Loading...
HomeMy WebLinkAboutS02-Building & Safety o o September 1, 1989 Councilwoman Valerie pope-Ludlam Sixth Ward Council Office 300 North no" Street San Bernardino, CA 92418 Dear Councilwoman Ludlam: I hereby appeal to the Honorable Mayor and Common Council the Board of Building Commission's decision to demolish my home, which is located at 1040~ W. Baseline Avenue. The reason for this appeal is: 1. The house was my primary residence, before the fire, for the past 18 years. 2. The house was not rehabilitated within 180 days, because, when the house caught fire, it was not insured. 3. The house was quickclaimed to me by my parents in August of 1989. 4. I am presently in the position to rehabilitate the house. Your favorable consideration in this matter will be greatly appreciated. Thank you. S9~)!JJJAUL Pamela Perea 1239 N. nK" Street San Bernardino, CA 92411 Phone: (714) 884-7728 ~cP~ Dulcinea Perea 1077 W. 15th Street San Bernardino, CA 92411 Phone: (714) 884-9167 .:#s-~ . ciTY OF SAN BERORDINO - REQUEST 90R COUNCIL ACTION BACKGROUND: STAFF REPORT The following is an outline of essential facts pertaining to the background. l. The wood frame house was built in the 1930's 2. The property has been zoned commercially since 1964. The property was zoned C-3 and is currently CG 2. The residence/house since 1964 has (meaning legally existed prior commercial designation.) 4. A fire burnt through the roof on September 14, 1988 and the house was left vacant after that date. 3. been a non-conforming use, to being zoned under a 5. Municipal codes allow non-conforming uses to be continued except when specific incidents occur. The Ordinance lists three (3) specific instances. a. If the building is conforming building (SBMC 19.66.020) of a wood frame construction a non may be continued for only 20 years b. Any use/building that is discontinued for over 180 days (SBMC 19.66.040) c. Any building destroyed more than 50' (SBMC 19.66.050) 6. The owners wish to rehab the structure as a single family residence. DISCUSSION: a. THE WOOD HAVE BEEN However, answers. FRAME RESIDENCE UNDER DISCONTINUED BY THE END this section raises SECTION 19.66.020 WAS TO OF 1973. more questions than it Has this section ever been enforced? Did the City survey and give notice to all building owners? Is this section constitutional? The ordinance doesn't clearly distinguish between a non-conforming use and a non conforming building. Example: the use of a residence could be discontinued, the building upgraded to meet commercial building code requirements and a commercial office or retail use established. b. THE USE AS A RESIDENCE HAS BEEN DISCONTINUED FOR OVER 180 5-02&4 "S.-l . , STAFF.REPORT-l Page 2 o o ,- DAYS: Building and Safety staff, at the time of the fire, had reason to believe that the house was not being used as a residence because of the large quantity of business forms, receipts, and supplies in the house. The owner on August 14, 1989 provided a letter indicating Mrs. Dulcinea Perea has maintained her primary residence at 1040 1/2 West Baseline, for the 20 years prior to the fire. c. DESTROYED MORE THAN 50%: Section 19.66.050, states "wherein the cost of such reconstruction ... does not exceed 50% of the reasonable replacement value of the building immediately prior to its damage." The house is approximately 1247 sq. ft. in floor area. Using the current Department cost of $55.37, a reasonable replacement value for the house is $69,000. The cost of repair must therefore exceed $34,500. The owner has indicated reconstruction will cost around $20,000. It is staff's estimate that it will cost between $35,000. and $40,000. to reconstruct to current habitibility/code standards (structural, rewiring, partial plumbing work, new roof, dry wall, painting, and refinishing floors and/or carpet, new cabinets, etc.) It is a close judgement call? FINDINGS: The review of all the facts applied to the city of San Municipal Code indicates that the use of the building cannot be reestablished as a single family residence. Bernardino at 1040 1/2 a. However, Section 19.66.020 does not mean that the building needs to be demolished. The zoning Ordinance and the Building Code would allow the building to be upgraded to meet commercial standards for the establishment of a legal use, either as a retail or an office use. b. Based on the letter received from Dulcinea Perea, the house was used as a residence until the fire. The 180 days that elapsed after the fire was caused by a dispute with Perea's insurance company and problems in obtaining a loan to rebuild the house. c. Whether the structure is more call. City Technical staff destroyed based upon "real" standards. than 50% destroyed is a judgement believe the home is more than 50% cost to rebuild to current code SEE ATTACHMENT: - BBC Minutes (Page 2) - Ms. Dulcinia Perea's letter of August 14, 1989 - Code Sections 19.66.020, 19.66.040 and 19.66.050 - 'CITY OF SAN BERIQRDINO - REQUEST 90R COUNCIL ACTION From: Larry E. Reed, Director!:^, _ ,.,. ~ubj,~: iL.l. D. h"Hln_ 0... Building and Safety I~Qr: ,~!!.... 3"'" r,'.. '). :::c l~vj r.1..\J U i: ...r...) oJ Request to rescind decision of Board of Building Commis- sioners -- demolition of single family dwelling at 1040 1/2 West Baseline -- Paul & Dulcinea Perea Dept: Date: August 30, 1989 Synopsis of Previous Council ection: Recommended motion: That the appeal of Paul and Dulcinea Perea to rescind the order of the Board of Building Commissioners to demolish the single family residence located at 1040 1/2 West Baseline be referred to the Board of Building Commissioners for review and consideration of additional information. cc' Marshall Julian, City Adminstrator im Richardson, Deputy city Administrator Contact person: Larry E. Reed Supporting data attached: "~es-- ~~_~- -r:- -';;;;:'7---- , 1/ Signature Phone: 384-5274 Werd: ""6th"- - FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) . (Acct. Description) Finance: Council Notes: 75-0262 Agenda Item No s-z, - o o \ (--'--1 r-) ',) , I ., l....-\_. . ,'::'_ CI-. .-) ) (. \.( J _~ .'>---""\ 6.J ,,,-t'\,, - l !\,.,:.,-!.- j \.', ("1 L .t L<.(\,l v--{,- , z.. ~ (\''- \..... v" CC',\,L<.~ (\_ 'I;) V i I '} I '-i-' I" l\... \..,--<, d -fY"-I9/f,;') / L/- i q.1 (/ <\'", " " 'f\...\.. ,---\.,~ -.:: " , - " -~ , '''-.. ..::J " r: ., ('-/~':- c.>---......... - +' ' - , L ~ "'^- '-''-'Y--<'. '- j,l L.v ~ - --J. ,-f,- c....... '--- ~ _' \... r~ \.... \.. t \.... - --4- \..~ r-",. '- , ---p.- ~ ..--\,.......... (.\......-..L-."'\--_.l.-p.._.L."'Y'-<o?_"l"'--- C \;".~\....\-., "Y "l .. "Y ,\ 1 f. U l't j A. ",,--,' C ,--, I ~ ,- .,,- ,"- '-'-"T- ' ~ ['~ ~ \.. '-r'-^- ~. ~lL-r"--"-''-- o....~ ~.1 ft ~,'-- I ~~. 'v"'Y'-(....1 "-C...-,-,,," C::L-- (I .2. y i I ~~ d.. ", iJ'-'\ . "-:7 -h',--""y/ i(:' t'- '- 0--- .\.,y l,,-- \;-(-'....- L q..._,-- ~v t 1-l 'L (l-l.. 'JJ'-/ , , (~ .\tftILl'/.7cr.J -~ ' l.l.l;:k~) '/y-U,,:;-- I..)..l. . /\.. '-{ 'i.-vr..l. \ f' , .~~'\{)-...,,-h__ \.\t>.V) I"~, , .,) J\ ' , \ ",\ c ~. C l ~/ .. ' ,'- - -~. ~.- /'.. ; ."....../ \ ('J...,..........,:.- ,. _ _" . I S,....TE.Jr:-...__L~Jl=-',,_...,. , _I CCiJNTY'(Jf _X;n .rjot:- (....np , ~,~ /)_ '" /..,.:. r' - . I . - Or. I -r~ "t ....{ 1."-<;,,, (..;1 __.f...i ,-_.vcC~;._1 solid Slate ~ersuni'l..~ a;;"f"""e~ ___... ;,1;' r " ' , ) / _ / /; 1/ I - / /"~'___' ...,,_~, 1...-.-..1'" l'e:()...- r, ,~ ..,.... ,'" --, ~ ," r'2,"'" i--~ C ' , , . ,. o c c c '" ;; personally known 10 me lor proved to me on tht' b2.~15 of SdIIS' factoryevidencei to bethe pcrsc:11~V,.f-.,:.:;~. r,arr.e~lls 'are sut'. . , / I scnbed to the Within instrument and aCt<rl<,iWIE:dgefl tc me that I'l9(.6he/they exec.uted the same ( , SEAL ~a.6IUIlIE _1'laIC.~ __mlIIO CllUIflY .,c.a...._ 26.1993 ~ i'i , ;; E Oi " :c WiTNESS my hand and off'cial sea! a ..Lt:" . L:A! '- /:.- I ,,~- - /~ S;gnatu,e , . -???2::C.;. .u -' 't..7U:.;;# '/='L;7-C ITt'H5 area for offICial netarta! seal, :J ~ o o ;MlNUTES8-89 page 2 commissioner Miller asked if there was anyone present to testify on behalf of the subject properties. There being no one to testify, commissioners briefly discussed subject properties. commissioner Westwood made a motion, seconded by Commissioner Hunt, to uphold the Staff's recommendation. Roll call was taken with the motion being unanimously carried. Motion carried. ITEM NO.7: 1040 1/2 W. Baseline / CASE NO. 89-3367 PRESENTED BY: Mark Young Mark Young presented photographs, slides and background information for the Board's review. staff's recommendation is that demolition permits be obtained by the owner within ten (10) days and demolition be accomplished within sixty (60) days and to incur all current and future costs in the form of a lien on the property or a personal obligation of the owner(s). CURRENT COSTS: $577.50 commissioner Miller asked if there was anyone present to testify on behalf of the subject properties. Mr. Paul Perea was present to testify. He indicated he had hoped to work on Monday's and weekends to refurbish the house for his daughter to occupy. He indicated that he was unaware that the building could not be rehabilitated. Mark Young noted that the residence was more than 50% damaged by fire, therefore, was not capable of being rehabilitated, in addition to being subject to a zoning change. Mr. Perea agreed to obtain the required permits and arrange for the demolition within the sixty (60) days required. Commissioner Gonzales made a motion, seconded by commissioner Ponder, to uphold the Staff's recommendation. Roll call was taken with the motion being unanimously carried. Motion carried. o o NONCONFORMING BLDGS. AND NONCONFORMING USES Chapter 19.66 NONCONFOR.\fING BUILDINGS AND NONCONFORMING USES Sections: 19.66.010 Regulations generally. 19.66.020 Continuation and maintenance. 19.66.030 Conditions and requirements on continuing nonconfonning building. 19.66.040 Discontinuance of use - Confonnance required. 19.66.050 Exceptions to buildings damaged by fue, explosion or act of God. 19.66.060 Off-street parking and loading requirement. 19.66.070 Alteration to confonning use. 19.66.080 Nonconfonning use of land. 19.66.010 Regulations generally. The regulations set forth in this chapter shall apply to all nonconforming buildings and nonconforming land uses. (Ord. 1991 ~ 22.1953.) 19.66.020 Continuation and maintenance. A. Any nonconforming building may be continued and main- tained for a period representing the useful life of the building as defined in this title: 1. Class I or 2 construction. forty years (masonry): 2. Class 3 or 4 construction, thirty years (fire resistant): 3. Class 5 construction, twenty years (frame I. B. These periods of time shall become operative on September 10, 1953: provided, that such periods of time shall become operative on. and shall be computed from. September 15. 1953. when applicable to any nonconforming building and/or structure in any district except a residential district. C. This section shall not apply to any building constructed during the ten years prior to the adoption of the ordinance codified in this title until ten years after September 10. 1953. (Ord. 1991 ~ 22.HAl. 1953.) 1201 I San Bernardino 4.85) ._- o o ZONING 19.66.030 Conditions and requirements on continuing nonconfonning building. A nonconfonning building may be continued as provided in Section 19.66.020 if the building is not added to or struc- turally altered other than as required by law; provided, that a nonconfonning 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 first had and obtained. (Ord. MC437, 2-18-85;Ord. 1991 ~ 22.I(B), 1953.) 19.66.040 Discontinuance of use - Confonnance required. Any part of a building occupied by a nonconfonning use 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 located. (Ord. :31: (part), 1960:0rd. 1991 ~ ::.I(C). 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 continuing use of any nonconforming building or buildings damaged by fire. explosion NONCONFORMING BLOGS. AND NONCONFORMING USES or act of God or the enemy subsequent to September 10. 1953, wherein the cost of such reconstruction, repairing or rebuilding does not exceed fifty percent of the reasonable replacement value to the building immediately prior to its damage. (Ord. 1991 ~ 22.1(0), 1953.) dI o o REPORT NO. 3 i b 7 CITY OF SAN BERNARDINO DEPARTMENT OF BUILDING AND SAFETY 300 North liD" Street SAN BERNARDINO, CA 92418 EXHIBIT "A" An inspection was made of the below mentioned structure(s) and/or premises, and substandard conditions which shall include but not be limited to the fOllowinq, were observed. - The owner(s) and all interested parties, as indicated on the Title Report, were sent a certified mailinq of these conditions. - The recommendation is for abatement of the structure(s) and/or premises; afta/8., all e,rsar t"" YIia""uL. WI. ~x-CQIIJ..es. iC. . TIQ~ (#/~,j,,J 10 ~ - All such substandard buildinq or premises are hereby declared to be public nuisances and such nuisances shall be abated by the repair, removal or demolition of such unsafe buildinqs by the proper procedure. Permits are required prior to startinq repair or demo- lition work. TOTAL COSTS INCURRED TO DATE: $ 5 ?? -!e OWNER~IAL ff1. ~ 'D..c.LCJ/J€lQ rgAEA LOCATION ~O\!.OY2- W'~L1'4IE' ADDRESS..J.Q1J I JJ. r'Y'lAGoNoIIA AvE-. ASSESSOR'S NO. /4-'1-- 2.1 ~ - , "L.. CITY S- AN ~ f3IMJf"oi:i::D,A,o TYPE/BLDG~ ~ PHONE NO. VIOLATION..J=j ~rs ~MfF 1oFf!Yf' ~ DATE OF INSPECTION 2-2.-89 DATE PREPARED 7 -ItJ-l39 ITEM NO. V-l. 1____2. I./"" 3 . ~4. { ___ 5. 6. 7. ,.-- 8. ~9. ~O. ~ll. 12. 13. 1/ 14. V'15. SUBSTANDARD HOUSING (Inadeauate Sanitationl- ORe CR. 10 SECTION 1001 Lack of or improper water closet, lavatory, bathtub or shower in dwellinq. Lack of or improper kitchen sink or drainboard in dwell- inq. Lack of hot and cold runninq water in dwellinq. Lack of adequate heatinq facilities. Lack of or improper operation of required ventilatinq equipment. Lack of minimum amounts of natural liqht and ventila- tion. Room and space dimensions less than required by code. Lack of required electrical liqhtinq. Dampness of habitable room. Infestation of insects, vermin or rodents. . General dilapidation or improper maintenance. Lack of connection to required sewaqe disposal system. Lack of maintenance of septic system. Lack of adequate qarbaqe and rubbish storaqe' and removal facilities. Inadequate housekeepinq - trash, qarbaqe, etc. All Codes are adopted by and are a part of the San Bernardino Municipal Code (SBMC l5.04.020). INSPECTION REPORT WAS GIVEN TO: XX A property owner B manager C tenant o by hand delivery E regular mail F certified mail V--1. (./'" 2. I/' 3. 4. /../' 5 . 6. 7. ~8. 9. _ ].0. ~11. 1. 2. 3. 4. 5. 6. 1. 2. 3. 4. 1. 2. 3. 4. 5. 1. ~. 3. ,4. ~J5. ~6. z.:;;.- 7 . ..........- 8. 9. THIS XX on July 14. - o o STRUCTURAL HAZARDS fUBC\ REPORT NO. 3 3~ 7 Open and vacant. Fire damaged structure. Broken doors and windows. Illegal addition (bootleg) Inadequate weather protection (roof leaks, etc.) Inadequate foundation. sagging floors. Inadequate rat-proofing. Chimney structure unsound. Termite damage. structural integrity questionable. PLUMBING fUPC\ Water heater illegally installed in bath or bedroom. Water heater has no T & P valve or saismic tie downs. Leaking/broken/plugged sewer drains. Leaking and/or broken pipes. Cross connected plumbing. Yard sprinklers must have vacuumn breaks. MECHANICAL (UMe\ Illegal gas heater or appliance. Improperly vented water heater. Inadequate or missing gas shut off valve. Combustibles stored too near heating appliances. ELECTRICAL (NEC\ OVerfusing - branch circuits not to exceed 15 amps for lights and 20 amps for receptacles. Missing electrical covers or fixtures. Inadequate outlets. . Electrical service entrance is inadequate. Hazardous or illegal wiring. GENERAL (SBMC\ Pools - stagnant water inadequate fence inadequate gate Not to be occupied until corrections are made. Certificate of occupancy required. Improper occupancy. Nuisance Possible Fire Hazard. Smoke Detectors Required. Address required on all buildings and/or apartments. Supplement: 19~ ~~~ INSPECTOR SIGNATURE .~~c~ .~ o o XTBM ltS-l SUBJECTs Approval of Joint Development Aqre_ent Between City and Saben, Earlix and Associate. MOTION: That all language regarding the granting of Rental Rehabilitation Funds be stricken from the agreement and that the affected funds be in the form of deferred loans. Such deferred loan assistance will be provided under the same loan terms and condi- tions already set forth in the agreement. The provision under Item "J", (Performance Bond) of the agreement relating to the sole discretion of the Community Development Director to determine a breach under this clause should be stricken from the agreement. This clause would have a chillina effect on new investors and staff advises that sufficient protections exist elsewhere in the agreement. So we do not have to come back to Council, make sure motion allows for changes to be made and agreement to be executed with the approval of the City Attorney. 3417 ..., o ..-- V t', ~W:.I;!:~..,.. . .'t ,.,..,., w~ "~':,' " J'J' "{'..' ..<'~.. '<,0 -';"':'/~', '0' ....... :-,:- o F SAN B ERN A R DIN 0 11 -":"; INTEROFFICE MEMORANDUM (J 00 ~ i , - ..' . . '." C I T Y TO: FROM: Larry E. Reed, Director Building & Safety Patricia Zimmermann, Deputy City Attorney August 31, 1989 1040 1/2 WEST BASBLXNB RBVXBW OF SBC FDmXNGS DATE: HE: In response to your memo dated August 21, 1989 in the above captioned matter, other cities' in California have codes similar in language to San Bernardino Municipal Code Section 19.66.020 which have been held to be constitutional; San Bernardino's code per se has never been tested. To my knowledge the City has not surveyed or given notice to all building owners while Mr. Penman has been in office, however this code was adopted in 1953 and our office does not know what activities the Planning Department or Building and Safety Department took at that time. With regard to enforcement, I discussed the matter with John Wilson, who has been in the City Attorney's Office the longest period of time and he is ,unaware of any enforcement by the Planning Department, Building and Safety Department, or the Board of Building Commissioners. I concur with the positions in your memo that it is a close call whether the building was more than sot destroyed and that there are questions about the 180 day period. However, San Bernardino Municipal Code Section 19.66.020 is fairly clear that this building as a residence has exceeded its useful life of twenty (20) years. It would appear that the building could be rehabilitated to meet present zoning\use requirements versus being demOlished. Therefore, the owner of the property could be allowed to submit plans to reconstruct the building in compliance with present zoning requirements as an alternative to demolition. While I would have recommended going back to the Board of Building Commissioners to resolve this matter, as you know the owners prefer appealing to the City Council immediately on the / / / / / / / / / / / / / / / / / / / / ~ .~ o o Page Two August 3l, 1989 RB: 1040 1/2 WEST BASELINE REVIEW OF BBC FINDINGS issue of reconstructing a residence not a commercial building at that location. PZ/dys cc: James F. Penman, City Attorney W. R. Holcomb, Mayor Marshall Julian, City Administrator Val.r:l..~ope-Ludlam, COuncilwoman ..i Henry Empefto, Jr., Deputy City Attorney Brad Ki1ger, Director of Planning . C I TO 0 F SAN B B R N A A I INTEROFFICE MEMORANDUM 8908-2718 NO TO: J.... F. peruaan, City Attorney c/o Pat Zi_erman, Deputy city Attorney FROM: Larry E. Reed, Director of Buildinq and Safety SUBJECT: l040 l/2 West saseUne Review of BBC findings DATE: August 21, 1989 COPIES: Councilwoman Pope Ludl.., Brad Kilqer, Director of Planninq ------------------------------------------------------------- This m_o is in response to Mr.. Ludl..'s request to review the facts in the case concerning the owner of 1040 1/2 West saseline not being able to rebuild her house. The following is an outline of essential facts pertaining to the background. 1. The wood frame house was built in the 1930's 2. The property has been zoned co..ercially since 1964. The property was zoned C-3 and is currently CG 2. 3. The residence/house since 1964 has been a non- conforming use, (meaning legally existed prior to being zoned under a co_ercial designation.) 4. Municipal codes allow non-conforming uses to be continued except when specific incidents occur. The Ordinance lists three (3) specific instances. a. If the building is of a wood frame construction a non-conforminq building may be continued for only 20 years (SBMC 19.66.020) b. Any use/building that "is discontinued for over 180 days (SBMC 19.66.040) c. Any building destroyed more 19.66.050) 5. For the purpose of discussion, I am taking the issues listed above in reverse order. than 50t (SBMC o 0 INTEROFFICB MEMORANDUM: 8908-2718 '1040 1/2 West Baseline Review of SBC findings Augu.t 21, 1989 paqe 2 . - c. DESTROYBD MORE THAN 50': Section 19.66.050, states .wherein the cost of such reconstruc1:ion. .. does not exceed 50' of the reasonable replac_ent value of the building immediately prior to its daaage.. The house is approximately 1247 sq. ft. in floor area. Oainq the current Department cost of $55.37, a reasonable replaceaent value for the house is $69,000. The cost of repair .ust therefore exceed $34,500. The owner has indicated reconstruc1:ion will cost around $20,000. It is staff's estimate that it will cost between $35,000. and $40,000. to reconstruct to current habitibility/coc:le standarels (structural, rewir- inq, partial plUllbinq work, new roof, dry wall, painting, and refinishing floors and/or carpet, new cabinets, etc.) It i. a close judgement call? b. THE OSB AS A RESIDENCE HAS BEEN DISCONTINUED FOR OVER 180 DAYS: Buildinq and Safety staff, at the time of the fire, had reason to believe that the house was not being used as a residence because of the large quantity of business forma, receipts, and supplies in the house. The owner on Auqust 14, 1989 provided a letter indicatinq Mrs. Dulcinea Perea has maintained her primary residence at 1040 1/2 West Baseline, for the 20 years prior to the fire. A question which arises is was there also another residence. a. WOOD FRAME RESIDENCE UNDER SECTION 19.66.020 WERE TO HAVE BEEN DISCONTINUED BY THE END OF 1973. However, this section raises more questions than it answers. - Has this section ever been enforced? - Did the City survey and qive notice to all buildinq owners? - Is this section constitutional? - The orelinance doesn't clearly distinquish between a non-conforminq use ancl a non conforminq buildinq. Example: the use of a residence could be discontinued, the building upgraded to meet commercial building code requirements and a commercial office or retail ~ '. ... 'IHTEROFFICE MEMOQDUM: 8908-2718 0 1040 1/2 W..~ sa..lin. R.vi_ of BBC finding. AUCJUst 21, 1989 Page 3 us. ..tablished. peraitted and the conforainq. Thi. aeana the u.e 18 buildinq i. no long.r non My review of all the foreqoinq aect:iona, includinq the tJnifora Buildinq Code ..... to indicate that the u.e of the buildinq at 1040 1/2 cannot be r...tabliabed a. a sinqle family re.idence. However, this does not Man that the buildinq need. to be deaolillhed. The zoninq Ordinance and the Buildinq Code would allow the buildinq to be upqraded to _et c~rcial standarel. for the e.tablislulent of a leqal use, .ither a. a retail or an offic use. Plea.e advise the Department of Buildinq and safety a. to how i~ should proceed concerning the buildinq at l040 1/2 sa.e- line Street. ~~~ Larry E. Reed, Director Department of Building and Safety LER: nhm