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HomeMy WebLinkAbout43-Planning OITY OF SAN BERNQDINO - REQUEST Fa COUNCIL ACTION From: Larry E. Reed, Director Subject: Request by tenants of shopping center located at the Northeast corner of Highla~d Avenue and Palm Street to issue a conditional Certificate of Occupancy subject to conditions. Dept: Planning & Building Services Da~: November 8, 1990 Synopsis of Previous Council action: None. Recommended motion: 1. Authorize staff to issue a Conditional Building Certificate of Occupancy for the shopping center located at the northeast corner of Highland Avenue and Palm Street for up to one year in order to allow tenants to move into a building that is not complete nor in compliance with City development Codes. 2. Authorize the Mayor to use the appropriate public funds to complete the shop- ping center in the event the owner fails to complete the building in accordance with City's standard conditions and building Code requirements by 12/31/91. 3. In the event the City incurs costs completing the shopping center and the owner fails to reimburse the City, direct the ity Clerk's Office to file a tax lien against the property. F. Signature Contact person: Larry Reed, Director Phone: 5357 Supporting data attached: Staff Report Ward: 4 "....-, {.', ::.~:) rl~ ::::.J FUNDING REQUIREMENTS: Amount: Source: (Acct. No.1 ;',.::1 ,.> (Acct. DescriDtionl Finance: ~'''. Council Notes: ..,"'_n'Jl~? Aaenda Item No. J/~ - -~..."------ . CITY OF SAN BERNjQDINO - REQUEST FA COUNCIL ACTION STAFF REPORT vistar Financial Incorporated, owner of the shopping center located at the northeast corner of Highland and Palm Avenue obtained Planning approval under Review of Plans No. 86-127 on June 11, 1987., construction plans were submitted for plan review for compliance with the City's Building Code on May 2, 1989, and building permits No. 79949 and 79950 were obtained on November 7, 1989. Construction work on the shopping center started in November, 1989. On March 27, 1990, city Building Inspectors observed that the glue laminated beam supporting the covered walkway in front of the shopping center was not pressure treated and weather resistive, as required for exterior exposed beams under section 2511(g) of the City's Building Code. (International Conference of Building Officials [ICBO] Uniform Building Code as adopted by the State of California). The contractor appealed this determination to the Director. After conferring on this matter with the ICBO Headquarters in Whittier California, the director met with the contractor and representatives of vistar. This meeting confirmed the need for exposed glue laminated beams to be pressure treated weather resistive, the beam structurally covered, or propose an alternate method (developed by the design architect engineer) for the purpose of achieving the Code's intent of having a solid structural beam that would not delaminate when exposed to the weather. It was agreed that no stop work notice would be issued based upon the owner's understanding of the nature of the violation and that the beam would be structurally covered or an alternate way of protecting the beam from delaminating would be developed and submitted to the city for approval. , The shopping center has been substantially completed since August, 1990. Foster Freez Restaurant, a separate detached structure was issued a conditional business certificate of occupancy (C of 0) pending completion of the shopping center. vistar has been experiencing financial problems that has not allowed them to complete the shopping center. The architect is no longer providing architectural services to the owner or [ doing tenant infill review. The general contractor has left the job site. This situation has left at least two of the shopping center's tenants in a difficult situation. A real estate office and a pizza restaurant. The real estate office has hired staff, purchased office furniture (now in storage) and is 85% completed with their tenant improvements. The owner apparently does not have the funds to complete the shopping center nor the ability to bond for the shopping center's ultimate completion. ,The tenants have taken on some of the owner's responsibilities (incurred costs) in lieu of payment of rent. The tenants and the city are caught between the owner's financial difficulties and the City's development Codes. 75-0264 . M & CC Staff Repo~ ROP 86-107 November 8, 1990 Page 2 o The tenants cannot obtain a Business License until the owner's obtain a Building C of 0 (the Building Code's ending document indicating the building is in compliance with all the city Ordinances). The city cannot issue the owner a C of o until the shopping center is completed or until the owner has bonded for its completion. The tenants have requested Conditional C of 0 for understanding: the city to issue the owner a one year with the following 1. If the shopping center is not completed, the city should proceed to complete the shopping center using city funds. 2. The cost of work, if the owner does not reimburse the city, can be placed as a lien against the property. OPTIONS: 1. Deny the tenant's request; the shopping center will remain vacant until vistar or its successor in ownership completes the shopping center or bonds for the project's completion in accordance with City's conditions of approval and applicable building Codes. 2. Approve the tenants request; this allows the tenants to complete their tenant spaces and obtain a Conditional C of 0 under the following conditions: a. The owner has one year to complete the shopping center. b. If the shopping center is not completed, the City will have the shopping center completed. c. The cost of completing the shopping center plus a $2,000 administrative fee will be billed to the owner. d. If the bill is not paid within thirty (30) days upon mailing to the owner, the city's bill will be filed as a tax lien against the property to insure the city is reimbursed for the incurred costs for completing the shopping center. M & CC Staff Repo~ ROP 86-107 November 8, 1990 Page 3 o RECOMMENDATION: Approving this request will set a precedent. Never the less, staff requests approval of the tenant's request, authorizing staff to issue a Conditional Certificate of Occupancy with an expiration date of December 31, 1991, subject to conditions 2.a. through 2.d. listed above ~.c/~ Director frotb