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HomeMy WebLinkAbout21- Planning and Building Services CITY OF SAS+( BERNARDINO - REQUEST FOR COUNCIL ACTION From: Al Boughey, Director Subject: Appeal of BBC Order No. 2892 Regarding Property Located at 817 North H Street. Dept: Planning and Building Services ORIGINAL Date: March 25, 1996 MCC TIATF• Arril 15T1996 Synopsis of Previous Council Action: None Recommended Motion: That the Mayor and Common Council uphold Order No. 2892 of the Board of Bui mg Commissioners and deny the appeal. Signature Contact person: Al Boughey Phone: 5357 Supporting data attached: Staff Report Ward: 1 FUNDING REQUIREMENTS: Amount: N/A Source:(Acct. No.) (Acct. Description) Finance: Council Notes: gh5li Agenda Item No. o CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT BACKGROUND City records indicate that the permitted use of the structure located at 817 North H Street is commercial. At some time subsequent to the issuance of Certificate of Occupancy No. 57659 for a office use in 1982, the building was converted to a dwelling without required permits or inspections. On August 29, 1990 the Code Compliance Division issued a Notice of Violation for substandard housing conditions and conducted an emergency abatement. (See attachments for additional chronology of events.) On December 4, 1992, the Board of Building Commissioners denied an appeal by the owner, Mr. T.C. Binney. The Board found that the structure had been illegally converted without required building permits from a commercial use to a dwelling in violation of SBMC 15.04.020, UBC Section 502. The Board's Order (No. 1756) directed the owner to "comply with all Uniform Code Standards adopted by the City of San Bernardino and to convert the property back to its intended use". At the Board of Building Commissioners meeting of September 7, 1995, the Board reheard the matter, reaffirmed its earlier findings, and issued an amended order (No.2892) requiring the owner to demolish the non-conforming structure within 30 days. The owner, Highland Avenue Lumber Inc. represented by Mr. T.C.Binney, has appealed the Board's order. Analysis The underlying land use district is RM (residential multi-family). The existing commercial structure is substandard and cannot meet the City's Development Code requirements for single- family residences (i.e. front, side and rear setbacks, maximum lot coverage, off-street parking, etc.), and therefore cannot be legally converted in it present configuration. Also, since the previous legal non-conforming commercial use was voluntarily abandoned by converting it illegally to a dwelling, the non-conforming commercial use may not be re-established. In essence, the existing nonconforming structure cannot be reused for either purpose and must be demolished in accordance with the San Bernardino Development Code, Section 19.62.020 7, which provides: "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". However, the owner , who also owns the adjacent corner lot, could merge the two substandard lots and construct a single-family dwelling on them. The owner has previously been informed of this option in various correspondence. Page 2 of 50 f STAFF RECOMMENDATION A. That the Mayor and Common Council uphold the decision of the Board of Building Commissioners and deny the appeal. Attachments: I: Notice of Appeal II: BBC Order No.2892 III: BBC Background Report dated Oct. 5, 1995 IV: BBC Order No.1756 V: BBC Staff Report (Dec. 4, 1992) VI: Parcel map jl\mcc:1655 Dann Z n-F Cn ' r ATTACHMENT I -----------------------------------------FOR OFFICE USE ONLY -----=--- -- - Departments Receivin Date/Time Stamp: Copies: ' RECE!VFn'-^!'1'e CLERr F r96 -�--- �fRNAR -, /,v, Aa,,, J�,;yy at r Sp o�9 '95 OCT 27 Ail :QQ Original to: City Clerk's c , Office Admin. Operations s` Payment Information: G�'�fD Lty 1� Last Updated: 8/22/95 Account 001-000-4303 CITY OF SAN BERNARDINO - NOTICE OF APPEAL IMPORTANT INFORMATION: Pursuant to Council Action, all Mayor and Common Council appeals must be filed in the City Clerk's Office accompanied by the appropriate fee. Complete All Information Appellant Name & Address: C 1 Contact Person & Address: a-�-- Contact Person Phone Number: Day: �J L So Evening: Affected Property _ Address & APN # �� Q Z Z� Type of Appeal - Check-One: Appeal to the Mayor & Common Council: Appeals to Other Legislative Bodies: (*Adjusted Annually) Planning Commission ($122.00 *) _ Board of Building Commissioners (No Charge) Building Abatement ($75.00) Police Commission (No Charge) Weed Abatement ($75.00) Other/Explain: (No Charge) Vehicle Abatement ($75.00) Other/Explain: (No Charge) (continue next page) f i i i i i Page 5 of 50 t ------------ ®d Page 6 of 50 i I s I i Page 7 of 50 ATTACHMENT II ORDER OF THE BOARD OF BUILDING COMMISSIONERS 1 OF THE CITY OF SAN BERNARDINO 2 ORDER NO. 2892 CASE NO. 3534 3 4 WHEREAS, pursuant to the San Bernardino Municipal Code, Title 5 15 , Chapter 15 . 28, the Building Official has posted a building (s) 6 located at 817 North "H" Street, San Bernardino, California, with 7 a "Notice to Abate Nuisance" and has notified the person(s) having 8 an interest in said property that the said building (s) or premises 9 constitute a public nuisance; 10 WHEREAS, pursuant to San Bernardino Municipal Code, the 11 Building Official has served a "Notice of Hearing Before the Board 12 of Building Commissioners of the City of San Bernardino" , relating 13 to abatement proceeding, to all person (s) having an interest in 14 the above property, and has prepared a declaration of mailing of 15 the notice, a copy of which is on file in these proceedings; and; 16 WHEREAS, a hearing was held to receive and consider all 17 relevant evidence, objections or protests on October 5, 1995, and; 18 WHEREAS, there was. an appearance made by James Roe, appearing 19 on behalf of the owner Mr. TC Binney, who was not present. 20 21 22 23 24 25 26 27 28 Paae 8 of 50 ar 1 BOARD OF BUILDING COMMISSIONERS ORDER NO. 2892 CASE NO. 3534 2 PAGE 2 3 NOW THEREFORE, IT IS ORDERED BY THE BOARD OF BUILDING 4 COMMISSIONERS OF THE CITY OF SAN BERNARDINO AS FOLLOWS : 5 SECTION 1 . Based upon the evidence submitted, it was found 6 and determined that the building(s) and or premises located at 817 7 North "H" Street, San Bernardino, California constituted a public 8 nuisance. 9 SECTION 2 . The Board of Building Commissioners accepted 10 staff' s recommendations . The property owner(s) are hereby 11 directed to comply with the following requirements . The Board 12 reaffirms its earlier findings as noted in Order No. 1756, and 13 That the owner is directed to obtain the necessary permits and 14 demolish the nonconforming structure within 30 days, and If the 15 owner fails to demolish the nonconforming structure within 30 16 days, then the City shall take action to abate the public 17 nuisance. The property shall meet all applicable codes adopted by 18 the City of San Bernardino. 19 SECTION 3 . Upon the owner(s) of record failure to comply 20 with the order of the Board of Building Commissioners, the Code 21 Compliance Division shall proceed to initiate abatement action by 22 obtaining an Inspection/Abatement warrant to abate violations 23 noted. 24 SECTION 4 . Any person aggrieved by this order, may appeal to 25 the Mayor and Common Council by filing a written statement with 26 the City Clerk. The statement must include the order number 27 appealed, the specific grounds of your appeal, and the relief or 28 action sought . The written appeal must be received within fifteen 1 BOARD OF BUILDING COMMISSIONERS ORDER NO. 2892 CASE NO. 3534 2 PAGE 3 3 (15) days from the date of this notice dated October 13,. 1995 . 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 10 of 50 t BOARD OF BUILDING COMMISSIONERS ORDER NO. 2892 CASE NO. 3534 I HEREBY CERTIFY that the foregoing order was duly adopted by the Board of Building Commissioners of the .City of San Bernardino at a regular meeting _thereof, held on the 5TH day of OCTOBER 1995, by the following vote, to wit : COMMISSIONERS: AYE NAY ABSTAIN ABSENT Alfred Enciso Carol Thrasher Amado Savala X Larry R. Quiel "Joe" V. C. Suarez, Jr. Ruben B. Nunez x Herbert Pollock X Benjamin Gonzales A Leo Cash, Jr. x Clerk, Board of Building Commissioners The foregoing order is hereby approved this 5TH day of OCTOBER, 1995 . ha' an, oar o uil n ommissioners Approved as to form and legal content: James F. Penman, City Attorney By: Page 11 of 50 ATTACHMENT III BBC BACKGROUND REPORT - 817 N. H Street Old Business: Review of Previous BBC Action Staff Member: J. Lease Hearing Date: Oct. 5, 1995 BACKGROUND Previous BBC Action: On December 4, 1992, the Board denied an appeal by the owner, T.C. Binney. The Board found that the structure had been illegally converted from a commercial use to a dwelling in violation of SBMC 15 . 04 . 020, UBC Section 502 . The Board' s Order (No. 1756) directed the owner to "comply with all Uniform Code Standards adopted by the City of San Bernardino and shall convert the property back to its intended use" . At the Board of Building Commissioners meeting of September 7, 1995, Mr. James Roe, representing the owner, T.C. Binney, raised several issues regarding the subject property. The Board has asked staff to review and report on the case. Mr. Roe' s contentions include: 1 . A permit was issued in 1951 for the conversion of the building to a dwelling. 2 . That the City' s action precludes the owner from utilizing the property for any useful purpose. Mr. Roe' s first contention is true. Building Permit No. 12251 to "Enlarge Office to Dwlg. " was issued on 10/4/51 (Attachment A) . Unfortunately, this permit is invalid since it was canceled on 8/31/53 (see note "CANC" on permit) . Checking the notes on the County Tax Assessors record- (Attachment B - "Commercial Building Record") corroborates this fact. Under the remarks section is - found the following notation: "Add Permit 10/4/51 - Not Installed" . ' Therefore this never occurred. At about the same time that Permit No. 12251 was canceled, a new permit was obtained by the new owner. This permit No. 18059 issued on 7/16/53 to "Add Room to Comm. . Bldg. " was later finaled on 12/22/53 . Our conclusion is that the legal permitted use of the building continued as commercial . This is further supported by - the four Certificates of Occupancy issued for commercial uses between 1975 and 1982 . Mr. Roe' s second contention that due to the City' s action the property cannot be utilized for any useful purpose is not accurate. The existing structure is substandard and cannot meet the City' s Development Code requirements for single-family residences, and cannot be legally converted in it present configuration. Also, since the owner voluntarily abandoned the previous legal non- conforming commercial use by converting it illegally to a dwelling, Page 12 of 50 1 the non-conforming commercial use may not be re-established. In essence, the existing nonconforming structure cannot be reused- for-:^,6 either purpose and must be demolished in accordance with the San Bernardino Development Code, Section 19 . 62 . 020 7, which states "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" . However, the owner , who also owns the adjacent corner lot, could merge the two substandard lots and construct a single-family dwelling on them. The owner has previously been informed of this option in various correspondence. In reviewing this case, it was noted that the staff recommendation adopted by the board (i.e. that "The owner. . . .shall convert the property back to its intended use") is not achievable. Therefore we suggest that the Board amend its previous order. STAFF RECOMMENDATION A. That the Board reaffirms it earlier findings as noted in Order No. 1756, and B. That the owner is directed to obtain the necessary permits and demolish the nonconforming structure within 30 days, and C. If the owner fails to demolish the nonconforming structure within 30 days, then the City shall take action to abate the public nuisance, and D. The owner shall incur all current and future costs of abatement in the form of a lien or personal obligation, which if not paid shall be recorded with the County Tax Assessor as a special assessment on the property tax records . Attachments : A: Permits B: County Commercial Building Record C: BBC Order 1756 D: Pre-permit Inspection Report E: Correspondence Page 13 of 50 ��'��."�"`c ��it �.}'�,�l�Q-''s'lfi�'K �x'• . 'kit"=���fr�y':t 4 � kY •Y-ytt ,�ty �� `t d+ �!�[?�`Q���RP � ''�3,."r r r r a ?a���-t--y '.f�i�"`3'R".y'i'R"�'•>„".'q '� � - em' `ir * RAW M1t i p_ L r3i✓��y�l���xrtac������.F��;�'>�' �xr•�f.a�'x�sq'��„�la�. ��� -♦ '`�.r;.�• ,'r;.y�f .•4a`^��°�`.�'+'a Zi¢ 'L�� W.saA�.1�5j�2i i::L7d.������,,...����f�°±�!•.3f Il • 11 STREET It1 .�.. • NO. 817 CONTRACTOR HaUl7ick3b'ff7Plbg. OWNER Billie Oliver TYPE OF WORK VALUE BUILDING PLUMBING WIRING FIXTURES SERVICE OTHER SIGN COMPLETIC PERMIT 6200 _ NO. 3 DATE -26- BI 2,8M. 7.52 STREET NHM NO. 817 CONTRACTOR f^ -Mrs.--Billie Oliver OWNER 8 @lf VIIIIIIIIIIIII'm =s_; TYPE OF WORK Add Room to Comm. B1dg\1ALUE 1- 200- BUILDING PLUMBING WIRING FIXTURES SERVICE OTHER SIGN COMIO¢IC PERMIT 3.8059 52523 El cn NO. 251 C4 - o 16/5 -17 3 9 17- 3 W DATE BI 2,8M, 7.82 STREET ttHtt N0317 CONTRACTOR San Bdno Sheet Metal OWNER 1,.rs. Billie Oliver TYPE OF WORK Cooler-dwl7_ VALUE?Sn_nn BUILDING PLUMBING WIRING FIXTURES SERVICE OTHER SIGN COMPLET. PERMIT 6806 66991 - NO. DATE -2-57 4/2/5 BI 2,IOM 10-88 ' f J n___ fr _r rn t4 .—CITY OF SAN BERNARDINO N2 13330 ti BUILDING INSPECTION Rec fr.i,3129 817 No. H St Fee 10.00 APPLICATION Address of building FOR CERTIFICATE FIRM NAME_- Ruben's Coiffures OF "_.•, ,�.M .. Describe Use of Building and Lot OCCUPANCY Beauty Salon Riihal Nrnntnnn (PTS TU\ ;wnT W= IA2,17_5 IN THE Pis-�_ Type of Flammable or Explosive Liquids Used if Any_ No X Previous Use of Building was same Signature of Applicanf Date 1/21/75 I Address 2151 Jirdsor Dr. SB Ca 92404 Phone -- IApplication Approved Disapproved ❑ Used Zone Fire Zone Occupancy Group Type Construction Remarks_ oe 1.10 D Date Building Inspector ` B1-9--IM-72 CITY OF SAN BERNARDINO N2 137' 68 BUILDINGi- SPECTION Rec #15544 f / 817 N. H St 10.00 APPLICATION Fee 4 Address of building FOR 10 � FIRM NAME Guys & Gals Styling CERTIFICATE OF Describe Use of Building and Lot OCCUPANCY Beauty shop (INSPECT MON 10/27M in the Malta Crane Type of Flammable or Explosive Liquids Used if Any NO X l Previous Use of Building same Signature of Applicant Date 10/24/75 Address lqqme A2410 Phone Application Approved disapproved ❑ Used Zone Fire Zone Occupancy Group Type Construction Remarks - J7 �- c Date Jding Inspector BI-9--IM-72 Page 16 of 50 A m` Mn[j0F SAN BERNARDINO 2 72 BUILDING-INSPECTION N? 14685 817 No. '$H" Street Fee 15 .00 Address of building CERTIFICATE H > ( FIRM NAME Rod 's OF Describe Use of Building and Lot OCCUPANCY N • Light groceries , XM toys, Childrens Market _ Rodney Dovey-Please inspect 4/5/77 b.m. I Type of Flammable or Explosive Liquids Used if Any None i Previous Use of Building t SBo Signature of Applica Date 4/5/7 7 AddressS ame Phone Application Approved Disapproved ❑ Used Zone— Fire Zone Remarks: { Elec. Approved Disapproved { _ Plumb. Approved Disapproved redlding Department Bldg. Approved Disapproved NAR s- E IF - a - � ,'- Grou�i .<BACt�> iY T. EP1'�S � �ReA1 ese - FIRM NAME �tlSE OF BU)LDIR . ��rr... tuMT�• �;�` �'F�T�'.,,� �..���!'acq:�� '` .r?e� :�37Q��{r��irV�<�t� . F.z. 4— ICAtVT DAMES U. A ld: Elec,rov rPlmb .A . ` PP , g Bldg DATE APPROVED �` mINSPECT A IMF y Inspector -'Rearks. Cenit�ing flega won` orff-_rming use:' Ala © street W11k teCustorrler:Blue ffealth'Green�l fng Canary Clty Clerk Ink Firb fomE, ^-S x -a- ..'S;, w,�,i _C a• e °�i++F.,. Page 17 of 50 x NJ IC W C b W N w 0 Q cc it O GO lT! OI i W k j k ik Qr Qc u 2 w j O .0 rr Q ^ / � � I C 1 ♦ Y � fig• Y \ J 2 c a a c E ° U o a o C ; � o e cd o o Q a Z oc J o � � ° old ? r. �� uo ` � U �+ J '♦ ti V � � � 11 c `-� U � � D o N V Lo Wt 4 acv O 2 o O w � C O ♦ t \ � I � � w `w•� O . O Q � � � p O o W O o Q Q 1 Cl CO QC � � 9 E f50 i lei 1' P .N (� M AT, s w y Q L C -1 J ri � •�__ ` c �� 0 1 f b I .I I -I -1—•-7—I -f- —�—?--, -�--j —I—}--— ----�._ TT-.1._{._ I - t1T TT�i 4-H4+ � } i I 11 _-ice TT- qd I I T' -- -= - - - - - I fi T- I T l I—I —� T t — 'i.t .�_+ �� S r • +� ±T -'�-r-I-T y I t-I - - - L I-1� I -F..y.._ r- •-+-' _ _ J_ I _i_' r _ _L- Y t T -F-t -7 ILI ' ! 1 1-f+l -rt-T i -; -i-t-I-t {-�II rtI +-r-� - -, +7-t �-1 -- r }}�� Y-t- { I- ✓ � ,-; - +-j '-t - -I- T I _ T --�. �.-.i t T -- - —f - t - t�-1- t �I I i I I IITT -I - � I ,,,�• � I #FF I I _ City of San Bernardino "° DEPARTMENT OF PLANNING AND BUILDING SERVICES Code Compliance Division .o (714) 384-5205 TC BINNEY January 4 , 1993 _ HIGHLAND AVE LUMBER Order No: 1756 1680 W HIGHLAND AVENUE SAN BERNARDINO, CA Pursuant to the action of the Board of Building Commissioners taken on December 4, 19921 regarding 817 North IIH11 Street, your appeal was denied. Attached hereto, is a copy of the Board of Building Commissioner's Order, which states the findings of the Board and the action(s) necessary to correct the violations. As owner(s) an/or vested parties of record, you may appeal the Board's findings to the Mayor and Common Council within fifteen (15) days of the date of the notice. This appeal should be filed with the City Clerk's Office, 300 North "D" Street; 2nd floor, -San ° Bernardino, Ca. 92418. . A fee of $75. 00 must_ accompany --your request. The written appeal should include: - (a) Property location_, parcel number and report/project number; (b) Specific grounds for appeal ; and (c) The- relief or..-action Sought from the Board- _ 308E w - The costs incurred by the city for abatement proceedings against the property are S -a however this amount does-not-.reflect direct _ costs _associated with case preparation and all other costs -that ma9 J i be owed to the city for previous actions -• - Z If you have any questions regarding these costs or the appeal procedures, please contact the City Clerk's Office at 384-5002 . Co d4 Compliance Supervis t a • e' Al Boughey, Director of Planning and Building Services Debra L. Daniel, Code Compliance Supervisor 300 North "D" Street, San Bernardino , CA 92418 i I ORDER OF THE BOARD OF BUILDING COMMISSIONERS 2 OF THE CITY OF SAN BERNARDINO DENYING AN APPEAL 3 ORDER NO. 1756 REPORT NO. 89-3534 4 WHEREAS, pursuant to the San Bernardino Municipal Code, Title 5 15, Chapter 15.04 that adopts the International Conference of 6 Building Official (ICBO) Uniform Building Code 1988 Edition, the 7 Building Official on September 22, 1991 sent a letter to the owner 8 of a building and premises located at 817 North nH11 St. , San 9 California, setting forth the determination the Bernardino, Calif , 10 building's use had been illegally converted to a residential use 11 and has notified the person(s) having an interest in said property 12 that the said residential use constitute an illegal occupancy 13 (nuisance) ; 14 WHEREAS, pursuant to said San Bernardino Municipal Code, the 15 Building Official has served a "Notice of Hearing Before the Board 16 of Building Commissioners of the City of San Bernardino", relating 17 to occupancy/use, to the person(s) having an interest in said 18 property, and has prepared a declaration of mailing of the notice, 19 a copy of which is on file in these proceedings; and 20 WHEREAS, a hearing was held to receive and consider all 21 relevant evidence, testimony relating to the appeal of the Building 22 Official's determination on December 4. 1992; and 23 WHEREAS, the Board of Building Commissioners did hear 24 testimony - and did examine the evidence offered by the parties 25 relative to such alleged illegal conversion. 26 27 2s 1 Page 21 of 50 AMOY 1 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF BUILDING COMMISSIONERS OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 2 SECTION 1. Based upon the evidence- submitted, it was found 3 and determined that the building(s) and or premises located at 817 4 North 'OHIO St. , San Bernardino, California constituted an illegal 5 conversion under Section 502 of the San Bernardino Building Code. 6 SECTION 2. Based upon the evidence submitted, the Board of 7 Building Commissioners accepted staff's recommendation. They found 8 that the building had been illegally converted from a commercial 9 building to a single family residence without required permits. 10 The owner is directed to comply with all Uniform Code Standards 11 a ted by the City of San Be ardino and shall convert the 12 property. "back to its intended—use.w� 13 SECTION 3. The City was not required to initiate abatement at 14 this time and has not incurred any direct costs concerning this 15 appeal. Past direct costs have been lien- upon the property and 16 future related abatement costs to the City shall be the personal 17 obligation of the owner(s) and shall: be additional costs placed as 18 a lien upon the property. 19 SECTION 4. Any person aggrieved by this order may, within 20 fifteen (15) days of the date of this notice dated ,JANUARY 4 , ' 21 1993 , may appeal to the Mayor and Common Council by filing with the 22 City Clerk a written statement of the order appealed which includes 23 the specific grounds of the appeal and the relief or action sought 24 from the -Mayor and Common Council. 25 26 27 23 2 Page 22 of 50 1 BOARD OF BUILDING COMMISSIONERS 2 ORDER NO. 1756 REPORT NO. 89-3534 3 1 HEREBY CERTIFY that the foregoing order was duly adopted by 4 the Board of Building Commissioners of the City of San Bernardino 5 at a regular meeting therefore, held on the 4th day of December 6 1992, by the following vote, to wit: 7 COMMISSIONERS: AYE NAY ABSTAIN ABSENT 8 Chairman-Herb Pollock % 9 Vice Chairman-Gene Pensiero % 10 Dan Westwood % 11 Pete Cortez % 12 Jack Hunt % 13 Benjamin Gonzales % 14 Manuel Flores % 15 Thomas Chandler % 16 _ 17 J d of Building Commissioners 18 The foregoing order is hereby approved this 7th day of December, 19 1992. 20 Chairman, d of Building Commissioners 21 Approved as to 22 form and legal con nt: 23 B �t Y= 24 James Penman, City ttorney 25 26 27 28 3 Page 23 of 50 i City of San Bernardino Planning and Building Services PRE-PERMIT INSPECTION REPORT _X—Rehab. HUD Other Owner: Highland Avenue Lumber/ Ted Binney Mailing 1680 W. Highland Ave. Address: San Bernardino, Ca. 92411 Date: January 28 , 1993 Pre-permit No. : 92856 Subject Property: 817 N. "KII Street Code Enforcement File No. 89-3534 Upon inspection of the above referenced property, the following building and housing code violations and/or deficiencies were noted: 1. Faulty Weather Protection, UHC 1001(h) : - Broken window glass, - Damaged/deteriorated wood siding, - Water damaged roof sheathing and defective roof covering. Water damaged plywood at eave soffits. - Missing or damaged exterior doors, jambs, thresholds and weatherstripping. 2 . Address numbers must be posted against a contrasting background to be* plainly visible ano legible from the street. UFC 10. 301. 3. Substandard Electrical Wiring, UHC 1001(e) : - Damaged exterior light fixtures, - Panel cover is missing from the electrical service panel, - All unused openings in electrical boxes must be properly sealed, - All electrical conductors and splices must be enclosed in approved junction boxes, - Electrical conduits must be properly secured, 4. The gas and electrical meters have been removed. A permit and inspection is required for approval to reconnect. An air pressure test of the gas piping system is required. UAC 202 and UPC 1206 (c) 5. Hazardous Mechanical Equipment, UHC 1001(g) : - A wall furnace has been installed without required permit or inspection. The installation is substandard and constitutes a fire and life safety hazard due to the fact that a Type B vent was not installed and the stud space is used to vent flue gases. UAC 301(a) n___ nA _Z CA VY ,: Pre-Permit Inspection Report No. Subject Property: February 1, 1993 Page 2 of 6. Substandard Plumbing, UHC 1001(f) : - Kitchen sink has been installed without required permit or inspection, - Substandard shower installed without required permits (i.e unlisted fixture, inadequate size and headroom, not vented or trapped, inadequate drain size, etc. ) - The water heater has been vandalized. 5. Lack of required natural light and ventilation. UHC 1001(b) . 6. Electrical receptacle outlets must be provided in accordance with NEC 210-52. 7. The interior wall and ceiling coverings are water damaged due to the leaking roof. UHC 1001 (b) and (h) 8 . Property Maintenance, SBMC 15.24 .040: - Accumulation of trash and debris on the premises, - The building needs painted. - Landscaping must be maintained. Commentary: Due to the fact that this building has been vacant in excess of 180 days, and the fact that the previous commercial use was abandoned by illegally converting the structure for use as a residence, the nonconforming commercial use may not be re- established. In order to legalize the use of this structure as a dwelling it must meet the standards contained in the Development Code (SBMC Title 19) for setbacks, lot coverage, dwelling size, off-street parking, landscaping, etc. Due to the current size of the lot, this would not be possible. one solution to provide a viable use for the property would be to combine the two lots currently.under your ownership (i.e. this lot and the adjacent corner lot) . This can be accomplished through a "lot merger" . The resultant lot would have an area of approximately 3580 square feet. Since the resultant lot would be considered a legal non-conforming "lot of record", it is permissible to develop it even though it does not meet the minimum lot size requirement, provided that other development standards can be met. This resultant lot should be large enough to facilitate the construction of a 1000 square foot single-family dwelling (which is the minimum size allowed for infill lots) , and the required two-car garage of 400 sq. ft. . Dependent on the size and configuration of the actual footprint, it is likely that a variance 1 l Pre-Permit Inspection Report No. Subject Property. February 1, "1993 k° ., .: i Page 3 of for a reduction in the setbacks would be necessary. In summary, the current structure cannot be converted back to a commercial use, nor can it be legally converted to a residential use, since it is impossible to make it comply with the Development Code. Short of acquiring additional land, a lot merger could provide a potentially buildable lot for a single-family dwelling. Please contact the Planning Division for further information regarding the specific Development Code requirements. If you should have any questions about other aspects of this report, please feel free to contact me at your convenience. Sincerely, J sep Lease Building Inspection Supervisor prepermit:817 n. H cc:dd, ler,vr Page 26 of 50 aYuv,1 u n��r -� C I T Y O F an bernardin' 'o D E P A R T M E N T OF P L A N N I N G A N D B U I L D I N G SERVICES A L B O U G H E Y , A I C P D 1 R E C T O R October 21, 1993 Mr. Terry Bacon P.O. Box 52 Lytle Creek, CA 92358 RE: 817 N. "HI' Street Dear Mr. Bacon: This letter is in response to your letter date September 17, 1993 with regard to conversion of the structure located at 817 N. 1tH" Street to a single-family residence. On June 4 , 1993 , the City sent Mr. John Lightburn a letter regarding the property, which summarized the processes for converting the existing structure, or constructing a single-family residence on the property. This information remains applicable and is summarized below. A Development Permit I application is, required to convert the existing structure, or to construct a single-family residence. To establish a single-family dwelling, you must meet all Development Code Standards pertaining to setbacks, lot coverage, dwelling size, off-street parking, landscaping, etc. A DP I application must be accompanied by the appropriate fee and five copies of the site plan, floor plan, and elevations. You do have the option of applying for a variance if you feel that there are special circumstances applicable to this property and you can make the findings to support your argument. Attached is Chapter 19 .72 of the Development Code pertaining to variances. Please note that the applicability of a variance is limited to the items outlined in Section 19.72 . 030, and that the Planning Commission cannot approve variances for other items such as unit size, deletion of on-site parking, etc. Planning staff would not support a variance to convert the existing structure to a residence. The structure was last a commercial structure, and has been vacant for more than 180 days. Conversion of the structure constitutes a change of use that subjects the proposal to all applicable Development Code Standards. It appears PRIDE 300 NORTH D ' STREET . SAN BERNAR01NO , INPROGR SS C A L I F O R N I A 9 2 4 1 8 - 0 0 0 1 (7 1 4 ) 3 8 4- 5 0 7 1 /5 0 3 7 Mr. Terry Bacon 817 N. "H" Street October 21, Page 2 that you cannot meet many of the Development Code requirements if the existing building remains, even by merging the two parcels (APN's 140-192-25 and 140-192-26) . The owner, Mr. Binney, has the option of applying for a demolition permit and constructing a new structure on the single-lot, or by merging the two lots as mentioned in your letter. Merging the two lots will provide more area which should accommodate . the construction of a 1, 000 square foot single-family dwelling and two car garage in compliance with applicable Development Code Standards. Please let me know if you have any further questions or if I can be of any further assistance in this matter. Since el , MICHAEL R. FINN Associate Planner cc: Ted Binney 1680 West Highland Avenue San Bernardino, CA 92411 Frank Rhemrev Deputy City Attorney Joe Lease Building Inspection Supervisor Sandra Paulsen Senior Planner Page 28 of 50 ATTACHMENT IV i 1 ORDER OF THE BOARD OF'BIIILDING COXH:rSSIONERS " 2 OF THE CITY OF SAN BERNARDINO DENYING AN APPEAL 3 ORDER NO. 1756 REPORT No. 89-3534 4 WHEREAS, pursuant to the San Bernardino Municipal Code, Title 5 15, Chapter 15.04 that adopts the International Conference of 6 Building Official (ICBO) Uniform Building Code 1988 Edition, the 7 Building Official on September 22, 1991 sent a letter to the owner 8 of a building and premises located at 817 North aHn St. , San 9 Bernardino, California, setting forth the determination the 10 building's use had been illegally converted to a residential use 21 and has notified the person(s) having an interest in said property 12 that the said residential use constitute an illegal occupancy 13 (nuisance) ; 14 WHEREAS, pursuant to said San Bernardino Municipal Code, 'the 15 Building Official has served a "Notice of Hearing Before the Board_ 16 of Building ommissioners of the City of San Bernardino" g y relating 17 to occupancy/use,p to the persons) having an interest in said 18 ro p ert p y, and has prepared a declaration of mailing of the notice, 19 a copy of which is on file in these proceedings; and 20 WHEREAS, a hearing was held to receive and consider all 21 relevant evidence, testimony relating to the appeal of the Building 22 Official's determination on December 4, 1992; and 23 WHEREAS, the Board of Building Commissioners did hear 24 testimony and did examine the evidence offered by the parties 25 relative to such alleged illegal conversion. 26 27 2s 1 Pans 9A of ;n r� 1 1 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF BUILDING COIMMISSIONERS OF THE CITY OF SAN BERNARDINOtAS­FOLLOWSs `, 2 SECTION 1. Based upon the evidence- submitted, it was found 3 and determined that the building(s) and or premises located at 817 4 North "H11 St. , San Bernardino, California constituted an illegal 5 conversion under Section 502 of the San Bernardino Building Code. 6 SECTION 2. Based upon the evidence submitted, the Board of 7 Building Commissioners accepted staff's recommendation. They found 8 that the building had been illegally converted from a commercial 9 building to a single family residence without required permits. 10 The owner is directed to comply with all Uniform Code Standards 11 -adapted by the City of San Be ardino and shall convert the propertX_back=-fo its intended-us�e�. 13 SECTION 3. The City was not required to initiate abatement at 14 this time and has not incurred any direct costs concerning this 15 appeal. Past direct costs have been lien upon the property and 16 future related abatement costs to the City shall be the personal 17 obligation of the- owner(s) and shall be additional costs placed as 18 a lien upon the property. 19 SECTION 4- An person -aggrieved Y p ggrieved by this order may, -within 20 fifteen (15) days of the date of this notice dated .JANUARY 4 , 21 1993 , may appeal to the Mayor and Common Council by filing with the 22 City Clerk a written statement of the order appealed which includes 23 the specific grounds of the appeal and the relief or action sought 24 from the Mayor and Common Council. 25 26 27 28 2 i I 1 O OF BUILDING COMMISSIONERS 2 ORDER NO. 1756 REPORT NO. 89-3534 3 I HEREBY CERTIFY that the foregoing order was duly adopted by 4 the Board of Building Commissioners of the City of San Bernardino 5 at a regular meeting therefore, held on the 4th day of December 6 1992, by the following vote, to wit: 7 COMMISSIONERS: AYE NAY ABSTAIN ABSENT 8 Chairman-Herb Pollock g 9 Vice Chairman-Gene Pensiero % 10 Dan Westwood g 11 Pete Cortez g 12 Jack Hunt Z 13 Benjamin Gonzales g 14 Manuel Flores g 15 Thomas Chandler z 16 �lerk, Board of Building Commissioners 18 The foregoing order is hereby approved this 7th day of December, 19 1992. - 20 a 4t Chairman, d of Building Commissioners 21 Approved as to 22 form and legal cont nt: 23 By: .� 24 Jame Penman, City s ttorney 25 26 27 28 3 Page 31 of 50 ATTACHMENT V STAFF REPORT REQUEST The applicant (John Lightburn) on behalf of Ted Binney (owner) is appealing the Department of Planning and Building Services letter of August 7, 1992 . This letter determined the building must meet current Building Code and Development Code standards. 1. The structure was originally built as a commercial building (building code occupancy, B2 - General Retail) and then converted into a residential dwelling use (R3 - Single Family House) without obtaining building permits (illegal building code occupancy) . 2 . The building was vacant (abandoned) for over 180 days therefore, per Development Code Section 16.62.030, Subsection 2, the structure lost all of its nonconforming status. BACKGROUND " The following is a history of the property based upon the Department's Building Inspection Division and Code Enforcement Division files. `a 3/31/47 Permit to create/construct an office. a 1/10/49 Permit to do plumbing (no indication of the use) . 10/4/51 Permit to enlarge office in a dwelling. 6/26/53 Permit to do plumbing (no indication of the use. ) 7/16/53 Permit to add a room to a commercial building. 4/2/57 Permit to install cooler to dwelling. 5/12/69 Permit to install new electrical service to an existing commercial building. 1/23/75 Certificate of Occupancy for a beauty salon (application indicated previous use of building was a beauty salon) . (Attachment A) . 10/27/75 Certificate of Occupancy for a beauty salon (change of owner) . (Attachment B) . 4/13/77 Certificate of Occupancy for a retail use_ (such as groceries, toys, children's market) (Attachment C) . 12/6/82 Certificate of Occupancy for a real estate investment l ATTACHMENT B CITY OF SAN BERNARDINO N2 13768 I BUILDIRCL-WPECTION Rec #15544 , 817 N. H St 10 .00 APPLICATION Address of building Fee FOR 16 HRM NAME Guys & Gals Styling CERTIFICATE OF Describe Use of Building and Lot - OCCUPANCY Beauty shop (INSPECT MON 10/27/ in the Malta Crane Type of Flammable or Explosive Liquids Used if Any No X Previous Use of Build* same Signature of Applicant Date 10/24/75 f Address a Phone I Application Approved disapproved ❑ Used Zonc Rrc Zone f Occupancy Group Type Construction Remarks - i I Date riding Inspector Et---*—I M-72 a Page 38 of 50 J ATTACHMENT C .CT,OF SAN BERNARDINO 22372 c� BUIEDING 'INSPECTION N? 14685 817 No. "HH" Street Fee 15 .00 ''ll Address ; building CERTIFICATE FIRM NAME Rod 's OF �Uv�•• k Describe Use of Building and Lot_ OCCUPANCY C�K,, Light groceries , ]W toys, Children 1 Market ��ti i Rodney Dovey-Please inspect 4/5/77 Type of Flammable or Explosive Liquids Used if Any None I Previous Use of Building t S$o Signature of Applica Date 4/5/77 I AddresaS ame Phone Application Approved Disapproved E] Used Zone Rre Zone I Remarks: Elec. Approved Disapproved _ Plumb. Approved Disapproved ! s.nc9.9 c.parha"r � Bld'9• Approved Disapproved I i i I Page 39 of 50 C� ATTACHMENT D CITY OF SAN BERNARDMiQpowIMPARTMENT OF BUILDING AND SAFETY CERTIFICATE W OC490A CY ,r._. _y f 300 North"D'•Street,San Bernardino,CA 92418 Tel.383-5a71 877 tV rrH1i St. RECEIPT NO. 573�1 ADDRESS OF BUILDING t Group TYPe Cont. Zone Datel 1/24/32 Fee ��♦1 ; T. K. RAC014 IiiVEST E:vTS " Real estate invstimnt ofTi-' FIRM NAME USE OF BUILDING { Same .Beauty salon i APPLICANT NAME Previous Use of Building 1 Flammable or Explosive Liquids No X � �`;r r•t" T Applicant Signature 7444 Oakwood ave, Hesperia, CA 92345 714/839 3143_ ' - Mailing Address _ Zip Phond Approved: Else._Plm by _B Idg. DATE APPROVED ol Co Rs1harks NSPECT ANYTIME-CALL Inspector legal non conforming use. No off street FIRS- 4 =rking Der Planning Dent-_E. Collins tEt. White-Customer Blue-Health Green-PI ping Canary-City Clerk Pink-Fire Goldenrod-Enginewing _ �!l-�r- .l�l� Revised 6/27/80 1i i t i Page 40 of 50 i y r VP-PPP- I � y or BIIZI.DIITG or COIOLIB8*8R8 ATTACHMENT E 2 ORDER VO. 1464 REPORT ISO. 89-3534 3 SECTION 1. Based upon the evidence submitted, it was' found 4 d *determined that the building(s) and/or premises located at 3 817 North 'H' Street ' San Bernardino, California, constituted a 6 • ublic nuisance for the reasons set forth in Exhibit "A", attached 7 hereto and incorporated herein by reference as though fully set s forth at length as the findings of fact of the. Board. 9 SECTION 2. Based upon the evidence submitted, it was deter- 10 mined that the" City of San Bernardino was required to initiate 11 abatement actions; that the City incurred costs in the sum of 12 1 $ 1 .011 .30 to abate the above property, and that these. costs to the 13 City to abate the above property shall be the personal obligation 14 of the owner(s) as well as a lien on the above property. P 15 SECTION 3. The owner(s) is directed to keep the vacant 16 building(s) boarded and secure and to keep the premises free of 17 debris, trash, and graffiti. The owner(s) is directed to obtain is permits and to rehabilitate the building(s) in compliance with 19 city codes prior to any occupancy. 20 SECTION 4. Any person aggrieved by this order may, within 21 fifteen (15) days after November 12, 90, appeal to the Common 22 Council by filing with the City Clerk a written statement or the 23 order appealed from the specific grounds of appeal and the relief 24 or action sought from the Common Council. 25 26 27 28 CE: 102 -2- Page 41 of 50 i office (Attachment D) . 9/9/86 Permit to reset gas meter. 7/7/89 City receives a complaint about substandard housing conditions (building 11' 6" wide x 35' long. ) The building ordered vacated. 9/5/89 Permit to rehab/repair (dwelling) . 10/10/89 City permit to rehab is revoked based upon the fact that the permit was issued in error. 8/90 City receives complaints about trash, debris, overgrown vegetation and transients using the building as a restroom. 8/6/90 Inspected by City Code Compliance Officers. 8/13/90 Inspection and abatement warrant issued to the City by Municipal Court Central Division. 8/13/90 Property cleaned by City (City incurs cost for cleanup) . 8/29/90 Property declared a public nuisance by Code Enforcement Division. a 10/1/90 Board of Building Commissioners hearing set concerning certification of cost to various City abatements. 11/1/90 Owner appeals verbal order to demolish the building (never defined as to who; no order to demolish issued. 11/2/90 Board of Building Commissioner (BBC) meeting. Board of Building Commissioners upholds the City's cleanup cost of $1, 011. 30. The BBC Order No. 1464 reads in part: "Section 2, "Based upon the evidence submitted, it was determined that the City of San Bernardino was required to initiate abatement action; that the City incurred costs in the sum of $1, 011. 30 to abate the above the property and that these costs to the City to abate the above property shall be the personal obligation of the owners, as well as a lien on the above property. " "Section 3 , The owner(s) was directed to keep the vacant building boarded and secured and to keep the premises free of debris, trash, and graffiti. The owner(s) was directed to obtain permits and to rehabilitate the building in compliance with City codes prior to any occupancy. " (Attachment E) 2/91 Owner paid for a pre-permit inspection. Paqe 33 of 50 I I I 2/20/91 Inspection was done by the City. The what must be done to convert the commercial report b ildingiinto 4� a residential dwelling unit. 4/18/91 Lien $1, 011.30 filed in San Bernardino County Deed Records. 9/23/91 The City sends a letter to the owner explaining why the building must meet current codes applicable for a residential dwelling unit. (Attachment F) 7/23/92 Letter from John Lightburn to Councilwoman Estrada, requesting that Mr. Binney be allowed to rehabilitate (convert) the building for low-income people without meeting current Development Code standards (landscaping, driveways, etc. ) (Attachment G) 8/7/92 The City responds to Mr. Lightburn's letter, further explaining the City's position. (Attachment H) 9/23/92 Letter from John Lightburn a determination to the Planning Commission 1 Atta hment1I)y NOTE: Under Section 15. 04. 070, San Bernardino Municipal Code, all appeals of orders, decisions, or determination made by the Building Official (Department) relative to the application and interpretation of the Building Code are the responsibility of the Board of Building a Commissioners (BBC) . ANALYSIS The foregoing history speaks for itself. It was built as • commercial building in 1947. The building was used for • series of commercial uses from 1947 - 1982. The last use was a real estate office as indicated by the last Certificate of Occupancy (See Attachment D later in 1989, acting upon a complaint concerning substandard conditions, the building was inspected. This inspection discovered a woman who had three children, living in a 11-1/2' x 35' building. The building does not comply with Building Code Standards applicable to single family houses; i.e. , construction practices of rooms, etc. , size This property cannot be given legal nonconforming status as a single family dwelling based upon a previous owner not obtaining permits for the conversion caught at the time of construction) . (not being Section 502 of the Uniform Building Code as adopted by the City under Municipal Code Section change/conversion of any building use sha latbe made unless such building is made to com P 1 requirements of the building ode. y with the g This section goes on Paqe 34 of 50 to state no change in the occupancy classification of a building shall be made without a Certificate . of. Occupancy. Section 502 of the Uniform "Building-' Code requires the owner to comply with current City Building Code and Development Code Standards prior to offering the structure for rent as a dwelling (Attachment J) . This structure set vacant for over 180 days after this Department's Code Compliance Division closed the building for Health and Safety violations. Section 19 . 62 . 030 of the City's Development Code: Buildings that have had their use discontinued for a period of six or more consecutive calendar months loses its legal nonconforming status. Section 19.62.030 states: "A nonconforming use is one which lawfully existed prior to the effective date of this Development Code, but which is no longer permitted in the land use district in which it is located. The continuance of a legal nonconforming use is subject to the following. . . 2. If a nonconforming use is discontinued for a period of six or more consecutive calendar months, it shall lose its legal nonconforming status, and the continued use of the property shall be required to conform with the provisions of this Development Code. " In order to eliminate the reasons for complying with current Building Codes and Development Codes, the following must be done: 1. The owner must bring forth evidence showing the commercial structure was legally converted from an office into a residential (dwelling) use. Under the authority of a City Building Permit, then was the structure converted in compliance with City regulations? 2 . If the building was lawfully converted into a single family house, the structure's use is no longer an illegal use but a legal nonconforming use. BOARD OF BUILDING COMMISSION OPTIONS: 1. Deny the appeal based upon the evidence. The conversion from a Building Code (B2) Commercial Occupancy Classification to an (R3) Single Family Residence was done without permits. This action would require the site Paae 35 of 50 and the building to meet Development Code Standards. 2. Grant the appeal based upon evidence that the conversion from a B2 Commercial Occupancy to an R3 Single Family Residence was done under the authority of building permits and complies with the 1985 Building Code Standards and the property was not vacant for over 180 days. This action would allow the building to be repaired/rehabed in compliance with only the City's minimum housing and property maintenance standards only. RECOMMENDATION: Staff recommends denying the appeal because the conversion from a commercial office classification to a single family house was made without permits, therefore, it did not lawfully exist prior to the effect date of the Development Code. `a t t J C �^ ATTACHMENT A - -CRY OF SAN BERNARDINO N2 1 BUILDING INSPECTIONRec A3129 - --. s 817 Ho. H St Fee 10,00 APPLICATION Addren of building FOR FIRM NAME Ruben's Coiffures CERTIFICATE OF Describe Use of &d Wing and Lot OCCUPANCY I �T 1 � ��^ •' (1 75 Tram Type of Flammable or Explosive Liquids Used if Any ido g • Previous Use of Buildin tras same le I Signature of Appkarrf Date__ 1/^1 l •s-,�7- Addreu 21�51 .•fi nds or Dr SB Ca 921�01� phone IApplication Approved e7Disapproved r[-] Used Zone Fire Zone Occupancy Group___ Type Construction Remarks Building Inspector 1 a i i i i I i a Page 37 of 50 ATTACHMENT F C I T Y p F an �rn�rdino D E P A R T M E N T OF P L A N N I N G A N D B U I L D I N G S E R V I C E S A L B O U G H E Y A I C P 0 1 R E C T O R September 23, 1991 T. C. Binney Highland Avenue Lumber 1680 West Highland Avenue San Bernardino, CA 92411 RE: 817 North 11H11 Street Dear Mr. Binney: This property was found abandoned; open and vacant, on August 6, 1990. Pictures were taken on July 7 and again on the July 10, 1990 and the structure posted as unsafe and unfit for human habitation_ On July 10, 1990, the City also did an emergency abatement. For clean-up of the property and securing of the building, the total cost was $1, 011. 30 (as of November 12, 1990) . The property was zoned C-1, Neighborhood Commercial, prior to June 1989. Since June 1989, the property has had an RM (Residential Medium) Density land use/zoning designation. The structure was originally built in March 1947 for a commercial office use (Building Permit No. 27804 dated March 31, 1947 and was used for a variety of commercial uses through 1982 (beauty shop, barber shop, grocery store, etc. ) . The building was converted to a residential dwelling unit after June 1983 without the benefit of City building permits (considered an illegal conversion) . This illegal conversion constituted a voluntary abandonment of the commercial office beauty shop uses by the owner. Therefore, as previously stated, the structure does not meet building code, housing code nor development code standards including driveway, lawn and landscaping provisions. This structure must be demolished or brought totally up to current building code standards under City plan check and inspection procedures. PRIDE ♦t/cam+ 3 0 0 N O R T H 0 S T R E E T , S A N B E R N A R D I N O IN PRO-G AS C A L I F O R N I A 9 2 a t 0 - 0 0 0 1 (711 ) 301-5071 / 5097 Paoe 42 of 50 1 / 1 T. C. Binney i., September 23, 1991-x . Page 2 If you have any questions, please don't hesitate to call me at 384-5267. Sincerely, Larr7E. Reed Assistant Director of Planning and Building Services cc: Herb Pollock, Special Projects Coordinator sdb `a ' x, - a_ Paae 43 of 50 / 1 1 -ATTACHMENT G �tr•- • 4 �r'ooer c"-3 0 !1! O ! Nor*_h Street '- T e'] 51nnev. Owner Referern_e_ Letter. 5eptemoer 23, 1991 , Larry Reed, Assn='ant Director of Planning and Euor4.irl �afPt. Dear Ms. Estrada, On June 4, 1992, we met to discuss Mr. Ted Binney's concerns regarding certain code enforcement actions taken by the City relative to his residential rental property located at 817 North "H" Street. Durina this meeting you contacted Mr. Larry Reed by phone. Mr. Reed indicated that he would provide you with a memo outlining the City's code enforcement actions aoainst Mr. Binney's rental property. Subsequently, we nave peen Informed by your office that Mr. Reed has provided you with a copy of a letter, sent to f-1r. Binney on September 23, 1991 , in order to explain the City's position or,. this matter. a 1 have reviewed the September 23, 1991 letter and offer the following comments: Mr. Reed states in his letter that the subject property was found abandoned - open and vacant - on August 6, 1 990. Accordinq to Mr. Reed, the structure was built in March of 1947 for commercial office use, and was used as such until 1982. Mr. Reed further states that the buildir- was converted to a residential use after June 1983 without benefit of building permits and, therefore is considered to be a illegal conversion. Mr peed concluded his letter by stating that the structure does not meet the various building, housing and development code standards (including requirements for driveway, lawn and landscaping) and, therefore the structure must be demolished or brought totally up to current building_ code standards under the City's procedures. Ms. Estrada, it has always been Mr. Binney's desire to correct the building code violations in order to preserve affordable housing for very low income people. On September 5, 1989, Mr. Binney was issued a building permit =79285 in order to rehab]itate the structure at 817 North `H" Street. On October 10, 1989, Mr. Binney recieved a Department of Building and Safety Correction Notice informing him that the building permit was Face T Y:^ - i ISSued i^ error, and tnat he should aopiy for a refund or a credit for a rernn)11,inr; DP!'m;t to remove a non-conforminq building. On Octorler 12 _o_ , Mr l=innet' received a letter frnres f-,r peom_d indicating that t^e bu,'clinq permit was revok-ed. Approxcrrately ten months inter, the City began their code enforcement action_ against Mr Eirney and hr, �,r.,perty i-+r Einney aquired the subject property it was bring used as a residentiai structure ana to the best of his knowlecioe was, at a minimum, a legal non-conforming property and was-unaware of any illegal conversion_ This tyoe of situation, involving many older structures in the downtown area, is not unique or uncommon. it is well known that there i exist in the City numerous substandard size lots and structures. Subsequent to Mr. Binney's purchase of the property, the City change- the landuse designation from commercial to residential in June of 1989. Since the property was being used as residential prior to the General Plan Update (June 1989), Mr. Binney contends that his property is a legally conforming use on a legally non-conforming iot. And that he should have been allowed to rehabilitate the structure in conformance with the existing code provisions as aPpiied equally to all other similarily situated properties. The City's General Flan Housing Element states, in part, that it shall be the goal of the City to -conserve and improve the condition of the existing affordabie housing stock" and the objective of the City to "prevent the dererioration of housing stock". Furthermore, "It shall be the -:)li,v of the City to assist in the maintenance and rehabilitation of rental units whose owners provide affordable housing to lower income tenants". it appears to Mr. Binney that these goals, objectives and policies need to be reconc)led with his situation. (General Plan Update, Page 2-48) By of this letter, Mr. Binney request that he be allowed to oht:!;n a building permit in order to rehablilitate his residential structure for low income people and that he not be required to meet current development code standards for driveways, lawns and landscaping due to site and stru-crt,r?i Respectfully 5 mitt , By, fl5ernardino,irn cc- Ted Binney Box 1 "2 Larry Reed Ca. 92402 714-381 -2656 Page 45 of 50 i- i ATTACHMENT H C C I T Y O F di 5an ernarn o D E P A R T M E N T OF P L A N N I N G A N D S U I L D I N G S E R V I C E S A L B O U G H E Y , A I C P 0 1 R E C T O R August 7, 1992 John Lightburn P. O. Box 1622 San Bernardino, CA 92402 RE: 817 North "H" Street Code Enf. Case: 3534 Dear Mr. Lightburn: Per your request in a letter to Councilwoman Estrada dated July 23 , 1992, your client may submit the required plans, specifications, and application for building code plan check and permits to convert and rehabilitate the structure address as 817 North "H" Street. Nothing has prevented Mr. Binney from applying for permits. It continues to be the City's recommendation to either convert the property or demolish the structures. The property in its present condition is a blight on the area. I believe Mr. Binney's concerns may be more accurately described as not wanting to meet all applicable City codes and ordinances. Conversion/rehabilitation plans and specification for Mr. Binney's property must comply with the following City codes and ordinances. 1. Property Maintenance Ordinance, Chapter 15.24. 020 SSMC. 2 . Housing Code (Uniform Housing Code) adopted under Section 15. 040.020 SBMC. 3 . Building Code (California/Uniform Building Code) adopted under Section 15. 04.020 SBMC. 4 . Development Code (Parking and Landscape Standards) Title 19 OF SBMC. Property Maintenance and Housing Code are minimum codes that apply to all existing and proposed residential structures. The current Building Code and Development Code Standards apply for two reasons: PRIDE PROGRiss 3 0 0 N O R T H 0 S T R E E T S A N B E R N ARiO I N 0 IN C A L i F 0 R N i A 9 2 1 1 8 0 0 0 1 IT 1 4 1 3 8 4• 5 0 1 r/'E 0 f 7 i�le Mr. John Lightburn 817 North "H" Street Page 2 1. The building was vacant (abandoned for over 180 days) between July 7, 1989 and July 1990) . NOTE: Building Permit 79285 dated September 5, 1989 was subsequently revoked based on the fact that the permit was issued in error. The error existed in that Don Hesterley, then Code Enforcement Supervisor, authorized issuance of the permit without Planning Division review, permit history check, or Building/Safety Division approval. In addition, the work required was more than minor rehab as indicated on the application. 2 . The structure was originally built as a commercial building and converted without obtaining building permits to convert the structure into a residential use. NOTE: This property cannot obtain a legal nonconforming status because a prior owner violated City code by converting a structure without obtaining permits or because the City did not catch the violation until after the General Plan was adopted. The General Plan has no direct bearing on what is required to properly convert this commercial structure into a residential use. I hope this answers your inquiry concerning obtaining permits to convert/rehabilitate Mr. Binney's structure. Enclosed with this letter are two Building Code brochures pertaining to Building Codes and Building Permit procedures. If I can be of any further assistance to you, please don't hesitate to contact me. Sincerely, J Larry E. Reed Assistant Director Planning and Building Services cc: Al Boughey, Director Planning and Building Services Debra Daniel, Code Compliance Supervisor Mark Hinkley, Plan Check Engineer Joe Lease, Building Inspection Supervisor Page 47 of 50 j.T1 r llem�cers, r-panning Q --ission City .f San Bernardino AATTACHMENT..I _-00 Nc!'rry L'n St".-et B September 23, 1 952 San �ernardir►o tea. y� . Septe Property i i'orth "H" street, Mr. Teo Binney, Owner i ,'gel er-_nrce: f e,ter, August 7, 1912-2, Larry Mead Assistant Director of planning and wilding Safety - n, �•3^ni^j r_Jr''?fT1iS5jt?Hers, On Ai:_,at 7, 1992, we received a letter from Mr. Reed in response to our July 23, i 992 ietter to Councilwoman Estrada in which we addressed several issues relative to Mr. Binnev's property and structure located at 817 Ncrth "ii" Street. in i':is .etrer„ •1r. Reed Concluded that Mr. Binney, in order to correct certain cui'ding code vic'ations, must also-meet the parking and lar:dscapino requirements as per the new development code. Mr. Reed base's his conclusion on trip ascer[ioris that the property was abandoned for *",3n 18i; days, an, *t a*t, the building was Co^verted without obtaining building permits to convert the structure into a residential use. T herefore, according to Mr. Reed, the ouilding is an i i legal nenconforming str,-IVur� -ec?uce '3 "prior cwr`er" j,/ �3yP ylr•;�r she City c:.,!° We ro_ iere! 7lnuti0n5 and his dtC1SlOn c re luir,n Mr. Binney to meet the �3r, !nth anti l3ndscar«? resilutf o-ma^r_ Of tha r�rrpnr r-'ev,icpment code in u\rder to rt naoilitat° the StrtjCture P%ur ^t t "~? applicable building cedes. T�sr.:r-,ra �• , %f-. a.re apprai!nG t hi. matter o -m. e P7M nnirny v:rn.r.niae_i,rn .. ciur r.��,iaP/ 3!l c7 ryr?`ermin:tion. CC- irsp?cCtr,:l i�/ 'Si�C�iltted F!, 6 ^3i �prnarrino, Ca. 2402 Y Page 48 of 50 ATTACHMENT J «��OMI OE•+�!'• �� ,r�' 1991 UNIFORM BUILDING CODE 501-503 Part III REQUIREMENTS BASED ON OCCUPANCY Chapter 5 CLASSIFICATION OF ALL BUILDINGS BY USE OR OCCUPANCY AND GENERAL REQUIREMENTS FOR ALL OCCUPANCIES Occupancy Classified Sec.501.Every building.whether existing or hereafter erected,shall be classi- fied by the building official,according to its use or the character of its occupancy. - as a building of Group A.B.E,H.1,M or R as defined in Chapters 6,7,8,9.10. 11 and 12.(See Table No.5-A.) Any occupancy not mentioned specifically or about which there is any question shall be classified by the building official and included in the group which its use most nearly resembles,based on the existing or proposed life and fire hazard. Change In Use Sec-502.No change shall be made in the character of occupancies or use of any building which would place the building in a different division of the same group of occupancy or in a different group of occupancies,unless such building is made to comply with the requirements of this code for such divis ion or group of occupan- cy. EXCEPTION:The character of the occupancv of existing buildings may be a changed subject to the approval of the building official.and the building may be occu- pied for purposes in other groups without conforming to all the requirements of this code for those groups.provided the new or proposed use is less hazardous,bared on life and fire risk,than the existing use. No change in the character of occupancy of a building shall be made without a Certificate of Occupancy.as required in Section 308 of this code.The building offi- cial may issue a Certificate of Occupancy pursuant to the intent of the above excep- tion without certifying that the building complies with all provisions of this code. Mixed Occupancy Sec.503.(a)General.When a building is used for more than one occupancy purpose,each part of the building comprising adistinct"occupancy."as described in Chapters 5 through 12,shall be separated from any other occupancy as specified in Section 503(d). EXCEPTIONS: 1. Where an approved spray booth constructed in accordance with the Fire Code is installed.such booth need not be separated from other Group H Occupancies or from Group B Occupancies. L The following occupancies need not be separated from the uses to which they are accessory: 35 Page 49 of 50 i OEM trot. Vlly v. ATTACHMENT VI M.B. 7/1 f - • -- - � I acs CWLI v I AC I r9.pr 4 Gcc JCS rat U9 Di .� 9 37.90• 57.90' ' O � ® 031 • o ,�_ - ` : - ® � � 2. ® - siao' 61.90' / 979 I Sr •ct No. 2828•M.H.39114 26 Note—Ass Num Page 50 .of-50-------