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HomeMy WebLinkAbout01 APPEAL OF PLANNING COMMISSION DECISION-520 PACIFIC ST.• Agenda Item AGENDA REPORT Reviewed: Finance Director MEETING DATE: MARCH 1, 2011 TO: HONORABLE MAYOR AND COUNCIL MEMBERS VIA: DAVID C. BIGGS, CITY MANAGER FROM: ELIZABETH BINSACK, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: APPEAL OF PLANNING COMMISSION DECISION - 520 PACIFIC ST. SUMMARY: On September 16, 2010, it was determined that the structures/uses at 520 Pacific Street were inconsistent with the Zoning Code, substandard per the Building Code, and constituted a public nuisance. Specifically, two units and other structures had been added to a property originally developed with a single family residence/detached garage without complying with the City Code. On September 22, 2010, the property owner, Bret Fairbanks, appealed this determination to the Planning Commission. On December 14, 2010, the Planning Commission determined that the two rear units at 520 Pacific Street were considered legal nonconforming structures/uses and ordered compliance with minimum Building Code requirements. On December 23, 2010, Mayor Jerry Amante appealed the Commission's actions and called for clarification of nonconforming uses/structures. The hearing before the City Council is de novo. The recommended action would overturn the Commission's action that granted the status of nonconformity to structures at 520 Pacific Street. If the City Council desires to uphold or modify the Commission's decision, a revised resolution with supporting findings would be necessary. RECOMMENDATION: That the City Council adopt Resolution No.11-15 determining that "nonconforming structures/uses" as set forth in the Tustin City Code means that such structures/uses were: lawfully erected, established; have been lawfully and continuously maintained without significant alteration; and, based on said determination order the cessation of the two dwelling units/guest houses and the correction of code violations of structures/uses for conformance with Tustin City Code at 520 Pacific Street. City Council Report Appeal of Planning Commission Decision — 520 Pacific March 1, 2011 Page 2 FISCAL IMPACT: Costs are estimates. To date, the City has incurred expenditures related to four public hearings in the amount of $9,500.00. No costs or estimates have been included for the informal meetings with the property owner. No application or appeal fees have been paid. EXECUTIVE SUMMARY: In summary, the appeal hearing before the City Council presents the following issues and questions for consideration. Review by the City Council has been necessitated because the Mayor has filed an appeal per TCG Section 9294. The appeal concludes that allowing illegally/unlawfully established uses/structures to be granted the status of nonconformity, the Commission's decision departed from several years of application and contrary to Tustin City Code provisions in that: (1) uses/structures must be lawfully/legally established and not contrary to any applicable laws; (2) that if laws are changed and nonconforming status does apply, the status only applies to legally/lawfully established uses/structures; and, (3) if a use/structure has been given nonconforming status, then that use must be continuously maintained without significant alteration. (4) The recommended action is based on none of the provisions in (1), (2), or (3) applying to 520 Pacific Street. Accordingly, review and determination is necessary to secure uniformity of application and decisions of the City's Code and standards. The matters focused in the report are issues of Citywide concern because the decisions directly impact how unlawful uses/structures, non -permitted or unlawful construction, and nonconforming structures are addressed and will clarify the responsibilities of owners. Lending institutions lend, insurance companies insure, and property owners purchase their homes knowing intrinsically that certain uses are permitted or not on a given property and surrounding properties. Traditionally illegal/unlawful uses have not granted immunity in the present and future. Allowing illegal/unlawful violations to continue gives no consideration to the interest of the public or to the public policy in favor of eliminating nonconforming uses and against expansion of such uses. BACKGROUND AND DISCUSSION: The report summarizes: the chronology of events; issues associated with the City Council appeal; the nonconforming structures and uses provision/interpretation; nonconforming status as it applies to 520 Pacific Street; and continuance/alteration of nonconforming structures/uses. City Council Report Appeal of Planning Commission Decision — 520 Pacific March 1, 2011 Page 3 CHRONOLOGY OF EVENTS Zoning Confirmation Letter: On July 27, 2010, property owner, Bret Fairbanks, initiated contact by sending a written request indicating that they were selling their home and the buyers' lender wanted a letter from the City stating that, in the event of a fire, earthquake, or disaster, the City would allow the (two) guest homes at the rear of their single family home to be rebuilt (Attachment 1). City staff sent a response letter to Mr. Fairbanks on August 4, 2010, clarifying that the property is zoned as Single Family Residential (R-1) wherein a guest house would be permitted subject to the approval of a Conditional Use Permit (CUP); could not contain kitchen or cooking facilities; and, could not be rented. The letter indicated that there were no permits for guest houses at the property nor was a CUP approved to establish such use. Furthermore, consistent with Section 9273(c), in part, states that "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 letter clarified that the provisions for reconstruction of a nonconforming building did not apply to structures or additions which have been illegally constructed or constructed without the benefit of permits (Attachment 2). Notice and Order and Property Owner Appeal: On September 10, 2010, City representatives conducted an on-site assessment with the property owners and made visual observations which revealed several modifications/additions and substandard living conditions (reference Table 1 of Attachment 7 City Council Resolution No. 11-15). A Notice and Order was filed on the property which directed the property owner to obtain the necessary permits and/or remove the nuisance conditions. Mr. Fairbanks then appealed the determination to the Planning Commission (Attachment 3). Planning Commission Action: On December 14, 2010, the Commission (acting as Commission on Zoning Code issues and Board of Appeals for Building Code violations) considered the appeal of the Notice and Order at 520 Pacific Street. During the deliberation, an opinion was rendered that based on provisions in the Ordinance, uses/structures existing prior to the adoption of Ordinance No. 157 (Nov. 6. 1961) could continue to exist regardless of any legal and/or illegal establishment. Based on this interpretation, the Commission determined that there was evidence substantiating that the two units are nonconforming uses/structures and may remain; and also directed compliance with the Building Code. The Commission's resolutions (Nos. 4161 and 4162) and staff reports (October 26, November 9, and December 14, 2010) are provided in part in Attachment 4. Appeal of Planning Commission Action: On December 23, 2010, Mayor Jerry Amante appealed the Commission's action per TCC Section 9294c regarding the property located at 520 Pacific Street (Attachment 5). The general reasons noted in the appeal are as follows: City Council Report Appeal of Planning Commission Decision — 520 Pacific March 1, 2011 Page 4 A. "I do not concur with the determination of the Planning Commission in Resolution No. 4162 approving existing uses at 520 Pacific Street as nonconforming uses for the reason that it appears to me that the alleged nonconforming uses are not legal uses or permitted buildings and/or structures. B. The actions taken under Resolution No. 4161 with regard to the Building Code Violations ought, therefore, to be abrogated by virtue of the fact that the uses that are identified in Resolution No. 4162 as "nonconforming" are actually illegal and were not permitted. This view, however, in no way relieves the property owner of his obligation to comply with the various building code violations. C. There is, in my view, a need for a discussion to clarify that the Tustin City Code ("Code') requires nonconforming buildings, structures, and uses to be legally established at some point and to clarify the legal intent of prior and current definitions of nonconforming buildings, structures and uses and the appropriate application of the code." ISSUES ASSOCIATED WITH THE CITY COUNCIL APPEAL The hearing before the City Council is de novo. The first issue that should be resolved is whether building structures/uses must have been legally established to be nonconforming. Following the Council's determination of "nonconforming structure/uses," the Council should then make a determination if nonconforming status may be afforded and how the nonconforming provisions would apply to the structures and uses at 520 Pacific Street. The Nonconforming Structures and Uses Provision/Interpretation The appeal requests clarification of the Tustin City Code as to whether nonconforming uses/structures need to be legally established and to clarify the intent of prior and current definitions of nonconforming structures/uses. A matrix showing the history of the TCC sections relating to nonconforming structures/uses, establishing uses/occupancy; the applicable interpretation and enforcement that have been adopted since incorporation in 1927; and, the full ordinances are attached for reference (Attachment 6). The 1927 Uniform Building Code (UBC), 1940 UBC, and every Building Code adopted thereafter, required lawful establishment of structures and uses. (See Attachment 6) The 1947 Zoning Code (Ord. 47), various provisions of the 1961 Zoning Code (Ord. No. 157), and the current Zoning Code require the lawful establishment of uses and structures. Various provisions of all Zoning Ordinances considered use of land, alterations, modifications, etc. operated and maintained contrary to the Zoning Code to be considered public nuisances. City Council Report Appeal of Planning Commission Decision — 520 Pacific March 1, 2011 Page 5 It was not until 1961 in Ord. No. 157 that in "definition" of nonconforming use was the word "lawfully" left out. (Section 6.1) This provided the basis for the opinion and the Commission's determination and calls into question whether or not a structure/use that was unlawful could be considered "established" and enjoys the rights of nonconformity. As applied to the point of the Commission's decision in 2010, both uses/structures had be lawfully/legally established and not contrary to any applicable laws; that if laws are changed and nonconforming status does apply, the status only applies to legally/lawfully established uses/structures; and, if the use/structure has been give nonconforming status, then that use must be continuously maintained without significant alteration. None of the foregoing applies to 520 Pacific Street. Nonconforming as It Applies to 520 Pacific Street Mr. Fairbanks has indicated that both units on the property existed at the time of the adoption of the Zoning Code and they were used and maintained as dwelling units separate from the main house; therefore, should be considered nonconforming structures (Attachment 7). As noted above, the uses and structures could not have been lawfully established (per the (deed) Notice of Completion), the adopted Building Codes; no rental units were ever allowed per the Building or Zoning Code; and there is no evidence that any of the foregoing have been continually/legally maintained. However, evidence indicates that there have been multiple additions, alterations, repairs, and construction done to the structures and the occupancy of which has changed from a single family use to what is essentially a multifamily complex, none of which are in conformance with the Building and Zoning Code requirements. 520 Pacific Street Site Description The property at 520 Pacific Street is within the Single Family Residential District (R-1) which allows 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 facilities; they shall not be rented). The lot size of the property at 520 Pacific Street is approximately 10,000 square feet (0.23 acre) and contains the following structures: 1. Single story main house (1,342 sq. ft.) which is attached via a carport to the two- story garage 2. Two-story garage (16'5" x 18') with a studio apartment (309 sq. ft.) above 3. Third unit (325 sq. ft.) located at ground level to the rear (west) of the garage 4. Detached storage/recreation room (298 sq. ft.) located directly behind the main house along the north property line City Council Report Appeal of Planning Commission Decision — 520 Pacific March 1, 2011 Page 6 Small detached storage unit located along the rear west property line (approx. 150 sq. ft.) (not to scale on plan) Covered parking structure (which is attached to the main house and the garage) (Numbers correspond to site plan below) ;c / ^_3' / 1+' / 23' / Historical Background: \ SITE PLAN NTS The City of Tustin was incorporated on September 19, 1927. The property at 520 Pacific Street is located within the original City boundaries and was built in 1929 and a Notice of Completion and deed restriction were recorded on the property. It noted that no buildings shall be erected except a "dwelling house and garage" (Attachment 8a). The first published building code, the 1927 edition of the Uniform Building Code, was adopted by the City of Tustin on June 3, 1929. The next building code adopted was the 1940 UBC (adopted July 20, 1942). Neither the 1927 nor the 1940 UBC editions would have allowed a change in use or the character of the occupancy if the building was not conforming to requirements of the code, "buildings in existence at the time of passage of this code may have their existing use or occupancy continued if such use or occupancy was legal at the time of the passage of this code, provided such continued use is not is not dangerous to life'." life'." (Attachment 8b enumerates the deficiencies). The 1947 and 1961 Zoning Codes set forth site development standards and limited uses permitted on a Single Family Residential property which was designed exclusively for occupancy by one (1) family. Guest houses could be permitted "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." In 1961 an update to the Zoning Codes added requirements for a "second residential unit" which differed from a guest unit, permitted kitchen facilities for more permanent tenancy, and could be rented. However, the second residential unit was only permitted if '00'_0" - �- - - –'— v EXISTING- STORAGE SITE DATA r•' / II'•9"'4/ Wf 20VE IIXOWSFI. 21 ACRE) \ \ MAIN54 RUIUM 'Mars / „ / Y,�..�y RESIDENCE / 111 MAINNFSIMSCE IJJ2 .M.—I (AKAGEUWI 309 \ NY SH OND 1R11T 323 / 13'41" / / / 4'-6" E SISIINti STURMiF: GARAGE—imlW901309 2" \ \ 2 \ \ I.OT J'O\'KR — 2274 \ 3 "?v.IO,IY V -2-M GARAGE! COVERED SECOND UNIT UPPER UNIT YAWCINIiL u<M)!T Id 90R !23 ,u1R V NF" ;c / ^_3' / 1+' / 23' / Historical Background: \ SITE PLAN NTS The City of Tustin was incorporated on September 19, 1927. The property at 520 Pacific Street is located within the original City boundaries and was built in 1929 and a Notice of Completion and deed restriction were recorded on the property. It noted that no buildings shall be erected except a "dwelling house and garage" (Attachment 8a). The first published building code, the 1927 edition of the Uniform Building Code, was adopted by the City of Tustin on June 3, 1929. The next building code adopted was the 1940 UBC (adopted July 20, 1942). Neither the 1927 nor the 1940 UBC editions would have allowed a change in use or the character of the occupancy if the building was not conforming to requirements of the code, "buildings in existence at the time of passage of this code may have their existing use or occupancy continued if such use or occupancy was legal at the time of the passage of this code, provided such continued use is not is not dangerous to life'." life'." (Attachment 8b enumerates the deficiencies). The 1947 and 1961 Zoning Codes set forth site development standards and limited uses permitted on a Single Family Residential property which was designed exclusively for occupancy by one (1) family. Guest houses could be permitted "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." In 1961 an update to the Zoning Codes added requirements for a "second residential unit" which differed from a guest unit, permitted kitchen facilities for more permanent tenancy, and could be rented. However, the second residential unit was only permitted if City Council Report Appeal of Planning Commission Decision — 520 Pacific March 1, 2011 Page 7 the property is 12,000 square feet and an additional garage space is provided, both of which were not applicable at 520 Pacific Street. A "guest house" still requires a Conditional Use Permit (CUP) (Attachment 6c). The prior and current zoning code would not allow for apartment/multifamily use in an R-1 zone. This means three (3) families living independently. This is the use that has been established at 520 Pacific without meeting any of the zoning standards or minimum building standards. Specifically, as to 520 Pacific Street, there is evidence that the owner (between 1938- 42) converted the premises so that the area over the garage was used for living quarters and living area was added to the rear (1945-50) for use by family members which was accessory to and used in conjunction with the main house. Sometime thereafter, kitchens were added and units rented. These actions were contrary to the City's Building Codes and Zoning Codes. We also know that additional work has been done by the current property owner (i.e. fire walls removed, gas lines installed, furnaces installed, Romex electrical wiring installed without required permits). Observations of On-site Substandard Conditions and Independent Evaluation On-site Substandard Conditions During the on-site assessment of the property that was conducted by City staff and the property owners, several substandard conditions and code violations were noted to exist in violation of the Tustin City Code. Many of the substandard conditions are in violation of the 1927 Uniform Building Code and every Building Code and Zoning Code adopted thereafter. A summary of the zoning/building code violations are as follows and can also be found in Table 1 of Resolution No. 11-15: • The use of the property as a triplex (with three units) changes the building occupancy from single family residential to multiple family use • Setbacks to property lines and separation between structures have not been maintained • 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) • Kitchen cooking facilities are not permitted in a guest unit yet both of the rear units contain cooking facilities, including the installation of non -permitted gas and electrical lines • A guest unit(s) requires a five foot setback to property line. There are several issues associated with the location of the staircase to the upstairs unit; this primary (and only) stairway to the upstairs unit restricts ingress/egress in case of fire or other emergency and the staircase is built over the property line • 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 • The second story wall construction and windows adjacent to the property line do not City Council Report Appeal of Planning Commission Decision — 520 Pacific March 1, 2011 Page 8 comply with fire protection requirements • Furnace installed without required permits; does not meet clearance requirements; and creates a fire hazard • Exposed electrical next to unpermitted furnace which causes potential fire hazard • Shower added on to original structure. This requires a building permit to add additional square footage (pop -out) and permits for plumbing, and waterproofing • The railing on stairway to the second unit 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 falling hazard. Given that the structure at this location is constructed over the property line, a person that may fall through could fall onto the adjacent property Third Party Survey and Evaluation A third party survey and evaluation provided by Licensed Architect John C. Loomis from Thirtieth Street Architects, Inc. was commissioned by staff to assist in determining when the structures were constructed and established. The report indicated that "The original development of the site in 1928 included the construction of a single family residence with one living unit and a two-story carriage barn that was apparently used as a garage and agricultural storage. At some time after WWII, the carriage barn was converted into a second living unit, with the addition of the front stair, carport, and middle addition at the rear. Another rear addition was added behind the middle addition during the late 1950s or early 1960s. This very substandard structure was probably originally used as a storage shed or kids playhouse. It was later converted into a third living unit." (Attachment 8c) Property Owner Submittal Documents Mr. Fairbanks has provided several documents and the following in support of his request which is to determine that the uses and structures are nonconforming and could be constructed and/or reconstructed regardless of occurrence. In 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." Mr. Fairbanks submitted several documents to the Planning Commission. These documents are attached hereto for City Council consideration in Attachment 7. City Council Report Appeal of Planning Commission Decision — 520 Pacific March 1, 2011 Page 9 CONTINUANCE/ALTERATION OF NONCONFORMING STRUCTURES/USES If a determination is made that the structures/uses at 520 Pacific Street are nonconforming, then they must be continually maintained (Sec. 9273a) and to enjoy the rights of nonconformity a property owner must furnish a statement under oath setting forth a detailed description of such uses and that the uses have not been enlarged, extended, reconstructed, or structurally altered unless set forth in compliance with the district (Sec. 9273b.) The City requested such a declaration on December 2, and on December 27, 2010. The owner has indicated that he has made several modifications to the buildings. The extent of these modifications is unknown. He has declined to sign the declarations. Further, per Section 9273b, repairs, alterations, etc. cannot exceed fifty (50) percent of the building's assessed valuation. Given the nature and extent of the substandard conditions summarized in Attachment 8b, (i.e. changes to correct adequate fire protection, hazardous and improper electrical wiring; substandard structural conditions; hazardous, substandard mechanical conditions, inadequate exits and other basic codes) improvements that would be necessary would likely exceed 50 percent of the buildings assessed valuation, nonconformity would no longer be enjoyed, and current standards need to be met. CONCLUSION If the City Council determines that "nonconforming structures/uses" as set forth in the Tustin City Code means that such structure and/or use was lawfully erected, established, and has been lawfully and continuously maintained, but which no longer conforms to the regulations and requirements of the zoning district, then the Council should adopt Resolution No. 11-15 which clarifies the intent of the code and orders the correction of code violations of structures/uses for conformance with Tustin City Code. A time should also be set for conformance to this order. If an alternative determination is made, a revised resolution with findings would be necessary. Approved for Forwarding By: Elizabeth Binsack David C. Biggs Community Development Director City Manager City Council Report Appeal of Planning Commission Decision — 520 Pacific March 1, 2011 Page 10 Attachments: 1. July 27, 2010, letter from Bret Fairbanks 2. August 4, 2010, response zoning confirmation letter 3. Notice and Order/Fairbanks' Appeal letter 4. Planning Commission materials a. PC Resolution No. 4161 b. PC Resolution No. 4162 c. December 10, 2010 PC Staff Report d. November 9, 2010 PC Staff Report e. October 26, 2010 PC Staff Report 5. December 23, 2010, appeal from Mayor Amante 6. Tustin City Zoning and Building Code a. Timeline Matrix of Zoning Code Ordinances b. Applicable UBC Sections (1927, 1940) c. 1947 First Zoning Ordinance (Ord. 70 adopted 4/7/47) d. 1961 Zoning Code (Ord. 157 adopted 11/6/61) e. 1989 Zoning Code amendment regarding nonconforming properties ROW acquisition (Ord. 1013 adopted 1/3/89) f. Current Zoning Code Section 9273 7. Property owner document submittals 8. Draft CC Resolution No. 11-15 a. January 7, 1929, Notice of Completion and Deed Restriction b. Table One: Code Compliance Issues c. Third Party survey and evaluation provided by John C. Loomis of Thirtieth Street Architects, Inc. d. March 1, 2011, Staff Report to the City Council 9. February 23, 2011, letter from Deborah M. Rosenthal for Sheppard, Mullin, Richter & Hampton LLP (received after completion of staff report) S:\Cdd\CCREPORT\2011\EB520 Pacific City Council appeal (6).docx Added in the 1940 UBC. Text was identical in the 1927 and the 1940 UBC with the exception of the underlined. " Note: the California Historical Building Code permits the Building Official to accept historic code compliance as meeting code requirements. However, the CHBC does not allow hazards to exist. ATTACHMENT 1 CC Report March 1, 2011 July 27, 2010, letter from Bret Fairbanks 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 %, we have and pay for 2 separate electric meters, and have various city permits for improvements we have done on the home since we purchased it in 2000. The buyers lender is requiring a letter from the city stating in the event of a fire, earthquake, or disaster, the city would allow the guest houses to be rebuilt. Attached are documents from the county tax assessors office showing the guest houses have been here long before we purchased the property. Thank you for your time and consideration. This letter is all we need to close escrow. If there is anything I could do to help speed up this process please let me know. Bret Fairbanks C.P. (949) 933-6886 Original Attachments Not Attached Hereto (available on City archive documents) ATTACHMENT 2 CC Report March 1, 2011 August 4, 2010, response zoning confirmation letter Community Development Department TUSTIN August 4, 2010 Brett Fairbanks 520 Pacific Street Tustin, CA 82780 SUBJECT: ZONING CONFIRMATION FOR 520 PACIFIC STREET Dear Mr. Fairbanks: BUILDING OUR FUTURE HONORING OUR PAST Thank you for your letter, received July 27, 2010, requesting zoning confirmation for the property located at 520 Pacific Street. In your letter, you indicated that the property has a single family residence in the front with two guest homes in the back. You have also included copies of tax assessor information related to your property for the City's review. In the event of a fire, earthquake, or disaster, you inquired if the City would allow the guest houses to be rebuilt. The subject property is zoned as Single Family Residential (R-1) and located within the Cultural Resources Overlay (CR) District. Accessory buildings used as guest rooms are allovied 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 620 % Pacific Street. The City has not assigned a lh address to the subject property. Pursuant to Tustin City Code Section 9273(c), "A nonconforming buikfing, destroyed to ft 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 riot apply to structures or additions which have been illegally constructed or constructed without the benefit of permits. Should you wish to establish guest houses at the subject property, approval of conditional use permits and obtaining necessary building permits would be required. Should you have any questions, please do not hesitate to call me at (714) 5733123. a , ontek Associate Planner Attachments: A. Single family Residential (R-1) standards 13. Cultural Resources District (CR) standards C. Guest House Definition 300 Cemennial Way, Tustin, CA 92780 • P:(714)573-3100 • F:(714)573-3113 0 www.tustinca.org ATTACHMENT 3 CC Report March 1, 2011 Notice and Order/Fairbanks' Appeal letter Community Development Department Sent via first class and certified mail September 16, 2010 Bret S. Fairbanks 520 Pacific Street Tustin, CA 927804329 NOTICE AND ORDER/PRE-CITATION NOTICE DECLARATION OF PUBLIC NUISANCE Property Address: 520 Pacific Street Assessor Parcel Number: 401-371-07 Case Number: V10-0312 Dear Mr. Fairbanks, TUSTIN BUILDING OUR FUTUitf HONORING OUR PAST Thank you for••meeting with -City staff at 520 Pacific Street on September 10, 2010. During the inspection, two detached structures were observed within the rear yard, in addition to a guest house. above the garage and a second guest house behind the garage; all of which are unpermitted. A preliminary search of City records also indicates that no conditional use permit (CUP) is on file to establish guest houses at the property. Other noncompliant issues were also noted during the inspection; which include, but are not limited to.the staircase on the south side of the garage which does not provide the appropriate setback to the side property line and the guest house above the garage currently contains cooking facilities, which is prohibited. Several violations currently exist at your property, which are attached hereto as Exhibit B. Pursuant to Tustin City Code 1122(a), any violation of the Tustin City Code is a public nuisance. Therefore, please be advised that the City has determined that a public nuisance is being maintained at 520 Pack Street due in that the necessary permits and entitlement were not obtained for the two detached structures in the rear yard or the two guest houses. You are hereby directed to do one of the following by no later than Friday. October 29, 2010• 1) Submit a complete CUP application with the appropriate plans and all other necessary entitlement applications to the Planning and Building Division for the two guest houses and the two detached structures within the rear yard. . 300 Centennial Way, Tustin, CA 92780 • P:(714)573-3100 • F;(714)573-3113 • www.tustinca.org Notice and Order at 520 Pacf6c Street September 16, 2010 Case X V10-0312 Page 2 OR 2) Obtain a permit from the Planning and Building Division and physically commence with the demolition and removal of all unpermitted structures and improvements on the property; which include, but are not limited to the two guest houses, the staircase attached to the garage and the two detached structures within the rear yard. NOTE: For information on obtaining permits, please contact the Building Division at (714) 573- 3120 and/or the Planning Division at (714) 573-3140. Additionally, all permits related to this matter are to be finaled within ninety calendar days of permit issuance pursuant to 2007 California Building Code A105.5. This letter constitutes your Notice and Order to abate all public nuisance conditions and violations at 520 Pacific Street. You (or) any person having any record title or legal interest in the property may request consideration of this Notice and Order or any action of the enforcement within ten calendar days from the date of service of this Notice and Order. All appeals shall be made in writing. Failure to comply with this notice within the time limit specified above may result in (1) the issuance of an administrative citation pursuant to Tustin City Code 1162(a) (reference Exhibit A attached hereto for further information), and/or (2) all necessary work being completed by City personnel or private contractor, with all abatement costs being billed against you and/or assessed against the property and/or (3) the referral of this matter to our City Attorney for further legal action. Please note that the disposal of any material involved in public nuisances shall be carried forth in a legal manner. Additionally, this notice and order will be recorded against the property in the Office of the County Recorder. If you need furtherclarification or assistance with this matter, please contact me directly at (714) 573-3135. Sincerel , B d Steen Code Enforcement Officer Attachments: Exhibit A — Administrative Citation Information Exhibit B — Code Violations cc: Amy Thomas, Senior Planner/Code Enforcement Supervisor Community Development Department EXHIBIT A Administrative Citation Process TUSTIN BUILDING OUIL FUTURnl HONORING OUR PAST In accordance with Tustin City Code (TCC) 1182(d), fines may be assessed by means of an administrative citadm as *Mows.* $100.00 for a first violation; $200.00 for a second violation of Ow same ordknanc a or permit within one year of the first violation; or $600.00 for a third or any further violation of the same ordinance or permit within one year of the first vkftkw. Building and Sahty Code (TCC Seo. 8100 — 8990) violations may be assessed st $100.00 for a first t violation; $600.00 for a second violation of the aams ordinance or permit within one year of the Amt violation; or $1,000.00 for a third or any hirlher violation of the same ordinance or permit within one year of the first violation. The City may also take Airthner lapel action hrnciudirng issuing the responsible persons) a criminal citation arndior abating the violation(s) with the cost of such abatement and/or prosectition assessed against the respornsibls person(a), the property Owner(s), and/or the property ss alien. Should an administrative dation be issued, the responsible person has ten (10) days from the date of the sdm w citation to pay the cor+eepondirng fk*s). Additionally, the responsible person must take one of the following actions to avoid additional penalties prior to the compliance date specified ion the adminbtrative dtetion: 1) Convect the violation, pay the corresporndinp fh*s), and conted the city to request a re - Inspection, or 2) Pay the comssponding fkne(s) and request an extension of time In writing pursuant to _ TCC I IMXb), which shows a reasonable hip; or 3) Request a hsarlrq to appeal the adrrdrniatradve citation pulslw d to TCC 1168 within ten (10) days from the date of theadm�w straticitation, together with adnrarnced depoeht Of the comsspon lhv taws). Request for Hering forms and other information on Administrative Citations hW be Obtained on the City's website at wwxWz9M2M 300 Centennial Way, Tustin, CA 92780 • P:(714)573-3100 0 F:(714)573-3113 0 www.tustinca.org Notice antl Order at 520 Pacific street Sapterrow 16, 2010 Case 0 V10-0312 Exhibit B Code Violations at 520 Pacific Street 2007 California Building Code A105.1 (Adopted per Tustin City Code 8100) — Permits Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. Tustin City Code 9223(b)(2) — Single Family Residential District (R-1) Conditionally Permitted Uses and Development Standards - Accessory buildings used as guest rooms, provided no cooking facility is installed or maintained are subject to a conditional use permit. Tustin City Code 9223(b)(2)(d) — Single Family Residential District (R-1) Minimum side yard setback for accessory buildings used as guest houses - Comer lot line: 10 feet; Interior lot line: 5 feet NOTE: Please be advised that there may be additional code compliance requirements. RECORDING REQUESTED BY City of Tustin AND WHEN RECORDED MAIL TO: City of Tustin City Clerk's Office 300 Centennial Way Tustin, CA 92780 RECORDING FEES EXEMPT PER GCS 6103 Space Above This Una for Recorders use NOTICE AND ORDER DECLARATION OF PUBLIC NUISANCE CERTIFICATE California State Government Code 38773.5(e) and Tustin City Code 5503(c) Pursuant to the provisions of the California State Subdivision Map Act, as amended, notice is hereby given that the following described property, situated in the County of Orange, State of California, is currently being maintained in a public nuisance condition and the owner has been notified. Deed Recorded: 01/03/2005 / 12/27/2004 (Sale Date), Document # 2609 and 2610 Tract #: 737 Map Reference (Map/Pg/Grid): 23-E2 / 830-A3 Name of Owner or fee interest in property: Bret S. Fairbanks Description of real property: 520 Pacific Street Tustin, CA 92780 Parcel #: 401-371-07 Dated: September 16, 2010 Local Agency Official: Bradford William Steen Code Enforcement Officer City Case #: V10-0312 (714) 573-3135 Signature: Fee for Recording exempt per Gov. Code 6103 W UAW ( j State of California County of Orange ) ACKNOWLEDGMENT (j On/(0"'20 before me, Marilyn A Harris Notary Public (insert name and title of the officer) personally appeared who proved to me on the tfasis of satisfactory evidence to be the person(s) whose name(s) istafee subscribed to the within instrument and acknowledged to me that he they executed the same in hisAw4hek authorized capacity(iee), and that by his4xm4**k signatures} on the instrument the person(4 or the entity upon behalf of which the person(* 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. MARICYN A. HARRIS COmmlNbn 0 1780364 No" fub8o • cautomla # Otatp0 County �11,CCCMtrn1 MiN0v17.2011 Signature September 22, 2010 RECEIVED Brad Steen, Code Enforcement officer SEP 2 3 2010 Community Development Department City of Tustin COMMUNITY DEVELOPMENT DEPT Letter of Appeal for: Notice and Order/ Pre -Citation Notice Declaration of Public Nuisance Address: 520 Pacific Street, Tustin, CA 92780 Assessor parcel number: 401-371-07 Case Number: V10-0312 Dear Mr. Steen, This letter is to appeal and request consideration on the recent notice I received regarding 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 ATTACHMENT CC Report March 1, 2011 Planning Commission materials a. PC Resolution No. 4161 b. PC Resolution No. 4162 c. December 10, 2010 PC Staff Report d. November 9, 2010 PC Staff Report e. October 26, 2010 PC Staff Report ATTACHMENT 4 CC Report March 1, 2011 Planning Commission materials a. PC Resolution No. 4161 RESOLUTION NO. 4161 A RESOLUTION OF THE BOARD OF APPEALS OF THE CITY OF TUSTIN, MODIFYING THE NOTICE AND ORDER FOR BUILDING CODE VIOLATIONS AT THE PROPERTY AT 520 PACIFIC STREET (ASSESSOR'S PARCEL NO. APN 401-371-07) The Board of Appeals of the City of Tustin does hereby resolve as follows: The Board of Appeals hereby finds and determines as follows: A. That, on July 27, 2010, Bret Fairbanks, the current property owner of 520 Pacific Street, sent a letter requesting that City staff provide written verification that the two guest homes located at the rear of the single family residence at 520 Pacific Street could be rebuilt in the event of a fire, earthquake, or disaster; B. That, on August 4, 2010, City staff provided a written zoning confirmation letter informing Mr. Fairbanks that the property is zoned as Single Family Residential (R-1) and located within the Cultural Resources Overlay (CR) District and that accessory buildings used as guest rooms are only allowed as conditionally permitted uses within the R-1 district, provided that no cooking facilities are installed or maintained and that no compensation in any form is received. The letter further informed the property owner that no permits or entitlement exist for the guest houses at the subject property; C. That, on September 10, 2010, City staff conducted an on-site assessment of the property at 520 Pacific Street. The assessment revealed that several unpermitted modifications and additions had been made to the structures that were not in compliance with Tustin City Code and minimum Building Code requirements; D. That Pursuant to Tustin City Code Section 5503, on September 16, 2010, the City of Tustin sent notice of recordation of a Notice and Order for the property at 520 Pacific Street to Mr. Fairbanks. Said Notice and Order provided written notice of the existence of a public nuisance on the property as determined by the Enforcement Officer and required the correction of code violations related to unpermitted structures constructed in violation of the Tustin City Code including the City of Tustin Building Code and Zoning Code; E. That, pursuant to Tustin City Code Section 5503, the Enforcement Officer is defined as the Director of Community Development or any other person or City officer or employee to enforce property maintenance, zoning, and other nuisance abatement regulations and standards of the City; 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; Resolution No. 4161 Page 2 G. That on October 14, 2010, the City gave public notice by publication in a newspaper of general circulation, by posting the project site, and by mailing to all property owners within 300 feet of the subject site of the holding of a public hearing at which the appeal would be considered; H. That on October 26, 2010, a duly called, and noticed public hearing at which interested persons had an opportunity to testify in support of, or in opposition to, the appeal and at which the Planning Commission, acting in its capacity as the Board of Appeals, considered the appeal of the Notice and Order filed at 520 Pacific Street. The Planning Commission continued the item to November 9, 2010 meeting and directed staff to do additional research on the property and to meet with Mr. Fairbanks to discuss possible alternatives to resolve the appeal. However, the correction measures discussed were not acceptable to the appellant; I. That on November 9, 2010, the Planning Commission, acting in its capacity as the Board of Appeals, considered the appeal of the Notice and Order filed at 520 Pacific Street and continued the meeting to December 14, 2010, and directed staff to return with findings to modify the Notice and Order to allow uses established prior to November 6, 1961, of which only the Zoning Code matters were affected; J. That on December 14, 2010, the Planning Commission, acting in its capacity as the Board of Appeals, considered the appeal of the Notice and Order filed at 520 Pacific Street and heard testimony from the appellant; K. That, pursuant to Section 112 Board of Appeals of the Building Code as adopted by the City of Tustin, the hearing was held to consider evidence that is relevant to whether the true intent of the City of Tustin's adopted California Building Code or the rules legally adopted thereunder have been incorrectly interpreted; the provision of such code does not fully apply; or, an equally good or better form of construction is proposed; L. That, pursuant to Section 112 of the City of Tustin's adopted California Building Code, the Planning Commission, acting as Board of Appeals, shall not have authority relative to interpretation of the administrative provisions of the Tustin Building Code or to waive requirements of such code. Further, the hearing shall be de novo and the Board of Appeals may approve, approve with conditions, or disapprove the matter in accordance with the Tustin City Code or remand the matter to the Community Development Director or the Zoning Administrator for further proceedings in accordance with directions of the Board of Appeals; M. That, on October 26, 2010, November 9, 2010, and December 14, 2010, the Board of Appeals considered evidence supporting the Enforcement Officer's determination that a public nuisance condition exists at the subject property due to the present violations of the following Building Code section: 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. (Prior staff reports and attachments are attached hereto in Exhibit A) N. That the City of Tustin was incorporated on September 19, 1927, and the subject property is located within the original City boundaries. The house and detached two story garage were constructed July 3, 1929, and the first published building code, the 1927 Edition of the Uniform Building Code, was adopted by the City of Tustin on June 3, 1929. This was the Building Code in effect at the time of original construction; 0. That there is substantial evidence that the violations identified in the Notice and Order exist as evidenced by the Building Code violations observed on a cursory and visual observation during a site visit on September 10, 2010, and provided hereto in Exhibit A; P. That the violations identified herein and in the Notice and Order demonstrate that substandard housing and property maintenance conditions exist which create a dangerous condition at the subject property due to the present violations of the California Building Code as adopted per Tustin City Code 8100; and Q. That the Board of Appeals has the right to employ qualified individuals to assist in its investigations and in making findings and decisions. Staff commissioned a third party survey and evaluation provided by Licensed Architect John C. Loomis from Thirtieth Street Architects, Inc. The architect provided a report that concluded that there were several nonconforming additions and Building Code violations. (Shown in Exhibit A). 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 modifies the Notice and Order for the property at 520 Pacific Street which provides written notice of the existence of a public nuisance: A. The property owners are hereby ordered to comply with the requirements of the Notice and Order identified in the staff report dated October 26, 2010, and attached hereto in Exhibit B, to the extent such corrections are reasonably determined by the Building Official to be necessary or appropriate to ensure that the health and safety of the occupants of the nonconforming buildings are adequately protected and preserved. Resolution No. 4161 Page 4 PASSED AND ADOPTED by the Board of Appeals of the City of Tustin, at a regular meeting on the 14th day of December, 2010. Steve ak Chairperson Y. Henry Huang, P.E., C.B.O. Board of Appeals Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Y. Henry Huang, the undersigned, hereby certify that I am the Board of Appeals Secretary of the Board of Appeals of the City of Tustin, California; that Resolution No. 4161 was duly passed and adopted at a regular meeting of the Tustin Board of Appeals, held on the 14th day of December, 2010. Y. Henry Huang, P.E., C.B.O. Building Official Original Attachments Not Attached Hereto (available on City archive documents) Original Attachments Not Attached Hereto (available on City archive documents) ATTACHMENT 4 CC Report March 1, 2011 Planning Commission materials b. PC Resolution No. 4162 RESOLUTION NO. 4162 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AFFIRMING NONCONFORMING STATUS OF CERTAIN BUILDINGS, STRUCTURES, AND USES AT THE PROPERTY AT 520 PACIFIC STREET (ASSESSOR'S PARCEL NO. APN 401-371-07) The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That, on July 27, 2010, Bret Fairbanks, the current property owner of 520 Pacific Street, sent a letter requesting that City staff provide written verification that the two livable units located at the rear of the single family residence at 520 Pacific Street could be rebuilt in the event of a fire, earthquake, or disaster; B. That, on August 4, 2010, City staff provided a written zoning confirmation letter informing Mr. Fairbanks that the property is zoned as Single Family Residential (R-1) and located within the Cultural Resources Overlay (CR) District and that accessory buildings used as guest rooms are only allowed as conditionally permitted uses within the R-1 district, provided that no cooking facilities are installed or maintained and that no compensation in any form is received. The letter further informed the property owner that no permits or entitlement exist for the guest houses at the subject property; C. That, on September 10, 2010, City staff conducted an on-site assessment of the property at 520 Pacific Street. The assessment revealed that several unpermitted modifications and additions had been made to the rear units that were not in compliance with Tustin City Code and minimum Building Code requirements; D. That Pursuant to Tustin City Code Section 5503, on September 16, 2010, the City of Tustin sent notice for recordation of a Notice and Order for the property at 520 Pacific Street. Said Notice and Order provided written notice of the existence of a public nuisance on the property as determined by the Enforcement Officer and required the correction of code violations related to unpermitted structures constructed in violation of the Tustin City Code including the City of Tustin Building Code and Zoning Code; E. That, pursuant to Tustin City Code Section 5503, the Enforcement Officer is defined as the Community Development Director or any other person or City officer or employee to enforce property maintenance, zoning, and other nuisance abatement regulations and standards of the City; 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; 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 City of Tustin." The Community Development Department of the City of Tustin may send, by certified mail, return receipt requested, to the owner, as shown on the last equalized assessment roll, of any nonconforming building or structure, or of any property upon which any prior nonconforming use exists, a demand that said owner shall furnish to the City of Tustin a statement, under oath, on a form submitted for said purpose, setting forth a detailed description of said use. Said statement shall be filed with the Community Development Department of the City of Tustin within thirty (30) days from the date of such demand. Upon any failure to duly file such a statement as herein provided, said building, structure and use shall conform to all regulations of the zone in which it is located within thirty (30) days after such failure.'; Q. That there is evidence substantiating that the unit above the garage located behind the main house and the 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 VWVII, 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. 4162 Page 4 ii. There is evidence that 520 and 520'/2 existed as shown on the Santa Ana Street Address Directory published in August of 1952 (Attachment 2 of Exhibit B). iii. The son of the original owner, Robert Stephen Gaylord, provided a signed statement indicating that "the unit above the garage was built roughly between 1938 and 1942". Said letter stated that "the unit behind the garage was built by [his] father [George T. Gaylord] between 1945 and 1950". The letter further states that this unit, including two rooms and a bathroom, were built by George Gaylord for Robert and his brother to occupy. Mr. Gaylord's letter further indicated that "the rooms were made available to others" of which the only person he remembered was Ms. Grennan who was a caretaker for his parents until they sold the house sometime after 1978. (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. ll. 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 Pack 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. ST E ffAK Chairp 01 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 NO. 4162 GENERAL (1) 1.1 The existing nonconforming structures and uses shall substantially conform with the findings set forth in Resolution Nos. 4162 and 4161 and are hereby limited to the Conditions of Approval in accordance with this Exhibit. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with, as specified, or prior to, the issuance of any building, plumbing, electrical, or mechanical permit for the subject property. (***) 1.3 Determination of nonconforming structures and uses is contingent upon the property owner(s) signing and returning to the Community Development Department the following: a) A notarized "Agreement to Conditions Imposed" form within ten (10) days of the date of Planning Commission determination. b) The property owner(s)/appellant shall provide a statement, under oath, on a form submitted for said purpose, setting forth a detailed description of the nonconforming structures and uses pursuant to TCC Sec. 9273(b). (Attachment 1 of Exhibit A) Original Attachments Not Attached Hereto (available on City archive documents) ATTACHMENT 4 CC Report March 1, 2011 Planning Commission materials c. December 14, 2010) PC Staff Report HFARING AJ �PFAI, D. RFPORT 'Vi E=f-. T! DATE _.FI`/II.;i._ R i�f, 201 _r %{ ANNING COMMISSION MISSION 'r^is20i,r�r�r-nLc F1-�'OM: 1-1 17ABETH A. BINSACK, COMMUNITY DEVELOPMENT DIRECTOR Y iEf RY HUANG, BUILDING OFFICIAL PREPARED BY: ,",MY THOMAS, AICD, SENIOR PLANNER SUBJECT: "ONTINUED APPEAL OF NOTICE AND ORDER AT 520 PACIFIC a 1 -RE -°T (CON-i-iNUED FROM OCTOBER 26, 2010 AND NOVEMBER 9, 2010) BACKGROUND AND DISCUSSION: On September '16, 2010, the City of Tustin recorded a Notice and Order for the property at 520 Pacific Street (Tustin City Code. Section 5503), The current property owner of 520 Pacific Street (AF"N 401-371-07), Bret Fairbanks, has filed an appeal of the Notice and Order. I n accordance wiih Tustin City Code: Sections 810*1 and 9294, the Pianning Commission may consider the appeal of the Notice and Order acting in its capacity as the Board of Appeals in considering Building Code violations and as [lie appeal hearing body for Zoning Code violations - On October 26, 2010, the Planning Commission/Board of Appeals considered the appeal of the Notice and Order at 520 Pacific Street. At the conclusion of the meeting, the Commission/Board continued the item and directed staff to meet with the appellant to discuss possible, alternatives. Following the meeting, staff met with the appellant to identify How th(n. could be constructed and occupied in a safe and conforming rnannrer. However -. ihes c.orrec'r:ion measures were not acceptable to the appellant- �')n November % ! 10; the Planning Commission/Board of Appeals considered the continued appeai the Notice and Order then directed staff to prepare resolutions with iplfi.,+{i.iii`��ic�� fes. u� iE. fii��7�� i,..,; i�1:tt�f rY�rl ll: it lui lit:dr i .��_ .�'.yt t:�IL7L''ILU d6 i'ri10r1for! nlrli, %,. _ aiS() dl:'ecle tiie appellant to schedule an Inspectio(' tc detemnine =.ii�r _,..•`j�,.. •,l�� ;' ..'-.,mF. k/ 1h ilhf1ic'.:1 iding "odes Ap;et52OPoMMeet P�yz� The mo|Vtim"; (veSc:!'dion 0oy�1S1 and 4162) are allaChed hereto in AtachmcntA Pursuant hzTC(I Sm 02/3/b>. the propeqyOvvnecs must provide a otaiernent, under o2tk. 'on -a form foi sav! grpCSe` setting fOlh G det8i|8d Dffhe nOoC0nfonving atructuren and uses, On Deoennber 2. 2010. a Declaration of N0ncDnf0nning and Uses which was reviewed by the City AUnrOey. was to MYand Stephanie Fairbanh3 for oOlarizSd signature.[� da"Le, the dooumeni (os Wched in Exhibit ,4 of Reso|uhon No. 4162 Conditions of Approval AttmChrnent 1) has n��been signed. RECON\O8ENDAT[[JN l|�aƒ the ("ornnniasion /auting in ics capacity GS the Board of Appeals porTCC Section 8101 and achng as tie appeal hearing body Per TCC Section 8242) adopt Reso|uUon No. 4161 aOinningthe Notice and {}rderfor Building Code vio|ationSand adopt F<eaoluii0n No. 4162 'as revised) afDnning nonconforming status of certain buildings, s�ructures, and uses at the rwoperiy at 520 Pacific Street. �^ ArnyThon1oo.A|CP SeniorP|enner ' Building Official �(|Zabeth/\.�in�G�k C0rn|nunity �eve!oyrn8nt Di/eci0r AP{�Re�oic�ion�c 41O1 4162 Original Attachments Not Attached Hereto (available on City archive documents) ATTACHMENT 4 CC Report March 1, 2011 Planning Commission materials d. November 9, 2010 PC Staff Report ITEM #2 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 Officer for the property at 520 Pacific Street. The Planning Commission will act in its capacity as the Board of Appeals in considering Building Code violations and as the appeal hearing body for consideration of the Zoning Code violations that were applied in the Notice and Order. On October 26, 2010, the Planning Commission/Board of Appeals considered the appeal of the Notice and Order at 520 Pacific Street. At the conclusion of the meeting, the Commission/Board continued the item and directed staff to meet with the appellant to discuss possible alternatives. Following the meeting, staff met with the appellant to identify how the structures could be constructed and occupied in a safe and conforming manner. These correction measures however were not acceptable to the appellant. Appeal 520 Pacific Street November 9, 2010 Page 2 RECOMMENDATION City staff is recommending that the Planning Commission (acting in its capacity as the Board of Appeals per TCC Section 8101 and acting as the appeal hearing body Per TCC Section 9242) affirm the Notice and Order for the property at 520 Pacific Street. BACKGROUND AND DISCUSSION On September 16, 2010, staff issued a Notice and Order at 520 Pacific Street based upon significant substandard building conditions which violate the City's Building Codes. On September 23, 2010, the current property owner, Mr. Bret Fairbanks, filed an appeal of the Notice and Order. On October 26, 2010, the Planning Commission considered an appeal of the Notice and Order in their role as Board of Appeals and the appeal hearing body. A memo was provided to the Planning Commission to clarify the Commission's roles as the Board of Appeals and the appeal hearing body in considering the appeal of the Building and Zoning Code respectively. The memo outlined the limited scope of what may be considered with this appeal. At the October 26, 2010, meeting Mr. Fairbanks submitted a letter related to the appeal and included the following general questions/comments/concerns: • When does the City recognize the units were built? • How the City determines if a structure can remain if it has no permits • If the City would consider a structure legal if it is deemed historical on the survey and has no permits. • Both units on the property existed at the time of the adoption of the Zoning Code and should be considered non -conforming structures After testimony by Mr. Fairbanks and the public, the Planning Commission/Board of Appeals continued the matter to provide staff an opportunity to meet with the appellant and provide additional information. This report discusses the following topical items. The prior Planning Commission report is also included as Attachment D for detailed and comprehensive analysis of the appeal. A. A brief description of the composition and purpose of the Board of Appeals and of the Planning Commission as the appeal hearing body; B. Building Code and Zoning Code Violations C. How the City determines if a structure can remain if it has no permits D. Densification of Old Town Appeal 520 Pacific Street November 9, 2010 Page 3 Composition and Purpose of the Board of Appeals and the Planning Commission as the Appeal Hearing Body Board of Appeals The Board of Appeals may consider evidence that is relevant to whether the true intent of the City of Tustin's adopted California Building Code or the rules adopted there under have been: • Incorrectly interpreted or • If the provision of such code does not fully apply. However, the Board of Appeals shall not have authority to: Interpret the administrative provisions of the Tustin Building Code; nor to Waive requirements of the Tustin Building Code. After consideration of the appeal and the evidence provided, the Board of Appeals shall make a determination and issue an order either: A. Affirming, B. Reversing, or C. Modifying the Notice and Order. The Building Codes are legal instruments governing the construction, use, and maintenance of buildings and structures. These codes contain certain provisions which allow some discretion but other requirements of the code must be followed to the letter. Granting relief from code requirements would constitute an exception, which is not within the scope of authority of the Board of Appeals. For this appeal, the Board should consider, based on evidence, whether a violation of Building Code section 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. In addition, the following provides timeline and code compliance issues using historical and current building codes where applicable. Appeal 520 Pacific Street November 9, 2010 Page 5 Timeline Pursuant to the City Historical Survey Report, the main house was built in 1929 and that a Completion Notice was issued in that same year. At the October 26, 2010, meeting Mr. Fairbanks included a letter dated October 25, 2010 from Mr. Robert S. Gaylord, previous owner of the property, which indicated that his father built the house, garage, and the apartment above the garage and provided timeline of when the structures were built. In summary, the following are timelines based upon the historical survey report and letter from Mr. Gaylord: • The main house (original construction) was built in 1929 • The unit above the garage was built roughly between 1938 and 1942. • The unit behind the garage was built roughly between 1945 and 1950 Mr. Fairbanks indicated in his testimony and his letter to the Planning Commission that the two units existed on the property for over 60 years and that the California Historical Building Code should be applicable to these structures. In response, use of the 2007 California Historic Building Code (CNBC) provides some leniency for existing qualified historical buildings. The intent of the code is to protect the public health and safety and also retain enough flexibility to allow restoration of a historic feature while still retaining its historic integrity. Through the permitting and entitlement process, of which the Notice and Order directs the owner to complete, the CHBC may be utilized to ensure that any historical structures on the subject site are in compliance with the code requirements of the time it was built. However, in order to use the CHBC, the structure under consideration must be qualified by being designated as an historical building or structure. Based on the Notice of Completion for 520 Pacific Street and the City of Tustin Historical Survey, the main dwelling house and garage are the historic structures on the site. "it is the intent of the CHBC to allow non -historical expansion or addition to a qualified historical building or property, provided non -historical additions shall conform to the requirements of the regular code (CNBC Sec. 8-102.1.1)". Therefore, only those qualified structures would be afforded the historic leniency and all other additions, alterations, and/or repairs would be subject to current code requirements. Given the applicability of the CHBC, staff took a step further analyzing the substandard conditions using the timeline provided by Mr. Gaylord. The following are the City's building code timeline which applied at the time the structures were built. • The 1927 Uniform Building Code (UBC): in effect from June 3, 1929 until July 7, 1942, when the City of Tustin adopted the 1940 Uniform Building Code. • The 1946 UBC updated in 1947 0 1949 UBC updated in 1949 Appeal 520 Pacific Street November 9, 2010 Page 6 • Current 2007 California Building Code (note: codes area typically updated every three to five years). In summary the following timeline could be used when comparing the time when each structure was built and the applicable Uniform Building Codes: Unit above the Garage — UBC 1927 Unit behind the Garage — UBC 1946 and 1949 Original Construction (General) Following the Planning Commission meeting, staff was provided with a copy of the original Notice of Completion which was issued to the original owners, George and Alice Gaylord, on January 7, 1929 (Attachment B). The Notice of Completion noted that the buildings constructed included "A dwelling house and garage" (see page 4 of Attachment B). This indicates that the only habitable building on the site was the "dwelling house" and that the garage was ancillary to the main house. Some other violations include, but not limited to, the following: Issues: • The use of the property as a triplex (with 3 units) changes the building occupancy from R3 (single family residential) to R1 (multiple family) • It could not be determined if footing/foundations exist to provide adequate structural bracing and support to the structures • No fire separation walls between units; therefore not in compliance with one hour separation requirements which poses a potential fire hazard to occupants • Pursuant to the zoning code; the property does not have sufficient lot size to accommodate a second or third unit (Requires min. 12,000 sq. ft. lot; however this lot is 10,000 sq. ft) • Guest unit (no kitchen facilities) requires CUP. Appeal 520 Pacific Street November 9, 2010 Page 7 • This number of units would need to be located in an R-2 or R-3 district and would require a minimum of 7 parking stalls to support the added residential use. Code Violations: • 1927 UBC Sec. 201 Application for Pen -nit; California Fire Code Section 102.3 Change of use or occupancy,- California Fire Code Section 102 Unsafe Building or Structures • 1927 UBC Sec. 201 Application for Permit • 1927 UBC Sec. 2204 Foundations required California Fire Code Section 102 Unsafe Building or Structures 1927 UBC Sec. 503 Mixed Occupancy • TCC 8100 Adoption of 2007 California Building Code Al 05.1 — Permits Required • 2007 California Building Code Table 503; California Fire Code Section 110.1 Unsafe Conditions • TCC 9223a7(b)- minimum building site for second residential unit is 12,000 square feet • TCC 9223b2 Accessory buildings used as guest rooms, providing no cooking facility is installed or maintained, subject to Conditional Use Permit Garage and Unit above the Garage As noted, there are several substandard conditions that exist on the unit above the garage. These substandard conditions are not only in violation of UBC 1927, but also the subsequent building codes adopted by the City. Exhibit A provides detailed information for each of the code violation; however, the following provides general examples of the issues and violations. Issues: • The second story wall construction and windows adjacent to the property line do not comply with fire protection requirements. • The opening is not permitted as shown • Exterior wall is not fire rated; • Primary (and only) stairway restricts ingress egress in case of fire or other emergency. • The staircase is built over the property line • A guest unit requires a 5 foot setback to property line (PL). There are several issues associated with the location of this staircase; most imminent is the lack of emergency access and safe egress from the unit. Appeal 520 Pacific Street November 9, 2010 Page 8 Code Violations: • 1927 UBC Sec. 1403 Openings and Walls and 2007 CBC Section 1024.3 Exit discharge location + 1927 UBC Sec. 1403 Openings and Walls and TCC 9223b2(e) requires 5 ft. setback to property line • 1927 UBC Sec. 3206 Roof Drainage, 2007 CBC Section 1101.1 all roofs shall be drained into a separate storm sewer system, and 2007 CBC Section J109.4 — Drainage across property line • 1927 UBC Sec. 1403 Openings and Walls and Section 1403 of TCC 8100 Adoption of 2007 California Building Code Issues: • Railing has no intermediary posts and the run and rise are not compliant with Building Code requirements nor is the unprotected back which is open. This poses a potential falling hazard for small children. • Note: Given that the structure at this location is constructed over the property line a person that may fall through, would fall onto the adjacent property. Code Violations: • 1927 UBC Sec. 201 Application for Permit • 1927 UBC 3305 Railings • TCC 8100 Adoption of 2007 California Building Code A105.1 — Permits required • TCC 8100 Adoption of 2007 California Building Code 1012 Handrails — handrails required for stairways TCC 8100 Adoption of 2007 California Building Code 1013 Guards Appeal 520 Pacific Street November 9, 2010 Page 9 Issues: • Furnace installed without required permits and does not meet clearance requirements and creates a potential fire hazard. • Exposed electrical next to unpermitted furnace which causes potential fire hazard. Code Violations: • 1927 UBC, Electrical Code, and Plumbing Code • 1927 UBC Sec. 3707 Warm Air Furnaces • 1927 UBC Sec. 3714 Other Sources of Heat TCC 8100 Adoption of 2007 California Building Code A105.1 —Permits required • 1927 UBC, Electrical Code, and Plumbing Code • TCC 8100 Adoption of 2007 California Building Code A105.1 — Permits required Issues: • Shower added on to original structure. This requires a building permit to add additional square footage (pop -out) and permits for plumbing, and waterproofing. Code Violations: 0 1927 UBC Sec. 201 Application for Permit Appeal 520 Pacific Street November 9, 2010 Page 10 • 1927 UBC, Electrical Code, and Plumbing Code • TCC 8100 Adoption of 2007 California Building Code A105.1 — Permits required) Issues: • Kitchen cooking facilities not permitted in guest unit. • Plumbing and electrical installed without permits. Permits are required to insure that life safety protocol is followed and installation is done according to plan. Without such permits and inspection, installation may create fire hazard, water damage, etc. Code Violations: • 1927 UBC, Electrical Code, and Plumbing Code • TCC 9223b2 No cooking facilities permitted in guest unit • TCC 8100 Adoption of 2007 California Building Code A105.1 —Permits required Issues: • No rating separation between walls of garage and living units; thus exposing tenants above and next to the garage to fire hazard originating in the garage. • Electrical wiring: • Romex cannot be exposed or unprotected and must be attached/secured. (Romex was first used in the 1950's. Color coding (yellow) wasn't available until 2001) Appeal 520 Pacific Street November 9, 2010 Page 11 Code Violations: • 1927 UBC Sec. 1403 Openings and Walls 2007 CBC Table 406.1.4 Fire - Resistance Rating Requirements for Exterior Walls Based on Fire Separation Distance • 1927 UBC, Electrical Code, and Plumbing Code • 1927 UBC Sec. 201 Application for Pen -nit • 1927 UBC, Electrical Code, and Plumbing Code • 2007 CEC Article 334.15 Exposed Work and Article 330.30 Securing and Supporting Unit behind the Garage There are several substandard conditions exist on the unit behind the garage. These substandard conditions are not only in violation of UBC 1927, but also the subsequent building codes adopted by the City. Issues: • Unit does not meet fire rating requirement: • 5 foot setback required to property line to protect occupants from fire hazards; or • Safety personnel responding to an emergency. Code Violations: • 1927 UBC Sec. 1403 Openings and Walls 2007 CBC Table 602 Fire - Resistance Rating Requirements for Exterior Walls Based on Fire Separation Distance (1927 UBC Section 1403, less than 3 feet) • TCC 9223b2 minimum side yard setback 5 feet Appeal 520 Pacific Street November 9, 2010 Page 12 Issues.- Ceiling ssues:Ceiling heights vary and do not meet the TT height requirement Code Violations.- * iolations:• 1927 UBC Sec. 201 Application for Permit • 2007 CBC Section 1208.2 Ceiling height minimum Issues: • Heater installed with a gas line without permits. • It is installed on a combustible wood sided wall which poses a potential fire hazard due to the combustible material • Unsecured and exposed gas line on the interior which poses a potential gas leak and fire hazard within the rear unit Appeal 520 Pacific Street November 9, 2010 Page 13 Code Violations: • 1927 UBC Sec. 201 Application for Permit • 1927 UBC, Electrical Code, and Plumbing Code • TCC 8100 Adoption of 2007 California Building Code A105.1 — Permits required • Subject to manufacture's installation standards and mechanical/plumbing permit • 1927 UBC Sec. 201 Application for Permit 2007 CMC Section 1311.2.6 Hangers, Supports, and Anchors and 1311.7 Outlets Issue: • Insulation (appears to be straw bale) has high flame spread rating Code Violations: • 1927 UBC Sec. 1403 Openings and Walls 2007 CBC Section 719.2 concealed installation. Insulating material shall have a flame spread index rating of not more than 25 and smoke development index of 450 or less Issues: • Improper and substandard electrical wiring without permit • Power strip next to kitchen sink where a range might have been previously • Plumbing added without permit • Kitchen is not permitted (per zoning) • (Le_ plumbing, electrical, etc.) Code Violations: • 1927 UBC Sec, 201 Application for Permit 1927 UBC, Electrical Code, and Plumbing Code Appeal 520 Pacific Street November 9, 2010 Page 14 1927 UBC Sec. 3710 stoves • 2007 CFC Section 605.5 Extension Cords 1927 UBC Sec. 201 Application for Permit • TCC 8100 Adoption of 2007 California Building Code Al 05.1 — Permits required) TCC 9223b2 No cooking facilities permitted in guest unit Other Structures (Recreation Room) Ceiling height does not meet minimum Does not appear to have proper insulation Issues: • The room is considered "habitable space" and appears to not provide sufficient, ventilation, heat and light • Ceiling height is too low and should be a minimum 7'6" Code Violations: 1927 UBC Sec. 201 Application for Permit 1927 UBC Sec. 1405 Light, Ventilation and Sanitation • Habitable space as defined by CBC is a space in a building for living, sleeping, eating or cooking. Therefore, it requires sufficient light, ventilation, heat, etc • 2007 CBC Section 1208.2 minimum 7'6" Conclusion to Building Violations As shown in above and Table 1 of Attachment A, there are several code compliance issues that met neither the 1927 Uniform Building Code (UBC) nor the current 2007 California Building Code (CBC). There were several additions, alterations, and/or repairs that have been done to the structures at the property subsequent to the construction of the original buildings without benefit of permit. Several of the code compliance issues that were in violation of the 1927 Uniform Building Code similarly violate the 1927 UBC, and the 2007 California Building Code, as utilized today. Appeal 520 Pacific Street November 9, 2010 Page 15 Essentially, the same or similar code provisions were in effect since the time of construction of the original home in 1929. Zoning Code Violations The City incorporated in 1927 and the adoption of the first Zoning Ordinance by the City of Tustin was on April 7, 1947 (Ordinance No. 71). The ordinance provided comprehensive zoning for the City at that time. It established zoning regulations for the "R-1 One Family District" that allowed a guest unit for "temporary guests" of the occupants; however, no kitchen was allowed subject to site limitations (i.e. minimum 8,000 square foot lot). On November 6, 1961, Ordinance No. 157 provided a new Zoning Code which permitted a guest house with no cooking facilities and was subject to a Conditional Use Permit (CUP). Second residential units were first established in the Tustin Zoning Code at that time and set forth standards to which a second unit was subject, including a minimum lot size of 12,000 square feet and one additional parking space (in addition to one for the main house). The site standards have remained much the same with the exception of the 2002 State Law which required second units to be reviewed ministerially and not be subject to a CUP. Although the garage was indicated on the original Notice of Completion at the site, the use of the second story as a residential unit with a kitchen was not permitted and the subject site has never met the minimum lot size required to accommodate a second unit. There are no permits on file for use of the structure as a livable unit. In the R-1 Single Family District, guest houses or guest units were historically intended for "temporary guests" and the use is accessory to and in conjunction with the main house; not as two commercial apartment units. How the City determines if a structure can remain if it has no permits In Mr. Fairbanks letter to the Planning Commission submitted at the October 26, hearing, the appellant indicated that there are several properties in Old Town that do not have permits on file with the City (Attachment C, page 2). Mr. Fairbanks also questioned if the City would consider a structure legal if it is deemed historical on the survey and has no permits. City records indicate that, in 1959, several "old permits and job records" on file with the County were destroyed by resolution order. It is not uncommon that permits are either unable to be located or have been destroyed; however, all buildings and structures built in the City of Tustin would have been subject to obtaining permits which would have ensured compliance with the code requirements of the time. Therefore, even if permits cannot be located, all structures, electrical, mechanical, and plumbing work would have been subject to meeting the minimum code requirements at the time they were added, altered, or repaired. Appeal 520 Pacific Street November 9, 2010 Page 16 The City in the past has encountered properties with similar violations. These properties have been either brought into compliance or currently have pending case files. Non -conforming structures Mr. Fairbanks also noted that both units on the property existed at the time of the adoption of the Zoning Code and therefore should be considered non -conforming structures. A nonconforming structure, as defined in the American Planning Association A Planners Dictionary (April 2004), "is a structure or a portion thereof which was lawfully erected and which has been lawfully maintained," but which "no longer conforms to the regulations and requirements of the zone (district) in which it is located". In the Curtin's California Land Use and Planning Law, a non -conforming use is described as a lawful use existing on the effective date of a new zoning ordinance restriction that has continued since that time without conformance to the ordinance. In order to be considered nonconforming structures, the structures at 520 Pacific Street must have been lawfully erected and maintained. Therefore the structures are not considered nonconforming. Densification of Old Town At the last Planning Commission, several individuals indicated that there are other properties in Old Town that have several units on a property. As indicated in the prior staff report (Attachment D, page 7), the City has considered several proposals to increase the density of properties located in this area of Pacific Street and the broader Old Town area; however, each time the community has been outspoken against any increased density and the City has denied such requests. Additional documentation evidencing such opposition to another property located at 440 Pacific Street has been included for reference (Attachment E). The petition was signed by several neighbors on Pacific Street, including Bret and Stephanie Fairbanks, opposing the proposal for their neighbor to build a guest house. The property owner at 440 Pacific Street went through the Conditional Use Permit process which was approved by the Zoning Administrator. He then obtained all the required permits and ultimately rebuilt the unit to conform to Tustin City Code requirements. Amy Thomas, _AICP L`~ Senior Planner Appeal 520 Pacific Street November 9, 2010 Page 17 f'�YHenry Huang, P.E., C.B.O. Building Official Elizabeth A. Binsack Community Development Director Attachments: A. Code Compliance Issues Table with 1927 Edition Uniform Building Code B. January 7, 1929, Notice of Completion C. October 25, 2010, Letter submitted at Planning Commission Meeting from Bret Fairbanks D. PC Staff Report and Attachments from October 26, 2010 E. 440 Pacific Street opposition petition F. PC Resolution No. 4161 G. PC Resolution No. 4162 S:\CddXPCREPOR1120101PC Agenda Appeal 520 Pacific continued.docx Original Attachments Not Attached Hereto (available on City archive documents) ATTACHMENT CC Report March 1, 2011 Planning Commission materials e. October 26, 2010 PC Staff Report ITEM #3 APPEAL HEARINGAGENDA 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 City of Tustin's adopted California Building Code (Sec. 8101), the Board of Appeals may consider evidence supporting the Enforcement Officer's determination that a public nuisance exists at the subject property due to the dangerous conditions present at 520 Pacific Street which originate from violation of the following Building Code section: California Building Code A105.1 (Adopted per Tustin City Code 8100) - Permits Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. B. Appeal Hearing Body Pursuant to Tustin City Code Section 9294, the Planning Commission may consider the evidence supporting the Enforcement Officer's determination that a public nuisance exists at the subject property due to the dangerous conditions Appeal 520 Pacific Street October 26, 2010 Page 3 present at 520 Pacific Street which originate from violation of the following Zoning Code sections: Tustin City Code 9223(b)(2) — Single Family Residential District (R-1) — Conditionally Permitted Uses and Development Standards — Accessory buildings used as guest rooms, provided no cooking facility is installed or maintained are subject to a Conditional Use Permit. Tustin City Code 9223(b)(2)(d) — Single Family Residential District (R-1) Minimum side yard setback for accessory buildings used as guest houses. Corner lot line 10 feet; interior lot line: 5 feet. SITE DESCRIPTION The property at 520 Pacific Street is located at the south end of Pacific Street north of West 6th Street. The property is located within the Single Family Residential District (R- 1) and is within the Cultural Resources Overlay District (CR). The R-1 District allows for single family dwellings and accessory buildings and uses including, but not limited to, accessory buildings and second residential units (subject to specific site development standards; i.e. minimum 12,000 sq. ft. building site; must provide two additional garage parking spaces; etc.). Accessory buildings used as guest rooms are conditionally permitted subject to the approval of a Conditional Use Permit (CUP) and are subject to specific site development and use restrictions (i.e. no cooking facility may be installed or maintained; they shall not be rented; etc.). Aerial photo of 520 Pacific Street Appeal 520 Pacific Street October 26, 2010 Page 4 The lot size of the property at 520 Pacific Street is approximately 10,000 square feet (0.23 acre) and contains the following structures: Single story main house (1,342 sq. ft.) Two-story garage (16'5" x 18') with a studio apartment (309 sq. ft.) above Third unit (325 sq. ft.) located at ground level to the rear (west) of the garage Detached storagelrecreation room (298 sq. ft.) located directly behind the main house along the north property line 5. Small detached storage unit located along the rear west property line (approx. 150 sq. ft.) (not to scale on plan) 6 Covered parking structure (which is attached to the main house and the garage) (Numbers correspond to site plan and site photos below) Site Plan submitted 8130110 (Also refer to Attachment C site plan dated 8/30/10) / 21' / 11. / 21' / \ SITE PLAN ' NTS Site Photos at 520 Pacific Street (Additional site photos in Attachment D) View from Pacific Street: Main house, carport, and two-story garage t kXIS1IWi � \ _A 111E MIA ♦ wnw tbr 1 ❑r, mr - Iq.F1U x11 •• e1 Rr \ MAIN nuaw:YwY "'Ift"RNY W'f I W / �, / yam• s/ K"IUENC'C ;,lr; ulli d1 / Li 11.11W P U`11f ,(H RRC(AYVUMIi 111 /O' -W IIAIfA4R IrM nuMaNl � 'f } \ � \ i \ - 0A.W. 1 !1H YpHY :StM. (IAR.V.Et FARKICOMM cf!Cil\I11.M11 t�l'PPR 1'N11 IMKIIPU/ ll .n.urr w•.frr � tlsprr — / 21' / 11. / 21' / \ SITE PLAN ' NTS Site Photos at 520 Pacific Street (Additional site photos in Attachment D) View from Pacific Street: Main house, carport, and two-story garage Appeal 520 Pacific Street October 26, 2010 Page 5 3 2,3 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: storage/laundry/recreation room g Appeal 520 Pacific Street October 26, 2010 Page 6 Historical Background: View looking west in rear yard: storage unit at rear property line The City of Tustin was incorporated on September 19, 1927. The subject property at 520 Pacific Street is located within the original City boundaries. The single story home was built in approximately 1928 or 1929. The first published building code, the 1927 edition of the Uniform Building Code, was adopted by the City of Tustin on June 3, 1929. Historical Timeline 1928 or 29- House 1926 constructed 1410 1925 1927 City 1929 Building 1931 Incorporation Code Adopted The earliest zoning map on file, from 1961, identifies the property as R-1 Single Family Residential and the current zoning for the property is R-1 Single Family Residential. Based on the City of Tustin Historical Survey and annexation records, this property was part of a subdivision of farmland to build single family homes prior to the City's incorporation. According to the Historical survey, the subdivider dedicated Main Street and Pacific Street while subdividing the lots for single family homes; then sold individual lots, including the property at 520 Pacific Street. Historically, the R-1 District has allowed guest house or guest unit uses within this district, however, the guest unit use has been restricted to "temporary guests" and no kitchen or cooking facilities were permitted_ The use of a second residential unit was first established in the City's Zoning Code in 1961. This use differentiated a guest unit from a second residential unit which allowed kitchen facilities for more permanent tenancy. However, the second residential unit has historically been permitted based on specific site development standards including: minimum lot size of 12,000 square feet; additional garage parking; etc. 520 Pacific Street is listed on the 1990 City of Tustin Historical Survey which noted the California bungalow architectural style and a brief history of how the area was developed (see Attachment E). The survey noted that the shiplap siding on the house, which was made in the 40's and 50's, covers the gables, which might indicate that the roof of the rnain house was not original. It also notes a carport and garage located on the south side behind the house. The survey further noted that the [two story] garage appeared to be original based on the roof and siding that was consistent with the original building period. Appeal 520 Pacific Street October 26, 2010 Page 7 Some permits have been issued on the subject property; however, there are no permits that authorize the construction or use of additional residential units at 520 Pacific Street. Over the past several decades, the City has addressed residential conversions that have been done without benefit of permits. For example, code enforcement officers have responded to complaints that have arisen in the Old Town area of Tustin of construction being done without permits or of multiple rental units in the R-1 Single Family District. Several recent cases, including two cases located on Pacific Street are currently working through or have completed the permit process to bring their property and unpermitted accessory units into compliance with the Tustin City Code. Historically, the City has considered several proposals to increase the density of properties located in this area of Pacific Street; however, each time the community has been outspoken against any increased density and the Planning Commission has denied such requests. Records indicate that, in 1955, The Planning Commission held a public hearing to consider a variance to add a second dwelling unit at the rear of 530 Pacific Street and to add two additional dwelling units at the back of the property at 540 Pacific Street. However, after discussion with applicants and objectors, the request was denied. Other requests to increase density in the Old Town area were denied, including a Zone Change request in 1969 to rezone a parcel at the corner of Pacific and Main from R-1 Single Family Residential to the Planned Community Residential District in order to accommodate an increase in density to 34 dwelling units (DU) per acre (more than eight times the 4 DU per acre allowed by Tustin General Plan). Code Enforcement at 520 Pacific Street On July 27, 2010, Mr. Bret Fairbanks, the property owner of 520 Pacific Street, initiated contact and sent a letter to the Planning Division. The letter stated that he was selling his property and the home was in escrow. Mr. Fairbanks further stated that the property has a single family residence in front, with two guest homes in the back. Mr. Fairbanks requested a confirmation letter from the City stating that, in the event of a fire, earthquake, or disaster, the City would allow the guest units to be rebuilt (see Attachment F). On August 4, 2010, Planning Division staff did a preliminary search of City records and sent a zoning confirmation letter to Mr. Fairbanks informing him that no permits were issued for the two guest units which were noted in his letter and that a Conditional Use Permit (CUP) (which is required to a establish non -rentable guest units within his (R-1) zoning district) had not been issued for the use. Mr. Fairbanks was also informed that, based on Tustin City Code, a non -conforming building destroyed to the extent of more than fifty percent of its reasonable value may be restored or used only in compliance with the regulations existing in the district wherein it is located. Provisions for reconstruction of non -conforming buildings do not apply to structures or additions which have been constructed without the benefit of permits. To legalize the existing guest units (without a kitchen), approval of a CUP would be required (Attachment G). Appeal 520 Pacific Street October 26, 2010 Page 8 Shortly after the zoning confirmation letter was sent by Planning Division staff, the case was forwarded to Code Enforcement for follow up. Code enforcement officers conducted a thorough search of city records and requested a search of County records for any documentation associated with 520 Pacific Street. However, no permits for the guest units were found. Code enforcement officers also found the subject property advertised online and located two "for sale" postings. Both postings identified a "studio guest house with kitchenette" over the detached two car garage and a "second guest house with one bedroom, living room, and kitchen behind the garage". On September 10, 2010, the property owner allowed City staff to do a cursory on-site assessment of the Online posting for 520 Pacific property (see photos in Attachment D). Several life street safety code violations and other issues were noted by Planning and Building Division staff (A detailed list of the main concerns/code compliance issues and the related code violations are shown in Table 1 of the Analysis section of this report). On September 16, 2010, the City of Tustin recorded a Notice and Order Pursuant to Tustin City Code Section 5503 for the property at 520 Pacific Avenue. The Notice and Order provides written notice of the existence of a public nuisance and requires the correction of code violations related to illegal structures constructed in violation of the Tustin Building Code and Zoning Codes. In part, Section 5502(b) states a public nuisance exists when "any condition... exists upon any premises that is dangerous to human life or is detrimental to health as determined by an appropriate city official' (see Attachment A). The Notice and Order provision is set forth in Chapter 5 of the Tustin City Code for Property Maintenance and Nuisance Abatement Regulations and Standards. The purpose of this chapter is to "provide for the abatement of conditions which are offensive or annoying to the senses, detrimental to property values and community appearance, an obstruction to or interference with the comfortable enjoyment of adjacent property, or hazardous or injurious to the health, safety or welfare of the general public in such ways as to constitute a nuisance". ANALYSIS: During the cursory on-site assessment of the property on September 10, 2010, City staff noted several code compliance issues at the property. The following table outlines the code compliance issues and concerns; code sections applicable (including California Building Code as adopted by Tustin, California Fire Code, and Tustin City Zoning Code); and photos taken during the assessment. Appeal 520 Pacific Street October 26, 2010 Page 9 TABLE 1 CODE COMPLIANCE ISSUES Location Code Compliance Code Sections Photos Issue applicable The use of the property California Fire Code as a triplex (with 3 Section 102.3 Change of units) changes the use or occupancy; a building occupancy California Fire Code from R3 (single family Section 102 Unsafe residential) to R1 Building or Structures (multiple family)_ It could not be California Fire Code determined if Section 102 Unsafe ► footing/foundations Building or Structures ) exist to provide adequate structural bracing and support to the structures Multiple residential No fire separation walls Building Code Table between units; 503; California Fire Code units built after therefore not in Section 110.1 Unsafe original structures compliance with one Conditions w/o permits hour separation requirements which poses a potential fire hazard to Occupants Mechanical, electrical, TCC 8100 Adoption of and plumbing (including 2007 California Building HVAC) installation Code Al 05A — Pennits Bathroom work done without required)M permits in pp er Permits are required to unit w/ no insure that life safety permits protocol is followed and a •, C: installation is done E Il l A according to plan. Without such permits f and inspection, .-- installation may create , fire hazard, water ' damage, etc. Pursuant to the zoning TCC 9223a7(b)- code; the properly does minimum building site for . not have sufficient lot second residential unit is size to accommodate a 12,000 square feet Second and second or third unit TCC 9223b2 Accessory third residential (Requires min. 12,000 buildings used as guest sq. ft. lot; however this rooms, providing no units lot is 10,000 sq. ft) cooking facility is Guest unit (no kitchen installed or maintained, facilities) requires CUP. subject to Conditional This number of units Use Permit would need to be located in an R-2 or R-3 district and would require a minimum of 7 parking stalls to support the added residential use Appeal 520 Pacific Street October 26, 2010 Page 10 )cation Code Compliance Code Sections Photos Issue applicable The second story wall Section 1403 of TCC construction and 8100 Adoption of 2007 '' t windows adjacent to the California Building Code property line do not comply with fire protection Insufficient requirements._ setback to The opening is riot PL permitted as shown; exterior wall is not fire rated; primary (arid only) stairway restricts ingress egress in case of fire or other emer enc . Furnace installed TCC 8100 Adoption of without required permits 2007 California Building does not meet Code A 105.1 — Permits clearance requirements requhed and creates a potential fire hazard. Exposed electrical next TCC 8100 Adoption of to unperrmitted furnace 2007 California Building which causes potential Code A105.1 — Pennits , fire hazard. required Electrical device next to heater Kitchen cooking TCC 9223b2 No cooking facilities not permitted facilities permitted in in guest unit. guest unit Kitchen in Plumbing and electrical TCC 8100 Adoption of upper unit installed without 2007 California Building t permits. Permits are Code A105.1 — Permits required to insure that required life safety protocol is followed and installation is done according to plan. Without such permits and inspection, installation may create fire hazard, water damage, etc. Appeal 520 Pacific Street October 26, 2010 Page 11 Location Code Compliance Issue Shower added on to original structure. This requires a building permit to add additional square footage (pop - Out) and permits for plumbing, and waterproofing. 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. There is no property line firewall separation between staircase and the property line. The staircase is built over the property line A guest unit requires a 5 foot setback to property line (PL). There are several issues associated with the location of this staircase; most imminent is the lack of emergency access and safe egress from the unit. Roof drains onto neighboring property which may cause flooding. Code Sections TCC 8100 Adoption of 2007 California Building Code Al 05.1 - Permits required) TCC 8100 Adoption of 2007 California Building Code Al05.1 - Permits required TCC 8100 Adoption of 2007 California Building Code 1012 Handrails - handrails required for stairways TCC 8100 Adoption of 2007 California Building Code 1013 Guards - guards shall be located along open -sided walking surfaces including stairways located more than 30 inches above the grade below 2007 CBC Section 1024.3 Exit discharge location TCC 9223b2(e) requires 5 ft, setback to property line 2007 CBC Section 110 1. 1 all roofs shall be drained into a separate storm sewer system 2007 CBC Section 2007 CBC Section J109.4 - Drainage across property life Photos 1 Shower added w/o permits tow" - No inner } posts Aw Window at PL requires 5ft setback w w 121 a Appeal 520 Pacific Street October 26, 2010 Page 12 Location Code Compliance Code Sections Photos Issue applicable Structural supports do 2007 CBC Section �K '5 not provide sufficient 1604.1, 2301.2 General l supporting rafters Roof Design Requirements. Inadequate members are Floor joist supported strtrCtural undersized to provide along block fence rather adequate support than cantilevered from supports the two story structure 1 The carport is attached Change in occupancy to both the main house constitutes a multitude of Carport and the 2 -story garage CBC and Fire Code attached to and attached rear units; violations: making this a tri-plex California Fire Code main house unit pursuant to building Section 102.3 Change of and garage code fire rating. These use or occupancy; _ �` deficiencies create California Fire Code access hazards for fire Section 102 Unsafe access and may pose Building or Structures It additional hazards to CL occupants since the M occupancy changes v with a tri-plex (common terminology___ _ Unsupported electrical TCC 8100 Adoption of metal conduit (EMT) 2007 California Building Unsupported between garage and Code Al 05.1 — Permits house. The potential for required line over ft' damage and failure due " to the exposure of the line is increased and poses a potential fire hazard. No rating separation 2007 CBC Table 602 between walls of garage Fire -Resistance Rating and living units; thus Requirements for Exterior Romex wiring is exposing tenants above Walls Based on Fire unprotected and exposed and next to the garage Separation Distance to fire hazard originating in the garage. ~� Electrical wiring: 2007 CEC Article 334.15 Romex cannot be Exposed Work and exposed or unprotected Article 330.30 Securing and must be and Supporting attached/secured. (Romex was first used in the 1950's. Color New junction box without coding (yellow) wasn't permits Coln I �o available until 2001) Appeal 520 Pacific Street October 26, 2010 Page 13 Location Photos Issue applicable Unit does not meet fire 2007 CBC Table 602 , rating requirement; 5 Fire -Resistance Rating foot setback required to Requirements for Exterior property line to protect Walls Based on Fire occupants from fire Separation Distance hazards; or safety (1927 UBC Section 1403, personnel responding to less than 3 feet) r! an emergency. TCC 9223b2 minimum side yard setback 5 feet " Heater installed with a TCC 8100 Adoption of gas line without permits 2007 California Building != It is installed on a Code A106.1 — Permits 3 combustible wood sided t-equired i wall which poses a Subject to manufacture's C potential fire hazard due installation standards and o to the combustible mechanical/plumbing material permit co v Ceiling heights vary and 2007 CMC Section do not meet the 7'6" 1208.2 Ceiling height height requirement minimum Min. 5 It setback required (zero - 4 ft provided) Ceiling height does not meet min. 7'6" Appeal 520 Pacific Street October 26, 2010 Page 14 Location Code Compliance Code Sections Photos Issue applicable Improper and 2007 CFC Section 605.5 substandard electrical Extension Cords wiring without permit - Power strip next to kitchen sink where a range might have been previously — V 17 Plumbing added without TCC 8100 Adoption of permit 2007 California Building Code A105.1 — Pennits .E requited) TCC 9223b2 No cooking Kitchen in rear unit- not permitted Kitchen is not permitted (per zoning) facilities permitted in (i.e. plumbing, electrical, guest unit a etc.) L Unsecured and exposed 2007 CMC Section gas line on the interior 1311.2.6 Hangers, which poses a potential Supports, and Anchors gas leak and fire hazard and '1311.7 Outlets within the rear unit Exposed and unsecured gas line inside unit e y Insulation is nonrated Wall and opening and is combustible protection 2007 CBC (appears to be straw Table 602 Fire - bale) Resistance Rating ., Requirements for Exterior 3 Walls Based on Fire Separation Distance and C Table 704.8 Maximum Area of Exterior Wall v Openings L L M Combustible material installed between walls 2oto eta Appeal 520 Pacific Street October 26, 2010 Page 15 Location Code Compliance Issue Code Sections applicable Photos The room is considered Habitable space as "habitable space" and defined by CBC is a appears to not provide space in a building for sufficient, ventilation, living, sleeping, eating or v heat and light cooking. Therefore, it requires sufficient light, ventilation, heat, etc Ceiling height is too low 2007 CMC Section and should be a 1208.2 minimum T6" o minimum 7'6" 9 0 c O W W P U N Ceiling height does not meet minimum (Note: Code compliance issues noted in Table 1 based on cutso►y observations by City staff on September 10, 2010. The full extent of violations is unknown due to the limited ability to conduct a thorough assessment.) Building Code Appeal The appellant is requesting reconsideration of the Notice and Order for the determination of a public nuisance filed for the property at 520 Pacific Street. The appellant has indicated, in part, in his letter of appeal (Attachment B) that the Building Code section which requires permits would not apply to his property because he purchased the home over 10 years ago and the structures already existed. However, the current property owner is ultimately the responsible person for maintaining the property. "Responsible Person", as defined by the Tustin City Code is "the owner of property upon which a violation of the Tustin City Code occurs or continues to occur. This term also includes any owner, occupant, or other person or entity in control of the property who is creating, causing, or maintaining any condition in violation of the Tustin City Code". The current property owner may have purchased the property in the current condition with multiple units that are not permitted, however, he has also, knowingly or not, maintained the structures and collected income from tenants who live in numerous substandard building conditions. Zoning Code Appeal The appellant is also requesting consideration of the Zoning Code requirement for a Conditional Use Permit and lot line [setback]. His letter indicates, in part, that the property is not in violation of these codes because the structures existed prior to Conditional Use Permits and the first zoning of Tustin (see Attachment B). Appeal 520 Pacific Street October 26, 2010 Page 16 The Notice and Order indicated violation of Tustin City Code sections that require a CUP to establish accessory buildings used as guest rooms (provided no cooking facility is installed or maintained)(TCC 9223(b)(2) and that a minimum 5 foot side yard setback be provided for accessory buildings used as guest houses (TCC 9223(b)(2)(d)). Although the two story garage structure was probably original to the site, the use of the second story apartment above the garage was not permitted. In the R-1 Single Family District, guest houses or guest units were historically intended for "temporary guests" and the use has been permitted accessory to the main house. Kitchen facilities were not permitted in guest units nor are they permitted to be rented out for compensation. Further second units require additional garage parking and a minimum lot size, of which this property does not meet. Appeal Findings Pursuant to Tustin City Code Section 9294, the Planning Commission should consider the evidence supporting the Enforcement Officer's determination (as shown in Table 1) that a public nuisance exists at the subject property due to the dangerous conditions present. As the hearing body, the Commission should determine whether or not the two accessory buildings that are currently being utilized as rentable residential units (with kitchen facilities) should: Be brought into conformance with Tustin City Code requirements as indicated in the Notice and Order; or Determine whether the code sections were accurately applied to the property; or Modify the Notice and Order Independent Evaluation In considering appeals, the Board of Appeals has the right to employ qualified individuals to assist in its investigations and in making findings and decisions. Staff commissioned a third party survey and evaluation provided by Licensed Architect John C. Loomis from Thirtieth Street Architects, Inc. The firm specializes in historic and older buildings and was able to provide professional judgment as to which structures may have been original and which had been added and/or modified over time. The architect provided a report that concluded that "the front house and two-story carriage barn are both historically significant. It is apparent that there was only one living unit on-site [main house] in 1929 when the City of Tustin was incorporated. There is strong physical evidence that the second and third living units were added much later, post WWII" (See Attachment H). CONCLUSION: Staff recommends that the Planning Commission and the Board of Appeals deny the appeal; affirm the Notice and Order; and direct the property owner(s) to comply with the Appeal 520 Pacific Street October 26, 2010 Page 17 requirements of the Notice and Order identified in Attachment A of the related staff report dated October 26, 2010, with the exception of the date of compliance which is hereby established as November 30, 2010. Amy Thomas, AICP Senior Planner Y. enry Huang, P. ., C.B.O. uilding Official Elizabeth A. Binsack Community Development Director Attachments: A. Notice and Order B. Letter of Appeal Received Sept. 23, 2010 C. Site Plan dated 8/30/10 D. Photos taken during Sept 10, 2010 assessment E. City of Tustin Historical Survey for 520 Pacific Street F. July 27, 2010, letter from Mr. Bret Fairbanks G. August 4, 2010, zoning confirmation letter from City staff H. Report prepared by Thirtieth Street Architects, Inc. 1. PC Resolution No. 4161 J. PC Resolution No. 4162 S:\CddWmy1Code Enforcement\520 Pacific\PC Agenda AppealHearing 520 Pacific.doc Original Attachments Not Attached Hereto (available on City archive documents) ATTACHMENT 5 CC Report March 1, 2011 December 23, 2010, appeal from Mayor Amante December 23, 2010 Ms. Patty Estrella, City Clerk 300 Centennial Way Tustin, CA 92870 SUBJECT: APPEAL REQUEST Dear Ms. Estrella, As per Section 9294c of the Tustin City Code, I am hereby appealing the actions of the Planning Commission taken on December 14, 2010, as they relate to 520 Pacific Street. My concerns relate to Resolution No. 4162 as approved by the Planning Commission in its capacity as the appeal hearing body and as it is applicable to and relates to Resolution No. 4161 approved by the Planning Commission in their role as the Board of Appeals. The general reasons that I wish this matter to be heard before City Council are as follows: A. I do not concur with the determination of the Planning Commission in Resolution No. 4162 approving existing uses at 520 Pacific Street as nonconforming uses for the reason that it appears to me that the alleged nonconforming uses are not legal uses or permitted buildings and/or structures. B. The actions taken under Resolution No. 4161 with regard to the Building Code Violations ought, therefore, to be abrogated by virtue of the fact that the uses that are identified in Resolution No. 4162 as "nonconforming" are actually illegal and were not permitted. This view, however, in no way relieves the property owner of his obligation to comply with the various building code violations. C. There is, in my view, a need for a discussion to clarify that the Tustin City Code ("Code") requires nonconforming buildings, structures, and uses to be legally established at some point and to clarify the legal intent of prior and current definitions of nonconforming buildings, structures and uses and the appropriate application of the code. Please make arrangements for City Council to hear this item. in erely, Jerr Amante yor ATTACHMENT 6 CC Report March 1, 2011 Tustin City Zoning Code a. Timeline Matrix of Zoning Code Ordinances b. 1927; 1940 UBC Code Requirements for changes in use c. 1947 First Zoning Ordinance (Ord. 70 adopted 4/4/47) d. 1961 Zoning Code (Ord. 157 adopted 11/6/61) e. 1989 zoning Code Amendment regarding nonconforming properties ROW acquisition (Ord. 1013 adopted 1/3/89) f. Current Zoning Code Section 9273 ATTACHMENT 6 CC Report March 1, 2011 Tustin City Zoning Code a. 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E IDCO u) .� o .S C d 7_ O E N"a N a) O U 0 m 75 O c Q'co 00) U -° : 0) a) D-oa EpCC o U) � �_ r O y 0 O C O 0) 0 0) d 0)0' L C _ .a d !�- d N o O d 0.00M :3d0a QmC)a W %0 cn V-1 � � C) T-4 - &» /\\ if f »=g==£ _c°_� =co= E V)o a) 7g&°®2 ox%2/) = t$)5mo oo0y: }&/?�3 \/ �c: \\k \J\ /Z;(D) 2¥ m t==o=�3{c E)S§2E2o - &» /\\ if f »=g==£ _c°_� =co= E V)o a) 7g&°®2 ox%2/) = t$)5mo oo0y: ATTACHMENT 6 CC Report March 1, 2011 Tustin City Zoning Code b. 19271 1940 UBC Code Requirements for changes in use e3 `.Q � c 0 C p 0 y4y W G� b4 9 a v C ca »oi cnv namvyoi w^Cy owao�... aQ 's>ca uuv ✓Ca sC uaLvVi�v` y.vv av>i , �', vC>u syCv ca Lv a-yi C yv I n .y cCs° y s ca .d c C "- oCcoa r w e soC�pL •6 Lo .°A= _v Env U bu 'C >Q os > v° y o cu = vu sN y c ui oLu O o O O 7 E •v c5 ovaa o .Oyc. v a ra c N aoui v c o w uy us�.uwe= ro N = �' E 3 a9J O y "O N S .=L. u 0.H u is � >> R U. y o u L d 'fl '_"' .ro O u is h cua � M .c7 u H v u c o C � OC. o c. vv E °u H> 3=� p c >o rA c o o v 3 �� C t o ou ami ` c c o•� ac °" a❑° o'o `o o� a �.= o G N a > a n s C p_M O., d �_ V u C o o O 2 L tLa vi N O o ._ U C •� GU C ca C N s1 ..� =v, y .K �. 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E H� co u off: u hc,s �o tu Z V Z ca p ou U W=cy 0-0 r o C _H 20p o ej 0 c � W=u 2L° e ca D c U G4 V O >� C a C �% N 4 O y= Q v C `+ . w O 0, a s C 2- z: to Q�C Sv�U� �Lu Sa r v 00� Em �� �a'cv'ocwy�3 A a y C� c c t y o o Aw .0 ej y 2 .2�' ro ao c L W v y O C 7 N ca N = C. ,� p�j in C/� d' d 0.' y u--- c aui E °L' C°= o e o u o °" E y o o 0 b o =c u is cc U._ 0 y nU., CL 0 0 .c a,. co abi •o u c ..:5.2 N r _� u 0-- w u •E .O y .V w C•fy = ac.' �+ c b U v —�� L c .=L. ° c a o, o. c ro c v C y 'o � `° >' y o ". 3= COD L) 3 u�v vL a w LyU��^ o°o- n.•- E° rov ��>c u�3 LDFc c vp U. aoo7°cUL o 0 0 v C. aop�ow�ou oca 'U / C Qau py y yo yCu a�a3>E L=>y LL oau�°� �E a vo y0v;,a4°Ly0o ,r-DyFr5a4-w Zr o , —U c a° > eU > O 3E ec= o• oo E 0 �E 10, oro m0 o-0 ou c 0c�EI UwuC u Nw> C CU d �co3L^`iy3 a. 'wba0.u=' ac w 0.>I°u=o y= 0 ;:° &o� r So"-Euoo oc a=.ocZ °:m3o�uw c�invux .� a y u u o a `� u 0 y QO W y OU U xu �O Sections 501-503 PART III REQUIREMENTS BASED ON OCCUPANCY CHAPTER 5 -CLASSIFICATION OF ALL BUILD- INGS BY USE OR OCCUPANCY AND GENERAL REQUIREMENTS FOR ALL OCCUPANCIES Occupancy Sec. 501. Every building, whether existing or hereafter Classified erected, shall be classified by the Building Inspector according to its use or the character of its occupancy, as a building of Group A, B, C, D, E, F, G, H, I or J, as defined in Chapters 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 respectively. (See Tables No. I and II of this Chapter.) ' When a building is used for more than one occupancy pur- pose it shall be classified in the occupancy group representing the greatest occupancy hazard. Group A Occupancy shall be considered the most hazardous and Group J the least hazardous. When portions of a building are separated from the remainder of a building by one or more unpierced continuous wails extend- ing from the foundation of the building to and through the roof and affording four-hour fire -resistive protection (see Sec. 4302), such portions shall be considered as separate buildings. Any occupancy not mentioned specifically or about which there is any question shall be classified by the Building Inspector and included in the Group which its use most nearly resembles based on the existing or proposed life and fire hazard. Chango Sec. 502. No change shall be made in the character of oc- in Use cupancy or use of any building which would place the building in a different Group of occupancy, unless such building is made to comply with the requirements of this Code for that Group. Exception: The character of the occupancy of existing buildings may be changed subject to the approval of the Building Inspector, and the building may be occupied for purposes in other Groups without conforming to all the re- quirements of this Code for those Groups, provided the new or proposed use is less hazardous, based on life and fire risk, than the existing use. No change in the character of occupancy of a building shall be made without a Certificate of Occupancy, as required in Sec- tion 207 of this Code. Buildings in existence at the time of the passage of this Code, may have their existing use or occupancy continued, if such use or occupancy was legal at the time of the passage of this Code, provided such continued use is not dangerous to life. Mixed See. 503. (a) General. When a building is used for more Occupancy than one occupancy purpose each part of the building compris- ing a distinct "Occupancy Division," as described in Chapters 5 to 15, shall be separated frorn any other occupancy division as specified in Tables No. I and II of this Chapter, 36 ATTACHMENT 6 CC Report March 1, 2011 Tustin City Zoning Code c. 1947 First Zoning Ordinance (Ord. 70 adopted 4/4/47) 1 ORDT'TANCE NO. 70 T T7, 1 TC.,, rF TuF, ^7 Ty OF TTTgmIN R7G'.TL� TII'G T'_~, rl ORD_ .' .:.. '_ ERECTION, COdSTRU^TIOP, PiTLARG_._ - NT, ALTFRATIOT , R FAIR, .?OtrTNG, TD_^`OLITICY, ^0.1111 R. T02,1, OC"UP 11'^v U7pTt tr;7 TTS ?,' fi -I 'HT,'AR �A *its rr`7 �?TdA11OE OF ALT, BTTILDTNG <"i'_':D/OR STRT?(`.T'.TR-� S I'? THE ^ I T m r r n r, TOR 77, CT 'T-_ F i CITY OF T S:.I�,; PRO TIDI ' r R IS.: A �• . 0_ P'TR^`ITS A^TD COLL ,TTON' 07 T^^c TT ? FOH.; PRO''IDI`?G PNALTI 'S ^OF. Tr'" T'IOLAT ION TETREOF; D`E'CLARING A".71) ^sSTABLISHIP?^x FIR ^ ZC77`7 : A7D R"PFALT'TG CRDINA CE j N0. 56 OF THE CITY OF TUSTIN i TUE CITY COTTNCIL 07 "'FE CITY OF TUSTIN D07S ORDAIN AS FOLLO':`7S: Section 1. that portion of a certain document, three(3) copies of t,hich are on file in the office of the City Clerk of the City of Tustin, being marked v,nd desi;na.ted as "Uniform Building Code, 1946 Edition, published January 1, 1946, by Pacific Coast Building Officials Conference, 11 be and the same is hereby s.dopted as the building code of the City of Tustin for regulating the erection., construction, enlargement, altera— tion, re=pair, moving, removal, demolition, convcrsion, occupancy, equipment, use, height, area, and maintenance of x.11 buildings and./or structures in the City of Tustin; providing for issuance of permits .;.nd collection of fees therefore; providing penalties for violation of such code; declaring and establishing fire, zones; and each and 2,11 portions of the re;ulations, prot-isions, penalties, conditions, and terms of such "Unifort.i Building ^,ode, 19'L6 ,dation, published January 1, 19)1-6, by the Pacific Coast '.wilding Officials Conference, " on file in the office of the "itv Clerk and hereby referred to, are hereby a.d'opted_, and made a part hereof as if fully set out in this Ordinance. Section 2. V,.at the entire inccrparated area of the City of Tustin is hereby declared to be and is hereby established ::,s Tarn Distxict and said fire district shall Ice !Mo,:Tn and desi,nated Ps Fire '?ones 1, 2, and 3, and each such zone shall include such t.:�rritory or :portions of eaid city as illustrated, I. outlined and designated on a certain mv,n on file in the office of the City Olork of the Cite of Tustin being marked .,-nd desig— na,ted. Ps "Fire' ?ones of t^.e City of Tustin," rhich is ',erebv adopted as the fire zonin^ map of the "ity of Tustin for the a.polica:tion of the re qqulations included in the Uniform "uildin=^ Code, 1946 '?ditio -,, ublished Janua.-^y 1, 1946, by Pacific ^oast wilding Officials Conference; s�,io mnp showing and setting forth the territory or portion of said City in such fire zone is uub- lisped concurr^ntly here,ith and is a part hereof and attached hereto and on --rhich is shorn by ao-1ropriate re„rkin.~s the vario s .fire zones set up, designated --.nd est:^'dished hereby. Section. 3. That the portions of said Uniform Building Code so adopted 6.re a s follows: Section 101 to Section 60011-, both sections inclusiv-, being Chapter 1, to 60, both inclusive, of said Code; and also that section of the Code ma.r'ced ” 5 e .dix" 1 Cir ^Action 702 (c) to Section 511 , both sections inclusive; Table 22-A, -in.i` ufII Fo rdiation 7 -quire -rents for Tyloe 7 Build in --s; Section 2301;-`ei-7hts of BuMding ' a.terials; Section 2313, Table iso. 23-A, '40rizontel ''ores_ Fautors; Section 2525, Ter:iite provisions, Section 2415, 7-ssonry of Tjnbi.,rned Clav Units. .^-,eotion 4. That said un` form Building Code, 1946 7dition, as adopted by this ord.ine.nce is hereby amended in the following narticui2.rs: Thrt Section 20n, paragraph 2, is hereby amended so as to read =,.s follows: "Any person, firm or corporation violating any of the provisions of this ordin ince shall ve •^ailty of a misd^rnea or, and soon conviction_ thereof shall be punished by fine not exce,,-ding 4300.00 and by imprisonment of the Counter Jail for a period of not exceeding 90 days, or both such fine and i-prison- ment. 7ach and every day of the conttnu,nce of any violation of tA.is o,rdin.tnce shall be deemed to be a separate offense." That :Section 303 is hereby amended by adding new sub- section denominated (e) to r ad4,as follows: In addition to the foregoin�i.jees, and applicant shall pay the following fees for plastering: For all plastering from twenty square yards (20 sc, yds.) to one hundred aquar-= yards (100 sq, yds.), bot:^ inclusi`ve, the :nini- MUM fee shall be :;1.00. For all plastering over one hundred scuar^ y is (100 sq. yds.) and up to one thousand square yar8s AW X90 < <.,r- ^ 11- 000 sq. yds:) , one cent: per °square^ yaiw ; 70T. all plastering . J sq• ydsup to three over one thousand square , zrds 1,000 ;) thousand square yards (3,000 sq. yds.) one-half cent per square yard. or all p astering over three, thousand- squ.arn ya.T's (3,000 sq. yds.), one-pmart,�r cent per square yard. T'r.at Section 303 is hereby amended- by adding a now su:o- section to be denominated subsection (f) and to rec:.d as follo•s: Tha.t before any building pe,_ -it is issued there u-st be depoGited„.,i-"h the issuing official an additional fee to cover the cost of inspections requir,�d. for th:� propel completion of the construction authorized b7 said per -m -'t, said fe-;deposit, in - eluding the cost o` ti -!e buil:��ir_g permit, shall in no ev' nt be less the an. ''12.00 and that if after the required ins actio ;s h_OIP, 02 said"12.00 sh-11 not hav- been used to d-efrU.y the colt of _-.-suection th-e apnl ica.rt shall be entitlec'.,to a refund of that amount raid in excess of the cost of the building per,7it and the coot of ins_,ections for said building, if any. Section Thilt `"ection 2531 is hereby amended. by ?dcln a nn,:,- subsect'_on to ''oe de.nomine,ted subsection (:;) En.d to reed as f013.017s: 11(,>) Infected Lumber. All wood used in any str,.,etare shall be free from funE-us, dry rot, pile burns, ter -;it -ns and all other disease or frorth detrimental to lumber." Section G. That Ordinance �'o. 5") entitled "An Crdina.nce of the City of Tustin adopting the Uniform Building Code, 119L0 Edition, Re, alating the `:redtion, Construction, � nlargeraert, repair, '`ovine;, Rernova.l, Conversion, Cemoli tion, Occupancy, quipment, Use, Hei �ht, Area, and 1,7aintenance of Building and/or Structures in said city Providing for the Iesua,nce of Permits and 7ollection of Ee^s therefor; Declarin4 and -'stablish- in.0 '?ire ^,i sttiets; Providing Penalties for the Iriolation there- of, and Repealing Ordinance =To. 20,” is hereby repealed. Section 7. If any section, subsection, sentence, clause, or phrase of this ordinance is for any .reason held to be uncon- stitutional, such decision shall not affect the balidity of the r��r"a.ining portions of thi's Ord.-inence. The City Council hereby declares that it irould have passed this.Ordirance and each section, R subsection, sentence, clause, or phrase thereof, irrespective of the fact that any on^ Or `.lore sections, subsections, clauses �.nd phrases be declar:=d unconstitutional. Section 8. ?mer�:ency. This ordinance is urgently required for the immediate preservation of the public tee,<ce, health and safety of the City of Tustin, and shall be in immediate e'feet on the date of final adoption by the City Council. The folloiiiing is a. s•oecific state— ment shoeing the erergercy of his ordinance: That the demand for building permits and applicat'.ons for new construction is extremely great and any newly'proposed buildings;=and: ther'oonstructtons' do not':meet with _approved' -: standards for adtl.guate fire protection under existing conditions and that public safery i:nd. health, require immediate r,�-';dations be imposed to control and. provide minimum safery standards for building and constructions in the various areas of the city. Section 9. The City Clerk shall certify to the passage of this Ordinance and shall cause the sa.rne to be published once in the Tustin ne-•�s, a meekly news -)a er general p � circulation, printed, published and circulated in the City of Tustin, Cr; -n p ^ounty California:,, „.nd said Ordinance shall ta',.e effect and be i^ full force and eff:ct immediately from the date of its final ' passa-ce and adoption. PASS= AND AT)OPT7D by the City council of the .Iity of Tustin at its regular meeting held on the 7th day of April, 1947. 1 Mayor Cly c�L � .^.ity �1 k The above and foregoing Ordinance was duly and regularkty introduced at a regular meeting of the City Council of the Ii tv of Mustin, held the 17th day of "arch, 1917, and :gas duly v passed and adopted at re. -1 alar meeting of the ''City Council held on the day of , 131 by vote -v,, NO +.S: ABa 7 T: COUNCIL°17N : 0OTT1dCTL- fir G� Ci ,� Clerk of the '=i of Tustin. ATTACHMENT 6 CC Report March 1, 2011 Tustin City Zoning Code d. 1961 Zoning Code (Ord. 157 adopted 11/6/61) .'77.1. ORDINANCE #157 AN ORDINANCE OF THE CITY OF.TUSTIN" STATE OF CALIFORNIA, ESTABLISHING EEGULATI<?NS PEi '/LINING TQC USES OF LAND AND USES, LOG+ATIONi.HEIGHT','B.ULK, SIt AND TYPES OF BUILD- INGS AND OPEN SPACES AROUND BUILDINGS IN CERTAIN DISTRICTS OF THE CITYU SPECIFYING SAID DISTRICTS: PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT O'S.UCH REGULATIONS AND PRESCRIBING PENALTIES FOR VIOLATIONS THEREOF; REPEALING ORDINANCES IN CONFLICT HEREWITH. The Council of the City of,Tustin, California does ordain a.s follows: Ordinance No. 71 of the City of Tustin and any amend- ment to said Ordinance is hereby repealed. Section 1. ADOPTION OF ZONING PLAN. There is hereby.adopted.a Precise Zoning Plan for the City of Tustino State of California., 1.1 This Ordinance shall be known by the following short title: °THE ZONING ORDINANCE OF THE CITY OF TUSTIN* Section 2..` The purpose of this Ordinance is to provide for regulations for the systematic execution of. the Land Use element" of the Master Plan for the physical development of the City of Tustin. Secstion 3. There are hereby established districts into which the City of Tustin is divided and which afire designated as follows. RESIDENTIAL AGRICULTURAL DISTRICT OR -R-A" DISTRICT UESIDENTIAL ESTATE DISTRICT OR -E_4" DISTRICT `PLANKED DEVELOPMENT DISTRICT OR DP -Ds DISTRICT SINGLE FAMILY RESIDENTIAL DISTRICT OR 64.-1" DISTRICT DUPLEX RESIDENTIAL DISTRICT OR 4R-20 DISTRICT MULTIPLE FAMILY RESIDENTIAL DISTRICT OR "R-30 DISTRICT RETAIL COMMERCIAL OR "Cml- DISTRICTS CENTRAL COMMERCIAL DISTRICTS OR -C_20 DISTRICTS HEAVY COMMERCIAL DISTRICT OR "C -3A DISTRICT. INDUSTRIAL DISTRICT OR RM- DISTRICT PLANNED INDUSTRIAL DISTRICT OR "PM" DISTRICT UNCLASSIFIED OR -U- DISTRICT 770 N 1 In additi6zi to the districts established in Section 3, there is hereby 11astablishid .one .copolaiMir►g district which maybe combined with,ny of the distriets'set forth..1 Section 3; said district to!.he designated as follalve: COMBINING ',PAFtKING Dl$IS;.OB ap" DISTEtICTS 3.2 The boundarl$s"of the districts designated and established by Sections 3 4t4s 3.l hereof are as shown on.that certain map entitled " 109IN4 :ASAP OF THE CITY OF TU4T N•, incor- porated herein and made a art of this Qrdinance by referenee f as is herein fully;aet.forth and to which referenoe is hereby is made for full particulars ao.to,the location of,the.areas shown r ,j+lthin said districts. .The"Distrlate shewn are Yiereby.declared to be subject to the regulations pertaining to,such designated. distrleVs as ?laid regulations are .set: -forth in Section 4 and 5 hereof 3.3 adhere the e:tart boundaries of a district, cannot be readi4,or, exact] y asce vAned..,by. r$fePenge to. tie_; Zoning Map of the City of Tustin, t�the `,boundary shall be deemed to be, along the nearest -street o,,r lot'line, as the case,may be, If a distr.-iatboundary,line dl4ides,or splits a lot, the -lot shall be r: deemed to be, included ,wit4ln the distrlot whlgh is the, more restrictive. The provisl�ns of the Section shall not -apply to acreage, 3,4 All lands Tustin are, and shall be the land was zoned under lands which areL not.desil I as being included,inany i "U" or Unclassifigd'Dist Section 44. AESIGNATit prearter. incit ®signated' as t ae County Zonj ;nated on the d strIgt. are;, 1 within the City of distrlct;under which Ordinance. All other mentioned Zoning Map shall be designated as �N QF Fi GM, ATIOIIS . IN TIRE DISTRICT :R A0 ist provided in this. section, no structure. 1 i EXHIBIT ON FILE WITH CLERK 771 shall be ereoted, reconstructed, enlarged, altered or moved; nor shall any building or land be used except as hereeinafter- specifically provided and allowed in the districts in which such structure and land are looat:ed.. Section .5. GENML . PIROVISIONS., C0NDIT'1,0'NS AND T}C MIONS 5.1 A11 regulationia in this.6rdinanoel pertaining to he districts established- in Section 3.and 3 i hereof are subject td the'general.provisions, conditions and exceptions.contained., inr this section. I $ '2 If .' any ambiguity arises concerning the approprl"e alasaifloation of a particular use' within thelmeaning,and intent of this 'ordinance, or with respeot 'to ,mat.te .' of height, area requirements or zone boundaries as set fvrth'herein, the Planning Commission shall ascertain all pertinent facts and by, resol,utlon seforthy its findings and interpretations and thereafter sud3h Interpretation shall govern, except if the City Council of Tustin directs the Planning Cohim-fission to adopt a different inter- pret; Aon. 5:3 All of the uses listed in thieLeection, and all -Hatter's dfrecstly 'related thereto are declared to be-, uses possessi=ng characteristics of such unique and special form as, to make impractical their inclusion in'any.olass of use set forth. in the various districts herein defined, and therefore the authority for and location of the operation of Zany of the uses designated herein shall be subject to then issuance of a use permit in accordance with the provisions of Section '72... In addition to the oriteria for determining whether or not a use permit should beissued as set forth in Section 7 hereof, the,. Planning Commission shall consider the following additional; factors to_.determine that the characteristics of the listed uses x111 not be unrensonably.,inaom!*tibl:e.with uses permitted In surrounding areas: (1) damage or nuisance from noise,`smoke, odor, dust or vib- ration; (2) hazard from expldsion, contamination or fire; (3) hazard occasioned by unusual volume or character of traffic or the congregating of a large number of people or vehicles, The uses referred to herein are as follows: (a) Airports and landing fields (b) Establishments or enterprises involving large assemblages of people or automobiles as follows: 1. Amusement parks and race tracks ;2,. Circus or carnivals .3. Seoreational facilities,. privately operated (c) The mining of natural mineral -resources, togeher with the necessary buildings and appurtenances incident thereto. (d) Removal or deposit of earth other than in connection with excavations or deposits in connection with construction of buildings, roadways, or public or home improvements. 5,4 'Accessory buildings shall be constructed with, or subsequent to the construction of the main` building,. 5,5 Public utility distribution and transmission line tourers, poles Arid underground facilities for distribution of gas, water-, electricity and telephone communications shall be allowed iA all districts without limitation as to height or without obtaining a Use Permit thereof and the provisions of this Ordinance shall not be construed to limit or interfere with the'installation, maintenance and operation of public utility pipelines and eleetrio transmission or telephone communication lines when located in accords' with the ap- pneable rules and regulations of the Public Utilities Com- mission of the State of California and within rights of way, easementsi-franchise.,or ownerhip of such public utilities: 5.6 Signs for the advertising of the sale of a sub«.. division may bedisplayed 1on the site of the subdivision, upon their securing of`a Use Permit for the erection of such signs.; 779 directional -signs ;to stAh subdivision may be allowed not. ex I cesding one mile from subject subdivision if not over 100 square feet in area, upon the securing•of a Use Permit; for such signs., Where chimneys, silos, cupolas, flag poles, monuments, gas storage holders, radio and other towers:, water tanks, churoh'steeples and similar structures and mechanical appurtenances are :e permitted in a:distriot, height limits may be exoeeded upon the securing of a Use Permit in .each cased 5:8 In any distriot with a height limit of less. than 4eventy-fiva:'(•75)'feet,'public and semi-pub7.ic buildings, isehools,, churches, hospitals and other institutions ,permitted In such district may be erect'ed`to a height exceeding that herein spe'oified'for suoh'district,provided that the cubical contents of the building shall not 'exceed an area equal to the., area of the site upon which it is to be constructed multiplied by-the`faetor three (3), and provided that the front, rear -.,.and side yards shall be increased one (1) foot -for eaoh one (1). foot by which such building exceeds -the height limit hereinbefore established for such district. 5.9 Upon securing a Use Permit any building in. any "C" or. "M" District may be erected to a height exceeding, that I herein apecifidd for such district, provided that the cubical,. contents Qf the building shall not exceed an area equal to the area=of the site upon which it is to be. constructed multiplied by the factor five (5). 5.10 Interpretation of Parking Requirements. When.the provisions of Sections 5.8 or 5.9 above are used,, any portion, r of a structure above ground used for tenant, patron or guest, parking of automobiles shall not be counted as,a part of,the allowable gross area. In determining the -amount of parking required for structures non -conforming as *o, parking requirements, the requirements set out shall only apply to any proposed ex- 78Q pension of the area of the building or use and to remodeling of a strueture;or use when such a -change in occupancy.will,-in the opinion of the Planning Commissions be of such a character as to require`oompliance.withthe parking requirements of this ordin- ance in order.to protect the public safety, and property values in the. area. :5.11 Fences,. hedges and walls may be.erseted in any district subject to the following conditions:; i (a) Fences, hedges,, -and-walls shall, . exceed . six i.n.: height on or -within all rear, " and sida.property,lines on -interior lot lines_, and on or to the rear -,.of all front ,yard set- baek lines. (b) Nd fence, hedge,or,•wall over:three (3) feet.in height shall be: erected in any front yard; or in the side yard on the street side of either a oorner lot or on a lot,. the rearline of. which `abuts the side. line: of an adjoining lot (e) A six foot fence, hedge or:wall,may.be located not closer than five (5).feet"from the side property line on,the street side of any corner lot 4d) Fences or structures 'exceeding,six (6), feet,<In height to enclose tennis courts or sij'pilar,_a.reas when such fences enclose the rear -half of.,a lots may erected subject to the,obtaiting of a Use Permit therefor (e) The.provisions of this section shall not apply to a fence'.or wall required by any -law or regu- lation of.the Stateof California on any agency i thereof for reasons_of publio safety i 77 281 5..12 Arch-itootural features. on the main bul1dAng,- such as cornices, eaves and, canopies miay-hft extend closer''. then 4 hre 6 - feet -to ,e et.tO any,slae, -Eaves and oariopie's may e4end a maximum of '31'into the required- front' yaxd, and, no oiose'r- than five" -(5* feet to any rear lot line, Fire,,:' places,: nat-.exceeding six (0) feet ln�'breadth,­bay extend not closer than three feet to any aide, lot. 5�13­Open,,UnooVerodf raised porch",-landlng,plaoes bi''out side .'stairways may project not-oloserthan four (4) feet to,any .side lot line,."and not exceed six-(69,-f4etin breadth, may 6ttend.:not closer than - three (39.feet to' any side lot line. 5*14 Whenever an Official Plan Line has beenestablish- b4 for any street, -required -yarde�sha-111 be measured -from such line, and 1n; no -case Shall the 'provisions of., this';ordirianoe -be-, looiiaVioued as permitting any -enc . roachment upon an Official Plan Line., 51,15 Where'an aoceswor'y'building. is attached to the main b�iUUig, It shall be made structurally a part, of and have a common -roof with'Ahe main building;' and -shall -comply in. all 340166ots with the *requirements ,of this-ordinanoe,-applicableto the main building. Provided however, thatgarage.entrannoo-on. a dwelling, or dwellings, fronting. -on any lot line,shall: be located not less` than 20-feet'from said lot-line.-AJftless so attaohed,'an.accessory building in,an:,*R*-Distr1Gt.-shall be located on therear one-half (1/2) of the.lot andL&t least ten (10) feet. friom, any dwe lling btdUin&, existing ev­unier eon..: struotion on the sarae' lot,eor-any adjacent loti� 'Such.docessory building UlIng Shall_ not -be 'l, 0 L cated it n five (`3) feet, of any alley, or within, (1Y' one foot of, the -side, line of the -lotor; in the base of a corner -lotj; •to: project 7 beyond.lth6 f ront� kyard, re- quired or existing on the adjacent lot. Carports In any *R* 7`89 District shall be enclosed by a solid wall on any side or rear" of 'suoh carp.rt ,.when .such wall is proposed.to be located within, five (59 feet.of any adjoining lot line. 516 Swimming Pools in aa° Districts_shall'be..con:. structed on the rear , one-half of ., the .lot 'or :50 . f eet . From , tine front property line, whichever is the.less;"suoh pools -shall not be located closer than.5 feat to any rear lot .line or side line, On the.street side of any corner lot, where the:'rear lot line abuts a side lot, -linea no,pool shall be.located cloaer-than 10 feet to such side_lot line*, ;Filter snd:heati'ng systems for ouch pools shall -not.:be located closer than 30 feet to. any, dwelling nether .then the ;owAer's. No, pool shall occupy over '50S of. the :squired rear yard. ,Coverage by a swimming pool.shall not be,conaidered In measuring ,maximum lot coverage's 5.17 In x-1 and 4-2 Districts, where four (4)•>or more, lots in a block have.been improved with buildings at,,the time of the peissage-; of thin, ordinanoe..:(not ' including Aoceasory buil ings):,.the.minimum required front setback shall- be.,the , average of the improved lots, if. said, setback is-less;than the aforestated requirements:: 5.18 Single family dwellings only may be ereoted.on any parcel of land. the area of which is less than the building. site area required for the particular., district in which said parcel is located,' but if, and only, if said parcel was. in single ownership at the time ,of.:. the adoptioin of this ordinance -and said single .ownership was. recorded in the Off ice. of :the County Recorder. of Orange County;,: .No structure "shall be ;e cted on any.sub _ standard parcel if said parcel was acquired from the owner or owners of contiguous property or, said contiguous ownerl.s or Owners'' 78 transferee, after the effective date of this ordinance, 5.19 The width of side yards on single family dwell- Ir" ingconstruot6d pursuant to Section 5;18 may be'reduoed to ten percent '(10%), of the width ,of .such parcel, but in no case to less thah four (fit) feet. 5,20 In,any "R",Districtl except°!R_10, *here a dwelling,, -Unit is.loeated on,a lot-solthat.the front entrance is located on any side lot linei,the,required side setback from the front setback linelto such entrance shall not be lose - than 8 feet 5.21 Dwellingsgroups shall be,constructed so that the following minimum distances are provided: (a), Minimum of ten 01Q) feet between buildings (b), Minimum of twelve (12) feet bOW00A 784 -'Building Ljne-i fer 'i' Building Limb for' SECONDARY Highway PRIMARY Highway r-- DISTRICT (1d0* ' H W) :,. , .,; Front R -A 606 50 651' 70 160• E-4 600, 30t. 651. ?69 601 5�.. H-1 601 54+ '651, 701. 60" 75' R-2 601. 509... 65�. 70r .. 75* R-3 301. 65, 70,,; 60 75` C-1 551: 55` 55' b5' 651 65► C-2 55` 55' = .55 65"'. b5�.. , 65" 0-3 55'' . 55' 55 6 65p, -65, M-1 55' 150 559' 65% 65f, 651 PM 63" :65F 1 b5► " . 75 75', -3,23 Architectural Approval. In 'ease an applioation is.made for a permit for any building or strwi tore: in or 'NPM" Disirietsaki `application shall ba' aecompin ad'`by architectural drawings or.sketehdi, showing'the'elbvr#tidne of';tke proposed building dr--'stru iit� anti proposed liandiaoapb ,or other treatment' of the grounds armeinA 'euch building' br structure.uesh elraw- ings or sketches shall be considered by the Planning Commission in an endeavor to provide that the architectural and general appearance of such buildings, structures and grouAds be in..,: keeping with the character of the neighborhood and such as: not to be detrimental to.the orderly and harmonious development, of the eity, or to impair the desirability of investment or" -oc- cupation in the neighborhood. 5.24 The Planning Commission may appoint aq Architectural Committee of three of its members, or two of Its members, and the City Planner. I 78%1 i j j 5.25:' The''Arohiteotural Committee shall have authority to approve•architeotural sketches:within-the meaning of. Section 5.22 of this ordinance: l " 5:26 -1W case - 'the: applicant is notl •satisfied with the dedision•of the Arohiteotural Committee,,:he-may within fifteen (15) days after such action appeal lit writing to the Planning Ccmmission'. The Architectural Comiaittee, may, if it deems it advisable; refer any applioaiion for-arohiteotural ap- proval to -the Planning, Commission which shall either affirm or reverse the decision of the'Arohtectural Committee within 30 I. days after the filing of such appeal. -5.27 In .case the applicant is not satisfied with the action of the Planning Commission, he may within (`30) days appeal.in writing to the City Council, and said Council shall reverse or affirm the decision of the Architectural Committee within thirty (30) days after the filing of such appeal,, l 5w28 No permit shall be issued in any case herein- above mentioned until such drawings and sketches have been approved by the Architectural Committee of the Planning Com- mission, or City Council, and all buildings, struetures:,and I grounds shall be in accordance with the drawings and sketches. Section 6,. NON -CONFORMING USES 6.1 Except as otherwise provided in this section, uses of land,_ buildings, or structures existing at the time of the adoption of this ordinange.may be continued, although the particular use, or the building or structure does not conform to the regulations specified by this ordinance for the distriet in which the particular building or structure is looated-or use is made, provided, however, no non-oonforming 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 ordinance. If any non-oonformtng use Is dis- continued or abandone.4p,.arty w4bsequer%t use I.ofd.; such ,land .or building shall conform to the., regulations -specified, for 'the.,.-, district In which such fand or.Pvild,iAg.islocated. If no struotur43, alterations are made ,therein, a non-conforming use of a non..00nforming building may pe.9hange4,to, another use: of thesame or more restrictive olajss-jfjcAtjo4 upon the, securing: of a,use permit. If the ,.non-oonformlzig use is: replaced �bq 4, more -,restrictive #on-oonfoz*t*g,-; use, the ooqupanqy.thereaftor, may not revert to a less restrictive use. If any i4se, is wholly, discontinued for any reason except pursuant to a v-,alid,,ordet of a court of law for a period or one (1), year, it shall be con-'., cius'lVelly -presumed that: suoh,use has bepn.abanAo4ed y1thin the mesAing`of-thls ordinance,, and all futu e:-.uses, shall comply, with the regulations of the partioulaiz. dIOP-10 to which :the 1and,, or building is: located,. .6.2 Any building or structure existing:At, the Ute of :the adoption of this,:or.Opinaaoe which, 1,91, non.confoyming either, Inuse, dedlgnoar: emep�, shall "Apt ben1 r gedj extendb&, ret3onstructe4br structurally altered_ u43 ess such enlargementi- extension, reconstruction or alteration is inoom--!, PlIance with- Ohe - regulations set fort4 in this or4ina4pe,for. the district where such building-'or structure is 16cated; pro- vided however, any suon non-oon-torming bililding or structure' may b . e maintained,- reipair6d or portions thereof ie'Piaoed. 40 long as such maintenance, repsiirs or replacements do not exceed` fifty (50%) percentof the rbulldingfe assessed valuatiiin as shown on the Assessment role ofthe City of Tustin. 6.3 A non-00if6rikingbuiiding destroyed to';the extent of more '-than,fifty per cent 00�111i of It i -reasonable : value-at the time of:.' I tA destruct ;jonby fire explosion. or other casualty:, or Act of God, may be restored and used only 'in oompli6nee'- with� the, regulatioh's existing in the distriOV - i 711 crow, or optionse, with the oonsent'of the owners, or plaintiff in an action for eminent domain for acquisition of said property.0. on a form prescribed by the Planning Commission of the City of Tustin,: 'The application shall be accompanied by a fee of twenty-five ($25,.00), dollars and plans showing the detail's of the proposed use to be made of the land or building, 7.22 Upon receipt of the application for use permit, - the Planning"Commission shall determine whether or not the establishment, maintenance or operation of the use applied for Willi under the -circumstances of the particular`case-, be detri- mental to the health, safety, morals;, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, 'or whether it will be injurious or detrimental to property and improvements in the neighborhood -or the general welfare of'the City. If the Commission finds that the afore - .mentioned conditions will not result from the particular use Applied for, it shall grant the use permit. The granting' of a; use permit applied for by the plaintiff in an action in eminent.domain to.ac3quire the property shall be conditioned" upon ultimate vesting of title of the property to the plaintiff. 70 Variances Applications for variances from the strict application of the terms of this ordinance may be made'and variances granted when the following oiroumstances are found to apply: (1)° That any varianoe granted shall be subject,to such conditions as will insure -that the adjustment thereby authorized shall not-constitute'a'grant of special privilege inconsistent with the limitations, upon other properties in the vicinity and district in which the subject property-iss situate. '(2)" That"because of special circumstances ap- plicable to subject property,.'including size, shape,"topography, location or surroundings', the strict application of the zoning ordinance is found to deprive subject property of privileges 7— 785 enjoyed by other propert 8s inthe vicinity and under identical zone classification. .. 7.31 The use of'lande ,or buildings not�in;conformity , with the x'egulations spec IP104 tor the, distri,ot An which such lands or buildings are located may not be,allowed:,.by the granting of a varianoe from_the striot application of the terms of this s ordinance. 7'.32 Applications ,for variance -:,shall be made ,in wrlti� by ,a property :owner, lessee., purchaser in escrow, .,or, optionee ; with the consent of; the.'owners, ";,qr. plaintiff is all action for - eminent'Boma n'for pogutsi inn of said property, on a form pros- cribed 'by the..Planning Cemmission,bf.xhe City 4f Tustin, They shall be.,accompanied by a..fee,.,of: firty..do7j,ars, Qi1),-`,a-pian of the detail's of the varianoe requested,. &nd evidenoe: showing ;('1) that the grant Ing 'of, thevariance ;will not. bo contrary to the intent of this ordinance or to the publio safety., health and .welfare, 1_ and (2) that ;due to speoial.�condition$ or exceptional character istios of the property, or its location,'the,strict application of this ordinance would result in 'praotical'difficulties and un- necessary hardship. 7.33 Upon redeipt of an application for variance, thel Plikkiing Commission ()ftrie City of, Tustin :shall sat, a date. for. -'4 publio hearing ­on said application; said hearing,sha11 be held within forty-five'(45)days after the filing .of the application. Nbbige of such hearing shall be given as set forth in Section 10.2. ?.34, After the conelusion'of the pwbl:io hearing or con- tinuationii thereof the Planning.Commission shall grant or deny a permit to m©dify the appliisati©xt .ot ,the reetri¢.tions established by this 'ordinance. :The 06mmi,$;s1,c�h,;, if the appl:ioant , i or the variance consents` thereto; m4y;.ohangq or,' modify ,the extent, of the variance requested_but.:only` if such chs ,;or madifiscatIon con- stitutes .a more than that _requested by, the applicants The granting of a variance applied for by the plain- tiff in an action in eminent domain to acquire the property shall be conditioned upon ultimate vesting of title of the property to the plaintiff. 7.95 No use permit or permit granting a variance, shall have any-force or effect until the applicant thereof actually reeelves such permit designating the conditions of its issue thereon and signed by"the Secretary of the Planning Commission- of-the City of Tustin. No permit shall"be issued by the�City of 'Tustin 'until. the time 'for filing" an appeal from deolsi'ons Of' ` the`Ylanhing Commission cis prb4aAed iiiSeoti(jn'$ 'he-reof' has' exp pired; or, in they event 'of •suoh' appeal,` after the "final date rm n anon thereof by the 'City Council.' 7;4 Any use' permit' or 'varisnoe "grahtbd in a000rdance' with the terms`'bt' this'ordir%oe `shall be' nu"1:1 and vol&i 4-f not used, wi hln one (1)''yeiai from the' date of the; approval thereof' or within,, any` longer- period of-tido if so' desiknated by the' Plannings•Lommi'ssion Vr'the City` Co'uncil.: 7;*5 Any use permit or variance granted -in accordance with the terms.of this` ordinanoe may berevoked by the _City Councii in .thee�manner'hereinafter'seV forth if, any' of 't'he con ditions or. terms of such. permit's are 'violated,'or if the 61164zi In findings are made: ka) In connection with use permits: The oontinuanoet of the use . Would bra: detriftntsl" to' 'thii ' h'ealth; s8"f ety., " "morals. tb*fOrt and general welfare of"the parsons re's diU 'or working the neighborhood of '-suoh use,. "'or w*Q'A be" iic`juri'mus or detrj.,poptal to property 6ri4.imprdisment6"in the naAghbd1Weod ` or to thegeneral welfare Of- the, City. (h) In.-'oonneatIbh witYi.variances: Cbntiritzed 'relief' `` frocs, 'the atri:oV applioation of the terms. of ,this. -ordinance wattld be=contrary to the public in safety,. health and welfare. r- 7.6 `Before the Council considers revocation of any permit., the Planking' Commidsion'shall•hold.a hearing thereon after giving written notice thereof to the permittee at.least, ten (10). days in advanoe of such hearing. Within five (.S) days thereafter, the Commission shall tranamit,a report•of its find ings and its recommendations on the revocation to the City Council. Seetioii Ii, APPEALS $ 1 Any person'may.appeal.any-orders requirement.' decision or determination of the Planning Commission, in the* manner set forth'in this section unless the jurisdiction of the Commission is'deolared_by oidinance'to be final and eon_, elusive on'the subject matter in,question. 8.2 Appeals shall be made in'writing 'and, fil'ed,with the City Clerk, together with a filing fee of ($10) dollars, within five, .'5) days after'the�final aatioil of the Planning Commies on.`Upon receipt if notice of such appeal the.0 ty Clerk shall set• a time within forty five: (45) days: ai"ter 'the receipt 'of -such notie ofa public hearing'on said.appoal Notice of such hearing skull be given as set forth In,iSection 10 hereof. The dity Clerk shall also notify the "Piano ng Commission of the City of Tustin of such appeal,,. 8.3; The Secretary of th'e Planriing Commission, upon Y receipt of the notioe'of appeal.,'. shall prepare a report of the fact's pertaining to the decision° •of this pianiii , C- ,:, ission and shall submit such re,1 rt to the City Council along with -the reasons for the Com"missiorO action, 8::4°"At tha elosing•.of..tha' pu�ilo:.heiring: the City t Council' may 'affirm# 'revise or modify the decision of the Planning Commission:. If .the C"ounoil'doe's .not. take any action' on the appeal 'within sixty. (:66), days after'•the filing thereof 799 the Commissions action shall,.be deemed affirmed.,: Section 9 AMENDMEPiTS ' %1 Except as otha se, provided it t is'''abctionO any amendment to' this ordinances may 'be. '3ntiaterd and 'adopted ' as other ordinances are'ame'nded -Ar'Ad'6ied. 9.2 Any 'amendment to ths'ordinanoe which ohahges any property from one district to `another distriot., or' imposes any regulation upon property not theretofore imposed, or -re- moves or modifies any such regulation., shall be initiated and adopted as hereinafter set forth'in.this article, 9-3 Any amendment,.,of the nature specified in Section 9.2 hereof may ire initiated (1) the filing with. the Tustin Planning Commission'of s.%resoluti.on of intention of the Council of the City ofTuetin, (2) psasage of a resolution of inten. tion by the Tustin Planning Commisslon, or(3)` filing with the Planning Commissionof'a petition,of,one or or record owners o 'propwrty. which is .the sub3sot of, the'. ,prop?,"d amendment or thar authorized,.a%tints.' petition, for, amendment shall be on. a, form designated therefor by the Tustin Planning:,Comm aai A acid shall `be aoovmpanied by a 10awof 4ne.,hundred,410©.00);; dollars. _. 9.4 Upon rsoeipt of.,ptpetition or.resolution of intention: of amendment, the, Manning.Pommission shall. set; a_ date for a public, hearing .thereon, but not ,later thea: forty, -five (45) days aft,ex they xece;ipt of, said petition or, resoljztion, 9.5 ".11-f- the propose; amendment oonslots of,a.change in the boundaries of any;district;;the P.lann%ng Commission. shall give notice of the time apo, place of; such hearing, and the purpose ahereofs, in the mannerdesignated in Seotion•];Ok2 I of this ordinance. ` ;If , the) proposed amendment itis. of, a matter of general or oity-vide soope-, notioe thereof shall 'tie given 79E as, provided in Section 10.3 hereof'. I 9.6 after , the c7.oqe of -the public hearing or con- tinu_tiona thera4f, the Planniag Commission shall make a report of 'its findings and its reoommendation-with respect to i the proposes1.amen3meat.•'Thq,Qommission report shall inol:ude.a list of persons who terstifled at the .hearing,, a •sumaarysof the i facts addu©ed:at the hoaring,.the findings of the Commission#, ah6i,c4pio$ of, any maps or other data and,(©r deoumentary` evidgnoe submitted in oonneotion,with the proposed amendment, Copy of such report,,and recommendation shall be tansmitted to the City Council within ninety (9Q) days aPtgr the first notice of hear th$reon; provided h.4weyer., that such.time may be extended with the consent of the Cli'V 99u,ne l or the petitioner for such atpendmgntt In the, event<thp_, fanning Commission fails, to h report to the City. Council wit IA the aforgsaid ninety (90) days or within the agrQqpcl extension of time, the amendment Shall be deemed approved by the Planning Co�omssion,. The reoomr 10.2 Notices of public, hearings on applications for use variance, appeals and amendments to this ordinance changing the boundaries of any district shall be given by.the body con., ducting such hearings in the manner prescribed by Sections 65951 and 65651 of the Government Code of the State of California. 10.3 Notices of public hearings on matters other than as specified In Section 10.:2 hereof shall be given,by the body oonduoting.such hearing by publication in 'a newspaper of general circulation in the City of Tustin at least ten (10) days before the hearing. . 10.4 Failure to,mail or post notices as specified in Section 10.2 hereof shall not invalidate any proceedings, .10.5 Upon completion of the posting or mailing of the notices provided for in Seat bn 10.2 and publication df'natioes as provided in Section 10..2 and 10.3 hereof, the City Glerki if the hearing Is hold by the Planning Commission, ox' if, the hear - Ing Is held by the :City Council shall cause an affidavit .of such mailing or publioation to be•filed'in the permanent reoards of the. Particular :'Proceedings to which such notices pertain, Section• 11., ,'. Definitions or.the ,terms used in :this. Ordinance are eet, forth in..Paragr*phe 1 to. 54..'inclus;ive.. 11.1 "AdmiaijatrAtivg pf fice" - an: off Ice for, the-render- Ing he.renderIng of service .or go eral adminiet at but, excluding retail - ll, 2 etail.11,2 tiA11e.Yk: - a public or privet,¢ dray.,; less than 30. feet in wic1th„ vihi qh A�forde, ,a opcondary ,means , of apoees to,,abutting property. 11.3 "vartgrr� �: `ar►y,,bui.4ing orc portion, thereofwhich i••s. designed and built;, for gooupgnoy of three or .more famil7ies.. . 11,4. "Mote or "Hotel" a `single .bldirig. or °a: grouF of detached buildings containing' guesttool a 9r,,at �rfi enter .with ' autc0mobils;storage•space provided on the, site -for, such rooms or aparts<ents: provided. in cgnnection therewith, which group is designed and:; ueed primarily. for the ac'oommodstion of transient automobile ,travelers. 11w� "Hlock° - all property fronting upon one side of a ;street cbetween interse.4ting and nteroepting= streets, or betwaen a:street; and a railroad $fight -pg -way, water -way, deed end street or city boundary.. An 'intercepting street shall determine only the bogndary of the block on the side of a street I i . whioh•tt intercepts. "40ardink a dwelling other than a hotel, where 10g'and/or. meals for three (3) or more persons -is providedfor compensation. 11„7 "j ildlna° any struoture haling a rood' supported �,..� by a®lumns gr by, w4lls. a�nd'd8signed for the shelter or housing of.any::,peroQn;.animal or chattel: 11.8. MWlglag, Accessory" - a subordinate building, including;, ,shelters or, pools, the use of which ;is inoidental to j tbat of., ttye;main building on the same lot and/.or bulldixg:sfte. jj,91 Main" a building in which is conduoted i the principal use of the lot and/or building ,site on which it is.stuated� 11,,10 "Bui>Fdir Sita" a lot, or parcel of lands ,in single :or joint owne.rsh p;,.arid,occupied or to be occupied by t. a main building -and accessory.bu.ildtngs,: or by a dwelling oup,and its accessory •buildings,, together with" suc3h open i spaces as are required.by the, terms ofithis 4rdinanoe and having its principal frontage on a street, road, highway or fi. WOOrway.. 11..11 "•Bullding.,.,Retail* any establishment_ where the retail sale of any article, substance,-mr-mommodity, but not including the sale of.lumber or other building mate16118, dr the sale of used or seoond_hand goods or materials of any kind.. kl l2 OBus aso bolesale" The wholesale•handling.-of any article,,, substance or uopmodity,; but.,,�not inIdltiding the handling of Number or,other buil,ddng; materials or., tho'-open storage,`or sale of-any material or-commodity,,andnot including,t'hW,prooessiag or manuraeture of. any pro4vot� or • substpee. ' 11„13 any�.distriet. 4w,wMeh' .ths.;- general„d strict regulations, are combined, .with those .spe clal: districts defined An Seotio r :1:, for: thea. purpose..: gf scici3ng;;a4:. . diti•opa2 special- regulations,,: , �•. 11 14 °DIgIri,ct` a portion of the C ty,:within'whioh:. oertain,,usos "of lands cad buildings are :permitted, : or, prohibited and- within ndwithin which•gertaia xsrds,•.aad-other. open spaces are-required am& ciertein height..11mits;,are':est`ablshed� Por. buiidl�s� ill as-:aet • • • '” fort�t:,s;r►d", �peoi.�•ied in; Ibis, c�rdhnanee* ..:.< � . ,. , ; , ll•,1� "" 11 ` .- a . building : or portion thereof designed and used exclusSyely for residential o4oupahcyr RTuding one #'►mil�r.y_ two';;1'atpi"ly' and;ultiple�,�'iiy dwelingaj:,:but.at in cludi4g.# gals A ;mote] s ®r; ,-boarding , houses 4;,, 40 ! 1$ �' .� n 1 s F 31v' ., a build ing, designed fan.,, or; u4etd tib; hq{ se:- ,mors than oaa fam lir,.„,;inoluding alI necessary employeeA ofh"*44' � 11,.17 KA T_w.o; i1.y or 'Duplex'!+.`.a buildjAg 'oad_ taining not more `-than.,two1.:kitghenI�,.•_. designed and/cr :used•to rhouse, not, iving independently of eactF other,, ln.. olucii;ng-all neoa$saeryemp3oye .0 of eaesh i�auokt fami3 y.. t�kultlt�le° a,bgil lug or °pbrtion the of, used sad.deatgne :es a r0 i4eaoe Jfon l nor more Pam iies l#mag - independently o. , e six, her aAd .d�tiWtheir coin- osiy3icing`ain said " 1 building, inalud s P. 4pa mdnt houses,.- apart�ae,�nt k�otels: acid .i]at8 ` but nok., nt?3,ud.ngs a,,, boarding .hott8es± and "h+misw 1in out Fw a; group.-af 2;-or me" de't%eoh� orsetai�det cigad ,,,�fa 1-xo < ' ly. vor+ miltip.9 dwa13 t1gs ace�tpy 797 tng a.•.pareel of: land,In ,one oWnorghip and; huv; ng -any yard: or court in. oommoz4 but not imoluding,automo_vlle o0jArts-i �aor e persona oeeupyfng A premisos:and Living'aw a single housekeeping unitt,as distinguish - ad,, from: a...group .Oopupyi.ng a..:hote•L� . v3�ub -X-,rternity •or sorority house., A,''Amily; shall be; deemed. to include heoessary servants. 111,21. "Feriae". any truotrural' device forming a physical- barriay'.hy, means -.o>':; hesigs, xoc!- .meab� ghainti .bri.dls.,. stake. plastio .or other aimilar_,,x4 rials;. 11..22 "4araaa° or."C Qrt" aocesablo• and usable "per ... . �,. , ,..� a ,. ... .. covered space, of.not. lose: togaJ0,,'k. 2U .feet, each, for a storage of "tQmgbiles,., , 23 "Q,uesthouse" _detaoboo living quarters of.a per anent type of construotion>end.without kitohens.or cooking'w faailitieo„ and where. no; compensation in arty; form_ s re*eived or''paia;. ll.* 24 „e A©a pr tion° an,,,oparat ib3ii".oa�ndueted.on tete premises.. by the, 000upant. of -wthe dwe ring :as.•a sseofdarY ule in;- ooAneotiow; therevf.;i,h,,, a* t�ttei'e -therip; arg� {to :a Fel tlirig.. signer no ei$playo no stook or%cwmledity sold on they pY%bj$*,a a eaop�oyees In, connoctioa.therowith•.and no_mach toe'l'equipment designed, f;o:bp, used; jn;,,00nrieotian therein, other. than that necosaary�or convenient ,For, dcme� ¢F purposes.,. . 11.,2�rY .Height, o ,, ui-ldlna".. the Al _A aVance -from the average.leye ,.of the 'highest and,'lowest point,Pof that portion of the lot..cdvered by the.bui3 2ng t43 ;tk a topmgst,.�tint -.Df• the .... 1",26 ° Alq -. see "Motel"; more, Pthan 100 square fe®t of the area af: guy ] et useeejt. .for ,the ato'ragp. of Sun inoludng sorap metal s,.- orother_aqxap materials'a;= pzr for the dismantling. or"xreaking"' of au om�ai�.it ea or ,other*. vahlolea.. or. machinery,.: 798 whether= for salB or" itprage. 11..28 " of B' si�t� fi�uYdinp; 'site:: ; 11.29 "I+® r ".:, -the narrowest dieiCision of a 'let fronting on a serest!' 11.,30 :�L'�t Sided - any dot boundary not a front or rear lot Eine. iiie 'separating the frontage from . a street* the side from a street`or adjoiriiiYg property;the rear" from an alley or street or adjoihiiaj proper y: 11 32'a lot"! having frottage on two parallel or approximately para'l 11.:33 "ia U Non-ConfarmUp" a use that does hat �SoYi form to the regulations f'Or the ;d#strict -1 r i it. `is 'situated 11,34. " 8 an:` aoessible and tealile',space' ` on the bi[i:Iding;,�itfl: at' least Ki.rnb` (9feet' by twenty: t2o� feet,, located off °the,' street for the parking of automobiles:.. u 4 es anyi ideal .: citgi : county or city: f . slid coupartners, pg.,,- or8ticsns,' c' d6 association; trubt''or An zither le'ga ' 6 iti'ties-, 16611 ding 'th-e Federal G�iv A,4e U. -11116 Of, l Off iti# an'offiae `for' the 'd et of any one of tkfe �`ollowg isds oh1�C- Aciaountant, arehiterst, `` attorney,- ehi.rPpraotor, ogtometril—a ''thiropodi0ts, designer, d'taSt. sinan engineer,'. sur4er;' dent�l§t � 'gh +sic s3is anti Ovrgeons, Preiriises licensed" uffde`r Section ` 2300 of'the'Welfare ' and Tr�Stititiozis, `GrsdeE:'of ' the State of I California. i1..�8" "Aoomihn Ruse". abe Boarding FE0usev 1,3q' "Saxfi.,_tait%ttG1" = ' a health stgtior' or retreat o"r other place where pa,- i t v, are' houseanti d ' e e treatme#1t' is• given,, -but eXolaingµ'me'hiai' And' ihstituioi a or 'inst'itutions.' for treatment of `persons addicted to the, , he,, a" sf! d"rime: use.of..*hioh.requires,location on or in-the.ground,y or,attach mere to something having__locakt o4 on :the ground, 1noluding sr4lming pools, , excluding, driveways., peitioe• or' '.panking spaeea.: 11447;'wStructu3ral Al-teratione" '-.1 arty.:ahange•, in. -the supporting members, of, '.s_struoture,iouchas, bearing walla:.. " columns., .:beams or ,girdersW... 11,48""Tralbr Court! '*. <land: or premidi 'used or intended to be used, 1kt,or rented foiS ocoupaacy by one ;or more arailers or or!°al'eeping ,quarters oftarj$. kind,i::, th6A pur..poset...for' mhich_ land :or :a":building ,.:.. Is designed. armnggd',: Qr, Antanded -or .forwhich'.either...land or building Ai4pi _#Idy be occupled or maintained 1LM50. "Usg,.,Accessorx*. _- a ,useAndidontal..or:Aub- ordinatQ 'a xandle�rateci exclusively. -:td :tha main.use of a­.1ot ora building,:looat.ed'on the ,same `lot. An.:apen -::apace• other, than ..a court.,on .,.the same lot *16h a .building, whloh.�bpen `space .is :unoodupied: and un- obstructed. fvdia the. `:ground .upx ard; - eacse-pt ass otbirWise .perms miffed • it1 :gecrtiton, •�: ; , �.: -: ; .. ; :. . "XU4v,Fx_onto., a yard:�ext.ending .across the front .` , e Lois between•.thb aide—yard'lines and- measuredk,1rom :the,. front Brie of =the. lot to'`the nearest lins:.of. the,=.building; :; provided::howeLver,r that if ,a'ny'y', Offiolal Plan .Line .has' been established for the ..street upon wh1oh ,tba--.•lot faces, •. the front yard measurement' •shall be:-,.taiceri from such-;Off1c alp P1aw-trine to the. nearest ;lii+s: 'of•:.the t�uilciing�,, yar4-,_4xtencidng _acrois the tul- ,'.. width of the lot arnd measured between • the rear :line .of :,the lot and the nearest 1$:ne;o� _the: main building 4: 11.54 "Yard -side° - ei yard between,the side line of the lot and"the'.nearest,lne of..the .building and extending from the front; fine of the lot to the rear yard. r— 801 r secti.an l2 INTERPRET -TION 12.11Exaept,'ap,;ispeoificall'y p ovid.ed herein,- this or- w ; j dirndnoe Abell ;riot'b .interpreted'"to reP4 1 'abrogate, annual• or j in any way affect'any ®Xisting provision,of,any law�or crdinazWe,* -or '.x'e&-41-attons or parmita previously;'adopt:ed or, ISO ued,rel ating to the>;erection, oonstruc$ion�:movtrig e,.alteration or,%enlargement of building or mprgvement provided h©wtever,'in;any in stances' where this' ordinanoe.`imposes. greater. restr.iotiokiO upon the ereotion,' eonstruotion, 'establishment, moving, AltOratio ,, i or impr6vSr46nt of buildings', or the useof any `•buildi:•ng. or.' struat�o that is imposed or.'required., by an, *.p-$Ung I w, or- dinanoe`or'reigu2at on" the provis oris'of thio crdinanae Shall .., control; ` : .112-012,' Whenever, the "Planning Coati action ' of `the ,G ity of TuatiA..ie called., upon to` deterrpine whether or not `thp use ctf; land+ or, . any, s.trOoture ' in any- # stridt is_-similar, $4 aharae;*on! , to'th$ partiioular uses=allowed'in a, diatr_icti,.' `Commiseion shall­,-e_dc sider tha;;following factors as,critor a forOr determination:. f a) Effect 'upon-tthe,.publ o hoel,�.hl .aafety, and general, welfaxe',of• the neighborhood nvolv!s e1n ,the City- at ;large. (b) EPfeat,upon•CrBffYe,oondi.tons;.; (a) Effect. upop thp> orderly development or, the- area in question .and the! City' at'"large'.in;.regard to ,the genArsl planning,. of the whole., ommm}xnitry section-13.'; EN HGE N'f i' OCEDtJAE. A,' ILit4tTtES: 13.1 It ;shall be the duty of the planning, Go,iston of the G'ity,of Tustin'to-enforce the provisions of this ordinance perta ning.;to the use of land-or buildings,andjthe erection, oon- struotion, reconstruction, moving, alteration, or addition to 802 any building or structures. Any:psrmit or license of any type Issued by any department,or officer of the City of`Tustin.or the County of Orange issued in";oonflict witht4ok provision of,this ordinance is hereby declarQd'to be null and vtd:, 13,.2 Any ,building ar struature,erscted,.constructed} altered;,pplarged, converted, moved or,maintained oortrary to the provisions,of this;Qrdinaneq.and any u9p of land or.y buildings operated 4r ulaintain8d,cpntbary,to.the provisions of. this ordinance,are hgrgby deolared to be public nuisancQ$.,The City Council mai► .commence ,thq necessary..., action .ox -proceedings for the-abasement,,lremoval and,enjQtning,thenev in, the manner :. _.. _ _ . prescribed by.:law i1 ths.courtq whichmay .have jurisdiction to grant, such epligf as will accomplish such, Oatement„and rettraint,. The ',sMsdies,provided for in this section shall be in addition to any other remedy or remedies or penalties prov. ided An this ordin"noe or on , other . law or ordinaAee., . Any, p®rstixs, arY ether .as ,principal, . agent: employee or atharwise„;,violating or aa!4pjng the ,violatipn :of, any of the provisions "elf this ord4ianee,stall•be; gµi`lty of a misdeaeanor•, and ups,QonviPt thereof shall be punishable -by „a .fine. of not more than fiva,l3undred.($500 00) dollars or by impri$=4 mrent in the count ` "jailor,sx, ('6) monthe, or by both such fuse: and imprisonment: Any. ,vdolatiori- of this. or4itance which f is commit"► and 094 ues from day to day constitutes a separate offense for each and every ,day during which such violation"to ..oiarmitted or section -2,4 SAV "TIVE DATX,. 14,1 :IP,any provision of this �a�x�noe.of the application th r-ggf` to any person or oiroum,,s once' is held ias3ralid, such 'ihval'i ity 1iha1`'not-hffe'ot any' other provisions ,r appmeatibnO ot'- t 3& 6 Axi`an 6 Which a1h , W :given eft b�3t 803 804 STATE OF CALIFORNIA COUNTY OF ORANGE PITY OF TUSTI'N SS. RUTH C. POE, CITY CLERK, and ex -officio Clerk of the City Council Of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five.;.that the above and foregoing Ordinance was duly and regularly introduced and read at the regular meet- ing of the City Council held on the 16th day of Oetober�,1961, and was given its second reading and duly passed and adopted at a regular meeting held on the 6th day of November, 19614, by the following vote: AYE6,,: COUNCILMEN: Kidd Humeston. Byrd. Neck, Sheri NOES.:. 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CALIFORNIA APPROVING ZONING ORDINANCE AMENDMENT 88-06, EXEMPTING LEGAL CONFORMING PROPERTIES FROM BECOMING NON -CONFORMING DUE TO PUBLIC RIGHT-OF-WAY ACQUISITION BY- THE CITY. WHEREAS, on January 3. 1989 the City Council of the City of Tustin, California, does hereby ordain as follows: Section 1. The. City Council finds as follows: A. A public hearing before the City Council to consider Zoning Ordinance Amendment 88-06 was duly called, noticed, and held on Monday, December 19, 1988. B. A Negative. Declaration has been prepared in conformance with the California Environmental Quality Act; no significant, adverse impacts are associated with this Zoning Ordinance Amendment. C. The subject amendment is in the best interest of the public health, safety and welfare in that it will not penalize legal conforming properties for becoming non -conforming due to the community wide benefit of public right-of-way acquisition by the City. D. The subject amendment is consistent with the General Plan in that it will not negatively impact the orderly growth and development of the City. E. The Planning Commission has adopted Resolution No. 2541 recommending to the City Council approval of said document. Section 2. The City Council does hereby approve Zoning Ordinance Amendment 88-06 as follows: A. Section 9273 (e) shall be added to the Tustin City Code to read as follows: "Any use of land, building, or structure which is legal and conforming to all provisions of this Zoning Code, as of the date of adoption of this ordinance, and made "non -conforming" either in design or arrangement due to acquisition of public right-of-way by the City, shall be exempt from a non -conforming status and the provisions of Section 9273, Non -conforming Structures and Uses, unless it is established by the Department of Community Development 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1S 19 20 21 22 23 24 25 26 27 28 Ordinance No. 88-1013 Page two - that such use, building or structure creates a nuisance or is a threat to the health, welfare or well being of City residents." adjourned PASSED AND ADOPTED at an,regular meeting of the Tustin City Council, held on the 3rd day of January 1989. Vary W n, Ci ty C rk UTA rsu a E. Kennedy, Mayor .% STATE OF CALIFORNIA ) COUNTY OF ORANGE ) § CITY OF.TUSTIN ) MARY E. WYNN, City Clerk and ex -officio Clerk of the City Council of the City of • Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1013 was duly and regularly introduced and read at a regular meeting of the City Council held on the 19th day of December, 1988, and was given its second reading and duly passed and adopted at an adjourned regular meeting held on the 3rd day of January, 19899 by the following vote: AYES : COUNCILPERSONS: Kennedy, Edgar, Hoesterey, Kelly, Prescott NOES : COUNCILPERSONS: None ABSENT: ' COUNCILPERSONS: None '(Y\ �7 . X -)MA Y E. WVA, City Cl rk City of Tus i n, ' Cal i forni a Summary Printed Tustin News: January 12, 1989 January 19, 1989 ATTACHMENT 6 CC Report March 1, 2011 Tustin City Zoning Code f. Current Zoning Code Section 9273 Municode Page 1 of 1 9273 - NONCONFORMING STRUCTURES AND USES (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. (Ord. No. 157, Sec. 6.1) (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 (50) percent of the building's assessed valuation, as shown on the last equalized assessment roll of the City of Tustin. The Planning 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 Planning 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. (Ord. No. 310, Sec. 1) (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. (Ord. No. 310, Sec. 2) (d) The provisions set forth in (b) and (c) above, shall apply to structures, land and uses which hereafter become nonconforming due to any reclassification of districts under this Chapter; provided, however, that public uses, public utility buildings and public utility uses existing at the time of the adoption of this Chapter, or existing at the time of reclassification of districts, shall not be considered nonconforming. (Ord. No. 319, Sec. 3) (e) Any use of land, building, or structure which is legal and conforming to all provisions of this Zoning Code, as of the date of adoption of this "ordinance," and made "non -conforming" either in design or arrangement due to acquisition of public right-of-way by the City, shall be exempt from a nonconforming status and the provisions of Section 9273, Nonconforming Structures and Uses, unless it is established by the Department of Community Development that such use, building or structure creates a nuisance or is a threat to the health, welfare or well being of City residents. (Ord. No. 1013, Sec. 2, 1-3-89) ATTACHMENT 7 CC Report March 1, 2011 Property owner document submittals October 25, 2010 Planning Commission Board of Appeals From: Bret Fairbanks Subject: Appeal of Notice and Order at 520 Pacific Street My name is Bret Fairbanks and I live at 520 Pacific Street with my wife and four daughters. We have lived at this house for over ten years. I grew up in old town Tustin on Myrtle and I st. My great grandmother lived in Tustin, my parents lived in Tustin, and now my family lives here. My daughters go to Tustin High, Hughes, and TMA. We have been heavily involved in the athletic community for over 8 years playing Tustin Girls softball, AYSO, NJB, and Tustin United club soccer. Our home has a main house with a unit above the garage and one unit behind the garage. These units were there when we purchased the house and have been there for over 60 years. SUAIM"Y OF EVENTS LEADING UP TO APPEAL I'll make this as brief as possible but I think it is important for you all to understand how this all came about. In December of last year we put our louse on the market. We love our home and old town but with four girls, one in junior high and another in highschool, we are running out of room. We were planning on moving to another home here in Tustin. In July we finally secured an offer on the home and started packing. The buyer's appraiser phoned the city to see if the units burnt down if they could be rebuilt. They were told there was no permits for the units and therefore could not be rebuilt. The appraiser then gave zero value to the units making the home undervalued and the buyer unable to get a loan. I went down to the city and requested a burn down letter (attached July 27, 2010). I later met with Unna (Assistant Director) and Justiraa (Principal planner) who gave me a tetter (attached August 4) saying basically that that was no permits. I later met with Elizabeth (Director) to speak with her regarding the letter. A few days after our meeting she sent a letter (attached August 13) saying due to unpermitted structures I needed to schedule an appointment for an inspector to come out to the house. It was at that time the buyer could not wait any longer and we Lost the sale of our home. After receiving the letter I returned to speak with Justine 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 1 went down to speak with Justine regarding the initial site plans I had submitted for the CUP. She explained the changes that needed to be done and other documents that needed to be submitted as well. I expressed my concern regarding spending money on the CUP applications, making all these changes, and still getting turned down for the CUP. I do not have that kind of money. I asked her regarding the California Historical Building Code and when did the city recognize the units were built and she explained that it might be better to talk with Henry (Building Official) and Dennis (Principal Engineer) at the building department and gave me their cards. I went over and spoke with Dennis and Henry who were very friendly and helpful and they suggested they come out to the house, not for an inpection but to give their opinion on when the house was built. They said they would call me soon for a time to meet at the house. On September 10, I received a call, from 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 15a', a few days after our meeting, I phoned and spoke with Justin asking for any updates and she said they are working on it and would get back to me. On Friday the 17 I received the Notice and Order l Declaration of Public Nuisance (attached Sept. 16). The following Monday September 20'h, I went down to speak with Henry regarding our original conversation of determining when the home was built. I also spoke with 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 Justice was going to look into when the first permits were issued in Tustin. I wrote the letter of appeal which is attached and here we are. I went down to the city in good faith seeking assistance with the sale of my Dame and it has turned out to be a giant nightmare. This has been an extremely hying and stressflil time for my family and me, financially and emotionally. We were excited and looking forward to moving and now we are trying to save the home we live in. OUESTIONS FOR THE CITY There are several questions I have asked the city on numerous occasions that no one has an answer to that are critical to my home and many other homes in old town. When does the city recognize the units were built? When was the first residential permit issued in Tustin and who issued it? Why do many homes (not guest houses) in old town built between 1927 and 1950 have no permits? How does the city determine if a structure can remain if it has no permits? For example my home and all other historic homes. What documents are necessary to determine if something is historic and can remain? If a structure is deemed historical on the survey and has no permits, what is it legally? APPEAL OF CODE VIOLATIONS In regards to the code violations. Code A105.1 Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first mare 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. 1 understand we were a growing city and trying to get established and organized but who issued permits, the county or the city? Did they issue permits? Who kept the records? When were they transferred to the city? Where are they? I pulled permits on homes (not guest houses) along main street in old town built in 1930, 1944,1945 and 1950. Not one of them had a building permit from when it was built and these are homes along main street of old town. In regards to violation 9223(b)(2) and 9223 (b)(2)(d). Both of these codes are part of Ordinance 157 which was adopted on November 6, 1961. Both units on my property existed prior to this ordinance. According to Tustin City Code 9273 (a) of that same chapter: Non -Conforming Structures and Uses: Except as otherwise provided in this Section, uses of land. buildings, or structures EXISTING AT THE TIME of the adoption of this Chapter may be continued, althotuh the particular use, or the building or structure does not conform to the regulations specified by this Chaffer for the district in which the particular building or structure is located or use is made, provided, however, no nonconforming use is discontinued or abandoned, any subsequent use of such land or building shall conform to the regulations specified for the district in which such land or building is located. If no structural alterations are made therein, a nonconforming use of a nonconforming building may be changed to another use of the same or more restrictive classification upon the securing of a use permit. If the nonconforming use is replaced by a more restrictive nonconforming use, the occupancy thereafter may not revert to a less restrictive use. If any use is wholly discontinue for any reason except pursuant to a valid order of a court of law for a period of one (1) year, it shall be conclusively presumed that such use has been abandoned within the meaning of this Chapter, and all future uses shall comply with the regulations of the particular district in which the land or building is located. (Ord. No. 157, Sec.6.1) Both of the units on my property existed at the time of the adoption of this Chapter and should be considered nonconforming structures. 9273 (c) A nonconforming building, destroyed to the extent of more than fifty (50) percent of its reasonable value at the time of its destruction by fire, explosion or other casualty of act of God, may be restored or used only in compliance with the regulations existing in the district wherein it is located. (Ord. No. 310, Sec 2) In Amy's report she talks about nonconforming structures and states that "Provisions for reconstruction of nonconforming buildings do not apply to structures or additions which have been constructed without the benefit of permits." Where in the code does it say this? There is a difference between legal nonconforming and nonconforming structures and the city of Tustin has adopted nonconforming structures and uses according to ordinance 157, Sec. 6. 1, which I have read above. HISTORY OF THE HOUSE A few good things that have come about with this whole situation is that I have met a lot of nice people in the neighborhood and community and I have found out a lot about the history of Tustin and the history of my home. On several occasions I have had the pleasure to speak with John Gaylord and Robert Gaylord who are the sons of George Gaylord, the original owner of the property and the man who built the structures. I appreciate the effort that went into the historical assessment of my home done by Thirtieth Street Architects. There are some points that he got right but some discrepancies. Attached is a letter written by Robert Gaylord, one of the sons who actually grew up in the house and would know the history better than anyone of us. k October 25, 2010 To whom it may concern, My name is Robert Stephen Gaylord, one of three sons of George and Alice Gaylord. I grew up at 480 South Pacific Ave. (now 520 Pacific St.) in Tustin, CA. My father built our house, the garage, and the apartment above the garage all in the time and with the processes it takes for a single individual to do all that. The best that I can recall is the unit above the garage was built roughly between 1938 and 1942. The first tenant was my uncle who was stationed at an anti-aircraft defense base in El Segundo. We visited him several times at his Army air defense battalion and saw the search lights and anti-aircraft guns. Dad finished the apartment for him and his new wife to stay near us while he was serving in Southern California Later, the apartment was rented to Marines stationed at El Toro Marine Base. I recall the stairs to the entrance as a child. In my memory they were always there on the side of the garage where my parents would catch rainwater. Vire were not allowed to go up those stairs. The unit behind the garage was built by my father roughly between 1945 and 1950. I judge this based on the fact I was bom in 1933 and when my brother John and I were young teenagers my father built the two rooms and bathroom for us to occupy. After we moved away from our old home, the rooms were made available to others. The only person I remember was, (I believe the spelling is) Ms. Grennan, who helped take care of my parents to the very end In fact„ she called me about health problems my father was having when we moved him out and sold the house. My father worked at the grammar school as a woodshop, boys' athletics and natural science teacher. He was an Eagle Scout, a Scout Master and a Deacon with the Presbyterian Church in Tustin. He was often involved in construction work in and around Tustin. He was in every way a faithful law-abiding citizen. Sincerely, Robert S. Gaylord (See attached letter) I would also like to point out that city records show that George Gaylord, the man who built the structures, was the city building inspector for Tustin between 1956 and 1958. Also attached are numerous documents that prove the units have existed for some time and have been recognized by the county as multifamily dwelling units. - A copy of the Historical survey of my home which discusses the two story garage. -Tax assessment records dating back to 1952 which have two addresses and a map of the main house and both rental units. -There is also a copy of Luskeys Santa Ana & Central Change County Criss Cross City directory from August of 1952 with two addresses with the name of the person who is living in one of the units. -A property detail report from the County building department with a land use description of multi -family dwelling with 3 units. -A public service information form from when we purchased the property showing multi family residential dated May 5, 2000. -A letter from the Orange County Sanitation District charging multi -unit residential rates. - A permit from the city of Tustin for a second electrical meter for the units in the back. - A permit from the city of Tustin allowing a new roof on the back units as well as other permits for my property. HISTORICAL BUILDING COBE The following is a copy of the purpose of the California Historical Building Code which the city of Tustin adopted in 2007. Section S-101.2 Paruose. 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. Qbapkr 8-2 of the CNBC defines Qualified Historical Building or Property. As defined in the Health and Safety Code Section. 18955. Any building; site, object, place, location, district or collection of structures, and their associated sites, deemed of importance to the history, architecture or culture of an area by an appropriate local, state or federal governmental jurisdiction. This shall include historical buildings or properties on, or determined eligible for, national, state or local historical registers or inventories, such as the National Register of Historic Plats, California Register of Historical resources, State Historical Landmarks, State Points of Historical Interest, and city or county registers, inventories or surveys of historical or architecturally significant sites, places or landmarks. My property is listed in the city of Tustin Historical Resources Survey which satisfies the requirement of CHBC Chapter 8-2 as a qualified historical property. Attached is a copy of the historical survey of my home. In the description in talks about the two story garage and shows a picture of it. According to the CHBC and the Cultural Resource Overlay District my home and property are historic. We should want to keep these structures because they have a great history behind them, it adds to the culture of old town, and there is no distinct danger to anybody. 41 Section 8-102.1 Apalication The CHBC is applicable to all issues regarding code compliance for qualified historical buildings or properties. mph 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. CKBC Section est ntial Ocennanci 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 quahfie d historical building and properties. 8-303.2 Intent The intent of the CHBC is to preserve the integrity of qualified historical buildings and properties while maintaining a reasonable degree of protection of life, health and safety for the occupants. The units have been there for decades and they have been rented for decades. The last thing I want is for somebody to get hurt or be in danger living in the units. According to the CNBC Section 8-201 the definition of a Distinct Hazard is: Any clear and evident condition that exists as an immediate dancer to the safety of the occupants or public right of way. Conditions that do not meet the requirements of current regular codes and ordinances don of themselves, constitute a distinct hazard, Again the purpose of this code (CNBC) and the Cultural Overlay is to preserve old structures and make sure they are safe and I have done both. SITUATI NS SIlyY.iiL-AR TO MM Lastly, I do feel like I am being treated differently because there are other properties just tike mine, and the city has responded differently. Precedence has already been set. For example: There is a property on B street that is a duplex with another unit above the garage with stairs and entrance just like mine (see attached photo). This property is zoned RI and has no permits from when it was built. There are a few permits given in the 60'st-80's but no original building permits and no conditional use permit. In 2006 the city thoroughly inspected the property in response to an application made for the Mills act. In the city's report they stated the importance and historical significance of the property and did not mention anything about current zoning or building violations and the structures remain. There are numerous other examples where the city has given permits to existing structures that have no original building permits. There are examples of people in old town who wanted to tear down anpermitted structures and were stopped by the city because they were historic. The but example is more directly related to my original problem. All I needed was a tetter from the city. On 6'h 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($)(1). Our records indicate that the main residence was constructed in 1929. We also have on file various building permits for the duplex on the rear of the property, dating back to 1964. However, there is no record of an approved Conditional Use Permit for the use. As such, the duplex is considered to be a nonconforming use. Pursuant to Tustin City Code Section 9273(C), nonconforming buildings destroyed to the extent of more than 50 percent of its value by a catastrophic event may be restored or used only in compliance with the regulations existing in the district wherein it is located For my property, I have a permit for a second electrical meter that the city inspected and permitted that goes directly to the back units. I also have a permit for the roof on the rear structure that the city inspected and permitted. According to Section 9273 of TCC my structures should be considered nonconforming use. I relied on the city when issuing the permits and would not have purchased the property or spent money on the roof if not allowed. To summarize; • Code A105.1-- An owner who intends to construct. I don't have any intentions of building. • Codes 9223 (bx2) and 9223 (b)(2Xd) 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. a July 27, 2010 City of Tustin Community Development Department Justin Wilkom, Principal Planner Dear Ms. Wilkom, My name is Bret Fairbanks and I am the owner of the property located at 520 Pacific Street, Tustin, CA 92780. We are currently selling our home and are in escrow. Our property has a single family residence in front with 2 guest homes in the back. According to the attached county records we have 2 addresses 520 and 520 'ls, we have and pay for 2 separate electric meters, and have various city permits for improvements we have done on the home since we purchased it in 2000. The buyers lender is requiring a letter from the city stating in the event of a fire, earthquake, or disaster, the city would allow the guest houses to be rebuilt. Attached are documents from the county tax assessors office showing the guest houses have been here long before we purchased the property. Thank you for your time and consideration. This letter is all we need to close escrow. If there is anything I could do to help speedup this process please let me know. Bret Fairbanks C.P.(949) 933-6886 Community Development Department August 4, 2010 Brett Fairbanks 520 Pacific Street Tustin, CA 92780 SUBJECT: ZONING CONFIRMATION FOR 520 PACIFIC STREET Dear Mr. Fairbanks: TUSTIN BUILDING OUR FUTURE HONORING OUR PAST Thank you for your letter, received July 27, 2010, requesting zoning confirmation for the property located at 520 Pacific Street. In your letter, you indicated that the property has a single family residence in the front with two guest homes in the back. You have also included copies of tax assessor information related to your property for the City's review. In the event of a fire, earthquake, or disaster, you inquired if the City would allow the guest houses to be rebuilt. The subject property is Zoned as Single Family Residential (R-1) and located within the Cultural Resources Overlay (CR) District. Accessory buildings used as guest rooms are allowed as conditionally permitted uses within the R-1 zoning district, provided that no cooking facilities are installed or maintained. A guest house is defined in the Tustin City Code as detached living quarters of a permanent type of construction and without kitchens or cooking facilities and where no compensation in any form is received or paid. No permits exist for guest houses at the subject property and no conditional use permit is on file to establish guest houses at the subject property. In your letter you indicated that there are two addresses at the subject property, 520 and 520 '/2 Pacific Street. The City has not assigned a i/2 address to the subject property. Pursuant to Tustin City Code Section 9273(c), "A nonconforming building, destroyed to the extent of more than fifty (50) percent of its reasonable value at the time of its destruction by fire, explosion or other casualty or act of God, may be restored or used only In compliance with the regulations existing in the district wherein it is located." The provisions for reconstruction of a nonconforming building does not apply to structures or additions which have been illegally constructed or constructed without the benefit of permits. Should you wish to establish guest houses at the subject property, approval of conditional use permits and obtaining necessary building permits would be required. Should you have any questions, please do not hesitate to call me at (714) 573-3123. Sincerely, 4ya 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 + Pt(714)573-3100 0 F: (714) 573-3113 0 www.tustinca.org Community Development Department Sora by first Mass mail August 13. 2010 Bret S. Fairbanks 520 Pacific Street Tustin, CA 92780-4329 SUBJECT: 520 PACIFIC STREET APN # 401-37'1-C7 Dear Mr. Fairbanks: TUSTIN BUILDING OUR FUTURE HONORING OUR PAST Or. August 4, 2010, you were advised by City staff that no permits exist for your two guest houses and that no conditional use permit exists to allow guest houses at 520 Pacific Street. As such, City staff hereby requests to inspect your property. Please contact me at (714) 573-3 135 by no later than Tuesday August 24. 2010 to schedule an onsite inspection of your property. Thank you in advance for your cooperation. Sincerely, -- Brfid Steen Code Enforcement Officer Attachment: Letter, dated August 4, 2010 Cc: Amy Thomas, Senior Planner/Code Enforcement Supervisor 300 Centennial Way, Tustin, CA 92780 0 P: (714) 573-3100 9 r: (714) 573-3113 0 www.tustinca.org Community Development Department Sent by first class mail August 20, 2010 Bret S. Fairbanks 520 Pacific Street Tustin, CA 92780-4329 SUBJECT: 520 PACIFIC STREET APN # 401-371-07 Dear Mr, Fairbanks: TUSTIN BUILDING OUR FUTURE HONORING OUR PAST Thank you for meeting with City staff yesterday afternoon to discuss your two guest houses. During the meeting, you stated that you would start developing plans to submit to the City soon, along with a completed conditional use permit (CUP) application to attempt to legalize both guest houses. As such, the recent request to inspect your property will be put on hold. However, you understand that an inspection of your property may be necessary during the approval process and that if approved, both guest houses would not be permitted to be rented, nor could they be provided with kitchen facilities. You also agreed to contact Amy Thomas within ten days to provide a status on the submittal of your plans and CUP application. Therefore, please contact Amy Thomas at (714) 573-3126 or athomas(c-tustinca.om on (or) before Tuesday September 7, 2010 with an update on your pending submittal. Once again, thank you for your continued cooperation. Sincerely, *i d Steen Code Enforcement Officer Cc: Elizabeth Binsack, Community Development Director Justina Wiilkom, Principal Planner Amy Thomas, Senior Planner/Code Enforcement Supervisor 300 Centennial Way, Tustin, CA 92780 • P:(714)573-3100 * F(714)573-3113 e www.tustinea.org Community Development Department Sent via first class and certified mail September 16, 2010 Bret S. Fairbanks 520 Pacific Street Tustin, CA 92780-4329 NOTICE AtQ 0RQ R CIT Tl N NOTICE DECLARATION OF PC NUISANCE Property Address: 520 Pacific Street Assessor Parcel Number. 401-371-07 Case Number V10-0312 Dear Mr. Fairbanks, TUSTIN BUILDING OUR FUTURE HONORING OUR PAST Thank you foF•meeting with City staff at 520 Pacific Street on September 10, 2010. During the inspection, two detached structures were observed within the rear yard, in addition to a guest house above the garage and a second guest house behind the garage; all of which are unpermihed. A preliminary seam 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 hero 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 done of the following her no later than Friday. October 29, 2010: 1) Submit a complete CUP application with the appropriate pians 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 927so e P:(714)573-3100 • F:(714)573-3113 0 www.tustinca.org NOUM and order at 520 Pacific Street SePWnber 16, 2010 Case s VI 0-0312 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 then Planning Division at (714) 573-3140. Additionally, ail permits related to this matter are to be finaled within ninety calendar days of permit issuance pursuant to 2007 California Building Code A105.5. This letter constitutes your Notice and Order to abate all public nuisance conditions and violations at 520 Pacific Street. You (or) any person having any record title or legal interest in the property may request consideration of this Notice and Order or any action of the enforcement within ten calendar days from the date of service of this Notice and Order. All appeals shall be made in writing. Failure to comply with this notice within the time limit specified above may result in (1) the issuance of an administrative citation pursuant to Tustin City Code 1162(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 B Steen,,_ teen Code Enforcement Officer Attachments: Exhibit A — Administrative Citation information Exhibit B — Code Violations cc. Amy Thomas, Senior Planner/Cade Enforcement Supervisor Nak *W order at 520 Pecak Street September 16, 2010 Case 0 VIO0312 Exhibit B Code Vio/adons at 524 Paci c 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, after, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, after, 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)(2xd) — Single Family Residential District (R-1) Minimum side yard setback for accessory buildings used as guest houses - Comer lot fine: 10 feet; Interior lot line: 5 feet. NOTE: Please be advised that there may be additional code compliance requirements. Community Development Department EXi1181T A Administrative Citation Process -CUSTIN SWUM CKMter. HONOM;N+Gi OUR PAST In accor+darm wkh Tudin City Code (TCC) 1182(dI. firm may be assessed by means of an adrr+ w caitdan as k4ows: 5100.00 tar a *d 'loon: $200.00 tar a second Aftion of the same ordrrtre m or pemet within one year of Me ftrd vk"onr or $5W.00 for a third or any hirdw violatlon of the awn* cr'dbmwe or pwn* wOM are yew of to Arst vkda om 8rddtng and Sanity Coda (TCC Sec. $100 — 800 vlafefloraak may be aeseseed at $100.00 tar a first vkftdwr. $55.0 for a second violatlorn of the same imcbm or pm* MOM one yew of the first viobadorn; or $1,000.00 for a tt*d or any further vb*vlon of the saarrne and mwm or permit within ars yew of the first vk"don. The Cky, rnsy abo tame f e Cheer legal action iFnr g esuing On reeponsMe persons) a crknind cltatlon and/or abating ttw viclMon(s) with the coast of such aissemert andlor prosecraion assessed agaird the resporwd* person(s), the property owner($), and/or the property ae a fen. Shooed an citation be ie wK the r+eepornOM p - on' Iva ten (10) days *wn the daft of thin arirridrafefralMiw ddkm to pay the corrsanpmirng fine(*). Additlor ft, ft rsepornMe WOO must take one of tta Iblowinp actionre to avoid addkkwW perdu prior to the cornIftwo deft spdisd it #* adrmlr�i*frdv+s 1) Correct Ctrs vk*dbm pay the caarresporndfrng fins(*), and c the City to r+equed a re- or 2) Pay 1fw► corsepawnding fins(*) and request an earl Ma of time In w ift purauent to TCC1100, which shows a retearabk lwrdel or 3) Requadshemingbappeeilft adrnnirnidrMin c Wei pursuant to TCC 1180 within fen (10) drys *orn tht daft of ft 4011heftfin. k a0m with an adr wmad deposit of ft cwrtepi K&V firW4 Request for 1 hmhig forma and odwr irfarmatbn onAcirrdntaab-od- a Chador huy be obbdned an the City'* webebs d VAMhg#MMJM September 22, 2010 Brad Steen, Code Enforcement officer Community Development Department City of Tustin Letter of Auoeal for. Notice and Order/ Pre -Citation Notice Declaration of Public Nuisance Address: 520 Parc Street, Tustin, CA 92780 Assessor parcel number: 401-371-07 Case Number: V I0-0312 Dear Mr. Steen, This letter is to appeal and request consideration on the recent notice I received regarding unperm tied 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 trine for most homes built in old town prior to 1950. Most if not all of the homes would be in violation and considered a public nuisance. With regards to the other violations regarding conditional use permits and lot lines, I am not in violation of these codes because the structures existed prior to issuing of conditional use permits and the first zoning ordinance of Tustin. In response the letter, it is my intent to apply for a conditional use permit and progress accordingly however I do not feel I have violated any code and am not in any way a public nuisance. Sincerely, Bret Fairbanks Community Development Department October 13, 2010 Bret Fairbanks 520 Pacific Street Tustin, CA 92780 TUSTIN BUILDING OUR FUTURE HONORING OUR PAST SUBJECT: APPEAL HEARING FOR NOTICE AND ORDER AT 520 PACIFIC STREET (APN 401-371-07) Dear Mr. Fairbanks: The City of Tustin has received your request for hearing to appeal the Notice and Order for the declaration of public nuisance at your property located at 520 Pacific Street. In accordance with Tustin City Code Sections 9294 and 8101, the Planning Commission will act as the appeal hearing body and act in its capacity as the Board of Appeals respectively to consider the appeal. A public hearing has been scheduled on October 26, 2010, at 7:00 p.m. in the Council Chambers at 300 Centennial Way, Tustin, California. As the appellant contesting the Notice and Order, you will be provided the opportunity to testify and present evidence concerning the Notice and Order at the public hearing. A written report concerning the appeal for consideration at the hearing will be provided to you by mail prior to the date of the hearing. Should you have any questions regarding the appeal hearing, please contact me at (714) 573- 3126 or athomas@tusfinca.org. Sincerely, Amy Thomas, AICP Senior Planner cc: Y. Henry Huang, Building Official File 300 Centennial Way, Tustin, CA 92780 0 P_ (714) 573-3100 0 F� (714) 573-31 13 • www.tustinca.org CITY OF TUSTIN OFFICIAL NOTICE OF PUBLIC HEARING Appeal of Notice and Order at 520 Pacific Street, Tustin, California Appellant: Bret Fairbanks, current property owner of 520 Pacific Street Project Address: 520 Pacific Street, Tustin (APN 401-371-07) Notice is hereby given that the Planning Commission and the Planning Commission acting in its capacity as the Board of Appeals (per Section 8101 of the TCC) of the City of Tustin, CaGfomi% will conduct a public h.on October 26, 2010, at 7:00 p.m. in the Council Chambers, 300 Centennial Way, Tustin, CaSfomia, to consider the blowing: On September 16, 2010, and purmmt to Tustin City Code Section 5503, the City of Tustin recorded a Notice and Order for the property at 520 Pacific Street providing wr#ften notice of the existence of a public nuisance and requite the correction of code violations related to Wmal strucimm constructed In vdohWon Of the Tustin Buiiding Code and Zing Codes. In part, Section 5502(b) stats a public mAence arta when "any condition upon any premises that is dangerous to human life or is detrimental to huh as determined by an appropriate of city official Notice * owner of 520 Pacific Street (APN 401-371- has filed an Pursuant bo Section 112 of the City of Tustin's adopted California Building Code, the Planr fng Commission will acct in its capacity as Board of Appeals In considering evidence supporting the City's determination than a dangerous condition exists at the subject property due to the present violation of the following Building Code section: Cailhomia Building Cade A105.1 (Adopted per Tush 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, after, 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, strati first make application too the building offices 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 fig Zoning Code sections: 2. Tuan City Code 9223(bX2)— Single Fan*y Reeidential district (R-1) — Conditionally Permitted Uses and Development Standards — Accessory butdbW used as guest rooms, provided no cooking facility Is Installed or Maintabled ars subject to a conditional use permit 3. Tustin City Cada 9223(bX2)(d) — Single Family Residential District (R-1) — Minimum skld yard setback for accessory buildings used as guest houses— Corner ict One 10 feet Interior lot line: 5 feet. If you challenge the subject kern in court, you may be knited 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 ft pubic hearing. If you require special acconvnodations, please contact the Planning Commission Recording Secretor at (714)573-3106. Inforrratipn relative to this item is on file in the Community Development Deparbrrent and is available for NW bpment at (714) 673-3126. I In the Information above may cal the Community Deve If you require special accommodations, ► please Contact Tustin City Halt, 300 Centennial Way, Tustin 92780 714-5733000 ADDRESS: 520 PACIFIC ST KATE: 29 STYLE: CALIFORNIA BUNGALOW SOURCE: RATING: T C ALTERATIONS: F HISTORICAL DISTRICT: YES COMMENT: DESCRIPTION: The single -storied house at 520 is topped with a front facing gabled roof and matching centered porch. A small louvered vent is cantered below the peal[. Shiplap siding. in a style made in the 40's and 50's, covers the gables. indicating that the roof is not original. ]Narrow clapboard siding covers the first floor axterioar. Square posts, resting on tapered clapboard -clad piers, support the roof The concrete porch extends to each side, topped with pergolas. The front door features a mullioned border and is flanked by large plate glass windows. Double -hung windows are used throughout the rest of the house. A red brick chimney on the south side is flanked by windows. A carport and a two-story clapboard -clad garage are located on the south side. behind the house. The garage, which appears to be original, is topped with a gabled roof with a hip at the peals. The siding is narrow clapboard, which scetrss to indicate that the house once was also all clapboard -sided with a hip at the peak of the pont-facing gabled roof. 51UNIFICANCE: This California Bungalow was built on one of the lots along South Paces Sonet which were subdivided by, Harry Marple. He was the son of Richard and Edna Marple, fruit growers, who owned an orchard on this prbpetty from 1903 anal the property passed to Harry in I924. He dedicated a strip dower the center, from Main to Sixth Streets. for the extension of Pacific Strut He sold this lot to George Gaylord in 1929. The Gaylords received a completion notice on their home that same year. George was a well -lilted wood shop and physical education instructor at the Tustin Grartur ar School for several yeas, After he retired in the 1950'x, he became a carpenter. The Gaylords were still living in the house in 1965. This bungalow flea well into the strectucape of the Tustin Historic District and contributes to the tree -lined street because it is of an appropriate size and scala. sit e: -11-77 OANJWL& IL A Now sit e: �' ■ ■ ■ _; ",. r �: � ��� r �r �,� a.� '"A a "� � '1� 'Kyr � 'Y ���� . � a � f '�,ai- - � .. ��' v ,r ,.:� sa �. �' ■ ■ ■ _; ",. �: �� f ,r �. �' ■ ■ ■ _; ",. ys r, �g z a, .< ys �g z a, .< � aanieA�anE,ar aatatt +�ta�aaa�aa�r,� a�sanaa�aaut�aa.sa>!�wa�ear saa a�aerra aaaamom a�w arwaraaawaea�IMMIN mamas ,��rlr�aes�nra�rAr+yr�ss�e�aat yK !r' g4r*" ORANGE COUNTY ASSESSOR 34 - MULTIPLE REM&MAL UNIT APP#W"L Am= my Alwy us reom r [A.P.NO, OPJIII*" 018TRICT OWN%" LOT SCE iCW FORNERLY84 BLOCK 'T NO. PRO Ajr Sri LAW VALLM COMMMMM UM M ATr*WMAW oATs y"A LINIT UwfT VALut VALUI 2 DNP" co Ally. 4 ACAIM AMT. A wmlr. IAM. um 6 MIPMAWWAYra L7 NO r 40 i OOVAIL LM IMMULAX 0M4X6-W NO No YM M8a 0 4 MMMAUT "Aft APPRAts"' -1 A MONTM OA� Y"A I R46 5 S AoP I! AUAY -- yes r -I NO No %new 40wa.L, 3 No zowme comocam Mo 21 ARM 1rTR04T ❑ 1:3 moll ccowomm, iiet 213 1 k A At OAT* or molt trrLllfu lir— %rl IL W 44 MINOWATOR + kHpT MULT, "W44rom 1,41 j Loir vtujry WAM KPONT No Is OWW"a PIGTTW zow"d yes w it -Tq!dk MOW" VAU* M ramoa ca"FORIA me 21 LAND U" n h"SPLACM tho Y" *-I No 2* row _uwT WNWLft Afe"To $,I 1 '61'06 24 96 "ClMVI 'ftAIWIC i1FNANT dAIIKIN{i %02i t'7 ,:,1. --4 sum g4r*" — ?Aes Aw , 34 - my Alwy us reom r FORNERLY84 Sri #L,V-oq One a. MM Arr"NKrM A wmlr. IAM. um 40 i OOVAIL LM Mo 41 INDUIP U" Va F- NO No zowme comocam Mo ----------------------- -------- At OAT* or molt 44 9= sm"W" TMAL - I — I —4WAT;o" 1 ^a WAY. guow UN � A.r. - _T 7 J CGIYGMITY 3 A PL :R alw i &1 K T M +MC�Y TqG [T t 6w ! IYO ♦ FAM 1 31Q{ � a1' _..._ Is DOLOVU NO �N ...... Tt 6 t OATS -. _ - n MiGrlCr no. - �.._- f -- n ALAN Na A C DSSQJ1f1�Ttt�11 dXT14 COST MAIL rt COW wst sN _ cn1tf '4 wcnr , aooc oa irk+ No M "TIL- WE. YEAR n taaAstoN 64%46—EfMN��Q L.flJ. fiL� w - { -.. _ _ _ - 6t PU iCTION" PLAN _ . __ 43 CONDITION itCY"` try i" Al SAM COST DATA Ste. 710 M 1�1t�ewja STRucytom Ms oNrGrNA. �w. carr .. �. AT, MLDi coal l BTRUCY i ^ESrwrnatMr u2f Na uNir COLT A __fes . t ti - i M COLT wOtpt CObi _ iu ti3 " v Cats o Out _ r e� r ...� M GLIAL CLAM • GMM r4• AA" e _ e I, .-..-r......_ - - ._ M TOTAL NO, R97TR IJWT; - l_ 0 FLOW !t j f NQ OF t"ra Y } i i 'a No, Cs uNrtt t 01 POACH 4 s' --..._- �w f t - • f f NiAT t7D11'. 'Tft I40 _ ..._ ... _ t S-... _...-.. A.Q. CC11R 1L+1'J is cm ;Ws }} f' COM/YTATIOM rT1{ j NSC. Nut t 1Tw at>E fM . Puy � uNlr .�____J. tNNt i,,w •ts MMtrtio w, t i NO ac»r COt/FCtT� � i1F aAtL1NAt .rt DAN. 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N. . • 7► EA1M/1iY lMls6 om _... —M;6, W or rso MISCELLAMEOUS STIWJ NES u No, o' rAii sw rrMucT (rra. M, esT soar ilk mm silt — fu — ___ aur rev0 rioim ? S0cclvrMAL mi r wr. txtacua "M "30 V CMT LUU llAd& Ale _ - pC' M QUALITY C1JJitl1. � t s AMA foN �ioo !C Lu fLlt An" _..y n i�fusAcraM'"`� __ �3 L'1 FL1T AMA _.._. .... �it1 7n! M ►ACiWI .. ih ATTIC An" .. 9i. ATT16 FACT" f/ PQ "Mir -Am, ----- - .-- 9r fik flAtf /A660 . N 11ww owr UMIVM-viw ilicro_- AbOnVXW M AnontoIq tin PL1MfL/ TOTAL G'OMT V`-. ' . 64 COP PATIO idYi► . of +irT iAi o n C", J AC CasT /fid aM rsr am toles - of caT vuscarn _. __ . . to aAM cLAw aa -T l7 6AR CLK11tATT' . L1 am AMG ,..�.�._ 13 ._.._.. FIM AMtU PIMP cm i ATOOM Al". DA'L'E ib /e+.ee cm? cora - i IICA �coss if -- .iiEM Laserfiche WebLink Page 1 of 1 L3setfichW WebLink "°s' LOO -A '"VVV&t"* Browns* 5 Search p 9:9 P,,P q or itrev� 9 32% Pn T*"*6 M. AGENDA PACKETS T(IBT111> s p{�yy �•,�iyyN r P.C. 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Cly d7NM Property Detail Report Property Detail Report for: 520 PACIFIC ST, TUSTIN CA, 92780-4329 Owner Information: Page 1 of 1 J-1 DIGITAL MAP selw m Owner Name: FAIRBANKS,BRET S Sale Doc No: Mailing Address: 520 PACIFIC ST, TUSTIN, CA, 92780-4329 0000161105 Price Per Acre: Vesting Code: is' Mtg Doe No: Phone Number: Location Information: Deed Type: Legal Description: STAFFORD & TUSTIN TR LOT V S 50 FT OF N 460 FT OF THE W 200 FT County. ORANGE F1PS Code: 06059 Census Trct/Bik: APN: 40137107 Alternative APN: 40137107 Map Ref: Twnshp-Rnge-Sect - - Legal BooidPage: 401-37/ Tract No: Legal Lot V Legal Block: Subdivison: STAFFORD & TUSTIN TR Last Market Sale Information: Sale Date: 01/03/2005 Sale Price: Sale Doc No: 0000002609 Price Per SgFt Transfer Doc No: 0000161105 Price Per Acre: MuttVSp it Sale: is' Mtg Doe No: Sale Type: FULL CONSIDERATION Deed Type: Title Company: FIRST SOUTHWESTERN TITLE Lender: WASHINGTON MUTUAL FSB Seiler Name: LOUIS METRO INTER R E PROPERTI Property Characteristics: Building Area: 1,749 Living Area: 1,749 Garage Area: Basement Area: Parking Type: Yr BuiittEffective: 1928/ Pool Code: Tax and Value Information: Assessed Value: $453,539 Land Value: $274,512 Improvement Value: $179,027 Total Taxable Value: $446,539 Site Information: Assessor Acres: 0.2256 Assessor Lot SgFt 10,000 Assessor Lot WAX I Calculated Acres: 0.2296 Calculated Lot SgFt 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 Total Rooms: Bedrooms Baths: Fireplace: No of Stories: Quality: Assessed Year: Property Tax: Improvement %: Tax Exemption: Zoning: No of Buildings: Res/Comm Units: Sewer Type: Water Type: 15'M19 Amount 1s Mtg Int Type: 2"d Mtg Amount 337621 2"d Mig Int Type: Construction: Float Type: Air Cond: Roof Type: Roof Material: Style: 0755053 / 3 A4-830 $341,900 $56,800 2009 Est Market Val: $558.1133 $5,046 Assessor Appd Val: 39.47 HOMEOWNER Land Use: 133 Land Use Desc: MULTI FAMILY DWELLING 3 County Use Code: http://maps.digitalTnapeentral.cola/production/CityGIS/VO7_O2_003lindex.html 8/t0/2010 Pesign Codes 001 - Single Family Residence 002�,-Aulti Family 999 - Misc. Improvements _Requested By Address 5*; cb Phone ( ? Signature PUBLIC SERVICE INFORMATION FORM MULTI FAMILY RESIDENTIAL 9 9 QUArrRopRo Check Amount $ Cash Amount $ Mailed Date By M.S. 9 12 � Mn 9 9 QUArrRopRo Check Amount $ Cash Amount $ Mailed Date By M.S. ORANGE COUNTY SANITATION DISTRICT We protect public health and the enviroment by providing effective wastewater collection, treatment, and recycling. June 30, 2010 FAIRBANKS, BRET S 520 PACIFIC ST TUSTIN,CA 92780-4329 To the Owner of Record of Parcel Number: 40137107 Situs Address: 520 SOUTH PACIFIC STREET TUSTIN During the past year, the Orange County Sanitation District (OCSD) has conducted a review of a portion of parcels in its service area. Prior to the review, the OCSD data represented the parcel as non-residential. You are receiving this notice because a parcel review was performed and it was determined that there should be a correction to the OCSD's data. An adjustment In either the property use code and/or number of residential units will result In a change in the annual sewer service flee 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 severing agency, such as your city, and then transported by OCSD's large trunk sewers to one of two regional treatment plants. These facilities treat and dispose of nearly 230 million gallons of wastewater each day. The cost of the regional sewerage system of residential properties is assessed based upon the number of dwelling units. The sewer user fee is for the collection, treatment, and disposal of wastewater. Although the OCSD's sewer user fee is not a tax, it is collected as a separate line item on the property tax bill. Using the services of the County Tax Collector - Treasurer significantly reduces the OCSD's administrative and collection costs. The sewer fee charge rate for fiscal year 2010-11 for a single family residence is $20.33 per month ($244 per year). The multi -unit residential rate is $14.23 per month ($170.80 per year) per dwelling unit. If you have questions regarding this information or would like specific information ,regarding your parcel, please call the OCSD "Rate Line" at (714) 593-7281 between 7:30 am and 4:00 pm Monday through Friday. Inquiries may also be made by email at rates(a md.com, or writing to the OCSD Financial Management Division, 10844 Ellis Ave, Fountain Valley, CA 92708. Please include your name, telephone number, and Parcel Number with any correspondence to help us promptly respond. 10844 Ellis Avenue • Feauntain Vallev. CA 92708 -MIR • 1`7141 962-2411 - www.w,,gd mrn A ill I IN SHAOFDAVEACINLY tj';f INM I IWA P1 i , li , ALL POINT PfPj ON OTHER U 'AO�STANCJ, CITY OF TUSTIN WHCN PROPCHLY VAI-I'MYED I IN T"If:SPACCO THIi V� YOUH PFAMIT M 1 p ai{ ant. hereby recites s the fcllowmq conn€+ctior(5) to pity`s sewerage facilities. Location Leat Not. Size Type ISO* reverie side `tor imstructions) .J f ! A d! t a `JL i. - Taltz P4d°off G To Tract No.. _ .. _. Total lasts _—Estimated date of Occupancy._. if commarciaal r industrial property, trstnl rruteaaae sorvad __ -- `he os fis to be di,!,chtrtled to itv`s sewerage facilities, ;f other than purely domestic sewage will have the !CX, arra gonrral chare4cberktics as to estimated quantities.. time of peak dischorgis and principal source or source', tr+ n1k;:0g rt., ast*plicahon, afrPlicaut acknow,teclge-, that any permit issued will coostifete a contract. if accepted by opj, u, Ant. Eno may e enforced by ci,.il action at law And/or injunct;oti, Data. 1 -ad ` +r . – . saotva�v�e PERMIT For Connection to City Sewerage Facilities and for Discharge of 00stie Sevwasle Only Pera„r on t, - oruct cof?n�rtionfs} to the se erArle facilities of the Cityy S hereby ranted to applicant providing la „a .w3 h c: n r :•arjt>, : mralie ir. act r once witty plans and specifications heraby approved. and attached haretra; further ✓r .ttg thatrorquest for itcspect;on must be given to the Tustin City Mall (544.7820) at lest 24 hours prior � to the commencing of any Construction wsark, This pr_.rrnit also diva; the rappalicant permission to discharge casty puraly domestic savage through the con r r' : til horeir its avc rruthorit"d into tha -,—rage systema of the Ciiy, The rfi.ch srge of anv industrial or crsmmar `;- r.,,1 ,v.a•,tc is c P n+at .:r ped without ,^a fur l e, and soparata permit from the City. Ro c pt of inquired faces and ci argas as pecified by Orange County Sanitation Dbstric.t No. 7. Ordipeaca hla. 705 141•_ is hereby ackn wlesd actCITY , si `ter tF CIO Amount Pain yw _=0F1 APPLICATION FOR PLUMBING PERMIT API A,NT: PLEASE Fitt. IN SHADED A' USG r;:ilc-!`f ONLY €3LE PENCIL, BAIA. PL1fNT PEN i OTHER I NON.ERASA8,LE SUBSTANCE CITY OF APPLICANT FILL IN THIS SHADED AREATUSTIN UUU ONLY — FILL IN COMPLETELY 61G6 •:1 IJ �` .'. �� PENT FEES NV T�RG 1F elklURtz R14 rT ¢Rf _ fees" rt CCJ9E',:� vc BATH TvN WE k � � kAt i ,nti n Icy tCHra ti ,c (..s_Hdar,i WSPp I. - -- AUTO r '� "4., t.» 'Y (J19HWgsHrF1 ,•p,. .. ...�� r r 'r,:., gt.h.ar.,. �rtv ur SE Rr,tC7E SIr.K .._-._.._.._.__.__ ._.. _._ _ ... r.� _._ ��' Y •I x -`` fJR.NKJFIr G` f}Ui<1TAfN��` ,,iipysl � tom• ref >a �T,_1 ___ _ _ _ _«-__. ...r_ _ _ I RAPS _ WATER rrSA'rRR . - WAT@Rsof rk NE`HS . �''�•• LAWN SrrRINIt LE RS RES. O COMM. rt T RAILER H001( uPs i:YCis.A1' Nf1. OP OUT! FTS NAT r7 1 wr rr HOti$E SE -WOR (VALUATION) •.vlfrNKr l u •, . . Y 4, - __.... _.. _ 1 rNAI PERMIT ISSUING FEE C- Nf HMI 1 4.1i it7•S C t(1Pr Ci.: �G. TOTAL FCE S na.0 L'.:�H WHEN PHOPCIiL V VALIDATI U I HIS SPACE) THIG IS YOUR PERMIT. APPLICATION FOR BUILDINGT Arl"LICANI �-iEZSEPILL INSHADED APEAC)4vL'r BALL POINT PEN 0R0TYIE3 NOt-3 CITE' OF TUSTI 1r¢:•g -�v iii*£ata eEv rat} APPLICANT FILL IN THIS SHADED AREA 12745 Y >— ONLY a 6 LL t@! Ps PLT Ly — —ADDRESS � IN �aA ifNo atacltt�s� 4f li K.f3- .wry TEL 0 NOL AACWT P1E E.Cl iEL.. �° .:�F. # arta#,C AURES ��.qw'"Ap `.;` .•;,±ac LiC NO ___ _- C3�SCR4P1Itt�#�r3�iNCi�Y.� f xasT~3 HL OG ,e tom• '. .. .�.: . . . , . - a✓' d' . __...._. t4611K TO OF .... li"dSPECTi N RiC0P I S{g cYf,JH�4 FA,4iliS Sri, 1:11 Y FIV 0 A00 0 At TSO EPAIR! DrNraOL154 h*,*Ly to Ontftrt t Wain 1.411 011% 440itC41CO x . 14 t4610 het I 0 tdaa atxn�. in$oftnetar,n fif cc1#racR end a¢raa to cawsgyl+/ w.tth ati APt'�Pt, OVAL 1 now'* 10¢0140"it tit njY .v cdr"tttrtt#nh, "d i "an Isar 4inattry ehy :i3cF^ai �Y*C+ro A�„j 04,00. in-omhaft at I" �vo.u-,00 ta*l5ttl. of tnti .....�.. Stateof. attif**nia. .__ ...... ,:._._ .._...�...v:_:. _.,._......,..> v>..._.,..............._...... 5€•tw $t.. amass I horody cartifY that 1 #m otedoriv ticamod ati a QaotrUtar undlif in'Seita of Calitorste Sak-aao and 0r64aifam G3da, i1M116» 3,. -.-.—.—.-,-..®..,..:®:.,•-.>-....'� -- - ..._.,. .._...�»... _ ._.. cn air 11, *ad t#+ai a gh i15a»t 4. ora iY tail. farce and a$#@E#t ea. „�• @5te�. tit i arta .. t #rates tfi# rputaloneof a $#ata at Catl#tt#nla valno4A .+$ Prntedsoina Coda, Olvielan 3. Chaptor q, +a�^+SEt�earis se4twaTuel� '°' ry CITY OF TUSTIN Community DarolopmoW Daparutsent - Building Division 300 Ctotmial Way, Tustin CA 42760 BuiMing Comter (714) 573-3131— It Wetion Recorder (714) 573-3141 i3�, DING PERMIT NUlidBM001-11499 ADDRESS: 520 PACIFIC ST TUST SUITE ASSESSOR'S PARCEL NUMMIL 401=371-07 SUITE NUMBER.-: LOfi NUMBER .................. TRACT NUMBER.: DEVELOPMENT AREA. .............. TUSTIN ISSUED BY-_ ... DATE ISSUED..,....: PROPERTY OWNER_ ....... ... _,..... ,_ LOUIS METRO INTER R E PROP ERT 10 1 WINDSOR LN TUSTIN CA92780-4329 4SCAN ROOFING ARCH A-1 1824 E. CARNEGM AVE. SANTA ANA. CA92705 (949) 250-1221 JOB DESCRIPTION: TIO RF, REP W/ 25 YR GAP, 30* FELT, 3.5M -REAR O.C.F.A. Number.........: OCCUPANT LOAD: 0 OCCUPANCY GROUP: R3 CONSTRUCTION TYM: RI?MENTIAL SQ.FT: 0 COMMERCIAL SQ FT: 0 INDUSTRIAL. SQ FT: 0 GARAGE SQ FT: 0 OFFICE SQ FT: 0 WAREHOUSE SQ FT: 0 ROOP SQ FT: 0 TENANT IMPR SQ FT: 0 OTHM SQ. FT: 0 NUMBER OF UNITS: 1 NUNM OF STORIES: 0 UBC EDITION: 1997 NUMBER OF SEATS: .0 VAL.UATION...: $0.00 BUILDER VALUATION: $0.00 PLAN CHECK 50.60 FEF,yS1,1M BUILDING PERMIT: MARY $0.00 ) EC PERMIT: $0,00 PLUMBING PERMIT: $0.00 ELEC PERMIT: $0.00 SIGN PERMIT: $6,00 GRADING PERMIT: $0.00 PRIVATE IMMR: $0.00 NEW DEV. TAX: $0.00 TSIP ZONE A FEE: Who TSTP ZONE B FEE: SOHO SMTP FEB: $0.00 MICROFILM FEE: 50.00 OCFA FLsTL: $0.00 PENALTY FEE.: $0.00 REFUNDABLE BOND: 50.00 MISCELLANEOUS: $0.00 TOTAL FESS: $9.09 LNC CON=ACM* MCLANATION, t bmeby r(A m dw l on, r Boomed Conawcw mdr floe p vWam archrpa 9 (off wilb 3mcdm 7000) o(Dhidas 3 ofdr ausioro tit Pt016sda s Coda and my uproot tm bn W Ibwo sod edfoot. LICM"8 NUMBER: 671922 LICE= CLASS. C30 HOC 8rp4dDAT&lWI* g3 Owk= BIIII.DHJI DECLARATION I IAedry W%= thu I am acoop &a dw Comeetode haws Law for do JWWwkng tsamoa (Saatimr 70313, ftadaaa. t toiMeeiass Carla Atq (2q aaamly wlitl ter1"r m pwa to 0orstattt6 albr, impm demolieh, arrpk soy taI a ,prior 10 ho iseBmata, oho "qWm the liar met perm to Me m dgrdobbmow"be albs k 0awW pownsw to the pwAsiar ardw Comosaah idemme Low IC " or 9 (oowammaims wish Sacoom 70" aluvwoa 3 of des dodos! ptsAvtdoro osdei a dw As w see is emermps tbgedsm rad dw book forts ollapad wmpdea, Aay VW*do a afSwVoo 7031.5 by aw appy for ra pwiak a5jepo dw riMWror►b r etrk p"w ofioammu t►mm the ootid d downlYS00.00). _ ^ _ In owaroroe property, aaty amployen whb w"a o wA* sb 000p"mdkw, wM do de ash sod do sbmctnse k ad iosatdod aodemd firade 6Sediva 79K Btosisew Z Pro0014oes Cady tee Cantam o's Lkasw law der am rppy ro mo ewom ofpoprty *% bode ainpaovoe lamas sad wto does stat wads ttittnowHabmseNor dvowsb btu ohm awe eaP{aYeee. provided tMt onoh fetpsovemsouarn sot httcodsd aaBersO tbrtrk tf, Itswmrte, is br a irepovaate - is odd wk%b on ywtof aaoykiba. mho ormar bwWr will bns the brtdss efptorlat mmol ba ermbm dbi mrtaYN a improve Por pwpow efrsisl (, as aw rAw ofle propwty, ram eachriwtb eretlsaiet wig goetrtmd wme wrtleta b aoaaet mho pgjeat(7lootkn?041. >aoienr d Paskoolrar Cada lls CatroaYr Lineae [maw does not *" b as away arpropmy who bW& or improves t> &me, mod who confowu fir ooh pwjodrwir oeoatreraee(tt) lienor mttm pwrAW to *0 COeaoaLioesm — 1 am aaempt under sawoa Bwa alas 3 Pmanionr Code Lbr doe Ibilowiat momea(yt Own" Srpwma Dew WORKtL#5' IIECI.ARATKINt I bmeby otos ander peamlty of perjury eat of tbm ta)bwiot dwWAW or: I lone mad will resMda • ceNRaao of aawat to sd"Num Sa Workeem CwwopmmwWK u provided for by Sw*m 3700 ofdw Lobo Cada. I& dr pert wonaw tido work Ibi w tkb edr p n* is b"mL I hove and will n=kbia Wadca'e C ka kwnoao, o nyWnd by Station 3700 of de Labor Carlo. far dr pmfwmseoe of ria wok far which obis pbtnu 4 iovw& My�alrar's Ooetparatlortinstamot: errior rad Poky Numbr oro: POLICY Ntwux. waom*437 COMPANY': 3WASHING"rM INT_ as (This mcdoa peed not be aompksd iflr pw dt is fr oar Mrmked dolytafgitBj or hwt). I cadfy *A In do pw&mw of t6o walk for tiiriii6iotit lo irMd. I shah mt emaptoy wrry porno M soy rrtaoarr ae o b baacwr b Lha Wtrlmts coommpco p""doe hwa of taeH mord I spso 60 dd beoeam muhjnt b the wwwo Convftwoboa povwA" of Sasha" 3700 Orem Gabor Cak I than fbrdvrid. comply with dwa sittrmtam pas I7mtrG !0 ' - pl WARNING: Fd metrue wmkw g Ca"eamo lar twvarge is uakwK wed sw abjed w aopbyor to wimiw poaddss mad orlon Ba« tip to oar brodrod tba omad dodws ($ 100,000) lot b time can ofd dmmg= oa pa'idrd for in Swdw (3700) of the Lobo Cak kftwd rad waaty f mm. IMPORTANT: Appiiaadoa to booby sods b the SudaVg 61IWd ht r pwsk we)oa to lbw eoeedtw sed moRkdom met fords ao"mppftmk o. P.oct polos upon stoat bmWfO& mppli mWo a arils and oeeb paasn w wbm MOM mad far *loam beatditwad is prkmed tads or potmmnt b soy pamk iaaa ra t took of ddm wppYomtiaa open b, and obat, iadem ty ad haid btemke dw City ofTwtis, its allfrara, ogeaw std mpbyaes W w0wrdoao I with sloe prorhioo 0f Chmpw 2 0(dw thtidtna ase Code. I rime ant is soapy or 910w ocagomey of may WW109 &Awbed by Boo perpit anti! KW impectiaa hrm bow romhmd. I am* dr I tans reed lis M§cWam ad swe lu Ito rbeme m b"whon is corraai w66 all Cky sod Stem lows teleeing b die buildlmg eoaswadoa. and hwubp jtgaerelrt of ter Coy io voter upon tbm above ewukoed property Sitaotroe of t3wor, Caerntaa; or Aadnai>ad Agtwa �F���`v_ Umb !i7 " �� d / "'BiiD,UII PERMYI'tA1sC•9f1R71tCP'[YfY.S TYvelleVruvvmutrt't�rturm►manmurwvrvrun vt�r.A= Cw M89UANM OR W WOW IS SUSPZ"tz) K N Its BAYS — ASSESSORS PARCEL NUMBER. 401-371-07 LOT NUMBER. ........................ . ..... ! DEVELOPMENT AREA ................: TUSTIN PROPERTY OWNER. BREI I FAIRBANKS 520 S PACIFIC STREET TUSTIN CA92780.4329 CDAumcm A. I ALL AMERICAN ROOFING 1824 E. CARNEGIE AVE. SANTA ANA, CA92705 (949) 250-]221 SUITE NUMBER...: TRAGI NUMBER.: ISSUED BY .............: DATE ISSUED.......: 10/3W001 �-�-a�-- JOB DESCRIPTION: Tro RF, REP W/ 25 YR GAF, 30# FELT, 3.511- MAIN O.C.F.A. Numbs:......: OCCUPANT LOAD: 0 OCCUPANCY GROUP; R3 CONSTRUCTION TYPE.: 5N RESIDENTIAL SQ.FT: 0 COMMERCIAL 3Q FT: 0 RMSTRIAL SQ PT: 0 GARAGE SQ F'T: 0 OFFICE SQ FT: 0 wAREHOUSE SQ FT: 0 ROOF SQ FT: 2900 TENANT 1MPR. SQ FT: 0 OTHER SQ. FT. 0 NUMBER OF UNITS: I NUMBBR OF STORIES: 0 UBC EDITION: 1997 NUMBER OF SEATS: 0 VALUATION.: $7,250.00 BUILDER VALUATION: $6,000.00 PLAN CHECK $0.00 FEB�R BUILDING PERMIT: Y $175.00 MECH PERMIT: 50.00 PLUMBING PERMIT: $0.00 ELEC PERM[T: $0.00 SKIN PERMIT: $0.00 GRADING PERMIT: 50.00 PRIVATE IMPR: $0.00 NEW DEV. TAX: 10.00 TSIP ZONE A FEE. $0.00 TSIP ZONE B FEE: $0.00 SMIP FBS: 50.50 MICROFILM PM- 50.00 OCFA FEE: $0.00 PENALTY FEE.: $0.00 REFUNDABLE BOND: 50.00 MISCELLANEOUS: $0.00 TOTAL FEIii3: $175.50 L ICrNSco WNTR CTOR TI"- 18mby dorm"t as a Sonmd Canoomw soda the provWow atrbapw 9 ( wit% Sm" loo &([livedos 7 a(tba 8ehtms t Pwadom Cods, sad my liRr« b {d ho Axa and om m. LICOM WUlf N& Saftl LICENSE CLASS: C" HIC &pian DATSM41)2W OWN= $ULL.BR.R OSCLAKA770Ah I bmeby mdbm trt I wo w mp[ hm dw Caotnaat a Limwa taw pa sba> t tratm (Sftlim 7031.3, bashm a Ptoftsdow 4bda Amy Cky or nary wbkb,agW, a pmdt W" olwK 4smoN0k, or mpb sny *Ucmm prtw to IN bwsw46 Am ropwa tm appllass hr pub pamb w fib* i aprl,amm ew turtle or dw M Uosated pmaasoe is dw l mwlaior ofdr C*Wntt t'r Lloaaa Lar (Cirpra 4 (cammtdas wib 9trxios 7988) o(Di+r Wm 3 oftha ttsatsaw a ProOweiaaa oadoJ a for liar ale b mcaapt iromflan and tltbsab Poe the WksW aemp" Amy vWmka o(Swtks 7071.3 by say appgvmt for a pamit wbjeme do applbwt to a dw parity ot] W ter- sur om boAw 409m asOB199} Iro~ortiapraPprmafiotawWdoibcws*mWdw>aooianbucibms"aroilAat'Jbrs&(Svcdm70K w;;6—m! m -Fl iesa Cods d e emk*dws Limner Lar dow sot apply p m owaa of pm"ty wbo bwU err iepo►a tlwradn, sad wiw dorwhd, work bfsualfor imsslf a iberrlarawnewployaeaprwidaddotasclbnprov=m4aronotkseadaderrdkaedPorwb.I(,bowaartbabali ttorbaprstweeatbaaiFwWdaowyeara( 6aalp d0lbr pop mw of "). _ I.Yawsero(Rs pwpmy, am asobtaivdy aeabFnmfgk wUb tknaaed ma lasaara w aoesbthm tM ptgjeetOiMiea?eM, tisainw Yrefraioas Cbdx The k�onlraeeela Lioenss L.aw doeanot "illy loss oww o(poWW aiw buff or tmptotw thovw sad wbo ooauaem Ahr asci p ojocb wkb r ambacto*) Ikwr purauwt m dr Coohaorts I iceoaa L.aw). — I am mhtagt harlot section— sadew a Pmaniam Carlo for the wwwing Moscosk I bwaby alba nrdwpsaaby o(padwy ow o(dr kUmimS dadarmimm I bava and w16 mabtWm a em 'a - o(oomeat to asi( ane As► WodarW Composaim as prowWed W by SoWos 3700 o(dr Labor Cad4lie the pmtbraasoa a(dr work I bow sap w19 W&Wbtl a Wotrmrs Compeommdou Inattwca as regwW by Smtim 3700 ofto Labor Cadk ft dr Pedhan sshr aJdr wo* for wkkk Ws pmnir is bwN w wndari raspasmam L4mm arr, wd Polley N=*w sm POLICY M)leBaft.S'J;>17wi gCOMEPAINY: INGroN INT. IML tTkiasecrioansedrNbocotpltladi((arpendeiadilhtti(Ilao)arkrs}I omit dtt is drpwlkrtstmeo(dt w.dtbb pante is isnsd I do# not wq&y any pmwa is amy msnom wserwbewmaw*dlalbeWorker% Compere s bwa o(CaUfatsb sad L sdrae cosr t *dW e0 the WerbWs Cbsapeeratiea provbkw o(Saorko 3700 of *a Labor Cads, I OM A amaply WARN10/0: Fakftilft *1 - Wodter's Cbwpm fim aovompe b aalawfld, red shO wbjem m anpisyar to ftW' ftd PWAW s apd ainl t1,hw aP w ana 60&W dasawsd &OM t:100S000j afl addMlm I*Vw oat of wopmhwdos drmada m provided for h Swrkm (3700) of the Labor Co* i4 and a &may Giaa. IM!"MLTA@rt1 AppUamim k bmeby wade w as 8WA 4OlYieW Aar • pends wbjam to the aasdidam asd hmaticdaw sat ba an dib sppUatim Bub pm" epos wbaaa belm"Oh appmatkw a mads and as& pawn at wleaanow and Ibr vftm bow& arotk is pmknnasd taderar pmrhatt to soy parnat aww r a tawlto(tbb appUtaaion spoor K asd dtU Abd bald barnMa tba City a(TuMik i4 afRcaa, VO4 ad omtploym in accardaate with tbo pmvimWm o(CLaptm 2 cf &c Usiftu Admieittrive Coda 1 apse see m oawpy at allow ocupwey a(ssy baiidsrd awborim4 by tib permit math !seal itd� leu bma rocOved. [on* tar f kava mW" i s mandOn sad ahge trot dt akore isfarhutfan 4 o0rrs0t I pros so owsply tvib as Cky sad Stw k" mla td to tke bs:id(ntcosatwdm mdd reptamudve of die Cky w mar tilos &a *ow mw4nod yropmty far rpmpoam 4* -c OF MAXIM" Ott ITWORK 1SSUSPWWW FOA IN DAYS— CITY OF TUSTIN Community Development Depaatment - Building Division Construction Permit 306 Centennial Way. Tustin, CA 92780 Building Counter (714) 573-3131 or 573-3132 Inspection Rocnrder (714) 573-3141 ASSESOR'S PARCEL NUMBER: 46137107 ADDRESS: 526 S PACIFIC ST SUITE OR UNIT NO: LOT: TRACT: BLOCK: Cen.us Tract Number: RedfvokwiteM Area: Propwly Owrwr: FAIRRAW 50 9 C ST MIS, CA 92780 Arclitoctf moms: 0 MAV OW 714636-6240. Comrse or: "K -LM 41119 RAIME COM CA 91719 gognv- JOB 09111CAU M.. RMACE 6XISTIM6 BASOMQY FIRMACE ocoupency Gtow; Oetusrnt Load: Indust" square Facts Of6as +Jason Fait: f f Type of Construetion: Rookli aw &Wan cwt: Mnvd r of Unka: MLWAbaf of Swiss: Number M 1kcimonta: CMifrnarc4i Sgwn Few., WaraMwa 64uut Foot. f lietgN sq am Fra: 6 Otho Squat. Fart: f Restaurint soil": 6 Parking spaetis: f Acedq+bla Pwkfnq: f 6 0 Valuation: ! 9010. M UBC Iddon: 1994 FEE supow PIM Cfook: Btaildklp Polak: taactrteaa Ptmit: Moduinloof hermit: M-14 p Pam*: 91pr1 Pal : PrFnta ktniuow. Parris: New Dov"Iapnlaat Yak: 8 f 4 f f ® i I{ 93. !8 TW Zone A Fas: 1TSIP Zona B Fat: 9."SW F"! L 0 Mulonbn Foe:1.06 6. M OCFo flow. 4. is Ral,gw im" Band: i p8ond Procsu F«: 0. M I%mwy : 6 f 0 6 4 Coe 0• tl0 L91 L 0 1.111111 Lw 46 f. M Toot Foes. f 263.92 Pwwut 4.uad 6w' IN Dam owl" f0 PERM T(S) ISSUED AND PERMIT NUMMMSI M-04161 "CENOWCOMMACTOR'0 DEiCLARATM 1 hWeby "Mom that 1 on a ikana.d C/oqutof oalw too pMvWboto of &AMM 0 team"Mm" w kh SetbM 70ptft at DkWm 3 at WA guano" A hal. yW RW tkpre is an 40 fWas and treat. Lison " Humb.t: -1 -7r0 Ikon" Cisas: SL, ca=n ���7 Dat�� OFVWOM OF WK411M SAFM MWIT CERTW"TM 11w California Health end Srfattr Cada tetparu a *vfeion at w tWUW aafrtV PWM ore • Pisreg4lu bt Pat taM WOR -004 woe. the aaokesnt > of stns rAftlkataa 6Mowr. i iartify that id eanwtlon E tsar a mss iMrpth, who wfrtah a parson Y r"suwed to Aaatwd, oil w rnfdein etnn.etbrt wxh wont witt"sed by Mia Pashto. "red Mat no buidkM soucnr.. 5"t oidkw0, t"lsewa0t, a dwnea"" of Yeq *waol, eat be mora than 36 toot sift 6wM6ib0 ILM DECLAMTK M 1 hW*by &MM that 1 un fuw*t lean the Con raWoe's Uearof tow for "m f-00" ro"son tStcbam i'017.6. &elms i PtoMkmy Cuero A.V Oty w CountV . %W *qwm 0 Oarmk to Construct, attp. Mpro", daotagoL of tap" are MOMM ". Pow to fti LI VYWa: "Tao r4a6rae tht 000WOM tot snort pemit to IW a 04"d otot"W"'IN" M at kha to %""Mod oura nt to too pr Www" of too Convactor's Liters." law tCfh*Mw 0 (aornatim chq with Saotlon 7060) w Dh400n S of the MMinas. i WotesaWto C0441 of that he o Nu it ewmpl Mpehom a 64 nd too 49 tot the aafpd OKOWVtktn. Any vk4-000 of Section 7031,15 bV.tri appkwm 10f f OWM subjects tht opok-ft to a cavil V*"ky of not mph than No hundred tloRarsl tlifto f. ❑ Ica owrrrM ttuproWtV,ormV w4ok .a" With Wall"" thwtsate cwrWMrr b". wo do the work and too atreMlte is not weww "of otfand fo` %*W$ocbM 7044, Suawwfe a Proft" oty COAs: eM ComuatoWl, haat" Law dots not appy to an owner of pmoony who btd4a w Mquav a ttogmw% and wha dost most wor►ttmu# or turulf orM mghlis otlaw "on wndoyan, prorkud chatsuch iwomvematreart not WdoWad or oktked to a4. K. hottrva, #w buadktq p i knorrmant o sold won n ona y nk oicomptft.trw, the awwtq-W"W wla Mw the burden of Pt WA" get M a she did not Faded w iMW6*0 IM pufpeelr) of ka4.i ❑ I.ridwnerWtttrM4partt'.amereklpWaWawgndagwRAW>,nHtl t.rwtrattors to Ca "Aaf tM "lea 43"non 7'D44, M*ww s ! Prefeksrpff Codes. The cmWactor's t minso Lsw dotsw oply to un dwnw of wopMy who Wsalds w away" oww. a w "b "Mom lar cacti waldts with a oomnctdfa ko.na. pwkuent t" the CWWW W'a lseenea LAwI. LJ I. r""rrpl undp Catton_ SUSIMI ! i ItMIG kink Codi fes the fallowbp. MANUal: ow"w slwotucc Dan; WORK"R5' c""""'" oECLA .n M 1 M�py .term and r -n-V of OW " OW of too t k*" © I Mw and car tnswruM a a.rdpe.t. of anwom to ro�•"W" gstro Wa4rcoo—wo—as pre�W W to by Swoon 370o.1 too Lbw Cod., la the Warroane. of Tito work to .Meech thin ppm* is Mau.& 0 1 h. ped .4 .toww.M W. J e. Ctaogpnn"kdaa "team", u —VAwd by $ooO- 37011 of the liber Cod.. I. tM porfone . of too wsA to whch 04 pecan r iaaad. My Wpker't C 0wona tbo k,.unmo coni", -W 00" nuwbw FO xv WAWK p": .:Lq —q 426 Mw a.tW. awM eerM rl.iaYW w rM oanlwe 6W w a nwad dwwn Moan• kvd. ❑ 1 cantly that Mt #w Won orsco of wo *am for which this Paton a rsu" 1 " roof efnolay any OOMM in .try wanuwat in u to bauama subbaet to too Wadw'a Cprip.madat Ise" of GaMarH., pfd grf"toot M t *auw Oattwe 0400 to dr W Wksr'a CwNwWatia" pr ow" of sm an 5700 of the labor Cuda, 1 knoll fWlitwkk ttpady wdM Mur" Movuena. nWWW apuMplQ aoapa 14100.00M . *lMon t" gran of MM000aftlm+l d&nW$n a WOVW d for in f.onon 3706 of Cha labor Coda, nwast and Sonne Fast, CDOISTRUC7101E LINU M AQEIM I wraby tffkm Own Mart N a owwououotw' ' syIrsV.1, tk. W16 n afro M IM wak. f« wrlieh not p.mrI it Ufuad IOfadoo 5007 cep c. w, LFa WWS ADOMM: MAZiU MM MATMUS AND 910111111001101 8TATOM1J A M 0A.0.1wiLD. Data: �fl.S.F.D.. Dau: Met roc ww ff��tt t-V.S.O. Fes a" Vat tJ IWA ❑ MMWAW SPokodon is hwaby taa& to iM &ow l"$ omw tet a ppmh sti jou to Tho wN60 and reahtdato of f6fth Caw tWS .. Each paaon upon wl beteM WA MMOUdah 4 mods MW each Dorton at wheat mw *M aha a wiwas bereft went it Wtom*d WWW at Pwn+aat to wv? p,w"wbtawad a t"pat Ot"apphCab" epee tea "red "f W . 4WrtwMW Mrd hold ArrMss the :.V of Tulltib, M othCerk, "W" and .mp4Vees M MaMdthtn wah too mv{ifdrat of Chsptp 1 of w* Uni4rew AAnorwwatN" cod.. Ispat not to occupy W allow aort4motev of any bu kUrV aWorksd by Mus of W 10144 *W indfloadwl *Wovat how ban raaaNW. 1 COW&V sunt f no" to" Ma oppEaMon no auto that the .baso infam"ebn is enact. 1 of" to onpp w th aha Sty wd Stott ftwa (400" to the budding t oatracoon, pd arMy twdfdrftt r"pt'iap.aMVea w sire t11V to Mrttu ups too "Own" arntlon"d twwvv for Ma ta:40" Pvpdwat. Signal" M ow wy %el1Et . W Audwtiwd AOMt, �t .��It AS aswwfbtat wnot +hooyetM to work wfwtiw wo" as.a ngint f pw.sit NMM OmW*uhf DNLg/10f MI.ndWM}at Satelof Y's K M1W above uniaaa suds 0"rson tot a germy frpn toot owwon. S> NAT't11RR DATE ot-swo of Inthatwal sooty Paw" Nuadwr: In WINO .see wmtFaiwa Motluioos. th*City of Tuad" dots to 6&afndew ea Ow bo s of nook color, nokwal or 0 M6e a direb ky White - Offfu Chubs . Pccmiuw Piak - Audim Oat4eerdd - ASN"or October 25, 2010 To whom it may concern, My name is Robert Stephen Gaylord, one of three sons of George and Alice Gaylord. I grew up at 480 South Pacific Ave. (now 520 Pacific St.) in Tustin, CA. My father built our house, the garage, and the apartment above the garage all in the time and with the processes it takes for a single individual to do all that. The best that I can recall is the unit above the garage was built roughly between 1938 and 1942. The fust tenant was my uncle who was stationed at an anti-aircraft defense base in El Segundo. We visited him several times at his Army air defense battalion and saw the search lights and anti-aircraft gums. 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 Torn Marine Base. I recall the stairs to the entrance as a child. In my memory they were always there on the side of the garage where my parents would catch rainwater. We were not allowed to go up those stairs. The unit behind the garage was built by my father roughly between 1945 and 1950. I judge this based on the fact I was born in 1933 and when my brother John and I were young teenagers my father built the two rooms and bathroom for us to occupy. After we moved away from our old home, the rooms were made available to others. The only person I remember was, (I believe the spelling is) Ms. Grennan, who helped take care of my parents to the very end. In fact, she called me about Health problems my father was having when we moved him out and sold the house. My father worked at the grammar school as a woodshop, boys' athletics and natural science teacher. He was an Eagle Scout, a Scout Master and a Deacon with the Presbyterian Church in Tustin. He was often involved in construction work in and around Tustin. He was in every way a faithful law-abiding citizen. Sincerely, Robert S. Gaylord �rC'Y Community Development Department July 23, 1998 Mr. Nathan Menard 345 West 6th Street Tustin, CA 92780 SUBJECT: 345 WEST 6TH STREET Dear Mr. Menard: City of Tustin 300 Centennial Way Tustin, CA 92780 (714) 573-3100 On July 21, 1998 we received your request for a zoning compliance letter for 345 West 6th Street, Tustin. The subject property is currently zoned Single Family Residential (R-1), which permits single family residences. Second single family dwellings may be considered in the R-1 District on properties with more than 12,000 square feet of lot area, compliance with several other development standards, and the approval of a Conditional Use Permit (TCC Sec. 9233(B)(1)). Our records indicate that the main residence was constructed in 1929. We also have on file various building permits for the duplex on the rear of the property, dating bade to 1964. However, there is no record of an approved Conditional Use Permit for the use. As such, the duplex is considered to be a non -conforming use. Pursuant to Tustin City Code Section 9273(C), non -conforming buildings destroyed to the extent of more than 50 percent of its value by a catastrophic event may be restored or used only in compliance with the regulations existing in the district wherein it is located. See attached Code sections. if you have questions or need additional information, please contact me at (714) 573-3118. Sincerely, Bradley J Assistant Attachment: Tustin City Code Sections 9223 and 9273 8E:345West6th.doc November 9, 2010 Planning Commission Board of Appeals From: Bret Fairbanks Subject: Appeal of Notice and Order at 520 Pacific Street (continued) My name is Bret Fairbanks and I live at 520 Pacific Street, Tustin, CA 92780. At the end of the last meeting on October 26, 2010 I was a little upset because we didn't resolve the issue but hopeful because at least we were finally moving forward. From my understanding, we were to meet with the city during the interim and determine the age of the units and discuss some possible alternatives. On November 4, 2010 my wife Stephanie and I met with Elizabeth, Dana, Justina, and Amy. I was hopeful going into the meeting but after only a few minutes I knew we were back to square one. During the last planning commission meeting, commissioner Puckett suggested I fix some of the more minor problems and we could work on a better overall solution. During our meeting with the staff there was no alternative solutions discussed. The staff simply said I needed to apply for the conditional use permit (CUP) and would have to remove the stairs, carport, etc.... This is the same order they gave me in the original Notice and Order/ Declaration. Remember the CUP was not even introduced into the code until 1961 and these structures have been here since the 1930's and 1940's. Unfortunately, meeting with the staff was unsuccessful, and they suggested no alternatives, contrary to what Amy just said. There are some things that should be fixed and I want to fix them but I shouldn't have to bring a historic home built in the 1930's and 1940's up to code. I am in the fight of my life trying to save my home that was built over 60 years ago and could have changed some since its original build. What building hasn't changed in over 60 yrs? No one complained to the city, no one is building anything, they say it is a safety hazard but people have lived in the units for over 60 years with no complaints or safety issues. Why all of the sudden now? The city has been out to the property on numerous occasions and saw the property, issued permits for the property and said nothing. If it is so bad like they say, where is the accountability for the city when they knew the structures were there and let me purchase the property? The reason they let me purchase the property was because the structures are allowed and are considered non conforming structures. Just like they did with my neighbor who has the letter stating to that fact. Is it the position of the city that anybody who owns a home built in old town before 1950, is going to be held accountable for something that was built way before their time? I purchased the property from First Team real estate as a multi tenant structure. Both the county and the city at some time either recognized or knew there were units there and allowed them to continue before I even purchased the property. I am being held responsible for something somebody did over 60 years ago which the city new about and later destroyed the permits. I am not asking to be treated as a special case or granted any special permits. I am just asking the commission to do what the city has already done with my neighbors and recognize the structures as non conforming. Precedence has already been set. A simple letter is all I ask. If the city is holding me responsible for something built over 60 years ago then is it the policy of the city of Tustin that when someone sells their historic home and the city has no records of permits, they need to call the city, mutually agree upon when it was built, find the code of when it was built and make sure it was up to that code. And if not up to that code, the owner will be held liable. That is what is happening to me. Why would anyone ever want to buy a home in old town again? AGENDA REPORT DISCREPANCIES I appreciate all the time and work Amy and the staff have put into this agenda. Believe me I know how much work it is. Their report is interesting but does have some misrepresentations. Amy said in her agenda report "the intent of the (CNBC) 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." She is close but is trying to stress the public health and safety aspect. Again, I don't want anybody to get hurt but according to the CNBC: Chanter 8-101.3 Intent. The intent of the CHBC is to facilitate the preservation and continuing use of qualified historical buildings or properties while providing reasonable safety for the building occupants and access for persons with disabilities. Chapter 8-2 Definitions of CHBC Life Safety Hazard. See Distinct Hazard. Distinct Hazard. Any clear and evident condition that exists as an immediate danger of the occupants or public right of way. Conditions that do not meet the requirements of current codes and ordinances DO NOT, of themselves, constitute a distinct hazard. People have lived in the units for over 60 years with no problems. I think they are reasonably safe. According to Ord. No. 1344, Sec. 1, adopted by the city of Tustin on 11/20/07. Code 8105 — Adoption of State Historical Building Code. The California Historical Building Code, 2007 Edition as published by the International Code Council, shall be and become the Historical Code of the City, providing alternative building regulations for the rehabilitation, preservation, restoration or relocation of buildings or structures designated as historical buildings by the Federal, State of California, County of Orange, or City of Tustin, all provisions in effect June 23, 1998, and approved by the California Building Standards Commission of January 29, 2007. The agenda continues with according to the "Notice of Completion for 520 pacific St. the main dwelling home and garage are the only historic structures on the site." "Therefore only those qualified structures would be afforded the historic leniency and all other additions, alterations, and/or repairs would be subject to the current code requirements." Just because the units are not on the notice of completion does not mean they are not historic. Again, the definition of a qualified Historic Building or Property as defined in Chapter 8-2 of the CHBC and the Health and Safety Code Section 18955. "Qualified Historical Building or Property" 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 historicl registers or inventories, such as the National register of Historic Places, California register of Historical Resources, State Historical Landmarks, State Points of Historical Interest, and city or county registers, inventories or surveys of historical or architecturally significant sites, places or landmarks. Where does it say to qualify for a historic structure you need a Notice of completion? Again, my property is listed in the city of Tustin Historical Resources Survey, which satisfies the requirement of CNBC Chapter 8-2 as a qualified historical property. Attached is a copy of the historical survey of my home. In the description it talks about the two story garage and the carport and shows a picture of them. 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 character and uniqueness of old town, and there is no distinct danger to anybody. I don't want to dig into every little thing about the report but I need to address some of these discrepancies. I_n regard to the Change of Occupancy. CNBC Section 8-302.2 The use or character of the occupancy of a qualified historical building or property may be changed from or returned to its historical use or character, provided the qualified historical building or property conforms to the requirements applicable to the new use or character of occupancy as set forth in the CNBC. Such change in occupancy shall not mandate conformance with the new construction requirements as set forth in rezular code. CNBC 8-303 Residential Occupancies. 8-303.1 Purpose. The purpose of this section is to provide regulations for those buildings designated as qualified historical buildings or properties and classified as occupancies. The CNBC requires enforcing agencies to accept any reasonably equivalent to the regular code when dealing with qualified historical buildings and properties. Amy addressed the foundation and said it couldn't be determined if the foundations exist to provide adequate structural support. If they can't determine then that means the foundation could be just fine. How am I in violation of this? The units have survived over 60 years of earthquakes, rains, winds, etc... and are still standing. I would think they have proven to be adequately supported. In regards to the fire separation between units. This is a concern for my wife and L I don't want there to be a fire in the garage and spread all over the place. When we moved in, there was insulation and fire protection between the garage and the upper unit but I took it down because rats had gotten into the space and were running all over the place. At the time I didn't realize it was fire -resistive protection for the upper unit, it was just full of rat poo. In regards to the zoning code and the need to have a 12,000 sq ft lot. The first zoning code was in 1947 and the units existed prior to this code. Therefore it is non conforming according to the code. According to the 1947 zoning code: Section 9 "113" Multiple dwelling zone regulations. 9-C4 Lot Area Every lot shall have a minimum average width of Fifty (50) feet and a minimum area of seventy-five hundred (7,500) square feet. The minimum lot area per dwelling unit shall be seven hundred and fifty (750) square feet. According to the zoning code of 1947, Mr. Gaylord had enough lot area and could have been zoned an R3 or he could have been an RI and applied for a variance as many people did and as the city records show. Records dating back to 1952 from the county, who was keeping the records at that time, list the property as multifamily (see attached). In 1958 a home on B Street that had a guest house on the property was granted a variance to use it as a public accounting office. The planning commission found that practical difficulties and unnecessary hardships would result from strict compliance with the 1947 zoning ordinance. That such a variance is necessary for the preservation of a substantial property right of the owner. (see Attached Resolution No. 513) With regards to the units requiring a CUP and having 7 parking stalls. The conditional use permit and parking regulations are in the 1961 zoning code and the units were built way before 1961. With regards to the setback of the property. In 1967 the city realized that many properties had setbacks different then what the code states because the structures existed before the zoning codes. TCC Code 9271 Specific Provisions. N (5) Detached accessory structures may have a zero -foot side and rear yard property line setback if abutting an adjoining structure on a separate lot with a zero -foot setback or if the abutting lot is unimproved. If an adjoining structure on a separate lot is constructed other than with a zero -foot property line setback, a minimum of (3) feet shall be maintained between the structures. Jim is my next door neighbor. I have a zero -foot setback and his garage is on the other side of his lot giving more than 3 feet between the structures. Amy mentioned the staircase is over the property line. We don't know that for sure. They are assuming this and Jim my neighbor has stated he has no problem with this. The problem with the lot lines are that according to the city public works department, the city has never done a recent survey on Pacific street. It is still all measured in chains. If they do a survey they will find all kinds of problems with property lines because my lot should be 50 feet wide and measuring from the front it is only 49feet 3 inches. I have no problem with that but it will open up a giant mess of property lines. In regards to the design of the stair case. According to the 1927 building code Section 3314. Stairways in dwellings, stairways serving only one apartment not above the second floor level, or stairways leading to a mezzanine floors not exceeding on thousand (1000) square feet in area are exempted from the width, rise, tread and enclosure provisions in this Chapter but in no case shall such stair ways have a rise of more than eight (8) inches and a tread exclusive of the nosing of less than nine (9) inches. The rise on the stairs are 7.4 inches and the run is 11 inches. The insulation in the walls. The reason they have this picture is because I showed Dennis the insulation hoping it would help give him a time frame from when the home was built. The city then turns around and cites me for having it. The insulation is treated compressed straw that was very commonly used in the 1930's and 1940's for insulating homes and met the requirements of the code at the time. Amy states that in the past the city has encountered other properties similar to mine and, either brought them into compliance or currently have a pending case. Why then, do I have the letter from the city stating a property similar to mine is non conforming? The reason is because all the properties that have been brought into compliance are people who have started to build without permits. She mentioned the property at 440 Pacific and the petition I signed. Lets clear that up. George who lived at the property was a long time resident of old town and a friendly neighbor. He had a rental unit above his garage that had been there forever as well. We knew the people who lived in the unit and would get together at the Smiths residents for neighborhood gatherings. After he passed the new owner came in and started building additional units inside the garage. He started construction with out permits and then the city came in. I have provided two examples of properties where the no construction was being done and how the city responded. One on B Street which is a duplex and has a unit above the garage with stairs just like mine and the city inspected the property and granted the Mills act.(attached photo) The other example is the letter I have already presented. Neither person was doing any construction and both have units just like mine. In the report, it defines non conforming structures according to the American Planning Association. However this dictionary defines it, is irrelevant. What is relevant is how the city of Tustin defines it. According to TCC 9273 (a) Non -Conforming Structures and Uses: Except as otherwise provided in this Section, uses of land, buildings, or structures EXISTING AT THE TIME of the adoption of this Chapter may be continued, although the particular use, or the building or structure does not conform to the regulations specified by this Chapter for the district in which the particular building or structure is located or use is made; (Ord. 157, Sec. 6.1) Both of the units on my property existed (before November 6h, 196 1) at the time of the adoption of this Chapter and should be considered non conforming structures. The biggest issue and why all this came up was that the units did not have any permits. Most of the violations are because there are no permits. The units have lasted for over 60 years. They were built by George Gaylord who was the city building inspector from 1956-1958 (see attached). The testimony of Robert Gaylord, the son who grew up in the home says his dad was a law abiding citizen and did a lot of construction work in and around Tustin. All this and now the city openly admits that old permits and job records were destroyed. Attached is a copy of the Minutes of a Regular meeting of the Tustin City Council Dated March 16,1959. It reads: Disposition of old permits. A communication from the County Building Department asking that they be advised as to the disposition of old permits and job records prior to the time the City of Tustin set up a building department. Motion to dispose of old records. On motion of Councilman Bacon, seconded by Councilman Byrd, that the clerk be authorized to inform the County Building Department to dispose of these old records as they see fit. Motion Carried. No wonder no one before roughly 1950 has any permits. They were destroyed. Why am I being punished and the city has no accountability? According to the 1927 building code General Provisions — Building permits Sec.202 It is the responsibility of the building inspector to retain permits for public record. I have spent so much time and energy on this it is crazy. I have been stressed, my family has been stressed, we have lost the sale of our home and thousands of dollars because of this. The decision tonight will not only affect me and my family but all the residents of old town. Property values will drop even more if we don't recognize these historic structures and preserve them rather then destroy them. The city slogan is Building our future, Honoring our past. Is this how we honor our past? I do feel for the city staff. They are in a very tough position especially now that we know permits were destroyed. It's not their fault but they are left to handle it. The city does not want non conforming structures, however, especially in old town, there are a lot of non conforming structures. But these non conforming structures are what makes old town unique and different, and what attracts people here. Go to any old town and you will see the same things. That is why the city made the Cultural Overlay District to protect these structures. Now, the staff is torn on what to do. The best solution they have for all the structures is to apply for the CUP. However the CUP was not in place until 1961. You can't apply a newer code to an older structure that existed way before that code. I truthfully understand the struggle the city staff has with this problem. It affects everybody in old town. But this, all this that we are doing is not the way to handle it. We as a city need a better solution. As far as my situation. To summarize: • Code A105.1 — An owner who intends to construct. I don't have any intentions of building and therefore am not in violation of this code. • 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 should go by the CNBC and we should want to preserve it. • All I wanted is the letter. The structures are 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, nor asking for a special grant. 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, that you reverse the Notice and Order, and to simply recognize the structures as nonconforming as the city has appropriately done in the past. 255 MINUTES OF A REGULAR MEETING OF THE TUSTIN CITY COUNCIL October 8, 1956 Motion by Councilman Bacon, seconded by Councilman Humeston SECOND READ- that Ordinance No. 104 have.it's second reading by title ING OF ORD. only, "An Ordinance of the City of Tustin, creating a 104. Planning Commission in and for.the City of Tustin and f^: repealing Ordinance No. 49 of the City of Tustin.' motion carried, all councilmen present voting Aye. Motion by Councilman Bacon, seconded by Councilman Byrd ADOPTION OF that Ordinance No. 104 be adopted. Motion carried, all ORD. # 104 Councilmen present voting Aye.. COUNCILMEN PRESENT: Jerome C. Kidd, Vincent L. Humeston, Y.. HEARING ON. Frank E. Bacon, Jr and Lee Byrd. i COU'NCITI&EN ABSENT: W. L. Tadlock i CITY ATTORNEY: C. Arthur Nisson, Jr. present. that Ordinance No. 105, "An Ordinance of the City of Tustin Mayor Jerome Kidd called the meeting amending Ordinance No. 71 and providing procedure for the # 105, READ to order at 7:40 P. M- Cj On motion by Councilman Bacon, seconded by Councilman 24th, and O Byrd, that Minutes of the meetings of September C September 27th, be approved as mailed. Minutes of the adjourned meeting of October 1� 1956, to be read. Motion Mayor Kidd requested approval to leave the state on a carried. hunting trip. Councilman Humeston, moved, seconded by Councilman Bacon that his request be granted. Notion i carried. Councilman Bacon moved, seconded by Councilman Byrd that the Application for Building Inspector were discussed and Minutes of October 1, 1956 beapprovedas read. motion GEORGE GAYLORD a Motion by Councilman Humeston, seconded by Councilman carried. I Motion by Councilman Bacon, seconded by Councilman Humeston SECOND READ- that Ordinance No. 104 have.it's second reading by title ING OF ORD. only, "An Ordinance of the City of Tustin, creating a 104. Planning Commission in and for.the City of Tustin and f^: repealing Ordinance No. 49 of the City of Tustin.' motion carried, all councilmen present voting Aye. Motion by Councilman Bacon, seconded by Councilman Byrd ADOPTION OF that Ordinance No. 104 be adopted. Motion carried, all ORD. # 104 Councilmen present voting Aye.. Mayor Kidd called a recess at 8:15 P. M. in order that PROPOSED a delayed meeting of the Planning Commission could be HEARING ON. held for the purpose of a hearing and discussion on ORD. # 105 proposed Ordinance No. 105. Council meeting was continued at 800 P. M. Motion by Councilman Bacon, seconded by Councilman Byrd, that Ordinance No. 105, "An Ordinance of the City of Tustin t ORDINANCE amending Ordinance No. 71 and providing procedure for the # 105, READ establishment of use. zones and building line setback BY TITLE ONLY. requirements for the territory annexed to the City of Tustin," be read by Title only. Motion carried, all Councilmen present voting Aye. Councilman Bacon moved, seconded by Councilman Humeston that Ordinance No. 105 be approved for it's first reading. Motion carried, all Councilmen present voting Aye. Mayor Kidd requested approval to leave the state on a E hunting trip. Councilman Humeston, moved, seconded by Councilman Bacon that his request be granted. Notion i carried. Application for Building Inspector were discussed and EMPLOYMENT OF after considering the qualifications of all applicants, GEORGE GAYLORD a Motion by Councilman Humeston, seconded by Councilman AS BUILDING Bacon that George Gaylord be employed on a fee basis, with INSPECTOR ON A FEE BASIS. M RESOLUTION NO. 513 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN GRANTING A VARIANCE ON THE PROPERTY DESCRIBED HEREIN TO ARTHUR 0. PARK. The Planning Commission of the City of Tustin does resolve as follows: Section 1. The Planning Commission of the City of Tustin finds and determines that a proper application for variance was filed by Arthur 0. Park for the purpose of using the guest house at the rear of the property hereinafter described for a public accounting office, said application for variance is incorporated herein by reference as though fully set forth at this place; the Planning Commission of the City of Tustin set a public hearing on the matter on the 10th day of November 1958 at 7:00 P. M. in the Council Chambers, Tustin City Hall, and due notice of said hearing was given as required in Ordinance No. 71 of the City of Tustin, and said hearing was duly held on November 10, 1958 at 7:00 P. M. in the said Council Chambers. Section 2. The Planning Commission of the City of / Tustin further finds and determines that practical difficulties and unnecessary hardships will result from the strict com- pliance with the provisions of Ordinance No. 71, as amended, as it relates to the hereinafter described property unless a variance be granted, and in particular it is found and determined that: (a) There are exceptional circumstances and conditions applicable to the hereinafter described property and the intended use thereof that do not apply generally to the property or class of uses in the same zone. (b) That such variance is necessary for the preservation of a substantial property right of the applicant. (c) That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the zone or district in which the property is located due to the type of use intended by the applicant, and set forth in his application, to which nce is hereby made. Section 3. The variance applied for by Arthur 0. Park concerning the property hereinafter described is Q9 hereby granted on the condition that use be limited strictly as stated in the application for variance, and this variance is not transferable except upon application to, and approval by, the Planning Comm- _ fission of the City of Tustin. Section 4. The property referred to hereinabove is described as follows: Lot 14 of Tract 176, situated in the City of Tustin, County of Orange, State of California. The subject property is commonly known as 510 South •B" Street, Tustin, California. The record owners of said property are: Arthur 0. Park and Vera L. Park. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting thereof held on the 10th day of November 1958. Chairman of the Plannin Comm. Attest: Secretary of the Planning Comm. 40 STATE OF CALIFORNIA ) COUNTY OF ORANGE } SS CITY OF TUSTIN ) A. 0. PARK, City Clerk and Secretary of the City of Tustin, California, does hereby certify that the above and foregoing resolution was regularly introduced to said Planning Commission at a regular meeting hereof held on the 10th day of November 1958, and was at said meeting regularly passed and adopted by the following vote, to wit: AYES: Tadlock, Means, Mrs. Gregory, Clark, Dr. Stanton & Bacon. NOES: None ABSENT: Siegel Dated: November 10, 1958 Secretary of the Planning Comm. ORANGE COUNTY ASSESSOR MULTIPLE RESIDENTIAL € MT APPRAISAL RECC LAND VALUE COMPUTATIONS VkVG (A PROJECT N^, LAND 04R UWT ATTIR#WUTEE lM I YEAR LM'ItT UW!l VA -it YALt1E yyrp TN AUT. 6 A Rfs y�1 Z 6 .. ` T ae"Wssr NLA-tvF AIdT. IKJtA�EAiRY p�yC - _ _Ad8E55YENT e'ibtlr 'L __ ..L.1. -L_.__ VA -ITE -SAC YES Np� OANrp YES NC ArPwaSEa _ - --' — - _ —y ;� V Ross ✓ .Es — w r� — _� - -- WO1iTN DM ..SEAR rO.�-7F R.C,Pt. 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SRIF. lYR0/. t gR0#t 3 W.Agftp 1 v A APP**lS*L OATS Property Detail Report Property Detail Repot for: 520 PACIFIC ST, TUSTIN CA, 92780-4329 Owner Information: DIGITAL REAP Page 1 of 1 Owner Name: FAIRBANKS,BRET S Total Rooms: Mailing Address: 520 PACIFIC ST, TUSTIN, CA, 92780- 4329 Living Area: Vesting Code: Bedrooms Phone Number: Location Information: Garage Area: Legal Description: STAFFORD & TUSTIN TR LOT V S 50 FT OF N 460 FT OF THE W 200 FT County: ORANGE FIPS Code: 06059 Census Trct/Blk: 0755053/3 APN: 40137107 Alternative APN: 40137107 Map Ref: A4-830 Twnshp-Rnge-Sect: - - Legal Book/Page: 401-371 Tract No: Legal Lot: V Legal Block: Yr Built/Effective: Subdivison: STAFFORD & TUSTIN TR Last Market Sale Information: Pool Code: Sale Date: 0110312005 Sale Price: 1st Mtg Amount: $341,900 Sale Doc No: 0000002609 Price Per SgFt: 1 st Mtg Int Type: Transfer Doc No: 0000161105 Price Per Acre: 2nd Mtg Amount: $56,800 Multi/Split Sale: 1St Mtg Doc No: 337621 2nd Mtg Int Type: Sale Type: FULL CONSIDERATION Land Value: Deed Type: Property Tax: $5,046 Title Company: FIRST SOUTHWESTERN TITLE $179,027 Lender: WASHINGTON MUTUAL FSB Seller Name: LOUIS METRO INTER R E PROPERTI Tax Exemption: Property Characteristics: Building Area: 1,749 Total Rooms: Construction: Living Area: 1,749 Bedrooms Heat Type: Garage Area: Baths: Air Cond: Basement Area: Fireplace: Roof Type: Parking Type: No of Stories: Roof Material: Yr Built/Effective: 1928/ Quality: Style: Pool Code: Tax and Value Information: Assessed Value: $453,539 Assessed Year: 2009 Est Market Val: $556,033 Land Value: $274,512 Property Tax: $5,046 Assessor Appd Val: Improvement Value: $179,027 Improvement %: 39.47 Total Taxable Value: $446,539 Tax Exemption: HOMEOWNER Site Information: 1133 Assessor Acres: 0.2296 Zoning: Land Use: Assessor Lot Sq Ft: 10,000 No of Buildings: Land Use D sc: MULTI FAMILY DWELLING Assessor Lot W/D: / Res/Comm Units: 3 County Use C Calculated Acres: 0.2296 Sewer Type: Calculated Lot SgFt: Water Type: Not in Seismic Liquefaction Hazard Not in Seismic Landslide Hazard Not in Fault Zone Hazard In One Mile Industrial Commercial Zone Not in 100yr. FEMA Flood Zone In Dam Inundation Hazard Not in Wildland Fire Hazard Not in Severe Fire Hazard http://maps.digitahnapeentral.com/production/CityGIS/vO7_OZ 003/index.html 8/10/2010 ,bsign Codes 001 - Sinale Family Residence 002 ----Multi Family 999 - Misc. Improvements PUBLIC SERVICE INFORMATION F MULTI FAMILY RESIDENTIAL Requested By Address 540 N� Phone Signature 1 2 3 410 11 12 13 14 APN BLDG# CONST YEAR USE CODE DESIGN TYPE FINISHED BSMTSIZE-1ST SIZE BLDG & 2ND FL BLDG SIZE 3RD FL BLDG SIZE 4TH FL BLDG SIZE 5TH/UP UNIT MIX GARAGE/ CRPRT POOL SIZE YIN LAND SIZE LL o m m z _U Mo" ' 75 11,& wf(1 Boa DK c c r, O ^� �n a zv uthorized B ,l" Check Amount $ Cash Amount $ Mailed Date By '99 QUATTROPRO M.S. .��� a„ � . T �� �� ��,� - �< July 23, 1998 Community Development Department Mr. Nathan Menard 345 West 6th Street Tustin, CA 92780 SUBJECT: 345 WEST 6TH STREET Dear Mr. Menard: City of Tustin 300 Centennial Way Tustin, CA 92780 (714) 573-3100 On July 21, 1998 we received your request for a zoning compliance letter for 345 West 6th Street, Tustin. The subject property is currently zoned Single Family Residential (R-1), which permits single family residences. Second single family dwellings may be considered in the R-1 District on properties with more than 12,000 square feet of lot area, compliance with several other development standards, and the approval of a Conditional Use Permit (TCC Sec. 9233(B)(1)). Our records indicate that the main residence was constructed in 1929. We also have on file various building permits for the duplex on the rear of the property, dating back to 1964. However, there is no record of an approved Conditional Use Permit for the use. As such, the duplex is considered to be a non -conforming use. Pursuant to Tustin City Code Section 9273(C), non -conforming buildings destroyed to the extent of more than 50 percent of its value by a catastrophic event may be restored or used only in compliance with the regulations existing in the district wherein it is located. See attached Code sections. If you have questions or need additional information, please contact me at (714) 573-3118. Sincerely, Bradley JEva c Assistant Panner Attachment: Tustin City Code Sections 9223 and 9273 BE:345West6th.doc MINUTES OF A REGULAR MEETING OF THE TUSTIN CITY COUNCIL, mAHCH 16, 1959• MEMksEtw PRE:sEN`r: Kidd, Tadlock, Humeston, 13acon A 133rrd. CITY ATTORNEY Dennis D. Hayden, present. ciTl ENGINEER : J. L. McBride, present. Mayor Kidd opened the meeting at 7:35 P. M. E IN It was moved by Councilman bacon, seconded by Council- CHANGE N man Byrd that minutes of the last regular meeting SPECIAL and minutes of the Special Meeting of March 9, 1959 MEETING as corrected by the insertion of the words 'it be found" in the first motion of said minutes, be approved as mailed. motion carried. A letter from Mr. Henry s. Campbell was read, stating PRESENTA- : TION NT that he wisneci to present to the people of the City of Tustin an old map of 'Rice's Addi18on.to the City ADDITION of -Tustin," which was made in July, SRESOLUTIONCouncilman Tadlock moved, seconded by Councilman Humeston RESOLUTION 461 tihati HESOLUTION NO. 461, accepting said map, be adopted. motion carried, all Councilmen voting Aye. DISPOSITION A•communication from the County Building Department OF OLD asking that they be advised as to the disposition of PERMITS. old permits-and'job'records prior to the time the City of Tustin set up a building department. MOTION TO On motion of Councilman Bacon, seconded by Councilman Byrd, that the -clerk be authorized to inform the DISPOSE DISPOSCounty Building Department to dispose of these old RECORDS, records as they see fit. Motion carried. RETURN OF city Engineer McBride Certified that Mr. Burt Haff DEPOSIT TO had complete4 in a satisfactory manner, certain drain - BURT HUFF age requirements for his property at 530 west Yirst ON DRAIN- Street and recommended that the deposit of ;500.00 AGE. by Mr. Huff, be returned to him. On motion of Councilman Byrd, seconded by Councilman Tadlock and carried, it was so ordered. ' It was -moved by Councilman Humeston, seconded by WAIVING OF Counailman Tadlock that action taken by the Tustin TRACT MAP FOR H. S. Planning Commission waiving a final Tract Map on a for the Tustin Union High School two lot sub -division District, be approved. Motion carried. Motion of Councilman Byrd, seconded by Councilman BIDS FOR that -City Engineer McBride prepare plans Humeston, IMPROVEMENT and specifications for improving the Eastside of C OF C ST. Street, approzimately 200 feet South from West First Street, and the City Clerk be authorized to accept 41.00 per foot for the construction of the curb and gutter from property owner. Motion carried. i Motion of Councilman Humeston, seconded by Council - DODGERS man Bacon that an invitation by the Los Angeles INVITE Dodgers to Tustin Baseball fans to attend a Dodger December 14, 2010 Planning Commission Board of Appeals From: Bret Fairbanks Subject: Appeal of Notice and Order at 520 Pacific Street Again I would like to thank the commission for all their time and effort they have put into reviewing this appeal. I thought after the last meeting we had resolved the matter for the most part however after receiving the agenda for this evenings meeting I felt like we were heading backwards once again. 1 don't know if there was some miscommunication between the staff and the commission however, the agenda and resolution being presented tonight do not accurately reflect what was said at the last meeting. As of today the meeting minutes of November 91h have not been posted. I have reviewed the video and have translated precisely what was said during the last meeting and it is quite different then what is in tonight's agenda. According to the last meeting at 1:43:20 Mr. Holland says "If the planning commission wished to indicate that they wanted to make a finding that this was a legal nonconforming use, you would be directing us to prepare an appropriate resolution to include findings that you would summarize and incorporating those findings, supporting and granting the appeal on that issue. The second part, if you were to do that, my recommendation would be that you take no further action in regard to building code issues and fire code issues and that you direct staff to do an inspection solely for housing code compliance for ensuring that buildings are meeting minimum health and safety requirements that are provided for housing code." Commissioner Puckett then says "In essence we would be going along with the appeal, Right?" Mr. Holland "Yes, if I understood Mr. Kosak's question to me" Commissioner Kosak, "Yes I think you did." Commissioner Puckett, "But if we do that, if we go along with the appeal, that still does not relieve the fire code hazards and whatever, we still have to look at those." Mr. Holland, "But I would be recommending you look at it in the context of housing code, basic health and safety requirements. In that context." At 1:52:00 Mr. Holland states "As I understand what the motion is, you are directing staff to come back with a resolution, sustaining the appeal, recognizing nonconforming status, and your asking us to include in that resolution that is going to document your action this evening will be pieces of evidence that supports that finding, but you have also asked us to see if there are other things that are out there that we can add to that record. We understand that. If you make that as a motion we can move on, we will have back to you a resolution for your consideration." "He has directed staff to come back with a resolution that has that evidence to support that direction. That is to grant the appeal and to make the finding that this is a nonconforming use." Just before commissioner Puckett makes the motion he states "It is evident the units existed before 1961, I think based on Mr. Gaylords letter and other information, telephone books, whatever, that they were used for rental purposes prior to 1961, the evidence that permits were destroyed, lawfully, the exact dates cannot be proven, I believe certainly that they were prior to 1961 and certainly are nonconforming structures. I'm going along with approving the appeal." "I'll make the motion that Mr. Holland made." Commissioner Kosak asks "Does that include the second part, the health and safety and housing code compliance?" Commissioner Puckett "Yes, whatever Mr. Holland Said." According to the last meeting there was a motion made for staff to put together a resolution, granting the appeal, which would in effect reverse the Notice and Order on all violations. Staff was to gather all evidence that supports the direction of nonconforming structures and add to that list if they could find anymore information to further support the findings. Part of that motion included Mr. Hollands recommendation to take no further action in regard to building code issues and fire code issues and that you direct staff to do an inspection solely for housing code compliance for ensuring that buildings are meeting minimum health and safety requirements that are provided for housing code. During the last 2 weeks I had some correspondence with Mr. Holland through email and he told me that there is still a need to make sure that all buildings and structures on the premises are safe. I want to make sure as well. I am willing and ready to make changes to ensure the safety but I just don't know what to do. He said that I will not be required to bring all construction on the premises up to new code, but will be asked to make such changes and corrections as may be reasonably necessary or appropriate to ensure that the health and safety of the occupants of the buildings are adequately protected and preserved. It was his understanding that staff would be recommending that the planning commission address this issue by having me secure the services of an appropriate professional who can identify appropriate, housing code compliant approaches. I will do that, but that is not what is happening. I am still being cited for building code violations and there are all kinds of things (deed restrictions, conditions of approval) in the zoning resolution other than what the motion asked for. 2 I would like to remind everybody that I am not, nor have I ever asked for a special permit or granting. I just asked the staff to follow the code and recognize the structures as nonconforming just like they have done in the past with the letter I presented earlier. This is not something new. Previous city staff has already given letters stating what I needed. Precedence had already been set. All I needed was a simple one page letter that should have been provided according to the code. Unless there has been a policy change or the legislative intent changed regarding nonconforming structures and uses, according to: Code 9273 (b) Nonconforming Structures and Uses The planning 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 Planning 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 on the zone in which it is located within thirty (30) days after such failure. I have attached my declaration as required by code 9273 giving a detailed description of said use. To help clarify the second unit and the cooking facility issue. The second unit has always and still does have a stove in it. I did not remove the stove I simply replaced it. We were supposed to be moving so we were fixing up the units and during that same time I was talking with Amy and Justina about the CUP process which they said could not have a stove. So I put the stove in the shed while doing repairs and thinking why put it back if I have to take it out later. I simply replaced the stove which has been there since prior to 1961. The staff knew that and knows that, I have told them that. They cited me for having a stove in their code compliance issues. I did not enlarge, extend, reconstruct, or structurally alter anything. According to the nonconforming code, 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 percent of the assessed value. All I did was replace the stove. Why would I remove the stove and take away my rental income and decrease my property value when I am trying to sell my house? It just doesn't make sense. The truth is that it has a stove in it and always has. I have also attached a current picture of the rear unit showing the kitchen as listed when we were selling the house. I have also added the disclosure statement from when we purchased the property which shows that both units had a stove. I understand my obligation as the owner is to demonstrate that the nonconforming uses were in effect in 1961 and to demonstrate that the uses were maintained on the premises, continuously, since 1961. That is what I have done and what I thought the commission clearly stated right before their motion. According to the motion made, the resolution was to include: l) Sustaining the appeal 2) Finding that the structures are nonconforming, and 3) Evidence to support such Endings. No where in the current code or during your motion does it say I have to sign a conditions of approval or a deed restriction for nonconforming structures. We can't confuse the requirements of what a use permit or variance may need with a letter simply recognizing nonconforming structures. They are two different things. I am not applying for a use permit or variance. I am simply asking the city to recognize nonconforming structures. According to the code the only requirement if asked, is to provide a declaration of nonconforming use. Which I have attached. Requirements such as deed restriction and approval of conditions may be necessary for a use permit but all I want is a zoning conformation letter. Is it the policy of the city that if a citizen has a nonconforming structure or use on their property, in order to get a zoning confirmation letter from the city, (simply for lending purposes), one needs: 1) A complete set of plans and engineering calculations prepared by a licensed professional or documentation necessary to demonstrate that the building(s) meet minimum Building Code requirements, as required by the Building Official for the issuance of permits. Which building requirements? What year? Who determines when it was built? 2) Pay for and get recorded a deed restriction on your property 3) To sign an indemnification clause holding the city harmless even though we know that old records and permits were destroyed by the city. This is what the city staff is asking of me. Is this how we are going to handle all historical properties? This is not how the city has done it in theyast and as recently as 1996 and 2006. ( previous property examples on B street and 6 street). They just issued a zoning confirmation letter which is all I need. How can the city do this knowing that old permits and records were destroyed. With all those records could have been variances, permits, etc..., and who is to say what has or has not changed since then. The city has a huge problem on their hands and needs to come up with some helpful/friendly solution rather then forcing home owners like myself to go through all this just to sell their home. Who and why would anybody want to live in Tustin, heaven forbid old town. The citizens of old town should not be scared to call the city or hesitant to apply for the Mills act because the city might find something wrong. Maybe I'm naive to think that we could live in a town where citizens could work with city officials instead of fear them. I want to remind everyone that I am not trying to get away with anything. I bought my home 10 years ago, just like it is today. I tried to keep it up the best I could. My family grew and I needed a bigger house. Anybody here tonight that has a home built prior to 1959 could be in the exact same position as I am. You most likely don't have permits for 11 your home and if you have any additions or guesthouses or possibly zoning variances, I don't know what to tell you. Because permits and records were destroyed, the city can't just say there are no permits on file, sorry. We can't hide the fact that permits were destroyed. There has to be a better solution. There are other cities with old homes and nonconforming structures where permits don't exist and the city has worked with the citizens to preserve the structures and come up with a solution to ensure the safety of the occupants. Just like the commission said at the last meeting we do need a task force or something to help resolve the matter rather than come after the home owner. The truth is that I lost the sale of my home because the staff incorrectly interpreted the nonconforming code. Now, I feel like I am being punished for that. I know the commission and staff have put a lot of time and effort into this and I appreciate it. I feel like I have done so much, I want to and am trying to resolve this issue. I thought the commission had already ruled on the violations and granted the appeal. I understand your concern regarding some of the issues at the property and will hire a professional as Mr. Holland recommended, to come out and make sure I am meeting the minimum health and safety requirements per the housing code. I will make sure the stairs are safe and put in fire separation between the units to make sure things are safe. This is our third planning commission meeting. I am asking the commission to please give me and my family the courtesy of getting this resolved. 5 DECLARATION OF NONCONFROMING STRUCTURES AND USES 1, 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 behind the garage is a nonconforming third residential unit. I declare that I have done nothing to enlarge, extend, reconstruct, or structurally alter any of the nonconforming buildings or structures, as described above, nor have I caused any such work to be done. I acknowledge that such work will adversely affect the nonconforming status of such buildings and structures. I declare, to the best of my knowledge, that the above nonconforming use of the buildings and structures as described above were in effect in 1961 and have been continuously maintained on the property thereafter. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20 (Day) (Month) (Year) State of California County of Orange On , before me, Notary, personally appeared Bret S. Fairbanks and Stephanie A. Fairbanks personally known to me —OR - (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledge that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (Seal) Signature of Notary Public (Bret S. Fairbanks) (Stephanie A. Fairbanks) CAL I F O R N I A +>>! ✓ 1 ASSOC I A r► O N REAL ESTATE TRANSFER DISCLOSURE STATEMENT 111�v OF R EA Lro Its s' (CALIFORNIA CIVIL CODE 1102, ET SEQ.) THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE CITY OF COUNTY OF , STATE OF CALIFORNIA, DESCRIBED THIS STATEMENT IS A DISCLOS R - i%E`6ONDITfO CSF THE ABOVE-DESCRIBED PROPERTY IN COMPLIANCE WITH SECTION 1102 OF THE CIVIL CODE AS OF (date) - IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER(S) OR ANY AGENT(S) REPRESENTIN ' AN PRINCIPAL(S) IN THIS TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN. COORDINATION WITH OTHER DISCLOSURE FORMS This Real Estate Transfer Disclosure Statement is made pursuant to Section 1102 of the Civil Code. Other statutes require disclosures, depending upon the details of the particular real estate transaction (for example: special study zone and purchase -money liens on residential property). Substituted Disclosures:. The following disclosures have or will be made in connection with this real estate transfer, and are intended to satisfy the disclosure obligations on this form, where the subject matter is the same: ❑ Inspection reports completed pursuant to the contract of sale or receipt for deposit. 0 Additional inspection reports or disclosures: 11 SELLER'S INFORMATION The Seller discloses the following information with the knowledge that even though this is not a warranty, prospective Buyers may rely on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any agent(s) representing any principal(s) in this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER(S) AND ARE NOT THE REPRESENTATIONS OF THE AGENT(S), IF ANY. THIS INFORMATION IS A DISCLOSURE AND IS NOT INTENDED TO BE PART OF ANY CONTRACT BETWEEN THE BUYER AND SELLER. Seller ❑ is ❑.js not occupying the property. A. The subject property has the items checked below (read across): ❑ -Range ❑ Oven 17:�Vishwasher �," 4-- ❑ Trash Compactor usher/Dryer Hookups'; ; Byyglar Alarms [�,V. Antenna ,., f Cl,,Central Heating y.� F ❑ Wall/Window Air Conditioning ❑ Septic Tank ❑ Patio/Decking ❑ Sauna ❑ Hot Tub ❑ Locking Safety Cover' ❑ Security Gate(s) Garage: ❑ Attached Pool/Spa Heater: ❑ Gas Water Heater: ❑ Gas Water Supply: ❑ City Gas Supply: ❑ Utility [1. Window Screens ❑ Smoke Detector(s) ❑ Satellite Dish 11 >e4nntral Air Conditioning ❑- Sprinklers K' ❑ Sump Pump ❑ Built-in Barbecue ❑ Pool ❑ Child Resistant Barrier' ❑ Automatic Garage Door Opener(s)' ❑ Not Attached ❑ Solar ❑, Water Heater Anchored, Braced, or Strapped' ❑ Well ❑ Bottled ❑ Window Security Bars ❑ Quick Release Mechanism on Bedroom Windows` (Continued on page 2) ('see footnote on page 2) ❑ Microwave q'PArbage Disposal ,..-I ❑gain Gutters - ❑ Fire Alarm ❑ Intercom ❑ Evaporator Cooler(s) O. Public Sewer System ❑ Water Softener ❑ Gazebo ❑ Spa ❑ Locking Safety Cover' ❑ Number Remote Controls ❑ Earpoort r — ❑ Private Utility or Other Buyer and Seller acknowledge receipt of copy of this page, which constituteg Page 1 of Pages. Buyer's Initials ( ) ( ) Seller's Initials.( ---� -) ) ( ) THIS FORM HAS BEEN APPROVED BY THE CAL / RNIA ASSOCIATI6N'QF REALTORSa (C.A.R.), NO PRE RESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. q REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. c copyright ntrc ctjoforbid unauthorized ortion Ayyrr cmahnorr any ciher easnluding fStates asirr,ur ComputtS. er z fomats.Copyr reproduction990-1999, CALIFORNIA ASor SOCIATION OF RuOA INC. ALL RIGHTS RESERVED. Published and Distributed by: REVISED 499 —OFFICE USE ONLY M REAL ESTATE BUSINESS SERVIf,ES, INC. I Reviewed by Broker 1 a subsidiary o1 the CALIFORNIA ASSOCIATION OF REALTORS® Subject Property Address Date: Exhaust Fan(s) in __ __. 220 Volt Wiring in Fireplace(s) in ❑ Gas Starter _ ❑ Roof(s): Type: r Age: (approx.) ❑ Other: Are there, to the best of your (Seller's) knowledge, any of the above that are not in operating condition? ❑ Yes ❑ No. If yes, then describe. (Attach additional sheets if necessary): B. Are you (Seller) aware of any significant defects/malfunctions in any of the following? F� Yes ❑ No. If yes, check appropriate space(s) below. ❑ Interior Walls ❑ Ceilings ❑ Floors ❑ Exterior Walls ❑ Insulation ❑ Roof(s) ❑ Windows ❑ Doors ❑ Foundation ❑ Slab(s) ❑ Driveways ❑ Sidewalks !E Walls/Fences ❑ Electrical Systems ❑ Plumbing/Sewers/Septics ❑ Other Structural Components (Describe: If any of the above is checked, explain. (Attach additional sheets if necessary): 'This garage door opener or child resistant pool barrier may not be in compliance with the safety standards relating to automatic reversing devices as set forth in Chapter 12.5 (commencing with Section 19890) of Part 3 of Division 13 of, or with the pool safety standards of Article 2.5 (commencing with Section 115920) of Chapter 5 of Part 10 of Division 104 of, the Health and Safety Code. The water heater may not be anchored, braced, or strapped in accordance with Section 19211 of the Health and Safety Code. Window security bars may not have quick release mechanisms in compliance with the 1995 Edition of the California Building Standards Code. C. Are you (Seller) aware of any of the following: 1. Substances, materials, or products which may be an environmental hazard such as, but not limited to, asbestos, formaldehyde, radon gas, lead-based paint, fuel or chemical storage tanks, and contaminated soil or water on the subject property ............................... ❑ Yes 0-- No 2. Features of the property shared in common with adjoining landowners, such as walls, fences, and driveways, whose use or responsibility for maintenance may have an effect on the subject properly. . ................. ............... ❑ Yes ❑_ No 3. Any encroachments, easements or similar matters that may affect your interest in the subject property ........................ ❑ Yes ❑ No 4. Room additions, structural modifications, or other alterations or repairs made without necessary permits ...................... ❑ Yes M No 5. Room additions, structural modifications, or other alterations or repairs not in compliance with building codes .................. ❑ Yes ❑ 'No 6. Fill (compacted or otherwise) on the property or any portion thereof ................................................... ❑ Yes DY No 7. Any settling from any cause, or slippage, sliding, or other soil problems ................................................ ❑ Yes ❑ No B:' Flooding, drainage or grading problems......................................................................... ❑ Yes ❑ No 9 - Major damage to the property or any of the structures from fire, earthquake, floods, or landslides. ........ ......... ❑ Yes ❑- No 10, Any zoning violations, nonconforming uses, violations of "setback" requirements ......................................... ❑ Yes 0 --No 11. Neighborhood noise problems or other nuisances .............................. : :.................................. ❑ Yes 0- No 12. CC&R's or other deed restrictions or obligations.................................................................. ❑ Yes [-'No 13. Homeowners' Association which has any authority over the subject property ............................................ ❑ Yes ❑-No 14. Any "common area" (facilities such as pools, tennis courts, walkways, or other areas co -owned in undivided interestwith others).......................................................... .............................. .❑ Yes ❑, No 15. Any notices of abatement or citations against the property .......................................................... ❑ Yes Er" No 16. Any lawsuits by or against the seller threatening to or affecting this real property, including any lawsuits alleging a defect or deficiency in this real property or "common areas" (facilities such as pools, tennis courts, walkways, or other areas, co -owned in undivided interest with others).............................................................................. ❑ Yes ❑' No If the answer to any of these is yes, explain. (Attach additional sheets if necessary): Seller certifies -that the information herein is true and correct to the best of the Seller's knowledge as of the date signed by the Seller. Seller -'ir ,' t {.`,.---� Date Seller Date Buyer and Seller acknowledge receipt of copy of this page, which constitutes Page 2 of Pages. OFFICE USE ONLY Buyer's Initials ( = ) ( ) Seller's Initials O ( ) REVISED 4/99 Reviewed by Broker r '� or Designee — 1 1112111 PRINT DATE Date rwpoxnwry CAL I FO R NIA ASSOCIA'CIoN REAL ESTATE TRANSFER DISCLOSURE STATEMENT �/ OF R EA LTO RS11 (CALIFORNIA CIVIL CODE 1102, ET SEG.) THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE CITY OF DESCRI ED" § COUNTY OF _ , STATE OF CALIFORNIA, ��1' •� THIS STATEMENT IS A DI5dOSURE E C NO IO O ABO 'DESG'A BE P RTY IN COMPLIANCE WITH SECTION 1102 OF THE CIVIL CODE AS OF (date) . IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER(S) OR ANY AGENT(S) REPRESENTIN AN-V(PRWICIPAL(S) IN THIS TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN. COORDINATION WITH OTHER DISCLOSURE FORMS This Real Estate Transfer Disclosure Statement is made pursuant to Section 1102 of the Civil Code. Other statutes require disclosures, depending upon the details of the particular real estate transaction (for example: special study zone and purchase -money liens on residential property). Substituted Disclosures: The following disclosures have or will be made in connection with this real estate transfer, and are intended to satisfy the disclosure obligations on this form, where the subject matter is the same: 17 Inspection reports completed pursuant to the contract of sale or receipt for deposit. ❑ Additional inspection reports or disclosures: 11 SELLER'S INFORMATION The Seller discloses the following information with the knowledge that even though this is not a warranty, prospective Buyers may rely on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any agent(s) representing any principal(s) in this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER(S) AND ARE NOT THE REPRESENTATIONS OF THE AGENT(S), IF ANY. THIS INFORMATION IS A DISCLOSURE AND IS NOT INTENDED TO BE PART OF ANY CONTRACT BETWEEN THE BUYER AND SELLER. Seller ❑ is ❑j$`not occupying the property. A. The subject property has the items checked below (read across): ❑,Range ❑ Oven ❑ Dishwasher ❑ Trash Compactor ❑ Washer/Dryer Hookups ❑ Burglar Alarms ❑ T.V. Antenna ❑ Central Heating ❑ WaIVWindow Air Conditioning ❑ Septic Tank ❑ Patio/Decking ❑ Sauna ❑ Hot Tub ❑ Locking Safety Cover` ❑ Security Gate(s) Garage: ❑ Attached PooUSpa Heater: ❑ Gas Water Heater: ❑was Water Supply: ❑ City Gas Supply: ❑ Utility ❑ Window Screens ❑ .Smoke Detector(s) ❑ Satellite Dish ❑ Central Air Conditioning ❑ Sprinklers ❑ Sump Pump ❑ Built-in Barbecue ❑ Pool ❑ Child Resistant Barrier* ❑ Automatic Garage Door Opener(s)' ❑ Not Attached ❑ Solar ❑ I Water Heater Anchored, Braced, or Strapped' ❑ Well ❑ Bottled ❑ Window Security Bars ❑ Quick Release Mechanism on Bedroom Windows' (Continued on page 2) ('see footnote on page 2) ❑ Microwave ❑ Garbage Disposal ❑ Rain Gutters ❑ Fire Alarm ❑ Intercom ❑ Evaporator Cooler(s) ❑ Public Sewer System O Water Softener ❑ Gazebo ❑ Spa ❑ Locking Safety Cover' ❑ Number Remote Controls _ ❑ Carport ❑ Electric ❑ Private Utility or Other Buyer and Seller acknowledge r c ipt of copyiof this page, which constitutes Page 1 of Pages. Buyer's Initials Seller's Initials THIS FORM HAS BEEN APPROVED BY THE CALIF ' IA ASSOCIATION`OF REALTORS (C.A.R.). NO n .AF'SENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. REAL ESTATE BROKER IS He PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. The copyright laws of the United States (Title 17 U.S. Code) forbid the unauthorized reproduction of this form, or any portion thareof, b �twtacupy machine or any other means, inciuding facsimile or computerized formats. Copyright © 1990-1999, CALIFORNIA ASSOCIATIO14 OF RE TORS.8), INC. ALL RIGHTS RESERVED. Published and Distributed by: OFFICE USE ONLY REAL ESTATE BUSINESS SERVICES, INC. REVISED 1:/99 N ry I Reviewed by Broker = a subsidia of the CALIFORNIA ASSOCIATION OF REALTORS S9S 'Z „th V1.nd A..e..,,., i A.....,�,... n„ � ....,..... or Desianee r, bject Property Address: Exhaust Fan(s) in 220 Volt Wiring in Fireplace(s) in ❑ Gas Starter A Roof(s): Type: C , v, Age: ❑ Other: Date: S-- 3 —Ll, (approx.) Are there, to the best of your (Seller's) knowledge, any of the above that are not in operating condition? ❑ Yes ❑ No. If yes, then describe. (Attach additional sheets if necessary): B. Are you (Seller) aware of any significant detects/malfunctions in any of the following? ❑ Yes p` No. If yes, check appropriate space(s) below. ❑ Interior Walls ❑ Ceilings ❑ Floors ❑ Exterior Walls ❑ Insulation ❑ Roof(s) ❑ Windows ❑ Doors ❑ Foundation ❑ Slab(s) ❑ Driveways ❑ Sidewalks Fl Walls/Fences ❑ Electrical Systems ❑ Plumbing/Sewers/Septics ❑ Other Structural Components (Describe: It any of the above is checked, explain. (Attach additional sheets if necessary): `This garage door opener or child resistant pool barrier may not be in compliance with the safety standards relating to automatic reversing devices as set forth in Chapter 12.5 (commencing with Section 19890) of Part 3 of Division 13 of, or with the pool safety standards of Article 2.5 (commencing with Section 115920) of Chapter 5 of Part 10 of Division 104 of, the Health and Safety Code. The water heater may not be anchored, braced, or strapped in accordance with Section 19211 of the Health and Safety Code. Window security bars may not have quick release mechanisms in compliance with the 1995 Edition of the California Building Standards Code. C. Are you (Seller) aware of any of the following: 1. Substances, materials, or products which may be an environmental hazard such as, but not limited to, asbestos, formaldehyde, radon paint, fuel or chemical storage tanks, and contaminated gas, lead-based soil or water on the subject property ............................... 2. Features of the property shared in common with adjoining landowners, such as walls, fences, and driveways, ❑ Yes ❑ No whose use or responsibility for maintenance may have an effect on the subject property ................................... 3. Any encroachments, easeme' nts or similar matters that may affect your interest in the subject property....... CA Yes Ll No . ...... 4. Room additions, structural modifications, or other alterations or repairs made without necessary permits ❑ Yes ❑ No .... ................. 5. Room additions, structural modifications, or other alterations or repairs not in compliance with building codes ❑ Yes EJ No ❑ .................. 6. Fill (compacted or otherwise) on the property or any portion thereof .......................................... Yes ❑ No . 7. Any settling from any cause, or slippage, sliding, or other soil problems ................................................ 8. Flooding, drainage or grading problems ❑ Yes 1i No ............................................................... .... ..... 9. Major damage to the property or any of the structures from tire, earthquake, floods, or landslides .❑ Yes ❑ No ....... . 10. Any zoning violations, nonconforming uses, violations of "setback" requirements ............................. I ........... 11. Neighborhood noise problems or other nuisances........................................................ ❑ Yes ❑ No . 12. CC&R's or other deed restrictions or obligations..................................................... ❑ Yes 11No . . 13. Homeowners' Association which has any authority over the subject roe ❑ Yes E] No 14. Any "common area" (facilities such as pools, tennis courts, walkways, or other areas co -owned in undivided El Yes 13 No interest with others). . . .... ....................................................... 15. Any notices of abatement or citations against the roe . . . . . . . 9 property rty ......................... ❑ Yes ❑ No ..............❑ 16. Any lawsuits by or against the seller threatening to or affecting this real property, including any lawsuits alleging a defect or deficiency in this real property or "common Yes ❑ No areas" (facilities such' as pools, tennis courts, walkways, or other areas, co -owned in undivided interest with others) ............. If the answer to any of these is yes, explain. (Attach additional sheets if necessary): F] Yes EJ No Seller certifies that the Information herein is il trye and correct to the best of the Seller's knowledge as of the date signed by the,Seller. Seller Dale Seller i Date Buyer and Seller acknowledge receipt of copy of this page, which constitutes Page 2 of Pages. OFFICE USE ONt_Y � Buyer's Initials (�) ( ) Seller's Initials (_' ='r`� ) ( ) REVISED 4/99 Reviewed by Broker 10 or Designee I Date DATE R Eou�t nousaa R DECOEC 99 OPPONTU1m, CALL FORI A N 'S A s s c� F t AT I A REAL ESTATE TRANSFER DISCLOSURE STATEMENT �i N, (CALIFORNIA CIVIL CODE 1102, ET SED.) V ,rr� OF REAL R S / `I THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE CITY OF COUNTY OF— ,STATE OF CALIFORNIA, DESCRIBE AS - - � - � - \ THIS STATEMENT IS A DISCLOSURE O `T ND N HE dBOV ESCRIBED PROPERTY IN COMPLIANCE WITH SECTION 1102 OF THE CIVIL CODE AS OF (date) . IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER(S) OR ANY AGENT(S) REPRESENTING ANY PRINCIPAL(S) IN THIS TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN. COORDINATION WITH OTHER DISCLOSURE FORMS This Real Estate Transfer Disclosure Statement is made pursuant to Section 1102 of the Civil Code. Other statutes require disclosures, depending upon the details of the particular real estate transaction (for example: special study zone and purchase -money liens on residential property). Substituted Disclosures: The following disclosures have or will be made in connection with this real estate transfer, and are intended to satisfy the disclosure obligations on this form, where the subject matter is the same: FI Inspection reports completed pursuant to the contract of sale or receipt for deposit. C) Additional inspection reports or disclosures: SELLER'S INFORMATION The Seller discloses the following information with the knowledge that even though this is not a warranty, prospective Buyers may rely on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any agent(s) representing any principal(s) in this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER(S) AND ARE NOT THE REPRESENTATIONS OF THE AGENT(S), IF ANY. THIS INFORMATION IS A DISCLOSURE AND IS NOT INTENDED TO BE PART OF ANY CONTRACT BETWEEN THE BUYER AND SELLER. Seiler ❑ is ❑ ' not occupying the property. A. The subject property has the items checked below (read across): ❑,,Range ❑ Dishwasher ❑ Washer/Dryer Hookups ❑ Burglar Alarms ❑ T.V. Antenna ❑ Central Heating ❑ Wall/Window Air Conditioning ❑ Septic Tank ❑ Patio/Decking ❑ Sauna ❑ Hot Tub ❑ Locking Safety Cover' ❑ Security Gate(s) Garage: ❑ Attached Pool/Spa Heater: GG6s Water Heater: ❑ Gas Water Supply: ❑, City Gas Supply: 0Utility ❑ Window Screens CL Oven ❑ Trash Compactor �Yn �' +I n,,SFnoke Detector(s) n Satellite Dish ❑ Central Air Conditioning ❑ Sprinklers ❑ Sump Pump ❑ Built-in Barbecue ❑ Pool ❑ Child Resistant Barrier' ❑ Automatic Garage Door Opener(s)' ❑ Not Attached ❑ Solar ❑ Water Heater Anchored, Braced, or Strapped' ❑ Well ❑ Bottled ❑ Window Security Bars ❑ Quick Release Mechanism on Bedroom Windows' (Continued on page 2) (*see footnote on page 2) zt ❑ Microwave , r?gjge Disposal Gutters ❑ Fire Alarm `,❑ Intercom ❑ Evaporator Cooler(s) ❑ Public Sewer System 0 Water Softener ❑ Gazebo ❑ Spa ❑ Locking Safety Cover' ❑ Number Remote Controls ❑ Carport ❑ Electric ❑ Private Utility or Other Buyer and Seller acknowledge receipt of copy of this page, which constitutes 'age 1 of Pages. Buyer's Initials ( , ) ( ` `i ) Seller's Initials- THIS FORM HAS BEEN APPROVED BY THE CALIF IAASSOCIATION F REALTORS- (C.A.R.). NQFEPAESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. q REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. The copyright laws of the United States (Title 17 U.S. Code) forbid the unauthorized reproduction of this form, or any portion thereof, by pho!ococy machine or any other means, including facsimile or computerized formats. Copyright v 1990-1999, CALIFORNIA ASSOCIATION OF REALTORSOA INC. ALL RIGHTS RESERVED. Published and Distributed by: REVISED 4/99(� OFFICE USE ONLY REAL ESTATE BUSINESS SERVICES, INC. I Reviewed by Broker a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS® 525 South Viroil Avenue Los Annet.. Catitnmin gonPn i or Designee Ybbject Property Address Exhaust Fan(s) in Gas Starter _ ❑ Other: 220 Volt Wiring in ❑ Roof(s): Type: i Fireplace(s) in ? : Age: Date:_- (approx. ) Are there, to the best of your (Seller's) knowledge, any of the above that are not in operating condition? ❑ Yes [_-�" No. If yes, then describe. (Attach additional sheets if necessary): B. Are you (Seller) aware of any significant defects/malfunctions in any of the following? ❑ Yes D' No. If yes, check appropriate space(s) below. ❑ Interior Walls ❑ Ceilings ❑ Floors ❑ Exterior Wails ❑ Insulation ❑ Roof(s) ❑ Windows ❑ Doors ❑ Foundation ❑ Slab(s) Cl Driveways ❑ Sidewalks ❑ Walls/Fences ❑ Electrical Systems ❑ Plumbing/Sewers/Septics ❑ Other Structural Components (Describe: If any of the above is checked, explain. (Attach additional sheets if necessary): "This garage door opener or child resistant pool barrier may not be in compliance with the safety standards relating to automatic reversing devices as set forth in Chapter 12.5 (commencing with Section 19890) of Part 3 of Division 13 of, or with the pool safety standards of Article 2.5 (commencing with Section 115920) of Chapter 5 of Part 10 of Division 104 of, the Health and Safety Code. The water heater may not be anchored, braced, or strapped in accordance with Section 19211 of the Health and Safety Code. Window security bars may not have quick release mechanisms in compliance with the 1995 Edition of the California Building Standards Code. C. Are you (Seller) aware of any of the following: 1. Substances, materials, or products which may be an environmental hazard such as, but not limited to, asbestos, formaldehyde, radon gas, lead-based paint, fuel or chemical storage tanks, and contaminated soil or water on the subject property ............................... ❑ Yes ❑ No 2. Features of the property shared in common with adjoining landowners, such as walls, fences, and driveways, whose use or responsibility for maintenance may have an effect on the subject property ................................... ❑ Yes i7 No 3. Any encroachments, easements or similar matters that may affect your interest in the subject property. ....................... 11 Yes 1-iNo 4. Room additions, structural modifications, or other alterations or repairs made without necessary permits ...................... ❑ Yes ❑ No 5. Room additions, structural modifications, or other alterations or repairs not in compliance with building codes .................. ❑ Yes ❑ No 6. Fiif (compacted or otherwise) on the property or any portion thereof ................................................... Cl Yes ❑ No 7. Any settling from any cause, or slippage, sliding, or other soil problems .................................. ............. ❑ Yes ❑ No B. Flooding, drainage or grading problems........................................................... ...:........... ❑ Yes ❑ No 9. Major damage to the property or any of the structures from fire, earthquake, floods, or landslides ...... , .....•................. ❑ Yes ❑ No 10. Any zoning violations, nonconforming uses, violations of "setback" requirements ......................................... ❑ Yes ❑ No 11. Neighborhood noise problems or other nuisances................................................................. ❑ Yes ❑ No 12. CC&R's or other deed restrictions or obligations.................................................................. ❑ Yes ❑ No 13. Homeowners' Association which has any authority over the subject property ............................................ ❑ Yes D No 14. Any "common area" (facilities such as pools, tennis courts, walkways, or other areas co -owned in undivided interest with others) ....... ....................................... .................................. ......... ❑ Yes ❑ No 15. Any notices of abatement or citations against the property ....................................... I . I ................ ❑ Yes ❑ No 16. Any lawsuits by or against the seller threatening to or affecting this real property, including any lawsuits alleging a defect or deficiency in this real property or ''common areas" (facilities such as pools, tennis courts, walkways, or other areas, co -owned in undivided interest with others)........................................................... I .................. ❑ Yes ❑ No If the answer to any of these is yes, explain. (Attach additional sheets if necessary): Seller certifies -hat the information herein is true and correct to the best of the Seller's knowledge as of the date signed by the Seller. Seller � /� c`�._. =_ —t Date Seiler Date Buyer and Selle c no led a receipt t of co of this page, which_. constitutes Pae 2 of Pages, OFFICE USE ONLY f, 9 P PY P 9 1 9 9 Buyer's Initials { ) (—� ,V ) Seller's Initials (. r T Reviewed by Broker T_ ) ( ) REVISED 4/99 F or Designee Date EQUAL Nouswa PRINT DATE oProer1.wm P. OFC 99 f eject Property Address Date: AGENT'S INSPECTION DISCLOSURE (To be completed only if the Seller is represented by an agent in this transaction.) THE UNDERSIGNED, BASED ON THE ABOVE INQUIRY OF THE SELLER(S) AS TO THE CONDITION OF THE PROPERTY AND BASED ON A REASONABLY COMPETENT AND DILIGENT VISUAL INSPECTION OF THE ACCESSIBLE AREAS OF THE PROPERTY IN CONJUNCTION WITH THAT INQUIRY, STATES THE FOLLOWING: ❑ Agent notes no items for disclosure. _ G] A ent notes the following items: Agent (Broker Representing Seller),` , ���' By Date (Please Print) (Associate -License or Broker Signature) IV �;j' AGENT'S INSPECTION DISCLOSURE (To be completed only if the agent who has obtained the offer is other than the agent above.) THE UNDERSIGNED, BASED ON A REASONABLY COMPETENT AND DILIGENT VISUAL INSPECTION OF THE ACCESSIBLE AREAS OF THE PROPERTY, STATES THE FOLLOWING: ❑ Agent notes no items for disclosure. ❑ Agent notes the following items: Agent (Broker Obtaining the Offer)By`� Date (Please Print) Associate -License or Broker Signature) V BUYER(S) AND SELLER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND/OR INSPECTIONS OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN BUYER AND SELLER(S) WITH RESPECT TO ANY ADVICE/INSPECTIONS/DEFECTS. UWE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT. Seller Date Buyer),r Date Seller Date iii :l: Buyer : x ; r Date Agent (Broker Representing Seller) ' ; K By-� % I Date (Associate -License or'Bfoker ignature) Agent (Broker Obtaining the Offer) '" BY Date (Associate -License or Broker Signature) SECTION 1102.3 OF THE CIVIL CODE PROVIDES A BUYER WITH THE RIGHT TO RESCIND A PURCHASE CONTRACT FOR AT LEAST THREE DAYS AFTER THE DELIVERY OF THIS DISCLOSURE IF DELIVERY OCCURS AFTER THE SIGNING OF AN OFFER TO PURCHASE. IF YOU WISH TO RESCIND THE CONTRACT, YOU MUST ACT WITHIN THE PRESCRIBED PERIOD. A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE. IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY. This form is available for use by the entire real estate industry. It is not intended to identity the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics. PRINT DATE o -1 — REVISED 4/99 OFFICE USE ONLY Reviewed by Broker or Designee Date 0 aPvort1TY ATTACHMENT 8 CC Report March 1, 2011 Draft CC Resolution No. 11-15 RESOLUTION NO. 11-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, DETERMINING THAT "NONCONFORMING STRUCTURES/USES" AS SET FORTH IN THE TUSTIN CITY CODE MEANS THAT SUCH STRUCTURES/USES WERE: LAWFULLY ERECTED, ESTABLISHED; HAVE BEEN LAWFULLY AND CONTINUOUSLY MAINTAINED WITHOUT SIGNIFICANT ALTERATION; AND, BASED ON SAID DETERMINATION, ORDER THE CESSATION OF THE TWO DWELLING UNITS/GUEST HOUSES AND THE CORRECTION OF CODE VIOLATIONS OF STRUCTURES/USES FOR CONFORMANCE WITH TUSTIN CITY CODE AT 520 PACIFIC STREET (ASSESSOR'S PARCEL NO. 401-371-07) The City Council does hereby resolve as follows: The City Council 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 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 sent a response letter to Mr. Fairbanks clarifying that the property is zoned as Single Family Residential (R-1) wherein a guest house would be permitted subject to the approval of a Conditional Use Permit (CUP); could not contain kitchen or cooking facilities; and, could not be rented. The letter further informed the property owner that no permits or entitlement exist for the guest houses at the subject property; C. On September 10, 2010, City representatives conducted an on-site assessment with the property owners and made visual observations which revealed several modifications/additions and substandard living conditions (Exhibit B); D. That, pursuant to Tustin City Code Section 5503, on September 16, 2010, the City of Tustin recorded 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 Building Code and Zoning Code; E. A third party survey and evaluation provided by Licensed Architect John C. Loomis from Thirtieth Street Architects, Inc. was commissioned by staff to assist in determining when the structures were constructed and established. The report indicated that "The original development of the site in 1928 Resolution No. 11-15 Page 2 included the construction of a single family residence with one living unit and a two-story carriage barn that was apparently used as a garage and agricultural storage. At some time after WWII, the carriage barn was converted into a second living unit, with the addition of the front stair, carport, and middle addition at the rear. Another rear addition was added behind the middle addition during the late 1950s or early 1960s. This very substandard structure was probably originally used as a storage shed or kids playhouse. It was later converted into a third living unit." (Exhibit C) 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 December 14, 2010, the Commission considered the appeal of the Notice and Order at 520 Pacific Street. During the deliberation, an opinion was rendered that, based on provisions in the Ordinance, uses/structures existing prior to the adoption of Ordinance No. 157 (Nov. 6. 1961) could continue to exist regardless of any legal and/or illegal establishment. Based on this interpretation, the Commission determined that there was evidence substantiating that the two units are nonconforming uses/structures and may remain; and also directed compliance with the Building Code. (Res. Nos. 4161 and 4162). H. That on December 23, 2010, Mayor Jerry Amante appealed the Commission's action per TCC Section 9294c regarding the property located at 520 Pacific Street. The general reasons noted in the appeal were as follows: 'I do not concur with the determination of the Planning Commission in Resolution No. 4162 approving existing uses at 520 Pacific Street as nonconforming uses for the reason that it appears to me that the alleged nonconforming uses are not legal uses or permitted buildings and/or structures. The actions taken under Resolution No. 4161 with regard to the Building Code Violations ought, therefore, to be abrogated by virtue of the fact that the uses that are identified in Resolution No. 4162 as "nonconforming" are actually illegal and were not permitted. This view, however, in no way relieves the property owner of his obligation to comply with the various building code violations. There is, in my view, a need for a discussion to clarify that the Tustin City Code ("Code') requires nonconforming buildings, structures, and uses to be legally established at some point and to clarify the legal intent of prior and current definitions of nonconforming buildings, structures and uses and the appropriate application of the code. " That on March 1, 2011, the City Council conducted a public hearing, considered the matter, and made the following findings based on the Resolution No. 11-15 Page 3 evidence provided at the hearing and evidence described in the staff report. The staff report and attachments thereto are herein incorporated by reference as Exhibit D. The City Council hereby finds as follows: 1. The City of Tustin was incorporated on September 19, 1927. The property at 520 Pacific Street is located within the original City boundaries and was built in 1929 and a Notice of Completion and deed restriction were recorded on the property. The deed restriction stated that no structure shall be erected except a dwelling house and garage (Exhibit A). 2. The first published building code, the 1927 edition of the Uniform Building Code, was adopted by the City of Tustin on June 3, 1929. The next building code adopted was the 1940 UBC (adopted July 20, 1942). Neither the 1927 nor the 1940 UBC editions would have allowed a change in use or the character of the occupancy if the building was not conforming to requirements of the code, "buildings in existence at the time of passage of this code may have their existing use or occupancy continued if such use or occupancy was legal at the time of the passage of this code." 3. The 1947 and 1961 the Zoning Code set forth site development standards and limited uses permitted on a Single Family Residential property which was designed exclusively for occupancy by one (1) family. Guest houses could be permitted "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". 4. The 1927 Uniform Building Code (UBC), 1940 UBC, and every Building Code adopted thereafter required lawful establishment of structures and uses. The 1947 Zoning Code (Ord. 47), various provisions of the 1961 Zoning Code (Ord. No. 157), and the current Zoning Code require the lawful establishment of uses and structures. Various provisions of all Zoning Ordinances considered use of land, alterations, modifications, etc. operated and maintained contrary to the Zoning Code to be considered public nuisances. 5. In 2003 an update to the Zoning Code added requirements for a "second residential unit" which differed from a guest unit, permitted kitchen facilities for more permanent tenancy, and could not be rented. However, the second residential unit was only permitted if the property is 12,000 square feet and an additional garage space is provided, both of which were not applicable at 520 Pacific Street. A "guest house" still requires a Conditional Use Permit (CUP). 6. The prior and current zoning code would not allow for apartment/multifamily use in an R-1 zone. This means three (3) families living independently. This is the use that has been Resolution No. 11-15 Page 4 established at 520 Pacific without meeting any of the zoning standards or minimum building standards. 7. Specifically, as to 520 Pacific Street, there is evidence that the owner (between 1938-42) converted the premises so that the area over the garage was used for living quarters and living area was added to the rear (1945-50) for use by family members which was accessory to and used in conjunction with the main house. Sometime during or thereafter, kitchens have been added and units rented. These actions were contrary to the City's Building Codes and Zoning Codes. We also know that additional work has been done by the current property owner (i.e. fire walls removed, gas lines installed, furnaces installed, Romex electrical wiring installed without required permits). 8. The owner indicated that both units on the property existed at the time of the adoption of the Zoning Code and they were used and maintained as dwelling units separate from the main house; and, therefore, should be considered nonconforming structures. As noted above, the uses and structures could not have been lawfully established (per the (deed) Notice of Completion), the adopted Building Codes; no rental units were ever allowed per the Building or Zoning Code; and there is no evidence that any of the foregoing have been continually/legally maintained. However, evidence indicates that there have been multiple additions, alterations, repairs, and construction done to the structures and the occupancy of which has changed from a single family use to what is essentially a multi -family complex, all of which are not in conformance with the Building and Zoning Code requirements. Many of the substandard conditions are in violation of the 1927 UBC and every Building Code and Zoning Code adopted thereafter (Exhibit B). J. That the appeal is exempt from the California Environmental Quality Act (CEQA) in that the appeal is not considered a project under CEQA Guidelines; K. That, the City Council hereby determines that "nonconforming structures/uses" as set forth in the Tustin City Code means that such structures/uses were: lawfully erected, established; have been lawfully and continuously maintained without significant alteration; and, based on said determination, the cessation of the two dwelling units/guest houses and order the correction of code violations of structures/uses for conformance with Tustin City Code at 520 Pacific Street. Resolution No. 11-15 Page 5 PASSED AND ADOPTED by the Tustin City Council, at a regular meeting on the 1St day of March, 2011. JERRY AMANTE MAYOR PAMELA STOKER CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN I, Pamela Stoker, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 11-15 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 1St day of March, 2011, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK EXHIBIT A RESOLUTION NO. 11-15 CC Report March 1, 2011 January 7, 1929, a Notice of Completion and deed restriction r� 1 9 Recorded at request of Grantee Nov -3. 1928 at 30 Yin. past 6 A.L., In gook 216, .,. 61, Official R000rde of Orange County, justice Whitney. County Recorder. Ruby Cameron, Adele Luta COMPARIG ilea Oonliffs ;4 _.. .. o0 o --•- a� .. 35054 CORPORATION A GRANT DMED BAA[ OF ITALY NATIONAL YRDDT AND SAYINOS A3300IATIOR. A national ban"Off sosoelatlOyy In conelderstlon of Tan and no/100 Dollars, to 1% In bend paid, the receipt of %blab to hereby acknowledged, does beroby grant to OIOROI OAYLONiD and ALIO% B. GAYLORD, husband and wife, as joint tonents, with right of survivorship, all that real property situated in the County of Orange. state of California, described all follovet ' That portion of Lot Bwe of the Stafford 6 Tustin ?root. as ebown on a Yap re0erded5n Book 2, page 615 of Miscellaneous Records of Los Angeles Ceonty, California, deacTibed a• beginning at a point on the West line of sold Lot, 410 feat south of the Northwest corner of said Lot; running thence south along the west line of said Lot 9D feet; thence East parallel to the North line of said Lot, 200 feet; thence North parallel to the W00% 1100 of said Lot, 50 feet; thence west parallel to the North line of said Lot, 20C feet to the point of Degtani As an appurtenance to the above described property a right of war for Ingrose sad egress sad for gas and waterplpe lines and for electric light Volvo and wires over the follow- ing described portion of Lot ate of Stafford 5 Tustin Tract, as shown on a In reaorded I. boot 2, page 615 of Miscellaneous Records of Los Angeles County, California, described as beginning at a point on the North line of said Lot OTO, 196.56 feet !feat of the Northsaut corner of said Lot, runeing thence Southerly parallel to the !lest line of said Lot, 666.97 foot to a point on the South line of said Lot, which point to 200,61 feet West of the goulkb- Dart cornerof said Lot-, thence Rost along the South line of said Lot, 60 feet, More or less, to a point on raid South line, which Is 200 feet yaet of the southwest corner of said Lot; thence Northerly along a line parallel to and 200 fest each of the West line of sold Lot. 667.02 feet. to a polo% on the North line of onld Lot; thence Test 60 feet, More or less, to the polot of beginning. This conveyance to Made upon the following expressed oonditlonst let. That no portion of said property shall be et any time leveed to or occupied by a member of any race other than the Coucealan race, Mexicana not permitted. Zoe, That Do struattfre shall be ereott.d upon said property except a dwoliing house for the habltation of human beings and the ordinary outbuildings usually constructed for use I( of 'said property as a dwelling place. 3rd. That no dwelling or struc:urs for use as a dialling shall be erso%ed which ' shall cost lose than $3000.00. ` 4tb. That no dwelling or structure eball be ereetedpn Bald lot, the front part of which In nearer the front lino of said property than twenty feet. All of the foregoing conditions are declared to be covenants running with the land and the eeme are ends for the bensfit of the reaalniag Property La the subdivision of which said property to a part, and in the event of a violation of any of Bald **Tenants or Conditions, then the title to said property shall revert to ibe Grantor. With reservation across said property for water pipe line for lrrlgating adjoining lends. TO MAYI AND TO SOLD to Vas said grantees, as joint tenants with right of survivorship. IN WITMM WNZRIOF, the BANI OF ITALY NATIONAL TRWST Ala $Avila* hereunto caused its corporate name to be signed by its TIO#reslde0t and j&*ljwoo! Officer, therouato duly Autberlsod by resolutloo of lte Dowd of DAreotors, thin ~� i day of October, 1920. BANK 0► ITALY NATIONAL TRUST AND SATID00 wpcO o By 0. L. Octant ►loo -President. And R. D. Fuller Assistant trust offir, State of California )) os. jIA � Oountp of Orange, )) On this 16th day of October, 1926, before m@, R.Z. "is. ' a Rotary Public In and for said Oonaty and State, xesidltl�' therein, duly commissioned and sworn, pereoaally appeared 0. L. Octant, knotm to ss to be the ►los-President, and R. D. Fuller, known to me to be the Assistant trust officer, of trait- oorporatlon described in and that executed the within instrument, and known to as to be the per9004 who executed the within Lastruaent on behalf of the corporation therein named, and acknowledged to ss that such corporation snouted the Oman. I7 W'TNZSB DNZtW, I have hereunto set my bond and afflnd my official goal, the and year in this Certificate ilret above written. ((aEAL)) R. Z; manuN Notary Milo in i. and for @aid cea::ty and State.:' Filed for Record at the request of Orsntse Nov.). 1920 ut 90 Rin. past 6 o'clock A.11':ei and Recorded in Rook 2161 Page $6, of official Raoords, Or `y sage County, Celltoiala. Jnwtine =. Whitney, Recorder. By Ruby Cameron, Deputy. Adele Lasts OOIPARID Ila& Ooalif:e 75055 I OORIOAATION ORANT DIED TITLI OUARANYII AND TRUST OOMPaNF . a o orperatlon orgsalead under the laws of the State of California, and boring Its prieeipal place of business in the 01ty of Lon Angola oounty of Log Angeles, State of osllfornia, to 000010ration of Tea Dollars ($10.00) to it In hard 0a14. the re4sipt of which Is hereby•ooknovledgad. does hereby ORM Tat HAL p9 P. YAM= and IRDNI Una, husband art Wife, as joint tenants, all that real propom situate in thO Q%Mtp of Orsage, $tato of California, and particularly described as SolloWer Lot Twent7-si9bt (26) of Tract No. 747, as pox map recorded in look 22. Page 89 o1 Miscellaneous Napo. Records of Orange 0ounty. California. in the office of Lbs County Recorder of amid 0ann*7. Subject to Oonditione, Reetrlotions. Reservation* and Rights of MAY of* Record. Reeerring an easement Over the rear throe feet of said promisee fo; poles and lines fur the distribution of vleotrlosl energy, and other public utility lines. ' I Subjoot to tsxso for the fiscal year 1926-29. 1 atbjeot to County liens and AsesOsmentg, It any. `4 I Provided, however, that this Oenve7an o In made and accepted upon each of the followl� i oond141ons. which shall apply to and be binding upon the drantees, their heir&, dedsles, ', 4 executors, tdmiaietrators and assigns; yir@tt That said promises *ball not be 6014, conveyed, leased or rented to, or oealpi br =7 person of African, Walloon or Astatio descent. 9640041 That sold0remisee shall be wed for residence purpose@ on%y, ed in t%& *I— much.Purposes &ball be designated ss residence Wrposes, snob purposes shall be 90 I Approved thin 3rd day of July, A.D. 1929. The Premium charged for this Bond Is $10.00 for Its term. K> J. Mark. 1 Judge of the suosrlor Court of the Owmty of , Orange, state Of osliforais. State of asatorala, County of Loomagelew. e� on this Pad r.v 4 July, la the year 040.1bousand nine bmadri Owed twenty -0100, before Owe, S. 8. Redpath, a Votary Public. f and tot Said County, residing tb*rei.., du]y commissioned end swarm, personally appeared , E. L. Cols, known to Owe to be the osrson shoes naw to subscribed to the within sad amexad Instrument, As the AttOrnay in fsot of the Royal Ipdeodty Company, and acknowledged to as that he subscribed the nem* of the Royal Indemnity Cop"Ry thereto a surety and ads own'.sems as Attorney in toot. 11 WIT1E36 EBRMIP, I base hereunto set my head and affixed my official seal, at ay Office. in meld County of 'oa Aimgelew. the day and year last above written. ((SCAL)) S. B. Redpath Votary Public, in and for said Oossty of Los Angeles, state of California. My Commission Eiaires Aug. 20, 1932. State of California. ) se. County of Oreage, ) I do solepnly areas (or affirm) that i will supoort the Coaetitutionpf the 4aitad States, and the Constitution of the State of Oalifornia, end that I will faithfully discharge the duties of 10tary Public in end for the said County according tohbe best ;f 4 ability. B*o B. Patton. Subscribed and sworn to before me, this 3rd day of July, A.D. 1929. ((DOORT SUL)) J. M. Back* County Clerk By A. L. Rltab000k Deputy. Filed Jul 3,1929.J. V. Bnoke, County Clark. By R. Deputy. Recorded at re0ueet of Ron @.Patton, Jul 3, 1929, at 53 Vin, out 10 A.M. in Boot 290, Page 711 Official Records of Orange County. Justine ghitney,oauaty Recorder. Vehor Resmalbalch Deputy. Elsa Ocallfte COMPARID Adele Into -a as -- 20760 Sorrel Cr OONNETION STATE Ir GALIfoRIIA, ' CONTI OF CR&WR. OEOROE GATLORD esd ALICE R. GAYLORD, husband end wife, being first duly awora, dopa.• and rayl that they are aOw, and were upon the 7th day of January, 1929. the owners in fee atmb of that oartala real Drop*rty situated in the Olty of Tustin, County of Orange, state of Caltforcla, and parti era rly described as follows, t0-wttt That cerulea of Lot •Ty Of the 63tafford and Taetls Tracts. as ehowa an a Map raoorded In Book 2, pages 618 and 619 or miscellaneous Record■ of Loa Angeles County, California$ 4-taor. as } ginning at a paint on the Test lip* of Gold Let 430 toot south of *be warthwoet career at rcemise gold Lot.etbence Boetb along the Text line of said Lot 50 feet; thence Etat parallel to.L14 Nor" "as of 0*14 Lot 900 fast. tbonw gortb parallel to the That Lina .f paid Lot p test, thence asst parallel to he gotta 1In* of sold Lot too, feet to the point 0f *Wlunlvg. - 1 ; 1 `+ U THAT as such ownore of 0618 rood, 6tfisats, shout the 7t4 day of J1Awat1,19e1, ' commenced the erection end construction, upon the land above described, of oortain taildi to -situ am.A dweilluaboum and garage. THAT Bald buildings have been duly aonatruated, and the sort were actually oollililq on the 3rd day of July, 1929, and aooeptsd by the undersigned on the was day. TRIO tattoo is given in oureumnue of the -Provlalone of Section UP of the code of Civil Procedure Of this State. George Gaylord i Alice B. Gaylord 3MMIDED AND BNORN to before we thto 3rd day of July,1919. ((BUL)) F. L. Andrews rotary Public In and for acid County and State. I State of Onlifornla, es. county of Orange, j George Gaylord and Alice N. Gaylord, being first duly swam, depose and say, that they ora the Owners of %be property, described to t.me foregoing noticej that they have read tM same mad know the contents thereof, end that the ■awe Is true of their own, knowledge; George Gaylord I Alias S. Gaylord SDBBORIBSD AND SWORW to Woes me thio 3rd der Oi July, 1989. ((SIAL)) P. L. Andrews Notary Public I to and for weld County and State. Recorded at revueet of Owner Jul 3,1929, at 55 Mln.pest 10 A.Y. in Book 290, Pap 312 Official Records of Orange Coon;y. Justine wbttnty, County Recorder. Sonny Besmmlbaloh, �. Deputy. ' 2180 Ooaliffa OOMPAL3D Adele Lots - - 0 0 0 - - - 20781 Santa Ano. Osliforais, July 2. 1929. The Board set in regular session. Present Sueervivor Willard Smith. Chairman, 0. L Ohopnen, John 0. Mitchell, we. eabusaoher, George Jeffrey and the alert. Ion Rot Deed of Right at way. fOn lotion of Buctrtlsor Ohopmen, duly seconded and carried, Deed for Right of way from The Irvine Oowoeny, a Corporation, in the fourth Road District, was olcopted and declared e oublio highway, which said rood is more cartim,larly doeoribsa as follows, to -mitt A strip of lend 012ty (60) feet In width and beltet thirty (30) feet on each side of the following described center 11set •56910aisg at Waglaesrle station 139-34.52 of that certain nubile highway oommonly knows as OOucar Park Road as lald out sad Improved by Orange County in 1921 end 19n, and rum109 thence from sold point of beginning, N. 26 deg. 191 W., 1423.00 toot to the hoglanlag Of a curve tangent havialt a radius of 2000 fret std being cenoave wastorly=-thenoe. Northerly, along said curve through a central angle of 3 dog, W. 136.72 toot to a line tangent; thenar B. 22 deg. 24l w., along amid tangent lis♦, 168.34 feet to on interaction with the•Wttb. 'westerly Lina of Irvinsta Subdivision as abown as a goo thereof recorded in Book 1, Pap q, w1e6e1180ecas Record ops, Records of Orange Oounty, Oallforala. At the intersection Of the 11006 Of this rigbt-of-way with thoa• of County Part Rood, the oornua are to. be old 0e114, the radii as shown on the x9coweaanying gp.• :0i EXHIBIT B RESOLUTION NO. 11-15 CC Report March 1, 2011 Table 1: Code Compliance Issues Revised (March 1,2011) LZI7 Affl. hA. "k;A a) L 7 g 'tof, U to (d D U) y . n-0 m a) O 203 0 4 1a w L O N C O �, U) 4) 'o N a >" z p U O N _C: a) c a) 7 U "a m d a) 4) O a) V N a) E 2 CL ...� L I— C -a 7 w a) U a) 3 m U U Q U L N Q m e OL U U O -p 'p ri 0 CUU) LL L Q m C L C O O O N a) O 3 a .� 6 -p 7— — O 0—V-al Y L ca U 0 O ry U a H c a� Y c U @ o aS O O Q p N O U a U L '� N a) a� o>. M (6 O' C 'O a) m �, m 4) O 3 a) U Lim. U v,Q m C: ma) �a3� C C ) Z a) C N � (6 m U C U O O C: mc -c cE N C- N d .; 'C a) "d m p m a) :3 0O L a)@ U� U a=. 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Loomis from Thirtieth Street Architects, Inc. thirtieth street architects inc. October 20, 2010 Ms. Elizabeth Binsack, Community Development Director City of Tustin 300 Centennial Way Tustin, CA 92780 Re: 520 Pacific Street, Tustin Dear Elizabeth: founding principals john c. loomis, architect james c. wilson, architect principal elwood 1. gulley, architect Pursuant to our letter agreement, we have conducted a cursory review of the photographs of structures provided by staff of the existing structures at 520 Pacific Street. The following is a summary of our findings: Terminology We will refer to the street facing side of the complex as the "front", the two sides as the "left and right' based on looking at the site from the street and the structures built behind the carriage barn as the "middle" and "rear" structures. Zoning Zoning issues are not part of our Scope of Work and are not addressed. Building Sequence It appears that the main front house and two-story or loft type carriage barn may have been originally built on the site in 1928. Both of these structures exhibit the same type of exterior siding and window and door trim. The historical survey indicates that there is evidence that the original front gable of the residence may have originally had a modified hip roof at its roof peak, but was later modified. It appears that the original development probably involved one living unit in the main house. 2821 newport boulevard — newport beach, ca 92663 — 949/673-2643 At some point later in time, it appears that the upper portion of the carriage barn was converted into a second living unit with the addition of the stairway at the left side of the property. The carport and rear one-story middle addition may also have been added at this time or later, subsequent to the original construction of the residence. Both the enclosed entry and one-story addition have vertical siding and no carpenter cuts on the window trim that distinguishes these alterations from the original construction. The deepened fascia detail at the rear elevation of the enclosed entry is a clear indication of a later alteration. The date of these alterations is unknown, but they were likely constructed much later than the original residence, probably during the late 1940's or early 1950's. Later, another rear addition was constructed that may have initially been used as a garden shed or children's playhouse (because of the very low ceiling height). The building has vertical board and batt siding and different detailing than the original structures and a vintage TM Cobb front door. This was probably converted into a third living unit some time in the early 1960's, based on the knotty pine interior. This is a very substandard structure in terms of ceiling height and construction methods. Additional alterations to the middle addition were made later, including a rooftop shed structure with a skylight that is apparently over a shower. There is evidence of fairly recent electrical work based on the yellow Romex that is visible in many of the building cavities. Changes in Use The original development of the site in 1928 included the construction of a single- family residence with one living unit and a two-story carriage barn that was apparently used as a garage and agricultural storage. At some time after WWII, the carriage barn was converted into a second living unit, with the addition of the front stair, carport and middle addition at the rear. Another rear addition was added behind the middle addition during the late 1950's or early 1960's. This very substandard structure was probably originally used as a storage shed or kids playhouse. It was later converted into a third living unit. Historic Significance The original building has been noted in the Tustin Historic Survey as "one of a variety of California Bungalow buildings that contributes to Tustin". Although substantially modified when the second living unit was added, the middle, two story carriage barn structure appears to retain enough of it's original architectural integrity and detailing (horizontal redwood siding, carpenter cuts at window trim, 2821 newport boulevard — newport beach, ca 92663 — 949/673-2643 modified hip roofs, etc.) to also be considered historic as part of the original development of the property. The mid -addition and rear additions were later alterations that are inconsistent with the architecture of the original structure and are, therefore, not considered historically significant. Building Code Issues There appear to be a number of serious building hazards and code violations in the current development. The most significant is the construction of the enclosed stairway to the upper unit that actually encroaches across the side yard property line. This addition is illegal and constitutes as hazard, in our opinion, by blocking access in the side yards for fire fighting, as required by the CBC. This stair addition should be removed and a new stairway/entry constructed elsewhere. The rear living unit structure is very non -conforming to Building Codes and it does not appear to be economically viable to bring this structure up to current codes. Further Study Further research using Sanborn and Building Survey Maps could confirm the construction sequence and provide proof of construction dates. There also could be information relating to the use of these structures at the time of mapping. The cost of retaining an Architectural Historian to research this property would probably be about $1,000. Conclusion We feel that the front house and two-story carriage barn are both historically significant. It is apparent that there was only one living unit on-site in 1929 when the City of Tustin was incorporated. There is strong physical evidence that the second and third living units were added much later, post WWII. Recommendations We would recommend that the illegal stairway be removed and that code violations be corrected at the carriage barn ASAP, if the continued use of this space as a second living unit is allowed by the City of Tustin. We would hope that future improvements could include the reversal of some of the inappropriate alterations to the carriage barn to help restore the architectural integrity of this resource. 2821 newport boulevard — newport beach, ca 92663 — 949/673-2643 We do not recommend the occupancy for habitation of the substandard, rear addition. If you have any questions regarding the above, please do not hesitate to contact me. Very truly yours, John Loomis Principal 2821 newport boulevard — newport beach, ca 92663 — 949/673-2643 EXHIBIT D RESOLUTION NO. 11-15 CC Report March 1, 2011 March 1, 2011, Staff Report to the City Council (Not Attached) ATTACHMENT 9 CC Report March 1, 2011 February 23, 2011, letter from Deborah M. Rosenthal for Sheppard, Mullin, Richter & Hampton LLP (received after completion of staff report) A T T O R N E Y S A T L A W February 23, 2011 VIA E-MAIL AND FACSIMILE Mayor Jerry Amante and City Council of the City of Tustin City of Tustin 300 Centennial Way Tustin, CA 92780 Fax: 714-832-6382 650 Town Center Drive 14th Floor I Costa Mesa, CA 92626-1993 714-513-5100 0*e 1 714-513-5130 fm 1 www.sheppardmullin.com Writers Direct Line: 714-424-2821 drosenthal@sheppardmullin.com Our File Number. 0100-092513 E -Mail: jamante@tustinca.org jnielsen@tustinca.org dgavello@tustinca.org rgomez@tusdnca.org amurray@tustinca.org Re: _Anneal of Resolution No 4161 and Resolution No. 4162/520 Pacific Street — Request for Continuance and Qomsition Honorable Mayor Amante and Council Members: On behalf of Mr. Bret Fairbanks, our client, we appreciate the opportunity to submit his opposition to the above referenced appeal (the "Appeal"). Mr. Fairbanks, a long-time resident of Tustin, currently owns and occupies a single-family residence located at 520 Pacific Street in Old Town Tustin (the "Property"). In addition to Mr. Fairbanks' home constructed in 1929, the Property contains two accessory residences constructed before 1950 and other accessory structures ("collectively, the Residences"). The Residences are the subject of the Appeal from Planning Commission Resolutions 4161 and 4162 that is now before this Council. The Appeal claims that the Residences do not qualify as legal Non -Conforming Uses or Structures under Section 9273(a) of the City's Zoning Code on two theories: (1) the Residences were not "lawful" under the Zoning Code at the time they were built; and (2) the Residences cannot show building permits to demonstrate compliance with the City's Building Code at the time they were built. On the advice of the City Attorney, the Planning Commission found that "lawfulness" at the time of construction is not required to meet the definition of a Non -Conforming Use/Structure under Section 9273(a) of the Zoning Code. The Planning Commission further found that compliance with the City's Building Code is not required to qualify as Non -Conforming Use/Structure under the Zoning Code. Finally, in an unchallenged portion of the decision, the Planning Commission instructed Mr. Fairbanks to correct any health and safety violations on the Property. SHEPPARD MULLIN RICHTER & HAMPTON LLP Honorable Mayor Amante and Council Members February 23, 2011 Page 2 Mr. Fairbanks agrees with the Planning Commission conclusions and has not cross -appealed approval of the Resolutions. In addition to accepting the City Attorney's explanation of Section 9273(x), Mr. Fairbanks believes the evidence shows that the Residences were lawfully constructed under the Zoning Code at the time they were built. Mr. Fairbanks further believes that the Residences meet applicable setback requirements under both the former and current Zoning Code, and that no violation of the applicable Building Code has been demonstrated. Mr. Fairbanks has repeatedly agreed to correct any health and safety violations identified by the City. I. Background Information Pursuant to the City Historical Survey Report, the principal Residence was built in 1928 and completed in 1929.' A Completion Notice issued by the City of Tustin on January 27, 1929 further verifies this completion date. According to a City -authorized report prepared by Thirteenth Street Architects, Inc. ("Thirteenth Street Architects'), the two-story or loft type carriage barn behind the principal structure was probably built on the site in 1928 as well? The date of construction for the rear one-story middle addition is unknown, but was likely roughly between 1945 and 1950.3 Mr. Fairbanks offered testimony from the son of Mr. Gaylord, a former owner, stating his recollection that the middle addition was probably constructed in or about 1947. The Residences are located in the Old Town Tustin Cultural Overlay District, and were in existence prior to 1950, at the latest. The City adopted its first Zoning Ordinance in April 1947. Since the City did not have a Zoning Ordinance when two of the three Residences were constructed during the 1920's, multi -family residential use of the Property was by definition "lawful. The 1940's addition was likely commenced before the effective date of the first Zoning Ordinance in 1947 but, more importantly, there is no evidence that it would have violated that initial Zoning Code. The City does not have a map showing that the Property was not zoned for multi -family use in 1947, and all uses of the Property, including multi -family uses, were lawful before adoption of the Zoning Ordinance. The City adopted its first Building Code in 1927, after which date building permits were required for construction. Under the current City Code Section A104.7 and the 1927 Building Codes Section 202, it is the obligation of the City Building Official to retain copies of all building permits. Nonetheless, the City Council authorized destruction and disposal of all old building permits and job records in 1959. The City acknowledges that it has not Appeal Hearing Agenda Report: Appeal of Notice and Order at 520 Pack Street, Elizabeth Binsack & Y. Henry Huang, dated November 9, 2010, pg. 5 (hereinafter, "Appeal Hearing Report") 2 Thirteenth Street Architects, Inc. Report, dated October 20, 2010, pg. 2 (hereinafter, "Thirteenth Street Architects"). 3 Appeal Hearing Report, pg. 5; She also Thirteenth Street Architects, pg. 2. Y. Of 1MOMf „1%►1,. If)fi Honorable Mayor Amante and Council Members February 23, 2011 Page 3 maintained records of building permits prior to 1959, and therefore cannot demonstrate when any earlier structures were constructed, except through indirect evidence such as the Completion Notice issued for the principal Residence in 1929. These proceedings commenced on September 16, 2010, when the City filed a Notice and Order' on the Property alleging a variety of Building and Zoning Code violations, and declaring the Property a public nuisance. The Notice and Order were apparently issued in response to a request from Mr. Fairbanks that the City verify the Non -Conforming status of the Residences. He also asked the City to agree that, in the event of a fire, earthquake, or other natural disaster, the City would permit the accessory Residences on the Property to be rebuilt. Mr. Fairbanks made these requests in connection with a contract to sell the Property so he could purchase a new home, which was cancelled by the buyer atter the City issued the Notice and Order. Mr. Fairbanks appealed the Notice and Order on September 22, 2010. The Planning Commission held three hearings at which more than fifty residents appeared to support the Fairbanks family. On December 14, 2010, the Planning Commission adopted Resolutions No. 4161 and No. 4162, partially granting the appeal. With respect to the alleged Building Code violations, Resolution No. 4161 ordered Mr. Fairbanks to make any physical improvements to the Residences that were "reasonably determined by a Building Official to be necessary and appropriate to ensure that the health and safety of the occupants for the nonconforming buildings are adequately protected and preserved."' With Mr. Fairbanks' support, the Planning Commission instructed the Building Official to identify those items listed in the staff report dated October 26, 20106 that were required to protect "health and safety." The Planning Commission did not identify any specific Building Code violations. With respect to the alleged Zoning Code violations, Resolution 4162 reversed the Notice and Order and deemed the Residences to be legal Non -Conforming Uses/Structures. Specifically, the Planning Commission found that: (1) the upper unit located above the garage is " Notice and Order/Pre-Citation Notice and Declaration of Public Nuisance, Tustin Community Development Department, dated September 16, 2010 (hereinafter, "Notice and Order"). s Resolution No. 4161: A Resolution of the Board of Appeals of the City of Tustin Modifying the Notice and Order for Building Code Violations at the Property at 520 Pacific Street (Assessor's Parcel No. APN 401-371-07). 6 Appeal Hearing Agenda Report: Appeal of Notice and Order at 520 Pack Street, Elizabeth Binsack & Y. Henry Huang, dated October 26, 2010 (hereinafter, "Appeal Hearing Report, Oct. 26"). SHEPPARD MULLIN RICHTER & HAMPTON LLP Honorable Mayor Amante and Council Members February 23, 2011 Page 4 a legal nonconforming second residential unit; and (2) the unit including two rooms and a bathroom located behind the garage is a legal nonconforming second residential unit' On December 23, 2010, after the close of business, Mayor Amante emailed a letter to Community Development Director Elizabeth Binsack that appealed these Resolutions. Director Binstock forwarded the email to the City Clerk, who did not receive it until December 28, 2010, more than 10 days after the Planning Commission decision. II. The Residences Are Legal Non -Conforming Uses Under Section 9273 Of The Tustin Zoning Code Under the plain language of the Zoning Ordinance, the Residences are legal Non - Conforming Uses. Section 9273(a) states that: "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 ..."a (emphasis added). As explained by the City Attorney, Section 9273(a) legalized all uses and structures in existence when the Zoning Ordinance was adopted on November 6, 1961. There is no dispute that all the Residences were constructed far in advance of 1961. As found by Planning Commission Resolution 4162, therefore, the Residences have been legal Non - Conforming Uses since at least 1961. The Residences' status as legal Non -Conforming Uses allows continued occupancy and use of the two accessory Residences as second residential units in the existing R- 1 Zone. Their status as legal Non -Conforming Structures allows the owners to maintain the setbacks, height, coverage and footprint of the Residences as they existed in 1961, even if they do not conform with the requirements of the current R-1 Zone. No additional permits, including conditional use permits, are required to maintain a legal Non -Conforming Use or Structure. Section 9273 does not contain any requirement that the Residences be "lawfully" constructed or occupied as of 1961 when the Zoning Ordinance was adopted. In re Jerry R. (1994) 29 Cal.App.4th 1432, 1437. If the Ordinance is clear and unambiguous, it cannot be modified by the addition of words or concepts that do not appear on its face. Burden v. Snowden Resolution No. 4162: A Resolution of the Board of Appeals 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). a Ord. 157, Sec. 6.1. SHEPPARD MULLIN RICHTER do HAMPTON LLP Honorable Mayor Amante and Council Members February 23, 2011 Page 5 (1992) 2 CalAth 556, 562; People v. Western Airline, Inc. (1954) 145 Cal.App.3d 597, 638. Although the City Council may interpret unclear provisions, the actual language of the ordinance is of utmost importance and it cannot be interpreted contrary to its terms. Molenda v. Dept. of Motor Vehicles (2009) 172 Cal.App.4th 974, 992. Further, the City is specifically barred from finding a statutory violation on the basis of unstated or "hidden" requirements. When enforcing an ordinance, one cannot create an offense by enlarging a code section, inserting words or giving terms arbitrary meanings. See People v. Baker (1968) 69 Cal.2d 44, 50. Interpreting Section 9273 to include a requirement that the uses have been "lawful," "legal," or "permitted" creates a violation that does not exist under the language of the Ordinance. In other words, Mr. Fairbanks would be deprived of his property on the basis of requirements that were not apparent on the face of the Ordinance. Finally, it is relevant that the City Council specifically removed from the City Code an earlier requirement that non -conforming uses be "lawful." Tustin's 1947 Zoning Ordinance required that non -conforming buildings and structures be "lawful" when the ordinance became effective. The City Council, when it revised the Code in 1961, deliberately and knowingly removed the requirement that non -conforming uses/structures be "lawfully existing" or "lawfully occupied." Under California law, the City Council must be assumed to have intended to delete any "lawfulness" requirement from the City Code, and the Ordinance must be interpreted without such language. See Manhattan Loft, LLC v. Mercury Liquors, Inc. (2009) 173 Cal.AppAth 1040,1056; People v. Coronado (1995) 12 Cal.4th 145, 151;9 Burden, 2 Cal. 4th at 562. The staff recommendation that the Board of Appeals use the definition of "nonconforming" in the American Planning Association A Planner's Dictionary and Curtin's California Land Use and Planning Law is contrary to law, as well as the City Zoning Code.10 People v. Ramirez (2009) 45 Cal.4th 980, 987. Here, the City Code is not open to more than one reasonable meaning, and no additional definition is required. Giving effect to the plain meaning of the actual language in the statute, there is no reason to depend on extrinsic aids to supplement a definition for "nonconforming." Again, the actual words of the current Tustin City Code control its interpretation and enforcement. 9 "We must select the construction that comports most closely with the apparent intent of the Legislature, with a view to promoting rather than defeating the general purpose of the statute, and avoid an interpretation that would lead to absurd consequences." People v. Coronado (1995) 12 CalAth 145,151 10 Appeal Hearing Report, pg. 16. The American Planning Association's A Planner's Dictionary defines a nonconforming structure as "a structure or 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." SHEPPARD MULLIN RICTi9'ER & HAMPTON LLP Honorable Mayor Amante and Council Members February 23, 2011 Page 6 For the foregoing reasons, the only requirement for a legal Non -Conforming Use/Structure under Zoning Ordinance Section 9273(a) is that the subject property have been in existence when it was adopted in 1961. There is no dispute that the Residences were built prior to 1961. Therefore, the Planning Commission correctly determined that the Residences were legal Non -Conforming Uses and the Appeal of Resolution No. 4162 must be denied. There is no evidence the structures in which the residences are locating violate the existing Zoning Code. Under these circumstances, the designation of "nonconforming structure" is inapplicable. However, even if the structures violate the existing Zoning Code, they would be legal nonconforming structures because they were built prior to 1961 These structures are nonconforming uses under the statute. III. The City Has Not Shown That The Residences Were Constructed Without Buildins Permits There is no evidence that the Residences failed to obtain building permits at the time of construction in violation of the Building Code. To show the alleged violation of the Building Code, the City bears the burden of demonstrating that the Residences did not have building permits. However, the City affirmatively destroyed all pre -1959 building permits, thus disabling itself from proving anything about the issuance of building permits, much less that building permits were not issued when the Residences were constructed. The Notice and Violation did not attempt to demonstrate that any of alleged additions, alterations or repairs post-dated 1959, or to pinpoint the date of their addition. Therefore, the City has not shown that the Residences violated the applicable Building Code at the time of construction or that they were built in violation of issued building permits. Because all of the violations alleged in the Notice and Order depended on showing that building permits were not issued, the allegations must be rejected in their entirety. When reviewing zoning and planning issues, the party asserting a violation or noncompliance bears the burden of proving the alleged violation or noncompliance. See e.g. Homebuilders Assn of Tulare/King Counties, Inc. v. City of Lemoore (2010) 112 Ca1.Rptr.3d 7, 15; Huntington Park Redevelopment Agency v. Duncan (1983) 142 Cal.App.3d 17, 25. Specifically, a party asserting alleged illegality of a building permit bears the burden of producing proof in support of that assertion. Sierra Club v. California Coastal Zone Conservation Commission (1976) 58 Cal.App.3d 149, 158. As with non -conformity, only after the City establishes a prima facie case of violation may the burden shift to the property owner to demonstrate compliance." Under California Zoning and Planning Law, therefore, the accusing party must establish the existence of a building permit violation through substantial evidence. City records 11 Appeals Hearing Report, pg. 15. SHEPPARD NULLIN RICHTER & HAMPTON LLP Honorable Mayor Amante and Council Members February 23, 2011 Page 7 indicate that, in 1959, the City Council voted to dispose of and destroy old permits and job records.12 This was done in spite of Section A104.7 of the current Tustin Building Code and Section 202 of the 1927 Tustin Building Code, which requires the Building Inspector to retain building permits for public record." The City therefore has no evidence that the Residences were constructed without permits, because it has no proof of the contents of any permits or even that the City routinely issued permits when the Residences were built. The only evidence before the City is that a Notice of Completion was issued for the primary Residence in 1929 and that at least one of the secondary units was built by the original owner who later served as the City Building Official and was thus presumably aware of Building Code requirements. Mr. Fairbanks offered evidence that the City issued electrical and other permits for the Residences since 1961, without raising any concerns that they were built in violation of the Building Code. The weight of the evidence, therefore, is that the Residences were not constructed in violation of City requirements. It would be contrary to California building law hold that because the City did not keep building permits and thus cannot produce them, the Property must be in violation of any and all Building Codes, or that it was Mr. Fairbanks' burden to produce documents affirmatively destroyed by the City. Similarly improper is staff's effort to argue that the Residences were built without building permits because they allegedly do not comply with the City's 1927 Building Code. In addition to the fact that specific violations have not actually been proven, an inspection more than 80 years after -the -fact is not substantial evidence of original construction without building permits. Finally, even if proven, Building Code non-compliance cannot support violation of the Non -Conforming Structure provisions of the Zoning Code. Section 9273 specifically refers to non -conformity with the provisions of the "chapter" containing the Zoning Code. Under the Tustin City Code, the Building and Zoning Codes are in separate chapters and the requirements of one cannot be substituted for the requirements and, subsequently, violations of the other. Any effort to bootstrap alleged Building Code violations into "illegality" under the Zoning Code therefore fails under the plain language of the Ordinance. For ,the foregoing reasons, there is no substantial evidence supporting the contention that the Residences were constructed without building permits in violation of the Building Code or the Zoning Code. There is no dispute that the City disposed of all pre -1959 permits and thus disabled itself from proving any violation of the Building Code prior to that date. Therefore, the Planning Commission correctly determined that the Residences were not constructed in violation of the Building Code and were legal Non -Conforming Structures. The Appeal of Resolution No. 4161 must be denied. 1 Z Minutes of City Council Meeting, March 16, 1959. 13 Tustin Building Code §202 (1927). SHEPPARD MULLIN RICHTER & HAMPTON LLP Honorable Mayor Amante and Council Members February 23, 2011 Page 8 IV. Although Unnecessary To The Decision, Evidence Showed That The Residences Were "Lawfully" Constructed Until 1947, all uses of the Property were lawful, including multi -family use. The evidence before the City is that at least two of the Residences were constructed before 1947. With respect to the third accessory Residence, the evidence supports a conclusion either that it was commenced before the initial Zoning Ordinance became effective or that it complied with the Zoning Ordinance. There is no evidence that it did not comply with the original Zoning. Therefore, the weight of the evidence is that multi -family use of the Property, as well as the Residences themselves, were "lawful" under the City Code when constructed. The Notice and Order cites the Property for violating three code provisions. 14 First, it alleges a violation of 2007 California Building Code A105.1 as adopted per City Code Section 8100. This section require a permit before a change in occupancy or construction. The City offered no evidence that Mr. Fairbanks failed to obtain a permit for any work on the Residences since enactment of the 2007 Code, except for an assertion that he attempted to install an unpermitted stove in one of the accessory Residences, which was later shown to be untrue. Otherwise, the Notice offered no specific building code provision violated by his actions. Given the pre -1950 construction date of all three Residences, there was no basis to allege a violation of the 2007 Building Code. Second, the Notice and Order alleged that the structures violated Zoning Code Section 9223(b)(2) by failing to obtain a conditional use permit for secondary residential units. Under this section, accessory buildings used as guest rooms, provided no cooking facility is installed or maintained, are subject to conditional use permits. As demonstrated above, the accessory Residences are legal Non -Conforming Uses, and, thus, are not subject to the requirement for conditional use permits or related regulations. Therefore, Code Section 9223(b)(2) is inapplicable, a conditional use permit is not required and no violation is shown. Lastly, the Notice alleges that the Property is in violation of Zoning Code Section 9223(b)(2)(d). This section, requires a five (5) foot minimum setback for accessory buildings used as guest houses. Only conditionally permitted uses are subject this regulation." Once again, the Residences are not conditionally permitted uses; they are legal accessory Non - Conforming Structures. City Code Section 9271(a) defines accessory buildings, structures, or uses as those associated with, and subordinate to, a permitted principal use and that are constructed with, or subsequent to, the construction of the main building on the same building 14 Notice and Order, Exhibit B. 13 Ord. No. !367, Sec. ll, 4-6-10. SHEPPARD MULLIN RICHTER & HAMPTON LLP Honorable Mayor Amante and Council Members February 23, 2011 Page 9 site.16 In this case, the principal or main Residence consists of the home built in 1929, and the secondary units are accessory uses. Zoning Code Section 9271(n)(5) states: "Detached accessory structures may have a zero -foot side and rear yard property line setback if abutting an adjoining structure on a separate lot with a zero -foot setback or if the abutting lot is unimproved. If an adjoining structure on a separate lot is constructed other than with a zero -foot property line setback, a minimum of three (3) feet shall be maintained between the structures. The accessory Residences are constructed within inches of the property line, creating a zero -foot setback.17 The structure on the adjoining lot is more than three (3) feet from the accessory Residences. Therefore, the accessory Residences are in compliance with City Code Section 9271(nX5). Accordingly, the side setback does not violate the existing Zoning Code. For the foregoing reasons, the second residential units are accessory structures, which are not subject to the 2007 Building Code, not required to seek conditional use permits under Zoning Code Sections 9271 and 9273, and allowed to have a zero foot side setback provided that at least three (3) feet is maintained from structures on other lots. Therefore, in addition to the grounds set forth above, the Planning Commission correctly determined that there was no evidence the Residences violate the Zoning or Building Codes. The Appeal of Resolution No. 4161 must be denied. V. Health And Safety Concerns Found On the Property Will Be Remedied In Compliance With Resolution No. 4161 In addition to the technical allegations of non-compliance, questions have been raised throughout of the course of these proceedings about the safety of the occupants in the Residences. Resolution No. 4161 mandated that Mr. Fairbanks comply with the Notice and Order to the extent such corrections are reasonably determined by a Building Official to be necessary or appropriate to ensure that the health and safety of the occupants are adequately protected and preserved. On multiple occasions, Mr. Fairbanks has expressed his sincere interest in maintaining the Property to comply with relevant health and safety requirements." He fully supports the intention of Resolution No. 4161 and is ready and willing to begin bringing the 16 Ord. No. 157, Sec. 5.4; Ord. No. 1367, Sec. II, 4-6-10. 17 Letter to Planning Commission Board of Appeals: Appeal of Notice and Order at 520 Pacific Street, Bret Fairbanks, dated November 9, 2010, pg. 5. 1s Letter to Planning Commission Board of Appeals: Appeal of Notice and Order at 520 Pacific Street, Bret Fairbanks, dated December 14, 2010, pg. 2; Letter to Planning Commission Board of Appeals: Appeal of Notice and Order at 520 Pacific Street, Bret Fairbanks, dated November 9, 2010, pg. 4; Letter to Planning Commission Board of Appeals: Appeal of Notice and Order at 520 Pack Street, Bret Fairbanks, dated October 25, 2010, pg. 7. SHEPPARD MULLIN RICHTER & HAMPTON LLP Honorable Mayor Amante and Council Members February 23, 2011 Page V) Residences into compliance with applicable Health and Safety Codes, once the specific problems are identified by the Building Official. To date, this has not occurred. Questions have also been raised about Mr. Fairbanks' ability to correct Health and Safety violations without triggering the provisions of Code Section 9273(b) that prohibit maintenance, repair, or replacement exceeding fifty (50) percent of the building's assessed valuation. Under Resolution 4161, there has not yet been a determination of the scope of the repairs required for health and safety reasons, which will `be decided by the Building Official in consultation with the property owner. Mr. Fairbanks believes that any health and safety violations can be corrected without exceeding fifty percent of the value of the Residences. However, the remote possibility that full compliance with Resolution 4161 may run afoul of Section 9273(6) is not a grounds for finding that the Residences do not comply with the Zoning and Building Codes. The Appeal of Resolution 4161 must be denied Vl. The Anneal Was Not Properly Filed Under the Zoning Ordinance It is unclear that the Appeal was properly filed in accordance with Zoning Code Section 9294(c). Under the City Code, any Council member may request a de novo hearing of any Planning Commission decision. The request for hearing must be "filed with the City Clerk during normal business hours within ten (10) calendar days of the date of the decision." In this case, the Planning Commission decision was on December 14, 2010, so the Appeal was required to be filed with the City Clerk during normal business hours on or before December 24, 2010. Due to the holiday, the Clerk's office was closed on December 24h. Therefore, to satisfy the mandatory requirements for timely filing, the Appeal should have been filed with the City Clerk before the end of business on December 23, 2010 and accompanied by the mandated fee. In this case, the request for hearing was apparently emailed to Director Binsack after normal business hours on December 23, 2010 and forward by her to the office of the City Clerk later that evening. The Appeal was not filed directly with the Clerk in compliance with the City Code, and it was not filed "during normal business hours" nor "within ten (10) calendar days of the date of the decision." It is unclear whether filing by email is permitted under the City Code, however it is clear that the Appeal was not filed "during normal business hours." It is also unclear that the Appeal was properly filed in accordance with the Building Code. Under the City Code, there is no procedure for appealing Planning Commission decisions when the Commission is sitting as the Board of Appeals. In this case, the Appeal included Resolution 4161, which strictly relates to Building Code violations, and cannot be appealed under Zoning Code Section 9294(c). This sort of bootstrapping is prohibited under California law. A request for hearing by a City Council member should be held to the highest standards of technical compliance, because they are presumed to know the requirements for SHEPPARD MULL1N RXW= & HAMPTON LLP Honorable Mayor Amante and Council Members February 23, 2011 Page 11 compliance with the City Code. The Appeal should therefore be rejected as untimely and not in compliance with Code requirements. VII. The Appellant Should Not Participate In The Appeal The request for hearing asserts that the Planning Commission decisions were incorrect because the Residences were not "legal uses or permitted buildings and/or structures" and that the uses were "actually illegal and were not permitted." It appears that the Councilmember who requested the hearing has already prejudged the issue that is before the City Council in this Appeal. The individual fact -based determination that specific structures were "actually illegal" and "not permitted" is an administrative or quasi-judicial decision. Under California law, administrative and quasi-judicial decision -makers must recuse themselves if there is even the appearance of prejudgment or bias. BreakZone Billiards v. City of Torrance (2000) 81 Ca1.App.4th 1205. In this case, the Appeal makes it clear that the decision -maker has already reached a conclusion on the issue before him. Cohan v. City of Thousand Oaks (1994) Cal.AppAth 547. He should therefore recuse himself from participation in the Appeal. VIII. Conclusion For all of the above reasons, Resolution Nos. 4161 and 4162, as approved by the Planning Commission Board of Appeals on December 14, 2010, were correct determinations, as well as reasonable solutions for issues relating to the Residences and the Property. Resolutions Nos. 4161 and 4162 both demonstrate correct, consistent application of California law and the City Zoning and Building Codes. Resolutions Nos. 4161 and 4162 should be upheld, and the Appeal denied. On behalf of Mr. Fairbanks, we sincerely appreciate your consideration of this letter and our concerns. Very truly yours, Deborah M. Rosenthal, AICP for SHEPPARD, MULLIN, RICHTER & HAMPTON LLP W 02-W EST:3 WAH 14403277941.3 cc: Douglas C. Holland, Esq. Mr. Bret Fairbanks