HomeMy WebLinkAbout12/04/1990, 2 - PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NUISANCE EXISTS AT 1756 MONTEREY STREET, AND APPROPRIATE city of san tins oBIspo MEETING DA96
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COUNCIL AGENDA REPORT ITEM NUMBER:
0
FROM: Arnold Jonas, Community Development Director;
Prepared by: ob Bryn, Zoning Investigator
SUBJECT: Public Hearing to determine whether public nuisance
exists at 1756 Monterey Street, and appropriate
abatement.
CAO RECOMMENDATION
Adopt resolution declaring public nuisance and outlining required
abatement measures.
DISCUSSION
Situation/Previous Review
City staff has received many citizen complaints over the years
regarding the fire safety and visual appearance of the service
station and tire store at the corner of Monterey Street and Grand
Avenue known as Bob's Beacon or Bob's Tire Service. Both Fire and
Community Development Department staff have inspected the site and
issued notices of correction regularly in the past. Despite these
efforts, the conditions that precipitated the complaints - the rows
of stacked tires, lack of on-site parking and piles of debris -
-- continue to exist at the site.
On November 7, 1990, the City Council adopted Resolution No. 6891,
setting a public hearing for December 4, 1990 to determine whether
existing conditions at the station constitute a public nuisance.
Data Summary
Address: 17.56 Monterey Street
Property Owner: Robert B. & Iva R. Wilcox
Zoning: C-T
General Plan: Tourist Commercial
Site Description
The triangular lot located at the corner of Monterey Street and
Grand Avenue contains 9,792 square feet. It is presently developed
with an older, single-story metal building and a gas pump island
with canopy.
Background
Bob's Beacon Station was established at 1756 Monterey Street with
approval of a Planning Commission use permit on April 3 , 1962
(Planning Commission Resolution No. 67-62) . The use permit was
specifically requested to allow a service station to operate at the
site. Use permit approval was conditioned on the building being
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COUNCIL AGENDA REPORT
shifted on the site and frontage improvements being installed prior
to April 1965. Robert B. Wilcox, the current property owner, was
also the applicant for the original use permit.
By October of 1965, the required frontage improvements still had
not been installed. A letter was sent to Mr. Wilcox indicating
that his use permit could be revoked for failure to comply with
that condition. The issue was discussed at several Planning
Commission meetings and extensions of time to install improvements
were granted. The City Council eventually instructed staff to take
legal steps to have the frontage improvements installed by the city
and charged to the property owner because of his unwillingness to
complete the work in a timely manner.
A review of Community Development Department files revealed an
enforcement history dating from 1962 , which included eleven
Requests for Investigation and nineteen pieces of correspondence
addressed to Mr. Wilcox advising him of various violations of
municipal codes. One case involved the removal of inoperable
vehicles from the site that took from August 6, 1971 until August
21, 1972 to correct.
The Fire Department records indicate seventeen Notices of
Violation(s) , ten items of correspondence, two Investigation
Requests and one Notice to Comply with Fire Marshal 's order. An �J
arrest warrant was issued, however due to a technical issue was
never served.
The Finance Department shows no record of a business license or
sales tax payment since 1983 for Bob's Beacon Service. Bob's Tire
Service has never been issued a license and has been part of an
assessment enforcement action beginning in 1988 .
CURRENT ENFORCEMENT ACTION
A combined Fire and Community Development Department site
inspection was made on August 29, 1990 and a letter was sent to Mr.
Wilcox outlining eleven separate violations of the municipal code
dealing with storage of tires, signs, lack of parking, air
pollution control permit, etc. Mr. Wilcox was given fifteen
working days to correct the items.
A follow-up site inspection by Community Development staff was made
on October 4, 1990, with no improvements noted. Per policy, a
second letter was delivered to Mr. Wilcox outlining the same issues
and requesting compliance by October 30, 1990. No improvements
have been noted.
The gasoline pumps shut down by the Fire Department in May 1990,
have not been completely repaired and remain abandoned.
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IftGe COUNCIL AGENDA REPORT
ZONING ISSUES
The site is located in the Commercial-Tourist (C-T) zone. The C-
T zone does not allow the retail sale of tires and batteries or the
operation of auto dismantling, scrap dealers and recycling centers.
Mr. Wilcox abandoned the permitted use when he changed the name of
the business in approximately 1988. All signage, newspaper and
yellow page advertising clearly refer to the business as Bob's
Tire.
This constitutes illegal land use.
PUBLIC SAFETY CONCERNS
The October 4 , 1990 site inspection revealed over 500 used tires
stacked or in storage racks on site. This unusual number creates
significant fire safety concerns because of the high heat and toxic
fumes generated during a fire. Tire fires are difficult to
extinguish and the area surrounding the site has a high
concentration of hotels and motels, whose guests could be affected
by the fumes, creating an additional medical emergency.
- FISCAL IMPACT
The cost of the abatement proceedings are recoverable by tax lien.
CONSEQUENCES OF NOT TARING THE RECOMMENDED ACTION
No other action, short of full abatement of this problems could be
determined.
RECOMMENDATION
1. Council concurs and declares Bob's Tire Service, 1756 Monterey
Street, a public nuisance.
2 . Pursuant to Municipal Code 8. 24 . 090 B. finds that a public
nuisance does exist and adopts a resolution declaring such
nuisance, and ordering the abatement of same within thirty
days by the manner and means set forth in the resolution.
Attachments:
Draft resolution
Map
Letter of October 9, 1990
Citizen Petition
Photographs
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ORESOLUTION NO.
DECLARING A PUBLIC NUISANCE EXISTS
AT BOB'S TIRE, 1756 MONTEREY STREET
AND TO ABATE IN WHOLE OR IN PART
NOTICE IS HEREBY GIVEN that on December- 4 , 1990, at the hour of
M. , the Council of the City of San Luis Obispo held a public
hearing in the Council Chambers of City Hall, 990 Palm Street, San
Luis Obispo, California, and determined a public nuisance exists
upon certain premises situated in said City known and designated
as 1756 Monterey Street and more particularly described as Block
Q; abandon Park Street; (between Monterey and Palm)_; and a portion
of Lot 1, Block 136 as shown on the Phillips Addition to San Luis
Obispo as recorded in Book A of Maps at page 49, in the Office of
the San Luis Obispo County Recorder and identified as Assessors
Parcel Number 001-142-0008 .
The Council finds upon the evidence presented at the hearing that
a public nuisance does exist; and if the same is not promptly
abated by the owner of said premises, within 30 days from this
date, said nuisance may be abated by municipal authorities by
rehabilitation, repair, demolition, removal, or other appropriate
O action, the cost of which will constitute a lien upon such premises
until paid.
The alleged nuisance consists of the following: new and used tires,
signs, debris, weeds, boxes, auto parts, wheels, vending machine,
storage racks, filling of holes to cover exposed fuel lines, repair
or rehabilitation as deemed necessary by authorities having
jurisdiction, up to and including the demolition of signs,
structures, storage tanks and associated items, which may be
exposed as the action continues.
On motion of seconded by
and on the following roll call vote:
AYES:
NOES
ABSENT:
the foregoing resolution was passed and adopted this day of
1990.
O
Resolution No. (1990 Series)
Page 2
Mayor Ron Dunin
ATTEST:
Pam Voges, City Clerk
APPROVED`:
City Ad inistrative Officer
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Community Dijelopmerit Director
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1756 Monterey
- January 12, 1988
Hon. Mayor Ran DuninMembers
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We now have one eyesore very nicely taken care of through the beautification
of the San Luis Obispo train depot. We can be proud (after the box cars
are removed) to have train travelers arrive and depart in our city.
Now, can we do something -about another city eyesore? On -the corner of
Monterey and Grand Avenue is the old Beacon gas station which is bad-
enough, but even worse is the terrible scene for our many tourists visit-
ing along this "motel row" area, (as well as for local citizens) to have to
look at the stacks and stacks of old rubber tires lined up there on the pre-
mises, and sometimes even a truckload of dunk car parts, etc. The view from
the Veterans Memorial Building is blighted by a row of old tires and a
broken fence. Enclosed are very recent photos.
Should, we as citizens, proud of our city, have to tolerate such a sight
day after day? What do you suppose tourists think as they pass? Why
should our nice motels from California Blvd. to the Monterey freeway en-
trance have to put up with this unsightly condition?
We are hoping there is some kind of City Ordinance or Code which can bje
enforced to make this station owner comply and clean up his business per-
manently and not subject us all to this unsightly mess in an otherwise
nice neighborhood.
We sincerely hope something can be done. •
Respectfully yours,
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990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403-8100
October 9, 1990
Robert B. & Iva R. Wilcox
1756 Monterey St.
San Luis Obispo, CA 93401-2932
SUBJECT: Follow-up notice of code violation
1756 Monterey Street
Dear Mr. b Mrs. Wilcox:
On September 4 , 1990, staff sent you a letter asking you to
comply with zoning regulations by ceasing operation as a used
tire dealer and comply with numerous ordinance violations.
.Staff reinspected property you own at 1756 Monterey Street and
found that the following code violation (s) have still not been •
corrected:
17 . 22 . 010 Use in wrong zone - auto dismantler, scrap dealer,
recycling center- M zone only. (Retail sales of tires, C-R, C-
S, M only) .
17 . 08 . 030 Service stations - screened storage - dismantled
vehicles (includes parts, ie; wheels and tires) , stored inside a
building or area screened so that it is not visible from off the
premises.
17. 16 . 060 Required parking - one space per attendant booth, plus
two per service bay, plus one space per four fuel pumps. Total
of six.
17 . 18 . 040 Air pollution control permit required from county
A. P. C.D.
17 . 18 . 070 Solid waste - stored to prevent nuisance and fire
hazard. Tires are classified as solid waste. .
15 . 40. 220 Unsafe sign deemed public nuisance remove within 30
days from receipt of this letter.
15 . 40 . 210 Noncurrent signs deemed a public nuisance.
17 . 08 . 080 B(1) Vending machine - must be located along face of O
building.
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990 Palm Street/Post Office Box 8100 •San Luis Obispo,CA 93403.8100
5. 36. 010 Posting: of service station - no conforming signs.
UCADB 302. 8 Collapsed fence - remove or replace in 90 days upon
receipt of this notice.
15.40. 150 E(2) Allowed signs at service station.
Uniform Fire Code
10. 301 (b) special hazard - 2.0' setback area maintained free of
all combustible material around the refueling area. The
refueling area is defined as the area under the canopy (This
regulation will be strictly enforced by SLOFD) .
You are requested to take immediate action to comply with city
zoning laws by ceasing all operation as Bob's Tire and comply
with ordinance requirements.
Staff will reinspect your property in 15 days to determine if
further legal action is necessary. Continuing violation will
result in this matter being referred to the City Attorney.
If you have questions, please. call me at 549-7186.
Sincerely,,
Rob Bryn
Zoning Investigator
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MONTEREY STREET
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PHOTOS TAKEN ON OR ABOUT AUGUST 29, 1990.
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PHOTOS TAKEN ON OR ABOUT AUGUST 29, 1990.
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1756MONTEREY
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2 PHOTOS TAKEN ON OR ABOUT DECEMBER 3, 1990.
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IPHOTOS TAKEN ON OR ABOUT DECEMBER 3, 1990.
MERNG' AGENDA
REVISED JATE a_j�fo ITEM #
ORESOLUTION NO.
DECLARING A PUBLIC NUISANCE EXISTS
AT BOB'S TIRE, 1756 MONTEREY STREET. .,`
AND TO ABATE IN WHOLE OR IN PART
NOTICE IS HEREBY GIVEN that on December 4 , 1990,
M. , the Council of the City of -San Luis Obispo held a pub*P1_C'___
hearing in the Council Chambers of City Hall, 990 Palm Street, San
Luis Obispo, California, and determined a public nuisance exists
upon certain premises situated in said city known and designated
as 1756 Monterey Street and more particularly described as Block
Q; abandon Park Street, (between Monterey and Palm) ; and a portion
of Lot 1, Block 136 as shown on the Phillips Addition to San Luis
Obispo as recorded in Book A of Maps at page 49 , in the office of
the San Luis Obispo County Recorder and identified as Assessors
Parcel Number 001-142-0008 .
The public nuisance consists of the following: an illegal land use,
specifically a retail tire store which is not allowed in the zone
and which creates a public health and safety risk; an illegal and
nonconforming pole sign; and an unsafe fence.
The Council finds upon the evidence presented at the hearing that
this public nuisance does exist and must be promptly abated by the
owner of said premises within 30 days from this date. Said
abatement shall include: removal of all outside storage of tires,
cessation of operation as a retail tire store, withdrawal of all
advertising identifying the premises as a retail tire store,
removal of the illegal pole sign and removal and replacement of the
perimeter fence to the satisfaction of the City's Chief Building
Inspector. If this abatement is not completed within 30 days, said
nuisance may be abated by municipal authorities by rehabilitation,
repair, demolition, removal, or other appropriate action, the cost
of which will constitute a lien upon such premises until paid.
Moreover, the Council directs the Community Development Director
to review Use Permit # 67-62 to determine compliance with the
terms and conditions of said use permit.
On motion of seconded by
and on the following roll call vote:
AYES: RECEIVED
NOES: j j a 1990
ABSENT: CITY CL RK
SAN LUIS OsI.SpO,CA
the foregoing resolution was passed and adopted this day of
r 1990.
MEETING AGENDA
DANE &. Y- 9b- ITEMS #
I�IIIIIIIIIIIIIII II� I II
City Of
SAn luis OBISI)O
990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403-8100
November 30, 1990
TO: John Dunn, City Administrative Officer
FROM: V"Cindy Clemens, Assistant City Attorney
SUBJECT: Procedures for Abatement Hearing on 12/4/90
Attached you will find an outline of the procedure for the nuisance
abatement hearing scheduled for December 4, 1990. This is a
specially drafted version for the Mayor which outlines his exact
role. I thought it would be best to forward this to the Mayor for
his review.
Additionally, I have attached regular copies of the procedure to
be distributed to the other Council members so they can more easily
follow the proceedings.
Please feel free to contact me if you have any questions.
CBC/sw
attach.
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CPROCEDURE FOR NUISANCE ABATEMENT HEARING
Mayor- opens nuisance abatement hearing
- Community Development Department (CDD) presents nuisance evidence
1. Introduction by Arnold Jonas
2. Mayor directs City Clerk to swear in the witness
3. First Witness presents testimony
4. City Council may question first witness
5. Repeat for all of CDD witnesses
6. CDD makes concluding statement
Property Owner given opportunity to present defense
1. Property Owner sworn in by City Clerk
2. Property Owner presents testimony
G3. City Council may question property owner
4: Property Owner may produce witnesses to be sworn &
questioned
- Other Public Comment and/or Testimony
- City Council to deliberate
1. Determine whether a public nuisance exists
2. If so, adopt a resolution declaring the existence of the
nuisance, ordering the abatement, and specifying the means
by which the abatement shall occur
- Mayor closes nuisance abatement hearing
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