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HomeMy WebLinkAboutPC RES 4162RESOLUTION 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; 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; Resolution No. 4162 Page 2 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; 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 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; 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."; Resolution No. 4162 Page 3 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 or replacements do not exceed fifty (50) percent of the buildings assessed valuation, as shown on the last equalized assessment roll of the Gity 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 unit including 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 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). Resolution No. 4152 Page 4 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. (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 unit including two rooms and bathroom located behind the garage was utilized as a second residential 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). (Attachment 1 of Exhibit A) R. That on December 14, 2010, the Planning Commission, acting in its capacity as the appeal hearing body, considered said evidence at a public hearing; and 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. 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 unit including two rooms and a bathroom located behind the garage is a nonconforming second residential unit. Resolution No. 4162 Page 5 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 14th day of December, 2010. STEV ZAK Chairp on E ZABETH 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. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONS OF APPROVAL 520 PACIFIC STREET RESOLUTION N0.4162 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) u EXHIBIT A OF RESOLUTION N0.4162 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 Recorded in Official Records, Orange County • Tom Daly, Clerk-Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIU~IINIU~III~IIIIIIIIVIIIIII No FEE 2011000153132 11:50 am 03/24/11 42 411 D01 3 : 0.00 0.00 0.00 0.00 6.00 0.00 0.00 0.00 Recording fees exempt per GCS 6103 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(s), 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 unit including two rooms and a bathroom located behind the gazage is a nonconforming second residential unit. 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 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 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 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) 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 or replacements do not exceed fifty (SO) percent of the buildings assessed valuation, as shown on the last equalized assessment roll of the City of Tustin. I declaze that I have done nothing to construct, enlarge, alter, repair, move, demolish, or change the occupancy of any of the nonconforming buildings or structures, in violation of the above referenced City Code. 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, ftom 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 ~ o~ day of ~(~~` ' _, 20~_. (Day) (Month) (Yeaz) B . ` ~ --z-~~--- Y• / (Bret S. Fairbanks) /-~ ! A ~h~" I ~D r'~ti (Stephadiie A. Fairbanks) { CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORiVIA COUNTY OF nflAn~1~P~ ) On 3"~a`!! before me Fr'rr, ~nl'~- DATE INSERT NAME, TITLE OF OFFICER - E.G.., "JANE DOE, NOTARY PUBLIC personally appeared, ~,~°.+ F~~~b~r.~~ ~~~~ ~Tai%e -~air~,~~~ who 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 acknowledged to me that he/s~they executed the same in lusther/their authorized capacity(ies), and that b~her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJi.1RY under the laws of the State of California that the foregoing paragraph is true and correct. .o~„a.o.o..Q WITNESS my hand and official seal. Y-°-°'°'`y° ER-CA itASE ~ ~ C©MM. ~ 1587514 y g NOTARY PUBLIC - CALIfORNtA ~ DitAI36E COUBT2014 ~ ,~,~ ~ COMM. EXPIRES APRIL 27, (SEAL) NOTARY PUBLIC SIGNATURE OPTIONAL INFORMATION THLS OPTIONAL AIFORMATION SECTION IS NOT REQUIRED BY LAW BUT MAY BE BENEFICIAL T6 PERSONS RELYING ON THIS NOTARIZID DOCUMEt9'P. TTI`L,E OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNERS(S) OTHER THAN NAMED ABOVE SIGNER'S NAME SIGNER'S NAME RIQ-rP THUMBPRINT RIGHT THUMBPRBNT To order supplies, please contact McGlone Insurance Services, Inc. at (91 ~ 484 0804. AGREEMENT TO CONDITIONS IMPOSED t, the undersigned, hereby agree to comply with all conditions imposed by the Community Development Department and/or City Council of the City of Tustin on approval of City Council Resolution No. 11-18 and Planning Commission Resolution No. 4162 as attached to the letter dated March 17, 2011. jp'U ~G ~.a~_ Bret S. Fairbanks, Property Owner - ~-~~ Step ~' iie ai banks, Property Owner CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF ~ `~ n a ~ ) On ~- ~ ~-~ ~ t before me ~~`' ~U ~'°h ~~ DATE INSERT NAME, TTTLE OF OFFICER-E.G._, "JANE DOE, NOTARY PUBLIC perSOnally appeared., ~'Pk TQ~o hn~ Y S ~n.~ ~kP~han i-P ~~~« bi nY ~ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) /are subscribed to the within instrument and acknowledged to me that he/sh~/they executed the same in.hisA;tel=/their authorized capacity(ies), and that by l~i~s/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJiJRY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and off cial seal. ~I~~~/ SEAL NOTARY PUBLIC SIGNATURE NUMBER OF PAGES OPTIONAL INFORMATION THIS OPTIONAL INFORMATION SECTION lS NOT REQTJIRII) BY LAW BUT MAY BE BENI.FICIAL TO PERSONS RELYING ON THIS NOTARIZID DOCUMEN'T'. TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT SIGNERS(S) OTHER THAN NAMED ABOVE SIGNER'S NAME RIGHT TIiUMBPRTNT ~.~~_ _, ~ ,. ~ ~ ax "''~ ERICA RAE ~,} ' ~~E;~,~'-~ COMM. # Z8875~~+ i ~. •~-^ '~`'•#i37ARY PUBLIC - CAI.iF~~k^ii ~ ~~% ` ORANGE COUNT 'y r +~iroK~ COMM. EXPIRES APRIL 27 ~ _~y' ; RTGH'f THUMBPRINT' To order supplies, please contact McGlone Insurance Services, Inc. at (91 t7 484 0804. SIGNER'S NAME EXHIBIT B OF RESOLUTION N0.4162 ATTACHMENT 1 Report prepared by Thirtieth Street Architects, Inc. thirtieth street architects inc. October 2U, 20l 0 Ms. Elizabeth Binsack, Community Development Director City of Tustin 300 Centennial Way Tustin, CA 92780 Re: 520 Pacific Street, Tustin Dear Elizabeth: roundift,g Prirtcrpuls jolty c. Loomis, architect fames c. Wilson, architect principal elwood 1. pulley, 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 Toning 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 Chat 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. 2b21 newpurt boulevard - newpart beach, ca 92663 - 949/673-2643 At some point later in time, it appears that the upper poe-tion 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 oxtay 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 re~>r 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 194d's or early 1951~'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 builduig has vertical board and Batt siding and different detailing than the original structures and a vintage TM Cobb front door. This was probably converted into a third living unit some time in the early 1960'x, based on the knotty pine interior. This is a very substandard structure in terms of ceiling height and construction methods. Additional alterations to the middle addition were made later, including a rooftop shed structure with a skylight that is apparently over a shower. There is evidence of fairly recent electrical work based on the yellow Romex that is visible in many of the building cavities. Changes in Use The original development of the site in 1925 included the construction of a single- family residence with one living unit and atwo-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, 7821 newpoa-t bou]evard -newport beacla, ca )2663 - 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 lssues There appear to be a number of serioLis 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 eoustitutes as hazard, in our opinion, by blocking access in the side yards for fire fighting, as required by the CBC. This stai- 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 ilcorporated. 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 same of the inappropriate alterations to the carriage barn to help restore the architectural integrity of this resource. '2821 ne~~vport bc~ule:vard - newport Ueach, ca 92663 - 949/673-2543 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 r~ewpoat be>ulevarei - newport B~eztch, ea 92663 - 949/673-2643 EXHIBIT B OF RESOLUTION N0.4162 ATTACHMENT 2 Santa Ana Street Address Directory published in August of 1952 82 * indicates Rome Ownership SANTA ANA STREET ADDRESS DIRECTORY CRiSS CROSS 1'AGiF'IC (Catt'd) ~LCOND. EAST-from 200 D SIXTB[ (Cont'al) 7'lrill~D WEST (Cont'd) W Second Intersects east 365*Rowland Ruih L... ..I(i 3-4072 California intersects 205*Mlller M E ICi 2.7.622 115*Hale F A Mrs......i<[ 3-6475 405*Bibby Mary 500*Lelhy 0 A..........ICI 2-8422 ....... 210*Duvall Zula 8..... .. ..1<f 3-3603 155 Fairhrallter 415*Cieary C A.. , .. , . .. K[ 2-5138 505*Sagraves M E... , .. KI 2-467 245*Wilten A L... , ... ..ICI 2.7505 Enid Mrs........ JCI 3-6475 425 Morse T J ~ 515*Stanton K W Mrs 250*Carter F M...... ..IQ 3-4340 160 Thompson J F 435*Plumb J M Mrs... ..1<I 3-2786 520*Lawrence M E......Ki 2-0505 255*Galhan Ambrosio .. .. KI 2--1906 S Prospect ~av Uttersects 445*Petersen G W 525*Johnnsen Carlton 260*H II J '' I<l 2-7420 ~ ]) 445a/z 51oat Harvey 530*Lanicr C R........ICC 2-6454 apse ~. , ...... SECOND, WES7~--itont ,.00 265 Viceh H R. , ........ K[ 3-8637 cVPet 455*Mason J H......... Kl 2-3072 W TLIrd Intersects 120*Chaney C F......,.KI 3-0772 465*Hendrlcks A 5 W 1Vlain Intersects 1.25*Proeless Almena Mrs K[ 2-8317 Pacifio intersects 435*8lakeney M C Mrs, .. KI 3-3873 130*Zepeda R V..... , ... KI 3-6628 City limps Grigsby Ruth Mrs.... K[ 445*Eatvn E W 510*MeCoy 11 R....... ,i(1 515*White F M.........ICI 520*Gayland G T. , ...... KI 5201/x Reyes Ahne Mrs...KI 535*Mlller L E..........ICi rear Knutson M E........I(i 540 Gray W H.........K! 550*Finken W H. , ...... K[ 560 Mills L D Mrs....... KC Sixth Utte PASADENA AV-from E+'irst south 145 Ford G C......_....iCI 155* Manson R H.....,..KI 165*LeBard J A,....,..Ki 175*Hilton C M.........KI 185*Smith L E. , ....... Kl W Second ante 310*McClintock N C.....I(I W Main into PROSPECT AY, NORTH from 200 E First notrl (See also Prospect av in run: directory) PROSPECT AV, 50LPi'H• from 200 E First south 130*Swaln Frank........ KI 150*Eaton M M Mrs.....Kl 160 Coate 0 G 170 Reed J Z.........,.KI 160*Johnson W L........KI 190*Mlller Docia Mrs.... KI E Second lots 230*Steppe Victor....... K[ 240*Kiser J R rear Kiser W E Third Intci: E Main lots (See also Prospect av In rurz dlrectorv) . I(1 l50*Malicote Harrison._..Ki 2-2191 South C intersects South li intersects 305*Melv(n J E.........K1 3-2453 325 Helt Hayden 335 Oglesby R L.. , .....ICI 3-6723 336 Heckman G B 355*Lewls T T..........KI 2-5573 South A Intersects 445 Meek V C..........K[ 3-2761 4451/x Everett C K 460*Charleton A M......KI 3-3211 465*Keeler W G food products .........KI 2-5378 505*Martin D L... , .. , .. Kl 3-5515 510*Hurttley W M.......K1 3-4814 520*Gufick W N......,.Ki 3-3930 530*Judson F H 540 Wilcox John Pac;.Tlo Intersects 1Yiyrtle av intersects Pasadena av Intersects TusL-in av Lntersects -3B- SIXTH-from 000 D west 135*Flschback MIch1...,.K1 3-1714 South C intersects 255*Enghaum F M.......KI 3-0443 South B Intersects 305*Lindsey Hollis....... KI 2--5096 (See also Sixth in rural street ad- dress directory3 fI~D, EAST-from 300 D Prospect av intersects diet A M....... , K! 3-5810 bias A R......... K[ 3-5634 F Intersects 1.,~.~a,~~~ .. 345*Robinson J EIiz... , ..KI rear Cruzen Adelaide Mrs *Pllcher Bertha 355*Pennington S C.... , KI rear WEST_.from 300 D 130 Hanson & Peterson... K[ 3-7652 Fraser R W Iwyr..... KI 3-5110 135 Tustin Post OfFlce....Kl 2-7463 145 Tus Br Library...... KI 3-2424 city flail ........... Ki 2-5681 Councl) . , .. KI 2-5681 Bldr Inspr's Ofc:-, ... KI 2-5681 Clerk's Ofc....,.....Ki 2-5681 Engineer ...........KI 2-5681 Fire Depl........... Ki 2-0373 Judqe .. ....KI 2-5681 Justice of the Peace. KI 2-5681 Mayor's Dfc......... Ki 2-5681 Pollee Dept.........KI 2-5681 155 Fowler & Schmetzer heating com.r...... KI 3-8194 South C Intersects South B Intersects 308 Mitchell Beatrice Mrs 315 Custer Marian I.....KI 3-2433 320*Gunderson H E......Kl 2-7322 328 Patton K A_........KI 3-2550 335*Pierson F R......_.K[ 3-3902 340*Burke M W......,..KI 2-8355 South A intersects 430*Chadlck N T........KI 3-9165 440*Mlller Elix H..... , .KI 3-6349 450*Wilson C S Mrs._...KI 3-3582 455*Browning C R......KI 3-3465 465*Humeston V L......KI 3-3605 RURAL STREET ADDRESS DIRECTORY --4+Y- ACACIA-from MacArthur blvd southwest intersecting 2000 Palisades rd (Served by Sta Ana PO) Georgia pl intersects Carohlrta pl, intersects Pallsacle dr intersects 20042*McCullough R H, .. , .Ki 2-1760 20051*Warrcn AIf.........Ki 2-1837 20062*Love L A..........K1 2-2949 M C. ....ICI 2-107E .... KI 2-1873 i F L t J poultry BE 7334-W ...Kl 2-1060 bldg contr C W..... ...BE 7334-J J'S i........ .,.KI 2-1911 R D H J 3 G R.... ...KI 2-1849 JE G H ..... ... K[ Z-1086 3AMrs .on C W... ...KI 2-9923 tann H L. ...K[ 2-1647 H.....-.- ..BE 7333-M L A..... ...IQ 2-1690 n Robt CG ACAC~CA (Cont'd) titer Co Kf 3-3188 Sycamore intersects ... KI 3-3188 Dale av inteesects i dr intersects 8556*Gray J J .......KI 2-2048 Hancock Robt 8561*Betts A J 8562 Bledsoe W A Mrs gg contr KI Ars.... Kl pholstr. KI .....Ki i ......K1 20341*Hoxsle R C.........Kl 2-209tl 20342a Johnson P E b Horton H 5 20351*Burbank S K........KI 2-1979 20352*Lahadny G W.......KI 2-1975 20361*Hurtado V P 20362*Knox Clem........,.KI 2-1093 20401 Acacia Egg Ranch....Kl 2-5139 Wilson R V, . , .... KI 2-5139 20406*Knox Clem Jr Mesa dr intersects -lig- ACACIA AY (Garden Grove) from Huntington Bessch blvd seat, fl north of Garden tGrove blvd Court intersects 8571*Leitner 8641 No return rear 8652 Gushard F A 11042 8671 Chichester W T.. , .Grdn Gr 732 1104'3 Lorna intersects 8691*Lewis C C 11061 Josgphine intesrsects West J A A C RL (Coxtt'd) G C......Grdn Gr 2-3776 Grove intersects alder R H..Grdn Gr 2-6621 's Sporting s ....Grdn Gr 2-4441 rJM Euclid intersects yEARev 'son J P..Grdn Gr 2-6146 mAI Mrs nhrock K A Grdn Gr 2-4586 ensen lone Mrs WFiJnYlt itlter3eet5 Conklin B M Mrs Harvey A J Brockman C E Grdn Gr 9080 Stehly J J Poluski H P No return No return bay Lols H..Grdn Gr 2078 No return I K carp 11081*RUey Alphon.....Grdn Gr 2090 11082*Upshall Veralee Mrs ..Grdn Gr 9232 H 11091*Parker Luella Mrs E II Mrs. .Grdn Gr 2229 11092 Lanyon G L.....,Grdn Gr 6667 W A.....Grdn Gs' 320 11111 Davenport tl E H C Phte intersects :er W C 11131*Wentz W B ... , , , ,Grdn Gr 491 535*Allen J W 540* Kenyon 8 F Mrs Pac[fia uttersects G55*McCabe L J........IQ 21323 660*Meskeli G H........K! 3-6410 665*Trickey B T, .. , ... , K[ 2-7733 690*Campbell J D.......KI 2-7671 Myrtle av intersects IJSTIN AV 3ront W Second south to 84.5 W Main 205 Apartments A Home Shop Appliance Repair .,,......,Kf 3-4777 Aer•ts L C........K[ 3-4777 B Nichols Roy...... , KC 2-4695 ....Kl 2-5832 235 Claus J B buses for charier .. ,...Kl 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) XORRA AVdirom 000 W First north 125 Huntsman Rae.......Kd 3-5086 133*Pyeatt G H.......,,K[ 2-7546 135*Tlties A J_.........K1 2-0272 143 Vacant 145*Davis L 5.......,.KI 3-3462 rear Bowman Harry 153*Cutler K B.........KI3-3622 155*McCullough E M Mrs KI 2-2133 163*Sprlggs D L_.......KI 2-9621 165*Mlller H A......... Ki 3-1348 173 McMullen Thos.... , . KI 3-4316( 175*Windler Fred 177*8artz R W City iimlts •Yorba av in county street EXHIBIT B OF RESOLUTION N0.4162 ATTACHMENT 3 Signed Statement provided by Robert Stephen Gaylord Goober 2S, 2a10 To whom it may concern, My name is Raberi: 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 anal with the processes it takes for a single individual to do all that. The best Chat 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 fn 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. ] 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 spellingrs) 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 a.n 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 EXHIBIT B OF RESOLUTION N0.4162 ATTACHMENT 4 Table 1: Code Compliance Issues Revised (12/14110) u Q N a v V C ca .Q E 0 U f31 O V c-I N f6 -~`~, ~~ F ~' I ` \ •I~ ~ -~P~il. ~~ ~ L 1 'I~II~~ W ~ 4 { _ C c ~ N ~ ~ N ~ Cr`~ ~ 1. ~ - .Q- ~ C Q i', ~ "_'' rn,i 'I, ~ 3 O ~ ! ~~ -` ~ LP. ~ _ _ ~ c ~, ,- . 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EXHIBIT C OF RESOLUTION NO.4'I G2 Prior staff reports and attachments from October 26, 2010 and November 9, 2010 L ITEM #2 s~ y ~ ~- ~ APPEAL HEARING :~- ~~-~~`' AGENDA REPORT 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 OfFcer 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 fihe 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 A105.1 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. to 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 (CHBC) 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 (GHBC 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): 1942, when the City of Tustin adopted the The 1946 UBC updated in 1947 in effect from June 3, 1929 until July 7, 1940 Uniform Building Code. • 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 CBG 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 WaNs 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 Permif • 1927 UBC 3305 Railings • TCC 8100 Adoption of 2007 California Building Code A105.1 - Permifs required • TCC 8100 Adoption of 2007 California Building Code 1012 Handrails -handrails required for stairways • TCC 8100 Adoption of 2007 California Building Code 1013 Guards Appeal 520 Pacific Street November 9, 2010 Page 9 Issues: • Furnace installed without required permits and does not meet clearance requirements and creates a potential fire hazard. • Exposed electrical next to unpermitted furnace which causes potential fire hazard. Code Violations: • 1927 UBC, Electrical Code, and Plumbing Code • 1927 UBC Sec. 3707 Warm Air Furnaces • 1927 UBC Sec. 3714 Other Sources of Heaf 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 require 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 IS5U@S: ~~ 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 ` ~ ~ i~ 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, 201 D Page 12 ~~ ~~ _ r~ - _j. ~~'' Issues: • Ceiling heights vary and do not meet the 7'6" height requirement Code Violations: • 1927 UBC Sec. 201 Applicafion 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 forPermif • 1927 UBC, Electrical Code, and Plumbing Cade • 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 I `~10 s 10 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 • 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) Does not appear to have proper insulation Ceiling height does not meet minimum 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, anon-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 • G~~ 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 S:1Cdd1PCREPORT120101PC Agenda Appeal 520 Pacific continued.docx ATTACHMENTA Code Compliance Issues Table with 1927 Edition Uniform Building Code Ql 7 N a, U c (O .Q O V v O U ~--I a~ H a m_ x x w f ~ ' ~ I) ~ Y •~ ~'' ~ ~ Yr 9 f ~ ~\ Q.~ .i ~ }~ ~ a ` ~.w Q ~ 'i~ l+ 1 ~, _ ~ ' '~~ T'~lh ~ ~1 .~' _~.4 ~~1', O o a •~ N fn C - N •G N~ .~ O C N E j " p ~ C~ 'a ~ l ~ ~ y C O N -O ~ ~ d N O U N N~ O ~ LLI .-+ O L ~ ¢ L ~ `~ N~ N .a N U ~ Oa -O V M .. C U. -- ~ O p NL~+ - a ~.C v- 4 d _p I--' ~ C ~' N C C "~ ~ L ~ ~ _ ~ .D 'C ~ O y O ~ U CL ~ L ~ ~ O >+ ~ w W ~ >` C ~ ~ y , 7~ N .0 U O U? 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N •C N N ~ N ro ~ G u7 •C "' ~ N ti N N N O ro ~ ~ .Q Z ~ N a, a- ~ L ro ro ro Q. d ~ ~ O N N~ ~° O o~ C acas.c ~s ~ y~ 3 oL ~- ff c c ° 3 N L ` U~ F-- N ro C~ ro o ~ ° N ~ ~ ~ ~ C O 5 ~ ~-NO ~N ro v •w p V L ~ ~.~ F- o o U m`~ ~3 NQr m ~ E~ ' 6'N N oa N c E ~ ~~U "-``" ro ° 3 m~U " m ro m ~ ~ `- ~ aN.c Qo ~ ~ ~•o-Q_. 3.E ~ m N ~'i ~~ ~•~ N~ •~`-~ a i ~ o N v, 3~ w o ~ ~ ~v.3 o m ,a ~ m~L g C~m U o ~ ~ ~ roY ~~ ~ .~ c° E o o c ~~ ~ o ~ CN oroi E c ~'m m U ~• ' ~ m a o E E rnoi. ~ ~~ o ~ ~ O "- m o~ am ro ~ N~ m ~ c ai °' ~.~•~ v m a~ ~ p ~~~ N=~ o•~ 0 3 ~ ~ U: L ~ aim o ° ~•3 rrn Q~r o ~ c s`- ° c" °•,... ~ ro - w O C ~ u ~~ N N C~ O° ~ .O °~ ro w N N~ •~ 3 •` ~ cw~rn ~' ~'cL o`~i `~~~ Qro~ ~ N~~~ ~.~ N Q° m ~ 3 `~ c a> o •C m c ° c~ U o~ ~'°-~° ~~ o o C ~ ~ U O N O N O" ~ N O E U ~ N L ~ ~ ,.C,•, Q ~ 4= N L ~~ N c _ N N ~ O ~ •-. ~ rn p_ ~ . 'O O ~ U ~ rA 7 C ~ C .O 'Q '~ !p N~ N~ }6 NL.+ °~ L '••' N~ 3 v- T O N G •C O C U U U Q C ~ N ro Q ro~ ~ O C O ro O O' of N ro -° O N L C O ~ O y ~•-. N C ro ' n rn '~ p O C C >, o = ~~ 3~.0 0 ~~,U•3 y ~ ~ o ro ~ ro N y L N (0 c o m y c ~ ~' D O VJ N = o~ c 3.3 ~ Vi N ~ ~ ro - L C N O N N ro O N~ C C C~ .~ G ~ a iU v i ¢ N~ ~ ~ N ~ a a i +-• ro c~ H ro°~ N .~ ~= ~ - " cNi °- ~~ c ~ E `~ Q3 croi ~•~ cr m E vNi ' ' ~ _ ~~5'~r- ~ m~°U N U N~u~*' m~ E aci C ~ ~ y N N L~ C E O .. _~ •G ~ O N" (AU cn ._ a3F- ~. cL 3 ro a '1 O j O m C N N O iq r~,~ 3~ L°~ U~ C~ E N O F-U. .- o.. N o. N C N M O U ~ U ~ ti ~ (d O •~w N ~-° ~ o °~ c •-° ° '~~ :~~ ~S4~-- °•~ M coin o'Qm~ ~~ ~-° fl.[OQ d v N"a aUi ° c ~ cn ~o.°m ~ ° a°i ~ aUi `~ o ro I wa cn ~cq °'Q~Er N ~ ~ .co I w~ ¢ EZ- ~ Q ~ to U ~~ ° ro m ~c-v•E Q L ~ C U c U~U o00 °o ml ro mQm~ mr-b U Q J ~ ~ U ~ °o °o m ro ~ ~orU ~ m U¢ V O N N U O ,~ N ro Q ~~ ~ N .O .0 N ~ ~ O U ~ .D O .~ ro O O O ~ ~ ~_ ~ ~ .O U ~` ~ U ~ O d' N O o . r ~ r ~ (~ op U ~ .. ( a' pa p~ O r U U r~ ~ I- N U ` p j / ~ r U V~ N U ~ ~ ro ~ N /° 3 ~ o3ocvU Z'•vc co E n ~.° '~ o ~Em ~o ~ ~ N croN• oc~o~ ~.c ~~~ ~ ca m~°4- ~. rn u~ ~Tm ~ : - ro c ~~ •~Q m.L m vro N N ~ ~ o. ~'i w cn N N O N V-' a C L C~~ D L T -p C ro ~ °'° v ° ro='3 c N'c• 3 ~ G ~ N 7 c ~ E N Na ~ a> € ~a C1 • o o U 3 3 ~+ >,'+r N ~. ~ ~. °' t' w O 4l U ° C N N N N U N V N c G o E o rsN N N>' ,c N ~L N ro-a a.~ L °• ° N~ aa~i ro o.~o aEi F- U~ Q U Q ~ ii~~•ov ~ m~.`--. w ° 3w C O ~ .. c0 U J a6eaeB anoge;iun do;s puooag Q I- 00 2 X W OJ h0 ro m ` r 1` ` 1 I~ 1 1~ ~1 C y.+ I w • w Q ti Y ca , ~ ti ,~ ~~ I ~ o N ` _ _ 3 -O N O t a a . ~ ~ :~ ~~ ~ ° E L (n I ~ A 4 ~~~ ~ _. 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W ~ ~ = 0¢ ~ r C ~ ~ W ~ Q ` r ~ Q ~ ~ U a M N' O~ O C N'~- ~O-.-a O U p U a O ~O m ~m O O ~p~'-^~ ~ U O ~~pUQ ~ = ~ U~ OOUa ~ O O U pp y U 0 O Q rUU~ U aHNU ~ ~ QON7 O O U O O O' rQ rUUf-NU c ~ C O G ~ ~ U N L .~ (6 O O N ~..~ •~ v ° t6 N O~ O a` ~ ° Q. r ~ ~ o ~ rn~ ~ ~ ~ a ~ ~ ~ ~ ° ~a ~ c ~~ n ~ ~~° ~ o ~ p ~ c m a' ~ ~ E o 3 °. - o °' m a N U- oo..:~~~. aa ~-oE ~ ° c ~ 3a ° iv ~L c cti a~ c m m o ~ ° ~' ~~c o ~j.n- a„ m m ° a o ~ ~ ° mo q> 'a ~ a a a w ~ ,N ~ ~ N.N. N ~ O C ~ .~. IC ~ 01 N o a N c0 ~ , N C ~ Q U ~. Yro.~a.~ ~a~"~ ~ ~ a~.C~=-o cLi~ `o ~ ado a3 c 0 ~ a6e~e6 ~ anoge;iun Sao;s puooag a m x W a ~o a_ ~' t ~;: .Li.~t \~ `. ~. - ti,~ , 'r _ 1~ ~J V ~' + .~ . ~ ~ .. ~~~~ _ t ' ~' . ~ ..p ~ ~ ~ ~ ~~e ~5 •I'F ~~ i'I ~'. h a ,< . ~. ~ ~ a . . ~ ,. O `~ ~ O = a 00 , • ~ u. ~ IV 'I r ~T'.- ~ .. N a ~ - ~ C w N ~ ~ N- ~ y a ~~ c o • O to C O L a n o GJ 01 p ~ N~ U N u> d 3 0 ~ o r _. U 3 ld E L-. O~~ O a f C~ U L N p tC fl. ~ O L ~ 7+ ~~ a N a v 0 ui ~ O L L cCS U n a ~ 3 ~ .~ 0 0~ ~~ u~ N w .,., ~ .. O N DA N O O (6 co ~~~ 0 OU a~ O C N ' L ~ p , ? ~ L L `" 'C U N O j •~ (ll cn N '~ C a w ~ C C 7 ) ~ C` N N C W C~ w CO v i p U ~ M 'p ' O (b U Y ~ ~ N~ C Q ,,_~, ' L L .fl 3 N 0 '3 p fl ~~ .3 A~ U D - ~. ~ Y 0 U 3 p~` r !U l4 p "" O n Q' ~ P 7 C- O O fA w n m 0 0 U n L~ U U N O . ~ m~ O d .n 00 ~~ ~ ~ m c ~ U ° ~•~ cv ~ -a« ° Q~ ° E ~ y ~ m.c 3 ~ o n~ ~ 3 ° ' °~ c O ~n.c ~ o _ w¢ 3 F- ui .~ U• ~ > _ c_ c ~ m O L v0-~ C v~ C~ L N -d ~ ~ a E" .~. a~ - U a irn C •C (d C~ O d a ~ 7~ r ~ ~ ~ o 0 .~+' ~ -p U .~'' ~ ;~ o n~ O ~ E ~ O ~~,~a ~ m N~ O N a ~ ~~ Q~ aJ C N 0 ~ E pL ~~ c °in ~•E f~ -p y a .O w N N~ •rA 9 a a~ O'to o c O~~~ O ~~ V 0 (0 C~ O ~7 U C H ~ Y V n yL--' 3 O O O O ~ N ~ N N C~ O C~ N «f N d_ O C N 7 '- L U 0 N `- ~ 0 N . .~ >_. ~ n O N C fl- ~ ~ w V f9 C ~ ~ ' ~~ O~ ~~ N .` tb N . C ~ ~ ~ O d t -O .~ N O N N w O o ~' ~ w~ '~ a'' c 3Y N 7 N O O~ L N •~ •C ~ ~ ~ ,~, O N ~- C N -g cc c n~ v ° • D) O .C ~ '~ ~ to ~ ° ~; ~tl a o N in 3 ~ w C (0 O) p 0 CO N O U ~ N o o c . a ~ E~w (iS p L 3 L 0 ~ ~ L C~ N tiJ ~ Q' O _ .O .~ 0 ~-"' v L N rn ~ nL-' O~ o ~ ~ U J O ., m 0 O C C O T •C p C 6~ N 3~ . 3 ~ ~ Q (0 ~ '~ U '~ n p c ' N ~-~ ~ . ~ rn , c a o ~ ~ " w ~ c }L ~'ca o ac °~ aai`~ E S ~ ~ ~ ~ n ~ v ~ o ~ 3 ~ n (0 ~ -°ol?,o m,~ aN•N ~ p a~ ~•` rn ~ ~ ~ '~ ~ ° ~ ~ ~.S ~^ ~"' . O'~-p c22o ~•~ ~ °,v cC7 ~ ~ U~ 7 C ~ N •~ ~ d N~ ~~ m o ~ o °3 c c_ c m.~ ~ V 0 (6 tq fA n U ~ N C L ~ L rn o0 0.°o m `- C N n~~ N (6 i0 fy6 O>~~~~ 0 0 L L.O QN.DO. ~ .. U1Z U C .._. p C t ~ C O f6 "= C •C CnU tp 7H CL 3 N 3 L m~ Y N E Ha (0 C- -- O +.~ N~u> Qma 'ama ~ ~am~ ca c cn j m ~ ~ m o~ ~ : ~ 'ra' m m ~ ~ o- cNn o ~ n~ o ~.c r m '~ : :«~ o V m N V ~ O , I o , ~ o o • O O M a` r a L Z o' a E U M Q ~ ~ Q O~ Q ._. 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Q Otn U O U C O"= O m wm O (pra V ~ V~ ~ U r C ~~ ~~~ •~ C ~ v ~ V~ ~ O ._ N U 1._ Cp ti~ ~ C ~^~ N~ U N 0 U O O U a 4 ~ ~ V~ OO U Q ~U N 4 N '00 '00 U p '~ N QN O O W Q O +-y O f0 N ~ ~ Q N N C 0= O Q~ +r L m O N N tq (0 v~ --[[ fnU oU'aUcn ~UVJaO b., O q p~ O O U O O O ~QrUUh-NU ~ r N~ ~ ~ . c 0 0 -o ~- o y c~ ~ O ~ v v~ c v v a ~'c x~ v o~ o v• r `~ o~ v cn E m °° v -o a t 'a v c~c-~ ~ c, ~ • 'C • to O> ~ O U ~ ~• O f0 L (0 a p ~ ~ O fl- U Y m E ~ C O) l6 R1 >,'~ N C O O U ~ (6 G > "O f0 _ _O W 4T 07 . -p ,~ ~ 7 Q N ~~ Q fl. C U~ ~ N C L x .!n ~ O .p W U E ~ w N Q~ j y C - 0 O N U. N O N 'p y m N O~ C tq ~ •~ N v >+ ~ O v .C ~~ v N C VJ >' O_ m O to (0 N~ c6 'C ~ Ql L f0 d~ Q ~ U 7 0~ 0 •tn ~ ~ nQ~ `v Q QL O~ O 7 4= C N rn C N l0 '-' C n7.o ? nc~. ~ o~ m c Qv.~ ~v y~ ~~ p O. 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E `~ 'O O ~ ~ r u~ m Z7 C ~~ ~~ •~ Q ~ ~ ~ Q O U r ro ro Q~ ~ .~Q -0 C N O L ~7 O W N t N mL .~.. ~ '~ 0 j ~ N ~ to 'C ~ .Q ~' +~' ~ C ~•- .~ - O - 7 W Q ~ G cLrom'~c3~~>c~ .~ ~' o °'p o c ~r o;rn~ O C - cv~v~~ ~.~•~ pia Cl ~ ei f0 ~. C O_C TN O O U ~p ~ ~ V1 to 'p O ~~ a C ro N roc N VJ 6 w Q.N ~ C O O ~ m U ~~ ro~ ~ ~ „ ro ~~~ ~ cs o~ ro a~ ~'~~-p ina~c4ivn>.-.V ro ° °~ 3 upi ~a~Ec v~ ~ o . n ~ = ~ c° 3 m c°~ m U in ~ Q. ° N _ N ~ ~ ~ _ ~ ' O O V t0 ~ `~0 ~ t0 (6 ~ ~ ~ N C] U~~ N w E .C cl7 ~ y ~ ~ O ~ ~ N O 'V U~ U .O V U~ rn~ •~ ro O U 7 a~~ araa~~m o~ a~oa~"' rom'~c~Um a~ cn a w. cn ~ cn .c E ~ rn -° m cn c cn .~ Q- U ~ ~~, r ~ ~ ~ m .~ °' a ~ R w v v~Ua rnro.5 c ~ m o~m ~ c~ `6 E ~ aro ~~ ~ ~ U oU c c m::m p o °~~ c ~ ~,o U.c m ~ U ~ ~~ v ~° as xN api ° 0 r'~r~w:"~ ~ c ~ v~Y'~•~ ~ X00 C X 0 O~ (~0 ~ ro N~ rON U Ct ~ ~'a V' ~ 4~ ~ N f 6 N Q. ' j O W N Q rJ~2-p d U ~ ~O N Nr . r ~ t . U ~ y0 ~ .C a ~ ~ O C b o C ro Q1 ~ ro~ ,C N C ~~ O O ~~ O E H °~Lm ~ ~-o c ~ Q.~ ~ a w s ° rnm saw Q N .... ~ ro . c ~ N ~ .~ ~~ h 'D ~ (~0 ~ ~ O ro y N ~ ~ ' Ql t ~ ~ +. O c~~ y v ~ HL m v~is C <n E UmE C : : . ~ ro ;dun lei;uapisa~ ~eaa (pay~a}ap) woos uo~;ea.ioaa Q H m X w a tuD rr3 0. a ATTACHMENT 6 January 7, 1929, Notice of Completion Raoorded at request of Orentea for-;, 192E at 30 ili.n. Daeb 6 A.11., In Dook 216 ftig~~ •~ 61, Ottiaial Aooorda of Orange Oounby. Justine ^hitney, Oounty Reoordsr. Ruby Oamsron, D~rpt1 Adele Luca CWITARET+ tins Ooaliits 35a5~ conrroAASloa ORA1T DEED eAliL OT IYALT sATIOMAL 4R08T AYD BAVIMW A8900IATIOA, a nabional banking ssaooiabiotie in ooaeideratlon of Tsn end no/100 Dollars, to 1t in ha1W paid, Lhr rroslpt of whi0h la hoxrby aoknowlsdged, doer haraby grant to OLOAO= OA7LOAD and ALIOS N. dAYI,011D, husband sad wife, M point tonantr, with right of surrlnrrhip, ell that rral pswpersy aituatad is the Oouaty of Orange, State of Osliforn3e, desoribed as follora; That portion of Lot aYa of Lha Stafford 6 Tustin Traot, as shorn on a wan reaosdsdHn Boot 2, page 61E of Yisoellsaeaua Reoasda of Los Angeles Ommty, Oaliforaia, deaarihed es beginning at a point On the lroat line of ssld Lot, 410 iseb South of trio Kozth*aat aorner of said Lot; rurwiag thenoe South along the lest lino of said Lob 50 foot; Wonor Eaet parallel bo brie Borth line of said Lot, 200 feat; theme Ilorth parallel to the pa et line of said Lot, *j0 feat; throne peat parallel to thr North lino Ot said Lot, 200 felt to the point of beglnaia As an appurtenanos to the above daaoribed property a right of wsq fez ingroas sad agreae sad for gas and waterpipe linos and far aleatris light polsr and rrlrea over trio follow- ing deaoribad postioa of Lot sYs of gtaf_*ord ~ Tustin tsaot, ne ahom oa n Ymp reoordad in Boor 2, paEe 61E Of Ylacellansous Aeaorde of Loe Angeler Oounty, Oalttornin, deaoTibsd atr beginning at a point op the ;Iprth line of anid Lot sPr, 196.56 feet *eat of brie yorthearL corner of anid Lot, running shsnae $outharly pnrsllel to the heat lino of said Lot, 666.97 snot to a mint on the South 13nr of add Lot, whlah point Ss 200.61 test seat of the Boubh- cast oornerof anid Lot; bhenoo peat nlong the Booth line pf anid Lot, EO fast, sore or lase, to n point on refd South line, which le 200 feet Last Of the 8aubhweas corner of said Lot= theme kortha:ly along • lino parallel to sad 200 feet osoh of she peat line of raid Lab, 667.02 feet, to a point on the North llnr of anid Lot; thence Le•^t 60 feet, igare or lna, to the oolnt of beginning, This aonveysnoe is aadr upon the tollowing espreserd oondit3onr; irt. That no portion of raid property shall be as any time lerasd to or ocoupie4 by a meatier of any rape other then the Cauoasinn rnao, lie:faana not pernitted, , Znd. That no atrnOt,lie shall be ereotud upon said property oraeps a dwolling house for tae habitation of human beings and the ordinary outbuildingr uruallT oottstruotsd for use ot'sald property as a d*elling plane. jr1. Shat no dwelling or etruC;ure for use ee n Qwelling shall be erected rhiah shell cost lase than Sj000.00. 4th. Thnk no 4we111ng or structure shall be ereotedpa Bald lot, the front parb of whlah Sa nenxer the irons line of said property than twenby feet. All of trio fosegoiag conditions ors dsolsuced bo be eovonanb^ running with the land sad the same are wade for the benefit of the reaalning property In the euhdivi~ion of rhioh raid property 1a a part, and So the sTeas of a violation of any 'of anid oovsaantr or aonditloaa, then the title to said property shell rerert to brie Orantol. Ifith reaervatlon across said prapsrty fox enter pipe line for irrigating adjoiaiag laadr. TO HA4L 1N TD BOLD to tae said grantees, as ~o1et teaaat^ with right of surrivoxahip. fl 1 .. ~( 7 ~~~ ~~ / .'k, ~f, ~:-.t: ~ !~F'M!I,~il~*!-ra,, •~~')"T ,,.^ , ,ry y.~,,. ...."PM3M F'^Al""'ixc ds+-.:'c~an+Ri~kaIIl IX~~ ,,, > `,, a '" I l~: s r ,~.~. I8 TrITYLdS 9DDZASOr, thr 9ARL Or IT~LT rATIONAL TRCBT Aso [AT1sOS '~'jj;pls~iy~g~;~ ~, ~ < hereunto caused !ts aorposate acme to bo eigaed by its riorkrseldenk and ~esis~#'i3~ ° `; ~ Oifiosr, thereunto duly sntharise4 by rssolutloo of it4 fosrd of Direotoss, thi^ ~!1-: ~ dsy of Cotober, 19~. eawx or Irwr aArlonw TRU81' Aim sA-sxas ~a~~t~i ~ 8Y 0. L. Cotant -foe-President. :` ~~` ~~ ~ Aad R. D. roller Assistant ?rust Oifib~>* ~ 9tnte of CaliTOrala 2) ~ Oaunty of Orange, )se. ' On this 16th dqy of October, 1928, before ms, It;s. 't+gitl2~R a 8otary publlo la and for said Oaenty end etata, rssiditi~ therein, duly cpaoiesipned end sworn, porgonallr appeared 0, L. Ootarit, kao~i to ee tb bs ' the pion-prealdent, sod~n, Ii, roller, Lnorm to as W bs the ,{aslatant Trust Oifioer, of ~tb corporation deeoribad. in and that euauted the ri9hia instrument, end knosn to ae to be the pcrecna rho e:teeuted the within instrument oo behest of the corporation therein named, sad aok.^.orledged to as that ruoh aorporotion ausoutad the soma, I>1 7I?KY88 Ai?JiTOT, 7 have hereunto set a6' bend and affixed my cifioial •ra1, the d and gear 1n thir Oartiiioate first nbova written. f(3sw)) A. i; salaAestl )TOtary PuDlio in and foe said Oou::ty and 8tadq. riled for Raoord at the regw et o! Orantae I-ov-j, 19Ztl ub 30 ilia. peat 9 o'olpok tai: and Reoordad in Hook 2if>, rage g6, of Oftioidl Reoordr, Orange Dountr, Oslitoiaia. Justine ibitney, Aroorder, Sy Ruby Osmeroa, Deputy. Adele Luts OO.YAARPD lira Ooalif:• I 33x55 I QORPORATIOl1 QRAit1' DsP.D TITLS OUARAYTES ANO TA08T OpYpA1l, a Oorporetion organised undor She laws Ot the S;eta of Oalitarnia, and having its prinolpel piaoa of business in the Qity of Loa ~agelee, Oowtty of Los Angeles, State of Oslifornia, la oonsldQrntion of Ten Dollars ~~LO,OOy to it in hand paid, the receipt of which 3s bereby~soknorledgad, does hereby 6AART TO1 RALPH p, tiA9EI:7 and IAIYL i1ABx3"t, huebaad and rife, ae ]oint tenants, all that real prOpertY situate la the Oouaty of orange, State of Oaiifornin, aril pnrtloularly described ne follore~ ' j 4ot Trent~eigbt (YG) of lxaat so, 747, ae per i4ap rooorded in Hook 22, Psg• 29 of tliapelleneoua Yaps, Records of Orange Oounty, Oallfornia, in the oftioe of the Oountr Raooffirr of sold Oounty. i 8ub]eot to DondiLione, Aeetriotlona, Aeeervatione and Rights of fay ot'RSOOrd, Reserving an eeaemeat over the rear throe fast of said promises fo; poise sad ltns^ iur the dietrlbution a! eleotrioal energy, ewd other public w;silty lines. I i ' I 8ubjeat to twee for the fiscal year 192E-E9, ' +. Sub]eot to Ooua;y liens and AaseusHats, if anr. i Provided, porevrr, that this ooovoysnoe Se cede and accepted upon each of the follorli oonditiona, which shall apply to and be bind±og upon the Orenteea, their heirs, dsvis-re, ' e:aoutorq, aGlliaiatrntozs and assigaa; Trrst} That acid pros! u• rbali not be eoid, eonroyed, Ieasad or rented to, 4r oaeul b! aAr person of African, Mexloaa or Iriatlo 0.seoea;, 8eooadt That said~rsmiaes shall bs used for rasideaoa purpope oo1Y, sad in the evrn~ ouch Durposea shall b• desisnated a• rrsl6enoa oees such '~ ~rP a Purpoer• ebali' ba ooasis~is~. ;~ ~'r o LHOmrad tm^ 3ra any or July, L.n. 1929. s"` " `,~`' the -xedus Ober ed !or thin Hond Judge o! the ltuvarior Court o! the Ooupt) 0! } S 130 t 00 f i~ ,S.'.„ '~'~~,~~~, . a ox a are. „~' ' nrenea, 8tat• or Oalifornia. ~ a Hteta of Oaliiornia, sa '; )) . ':~_^ , :'~~t;~: Owpty of iaalingelae. ) Oo this 2nd c.v ,~C July, is the Yves Oas,thouaaad Dina ~9 ,;, ,.. ';` . and twenty-afar, eerora ea, H, 8. Redpsih, a xotary yubllp,' iq 'u ' ' ~' and fox raid Oonnty, reeldin6 therein, duly ovawd.uioped and awora, pereopelly appeared ~ , ~ ~ ,i:' C. L. Cola, known to ae to W the osreon ^boaa nave le subaoribad to the rithln ana ^pne:ad r .a ipatluaent, as the Litorhey is trot of the Royal Indao.ity Oowpany, end nataowladQad t0 na , that he aubaoribsd the area of the Royal Ipdsarolty Coepasy thereto a• rarely end hlj owp.aat~a ea Lttorney in trot. Ix xiT1t88 r~l~or, Y Lave hereunto sat ay Mad and affixed ay official anal, at ay oflloe, to enSd 0ounty or +va LbaaLa, the day sad ynr Teat above written. ((HCLL)~ B. H. Redpsth iotsr7r Pubilo, in and for aid dovaty of Loe Lngelee, 9tata of California. Wy Odaadeaioa sxoirss Lug. Etl, 1932. ' 8tat• o! Callforaia, ^a. Qaupt9 0! oreags, ]]] . I do eolsaaly aweer (or nifira) that I will support the Constitutloap! the Qnitad ' 8tetee, ecd the Oonetitutiop of tee Stets of Oelifornie, end that I will falthfUlly diaohsrga ' the duties of ifotary Poblio in end for !hs said Bounty eaoording tokhe usat ;f n nbllily. ~~ Hen S. Patton. 8ubaoMbsd and sworn to before se, thle 3rd day of July, L.D. 1929. ((OWR! 9LL?) J. Y. Haot• 0ouat7 Clerk Ey A. L. liitohaook Deputy. riled Jul 3,i924.J. u. Hooks, Coupty blerk. BY H. Deputy. Racordgd nt regVOat of Ben H.Pebton, Jul 3, 1929, nt 53 ilia. vast 10 a.M. In Hook 290, Page 311 Offtaial Reoosds of orange Oounty. Juatlns Dhitaey,Couaiy Rooordar. te.hoy Heiaalbaloh Denuty. 33aa Oonllffe oOYPLRID Adala Lute 2oi~s0 ~rorlce ey ooi~Lellox ~ 9lATI ']y DLLIlORlQL, cavxly or auROS, j ae' 6EOROL 6LYLORD and LLICi 8. 6ATLORp, husband end .ire, being tint duly awora; deoosa and reyl that they era nor, end were upon the 7th day of January, 1929. the owasra fa tea aianl of that eertaia seal vxopsrey situated !n the oily of lwtip, County of Orange, 91et• o! Calitoroia, and pertioulerly deaeribed s^ follows, to-witi That oor~ion or LOt •~ of the '9taftosd and 'hutip !note, s• shorn on a i[aD saoordhd ,. in Host 2, ?agae Gltl end 619 of iliaaalL naaaL Raoorda of iA• Lngalaa Oouaty, Da1Lloraia. 4~aori ae }~ginnin^ at a eaiat on the xaat iia• of aria Lot 410 fees south of she lorthwaH aornijr~ot running veld LOt;~tbeaaa 90ntt along the xest line of aei4 LOt 9D legit: tbenoe tact parallel lo.,tiia Aarth lire of wld !at 200 fast; thenw Earth parallel to the Reat lior .f ^atd Lot ~f0f~at= thenw weal parallel Lo the !Drib lira of •aid Lot 2D0'~fw1 to the point of begianis~.. '~~" ~~ ~`~~ .,~, ~ THAT as soon owners of add land, atfienta, about ihs 7th day of January,lyty,' 6' oonreaoad the ereatloa and ooaetruatlm, upon the lead aba~a dasoribed, of oerttin btlilt to-rlit A drellingbnuae and gsrago. - ~ ~ TBAT Said ta-ildiage sera Deaa duly ooaatrunted. end fha apes wro aalnallT w^p' ~ op !ne 3rd day of July, 1~, and nooep#ad bT tba uaderaigned on tbs ~M day. ?HI8 .totioe !^ gitea i6 nusaueaoe of tba~provialaaa of geotioq 13A~ of Lbe code Cisll Prooadure of thi^ Btala. f Geozge Oay].osd ' Alfa. H. oaTloid ~ 3IID80RI1lCD AdD 611083 to before ws ibis 3rd daT of Ju1T,1979• ((BOLA) T. L, Andrews 3otesy Publfo 1 i ' In and for acid poualy end Zatsta. r j State of On2lfornia, ) ee. Oaunly o! Orange, ) George Deylord end Aline H. Daylord, being brat duly sworn, dspoea aai wT, 41ut they are kpe owoere ~ the nropestT deenribad in i:,e iorsgolaE notice; tbat they haze seed tlY ~ papa ead know the atiatent^ thereof, end that tno ssne !a true of their own~tnowledge: ~ Osorgv Gaylord I j Alloe 8. OeTlord ' 8Dg8Q[IIBwD A3D BwOR3 ko before ae tbi^ 3rd der M Jul7r 19e9• ((8OL)) y. L. Acdrew^ Notary Publlo I . is and tor~wid OaantT and State, Aeaorded ^t raWaat of O+moY Jul 3,1929. et 55 na.peat 10 A.Y. in Hoot 2qD, lags 312 Ottioial Aeoorda of Orange Dourity, J1latias wRitiney, QouatT Asaordes. 3snay Reareln.ioi+, ~, Deputy. , llas Oon113tr ODY?AHgD Ads le Lut^ - - - a 0 a - _ _ .• j 2071!1 9enta Ana, tlalltorala, July 2, 1929• TRe Hoard net in regular eeaelan. Prarent Suner~l^or wlllerd Sreitb, Dbalraea, 0. 1<. Onepnen, JOnn tl. Yitoball, 11r. eahuseahar, 6eorgo JttiraT end !ha Olart. In Rat Deed of Righk of wy, i On aocian at Buoexwiaor Ohepmen, duly ssooaded sad oarrled, Deed for Highk of way trop The Irtina tlomoeny, a Oorporstlon, !n tba Taurth Road Dl^triat, ^ae ^7osptad and de0larad s oublio hiaRwsy, ^hiob acid road Se rora u rtim Lrly draoribed ea tollowe, ko-wltt A ^irlp of land elrty (60) feet In rSdtR etd be1t~ thirty (3D) fact oa ^aon ^1de o! !ne following daeorlbed center 11ae1 'Hsgionlnft e! L't~gleeer~a Stailon 139-'~•SZ of the! aarialo nubile hiRhxay ooercm>,j tao^a as Oouat7 Part Rnd ea laid put end leprond bf Orange OountT Sa 1921 end 1922, ead rupnlag thnbee Sror acid point of bcginni~, 3, 26 deg. 14t w., 1423.00 feet to the beginning ai a purrs kangant haalalt a radio. of 2000 feet ead being aanaare laateriy;•kheooe, wortharly, along Bald aura tbzaush a asntrel angle of 3 deg. 55'. 136.72 feat to • line teaganl; tbaaea 3. 22 des. 2Y' *., eloaE ^a!d tangeo! lice, 168.3't tees to en lnteraeation filth !he•11pxt~ ye^t^rly 11ae o! Trains'. 8ubeiKiaion u ^howa on a Yea tharsoi recorded to Hoot 1, ?ale /!!, lliaoellaaeoue Record Papa, Rsoorda of Or^aga OounlT, Dalifornia.. At tM iaheseeotioti Ri kha !lace of thta rfgbt-of-ray witb thoa• of Oaunty Park Hood, the oosnars ase to,ba a4t uelo~' the radii ee aROwn on !4e aQaoroanylag Ya~p.e ~ •',n. ;K~~` 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 Pacitc 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 atliletic community for over S 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 TD 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 n nning 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 na 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 30`~ I went down to speak with Justina regarding the initial site plans I had submitted for the CUP. She explained the changes that needed to be done and other documents that needed to be submitted as well. I expressed my concern regarding spending money on the CUP applications, making all these changes, and still getting turned down for the CUP. I do not have that kind of money. I asked her regarding the California Historical Building Code and when did the city recognize the units were built and she explained that it might be better to talk with Henry (Building Official) and Dennis (Principal Engineer) at the building department and gave me their cards. I went over and spoke with Dennis and Henry who were very friendly and helpfiil and they suggested they come out to the house, not for an inpection but to give their opinion on when the house was built. They said they would call me soon for a time to meet at the house. On September 10, I received a call from Justina saying that they would be at the house in an hour. I asked who was coming out and she said Dennis, Henry, Elizabeth, and herself. I expressed my strong concern with Elizabeth coming out because of our disagreements in the past. I asked specifically what they were coming out for and she reassured me that it was to observe the units to determine when they were built and not a code inspection. With some reluctance and showing some good faith I met them at the house. Dennis, Elizabeth, and Justina met me at the home. Henry, who was the one person who I wanted and who suggested the meeting, was not there. They went through the units and we briefly discussed the age of the units but they did not give me any specifics. I wanted Dennis to give me his thoughts on when he thought the units were built, since that was the purpose of the meeting, and he said he would get back to me. On Wednesday September 15`r', 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 20'x, 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 pernuts 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 aze 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 str.~cture is deemed historical on the survey and has no permits, what is it legally? APPEAL OF CODE VIOLATIONS In regazds 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 beine 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 aze they? I pulled permits on homes (not guest houses) along main street in ald 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 properly existed prior to this ordinance. According to Tustin City Code 9273 (a) of that same chapter: Non-Conforming Structures and Uses: re ations specified by this Chanter 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 particulaz district in which the land or building is located. (Ord. No. 157, Sec.5.1) 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 whale situation is that I have met a lot of nice people in the neighborhood anal 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 aze 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 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 neaz 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. l:n 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 gazage was built by my father roughly between 1945 and 1950. ] 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 ofmulti-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 BUII.,DING CODE The following is a copy of the purpose of the California Historical Building Code which the city of Tustin adopted in 2007. Section 5-101.2 Purg~ose. 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 ar 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 yr surveys of historical or architecturally significant sites, places or lndmazks. 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. 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. CHBC Section &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 wets 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 strictures and make sure they are safe and I have done both. SITUATIONS SIlVIILAR TO MIlVE 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 Rl 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 vrigioal 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 Cade 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 thank the commission for your time and consideration. I am not trying to get away with anything or build anything without permits. All I am asking for is the city to do what they have done with other properties similar to mine, to follow code 9273, and to recognize the structures as nonconforming. I am asking the planning commission for help and to see that the code violations have not been accurately applied to my property and to simply recognize the structures as nonconforming as the city has appropriately done in the past. .P 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 '/z, 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, ar disaster, the city would allow the guest houses to be rebuilt. Attached are documents from the county tax assessors otFice showing the guest houses have been here long before we purchased the properly. 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-b886 Community Development Department TU S T I N August 4, 2010 ~J Brett Fairbanks ~ 7 520 Pacific Street ~+ Tustin, CA 9270 H15TORY BUILDING OUR FUTURE SUBJECT: ZONING CONFIRMATION FOR 520 PACIFIC STREET 1-IGNORING OUR PAST Dear Mr. Fairbanks: Thank you for your letter, received July 27, 2010, requesting zoning confirmation for the property located at 520 Pacific Street. In your letter, you indicated that the property has a single family residence in the front with two guest homes in the back. You have also included copies of tax assessor information related to your property for the City`s review. In the event of a fire, earthquake, or disaster, you inquired if the City would allow the guest houses to be rebuilt. The subject property is zoned as Single Family Residential (R-1) and located within the Cultural Resources Overlay (CR) District. Accessory buildings used as guest rooms are allowed as conditionally permitted uses within the R-1 zoning district, provided that no cooking facilities are installed or maintained. A guest house is defined in the Tustin City Code as detached living quarters of a permanent type of construction and without kitchens or cooking facilities and where no compensation in any form is received or paid. No permits exist for guest houses at the subject property and no conditional use permit is on file to establish guest houses at the subject property. In your letter you indicated that there are two addresses at the subject property, 520 and 520 '/z Pacific Street. The City has not assigned a Yz 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 oon~tructed U.ithout 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 ~ P: (714) 573-3100 F: (714) 573-3113 • www.tustinca.org Community Development Department 5e:r# by first glass mail August 13. 2010 Bret S. Fairbanks 520 Pacif±c Street Tustin, CA 92780-4329 SJFJECT: 520 PACIFIC STREET APN # 401-371-G7 Dear Mr. Fairbanks: TUSTIN Or• August 4, 2G10, you were advised by City staff that no permits exist nor your twa guess oases 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 rrle at (7 ; 4) 573-3 i 35 by no later than Tuesday August 24, 2010 tc schedule an onsite inspection of your property. Ti~an~c you in advance for your cooperation. ~irtcereiy, Br d Steen Code Enforcement Officer r",ttachmept: Letter, dated August 4, 2010 Cc' Amy Thomas, Senior Planner/Code Enforcement Supervisor 300 Centennial Way, 1-ustin, CA 927$0 • P: (71~) 573-310D • F: (7t4) 573-3113 • www.tustinca.c~r~ BUILDING OUR FUTURE HONORING OUR PAST Community Development Department Sen# 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 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 athomasC~tustinca.org on (or) before Tuesday September 7, 2010 with an update on your pending submittal. Once again, thank you for your continued cooperation. Sincerely, au Staera 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 927$0 • P: (714j 573-3100 • F: (714) 573-3t l3 • www.tustinca.org 6UILDING OUR FUTURE HONORING OUR PAST Community Development Department ent via first class and certified mail September 1fi, 2010 Bret S. Fairbanks 520 Pacific Street Tustin, CA 92780-4329 Tus-ri~r 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 V 10-0312 Thank you for•meet~ng 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 followinst by no later than Friday. October 29: 2010: 1) Submit a complete CUP application with the appropriate plans and all other necessary entitlement applications to the Planning and Building Division for the two guest houses and the two detached structures within the rear yard. _ 300 Centennial Way, Tustin. CA 92780 • P: (714) 573-3100 • F: (714) 573-3113 • www.tustinca.or~ BUILDING C?UR FUTURE FIONOItdNG OUA PAST Notice and Order at 520 Pacific Street September 16, 2010 Case ~ 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 Pacifrc Street. You (or) any person having any record title or legal interest in the property may request consideration of this Notice and Order or any action of the enforcement within ten calendar days from the date of service of this Notice and Order. All appeals shall be made in writing. Failure to comply with this notice within the time limit specified above may result in (1) the issuance of an administrative citation pursuant to Tustin City Code 1162(x) {reference Exhibit A attached hereto for further information), and/or (2) all necessary work being completed by City personnel or private contractor, with all abatement costs being billed against you and/or assessed against the property and/or (3) the referral of this matter to our City Attorney for further legal action. Please note that the disposal of any material involved in public nuisances shall be carried forth in a legal manner. Additionally, this notice and order will be recorded against the property in the Office of the County Recorder. If you need further clarification or assistance with this matter, please contact me directly at (714) 573-3135. 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 arxf Order et 520 Pacific Strut Septernber 16. 2010 Case iY 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. Community Development Department EXHIBIT A Administrative Citation Process 1'USTIN In accordance with Tustin City Code (TCC) 1182(d)~ fines may be assessed by means of an administrative citation ae foliaws: 51J0.00 for a first :~iolaNon; 5200.00 for a second violation of the same ordinance or permit withM one year of the first violation; ar 5500.00 for a third ar any further vblatlon of the same ordlnar~ce or pemnit within one year of the first violatfon: Building and Safety Code (TCC Sec. 8100 - 8999) violations may be assessed at 5100.00 for a first violstbn; 3500.00 for a second violation of the same ordinance or permit within one year of the first violation; or 51,000.00 for a third or any further violation of the cams ordinance or permit within ans year d the first violation. The City may also take further legal action irlduding issuing the responsible person(s) a uiminal citation and/or abating the violatlon(s) with the cost d such abatement and/or prosecution assessed against the responsible person(s), the property awner(s)~ and/or the property as a lien. Should an administrative citation be issued, the responsible person has ten (10) days from the date d the administratlve citatlon to pay the caRasPatdlnA fine(s). Additlonaily~ the responsible person must take one of the followirp adione to avoid additional penaftbs prior to the compliance date specified in the administrathro citation: ' 1) Correa the violation pay the comesponding fine(s). and contact the City to request a ro- inspection, or 2) Pay tl» comesponding fine(s) and request an extension of time in writing pursuant to TCC 1185(b)~ which shown a roasonable hardship; or 3) Request a hearing to appeal th• administrative citation pursuant to TCC 1168 within ten (10} days from the date of the administrathrs t~tatlon. together with an advanced deposit d th~ corresponding fine(s). Request for Hearing forms and other information on Administrative Citations may bs obtained on the City's wsbsibe at www.tustlnca.oro. BUILDING OUA F1JT[JR8 HONaRING OUR PAST September 22, 2010 Brad Steen, Code Enforcement officer Community Development Department City of Tustin 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 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 TUST[N 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 athomasCc~tustinca.org. Sincerely, Amy Thomas, AICP Senior Planner cc: Y. Henry Huang, Building Official File 300 Centennial V(/ay, Tustin, CA 92780 • P: (714) 573-3100 • F: {714) 573-31 13 • www.tustinca.org BUILDING OUR FUTURE HONORING OUR FAST 1~Y 4 G ~ +~ z~.:; ~G CITY OF TUSTIN OFFICIAL NOTICE OF PUBLIC HEARING Appeal of Notice and Order at 520 Pacific Street, Tustin, Califomia 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 Gommission and the Planning Commission acting in its capacity as the Board of Appeals (per Section 8101 of the TCC) of the City of Tustin, Califomia, will conduct a public hearing on October 26, 2010, at 7:00 p.m. in the Council Chambers, 300 Centennial Way, Tustin, Califomia, 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) sNatea 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 Califomia 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 properly due to the present violation of the following Building Code section: 1. Califonnia 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-i) -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 Deparlment and is available for publ"ic inspection at City Hall. Anyone interested in the information above may call the Community Development Department at (714) 573-3126. Pamela Stoker News_ October 14 if you require special accommodations, please contact Tustin City Hall, 300 Centennial Way, Tustin 92780 794-573-3000 ~_o`` ~ ADDRESS: 52D PACIFIC ST HATE: 29 STYLE: CALIFORNIA BUNGALOW SOURCE: RATING: T C ALTERATIONS: ' F HISTORICAL DISTRICT: YE5 COMMENT: DESCRIPTION: The single-storied house at 520 is topped with a front facing gabled roof sad 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 [hat the roof is not original. Narxow clapboard siding covers the first floor exterior. Sgttaze posts, resting on tapczcd 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 arc 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 clapboazd-clad gazage are located on the south side, behind the house. The garage, which appeazs to be original, is tapped 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 Maxple. He was the son of Richazd and Edna Marple, fruit growers, who owned an orchazd on this property from 1903 until the property passed to Harry in 1924. He dedica[ed a strip down the centez, liom Main to Sizth Streets, for the extension of Pacific Street. He sold this lot to George Gaylord in 1929. The Gaylords received a completion aotice on their home that same year. George was a weIl-liked wood shop and physical education instructor at the Tustin Grammer School for several yeazs. 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HN M ~ _ . f 7 ~. -UNLfC [[~rlcss 1 G 9 ~~. LJ u.~e cA t•1 ANA 1R1rOME WI fE ~--~'n I L E. E_ Y. UNIT ANE.T. -' }I I E+' ....-. -.... _ CONCLl1110N 17L Ebi T. /. VAUIfi `i ... _ ...~-__ A ~.j J T MM' LAS ~ 2 ~~ ~,~ ~` i ' LATE 17N A iDTAt IRC. E.C IT tt nN:. IRD1Cily UN NyLr, `~" ~ .^- jN.l, p+n,IG. Tree. Nwnh+r s `I ..._ - 1 d r1t11soMA1. ~1Y YAti~ ~ICAT011 ~~.. V ~ tR1 ono F[EN. Ems. FfE Nr I! WII • IRgC _ ~ "- ew- DYea N1~~eE ril~ Nv _ t • , ~ x ~ ; Tyr 17M i i _.. .~ .. ~.- _.. ' CELL l _ T9 A.P. ~ %~-~ /-.j j /- '-"./ UIRT llOOil DETAIL ~ 7t AID! _,1.pF __ LR~ OIN BR RtT BA WC L1.4 I TVB n I OW RO d0 FAM _ - - -- - ' -_ ~... _._~_ _ -+.-'. 7t 6YKOVEi NO. I - --'-- --~- I _ .~-...__~ - 711 PLAN NO. A C DESt7i1rT10M EJCTM COi<T DlTAR » cowl DATE iAT COOL REYARKt ITFy NO. UNIT _. - _ 1 ~ .._ .. CpOE _ _ 1__ ~OlT M CFFEC I4! T!M I -. -_~._._~_~ i _ it DIPIICCIATION TYPE ' (~- -. 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' - . ~ _ ._._ . ~ -. .. ' - .. t . ... ; ..: _. ~1-. t .. 1 _ b1 - _ FLOOR % ~ I i ' .-.. ..'_ __ .-_ . ~«. _ . fpt __ NO. Of UNITi I _ _ .._.. - i ~ ~ _ _ -. t01 FLOOII %.. _ _ _ ~ ~ -.-._=.._.. ~. _ ~-I _.__ _.__ ._.t-' ~._.~___. ~__._ -.... ..~ ~ ~ ~- ^ I~7 _-.~ _..__. PL UREA -~ 1 _ 1 1 ~ r ~ ~ - _ 1 .._ - ~. ,0] Np. OF UNIT? I .~ ,___ .~.I.~ ' '-_.. ..., ., . ...y . .~ __ : .t iM _ TOT PORCH i -r -~__.._ ~ ± _..~_.- _.___ _ __ _ ~ .. r .. ... 1 1a A.c EMT rEY No -- _-. _ _ .. _ ...1 - _ ' - . ~ ..~r_._.-.~,...__ }-« ~ ~ ~.~.~,~. ~.. -y--« ... -. 5071 HiAT csnT. DES ~ NO ~ y :. .. _ . . ^ . _ ~ _....--~ r ..~~ . . r . ,w i F P coat _~ ,-. _ . a• _._..._..._. ...-r ._ .......... -+ _ _.-- ,~ ~ t ~ --_ .... .. _ ~ ~~ ~ ttC I + E7C KIT COlT I - . - ~ . ~ ~ . a_ f J . . . 1 ~ 'I1 I 11 GOi7 ._ .- Ex -S.N.. .._ ; . ~ .. .. _ .. ., ... _. 1 _. - - • _ i 1 ~ y $ _~ . i t ,. 1 ~ ... .. tt-- ~ .y ~ .. 117 '. Ili I .]F!N PAY._k_ . _ LMJRY,4Tr3 S .~C~VI 1 . + .. . .. _ ~ cowurwnoNS ITE11 ,AEA l3Nli 1 I UIYT f tt I REG. HAti t _ __ .-._._. _ YR 175Y FAC I COE JR NO CWT ~ COlT I ' I t REST; gD RY, t CaiT C7>OT _ _..___.._ - ' I I 117 _. CAMNA i .. I _. __I_. __- __ ~- _' - _ • 1i 6AR. AREA I q I -_ •. ~. __ ....._ OAR ~O$7 9 7D I . .. '!i - CARPORT SQ FT. ~, ~ _'__ . ~ ~ --,.. _ _ I t]t OARPp11T t ..- I I 1 _~ . _ 1 Z't F , W. AREA _ _ . -' I ~ ~ ,as Y I«c Corr ' - - .__ , - -- f - ' -- T _ - -- . y ~ r oa cpBT 1 - ~. , xT P pOL pArE~ ~- ._ ..__. . --- t a~~ a ocK co~r I -~ ---~ - -... - - 1 y D __ __. OG( DAT! -~ _ L ~ -"_ ~ I .. '.: '=~.{1piON TY PE rapt ~~ CrT HER ~_ - .. a ~ - ~ t - tl P _ . C. COST _ - ~A:i:•i'....~.... ....~ ~ -.. .. _.._._ -.- i . . ____ 1 37 ~ 0 6ER 11AINT. `lr! n nQ I"1 ..-.._ .._- __ 1 - - k~ FACTOIF _ ' , _- ... - .. _.. _ t .. t - >w _.._ ....__ _ ~ CONST. FACTDII .._ ._---~. _. _ .. RAC. N. IYP6. 1 7! is cost Ng11MAL x doOO t x ::~iT PACTOII _ ~ ... _ .. - A. C.LN,O. INP6. t Sf ~_ __ ADJ. FACTp11 ~ .. _ _ , ._.. P~pl L DI)GK R C.LN, D. ...._.. _- __ ~ ]! I - IRCONi(. FA_C_T_OR I _ ~6M1-On 4REA R.C1N.0. 1 _ . ~ rr BABli7 Cdr I ~ Yn Taro R r ~ ---~' _ V. _ ._ ~ - . _ .,. I A!C Q~f . _ _ ~ orsT, TRACT . ".. LOT ATE BLOCK AMT. iOM AMD flN16H DETAlL ~ Fln+a~, r-rT~le~aw ~waN rNAL CR. WALLr CEILING/ Ri oP Nw ~ 1 I f cR ~ wAu Flt11SN Laows WALLS we u Tor T m r N .~ ___ I . ._ _T_~ l TURES INT ~ SIZE ~~ _-~- l _ ~ ; ;~ ~r ~~3~ - 3 Jr -- ....a - EMIL'91VE TEAR _ ___~ aEPR/CIATIBN TA/LE QC FUNCTIONAL PLAN I a S ~ 3 No. RM8 puAUri cu/s L.: ``= .~ ~wFJI FOR woo - ~ ~, ~ --~ Lt FIJI AREA _. ~ IM ILR ~AIIEA 2M FLR FACTOR ~~~~~ lM FLR AwEA - ~~~~ 3N FLR IACYOIt ATTTC AREA . ATTIC iACTOR __. __ _ _..~ FiN 63NT AREA FtN rfMT FACTOR _ UNPIN /rYT AREA UIMiN /rYi IACTOR_ __-___ AOWTIONS FACTOR -OIlCN TOTAL CO;T r l7~ ~QV PAT10 CO/T JNCOV RATIO C06T - .... T COli f 1C Ca/T - ~-~°-- ~cr x1T casT txT PLeo eosT :Ale ciAra ocT - :AR CLAf1 ATT :All ARO1 C0111RRATMNS AN'PR. D![TE i CO/! fl'EM i1 F1M ARU ... _ 1~ FM/ COST ~! 15 itwR'~ CO/* - ~~~ C. Laserfiche WebLink Lased fiche We b l i n k "°~ '-°~• ""'"°°~^k Browse Search ~ +, P+o~ t4 a tT' ~ © ,~ ~ ?°o ~o ~ e ® ~ j C LI 3?% ~; 'J P.o.~ 11 a tT T~mplMr. AGENDA PACi~TS i iUSTM> CanmcrYly pawiop~rnt> PI~~ C'rnni.len r P.C. Ay~d~ PrltW > 7A0! > Q125~q> D2 Kmic RegWr Nmi~Ym FILE NUMBER MEETING DATE ~ ' QUALITY CONTROL Yap ~ DATE RANGE 2006-2010 REPORT NAME KIST REG NOMINATION 535 ', PACIFIC ST RETENTION 2011 !x L v5 ~er s ~.,1f~s~ /.~.~~~r Page 1 of 1 /9y 2 Pui~tl br l~r MYOIA vRSn 7.0.4. Ls~itlr Y ~ nplWntl bit d Cmpit Y~f CmYr, Mc iLr mph a ~d b. C~ of T~~n RZJRAL S7.'REE'.C ADDRESS DrRECraRY Property Detail Report Property Detail Report for; 520 PACIFIC ST, TUSTIN CA , 92780-4329 Owner Information: Page 1 of 1 DIGITAL MAP e~,o~rr~pny ;,p `.~,Lir,Tc Owner Name: FAIRBANKS,BRET 5 Mailing Address: 520 PACIFIC ST, TUSTIN, CA, 92780- 4329 Vesting Code: Phone Number: Location Information: Legal Description: STAFFORD 8 TUSTIN TR LOT V S 50 FT OF N 460 FT OF THEW 200 FT County: ORANGE FIPS Code: 06059 Gensus Trct/Blk: 0755053 / 3 APN: 40137107 Alternative APN: 40137107 Map Ref: A4-830 Twnshp-Rnge-Sect: - - Legal Book/Page: 4D1-3J / Tract No: Legal Lot: V Legal Black: Subdivison: STAFFORD &TUSTIN TR Last Market Sale Information Sale Date: 01/03/2005 Sale Price: 1St Mtg Amount: $341,900 Sale Doc No: 0000002609 Price Per SgFt: 1St Mtg Int Type: Transfer Doc No: 0000161105 Price Per Acre: 2"d Mtg Amount: $56,800 Multi/Split Sale: 1St Mtg Doc No: 337621 2"d 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: Na of Stories: Roof Material: Yr BuilVEffective: 1928 / Quality: Style: Pool Code: Tax and Value Information: Assessed Value: $453,539 Assessed Year. 2009 Est Market Val: $556,033 Land Value: $274,512 Property Tax: $5,046 Assessor Appd Vaf: Improvement Value: $179,027 Improvement %: 39.47 Total Taxable Value: $446,539 Tax Exemption: HOMEOWNER Site Information: Assessor Acres: 0.2296 Zoning: Land Use: 133 Assessor Lot SgFt: 10,000 No of Buildings: Land Use Desc: MULTI FAMILY DWELLING Assessor Lot WlD: / Res/Comm Units: 3 County Use Code: Calculated Acres: 0.229fi Sewer Type: Calculated Lot SgFt: Water Type: Not in Seismic Liquefaction Hazard Not in Seismic Landslide Hazard Not in Fault Zone Hazard In One Mile Industrial Commercial Zone Not in 100yr. FEMA Flood Zone In Dam Inundation Hazard Not in Wildland Fire Hazard Not in Severe Fire Hazard http://maps.digitalmapeentral.corn/production/CityGIS/v07_02_003/index.html 8/ 10/2010 . ~°`° Design Type Codes 001 -Single Family Residence 002.iiviulti Family 999 -Misc. Improvements Requested By Address .~av ~ r~'~ Phone ( } Signature PUBLIC SERVICE INFORMATION FORM MULTI FAMILY RESIDENTIAL 1 2 3 4 5 6 INISNE 7 BLDG 8 BLDG 9 BLDG 10 BLDG 11 UNIT MIX 12 GARAGE 13 I 14 APN ~Q BLDG# CONST YEAR USE CODE DESIGN TYPE /~f~ BSMT SIZE = IZE-1S 2ND F ~ SIZE 3RD FL _ SIZE 4TH FL SIZE 5THlUP = ~ LL l ~ m ~- x m l i ~ CRPRT SIZE ~G POOL YIN LAND 51ZE /0 did . z ~ , t ~~ c ~~z°°. ~/~~ l~' ~ /, X79 ~ ~ ,Z = ~ 1 ~ m~ ~~ -+ . - . '~ -_ c c r O ~ ~+ 0 ~o ithorized B ,~,t; -~ 9 QUATJ-ROpRO Check Amount $ Cash Amount $ Mailed Date gy M.S. 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 ,Y'~~,~'~~'; t~ttf~ ~~~~.i,~ .~ 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 far 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 p844 Fllis Avenue Fountain Vallev. CA 927(]8-7D1 A (7141 9G2-?_411 www ar,Gd cnm ~, SEWER CONNECTION APPLICATION AND PERMIT (AREA DEVELOPMENT-SINGLE OWNEpSHItJ _ CITY OF TUSTIN ~ t 35 W. Third St. ~' ~ Tustin, Celifornis / ~' `~ ~ aPr~ICar1oN To 6e completed by owner or agent end submitted in quin- tuplicete wish required fees end plans-see reverse side Applicant, v~b~~'~?~. ~-~~-~`'CJRD --- -----'-----• hereby requests the iollowmg cnnnectionjs) to City's sewerage faciliiias: Loeetion Lot Iros. Size Type ISee reverse side for instructions) 2. - ~ - ~ ---- ~- - ---- - - --- -••---- - ~.__ - - 3. _. ._...- _ _.~.___..- -- --------~~ - - - -- Tu.-. _ Tract Na.. _ __ __ .. _ -Total lots- .- ._ _ _. -_--Estimated date of occupancy---- If commercial nr industriai property, tote( acreage sarvod -- .- --• The waste to oe clischorged to City's sewerage fedlities, if other than purely domestic sowege will hove the fcilcwinq aenrral charact9ristics as to estimated c,uantities, time of peak discharge and principal source or sources: L. m.zking rho; application, applicant acknowledges thai any permit issued will constitute a contract, if accepted by ~Ff'I~r_nnt, and may a enforcod by civil action at law end/or injunction. Dfite: - - SIGNATl1RE PERMIT .l. . No. ~~Q _ t For Connect,on to Gty Sewerags Faa rtres ; end For Uischergs of Domestic S~wege Only {` Permi,;ior. +o G~~SIruCt CarnCCtionj5) fo the sewerage focilities of the City is hereby granted to applicont providing :uch c:.nnr,rt,onisj is made in accordance with plans and specificotions hereby approved, end attached here+o; ~ .- iurlher prodding rhot request for inspc[hon must be given to the Tustin City Holl (544-7820) nt least 24 hours prior ~_ to the commencing of any construction work. ~„y This perr.it also gives the applicant permission to discharge only purely domestic sewage through the con- „'•~' ^rcrir.n(sl hereinebove authorized into the sewerage system of the City. The discharge of say industrial or cammer- ~C' ri.il wa,fc is not nuthoriaed without n further and separate permit from the City. ~, Rncapt at roquired foes end chargos ns spocified by Orange County Sanitation D~strict No. 7, Ordirance No. 705.,1 ~~ , is herchy ockn wled od. ,,4:-~- :i . Data:. lO /.'.~ .~.~ _ .._ _. _ _ CITY OF STIN "'r Amount Paid $ ~Q __ _ _ ~ - ~ - _. - " - .a~lp(t z~- • ~~ APPLlCATIUN FOR PLUMBING PERMIT APf~ArJT: PLE!\.`iE FILL IN SHA[)EU ~\~ pIJLY -- , ~ISf I^:ilf~!_IBLE PENCIL, BA.L_i. Pl?iNT PEr~d t 0"THER ~ NON_ERA5AE31_E SUBUT~,NCF ~ f CITY GAF TUSTIN fill ~ HF'F'LICAN 7 FI! L IN Tyl:, SI-{gpEU AREA ONLY - FIi.L iN CQMNLETELY :.,•U ;t. ,,• hi rt. l . `. ,,~^~T~ , .. 1. _ _ .__. . _ - ~ - - - i. -.. ~r w! nr rl•y lr..,i'~~~ ~.. •.. ~ ' .. .I r ~. .1 X11 ,r .it[J iii 1ti l.ri J~.r .r, I..r r 11.. ~r.r iir .,. ..• ~• ~~ Y .... .~. . .. 1, ~, X _, • u'.'.~ ' I wl 11 ! .,n•. 11:.1 1 INAI Ni'NMI1 4,11 il)~.I Ir ifJ WME t1 PHOPC FiL V VALIDATFU I 61~~ _...__ Wa r`rl f. Lt: :; F. l'ITUILETI . . --___. _._ I,~' _ -_ ____.. . F?ATN TVa ~_._ 1 --" 1:1*rrlkrJ ~~:~ti r; :ITtlar,;. DISPrc.:.l. - ---- -~-- L:.IiN L7PY lH,-V n. .1UT0 wA;LM 0.1::011 _ _ -_- ~______._ ~.7GH I:Hn1rJ _ ___ _ _- .__ fJRr^J r:l fl Ci F(!UN? ~IN~! ~~~ / ~ ~I 1 ,. { ~{ ~} ~ I.I^I~ ~' - I; RIP: nI_ ~ --- .,,l0 11=al~s~ i -- -- - - `va TElT nE%.TER ~- WnT.SR OF TE NE HS LAWN SPRINK LERti rtES. O l'OM.•A. f; 1 RAILER HpOK L17~ `^ 3 hy~ ~ PERM17 ISSUING FEE TOTAL FEE S M1rl. {) SPACF.I THIS IS YOUR APPLICATION FOR BUIlQING PERMIT s A~PLi~A"~f ~'LE:.cFFIILiNSHApEpAPEAONI'r ~------~ ' 1~5E ^~L`FiF.~E~~'+C~~ E6aLLPO+NTPENOROTHEaNON I r.cl.~ilB~E S::R514~:CE -.- _.... ~__ ~~Tr oa< ,r t~T[,a APPLICANT Fi LL IN THIS SHADED AREA "`~ ` '~ "" ~ r r~r .r., •. ONLY •- FILL IN COMPLETELY ~~~ t ~ f i 2 74 • ° +O a~ r~~f L .. ~..,__~~~-~l~ .~~~QfJ 1Yi~f ~~&~ 1 L/_.jc2 E ~~E ~rr r ~~G T it'Ev ~ cf~r c T M~v_~~~ ~ :,f ~nJt'S^ __ L CITY T N~ ~r f ~frr 5~ 1 ..~ _.. _' _ ____~- .-- _ l~I ._ r ___ AHCRITf:CT OR ._...-- TEL ENQIr~EER N2 `_ ._ ... .._ _ . CO N7RACTO R-.__.-_ _ --_. _-.__ ~ TEL. < Vhf ... -. . _ rr,t ,s. - ._ ... a5i 2Jr:+ 'IC~NirrG 4 CITY AO ~F.S ~ ~ '~~ [;1r,[,,,ir;rr~. rlr~j~. .~~(~ii!. jr~+~ -- ~~~U , irfrVG ITY ` r ST E 5snlrl •:•PO[l,f'+.f^aS LIC NV LIC. NO. DESCRIPTION ~)F WORN _ _ USE q~ Jr r / . •v! Ilr.• s .,^f : ... ' ~ EXISTINr RL U:. - WORK T•.] LlE PF RFORMED f-` 5 INSPE~TiON RE.CnPG SIZE - O DF NO. Of ~ Sr, FT STURIES FAhtI LIES - _ _ _. _ __. . - - - CI-NEW-AGO _~~ALTEH ~REPAIR~DEMOLISf•I - _ __-- J_.- _____- I hrrrBV ecM nDWlydrjrr thrl 1 h.vr rrrd sh la rapltcr tlDn rntl r[rtr !hn SPEC'OR U:r ^ODVr Informrur.n n conrcl rnd ^yrrr sD comply wlsh dl APPPO`JAL ~ CA1; iy Irwr royulrslnq Cu.ld~np romcruc tlDn, and 1 rndl nos rmolDV ^ny c,C~ti~wr G'v ~tiD prnon in vimu.Dn Dt [hr worvmm'r cdmprnu[iun Irwr Df [nr .GC ~'~Gti ____ °E ticCV. v:, I hurnY crrtlfy thrt 1 rm oroprrly Ilcrnwd u r cpntnCtor undrr _-------~--- -- ---' - - tnr Serer of Crlltorrnr tluunrrr mtl PrDlaulom God., Dlvlrlon 3, -x000 ° v+.•tiG ChrP[U 9, rntl In^s wch Ilunwr rrr Ic ful. foyer rnd rfirct, Ca~~"iCEVSIrs or I ^m r>rrmp[ rrom ihr prdvl110nr Of '• Strtr Of CrllfDmlr aDpc S~fEr•NG /d ~ ~~ fled nru rnd oroluuD n. Cody, Dlvldon 3, Chruur C. - ~.~'r/ . --- f aO:.G~ SarM~tiG / f ~~~~ ~ -- S:6NAYURE F PE RMSTT E _ i - ^-~ - - ~~,/~~ _ !f ~ _ -` , _ . .. ~ r~ n L1 `) •l ~_ _ 4 ` w ) l , 'S ~) _y / ~ `f l = ~ ~ ~~ l . P ~ r~/[l - CITY OF TUSTIN Cotnmunlry Developtnem peptuvnent-Building Division ' 300 Crntennial Way, Tustin CA 92780 .Building Counter (714) 373-313I -Inspection RecoMer (714) 573-3141 l~~TiLDING PERMIT NUMBER:BOS-0499 ADDRESS: 520 PACIFIC 5T TUST SUITE ASSESSOR'S PARCEL NUMBER: ~ 401-37l-07 SUITE NUMBER...: DEVELOPMENT AREA ........:....::: TRACT NUMBER: T'USTIN ISSUED BY .............: DATE ISSUED.......: PROPERTY OWNER ............._,......: LOUIS METRO INTER R E PROP ERT 10~J7'WINDSOR LN TUSTIN CA92780-4329 CONTRACTOR ~ ARCHITECT A-1 ALL, AMERICAN ROOFING .1824 E. CARNEGI}? AVE. SANTA ANA , CA92705 (949) 250-1221 JOB DESCRIPTION: T/O RF, REP W/ 25 YR GAF, 30+ti FELT, 3.Sti-REAR O.C.F.A. Number.........: OCCUPANT LOAD; 0 OCCUPANCY GROUP: R3 CONSTRUCTION TYPE.: R$SIDENTIAL SQ.FT: 0 COMMERCIAL SQ FT: 0 INDUSTRIAL SQ Ff: 0 GARAGE 5Q FT: 0 OFFICE SQ FT: 0 WAREHOUSE SQ FT: 0 ROOF SQ FT: 0 TENANT IMPR SQ FI': 0 OTHER 5Q. FT: 0 NUMBER OF UNITS: I NUMBER OF STORIES: 0 UBC EDITION: 1997 NUMBER OF SEAT5: . 0 VALUATION...: SO.DO BUILDER VALUATION: 50.00 ~'RE~iMMA Ry PLAN CHECK 50.00 BUILDING PERMIT: T0.00 MECH PERMIT: 50,00 PLUMBING PERMIT: 50.00 ELEC PERMIT: 50.00 SIGN PERMIT: 50.00 GRADING PERMIT: 50.00 PRIVATE IIvtl'R: 50.00 NEW DEV. TAX: 50.00 TSIP ZONE A FEE: 50.00 TSIP ZONE B FEE: 50.00 SMIP FEE: 50.00 MICROFILM FEE: 50.00 OCFA FEE: $0.00 PENALTY FEE.: 50.00 REFUNDABLE BOND: 50.00 MISCELLANEOUS: 50.00 TOTAL FEES: S0.00 LICENSED CONTRACTOR DECLARATION: 1 hereby affirm that 1 am • limned Contactor urrkr the provisions of chapter 9 (wmmt:ncittg wilb Seetioa 7000) of Divuion 3 of the Businea dt Pmfeuiont Code, and my lianas is in mu rarae.ad e~xt LiCh'NSE NUMBER: ¢7isyj LICENSE CLA55: C39 HIC Expires DATE:05/31/1W3 OWiIER BUILDER DECLARATION: 1 hereby affirm that 1 am exempt from the Contactoft Licene I~w for rho fallowing reason (Sarum 70313, Business PmCesions Code: Atry Ciry or county which tequirv a permit to corutruet, alter, improve, demolish, irr repair any stricture, prier to i4 issitaoce, also requires the applicant for such permit to fik a signed ehtemeat that he tx she h iioatud pursuant to the provisions of the Con4actah License Law [Chapter 9 (eomnwneing with Section 1000) of Division 3 of Ilx Busiarn ~ Profetsiom oodej or that he or then eacmpl dteioftom and the beta for the alleged mtemptioa Aay violation of Section 70315 by soy appliant for a permit subjects the applicant [o a dvil pcnalry oCnot snore than five hundred dollars (5500.00). 1 ss owner of the property, or my anployea with wage as tfieir aok companntiaa, will do the work and the structure is cwt intended or ot[ered for sak (Seviion 7044, Husingt ~ Prokssiont Cade: the Contractors Liceroe law dos not apply to sn owotr of property who builds or improves thereon, and who dos such worn himself ar herself a tbrough bit or bu own employcp, providal that aucb improvements arc not intended or offoed [m sale. ]C, however, the buildlrtg a impravanem is sold within one yea of camplction, the ownes-builder will love the burden oCproriag that he a she did not W ild or improve for puryoses of sale). _ 1, a. oumar ottha property, am axeluaiyely contraetint with lieerrssd contractors to constrttat rho project (Section 7094, Hutiasst tr. Pmfeaiom Code: The Contracbr's Litxnae L-w dod not apply b in owner of property who bwlds or improves thereon, and who conlrscts for such projects with s cantnctor(s) license pursuant to the Coattaetafa License Law). I arrr exempt undo Setxion .Business dt Professions Code Cor the Collowin)j reason(s): Owns Siptaarr. pate; WORKERS' COMPENSATION DECLARATION: I heaby a(fam ureter penalty of pmjwy acre of the following decleratiom; 1 have and will maintain ^ certificak of conarnt b ulf-insure fa Wockda Cotetpmrution, u provided for by Section 3700 of the Labor Code, for the performance of rho work forwhich this permit it istuod. 1 have and will nvettain W o:tte>'a Coorpeosstivo iaauranx, at requlrod by Section 3700 of the Labor Cude, far the perfommrce of dta work for which this permit u issued. My Workds Conrpetaation inwrance carrier and Polity Numbs are; POLICY NUMBER: wc247fl59437 COMPANY: WA9HIN(: rON INT. INC. 1This section need not be cotnpltaed ifthe permit is far one hundred doll ) a kas). 1 certify drt in the perCannaoce of the work for whi ermit is ratted, I shall net employ any pawn in any truaoer so es m become subject to the Workes't Compensation 4ws of Califomin and I agree that " uM become subject to the Worker's Camperwtios provisions of Section 3700 ofthe Labor Cade,1 shall forthwith comply wiN throe rosy. Sigtutturc ,~ Date: l~ - ~ -~( WARNING: Failr t secure Worker's Cottyertaalion coverage is unlawful, sad dull subject an cmplayer to criminal paaalties sat! civil fines up to one hundred thousand dolktn (S i 00,006) in addrtidh to the cmt of comperwtian, damaEw u provided far in Section (3700) of the Labor Code, interest end attartrcY Coat. IMPORTANT: Appllaatioa is hereby nods of the BW)ding OlFicial fa ^ permir wbjat m the conditkas and tesuictitxa sat forth on this application. Each pones upon whose lxlul[this sppiicatiasr i3 insde end each person u whose request and for whose bmefd work Is petformod under or pursuant b say pumit issues ss a result of this applketioi sad hold harmless the City of 7urtin, its offirxra, n aril 1 m eccordence with the visimn of °~s to, std atoll, tndtanntfy ages crap oym ' pm Chapter 2 of the Uniform Administratix Code. I agree trot W occupy or albw occupancy of any building authorized by This pennet until Rnal inspection has been roceived. f ottd}y thU I have reW this tratioa sad state that the shove information is correct. I agree b comply with aft City and Slate laws reLting m the building wmtructioa, and hereby wthoriu a of the Ciry b enkx upon the above mentiat[d propcny for inspcctioo proposes. I Sigwture oCOwnar, Coavaetor, a Authorized A Date !~ - ~- ~ •••BUQ,DING PERMITS ARC SUB3ELT TO 1 TTON IF WORK f5 NOT COMMENCED WI'I'ff[N 1t10 DAYS AFTER DATE OF ISSUANCE OR iF WORK IS SUSPENDED FOR Igo DAVS••• CITY OF TUSTIN Community Development Department -Building Division 300 Centetmia] Way, Tustin CA 92780 Building Counter (714) 573-3131 -Inspection Recorder (714) 573-3141 BUILDING PERMIT Nt:JMBER:BUl-0487 ADD1b4i~S: 520 PACIFIC ST TUST SUITE ASSESSOR'S PARCEL NUMBER: 40]-371-07 LOT NUMAER ................................: 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 155UED.......: l D/30/2001 JOB DESCRIPTION: T/O RF, REP W/ 25 YR OAF, 30# FELT, 3.Si1-MAIN O.C.F.A. Number.........: OCCUPANT LOAD: 0 OCCUPANCY GROUF: R3 CONSTRUCTION TYPE.: SN RESIDENTL4L SQ.FT; 0 COMMERCIftL SQ FT: 0 INDUSTRIAL 5Q 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: l NUMBER OF STORIES: 0 UBC EDITION: 1997 NUMBER OF SEATS: 0 VALUATTON...: 57,250.00 BUILDER VALUATION: 56,000.00 PLAN CHECK $0.00 BUILDING PERMIT: 5175.00 MECH PERMIT: 50.00 PLUMBING PERMIT: $0.00 ELEC PERMIT: 56.00 SIGN PERMIT: SO.UO GRADING PERMIT: 50.00 PRIVATE IMPR: SO.00 NEW DEV. TAX: 50.00 TSIP ZONE A FEE: 50.00 TSIP ZONE B FEE: 50.00 SMIP FEE: 50.50 MICROFILM FEE: 50.00 OCFA FEE: 50.00 PENALTY FEE.: S0.00 REFUNDABLE BOND: 50.00 MISCELLANEOUS: 50.00 TOTAL FEES: 5175.50 LICENSED CONTRACTOR DECL 7ION: 1 hereby affirm trot I uo a li«naod Contracsor undo the provisions of chapter 9 (commencing with Station 7000) of Division 7 of the Busineu & Profession Code, and my licrnse is in &11 farce and effect LICENSE NUMBBA: 6jlgj2 LICENSE CLASS: C39 HIC Expires DATE;OSJ31/1gg~ OWNER Bi11LDER DECLARATION: I hereby aHum slut [ am cxanpt Gam dte Contractors Licenser Lnw for the following season (Section 7031.5, Buaittw ProEeseiona Coda Atry Ciry or county which rtgttites a permit w conttnwl, aher, improve, danolish, or rcpsir any rtructure, prior to its lsrusrtco, dw requires the applicam for such permit to file a signed sureness that he or she is licett[ed petnuant to the proisions of the Contractors Li«nse Law [Chapter 9 (commencing with Section 7000) of Division 3 of the Business R Profession node) an• thu he or she is exempt Ihaefiom and the basis for the alleged exemption. Any violation of Scelion 7071.5 by any applicant Cor ^ pcrrttit avbjecu the applicant 4o a civil prnal[y of not more than five hundred dol4n (5500.00). I as owner of tlfa property, or my employees willr wags as drew sole con:pc:tsarion, will do the work :sad the ttnruture is rmt inteneltrl or ufferetl fur salt {Section 7044, sf Ure property, tin axcluaively contracting with limned contruton to consWct to m owner of property who 6uikb or improves thereon, and who conhacts for a Professions Coda: The Cootractors License e Pursuant to the Coalrxtora Licetne Law), 1 am exempt under Section , Bmineaa & Professions Cada for the following reason(s): WORKERS' COMPENSATION DECLARATION: 1 hereby affit[n undo psaalty of perjwy one of the followinj dalaratiore: 1 have and will maiahio ^ «rtifrcaR` o(conscnt 10 self-inwrc for Workers Compensatioq u pmvidal for by Settioo 3700 of [he Labor Coda for the perfo[manx of the work fur which this permit is issued. 1 have and will maintahs Workda Compensation intatrarrce, u inquired Dy Section 3700 of tiro Labor Cada, for the perfmnt:nco oPihe work for which this permit is icsuM. My Workers Congxoution insurance aalmef and Policy Number ale: POLICY NUMBER: we2a7a59437 COMPANY: (This aectim need trot be contpldcd if the permit is fa one Iyu ollan (81001 or lets}. l certify that in the poiormsncc of the work rafibicfi This pacmil u iteuad, 1 shall not employ soy pecan in any numter ao as to became subjxt to the Workara Componsetion laws of California, and I agree th I ahodd ht:came subject t0 the Workers Compataation provisions of Suction 3700 of the Labor Code, I shall fotthwirh comply with thorn ptgvisiotts. Signmura • Due: /0 -~- O, W ARNTNG: rilure Wori[crs Compensation ooversge is ualrwful., and shall subjmt an empbyer to criminal paulda ttyd civil finer uP m one huodred thoustnd dotlan (5100,000} In addirion to cost of compensation, damages u provided fhr in Settles (3700) o(tho Labor Coda interest sad attorney Cox. IMPORTANT: Application is hmeby nude to the Building Official for n permit subject to the condition and reatrictiotu set forth on this application. Each person upon whose belulf Wis appliation is nude and each paean a[ whose [eq[tert std For whose be+tefrt work u ptsformed tmdar err pumuant m any pcntrit issues o a ttwlt of dtis rppliWiorr agras to. aM shill, ltrdmmify aril hok! Itsmilm the City of Tuum, its of5etn, sgenu and wnplayaea in accardaas with the provisions of Chapla 2 of the Unifomt Adminisuativo Code. i agree not to occupy or allow oaupattcy of any building authorized by thin ptamit und! foul ittspeetitm has been re«ivcd. l certify dot 1 have read Ibis application turd stale that the above infantution is catrax. l tgtrx to cootply with W City and Stue taws telatlng to the building consuucrian, and hae6 represcnWive ofthc Gty ro caller opou rho nbwo mentiottod property For inspection purposes C[TY QF TUSTIN Community Development Deputtment -Building Division Consttvctian PciTnit 300 Centennial Way, TLstin, CA 92780 Building Counter (714) 573-3131 or 573-3132 Inspec[ion Recorder (714) 573-3141 ASSESOR'S PARCEL NUMBER: X0137107 ADDRESS: 520 S PACIFIC ST SUITE OR UNIT NO: LoT: TRACT: BLOCK: Census Tract Number: Retlevelapment Area: Property Ownor: FAIRRAIIKS 58a 5 C ST TIISTINr CA 92788 Archhact/Engineer; BERNARD ADAdS 714/636-0294 Contractor: DAC-LIYD 48! BLAINE 9891737-8858 CORUNA CA 91719 JOB DESCRIPTION: REPLACE ERISTIYG RA50NRY FIREPLACE Occupancy Group: Induatrisl Sgwn Fut: Y Occupant Loed: Office Squsre Feet: B TVDa of Construction; Werehove^ Squsre Feat: Q Ruidentid Squua Faat: 8 Geraga Sgwn FaeC Q Numhu of Unhs: Y Other Square Feet: ~ Number of Storfas: 0 Restaurant Seetlnp: Number of Bedrooms: 0 Perking Spacp: COrilmarelel Squsre Fast: 0 Aecess~ble Parking: Valuation: ! 9000.00 UBC Edition: 1994 FEE SUMMARY Plan CMck: g ~•'~ TSIP Zonm A Fee: 4 0• Q Building Permit: 4 168.5 TSIP Zone B Fee: $ 0• Q Electrical Permit: 9 0• ~ SNIP Fee: 8 0• ~ Meehmlcp Parmd: A 0• ~ Mlcroiilm Fes: S 1. Q PlumbMg Permit: S 0• ~ OCFD Fee: S 0• Q Sign Permit: 8 0• ~ Refundable Bond: $ 0• Oratllnp Permit 0 0^~ Bond Process Fu: g 0.~ Privets tmprova. Permit: # 0• ~ Miec. Fcs: 9 0. Q Nsw Dsvslopment Tax: s 0• ~ Penalty Fee: 9 0. Q Total Fne: ! 263.92 Permit lafuad By: Ills Dan: 107/00 PERMITISI ISSUED qND PERMIT NUMBER(51 800-0561 LICENSED CONTRACTOR'S DECLARATION ' I hanby Nfirm than I am • Ilcamad Contractor under the provisoes of chapter g tcommencmp whh Section 70001 or Divisipn 3 of [hs Burmese d Protsasiojy,~ad red my license a m iWl forca and Gt}etl. License Number: ,•j-(~ tl S~~ Liunso Chss: Conte iota 5lgnatua: Date; ~~ Ids /' OWNER•BUILDER DECLARATION I hereby affirm that 1 am exempt from the CoMnctor's License Law fa the tolbvylnq raaron ISeWOn 7031,5, lkreinaas i Prolaeslona Cads: Any City er Coumy which nquins • permll to conatruei, alte4 Improve, demolhh, or repair any siruHUn, pnpr to Its laadhnoa; also ra quxu the apPliemt foe such permit to file a signed sutemans~ltat ha or sM b licamad pursuant to the provsons of the Contnetpr's Ugnae Law IChaptar 9 Icommanrinp with Sac[ipn 70001 of Divlnon 3 of the ISuainata d P(ptualane code) or that ha or she is axempl therefrom and tM basis Tor tits afhpsd naemption. Any vlobtion of Section 7031.5 by any appNcant for a permit subjecss the applicant to • nvA penaay of not rtton than Ilve hundred do11sa1S600.005. ^ 1 as owner o1 the property, or my employeds with wages as dten solo comporlaahon, well do the work and the ltru[ture is no[ Intandtd a offend lo• sale(Seciron 70x4, euamaea 6 Profusrona Cadr. the Contrectors's Llcanae Law doea not apply m sit owner of prapenV who builds m Improves therecn, and who does such work hlmsoll or heresy a Ihroupn his ar her own empbyeas, provided that such Improvements are not intended or offered for sde. If however. the 6udding or rmprovemem ro sold ynthm one year of completron. the wnar•bwloar wrll have the 6urdsn al provlnq that he or sno did rtpt build Or improve for Durpasaa of sale.l ^ I, as owner of the prapeny, am axclusivaly contractmp with licensed contactors to construct Ma project ISaction 7044, Business 6 Professrorts Coda: Tha Contactor'a Lmmaa Law doea net apply to an owmr o} prbpeny who builds or improves theron; and who convects for such protects whit a contactorlsl Immaa pursuant to the Cantactw's Llcanna Lawl. ^ I am exempt under 5atlon eumnaaa l4 Prohssiona Cptla Tor the lallowinq reuonlsl: Owner Date: WORKERS' COMpENSATtON DECLARATION t hereby affirm under panadty o1 perjury one or the tolbwlnq daclsntfona: 1 hsva and wdt maintain ^ cerdfin[e of consent to self•ineura for Worker's Compensation, as provided for 6v Section 3700 of the Labm Cods, for the pedermance o/ the work }or which this Dermit is issued. ^ I have and wie maintain Worker's Campenaa[ion insurance, es required by Section 3700 p1 the Labor Coda, fm Tha parlormanca of Iha work for which fhb Derma a issued. My Worker's Compenutbn insurance carrier and policy number are: ~a q POLICY NUMBER: Z~- 1 /~- f 2-2-~j COMPANY: ~~~ ~J~~ ITrxa sacfbn n.ae not De completed y the omnlt ie br erro hvneed dolrale Ia lee) w Intl. ^ 1 certify chat rn the padormance o1 the work fa vdtich this permit is issued. I ahaN not employ env person in any mmner so ea to become sublact to the Worker's Companenbn Isws of Cakfomia, and +gne that i1 I should became subpct to the Worker's Compertaaebn provisions of Sacbon 3700 0l fns Labor Code, t shall }orthwith comply with those provi+o~reks. Slpnetwc: ~/~--~. Dlrts: ~~ [ l rJ WARWNG: ry~re to aacwa Worker's Compensston cownpa u unlawful. and shalt sublect m employer to crlmind ppnatties and civil tines up to one hundred thpusan0 dohaa lall)0,000), rn addrtbn t0 than coat o1 romDeMatlen, dsmagsa as provltlad fw kt Section 3700 of the Labor Cods, Inssraal and attorney lees. CONSTRUCTION LENDING AGENCY I hereby aifinn that there Is s comttuchon landing ^gencY for the perforrnsnca of the work for which this permit is isuued f5ectipn 3087 Civil Cpdel. LENDER'S NAME: LENDFJi'S ADDRESS: ' HA24RDOU4 MATERIALS AND EMISSIONS STATEMENT FILED ^ A.O.M.D. Data: ~O. C. F.D. Date: Not nqunad T. U.S.D. Fees paid Yea ^ N/A ^ IMPORTANT Applkahon Is harabv msda to the Buldlnp Official for • permit srrbject to the condmm~a and restnctions set forth on this application. Each person upon whose bsMlf this appticetion is nude artd eaph parson of whoar nqueat and for whose tronailt work is performed under a puauant to any puma Kaued u s result or this eppbca non apace tp, and shall, indsmrtity and hold harmlua the CISV pf Tustin, ua ofhcen, agents and ampbyees in accatlanca with the provisions of Chapter 2 ni the Unitorm Adminmtrs[iw cotle. DIVISION OF INDUSTRIAL SAFETY PERMIT CERTIFICATION Tha Calilomia Hulth end Safety Cods rertulrea a dwtsion of IndustnN slaty permit es a plareqursite to permit inuenca unloss the applicant siprtsa of the csrltieaeea below. I canify that no excavation 5 fat or mac indeplh, into which a Dersan fa regvirad to dascand, wAl tee nude in cennatlion with work euthodud by the permh, and test no bWltllnq, structure, aceffoldinq, filsework, or tMmolltion or dlamentenp thano}, will ba I spree rear to occupy or allow occupancy of any building authorized by this permit until final inspection aDDrovat has bean rscslved. I caniry that I hsva reed this application and state that the above in}ormstion is corral. I spree to comply with aM City and State 4wa relatnp to the huikllnp construction, and hereby authorize .eprasentativea otthe City to enter upon the shoot mentbnad propane for inspection purPOSOa. mm^ titan 38 fast Iegh. SigMtm al Owner, Cenv mr, er Authorized Apem. 1•~ Aa owrtarlbWldv 1 wNl not employ anVOna to do wprk which I .~ ~ ~/'1 /y, would'` Jroculrc a narmir hom the D+vralon of Induatrul 6afaty, ss noted ~~~CC ~~L above unloss a.ucn perdnn has a perrrxt emm nut division. 5rGNATtlR6 DATE Uivleion a; Irldusrial Sala[y Perm:t Number: to complixncc with Fakral regulations. the City nt'l'uctin does eat dirmmirute m the basis of ralx, color, rational origin, age or diaahility white . gtfice Canary - Pcrrr.$lee P4nk - Audimr Goldenrod - Asaersor October 25, 2010 To whom it may concern, My name is Robert Stephen Gaylord, one of three sons of George and Alice Gaylord. I grew up at 480 South Pacific Ave. (now 520 Pacific St.) in Tustin, CA. My father built our house, the garage, and the apartment above the garage all in the time and with the processes it takes for a single individual to do all that. The best that I can recall is the unit above the gazage was built roughly between 1938 and 1942. The first tenant was my uncle who was stationed at ananti-aircraft defense base in El Segundo. We visited him several times at his Army air defense battalion and saw the seazch lights and anti-aircraft guns. Dad finished the apartment for him and his new wife to stay near us while he was serving in Southern California. Later, the apartment was rented to Marines stationed at El Toro Marine Base. I recall the stairs to the entrance as a child. In my memory they were always there on the side of the garage where my parents would catch rainwater. We were not allowed to go Up thOSe Stalls. The unit behind the garage was built by my father roughly between 1945 and 1950. I judge this based on the fact I was born in 1933 and when my brother John and I were young teenagers my father built the two roams and bathroom for us to occupy. After we moved away from our old home, the rooms were made available to others. The only person I remember was, (I believe the spelling is) Ms. Grennan, who helped take care of my parents to the very end. In fact, she called me about health problems my father was having when we moved him out and sold the house. My father worked at the grammaz school as a woodshop, bays' athletics and natural science teacher. He was an Eagle Scout, a Scout Master and a Deacon with the Presbyterian Church in Tustin. He was o$en involved in construction work in and around Tustin. He was in every way a faithful law-abiding citizen. Sincerely, Robert S. Gaylord G1~CY ~ ~~'~~~ Communi Develo ment D ty p epartment City of Tustin July 23, 1998 Mr. Nathan Menard 345 West 6th Street Tustin, CA 92780 SUBJECT: 345 WEST 6TH STREET Dear Mr. Menard: 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 !ot 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 far 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 anon-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) 573-311$. Sincerely, Bradley ,li Assistant Attachment: Tustin City Code Sections 9223 and 9273 BE:345West6th.doc ~~ i ~,. ~, i 1 ~i,j ~~ ATTACHMENT D PC Staff Report and Attachments from October 26, 2010 ITEM #3 ~~' APPEAL ~-TEARING ~`+. '~' ~ 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 Pack 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 Gity 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 A'105.1 (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, 200 Page 3 present at 520 Pacific Street which originate from violation of the following honing Code sections: Tustin City Cede 9223(b)(2) -Single Family Residential District (R-1) - Conditionally Permitted Uses and Development Standards -Accessory buildings used as guest rooms, provided no cooking facility is installed or maintained are subject to a Conditional Use Permit. Tustin City Code 9223(b)(2)(d) -Single Family Residential District (R-1) Minimum side yard setback for accessory buildings used as guest houses. Corner lot line 10 feet; interior lot line: 5 feet. SITE DESCRIPTION The property at 520 Pacific Street is located at the south end of Pacific Street north of West 6~" 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 4. Detached storage/recreation room (298 sq. ft.) {ocated 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 vn plan) Covered parking structure (which is attached to the main house and the garage) (Numbers correspond fo site plan and site photos below) Site Plan submitted 8130110 (Also refer to Attachment C site plan dated 8/30/90) f 21'.y' / / .IY / ~ ~,f1+ n \ \ ~ ~ I~tlSll\ i rnan+ l~ r SI I t U.YM ~ ~ . \ .y ^ ~~ t ~ , 4n1 ua \ \ / I1'~wf4/ r,.... bFna FIIP.U MIr \ MAIN nl:u.alcr.~la:: fr/ ~,~.,hy k / .jlr ItF:SIQIiNCh' almviq+vttq~v! ,?.,? k Fawn UaRnpr :?vu nu \ / 2fY / Ilf an uvu rvlr f~ :::'f.f ' ' \ 1.eTa f14'YM.1f.1 , :!`J IN 148 J'~.W. '^ (i.nlL\f.l~t 4Y1V!'NI'I> r Lr vi'rnln r.n nimr. r+'I hWBIU:: . \ / 2y / IN' / ~}• / Site Photos at 520 Pacific Street (Additional site photos in Attachment D) V StTB Pt.,AN NTS I-I W w N~ pw View from Pacific Street: Main house, carport, and two-story garage Appeal 520 Pacific Street October 26, 2010 Page 5 3, ~, 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 52D Pacific Street October 26, 2010 Page 6 Historical Background: 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 1428 or 29- l lunsc 1924 amstniclcd 1930 1925 1927 City I~)29 Huilding 1931 incorporation CoQC AJoplcd 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 Gode 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. View looking west in rear yard: storage unit at rear property sine 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 Gity has addressed residential conversions that have been done without benefit of permits. Far 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 Ivcated 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 fihe 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 Cade, anon-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 #or 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 ar 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 ~ctaber 26, 2010 Page 9 TABLE 1 CODE COMPLIANCE ISSUES l.ocatlon Code Compliance Code Sections Photos Issue a livable The use of the property California Fire Code '!"~` ' ~ • ..~~ ' as a triplex (with 3 Section 102"3 Change of ~ 4~ ~ ~ ,~~ ~ ~ units) changes the use or occupancy; ,~n~ u,~ti ~ .~ ~" '. ~,v _ ~' ' ~ ' buifding occupancy California Fire Cade st ~ ~ ~~- , ~ from R3 (single family Section 102 Unsafe ~ " ~ '`~ 9 residential) to R1 Building or Structures I ~` 1~~:'; ~ - (multiple famlly) ~~ x,,; _ ;~ ,r--~'~. - _ ~ It could not be California Fire Code .,~ ~~ • ~ ;~ determined if Section 102 Unsafe .. ~- - ~, ~ ~ footing/foundations xi t t id Bullding or Structures , ~ e s o prov e , ` dl adequate structural ).~ ~ bracing and support to - ~~. the structures No fire separation walls Duilding Code Table ;~ Multiple residential between units; 503; California Fire Code units built after therefore not in Section 110.1 Unsafe original structures compliance with one Ganditians w/o permits hour separation requirernents which poses a potential fire hazard to occu ants Mechanical, electrical, TCC 13100 Adoption of ~ ' and plumbing (including 2007 California Building HVAC) installation Code A105.1 - Ponnits ' •" "~- t ~ work done without r•eryr»r~t~ ~,~ r Bathroom ~ permits in upper c Permits are required to unit w! no ~ insure that life safety permits protocol is followed and ~` ~l installation is done ~ I ~ .' ~ according to plan. i Without such permits ~q ~ and inspection, ~~-- •, --~ - ' installation may create '~ ~ ' ~, fire hazard, water ;ry~~ damage, etc. - Pursuanl to the zoning TCC 9223a7(bj- code; the properly does minimum building site for ~ ;~~"~ not have sufficient lot second residential unit is ~ ~ , size to accommodate a 92,000 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 I _-"" would need to be ~„ ~ located in an R-2 or R-3 ~,. district and would {" ~ require a minimum of 7 ~ parking stalls to support ,rr= I~ the added residential •• - -- use. Appeal 520 Pacitic Street October 26, 2010 Page 10 Location Code Compliance Code Sections Photos Issue a licable The second story wall Section 1403 of TCC construction and 8 i 00 Adoption of 2007 ; windows adjacent to the California Building Code ~ ~ property line do not comply wiih fire ~ - - protection II _ ~ Insufficient requirements. r - setback to ! The opening is not f ~ PL. ~ ~ ,~- ' ~ ~ ~ • permitted as shown; exterior wall is not fire ~ ~~ , ~"•~~«:" rated; primary (and '~. -j`;o~'. '•; only) stairway restricts ~"5 ~,. ingress egress in case '~ i'h* °~-~~*-'I ~ of fire or other ~ ~: ~~. emer enc . Furnace installed TCC 8100 Adoption of _ without required permits 2007 California Building does not meet Code A 105,1 - Permits clearance requirements required ~ and creates a potential ~ fire hazard, ~, Exposed electrical next TCC 8100 Adoption of ~~,,,~.._ m ' to unperrnilted furnace 2007 California Duilding --'-" ''"~ o which causes potential Code A105.1 -Permits , v ~~ ~ fire hazard. required ~ ~ ~ •"-- ~ ~ c .. Z I N .a C O a~ V rn Electrical device ~ !~ . next to heater Kitrhen cooking TCG 9223b2 No cooking facilities not permitted facilities permitted in I{itchen in in guest unit, guest unit Plumbing and electrical TCG 8100 Adoption of I~rr upper unit R installed without 2007 California Duilding ~ i ~ permits. Permits are Code A105.1 -Permits ~ I '- u-• ( . required to insure that required ,; life safety protocol is ~ ' followed and installation ~-~ - is done according to i ' _, -~~ plan. Without such , --- "' I permds and inspection, ~ ' i _ - - ~ ~ ~ ~ 'f installation may create _~ fire i~azard, water dama e, etc. Appeal 520 Pacific Street October 26, 2010 Page 11 Location Code Compliance Cocie Sections Photos Issue applicagle Shower added on to TCC 8100 Adoption of _ __ __ original structure. This 2007 California Buildin _ g' '/` ~~ requires a building Code A105.1 -Permits ~ „1r ..!~ ~' ' permit to add additional required) ~ square footage (pop• _ - out) and permits for -_ ,~ plumbing, and ~ ~ waterproofing, . r Shower added w/o permits _~ Railing has no TCC 8100 Adoption of _ ~ I - , intermediary posts and 2007 California Building ~ No inner the run and rise are not Code A105.1 - Perttrits ~. •.. compliant with Building reryuired ` ,Y pasts l ;. f Code requirements nor TCC 8100 Adoption of ~~ %~- is the unprotected back 2007 California Building ~'' ~ '~ ~:,f ~ ~ which is open. This Code 1012 Handrails - ;%< ` ~ poses a potential falling handrails required for `~:' hazard for small stairways ~ ~`~ ' ' ~ ,; .. ? children. TCC 8100 Adoption of rr.~ - -" _-_ ~ 2007 California Building ;~~ ~;-; ~,- Code 1D13 Guards - ~ `~ '~ uards shall be located 9 c along open-sided r ,fl walking surfaces . _ _. I `~° including stairways q Y ?" ~ ~r- ~ ^- , ~ c located rnore than 30 _.:_~~i~ ~ ' inches above the grade o below m There is no properly 2007 CBC Section ~ ° line firewall separation 1024.3 Exit discharge Window at PL ~ , between staircase and location ~ the property line. requires 5ft /~ setback The staircase is built TCC 9223b2(e) requires over the property line 5 ft. setback to property A guest unit requires a line .. _ _ 5 foot setback to ,, property line (PL). _ There are several issues associated with ~ t3t.tiic over i'L the location of this ~ staircase; most -u - imminent is the lack of P. .4'~ emergency access and ~' s~.v~ '- ~~~ safe egress from the - unit. ~ Roof drains onto 2007 CBC Section - . r `?=: f'"r~ "'~ 4 neighboring properly 1101.1 all roofs shall be ,. ~t which may cause drained into a separate ` - flooding. storm sewer system ~~ 2007 CBC Section 2007 CBC Section J109.4 - Drairraye Across property line Appeal 520 Pacific Street October 26, 2010 Page 12 LG VVY~J VG4YV~~r~ Location ,_,,,,_ ___,;__~,_ Photos Structural supports do not provide sufficient supporting rafters Roof members are undersized to provide adequate support i_ a c~ ar t_° C7 The carport is attached to both the main house and the 2-story garage and attached rear units; making this a tri-plex unit pursuant to building code fire rating. These deficiencies create access hazards for fire access and may pose additional hazards to occupants since the occupancy changes with a tri-plex {common metal conduit (EMT) between garage and house. The potential for damage and failure due to the exposure of the line is increased and poses a potential fire hazard. between walls of garage and living units; thus exposing tenants above and next to the yarage to fire hazard originating in the garage. 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) 1604.1, 2301.2 General Design Requirements. Floor joist supported along block fence rather than cantilevered from the two story structure C:hanye m occupancy constitutes a multitude of CBC and Fire Code violations: Califomia Fire Code Section '102.3 Change of use ar occupancy; Califomia Fire Code Section 102 Unsafe 8uilrling or Structures TCC 8100 Adoption of 2007 California building Code A105.1 -Hermits required Fire-Resistance Rating Requirements for Exterior Walls Based on Fire Separation Distance Exposed Work and Article 330.30 Securing and Supporting Illildf'ClUc1tC structural supports l.Jnsupparted line over - _ _ .... ~- _ '' ~, , New junction box without permits Carport attached to main house and garage Romex wiring is unprotected and exposed ~171R Appeal 520 Pacific Street October 26, 2010 Page 13 Photos r.~, d'' ~y Unit does not meet fire rating requirement; 5 fool setback required to property tine to protect occupants from fire hazards; or safety personnel responding to an emergency. gas ling without permits It is installed on a combustible wood sided wall which poses a potential fire hazard due to the cornhustible rnaterial 2007 C8C Table 602 Fire-Resistance Rating Requirements for Exterior Walls Based on Fire Separation Distance (1927 UBG Section 1403, less than 3 feet) TCC 9223b2 minimum side yard setback 5 feet TCC II100 Adoption of 2007 California Building Code A105.1 - Perrnifs required Subject to manufacture's installation standards and mechanical/plumbing permit Min. 5 ft setback required (zero - 4 ft provided) c 3 m ;a I~ m w oc Ceiling heights var do not meet the TE height requirement 1208.2 Ceiling height minimum Heater installed w!o permit Ceiling height does not moat min. 7'8" Appeal 520 Pacific Street October 26, 2010 Page 14 Location Code Compliance Code Sections Photos Issue a Hcable Improper and 2007 CFC Section 805,5 - _ _ substandard electrical Extension Cards ~," wiring without permi4 - _ _ ~ Power strip next to 1 ~ 4 , kitchen sink where a ~ ' range might have been f , previously _ _ i i ;f I - ~ ,- _- ~} , ~~ Plumbing added without TCC 8100 Adoption of permit 2007 California [3uilding ~ Code A105.1 - Perntits required) 7 Kitchen is not permitted TCG 9223b2 No cooking Kitchen in rear unit- not permitted (per zoning) facilities permitted in 'a (i.e. plumbing, electrical, guest unit ,ti eta) ~ N ~' Unsecured and exposed 2007 CMC Section ~ r ;" ._ - ~~ gas tine on the interior 1311.2.6 Hangers, ~ which poses a potential Supports, and Anchors gas leak and fire hazard and 1311.7 Outlets 11 ~"..- 1 within the rear unit I Exposed and unsecured gas , line inside unit ~ '~` _ i y ~~ I ? ") ' ,~ ~ . r ~ ~' ,I P I Insulation is nonrated Wall and opening and is combustible protection 2007 CBC (appears to be straw Table 802 Fire- ,~ _ bale) Resistanre Rating '~ .. Requirements for Exterior r °~" '~ ' ~A Walls Based on Fire 'yl ' , " "`' ~ Separation Distance and , •„` ~~ I ' " Table 704.8 Maximum t' ;; " ~ : ~ Area of Exterior Wall ' I "' '~ Openings m ~ Combustible material - installed between walls i?[II~i '7 IU Appeal 520 Pacific Street October 26, 2010 Page 15 Location Code Compliance Issue Code Sections a licable Photos The room is considered Habitable space as "habitable space" and defined by CBC is a appears to not provide space in a building far _~. -.-, - - - sufficient, ventilation, living, sleeping, eating or -- •o heat and light cooking. Therefore, it _ requires sufficient light, _ _ -- 4,,. _ ,~ ventilation heat, etc a Ceiling height is too low 2007 CMC Section and should be a 12at3.2 minimum TG" .h'~' '" o minimum T6" ! 4 ; ~~• ~ m - ' ."` Q: 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 carduct a thorough assessment.) Building Cod® 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 1D 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 structt.tres 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 ar 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 far 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 i report dated October 26, 2010, with the exception hereby established as November 30, 2010. Amy Thomas, AICP Senior Planner Y enry Huang, P. ., C.B.O. uilding Official ~~~ ~_ ~ Elizabeth A. Binsack Community Development Director n Attachment A of the related staff of the date of compliance which is 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 Surrey 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;1CddWmylCode Enforcement1520 Pacific\PC Agenda Appealfiearing 520 Paciric.doc ATTACHMENT A Notice and Order Community Development Department went via first class and certified mail September 16, 2010 Bret S, Fairbanks 520 Pacific Street Tustin, CA 92780-4329 TUST[N aull_urnlu ours I~uTUI~c FIC1N«ItINCi Qlllt I'hST NOTICE AND ORDERIPRE-CITATION NOTICE DECLARATION OF PUBLIC NUISANCE Property Address: 520 Pacific Street Assessor Parcel Number: ~t09-371-07 Case Number: V10-0312 Dear Mr. Fairbanks, 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 n 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 ko 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 da one of the followinst by no later than Friday, Ooto_ber 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. ;OQ Centennial Way, Ti,~stin, CA 9278U • P: (7141 573-31U(I F; (714) 573.31 13 • www.wstinca.or~ Nutica and Order al 520 Pacific Slteal Soplemher 16, 2010 Case S VS0.0312 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 Sfreet, You (or} any person having any record title or legal interest in the property may request consideration of this Natice and Order ar 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 corrlpleted by City personnel or private contractor, with afl abatement costs being billed against you andJor assessed against the property andJor (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 Gade Enforcement Officer Attachments: Exhibit A -Administrative Citation Information Exhibit B -Code Violations cc: Amy Thomas, Senior PlannerlGode Enforcement Supervisor Community Development Department TU S ~ I EXHIBIT A Administradve Cltadon Process In accorcianoe with Tustln Cfty Code (TCC) 1182(4), fines may lue assessed by means of an adminlstratlve citation as fellows: 3100.00 for a first violation; $20D.00 far a second violation of the same ordinance or psrmft within one year of the first violation; or 3500.00 far a third or any further violation of the name oMinance or permit within one year of the first violation. Building and Safety Code (TCC Sec. 8100 - 8999) violations may be assessed at 310+0.00 far a flre# violation; 3800.04 for a second violatian of the same ordinaries or permit within one year of the first violation; or 31,000.00 far a third ar any further violation of the same ordinance or permit within one year o/ the first violation. The City may also take further legal action including issuing the responsible person(s) a criminal citation and/or abating the violation(s) with the cost of such abatement andlor prosecution assessed against the responsible person(s), the property owner(s), and/or the property ae a Ilan. 5houkJ an administrative citation be issued, the roeponsible person has ten (14) days from the date of the administrative citation to pay fire corrosponding fina(l). Additiatally, the rosponslble peroan must take one of the following actions to avoid additional penalties prior to the compliance date apecitled in the administrative citation: 1) Correct the violation, pay the corrosponding fine(s), and contact the City to request a re- inspectlan, or 2) Pay the corresponding fine(s) and request an extension of time in writing pursuant to TCC 1185(b), which shawl a roasonatlle hardship; or 3) Request s hearing to appeal the administrative dtation pursuant to TCC 1188 within ten (10) days from the date of the administrative citation, together with an advanced deposit of fhb corresponding fine(s). Request for Hearing for-ns and other information on Adminle#rative Citations ~,ay be obtained on the City's website at www.tustinca.orst. 300 Centennial Way, Tustin, CA 92780 • P: (714) 573-3100 • F: (714) 373.31 13 ~ www.tustiaca.otg BUILDING OUR FUTURE HONORING OUR PAST Noucn mw Oraor a1 520 paafic Slroo! SeptamUnt 1$.2010 Ceso M 410-0;i12 Exhibit B Cade Violations at 520 Pacific Street 2001 California Building Code A105.1 (Adopted per Tustin City Code 8100) -Permits Required. Any owner or authorized agent who intends to construck, 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 bulldtngs 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 Scptetnber 22, 20 I 0 1~ECEIVED Brad Steen, Code Enforcement officer SAP ? ~ 2~1Q C;ommututy Development Departn]ent ~.~Ity Ut ~l u$ttn COMMl1NITY UEVELOPMENT4EP1' Letter of Anncul for: Notice; ~]]]d Order/ Pre-Citation Notice lleclarativn of Public Nuisance Address: 520 PaciiiG Street, Tustin, CA 92780 Assessor parcel number: 4()1-371-07 Case Number : VIO-0312 Dear Mr. Steen, ']'his letter is lie appeal arut request consideration on the recent notice [ reGeivecl regarding unpertnitted u]]its. The cede violation reads airy owner or authorized agent who intends to construct, et]large, :iJter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, renuwe, cor]vert or replace any electrical, gas, mechanical or plumbing, system, the installation uFwt]ir.h is regulatr;d by this code, or to cause Any such work to be done, shall llrst make application to the building ufticial and obtain the rec{uired perrt]if. l have no intentions i~Frebuiiding or reconstructing any puztion oFthe said structures. 1 purchased the home over 10 years age and the stz•itctures already existed when I purchased the property. I have provided evidence to show that the structures have e:cisted For over 50 years. I understand tl]e city has na permits oFthe struchtres on my property but that is true fur most homes built in old town prior to ! 950. Most ii'nol all of the homes would be in violation and considered a pub11C ^ulsanGe. Witt] regards to the other violations regarding conditional use permits and lot lines, I am not in violation of these Guiles because ilie structures existed prior to issuing uF 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 accarcling.ly 6ow~ver I do not feel 1 have violated any code and am not in any way a public nuisance. s i nce~~rel y~`~_ l=iret Fairbanks ATTAGHlUIENT G Site Plan dated 8130/10 t ~ ~~~~~,~ s~ ~ ~~ F-ra~r~tF ~ > ~ ~ Et ~~~~g~ y-12'-S" ~4' I ~ I n ~ ~` Q ~ b~ '4 -- ~ ~ ~ ~ ~ _ b.. S ~n cm ~ ,~ ~ ~ „~,.,IJ .,JI n~ -- ~~~ n~n h7 I8' 28' ._ ~ M~ b 'y E' --~ PACIFIC STREET Mai ! ~ d 8 ( ~ ~~ I I c ri ~ T1 t -• cif! k,sG,Rt FAIRBANItS RESIDGNCI; (,~~*'~ "'~ `ill) PAC;II+IC ;~'f'ItETsT Tl.1STIN, CAI.II±C}PIVIA 92%fID ~ I ;III a~ ATTACHMENT D Photos taken during Sept 10, 2010 inspection 1~ ~ ~ti ~ ~; ~~h~II ~~,wli ~~~~~,~IF ~1 ~t ~~ M ~,I ..., q r. ~ II~J~~~ ~~ 1~ ! 1 {~ G ~u ~1 ~~ • n.~ ~~~~~ p°~~tn~ati~' ~ ~ i i~ ~ ~ ~ t~ ~ N r r. ie, c~ 4 f~ '~ /~ _~~J ~' ~i ~ ,., I 4~,~ ~,.,~ ~, I ~ _. ~`f qtr '~~TR,a~~i'f,.f.~',i,,~~~'/pi err. "~ . CJ Ill a ~,i I•} 14f r,/ 9\ ~:th ~i u, n ATTACHMENT E City of Tustin Historical Survey for 520 Pacific Street ~:lI7I'~' ~lF '~'~T~`lI'~RI 1~[IIII~'1C'~~~(~:.a~I[. ~~~~i']~~Y ;l t) l) Gt ILSS: .;t0 NAC'tl'IC ST VyA't'k~',: t n'l.~) ;i'I'Tf r.lE: ('ALJIf'()2'~llA. I~~~Ptt;ifltA)~t3J !;c)lJ1Rf:L~: ~i°I'IN~G: 'l' tr ,1 IL'l'F,IZA"TIOllS: l l IS'I'Ull1:ICAI. IAI9"1'ItICTs "~ a:~,~ ritncJ d',i`d'~': r,~ t~:~ ~~ ~><frm><o;a; 'i'h~c single-storied honsa ut S20 is topped wish a front facing gabled roof and matching conterod porch. A small louvered vent is rcuG:rcd below the peak. Shiplap sidutg, in a style made in the 40's and 50's, covers the gables, indicating that the roof is not ~x;t;innl. Naxra~v clapboard siding covers the first floor exterior. Square posts, resting on tailored clapboard-clad piers, support ~I~c: rcx>I'. 'l'hc noncrcto porch oxtcnds to each aids, tapped with pergolas. The front door featutea a mullioned border and is flanked by large plato g'tass windows, llouble-Hung windows are used throughout the rest of the house. A red brick chimney on the south :;i~1c is flanked by windows. A carport and a two-story clapbward-clad garage are located on the south side, bohind [he house. The g:a,ugt;, whicH appears to be original, is topped with a gabled roof with a hip at the peak. The siding is narrow clapboard, whic[t r:~•cii~s ro indicate that :.tto house once was also all Clapboard-sided with s hip at the peak of the front-facing gabled-oot'. !~1r1v11~IC~nie~: 'l'ltis California Bungalow was built an anc of the lots along South Facific Street which were subdivided by harry Marple. lie was rho son of tZs'chard and U! ins AAarple, trait growars, who awnad an orchard on dtis property from tN03 until efte property J>:~sscrJ to Barry in 1924. lie dedicated a strip down the ccntor, from Main to Sixth Streots, for the extension of Pacific Street. Jlc sold this Jot to Georgo Gaylord in 1929. 1'he Gaylords recnivod a completion notice ou their home that ssnte year. George was a well-liked wood shoe and physicril t:dueadon instructor at the 'Custin C,ramtner School for several years. After he ratired in the 1~15U's, !tc bccar~e a carnentor. The Gaylords were still living in the housa in 1965. This bungalow fits Svcll into the titrCC[SCapC of the Tustin FI;;toric 17isinict and conuributes to the tree-lined street lxcause it is of an appropriate size and scale. ATTACHMENT F July 27, 2010, letter from Mr. Bret Fairbanks J July 27, 20 l a City of Tustin Community Development Department Justine Wilkom, Principal Planner Dear Ms. Wilkom, My name is Bret Fairbanks and Y am the owner of the property located at 520 Pacific Street, Tustin, CA 92780. We are currently selling our Name and are in escrow. CKrr property has a single family residence in front with 2 guest homes in the hack. According to the attached county records we have 2 addresses 520 and 520 %, we have and gay 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 1 could do to help speed up this process please let me know. ~F.~ Bret Fairbanks C.P. (949) 933-b88b 'sign Type Codes 101 -Single Family Residence X02 -Multi Family ~ested By Address ~.~J ~,~; r~~c'~ X99 -Misc. Improvements Phone ( ) Signature PUBLIC SERVICE INFORMATION FORM MULTI FAMILY RESIDENTIAL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 INISHE BLDG BLDG BLDG BLDG UNIT MIX GARAGE / APN BLDG# CONST YEAR USE CODE DESIGN TYPE BSMT SIZE IZE-iS 2ND F SIZE 3RD FL SIZE SIZE 4TH FL 5THlUP ¢ ~ o ~ ? m ~ ~'. CRPRT SIZE POOL YIN LANp SIZE ~ %v. ode ~' J j ~ !, r!' ~~ Z Zcu' L i ;~~ m cn ;. .-~ , .~ c: c r p m 0 horized B ,(,2.i Check Amount $ Cash Amount $ Mailed Date By OUATTROpRO i ~,C . ~• ~~ • ~„ rro~. ., •,',i n ~ s- P! G'1 S~~y' ad Hw ~-~-~- rew ^~.~ l~f-~e--wu1 .+~Nrw n a~-~nrv.a, ~. r. ow~f ~..: , . .' .__~.- i , xi,, i ~ l ,iS,, ~ • .. ,..~ 1~h ~,}! ~I ~?~ .', 'k ~. 1.i ., ... vAr'~ r. ~ u b ~ s ~ , .a MISCEI.LAN6~U5 STRUCA .ec.rpNan r.. Fsoa o~rundene Ana ~ cwi 4n~a ..t~~ M: ~dYJST ~1~"Ie~ L2- a~ Sfro~~~. µ•~ ... D'nirici ~- ~~_~~= Tr~Ct ._ ~h.a ,R.P ~ ~ ,. ,~ u d1 'D"~3'7l -tT~ ~r L t~ )<3'q ,3,~ ..+trr°' ~ .. , , z-- . .ORM OR-1 ibtl!-90M) ACCO. IA~~~ Gerald- ' v~~~fngl~l iirawl wAUS' cenu. trsn Aiam_. .r., t r 4 ! ~ FoVNDAriOH ~"rsat-: m. u. co~Kr ... ~tuare/ r~w`. aumt ~1'~ ' lu Yi[fOq , - JaliN .: x OC7~HDR- f` STngla~: OouWi, -.. Sfwtw; 1 Ir/J ~ B Hat9~r~aad -yam- Thlok . ., ~e4' ~ aarn,: ~i~d'Sti'fo[ 4 SEntH~4" / Y ~ E LSr Ala ,:.~- ( Oeuble - pp ~~ 9TH P! od FiatQrwod ~!`~ Ehic[: -'; -~ GtmCde• > St OR: Cr: . r/ ,i r . p. _.. - `~~~ h . _. oar ~~ ~:~i ~ ~~~ _ T~~. _. YSAA _ _. C`Hti ~ ~d fir. Forsad - . „ _ i ~ .. . __.. P'r7'. 121: . . .. _: -, ^.'-~-`. ,~ ., . QLAS4- " Ret. CaoY. __~: ; ~~s ~~ g ~ ~. f ~ ~~ 'i~S ~ ld `~ ~ ' cunderl . ~c a r . . - - trill arts' ~.,r aye •.,. ~' i ~ . -. R .,.~ , p "~Y MsL$ Arsae:- 14 T ... _ ' r ~... .. A .3Yr{ ~ ~ -~ F ~ -- YII ~. -ItGkMD Y 7 r K. U _ r a~B 3 :l Sp 7L as.d c~ ~` ~g e va ~ ~ ~ ~ lor ' J NC , 3 ~.. r'~ wd II~~-~ ~ a p . . r"~'~. ~~~~ Aso ~ ~asiad 13~U A fs n ~ j 3v • • ~ ~i ..'~ i .. i rJ. ~~ t r ~ r i I H 1~ .. .. f i r ~~ I ` I I f , , .._ ,~. t-V' SKI. •':4 Y ~'A ~r~ ~•1 r ~}~'. yid s _...~: ~_ Ir• {~ ~~~ ~K I ~~~ -~ ~~ ~~ ~i ~i. 0~ CIE COUNTY ASSESSOR MULTIPLE ~NTIAL UNIT APPRAISAL RECC 90 _ rnnr_r _ nP r~o q01-371-07 E7L UGK PRGJECT NO. LAND VALUE COMPUTATIONS LANG OR UNIT A ~EAII L'Mll ~ 4N11 YA;.I:f ~I. 'l: ~ rYlfi TIl - - ,. : I :EPT~I -. I ' / 979 ~" ~ ~ ~ ~ • I ncRen ~ '. ' - L nEPHE9EUrA flvv SUMMARY e'IHRlGUI An cuL-ue-snc. ' 'J _ !d ~(~ C.; I~ NO -- _ _ E~ ~ MO ~1' rctl ~ HO 1 AEtll6l NENT YGfl P A E _, J~ ~_ I ~Q~~ E I COhNER YES ,~ NC T P MlB R _ MONTN _ OAr YEAR I ___. x r F AlL!'{ ~ /~ _'~ rFB L NO N.GN, _« i . Ip 1 VIEW _ 7 ~_ 7 ~ h.C.L.N.O. ? , G M '_ ;~ r ! O I 1 1~ 3 I I, 111oN-ET T110NT r!S r. NO ~, LAND VALUE . { ~ ~v. ~ rl f ~U I I V L~ IR. AHCN ArgAC: ~ _ I -~ 2~ ] r-1 3UMNAiION INOIGAipfl ~~/ ~~ ~~:L.L_L.~_...__ ~'i _i J1J i 11 UNIT f.ONEORM _ r `I ~i'l 71~.. -' L C. E. A. M D I ii I UTIL ITIE3 ... 1 ~ 1 - S (, _: __ -. . . . & 0. A, M. INOIGTOII ~ b ~. 9 ~Q Ip I LANp IMVS _ I I"' T E-' I f'-I ~ -I UNIT MOLT. INDIGTpl1 f ~ ~ 1 la LOT nrILIrY i -. _ -..- I ~ x ] _ - INpICATEO L11F3 MICE I ~ ~ ~ ~ Q~Q If' WATER FRONT I YF3 ~ NO _ - L13TIIb PIIIG ~ ' ' 1E OpCKINb Rlry, HT8 vEtl rl NO t-I l..i IJ ~~ i _ Il 20NIN0 ,4 ~ TOTAL vhfNplTY VALUE _. _ _ I ~~ Q Q 70 ZONING CONEORM~ YE6 t- NO f'1- LANp VALUE ~ IMPROVENtlNT VALUI ._ -. -- .~ _ ,Z ivQ Zt LANp UEF ` - .__ 1 A a rI r PERDONM._PIIOpEATV VALUE E2 M13pLACED IMP _ '/EB ''~ NO -.. I _. 2a TIIC IJNI7 ~ _ 7~ tr"~ 3, v i TERMfi~ ~- ,~.fi 1, _. :~~ . _ _ .. ~ 2+ M1NE71M RlpNiy v!D r, H9 r'1 ~ . .. _ _ .~ - ~. t.r • .... '•• ~A ~~ _ ~jr a'~ AIS C C~ ~ /" 1 tp E%CB6HvE inACSlr. .. Yc6 - NO rl t !_L ._ ~ r ~ ! ~ ~4p i.~ IK. /.rt ~~ P 1/7 _ M TENANT vMKING T - ' ~ t J ]J .. -../.. ~~ _.. rJ.~ _ / - - - v x --- x 1 r- T 7vE37 ARKING _ ^ SI--I ~ _79-80- C.i~.,~.r:r~_ .~,irc [°.v°' 03.'Cz-.b,(~ r.N~[.1 o.vcr x DIFTRICT j/.L"sE'dT4~ it U3 CO " E DE ) ~ •%ye~F ni v ,<<9_~ ~ls~!M_N!77S10 .80/'x_ ~+kw9d~' am T - . -,.__~wAr'.aR'. S'7X~ic7G_. _-._.. JG.cwr.rL~ S' ,2-/3"~- ~ __ _ -- ~-- .__ _.._ _~ _ ~ --r- _ - - .. _.- -_ - - - ~- - .~,..~... --u.a uv co_~w_, DK'~p A/o ~4I1Jfrsrx Hr N wTaA :to -3 FORMEFLY90 - .062-090+OS __ ...~ ~_ u .~. ,,., I .f I INOVIT :'8fi YEN ~ -~ NO r --- 421 CLU3"rER r.vF YC6 - HO r _ - _ - _.-_-. - -- _ _ __ ~ _ I lUW HC CDn~'ONM r Y s 1--i NO I - ~~ 1 --' I - ^, -~ -~ 41I OA TR LI+ IMn! _ ~-- ~ _ - - -- ' 4Y i SOr.:(Al RERVIC ES ".-1 ] "~ --y' L' ` K8 rM T~ ,~-- J fy-- IJ I vUBUI' SENVIC ES ' 1 ^ ) ^'1 'DIAL R. GL.1/ D. ! i MINUS MISC. A.C.I.N D. I -AOJ N C.L.N D. NN vv ~ I -~~ -- -~~~. MARKET MULTIPLIER INOICATOR9 SI' ~ `" rc ~._ " no. o N oATe ~ -- cASN .em! IACUMf UNIt: vEi liN l! ~ f f, A, N f IINIi Muir a. ~ II i --' - .~ - CONCLUSION ~ YR. / 9' y 9 ~ 16 .~_- P VALUE I T a _ .. ; _ I . LANs ~ J 1 _~~w Q.Y_l {~ j ' ' APPRAI9ER~& OP _ _ ,/ ti f s~~r 2 0 o v T INION Np IAIE GA. vEN YALUC ~~ IMIT6 UNIT INC ~ Tpiu INC. I GA M. INRICATpR ~INIT MUIf UMI vAIU _. _l-.__-__. I ~ _ - - _'~ N~„.m :9 IMPS ao. TraG- NutnbErr I ~!" T O~ r ~ . I ~S,nss_`,7_~ -J ! I ~ F ~-.__ _. ~ I _ ~.. ~ N PER80NAL PROPERTY YAI.VE INDICATOR r wLm o p V GATE UKIT1 v rCl 1M• vM. INOKUITdI CihFA vE Va rAa' ~1 i[' _ IN171C - ---- )~ I I w_ ~.~ _- .. __ . rv_ 7ALt~F - _ ~ rs9 a NU ~- _ ~ _ i, .usLr,rtE NI.Mb'p 7~ '1' tl TTRI9UTE9 USE T1fPE Mlll iilr~ tF-- _ E7[TEgIgR :.1! 1::.0 ~ FLUI;N ' I TERIOR Fi N19H f)FTAIL tJF - l - ~'~ Ml1ff.L _ , ,. INCA tNl N4 -' - NALLT ' ~ ~ coNOa _ cn:!Sr r,lnlrou NiNOCE ~ III VNiT A40M OETAiI --- - ---' '' A,, - . -.. _ CCMMUNI'V . _ Na SNAKE {'N I I .' L!iN - •L~- )l re_[ ,:c ,!R ; . I i;A N.'. _ ~'. r' !1! ~ sT . •N rill ~ 7D -~ - ALAN DEMEL ~ ASGiHTDY I eke t I ~ _. I__, I -.. ~. r! cMaLO rC~[ ,lu ' AO ~ ALI7MINUM - ~ -~,~. _~. . ~ -~ ~ ; -. ; ~. i :b IG E NA;E N I I L ^•'IM ! FI,Af ~ I HRIr,K 'iEN ~ 5Tl]NE v4N - ~ ~ ~ I ~ I -_._-_ F9rl'Fr- v r J - ~ ~ N,I' r I E WINOOWB A q DESCRII+TI4N CYTRA COST OE'1'A(L ~ l uA 1 ~ :V I ( ~Fl: ' ~ i i1 S .. Cll t.Up • . 11N y/( ~0 l:•.MT ~ 3EL lit ~IC+ 1 1 I tl. til tif, ~,: ,+a pr :, _ .. _ ~ . = _ 'IAIIT i I -- : C!31 7 i F.r FPf'1,'F tar, i+ BOX FAYEG W.IO -1. .MINGLE i~LYpR. I _'TI IIT r"~~t ' 1N nEPR'cC,A)IUN iVnr SNAKE CCMPO 3NINQLi -. A' ~ G NAI.'. ~ Gu O. CL. ISDORe ~ ~ ~ 1 ~ J; ' i UIfGT1711A1 FLAN -" ~ C.nAtr/O RgLL 7hF7 A 4RAVft - I RCFRInI ~~FlX1UR@$ I _ _.. _- +-... ~ - - _. _ _ p3 CONDI fII?II _ I ~ - :I-~ ", I TILC CONC C I ! FCIY ~ PAIR [YAr _ ~ IAYO~ fAVp ~ ~ Y~-` ,-- ' ~ AA WQRKMAN.SNIP , 1 1 1 -' ~~ _.1 ' _ ____ ' MN• of ono ' ~ ~ ' ~ '- ~ BASIC COBT DATA _ YI A nEC zPO ~~ MISCELLANIOUS STRUCTURi6 FRANE ! ~ '-- 1 ua onwlnAL IMr coeT f CT. NLOCK i ETRIICT 'i.~~k~ cOD¢ i FVUrygA7~~N - "[GC91PT.r.N 'f 17t NO ~ IINIf G057 !tl C06T INDEX CCDi ,RIf:K I UOIIE I ' - I.ONCRE7E HAIR! COMCR[TF CLAD ~ " I - r _ _ - ,- ~ ~~ 97 CoeT YR. tlhLE ~ [/J W ~ St'EFI. ( GONO~Ei2 OLOCR I 111 ~ p - ( _ -. __ --' l ~ M OE81UN IrrF ~~!n a -- ---~ __. - I 1 ~ _ tlY (xJAI CLAe$ - ` - , _ oo ewalc FL. AR-n f~J I YI No. eF LlNlrc ~ -' 97 GR. GCNST MGp, -- , Y] NO, t7P FUJ. I -. • I eE TGIAI NO. RENTAL UNItB : .. I .. _.. . - . b FLOOR ti I W fl AREA - e7 NO. Dr UNI T9 i-_.~__._ iM FLDON X _. I- _ 1 YY cL AREA _ I ftq NI,1 r1F IJNITB I lnl FLrJi:R 1 _. _ 1V'1 Fl ARFA IYaI NU, nl 'l/rlfV r 1M ~ ToT Pt)RC/f 5 Intl uECKi Si AIR l {r. f.7 _ I'A h.C ,ENT 'r Ee ~7 NO ~. 1071 NEAT CENT, vE3 r NG ~T - -- +a I A.c. coaT /GC D 1 lAe h P COST ', l1Yl EX. P,If CO$7 I 111 I Ex, rl-oD. cveT _ l~ 117 ~ r.qy PA7, 4 ' I 111 l LNURr~::fr, + ~~~ CORIPUTATIONE rn'u i ,~rv A •FFA ,INU rq 1ng7 ,R 116 I NEC HALL 7 ~ - -r--.-. .cuE ;n ~n ;anr' ~-T r :OGT -C5 -. , 1leINELf.EU aM t I - C O!T '+T~l,'ANANA ry I ' _ :Ix I .IAN ~RFA _ _ ...- _. -- - _- - -- ,.. I CANPnnT n _ . :) I F N l•o:r .• 1 _ IM I PCK1M rgN+=E 1 ' - ':M ~ •pO1 f:CJ7 .. - urxll narE _.~- _ .8 .LCe rntiT - --- ic4 si.f:p DATF. i y - - ' :W I++IUIJrOE r-p3'+ __. - SrEC MVy , DCSIGN IYPF, 9^~1C P( ?r LPN ' :AY ~P L' COT ~ , tlASlfr GU81 FAOiP%: _ - _ _ - - - "[r`^ ,aal,.r rf'F •_ IIO _ ~J AREA ATU rAY,: iCIN _ ~ _.-__- .,t~ OROUt CfJN51 FAC~Cn 'i I' 4 .MP• '~73 ~- . !._ : AAII,'RA.I(: CC.Sr •NUa _' AL , _ _ ..... , .. .*, a~alc.cos7 PA~TDR _ .l .. a,r - 'a: •REA AW. FAC Tpw .= i 'hYn Nc; of ~ --__._.- _ J Ttl __ vROUF' CCNGT. IIG'U!' __ ,,n ,+~ n _~.cp r. _ , .Alrt n+AT .. ._ _.. .an -._ ADDAE59 - ~AACT D1ST !}T _ UWF7ER _ -- .. 3L15Cr FMT ~ ~ - G ATE ~ T + - - M r ' _ _1...-. .~_ FINISH OHTAII UNIT INTERIOR FIN19H f -7 ~ - / WALLS CEILINGS ~ REYARII; _ 6 1 ;IOf ai - 5 5 C E, DATE i ; 6 N E.NFI CIYEE Hq } I -- A f CONST. DA7F I ' I ! D 6[SIGN iYn6 ~- .._ _ 7 1 OlIMIE, Trek -' i - -T - i ? EFf ECTrvL YEAR ~ _,.J ~_ ., __ S ^_ 7 7 DEPRECIATION TAOLE C~r - 7 1 FUNCTIONAL PLAN ] n i !-~ 7 f~ L J I I C.R I WALL CAD LT , l 7 CONOITIGN I ^ x IJ S a ID SPLASH 5A5[ CARE F T. f 9 WORNMAN;HIP 1 f-1~Z r'I 3 n ~~~~~f...,fL4Ylwy ~[ nom. ~~ aCU MMJ M ISCELLANEOUS 5TRUCTURE S e - FIxT11RE~ _ u No of ArH AMe FAlll SfIIUCY. I FND CON I E%I I ROOf FL INT _ SfZE UNIT caer EI OTHER AV& AYO. aAR -_ _ - ~~ 600 _ / 1-.. __ ~~ !! CCNTIIAL HEAP rE9 ^ NO " 1 REC. _2x0 I --' - { J ~~ ei CERT. COOLING YEe ND _ _ - ~ .__ ~ ~ _ . . .. NQl1 'elf ON Fa ~; - - ~ ~- - - ~ e/ COJT LEvrtl BASE .Fl ,, 1 ~9LrR EM1 -J... -~ !i r. - v ~ '3 C09T FACTORS _ ~C>~11fYE' [7LOS:x i _.. f.P _ _ _ ~ ~ ..~ ----. i 1 [e QUALITY CLASS i.!:'~ J - - - f , n AREA row Moo, , ~ ~ vo u/ rLR AAU _ I 91 ?nq FLR AREA 7: ;nq FLR FACTtlR 4J )~q FLR AREA 4A 7ro FI,A FACTOR 94 ATTIC AREA 46 ATT1a FAC FOfl 97 FIN eeMT AREA 9e i1N eDMT FACTOR NAT1D CAST l lq GAR CLA;S DET ! 11 CAR LLA55 ATT I [7 .AR AREA IT F W ARCA -- 11 F W CO;T APPR DAtE - . is f lNCi cosT Ko ITEM FACT. AO~R NO. C09T COST in M lsc 1 i/ I - VOL C061 - _ to r aol DAVE ~ 1 14 D _ . OCK IMPS COST , I .... I Z.a D OOR IM17 DATL I - - I il D [F[RR[D MAIM YES LJ NO~ ~ - _ Iz x S , rE~ IMfE I f ri 4 0.L]IDE f.pNEt l. . _ _. ~ __ ~I 1] I F _-- . c C0.ST5 I [ ~ .__- RCl1 RE6 n ' - -- RCl1 qL RCI,ND Rl~Si x i 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 ~ TUSTIN SUBJECT: 20NING CONFIRMATION FOR 520 PACIFIC STREET Dear Mr. f=airbanks: 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 ff 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 prope-ty, 520 and 520 '/z Pacific Street. The City has not assigned a '/z address to the subject property. Pursuant to Tustin City Code Section 9273(c), "A nanconforming 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 bean 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 304 Centennial Way, Tustin, CA 92780 • P; (714) 573-3100 • F: (714) 573-31 13 • www.tustinca.org BUILDING (BUR FUTURE HONORING Ol1R PAST .j CC: Elizabeth A. Binsack Dana L. 4gdon Justina Willkom ~~ S:1Cdd\RyanlZoning Confirmatian\520 Pacific St.doc ATTACHtVIENT H Report prepared by Thirtieth Street Architects, Inc. thirtieth street architects inc. octnber 20, 20 I o Ms. Elisabeth Binsack, Community Developrnent Duector City of Tustin 3UU Centennial Way Tustin, CA 927$U lte: S2U Pacific .Street, Tustin Dear Elisabeth: Jiurnrlirrg prirx~rrnls john c. luumis, architect jumcs c. Wilson, architect priecywl clwood 1. galley, architect Pursuant to nur letter agreement, we have conducted a cursory review of the photographs o1'sh•uchlres provided by staff of the existing structures at 52U Pacific Street. The following is a summary oi` 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. 'Loring Zoning issues are not part of nur Scope of Work and are not addressed. Building Sequence It appears that the main front house and two-story ne loft type carriage barn may have been origini~lly built on the site in 192$. 13nth of these structures e:chibit 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 wits later modified. It appears that the original development probably involved one living unit iu the main house. 2821 newpuri buulevard - newpurt 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 rddition of the stairway at the left side of the property. The carport and rear one-story middle addition may alsq 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 tit the rear elevation of the enclosed entry is a clear indication of a later alteration. The date of these ~dterations is unknown, but they were likely constructed much later than the original residence, probably during the late 1940's or early 1950'x. Later, another rear addition was constructed that may have initially been used as ~~ garden shed or children's playhouse (because of the very low ceiling height). The building has vertict~l board and batt siding anti 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, baseii on the knotty pine interior. This is a very substand~ud 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 ever a shower. There is evidence of fairly recent electrical work based on the yellow Romex that is vixible in many of the building cavities. Changes in Use The original development of the site in 1928 included the construction of it single- family residence with one living unit and atwo-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 fi-ont stair, carport and middle addition at the rear. Another rear addition was added behind the middle addition during the late 1954's or early l9GU's. This very substandard structure was probably originally used as u storage shed or kids playhouse. It was later converted into a third living unit. Historic Signiecance 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 wait was added, the middle, two story carriage barn structure appears to retain enough of it's original architectural integrity and detailing (horizontal redwood siding, c~upcnter cuts at window trim, 2821 ncwport boulevard ~ newporl beach, ca 92bti3 - yd9/fi%3-264;i 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 r~vith the architecture of the original structure and are, therefore, not considered historically significant. [3uilding Code issues There appear to be a ^umber of serious building hazards <uid 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. Tlvs addition is illegal and constitutes as hazard, in our opulioo, 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 consh•ucted elsewhere. 1'he 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. h'urther Study Further research using Sanborn and Builclirrg Survey Maps could confirm the construction sequence aril provide proof of construction dates. There also could be information relating to the use of these structures at the time of mapping. The cast of retaining an Architectural Historian to research this property would probably be about ~ 1,000. Canelusian 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 runts were added much later, post WWII. Recommendutiuns We would recommend that the illegal stairway be rerrroved 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 ne~vp~rt boulevard - newpon beach, ca 92G63 -949/673-2643 We do not recommend the occupancy for habitation of the substandard, rear additiurl. If you have any questions regarding the above, please do not hesitate to contact me. Very Cruly yowl:s, Jcyhn Lnolnis Princip~ll "2821 ncwlwr[ Uoulc;vard -newport bcuch, ca )2663 -~I4)/g73-Zb43 ATTACHMENT 1 PC Resolufiion 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 properly 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 adapted California Building Cade, 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. li. 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 Cade 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 construcked 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. 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:1Cdd1AmylCode Enforcemenl~.520 PacificlPC resalutlon Appeal 520 Pacific.docx EXHIBIT A OF RESOLUTION NO. X161 Table 1: Code Compliance Issues EXHIBIT A RESOLUTION NOs. 4161 ANU 4162 Table 1: Code Compliance Issues Photos d c m The use of the proper) as a triplex (with 3 units) changes the building occupancy from R3 (single family residential) to R1 determined if footing/foundations exist to provide adequate structural bracing and support to the structures between units; therefore not in compliance with one hour separation requirements which poses a potential fire and plumbing (Including HVAC) installation work done 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; 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. 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 Section 102.3 Change of use or accupancy; Califomia Fire Code Section 102 Unsafe Building or' Stiuclures Section 102 Unsafe Building ar• Slrrrclures 503; Califomia Fire Code Section 110.1 Unsafe Conditions TCC 8100 Adoption of 2007 California Building Code A105,1 -Permits required) 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 r.....: ~~ , ~~„~ ..s`~-~ . 'r~ q ~ x,11 i~ _ w Multiple residential units built after original structures w/o permits ~h~ C3alhroom lY in upper unit w/ no permits ~. ;. Second and third residential units ~.J 1~Page EXHIBIT A ~° m rn 0 .a m r .~ 0 Y N .~ C O v d AND 4162 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 incase of fire or other without required permits does not meet clearance requirements and creates a potential to unpermitted furnace which causes potential fire hazard. 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 8100 Adoption of 2007 California Building Code TCC 8100 Adoption of 2007 California Building Code A105.1 - Pent~its required 2007 California Building Code A105.1 -Permits required facilities permitted in guest unit TCC 8100 Adoption of 2007 California Building Code A105.1 - Pemrits required Photos lnsufflcient setback to PL I' - Electrical device next to heater Kitchen in i upper unit _I _ r ' 4 Z~Page ~xHIBIT A RESOLUTION NOs. 4161 AND 4162 Location Cvde Compliance Issue Code Sections a licable Photos Shower added on to TCC 8100 Adoption of ~.~.:1'r~ original structure, Thls 2007 California Building ~ ~~ requires a building Code A105.1 -Permits ~~ ~~ ~ permit to add additional requin;d) ~~ square footage {pop- out) and permits for plumbing, and ` waterproofing. ~ ' - Shower added wlo ~~`~-~" -' ~ ' permits -~ _ -- s"_ Railing has no TCC 8100 Adoption of ~ ,' intermediary posts and 2007 California Buitdiny ;~ - No inner `f the run and rise are not Code A105,1 -Permits compliant with Building required ~ ' posts ' _ Code requirements nor TCC 8100 Adoption of / l 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 _ A ! ~~ ~- - ,~ children. TCC 8100 Adoption of 2007 California Bui-ding ' ~:" ` -' I - _ ~~ °' Code 1 D13 Guarcls - guards shall be located ~ ~ I ~~ =-' ~~ ~, alonfl open-sided e walking surfaces - _ ., I ~ including stairways i ~ ~'e~~(. located more than 30 _ ~ inches above the grade ~ below .~ There is no property 2007 CBC Section -n line firewall separation 1024.3 Exit discharge o between staircase and location Window at PL y the property line. requires 5ft rn setback i The stalrcase is built TCC 9223b2(e) requires - ~ over the property line 5ft. setback to property ~ A guest unit requires a line ~~ 5 foot setback to ~ property line (PL). / I t3r iiit over PL There are several . ,~,~~ issues associated with _ ~ r the location of this staircase; most I ~~"~ imminent is the lack of . _ r. , °;`~~°~ _ r 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 aseparate - floading, storm sewer system 2007 CBG Section 2007 CBC Section J109.4 - Drainage across property line 3~Page EXHIBIT A RES(]LUTION NOs. 4161 ANb 41G2 ~l_ocation ~ Code Compliance I Code Sections I Photos Structural supports do not provide sufficient supporting rafters Roof members are undersized to provide adequate support 1= 0 I? U The carport is attached to both the main house and the 2-story garage and attached rear units; making this a tri-ptex unit pursuant to building code fire rating. These deficiencies create access hazards for fire access and may pose additional hazards to occupants since the occupancy changes with a trf-plex (common metal conduit (EMT) between garage and house. The potential for darnage and failure due to the exposure of the line is increased and poses a potential fire hazard. 2007 CBC Section 1604.1, 2301.2 General Design Requirements. Floor joist supported along block fence rather than cantilevered from the two story structure Change in ocarpancy constitutes a multitude of CBC and Fire Code violations: Califomia Fire Code Section 102.3 Change of use or occupancy; California Fire Cade Section 102 Unsafe Building or Slrtrctures 2007 California Building Code A105.1 - Pemrits required Inadequate structural supports Carport attached to main house and garage Unsupported line over carport ,~~ ~ - / 1 ~. 4~Page EXHIBIT A RESOLUTION NOs. 4161 ANU 4162 Photos m w ~° co C7 c m ~c a N 4Y Rf Ul 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. Romex cannot be exposed or unprotected and must be attached/secured. (Romex was first used in the 1950's. Color Fire-Resistance Rating Requirements for Exterior Walls Based on Fire Separation Distance Exposed Work and Article 330.30 Securing and Supporting Romex wiring is unprotected and exposed New junction box without permits rating requirement; 5 foot setback required to property tine to protect occupants from fire hazards; or safety personnel responding to an emergency. Requirerr~ents for Exterior Walls Based on Fire Separation Distance (1927 UBC Section 1403, less than 3 feet) 7CC 9223b2 minimum side yard setback 5 feet Min. 5 ft setback required (zero - 4 ii provided) S~Page EXHIBIT A RESOLUTION NOs. 4161 AND 4162 Location Code Compliance Code Sections Photos Issue a licable Neater Installed with a TCC $100 Adoption of gas line without permits 2007 California Building It is installed on a Code A105.1 -Permits combustible wood sided required ~ ~=' wall which poses a Subject to manufacture's ~~~ ~~ Heater ~ potential fire hazard due installation standards and ~#_ installed to the combustible mechanical/plumbing w/o material permit ~ - permit Iw ~~ Ceiling heights vary and 2007 CMC Section ~l do not meet the T6" 1208.2 Ceiling height ' height requirement minimum -_- - - ~ -- - ; t ~ Ceiling ~~ ~ height does not meet min. T6" ; ; ~'~ ~I y ~ 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 _..~ ~a c ~ _ I - a- li + _~ ; - v • , - ~ I .. Plumbing added without TCC 8100 Adoption of a permit 2007 California Building ~' Code A105.1 -Permits rB(tUlrleCl) Kitchen is not permitted TCC 9223b2 No cooking Kitchen in rear unit- not permitted (per zoning) facilities permitted in (I,e. plumbing, electrical, guest unit etc.) 6~Page EXHIBIT A RESOLUTION NOs. 4161 AND 4162 Location Code Compliance Code Sections Photos Issue a licable Unsecured and exposed 2007 CMC Section ~,-.-; ;;F . Y-1 gas line on the interior 1311.2.8 Hangers, ~ which poses a potential Supports, and Anchors I' _ gas leak and fire hazard and 1311.7 Outlets ` ""c within the rear unit .I ,~ 1 Cxposed and unsecured gas , line inside unit i t I ' ,-,' I ~, i i t. _ m Insulation is nonrated Wall and opening and is combustible protection 2007 CBC (appears to be straw Table F~02 Fire- bale) Resistance Rating .. Requirements for Exterior Walls Based on Fire " • ~ Separation Distance and .,. ~ ~ "' •~~ , ,~ ' ~ Table 704.13 Maximum ' t; '`, ,, _ ~,;, ~:: , _~i ` ~ Area of Exterior Wall ' ~ ,~__. ~ '~ Openings ,_ r ~ L ~ ~ Combustible material installed between walls zoio ~ u~ The room is considered Habitable space as "habitable space" and defined by CBC is a appears to not provide space in a building for sufficient, ventilation, living, sleeping, eating or °' heat and light cooking. Therefore, it requires sufficient light, ~-- -~'~~~ U 1g ventilation, heat etc 1=? ••,.~~ _ ~ Ceiling height is too low 2007 CMC Section '-~ ~ ~" ' ~ and should be a 1208.2 minimum T8" "~ ~, minimum T8" ^' k ,, ~ ~~ ' , v ~ ~ ~ ~ C 0 r ~~ ~ h h ~~ ,~ yL ~7 .~: 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\/~my\Cgde Enfprcentent\SZO Pacific\Code violations.doc 7~I~age EXHIBIT B OF RESOLUTION N0.4161 Notice and Order Community Developnnint TJi~~c~rtment ent via first c;iass and certified mail September 16, 2010 Bret S. Fairbanks 520 Pacific Street Tustin, CA 927$0-4329 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 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 'ode is a public nuisance. Therefore. please be advised that the Gity has determined that a public :-iuisance 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, 20~ o: 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 twv detached structures within the rear yard. ~UU C cnrennial W,v, Tustin, C~A y27811 • P: (i19) 573-3141] • f; (?1~~) 573-3113 • www,wstinca.t}r~; I~~IIL.C?INIi UUR I~U7URE FIONc_~It_INc_; QUIZ hA5T Nalice and Ordef al 520 Pacific Slreef September 1G, 2010 Case M V40-0312 Page 2 OR 2) Obtain a permit from the Planning and Building Division and physically commence with the demolition and removal of all unpermitted structures and improvements on the property; which include, but are not limited to the two guest houses, the staircase attached to the garage and the two detached structures within the rear yard. NOTE: For information on obtaining permits, please contact the Building Division at (714) 573- 3120 and/or the Planning Division at (714) 573-3140. Additionally, all permits related to this matter are to be finaled within ninety calendar days of permit issuance pursuant to 2007 California Building Code A105.5. This letter constitutes your Notice and Order to abate all public nuisance conditions and violations at 520 Pacific Street. You (or) any person having any record title or legal interest in the property may request consideration of this Notice and Order or any action of the enforcement within ten calendar days from the date of service of this Notice and Order. All appeals shall be made in writing. Failure to comply with this notice within the time limit specified above may result in (1) the issuance of an administrative citation pursuant to Tustin City Code 1162(a) (reference Exhibit A attached hereto for further information), and/or (2) all necessary work being completed by City personnel or private contractor, with all abatement costs being billed against you and/or assessed against the property and/or (3) the referral of this matter to our City Attorney for further legal action. Please note that the disposal of any material involved in public nuisances shall be carried forth in a legal manner. Additionally, this notice and order will be recorded against the property in the Office of the County Recorder. If you need further clarification or assistance with this matter, please contact me directly at (714) 573-3135. Sincere/ , Br d Steen Code Enforcement Officer Attachments: Exhibit A -Administrative Citation Information Exhibit B -Code Violations cc: Amy Thomas, Senior Planner/Code Enforcement Supervisor Community Development Department TU 5 T I N EXHIBYT A Administrative Citation Process In accordance with Tustin City Cede (TCC) 11t32(d), fines may be assessed by means of an administrative citation as follows: 3100.00 for a first violation; $200.00 for a second violation of the same ordinance or permit within one year of the flrat violation; or 3.500.00 for a third or any further violation of the name ordinance or permit within one year of the first violation: Buikiing 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 31,000.00 for a third or any further violation of the same ordinance or permit within one year of the first violation. The C'riy.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 properly 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 rosponsible person must take one of the following actions tv avoid addFtional penaitjes prior to the compliance date specified in the administratfve citation: 1) Correct the violation, pay the corresponding fine(s), and contact the City to request a re- inapection, or 2) Pay the corresponding 19ne(a) 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 1168 within ten (10) days from the date of the administrative citation, together with an advanced deposit of thb txrreaponding fine(s). Request for Hearing farms and other information on Administrative Citations I'nay be obtained on the City's website at wwW.tustinca.oro. 300 Centennial Way, Tustin, CA 91780 * p: (714) 573.3100 • F; (714) 573-31 13 • www.tustinca.org BLlll.l)IN(i OUR FU'rURB HONORING OUR PA5'r Nol~ce and 4nlni al 5:0 Fecdtc Slrnel Snptembar 16, 2010 Cass >K Vt0-0~12 Exhibit B Code Violations at 524 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 Perrnitted 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: 1 t] feet; Interior lot line: 5 feet. NOTE: Please be advised that there may be additional code compliance requirements, EKHIBIT C OF RESOLUTION N0.4161 Repork prepared by Thirtieth Street Architects, Inc. thirtieth street architects inc. October 20, 2010 Ms. Elizabeth Binsack, Community Development Director City of Tustin 3(}0 Centennial Way Tustin, CA 92780 Re: 520 Pacific Street, Tustin Dear Elizabeth: jnundirig prlrrcrpuls john c, loomis, architect jtrmes c. Wilson, architect pr~ncipa! elwaad 1, gullet', 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 ca-Tiage barn as the "noddle" and "rear" structures. 'Coning honing issues are not part of our Scope of Work aad are not addressed. C3uilding S+eryuence 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. 2$21, newport boulevard - newp~rt bench, 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. '1'he 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'x. 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 stnrctures 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 atwo-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 inro 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 newpnrt boulevard - newpori 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. luilding 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 stau• 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,~0. Conclusion We feel that the front house and two-story carriage barn are both historically significant. [t is apparent that there was only one living unit vn-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 A5AP, 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 newpc~rt Iwulevard - nowport beach, ca 92663 - 949/673-2643 We do not recommend the occupancy for habitation of the substandard, rear addititm. If you have any questions regarding the above, please do not hesitate to contact me. Very truly yours, JUIIn LUUm1S Principal 2$21 nowport boulevard - newport beach, ca 92663 --•')49/673-2643 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 verifiication that the two guest homes located at the rear of the single family residence at 520 Paci#ic 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 18, 2010, the City of Tustin sent notice far 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 properly 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 rnodified 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 Ivt lines, indicating, in part, that he is not in violation of these codes because the structures existed prior to Conditional Use Permits and the first Zoning of Tustin; i. That on October 14, 2010, the City gave public notice by publication in a newspaper of general circulation, by posting the project site, and by mailing to all property owners within 300 feet of the subject site of the holding of a public hearing at which the appeal would be considered; J. That on October 26, 2010, the Planning Commission held a duly called, and noticed public hearing at which interested persons had an opportunity to testify in support of, or in opposition to, the appeal, and at which the Planning Commission, acting in its capacity as the appeal hearing body, considered the appeal of the Notice and Order filed at 520 Pacific Street; K. That pursuant to Tustin City Code Section 9294, the Planning Commission will act in its capacity as the appeal hearing body to consider appeal of any decisions of the Community Development Director; L. That the City of Tustin was incorporated on September 19, 1927, and the subject property is located within the original City boundaries. The house and detached two story garage were constructed in approximately 1929 and the first published building code, the 1927 Edition of the Uniform Building Code, was adopted by the City of Tustin on June 3, 1929. Construction may have commenced prior to adoption of the 1927 Uniform Building Code, consequently, there are no building permit records for the original construction of the original buildings. The earliest zoning map on file, frvm 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 na 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 far accessory structures used as guest units. Additionally, several issues exist, including the improper and substandard electrical wiring, installation of a newer unpermitted heating unit, lack of required firewall and combustible insulation between walls separating units; all of which may cause a fire hazard to occupants. Q. That the Planning Commission has the right to employ qualified individuals to assist in its investigations and in making findings and decisions. Staff commissioned a third party survey and evaluation provided by Licensed Architect John C. Loomis from Thirtieth Street Architects, Inc. The architect provided a report that concluded that "the front house and two-story carriage barn are both historically significant. It is apparent that there was only one living unit on-site [main house] in 1929 when the City of Tustin was incorporated. There is strong physical evidence that the second and third living units were added much later, post WWII" (attached hereto in Exhibit C). R. That the appeal is exempt from the California Environmental Quality Act (CEQA) in that the appeal is not considered a project under CEQA Guidelines; II. The Planning Commission, acting in its capacity as the appeal hearing body Per TCG 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~h day of October, 2010. ELIZABETH A. BINSACK Planning Commission Secretary S:1Cdd1AmylCode Enforcement152U PacificlPC resolution Appeal 520 Pacific.docx EXHIBIT A OF RESOLUTION N0.4'162 Table 1: Code Compliance Issues EXHIBIT A RESOLUTION NOS. 4161 AND 4162 Table 1: Code Compliance Issues Location Code Compllance Code Sections Issue a licable Photos The use of the property California Fire Code _ ~ ~~ as a triplex (with 3 Section 102.3 Change of ~.,~ ~+ti4 ~ ' ~ ~ units) changes the use or occupancy; ~ - , _ a building occupancy California Fire Code - '~ ~' ~ ~' ~ ~~ ' • ~' ~~'' , from R3 {single family Section 102 Unsafe ~ residential) to R1 8uildingorSfructures ,- . ._ ~,~,_ ,. ~,_~~.~ multiple family) ~~~ ~ ~ ~+~ ;~; ~ _ - I~ It could not be California Fire Code ~ "'~ ~'~ •`~ ~ .~ I,~.~o,: determined if Section 102 Unsafe "'~ Q footing/foundations Building or Structures i exist to provide ~ adequate structural ~ . bracing and support to ~ the stnrctures '~ No fire separation walls Building Code Table ,_ , ~ Multiple residential between units; 503; Califomia 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 occu ants Mechanical, electrical, TCC 8100 Adoption of - and plumbing (including 2007 California Building I-IVAC) installation Code A105.1 -Permits ~' ^~ ~ ° work done without required) , ; Bathroom ~ : . permits pP c Permits are required to ~ n t w/ no cry insure that life safety ~ permits protocol is followed and -u-'~2 ~ installation is done I - q ' ~ ` according to plan. I Without such permits "~~ ~ and inspection, w- ~ _ !~ installation may create ~ I , ; fire hazard, water .~ I 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 --.~..,.,,,,~w,; " Guest unit (no kitchen installed or maintained, ,:; facllilies) 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 15; , _ require a minimum of 7 parking stalls to support i ,~, the added residential ~ - - ---- use. 1~Page ExHIBIT A RESOLUTION NOs. 4161 AND 4162 Location Code Compliance Code Sections Photos issue a ticable The sero+Zd story wall Section 1403 of TCC construction and 8100 Adoption of 2007 _. p windows adjacent to the California Building Code i, ,I property line do not ~ " ~ comply with fire - '~ protection '•~ Insufficient requirements. ~ ~ , "'-~- setback to ~ ~ The opening !s not :,_~, ' ~ permitted as shown; ~ ~r .. ~ ' Pl_ exterior wall is not fire ~t "•~ ~'~ ` - rated; primary (and ~' _'~u "~,r e only) stairway restricts ~ ~ ~';~ ' ingress egress in case I ^..f', of fire or other emer enc . '- Furnace Installed TCC 8100 Adoption of _ without required permits 2007 California Building does not meet Code A105.1 -Permits clearance requirements requi-Bd ~ 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 y ,~ fire hazard. required ~ ~'- c 3 ` ,~/~ 1 ~' o .. r I . a c Electrical device ~ ~ i~~ next to heater pl 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 ~ ' ~ ++pper unit installed without 2007 Califomia Building , ; ~~ ~'' ~ ` '! ~ ~ permits. Permits are Code A105.1 -Permits - ~ • required to insure that required ~ _ life safety protocol is ~ ~ followed and installation is done according to I' '' plan. Without such _,, - • ~" ., permits and inspection, ~ _ - -- -- ~ a o ,r installation may create u fire hazard water darns e, etc. 2~Page E3(HIBIT Q RESOLUTION NOs. 4161 AND 4162 Location Code Compliance Issu® Code Sections a livable Photos Shower added on to TCC 8100 Adoption of _ ' a~K_~ original structure. This 2DU7 California Building ~ ~ "1 • requires a building Code A105,1 - Pemuts ~ .~ ,,~-= permit to add additional required) syuara footage (pop- ~ ~~j~ out) and permits for plumbing, and ~ waterproofing. ` - - '-";:~ _ _ ,. _ - : -: ~ Shower added w/o -`~ ` '°'~.~;,-~~ ~~'~'"~ ~'` permits Railing has no TCC 8100 Adoption of ~_ ' I ~ ~~ ~ intermediary posts and 2007 California Building _ No inner ~ ~ '' the run and rise are not Cade A105.1 -Permits ~ ,~' ..:; -~ compl"sent with Building required u posts ~ ~' 1 Code requirements nor TCC 8100 Adoption of .~ i/ _ Is the unprotected back 2007 California Building { 'f~ ` •~ ~ ~I which is open. This Code 1012 HAndrails - ~ :'i~ f ~ poses a potential falling handrails required for ~ _, hazard for small stairways ~~~ _ '~, ~ children. TCC 8'100 Adoption of ~ '~ ~' ~ ~' ' _= ~ 20D7 California Building _ `~ ~ „~~ ~ Code 1013 Guards - rt ~t: ~ `~ guards shall be located y along open-sided - o wa{king surfaces ;~~i ro including stairways " located more than 3D L_~ i ~ inches above the grade ~ below w There is no property 2007 CBC Section a line firewall separation 1024.3 Exit discharge o between staircase and location Window at PL N the properly tin©. requires 5ft setback The staircase is built TCC 9223b2(e) requires ~ ~~`''r ~ over the properly line 5ft. setback to property ~~ iA" '- ~~` Aguest unit requires a line ~';~ 5 foot setback to _ ~ property line (PL). J , i3uiit over PL There are several ~ issues associated with ' ' ~ - the location of this - - staircase; mast _ ',! .r"~ imminent is the lack of "~``'~ t• emergency access and `~ ''`- ti,•.. safe egress from the i ' f _ ~ unit. _ I .. '. ,l i `~;~ ~''f~ ' 'QI Roof drams onto 2007 CBC Section - 4 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 - Drarnage across property /Il7L 3~Page E7(HIBIT A RESOLUTION NOs. 4161 AND 4162 Photos 1: 0 Q. m` U Structural supports do not provide sufficient supporting rafters Roof members are undersized to provide adequate support to both the main house and the 2-story garage and attached rear units; making this a Iri-plex unit pursuant to building code fire rating. These deficiencies create access hazards for fire access and may pose additional hazards to occupants since the occupancy changes with a tri-plex (cornmon metal conduit (EMT) between garage and house. The potential for damage and failure due to the exposure of the line is Increased and poses a potential fire hazard. 2ao~ cBC section 1604.1, 2301.2 General Design Requirements. Floor joist supported along block fence rasher than cantilevered from the two story structure Change in occupancy constitutes a multitude of GBC and Fire Code violations: California Fire Code Section 102.3 Change of use or occupancy; California Fire Code Section 102 Unsafe 8rritdinq or Structures 2007 California Building Code A105.1 -Permits required I ~... .,,; .~ Unsupported line over carport ^ ~I~ Inadequate structural supports Carport attached to main house and garage 4~Page EXHIBIT A RESOLUTION NOs. 4161 AND 4162 a~ rn m C7 "c ro 'a c v .~ m d between walls of garage and Irving units; thus exposing tenants above and next to the garage to fire hazard originatiny in the garage. Romex cannot be exposed or unprotected and must be attached/secured. (Romex was first used in the fi950's. Color coding (yellow) wasn't 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. 2007 CBC Table 602 Fire-Resistance Rating Requirements for Exterior Walls Based on Fire Separation Distance Exposed Work and Article 330.30 Securing and Supporting 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 New junction box without permits ^ Min. 5 ft setback required (zero - 4 ft provided) S~Page EXHIBIT A RESOLUTION NOs. 4161 AND 4162 Location Code Compliance Code Sections photos Issue a licable Heater instaNed with a TCC 8100 AdopGan of ~ gas fine without permits 2007 California Building It is installed on a Code A105.1 -Permits ,~,;, ; , combustible wood sided roquired ~ : ~ '- wall which poses a Subject to manufacture's -'er,u~` ~ I-Seater ~ potential fire hazard due installation standards and ~ i~ installed to the combustible mechanicallplumbin9 w/o material permit ~ ~ permit ~ `_ ~~ r I Ceiling heights vary and 2007 CMC Section - ~~ do not meet the T6" 1208.2 Ceiling height ~ ~ height requirement minimum - ----- ~I'' i ~l _ _.} - - , .. ~. Ceilin, •~ height does not meet .~ rein. 7'6" ~ ~ ~ 1. ~- Improper and 2007 CFC Section 605.5 --~ _ ..... substandard electrical Extension Cords wiring without permit - i _ , Power scrip next to kitchen sink where a range might have been f +. previously ~', ~ ~ ~ ~ ~ - ~ '~ t ~ ~~~ _ ~ i ~i . ~' ~ -i Plumbing added without TCC 8100 Adoption of permit 2007 California Building Cade A105.1 - Pemri(s requirecQ Kitclyen is riot permitted TCC 9223b2 Na cooking Kitchen in rear unit- not permitted (per zoning) facilities permitted in (I.e. plumbing, electrical, guest unit etc.) 6~Page EXH1131T A RESOLUTION NOs. 4161 AND 4162 Location Code Compliance Code Sections Photos Issue a Ncable 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 7311,7 Outlets ~ within the rear unit I Exposed and unsecured gas + line inside unit ~ - ~ ~ i t. ,' , 4i , i I ~~ n~ ' Insulation is nonrated - Wall and opening . and is combustible protection 2007 CBC (appears to be straw Table 602 Fire- ,~a bale) Resistance Rating ... Requirements for Exterior ~y~=r:,,• w= ~ Walls Based on Fire i ro Separation Qistance and . ; ,~ .o-s, s1 •~ Table 704.8 Maximum ~ ~'f ~ ~ . .a Area of Exterior Wall ! ~ '~ Openings _ " .. a - - °C Combustible material installed between walls sir The room is considered Habitable space as "habitable space" and defined by CRC is a appears to not provide space in a building for sufficient, ventilation, living, sleeping, eating or ~ heat and light cooking. Therefore, it _! _,_._-----• ~' .~ requires sufficient light, d ~. ventilation heat, etc , C'~,- , , ~ ~ ~ ~~ ~ ~ Ceiling height is too low 2007 CMC Section ' " '+F~ ~ E and should be a 1208.2 minimum 7 6 ~ o minimum T6" "` t : ` o O ~ ; ~ i. - - „ ~ I "'~ m ~ " - _ i.-~ GI 0` Ceiling height does not meet minimum Building Code observations are based an a 30 minute cursory and visual observation of a site visit on September 10, 2010 5:\Cdd\Amy\Code Enfurtentent\520 Pacific\Code violations.doc 7~Page EXHIBIT B OF RESOLUTION N0.4162 Nofiice and Order Comm>.tnity Development Department Sent via first cittss and certified mAil September 16, 2010 Bret S. Fairbanks 520 Pacific Street Tustin, CA 92780-4329 TUSTI N D1111.UIN(: UUR fUTURf ~1UNUIlINCi OUR I'Ati'I 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, 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 Gocle 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 ob#ained for the two detached structures in the rear yard or the two guest houses. You are heireby directed to do one of the followins~ 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 Cxntrnnial Wey, Tustin, C:A X12780 • P: (714) 573-3100 • r: (714) 573-31 13 • www.tustinca.or~{ No11ce 2nd Or0er al 620 Pacific Sireat September 16, 2010 Casa k Vi0~0312 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 enforcernent 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 Ilmit specified above may resul# 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 Clty Attorney fvr 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 Community Development Department TU S T I N EXHYBIT A Administradve Citation Process in accordance rn~l Tustin City Code (TGC) 1182(d), fines may be assessed by means of an administrative citation as follows: $1104.00 for a flrat violation; $200.013 far a second violation of the same ordinance ar permit within one year of the first violation; ar $500.00 for a third or any further vlolatbn of the same ordinance or permit within one year of the flrot violation: Building and Safety Code (TCC Sec. 8100 - 8999) violations may tie assessed at $100.00 for a first violation; $500.04 for a second violatbn of the same ordinance or permit within one year of the first vidatlan; or $1,000.00 for 8 third or any further violation of the same ordinance ar permit within one year of the tintt violation. The City~may also take further legal action including issuing the responsible person(s) a criminal citation and/or abating the violation(s) with the coat of such abatement and/or proeecxition assessed against the responsible person(s), the property owner(s), and/or the properly as a Ifen. Should an administrative dtation be issued, the rssponsibls person has ten (10) days from the date of the administrative citation to pay the corrosponding fine(s). Additionally, the responsible person must take one of th~n following actions to avoid additional penahfes prior to the compllanca date spec'fiied in the administrative citation: 1) Correct the violation, pay the corresponding tine(s), and contact the Cily to request a re- inspection, or 2) Pay the comesponding flne(s) and request an extension of time in writing pursuant to TCC 1183(b), which shows a roasonabte hardship; or 3) Request a hearing to appeal the administrative dtation pursuant to TCC 1188 within ten (10) days from the data of the administrative citation, together with an advanced deposit of thb com4aponding fine(s). Request for Hearing forms and other information an Administrative Citations tnay be obtained on the City's website at www.tus#(nca.om. 900 (:entennial Way, Tustin, CA 92780 • P; (7t4) 573-3100 • F: (714) 573-31 13 • www,tustinca.org BUILDING QUR I~UTUR!! HONORING OU}R PAST NoUCe and Ordor nt i20 Pecdic Slroet Septambar 16, 2010 Cnen b V111~YJ12 Exhibit ~ Gode 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 obkain the required per-nit. Tustin City Code 9223(b)(2) -Single Family Residential District (R-1) Conditionally Permitted CJses 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 Clty 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 N0.4162 Report prepared by Thirtieth Street Architects, Inc. thirtieth street architects inc. October 2U, 2UlU Ms. Elizabeth Binsack, Community Development Director City of Tustin 3UU Centennial Way Tustin, CA y2780 Re: 52U Pacific Street, Tustin Dear Elizabeth: fanndinR prPnt'ipuls' john c. luumis, urehitect ,jamcs c, Wilson, urc:hitect lrrinClpa! ~hvood I. gulley, anhitect Pursuant to our letter agreement, we have conducted a cursory review of the. photographs of structures provided by staff of the existing structures at 52U 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 maditied. [t appears that the original development probably involved one living unit in the main house. 2821 new port Ixrulevard - newport beach, ca 92663 - 949!673-2643 At some point later in time, it appears that the ugper portion of the carriage barn was converted into u 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 oP 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 bolt 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 192$ included the construction of a single- family residence with one living unit and atwo-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, carper~ter cuts ut window trim, 2821 newport boulevard - newlmrt 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 mast 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 bbcking 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 aad it does not appear to be economically viable to bring this structure up to current codes. Carther Study Further research using Sanborn and Building Survey Maps could confirm the constntction sequence and provide proof of construction dates. There also could be information relating to the use oti 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. [t is apparent that there was Dirty 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 newlxirt boulevard - newport beach, ca 92663 - )49/673-2643 We do not recommend the cx:cupancy For habitation of the substandard, rear addition. [t you have any questions regarding the above, please do not hesitate to contact rne. Very truly yours, John Loomis Principal 2821 newport boulevard - nowport baach, ca 926b3 - 949/673-2b43 ATTACHMENT E 440 Pacific Street opposition petition REF: 440 5. PACIFIC, TUSTIN PERMIT FOR GUEST HOUSE WE ARE AGAINEST the variance hermit 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 ~. 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 H. Matsubayashi ~~`~ ~ ~ v Kiyoko Matsubayashi ~ 435 S. Pacitic St. ,,~,~f Tustin, California ~~~~~"5~ rnary -{~,s, i/r~~~~l~~,~ ~,~ /~., ~ ,,,,/~ ,~ yr,~_ Michael T. O'Brien Nathalie Neary O'Brien 545 S. Pacific St. Tustin, California ~~ Signature Date Signature Date Miuling Maureen Li Douglas A. Schaller 535 S. Pacitic 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. Pacitic St. Tustin, California Stephen C. Jones Sharon A. Jones 520 S. Main St. Tustin, California ~~-~ ~~ .J ~~~ ~ ~ _.R~3~en~-~~id es 410 S. Pacitic St. Tustin, California r ~~ ~ e ~~ ' '` dl' ~~oM 4 L ~ u~ v ~1 a ~ ~ t71 ~~~ C ~C~ ~~ . ,. .,~ ~- r . ..,o ~ ` J ~ ii ~~ / ~~ ~. :1 \\\ `~/ ~ ~ {f ~'~ l 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 Qrder 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. That on November 9, 2010, the Planning Gommission, 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 VWVIt" (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:1Cdd1AmylCode Enforcement\520 PacificlPC resolution Appeal 520 Pacific.docx EXHIBIT A OF RESOLUTION N0.4161 Table 1: Code Compliance Issues Revised (11/9/10) 4I N N U C (O .n O U N O u r-i v a m_ S X w f ._.~.~,._~ 1 C ` ~ „• I ~ ~ v ~ ~ ~ - ~'p ~~~~ ~~ ~ lil k r: J I ~ ~~ In ' ~ (~ i ~ r +~ `{~~~_ ~ ° ~ O 1 - ~y ~ O 3 ,~ rr, -~ ~ O q ~, ~~~ I rf+7 ' .~ ~ ~ a ...;. _~~ ~~~ ~~. i 'i '7~~ i ~. `• ~ , ,. ~ ' ~..... ~, ,-~ O ~ N ~ .C d) C~ •~ a?~ c ~ o m ~_ o ~~~ a °'°.o c•ro ~ -p C N Deno ~~ m ~ m n~ c°~ ~-o ~ ro a °mo ~~~vmE d `.~~ c ~ ~ o ° w~L °' ~Q ~ °' 3 °'v~ ~;,o-~ ~tia ° c o ~, cn °.~ v O N C I- O O D ~ ro O y ~ C ~ O ~ ~ ~ ~ ~ N T ~ O >, +L-• ,'C-~ to ~ V rr1 ~ OJ . >, O N ~ .-° E o "' d ° a~ ~ o U ~ L a ~ ro L •'- a~ a~ ~ aLi N U o N +- N °- 'J m U N C -O ro N~ V1 ~~ .a ~ V r ~ d p -o ° c° ~ a~ ro N C C a c~ c " O • O ~ '~ _ ~~ O~ >, (D 7 'C ~ '~ _ 'j U N V N C Q ~ N N rn ~ U w.+ ~ ~ Q1 N L ~ ` > O '~ O ~ ~ O 'B '-' "O ~ U ~ ~ ~ N i ~ to N N U 01 C O 7 ~ O -6 O (~9 p ti. 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(0 OC ~ N OU N U Cn ~ ~- ~ y0 N N _ O O p q^ p y-p E O Y ~ ~ +~ ~ r. ~p~ ~ ~ C~ ~U ~ ~ ~ O d' RS ~ Cp C I~ O a7 ~ N O ~0 cp ~ ~ o C ~ ~ ~ o O E ~ n n A ~ o ~ ~= ~ ~ ~~ c . cA mc c c .~ -U~~a~~L ~- ~ a ~°m U ~Ua a,ro.~ c v ~ m~ma'c~ mEa~ U pU c ~~ ca ~F- ~ ~ mw..m~.o- c- ~o U-~ mE N U O ~~> O C> p ~ ~~ C N '~ C O rn~o o c c E ~~ - C ~ N 4 m > ° ~ °' °'q°~ ji = 0 0 aN . . ~ ~ • . g ~ o ~ v o ' ~ 0 U f ~ N ~ f v ~ O C .~ ~ O •~ - O Q Q 6Y 0 O m ._ Q. ~ f6 m -0 aid CO U _ v, ca ._ ~ f0 - 'L7 d C ~ .C .C ~ C4 ~ ~ O (p ~ O fU ~" ~ C ~ L C c.n~° IL-~ m uci.c UccvE c 0 :a ~a c ;iun lei;uapisaa ~ea~ (pay~e~ap) u~oo~ uoi;eaa~aa J Q H m_ x w 0 EXHIBIT B OF RESOLUTION N0.4161 Notice and Order Community Development Department Sent via first crass 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 Thank you for~meeting with City staff at 520 Pacific Street an September /0, 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 properky 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. . 3UU Centennial Way, Tustin, CA 92780 • P: (714) 573-3100 • F: (7l4) 573-31 13 • www.tustinca.org nUILDING OUR FUTURE }IUNURING OUR PAST Nelice and Order al 520 Paclflc Stree! September 18, 2010 Case A Vt0-0312 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 b® 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 PlanneNCode Enforcement Supervisor Community Development Department TU S T I N EXHIBIT A Administrative Citatlon Process In accordance with Tustin City Code tTCC) 118Z(d), fines may be assessed by means of an adminbtrstive citation as follows: 3100.00 for a first violatbn; 3200.00 for a second vidatton of the same ordinance or permit within one year of the first violation; or 3500.00 far a third or any further violatbn of the name ordinance or permit within one year of the first violation: Building and Safety Cods (TCC Seo. 8100 - 8999) violations may be assessed at 3100.00 for a first violation; 3500.00 for a second violatbn of the same ordlnanoe or permit within one year of the first vitiation; or 31,000.00 far a third or any further violation of the same ordinance or permit within one year of the first violation. Ths City may also take further legal action including issuing the responsible person(s) a criminal citation andlor abating the vialatkxl(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 responsibb person hat ten (10) days from the date a< the administrathe citation to pay the corresponding fine(s). Additkxlally, the rosponsible person must take one of the following actions to avoid additional penaltleea prior to the compHancs date speafled in the administrathrs citation: 1) Correct the violation, pay the comespording fine(s), and contact the City to request a re- inspedton, ar 2) Pay the corresponding fine(s) and request an extension of time in writirp pursuant to TCC 1185(6), whk;h shows a reasonable hardship; a 3) Request a hearing to appeal the administrative dtatbn pursuant to TCC 1189 within ten (10) days from the date of the administrathro citation, together with an advanced deposit of thb comesparlding fine(s). Request for Hearing forms and other information on Administrative Citations flay bs obtained on the City's website at www.tustincs.ora. 300 Centcnnial Way, Tustin, CA 9780 + P: (714) 57~-3100 • F: (7f 4) 573-3113 • www tustinca.org BUILDING BUR FYrI'UR~ HONORING OUA PAST' Notice end Ordef el 520 Pacdk SUeel Saptsmber 16, 2010 Caes M V10-0312 Exhibit B Code Violations at 520 Pacific Street 2007 California Building Code A105.1 (Adopted per Tustin Clty 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) - 3ingle Family Residential District (R-1) Minimum aide yard setback for accessory buildings used as guest houses -Corner lot line: 10 feet; Interior Ivt line: 5 feet. NOTE: Please be advised that there may be additional code compliance requirements. EXHIBIT C OF RESOLUTION N0.4161 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: Juurrding principals jvhn c. loomis, architect fames c. wilsvn, architect principal clwvvd I. gullcy, architect Pursuant to our letter agreement, we have conducted a cursory review of the photographs of structures provided by staff of the existing structures at 520 Pacific Street. The following is a summary of our findings: Terminology We will refer to the street facing side of the complex as the "front", the two sides as the "left and right" based on looking at the site from the street and the structures built behind the carriage barn as the "middle" and "rear" structures. Zoning Zoning issues are not part of our Scope of Work and are not addressed. Building Sequence It appears that the main front house and two-story or loft type carriage barn may have been originally built on the site in 1928. Both of these structures exhibit the same type of exterior siding and window and door trim. The historical survey indicates that there is evidence that the original front gable of the residence may have originally had a modified hip roof at its roof peak, but was later modified. It appears that the original development probably involved one living unit in the main house. 282 t 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 an 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 195U'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 atwo-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, past 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. 282 t newport boulevard -newport beach, ca 92663 - 949/673-2643 We do not recommend the occupancy for habitation of the substandard, rear addition. If you have any questions regarding the above, please do not hesitate to contact me. Very truly yours, John Loomis Principal 2821 newport boulevard - newport beach, ca 92663 - 949/673-2643 ATTACHMENT G PC Resolution No. 4162 RESOLUTION NO. 4162 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AFFIRMING THE NOTICE AND ORDER FOR PUBLIC NUISANCE AS DETERMINED BY THE ENFORCEMENT OFFICER FOR THE PROPERTY AT 520 PACIFIC STREET (ASSESSOR'S PARCEL NO. APN 401-371-07) The Planning Commission does hereby resolve as follows: 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 Guttural 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 Gode 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/ar 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 9t" 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 Resolutian No. 4162 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 9ti' day of November, 2010. ELIZABETH A. BINSACK Planning Commission Secretary S:1Cddb4mylCode Enforcement1520 PacificlPC resolution Appeal 520 Pacific.docx EXHIBIT A OF RESOLUTION N0.4162 Table 1: Code Compliance Issues Revised (11/9/10) a`~i C N d.7 U C ca .Q O U v O U c-I 41 F- d F- m 2 X w .F . ` e= ~~ ~ ~ --- ... yy~ ... 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Fairbanks 520 Pacific Street Tustin, CA 927$0-4329 TUSTIN 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, 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 (GUP) 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. T"herefore, 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 da one of the following by na 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. 30(1 Centennial Way, Tustin, Cl1 927801 • P: (714) 573-310(.1 • F: (714) 573-31 13 • wwrv.tustinea.org [iuii.r,iNr. Uu~ Fu~ru~r HotvoltlNC; Uutr rnsr Natlce and Order at 520 Pacific Street September 16, 2D10 Case # V10-D312 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- 3120and/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 tv 2007 California Building Code A105.5. This letter constitutes your Notice and Order to abate all public nuisance conditions and violations at 520 Pacific Street. You (or) any person having any record title or legal interest in the property may request consideration of this Notice and Order or any action of the enforcement within ten calendar days from the date of service of this Notice and Order. All appeals shall be made in writing. Failure to comply with this notice within the time limit specified above may result in (1) the issuance of an administrative citation pursuant to Tustin City Code 1162(a) (reference Exhibit A attached hereto for further information), and/or (2) all necessary work being completed by City personnel or private contractor, with all abatement costs being billed against you and/or assessed against the property and/or (3) the referral of this matter to our City Attorney for further legal action. Please note that the disposal of any material involved in public nuisances shall be carried forth in a legal manner. Additionally, this notice and order will be recorded against the property in the Office of the County Recorder. If you need further clarification or assistance with this matter, please contact me directly at (714) 573-3135. Sincere) , Br d Steen Code Enforcement Officer Attachments: Exhibit A -Administrative Citation Information Exhibit B -Code Violations cc: Amy Thomas, Senior Planner/Code Enforcement Supervisor Community Development Department TU 5 T I N EXHIBIT A Administrative Citation Process In accordance with Tustin City Cede (TCC) 1162(d), tines may be assessed by means of an administrative citation as follows: $100.00 for a brat violation; $200.00 for a second violation of the same ordinance or permit within one year of the firot violation; or $500.00 for a third or any further violation of the same ordinance or permit within one year of the firot violation: Building and Safety Code (TCC Sec. 8100 - 8999) violations may be assessed at $100.00 for a tarot 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 pemnit within one year of the firot violation. The City may also take further legal action including issuing the roapansible person(a) 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 properly as a lien. ShaukJ an administrative citation be issued, the responsible pennon has tan (10) days from the date of the administrative citation to pay the corresponding fine(s). Additionally, the rosponsible person must take one of the following actions to avoid addit(onal penaiUes 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 ra inspection, or 2) Pay the corrosponding ftne(a) and request an extension of time in writing purouant to TCC 1165(b), which shows a raasanable hardship; or 3) Request a hearing to appeal the administrative c~ttation pursuant to TCC 1168 within ten (10) days from the date of the adminiatrathre citation, together with an advanced deposit of the corresponding fine(s). Request for Hearing farms and other information on Administrative Citations 1'nay be obtained on the City's website at www.tustinca.ora. 300 Centennial Way, Tustin, CA 92780 • P: (714) 573-3100 • F: (714) 573-3113 ~ www.tustinta.org 6i1iLi'11NG OUA EUTUAfl HONORING OUR PAST' Notice and (hdar nl 520 Paafic Street September t6, 2010 Case t1 V~0-0312 Exhibit B Code Viola#ions a# 524 Pacific S#ree# 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 let line: 5 feet. NOTE: Please be advised that there may be additional code compliance requirements. EXHIBIT C OF RESOLUTION N0.4162 Report prepared by Thirtieth Street Architects, Inc. thirtieth street architects inc. October 2U, 2010 Ms. Elizabeth Binsack, Community Development Director City of Tustin 300 Centennial Way Tustin, CA 92780 Re: 520 Pacific Street, Tustin Dear Elizabeth: Pursuant to our letter agreement, we have conducted a photographs of structures provided by staff of the existing Street. The following is a summary of our findings: Terminology fornrdirr,~ prirrcilnlls john c. luomis, architect fames c. Wilson, architect prirrcipu! elwoud I. gulley, architect cursory review of the structures at 520 Pacific 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 luain 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 wait in the main house. 3821 newport Uoulevard - 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 Ott 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 atwo-story carriage barn that was apparently used as a garage and agricultural storage. At some tune 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 195U'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 newpurt 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 Cnde 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. Cnnclusinn 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 buulevard -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 92b63 - 949/673-2643 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(s), 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 unit including two rooms and a bathroom located behind the garage is a nonconforming second residential unit. 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 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 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 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) 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 or replacements do not exceed fifty (SO) percent of the buildings assessed valuation, as shown on the last equalized assessment roll of the City of Tustin. I declaze that I have done nothing to construct, enlarge, alter, repair, move, demolish, or change the occupancy of any of the nonconforming buildings or structures, in violation of the above referenced City Code. 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-malting body, including staff, concerning this matter. I HAVE READ AND UNDERSTAND THE ABOVE DECLARATION I declaze under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this o1 0~ day of ~~ (~~r,h , 20~_. (Day) (Month) (Yeaz) ~ ~~~ By. (Bret S. Fairbanks) (Steph 'e A. Fairbanks) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF Ofi~nn~~P, ) On 3-~~--1! before me, F'ri vn (~~1~-~ DATE INSERT NAME, TITLE OF OFFICER - E.G.., "JANE DOE, NOTARY PUBLIC personally appeared, ~~+ F~irb~.,r~ a.n~,l ~,~ {I~ni~ ~air~n~~ who 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 acknowledged to me that hel-~c/they executed the same in i~dsther/their authorized capacity(ies), and that b-her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ERICA RASE ~ 4~` COMM. # 1887514 .~~ ~ NOTARY Pl1Bl{C - CALIFORNIA ~ pItAN6E COUNTY ,,~ µ~ COMM. EXPIRES APRIL 27 2014 '~ (SEAL) NOTARY PUBLIC SIGNATURE OPTIONAL INFORMATION 7'f ITS OPTIONAL IlVFORMATION SECTION IS NOT REQLJIRID BY LAW BtTT MAY BE BENEFICIAL TO PERSONS RELYING ON THIS NOTARIZF~ DOCUMENT. TTI'LE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNERS(S) OTHER THAN NAMED ABOVE SIGNER'S NAME SIGNER'S NAME RIGHT THIlMBPRIITr RIGHT THIIMBPRIlVT To order supplies, please contact McGlone insurance Services, Inc. at (9I ~ 484 0804. AGREEMENT TO CONDITIONS IMPOSED t, the undersigned, hereby agree to comply with all conditions imposed by the Community Development Department and/or City Council of the City of Tustin on approval of City Council Resolution No. 11-18 and Planning Commission Resolution No. 4162 as attached to the letter dated March 17, 2011. jp'U ~G ~.a~_ Bret S. Fairbanks, Property Owner - ~-~~ Step ~' iie ai banks, Property Owner CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF ~ `~ n a ~ ) On ~- ~ ~-~ ~ t before me ~~`' ~U ~'°h ~~ DATE INSERT NAME, TTTLE OF OFFICER-E.G._, "JANE DOE, NOTARY PUBLIC perSOnally appeared., ~'Pk TQ~o hn~ Y S ~n.~ ~kP~han i-P ~~~« bi nY ~ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) /are subscribed to the within instrument and acknowledged to me that he/sh~/they executed the same in.hisA;tel=/their authorized capacity(ies), and that by l~i~s/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJiJRY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and off cial seal. ~I~~~/ SEAL NOTARY PUBLIC SIGNATURE NUMBER OF PAGES OPTIONAL INFORMATION THIS OPTIONAL INFORMATION SECTION lS NOT REQTJIRII) BY LAW BUT MAY BE BENI.FICIAL TO PERSONS RELYING ON THIS NOTARIZID DOCUMEN'T'. TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT SIGNERS(S) OTHER THAN NAMED ABOVE SIGNER'S NAME RIGHT TIiUMBPRTNT ~.~~_ _, ~ ,. ~ ~ ax "''~ ERICA RAE ~,} ' ~~E;~,~'-~ COMM. # Z8875~~+ i ~. •~-^ '~`'•#i37ARY PUBLIC - CAI.iF~~k^ii ~ ~~% ` ORANGE COUNT 'y r +~iroK~ COMM. EXPIRES APRIL 27 ~ _~y' ; RTGH'f THUMBPRINT' To order supplies, please contact McGlone Insurance Services, Inc. at (91 t7 484 0804. SIGNER'S NAME