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HomeMy WebLinkAbout05 Continued Appeal 520 PacificITEM #5 APPEAL HEARING AGENDA REPORT MEETING DATE: DECEMBER 14, 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: CONTINUED APPEAL OF NOTICE AND ORDER AT 520 PACIFIC STREET (CONTINUED FROM OCTOBER 26, 2010 AND NOVEMBER 9, 2010) BACKGROUND AND DISCUSSION: 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 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 may consider the appeal of the Notice and Order acting in its capacity as the Board of Appeals in considering Building Code violations and as the appeal hearing body for Zoning Code violations. 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. However, these correction measures were not acceptable to the appellant. On November 9, 2010, the Planning Commission/Board of Appeals considered the continued appeal of the Notice and Order then directed staff to prepare resolutions with supporting documents and findings to determine that the use can be considered as nonconforming and also directed the appellant to schedule an inspection to determine and subsequently comply with applicable building codes. Appeal 520 Pacific Street December 14, 2010 Page 2 The resolutions (Resolution Nos. 4161 and 4162) are attached hereto in Attachment A and Attachment B. Pursuant to TCC Sec. 9273(b), the property owners must provide a statement, under oath, on a form submitted for said purpose, setting forth a detailed description of the nonconforming structures and uses. On December 2, 2010, a Declaration of Nonconforming Structures and Uses which was reviewed by the City Attorney, was provided to Bret and Stephanie Fairbanks for notarized signature. To date, the document (as attached in Exhibit A of Resolution No. 4162 Conditions of Approval Attachment 1) has not been signed. 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 No. 4161 affirming the Notice and Order for Building Code violations and adopt Resolution No. 4162 (as revised) affirming nonconforming status of certain buildings, structures, and uses at the property at 520 Pacific Street. Amy Thomas, AICP Senior Planner NV [i wringmigm Elizabeth A. Binsack Community Development Director Attachments: A. PC Resolution No. 4161 B. PC Resolution No. 4162 SACdd\PCREP0RT\2010\PC Agenda Appeal 520 Pacific continued.docx ATTACHMENT RESOLUTION NO. 4161 RESOLUTION NO. 4161 A RESOLUTION OF THE BOARD OF APPEALS OF THE CITY OF TUSTIN, AFFIRMING THE NOTICE AND ORDER FOR BUILDING CODE VIOLATIONS AT 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 structures that were not in compliance with Tustin City Code and minimum Building 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 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. However, the correction measures discussed were not acceptable to the appellant; 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 and continued the meeting to December 14, 2010, and directed staff to return with findings to modify the Notice and Order to allow uses established prior to November 6, 1961, of which only the Zoning Code matters were affected; J. That on December 14, 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 and heard testimony from the appellant; K. 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 does not fully apply; or, an equally good or better form of construction is proposed; L. 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 Resolution No. 4161 Page 3 with directions of the Board of Appeals; M. That, on October 26, 2010, November 9, 2010, and December 14, 2010, 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. (Prior staff reports and attachments are attached hereto in Attachment B.) N. 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 July 3, 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. This was the Building Code in effect at the time of original construction; O. That there is substantial evidence that the violations identified in the Notice and Order exist as evidenced by the Building Code violations observed on a cursory and visual observation during a site visit on September 10, 2010, and provided hereto in Attachment A; P. 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; and 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 there were several nonconforming additions and Building Code violations. (Shown in Attachment B). Resolution No. 4161 Page 4 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 Building Code violations related to nonconforming structures subject to the following condition: A. A complete set of plans and engineering calculations prepared by a licensed professional or documentation necessary to demonstrate that the building(s) meet minimum Building Code requirements, as may be reasonably required and as deemed appropriate by the Building Official for the issuance of permits. PASSED AND ADOPTED by the Board of Appeals of the City of Tustin, at a regular meeting on the 14th day of December, 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 14th day of December, 2010. Y. Henry Huang, P.E., C.B.O. 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L-' OLq C d@ Cp O JR o�cmE°'�3cd❑c CO j O C@' A U Y d m N c w �o>€d 'O A N O a O. f vn.V U �crn�o�=�`da d° U E c p �c @@ s N pawn:�c�o«'Esa)m o- d dms;3y rn o'6 w d° r� w� c 3 c N> � 0 O' 0 C N, ry 0 01 'O O V O .p1 O_c T42 d D c C H@ O d U@� 0 N' -O O O E c CD E2 y N y O dcu �.M>»wN8 V a(D ���E � L O" U •- p� Q« O c '- m G d 0 E iq�'oa�=mc3mcpimco 0 C N _ d 0 p 0 I� O y E' p € O C C- Of U m d p y@ �p d tf W 't p N d O d Z @ m '7 C U d d E U) y W y e.:E E �.p c CD to ` m �° aU a'a.dc 'c N mm=m 2' m NO UmPO N'Dm cl Lod O.NN ONxN0 0 C tV'd acO > O C N C a m> 0 O R1 @ L pO m (O 07 c E o t o Ey c E`m m cyE U a d U mac �.L m w t m E c 0 @ p ;iun �eguapisaa jeay (paype;ap) woaA u014e0100a J ATTACHMENT B OF RESOLUTION NO. 4161 Prior staff reports and attachments from October 26, 2010 and November 9, 2010 ITEM #2 APPEALHEARING AGENDA REPov-,T- mow. 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 (CNBC 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 All 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 U BC Sec. 3707 Warm Air Furnaces • 1927 UBC Sec. 3714 Other Sources of Heat TCC 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 Al 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 Combustible material z0i0 s iri installed between walls 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 0 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 Al 05.1 — 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: A. Code Compliance Issues Table with 1927 Edition Uniform Building Code B. January 7, 1929, Notice of Completion C. October 25, 2010, Letter submitted at Planning Commission Meeting from Bret Fairbanks D. PC Staff Report and Attachments from October 26, 2010 E. 440 Pacific Street opposition petition F. PC Resolution No. 4161 G. PC Resolution No. 4162 SACdd\PCREP0RT\2010\PC Agenda Appeal 520 Pacific continued.docx ATTACHMENT A Code Compliance Issues Table with 1927 Edition Uniform Building Code R u ti .(D m N �- C a O) O N 0 3 o -, CL . -. and (D% c – ° d) t: d c 0) c d O Z, .mC -p -p .p C '{p 16 m y C n v 675. N cd wD C a)poo wN=mE2 m C$~ m W V C C a wC§ .01 d 0 0` m N 'd0 h O y. 'w V r N w c °c S E g E 'o 0 C N d N ° y oS ca�`)av 'm° u3 m '� E 2_` c m CL I,_ '�' a 00rC�� m w�mm mrnccac� mamcmm�o~cE c v�avS m oo0 ?Ma) c ��i� «?m � TioE N f2.1 C ii._ r Lrn'S �`o=o 'J w C a �, d N % gado' :.,ai•6)d. w =dv v'c m d O M C 0 O O 'm O y ra 2 m T !0 L°. N U eL. 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(P84°GeP) wool uogearoaa � ATTACHMENT B January 7, 1929, Notice of Completion RaocrdAd at remnent of Grantee Nos -3, 1923 at 30 VIA. past 6 A.Y., In Book 2160 al, Official Records of Orange CeADAY. Justine MStnay, County Recorder. RUbT Consran, Adele LAtr OOYPARIL Elea Oonliffs 35054 CORPORATION GRANT DM - BANE OF ITALY NATIONAL TPOST AND SAYINON A3300IATION, a national bo.nklag sosooiatioti. in oonalderatlon oI Ten end no/100 Dollar., to It In hand Ptd, the receipt of shish to hereby sokaowledged, doeo hereby grant to OEOAGE GAYLORD and ALICE H. GAYLORD, husband and +U., ae Joint tenants, with right of survivorship, all that reel property .trusted in the County of Orange, $tate of Osllfornln, Gesoribed me follow.l That portion of Lot NPP of the Stafford A Tuatin Tract, as be. on a Yep reoordedhn Book 2, pegs 616 of Nisaellanaoue Records of Los Angeles Gmunty, Callforula, described m beginning at a point on the Nest line of said Lot, 410 feet South of the Northeast corner of said Lot; running thence South along the Neat lino of said Lot 50 feet; thence tact psrnllel to the North line of amid Lot, 200 feat; thence North parallel to the heat line or veld Lot, 50 feet; than-- Rest parallel to the North line of said Lot, 200 feet to the point of bogim As an eppurtsus oa to the above dasorlbed property a right of wy for lngroaa and agrees and for qac and Warerplpe lines and for aieatrio light poles and Wires seer the follow- ing described portion of Lot PYP Of Stafford 6 Tustin Tract, as sbowa on m Yap recorded In Boni 2, page 616 of Yl ecelleneoua Record, of Loa Angeles County, California, described ae beginning at a point on the North line of said Lot OVI, 196,56 feet West of the Northeaut corner of said tat, running thence Southerly parallel to the West line of said Lot, 666.97 font to a ootat on the South 11.0 of Bald Lot, shi eh point Is 200.61 feat West of the South - .net aornerbf said Lot; thence ,feat along the South line Of cold Lot, 60 feet, coxa Or Isle, to a point an raid South line, which in 200 fact Cast of the Southwest corner of sold Lt; thence Northerly along a line par ellal to end 200 Sect ...h of the past it.. of sold Lot, 667.02 feet, to a point on the Borth line of raid Lot; thence Eaet 60 feat, more or luu, to the point of beginning, This conveyance Ss made upon the following expressed oondltlone, let. That no portion of Bald property .bell be at any it.. leaned to or ocouplad by a member of any race other then the Counsel" rano, Yerloane not pexeitted. 2nd. That no atraOtlyrO 61,411 bo emoted upon said property except a dwelling house for the habltmtron of human beings and the ordlnamy outbuildings usually ounotructed CO. use of said property m a dwelling pleo.. 3rt. That no dwelling Or etruc ure for use ns o duelling shall b, erected which -bell coot IPee then 63000.00. 4th. That no dwelling or structure shall be eieotadpn Cold 10t, the front part of which Is nemrsr the front line of amid property than twenty feet, All of the foregoing conditions are declered to be covenente running with the land sDd the Cama ora made for the bee fit of the r ... Inieg property in the eWediviod a of whiah said preyerty Sas part, and in the Asset of a violation of any of amid novonante or conditions, then the title to avid property shall revert to Ins Gr ME -r, With reservation soros said property for water pipe line for irrigating adjoining TO NATE AND TO SOLD to the cold grantees, ae 101Dt tenets with right of i '..:.:rMAlpSitTYPS�IF `3grse�1T ':N st'...,. -Awa"n'v.t is ��� +ei1. �1 17W SIN NITNI98 WRtRlory the BANK OF ITALY NATIONAL TRPBT An SAVIXO0 Umbilk. --' hereunto caused Its corporate name to be signed of Au.latwe4 gn by its Fia raeldAnt AM'd` Offloex, tharsuato 4111T authorized by resolution of its Board Of Diraotoie, r t, day of October, 1929. BANK OP ITALY NATIONAL TRURT AND Rmin AsdpT2�r i; By C. L. COtant Vice -President, -""-, And R. D. !4110. Assistant frust OIflbiff Y State of California .t, ea. � County of OrangO, on this 16th day of Ootober, 1928, before m, R.I. sadtifil(,� ' a Rotary Public In and for said 0amty mod state, regidAbj{: thereln, duly COM11e810120d asd sworn, personally appeared C. L. Octant, knows to am to be '. the Vice-president, and R. D. Pullar, known to me to ba the Assistant Trust Offloar, of th ++F oorpotwtlon described In and that executed the within Lstrument, and known to me to be the persons who ezaouted the within instrument on behalf of the corporation therein Owed, and acknowledged to me that moon corporation executed the sem. r� 1N WITNESS THEREOF, I have hereunto sot my hand and affixed my offiotal .ml, the cs7 and year in this Certlfloate Iirst above written. 1^ ((MAL)) R. I: MrWOKN Notary public In and for said 0ou':ty and Brats. Filed for Dotard et the ragOect of Orentas Nov-3, 1926 ut 30 Ulm. Peet 9 o'clock A,Y and Recorded in Dock 216, Page 66, of Official Records, Orange Ocunty, Q,llfoi¢l%. Justine`. ' Whitney, Reoordmt. By Ruby Cameron, Deputy. Adole Lute COMPARED Ilea Oonllf:e 0 0 0 33055 CORPORATION ORANT DBF,D TITLE GUARANTEE AND TRUST ooMpay, m corporation organised color the less of the i state of California, and having Its principal place of business in the City of Loa Angolea, County Of Los Angeles, state of California, in coneiderstlo, of Tee Dollars (110.(X0) to It In hand paid, the receipt of which is hereby aoknowledged, does hereby GRANT TOt RALPH P. MASH and TRINE MASKIT, husband and wife, as ,joint tenants, all that real property situate to the County Of Orange, Clete of California, affi partloularly described as followaf Lot Twenty-eigbt (26) of Tract Bo. 747, as pax map recorded in Book 22, Page 29 of 1 MSe0eenecue Laps, Roorde of Orange County, � llg California, 1¢ the office of the county Recorder of Bald County. i BAbleet to Oonditione, Reecriotions, Reservations and Rights of way or'Reeord. Reversing an aesemont war the rear throe feet of said promises Io; poles and lines fur the distribution of aleotxl0sl energy, and other public utility linea. I Subject to taxes for the fieoal year 1929-29. _ sub!OOt to County liens and Aeeeaawwnte, if any. Provided, hosev.r, that thio mnveyaaoe to main and accepted upon each of the follOaln� conditions, wblob abell apply to nrd be bindtag upon the Orenteee, thalr Deism, devisees, executot9, edeiniatretore and ¢solps; Elreti Met said premises shall not be cold, Oonvoyed, leasee or rented to, or ocampl by oar person of Afrlown, Mexican at biatlo descent. 300and; That maldprealwes shall be Used for residence prtpoems on1Y, .0 in tjyl NW much, purpoweA shall be designated no tosiAenoa purpose., such p4rpoees shall We amsti,' , U Amwved this 3rD day o1 July, A.D. 1929. t: J. Marks The Pra.tw charged for this Bond Judge of the Superior Court of the Dopiest of Is f1D.00 for Its tare. Drenpv State of Oaliforoio. Btet. of California, Count WsY o. County of pgala e. On this 2nd cry or July, to the Year Ona ,thousand pins eased" and twenty-nine, before me, S. H. Redpeth, a Notary Publis, 1 end for onto County, reeldl'og %harsh, duly commission" and ansa, personally epparrod E. L. Cole, known to me to be the person whop name is subsurlbod to the wltblo pod .meted I st Tent, a• the Attorney In feat of the Royal Indw,lty Company, and a*n uwladg ed to int that be subeorlbed the w" of the Raynl lndGMItY OUmpany thereto as surety end toe own �'sdM as Attorney in feat. IN WITNESS BERREOE, I eI�re hereunto set my hand and affixed my offloiai seal, at my offlae, in and poultry of *n. Agsla., the day and Tarr lest obore wrlttun. ((BVL)) H. H. Redpath Notary Poulin, to no for said Doubly Of Loa Angeles, state of Cellfarntn. MY Ceeb aafon Expires Aug. ea, 1932. State of California, ) )J q. County of Cregge, I do solemnly saver (or nffirm) lost I will support the Coustltutloglf the Smiled State., oral the Oovetitutlon of the Stets of Oallfornle, and that I will faithfully di.eWrge the dutles of Rotary Pullin In no for the gold Ownty ....tding totho beet of V ability. Ban D. Palle.. SubeorlOed and .mora to before me, this 3rd day of July, A.D. 1929. ((OO1RlT 94L)) J. H. Books County Clerk By A. L. pelt Phwat Deputy. Piled Jul 3,1929•J, M. Bnake, OwotY Clark. By H. Deputy. Recorded nt request of Ben B.Patton, Jul 3, 1929, at 53 Min. put 10 A.M. to Book 290, Page 311 Official Roberta of Orange County, Justine Whitney,Couoty Recorder. Benny Heamalbeloh Deputy. 20760 Slee 00311f1e 06XPAUD Adele Lute - 0 0 0 - - - NOTICE CP COMPLETION STATE OF CAL7y0R31A, 3 COUNTY Q CHANGE, ) a.. OEOSOE OAYWRD Ind All" H. GAYLORD, hustmod and wIfo, being first duly Porn; docom. end rayl that they are no., and were upon the 7th day of January, 1929, the "more in fee SIMM of that Pertain goal Dreperry alto. tad 1. the Seer of Tuetln, County of Orange. Deet. Of Salifies ala, nod p.rtloularly d..arabad a. follows, tont, That Wrtim of Eat or of the •Dtafford and Tuatln Traoty. as aboan w a Map repurded to Hook 2, Ponos 618 atld 619 of Hiepallsosous R.pordo of Lw, Angeles County, California, dUorl to *aglnpltu at a point turning on the Rot line of %aid Lot 410 feat South of the Kenn w..t Pormor'at Bald Wtpothenoe South 91009 the went line of amid Wt 5D feet; thenao East parallel to. Elle worth It" of "a Lot 200 feet: tbenoe Eortb parallel to the feat flus .f paid Let 90 feetl thence. East pa»llet to to- North 11n6 of cold Wt ROO'fast to the mint of b.Ndamlag. 7 -- rx�?�. v24U 'aj` TILT ee da" *sown of •old lend, afflente, About the 7th day of Jandary,196, cemented the ereati.b end cpostruo%l m, upon the lead shove desorlbod, of oertnin bpllding ' Lo-slti l d"Illoghoua end garage. y<r -- TEAT Bald buildings Late been dull donetructed, bad the wise Were actually mW104071 � oq too 3rd tlel of July, 1929, and Accepted by the undersigned on the .We day. 6 TBIB lotlas is given in ovrewnae of the yrvrl elov of Beatloq lltl7 of the node of CIVIL Prooedure of thin State. George Gaylord Aline a. Gaylord t SOBSCRIM AND MORN to before to this 3rd Iny of July.1929. ((SNAL)) F. L. Andrews Watery Public In and for said County and State. 11 State of California, ) I ea. I County of Orange, George Oeylurd and Alice B. Gaylord, being first duly sworn, depom god My. %bat they are the owners of the property Beeorlbed in Inc foregoing action; that they boyo road tho Haan And know the content. thereof, end that the sew In true of their own'km.ledgr, George Gaylord Alice B. Collard SCHSORISND AND SWORN to before me this 3rd day ca July, 1929. ((SEAQ) F. L. Andres. Novy Public 1 ie and for aid County cad Stets. Reaordod at Lannert of Owner Jul 3.1929, at 55 Nlv.peat 10 A.N. in Hook 290, Page 312 Official Records of Orange Ownty. Justine Whitney, County Recorder. WaterNesnelh leb, Deputy. Nlas oonliffe 0010'ARND Adele 64tn 0 0 a - - - i 1 1 20791 Sento An., Osiltomla, July 2, 1929. The Board at le regular neva inn. Present Suoen tsar Will," Bmlth, Ohelrsan. 0. a. Macau. John 0. Machell, We. Sobueeoher, GN0.90 Jeffrey and the Clark. TO Hot Owed of Right of Nay. Oo ration of Supenio., Obvpsen, duly eeoonded and carried. Deal for Right of Nay from The Irvine Oomneny, . Corporation, In the Fourth Read District. Wee euo.pted and dealarad m public highs.,, which said reed 1, wore nfrtlo larly a ..ilbed .. follows, to-wltt A strip of lane dirty (60) feet In width aid being thirty (30) feet an each wile of the following described center 11"; •Beglmlmt at Uginenr`e Station 139-34.52 of that certain public highway .0a only know as County Park Read e. laid wt and iwrorad by Orange County In 1921 end 1922, and running thanoo fro. said point of ba laving, W. 26 deg. 191 N., 1423.00 feat to the beginning Of a posy- tengant h.TinR a radius of 2000 feet Sul help, conoare Nuterly; thence, Northerly, along weld curve tbnugb a central eagle of 3 deg. 55', 136.72 feet to s line tmgent; tbap" N. 22 deg. 24' n.. along said tsngeat line, 160.34 feet to an Intersection with the Nyrth- ...tarly line of Irvine'• Rubdlvlaioo as an. on a Wo thers f recorded In Book 1, FMB. b. Wlane1140cnn Record Ups, Record% of Crop" County, California. At the interesotlob of khs 1100. of this right -of -se, with tons, of Ocunty Pert Road, the corners are to be out uttDk the radii as shown on the epooepanying Naps 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 1st. 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 Justina (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 Justina 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 30th 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 helpful 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 Justin 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 he said he would get back to me. On Wednesday September 150', 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 20th, I went down to speak with Henry regarding our original conversation of determining when the home was built. I also spoke with Justina 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 Justina was going to look into when the first 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 THE 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(b)(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: EXISTING AT THE TU%IE 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 first 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 Tom 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 (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. 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 BUIELDING 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. Chapter 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 CHBC 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. 11 Section 8-102.1 Application. The CHBC is applicable to all issues regarding code compliance for qualified historical buildings or properties. paragraph 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 (CHBC) and the Cultural Overlay is to preserve old structures and make sure they are safe and I have done both. SITUATIONS SEMIILAR TO MUNE 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 6" 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 Al 05.1 — 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 than 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. V July 27, 2010 City of Tustin Community Development Department Justine 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 Y2, 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 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 1/2 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, Ryakiontek 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 • P: (714) 573-3100 • F: (714) 573-3113 • www.tustinca.org Community Development Department Seat by first Mass mai! August 13. 2010 Bret S. Fairbanks 520 Pacific Street Tustin. CA 92780-4329 SUBJECT: 520 PACIFIC STREET APN # 401-3744-C7 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. As such: City staff hereby requests to inspect your property. Please contact me at (714) 573-3135 by no later than Tuesday Auqust 24, 2010 to schedule an onsite inspection of your property. Thank you in advance for your cooperation. Sincerely, BVN dSteen�— Code Enforcement Officer Attachment: Letter, dated August 4, 2010 Cc: Amy Thomas, Senior Planner/Code Enforcement Supervisor 300 Centennial Way, Tustin, CA 92780 • P: (714) 573-3100 • F: (714) 573-3113 • 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 v,/;thin 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 athomas(a),tustinca.orq on (or) before Tuesday September 7, 2010 with an update on your pending submittal. Once again, thank you for your continued cooperation. Sincerely, ad 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 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 Pack 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 9 www.tustinca.or¢ Notice and Order at 520 Padltc Street September 16, 2010 Caee t 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 Notiw amt Ordr n 520 Paan Seetl Septeedw 15, 2010 Caw I V70-0312 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 EXHIBIT A Administrative Citation Process TUSTIN BUILDING OUR MURH HONORING OUR PAST In accordance with Tustin City COde (TCC) 1182(d), fines may be assessed by means of an administrative citation as follows: $100.1)0 for a first violation; $200.00 for a second violation of the same ordinance or permit within one year of the f rd violation; or $500.00 for a third or any further violation of the same ordinance or permit within one year of this float violedon. Building and Safety Code (TCC Seo. 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 absting the violadon(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 pennon 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 foilowirg actions to avoid additional penalties prior to the compliance date specified in the administrative citation: 1) Correct the violation, pay the corresponding fine(*), and contact the City to request a re- inspection, or 2) Pay the corresponding fines) and request an extension of time in writing pursuard to TCC 1165(b), which shows a reasonable hardship; or 3) Request a hearing to appeal this administrative citation pursuant to TCC 1188 within ten (10) days tram this data of the administrative citation, together with an advanced deposit of this corresponding fine(s). Request for Hearing forms and other information on Administrable Citations May be obtained on the City's website at www.tustinca.oro. 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 Mr. 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 athomasotustinca.ora. Sincerely, Amy Thomas, AICP Senior Planner cc: Y. Henry Huang, Building Official File 300 Centennial Way, Tustin, CA 92780 • 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 j If you require special accommodations, 'a please contact Tustin City Hall, 300 Centennial Way, Tustin 92780 714-573-3000 ADDRESS: 520 PACIFIC ST DATE: 29 STYLE: CALIFORNIA BUNGALOW SOURCE: RATING: T C ALTERATIONS: F HISTORICAL DISTRICT: YES COMMENT: DESCRIPTION: a 7fY OF TCUJS7[ UN HUSTORIICA L 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 covets 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 ars 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 Maple, 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 still 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. ORANGE COUNTY ASSESSOR MULTIPLE RESIDENTIAL UNIT APPRAIM RECO 61 C ADORNS r7.�.. - ,,.;�'-= TRACT Y M A.P. NO. •i S%�• DNIIRICT Ti' BIOS i0F q oI"m BLOCK PROJECT NO. leENIT LAW VALUE COYPWATFOW LAW 00 UNIT ATTRIKIPIM PATE VUR MT URR VALUE VALUE I maw AMI. - _ • P "flf a Dp co L _ .....--- aLn 12,r ! R}Ix9lxTATIV/ +']R c: mc, AIIT. — • IRREL4IAR M Q BUNIIMY _ _ AEY•EYEMT TUR 1 -i -I � I... l ] CYL-W-CAC M C x0 • CORK11 YEE ❑ NO 4 TR wV YEAR VIM 1C]❑. ■ xa , !!!T `21 C N0 No LAJn V"s`✓ ._ 'Y eRCR. 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DA DATE 21)(3&MI0 REPORTNAME HMT REG NOYIN^71014 m PACIMW Vr RETENTION 2DII M* L,,.A Atjr A:flp4% djjjl Pp 14 ft 17 Page I of I Property Detail Report Property Detail Report for: 520 PACIFIC ST, TUSTIN CA, 92780-4329 Owner Information: Owner Name: FAIRBANKS,BRET S Mailing Address: 520 PACIFIC ST, TUSTIN, CA, 92780.4329 Vesting Code: Page 1 of 1 k-1 DIGITAL MAP Ny„crVbo,,g v tIr TS 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: APN: 40137107 Alternative APN: 40137107 Map Ret Twnshp-Rnge-Sect - - Legal Book/Page: 401-37/ Tract No: Legal Lot: V Legal Block: Subdivison: STAFFORD & TUSTIN TR Last Market Sale Information: Sale Date: 01/03/2005 Sale Price: Sale Doc No: 0000002609 Price Per Sq Ft Transfer Doc No: 0000161105 Price Per Acre: Mu10/Split Sale: 1st Mtg Doc No: Sale Type: FULL CONSIDERATION Deed Type: Fireplace: Title Company: FIRST SOUTHWESTERN TITLE Lender: WASHINGTON MUTUAL FSB Seller Name: LOUIS METRO INTER R E PROPERTI Property Characteristics: Building Area: 1,749 Total Rooms: Living Area: 1,749 Bedrooms Garage Area: Baths: Basement Area: Fireplace: Parking Type: No of Stories: Yr Built/Effective: 1928/ Quality: Pool Code: Tax and Value Information: Assessed Value: $453,539 Assessed Year. Land Value: $274,512 Property Tax: Improvement Value: $179,027 Improvement %: Total Taxable Value: $446,539 Tax Exemption: Site Information: Assessor Acres: 0.2296 Zoning: Assessor Lot SgFt: 10,000 No of Buildings: Assessor Lot W/D: / Res/Comm Units: 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 0755053/3 A4-830 15t Mtg Amount $341,900 131 Mtg Int Type: 20d Mtg Amount $56,800 337621 2nd Mtg Int Type: Construction: Heat Type: Air Cond: Roof Type: Roof Material: Style: 2009 Est Market Val: $556,033 $5,046 Assessor Appd Val: 39.47 HOMEOWNER Land Use: 133 Land Use Desc: MULTI FAMILY DWELLING 3 County Use Code: http://maps.digitahnapcentral.com/production/CityGIS/vO7 02 003/index.html 8/10/2010 -1-1' Design Type Codes 001 - Single Family Residence 002, ulti Family 999 - Misc. Improvements Requested By _ Address ,�?v "iFt Phone Signature PUBLIC SERVICE INFORMATION FORM MULTI FAMILY RESIDENTIAL 1 APN 2 BLDG# 3 CONST YEAR 4 USE CODE 5 DESIGN 6 INISHE BSMT SIZE 1 7 BLDG IZE-1S 2NDF1 8 BLDG SIZE 3RD FL 1 9 BLDG SIZE 4TH FL 10 BLDG SIZE 5TH/UP 11 UNIT MIX 12 13 GARAGE/ CRPRT POOL SIZE Y/N 14 LAND SIZE rc LL o m F m i / ,T.�Y..PEE T,73GXf/U Odd 1,177- L i .✓ f m Ln c c r O m N O F i— — 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 _ JOA �` 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 ($170.80 per year) per dwelling unit. If you have questions regarding this information or would like specific information .regarding your parcel, please call the OCSD "Rate Line" at (714) 593-7281 between 7:30 am and 4:00 pm Monday through Friday. Inquiries may also be made by email at rates(a)ocsd.com, or writing to the OCSD Financial Management Division, 10844 Ellis Ave, Fountain Valley, CA 92708. Please include your name, telephone number, and Parcel Number with any correspondence to help us promptly respond. 1 f1Pdd Rik Avcmm . Fnunt.m \/allmi nA g97nA.7ni P . f79 Al QPg.DAI9 . u . orad mm� LID SEWER CONNECTION APPLICATION (AREA DEVELOPMENT --SINGLE OWNERSNIPI CITY OF TUSTIN r 135 W. Third St. Tustin, California I �< APPLICATION AND PERMIT 6 To be completed by owner or agent and submitted in quin- /' tuplicefe with required fees and plans — see reverse side Applicant, <5 beac e. T G4c yLgrw __ ----_ hereby requests the following connection($) to City's sewerage facilities: Location Lot Nos. Size Type (Soe reverse side for instructions) S2r� I�ACf e,. - - (ja2C - GIYblfq,r Fc9- GV7 s,Qc' CCAJ4.4C1C17Gsl) 2. -- -- - - To._. -- -- 3. Tract No.. Total lots To._. —Estimated date of occupancy— Id commercial or industrial property, total acreage served-- --- --•pp The waste to be discharged to City's sewerage facilifi+s,i of Thdtschefele and ornestic ssour Bill have the following general characteristics as to estimated quantifies, p 9 principal In mak g this application, applicant acknowledges that any permit issued will constitute a contract, if accepted by apps cant/nodmay a enforced by civil action of low and/or injunctcn. Date 4.•�/U �%/- - - �---- SIGNATNnE 1 PERMIT For Connection to City Sewerage Facilities and for Discharge of Domestic Sewage Only Permhslon to construct connection(s) to the sewerage facilities of the City is hereby granted to applicant providing w,:h connnctionisj is made in accordance with plans and specificnfiens hereby approved, and attached hereto: „ further pro+i:iing that request for Impection must be given to the Tustin City Hell (544.7820) at least 24 hours prior to the commencing of any conshuctfon work. This permit also gives the applicant permission to discharge only purely domestic sewage through the The discharge of any industrial or commer- con-« r' ^ecConl,j hereinabove authorized into the sewerage system of the City. .rC cial w,ntc is not authorized without a further and separate permit from the City. Reco,pt of required foes and charges as specified by Orange County Sanitation District No. 7, Ordinance No. 705 w+i is hereby ackn wled od. Data:., � /c� �/ _� -. - _ CITY OF STIN_��-- —---�-'c- I_. Amount Paid $ 40[G _.- aY– a,. APPLICATION FOR PLUMBING PERMIT APP*ANT: PLEASE FILL IN SHADED AONLY — IiSC L':11F I.IBLE PENCIL, BALI. POINT PE"J t OTHER NONE RA,SIRLE SUBSTANCE CITYOF I! APPLICANT FILL IN THIS SHADED AREA " I.:. TUSTINC ONLY — FILL IN COMPLETELY I r?% 6 14 5 uuli3O:Nr.I , •'1'1�1r� PERMIT FEES n rY'.LI1� � '._ • _ —.. _ 1.10 T'IPE JF p' •--�T-)� WA L[R CL"+F.T IiOIIFTI y ACC 96•.::. Y.1 -T:.rtl I IL •r l�r,�,!�y.9D /:'��J,(,, � �j - •� \K�..i_ �/� hlr 'CHIN ST n.l:.:Rf14E 019PI,1: r.l IfI,INIJP\TH Y ej, AUTO WA... hl'.CII 1i KBSEt/ nI G 7r 0151IwA4HEw , .,� � 1•erp Ibe LFRbiCE S,•Jh 11 .. .. .1 •r a'P Ie a n I 11_CUq :IYP. _____ _... ... . _.—. __ •..Y II • I/ i 1R OHnly nn,NrInr X �r vvia IN?•`..� 7I 71? _ Fri, 1 4___ URIN IL J •1 N TT':1 ..NO 'NHP:: • :.W IMM1IIN[i POOL •• .. -- w41'ER • WA1:3fl ::OFiLNERS I` LAWN SPRINKLERS HES. ❑ .:r :. •:• TRAILER HOOK UPS • - 14055 L G OF UT• O OUTS N. FTS NAT G _ ' I wl u . i• % HOUSE SEWER IVALLATIOI\I !� -s Y • . n'. I 1 . I I INA) — __„_ PERMIT ISSUING FEE 5 VIII IIY [(1 N.�11r it ; IIIOr- P P C �� TOTAL ACES PI'HMII VAI iD�•i II!IJ MU WMEV PROPC14LY VALIOATTU I CASH HIS SPACE) THIS IS YOUR PERMIT. APPLICATION FOR BUILDING PERMIT .. A: DL II FNI %.E4SE F ILL IN 5HADED APEA ONLY t---- �! vCC_16LE ;c rlrtL BA LL POINT PCN Oa OTHER NON rcA;ABLE S�.95TAI,CE. — — CITY OF APPLICANT FILL IN THIS SHADED AREA ONLY - FILL IN CQMPLETELY �r S.�yd6ru3ayrLl� NO. AOOWESS CONTRACTOR TEL. f� �ul�ita�v.._D_rG,y-_ RE -3 CITY LIC NO LIC. NO. - _ _ _ �OESCR1P710N 7F WORK USE OP PER OR UE PF PERFORMED 69. F1' STURIES FAMILIES l )NEW OADD _�O ALTER REPAIR ODEM 127 NCA .DG r ♦L Fu .!+_• 0 __�+nOvMi Dt MOCY• A.;w" I F. .rl , �•,.. r rl .•nN! OLISH 9eNF. •_ _ _____.--....--__----� InuYnv.cYnowIWP.InnIo1;... rnQ Me•PPII<•tlnn and •ru•:nn t USIor,t inwrt,G APPP O�JAL afttlF,. flhr,S SmHr yolt' IufyiS A.;w" I F. .rl , �•,.. r rl .•nN! OLISH •_ _ _____.--....--__----� InuYnv.cYnowIWP.InnIo1;... rnQ Me•PPII<•tlnn and •ru•:nn IVSPECPGR on. mw. Inform.unn • con.<t and .Fn. m <omoly wllh •11 APPP O�JAL DATE tlon, and I mail not adl oy •ny rlamid, law. revubtlnbudding r u<m `OJyDAn ON AND ••on wInulaunon df haat worrm.n'< f ST.,. u1011lom4. — tf'"C.pNG I no -by c.rtlfv that I .m oroo.Py II<mud mi • contractor undo -- - a "NG —' ---- — N. Ami. of California Nu.m.0 and Pmleulom Coda. Olvl.lon ], ^YCFO IDf.'LAI Chwin 9, and Tait .u<n Ik... 4. .L In lit'. Forea and eft.<q La.� Pr 1 an, ...mot ham the Provdlom of . state of Cailfon". a00[e�[f r•yG /d / BmI nn. and PrdfaRidn. Coda, Olvl.lon ], Ch.PNr 9. _ — fOLGw /�-- F NATURE PFRMT E X D.• wa;..77 A. .—T— __r.-. --5'- D O aLyR.eaCwy. • •-_._. CITY OF TUSTIN Communtly Development Department— Building Division 300 Centennid Wsy, Tustin CA 92780 Building Counter (714) 573-3131- Inspection Recorder (714) 573-3141 SCALDING PERMIT NUMBER:1191-0499 ADDRESS: 520 PACIFIC ST TUST SUITE ASSESSOR'S PARCEL NUMBER:+40W71-07 SUITE NUMBER.: LOtNUMB@R........ .................:_...;: ,... TRACT NUMBER: DEVELOPMENT AREA.........:..t.i TUSTIN ISSUED BY ............ : PLUMBING PERMIT. OCCUPANT LOAD: DATE ISSUED......: PROPERTY OWNER.. ...... _..._,.....,.: LOUIS METRO INTER R E PROP ERT CONSTRUCTION TYPE.: ID77 WINDSOR LN RESIDENTIAL SQ.FT: 0 TUSTIN CA92780.4329 0 A -I ALL AMERICAN ROOFING 1824 E. CARNEGIE AVE. SANTA ANA. CA92705 (949) 250.1221 JOB DFSCRIPTION- T/O RF, REP W/ 25 YR OAF, 30# FELT, 3.5# -REAR FEB SUMMARY BUILDING PERMIT: .. O.C.P.A. Number.........: 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 Dai. SQ FT: 0 OTHER SQ. FT: 0 NUMBER OF UNITS: I NUMBER OF STORIES: 0 UBC EDITION: 1997 TOTAL FEES: $0.00 NUMBER OF SEATS: . 0 VALUATION...: $0.00 BUILDER VALUATION: $0.00 PLAN CHECK $0.00 FEB SUMMARY BUILDING PERMIT: $0.00 MECH PERMIT: $0,00 PLUMBING PERMIT. $0.00 ELEC PERMIT: $0.00 SIGN PERMIT: $0.00 GRADING PERMIT: $0.00 PRIVATE BNPR: 50.00 NEW DEV. TAX: 50.00 TSIP ZONE A FEE: 50.00 TSB' ZONE B FEE: $0.00 SMTP FEE: $0.00 MICROFILM FEE: 50.00 OCFA FEE: 50.00 PENALTY FEE.: $0.00 REFUNDABLE. BOND: $0.00 MISCELLANEOUS: 50.00 TOTAL FEES: $0.00 LICENSED CONTRACTOR DECLARATION: 1 hereby alnm tlW 1 col • firmer Contrw,nrmder the provisions ofchapW 9 (mnrnorocheg rim Emdoh 7000) ofDivism 3 order Businra d: I4ofemiom Coder W may, licem is io NII force w Ocoee. LICENSE NUMBER: 671922 LICENSE CLASS: Cif RIC Expim DATE:O541112M OWNER BUILDER DECLARATION: 1 hereby aim Wsl l am wccW firm the COnoacbls raceme Law for the following arson (Section 7031.5, Bwice. PufesWes Code: Any City or county which requim • Perrot W cowtruc4 Wer, improve, dernolish, orm air coy reacher, prior to he iaamnce, also repim dee applicant forwch permit w file a signed amlmormt 0m1 be arrive h IirmaJ pursuant W the pwvirims ofthe Contracwh Limnre Law [Chapter 9 (coorn,xing with Section 7000) of Divi im 3 Of Nc Busioem R Pmfemi.m eodel r that he r she is ..pi dae6om W the but fr the s,lcgd wempdm Any violation ofSecdon 7031.5 by coy aWlimn for a permit subjecte the applicant W a civil perky ofml.owe Gun five hwdred dollars (S501101)), m ower OfOm Property, awry MPI"m with wego m deck sole cmpmmbon, will do the work me! the wucharc is rot morseled or Offered for role (Schon 7044. Busirsee R Pmfessiom Cale: dee Contractols License Law des sillapply m en owner ofpcopMwho buil&risomer. lb.. and who clowsuch work himelfar herself. through his Or her Own cmployew, provided des, such an rovemmNw net inrwded err offered fr sale.If, however, the bWWng r impmvanem Is mid within one year of mrrghtioo, the owvcer-Wtlder will love the bud. arpwring that m or she did mot herder r iepove for purp. ofmW). 1..own. Of" properY. m mirively ceemcmg with lirsesel ocsfl Ctm W eorrwuet the prejar(SoesimNWL Bu&inem d: PmfmWw Code: The Connmmra Li. 4W dor cwt apply b an ower ofprop. y whe buil& or hoprovea theome, W who curt for project with • co.s:wr(a) Item pmuwt W the ConuacmYa L.irwe Law). I am wcmyl under Section ,amacmd Pwfeniow Code for the followWl(teame(s): Owner Sigwure Dam: —I hare. W writ minis • certfiraor of cowwl W self-iruum for Workers Compwmliw. m provided fns by Section 370OofNe Labor Code, fm the per soctofft work for which this permit ie toad. 1 love W will momW Workers Coaxpmi.,ed. i, as required by Section 37M ofthc Labor Code, for the perfrmvve ofthe wore for which thio permit uwrcd is. My Wodoh Cump000mim imurmcc crier W Policy Numb. R: POLICY NUMBER: we247E5M COMPANY: WASHINGTON INT. ENS. (This secrim wed trot be canpleld ifthe pmol is f. orhrdred doll�fSpgB),IeaaL sued, l shrill sol employ may person in mY mop.. as co bacmw subject W the Wodore W We Wod Compenmtoe provisisu ofS chm3700 ofthe Lsbor Code, 1"I forthwith comply n.— 1O -S -Cl/ Lha eat of.c.pemtlon, dwoges u p ovidrd for W Sed. ,,I fern up to one hWmd mound dolls,& I. Appllwd. ie hereby rwis to des Bu".8 Officml fres perdt wbjsr to the codidooa W reami.•tiow set forth m thts appiiWm. Esch ponsoci upon whose behsffthh application is ttmde W each person u whose request cod for whom bewfs work is performed sander Or parro st n my permit iswws as • result ofthi& epplMation clover W. W shag icdernity W hold hamlra the City ofTruliq ion -oras, ascots W ecwloyew to accordance with the provisions ofChspm 2 ofd. Uniform Admmsmstve Or& 1 ager rw m occupy or allow omupncy ofmy, building wlhotred by this peonh Wl fiwl mepacdon her been mos(vot l certify sort l have sW 011golication W num list the above Wfommton is mrrvcL lags bconrply wins aB City W Srsor lewsreWbrg to the Wildmgmwtrtiaq W bmvbywmorixe ofihe City to mw upon the dove mmtimrad prop.ry for inspectim cri c.tmtr..Anmadadnam�I�¢^�'^P r Date m — OF ISSUANCE OR IF WORK IS SUSPENDED FOR IM DAYS-- CITY OF TUSTIN Community Developmeot Depvlment— Building Division 300 Centennial Way, Tustin CA 92780 Building Counter (714) 573.3131— Inspection Recorder (714) 573.3141 BUILDING PERMIT NUMBEP-BUI-0487 ADDRESS: 520 PACIFIC ST TUST SUITE ASSESSORS PARCEL NUMBER: 401-371-07 LAT NUMBER ................. _............ : DEVELOPMENT AREA ................: TUSTIN PROPERTY OWNER .....................: BRETT FAIRBANKS 520 S PACIFIC STREET TUSTIN CA927804329 CONTRACTOR A-1 ALL AMERICAN ROOFING 1824 E. CARNEGIE AVB. SANTA ANA, CA92705 (969) 250.1221 SUITE NUMBER...: TRACTNUMBER: ISSUED BY .............: DATE ISSUED.......: 10/302001 JOB DESCREPTION: 1/0 RF, REP W/ 25 YR OAF, 30th FELT, 3.50 - MAIN PER SI7MMARY 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 INDUSTRIAL SQ FT: 0 GARAGE SQ FT: 0 OFFICE SQ FT: 0 WAREHOUSE SQ FT: 0 ROOF SQ FT: 2900 TENANT IMPR. SQ FT: 0 OTHER SQ. FT: 0 NUMBER OF UNITS: I NUMBER OF STORIES: 0 UBC EDITION: 1997 NUMBER OF SEATS: 0 VALUATION...: $7,250.00 BUDDER VALUATION: $6,000.00 PLAN CHECK $0.00 PER SI7MMARY BUILDING PERMIT: $175.00 MECH PERMIT: $0.00 PLUMBING PERMIT: $0.00 ELEC PERMIT: $0.00 SIGN PERMIT: $0.00 GRADING PERMIT: 50.00 PRIVATE IMPR: $0.00 NEW DEV. TAX: $0.00 TSIP ZONE A FEE: 50.00 TSIP ZONE B FEE: $0.00 SMTP FEE: 50.50 MICROFILM FEE: $0.00 OCFA FEE: $0.00 PENALTY FEE.: $0.00 REFUNDABLE BOND: $0.00 MISCELLANEOUS: 50.00 TOTAL FEES: $175.50 LICENSED CONTRACTOR DECLARATION: I hereby aRum than I w • Ikeroed Contrxtar uMan the providom of chaper9l,esnmeslcing wish Secdon 7000) oflHvkka 3 oftbe Bunrwas h Pmfassioas Colo. W my liceee is in foil Tara W effect. LICENSE NUMBER: 671922 LICENSE CLASS: C39 HIC Expire DATE:0019003 OWNER BUILDER DECLARATION: 1 henry efTmm tIW 1 w exempt from du Contlecloe. Li. Law for the Mlev rg reason (Semon 7031.5, Business Professkns Cade' Any City or c.umy which require spursuit to emmsl. sher, import, dwolidt. m repurury a.uc use. prior b its i., also.quirts thv sppnrant In, such pari to file • signed mreemt than be arshc 4licensed pursuant to she p niau ofthe Contractors Licsom law [Chep car 9(commencing with Section 7000) of Division 3 ofthe Business h Professions code] ordind he orshe in orae." thertfiom W the basis for the alleged exernption. Any vidadon ofScction 7031.5 by arty applilsu for. conitsubjects the eppliceot in. civil penalty .foot nam thus five hundred dollars (5500.00). I a owner ofthc reports, or my mmployee with wage as their sok onmpensidon, will do the work and the Rmetnc is W iskndul or olihrtd for mi. (Seen oo 7044, Buds At. Profmimu Code: the Conuuetar's Lias Law doe not apply to an owner of propanty who builds or bnpmvas Ihnwn, sod who doe sob work hhrueHor herself or through his or her own employees, povided tbar smb ieopmvenmta ser not intalded oroRwd for.1L If, however, The building or improvenaa Is sold within one you of onts, ion, the owner -builder will have the burden ofpmving that be orshe did W build or improve for purposes ofasle). _ I, a owner of the property, w exclusively contracting with licrosdl conhaemrs b mashrlm the project (Section 7044. Sentiment Proferions Code: The Contractors Limas Law, dna.1aply to m owner af supon, wlm builds or improve them., and who ennhee6 for such puicubs with a cwdmAbe(s) liceom pmausnl b use Contractors Liecrue Law). I w exempt under Semiml . Business At Profesdmu Code for the following ..IA: OwnerSigosrs: Data. WORKERS' COMPMU71ON DECLARATION: 1 hereby All. colder p®Ity.fperjmy now ofibe following declusnoas: I have ud will sintant • oenifrse a ofansmt m ed4iessurs for Worker's Comperlsstion, u provided for by Section 3706 ofthe labor Cade, for the pesfano®ei.fill, work for which thin purist is iasued. 1 hive W will resistant Workers Compensation kwarm, as required by Section 3700ofd. Labor Code, for The perfineanue oohs work fur which this peterir is issued. ffkk mcdon sad I certify 0 I issue in my rearlrrc in e m become subjectm the Worlanra bout of8ocid. 3700 of Irks labor Code, l doll forthwith amply WARNING: silme t a rt Wmkee. C.mpemston co .V is uslswfo4 W Nan subject m wpkryer to cdmied perWdas yd aiAl flop b ora hundred thousvd dolls ($100,000) k addidon b e mat ofewpestlom damages as provided for in Seeks (3700)of the tabor Code. interest W strums, face IMPORTANT: Application is berth, undo m the BuildiegO fcisl fora permitsubjet to the c. dinev W mmicdorm act fmlh on thb sppliolion. Each person upoo whom bebdfthis application Is rusda W eeh person at wlwm request std forwhom bmefil work is performed uehrar purauaM to my permit anis as a rtudloftlus application agues W W shill Indemnify y W Incl hwralm, the City of Tustin, its offimn, aam% W esnployeca in weendemn with the provisions of Chapter 2 of the Unifow Admildmwdvo Cale. I agent W in occupy or Alm ocrospanay of soy building suNaneed by this pewit will fust Inaction has bas received. i cenify that I ham Led this application W earn teal tlm sbox inforinum is cortnis l tion ur comply within Cary and Sum taws missing m dm building c.muvedon, W hvebyJugmrrse mpeamknvv oron City m mtm upon the have smiooN property, ounces. is so purpose. / Sigrlmue ofOwner,Convector, or Authorized Agml�lJ /ND'f '71 U Dam f0`57-6 ••• BUILDING PERMITS ARE SUBJECT TO P "TON Er ORK IS NOT COMMENCED WRHIN 180 DAYS AFTER DAT OF ISSUANCE OR IF WORK IS SUSPENDED FOR 190 DAYS... CITY OF TUSTIN Community Development Department - Building Division Construction Permit 300 Centennial Way, Triads, CA 92780 Building COUTIVCr (714) 573-3131 all 573-3132 Inspection Recorder(714) 573.3141 ASSESOR'S PARCEL NUMBER: 40137107 ADDRESS: 520 S PACIFIC ST SUITE OR UNIT NO: LOT: TRACT: BLOCK: Conus Treat Number: Redevelopment Area: Property Owner: FAIRBANKS 580 S C ST TUSTIN, CA 92780 Archhan/Engineer: BERNARD ADAMS 714/636-0294 Contractor: OAC -LAND 488 BLAINE W'iDAML:I;FJ CORONA CA 91719 JOB DESCRIPTION: REPLACE EXISTING NASDNRY FIREPLACE Occupancy Group: Industrial Squen Feet: B Occupant Lo.d: Ofllcs Square Fen: 0 Type at Construction: Werermues ST..,. Feet: 0 Residential Square Fast: 0 Garags, Square Fen: 0 Numb. of Unkar 0 Other Square Feet 0 Number o1 Storin: 0 Fintaurent Sharon,: Numbar of Bedrooms: 0 Parking Snce.: CBmmrtclsl Square Feat: IN Acceseibla Parking: valuation: F 9008.00 UBC Edition: 1994 FEE SUMMARY Plan Cheek: $ 93.48 TSIP Zona A Fan S 0.00 Building Parmit: B 160.54 TSIP Zone B Fee: S 0.00 Electrical Permit: S 11- SMIP Fee: B 0.90 Mechanical Parmit: /•/O Micefllm Fes,: S 1.00 Plumbing Permit: S /•/1 OCFD Fee: i 0.00 Sign Permit S 1.ON Refundable Bond: 5 0.00 Grading Permit: B 0.00 Bond Process Fee: B 0.00 nrove Privo Imp. Permit: ' 1. ON Mee iac. F: B 0.00 New Dan nichi meTae: B 0.00 Peehy Fee: B 0.00 Tocol Fa..d 0 263.92 Permit Issued By: IRS Data: 08/87/00 PERMITISI ISSUED AND PERMIT NUMBER(S) B08-0561 LICENSED CONTRACTOR'! DECLAMMN 1 n ... by aHIT. has 1.m a 11 ....d Contr.ctor anile, Iha prowdun. of chapter R leemmeemp wish Seatln 70001 of OMsbn 3 01 In. &eine i Prafn.b dtl d y Ilc.w .,A fill lora and H.I.¢ Lica... Number: J• -L i J L... Clan: 4, Comma he Slpa+tun Den: 1b DIVIMON OF INDUSTRIAL SAFETY PERMIT CF3ITIFICAMN TM1. California health and Safety Carl. .,W. A dMbsrn .f Indlsld.l anew perM\ AS A P.,.,41t. OF Oermll TWaMa W11on rot nPllnnl .Ighs, of Ina eatlfiuu. below. I CSMIY the% no rXCOWOon 5 1901 or moa indnpm, imp which A parson b hiquek, m Wnend. .41 An made in Timentlan wTh work autM1grind by the nrmk, end that no Wlding, spuCWre, seNWding, fibnwork, OF MmMitlon or dismantling ihor est. will be marc then 36 fares high. OWNER.IUILDER DECLARATION I hereby affirm mar I am exempt from the Contractors License Law fa the IOlbwae canon ISaMImm 7011.5, Business AS Prolessi.ru Code: Any Ot, or County which exposesa pntmll to conatrun, shem, Imphew. demnf h, OF reps'ir am mu.. anon. lu Imm enea; I.. re lumss the Assistant lar suun panmll to file • Aign.tl ate,emmslrat he .114 licensed pursuent to the Trainmen. of the Comncmr'. Ucen.. Law IC usint B ICommndng was Section 70001 of Division 3 of mat Bossiness A Profession cede) or that he or she is exempt therefrom and This bids far The alleged eumpllm. Any violation of Station 7031.5 by Tey Wasinnt for • earn usenter cat apoll... to • pmt peehy of not mart than five hundred 0n1hn1/500.001. ❑ I as owner of the properly, or my employees with wages as Meir sob c.mpannmon, wA do the week and Th. mamma IS he,Intended n.mna tee 901eiSAcnon 70A4, Bushes. S Prof..amne Code: the Cietractaral Line.. Lew don not apply to an owner of property who bdlds or ImrOWN thereon. and Who deals such wen himself arhAmkdn or through he or Thrown emPk ynt wowded That such Im..... m.me +me at intended or .Named far nb. R. hismil ,rhe building m Imprwememu said Within and year of c.moral.. the mrlowle.r wan halve IM1e burden of paying the, he is, aha did rem build OF parer. to, pwPaan .f serer ❑ I, as owner of me p,wny, am ndusinly conmecung with lln..ad contractors to construct Th* project (Sudan IDM. Buvirarss R Profissbns Cada: Tha Camrrctoi a License Law does not Far to n owner of prapeny who beads or lmnevs. memo; And who contacts lar such praisers wish e comm ittabt bcann Pursuant to the Contract's License Laws. ❑ 1 nm teem.. unit. Section Sutures N Prolraelsse Code for the fallowing nnonlal: Owner Data WORKERSCOMPENS4TIM DECLAMTI01a I hereby spam under penalty of der one el int lolbwnp Thearnlom: ❑ 1 hays and will maintain A CMmem 0 coma... to Belt rope lar Works'. Compnnuon. a pravlded for by5eceint 370001 the Labor Cada, lar me p.dormmn of IM1e work lar which this palmit, la insurer. ❑ 1 have +M will heinuen Worker's Cpmpanntifin nummunce, AS hewlnd bit 5... on 3700 0l me Labor Code, tom he parfeement. of Ins, Work for Which this pemmt R Issued, My Wark e . Compensation makwance [enlar and policy fwmber an., POLICY NUMBER: I:L el �' _9 ! �LUSF COMPANY: ITN, rsMnrwd n. Maamp4ued rat pnrmbbla ma nynn'etl blbnlnbplvlenl. ❑ I eerily that in me p.larnaarea of the work for whom the Permit wtl, I Thai not employ Try parson in any, conn so W m bacteria n m fupNthe Wodory Cinmunurlan W. at Celli eme, ..it .,nn that If I shouts become subjen m The Worker'. Compensation provision at Section 3700 of the Laber Cods. I Shelf forthwithComply with Than pr.vi .assts. SrMe: MIsD.u. V j I �kTJ WARNING: Faro a . waY¢Ia Comon..W. toyn.g. N p Indr.A. and shall Tuarecf an employ. to edmNN pmNOn and "1 1 Chia up 1. one humane tbeusnd donne IS 100,0001. In eddten to the tort of amneatlan. damages as irmvld.d for an Sacdn 3700 Pigs Labor Cada, mean and attorney lee.. CONSTRUCTION LENDING AGENCY I hereby .011. that mere Is a O.,,ucten lending egencV tar the pedomenn of the .,it lar which rhe permit is isanad Sachs. M97 CNil Cade). N LENDER'S AME: LE om-s ADDRESS: HAZARDOUS MATERIALS Afro EMISSIONS STATEMENT MUD ❑A.O. M.D. Den: ❑O.C.FA. One: ❑ Net I... led T U.S.D. Fees pard Yee ❑ NIA Cl arMO11TANT Applicnlan Ir hrra v mad. to me Building Official fpr • permit .uI l to Th. ,.".a.. and na.cflMs set Pooh on the. nsficu ion. Each w.Om upon .ha. behalf this s,Police,,. ss rods nd 90th parson at who.. cussed and for when barrefh work is performed under by punumt to any Penney b.aed as natal am shenp ualmr, agree. t., and shel. Inde mnlfY aM hold harmin. the City 0 Tefin, ata oOle.n, again sad impasyne In expedinca with the p,. lab at Chapter E of he Uniform Admlmatmlwr code. I agtaa not to aacupy or allow occupancy of any building mharaw by this permit anticlinal iugction nphepal has been tankend. I.mily IM1e[ I hart head thio applkalbn and It... that that allows, Information IT [arta[) I nM to nmol, vim .1 City and Stars, bwa .let" to the budiing communion, and Mnby rmMnv n't heon..en M mss City to Tolleupnnmnern ms,mbed propmyfor mapecdon Pureae.. EigTates M Owner. C. V tar, Or AYthohosta Agent. Av awnar7bWltlar twig Tat am0Industrial anyae to er would r�imunlike a Parmit from this 0vbron. In flat g l E sip. as rotetl above aria.. such penin h90 r pmmh tram chat tlMsbn. SIGNATURE DATI: Divnipn of Mdrstdel EatMv Perm Number: In aomplimawifh Fodwal mkgJaliam, The City nf'Nsdn dosed m diT mimb in de Wmofrww,color, retiard Origin.+Ec a disahility. Whin. Offer C.T+ry- Pcriniepc Rals - Audtlp Goldenrod - AN r 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. 1 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 M�M i I 4 k « k-- 1 M�M i I 4 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 ATTACHMENT D PC Staff Report and Attachments from October 26, 2010 ITEM #3 APPEALHEARM AGENDAREPOR] 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 Hearinta 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 61h 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) 6 Covered parking structure (which is attached to the main house and the garage) (Numbers correspond to site plan and site photos below) Site Plan submitted 8130110 (Also refer to Attachment C site plan dated 8/30/10) k%IA IWC 4 1 Site Photos at 520 Pacific Street (Additional site photos in Attachment D) View from Pacific Street. Main house, carport, and two-story garage V SITE PLAN NTS 2W41' \ .Y NIMMIA ♦ MfWN.0 4 ♦ ♦ i+i m�-Im»,naa nl MAIN wnwnnluua / �. / 5n',ni RESIDIKWE rlb Ir wlr alxnnWKAIf KllIfL :vxrz i[q;rovyfr WTW.IIga{MIL iv R ♦ / Ipgf / ♦ 'r / /•44' u,.,venw.awlaa.lr i`il :3 z e Inrlvn'LMnx .vw unvv-fM. h nnrue• arvrnev e ^ f'FL'r?\b 1:M11 �TI'11'X11 f.VKIMII/_ • .,u .•wr ,nwll V � 1 Site Photos at 520 Pacific Street (Additional site photos in Attachment D) View from Pacific Street. Main house, carport, and two-story garage V 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 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: storagellaundry/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 Timellne 1928 or 29-1louse 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 Pacific Street October 26, 2010 Page 7 Some permits have been issued on the subject property; however, there are no permits that authorize the construction or use of additional residential units at 520 Pacific Street. Over the past several decades, the City has addressed residential conversions that have been done without benefit of permits. For example, code enforcement officers have responded to complaints that have arisen in the Old Town area of Tustin of construction being done without permits or of multiple rental units in the R-1 Single Family District. Several recent cases, including two cases located on Pacific Street are currently working through or have completed the permit process to bring their property and unpermitted accessory units into compliance with the Tustin City Code. Historically, the City has considered several proposals to increase the density of properties located in this area of Pacific Street; however, each time the community has been outspoken against any increased density and the Planning Commission has denied such requests. Records indicate that, in 1955, The Planning Commission held a public hearing to consider a variance to add a second dwelling unit at the rear of 530 Pacific Street and to add two additional dwelling units at the back of the property at 540 Pacific Street. However, after discussion with applicants and objectors, the request was denied. Other requests to increase density in the Old Town area were denied, including a Zone Change request in 1969 to rezone a parcel at the corner of Pacific and Main from R-1 Single Family Residential to the Planned Community Residential District in order to accommodate an increase in density to 34 dwelling units (DU) per acre (more than eight times the 4 DU per acre allowed by Tustin General Plan). Code Enforcement at 520 Pacific Street On July 27, 2010, Mr. Bret Fairbanks, the property owner of 520 Pacific Street, initiated contact and sent a letter to the Planning Division. The letter stated that he was selling his property and the home was in escrow. Mr. Fairbanks further stated that the property has a single family residence in front, with two guest homes in the back. Mr. Fairbanks requested a confirmation letter from the City stating that, in the event of a fire, earthquake, or disaster, the City would allow the guest units to be rebuilt (see Attachment F), On August 4, 2010, Planning Division staff did a preliminary search of City records and sent a zoning confirmation letter to Mr. Fairbanks informing him that no permits were issued for the two guest units which were noted in his letter and that a Conditional Use Permit (CUP) (which is required to a establish non -rentable guest units within his (R-1) zoning district) had not been issued for the use. Mr. Fairbanks was also informed that, based on Tustin City Code, a non -conforming building destroyed to the extent of more than fifty percent of its reasonable value may be restored or used only in compliance with the regulations existing in the district wherein it is located. Provisions for reconstruction of non -conforming buildings do not apply to structures or additions which have been constructed without the benefit of permits. To legalize the existing guest units (without a kitchen), approval of a CUP would be required (Attachment G). Appeal 520 Pacific Street October 26, 2010 Page 8 Shortly after the zoning confirmation letter was sent by Planning Division staff, the case was forwarded to Code Enforcement for follow up. Code enforcement officers conducted a thorough search of city records and requested a search of County records for any documentation associated with 520 Pacific Street. However, no permits for the guest units were found. Code enforcement officers also found the subject property advertised online and located two "for sale" postings. Both postings identified a "studio guest house with kitchenette" over the detached two car garage and a "second guest house with one bedroom, living room, and kitchen behind the garage". On September 10, 2010, the property owner allowed City staff to do a cursory on-site assessment of the Online posting for 520 Pacific property (see photos in Attachment D). Several life street safety code violations and other issues were noted by Planning and Building Division staff (A detailed list of the main concerns/code compliance issues and the related code violations are shown in Table 1 of the Analysis section of this report). On September 16, 2010, the City of Tustin recorded a Notice and Order Pursuant to Tustin City Code Section 5503 for the property at 520 Pacific Avenue. The Notice and Order provides written notice of the existence of a public nuisance and requires the correction of code violations related to illegal structures constructed in violation of the Tustin Building Code and Zoning Codes. In part, Section 5502(b) states a public nuisance exists when "any condition... exists upon any premises that is dangerous to human life or is detrimental to health as determined by an appropriate city official" (see Attachment A). The Notice and Order provision is set forth in Chapter 5 of the Tustin City Code for Property Maintenance and Nuisance Abatement Regulations and Standards. The purpose of this chapter is to "provide for the abatement of conditions which are offensive or annoying to the senses, detrimental to property values and community appearance, an obstruction to or interference with the comfortable enjoyment of adjacent property, or hazardous or injurious to the health, safety or welfare of the general public in such ways as to constitute a nuisance". ANALYSIS: During the cursory on-site assessment of the property on September 10, 2010, City staff noted several code compliance issues at the property. The following table outlines the code compliance issues and concerns; code sections applicable (including California Building Code as adopted by Tustin, California Fire Code, and Tustin City Zoning Code); and photos taken during the assessment. Appeal 520 Pacific Street October 26, 2010 Page 9 TABLE 1 CODE COMPLIANCE ISSUES Location Code Compliance Code Sections photos Issue applicable The use of the property California Fre 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) toRI 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 atter 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 in upper a 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 third residential (Requires min. 12,000 buildings used as guest sq. ft. lot; however this rooms, providing no units lot is 10,000 sq, ft) cooking facility is Guest unit (no kitchen installed or maintained, facilities) requires CUP. subject to Conditional This number of units Use Permit would need to be located in an R-2 or R-3 district and would require a minimum of 7 parking stalls to support the added residential use. Appeal 520 Pacific Street October 26, 2010 Page 10 Location Code Compliance Code Sections Photos Issue applicable The second story wall Section 1403 of TCC construction and 8100 Adoption of 2007 windows adjacent to the California Building Cade property line do not comply with fire — protection Insufficient requirements. setback to 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- me enc .Furnace Furnaceinstalled TCC 8100 Adoption of without required permits 2007 California Building does not meet Code A105.1 — Permits clearance requirements required and creates a potential @ fire hazard. '8r Exposed electrical next TCC 8100 Adoption of > to unpermitted furnace 2007 California Building o which causes potential Code Al 05A —Permits M fire hazard. required 'c 0 N n c 0 v m Electrical device next to Treater Kitchen cooking TCC 9223b2 No cooking facilities not permitted facilities permitted In in guest unit. guest unit Kitchen in Plumbing and electrical TCC 8100 Adoption of upper unit installed without 2007 California Building permits. Permits are Code At 05.1 - Permits required to insure that required life safety protocol is followed and installation is done according to plan. Without such permits and inspection, installation may create fire hazard, water damage, etc. Appeal 520 Pacific Street October 26, 2010 Page 11 Location Code Compliance Code Sections Photos Issue applicable Shower added on to TCC 8100 Adoption of original structure. This 2007 California Building requires a building Code Al 0& 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 All 05.1— Permits compliant with Building required ost p s 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 q rn 2007 California Building L° Code 1013 Guards — rn guards shall be located > along open -sided $ walking surfaces m including stairways 'c located more than 30 Inches above the grade o below There is no property 2007 CBC Section line firewall separation 1024.3 Exit discharge 0 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 issues associated with Built over PL the location of this staircase; most - Imminent is the lack of emergency access and i 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 1504.1, 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 a 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 C additional hazards to occupants since the a occupancy changes U with a tri-plex (common terminology). Unsupported electrical TCC 8100 Adoption of metal conduit (EMT) 2007 California Building Unsupported between garage and Coda A105.1— Permits house. The potential for required line over damage and failure due " to the exposure of the line is increased and .. _..., - poses a potential fire hazard. No rating separation 2007 CBC Table 602 between walls of garage Fire -Resistance Rating and living units; thus Requirements for Exterior Romex wiring is exposing tenants above Walls Based on Fire unprotected and exposed and next to the garage Separation Distance _ • - _ to fire hazard originating in the garage. Electrical wiring: 2007 CEC Article 334.15 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 mta ^ iu available until 2001) I=__ Appeal 520 Pacific Street October 26, 2010 Page 13 Location Code Compliance Issue Code Sections applicable Photos Unit does not meet fire 2007 CBC Table 602 rating requirement; 5 Fire -Resistance Rating foot setback required to Requirements for Exterior property line to protect Walls Based on Fire occupants from fire Separation Distance hazards; or safety (1927 UBC Section 1403, personnel responding to less than 3 feet) an emergency. TCC 9223b2 minimum side yard setback 5 feet Min. 5 ft setback required (zero - 4 ft provided) I Heater installed with a TCC 8100 Adoption of gas line without permits 2007 California Building J It is installed on a Code Al 05.1 —Permits M combustible wood sided required ' -9 wall which poses a Subject to manufacture's Heater c potential fire hazard due installation standards and installed v to the combustible mechanical/plumbing material permit permit m Ceiling heights vary and 2007 CMC Section do not meet the 7'6" 1208.2 Ceiling height height requirement minimum r_ Ceiling height does not as min. 7'6" Appeal 520 Pacific Street October 26, 2010 Page 14 Location Code Compliance Code Sections Photos Issue applicable Improper and 2007 CFC Section 605.5 substandard electrical Extension Cords wiring without permit - Power strip next to kitchen sink where a range might have been previously Plumbing added without TCC 8100 Adoption of permit 2007 California Building Code At 05.1 — 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 v etc.) Unsecured and exposed 2007 CMC Section gas line an 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 Insulation is nonrated Wall and opening and Is combustible protection 2007 CBC (appears to be straw Table 602 Fire - bale) Resistance Rating Requirements for Exterior Walls Based on Fire Separation Distance and Table 704.8 Maximum a Area of Exterior Wall Openings cc Combustible material installed between walls tmn ,i m 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 a heat and light cooking. Therefore, it F _ requires sufficient light, ,g ventilation heat, etc Ceiling height is too low 2007 CMC Section 6 and should be a 1208.2 minimum 7'6" o minimum 7'6" 0 c 0 ap C frc Ceiling height does not meet minimum (Note: Code compliance issues noted in Table i based on cursory observations by City staff on September 10, 2010. The full extent of violations is unknown due to the limited ability to conduct a thorough assessment.) Building Code Appeal The appellant is requesting reconsideration of the Notice and Order for the determination of a public nuisance filed for the property at 520 Pacific Street. The appellant has indicated, in part, in his letter of appeal (Attachment B) that the Building Code section which requires permits would not apply to his property because he purchased the home over 10 years ago and the structures already existed. However, the current property owner is ultimately the responsible person for maintaining the property. "Responsible Person", as defined by the Tustin City Code is "the owner of property upon which a violation of the Tustin City Code occurs or continues to occur. This term also includes any owner, occupant, or other person or entity in control of the property who is creating, causing, or maintaining any condition in violation of the Tustin City Code". The current property owner may have purchased the property in the current condition with multiple units that are not permitted, however, he has also, knowingly or not, maintained the structures and collected income from tenants who live in numerous substandard building conditions. Zoning Code Appeal The appellant is also requesting consideration of the Zoning Code requirement for a Conditional Use Permit and lot line [setback]. His letter indicates, in part, that the property is not in violation of these codes because the structures existed prior to Conditional Use Permits and the first zoning of Tustin (see Attachment B). Appeal 520 Pacific Street October 26, 2010 Page 16 The Notice and Order indicated violation of Tustin City Code sections that require a CUP to establish accessory buildings used as guest rooms (provided no cooking facility is installed or maintained)(TCC 9223(b)(2) and that a minimum 5 foot side yard setback be provided for accessory buildings used as guest houses (TCC 9223(b)(2)(d)). Although the two story garage structure was probably original to the site, the use of the second story apartment above the garage was not permitted. In the R-1 Single Family District, guest houses or guest units were historically intended for "temporary guests" and the use has been permitted accessory to the main house. Kitchen facilities were not permitted in guest units nor are they permitted to be rented out for compensation. Further second units require additional garage parking and a minimum lot size, of which this property does not meet. Appeal Findings Pursuant to Tustin City Code Section 9294, the Planning Commission should consider the evidence supporting the Enforcement Officer's determination (as shown in Table 1) that a public nuisance exists at the subject property due to the dangerous conditions present. As the hearing body, the Commission should determine whether or not the two accessory buildings that are currently being utilized as rentable residential units (with kitchen facilities) should: • Be brought into conformance with Tustin City Code requirements as indicated in the Notice and Order; or • Determine whether the code sections were accurately applied to the property; or • Modify the Notice and Order Independent Evaluation In considering appeals, the Board of Appeals has the right to employ qualified individuals to assist in its investigations and in making findings and decisions. Staff commissioned a third party survey and evaluation provided by Licensed Architect John C. Loomis from Thirtieth Street Architects, Inc. The firm specializes in historic and older buildings and was able to provide professional judgment as to which structures may have been original and which had been added and/or modified over time. The architect provided a report that concluded that "the front house and two-story carriage barn are both historically significant. It is apparent that there was only one living unit on-site [main house] in 1929 when the City of Tustin was incorporated. There is strong physical evidence that the second and third living units were added much later, post WWII" (See Attachment H). CONCLUSION: Staff recommends that the Planning Commission and the Board of Appeals deny the appeal; affirm the Notice and Order; and direct the property owner(s) to comply with the Appeal 520 Pacific Street October 26, 2010 Page 17 requirements of the Notice and Order identified in Attachment A of the related staff report dated October 26, 2010, with the exception of the date of compliance which is hereby established as November 30, 2010. Amy Thomas, AICP Senior Planner 7 -e-an Y enry Huang, P.t/, C.B.O. uilding Official Elizabeth A. Binsack Community Development Director Attachments: A. Notice and Order B. Letter of Appeal Received Sept. 23, 2010 C. Site Plan dated 8/30/10 D. Photos taken during Sept 10, 2010 assessment E. City of Tustin Historical Survey for 520 Pacific Street F. July 27, 2010, letter from Mr. Bret Fairbanks G. August 4, 2010, zoning confirmation letter from City staff H. Report prepared by Thirtieth Street Architects, Inc. I. PC Resolution No. 4161 J. PC Resolution No. 4162 S:%Cdd\AmyiCode Enforcement\520 Pacific%PC Agenda AppealHearing 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 ORDERIPRE-CITATION NOTICE DECLARATION OF PUBLIC NUISANCE Property Address: 520 Pacific Street Assessor Parcel Number: 401-371-07 Case Number: VIO-0312 Dear Mr. Fairbanks, TUSTIN 19tifONY BUILDING OUR FUTURE HONORING OUR PAST Thank you for meeting with City staff at 520 Pacific Street on September 10, 2010. During the inspection, two detached structures were observed within the rear yard, in addition to a guest house above the garage and a second guest house behind the garage; all of which are unpermitted. A preliminary search of City records also indicates that no conditional use permit (CUP) is on file to establish guest houses at the property. Other noncompliant issues were also noted during the inspection; which Include, but are not limited to the staircase on the south side of the garage which does not provide the appropriate setback to the side property line and the guest house above the garage currently contains cooking facilities, which is prohibited. Several violations currently exist at your property, which are attached hereto as Exhibit B. Pursuant to Tustin City Code 1122(a), any violation of the Tustin City Code is a public nuisance. Therefore. please be advised that the City has determined that a public nuisance is being maintained at 520 Pacific Street due in that the necessary permits and entitlement were not obtained for the two detached structures in the rear yard or the two guest houses, You are hereby directed to do one of the following by no later than Friday. October 29, 2010: 1) Submit a complete CUP application with the appropriate plans and all other necessary entitlement applications to the Planning and Building Division for the two guest houses and the two detached structures within the rear yard. . 300 Centennial Way, Tustin, CA 92780 0 P. (714) 573-3100 a F: (714) 573-3113 • www.ttistinca.org Not" and Order at 520 Pacific skeet September Is, 2010 Cue *V10-0312 Pape 2 OR 2) Obtain a permit from the Planning and Building Division and physically commence with the demolition and removal of all unpermitted structures and improvements on the property; which include, but are not limited to the two guest houses, the staircase attached to the garage and the two detached structures within the rear yard. NOTE: For information on obtaining permits, please contact the Building Division at (714) 573- 3120 and/or the Planning Division at (714) 573-3140. Additionally, all permits related to this matter are to be finaled within ninety calendar days of permit Issuance pursuant to 2007 California Building Code A105.5. This letter constitutes your Notice and Order to abate all public nuisance conditions and violations at 520 Pacific Street. You (or) any person having any record title or legal interest in the property may request consideration of this Notice and Order or any action of the enforcement within ten calendar days from the date of service of this Notice and Order. All appeals shall be made in writing. Failure to comply with this notice within the time limit specified above may result in (1) the Issuance of an administrative citation pursuant to Tustin City Code 1162(a) (reference Exhibit A attached hereto for further Information), and/or (2) all necessary work being completed by City personnel or private contractor, with all abatement costs being billed against you and/or assessed against the property and/or (3) the referral of this matter to our City Attorney for further legal action. Please note that the disposal of any material involved in public nuisances shall be carried forth in a legal manner. Additionally, this notice and order will be recorded against the property in the Office of the County Recorder. If you need further clarification or assistance with this matter, please contact me directly at (714) 573-3135. Sincere) SVdSt?A— Code Enforcement Officer Attachments: Exhibit A — Administrative Citation Information Exhibit B — Code Violations cc: Amy Thomas, Senior Planner/Code Enforcement Supervisor Community Development Department TUSTIN EXHIBIT A Admintstradve Citation Process BUILDING OUR FUTURE HONORING OUR PAST In accordance with Tustin City Code (TCC) 1162(d), fines may be assessed by means of an administrative citation as follows: $100.00 for a first violation; $200.00 for a second violation of the same ordinance or permit within one year of the first violation; or $500.00 for a third or any further violation of the same ordinance or permit within one year of the first violation. Building and Safety Code (TCC Sec. 8100 — 8999) violations may be assessed at $100.00 for a first violation; $800.00 for a second violation of the some 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(,), 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 fine(s). Additionally, the responsible person must take one of the following actions to avoid additional penalties prior to the compliance data specified In the administrative citation: 1) Correct the violation, pay the corresponding fine(,), and contact the City to request a to - Inspection, or 2) Pay the corresponding fine(,) 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 1186 within ten (10) days from the dais of the administrative citation, together with an advanced deposit of the corresponding finals). Request for Hearing forms and other information on Administrative Citations may be obtained on the City's website at www.tustipcs.om. 300 Centennial Way, Tustin, CA 92780 0 R(714)573-3100 • R (714) 57331 13 0 www.tustinca.org H.0 cnJ Oram.1 S.P..ba, 15.:'010 C.n0 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. ATTACHMENT B Letter of Appeal Received Sept. 23, 2010 September 22, 2010 RECEIVED Brad Steen, Code Enforcement officer SEP 2 3 2010 Community Development Department City of Tustin COMMUNITY DEVELOPMENT DEPT Letter of Anneal 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 Mr. Steen, This letter is to appeal and request consideration on the recent notice I received regarding unpennitted units. The code violation reads any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to rause 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 agu 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 he 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 1 have violated any code and am not in any way a public nuisance. Sincerely, � Bret Fairbanks UNiM_Lf1,`Ir, NIMS] Site Plan dated 8/30/10 y f y3 �w'�2 RF3IX 23•._4 yf9p 4� Y e c+i71. ts-.6 C � IB' 28'--.4. z c � h PACIFIC STREET x I j I Ln I x- � FAIRBANKS RESIDENCE 620 PACIFIC STREET = TLJSTIN, CALIFORNIA 9 27$0 r rt ATTACHMENT D Photos taken during Sept 10, 2010 inspection iA ";1U, a inti,. �illiiw I Jcl . flfl,�,�j N 40 . flfl,�,�j I 04111111 140111 ri i_ + Ih� -7 t 11 ii i i � �ut i7 Iz! E ri N® R ATTACHMENT E City of Tustin Historical Survey for 520 Pacific Street ADDRESS: 520 PACIFIC ST OAW"9 1929 STYLE; CALRtORNW BHNaUDW SOURCE: RATINGs 'I' C ALTERATIONS: F HISTORICAL DISTRICT: YE.S COMMENT: DESCRIPTION. CITY OF TUJSTM HISTORICAL SURVEY The single -Stood bORPe at 520 is topped with a front facing gabled roof and matching centered porch. A small louvered vent is cenhxed below the peak- Shiplap siding, in a style made in the 40'a and 59s, covers the gables, indicating that the roof is not original. Narrow clapboard siding coven the first Door exterior. Square posts, resting on upered clapboard -clad piers, support ilia mot'. The concrete porch extends to each side, topped with pergolas. The front door features a mullioned border and is flanked by huge plate glass windows. Double -hung windows ars used throughout the rest of the house. A red brick chinmey on the south ride 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 rzonrs to indican that the house once was also ail 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 Sheet which were subdivided by Harry Marple. Ile was the son of Richard and Edna Maple, fruit growers, who owned an orchard on thin property from 1903 until the property paused to Harry m 1924. He dedicated a strip down the center, from Main to Sixth Streets. for the extension of Pacific Street. Ile sold this lot w George Gaylord in 1929. The Gayltuds received a completion notice on their home that samo year. George was n well -liked wood shop and physical education instructor at the 'Tustin Grammer School for several years. After he retired in the 1950'x, he became a carpenter. The Gaylord& were still living in the house. in 1965. This bungalow fits well into the strectscape of the Tustin Historic District and contributes to the tree -lined sheet because it is of an appropriate size and scale. ATTACHMENT F July 27, 2010, letter from Mr. Bret Fairbanks j July 27, 2010 City of Tustin Community Development Department Justina Wilkom, Principal Planner Dear Ms. Wilkom, N 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 %, 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.F. (949) 933-6886 gn Type Codes 101 - Single Family Residence 02 - Multi Family 199 - Misc. Improvements 11 jested By Address 3: b 9U,,F -rc. Phone ( ) Signature PUBLIC SERVICE INFORMATION FORM MULTI FAMILY RESIDENTIAL 1 2 3 4 5 6 1 7 1 6 1 9 10 11 12 13 14 APN BLDG# CONST YEAR USE CODE DESIGN TYPE INISHE BSMT SIZE BLDG IZE•1S 2ND F BLDG SIZE 3RD FL BLDG SIZE 4TH FL BLDG SIZE 5TH/UP UNIT MIX GARAGE/ CRPRT SIZE POOL YIN LAND SIZE �. o m i t m 2 _ -o mo _T23 I / 36 C' _Spe 2ar: LI'��� n -/-- = /1 /7� 1 1-1 1 12,121= i TTT m A r m 0 a QUArTROPRO Check Amount $ Cash Amount $ Mailed Date By M.S. 1 f ii■■ �,• Ti . HNtIl /a ■� 99 ® MR. f� YUA�fa•� .ZByr,.✓ LT. U. ananyy(p :, rat' i rrs n. � e� v )04 ne+n _ 5,ryfsj r?v o)e New A. Vol. IOIIY X11.1 lll-i-]pM) .➢INf.O FCPp1O1.y. I. P. ltW11 LJ /•� ' //,i u / / Sv 77 /3/ O HNtIl /a YUA�fa•� .ZByr,.✓ LT. U. ananyy(p :, rat' i rrs n. � e� v )04 ne+n _ nzc s°2 ;tt 3' ; 1 tyre=R 5,ryfsj r?v o)e New A. Vol. IOIIY X11.1 lll-i-]pM) .➢INf.O FCPp1O1.y. I. P. ltW11 LJ /•� ' //,i u / / Sv 77 /3/ O MISCELLANEOUS STRUCT 4.0% _ S+mF n' . - ..cdpHa Yr. Naar Dln.nrlau An. • Cw1 x W. Mr. Tf0.C1 —. bry. 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Ee�m.-,"..e�r v llwS5 - e.Y CIO � HH?P //.'y NYp..Heel PP, /U 4161 Hob A-V s; ami 38F1� YSAR'�Li}'YeG C 'Z.9aad. .....__ ON foam — _ lc Li.7� ?L 1` 9YSiL;. BOed RsdkN _ CLA37-' / pp Ref. Cool. .. 2'Al>Q Ike toTlfr @s YR RCLNs AV Q Pa.gB %sand 6 8 .7 $D ses+ 3.4C vdAw�MIN; 37c! >.ea .anu en.i I..se.-eaur Acte.,,.,. I. V.W + ADDREEE71 _DIBTAICT �'•_ OWNER - OR ME COUNTY ASSESSOR MULTIPLE RXIMENTIAL UNIT APPRAISAL RECC so TNAI:.T A.P. NO 401371.01 LUT ULUCx PROJECT N0, _K11Mri LAND VALUE COMP UTATIONG LAND OR UNR ATTRIEt m OAR YEAR LWf IIXIr Y,1 LYf �,_C WIDTH UNIT MMr )r AMT. co PfwYlr1- YR. � GTS 1 ACNES AMT : Rl1REBFNrA rlv[ vEN r NO LQI SUMMARY BI JAMIOUMN AYLy11LNT TGLR _ ' 1 Ip 7 1—.I!, J'✓ /974. -EI CCIYIC TIS _ NO.ry� APPRAIwII .. CCAWAIINlR _- .. GS/"• V Rl.t i YEYn NO QL gGNTtt aRr n.R I � . � E' ALLAY rEa1xo 101 view 1-]l_-]❑ R.C.LN.O.mwmw'I.(` ._ C -O. H I IION•R. To r, No LIMO YAWL I, y,:D.. _ /D SG I _ It: ANON. PmIRCT I I . � 20 11 WMMRTIg11N01GTG /If G/I If I UNIT EOORM W 1� ] ]�-I Mi YTILRIM ' IMCIGTOII L.NG moll- Ir.]C .rO UNIT MOLT. I.01CATOR I 11 1AT UTILITY sa ]O INOIGTLO LRLLL PNICE.. I .b r. OQO li WATER .OMT _ TRIP T] No LIBM PRIG _ r .. _ IS omm.w RIGHTS rw O NO Q - IS ZONING TmAL ERpLRrY VALVE ZONING BOM011M, Yw _1Ar10 VALUL_ - J m PRwTY VALG ,Pinumod O] IMACS IMV Yw ,� NO ❑ TIM UNIT SP. L TERIAfi _ r N MINMAL IRIGHTS YE! r: NO❑ ]S t=@MVE TRAi YEL^MO ,_ _ 79 %,fAAIdA'iA• C/S G�ri Qk. /La- / _ M TENANT MRNIW 1 [ E � 1.�5 Qum 1.11,11x0 2[] ]n :BO. CAZAwIT,1(L f!Nr O_$Y2. M,Q •,j' YD/✓i ii,4'G ]S DISTRICT M .— USE,GG d.Aw. ES D 4140 V 74) 720.. R JAI//t nr 7• Al' €s _r'xlrra .8a% d.,PvNK' 72 T M L7EGM'.aE,G S sr _ S41WP,yLiJY Z 7 _ Sl OE f ORMERLY80 ,062-090-00 y. t I MINUS NBC RA,6N 0. _ MARKET MULTDI ESR CyN Mml 111wNfR RIEIN 1014 TNI SI�!INGLE FAN. USE, » cwLl PAM. UEE w oNM. GL -v 11 IxWST YES Q CLUSTER TTPE Ri TRINO 1� 10NI140 EONnpRM YLANNINM u l )WRAIILM u WTR CN.IMM PII,i SOEML SERVIcW -� a j PUBLIC MVIC f wl Yw n R4LN.0 HN w UNIT MMr )r r9 CONCLAAIOM YR. � r—_ LQI .+f IMPS. W nnlr wRr uH'. �Yu. Oaa. TnD. Hum �TASB_7_• M_ len vdwE IltwcAroN TOEflnw "AA 1RSI Tou4 rr —_ morc .. --�- NG -+snit. oActn-`- f � £MPLgYm NUMMR •/`SDA IL I..:IM TNCR VEX 6O. yx WIN01 nN a GRAM A iLla. EL. aLY11 WAL• PpnPlnl pW I SFA [VAP.. � ONIaN "PC RAIL h a� [IIPI WAua cwr fAcrOX .- — 1Ru—Lal rAorw _ a11cuP CONST r+crop ACU.'SAa10 COST BAGG cm PACTOR naa AW. EAC+O, nnO4e CCNn. P+crOn . I •AIA rv.AT UNITT ROOM OLT�11. XC+1 :001 CI I IUNCtIVMAI 1•NII _ 1 ' _ 01 WpRNMANWIP 11 - BASIC C09T BATA MIlC6l1'Aldgls BTIluenmo W OTIIOINAL Iw. eon rPIUCT 155CgeTipN RIpS Np, UNITEOR - SAM N LOST YMIT .on Of GQ N oA61pN IVPp aVAI CIAb .. N SNIE FL. AREA �7.J NI M0, Ci - _ 1 N NO. M FLI W TOTAL NO. Rp1ITAL UNITS FL000 % M ft a" T O NO. Of VNIrS r w FtoaR % r _.._ _. M FL ARpA _ IN MG f.M VXIT6 1 IPI FLG011 % ! P FL +REA IW NO. W N,r, IN TOT PONG15 IN DADNISVdN f 441 . IN AID CFNT . ' Kp I-1 NO ... 1sT NSAr CSNT, 10 m NO G� IN A.C. CORT /4' INl f F COST -- va IS, NIT LOST nI Ex. NAC. COl'l r 11>i:W PAT. f 'I, WEN PAL p p'•✓ 111; LNG. YdTG I �fOl IIPM1.c UNIf Ila XpG unLL 1 T CIMS PFM ARTA Ir11.._. bNIT'_..... M x0 COfT! COST tqn lIAN,NIx I PEEL EO A4 i C0. IIs ]A. ANSA 1. I, GAR IM GANifln pG rl WnvnnT y ._ Ia F W AREA L— �__ • I __... I .. YP61114 tEHI'61 'Ex MIBc Gan .._—. fMiFOOL COOT - e001 NA Ip i IL COCA MIT ... IMI DOCA DAR . Ip j Nu.L9rn6 rly' • — _ 1_ lAAfn MINI IfR'- ___ IY1: a ]Y.. L I• �— '9F. un I —. l n . rl KID, _ tl ry nr ry11 . GC _ •— .-- 1, mptur.2 nu rx L [ nnlF I I°IpfC' r .yIC, "IW InIp l (' M Fr ,.^I�P IFAY nllA COST DETAIL `INI :O`Jl 41 l lEPRIV,I ICN TYPI CI I IUNCtIVMAI 1•NII _ 1 ' _ 01 WpRNMANWIP 11 - BASIC C09T BATA MIlC6l1'Aldgls BTIluenmo W OTIIOINAL Iw. eon rPIUCT 155CgeTipN RIpS Np, UNITEOR - SAM N LOST YMIT .on Of GQ N oA61pN IVPp aVAI CIAb .. N SNIE FL. AREA �7.J NI M0, Ci - _ 1 N NO. M FLI W TOTAL NO. Rp1ITAL UNITS FL000 % M ft a" T O NO. Of VNIrS r w FtoaR % r _.._ _. M FL ARpA _ IN MG f.M VXIT6 1 IPI FLG011 % ! P FL +REA IW NO. W N,r, IN TOT PONG15 IN DADNISVdN f 441 . IN AID CFNT . ' Kp I-1 NO ... 1sT NSAr CSNT, 10 m NO G� IN A.C. CORT /4' INl f F COST -- va IS, NIT LOST nI Ex. NAC. COl'l r 11>i:W PAT. f 'I, WEN PAL p p'•✓ 111; LNG. YdTG I �fOl IIPM1.c UNIf Ila XpG unLL 1 T CIMS PFM ARTA Ir11.._. bNIT'_..... M x0 COfT! COST tqn lIAN,NIx I PEEL EO A4 i C0. IIs ]A. ANSA 1. I, GAR IM GANifln pG rl WnvnnT y ._ Ia F W AREA L— �__ • I __... I .. YP61114 tEHI'61 'Ex MIBc Gan .._—. fMiFOOL COOT - e001 NA Ip i IL COCA MIT ... IMI DOCA DAR . Ip j Nu.L9rn6 rly' • — _ 1_ lAAfn MINI IfR'- ___ IY1: a ]Y.. L I• �— '9F. rI ACT PMT _-. OT DATE OWNER BLOCK._ BLOCC -- -- _ AMT NOOi I WILT-NS ROOMANO FINISH DETAIL UNIT L Fur FI CE:Q--- RDOIAE ft,OCIy PLOOII FlNNH INTER ION FINISH , •: - R 1 i MIT<MFl WALLS C[ILIX66 I nEMGnnS M 510! POR. _ 01 -HIP, 31HED ELELPY at OY MOUS. SN.IMu j 0[ ENFLOYF il0 D111gL! OI W M 11Y1X0 _ Rt�YllGEitI�OR ' oIMINB ,' I _ --. H COMMIT. OATF 00MIV SHINAdEl. I! WIN IIRMFUS - - - 10 O[SION TYn2 riw a an LL g11�OR�. LSI - IM[MCOY [ ;_ 1 1 /1 OIFTfgp .. �'• TILE- YAC CLEAN M[O _ _ ,. COMC E IT R � - '" -- Tr ERCGTW[rtM I. T T _-RO I ]] DEPRECIATION -AOL[ FAM. _. C 2A FMAme- AIIONOI NNCTIONAL PLAM 1 2 ❑ 1 C. MEAT N. CN. MRAL OF MW l GRI WALL OA[ •LNO R. if CONDITION I1"1 oS� 7E LIEf� _ R [0 L 2M, Ip TILF- MID [RWM lAw CAM! rf I�J ET[[L T GRAY. L EI. BATH DETAIL N wORRmAne" P I y O [ ❑ ELCCY. L - FL NO. FINISH FIXTURE ROOM! _ _... _. FLOCS WALL[ RC U TNN NT N FINISH WAOE FULLMAM! AMS r TUI THERE E iiTdiNl NMR Alwr�a "' MN1 a COOLING APRs MA N LF"-ftV OEM WALL _ !!0 RM[AL __rCb - MISCELLAEOeeTx APRMm" Y[N PCIEUHE - - _CTON[ V[X DSII [INLSOr FMO CON E21 I ROOT FL INT EN! C AYH n GM X Aim ' 00!!Y ... b C[N1NAL MGT TO ONO ©' 011 NC. 4 n,e T .. STEEL; _.._ ?� N1 CMT. COOMNO Tq O.Mo©: 1 i011Nd17101[&off - - - — N COR LEYLL TAME -f YiR N -t' - 't<. i30 COST FACTORS au L O00 N QUALITY CLAS _ IN MGJOII MDC, N IM ILP! ARG` 1" 11 Ant FSR AReA 92 2P4 FLA FACTOR' [i be FL11 PINK N LA FLA !ACTON N ATTR AMEA T[ ATTIC FACTOII 22 FIN NMT ARG 14 FIX NNAT FACTOR N "FIN [WT NAG IN UNPIN iwy ijII Sol AONTION[ IDA ADGITICKS FNCTOM IN wMcli ror�L cosi ,.y I a COY PATIO CONT • 101 0MCov PATIO CWT OE nc0[T lOr ACcOST/• ?d la UT RN Cos NO !%T PIMC. Cos, - — 410 GAM CLAN DET 111 OAR CLAS[ An OM ARG 112 iS FW AREA -- II 11 1e FW Cali -- FEwc[ eWT vim _ COMPUTATIONS APPR. DATE Hol ITS TACT. AON COST CCM - _ 11 POOL CWT all -POOL DAT[ —' III DOW 1MFE DOST �_- IN OOCX IMPS OAT[ IL I'JN[SNI www Yu❑ mac] — I22 SPIC. IAV[ 2Zy 41u2NR rf]NAf11, OI P, f. COSI ED" pl11_ IKM RCIND ATTACHMENT G August 4, 2010, zoning confirmation letter from City staff Community Development Department TUSTIN August 4, 2010 Brett Fairbanks 520 Pacific Street Tustin. CA 92780 SUBJECT: ZONING CONFIRMATION FOR 520 PACIFIC STREET Dear Mr. Fairbanks: BUILDING OUR FUTURE. HONORING OUR PAST Thank you for your letter, received July 27, 2010, requesting zoning confirmation for the property located at 520 Pacific Street. In your letter, you indicated that the property has a single family residence in the front with two guest homes in the back. You have also included copies of tax assessor information related to your property for the City's review. In the event of a fire, earthquake, or disaster, you inquired if the City would allow the guest houses to be rebuilt. The subject property is zoned as Single Family Residential (R-1) and located within the Cultural Resources Overlay (CR) District. Accessory buildings used as guest rooms are allowed as conditionally permitted uses within the R-1 zoning district, provided that no cooking facilities are installed or maintained. A guest house is defined in the Tustin City Code as detached living quarters of a permanent type of construction and without kitchens or cooking facilities and where no compensation in any form is received or paid. No permits exist for guest houses at the subject property and no conditional use permit is on file to establish guest houses at the subject property. In your letter you indicated that there are two addresses at the subject property, 520 and 520'h Pacific Street. The City has not assigned a'h 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 wt(; k 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 9 www.tustinca.org CC: Elizabeth A. Binsack Dana L. Ogdon Justine Willkom S:1Cdd\Ryan\Zoning Confirmation\520 Pacific St.doc ATTACHMENT H Report prepared by Thirtieth Street Architects, Inc. thirtieth street architects inc, October 20, 2010 Ms. Elizabeth Binsack, Community Development Director City of Tustin 300 Centennial Way Tustin, CA 92780 Re: 520 Pacific Street, Tustin Dear Elizabeth: founding prlrodpals john c. Loomis, arehitca lames c. Wilson, architect Principal dwood I. gulley, umhitcu 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 newpurt boulevard - newport boach, ca 92663 - 949/673-2643 At some point later in time, it appears that the upper portion of the carnage 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, 2921 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 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, after, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit, Resolution No. 4161 Page 3 L. That there is substantial evidence that the violations identified in the Notice and Order exists as evidenced by the Building Code violations observed on a cursory and visual observation of a site visit on September 10, 2010 provided hereto in Exhibit A. M. That the violations identified herein and in the Notice and Order demonstrate that substandard housing and property maintenance conditions exist which create a dangerous condition at the subject property due to the present violations of the California Building Code as adopted per Tustin City Code 8100; N. That the extent of repairs ordered by the Enforcement Officer are appropriate for the property; O. That the time limitations for starting and completing the repairs are reasonable; P. That the Board of Appeals has the right to employ qualified individuals to assist in its investigations and in making findings and decisions. Staff commissioned a third party survey and evaluation provided by Licensed Architect John C. Loomis from Thirtieth Street Architects, Inc. The architect provided a report that concluded that "the front house and two-story carriage barn are both historically significant. It is apparent that there was only one living unit on-site (main house] in 1929 when the City of Tustin was incorporated. There is strong physical evidence that the second and third living units were added much later, post WWII' (attached hereto in Exhibit C). The Planning Commission, acting in its capacity as the Board of Appeals pursuant to Section 112 of the Building Code as adopted by the City of Tustin, hereby affirms the Notice and Order for the property at 520 Pacific Street which provides written notice of the existence of a public nuisance and requires the correction of code violations related to illegal structures constructed in violation of the Tustin City Code subject to the following condition: The property owner(s) is/are hereby ordered to comply with the requirements of the Notice and Order identified in the related staff report dated October 26, 2010, as attached hereto Exhibit B and incorporated herein with the exception of the date of compliance which is hereby established as November 30, 2010. PASSED AND ADOPTED by the Board of Appeals of the City of Tustin, at a regular meeting on the 26th day of October, 2010. Resolution No. 4161 Page 4 Jeff R. Thompson Chair Pro Tem Y. Henry Huang, P.E., C.B.O. Board of Appeals Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Y. Henry Huang, the undersigned, hereby certify that I am the Board of Appeals Secretary of the Board of Appeals of the City of Tustin, California; that Resolution No. 4161 was duly passed and adopted at a regular meeting of the Tustin Board of Appeals, held on the 26th day of October, 2010. Y. Henry Huang, P.E., Building Official SACdd%Amy\Code Enforcemenll520 PaclficVC resolution Appeal 520 Pacific.dom 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 5100 Adoption of and plumbing (including 2007 California Building HVAC) installation Code A105.1 - Permits Bathroom work done without required) permits in upper Permits are required to unit w/ no t9 insure that life safety permits protocol is followed and installation is done according to plan. 4 �. 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. 1j Page EXHI BIT 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 y. 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 t ingress egress in case of fire or other emergency. Furnace Installed TCC 8100 Adoption of—i without required permits 2007 California Building does not meet Code At 05.1 — Permits clearance requirements required and creates a potential @ fire hazard. $t — - Exposed electrical next TCC 8100 Adoption of�-_ i to unpermitted furnace 2007 California Building ` - which causes potential Code A105.1 — Permits , v fire hazard. required I f S v c 0 NElectrical device next to heater Kitchen cooking TCC 9223b2 No cooking facilities not permitted facilities permitted in in guest unit. guest unit Kitchen in Plumbing and electrical TCC 8100 Adoption of per unit installed without 2007 California Building permits. Permits are Code A105.1 — Permits required to insure that required ' life safety protocol is -i followed and installation is done according to plan. Without such _ permits and inspection, • i installation may create fire hazard, water dame e, etc. 2jpage EXHIBIT A RESOLUTION NOs. 4161 AND 4162 Location Code Compliance Code Sections Photos Issue applicable Shower added on to TCC 8100 Adoption of original structure. This 2007 California Building ' requires a building Code Al 05.1 — Permits permit to add additional required) square footage (pop - out) and permits for plumbing, and waterproofing. Shower added w/o permits--7- Railing has no TCC 8100 Adoption of Intennedlary posts and 2007 California Building _ — No inner the run and rise are not Code At 05.1 — Permits compliant with Building required _ posts Code requirements nor TCC 8100 Adoption of is the unprotected back 2007 California Building which Is open. This Code 1012 Handrails — poses a potential falling handrails required for hazard for small stairways children. TCC 8100 Adopfion of 2007 California Building N Code 1013 Guards— rn guards shall be located m along open -sided n walking surfaces including stairways located more than 30 inches above the grade i* below $ There is no properly 2007 CBC Section v line firewall separation 1024.3 Exit discharge C between staircase and location Window at PL the property line. requires Sit N 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 fool 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 I emergency access and safe egress from the unit. Roof drains onto 2007 CBC Section neighboring property 1101.1 all roofs shall be rr' 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 r The carport is attached Change in occupancy to both the main house constitutes a multitude of Carport and the 2 -story garage CBC and Fire Code attached to and attached rear units; violations: making this a tri-plex California Fire Code �I main house unit pursuant to building Section 102.3 Change of R 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, •';v- 1= additional hazards to P, occupants since the occupancy changes V with a tri-plex (common terminolc Unsupported electrical TCC 8100 Adoption of metal conduit (EMT) 2007 California Building Unsupported between garage and Code Al 05.1 —Permits house. The potential for required line over carport damage and failure due to the exposure of the _ line is increased and poses a potential fire hazard. 41 Page EXHIBIT A RESOLUTION NOs. 4161 AND 4162 Location Code Compliance Code Sections photos Issue applicable No rating separation 2007 CBC Table 602 between walls of garage Fire -Resistance Rating - and living units; thus Requirements for Exterior Romex wiring is exposing tenants above Walls Based on Fire unprotected and exposed and next to the garage Separation Distance to fire hazard originating in the garage. _ 12 New junction box without permits mil 9 m Electrical wiring: 2007 CEC Article 334.15 Romex cannot be Exposed Work and exposed or unprotected Article 330.30 Securing and must be and Supporting attached/secured. (Rumex was first used in the 1950's. Color coding (yellow) wasn't available until 2001 Unit does not meet fire 2007 CBC Table 602 rating requirement; 5 Fire -Resistance Rating foot setback required to q Requirements for Exterior q -- property line to protect Walls Based on Fire I occupants from fire Separation Distance *' hazards; or safety (1927 UBC Section 1403, personnel responding to less than 3 feet) p an emergency. TCC 9223b2 minimum side yard setback 5 feet v to to Min. 5 ft setback required (zero - 4 tt provided) 51 Page EXHIBIT A RESOLUTION NOS. 4161 AND 4162 Location Code Compliance Code Sections Photos Issue applicable Heater Installed with a TCC 8100 Adoption of gas line without permits 2007 California Building It is installed on a Cade 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 T6" 1208.2 Ceiling height— height requirement minimum 1 Ceiling height does not meet min. 7'8" 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 'c 3 W V Plumbing added without TCC 8100 Adoption of permit 2007 California Building Code Al 05.1 - Permits required) TCC 9223b2 No cooking Kitchen in rear unit- not permitted Kitchen is not permitted (per zoning) facilities permitted in (Le. plumbing, electrical, guest unit etc.) 61 Page EXHIBIT A RESOLUTION 11 4161 AND 4162 Location Code Compliance Code Sections Photos Issue applicable Unsecured and exposed 2007 CMC Section�F gas line on the interior 1311.2.8 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 Insulation Is nonrated Wall and opening and is combustible protection 2007 CBC (appears to be straw Table 802 Fire - bale) Resistance Rating p. Requirements for Exterior Walls Based on Fire w Separation Distance and Table 704.8 Maximum .a Area of Exterior Wall Openings " m - Combustible material installed between walls ?OIl1 4 III 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, sleeping, eating or living sleeping, v m heat and light g cookin Therefore, it - -- � requires sufficient light, - 1g ventilationheat etc - Ceiling height is too low 2007 CMC Section - E and should be a 1208.2 minimum 7'8" g minimum 7'8" 1 e 0 ;does 7'a g height not meet um Building Code observations are based on a 30 minute cursory and visual observation of site visit on September 10, 2010 s.\Cdd\Amy\Code Enforcement\520 Pacific\Code viclations.dcc 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 I Iif TORY BUILDING OUR FUTURE HONORING OUR PAST Thank you for meeting with City staff at 520 Pacific Street on September 10, 2010. During the Inspection, two detached structures were observed within the rear yard, in addition to a guest house above the garage and a second guest house behind the garage; all of which are unpermitted. A preliminary search of City records also indicates that no conditional use permit (CUP) is on file to establish guest houses at the property. Other noncompliant issues were also noted during the inspection; which include, but are not limited to the staircase on the south side of the garage which does not provide the appropriate setback to the side property line and the guest house above the garage currently contains cooking facilities, which is prohibited. Several violations currently exist at your property, which are attached hereto as Exhibit B. Pursuant to Tustin City Code 1122(a), any violation of the Tustin City Code is a public nuisance. Therefore. please be advised that the City has determined that a public nuisance is being maintained at 520 Pacific Street due in that the necessary permits and entitlement were not obtained for the two detached structures in the rear yard or the two guest houses. You are hereby directed to do one of the following by no later than Friday. October 29, 2010: 1) Submit a complete CUP application with the appropriate plans and all other necessary entitlement applications to the Planning and Building Division for the two guest houses and the two detached structures within the rear yard. 300 Centennial Way, Tustin, CA 92780 • P: (714) 5 73.3 100 • F: (714) 573-31 1 3 0 www.tustinea.org Notice and Order at 520 Pacific Street September 16, 2010 Case a V10.0312 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. Sincerely 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 EXHIBIT A Admintstradve Clitadon Process TUSTIN BUILDING OUR FUTURE HONORING OUR PAST In accordance with Tustin City Code (rCC) 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 andfor 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.ora. 300 Ccntcnnial Way, Tustin, CA 92780 • P:(714)573-3100 • F:(714)573-3113 0 www.tustinca.org NW. "Order al 520 Pacific slreal sapmmbar ie, 2010 Caw N V10{V12 Exhibit B Code Violations at 520 Pacific Street 2007 California Building Code A105.1 (Adopted per Tustin City Code 8100) — Permits Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the Installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. Tustin City Code 9223(b)(2) — Single Family Residential District (R-1) Conditionally Permitted Uses and Development Standards - Accessory buildings used as guest rooms, provided no cooking facility is installed or maintained are subject to a conditional use permit. Tustin City Code 9223(b)(2)(d) — Single Family Residential District (R-1) Minimum side yard setback for accessory buildings used as guest houses - Corner lot line: 10 feet; Interior lot line: 5 feet. NOTE: Please be advised that there may be additional code compliance requirements. EXHIBIT C OF RESOLUTION NO. 4161 Report prepared by Thirtieth Street Architects, Inc. thirtieth street architects inc, October 20, 2010 Ms. Elizabeth Binsack, Community Development Director City of Tustin 300 Centennial Way Tustin, CA 92780 Re: 520 Pacific Street, Tustin Dear Elizabeth: founding principals john C. loomis, architect james c. wilson, architect principal elwood 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 bam 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 — newpott 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 J 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: 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; 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; 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 26 l day of October, 2010. ELIZABETH A. BINSACK Planning Commission Secretary S:ICddWmy\Code EnforcemenlWO PadfidPC resolution Appeal 520 Padfic.docx EXHIBIT A OF RESOLUTION NO. 4162 Table 1: Code Compliance Issues EXHIBIT A RESOLUTION NOs. 4161 AND 4162 Table 1: Code Compliance Issues Location Code Compliance Code Sections photos Issue applicable The use of the property California Fire Code as a triplex (with 3 Section 102.3 Change of units) changes the use or occupancy, - building occupancy California Fire Code from R3 (single family Section 102 Unsafe residential) to RI 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 Bre 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 Bre 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 BBupper L° permits I Permits are required to unit nitwi 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 Q 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 protection Insufficient requirements, setback to se The opening Is not permitted as shown; -PL exterior wall is not fire rated; primary (and only) stairway restricts ingress egress in case of fire or other emergency. Furnace Installed TCC 8100 Adoption of without required permits 2007 California Building does not meet Code A105.1 —Permits clearance requirements required and creates a potential fire hazard. Exposed electrical next TCC 8100 Adoption of to unpermitted furnace 2007 California Building which causes potential Code Al05.1 — Permits m fire hazard. required 'e r 0 N C � O Electrical device - next 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 upper unit installed without 2007 California Building permits. Permits are Code Al 05.1 —Permits ` required to insure that required life safety protocol is followed and installation is done according to plan. Without such permits and inspection, installation may create fire hazard, water damage, etc. 2jPage EXHIBIT A RESOLUTION NOs. 4161 AND 4162 Location Code Compliance Code Sections photos Issue applicable Shower added on to TCC 8100 Adoption of I� - original structure. This 2007 California Building I„ requires a building Code Al05.1 - Permits permit toadd additional required) �- square footage (pop - out) and permits for plumbing, and waterproofing. Shower added w/o permits Railing has no TCC 8100 Adoption of intermediary posts and 2007 California Building -" No inner the run and rise are not Code 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 Handralls- poses a potential falling handrails required for hazard for small stairways children. TCC 8100 Adoption of 2007 California Building e Code 1013 Guards - guards shall be located:" J m along open -sided ._ ' walking surfaces Bincluding stairways'` located more than 30 �, I inches above the grade below Therea There is no property 2007 CBC Section V line firewall separation 1024.3 Exit discharge u between staircase and location Window at PL k; the property line, requires 5ft rh 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 o: imminent is the lack of l emergency access and safe egress from the unit. Roof drains onto 2007 CBC Section neighboringproperty 1101.1 all roofs shall be which may cause drained into a separate flooding. storm sewer system 2007 CBC Section 2007 CBC Section 1109.4 - Drainage across property line 3 1 P a g e EXHIBIT A RESOLUTION NOs. 4161 AND 4162 Location Code Compliance Code Sections photos Issue applicable Structural supports do 2007 CBC Section not provide sufficient 1604.1. 2301.2 General supporting rafters Roof Design Requirements. _ Inadequate members are Floor joist supported undersized to provide along block fence rather structural adequate support than cantilevered from supports the two story structure The carport is attached Change in occupancy to both the main house constitutes a multitude of 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 l access hazards for fire Section 102 Unsafe access and may pose Building or Structures t! additional hazards to 0 occupants since the eo occupancy changes tl with a tri-plex (common terminolo Unsupported electrical TCC 8100 Adoption of metal conduit (EMT) 2007 California Building Unsupported �f 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. 4)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. Y' 1 e 125 New junction boxwithout N 8 permits (Iliq q 10 Electrical wiring: 2007 CEC Article 334.15 Romex cannot be Exposed Work and exposed or unprotected Article 330.30 Securing and must be and Supporting 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 rating requirement; 5 Fire -Resistance Rating foot setback required to Requirements for Exterior property line to protect Walls Based on Fire occupants from fire Separation Distance hazards; or safety (1927 UBC Section 1403, personnel responding to less than 3 feet) an emergency. TCC 9223b2 minimum side yard setback 5 feet v rc Min. 5 ft setback required (zero - 4 ft provided) 51Na;, EXHIBIT A RESOLUTION NOS, 4161 AND 4162 Location Code Compliance Code Sections Photos Issue applicable Heater installed with a TCC 8100 Adoption of gas line without permits 2007 California Building It is installed on a Code Al 05.1 — Permits combustible wood sided required wall which poses a Subject to manufacture's Heater potential fire hazard due installation standards and _ installed to the combustible mechanical/plumbing 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 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 r C o -- � �r v Plumbing added without TCC 8100 Adoption of a� permit 2007 California Building Cade A105.1 — Permits required) TCC 9223b2 No cooking Kitchen in rear unit- not permitted Kitchen is not permitted (per zoning) facilities permitted in (Le. plumbing, electrical, guest unit etc.) 61 Page EXHIBIT A RESOLUTION NOs. 4161 AND 4162 Location Code Compliance Code Sections Photos Issue applicable Unsecured and exposed 2007 CMC Section gas line on the Interior 1311.2.6 Hangers, which poses a potential Supports, and Anchors gas leak and fire hazard and 1311.7 Outlets within the rear unit z Exposed and unsecured gas line inside unit E Insulation is nonrated Wall and opening and is combustible protection 2007 CBC (appears to be straw Table 602 Fire - bale) Resistance Rating Requirements for Exterior Walls Based on Fire A Separation Distance and Table 704.8 Maximum Area of Exterior Wall Openings ro m Combustible material Installed between walla 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 v heat and light cooking. Therefore, It requires sufficient light, ventilation heat etc ' 9� Ceiling height is too low 2007 CMC Section v E and should be a 1208.2 minimum 7'6" o minimum 7'6" 0 c 0 E 0 v 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 S:\Cdd\AvnV\0x1e Enforcement\520 Padtic\Code vtoiatlons.doc 71 Page EXHIBIT B OF RESOLUTION NO. 4162 Notice and Order Cotnmunity 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 111VOKY 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 fotlowina 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 927$0 • PI(714)573-3100 • F; (714) .573-3113 0 www,tuitinca.org Nonce and Order at 620 Pacific Simi Seplem0m 1s, 2010 Caja B 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. Sincerely Bd4d Ste(en n`I r^a'— Code Enforcement Officer Attachments: Exhibit A – Administrative Citation Information Exhibit B – Code Violations cc: Amy Thomas, Senior Planner/Code Enforcement Supervisor Community Development Department T U S T I N EXHIBIT A Administrative Citation Process BUILDING OUR FUTURE HONORING OUR PAST In accordance with Tustin City Code (TCC) 1182(d), fines may be assessed by means of an administrative citation as follows: $100.00 for a first violation; $200.00 for a second violation of the same ordinance or permit within one year of the first violation; or $500.00 for a third or any further violation of the same ordinance or permit within one year of the first violattorL Building and Safety Code (TCC Sec. 8100 — 8999) violations may be assessed at $100.00 for a first violation; $000.00 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 andlor prosecution assessed against the responsible person(s), the property owner(s), and/or the property as a Den. 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(e). 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 I I65(b), which shows a reasonable hardship; or 3) Request a hearing to appeal the administrative citation pursuant to TCC 1180 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.org 300 Centennial Way, Tustin, CA 92700 0 P:(714)573-3100 0 F;(714)573-3113 0 www,rustinca.org Ilolko and Ottl¢� al 520 Pacdk Skagit SagambI"312 Caeo N V1UdJ12 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 feel; 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 (vis. 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. loumis, architect james c. wilson, architect principal elwood 1. 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 newpon 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 boWevwd — 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 fine. 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 —9491673-2643 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, /A�— John Loomis Principal 2821 newport boulevard — newport 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 Aj. 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 Don I3. Matsubayashi Kiyoko Matsubayashi Signature Date Gtr' b- 7 d 435 5. Pacific St. A &1.34 h,G4y .Tm i lrO, �G+ C�� w � �'vf "1!� Tustin, California / Michael T. O'Brien Nathalie Neary O'Brien 545 S. Pacific St. Tustin, California 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 I 1?'i'-i SAJS � Rayntend-MMdes / 410 S. Pacific St. (` Tustin, California Signature Date :.� 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: 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). 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:\CddWmy\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 U C •d E U N v U '-i v .Q F N y N 7 ;O M 2 y E N JN � n-�cn c e II� �Jo3 o D Eicc - raai w O Z.�.c D Dames cta 0y0 y"'y N d C L J N D n d j a) O ti N N E 2 N j y a O aJ Of dN.•'_'r~.. O W N O y W0 'Ca N O O Q~CHN°° �Oaw€ O ° 3LT �w r. 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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 Notlre and Order at 520 Padc Street September 1e, 2010 Case 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. Sincerely Brid Steen Code Enforcement Officer Attachments: Exhibit A — Administrative Citation Information Exhibit B — Code Violations cc: Amy Thomas, Senior Planner/Code Enforcement Supervisor Community Development Department TU S T I N EXHIBIT A Administradve Citation Process BUILDING OUR FUTURE HONORING OUR PAST In accordance with Tustin City COde (TCC) 1162(d), fines may be assessed by means of an administrative citation as follows: $100.00 for a first violation; $200.00 for a second violation of the same ordinance or permit within one year of the first violation; or $500.00 for a third or any further violation of the same ordinance or permit within one year of the first violation: Building and Safety Code (TCC Sec. 8100 — 8999) violations may be assessed at $100.00 for a first violation; $500.00 for a second violation of the some ordinance or permit within ons 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 violatlon(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 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). 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 flne(s) and request an extension of time in writing pursuant to TCC I I66(b), which shows a reasonable hardship; or 3) Raquest 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 fortes and other information on Administrative Citations May be obtained on the City s website at www.tuatlnce.ora. 300 Centennial Way, Tustin, CA 92780 • P:(714)573-3100 0 F:(714)573-3113 0 www.tu5t1nca.0rg Notk and amt et 520 Pectic Sk.1 Septon le, 2010 Cen • V10-0 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 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 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 jamcs c. wilson, architect 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 — 9491673-2643 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: 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; 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 Enforcement\520 Pacifc PC resolution Appeal 520 Pacific.doc EXHIBIT A OF RESOLUTION NO. 4162 Table 1: Code Compliance Issues Revised (11/9/10) NO gill N m Q rN+ _ y _ a) N N O.4 3 � C . �0 • 1, ���� _ . ,. 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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 Thank you for meeting with City staff at 520 Pacific Street on September 10, 2010. During the inspection, two detached structures were observed within the rear yard, in addition to a guest house above the garage and a second guest house behind the garage; all of which are unpermitted. A preliminary search of City records also indicates that no conditional use permit (CUP) is on file to establish guest houses at the property. Other noncompliant issues were also noted during the inspection; which include, but are not limited to the staircase on the south side of the garage which does not provide the appropriate setback to the side property line and the guest house above the garage currently contains cooking facilities, which is prohibited. Several violations currently exist at your property, which are attached hereto as Exhibit B. Pursuant to Tustin City Code 1122(a), any violation of the Tustin City Code is a public nuisance. Therefore. please be advised that the City has determined that a public nuisance is being maintained at 520 Pacific Street due in that the necessary permits and entitlement were not obtained for the two detached structures in the rear yard or the two guest houses. You are hereby directed to do one of the following by no later than Friday, October 29, 2010: 1) Submit a complete CUP application with the appropriate plans and all other necessary entitlement applications to the Planning and Building Division for the two guest houses and the two detached structures within the rear yard. 300 Centennial Way, Tustin, CA 92780 0 P: (714) 573-3100 • F: (714) 573-3113 0 www.tustinca.org Notice and Order at 520 Paclfic Street September 16, 2010 Case # V70-0312 Page 2 OR 2) Obtain a permit from the Planning and Building Division and physically commence with the demolition and removal of all unpermitted structures and improvements on the property; which include, but are not limited to the two guest houses, the staircase attached to the garage and the two detached structures within the rear yard. NOTE: For information on obtaining permits, please contact the Building Division at (714) 573- 3120 and/or the Planning Division at (714) 573-3140. Additionally, all permits related to this matter are to be finaled within ninety calendar days of permit issuance pursuant to 2007 California Building Code A105.5. This letter constitutes your Notice and Order to abate all public nuisance conditions and violations at 520 Pacific Street. You (or) any person having any record title or legal interest in the property may request consideration of this Notice and Order or any action of the enforcement within ten calendar days from the date of service of this Notice and Order. All appeals shall be made in writing. Failure to comply with this notice within the time limit specified above may result in (1) the issuance of an administrative citation pursuant to Tustin City Code 1162(a) (reference Exhibit A attached hereto for further information), and/or (2) all necessary work being completed by City personnel or private contractor, with all abatement costs being billed against you and/or assessed against the property and/or (3) the referral of this matter to our City Attorney for further legal action. Please note that the disposal of any material involved in public nuisances shall be carried forth in a legal manner. Additionally, this notice and order will be recorded against the property in the Office of the County Recorder. If you need further clarification or assistance with this matter, please contact me directly at (714) 573-3135. Sincere[)� Br9d Ste�e�Inl,X� 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 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 thins 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 Ilen. Should an administrative citation be issued, the responsible person has ten (10) days from the date of the administrable citation to pay the corresponding finale). 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 administrable citation pursuant to TCC 1188 within ten (10) days from the date of the administrative citation, together with an advanced deposit of the corresponding finals). Request for Hearing forms and other information on Administrative Citations May be obtained on the City's website at www.tustinco.or9. 300 Centennial Way, Tustin, CA 92780 • P:(714)573-3100 0 F:(714)573-3113 0 www,tustinca.org Notim and Order at 520 Pmetc Street Septemear 16, 2010 Case k V10-0312 Exhibit B Code Violations at 520 Pacific Street 2007 California Building Code A105.1 (Adopted per Tustin City Code 8100) — Permits Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. Tustin City Code 9223(b)(2) — Single Family Residential District (R-1) Conditionally Permitted Uses and Development Standards - Accessory buildings used as guest rooms, provided no cooking facility is installed or maintained are subject to a conditional use permit. Tustin City Code 9223(b)(2)(d) — Single Family Residential District (R-1) Minimum side yard setback for accessory buildings used as guest houses - Corner lot line: 10 feet; Interior lot line: 5 feet, NOTE: Please be advised that there may be additional code compliance requirements. EXHIBIT C OF RESOLUTION NO. 4162 Report prepared by Thirtieth Street Architects, Inc. thirtieth street architects inc. October 20, 2010 Ms. Elizabeth Binsack, Community Development Director City of Tustin 300 Centennial Way Tustin, CA 92780 Re: 520 Pacific Street, Tustin Dear Elizabeth: founding principuls 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 — 9491673-2643 modified hip roofs, etc.) to also be considered historic as part of the original development of the property. The mid -addition and rear additions were later alterations that are inconsistent with the architecture of the original structure and are, therefore, not considered historically significant. Building Code Issues There appear to be a number of serious building hazards and code violations in the current development. The most significant is the construction of the enclosed stairway to the upper unit that actually encroaches across the side yard property line. This addition is illegal and constitutes as hazard, in our opinion, by blocking access in the side yards for fire fighting, as required by the CBC. This stair addition should be removed and a new stairway/entry constructed elsewhere. The rear living unit structure is very non -conforming to Building Codes and it does not appear to be economically viable to bring this structure up to current codes. Further Study Further research using Sanborn and Building Survey Maps could confirm the construction sequence and provide proof of construction dates. There also could be information relating to the use of these structures at the time of mapping. The cost of retaining an Architectural Historian to research this property would probably be about $1,000. Conclusion We feel that the front house and two-story carriage barn are both historically significant. It is apparent that there was only one living unit on-site in 1929 when the City of Tustin was incorporated. There is strong physical evidence that the second and third living units were added much later, post WWII. Recommendations We would recommend that the illegal stairway be removed and that code violations be corrected at the carriage barn ASAP, if the continued use of this space as a second living unit is allowed by the City of Tustin. We would hope that future improvements could include the reversal of some of the inappropriate alterations to the carriage barn to help restore the architectural integrity of this resource. 2821 newport boulevard — newport beach, ca 92663 - 949/673-2643 We do not recommend the occupancy for habitation of the substandard, rear addition. If you have any questions regarding the above, please do not hesitate to contact me. Very truly yours, John Loomis Principal 2821 newport boulevard — newport beach, ca 92663 —949/673-2643 ATTACHMENT B RESOLUTION NO. 4162 RESOLUTION NO. 4162 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AFFIRMING NONCONFORMING STATUS OF CERTAIN BUILDINGS, STRUCTURES, AND USES AT 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 livable units 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 and minimum Building 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 to enforce property maintenance, zoning, and other nuisance abatement regulations and standards of the City; Resolution No. 4162 Page 2 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 requested 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; 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; That pursuant to Tustin City Code Section 9294, the Planning Commission acted in its capacity as the appeal hearing body to consider the appeal of the decisions of the Community Development Director; K. 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. L. That on November 9, 2010, 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 and continued the meeting to December 14, 2010, and directed staff to return with findings to modify the Notice and Order to allow uses established prior to November 6, 1961 (Report attached hereto in Exhibit C); 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 July 3 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. This was the Building Code in effect at the time of original construction; Resolution No. 4162 Page 3 N. That on April 7, 1947, the City of Tustin adopted the First Zoning Ordinance (Ord. No. 71) in which a guest house was defined as "Living quarters within a detached accessory building located on the same premesis as the main building for use by temporary guests of the occupants thereof; such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling." O. That on November 6, 1961, the City of Tustin adopted a new Zoning Code (Ord. No. 157) which required that a guest house was subject to a Conditional Use Permit and that no cooking facilities were permitted. It also established second unit standards which allowed a kitchen subject to a Conditional Use Permit and minimum site standards. Said Ordinance also set forth the definition of nonconforming uses. P. That Tustin City Code Sec. 9273b for nonconforming structures and uses specifies that "Any building or structure, existing at the date of adoption of this Chapter, which is nonconforming either in use, design, or arrangement, shall not be enlarged, extended, reconstructed, or structurally altered, unless such enlargement, extension, reconstruction or alteration is in compliance with the regulations set forth in this Chapter for the district in which such building or structure is located; provided, however, that any such nonconforming building or structure may be maintained, repaired or portions thereof replaced, so long as such maintenance, repairs of replacements do not exceed fifty (50) percent of the buildings assessed valuation, as shown on the last equalized assessment roll of the City of Tustin." The Community Development Department of the City of Tustin may send, by certified mail, return receipt requested, to the owner, as shown on the last equalized assessment roll, of any nonconforming building or structure, or of any property upon which any prior nonconforming use exists, a demand that said owner shall furnish to the City of Tustin a statement, under oath, on a form submitted for said purpose, setting forth a detailed description of said use. Said statement shall be filed with the Community Development Department of the City of Tustin within thirty (30) days from the date of such demand. Upon any failure to duly file such a statement as herein provided, said building, structure and use shall conform to all regulations of the zone in which it is located within thirty (30) days after such failure." Q. That there is evidence substantiating that the unit above the garage located behind the main house and the two rooms and bathroom located behind the garage were constructed prior to November 6, 1961, including the following and attached hereto: 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 Resolution No. 4162 Page 4 provided by Licensed Architect John C. Loomis from Thirtieth Street Architects, Inc. The architect provided a report that "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" (Attachment 1 of Exhibit B). ii. There is evidence that 520 and 520'/2 existed as shown on the Santa Ana Street Address Directory published in August of 1952 (Attachment 2 of Exhibit B). iii. The son of the original owner, Robert Stephen Gaylord, provided a signed statement indicating that "the unit above the garage was built roughly between 1938 and 1942". Said letter stated that "the unit behind the garage was built by [his] father [George T. Gaylord] between 1945 and 1950". The letter further states that this unit, including two rooms and a bathroom, were built by George Gaylord for Robert and his brother to occupy. Mr. Gaylord's letter further indicated that "the rooms were made available to others" of which the only person he remembered was Ms. Grennan who was a caretaker for his parents until they sold the house sometime after 1978. Based on this evidence, the caretaker utilized the rooms behind the garage as an accessory use to the main house. The limitations on cooking facilities in the Zoning Code adopted November 6, 1961, would have been in effect at the time Ms. Grennan was a caretaker and there is no evidence that cooking facilities would have been installed at that time (Attachment 3 of Exhibit B). iv. The on-site assessment by City staff on September 10, 2010, revealed that the upper unit was being utilized as a second residential unit with cooking facilities and the two rooms and bathroom located behind the garage was being utilized as guest rooms in that no cooking facility was installed or maintained at the time of inspection. Therefore, there is evidence that the upper unit was being utilized as a second residential unit and that the two rooms and bathroom at the rear were being utilized as a guest unit (Attachment 4 of Exhibit B). V. The property owner(s)/appellant has testified at the public hearings and shall provide a statement, under oath, on a form submitted for said purpose, setting forth a detailed description of the nonconforming structures and uses pursuant to TCC Sec. 9273(b). R. That on December 14, 2010, the Planning Commission, acting in its capacity as the appeal hearing body, considered said evidence at a public Resolution No. 4162 Page 5 hearing; 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; II. Therefore, the Planning Commission, acting in its capacity as the appeal hearing body pursuant to Tustin City Code Section 9242, hereby reverses the Notice and Order at 520 Pacific Street for Zoning Code violations and deems the following to be nonconforming structures and uses at 520 Pacific Street as attached hereto in Exhibit A: A. The upper unit located above the garage is a nonconforming second residential unit. B. The two rooms and a bathroom located behind the garage are nonconforming guest rooms. Cooking facilities shall not be installed or maintained therein without complying with the provisions of the Tustin City Code, nor shall they be rented, leased, or let out for monetary or any other compensation at any time. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 140 day of December, 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 14th day of December, 2010. Resolution No. 4162 Page 6 ELIZABETH A. BINSACK Planning Commission Secretary S:\Cdd\PCRESOS\2010\PC Reso 4162 Appeal 520 Pacific REVISED.docx. Resolution No. 4162 Page 7 EXHIBIT A CONDITIONS OF APPROVAL 520 PACIFIC STREET RESOLUTION NO. 4162 GENERAL (1) 1.1 The existing nonconforming structures and uses shall substantially conform with the findings set forth in Resolution Nos. 4162 and 4161 and are hereby limited to the Conditions of Approval in accordance with this Exhibit. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building, plumbing, electrical, or mechanical permit for the subject property, ( **) 1.3 Determination of nonconforming structures and uses is contingent upon the property owner(s) signing and returning to the Community Development Department the following: a) A notarized "Agreement to Conditions Imposed" form within ten (10) days of the date of Planning Commission determination. b) The property owner(s)/appellant shall provide a statement, under oath, on a form submitted for said purpose, setting forth a detailed description of the nonconforming structures and uses pursuant to TCC Sec. 9273(b). (Attachment 1 of Exhibit A) c) A recorded deed restriction for the use of the property as follows: Upper unit located above the garage is a nonconforming second residential unit; the upper unit located above the garage is a nonconforming second residential unit; The two rooms and a bathroom located behind the garage are nonconforming guest rooms. Cooking facilities shall not be installed or maintained therein without complying with the provisions of the Tustin City Code, nor shall they be rented, leased, or let out for monetary or any other compensation at any time. Said deed restriction shall be recorded within thirty days of the date the determination by the Planning Commission is final (or no later than January 24, 2011). (Attachment 2 of Exhibit A of Resolution No. 4162) SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) CALIFORNIA BUILDING CODE(S) (7) PC/CC POLICY (4) DESIGN REVIEW "'" EXCEPTIONS Resolution No. 4162 Page 8 d) A complete set of plans and engineering calculations prepared by a licensed professional or documentation necessary to demonstrate that the building(s) meet minimum Building Code requirements, as required by the Building Official for the issuance of permits. (1) 1.4 The property owner(s) shall agree at his/her sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this matter. The City agrees to promptly notify the property owner(s) of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. (1) 1.5 Any violation of any of the conditions imposed in Resolution No. 4162 is subject to issuance of an Administrative Citation pursuant to Tustin City Code Section I I62(a) and may be subject to the imposition of a civil penalty for each violation and each day the violation exists, (1) 1.6 The property owner(s) shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. PLANNING DIVISION (***) 2.1 Pursuant to Tustin City Code Sec. 9273(b) Nonconforming Structures and Uses, any future enlargements, extensions, reconstruction, or structural alterations which exceed fifty (50) percent of the buildings' assessed valuation shall conform and comply with the current regulations of the Zoning District in which the property is located. EXHIBIT A OF RESOLUTION NO. 4162 Conditions of Approval ATTACHMENT 1 Declaration of Nonconforming Structures And Uses RECORDING REQUESTED BY AND WHEN RECORDED, MAIL, TO: Community Development Dept. City of Tustin 300 Centennial Way Tustin, CA 92780 Space Above This Line for Recorder's Use DECLARATION OF NONCONFORMING STRUCTURES AND USES I, the undersigned, declare as follows: I am the owner, and responsible party for the property located at 520 Pacific Street, Tustin, California (APN 401-371-07). I hereby furnish to the City of Tustin, a statement under oath, setting forth a detailed description of nonconforming building(s) or structure($), or use of my property at 520 Pacific Street upon which nonconforming use existed prior to November 6, 1961. Said nonconforming structures and uses are as follows: a. The upper unit located above the garage is a nonconforming second residential unit. b. The two rooms and a bathroom located behind the garage are nonconforming guest rooms. Cooking facilities shall not be installed or maintained therein without complying with the provisions of the Tustin City Code, nor shall they be rented, leased, or let out for monetary or any other compensation at any time. I have read, and understand that, Tustin City Code Sec. 9273 Nonconforming Structures and Uses specifies: a) 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 structure or use of land may be extended to occupy a greater area of land, building or structure than is occupied at the time of the adoption of this Chapter. If any 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 sante 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 discontinued.for any reason except pursuant to a valid order of a court of law fbr 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. b) flny building or structure; existing at the date of adoption of this Chapter, which is nonconforming either in use, design, or arrangement, shall not be enlarged, extended, reconstructed, or structurally altered, unless such enlargement, extension, reconstruction or alteration is in compliance with the regulations set forth in this Chapter for the district in which such building or structure is located; provided however, that any such nonconforming building or structure may be maintained, repaired or portions thereof replaced, so long as such maintenance, repairs of replacements do not exceed fifty (50) percent of the buildings assessed valuation, as shown on the last equalized assessment roll of the City of Tustin. I declare that I have done nothing to construct, enlarge, alter, repair, move, demolish, or change the occupancy of any of the nonconforming buildings or structures, as described above, nor have I caused any such work to be done. I acknowledge that such work will adversely affect the nonconforming status of such buildings and structures. I declare, to the best of my knowledge, that the above nonconforming use of the buildings and structures as described above were in effect in 1961 and have been continuously maintained on the property thereafter. I also declare that I am not aware of, nor have I seen or received any documents or records, including, but not limited to, real estate disclosures, title reports, grant deeds, covenants and restrictions, or similar documents, which are inconsistent with my declarations herein. I understand that, as the property owner, I am responsible for building code compliance, and all costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. Any violation of any of the conditions imposed in Resolution No. 4162, I may be subject to issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a) and I may be subject to the imposition of a civil penalty for each violation and each day the violation exists. I agree to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack; set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff; concerning this matter. I HAVE READ AND UNDERSTAND THE ABOVE DECLARATION I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of 20 (Day) (Month) (Year) State of California County of Orange On , before me, Notary, personally appeared Bret S. Fairbanks and Stephanie A. Fairbanks personally known to me -OR- (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledge that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (Seal) Signature of Notary Public M (Bret S. Fairbanks) (Stephanie A. Fairbanks) EXHIBIT A OF RESOLUTION NO. 4162 Conditions of Approval ATTACHMENT 2 Draft of the Deed Restriction for the Use of the Property at 520 Pacific Street RECORDING REQUESTED BY AND WHEN RECORDED, MAIL TO: Community Development Dept. City of Tustin 300 Centennial Way Tustin, CA 92780 Space Above This Line for Recorder's Use DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS COVENANTORS: Bret S. Fairbanks and Stephanie A. Fairbanks SUBJECT PROPERTY: Commonly known as 520 Pacific Street and Assessor Parcel Number 401-371-07 in the City of Tustin, County of Orange, State of California, (hereinafter referred to as the "Subject Property") and more particularly described as: All that certain land situated in the City of Tustin, County of Orange; State of California, described as follows, to -wit: That portion of Lot "V" of the Stafford and Tustin Tract, in the City of Tustin, County of Orange, State of California, as per map recorded in Book 2, pages 618 and 619 of miscellaneous records of Los Angeles County, California, described as beginning ata point on the West line of said lot, 410 feet south of the Northwest comer of said Lot, running thence South along the West line of said Lot 50 feet; thence East parallel to the North line of said Lot 200 feet; thence North parallel to the West line of said Lot 50 fee; thence West parallel to the North line of said Lot 200 feet to the point of beginning. RECITALS: A. Bret S. Fairbanks and Stephanie A. Fairbanks ("Covenantor") have applied to the City of Tustin, a municipal corporation (the "City"), for nonconforming building(s), structures(s) and uses which existed at the Subject Property prior to November 6, 1961. The nonconforming structures and uses are as follows: a. The upper unit located above the garage is a nonconforming second residential unit. b. The two rooms and a bathroom located behind the garage are nonconforming guest rooms. Cooking facilities shall not be installed or maintained therein without complying with the provisions of the Tustin City Code, nor shall they be rented, leased, or let out for monetary or any other compensation at any time. B. Existing at the Subject Property is a 1,342 square foot single -story single-family residence; a 309 square foot two-story garage (16'5" x 18') with a second residential unit (309 sq. ft.) above; two rooms and a bathroom (325 sq. ft.) located at ground level to the rear (west) of the garage; a detached storage/recreation room (298 sq. ft.) located directly behind the main house along the north property line; a small detached storage unit located along the rear west property line (approx. 150 sq. ft.); and a covered parking structure (which is attached to the main house and the garage). This residence is within the Single -Family Residential (R-1) zoning district where single-family residences are permitted. C. In conjunction with the issuance of necessary building, electrical, mechanical, and/or plumbing permits for the alteration, repair, removal, conversion or replacement of any electrical, gas, mechanical or plumbing system, the City is requesting that the Covenantor execute and record this Statement of Covenants, Conditions and Restrictions. Such deed restriction is necessary to ensure that the nonconforming second residential unit, the two nonconforming rooms and bathroom, and the nonconforming detached storage/recreation room are not extended to occupy a greater area of land, building or structure, nor that structural alterations are made therein. D. Covenantors desire to enter into this Statement of Covenants, Conditions and Restrictions. DECLARATION Determination ofnonconforming structures and uses is contingent upon Conditions of Approval asset forth in Resolution No. 4162 as approved by the Tustin Planning Commission on December 14, 2010. The Covenantor hereby Covenants that the Subject Property shall be held, conveyed, encumbered, used, occupied, developed, maintained, and 'unproved subject to the following covenants, conditions and restrictions, all of which are for the purpose of enhancing the attractiveness, usefulness, value and desirability of the Subject Property, the surrounding property, and the public at large, and to minimize possible adverse effects on the public health, safety, peace and general welfare. Each of the covenants, conditions and restrictions contained in this Declaration of Covenants, Conditions and Restrictions (the "Declaration") shall run with the Subject Property and shall be binding on each successive owner of the Subject Property and his heirs, administrators, successors and assigns during their respective ownership thereof. 1. Covenantors shall develop, improve, and maintain no more than a single -story single-family residence; a 309 square foot two-story garage (16'5" x 18') with a nonconforming second residential unit (309 sq. ft.) above; two rooms and a bathroom (325 sq. ft.) located at ground level to the rear (west) of the garage as nonconforming guest rooms; a detached storage/recreation room (298 sq. ft.) located directly behind the main house along the north property line residential dwelling unit on the Subject Property. 2. Issuance of, building, electrical, mechanical and/or plumbing permits, are contingent upon a complete set of plans and engineering calculations prepared by a licensed professional or documentation necessary to demonstrate that the building(s) meet minimum Building Code requirements. 2 3. Use of any portion of the property, beyond those listed herein is not permitted unless the applicable entitlement, permits, or other necessary rights are first obtained. 4. Use of any portion of the nonconforming guest rooms shall be limited to accessory use associated with, and subordinate to the permitted principal single family dwelling use. Said guest rooms shall not contain cooking facilities nor shall they be rented, leased, or let out for monetary or any other compensation at any time. 5. If any use is wholly discontinued 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 and all future uses shall comply with the regulations of the particular district in which the land or building is located. 6. Covenantors agree that in the event of failure to comply with the conditions set forth in this Declaration, Covenantors will not object to the revocation of the above - referenced building permit. In such event, Covenantors waive any right to have any uses or improvements installed subsequent to the approval of the building permit herein requested, considered or treated as non -conforming uses or improvements after such approval. 7. Covenantors shall pay for all recording costs required by the office of the Orange County Recorder, and cause the recordation of this Statement. The provisions of this Declaration shall be liberally construed and interpreted to affect its purpose of complying with City of Tustin Planning Conunission Resolution No. 4162 and the Conditions of Approval contained therein. 9. The provisions of this Declaration are intended to benefit the public and public properties. Accordingly, it is agreed that the City shall have the right to enforce this Declaration by any legal or equitable means against such person or persons in actual possession of the Subject Property who directly or through any agent violate the terms hereof. All obligations of the Covenantors under this Declaration shall inure solely to the benefit of the City. There are no third party beneficiaries of said obligations nor shall the right of the City be transferable in any manner to any person other than a successor municipal corporation whose geographic boundaries include the Subject Property. 10. The provisions of this Declaration shall be deemed independent and severable and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. Any titles of sections or paragraphs of this Declaration are for the convenience of the reader only and no presumption or implication of the intent of the parties hereto as to the construction of the Declaration shall be drawn therefrom. EXECUTED THIS _ day of , 20 ACCEPTED BY: "CITY" CITY OF TUSTIN, a municipal corporation 0 Elizabeth A. Binsack Community Development Director at Tustin, California. "COVENANTORS" (Bret S. Fairbanks) (Stephanie A. Fairbanks) (Signature of Owners must be properly acknowledged and notarized. PLEASE ATTACH THE APPROPRIATE ACKNOWLEDGMENT.) 0 EXHIBIT B OF RESOLUTION NO. 4162 ATTACHMENT 1 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. 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, 4L— John Loomis Principal 2821 newport boulevard — newport beach, ca 92663 — 949/673-2643 EXHIBIT B OF RESOLUTION NO. 4162 ATTACHMENT 2 Santa Ana Street Address Directory published in August of 1952 N 62 * Indicates Noire Owners &CIF IC (Cont'd) W Second intersects 205*Mllier M E......... KI 2.2622 210*Duvall Zola 8....... k'1 3-360` 245*Witten A L........ KI 2-750`- 250*Carter F M........ KI 3.434( 255*Galban Ambrosio .... KI 2.790! 260*Hansell J S........ KI 2-742( 265 Veeh H R ...... .... KI 3-8631 W Third Intersects W Main intersectE 435*Blakeney M C Mrs... Kt 3-387? 440*Bromell G A........ KI 2-661: Grigsby Ruth Mrs.... KI 3-461` 445*Eaton E W 510*MeCoy H R........ KI 2-656`- 515*White F M......... ICI 2-7590 520*Gaylord G T........ KI 3-3722 5201/2 Reyes Anne Mrs. ..Kl 3-37Z 535*Miller L E.......... KI 3-3685 rear Knutson M E... _ _ KI 3-3685 540 Gray W H ...... ... KI 3-4411 550*Fin enW H.. .. .... KI 3-874' ccn nnsu. I n Mrc. .. ....KI 3.438: SANTA ANA STREET ADDRESS DIRECTORY SECOND. EAST—.from 200 D east 115*Hale F A Mrs...... KI 3.6475 155 Fairbrother Enid Mrs......... K13.6475 160 Thompson J F S Prospect av intersects SECOND, WEST—from 200 D West 120*Chaney C F ..... ... KI 3-0772 125*17roeless Almena Mrs KI 2.8317 130*Zepeda R V......... KI 3-6628 135 Bristow G D 140*Hubbard Mortimer... KI 3-3977 143 Tatum R W 145 Bristow Mary E 150*Malicate Harrison ...• KI 2-2191 South C intersects South B intersects 305*Melvin J E......... KI 3-2453 325 Hell. Hayden 335 Oglesby R L........ KI 3-6723 336 Hackman G B 355*Lewis T T.......... KI 2-5573 South A intersects 445 Meek V C.......... KI 3-2761 4451/2 Everett C K 460*Charleton A M...... KI 3-3211 465*Keeler W G food products ......... KI 2-5378 505*Martin D L......... KI 3-5515 510*Huntley W M....... KI 3-4814 520*Gulick W N........ KI 3-3930 530*Judson F H 540 Wlkox John Pacific intersects Myrtle av Intersects Pasadena av intersects Tustin av Intersects —38— SIXTH—from 600 D west 135*Fischback Mich)..... KI 3-1714 South C intersects 255*Engbaum F M....... KI 3-0443 South B Intersects 305*Lindsey Hollis....... KI 2-5096 335*Ilams Carlton....... KI 3.5890 345*Robinson J EIIz......KC 3-7832 rear Cruzen Adelaide Mrs *Pilcher Bertha 355*Pennington S C..... KI 3-6613 rear White Emily Mrs s L..... KI 34072 ........ KI 2-5138 Mrs..... KI 3-2786 455*Mason J H......... KI 2-3072 4650endricks A S Pacific intersects city thrifts (See also Sixth In rural street ad- dress directory) UMD, EAST—from 300 D east S Prospect av intersects 210*Cardiel A M........ KI 3-5810 240 Nleblas A R ...... ... KI 3-5634 F Intersects HIUD, WEST—from 300 D 130 Hanson & Peterson... Ki 3-7652 Fraser R W Iwyr..... KI 3-5110 135 Tustin Post Office.... KI 2-7463 145 Tus Br Library...... KI 3-2424 City Hail... , ....... KI 2-5681 Council.. ...... KI 2-5681 Bldr Inspes' Die:.... KI 2-5681 Clerk's Ofc........ .. KI 2-5661 Engineer ........... KI 2-5681 Fire Dept,.... ... ... KI 2-0373 Judge .. .... KI 2-5681 Justice of the Peace.K1 2-5681 Mayor's Ofe.........la 2-5681 Police Dept......... KI 2.5681 155 Fowler & Schmetzer heating comr...... KI 3-8194 South C intersects South B intersects 308 Mitchell Beatrice Mrs 315 Custer Marian I..... KI 3-2433 320*Gunderson H E. ..... KI 2-7322 328 Patton K A.........KI 3-2550 335*Pierson F R........ KI 3-3902 340*Burke M W......... KI 2-8355 South A Intersects 430*Chadick N T........ KI 3-9165 440*Miller Eliz H. ..... . KI 3-6349 450*Wilson C S Mrs_ ..KI 3-3582 455*11rowning C R...... KI 3-3465 4650mneston V L...... KI 3.3605 CRISS CROSS 171IRD WEST (Cont'd) California intersects 500*Lelhy 0 A.......... KI 2-8422 505*Sagraves M E...... KI 2.4678 515*Stanton K W Mrs 520*Lawrence M E...... KI 2-0505 525*Johnnsen Carston 530*Lanier C R........ KI 2.6454 535*Allen J W 540*Kenyon 6 F Mrs Pacific Intersects 655*McCabe L J........ KI 2-3323 660*Meskell G H........ KI 3-6410 665*Tric0y 8 T........ KI 2-7733 690*Campbell J D.... _ . KI 2-7671 Myrtle av intersects rUSTIN AV—from W Second south to 845 W Main 205 Apartments A Home Shop Appliance Repair ........ KI 3.4777 Aerts L C........ KI 3-4777 B Nichols Roy....... KI 2-4695 C Cunningham Edith D Muir Henry E Lange N C....... KI 2-5B32 F Grant Mary Mrs 235 Claus J B buses for charier .......... KI 2-9892 305*Harding B P..:. KI 2-5059 320*Warren C R........ KI 3-3015 W Main Intersects (See also Tustin av in rural street address directory) VOBBA AV—from 600 W First north 125 Huntsman Rae....... KI 3-58% 133*Pyeatt G H......... KI 2-7546 135*Thies A J.......... KI 2-0272 143 Vacant 145*Davis L S......... KI 3-3462 rear Bowman Harry 153*Cutler K B......... KI 3-3622 155*McCullough E M Mrs KI 2-2133 163*Sprlggs D L........ KI 2-9821 165*Miller H A......... KI 3-1-W 173 McMullen Thos...... KI 3-4316 175*Windler Fred 177*Baru R W City limits Yorba av In county street RURAL STREET ADDRESS DIRECTORY —45— ACACIA—from MacArthur blvd southwest intersecting 2000 Palisades rd (Served by Sta Ana PO) Georgia Ill. intersects Carolina ld intersects Palisade dr intersects 20042*McCullough R H..... KI 2-176C 20051*WarrenAlf......... KI 2-183 20062*Love L A .... ...... KI 2-294 WF ACACIA (Cont7d) 20231 Sta Ana Hts Water Ca KI *Dickerson R E....... KI Orchard dr lite 20241*Lindeman J C....... KI 20262 Kassell D C 20271*Shields A E 20272 Robson J E 20291 Mather R 0 bldg contr 9,1 *Wagner N M Mrs.... K1 i,CACIA (Cont'd) Sycamore intersects Dale av Intresects 8556*Gray J J Hancock Robt 8561*Betts A J 8562 Bledsoe W A Mrs $571*Lehner 7 20292*Wiland R A upholstr•Kl 2-9942 8641 No return 9 20312*Howell J E......... KI 2.1980 8671 Chichester W T....Grdn Gr 732 M C..... KI 2.1078 203121h Cermank V G Lorna intersects ....... KI 2-1873 20321 Arundell F S........ KI 2-1870 8691*Lewis C C 20322 No return F L Josephine intersects J poultry BE 7203221h*Johnson 0 1 _ ._8g 114 ..... KI 2-1060-1060 20341*HoR C ......... NI 2-2098 Nelson intersects bldg cony 20342a Johnson on P E to Horton H S 10741*8asseu C E.... Grdn Or 2-4446 Rokkum 5........BE 7334-J 20351*Burbank S K........KI 2-1979 10791*Farnsw N M..Grdn Or 2-5571 20352*Lahodny C W.......K[ 2-1975 10812* Farnsworth J L .Grdn Or 2-6627 ..KI 2.1911 20361*Hurtado V P West Intersects 'p A 2*Konz Clem.......... Ki 2-1093 10831*DeLoof J A J 20401 Acacia Egg Ranch.... KI 2-5139 10832a Hargis A C 1 R....... KI 2.1849 Wilson R V....... KI 2-5139 10842a Wilson R L E 20406*Knox Clem Jr 10842b Vacant H........ KI 2-1086 Mesa dr intersects 10851 Reed W K carp 4 Mrs —651— 10852a Vacant CH ...... KI 2-9923 ACACIA AV (Garden Grove) 10852b Vacant In H L.... KI 2-1647 from Huntington Beach 10861 Blehl J H ...BE 7333-M 10862*Harper E H Mrs.. Grdn Or 2229 blvd east, I north of •A........ KI 2-1690 10872 Porter W A ..... Groin Or 320 Robb Garden Grove blvd 30892*Garrett H C n Court Intersects 10902*Showalter W C ACACIA (Cont'd) 10912*Paul G C...... Grdn Or 2-3776 Grove intersects 10931*Blaeholder R H..Grdn Gr 2-6621 10941 Ralph's Sporting Gds .....Grdn Or 24441 10952*Ayala J M Euclid intersects 11031*Moody E A Rev 1Morrison J P..Grdn Or 2-6146 rear rear Morrison 1 Mrs 11042 Wahreeno K e Grdn Or 2-4586 11043 Christensensen Ione Mrs Walnut intersects 11061 Apartments A is Conklin B M Mrs 2 Harvey A J 3 Brockman C E Grdn Or 9080 4 Slehly J J 5-Poluskl H P 6 No return 7 No return 8 Day Lois H.. Grdn Gr 2078 9 No return 11062 Jackson C L 11071*Tariton J W 11081*Riley Alphon.....Grdn Or 2090 11082*Upshall Verales Mrs ..........Grdn Or 9232 11091*Parker Wella Mrs 11092 Lanyon G L...... Grin Gr 6667 11111 Davenport H E Ptne intersects I1131*Wentz W B ... .... Orrin Or 491 EXHIBIT B OF RESOLUTION NO. 4162 ATTACHMENT 3 Signed Statement provided by Robert Stephen Gaylord 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 EI 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. 1 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. GaylordSin rely, rt S Robe . EXHIBIT B OF RESOLUTION NO. 4162 ATTACHMENT 4 Table 1: Code Compliance Issues Revised (12/14/10) I N 2 e �1 O. CL — -� h, 1011ft D@ �p� aN .. 0ro �d �0W m•yi 0 0 2 � cN n0a u N o W M a N2 Q D Np � . CD @ - co G E 0O f0N O O O O Cm Cry U_T � 'rna U0 N aa� � m N N C ,NO N �C N O = ? O N 3.c m 'm p 'C 0 0 Of N U� -OO � d -O H 'O i a) N 2O'n U= $ 'o N y 0 U LAC E O OL) 0 j m •NrL-r m L 'LOT -om E.. C N U y 7 Q a O m N m Eaa �' O 'O O ta O m N "oma E F c _°0% cc U N U d R U .-, L O. d> N a N U— Nc3 - m L L M—m wp cO m a) 0 o'ut y-Oo N 2•E 3m9 c'`L'E cvii NTM3E O N au -,c0 cm mu C T 2 2 j, C O U m y 'lp �.,•N_. 3 '.c -O p N '� y .O C 9 N N N N "O 'N N D O e+ U y e O m O ._ E L'� O� C c O O N mL C O c m 0 7 D> O D m r N O -p O L U N p 01 +. �� O .- o- N d m 0 a) N O E u MI., a O p 0.1 O.0�0 EO wOT 1OJ] EN 0 mm V Q -Z m m 12 n dOm0�1 C. 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U�03 coiU.amm�'m mom- @m'Sc oy mI o uf- da v7cnc m Uv@iUawrEacm°1oi n u a aUa-SEL UoUccy>•@m�rJn2 aE Ute. O@ m a N C j U .GIU Ip @ N c U K N O �@ .O .O N m Nf� =' "" ` G U Ol Y ,' •.-.. 0, n m n n N G1 m'N aW n n NS Om mOrnON a O N r0O 9N CC� QC/72-Nd U > N� y O O N O O O U r Rym O m'oa $ E @ a _ U a C c L L D 0 Oi y CN `a o N N O> m a c �� t p d 3 y g N j o U J N E E CD M° L m N L U m E 0 0 pun lei;uapisai ieaa (payoeyap) woos uoiyeaJOaa %P. EXHIBIT C OF RESOLUTION NO. 4162 Prior staff reports and attachments from October 26, 2010 and November 9, 2010 ITEM #2 ,Ty O APPEAL HEARING l S _ AGENDA REPORT NOVEMBER9,2010 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) u�PlNIFTIR a 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 Al 05.1 — 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 A105.1 — Permits required • TCC 8100 Adoption of 2007 California Building Code 1012 Handrails— handrails required for stairways 0 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 TCC 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: 0 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) Kitchen in upper unit 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 TT 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 A105.1 — 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 Combustible material 2010 a 70 installed between walls -A 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) • (Le. plumbing, electrical, etc.) Code Violations: • 1927 UBC Sec. 201 Application for Permit 0 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: A. Code Compliance Issues Table with 1927 Edition Uniform Building Code B. January 7, 1929, Notice of Completion C. October 25, 2010, Letter submitted at Planning Commission Meeting from Bret Fairbanks D. PC Staff Report and Attachments from October 26, 2010 E. 440 Pacific Street opposition petition F. PC Resolution No. 4161 G. PC Resolution No. 4162 SACdd\PCREP0RT12010\PC Agenda Appeal 520 Pacific conlinued.docx ATTACHMENT A Code Compliance Issues Table with 1927 Edition Uniform Building Code ti � N C (D � U y�� U a'nmN , o O O a _ o v m c v aO N �pN a E C)E a)c °I 0) 0 ° 2 p Nad ON CO N O'p "a 11 d°cc$� =�0ui`0M ca:a'&'m.c�"c isenD y .�0c0wZ EaZ` N d. U N n m y C (Na a) N E 3 a C 'O C E m C C pYO O N y y � p '7 a m z O N p Ol N N 5 ..p. la N c c C o o p E �p C !CO C~ n M. N a M O O 0) pl y O 'O c p N N N 2t3 ` .i0 2 2 N $. (a C U A°• N U N C Or O '5 `p 2 O) •O «_ '� i7 L _ N y 07 C La O 0, `� MZ aU !C m NamEra w N a) d a .$ .''- j .'30 N .0 O mcCdM ca) 2$�°mwrn w0 'O ° , O lya N ''-'�..c1°rnca��3 E M g cL R�� rnmm$$ 0 a)>, Nc, 258's 2�2'a'vyo; cU C v_. 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Uo(J 'o U Uc UoCD Mar UwUmcO UOU=ymy� m M m e m LL O_ 7 MZ) m 7 y U N m�� m' -^ON y c 7 V U¢ � o mp�m! C 7 V U N O ('7 U nanD'aci 0111ren.-a•- O rn o prp - o ONi O O CD 0 V W ON1 pap,, U O LHw m yN �pQF-NU M �p4 0 d m 3 m a 0 N 'aCLvm E'am5c£St ya v a N c of ,OC add cmm'o L% F toL,,, y C m S y a N CO N m 'c .O � y y M% 5 U na c 3 t rn S E€ L` a �"� O c O Y C N O y E y �(L as a m m U 'Y�3em C L � m 3 m 0 1oc pun lel;uapisej jeea :i 13 I a N N 0 o �3 L IL � c m N N 02 n r d v °f E a L OE O Ny E Uv E N a np oF° �o C C ° (D r = 'E,2 Ern = E ❑ of 0 m w c .p _ « mouiot25.002?LD aEm°a. 0 0 N O atp g° w V IYi d .0 N Y p, L W O. M 6) .(D m G y '6 N y C°5 EL N 'o B-�'E -A oaFL--am 61 c T y y_ p. N N m 0 ,•yam O` O N _�' C C m ca iC_+ m y a Ol N N 6) C O N a O C— ts 0{ O m N G �`' N w OPV NOS 3c 00 m 7 V ONEC y EE p N O)-p N C N C C a° c° , O N i? �rayc °«y�mT ° � i.Em y W acOm Oi M 0. NcN 0—rn, G«cNtE0 Co 02"ac pap y N d d•ON'DjL °Oin Yol M V4 M'C mp7 O 6N Ema ON y 0 a;a_ cc C=Or d .mo�m ��oc3U mom �pn �m63mm 30uL) aEyo oW o N _ N y�EO° N m FOC yNw'� 0 m c° I� 02 o O N -6MWp.c c N p s 61 �!1 C d= �p 0 �''0 m y-� N.. E._ co�O,�y �Uvdid01m na'Em FSS yE CL -0 CL ��00°yc wQ10m .°c mcaWO m�c�CmE D C V d to N N m,°�.m�o°�a10m�yyy0 V =' L D N 61 8 U N U l�_6 O I, c n p 6) K N O N m O C>> d o> O y N n'� n .s;C c 06 D)Y'j A N a N 'C C L y:. �pp6�,� C pp ❑ n m 00 N U C.Nc C.L.. V W Q4W �h2'°O N� O > N 6) O C W L 01 N m c 'O N> p 2 F i� O r a d NQ L L y a R 4Cp N m 6J m oL .c 0 E c —�° ° m ° M �° M w E mNs UmE c 0 m 0 ;jun lesaueplsw jeea (payOeaap) woa UORVSJOaa ATTACHMENT B January 7, 1929, Notice of Completion Has tied at remnant of Grantee 1ov-3, 1928 at 30 Yin, peat 8 A.Y., In Hook 2161 P►E4 dl, Offlalal Records of Orange County. just,.. Witt". County Recorder, Ruby Oa ren, :P Adele Luta COMPAREL Elsa Couliffe 35054 CORPORATION GRAWT OND BAAI or ITALY NATIONAL TRUST AND SAVINGS ASSOOIATIOP, a national banking sowooletldn, in oonalderation of Ten and no/100 DOII&rs, be it in hand pwld, the recalpt of &klnh to hereby acknowledged, does hereby grant to GEORGE GAYLORD end ALIOE H. GAYLORD, baebend end wife, u joint tenants, with right of woxviveralap, all that real property sittuted In the Center of Orsaga, State of Galifernia, described as follow&, That portion of Lot 'To of the Stafford A Tustin Tract, u sbown on a Yap reoordodDA Book 2, page 616 of Ylatallateous Records of LOS Angeles County, California, described IN beginning at a point of the Rest line of seed Lot, 410 feet South of the Northwest corner of .aid Lot; running thence South along the Nest line of said Lot 50 foot; thenca East parallel to the North line of said Lot, 200 feet; tbence R.Tth parallel to the [lest It.. oI Said Lot, 50 feet; thence Peet pnr111e1 to the North lino of skid Lob, 200 feet to the point oI beginnin At on appurtenance to the above described property a right of two, for Sngroaa and agree. and for gas and ..terpipe line* end for alectrlo light poles And wires over the follow - Ing deoarlbed portion Of Lot 4s o1 Stafford A Tustin Tract, ea ahem on a Yep recorded In Door 2, page 619 of Miscellaneous Reoorde of Low Angeles County, ontifonSa, de.oTlbed as beginning at a point on the North It.. of said Lot eV•, 196.56 feet West of the Northeaut corner of amid Lot, running thence Bouthorly parallel to the East line of sold Lot, 666,97 feet to I point on the South lits of add Lot, which point Se 200.61 foot Nest of the Scuth- .set eorw rof said Lot; thence Wast along the South line of Sold Lot, 60 feet, tore or leas, to a point on Bald South line, whloh is 20D feat not of the Soutbwast corner of $old Lot; thence Northerly along a line parallel to and 200 feet each of the Rest line of said Lot, 667.02 TceS, to a point On the North llnw Of -Nd Lot; the.. East 60 feet, mora or lees, to the paint of beginning. This Cooler ... 0 1. ..do upon the following erpreaaed *orditlons, lot. That no portion of odd property .hall be at any time leaved to or occupied by & member of any root other teen the Counsel" race, MealcM8 not permitted. 2nd. That no etructdre shall be ereotrd upon said property oroopt a dwelling house for tae hablt&tlon of bumtm being. and the ordinary outbueldiuge owuelly constructed for use of 'sold property ae a dwelling plane. 3rd. That ne dwelling or etruc,ur. for uaa a9 a dwelling shell be areoW which shall cost lees tben 03000.00. 4th- That no dwelling or structure shell be erootedpn said lot, the Iront part of which 1s nearer the front it.. of said property than twenty feet. All of the foregoing oeaditions era declared to be oeyonento running with the land as the Deme are made for the borefit o1 the remaining property in the wubdiylslot of rhich said property to a part, and in eke event of a violation of W of gold oovonentm or oondItlome, then the title to odd property shall revert to the OTMtnr, With reaeration across said property for water pipe line for irrigating adjoining 1".. TO HAVE Am TO HOLD to tae said grantees, as joint tenants with right of suryivorship. l r + q�',n5v+'rlgn ,;�fR.'°7y�.'- '.ry >tqn:; _..n ac^w T• � "'7. }.��i'A"e1'4"49�A i b Alf -4 WITNESS NRERSOF, the BANK OF ITALY NATIONAL TRWOT AND MYIKds 191fp�I1lY �Ar alereunto cnunea its eorpors[e Home to be signed by its F1oe(ProldeoS and l,oldia*����J Officer, thereunto dUIY mthorimed by resolution of St* Dowd of Direatore, tall. e1O1E dp of October, 19m. .I 1 BARN OF ITALY NATIONAL TRUST AND SAYINGS 4806 By C. L. potent Wlea-President. And R. D. yeller Aseletant Trust 0' state of Callforala Onmty of Orange, .e. ';T' On this 16tb day of October, 1928, before ae, R.K. swidTY�u`, ' s Notarf Public in and for said Oouuty end Otsta, ruiaa{. thereln, duly coanlenloDOd and sworn, personally appeared 0. L, ootent, teed to m to be '. the T104-Frcaldent, Bud ft. D. Fuller, keen to me to be the ANelwtant Trust Officer, of vhi oorporatlon described Sn and that situated the within inatrueent, and known to me to be the peraoss wbo executed the within Instrument on behalf of the corporation thereto rated, and acknowledged to we that ouch oorporatlon executed the sem, IN WITNESS WHEREOF, I have berednto set w bend and affixed my offlulal weal, the and year in this Certificate first above written. ((SEAL)) R. K; WIMBEN Notary Public to and for said Oou::ty and 8idts. Filed for Record at the requ*et of Orentee Nov -3, 1928 at 30 Kin. plot 8 o+olouk ►.11`.':,';, and Reoorded in Rook '216, Page 96, of Official Reoorde, Orange county, California. Juettne'. Whitney, Recorder, By Baby Cameron, Dorxty. Adel. Lute CORPARM TLa Oonllfle 75055 j CORPORATION ORANT DITZ TITLNDUARANTES AND TRUST OOWPsaY, a otrPGxmtlon organized under the laws of the i state of California, and having Its paltOIPal plece of business In the G1ty of Lou Auclo., County of Los Angeles, state of Oalifornis, in consideration of Ten Dollars ({10.00) to It In nand paid, the rbOelpt of which 1• hereby acknowledged, does hereby GRANT TCt RALPH P. NASIBY and IRNRE RASSKY, bunband and wife, as Iolot tenants, all that real property situate In the GOuatY of orange, state of Celifornia, and pmtloularly described as follow., Lot TNenty-eight (26) of Tract Ko, 747, as per eap r000rded it, Book 22, Page 29 cf Nleca llmeoua N.I., Record. of Orange Cou.ty, Callfornle, SO the offio. of tba Uomty, Recorder of Bald County, i Subject to Oonditlone, Restrictions, Renervations and Rights of Say or'R.Oord. Reserving an eaadmnt over the rear three feet of amid premises for poles and lino fur the dlntributlon of vlePtr Joel energy, and other P.bit. utility It.... Gabj*at to tames for the fiscal year 1929-29. �subjeot to County lien. and Aasesatents, if any. Provided, however, that Shia tvnveymne 10 nada and accepted upon each of the f011snA conditions, wbioh shall apply to and be bind_ng upon the Grantees, their heirs, dsvines, srecutor., Odelniatretora and aesigm; FS ret, net *e14 Pr*d*es *ball not be aold, conveyed, laced or ranted to, or SOAP, by ony person of lfrioan, Nexloan or Matto descent. senondt That saitrlTemdwes shall be Wed for residents proposes only, .M in tNa aver, Mh barons" shall m designated v roaldeon. potpoees, each p\IrPO..a emu be '1.i:5 Approved this 3rd day of July, A.D. 1929. The ►retia charged for this Bond 1a $10.00 for its tare. C: J. marks iXd Judge of the Superior Cour) of the odunty or Orange, at.%$ of D*1lfornla. State of oalifclula, ee. County of Lorhagele e. On tnl• 2M r.v of Jul), An the year One ,ttwnnnd nine L1madt ono twenty-nine, before se, B. H. Radpeth, a Votary Public, and for sold County, melding ther.11, Only aealee"tad and aware, pateonnlly am -.rad , , E. L. Cola, known to me to he the person Whop name Se subeorlbed to the withlo and *maxed Snetroment, se the Attorney 1. fact of the Royal I,dw.lty Company, and acknowledged to r that be euboonbod the nese of the Royal Indemnity OowpaOy thereto as surety end his own .masa Be Attorney in feet. IN WITRCSS WHCRICDP, I head hereunto eat my bend and affixed t7 official nal, at W office, in veld County Of 'pa Angel.., the day and year last shote written. ((SCAL)) S. H. Redpetb votary Public, in end for said County of we 'Melva, State of Califorptt. my 00mb*s1m vxntee• Aug. Re, 1932. state Of 011ifonnia, u. Crusty of Orengs, 1 do eolennly swear (or affirm) that 1 rill vupoort the CO."1tutI.pFf the United States, Ord the 0 ... titutlan of tie State of Omliforula, and that I will faithfully dleoberge the duties of Votary Public in and for the said Cwoty aaacrding tothe beet ;I eT ability. Be. S. Patton. Subscribed &a1 eeorn to before me, take 3rd day of July, A.D. 1929. ((OOORT SIAL)) J. B. Book. County Clerk By A. L. Hltchcvok Deputy. Piled Jul 3,1929.7, X. Back., County Clerk. By H. Deputy. N -Carded at reducer of Ben B.Petton, Jul 3, 1929, at 53 min, cart 10 A.V. In Book 290, Page 311 Official Record. of Orenge Oounty. Juettne Vhitney,County Recorder. Repay Hea.elbeloh Deputy. 2o74a Ilea Oomllffe CONPARDD Adele Lots - - - 0 0 0 - - - ROTICV CP OONPIdTION STAT[ 9w OALITORK11, )) COUNTY CT OAAMC[, ) tie. OCORdE CATIONS sad ALICE R. oAT6ORD, huabend and elft, being first duly Porn, dspdsa and rayl that they Kra now, end were upon the 7th day of January. 1929, the owners to fee elm Of that 0-1111¢ reel property e1taet,0 Sa the Olty of Tustin, County of orange, Stat, of C11lforala, and particularly described ria tollows, to-Niti That portion of Lot or of the -Stafford and Tuetln Tt&W, as whom on a Hap recorded In Book 2, pages 618 end 619 of HS... ilapews Record. of Low Angola• County, 0alifdral*s decor So i-glanlaN at a point on the watt ties of wain Let 410 feet South of the W."ble.t .0co r -of treating said Lot;stbepoa South Along the leaf line of sold Lot 50 fest: Shona. .... ....... l to. tks Borth It.. of sold Lot 200 test; lbaeos Worth paallsl to the West line .f sold Lot 50 feet, tbence most parallel to the Worth line of sold Lot P00 foot to the point of btglnang. _ is 1 1 9U TWT awe ruth owners of told lend, afflents, about the ?to day of Jonuer,.IM, Maaanoed the ereation sad oonat Notion, upna the land above desorlbed, of Mrtalb bg11dI41 td-'ItI A dwe111n6oavo and garage. THAT Mid WSldlage have been duly conetruoted. and the ease were actually w pllW0 oq the 3rd day of July, 1929, and aaoepted by the um omlgned on the saw day. TWO iotlee le given to ouraunme of tie tywAedone of Beotiou lld? of the and, Of �q C1.11 Prowedure of this State. George Dvlord Alice H. Gaylord t 331BNORIBgD AND SWORN to before se this 3rd day of July,1929. I ((NUG)) T. G. Andrews Watery Public In and for .aid Beauty and State. State of oalifornle, 1{ Bounty of Orange, Gearge Osylord and Alice N. Gaylord, being drat duly aworn, depose sed "T. that they are the owners of the OwOperty denarlbed In t_%a foregoing notice; that they SAYS read t wewe and know the mntbnta thereof, em that the .,me lv true of their own knowledge, I George Gaylord I Altos e. Oeylo[d SORSO9IBND AND SWORt to before ae tbte 3rd day al July, 19B9• ((NUL)) Y. L. Andrew. Notary Patin in and for Bald County and State. Recorded at re0uvat of Owner Jul 311929. at 55 Ma.paet 10 A.M. in Boor 890, Page 312 Official Records of Orange Oounty, Just IDs Whitney, County R000xdar. Wendy learn lluleh, O'nuty. tlse Oonllffo ODWARLD Adele Iota 0 0 0 - - - 20]91 Sante Aua, Delltpm la, July 2, 1929. The Board at 1n rrgoler ..veto.. Present guoervLoor Willard Math, Ohairasa, O. N. Cana... John 0. MSL obeli, We. S.bu..Mr, George JSfirby to the Clerk. To Re: Owed of Right of Nay. On sotlnh of Sueervlvor Cbepa.n, duly aaomdod and nnrrled, Med for Right of Way fres The Irvine OoMsny, s Gorporat/on• In the rourth Read Dlettiat° wee e>oeptad and deulamd a oublio btahway. +hl.h said road is more dnrtlaularly 4 ... tibed ee follow., to -vitt A strip of land sixty (60) feet In width and batog thirty (30) feet on Saab side of the tallest ng devortbed center line; °8891trtog at tuglnees'e Station 139-34.52 of that certain nubllo highway comMly known ae County Park Rand ea laid out wad Imptoa.d by Orange County In 1921 and 1928, and taming thence from Mid point of beglnin,, g. 25 dog. 19' t., 1423.00 fest to the beginning Of a aurve ton"at h.ving a rsdlu. of 2000 feat em beiut cones. taatarlr; thane, torthwrly, .long cold aura through a neutral angle of 3 deg. 551. 136.72 feet to a ltna tangwnt; tb"N 9. 22 deg, 24' w., win., void tangent line, 166.34 feet to an luteteeatlon with the vorva- 'w+vterly line of Irvtne'e Wbdivlvldn as show on • Yeo thereof reoordad to Boot 1, Page NO. glaoallaneuus Record Yep., Records of Or"" County. California. At the SntereeMloti pf , the lines of this rigM-uf-vay with tips of County Perk Road, the corners am to be eht utlai'. the radii a..toes on the agoovpavying Yap., ;i 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 Justina 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 30th 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 helpful 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 Justin 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 he said he would get back to me. On Wednesday September 15th, 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 17a' I received the Notice and Order / Declaration of Public Nuisance (attached Sept. 16). The following Monday September 20th, 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 first 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 THE 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 fust 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(b)(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 TEVIE of the adoption of this Chapter may be continued although the particular use, or the building or structure does not conform to the mations 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. Lf 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. 1 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 (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 BUILDING 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. Chapter 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. W Section 8-102.1 Application. The CHBC is applicable to all issues regarding code compliance for qualified historical buildings or properties. paragraph 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 dander 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 (CHBC) and the Cultural Overlay is to preserve old structures and make sure they are safe and I have done both. SITUATIONS SEUMII.AR TO WNE 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 6th 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 A105.1— 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 than 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. V July 27, 2010 City of Tustin Community Development Department Justina 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 '/2, we have and pay for 2 separate electric meters, and have various city permits for improvements we have done on the home since we purchased it in 2000. The buyers lender is requiring a letter from the city stating in the event of a fire, earthquake, or disaster, the city would allow the guest houses to be rebuilt. Attached are documents from the county tax assessors office showing the guest houses have been here long before we purchased the property. Thank you for your time and consideration. This letter is all we need to close escrow. If there is anything I could do to help speed up this process please let me know. Bret Fairbanks C.P. (949) 933-6886 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 1/2 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, 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 Se: it by first Mass 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. As such, City staff hereby requests to inspect your property. Please contact me at (714) 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, 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 • F: (714) 573-3113 • 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 v✓;thin 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 athomas(C2tustinca.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 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 9 P:(714)573-3100 • F: (714) 573-3113 • www.rustinca.org Community Development Department Sent via first class and certfted 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 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. . ion C'P., rP.,..al 'W/� , T ori.. CA o07Rn • P. (71A1 471.110 • P. (71 Al 571.1111 0 Nofice and Order at 520 Pacific Street September 15, 2010 Case t 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. 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 Notice "Order at 520 PwAc Street Sept a 16, 2010 Caw 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 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 EXHIBIT A Administrative Citation Process TUSTIN BUILDING OUR FUTURE HONORING OUR PAST In accordance with Tustin City Cede (TCC) 1162(d), fines may be assessed by means of an administrative citation as follows: $100.00 for a first Aoladon; $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 vblsdw. Building and Safety Code (TCC Sec. 8100 — 8996) 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 violadon(s) with the cost of such abatement and/or prosecution assessed against the responsible person(s), the property owner(*), and/or the property as a Poen. 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 ons 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 1165(b), which shows a reasonable hardship; or 3) Request a hearing to appeal the administratim citation pursuant to TCC 1188 within ten (10) days from the date of the administrable citation, together with an advanced deposit of the corresponding finals). Request for Hearing forms and other information on Administrative Citations may be obtained on the City's website at www.tusdnca.ora. 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 I0-0312 Dear Mr. 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 athomas(j�tustinca.org. Sincerely, Amy Thomas, AICP Senior Planner cc: Y. Henry Huang, Building Official File 300 Centennial Way, Tustin, CA 92780 • P: (714) 573-3100 • F: (714) 573-3113 • 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 Publish: G' -k Tustin News, October 14, 2010 If you require special accommodations, please contact Tustin City Hall, 300 Centennial Way, Tustin 92780 714-573-3000 ADDRESS: 520 PACIFIC ST DATE: 29 STYLE: CALIFORNIA BUNGALOW SOURCE: RATING: T C ALTERATIONS: F HISTORICAL DISTRICT: YES COMMENT: DESCRIPTION: CITY OF TUSTIN HUSTORUCAL 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 Maxple, 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 Street He sold this lot to George Gaylord in 1929. The Gaylords received a completion notice on then' 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 still living in the house in 1965. This bungalow fits well into the streetseape of the Tustin Historic District and contributes to the tree -lined street because it is of an appropriate size and scale. viol ORANGE COUNTY AUNSOR MULTIPLE RESIDENTIAL UNIT APPRA19AL RECO A9 �— AOOREMO �?��/� s P..: c-l' - -TRACT A.P. NO. 4RAIl/A» OM17RICT YC+.� ,. - _ LOT SHOE OYYNEa BLOCK PROJECT NO. faurt LAID YAWS COMPUTATaMOS LAND M UNIT ATTRWRE PATE MR UNIT uR RVA l VA 1 ARM ffww -40. 60 AYT. '-+• '�'JOu ' P DOTH -Jam 7OO do rERMIT y 1 DOW- - 1 RORlJ!M]ATIW res ❑ MD [ SUMMARY E IIIIIlBIILAR— `Y+ p NG a i YEA El wMR AAgfaR T ; ,. ) /. � 97q V {fie ssr✓ <XWA*-ve CDRNEII rq NO AllEr Y°s G'!! J MON" oAY YEAH - / 0 - 7fE AQl. 10 YIEN' 10 n�5 EWA. �i O 11 XOIFR. f110NT, _ vE1 �"1 MO r� IAIO YI,WE ]� ❑i _ / (lLd,.. ♦LQ Ix ARAI. AT]MM= ' Q =CI a C aMaO11TIDM Im'"11111 _.. - d LYSYIi_.-1- - la UNIT CdlgW, 10 x ❑ a r' 1727 1 c: E D, A.II IMDIGTDII UMR MAT. INDICATOR = C(E C ED IMDICATr) !AW ERIC! _.I FRD111 YEE ❑ ND C. lNR7m rINO[ la DDCNIND RIGHT, 9 O NO C TOME Rpa V— O r ZDMINe CP9DAM. YEE I^ MD rI AMD YALM! r uIO DY 1 ❑ =o VALLO a MI.RIJIC® IMr YA ,� MDiQ OERaDNK fRgRRTV VAAM! - _ ^2 l#.- IN wweML RIlNn •ea n No r� a'. -._3. Yo.._,6. « lYcpave iMAffIC -- L///7S - aAe /1 ID/T.- « TEMAMT fARe1N0 _ __. 1 ❑ ]��-1.=n rD .a .._... .._ 9U1E+ YARRINO E.4.1._E.Ld ' y A.n1 79-10 Cwa.r!] 0322.-.fiiQ 5..$Pf cwc�!, /:/�sy6C2 wn ...- a um 711. 041 .rLLM r L -- -- TO 3FAf . or*Apf 5r,%RA LsT 4J .ve 34m9I _ OX SCO Aro &TOSTNAwT N e7lA]='SO JCaCYVL!LECJ .'i-/y �! I FORMERLYSO --i w®awoRNooD Ari]RMMTet rwEe FAM. R< Yn l MD _ a :7 : YY_.___ _ .... 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ID `DMM` ii;:� =�N a ....... -im , �..Ja3v fYY�WO OND rr� wWareb PN A V), V/ Property Detail Report Property Detail Report for: 520 PACIFIC ST, TUSTIN CA, 92780-4329 Owner Information: Owner Name: FAIRBANKS,BRET S Mailing Address: 520 PACIFIC ST, TUSTIN, CA, 92780- 4329 Vesting Code: Page 1 of 1 J1 DIGITAL MAP ilqwNk ppinq p CC:tir TS 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: APN: 40137107 Alternative APN: 40137107 Map Ref: Twnshp-Rnge-Sect -- Legal Book/Page: 401-37/ 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: Sale Doc No: 0000002609 Price Per Sq Ft 1st Mtg Int Type: Transfer Doc No: 0000161105 Price Per Acre: 2ed Mtg Amount Mult/Split Sale: 1st Mtg Doc No: 337621 2nd Mtg Int Type: Sale Type: FULL CONSIDERATION Deed Type: Title 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 Cond: 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: 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: Assessor Lot SgFt: 10,000 No of Buildings: Land Use Desc: 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 httn•//manc dioitalmanePntral rnm/nrnrinntinn/f'itvf'.fS/vO7 02 003/index html 0755053/3 A4-830 $341,900 $56,800 $556,033 133 MULTI FAMILY DWELLING 9/10/2010 Design Codes 001 - Single Family Residence 002,Multi Family 999 - Misc. Improvements Requested By Address 3;k) 'i iF'i ud Phone ( ) Signature PUBLIC SERVICE INFORMATION FORM MULTI FAMILY RESIDENTIAL 1 2 3 4 5 6 1 7 B 9 10 11 12 1 13 14 APN BLDG# CONST YEAR USE CODE DESIGN TYPE INISHE BSMT SIZE BLDG IZE-1S 2ND FL T73_ BLDG SIZE 3RD FL BLDG SIZE 4TH FL _ BLDG SIZE 5TH/UP UNIT MIX GARAGE/ CRPRT POOL SIZE YIN ' G LAND SIZE iLo LL Izi o m F m I 179 L � r f m n C c r' O m O p 19 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 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 ratesaocsd.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. M SEWER CONNECTION APPLICATION AND PERMIT (AREA DEVELOPMENT—SINGLE OWNERSHIP1 CITY OF TUSTIN W Th' d St 135 /Tustin, California APPLICATION To be completed by owner or agent and submitted in quin- �+ Nplicete with required fees and plans—see reverse side ApplicenT.. tollcw,ng connection(s) to City's sewerage facilities: Location Lot Nos. 3 _ -, hereby requests the Size Type See reverse side for instructions( F[ 12- 1- F'vrPUG CcvjA.t:cr70w) To To_. Tract No. _ - - - _ Total lots` _ - ----Estimated date of occupancy if commercial or industrial property, total acreage served_ ------ The `,rite to be discharged to City's sewerage facilities, if other than purely domestic sewage will have the fcdewinq general characteristics as to estimated quantities, time of peak discharge and principal source or sources: In making rhh application. applicant acknowledges that any permit issued will constitute a contract, if accepted by applicant,, and may pa enforced by civil action at law and/or injunction. 61/U Date: 1?1. __ -. - SIGNATURE PERMIT No.Q ' For Connection to City Sewerage Facilities fi and for Discharge of Domestic Sewage Only Permi cion to ornaruc} eor.nec tionls( to the sewerage facilities of the City is hereby granted to applicant providing -uch rw+nnrr,oni s� is mace in accordance with plans and specificahans hereby approved, and attached hereto: further pro,,:iinq that request for inspection must be given to the Tustin City Hall (544.7820( at 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- -r-cC;;nlsl hereinabove nuiharized into the sewerage system of the City. The discharge of any industrial or commer- *C' nal w,ntc is net nuthorized without a further and separate permit from the City. Rncmpt of required foes and charges as specified by Orange County Sanitation District No. 7, Ordirence Na. 7051', to / 77 it. _ � _ _ CITY OF STIN z A is hereby eckn wled od. �/ ,.� Date:. Amount Paid $ 4.00 p; APPLICATION FOR PLUMBING PERMIT API*ANTS PLEASE FILL INSHADED AS ONLY -- :.ISG LIBLE PENCIL, BALI. POINT PEN Uri OTHER I NON ERASABLE SUBSTANCE- I APPLICANT FILL IN THIS SHADED AREA ONLY _r ILL IN COMPLETE LY CITY OF TUSTIN 6 14 5 PERMIT FEES N c0clv.. WATitRCL0SF1' TOILET 1 s s "-L- RgTH TUS 1-H ' NE 57 N: - - LA1Alr;nl- 'AlluAlh —1, S'Z7 R—yl H-�—v AIL 0 -A -A:�'. N1 1-1 C-1 I DISH.AsHLA x 1 bo n01 EIr1 4r UMNAL I HAPS 4TER llhAFqR WATER soFrtNEHs SPRINKLERS HCS. 0 COMM. IR41LER H 0.. UPS I INAL 11111 IIY CO N.II II II I. PI HMI I VA[.iD.',; �J(!Jj WHEN PROPERLY . -I'--_.-- . I f 14OUSE SEWER (VALUATION) I PERMIT ISSUING FEE AA.0 CASH SPACEI THIS IS YOUR PERMIT. TOTAL FEES CITY OF TUSTIN Community Developmcnt Deparanent- Building Division 300 Centennial Way, Tustin CA 92780 Building Counter (714) 573-3131 - Inspection Recorder (714) 573-3141 MADING PERMIT NU114BER:1301-0499 ADDRESS: 520 PACIFIC ST TUST SUITE ASSESSO&B PARCEL NUMBER:401-'371.07 SUITE NUMBER...: LOT NUMBER .........................:.....:: TRACT NUMBER.: DEVELOPMENT AREA........]....:..i TUSTIN ISSUED BY .............: - DATE ISSUED......: PROPERTY OWNER. ....... _.............: LOUIS METRO BITER R E PROP ERT 109'f W NDSORLN TUSTIN CA92780-4329 CONTRACTO - ARCHITECT A4 ALL AMERICAN ROOFING' 1824 B. CARNEGt AVE. SANTA ANA, CA92705 (949)250-1221 TOB DESCRIPTION: TIO RF, REP W/ 25 YR OAF, 30N FELT, 3.5M -REAR FFF�LS ,,,nLrLf, BUILDING PERMIT: .. O.C.F.A. Number ........ : 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 FI: 0 TENANT IMPEL SQ FT: 0 OTHER SQ. FT: 0 NUMBER OF UNITS: l NUMBER OF STORIES: 0 UBC EDITION: 1997 TOTAL FEES: $0.00 NUMBEROF SEATS: .0 VALUATION...: $0.00 BUILDER VALUATION: $0.00 PLAN CHECK '$0.00 FFF�LS ,,,nLrLf, BUILDING PERMIT: ARV $0.00 MECH PERMIT: $0,00 PLUMBING PERMIT: 50.00 ELEC PERMIT: $0.00 SIGN PERMIT; $0.00 GRADING PERMIT: $0.00 PRIVATE U&IL- $0.00 NEW DEV. TAX: $0.00 TSIF ZONE A FEE; 50.00 TSE' ZONE B FEE: $0.00 SMIF 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 LICENSED CONTRACTOR DECLARATION: I hereby affirm dot I a m• Ecaud Contractor mrd. ex, provisions ofehlaar9(commencing wild Soodou 7000)ofDivision 3 ofthe Busies&h fcwdom C'od4 and my ticrom is N NII foes cad affect. LICENSE NUMBER, ¢71921 LICENSE CLASS: C39 RIC Expims DATE:0541MING OWNER BUILDER DECLARATION: 1 bereby efforts Wu 1 sot exereplliom the Co cr cuses Lienee Law for the following merma(Satiod 7031.5. Burins Professions Cods Any City or county which t viuv a person Is construct. Wer, improve, demdiA, orrMairsny rhucmm, prior Is its ismarce, ono sequin the applicant forech psmdl Is She a signed s xtemml that he orshe is limned pumsent Is, Its, Provision..fuse Contrast.(. Llaae Us, [Chapter9 (eommercing widi Sectivo 7060) cfDivisim 3 of tb Baioee A Professims codel or des Ie ..he is unmp Ihelchnm sod tie bus fir, the ".pd "req ieo. Any violation.(Section 70315 by soy applicenl for a pvmit subjsMs the applicant ce a civil pmrH *foot more than five hunched dollars (S500.00). I u owmr, of Ne property, or my employe with wage as Oscar sok compmudm, will d. the work sod the slmctum is not ioseodd or offered for sak (Suction 70M, Burmese A Proka amu Code; the Condarmem Liceme Law do o apply, to as oweer ofpnopnry who buihb or improve diceon, and who do such work hiruelf.r hmelfor through his orb r own eoployea, provided dist such impoveoenn w rot intended or offsed for mit. If, however, she hdking a improvcmem is sold within oro year of compled.n, she owner-buhldor will lore dw bodes of proving that be orshe did not baa orimprove for Purpose.f.I.). 1,aowner.fth*property. am axclaiveh conua.dng with Sowed acarus es mcoccus, de pjmO(Seeder, 7nN,Beer. A Profewhew Calc; The CootrseYe Liana. Ise does ed apply to an owwer ofpnspeny, who bolds or improves therso , ad who ccorrects for mcb pr jmm with • contractar(a) Become punumt m the Co.trwcmts License IoW), I am c.empt under Seder ,Baircu A Profcsi.ns Code forthe following reaen(s): 1 hereby affvm uderpetdry oPpedury oro offhe folbwivg deuretions: 1 have and will resivYio • ccttificW ofcoamt W calf -souse for We lore. Competuu tion, provided for by Section 37g0.fthe Labor Code, for the perfomunrs ofthe work far wbtch Ibis permit is iuw& I bd are t will roodti. elivI...u ai. Worker's Compeoo , eq.ord by Section 37W ofthe Lebo Code, fordfon o peree ce ofthe work for which Ibis permit is inured. My Worker's Conpmuaion jmutmce cure ad Policy Numbs art: POLICY NUbfHPR we247359437 COMPANY: WASHINGTON INT, MR (This erctian need rot be completed ifdie permit is for sees hursi d do1J1 pj5{OB) or ba). 1 cudfy due in the pcf rmum ofthe worts for whi,b.Yrs' )femur is ietmd, l JWI vet employ ary person (n say osttww, a to berme subjrcr to the Wortda Copcnedon lamofGlif.mi and l agra rest' uR become subject m the Workeh Conspectus.pmvuims of Senior 3700 of bll We Labor Coda, l aforthwith complyy wit NaeP@ ior,a Sitplstlte 1- �% Data; /.a WARNING: Fulrococo Worker's Cooprnmioo coverage u unlawful, ed dWl subjectaa aoployer to tunical prompt. and civil On aptd one hundred thousand dollars (f 100,000)h. dor' tithe cal ofceuspesation, dseago es provided for in Section (37001 ofthe rasa Cost, meaner andstmemy fico. IMPORTANT: Appliesuce is hod y elude to the Building Offsvl fore permit abject to de conditkns ad trmiaioca act forth m this applications, Bach pane, upon whoa bGSlfOds application is rode ad each person a whom requerl and for whet bercOt work is performed uder orpaasevt to my Wert ususs a ares n ofthis appliaties agree m, cad AhLIL indemnify ad hold bamles the City of Turin, in officers, agmo and cr phyma in accordance with the provisions ofCbpm2 ofthe Uniform Adaimiswilc Code.I as= not b occupy or rbw occupancy of say bdklingauth card by this peak until flea iapsdm be, been waive& i atdfy Rha I bare read this kation and arta des due above infcenaim is Soman. Ia a comply with aR City ad See law.rcladng to the building construction, and hereby mthorias aofthe City mmkt upon the above resuiesd propmy for im.padm papow. Cmuseta. aAUlhwizd Adat_(i�r r"'P P eC' Pee lD - / OF ISSUANCE OR IP WORK IS SUSPENDED FOR IM DAYS-' CITY OF TUSTIN Community Development DepnlmeRt — Building Division 300 Centelmid Way, Tustin CA 92780 /qw Building Counter (714) 573.3131— Inspection Recorder (714) 573-3141 BUILDING PERMIT NUMBER:BM-0487 ADDRESS: 520 PACIFIC ST TUST SUITE. ASSESSOR'S PARCEL NUMBER: 401-371-07 LOT NUMBER ................. _............ : DEVELOPMENT AREA ................: TUSTIN PROPERTY OWNER .....................: BRETT FAIRBANKS 520 S PACIFIC STREET TUSTIN CA92780-4329 CONTRACTOR A -I ALL AMERICAN ROOFING 1824 E. CARNEGIE AVE. SANTA ANA, CA92705 (949)250.1221 SUITE NUMBER...: TRACT NUMBER: ISSUED BY............ DATE ISSUED.......: 101=001 JOB DESCRIPTION: TIO RF, REP W/ 25 YR OAF, IOM FELT, 3311- MAIN FIM. SIUMMARV BUILDING PERMIT: $175.00 O.C.F.A. Noiseless ........ : MECH PERMIT: OCCUPANT LOAD: 0 OCCUPANCY GROUP; R3 CONSTRUCTION TYPE.: 5N 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: 2900 TENANT IMPR SQ FT; 0 OTHER SQ. FT: 0 NUMBER OF UNITS: 1 NUMBER OF STORIES: 0 UBC EDITION: 1997 NUMBER OF SEATS: 0 VALUATION...: $7,250.00 BUILDER VALUATION: 56,000.00 PLAN CHECK 50.00 FIM. SIUMMARV BUILDING PERMIT: $175.00 MECH PERMIT: $0.00 PLUMBING PERMIT: $0.00 ELEC PERMIT: $0.00 SIGN PERMIT: $0.00 GRADING PERMIT: 50.00 PRIVATE DdPR: $0.00 NEW DEV. TAX $0.00 TSE' ZONE A FEE: $0.00 TSIP ZONE B FEE: $0.00 SMTP FEE: $GSO MICROFILM FEE: $0.00 OCFA FEE: $0.00 PENALTY FEE.: $0.00 REFUNDABLE BOND: $0.00 MISCELLANEOUS: $0.00 TOTAL FEES: S175.50 LICENSED CONTRACTOR D TION- - - - -- .. .,1:.. . 1 hockey .Runs thu I.n a limned Ci mr.cter under the provide. of cb.,I.9 (commencing with Suellen 7000) ofDivisbe 3 aftha Business t Profusions Codes, ed my Stem is in aD face sad eRxt LICENSE NUMBEIL 671922 LICENSE CLASS: C39 RIC E.Pos s DATE:05212003 OWNER BUILDER DECLARATION: I hominy) 0.11w exempt from 0. ConnecWs Liomm Law for am following Ra.n(Seek. 70313, Bub. Ptofsed .C.Isr..A" Cary. muny which squires. permit mm to eve mt, eacm, improw, doembeh, or repair my muccars, prior W no Its isma, aim RQumRa the applicants far scan permit W fie. egad aaumeer dent he On she. lieeaad Personal to the provisions off. Coomwine, License law [Chapter, 9 (commencing with Section 700)) of Division 3 oftha Business; A. Pmfouiom oode) orlhse he or she b cement sometimes and the buia for the alleged exemption. Any violation ofSatiae 7031.5 by my mplieent for a permit minjams the eppliool m a ctrl pernehy ofoaf moss than five hundred dollars ($500.00} I a owner oftho Property, or my employes; wire wages. throb sots eonpemadmn, win do dee weak and the am.hue in out intended. entered fm sale (Seeman 7044, linens. de PmEaalons Code the Contractor's U. law don not apply to an owner of property who buiide or impavm daemon, ad who does much wink herselfo herself. through his car her own employees, provided dot amh impmvemma ac not intended. offered f. sale. If, however, the building or iooProv.nsel Is mW within nee year of completion, do owxr-builder with have the bardso ofpmving Intl M. she did nal WiW or impmee for purposes of.ale). I, m ownaraf use Property, un exclusively commends with limned cetrmara In conMent the project (Scclime 7044, Bosin.s Je Professions Code: The Cetranae, Lime Law does nm apply a an owner ofpope.y who Willi. improves thews, and who comacb foe such praise,, with. wnmectons) licese puasmol to the Coname me" I -L. 4w). 1.m cxernnt under Section , Busies, h Profession Cod. for the failowmi, nesWnla): Owner Sign.uR: D.W. WORKERS' COMPENSATION DECLARATION: 1 hereby dfuu order pee.1tyofperjuy ons ofthe following declarations: 1 Woe Medd will malo,,io • certificate of cOnamt to se f-inWR for Worker's Compassed n, u proWd f. by Section 3700 of the Labor Coda f. it. pall.. ofdae work fmwhnit this Permit is i.oed 1 have ad will dmfmalm Worker's Compensation in.oarce, an required by Smm n 37M ofrtR Leber Code, for the peafenvae alum work for which this permit to loaned. My W.kds Compensation mueme miner ad Polby Number art: POLICY NUMBER WCMJ59437 COMPANY: aSNIM.TONINTM& flub aectie reed rad hewvpkdd ifthe pored n fo o. Ile (5100) o le.} Iceriythatindwperfm ofthcw ich Ibis penrt is heed,I"I me employ my pesos in my meaner so as to become minions b the Worker's Compensation It., ofCalifomis,W Ispanth I xhodd bemme subject to the Worker's Compensations provision of Section 37M of the Labor Code, I shall forthwith comply with de. ido,.. Sip.hue� Dale: O/ WARNING: aiiute Warks . Comp..etim mvrnge is odawfW,.d ahaB Wbjmt m empkyer Io mimioJ pmdd. apsedn7 Emanate b am hundred thousand dollars Iditiea wap ofwmpesdoa d.mages.providod arins Semtm(3700)oftho labor Coda inkrmdad amomey tea IMPORTANT: . made ,,homey mak tithe Builder{OKcblfor. Foods subject PrfowodWon sedreedn1W any, Permit debt an-rethm.Each peteouponwhom bdWfthiaapeharea ly .nude lue.a,thew Rwa0birequests oadf.wh.e bmebewink bperformedunder, .. p i.i mypetaml.mesth•RweofWsappacmeape.I arandwall,rodeonor and holdhamOm the Clyofngandfinsesed b tiger and empbyaesaaamdasbwith themd.I cetiy tCbanta2 mathe tin spheemea anw.tiveaCode. l epee caleroion is allow eecupnwyafmy building auNodvd key lain permit nfit nod i.pecfe lou veno n.aid b rorty Out 1 have nrad in ofthe City and int Mase the above imfoms0mn b Forrccp l ape m ccanne. lab aB City ad Sam lows eating m ma Wildloe coduuvctie. and aaevy Wtkma rcpueeivc ofOmc City a uta ups the about n.ntiand property For inspection puryo.a tri Signature fO.mur. Canm.ar, or AuWwmd APenS,.�I,(Z'Date 1")— ... BUILDING PERMITS ARB SUBJECT TO EZIP r TION IF WORKISNOT COMMENCED WITHIN 180 DAYS AFTER DAT OF ISSUANCE OR IF WORK IS SUSPENDED FOR IN DAVI... CITY OF TUSTIN Community Development Department - Building Division Constmction Permit 300 Centennial Way, TUxtin, CA 92780 'a Building Coumer (714) 573-3131 ver 573-3132 Inspection Recorder (714) 573-3141 ASSESOR'S PARCEL NUMBER: 40137107 ADDRESS: 520 S PACIFIC ST SUITE OR UNIT NO: LOT: TRACT: BLOCK: Conal Tract Numher: Properly Owner: FAIRBANKS 5NSCST TUSIIN, CA 92780 Archlect/Engineer. BERNARD ADAMS Redevelopment Area: 714/636-0294 Contractor: OAK -LAND 4N BLAINE 909/737-9850 CORONA CA 91719 JOB DESCRIPTION: REPLACE EXISTING BASORRT FIREPLACE 0... P ... V Group: UBC Edition: Industrial Siegel. Fast: 0 ... Pont Load: Oil.. Square Fee,: Type of Construction: W.I." . Sou,. Fart: R.eldptail Squire Fut: 0 Garage Sguara Net: Number of Unix: 0 Other Squat Fuc Number of Goods.: 8 R..n.rint Setting: Number of Badrooma: B Parking Space.: C3mmncpl Square Fut: 8 A ...... ble Parking: Valuethon:4 9008.00 UBC Edition: 1994 FEESUMMA" Ren Clink: S 93. 48 TSIP Zone A Fee: S 0.00 Building ParmK: 0 168. 54 TSIP Zone B Fee: i 4.N Electrical Permit: B 0•N SMIP Fee: 9 6.98 Mechanical Permit: ' 0•N Woolllm Fee: 4 Poxnbing Permit: 0 0•N OCFD Fee: S 6.08 Syn Perna B 0, N Refundabl. Bend: S 0. N Goading Porink: S So N Bond Proca.. Fu: 9 0-08 fishes. Improve. Permit: $ B.N Misc. Fee: Naw D.y.lopmen, Tax: 9 B. N Psnahy Fee: Total Foot: 41 263.92 Perron luted By! INS Con N/07/N PERMIT(S) ISSUED AND PERMIT NUMBERS) 100'8561 LICENSED CONTRACTOR'S UECLAMTIDN I hmby smile that I am a licensed Contractor under That provisions of chapter B loemmancing Sign $.photon 70001 of O vision 3 of he Bwinue A Violation,ly J,rM my Ilcerw him 11.1 talo and eReel. License Number: ,j 1. C1 Sid U... Gass: 4. Conusjtto�n Signature Datil l� DIVISOR OF INDUSTRIAL SAFETY MMD CERTIRCATR7N Th. CaiNomis given, and Smerty, Cods soul. • chiral of Industrial nbly Permit n a Op poqulale 4,P .it Inualwa untie. tit sPONnm aiya� Pf the niNlcalec below. 1 coldly that ate axc.yatlan B fast or moa unpntra n. m wfian a parson 1. required to dneend. wgl W nada in ponnamlon will work plhcdved by that prmh, and that he bWldiIg, nrucwn. c.ifading, Waxwork, p, damilitlgn w dla rly,11 B thsr.op will be OWNER-NUILDER DeCLAMTION 2erded (firm that I am mm at from the Contractor a License Levy lot the bwing reason ISSWon 7031.3, 9u.m. A Prolseeiom COs: Arty G,y, or C ... TV which raquYea a Damtl, to oAdoweucl, also, Improve, demolish, er spoo, anY structure. pri ir,o It. Iu11Yne6: also rawer tha applident far such permit to 'He a eloped salerAano**I he of She IN Irrnsed pursuant to the provisions of the Comncmr's Upon.. Lew ICh.ptn B icommancng with 5emlon 70001 of Dlviaan 3 01 lit Ruainew A plot...... coda) er that he er he is n.mpl therefrom and The basis for, do 8atded exemption. Any vlobtion of Section 7031.5 by my applicant lot a permit subjects the Appficans No a civil density of not more than Ilya hundred 0o11Ire1e500.001. ❑ las owearol me pr0peny, or mr emplOYns with w..esse lnunaole a,Ampnwn. wdI dome work and In. structure Is not intended AT onered IP nlelSectlan 7Ma, Bunrutes i Pmlassmm Code: she Contracleri s Llcanse Law "as look apply to an owner of property who battles or rmproyp meson. and who does such work htmsof o/ herself or through nus a brown empbyeee, pmvidad be, such linprayamems are n rounded or onend for food. If, bowever, the budding or improvement is sold wnnrn one Yost of comphunM, the mr-0udder will neve the burden at proving that he or she did not bund or inrettra tat purptan aI "I'A ❑ I, as owner of.heP,pnY. am a.dmively contnpop mg In licensed comfactore to consvun the prop., ISacticn 7044, Bu{h,ns A Prol.sdlom Cade: TbaCon,nctor'a Ll.mf. Lew don not applyro sit ownerof PrpDart, wit builds or improve% therdh; and who contracts for such contents; with a eentrptorlal bean.. Punuenl la In. Contragw`s Lcema Loyal. ❑ I am ...mw under S.cvon Buoys A Probselona Code for the fallowing nswnlsl: Owner Date: WORKERS' COMPENSATION MCLAMTNIN 1 naraby affi, antler panaltY of perjtry ulna of me 1.1inm, daelnetlpn.: ❑ I have and will munlen a cerd0sen of comm to wif-Issas tar Worker's Compm .anon, as provided for by Section 3700 of the Labor Code, lot the deitmmenca of In. work lar witch If. .it 1. Biued. ❑ I hay{ irld VAN maintain Wo stn's Companntlon IlaumAce, es .,.load by Si 3700 of the Libor Cotler, for in. polormen. of the wink for which vele Darlixl ie trued. My Work.,'. Compana.1s n Imran.. Danker and pplury number we. p POLICY NUMBER: 1-1—!w 1 /r— ! _-L 4 COMPANY: 51-4 �' IfNITNA 17Fn axtbn IrxJ nm h! [pnpMVa it IM pumllr 1. 1a W IM.'etl aNlne 1.[001 w neap ❑ I nrttiy tMl m M. psdprmance of me woo Ivy wxeb Int perm. N mutt. I he v om employ .nn Wnen in am manner ae an u bawm. should[ to .. u1nalt t the W.rion Lens of madame. a and a..1 that N 1 37M become or Cod [0 4,N. WerkeYa CooDansaion proviNom of Semlon 3700 01 int Labor Cod., I an/ll Iarinwnb comply An thele pgroyl one. signsllue: 1 .�w. WANWOt F.I�o realm 1. To s Compnutbn d IWI11. la.11. n. and incl Nlbam m employer to 00, A IrsnAln end civil fins) up m ono compensation. mounna .agere s provided m T Sposi a aha tip.[ a AA.,. .it A..maga. se provldad for at Seotion 3700 a the Loaf Cep., minut mtl inorn.V feet. CONSthat t r. LENDING AGENCY 1 handle voma, [Let,hon i • co at 4 i..n of (Seep.. ncyW9 Ler Ib Civil odn1, 01 m. work Ler wM1lcn [M1I{ p.rmit ti isiwd fg¢ildn 3003 UN E .a. LENDER'S NAME: LENDERS ADDRESS: HAZARDOUS MATERIALS AND EMISSIONS STATEMENT FILED ❑A.D.M.D. Dote: ❑O.CF.D. D.m: E3 NOT rnmred T U.S.D. Fen per. Yee ❑ NIA ❑ NIPONTANT Application 1s ha7.bV matte to the Building Gravel for a permit sunpct to the cpnNdena ..it nmmdMe Ins Ipnh On .N. ePPIk i-, Each person upon whole behalf thio application in made wood each Damon .t whose nauesl and for wbsea hanent work is Dadnmed untln a Punuant to env Patron --it r naiot of this application agreed to. and shag, internally end hold harmless the CITY a Tualln, At mllCare. *Nems and .mpbyeae in accotance with the Provisions of Gamer 3 of The Uniform Admlmstnlive, cod.. I agree not to occupy or allow occupancy of any hJlding authorized by this pormit unll little unpemlpn.provel he. Gran ra0aiv.d. 1 const that I have sat them applicatldn .loll 41.1. that The .bean Informed.. b .Crrpt 1 ptr to .."IV with p City ale State lawn rleatng to the building comlrucden, ale harabypthodle reprranl.tlwn del m. City to ante upon theabave m.ntlon.d P,P , for.0... for, PadPNa. mora than 36 fast MIN, 51pDatlse of Owner, Co/ntiytor. a Au[horlied Apam. E]puA. evomwood sh.,1 ANN not ampley Edens to do work which wo I /J _ /'' /y, W le . pnmft Irons he Dw holl a Industrial l S.fely. Aaled 7 �� C ahov. uMm.uen person hu Das vont that Darns that mW.bn. SIONATURS DATE Dlvrelan of IndmMat Satatv Perna Numbn: to domplirmwdh P.6.1 mpiMiaa.Ih.CA, 4'rudilt does ata diuimhvum ate how.f.. mala, gained origin. W a diraMlilY. 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 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. 1 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 G�Tv o a Ga^r'T� 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 letterfor 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(8)(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 ATTACHMENT D PC Staff Report and Attachments from October 26, 2010 ITEM #3 APPEAL HEARING AGENDA REPORT MEETING DATE: OCTOBER 26, 2010 TO: PLANNING COMMISSION BOARD OF APPEALS FROM: ELIZABETH A. BINSACK, COMMUNITY DEVELOPMENT DIRECTOR Y. HENRY HUANG, BUILDING OFFICIAL PREPARED BY: AMY THOMAS, AICP, SENIOR PLANNER SUBJECT: APPEAL OF NOTICE AND ORDER AT 520 PACIFIC STREET SUMMARY: Pursuant to Tustin City Code Section 5503, on September 16, 2010, the City of Tustin sent notice for recordation of a Notice and Order for the property at 520 Pacific Street. The Notice and Order provided written notice of the existence of a public nuisance on the property and required the correction of code violations related to structures constructed in violation of the Tustin City Code including the City of Tustin Building Code and Zoning Code (see Attachment A). The current property owner of 520 Pacific Street (APN 401-371-07), Bret Fairbanks, has filed an appeal of the Notice and Order (see Attachment B). In accordance with Tustin City Code Sections 8101 and 9294, the Planning Commission will consider the appeal of the Notice and Order for public nuisance as determined by the Enforcement Officer for the property at 520 Pacific Street. The Planning Commission will act in its capacity as: A. The Board of Appeals in considering Building Code violations and B. The appeal hearing body for consideration of the Zoning Code violations that were applied in the Notice and Order. RECOMMENDATION: That the Planning Commission (acting in its capacity as the Board of Appeals per TCC Section 8101 and acting as the appeal hearing body Per TCC Section 9242) adopt Resolution Nos. 4161 and 4162 affirming the Notice and Order for the property at 520 Pacific Street which provides written notice of the existence of a public nuisance and Appeal 520 Pacific Street October 26, 2010 Page 2 requires the correction of code violations related to structures constructed in violation of the Tustin City Code. That the Planning Commission and the Board of Appeals order the property owner(s) to comply with the requirements of the Notice and Order identified in Attachment A of the related staff report dated October 26, 2010, with the exception of the date of compliance which is hereby established as November 30, 2010. BACKGROUND AND DISCUSSION Code enforcement action at 520 Pacific Street originated when the property owner, Mr. Bret Fairbanks, initiated contact by sending a written request indicating that he wanted the City to allow the unpermitted units on his property to be rebuilt if they were destroyed by natural causes. This request initiated meetings between Mr. Fairbanks and City staff and ultimately led to code enforcement action at the property to abate the life safety issues caused by building and zoning code violations that are present on the site. A Notice and Order was filed on the property based on violation of several Building Code and Zoning Code violations (see Attachment A). Details of the code enforcement action are provided in the report (Section titled Code Enforcement at 520 Pacific Street). The Planning Commission has two roles in considering the appeal of both the Building Code and Zoning Code Sections indicated in the Notice and Order. The roles for consideration are as follows: A. Board of Appeals Pursuant to Section 112 of the City of Tustin's adopted California Building Code (Sec. 8101), the Board of Appeals may consider evidence supporting the Enforcement Officer's determination that a public nuisance exists at the subject property due to the dangerous conditions present at 520 Pacific Street which originate from violation of the following Building Code section: California Building Code A105.1 (Adopted per Tustin City Code 8100) - Permits Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. B. Appeal Hearing Body Pursuant to Tustin City Code Section 9294, the Planning Commission may consider the evidence supporting the Enforcement Officer's determination that a public nuisance exists at the subject property due to the dangerous conditions Appeal 520 Pacific Street October 26, 2010 Page 3 present at 520 Pacific Street which originate from violation of the following Zoning Code sections: Tustin City Code 9223(b)(2) — Single Family Residential District (R-1) — Conditionally Permitted Uses and Development Standards — Accessory buildings used as guest rooms, provided no cooking facility is installed or maintained are subject to a Conditional Use Permit. Tustin City Code 9223(b)(2)(d) — Single Family Residential District (R-1) Minimum side yard setback for accessory buildings used as guest houses. Corner lot line 10 feet; interior lot line: 5 feet. SITE DESCRIPTION The property at 520 Pacific Street is located at the south end of Pacific Street north of West 8th 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 8/30/10) 1� SITE PLAN NTS Site Photos at 520 Pacific Street (Additional site photos in Attachment D) View from Pacific Street: Main house, carport, and two-story garage WNW IIIL.^) Y Yw�l a ` tl11K0.R.R � \ F VVnMNID 1 wrxn.lnxwnlm.Nx[I nlu>tvl:rue. \ MAIN / 1 Y 5Y{•.n•/ RESIMNCE �. / 1R NntV x4Y111V.W! 1RrxflxllxPIRMA uRA4e n.r wbON1 IIW! Nr )T ufn \ \ ; 4 'f Y b 3 , / /�'.R' ImrmRuu L'r nrlv-)n i' a - � L J IIM4\r.he iFL»NU LFII VrvY1 Lro11 qli +"wri t»VIAPn pVWWI` elwrl V - 1� SITE PLAN NTS Site Photos at 520 Pacific Street (Additional site photos in Attachment D) View from Pacific Street: Main house, carport, and two-story garage WNW IIIL.^) Y Yw�l a 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 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 1928 or 29- House 1926 constructed 1930 1925 1927 City 1929 Bldlding 1931 Incorporation Code Adopted The earliest zoning map on file, from 1961, identifies the property as R-1 Single Family Residential and the current zoning for the property is R-1 Single Family Residential. Based on the City of Tustin Historical Survey and annexation records, this property was part of a subdivision of farmland to build single family homes prior to the City's incorporation. According to the Historical survey, the subdivider dedicated Main Street and Pacific Street while subdividing the lots for single family homes; then sold individual lots, including the property at 520 Pacific Street. Historically, the R-1 District has allowed guest house or guest unit uses within this district, however, the guest unit use has been restricted to "temporary guests" and no kitchen or cooking facilities were permitted. The use of a second residential unit was first established in the City's Zoning Code in 1961. This use differentiated a guest unit from a second residential unit which allowed kitchen facilities for more permanent tenancy. However, the second residential unit has historically been permitted based on specific site development standards including: minimum lot size of 12,000 square feet; additional garage parking; etc. 520 Pacific Street is listed on the 1990 City of Tustin Historical Survey which noted the California bungalow architectural style and a brief history of how the area was developed (see Attachment E). The survey noted that the shiplap siding on the house, which was made in the 40's and 50's, covers the gables, which might indicate that the roof of the main house was not original. It also notes a carport and garage located on the south side behind the house. The survey further noted that the [two story] garage appeared to be original based on the roof and siding that was consistent with the original building period. Appeal 520 Pacific Street October 26, 2010 Page 7 Some permits have been issued on the subject property; however, there are no permits that authorize the construction or use of additional residential units at 520 Pacific Street. Over the past several decades, the City has addressed residential conversions that have been done without benefit of permits. For example, code enforcement officers have responded to complaints that have arisen in the Old Town area of Tustin of construction being done without permits or of multiple rental units in the R-1 Single Family District. Several recent cases, including two cases located on Pacific Street are currently working through or have completed the permit process to bring their property and unpermitted accessory units into compliance with the Tustin City Code. Historically, the City has considered several proposals to increase the density of properties located in this area of Pacific Street; however, each time the community has been outspoken against any increased density and the Planning Commission has denied such requests. Records indicate that, in 1955, The Planning Commission held a public hearing to consider a variance to add a second dwelling unit at the rear of 530 Pacific Street and to add two additional dwelling units at the back of the property at 540 Pacific Street. However, after discussion with applicants and objectors, the request was denied. Other requests to increase density in the Old Town area were denied, including a Zone Change request in 1969 to rezone a parcel at the corner of Pacific and Main from R-1 Single Family Residential to the Planned Community Residential District in order to accommodate an increase in density to 34 dwelling units (DU) per acre (more than eight times the 4 DU per acre allowed by Tustin General Plan). Code Enforcement at 520 Pacific Street On July 27, 2010, Mr. Bret Fairbanks, the property owner of 520 Pacific Street, initiated contact and sent a letter to the Planning Division. The letter stated that he was selling his property and the home was in escrow. Mr. Fairbanks further stated that the property has a single family residence in front, with two guest homes in the back. Mr. Fairbanks requested a confirmation letter from the City stating that, in the event of a fire, earthquake, or disaster, the City would allow the guest units to be rebuilt (see Attachment F). On August 4, 2010, Planning Division staff did a preliminary search of City records and sent a zoning confirmation letter to Mr. Fairbanks informing him that no permits were issued for the two guest units which were noted in his letter and that a Conditional Use Permit (CUP) (which is required to a establish non -rentable guest units within his (R-1) zoning district) had not been issued for the use. Mr. Fairbanks was also informed that, based on Tustin City Code, a non -conforming building destroyed to the extent of more than fifty percent of its reasonable value may be restored or used only in compliance with the regulations existing in the district wherein it is located. Provisions for reconstruction of non -conforming buildings do not apply to structures or additions which have been constructed without the benefit of permits. To legalize the existing guest units (without a kitchen), approval of a CUP would be required (Attachment G). Appeal 520 Pacific Street October 26, 2010 Page 8 Shortly after the zoning confirmation letter was sent by Planning Division staff, the case was forwarded to Code Enforcement for follow up. Code enforcement officers conducted a thorough search of city records and requested a search of County records for any documentation associated with 520 Pacific Street. However, no permits for the guest units were found. Code enforcement officers also found the subject property advertised online and located two "for sale" postings. Both postings identified a "studio guest house with kitchenette" over the detached two car garage and a "second guest house with one bedroom, living room, and kitchen behind the garage". On September 10, 2010, the property owner allowed City staff to do a cursory on-site assessment of the Online posting for 520 Pacific property (see photos in Attachment D). Several life street safety code violations and other issues were noted by Planning and Building Division staff (A detailed list of the main concernstcode compliance issues and the related code violations are shown in Table 1 of the Analysis section of this report). On September 16, 2010, the City of Tustin recorded a Notice and Order Pursuant to Tustin City Code Section 5503 for the property at 520 Pacific Avenue. The Notice and Order provides written notice of the existence of a public nuisance and requires the correction of code violations related to illegal structures constructed in violation of the Tustin Building Code and Zoning Codes. In part, Section 5502(b) states a public nuisance exists when "any condition... exists upon any premises that is dangerous to human life or is detrimental to health as determined by an appropriate city official' (see Attachment A). The Notice and Order provision is set forth in Chapter 5 of the Tustin City Code for Property Maintenance and Nuisance Abatement Regulations and Standards. The purpose of this chapter is to "provide for the abatement of conditions which are offensive or annoying to the senses, detrimental to property values and community appearance, an obstruction to or interference with the comfortable enjoyment of adjacent property, or hazardous or injurious to the health, safety or welfare of the general public in such ways as to constitute a nuisance". ANALYSIS: During the cursory on-site assessment of the property on September 10, 2010, City staff noted several code compliance issues at the property. The following table outlines the code compliance issues and concerns; code sections applicable (including California Building Code as adopted by Tustin, California Fire Code, and Tustin City Zoning Code); and photos taken during the assessment. Appeal 520 Pacific Street October 26, 2010 Page 9 TABLE 1 CODE COMPLIANCE ISSUES Location Code Compliance Code Sections Photos Issue applicable The use of the property California Fire Code as a triplex (with 3 Section 102.3 Change of units) changes the use or occupancy; building occupancy California Fire Code from R3 (single family Section 102 Unsafe q 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 06A — Permits Bathroom work done without required) P l in upper unit w/ no c Permits are required to permits 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. Pursuant to the zoning TCC 9223a7(b)- �. code; the property does minimum building site for e not have sufficient lot second residential unit is size to accommodate a 12,000 square feet Second and second or third unit TCC 9223b2 Accessory third residential (Requires min. 12,000 buildings used as guest iP sq. ft. lot; however this rooms, providing no units lot is 10,000 sq. it) 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 Adaption of 2007 windows adjacent to the California Building Code property line do not comply with fire protection Insufficient requirements. setback to The opening is not PLpermitted III as shown; exterior wall is not fire rated; primary (and only) stairway restricts Ingress egress in case of fire or other emergency. Furnace installed TCC 8100 Adoption of without required permits 2007 California Building 1 does not meet Cade A105.1 - Permits I' clearance requirements required - and creates a potential @ fire hazard. Exposed electrical next TCC 8100 Adoption of to unpermitted furnace 2007 California Building which causes potential Code A105.1 -Permits fire hazard. required c i I b C O U) Electrical device next to heater Kitchen cooking TCC 9223b2 No cooking facilities not permitted facilities permitted In in guest unit. guest unit Kitchen in Plumbing and electrical TCC 8100 Adoption of per unit installed without 2007 California Building permits. Permits are Code At 05.1 - Permits required to insure that required life safety protocol is followed and installation is done according to plan. Without such permits and inspection, installation may create fire hazard, water damage, etc. Appeal 520 Pacific Street October 26, 2010 Page 11 Location Code Compliance Code Sections Photos Issue applicable Shower added on to TCC 8100 Adoption of original structure. This 2007 California Building requires a building Cade A105.1 — Permits permit to add additional required) square footage (pop - out) and permits for plumbing, and waterproofing. Shower added w/o permits Railing has no TCC 8100 Adoption of g intermediary posts and 2007 California Building A No inner the run and rise are not Code A105.1 — Permits compliant with Building required posts Code requirements nor TCC 8100 Adoption of is the unprotected back 2007 California Building which is open. This Code 1012 Handrails — poses a potential falling handrails required for hazard for small stairways children. TCC 8100 Adoption of }` 2007 California Building Code 1013 Guards — rn guards shall be located along open -sided $ walking surfaces ;? including stairways 'c located more than 30 inches above the grade c below m There is no property 2007 CBC Section line firewall separation 1024.3 Exit discharge between staircase and location Window at PL N the property line. requires Sft setback The staircase is built TCC 9223b2(e) requires over the property line 5 ft. setback to property A guest unit requires a line 5 foot setback to property line (PL). There are several Built over PL issues associated with the location of this staircase; most _ Imminent is the lack of X 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 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 support's the two story structure r 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 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 additional hazards to - °o. occupants since the occupancy changes with a tri-plex (common terminology). Unsupported electrical TCC 6100 Adoption of metal conduit (EMT) 2007 California Building Unsupported between garage and Code Al 05.1 — Permits house. The potential for required line over F damage and failure due 1 to the exposure of the line is increased and w 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 Il to fire hazard originating in the garage. Electrical wiring: 2007 CEC Article 334.15 B Romex cannot be Exposed Work and exposed or unprotected Article 330.30 Securing and must be and Supporting , attachedisecured. (Romex was first used - in the 1950's. Color New junction box without _ coding (yellow) wasn't permits Pato a 10 available until 2001) �_ Appeal 520 Pacific Street October 26, 2010 Page 13 rating requirement; 5 foot setback required to property line to protect occupants from fire hazards; or safely personnel responding to an emergency. 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 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 2007 California Building Code At 05.1 — Permits required Subject to manufacture's installation standards and mechanical/plumbing permit Ceiling heights vary and 2007 CMC Section do not meet the 7'6" 1208.2 Ceiling height height requirement I minimum Ceiling height does not meet min. T6" Photos Min. 5 ft setback required (zero - 4 ft provided) Heater installed w/o permit Appeal 520 Pacific Street October 26, 2010 Page 14 Location Code Compliance Code sections Photos Issue applicable Improper and 2007 CFC Section 605.5 _-- substandard electrical Extension Cords - wiring without permit - Power strip next to kitchen sink where a range might have been previously Plumbing added without TCC 8100 Adoption of permit 2007 California Building Code A105.1 —Permits ..0 required) TCC 922362 No cooking Kitchen in rear unit- not permitted Kitchen is not permitted (per zoning) facilities permitted in c(i.e. plumbing, electrical, guest unit mo etc.) Unsecured and exposed 2007 CMC Section a 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 Insulation Is nonrated Well and opening and is combustible protection 2007 CBC (appears to be straw Table 602 Fire - bale) Resistance Rating r Requirements for Exterior Walls Based on Fire Separation Distance and Table 704.8 Maximum Area of Exterior Wall Openings LD Combustible material installed between walls ;aro a iu 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 a 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" o minimum 7'6" 0 c a Ceiling height does not meet minimum (Note: Code compliance issues noted in Table 1 based on cursory observations by City staff on September 10, 2010. The full extent of violations is unknown due to the limited ability to conduct a thorough assessment.) Building Code Appeal The appellant is requesting reconsideration of the Notice and Order for the determination of a public nuisance filed for the property at 520 Pacific Street. The appellant has indicated, in part, in his letter of appeal (Attachment B) that the Building Code section which requires permits would not apply to his property because he purchased the home over 10 years ago and the structures already existed. However, the current property owner is ultimately the responsible person for maintaining the property. "Responsible Person", as defined by the Tustin City Code is "the owner of property upon which a violation of the Tustin City Code occurs or continues to occur. This term also includes any owner, occupant, or other person or entity in control of the property who is creating, causing, or maintaining any condition in violation of the Tustin City Code", The current property owner may have purchased the with multiple units that are not permitted, however, maintained the structures and collected income from substandard building conditions. Zoning Code Appeal property in the current condition he has also, knowingly or not, m tenants who live in numerous 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 Y enry Huang, P.t/, C.B.O. uilding Official Elizabeth A. Binsack Community Development Director Attachments: A. Notice and Order B. Letter of Appeal Received Sept. 23, 2010 C. Site Plan dated 8/30/10 D. Photos taken during Sept 10, 2010 assessment E. City of Tustin Historical Survey for 520 Pacific Street F. July 27, 2010, letter from Mr. Bret Fairbanks G. August 4, 2010, zoning confirmation letter from City staff H. Report prepared by Thirtieth Street Architects, Inc. I. PC Resolution No. 4161 J. PC Resolution No. 4162 SACdd\AmylCode Enforcement\520 Pacific\PC Agenda AppealHearing 520 Padfladoc ATTACHMENT A 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: 520 Pacific Street Assessor Parcel Number: 401-371-07 Case Number; V10-0312 Dear Mr. Fairbanks, TUSTIN 1111TONY BUILDING OUR Fu n1RL 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 6 r-: (714) 573-3113 • wwwxustincaurg Notice and Order W 520 Pacllk Steal September 10, 2010 Cace Y VIO-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, ail 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/ 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 T U S T I N EXHIBIT A Administradve Citation Process BUILDING OUR FUTURE HONORING OUR PAST In accordance with Tuedn City COde (TCC) 1182(d), fines may be assessed by means of an administrative citation as follows: $100.00 for a first violation; $200.00 for a second violation of the same ordinance or permit within one year of the first violation; or $500.00 for a third or any further violation of the some ordinance or permit within one year of the first violation, Building and Safety Code (TCC Sec. 8100 — 8999) violations may be assessed at $100-0 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 fines 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(a), 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). 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 11e5(b), which shows a reasonable hardship; or 3) Request a hearing to appeal the administrative citation pursuant to TCC 11ee 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 webaite at www.tustinca.oni. 300 Centennial Way, Tustin, CA 92780 • PI(714)573-1100 0 F:(714)573-3113 0 www.tustinca.org 570 m'A OfUw of $]0 Y.9tlik Slr[ 1 'Al. 9 �nl via I cux - W12 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. ATTACHMENT B Letter of Appeal Received Sept. 23, 2010 September 22, 2010 RECEIVED Brad Steen, Code Enforcement officer SEP w 3 2010 Community Development Department City of Tustin COMMUNfrY 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: V 10-0312 Dear Mr. 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 otlieial 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 atm not in any way a public nuisance. Sincerely, Bret Fairbanks ATTACHMENT C Site Plan dated 8/30/10 9HIM/i .! a#4 � ,. z -- d®�_� } - / -- \$' } ^ / k-6" / � w \\ $� q — -)$| !e§ § �) \� 2 PACIFIC STREET 2mn asa2B e Rc E @e2m�m LN0 a� m a« . ATTACHMENT D Photos taken during Sept 10, 2010 inspection N -�-V Alk 1 �a � �� r; ..r.. ;. 1��' �, � I .�� �'.."� 7A ff .7- , el I a00 i ow _ "AJ x420xaoN ",m1 117 „4r•1 i I -7.1M w y�. ATTACHMENT E City of Tustin Historical Survey for 520 Pacific Street ADDRESS: 510 PACIFIC ST 0A'I%; 1929 STYLE: CALIPORNIA BUNGALOW SOURCE: HATING[ T C ALTERATIONS: P HISTORICAL DISTRICT: YES COMMENT: DESCRIPTION. MY OF TUSTIN HISTOWCAL SURVEY The single -storied louse at 570 is topped with a font facing gabled roof and matching centered porch. A small louvered vent is cantcrcd below the peak. Shiplap siding, in a style made in the 40's and 50's, coven the gables, indicating that the roof is not original. Narrow, clapboard siding coven the first floor exterior. Square posts, rating on tapered clapboard -clad pion, support 1110 roof. The contaem porch extends to each side, topped with pergolas. The front door features a mullioned border and is flanked by large plate glass windows. Double -bung windows arc used throughout the rest of the louse. A red brick chimney on rhe south nide is flanked by windows. A carport and a two-story clapboard -clad garage aro located on the south side, behind the house. The gage, which appears to be original, is topped with a gabled roof with a hip at the peak, The siding is narrow clapboard, which r:cotns to indicate that the house once "a 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 Marpla. Iie was the son of Richard and Hdna Marple, fruit growers, who owned an orchard on this property from 1903 until the property loused to Barry in 1924. He dedicated a strip down the center, from Main to Sixth Streets, for the extension of Pacific Street. tic $old this lot as George Gaylord in 1929. The Gaylord$ received a completion notice on their home that same yea. George was a well -liked wood shop and physical education instructor at the Tustin Gmrnmcr School for several years. After he retired in the 19,50's, he became a carpenter. The Gaylords were still living in the home in 1965. This bungalow fits well into the straetscape of the Tustin Historic District and contributes to the bee -lined about because it is of an appropriate size and scale. ATTACHMENT F July 27, 2010, letter from Mr. Bret Fairbanks J July 27, 2010 City of Tustin Community Development Department Justin Wilkom, Principal Planner Dear Ms. Wilkom, FA My name is Bret Fairbanks and I am the owner of the property located at 520 Pacific Street, Tustin, CA 92780. We are currently selling our home and are in escrow. Our property has a single family residence in front with 2 guest homes in the back_ According to the attached county records we have 2 addresses 520 and 520 %2, we have and pay for 2 separate electric meters, and have various city permits for improvements we have done on the home since we purchased it in 2000. The buyers lender is requiring a letter from the city stating in the event of a fire, earthquake, or disaster, the city would allow the guest houses to be rebuilt. Attached are documents from the county tax assessors office showing the guest houses have been here long before we purchased the property. Thank you for your time and consideration. This letter is all we need to close escrow. If there is anything I could do to help speed up this process please let me know. �iZ Bret Fairbanks C.P. (949) 933-6886 :sign Type Codes 101 - Single Family Residence X02 - Multi Family 199 - Misc. Improvements ]ested By Address 5�3d, Phone ( ) Signature PUBLIC SERVICE INFORMATION FORM MULTI FAMILY RESIDENTIAL 1 2 1 3 4 5 6 1 7 B 9 10 11 12 13 14 APN IBLDG# CONST YEAR USE CODE DESIGN TYPE INISHE 11 SIZE BLDG IZE-iS 2ND F BLDG SIZE 3RD FL BLDG SIZE 4TH FL BLDG SIZE 5TH/UP UNIT MIX GARAGE/ CRPRT SIZE POOL YIN LAND SIZE x '- _ -U ) 179Cj m c� r m 0 A QUATTROPRO Check Amount $ Cash Amount $ Mailed Date By �mm®m �00=1 =Mmm� Old --a o, - PAF MISCELLANEOUS STRUCT 4,0� _ . 1 _ District—L, sheet-2---a - ..cdpNM Y1. Noor Ana Cqi y TTRCt " eisa elf ci lr. 7L/S t38 t ' H3 laf --Blo «. Cmmmoa wall RClIPCNOC UNITR Y` ROOF: NI LowO.W. NET v Humple Nat HIP ���eaayd.4rn. Col Up INT6IOR b. ht Zed M1. TM11yIai✓" shalaa nl.T UidINLMd. dya Nohtl CPagW.N m K11"_ 'j-7wrWAUS -- - Ootw lrenMt 13M Alam I Dawsll. : Fra 7 . Li '. FORINDATION 1 _ .S.y. "INt:.N Tile "6 plPMr- wM.% NvY• 1 \ TaMF�1 14 FLOOR... 0l44*X" FKJ. it +x.i. r_-. 36 a :,'..i.. .:_.. ... _.. H.W. 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UDP YG7 � J NO r - S� AI CGIM, WE In r N.O AT INWIT UH itl r -I NO r- I- i T'1 mm .17- 0001.1 YiA �L•NIO ❑ 11 1ANMINM r r' i � 3 71 DHIRANICITI _ rt OAii W IMM Y SaC1N i[Nvrtis •1 J [12Q a ..eauc [[NVIGEa 1 �' L�yLC�j' ] wI — 0 r --- !I I MUIr CONCLUSION I YR MPs 7 M 1 A^ �j DDD. TnD-NMDLD�r I'A66�_%'. V FM/LOYd MUMBPA 7r Sr -Q L 19NINCLG i4L1G, 1�16Li' - aRAVO. d TNrE SMI caeT FAarON _E.. .AgoAGI. IAGialr G110OF COMP MCD. AOA.'MEIC COST MSOCTOC TACTOR ARIR AOJ. FACTOM uflW1 CGNR. 'I"am . .1.101 env NALL -- _ - A 0., ..p , • I Mi Is Guv o L•F nc IB IC ! p !F A C DESCRIPTION MRA COST DETAIL �.- ^Ln :aa;. nuuPry :C WII Iqu nxrt (Isansr ,IniF :091 W IAFA!Y.'M1 iP4N CFrvi � I NI PEPgEC411t1n i}nr jWALLq ILNCTIONAt Kill - -- AEFRrrI 4i CONornnn .. "AP - _ _ _.. �— .,— 44 WORKMANMPP I �•..'-� �' BASIC COLT DATA T YMCBLLAWOLis STR ICTI/Rp All ORIGINAL IN MR {IDUCI nEGCRIPT CCG! MI ARF NG IINIi CGIT Y CCITT ,NplS c00i / ego on cGNr rR. eA T)y�G p Ob16N TYPE {- -' N MAL CLAW J t Y MSIc 1L. AREA ("'�Pr^^'III NI Na OF LINITA J /�J % OR. CGNIC LAM,- , Y NO. OF N.B. N TOTAL NO. RENTAL UNITS (LOON S Y FL MEA ot FLOOR x N F4 ARIA _ IY NO M VIM'S 1a1 PLOM t. i _-- m9 PI .REA Iw No. Of UNIT, 1b TOT 1o11G1' 19 mf OECN/STAIR {� IN A,0 CENT. vn NO pl 10T NEAT CENT, NES NO M�%f IW AIM cast �tlii 0 1. rp. III, COST 110 U. AIT COST r1I { so PLYL 0091 — LE CON PAF.! Ip, OpIH PAT. E �1 1141 IRONY.." I lfu I"1 0.1 IIA11 I ARRL UNIT ITR_. T'� amO� �" n, �M Na C'Jei VA- �� COR I na PE41: 50 AN 4 I COO,NETTIL n I pARANA 4 11F ]AA AREA , _ „e 4AR f,ONI ��U• 1Y CARPORT G. IT CARPGAi p .....•—� yllw AREA — IFN NEr11Y rEnCE I 'ifl M14C Goal tM j PML GMT - - ---�— 'NrR'll IIA It � . - 1y CGCN COR 1M I OwA OATT :19 I uILLEIDI. f.OE' zn[u I LU IP C. COR 'FA'NG O N �— ALP ,MP• V/auq�� LLOOC - 144 a(1. Nc. .Ml: — AGDRE49 SCS EIITREO.dOOT -� 110 01ST. III 11OATSPACT pT DATE OWNER _ 6AR AREA SLDCN _.. AMI IW AREA IMF/T SUR •INs rW COST FiNct ton MIK[ ROOM AND FINISH DETAIL AM UNIT M M MT 0.T;- p00M6 FLODp! KOOp FINISH INT[p1Gp FINISH j{}j llr 4a Ar. a; It - MIS - 1. AN - 0 I $ IMRPIM OR WALLS C[ILIxOL nEUAx1t4 IS M Si0! OF - -, ALL CO - *OCA IMP/ AT _ CTYTOF OR[ 'Data _ -- _ -' K e L. OATr i-91 ITQ GIYI LIV' NN4 LAW N lMN4YFkrN9 sFrtNiLP mxx N Llrlq* .. _ N CONsr. DATE s AR NEALIotIMATOR DI_NING 1-__`- I CaUk sm.NGLi. _ FOO PyNIUS T 10 US'" ivMF EODR6P8[L TAIT4 OPKVLL__ INTEIICOM•- N K.-079— ! _ T- f II ... �.. *Ii14 1FIP TILD-.• -. _ VAD C4FIIN EEG „ E FF )n � I - rC GFTIKKCTEAR - q I' y.. T I 77 OCRR[@ATION tAaL! •� n0 nuME - b1pMR lA NNCYIONAL PIAxI13211*1i C. sMNCK HPTHi-- HEAT IT. dl KETAL OP NW I OR WALL CA—l" 16 COMMON I❑[❑K❑ R.PD L CM. NF Tlu MIC CINO SFLARN @ASR IRM R. WOpRMANENIP 1 ❑ } ❑ E IE RTRI; BATH DETAIL .. ' ELiDt 1 '— FIMNEs n rorA� RaGNR ._ R' No, IN. WALLS Rt LA NOR FT 0 "NIST 9 ACE MtLNAx! aF LIVINO RMS RTIIDL� I E F' I-• _ 15 OINIMDRMR SIbIM% '- i ii--- aw� C OOLIEID M FAMILY RMP SIPZI[ - RI DCN - LVAi: WALL %y -- [E'Djw Ri No, or EEO RME AL D-- -IIWCK - MISCELLANEOUS STRUCTURES a No. Di sATN Rifle - - - v FIXTURES _ _ _ _ STON[ VE_N .... MJ}I R - "' Sn1M*1. RNo CON. LCL ROOK FL INT UNIT AI=j COST EA OTMM A A .GAS -*000 WNW - F RS CENTRAL NEAT TF9 ❑ Not M WOpG" c L SO 'O t ; C[NT. OCCURS VtlQ No DOST EVEL-��--`�- FDIIRDATIDII r..; u - .. — Ki C P©. _ �3o COST FACTORS SAID'%l �l:�c. cOi [1cET8�CR _P _ JS'o u OuurcY CLASS L6� %S wllA S ....._ s ARu r011 Moog . . _ wbt M ARG at me""i4A ARG SC V FUR FACTOR N 14 FLN ANCA . N >ti F41 FAC -MA • O Arne AKKA 91 ATWC IACTDS -- El NN EEMTAREA fK LIN EMIT FACTOR ADUIToNE FACTOR FOAeN TOlAl CO6T COV PATIO [GET UNCOV PATIO COT To COST SCS EIITREO.dOOT -� 110 GA11 CSASS DEl III OAR CLASS ATT Ili 6AR AREA 11 IW AREA M IR rW COST FiNct ton MIK[ COMPUTATIONS APPR. DATE AM UNIT on C06T ITEM FACT. Iti llr WOOL OOn IS IODL Dan - IIS CO - *OCA IMP/ AT - 120 'Data IMPS DAT[ i-91 ITQ lvlC 0D MAIM Tn No, LAW I]A F. RIIISIM CONRTA. -_- L CoRT1' ZO .... RCN AClNO z1 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 1/2 Pacific Street. The City has not assigned a 1/2 address to the subject properly. 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 92730 0 P:(714)573-3100 0 F:(714)573-3113 • www.tustinca.org i1 CC: Elizabeth A. Binsack Dana L. Ogdon Justina Willkom S:\Cdd\Ryan\Zoning Confirmation\520 Pacific St.doo ATTACHMENT H Report prepared by Thirtieth Street Architects, Inc. thirtieth street architects inc. October 20, 2010 Ms. Elizabeth Binsuck, Community Development Director City of Tustin 300 Centennial Way Tustin, CA 92780 Re: 520 Pacific Street, Tustin Dear Elizabeth: founding principals john c, loo nis, architect fames c. Wilson, architect prncipvll clwood 1, gulley, architect Pursuant to our letter agreement, we have conducted a cursory review of the photographs of structures provided by staff of the existing structures at 520 Pacific Street. The following is a summary of our findings: Terminology We will refer to the street facing side of the complex as the "front", the two sides as the "left and right' based on looking at the site from the street and the structures built behind the carriage barn as the "middle" and `Year" 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 Rornex 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'x. 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 beaeh, ca 92663 —9491673-2643 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, ZA,— John Loomis Principal 2821 newpon 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; K 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). 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: 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 SXddlAmy\Code Enforcemenl\520 PadficlPC malutlon Appeal 520 Paclfic.docx EXHIBIT A OF RESOLUTION NO. 4161 Table 1: Code Compliance Issues EXHIBIT A RESOLUTION NOs. 4161 AND 4162 Table 1: Code Compliance Issues Location Code Compliance Code Sections Photos Issue applicable The use of the property California Fire Code as a triplex (with 3 Section 102.3 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) I Il could not be California Fire Code determined if Section 102 Unsafe " fooling/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 bunt after therefore not in Section 110.1 Unsafe original structures compliance with one Condiffors w/o permits hour separation requirements which poses a potential fire hazard to occupants Mechanical, electrical, TCC 8100 Adoption of and plumbing (including 2007 California Building HVAC) installation Code Al05.1 — Permits Bathroom work done without required) •� permits in upper c Permits are required to unit w/ no 0 insure that life safety a permits protocol is followed and ---.- installalion 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. 1IPage EXHIBIT A RESOLUTION NOs. 4161 AND 4162 Location Code Compliance Code Sections Photos Issue applicable The second story wall Section 1403 of TCC construction and 8100 Adoption of 2007 k 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- t exterior wall is not Bre rated; primary (and only) stairway restricts Ingress egress in case of fire or other emer enc . Furnace 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 @ fire hazard. 0 Exposed electrical next TCC 8100 Adoption of > to unpermilted furnace 2007 California Building a° which causes potential Code Al 05.1 — Permits - m Bre hazard. required ' I� c � I 0 N a � 0 v yr Electrical device next to heater Kitchen cooking TCC 9223b2 No cooking facilities not permitted facilities permitted in in guest unit, guest unit Kitchen in Plumbing and electrical TCC 8100 Adoption of upper unit installed without 2007 California Building permits. Permits are Code A105.1 —Permits required to insure that required life safety protocol is followed and installation is done according to plan. Without such permits and inspection, installation may create Bre hazard, water damage, etc. 21 Page EXHIBIT A RESOLUTION NOs. 4161 AND 4162 Location Code Compliance Code Sections Photos Issue applicable Shower added on to TCC 8100 Adoption of original structure. This 2007 California Building requires a building Code Al 05A — Permits permit to add additional required) square footage (pop - out) and permits for plumbing, and waterproofing. - - Shower added w/o permits Railing has no TCC 8100 Adoption of intermediary posts and 2007 California Building — No inner the run and rise are not Code At 05.1 — Permits compliant with Building required posts Code requirements nor TCC 8100 Adoption of is the unprotected back 2007 California Building j which is open. This Code 1012 Handrails — poses a potential falling handrails required for hazard for small stairways children. TCC 8100 Adoption of l m 2007 California Building - Code 1013 Guards — _ m guards shall be located d along open -sided - n walking surfaces :' a including stairways located more than 30 3 inches above the grade Z below There is no property 2007 CBC Section line firewall separation 1024.3 Exit discharge window at PL o between staircase and location the property line. requires 5ft setback The staircase is built TCC 9223162(e) requires over the property line 5 ft. setback to property A guest unit requires a line 5 foot setback to properly tine (PL). Built over PL There are several Issues associated with i the location of this staircase; most imminent is the lack of emergency access and safe egress from the unit. Roof drains onto 2007 CBC Section neighboring property 1101.1 all roofs shall be - - - which may cause drained into a separate _.. — flooding. storm sewer system 2007 CBC Section 2007 CBC Section 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 7 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 IF - V additional hazards to 0 LX occupants since the occupancy changes with a tri-plex (common terminology). Unsupported electrical TCC 8100 Adoption of metal conduit (EMT) 2007 California Building d Unsupported 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. �- New junction box without - m t, permits MOW e in mmw 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. (Ramex was first used in the 1950's. Color coding (yellow) wasn't available until 2001 Unit does not meet fire 2007 CBC Table 602 rating requirement; 5 Fire -Resistance Rating foot setback required to Requirements for Exterior property line to protect Walls Based on Fire occupants from fire Separation Distance =' hazards; or safety (1927 UBC Section 1403, personnel responding to less than 3 feet) m an emergency. TCC 9223b2 minimum side yard setback 5 feet 9 c Min. 5 ft setback required (zero - 4 fl provided) 51 Page EXHIBIT A RESOLUTION NOs. 4161 AND 4162 Location Code Compliance Code Sections photos Issue applicable Heater installed with a TCC 8100 Adoption of gas line without permits 2007 California Building It is installed on a Code At 05.1— Permits combustible wood sided required wall which poses a Subject to manufacture's Heater potential fire hazard due installation standards and installed to the combustible mechanical/plumbing 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 Ij Ceiling height does not meet min. 7'8" 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 r c 3 m m v 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 pennitted In (i.e. plumbing, electrical, guest unit etc.) 61 Page EXHIBIT A RESOLUTION NOs. 4161 AND 4162 Location Code Compliance Code Sections photos Issue applicable Unsecured and exposed 2007 CMC Section gas line on the interior 1311.2.6 Hangers, which poses a potential Supports, and Anchors gas leak and fire hazard and 1311.7 Outlets within the rear unit Exposed and unsecured gas line inside unit , 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 7i Separation Distance and W Table 704.8 Maximum v Area of Exterior Wall Openings —y e a Combustible material installed between walls 2UIU 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 g cooking.Therefore, it '1 � requiressufficient light, flventilation heat etc Ceiling height is too low 2007 CMC Section $ 6 and should be a 1208.2 minimum 7'8" q minimum 7'8° 0 o i O m 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 30, 2010 5:\Cdd\Amy\Cade Enforcement\520 Padflc\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 Parcel Number: Case Number: Dear Mr. Fairbanks, 520 Pacific Street 401-371-07 V10-0312 TUSTIN 1115 My BUILDING OUR FUTURE HONORING OUR PAST Thank you for meeting with City staff at 520 Pacific Street on September 10, 2010. During the inspection, two detached structures were observed within the rear yard, in addition to a guest house above the garage and a second guest house behind the garage; all of which are unpermitted. A preliminary search of City records also indicates that no conditional use permit (CUP) is on file to establish guest houses at the property. Other noncompliant issues were also noted during the inspection; which include, but are not limited to the staircase on the south side of the garage which does not provide the appropriate setback to the side property line and the guest house above the garage currently contains cooking facilities, which is prohibited, Several violations currently exist at your property, which are attached hereto as Exhibit B. Pursuant to Tustin City Code 1122(a), any violation of the Tustin City Code is a public nuisance. Therefore. please be advised that the City has determined that a public -nuisance is being maintained at 520 Pacific Street due in that the necessary permits and entitlement were not obtained for the two detached structures in the rear yard or the two guest houses. You are hereby directed to do one of the following by no later than Friday. October 29, 2010: 1) Submit a complete CUP application with the appropriate plans and all other necessary entitlement applications to the Planning and Building Division for the two guest houses and the two detached structures within the rear yard. 300 Centennial Way, Tustin, CA 92780 0 P;(714)573-3100 0 F(714)573-3113 0 www,tustinca.org Nalice and Order at 520 Pacific Street September 10, 2010 Case 0 V10.0712 Pace 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. Sincerely; Ard 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 PAST In accordance with Tustin City Code (TCC) 1182(d), fines may be assessed by means of an administrable 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). Addltionally, 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 shown 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.ora. 300 Centennial Way, Tustin, CA 92780 0 P:(714)573-3100 0 F: (714) 573.31 13 0 www.tustinca.org No. and OMs, al 520 Fwfw Strad soma 16. X10 Ca» N VIOM12 LRLLI_a/1LJ 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 jamas c. wilson, architect principal elwoed 1. guaey, 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'x. 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 beech, 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. Recotntnendations 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, &I John Loomis Principal 2821 newport boulevard — newport beach, ca 92663 — 949/673-2643 ATTACHMENT J PC 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: The Planning Commission finds and determines as follows: A. That, on July 27, 2010, Bret Fairbanks, the current property owner of 520 Pack 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; 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; 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 26t" day of October, 2010. ELIZABETH A. BINSACK Planning Commission Secretary SXddWny\Code En[orcemen0520 PadWPC resolution Appeal 520 Pacific.docx EXHIBIT A OF RESOLUTION NO. 4162 Table 1: Code Compliance Issues EXHIBIT A RESOLUTION NOs. 4161 AND 4162 Table 1: Code Compliance Issues Location Code Compliance Code Sections Photos Issue applicable The use of the property California Fire Code as a triplex (with 3 Section 102.3 Change of units) changes the use or occupancy; building occupancy California Fire Code from R3 (single family Section 102 Unsafe residential) to Rt Building or Structures (multiple family) It could not be California Fire Code - determined If Section 102 Unsafe footing/foundations Building or Structures exist to provide adequate structural bracing and support to the structures Multiple residential No fire separation walls Building Code Table between units; 503; California Fire Code units built after therefore not in Section 110.1 Unsafe original structures compliance with one Conditions w/o permits hour separation requirements which poses a potential fire hazard to occupants Mechanical, electrical, TCC 8100 Adoption of and plumbing (Including 2007 California Building HVAC) Installation Code Al05.1—Permits work done without required) Bathroom in upper permits Permits are required to unit w/ no (a 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 0223b2 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. I I P a g e I JI'l ATTACHMENT E City of Tustin Historical Survey for 520 Pacific Street A OGRESS: 5'1,0 PACIFIC ST hATT;: 1029 STYLE: CALIPORMANUNOALOW SOURCE: RATING: 'l' C ALTERATION6: P HISTORICAL DISTRICT: M COMMENTi IIFSC.RIPTIOT: CITY OF TUSTIN HISTORICAL SURVEY The aingle-stoivd house at 520 is topped with a front facing gabled roof and matching centered porch. A small louvered vent is eonterad below the peak- Shipiap siding, in a style nude in the 40's and 59s, covers the gables, indicating that the roof is not rxigin 1. Narrow clapboard siding coven the fust floor exterior. Square posts, resting on tapered clapboard -clad piers, support dao roof. The concrete porch extends to each aide, topped with pergolas. The front door features a mullioned border and is flanked by huge plate glass windows. Double -hung windows are used throughout the rest of the house. A red brick shimmy on the south ,xldc is flanked by windows. A carport and a two-story clapboard -chat garage = 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 lite peak. The siding is narrow clapboard, which rccros to indicate that the home once was also all clapboard -aided 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 Matple. tic was the son of Richard and Edna Marple, fruit growers, who owned an orchard on this property from 1903 until the properry lusacd to Harry fn 1924. He dedicated a strip down the center, from Main to Sixth Streets, for the extension of Pacific Street. I Ie sold this lot w 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 educadun instructor at the Tustin Gmmmcr School for several years. After he retired in the 1950'x, he bcca= a carpenter. The Gaylords won still living in the house. in 1965. This bungalow fits well into the streatscape of the. Tustin Historic District and contributes to the tree -lined sheet because it is of an appropriate size and scale. ATTACHMENT F July 27, 2010, letter from Mr. Bret Fairbanks j July 27, 2010 City of Tustin Community Development Department Justina 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 ane 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 %, we have and pay for 2 separate electric meters, and have various city permits for improvements we have done on the home since we purchased it in 2000. The buyers lender is requiring a letter from the city stating in the event of a fire, earthquake, or disaster, the city would allow the guest houses to be rebuilt. Attached are documents from the county tax assessors office showing the guest houses have been here long before we purchased the property. Thank you for your time and consideration. This letter is all we need to close escrow. If there is anything I could do to help speed up this process please let me know. Bret Fairbanks C.P. (949) 933-6886 >sign Type Codes 101 - Single Family Residence 102 - Multi Family 199 - Misc. Improvements 01 )esled By Address 5� }AK:S rF}cv Phone ( ) Signature PUBLIC SERVICE INFORMATION FORM MULTI FAMILY RESIDENTIAL 1 2 1 3 1 4 1 5 1 6 1 7 8 9 10 11 12 13 14 APN BLDGn CONST YEAR USE CODE DESIGN[INISHEIISLOG TYPE BSMTZE-1SSIZE SIZE2ND F BLDG 3RD FL BLDG SIZE 4TH FL BLDG SIZE 5TH/UP UNIT MIX GARAGE/ SIZE POOL YIN LAND SIZE .: m zCRPRT IM4 1 _ 1 T7 31- _ = l .2 G v OdG L'��,Z L .r m 7 v ' n r m 0 A OUATTROpRO Check Amount $ Cash Amount $ Mailed Date By NIP MM C04I daft. NIP C04I daft. w at ctrl e n m r sE ��. Am., a ° ,�rner Ir79� �+309 ; 4i2ti —Orj Jo e Old How ne�ee.� lll-b—naf) aminm et GFLwte. e. e. aaopl -XVI"—/.Z,.�jr�., I MISCELLAN60US STRUCT 3 LINE MEN rd^ �A17 ®' -442 ..m® ml�N ININ roaM ort� Asa.-aow� w<ca i..0 I'/f/ %� S ► �,t Trost _ Loi_ BkeIL_ R010PNC11 UNII3 V' ROOK HI tow owW. (IN _ _ Hip 6u C"!1110310 Alm Ahw. WA — wF�q��g�Fw�pAtl�e4 �G ldR': TII. DATION ✓' Mad.A H.§.Pnd 004.' boukN: ThldSTUCCO A. r — PMPdeeI.1LOM SIOIN,/ ✓ — Shlegl- .triE.Jv ' WfdP Wllp yerlpei StreDa.lq.- FI bIMbP iced FLOOR John 7 1 aNvoed ✓ TNet Ob p. - —_ 1� YEAR' '.... CWw -+ Ilk 'tF�J. Wim_ Fr2, 1 Oq_ Call dais 9w. 48 • 'y- �/ !...' — a4 �pt _.. � Jd 110,i -''J - 7 v o Ya. A4.. . �AY �`7is �� i 9'fIi v. y V $o %fid !...' 7g r-rde �pt _.. � Jd 110,i -''J - 7 v o Ya. A4.. 37:J 3 $ O of. v,""Iw"d f39U 9 &' o -L•-0 r -4a Shvvl_of `- INTHIOk � N��I ld InN1I i � � " -�r A--1--� F '� �� I �; I •-! t � ' -� f � � r _ T I..I f I `�! — ' +•---F��'�I ""—_n rt i— � .' � # �r -alb" _ r.. ,h 1 I _ � # �il:.z: I r .. � � •r -� �" �% `Y �. p� I - { 1 r 1 _, I ' L" i S T ?! 1r ,, L' r a IL Li Al te�; 1 I T �I { rt r 77 -7 - -.1 _a OR QE COUNTY ASSESSOR MULTIPLE REMDENTIAL UNIT APPRAISAL RECC 90 ADOREss _ rRAr.I __ ne. NO 401-371.07 DISTRICT T _ LUT -- SIOE `CF OWNER W COMM, WE VE1 NO BLOCK P14-01- T NO. PIEWIT f] CLUIRR I'll YEE - W C LAND VALUE COMFITTATIONE LAND OR UNIT ATTRIEUTEE OAT! _ _ YEAR YNIr UNIT VAWf .+WF r I1Vlpill AMT. 1 _ .r DL}E UP 14P1 'I _I DEPgI - fN O/J PERMITZ --r-?—� m }I Ux0 MYIi Ar. DAT! /9%9 e . JCNEI MIT LIAnAEeMUOVP •^•I'NO r- SUMMARY a mneeuun •fs ND M A!!It1MtT YAR --- - - _ _. ✓ / % ri.. I W4UF BAC -. Cn J ND IDI 4 _ .. CORNER • TE, f, NO SL L' MONTM DM Y[M I _ � 1 � �O �'Y I Ml(Y M n �'rFB NO Iq i. A.6N, IDI vIlW A.CLNA. _ r /(, NON•R. FNONT NO LM10 VKYE i J J•.+. I D S♦/ Ia! ARCN. ARRADI _ 1 J } ❑ f •, WWATIM IWIGTp1 ._ _ /,1/L I Ili NNIT CONFORM I i-1 I[) ] I' � UTILITIES 1 M. � b�i%QQ. .t LAND IM T r' Irl }Q. EQ. A. M. M. INDIGTOII -FE. 1 C YNIT MULT. INDICATOR - 10I LOT IJI1L1YV _ _ 21:110 INDIDATED EALM PRICE- - IF NARR PROM .. INS I] NO �- uslEO PRIDE N DODxINE Awwra +®OND I"I -- 4L_ 11 ZONINO i� L TOTAL PApIRTY VALYE ,.,_- _ - O M ZONIND OOMORM, ' e I- NO rj 1Af10 YALY! �IMIROYW -Z - .. EI LAMD W! � •, 9� ] r'I Wi VAL PERSONAL PIIQEATY VALI4 Y WMACED IMP lei 1 NO ❑J - A THIS UNIT x117,71 0.P E T.5,M, _ �_nw, y_....p.0 ♦ _ .. .. T. .`.. _. y . >, }. .0QhPL MONTS YfR 7 NO r�l IJ• It Mimi TIIAAIC Its ^ NO 1] T. _. _. �•L_l.IANiR/ ///. Zj R. ON. /a71/ 1&7 . _ ]f MANI PARM" r 1 :11 El CC / 11 AUEEi ARNIM 11-1 or Y9 -d0 C•Ia.Rrir�y/^ ;Ic P,vr o3�s'.N tF .YM TS 91ETRICT — —Y %7 a Ux [OD! 0.78 X :ws anF ee �? �. AE'e9!�eerra .ao%. dr�.eic �a r .g0- 4 FM4'L sM./66 ,(6QAtit G rEy([Y �_ nw. / r LrJc�_.ver,](!Fp'�.]. -_ OK n(0 UD IOATI]Rrit T N A A'P 3C-,GWLILCD ,9I jb v .— _ M FORMERLYse ]'r 062-090-0p NEIONRORNOOO ATTRIOVTF.R _. ...._. AE IINOLF FAM, UJIF. YA ,^ .0 h A YULT FAM. UDE V51 n� GAL RG41.0. NIMW MIM. RrR4N 0. dOJ X.LL.N.O M MARKET MULTIPLIER VIOFCArom EAR - GFX NICE IXCDN( I 1 PD YNII I FLA.. M q I N � I APNAnERi OPIFDON GR NI If in. •lplM. INC, i.GAM _ AMNGiE%N IIXIT IXRr R _ ' NNWNAL PROPERTY VALVE INDICATOR EAR yNl. rFA q. I AN ININMiM DINn nM1I PAIY A CONCWEION Yp__ vnwF F1 UNO 1(i, r0••'••M••� , IMAB pee, TEee• Number ENPLOYM NUMpEA ✓fiI T� FD �-�-- 7r�.re—w I W COMM, WE VE1 NO _ I INWIT 'JEE VA r'i NO L --- f] CLUIRR I'll YEE - W C + MIND I r --)1-I_-1 P Lr , COMING. CONOCAM 4. Cr,•HO f' PIANNINO 'r E,— ]C` .r DL}E UP 14P1 'I M iDOut 4ENVIC6 J 10 11: b III ^VILIC IEAVICEE I I~ ]ri' ]J wl --r-?—� m }I Ux0 MYIi Ar. � V CONCWEION Yp__ vnwF F1 UNO 1(i, r0••'••M••� , IMAB pee, TEee• Number ENPLOYM NUMpEA ✓fiI T� FD �-�-- 7r�.re—w I D MITI L N,GCCO ! .N]R'i.I --..._......._.. _......_ — — — —, Va '--� Nf1lE1 NIEATNINO -F NnLL _ W FL AREA canoe a101Np ❑MIT ROOM DETTSIC--- 143 FL nPEA _ .. CCNAWXIiY iuNWVR. A 11 E_ SNnFE I NU - I Nn M; UI t _. X(j IIJ.'!D li PILE Cf - 546PnN AN 1 1N, MAT CENT, YSS if ELaLatYG lry - A.C. aam �oO ALUMINUM �_ .111. 1 A F P COST if C OA TE L "IM SAION'EN __ ::C I OFGIICi VI; 141.1 STON! VEN _ INH LNORY3iG 1] TOG I.nLL L JNIT IDNS I1FY AREA OMIT am 1164. la[ vR...._ _ Jn 0 COxI Is 'I GnO "P VT•IlP ICOMT 4 C DESCRIPTION MRS COST DETAE, rY ltlX31 Jn rF �LTLQL �. rxrr -:•CI. PlMnnry ,tQpl qp IN' -. �i vn EI1V(S _ W9 IAL ' nl _CCE ':Otll W xYA.CRIk venR NIMGL6 L 1 CAN, ,m EPRECIA I ION T1Rr lNNE LMPO E aMLNpL P A I SLID, L. rC0011E WALE -- iiilPW ni rJNGiIOI I•L,Ill NA N CUBE •' rANCE 1 --1�•��-.._ AR RAL A GVE.ET{I�� Fl IN; PODL GOUT ' T:t'YOpI IIA TE i Lf GONDINON - itf ISM, IA1 EVAP a�.i;,� -- 10 10041, GATE 44 WORKMANSHIP ONC — AVO AW. -dODv ]r•, .- IRNF 1MYx T SASIC COST DATA WT • Pec, JxA tl11 YMCElL11�OW 6TRUCTUIItl • LAMB .FF In J RCN , IH it CANW.A. CON, l INH E. ELODF L' CmE E1FJG1 C EfiGPIPPON FIiE M0. IINIT CWT I LION aa11011RT! PAI L r ! :Ip GGl 1xpb0 COpE IT GMT YR. USE BJ-- LWCGN- 7 Oa M O444N TYPE - �0AA N MAL CLAN L_ fp Mblc F6 AREA III ND, OS ON] 7. �l �- Oi OR, COMIT MUD,. -P"�• - _ I ff N0, Oa FLS. .. _ .... _ 14 TOTAL NO. RN,ITAL UNITS eAn CwT Facet A11M AN, FACI_W D— CONxt ,ACTOR AOJ.'MSIC COPT WIC COTY 1.CTM ,AEA AOI, FACIGN f.AOYP CGNGT, reC'OP •- .. _._.. .... - - - -. Y ILGgI% M FL AREA RT 1,0. OP mom ��— w 80011 Y W FL AREA Ila Nn OF uNlrx •I - 101 POOR % 143 FL nPEA _ .. IW N0, UI UNITS IN TOY /GRCH x 101 OECIOSTAIR T 4� AUS XC.CUT YSE C-1 NC 4.1 Mfj1+ 1N, MAT CENT, YSS NO A.C. aam �oO JPl_—_ A F P COST o FF, FI1 COST ::C I I E. ?LID. Wxl - -- I": Cqy PAT, I- 11Si(WFN PArs INH LNORY3iG 1] TOG I.nLL L JNIT IDNS I1FY AREA OMIT am 1164. la[ vR...._ _ Jn 0 COxI _ COEi rPcm IItlIeEEi,EO RN 4 G•+xi IIr CA NA«A 1 ' nl UP ,V1EA R GAP nLPA I ,m C'AIIM:Pi 4G. r1 �Jf rARYnPT 5 -- iiilPW ANN 1_..— . N CUBE •' rANCE 1 --1�•��-.._ -- _ 'iP MIS, @CIT IN; PODL GOUT ' T:t'YOpI IIA TE i - • - :N COCk CWT -- 10 10041, GATE . IVH«lLLEIIm DOT .- IRNF 1MYx T . anL'1' In P G. COST tl11 •'1EFE^ • - ,1' MIIIII .FF In J RCN , IH . .i: ..,Cacx 11 M:LMJ OfT - 10 1 1 O AOAESS iIE "ACT "ACT �OT , GIST FW AREA -- _ PATE OWNER_ COST Coo REM FACT. AON RUCOST SLOCN- AMT 111 ROOF &NLT•IN6 ROOM AND FINISH DETAIL IS POOL DATE UNIT FLAT fP fT.� ROONS %LOOK! ROOM FINISH INTERIOR F1aE1SN T AP. =. lR0 _ AR ! I $ M/REIM 6M. wM LSC[ILINai r NEMARM _ N aiOE 01 IMM A C ALL Ij' _ is' P, WILMOT fOHM. - C Cos TE CUT-UP N-Drb RON RD - M C E, BATT aov RI. XML _ -- � N P.NRPYECNO SWIU —Maa snw x LIVING i _— 6 REMIO(14JAOR DINING / I LE caN51. CRTP CGM 6MIxaL[ Rumpus - -' 10 _ 111,11" TVR TAM J DMZ. an R"iF— I- i 11 O'EML'Yerk -� TiLC— VAC CLEAN \ta - Y_ �_. _ +• • . f A \(D - TE - EFFEiI ftVUR _ S Il. 77 O[MECIAiION TRAM WALLS FARE, —02 iipd N FUNCTIOnAL PLM-, -200 0 p, HEAT IT. CAL METAL G NW I OMI WALL MO R. 1a CamOIT10n I� oso 2ELE1t-- GIIAu . W R ON IGp-n" MIC LINO [PLASM \AS[ MAN R. wORRNAx[NU - 1 a 2 ❑ J � p1 L BATH DETAIL - - - f 1 In FlxNROAGC TOTAL MOOM+ wrwb O FILM FLSOFIFIN" WALL) V0 LA EYE n T W FINISH INA. PYLLMAM! IE LIVING RMS J ..- SIWMp SPIDll-- .• COOLING COOLINGWwA [0 FAMIIV RMf �1AR Lv F. WALL is xO.wi[0AW N R eRICn REg MISCEUANEO STRUCTURES Ra No, of MTN AMr STOnf F'[n ✓q F"' STRYOT. FND CO fiT AODr FL IMT 811E C%T OTHER " A A OAR -•. ORS " atm-" tJ C[NAAL NGT Vtl�Np ©' dl LVOaY REC.Cr n•L r , 0 . S[ CCNT. COOLINO VFA O BO ©. AU AU np, IT CMT O CVW __ .. rw 411 .. P A f�gRT['1u F «. AT,) COST FACTORS _ 11.1. l - Wim' I MM. ... P ern. �I _ OUALITV CLASS ... .. A MANIAC__ _ ___ .. _ a ; y_..n ARM ray wco, ' H IRE FLIT ARM II Rad -ALM ANG -- EE W FLM FACTOR rE MIKE ARfA N IPJ Foo f 16TOR - n AnIroo, AM" Ia FACTOR UMT ARG STMT FACTOR PIN SENT ARM RIN BYFNACtOR DITIONS YITICNS FACTOR CN TGTAL COn PATIO GafTV PATIO GMTCOOT -_ 10T Aa con /J-0 11 M:LMJ OfT 10 1 1 GAGM 4Afd Fn iIE IRRWA 10. FW AREA -- H is IsMn[ M COST _. riHLE con COMPUTATIONS APIRR. DATE COST Coo REM FACT. AON RUCOST 111 POOL CMT IS POOL DATE IN COCA IMM GOn I_ lR0 000A IYM oATi MFf11M0 MAIM V1110 NO lal lis IMM aP1C. 1 IEA _ is' P, WILMOT fOHM. - C Cos TE RON RD RCLND IICN -- � of 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'/2 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, Ry�ontek 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 R (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: founding principal.. john c. loomis, amhitect J amas a. wilsou, architect principal elwood I, gWlcy, 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 newpott boulevard —.newport beach, ea 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, 2921 newport boulevard — newport beach, ca 92663 — 9491673-2643 modified hip roofs, etc.) to also be considered historic as part of the original development of the property. The mid -addition and rear additions were later alterations that are inconsistent with the architecture of the original structure and are, therefore, not considered historically significant. Building Code Issues There appear to be a number of serious building hazards and code violations in the current development. The most significant is the construction of the enclosed stairway to the upper unit that actually encroaches across the side yard property line. This addition is illegal and constitutes as hazard, in our opinion, by blocking access in the side yards for fire fighting, as required by the CBC. This stair addition should be removed and a new stairway/entry constructed elsewhere. The rear living unit structure is very non -conforming to Building Codes and it does not appear to be economically viable to bring this structure up to current codes. Further Study Further research using Sanborn and Building Survey Maps could confirm the construction sequence and provide proof of construction dates. There also could be information relating to the use of these structures at the time of mapping. The cost of retaining an Architectural Historian to research this property would probably be about $1,000. Conclusion We feel that the front house and two-story carriage barn are both historically significant. It is apparent that there was only one living unit on-site in 1929 when the City of Tustin was incorporated. There is strong physical evidence that the second and third living units were added much later, post WWII. Recommendations We would recommend that the illegal stairway be removed and that code violations be corrected at the carriage barn ASAP, if the continued use of this space as a second living unit is allowed by the City of Tustin. We would hope that future improvements could include the reversal of some of the inappropriate alterations to the carriage barn to help restore the architectural integrity of this resource. 2821 newport boulevard — newport beach, ca 92663 —9491673-2643 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 — newport beach, ca 92663 —949/673-2643 ATTACHMENT PC Resolution No. 4161 :t�Y�A�j�CU►��[�IC�ils�i 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. That, pursuant to Section 112 of the City of Tustin's adopted California Building Code, the Planning Commission, acting as Board of Appeals, shall not have authority relative to interpretation of the administrative provisions of the Tustin Building Code or to waive requirements of such code. Further, the hearing shall be de novo and the Board of Appeals may approve, approve with conditions, or disapprove the matter in accordance with the Tustin City Code or remand the matter to the Community Development Director or the Zoning Administrator for further proceedings in accordance with directions of the Board of Appeals. K. That, the Board of Appeals considered evidence supporting the Enforcement Officer's determination that a public nuisance condition exists at the subject property due to the present violations of the following Building Code section: California Building Code A105.1 (Adopted per Tustin City Code 8100) - Permits Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. Resolution No. 4161 Page 3 L. That there is substantial evidence that the violations identified in the Notice and Order exists as evidenced by the Building Code violations observed on a cursory and visual observation of a site visit on September 10, 2010 provided hereto in Exhibit A. M. That the violations identified herein and in the Notice and Order demonstrate that substandard housing and property maintenance conditions exist which create a dangerous condition at the subject property due to the present violations of the California Building Code as adopted per Tustin City Code 8100; N. That the extent of repairs ordered by the Enforcement Officer are appropriate for the property; O. That the time limitations for starting and completing the repairs are reasonable; P. That the Board of Appeals has the right to employ qualified individuals to assist in its investigations and in making findings and decisions. Staff commissioned a third party survey and evaluation provided by Licensed Architect John C. Loomis from Thirtieth Street Architects, Inc. The architect provided a report that concluded that "the front house and two-story carriage barn are both historically significant. It is apparent that there was only one living unit on-site (main house] in 1929 when the City of Tustin was incorporated. There is strong physical evidence that the second and third living units were added much later, post WWII' (attached hereto in Exhibit C). The Planning Commission, acting in its capacity as the Board of Appeals pursuant to Section 112 of the Building Code as adopted by the City of Tustin, hereby affirms the Notice and Order for the property at 520 Pacific Street which provides written notice of the existence of a public nuisance and requires the correction of code violations related to illegal structures constructed in violation of the Tustin City Code subject to the following condition: The property owner(s) is/are hereby ordered to comply with the requirements of the Notice and Order identified in the related staff report dated October 26, 2010, as attached hereto Exhibit B and incorporated herein with the exception of the date of compliance which is hereby established as November 30, 2010. PASSED AND ADOPTED by the Board of Appeals of the City of Tustin, at a regular meeting on the 26th day of October, 2010. Resolution No. 4161 Page 4 Jeff R. Thompson Chair Pro Tem Y. Henry Huang, P.E., C.B.O. Board of Appeals Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, Y. Henry Huang, the undersigned, hereby certify that I am the Board of Appeals Secretary of the Board of Appeals of the City of Tustin, California; that Resolution No. 4161 was duly passed and adopted at a regular meeting of the Tustin Board of Appeals, held on the 26th day of October, 2010. Y. Henry Huang, P.E., C.B.O. Building Official S:ICddAny�Code EnforcemenM20 Pacific%PC resolution Appeal 520 Padfic.docx EXHIBIT A OF RESOLUTION NO. 4161 Table 1: Code Compliance Issues EXHIBIT A RESOLUTION NOs. 4161 AND 4162 Table 1: Code Compliance Issues Location Code Compliance Code Sections Photos Issue applicable The use of the property California fire Code as a triplex (with 3 Section 102.3 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 work done without required) Bathroom permits in upper c Permits are required to unit w/ no C7 insure that life safety permits protocol Is followed and installation is done q ' - 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 4 units lot is 10,000 sq. R) 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. I I P a g e EXHI BIT 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 Cade properly 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 Ingress egress in rase of fire or other emergency. Furnace Installed TCC 8100 Adoption of without required permits 2007 California Building does not meet Code A105.1 —Permits clearance requirements required ^� and creates a potential 120 fire hazard. 9) Exposed electrical next TCC 8100 Adoption of to unpermitted furnace 2007 California Building r' o which causes potential Code A105.1 —Permits , m fire hazard, required l e � q� 'G o cs i is Electrical device - next to heater Kitchen cooking TCC 9223b2 No cooking facilities not permitted facilities permitted in in guest unit. guest unit Kitchen in Plumbing and electrical TCC 8100 Adoption of per unit installed without 2007 California Building permits. Permits are Code A105.1— Permits required to insure that required life safety protocol is followed and installation is done according to plan. Without such permits and inspection, installation may create fire hazard, water dame a etc. 21 Page EXHIBIT A RESOLUTION NOs. 4161 AND 4162 Location Code Compliance Code Sections Photos Issue applicable Shower added on to TCC 8100 Adoption of original structure. This 2007 California Building requires a building Code A105.1 —Permits permit to add additional required) square footage (pop- I out) and permits for plumbing, and waterproofing. Shower added w/o permits Railing has no TCC 8100 Adoption of Intermediary posts and 2007 California Building - No inner the run and rise are not Code 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 Cade 1012 Handrails— poses a potential falling handrails required for hazard for small stairways children. TCC 8100 Adoption of m 2007 California Building O1, Code 1013 Guards — guards shall be located y along open -sided a walking surfaces including stairways located more than 30 inches above the grade below There is no property 2007 CBC Section v line firewall separation 1024.3 Exit discharge a between staircase and location Window at PL the property line. requires Sit 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). Built over PL There are several Issues associated with the location of this staircase; most imminent is the lack of emergency access and safe egress from the unit. Roof drains onto 2007 CBC Section neighboring property 1101.1 all roofs shall be which may cause drained into a separate.. flooding. storm sewer system 2007 CBC Section 2007 CBC Section J109.4 — Drainage across property line 3 1 P a g e EXHIBIT A RESOLUTION NOs. 4161 AND 4162 Location Code Compliance Code Sections photos Issue applicable Structural supports do 2007 CBC Section - _ not provide sufficient 1604.1, 2301.2 General supporting rafters Roof Design Requirements. r - Inadequate members are Floor joist supported undersized to provide along block fence rather structural adequate support than cantilevered from supports the two story structure (i 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 r main house unit pursuant to building Section 102.3 Change of _ t 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 i - r additional hazards to 4 occupants since the m occupancy changes with a tri-plex (common terminology). Unsupported electrical TCC 6100 Adoption of metal conduit (EMT) 2007 California Building Unsupported 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 t to fire hazard originating in the garage. - c d 129 = - New junction box without - permits Fair g I 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 rating requirement; 5 Fire -Resistance Rating foot setback required to Requirements for Exterior property line to protect Walls Based on Fire occupants from fire Separation Distance t. hazards; or safety (1927 UBC Section 1403, _ a. personnel responding to less then 3 feet) I -d an emergency. TCC 9223b2 minimum '43 d side yard setback 5 feet m m X Min. 5 R setback required (zero - 4 R 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 I 1, It is installed on a Code Al 05.1 — Permits combustible wood sided required - wall which poses a Subject to manufacture's Heater potential fire hazard due Installation standards and Installed to the combustible mechanical/plumbing W/o material permit - permit Ceiling heights vary and 2007 CMC Section do not meet the 7'6" 1208.2 Ceiling height T — height requirement minimum i Ceiling height does not meet min. 7'6" Improper and 2007 CFC Section 6055 substandard electrical Extension Cords wiring without permit - Power strip next to kitchen sink where a range might have been previously c m a C v Plumbing added without TCC 8100 Adoption of permit 2007 California Building Code At 06.1 —Permits required) TCC 9223b2 No cooking Kitchen in rear unit- not ermined P Kitchen is not permitted (per zoning) facilities permitted in (Le. plumbing, electrical, guest unit etc.) 61Page 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 Insulation Is nonrated Wall and opening and is combustible protection 2007 CBC (appears to be straw Table 602 Fire - bale) Resistance Rating Requirements far Exterior Walls Based on Fire � Separation Distance and c Table 704.8 Maximum o Area of Exterior Wall '9 Openings i a. Combustible material installed between walls Pala 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 �• heat and light cooking. Therefore, it _ t requires sufficient light, ventilation, heat etc Ceiling height is too low 2007 CMC Section E and should be a 1208.2 minimum 7'8" minimum 7'8' I e 0 F b of 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 SACdd\Amy\Code Enforcement\530 Paclflc\code vlolatlons doc 7 1 P a g e EXHIBIT B OF RESOLUTION NO. 4161 Notice and Order Community Development Department Sent via first Cass 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 It If FORY 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.rustinca.org Notice and Order at 520 Pacific Street September 10, 2010 Case 0 V104312 Page 2 ron- 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� BrAd 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), 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 violadon(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 fors and other information on Administrative Citations may be obtained on the City's website at www.tustinca.orc. 300 Ccntcnnial Way, Tustin, CA 92780 0 P: (714) 573-3100 • F: (714) 573-3113 0 www.ttistinca.org Nonce 0 q Order aJ 520 P.ft 61ree1 swq." r 16, 2010 Cess 0 V10-0 1'21 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 lnc. 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 jamcs c. wilson, architect principal elweod 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, zks, John Loomis Principal 2821 newport boulevard — newport beach, ca 92663 — 949/673-2643 ATTACHMENT J PC Resolution No. 4162 RESOLUTION NO. 4162 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AFFIRMING THE 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 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; 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; 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 S:1Cdd1AmXode EnkrcemenP520 PadfloWC resolution Appeal 520 Padfic.dou 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 (with 3 Section 102.3 Change of _ units) changes the use or occupancy; building occupancy California Fire Code r. 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 Al05.1 — Permits work done without required) Bathroom in upper permits mPermits are required to unit wl no (g Insure that life safety permits protocol is followed and installation is done according to plan. Wilhout such permits and inspection, installation may create fire hazard, water damage, etc. Pursuant to the zoning TCC 9223a7(b)- code; the properly 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. 1I Page EXHIBIT A RESOLUTION NOs. 4161 AND 4162 Location Code Compliance Code Sections Photos Issue applicable The second story wall Section 1403 of TCC construction and 8100 Adoption of 2007 windows adjacent to the California Building Code property line do not comply with fire protection Insufficient requirements. setback to 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. Furnace Installed TCC 8100 Adoption of without required permits 2007 California Building does not meet Code A105.1 - Permits clearance requirements required and creates a potential fire hazard. Exposed electrical next TCC 8100 Adoption of J e c to unpermitted furnace 2007 California Building which causes potential Code A105.1- Permits fire hazard. required f� O N a c 0 u d re Electrical device to heater Kitchen cooking TCC 9223b2 No cooking facilities not permitted facilities permitted In In guest unit. guest unit Kitchen in Plumbing and electrical TCC 8100 Adoption of upper unit installed without 2007 California Building permits. Permits are Code Al 05.1 -Permits required to insure that required life safety protocol is followed and installation is done according to plan. Without such permits and Inspection, Installation may create fire hazard, water damage, atc. 21 Page EXHIBIT A RESOLUTION NOs. 4161 AND 4162 Location Code Compliance Code Sections Photos Issue applicable Shower added on to TCC 8100 Adoption of original structure. This 2007 California Building "\ requires a building Code At 05.1 — Permits permit to add additional required) square footage (pop - _- out) and permits for plumbing, and waterproofing. — Shower added wto its l i' 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 Handralls — y poses a potential falling handrails required for hazard for small stairways children. TCC 8100 Adoption of 2007 California Buildingth @ Code 1013 Guards— guards shall be located y along open -sided \ - walking surfaces $ including stairways M located more than 30 _..., Inches above the grade Q below S There is no property 2007 CBC Section o line firewall separation 1024.3 Exil discharge between staircase and location Window at PL k the property line. requires Sft 03 setback The staircase Is built TCC 9223b2(e) requires over the property line 5 ft. setback to property A guest unit requires a line j 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 L 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 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 and the 2 -story garage CBC and Fire Code attached to and attached rear units; violations: 11 making this a tri-plex California Fre Code main house unit pursuant to building Section 102.3 Change of ! ,1=— `. 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 0 occupants since the v occupancy changes with a tri-plex (common terminology). Unsupported electrical TCC 8100 Adoption of metal conduit (EMT) 2007 California Building Unsupported between garage and Code A106.1 —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 Distanceto fire hazard originating in the garage. New junction box without permits rdnn a 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 rating requirement; 5 Fire -Resistance Rafing foot setback required to Requirements for Exterior property line to protect Walls Based on Fire occupants from fire Separation Distance hazards; or safety (1927 UBC Section 1403, personnel responding to less than 3 feet) an emergency. TCC 9223b2 minimum side yard setback 5 feet v b Min. 5 It setback required (zero - 4 ft provided) 51 Pate EXHIBIT B OF RESOLUTION NO. 4162 1►CTIM.sto iiir i Community Development Department T U S T I N Y� O AIR Sent via first class and certified mail -A HISTORY September 16, 2010 BUILDING OUR FUTURE HONORING OUR PAST 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 Thank you for meeting with City staff at 520 Pacific Street on September 10, 2010. During the inspection, two detached structures were observed within the rear yard, in addition to a guest house above the garage and a second guest house behind the garage; all of which are unpermitted. A preliminary search of City records also indicates that no conditional use permit (CUP) is on file to establish guest houses at the property. Other noncompliant issues were also noted during the inspection; which include, but are not limited to the staircase on the south side of the garage which does not provide the appropriate setback to the side property line and the guest house above the garage currently contains cooking facilities, which is prohibited. Several violations currently exist at your property, which are attached hereto as Exhibit B. Pursuant to Tustin City Code 1122(a), any violation of the Tustin City Code is a public nuisance. Therefore. please be advised that the City has determined that a public nuisance is being maintained at 520 Pacific Street due in that the necessary permits and entitlement were not obtained for the two detached structures in the rear yard or the two guest houses. You are hereby directed to do one of the following by no later than Friday, October 29, 2010: 1) Submit a complete CUP application with the appropriate plans and all other necessary entitlement applications to the Planning and Building Division for the two guest houses and the two detached structures within the rear yard. 300 Centennial Way, Tustin, CA 92780 0 P: (714) 573-3100 • F: (714) 573-3113 0 www.tustinca.org Notice and Order at 520 Paclfic Street September 16, 2010 Case # V70-0312 Page 2 OR 2) Obtain a permit from the Planning and Building Division and physically commence with the demolition and removal of all unpermitted structures and improvements on the property; which include, but are not limited to the two guest houses, the staircase attached to the garage and the two detached structures within the rear yard. NOTE: For information on obtaining permits, please contact the Building Division at (714) 573- 3120 and/or the Planning Division at (714) 573-3140. Additionally, all permits related to this matter are to be finaled within ninety calendar days of permit issuance pursuant to 2007 California Building Code A105.5. This letter constitutes your Notice and Order to abate all public nuisance conditions and violations at 520 Pacific Street. You (or) any person having any record title or legal interest in the property may request consideration of this Notice and Order or any action of the enforcement within ten calendar days from the date of service of this Notice and Order. All appeals shall be made in writing. Failure to comply with this notice within the time limit specified above may result in (1) the issuance of an administrative citation pursuant to Tustin City Code 1162(a) (reference Exhibit A attached hereto for further information), and/or (2) all necessary work being completed by City personnel or private contractor, with all abatement costs being billed against you and/or assessed against the property and/or (3) the referral of this matter to our City Attorney for further legal action. Please note that the disposal of any material involved in public nuisances shall be carried forth in a legal manner. Additionally, this notice and order will be recorded against the property in the Office of the County Recorder. If you need further clarification or assistance with this matter, please contact me directly at (714) 573-3135. Sincere[)� Br9d Ste�e�Inl,X� 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 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 thins 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 Ilen. Should an administrative citation be issued, the responsible person has ten (10) days from the date of the administrable citation to pay the corresponding finale). 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 administrable citation pursuant to TCC 1188 within ten (10) days from the date of the administrative citation, together with an advanced deposit of the corresponding finals). Request for Hearing forms and other information on Administrative Citations May be obtained on the City's website at www.tustinco.or9. 300 Centennial Way, Tustin, CA 92780 • P:(714)573-3100 0 F:(714)573-3113 0 www,tustinca.org Notim and Order at 520 Pmetc Street Septemear 16, 2010 Case k V10-0312 Exhibit B Code Violations at 520 Pacific Street 2007 California Building Code A105.1 (Adopted per Tustin City Code 8100) — Permits Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. Tustin City Code 9223(b)(2) — Single Family Residential District (R-1) Conditionally Permitted Uses and Development Standards - Accessory buildings used as guest rooms, provided no cooking facility is installed or maintained are subject to a conditional use permit. Tustin City Code 9223(b)(2)(d) — Single Family Residential District (R-1) Minimum side yard setback for accessory buildings used as guest houses - Corner lot line: 10 feet; Interior lot line: 5 feet, NOTE: Please be advised that there may be additional code compliance requirements. EXHIBIT C OF RESOLUTION NO. 4162 Report prepared by Thirtieth Street Architects, Inc. thirtieth street architects inc. October 20, 2010 Ms. Elizabeth Binsack, Community Development Director City of Tustin 300 Centennial Way Tustin, CA 92780 Re: 520 Pacific Street, Tustin Dear Elizabeth: founding principuls 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 — 9491673-2643 modified hip roofs, etc.) to also be considered historic as part of the original development of the property. The mid -addition and rear additions were later alterations that are inconsistent with the architecture of the original structure and are, therefore, not considered historically significant. Building Code Issues There appear to be a number of serious building hazards and code violations in the current development. The most significant is the construction of the enclosed stairway to the upper unit that actually encroaches across the side yard property line. This addition is illegal and constitutes as hazard, in our opinion, by blocking access in the side yards for fire fighting, as required by the CBC. This stair addition should be removed and a new stairway/entry constructed elsewhere. The rear living unit structure is very non -conforming to Building Codes and it does not appear to be economically viable to bring this structure up to current codes. Further Study Further research using Sanborn and Building Survey Maps could confirm the construction sequence and provide proof of construction dates. There also could be information relating to the use of these structures at the time of mapping. The cost of retaining an Architectural Historian to research this property would probably be about $1,000. Conclusion We feel that the front house and two-story carriage barn are both historically significant. It is apparent that there was only one living unit on-site in 1929 when the City of Tustin was incorporated. There is strong physical evidence that the second and third living units were added much later, post WWII. Recommendations We would recommend that the illegal stairway be removed and that code violations be corrected at the carriage barn ASAP, if the continued use of this space as a second living unit is allowed by the City of Tustin. We would hope that future improvements could include the reversal of some of the inappropriate alterations to the carriage barn to help restore the architectural integrity of this resource. 2821 newport boulevard — newport beach, ca 92663 - 949/673-2643 We do not recommend the occupancy for habitation of the substandard, rear addition. If you have any questions regarding the above, please do not hesitate to contact me. Very truly yours, John Loomis Principal 2821 newport boulevard — newport beach, ca 92663 —949/673-2643