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HomeMy WebLinkAbout20-Planning CI~ ~ OF SAN BERNARDr '0 - REQUr"'T FOR COUNCIL AC' 'ON Frank A. Schuma From: Planning Director Dept: Planning Date: February 7, 1986 ,00 ~~If{\ Subject: 1870 North State Street (Labor Contractors Company) Mayor and Council Meeting of February 17, 1986, 9:00 a.m. Synopsis of Previous Council action: None Recommen<Jed motion: That the Mayor and Council instruct the City Attorney to file an action for a Declaratory Judgement in regard to the property located at 1870 North State Street. ~C1:Yl Signature Frank A. Schuma Contact person: Frank A. Schuma Phone: 383-5057 Supporting data attached: Yes, Staff Report Ward: 6 FUNDING REQUIREMENTS: Amount: Source: Finance: Council Notes: .{4 Agenda Item NeJ 75-0262 C I T Y 0 F SAN B ERN A R DIN 0 INTEROFFICE MEMORANDUM 8602-302 TO: The Mayor and Council FROM: Frank A. Schuma, Planning Director SUBJECT: 1870 North State Street (Labor Contractors Company) DATE: February 7, 1986 (6613) COPIES: Ray Schweitzer, Deputy City Administrator, Cynthia Grace, Deputy City Attorney ------------------------------------------------------------- The subject property was zoned M-l Light Industrial under the County at the time the existing building was constructed in 1957 and 1958. Under the County zoning of M-l, machines were permitted, but heavy welding was excluded and use of the property terminated in May, 1964. Also in May, 1964, the Muscoy Community Zoning Plan became effective and the subject property was zoned R-4 which was a rural estates zoning which permitted single-family units on one acre lots. Thus, the subject property became a nonconforming use under County jurisdiction In 1965, the property owner at that time applied for a variance to establish a machine and welding shop to assemble small trailers. The Planning Commission of the County failed to satisfy the provisions of granting a variance by failing to make the four findings necessary to grant a variance. As a result of not being able to make the four findings, the County entered into an ~reement for a limited use of the property with Mrs. Suter, the applicant for the Variance. Mrs. Suter was to comply with the following conditions: All welding to be performed under roofed areas and to be properly screened. All storage of materials and property to be confined inside fenced areas, no additional buildings to be constructed. This agreement became effective on January 6, 1966. On November 20, 1973 the property was annexed into the City. It was presumed that the property was utilized as permitted by a Variance of the County. The City, over the past 12 years, has been the recipient of complaints arising from the use of the subject parcel. Complaints received resulted from noise created by the operators of the facility at all hours of the day, employee parking on City streets, hours of operation, and expansion of the use outside of an enclosed structure. The use today exceeds the use permitted under the , INTEROFFICE MEMORANDUM: 8602-302 1870 North State street (Labor Contractors Companyy) February 7, 1986 Page 2 agreement with requested. The City has been threatened with a law suit from both the property owners faced with abatement of the use and by the adjacent property owners who have complained over the years of an industrial use in a residential area. the County or the variance originally In order to clarify this situation, staff is requesting that the Mayor and Council instruct the City Attorney to file for a Declaratory Judgement to ascertain whether the City has the right to abate this business as an illegal, nonconforming use. G-A-~ FRANK A. SCHUMA Planning Director mkf ... ,