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HomeMy WebLinkAbout60-Planning and Buildingl. C I T Y 0 F SAN B ERN A R DIN 0 INTEROFFICE MEMORANDUM TO: Mayor and Common Council FROM: Dennis A. Barlow, Sr. Assistant City Attorney DATE: January 25, 1991 APPEAL OF REVOCATION OF CONDITIONAL DEVELOPMENT PERMIT NO. 198 (Civic Center Motel.) RE: This is a brief response to the legal issues raised by the above appeal. 1. In reference to ground (1) and (3) each of the findings adopted by the Planning Commission find ample support in the record. 2. The due process rights of the Wangs were carefully protected at all steps of the proceedings. 3. As explained to the Wang I s counsel at the Planning Commission hearing, there is no requirement, legal or otherwise, which precludes the City from following two remedies at the same time. The legal issues will be explained in more detail as they arise at the Council meeting. ~ Sr. Assistant City Attorney [DAB/dys/ccapl.mem] EXHIBIT 9 en CITY bF SAN BER~DINO - REQUEST OR COUNCIL ACTION From: Larry E. Reed, Director Planning and Building Services -,~. --, . - ,'SU'bject:"iAPpeal of Revocation of Conditional Development Permit No. 198 (Civic Center Mote 1) Mayor and Common Council Meeting of February 4, 1991, 2:00 p.m. Dept: Date: January 7, 1991 Synopsis of Previous Council action: On December II, 1990, the Plannin9 Commission adopted Findings in support of revocation of Conditional Development Permit No. 198. The vote was. 4 ayes, 1 nay, 1 abstention with 2 absent. Recommended motion: That the hearing be closed; that the appeal be denied; and, that Conditional Development Permit No. 198 be denied based on Findings contained in Exhibit 2. (Supports Staff recommendation and Planning Commission's action.) OR That the hearing be closed; that the appeal be upheld, and, that Conditional Develop- ment Permit No. 198 hot be revoked. (Supports Owner's request.) OR The the hearing be closed, that the appeal be partially upheld; and, that Conditional Development Permit No. 198 not be revoked; but that the followin9 conditions be added. (Note: These additional conditions may be developed by the Mayor and Common Council or referred to staff for preparation.) i I i i i I I Contact person: ~~ E I'Reed Signature Director Larry E. Reed Phone: 384-5057 Supporting data attached: Staff Report Ward: 1 FUNDING REQUIREMENTS: Amount: N/A Source: Finance: Council Notes: ^.............I... 1+.........,. 1\11"\ <DO CITV bF SAN BERARDINO - REQUEST OR COUNCIL ACTION STAFF REPORT subject: Appeal of Revocation of Conditional Development Permit No. 198 Civic Center Motel Mayor and council Meeting of February 4, 1991, 2:00 p.m. REOUEST To overturn the decision for revocation of Conditional Development Permit No. 198 made by the Planning Commission. BACKGROUND Conditional Development Permit (COP) No. 198, for the con- struction and operation of a 50-unit motel at 655 "0" street, was approved by the Mayor and Common Council on May 13, 1960. The approved site plan consisted of 50 units with 51 parking spaces, a perimeter wall, a putting green and a swimming pool. Landscaping was to be provided throughout on the site. After a long history of code violations and criminal acti- vity, the Director of Planning and Building Services initi- ated COP revocation proceedings before the Planning Commis- sion, with the first hearing scheduled for April 3, 1990. (See Exhibit "3" - April 17, 1990 planning Commission staff report). The chronology of subsequent hearings was as follows: ~ April 3, 1990 April 17, 1990 May 8, 1990* May 15, 1990 June 15, 1990 July 24, 1990 August 21, 1990 september 25, 1990 October 9, 1990* October 30, 1990* November 13, 1990* Event/Result hearing April 17, Planning Commission scheduled/Rescheduled to 1990 continued to May 8, 1990 First planning Commission hearing held and continued to May 15, 1990 continued to June 15, 1990 Continued to July 24, 1990 continued to August 21, 1990 continued to september 25, 1990 continued to October 9, 1990 Second planning Commission hearing held and continued to October 30, 1990 Third planning commission hearing held and continued to November 13, 1990 Fourth planning Commission hearing held, motion was adopted to revoke COP No. 198, but the need for the preparation of formal Findings delayed final Planning Commission action until November 20, 1990 ~- .i Appeal of COP NP198 - Civic Center Motel 0 Mayor and Common council Meeting of February 4, 1991 Page 2 December 11, 1990 December 21, 1990 December 11, 1990 Findings adopted for revocation Appeal to Council filed Note: All continuances were agreed to by the owner and the city. The Planning commission minutes of the four hearings on the revocation are attached for review. (These are indicated above by an asterisk next to the appropriate dates, Exhibits "4", "5", "6", and "7"). The statement of Official Planning commission Action (Exhibit "2") contains the formal Findings for the revocation of COP No. 198. The Planning commission voted 4 ayes, 1 nay, 1 abstention, and 1 absent. The owner's legal representative is appealing the Planning Commission's decision based on various legal issues. The city Attorney's Office has pre- pared a response to those issues as contained in Exhibit "9". OPTIONS AVAILABLE TO THE MAYOR AND COUNCIL The Mayor and Council may 1. Deny the appeal and revoke COP No. 198: 2. Partially uphold the appeal and not revoke COP No. 198, but add additional conditions: or, 3. Uphold the appeal and not revoke COP No. 198. RECOMMENDATION staff recommends concurrence with the Planning commission action to revoke COP No. 198. prepared by: John E. Montgomery, AICP Principal Planner For Larry E. Reed, Director Planning and Building Services ~APpeal of COP NOC;>198 - Civic Center Motel c:> Mayor and Common Council Meeting of February 4, 1991 Page 3 " Exhibits: 1 - 2 - 3 - 4 - 5 - 6 - 7 - 8 - 9 - lat SRCOP198 Letter of Appeal to the Mayor and council statement of Official Planning commission Action April 17, 1990 Planning commission Staff Report May 8, 1990 Planning commission Meeting Minutes October 9, 1990 planning commission Meeting Minutes October 30, 1990 Planning commission Meeting Minutes November 13, 1990 planning commission Meeting Minutes Public Hearing Notice city Attorney's Office Response Memo to Legal Issues Raised in Appeal . ~ o o LAW OFFICES E. SOBEL OF COUNSEL FRANK A. ~~~ER-r A LAW CORPORATION" 3460 WILSHIRE BOULEVARD. SUITE 903 LOS ANGELES. CALlFO~!jIA~Ol~6 "':':: \ December 26, 1990 TELEPHONE (213) 384-6964 REFER TO FILE NO. DET.TVERED BY HAND The Honorable Mayor.W.R. Holcomb common Council CITY OF SAN BERNARDINO 300 North "Oil street San Bernardino, CA 92418 Re: Planning commission Revocation of Conditional Development Permit No. 198\Civic Center Motel\665 N. "0" street\owners~ Lei & Cindy wang\Date of Findings and Statement ~ of Decision:December 11. 1990 \~ ;::; _....i ...,., ~" ,,-, c"' Dear Mayor Holcomb: ~ '", -' " I represent the above referenced owners, .., Lei and Cindy Wang("WANG") ~ owners of the civic Center Motel located at 665 N. "0" street, San Bernardino, california. ~ On December 11, 1990, the Planning commission of the city of San Bernardino ("PLANNING COMMISSION") revoked Conditional Development Permit Number 198 which in effect does not allow the wang's to operate the property as a motel. Planning following My Commision's grounds: cliemt's would like ruling of December to 11, appeal the 1990 on the (1). Findings numbered 2, 3, 4 and 5 were incorrect as they were not properly established either by the necessary quantum of proof required nor by the procedural requirements for such a hearing~ (2). There was an violation of the Wang's right to process of law in the manner and conduct of the hearings~ (3). Finding number 5 was clearly established to the contrary by the Wang's since the property was under a "'UI'TnT'T ) -J. o o The Honorable Mayor W.R. Holcomb common Council CITY OF SAN BERNARDINO Re: Conditional Development Permit No. 198\ Appeal of Revocation of Permit on 12/11/90 December 26, 1990 page 2 prior court order to cure any of the alleged conditions supporting the hearing and there was a willing and able buyer who would independently cure such conditions: (4). The commission had no jurisdiction to conduct the hearing since the City of San Bernardino had made a prior election to remedy the alleged conditions by instituting a court proceeding against the property and obtaining a court order to close it prior to instituting the hearing procedure. Council an December 11, The Wang's would be seeking from the City overturning of the Statement of Decision of 1990 and the Findings of December 11, 1990. We appreciate the earliest possible date to have this matter heard as it's urgency cannot be overly emphasized. Sincerely, ~~0--~...:/lJ' - FRANK A. WEISER ATTORNEY AT LAW cc: Lei & cindy Wang Mr. Henry Empeno, Deputy City Attorney , > o . f . 0 c~ty 0 San Bernard~no STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION PROJECT Number: Conditional Development Permit Number 198 Applicant: city of San Bernardino owner: Lei and Cindy Wang Meeting Date: December 11, 1990 x Revoked on November 13, 1990. Findings in support of Revocation. Adopted VOTE Ayes: Nays: Abstain: Absent: Lopez, Lindseth, stone, Clemensen Sharp Cole Corona, Jordan I, hereby, certify that this statement of Official Action accurately reflects the final determination of the Planning c_'".~ the;: z;rn.rd';~ IJ /f'O Signat e Dat4 Larrv E. Reed. Director of Plannina & Buildina Services Name and Title cc: Project Property Owner project Applicant Building Division Engineering Division Case File PCAGENDA: PCACTION EXHIBIT 2 . "' 1 2 3 4 10 11 12 13 14 15 o o BEFORE THE PLANNING COMMISSION OF THE CITY OF SAN BERNARDINO In the matter of the Hearing on the Revocation of ) ) ) ) ) ) ) ) FINDINGS OF FACT AND STATEMENT OF DECISION; NOTICE OF TIME LIMITS FOR APPEAL 5 6 7 8 9 CONDITIONAL DEVELOPMENT PERMIT NO. 198, THE CIVIC CENTER MOTEL, 665 North "D" street, Owners: Lei Wang and Cindy Wang The above-captioned matter concerning the revocation of Conditional Development Permit No. 198 came for public hearing before the Planning Commission of the City of San Bernardino on May 8, October 9, October 30, November 13, and December 11, 1990 at 300 North "D" street, San Bernardino, California 92418, pursuant to San Bernardino Municipal Code Section 19.78.110. Cindy Wang was present and Ms. wang and Lei wang were also represented at various times by attorneys Joshua Kaplan, Andrew Gunn, and Frank Weiser. The Planning and Building Services 16 Department was represented by Deputy City Attorney, Henry Empe~o, 17 Jr. 18 The Planning Commission was advised by Sr. Deputy City Attorney John Wilson and Sr. Assistant City Attorney Dennis 19 20 Barlow. A quorum of the Planning Commission members were present 21 throughout the public hearing. The Planning Commission received 22 23 24 the testimony and documentary evidence offered by the parties, and the cause was submitted for decision. The Planning Commission, based upon the facts, testimony 25 and documentary evidence presented at the public hearing, makes 26 its Findings and Statement of Decision as follows: 27 / / / / 28 1 HE/dys/ccm.fdg December 11, 1990 , ~ o o 1 FINDINGS 2 1. Written notice of the date, time, place, and purpose 3 of the public hearing was served on Lei Wang and Cindy wang, the 4 owners of the Civic Center Motel, by registered mail, postage 5 prepaid, return receipt requested, not less than ten (10) days 6 prior to the date of the public hearing. (San Bernardino 7 Municipal Code Section 19.78.ll0(B)) 8 2. Conditional Development Permit No. 198 has been 9 exercised contrary to the conditions of the permit. 10 (San Bernardino Municipal Code Section 19.78.ll0(A)(2)) 11 3. Conditional Development Permit No. 198 has been 12 exercised in violation of applicable regulations, laws and 13 ordinances. (San Bernardino Municipal Code Section 14 19.78.ll0(A)(2)) 15 4. The use for which Conditional Development Permit No. 16 198 was granted has been exercised so as to be detrimental to the 17 public health and safety and to constitute a nuisance. 18 (San Bernardino Municipal Code Section 19.78.ll0(A)(3)) 19 5. The grounds justifying a revocation of Conditional 20 Development Permit No. 198 cannot be cured or corrected by the 21 imposition of new, additional, or modified conditions. 22 (San Bernardino Municipal Code Section 19.78.ll0(D)) 23 STATEMENT OF DECISION 24 Based upon the facts, testimony, and documentary evidence 25 presented at the public hearing, and based upon the above- 26 mentioned Findings, the planning Commission hereby revokes 27 Conditional Development Permit no. 198, pursuant to 28 2 HE/dys/ccm.fdg December 11, 1990 . . o o 1 San Bernardino Municipal Code Section 19.78.110. 2 NOTICE OF TIME LIMITS FOR APPEAL 3 PLEASE TAKE NOTICE that pursuant to Section 19.78.110(e) 4 and Chapter 2.64 of the San Bernardino Municipal Code, any person 5 aggrieved or affected by the decision of the Planning Commission 6 regarding the revocation of Conditional Development Permit 7 No. 198, may appeal to the Common Council by filing a written 8 notice of appeal with the City Clerk, directed to the Common 9 Council, within fifteen (15) days after the date the Planning 10 Commission adopts these Findings and Statement of Decision. The 11 notice of appeal shall be in writing and shall set forth (a) the 12 specific action appealed from, (b) the specific grounds of 13 appeal, and (c) the relief or action sought from the Common 14 Council. 15 16 17 18 19 20 21 22 / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / 23 / / / / 24 / / / / 25 / / / / 26 / / / / 27 / / / / 28 3 HE/dys/ccm.fdg December 11, 1990 . . o o 1 CONDITIONAL DEVELOPMENT PERMIT NO. 19B, THE CIVIC CENTER MOTEL Revocation Hearing: December 11, 1990 2 3 I HEREBY CERTIFY that the foregoing Findings of Fact and 4 statement of Decision were duly adopted by the Planning 5 6 10 11 12 13 14 15 16 17 ReQular Commission of the City of San Bernardino at a X (ahsent) i- "-\ . \ ,I ...., f \ V. '- ~,. \ - " , I;~ \..:..........'- '-._. ~ \ n, .:\. '. Planning Commission Secretary The foregoing Findings of Fact and stateme~,'of Decision were adopted this 11 th day of 90. meeting thereof, held on the 11th 7 the following vote, to wit: B 9 Commission Members: AYES LOPEZ -L CORONA LINDSETH --L --L STONE COLE SHARP CLEMENSEN J- JORDAN lB 19 20 21 22 23 Approved as to form and legal content: 24 25 JAMES F. PENMAN, City Attorney BY:~) ./ - 26 27 2B HE/dys/ccm.fdg December 11, 1990 , 1990, by day of December NAYS ABSTAIN X (absent) x -L - ./ ..-> /L_~. 4 . CITY OF. SAIOBERNARDINO -onEMORANDUM To Planning' Commission Revocation of Conditional Use Permit No. 198 From Larry E. Reed, Director Planning' and Building' Services April 17, 1990 Subject Date App~ Agenda Item No.1 Om CERTIFIED MAIL NO. P 197475 551 owner: city of San Bernardino 300 North "0" Street San Bernardino, CA 92418 Lei & Cindy Wang' 2132 Almadale Avenue Los Ang'ele., CA 90032 Applicant: Reauest The director of Planning' and Building' Services has initiated this request for the Planning' Commission to consider revoking' Conditional Development Permit (COP) No. 198 under the authority of San Bernardino Municipal Code Section 19.78.110 (A 2 & 3). The COP authorized the operation of a. motel at 655 North "0" street. The motel is known as the Civic Center Motel. Bac::karound on May 3, 1960, Conditional Development Permit No. 198, to construct a 50 unit motel was re~ended for approval by the Planning' cOIIIIIlission. on May 13, 1960. COP. No. 198 was approved by the Mayor and Comaon Council as per the plot plan submitted (See Atta..lI-ent A - letter of approval). City code enforcement activities date back to AUlJUllt 29, 1983. At this time the inspector reco.mended _jor repair to correct the numerous Buildinq and Pire Code violations. A correction Notice was issued and on Sept8llber 7, 1983, a buildinq perait was taken out for coaplete 9eneral repairs. (See Attachment B). In February 1985, the code violations had all been corrected and a Rel.... of Notice of Pendency of Administrative Proc:eedinq was issued. on March 15, 1985, Council~ Robert castaneda sent a ...orandUII to the Police, Fire and Building and Safety Departaants. The.-o indicated that he had received complaints reqardinq. prostitution, dru9S, Fire Code violations, noise, juvenile delinCJuency and littering- in and aroUDC! the civic canter lIotsl. In the.-o 1Ir. castaneda reque.ted a cab1ned effort to abets the aforeaantioned EXHIBIT 3 . " o -- CONDl:Tl:ONAL DEVEIDPMEN'l' PERJaQO. 198 REVOCATl:ON OF , APJu:L 6, 1990 PAGE 2 activities and to cite all quilty parties (See Attachment C). on April 10,'1985 another correction Notice was issued indicatinq nu.erous Buildinq and Fire Code violations (See Attachment D). Many of the violation were corrected. However by August 15, 1985 an inspection revealed several violations had not been corrected. Another correction notice was issued on Auqust 22, 1985 (See Attacbllent E). All violation were corrected by September 3, 1985. on January 30, 1986 another correction Notice was issued. Once' aqain, there were numerous Buildinq and Fire Code violations (See Attachment F). On February 17, 1986 a buildinq permit was issued for qeneral rehabilitation of the motel. On, February 26, 1986, after reinspection, a Correction Notice was issued (see Attachment G). On March 11, 1986, after a third reinspection, a correction Notice was issued for one remaininq code violation (See Attachment H). Two of the six (6) correction notices warned the owners that under the requirements of their business license and certifi- cate of occupancy, they are to maintain the property and structures to the proper Code for their use. The notice went on to indicate that failure to properly maintain the property could result in the closure of the complex and the cancellation of the business license and certificate of occupancy. l:n June of 1986, the County District Attorney filed a civil lawsuit under the red liqht abatement and druq abatement state laws, to close the Civic Center Motel. The court ordered the motel to undertake more strict security measur_. By this time the motel was the site of two lIlurders and 40 arrests, most of them for prostitution and narcotic violations. on February 26, 1990 a Notice of Violation was issued for numerous violations of the Municipal code. on March 14, 1990 a Notice of Appear wes issued after the owners failed to , correct the violations (See Atta..lI-9nt 1:). on March 15, 1990, the city found the building to be danqerous and all persons were ordered to vacate the buildinq. At this time, the owners were notified, of the City'S intent to beqin revocation of COP No. 198 (See Attachment J). on March 23, 1990, . seventh Correction Notice was issued (See Attaob".nt It). REVOCAT:ION OF APlUL 6, 1990 PAGE 3 o - COND:IT:IONAL OEVEIDPMENT PERMI:~O. 198 . An inspection conducted on March 14, 1990 rev_led a total of 95 MUnicipal Code violations includinq: _ 22 counts of exposed wirinq _ 20 counts of .substandard housinq 4 counts of 1Illintaininq a danqerous buildinq _ 51 counts of various housekeepinq violations (walls, carpets, drapes, etc.) 9 units posted as danqerous on . March 26, 1990, a buildinq permit was issued to correct these violations. .~he owners took out the buildinq permit after beinq notified of the City's intent to revoke the COP. Therefore,.they have chosen to assume the risk of havinq the COP revoked after expendinq money to correct the code violations. To date, the owners of the motel are workinq toward correctinq the code violations. On March 26, 1990 the Court issued a temporary restraininq order to close down the motel. :In aid-April, 1990, the City Attorney's Office has a hearinq in court to determine whether the closure will be extended because of the code violations and the red liqht &bat_ent laws. A computer search of all calls for service at the Civic Center Motel has indicated that the police have responded to various calls includinq druq sales and use, prostitution, burqlary and hOllicide 162 times in the last year alone. In addition there were 79 calls for the 600 block of North wOw street, which includes both sides of the streets. lhwiroft'lll_ntal OAtermination Revocations are exempt from the provisions of CEQA under Class 21. Analv.i. The subject site is located on the _st side of wOw street, approximately 191 f_t south of the centerline of 7th St~t and further descril:led as 655 North wDw S~. The General Plan land use desic;naticin is CR-2, commercial Reqional (Downtown) . A motel a a permitted use in this desiqnation upon approval of a conditional Use Permit. Surroundin9 land use consists of vacant fields to the north, COIIII4Jrcial to the south, and professional offices to the ..st and west. The entire ares surroundinq the motel a . . coQI:'1'I:ONAL DEVELOPMEN'l' PERMJ:00. 198 REVOCA'1'I:ON OF APRI:L 6, 1990 PAGE 4 designated CR-2 by the General Plan. '!'be subject .~tel was ljJX'anted a Conditional Developaent Permit in 1960. ('!'be term -conditional Development Permit- was chanqed to -Condi1:ional Use Permit- in 1982). '!'be plot plan approved indicates 50 units with 5.1 parkinq spaces. '!'be site plan that was approved also proposed a putting- qreen and pool. A ten-foot-wide planter area with landacape was proposed alonq -D- street, with nuaerous smaller planter areas provided throuqhout the interior of the site. ('!'be approved plot Plan is available in the planninq Department for review). . currently, and in the past, the site has not been maintained as approved . All of the planter areas are overqrown with weeds or are void of any veqetation. '!'be puttinq qreen no lonqer exists, and the pool is _pty. '!'be pool equip.ent roOlll has been converted without permits, to a kitchen. '!'be office has been converted to an additional unit and one of the units on the second floor was subdivided. A total of 52 units currently exist. A storaqe area was also constructed and part of the perimeter block wall was r_oved behind the structure located at the northwest corner of the site. All of the above described modifications were done without permits. As .indicated in the attached Correction Notices, the Motel has been in a nearly conatant state of disrepair since 1983. Municipal Code Section 19.56.120 (1, 2, 3, 4 and 5) requires that setbacks and parking- lot planters be landscaped and maintained and shall have operative autOlll&tic sprinkler syst__. Section 19.56.300 of the Municipal Code require the off-street parkinq areas to be maintained in a clean and safe condition. '!'be drive aisles and parking- areas currently are not maintained and larqe holes exist in the asphalt. '!'berefore, both of these Municipal Code requir_ents have been violated. Section 19.04.430 defines -aOtels- as a buildinq or qroup of two or aore detached, seai-detached or attached building-s containinq quest rocma or dwell1nq units with autOlllobile .torage .pace.provided in connection there with, which bUild1nq or qroup i. designed, intended or used primarily for the ac~tion of autollObile travel.re, includinq group. designed as auto cabins, aotor courts, aotel. and sillilar d..iqnation. . . o r-\ REVOCATION OF CONDITIONAL DEVELOPMENT PERMi!II'NO. 198 APRIl. 6, 1990 PAGE 5 The Civic center Motel was designed and built for tranaient ue. None of. the units, except the ..naqer's unit were approved with kitchena or kitchenettes. cookinq in the rooms, ia strictly p~ohibited in this particular .ote1. Because the rOOll8were not designed to accOlllllodate cookinq, and the rooaa are equipped with saoke detectors, when cookinq occurs, the aaoke a1aras sound. This sound can be very loud and annoyinq, so the tenants either brake or r..ove the ..oke detectors. Apparently cookinq occurs becaue tenants are residinq at the .ote1 and are not transient visitors. Becau.e the tenants are peraanent residents aany prob1_s occur. There is not adequate storaqe to accOlllllodate the necessities for noraan livinq. Therefore, clothes, food and debris beqin to accumulate and caue fire and health safety' violations. Because the .otel was designed for transient use and is not beinq used as such, the units incur excessive use and abuse. The city's code enforc..ent officer found 7 to 9 tenants residinq in soae roOll8. The Welfare Departaent aakes checks out directly to the .otel for $210.00 per week. Approxiaately 21 units were beinq rented for Welfare recipients or recipients of other state Aid. Coaplaints of criainal activity in and around the .ote1 has been raapant since 1983 and continues to be a aajor prob1.., (See Attachaent L - Declaration of David Stachowski, City Attorney Investiqation). The location of the .ote1 on -D- Street does not lend itself to hiqh visibility and is not located near any ..jor office bui1dinqs. Staff assuaes that the owners have resorted to rentinq the roo.. to 10nq tena residents becaue of the lack of transient tenants in the area. t!onelu.ion The Civic Center Motel has had a 10nq history of probleas coap1yinq with City Cod_. on six separate occasiona datinq back to 1983, the owners have been qiven correction Notices for nuaerou Fire and Buildlnq Code vio1ationa. In aost cases, the ownera, have corrected the Code violationa only to rapeat the .... scenario over aqain. Staff believ_ that at one tille, years aqo, the aote1 ..y have been a succeasfu1 operation. However, over tiae, that. particular area bee... less viable for transient tenants. The owners have therefora relied on peDIlUlent tenants. The aote1 was not duigned or bullt to accOllaO'S&te 10nq-tera residents. '!'benfon, the . - . . 0 A REVOCA'1'I:ON OF CONDI:'1'I:ONAL DEVELOPMEN'l' PERMI:~O. 198 APRI:L to, 1990 PAGE to ao~el bas repea~edly required renova~ion ~o correct the abu.e i~ bas received. 'l'be en~i~l...n~ ~o u.e the property a. a .o~el should be revoked on the qroun4. tha~ the permi~ is beinq exerci.ed conuary ~ the cond"i~ions of the approval in ~~ the .o~el i. no~ beinq used a. llO~el and the approved plo~ plan ba. been no~ified' ~~ the .o~el ba. been in viola~ion of the business licen.e, certifica~e of occupancy, Ci~y requla~ions, laws and ordinance.: and tha~ the .o~el is beinq opera~ed in sucb a manner .0 a. ~o be deu1menul to the public bealth, safety and welfare, and con.titu~e. a nuisance. With the proper approval. or permi u, the buildinq could be reused for another type of commercial use that is permitted in the CR-2 desiqnation. ReCODl1llendation staff recommends that the Planninq Commi.sion revoke Conditional Develop.ent Permit No. 198 qrounds stated above. -:&J . Reed Director of planninq and Buildinq Service. ~~-fJ~ Ann Larson-Perbix Senior Planner /ke A~uc:b1DenU cc: Henry Empano, Depu~y Ciq A~~orney Robert Simaons, Depuq City Attorney David Sucbowski, I:nv_tiqa~ion Andrew Gunn, Attorney a~ Law - Hand Delivered PCAGENDA: CDPNO.198 ~.. . . . " .: :t :~ <. t ; ., ~i .~. :r: ~: '::~ ... ;, .: .~ ... :..: .;i.. ;::. , .. .'. .~, ., , o 0'" May 6. 1960 Tho May. and Coaaon Councl1 Condltional DevalepMnt POI'll1\ No. 198 -- To oZ'oct a ~-Uftl' .tal on tho ...t I1de .f -D- SUo.' bot..on 6th aDd 7th stroots -- Gordon '1.1ds . . Jill j" .: .; , ; .~ ; . .. . ; i ; ~ ,. ... ,. ;.> .~ .. .. o o ., . May 3, 1960 WARD -1 ~ONDITIONAL DEVELOPMENT ~ERMIT NO. 198 -- To erect a ~O-unit motel on the east side. of RDR Street, between 6th and 7th Streets -- Gordon Fields The request is to erect a ~O-unit motel. The filing fee has been paid and the case properly posted. The subject l2~ x 300 foot parcel is proposed to have a ~O-unit motel with ~l parking spaces. The area is all C-4 Central Business District. There is a 10 foot set back from -DR Street for the proposed building. The use appears reasonable. Recommend: Approval of Conditional Development Permit No. 198, as ~er plot plan attached to the case file. . . :.f " , ,if} ~ : : ... .'.:' .\ :~r~ . ''f' . .. ~. . .~ . ~~:; . ., ~ ?": k' ".::' ~ '1.- 3.~ ..... )-::':', ..., .';.. :; .:. .:~:~:~ , .. -.,. :r': ...-' ,: ..~ .~. . t ..it: ':!' ", ;~.. ." '" . ,".; ,:.:.:. .' ~:~ f .. r {"f.i ....~ '=";:" r r -~ " F. :.~ . ~ },.. .....n , ., ..::! '0.' , ,\;" ,"r i ,-. . .~.;..:;. ...... .., ~ o <:) PI.\II:1IH:J c:ag.1ISSI0Il /lCI'IOiI ~tftatIAL MW'......... PIIIIIT 110. 1_ 0' Dated thLD MIl_del' ", --.Mey-----' 19__ -60--- TO TIlE UO:~1l' J: ;;A!OJ III1D cl'X !iDI1 COUllCll., The ~t>tition in tlle ..bo.... """Hatton CM". for h..ulaq.on the ~4 After eon.i~er~tlon of aald d", cf _Me . }')-........ . ., .....,.....- Pot,\Uon it 1. hereby n~~.Jed that nid hUUon btI _........4 Gnd lhat .aid property be cl...."ed fTOa Zone 10. to ~"O'Jlo. . City P1anniaq C...l...lon 1', lift-Fltler,. D.:.TE lJ:rERK}:!l to ~1ll rlllll crx::l311IO:: _ Am PlmED i)/,Tt or IIEAi1Ilt CD'1:J39IOIl iiCtIo:I CllI::J;lCn. terra! 4/l1(6ll 4"'" ..".. .,..,. ~~-_. T.. ..rr-&.... 4>. . - . ~I , oj:....::.... J~/~} ~;- . . '. , .' ~ .... . -.- ..... ~ . ...... :::'\ o o . . crr:Y.OF s4N .BERNARDINO .: .-";:-: .;.....:.~..~./ . .....~..:-. ,. -x;); ........,...,:--:;-,~ .......~..-o~.:... ... '"." "";~ ~...:.:.: .. 3llO NORTH -0'" STREET, $AN BERNARDINO. CALIFORNIA 124IB August 29. 1983 W.R. "'8OB" HOLCOMB ...... ........ fJI.. Comman c.ncu ___A.~.- 1lIIII.........lI'IrIIw.. ............. ........................ .....w... .....-..-........................ ..,..,..... ............................... ..,..rlftW'" ..................;......"........... 1'1.'" ..... D........ .. .. .. .. .. .. .. .. .. .. .. ...... w... ........... .. .. .. .. .. .. .. .. .. .. .. ......'" w... .Re: 655 North D Street San IlernBrdino. CA Motel complex (50 units) . Assessors No: 135 011 16 Report/Project No. 2475 . Jackson Chen c/o Civic Center Motel 655 North D Street San Bernardino;' CA 92401 THIS CORRECTION NOTICE is being directed to your attention as owner of the property listed above.' . An .inspection. by this department. of the structure(s) located thereon revealed . certain building code violations. It is therefore necessal')' that these condition(s) .be repaired in accordance with proper procedures and penaits from this department. Please contact this office within ten (10) calendar days fl"O\ll thiS date to make arrangements to correct those violations indicated in this letter. In addition to this CORRECTION NOTICE. a .Notice of Pendency of Administrative. proceedings. is being filed as to the above property with the County Recorders office to ensure CORRECTION of the violations and give recorded. public notice of pending action by the City on this property. City Building Official Department of Bunding and Safety . by: " .-. . ' Attached hereto and incorporated therein by reference is a list of .SOlllB of the ajor defects of the structure(s) as detemhed by our .inspecj;ion: (.-.cc: . Hong Chen d$ . .. .' ... .'"'" .0.. " . " ," . -'2475 c:> CORRECTION NOTICE Page -2- MAJOR DEFECTS: o 1. Broken doors and windows. 2. UlIDllintained pool. fence . ~ate. 3. Inadequate sanitation. 4. structural hazards~ S. Nuisance. 6. Hazardous wiring. 7. Hazardous. mechanical equipment. 8. Faulty weather protection. 9. Fire hazard. 10. .Faulty materials of construction. 11. . Hazardous and insanitary premises. 12.. Inadequate maintenance. 13. Improper.occupancy ClJIPLEX IN GENERAl: 1. An upper. decks and walk areas need repair. 2. All access .panels: to plumbing need to be replaced. 3. Nllllbers.i ss i ng off doors. 4.. Repair an paved parking areas. 5. Cut bushes back fl"Cllll all windows and access panels and vents. 6. Clean out and cover access openings. .7. -Broken doors and windows. 8. Trash in back by bin. 9. All.outside plugs need weather proof covers. 10. An stoTage roams. clean out and remove an trash and debris. . ll~ Roofs in a state of deterioration. POOL AREA: 1. Pool gates and fencing need repairs. 2. Pipe sticking out of pool deck unsafe condition. 3. Sterage area. remove an junk. trash. and debris. < --;..' ~ . . . . .. _. . .... .r. . . .' .. -. -. ..' "-:" . 055 North 0 Street August 29. 1983 Page -3- , 'SPECIALTY ROOMS: MECHANICAL ROOM: o o 1. Holes in ceiling and walls. 2. No permit to install new water heater. 3. No clIIIIbustion air for water heater rolllll ELECTRICAL PANEL'ROOM: 1. RoOll full of dirt. 2.. Ceiling leaking. 3. Cover missing frCllll timer boxes. GENERAL PROBLEMS. ALL R0CJ4S: All bathrooms are in need of SClllle form of repairs. from replacing missing tiles to clIIIIpletely rebuilding bathroom. OFFICE & APT: No door on shower stall. Apt 11: O.K. Apt 12: Bathrolllll ceiling. front door jamb. Apt 13: O.K. Apt 14: O. K. Apt 15: Bathroom ceiling. Apt 16: O.K. Apt 17: Bathrolllll wall and faucets. Apt IB: O.K. Apt 19: Water leaking through wall. bathroCllll walls. replace front door. Apt 110: Bathrolllll walls Apt 111 through Apt 115: BathroCllll walls. Apt 116: Bathrolllll walls, bugs. bad plugs. Apt 117: BathroCllll ceiling, glass in back door. Apt 118: Bathroom walls. Apt 119:. · Apt 120: O.K. . Apt 121: Bathrolllll walls and door. Apt 122: Glass in shower door. Apt 123: Lights missing. Apt 124: Cat _ss, fire hazard. Apt 125: BathroOll _lls and electrical. Apt 126: O.K. Apt 127: Front door. Apt 128: Front door. Apt 129: Bathr'OClll _l1s and ce111ng. Apt '30:. · " .. - . fi55 North D Street 0 lIugust 29. 1983 .. Page -4- o ., Apt 131: O.K. Apt 132: O.K. Apt 133: Glass in shower door. Apt 134: Glass in, ~hcNer door. Apt 135: O.K. Apt 136: BathroCllll walls.. . Apt 137: BathroClll window. Apt 138: BathroClll window and walls. Apt 139: BathroClll door and windows. Apt 140: Holes in outside walls and in bathroom walls. Apt 141: O. K. Apt 142: BathrOOlll walls. Apt '43: O.K. Apt 144: O.K. Apt 145: BathroCllll walls. Apt 146: Glass in shower door. Apt 147: O. K. Apt 148: O.K. Apt '49: Glass in shower door and bathroDlD walls. Apt '50: BathrGOlll walls and glass in shower door. Deck in front Apt '50 old bedding Ir IIIllttreSS. SEE ATTACHED .F1RE DEPARTMENT REPORT. Failure to respond will result in the filing of a -Notice of NoncClllPltance- of sub- standard rentals to the State -Franchise Tax Board-. Please be advised that if we do not receive properly substantiated infol'lllltion within ten (10) days indicating that these violations have been corrected. we will not be reluctant to take whatever action .1s necessary to guarantee cClllPl1ance with the Ordinance through court proceedings. We would appreciate your cooperation in this IIIlltter. " INSPECTORS REClJt\ENDATIONS: MAJOR REPAIR. ., - ., . <;,ITY OF ~Ah .JeHNAHUINU - 6..U:MUnAI~LlUIVl To JAMES ClARK _ BUILDING INSPECTOR - BUILDING . SAFETY From KEN FRYE FIRE DEPARTMENT Subja CIVIC CENTER MOTEL _ 655 NORTH NDH STREET Date AUGUST 25. 1983 Date Appravad The following violations were observed at the above occupancy: Uniform Fire Code. Section 3.101 - Unlawful continuance. of a fire hazard. (1) Remove all trash. debris. scrap materials and old mattress from all storage areas. and storage rooms. (2) Remove dry. dead palm branches from all palm trees. Uniform Fire Code. Section 10.301 (1) Install "four 2A l08fC fire extinguishers on the south side of the main building. They shall be evenly spaced~ two upstairs and two downstairs. To prevent theft. they shall be placed in metal cabinets with glass breakout covers. (2) Service the existing fire extinguisher by a licensed. certified fire extinguisher company Uniform Fire Code. Section 10.307 (1) Install an approved automatic fire alarm system. Plans shall be submitted to the Fire Departme for approval and shall conform to the standar set forth in Uniform Fire Code. ~Fi'7~pector San Bernardino City Fire Deaprtlllent lCf:rk c.ry .N r"..... , C IOr - OP SAR BBRRA"'IRO IftEROPPICB KBMOlWlDur' 8503-70' . ~a Chief Ben Gonzale., police nepartlUDt Cbief Gerald Revcolllbe, pire Departaent Mr. ~ack ao.ebraugb, Supt., Building' Safety Dept. PROMa Council OffIce, Ward one SUBJBC'la Code ColIPl1ance DAHa Marcb 15, 1985 (6284) COPIISa Mayor and City aAmini.trator ----- ------- J>- . --- We have received continuing complain~ regarding prosti- tute., drugs, fire code violation. (cooking), noi.e, juvenile delinquency, and littering in and around tbe Civic Center Motel, 655 Rortb -D- street. Plea.e _ke an 1IIIIIlediate, max- imum colllbined effort to abate tbe afor...ntioned activities and cite all guilty partie. .. nece..ary. Ple..e respond witb a~tion to be taken. -;FJ"u . IIOBUl A. CAftARBDA Councilun, Pir.t Ward RACajv jl . . . . .-- -- -_.-- --- . . I o o CITY OF SAN BERNARDINO 3llO NORTH '"0'" STREET. SAN BeRNARDINO. CALIFORNIA -" . April 10. 1985 W.R. "BOIN HOLCOMB -- ........... ConuII." C.....I ......A.t.,.. -_......... ........... J8III"". . . . . . . . . . . . . ........w.. ..... J....-*1_ . . . . . . . . . . ."..,. W... __..............._ftw.... __...............,ttllw.... _.._..............._w.... _._...........~w... Re: 655 North D Street San Bernardino. CA Motel complex (50 units) Assessors No: 135 011 16 ReportiProject No. 2475 &4nt.......... JaCkSOn~hen c/o Civic Center Motel 655 North D Street San Bernardino. CA 92401 THIS CORRECTION NOTICE is being directed to your attention as owner of the property. listed abOve. . An inspection. by this department. of the structure(s) located thereon revealed certiin. building and fire code violations. It is therefore necessary that these condition(s) be repaired in accordance with proper procedures and permits from this department. All work is to be performed by qualified persons for each type of repair. Please contact this office within ten (10) calendar days from this date to make arrang8l8ftts to correct those violations indicated in this letter. All work to be cOlllJlleted within 120 days from the date of this letter. City Building Offici.l Departlllent of Building .nd Safety by: s .r ilding Inspector Phone: 714/383 5373 Hours: 7:30 N 8:30.... or 1:00 - 1:30 p... Attached hereto .nd incorporated therein by reference is . list of s.. of the _jor defects of the structure(s) .s detenl'lned by our inspection. cc: Mayor Ho1c:CllIIb City Attorney Council..n Castaneda City AdIIinistr.tor .City Fire Chief Chief of polic:e . tJA(;K.~Un ""IU:~II 6P5 North D Street 0 Page 2 o PREMISES: 1. Pool house has broken windows and trash inside and out. 2. Pool has dirty water and trash in it. 3. Block wall on ncirth side. top row. cOllling off. 4. Center of back east wall has section missing. 5. Old car being dismantled in back. 6. Old car parts laying in back. 7. All paved areas need repair. 8. South side of property has trash. 9. Gate on south side to be closed and locked. 10. In front. on D Street on south side. old battery under bushes. 11. In front, on D Street on south side, unsafe and exposed electrical light fixtures. 12. First floor water heaterroCllll has vent covers on door missing or dllllllged. 13. All walking deck areas need IIIlljor repairs. 14. Roof over car entry has holes in it allowing water to enter enclosed structural areas. 15. First floor storage roOlll, excessive storage and. trash. 16. Second floor electrical panel roCllll has storage in it. 17. Second floor electrical panel roCllll. panel boxes have missing covers with exposed wiring. 18. . Second floor next to stairs, open garbage cans, remove and have tenants place . garbage in trash bins in back. 19. In back and outside of IIIllnager's office. excessive storage, trash and cCllllbustible IIIterial s. 20. Pool equipment has storage on and around it. 21. Missing fire extinguishers. 22. Trash cans under stairs at apartment no. 24 to be removed and have tenants take trash to bins in back. MANAGER'S OFFICE AND APARTMENT: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Broken window in laundry I'OCIII. Unsafe electrical wiring to coke ..chine. Storage in and around water heater. Old ..ttresses in storage area. . Old ..ttresses in upstair in storage. fire hazard. Water damage to south wall of bedl'OClll upstairs. Water damage.to bathroal walls upstairs. Hole in wall upstairs on south wall of bedroom at air conditioning unit. Shower door glass broken upstairs. Holes in walls upstairs. Excessive storage in apartllent downstairs and upstairs. Electrical light and switch notwrking for stairs. ALL APARTMENTS/BASIC DEFICIENCIES: (Most of the apartments have one or IKlre of t.. following items wrong with theal) 1. Missing _ke alanas. 2. Missing tub drain service covers. 3. Broken windows or missing windows in bathrooms. . ~ackson Chen 0 655 North 0 Street Page 3 o 4. Water daIIIge to bathr'OOlll walls and ceilings. 5. Trash or excessive storage. 6. Carpets in an unsanitary condition which may be required to replace. 7. Water daIllage to .walls outside bathroCIIII. 8. Screens missing on back doors. 9. Holes in walls in back of.entry doors. 10. EntrY doors damaged. . 11. Infestation of bugs and cockroaches, may require flllligation. 12. Holes on inside doors. 13. Overloaded electrical circuits in rooms and bathMlCllllS, to be upgraded. 14. Broken shower doors or glass. 15. No cooking in rOCllll5. 16. No refrigerators in rooms for food storage. 17. Bathr'OOlll walls and ceilings are loosing their water proofing, windows are to be left open for venting or power vents are to be installed to help remove steam. No smoke alana, broken light switch. No smoke alarm, broken front door, broken shower door. Over crowded with storage and furniture, no refrigerator allowed for food. storage, broken window in sliding glass door. No smoke alarm. No smoke alann, hole in ceiling in closet. Broken window in bathroom, roCIIII needs clearnng. No smoke alarm. No smoke alarm, hole in wall in back of entry door, broken window in bathrocn. Apt. '9: BathroCIIII. walls deteriorating. Apt. '10: Trash outside of back door. Apt. '11: No smoke alarm, broken wondow in bathrDOll. Apt. '12: Bathr'OOlll walls deteriorating, broken window in bathroom. No a~rtment '13. Apt. '14: No smoke a lann. Apt. '15: Water claalaVe to wall in closet. Apt. '16 & 17 (1 unit): No smoke alann, tub drain service cover l115s1ng, excessive storage. r'OOIII needs cleaning. Apt. '1: Apt. '2: Apt. 13: Apt. '4: .Apt."'5: Apt. '6: Apt. '7: Apt. '8: Apt. '18: Apt. '19: Apt. '20: Apt. '21: Apt. '22: Apt. '23: Apt. '24: Apt. '25: Apt. '26: Apt. '27: Apt. '28: O.K. Bathr'OOlll wall deteriorating. tub drain service cover m15sing. holes in doors. no SIIOke a lann. Needs n.-ber on door. Sh0w8r wall needs tne repaired. shower door broken. No smoke alana. air conditioning unit needs weather stripping around sides. broken window in bathrDCIIII. No smoke alann. bathrDCIIII ceiling deteriorating. bathrocn window broken. Ho smoke alana. bad _lls in roCIIII. Air conditioning unit needs weather stripping around sides. remove newspapers fl'Olll heater. No smoke ala.... No smoke alana. hole in outside deck,. hole in wall back of entry door. tub drain service cover lIissing. No smoke alana. shower door broken. wall deteriorating next to air conditioning unit. hole in wall back of entry door: No smoke alann. entry light not writing. toilet paper fixture lIissing. excessiv storage outside. unsafe electrical plug at air conditioning unit. missing glass' for window in bathroCIIII. . . o,loc,,:.un ..0110 65~ North D Street C Page 4 o Apt. '29: No SIIOke alana, hol. in bathl'OOll door. Apt. '30: Air conditioning nHels weather stripping around sides. hole in bathroOlll door, unsafe electrical switch~ . Apt. '31: No IIIOke ala"., hole in bathroOlll door, tub drain service cover lIissing. Apt. '32: No SIIIOke ala"., tub dra'n service cover lIissing, broken window in bathroOlll. . Apt. '33: Badly infested with bugs, hole in bathroOlll door, unsafe electrical wire. . fr'Olll light fixtur.e em back deck to light on roof. Apt. '34: No SIIIOke alana, hole in wall back of entry door. . Apt. '35: No smoke alana, bathroOll walls deteriorating, air concidioning needs weather stripping on sides, repair decking in back under railing. Apt. '36: No SIIIlke alana, bathroOlD walls deteriorating. . Apt. '37: Broken window in bathroOll, trash on deck. Apt. '38: No smoke alana, back deck surface failing, repair decking in back under railing. Apt. '39: No smoke alann, tub drain service cover missing, hole in wall, hole in _ bathroOlD door. Apt. '40: No smoke alann, broken closet door. Apt. '41: Pass thru door to next apartment has holes, bathroom door broken. bathroom walls deteriorating, unsafe electrical plug (cover lIissing), broken glass in sliding door. .. . Apt. '42: No SIIOke alana, roOIll completely unsanitary, hole in bathroOlll door. Apt..'43: No smoke' alana, air conditioning unit needs weather stripping on.sides. Apt. 144: Broken window, broken window in bathroOlll. Apt. '45: Broken window, broken window in bathroom, excessive trash. Apt. '46: Shower walls deteriorating, hole in bathro_ door. Apt. '47~ Bathroom window lIissing, shower walls deteriorating. Apt. '48: Wall in back of toilet deteriorating. Apt. '49: Broken front window, excessive storage, air conditioning unit needs weather stripping on sides. . -.... .. . JAMES CLARK ~UILOING & SAFETY To Subject o From CIVIC CENTER ~OTEL - 655 NORTH MOM STREET Date MIKEL J. PARK FIRE OEPART'lfENT APRIL 10, 1985 . .. ,. Apprond Oete Notice has been issued on subject facility. with reins~ection for compliance on April 23. 1985. Cooy of notice attached. MIKEL J. PARK . Fire Marshal MJP:rk attachllent C'r'y o. r'..."",. .".!~ ~ o SO"=ETY NOTICE _PIT-- 1M IIIlNMDINO. CAU'OlIIl1A - A F 1M PREVENTION INSPECTION WAS IIAOE OF THE 'REMISES LOCATED AT: x[1A. ADDRESS LISTED BELOW De. THE MAILING ADDRESS II'.a. OIMIITIIDT '7..' 5aS-U.. r CHEN JACKSON 655 NORTH "0" IT"" ....... I , SAN BERNARDINO. CA L-- an I,,&n ........ ....... . ---, CIVIC CENTER MOTEL N155 NORTH NO" STREET - STREET 92401 I"Hrr ...... SAN BERNARDINO. CALIFORNIA &I" ...... ". ...._._ ~ ern ... ~ _--1111 DATE .'ERSuANT TO SAN BERNARDINO MUNICIPAL CODE 15.".020 YOU ARE REOUESTED TO COMPLY . CLEARED WITH THI! FOLLOWING. Upon inspection of your facility known at 655 North "0" Street. Civic Center Hotel. the following conditions exist that need immediate corrections to secure the "ife saf-tov nf vo"" ....-..+.. and property. , '1- Immediatelv and saf-lv r-nlllt:1" .....to 10... +.. ..1..+ha.. "....a.. . . Clean all lint' and' dust that has accumulated behind washer and dryer. .0 2. The smoke detectors b~ r~n111"." 11ft" 4.. in all rooms shall . '. workinG order. Smok~ d-" .~ ..h..11 +.. ..h;' ..a..,,4..._ ... . ments of the Uniform Building Code. Section 1210(a). Also, . the detectors must be State Fire Marshal listed/annroved. 3. The combustibl~ ~~nrlln~ '" toft h. Ir.n+ 4.. . occupied rOOIlS, and kept in neat and orderlv manner. . -Next Page- . "'i. A IIIJNSPECTION WILL IE MADE ON OR AIlOUT ~.J ~ &; ,~' DATE '" OTICE ~ ..~ aY ~./;f v~ ...' TITLEFb.l ~q,JI~"J7r; 1 "0 IDS ,WHITE' C)CCUPllNT . I.t.s: TO CHECK FOR COMPLIANCE. ..,.' ...~~_...... -----... .....-..-- _.__.0_.. ..... -.--.--...... . ...- . o saFETY NOTICE _ PIT _ STIIIIT aM ._D"'D. CALIFlIllIl'& ... 0.. TIC PIIIMISES A ..1111 PREVENTION INSPECTION WAS MADE LOCATEO AT: 0... ADDRESS USTED BELOW Os. THE IlAIUNG AllOIIESS , .... .....,...NT 17..J .as-a.. - CHEN JACKSON Page 2 ---, .- r ....n ."10 1.,811T ...... La,. ..... "' ~ II" .utI ..4 _.... .... [J:JJ II' _ .-rTTT DATE PERSUANT TO SAN BERNAROINO MUNICIPAL CODE 15....020 YOU ARE REQUESTED TO CDMPU' . Q.EAREO WITH THI FOLLOWING. 4. Storage in motel storage rooms need to be kept in a neat and orderlY manner. and accessability oroyided to all areas of storage room. 5. Electrical Panel Rooms shall have not storage of any kind. and a minimum of 3-feet clearance in front of any panel s. will be maintained at all times. 6. All walls and doors shall be properly repaired and/or .replaced when damaged. and brought back to its original construction. . 7. Maintenance of the fire alarm system. and protable extin- guishers shall be maintained in an operative condition at all times. and shall be replaced or repaired where defective. . -Next Page-. . .",... ....... A REINSPECTION WLL BE MAllE ON 011 ABOUT 1/.,1.r . J'.s: TO CHECK I"OIl COMPLIANCE. DATE 01" 'ffICE~ ~~ · --. /J BY ~'7JI.' ...~ TITLE -rL1c. -....vA<1J "..~. . "PO IDS WHITE' occuPllNT ..,., . o rana::. S2=ETY NOTICE ,... DEMIIT...NT 17'.' S.3-.~.. A , IRE PREVENTION INSPECTION WAS MADE 0' THE PREMISES LOCATIO AT: - . 0.. ADORESS LISTED BELOW De. THE MAILING ADDRESS _ PIT _ INUT .... _1'1lO, CAU"",_ - - CHEN JACKSON -, r - Patu, 3 "auf ...... L..y" ".en ........ ". ~ ... .".n IIn 8"'.' -A _,... .- c:r::t:J . --- I DATE PERSUANT TO SAN BERNARDINO MUNICIPAL CODE 15.16.020 YOU ARE REQUESTED TO COMPLY CLEARED WITH THE FOLLOWING. 8. Under the provisions of the Health and Safetv Code. Ser:ti"" 17921.1. cooking shall be prohibited in a motel room. 9. Good housekeepina shall be maintained at 'all timlts- !:D II": minimum. . . to keep the fire load to a . 10. IMMEDIATEL Y. discontinue running electrical wires under carpets in front office. . . W.U.I.. ....111 A REINSPECTION WLL II IWlE ON OR ABOUT. i d '3 . ..,[S TO CHECK FOR COMPLIANCE. DATE OIF /'oy;r ~/lS --.' . /: BY '7_"j~/" -- IAd.-. TITLE~V.A~~ ,po IGS WHITE . OCCI ""lIlT ...,11 &')0....&')0_................... ... . , . '.. ~ .!. I ': '..':". -.. :-:, . .. ~.:.~ ,... ..... - .' : ~~"': :... o o . CITY OF SAN BERNARDINO _NOIITH"D"STREET.SANIEIlNARDlNO.CALlFOllNIAlI24l1 August 22. 1985 -. -- . ....-... . ....lI.... . . ;.::~,. . . ........... ell'" CJ III K. c..-. EVLYN WILCOX -- ........................ ~-- ... .................. .......... .......HenY.n.... ......... .~w.... ........... . . . . . . . . . . . . . ............ ........................ .......... 0....,............ ........ .......w.. _._..........._WoM Re: 655 North D Street - San Bernardino. CA Motel CllIIIPlex (50 units} Assessors No: 135 011 16 Report/Project No. 2475 Jackson Chen c/o Civic Center Motel 655 North D Street San Bernardino. CA-9240l THIS CORRECTION NOTICE is being directed to your attention as owner of the property listed abOve. - An inspection. by this departlllent. of the structurels} located thereon revHled certain building and fire code violations. It is therefore necessary that these condition(s) be repaired in accordance with proper procedures and permits frclll this department. All wrk is to be performed by- qualified persons for each t;ype of repair. Please contact this office within ten (10) calendar days from this date to ..ke arrangements to correct those violations indicated in this letter. All wrk to be cCIIPleted within 120 clays froll the date of this letter. City Building Official Depart:lllent of Building and .... By: J Clark Building Inspector Phone: (714) 383-5373 Hours: 7:30-8:30 a... and 1 :~1:3O p... Attached hereto and incorporated therein by ref.rence is a list of SClllle of the 1II.10r d.fects of the structure(s) u determined. by our inspection. cc: Mayor Wilcox City At~ Council Mellber Estrada Ci~ Administrator Ci~ Fire Chief Chief of Polic. Inspector Cald..... Fire Dept. . Jackson Chen 0 655 NorthD Street Page 2 o PREMISES: 1. Block wall on north side. top row. caming off. (working) 2. All paved areas need repair. . (working) 3. Roof over car entry has holes in it allowing water to enter enclosed structural areas. (working) 4. Unsafe electrical wiring tb coke machine. (working) 5. Screens II1ssing on back doors. 6. Infestation of bugs and cockroaches. may require fUIDigation. (working) 7. Overloaded electrical circuits in roams and bathroams. to ba upgraded. Apt. 13: No SlIIOke alarm. Apt. IS: Hole in bath wall. Apt. 111: No SIDOke alal'll. Apt. 115: No smoke alal'll. Apt. 116 & 17 (1 unit): No SIIIOke alann. tub drain service cover missing. excessive storage. room needs cleaning. Apt. 119: Holes in doors. Apt. 129: No SlIOke alal'll. Apt. 132: Cooking in roam. Apt. 133: Unsafe electrical wire fram light fixture on back deck to li.ght on roof. Apt. 136: Weatherstrip around A/C. . o A'1''1'ACmmN'1' "F" o ~ CITY OF SAN BERNARDINO 3lDNOII'IM"lrSTIIRT.SAN_IlNA11IllNO.CALI-" _'1 EVLYN WILCOX January 30. 1986 ...,., ........~., _ Ca 111 III In eeu-I -_.............-- -_.............._- ............n II............~... ...................... . III........ _..101............. """'- _~_............. ._w.. __...........-"w.. Re: 655 North 0 Street San Bemardino. CA . Motel Complex (50 units) Assessors No: 135 011 16 ReportlProject No. 2475 Lei Wang & Cindy L Wang & XI! Quan & Xiang-Lin Mao 21D-Almadale Avenue Los Angel es. CI 90012 THIS CORRECTION NOTICE is being directed to your attention as owners of- the property listed above. 0 . During a followp inspection by this department of the property and structurels located thereon. revoled certain bunding and fire code violat~ons. It is therefore necess.ry that these condition/s be corrected .nd/or repaired in .ccord.nce with proper procedures .nd permits fT'Oll this departlllent. All lIlOrk is to be perfonned by qu.lified persons for e.ch type of repair. Please contact this office within five (5) calendar d.ys fT'Olll this date to make .rranglllllllts to correct those viol.tions indic.ted in this letter. All work is to be clllllPleted within two (Z) weeks frolll the d.te of this letter. City Building Offici.l L~ding .nd Safety ~.rk Building Inspector Phone: 714/383 5373 Hours: 7:30-8:30.... or 1:00-1:30 p... Attached heretO and incorporated therein by reference is . list of SOIII of the lIIjor defects of the structurels .s detenl1ned by our inspection. 01 . _. . Lei, Wang. et al . January 30. 1986 Page 2 PREMISES: Pool full of df~ green water. Pool gate broken and not locked. Pool pump area fflled wftb excessfve storage. Pool roOlll is being unci for storage. . Blue and bro... pick up trucks abandoned. Barbed wfre on toP of walls to be removed. Fire extinguisbers mtssfng. . Stairs-hand rails need addftfonal railing. Pfpe sticking out of slab fn front of apartment '20. o o MANAGERS OFFICE AND APARTMENT: Air conditfoning unit through fire wall - remove and repair wall. Smoke alarm not lIlOrking. Storage in beclroOlllS upstairs. No smoke alarms for upstairs. Excessive exposed wiring in apartment frOlll video hookup. ALL APARTMENTS/BASIC DEFICIENCIES: Apt 11: Smoke aiarm missing Apt '2: O.K." .. Apt 13: Smoke ala"! missing. Apt 14: Smoke alarm workfng/hole in wall at front door. Apt '5: Shower ceiling deteriorating. Apt 16: Cooking/smoke alarm not lIlOrkfng. Apt '7: Cooking/smoke alarm.missfng/apartment needs house cleaning. Apt 18: Smoke alarm not lIlOrkfng/hole in wall at front door. Apt '9: Smoke alarm missing/broken window. Apt 110: Cooking/smoke alarm not lIlOrkfng/hole in wall at front door. Apt ',1: Bathroaa walls and ceilfng deteriorating. Apt ,,2: Cooking/dogs/excessive storage/bathroom ceiling deteriorating/smoke alarm not working. Apt ',3: No Apt. Apt ,,4: Hole in wall at front door. Apt 115: O.K. Apt ',6: Smoke alarm .issing. Apt 117: SlIoke alarm not lIlOrking. Apt ',8: SiKlIca alal'll .issing. Apt 119: Fire in wall plug/front door needS repairs. Apt '20: Cooking/SIIIOke alal'll not working. Apt '21: Wir1ngto air conditioning unit unsafe. Apt ,ZZ: Bathroom walls deteriorating. Apt '23: Broken window/smoke alarm not working/bathroOll wall deteriorating. Apt '24: SiKlke alal'll not working. Apt '25: . O. K. Apt '26: Cooking/smoke alarm missing/hol. in wall at front door. Apt '27: Cooking/dog/smoke alal'll .issing/hol. in wall at front door. Apt fZ8: Cooking/smoke" alii'll not working. Apt '29: Cook1ng/Smokl 1111'11 .issing. Apt '30: Cooking/smok. 1111'11 .issing/hol. in wall at front'door. Apt '31: Door on closet missing/SIIIOkI alii'll not working. ~i Wang._ et al January 30. 1986 Page 3 o - o -, Apt 132: Sallee alanll not lIIOrking/tub leaking. Apt 133: Cooking/SlDIee ala,.. not working. Apt 134: Cooking/water leaking in sinklSllOke alana not lIIOrking. Apt 135: Hol. in wall at front door. Apt 136: COoking/SlIOke alana not lIIOrking. Apt 137: COoking/SlIOIee ala". missing. Apt 138: Cooking/SlIOIee alana missing/bathroCllll .55 Apt 139: Smolee alam not lIIOrUng. Apt 140: COoking/SlIOIee alar'lll not working. Apt 141: SIok. alam missing/bathroCllll walls deteriorating. Apt 142: Smoke ..lam not working. Apt 142: Cooking/door missing on closet. Apt 144: Cooking/broken windows/toilet running/excessive storage. Apt 145: Smoke alana not lIIOrking. . Apt 146: - Broleen windows/SlIIOke alarm not lIIOrking. Apt 147: Cooking/SlIOke ala,.. not working. Apt 148: O.K. Apt 149: Smoke alarm not working/air conditioning unit not weather stripped. Apt 150: No smoke alarm. In addition to the above listed items. many of the apartments which have had their air conditioning units replaced. were replaced with smaller units than the originals and are not properly weather stripped. .. Although each bathro~ has a window. it is not being used to allow the moisture and steam out fl"Olll showers and baths. It is recommended that bathroom exhaust fans be installed to stop any further deterioration to walls and ceilings in all ba throOlllS. Since the pool is no longer being used. it is again recOlllllllnded that the pool be filled with sand or completely removed. Your business license and certificate of occupancy are for a motel use only and not for full ti_ living or cooking type of apartlllents. These violations and probleils have been an on going itell sinee 1982. It appears that the owners try and correct the probl-.s but only t..porarily. \)Ider the requireaents of your business license and certificate of occupancy. you are to ..intain the property .and structure/s to the proper code for their us.. Failure to properly ..intain sllch. could result in the closure of the clllDplex and the cancellation of your busin.ss lic.ns. and certificate of occupancy. Unl.ss you c...-nc. illlllediately and within the ti_ frame given, to correct and lIIintain tile above listed itllllS, further legal action may result. We ~ld appreciate your cooperation-in this matter. If you have any questions, pl.ase do not hesita~e to call. cc: Mayor Wil cox City Attorney City Administrator City Fire Chi.f Chief of Police CouncilWOllln Estrada . C~TY OF SAb BERNARDINO - OMEMUHANUUM . Subj.cc erne ........._ MOTEL - 655 NORm "D" S'rlD'f . From FUD LADS DIte JAlIUAU 30. 1986 To JAIIBS cun - BUILDDlG . SAR'l!' DEl'ADKERt AppnMcI D.te , .. pc ~~ ~aqIlUt, tia fo1.lclriAl clUc~epuc1.. are DOtl4 wb1ch war. foUSlll OIl the fAapeCt:loll cOIl4lIctl4 OIl Juuary 29, 1986, at lIUbject locatiOll: 1. Bat platel are beiDa _14 &y two o~ IIO~' peopl.. ,'!:bey an placed. m- _ cllac~~tely SA the R_..adU. a bum to tbe OCCUpatl. Bealtb' Saf.ty.eocl..17921.1'c,'cl;.. 2. Ther. are 110 ItO~'" cabSAetI fo~ foocl o~ cl1lh... Bealth' Saf.ty Cocl. 17921 i . 3. 'lIIe ~iDa pool ar_ 11 UIIAC1aecl, ad cOIltaml stqD&ta vatar. 4. SIYarel 1IIli.tl COIltaml4 _ CNU abo....I."e. of coabultibl.. vII1ch m ., opmiOll 11 c~_tiDa a Un hum. 5. Hally of the \IIl1ts aed. _ka cl.t'CtO~1 mstel1l4, o~ ~epaul4. It 11 ., opmiOll that thU llatel 11 beeo-."I obsol.t. due to lack of aaiD- t_', ad cou1cllu4 to au:llnW coulI(l&cc", nJ~~ CI.,,,, ON .,.. ---..... . o o \ CITY OF SAN BERNARDINO _NOIlTH"lT'mUT.SAN_IINAIIOINO.c.wFOllN1A ~1I EVLYN WILCOX FetlI:'UBI:Y 26, 1986 May.. lal 655 Nccth D SL.....6t S8D~, CA Hotel ~,- (50 units) Aa..T........ NoI 135 OU 16 ~L/PrOjec:t No. 2475 2nd~, Feb. 25, 1986 .....l1MlIl.. ,..~ ceuMlI -_............. ~-- -_............. .-...- ..............- frr...........T1U...... s..................... .~........w... .......Qu................ ~lftftW'" 0................ 0"..... .SI........ .a.ck .t,..... . . . . . . . . . . . .......... w... Lei Wang , cm1y L Wang , XU Quell , XiaDg-IJn MIlO 2132 AlmIIlml.e Avenue x.o. Angeles, CA 90012 'DiIS UJ!UCIlI-~""" tmICE a being ~ to 'yr:Mr ~ fill CllIIWrS of tba ~ listed abcIv8." During a foJ,lQwup inaplic:t1co by t!Us ~I;.....t of tba 'prcpeJ:tY - lI't:%'UCtI:8/a ~ ~, W\--,..... cctaiD ....~ ".4"9 _ f1l:a cada v1olat"i""lll. It a ~ lWCrW"Y that tbue <X7""4til:lft/a be ........_tC alar ~ in ...........:4- lIDC8 with i"'.....c ~o .......... _ pm:mita fraD t!Us ~L-&.t. AU 1IICIrk :UI to be ~........4 by ~iC ~ac:ila far each type of repW:. AU 1IICIrk :UI to be ~,.ted within bIO (2) -.lea fraD tba date of t!Us letter. City ...41..4..g Off.icial ~ Cfl3;n"4~ safety J.- Clark . ....,...,,"9 ~ l'blxlal 714/383 5373 Itlm:SI 7130-8130 a.m. ar 1100-1130 p.m. Att~ bemtO _ >>-_",1Ad tbaniD by ~ :UI a u..t of SCIIl8 of the JlBjar defects of tba stxUCtUI:'e/a .. ~...M_ by our i.Dapecticn. . , Lej, wang, at al O. ~25, 1986 P8ga 2 - o PREMISES. Pool P\Dp _ fn,... with _ --1w st..... ~. BEbed wn. CD top of -u. to be .._...s. sta.:i.;J:'8-~ DM4 e:I4i~"f'W'Ul1 P"'''"g- . MNWZRS OFFICE AND APARJ!oIEN'l'. Saoka almm DOt warJdng. . !b saJca .,...... far~. ALL APARlMENl'S/BASIC OInCIEH:J:ES. Apt 13. Saoka almm miuing. Apt .5. ""-1r~;1 i~ deteriarating. Apt Ill. BathI:caII-u. _ ~;H"9 deteri.oz:a'ting. Cooldng Apt 119. rue .in wl.l p1ug/frODt daar Deeds :epe1n. Apt 123. BathI:caII wl.l da1:ciarIIt.ing. · Apt 1t41. BathI:caII walla deteriarat.ing. Apt 1t43. COoIc.ing Apt 1t44. CooIdng/brOlCllD wiD:IawII/toilat runn.ing/ClCf li1l8 starlIge. Apt 1t49. Air CIOIIditicning unit not _at"""'" stripped. In e:l4itiOD to the above lisUd it..., DIlDY of the _~ whicb baV8 Md tb8jr air CIOIIdit;...i"9 units mp'''-, __ rep7-- with -uer units than the arig:i-'. lIIll1 are DOt ...........-rly wat!lar stripped. Alt-JI3b eecb bathroan Ms . w1D:Iow, it ~ not being UMd to alJ.clw the am.t- 1:8 lIIll1 IItelD out frcIlI lIboliES lIIll1 batha. It ~ ~"....,...... tbIIt blIl:broaD --t f_ be imtaJ.led to atop f!IllY f1:Irtbar daterial:at1OD to walla - ceil- in~ .in all bathz:oanI. tl1der the ~ of JQ: ~:lr--- 11- lIIll1 0E'tif.icate of ~l"""'CY, yea are to aa.intain the ...._Lz _ at:I:UCtUI:a/. to the ....~ c:cda far thai: u.. Fai.ll:e to ~~ly JIII.inta.in 8UCh ccW4 n8U1.t .in the ~ of the ~,_ lIIll1 the car-,,_itWI of JQ: ~;---. H_ lIIll1 OE'tificate of occu- pmlCY. . we 1ICUld _r"i-. yr:Nr cc~..d.Jca .in thi8 1IBttC. If yea baVlI f!IllY ~icIn8, p'--- do DOt bHitate to call. eel MIlJCIC Vol',.,.,. City At.........y City~ City n:c. au..f au..f of P'cI11ca ~,- EatrIlda . o o , CITY OF SAN BERNARDINO 3DONClIlTH "O"'STllEEUAN IIIlNAllOlNO.CAUFOIlNIA 12411 . EVLYN WILCOX .... HEcb 11, 1986 RI. 655 M:th -D- Stmet S8Il~, CA MotaJ. t'~1_ (SO tJa1ts) ....'HI_. No. 135 011 16 ........ L/P%Oject No. 2475 3m~, MIa:ch 11, 1986 ........ .,.. cemM'" c:euMII ..--............. -- --"'.............._- ........... _.... . . . . . . . . . . . TIMrtI..,. ........................ ..........w.... Cl.-Qu................ tl'lftIIW... _...... ........... ..._w_ __..........._w_ Lei WaDg , Cindy L Wang . ~ Ja1 ~ ,- Xian9-IJn MIlo 2132 A1IIB!ale Awnue Loll ~1.., CA 90012 THIS ~.&:J.~ N:I1'ICE is being d1nc:ted to ~ IIl:'teDticD as CIlIIDe:t1I of tbe property listed abova. Durmg II fo~ inspection by ~ d..-t.-d. It tba i"'_Lz mil! structuz:a/s locIlt:ecl thEwm. ~--1'" osi:taiD ....H..~"I4jJ mil! fin COlia vi.ol.ati.cIls. It is ttIm:8fara -sary that tbue CXlIIditica/s be __1:eC! mIl!/ar ~ in ........4- ance w1tb i"'_ i'" .......... mil! pc:mits frail ~ ~t.....t.. AU 1IlEk is to be perfcml8d by cr_H~~'" ~:ICXl8 far -= type of mpair. AU 1IlEk is to be c:a1pletsd within ttG (2) -a fz:an tbe date of ~ letter. C1t:y .....,"'..WOV Off",.....' :g:;~/".'9 ...... "- Clark III'" , "'''"'''9 T"',..a..("tQr P!xlna. 714/383 5373 . HoI:s. 7.30-8.30 &.IL ar 1.00-1.30 p.m. Att-- bm:eto mil! .i.-_.at.d t:bEeiD by ~ is II list of _ of tba _jar ciefects of tba ~/s as det..'nl- by oar 1IIspecti.oD. . . Lei Wllng. at al. 0 MEcIlll. 1986 hge 2 ALL APAlmlENl'SJUSIC P1t~1 o . . Apt 1441 OOOIdnsrl"" -y<lw .1.--.,6. In ~tia1 to tt. ~ l1a1:8lS ~. IlIIDY of tba _t-4ts whid1!1aw M1 thair air ~..Hp<l...<I~ ua1ts "p'''-. WW ~,-- with ..-"'" ua1t. tblm tba ~ 8D4 ... ~ .properly -~ stripped. ,., p_q. eadl bIIttmxID ... a w1Dklw. it is DOt be1ng 1.-d to aJ.law the 1IDist- 1.:. 8D4 ~ out !mD stIClIl In 8D4 batm.. It is r-...- ...... tbat bIIttmxID _wi: f_ be iD8taJ.ler1 to lItop aayfurtbBr ~ of WIlla 8D4 oail- iDgII in all ba1:bI:'ocIS. We woW.d _ .-1- yr>>r c:ccperaticD in this 1IIltter. If you have my questic:las. p'-- do DOt t.sitate to call. .-- CCI Mayor Wi1.cxIx City Attamey City ~ar City Fin 0Uef 0Uef of Pollca ~~"'~ Ea1:rIIda . -. -_.. --..........""'........11.11. ~I.'. coo. INI'Clllc.MEvr IIMIION ftSB NO ).J I) 2 61 ' MOnCE TO AF'PEAIW* L. "~/1~~9()1::~~ w-;.- I 1&;00- ..............-...~ ""'~~ C~~L ~,;.,,./ ~ . ,..~ ,,-,J::::* ~~ .J,. ..~.. grr - ,. " , '"---- IOLAnoNISI SECTION I." U..._ eo. ~ u'l!~m........... -,~-- ~1II.f!. /.)'"::Zif,vvu P~~_r'l A1~J~;T tf:::~..( 1~~_)1~~~3'~~ ;~< _f;(I~j_J;.----/_1'/ (?hUhh;';" itJ-z.. ~- -- AT . UJ1l.f1 ='~ ~. C/O ~~ JlitU.....~.. S.6/11.(. 7 -"lID a'- l;1Lt5'/rIk. .s..8 /I). !~. I'S ~ /"J/?J 1)p"1'r%)..Il~" ~~AH2:lLr7~,t~~~~o (/.II;-,n y .:,/q,,"~ :iJ/~~. ~~ ~ ~::; ~~lIrs. DJ- ~f,.__~_.__.._ ( 1____ - DO NOT ACCEPT BAIL ~AI /)" . -~"z1JZ~ . ("~ '''''lJZ . () j i~ t.. \110,)1.....''''''' .."~III"'~ I "__\0 ,;ACAfIOlrrtOA:.. I . WITHOUT AOMlmNG GUll T. ~PRO"ISE TO A"EAR AT THE TIME ':0 P.lACE CHEClCED 'El~ II _ \:1"".""... ~~. BEFORE A OR A - OF THE IAUNIClPAl COURT :-:-JlItToQ:llkOG z'.;;-.oo- :""~A:..I .t......~ ~. - ql) ... .:....f~..... _.'-t *.- f:lol"QIII~1'1 .~ I lJJ ~.;J I i,.. ~tj. .. ;". .r ,_ ..., ...... De :r.........,.,... ) SAFETY o :EKEN'1' ?Oll'r CITATION NO. SIGNED Zone: ~()TIC~TY~!,~~TIO'lt(;o" IUILD1I11l1 MD _ITYDIPNITM~ ~'84 ...4 V" CDDIIIVClfICIIIINT DIYI_ .... ~ -, . .. NClImt "D" '"'lit -' IAN llMAIIDINO. CA 1M" pate: ..2- ~b - 90 , , La II "I ,.,.. . I ,./" I' ..~. J. -ca -on: ~'2.2...!Y _ z., Tenant I r;/ iZ. c.( "( {:j D Addu...: (p ~~ AI' "7)" 51- Owner: I t::r J .1/ rls/) \ J I f fa 119 , AddIu," ..2/3 :1 41 MA Il .. I~ .4 1/ , ,(os. HM'fe/~S J c.,:;.. 9co1.3 YOU ARE HEREBY NOTIFIED OF THE FOLLOWING VIOLATIONS OF THE SAN BERNARDINO MUNICIPAL CODE c;..,,{",Lt.. J !=-rh,;J:.ll'''O ll.JJi--/.u1... ~ aI J:::-j/') \ ~~h:~~ /~ / ~ ~ ~?-~ ;~~:J::Z::5;~~. 111 . " ..~~ ,1' /.. z,'" Jic."j .,v.w,'~ "..,..7;.,;/, _ .x,y,u,o ;:V'Y /I./;....d~hl -Ii '~",""<7;" \~...,,- 19 P,zvJUd. ~~'61? W1~! /~~ 0:(' b:;p:' '/ Thisvlolallonmuatbecorrededby 1l1tl1tP. 9. /79,) . Falhlretocorrect thla violation may I'HUIt In co... being Incurred orthla matter being referrecI.to the CITY ATTORNEY'S OFFICE for appropriate action. PIea8e nottiy the Code ComplIance 0fIIcer when the correction is made. If you have any questions, pIeaIe call the Code Enforcement DIvision (714) 384-5205. NOTES: MAI..':/ "~~4 k ,'J.(~...I- 6~~4/";;.-'-;,;;;-t,( ..:; ,'~~~~l. ~ I ,,~.#..u" )< 2"" ct. . /:']'14l{,/ .l /1 /Lf"u o..tT~-i .- ~,~~ ~Mn_tJr ..~..... may lit punIahed by a line of up to $500 or by ImprIaorunent In ;ounty JaIl for. period of .lIIOI..... or by both line and Imprl8Ol1mant. .atora may be paraonaIly liable for d colla of ......... . .. c,c- . .-....- .' , : ... ". '''" \ . .) "G'~:-;- '. 0 o. ~:\. --... . - ''';..,:-..'. "'-. -,. .. . ,1-/ -:"- ..... '::-. ,._"" .::. C I"' yO' 1-,.:....... ....-.,.- \.~1~~~. '~::' ~: ~an ]::t -rnardl'n' 0 v ~:...-;:' ../ U'C .......: .--:". .....,..., 0' ......... .... I.'LO'.. ".WIC.. LARR y E = I III leT 0 . R E E D. M.rch 15, 1990 Lei .nd cindy w.ng 2132 Almad.l. Av.nu. Lo. Ang.l.., CA 90023 R.: 655 North "0" str..t Dear Lei and Cindy wang: Pl.as. b. advis.d th.t, tion w.s mad. at 655 North listed as being the owner of on March 14, "0" stre.t, record. 1990, .n inv.stig.- of which you .r. It was found to be a d.ng.rou. building .. d.fined in S.n Bern.rdino Municipal Cod. S.ction 15.28.150.. Thus the own.r(s), l.s..(s) .nd/or oth.r such person. .r. ord.r.d to vacate the building. Th. building must r.main v.c.nt until the prop.r p.rmits .r. obtained .nd the structur. is brought up to Building Cod. st.ndards. In .ddition, the City will b. starting proc.dur.s for r.voking Conditional U.. p.rmit (CUP) 1960-198 for your .ot.l op.r.tion .t 655 North "0" Str..t. St.ff will ..nd you additional information und.r s.par.t. cov.r. If you h.v. .ny qu.stions r.g.rding this, pl.... fe.l free to cont.ct my offic. .t 384-5205. Sinc.r.1Y4 4~~ Larry E. R.ed, Dir.ctor Department of planning . .nd Building S.rvic.. DUlLER: nhIII cc: . a.O ..OIllT" O. ".IIT. I.N .......OINO. C A L I '.0 . III I A . I . . . .. o. ole' t .) .1....' t "" 7 . o , , ."........ .....,.,. ......,..., March 23. 1990 Re: 655 North D St. San Bernardino. CA Dangerous Motel Assessors No: 135 011 16 Report/Project No. 2475 Lej & Cindy Wang 2132 Almadale Avenue Los Angeles. CA 90023 THIS CORRECTION NOTICE is hereby served on you as owner(s) of the property referred to above. An inspection. by this department. of the structure(s) located thereon revealed certain building code violations. It is necessary that these conditions be corrected in accordance with the proper procedures and wi th valid pennits from this department. . Please contact this office within ten (10) calendar days from the date of this notice to make arrangements to correct those violations indicated in this letter. In addition to the CORRECTION NOTICE. a .Notice of .Pendency of Admin- istrative Proceedings. regarding the above property is being filed with the County Recorder's Office to give public notice of pending action by the City on this property. Director/Building Official . Department of Building and Safety by: Jo'''~I~ L! ~~ ~ce Officer Phone:. 714/384 5205 Attached hereto and incorporated herein by reference is a list of the lIIIjor defects found in the structure(s) by our inspection. oJ': -.;0.-. ~ '-.11- ,,,.. .......: -.';. . . . .. a eo ~ ,.: & . t .... , . . , I . . .. . . , , .:'.::i:! .-, .- ~... .t . .:\. .0 .....~.,., ^ CITY 01' SAJI BEJUWtDIlIO tIIl'.AJmIElI'f 01' BUI1.DIlIG. AlID SO~ 300 NOll'rB -D- sTJtZZT SAJI BV'IfAJIPDlO, c:A 92411 CODE EIII'OR~ DIVISION UNIT IlIsnCUON UJIOR'1' n. auilcSinv ancS Saf.ty Departa.nt has i~P.ct.cS the cS.scribecS _ propertY. '1'h. ~,.ction r.v.alecS that the it... ..r)CecS cSo not confora .. to the provisio~ of the San aernareSino Municipal Co4. (SBMC). u.a- ..rltecS vi th a DOUBLE c:HE~ .aust ),e repairecS or con.ctecS vi ~in ~ cS&ys. U",,~ it... ..t ),e r.pairecS of _ cRn.CUd - 'd-thJ.n e::;, cSays. "unITS UQUIJtZD ", YES NO~' ~ p.raiU are requir.d to rep.i.r or correct ..ny of the it.... For a consultation revarcSinv this report, ..si.tance in s.CIU'inv a perait, or .checSulinv a reinsp.cti.on. pl.... call th. offic. and schecSul. your requ.st .vith ~. in.pector vho.e nail. .pp..r. on this report. OFnCE BOUJtS AU BE'l'WEElI 7:30-8:30 a.a. AND 3:30";4:30 p.a.MONDAY THROUGH FRIDAY - PHONE NO. (714) 384-5205 ~' i- .'11 . LOCATION ASSESSOR'S NO. TYPE/BLDG VIOLATION DATE PREP~ ~/' .,1 7 2. 3. f}If../ 4. 5. 6. 7. ~./.. . I. t. 10. _ 11. ", 12 . t/'" 13. 714. 15. \ , I ~.....,. :.. :~~;~U~~Ol--(A.\ D~"! Y'rYOM Lac)C of or impropar v.ter clo.et, lavatory, !)athtub or .bover in cSvellinq. UBC 1205 Lac)C of or improper )Citchen .inIC or drai~oarcS in cSvall- inq. USC 1205 tac)C of hot and cold runninq vater in cSv.llinq. use 1205 tac)C of acSequata'h.atinq facilitie.. use 1211, ORC 701 tac)C of or iaproper operation of requirecS vantilatinq equipment. use 1205, ORC 504 tac)C of ainima gount. of natural liqht and v.ntila- tion. UBC 1205, WC 504 . ReOll and .pace cSime~ion. le.. than r.quiracS !)y co4.. UBC 1207, ORC 503 . Lac)C of raquirecS el.ctrical liqbtinq. NZC 210-70 . oaapn.ss of huitul. rooa. use 104 (d) , UBC 1707 Inf.station of i~.cts, v.rmin or ro4.nts. ORC 1001(B) Gen.ral cSilapicS&tion or imProper ..intenanc.. UBC 104 (cS) Lac)C of conn.ct1.on_1OO r.quirU _.vav. dispo.al syst... Upe: 1101 ~'P'a OA/,n- &;r . Lac)C of ..intenance of ,s.ptic syst-. UP<: 31t Lac)C of acSequate Varbav. and rubbish .-tOrav. ancS r..oval faciliti... SBMC 1.21.040 ~1'f4" . lna4.qII&te housekeePiD9 ~ trash, Varbave,. etc. SBMC 1.18.010 ' .. f'l'RU......ml1L 1O.~a..ns time, .......SC'1'O. SIGJIA'l'OU - ''!''" - . .. ;"C'..w--.... - . ,,- ..~ . --- .. a~. acio by . a~. a pa~ 0 Ienucl1no Municipal COlle ,SMC 15.04.020). 'fIlII DIRC'nOll IIZJIOJl'l WAI GIVD TO. . .' , . L- A p~opefty 0VIl.~ . . . ....- C t.DI"~ D by bud dellv.Z'Y I nplu ..11 y r oeztitied ..il , March 23 l' 90 - ~/ . 1. " 2. 3. 4. 5. _. 7. I. ,. 10. 11. LI.: 1. on ope~ vacant. SMC 15.21.140 ',-1.17, ~'t '1~""" .tnctur.. SMC 15-" 240, UBC See. 203 aro doo~. and vinclOVa. SIlIIC "'ll.140, VPC 12.101 UJIOR1' JfO. %11e9&1 aclcl1t1on (bOOUeq) UBC See. 301, ORC 301 ~......u vut:bezo p~t1on (not leaJca, etc.) VIe 203, U8C 2501 %aacl....t. foundation. UBC 'fule 2'1.. UBC 2'07 .a99189 t1oo_. UBC 203, UBC 2501 Inadequate _t-p~f1"". UBC SEC. 3205,251& ChJilney .tructure unaound. UIe Sec. 3703, 3704 T.naUe d"'"., UIe 203, UBC 104 Structural 1nt~ity que.tionu.l.. UBC 203 PTnM1InlC (UPCI CH.c;./( ovT Wat.~ heate~ ille"ally in.talled in bath o~ bed~ooa. UPC 130' Wat.~ h.at.~ ha. no 'f' P valve o~..ei..ic tie down.. UPC 1007. ONC 504 I.eaJc1n"/bnlt.n;plu",,ed ..v.~ clnin.. UPC 31' I.eaJcin" anci/o~ I:Irolten pipe.. UPC 31' Cro.. cOMected plullbi"". UPC 1002 YareS .prinkler. au.t bav. vacuan br.aa. UPC 1003 (h) M!:~YeAL (UMCI c:11~'" cvT Ille"al .,a. heater or applianc.. ONC 202 Improperly v.nted vater b.at.r. ape 1312 Inadequate or mi..in" .,as shut ott valve. UPC 1213. 1214 Coabustibl.. stored too near h.atin" appliance.. I:LE~YeAL (NECI c..rtt!'c.oC. ~'T overtu.in" - branch circuit. not to exceed 15 ..p. to~ li.,ht. and 20 amp. tor rec.ptacl... NEC 210-23 Ki..in" elect~ical covers or tixtu~... NEC 370-15 Inadequate outlet.. NIC 210-52, UHC 701(b) Ile~ical service entrance is inad.quat.. NEC ~icle 23~ ~Z::~U;~~c~lle"al widn". NEC 202 Pool. - sta"nant wat.r inadequat. "ate 2-'024, SIKC 2431 Not to be occupi.d until conecUon. .a~e ude. UHC 303, UIC 305 . ce~iticat. of occupancy ~equir.d. UIC 307 Imp~ope~ OCcupancy. UIe Sec. 502 NUi.anc.. UIe Sec. 203 Po..ible "1~e Ha.areS. UBC Sec. 203 SaGIte Detecto_ R.quired. UBC 1210 ~.. requi~ecl on all bulldiftlJ. ancl/o~ apa~enu. UFC 10.201 lupp inad.quate fence . Title 24, . th. San 4t!1~ -- - ~- .... -..--~- . o o . _ ~ "0" STRIIT.SAN II_DING. CAUI'OlINIA _11 March 23. 1990 Re: 655 North D St. . San Bernardino. CA APN 1351011 16l RaDort-P-roject No. 2475 Southern Ca lfOrnla Einson company New Business Desk 287 Tennessee Street Redlands. CA 92373 . ,I. ~ ,_ ".. _ - ~l ~:/~P~~y~~~:~:1n:twlS'i~~C~' on ~_~ ~ y. in t~ The following conditions Wlrrant ablteme.nt y t . Buflding Official as defined in the San Bernardino Municipal Code Title 15.28.150. ':::>cL.....~c~O....s ~"'9.s,1\ E:...le~""4.I;"'1I I . ",",hu.h. ?a!... d ~^""~IZ~ ""a ~1I!!!!.~..fIlllt.~& The Building Official hereby orders the electrical to be discontinued immediately by the authority of the Administrative Code. Chapter 2. Section 202-F. as adopted by the Sin Bernardino Municipal Code. Titl. 15.04.020. Pleas. disconnect power by: ~ Shut off only [ ] Meter Removal [ ] Disconnect at power pole If there are any questions about this action. please call 714/384-5071. ~ An electrical inspection will be required before restoration of power. byr ~~~.I1-R. f"'\Y.t.,... Code Compliance Officer/Building Inspector cc: Lei & Cin~ Wing RlvilWCl ~nd approved by: Bundt I ; , i I . o o CITY OP . San Bernardino .VILD... . a.'.'! .'~A.l'.'.' March 23. 1990 Re: 655 North D St. San Bernardino. CA APN 135 011 16 Report/Project NO. 2475 Southern California Gas Company Customer Service Department 1981 Lugonia Redlands. CA. 92373-0306 ,I The property located at ~5'~)J.~" t' in the City of San Bernardino 'wir1nspectecl on - -..Sl!! The conditions werrant abat_nt by the ng ficial as d;fined in the San Bernardino fllnicipal Code Title 15.28.150. The Building Official hereby orders electrical and gas utilities to be discontinued illlllecliately by the authority of the Administrative . CoeIe, Chapter 2, Section 202-F, as adopted by the San Bernardino fllnicipal CoeIe, Title 15.04.020. If there are any questions about this action, please call 714/384 5205. Director/Building Official bY~ e~ . anee f1cer/ III nspector cc: Lei & Cindy Wang I" '14 M.N;-I-.s ,.. ..0.'. D ".'IT ..... ........0...0 c....I'O...A II." oe.. ".,......" ~~~I ~ ,.~n 'I; . -. o o @ . _. .__._ _.. Le-; A~a...1!.A.~ IUAB# _.~. ..._ . .... ..__._~/3..~___.~I.,;UJ..~ /~_P!Ve-__ _. _ . ..o__.~dS.--~?~~~._rk.~._tf.~t?-;"3 .-. - ... ....- -..---..----. .... .--..--.------ ..- . ... ....:.._..._,ee:.._.t~._t/~.~-_. ..-----..-.. . _... .. .._. ._.__.__t9.-~.e/:_13~-~~1I.~./~__.---- -.-.---.-._ o. __._._ __._0.__ ___. 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R8h'''-u._Jl'~_~_41~/'t"iO- ~_..<9~.:-_ _ .__.~-r'~'~r.~ :"'fl;I..~.,.e~-_-_- . . .... R~/)"... _ J:lq ~.()pI;;'t. I.__.v~..;(-..~ ~~:.t:l. ____ _. ..~f.,-.~l~~--,.:~-dH~.-,-~ ...dv.:t ck"A~l.4-L~~..t""-- ,. ..,.,.' v. _. .. K~, a-to...D a?t~.- W,.UI,L C .. ~~~.~_ ~ AU"'<-'" ~ . ~-., ...~.. ~ ~d~ c;/Ld-~~r . . 'u .;t/:.bU-. W~_,. ~ .,L~. tv./~~L _. ...fJl14.l..d- d.a-?!-"r-1... Jt:u_.(h1~U. w~ _.. ...~._~._3-1, ..~~~.~._41",~.-r,L~1 --.. . . ----.-=fi~~--~~. .~~A~ (74_71tL~tf ~ ..- -.. . ~-Il/-9o . '-- - . ~>:jy IE~ -- -. - ....- - --.....-...--- --..-... - .----- .. \ . 1 2 3 ~ 5 6 1 8 9 10 11 12 13 1~ 15 16 11 18 19 20 21 22 23 2~ 25 26 21 28 .:rJU18S .,. G....u.. CJ.~ At~ 0 ....., 10. aD'IONS. Depu~ CJ.~ A~~ 300 1- I -D- acee't. Iloa. 661 .... ~. C&1U~8 92411 (71~ ""-'-53511 Atwmqa for CIft OF SAN BDHAIlDINO . . SUPEJtIOIl COUIlT OF 'l'D STAR OF CALIrOIlNIA FOil '1'HB COUM'l'Y OF SAN BIIINAIlDINO '1'HB PEOPLB OF '1'HS STATB 0., CALIFOItNIA. ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: Plaintiff. DBct-QATION OF DAVID STACIIOWSItI;" CIft A'ft'OIlNBY INVBSTIGATOIl va. LEI WANG: CINDY L. WANG. and DOBS 1 througb 60. Inclu.1va. DafanClant.. I. DAVID STACHOWSItI. C11:y Attorney Inva.t1gator. declare tbat I a.. at 811 t1_. _nt1onad bera1n v... a C11:y Attorney Inva.t1gator for tbe City of San Bernardino. angagad in the parforaanca of official dut1e.. I bava been an Inve.t1gator for tha C11:y Attorney'. Office for five aon1:ba. I.. a rat1rad Lo. Angala. Police Off1car with 1:ven1:y-1:hZ'aa yaar. of .erv1ce v1th that departaant retiring as a Datact1ve Sergeant. I bave e1gbteen yaar. experience as an Inva.t1gator. two year. a. a Vice and Narcotic Inva.t1gator and bava bad axper1ence in various type. of 1nva.t1gat1on8 1nclud1ng / 1"/ DS:ag/br[C1v1cl.Dec] 1 , 1 2 3 ~ 5 6 7 8 9 10 11 12 13 1~ 15 16 17 18 19 20 21 22 23 2~ 25 26 27 28 'ten yeu8Q. a Ho-tcide ~Uga~.QIl adlU.~, 1 --- ~q. 80=1_ ....~i.lla. a. a p~pa~ ill.~alla. adju.~.~ alld a. t td,'tb baaude aNI lJ.~,gaa aauaa4 ~ wa~~. f1~. aftlS ~ '!: .1...-b. Oil 'F.b~ua~y. 23. 1990. aD 1nv..~iga~ioll wa. 1n1~1a~.d ~~ ~ .C1."1c Can~~ Mot.l loca~ad a~ 655 Nortb -D- S=-~ in ~ C1.~ and COUnq. of San~. 'fbe 1mra.Ugat1on... 1ft1~ia~.d due ~o nuaa~ ~1a11l~. of bu.in.....n and th.1r ..ploy... 1n .dd1~10n to polic. offic.r. .bou~ ~h. d~ug, p~.~1~t1on and cr1m. .c~1v1~ 1n ~h. v1c11l1~ of ~h. Civic Cant.r Mot.l and the num.rou. arr..~. for var10ua v101a~s.oaa 1ft add1~ion ~o the volum1nou. UIOUft~ of call.d for .U'V1c... ~ the , Pol1c. D.p~8ft~. I h.". obtain.d c.~~1f1.d cop1.. of ~h. d..d. for the p~~ and bul1d1n;. locat.d a~ 655 North -D- suaa~ froe F1nt AIl.~1can T1~1. Company. The.. de.da con~a1n the nama. of all. p~1.. wh1ch a~. 1n"..t.d 1n~.~..t 1n the prop.rty. Th... docWDant. ahov L.1 Wan; , C1nd7 L. Wan; of 2132 At_dal. Avenu., Lo. Ang.l.., Cal1forn1a .. ovn.~. of the p~op.~ty. Th... docum.nt. .~. att.ch.d ..t fo~th .. Exh1b1t -A- .nd A-l r..p.ct1vely. I have o~a1ftad bu.1ne.. tax and pa~1 t 1ftfo~.t1on from ~ C1.~ Cl.rk'. Off1c. wh1ch ~fl.ct. an act1ve account 1ft the na.. of L.1 w.ng , C1ndy L. W.ng. Cert1f1ed cop1e. of the.. document. .r. .et fo~th a. Exhibit -8-1- th~ough -8-4-. 1Ilc~u.1v., to .th1. d.clarat1on. wh1ch axh1b1t. ar. h.r.by 1ftCOrpora~.d h.~.1n. DS:mg/br[C1,,1c1.DaC] 2 .. 1 2 3 . 5 6 7 8 9 10 11 12 13 a 15 16 17 18 19 20 21 22 23 2. 25 26 27 28 Oft Q~azy 23, 1990, I ~~ = . ao.plai1* ta. _. .j,11~ eU-r. ot C~'. PUW Aut: l'DU.. l00a~ .~ MS ...u. or;- -D- ...~. San~. - ~ 1ft4i.c.~ad ~1: CD Pe!maazy 21. 1990. wben he c... = hi. buaUW.. = opeD 1~ Up. he obaenad ~~ nuiaaroua vehicl.. on hi. uead car lot had bean o:t...ged. I ob..~ 4....g..to .pp=z1IIat.ly 8-10 vehicle.. one ot wh1cb v.. . 1957 CheVrOlet vhich . euepec1: had v.lkad on 1:M ~f of 1ft Ul .pparant .ttaapt to e.c.pe the gu.rd dog. '!'he vehicle. vere p.rked ln .uch . ..nner th.t the d...g. v.. ln are.. whlch! indic.ted th.t num.roue plece. of uphalt ware 'thEoWD fro. tbe .djolning property that belng 1:M Cj,v1c Cant.r Motel. M&'. Carey rel.ted th.t there h.. been ongolng probl'" for 1:M put ...._&1 . 'i: y~ar. vl th ree1dent. of the Motel. JU.. daclar.t1CD and tile ..., ,. regarding hi. .1ntervlew are part of Ezhiblt -C-l-. After h.vlng lntervlewed M&'. carey. I want 1:0 1:M Cj,vlc canter Motel and intervlewad 1:M Man.g.r, ... CboonlI Chong, who ldentlfled hl..elf a. D.n Chong. H. .t.ted he h.d bean 1:M .....g.r for ovar . year and . helf. I lnfoned Mr. Cbon9 of 1:M nu.erou. probl... th.t wara ......tlng f1"Olll hi. IIOtel lncludlng the eS_.g. to the vehicl.. of Carey'. F1na AutollOblle. aneS the ongolng pro.tltutlon .neS eSrug proble.. .t the Motal. I 8Ugg..tad 1:0 Mr. Chong that he immedi.taly hire an &Z'III.eS Securlty Gu.rd to .11avl.ta the.. probl.... on S.turcSay, February 24, 1990, I chackeeS tha locatlon and dieS not .e. . Sacurlty GuareS at 1:30 ln the .fternoon. I dld .p.ak to Mr. Chong the followlng w..k and r_arkad that I dieS not ... . securlty GuareS on S.turcSay and he r.pl1.~ DS:mg/br[Clvlcl.D.C] 3 1:ba1: 1:be CloUd1:7 au.n -na 1:be laQ ~ &lid _17 ~ bG_...,~: .. ~oa1:ed 1:ba1: 1:be gua~1I va. no1: a a_ell .eo~~1:7 -. - GD---.t ~1: v_ a f..a1e vbo be ball uaecS on a pr1Oz' ooo..~.. hi. aeo=1i:7. He 1D\S1oai:e4 on the pd.~ ooo_ion be ball traded. f~ ~en1: f~ .ezovic.. r.rA.~ - . securii:7 QuarlS. . Mr. Wil11.. Carey ..t. for1:b in hi. ISeolara1:1on tbat' hi. I ou.1:o..r. have be.n h.r....1I b7 pro81:11:ut.. and drug dealers. .. baa suff.r.d lIany ac1:a of vandall. and thefa 1:0 hi. fthicl.. on hi. u.ed car lot. Hi. guarlS daga have been poi8OlW1l aeveral t1lle.. He ha. .poken to 1:he own.r. .nll ..nag.r of tb. aot.l ..v.ral t1llle. regarding 1:ba probl... 1:0 ftO avail. Monic. M. Sm11:h i. an emplOJW& of th. Bullg.t ..n'.l C.r 10cat.1I at 601 Nortb -n- Str..t anll h.r lIeclaration GQtl~. having be.n acco.t.d .aver.l tllH. and bar_.ed nuaeI'OU8 t1... b7 individu.l. who .be knoW8 have llv.d .t the Civic C.nt.r Mo1:&l. Theil' car. have been vandali..d in addition to rock., bottl.. and tra.b havlng been 1:hrovn on1:o 1:he proper1:7 b7 occupana of 1:he IIIOtal. See blUblt -C-2- a1:1:ached ber.1:o and lncorporat.d by 1:balr referenc.. aaYllond & M.gd.l.na N.gr.t. ar. th. ovner. of N.na. Mexlc.n ...t.ur.nt .t 642 North -D- Stra.t. San Bernardlno. Tbeir decl.ratlon lndicate. 1:bat 1:h.y have no bualne.. in the ~ t1lle due 1:0 bar.....nt and act. ofvl01.nc. froll tbe t.nant. of tbe Clvlc C.nt.r Mot.l. Tb.lr cu.tOIl.r.' and emplOY...' vehicl.. have been vandall..d and brokan lnto. v.~ r.c.ntly, on. of thelr CU8~.r. va. .cco.t.d by an lndivldual wearing . _* who ~anded aaoney but v.. .ub.equently fright.nee Ds:aag/br[CiVlcl.nec) 4 . . . 1 2 3 4. 5 6 7 8 9 10 11 12 13 14. 15 16 17 18 19 20 21 22 23 24. 25 26 27 28 : 0 . - '. -&7. TM ~luaUon of ~__ ~1:e U a~.""-. bu:6to .. IbIbi-JI_.-C-3- and j,ncoq"....1:e4 ~1:M. ~farena.. .... Gua Ma~ of Ma~ lound 17ft... 10C1a~e4 a~ 633 Mo..I:h ... . .D. S1%e.~. San sarnardiftO w.. Ui~eJ:V1~. H. baa been a~ ~~ locaUon for ~ yaaZ'8. 1ft 'the p~.1s y&aZ'8. he baa Iutpt M. fZ'Oft~ and rau doon locked dur1ng bWlUle..~. Be ha. bad daaaga w M. veMcl.. puked Oft M. prope~. He locka M. door. .. h. ha. had peopl. en~er M. buaUle.. who are ~ ob91oua w.1ne.. peopla w~ who he bel1.... n.1de a~ ~ lIOt:a1 Uld have en~and ~h. "u.1n... in' an a~~..p~ ~o a.carta1n if ~heZ'. 1. pZ'Ope~ ~ara ~~ could be .~olen. . 81. ~luaUon 1. at1:acbe4 .. Exh1b1~ .C-4" and 1ncoZ'JjlOZ'a~.d ~ ~. raferenca. .!. Mr. S~ava Max.on ha. "a.n Ui buaUia.. .Ulce 1982! a~ 600 ~ .D. sua.~. San .arnucS1nO. He baa a Mo1:orCyCl. Repair Uld Acca..ory ShOp. Hi. "ua1n... baa baen ~ v1c~1a of nuaarCNa 'thefu from 'the veMcla. pukad on hi. lo~ and a~1wta. 8011& of ~h. ~haft. ~o ~h. ra.1d.n~. of ~ha Civic C.n~ar Mo~a1. 81. dac1ua~1on 1. mukad Exh1b1~ .C-S. and 1ncorpora~ad by ~h1. r.far.nca. . Mr. Richard S~a11ar. 1. ~ha Pra.1dan~ of ~h. S~andareS Mortgag. COlapany loca~ad a~ 375 Wa.~ 7~h straat. San sarnucS1no. At~.chad 1. a daclara~1on of R1chareS S~a11ar which 1. 1ncorpora~.d a. Exhibit .C-6. anumarat1ng numarou. act. of vandal 1_ and crima. which have been ancountarad by ~a employea. of that a.~ab11.hmant. on Much 13. 1990. Inve.t1gaton Dava 'Stachowak1 ~ Robart Jani... Uitarv1a..d ona Anto1natta Tata who ha. actad in the DS:mg/t)r[C1Vicl.Dac] 5 . . . . 1 2 3 . 5 6 7 8 9 10 11 12 13 1. 15 16 17 18 19 20 21 22 23 2. 25 26 27 28 c.p.oj.~ Q . Saoud.q GuU4 j.n ~~ UI4 ~tll' R 1:M ~.u.r1:a~ Motal. bowa"a~. .ba i.. not a li.oa_ad .ao~i.q oeei.~. 1M ~U'e1: ~ a1: 1:ba1: looa1:i.on ~-- S~..".. 15. 1988 _ ~~ 15. 1989 UI4 wadce4 appz'OUM1:a17 f__ 11:00 p... to 5:00 ..... Sha 1nd1cag4 1:ba1: dudng 1:ba1: Uaa 1:110 f.-ala. 1n ReO""- 8 UI4 9. bad baeft conduC1:1ng p=.1:11:U1:10n 1n tho.a roo.. du~1ng 1:hat pa~i.od of 1:1.a. Sha waa ~acant17 a.played f__ Patmauy 28. 1990 - Much 7. 1990 .nd 1nd1cat.. tha .... two fa..la. ara .t111 conduct1ng pro.1:11:Ut10n 1n tho.. roo... Ant~tta T.ta 1ndic.ta.. 1:bat .ha told tba Man.ga~ DB Cboong ChOng. regar41ng tha .c1:1v1ty and ha told ~ not to botbK 1:M f...la. .. th.t w.. bow thay ..de . 11ving and paid theu rant. She 1ndic.tad th.t l:latveen Pal:lruuy 28 and March 7. the ocicupanta ,. of 1tooa 6 _ra da.ling drug. and wben .ha .tt-slted to ~.nn1: a .1.1tor fro. going to tba roo. .ftar 11:00 p.... he pulled a kn1fa on bar and thra.tened .her w1tb the kn1f.. Sba 1ndJ,catad that tb1. __ aya. _ra 411.tad and ha bad tracka on hi. ana. (_adla aark.) Sha .tatad 1:bat Ga told tha Manager. Dan CboOn9 ChOng. regud1ng the drug da.l1ng. and ba .aid not to bOther the peopla. .Sba 1ndJ,c.tad 1:bat ~ via1tor .tt_ptad to run her ovar with bi. truck. Har dacl.ration i. .arkad Exb1l:lit -0- .nd 1ncOrpor.tad l:ly tb1. rafaranca. I cau.ad . co.putar run to l:la .ada of .11 call. for .arv1ca. to the 600 l:llook of North -0- straat. froa the period of 1/1/89 _ 2/28/90. 'rb1. infonaa1:1on wa. CCllDPl1.d l:ly Carl Falkaz: of The Dat. Proca..1ng oaputaant of the C1 ty of San Barnardino. Tha CCllDPutar run 1. Exh1l:l1 ~ -.-. Thi. coaputax- run tall1a. al] DS:ag/l:lr[C1v1cl.Dac] 6 , . , 1 2 3 6 5 6 7 8 9 10 11 12 13 16 15 16 17 18 19 20 21 22 23 26 25 26 27 28 Gall. ~OZ'G-~C_ _ 1:ba 600 bloc1c 00--- -D- .tlI:~, ws._ t:Ile ~ ~~ iD ei~ e ~~=rt, ~, -van.... _ ~i...-~ 1:ba pz'Obl_ ft801". bi" 1:be ~- 1mro1ged. 1ft.e one ~ peeled of ~, .. call. for ..rv~c.. ~o ~h. C1.~c c.~. Mot:al aloaa"vera 162. 'fhaE'a vera 79 otbar call. for tIIa 600 blook of tfOZ'tb -U- su..~, wb1cb 1ncluda. both .1dea of tIIa ~..u. The a.1al pbow wb1cb 1. bb1b1t -L- abcNa that than are .1ght bu.1n..... ~o~al in th. 600 block of -U- Su..t which 1nclucSa. 1:ba Civic c.~.r Mo~.l. 'I'lw.. pbotoa accurately dap1~ 1:ba area a. par8Oft&11y oba.rvad bf _. on March 6, 1990, I ceuad a COlIPU~. run w be .1Id-.r.bf tIIa . .~ cr:l.lla Analy.1. S.c~1on of 1:ba San ~ PoUc. Da~"' vt of . . . . . r.pon1ng U1.u1c~ 207. Included 1ft raport1ng Ui~101: 207 1. 1:ba 600 block of No~ -U- Su..t. I C:0'941ad a U.t of =~. and arr..t. froaa 1:ba cOllPU~. pr1ft_u~ and a ..cr.tary froe tIIa C1~ Atwrn.y'. Off1c. par8Oft&11y ..l.c~.d 1:ba crime and Ar1'..~ a.port. fro. ~h. r.cord. .~1on of 1:ba San Barnard1no Pol1c. U.p~~. The S.=.~ary 1. Jto.ar ouad1'1, who'. declaration 1ft ~. regard 1. anolo.ad .. Bxb1b1~ -0-. The ~ime fr... for tIIa cr:l.lla. and arre.t. are froe January 1, 1989 - F.bruary 28, 1990. aegard1ng 1:be C~.ic C.nt.r Mo~.l, tbere wera 32 arre.t. _4& .~ tba~ loca~1on, 7 arr..t. for pro.~11:ut1on, 7 arr..t. for drug., and 2 arr..~. for .al.. of drug.. Th. o.er r..a1n1ng erra.a war. for a1.c.llanaoua v101a~ions. Th.r. w.r. 36 cr1aa r.port. a~ ~~a~ 10ca~1on for var1ou. off.n... including 3 for child abu.; 6 cr1... for ~h. ~h.f~ of au~0.obi1.. which 1nvolv.d US:ag/br[C1v1cl.uac) 7 , . , 1 2 3 6 ~t:uSl wbo weze zoe..idiDg .i: i:baOt.l. ~.... 3 ~'.Q' ~...... 2 of ~ 1_1" U .imralv.d .,..:--Ut:uu. wIlD we. ~a4W! .~ i:h. lIOi:el. 1 p.r.on.lly r.v.i...4 .11 i:1Ie atI:.6 MDUaMII zoeporU. 5 'fher. ..r. is .i.c.ll....oua ure8't8 ill i:ba 100 bloc1c of 6 ....l;h -D- Su-i:, 5 of which weze for ft8Z'ClO1:1ce, tMre were 36 7 u8C.11U'TDU8 criae zoeporU for veriDU8 off..-... 'l'be Cr~ UI4 8 Arr..i: a.p0ri:8 azoe .nclo.ed .. Bxhibi~ -.-. 9 'fhe nUllb.r of criae., 8Z'Z'e8U aNI call. for eenice. are 10 8Ub.~Ultial" the lIU\8g.r had indicated 1:0 .- t:ha~ CD averag. 11 25 Z'OClU a day ar. r.ntad ou~ a11:tlOugh thezoe are 61 Z'U\'ta1 1ID1ta 12 ill the complex. 13 . Oft Much 16, 1990, the Civiccanur Motel... iftIIpillte4 by ":'. .. - .~~ 16 1117.alf, Code .Bnforce.ant Offic.r DUlY Nolfo, Pir. IIl8Pec~or . 15 Charlott. a.ynolde, ps.zoe tnapac1:Or Mik.l PuIc8, aNI ...lrn of 16 the SUl B.rnarcU.no Polic. Depertaeftt. 'fhe followiDg i. a 11n of 17 vS.olation. found by Fizoe tnapector CharlOtte aeynolde (See the 18 attached declaration IIUked Ezhibit -I- aNI incOrporatad by the 19 refezoence. ) 20 Nineteen non .orking ..oke detector.. Thirtaan ai..1D/J 21 ..oke detector.. . 'fwo d.ngerou. carbon aonoxida producing 22 h..ter.. Pifty-one he.ter. na.d to be in.pected by the C.. 23 co.pany and/or . heating contractor, .x..pl., not .ecur.d 26 properly, .nclo.ure. part. ai..ing, houee kaeping duat, cU.rty, 25 venting iJDproper. Ofte h.at.r ... uead ill Ul uniIIproY8d .anner 26 for cooking. All .xi.t p....g. ..y. had s.nacSaquate lightin;', 27 bulb. rucwed, .eep. ne.t., birde ne.t., ..ny covar. .s...ing. 28 Ds:ag/br[Civicl.Dec) 8 . . . 1 2 3 6 5 6 7 8 9 10 11 12 13 16 15 16 17 18 19 20 21 22 23 26 25 26 27 28 a " . on. fj.Z'. ~8beZ' tilt aDt: ~ '-J.....,. .j.-. DO na1:e ~. oa. ~ ~h.Z'.j...j.ng. ~.. ~Z'..h .nolo.UZ'.. j.n DOn .~ dang.Z'ou. .Z'... uftd.Z' o08bu.~j.bl. p.~h~ of agr.... . _. e: ,t.q 1d.1:chaD uncl.an. lSoae not ...~ UD.tIIUII coc!a. Z'aquj,raa oo...~ci.l hood .nd duct .y.t.. .nd i.prov.d .uto..tj.c auppra..iOft 8781:_. Ov.n u..d .. barbecu.. stov.. w.r. rad tagged not to ue.. Bzj,t paa.... way f:rG8 unite 65. 66. 67. 68. 69 Ui the uppal' floor in dang.roua unaaf. CODdi tion. Body weight .tr....d .tructural mat.rial. Und4tni~ of upper azit p...ap way heading to north.a.t .tairw.ll wa. ..v.rally crack.d and COftCr.t. lIIi.aing. On. ga. dryer red tagged. do not ue.. dzyen. .l.ctrical part. and wiring covar.d with duet and lUit. Du8t &lid . lUit on wall and c.iling produc.d dangaroua CODdition. lIIplo.,.r vafttUlg of ga. dzy.r to CCIIDbuatj.bl. .tor.g. are.. . Pour atoZ'ap Z'OO88 Ui ne.d of hou..k..ping. One having atoZ'ag. of tir... Siz unit. war. ..v.r.ly dirty with accumulation of tra.h. .toraga and oth.r cOllbu.tibl. d.bri. which .ndang.r not only thama.l_s but the r..aUling t.nants. SU unit. war. cooking Ui the Z'OOIU. &Sampl. hot plat... .1.ctZ'j.cal fryj.ng pane and to..t.r. Overall condition ob..rv.d hous.k..ping and maint.nanc. poor. A Fire Saf.ty Notic. w.. personally handed to the manag.r, W.. Choong Chong. (s.. attachad d.claration). Cod. Enforce..nt Officer, Dany Holfo, ob..rved and citad for the fOllowing viol.tions. Tw.nty counts of exce..iv. .xpo..d wiring in apartaenb which incl\l~ the kitchen ar.a outside lighting. Nin. units a1 which war. dang.roue conditiona, open/v.cant Ui violation of Sar Ds:mg/br[Civicl.D.C] 9 " , -, 1 2 3 6 5 6 7 8 9 10 11 12 13 16 15 16 17 18 19 20 21 22 23 26 25 26 27 28 8.rn.rd~0 Mun~c~p.l Cod. 15.2~50. Broun .iDAo.. aDd ._-. _ I. 'fbz'ee UftiU wbiab ba4 _f~ve _ur clo..ta wbich ,_. . po..C;-."..roua cond~~iana for ~."1:.. PoOl fenoe whiab ... Uft8~ W code for chl1dz'eft w an~. daDgaroue for cb11dnD. Infa.tation of bu.. and cockroacha.. .a7 raquire fuai.at1oD. 810ck .al1 on "north .ida top rOll coain. down (dangarou.). 1ftadequ.ta .aftit.Uon ttaab 1ft rcn,..... s1:rUCltural buarde. dKIca c.~l1ng. rec... 19. 20. 21. 68 . ". 1'au1~...tMr protaClUon of .~ft4owa and dcIor.. Huudou. and unaaD1tary pnai.... .OO'W 1-51 ~nelud1ng off~c.. Improp.r occupancy 7 to 9 t.nant. in .08. :rooaa. Upp.r d.cka and .alk ara.. need ..jor repair. .1:Z'Uctun1 d...... In.ll 95 cod. violati0ft8 _ra pr..ant at 655 Noeth -D- stra.t. S.n 8.rn.rdino. S.. Coda .nforca.ant Officar~ DID! Nolfo'.. daclar.tion Exbibit -1-1-. Dur~ng ~ cour.. of ~ inapaCt~on. I 0baU'Vad cockroacb8a 1ft nuaar0u8 rOOll8. Thera ... .evera .ttuc~al ......a dua to a laaky roof. froa the r.c.nt r.~n.. Ther.... ..tar damage to ..11.. floon and carpat~ng froe an overflOW of . to~lat froe 1ft .dj.c.n~ .partlDant. on II&ny of ~ rOO8 ca~l~. ~r. ... 11014 ~~c.t~ng daapn... and ..tar damag.. NwD.rou. p.tchwork r.pairs to cSryw.ll .are ob..rvad ~ aaany of ~ unit. particularly ~ th. b.tbroo.. in tha .r.. of tha .at.r b..in. indicating faulty plW1bing. Mo.t of ~ .how.r unit. and tub. ..r. f11 thy fZ'OlD not h.ving b.an .crubbad properly. Furn1~.." filthy inclu4ing the dr.p.ry. Mo.t of the carpat~ ... filthy and worn. The un1t. .hich h.va .uff.red ..tar damag. and h.ve vi.ibl. .igne of 1I01d ara conduciva to the pra.anea of b.ct.ri.. DS:../br[Civicl.D.C] 10 < . , 1 2 3 ~ 5 6 7 8 II 10 11 12 13 1~ 15 16 17 18 19 20 21 22 23 24 25 26 27 28 s.J:Iernard~no pol~ce O~~~C~.Obe~ .p~ler..bo ~. .....~ to Vice. ._ .~ 'tbe loca~Oft and .. ob..necl 'tbrM '- 1m ~.. in.id. ~h. .ohl. ground8~ 'fwO o~ 'tbe FOII'U1:u~e. .~. ~ ~ in 'tbe .,~.l and oa. pro.~t:u~a ... then .i~ a -uicle-'~ ren~ a~. Af~.r 'tbe in8pec:Uon. I in~eni~ the Manag.r. ....C~ong Chong. H. .~a~.d ~ha~ h. ha. b.an ~h. .....gar .inC. July 1988. H. .~a~ecI ~~ ~ war. 48 ft)OII8 in 'tbe IIOhl bu~ on an avuaga 25 &'00.. ar. ran~ed p.r day. He .~a~ad ~~ half of tbe rOCllU u. ran~ad bY tbe day and the other half u. ren~ed bY tha waek. The ..lfa&'e Dapa.. L-.-t ._J._ chacka ou~ ~re~ly to ~a IIOt.l for $210.00 per Wale. Be .~a~ tha~ ~. .alfu. people avarage 3-~ par .on~h. How...r. wb.n tha a&'rang_an~. wera .ada ~hrough the. Salva~ion AnIy ~ ralooah the 1IO~.1 .r..ident.. it wa. a.cartained then van a~ l._t 2i UD1ta ~ha~ wara baing provided for bY .elfua or ao.a other ~ of S~a~. Aid. H. .tat.d ~hat the lady ~h.y hired ~o p.rfor. .acuri~ du~ia. qu1~ app&'Oxiaately a wa.k ago and ~ pre.antly hava a lady n...d IC1a who i. the Sacuri~. Offic.r Spindler'. .~a~...nt i. Bxh1bi~ -J- and incorporated bY ~. rafaranee. I have ob~ained decluation. fro. San Bernardino police Officar. concarning arre.~. and inva.tigation. at the Civic can~.r Mo~.l. I hava attachad the.e declaration. hereto a. Bxh1bi~. -Jt-l ~gh Jt-13-. They either detail actual arrest. a~the Civic Can~er Motel or .ub.tantiate it. reputation a. a place whare p&'O.~i1:u~ion and drug daaling occur. on Much U, 1990, I photographad i~vidual rClOlllS and the lIO~al in general loc.~ed a~ 655 North -n- S~reet, San Barnar~no. ns:-v/br[CivlCl.necl 11 < 4 .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~JCI. pho~og~.ph. .~. .~~ft.4 .. ..b~b~. -.- .D4 au_;.,,:, '1~ ~~ wba~ 1 ob..~.~ ~be u.. ~. pho~~.pb8 .'~ ........ ~ UI8~de .aoh ~ follow ~ pbotogz'apb of ~ mP"'- Oft ~ fZ'Oft~ door of aaoh ~. In a4d1~1on, a. p~av1oualy ~af~ to, I cume4 ~1a1 pbotograph8 of 'tba -D- S~a~ uaa 1ft ~ 600 bloclc to be taJcaft by ~ba San 8a~na~d1no POl1ca Dapa~t.ant. All of the af=_.n~1onad photo. ~ ba~ato attacb'ld. bb1b1t. -L-. Finally, I hava obta1nad .tata..nt. f~OII thraa of tha fo~~ tenant8 of ~. av1c centu Motal: Ona tanant, Ma~tha Vallajo adll1t. .wo~k1ng out of tha motal, impl1adly a. a p~.t1tuta. Tanant Ron Svazts 1nd1cata. the~. ..~a wata~ laaka in M. ~ f%Oll nut ~. Taaant It1II .. . Faquaon 1Dd1cata. that the~a wa. p~.t1tut1Oft, dJ:ug dea11Dg, and ~ache., II1ca and l1ca 1ft the ~ .ha ~ w1~ bu children. Me. pargu.on al80 11.t. 6 ~oo.. in which p~o.t1 tuta anddng dealing oc~ad. COp1a. of the decluat10na of Mr. Vallajo, Mr. Sw~a and Me. parguaon ~ attached ba~ato a. Eah1b1ta -N-l t=ougb N-3-, 1nclu.1va and lnco~~atad by th1. rafa~anca. I have ~ad tha fo~ago1ng dacla~at1on con.1.t1ng of 12 pag.. and 4acluad undar penalty of p.rj~ ~at it 1. tn. and CORact. Exacutad at San 8a~na~d1no, California on March .2' . 1990. DS:a;!br[Civ1cl.Dacl 12 . . CITY OF SAN BERNARDINO PLANNING DEPARTMENT AGENDA ITEM #: LOCATION CASE COP 198 HEARING DATE 5/8/90 1 ..~ ~ - ...~u C ~ I.U '___00_. .- 0 , ~ , , . , , . 1- ~ ~ . . .: o EXHIBIT 3 ;.. CONDITIONAL USE PERMITS b. The stabling or puturing of the animals shall not be within one hundred fifty feet of a buildina or structure used or intended to be used for human occupancy or within fifty feet of any neighborinc property line; c. A letter from the county health officer indicates that such use will not be a hazard to the public health; and d. There is compliance with all other applicable laws of the City. 5. The P1anninC Director shall revoke such approval of temporary grazing wheneYe1': a. The user of the land hu violated any law or condi- tion with respect to the use of the land; or b. He receives notification by the county health officer that such use of land is a hazard to the public health; or c. He receives notification by the Mayor and Common Council that the use should be terminated. B. Such notice of termination shall become effective, and further use shall ceue forty-eight hours after notice hu been mailed to the user of the land by first-class mail at the address shown on the plot plan. (Ord. MC-134, 1982; Ord. 3493 (part), 1975; Ord. 1991 A 28.8 (C), 1953.) 19.78.110 ReYocation, modification IIId voidina- A. The CommiIIion may, and upon the direction of the Council shall, hold a public hearing to consider the revoca- tion of a conditional use permit. Such permit can be revoked if, from facts presented at the public hearinc or by investigation, the Commission fmds anyone or more of the followinC grounds: I. The permit approval wu obtained by fraud; or 2. The permit is being or hu been exercised contrary to the conditions of such permit or in violation of any applicable licenses, permits, regulations, laws or ordi- nances, or 3. The use for which the permit approval was granted is being or hu been exercised so u to be detrimental to the pUblic health or safety or to constitute a nuisance. - .-:~:.-- '"- .,"!,~' 1224-3 (San BemudlJIo 5-83) '- ," . , ~ -. . r -- -" . "a .-./ . . . "., .. - .- , . < . \ , o o ZONING B. Written notice of the date, time. place and purpose of such public hearina shall be served on the ownel'l of the property for which the permit was sranted by relistered mail. postal' prepaid. return receipt requested. not less than ten days prior to the date of such hearing. C. The Commission shall make its fmdings and deciaion within forty days after the date of the hearina and shall transmit a copy thereof to the owner and the Common Council. D. The Commission may modify the conditions of the permit after the hearing if the grounds justifyina a revocation can be cured or corrected by the imposition of new. IUlditional or modified conditions. E. Any person aggrieved or affected by the decision of the Commission may appeal to the Common Council in accor- dance with the provisions of Chapter 2.64. F. A conditional use permit shall become null and void if: I. The use for which the permit was IlI'&nted has ceased to exist; or 2. The owner of the property for which the permit was IlI'&nted requests in writinJ that the permit be void and the Commission approves such request. (Ord. MC410. 9-17-84; Old. MC-134. 1982; Ord. 3535 (part). 1975; Ord. 1991 028.9.8-10-53.) 19.78.120 Development apeements for surface mining. The provisions of Article 2.5 (commencina with Section 65864) of Chapter 4 of Title 7 of the Government Code of the State of California. as the same may now exist or hereafter be amended. are adopted for and made applicable to surface mining and land reclamation developments in the City of San Bernardino. (Ord. MC-261. 4-4-83.) Chapter 19.79 SPECIFIC PLANS Sections: 19.79.010 Purpoee. 19.79.020 Authority. 19.79.030 Area of application. 19.79.040 Contents of the plan. 19.79.050 Application forapproval- Fee. 19.79.060 Hearings on petition and notices thereof. (SIII_01-8S) 12244 '- .. . .;...... . '-. . . . . . _ ... J' , '.. :.. ~ , , . . -" .... ...6,0':'_- _ ( o o . city of San Bernardino Planning commission Meeting Minutes May 8, 1990 The meeting was called to order at 7:06 p.m. in the Council Chambers, City Hall by Chairman Lindseth. The following Commissioners were present: Clemensen, cole, Corona, Jordan, Lindseth, Lopez and Stone. Absent: Sharp. Staff present: Reed, Montgomery, Larson, Nahill, Gomez, Finn, Gubman, Freiberg and Easley. Also present was Deputy city Attorney, Henry Empeno and Senior oeputy city Attorney, John Wilson. Commissioner Stone led the salute to the flag. Ann Larson-Perbix, Senior Planner, asked all those who intended to testify to stand and raise their right hand to be sworn in. Ann Larson-perbix administered the oath. The Planning Commission meeting minutes of December 12, 1989 and March 20, 1990 were approved by a motion from commissioner Lopez and seconded by commissioner Corona and carried unanimously. commissioner Corona abstained from voting on the minutes of March 20th, as he was not present at that meeting. Plannina Director's Renort Larry Reed noted the Council's approval of the State College Self Storage request to put up a billboard sign along the freeway. Mr. Reed also noted that the city had sent out letters to building owners within the city regarding unreinforced masonry buildings. He also noted a public hearing scheduled whereby the owners of unrein forced masonry buildings could present their comments and concerns. * * * Chairman Lindseth noted these items (Item Nos. 2, 3, 4, 5, 6, 7, and 11) to be considered on the Consent Agenda. Senior Planner, Ann Larson-Perbix, provided a brief description of each item to be considered and noted staff's recommendations. The consent agenda was approved for the recommendations of staff by a motion from commissioner Lopez seconded by commissioner Clemensen and unanimously carried. * * * The meeting was recessed from 9:20 - 9:25 p.m. Chairman Lindseth left the meeting and Vice-Chairman Corona chaired the remainder of the meeting. LVUTOTT A . CITY OF SAN BE~DINO PLANNING COMMISSION<:)ETING MINUTES OF MAY 8, 1990 PAGE 2 ITEM NO.1 Revocation of Conditional Develonment Permit No. 198 Subject property is a rectangularly-shaped parcel of land consisting of approximately .86 acres having a frontage of approximately 125 feet on the east side of "D" street and being located approximately 365 feet north of the centerline of 6th street and further described as 665 N. "D" street. The subject site is located in the CR-2, Commercial Regional Downtown, land use designation. The City proposes revocation of Conditional Development permit No. 198 under authority of Code Section(s) 19.78.110 (a)(2.)(J.), to revoke approvals for a 50 unit motel. Owner/Applicant: Ward: Exempt from CEQA (Class 21) Staff Recommends Revocation of CDP No. 198 Lei & Cindy Wang 1 Deputy city Attorney, John wilson, was present to provide counsel to the Planning commission. Deputy city Attorney, Henry Empeno submitted documents referencing Section 19.78.110 of the San Bernardino Municipal Code regarding Revocation and voiding. Attorney Empeno also noted the staff report of Conditional Development Permit 198 dated May 8, 1990 as being introduced into evidence as Exhibit "A". He also noted several witnesses in the audience who intended to testify in favor of the Revocation of Conditional Development Permit 198. The defense attorneys noted evidence into record as follows: Exhibit A - Permittee's Proposal For Permit Conditions of permit Operation In Lieu Of Revocation Exhibit B - Letter From Joshua Kaplan to Larry E. Reed, Director of Planning and Building Services Department dated April 3, 1990 Exhibit C - Correction Notice served to the owners, Lei and cindy Wang of the civic Center Motel by Code Enforcement Officer Danny Nolfo. Exhibit D - Inspection record, also attached, is a list of project owners responsibilities and building permit issued to the owners of the Civic Center Motel dated March 26, 1990 The defense attorneys, Joshua Kaplan and Andrew Gunn, representing the owners of the civic Center Motel, had several objections to the procedures used in this proceeding. They felt that this case should be continued until statistical documents were received from the City Attorney's Office as requested in letter dated April 3, 1990 from Joshua Kaplan to Larry E. Reed, Director of Planning and Building . CITY OF SAN BE~DINO PLANNING COMMISSION~TING MINUTES OF MAY 8, 1990 PAGE 3 services Department. Deputy city Attorney, Empeno, stated that he would provide defense counsel with crime statistic information by the next meeting and recommended that the Planning commission proceed with the hearing and allow comments from the public. He noted that he had provided the attorney's with all other requested information. commissioner commissioner Lopez called commissioner Cole motioned to continue with the hearing. Clemensen seconded the motion. commissioner for question and the motion carried with all but Stone's opposition. Defense Attorneys objected to the prosecutor, investigator, counsel and legal advisor all being from the city Attorney's Office. After a lengthy discussion among the attorneys of both parties, commissioner Lopez moved to continue with the public hearing. The motion was seconded by commissioner Clemensen and carried with all but the opposition of commissioner stone. Attorney Kaplan objected to the constitutionability of section 19.78.110 in that it is too vague and does provide guidelines. Commissioner cole made a motion overrule the objection. The motion was seconded commissioner Lopez and carried with all but the opposition commissioner Stone. Code not to by of Attorney Kaplan objected to use of Code section 19.78.110.B, stating that a precise accusatory document had not been provided and, upon that basis, he requested dismissal of the matter. Deputy city Attorney Empeno stated that Exhibit 1, the staff report for revocation suffices for the due process requirement to give notice of violations. commissioner Clemensen made a motion to overrule the objection. The motion was seconded by Commissioner Lopez and carried with all but the opposition of commissioner Stone. Attorney Kaplan objected to the receipt (by the Planning commission) of the evidentiary matters submitted by Deputy city Attorney Empeno as they are hearsay. Attorney Empeno noted that this was not a formal court of law and evidence of hearsay may be submitted and the weight of that evidence must be determined. Commissioner Lopez made a motion to overrule the objection. The motion was seconded by commissioner Clemensen and carried with all but the opposition of commissioner Stone. Attorney Kaplan motioned that the Planning commission review all of the Deputy city Attorney Empeno's submissions and also review the defense attorney's Exhibit A, which is a proposed settlement document, and determine if it suffices to obviate. Attorney Empeno noted that it was out of order for the applicant to make a motion. Commissioner Clemensen made a motion to overrule this request. The motion was seconded by . . ~ITY OF SAN BE~OINO PLANNING COMMISSION<:)ETING MINUTES OF MAY 8, 1990 PAGE 4 commissioner Lopez and it carried unanimuously. Attorney Kaplan submitted their Exhibit C - correction Notice dated March 23, 1990, and Exhibit 0 - Building permit dated March 26, 1990. He felt that the proceedings should be stopped based upon these Exhibits and requested dismissal of the matter based upon the grounds of estoppal. He felt that the owners of the motel should be given the opportunity to make repairs. The Director of Planning and Building Services confirmed that the owners of the motel did pull building permits to make repairs. commission Clemensen made a motion to overrule the request. The motion was seconded by Commiss- ioner Lopez and it carried with all but the opposition of Commissioner Stone. Attorney Kaplan requested that the proceedings be removed to the site at an appropriate hour. Attorney Empeno suggested that the planning Commission hear witness testimony now and decide on having a field trip to look at the motel at a later date. commissioner Clemensen moved that the commission listen to the witnesses testimony and schedule a field trip at a later date. commissioner Lopez seconded the motion and the motion carried with an abstention from Commissioner Stone and commissioner Cole. Testimonv in Favor of the OeveloDment Permit No. 198 John Buckner, residing at 301 La Colina Drive, Redlands, California, owner of Sierra Escrow Corporation at 805 North "0" street, felt that the Civic Center Motel gave downtown San Bernardino a very unattractive appearance. He also felt the Planning Commission should really be concerned for the beautification of downtown San Bernardino. Mr. Buckner stated that, if conditions (to mitigate problems) could not be imposed on the motel, he could not continue in business. Revocation of Conditional Dick Steiler, of Standard Mortgage company, which abuts the site, at 375 W. 7th Street and 863 N. "0" Street, complained of the huge crime rate in this area. Mr. Steiler noted putting up an eight foot wall, and electric gate and concertina wire to keep motel residents from coming onto his property, but the fence doesn't help because the motel residents jump over the fence and vandalize cars and rob people. He stated that it was a daily occurrence to have cars broken into. He also noted that his employees are frightened to come to work because of being harassed by the people living in the motel. Since the motel has been closed Mr. steiler has discovered that the car vandalism and robberies have stopped. Bill carey, owner of the auto agency just south of the civic Center Motel at 645 North "0" Street, noted problems starting . ~ITY OF SAN BE~DINO PLANNING COMMISSION~ETING MINUTES OF MAY 8, 1990 PAGE 5 . seven years ago. He noted that the motel owner stated he had no control over the residents there. He also noted problems such as those mentioned by Dick Steiler. Attorney Gunn asked if Mr. carey observed persons throwing rocks over the wall. Mr. carey responded that he not only observed them but he also caught them. He noted that 11 cars have been damaged by rocks thrown over the wall and he had received reimbursement once from the motel owners. After the closing of the motel, Mr. carey noted being able to extend his business hours to 7:00 p.m. and that his night time sales tax had increased 40 percent. Trinnie Morris, employed at Nina's Restaurant, 642 North "D" street, mentioned customers refusing to stop because of the bad crime rate in the area. Ms. Morris noted being escorted to her car at night in fear of being attacked. She also noted that since the closing of the civic Center Motel, she feels a lot more safe and secure. Randy Wade, Manager, Grand Central, noted that they had hired two security guards for their parking lot to protect cars from being vandalized and to protect customers from being robbed. He stated that they saw people jumping over walls, robbing people and throwing things and the management of the hotel does nothing, even though they saw one perpetrator run into a room at the motel. Mr. Wade also noted getting little or no support from the police Department. He stated that his car's tires had been slashed four times. Attorney Gunn asked, if there were more support from the police Department, would this problem with vandalism of cars and robberies be alleviated. Mr. Wade felt that police had not been very supportive. Attorney Gunn also asked, if the motel would provide their own security, would it help eliminate problems of car vandalism and robberies. Mr. Wade responded that he didn't feel it would alleviate these problems. Mr. Wade also felt that putting up a wall and having the area well lit would not help solve the problems. In response to Attorney Kaplan, Mr. Wade stated that since the motel was closed, they had let two security guards go and had not had one problem. Mr. Wade further responded that, even if licensed security guards were hired, he did not feel it would be of benefit because there is no supervision from the management of the motel and they don't care what happens there. Jerry Brown, owner of Grand Central, noted that several of his customers have been raped shot at and had vehicles vandalized. Mr. Brown felt that the motel should be closed. He stated that he had watched people from the motel break into his car and leave that lot and go back to the motel. He also noted that his block wall had been knocked down by customers of the motel. Mr. Brown noted that when he . ~ITY OF SAN BE~DINO PLANNING COMMISSION~ETING MINUTES OF MAY 8, 1990 PAGE 6 confronted the owners of the motel about this incident, the owners asked Mr. Brown to leave the premises. Charlotte Reynolds, Assistant City Fire Marshall, noted the motel being in violation of 101 counts of fire violations. The meeting was briefly recessed from 11:00 to 11:15 so that Commissioner Stone could meet with Deputy city Attorney, wilson. After the recess, Attorney Wilson stated that it was determined that Commissioner Stone did not have a conflict of interest and the Commissioner could proceed with the hearing. Ms. Reynolds also noted inspecting two motel units and finding the outside vents of wall heaters wrapped in duct tape. She noted that the manager of the motel stated that he had taken tape and closed off the vents. Ms. Reynolds stated that there was an overpowering smell of carbon monoxide in those units and there were four adults and six children there. When the fire officials went back to see if the wall heater had been taken care of, the fire officials found the room filled with flammable materials which could have caused an explosion. She felt that by the Fire Department being there, they eliminated a very serious life threatening situation. Attorney Gunn asked if this happened in one or two units. Ms. Reynolds responded that it only happened in only two units. Attorney Gunn also asked Reynolds if the whole building was evacuated or just the two motel units where the flammable materials were discovered. Ms. Reynolds responded that only two motel units was evacuated and the direction to evacuate the whole building was a direction of the Code Compliance Division. Attorney Gunn asked Reynolds when and if she told the motel owners of what they were in violation of. Ms. Reynolds responded that on March 14, 1990 she notified the owners of the motel that they were in violation and indicated that they would be back for reinspection on March 28, 1990. The defense attorneys asked, if the owners of the motel complied with Fire Department's requirements would the building then be safe? Ms. Reynolds noted that there are other departments' requirements such as police, and Code Enforcement that must be complied with, and the motel would not be safe unless repairs were made in conjuncion with all other violations. Reynolds noted that there were problems with the electrical, heating and structure. Empeno suggested that the item be continued to a special meeting on Tuesday, May 15, 1990. . CITY OF SAN B~INO o PLANNING COMMISSION MINUTES OF OCTOBER 9, 1990 Index Page Revocation of Conditional Development permit No. 198 3 General Plan Amendment No. 90-2 22 General Plan Amendment No. 90-9 22 General Plan Amendment No. 90-10 23 General Plan Amendment No. 90-7 23 Conditional Use Permit No. 90-10 24 Conditional Use Permit No. 90-42 24 Tentative Tract No. 14193 25 EXHIBIT 5 . { o o city of San Bernardino planning commission Meeting Minutes October 9, 1990 chairman Lindseth called the meeting to order at 7:05 p.m. in the council Chambers, city Hall. The following commissioners were present: Clemensen, Corona, Lindseth, Lopez, Sharp (7:10), stone. Absent: Cole, Jordan. Staff present: Reed, Finn, Taitague, Olivio-Gomez, Montgomery, Woldruff, Bautista, Burke. Senior Assistant city Attorney Dennis Barlow and Deputy city Attorney Henry Empeno were also present. The salute to the flag was led by commissioner Lindseth. John Montgomery, Principal Planner asked all those who intended to testify to stand and raise their right hand to be sworn inl Mr. Montgomery administered the oath. * * * The approval of the minutes of the Planning commission Meeting of september 11, 1990 were approved after the arrival . of commissioner Sharp by a motion from commissioner stone, seconded by commissioner Lopez and unanimously carried. The approval of the minutes of the planning commission Meeting of spetember 25, 1990 were postponed to the next regular meeting of the Planning Commission, as there was not a quorum of those commissioners present at that meeting. * * * Chairman Lindseth noted those items to be considered on the Consent Agenda (Item Nos. 2, 6, 7, and 8). Mr. Montgomery provided a brief description of each item and noted staff's recommendations. Mr. Montgomery also noted modifications in Item No. 8 Conditions of Approval as: Delete Condition No.5. Revise Condition No. 28 to read: 28. The developer shall participate in any supplemental fee program established by the city to help finance new school off-site improvements or with the city of San Bernardino community Facilities District No. 995 School Fee Mitigation Agreement. Add Condition No. 29: 29. The single-family homes constructed on Lots 30, 45, 54, and 58 shall comply with the setback standards specified by the Municipal Code in effect at the time of Planning Department review and approval of said homes. . 'City ot San aeQrdino planning commission Meeting Minutes of Page 2 o 10/9/90 . commissioner Sharp arrived at 7:10 p.m. commissioner Lopez made a motion Calendar per the recommendations seconded by commissioner Clemensen to approve the Consent of staff. The motion was and carried unanimously. * * * chairman Lindseth asked if anyone in the audience would have any problems with continuing Items 3, 4, and 5 to a future Planning commission Meeting. He explained that Item No. 1 was a continued item that had priority and could run late into the evening. Al C. Ballard of representing Nick Tavaglione, owner, stated Mr. Tavaglione would like a 30 day continuance on Item No.3. Charles R. Metzger of 17511 Conte Lomas Verdes in poway stated he had no problem with continuing Item No. 4 to the next reqular meeting of October 23, 1990. Ernest Riffenburgh representing property owner, stated he had no on Item No.5. Parkside Medical Services, problem with a continuance Chairman Lindseth asked if anyone in the audience wished to discuss these items further. Bruno Sheryl buyer, wanted came from Los of 1100 Grace Lane in Brentwood, Los Angeles, Item No. 4 heard tonight if possible because he Angeles. Chairman would be o'clock. Lindseth stated he could make no promises, but automatically continued if Item No. 1 went to it 11 Mr. Sheryl agreed to a continuance. Bill Katona 1371 Walnut street in San Bernardino wanted to know why Item No. 3 was denied and what is Commercial General desiqnation and what the plans are for the property. Mr. Reed stated if Mr. Katona's questions were general ones, someone from staff could answer them for him on the side. commissioner Clemensen motion to continue General Plan Amendment No. 90-9 to November 6, 19901 General Plan Amend- ment No. 90-10 to October 23, 19901 and General Plan Amend- ment No. 90-7 to November 6, 1990. The motion was seconded by commissioner Lopez and unanimously carried. * * * . 0 0 City of San Bernardino Planning Commission Meeting Minutes of 10/9/90 Page 3 ITEM NO.1 Revocation of Conditional D8velonment Permit No. 198 subject property is a rectangularly-shaped parcel of land consisting of approximately .86 acres having a frontage of approximately 125 feet on the east side of "0" Street and being located approximately 365 feet north of the centerline of 6th street and further described. as 655 North "0" Street. The subject site is located. in the CR-2, Commercial Regional Downtown, General Plan Land. Use Designation. The City proposes revocation of Cond.itional Development Permit Number 198 und.er authority of Cod.e section(s) 19.78.110 (A.) (2.) (3.), to revoke approvals for a 50-unit motel. OWners/Applicants: Lei & Cind.y Wang Ward: 1 Exempt from CEQA (Class 21) Ed.alia Olivo-Gomez, Associate Planner, gave a brief presen- tation of staff's report giving only planning issues and violations of the Conditions of Approval of the Cond.itional Use Permit. Senior Assistant City Attorney Dennis Barlow stated. for the record. that he would. be advising the Commission on this matter tonight. Deputy City Attorney Henry Empeno stated. for the record. his name and. title and. that he would. be assisting the Planning Department in presenting this matter. Attorney Empeno gave a recap of this case. He stated. on May 8th the Planning commission began the hearing on this case at that time four sets of d.ocuments were entered. as Exhibits. He remind.ed. the Planning Commission that Exhibit No. 1 was the staff report: Exhibit 2 is the Declaration of David Stachowski, city Attorney Investigator, this d.ocument was filed. in the Superior Court of the State of California County of San Bernard.ino Case No. 255293: Exhibit No. 3 was copies of the San Bernard.ino Municipal Cocle section 19.78.110: and Exhibit No. 4 is Further Declaration of David Stachowski, City Attorney Investigator, for same case. He also stated. that numerous witnesses have alread.y testified. in support of the revocation which are recorded. in the May 8, 1990 minutes. Attorney Empeno stated to the Commission he would. like to provid.e them with three witnesses all together and. make them available for any questions by the commission or the Respond.ent. The witnesses were: David. Stachowski, City Attorney Investigator: Robert Spind.ler, Detective with the San Bernard.ino police Department vice Division: and. Dany Nolfo, Build.ing Inspector with San Bernard.ino Planning and. Build.ing Services Department. Attorney Empeno stated. that the Exhibits were passed. out at the May 8th meeting and. that he had. copies with him tonight if anyone wished. to refer to . o 0 tity of San Bernardino Planning Commission Meeting Minutes of 10/9/90 Page 4 them. The witnesses were asked to stand to be recoqnized by the commission and to answer any questions the Commission may have. Attorney Empeno stated he did not have any specific questions to ask them. commissioner Lopez asked Attorney Empeno if all the documents he referred to were made available to the applicant and the attorneys for the applicant. Attorney Empeno answered yes and stated copies were given to the attorneys. Attorney Empeno stated he would like to offer as evidence these documents that are marked as Exhibits 1, 2, 3, and 4 to be admitted as part of the Planning Departments case. Andrew Gunn, attorney for the owners, also present stated the last time he appeared Josh Kaplan was with him but that he would not be appearing today and that Frank Wieser was appearing in his place. He further stated they objected to the entry of the documents as evidence stating they were heresy and wanted to renew his request for rulings on the motions made at the May 8th meeting. Chairman Lindseth asked Mr. Gunn to detail allegations that the documents were heresy. Mr. Gunn stated they were comprised out of court statements made by parties that were not present to cross examine. He further stated it was a classic case of heresy made to be used for the proof of the matter asserted. Mr. Gunn ques- tioned the Commission as to why Attorney Empeno advised the commission 20 minutes ago if he was to cease advising the Commission. Discussion ensued among.st the attorneys as to was advising the Commission. It was resolved that Attorney Barlow was advising the commission on this matter. Chairman Lindseth asked Attorney Barlow's concerns on the points Mr. Gunn made that the documents were heresy. Attorney Barlow suggested he allow Attorney Empeno to argue the matter of the documents being heresy. He further stated that no rulings made at the previous hearing were out- standing. Attorney Empeno stated the documents, except for the Municipal Codes and portions of the staff report, consisted of sworn declarations signed under the penalty of perjury. Attorney Empeno argued this was not a court of law that the Commission follows only quasijudicial procedural law heresy is admissible to the commission but the attorney for the . . 0 i O. city or San Bernard no planninq commission Meetinq Minutes or 10/9/90 paqe 5 . respondent can only arque the weiqht that should be given to heresy evidence. He stated that 3 or declarants are present ror cross examination and at the last meetinq numerous property owners were present and available for cross examination. The respondent also had the opportunity to subpoena any witnesses he wished to bring forward that would be helpful to his defense, includinq same declarants. Chairman Lindseth a!lked Attorney Barlow if it that the purpose or the commission was to listen of both parties and make a sound and reasonable at that time the recommendation will go to the for review. was correct to testimony judqment and city council Attorney Empeno stated San Bernardino 19.78.110 <e) read that whichever decision make a party may appeal to the Council. Attorney Barlow stated there is a right of appeal but in addition the findinqs are forwarded to the council and it has the opportunity to be aware of that but it's done directly by appeal. Municipal Code the Commission may Frank A. Wieser of 3460 Wilshire Boulevard, suite 903 in Los Angeles, representing the owners, stated he just came in on the case this week and has not had a chance to review the file or see the testimony that is being brought in. He asked if the City Attorney had set any quidelines or procedures as to what could or could not be brought in as testimony. He felt the objection Mr. Gunn made was well founded especially to Mr. Stachowski's Declaration that is an ongoing court matter that has not been finally aujudicated and that a judqe will make a decision as to what is heresy. He asked if Mr. Empeno wanted this body to act in lieu of the judge. He further stated the evidence that was being brought does not necessarily go to the issues of planning they go to the independent lawsuit for Redlight Abatement and Nuisance. , Attorney Empeno responded by saying that Mr. Wieser was not familiar with the cases and the Commission was being asked to rule on these documents for the purpose of this proceeding. In the civil lawsuit the judge made no findings of inadmis- sability and did take them into consideration. On the other matter Code Section 9.7.8110 list 2 provisions in which the commission can revoke this conditional development permit and that these are the 2 provisions they are proceeding under tonight. The provisions are as follows: 1) That the permit is being or has been exercised contrary to the conditions of such permit or in violation of any applicable licenses, permits, requlations, laws or ordinances. 2) That the use for which permit approval was granted is being or has been exercised so at to be deteri . o 0 'city of San Bernardino Planninq Commission Meetinq Minutes of 10/9/90 paqe 6 . mental to the public health or safety or to consti- tute a nuisance. He went on to list the issues before the commission toniqht. Attorney Barlow stated there was nothinq in the code that states the Commission is deprived of jurisdiction due to the civil proceedinq and that the objection be overruled and receive into evidence the docU1llents presented. Mr. Wieser responded to Attorney Barlow's suqqestion by statinq that he believed there was section in the 700 series of the Civil Code specifically dealinq with nuisances which talks in the disjunctive or that a municipality or state or whatever public body may pursue to abate a nuisance either by way of the Redliqht Abatement Act or by way of Penal Code proceedinqs or by way of the civil Code. He further stated that the city Attorney was attemptinq to use these procee- dinqs as a sprinq board for the proceedinqs that he initiated in the Civil action and because he could not qet what he wanted in the Civil action as quickly, or perhaps without the finality that he can qet with this board, he initiated these proceedinqs. Chairman Lindseth stated that by reviewinq tapes and minutes he sees no open or standinq issues that have not been dis- cussed. He further stated the commission is actinq as a administrative body and not a leqal body and is not tryinq to overrule a judicial action. Attorney Barlow stated he front of him but that authority from proceedinqs is not listed in that Code did not have the Code section in did not prohibit the appropriate pursuant to somethinqs else that Section. Commissioner Clemensen pointed out they have the power to approve or revoke a conditional use permit within their jurisdiction. Chairman Lindseth decided to hear the issues, state that outstandinq business or motions were not acted upon be rejected, and accept the evidence. There were no objections from commissioners. Attorney Empeno stated other than the witnesses there maybe a few other people that may want to make comments and asked the commission to hear them. Chairman Lindseth aqreed. Mr. Gunn stated he did have questions for the witnesses present and objected to the declarations beinq accepted without cross examination which he said is standard procedure in front of all judicial bodies. . . 0 0 City of san Bernardino planning commission Meeting Minutes of 10/9/90 Page 7 Chairman Lindseth stated the people have a right to speak and if he liked he could cross examine. Mr. Gunn stated he was not disputing that but felt accepting the Declaration was inappropriate without cross examination. Attorney Barlow stated opportunity for objection was given and overruled the documents have already been admitted. Chairman Lindseth stated to continue on. Mr. Gunn asked if he would have an opportunity to cross examine Dany Nolfo or Dave stachowski. Attorney Barlow stated that he would have an opportunity to examine them tonight during this hearing at some point. Richard w. styler, resident owner of standard Mortgage Company, Inc., at 375 West 7th street in San Bernardino stated they abut the property on the north side. Attorney Empeno asked all the witnesses since the closure of the Motel to the present, have you witnessed any change in circumstance from the conditions you described at the last planning commission meeting. Mr. styler stated at the last meeting prior to the closure vandalism, aggressive behavior (especially toward female employees), and cars being broken into were a daily occurrance sometimes twice a day almost everyday. Since the closure, they have had no vandalism at all and that was a significant change in his book. Bill carey, owner of Carey's Fine Automobiles at 645 "0" street just south of the motel, stated his business has had no problems since the closure of the motel, no break-ins or vandalism. He also wanted it noted the police were at the motel at least once a day and now they are free to do their job. He Felt it has been a drastic help to the entire city. commissioner Clemensen asked if the closure of the motel has made a difference in his business activities at this point. Mr. Carey stated yes that 40% and that he could $2,000 a month. his business improved approximately receipt vandalism of approximately Chairman Lindseth asked what type of vandalism he experienced specificallY. Mr. carey stated the most drastic damage shields in a day, people running across dogs killed by poison, and a $5 fuel pump was 8 broken the roofs of stolen. wind- cars, commissioner Clemensen questioned the poisoning of the dogs. . ',0 0 city of San Bernardino planning commission Meeting Minutes of 10/9/90 Page 8 . Mr. carey stated he had 3 dogs poisoned. RaYlllond Negrete, owner of Rena's Restaurant at 642 "0" Street in San Bernardino stated they have had no break-ins in the parking lot, no lewd remarks to the women in the restaurant and business is better. commissioner Clemensen asked if he was referring to day or night time business. Mr. Negrete stated both but the night was worse because they would break windows and steal batteries. commissioner Lopez asked if he got any comments from custo- mers or workers that it feels safer now. Mr. Gunn Obj ected because he did not know who the customers were. Chairman Lindseth overruled the objection Mr. Negrete stated the girls feel a little better but are still very leary and will not go out alone to their cars. Chairman Lindseth asked how long he has been in business with Rena's restaurant. Mr. Negrete stated he has been in business for 25 years but has been in the area since 1953. Chairman start to cations. Lindseth asked when he approximately did he first experience problems of clientele having alter- Mr. Negrete stated in the last 6 or 7 years it started getting bad, but when they first started, everything was o.k. Mr. Gunn asked if his building was broken into in the last 60 days and if the person was located in the empty Civic Center Motel hiding. Mr. Negrete stated his building was broken into but he did not know where the person was found. Mr. styler stated the fact that someone hid in the abandoned building did not mean anything because the people who use to live there were organized and hid in the building. Attorney Empeno rested the Planning Commission's case. He stated that if Mr. Gunn had any questions for the witnesses that he ask them first so they could be excused. Mr. Gunn called Dany Nolfo. . .oci ty of San BeRrdinO 0 Planning Commission Meeting Minutes of 10/9/90 Page 9 Dany Nolfo stated he was a Code city of San Bernardino and his 1038 in Cedarglen. Mr. Gunn asked Mr. Nolfo when was the last time he was on the property, who he was with and why was he there. Enforcement Officer with the address as being P.O. Box Mr. Nolfo answered he believed it do a building inspection with Inspector. Mr. Gunn asked if they were there for final inspection and was it signed off. was in the last 2 weeks to Buddy Gomes, a Building Mr. Nolfo answered it was a call for final inspection and that everything was clear except for the air and heating and some other areas but the rehab permit was not siqned off because that included heating and air. Mr. Gunn asked if he knew who from the city went out to inspect the heating and air and if he knew if the fire Department went out to inspect the property. Mr. Nolfo stated he did not know he heard the Fire Department went out but did not know the de "'tailed report. Mr. Gunn asked if Mr. Gomes was present tonight. Mr. Nolfo stated he did not see him in the audience. Mr Gunn asked who Mr. Gomes supervisor was. Mr. Nolfo stated Dean Pagel. Mr. Gunn asked if Dean Pagel was present at the inspection of the property and who his supervisor was. Mr Nolfo stated he was not present and Larry Reed was his supervisor. commissioner Stone asked if water was if a putting green was there and if repaired and replaced. Mr. Nolfo stated there was no water in the pool, no putting green, but the wall was repaired and replaced. in the swimming pool, the northwest wall was commissioner Lopez asked if the store room was back to a store room or was it still a kitchen. Mr. Nolfo stated the stove were taken out but were right outside the door and could be replaced in the room. Chairman Lindseth excused Mr. Nolfo with the permission of Attorney Empeno and Mr. Gunn. . ~Ci ty of San seRrdino 0 . Planning commission Meeting Minutes of 10/9/90 Page 10 . David Stachowski stated he was a City Attorney Investigator. Mr. Gunn asked if he had done an investigation on a individual named Armando Viginelli. Mr. Stachowski stated the only thing he did was check his business to see if they had any problems with the clientele. Mr. Gunn asked who asked him to go out and check and why. Mr. Stachowski stated Mr. Penman because he believed the gentleman was interested in purchasing the motel. Attorney Barlow stated for the record Mr. Penman was the city Attorney. Mr. Gunn asked if he formed a conclusion that the operation was not detrimental to the surrounding businesses. Mr. Stachowski stated it seemed to be operating in a proper manner. Chairman Lindseth excused Mr. Stachowski with the permission of Attorney Empeno and Mr. Gunn. Mr. Gunn called Larry Reed. Chairman Lindseth administered the oath to Mr. Reed. Larry Reed, Director of Planning and Building Services, residing at 5655 Stanton Avenue in San Bernardino. Mr. Gunn asked several question of Mr. Reed regarding the Rehab Permit. Mr. Reed answered the question to the best of his knowledge but did state on several occasions he would have to refer to file, which was not in front of him. Mr Gunn stated for Mr. Reed to check the records. Mr. Gunn asked on what date was the Notice sent to the owners that they needed to correct problems on the building. Mr. Reed stated he did not have the exact dates that Dany Nolfo may be able to answer that question but he did know that initial inspections were made and notices were issued and based on the results the motel was ordered to be closed and at that time documents were issued to the manager. Mr. Gunn asked what specific violations fell within the realm of his department and were these violations corrected. Mr. Reed stated zoning standards, conditions of approval, . o 0 t:i ty of San Bernardino planning commission Meeting Minutes of 10/9/90 Page 11 building cod.e and property nuisance violations fell under his department. He stated he does not make the inspections personally but relies on his staff to carry out their job and if there are any probl_s they will bring th_ to his atten- tion. Mr. Gunn asked who was in charge of signing off final inspec- tions. Mr. Reed stated a combination of people including the Fire Department, Planning, the Property Maintenance Inspector, and once those are obtained the Code Enforc_ent Officer makes the final decision. Mr Gunn stated to Mr. Reed he believed he had not reviewed the file to see what has been done and asked if the file was available in the building and could be located within 10 to 15 minutes. Mr. Reed stated he had not personally looked at the file and it was in the building but there was no clerical staff available to locate the file. Mr. Gunn asked for a recess to locate the file. Chairman Lindseth stated it was understood that the hearing is conducted in the evening outside of normal hours and sometimes necessary files are retained at the desk of various clerical people and retained by managers, case workers and supervisors and may be inaccessible at this time. Attorney Empeno stated the respondent's attorney had the opportunity to issue a subpoena for any documents in the City's possession, and if they had informed the city of particular documents they wanted at this meeting tonight, those documents could have been issued. He encouraged the Commission to move on. , Mr. Gunn stated he assumed that since he was the Director he would have reviewed the file and be able to locate it. Chairman Lindseth asked Mr. Reed if it was possible if someone from staff could locate the file while they continued on. He further stated to Mr. Gunn if he needs any documents to please make his request known in advance. Mr. Gunn requested the records be made available. Commissioner Lopez stated they gave Mr. Gunn 3 to 4 ances which he felt was amble time for him to have any documents he needed and didn't feel they should the pleasure of requesting the document. Mr. Gunn stated he requested a continuance in May and several continuances have been arranged between him and Attorney continu- requested allow him . · City of San Bern9dinO 0 planning commission Meeting Minutes of 10/9/90 page 12 Empeno wbtab were not necessarily at his request. Mr. Wi..er .tated he did not have a chance to discuss the case with Mr. Gunn or review the file. He was under the impression it was to be continued to November 6 but that there was a misunderstanding between Attorney Empeno and Mr. Penman. Attorney Empeno stated he did have a conversation with Mr. Wiser in conjunction with Roberts siDlDlons yesterday and he did request a continuance without mentioning his prior conversations with Mr. Penman who told him that no continuance would be granted. He encouraged the cODlDlission to move forward. Mr. Wieser objected to any conversation between him and Mr. Penman. cODlDlissioner Clemensen stated the substitution of attorneys is not the fault of the CODlDlission. Mr. Wieser stated it is not a substitution but co-counsel. Attorney Barlow stated the point that the owner added new counsel should not be relied upon for delays and if there was a desire for a continuance, the appropriate time to present that would have been at the beginning of the hearing but it's in the discretion of the cODlDlission to grant a continuance. Chairman Lindseth stated the commission has reviewed and acquainted itself with the merits as presented by staff for 5 months and is prepared to conduct a hearing. He also stated just because the owner/applicant has chosen to employ another attorney is their concern not the cODlDlissions and the fact that owner/applicant were present they were going to proceed. , . 'ci ty of San BeAdinO planning commission Meeting Minutes of Page 13 o 10/9/90 . Mr. Reed answered it was February 26, 1990 that the Notice of violation was issued for numerous violations of code, on March 14, 1990 a citation or Notice to Appear was issued after the owners failed to correct the violations of February 26th, on March 15, 1990 the City found the building to be dangerous and all the persons ordered to evacuate the building at that time the owners were notified of the city's intent to begin revocation, on March 26 the owners obtained a building permit to rehab the motel. He further stated the records in front of him only showed the Building Inspector had signed off on the building code violations. Mr. Gunn asked on what date was written notice served to the owners of the motel that the revocation hearing was going to commence. Mr. Reed stated he believed the notice was given on Marcb 23. Mr. Gunn asked whos decision was it to proceed with the revocation and who did this person consult with. Mr. Reed stated it was his decision and that he consulted with the Code enforcement officer, fire, planning and several other people involved with the initial inspection. Mr. Gunn asked Mr. Reed to list the names of people he consulted with in each department. Mr. Reed gave the names of the individuals he could remember. commissioner Clemensen asked if Mr. subpoenaed all tbat information already. Mr. Gunn stated tbe only way be could obtain tbis information was to question the officials in charge because be believed that not all the information could be obtained from the file. Gunn could bave Mr. Gunn asked Mr. Reed bow mucb time were the owners given to correct the violations, who wrote the notice, and if the violations were corrected within 5 days. Mr. Reed stated he did not specific knowledge of that infor- mation and the question may be better answered by a building inspector. Mr. Gunn asked what was the financial committment the City based its fees upon. Mr. Reed stated tbe evaluation on the permit was $77,000. Mr. Gunn asked how often did be revoke conditional use permits. Mr. Reed stated this was the first time. . . 'city of San BeRrdinO Planning Commission Meeting Minutes of Page 14 o 10/9/90 . Mr. Gunn asked how long he has been director of the depart- ment and how long has he been with the department. Mr. Reed stated he has been Director and started in the department in December 1989. Mr. Gunn asked if Mr. Reed was instructed not to accept an application for Certificate of Occupancy. ( Mr. Reed stated he believed yes that they have to accept application for Certificate of occupancy. Mr. Gunn asked if he was application for certificate property. aware staff refused to accept of occupancy on this particular Mr. Reed stated he was not personally aware of that. Mr. Gunn noticed that Mr. Nolfo was leaving the meeting and asked the Commission not let him leave. chairman Lindseth stated Mr. Nolfo was excused. Mr. Gunn questions officers. stated he assumed the department head could answer which he has passed down to Code Enforcement Chairman Lindseth stated Mr. commission and it was his leave. Nolfo had been excused by the own personal desire to stay or Mr. Gunn asked the Commission to issue a subpoena to direct Mr. Nolfo to stay. Chairman Lindseth overruled the request. Mr. Nolfo left the proceedings. Mr. Gunn asked for a list of names of Code Enforcement Officers that have been out to the motel. Mr. Reed stated he could not remember the names from memory. Mr. Gunn asked for a list, from memory, of Officers and Planning Inspectors that have the department. Code Enforcment been employed by Mr. Reed listed names of individuals in the department. Chairman Lindseth stated he did not see the relevancy of these questions. Mr. Gunn stated if the file would be made available he would not have to go through these questions and that he stated by . · 'City of San BeRrdinO planning commission Meeting Minutes of Page 15 o 10/9/90 . the way the hearing was proceeding they would be back and he would subpoena appropriate parties at that time. chairman Lindseth asked Mr. Gunn if was trying to "run out the clock" in order to prepare themselves more adequately. Mr. Gunn stated he anticipated completing the hearing to- night. Mr. Gunn asked question regarding the automatic sprinklers that were required. Mr. Reed stated he needed to look at the records. * * * * * Chairman Lindseth called a 5 looked through the records. p.m. minute recess, while Mr. The meeting reconvened at Reed 9:30 * * * * * Mr. Reed stated Municipal Code Chapter 19.56.120 Title 19 requires that setback and paving lot planners be landscaped and maintained and shall have operative automatic sprinklers systems. Chairman Lindseth stated substantial questions were not being asked and wanted the see the hearing move on in a positive manner. Mr. Gunn stated it was relevant because it is conditions that was stated in the staff report kept up. part of the as not being Chairman Lindseth stated they should talk about the specific aspects as they pertain to the case that the size of the staff is irrelevant and that the Commission will not tolerate any further departures from the issues at hand. commissioner Stone stated if he knows that was not a condition just say so and to conduct a three hour quiz would not help his case. Mr. Gunn stated he reviewed the Conditional Development Permit and the documents provided to his office and the sprinkler were not needed. Mr. Wieser stated he would like to ask questions of Mr. Reed. Attorney Empeno stated Mr. Reed has a few minutes and that there is no about that permits the double team the Commission should rule they be asking the questions. been testifying for quite requirement that he knows of attorneys and he felt limited to one attorney . . . o City of San Bernardino Planning commission Meeting Minutes of Page 16 o 10/9/90 Chairman Lindseth marathon and one of because they were themselves. stated he them should definitely would not sponsor a tag team ask the appropriate questions going to converse amongest Mr. Gunn stated he would formally represent Mr. Larry Wang as one owner and Frank Wieser would represent Cindy Wang as one owner for the duration of the proceeding. Mr. Wieser stated he earlier that he would ments. assumed since he presented his self be able to address his self in arqu- Attorney Empeno objected stating is was apparent that Mr. Gunn represented the owners all along and change in represen- tation was a method to undercut the discretion of the commis- sion and that the commission move forward. Chairman Lindseth stated it is the desire or ruling of the commission that one of them conduct their investigation. All Commissioners concurred. Mr. Gunn asked question of Mr. Reed regarding the uniform Transient Tax. Mr. Reed stated he had no personal knowledge of it being paid and it was two different types of issues. commissioner Stone questioned the relevancy of the questions. Mr. Wieser stated Revenue and Taxation Code 72.80 sets forth a categorization in relation to a motel which the City of San Bernardino has adopted. Attorney Empeno stated if they have any question about motels as transient use and defining motels those questions would be relevant but that Mr. Reed has stated he does not know about the tax. Mr. Gunn asked several question regarding the business license. Mr. Reed stated he had no knowledge of that information. Attorney Empeno objected stating there were no prov1s1ons in the staff relating to any violation of a business license. Mr. Gunn pointed out Page 6 the last paragraph "the motel has been in violation of the business license,...." and stated he assumed the Director reviewed the memo dated April 17, 1990 with his signature. Attorney Empeno stated had Mr. Gunn read on and looked at . ~'City of San Be~rdinO planning commission Meeting Minutes of Page 17 o 10/9/90 . page 3 paragraph licenses and does violation of that 3 of the sue report not Delieve there is license. it speaks to Dusiness an actual present day Mr. Gunn asked where the information that a check for $210 was issued to the motel from the Welfare Department was ODtained. Mr. Reed stated that was what they heard from the occupants of the motel. Mr. Gunn asked the definition Detween permanent and transient Mr. Reed stated motels are primarilY designed veling puDlic what was found was a motel unit fuilies in unsanitary conditions. Mr. Gunn asked if he was aware that welfare recipients have temporary housing allowance not permanent. for the tra- occupied DY Mr. Reed stated he was not sure if he knew the Welfare's Department distinction of temporary or permanent housing allowance Dut that he knew some the people there could afford to pay rent on a apartment with proper sanitary conditions. Mr. Gunn asked if he was upset people on welfare could have an apartment Dut instead lived in motels. Mr. Reed stated he was not upset Dut concerned. Mr. Reed was excused. cindy Wang was administered the oath DY Mr. Montgomery. cindy wang owner of Civic Center Motel residing at 2132 Almadale Avenue in Los Angeles. Mr. Gunn asked several question of Mrs. Wang regarding the Notice of Correction. Mrs. wang stated her manager recieved the notice on FeDruary 26. Attorney Empeno oDjected to questions leading the witness and asked that they De in proper form. Discussion ensued amongest the attorneys in regards to leading the witness. Chairman Lindseth asked Mr. Gunn to please rephrase his questions. Mrs. Wang stated she was notice and did not know concern over the motel. never served with a until March 14 that She stated she copy of the the city had hired Donald .. .. ~i ty of San eerSldino Planning Commission Meeting Minutes of page 18 o 10/9/90 Robinson, a contractor, 2 days after the tenants to make the necessary corrections to the motel Mr. Robinson obtained a permit. were evicted on March 26, Mr. Gunn asked Mrs. wang several questions regarding the sale of the building which could yes or no. of Mrs. wang be answered Attorney Empeno objected several times stating the questions were leading. Chairman Lindseth asked Mr. Gunn to' be more specific in questioning. Mrs. Wang stated Mr. Penman Mr. vigninelli and was very his motel and would like him drop all charges. Mr. Wang answered yes to the question was the final inspec- tion signed off. She stated it was done on September 17 and her contractor said it was Buddy Long who signed it off. told her they had investigated satisfied with his operation of to buy her motel and he would Mrs. Wang stated she would like the Commission to allow her to sell the motel to Mr. viginelli that she was an absentee owner and did not know how to run it. Chairman Lindseth stated the issue is whether or not to revoke the conditional Use Permit the issues of transfer of property was of no concern. Attorney Empeno asked Mrs. Wang if she had an opportunity to review Exhibit #1 and if she had any problems with it. Mrs. Wang stated she believed she had skimmed through it. Mr. Gunn objected. Attorney Empeno asked who was in charge of running the motel if her and her husband were absentee owners. Mr. Gunn Objected. Mrs. Wang stated they hired managers and the last manager they hired was Dan Chung. Attorney Empeno asked if in January 1986 and March 1986 did she receive a Notice of Correction. Mr. Gunn Objected stating it was beyond the scope and the documents were not on hand. Mrs. Wang stated she did not remember that far whenever a Notice was served the manager would and let her know and he would correct it. back and that call her up . - City of San Be~rdinO <:) Planning commission Meeting Minutes of 10/9/90 Page 19 >> Attorney Empeno asked if in June 1986 was a civil lawsuit filed under the Redlight Abatement and Drug Abatement by the San Bernardino County District Attorney's Office and did she receive notice of that lawsuit. Mrs. Wang stated yes she did receive notice of that lawsuit. Attorney Empeno asked if she was aware the motel had been the sight of 2 murders and 40 arrests. Mr. Gunn and Mr. Wieser and raising the issues be done. objected stating that was irrelevant of Redlight Abatement did not have to Attorney Barlow stated they had the two actions mixed up and the one they are speaking of was in 1986. Mrs. Wang stated she was aware of a fight in in which one person was stabbed but would murder and did not know anything about the 40 the parking lot not call that arrests. Attorney Empeno asked if she was aware there were many violations in 1986 for prostitution and narcotics. Mr. Gunn objected saying it was heresy and not in evidence. commissioner Clemensen stated evidence was in the file. Chairman Lindseth stated the questions were directly relevant to the history of occurances at the motel. Mr. Wieser objected stating the Commission has already come to a decision based on the evidence submitted. Chairman Lindseth stated he would grant him the opportunity to retract his statement and apologize to the commission for his remark. He further stated the commission has never nor never will make a prejUdicial statement or judgment on any case that comes before it and that they base there decision on the facts presented. Mr. Wieser apologized to the commission. Chairman Lindseth stated he would not accept any more remarks of that nature. Mrs. Wang stated she became aware of it after she read the City's report. Mr. Gunn asked if she was aware that the police commission view the area as the highest crime rate area in the City of San Bernardino. Mrs. Wang stated no. . . 'City of San BeRdinO 0 . Planning Commission Heeting Hinutes of 10/9/90 Page 20 . Attorney Empeno stated he would like to call Hrs. Wang as a witness in rebuttal. Chairman Lindseth agreed. Attorney Empeno asked if she felt the document marked Exhibit 1 is accurate and if there was anything in it she felt was untruthful. Hrs. Wang stated she did not compare her building with the document and does not know if they were true. Attorney Empeno asked if she reviewed Exhibit 2 and if she recalled any facts being untruthful. Hrs. wang stated she read the document and she would not know if didn't know if they were true she since she was not operating the they were true. just motel Attorney Empeno asked if she read Exhibit 4. Hrs. Wang asked to see the document. It was handed to her. Hr. Gunn pointed out the document is at least 50 pages long and she be given time to review it. Chairman Lindseth asked Hrs. wang if she had seen this document. Hrs. Wang stated she had never seen this document before. Attorney Empeno asked if she was ever given a copy to review. Hrs. wang stated she did not recall. Attorney Empeno objected to Hr. Gunn's consulting with Hrs. Wang during questioning. Hr. Gunn stated he wanted to review the document presented and believed he could confer with his client time during the proceeding. Chairman Lindseth asked Hr. Gunn if he had been provided a copy of Exhibit 4. being at any Hr. Gunn stated without looking at it he did not know. Attorney Empeno stated at the Hay 8th meeting Hr. Gunn acknowledged he received copies of the documents. Discussion ensued amongest the attorneys as to whether Chair- man Lindseth stated Hr. Gunn could not review the documents. . . 'City of San Berti\dino planning commission Meeting Minutes of Page 21 o 10/9/90 . It was resolved Mr. Gunn could review the documents at a distance but could not confer or coach his client. Mr. Gunn objected to any further questioning until she had a chance to review the document. Chairman Lindseth stated he believed every party copies of these documents and felt this was another stall the hearing. Discussion ensued amongest the attorneys and commissioners as to whether or not copies were provided to everyone, it was resolved they were provided. was given tactic to Attorney Barlow reminded the commission of the rule that meetings do not go past 11 unless a vote is taken by 2/3'S of those present. Chairman Lindseth stated he would have to part and if they are to continue past 11 they must have a motion. commissioner Clemensen made a motion to try and complete the issue tonight. commissioner lopez asked if there was a chance of closing the hearing by midnight. Attorney Barlow stated there maybe a chance. commissioner Lopez seconded the motion. Mr. Gunn stated he had 2 witnesses present and one on call that could be there within 10 to 15 minutes and there is a third that is out of town and he would be requesting a continuance for additional witnesses and does not anticipate finishing tonight. commissioner Clemensen withdrew his motion. Lopez withdrew his second. Commissioner Lopez motioned to continue the hearing to another date. Commissioner commissioner hearing on a meeting. commissioner Clemensen asked Attorney Barlow if they could be assured they will not be questioning every document that has been admitted. Stone asked if it would be possible to hold the night that was not a regular Planning Commission Chairman Lindseth stated they will go ahead and continue the hearing to October 30, 1990 at 7:00 p.m in council Chambers. * * * * * . . . o City of San Bernardino 0 Planning commission Meeting Minutes October 30, 1990 Chairman Lindseth called the meeting to order at 7:05" p.m. in the Council Chambers, city Hall. The following Commissioners were present: Clemensen, Corona, Lindseth, Lopez, Sharp, stone. Absent: cole, Jordan. Staff present: Reed, Olivo- Gomez, Taitague. senior Assistant City Attorney Dennis Barlow and Deputy City Attorney Henry Empeno were also pre- sent. The Salute to the Flag was led by commissioner Lopez. Edalia Olivo-Gomez, Associate Planner, asked all those who intended to testify to stand and raise their right hand to be sworn in; Mrs Olivo-Gomez administered the oath. * * * * * The approval of the Meeting of october 9, commissioner Corona, unanimously carried. minutes of the planning Commission 1990 were approved by a motion from seconded by Commissioner Lopez and * * * * * ITEM NO.1 REVOCATION OF CONDITIONAL DEVELOPMENT PERMIT NUMBER 198 subject property is a rectangularly-shaped parcel of land consisting of approximatelY .86 acres having a frontage of approximately 125 feet on the east side of nD" street and being located approximately 365 feet north of the centerline of 6th Street and further described as 655 North nD" street. The subject site is locate in the CR-2, Commercial Regional Downtown, General Plan Land Use Designation. The City proposes revocation of Conditional Development Permit Number 198 under authority of Code Section(s) 19.78.110 (A.) (2.) (3.), to revoke approvals for a 50-unit motel. owners/Applicants Lei & cindy Wang Ward: 1 Environmental Recommendation: Staff Recommendation: Exempt from CEQA (Class 21) Planner: Edalia Revocation of Conditional Permit Number 198 Olivo-Gomez Development Chairman Lindseth reminded everyone present that Deputy City Attorney Henry Empeno represented the planning Department, Senior Deputy city Attorney represented the commissioners, and Andrew Gunn and Frank wieser represented the applicant. Chairman Lindseth asked Senior Deputy Attorney Dennis BarlOW where they should resume. _u................. r . . . o city of San Bernardino planning commission Meeting Minutes page 2 o of 10/30/90 Attorney Barlow .tated he believed the owners were presenting their position and Attorney Empeno had rested. to look at page 20 of the of October 9, 1990 to see Attorney Empeno asked Mrs. Attorney Empeno asked everyone Minutes of the planning commission that Mrs. Wang was on the stand. Wang to retake the stand. Mr. Gunn stated he had not been provided a copy of the Minutes and would like to have a copy available to him. A copy of the Minutes of the Planning commission Meeting of October 9, 1990 were handed to Mr. Gunn. Attorney Empeno stated that on page 20 of the October 9, 1990 Minutes Mrs. Wang stated she had not seen Exhibit 4. Attor- ney Empeno asked Mrs. Wang if she had a chance to review the documents and if a copy was given to her by her attorney. Mrs. Wang stated no. Mr. Gunn asked Mrs. Wang if she read every single page of every single document. Mrs. Wang stated she had not read every single page. chairman Lindseth excused Mrs. wang. Mr. Gunn called Armando viginelli to the stand Armando viginelli of 220 West Highland Avenue in Redlands. Mr. Gunn asked Mr. viginelli if he owned a business in San Bernardino, the name of the business, and for how long he has owned it. Mr. viginelli stated he owned the orvita Motel at 1363 North "E" Street for 3 years. Mr. Gunn asked was he currently in escrow to purchase the civic' Center Motel, was anything currently holding up the escrow and was that the reason he was here today. Mr. viginelli stated yes he needed at license to to open. Mr. Gunn asked if he had a meeting with the city Attorney, if that meeting took place in Mr. penman's office, and if Mr. Penman said anything about an investigation of his business. Mr. viginelli stated yes to all questions and that Mr. Penman stated was satisfied with his operation of business. Mr. Gunn asked if Mr. Penman had any concerns with his running the Civic Center Motel. + . . city of San Be~dinO Planning commission Meeting Minutes of Page 3 o 10/30/90 . Mr. Viginelli stated he was concerned about the security of the motel. Mr. Gunn asked if items such necessary and what other items he of the motel. Mr. viginelli stated yes and that he would run it like his other motel. as security cameras may be would do for the security Mr. Gunn asked by that statement, what would he do if there was a problem renter, such as a prostitute. Mr. viginelli stated he would remove her within a few minutes. Mr. Gunn asked who would be there daily working at the motel. Mr. viginelli stated his mother-in-law and brother-in-law. Mr. Gunn asked if the orvita Motel was a family run business Mr. viginelli stated yes. Mr. Gunn asked Mr. viginelli if he had been informed of the problems in past, like prostitution, tenants selling drugs, and bothering the neighbors. Mr. Viginelli stated he was told about the problems. Mr. Gunn asked if he ran the motel, could he run it without problems and does he operate his existing business without problems to the surrounding businesses. Mr. Viginelli stated he would try and that he has no problems. Mr. Gunn asked if he would like the Commission to let the Conditional Use Permit stand. Attorney Empeno objected stating he was continually leading the witness. Mr. Gunn stated the law was clear that extremely young, old, or otherwise has a that creates a situation that is hard to believed in cases like that the witness can if a witness is language problem communicate, he be lead. Frank Wieser read Government Code Section ll513(c) and stated that Attorney Empeno's objection was not well founded in an administrative hearing. Attorney Barlow suggested the commission allow some leading questions because of the difficulty in communication and that + . city of San Be~rdino planning commission Meeting Minutes of Page 4 O' 10/30/90 . Mr. Gunn De cautioned to do it as little as possiDle. Chairman Lindseth cautioned Mr. Gunn and Mr. Wieser not to lead or coach the testimony of witnesses. Mr. Gunn asked Mr. viginelli how he would operate the civic Center Motel. Mr. viginelli stated the Dest he could. been in the Dusiness for 4 years and has South Africa, Canada and the United states motel in New Jersey and had no proDlems. Mr. Gunn asked how long he has owned the motel in New Jersey and if he had any problems. He stated he has worked in Europe, and that he had a Mr. viginelli rooming house few fights. Mr. Gunn asked what did he do when he had a tenant that fought with other tenants or surrounding neighbors. stated from 1972 to 1986 DUt that it was a and that he did have some code violations and a Mr. viginelli stated he called the police if they went to far but other wise tried to calm them down. Attorney Empeno asked if the Conditional Development permit was revoked, what would happen to the escrow he has. Mr. viginelli stated it would not go through and that he would not buy the motel. Attorney Empeno asked if he had a financial incentive in not having the permit revoked. Mr. viginelli stated he would like to DUY it. Mr. Gunn asked if anyone payed him to come testify tonight. Mr. viginelli stated no. Commissioner on the civic condition of Stone asked Center Motel the sale. if he had actually opened an escrow and was a Conditional Use Permit a Mr. viginelli stated yes and that he had opened escrow about 2 months ago. Discussion ensued amongest Chairman Lindseth and the attor- neys at to whether Conditions Use Permit meant Conditional Development permit. It was resolved they were the same. Commissioner Clemensen asked prior to tions, was he given any indication of at the motel. signing escrow instruc- the problems occurring . .. ;2 .city of San Be dino Planning commiss on Meeting page 5 Minutes of 10/~90 . Mr. viginelli stated no that Mrs. Wang told him she needed a final inspection. commissioner Clemensen asked was he aware of the thick file of discrepancies and violations. Mr. viginelli stated he knew they had a lot of violations. commissioner Clemensen asked under those conditions he would still proceed with the purchase. Mr. viginelli stated it was Mr. Wang's problem not his and that he wants a license so he can buy the place. commissioner Clemensen asked term "rental" used and wanted to use referring to a motel they have been disputing. Attorney Barlow stated for these purposes it was alright. Attorney Barlow he heard the to know if that was a fair word because that was one of things commissioner Lopez asked how many units he had at his motel. Mr. viginelli stated 41 plus the apartment for the manager. Commissioner stone asked without stating any amounts, did he have any money placed in the escrow account. Mr. viginelli stated yes he gave a note on his motel in New Jersey. Attorney Empeno asked had he placed a deposit in escrow for the purchase of the motel and what would happen if the escrow was cancelled. Mr. viginelli stated no and that he would lose $5,000.00 for the expenses of the escrow. commissioner Clemensen asked if there was an earnest money deposit regarding this property. Mr. Gunn stated no current earnest money deposit. Commissioner Lopez asked if it was a motel or apartment he owned on "E" street. Mr. viginelli stated a motel. commissioner Lopez stated the motel has long term tenants. commissioner Sharp asked had he had any discussions with Planning and/or the city Attorney under the conditions he is to operate the motel, if the provisions were made clear, and was there any give and take. . . .. o city of San Bernardino Planning Commission Meeting Minutes of page 6 o 10/30/90 . Mr. viginelli stated not with Planning but with the city Attorney and that he has had discussions with Mr. Penman. commissioner asked if he knew why they haven't been dealing with the planning Department. Mr. viginelli stated he did not know. Mr. Gunn asked if the planning Department revoked the permit would he purchase the property. Mr. viginelli stated no. Mr. Gunn asked at the time he made an offer to purchase the property, was he aware there were hearings going on with the planning Commission. Mr. viginelli stated no. Mr. Gunn asked several question regarding the escrow instruc- tions including whether or not conditions were put in regar- ding the outcome of the Planning commission's decision and Judge Kennedy's. Mr. viginelli stated yes to all the question but stated he did not know anything about Judge Kennedy. Mr. Gunn asked if he was aware the court had to approve the sale. Mr. viginelli stated yes. Attorney Empeno asked when did he make an offer to purchase the motel, if it was a written offer, and did he have a copy. Mr. viginelli stated he believed it was about 2 months ago, it was written, but the copy was at home. Attorney Empeno asked what month. Mr. Gunn stated the escrow instruction showed the date of July 19, 1990. commissioner Clemensen asked if a performance date was also on the instructions. Mr. Gunn stated yes and that it had come and gone. Attorney Empeno asked if July 19, 1990 was dated he remem- bered offering to purchase the motel. Mr. viginelli stated it was 2 weeks before they talked about price and conditions. . . .. o o . city of San Bernardino planning commission Meeting Minutes of 10/30/90 Page 7 Attorney Impeno asked prior to making the offer he did not know a revocation process was initiated. Mr. viginelli stated no Mr. Gunn objected stating it was irrelevant. Mr. Wieser also objected stating he had answered questions showing his knowledge. Attorney Empeno stated it was highly relevant to the issue and asked if he had known a revocation process had started, would he still have made the offer to purchase the motel. Mr. viginelli stated no Mr. Wieser objected stating it was speculation. Attorney Empeno asked if the owners told him the superior Court had to approved the sale of the motel and who told him. Mr. viginelli stated yes Mr. Wang told him. Attorney Empeno asked if anyone else, including the attor- neys, told him that. Mr. viginelli stated no. Mr. Gunn objected. Mr. Gunn asked if Mrs. Wang came to him and asked him to buy the motel. in his motel was Wang was inte- Mr. viginelli stated a contractor that lived working on the motel and told him that Mr. rested in selling the motel. Mr. Gunn asked if he approached them. Mr. viginelli stated yes he guessed so. Mr. Gunn asked if one of the requirements that he get clear title to the property. Mr. viginelli stated yes. Mr. Gunn asked if he knew the term "Title Insurance" and was that one of the terms of escrow. Mr. Viginelli stated yes. Mr. Gunn asked he wants concern was that he buys it as a motel. to operate it as a motel and his it he owns it and be able to operate . . .. o city of San Bernardino Planning commission Meeting Page 8 Minutes of 10/30/90 . o Mr. viginelli stated yes. Mr. Gunn stated he like to submit a document for evidence. Chairman Lindseth stated it was a copy of escrow instructions dated July 19, 1990 marked Exhibit "A." Mr. Gunn asked if Exhibit "A" instructions for the motel and escrow. was a copy of was it signed the escrow and left at Mr. Vigine11i stated yes. Mr. Gunn asked if on the 2nd page there was a statement "the closing of escrow is contingent upon the following:" and what is the escrow contingent upon. Mr. Vigine11i stated yes a certificate of Occupancy. Mr. Gunn asked on page 3 was there a condition for Certifi- cate of Occupancy. Mr. Vigine11i stated yes provided it passes inspection. Mr. Gunn asked if in the beginning of document was there a requirement that the property show title vested in his name and his wife's. Mr. vigine11i stated yes. Mr. Gunn asked if he was purchasing the property free from liens. Mr. vigine11i stated liens from the city but not other liens. Mr. Gunn asked proceed as soon Occupancy and the the title. as far as he was concerned the escrow as the city permits the certificate Judge clears whatever he needs to clear can of for Mr. vigine1li stated anytime he was ready. Mr. Gunn asked did he know exactly what a Certificate of occupancy means as far as the city is concerned. Mr. vigine11i stated to obtain a certificate of occupancy had to pass inspections. Chairman Lindseth excused Mr. vigine11i. commissioner stone asked if a broker was involved in the sale. Mr. Gunn stated no his understanding was it was all done between the parties. . .. 0 0 city of San Bernardino planning commission Meeting Minutes of 10/30/90 page 9 . * * * * * Chairman Lindseth called a 5 minute recess. reconvened at 8:00 p.m. The meeting * * * * * Mr. Gunn asked Mrs. wang to retake the stand. Mr. Gunn offered into evidence as Exhibit "B" city of San Bernardino Code Enforcement Division, unit Inspection Report. Mr. Gunn was the document asked Mrs. wang did she recognize date on the document, and if on the same date. the document, what she recieved the Mrs. wang stated yes to the questions and that the document was dated March 23, 1990 Mr. Gunn asked did the documents give her directions as owner and operator and what directions did it give. Mr. Wang stated yes it has the checked the violations on her property and at the end she has to secure vacate units F.H. A. within 10 days and have to pull rehab permits within 10 days. Mr. Gunn asked that the document be admitted in to evidence as Exhibit "B." Chairman Lindseth granted Exhibits "A" and "B" and excused Mrs. wang. Mr. Gunn called Don Robinson. Mrs. Olivo-Gomez administered the oath to Mr. Robinson. Mr. Gunn asked his occupation how long he has been in the business and was it within the area of San Bernardino. Mr. Robinson stated he was a General Contractor he has been in business for about 20 years in the area. Mr. Gunn asked if he met with Mrs. wang during the month of March 1990. Mr. Robinson stated March 23, 1990. Mr. Gunn asked were discussions had regarding the rehab of the building and was he aware Mrs. Wang received a direction from the city to rehab the building. Attorney Empeno objected stating Mr. Gunn was leading the witness. . '> ... . o city of San Bernardino planning commission Meeting page 10 Minutes of 10/30/90 o Mr. Gunn asked did he see a document issued by the city of San Bernardino directing Mrs. Wang to apply for a building permit and did it have a time requirement. Mr. Robinson stated yes it had a 10 days. Mr. Gunn showed 3 documents marked Exhibit "C" from the Department of Building and Safety. Mr. Gunn asked several question regarding Exhibit "C" inclu- ding when the cards were pulled and if final inspections were made. Mr. Robinson stated he pulled the cards on March 26, 1990. Attorney Empeno objected to any testimony of the witness without the laying of proper foundation stating there has been no statement that the witness participated, witnessed, or has been involved in any type of final inspection. Mr. Gunn lead the witness through some foundational questions asking if he was present when inspections were made. Mr. Robinson stated yes. Mr. Gunn asked during construction did a problem arise with the roofing, did he re-roof the building, and did an inspec- tion take place on April 20, 1990. Mr. Robinson stated yes. Mr. Gunn asked if the city later came back and say to do it again. Attorney Empeno objected stating lack of foundation he also objected to the witness being a qualified witness to speak on a final inspection or any type of inspection made and that the Respondent has had amble opportunity to question building inspectors. Mr. Gunn stated it's not the duty of the applicant to bring forward witnesses for the city who would say they mayor may not have done an inspection and if it passed. He further stated the course of conduct by the city requires a job card be placed on the property and the signing off on the document is in the city's regular course of business and under the business record exception, that was sufficient evidence that the act was done. Attorney Empeno stated present but the objection inspection was done. he was not questioning if he was was the legal conclusion that final Mr. Gunn stated the document speaks for its self and that he . o City of San Bernardino planning commission Meeting Page 11 o . \ ... Minutes of 10/30/90 is entitled to question the witness on it. Chairman Lindseth stated Mr. Gunn could proceed. Mr. Gunn repeated his question regarding the roof. Mr. Robinson stated he had to redo the roof and they told him the code book was wrong. He stated when he first applied for permit he was told to nail 30 and mop it 90, he did that, it was signed off and within a week to 10 days they came back and said it was no good and had to put another 90 on the 90 that was already there and he did. Mr. Gunn asked if there and would it have been around. was an additional cost to do it again cheaper to do it all the first time Mr Robinson stated $10,000 and it would have been cheaper to do it all at once. Mr. Gunn asked how many job cards has he looked at in the city of San Bernardino for the last 20 years. Mr. Robinson stated hundreds. Attorney Empeno objected stating leading the witness with yes or no questions. Mr. Gunn asked if the inspector tell him if they authorized to sign the job card. Mr. Robinson stated they have badges and city cars so they must be authorized. Mr. Gunn asked had he ever applied for a certificate of occupancy for the motel. Mr. Robinson stated no. Attorney Empeno asked did he hold a State of California contractor's License, in what category was the license, and is that a General Contractors License. Mr. Robinson stated yes in category "B." Attorney Empeno asked did he hold a Roofers License. Mr. Robinson stated no. Attorney Empeno asked for his contractors License No. Mr. Robinson stated 406309. Attorney Empeno stated he referred to the "Code Book" and asked if that was the Uniform Building Code, did he have a . .. ... . o City of San Bernardino planning commission Meeting page 12 o Minutes of 10/30/90 copy, and did he consult it regularly in his course of business. Mr. Robinson stated yes but he did not have a copy and if you don't understand what they want you go up and ask an ins- pector. Attorney Empeno asked did he apply for a roofing permit and what type of roof did he list on the permit. Mr. Robinson stated yes but he was told just to put on a new roof. Attorney Empeno asked was he familiar with the Uniform Building Code specifying a table for roof classes. Mr. Gunn objected stating facts not in evidence. Attorney Empeno stated he felt he should be able to test his knowledge of the Uniform Building Code. Attorney Empeno asked was he aware of a table of roof classes which depend on the type of occupancy and did he know based on the occupancy a certain type of roof had to be put on. Mr. Robinson stated yes. Attorney Empeno asked several question regarding roof types. Mr. Robinson stated he knew the difference between the types of roofs and that a Class B roof was put on the motel. J ~ ""City of San serOdino n planning commission Meeting Minutes of 10/~90 Page 13 Attorney Bmpeno asked did he consult with a roofing contrac- tor prior to putting on the roof. Mr. Robinson stated the roofing contractor put the roof on he just smoothed it out. Mr. Empeno asked the name of the roofing contractor. Mr. Robinson stated he did not know off the top of his head. Attorney Empeno asked was it true the roofing contractor did not have a California contractors License in the roofing profession. Mr. Robinson stated he did. Attorney Empeno asked was it that had discussions with the putting on the initial roof. Mr. Robinson state it was him. the roofing contractor or him city of San Bernardino prior to Attorney Empeno asked who did he have the first discussion regarding the roof. Mr. Robinson stated Ron Gaston. Attorney Empeno asked the date of the conversation. Mr. Robinson stated the first of April of last of March. commissioner Lopez asked before he began to rehab the buil- ding was he told or advised that a revocation was taking place. Mr. Gunn objected stating facts not in evidence. Mr. Robinson stated no commissioner Clemensen asked was a roofing certification given to the city. Mr. Robinson stated yes. commissioner error in the not the error Sharp asked several questions code book including who told him was pointed out to him. regarding the and whether or Mr. Robinson stated the inspector time to look at the roof told him size roof should have a 30lb felt, a 15,000 sq. foot roof. Chairman Lindseth excused Mr. Robinson. that came out the second about the error and that a 40 hot and a 90 top for , , \City of San Ber2.dino Planning commission Meeting Minutes of Page 14 o 10/30/90 Mr. Gunn called John Lightburn to the stand. Mr. Gunn asked what was his profession. Mr. Lightburn stated Bernardino specializing and projects. he is a consultant in the city of San in land use and development problems Mr. Gunn asked at some the motel. point did he work with the owners of Mr. Lightburn stated yes Mr. Gunn asked did he take a certificate of occupancy down to the City in an attempt to file it and hand it to a clerk. Attorney Empeno Objected stating leading the witness. Arguments ensued among est the attorneys as to proper ques- tioning of witnesses. Attorney Empeno asked the commission to consider the question asked to each of the witnesses and determine that the res- ponse is a yes or no response and that is highly indicative of it being a leading question. Mr. Lightburn stated he would just tell the story. He stated about the time they believed there was a final inspection, Mrs. Wang asked him to deliver an application for Certificate of Occupancy and a check to the City. When he tried to submit the Certificate of Occupancy, he was told that the city would not accept it. At that time, the Senior Code Enforcement Officer, Mr. Empeno, Mr. Reed, and he believed Mr. Nolfo came out. He was advised by Mr. Empeno that attempting to do that would be a violation of a court order and they could all go to jail and under no circumstances were they going to violate a court order. He indicated that they were simply submitting the application and what they did with it was up to them, but they did not accept it and it did not get filed. Mr. Gunn stated if refused to accept pancy, he would be Mr. Reed testified an application for incorrect. that the city had not a Certificate of Occu- Mr. Lightburn stated that would be true. Mr. Gunn directed the commissions attention the page 14 of the October 9, 1990 minutes. Attorney Barlow stated Mr. Gunn should direct the questions to the witness and save any comments for the time of argu- ment. l <; o city of San Bernardino planning Commission Meeting page 15 4 . o Minutes of 10/30/90 Mr. Gunn asked Mr. Lightburn to read page 14 of the October 9 minutes to his self. He then asked if Mr. Reed's testimony was correct. Attorney Empeno objected stating the question was highly argumentative. Mr. Gunn stated he would let the minutes speak for themselves Attorney Empeno asked the date he went to the Planning Department and could he remember the month. Mr. Lightburn stated it was several days after the final inspection he thought september. Attorney Empeno asked was he aware a lawsuit was filed in the Superior regarding the motel at the time he came in for the certificate of occupancy and was he aware a judge had issued a preliminary injunction closing the motel. Mr. Lightburn stated yes. Attorney Empeno asked was it true he knew the judge ordered that the motel no be reopened. Mr. Lightburn stated he couldn't say yes or no to that question that he knew the judge had jurisdiction over the matter but did not think it would be any violation of any court order for submitting an application. He stated it was his understanding that in this matter when corrections and notices were given and corrections were made, that building permits and final inspections were made that the next step in the process was to file a certificate of occupancy and that's what we did. He further stated the City could receive the application and do absolutely nothing with it. Attorney Empeno asked was it true that I said there was an existing court order preventing the opening of the Motel. Mr. Lightburn stated he referred to it. Attorney Empeno asked did he recall him telling him that any act or attempt to reopen the motel would be a violation of that court order. Mr. Gunn objected to the question. Attorney Empeno stated had Mr. Gunn listened to the question, he asked whether he recalled his statement saying a particular fact. If Mr. Gunn disagrees with that premise made in may statement, he can disapprove, argue, or provide his interpretation of the court order or show the Commission a copy of the Court Order. Chairman Lindseth stated to continue. . ~ . . o City of San Bernardino planning Commission Meeting page 16 o Minutes of 10/30/90 Mr. Lightburn stated he believed that is what he stated. Attorney Empeno asked did he not also tell him that any act in violation of the Court Order could be held in contempt of court and therefore, punishable by imprisonment or a fine. Mr. Lightburn stated he believed those were his statements. Mr. Gunn asked was Mr. Reed standing around when Mr. Empeno made those statements about going to jail. Mr. Lightburn stated he believed he had joined the group. Mr. Gunn asked that was something that would make an impression that an incident took place. Mr. Lightburn stated he would think so. Mr. Gunn asked what was the next step after the City issued a certificate of occupancy that needed to be done before the motel opened for business. Mr. Lightburn stated none that he knew of. Mr. Gunn asked would a there be a requirement to obtain an approval by the court. Attorney Empeno Objected stating leading the witness. Mr. Lightburn stated in regards to this case the judge has jurisdiction over it that is what Mr. Empeno said and that is what he always believed. Mr. Gunn asked did Mr. Empeno advise him that an attempt to open the motel for business would have been a violation of the Court Order. Mr. Lightburn stated that's what he was lead to believe. Mr. Gunn asked did he differentiate between the issuance of a certificate of Occupancy and the actual closing of the doors for business. Mr. Lightburn stated he did not believe so. Mr. Gunn asked in his mind was that two different things. Mr. Lightburn stated yes. Mr. Gunn asked did he have an understanding about the prohibitions issued by the Court with regards to attempt to own or actual opening and operating of the motel. Mr. Lightburn stated no. · .. t 'city of San BerG-cuno n planning Commission Meeting Minutes of lO/Jei90 Page 17 Mr. Gunn asked at the time you went to the city in addition to code violations, were there more concerns of the city. Mr. Lightburn stated none that were brought to his attention. Mr. Gunn asked were there other concerns brought forth to the Court other than just code violations. Mr. Lightburn stated not to his knowledge. Mr. Gunn asked was he aware of any other proceedings. Mr. Lightburn stated he believed there was a proceeding still pending before the police commission. Mr. Gunn asked you were aware even after a certificate of Occupancy was issued there were still some pOlice commission concerns. Mr. Lightburn stated correct. Mr. Gunn asked in his mind was there a set agenda in the best way to obtain the appropriate approvals by the agencies. Mr. Lightburn stated the way he considered it that the judge had overall and final juriSdiction regardless of whatever actions might be taken. Commissioner sharp asked was it his understanding that the Court had jurisdiction over the Office of the City Attorney. Mr. Lightburn stated not particularly. Mr. Gunn asked did he ever speak with Mr. Penman with regards of this motel. Mr. Lightburn stated on several occasions. Mr. Gunn asked did he give you directions as to a potential sale of the motel. Mr. Lightburn stated he had conversations with Mr. Penman on occasions to discuss a qualified buyer, and by qualified one not only the capacity to purchase but a good operator somebody with a track record, something that could be verified and in those conversations it was his understanding that if a new buyer turned out based on his investigation that he would be amenable to working out the sale and reasonable conditions placed on the motel to protect the neighborhood. Mr. Gunn asked if such a person was located, said as to what the city would do with regards actions that were pending. was anything to or various . 1 . << o city of San Bernardino planning Commission Meeting Page 18 o Minutes of 10/30/90 Mr. LightbUrn stated it was his understanding that if this person checked out as a good citizen and one whose record was o.k., that the rest of the probl_s could be negotiated out and the mess unraveled and life goes on. Mr. Gunn asked on how many different occasions did he have conversations directly with Mr. Penman regarding those speci- fic issues. Mr. Lightburn stated without being specific as to time and date several in person at city Hall and 2 or 3 times on the phone. commissioner Clemensen asked you mentioned a good bonafide sale, would you please give me an interpretation of what that means to you. Mr. Lightburn stated he did not say a good bonafide sale he believed he said they would have a qualified buyer and by that not only one that would have the money to make the purchase by someone who is in the business of operating motels, someone who had local experience that could be verified such as Armando, and that was his understanding. commissioner Cl_ensen asked did he know what type of purchase it really was. Mr. Lightburn stated it's one person wanting to buy a motel from another. Commissioner Cl_ensen asked in his past expertise you do not know what an AITD is. Mr. Lightburn stated no. commissioner Clemensen stated they should all review docu- ments on page 2 Items 2 and 3. commissioner Stone stated he was confused with the sequence of events and was not sure when the Court Order was issued. He stated apparently a lot of repairs and inspections made and it seems some were done after the Court Order. He further stated it is normal procedure, if you are cited for repairs you take out a permit or whatever is required and go through the normal flow of event. He asked at what time did the Court say action could be taken to opening the motel and if Mr. Empeno is taking the position that anything they did to repair the motel is also then in violation of the Court Order. Mr. Gunn stated the best way to answer that would be to review the Court Order and see what it says as to repairs. Attorney Empeno stated he did not believe it has ever been II . ~ . o city of San Bernardino Planning commission Meeting Page 19 o Minutes of 10/30/90 the contention of City, the city Attorneys Office, the planning Department that the 1II0tel owner are prohibited frolll pulling building permits and expending 1II0ney and lIIaking repairs to the structure that is shown by the fact that there has not been any protest by the city in terms of issuing those permits, it is the city's contention that the owners with full knowledge the city had an intent to revoke the Conditional Development Permit did choose to go ahead to take out permits, lIIake expenditures, and do repairs. He further stated the date the court issued a temporary restraining order closing down the 1II0tel was on March 26, 1990. Mr. Gunn directed the COllllllissioners attention to the specific Court Order and read paragraph 2) on page 2 stating the Order is very clear the building is not to be rented or open for business until after the repairs as set forth in the March 23 notice and requested by the city to be performed were actually performed. Attorney Empeno stated Mr. Gunn was reading frolll the Tempo- rary Restraining Order and asked hilll to read the wording on the Prelilllinary Injunction which effectively closed the 1II0tel until a trial in this lIIatter or 1 year which ever cOllies first. Mr. Gunn stated the question was in the order of priorities on March 23 a citation was done by the city to correct within 10 days, on March 26 the Court said don't operate the 1II0tel until you lIIake the corrections, on March 26 a permit was sold to his client to lIIake the repairs as of that tillle there were no prohibitions to lIIake the repairs, if there is another order that Mr. Elllpeno would like to read frolll, he ask that he pull that Order and read frolll it. Attorney Empeno stated he IIIUSt lIIake a clarification of a gross inaccuracy in counsel's statements, as counsel would know there has been a prelilllinary injunction issued by Judge Kennedy in this case but he did not have it in front of hilll but he believed he was fully aware of it which effectively closes down the 1II0tel until the tillle of trial. The injunction was issued after he issued the Telllporary Restraining Order. The owner taken at his cost and told Judge Kennedy the cost that he went through, told hilll the activity he went through, and even in the face of sallie argument the Judge revised the Telllporary Restraining Order and issued an Order preventing any occupancy of the 1II0tel. He stated he would bring a copy of the Order, he has a copy of the transcript in his possession right there, which talks about the Judge'S rational and statements in issuing that Order. He further stated if Mr. Gunn stipulated, he would stipulate that the cOllllllission could read a copy of that transcript. Mr. Gunn stated he did not stipulate that but he would read for the COllllllission the Order that was issued on May 15, 1990 ,. ~ ~ ,. o o city of San Bernardino planninq commission Meetinq Minutes of 10/30/90 paqe 20 after repairs had been underway for 3 weeks. the Order. Mr. Gunn read commissioner stone stated he was still confused and it was his understandinq that the certificate of occupancy is the end result of qoing through the building permit as opposed to being a act of opening for business. Mr. Gunn stated that was correct. Attorney Empeno stated they wanted to be sure the judge's Order was complied with. Mr. Gunn stated the Order is quite clear in sayinq do not operate as a motel that there's a big difference between obtaining a certificate of occupancy and opening the doors for business. He felt it would be ludicrous to assume that he would advise their client to open for business. commissioner stone stated his recollection of what the 2 versions of the court Orders they heard makes the city's interpretation of the application for a certification of occupancy a catch 22 situation. Attorney Empeno stated if he listened to the court Order as read by Mr. Gunn, the first Order issued March 26 basically said that the motel could not be occupied until permits, final inspections, and Certificate of occupancy is obtained. The second Order which superceded the first one, stated that in direct terms that motel could not be reopened. commissioner stone stated he did not see what that had to do with the certificate of occupancy. Attorney Empeno stated the contention they were making is that no Certificate of occupancy should be issued by the city because it would be used by the owners of the motel as an arqument that the city should be stopped from arguing that the motel should be prohibited from reopeninq. Chairman Lindseth excused Mr. Liqhtburn. Mr. Gunn had no other witnesses at that time. Attorney Empeno called Larry Reed to the stand. Larry Reed, Director of planning and Buildinq Services. Chairman Lindseth reminded Mr. Reed he was still under oath from the previous hearing. Attorney Empeno asked several questions regarding Mr. Robin- son's testimony and if it was accurate and complete. Mr. Gunn objected stating lack of foundation. " ~ . .. o o city of San Bernardino planning commission Meeting Minutes of 10/30/90 Page 21 Attorney Eapeno asked were there any other documents besides the ones offered into evidence by the owners of the motel regarding the inspections performed. Mr. Reed stated he had the 3 field job cards, city's copies of the buildings permit, and a copy of the field correction notice dated May 8, 1990 signed by Ron Gaston concerning the roofing inspection. Attorney Empeno asked him to summarize for the Commission his education and experience in building and safety code matters in particular the Uniform Building Code. Mr. Reed stated by education he is a trained architect in the State of Illinois, has been the building official for Urbana, Illinois for approximatelY 7 years, was building office in Eugene, oregon for 10 years from 1979 to 1989, responsible for all the building code interpretation, certified building official in the STate of Oregon, took the state exam which covers plumbing electrical, mechanical and structural, currently carries the title of Building Official for the city of San Bernardino as Director. Also certified plans examiner and building official and building inspector by Building Official Code Administrators International out of Chicago, Illinois. In terms of practitioner of the Code both in oregon and California used daily the California Building Code Title 24, which is based upon the ICBO Uniform Building Code, situated in Whittier, CA. Attorney Empeno asked to state the applicability of the Uniform Building Code of the city. Mr. Reed stated the Uniform Building Code has been adopted by the State as the California Building Code and they have adopted the CA Building code as the city's Building Code with amendments. Attorney Empeno asked that he look at the testimony of Mr. Robinson provided regarding the roofing and asked was that the process which was followed. Mr. Gunn stated he assumed the witness was only looking at Exhibit "c" and that he has not had a chance to review the other documents in front of him. Mr. Reed stated inspection noted a follow up date 1990. looking at Exhibit "C" there on April 20, 1990 signed by Ron of approval of roof covering was roofing Gaston then on July 17, Attorney Empeno asked to explain the process to receive the City's approval for re-roofing. Mr. Reed stated the applicant, contractor, or owner needs to ~ 'l ..City of San Be~rdino planning commission Meeting Minutes of Page 22 o 10/30/90 come in and fill out an application. If they want a roofing permit, they try to ask questions Gout the contractors knowledge. The ):)uilding code requires that for certain types of ):)uildings certain types of roof covering need to ]:)a applied. The ):)uilding code does not specify exactly how roofing is to ):)e applied it is up to the contractor to pick a roofing system that meets one of the classifications for the type of ):)uilding and the occupancy. Then the contractor has permission to start work. They make progress inspections and if we determine it meets the requirements of the code, they will sign off on it. If there is a question Gout the type of roofing or contractor did not call for all the progress inspections, sometimes we require the roof ):)e cored to see if the all material has ):)een installed. Attorney Empeno asked did he agree with Mr. Robinson's testimony. Mr. Gunn objected stating lack of foundation. Attorney Empeno stated Mr. Reed, ):)eing the director, is not the person who goes out and makes the inspection, but he is the person who has overall responsi):)ility for the department. Mr. Gunn stated foundation must be laid before testimony is given. Attorney Barlow stated the witness can testify to his know- ledge and understanding as director of the department, the directions given to staff, interpretation of the documents, he is not testifying to what he has seen out on site. Mr. Reed stated it was his understanding that Ron Gaston had reason to ):)elieve the contractor had not followed the specifications required and he cam back talked with Senior Inspector on how he could substantiate the roof to):)e cored based on his beliefs. The Senior Building Inspector told him that was a option. When the roof was cored, part of the building the contractor put on the correct roof but the other half the contract did not install all the material based on that the contractor was asked to go ):)ack and make right the rest of the roof. Mr. Gunn asked on what date did he go out an look at the roof. Mr. Reed stated he did not personally go out an look at the roof. Mr. Gunn asked on what date did he speak to Ron Gaston. Mr. Reed stated he became generally aware of it sometime around the end of April. Mr. Gunn asked what date did Ron Gaston talk to the Senior ~ ~ . ~ o o city of San Bernardino planning commission Meeting Minutes of 10/30/90 Page 23 Inspector. Mr. Reed stated he was not sure. Mr. Gunn asked the name of the Senior Inspector. Mr. Reed stated Joe Lease. Mr. Gunn asked who told Ron Gaston that the roof was not up to code. Mr. Reed stated he had no personal knowledge. Mr. Gunn asked Mr. Reed to check the file for that infor- mation. commissioner Stone asked the purpose of the questioning. Mr. Gunn stated he was testing the foundation of why he was making those conclusions. Mr. Reed stated Ron spoke to Joe around April 20th but there was no information in the file. Mr. Gunn asked was it Bill carey who told Ron Gaston the roof was not up to code. Attorney Empeno objected stating irrelevant. Mr. Gunn asked if a core section was taken out of the building. Mr. Reed stated that was his understanding from reading the field notes that were done by the inspector. Mr. Gunn asked did he have them present with him today and did they exist in a City file somewhere. Mr. Reed stated no it was not typical to keep the kind of information that they do not do the cores themselves they usually have someone take the core and verify the results to them. Mr. Gunn asked who took the core and who verified the results. Mr. Reed stated he did not know. Mr. Gunn asked was it true nobody verified the results. Mr. Reed stated it is the job of the building inspector to verify the results. Mr. Gunn asked the building inspectors file he just looked through documents who verified the results. ~ 11 . I. Ci ty of San Bernardino planning commission Meeting Minutes of 10/30/90 Page 24 o O. Mr. Reed stated the inspector wrote the field correction notice which explains what the results were. Mr. Gunn asked is it the responsibility of the building inspector to put in his notes who verified the results. Mr. Reed stated in terms of like a police office does his report - no., Mr. Gunn asked did he require that if a building inspector has documentation verified they put something in the file showing it was verified by the company. Mr. Reed stated no it is the responsibility of the contractor, if he believes the inspector made an error, there is a procedure to raise that issue to the building official. He would review the facts and if the contractor believes he has erred, the City has a construction Code Board of Appeals they can appeal to. Mr. Gunn asked does the field correction notice say who verified the results. Mr. Reed stated the contractor and the owner did not question the results of that and that the building inspector specifies the results of his inspection based upon after coring the roof. Mr. Gunn repeatedly asked who verified the results. Mr. Reed stated they do not have the equipment to core the roof that they have the roof cored either by contractor or by . an independent testing lab then a sample of that is delivered to the inspector and he looks at the results of the core. Mr. Gunn asked who took the core sample. Mr. Reed stated he did not know that none of the documents he had with him tonight showed that information. Mr. Gunn asked was it standard procedure for the documents to not indicate such important things. Mr. Reed stated they do not have the room nor system to keep such information and if no question they only keep thing for a short period of time. the filing is raised, Mr. Gunn asked the document does not have enough room to say who did what. Mr Reed stated there may be such a document but he did not have that information. Mr. Gunn asked several questions regarding a roofing and a l l: ., 0 city of San Bernardino <:) planning commission Meeting Minutes of 10/30/90 Page 25 contractors license. Discussion ensued amongest Commissioner Stone and Mr. Gunn as to the relevancy of the questioning. Chairman Lindseth instructed Mr. Gunn to continue. Mr. Gunn asked if roofing was the same in Illinois as in california. Mr. Reed stated yes. Mr. Gunn stated no specific requirement it depends on the system the contractor picks. Mr. Reed stated some generic types of roof covering in that maybe applicable determined by contractor not up to to design a re-roofing system for the building owner. code city commissioner was a flaw knowledge no Sharp asked from his testimony he understands it in the roof not a flaw in the code and from his one told Mr. Robinson it was a flaw in the code. Mr. reed stated not to this knowledge the code is there was a flaw he would hope staff would bring attention so he could bring it to the attention of writers for a correction. a code if it to his model code commissioner Sharp asked what are we doing here that does not fall under the Order of Judge Kennedy. Attorney Empeno stated there was a substantial period of time between when it started and the time it reconvened on October 9 at successive meeting between those dates there were continuances of the hearing stipulated to by both attorneys reason to explore all possible avenues short of revocation. Explored possibilities of conveyance to Mr. viginelli or other parties, change in project converting to senior citizen complex, and change in use after exploring all of those possibilities and discussing some with a variety of depart- ments in the city, our office believed that the only real solution to the problem was a revocation. Mr. Gunn asked if the job card showed the roof passing inspection. Mr. Reed stated he believed it did on July 17, 1990. ~ ~ l'City of San Be~rdinO planninq commissione Meetinq Minutes of paqe 26 o 10/30/90 Mr. Gunn asked if a final inspection took place on September 17, 1990 from readinq the job card. Mr. Reed stated a final construction inspection siqned off on that day. Chairman Lindseth excused Mr. Reed. Attorney Empeno called Bob Spindler to the stand. Mrs. Olivo-Gomez administered the oath to Mr. Spindler. Bob spindler, oectective with San Bernardino police Depart- ment assiqned to vice Investiqation unit for 17 years. Attorney Empeno asked did he brinq any particular documents reqardinq calls for service at the motel within the past year. Mr. spindler stated yes. Attorney Empeno stated he was passinq out the document he would like to have labeled as Exhibit "5." chairman Lindseth accepted it. Mr. spindler described Exhibit "5" as beinq a printout supplied by the Crime Analysis Division at the police Depart- ment. The information comes from the data processinq divi- sion supplied to the Crime Analysis unit. It consists of police calls for service in the 600 Block of North "0" street with a time period of January 1990 throuqh October 1990 each paqe contained one month. Attorney Empeno asked him to summarize the information in the document in relation to the motel. Mr. Spindler stated the first 3 months of 1990 there were 67 total reported calls for service of those 67 calls 42 were related to the motel. startinq in April a drastic decrease in calls throuqh October. there 49 calls 10 for the motel. Attorney Empeno asked his opinion for the decrease in calls. Mr. Spindler stated his opinion was based on his observations of the City. Since the closure, he has noticed a siqnificant decrease in pedestrian traffic in the area of the motel, hard pressed for seeinq a known prostitute in the area. Mr. Gunn objected statinq speculation without the foundation statinq they did not know who prepared ments, what the basis was, the accuracy, how or why prepared, and just call on pure speculation. lack of the docu- they were Attorney Empeno stated he felt it was hiqhly appropriate the <l- t . ( o o city of San Bernardino Planning commissione Meeting Minutes of 10/30/90 Page 27 very issue is whether the use permit should be revoked and should the structure be permitted to house any residents as a motel and the information provided is relevant to that issue. As far as the accuracy and authenticity, Mr. Gunn can acquire from the witness on cross examination. Chairman Lindseth stated he was also concerned about the document as far as source of the date, how it was compiled or manipulated or refined or reduced that nobody had that information available. Attorney Empeno asked may he inquire from Detective spindler if he is aware of the process involved. Chairman Lindseth stated that was acceptable. Detective spindler stated he could give a general impression of how it is done. Mr. Gunn objected stating either he knows or does not know. Attorney Barlow stated he is not saying he is guessing he is giving his general impression of his knowledge. Mr. Wieser objected stating it did not meet to a foundational question. Chairman Lindseth stated to continue and state his knowledge and insight in the preparation of the report. Detective Spindler stated the police dispatch center is computerized, calls recieved for service are entered at the time received it goes into some type of data bank which is then picked up by the city's Data processing and stored there and that's where we retrieve this type of information. The City obtains the information directly from the police Department. Attorney Empeno asked him to review the first page and identify the information in each column starting with the second column. Detective Spindler described each column giving the defini- tions of the number and letters. Attorney Empeno asked about calls regarding prostitution in the downtown area. Mr. Gunn and Mr. wieser objected stating lack of foundation. Detective Spindler stated prostitution has decreased in the area. Mr. Wieser asked appear did those under the location column #18 and relate to room numbers that there are #215 only \ ~ 0 0 city of San Bernardino Planning commissione Meeting Minutes of 10/30/90 Page 28 50 units in the motel and if 1215 was called where did they go stating it must be an error. Detective spindler stated the number was just called in that it did relate to room numbers. Mr. Gunn asked several questions regarding Exhibit "5" and the crime rate in the surrounding area. Detective spindler stated yes and no to a majority of the questions. Discussion ensued amongest the attorneys as to the validity of Exhibit "5". Exhibit 5 was entered as evidence. Chairman Lindseth asked if closing statements could be made and finished by 11 o'clock, or should the item be continued. commissioner Stone made Conditional Development 1990. The motions was unanimously carried. a motion to continue Revocation of permit Number 198 to November 13, seconded by Commissioner Lopez and Discussion ensued amongest the attorneys and the Commis- sioners as to whether or not each of the Respondents attorneys could make closing statement. It was resolved only one attorney could make the closing statement * * * * * There being no further business, the meeting was adjourned to the next regular meeting of the Planning commission to be held on Wednesday, November 7, 1990. 10:50 p.m.\\ ~ . ~ .f c:> City of San Bernardino <:) Planning commission Meeting Minutes November 13, 1990 Chairman Lindseth called the meeting to order at 7:10 p.m. in the RDA Conference Room, 4th Floor, city Hall. The following Commissioners were present: Clemensen, Jordan, Lindseth, Lopez, Sharp, stone. Absent: Cole, Corona. Staff present: Olivo-Gomez, Reed, Taitague. Senior Assistant city Attorney Dennis Barlow and Deputy city Attorney Henry Empeno were also present. The Salute to the flag was led by Chairman Lindseth. * * * * * The approval of Meeting of October commissioner Lopez, unanimously carried. the minutes of the Planning Commission 30, 1990 were approved by a motion from seconded by Commissioner Clemensen and * * * * * ITEM NO.1 REVOCATION OF CONDITIONAL DEVELOPMENT PERMIT NUMBER 198 subject property is a rectangularly-shaped parcel of land consisting of approximately .86 acres having a frontage of approximately 125 feet on the east side of "D" Street and being located approximatelY 365 feet north of the centerline of 6th Street and further described as 655 North "D" Street. The subject site is located in the CR-2, Commercial Regional Downtown, General Plan Land Use Designation. The city proposes revocation of Conditional Development Permit Number 198 under authority of Code Section(s) 19.78.110 (A.) (2.) (3.), to revoke approvals for a 50-unit motel. Owners: Lei & Cindy Wang Applicant: City of San Bernardino Ward: 1 Exempt from CEQA (Class 21); Staff recommends revocation Conditional Development Permit Number 198 Chairman Lindseth statement to limit the City can use remarks. asked the person addressing the closing their time to 30 minutes in of which time a portion to rebut or respond to the Senior Assistant City Attorney Dennis Barlow stated he believed the City should go first. Deputy city Attorney stated before he began he would like to clarify for the record that with Exhibit 1, which was the staff report dated April 17, 1990, were a series of documents that were inclusive in the City's Planning Department file with the exception of one document which was the actual plot plan (located behind them on the post). This Plot Plan was meant to be included as part of the exhibit and he would like the record to reflect that the document be incorporated with Exhibit 1. A reduced copy could be made so that that ~~ ~~ity of San Ber~dino ~ Planning Commission Meeting Minutes of 11/~90 Page 2 original could stay with the planning Department with the agreement of Mr. Gunn. Andrew Gunn stated he had purchased copies of the documen- tation at a cost to his client but has not been provided with a copy of that map by way of any sort of discovery process and objected. He stated it was made quite clear at the last hearing that time for testimony and entry of exhibits was over and it is too late now to go in and add documents. He stated if they wanted to do that, he would most likely move to reopen the public hearing and have several other witnesses brought in and he did not want to go through that. Attorney Empeno stated he believed that the map was brought to the very first Planning commission Meeting on May 8, 1990 and was referred to by staff in their opening remarks and has also been referred to in the staff report, so it is not a new document just a clarification for the record, and if Mr. Gunn has a similar type of document that he wished to present to the Commission, he would have no objections. Mr. Gunn stated the document was clearly not marked, has not been marked as an exhibit, and is not an exhibit. chairman Lindseth stated this was an administrative hearing not a formal court hearing and thought it was well understood by all parties concerned that the plot map is the structure they have been addressing for several meetings. He honestly believed it was an omission from the record which had been provided to everybody, was referred to and eluded to in every shape and form possible every meeting numerous times and seen no reason why it should not be included in the evidence. Mr. Gunn stated it did have information on it that was not testified to by any of the parties. Chairman Lindseth stated he did not think that had any bearing on the information whatsoever. Mr. Gunn stated if it had no bearing then it does not need to be admitted in to the record. Frank Wieser, attorney, stated even though this is an admini- strative hearing he thought case law clearly stated this is a quasijudicial proceeding. so, even if there are relaxed rules of evidence, it still has to proceed along some form of formality and certainly one basic assumption is laying the foundation for a document and admitting it into evidence. Chairman Lindseth stated to let the Commission amongest itself. decide Chairman Lindseth asked if anybody on the commission opposed to the inclusion of the plot plan as documented evidence. There was no opposition and the document was included as .. . '~i ty of San BerQdino t"'\ , Planning commission Meeting Minutes of 11/~90 Page 3 . evidence. * * * * * Mr. Empeno's Closing statement: Attorney Empeno stated in the three long evenings that the Planning commission had met on the Revocation there have been a series of exhibits and a series of witnesses that have brought the evidence supporting revocation to the Commis- sion's attention. The five exhibits brought in to evidence include: Exhibit 1 Staff Report dated April 17, 1990 inclusive of the exhibits in it: Exhibit 2 - Declaration of David Stachowski, city Attorney Investigator, that was submitted into evidence in the Superior Court case: Exhibit 3 _ copy of San Bernardino Municipal code Ordinances Section 19.78.110: Exhibit 4 Further Declaration of David Stachowski, City Attorney Investigator, that was submitted in the Superior Court case and: Exhibit No. 5 A Computer printout, testified to by Detective Bob Spindler showing the calls for service received by the city from January 1, 1990 to October 17, 1990 showing the 600 block of North "0" Street and more specifically the class for service for 655 North "0" Street. Copies of all the exhibits have been furnished to the Commission on previous hearing dates and have been provided to opposing counsel. To summarize, there have been numerous witnesses that have testified, various business owners, and employees of businesses neighboring the motel. He stated they may recall on the first evening of May 8, 1990 John Buckner, Dick Styler, Bill carey, Trina Morris, Randy waite, and Jerry Brown testified. on that same evening Charles Reynolds, assistant Fire Marshall testified. On October 9, 1990 David Stachowski, City Attorney Investigator, Detective Robert Spindler of the San Bernardino police Department, Building Inspector Dany Nolfo, in addition to various business owners and employees of neighboring businesses: Dick styler, Bill carey, Raymond Negrete. In addition to those witnesses and their sworn testimony, he had sworn declarations from a variety of people inclusive of City staff. Some names that have been mentioned have been included in Exhibits 2 and 4. Numerous declarations from Building and safety, Fire Department, and police Department employees. There are also declarations from three former tenants of the motel as well as a declaration from a former employee testifying to the prostitution and drug dealing problems most recently. Also in David Stachowski's Declaration are copies of police Department records as well as court records showing the records of 14 people who have been arrested and convicted of a variety of prostitution and drug charges related to the motel. ;. . . ^. ieity of San Be~d~no . Planning Commission Meeting , Page 4 Minutes of 11/~90 Through all the evidence that was presented, through all the testimony of witnesses, and the documents they have seen, they are arguing that the Conditional Development Permit for the motel should be revoked pursuant to Section 19.78.110 of the San Bernardino Municipal Code in particular Sections (A.), (2.), and (3.). section (2.) being that the permit was being exercised contrary to the Conditions of the permit in violation of applicable licenses, permits, regulation, laws and ordinances of the city; and (3.) that use, for which permit approval was granted, is being and has been exercised as to be detrimental to the public health and safety and constituted a nuisance. To break that down for the commission what they are saying is that the conditional development permit, as exercised by the present owners, over a long period of time not just for the last couple of months or last two years but since 1983 have been exercised in violation of the conditions of that permit. There were numerous Building Code violations, Municipal Code violations, a series of notices of correction had been issued by the city, and a long history of crime problems related to drugs and prostitution. The District Attorney's office in 1986 initiated civil lawsuits trying to close the motel because of those problems. There are violations of conditions, such as not maintaining the landscaping, parking areas, sprinkler system, not complying with transient usage, modifications of the building premises without approval, lack of maintenance of the pool, removing the putting green that was suppose to have been there since he initial approval of the motel. Also, the number of units being permitted 50 and currently having 52 units and various kitchen facilities and equipment being used in violation of the transient use that the motel was permitted for. with all that testimony and all the evidence they ask that the Commission revoke the Conditional Development Permit. * * * * * Discussion ensued amongest the Commission, staff, and the attorneys as to whether one or both defending attorneys would make closing statements. commissioners Jordan, Sharp, and stone stated it did not matter to them as long as they stayed within the 30 minute time limit. commissioners Clemensen and Lopez felt only one should speak. A split vote was taken as to whether one or both attorneys should make closing arguments. The votes was as follows: ONE: Clemensen, Lopez, Lindseth BOTH: Jordan, stone, Sharp Attorney Barlow stated it was the Chair's decision in a split vote. chairman Lindseth stated one attorney would have the pleasure ) \- ~ 0 ."'-do }C1ty of San Be~ 1no ~Planning Commiss10n Meeting . Page 5 Minutes of 11/~90 of introducing closing comments. * * * * * Mr. Gunn's Clossing Statement: Mr. Gunn stated, the Commission needs to look at where the case came from. First, do they have the power to do what they are doing? The city Attorney's office has under the civil Code a decision to elect the remedies. Civil Code Section 3491 provides lithe remedies against a public nuisance are (l) an indictment or information; (2) a civil action; or (3) an abatement." What has the city done? They have l} filed a criminal action against Larry Wang; 2} filed a civil action; and, 3} they have filed some sort of abatement. An abatement is defined as a public nuisance that may be abated by any pUblic body or office authorized thereto by law. The Code is real clear. You are allowed one of three remedies that is remedy number 1, 2 or 3 not all three. There is a clear violation of his clients constitutional rights if the City is going to elect all three remedies in direct controversion to the standard Civil Code which the board must rely upon. There was little testimony, but the city Attorney's Office did file a criminal action against the manager of the property as well as later substituting in the owner. Clearly all three are being sought, and it is clear, at this point, this Chair, this Commission, does not have the authority to proceed because there has been a previous election of remedies. Our Health and Safety Code section of the San Bernardino Municipal Code section 8030.010 adopts the civil sections. It also has a section that deals with a nuisance and the proper method for abating it. commission meeting is not the proper method. City Code public This There is, in addition to that, meeting to suspend or revoke the Motel. So, in addition to using City is only allowed to use additional one. The attacks on they need to look at some of the a pending police Commission City Business License of the three of three in which the one of three, they have an his client are numerous and factual issues. He thought it was clear there was a point in time that people were staying in the motel that mav have been causinq a disturbance. If you want to take the time to go through the police Reports, you will note out of the first 20 only 4 apply to the Motel. The vast majority deal with a drunk on the bus stop and deals with other items that were not at all attributed to the owners of the Motel. In fact, one of the reports is where two men, who meet at the Grand Central Station Bar behind the motel, decide they want to share a room. They climb over the fence, go in, and rent a room. One the the men loans his cars keys and the car to his new . ~ ~rcity of San Be~dino ~ ~Planning commission Meeting Minutes of 11/~90 Page 6 friend, who hits the road and never comes back. Is that the fault of the Motel? That is the documentation that is being used to compile that mass of documents. There were some arrests that took place at that location and some crimes that took place. You will recall the last witness from the police Department indicated anytime you take 50 families and put them into a small area, using a low income area, in one of the highest crime rate areas in the city, you are going to have problems. There are problems in the area, but whether or not they are directly attributed to the Motel, he supposed is up to the commission to decide. They need to look at why they are here, how did they get here. The city came out and said there were some problems. They issued a correction notice in February and those items were corrected on February 26. The City came back on March 23, 1990, they handed to the motel a notice prepared on March 15. There is a request in the document by the City, a mandate, that says secure the vacant units within 10 days and pull a rehab permit within 10 days. The city says you shall, you must pay us money and pull a rehab permit. Less than three days later on March 26 his client did that. There's a representation inferred by the city authorizing a permit, not really authorizing the correct term is to sell. The City says they want their money, give us your money, we will sell you a permit. The permit is sold on March 26 in the early afternoon hours. Later in the afternoon, the City runs in to Court and they say, Judge Kennedy, we want you to not let the business operate. He stated they argued at the last hearing over those orders and the Order said do not operate the motel and they have complied 100%. They continued on with the Rehab of that building pursuant to the request of the city and he thinks the commission needs to look at the Code sections under Negligent Misrepresentation or maybe more importantly, Intentional Misrepresentation. The City made representations that if they pulled a permit they would give them a final inspection, they would give them a Certificate of Occupancy and they want them to operate. Why else would they say to pull a permit. That was the inference led by that document. What did his client do, exactly what they were suppose to do, pull a permit. They sank $100,000 into the property in order to rehab, restore it and actually put in items that are above and beyond the original requirements of the original permit. Now, the city says, oh well, we lied, we misrepresented to you, we don't want you open for business, we wanted you to waste $100,000, we wanted to extract your fee for the rehab permit, and now we are going to close you down. That is exactly what has happened. Mr. Empeno will probably argue, oh wait a minute, they knew , . ~ ~ity of San BerAC)bino ,.. 3Planning Commission Meeting Minutes of 11/1~O . Page 7 we were going to do this, we thought we might do this, we thought we were going to try and close them down. That is not what is important. What is important is what the documentation said. Dany Nolfo on behalf of the city said, pull a rehab permit. There are some choices that the city has at this point. Some choices the commission has. They Can say maybe it's not fair that we told those people to go out and sink money into that. Maybe we might get sued being the city for negligent representation. Maybe we might get sued for intentional misrepresentation. Maybe what we ought to do is to do what is reasonable. This case came around back in 1986, and he realizes that. He was active in those hearings and represented the owner and there was a resolution that was perfectly acceptable to all parties. The resolution was along the lines of not to rent a room for more than once a day, so you can't have somebody come and rent it for a short term rate, not have any short term rates. The owner will go along with that. Increase the security, they have. They have video cameras that will show the entire parking lot area. There was a requirement that every person in the room, not only just the registered guest, show proof of identification and that was presumably so that if you had a prostitute come, the prostitute won't run in and rent a room if she has to run back out and get her John to give the driver license to take in. It was presumed people using prostitutes don't like to have there driver's license name and information plastered where it is going to be reviewed by city Personnel. This Commission should be in the business of keeping downtown businesses running not destroying buildings, not committing waste, not having a building sit empty that has 4 or 5 calls (police calls) in the last one month reporting period to an empty building, as you are going to have as the building gets vandalized and the property value goes down. There is a way for the city Planning Commission to make some limitations if they think it is necessary. There was a concern over the way the business was being operated. Mrs. Wang clearly testified she had her own job going on in Los Angeles. Her and her husband were not checking up on the business on a regular basis. The city Commission has heard from Armando, a buyer, who stands to lose money if the transaction does not go through, although there is no "cash in escrow." There is a legitimate escrow, he wants to buy the property that would keep the property open. Armando has been cleared by an investigation, of some sort, by Mr. Penman. He is an existing business owner and the Commission has access to information as to whether or not he's violating terms and creating problems to other neighbors. This Commission could easily say let's think about this. Let's let Armando purchase the property, let's \ '~~ity of San Be~dino ~ Planning commiss~on Meeting Minutes of 11/~90 Page 8 not revoke the permit. Let's say the permit can proceed so long as Mr. and Mrs. wang do not operate the Motel. They will give him that one, they don't want to operate it, they just want to be able to sell it and save there savings, save there investment. We will let somebody we know who can run it appropriately run it and that is Armando. If the Commission is all that concerned, they could say why don't we have some sort of security guard during the worst hours from 8:00 p.m. to midnight every night for six months, for two months to make sure there is not a problem. The Commission can review the matter in the future. The commission also needs to look at the injunction that has closed the motel issued by Judge Kennedy. That injunction said that the motel is under his jurisdiction pending his determination of how he can abate the nuisance. Judge Kennedy can only abate the nuisance for one year. We are now 8 months into that. Judge Kennedy can permit that building to open in four months pursuant to the existing law. Nobody wants this motel shut down other than the City Attorney's Office. They want to set a precedence to tell other motel owners, see what we can do. We got you by the neck. We got you right where we want you. I think that the message has been clear Mr. Penman, or maybe he thinks he's Judge Penman, with all of his statements to the newspaper we will close them down, we will this we will that. Needs to look at some realistic facts in the business world. We are a city on the move somewhere. Are we moving forward with progress or are moving just to shut down existing businesses that create a revenue. If you look at 50 families in that motel. If each family has an income of $1,000 a month each motel room, that's $50,000 a month in lost revenue before it gets rolled over and over in our community. $600,000 a year, and that is being extremely conservative, on the amount of money that is spent in our community. We can look at the sales tax loss, the loss to the City, the loss to other businesses. It will be interesting to see what Judge Kennedy has to say when somebody from the City Attorney's Office has to go in and say, oh by the way, you issued an Order that said do nothing with this building until you come back to me it's under my control, and we took it all away from you. He does not believe we have the authority to close the building down on that basis. Larry Reed in his Commission recommendation, or at least one that bears his name at the end that was prepared by somebody, signed by Larry Reed, or signed by somebody purporting to be Larry Reed, says that there were suppose to be automatic sprinklers in that building. He bet that if they looked on the plot plan, that Mr. Empeno wanted in today, they won't } 1,eity of San Be~dino ~ ,. Planning CommisS1on Meeting Minutes of 11/~90 Page 9 find an automatic sprinkler system. What's happening is that over the years, because this is an old one, we have now added additional requirements to them. One last comment, a motel is a permitted and conforming use in that location. If that building burns down, a new one can be put in. Let's go south one mile, Mr. carey has a car lot that is a non-conforming use. If that building burned down tonight, he could never be rebuilt. So what you are doing is letting non-conforming uses come in and control a conforming use. Seems a little interesting to him that they are going to, maybe run with the statements of a non-conforming use. There is substantial non-conforming uses in the area in the same block. There should be a separation of powers. The city should not be allowed to 1) run a Planning Commission, 2) employee a city's Attorneys office to advise planning Commission, 3) employee somebody else from the city Attorney's office to advise the Planning Commission during half of a meeting, Mr. Empeno in the first meeting, and then say oh wait a minute, I don't advise you anymore I'm going to switch hats. There should be a separation of powers between the planning commission and Judge Kennedy. There is a separation of power. Clearly this is the sort of decision that ought to rest in a court not in front of a commission. He thought the simple way out for everybody's benefit was to sit down an devise a set of regulations that permits the business to remain open and to protect the community. That's what we all want. He stated he has a business one block away from there. He's around the corner diagonally, less than a block away from that business. He's been there four years in that location. He's very sensitive to what is taking place in the area. He thinks the businesses should stay open down there and he thinks the Commission has an easy way to do it and that is to devise a set of requirements that say we are concerned, we are all concerned, let's see how it works. Let's put a legitimate operator in there, Armando. Let's put down some legitimate requirements and let's let the City derive revenue. Let's let this city on the Move, move forward not backwards. Attorney Empeno's Rebuttal: Attorney Empeno pointed out that the absence of any factual arguments in Mr. Gunn's closing, and also throughout the presentation of this case, he thinks supports the contention of the city and their argument that there are no real factual contentions here. They have a series of declarations and numerous witnesses have testified. There really hasn't been any contradiction in any of the documents or in any of witnesses produced by Mr. Gunn. At most, Mr. Gunn has provided what he calls legal arguments to the Commission, and ) -,. l,city of San BerOdino n Planning commission Meeting Minutes of 11/~90 Page 10 he ask that the commission not be fooled by the smoke screen of those legal arguments. Had there been any basis in case law or statutory law to any of the legal arguments Mr. Gunn posed to them, he would be in court today getting a temporary restraining order, preli- minary injunction by the court, by Judge Kennedy prohibiting this very meeting from taking place. The fact that he has not, the fact that the court right now has jurisdiction on the civil case, where he could have easily, if his argument has any legal support, gone to Judge Kennedy and gotten the temporary restraining order, preliminary injunction. He could of done that. It really amazed him to see a gross mis-statement of the law and he felt there has not been any legal research by Mr. Gunn on this issue. They are ludicrous legal arguments that he is posing to them. He could cite to them a long history of court cases, court of appeal decisions dating back to 1971 from Henry O'Hagen vs. The Board of Zoning Adjustment of the city of Santa Rosa and other cases since then that talked about the numerous options available, which are nonexclusive to any city or county in such a proceeding as before this Commission. The city has every right to proceed, under its own administrative powers, in closing a business down as a public nuisance, which we have done in this case. We have every right to proceed in a civil lawsuit, as the City has done in this case, in suing the motel and obtaining restraining orders and preliminary injunctions closing that Motel down for 1 year in the superior Court case, and the city has every right to go before this commission, as well as to the council, to request a revocation of a conditional use permit, of a conditional development permit, as this one is, and ask this Commission to revoke it. Had there been any exclusivity in Civil Code 3491, which there isn't, Mr. Gunn could have easily had Judge Kennedy order a stop to any of the city's proceedings other than that one civil case and that was not done. Likewise his legal arguments regarding some sort of misrepresentation of the City and their telling the owners of the Motel that they have correction notices, numerous Building Code violations, and at the same time, in that same letter dated March 15, 1990, the City had informed the owners that the City would be starting proceedings for revoking the permit 1960-198, referring to the year and the number of the permit for the Motel operation at 655 North "0" Street. The owners of the Motel were not misrepresented given this representation. They were notified at the beginning and again had there been any legal authority supporting such a theory, which there was not, Judge Kennedy would have again not ordered a closure of that Motel. That same argument was posed to him and he did not buy it and he ask the Commission not to buy it either. 1 ~ 1,City of San Be~dino ~ Planning Commiss1on Meeting Minutes of 11/'-'90 Page 11 Mr. viginelli did testify to you as to his discussions with the city Attorney's Office. He ask the commission to only consider Mr. viginelli's financial interest in purchasing the Motel as coloring his testimony. We are not disputing his testimony that there were discussions with the city Attorney's office and with the planning Department regarding a conveyance of that property for 5 months from the date of the first hearing of May 8 to October 9, the second date of hearing. Five months passed during which their Office as well as the planning Department discussed the matter with the owners, their attorneys, their representatives, John Lightburn, council Members, and they discussed the matter with Mr. viginelli. They looked at every conceivable alternative short of revoking the permit for the motel and looking at a possible conveyance of the property owners, looking at other possible uses. They came to the conclusion that a revocation of the permit was the only solution that was viable. Now, that does not mean to say that the structure can no longer exist. That structure could be converted to be consistent with what is designated in the General Plan. If designated for a commercial use, it could be converted to a number of other types of commercial uses. The structure could easily be demolished and a new structure erected in its place. Their position is that a motel is an improper use of that location under this permit and that this permit has to be revoked because of all the crime problems, the drugs, prostitution, the Building Code violations, the violations of the very conditions of this permit, and the most important evidence supporting that conclusion, was the very testimony of the property owners in the surrounding vicinity. I ask the Commission not to ignore the change in circumstance since the closure of the motel. Since the closure of the motel, there has been a decrease in crime, resurgents of business in the surrounding area, and we ask the commission to maintain that closure and revoke Conditional Development Permit Number 198. * * * * * Chairman Lindseth thanked them for their closing arguments. Attorney Barlow outlined the possible decisions for the Commission. He stated has he understood the city has brought this action pursuant to Municipal Code Section 1978110(A2) (A3). Attorney Barlow read that Municipal Code. Chairman Lindseth stated as it stood before the Commission right now, they could do 4 things. The could revoke the permit, they could take the permit and place additional conditions, or cause the permit to operate as is, or take the matter into submission until a date in the future. It was up to the Commission. He would like to emphasize that they 11- '~ity of San Ber~ino ~ planning Commiss1on Meeting Minutes of 11/1~O Page 12 should be very careful not to let economic considerations influence pragmatic judgment decisions based upon land usage and development. Commissioner Lopez made a motion to revoke Conditional Development Permit Number 198 as per staff's recommendation. The motion was seconded by Commissioner Clemensen. commissioner Sharp asked if there was a document where the defendant's were in effect presented with a choice of cor- recting some conditions or closing up. Attorney Empeno stated he believed the answer was in Exhibit No.1. There is a document in about the middle, a copy of the March 15, 1990 letter that Mr. Gunn referenced and he also referenced. In the letter, it mentions and it is addressed to Lee and cindy Wang, that the owners are ordered to vacate the building. The building must remain vacant until the proper permits are obtained and the structure is brought up to Building Code standards. In addition, the city will be starting procedures to revoke Conditional Development permit 1960-198 for their motel operation at 655 North "D" Street and that staff would send additional information under separate cover. There argument is that informs the Wangs that the permit would be revoked pursuant to a revocation procedure. Attorney Empeno also stated they were also notified about the corrections that needed to be taken. There was no statement that they had a choice. It was a statement of fact that they were proceeding under both ability. No statement of either or that was going to be an alternative it was a statement that they would be doing this. They would be revoking the permit. Any correction would be done at their cost. Mr. Gunn stated he did not believe that was the document received by Mrs. Wang. commissioner Stone asked was another document furnished to the Wangs after the date of the letter around March 26, such as a Notice of violation with a number of things that were to be corrected. Attorney Empeno stated in addition to the document he read as part of Exhibit "1", is a copy of a letter dated March 23, addressed to the wangs regarding the Motel. The letter was from Dany Nolfo talking about violations existing. Attached to that was his report with a checklist of various Building Code and Municipal Code violations and in the letter, it says "that inspection by this Department by the structure located therein revealed certain Building Code violations. It is necessary that these conditions be corrected according to the proper procedures and with valid permits from this Depart- ment. Please contact this office within 10 calendar days from the date of this notice to make arrangements to correct ~ '.City of San Ber~dino ~ Planning Commission Meeting Minutes of 11/~90 Page 13 those violations indicated in the letter. Attorney Empeno also stated in addition to the Correction Notice, a Notice of pendancy of Administrative Proceedings regarding the above property is being filed with the County Recorders Office to give public notice of pending action by the city on this property." He believed that was the letter he was referring to dated after the March 15 letter. That letter did not state any either or choice of the applicant. It notifies them of certain violations that need to be corrected and the previous letter notifies them of the revocation process. commissioner Lopez stated he make in his motion. He stated proper use for this property. had an addition he failed to the Motel was no longer a Chairman Lindseth stated, granted it was not these individual involved in the Planning Commission at that time this permit was issued: however, this is the body that grants conditional use/Conditional Development Permits and this is the body that has the power to revoke. Commissioner Sharp asked while this able or some other use, there is no as a motel even we got overnight monthly guest. Attorney Empeno stated they gave that question a lot of thought prior to instituting the revocation hearing process and during the process and talking over the issues, the facts with the Planning Department with our Office, we came to the conclusion, jointly, that whatever conditions are imposed, whatever ownership is behind the motel; that a motel use at that location is an improper use and this permit should be revoked. There are a variety of alternative uses available, some which could use the rehabilitation of the structure, others which may look into a demolish of the structure, but there are other uses that can make the site economically viable besides a motel. place might way it could guest rather be permiss- be operated weekly or Chairman Lindseth called for the question. The motion was carried with all but the opposition of Commissioner Sharp. * * * * * Attorney Empeno stated he would like to ask the Commission and also the City Attorney to refer to Section 19.78.110 specifically (cl regarding Findings and subsection (el which they have already spoken to regarding the appeal to the council. He would like to ask that the Commission, because he had not prepared written Findings for the Commission, that he would like to outline specific Findings at the next l ~ '~ity of San Ber~dino Planning Commission Meeting Minutes of Page 14 o 11/13/90 regular meeting. Mr. Gunn stated he felt it was improper for Mr. Empeno to be the one making the Findings. The commission is the proper party to make the written Findings and they are required to make the Findings. Attorney Barlow stated Findings are required and it certainly is not normal or expected for the Commission itself to sit down and write Findings. Mr. Empeno, has the prevailing party, it is entirely appropriate for him to present Fin- dings. The other alternative, of course, is to have him prepare the Findings and he would be happy to do that. It is not inappropriate and he would recommend Mr. Empeno to prepare Findings and then they can act on them. They can change them or alter them at their pleasure. Discussion ensued amongest Attorney Barlow and Mr. Wieser as to whether the appeal period would be delayed until the Findings were made. It was resolved that the appeal period would be delayed until the Findings are adopted. Chairman Lindseth stated the 15 day appeal period would be effective on adoption of the Findings. There being no further business, the meeting was adjourned to the next regular Planning Commission meeting to be held on Tuesday, November 20, 1990. 8:15 p.m.// lat MINUTES:PC11/13/90 1 , ~ ,. OFFICIAL NOTICE OF PUBLIC HEARING BEFORE THE CITY OF SAN BERNARDINO MAYOR AND COMMON COUNCIL APPEAL OF The Revocation of Conditional Development Permint No. 198 ,. THIS IS TO INFORM YOU THAT THE FOLLOWING ITEM HAS BEEN APPEALED TO THE MAYOR AND COMMON COUNCIL BY The owners. Lei and Cindv Wane r SUBJECT: Appeal of the revocation of Conditional Development WARD =# Permit No. 198 1 ) r PROPERTY LOCATION: 655 "0" Street \. PROPOSAL: To revoke Conditional Development Permit No. 198 for the operation of a motel. r PUBLIC HEARING LOCATION: SAN BERNARDINO CITY HALL COUNCIL CHAMBERS 300 NORTH "0" STREET SAN BERNARDINO, CA. 92418 \. r HEARING DATE AND TIME: Monday, February 4, 1991 2:00 p.m. \. A DETAILED DESCRIPTION OF THE PROPOSAL IS ON FILE IN THE PLANNING DEPARTMENT AT CITY HALL. IF YOU WOULD LIKE FURTHER INFORMATION ABOUT THIS PROPOSAL PRIOR TO THE PUBLIC HEARING, PLEASE CONTACT THE PLANNING DEPARTMENT IN PERSON OR BY PHONING (714) 384-5057 THANK YOU. '\. .J Ill, ,- '" EXHIBIT 8