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HomeMy WebLinkAbout26-Planning and Building - - CITY OF SAN BERNOtblNO - REQUEST lOR COUNCIL ACTION , From: Larry E. Reed, Assistant Director Subject: Appeal of Board of Building Commissioners Findings and Action of September 6, 1991, for property located at 1098 W. 5th Street. Dept: Planning and Building Services Date: November 26, 1991 Mayor & Common Council meeting of 11-04-91 Synopsis of Previous Council action: The Mayor and Common Council directed the Planning and Building Services Department to reinspect the premises located at 1098 W. 5th Street, and provide the owner Mr. Peters with a list of all violations with the time specified to correct these violations. ~ Recomme;:: :::iO:yor and Common Council uphold the findings of the Planning (nd BUi:d:~o}Jer Services Department and require Mr. Peters to obtain all proper permit~to correct listed violations within thirty (30) days. (See attached) In the even~ the vio- lations are not corrected within the prescribed period of time, then the City or person(s) authorized~p~~~e Building Official, will initiate action to abate the nuisance. Owner ~ ~all current and future costs in the form of a lien or a personal obligation of the owner. .J! fr:~M;f?/ j r,L/ Signature Contact person: Larry E. Reed. A....i ..~an~ Di rec~or Phone: (71 ") ~1l"_~~~7 Supporting data attached: Correction List for 1098 W. 5th St. Ward: 1 FUNDING REQUIREMENTS: Amount: $320.60 Source: (Acct. No.l 001-000-41733 Finance: , 171?. (/ (Acct. DescriPtionl Council Notes: 75-0262 1.:J-2-(Jf ~~/ d~ Agenda Item No ~ ' o 0 CITY OF San Bernardino 01,...1111..T Of 'l.ANNINC AND IUILO.NC l'IVle.. AL aOUG~EY.AICP o IAECTOR Maurice Peters 1098 W. 5th St. San Bernardino, Ca. Nov. 25, 1991 Re: Code Violations at 1098 W. 5th Street Dear Mr. Peters, Durinc the councll lDeetinc of Nove.ber 4, 1991, the City Council directed this Department to inspect your property at the above referenced address and to provide you with a co~rehensive list ot violations. On Nove..ber 25, 1991, this inspection was conducted by Code Entorce_nt Officer Danny Nollo, and mysell, Senior Buildinc Inspector Joseph Lease. The violations observed at this time are as follows: Electrical Violations 1) Electrical connections ..de to the hydraulic lift on the north side ot the buildinC without required permits.(SBMC 15.04.020, UAC301 (a)) Also, the electrical installation is substandard; flexible cord ..y not be used in lieu of permanent wirinc and ..y not be run throuch walls and ..y not be attached to the buildinl's surtaces. (SBMC 15.04.020, NEC 400-8) 2) Unused openincs in the panelboard and in outlet boxes IDUSt be properly sealed.(SBMC 15.04.020, NEC 110-12) 3) Extension cords used of per..nent wirinc. 400-8) extensively inside of the buildinl in lieu Removal required. (SBMC 15.04.020, NEC 4) No electrical equipment (e.l. receptacles, wirinc, Junction boxes, 'etc.) ..y be located within 18 inches of the floor of the repair car ace unless listed for Class 1, Division 2 hazardous location as defined by NEC 511-3. RelDoval required. (S8MC 15.04.020, NEC 511-4 and 511-6(d)) 3QO NORT... 0 ST!:tEET SAN aEA'Il"-'OINO, CALI'ORNI. 12411.0001 1'14)~'''.''1'fS''1 o o 5) Exposed electrical wires In various locations (e.g. interior of the south wall, exterior of the south wall, etc.). Wires .ust be properly ter.inated and enclosed in approved Junction boxes. (SBMC 15.04.020, NEC 300-15) 8) Inadequate support of light fixture above radiator dip tank. (SBMC 15.04.020, NEC 410-15) 1) The flexible ..tallic conduit which serves the air co.pressor is disJointed and daaaged, and the conductors are exposed. (SBMC 15.04.020, UAC 104 (e)) 8) The cover for the electrical disconnect serving the air co.pressor I.S .issing, thus exposing live electrical parts. (SBMC 15.04.020, NEe 110-11(a)) 9) Porch cover installed at the south exit door without required per.it.(SBMC 15.04.020, UBC 301(a)) 10) Daaaged light fixture in the restroo. (has exposed wiring). (SBMC 15.04.020, UAC 104(e)) 11) Substandard electrical connection to house trailer at the east end of tbe lot (i.e. flexible cord run over parking lot for approxi.ately 130 feet, with nu.erous splices and non-waterproof connection at trailer). (SBMC 15.04.020, NEC 400-S, NEC 410-51) 12) Da..ged electrical light fixture in tbe office at the south side of tbe building (exposed electrical wiring). Also, light, switcb, and associated wiring has recently been installed without required per.1ts.(SBMC 15.04.020, UAC 104(e) and 301(a)) PrODertv Maintenance Vlolatlons.CSBMC 15.24.050) 13) Broken windows. 14) The toilet in tbe restroo. Is broken and the urinal drain Is stopped up. 15) Graffiti on the building. 18) The exterior of the building needs painted. o o . 17) The small house trailer at the east end of the lot is used tor human habitation. The block wall at the north side of the lot is damaged. Also, the chain link fences are damaged or improperly installed (i.e. wood posts used with chain link fencing). 19) Debris and salvage items stored on the lot. 18) 20) Asphalt paving damaged at various locations. 21) Damaged pole sign a~ the southwest corner of the lot. 22) Approximately 12' X 12' X 8' deep hole has been excavated in parking lot. Must be =ackfilled, compacted and repaved. Miscellaneous 23) The hydraulic lift on the north side of the building must be removed, since all repair work must be conducted inside of the building and a permit has not been, and cannot be obtained for the installation. (SBMC 19.06.030) 24) The business known as Amigos Auto Center is illegally conducting all of its repair work outdoors, since it has no shop area available to it. Victor's Radiator shop was also observed repairing vehicles outside of the building. All repair work must be conducted inside of the building. (SBMC 19.06.030) 25) The abandoned underground gasoline storage tanks must be removed. A permit for the removal is required from the Fire Department. (UFC 79.114) This will be reported to the county Department of Environmental Health for enforcement action. 26) Numerous abandoned vehicles are stored on the lot. (SBMC 8.36.010) The above listed violations must be completed within 30 days of this date and a follow-up inspection obtained from this Department. If you should have any questions or require further clarification, please contact this office during normal business hours. Sincerely, Joseph Lease Senior Building Inspector Planning & Building Services Dept. City of San Bernardino 384-5071 CITY OF SAN BERNChDINO - REQUEST lOR COUNCIL ACTION '. From: Larry E. Reed, Assistant Director Subject: Appeal of the Board of Building Commissioners Findings and Action of . September 6, 1991 for property located at 1098 W. 5th Street. Mayor and Common Council meeting of December 16, 1991 Dept: Planning and Building Services Date: December 10, 1991 Synopsis of Previous Council action: During the Council meeting of December 2, 1991, the Mayor and Common Council directed staff to research Code Section 19.06.030(D) (11) to determine if applicable to the above referenced property. (See attached correction list). Recommended motion: That the Mayor and Common Council uphold the Findings of the Planning and Building Services Department and require Mr. Peters to obtain all proper permits within (10) ten days and to correct Item #23 and #24 within (30) thirty days. (See attached). In the event the violations are not corrected within the prescribed period of time, then the City or person(s) authorized by the Building Official, will initiate action to abate the nuisance. Owner to pay all current and future costs incurred by the City in the abatement of City Code violations and/or nuisances LuZ c ~/ . Signature .- Contact person: Larry E. Reed, Assistant Director Phone: (714) 384-5205 Supporting data attached: Copies of Ordinance & Correction list Ward: 1 FUNDING REQUIREMENTS: Amount: $320.60 Source: (Acct. No,) 001-000-41733 (Acct. DescriPtion) Finance: Council Notas: 75-0262 Agenda Item No. db o b' -' ~. /V' .f" 17) The small house trailer at the east end of the lot is used for human habitation. " 18) The block wall at the north side of the lot is damaged. Also, ~ the chain l~nk fences are damaged or improperly installed (i.e. wood posts used with chain link fencing). v' J,J\wj.19) Debris and salvage items stored on the lot. v I( i/'" 20) Asphalt paving damaged at various locations. ~ 1-/\' 21) Damaged pole sign at the southwest corner of the lot. 22) Approximately 12' X 12' X 8' deep hole has been excavated in parking lot. Must be backfilled, compacted and repaved. Miscellaneous 23) The hydraulic lift on the north side of the building must be removed, since all repair work must be conducted inside of ~ the building and a permit has not been, and cannot be obtained ' for the installation. (SBMC 19.06.030) 24) The business known as Amigos Auto Center is illegally conducting all of its repair work outdoors, since it has no shop area available to it. Victor's Radiator shop was also observed repairing vehicles outside of the building. All .~ repair work must be conducted inside of the building. (SBMC ~ 19.06.030) *- 25) The abandoned underground gasoline storage tanks must be removed. A permit for the removal is required from the Fire Department. (UrC 79.114) This will be reported to the County Department of Environmental Health for enforcement action. 26) Numerous abandoned vehicles are stored on the lot. (SBMC 8.36.010) The above listed violations must be completed within 30 days of this date and a follow-up inspection obtained from this Department. If you should have any questions or require further clarification, please contact this office during normal business hours. Sincerely, Joseph Lease Senior Building Inspector Planning & Building Services Dept. City of San Bernardino 384-5071 CITY' OF SAN BERNQDINO - REQUEST F~ COUNCIL ACTION STAFF REPORT HE: Violations at 109S West 5th Street, San Bernardino, CA OWner: Maurice Peters During the Council Meeting of December 2, 1991, the Mayor and Council directed staff to research code section 19.06.030(d)(11) (see attachment A) to determine if its requirements are applicable to the above referenced location. This provision basically states that automobile repair is a permitted use in a commercial zone provided all repair activities are conducted entire Iv within an enclosed structure. The original zoning code dating back to 1953 had the same requirement. (See attachment Bi Ordinance 1991, Section 12.1.B.1). City business license records indicate that operations commenced on the subject property as early as 1950. Records state that a "Petroleum Products Service/Sale" was in operation, however, the exact type of use is unclear. City business license records also indicate that on two specific occasions auto repair activity at the above referenced location ceased operation for longer than 180 days whereby the old Zoning Code (San Bernardino Municipal Code 19.66.040 pre-1990) required that any non-conforming use or conditions conform to the provisions of the new Development Code, (effective June 3. 1991). The new Development Code contains the identical provisions. (See, Title 19, Section 19.62.030 Attachments C-1 and C-2 respectively.) The first time that operations ceased on the subject property was during the period Januarv 1. 1973 throuah October 24. 1974; the second time business ceased was during the period Januarv 1. 1982 throuah Februarv 7. 1984. Therefore, any non-conforming status which existed previously, even prior to the enactment of the 1953 Code became null and void and requirements of the Zoning Code as referenced in Ordinance 1991, Section 12.1(b)(1) dated Auaust 1953, (see attached Zoning Code) and/or Section 19.62.030 (June 3, 1991) (which is identical) became applicable to any further use of this property. Consequently, any further discussions concerning the "grandfathering" of this non-conforming use/business is hereinafter moot. DATED: December 10, 1991 Prepared by: Debra L. Daniel BAS/aw["Peters.ltrl 75.0264 9. C~OAL DISTRICTS -19.06 o \.. All on-site lighting shall be stationary and directed away from adjoining properties and public rights-of-way. . . c 10. All on-site signage shall comply with the provisions of Chapter 19.22 (Sign Standards). 11. All repair activities and operations shall be conducted entirely within an enclosed structure. Outdoor hoists shall be prohibited. 12 All repair facilities shall close all windows when performing body and fender work, hammering, sanding or other noi~enerating ac- tivity. Exterior noise shall not exceed 65 dBA at the property line. 13. All on-site parking shall comply with the provisions of Chapter 19.24 (Off-Street Parking Standards). A parking plan shall be developed as part of the permit review process. 14. The premises shall be kept in a neat and orderly condition at all times. ( '. 15. All used or discarded automotive parts or equipment or permanently disabled, junked or dismantled vehicles shall be per- manently screened from public vielv. 16. All hazardous materials resulting from the repair or dismantling operation shall be properly stored and removed from the premises in a timely manner. Storage, use and removal of toxic substances, solid waste pollution, and flammable liquids, particularly gasoline, paints, solvents and thinners, shall conform to all applicable federal, state and local regulations prior to issuance of a Certificate of Occupancy. II..AJ7 5/91 o ATTACHMENT "B" o 3~....~:~ =.2 :tC-3:~. .zZ;:="~ =:Z:!i:!:';'!'~~, :JI3ZP.I=:' Tt. toll~.r.1n:: :'O~tia::s shaU. a~r.l.7 ~o ttle "':~J!t ~neraJ. Cacmarcial D1~tr1e~: C124." ~~ 1)'!"'!:1.fT~: !:To ba11.:1~.. 0= :it:n.:et'.Ir!! or land shell ,,0 used u.d :1:0 l:u1l.~ or St:rl1Cturs s~'lall '>0 ~r33.i''i:U' a=octsci. s... ....."1:::::.-a1.l7 aJ.tand, enlar:;ed ar ~lI"-~!':;:ted '!Xc~ for th.e :roll~n: uses: 12.2 J.. 17S85 ::sr::1'ttaG 1=1 t!:3 "e..2:7 n~t:':!.et. .cD 3. Pr..u~ ~Ta~: 2. 3. Aut-'Woaile ~al:3s, ::.S'ot a.::.: '..ued Ca:"3 inol::d1ng s(u'ne:..-..; ~ ~~a1:-s ecr.ai1C:1:ed e:t't1rel7 n~b:in a~~. C:::::r:1:1l ttr:oDi:1c-.::as (retU~ an1j). Socond-il:1!:l1 gooc!.s s old ~~ an encJ.o:Jed bu1l.c11ng (no ~1:U: ;ards). Used = and t:'Uler sales l:l'i:s (sor'1ics ani! repn1: f~1lltio:l c:lnduet:"d ontir:lly 'li.tl'.1n a a baildi.--.q). 4. C. smV!~: 1. .Uli::al 1105;>1t81 (su;,joet 'i:c Cor.ciU:l.ona1 00vaJ.cp- ment ?er::11 t) . Aact1::z: !1:=ss or :stores. Da:i:l1S, tm'~:;b. and .~!'".o ll,k9. ali:QJ:r1:1~::.ng aDd ,!1::t::Ct;9rin:. n~l1:1i 1lll3YS. ~c:d.n;' c:.=a::::3 (:r.J!:;.1loiC't to Co:"..di~ion:l C-evelapme:t ~l":11t) . !)ar.ce i:4lls (~uh.jec".: ~o C:n~tional DevelQ'!:ICent Pemi:). ilr1ve-:!.n tile:1tr== (s::bj::';t to conCit1:lnDJ. Deve1~ J:~l'enn'i:). :::mplC1l29.'1t ...cn:1~s. Ice ~~ rall$-r ""2t:l:-~ (:;'.:o,i3C-: to Con~1t1onal Oe"11tl=an'l: 1'~l'l:1t). ~.=eca::rJ.=31 .:Lute ~;:1l3i1. :,:~-::.:'i(!s 3.A....a ~r..9rnl ':":t=~:;:i.":i '.Jil~.;act ":::1 Cor.c!i- ~1c::3l ~1!);C5n~ ?ll!r:::.t}. :-:oCJ; a::r! ::otar ~;)t3l~ {subj3C1: .~o Ccr::ii ~cr~ cevt!l~::~:l; ?al"'::i ~} .. ":ab-:c:-:i.t=: .. :>001 :::1l:.s. ?.;3i: .:u'z,!~s. 1:1::"::'::;'''1 .~u1'::::.==::1~c ~~ t~k :":pair ~~ ::,.._~,"!:; J; '.~;::~l.='.:o!"i:'...; (o:=~i.1Ctoci o;.:i:laU:r .... ,";..i '11 S bl.,,:: ~. ~.: '15) ':nde"s~;o=.b {i: ~~ocj~c't:.r~'"w19 rli:O -to na:l.3:! ll.~:":.t=t ~~:r, i'1b=1":~::::' er =.~~i:}.. ~:~ Cs:: :~:':'~QC:-: ;0 C::..u.ti:t:1a.l :-::velcp:l'!n.: ?a%'!:l1t). ~ a,lI1::1S-':3r:"_ Sh%. ~:oc!c!i:; '~p913. 2. 3. 4. ~. 6. 7. a. 9. 10. 11. u. 13. 14. l~. 16. 17. lB. l'!.). ,0. D. ~u.:h ~"'.:tr:r ::~ez .::I .i:he r;--i =::i:.:'l tlo'te:o=ne:: t~ 1::3 3i....:''2r. ~9!='T'~""...-: ':'1"'1 rr.:~. .. ---. .... .. ~ ........ A.. :'!1or~ n~.u \)0 no ~~"'''''~~:i:u:"~i ::~otmdi:1.:, ~recass1=:: or '::::'~~'i:"r;:; ~ :::-:duc't:J ,:!:l:~:: ;;~~ t~t ~T~1i.:h i:s . cle.:l....1.7 ~e~~~~ ami c~s":-:i:~ ';.J a rcztd.1 .z~o=o Q~ "U3i:3~:; anf ....-....~ ~ -== .::~13 7::-e=~:~s ~~ =:l~ al: :,~:a.:.J. o:l -::'0 ::l' ~=u ~- -~...- (Attachment C-l) . I I I o o ZONING -tr ~d1_ ~ ~~. ,- 19.66.030 €llnditiBRS aRa requirementJ OR ~llRtiRliing' ,} t<J nonconforming building. i. I' -' '". C A nonconforming building may be continued"a€ Ftll"iQ~d - . ill Sf,.tioR 19 66 020 if the building is not added to or stnh:- turally altered other than as required by law: provided. that J nonconforming building may be added to or structurally altered on condition that: A. A petition approving such addition or alteration and signed by seventy-five percent of the residents and/or owners of properties within a radius of five hundred feet of the building is presented to the Planning Commission: or if. after a reasonable effort such approval has not been obtained. a signed affidavit establishing that reasonable efforts have been put forth to obtain the signatures of seventy-five percent of the residents and/or owners of properties within a radius of five hundred feet of the building but without success. B. Evidence is presented that the addition or alteration is reasonable and is not injurious to adjoining properties: C. The approval of the application by the Planning Commis- sion is obtained after there has been compliance with the procedures and provisions pertaining to the granting of variances as set forth in Sections 19.74.030 through 19.74.070: and D. The approval of the Common. Council is HF9t had J"d u{. obtaincd.p.:.i Dr +0 ~<. b\~ Ile,,::\ ...ue.l-+- 0< ~...r4Ll(1 ~+er (Ord. MC437. 2-1 8-85: Ord. 1991 ~ 22.I(B). 1953.) oAt/l.,tlll "::;\4 \~ 19.66.040 Discontinuance of U!le - Conformance required. Any part of a building occupied by a nonconforming us,' which use is discontinued for a period of one hundred eighty days or more shall thereafter be used in conformity With the provisions of the district in which it is localed. (Ord. Z312 (part). 1960:0rd. 1991 ~ Z2.I(Cl. 1953.) 19.66.050 Exceptions to buildings damaged by fire. explosion or act of God. The provisions of this title shall not prevent the reconstruc- tion. repairing or rebuilding and the contim;ing use of any nonconforming building or buildings damaged by fire. explosion (San Bernardino 4-85) 1202 { !W~.. .< (Attachment C-2) NON-CONFORMING S UcnJRES AND USES -19.62 ... 3. Reasonable repairs and alterations may be made to legal nonconforming commercial, institutional, or industrial structures, provided that no structural al- terations shall be made which would prolong the life of the supporting members of a structure, such as bearing walls, columns, beams, or girders. Structural ele- ments may be modified or repaired only if the Chief Building Official detennines that such mOdification or repair is immediately necessary to protect the health and safety of the public or occupants of the nonconforming structure, or adjacent property and the cost does not exceed 1/2 of the replacement cost of the legal nonconforming structure. However, improvements required to reinforce non- reinforced masonry structures shall be permitted without replacement cost limitations, provided that such retrofitting is strictly limited to compliance with earthquake safety standards. 4. Changes to interior partitions or other nonstructural improvements and repairs may be made to a legal nonconforming commercial, institutional, or industrial structure, provided that the cost of the desired improvement or repair shall not exceed 1/2 of the replacement cost of the nonconforming structure over any con- secutive 5 year period. 5. The replacement cost shall be detennined by the Director. 6. Any additional development of a parcel with a legal nonconforming structure will require that all new structures be in conformance with this Development Code. , -=--- ..,_7....~. If the use of a nonconforming structure is discontinued for a period of 6 or more consecutive calendar months, the structure shall lose its legal nonconforming status, and shall be removed or altered to conform to the provisions of this Development Code. A use of a legal nonconforming structure shall be con- sidered discontinued when any of the following apply: A. The intent of the owner to discontinue use of the nonconforming structure is apparent, as detennined by the Director. B. Where characteristic furnishings and equipment associated with the use have been removed and not replaced with equivalent furnishings and equipment during this time, and where normal occupancy and/or use has been discontinued for a period of 6 or more consecutive calendar months. C. Where there are no business receipts available for the 6 month period. IV-52 S/91 ~'-"". - .. ,fif'ffttit;!Iti1l:', ' "",..-, pt09t'cF~TH STRO "",,, ',~/1/50/ ROSS, ERNEST L i 10/4/54 ROLLER, A. W. ,(12/7/71 JOHNSON) ANDRES ~ \\....1/1/73 CEASED Ol'ERATIOBS \ ; ~0/24tr4 ARROYO, SD ~ i 12/27/76 JACOBO-, JOS,E A. /2/80' CEASED OPERATIONS ',,' \ "_/ PETROLEUM PRODUCTS II 11 II n AUTO REPAIR n, II , , I I I 1 , ' ',." ",:' "~-;- FJ:1'ttI STREB'!' WA~, P.LYDE CEASED OPERATIONS BORGES .JESUS_l. CEASED AUTOllEPriR" AUTO REPAIR f2-~ :;..--- .... 1_- ~__ .:f!if."<':""""- 1098 W. 5TH STREET o o "0,,,':,,.', . '" 12/15/86 VELOS. MANUEL & SANCHEZ. MANUEL VEHICLE REPAIR - .. ..._,.~..__,_."o.._ 1098 W. Fifth Street 2/18/87 RAMIREZ, RAYMUNDO H. 10/19/88 D!\VID SEGURA & EDGAR M. CX>BO VEHICLE REPAIR VEIlICIE REPAIR ~ --_._-_._-_._-_._...~-"._..._--._--~--_._-_.