMMERCIAL RD. CURRENT ZONING: IL OWNER: MERV SIMCHOWITZ CONTRACTOR: ICON GENERAL CONTRACTORS APPELLANT: CHRIS SALDECKE BACKGROUND: This project was started without building permits, causing much public discussion and many newspaper articles. The first step in the City approval process was to obtain approval from the City'S Development Review Committee. (D.R.C.) An appeal to D.R.C. further review the project along with a list of construction deficiencies was submitted on June 29, 1990. The Building Official and City Attorney denied ,the appeal on grounds technical building code issues must be heard by BBC. The items at issue were analyzed by building code staff and found to be without merit. Based on this finding the plans were approved and a permit was issued by the City Planning & Building Services Department on July 13, 1990. <:) The appealant(s) are appealing the staff findings to the BBC. STAFF FINDING: Each construction deficiency was researched by building code staff in accordance with attached construction inspection reports, along with the approved plans. The findings were that each issue was invalid, and that the construction was in accordance with the engineer's design and the requirements of the Uniform Codes. Mr. Gonzales may not have had all the information that was needed prior to listing his concerns. STAFF RECOMMENDATION: To deny the appeal based on the findings. BBC/276 E. Commercial Rd. o o o o o o 0 o o o c - . .0' Df'l'EROFFICE MEMORANDUM: t"\107-43ot"'\ 0 . Bui1dinq Code Issues RaiM. concel9f'inq Buildinq at Commercial street July 9, 1990 paqe 2 4. J:88UBI The Plans were approved on March 29, 1990, but by this time the structural concrete had been poured. . J'DmnrGI As of July 3, 1990, the Buildinq Department has not, as indicated above, issued pel'lllits: therefore, no plans have been approved. However, all the private buildinq inspection reports app_r to correspond with the plans submitted to the City (Wildan Enqineerinq) for plans checkinq. 5. J:8SUBI Unifol'lll Buildinq Code Table 5A prOhibits any openinq for this type of buildinq less than five feet from a property line. J'IRDIJrGI The access door on Watel'lllan Avenue is closer to ten (10) feet from the property line; however, Section 504 (a) of the Unifol'lll Buildinq Code states a Centerline of the adjoininq street (public way) shall be considered to be the property line (see attachment "C"). The centerline exceeds ten (10) feet. ISSUBI There is no report of roof sheathinq nailinq inspection in any of the documents. I. 7. J'IRDIJrG: Roof sheathinq was inspected by a private buildinq aqency (see Attachment "0"). J:SSUB: The p1umbinq system uses plastic sewer drain and roof drain material. J'DmI.G: Plastic roof drain material is acceptable for use in a combustible co_ercial construction and in residential construction not more than two (2) stories in heiqht (see attachment "E"). For further information please call Mr. Jack Kerin, Department of Housinq and Co..unity oeveloplaent Division of Code and Standards, P.O. Box 1407, Sacramento california, "95812-1407, (906) 445-9471 or the california State Buildinq Standards' eo.mission (916) 323-6363. e. J:SSUBI The Chord bar is two feet below the roof ledqer and there is no reinforcinq at the ledqer. J'DIDJ:BGI Accordinq to William R. Bloom, President of STB Structural Enqine.rs, Inc., the chord bars beinq low.red "does not compris. the structural adequacy of th. buildinq." (se. Attachment "1"") . o o o :. 0 :IJf'1'EROF1"J:CE MEMORANDOK: ('\,.,7-43010 0 . Buildinq Code :Issue. Rai.X- conceminq Buildinq at Commercial Street July 9, 1990 paqe 3 Based upon lIlY tindinqs, I believe the builcUnq was built in substantial coapliance with the City ot San Bernardino Buildinq t:ode and is structurally sate, per the desiqn standards ot the City ot San Bernardino Buildinq Code. I am available to an_er any additional questions which may be raised concerninq this buildinq. . cZuL ex MASTERS, Senior Building Inspector /lIItb . .D: iRVINE '~CNS~TING ~ TEL NQ:7149517S69 o ~ClOUNTY - ,"::;~~=:..-' A- 1M .:~: -~IlITI" ....::rIliF'Ax...__ IIUND ....... ,. ClIlUlII,.. U11I.III1IM _A-,CA_'.- I7l4Ir1411 All crMl__ COI/IlIlNG WOIlIC ~1l-"ClRMID . WHICH REQUIIlID~AL IV THE Il'ECO'L .......CTOtI ~ .1lIIN~ COHCIlITI C I'QIT.TIHIIONIO COIiiCIlITI C ....Nl'OllCIO lot"lOHR'f C ITIIUCT. ITUL .Im ~ STIlUCr.ITEEL. ~ o . ~:.. REPORTING REQUIREMINTS: Only - _ /lCI. rellOltecl lie' IIlMl. I_Illy \Wle 01--. IIeIll , 1I*lIIc.... ~ecI t1Io<<. grtCIIlnft, IIC.I: IClenllly" joInle _n In--.g _11llCI-'; Icllllllly _P1IC1/rej1C1IC1_ bv 1I11ll1llCl1OlCillc 1ocI11an;_reI IilJobIllOlllIIlllIllCl DISCUSSIONSwIIIleontrectOr.An:1lIt1Cl, InOln_~_.lllOumollll.llliallllHld.nd_lIlIllallen:wnll ClllIIIealton 0' --. re'lrenclng IlIlIIiecl _. 1_1lIca1lOnl, IllCI ~ 1IlaN atfdIor 1Ilo1l drawmga. --....-..- .. o UI:-IIa .a~;... UJay I :. III ;L.];-~ "j .1?.J.""f IAI'U Lt" .,P ~... I A-..,IMl~ I ~ o ........ -...... aD..... _~ 10 llII...- PIMI and .~ .llnoa_ _ .l1li'...... _ _..., . II ~ CIl.I ..... -. ~ --- c o o - - - - _-09-'90 ,"",'1" 11.J:u,VINlO. ~Tl/'6 GR TEl- NJ:7149517'369 ~19 p~( UIIDI~ -~"<<..... .... llA_ ..._,_ ~ .111_ tNl.MD __ '-~~UlI. (Nt ~__ -, .-, o...J.o. CClUlln' rn::=~rJ.. ~ ..- t":\ICG ~ int:Orpo1r1Jl!d SPECIAL INSPECTOR'S REPORT - '- COYIIIING ~ IlIIU'OlIMID _ICM IIIQUlIllD ~AL IV THlll'lClo\L INII'ICTCHI OF C IlIINl'OIlCID coNCllm 8 POIT.TINIlOHIDCONCI'm . IlIINFOIlCIO MAlON"" C snlUCT. 1TIIL.1m C ~~,1ltOP C 1M ., .... - REPORnNG REQUIREMENTS: Only _ """" no. rellOrlecllMlr .h.... '""lily type 01 -"- II.... a Il*llflc ._ ~ ,.,. grtcllln... .tc.); idtInlily ..1/0ln1l_1lIIIIICIIn9 w...na DelIla; ldenllfy _lIIld1rljlCtlCl_ by llem _ ...... '-IIDlI:-.I .11 1011 DrObl.m.ana DISCUSSIONSwtlhConl..ctor.AnlhillCl, Ena'_.tc.;__IOl....lIn.. ,*CICI.naNlllPlH_ _ cenlllcltion 01 -"- re,...ncinglDplllCl cocII.lIMICiliCIllonl, and '11-" pI.n. .rw4l0t .nop drawlllp. . OAT. ~ ~ _~._"""_._":"'A____"".___. '_ ~ ? .3./-~" . ~~t1~ LLt!4..- ...... 0Mrt..... ~ __ . . -- - --f,.. IOM04 UNIFORM BUILDING COOE WIll ia dIo1 story and no single opening shall hue 1ft..... pealer dIan 120 square feeL All opeaia.. ia floors forming a "three-hour rll'O-resistive occupancy sepora_ lion" sbaJJ be prntKllOd by venieaJ enclosures extending above and below such openinp. The WIlls of such vertical enclosures shall be of DO( less dIan two-hour lire-nsislive conslnlCtion and all openinp lbereia shall be prntKflOd by a rll'O IIIIlDIbIy havinea one and one-half-hour rll'O-JllllfC'lion raliDe. 3. A "two-hour rue-resistive occupancy 5epIrIlion - shall be of DO( Ie.. than lWOohour rll'O-resislive COIISU'IIClion. AU opeaiap ia such separation shall be prnteOlod by a rue ....mbly having a one and one-half-hour rue-prnIeClion raIiDc. 4. A ......hour rue-resislive occupancy 5epIrIlion" shall be of 1IOI1e.. than one-hour rue-resistive con5lrUCtion. All opeaiap in such seporation shall be proIeCllOd by a rue ....mbly havinea one-hour rue-pnlIedion mine. (d) fin Rallnp for Occup,oDC1 Separal...... Occupancy separations shall be provided between lhe vorious groups and divisions of occupanc:ies IS sel fordl in nb1e No. '-I. EXCEPTIONS: I. A--bour____maybe__. Group A. Division lor. Group I Oc:cuJllllCY 1IId. Group B. Division I Oc:cuJllllCY _nclusi..ly forrheparl:in.or_oIpri_or........-type__ aod provided no repair or foelin. is clone. A -OCCUJllllCY........... may be ..... -... Group A. Division 2. 2.1. 3ar4ar E Oc:cupoocy Illd. Group B. DiYisiaa 1 Oc:cupoocylhalisUJCd...lusiwlyforrheportli..or_ofpri_ar pIoasoue-lype - >ehieles and provided......... or foeU.. is clone. 2. Ua1ess roqujnd by Saelioa 702 I.,. die __boor CICCUJlIlICY sepanIioa -. Group R. Division I Oc:cupoocy 1IId. Group B. DiYisiaa I Oc:cupoocy ..... oaly far rhe JlIIl<inI or __.. of pri_ ar pIeasuno-oypc ...... vdlieles_ lIO.......arfueUqmaybe_..IWO-.. Such__ioa maybe -_..one hour _rhe _01_ Group B. Division I Oc:cupoocy --_3000__. 3. In rhe _OCCU_ __ _. Group R. Divisioa 3111d M 0.......-.,. .... sepanIioa may be limited..dIe ....._ 01_""'- for__rue-misli.._... dIe_ sidellld.scJf..losiDI.Ii...._ r-._ __I'Ioinebosin_willbepamillOd inlieuof.___ 1InI_y. rue dampen.- _ be _ ia air _ pili'" _p rhe ...u.1Ioor ar..mo........... Gnlup R. Division J 0...""""" from. Group M - I -i. provided such _ wilhin rheOnlup M Oc:cupoocy "'_01 _bavia..Ihie__.........O.OI'iodlINo. 26pl_......pu..,and -1IO~ioIOrheOroupM~ La lkInon Property See.'" (a)~. luildiap sbaJJ adjoiloorhave_llIapublic way or yont.. -.... diu one side. RequiRd y.- sbaU be perIIIIIIeIIlIy ....i...;...., S' Farlllo purpcIIe of IbiI seclion. lIIo _Iiae of 1ft adjoiniac public way shaU l.. be '., fM an adi-ol poapeny line. ea- _nquised windcni.s shaU be 1IO(....1han 30 inches f'nlm.... side and -JIIlIPIftY u-. For.._. see Seelion 1710. M - - ~a- SPECIAL INSPECTOR'S REPORT COVERING WORK PIIU'OIlMED WHICH REQUIIIED APPIIOYAL IY THE lII'ECIAL I~ OF ~f1i lID AP~ ?,.5 199Q '1:-._. D . . i- ::;:.~".liCmfAADIHO .RElNI'ORCID'llO~_HQ' C STRUCT. STEEL. SITE C PO$T.TENSlONBr. ICES C ~uct ~. ~ C REINfORCED MASON C AA~ /""'1 ~':" IAIl DlE~NTY __ 1CII ..... DIlDO. . ",,,_1IC11 FAX.",_,. .LAIlD ..... ---lMI.lUIIIlII -. "HlII. CA..,. (7l~mcrz FAXC7MI__ REPORTING REQUIREMENTS: Only one permit no. reponed per .....t Identify type 01 -'<. ilem , IIleCIfic area ~ec1 (_. grldllne.. etc.); idenllfy alljoinla when inapec\lng _Ida and IIolIa; idenllfy accePledlrejKled _rt< lly ilem and apeciIIc IOcaIIon; r_ alljob problema and DISCUSSIONS willi Conlraclor. Arellite\. Engin..ral~ record amount 01 materiel placectancl.....1lIU taken; ....t. c.nlflcllllon 01 -'<. ref.rencing allQll.d code. _lIicallon.. and allll_ plana ancllor ahop drawinga. INSP. !lATE / o -. all_ conforma to ..........- plane _ apeclllca_ ancl_''ca'" _ _ ....._ "orO:J LL t',o "_~A?t:J -..- c.. - .- . - /:1//<':' ,'7.1";'&/./7- o DRAINO SYSTEMS --1 --"..,; 37 . CHAPTER 4 DIlAlNAGE SYSTEMS ...",. Mtft u./tc. ChIIplrIr 4: [Otwsss] Adopt Mil,. U.RC. CMptw '" WftJt .,.,. -1t1men,.: [SSC, HCDI1, HCD4, OSHPD. DHS] NOTE: .. MMrbc Adoption ApP<</dfJt SectIon 401-M11Nri8la (a) DI8inage piping shall be CUI iron, 9alvInizecllleel, galvanizecl WIQUgIIt Iron, lead, COpper, brus. ASS, pve, extra lIlIwngth vilriflecl day pipe, 01' 0lI1er lIpproyecI matellaJa having a IIIlClOlh ancI unlfonn bot8, ~lrIat: (1) No gaNan;zecl wrought Iron 01' galvanized IlMl pipe IIlalI be leecl unclerglOllllcl ancIlIlall be kept at least six (6) Inches (152.4 mm) above ground. f (2) ASS 01' PVC InatalIaaon. -1irnII8CI to IWk1entiIII CCII7aIrucIian, not ~ _111M lito (2) mzn.. in height. ~ (3) No VfIlffIed day pipe 01' fIIIfnga IIlaII be U8Id Iboww ll1'OUnd or Where PIWIWIzed by a pUmp 01' ejeem They IIlaII be kepc at....1WeIw (12) lnc:Iles (.3m) below ground. (b) Drainage Iltt/ngs shall be 01 cast Iron, malleable iron, lead, bras, COpper, ASS, pve, vltrlflecl clay, or other Bppro..,d materials having a Smooth interior wat_ay 01 the same diameter as the pip. Ing SerY8Cland all such lilllngs shall conlorm to the type 01 pipe Used. (1) FillingS on screwecl pipe shall be 01 the ~secl drainage type. Burr8CI ends shall be ream8CI to the lull bot8 01 the pipe. (2) The threads 01 drainage IilllngS shall be tapped so as to allow one lourth (%) inch per loot 120.9 mm/m) grille. In...... 402-FIxtunl Unit EqulvalMte The unit equivalent 01 Plumbing lixtures shown In Table 4-1 shall be buecI on the size 01 the trap requir8CI. and the unit equivalent of fix. tures and devices not Shown in Table 4-1 shall be bas8CI on the rated d/8CIlarge capacity in gpm (gallons per minute) (II... per MCOndI in acconIance with Table 4-2. Maximum trap loadIngs lor sizes up to lour (4) inches (101.6 mml are as follows: - . e e e 1 '~". (31.8 mm)- 1 unit 1 Va" - (38.1 mml-3 units 2" . (50.8 mm)_4 units 3" . (76.2 mml-8 units 4" . (101.8 mml-8 units &c.pt'on on "'f-servlce laUndries. 'nllwt 403-_ of Dra...... PIpIng (aI The minimum 11_ of vertlcat andlol hor......1a/ drainage pip. Ing ...., be det_n8C1 from the tm.. of alllixtura unite CDnnectecl "*-to, and additional, in the _ of vertlcat dra/nage pipes. In .0. COfdance with their length. _ -'-"'''''' ........""c:; f, the alterae' in SUCh system shall con- O~l"is ClId All parts of PlumIlIng systems of any .t Is ~ from one fOUndation to another; 'IlOther, shall be complet.,y tested as p,. section for new WOftc, except that w.,'s or III during SUCh teat when other equlvalent ~ to the Administrative Authority ... ;~nSP8CtIOn shall be required whera a th.reof, is set up for .xlllbltlon purposas h a watar or dralnag. systam~ . . as wh.ra It WOUld be Impractlca' to pro- .t.r or air tasts, or for minor installations tive Authority, at his dlscr.tlon, may maka ms advlsabl. in Ord.r to assura himself formed in aCCOrdanc. with tha Intant of 'Ptors-Showar recaptors shall be t.sted 19 with watar to the leve' of tha rough II be so plaCed that both upper and under subjected to the t.st at the pOint whera it Olpe-Inspectlon and repair shall con- MO Installation Standard IS 13, listed in ga systam of any pramlsas under tha Illva Authority shall be malntainad In a :ondltlon by the owner Or his agant. ructlon Jhall be deemed to require a changa In or drainage syst.m or any other work n an .xistlng bUilding or lot whan SUCh ltalned in acCOrdanca with law In affect S Code, except when any SUCh Plumbing 'rk regulated by this Code Is determined Iy to be in fact dangerous, un..f., in- nenace to lIta, heelth or Prclll8lty. ty a~' Provisions of this eoaa fails to I, r any other dang.rous or In- i health or "faty hazards, the Jta such adcIltlonal PlUmbing and <a such rapalra or altaratlons as may .. Authority. :lde, or the application thereof to any Invalid, the remalllller of the Code, or n to other P8rSona or clrCUmetances, ~ 'erance is made to an aPll8lldlx, the lOt apply un.... specificallY adopted. U....AINAI>E SYSTEMS o 0 037 CHAPTER 4 DRAINAGE SYSTEMS Slalfo.oJ 401-Materlala (a) Dra/naga piping shall be cast Iron, galvanized st..I, galvanizect wrought iron, lead, COpper, bra... ASS, PVC, axtra strangth Vitrified clay p/pe, or other approved materials haVing a smooth and uniform bore, axcapt that: (1) No galvanized Wrought Iron or galvanized steel pipe shall be us- ed underground and shell be kept at la..t six (8) Inches (152.4 mm) above ground. 2. (2) ASS and PVC DWV piping Installations shall be limited to those structur.. where combustible construction Is allOWed. (3) No vitrified clay pipe or fittings shall be USed above ground or I whare praaauriZed by a pump or ajector. They shall be kapt at least I twel". (12) Inches (.3m) below ground. (b) Drainage fittings shall be of caSI Iron, malleabla Iron, lead, brass, copper, ASS, PVC, vitrified Clay, or Olher apProY8d malarials haVing a Smooth Inlarlor watarway of tha sama diameter .. the pi~ Ing sarved Snd all such fittings shall conform to lhe Iype of pipe used. (1) Fittings on screwed pipe Shall be of lhe rec...., drainage type. Burred ands shall be reamed to lhe full bora of the pipe. (2) Tha Ihreads of dralnaga fittings shall be lapPed so as to allow ona fourth (%) inch per fOOl 120.9 mmlm) grada. Section 402-F1xture Unit EqUivalents Tha unit equivalanl of Plumbing flxtur.s shown in Tabl....1 shall be baaed on the siza of lhe Irap required, and Iha unit equivalent of fix. tures and devlc.. not sllown in Table...1 shall be baaed on the rated dlacharge capecity in gpm (gallons per minuta) (liters per seconct) In aCCOrdance with Tabla "'2. Maxlmuni trap loadings for sizea up 10 four (4) inches (101.8 mm) ..... follows: I , 1%". (31.8mm)_1 unit 1 Yo" . (38.1 mml-3 units 2" . (SO.8 mm)-4 units 3" . (78.2 mm)-8 units 4" . (101.8 mm)-8 units Exception on self.serVice laUndries. SectIon 403-SIze of Drainage Piping (a) The minimum sizea of vertical and/or horlzonlal drainage pl~ Ing Shall be determined from the lotal of all flxlure units connected "*-to. 8Ild acldltlonaJ, In the _ of vertical drainage p/pes, In ac- COrdance wilh lheir length. (b) Table 4-3 shows lhe maximum number of flxlure units allowacl o . . e . e e e MA'oADOPTlON APPeNDIX UCUCUG"Jcucucucu<u<uCU<UCUCU -I I: i = I II I I 1 I I I I I 1 I I 11111111111 I I 111111 I 1111 . I 11111111111 II I 1 I I>c I I >c>c I 1 II 11111111111 I I I1111111111 I I >c I I>c 1 I I I I I I 12 I >c1>c1I11I111 i~ I I I II I I II I I I 1U1>c I I II I I II I I I II 1>c1I11I11I1 1-1 >c>c I I I I I I I 1 I ~ I >c1>C\IIIIJIII II >c L I>c I >c>c>c I >c>c . . . . . . . . . . . ., .. . . . . . . . . . . ........... . ........... lilli' ; ; ; ; ; ; ; ; ; ., .......... . . . . . . . . . . :l:l .......... . . . . . . . . . . It .......... . ... . . . . . . . .. . . . . . . . . ON . . . . . . . "I ~j!: 1!:a ~ 1!:i i-i---......... , ------- ........... :') ucucucuc lJ I II . I >c>c >c>c II II >c>c >c>c >c>c .,. . ~~I' ~ ~~ . It ~ "I. o o .0 I I I '0 cSr:-, 0 STB STRUCTURAL ENGINEERS INC. o ~ MAIUNCI ADDfIIES.: ".0. 1I0X 10.2. NEWP'ORT BEACH. CALI'ORNIA .2.15~2. TELEPHONE: ('71 ~I 7158.125. 'AX: 171.175.'571 PRINCIPALS WILLIAM R. BLOOM DOUGLAS S. THOMPSON DAVID R. NELSON PAUL G. PITCHER 51! 2273 SE 2157. 5E 25153 SE 2158 I August 3, 1990 ASSOCIATE JOHN W. LAWSON SE 3270 City of San Bernardino Building & Safety Department 300 N. "0" Street San Bernardino, CA 92404 Attn: Mr. Dean Pagel Subject: Roger's Binding & Mailing San Bernardino, CA STB Job No. 90-019 Dear Mr. Pagel: The precast concrete wall panel reinforcing for this project has been questioned again. In particular, the chord reinforcing bars were requested to be located below the roof ledger. This change was reviewed by us at the time. This is structurally acceptible and does not compromise the structural adequacy of the building. The roof ledger is adequately anchored to the precast walls. The walls are in turn adequately reinforced at the ledger and through- out the wall panel to provide the necessary tie between the ledger and the chord. INC. 00 ro fii:l r2 n \1'7 f" i:l o t~ I~ L~ ~. \1, i?' ! r ( ru AU6 0 6 1390 L:0 CITY O~ 0$.-\;.. .:,:.;",,\,..;~;'..'. j DEfi.':'.!'''iMEN":- c~:; ':!~:. ~NIf~~ ~ e:.i!:.omG :;,,;'i ~ ,...i::; o o o o o o o AUGUST 13, 1990 ,........ ; , , I ! ; '- '-. AUG 1 7 1990 .~ S J . ,..' ' f; n r:? :'-~ ~ I" I Iii I I:J) ., ", .,' ~ ~-' ----: CITY OF SAN BERNARDINO CITY CLERK'S OFFICE 300 NORTH D STREET SAN BERNARDINO, CALIFORNIA 92401 r . .. ....... :7/\"~ :-iU:~~~i;...;: ;0 r.~.. ,~ '; ~..: '_:: eC'~NNli4G & .....:.,...:. :.;.,i\:;:;;::S RE: APPEAL OF PROJECT RP90-13 BOARD OF BUILDING COMMISSIONERS AUGUST 3, 1990 ITEM #9 I wish to appeal the decision of the Board of Building Commissioners of August 3, 1990, item #9 on their agenda known as RP90-13. The handling and presentation of this project was a disgrace and discredit to the Board Members as well as the residents who took time to be there. Although this was my first Meeting of The Board of Building Commissioners, it was the worst handling of a case I have ever seen. Those in the audience were better prepared than the Board Members. The Commissioners were given no staff report (see agenda) or file to adequately prepare to make a decision regarding this project. All they were given were the letters of appeal from Chris Saldecke and Richard Gonzales. They asked for a five minutes recess so they could read the letters. I knew on July 12th this project was going before the Board of Building Commissioners. Why didn't staff make a report and give it to the board members to research and study? Every other item had a report and a project number except item number 9 on their agenda. Every other meeting that takes place at the City has back-up or a staff report. So why weren't the Building Commissioners given the same respect? Their decision to approve this project was made on Jack Master's, Senior Building Inspector, verbal testimony that the building was structurally safe. Mr. Masters stated for the record that he had never been inside the building. How can he make a statement that it is structurally safe when he has never been inside of the building to inspect it. This is another rubber stamp project. ("APPEARS TO MEET CODE, BUT NEVER INSPECTED"). I thought the City had discontinued use of that stamp. Everyone is going on someone else's guarantee that the building is structurally safe. ATTACHMENT "C" o o o o o o o PAGE 2 CITY OF SAN BERNARDINO APPEAL RP90-13 Refering to the July 9, 1990 inter-office memorandum from Jack Masters, Senior Building Inspector, to Larry E. Reed, Planning & Building Services Director, addressing the building code issues raised, concerning the bUilding at 258 Commercial Drive. It is clear that Mr. Masters may very well have been inspecting the wrong building. RP90-13 is located at 276 E.Commercial Road, ( not only wrong address but wrong street ). I feel that the City has continually gone out of its way to circumvent the planning process. At each meeting of DRC and ERC we attended, our concerns were never addressed or answered. There are still many environmental issues that remain unmitigated. This project was on the agendas for the Planning Commission Meetings the evenings of May 24, June 5 and June 19. There were people in the audience who wished to voice their concerns about this project, but were never able too, because it was always continued or pulled from the agenda. The staff report prepared for the Planning Commission Meeting of June 5, 1990, addresses several concerns. That Commission determined that the noise and traffic studies were inadequate for the project. What happened to the future noise and circulation studies that were going to be required? The Traffic Report used for this project is the same report prepared for The Club Develop- ment by C.G.Engineering in December 1987. This report analyzes the traffic volumes and impact of the proposed development on the surrounding streets and adjacent intersections. However, since 1987 substantial changes including new, significant major development projects have occured or been approved. This report mentions one residential development adjacent to the street, and that current traffic volumes on the street are minimal. In fact, the traffic is horrendous in the mornings and afternoons because of all the new homes built in the last three years. The traffic will be even worse after the 400 apartments across the street, south of the building, are built. The cumulative impact of this project has been and continues to be overlooked by the city. This traffic report is outdated and inconsistent with the development alan, Commercial Road. It has not been developed as their master plan called for. Streets and intersections are all referred to, as under capacity, or near capacity. If you have driven down there lately, you know all the streets are over capacity and the freeways are deadlocked in both directions during early morning, afternoon and during and after the lunch hour. It takes fifteen minutes to get off the 1-10 Off-Ramp at the Redlands Boulevard Stop Sign, ( Waterman South ) which is refered to as "NEAR CAPACITY" in this traffic report. o o c o o o o PAGE 3 CITY OF SAN BERNARDINO APPEAL RP90-13 This building is located within the Alquist-Priolo Special Study Zone, with high liquefaction susceptibility. The reports used to substantiate the "approval" of this project are inadequate and outdated. The Geotechnical report is dated 1980, the Soil Engineering and geological control of rough grading is 1981, and the Subsurface Engineering geology investigation is 1980. All these reports seem to be on different parcels in the area, but none address this particular parcel. Staff from the City of San Bernardino's Planning Department have found several of the environmental impacts inadequately addressed. But still you continue to push this project thru. There are too many unanswered questions, and too many meetings that have taken place without public notice. It is not fair that the City has two ttifferent policies. One for the residents of San Bernardino and another for the Developers. Its time that everyone is treated equally. Perhaps in the future there may be litigation or liability regarding this project. Because of substantial public interest and concerns regarding this project and the way it has been handled, the final decision should be made by the Mayor and Common Council. This project has made San Bernardino the laughing stock of the Inland Empire. Build now, worry about the permits later, if and when you get caught. Section 2.64.030 FILING NOTICE OF APPEAL (page 95) of the San Bernardino Municipal Code states: Any person aggrieved by, or dissatisfied with the decision made by the commission, may file a written notice of appeal with the City Clerk, directed to the Common Council. As a resident and a registered voter of San Bernardino please accept this as my appeal, on the grounds the Board of Building Commissioners could not make a competent decision based on the information that was given them by Senior Building Inspector, Jack Masters, and our environmental concerns have not been addressed adequately. Should my appeal be rejected. I will assume that I have exhausted my administrative remedies and may proceed with a judicial action. On July 10, 1990 we received a letter from Henry Empeno, Jr. Deputy City Attorney, stating he was requesting the Planning & Building Department to process and return a refund of our appeal fee because our appeal was rejected. After several calls to that department, no one knows about the refund, and no one has returned my calls. It is well over 30 days and I wish to use $75.00 out o o o - - o o o PAGE 4 CITY OF SAN BERNARDINO APPEAL RP90-13 of that $100.00 refund as the fee for this appeal. If you have any questions please contact me at 714 888-7859. Very truly yours, . ;', l1t::'toJ(~'j /~;.(Jhf BARBARA L. SKY CONCERNED CITIZEN cc: MARGUERITE P. BATTERSBY, BRUNICK, ALVAREZ & BATTERSBY o ( -, lJ[}{]~ SUNSET @~@QJJ[P September 14, 1990 , ~. Mrs. Shauna Edwins City Administrator CITY OF SAN BERNARDINO 300 North "0" Street San Bernardino, California 92418 -''-'1 r. RE: CITY COUNCIL MEETING 9/17/90 Appeal of Review of Plans Dear Shauna: This letter serves as our formal request that the above item be continued until the October 1, 1990, meeting due to the fact that we have never been notified by the Planning Department of the appeal and/or the scheduling of this item for Monday's meeting. The continuance is necessary in order for us to prepare our facts to present to the council. Sincerely, / '- /-.:...(" .....'l._...__c .,-.........-. Patricia Green vice President THE SUNSET GROUP PG:rg cc: Mayor Bob Holcomb Larry Reid The Sunset Group 225 West Hospitality Lane, Suite 100 San Bernardino, California 92408 714.381.4381 /FAX 714.888.1940 .3(, .." c o () ~ """'\ SEPTEMBER 15, 1990 MAYOR AND COMMON COUNCIL CITY OF SAN BERNARDINO SEPTEMBER 17, 1990 COUNCIL CHAMBERS ITEM #36 RE: APPEAL OF THE BOARD OF BUILDING COMMISSIONERS BUILDING AT 276 EAST COMMERCIAL ROAD AUGUST 3, 1990 ITEM #9 I'm requesting a continuance of the hearing of my appeal on the basis that I have to take my mother out of town and will be unable to attend the appeal hearing. The notice given of this hearing was inadequate to allow me to make other plans or arrangements. I have been involved since the beginning of this project and participated at all the ERC and DRC meetings. I was at all the planning commission meetings where this project was always continued or pulled from the agenda. This project was never heard at any of the planning commission meetings, and the public present were never able to voice their concerns. The planning commission meetings are the only time people are able to attend, because they have to work all day. Our appeals were filed to have this project go before the planning commissioners. We were very surprised when we were told it was being sent to the Board of Building Commissioners. At the hearing before the board of Building Commissioners they voted on two motions, one of which was for the letter from the Structural Engineer to be addressed to the City of San Bernardino. They felt this letter would relieve the City from all liabilty. I'm not sure this is true, as the letter doesn't say anything about relieving the City of any responsibility. The second motion that was voted on was staff's recommendation that the building was structurally safe and built to code. Two of the Building Commissioners, Ponders and Hunt, voted against this motion, leaving only three Commissioners voting in favor of it, ( Miller, Gonzales and Pensiero). This in itself shows there are still concerns about the structural adequacy of the building. Yes, the Building Commissioners were hesitant about making a decision on this project. They felt the Mayor and Council should make the final decision. The four major impacts of concern, liquefaction, traffic, noise and aestetics were not evaluated during the ERC process. The staff report dated June 5, 1990, addresses several concerns that the traffic and noise studies were inadequate for the project. The traffic report is outdated and inconsistent with the development along Commercial road. ERC found that the proposed project could -:G~ ~~ , .' o o n ......... ) . Page 2 Appeal have a significant effect on the environment; however, there will not be a significant effect in this case because mitigation measures have been established and a mitigation Report/Monitoring Program has been prepared to reduce the impacts. Who oversees this Mitigation Report/Monitoring Program?????? And who enforces them????? Staff claims liquefaction is addressed at the grading permit stage after the project has been approved. This project didn't bother to get grading permits or any other permits, so when do you intend to address the liquefaction issue?? At what stage did the Public Works/Engineer Department make it's decision that the information provided for this project was adequate??? Why is it that prior to receiving a certificate of occupancy, all outstanding issues will have to be resolved and complied with to the satisfaction of the City. Why weren't these resolved before the city gave them their building permit??? This building is of Tilt-Up Construction, it is of the same type as the building that collapsed at Cal State Long Beach. The Special Inspector did raise concern on March 5, 1990 that the cord bar was not in the right place. Could this result in a roof collapse like Long Beach? We think it could... Are we willing to take a chance??? Mr. Jack Masters, Senior Building Inspector of San Bernardino would like you to believe that the Building was built to code and no inspections were waived nor were any inspections left off the reports that would lead the City of San Bernardino Building Division to believe that the structure was not build in accordance with City approved plans, nor anything that indicates that the Building is unsafe. Yet Mr. Dean Pagel, Building Inspection Supervisor for the City of San Bernardino, in his Interoffice Memorandum #9004-4701 of April 9, 1990 states "I have no indication on any of the reports that the building pad was inspected by Inspection and Testing Services. It must of been inspected by others." Do we know if the building pad were ever inspected by anyone??? Mr. Masters states on his Interoffice Memorandum #9007-4301 that as of July 29, 1990 the plans for this building had not been approved yet. All inspections were made using unapproved plans. Mr. Masters still has not explained how he determined this building to be structurally safe, when he was never in the building and evaluated a building at another address. Do we know for sure, he was evaluating the right building???? The real issue of this project is that the applicant never applied to the City for approvals, nor went through a process which would better ensure that it is approperate for the site or .' o o r-, \. ./ . ') '- ./ Page 3 adequately designed or constructed. A project which is conditioned and inspected after it is built raises so many issues that not all of them will ever be adequately addressed. I have several concerns with the handling of this project, and I would very much like to address them. I believe others (appellants and applicants) have been granted the courtesy of advance notice of when their items would be agendized, or their matters were continued if they had made other commitments and hadn't received notice in time to make other arrangements so they could attend the hearings. If you won't grant a continuance, please take the 3rd option and continue the item for 30 days and direct staff to hire a third party Building Code Plan Check/ Engineering firm to review the project. Thank you for your consideration of my request. m&;dtlu, ~ -4 BARBARA L. SKY CONCERNED CITIZEN cc: Marguerite P. Battersby, Brunick, Alvarez & Battersby