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HomeMy WebLinkAbout16 AFFIRM NONCONFORMING STATUS AT 520 PACIFIC STREET• A enda Item 16 AGENDA REPORT Reviewed: Finance Director ~' MEETING DATE: MARCH 15, 2011 TO: HONORABLE MAYOR AND COUNCIL MEMBERS VIA: DAVID C. BIGGS, CITY MANAGER FROM: ELIZABETH BINSACK, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: AFFIRM NONCONFORMING STATUS AT 520 PACIFIC STREET SUMMARY: On March 1, 2011, the City Council held a de novo public hearing to consider the appeal by Mayor Amante which appealed the actions of the Planning Commission's December 14, 2010, determination regarding the property located at 520 Pacific Street. The appeal further requested clarification that the Tustin City Code (TCC) require nonconforming buildings, structures, and uses 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. At the hearing, the City Council denied the appeal and determined that structures and uses at 520 Pacific Street to be nonconforming and directed staff to revise the Tustin City Code as it relates to the term "nonconforming" to clarify, provide consistency in prior practice, and reduce ambiguity throughout the Code. Resolution No. 11-18 reflects the City Council action as to 520 Pacific Street. A separate resolution and draft ordinance revising the Tustin City Code as it relates to the term "nonconformance" will be addressed in a separate report. RECOMMENDATION: That the City Council adopt Resolution No.11-18 affirming nonconforming status of certain buildings, structures, and uses at the property at 520 Pacific Street. FISCAL IMPACT: Costs are estimates. To date, the City has incurred expenditures related to five public hearings in an amount exceeding $10,000.00. However, no costs or estimates have been included for staff attendance at informal meetings with the property owner. No application or appeal fees have been paid. City Council Report Uphold Planning Commission Decision - 520 Pacific Street March 15, 2011 Page 2 BACKGROUND On March 1, 2011, the City Council held a de novo public hearing in which, after the public hearing and receiving public testimony, the City Council voted 4-1 to deem the upper unit located above the garage and the unit including two rooms and a bathroom located behind the garage to be nonconforming residential units at 520 Pacific Street based on the following findings: 1. That the uses/structures at 520 Pacific Street did not need to be lawfully/legally established prior to November 6, 1961; and 2. That uses/structures have been given nonconforming status based on the owner providing a statement, under oath, on a form submitted for said purpose, setting forth a detailed description of the nonconforming structures and uses which were continuously maintained without significant alteration. The City Council then directed staff to draft an ordinance to amend the term "nonconforming" as set forth in the Tustin City Code to clarify, provide consistency, and reduce ambiguity throughout the Code and to draft a resolution directing the Planning Commission to consider said code amendment for recommendation to the City Council. Resolution No. 11-18 Should the City Council adopt Resolution No. 11-18 (Attached), the property owner(s) would be responsible for signing a Declaration of Nonconforming Structures and Uses. This statement, required under the Nonconforming Structures and Uses section of the TCC, sets forth a detailed description of nonconforming building(s) or structure(s), or use of the property at 520 Pacific Street upon which nonconforming use existed prior to November 6, 1961. The property owner will also need to comply with Planning Commission Resolution No. 4161 which requires compliance with the Notice and Order to the extent that California Building Code related corrections, as reasonably determined by the Building Official, are necessary or appropriate to ensure that the health and safety of the occupants of the nonconforming buildings are adequately protected and preserved. Pursuant to TCC Section 9273b, in order to maintain the nonconforming status, repairs, alterations, etc., cannot exceed fifty (50) percent of the building's assessed valuation. Approved for Forwarding By: ~~C.l . Elizabeth A. Binsack G Director of Community Development vid C. Biggs City Manager Attachments: Resolution No. 11-18 ATTACHMENT 1 Resolution No. 11-18 RESOLUTION NO. 11-18 A RESOLUTION OF THE CITY COUNCIL 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 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 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 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, 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 (pursuant to TCC 9294) and 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; F. 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 Resolution No. 11-18 Page 2 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, and was the Building Code in effect at the time of original construction. The earliest zoning map on file, from 1947, identifies the property as R-1 single family residential and the current zoning for the property is R-1 Single Family Residential; G. 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."; H. That on March 16, 1959, the City Council directed, by minute order, that the Clerk was authorized to inform the County Building Department to dispose of old permits and job records prior to the time the City of Tustin set up a Building Department; 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 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 however, the term "legal" was omitted from this Zoning Code Section; J. That the Planning Commission held three (3) duly called, and noticed public hearings on October 26, 2010, November 9, 2010, and December 14, 2010, at which interested persons had an opportunity to testify in support of, or in opposition to, the appeal, and 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 Planning Commission, acting in its capacity as the appeal hearing body and as the Board of Appeals, considered the appeal of the Notice and Order filed at 520 Pacific Street and determined that there was evidence substantiating that the upper unit located above the garage and the unit including two rooms and a bathroom located behind the garage are nonconforming uses/structures and may remain; K. That on December 23, 2010, Mayor Amante appealed the actions of the Planning Commissions' December 14, 2010, determination regarding the property located at 520 Pacific Street and requested clarification 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 Resolution No. 11-18 Page 3 current definitions of nonconforming buildings, structures and uses and the appropriate application of the code; L. That on March 1, 2011, the City Council held a noticed public hearing which was de novo at which interested persons had an opportunity to testify in support of, or in opposition to, the appeal; M. That on March 1, 2011, the City Council found: a. That the subject uses/structures at 520 Pacific Street did not need to be lawfully/legally established prior to November 6, 1961; b. Resolution No.4162 of the Planning Commission is confirmed and reinstated in its entirety. Owner has ten (10) business days from the adoption of Council's resolution to complete the owner's obligations identified in the Planning Commission Resolution No.4162. c. The City Council directed staff to draft an ordinance for Council consideration and referral to the Planning Commission to clarify, provide consistency with prior practice, and reduce ambiguity throughout the Code regarding the concept of nonconforming uses and structures. N. That the appeal is exempt from the California Environmental Quality Act (CEQA) under Guidelines for CEQA Section 15301 of the California Code of Regulation Title 14, Chapter 3. II. Therefore, the City Council hereby affirms the nonconforming status of certain buildings, structures, and uses subject to conditions of approval attached hereto in Exhibit A and deems the following to be nonconforming residential units at the property at 520 Pacific Street: A. Upper unit located above the garage B. Unit including two rooms and a bathroom located behind the garage PASSED AND ADOPTED by the Tustin City Council, at a regular meeting on the 15tH day of March, 2011. JERRY AMANTE MAYOR Resolution No. 11-18 Page 4 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. 11-18 was dul~ passed and adopted at a regular meeting of the Tustin City Council, held on the 15"day of March, 2011, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK Exhibit A EXHIBIT A CONDITIONS OF APPROVAL 520 PACIFIC STREET RESOLUTION NO. 11-18 GENERAL (1) 1.1 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with and shall substantially conform with Planning Commission Resolution No. 4161 as specified, or prior to, the issuance of any building, plumbing, electrical, or mechanical permit for the subject property. (***) 1.2 Determination of nonconforming structures and uses is contingent upon the property owner(s) signing and returning to the Community Development Department, within ten (10) days of the City Council determination, the following: a) The property owner(s) 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) b) The nonconforming structures and uses 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 the Zoning Code. c) The nonconforming building(s) or structure(s) 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. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODES (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTIONS