Transitional use of vacant lots

CALIFORNIA PENAL CODE SECTION 370. Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a public nuisance . SECTION 371. An act which affects an entire community or neighborhood, or any considerable number of persons, as specified in the last section, is not less a nuisance because the extent of the annoyance or damage inflicted upon individuals is unequal.

CALIFORNIA CIVIL CODE SECTION 3479. Anything which is injurious to health, including, but not limited to, the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream,canal, or basin, or any public park, square, street, or highway, is a nuisance.

SAN DIEGO MUNICIPAL CODE P ublic Nuisance means any condition caused, maintained or permitted to exist which constitutes a threat to the public’s health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable or free use of property in a neighborhood, community or to any considerable number of persons. A public nuisance also has the same meaning as set forth in California Civil Code Section 3479. CHAPTER 5 PUBLIC HAZARDS AND PUBLIC NUISANCE SECTION 54.0401 et seq. Governs the Vacant Properties Program ABATEMENT OF VACANT PROPERTIES Voluntary compliance Administrative remedies Judicial remedies

VACANT LOTS: LOOPHOLES WITHIN THE VOID

MULTIDIMENSIONAL VOID Economic - less property tax revenue for the municipality, 5% property value reduction to adjacent parcels/properties; no cost recovery mechanism available for city services provided due to owner’s neglect; lending industry financial requirements restricts small lot development Regulatory – outdated, ineffective policy for maintenance and redevelopment on both City owned and privately owned parcels/loophole; restrictive development requirements/ excessive fees hinders development; entitlement process not worth doing on small parcels/small profit margin

Physical - traffic patterns over time by-pass the parcel, adversely impacting its future development; break in the continuity of the urban fabric and established commercial activity patterns, micro economies and small businesses synergy Collective public memory - they become a blind spot or invisible to those not adversely/directly impacted by them Quality of life - vacancy is a nuisance, promotes sense of fear and potential encounters with unsanitary conditions; adverse impact on residential neighborhood life and pedestrian activity in business corridor MULTIDIMENSIONAL VOID

ACCESS EASEMENT Owned and maintained by the City/READ Pedestrian walkways providing community access in residential areas SLIVERS

TRANSPORTATION EASEMENT Owned and maintained by CALTRANS Jurisdiction of the State of California Pedestrian bridge providing community access from residential areas in Logan Heights to Barrio Logan across I-5 Used by school children and MTS users SLIVERS

REMNANT PARCELS Privately owned Owner is not required to maintain under current city codes Adjacent parcels divided by paper streets and easements Zoned industrial

REMNANT PARCELS Owned by the Catholic Church Includes existing alley network and Quonset Hut used for community activities and meetings Various contiguous parcels zoned for different uses

WASTEWATER EASEMENT City owned and maintained Includes sensitive vegetation Geological hazard/slide prone Widely used by residents as walking area/not intended for recreational use

BROWN FIELDS CORNER LOTS Former Shell-Texaco sites, gas station demolished, over 43 sites sold to private parties as a result of Shell-Texaco mergers in 2002 Environmental remediation process underway, may take up to 10 years to complete

GENESSE AVE & CLAIREMONT MESA BLVD

Lots in the development queue Negative perception in the collective memory Perceived environmental contamination High pedestrian traffic area/beach

MISSION BLVD AND PACIFIC BEACH DRIVE

REDEVELOPMENT AREA CROSSROADS, 46 acres total Includes open space easement, road right of way and paper street Various ownership types -City, private, corporate, non-profit Current/former tenants Kmart now Mervyn’s Chinese restaurant Gas station Church/International Rescue Mission Small convenience & liquor store Illegal car sales business/informal development Sunrise Auto “ nuisance site ” recently demolished by the owner due to non-conforming land use regulations SDG&E transformers/utility boxes Light industrial uses/businesses

SOLUTION TO THE LOOPHOLES Regulate the Void? Include in Mayor Sanders Regulatory Reform Initiative BPR-Business Process Reengineering New Policies Expand existing Vacant Properties Program Explore a Transitional Use (Tu) until formal development occurs at the site Incorporate (Tu) in the new development or transfer to other vacant lots in the community (Tu) community engagement process/activity with short-long term visual/physical impacts on the site Specific to the Void and the area/neighborhood

QUESTIONS NORMA MEDINA VACANT PROPERTIES PROGRAM COORDINATOR CITY OF SAN DIEGO, DEVELOPMENT SERVICES DEPARTMENT NEIGHBORHOOD CODE COMPLIANCE DIVISION 619-235-5837 [email_address] Copyright© 2008 City of San Diego All Rights Reserved No portion of this may be reproduced in any form without the written permission Of the City of San Diego.

Transitional use of vacant lots

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Transitional use of vacant lots