HomeMy WebLinkAbout26- Development Services CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION
From: Michael E. Hays Subject: An appeal of the loss of non-conforming status for a
4 unit, multi-family residential property identified as
Dept: Development Services 561-565 W. Victoria Street. The site is within the
CR-2, Commercial Regional-Downtown land use
district.
Date: April 8, 1999 MCC Date: April 19, 1999 ri I A
ORIWIVAL
Synopsis of Previous Council Action: None
Recommended Motion: That the Mayor and Common Council deny the appeal.
Michael E. H14s
Contact person: Michael E. Hays Phone: 384-5357
Supporting data attached: Staff Report Ward(s): 1
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.) N/A
(Acct. Description)
Finance:
Council Notes:
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT: AN APPEAL OF THE LOSS OF NON-CONFORMING STATUS FOR A 4
UNIT, MULTI-FAMILY RESIDENTIAL PROPERTY IDENTIFIED AS 561-
565 W. VICTORIA STREET
Mayor and Common Council meeting of April 19, 1999
OWNER: APPELLANT:
Carlos Hermosilla Charlotte Spadaro
376 W. 16th Street P.O. Box 43A133
San Bernardino, CA 92405 Los Angeles, CA 90043
(310)422-3741
REQUEST/LOCATION: The appellant is appealing the loss of legal non-conforming status for
the 4-unit property located at 561-565 West Victoria Street. The site is within the CR-2,
Commercial Regional land use district.
Development Code Section 19.62.030—Non-Conforming Uses states that:
"If a non-conforming use is discontinued for a period of 12 or more consecutive calendar
months, it shall lose its legal non-conforming status, and the continued use of the property shall
be required to conform with the provisions of this Development Code. "
The business registration for this property lapsed as of May 31, 1996. No re-registration was
submitted to the City Clerk's office to establish continued use as a rental property. The property
was boarded on April 3, 1997. It appears that no efforts were made on the part of Mr. Hermosilla
to work with City staff or the Board of Building Commissioners to resolve the problems with the
property in order to reopen it as a rental property. Further, the person who filled out the zoning
verification form on 9/29/97 did not challenge the determination, nor provide information to
show that the buildings had been occupied.
BACKGROUND:
• 5/31/96 — Business registration for the rental of the apartment lapsed. No new registration
was established.
0 7/96 — The Business Registration Division of the City Clerk's Office was informed by the
owners that the property had been sold and that they would not be renewing the business
registration.
• 3/3/97 - Water Department records show water service discontinued.
• 4/3/97—Units boarded by Code Compliance at the direction of Fire Department.
• 4/22/97—Units boarded 2nd time by Code Compliance.
• 6/2/97—Units boarded 3rd time by Code Compliance.
0 6/20/97— Stop work notice issued on unpermitted rehab work.
• 6/23/97 — BBC Hearing: Owner, Carlos Hermosilla was notified of the hearing but did not
attend the hearing.
• 7/14/97 — BBC Order 4297 issued and Carlos Hermosilla was noticed. Order is current and
buildings are on list for demolition.
• 9/29/97 — A Zoning Verification was submitted and the Planning Division determined that
the property had lost its legal non-conforming status as of May 31, 1997 as the property had
been vacant since May 31, 1996.
ISSUES:
• The appellant believes that improper notice was given prior to the BBC hearing and that
saving the property would be in the best interests of the City.
Response: Mr. Hermosilla has owned the property since at least 1996, and City files clearly
show that he was notified by certified and regular mail of both the BBC Hearing and the BBC
Order.
PLANNING COMMISSION RECOMMENDATION: The Planning Commission voted 5 to
0 (Garcia, Hendrix, Lockett, Suarez & Thrasher) to deny the appeal.
RECOMMENDATION: Staff recommends that the Mayor and Common Council deny the
appeal .
Prepared by: Margaret Park AICP, Senior Planner
For: Michael Hays, Director of Development Services
Exhibits: I - Location Map
2—Application for Appeal
CITY OF SAN BERNARDINO EXHIBIT "1"
GENERAL PLAN LAND USE DESIGNATION Adopted 6-2-89
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EXHIBIT "2"
CITY OF SAN BERNARDINO
PLANNING AND BUILDING SERVICES DEPARTMENT
3W North 'D'Strad, 3rd Floor, San Bernardino, C4 91418
Phone (909)384-5057 Fax (9109)384-5080
APPLICATION FOR APPEAL
OF A DIRECTOR DETERMINATION, DEVELOPMENT/ENVIRONMENTAL REVIEW
COMMITTEE DETERMINATION OR PLANNING COMMISSION DETERMINATION
Appellant's Name, Address & CA R,Lo f P E Rrr) bS 1 Lt A
Phone 317 4 0, 14 )V-,� S T-
990 1315&d4kb/N0j CA. 172,40S
Contact Person, Address & a14 A A.L o ZT C- S M D A F-10
Phone
P o Box 4 3 A 13 31 LOs AlVr ELLS Cl4.gOo f3
Pursuant to Section 19.52.100 of the Development (Municipal) Code, all appeal must be filed on a
City application form within 15 days following the final date of action, accompanied by the
appropriate fee.
Appeals are normally scheduled for a determination by the Planning Commission or Mayor and
Common Council within 30 days of the filing date of the appeal. You will be notified, in writing,
of the specific date and time.
Date Appeal Filed Received by V ��
Receipt No. ° 1 Q Z `
;APB! 13�-Dz3- 03 Clq 0lZ
Appeal Application
Page 2
The following information must be completed:
Specific action being appealed and date of that action
d/,1 fvlgpeH zf 1_ 9R, TI{t- pL6uN)fya CvrnmjSS)°K) IENIE: D
RE INSTA7-jEmC-rjT o� tjop Wt,)r-aRmINC, USE STATUS TOP,
UWT BUIL>>NG- A-P S'L�- S6 S V I LT"OR1 A-
Specific grounds for the appeal
/MPR0PcR NO-F I C-C- BAs 4.IVF-�I ,PkI K TD B E A I A)6:
4- S A y I N G T H I S p P-b P E CI �/ Ld 7 LL �E (A) T//E R gsT
t-?J Tt- P-C--9-r OF THE
Action sought
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Additional information
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Signature of Appellant Date
1
DECLARATION OF PATRICK SAUNTER
In August 1996, I worked as a real estate agent for Century 21, the selling
agent for Great Western Bank, which at that time owned the property at 561-565
Victoria.
On August 26, 1996, the aforementioned property was sold to Carlos
Hermosilla. Mr. Hermosilla was a friend of mine, and I intended to assist him in the
management and rehab of the property.
When the property was transferred to Mr. Hermosilla, the former owner still
occupied it. Mr. Hermosilla had been informed by the seller that an eviction
proceeding was in process, and ownership of the property was acquired with the
understanding that the process was not yet completed.
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Water records show that in September, 1996, there was usage of�Vcubic feet
of water.
Shortly thereafter, the eviction process was completed, and the former owner
vacated the property.
At that time Mr. Hermosilla planned to rehab the property and rent it out.,
but the City refused to give him permits or meters, telling him that their decision
was based on the property having been vacant for more than a year. When
informed that the former owners had occupied the property—so it had not been
vacant—the City's reply was that there had been no rental registration on the
property for a year.
Mr. Hermosilla was not, to my knowledge, notified of any hearings on the
matter, although we now believe that the former owner, Great Western Bank, may
have been notified.
I am presently employed in the City of San Bernardino. I make the
statements in this affidavit from my own knowledge, except as to those which are
based upon my own knowledge and belief, and,-as-to- ose, I believe them to be true.
I declare under penalty of perjury that the fore is an correct.
Pa
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City of San Bernardino {#��...1�1►r , �
Department of Planning and
Building Services
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and when recorded mail to: IEEE 7recor t
City of San Bernardino
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Department of Planning and '1,hd EiE tfVHrL)�PfU
Building Services CO.- CALIF
300 North 'D' Street - 3rd Floor f San Bernardino, CA 9241 8 - this line for
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DEPARTMENT OF PLANNING AND BUILDING SERVICES OF THE CITY OF
SAN BERNARDINO, STATE OF CALIFORNIA
In the matter of the public V� No, 90-3689
nuisance on property of ^^ \\\v\
565 W. Victoria
San Bernardino, CA NOTICE OF PENDENCY
Assessor's No. 134-023-0 VJ
a� OF
and DOES I through X, owners ADMINISTRATIVE PROCEEDINGS
,c�'�''
Bud R. Allen/J & K Financial Svcs. �� ' '•;,
Notice is hereby given to all persons, pursuant to the San Bernardino Municipal Code,
Title 15 of the City of San Bernardino that administrative proceedings have been
commenced with respect to the structure or land located upon the following described
real property in the City of San Bernardino:
Lot 3 Block 44 PF 45/77
that such proceedings are based upon the noncompliance of such structure or land with the
requirements of the San Bernardino Municipal Code; that every owner of said real property
waives his right to hearing on such proceedings unless he makes a proper request in the
form and within the time prescribed by the Code cited; and that failure to comply with the
lawful orders of the building Official and Board of Building Commissioners heretofore and
hereafter issued relative to the above matter may result in demolition of the offending
structure or abatement of the public nuisance and assessment of the costs and expenses
thereof to the property heretofore described as a tax and special assessment lien on such
property; that any purchaser, his heirs, or assigns acquiring said property subsequent to
the recording of the Notice with the County Recorder shall have such interest subject and
subordinate to said tax and assessment lien.
DIRECTOR/BUILDINNG OFFICIAL
DATED March 9, 1990 BY '/�;i,,,�e,( ' ;y'
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C I T Y O F
-in 1)ernardino
R A C H E L C L A R K
C I T Y C L E R K
April 23 , 1999
Ms . Charlotte Spadaro
P.O. Box 43A133
Los Angeles, CA 90043
Dear Ms . Spadaro :
At the meeting of the Mayor and Common Council held on April 19 ,
1999 , the following action was taken regarding your appeal relative
to the loss of nonconforming status for a four-unit, multi-family
residential property located at 561-565 West Victoria Street :
The hearing was closed; and the Mayor and Common Council
denied the appeal .
If we can be of further assistance, please do not hesitate to
contact this office .
Sincerely,
Rachel G. Clark, CMC
City Clerk
CC : Development Services, Planning
Carlos Hermosilla
P . O . B O X 1 3 1 8 , S A N B E R N A R 0 1 N O C A 9 2 4 0 2
3 0 0 N O H T F1 D S T R E E T S A N B E R N A R 0 I N 0
C A I I F O R N I A 9 7 4 1 8 - 0 0 0 1 ( 9 0 9 ) 3 8 4 - 5 0 0 2
( 9 0 9 ) 3 8 4 - 5 1 0 2 F A X - ( 9 0 9 ) 3 8 4 - 5 1 5 8
T 0 D / T T Y - ( 9 0 9 ) 3 8 4 - 5 5 4 0