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HomeMy WebLinkAboutCC RES 11-18RESOLUTION 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: I. 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 Resolution 11-18 Page 1 of 5 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 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 Resolution 11-18 Page 2 of 5 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 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 City Council of the City of Tustin, at a regular meeting on the 15t" day of March, 2011. Resolution 11-18 Page 3 of 5 ATTEST: ~~ 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 duly passed and adopted at a regular meeting of the Tustin City Council, held on the 15th day of March, 2011, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Gavello, Gomez, Murray (3) Amante, Nielsen (2) None (~) None (~) Ste'" PAMELA STOKER, City Clerk Resolution 11-18 Page 4 of 5 EXHIBIT A CONDITIONS OF APPROVAL 520 PACIFIC STREET RESOLUTION NO. 11-18 GENERAL (1) 1.1 Unless otherwise specked, 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 Resolution 11-18 Page 5 of 5 RECORDING REQUESTED BY AND WHEN RECORDED, MAIL TO: Community Development Dept. City of Tustin 300 Centennial Way Tustin, CA 92780 Recorded in Official Records, Orange County • Tom Daly, Clerk-Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIU~IINIU~III~IIIIIIIIVIIIIII No FEE 2011000153132 11:50 am 03/24/11 42 411 D01 3 : 0.00 0.00 0.00 0.00 6.00 0.00 0.00 0.00 Recording fees exempt per GCS 6103 Space Above This Line for Recorder's Use DECLARATION OF NONCONFORMING STRUCTURES AND USES I, the undersigned, declare as follows: I am the owner, and responsible party for the property located at 520 Pacific Street, Tustin, California (APN 401-371-07). I hereby furnish to the City of Tustin, a statement under oath, setting forth a detailed description of nonconforming building(s) or structure(s), or use of my property at 520 Pacific Street upon which nonconforming use existed prior to November 6, 1961. Said nonconforming structures and uses are as follows: a. The upper unit located above the garage is a nonconforming second residential unit. b. The unit including two rooms and a bathroom located behind the gazage is a nonconforming second residential unit. I have read, and understand that, Tustin City Code Sec. 9273 Nonconforming Structures and Uses specifies: a) Except as otherwise provided in this Section, uses of land, buildings, or structures existing at the time of the adoption of this Chapter may be continued, although the particular use, or the building or structure does not conform to the regulations specified by this Chapter for the district in which the particular building or structure is located or use is made; provided, however, no nonconforming structure or use of land may be extended to occupy a greater area of land, building or structure than is occupied at the time of the adoption of this Chapter. If any nonconforming use is discontinued or abandoned, any subsequent use of such land or building shall conform to the regulations specified for the district in which such land or building is located. If no structural alterations are made therein, a nonconforming use of a nonconforming building may be changed to another use of the same or more restrictive classification upon the securing of a use permit. If the nonconforming use is replaced by a more restrictive nonconforming use, the occupancy thereafter may not revert to a less restrictive use. If any use is wholly discontinued for any reason except pursuant to a valid order of a court of law for a period of one (1) year, it shall be conclusively presumed that such use has been abandoned within the ~' :~.~;. ~ ~_ ,; meaning of this Chapter, and all future uses shall comply with the regulations of the particular district in which the land or building is located. b) Any building or structure, existing at the date of adoption of this Chapter, which is nonconforming either in use, design, or arrangement, shall not be enlarged extended, reconstructed, or structurally altered, unless such enlargement, extension, reconstruction or alteration is in compliance with the regulations set forth in this Chapter for the district in which such building or structure is located,• provided, however, that any such nonconforming building or structure may be maintained, repaired or portions thereof replaced, so long as such maintenance, repairs or replacements do not exceed fifty (SO) percent of the buildings assessed valuation, as shown on the last equalized assessment roll of the City of Tustin. I declaze that I have done nothing to construct, enlarge, alter, repair, move, demolish, or change the occupancy of any of the nonconforming buildings or structures, in violation of the above referenced City Code. I understand that, as the property owner, I am responsible for building code compliance, and all costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. Any violation of any of the conditions imposed in Resolution No. 4162, I may be subject to issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a) and I may be subject to the imposition of a civil penalty for each violation and each day the violation exists. I agree to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, ftom any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council,. the Planning Commission, or any other decision-making body, including staff, concerning this matter. I HAVE READ AND UNDERSTAND THE ABOVE DECLARATION I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this ~ o~ day of ~(~~` ' _, 20~_. (Day) (Month) (Yeaz) B . ` ~ --z-~~--- Y• / (Bret S. Fairbanks) /-~ ! A ~h~" I ~D r'~ti (Stephadiie A. Fairbanks) { CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORiVIA COUNTY OF nflAn~1~P~ ) On 3"~a`!! before me Fr'rr, ~nl'~- DATE INSERT NAME, TITLE OF OFFICER - E.G.., "JANE DOE, NOTARY PUBLIC personally appeared, ~,~°.+ F~~~b~r.~~ ~~~~ ~Tai%e -~air~,~~~ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/s~they executed the same in lusther/their authorized capacity(ies), and that b~her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJi.1RY under the laws of the State of California that the foregoing paragraph is true and correct. .o~„a.o.o..Q WITNESS my hand and official seal. Y-°-°'°'`y° ER-CA itASE ~ ~ C©MM. ~ 1587514 y g NOTARY PUBLIC - CALIfORNtA ~ DitAI36E COUBT2014 ~ ,~,~ ~ COMM. EXPIRES APRIL 27, (SEAL) NOTARY PUBLIC SIGNATURE OPTIONAL INFORMATION THLS OPTIONAL AIFORMATION SECTION IS NOT REQUIRED BY LAW BUT MAY BE BENEFICIAL T6 PERSONS RELYING ON THIS NOTARIZID DOCUMEt9'P. TTI`L,E OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNERS(S) OTHER THAN NAMED ABOVE SIGNER'S NAME SIGNER'S NAME RIQ-rP THUMBPRINT RIGHT THUMBPRBNT To order supplies, please contact McGlone Insurance Services, Inc. at (91 ~ 484 0804. AGREEMENT TO CONDITIONS IMPOSED t, the undersigned, hereby agree to comply with all conditions imposed by the Community Development Department and/or City Council of the City of Tustin on approval of City Council Resolution No. 11-18 and Planning Commission Resolution No. 4162 as attached to the letter dated March 17, 2011. jp'U ~G ~.a~_ Bret S. Fairbanks, Property Owner - ~-~~ Step ~' iie ai banks, Property Owner CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF ~ `~ n a ~ ) On ~- ~ ~-~ ~ t before me ~~`' ~U ~'°h ~~ DATE INSERT NAME, TTTLE OF OFFICER-E.G._, "JANE DOE, NOTARY PUBLIC perSOnally appeared., ~'Pk TQ~o hn~ Y S ~n.~ ~kP~han i-P ~~~« bi nY ~ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) /are subscribed to the within instrument and acknowledged to me that he/sh~/they executed the same in.hisA;tel=/their authorized capacity(ies), and that by l~i~s/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJiJRY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and off cial seal. ~I~~~/ SEAL NOTARY PUBLIC SIGNATURE NUMBER OF PAGES OPTIONAL INFORMATION THIS OPTIONAL INFORMATION SECTION lS NOT REQTJIRII) BY LAW BUT MAY BE BENI.FICIAL TO PERSONS RELYING ON THIS NOTARIZID DOCUMEN'T'. TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT SIGNERS(S) OTHER THAN NAMED ABOVE SIGNER'S NAME RIGHT TIiUMBPRTNT ~.~~_ _, ~ ,. ~ ~ ax "''~ ERICA RAE ~,} ' ~~E;~,~'-~ COMM. # Z8875~~+ i ~. •~-^ '~`'•#i37ARY PUBLIC - CAI.iF~~k^ii ~ ~~% ` ORANGE COUNT 'y r +~iroK~ COMM. EXPIRES APRIL 27 ~ _~y' ; RTGH'f THUMBPRINT' To order supplies, please contact McGlone Insurance Services, Inc. at (91 t7 484 0804. SIGNER'S NAME