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HomeMy WebLinkAbout02 Continued AppealITEM #2 MEETING DATE: NOVEMBER 9, 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 (CONTINUED FROM OCTOBER 26, 2010) SUMMARY: On September 16, 2010, the City of Tustin recorded a Notice and Order for the property at 520 Pacific Street (Tustin City Code Section 5503). 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. The current property owner of 520 Pacific Street (APN 401-371-07), Bret Fairbanks, has filed an appeal of the Notice and Order. 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 the Board of Appeals in considering Building Code violations and as the appeal hearing body for consideration of the Zoning Code violations that were applied in the Notice and Order. On October 26, 2010, the Planning Commission/Board of Appeals considered the appeal of the Notice and Order at 520 Pacific Street. At the conclusion of the meeting, the Commission/Board continued the item and directed staff to meet with the appellant to discuss possible alternatives. Following the meeting, staff met with the appellant to identify how the structures could be constructed and occupied in a safe and conforming manner. These correction measures however were not acceptable to the appellant. Appeal 520 Pacific Street November 9, 2010 Page 2 RECOMMENDATION City staff is recommending 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) affirm the Notice and Order for the property at 520 Pacific Street. BACKGROUND AND DISCUSSION On September 16, 2010, staff issued a Notice and Order at 520 Pacific Street based upon significant substandard building conditions which violate the City's Building Codes. On September 23, 2010, the current property owner, Mr. Bret Fairbanks, filed an appeal of the Notice and Order. On October 26, 2010, the Planning Commission considered an appeal of the Notice and Order in their role as Board of Appeals and the appeal hearing body. A memo was provided to the Planning Commission to clarify the Commission's roles as the Board of Appeals and the appeal hearing body in considering the appeal of the Building and Zoning Code respectively. The memo outlined the limited scope of what may be considered with this appeal. At the October 26, 2010, meeting Mr. Fairbanks submitted a letter related to the appeal and included the following general questions/comments/concerns: • When does the City recognize the units were built? • How the City determines if a structure can remain if it has no permits • If the City would consider a structure legal if it is deemed historical on the survey and has no permits. • Both units on the property existed at the time of the adoption of the Zoning Code and should be considered non -conforming structures After testimony by Mr. Fairbanks and the public, the Planning Commission/Board of Appeals continued the matter to provide staff an opportunity to meet with the appellant and provide additional information. This report discusses the following topical items. The prior Planning Commission report is also included as Attachment D for detailed and comprehensive analysis of the appeal. A. A brief description of the composition and purpose of the Board of Appeals and of the Planning Commission as the appeal hearing body; B. Building Code and Zoning Code Violations C. How the City determines if a structure can remain if it has no permits D. Densification of Old Town Appeal 520 Pacific Street November 9, 2010 Page 3 Composition and Purpose of the Board of Appeals and the Planning Commission as the Appeal Hearing Body Board of Appeals The Board of Appeals may consider evidence that is relevant to whether the true intent of the City of Tustin's adopted California Building Code or the rules adopted there under have been: • Incorrectly interpreted or • If the provision of such code does not fully apply. However, the Board of Appeals shall not have authority to: • Interpret the administrative provisions of the Tustin Building Code; nor to • Waive requirements of the Tustin Building Code. After consideration of the appeal and the evidence provided, the Board of Appeals shall make a determination and issue an order either: A. Affirming, B. Reversing, or C. Modifying the Notice and Order. The Building Codes are legal instruments governing the construction, use, and maintenance of buildings and structures. These codes contain certain provisions which allow some discretion but other requirements of the code must be followed to the letter. Granting relief from code requirements would constitute an exception, which is not within the scope of authority of the Board of Appeals. For this appeal, the Board should consider, based on evidence, whether a violation of Building Code section Al 05.1 exists at the subject property or whether the code section was either incorrectly interpreted or that the provision of the code does not fully apply: 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. Appeal 520 Pacific Street November 9, 2010 Page 4 Appeal Hearing Body The Planning Commission, as the appeal hearing body, may consider evidence provided by staff, then, issue an order either: A. Affirming or B. Reversing, or C. Modifying the Notice and Order There is some flexibility in interpretation of the Zoning Code, however, many provisions must be followed precisely and do not allow flexibility unless specific findings can be made for a variance. For this appeal, the Planning Commission is considering, based on evidence that a violation of the following Zoning Code sections exist at the subject property: 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. In its deliberations, the Planning Commission/Board of Appeals should make "findings," which are based on the evidence presented and the sworn testimony given, that support affirmation, reversal, or modification of the appeal. Building Code and Zoning Code Violations At the previous meeting, staff was directed to do additional research on the property and to meet with Mr. Fairbanks to discuss possible alternatives to resolve the current substandard conditions at the subject property. The following section describes building and zoning code violations existing on the property. Building Code Violations During the deliberations at the public hearing, there were questions as to whether the code compliance issues noted in Exhibit A, Table 1 of the staff report provided on October 26, 2010, were applicable when the structures were constructed. Staff has provided an updated version of Table 1 (Attachment A) evidencing code violations that were present at 520 Pacific Street at the time of the on-site assessment by City staff on September 10, 2010 (as a result of Mr. Fairbanks preliminary submittal) with applicable UBC codes. In addition, the following provides timeline and code compliance issues using historical and current building codes where applicable. Appeal 520 Pacific Street November 9, 2010 Page 5 Timeline Pursuant to the City Historical Survey Report, the main house was built in 1929 and that a Completion Notice was issued in that same year. At the October 26, 2010, meeting Mr. Fairbanks included a letter dated October 25, 2010 from Mr. Robert S. Gaylord, previous owner of the property, which indicated that his father built the house, garage, and the apartment above the garage and provided timeline of when the structures were built. In summary, the following are timelines based upon the historical survey report and letter from Mr. Gaylord: • The main house (original construction) was built in 1929 • The unit above the garage was built roughly between 1938 and 1942. • The unit behind the garage was built roughly between 1945 and 1950 Mr. Fairbanks indicated in his testimony and his letter to the Planning Commission that the two units existed on the property for over 60 years and that the California Historical Building Code should be applicable to these structures. In response, use of the 2007 California Historic Building Code (CNBC) provides some leniency for existing qualified historical buildings. The intent of the code is to protect the public health and safety and also retain enough flexibility to allow restoration of a historic feature while still retaining its historic integrity. Through the permitting and entitlement process, of which the Notice and Order directs the owner to complete, the CHBC may be utilized to ensure that any historical structures on the subject site are in compliance with the code requirements of the time it was built. However, in order to use the CHBC, the structure under consideration must be qualified by being designated as an historical building or structure. Based on the Notice of Completion for 520 Pacific Street and the City of Tustin Historical Survey, the main dwelling house and garage are the historic structures on the site. "It is the intent of the CHBC to allow non -historical expansion or addition to a qualified historical building or property, provided non -historical additions shall conform to the requirements of the regular code (CHBC Sec. 8-102.1.1)". Therefore, only those qualified structures would be afforded the historic leniency and all other additions, alterations, and/or repairs would be subject to current code requirements. Given the applicability of the CHBC, staff took a step further analyzing the substandard conditions using the timeline provided by Mr. Gaylord. The following are the City's building code timeline which applied at the time the structures were built. • The 1927 Uniform Building Code (UBC): in effect from June 3, 1929 until July 7, 1942, when the City of Tustin adopted the 1940 Uniform Building Code. • The 1946 UBC updated in 1947 0 1949 UBC updated in 1949 Appeal 520 Pacific Street November 9, 2010 Page 6 • Current 2007 California Building Code (note: codes area typically updated every three to five years). In summary the following timeline could be used when comparing the time when each structure was built and the applicable Uniform Building Codes: • Unit above the Garage — UBC 1927 • Unit behind the Garage — UBC 1946 and 1949 Original Construction (General) Following the Planning Commission meeting, staff was provided with a copy of the original Notice of Completion which was issued to the original owners, George and Alice Gaylord, on January 7, 1929 (Attachment B). The Notice of Completion noted that the buildings constructed included "A dwelling house and garage" (see page 4 of Attachment B). This indicates that the only habitable building on the site was the "dwelling house" and that the garage was ancillary to the main house. Some other violations include, but not limited to, the following: Issues: • The use of the property as a triplex (with 3 units) changes the building occupancy from R3 (single family residential) to R1 (multiple family) • It could not be determined if footing/foundations exist to provide adequate structural bracing and support to the structures • No fire separation walls between units; therefore not in compliance with one hour separation requirements which poses a potential fire hazard to occupants • Pursuant to the zoning code; the property does not have sufficient lot size to accommodate a second or third unit (Requires min. 12,000 sq. ft. lot; however this lot is 10,000 sq. ft) • Guest unit (no kitchen facilities) requires CUP. Appeal 520 Pacific Street November 9, 2010 Page 7 • This number of units 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. Code Violations: • 1927 UBC Sec. 201 Application for Permit; California Fire Code Section 102.3 Change of use or occupancy; California Fire Code Section 102 Unsafe Building or Structures • 1927 UBC Sec. 201 Application for Permit • 1927 UBC Sec. 2204 Foundations required California Fire Code Section 102 Unsafe Building or Structures • 1927 UBC Sec. 503 Mixed Occupancy • TCC 8100 Adoption of 2007 California Building Code A105.1 — Permits Required • 2007 California Building Code Table 503; California Fire Code Section 110.1 Unsafe Conditions • TCC 9223a7(b)- minimum building site for second residential unit is 12,000 square feet • TCC 9223b2 Accessory buildings used as guest rooms, providing no cooking facility is installed or maintained, subject to Conditional Use Permit Garage and Unit above the Garage As noted, there are several substandard conditions that exist on the unit above the garage. These substandard conditions are not only in violation of UBC 1927, but also the subsequent building codes adopted by the City. Exhibit A provides detailed information for each of the code violation; however, the following provides general examples of the issues and violations. Issues: • The second story wall construction and windows adjacent to the property line do not comply with fire protection requirements. • The opening is not permitted as shown • Exterior wall is not fire rated; • Primary (and only) stairway restricts ingress egress in case of fire or other emergency. • The staircase is built over the property line • A guest unit requires a 5 foot setback to property line (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. Appeal 520 Pacific Street November 9, 2010 Page 8 Code Violations: • 1927 UBC Sec. 1403 Openings and Walls and 2007 CBC Section 1024.3 Exit discharge location • 1927 UBC Sec. 1403 Openings and Walls and TCC 9223b2(e) requires 5 ft. setback to property line • 1927 UBC Sec. 3206 Roof Drainage, 2007 CBC Section 1101.1 all roofs shall be drained into a separate storm sewer system, and 2007 CBC Section J109.4 — Drainage across property line • 1927 UBC Sec. 1403 Openings and Walls and Section 1403 of TCC 8100 Adoption of 2007 California Building Code Issues: • Railing has no intermediary posts and the run and rise are not compliant with Building Code requirements nor is the unprotected back which is open. This poses a potential falling hazard for small children. • Note: Given that the structure at this location is constructed over the property line a person that may fall through, would fall onto the adjacent property. Code Violations: • 1927 UBC Sec. 201 Application for Permit • 1927 UBC 3305 Railings • TCC 8100 Adoption of 2007 California Building Code Al 05.1 — Permits required • TCC 8100 Adoption of 2007 California Building Code 1012 Handrails — handrails required for stairways • TCC 8100 Adoption of 2007 California Building Code 1013 Guards Appeal 520 Pacific Street November 9, 2010 Page 9 Issues: • Furnace installed without required permits and does not meet clearance requirements and creates a potential fire hazard. • Exposed electrical next to unpermitted furnace which causes potential fire hazard. Code Violations: • 1927 UBC, Electrical Code, and Plumbing Code • 1927 UBC Sec. 3707 Warm Air Furnaces • 1927 UBC Sec. 3714 Other Sources of Heat TGC 8100 Adoption of 2007 California Building Code A105.1 —Permits required • 1927 UBC, Electrical Code, and Plumbing Code • TCC 8100 Adoption of 2007 California Building Code A105.1 —Permits required Issues: • Shower added on to original structure. This requires a building permit to add additional square footage (pop -out) and permits for plumbing, and waterproofing. Code Violations: • 1927 UBC Sec. 201 Application for Permit Appeal 520 Pacific Street November 9, 2010 Page 10 • 1927 UBC, Electrical Code, and Plumbing Code TCC 8100 Adoption of 2007 California Building Code A105.1 —Permits required) Issues: • Kitchen cooking facilities not permitted in guest unit. • Plumbing and electrical installed without permits. Permits are required to insure that 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. Code Violations: • 1927 UBC, Electrical Code, and Plumbing Code • TCC 9223b2 No cooking facilities permitted in guest unit • TCC 8100 Adoption of 2007 California Building Code A105.1 —Permits required Issues: • No rating separation between walls of garage and living units; thus exposing tenants above and next to the garage to fire hazard originating in the garage. • Electrical wiring: • Romex cannot be exposed or unprotected and must be attached/secured. (Romex was first used in the 1950's. Color coding (yellow) wasn't available until 2001) Appeal 520 Pacific Street November 9, 2010 Page 11 Code Violations: • 1927 UBC Sec. 1403 Openings and Walls 2007 CBC Table 406.1.4 Fire - Resistance Rating Requirements for Exterior Walls Based on Fire Separation Distance • 1927 UBC, Electrical Code, and Plumbing Code • 1927 UBC Sec. 201 Application for Permit • 1927 UBC, Electrical Code, and Plumbing Code • 2007 CEC Article 334.15 Exposed Work and Article 330.30 Securing and Supporting Unit behind the Garage There are several substandard conditions exist on the unit behind the garage. These substandard conditions are not only in violation of UBC 1927, but also the subsequent building codes adopted by the City. Issues: • Unit does not meet fire rating requirement; • 5 foot setback required to property line to protect occupants from fire hazards; or • Safety personnel responding to an emergency. Code Violations: • 1927 UBC Sec. 1403 Openings and Walls 2007 CBC Table 602 Fire - Resistance Rating Requirements for Exterior Walls Based on Fire Separation Distance (1927 UBC Section 1403, less than 3 feet) • TCC 9223b2 minimum side yard setback 5 feet Appeal 520 Pacific Street November 9, 2010 Page 12 Issues: • Ceiling heights vary and do not meet the 7'6" height requirement Code Violations: 1927 UBC Sec. 201 Application for Permit • 2007 CBC Section 1208.2 Ceiling height minimum Issues: • Heater installed with a gas line without permits. • It is installed on a combustible wood sided wall which poses a potential fire hazard due to the combustible material • Unsecured and exposed gas line on the interior which poses a potential gas leak and fire hazard within the rear unit Appeal 520 Pacific Street November 9, 2010 Page 13 Code Violations: • 1927 UBC Sec. 201 Application for Permit • 1927 UBC, Electrical Code, and Plumbing Code • TCC 8100 Adoption of 2007 California Building Code All 05.1 — Permits required • Subject to manufacture's installation standards and mechanical/plumbing permit • 1927 UBC Sec. 201 Application for Permit 2007 CMC Section 1311,2.6 Hangers, Supports, and Anchors and 1311.7 Outlets Issue: • Insulation (appears to be straw bale) has high flame spread rating Code Violations: • 1927 UBC Sec. 1403 Openings and Walls 2007 CBC Section 719.2 concealed installation. Insulating material shall have a flame spread index rating of not more than 25 and smoke development index of 450 or less Issues: • Improper and substandard electrical wiring without permit • Power strip next to kitchen sink where a range might have been previously • Plumbing added without permit • Kitchen is not permitted (per zoning) • (i.e. plumbing, electrical, etc.) Code Violations: • 1927 UBC Sec. 201 Application for Permit 1927 UBC, Electrical Code, and Plumbing Code Appeal 520 Pacific Street November 9, 2010 Page 14 • 1927 UBC Sec. 3710 stoves • 2007 CFC Section 605.5 Extension Cords • 1927 UBC Sec. 201 Application for Permit • TCC 8100 Adoption of 2007 California Building Code A105.1 — Permits required) TCC 9223b2 No cooking facilities permitted in guest unit Other Structures (Recreation Room) Issues: • The room is considered "habitable space' and appears to not provide sufficient, ventilation, heat and light • Ceiling height is too low and should be a minimum 7'6" Code Violations: • 1927 UBC Sec. 201 Application for Permit • 1927 UBC Sec. 1405 Light, Ventilation and Sanitation • Habitable space as defined by CBC is a space in a building for living, sleeping, eating or cooking. Therefore, it requires sufficient light, ventilation, heat, etc • 2007 CBC Section 1208.2 minimum 7'6" Conclusion to Building Violations As shown in above and Table 1 of Attachment A, there are several code compliance issues that met neither the 1927 Uniform Building Code (UBC) nor the current 2007 California Building Code (CBC). There were several additions, alterations, and/or repairs that have been done to the structures at the property subsequent to the construction of the original buildings without benefit of permit. Several of the code compliance issues that were in violation of the 1927 Uniform Building Code similarly violate the 1927 UBC, and the 2007 California Building Code, as utilized today. Appeal 520 Pacific Street November 9, 2010 Page 15 Essentially, the same or similar code provisions were in effect since the time of construction of the original home in 1929. Zoning Code Violations The City incorporated in 1927 and the adoption of the first Zoning Ordinance by the City of Tustin was on April 7, 1947 (Ordinance No. 71). The ordinance provided comprehensive zoning for the City at that time. It established zoning regulations for the "R-1 One Family District" that allowed a guest unit for "temporary guests" of the occupants; however, no kitchen was allowed subject to site limitations (i.e. minimum 8,000 square foot lot). On November 6, 1961, Ordinance No. 157 provided a new Zoning Code which permitted a guest house with no cooking facilities and was subject to a Conditional Use Permit (CUP). Second residential units were first established in the Tustin Zoning Code at that time and set forth standards to which a second unit was subject, including a minimum lot size of 12,000 square feet and one additional parking space (in addition to one for the main house). The site standards have remained much the same with the exception of the 2002 State Law which required second units to be reviewed ministerially and not be subject to a CUP. Although the garage was indicated on the original Notice of Completion at the site, the use of the second story as a residential unit with a kitchen was not permitted and the subject site has never met the minimum lot size required to accommodate a second unit. There are no permits on file for use of the structure as a livable unit. In the R-1 Single Family District, guest houses or guest units were historically intended for "temporary guests" and the use is accessory to and in conjunction with the main house; not as two commercial apartment units. How the City determines if a structure can remain if it has no permits In Mr. Fairbanks letter to the Planning Commission submitted at the October 26, hearing, the appellant indicated that there are several properties in Old Town that do not have permits on file with the City (Attachment C, page 2). Mr. Fairbanks also questioned if the City would consider a structure legal if it is deemed historical on the survey and has no permits. City records indicate that, in 1959, several "old permits and job records" on file with the County were destroyed by resolution order. It is not uncommon that permits are either unable to be located or have been destroyed; however, all buildings and structures built in the City of Tustin would have been subject to obtaining permits which would have ensured compliance with the code requirements of the time. Therefore, even if permits cannot be located, all structures, electrical, mechanical, and plumbing work would have been subject to meeting the minimum code requirements at the time they were added, altered, or repaired. Appeal 520 Pacific Street November 9, 2010 Page 16 The City in the past has encountered properties with similar violations. These properties have been either brought into compliance or currently have pending case files. Non -conforming structures Mr. Fairbanks also noted that both units on the property existed at the time of the adoption of the Zoning Code and therefore should be considered non -conforming structures. A nonconforming structure, as defined in the American Planning Association A Planners Dictionary (April 2004), "is a structure or a portion thereof which was lawfully erected and which has been lawfully maintained," but which "no longer conforms to the regulations and requirements of the zone (district) in which it is located". In the Curtin's California Land Use and Planning Law, a non -conforming use is described as a lawful use existing on the effective date of a new zoning ordinance restriction that has continued since that time without conformance to the ordinance. In order to be considered nonconforming structures, the structures at 520 Pacific Street must have been lawfully erected and maintained. Therefore the structures are not considered nonconforming. Densification of Old Town At the last Planning Commission, several individuals indicated that there are other properties in Old Town that have several units on a property. As indicated in the prior staff report (Attachment D, page 7), the City has considered several proposals to increase the density of properties located in this area of Pacific Street and the broader Old Town area; however, each time the community has been outspoken against any increased density and the City has denied such requests. Additional documentation evidencing such opposition to another property located at 440 Pacific Street has been included for reference (Attachment E). The petition was signed by several neighbors on Pacific Street, including Bret and Stephanie Fairbanks, opposing the proposal for their neighbor to build a guest house. The property owner at 440 Pacific Street went through the Conditional Use Permit process which was approved by the Zoning Administrator. He then obtained all the required permits and ultimately rebuilt the unit to conform to Tustin City Code requirements. Amy Thomas, ICP Senior Planner Appeal 520 Pacific Street November 9, 2010 Page 17 Henry Huang, P.E., C.B.O. Building Official Elizabeth A. Binsack Community Development Director Attachments: D. E. F. G. Code Compliance Issues Table with 1927 Edition Uniform Building Code January 7, 1929, Notice of Completion October 25, 2010, Letter submitted at Fairbanks PC Staff Report and Attachments from 440 Pacific Street opposition petition PC Resolution No. 4161 PC Resolution No. 4162 Planning Commission Meeting from Bret October 26, 2010 S:\Cdd\PCREPORT\2010\PC Agenda Appeal 520 Pacific continued.docx ATTACHMENT A Code Compliance Issues Table with 1927 Edition Uniform Building Code EXHIBIT A Table 1: Code Compliance Issues Location Code Compliance Code Sections 1927 Edition Uniform Building Code Issue applicable pp (as adopted by City of Tustin June 3,1929] Photos The use of the property 1927 UBC Sec. 201 The 1927 UBC Sec. 201 required that a building permit as a triplex (with 3 Application for Permit be obtained before constructing a structure. This units) changes the California Fire Code requirement is essentially the same requirement (in the building occupancy Section 102.3 Change of 2007 CBC) as it has been since the adoption of the first from R3 (single family use or occupancy, Building Code which was adopted by the City of Tustin residential) to R1 California Fire Code on June 3, 1929. (multiple family) Section 102 Unsafe Specifically, the 1927 UBC states that "No person shall � `- Building or Structures erect or construct any building or structure, nor add to, TCC 8100 Adoption of enlarge, move, improve, alter, convert, extend or 2007 California Building demolish any building or structure, or cause the same to Code At 05.1 —Permits be done, without first obtaining a building permit Required therefore from the Building Inspector." Therefore, building permits were required to be obtained It could not be 1927 UBC Sec. 201 prior to any addition that was constructed. determined if Application for Permit Foundations were required in the 1927 UBC to support footing/foundations exist to provide 1927 UBC Sec. 2204 Foundations required all exterior walls.- The 1927 UBC Sec. 201 further indicates that :Every s" Multiple residential 3 units built after adequate structural California Fire Code such application [for building permit] shall show the use original structures bracing and support to Section 102 Unsafe or occupancy of all parts of the building and such other w/o pemlits the structures Building or Structures reasonable information as may be required by the d Building Inspector." _ The occupancy of the original structures, as indicated in the Notice of Completion issued to George and Alice Gaylord in 1929, incidated that "a dwelling house and garage" were the permitted structures on-site; thereby acknowledging that the only livible structure or dwelling on-site at the time of original construction was the main house and that any other dwelling unit to be constructed I would re uire a building permit. l No fire separation walls 1927 UBC Sec. 503 Since adoption of the 1927 UBC, fire separation - between units; Mixed Occupancy requirements have been required to separate the therefore not in 2007 California Building occupancy of a building such that different portions of compliance with one Code Table 503; the building are placed in different occupancy groups. hour separation California Fire Code The fire separation between the garage and the second requirements which Section 110.1 Unsafe and third livable units on site did not include the poses a potential fire Conditions necessary vertical or horizontal separation as has been hazard to occupants required since the original Building Code. Therefore, the units were not built to code as it was originally adopted or pursuant to current 2007 CBC requirements. 11 Page EXHIBITA Location Code Compliance Code Sections 1927 Edition Uniform Building Code Issue applicable (as adopted by City of Tustin lune 3, 1929) Photos Mechanical, electrical, 1927 UBC, Electrical The City of Tustin adopted the 1927 Building Code, and plumbing (including Code, and Plumbing Electrical Code and Plumbing Code in 1929. Therefore, Bathroom HVAC) installation Code any construction, enlargement, improvement, alteration, in upper work done without TCC 8100 Adoption of conversion extension or demolishion has required a unit wl no permits 2007 California Building permit. There were electrical and plumbing code permits Permits are required to Code Al 05.1 — Permits standards that were required to be consistent with the insure that life safety required code requirements in 1929. Therefore, the installation of protocol is followed and kitchens and bathrooms (including the shower that was installation is done added on to the rear of the upper unit), would have been according to plan. subject to first obtaining permits and inspections to Without such permits ensure compliance with the 1927 UBC, Electrical Code and inspection, and Plumbing Code or any subsequent Code as installation may create adopted by the City. fire hazard, water damage, etc. Pursuant to the zoning TCC 9223a7(b)- The original structures on the site, as indicated in the code; the property does minimum building site for Notice of Completion, did not Include multiple dwelling not have sufficient lot second residential unit is units onsite. The document indicates that only "a + size to accommodate a 12,000 square feet dwelling unit and garage" were originally constructed on a Second and second or third unit TCC 9223b2 Accessory the property. Any subsequent construction of units (Requires min. 12,000 buildings used as guest would have been subject to Zoning Code requirements. third residential sq. ft. lot; however this rooms, providing no In accordance with the City of Tustin's First Zoning units lot is 10,000 sq. ft) cooking facility is Ordinance adopted on April 7,1947, a guest house use Guest unit (no kitchen installed or maintained, intended for "temporary guests" were not permitted to facilities) requires CUP. subject to Conditional include a kitchen and was subject to minimum site _ This number of units Use Permit development standards (e.g. minimum lot size of 8,000 would need to be square feet). - located in an R-2 or R-3 November 6, 1961, adoption of a new Zoning Code district and would required that a guest house use required a CUP and no require a minimum of 7 cooking facilities were permitted. It also established parking stalls to support second unit standards which allowed a kitchen subject the added residential to a CUP and minimum site standards (e.g. minimum use. 12, 000 square foot lot; 1 parking garage space for 2m unit in addition to parking requirements of main dwelling; etc.) Plumbing and electrical fixtures installed in the second unit, third unit, and garage, appear to have been installed within the last decade and therefore would have been subject to permits. No permits are on file and no CUP has been obtained for use of the units as guest unit or second unit use. 2 1 P a g e EXHIBIT A Location Code Compliance Code Sections 1927 Edition Uniform Building Code Issue applicable (as adopted by City of Tustin June 3, 1929) Photos The second story wall 1927 UBC Sec. 1403 Since adoption of the 1927 Uniform Building Code, the construction and Openings and Walls City of Tustin has required that "all exterior walls.. . windows adjacent to the Section 1403 of TCC shall have no openings therein and shall be of not less property line do not 8100 Adoption of 2007 than one-hour fire -resistive construction". "All openings comply with fire California Building Code in exterior walls, except on street fronts, which are less protection than four(4) feet from adjacent property lines shall be Insufficient requirements. protected by metal -clad doors and wire glass windows setback to The opening is not with metal covered sash and frame". permitted as shown; The stairway to the second unit was constructed over PL exterior wall is not fire the property line of the neighboring property. The rear rated; primary (and unit was constructed with a different siding (which only) stairway restricts indicates it was built after the original structures) and is ingress egress in case not consistent with the 1927 UBC which requires, and a of fire or other has since required to current date, that exterior walls 2 emergency. within no less than a four foot setback have no openings and have one-hour fire resistive construction. Therefore, This creates an additional concern since there are the stairway and rear unit would not have been unprotected openings either too close and/or over a permitted as built whether it was constructed in 1929 or the property line creatin a fire hazard m resent day. Fumace installed 1927 UBC, Electrical Since adoption of the 1927 UBC, warm air furnaces without required permits Code, and Plumbing required a permit and were subject to specific code c does not meet Code requirements to ensure safety, of the occupants. The clearance requirements 1927 UBC Sec. 3707 1927 UBC required to "rest on masonry or concrete v and creates a potential Warm AirFumaces floors". As shown in the photo at right, the warm air 0 fire hazard. 1927 UBC Sec. 3714 furnace installed in the upper unit was installed on a y Other Sources of Heat wood floor which was not in compliance with the 1927 TCC 8100 Adoption of UBC nor is it in compliance with the 2007 CBC. - 2007 California Building I Code Al05.1— Permits I ' �I required Exposed electrical next 1927 UBC, Electrical The City of Tustin adopted the 1927 Uniform Building to unpermitted furnace Code, and Plumbing Code and Electrical Code in 1929. Therefore, which causes potential Code installation of electrical has required a permit since fire hazard. TCC 8100 Adoption of 1927. The electrical shown in the photo appears to be 2007 Califomia Building one that was in production within the last decade, Code A105.1— Permits therefore it was not installed consistent with any Electrical device required electrical code requirements from 1929 to present. No next to heater permits are on file and the current installation causes a otential fire hazard to occupants. 31 Page EXHIBIT A Location Code Compliance Issue Code Sections applicable 1927 Edition Uniform Building Code (as adopted by City of Tustin June 3, 1929) Photos Kitchen cooking 1927 UBC, Electrical Since adoption of the City of Tustin's First Zoning facilities not permitted Code, and Plumbing Ordinance adopted on April 7, 1947, a guest house use in guest unit. Code intended for 'temporary guests" were not permitted to Kitchen in Plumbing and electrical TCC 9223b2 No include a kitchen and was subject to minimum site upper unit installed without cooking facilities development standards (e.g. minimum lot size of 8,000 permits. Permits are permitted in guest unit square feet). The adoption of the Zoning Code on required to insure that TCC 8100 Adoption of November 6, 1961, required that a guest house use m life safety protocol is 2007 California Building required a CUP and no cooking facilities were permitted. — followed and installation Code Al 05.1 – Permits The kitchen appliances, including range and refrigerator, _ is done according to required sink and cabinetry produced more recently than 1929, plan. Without such 1933 or 1947. This indicates that the kitchen has been permits and inspection, added, enlarged, moved, improved, altered, converted, installation may create or extended at one or more times since 1929 when the fire hazard, water original structures were built. Therefore, the kitchen was damage, etc. added without benefit of the necessary building, – electrical, plumbing permits. Furthermore, kitchen and/or 4 cooking facilities have never been permitted in a guest unit by Zoning Code. There are no permits and the kitchen would not be permitted based on the site restrictions (i.e. min. lot size of 12,000 sq ft for second unit). Shower added on to 1927 UBC Sec. 201 The City of Tustin adopted the 1927 Building Code, m original structure. This Application for Permit Electrical Code and Plumbing Code in 1929. Therefore, T`! o requires a building 1927 UBC, Electrical any construction, enlargement, improvement, alteration, r a w permit to add additional Code, and Plumbing conversion extension or demolision has required a a square footage (pop- Code permit. There were electrical and plumbing code i0k 0 out) and permits for TCC 8100 Adoption of standards that were required to consistent with the code Z2 plumbing, and 2007 California Building requirements in 1929. Therefore, the installation of the N waterproofing. Code All 05.1 – Permits bathrooms (including the shower that was added on to .0 required) the rear of the upper unit), would have been subject to r 0 first obtaining permits and inspections to ensure d compliance with the 1927 UBC, Electrical Code and Shower added w/o F co Plumbing Code or any subsequent Code as adopted by permits the City. 41 Page EXHIBIT A Code Compliance Issue Railing has no intermediary posts and the run and rise are not compliant with Building Code requirements nor is the unprotected back which is open. This poses a potential falling hazard for small children. I here is no property line firewall separation between staircase and the property line. The staircase is built over the property line A guest unit requires a 5 foot setback to property line (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 Roof drains onto neighboring property which may cause flooding. 51 Page Code Sections applicable 1927 UBC Sec. 201 Application for Permit 1927 UBC 3305 Railings TCC 8100 Adoption of 2007 California Building Code Al 05.1 —Permits required TCC 8100 Adoption of 2007 California Building Code 1012 Handrails— handrails required for stairways TCC 8100 Adoption of 2007 California Building Code 1013 Guards Openings and Walls 2007 CBC Section 1024.3 Exit discharge location Openings and Walls TCC 9223b2(e) requires 5 ft. setback to property line 1927 UBC Sec. 3206 Roof Drainage 2007 CBC Section 1101.1 all roofs shall be drained into a separate storm sewer system 2007 CBC Section J109.4 — Drainage across property line 1927 Edition Uniform Building Code adopted by City of Tustin June 3, 19 Since adoption of the 1927 UBC Sec. 3305, the City has required that stairways provide walls or well secured balustrades or guards on each side and handrails placed on at least one side of every stairway. The stairway built to the second unit over the garage was not built consistent with requirements in 1927 to present. Over time, the Building Code requirements have increased the requirements on stairways to ensure safety of those utilizing the stairs. Current code requirements do not allow the unprotected back, as shown in the picture to the right, due to failing hazard. Note: Given that the structure at this location is constructed over the property line a person that may fall through, would fall onto the adjacent property. City of Tustin has required minimum one-hour fire wall separation and minimum setbacks for livable dwelling units to a property line. The stairway to the second unit was constructed over the property line of the neighboring property which indicates it was built after the original structures and is not consistent with the 1927 UBC which requires, and has since required to current date, that exterior walls within no less than a four foot setback have no openings and have one-hour fire resistive construction. Therefore, the stairway would not have been permitted as built whether it was constructed in 1929 or present day. The 1927 UBC requires that roofs of all buildings do not drain onto neighboring properly. As shown in the photos at 520 Pacific Street, the stairway has been built over the property line and the roof drains onto the neighboring property. Current code requirements still limit drainage across a property line. Window at PL requires 5ft setback Built over PL Photos No inner posts EXHIBIT A 61 Page Code Compliance Code Sections 1927 Edition Uniform Building Code Location Issue applicable (as adopted by City of Tustin June 3, 1929) Photos Structural supports do 1927 UBC Sec. 201 Since adoption of the 1927 UBC all wood structural - not provide sufficient Application for Permit members were required to be of sufficient size and supporting rafters Roof 1927 UBC 2502 strength to carry their imposed loads safely. The floor Inadequate members are Structural members joist appears to be supported along block fence rather _ — undersized to provide 2007 CBC Section than cantilevered from the two story structure. This does structural adequate support 1604.1, 2301.2 General not provide adequate support to the structure and may supports Design Requirements compromise the garage and main house to which is it attached. Carport The carport is attached 1927 UBC Sec. 201 The structure appears to have been constructed after the to both the main house Application for Permit 1929 original dwelling and garage. From 1929 until and the 2 -story garage 1927 UBC 2502 present, permits have been required to construct the attached to and attached rear units; Structural members carport and calculations would have been necessary to main house making this a tri-plex Change in occupancy determine the required size of timber members for J _ -- and garage unit pursuant to building constitutes a multitude of sufficient structural support._ code fire rating. These CBC and Fire Code deficiencies create violations: 1 I ■ access hazards for fire California Fire Code access and may pose Section 102.3 Change ofIt c additional hazards to use or occupancy, a occupants since the California Fire Code V occupancy changes Section 102 Unsafe with a tri-plex (common Building or Structures terminology). Unsupported electrical 1927 UBC Sec. 201 The City of Tustin adopted the 1927 Uniform Building metal conduit (EMT) Application for Permit Code and Electrical Code in 1929. The installation of between garage and house. The potential for 1927 UBC, Electrical Code, and Plumbing the unsupport EMT appears to have been installed within the past decade and no permits were obtained. Unsupported line over carport damage and failure due Code Therefore, installation of electrical has required a to the exposure of the TCC 8100 Adoption of permit since 1927. Therefore it was not installed line is increased and 2007 California Building consistent with any electrical code requirements from poses a potential fire Code Al05.1— Permits 1929 to present. The current installation may cause a hazard. required potential fire hazard to occupants. 61 Page EXHIBIT A 7 1 P a g e Code Compliance Code Sections 1927 Edition Uniform Building Code Location Issue applicable (as adopted by City of Tustin June 3, 1929) Photos No rating separation 1927 UBC Sec. 1403 Since adoption of the 1927 UBC, fire separation between walls of garage Openings and Walls requirements have been required to separate the and living units; thus 2007 CBC Table 406.1.4 occupancy of a building such that different portions of the Romex wiring is exposing tenants above Fire -Resistance Rating building are placed in different occupancy groups. The unprotected and exposed and next to the garage to fire hazard originating Requirements for Exterior Walls Based on Fire fire separation between the garage and the second story in the garage. Separation Distance and rear units on site did not include the necessary vertical or horizontal separation as has been required since the original Building Code adoption in 1929. f Therefore, the units were not built or converted to livable units pursuant to code requirements as it was originally adopted nor pursuant to current 2007 CBC requirements. t7 New junction box without Electrical wiring: 1927 UBC, Electrical The installation of the Romex appears to have been Romex cannot be Code, and Plumbing installed after 2001 and no permits were obtained. permits exposed or unprotected Code Permits have been required for electrical since adoptionand must be 1927 UBC Sec. 201 of the 1927 UBC and Electrical Code adopted in 1929. y attached/secured. Application for Permit Therefore it was not installed consistent with any (Romex was first used 1927 UBC, Electrical electrical code requirements from 1929 to present. in the 1950's. Color Code, and Plumbing Furthermore, the current installation may cause a coding (yellow) wasn't Code potential fire hazard to occupants who live above the available until 2001) 2007 CEC Article 334.15 garage and to the rear of the garage. Exposed Work and Article 330.30 Securing and Supporting Unit does not meet fire 1927 UBC Sec. 1403 Since adoption of the 1927 Uniform Building Code, the rating requirement; 5 Openings and Walls City of Tustin has required that "ail exterior walls... shall foot setback required to 2007 CBC Table 602 have no openings therein and shall be of not less than "All property line to protect Fire -Resistance Rating one-hour fire -resistive construction". openings in 1._ 11 occupants from fire Requirements for Exterior exterior walls, except on street fronts, which are less than hazards; or safety Walls Based on Fire four(4) feet from adjacent property lines shall be personnel responding to Separation Distance protected by metal -clad doors and wire glass windows m an emergency. (1927 UBC Section 1403, with metal covered sash and frame". c less than 3 feet) The rear unit was constructed with a different siding v TCC 9223b2 minimum (which indicates it was built after the original structures) side yard setback 5 feet and is not consistent with the 1927 UBC which requires that exterior walls within no less than a four foot setback m have no openings and have one-hour fire resistive construction. Current 2007 CBC requiment s include Min. 5 it setback and fire -wall separation requirements. Therefore, setback the rear unit would not have been permitted as built required whether it was constructed in 1929 or present day. (zero - 4 ft provided) 7 1 P a g e EXHIBIT A Location Code Compliance Issue Code Sections applicable 1927 Edition Uniform Building Code (as adopted by City of Tustin June 3, 1929) Photos Heater installed with a 1927 UBC Sec. 201 Since adoption of the 1927 UBC, warm air furnaces gas line without permits Application for Permit required a permit and were subject to specific code It is installed on a 1927 UBC, Electrical requirements to ensure safety of the occupants. combustible wood sided Code, and Plumbing Separation from flamable surfaces have been required wall which poses a Code since the original Building Code. As shown in the photo Heater potential fire hazard due TCC 8100 Adoption of at right, a newer heating unit has been installed directly installed to the combustible 2007 Califomia Building onto wooden siding. No permits were obtained. W/o material Code Al 05.1 —Permits permit required Subject to manufacture's installation standards and mechanical/plumbing permit Ceiling heights vary and 1927 UBC Sec. 201 The rear unit appears to have been added onto over do not meet the 7'6" Application for Permit time. Evidence as such include the lower ceiling heights height requirement 2007 CBC Section where the middle addition and rear addition come 1208.2 Ceiling height together at the interior of the unit. The 1927 UBC states minimum that "No person shall erect or construct any building or structure, nor add to, enlarge, move, improve, alter, convert, extend or demolish any building or structure, or cause the same to be done, without first obtaining a building permit therefore from the Building Inspector." Ceiling Therefore, building permits were required to be obtained height does prior to any addition that was constructed. not meet min. 7'6° 8 1 P a g e EXHIBIT A 91 Page Code Compliance Code Sections 1927 Edition Uniform Building Code Location Issue applicable (as adopted by City of Tustin June 3, 1929) Photos Improper and 1927 UBC Sec. 201 The kitchen installed in the rear unit appeared to have substandard electrical Application for Permit previously had a range located to the left of the sink. wiring without permit - 1927 UBC, Electrical According to the 1927 UBC Sec. 3710, stoves uses for Power strip next to Code, and Plumbing heating were not to be located closer than 12 inches to kitchen sink where a Code combustible partitions. However, it appears that the stove range might have been 1927 UBC Sec. 3710 would have been place against the wooden siding shown previously stoves in the photo at right. The electrical strip would have been Plumbing added without 2007 CFC Section 605.5 inches from the open flame. Furthermore, the stove _ permit Extension Cords would have blocked the exiting door which is at the far left side of the photo. Kitchen is not permitted 1927 UBC Sec. 201 (per zoning) Application for Permit (Le. plumbing, electrical, TCC 8100 Adoption of etc.) 2007 California Building o Code At 05.1 — Permits 6 required) TCC 9223b2 No cooking n facilities permitted in ,^ guest unit Unsecured and exposed 1927 UBC Sec. 201 The City of Tustin adopted the 1927 Uniform Building gas line on the interior Application for Permit Code and Plumbing Code in 1929. The installation of the which poses a potential 2007 CMC Section unsupport gas line appears to have been installed gas leak and fire hazard 1311.2.6 Hangers, subsequent to the original structures and no permits within the rear unit Supports, and Anchors were obtained. Therefore of unsecured gas line was not and 1311.7 Outlets installed consistent with code requirements from 1929 to present. Further more, the current installation may cause a potential hazard to occupants. Exposed and unsecured gas line inside unit 91 Page EXHIBIT A Building Code observations are based on a 30 minute cursory and visual observation of a site visit on September 10, 2010 SACdAfty\Code Enforcement\520. Pacific\CodeCompliance issues Ezhibft A.doc102610 101 Page Code Compliance Code Sections 1927 Edition Uniform Building Code Location Issue applicable (as adopted by City of Tustin June 3, 1929) Photos Insulation (appears to 1927 UBC Sec. 1403 Since adoption of the 1927 UBC, fire separation be straw bale) has high Openings and Walls requirements have been required to separate the flame spread rating 2007 CBC Section 719.2 occupancy of a building such that different portions of the concealed installation. building are placed in different occupancy groups. The Insulating material shall fire separation between the garage and the rear unit have a flame spread appears to consist of combustible hay material which is index rating of not more not consistent with the fire -wall separation requirements than 25 and smoke which has been required since the original Building Code m development index of adoption in 1929. Therefore, the units were not built or ,q 450 or less converted to livable units pursuant to code p requirements > as it was originally adopted nor pursuant to current 2007 mCBC requirements. Combustible material installed between walls 2010 9 10 The room is considered 1927 UBC Sec. 201 Since adoption of the 1927 UBC, all portions of building "habitable space' and Application for Permit used for eating, living and/or sleeping purposes must appears to not provide 1927 UBC Sec. 1405 provide sufficient light and ventilation. The recreation sufficient, ventilation, Light, Ventilation and room was not built with permits and requires inspections a heat and light Sanitation to ensure that it meets Code requirements. u Habitable space as m defined by CBC is a -; space in a building for E living; sleeping, eating or cooking. Therefore, it 9 requires sufficient light, > c 0 ventilation, heat, etc 2 Ceiling height is too low 2007 CBC Section w and should be a 1208.2 minimum 7'6" - - minimum 7'6" 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 SACdAfty\Code Enforcement\520. Pacific\CodeCompliance issues Ezhibft A.doc102610 101 Page ATTACHMENT B January 7, 1929, Notice of Completion Recorded at rearrest of frantaa for -3, Me at 30 Yin. peat 6 A.Y.. In gook 2161 FMV y1' 61. Official Records of Orange Oouuty. Jpstlne Whitney. County Reaardar. Ruby OmmorOnl Adele Luis COMPARED Else Opallffa ;. 35054 OORPORATIOS ORAWT USED. SANT or ITALY NATIONAL TRUOT AND SAVINOW ASSOOIATICNs a national banking &.aOOtatietml In omolderatlon of Ten " 00/100 Dollars, to 1% In hand p.1d, the recelpt of wbiah 1s hereby .okaowladged, doe. hereby grant to GEOROE GAYLORD and ALICE R. 0ATLORO, husband and wife, u Joint Loamt.. With right of .UrVATerohlp, all that real property situated 1. the County of _• Orange, State of Oallfornla, deeorined an follow.; ' That portion of Lot OWN of the Stafford A Tuetln Treat, a6 .ham on a Yap roaoxlMYn Boot 2, page 616 of Yisoallmews Records of Loa Angeles OenntY. Calllurala, described u beginning at a point on the West It.. of maid Lot, 410 fast South .f the WOrthwast corner of said Lot; running thence South &long the West lino of Raid Lot 50 feet; theme Cast parallel to the North time of said Lot, 200 feet; thence North parallel to the West line pf said Let, 50 feet; theme. West parallel to the North line of said Lot, 200 feet to the point of beglmiim As an appurtenance to the above described property a right of way, for Ingress and agrees and for ga. and Waterpipe line. and for electric light poles end wires over the follow- ing deeOrlbed portion of Lot OV' of Stafford d Tustin Tract, as sham on a Yap re.ordsd in Book 2. paFa 616 of YS BCe11.eDe... Ra..rem of LOB Angelae CountY, Oolifornla, dem4Tlbad ae begluning at a point on the North line of said Lot BY', 196.56 feet West of the Northeast corner of said Let, running thence Southerly parnllel to the West line of said Lot, 666.97 foot to a paint on the South line of amid Lot, whI ah point Se 200.61 feet Welt of the gouth- meet cornerof said Lot; thence Went along the South line of said Lot, 60 feet, more or leu, to a point on raid South line, which le 200 feat teat of the 80uthwaat corner of veil Lot; thence Northerly along s line parallel to and 200 feet each of the Neat line of Bald Lot, 667.02 feet, to a polo% on the North lice of spld Lot; the moa teat 60 foot, wore or lase. to IL. paint of beginning. This conrayamae I. Glee upon the following ezpr...od oondltions, let. That me portion of amid property shall be at any time I ... sd to or occupied by a member of any race other then the Caume8lm race, Yerlcme not permitted. ?me. That no etruOtdre shall no oractod upon said property eraapt a dwelling hOUGa for the habitation of hunan beings and the ordinary outbuildings usually ...Gtruoted for use of '6.14 property as a dwelling plea.. 3rd. That no dialling or structure for pee as n dwelling shell Da eraotod whidh shall coat lase than 63000.00. 4tb. That no dwelling or structure shall be ercotedpn said lot, the front part of which 1a nearar the front it.. of said property than twentY feet. All of the foregoing conditions are declared to be eorenenta rearing with the land add the sauna are made fpr the bem fit of the remaining property 1A the sabdivi+ion Of whloh .aid property LB a part, and In the "cut of a violation Of mN Of sold aeronautsOrconditioner then the title to said property shall rarart to the Grantor. With remerwatlon &.roes amid property for water pipe line far Irrigating adjulmlng Taxes. TO NAVE AND TO BOLD to tha amid grmteos, .e Joint tenants with right of .arrimaroblp. IN sITPEaN MAIO?, the BAN[ OF ITALY NATIONAL INGOT 00 SATIM A6Nd6JAlYD�r hereunto "end Ste corporate nem- to be Signed M Its Ho etreGide05 and A ds4AaiP officer, thereunto duly wthbli-bd by resolution of its Board of Directors, this day Of October, 19RN, I BANK OF ITALY NATIONAL TRUST AID SATIHON A$06(A4'�3 By 0. L. Cotant T1oe-Prealdent. Amit R. D. Fedex Assistant treat Offlall r state of California County of Orange, On tale 16th day of October, 1926, before m•. A.E. HadaFlie a Notary Public In And for sold 0,I1Lty and state, Isoldip>S; therein. duly-Ora10a1onad and sworn, pgroonaily appeared 0. L, Ootent, known t0 m to be `. the Flee-Prealdtnt, and It. D. Fuller, known to me vo be the Assistant trust Officer, of tb + Corporation demorlbed In and that cxeeuted the within instrument, And kxwn t0 as to be the Pay sone who ..touted the within instrument on behalf Of the oorperatlon thertin noed, and mkaowledgtd to as that Such corporation executed the saes, IP N1TNfsB UNEFIOr, I bays hereunto at my band and affixed my official seal, the dj and Veer in this Certificate first above written. ((SEAL)) A. Ni sIIERSIN Notary Public In and for Said Conray end stats,'.'' Filed for Record At Ne r""t of Grout" Nov_g, 1926 ut 90 Nin, past 6 o'clock Adl ai and Recorded In Book 216, Page 96, of Official R000rdd, Oreoge County, California. Justine-. Whitney, Recorder, By Ruby Demarco, Deputy. M-10 Lott COBPAAEO Elea Oeellfa 75055 j CORPORATION GRANT M..D TITLI GUARANTEE AND TRUST OO{IPANY, a corporntion axgmisad under the law, of the Hint' of Callfarnla, and having "0 prlAcipal place of business in the City of Los Angela,, County of Loa Angeles, State of Oallforala, In consideration of Ten Dollar, (=10,00) to it In hand paid, the receipt Of which Is hereby acknowledged, does hereby DRAW TOI RALPH P. YASINT and IRINN MASERY, husband and wife, An Joint tenants, all that real property situate In the County of Orcngee State of Chlifoxnlao aM pertloularly described as followat Lot Teenty-eight (96) of Tract so. 747, ee Per SAO r000rdad in Sock 22, Page 29 of YS scall aneoue Yaps. Raoonda of Orange County, California, in the offloa of the County Recorder of Said County, i subject to Oonditione, Restrictions, Reservations and Rights of Nay of Record. Aeaervl-9 an eseemaAt .,or the rear throe feet of said promises for pole, And lino fur the dletrinutian of eleOtilCal anergy. and other public utility lines. Subject to tease for Yhe fiscal yeei 19ES-29• aibjaot t0 County 11eno and Aeaeeswents, if any, Provided, "waver, that tale Wnreyanoe is mrd- and ancepted upon each of the folles1ty coMItlona, which shall apply to and be binding upon the Orantees, their helrm. dealYoe ssacutors, adIdElOtrass tora and aign; Tired net Gadd prealses mball not be Said, Conveyed, leaned or rented to, or oesopl by ony Person of African, Maroc.. or Aalatlo dssoent. SSoondt That saldprsei--s shall be uAed for raeidenoe purposes only and in Yhf. srAa . Aueh, purpoGes ghali be dealgnatad o xAGldenoe purposes, tech purpCaas ,Nall W ncaav F � 1 ft c Apployed this 3rd day of July, A.D. 1929. The Premum obergged for this Bond is 110.00 for its tare. t: J. mark, Judge of the Snootier Court of the oouat) Of Orange, State of 0a11foruls. Blot* of OAllfomlb, Bounty of Lost ea. - ngalse. On tole 2nd c.v .>f July, An the year Dae .tRWghd mine hlmdr and twenty -Dine, before m, B. B. Smooth, a Notary Public, and for veto County, residing %herelu, duly aowleelonod and ewom, personally appeesad , . 0. L. Cola, known to as, to be the esteem Seems, Dawe to aubeoribed to the within sod annexed knee ruaeet, ns, the attorney in foot of the Royal InSwIty Company, and acknowledged to es, that he eebsonbdl the nese of the Royal Iudeeolty Oommeny thereto as, Surety end bis oen.*ey ea Attorney in feet. IN TITNBSS ■BCMF, I Gave bareunto set ay hand end affixed " official. nal, at N office, in said Canty of ram Angeles. the dq end year lame aboo Still.. ((SGL)) S. R. Redpath Notary Public, to end for said county of Gee Angeles, State of California. NY CdOodsslon Bradlee Aug. 26, 1932. State of California, County of Orepga, se. I do totearly near (or nM.) that I will suctort the Cohatltutimpf the Onstad Stetea, std the Omeltutl Vn or the State of California, end that I will faithfully discharge the duties of Sotexy Pablio In and for the mid County socordlog tokhe beet :f 4 ability. Be. S. Pstton. SObaOMbed and aware to before nae, this 3rd day of July, A.D. 1929. ((OOOBT ML)) J. B. Book. County Clark By A. L. Rltchmdk Calmly. Filed Jul 3.1929.7. N. Back., County Clerk. By H. Sanely. Retardoo est request of Ben B.Petton, Jul 3, 1929, at 53 Nin. oast 10 A.Y. 1n Book 890, Page 311 Official Records of Orange Ocunty. Justine Whltney,Coubty Recorder. Stacy Bei®lbalob Beauty. 20760 Iles 00aliffe COMPARED Adele Lots - - 0 0 a - - - NOTICE Cr 00"ISTION MIT �r CALIFORNIA. 3 GEORGE GAYLORD sod *aa R. GAYLORD, husband and wife, being first duly swam. deport and rayl that they [re not, and are upon the 7th day of Jeewri. 1929. the -core 1n fee Sloe of that oertaln reel orewrty eltwted in the Olty of Tustin, County of Orange, State of California, end aertl a.le tlf deaarlbaa ea fella.., to-eutu That Denim of Lot or of the -Stafford who Tustin Tracts, as shown on a Nep recorded to Book 2, Pages 616 end 619 of N1 ape 1L .W Reaerde of Los Angeles County, California, dtNer no Tlglnolt[ at a Vola% on the !lest line of weld Let 410 fast Booth of the Terthwawt comer of r,mning vs,ld let;etheme South along the Teel 'She of geld Lot 50 feet: thence Bert parallel tothe north 'too of Ovid Lae 200 feet; $boom Nath parallel to the bat Jim. .l said tet 60 foot; tbemw West Danllsl to the North 11.0 of veld let Ron feet to the Wlnt of beginmIM. -- F "71 ,n 1017 as With onsrs of said land, affdenb, elect the 7th day of Janusky,190, waeended the erection Satl construction, upna the lead sloes described, of oertaln 6011 eo wits A d"lllughomae and gerage, THAT Said bulldtngm bEve been duly oouatrunted, and the ewe pre actually outs, .� On the 3rd day of July, 1929, end aooepted by the undersigned on the ape day. Me louse 1. giveb in ourawnoe of the prorislome of section 1167 of the code Civil Prooedure of this state. George Gaylord Alias H. GaylOrd SUBSORIBOD AND 611GRN to before .e %bit 3rd lay of July,1929• ((SGL)) W. L. Andrews Netery Public ( 1. and fox said OOuaty sod State. State of Oellfora" Deputy of Ormga, ) ea. Georg. Gaylord mold Alice H. Gaylord, being first duly aworo, depose and may, tbat they are the owners of the property described in 4.ia foregoing u"Icn; that they have road ts, MMS and know the content. thereof, and that the .ane to true of their Om, knowlsdp: George Gaylord � All.. B. 0eyloM SDBSORiBMO AND SWORE to before se this 3rd day of July, 1929. ((SGL)) F. L. Andrews Notaxy Polio to and for aid county and State. Raw Med at reuuw.t of Owner Jul 3,1929. at 55 Min.peet 10 A.M. in Book 290, Page 312 Official Records of Orange Omu.y. Jostles Whitney, County Recorder. Nancy 6eame lbeloa, Deputy. 91. seniums ooMPAlsa Adele lrlc. o 0 0 - - - i20761 Sante An., California, July 2, 1929. The Board met in regular session. Present Scoerriaor Willard Smith. Chairman, 0. L ObaP®n, Joan C. Mitchell, We. Bohumeob*r, George Jeffrey and ties Block. To Re; peed of Right of Way. 0. notion of 6noervlvot Obepnan, duly Seconded end cmrraad, Dead for Right of Way from The Imus 0omeany, . OOrpnretion, to the Wwrth Bead District, we aooepted mod declared e oubit. highway, which amid reed is sora nartl.elarly described me follow., to -Witt A .trip of land sixty (60) feet in width and belt tblrty (30) fact on each alae of the following dmeorlbed center lines a 0491nning at tagime.fle Station 139-34.52 of that cartel. public highway commonly topes ae County Park Road as laid Out mad improved by orange County 1. 1921 and 1922, and running thence from aid Point of beginning, N. 26 deg. 191 W., 1423.00 feet to the beginning Of m was tangent hewtnR a "clue of 2000 That and being mnaaya Masterly; thence, Tortherly, along said curve through a central angle of 3 deg. 551, 136.72 bet to a limp Levgeot; sponse N. 22 deg, 241 W., along Baia tangent line, 165.34 feet to an intervention with the Nnntn- Uaetsrly ISOs of Irvleele Subdtel.ion cs abowo on a Mao thereof "corded in Book 1, Pap GB, MSeoellmeous Record Nape, Records of Orange Oaunty. Californla• AL the Snterms xiou of the Ikea of this right-of-way with thos of County Part Hoed, the w"er. sty ta. be art u410i' the radii as bown on the eQueeeudying gap.° , ,.r1..,,. +. w.:,�rtp,ma.n•w.. t�,e.- .•.e+��.�-.-____. .n ..... ,..r•+.,.», ..., n , _ Wit,.,...... ...... y,...- �. -. .. __. ATTACHMENT C October 25, 2010, Letter submitted at Planning Commission Meeting from Bret Fairbanks October 25, 2010 Planning Commission Board of Appeals From: Bret Fairbanks Subject: Appeal of Notice and Order at 520 Pacific Street My name is Bret Fairbanks and I live at 520 Pacific Street with my wife and four daughters. We have lived at this house for over ten years. I grew up in old town Tustin on Myrtle and 1 st. My great grandmother lived in Tustin, my parents lived in Tustin, and now my family lives here. My daughters go to Tustin High, Hughes, and TMA. We have been heavily involved in the athletic community for over 8 years playing Tustin Girls softball, AYSO, NJB, and Tustin United club soccer. Our home has a main house with a unit above the garage and one unit behind the garage. These units were there when we purchased the house and have been there for over 60 years. SUMMARY OF EVENTS LEADING UP TO APPEAL I'll make this as brief as possible but I think it is important for you all to understand how this all came about. In December of last year we put our house on the market. We love our home and old town but with four girls, one in junior high and another in highschool, we are running out of room. We were planning on moving to another home here in Tustin. In July we finally secured an offer on the home and started packing. The buyer's appraiser phoned the city to see if the units burnt down if they could be rebuilt. They were told there was no permits for the units and therefore could not be rebuilt. The appraiser then gave zero value to the units making the home undervalued and the buyer unable to get a loan. I went down to the city and requested a bum down letter (attached July 27, 2010). I later met with Dana (Assistant Director) and Justin (Principal Planner) who gave me a letter (attached August 4) saying basically that there was no permits. I later met with Elizabeth (Director) to speak with her regarding the letter. A few days after our meeting she sent a letter (attached August 13) saying due to unpermitted structures I needed to schedule an appointment for an inspector to come out to the house. It was at that time the buyer could not wait any longer and we lost the sale of our home. After receiving the letter I returned to speak with Justin who suggested I apply for a conditional use permit (CUP). I got the application and had initial plans drawn up for review and the inspection was put on hold (attached August 20). The week of August 30"' I went down to speak with Justin regarding the initial site plans I had submitted for the CUP. She explained the changes that needed to be done and other documents that needed to be submitted as well. I expressed my concern regarding spending money on the CUP applications, making all these changes, and still getting turned down for the CUP. I do not have that kind of money. I asked her regarding the California Historical Building Code and when did the city recognize the units were built and she explained that it might be better to talk with Henry (Building Official) and Dennis (Principal Engineer) at the building department and gave me their cards. I went over and spoke with Dennis and Henry who were very friendly and helpfiil and they suggested they come out to the house, not for an inpection but to give their opinion on when the house was built. They said they would call me soon for a time to meet at the house. On September 10, I received a call from Justin saying that they would be at the house in an hour. I asked who was coming out and she said Dennis, Henry, Elizabeth, and herself. I expressed my strong concern with Elizabeth coming out because of our disagreements in the past. I asked specifically what they were coming out for and she reassured me that it was to observe the units to determine when they were built and not a code inspection. With some reluctance and showing some good faith I met them at the house. Dennis, Elizabeth, and Justina met me at the home. Henry, who was the one person who I wanted and who suggested the meeting, was not there. They went through the units and we briefly discussed the age of the units but they did not give me any specifics. I wanted Dennis to give me his thoughts on when he thought the units were built, since that was the purpose of the meeting, and be said he would get back to me. On Wednesday September 15a', a few days after our meeting, I phoned and spoke with Justina asking for any updates and she said they are working on it and would get back to me. On Friday the 17th I received the Notice and Order / Declaration of Public Nuisance (attached Sept. 16). The following Monday September 20`h, I went down to speak with Henry regarding our original conversation of determining when the home was built. I also spoke with Justin about our conversation on the phone and her reassuring me that was the purpose of the visit. They both seemed surprised by the letter I received. Henry said he had briefly looked at the pictures and had not spoken with Dennis in depth about what he saw. I expressed my disappointment with the whole visit because it was not what we had agreed upon. Henry said he would speak with Dennis and get back to me and Justin was going to look into when the fust permits were issued in Tustin. I wrote the letter of appeal which is attached and here we are I went down to the city in good faith seeking assistance with the sale of my home and it has turned out to be a giant nightmare. This has been an extremely trying and stressful time for my family and me, financially and emotionally. We were excited and looking forward to moving and now we are trying to save the home we live in. QUESTIONS FOR TIRE CITY There are several questions I have asked the city on numerous occasions that no one has an answer to that are critical to my home and many other homes in old town. When does the city recognize the units were built? When was the first residential permit issued in Tustin and who issued it? Why do many homes (not guest houses) in old town built between 1927 and 1950 have no permits? How does the city determine if a structure can remain if it has no permits? For example my home and all other historic homes. What documents are necessary to determine if something is historic and can remain? If a structure is deemed historical on the survey and has no permits, what is it legally? APPEAL OF CODE VIOLATIONS In regards to the code violations. Code A105.1 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. I have no intentions of rebuilding or reconstructing any portion of the said structures. I am just trying to sell my house. I purchased the home over 10 years ago and the structures already existed when I purchased the property. I have provided evidence to the city showing that the structures have existed for over 60 years and I will provide that evidence again tonight. I understand the city has no records of 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 of this code. Amy mentioned in her agenda report that "the city has responded to complaints that have arisen in old town area of construction being done without permits". These are situations where construction had started without permits. If I were rebuilding or constructing something I would get a permit but the units are existing structures and I am not and have no intention to build. With regards to permits in Tustin. After doing much research and speaking with OC Archives, Chi Tran the county building official, and numerous people at the county and city, there is a big gray area with the city of Tustin regarding permits between 1927 and 1950. I understand we were a growing city and trying to get established and organized but who issued permits, the county or the city? Did they issue permits? Who kept the records? When were they transferred to the city? Where are they? I pulled permits on homes (not guest houses) along main street in old town built in 1930, 1944, 1945 and 1950. Not one of them had a building permit from when it was built and these are homes along main street of old town. In regards to violation 9223(6)(2) and 9223 (b)(2)(d). Both of these codes are part of Ordinance 157 which was adopted on November 6, 1961. Both units on my property existed prior to this ordinance. According to Tustin City Code 9273 (a) of that same chapter: Non -Conforming Structures and Uses: Except as otherwise provided in this Section, uses of land buildings or structures EXISTING AT THE TIME of the adoption of this Chapter may be continued although the particular use or the building or structure does not conform to the regulations specified by this Chapter for the district in which the particular building or structure is located or use is made; provided, however, no nonconforming use is discontinued or abandoned, any subsequent use of such land or building shall conform to the regulations specified for the district in which such land or building is located. If no structural alterations are made therein, a nonconforming use of a nonconforming building may be changed to another use of the same or more restrictive classification upon the securing of a use permit. If the nonconforming use is replaced by a more restrictive nonconforming use, the occupancy thereafter may not revert to a less restrictive use. If any use is wholly discontinue for any reason except pursuant to a valid order of a court of law for a period of one (1) year, it shall be conclusively presumed that such use has been abandoned within the meaning of this Chapter, and all future uses shall comply with the regulations of the particular district in which the land or building is located. (Ord. No. 157, Sec.6.1) Both of the units on my property existed at the time of the adoption of this Chapter and should be considered nonconforming structures. 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 of act of God, may be restored or used only in compliance with the regulations existing in the district wherein it is located. (Ord. No. 310, Sec 2) In Amy's report she talks about nonconforming structures and states that "Provisions for reconstruction of nonconforming buildings do not apply to structures or additions which have been constructed without the benefit of permits." Where in the code does it say this? There is a difference between legal nonconforming and nonconforming structures and the city of Tustin has adopted nonconforming structures and uses according to ordinance 157, Sec. 6. 1, which I have read above. HISTORY OF THE HOUSE A few good things that have come about with this whole situation is that I have met a lot of nice people in the neighborhood and community and I have found out a lot about the history of Tustin and the history of my home. On several occasions I have had the pleasure to speak with John Gaylord and Robert Gaylord who are the sons of George Gaylord, the original owner of the property and the man who built the structures. I appreciate the effort that went into the historical assessment of my home done by Thirtieth Street Architects. There are some points that he got right but some discrepancies. Attached is a letter written by Robert Gaylord, one of the sons who actually grew up in the house and would know the history better than anyone of us. October 25, 2010 To whom it may concern, My name is Robert Stephen Gaylord, one of three sons of George and Alice Gaylord. I grew up at 480 South Pacific Ave. (now 520 Pacific St.) in Tustin, CA. My father built our house, the garage, and the apartment above the garage all in the time and with the processes it takes for a single individual to do all that. The best that I can recall is the unit above the garage was built roughly between 1938 and 1942. The fust tenant was my uncle who was stationed at an anti-aircraft defense base in EI Segundo. We visited him several times at his Army air defense battalion and saw the search lights and anti-aircraft guns. Dad finished the apartment for him and his new wife to stay near us while he was serving in Southern California_ Later, the apartment was rented to Marines stationed at El Toro Marine Base. I recall the stairs to the entrance as a child. In my memory they were always there on the side of the garage where my parents would catch rainwater. We were not allowed to go up those stairs. The unit behind the garage was built by my father roughly between 1945 and 1950. ] judge this based on the fact I was born in 1933 and when my brother John and I were young teenagers my father built the two rooms and bathroom for us to occupy. After we moved away from our old home, the rooms were made available to others. The only person I remember was, (I believe the spelling is) Ms. Grennan, who helped take care of my parents to the very end. In fact, she called me about health problems my father was having when we moved him out and sold the house. My father worked at the grammar school as a woodshop, boys' athletics and natural science teacher. He was an Eagle Scout, a Scout Master and a Deacon with the Presbyterian Church in Tustin. He was often involved in construction work in and around Tustin_ He was in every way a faithful law-abiding citizen. Sincerely, Robert S. Gaylord (See attached letter) I would also like to point out that city records show that George Gaylord, the man who built the structures, was the city building inspector for Tustin between 1956 and 1958. s Also attached are numerous documents that prove the units have existed for some time and have been recognized by the county as multifamily dwelling units. - A copy of the Historical survey of my home which discusses the two story garage. -Tax assessment records dating back to 1952 which have two addresses and a map of the main house and both rental units. -There is also a copy of Luskeys Santa Ana & Central Orange County Criss Cross City directory from August of 1952 with two addresses with the name of the person who is living in one of the units. -A property detail report from the County building department with a land use description of multi -family dwelling with 3 units. -A public service information form from when we purchased the property showing multi family residential dated May 5, 2000. -A letter from the Orange County Sanitation District charging multi -unit residential rates. - A permit from the city of Tustin for a second electrical meter for the units in the back. - A permit from the city of Tustin allowing a new roof on the back units as well as other permits for my property. HISTORICAL WELDING CODE The following is a copy of the purpose of the California Historical Building Code which the city of Tustin adopted in 2007. Section 8-101.2 Purpose. The purpose of the CHBC is to provide regulations for the preservation, restoration, rehabilitation, relocation or reconstruction of buildings or properties designated as qualified historical buildings or properties. Chanter 8-2 of the CHBC defines Qualified Historical Building or Property. As defined in the Health and Safety Code Section 18955. Any building, site, object, place, location, district or collection of structures, and their associated sites, deemed of importance to the history, architecture or culture of an area by an appropriate local, state or federal governmental jurisdiction. This shall include historical buildings or properties on, or determined eligible for, national, state or local historical registers or inventories, such as the National Register of Historic Places, California Register of Historical resources, State Historical Landmarks, State Points of Historical Interest, and city or county registers, inventories or surveys of historical or architecturally significant sites, places or landmarks. My property is listed in the city of Tustin Historical Resources Survey which satisfies the requirement of CNBC Chapter 8-2 as a qualified historical property. Attached is a copy of the historical survey of my home. In the description in talks about the two story garage and shows a picture of it. According to the CHBC and the Cultural Resource Overlay District my home and property are historic. We should want to keep these structures because they have a great history behind them, it adds to the culture of old town, and there is no distinct danger to anybody. 6 Section 8-102.1 Application. The CHBC is applicable to all issues regarding code compliance for qualified historical buildings or properties. aaragraph 1. The state or local enforcing agency shall apply the provisions of the CHBC in permitting repairs, alterations, and additions necessary for the preservation, restoration, reconstructions, rehabilitation, relocation or continued use of qualified historical building or property when so elected by the private property owner. I have asked the city on numerous occasions why are we not going by these codes. This again demonstrates that the code has not been accurately applied to my property. CNBC Section 8-303 Residential Occupancies 8-303.1 Purpose The purpose of this section is to provide regulations for those buildings designated as qualified historical buildings or properties and classified as occupancies. The CHBC requires enforcing agencies to accept any reasonable equivalent to the regular code when dealing with qualified historical building and properties. 8-303.2 Intent The intent of the CHBC is to preserve the integrity of qualified historical buildings and properties while maintaining a reasonable degree of protection of life, health and safety for the occupants. The units have been there for decades and they have been rented for decades. The last thing I want is for somebody to get hurt or be in danger living in the units. According to the CHBC Section 8-201 the definition of a Distinct Hazard is: Any clear and evident condition that exists as an immediate danger to the safety of the occupants or public right of way. Conditions that do not meet the requirements of current regular codes and ordinances do not. of themselves, constitute a distinct hazard. Again the purpose of this code (CNBC) and the Cultural Overlay is to preserve old structures and make sure they are safe and I have done both. SITUATIONS SEMH AR TO MINE Lastly, I do feel like I am being treated differently because there are other properties just like mine, and the city has responded differently. Precedence has already been set. For example: There is a property on B street that is a duplex with another unit above the garage with stairs and entrance just like mine (see attached photo). This property is zoned RI and has no permits from when it was built. There are a few permits given in the 60's -80's but no original building permits and no conditional use permit. In 2006 the city thoroughly inspected the property in response to an application made for the Mills act. In the city's report they stated the importance and historical significance of the property and did not mention anything about current zoning or building violations and the structures remain. There are numerous other examples where the city has given permits to existing structures that have no original building permits. There are examples of people in old town who wanted to tear down unpermitted structures and were stopped by the city because they were historic. The last example is more directly related to my original problem. All I needed was a letter from the city. On 6t' street there is a SFR with a duplex behind the house. Very similar to mine. Attached is a letter the owner received in 1998 regarding his property. It reads: The subject property is currently zoned Single Family Residential (R-1), which permits single family residences. Second single family dwellings may be considered in the R-1 District on properties with more than 12,000 square feet of lot area, compliance with several other development standards, and the approval of a Conditional Use Permit (TCC Sec. 9233(B)(1). Our records indicate that the main residence was constructed in 1929. We also have on file various building permits for the duplex on the rear of the property, dating back to 1964. However, there is no record of an approved Conditional Use Permit for the use. As such, the duplex is considered to be a nonconforming use. Pursuant to Tustin City Code Section 9273(C), nonconforming buildings destroyed to the extent of more than 50 percent of its value by a catastrophic event may be restored or used only in compliance with the regulations existing in the district wherein it is located. For my property, I have a permit for a second electrical meter that the city inspected and permitted that goes directly to the back units. I also have a permit for the roof on the rear structure that the city inspected and permitted_ According to Section 9273 of TCC my structures should be considered nonconforming use. I relied on the city when issuing the permits and would not have purchased the property or spent money on the roof if not allowed. To summarize: • Code Al05.1— An owner who intends to construct. I don't have any intentions of building. • Codes 9223 (b)(2) and 9223 (b)(2)(d) were written in 1961. The structures existed prior to this ordinance. • The property is historic and we should want to preserve the history. • The structures should be nonconforming. I want to thank the commission for your time and consideration. I am not trying to get away with anything or build anything without permits. All I am asking for is the city to do what they have done with other properties similar to mine, to follow code 9273, and to recognize the structures as nonconforming. I am asking the planning commission for help and to see that the code violations have not been accurately applied to my property and to simply recognize the structures as nonconforming as the city has appropriately done in the past. 9 July 27, 2010 City of Tustin Community Development Department Justin Wilkom, Principal Planner Dear Ms. Wilkom, 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 ''/s, 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 buyer, 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 1 Community Development Department J TU S T I N z F F O August 4, 2010 u Brett Fairbanks 520 Pacific Street Tustin, CA 92780 HisTa0.Y BUILDING OUR FUTURE HONORING OUR PAST SUBJECT: ZONING CONFIRMATION FOR 520 PACIFIC STREET Dear Mr. Fairbanks: 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 • F: (714) 573-3113 0 www.tustinca.org Community Development Department Seat by first glass mail August 13. 2010 Bret S. Fairbanks 520 Pacific Street Tustin, CA 92780-4329 SUBJECT: 520 PACIFIC STREET APN # 401-371-07 Dear Mr. Fairbanks: TUSTIN BUILDING OUR FUTURE HONORING OUR PAST Or. August 4, 2010, you were advised by City staff that no permits exist for your two guest houses and that no conditional use permit exists to allow guest houses at 520 Pacific Street. A; such. City staff hereby requests to inspect your property. Please contact me at (7114) 573-3 i 35 by no later than Tuesday August 24, 2010 tc schedule an onsite inspection of your property. Thank you in advance for your cooperation. Sincerely, p� Br d Steen Code Enforcement Officer Attachment: Letter, dated August 4, 2010 Cc! Amy Thomas, Senior Planner/Code Enforcement Supervisor 300 Centennial Way, Tustin, CA 92780 0 P: (714) 573-3100 0 F: (714) 573-3113 9 www.tustinca.org Community Development Department Sent by first class mail August 20, 2010 Bret S. Fairbanks 520 Pacific Street Tustin, CA 92780-4329 SUBJECT: 520 PACIFIC STREET APN # 401-371-07 Dear Mr. Fairbanks: TUSTIN BUILDING OUR FUTURE HONORING OUR PAST Thank you for meeting with City staff yesterday afternoon to discuss your two guest houses. During the meeting, you stated that you would start developing plans to submit to the City soon, along with a completed conditional use permit (CUP) application to attempt to legalize both guest houses. As such, the recent request to inspect your property will be put on hold. However, you understand that an inspection of your property may be necessary during the approval process and that if approved, both guest houses would not be permitted to be rented, nor could they be provided with kitchen facilities. You also agreed to contact Amy Thomas within ten days to provide a status on the submittal of your plans and CUP application. Therefore, please contact Amy Thomas at (714) 573-3126 or athomasnc-tustinca.org on (or) before Tuesday September 7, 2010 with an update on your pending submittal. Once again, thank you for your continued cooperation. Sincerely, d i — Steen Code Enforcement Officer Cc: Elizabeth Binsack, Community Development Director Justina Willkom, Principal Planner Amy Thomas, Senior Planner/Code Enforcement Supervisor 300 Centennial Way, Tustin, CA 92780 0 P:(714)573-3100 • F: (714) 573-3113 • www.tustinca.org 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 BUILDING OUR FUTURE HONORING OUR PAST Thank you foF 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 9 F:(714)573-3113 0 www.tustinca.org Notice and Order at 520 Pacific Street September 15, 2010 Caae a V10.0312 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. Sincerel , Br d Steen Code Enforcement Officer Attachments: Exhibit A —Administrative Citation Information Exhibit B — Code Violations cc: Amy Thomas, Senior Planner/Code Enforcement Supervisor NoOwv OrdwM 520 Peaft SImM SepNmi m 10. 2010 Caw N W 0-0312 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 - Comer lot line: 10 feet; Interior lot line: 5 feet. NOTE: Please be advised that there may be additional code compliance requirements. Community Development Department r*'41111 i ff.1 Administrative Citation Process TUSTIN BUILDING OUR FUl1URE HONORING OUR PAST In accordance with Tustin City Cods (TCC) 1182(d), fines may be assessed by means of an adminbtrative citation an follows: $100.00 for a first elation; $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 Cods (TCC Sec. 8100 — 8999) violations may be assessed at $100.00 for a first violation; $500.00 for a second vlolatlon 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 andlor 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 penatiles prior to the compliance date specified in the administrative citation: 1) Correct the violation, pay the corresponding flne(s), and contact the City to request a re- inspection, or 2) Pay the corresponding flne(s) and requed 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 administrathre citation, together with an advanced deposit of thi corresponding finals). Request for Hearing fortes and other information on Administrative Citations may be obtained on the City's website at www.tustinca.om. September 22, 2010 Brad Steen, Code Enforcement officer Community Development Department City of Tustin 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: V 10-0312 Dear W. Steen, This letter is to appeal and request consideration on the recent notice I received regarding unpermitted 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 first 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 Community Development Department October 13, 2010 Bret Fairbanks 520 Pacific Street Tustin, CA 92780 TUSTIN BUILDING OUR FUTURE HONORING OUR PAST SUBJECT: APPEAL HEARING FOR NOTICE AND ORDER AT 520 PACIFIC STREET (APN 401-371-07) Dear Mr. Fairbanks: The City of Tustin has received your request for hearing to appeal the Notice and Order for the declaration of public nuisance at your property located at 520 Pacific Street. In accordance with Tustin City Code Sections 9294 and 8101, the Planning Commission will act as the appeal hearing body and act in its capacity as the Board of Appeals respectively to consider the appeal. A public hearing has been scheduled on October 26, 2010, at 7:00 p.m. in the Council Chambers at 300 Centennial Way, Tustin, California. As the appellant contesting the Notice and Order, you will be provided the opportunity to testify and present evidence concerning the Notice and Order at the public hearing. A written report concerning the appeal for consideration at the hearing will be provided to you by mail prior to the date of the hearing. Should you have any questions regarding the appeal hearing, please contact me at (714) 573- 3126 or athomasatustinca.oro. Sincerely, Amy Thomas, AICP Senior Planner cc: Y. Henry Huang, Building Official File 300 Centennial Way, Tustin, CA 92780 0 P: (714) 573-3100 • F: (714) 573-3113 0 www.tustinca.org �G CITY OF TUSTIN OFFICIAL NOTICE OF PUBLIC HEARING Appeal of Notice and Order at 520 Pacific Street, Tustin, California Appellant Bret Fairbanks, current property owner of 520 Pacific Street Project Address: 520 Pacific Street, Tustin (APN 401-371-07) Notice is hereby given that the Planning Commission and the Planning Commission acting in its capacity as the Board of Appeals (per Section 8101 of the TCC) of the City of Tustin, California, will conduct a public hearing on October 26, 2010, at 7:00 p.m. in the Council Chambers, 300 Centennial Way, Tustin, California, to consider the following: On September 16, 2010, and pursuant to Tustin City Code Section 5503, the City of Tustin recorded a Notice and Order for the property at 520 Pacific Street providing written notice of the existence of a public nuisance and requiring 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." The current property owner of 520 Pacific Street (APN 401-371-07) has filed an appeal of the Notice and Order filed on his property. Pursuant to Section 112 of the City of Tustin's adopted California Building Code, the Planning Commission will act in its capacity as Board of Appeals in considering evidence supporting the City's determination that a dangerous condition exists at the subject property due to the present violation of the following Building Code section: 1. 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. Pursuant to Tustin City Code Section 9294, the Planning Commission will also consider the evidence supporting the City's determination that a dangerous condition exists at the subject property due the present violation of the following Zoning Code sections: 2_ 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 3. 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. If you challenge the subject item in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Tustin at or prior to the public hearing. If you require special accommodations, please contact the Planning Commission Recording Secretary at (714) 573-3106. Information relative to this item is on file in the Community Development Department and is available for public inspection at City Hall. Anyone interested in the information above may call the Community Development Department at (714) 573-3126. Pamela Stoker Tucfin Nawc rlctnhor 1d 9n1n If you require special accommodations, please contact Tustin City Hall, 300 Centennial Way, Tustin 92780 714-573-3000 _==5<<€ � ADDRESS: 520 PACIFIC ST DATE: 29 STYLE: CALIFORNIA BUNGALOW SOURCE: RATING: T C ALTERATIONS: F HISTORICAL DISTRICT: YES COMMENT: DESCRIPTION: CITY OF TUSTH4 HISTORICAL SURVEY The single -storied house at 520 is topped with a front facing gabled roof and matching centered porch. A small louvered vent is centered 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 fust floor exterior. Square posts, resting on tapered clapboard -clad piers, support the roof. The concrete porch extends to each side, topped with pergolas. The front door features a mullioned border and is flanked by large 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 garage, which appears to be original, is topped with a gabled roof with a hip at the peak. The siding is narrow clapboard, which seems 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. He was the son of Richard and Edna Matple, 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. He 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 became a carpenter. The Gaylords were stall living in the house in 1965. This bungalow fits well into the streetscape of the Tustin Historic District and contributes to the tree -lined street because it is of an appropriate size and scale. . I INS among � ��YP��.�11 P•iR��♦Y YvY1.: .1F'� �'. �e_6 PD h... 9 .. _ �.. (\ ! {: Hung s ri gyp{ Won mong VIS , _ . uman IMIM r a w �®lp R s f fall . �No among SIMNNW rNNA k'-.s.:r��C�.•.BfJ l ��_it 1k �:.-. .. .. � 'xY�u /•• .�7 1 it y y1P v r MEN_ -� eSx �� 3 �yJJ�••p�fCyN �yl�Y�{gam yy MEN ��yy��..�� :�kmgi, y amY$y. y"2 L §2 M .. �jJ.,...t�y OK YPO fDRRERLYSO ORMERL88 _ ORANGE COUNTY ASISESSOR _ MULTIPLE RESIDENTIAL UNIT APPRAIML RICA- vES ND 80 vo C ND AOORE88 P'c� TRACT A.P. NO. *$w37I-61 — TB rI ND C DWYRICT LOT 810E OF'.' In4inC1 AC OWNER BLOCK PROJECT NO. 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Owner Name: FAIRBANKS,BRET S Mailing Address: 520 PACIFIC ST, TUSTIN, CA, 92780- 4329 Vesting Code: Phone Number: Location Information: Legal Description: STAFFORD & TUSTIN TR LOT V S 50 FT OF N 460 FT OF THE W 200 FT County: ORANGE FIPS Code: 06059 Census Trct/Blk: 0755053/3 APN: 40137107 Alternative APN: 40137107 Map Ref: A4.830 Twnshp-Rnge-Sect: -- Legal Book/Page: 401-371 Tract No: Legal Lot: V Legal Block: Subdivison: STAFFORD & TUSTIN TR Last Market Sale Information: Sale Date: 01/03/2005 Sale Price: 1st Mtg Amount: $341,900 Sale Doc No: 0000002609 Price Per SgFt: 1st Mtg Int Type: Transfer Doc No: 0000161105 Price Per Acre: 2nd Mtg Amount $56,800 Multi/Split Sale: 1 sl Mtg Doc No: 337621 2nd Mtg Int Type: Sale Type: FULL CONSIDERATION Deed Type: Tide Company: FIRST SOUTHWESTERN TITLE Lender: WASHINGTON MUTUAL FSB Seller Name: LOUIS METRO INTER R E PROPERTI Property Characteristics: Building Area: 1,749 Total Rooms: Construction: Living Area: 1,749 Bedrooms Heat Type: Garage Area: Baths: Air Cord: Basement Area: Fireplace: Roof Type: Parking Type: No of Stories: Roof Material: Yr Built/Effective: 1928/ Quality: Style: Pool Code: Tax and Value Information: Assessed Value: $453,539 Assessed Year. 2009 Est Market Val: $556,033 Land Value: $274,512 Property Tax: $5,046 Assessor Appd Val: Improvement Value: $179,027 Improvement %: 39.47 Total Taxable Value: $446,539 Tax Exemption: HOMEOWNER Site Information: Assessor Acres: 0.2296 Zoning: Land Use: 133 Assessor Lot SgFt 10,000 No of Buildings: Land Use Desc: MULTI FAMILY DWELLING Assessor Lot W/D: / Res/Comm Units: 3 County Use Code: Calculated Acres: 0.2296 Sewer Type: Calculated Lot SgFt: Water Type: Not in Seismic Liquefaction Hazard Not in Seismic Landslide Hazard Not in Fault Zone Hazard In One Mile Industrial Commercial Zone Not in 100yr. FEMA Flood Zone In Dam Inundation Hazard Not in Wildland Fire Hazard Not in Severe Fire Hazard http://maps.digitahnapcentral.com/production/CityGIS/vO7_O2_003/index.htm] 8/10/2010 .a' Design Type Codes 001 - Single Family Residence 002.Aulti Family 999 - Misc. Improvements Requested By Address 3;10 W eF"/ Phone ( Signature PUBLIC SERVICE INFORMATION FORM MULTI FAMILY RESIDENTIAL 1 APN 2 BLDG# 3 CONST YEAR 4 USE CODE 5 DESIGN TTYYPEE 6 INISHE BSMT SIZE 1 7 BLDG IZE-1S 2ND Fj 8 BLDG SIZE 3RD FL 9 BLDG SIZE 4TH FL 10 BLDG SIZE 5TH/UP 11 UNIT MIX 12 13 GARAGE/ CRPRT POOL SIZE YIN G 14 LAND SIZE U Dod d o m F m ZLV. z 2 = = t, m C C r 0 0 A 9 QUATTROPRO Check Amount $ Cash Amount $ Mailed Date By ORANGE COUNTY SANITATION DISTRICT We protect public health and the environment by providing effective wastewater collection, treatment, and recycling. June 30, 2010 FAIRBANKS, BRET S 520 PACIFIC ST TUSTIN,CA 92780-4329 11 U II T I t L7 Y'r11 �'�{' i Biu Y To the Owner of Record of Parcel Number: 40137107 Situs Address: 520 SOUTH PACIFIC STREET TUSTIN During the past year, the Orange County Sanitation District (OCSD) has conducted a review of a portion of parcels in its service area. Prior to the review, the OCSD data represented the parcel as non-residential. You are receiving this notice because a parcel review was performed and it was determined that there should be a correction to the OCSD's data. An adjustment in either the property use code and/or number of residential units will result in a change in the annual sewer service fee effective Fiscal Year 2010-11. Your property is provided sewerage services by OCSD. OCSD is part of a large regional sewerage system serving 23 cities and unincorporated areas within Orange County. Wastewater is collected first by your local sewering agency, such as your city, and then transported by OCSD's large trunk sewers to one of two regional treatment plants. These facilities treat and dispose of nearly 230 million gallons of wastewater each day. The cost of the regional sewerage system of residential properties is assessed based upon the number of dwelling units. The sewer user fee is for the collection, treatment, and disposal of wastewater. Although the OCSD's sewer user fee is not a tax, it is collected as a separate line item on the property tax bill. Using the services of the County Tax Collector - Treasurer significantly reduces the OCSD's administrative and collection costs. The sewer fee charge rate for fiscal year 2010-11 for a single family residence is $20.33 per month ($244 per year). The multi -unit residential rate is $14.23 per month ($170.80 per year) per dwelling unit. If you have questions regarding this information or would like specific information .regarding your parcel, please call the OCSD "Rate Line" at (714) 593-7281 between 7:30 am and 4:00 pm Monday through Friday. Inquiries may also be made by email at rates(a)ocsd.com, or writing to the OCSD Financial Management Division, 10844 Ellis Ave, Fountain Valley, CA 92708. Please include your name, telephone number, and Parcel Number with any correspondence to help us promptly respond. 10844 Ellis Avenue . Fountain Vallev. CA 92708-701 R . 17141 9F2-2411 . www aced arm SEWER CONNECTION APPLICATION AND PERMIT [AREA DEVELOPMENT—SINGLE OWNERSHIP) CITY OF TUSTIN r 135 W. Third St. •f.,i� Tustin, California 6 r ej / APPLICATION To be completed by owner or agent and submitted in quin- tupli-eaatte with required fees and plans - see reverse tide Applicant,Or'D-------'----- hereby requests the following connection(s) to City's sewerage facilities: Location Lot Nos. Size Type (See reverse side for instructions) To --- 2. o 2. - - -- .._-- - - --- - '-'--.-. -- _-.---. -_. '- .---- To._. — — 3. -- - -- - --- To - Tract No- _ Total lots. - _ - --Estimated date of occupancy ----- If commercial or industrial property, total acreage served --.---• The waste to be discharged to City's sewerage facilities, if other then purely domestic sewage will have the fcilcwinq general characteristics as to estimated quantities, time of peak dischargeand principal source or sources: In making this application, applicant acknowledges thai any permit issued will constitute a contract, if accepted by oppfcant, nodnay a enforced by civil action at law and/or injunction. Date: G^ //U -7/. SIGNATURE PERMIT For Connection to City Sewerage Fau rues and for Discharge of Domestic Sewage Only y Permislon to c,,,0ruct connections) to the sewerage facilities of the City Is hereby granted to applicant providing •u,ch connectanis) is mace in accordance with plans and specifications hereby approved. and attached hereto: furl her pro+id;ng that request for inspection must be given to the Tustin City Hell (5444820) of least 24 hours prior to the commencinq of any construction work.. This permit also gives the applicant permission to discharge only purely domestic sewage through the con- "cicn(s) herainabove authorized into the sewerage system of the City. The discharge of any industrial or commer• ,;,I wnstc is not authorized without a further and separate permit from the City. Racmpt of raquired foes and charges ns specified by Orange County Sanitation District No. 7, Ordinance No. 705,'= is hereby ecknywledggod. •.�i•' /� / Date:.. CITY OF STIN P. Amount Paid f `-iVf2 --- � - '- Y- j6'�'-^�r .e`n0 t_ APPLICATION FOR PLUMBING PERMIT APP#ANT' PLEASE FILL IN SHADED A& ONLY -- USI I':ilf LIBLE PENCIL, BALL POINT PEN i OTHER NON_ERASAI}LESUBSTANCE 1 CITY OF AFFLICANT !LIN SLATED AREA •+!I• r' I,:. I¢lr rr A ONLY —FILL INCOMPLETELY T '? / . • U Z '+ J uu u,u lNl, •1UU%+I :. �'y+ ,_/(/ p y r PERMIT FEES /„rY :Lll ^T p�� — • _. .- —_—. NC TYPF, r)F (IM IURE ff1117(41 (FE$ WA TL R CLfaETr TOILE I I C• .1 _O9 E'•L !!4TH T!%b —. iT"� Tim✓ L44 vrn) 6.L :HUif OI $FO:r'/., �j7 ,.q�'� f I%NonY Tn v r +U O wn n Mcnl _--I�^.• III .•.R 6-34/�i OISHWAFHEn '- --- — rre ... ”'^r •I. ...n..., ....r, .Lnn lh rl ❑F PbI(1E SINE. ..I •. a ...,, ELOUH LINK n -- mC it ,:•r. --1 In r .. �pOH L`HA LV 9 IJRr�:KNI(i cU •„ _ U�IT� ,INS! � III � 4 �� .. SWIMMING POOL _—. — .r WATER-pAreR WATER SOFTENERS —� — LAWNSPRINKLERS RES.O COMM.r TRAILER HOOK UPS —_-- .AS SYS SEM �pV NO. OF OUTLFTS NdT ❑ '.I wlu +�.`• ` HOUSE SEWER IVALUATIONI I INAI _ PERMIT ISSUING FEE ulll llr f.0 N.•In 111. ._— —.._ Ilio:' I�"P �(i'.--_—..._._..�._ TOTAL FEE S PFHMI I VALiU%rtlVh+ t;9nn.0 WHEN PROPERLY VALIOATfU I CASH HISSPACEI THIS IS YOUR PERMIT. 9 CITY OF TUSTIN Community Development Department— Building Division 300 Centennial Wg Tustin CA 92780 B VOW Building Counter (714) 573-3131 -Inspection Recorder (714) 573-3141 BUILDING PERMIT NUMBER:1101-0499 ADDRESS: 520 PACIFIC ST TUST SUITE ASSESSOR'$ PARCEL NUMBER:. r 40t=371-07 SUITE NUMBER..: LOT NUMB •••..;_...:: . TRACT NUMBER.: DEVELOPMENT ...........::Y AREA .. TUSTIN ISSUED BY .............: ....., " •, , .: - DATE ISSUED.......: PROPERTY OWNER ....... ._...-, ....... : LOUIS METRO [NM R E PROP ERT PLUMBING PERMIT. 10➢1WINDSOR LN 0 TUSTIN CA92780-4329 CONTRA CTOlt ARCHITECT AA ALL AMERICAN ROOFING 1824 E. CARNEGIE AVE. SANTA ANA, CA92705 (949) 250-1221 JOB DESCRIPTION: TIO RF, REP W/ 25 YR OAF, 300 FELT, 3.50 -REAR FFF_ SUMMARY BUILDING PERMIT. . O.C.F.A. Nwoher........ : MECH PERMIT: $0,00 PLUMBING PERMIT. OCCUPANT LOAD: 0 OCCUPANCY GROUP: R3 CONSTRUCTION TYPE.: GRADING PERMIT: RESIDENTIAL SQ.FT: 0 COMMERCIAL SQ FT: 0 INDUSTRIAL SQ FT: 0 GARAGE SQ FT: 0 OFFICE SQ FT: 0 WAREHOUSE SQ FT: 0 ROOF SQ FT: 0 TENANT @MPR. SQ FT: 0 OTHER SQ. FT: 0 NUMBER OF UNITS: l NUMBER OF STORIES: 0 UBC EDITION: 1997 TOTAL FEES: $0.00 NUMBER OF SEATS: .0 VALUATION...: $0.00 BUILDER VALUATION: 50.00 PLAN CHECK $0.00 FFF_ SUMMARY BUILDING PERMIT. $0.00 - MECH PERMIT: $0,00 PLUMBING PERMIT. $0.00 ELEC PERMIT; 50.00 SIGN PERMIT: $0.00 GRADING PERMIT: $0.00 PRIVATE Deli $0.00 NEW DEV. TAX: $0.00 TSO? ZONE A FEE; $0.00 TSIP ZONE B FEE: $0.00 SMTP FEE: $0.00 MICROFILM FEE: $0.00 OCFA FEE: $0.00 PENALTY FEE.: $0.00 REFUNDABLE BOND: $0.00 MISCELLANEOUS: $0.00 TOTAL FEES: $0.00 MCENSED CONTRACTOR DECLARATION: I hereby M. drat 1. • licensed Contractor ander the pmvb9ms ofekapkr9 (comments with Section 7000).1 Dividice 3 ofthe Busivesa k Prefesiom Cde, and my liana is t oto formed eDea. LICENSE NUMBER: 071912 LICENSE CLASS; C39 RIC Expiva DATE:USf3112M OWNER BUILDER DECLARATION: I Iwmby affirm that lam exempt from the Conuacmr. Li. Less for the following rerun (Section 7MI.5, Business Pmfesaiuns Code: Any City Or county which re7uba a Perrot W maeueL.ter, improve, demolish, mregir any druu7m, prior m its iaeuameq.ko requires the applicant fersuch petmil m file a signed Mtonsnl that to Orden if booed pursuant W the pmvisima ofthe Cmmacmh Licanae law IChapa 9 with Section 7000) ofDivisim 3 ofthe Bnsima 6 Pmfessima edel or that heerr she n crimp denebnm.nd the bub for the alleged cdempdoo. Any violation of Smtim 70313 by any applimnt for a pemit subjects the applicant m a civil Penalty ofnot snort Dun five hudred &It.($500.00). I of owum of the face", orrny employees with wages as their ante coropernaden, will do the wort and she uucmre is tot inkndd or offered for sak (Section 7044, Busimts R Pmkatiom Code: the Conoactmh Liume Law does tot apply to an owoer ofPropeny who bills Orintpersea theme, and who dna such work himselfor hmelfm through his mea own ®pl,ocs, provided thatouch impovemonu are tot intended or offered for sok. If, howasr, Rha building or impeovermm is sold wilhin one Year of cornpleden, the owner-buihlor will have the burden arneviog that he or she did no, build Orin ion. for purpose f.l.). 1, as owns ofthe ProPa Y. are aselesiyely mntncttg wish licensed conu.cmra In construct the preden(Suction 7W. Business 1 Prefeniom Cede: The Contractors Licaua Law doe not apply to an own. fpo pony who beildc or improves mencon, ed who cunlncb for such pej" wish • ombac n(s) he. p.I w the Conuacmrr. License Law). _ I un cnenst under Secdon. Bunsen 3 Professions Code for the following raun(s): I booby alfnm mrdm Penalty ofpepmy osa ofth. folkwbrg decluuions: I leve W will snsinsain a cerdficak of consent he ulf-imum for Wersces Compensation, es p svided for by Section 3700 ofthe Labor Cods. for the perfmmma ofthe wt forte which one person 9f teed. I have and will mattaio Wodtera Coospeouttsa ia., u required by Section 37M ofshc Labor Curio, for the perfunrmas ofthe work fee which We permit is issued. My Woftr's CompvraadOn imumcc carrier ad Policy Nombre es; POLICY NUMBER: 24MM7 COMPANY: WARHINOMN INT_ INC (This union need not be complaint Ifshe pconit is fee One, hundred doll ) or Icer), I cents, that in the pmfonvaoce of she work for whi tis iarsed,lairan mtmryloy any pnuntanY mannans amlecermaubjentoOre Warkrls Compenmion tw ofCdifomiasadlape. haat' uIt became subject mshe Worked CompenWiw Provision,ofSNM. 3700 oftha Labor Cada l dill fmmwlm comply ci rboae pmdhkns.�. ! W the cat ofeompensadan, danagn as ofthe Labor Code, IntmW and seem" fees. up b om hundred thousand dolWa ApplkWmitboobynudemrhe Bundln$Olfudforapmnitmbjmmtheeondiomaandremrktionssetfreshmshisy li ion.Parb Anonuponwhoabemuthieepp&.new i3madedadaces,neonat whoreugme cadfats'whoa ndceowork11performedcedehtpmmsaalamy Ch2 k oftha00011n AdeappGwdoo apron agree shag,tupy Or and heel harrrtkaa the City ofTustiq iN olfuzn, agau vd sogdoym in accordance with the pmvWero of Chrpud2 ofthe Uniform AMoinktrative Code. I agree oil m occupy m Blow mcupamy ofmy btldiog aushorjmd by [hie pennn uNil flet iospmdon bat bee rocalvd. f eertlry that I lave red oticVoI.Cade and seam dor the above tfomadm is terror. I agra m comply wish Jl Ciry W State kwerettins onthe buildiag000ntnedm• ed hereby acd o ice a uftha City m enkr upon the.hove mentioned pruyorry for impedes pumora. 7_ 4 / OF ISSUANCE OR IF WORK IS SUSPENDED FOR 10 DAYS... CITY OF TUSTIN Community Development Department- Building Division 300 Centennial Wry, Tustin CA 92750 Building Coumor (714) 573-3131- Inspection Recorder (714) 573-3141 BUILDING PERMIT NUMBER.BD14)W ADDRESS: 520 PACIFIC ST TUST SUITE ASSESSORS PARCEL NUMBER: 401-371-07 LOT NUMBER........................... _..: DEVELOPMENT AREA ................: TUSTIN PROPERTY OWNER ......... BRETTFAMBANKS 520 S PACIFIC STREET TUSTIN CA92790-4329 CONTRACTOR A -I ALL AMERICAN ROOFING 1524 E. CARNEGIE AVE. SANTA ANA, CA92705 (949)250.1221 SUITE NUMBER...: TRACT NUMBER: ISSUED BY .............: DATE ISSUED.......: 10/30/2001 JOB DESCRIPTION: TIO RF, REP W/ 25 YR OAF, 30th FELT, 3.5M - MAIN BUILDING PERMIT: $175.00 O.C.F.A. Number.........: MECH PERMIT: OCCUPANT LOAD: 0 OCCUPANCY GROUP; R3.- CONSTRUCTION TYPE.: 5N RESIDENTIAL SQ.FT; 0 COMMERCIAL SQ FT: 0 RMUSTRIAL SQ FT: 0 GARAGE SQ FT: 0 OFFICE SQ FT. 0 WAREHOUSE SQ FT: 0 ROOF SQ FT: 2900 TENANT IMPEL SQ FT: 0 OTHER SQ. FT: 0 NUMBER OF UNITS: I NUMBER OF STORIES: 0 TIBC EDITION: 1997 NUMBER OF SEATS: 0 VALUATION...: $7,250.00 BUILDER VALUATION: 56,000.00 PLAN CHECK $0.00 BUILDING PERMIT: $175.00 MECH PERMIT: 50.00 PLUMBING PERMIT: $0.00 ELEC PERMIT: $0.00 SIGN PERMIT: $0.00 GRADING PERMIT: 50.00 PRIVATE DMIL- $0.00 NEW DEV. TAX: $0.00 TSIP ZONE A FEE: $0.00 TSIP ZONE B FEE: $0.00 SMIF FEE: $0.50 MICROFILM FEE: $0.00 OCFA FEE: $0.00 PENALTY FEE.: $0.00 REFUNDABLE BOND: 50.00 MISCELLANEOUS: $0.00 TOTAL FEES: $17530 LICENSED CONTRACTOR DECLARATION: I herby aI I. use l w • li¢tncd Comraoar aderthe provides ofchpWil (aessaromg wish Section 7000) of Division 3 oftha Budnm & Pmfeama Coda, red my license is in fill (cope aM erect LICENSENUMBER: 621922 LICENSE CLASS: CM BIC Expim DATEAMInG113 OWNER BUILDER DECLARATION: 1 h=bY lmrrn that 1 w onaopt finm dre Contrame. Li. law for Ne following reran (Secdan 7031.5, Smora. Profession. Code: Any City or caaaty which rcquim. permit to construct, lltcr, improve, dcxnolirh, arpdr my emctme, poor to its Ire:tsr.s, da maim me apelicard for ..h pandl W file •.igoed mtarcW dart ha or she is li..d punumt to the psevisiwu ofthe Controm/! Urena law (Chapter 9 (commmeing with Section 7000) of Division 3 ofthe Bases & Kofi aiom tide) orlon bear eh is rxcvgm theRfmm and the basis for thealleged ermpdon. Any violation of Scetion 7031.5 by my applicant for. pmnit.ubjp the.ppsicant no civil)malty ofnot mor than five mrndrW dollars ($50D.001 1 as owns ofthe property, or my employed with wsga as their sole eompmatim will do the work and the stmerorc is rot intmdcd oroRael frr ab (Section 7044, Bolirwa & Pmkesoa Code: We Co raornar Daae Law doe not apply to m owns of property wau builds or bnpovd Iheron, and who door such work himselfor bmelf or 1arough Ns or ba own onskrycu, provided not such impmvevrmts are not inmded or oBmd for ale. If, howsva, the building or armmvwwwm is sold wilMn ons you of wmplotion, the owns -build. will have the border ofproAng thd N m.k did rot build or improve for purpose ofala) _ 1, a owner of ma prp.ty, un exeboively contracting with Scarred contracmn m construct the pmjee (Section 7044, Busirs.& Profession. Cada: The Contractors Liana Law doss not apply to an ow ser of property who Wiats or improves tNru., and who contracts for such Pr*m with. cantracta(s) iicena Pu..[ m the Contractors Litten Law). _ I mf cxcano u.der Section . Beirea & Profession Code for tN fallowing msoo(s): Owner Sigroaae; Dae: WORKERS' COMPENSATION DECLARATION: 1 hersby affirm a ndapadtyofpedury oro ofthe mllowing dalaralorts: I have. d will —imm. anlfiwm ofcrosmt retial/ --insure fm WasF.h Companammn, a pr Tided for by Section 37M of the Labor Code, for du perforwoa ofOm work mr which this Period is ieued. I Noe and will maintain Wolds Compensationmte, a r Compensation inmate, by Section 3700 of the labor Cade, fol 0R pedm or.nce o din work fa Ods which paed. past is iav My Waters Covgxns.tion tmunnce adri. and Polity Numbar are: POLICY NUMBER: weMS59437 COMPANY: o (mi. session reed net be cunglo4tl iffle Poona is lorr. 2611sas (1 100)alw} I ani% that in Sm P.formma ofthc weak ich Du pnmauimlad, !shallop employ anypesen in any nwmmrmumboara sebja[mthe Workds Campensetion 4ws of CalifomiA ands .grew Ishodd serene abject to the WaYds Compnaeon previsions of5ec0on 37M ofthe Labor Coda, l sM1Jl forthwith comply with Oma nrav'itioa, h � — i WARNING: Pdlur� Warkds Companwtion fovangv it udawfW,a:d dWl abJ.l mempmyerrocdminsl pnWtie epd doss fvun upmore huvddN Novato tlolw. (p100,dditionm asst ofcompenestion, dawgeuprovldpd far iv Sectiao(3700)of Ow labor Cady, inroR.m mdamtoevvy Ess. IINPORTANFTANf: Application u herby nadc ro O:c Building ORcid fun .dross object m..rN conth'tions.nd restrictions at roto on this application. Each .coon upon whose behalf thio applsuiasd 1! mld0 Yd epll .alto a Waea IgPlla>Ad fa Wage bmeEl work a p -..'!!rood adefa .Ulan!!!! m mypemll! WYO a l RYd{Ofna.ppUdt1a11gaeE m, and INIL mdtsml% ad hellharnoy the Cityof Tett; onofhcm,.gm4 and dlfir Yaa ioaxermmwith Olepmvisicas o dua I ha!2 et the Uniform AdMnia.uve Co de. f Imes:totmaa:apsor drew aaupumy ofmY buidhal l City i and by this" mis tines fors Wildin on has acro rcaivW.l csti%dot 1 Nve odd thu.ppsso Cry and walla, tilt Ne shove iaromutivn u formes. ] !gone m amply with all City tied Safer bon! misting w the building c9Mmetion, W herebLWmhorise RpelenYtive ofBw Ciry m mm' upon the stove memioned Property for inspccdon pugarca OF ISSUANCE OR IF WORK IS SUSPENDED FOR IN DAYS—' CITY OF TUSTIN Community Development Department - Building Division COTISMICtiOn Permit 300 Centennial Way, TLMin, CA 92780 Building Counter (714) 573-3131 or 573-3132 Inspection Recorder (714) 573-3141 ASSESOR'S PARCEL NUMBER: 10137107 ADDRESS: 520 S PACIFIC ST SUITE OR UNIT NO: LOT: TRACT: BLOCK: Census Team Number: Redir eurpment Area: Properly Owner: FAIRBANKS SBO S C ST TUSTIlLCA 92780 Archkecu regineec BERNARD ADAMS 714/636-0294 Contrachm, OAK -LAND 488 BLAINE 909/737-8858 COBDNA CA 91719 JOB DESCRIPTION: REPLACE EXISTING SAMMY FIREPLACE OCe.D.d.v Group: UBC Edition: Industrial Square Fast; Occupant Load: others Square Fast: Type at Cpnetructi.n: WarehOusa Situ... Fact: Raaidntbl Square Feat: 0 Geroge Square Fear, Numb" of Units: 0 Other SiNues Fest; Number o1 Stories: 0 Restaurant Begun,; Number of B idmarrel B Perking SNC": Cbinmarelal Save,. Fast: 8 Accessible Parking: valuation: F 98116. W UBC Edition: 1994 FEE SUMMARY Plan Check: TSIP Zone A FF.. -9 0.00 Building Permit 111 193.48 TSIP Zone B Fee: S 0. M Electrical Permit: B 0.0R SMTP Fe.; S 6.90 Mechanical permit 9 0.00 Microfilm Fee: $ 1.00 Flumbing Permit: 9 0.00 OCFD Fee: It0.00 Sign Permit S 0.18 Refundable Bond: $ 0.00 Drilling Pnmb: 9 0.00 Bond P...ess Fee: Private mlpmvs. Perron O.O9 Miec. Fee: 1 R.00 New Dowthbommt To.; 0 O. ORPenahy Fee: B 8. OR Total ".: O 263.92 Parma INv.0 gig: IES D...1 II8/07/BO PERMIT(S) ISSUED AND PERMIT NUMBER(S) B/0-0561 LICENSED CONTRACTOR'S DECLARATION I hereby amirm that I am • licensed Conernace under or. Pmwaons of ch+Otsr S Icemmnang with Section 70001 of DMsien 3 of the auainus A PfalNab d $d my Iicema b in hall force and efmal. Lee....Lee....NpmMr: .j -L -1 J - rice... Llus: Conusggtte�n� Sgnatun Do,.; we tee DIVISION OF INWSTRIAL SAFETY PERMIT CERTIFICATION The California Health and Softly Code nqW. a origiia l PI Intlustrul ..lacy Permit N .'rwnuwit. to Period houanca utile.. The H,phi slgMaOf IM cnllm.ns we.. 1 c.nr, that tie....it. S NOT or ma. iredapth, 'me. Whin . Parson b nwk" m dNNed, µYl M made I. comem ice W in work .0 "deed by his M.N. and the, no bWldres. aputtur., aceffeldinp, M1luwOrk, .r co m ill inn Or M.m.mXng Mersal, will be OWNER -BUILDER DECLARATION I hereby affirm that I am ..... I from tM Contractor's U.M. Law fa Iha follkner, titian ISawen 7"115. Nualn+N i P tm.10 w Code: Any City or County which nwlen+permit ter....trun, slew, Impeva. demelbr,.1 no.b any Structw.. once to 113 Nourr e; *ISO rawe. the aPoll ... t for such permit e 1110 a sign" aeme..nsYM1ar he or pal b licensed oursunt to Me provisions el the Comnter's Ucare. Low IChntal R lF.mmnping wtith Sett,. 70001 OI Division 3 of uM 9udneN A Ptbfnuons a"al .,,hot be m she is a ormal IhmCom a" IM Muir, foe Ma Alleged esamMlon. Any weather of Section 7031.5 by any applmxm tar a parmrl subjects the Npk.em to a this pamey al not mon than live hundred dollen16fi0p.001. ❑ las ow..rol thapmperW, army employees withwaBeeaalMexces compensation, will ee me were and the aouCtve is not w andid.,.Nand Io^' .]Olson... 7044, Busmeu A Plolesemns CON: Ne Can ffamori s Lice.. Law does net apply m an owner of employ µhe builds or Impeachs thereon. and who dean such work himself or herself a through his or her own empbyess. provided that such Improvements . not Intended at offend let sols. 1(, however. The buildlng OF nprwemamem sold within one year a compleMa. Ma —1 under —11 here rise bureau el prover, Met he .r she dm rot build .1 anon. Ior µnon. OF aahl ❑ I, as owner of the Pro.nY• am xclusevolycpntnNng with licensed .nunµt to meseni. the PgIacT ISmhn 7044, Busimss A Prolusaas Code: Ther Contractor'. LICIne.LN W d0ea notapply 1. mownwol Property wM Wild. ar imoravu Ihapk., nal who ..mars. Ior ..all wmnte with a connactimal license pursuant to the Contramm's License Lew). ❑ 1.m exam,, unit., S.mlen eusmaes E Pr.hcsiom Coda Iter the lollowinp raafenb): Owner Data: WORKERS' COMPENSATM DECLARATION 1 ha{ehy affirm under penalty of perjury one of ma following tlaclwellonu ❑ I have and will ...pane a .M fi.te of comm, TO self-interest far Worlisi s Compnsab.n, as penedod for bySection 3700 of Me Labor Code, ler iM do,.. .1 Ill. work Int which fib Oarmll b b..". ❑ 1 hwe a" µIX maintain Wolkn's Cemwnnebn insurance, ea ret uked by Seoden 3700 at the Labor Cede, far Me pleformence of the work tar Which this Nrmn . i...ad. My Week.,'. Campneallon pons nca denier and policy num W, ere fi p POLICY NUMBER: "- I T••7-� COMPANY: SI -n 4-E FJ7JA ITM aaeden Mtl reel pa CPnpbtb N rM pmnit.IP OM nlnda0 deicer 111,01 v tlal. ❑ 1...fly Thw in Me NdOrmence of me Walk Iw whin be permit 45 cued. I shall not employ any parson in airy manna so ea ro become subpart to the Worker's Cuero.... m laws o1 GXlomle, ntl agree that q I should aero... subjsm to tM Worker's Compensation ProviNons of S.C11N 3700 at the Labor Cade, I shall hnhe ih comply with Iheea emus ere-nLs. Sgnaturr. �% —� Oa e' U � a �sYJ WAPNNG; FaA�e Bacµ. Worker's Camp...nbn cevange a uMliew. and shall sublet n employer 10 CemNal pndtim and civil ting. up 10 one hurricane thousand Tar.. 111100.000). in a0dnbn le M. cost of nomNMalm, Nm.M. a provided ter se lisepan 3700 el me Labor Cod., IntnNt "d .nom.y len. CONSTRUCTION LENDING AGENCY I seek, Mflrm that tMr. IN • comtnaMn handing agncy lar ice pedermann of Th. work for which this panni, Is issued fS+Mion 3017 Owl Cada. LENDER'S NAME'. LENDER'S ADDRESS: HAZARDOUS MATERIALS ANO EMISSIONS STATEMENT FILED ❑A.O.M.D. Date: ❑O.Ci.D. Dau: ON., uwu" T. U.B.O. Fees pard Yee ❑ N/A ❑ IMP011TANT APPlicabon b history, mad. to Th. Buntline enteral Ior • M mel sulmml ID Th. onm.one red mvmiwu sat fare, n the appli sin. Each pe.ron upon without behalf the spptiNtion I. roodo and each person at white. n0usst and for wheat Mnifh work is pedarm" under a PunNnt to any permit curved u n.Wt of Mb aNlbNen eguN la, and atilt. InEamnOY red hold hsrmlaa Th. City of Tw in, ...flies,., Nam. and empbues In aecoul.m. µIM the onNaieru of Crops., 7 o1 he Uniform Admineruariv. rode. I .0wo no, Is occupy or allow OACUNney of nY buildin amh urllad by mit, pefMlunli Ilnalinc0eCU0n.OWOW hocbNnre0avc0. Ian RYtheIMNm.d rola applkstbn and nun that the above Information IS cprract. 1 agree to oemply wine d Ory ..d Stats laws rasti g M the building cenittucrhon, and 1mNNW.umNi Tion rntallyn of the Oryro-der, uoenme"w. mentloned prop., for eopeade. pwpeaee. .'.Th. 3e Ian hOn. Si(Xutun of Owner, CO/Ottyler, a AuthOriMd Ap.M. weaE3 As ewner/Wide, 1 wXl net ..Play N.Y.. of Inh d, work wWhich awM . owmh from the UWbhon dNthal Suety. N noted so.. unto. such p.a hes. MmgN hem Wt na.,an. SiGNATUNUR DATE Dlvni e, al bdmmaf 13M." Perron Nu.w,: In coepplinm wish Federal yeptlatiaer, The City 4. road. alma.. Nsaimiwt.. the Wats arras, rola, Mfia enter. age., dWNllNY. While. Olga Cansy- Permdln Pick - Alsgtn Galdem"-Ackpi October 25, 2010 To whom it may concern, My name is Robert Stephen Gaylord, one of three sons of George and Alice Gaylord. I grew up at 480 South Pacific Ave. (now 520 Pacific St.) in Tustin, CA. My father built our house, the garage, and the apartment above the garage all in the time and with the processes it takes for a single individual to do all that. The best that I can recall is the unit above the garage was built roughly between 1938 and 1942. The first tenant was my uncle who was stationed at an anti-aircraft defense base in El Segundo. We visited him several times at his Army air defense battalion and saw the search lights and anti-aircraft guns. Dad finished the apartment for him and his new wife to stay near us while he was serving in Southern California. Later, the apartment was rented to Marines stationed at El Toro Marine Base. I recall the stairs to the entrance as a child. In my memory they were always there on the side of the garage where my parents would catch rainwater. We were not allowed to go up those stairs. The unit behind the garage was built by my father roughly between 1945 and 1950. I judge this based on the fact I was bom in 1933 and when my brother John and I were young teenagers my father built the two rooms and bathroom for us to occupy. After we moved away from our old home, the rooms were made available to others. The only person I remember was, (I believe the spelling is) Ms. Grennan, who helped take care of my parents to the very end. In fact, she called me about health problems my father was having when we moved him out and sold the house. My father worked at the grammar school as a woodshop, boys' athletics and natural science teacher. He was an Eagle Scout, a Scout Master and a Deacon with the Presbyterian Church in Tustin. He was often involved in construction work in and around Tustin. He was in every way a faithful law-abiding citizen. Sincerely, Robert S. Gaylord 1 —I r TL 11 ti 1 —I r TL 11 slz= Community Development Department July 23, 1998 Mr. Nathan Menard 345 West 6th Street Tustin, CA 92780 SUBJECT: 345 WEST 6TH STREET Dear Mr. Menard: City of Tustin 300 Centennial Way Tustin, CA 92780 (714) 573-3100 On July 21, 1998 we received your request for a zoning compliance letter for 345 West 6th Street, Tustin. The subject property is currently zoned Single Family Residential (R-1), which permits single family residences. Second single family dwellings may be considered in the R-1 District on properties with more than 12,000 square feet of lot area, compliance with several other development standards, and the approval of a Conditional Use Permit (TCC Sec. 9233(B)(1)). Our records indicate that the main residence was constructed in 1929. We also have on file various building permits for the duplex on the rear of the property, dating back to 1964. However, there is no record of an approved Conditional Use Permit for the use. As such, the duplex is considered to be a non -conforming use. Pursuant to Tustin City Code Section 9273(C), non -conforming buildings destroyed to the extent of more than 50 percent of its value by a catastrophic event may be restored or used only in compliance with the regulations existing in the district wherein it is located. See attached Code sections. If you have questions or need additional information, please contact me at (714) 573-3118. Sincerely, Bradley J Assistant Attachment: Tustin City Code Sections 9223 and 9273 BE:345West6th.doc ENO ."T•l:Iivi14Ll19•] PC Staff Report and Attachments from October 26, 2010 ITEM #3 �Y O.APPEAL HEARING V G0��i 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 Pack 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 6th 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: Single story main house (1,342 sq. ft.) Two-story garage (16'5" x 18') with a studio apartment (309 sq. ft.) above Third unit (325 sq. ft.) located at ground level to the rear (west) of the garage Detached storage/recreation room (298 sq. ft.) located directly behind the main house along the north property line Small detached storage unit located along the rear west property line (approx. 150 sq. ft.) (not to scale on plan) 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 W0/10) / tr.w / / .Ir / I ].V . Ix' / 'J' / Site Photos at 520 Pacific Street (Additional site photos in Attachment D) View from Pacific Street: Main house, carport, and two-story garage SITE PLAN NTS A k%I411F4 ♦ .� NOEWTn r lmwzx ♦ / Ir.nw/ w,an-rxYmwrv.v xll ♦ MAIN ren.awxvxx / 7. / in.+� NE51UIiNCN Mµvxevlivxtr l 4 � �nwrr tuxnne uwr w ♦ / ]d / Irc x1¢rIWNNrt 9f / 1'd" / NlAOC6Y MWNr LN \ .� \ rnnnvYlYCY _ZV IM.tlY V').Y. 4 4�WWfi1 tY]VFYNI) - 414'!1\I11MI1 ,Y ITII rAxl:lAllA' ^ r 'xuI 1 r Wii 1 - \ ♦ I ].V . Ix' / 'J' / Site Photos at 520 Pacific Street (Additional site photos in Attachment D) View from Pacific Street: Main house, carport, and two-story garage SITE PLAN NTS 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 7 ;, 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 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 1929 or 29- House 1926 constructed 1930 1925 1927 City 1929 Building 1931 Incorporation Code Adoptcd 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 Pack 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 Issue applicable photos 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 Cade from R3 (single family Section 102 Unsafe •-^ �• 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 A105.1 — Permits work done without required) Bathroom C pennits in upper pe C Permits are required to no unit 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 third residential (Requires min. 12,000 buildings used as guest sq. ft, lot; however this rooms, providing no� units tot 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 protectionJil Insufficient requirements. setback to The opening is not PL l permitted as shown; exterior wall is not fire rated; primary (and only) stairway restricts ingress egress in case of fire or other emergency. FUmaCe installed TCC 8100 Adoption of " without required permits 2007 California Building does not meet Code At 05.1 - Permits clearance requirements required and creates a potential 12 fire hazard. Exposed electrical next TCC 8100 Adoption of - to unpermitted furnace 2007 California Building nwhich causes potential Code A105.1 - Permits v fire hazard. required Z 0 N a c 0 U m Electrical device nexI to healer 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 �f upper unit installed without 2007 California Building permits. Permits are Code Al 05.1 - Permits required to insure that required Ilk 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 X007 California Building '+ requires a building Code At 06,1— Permits permit to add additional required) 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 Al05.1— Permits compliant with Building required posts p 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 m 2007 California Building Code 1013 Guards— guards shall be located along open -sided walking surfaces Including stairways c located more than 30 Inches above the grade below There is no property 2007 CBC Section O line firewall separation 1024.3 Exit discharge between staircase and location Window at PL the property line. requires 5ft setback The staircase is built TCC 9223b2(e) requires over the property line 5 fl, 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 l 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 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 structural undersized to provide along block fence rather 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 -.z, 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 r 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 C additional hazards to occupants since the m occupancy changes with a tri-plex (common terminolo Unsupported electrical TCC 8100 Adoption of r metal conduit (EMT) 2007 California Building Unsupported between garage and Code Al 05.1 — 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. - --c Electrical wiring: 2007 CEC Article 334.15 w 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 amn �! In 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 802 rating requirement; 5 Fre-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 then 3 feet) an emergency. TCC 9223b2 minimum side yard setback 5 feet Min. 5 fi setback required (zero - 4 ft provided) Heater installed with a TCC 8100 Adoption of gas fine without permits 2007 Califomia Building It Is installed on a Code At 05.1 -Permits combustible wood sided required a wall which poses a Subject to manufacture's Heater m potential fire hazard due installation standards and installed v to the combustible mechanical/plumbing w/o material permit .��,�,, permit Ceiling heights vary and 2007 CMC Section do not meet the 7'8" 1208.2 Ceiling height - - height requirement minimum Gelling height does not meet min. 7'8" Appeal 520 Pacific Street October 26, 2010 Page 14 Location Code Compliance Code Sections Photos Issue applicable Improper and 2007 CFC Section 805.5 _ substandard electrical Extension Cords wiring without permit - Power strip next to V kitchen sink where a s 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 (i.e. plumbing, electrical, guest unit etc.) Unsecured and exposed 2007 CMC Section m 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 line inside unit L —, 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 C Z Walls Based on Fire W Separation Distance and Table 704.8 Maximum Area of Exterior Wall '0 Openings - m m — Combustible material installed between walls PH iii 9 !II 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 v heat and light cooking. Therefore, it requires sufficient light, ventilation heat, etc v Ceiling height is too low 2007 CMC Section E and should be a 1208.2 minimum 7'6" 8 minimum 7'6" c 0 m - d rc 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 Pack 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 7 e2 Y Aienry Huang, P.P, C.B.O. wilding Official (z1. r4� 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 SACddVlmy\Code Enforcemenl1520 PacificlPC Agenda Appeaftaring 520 Pacific doc ATTACHMENT A 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: 520 Pacific Street Assessor Parcel Number: 401-371-07 Case Number: V70-0312 Dear Mr. Fairbanks, TUSTIN msrnuY BUILDING OUR FD"rURE 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.urg Notice and Order at 520 Padfic Street September 10, 2010 came 0 VIO-0312 Page 2 Me: : 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. Sincerely BrKd Ste1je�n�`I'n^e Code Enforcement Officer Attachments: Exhibit A — Administrative Citation Information Exhibit B — Code Violations cc: Amy Thomas, Senior Planner/Code Enforcement Supervisor Community Development Department EXHIBIT A Administrative Madan Process TUSTIN BUILDING OUR FUTURE HONORING OUR PAST In accordance with Tustin City CWe (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 violation. Building and Safety Code (TCC Sec. 8100 — 8999) violations may be assessed at $100.00 for a first violation; $800.00 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 pamon(s) a criminal citation andlor abating the vlolation(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 date specified in the administrative citation: 1) Correct the violation, pay the corresponding fins(s), and contact the City to request a to - Inspection, or 2) Pay the corresponding fine(s) and request an extension of time in writing pursuant to TCC I I85(b), which shows s 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 flne(s). Request for Hearing forms and other information on Administrative Citations may be obtained on the City's website at www.tus#ncs.ora. 300 Ccntcnnial Way, Tustin, CA 92780 0 P:(714)573-3100 • R(714)573-3113 • www.tustinca.org NWce mW We,W 520 F.ai st'.1 sew.T ' 15.:010 Co.. MV10J 12 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 of 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 ? 9j 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 unpernitted 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. 1 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, J Bret Fairbanks FAM U1 4cm`LIA kii Cal Site Plan dated 8/30/10 , , ,� \�|jig § > � « I wl ��| ± ; Q � - /j \) �- #ACLFI STIR PET | FAIRBANKS RESIDENCE , Ba PACIFIC @ne ! |; ms % CALIFORNIA 92780 m• s , ,� ATTACHMENT D Photos taken during Sept 10, 2010 inspection th All -, VA:,;, � I i ol 744 -rte. f ' � A 73d i wli i 1 It W27 „i W27 _Ir IIII.� V --- n f r-- 1 �r� N I ATTACHMENT E City of Tustin Historical Survey for 520 Pacific Street ADDRESS: 5'F.0 PACIITC ST OATS% 1929 STYLE: t'.ALBrORNIA BUNGALOW SOURCE: RATING: f C ALTERATIONS: F HISTORICAL DISTRICT: Y13S COMMENT: OESCRIPTION: CITY (OF TUSTIN HISTORICAL SURVEY 'fhe single -storied house at 520 Is topped with a frost facing gabled roof and snatching centered porch. A small louvered vent is centered bellow the peak Shiplep siding, in a style made in the 40's and 50's, covers the gables, indicating that the roof is not .xiginal. Narrow clapboard siding covers the first floor exterior. Square posts, resting on tapered clapboard -dad piers, support dtu roof. The macrem porch extends to each side, topped with pergolas. The front door features a mullioned border and is flaked by large plate glass windows. Double -hung windows are used throughout the rest of the bouse. A red brick chimney on the south nide is flanked by windows. A carport and a two-story clapboard -clad garage are located on the south side, behind the house. The garage, which appears to be original, is topped with a gabled roof with a hip at the peak. The siding is narrow clapboard, which m wus to indicate that the hoose 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 Padfic Street which were subdivided by Harry Merida. He was the son of Richard and Edea Marple, fruit growers, who owned an orchard on this property from 1903 until the property passed to Harry is 1924. He dedicated a strip down the center, from Main to Sixth Streets. for the extension of Pacific Sorest. i le sold this lot to George Gaylord in 1929. The Gaylords received a completion notice on their he= that same year. George was a well -Wuxi wood shop and physical education instructor at the Tustin Grammer School for several years. After he retired in the 1950's, he becacs a carpenter. The Gaylords were still living in the house in 1965. This bungalow fits well into the sueescape of the Tustin Historic District and contributes to the tree -lined shat because it is of an appropriate size and scale. ATTACHMENT F July 27, 2010, letter from Mr. Bret Fairbanks E July 27, 2010 City of Tustin Community Development Department Justin Wilkom, Principal Planner Dear Ms. Wilkom. My name is Bret Fairbanks and 1 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 %x, 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 j 'sign Type Codes tested By 101 - Single Family Residence Address 3. k) F�U eF*/cv . 102 - Multi Family 199 - Misc. Improvements Phone ( ) Signature PUBLIC SERVICE INFORMATION FORM MULTI FAMILY RESIDENTIAL 1 1 2 1 3KINISHEJIBLOG 7 8 9 10 11 12 13 14 APN BLDG# CONSTZE"1SSIZE YEAR2ND F BLDG 3RD FL BLDG BLDG SIZE SIZE 4TH FL 5TH/UP UNIT MIX GARAGE/ CRPRT SIZE POOL YIN LAND SIZE 4 ot m qT7 31 ILI i f m D C =F r m 0 A QUATTROPRO Check Amount $ Cash Amount $ Mailed Date By 7 -7 MISCELLANEOUS STRUCI ..cdplba Yr. Hoar Dlmemlam An. / Cf w alDawb Wall Nu = do 3sv g7 rwe5'=ua ., I.. . - c ✓ rao � I_xb Ia q.L. I YR' - RCLNIS AV .rsnv on-� raea-eowf .rco. ��.r.. 4.A. -I 'norrp /4 �9u Nod1 YEAR r,RyRp.. s Trace _ kpl(l _.. At.6ead' _ -- cRa4 O up 9 /390 It - a Call dEld t✓ 0 • ROSIORNCR UNITI V 0.ryryN�f M PN _ Nom, AOOPHI tow �-Shad Hlp 6ab and Rare, CW Up RI.e n.�Me TSlhhate .4t14 Ad Gnral GbraY� hRRR - Alum. INTWIOR UdIn4Wd Plxlar Dq.Wdf Ir. IJ Zdd / WALL$ FgaM 1- z Y y G rump OEfWRtP SNCCO. " Ma}/1414 W,fn _ tdt4 P�py — ShnlNq:✓ JHP,ypyyf .�yud p��L. - i"1rO - CalmTde "d st FOUNDATION Rock 'IN PLOOF_ erGNmx i Oou" wead Thick OP. A.. P- Ci61Na: ... Opart H%m Acttr'.1s. _PWIrt '. 2.d FLOOR tWda o— ! L Deubla- HHaa�dinod /� Mick oP: cY. _. LItl1NGRM DIN PAMILP RM /EGRUOMi ...- T -T -_ — T Owmrr - R,147HEa 1 I r RAIHROOM Ftw . e remit - ow J L Wd4 _ —.&f U. RIMARq U96D. ArrH_ g4)'An Tdlet' ?D 'norrp /4 �9u Nod1 YEAR r,RyRp.. �aep A1dpM.- Caol'. _.. At.6ead' _ -- cRa4 O up 9 /390 It - a Call dEld t✓ 0 • y/ ?D 78 A-r6e 10A -e) 700 37,1 aeo /390 990 'e• -Pr -1. __ ..__ . � �i _ -. .� OF jig COUNTY ASSESSOR MULTIPLE ROWDENTIAL UNIT APPRAISAL RECC 80 i - TRACT fAp. No. 001.371.07 T_. LOT SIDE OF - BLOCK PROJECT NO. LAND VALUE COMPUTATIONS LAND OR UNIT AT VEAp L•Wr I UNIT LN.bf au'6 A,eepwexr Yeah _ -�'--�—. /'9 ;t� .. .. , ennl Gry APIMIEDI a nLM> I.YRn> LI RETFp:JIHIeCrvF 'r"�' 1�0 �" pl IMAGULMI 'C'! r 40 :q, 1 GULL NII rm NO A,eepwexr Yeah _ -�'--�—. /'9 ;t� .. /92P... 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Sa IIaWTa molt n _ -?SINE. 7A[L ry ❑ NG ENRLPYfE 1001,41,111,ir� e�— ,TIFLE .a OIEL,Iemllk » FLCON % W !4 AREA I}- Iw NO N AN Tv 191 FLOOR % A' 1NIT ROOMIAM 155 Fl nN6A 4W �P }0 !AN i OFF 11 GLPLOr_vi IIIBAN rw TOT FONCN b I I'— l5N ANN/6TAI.5 Itl G E y"fM KFIiilHi ' YES NO . IRI CEM1, I NILl STON VEM,_1LCK_...F Iw FP CM I 1 110 Fi. NIT COeI till EE. FLW. Cas+ I.L NNtt INWINtl B 4 C B86CRIITION STAIL, 4"V 15 L'1N FCViiiLlp Ip: OPEN PA, 6 INT i-I11LSAi ]:0:. VFwAeF4yOEt I IIII INCRYdTG 1 1161 RFC ' M alip"Iob 111. ul OEPNTYPr e ITEM R SNINCLi F 5VAI, G�10. CL dodni GOVT 04121 —1 nT CANADA Ai EU.,ONAL I'LAMPO r IIF ]AN ANN, . _ _ IORA-41 IM CARPORT OC. It CARPO", CAMO!EW A NAP vola AA WgNNMAN,XIIBASIC • _ - _ N POIIM /6NC6 5 EF 4 am .._ IM•F00. COOT __..._ ipi'nOOL rPrR. COST DATA Ba: y AnBCEwuBouB aTBBeruw Iw "vOf.A OAR • 6 PILI iwIG1.Nl0E Y,OF+ C(roi 6 POGT ttEECPIPTTM F12E NAl IMN. COEf N[I. INIT CObT 'LOON — LV IF C. car. _ __ 'Nadi COOT 6 GWNIRT[ NAI ''.• Alf VA. Nie a}�n- a _NLacN N rrni 1 main AI; ,r 'kw THW�A CLAN FL AREAF UNITSONdT MOO. 0 Ni OF Fla. IN TOTAL NO, NdNrK UNIT, ' 1 . N IIOCII % .s�cai+ F`O.TON ANA AOI, EMSrOP WILD CIOVIST I c+ON Ap &A,IC — WIO COST IIAMA INdA AW. FACION GPWP 60X6:. F¢ION y[m eNT M FL MFA » FLCON % W !4 AREA I}- Iw NO N AN Tv 191 FLOOR % 1 155 Fl nN6A _ IW NU. 05 UNI IN rw TOT FONCN b l5N ANN/6TAI.5 !� ?f.5 • INi A.0 C6NT. .. Z1 ' YES NO . IRI CEM1, Y69 I NO 1^jl IW I Am cONT�K— Iw FP CM I 1 110 Fi. NIT COeI till EE. FLW. Cas+ 1 1151 I',ON PAT, I • _ Ip: OPEN PA, 6 I IIII INCRYdTG 1 1161 RFC ' e ITEM O� ItE.V r FAC MRFO <ICgT � YA... bNIT /R._... I Id I Put"'O RM S MET1 GOVT 04121 —1 nT CANADA r IIF ]AN ANN, . I15 CAN f(y.l fi 'lv K _ IM CARPORT OC. It CARPO", _. F3 P A LRFA , vola h • _ - _ N POIIM /6NC6 5 EF 4 am .._ IM•F00. COOT __..._ ipi'nOOL rPrR. • ':b OC:Cn COd? Iw "vOf.A OAR • PILI iwIG1.Nl0E Y,OF+ -±TnQR I LV IF C. car. is IV.. yarn HN 1, .mr, Alf 1* . 1 main AI; ,r 'kw Ti-jeffi— 4#ulta�mo: ATTACHMENT G August 4, 2010, zoning confirmation letter from City staff Community Development Department August 4, 2010 Brett Fairbanks 520 Pacific Street Tustin, CA 92780 SUBJECT: ZONING CONFIRMATION FOR 520 PACIFIC STREET Dear Mr. Fairbanks: TUSTIN 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'h Pacific Street. The City has not assigned a 1/2 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, 00 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 • F: (714) 573-3113 0 www.tustinca.org CC: Elizabeth A. Binsack Dana L. Ogdon Justina 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: Aundiag principals john c, loomis, arehi tcet james c. Wilson, architect principal elwood I. gullcy, 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 ceding 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 ncwpon boulevard — newpurt 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 ATTACHMENT 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). Il. 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 SACdd1AmylCode EnfomemenW20 Pad8d1PC resolution Appeal 520 Padfic.dou 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 Change of units) changes the use or occupancy; 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 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 Al 05.1 — Permits Bathroom work done without required) _ permits n upper c Permits are required to unit w/ no 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. 11Page 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 I{Q protection Insufficient requirements. setback to The opening is not — permitted as shown; PL exterior wall is not fire� `--, rated; primary (and q only) stairway restricts ingress egress in case of fire or other emergency. Furnace Installed TCC 8100 Adoption of " q without required permits 2007 California Building does not meet Code At 05.1 —Permits clearance requirements required and creates a potential t° fire hazard. Exposed electrical next TCC 8100 Adoption of m to unpermitted furnace 2007 California Building awhich causes potential Code A105.1 —Permits m fire hazard. required f .= I o i N V O d re Electrical device nexI 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 u per unit pp 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 dame e, 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 -' k 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 its Railing has no TCC 8100 Adoption of j. Intermediary posts and 2007 California Building No inner the run and rise are not Code Al 05.1 — 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 Code 1013 Guards — guards shall be located y along open -sided walking surfaces including stairways Zlocated more than 30 inches above the grade below w There is no property 2007 CBC Section V line firewall separation 1024.3 Exit discharge o between staircase and location Window at PL the property line. requires 511 u1 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). Built over PL There are several issues associated with the location of this staircase; most +"* J; 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 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 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 bi-plex California Fire Code main house unit pursuant to building Section 102.3 Change of - and garage code fire rating. These use or occupancy,- ccupancy,deficiencies deficienciescreate California Fire Code access hazards for fire Section 102 Unsafe access and may pose Building or Structures .� additional hazards to - - 00 occupants since the m occupancy changes u with a tri-plex (common terminology). Unsupported electrical TCC 8100 Adoption of metal conduit (EMT) 2007 California Building Unsupported pp between garage and Code A105.1 — 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. _ Ui New junction box without � Permits :om .i in 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. (Romex was first used in the 1950's. Color coding (yellow) wasn't available until 2001 Unit does not meet fire 2007 CBC Table 602 L rating requirement; 5 Fire -Resistance Rating . foot setback required to Requirements for Exterior property line to protect Walls Based on Fire l occupants from fire Separation Distance w hazards; or safety (1927 UBC Section 1403, personnel responding to less than 3 feet) "- a an emergency. TCC 9223b2 minimum side yard setback 5 feet .D m Min. 5 it setback ., required (zero - 4 (l 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 R, 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 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 :e e w a c g0 Plumbing added without TCC 8100 Adoption of permit 2007 California Building Code At 05.1 — Permits I required) TCC 9223b2 No cooking Kitchen in rear unit- not permitted p Kitchen is not permitted (per zoning) fac lities permitted in (i.e. plumbing, electrical, guest unit etc.) 6 1 P a g e 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 line inside unit I Insulation is nonrated Wall and opening and is combustible protection 2007 CBC (appears to be straw Table 802 Fire - bale) Resistance Rating Requirements for Exterior Walls Based on Fire � Separation Distance and 2 Table 704.8 Maximum m v_ Area of Exterior Wall tq Openings `m ar Combustible material installed between walls 2010 9 10 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 Ceiling height is too low 2007 CMC Section Z E and should be a 1208.2 minimum 7'8" g minimum 7'8' 0 a m - Ceiling height does not meet minimum Building Code observations are based on a 30 minute cursory andvisual observation of a site visit on September 10, 2010 $:\Cdd\Amy\Code Enforcement\520 Paclfic\Code violations.doc 71 Page 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 ddress:Assessor Parcel Number: Case Number: Dear Mr. Fairbanks, 520 Pacific Street 401-371-07 V10-0312 TUSTIN PWORY 6uiLDING 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: (7f 4) 573-3100 6 F (714) 573-3113 0 www,tustiiica.org Notice and Order al 520 PacPic Street September 10, 2010 Case # V70-0312 Page 2 M 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. Sincerer 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 BUILDING OUR FUTURE HONORING OUR PAJT In accordance with Tustin City Cdde (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 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 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(s). Request for Hearing forms and other information on Administrative Citations May be obtained on the City's website at www.tustinca.oro. 300 Centennial Way, Tustin, CA 92780 0 P:(714)571-3100 • F:(714)573-3113 . www.tustinca.org N.1"S OOMeral 520 PMU4 SIMI Sao.br 16, 2010 Can N V10-0812 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 jumes C. wilson, architect principal elwcod I. guilty, 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'x, 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 newpott boulevard—newportbeach, 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, &I John Loomis Principal 2821 newport boulevard — newport beach, ca 92663 — 949/673.2643 ATTACHMENT PC Resolution No. 4162 �Z�Yi1�Ij�[�1��►C�>[f FYa A RESOLUTION OF THE PLANNING COMMISSION 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 Planning Commission does hereby resolve as follows: 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 Pack 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; Il. 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 5:1CddWny\Code Enformien6520 PadNic\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 Issue applicable photos The use of the property California Fire Code as a triplex (wish 3 Section 102.3 Change ofIF units) changes the use or occupancy; 'A 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 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 strOctures 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 05.1- Permits work done without required) Bathroom in upper permits Permits are required to unit w1 no ED insure that life safety permits protocol is followed and installation is done according to plan. Without such permits and inspeclion, 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 92231J2 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. 1IPag0 EXHIBIT A RESOLUTION NOS, 4161 AND 4162 Location Code Compliance Code Sections Issue applicable Photos The second story wall Section 1403 of TCC construction and 8100 Adoption of 2007 4, windows adjacent to the California Building Code - property line do not comply with fire protection Insufficient requirements. setback to The opening Is not - permitted as shown; PL exterior wall is not fire rated; primary (and only) stairway restricts 4. 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. rn Exposed electrical next TCC 8100 Adoption of - w o to unpermitted furnace 2007 California Building - which causes potential Code A105.1 - Permits fire hazard. required c ` �I 0 m I SIJ O v d N _J I Electrical device J 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 un(t installed without 2007 California Building a permits. Permits are Code A105.1 - Permits - _ required to insure that required life safely 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 P� requires a building Code A105.1 - Permits permit to add additional required square footage (pop - out) and permits for plumbing, and waterproofing. Shower added w/o = - permlts 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 - y poses a potential falling handrails required for hazard for small stairways M children. TCC 8100 Adoption of n 2007 California Building w�--- Code 1013 Guards — guards shall be located m along open -sided o walking surfaces including stairways a located more than 30 inches above the grade below H There There is no property 2007 CBC Section v line firewall separation 1024.3 Exit discharge c between staircase and location window at PL the property line. requires 5ft rn 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). Built Over PL There are several issues associated with the location of this staircase; most imminent is the lack of S 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 drama drained into a separate flooding. storm sewer system 2007 CBC Section 2007 CBC Section J109.4 — Drainage across property line 31Page 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 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 .0 additional hazards to °o. occupants since the occupancy changes with a tri-plex (common terminology). Unsupported electrical TCC 8100 Adoption of f metal conduit (EMT) 2007 California Building Unsupported between garage and Code A106.1 - Pefnrfts 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 Irving 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. \ . Y - _ New junction box without S permits Electrical wiring: 2007 CEC Article 334.15 Romax 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 11950'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 far Exterior F property line to protect Walls Based on Fre occupants from fire Separation Distance z hazards; or safety (1927 UBC Section 1403, 1 3 personnel responding to less than 3 feet) an emergency. TCC 9223b2 minimum side yard setback 5 feet a `m Min. 5 ft setback required (zero - 4 ft provided) 5j Page EXHIBIT A RESOLUTION NOs. 4161 AND 4162 Location 61 Page Issue Heater installed with a gas line without permits It is installed on a combustible wood sided wall which poses a potential fire hazard due to the combustible material Ceiling heights vary do not meet the 7'6" height requirement substandard electrical wiring without permit - Power strip next to kitchen sink where a range might have been previously Plumbing permit Kitchen is not permitted (per zoning) (Le. plumbing, electrical, etc.) 2007 California Building Code At 05.1— Permits required Subject to manufacture's installation standards and mechanical/plumbing permit 1208.2 Ceiling height minimum Extension Cords 2007 California Building Code A105.1 — Permits required) TCC 9223b2 No cooking facilities permitted In guest unit Photon Ceiling height does not meet min. T6" Heater installed w/o permit Kitchen in rear unit- not permitted 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 line inside unit y ti 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 a Walls Based on Fire ro Separation Distance and Table 704.6 Maximum v Area of Exterior Wall Openings Yo m - °C Combustible material installed between walls zaro S m 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 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" Q minimum 7'6" 1 e 0 a oc 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 SACddVsmy\Cade 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: 520 Pacific Street Assessor Parcel Number: 401-371-07 Case Number: V10-0312 Dear Mr. Fairbanks, TUSTI N IIIYTORY 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 (: cntennial Way, Tustin, CA 92780 4 P;(714)574-3100 • F;(714)573-3113 0 www.tuitinca.org Nalke and Order al 520 Pagnc sheet September 15, 2010 Case eV10.0312 Page 2 Mo 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. Sincerer Bred 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 TUS T I N EXHIBIT A Administrative Citation Process BUILDING OUR FUTURE HONORING OUR PAST In accordance with Tustin City Code (TCC) 1182(d), Ones 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 $1,000.00 for a third or any further violation of the same ordinance or permit within one year of the first violation. The City may also take further legal action Including issuing the responsible person(s) a criminal citation and/or abating the viclation(s) with the cost of such abatement andlor prosecution assessed against the responsible person($), the property owner(a), 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 date specified in the administrative citation: 1) Correct the violation, pay the corresponding fine(a), 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 11811 within ten (10) days from the date of the administrable citation, together with an advanced deposit of the corresponding fine(a). Request for Hearing forms and other information on Administrative Citations may be obtained on the City's website at wywr ,lustinca.om. 300 Centennial Way, Tustin, CA 92780 0 !?r(714)573-3100 • F:(714)573-3113 0 www tustinca.org N.Ilca aM ON 1.1 520 Pw Shoal Sap1aM '16,2010 C..•v10+ 12 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 I. galley, 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, IA-,— John Loomis Principal 2821 newport boulevard — nowport beach, ca 92663 — 949/673-2643 ATTACHMENT E 440 Pacific Street opposition petition REF: 440 S. PACIFIC, TUSTIN PERMIT FOR GUEST HOUSE WE ARE AGAINEST the variance permit to build a guest house located at 440 S. Pacific Street, Tustin, California. Owner of record: Jose L. Martinez & Evelyn Leong Martinez James F. Gominsky Sr. Eleanor A. Gominsky 530 S. Pacific St. Tustin, California Doris M. Smith 470 S. Pacific St. Tustin, California Bret S. Fairbanks Stephanie A. Fairbanks 520 S. Pacific St. Tustin, California Steven A. Flores Grace Flores 560 Pacific St. Tustin, California Sienature Date Don H. Matsubayashi Tjl� 6,pd Ing Kiyoko Matsubayashi %1w\ % (Al ,,. � , ,N nii 435 S. Pacific St.G Tustin, California P�rni,td Michael T. O'Brien Nathalie Neary O'Brien 545 S. Pacific St. Tustin, California OM VI Miuling Maureen Li Douglas A. Schaller 535 S. Pacific St. Tustin, California R Michael Smith 455 S. Pacific St. Tustin, California Shealan Spencer James Spencer 515 S. Pacific St. / Tustin, California (, Patrick C. Harris 445 S. Pacific St. Tustin, California Stephen C. Jones Sharon A. Jones 520 S. Main St. Tustin, California Vides 410 S. Pacific St. Tustin, California A Sienature Date _- ��- , •-•eve � i 0 .7 ATTACHMENT F 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: I. 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. The Planning Commission continued the item to November 9, 2010 meeting and directed staff to do additional research on the property and to meet with Mr. Fairbanks to discuss possible alternatives to resolve the appeal. I. That on November 9, 2010, 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. J. 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. K. 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. L. 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: Resolution No. 4161 Page 3 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. 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. N. 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; O. That the extent of repairs ordered by the Enforcement Officer are appropriate for the property; P. That the time limitations for starting and completing the repairs are reasonable; Q. 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). II. 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: Resolution No. 4161 Page 4 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, to permit the owner additional time to hire a professional to prepare plans and process and obtain the necessary permits for compliance with the Tustin City Code. PASSED AND ADOPTED by the Board of Appeals of the City of Tustin, at a regular meeting on the 9th day of November, 2010. 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 9th day of November, 2010. Y. Henry Huang, P.E., C.B.O. Building Official S:\Cddl4my\Code Enforcement\520 Pacific\PC resolution Appeal 520 Pacifc.docx EXHIBIT A OF RESOLUTION NO. 4161 Table 1: Code Compliance Issues Revised (11/9/10) N - N °�cnm`m w. 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N U «L c6 O C y .p O O L "O 'y y N C T'�� n. O.H a 41 E m $ (5 0 oma N w v@ a Uo- G� m .� ..m .y � U r w O m -A C -- � :t o�o'�a�O1�3c�5c �o>Ed �'=rncN0E�.o0 w0 m9mag o4 .0 Y a s W > C OC m N d CL U -M m 0 N -.O O O ei f0 O@ y 7 w y N y E C a«Loc•-m MEC o (n E o a c m c 3 m v m U m a o 0 N 0 O N S O O Q 'e N a O C `• m (O O m m C@@ N E Y x O O o O� d• N c y m@ p- y N O, c N p C C I� O •gym .. p u3 o:3my.c_E=' C Ua0o `o'U-O o�2 m. G N R N G E E M M C %1 - N (mi O C c E d, CL ED co cm Em m°m�o°DE�FyN0 mE p U -@LIOQ •� c@cow a�._NOJ `7 UN U I� C^ U O x N N O t� U n a@C � C U m Ypp ._ � r W N� �Oo'N U Ct CL'mO� Q 1:3 h2v vii U 9 @ > O vU 0 m d N O y @ � N 52 - y a C N� Old tO V w cam m o> _ m o 3 y a s N` c L o ) IF @ =mac cam I -L w yr UmE c 0 o;Sun del;uepesaa jean (payoe;ap) woof uol;ee.ioea J EXHIBIT B OF RESOLUTION NO. 4161 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 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 • P: (714) 573-3100 0 F: (714) 573-3113 0 www.tustinca.org Notice and Omer at 520 Pac10c Street September 18, 2010 Case;/ V10-0312 Page 2 Ie; 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 EXHIBIT A Administrative Citation Process TUSTIN BUILDING OUR FUTURE HONORING OUR PAST In accordance with Tuatin City Cdde (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 some ordinance or permit within ons year of the first violatkm: Building and Safety Code (TCC Sec. 8100 — 8999) violations may be assessed at $100.00 for a first violation; $800.00 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 Citymay 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 lion. 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). Addidonally, 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- Inspedlon, or 2) Pay the corresponding fins(s) and request an extension of time In writing pursuant to TCC I I65(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 tilt corresponding flne(s). Request for Hearing fors and other information on Administrative Citations May be obtained on the City's website at www.tustinca.ora. 300 Centennial Way, Tustin, CA 92780 0 R (714) 573.3100 • F!(714)573-3113 • www.custinca.org Nolic n OIX rcl 520 Pectic Slro l Seplembw 16, 2010 Csu N 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 8223(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 8223(b)(2)(d) — Single Family Residential District (R-1) Minimum aide 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: f6anding principals john c. loomis, architect jamcs c. wilson, architect principal elwood I. galley, 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, John Loomis Principal 2821 newport boulevard — newport beach, ca 92663 — 949/673-2643 ATTACHMENT G PC Resolution No. 4162 RESOLUTION NO. 4162 A RESOLUTION OF THE PLANNING COMMISSION 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 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. The Planning Commission continued the item to November 9, 2010 meeting and directed staff to do additional research on the property and to meet with Mr. Fairbanks to discuss possible alternatives to resolve the appeal. K. That on November 9, 2010, 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. L. 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; M. 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 Resolution No. 4162 Page 3 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; N. 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; O. 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. P. 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. Q. 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. R. 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). S. That the appeal is exempt from the California Environmental Quality Act (CEQA) in that the appeal is not considered a project under CEQA Guidelines; Il. 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: Resolution No. 4162 Page 4 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, to permit the owner additional time to hire a professional to prepare plans and process and obtain the necessary permits for compliance with the Tustin City Code. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the gth day of November, 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 gth day of November, 2010. ELIZABETH A. BINSACK Planning Commission Secretary S:\Cdd\Amy\Code EnforcemenM20 Paclfic\PC resolution Appeal 520 Pacific.docx EXHIBIT A OF RESOLUTION NO. 4162 Table 1: Code Compliance Issues Revised (11/9/10) N d y U C (0 CL O U N -a U ri a F�- yy _ U 24 a° c Cl r y .- �" rno 0 1 :3 `0 3 CL jr ;W1 O D C D C O D .E NCL DS N cu cn 00 � > . m G�N Ld S �LN V� MC0a 0 oo.° O .'^C+ od ' LN 0 N 3c j a N O 0 'E lstN mON O TLN Tmm 4 0 a m 0d a) d U dC Da OZ 0 00 UU0 tOL N 2 M •'•oCO= 0 -5 U N VN c°d N 2 �N N 0U O'Q N U m ON m LaOc, 0= 0 u 2 m D ^. D 2 U 0 D 2 N 2 7 N O G7 �_ O D O N p �. 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F- (D a{ L) ms:r§ 2k2#:fmcu o) o a ;,__;�-_E =)olg�lN.2 ,g;®,aG, \0 §\(§fk//$) __ \ƒ}f)/)({k() )) \j ;�. _ lellueplsej _, 1 c ©wpm_ -w2E 0 :{ga -�_ -! /2)ifl7�a e2;§ °`-6- a§ �|_ �� a ;oke«»w _ ;k {§&=! °°`� 3Ra/a! a{ L) ms:r§ 2k2#:fmcu o) o a ;,__;�-_E =)olg�lN.2 ,g;®,aG, n® §\(§fk//$) __ \ƒ}f)/)({k() )) E /u - 03: $f//{ {\{ 0 « li;f; R¥K \\ƒ _ lellueplsej _, 1 c ©wpm_ 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: 520 Pacific Street Assessor Parcel Number: 401-371-07 Case Number: V10-0312 Dear Mr. Fairbanks, 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 • P. (714) 573-3100 e F: (714) 573-3113 0 www,tustinca.org Notice and Order at 520 Pacific Street September 16, 2010 Case # V10-0312 Page 2 E 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. Sincerer Br9d 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 Cltadon Process BUILDING OUR FUTURE HONORING OUR PAST In accordance with Tustin City Cede (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 some 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 alien. Should an administrative citation be issued, the responsible person has ten (10) days from the date of the administrative citation to pay the corresponding fins(s). 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(s). Request for Hearing forms and other information on Administrative Citations may be obtained on the City's website at www.tustinra.oro. 300 Centennial Way, Tustin, CA 92780 0 P:(714)573-3100 • F:(714)573-3113 • www.tustinca.org Notice and Order at 520 P.fc Street September 15, 2010 Case 0 V1 M312 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 8223(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, arohitect james c. wilson, arohitect principal elwood I, 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, John Loomis Principal 2821 newport boulevard — newport beach, ca 92663 — 949/673-2643