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HomeMy WebLinkAbout35-Planning - -' - . - -. - 'CITY OF SAN BI!RN(JIDINO - RI!QUI!ST POt COUNCIL ACTION From: 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 Dept: Planning & Building Services Dam: September 6, 1990 None. ;';:1- 1'"1 .., (~-; Cl I I r'.;J I :::.... .eel t;:> 2 ;:.~ {,.,.l 0 .,,-, U1 on Synopsis of Previous Council action: Recommended motion: 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 meritl that the structure meets Building Code standards and is safe as defined by the Building Code and that the appeal be denied. ~ ~k/ Signature Contact person: Jack Masters. Sr. Building InRp.."tcnr Phone: 'iD71 Supporting data attached: Staff Reoort. Appeal with Attachments FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.1 N/A (Acct. DescriDtionl N/A Ward: J Finance: Council Notes: 7...n"~~ Am:mrbt Itpm Nn _~s -C.TY OF SAN BERNOIDINO - REQUEST pQ:. COUNCIL ACTION - STAFF REPORT Subject: Appeal of Board of Building Commissioner's decision of August 3, 1990, concerning Building Code compliance and safety issues ~f the building locate4 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/~ngineering 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 75.0264 Mayor and Common Quncil Appeal of BBC Decision 276 East Commercial Road Page 3 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 ~ 4l<f (j . . June 29, 1990 Michael Lindseth, Chairperson Planning Commision City of San Bernardino 300 North D Street San Bernardino, California 92401 Re: project no.90-13 .0. Dear Mr. Lindseth , I wish to file this appeal on the project known as 90-13 (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. ria Saldecke 1155 Harris Street San Bernardino, California 92411 (714)888-9880 encl. , ~ ""1-3 ATTACHMENT "A" . - JUn. 21, 19S1O 0 _. 0 Hiabae1 L1nd.at:b, Cha1rp".OJt Planning co.-i.. ion city o~ San Bernardino 300 H. "0" street: San Bernar4ino, california 92401 D.ar Hr. Lin4s.thr I wish to appeal the approval by the Development: an4 Environmental Review Committ.e of items 90-13 on June 21, 1990. The grounds for the appeal are based on serious violat:ions of the San Bernardino Municipal Coda regarding building const:ruction. Ho member of the Building and Safety Department was present: at the June 21st me.ting. The Chairman, Mr. Montgomery, indicated the committee was not interested in building-satety issu.. at tbat time. As you know, no testimony was allowed at any ot the prior planning commis.ion meetings of May 24, June 5, nor June 19 ot 1990. Consequently, no testimony regar4ing building and satety matters bas been beard at any of the noticed hearings. Furtbermore, the committee totally ignored its own voluminous reports which recommended a flat denial ot both it... 510-5 and 90-13 For tbe r8cor4, I would like to inform you I am a Certitied Building Inspector (ICBO #11725), a Certified Building Official (CABO #973) an4 a licensed aeneral Bui14ing Contractor #524325. I inspected tbe building on April 15, April 20, April 28, 1990. I also tooJc pictures beginning wit:b t:be April. 20th visit. The building i. within eyesight ot my home and I was merely curious at first about the construction. When it became obvious to ma that the local Sun Hewspaper was missing parts to the whole story, I personally purchased the Superior Court documents ot April 9, 1990, an4 the Planning Department Staff reports on items 90-5 and 90-13. I also interviewed various members of City staff. I personally examined the "approved" st:ructural plans on May 251, 19510 at t:b. Building Department. Thes. plans were "approved" by Willden and As.ociates on March 23, 19510. I submit my findings to you in the hope that tha cny doa. not ac1opt: any l1abllny to itself nor establish a pattern of p8rllittinIJ un.af. or illegal construction in our area. - Hr. L1nd8etJI Papa o o . The app~veel planal 5. 6. 7. 8. 1. "Waive footin9 anel foundation inspections." The t1niform Bui14ing C04e-1988, Section 305(e), requires foundation inspection an4 40e. not permit any waiver. The plan. lacke4 a structural wet stamp from the structural En9ineers - STS. The plans lacked any plumbing, mechanical or electrical specifications or drawings. The plans were "approved" March 23, but by this time all the structural concrete had be.n poured. We cannot know if the special inspectors supplied by the builder saw the eame set ot plans. The Uniform Building Code, Table 5-A, prohibits any opening. tor this type of building le.. than five feet from any property line, i.: A door on Waterman Avenue is not permitted. There is no report of roof sheathing nailin9 inspection in any of the documents. This is one of the most crucial required inspections as the roof diaphra9lll holds up the concrete panels. . 2. 3. 4. The plumbin9 system use. pla.tic sewer drain and roof drain material. Thi. in no longer permitted under california Plumbing Code. as of 1990. On March 5, 1990, the .pecial inspector noted that "the chord bar is 2 feet below the roof ledger and we have no reinforcing at the ledger-. Thi. appears to be the most serious flaw in the buildinq. The structural details in the plans oall for very exact po.itionin9 of reinforcing steel vis-a-vi. anchor bolt., and the roof ledger stack. A medium sized quake will in all likelihood damage the .hear value of the concrete wall panels. Thi. would result in a root collapse at the perimeter. Aa YOQ Jcnow, this permit prooe.. i. oomplicated because the builder ataneel without approved plan. and permit.. The City caMot ea.ily let a building permit be i..ued now a. it would acc~e many un.een liabilitie.. I would like very much to pre.ent an outline which will perait the city to over.ee a leqal proce. which will en.ure that thi. buildinq i. made .afe. r would qladly do thi. in spite Mr. L1nd8eth paqe3 o o that: th1. lNild1ng' 1. lII&de ..fe. :r would 9ladly do tht. in .pit:e of any n.,at:ive thoU9hu :r may have about: the appearance, us., or location. of the buildin9. The PUblic inter..t: and .afety can only b. a..ur.d if w. understand thia bulldinq need. 'l'1oC from !nqineer., Planners and Craftsmen and 1... pr...ure trom political sources. With warm regard., .ichard GO~ 2'19 York Court San Bernardino, CA. . . . . - '" ~~r~l~!rgr~g~~r~'~lr~ ~ - ... = 3 .. ::i '< ='!!.3 :s'!!.::t Q =. 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CD 0 ....:-51 c Wo &.nll:sc ....=-_ n \C~C::CI- n~-(l...._:r -O-er~'< :r'l!tl::s::s::;~ lIOOa~"~~::scer"on" . >"-~~03cn.. :z N_%:l... _ _.OQ,Oo .... n::s -.. n. 0 cs:~ Q, 0 ::s :;' <<;'3 m~ IS a. .. ... 5' '< 3 3 a .. ~ :=-~ S'~"~ ~='2_ ':000 =...~ a:s 0 a..::s:r' .. .. ::I (I .... (ft _'< .. _ 0 '< (I o > % C) m ::0 o 53 tEl c:: - t"" o 52 C) ~ o ~ C) m ::0 o 53 tEl c:: - t"" o - % C) ~ o o CITY OF SAN BERNARDINO 300 NORTH "0" STREET, SAN BERNARDINO. CALIFORNIA 92418 JAMES F. PENMAN CITY ATTORNEY 17141384-6355 July 10, 1990 '~ ~hris Saldecke 1155 Harris 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: 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: HE:mg\89-13plan.ltr 1 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. Ihllve.,.requested th~,.Plll.DJ1in.::"'B~~MA\t~vi..c:~~~~ process llnd'returnI~..~find of:you~\,,,,.,..'.-':f.e.XIC'i! ." ". '1/ . ..~- 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-l3plan.ltr 2 ---- o AGI!l!IDA 0 FOR UGULJUl HBI!l'l'XIIG 01' '1'BB CJ:'1'Y 01' SAIl BI!lRJIARDIIIO BOARD 01' BUXLDXIIG COMNXSSXOIIBRS DATE: AUGUST 3, 1990 9:00 A.M. CITY HALL COUNCIL CHAMBERS 300 NORTH '0' STREET SAN BERNARDINO, CA 92418 TIME: PLACE: 1. 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) PLANNXNG , BUILDING SERVICES OLD BUUNESS ITEM NO. 6. REPORT/PROJECT NO. 90-3687\ LOCATION: 307 NORTH MACY OWNER(S): JOSEPH FIORENZA PLANNXNG , BUILDING SERVICES NEW BUSINESS ITEM NO. 7. 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 8. PAGE -1- ATTACHMENT "B" BOARD 0 BUILDING COHHISSIONBRS OwA AUGUST 3, UtO PLANNING , BUILDING SERVICES NEW BUSINESS ITEM NO. 9. :';NO>uPORTI~~=' ~_ 'LO~';t':!;I>>lt~ 2l~ .. :.:.. ;,il;~~"" .' O~~_"'_'--ITZ ATTACHMENT 'A' - ABATEMENT COSTS: ABATEMENT COSTS: COST ASSESSMENTS FOR OWNERS/PARCELS, AS LISTED ON PLANNING & BUILDING SERVICES DEPARTMENT NUISANCE ABATEMENT ATTACHMENT 'A' 10. PUBLIC SERVICBS WEED ABATEHEN'l' ITEM NO. 1. 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. DADERIAN EXHIBIT 'A' - WEED ABATEMENT COST ASSESSMENTS FOR OWNER/PARCELS AS LISTED ON PUBLIC SERVICES EXHIBIT 'A' 2. 3. 4. 5. 6. PAGE -2- LIt BOARD OFOILDING COMMISSIONERS AGEO ITEM NEW BUSINESS AUGUST 3, 1990 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. - - ,"" City or San Bernardino 0 O INTEROFFICE MEMORAHDOM 9007-4301 '1'0: Larry E. Reed, Planning . Building Service. Direct:or FROM: Jack Masters, Senior Building Inspector SUBJECT: Building Code Issues Raised Concerning Building at 258 Commercial Drive DATE: July 9, 1990 COPIES: W.R. Holcomb Administrator, Supervisor Mayor, Shauna Edwins City Dean Pagel - Building Inspection ------------------------------------------------------------- Eight Building Code issues were raised in a letter to the Planning COllllllission dated June 29, 1990, from Mr. Richard Gonzales. .In response to these issues, please note that the Plans for this building have not yet been approved and no Building Permits have been issued by the City. This building was constructed without City authorization/permits. I have researched the issues and submit the following findings: 1. ISSUB: The Uniform Building Code, 1988, Section 305 Subsection e., requires foundation inspection and does not permit any waiver. J'IlIDIJlG: Footings inspections Inspections were done by a private agency (see attachment "A"). 2. ISSUB: Plans lack a structural wet stamp from the structural engineer. were not waived. building inspection J'IlIDIJlG: The structural engineer submitted a "wet" stamped, raised seal set of structural calculations along with the plans. As built, stamped plans will be required to be submitted prior to the issuance of a Certificate of occupancy. 3. ISSUB: The Plans lack any plumbing, mechanical, or electrical specifications or drawings. J'IlIDIJIG: The architect noted that these items were to be submitted by "others." The plumbing was inspected by a private building inspection agency (.ee attachment "B"). In addition, the City is requiring enerqy calCUlation. prior to the i..uance of a Certificate of Occupancy. - Dn'EROFFrCE ~~DUM: 9007-4301 Building Code ~es Raised concerning Street JUlY 9, 1990 Page 2 BuiOng at Commercial 4. :l:88mU The Plans were approved on March 29, 1990, but by this time the structural concrete had been poured. . J'D1DDGI As ot July 3, 1990, the Building Department has not, as indicated above, issued permits, theretore, no plans have been approved. However, all the private building inspection reports app_r to correspond with the plans submitted to the City (Wildan Engineering) tor plans checking. 5. :l:88tJ1U Unitorm Building Code Table SA prohibits any opening tor this type ot building less than tive teet trom a property line. J'rJIDDlG I The access door on Waterman Avenue is closer to ten (10) teet trom the property line, however, Section 504 (a) ot the Unitorm Building Code states a Centerline of the adjoining street (public way) shall be considered to be the property line (see attachment "C"). The centerline exceeds ten (10) feet. ,. I88mlll There is no report ot root sheathing nailing inspection in any of the documents. J'IJlDDlGI Root sheathing was inspected by a private building agency (see Attachment "D"). 7. I88UBI The plumbing systam uses plastic sewer drain and roof drain material. J':l:JlDrBGI Plastic root drain material is acceptable tor use in a combustible commercial construction and in residential construction not more than two (2) stories in height (see attachment "E"). For turther information please call Mr. Jack Xerin, Department ot Housing and Co_unity Development Division of Code and Standards, P.O. Box 1407, Sacramento Calitornia, 95812-1407, (906) ....5-9471 or the Calitornia State Building Standards' Commission (916) 323-6363. e. :l:88UBI The Chord bar is two teet below the root ledger and there is no reintorcing at the ledger. J'D1DDGI According to William R. Bloom, President ot STB Structural Engineers, Inc., the chord bars being lowered "does not compri.e the structural adequacy ot the building." (see Attachment "F") . INTEROFFICE MEM~OM: 9007-4301 f'\ Building Code Ia.be. Rai.ed concerning BuiMng at Commercial street July 9, 1990 Page 3 . Based upon my findings, I believe the building was built in substantial compliance with the City of San Bernardino Building tade and is structurally Afe, per the design standards of the City of San Bernardino Building Code. I am available to answer any additional questions Which _y be raised concerning this building. C!uL CK MASTERS, ~senior Building Inspector IlIIth . ..-,.~ ,..-..;.;0 Qo . ICG incotpcrutr!d SPECIAL INSPECTOR'S REPORT IT'17/, rh1JellfT - 011..... COUNTY r'\ 1'~__CA"" C7U1.'- 'AIlI7'14_ -...I IAlllUlIO COUNl'l -~...,... ....::r~a_ ..... ...... - ClIWIII". LMIL..,._ _."'CA_'-. - cn4l71G11 M".__ A- COYIIlIN& WOM .....~D . WHICH FlEQUIIlID~A&.1Y THI8l'EQA&. ._ ..cTOfI M .IIIJN~ CONCIIIUI C POaT.TlHIIONID CONC:MTI C RElN~ 1iI.1OHIlY C 1TIlUCT. ITIIL . IlTI !J 1TIlUCT. ITHL . IIHOI' C REPORTING REQUIREMENTS: Only ona _ no. rallOfted pe, ...... IdeIl'lfJ tvPe of --. "am , II*IlIc -lneIIeclecl m-. grtdIInea, .IC.); .ClenllfJ" JoIn" wII.n inlPeCllllO -. '1lCl1lolta; lClalll'" _Placllrejaclacl _ by Ilam.nd apacjlIo Iocallon:-..I aI.Job probI.maallCl DI8CUSSIONSwttll Contractor.ArcIlltao\ Engln",alc.: _._ of m.....IlIaCac1.nllaamllla.lallatl:wrtl. canlllc:allCHl of work, ""ranclllg 'lIIIIiall_. ._lftcallCHla, aIlCl apprOOjed lllana .IlCl/Ot aIIOIlllrawinp. .. .Ilo\ ~~"1~r;"~."'~-4"" ;/..,,=-.,.., ...10;"/,1:1 ...I~ ".j) ~ft'''Iv'/ I .1.,. . P .<:'... , J!t,~MAJ.~ I I /or nAL. I ..1'~.. Z'y,j("'" .. ..". '--'. -'-' alI_ __ to Ilia a..-1IIaM _ 'Illlllcaltolla _ '",__IIlll...~ ... ~ ~ I...... ~-.!lb.stL. -..- -- ~QL'- SPECIAL INSPECTOR'S REPORT 0IlANlI1 CCIUIft'I.,O cn:.;:=~.- ~ IM.1eG co.n _~"et."" . .... CIA'" ....,- ~ ...- lIUIlD .... 'IOI~~"". (n4 cn4__ COVPING WOM lIIAPOIlMlD WHlCM IIIQUlIllJ) AI'PIlOVAL BY TMa UIClAL INII'ICfOfI Of' c l'lII~coNCllm 8 P'OIT. 10 CONCMTI . II!IHPOflCID MAlON"" C 1TflUCT. ITiIL . 8ITI C~'IHOP C ,.." .'f ua REPORnNG REQUIREMENTS: Only on. permit no. rwllOtlecl pet .heel. IcIellllly type 01 -'co It.m a lDeOlflc .... ift,,'IC'M ,." grtcIllIIeI. .IC.); ideftlily alI/oIlIlI_ _Ill' wellllaftO boItc ldaftlily _Illadlrwjac:lacl__ ~ II.m 1/111 apacillc IOcIIIoft: -.I III 1011 erotll.muftd DISCUSSIONSwllhCoft~ArcIlitact. Eftgl.......tc.:_ _101 mal.n" placaclaftClump/ft__ certification 01 --. ral.ratlCiftglllpllacl cocIe. _lfiCallOlll, Iftd '1l1lfOVacl plaft. arwJllN '!lOP drawtftga. IN . DATI - _c:l ~ ~ _~d_""'_."_'_________~' ,~ .~ ? ~./-?" . ~~"3LL~ -- ~...... ~ - . . ..- - --,', " 50HM UNIFORM BUILDING COOl wall in tIW story and no single opening shall baw: an IRa grearcr than 120 square feet. AU openings in noon forming a ..three.hour fire.resistive occupancy separa- lion" shaD be plOlected by vertical enclosures extending aboye and below such openings. The walls of such yenicalenclosures shall be of DOC less than two-hour f.....resistive consll'llClion and all openings lberein shaD be ptOteCted by a ftre assembly having a ODe and one-half-hour ftre-pnlIeCIioD rating. 3. A "two-hour ftre-resistiw: occupancy separation" shall be of DOC Ie.. than two-hour ftre-resistiye cnnsltUClion. All openings in such separation shall be proleCled by a fiR assembly haYing a one and one-half-hour ftre-ptOteCIion tating. 4. A "one-hour fire-resistiye occupancy seporation" shall be of nOlle.. than one-hour ftre-resistive CODsltUClion. All openings in such separation shall be JlRlle<led by a ftre assembly baying a one-hour ftre-plOfCClion rating. (eI) f1re Ratings for Occup....,. Sepantloas. Occupancy separations shall be provided belween !he various gmups and divisions of occupancies as set forth in Table No. '-B. EXCEPTIONS: I. A __occupancy sepuation may be used _. Group A. Oiyisioa I on Group I Occupancy Illd a Group B. Diyision 1 Oc:cupancy used exclusiw:ly for die porting or ..ora.. of private or ple......<ype rnocor vehicles ad provided no repair or fueUnl is done. A rwo-hour occupancy sepamion may be used _ . Group A. Division 2. 2.1. 3 or 4 or E Occupancy .... . Group B. Divisioa I Occupancy lhal is used exclusively for the porting or ....... of private or pleISlU<"YJlO rnocor vehicles and provided ID repoir or fueling is_. 2. Unless required by Section 702 (a.. die _._ occupancy sepantioa - . GnlUp R. Divisioa 1 Occupancy Illd a G_ B. Division 1 Oc:""-Y used only for rhe put<ing or Rora.. of pri_ or p_.<ype _ vehicles willi IDrepoirorfueling may be reduced 10 lWo-.. Such.....pancy........ioa..y be __1Oone __ rhe _of_ Group B. Divisioa I Occupancy _ __ 3000 square feel. 3. In the ....._.....pancy sepanIioo ...-... . Group R. Di.;si... 3 and M Occupancy. the ........ion ..y be Iimired 10 the _ioa of nwcriaJs __ fat ane-hour r....resiltive COIISUUCtion OD 1M pap side aad a self.dOlin,. liJbl- IItting solid _door 1'10 inches in lhickMss will be permi.red ilIlieuof .one._ IIIe _mbly. FIre dampen need _ be _ in oir ducts passill, dvoup the wall. Door or <eililll sepanbala GnlUp R. Divisioa 3 Occupancy _. Group M Oc:cuponoy. provided such ducts within the Group M Occupancy... _ of - haYinI'lhickMss nolless thanO.019 iIIdIlNo. 26,01_ sheet IOU'" and _1lO-"'P in10 rhe GroupM Occupancy. La DIllon on Property Sac. 504. (a) GeMraI. Buildings shaD adjoin or haw:...... 10 a public way or yanI...1IOl1esa _ ODe side. Required yuda shaD be permanendy maintained. S' For die puIpClIe oflhis section. the ceDler liDeof an adjoining public way shaD l.. be~anadj......pcop..t~liDe. ea- _ required windows shaD be ROC Iesa thm 30 inches from the side and ...JlIDPOftY lines. Forea.... see Section 1710. 301 COVERING WORK PERFORMED WHICH REQUIRED APPIlOYAL BY THE SI'ECIAL INSPECTOfI ~ OMHOE COUNTY t~rf'int~ A!~J5 19~ . .:. .- ~.~,,~ L<nt4AftOINQ .IIEINI'ORClD'llOflli:I'l~t'~ NQ Ie STRUCT. STEEL. SIT! e PO$T.TENSIONmco. I,"e': e ~UCT. ~EL. SHOP e IIEINI'ORCED MASON --- e A"'J' 'Ad""f ~':'" ..... IIII:!iQ l:O\INTY __ 'UCI. SUln tOO ..... DIEGO. CA..a II'. _"C1Z fAllll1lt _,. '~ICG 0 ~inaJrpofrlk!d SPECIAL INSPECTOR'S REPORT DILUID ..... '.-_lNlI.UTlM _IlI.CA_. 171"- fAll~__ :!.. -- REPORTING REQUIREMENTS: Only one permit no. rallOnlld per "'eelldenlily type 01 work. item & IIIICIfic ar.. inapectlld 1_. gridllne.. elc.); identify allloinla wilen inapeeling _Ida and bOlla; idenlify accePlecllrejec:11Id worItlly ilem and apec:iliC lOcatiOn; rec=n:l all job problema end DISCUSSIONS with ContraClor.Architec:t, Engin..r ele.; rec:ord amountol materialplacacland ..mplea"ken; ""Ie canlfication 01 work. referencing elllllllld COCla. _"iCatlon.. and approved plana and/or ahop drawing.. INsP. DATI .I a _. ell_ conforma to ilia ap~ plana end apeclflcatlona and appt_ _ and..._ -I'-~"'?O .....~.rC3 LL t'AJ il__ __.../.:1_ /#-p~" -..- Clt.' L__ -- - &1//:':' /7/'ic-/v '7- DRAINAGE SYSTEMS U CHAPTER 4 DRAINAGE SYSTEMS AtIop,. en_ U.RC. CMp,.,.: [OSAlSSS] Adopt entire U.Rc. ClMptw., with .,.,. _..,.,"""-: lBSC, HCDI1, HCDI2, OSHPD, DHS] NOTE:" Mmtx Adoption ~1dIlr 37 .c - Suu.... 401-Ml1ter18. (a) Oreinage piping shell be ClISl iron, galvenized SlMI, galv8llized WIlIUght iron, lead, COpper, brau, ASS, PVC, extnllhngtt! vilrifiecl dey pipe, or other /IpptOved IIloIlerials heving a IIIIOOlII 8IlCI unifonn bore, ~trIet; (1) No gelvenized wrought iron or ge/Venjzed steel pipe shell be used uncIefgrouncl8llCl1heIt be kept at leeat Six (6) inches (152.4 rnm) ebove gnlUnd. ~ (2) ASS or PVC InstdatIana -1ImiIlId 10 ~ COtI8IrucIion,IIOt _/hen Ilw (Z) IIOtiee in ~ (3) No vltrttIed clay pipe or IillIngs slid be used ebove gIOund or WIlere ~ by a pump orlljec:tot They shell be kepc8l1eut lweIwt (12) h:hes (.3m) below gl1lUlld. (b) Drainage IIltIngs shall be 01 cast Iron, IIloIlleable Iron, leael, brass, copper, ASS, PVC, vitrified clay, or other aPPfOved materials having a Smooth Interior wat_ay 01 the same eliameter as the pip. Ing IIfved and all such IIllings shall conlorm to the type 01 pipe ulacl. (1) Fillings on screwecl pipe shall be 01 IIle receslacl elralnage type. Burred ends shall be reamed to the lull bore 01 the pipe. (2) The threaels 01 elrainage lilllngS Shall be taPPed 10 .s to allow one fourth (%) inch per loot 120.9 mm/m) gracle. 'uu.... 402-Fbltu.. Unit Equlvalen.. The unit equivalent 01 plumbing lixtures shown in Table 4-1 shall be basecI on the siZe 01 the trap required, anelthe unit equivalent 01 lix. tunes ancl clevicea not Shown in Table.., shall be based on the rated diSCharge capacity in gpm (Qallqna per minute) (litera per laConel) in acc:oraance with TaIlle 4.2. . Maximum trap loadings lor sizes up to lour (4) inches (101.6 mml - as lollows: C A C A - e e - e 1 %". (31.6 mm)-1 unit 1 'Iz". (38.1 mm)-3 units 2" . (50.8 mm)-4 units 3" . /78,2 mml-6 units 4" . (101.8 mm)-8 units Exception on sa".service laundries. "'t lllw 403-Slze 01 Drainage PIping (ej The minimum sizes 01 verllcal and/or horizontal clrainage pip. 'nv shall be determined lrom the total 01 all fixture units connected thereto, and additional, in the case 01 verllcal clrainage pipes, in ac. ~ with their length. '. UlG caHer.uona ,n SUCh system shall con- o~'!"la 0iIde. . All pans 0' !he PlUmbing syst..... of any It I. mtl\I8d from one tounclatlon to another, .lIOther, ~I be completely tested as IQ- section tor '- worIc, except that walls or ICI '\luring SUCll test when other equlv8/ent Ptable to the Adm'nlstnltw. Authority are ,t or InSP8Ctlon sh.ll be required where . :hereof, Is set up for ex"lbltlon purposes h . w.ter or draln.ge iyatem~ . . es where It WOUld be Impr.ctlcal to pro- Iter or air tests, or for minor Inst.ll.tlons tlve Authority, .t his discretion, m.y make ms advisable In Order to assure himself formed In accOrd.nce with the Intent of 'Ptors-Shower recaptors sh.ll be tasted 19 with water to the I_I of the rough II be so placed th.t both Upper .nd under subjected to the tast at the paint where It )lpe-InSP8Ctlon and repair sh.ll con- MO Installation Standard IS 13, listed in ge system of any premises under the Illve Authority sh.ll be maintained in a :onditlon by the owner or his agent. ructlon Ihall be deemed to require a Change in .r drainage system or any other worle n an existing building or lot when such 't.'ned in aCCOrdance with law In elfect S Code, except When any such plumbing rIe regul.ted bY this Code Is determined :y to be In 'act d.ngerous, unsefe, in- nenace to life, heaith or /lrOperty. ty III the Provisions of this Code '.Ils to ,nce, or any Other dangerous or In- involve he.ith or se'ety hazards, the lIall such addition.' plumbing and 'e such rep.,rs or alter.tlons as may Ie Authority. . Xle, or the application thereof to any invelld, the remainder of the Code, or n to other PlII80ns or circumstances, ~ . erence i. made to an 8PP!Indlx, the lOt aPPlY unl_ speclflcally adopted. - _. -"'- o 37 CHAPTER 4 DRAINAGE SYSTEMS SuU- 401-M.t...... (a) Drainage piping shall be cast Iron, g.lvaniZed steel, galvanlzecl wrought Iron, lead. copper, br.... ASS, PVC, extra strangth vitrified cl.y pipe, or other apProved materials h.ving a Smooth and uniform bore, axcaptth.1: (1) No g.w.n/zecl wrought iron or galvaniZed steel pipe Sh.1I be us- ed underground and shall be kept.tleast six (8) Inches (152.4 mm) above ground. Z (2) ASS and PVC DWV Piping installatlOll8 shall be limited to those structures Where COfIIbuatlble construction Is allowact. (3) No vitrlfled clay pipe or fittings shall be USed above ground or I where llressurlZed bY a pump or ejector. They shall be kept atlsut I twelve (12) Inches (.3m) below ground. (b) Drainage fittingS shall be of cast Iron, malleable Iron, lead, braa.. copper, ASS. PVC, vitrified cl.y, or other approved meterials having a Smooth Interior wat_.y of the same dlamater as the pip. Ing served and all auch fittings shall con'orm to the type of pipe Used. (1) Fittings on SCrewed pipe shall be of the recessed drainaga type. Burred ends Shall be resmed to the full bore of the pipe, (2) The threads of drainage fillings Sh.1I be taplled so as to allow one founh (%) Inch per 'oot 120.9 mm/m) grade. SactIon 402-F1xtura Unit Equlv....... The unit equlv.'ent of plumbing fixtures shown In Table 4-1 shall be based on the Size of the trap required, and the unit equivalent 0' fix. tures and devices not Shown In Table 4-1 shall be baSed on the rated diSCharge capacity In gpm (08110118 per minute) (liters per HC:ond) In accordance with Table 4-2. Maximum trap 1000lngs for sizes up to four (4) Inches (101.6 mm, are as follOWS: f l 1 %" . (31.8 mm)-1 unit 1 %" . (38.1 mrn)-3 units 2" . (SO.8 mm)-4 units 3" . (78.2 mrn)-8 units 4" . (101.8 mm)-8 units Exception on self'Hrvlcalaundrles. SactIon 403-SIn of DraInage Piping (a) The minimum SiZes of venical and/or horizontal drainage pip. Ing ahaJl be determined from the total of all fixture unlta connected u..to, and additional, In the case of venlcal drainage plpea, In ac- COrdance with thalr length. (bJ Tabla 4-3 ahows the maximum number of t1xture units allowact - e e e e - - MATRlXADOPTlON OENDIX UCUCUCf..ICUCUCUCUCUCUCUCUCUCU = 1 I I I II I I I II I I I I1111I111I1 I I 11111111111 '1 11111111111 II I I I 1)( I I)()( 1 I 51 11111111111 I I 11111111111 I I )(11)(1111111 II! I )(1)(11111111 I~ I 11111111111 II )( I II 1 I I I I I I I . I I 1)(111111111 I. I )()(Ol I I I I I I I I ~I )(I>C\IIIIIIII II )( L 1)( I )()()( I)()( . . . . .. . . . . . . :. : : : : : : : : : : : . .................. . t""""" oll! .......... .. .. .. .. . .. .. .. .. . 11:' .......... :):) :::::::::: it .......... . .. . . .. .. .. .. .. .. . .. . . .. .. .. .. . . . ... . .. .. .. . .. . III :vg :-;-~ : :1t~ .- .- ..- ______N...... ",...:;;:;; .1 Ii ucucucuc II II , )()( )()( )()( II II )()( )()( :1: : ~~t' ~ ;:);:) . Ii ~ IlIi - .I777"'"-1"fII.~"" . QB o STRUCTURAL ENGINEERS INC. MAilING AD~I!.S: ~.O. BOX 1042. N~RT BEACH. CAU"'ORNIA 8Ze15a-o.Z8 TELEPHONE, C714J 75.,25. "'''X: (7,., 7S.'1571 PRINCIPALS WIWAM H. BLOOM DOUGLAS S. THOMPSON DAVID R. NELSON PAUL G. PITCHER SE 2273 SE 257. SE 2553 SE 2515 1 ASSOCIATE JOHN W. LAWSON SE 3270 August 3, 1990 City of San Bernardino Building & Safety Department 300 N. "D" 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. fD) ~ reJ rn n W7 [~ 1::1 un AU6 0 6 1990 L:0 CiTY O~ .s.:".:.. ':':.;""\"";<:';''. j DEP.:',~rME~-n' c~:; '!'.: ~oJt.iIi~G S: ~;ji:"Ci~JG :;~;'i ~ 1_::; o o AUGUST 13, 1990 '""-' I . , . I I.; " _L.; " '"" ~ <.~ i.J 1 r."7 .--:, ::1 : , .' " ~ ~ ': :.: 'LJ' :...S F.U I" ld .... AUG I 7 1990 CITY OF SAN BERNARDINO CITY CLERK'S OFFICE 300 NORTH D STREET SAN BERNARDINO, CALIFORNIA r.~. ., ,",.~. :~:,"~ :;'[:r:~~Jo\i;,'.i::-';0 (:':.'~~.'.j~l~;~~~~~~~~NG ~ 92401 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 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 along 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 PAGE 3 CITY OF SAN BERNARDINO APPEAL RP90-13 This buildina 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 Engineerina 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 different 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 laughina 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 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, ;' . I:~" .'b~ (. ...,1,'/,.'.,.........4 ~. .- .j, ]t(/:/(/1.1 i . '- f BARBARA L. SKY CONCERNED CITIZEN cc: MARGUERITE P. BATTERSBY, BRUNICK, ALVAREZ & BATTERSBY Mayor and commonc:tuncil Appeal of BBC Decision 276 East Commercial Road Page 2 Agenda 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. 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 horizpntal 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. ~ 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 ~ode approval: however, there were no inspections waived nor were there any inspections left off the reports that would lead the CityJof Saft B8r.Rar~ifto Building Division to believe that the structure was not built in accordance with City approved plans, nor anything that indicates that the ~uilding is unsafe. Although the plans were not approved at the time of construction, the project 1ft (fQeS~iah was done in the same , manner as any oe:er building of this type. The difference.u,"" ~~ift' that the eveloper used private Special Inspectors to ,,1-- do ~ in pections, which are normally done by City Inspectors. Once the city of San aernardino plan checked and approved e plans, the Building Division checked the Special Inspection Reports against the City approved plans to determine if the building was in compliance.