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Home My WebLink AboutPUBLIC INPUTCHANG & COTE, LLP 19138 Walnut Drive, Suite 100 Rowland Heights, CA 91748 Telephone: (626) 854-2112 Fax: (626) 854-2120 TUSTIN CITY COUNCIL MEETING April 5, 2011 Pre -Citation Notice: PACKERS SQUARE SHOPPING CENTER (13102 - 13152 Newport Avenue) Issue Date: March 25, 2011 Parcel Nos: 500-111-03, 04, 10 and 11 Case No: V09-0304 Owners: Robert and Nancy Ko Date of this paper: March 31, 2011 OPPOSITION AND PROTEST TO NOTICE OF VIOLATION/PRE-CITATION NOTICE DATED MARCH 25, 2011 Dear City Council Members and Interested Parties: In response to the Notice of Violation/Pre-Citation Notice from the Community Development Department for the City of Tustin by way of Brad Steen - Code Enforcement Officer, ROBERT AND NANCY KO (KOS) request reconsideration of the Notice of Violation/Pre-Citation Notice for the reasons stated in the following paragraphs: The Notice of Violation/Pre-Citation Notice was issued without any specific information included therein but generally stated that "You are hereby directed to eliminate all cracks and potholes throughout the parking lot by no later than Tuesday, April 26, 2011." Notwithstanding the general nature of this Notice of Violation/Pre-Citation Notice and the fact that no specific reference is made to what the Code Enforcement Officer believes are the code violations at the property, the fact is that prior to the issuance of this Notice of Violation/Pre-Citation Notice the city inspector had finalized all work which had been done t the property regarding code compliance. This work included a slurry coat, re -striping, removing all trip hazards, and completing all necessary ADA upgrades to the site. All of this was done in conformity and with the supervision of code enforcement for the City of Tustin. TUSTIN CITY COUNCIL MEETING Pre -Citation Notice: PACKERS SQUARE SHOPPING CENTER (13102 - 13152 Newport Avenue Page 2 Opposition and Protest to Notice of Violation/Pre-Citation Notice As stated, the City Inspector has approved all work which has been completed including the removal of potholes, cracks, and trip hazards. Now, based upon the Notice of Violation/Pre- Citation Notice issued by Code Enforcement Officer Brad Steen, all of this work would have to be torn up and the Property owners would have to perform completely different work to comply with the requirements of Mr. Steen. This fact was confirmed in a conversation between Mr Steen and Nick Ritch, the Property Manager for the subject location. Clearly, there is a unallowable disconnect in the instructions which are being given to the property owners in performing their code compliance duties. The response from Mr. Steen when these issues were politely raised was simply that he was not concerned with the cost to the property owners or the fact that work had already been completed to meet the requirements of the city inspector - now he had to approve the work. As a result, it is hereby requested that the City Council review this matter to guard the interests of its property owners and community businesses. While it is certainly understood that the city has an interest in code compliance and the upkeep and beatification of the community, it is humbly submitted that the City Council must have a similar duty to guard its citizens against governmental abuse which would lead to the expenditure of hundreds of thousands of dollars to demolish and re -contract parking lot improvements which have already been completed under the supervision, and to the satisfaction, of the City Inspector. After all, at the end of that process, would the property owners then be asked to complete different repairs for some other party who again has different requirements? Copies of pertinent documents showing the compliance which was completed and the approval of the City Inspector are attached hereto. Without citing a legal treatise on the subject, it is certainly the opinion of the property owners and this office that any third -party Judge, Mediator, or Jury would fmd that the competing requirements of the city, should the guidelines now set by Brad Steen in his Notice of Violation/Pre-Citation Notice dated March 25, 2011 be implemented, are arbitrary, capricious, and an abuse of power by the Community Development Department in overruling the City Inspector. TUSTIN CITY COUNCIL MEETING Pre -Citation Notice: PACKERS SQUARE SHOPPING CENTER (13102 - 13152 Newport Avenue Page 3 Opposition and Protest to Notice of Violation/Pre-Citation Notice For all the foregoing reasons, the KOS submit that the approval of the city inspector should be considered completion of code compliance at the subject property parking lot for the time being. The competing requirements of Code Enforcement Officer Brad Steen, issued after completion of the approved improvements per City Inspector requirements, should therefore be overruled. Respectfully, Travis J. Tom Attorney for Opponent ROBERT AND NANCY KO Please address all correspondence in this matter to: Travis J. Tom, Esq. Chang & Cote, LLP 19138 Walnut Dr., Suite 100 Rowland Heights, CA 91748 Tel: (626) 854-2112 Fax: (626) 854-2120 Community Development Department Sent by first class and certified mail March 25, 2011 Robert and Nancy Ko 20107 E. Covina Hills Road Covina, CA 91724-3629 TUSTIN BUILDING OUR FUTURE HONORING OUR PAST SUBJECT: NOTICE OF VIOLATION/PRE-CITATION NOTICE - PACKERS SQUARE SHOPPING CENTER (13102 -13152 NEWPORT AVENUE) PARCEL #'s: 500-111-03, 04, 10 and 11 CASE # V09-0304 Dear Mr. and Mrs. Ko, Since September 18, 2009, City staff has diligently worked with your management company to resolve multiple onsite issues. However, after several Notices of Violation, extensions and the issuance of two administrative citations to date, the parking lot surface still remains in a deteriorated condition. As stated in previous correspondence, the current condition of the parking lot surface violates the following Tustin City Codes: Tustin City Code 9262(c) — General Off -Street Parking Regulations Maintenance: It shall be the duty of the property owner to maintain and repair required parking areas and associated improvements in accordance with this Code and any other conditions imposed at the time of approval. Parking spaces, driveways, maneuvering aisles, paving, light standards, walls, turnaround areas, landscaping and other improvements shall be maintained in a good condition and be free of debris, graffiti, and litter. Tustin City Code 5502(m)(4) - Parking and related surfaces. Parking surfaces and pedestrian walkways shall be maintained in a safe condition such that any concrete, asphalt or other driving or walking surfaces are free of potholes, buckled or cracked surfaces or raised areas. You are hereby directed to eliminate all cracks and potholes throughout the parking lot by no later than Tuesday. April 26 2011. In addition, any necessary restriping of the parking lines in accordance with the parking lot repair shall match the existing striping per permit # 1310-0126. Failure to comply with this notice within the time limit specified above will result in the issuance of an administrative citation pursuant to TCC 1162(a) or further legal action (reference Exhibit A attached hereto for additional information). Any person may appeal any decision of the enforcement officer in accordance with Tustin City Code 9294. 300 Centennial Way, Tustin, CA 92780 P_ (714) 573-3100 F: (714) 573-31 13 wwwtustinca.org Notice of Violation Packers Square March 25, 2011 Page 112 Once the violation has been corrected, please contact me so that I may re -inspect the property and potentially close this code enforcement case. If you need further clarification or assistance with this matter, or if you believe that the violations indicated above may be inaccurate, please contact me at (714) 573-3135. Sincerely Br Steen Code Enforcement Officer Attachment: Exhibit A — Administrative Citation Information Cc: Nick Ritch, Property Manager Community Development Department EXHIBIT A Administrative Citation Process TUSTIN BUILDING OUR FUTURE HONORING OUR PAST In accordance with Tustin City Code (TCC) 1162(d), fines may be assessed by means of an administrative citation as follows: $100.00 for a first violation; $200.00 for a second violation of the same ordinance or permit within one year of the first violation; or $500.00 for a third or any further violation of the same ordinance or permit within one year of the first violation: Building and Safety Code (TCC Sec. 8100 — 8899) violations may be assessed at $100.00 for a first violation; $500.00 for a second violation of the same ordinance or permit within one year of the first violation; or $1,000.00 for a third or any further violation of the same ordinance or permit within one year of the first violation. The City. may also take further legal action including issuing the responsible person(s) a criminal citation and/or abating the violation(s) with the cost of such abatement and/or prosecution assessed against the responsible person(s), the property owner(s), and/or the property as a lien. Should an administrative citation be issued, the responsible person has ten (10) days from the date of the administrative citation to pay the corresponding fine(s). Additionally, the responsible person must take one of the following actions to avoid additional penalties prior to the compliance date specified in the administrative citation: 1) Correct the violation, pay the corresponding fine(s), and contact the City to request a re- inspection, or 2) Pay the corresponding fine(s) and request an extension of time in writing pursuant to TCC 1165(b), which shows a reasonable hardship; or 3) Request a hearing to appeal the administrative Citation pursuant to TCC 1168 within ten (10) days from the date of the administrative citation, together with an advanced deposit of the corresponding fine(s). Request for Hearing fors and other information on Administrative Citations May be obtained on the City's website at www.tustinmorn. 300 Centennial Way, Tustin, CA 92780 • P:(714)573-3100 • F.(714)573-3113 0 www.tustinca.org Community Development Department Sere by first class irnail July 23, %u10 ,-Robert and Nancy Ko 20107 E. Covina Hills Road Covina, CA. 91724-3629 TUSTIN HISTORY BUILDING OUR FUTURE HONORING OUR PAST SUBJECT: PACKERS SQUARE SHOPPING CENTER (13102 —13152 NEWPORT AVE.) PARCEL #'s: 5013-1 `i 1-03, 600-111-04, 500-1.111 -10 and 500-111 -11 CASE # V09-0304 Dear Mr. and Mrs. Ko, As you recall, the deadline to submit a letter to City staff, outlining your timeline to abate the remaining onsite violations was Wednesday July 14, 2010 at 5:30pm. A Notice and Order was subsAguently issued to you on July 15, 2010 for faiiure to respond, along with the issuance of .4,500.00 ad ninistrative citation (#CE000209). However, on Friday.July 16, 2010 at 2:12pm, City staff received your response letter, dated Jule 12; 2010 via email, which vas originally sent on Tuesday July 13, 2010 at 11:37am by Valorie Aguirre. As a result. the Notice and Order and administrative citation # C'E000209 has been voided and this letter lis to inform you that the City hereby accepts the timelines identified in your response letter. Additionally, please be advised that the lattice beam replacement permit(s ) must be finaled within thirty (30) calendar days of permit issuance pursuant to 2007 Californi;:r Building Code A105.5. Failure to comply with the timelines listed in your res'nonse letter; dated July 12. 2010 and/or failing to final the lattice beam replacement permit(s) within the time frame listed above wN result in the issuance of an administrative citation P-nd/or further legal action. Should you havc-; any questions regarding this letter; please contact me at (714) 573-3135. Sen •*,, -e Fnc cement (Df`,-R.- Attachment: 1f ,-P; Attachment: 1) Response letter from Mr. Ko, dated July 12, 2010 Cc. Robert K. Wing Roger Rainwar `v`alori�- Aguin-8 300 Centennial Way, Tustin, CA 92780 0 P: (714) 573-3100 0 F: (714) 573-3113 0 www.tustinca.org PACKER'S SQUARE C/O KO'S PROPERTY MANGEMENT 1151 W. ARROW HIGHWAY AZUSA, CA 91702 PHONE: (626) 969-7277 FAX: (626) 633-1107 July 12, 2010 Dear Mr. Steen, According to your letter dated April 7, 2010 listing the corrections that need to be addressed will be taken care of as follows: 1. Kevin Lee with LCK Contsruction (909) 839-3779 will be pulling the permits and will submit a complete site plan to the building division for all the beams which have already been replaced without a permit and for all that still need to be replaced. Due date no later than 60 days from July 14, 2010. 2. We will get a hold of City Paving which did the re -striping and make the proper corrections to the parking lot. Due date no later than 60 days from July 14, 2010. 3. We have contacted Nakamura Landscaping who takes care of the landscaping for Ruby's Restaurant in an effort to improve the landscaping at our center. We have also contacted Bayside Landscaping to address the situation as well. It is our ultimate goal to not only address the bare landscaping, but to replace the dead vegetation to improve the image of the property. Due date no later than 30 days from July 14, 2010. 4. Michael Zhao, our general contractor will replace all dry rotted and damaged wood trim attached to the east side of the building at 13112 Newport Avenue and paint the new wood to match the existing wood trim according to the specifications as outlined in the site plan from LCK Construction. Due date no later than 60 days from July 14, 2010 All of the above corrections will be addressed and completed for your final inspection. We appreciate your assistance and cooperation in the matter and should you have any questions regarding any of these items, do not hesitate to contact us. Sincerely, Robert Ko Owner ' v'�' Community Development Department — Building Division lo INSPECTION RECORD Schedule inspection one work day in advance. To schedule inspections please Fax 714/573-3129 or Call 714/573-3141 Provide the following information: (1) Permit number, (2) Job address, (3) Type of inspection, (4) Day/date you need the inspection. JOB ADDRESS: t '9 PERMIT NUMBER: ** BUILDING PERMITS ARE SUBJECT TO EXPIRATION IF WORK IS NOT COMMENCED WITHIN 180 DAYS AFTER DATE OF ISSUANCE OR IF WORK IS SUSPENDED FOR 180 DAYS" BUILDING INSPECTIONS INSP DATE UNDERGROUND GAS PIPE UNDERGROUND SOIL PIPE UNDERGROUND ELECTRIC UNDERGROUND WATER BLDG SEWER SETBACKS/CERTS FOOTING/REINFORCEMENTS SLAB WATER SERVICE MASONRY WALL FOOTINGS MASONRY PRE—GROUT FLOOR SHEATHING ROOFING NAILING EXTERIOR SHEAR WALLS INTERIOR SHEAR WALLS ROUGH PLUMBING ROUGH MECHANICAL ROUGH ELECTRICAL ROUGH FRAMING OCFA FIRE SPRINKLER ROUGH/HYDRO INSULATION DRYWALL_ GAS TEST EXTERIOR LATH SCRATCH COAT FT --BAR CEILING WASTE -DIVERSION REPORT TO PUBLIC WORKS SUB LIST GAS METER RELEASE ELECTRIC METER RELEASE OCFA FIRE SPRINKLER FINAL OCFA AUekRM/MONITORING FINAL YES/NO? OCFA PROJECT FINAL PUBLIC V'lORKS FINAL PLANNING FINAL PLUMBING FINAL MECHANICAL FINAL ELECTRICAL FINAL BUILDING FINALS APPROVED POOL & SPA I DAT EXCAVATIONS/SETBACKS MAIN DRAIN REINFORCING STEEL/BONDING UNDERGROUND PLUMBING UNDERGROUND GAS TEST UNDERGROUND ELECTRICAL GUNITE REPORT PRE -DECK PRF_PI ACTFR/FFN(:F BARRIER rT'USTIN Q.J. Azarvand Plan Checker Community Development Department bazarvand@tustinca. oro www.tustinca.org P; (714) 573-3120 F(714) 57 92780 300 CentennialWay,Tustill, HUsro, OrFr mission is to ensure the structures BUILDING OuR FUTURE X71 wbicb you Jive, work, and play, are safe. HONORING OUR PAST Packers Square C/0 Ko's Property Management 12/06/2010 Russell's Construction Unit _ Account __- Packer 6102 Asphalt 'M, MUi'!',D 11,iOusA SFSLI ceisoa ru Paving downpayment _Commen UUU0oo $ 4,000.00 Amount - 4.000.00 Packers Square UUUUU 'l CJQ Kc'7 Property Management 103/1112010 City Service Contracting, Inc. INV#11'896' $ 8,053.00 Prop Unit Account Comment _ Amount _ - Packer 5200 REPAIRS AND MAINTE 8,053.00 §SAHEGtlllf;I), LITHOUsn s5si.i COSOalnc 896 )halt Construction and Maintenance Invoice Number 11 )Lawrence r ;entia, CA 82870-7031 Invoice a • ' • • - i�:TN:fal•R�rZ•U►��•= •13120-13152 •� f/I Newport Tustin, Ca 92780 r y • , Date of completion 1/3/2010 Project Manager John Jensen arms Due upon completion Final Invoice 1.) Power clean entire lot with brooms, blowers and motorized crack cleaner approx. 83,619 sq. ft. 2.) Install approx. 10,000 If of hot rubberized crack fill. 3.) Apply one coat of Guard Top Seal Coat to entire lot approx.. 83,619 sq. ft. 4.) Restripe lot as per original layout including all ADA specifications. Amount Due $9,300.00 Engineering Drawings plus 3 redesigns as per request of City of Tustin E.C.N. Amount Due $1,000.00 City of Tustin permit charge. Amount Due $50.00 Updated drawing Amount Due $103.00 Price reduced by ($-2,400.00) for same work day. Total 1$8,053.00 Customer Copy Thank you for choosing CITY SERVICE CONTRACTING, INC. Packers Square OC.►0833 C/0 Ko's Property Management 09/23/2010 Sandoval Construction PermitFees $ 477.00 Prop Unit Account Comment Amount Packer 5115 License & Permits Permit B10-0126 477.00 SANDOVAL COUNS'FUCTION Invoice 7851 LIBERTY AVE, HUNTINGTON BEACH CAL. Date Invoice # HUNTINGTON BEACH, CA 92647 9/-22/-2010 16 Ship To P.O. Number Terms Rep Ship Via F.O.B. Project 922/2010 Quaniity Item Code Description Price Each Amount TENANT IMPROVEMZNTS' Building Cost PULL A PERMIT FOk WOOD BEAMS AND FECHA BOARD 377.00 377.00 Duilding Cost ADDITIONAL COST I00.00 100.00 ---rTotal $477.00 Packers SgLiaie C7mF c6 Property Management 011;1 /1)011 Russells (,onstruckn Prop unit, Pac!<er ;;:rrr.nnt 6102 Asphalt Paving - 50% completed 50% complete Comment Amount /.000.00 2 CONSTRUCT BACK NEW ASPHALT PAVEMENT TO MATCH THE REMOVED AREAS AND FINISH TO EXISTING GRADES. 3 APPLY VERIDICAL TACK COAT TO ALL EDGES OF REMOVES PAVEMENT FOR NEW ASPHALT PAVEMENT REPAIR. 4 REPLACE EXISTING PAVEMENT MARKING AND OR PARKING LINES IF REQUIRED AFTER ALL REPAIRS 5 CLEAN OUT UP TO 300 L.F. OF OPEN CRACKS IN EXISTING PAVEMENT AND REPAIR WITH STANDARD HOT CRACK FILLER. 6 PROVIDE TRAFFIC CONTROL AND BARRICADES AS REQUIRED 1 RESTRIPE 8'-0" WIDE VAN ACCESSIBLE AREA PER TITLE 24 2 INSTALL TRUNCATED DOMES AT EISTING ACCESSIBLE RAP 3 RESTRIPE 5'-0" WIDE ACCESSIBLE AREA PER TITLE 24 4 INSTALL NEW ACCESSIBLE PARKING STALL SIGANGE AT VEHICLE ENTRANCE 5 INSTALL NEW ACCESSIBLE PARKING STALL SIGNAGE 6 PAINT NEW ACCESSIBLE PARKING SYMBOL ON ASPHALT 7 PAINT,NEW T-0" WIDE ACCESSIBLE PATH STRIPING PER TITLE 24 8 INSTALL NEW VAN ACCESSIBLE PARKING STALL SIGNAGE 9 LAY OUT AND PAINT ALL PARKING STALLS (213) A BLACK OUT EXISTING PARKING STALLS TO ALLOW FOR NEW 9'-0" WIDE SINGLE LINES AS PER NEW LAYOUT REQUIRMENTS ON SHEET A-1.0 LR/A DATED 9/29/2010 B CLEAN EXISTING PAVEMENT TO MAKE WAY FOR PAVEMENT SEAL COAT APPLY ONE (1) HEAVY PAVEMENT SLURRY COAT TO 86,0300 S.F. OVER EX. PAVEMENT C TRAFFIC CONTROLL TOTAL COST $18,000.00 PAID TO DATE FOR MOBILIZATION -$4,000.00 BALANCE DUE $14,000.00 THIS BILLING 50010 COMPLETED $7,000.00 BALANCE DUE AFTER COMPLETION $7,000.00 USSEL S CONSTRUCTION CO., INC. ; 2284 N. Glassell St. Suite "G" - Orange CA. 92865-2743-(714) 282-3796- FAX (714) 282 Tom Stran 714-981-5568 Cell Office State Lic #576578 TO: KO'S PROPERTY 626-422-2366 1151 WEST ARROW HIGHWAY 626-633-1107 FAX PROJECT. AZUSA, CA 91702 NEWPORT PLAZA 13102 NEWPORT ATTN: NICK BITCH TUSTIN, CA INVOICE 12/15/2010 SCOPE OF WORK: 1 GRIND CUT AND HAUL OFF SITE UP TO 2,100 S.F. OF 1" TO 1 1/2' OF EXISTING DAMAGED ASPHALT PAVEMENT (SEE DRAWING) FOR LOCATIONS OF REPAIR 2 CONSTRUCT BACK NEW ASPHALT PAVEMENT TO MATCH THE REMOVED AREAS AND FINISH TO EXISTING GRADES. 3 APPLY VERIDICAL TACK COAT TO ALL EDGES OF REMOVES PAVEMENT FOR NEW ASPHALT PAVEMENT REPAIR. 4 REPLACE EXISTING PAVEMENT_ MARKING AND OR PARKING LINES IF REQUIRED AFTER ALL REPAIRS 5 CLEAN OUT UP TO 300 L.F. OF OPEN CRACKS IN EXISTING PAVEMENT AND REPAIR WITH STANDARD HOT CRACK FILLER. 6 PROVIDE TRAFFIC CONTROL AND BARRICADES AS REQUIRED 1 RESTRIPE 8'-0" WIDE VAN ACCESSIBLE AREA PER TITLE 24 2 INSTALL TRUNCATED DOMES AT EISTING ACCESSIBLE RAP 3 RESTf2IPE 5'-0'' WIDE ACCESSIBLE AREA PER TITLE 24 4 INSTALL NEW ACCESSIBLE PARKING STALL SIGANGE AT VEHICLE ENTRANCE 5 INSTALL NEW ACCESSIBLE PARKING STALL SIGNAGE 6 PAINT NEW ACCESSIBLE PARKING SYMBOL ON ASPHALT 7 PAINT NEW T-0" WIDE ACCESSIBLE PATH STRIPING PER TITLE 24 8 INSTALL NEW VAN ACCESSIBLE PARKING STALL SIGNAGE 9 LAY OUT AND PAINT ALL PARKING STALLS (213) A BLACK OUT EXISTING PARKING STALLS TO ALLOW FOR NEW 9'-0" WIDE SINGLE LINES AS PER NEW LAYOUT REQUIRMENTS ON SHEET A-1.0 LR/A DATED 9/29/2010 B CLEAN EXISTING PAVEMENT TO MAKE WAY FOR PAVEMENT SEAL COAT APPLY ONE (1) HEAVY PAVEMENT SLURRY COAT TO 86,0300 S.F. OVER EX. PAVEMENT C TRAFFIC CONTROLL TOTAL COST $18,,000.00 PAID TO DATE FOR MOBILIZATION -$4,000,00 BALANCE DUE $1.4,000.00 THIS BILLING 50010 COMPLETED $7,000.00 BALANCE DUE AFTER COMPLETION $7,000.00 Packers Square OC,I0930 C/O KOREProperty 02/24/2011 Russells Construction Completion of project $ 7,000.00 =rry Unit Account Comment Amount Packer 6102 Asphalt 7,000.00 I:� S f1GUl1itti ,i lHq USA Srsi i IGIOsnrt �btt UwaWING) FOR LOCATIONS OF -;EPAIR . -- .— .. "" . 2 CONSTRUCT BACK NEW ASPHALT PAV=MENT TO MATCH THE REMOVED AREAS AND FINISH TO EXISTING GRADES. 3 APPLY VERIDICAL TACK COAT TO ALL =DGES OF REMOVES PAVEMENT FOR NEW ASPHALT PAVEMENT REPAIR. 4 REPLACE EXISTING PAVEMENT MARK VG AND OR PARKING LINES IF REQUIRED AFTER ALL REPAIRS 5 CLEAN OUT UP TO 300 L.F. OF OPEN CRACKS IN EXISTING PAVEMENT AND REPAIR WITH STANDARD HOT CRACK FILLER. 6 PROVIDE TRAFFIC CONTROL AND BARRICADES AS REQUIRED 1 RESTRIPE 8'-0" WIDE VAN ACCESSIBLE AREA PER TITLE 24 2 INSTALL TRUNCATED DOMES AT EISTING ACCESSIBLE RAP 3 RESTRIPE 5'-0" WIDE ACCESSIBLE AREA PER TITLE 24 4 INSTALL NEW ACCESSIBLE PARKING `?TALL SIGANGE AT VEHICLE ENTRANCE 5 INSTALL NEW ACCESSIBLE PARKING STALL SIGNAGE 6 PAINT NEW ACCESSIBLE PARKING SYMBOL ON ASPHALT 7 PAINT NEW T-0" WIDE ACCESSIBLE PATH STRIPING PER TITLE 24 8 INSTALL NEW VAN ACCESSIBLE PARKING STALL SIGNAGE 9 LAY OUT AND PAINT ALL PARKING STALLS (213) A BLACK OUT EXISTING PARKING STALLS TO ALLOW FOR NEW 9'-0" WIDE SINGLE LINES AS PER NEW LAYOUT REQUIRMENTS ON SHEET A-1.0 LR/A DATED 9/29/2010 B CLEAN EXISTING PAVEMENT TO MAKE WAY FOR PAVEMENT SEAL COAT APPLY ONE (1) HEAVY PAVEMENT SLUKRY COAT TO 86,0300 S.F. OVER EX. PAVEMENT C TRAFFIC CONTROLL TOTAL COST $18,(:100.00 PAID TO DATE FOR MOBILIZATION' -$4,000,00 BALANCE DUE 7 $).x,000.00 THIS BILLING100 % COMPLETED $1.4,0+00.00 .7 PUSSELL'SCONSTRUCTION CO., INC. 2284 N. Glassell St. Suite "G" - Orange CA. 92865-2743-(714) 282-3796- FAX (714),282 - Tom Stran 714-981-5568 Cull Office State Lic #576578 TO: KO'S PROPERTY 626-422-2366 1151 WEST ARROW HIGHWAY 626-633-1107 FAX PROJECT. AZUSA, CA 91702 NEWPORT PLAZA 13102 NEWPORT ATTN: NICK BITCH TUSTIN, CA INVOICE 2/24/2011 SCOPE OF WORK: 1 GRIND CUT AND HAUL OFF SITE UP TO 2,100 S.F. OF 1" TO 1 1/2' OF EXISTING DAMAGED ASPHALT PAVEMENT (SEE DRAWING) FOR LOCATIONS OF ',EPAIR 2 CONSTRUCT BACK NEW ASPHALT PAV'=MENT TO MATCH THE REMOVED AREAS AND FINISH TO EXISTING GRADES. 3 APPLY VERIDICAL TACK COAT TO ALL EDGES OF REMOVES PAVEMENT FOR NEW ASPHALT PAVEMENT REPAIR. 4 REPLACE EXISTING PAVEMENT MARK'- VG AND OR PARKING LINES IF REQUIRED AFTER ALL REPAIRS 5 CLEAN OUT UP TO 300 L.F. OF OPEN CRACKS IN EXISTING PAVEMENT AND REPAIR WITH STANDARD HOT CRACK FILLER. 6 PROVIDE TRAFFIC CONTROL AND BARRICADES AS REQUIRED 1 RESTRIPE 8'-0" WIDE VAN ACCESSIBLE AREA PER TITLE 24 2 INSTALL TRUNCATED DOMES AT EISTING ACCESSIBLE RAP 3 RESTRIPE 5'-0" WIDE ACCESSIBLE AREA PER TITLE 24 4 INSTALL NEW ACCESSIBLE PARKING `_;TALL SIGANGE AT VEHICLE ENTRANCE 5 INSTALL NEW ACCESSIBLE PARKING STALL SIGNAGE 6 PAINT,NEW ACCESSIBLE PARKING SYMBOL ON ASPHALT 7 PAINT NEW T-0" WIDE ACCESSIBLE PATH STRIPING PER TITLE 24 8 INSTALL NEW VAN ACCESSIBLE PARKING STALL SIGNAGE 9 LAY OUT AND PAINT ALL PARKING STALLS (213) A BLACK OUT EXISTING PARKING STALLS TO ALLOW FOR NEW T-0" WIDE SINGLE LINES AS PER NEW LAYOUT REQUIRMENTS ON SHEET A-1.0 LR/A DATED 9/29/2010 B CLEAN EXISTING PAVEMENT TO MAKE WAY FOR PAVEMENT SEAL COAT APPLY ONE (1) HEAVY PAVEMENT SLUKRY COAT TO 86,0300 S.F. OVER EX. PAVEMENT C TRAFFIC CONTROLL TOTAL COST $18,000.00 PAID TO DATE FOR MOBILIZATIOIV -$4,000.00 BALANCE DUE $14,000.00 THIS BILLING 100 % COMPLETED 7/ $14,000.00 ,7 Community Development Department :Sent by first class and certified mail ,January 15, 2010 I<o's Anaheim Professional, Inc. Robert and Nancy Ko Attn: Gilda Granell, Property Manager 20107 E. Covina Hills Road 1801 W. Romneya Drive # 401 Covina, CA 91724-3629 Anaheim, CA 92801 f=ax# (7,14) 486-1462 TuSTIN HISTORY BUILDING OUR FUTURE HONORING OUR PAST SUBJECT: PACKERS SQUARE SHOPPING CENTER PARCEL Vs: 500-111-03, 500-111-04, 500-111-10 and 500-111-11. CASE # V09-0304 Dear Mr. and Mrs. Ko and Ms. Granell, ('In, December 18, 2009, you were issued a final notice of violation, directing. you to correct ;multiple violations on the property, which included, but was not limited to: 1) obtaining building permit(s) to repiace several hazardous beams in con iunction with immediately removing the hazardous lattice beams oy December 22, 2009 (which was extended until DecNrnber 28, 2009) and 21 eliminating all cracks and potholes throughout the entire parking.lot and re -striping all onsite parking stalls.in accordance with an approved plan and permit from the Planning Division. You were also recently directed to obtain building permit(s) and appropriately bolt all newly replaced lattice beams to the existing lattice brackets. However, to date, many of the hazardous lattice beams continue to be replaced without buildir;g perrnit(s) and without being appropriately bolted to the existing lattice brackets. Additionally, .everal hazardous lattice beams have. yet to be removed and two -other newly damaged lattice teams have also been recently observed.. onsite. These newly damaged lattice beams are in addition to the damaged lattice beams listed in the final notice of violation. One of the newly damaged beams is a lattice roof beam on the northwest corner of the building at 13132 Newport j Avenue, which- is in a . hazardous condition .and needs to be removed immediately and the sec and damaged beam is a lattice beam on the west side of the building: at 13132 Newport \\( Avenue, lust south of the entrance to Suite # 100. Furthermore, the parking lot has recently been slurry coated and restriped. However, significant cracking and some potholes still. exist throughout the parking lot and additional repair is needed to meet the minimum standards of the city. A measurement: of the onsite parking stalls. also revealed that several of the stalls do not meet the minimum nine (9) foot widths�as approved on the restriping plan. Other deficiencies to the restriping of the parking lot incl�ude.three additional franking stalls which were added without approval; the w;.dths of the two van accessible ADA - loading areas do not meet a minimum width of eight (8') feet and one parking stall divider iine was never painted. 300 Centennial Way, Tustin, CA 92780 0 P: (714),573 - 3 100 0 F: (714) 573-31 13 • WWWAIstinca.org Packers Square Letter January 15, 2010 Case # V09-0304 Page # 2 'YOU ARE HEREBY DIRECTED TO: 1) By no later than Monday, February 1, 2010, submit a complete site. plan to the Building Division, obtain all.opcessary.permit(s) and physically commence with the replacement of all damaged, cracked and/or dry rotted onsite lattice beams and lattice roof beams,. including, but not limited to all damaged lattice beams listed in the final notice of violation (corrective actions # 1 and 2) and both newly discovered damaged lattice beams identified above. The permit(s) obtained shall also include all recently replaced lattice beams. The following hazardous beams that still need to be removed are listed below by building address: 13112 Newport Avenue • One (1) lattice.beam on the southwest corner of the building (in front of Suite # A) 13132 Newport Avenue • One (1) lattice roof beam on the northwest corner of the building. 13152 Newport Avenue • Two (2) lattice roof beams on the north side of the building, between Suites # A and B. The following lattice beams that still need to be properly bolted are listed below by building address: 13112 Newport Avenue • One (1) lattice beam in front of Suite # D • Three (3) lattice beams between Suites # E and F 13132 Newport Avenue • Two (2) lattice beams on the northwest corner of the building Once permit(s) are obtained, all work shall be completed and all permit(s) shall be finaled within forty-five (45) calendar days of permit issuance pursuant to 2007 California Building Code A105.5. 2) By no later than Tuesday, February 16 2010, eliminate all potholes and cracks throughout the entire onsite parking lot and submit a revised re -striping plan to the Planning Division and, upon approval, correct all deficiencies onsite as indicated below: • Eliminate all three (3) non -approved parking stalls along the southwest corner of the / building at 13152 Newport Avenue j" • Properly stripe a missing parking line within the middle driveway between 13102 and 13152 Newport Avenue • Correct the widths to both van accessible ADA loading areas • Correct the widths of non -conforming parking stalls so that they are each a minimum of nine (9') feet wide 3) By no later than Monday January 25, 2010, re -install the wall sign in front of 1311:2 Newport Avenue, Suite # D and ensure that it properly illuminates. _Please be advised that the deadlines to corrective actions # 4 5 and 6 of the final notice_ of violation, dated December 18, 2009 remain unchanged. Community Development Department EXHIBIT A Administrative Citation Process TUSTIN BUILDING OUR FUTURE HONORING OUR PAST In accordance with Tustin City Code (TCC) 1162(d), fines may be assessed by means of an administrative citation as follows: $100.00 for a first violation; $200.00 for a second violation of the same ordinance or permit within one year of the first violation; or $500.00 for a third or any further violation of the same ordinance or permit within one year of the first violation. Building and Safety Code (TCC Sec. 8100 — 8999) violations may be assessed at $100.00 for a first violation; $500.00 for a second violation of the same ordinance or permit within one year of the first violation; or $1,000.00 for a third or any further violation of the same ordinance or permit within one year of the first violation. The City may also take further legal action including issuing the responsible person(s) a criminal citation and/or abating the violation(s) with the cost of such abatement and/or prosecution assessed against the responsible person(s), the property owner(s), and/or the property as a lien. Should an administrative citation be issued, the responsible person has ten (10) days from the date of the administrative citation to pay the corresponding fine(s). Additionally, the responsible' person must take one of the following actions to avoid additional penalties prior to the compliance date specified in the administrative citation: 1) Correct the violation, pay the corresponding fine(s), and contact the City to request a re- inspection, or 2) Pay the corresponding fine(s) and request an extension of time in writing pursuant to TCC 1165(b), which shows a reasonable hardship; or 3) Request a hearing to appeal the administrative citation pursuant to TCC 1166 within ten (10) days from the date of the administrative citation, together with an advanced deposit of the corresponding fine(s). Request for Hearing forms and other information on Administrative Citations may be obtained on the City's website at www.tustinca.org. 300 Centennial Way, Tustin, CA 92780 0 P:(714)573-3100 0 F: (714) 573-31 13 0 www.tustinca.org 21C2/JU1/12/MON 10.27 AM ROBERT KO FAX No. 525 859 0580 F. 001 Community Development Department TUSTIN Sent by first class mall April 7, 2010 Robert and Nancy Ko 20107 E. Covina Hills Road Covina, CA 91724-3629 BUILDING OUR FUTURE HONORING OUP, PAST SUBJECT: PACKER'S SQUARE DEVELOPMENT (13102 — 13152 Newport Avenue) PARCEL #'s: 500-111-03, 500-111-04, 500-111-10 and 500-111-11 CASE # V09-0304 Dear Mr. and Mrs. Ko: On February 19, 2010, you were issued a $400.00 administrative :citation (#CE000017) for failing to abate several violations within the shopping center and you. were given until. March 22, 2010 to correct the remaining violations. This letter is to inform you that City staff inspected the property on Tuesday April 6, 2010 and most of the violations still remain. Additional lattice beams have also been replaced without a permit. Moreover, thin sheet metal has been attached to the front of one damaged lattice beam just south of the front door to the Pediatrics and Adult Medicine business, located at 13132 Newport Avenue and the sheet metal has been painted white to match the other lattice beams; Please be advised that this beam must be replaced with a permit from the Building Division. You are hereby directed to do the following (listed below) by no later than Monday April 19, 2010 or a second administrative citation in an amount of $1100.00 will be issued. Corrective Actions: 1) Submit a complete site plan to the Building Division, obtain all necessary permit(s) for all beams which have already been replaced without a permit and for all beams that still need to be replaced and physically commence with the replacement of all remaining damaged, cracked and/or dry rotted onsite lattice beams and lattice roof beams. All work shall be completed and all perm Ls) shall be finaled within thirty (30) calendar dans of Permit Issuance pursuant to 2007 California Bulldlnp Code A 165.5. 2) Eliminate all potholes and cracks throughout the parking lot end restripe all parking stalls lot in accordance with a revised restriping plan which has been approved by the Planning Division. 3) Provide and maintain healthy landscaping throughout the entire shopping center, including within all onsite planters. The proper care of the onsite landscaping ihcludes, but is not limited to: 300 Centennial Way, Tustin, CA 92780 • P: (714) 573-3100 • F:(714)573-3113 0 www.tustinca.org 2C11,'JUL/12/M0N 10:27 AM ROBERT KO FAX No. 525 859 0550 F. 002 I v° ' !� •` raw..sama. w„aeo. � �. ., ao- a vovava . •0107. Tom - D.ar a l • Removing and replacing all dead vegetation with healthy vegetation which is identical or similar to the vegetation which is removed. • Installing healthy vegetation. within all bare landscape areas which is identical or similarto the landscaping surrounding the bare area. 4) Replace all dry rotted and/or damaged wood trim attached to the east side (rear) of the building at 13112 Newport Avenue and paint the new wood trim to match; the existing wood trim. Is stated previously, failure to comply as listed above will result in another administrative citation being issued and/or further legal action. Should you have any questions regarding this letter, do not hesitate to contact n)e at (714) 573-3135. Sincerely ' r B d Steen Code Enforcement Officer .. r , Y Cc; Ko's Anaheim Professional, Inc. Attn: Gilda Granell, Property Manager 1801 W. Romneya Drive ,# 4.01 Anaheim, CA92801 Amy Thomas;- Senior Planner/Code Enforcement Supervisor Community Development Department Sent by first class and certified mail September 18, 2009 Ko's Anaheim Professional, Inc. Attn: Gilda Granell, Property Manager 1801 W. Romneya Drive # 401 Anaheim, CA 92801 (714) 486-1462 Fax # Robert and Nancy Ko 20107 E. Covina Hills Road Covina, CA 91724-3629 TUSTIN BUILDING OUR FUTURE HONORING OUR PAST Ko's Anaheim Professional, Inc. Attn: James Oey, Maintenance Manager 1151 W. Arrow Highway Azuza, CA 91702 SUBJECT: NOTICE OF VIOLATION/PRE-CITATION NOTICE — PACKER'S SQUARE DEVELOPMENT (East side of Newport Avenue, just south of Irvine Blvd.) PARCEL #'s: 500-111-03, 500-111-04, 500-111-10 and 500-111-11 CASE # V09-0304 Dear Mr. and Mrs. Ko, Ms. Granell and Mr. Oey: The City of Tustin has property maintenance standards and code requirements to ensure that properties are maintained in good condition. On September 15, 2009, City staff inspected the ,Packer's Square Development and observed a cracked and severely deteriorated parking lot and dead landscaping throughout the property. You are currently in violation of the following Tustin City Codes: Tustin City Code 9262(c) — General Off -Street Parking Regulations Maintenance: It shall be the duty of the property owner to maintain and repair required parking areas and associated improvements in accordance with this Code and any other conditions imposed at the time of approval. Parking spaces, driveways, maneuvering aisles, paving, light standards, walls, turnaround areas, landscaping and other improvements shall be maintained in a good condition and be free of debris, graffiti, and litter. Tustin City Code 5502(m)(4) - Parking and related surfaces. �1 Parking surfaces and pedestrian walkways shall be maintained in a safe condition such that any concrete, asphalt or other driving or walking surfaces are free of potholes, buckled or cracked surfaces or raised areas. Tustin City Code 5502(m)(1) - Landscaping. All landscaping shall be maintained in a healthy condition free of dead, decayed, overgrown or discarded plant material. 300 Centennial Way, Tustin, CA 92780 - P: (714) 573-3100 - F: (714) 573-31 13 - www.tustinca.org pater, s9uara 0eveiop. September 19, 2009 'ase 4 VOM300 Page w 2 You are hereby directed to do the following: 1) Repair/eliminate all potholes and cracks within the parking lot and re -stripe all on-site parking stalls with an approved plan and permit from the Planning Division. NOTE: A grading permit from the Building Division may be required to repair the existing parking lot. Contact the Building Division at (714) 573-3120 prior to repairing the parking lot. 2) Provide and maintain healthy landscaping throughout the entire development. It is necessary that these violations be corrected within sixty (60) days of this notice. This notice shall serve to inform you of the compliance requirements pursuant to the Tustin City Code and/or other adopted codes. Failure to comply with these requirements within the time limit specified above may result in the issuance of an administrative citation pursuant to TCC. 1162(a) and/or the referral of this matter to our City Attorney for further legal action (reference Exhibit A attached hereto for further information). Once the violation(s) have been corrected, please contact me so that I may re -inspect the property and potentially close this code enforcement case. If you need further clarification or assistance with this matter, I can be contacted at (714) 573-3135. Thank you in advance for your cooperation in this matter. Sincerely Br d Steen Code Enforcement Officer Attachment: Exhibit A — Administrative Citation Process Cc: Elizabeth Binsack, Community Development Director Dana Ogdon, Assistant Community Development Director Amy Thomas, Code Enforcement Supervisor B.J. Azarvand, Plan Check Supervisor City Planners Community Development Department EXHIBIT A Administrative Citation Process TUSTIN BUILDING OUR FUTURE HONORING OUR PAST In accordance with Tustin City Code (TCC) 1162(d), fines may be assessed by means of an administrative citation as follows: $100.00 for a first violation; $200.00 for a second violation .of the same ordinance or permit within one year of the first violation; or $500.00 for a third or any further violation of the same ordinance or permit within one year of the first violation. Building and Safety Code (TCC Sec. 8100 — 8999) violations may be assessed at $100.00 for a first violation; $500.00 for a second violation of the same ordinance or permit within one year of the first violation; or $1,000.00 for a third or any further violation of the same ordinance or permit within one year of the first violation. The City may also take further legal action including issuing -the responsible person(s) a criminal citation and/or abating the violation(s) with the cost of such abatement and/or prosecution assessed against the responsible person(s), the property owner(s), and/or the property as a lien. Should an administrative citation be issued, the responsible person has ten (10) days from the date of the administrative citation to pay the corresponding fine(s). Additionally, the responsible person must take one of the following actions to avoid additional penalties prior to the -compliance date specified in the administrative citation: 1) Correct the violation, pay the corresponding fine(s), and contact the City to request a n: - inspection, or 2) Pay the corresponding fine(s) and request an extension of time in writing pursuant to TCC 1165(b), which shows a reasonable hardship; or 3) Request a hearing to appeal the administrative citation pursuant to TCC 1166 within ten (10) days from the date of the administrative citation, together with an advanced deposit of the corresponding fine(s). Request for Hearing forms and other information on Administrative Citations may be obtained on the City's website at www.tustinca.orsa. 300 Centennial Way, Tustin, CA 92780 e P:(714)573-3100 0 F: (714) 573-31 13 0 www.tustincl.org r J� �-� ;�,. ��e' ,�,;-,, .�� _c :�i-. 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