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Home My WebLink About03 Appeal Hearing Agenda ReportITEM #3 APPEAL NEARING .a AGENDA REPORT MEETING DATE: OCTOBER 26, 2010 TO: PLANNING COMMISSION BOARD OF APPEALS FROM: ELIZABETH A. BINSACK, COMMUNITY DEVELOPMENT DIRECTOR Y. HENRY HUANG, BUILDING OFFICIAL PREPARED BY: AMY THOMAS, AICP, SENIOR PLANNER SUBJECT: APPEAL OF NOTICE AND ORDER AT 520 PACIFIC STREET SUMMARY: Pursuant to Tustin City Code Section 5503, on September 16, 2010, the City of Tustin sent notice for recordation of a Notice and Order for the property at 520 Pacific Street. The Notice and Order provided written notice of the existence of a public nuisance on the property and required the correction of code violations related to structures constructed in violation of the Tustin City Code including the City of Tustin Building Code and Zoning Code (see Attachment A). The current property owner of 520 Pacific Street (APN 401-371-07), Bret Fairbanks, has filed an appeal of the Notice and Order (see Attachment B). In accordance with Tustin City Code Sections 8101 and 9294, the Planning Commission will consider the appeal of the Notice and Order for public nuisance as determined by the Enforcement Officer for the property at 520 Pacific Street. The Planning Commission will act in its capacity as: A. The Board of Appeals in considering Building Code violations and B. The appeal hearing body for consideration of the Zoning Code violations that were applied in the Notice and Order. RECOMMENDATION: That the Planning Commission (acting in its capacity as the Board of Appeals per TCC Section 8101 and acting as the appeal hearing body Per TCC Section 9242) adopt Resolution Nos. 4161 and 4162 affirming the Notice and Order for the property at 520 Pacific Street which provides written notice of the existence of a public nuisance and Appeal 520 Pacific Street October 26, 2010 Page 2 requires the correction of code violations related to structures constructed in violation of the Tustin City Code. That the Planning Commission and the Board of Appeals order the property owner(s) to comply with the requirements of the Notice and Order identified in Attachment A of the related staff report dated October 26, 2010, with the exception of the date of compliance which is hereby established as November 30, 2010. BACKGROUND AND DISCUSSION Code enforcement action at 520 Pacific Street originated when the property owner, Mr. Bret Fairbanks, initiated contact by sending a written request indicating that he wanted the City to allow the unpermitted units on his property to be rebuilt if they were destroyed by natural causes. This request initiated meetings between Mr. Fairbanks and City staff and ultimately led to code enforcement action at the property to abate the life safety issues caused by building and zoning code violations that are present on the site. A Notice and Order was filed on the property based on violation of several Building Code and Zoning Code violations (see Attachment A). Details of the code enforcement action are provided in the report (Section titled Code Enforcement at 520 Pacific Street). The Planning Commission has two roles in considering the appeal of both the Building Code and Zoning Code Sections indicated in the Notice and Order. The roles for consideration are as follows: A. Board of Appeals Pursuant to Section 112 of the City of Tustin's adopted California Building Code (Sec. 8101), the Board of Appeals may consider evidence supporting the Enforcement Officer's determination that a public nuisance exists at the subject property due to the dangerous conditions present at 520 Pacific Street which originate from violation of the following Building Code section: California Building Code A105.1 (Adopted per Tustin City Code 8100) - Permits Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. B. Appeal Hearing Body Pursuant to Tustin City Code Section 9294, the Planning Commission may consider the evidence supporting the Enforcement Officer's determination that a public nuisance exists at the subject property due to the dangerous conditions Appeal 520 Pacific Street October 26, 2010 Page 3 present at 520 Pacific Street which originate from violation of the following Zoning Code sections: Tustin City Code 9223(b)(2) — Single Family Residential District (R-1) — Conditionally Permitted Uses and Development Standards — Accessory buildings used as guest rooms, provided no cooking facility is installed or maintained are subject to a Conditional Use Permit. Tustin City Code 9223(b)(2)(d) — Single Family Residential District (R-1) Minimum side yard setback for accessory buildings used as guest houses. Corner lot line 10 feet; interior lot line: 5 feet. SITE DESCRIPTION The property at 520 Pacific Street is located at the south end of Pacific Street north of West 6`h Street. The property is located within the Single Family Residential District (R- 1) and is within the Cultural Resources Overlay District (CR). The R-1 District allows for single family dwellings and accessory buildings and uses including, but not limited to, accessory buildings and second residential units (subject to specific site development standards; i.e. minimum 12,000 sq. ft. building site; must provide two additional garage parking spaces; etc.). Accessory buildings used as guest rooms are conditionally permitted subject to the approval of a Conditional Use Permit (CUP) and are subject to specific site development and use restrictions (i.e. no cooking facility may be installed or maintained; they shall not be rented; etc.). Aerial photo of 520 Pacific Street Appeal 520 Pacific Street October 26, 2010 Page 4 The lot size of the property at 520 Pacific Street is approximately 10,000 square feet (0.23 acre) and contains the following structures: 1. Single story main house (1,342 sq. ft.) Two-story garage (16'5" x 18') with a studio apartment (309 sq. ft.) above 3 Third unit (325 sq. ft.) located at ground level to the rear (west) of the garage 4� Detached storage/recreation room (298 sq. ft.) located directly behind the main house along the north property line 7. Small detached storage unit located along the rear west property line (approx. 150 sq. ft.) (not to scale on plan) 6. Covered parking structure (which is attached to the main house and the garage) (Numbers correspond to site plan and site photos below) Site Plan submitted 8130110 (Also refer to Attachment C site plan dated 8/30/10) SITE 1 5 LNINI l;` f fIfL DAIA � \ S„f[MA4k wn � y E imxI= \ H \ / ❑'A"F/ 4Y, MY-IgOlpFi111 Al Yf1 \ MAIN a Yw1a11w:xuYn / '/ RESIDENCE u.JwxnlawY � w, f�*/ �I wn wxnn oWl wY \ •.. / itt / Itl .I+rxaw9Nfr 1� / Il'fi' / '� / %3'b' xlspeuxttlxwf �IAMG41,q ialWN1 1W \ \ \ 3 2 I.uf(MV W.x Lf1 6 :lw. mrvnc•nu wx,w[N Invexrn — I, IIIftR IMII lA1Wnl+/3 — �ngli ,IT SITE PLAN NTS Site Photos at 520 Pacific Street (Additional site photos in Attachment D) View from Pacific Street: Main house, carport, and two-story garage Appeal 520 Pacific Street October 26, 2010 Page 5 Staircase to second level unit over garage View from front driveway of carport and two-story garage o View looking east in rear yard: third unit and second story studio apartment above garage (shown beyond) View looking south in rear yard: Third unit entrance View looking east toward second story unit (note: multiple roof lines) View looking north in rear yard: storage/laundry/recreation room Appeal 520 Pacific Street October 26, 2010 Page 6 5 Historical Background: View looking west in rear yard: storage unit at rear property line The City of Tustin was incorporated on September 19, 1927. The subject property at 520 Pacific Street is located within the original City boundaries. The single story home was built in approximately 1928 or 1929. The first published building code, the 1927 edition of the Uniform Building Code, was adopted by the City of Tustin on June 3, 1929. Historical Timeline 1928 or 29- House 1926 constructed 1930 1925 1927 City 1929 Building 1931 Incorporation Code Adopted The earliest zoning map on file, from 1961, identifies the property as R-1 Single Family Residential and the current zoning for the property is R-1 Single Family Residential. Based on the City of Tustin Historical Survey and annexation records, this property was part of a subdivision of farmland to build single family homes prior to the City's incorporation. According to the Historical survey, the subdivider dedicated Main Street and Pacific Street while subdividing the lots for single family homes; then sold individual lots, including the property at 520 Pacific Street. Historically, the R-1 District has allowed guest house or guest unit uses within this district, however, the guest unit use has been restricted to "temporary guests" and no kitchen or cooking facilities were permitted. The use of a second residential unit was first established in the City's Zoning Code in 1961. This use differentiated a guest unit from a second residential unit which allowed kitchen facilities for more permanent tenancy. However, the second residential unit has historically been permitted based on specific site development standards including: minimum lot size of 12,000 square feet; additional garage parking; etc. 520 Pacific Street is listed on the 1990 City of Tustin Historical Survey which noted the California bungalow architectural style and a brief history of how the area was developed (see Attachment E). The survey noted that the shiplap siding on the house, which was made in the 40's and 50's, covers the gables, which might indicate that the roof of the main house was not original. It also notes a carport and garage located on the south side behind the house. The survey further noted that the [two story] garage appeared to be original based on the roof and siding that was consistent with the original building period. Appeal 520 Pacific Street October 26, 2010 Page 7 Some permits have been issued on the subject property; however, there are no permits that authorize the construction or use of additional residential units at 520 Pacific Street. Over the past several decades, the City has addressed residential conversions that have been done without benefit of permits. For example, code enforcement officers have responded to complaints that have arisen in the Old Town area of Tustin of construction being done without permits or of multiple rental units in the R-1 Single Family District. Several recent cases, including two cases located on Pacific Street are currently working through or have completed the permit process to bring their property and unpermitted accessory units into compliance with the Tustin City Code. Historically, the City has considered several proposals to increase the density of properties located in this area of Pacific Street; however, each time the community has been outspoken against any increased density and the Planning Commission has denied such requests. Records indicate that, in 1955, The Planning Commission held a public hearing to consider a variance to add a second dwelling unit at the rear of 530 Pacific Street and to add two additional dwelling units at the back of the property at 540 Pacific Street. However, after discussion with applicants and objectors, the request was denied. Other requests to increase density in the Old Town area were denied, including a Zone Change request in 1969 to rezone a parcel at the corner of Pacific and Main from R-1 Single Family Residential to the Planned Community Residential District in order to accommodate an increase in density to 34 dwelling units (DU) per acre (more than eight times the 4 DU per acre allowed by Tustin General Plan). Code Enforcement at 520 Pacific Street On July 27, 2010, Mr. Bret Fairbanks, the property owner of 520 Pacific Street, initiated contact and sent a letter to the Planning Division. The letter stated that he was selling his property and the home was in escrow. Mr. Fairbanks further stated that the property has a single family residence in front, with two guest homes in the back. Mr. Fairbanks requested a confirmation letter from the City stating that, in the event of a fire, earthquake, or disaster, the City would allow the guest units to be rebuilt (see Attachment F). On August 4, 2010, Planning Division staff did a preliminary search of City records and sent a zoning confirmation letter to Mr. Fairbanks informing him that no permits were issued for the two guest units which were noted in his letter and that a Conditional Use Permit (CUP) (which is required to a establish non -rentable guest units within his (R-1) zoning district) had not been issued for the use. Mr. Fairbanks was also informed that, based on Tustin City Code, a non -conforming building destroyed to the extent of more than fifty percent of its reasonable value may be restored or used only in compliance with the regulations existing in the district wherein it is located. Provisions for reconstruction of non -conforming buildings do not apply to structures or additions which have been constructed without the benefit of permits. To legalize the existing guest units (without a kitchen), approval of a CUP would be required (Attachment G). Appeal 520 Pacific Street October 26, 2010 Page 8 Shortly after the zoning confirmation letter was sent by Planning Division staff, the case was forwarded to Code Enforcement for follow up. Code enforcement officers conducted a thorough search of city records and requested a search of County records for any documentation associated with 520 Pacific Street. However, no permits for the guest units were found. Code enforcement officers also found the subject property advertised online and located two "for sale" postings. Both postings identified a "studio guest house with kitchenette" over the detached two car garage and a "second guest house with one bedroom, living room, and kitchen behind the garage". On September 10, 2010, the property owner allowed City staff to do a cursory on-site assessment of the Online posting for 520 Pacific property (see photos in Attachment D). Several life street safety code violations and other issues were noted by Planning and Building Division staff (A detailed list of the main concerns/code compliance issues and the related code violations are shown in Table 1 of the Analysis section of this report). On September 16, 2010, the City of Tustin recorded a Notice and Order Pursuant to Tustin City Code Section 5503 for the property at 520 Pacific Avenue. The Notice and Order provides written notice of the existence of a public nuisance and requires the correction of code violations related to illegal structures constructed in violation of the Tustin Building Code and Zoning Codes. In part, Section 5502(b) states a public nuisance exists when "any condition... exists upon any premises that is dangerous to human life or is detrimental to health as determined by an appropriate city official" (see Attachment A). The Notice and Order provision is set forth in Chapter 5 of the Tustin City Code for Property Maintenance and Nuisance Abatement Regulations and Standards. The purpose of this chapter is to "provide for the abatement of conditions which are offensive or annoying to the senses, detrimental to property values and community appearance, an obstruction to or interference with the comfortable enjoyment of adjacent property, or hazardous or injurious to the health, safety or welfare of the general public in such ways as to constitute a nuisance". ANALYSIS: During the cursory on-site assessment of the property on September 10, 2010, City staff noted several code compliance issues at the property. The following table outlines the code compliance issues and concerns; code sections applicable (including California Building Code as adopted by Tustin, California Fire Code, and Tustin City Zoning Code); and photos taken during the assessment. Appeal 520 Pacific Street October 26, 2010 Page 9 TABLE 1 CODE COMPLIANCE ISSUES Location Code Compliance Code Sections Photos Issue applicable The use of the property California Fire Code as a triplex (with 3 Section 102.3 Change of units) changes the use or occupancy, building occupancy California Fire Code from R3 (single family Section 102 Unsafe i residential) to R1 Building or Structures (multiple family)- - It could not be California Fire Code determined if Section 102 Unsafe footing/foundations Building or Structures exist to provide�� adequate structural bracing and support to the structures Multiple residential No fire separation walls Building Code Table. between units; 503; California Fire Code units built after therefore not in Section 110.1 Unsafe original structures compliance with one Conditions w/o permits hour separation requirements which poses a potential fire hazard to occupants Mechanical, electrical, TCC 8100 Adoption of and plumbing (including 2007 California Building HVAC) installation Code Al05.1-Permits B Bathroom work done without required) B P l upper c Permits are required to unit wi no t7 insure that life safety permits protocol is followed and installation is done according to plan. Without such permits and inspection, installation may create fire hazard, water damage, etc. Pursuant to the zoning TCC 9223a7(b)- code; the property does minimum building site for d, not have sufficient lot second residential unit is size to accommodate a 12,000 square feet Second and second or third unit TCC 9223b2 Accessory third residential (Requires min. 12,000 buildings used as guest sq. ft. lot; however this rooms, providing no units lot is 10,000 sq. ft) cooking facility is Guest unit (no kitchen installed or maintained, facilities) requires CUP, subject to Conditional This number of units Use Permit would need to be located in an R-2 or R-3 district and would require a minimum of 7 parking stalls to support the added residential use. Appeal 520 Pacific Street October 26, 2010 Page 10 Location Code Compliance Code Sections Photos Issue applicable The second story wall Section 1403 of TCC construction and 8100 Adoption of 2007 windows adjacent to the California Building Code property line do not - comply with fire protection Insufficient requirements. setback to The opening is not %' PL permitted as shown; exterior wall is not fire ' rated; primary (and + only) stairway restricts ingress egress in case of fire or other emergency. Furnace installed TCC 8100 Adoption of without required permits 2007 California Building does not meet Code A105.1 — Permits clearance requirements required and creates a potential fire hazard. rn Exposed electrical next TCC 8100 Adoption of to unpermitted furnace 2007 California Building a° which causes potential Code A105.1 — Permits m fire hazard. required Y G 7 9 O Electrcal device next to heater Kitchen cooking TCC 9223b2 No cooking facilities not permitted facilities permitted in in guest unit, guest unit Kitchen in Plumbing and electrical TCC 8100 Adoption of upper unit installed without 2007 California Building permits. Permits are Code A105.1 —Permits required to insure that required life safety protocol is followed and installation is done according to plan. Without such permits and inspection, installation may create fire hazard, water damage, etc. Appeal 520 Pacific Street October 26, 2010 Page 11 Location Code Compliance Code Sections Photos Issue applicable Shower added on to TCC 8100 Adoption of original structure. This 2007 California Building requires a building Code Al05.1 – Permits permit to add additional required) - square footage (pop - out) and permits for plumbing, and waterproofing. Shower added w/o permits Railing has no TCC 8100 Adoption of Intermediary posts and 2007 California Building No inner the run and rise are not Code Al05.1– Permits compliant with Building required posts Code requirements nor TCC 8100 Adoption of is the unprotected back 2007 California Building which is open. This Code 1012 Handrails– poses a potential falling handrails required for hazard for small stairways children. TCC 8100 Adoption of 2007 California Building m Code 1013 Guards – m guards shall be located along open -sided a walking surfaces ;? including stairways e located more than 30 inches above the grade below There is no property 2007 CBC Section M line firewall separation 1024.3 Exit discharge between staircase andlocation Window at PL w the property line. requires 5ft setback The staircase is built TCC 9223b2(e) requires over the property line 5 ft. setback to property A guest unit requires a line 5 foot setback to property line (PL): There are several Built over PL issues associated with the location of this staircase; most imminent is the lack of emergency access and safe egress from the _ unit. Roof drains onto 2007 CBC Section a neighboring property 1101.1 all roofs shall be which may cause drained into a separate flooding. storm sewer system 2007 CBC Section 2007 CBC Section J109.4 – Drainage across property line Appeal 520 Pacific Street October 26, 2010 Page 12 Location Code Compliance Code Sections photos Issue applicable Structural supports do 2007 CBC Section not provide sufficient 1604.1, 2301.2 General supporting rafters Roof Design Requirements. Inadequate members are Floor joist supported undersized to provide along block fence rather Structural adequate support than cantilevered from supports the two story structure The carport Is attached Change in occupancy to both the main house constitutes a multitude of `— Carport and the 2 -story garage CBC and Fire Code attached to and attached rear units; violations: making this a tri-plex California Fire Code 1 ' main house unit pursuant to building Section 102.3 Change of andara e B B code fire rating. These use or occupancy; deficiencies create California Fire Code access hazards for fire Section 102 Unsafe access and may pose Building or Structures C additional hazards to °a occupants since the A occupancy changes rJ with a tri-plex (common terminology). Unsupported electrical TCC 8100 Adoption of — metal conduit (EMT) 2007 California Building Unsupported pp between garage and Code Al05.1 — Permits house. The potential for required line over damage and failure due to the exposure of the line is increased and poses a potential fire hazard. No rating separation 2007 CBC Table 602 between walls of garage Fire -Resistance Rating and living units; thus Requirements for Exterior Romex wiring is exposing tenants above Walls Based on Fire unprotected and exposed and next to the garage Separation Distance to fire hazard originating in the garage. Electrical wiring: 2007 CEC Article 334.15 V Romex cannot be Exposed Work and exposed or unprotected Article 330.30 Securing and must be and Supporting attached/secured. (Romex was first used in the 1950's. Color New junction box without coding (yellow) wasn't permits 2010 9 10 available until 2001) Appeal 520 Pacific Street October 26, 2010 Page 13 Location Code Compliance Issue Code Sections applicable Photos Unit does not meet fire 2007 CBC Table 602 rating requirement; 5 Fire -Resistance Rating foot setback required to Requirements for Exterior property line to protect Walls Based on Fire occupants from fire Separation Distance hazards; or safety (1927 UBC Section 1403, personnel responding to less than 3 feet) an emergency. TCC 9223b2 minimum side yard setback 5 feet Min. 5 ft setback required (zero - 4 ft provided) Heater installed with a TCC 8100 Adoption of gas line without permits 2007 California Building 44 It is installed on a Code A105.1 —Permits combustible wood sided required a wall which poses a Subject to manufacture's Heater potential fire hazard due installation standards and installed ,v_ to the combustible mechanical/plumbing material permit ', ' permit w ro Ceiling heights vary and 2007 CMC Section do not meet the 7'6" 1208.2 Ceiling height height requirement minimum Ceiling height does not meet min. 7'6" Appeal 520 Pacific Street October 26, 2010 Page 14 Location Code Compliance Code Sections Photos Issue applicable Improper and 2007 CFC Section 605.5 substandard electrical Extension Cords wiring without permit - Power strip next to kitchen sink where a range might have been previously Plumbing added without TCC 8100 Adoption of permit 2007 California Building Code A105.1 — Permits required) TCC 9223b2 No cooking Kitchen in rear unit- not permitted Kitchen is not permitted (per zoning) facilities permitted in Fi (i.e. plumbing, electrical, guest unit v etc.) 6 Unsecured and exposed 2007 CMC Section `m gas line on the interior 1311.2.6 Hangers, 12 which poses a potential Supports, and Anchors gas leak and fire hazard and 1311.7 Outlets within the rear unit Exposed and unsecured gas line inside unit Insulation is nonrated Wall and opening and is combustible protection 2007 CBC (appears to be straw Table 602 Fire - bale) Resistance Rating .. Requirements for Exterior Walls Based on Fire ; Separation Distance and Table 704.8 Maximum v :9 Area of Exterior Wall Openings d Combustible material installed between walls Appeal 520 Pacific Street October 26, 2010 Page 15 Location Code Compliance Issue Code Sections applicable photos The room is considered Habitable space as "habitable space" and defined by CBC is a appears to not provide space in a building for sufficient, ventilation, living, sleeping, eating or 'o heat and light cooking. Therefore, it _--- requires sufficient light, " ventilation, heat, etc Ceiling height is too low 2007 CMC Section E and should be a 1208.2 minimum 7'6" Y minimum 7'6" e 0 Y d Ceiling height does not meet minimum (Note: Code compliance issues noted in Table 1 based on cursory observations by City staff on September 10, 2010. The full extent of violations is unknown due to the limited ability to conduct a thorough assessment.) Building Code Appeal The appellant is requesting reconsideration of the Notice and Order for the determination of a public nuisance filed for the property at 520 Pacific Street. The appellant has indicated, in part, in his letter of appeal (Attachment B) that the Building Code section which requires permits would not apply to his property because he purchased the home over 10 years ago and the structures already existed. However, the current property owner is ultimately the responsible person for maintaining the property. "Responsible Person", as defined by the Tustin City Code is "the owner of property upon which a violation of the Tustin City Code occurs or continues to occur. This term also includes any owner, occupant, or other person or entity in control of the property who is creating, causing, or maintaining any condition in violation of the Tustin City Code". The current property owner may have purchased the property in the current condition with multiple units that are not permitted, however, he has also, knowingly or not, maintained the structures and collected income from tenants who live in numerous substandard building conditions. Zoning Code Appeal The appellant is also requesting consideration of the Zoning Code requirement for a Conditional Use Permit and lot line [setback]. His letter indicates, in part, that the property is not in violation of these codes because the structures existed prior to Conditional Use Permits and the first zoning of Tustin (see Attachment B). Appeal 520 Pacific Street October 26, 2010 Page 16 The Notice and Order indicated violation of Tustin City Code sections that require a CUP to establish accessory buildings used as guest rooms (provided no cooking facility is installed or maintained)(TCC 9223(b)(2) and that a minimum 5 foot side yard setback be provided for accessory buildings used as guest houses (TCC 9223(b)(2)(d)). Although the two story garage structure was probably original to the site, the use of the second story apartment above the garage was not permitted. In the R-1 Single Family District, guest houses or guest units were historically intended for "temporary guests" and the use has been permitted accessory to the main house. Kitchen facilities were not permitted in guest units nor are they permitted to be rented out for compensation. Further second units require additional garage parking and a minimum lot size, of which this property does not meet. Appeal Findings Pursuant to Tustin City Code Section 9294, the Planning Commission should consider the evidence supporting the Enforcement Officer's determination (as shown in Table 1) that a public nuisance exists at the subject property due to the dangerous conditions present. As the hearing body, the Commission should determine whether or not the two accessory buildings that are currently being utilized as rentable residential units (with kitchen facilities) should: • Be brought into conformance with Tustin City Code requirements as indicated in the Notice and Order; or • Determine whether the code sections were accurately applied to the property; or • Modify the Notice and Order Independent Evaluation In considering appeals, the Board of Appeals has the right to employ qualified individuals to assist in its investigations and in making findings and decisions. Staff commissioned a third party survey and evaluation provided by Licensed Architect John C. Loomis from Thirtieth Street Architects, Inc. The firm specializes in historic and older buildings and was able to provide professional judgment as to which structures may have been original and which had been added and/or modified over time. The architect provided a report that concluded that "the front house and two-story carriage barn are both historically significant. It is apparent that there was only one living unit on-site [main house] in 1929 when the City of Tustin was incorporated. There is strong physical evidence that the second and third living units were added much later, post WWII" (See Attachment H). CONCLUSION: Staff recommends that the Planning Commission and the Board of Appeals deny the appeal; affirm the Notice and Order; and direct the property owner(s) to comply with the Appeal 520 Pacific Street October 26, 2010 Page 17 requirements of the Notice and Order identified in Attachment A of the related staff report dated October 26, 2010, with the exception of the date of compliance which is hereby established as November 30, 2010. Amy Thomas, AICP Senior Planner atlo�:w� Y/Henry Huang, P.61, C.B.O. uilding Official Elizabeth A. Binsack Community Development Director Attachments: A. Notice and Order B. Letter of Appeal Received Sept. 23, 2010 C. Site Plan dated 8/30/10 D. Photos taken during Sept 10, 2010 assessment E. City of Tustin Historical Survey for 520 Pacific Street F. July 27, 2010, letter from Mr. Bret Fairbanks G. August 4, 2010, zoning confirmation letter from City staff H. Report prepared by Thirtieth Street Architects, Inc. I. PC Resolution No. 4161 J. PC Resolution No. 4162 SACMAnny\Code Enforcement\520 Pacific\PC Agenda AppealHearing 520 Pacifc.doc ATTACHMENT A Notice and Order Community Development Department &eot via first ciass and certified mail September 16, 2010 Bret S. Fairbanks 520 Pacific Street Tustin, CA 92780-4329 NOTICE AND ORDER/PRE-CITATION NOTICE DECLARATION OF PUBLIC NUISANCE Property Address: Assessor Parcel Number: Case Number: Dear Mr. Fairbanks, 520 Pacific Street 401-371-07 V10-0312 TUSTIN HISTORY BUILDING OUR FUTURE HONORING OUR PAST Thank you for meeting with City staff at 520 Pacific Street on September 10, 2010. During the inspection, two detached structures were observed within the rear yard, in addition to a guest house above the garage and a second guest house behind the garage; all of which are unpermitted. A preliminary search of City records also indicates that no conditional use permit (CUP) is on file to establish guest houses at the property. Other noncompliant issues were also noted during the inspection; which include, but are not limited to the staircase on the south side of the garage which does not provide the appropriate setback to the side property line and the guest house above the garage currently contains cooking facilities, which is prohibited. Several violations currently exist at your property, which are attached hereto as Exhibit B. Pursuant to Tustin City Code 1122(a), any violation of the Tustin City Code is a public nuisance. Therefore. please be advised that the City has determined that a public nuisance is being maintained at 520 Pacific Street due in that the necessary permits and entitlement were not obtained for the two detached structures in the rear yard or the two guest houses. You are hereby directed to do one of the following by no later than Friday. October 29, 2010: 1) Submit a complete CUP application with the appropriate plans and all other necessary entitlement applications to the Planning and Building Division for the two guest houses and the two detached structures within the rear yard. . 300 Centennial Way, Tustin, CA 92780 0 P. (714) 573-3100 • F: (714) 573-3113 0 www,tustinca.org Notice and Order at 520 Pacific Street September 16, 2010 Case # M-0312 Page 2 OR 2) Obtain a permit from the Planning and Building Division and physically commence with the demolition and removal of all unpermitted structures and improvements on the property; which include, but are not limited to the two guest houses, the staircase attached to the garage and the two detached structures within the rear yard. NOTE: For information on obtaining permits, please contact the Building Division at (714) 573- 3120 and/or the Planning Division at (714) 573-3140. Additionally, all permits related to this matter are to be finaled within ninety calendar days of permit issuance pursuant to 2007 California Building Code A105.5, This letter constitutes your Notice and Order to abate all public nuisance conditions and violations at 520 Pacific Street. You (or) any person having any record title or legal interest in the property may request consideration of this Notice and Order or any action of the enforcement within ten calendar days from the date of service of this Notice and Order. All appeals shall be made in writing. Failure to comply with this notice within the time limit specified above may result in (1) the issuance of an administrative citation pursuant to Tustin City Code 1162(a) (reference Exhibit A attached hereto for further information), and/or (2) all necessary work being completed by City personnel or private contractor, with all abatement costs being billed against you and/or assessed against the property and/or (3) the referral of this matter to our City Attorney for further legal action. Please note that the disposal of any material involved in public nuisances shall be carried forth in a legal manner. Additionally, this notice and order will be recorded against the property in the Office of the County Recorder. If you need further clarification or assistance with this matter, please contact me directly at (714) 573-3135. Sincere) Br d Steen Code Enforcement Officer Attachments: Exhibit A — Administrative Citation Information Exhibit B — Code Violations cc: Amy Thomas, Senior Planner/Code Enforcement Supervisor Community Development Department TU S T I N EXHIBIT A Administrative Citation Process aUILO1NG OUR FUTURE HONORING OUR PAST In accordance with Tustin City Code (TCC) 1182(d), fines may be assessed by means of an administrative citation as follows: $100.00 for a first violation; $200.00 for a second violation of the same ordinance or permit within one year of the first violation; or $5W.00 for a third or any further violation of the same ordinance or permit within one year of the first violation. Building and Safety Code (TCC Sec. 8100 — 8999) violations may be assessed at $100.00 for a first violation; $500.00 for a second violation of the same ordinance or permit within one year of the first violation; or $1,000.00 for a third or any further violation of the same ordinance or permit within one year of the first violation. The City may also take further legal action including issuing the responsible person(s) a criminal citation and/or abating the violation(s) with the coat of such abatement and/or prosecution assessed against the responsible person(s), the property owner(s), and/or the property as a lien. Should an administrative citation be issued, the responsible person has ten (10) days from the date of the administrative citation to pay the corresponding fine(a). Additionally, the responsible person must take one of the following actions to avoid additional penalties prior to the compliance date specified in the administrative citation: 1) Correct the violation, pay the corresponding fine(s), and contact the City to request a re- inspection, or 2) Pay the corresponding fine(s) and request an extension of time in writing pursuant to TCC 1185(b), which shows a reasonable hardship; or 3) Request a hearing to appeal the administrative citation pursuant to TCC 1188 within ten (10) days from the date of the administrative citation, together with an advanced deposit of the corresponding fine(*). Request for Hearing forms and other information on Administrative Citations may be obtained on the City's website at vrww.tustinca.ora. 300 Centennial Way, Tustin, CA 92780 0 P:(714)573-3100 0 F:(714)573-3113 0 www.tustinca.org Notice and Order at 520 Per,ft Skeet September 16, 2010 Case p V1 M312 Le'i1r 11 eLL Code Violations at 520 Pacific Street 2007 California Building Code A105.1 (Adopted per Tustin City Code 8100) — Permits Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. Tustin City Code 9223(b)(2) — Single Family Residential District (R-1) Conditionally Permitted Uses and Development Standards - Accessory buildings used as guest rooms, provided no cooking facility is installed or maintained are subject to a conditional use permit. Tustin City Code 9223(b)(2)(d) — Single Family Residential District (R-1) Minimum side yard setback for accessory buildings used as guest houses - Corner lot line: 10 feet; Interior lot line: 5 feet. NOTE: Please be advised that there may be additional code compliance requirements. ATTACHMENT B Letter of Appeal Received Sept. 23, 2010 September 22, 2010 RECEIVED Brad Steen, Code Enforcement officer SEP "3 2010 Community Development Department City of Tustin COMMUNITY DEVELOPMENT DEPT Letter of Appeal for: Notice and Order/ Pre -Citation Notice Declaration of Public Nuisance Address: 520 Pacific Street, Tustin, CA 92780 Assessor parcel number: 401-371-07 Case Number: V10-0312 Dear Mr. Steen, This letter is to appeal and request consideration on the recent notice I received regarding unpennitted units. The code violation reads any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall fust make application to the building official and obtain the required permit. I have no intentions of rebuilding or reconstructing any portion of the said structures. I purchased the home over 10 years ago and the structures already existed when I purchased the property. I have provided evidence to show that the structures have existed for over 50 years. I understand the city has no permits of the structures on my property but that is true for most homes built in old town prior to 1950. Most if not all of the homes would, be in violation and considered a public nuisance. With regards to the other violations regarding conditional use permits and lot lines, I am not in violation of these codes because the structures existed prior to issuing of conditional use permits and the first zoning ordinance of Tustin. In response the letter, it is my intent to apply for a conditional use permit and progress accordingly however I do not feel I have violated any code and am not in any way a public nuisance. Sincerely, Bret Fairbanks ATTACHMENT C Site Plan dated 8/30/10 ; � :� a#4 � w -z ' {§ . m \ / 1 /V6 ƒ � ® // w )2[ - / R�- — Q PACIFIC STREET r.! | |� � sv { | | FAIRBANKS RESIDENCE ,<®® 520 PACIFIC #UR ( 9• i° m2!* CALIFORNIA 3 � :� ATTACHMENT D Photos taken during Sept 10, 2010 inspection I �i i�!I I 'V'' � 1 M,� M ie , %LM 1 _ AF e n� LMiA A 0 r ATTACHMENT E City of Tustin Historical Survey for 520 Pacific Street 1DDRESS: 5'Y.{) PACIFIC ST DATE: 1929 STYLE: C:A1.IFORN1A BUNGALOW SOURCE: RATING: T C ALTERATIONS: F HISTORICAL DISTRICT: YES COMMENT: DESCRIPTION - 1 1 1 11111),1 6' ti' f � III � I iAt it, 1( \ I , I �•' \ 11' The single -storied hoose at 520 is topped with a front facing gabled roof and matching centered porch. A small louvered vent is crnu:red below the peak. Shiplap siding, in a style made in the 40's and 50's, covers the gables, indicating that the roof is not original. Narrow clapboard siding covers the first floor exterior. Square posts, resting on tapered clapboard -clad piers, support ilw mof. The concrete porch extends to each side, topped with pergolas. The front door features a mullioned border and is flanked by huge plate glass windows. Double -hung windows are used throughout the rest of the house. A red brick chimney on the south side is flanked by windows. A carport and a two-story clapboard -clad garage are located on the south side, behind the house. The gavage, which appears to be original, is topped with a gabled roof with a hip at the peak. The siding is narrow clapboard, which rooms to indicate that the house once was also all clapboard -sided with a hip at the peak of the front -facing gabled roof. SIGNIFICANCE: This California Bungalow was built on one of the lots along South Pacific Street which were subdivided by Harry Marple. Iie was the son of Richard and Edna Marple, fruit growers, who owned an orchard on this property from 1903 until the property passed to Harry in 1924. He dedicated a strip down the center, from Main to Sixth Streets, for the extension of Pacific Street. 11c sold this lot to George Gaylord in 1929. The Gaylords received a completion notice on their home that same year. George was a well -liked wood shop and physical education instructor at the Tustin Grammer School for several years. After he retired in the 1950's, he beei=c a carpenter. The Gaylords were still living in the house in 1965. This bungalow fits well into the sueetscape of the Tustin Historic District and contributes to the tree -lined street because it is of an appropriate size and scale. ATTACHMENT F July 27, 2010, letter from Mr. Bret Fairbanks J July 27, 2010 City of Tustin Community Development Department Just= Wilkom, Principal Planner Dear Ms. Wilkom, j My name is Bret Fairbanks and I am the owner of the property located at 520 Pacific Street, Tustin, CA 92780. We are currently selling our home and are in escrow. Our property has a single family residence in front with 2 guest homes in the back. According to the attached county records we have 2 addresses 520 and 520 '/2, we have and pay for 2 separate electric meters, and have various city permits for improvements we have done on the home since we purchased it in 2000. The buyers lender is requiring a letter from the city stating in the event of a fire, earthquake, or disaster, the city would allow the guest houses to be rebuilt. Attached are documents from the county tax assessors office showing the guest houses have been here long before we purchased the property. "Thank you for your time and consideration. This letter is all we need to close escrow, if there is anything I could do to help speed up this process please let me know. Bret Fairbanks C.P.(949) 933-6886 sign Type Codes _ Jested By 101 - Single Family Residence Address 5., o 102 - Multi Family j99 - Misc. Improvements Phone Sionature PUBLIC SERVICE INFORMATION FORM MULTI FAMILY RESIDENTIAL 1 2 1 3 1 4 5 6 1 7 1 8 1 9 10 11 12 13 14 APN BLDG# CONST YEAR USE CODE DESIGN TYPE INISHED BSMT SIZE BLDG IZE-15 2ND F BLDG SIZE 3RD FL BLDG SIZE 4TH FL BLDG SIZE 5TH/UP UNIT MIX GARAGE/ CRPRT POOL SIZE✓ Y/N LAND SIZE ¢ C o m x io z 7 % �tbfl L � /,rf.✓ f m c r Om O A horized B ,(,2s 'J/�' OUATTROPRO Check Amount $ Cash Amount $ Mailed Date By MISCELLANEOUS STRUCT j oirkid. Z.µ. C.. She.+=of ercdpNu Yr. Fleur OlmamleN A-. CW- pap�� Tract- Vabrrac+ le, fe `H3 Lot Bled .4 cammaR Web ' Rlf1DlNCl- V QNITl HOOF. NI Law Shad Shad A.P Net v Qeuld. Mublpls F4/ Hip NOW JFm oeble- OW Up INiiIIOII' N. IH Mtl Sh; hl, UnQInaNd - Mav T T rir. Cir iL.TA.3,fU - l H , Jan aunhr C tat Alun l4] Fl.der Waall /.. WALLS .Ir _ Fqomey G FOUNDATIONS. F - .aHxa lfNS-'r Adalie- _ TQa �" Macs Ca -v Mid. HW Cdlof.a ._ Floc ksCSItINo Fuml 'i"RooRr. Fail c 34, .xr.?Sz ..- ..- Ownl.n Awwbs ... L _ ThIc4 K9 /* stucco Op- ,^ A, . plarhr fr3L®6r pi� p7y% " Mahl L{IM Win - f Vi 7.d FLOOR ie61r I n- ! L 11Y1NC RM72 4 SIbINa 1 sFingli. 56pkif- �._.r }}U91b ✓ Qoubla DIM -- — ANR Arhadm N ! ^ab'Ile^d'� OF: Ct. Thlca FAMILt"RM bwn.; RITONEN r NeY M'- " FATHRQOMIf e 00 .._ Deh. Flow ,� ._. 1,4. .. Y ^.� V .il !i .y , $/, - 6f. Cort Walk .. ,6.. f,'7•G` Ua_- ' _.. A4KS REA/uy6L: . .9 �A. SUN {/ - �s .. YpS Tail.! ✓ ✓ carr aa: F.eir"'r— A4Lu 14,1c. d _ HRFP Th'Bi� eliEb !o.! Ger Wall j NEF pF. ✓7 - .. O..i? r :}.1. 1$e6 YE -_.. Ci %Pond fru. Fee<W .. C ✓.. - ran_, 36 a°, ° '.i+- rIL P.ed Rim.nt. CLASS -'/0- / T. Gaal. - �b r •' up SIM... I Illi .:a" �. � l b,_.. /:'1.. % �..� Gll dais � J Arwr. 29 i %' 'a YR RCLN6 AY 'S ? 7S3 1_ uY. .....� ........ .. _. :,, pt %yyeaad yaz 2Sa y } � 3e'/L ,DIP'. rGRM YR -1 IFna-naM) ACC.. uuR I AMaIMd tlalyR / / V 9 p O _ On pE COUNTY ASSESSOR �. MULTIPLE F40MDENTIAL UNIT APPRAISAL R FORMERLYSO 062-090-00 TOTAL R.C.L.H.O. i MrnuB Lima R.C1n F. ..101 R.C.L.NA MARKET MULTIPLIER INDICATORS OATS CASH MICE ANAL YR. L INCOME FCR. N l INCOM( URIiN¢X PER UNIT N � APPRAISER'S OPINION NOD FNR4C-R. REST ALVF DATE IRITa LWII ISG T04 INC R, M. IRRIGATOR UNIT MULI I I N UNITS YEA AM. RM. 110CATe CTMFR PfR3 PROP 10 —r PERSONAL PROPERTY VALUE INDICATOR DAT[ I ND DF rlEa IN . rD u rna. PRn i T Ab 1-__r.._.. W .GINGLf I'AM, UVE a6 MULT FAM. USE a 4 COMM. U6E III INDUST USE N2 CLUSTER 1r1 La' TREND FSI LOPoIW OON40RM 111 PLANNING As! DESIRABILITY MTB. OF IMP! - U SOCIAL BEBVICES 1_ —- 421 PUBLIC SERVICES 61 UNIT MILT - CONCLUSION YR� -J T, P. VALUE m IMPS. ...'. . UNIT VAL INn....n. Trac. Number IMMUNE "MR, I,,=uyLC•r cc nVu.=. ATTRIEUTEE YES NO YES 1 NO YEE NO YLi -1LNo Ir E4 3 1-2.1]r _ACORESS DISTRICT 7_ - OWNER TRACT .— _;;T SLOCN ECC RO A.P. NO, Y01-372-07 SLOE nP PROJECT NO. PERMIT. _ LAND VALUE COMPUTATIONS LAND OR UNIT ATTRIBUTES DATE _ I YEAP I UNIT 1 UNIT VALLIE ., uE _. WIATII },V ANT. rd CO PERMIT I DATE i J 979 1 2 C y0 1 A• ^cne! AML. L gEPHE9fNfAilvE 'rT9 r NO 11 SUMMARY 6'I YES f" Ne ARRRAeueNr rE111 ^- .. I t (g_Y/ 97P. _ . OUL-0ELAN 9AC L.._ IE9 N01� m.. IES MPMISER V RO S S/A// - a COgNEP n0 - 7 MONTX OAT YLAq . T 7 Q E ALLEY YE6 T'I NO fl A.LN. IDI VIEW 2r•0Q N.C.L.N.O.{yI 11 NON{T. -01 YES r NO L W "NO YAE I} 1 j;U,J U._r .. /� �l"D. I 12: ARCH. ATTRACT j RQ 2T� SUMMAT1pN INGIGTON /4/ �i U __. } ! % i? G� I Q ] C. B. A. .. Ill UTILITIES N.OL oo_ ___.. la LAND IMPS Ir TQ ]rte UNIT MOLT. INOIGTOq I 16 LOT UTILITY j p Q 2 Q INQRUIm aNLFS mcia _ I .b iT_Q.Q.� tri WATTA FACINT IES rrl NO USI!!! III OOORING RIGHTS YES QNO_12 MININGLATAY VALVE 20 ZONING CONFORM. YE6 r-, NG _LANAIMPRALU! --- AQOQ .PEPMNAL PPROPERTY VALUE - ` 22 MUP AC® IMP vE —'] NO Q . lRE LNIT I -_I SQ 011 1. P. l iERMfi [-..INY__..i:L! E0 MINERAL RIGHTS YES r� NO I1J _ _. �.. .. _ .�.�.. _. ., _ ,y .. r _. 2/ EXAENINE TnAnIC YES .^ NO IQ .__ _ "79 /.(ANSFEIC ��s Gfi -Q• �(� .7`p / _ 26 TENANT PARKING I r' E :1 ] Q 2T OUElT PAPNIN6 I 1Z.2Q -A a I Ll 0I6TIICr .... 79-B0., c.t<.wlrx _F.rtc P.vR'033z-.M,(2 ,rw.�2.t awFMy�%,P.@r@! . _ Tilit .�sMw`A-�/,Ay BE y}7Q Te R.ZAO A. IG _ uRe coLre'p .—_ O .2 2 A:Mrs aM20 €t>l.A�rTdd..80z- drw!NK T_ AL"IMwTi:1rli 7a T ai S7JEtlL __ 6 MPAI�E ¢yam -. .. _. FORMERLYSO 062-090-00 TOTAL R.C.L.H.O. i MrnuB Lima R.C1n F. ..101 R.C.L.NA MARKET MULTIPLIER INDICATORS OATS CASH MICE ANAL YR. L INCOME FCR. N l INCOM( URIiN¢X PER UNIT N � APPRAISER'S OPINION NOD FNR4C-R. REST ALVF DATE IRITa LWII ISG T04 INC R, M. IRRIGATOR UNIT MULI I I N UNITS YEA AM. RM. 110CATe CTMFR PfR3 PROP 10 —r PERSONAL PROPERTY VALUE INDICATOR DAT[ I ND DF rlEa IN . rD u rna. PRn i T Ab 1-__r.._.. W .GINGLf I'AM, UVE a6 MULT FAM. USE a 4 COMM. U6E III INDUST USE N2 CLUSTER 1r1 La' TREND FSI LOPoIW OON40RM 111 PLANNING As! DESIRABILITY MTB. OF IMP! - U SOCIAL BEBVICES 1_ —- 421 PUBLIC SERVICES 61 UNIT MILT - CONCLUSION YR� -J T, P. VALUE m IMPS. ...'. . UNIT VAL INn....n. Trac. Number IMMUNE "MR, I,,=uyLC•r cc nVu.=. ATTRIEUTEE YES NO YES 1 NO YEE NO YLi -1LNo Ir E4 3 1-2.1]r ET4000. n.UOl:�nn -,,, --- 01 ISN 1 !I J ! ,.. �I N'ORKMANEMIP __ SXEATNINB - —W—ALL /;FII. IE STRUCT OESGRIPTbN AIZE sI011l0 SN� IJ NIT ROOM DETAIL - UNITY J K! D1_ y L 1 rq i n r NG C SL ]'N .• LAABEB�-1,1 BEBEMIF.- RI uC AN L(JI_E IIU O FLO MI NO. OF UNITS JM BIIIGX E3 NO: OF FLS. ONE YEN _ vEN 91 TOTAL NO. RENTAL UNITE OQ FLOOR Y a• FL ARCA . 97 NO. OF UNIT! r WIMDOwB W FLOOR % — i4 FL AREA 1 1 NO (1F UNITS A C DESCRIPTION EIETRA STEEL f2Ai ': ]BI, rc MtAF.S COST DETAiI T M ulr4 m uA TE / 2,v 10 N0. 00 UNITS ::EM FO FPFEf'IFY YFFV- LVEG IIiLp IPL WRA. I TINY � CENT 109 DECK/JTAIR S S(.I .L''t I nI I OEPREOIAIION ib•r LE, /I / A B WPLL I 9NINBLE_ ISLIC. BL OOC S 1w A.C. cosi 92 NNCTIONAL 11 1114 _ EX.. KIT COST 1101 — I I EK, PLBO. COST A OMVEL mou CO@T FPCTOa ARO. rA4TOP GROUP CONST FAC'OP AI.I.'NEIC COST wic COST FACTOR AREA ABI. FACTOR .,P.ouyacrrHS.�aTAG�DP .__.. _ ♦ I EI 01 ISN 1 !I J ! ,.. �I N'ORKMANEMIP BASIC COST DATA. MISCEU&NEOUS STRUCTURES IE STRUCT OESGRIPTbN AIZE a ORIGINAL IMP. Com NO. UNIT COST ' 10 COET INCEK COpE _ l S'0 97 COST YR. BASF GO n _ NI pE910N TYPE � - mmCLASS., ,.._ IS uslc FL. AREA MI NO. OF UNITS 53 OR. CONST MOO, E3 NO: OF FLS. 91 TOTAL NO. RENTAL UNITE OQ FLOOR Y a• FL ARCA . 97 NO. OF UNIT! r W FLOOR % — i4 FL AREA 1 1 NO (1F UNITS IPI FLOOR h —� IOP PL AREA 10 N0. 00 UNITS IN TOT PORCH 3 109 DECK/JTAIR S S(.I I'M AC CENT. 'IES � NO Ir1i I.�! . 107 NEAT CENT, +ES t"i NO 1w A.C. cosi 10P FP COST -- EX.. KIT COST 1101 — I I EK, PLBO. COST IIIA COV PAT: P 11 P % OPEN PAT, S 1141 LNCflY-6T1 ITEM 1-5, NEC I1ALL 6 nEM ra nFFA UNI( Y _ _ -_.._ UNIT'YR._ PCL9T-.. ——. ODQ v0 FOAi OST _..._ nP eESi: EO RN S COST I 11T CABnaA y T 111 CAR AREA ^R CAN C.W.i 'EQ CARPORT 40. CT TARP/}N' ... Iia F W AFtA- - . F N 4081 ; FERIM FSNCE S M MUC COST -- '26 FOCI, COOT i -mi BA It - .1 COCA COST— . 9DCS CAT, . - 1101 w1Lo,OE Y, OST €t IMPS f - 3 P LCOS .. .- .. — - 1fr.= uFurt _.. TFR — Nn ❑ FlCh IMP?.. 6- r✓AMPL_COCC COCK PC.NO`-4 A. E ADDRESS 01ST. OWNER RCWUMII! __.. __ COMPUTATIONS F775 tETI FAM. MICROS DT DMT �frLLpp^7}A DATE �— — AC _^ BLOCK _ .._ AMT ROOM AND FINISH DETAILI NIT S FLOOR FIHISM INTEIIIOII FINISH A.P. :. ' RM4 DRWALLS[[ICINGS -_ R $IOF. OF C F, DATE EHPIOYEE NO CONST. DATE DESIGN TTPEDEVICE. 'PE EFFECTivETEAR _ DFPRECIAiIDN TAR[[^ ,L"TIONAI PLAN ] LJ 1 ❑ 3RAL OFNWl_ORI WALL CONDITION I ❑ 1❑$❑SPLA$N BASE WORKMANSHIP 1 X11 j x'131-1 FL NO. FINISH FIXTURES PLWRS WALLS IN u TOE n' m W FINIS" GRADE _ _MI_S_CELIANEDU3 STRUCTURES STRUCT. �FNO CON.EAT. ROOF FE INT SIZEGAR I _ APPR. DATE BE,ITEM NO. 9T I COST VWHER RM! $ED RME' eATe RMS RAL NEAT TES ❑ ryp . COOLING YE$❑NOEl VEL EASE -,f COST FACTORS u QUALITY CLASS 19 ARG FOR MOO, PC 1.9 —'"AR" III 2Rtl PLR AREA - !2 Ono FLP FACTOR 92 $4 FLR AREA 94 ]NI FLIT FACTOR E4 ATTIC ARG f$ ATTIC FACTOR ET FIN B$MT AREA FS FIN WMT FACTOR 101 ADDITIONS FACTOR 101 FORCH TOTAL COST IN COY PATIO COST 10S UNCOv PATIO cost rCOWOATUmNIT cosiLBD COSTCLASS OFT[LAS$ ATTMEAEAST IS FBNCE CDB, rwmOST ATEMM COST SPEC. IAV{ 411ASIDE CDNETR, P. C EOSI$— ATTACHMENT G August 4, 2010, zoning confirmation letter from City staff Community Development Department ) TUSTIN August 4, 2010 Brett Fairbanks 520 Pacific Street Tustin, CA 92780 SUBJECT: ZONING CONFIRMATION FOR 520 PACIFIC STREET Dear Mr. Fairbanks: BUILDING OUR FUTURE HONORING OUR PAST Thank you for your letter, received July 27, 2010, requesting zoning confirmation for the property located at 520 Pacific Street. In your letter, you indicated that the property has a single family residence in the front with two guest homes in the back. You have also included copies of tax assessor information related to your property for the City's review. In the event of a fire, earthquake, or disaster, you inquired if the City would allow the guest houses to be rebuilt. The subject property is zoned as Single Family Residential (R-1) and located within the Cultural Resources Overlay (CR) District. Accessory buildings used as guest rooms are allowed as conditionally permitted uses within the R-1 zoning district, provided that no cooking facilities are installed or maintained. A guest house is defined in the Tustin City Code as detached living quarters of a permanent type of construction and without kitchens or cooking facilities and where no compensation in any form is received or paid. No permits exist for guest houses at the subject property and no conditional use permit is on file to establish guest houses at the subject property. In your letter you indicated that there are two addresses at the subject property, 520 and 520 1/2 Pacific Street. The City has not assigned a Y2 address to the subject property. Pursuant to Tustin City Code Section 9273(c), "A nonconforming building, destroyed to the extent of more than fifty (50) percent of its reasonable value at the time of its destruction by fire, explosion or other casualty or act of God, may be restored or used only in compliance with the regulations existing in the district wherein it is located." The provisions for reconstruction of a nonconforming building does not apply to structures or additions which have been illegally constructed or constructed without the benefit of permits. Should you wish to establish guest houses at the subject property, approval of conditional use permits and obtaining necessary building permits would be required. Should you have any questions, please do not hesitate to call me at (714) 573-3123. Sincerely, Rya wiontek Associate Planner Attachments: A. Single Family Residential (R-1) standards B. Cultural Resources District (CR) standards C. Guest House Definition 300 Centennial Way, Tustin, CA 92780 0 P: (714) 573-3100 0 F: (714) 573-3113 • www.tustinca.org CC: Elizabeth A. Binsack Dana L. Ogdon Justine Willkom S:\Cdd\Ryan\Zoning Confirmation\520 Pacific St.doc ATTACHMENT H Report prepared by Thirtieth Street Architects, Inc. thirtieth street architects inc . October 20, 2010 Ms. Elizabeth Binsack, Community Development Director City of Tustin 300 Centennial Way Tustin, CA 92780 Re: 520 Pacific Street, Tustin Dear Elizabeth: founding principals john u. toomis, architect james c. wilson, architect principal etwood 1. gulley, architect Pursuant to our letter agreement, we have conducted a cursory review of the photographs of structures provided by staff of the existing structures at 520 Pacific Street. The following is a summary of our findings: Terminology We will refer to the street facing side of the complex as the "front', the two sides as the "left and right' based on looking at the site from the street and the structures built behind the carriage barn as the "middle" and "rear" structures. Zoning Zoning issues are not part of our Scope of Work and are not addressed. Building Sequence It appears that the main front house and two-story or loft type carriage barn may have been originally built on the site in 1928. Both of these structures exhibit the same type of exterior siding and window and door trim. The historical survey indicates that there is evidence that the original front gable of the residence may have originally had a modified hip roof at its roof peak, but was later modified. It appears that the original development probably involved one living unit in the main house. 2821 newport boulevard — newport beach, ca 92663 — 949/673-2643 At some point later in time, it appears that the upper portion of the carriage barn was converted into a second living unit with the addition of the stairway at the left side of the property. The carport and rear one-story middle addition may also have been added at this time or later, subsequent to the original construction of the residence. Both the enclosed entry and one-story addition have vertical siding and no carpenter cuts on the window trim that distinguishes these alterations from the original construction. The deepened fascia detail at the rear elevation of the enclosed entry is a clear indication of a later alteration. The date of these alterations is unknown, but they were likely constructed much later than the original residence, probably during the late 1940's or early 1950's. Later, another rear addition was constructed that may have initially been used as a garden shed or children's playhouse (because of the very low ceiling height). The building has vertical board and batt siding and different detailing than the original structures and a vintage TM Cobb front door. This was probably converted into a third living unit some time in the early 1960's, based on the knotty pine interior. This is a very substandard structure in terms of ceiling height and construction methods. Additional alterations to the middle addition were made later, including a rooftop shed structure with a skylight that is apparently over a shower. There is evidence of fairly recent electrical work based on the yellow Romex that is visible in many of the building cavities. Changes in Use The original development of the site in 1928 included the construction of a single- family residence with one living unit and a two-story carriage barn that was apparently used as a garage and agricultural storage. At some time after WWII, the carriage barn was converted into a second living unit, with the addition of the front stair, carport and middle addition at the rear. Another rear addition was added behind the middle addition during the late 1950's or early 1960's. This very substandard structure was probably originally used as a storage shed or kids playhouse. It was later converted into a third living unit. Historic Significance The original building has been noted in the Tustin Historic Survey as "one of a variety of California Bungalow buildings that contributes to Tustin". Although substantially modified when the second living unit was added, the middle, two story carriage barn structure appears to retain enough of it's original architectural integrity and detailing (horizontal redwood siding, carpenter cuts at window trim, 2821 newport boulevard— newport beach, ca 92663 — 949/673-2643 modified hip roofs, etc.) to also be considered historic as part of the original development of the property, The mid -addition and rear additions were later alterations that are inconsistent with the architecture of the original structure and are, therefore, not considered historically significant. Building Code Issues There appear to be a number of serious building hazards and code violations in the current development. The most significant is the construction of the enclosed stairway to the upper unit that actually encroaches across the side yard property line. This addition is illegal and constitutes as hazard, in our opinion, by blocking access in the side yards for fire fighting, as required by the CBC. This stair addition should be removed and a new stairway/entry constructed elsewhere. The rear living unit structure is very non -conforming to Building Codes and it does not appear to be economically viable to bring this structure up to current codes. Further Study Further research using Sanborn and Building Survey Maps could confirm the construction sequence and provide proof of construction dates. There also could be information relating to the use of these structures at the time of mapping. The cost of retaining an Architectural Historian to research this property would probably be about $1,000. Conclusion We feel that the front house and two-story carriage barn are both historically significant. It is apparent that there was only one living unit on-site in 1929 when the City of Tustin was incorporated. There is strong physical evidence that the second and third living units were added much later, post WWII. Recommendations We would recommend that the illegal stairway be removed and that code violations be corrected at the carriage barn ASAP, if the continued use of this space as a second living unit is allowed by the City of Tustin. We would hope that future improvements could include the reversal of some of the inappropriate alterations to the carriage barn to help restore the architectural integrity of this resource. 2821 newport boulevard — newport beach, ca 92663 —949/673-2643 We do not recommend the occupancy for habitation of the substandard, rear addition. If you have any questions regarding the above, please do not hesitate to contact me. Very truly yours, 44�L John Loomis Principal 2821 newport boulevard — newport beach, ca 92663 — 949/673-2643 ATTACHMENT I PC Resolution No. 4161 RESOLUTION NO. 4161 A RESOLUTION OF THE BOARD OF APPEALS OF THE CITY OF TUSTIN, AFFIRMING THE NOTICE AND ORDER FOR PUBLIC NUISANCE AS DETERMINED BY THE ENFORCEMENT OFFICER FOR THE PROPERTY AT 520 PACIFIC STREET (ASSESSOR'S PARCEL NO. APN 401-371-07) The Board of Appeals of the City of Tustin does hereby resolve as follows: The Board of Appeals hereby finds and determines as follows: A. That, on July 27, 2010, Bret Fairbanks, the current property owner of 520 Pacific Street, sent a letter requesting that City staff provide written verification that the two guest homes located at the rear of the single family residence at 520 Pacific Street could be rebuilt in the event of a fire, earthquake, or disaster; B. That, on August 4, 2010, City staff provided a written zoning confirmation letter informing Mr. Fairbanks that the property is zoned as Single Family Residential (R-1) and located within the Cultural Resources Overlay (CR) District and that accessory buildings used as guest rooms are only allowed as conditionally permitted uses within the R-1 district, provided that no cooking facilities are installed or maintained and that no compensation in any form is received. The letter further informed the property owner that no permits or entitlement exist for the guest houses at the subject property; C. That, on September 10, 2010, City staff conducted an on-site assessment of the property at 520 Pacific Street. The assessment revealed that several unpermitted modifications and additions had been made to the rear units that were not in compliance with Tustin City Code requirements; D. That Pursuant to Tustin City Code Section 5503, on September 16, 2010, the City of Tustin sent notice of recordation of a Notice and Order for the property at 520 Pacific Street to Mr. Fairbanks. Said Notice and Order provided written notice of the existence of a public nuisance on the property as determined by the Enforcement Officer and required the correction of code violations related to unpermitted structures constructed in violation of the Tustin City Code including the City of Tustin Building Code and Zoning Code; E. That, pursuant to Tustin City Code Section 5503, the Enforcement Officer is defined as the Director of Community Development or any other person or City officer or employee as may be designated by the City Manager to enforce property maintenance, zoning, and other nuisance abatement regulations and standards of the City; Resolution No. 4161 Page 2 F. That, on September 22, 2010, Bret Fairbanks, the current property owner of 520 Pacific Street, filed an appeal of the Notice and Order for the declaration of public nuisance at his property; G. That on October 14, 2010, the City gave public notice by publication in a newspaper of general circulation, by posting the project site, and by mailing to all property owners within 300 feet of the subject site of the holding of a public hearing at which the appeal would be considered; H. That on October 26, 2010, a duly called, and noticed public hearing at which interested persons had an opportunity to testify in support of, or in opposition to the appeal and, at which the Planning Commission, acting in its capacity as the Board of Appeals, considered the appeal of the Notice and Order filed at 520 Pacific Street; That, pursuant to Section 112 Board of Appeals of the Building Code as adopted by the City of Tustin, the hearing was held to consider evidence that is relevant to whether the true intent of the City of Tustin's adopted California Building Code or the rules legally adopted thereunder have been incorrectly interpreted; the provision of such code do not fully apply; or an equally good or better form of construction is proposed. J. That, pursuant to Section 112 of the City of Tustin's adopted California Building Code, the Planning Commission, acting as Board of Appeals, shall not have authority relative to interpretation of the administrative provisions of the Tustin Building Code or to waive requirements of such code. Further, the hearing shall be de novo and the Board of Appeals may approve, approve with conditions, or disapprove the matter in accordance with the Tustin City Code or remand the matter to the Community Development Director or the Zoning Administrator for further proceedings in accordance with directions of the Board of Appeals. K. That, the Board of Appeals considered evidence supporting the Enforcement Officer's determination that a public nuisance condition exists at the subject property due to the present violations of the following Building Code section: California Building Code A105.1 (Adopted per Tustin City Code 8100) - Permits Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. Resolution No. 4161 Page 3 L. That there is substantial evidence that the violations identified in the Notice and Order exists as evidenced by the Building Code violations observed on a cursory and visual observation of a site visit on September 10, 2010 provided hereto in Exhibit A. M. That the violations identified herein and in the Notice and Order demonstrate that substandard housing and property maintenance conditions exist which create a dangerous condition at the subject property due to the present violations of the California Building Code as adopted per Tustin City Code 8100; N. That the extent of repairs ordered by the Enforcement Officer are appropriate for the property; O. That the time limitations for starting and completing the repairs are reasonable; P. That the Board of Appeals has the right to employ qualified individuals to assist in its investigations and in making findings and decisions. Staff commissioned a third party survey and evaluation provided by Licensed Architect John C. Loomis from Thirtieth Street Architects, Inc. The architect provided a report that concluded that "the front house and two-story carriage barn are both historically significant. It is apparent that there was only one living unit on-site [main house] in 1929 when the City of Tustin was incorporated. There is strong physical evidence that the second and -third living units were added much later, post WWII' (attached hereto in Exhibit C). The Planning Commission, acting in its capacity as the Board of Appeals pursuant to Section 112 of the Building Code as adopted by the City of Tustin, hereby affirms the Notice and Order for the property at 520 Pacific Street which provides written notice of the existence of a public nuisance and requires the correction of code violations related to illegal structures constructed in violation of the Tustin City Code subject to the following condition: The property owner(s) is/are hereby ordered to comply with the requirements of the Notice and Order identified in the related staff report dated October 26, 2010, as attached hereto Exhibit B and incorporated herein with the exception of the date of compliance which is hereby established as November 30, 2010. PASSED AND ADOPTED by the Board of Appeals of the City of Tustin, at a regular meeting on the 26th day of October, 2010. Resolution No. 4161 Page 4 Jeff R. Thompson Chair Pro Tem Y. Henry Huang, P.E., C.B.O. Board of Appeals Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Y. Henry Huang, the undersigned, hereby certify that I am the Board of Appeals Secretary of the Board of Appeals of the City of Tustin, California; that Resolution No. 4161 was duly passed and adopted at a regular meeting of the Tustin Board of Appeals, held on the 26th day of October, 2010. Y. Henry Huang, P.E., C.B.O. Building Official S:\Cdd\Amy\Code Enforcement\520 Pacific\PC resolution Appeal 520 Pacific,docx EXHIBIT A OF RESOLUTION NO. 4161 Table 1: Code Compliance Issues EXHIBIT A RESOLUTION NOs. 4161 AND 4162 Table 1: Code Compliance Issues Location Code Compliance Code Sections Photos Issue applicable The use of the property California Fire Code as a triplex (with 3 Section 102.3 Chang_ a of units) changes the use or occupancy, t building occupancy California Fire Code from R3 (single family Section 102 Unsafe residential) to R1 Building or Structures (multiple family)_ It could not be California Fire Code determined if footing/foundations Section 102 Unsafe Building or Structures ' j exist to provide adequate structural bracing and support to the structures j Multiple residential No fire separation walls Building Code Table between units; 503; California Fire Code units built after therefore not in Section 110.1 Unsafe original structures compliance with one Conditions w/o permits hour separation requirements which poses a potential fire hazard to occupants Mechanical, electrical, TCC 8100 Adoption of and plumbing (including 2007 California Building HVAC) installation Code At 06.1 — Permits Bathroom work done without required) permits in upper Permits are required to unit w/no t7 insure that life safety permits protocol is followed and (, installation is done ' according to plan. Without such permits and inspection, installation may create fire hazard, water damage, etc. Pursuant to the zoning TCC 9223a7(b)- code; the property does minimum building site for not have sufficient lot second residential unit is size to accommodate a 12,000 square feet Second and second or third unit TCC 9223b2 Accessory (Requires min. 12,000 buildings used as guest third residential sq.. ft. lot; however this rooms, providing no units lot is 10,000 sq. ft) cooking facility is Guest unit (no kitchen installed or maintained, facilities) requires CUP, subject to Conditional This number of units Use Permit would need to be located in an R-2 or R-3 district and would require a minimum of 7 parking stalls to support the added residential use. 11 Page EXHIBIT A RESOLUTION NOs. 4161 AND 4162 Location Code Compliance Code Sections Photos Issue applicable The second story wall Section 1403 of TCC construction and 8100 Adoption of 2007 windows adjacent to the California Building Code property line do not comply with fire 4 protection Insufficient requirements. setback to The opening is not '- PL permitted as shown; exterior wall is not fire rated; primary (and only) stairway restricts " ingress egress in case of fire or other emergency. Furnace installed TCC 8100 Adoption of without required permits 2007 California Building does not meet Code A105.1 — Permits clearance requirements required and creates a potential fire hazard. Exposed electrical next TCC 8100 Adoption of to unpermitted furnace 2007 California Building fo„ . which causes potential Code A105.1 — Permits fire hazard. required I c II JI Z i 9Electrical device next to heater Kitchen cooking TCC 9223b2 No cooking facilities not permitted facilities permitted in In guest unit. guest unit Kitchen in Plumbing and electrical TCC 8100 Adoption of per unit installed without 2007 California Building permits. Permits are Code A105.1 —Permits required to insure that required life safety protocol is followed and installation is done according to — — plan. Without such permits and inspection, Installation may create fire hazard, water damage, etc. 21 Page EXHIBIT A RESOLUTION NOs. 4161 AND 4162 Location Code Compliance Code Sections Photos Issue applicable Shower added on to TCC 8100 Adoption of original structure. This 2007 California Building requires a building Code At 05.1 –Permits permit to add additional required) - square footage (pop - out) and permits for plumbing, and waterproofing. Shower added w/o !__ - permits Railing has no TCC 8100 Adoption of intermediary posts and 2007 California Building No inner the run and rise are not Code At 05.1 – Permits compliant with Building required posts Code requirements nor TCC 8100 Adoption of is the unprotected back 2007 California Building y which is open. This Code 1012 Handrails– a poses a potential falling handrails required for hazard for small stairways children. TCC 8100 Adoption of 2007 California Building m Code 1013 Guards– guards shall be located y along open -sided awalking surfaces m including stairways located more than 30 inches above the grade below There is no property 2007 CBC Section "o line firewall separation 1024.3 Exit discharge c between staircase and location Window at PL 8 the property line. requires 5ft V) setback The staircase is built TCC 91 requires over the property line 5 ft. setback to property A guest unit requires a line 5 foot setback to property line (PL), Built over PL There are several issues associated with the location of this staircase; most imminent is the lack of emergency access and safe egress from the unit. Roof drains onto 2007 CBC Section neighboring property 1101.1 all roofs shall be which may cause drained into a separate flooding. storm sewer system 2007 CBC Section 2007 CBC Section A09.4– Drainage across property line 3 1 P a g e EXHIBIT A RESOLUTION NOs. 4161 AND 4162 Location Code Compliance Code Sections photos Issue applicable Structural supports do 2007 CBC Section not provide sufficient 1604.1, 2301.2 General supporting rafters Roof Design Requirements. Inadequate members are Floor joist supported undersized to provide along block fence rather structural adequate support than cantilevered from supports the two story structure The carport is attached Change in occupancy to both the main house constitutes a multitude of�s Carport and the 2 -story garage CBC and Fire Code attached to and attached rear units; violations: making this a tri-plex California Fire Code main house unit pursuant to building Section 102.3 Change of and garage code fire rating. These use or occupancy; — deficiencies create California Fire Code access hazards for fire Section 102 Unsafe access and may pose Building or Structures e additional hazards to 4 occupants since the occupancy changes with a tri-plex (common terminology). Unsupported electrical TCC 8100 Adoption of metal conduit (EMT) 2007 California BuildingUnsu Unsupported pp between garage and Code Al 05.1 —Permits house. The potential for required line over carport damage and failure due to the exposure of the line is increased and poses a potential fire hazard. 41 Page EXHIBIT A RESOLUTION NOs. 4161 AND 4162 Location Code Compliance Code Sections Photos Issue applicable No rating separation 2007 CBC Table 602 between walls of garage Fire -Resistance Rating and living units; thus Requirements for Exterior Romex wiring is exposing tenants above Walls Based on Fire Unprotected and exposed and next to the garage Separation Distance — < to fire hazard originating in the garage. w d New junction box without ti m t7 permits Pala 9 10 Electrical wiring: 2007 CEC Article 334.15 Romex cannot be Exposed Work and exposed or unprotected Article 330.30 Securing and must be and Supporting attachedlsecured. (Romex was first used in the 1950's. Color coding (yellow) wasn't available until 2001 Unit does not meet ire 2007 CBC Table 602 rating requirement; 5 Fire -Resistance Rating foot setback required to Requirements for Exterior property line to protect Walls Based on Fire occupants from fire Separation Distance x hazards; or safety (1927 UBC Section 1403, personnel responding to less than 3 feet) an emergency. TCC 9223b2 minimum C side yard setback 5 feet v N LD d Min. 5 ft setback required (zero -4 ft provided) 51 Page EXHIBIT A RESOLUTION NOS. 4161 AND 4162 Location Code Compliance Code Sections Photos Issue applicable _ Heater installed with a TCC 8100 Adoption of gas line without permits 2007 California Building It is installed on a Code At 05.1 —Permits combustible wood sided required' wall which poses a Subject to manufacture's Heater potential fire hazard due installation standards and installed to the combustible mechanical/plumbing material permit permit Ceiling heights vary and 2007 CMC Section do not meet the 7'6" 1208.2 Ceiling height = height requirement minimum Ceiling height does not meet min. 7'6" Improper and 2007 CFC Section 605.5 — substandard electrical Extension Cords wiring without permit - Power strip next to kitchen sink where a range might have been previously a Y C N I _ - N i Plumbing added without TCC 8100 Adoption of m permit 2007 California Building Code A106.1 — Permits required) TCC 9223b2 No cooking Kitchen in rear unit- not permitted Kitchen is not permitted (per zoning) facilities permitted in (i.e. plumbing, electrical, guest unit etc.) 61 Page EXHIBIT A RESOLUTION NOs. 4161 AND 4162 Location Code Compliance Code Sections Photos Issue applicable Unsecured and exposed 2007 CMC Section gas line on the interior 1311.2.6 Hangers, which poses a potential Supports, and Anchors gas leak and fire hazard and 1311.7 Outlets within the rear unit Exposed and unsecured gas t line inside unit i Insulation is nonrated Wall and opening and is combustible protection 2007 CBC (appears to be straw Table 602 Fire - bale) Resistance Rating Requirements for Exterior Walls Based on Fire a Separation Distance and Table 704.8 Maximum v Area of Exterior Wall Openings m Combustible material installed between walls mio s is The room is considered Habitable space as "habitable space" and defined by CBC is a appears to not provide space in a building for sufficient, ventilation, living, sleeping, eating or heat and light cooking. Therefore, it requires sufficient light, _ ventilation, heat, etc Calling height is too low 2007 CMC Section v E and should be a 1208.2 minimum T6" minimum 7'6" t e 0 ;does �i K g height not meet um Building Code observations are based on a 30 minute cursory and visual observation of a site visit on September 10, 2010 5:\Cdd\Amy\Cade Enforcement\520 Pacific\Codeviclations.doc 7 1 P a g a EXHIBIT B OF RESOLUTION NO. 4161 Notice and Order Community Development Department Sent via first class and certified mail September 16, 2010 Bret S. Fairbanks 520 Pacific Street Tustin, CA 92780-4329 NOTICE AND ORDER/PRE-CITATION NOTICE DECLARATION OF PUBLIC NUISANCE Property Address: Assessor Parcel Number: Case Number: Dear Mr. Fairbanks, 520 Pacific Street 401-371-07 V10-0312 TUSTIN TL I I �� JjJf ivy3 1 1115'tORY BUILDING OUR FUTURE HONORING OUR PAST Thank you for meeting with City staff at 520 Pacific Street on September 10, 2010. During the inspection, two detached structures were observed within the rear yard, in addition to a guest house above the garage and a second guest house behind the garage; all of which are unpermitted. A preliminary search of City records also indicates that no conditional use permit (CUP) is on file to establish guest houses at the property. Other noncompliant issues were also noted during the inspection; which include, but are not limited to the staircase on the south side of the garage which does not provide the appropriate setback to the side property line and the guest house above the garage currently contains cooking facilities, which is prohibited. Several violations currently exist at your property, which are attached hereto as Exhibit B. Pursuant to Tustin City Code 1122(a), any violation of the Tustin City Code is a public nuisance. Therefore, please be advised that the City has determined that a public nuisance is being maintained at 520 Pacific Street due in that the necessary permits and entitlement were not obtained for the two detached structures in the rear yard or the two guest houses. You are hereby directed to do one of the following by no later than Friday, October 29, 2010: 1) Submit a complete CUP application with the appropriate plans and all other necessary entitlement applications to the Planning and Building Division for the two guest houses and the two detached structures within the rear yard. 300 Centennial Way, Tustin, CA 92780 R (714) 573-3100 • F-: (714) 573-3113 • www.tustinca.org Notice and Order at 520 Pacific Street September 16, 2010 Case # M-0312 Page 2 OR 2) Obtain a permit from the Planning and Building Division and physically commence with the demolition and removal of all unpermitted structures and improvements on the property; which include, but are not limited to the two guest houses, the staircase attached to the garage and the two detached structures within the rear yard. NOTE: For information on obtaining permits, please contact the Building Division at (714) 573- 3120 and/or the Planning Division at (714) 573-3140. Additionally, all permits related to this matter are to be finaled within ninety calendar days of permit issuance pursuant to 2007 California Building Code A105.5. This letter constitutes your Notice and Order to abate all public nuisance conditions and violations at 520 Pacific Street. You (or) any person having any record title or legal interest in the property may request consideration of this Notice and Order or any action of the enforcement within ten calendar days from the date of service of this Notice and Order. All appeals shall be made in writing. Failure to comply with this notice within the time limit specified above may result in (1) the issuance of an administrative citation pursuant to Tustin City Code 1162(x) (reference Exhibit A attached hereto for further information), and/or (2) all necessary work being completed by City personnel or private contractor, with all abatement costs being billed against you and/or assessed against the property and/or (3) the referral of this matter to our City Attorney for further legal action. Please note that the disposal of any material involved in public nuisances shall be carried forth in a legal manner, Additionally, this notice and order will be recorded against the property in the Office of the County Recorder. If you need further clarification or assistance with this matter, please contact me directly at (714) 573-3135, Sincerel , Br d Steen Code Enforcement Officer Attachments: ExhibitA—Administrative Citation Information Exhibit B — Code Violations cc: Amy Thomas, Senior Planner/Code Enforcement Supervisor Community Development Department EXHIBIT A Administrative Citation Process TUSTIN BUILDING OUR FUTURE HONORING OUR PAST In accordance with Tustin City Code (TCC) 1162(d), fines may be assessed by means of an administrative citation as follows: $100.00 for a first violation; $200.00 for a second violation of the same ordinance or permit within one year of the first violation; or $500.00 for a third or any further violation of the same ordinance or permit within one year of the first violation. Building and Safety Code (TCC Sec. 8100 — 8999) violations may be assessed at $100.00 for a first violation; $500.00 for a second violation of the same ordinance or permit within one year of the first violation; or $1,000.00 for a third or any further violation of the same ordinance or permit within one year of the first violation. The City may also take further legal action including issuing the responsible person(s) a criminal citation and/or abating the violation(s) with the cost of such abatement and/or prosecution assessed against the responsible person(s), the property owner(s), and/or the property as a lien. Should an administrative citation be issued, the responsible person has ten (10) days from the date of the administrative citation to pay the corresponding fine(s). Additionally, the responsible person must take one of the following actions to avoid additional penalties prior to the compliance data specified in the administrative citation: 1) Correct the violation, pay the corresponding finals), and contact the City to request a re- inspection, or 2) Pay the corresponding fine(s) and request an extension of time in writing pursuant to TCC 1165(b), which shows a reasonable hardship; or 3) Request a hearing to appeal the administrative citation pursuant to TCC 1166 within ten (10) days from the date of the administrative citation, together with an advanced deposit of the corresponding fine(s). Request for Hearing forms and other information on Administrative Citations may be obtained on the City's website at www.tustinca.orc. 300 Centennial Way, Tustin, CA 92780 • P: (714) 573-3100 • F: (714) 573-3113 0 www.tustinca.org Notice and OnJerat 520 PacRc Street September 16, 2010 Case # WM312 Exhibit B Code Violations at 520 Pacific Street 2007 California Building Code A105.1 (Adopted per Tustin City Code 8100) — Permits Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. Tustin City Code 9223(b)(2) — Single Family Residential District (R-1) Conditionally Permitted Uses and Development Standards - Accessory buildings used as guest rooms, provided no cooking facility is installed or maintained are subject to a conditional use permit. Tustin City Code 9223(b)(2)(d) — Single Family Residential District (R-1) Minimum side yard setback for accessory buildings used as guest houses - Corner lot line: 10 feet; Interior lot line: 5 feet. NOTE: Please be advised that there may be additional code compliance requirements. EXHIBIT C OF RESOLUTION NO. 4161 Report prepared by Thirtieth Street Architects, Inc. thirtieth street architects inc, October 20, 2010 Ms. Elizabeth Binsack, Community Development Director City of Tustin 300 Centennial Way Tustin, CA 92780 Re: 520 Pacific Street, Tustin Dear Elizabeth: founding principals john c. loomis, architect james c. wilson, architect principal elwood 1. gulley, architect Pursuant to our letter agreement, we have conducted a cursory review of the photographs of structures provided by staff of the existing structures at 520 Pacific Street. The following is a summary of our findings: Terminology We will refer to the street facing side of the complex as the "front", the two sides as the "left and right" based on looking at the site from the street and the structures built behind the carriage barn as the "middle" and "rear" structures. Zoning Zoning issues are not part of our Scope of Work and are not addressed. Building Sequence It appears that the main front house and two-story or loft type carnage barn may have been originally built on the site in 1928. Both of these structures exhibit the same type of exterior siding and window and door trim. The historical survey indicates that there is evidence that the original front gable of the residence may have originally had a modified hip roof at its roof peak, but was later modified. It appears that the original development probably involved one living unit in the main house. 2821 newport boulevard — newport beach, ca 92663 — 949/673-2643 At some point later in time, it appears that the upper portion of the carriage barn was converted into a second living unit with the addition of the stairway at the left side of the property. The carport and rear one-story middle addition may also have been added at this time or later, subsequent to the original construction of the residence. Both the enclosed entry and one-story addition have vertical siding and no carpenter cuts on the window trim that distinguishes these alterations from the original construction. The deepened fascia detail at the rear elevation of the enclosed entry is a clear indication of a later alteration. The date of these alterations is unknown, but they were likely constructed much later than the original residence, probably during the late 1940's or early 1950's. Later, another rear addition was constructed that may have initially been used as a garden shed or children's playhouse (because of the very low ceiling height). The building has vertical board and batt siding and different detailing than the original structures and a vintage TM Cobb front door. This was probably converted into a third living unit some time in the early 1960's, based on the knotty pine interior. This is a very substandard structure in terms of ceiling height and construction methods. Additional alterations to the middle addition were made later, including a rooftop shed structure with a skylight that is apparently over a shower. There is evidence of fairly recent electrical work based on the yellow Romex that is visible in many of the building cavities. Changes in Use The original development of the site in 1928 included the construction of a single- family residence with one living unit and a two-story carriage barn that was apparently used as a garage and agricultural storage. At some time after WWII, the carriage barn was converted into a second living unit, with the addition of the front stair, carport and middle addition at the rear. Another rear addition was added behind the middle addition during the late 1950's or early 1960's. This very substandard structure was probably originally used as a storage shed or kids playhouse. It was later converted into a third living unit. Historic Significance The original building has been noted in the Tustin Historic Survey as "one of a variety of California Bungalow buildings that contributes to Tustin". Although substantially modified when the second living unit was added, the middle, two story carriage barn structure appears to retain enough of it's original architectural integrity and detailing (horizontal redwood siding, carpenter cuts at window trim, 2821 newport boulevard — newport beach, ca 92663 — 9491673-2643 modified hip roofs, etc.) to also be considered historic as part of the original development of the property. The mid -addition and rear additions were later alterations that are inconsistent with the architecture of the original structure and are, therefore, not considered historically significant. Building Code Issues There appear to be a number of serious building hazards and code violations in the current development. The most significant is the construction of the enclosed stairway to the upper unit that actually encroaches across the side yard property line. This addition is illegal and constitutes as hazard, in our opinion, by blocking access in the side yards for fire fighting, as required by the CBC. This stair addition should be removed and a new stairway/entry constructed elsewhere. The rear living unit structure is very non -conforming to Building Codes and it does not appear to be economically viable to bring this structure up to current codes. Further Study Further research using Sanborn and Building Survey Maps could confirm the construction sequence and provide proof of construction dates. There also could be information relating to the use of these structures at the time of mapping. The cost of retaining an Architectural Historian to research this property would probably be about $1,000. Conclusion We feel that the front house and two-story carriage barn are both historically significant. It is apparent that there was only one living unit on-site in 1929 when the City of Tustin was incorporated. There is strong physical evidence that the second and third living units were added much later, post WWII. Recommendations We would recommend that the illegal stairway be removed and that code violations be corrected at the carriage barn ASAP, if the continued use of this space as a second living unit is allowed by the City of Tustin. We would hope that future improvements could include the reversal of some of the inappropriate alterations to the carriage barn to help restore the architectural integrity of this resource. 2821 newport boulevard — newport beach, ca 92663 —949/673-2643 We do not recommend the occupancy for habitation of the substandard, rear addition. If you have any questions regarding the above, please do not hesitate to contact me. Very truly yours, 4L, John Loomis Principal 2821 newport boulevard — newport beach, ca 92663 — 949/673-2643 ATTACHMENT J PC Resolution No. 4162 RESOLUTION NO. 4162 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AFFIRMING THE NOTICEAND ORDER FOR PUBLIC NUISANCE AS DETERMINED BY THE ENFORCEMENT OFFICER FOR THE PROPERTY AT 520 PACIFIC STREET (ASSESSOR'S PARCEL NO. APN 401-371-07) The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That, on July 27, 2010, Bret Fairbanks, the current property owner of 520 Pacific Street, sent a letter requesting that City staff provide written verification that the two guest homes located at the rear of the single family residence at 520 Pacific Street could be rebuilt in the event of a fire, earthquake, or disaster; B. That, on August 4, 2010, City staff provided a written zoning confirmation letter informing Mr. Fairbanks that the property is zoned as Single Family Residential (R-1) and located within the Cultural Resources Overlay (CR) District and that accessory buildings used as guest rooms are only allowed as conditionally permitted uses within the R-1 district, provided that no cooking facilities are installed or maintained and that no compensation in any form is received. The letter further informed the property owner that no permits or entitlement exist for the guest houses at the subject property; C. That, on September 10, 2010, City staff conducted an on-site assessment of the property at 520 Pacific Street. The assessment revealed that several unpermitted modifications and additions had been made to the rear units that were not in compliance with Tustin City Code requirements; D. That Pursuant to Tustin City Code Section 5503, on September 16, 2010, the City of Tustin sent notice for recordation of a Notice and Order for the property at 520 Pacific Street. Said Notice and Order provided written notice of the existence of a public nuisance on the property as determined by the Enforcement Officer and required the correction of code violations related to unpermitted structures constructed in violation of the Tustin City Code including the City of Tustin Building Code and Zoning Code; E. That, pursuant to Tustin City Code Section 5503, the Enforcement Officer is defined as the Community Development Director or any other person or City officer or employee as may be designated by the City Manager to enforce property maintenance, zoning, and other nuisance abatement regulations and standards of the City; Resolution No. 4162 Page 2 F. That, pursuant to Section 9294 of the Tustin City Code, the applicant may appeal the specific action or seek relief in the appeal, and reasons why the action taken by the Community Development Director should be modified or reversed; G. That, on September 22, 2010, Bret Fairbanks, the current property owner of 520 Pacific Street, filed an appeal of the Notice and Order for the declaration of public nuisance at his property; H. That the appellant is requesting consideration regarding the Conditional Use Permit(s) and lot lines, indicating, in part, that he is not in violation of these codes because the structures existed prior to Conditional Use Permits and the first Zoning of Tustin; I. That on October 14, 2010, the City gave public notice by publication in a newspaper of general circulation, by posting the project site, and by mailing to all property owners within 300 feet of the subject site of the holding of a public hearing at which the appeal would be considered; J. That on October 26, 2010, the Planning Commission held a duly called, and noticed public hearing at which interested persons had an opportunity to testify in support of, or in opposition to, the appeal, and at which the Planning Commission, acting in its capacity as the appeal hearing body, considered the appeal of the Notice and Order filed at 520 Pacific Street; K. That pursuant to Tustin City Code Section 9294, the Planning Commission will act in its capacity as the appeal hearing body to consider appeal of any decisions of the Community Development Director; L. That the City of Tustin was incorporated on September 19, 1927, and the subject property is located within the original City boundaries. The house and detached two story garage were constructed in approximately 1929 and the first published building code, the 1927 Edition of the Uniform Building Code, was adopted by the City of Tustin on June 3, 1929. Construction may have commenced prior to adoption of the 1927 Uniform Building Code, consequently, there are no building permit records for the original construction of the original buildings. The earliest zoning map on file, from 1961, identifies the property as R-1 single family residential and the current zoning for the property is R-1 Single Family Residential; M. That there is substantial evidence that the violations identified in the Notice and Order exists as evidenced by the Building Code violations observed on a cursory and visual observation of a site visit on September 10, 2010 provided hereto in Exhibit A; Resolution No. 4162 Page 3 N. That the third unit located behind the garage structure appears to have been constructed in phases several decades after the original structures. The varying roof heights visible from the interior and exterior of the unit and the different siding indicate that the unit was added in sections at different times. O. That no permits to construct and/or convert the units are on file and there are several code violations which indicate that the unit was not built to City Code requirements. P. That the third unit building was constructed approximately four feet from the property line, which is not consistent with the minimum five foot setback required for accessory structures used as guest units. Additionally, several issues exist, including the improper and substandard electrical wiring, installation of a newer unpermitted heating unit, lack of required firewall and combustible insulation between walls separating units; all of which may cause a fire hazard to occupants. Q. That the Planning Commission has the right to employ qualified individuals to assist in its investigations and in making findings and decisions. Staff commissioned a third party survey and evaluation provided by Licensed Architect John C. Loomis from Thirtieth Street Architects, Inc. The architect provided a report that concluded that "the front house and two-story carriage barn are both historically significant. It is apparent that there was only one living unit on-site [main house] in 1929 when the City of Tustin was incorporated. There is strong physical evidence that the second and third living units were added much later, post WWII" (attached hereto in Exhibit C). R. That the appeal is exempt from the California Environmental Quality Act (CEQA) in that the appeal is not considered a project under CEQA Guidelines; II. The Planning Commission, acting in its capacity as the appeal hearing body Per TCC Section 9242, hereby affirms the Notice and Order for the property at 520 Pacific Street which provides written notice of the existence of a public nuisance and requires the correction of code violations related to illegal structures constructed in violation of the Tustin City Code subject to the following condition: The property owner(s) is/are hereby ordered to comply with the requirements of the Notice and Order identified in the related staff report dated October 26, 2010, as attached hereto as Exhibit B and incorporated herein with the exception of the date of compliance which is hereby established as November 30, 2010. Resolution No. 4162 Page 4 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 26th day of October, 2010. Jeff R. Thompson Chair Pro Tem ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 4162 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 26th day of October, 2010. ELIZABETH A. BINSACK Planning Commission Secretary 5:\Cdd\Amy\Code Enforcement\520 Pacific\PC resolution Appeal 520 Pacific.docx EXHIBIT A OF RESOLUTION NO. 4162 Table 1: Code Compliance Issues EXHIBIT A RESOLUTION NOs. 4161 AND 4162 Table 1: Code Compliance Issues Location Code Compliance Code Sections photos Issue applicable The use of the property California Fire Code as a triplex (with 3 Section 102.3 Change of units) changes the use or occupancy; building occupancy California Fire Code o' from R3 (single family Section 102 Unsafe Y�Y residential) to R1 Building or Structures (multiple family) It could not be California Fire CodeiiluMnitts'pbuilt determined if Section 102 Unsafe footing/foundations Building or Structures exist to provide adequate structural bracing and support to the structuresNo ulle residentialbetween fire separation walls Building Code Table units; 503; Calfornia Fire Code after therefore not in Section 110.1 Unsafe original structures compliance with one Conditions w/o permits hour separation requirements which poses a potential fire hazard to occupants Mechanical, electrical, TCC 8100 Adoption of and plumbing (including 2007 California Building HVAC) installation Code Al 05.1 —Permits work done without required) Bathroom in upper permits Permits are required to unit w/ no O insure that life safety permits protocol is followed and a, installation is done I, " according to plan. Without such permits and inspection, — installation may create • fire hazard, water damage, etc. Pursuant to the zoning TCC 9223a7(b)- code the property does minimum building site for e. not have sufficient lot second residential unit is size to accommodate a 12,000 square feet Second and second or third unit TCC 9223b2 Accessory (Requires min. 12,000 buildings used as guest third residential sq. ft. lot; however this rooms, providing no units lot is 10,000 sq. ft) cooking facility is Guest unit (no kitchen installed or maintained, ` facilities) requires CUP. subject to Conditional This number of units Use Permit would need to be located in an R-2 or R-3 district and would require a minimum of 7 parking stalls to support the added residential use. 1IPage EXHIBIT A RESOLUTION NOs. 4161 AND 4162 Location Code Compliance Code Sections Photos Issue _ applicable The second story wall Section 1403 of TCC construction and 8100 Adoption of 2007 windows adjacent to the California Building Code property line do not comply with fire u protection Insufficient requirements. setback to The opening is not PL permitted as shown; � exterior wall is not fire rated; primary (and only) stairway restricts ' ingress egress in case of fire or other emergency. Furnace installed TCC 8100 Adoption of without required permits 2007 California Building does not meet Code A105.1 — Permits clearance requirements required rn and creates a potential fire hazard. Exposed electrical next TCC 8100 Adoption of to unpermitted furnace 2007 California Building.. - o Oe which causes potential Code A105.1 — Permits fire hazard. required = l'c Z S U) a c 0 d vJ Electrical device next to heater Kitchen cooking TCC 9223b2 No cooking facilities not permitted facilities permitted in in guest unit. guest unit Kitchen in Plumbing and electrical TCC 8100 Adoption of per unit installed without 2007 California Building permits. Permits are Code A105.1— Permits required to insure that required life safety protocol is followed and installation is done according to plan. Without such permits and inspection, installation may create fire hazard, water damage, etc. 21 Page EXHIBIT A RESOLUTION NOS. 4161 AND 4162 Location Code Compliance Code Sections Issue applicable Photos Shower added on to TCC 8100 Adoption of original structure. This 2007 California Building requires a building Code A105.1 - Permits permit to add additional required) 0. - square footage (pop - out) and permits for plumbing, and waterproofing. Shower added w/o �- - its = _ ' Railing has no TCC 8100 Adoption of intermediary posts and 2007 California Building No inner the run and rise are not Code A105.1 - Permits compliant with Building required posts Code requirements nor TCC 8100 Adoption of is the unprotected back 2007 California Building which is open. This Code 1012 Handrails - poses a potential falling handrails required for hazard for small stairways children. TCC 8100 Adoption ofs 02007 California Building M Code 1013 Guards - guards shall be located l y along open -sided \ ? walking surfaces including stairways located more than 30 inches above the grade below There is no property 2007 CBC Section line firewall separation 1024.3 Exit discharge c between staircase and location Window at PL the property line. requires 5ft y setback The staircase is built TCC 9223b2(e) requires over the property line 5 ft. setback to property A guest unit requires line 5 foot setback to property line (PL). Built over PL There are several issues associated with the location of this staircase; most imminent is the lack of emergency access and safe egress from the unit. Roof drains onto neighboring 2007 CBC Section 1101.1 all roofs shall be property which may cause drained into a separate .r flooding. storm sewer system 2007 CBC Section 2007 CBC Section J109.4 - Drainage across property line 31 Page EXHIBIT A RESOLUTION NOs. 4161 AND 4162 Location Code Compliance Code Sections Photos Issue applicable Structural supports do 2007 CBC Section not provide sufficient 1604.1, 2301.2 General supporting rafters Roof Design Requirements. Inadequate members are Floorjoist supported undersized to provide along block fence rather *' structural adequate support than cantilevered from supports the two story structure The carport is attached Change in occupancy to both the main house constitutes a multitude of Carport and the 2 -story garage CBC and Fire Code attached to and attached rear units; violations: making this a tri-plex California Fire Code ' i main house unit pursuant to building Section 102.3 Change of and garage code fire rating. These use or occupancy; deficiencies create California Fire Code access hazards for fire Section 102 Unsafe access and may pose Building or Structures r additional hazards to occupants since the occupancy changes t) with a tri-plex (common terminolo Unsupported electrical TCC 5100 Adoption of metal conduit (EMT) 2007 California BuildingUnsupported between garage and Code Al 05.1 — Permits house. The potential for required line over carport damage and failure due to the exposure of the line is increased and poses a potential fire hazard. 41 Page EXHIBIT A RESOLUTION NOs. 4161 AND 4162 Location Code Compliance Code Sections Photos Issue applicable No rating separation 2007 CBC Table 602 between walls of garage Fire -Resistance Rating and living units; thus Requirements for Exterior Romex wiring is exposing tenants above Walls Based on Fire unprotected and exposed and next to the garage Separation Distance " r to fire hazard originating in the garage. New junction box without M Sn (7 permits - 2010 0 10 a Electrical wiring: 2007 CEC Article 334.15 Romex cannot be Exposed Work and exposed or unprotected Article 330.30 Securing and must be and Supporting attached/secured. (Rumex was first used in the 1950's. Color coding (yellow) wasn't available until 2001 Unit does not meet fire 2007 CBC Table 602 rating requirement; 5 Fire -Resistance Rating foot setback required to Requirements for Exterior property line to protect Walls Based on Fire. occupants from fire Separation Distance c hazards; or safety (1927 UBC Section 1403, Z personnel responding to less than 3 feet) an emergency. TCC 9223b2 minimum �i side yard setback 5 feet v e Min. 5 it setback required (zero - 4 It provided) 51 Page EXHIBIT A RESOLUTION NOs. 4161 AND 4162 Location Code Compliance Code Sections Photos Issue applicable Heater installed with a TCC 8100 Adoption of gas line without permits 2007 California Building It is installed on a Code A105.1 — Permits combustible wood sided required wall which poses a Subject to manufacture's Heater potential fire hazard due installation standards and installed to the combustible mechanical/plumbing _ w/o material permit permit Ceiling heights vary and 2007 CMC Section do not meet the 7'6" 1208.2 Ceiling height height requirement minimum t Ceiling height does not meet min. 7'6" Improper and 2007 CFC Section 605.6 substandard electrical Extension Cords wiring without permit - Power strip next to kitchen sink where a range might have been previously 'c m m y4 Plumbing added without TCC 8100 Adoption of permit 2007 California Building Code A105,1 — Permits required) TCC 9223b2 No cooking Kitchen in rear unit- not permitted p Kitchen is not permitted (per zoning) facilities permitted in (i.e. plumbing, electrical, guest unit etc.) 61 Page EXHIBIT A RESOLUTION NOs. 4161 AND 4162 Location Code Compliance Code Sections photos Issue applicable Unsecured and exposed 2007 CMC Section gas line on the interior 1311.2.6 Hangers, which poses a potential Supports, and Anchors gas leak and fire hazard and 1311.7 Outlets within the rear unit , Exposed and unsecured gas I line inside unit .a' t, Insulation is nonrated Wall and opening and is combustible protection 2007 CBC (appears to be straw Table 602 Fire - bale) Resistance Rating Requirements for Exterior Walls Based on Fire Separation Distance and Table 704.8 Maximum v Area of Exterior Wall Openings Combustible material installed between walls 2[110 9 10 L _ The room is considered Habitable space as "habitable space" and defined by CBC is a appears to not provide space in a building for sufficient, ventilation, living, sleeping, eating or v m heat and light g cooking. Therefore, it - requires sufficient light, B ventilation, heat, etc Ceiling height is too low 2007 CMC Section $' E and should be a 1208.2 minimum 7'6" 0 minimum 7'6" I t C O a Ceiling height does not meet minimum Building Code observations are based on a 30 minute cursory and visual observation of a site visit on September 10, 2010 5:\Cdd\Amy\Code Enforcement\520 Pacific\Code violations.doc 71 Page EXHIBIT B OF RESOLUTION NO. 4162 Notice and Order Community Development Department Sent via first ciass and certified mail September 16, 2010 Bret S. Fairbanks 520 Pacific Street Tustin, CA 92780-4329 NOTICE AND ORDER/PRE-CITATION NOTICE DECLARATION OF PUBLIC NUISANCE Property Address: Assessor Parcel Number: Case Number: Dear Mr. Fairbanks, 520 Pacific Street 401-371-07 V10-0312 TUSTIN IIISTOKY BUILDING OUR FUTURE HONORING OUR PAST Thank you for meeting with City staff at 520 Pacific Street on September 10, 2010. During the inspection, two detached structures were observed within the rear yard, in addition to a guest house above the garage and a second guest house behind the garage; all of which are unpermitted. A preliminary search of City records also indicates that no conditional use permit (CUP) is on file to establish guest houses at the property. Other noncompliant issues were also noted during the inspection; which include, but are not limited to the staircase on the south side of the garage which does not provide the appropriate setback to the side property line and the guest house above the garage currently contains cooking facilities, which is prohibited. Several violations currently exist at your property, which are attached hereto as Exhibit B. Pursuant to Tustin City Code 1122(a), any violation of the Tustin City Code is a public nuisance. Therefore. please be advised that the City has determined that a public nuisance is being maintained at 520 Pacific Street due in that the necessary permits and entitlement were not obtained for the two detached structures in the rear yard or the two guest houses. You are hereby directed to do one of the following by no later than Friday. October 29, 2010: 1) Submit a complete CUP application with the appropriate plans and all other necessary entitlement applications to the Planning and Building Division for the two guest houses and the two detached structures within the rear yard. . 300 Centennial Way, Tustin, CA 92780 • P: (714) 573-3100 • F: (714) 573-3113 0 www.tustinca.org Notice and Order at 520 Pacific Street September 16, 2010 Case # V10-0312 Page 2 RU 2) Obtain a permit from the Planning and Building Division and physically commence with the demolition and removal of all unpermitted structures and improvements on the property; which include, but are not limited to the two guest houses, the staircase attached to the garage and the two detached structures within the rear yard. NOTE: For information on obtaining permits, please contact the Building Division at (714) 573- 3120 and/or the Planning Division at (714) 573-3140. Additionally, all permits related to this matter are to be finaled within ninety calendar days of permit issuance pursuant to 2007 California Building Code A105.5. This letter constitutes your Notice and Order to abate all public nuisance conditions and violations at 520 Pacific Street. You (or) any person having any record title or legal interest in the property may request consideration of this Notice and Order or any action of the enforcement within ten calendar days from the date of service of this Notice and Order. All appeals shall be made in writing. Failure to comply with this notice within the time limit specified above may result in (1) the issuance of an administrative citation pursuant to Tustin City Code 1162(a) (reference Exhibit A attached hereto for further information), and/or (2) all necessary work being completed by City personnel or private contractor, with all abatement costs being billed against you and/or assessed against the property and/or (3) the referral of this matter to our City Attorney for further legal action. Please note that the disposal of any material involved in public nuisances shall be carried forth in a legal manner. Additionally, this notice and order will be recorded against the property in the Office of the County Recorder. If you need further clarification or assistance with this matter, please contact me directly at (714) 573-3135. Sincerelun Bld Steen Code Enforcement Officer Attachments: Exhibit A —Administrative Citation Information Exhibit B — Code Violations cc: Amy Thomas, Senior Planner/Code Enforcement Supervisor Community Development Department TU S T I N EXHIBIT A Administradve Citadon Process BUILDING OUR FUTURE HONORING OUR PAST In accordance with Tustin City Code (TCC) 1182(d), fines may be assessed by means of an administrative citation as follows: $100.00 for a first violation; $200.00 for a second violation of the same ordinance or permit within one year of the first violation; or $500.00 for a third or any further violation of the same ordinance or permit within one year of the first violatlom Building and Safety Code (TCC Sec. 8100 — 8999) violations may be assessed at $100.00 for a first violation; $500.00 for a second violation of the same ordinance or permit within one year of the first violation; or $1,000.00 for a third or any further violation of the same ordinance or permit within one year of the first violation. The City may also take further legal action including issuing the responsible person(s) a criminal citation and/or abating the violation(s) with the coat of such abatement and/or prosecution assessed against the responsible person(*), the property owner(s), and/or the property as a lien. Should an administrative citation be issued, the responsible person has ten (10) days from the date of the administrative citation to pay the corresponding fine(*). Additionally, the responsible person must take one of the following actions to avoid additional penalties prior to the compliance date specified in the administrative citation: 1) Correct the violation, pay the corresponding fine(s), and contact the City to request a re- inspection, or 2) Pay the corresponding fine(s) and request an extension of time in writing pursuant to TCC 1185(b), which shows a reasonable hardship; or 3) Request a hearing to appeal the administrative citation pursuant to TCC 1188 within ten (10) days from the date of the administrative citation, together with an advanced deposit of the corresponding fine(*). Request for Hearing forms and other information on Administrative Citations (hay be obtained on the City's website at www.tustlnca,ora. 300 Centennial Way, Tustin, CA 92780 • P:(714)573-3100 • F:(714)573-3113 0 www.tustinca.org N.U. and Order at 520 PacNc Strast September 16, 2010 Case 0 V10-0312 Exhibit B Code Violations at 520 Pacific Street 2007 California Building Code A105.1 (Adopted per Tustin City Code 8100) — Permits Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. Tustin City Code 9223(b)(2) — Single Family Residential District (R-1) Conditionally Permitted Uses and Development Standards - Accessory buildings used as guest rooms, provided no cooking facility is installed or maintained are subject to a conditional use permit. Tustin City Code 9223(b)(2)(d) — Single Family Residential District (R-1) Minimum side yard setback for accessory buildings used as guest houses - Corner lot line: 10 feet; Interior lot line: 5 feet. NOTE: Please be advised that there may be additional code compliance requirements. EXHIBIT C OF RESOLUTION NO. 4162 Report prepared by Thirtieth Street Architects, Inc. thirtieth street architects inc. October 20, 2010 Ms. Elizabeth Binsack, Community Development Director City of Tustin 300 Centennial Way Tustin, CA 92780 Re: 520 Pacific Street, Tustin Dear Elizabeth: founding principals john c, loomis, architect james c. wilson, architect principal elwood 1. gulley, architect Pursuant to our letter agreement, we have conducted a cursory review of the photographs of structures provided by staff of the existing structures at 520 Pacific Street. The following is a summary of our findings: Terminology We will refer to the street facing side of the complex as the "front", the two sides as the "left and right" based on Iooking at the site from the street and the structures built behind the carriage barn as the "middle" and "rear" structures. Zoning Zoning issues are not part of our Scope of Work and are not addressed. Building Sequence It appears that the main front house and two-story or loft type carriage barn may have been originally built on the site in 1928. Both of these structures exhibit the same type of exterior siding and window and door trim. The historical survey indicates that there is evidence that the original front gable of the residence may have originally had a modified hip roof at its roof peak, but was later modified. It appears that the original development probably involved one living unit in the main house. 2821 newport boulevard — newport beach, ca 92663 — 949/673-2643 At some point later in time, it appears that the upper portion of the carriage barn was converted into a second living unit with the addition of the stairway at the left side of the property. The carport and rear one-story middle addition may also have been added at this time or later, subsequent to the original construction of the residence. Both the enclosed entry and one-story addition have vertical siding and no carpenter cuts on the window trim that distinguishes these alterations from the original construction. The deepened fascia detail at the rear elevation of the enclosed entry is a clear indication of a later alteration. The date of these alterations is unknown, but they were likely constructed much later than the original residence, probably during the late 1940's or early 1950's. Later, another rear addition was constructed that may have initially been used as a garden shed or children's playhouse (because of the very low ceiling height). The building has vertical board and batt siding and different detailing than the original structures and a vintage TM Cobb front door. This was probably converted into a third living unit some time in the early 1960's, based on the knotty pine interior. This is a very substandard structure in terms of ceiling height and construction methods. Additional alterations to the middle addition were made later, including a rooftop shed structure with a skylight that is apparently over a shower. There is evidence of fairly recent electrical work based on the yellow Romex that is visible in many of the building cavities. Changes in Use The original development of the site in 1928 included the construction of a single- family residence with one living unit and a two-story carriage barn that was apparently used as a garage and agricultural storage. At some time after WWII, the carriage barn was converted into a second living unit, with the addition of the front stair, carport and middle addition at the rear. Another rear addition was added behind the middle addition during the late 1950's or early 1960's. This very substandard structure was probably originally used as a storage shed or kids playhouse. It was later converted into a third living unit. Historic Significance The original building has been noted in the Tustin Historic Survey as "one of a variety of California Bungalow buildings that contributes to Tustin". Although substantially modified when the second living unit was added, the middle, two story carriage barn structure appears to retain enough of it's original architectural integrity and detailing (horizontal redwood siding, carpenter cuts at window trim, 2821 newport boulevard — newport beach, ca 92663 — 949/673-2643 modified hip roofs, etc.) to also be considered historic as part of the original development of the property. The mid -addition and rear additions were later alterations that are inconsistent with the architecture of the original structure and are, therefore, not considered historically significant. Building Code Issues There appear to be a number of serious building hazards and code violations in the current development. The most significant is the construction of the enclosed stairway to the upper unit that actually encroaches across the side yard property line. This addition is illegal and constitutes as hazard, in our opinion, by blocking access in the side yards for fire fighting, as required by the CBC. This stair addition should be removed and a new stairway/entry constructed elsewhere. The rear living unit structure is very non -conforming to Building Codes and it does not appear to be economically viable to bring this structure up to current codes. Further Study Further research using Sanborn and Building Survey Maps could confirm the construction sequence and provide proof of construction dates. There also could be information relating to the use of these structures at the time of mapping. The cost of retaining an Architectural Historian to research this property would probably be about $1,000. Conclusion We feel that the front house and two-story carriage barn are both historically significant. It is apparent that there was only one living unit on-site in 1929 when the City of Tustin was incorporated. There is strong physical evidence that the second and third living units were added much later, post WWII. Recommendations We would recommend that the illegal stairway be removed and that code violations be corrected at the carriage barn ASAP, if the continued use of this space as a second living unit is allowed by the City of Tustin. We would hope that future improvements could include the reversal of some of the inappropriate alterations to the carriage barn to help restore the architectural integrity of this resource. 2821 newport boulevard — newport beach, ca 92663 —949/673-2643 We do not recommend the occupancy for habitation of the substandard, rear addition. If you have any questions regarding the above, please do not hesitate to contact me. Very truly yours, John Loomis Principal 2821 newport boulevard — newport beach, ca 92663 — 949/673-2643