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HomeMy WebLinkAbout01 Report to the Board of AppealsJ~~'- ITEM # 1 AGENDA REPORT MEETING DATE: JULY 12, 2011 TO: BOARD OF APPEALS FROM: .HENRY HUANG, BUILDING OFFICIAL ~-~- SUBJECT: APPOINTMENT OF HEARING EXAMINER AND MEETING DATE FOR APPEAL OF NOTICE AND ORDER TO VACATE. RECOMMENDED ACTION: 1. Fix the date, time and place of the hearing of the appeals on: Date: August 18, 2011 Time: 10:00 AM Place: Tustin Library, Large Conference Room, 745 Main Street, Tustin, CA 92780 **Unless time and date is mutually agreed to be modified with the appellant. 2. Appoint Gregory Palmer as Hearing Examiner to conduct the hearing and provide a written report to the Board. 3. Provide that, in the event Mr. Palmer becomes unavailable at the designated time, the Board appoints the next available hearing officer to hear the appeals at the designated time and place. DISCUSSION: Pursuant to Tustin City Code Section 8101(0), the City's Building Board of Appeals consists of five members consisting of the members of the Planning Commission. The City's Building Official, Henry Huang, serves as the Board's Secretary. This agenda item is addressed to you in your capacity as the Building Board of Appeals. The purpose of this meeting of the Board of Appeals is not to hear or consider evidence about the merits of the appeals themselves. The purpose of this meeting is to set the hearing date, time and place as required by the Uniform Housing Code ("UHC") and the Uniform Code for the Abatement of Dangerous Buildings ("UCADB"). On June 16, 2011, the Building Official issued a Notice and Order/Pre-Citation Notice of Dangerous Buildings and a Notice to Vacate, for the property located at 520 Pacific Street (Attached). Board of Appeals Report 520 Pacific Street -Setting of Hearing Date Page 2 On June 24, 2011, appeals were filed by the property owners, Bret and Stephanie Fairbanks. (See attached.) Pursuant to section 501.3 of the UCADB and section 1201.3 of the UHC, the Board of Appeals must set an appeal hearing date, time and place not less than 10 days nor more than 60 days from the date the appeal was filed with the Building Official. (Thus, the hearing must be set between July 4 and August 23, 2011) The procedures for the conduct of hearing appeals are set forth in Chapter 6 of the UCADB and Chapter 13 of the UHC (Attached). Given the nature and extent of the rules of evidence, conduct of the hearing, and the technical nature of the matter, staff recommends that a hearing examiner/official be designated pursuant to section 601.1 of the UCADB and section 1301.1 of the UHC. Mr. Palmer is an experienced hearing officer familiar with the rules of evidence applicable to such hearings, and staff has confirmed he is available at the proposed date and time. This provision allows the Board to appoint a hearing examiner to conduct the hearing. If a hearing officer is appointed, then after hearing the evidence, the hearing officer will submit a written report to your Board summarizing the evidence and stating the examiner's findings,. conclusions and recommendations, and include a proposed decision for your consideration. Written exceptions and written argument regarding the hearing officer's report could be submitted prior to the date the Board considers the report. The Board could, but would not be required to, grant leave to allow any party to present oral argument to the Board itself. Attachments: A. June 16, 2011 Notice and Order/Pre-Citation Notice of Dangerous Buildings and a Notice to Vacate B. June 24, 2011 Appeals to the Board of Appeals C. UCADB Section 501.3 and UHC Section 1201.3 -Scheduling and Noticing Appeal for Hearing D. UCADB Chapter 6 and UHC Chapter 13 -Procedures for Conduct of Hearing Appeals ATTACHMENT A JUNE 16, 2011 NOTICE AND ORDER/PRE-CITATION NOTICE OF DANGEROUS BUILDINGS AND A NOTICE TO VACATE Community Development Department Posted on property and sent by Certified and First-Class Mai! June 16, 2011 Bret and Stephanie Fairbanks 520 Pacific Street Tustin, CA 92780-4329 Tusri~v NOTICE AND ORDER/PRE-CITATION NOTICE DECLARATION OF DANGEROUS BUILDINGS Property Address: 520 Pacific Street Assessor Parcel Number: 401-371-07 Case Number: V10-0312 Subject: Upper Dwelling Unit and Rear Dwelling Unit, Garage, Carport and Recreation Building Dear Mr. and Mrs. Fairbanks, On September 16, 2010, a Notice and Order was issued for noncompliance with various provisions of the City of Tustin Building Code. The Notice and Order was appealed and on December 14, 2010, the Tustin Planning Commission (acting in its capacity as the Board of Appeals per Tustin City Code (TCC) Section 8101 and acting as the appeal hearing body per TCC Section 9242) adopted Resolution No. 4161 affirming the Notice and Order for Building Code violations at 520 Pacific Street. Since adoption of Resolution No. 4161, discussions have been ongoing between you, your representatives, and Building Division staff regarding Building and Housing Code compliance. In addition, on or about May 4, 2011, City staff received a report from your structural engineer, Eric C. Stovner, which recommended structural modifications required to bring the subject buildings into conformance with the California Building Standards Code (CBSC). We are also in receipt of correspondence from your architect, Paul Fulbright, which recommended a number of required upgrades necessary to address various code requirements to obtain permits and correct these structural issues or other Building and Housing Code violations on the property. Based on evidence observed by Dennis McCreary, P.E, CBO, City of Tustin, Building Division, Principal Engineer, third party review by Scott Fazekas, A.I.A., Bryan Healy, Orange County Fire Authority, the owner's structural engineer Eric Stovner, S.E, the owner's architect Paul Fulbright, A.I,A., and myself (on the visible parts alone), and a review of the Uniform Code for the Abatement of Dangerous Buildings (UCADB), 1997 Edition, the subject buildings are hereby deemed to be "dangerous buildings" (Sections 301 and 302), and additionally based on 300 Centennial Way, Tustin, CA 92780 • P: (714) 573-3100 • F: (714) 573-31 13 • www.tustinca.org BUILDING OUR FUTURE HONORING OUR PAST Notice and Order at 520 Pacific Street Case # V10-0312 June 16, 2011 Page 2 the Uniform Housing Code (UHC), 1997 Edition, the subject buildings are hereby declared to be "substandard buildings" (Section 1001.1). Based only on limited visual evidence, such condition or multiple defects exist on the property to the extent that the life, health, property or safety of the occupant(s) is/are endangered. Pursuant to Section 404.2 of the UCADB, observations and findings reciting the emergency and specifying the conditions which necessitate the posting are attached hereto in Exhibit A. ___ Notiee and Order-- __ _ __ _ _ _ _ _ _ _ __ _ 1. You are hereby notified and ordered to vacate, secure, and maintain the subject structures against entry by no later than 4:00 p.m., Monday, June 20, 2011. No person may enter or occupy the subject structures unless acting in an authorized manner to assess, perform or inspect the repair and/or removal of the violations. 2. You are, also hereby directed, within thirty (30) calendar days of the date of service of this Notice and Order, to obtain all City ermits necessary to 1) repair, and/or 2) remove all code violations to the satisfaction of the City of Tustin Building Official. Failure to comply with this Notice and Order within the time specified above will result in the issuance of an administrative citation pursuant to Tustin City Code 1162(a) (reference Exhibit B attached hereto for additional information) andlor the referral of this matter to our City Attorney for further legal action. You or any person having any record title or legal interest in the property may appeal the notice and order pursuant to Section 501.1 of the UCADB within thirty (30) calendar days from the date of service of this Notice and Order. Pursuant to Section 504 of the UCADB, the filing of an appeal shall not stay the above Notice and Order to vacate, secure and maintain the subject structures against entry. Failure to appeal in .accordance with the provisions of Section 501 shall constitute a waiver of all right to an administrative hearing and adjudication of the Notice and Order or any portion thereof. Should you have any questions regarding this notice, please contact me directly at (714) 573- 3130. Sincerely, ~" ~~ Y Henry Huang, P~!E., C.B.O. uilding Official Attachments: Exhibit A -Observations and Findings Supporting a Determination that Dangerous Buildings Exist at 520 Pacific Street. Exhibit B -Administrative Citation Information Notice and Order at 520 Pacific Street Case # V10-0312 June 16, 2011 Page 3 cc: Elizabeth Binsack, Community Development Director Doug Holland, City Attorney Bryan Healy, OCFA Dana Ogdon, Assistant Director of Community Development Dennis McCreary, Principal Engineer Amy Thomas, Senior Planner -Scott-Fazekas, A1A._ _. _ _ __ _ _ _ _ _ _ _ __ Paul Fulbright, A.I.A. Eric Stovner, S.E. File Exhibit A Exhibit A: Observations and Findings Supporting a Determination that Dangerous Buildings Exist at 520 Pacific Street Based on evidence observed by Henry Huang, P.E, CBO, City of Tustin Building Official, Dennis McCreary, P.E, CBO, City of Tustin, Building Division, Principal Engineer, third party review by Scott Fazekas, R.A., Mr. Bryan Healy, Orange County Fire Authority, the owner's structural engineer Eric Stovner, S.E, and the owner's architect Paul Fulbright, A.I.A. (on the visible parts alone), and the review of the Uniform Code for the Abatement of Dangerous Buildings (UCADB), 1997 Edition, the subject buildings are hereby deemed to be "dangerous buftdings" (Sections 30 and 302); and additionally based on the Uniform Housing Code (UHC), 1997 Edition, the subject buildings are hereby declared to be "substandard buildings" (Section 1001.1). Such condition or multiple defects exist on the property to the extent that the life, health, property or safety of the occupant(s) is/are endangered. The following dangerous conditions or multiple defects have been observed on the property reciting the emergency and specifying the conditions which necessitate the pasting: Existing Building Conditions: 1. UCADB Section 302 Item 5 and UHC Section 1001.3. Beam supporting second story dwelling unit is cracked and therefore jeopardizing supporting system of second story. CBC Section 3405.3 requires damaged gravity load-carrying components to be repaired or replaced. Mr. Eric Stovner's letters dated May 4 and 25, 2011 stated he observed and noted this violation. 2. UCADB Section 302 Item 3 and UHC Section 1001.3. Carport structural members are not of adequate size to support roof loads and not designed in accordance with CBC Section 1604.1 and if loaded could collapse. Mr. Eric Stovner's letter dated May 4, 2011 stated he observed and noted this violation. 3. UCADB Section 302 Item 8 and UHC Section 1001.3. Foundation supporting stairway to second story dwelling unit is not adequate and causes the exit door from the upper dwelling unit to become inoperative and creates a hazard in case of fire or panic. Mr. Eric Stovner's letter dated May 4, 2011 stated he observed and noted this violation. 4. UCADB Section 302 Item 2 and UHC Section 1001.12. Stairway intermediate guards and risers are not provided and thus a fall hazard exists. Further, this condition is not in compliance with CBC Section 1013. Mr. Paul Fulbright's letter dated April 21, 2011 (Item 2f) stated he observed and noted this violation. 5. UCADB Section 302 Item 1 and UHC Section 1001.12. Exterior stairway for second story unit is not in a safe location to afford exiting during a fire deemed as 10 feet from property line by California Building Code, 2010 Edition (CBC), Section 1027.3. Mr. Paul Fulbright's letter dated April 21, 2011 (Item 2g) stated he observed and noted this violation. 6. UCADB Section 302 Item 14 and UHC Section 1001.13. Fire resistive walls between the units and adjacent garage are not provided. Fire resistive walls and window protection adjacent to the property line on the second story are not provided. Fire in an adjacent unit, garage or adjacent building could spread quickly and therefore overcome occupants. Fire resistive assemblies are required for the above mentioned locations in CBC Sections 705, 707, and 709. In addition, there are several electrical installations that pose a danger (unprotected and non-attached Romex wiring, non-GFCI outlets in the bathrooms and kitchens, heating installations, etc.) and there are no smoke detectors or alarms in the sleeping areas. Mr. Paul Fulbright's letter dated April 21, 2011 (Items 2a and 4a) stated he obseryed~nd~oted.ihese vioJatior~s.---- --- 7. UHC Section 1001.5. Electrical wiring in the garage area is improperly installed. Improperly installed conductors and without proper required fire resistive material from the dwelling unit above can be a serious hazard to the occupants in the upper dwelling unit. Mr. Paul Fulbright's letter dated April 21, 2011 (Items 1d and 4b) stated he observed and noted this violation. 8. UHC Section 1001.7. The furnace in the second story dwelling unit does not meet clearance requirements and creates a potential fire hazard. Mr. Paul Fulbright's letter dated April 21, 2011 (Item 2b) stated he observed and noted this violation. 9. UHC Section 1001.5. Exposed electrical wiring next to unpermitted furnace in the second story unit can cause a potential fire hazard. Mr. Paul Fulbright's letter dated April 21, 2011 (Item 2c) stated he observed and noted this violation. 10. UHC Section 1001.13. Operating smoke detectors are not installed within the sleeping areas of the upper and rear dwelling units as required by state code and therefore occupants may not have adequate warning of a fire. Mr. Paul Fulbright's letter dated April 21, 2011 (Items 2i and 5h) stated he observed and noted this violation. il. UHC Sections 1001.3, 1001.6 and 1001.7. Mechanical, electrical, and plumbing (including gas and water) installation work may pose a fire and water hazard. Mr. Paul Fulbright's letter dated April 21, 2011 (Item 1d) stated he observed and noted this violation. 12. UHC Section 1001.5. Electrical outlets in both the wet areas of the kitchen and bathrooms in both dwelling units are non-GFI type of receptacles, which pose a potential electrical shock and fire danger to occupants. Mr. Paul Fulbright's letter dated April 21, 2011 (Items 2j and Si) stated he observed and noted this violation. 13. UHC Sections 1001,2, 1001.5 and 1001.6. Plumbing and electrical installed in the kitchens may create fire hazard, water damage and inadequate sanitation. Mr. Paul Fulbright's letter dated April 21, 2011 (Item 2d) stated he observed and noted this violation. 14. UHC Section 1001.7. Gas heater attached to wood siding and gas line in the rear dwelling unit poses a potential fire hazard due to its proximity to combustible material. Mr. Paul Fulbright's letter dated April 21, 2011 (Item 5b) stated he observed and noted this violation. 15. UHC Section 1001.6. Unsecured and exposed gas line on the interior of the rear dwelling unit poses a potential gas leak and fire hazard. Mr. Paul Fulbright's letter dated April 21, 2011 (Item 5f) stated he observed and noted this violation. 16. UHC Section 1001.6. Added shower and floor area. onto original structure may create- water damage and inadequate sanitation. Mr. Paul Fulbright's letter dated April 21, 2011 (Item 2e) stated he observed and noted this violation. 17. UHC Section 1001.3.. Foundations for the dwelling units and the recreation/storage building should be investigated to determine if the foundation provides adequate structural bracing and support for the structures. Mr. Paul Fulbright's letter dated April 21, 2011 (Item 1b) refers the matter to Mr. Stovner and no further response was given. 18. UHC Section 1001.3. Wood posts at canopy of recreation room have rot at bottom and therefore need repair to mediate structural hazard. Mr. Eric Stovner's letter dated May 4, 2011 stated he observed and noted this violation. 19. UHC Section 1001. 5. Unsupported electrical metal conduit (EMT) between the garage and house is subject to potential damage and failure and poses a potential electrical and fire hazard. Mr. Paul Fulbright's letter dated April 21, 2011 (Item 3c) stated he observed and noted this violation. 20. UCADB Section 302 Item 14. Exposed insulation in the kitchen area of the rear dwelling unit appears to be straw and therefore a high flame spread rating and fire hazard. Mr. Paul Fulbright's letter dated April 21, 2011 (Item 5g) stated he observed and noted this violation. 21. UCADB Seetion 302 Item 14 and UHC Section 1001.13. North exterior wall of the recreation room is in close proximity to the property line and poses a fire hazard. Mr. Paul Fulbright's letter dated April 21, 2011 (Item 6d) stated he observed and noted this violation. Determination of the Building Official: The subject buildings have been identified as having the conditions or multiple defects described above. Therefore, the subject buildings are in violation of the Uniform Code for the Abatement of Dangerous Buildings, the Uniform Housing Code, and the California Fire Code, as identified in the referenced items below, and are therefore determined to be "dangerous buildings". Uniform Code for the Abatement of Dangerous Buildings Uniform Code for the Abatement of Dangerous Buildings, Section 302 states, "For the purpose of this __ _ c.~de, any building or structure -which--has anv or ail of -the eonditions or defects hereinafter described shall be deemed to be a dangerous building, provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or its occupants are endangered." "1. Wherever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic." Refer to Existing Building Conditions noted above, Item 5. "2. Whenever the walking surface or any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic." Refer to Existing Building Condition noted above, Item 4. "3. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one half times the working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location." Refer to Existing Building Condition noted above, Item 2. "5. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodge, or to collapse and thereby injure persons or damage property." Refer to Existing Building Condition noted above, Item 1. "8. Whenever the building or structure, or any portion thereof, because of (i) dilapidation, deterioration or decay; (ii) faulty construction; (iii) the removal, movement of instability of any portion of the ground necessary for the purpose of supporting such building; (iv) the deterioration, decay or inadequacy of its foundation; or (v) any other cause, is likely to partially or completely collapse." Refer to Existing Building Condition noted above, Item 3. "9. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used." Refer to all violations at the property. "14. Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent of the (i) strength, (ii) fire-resisting qualities or characteristics, or (iii) weather-resisting qualities or characteristics require by law in the case of a newly constructed building of like area, height and occupancy in the same location." Refer to Existing Building Condition noted above, Items 6, 20 and 21. "16. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard." Refer to existing Building Code noted above, Items 3-9, 11, 14, 19, and 21. Uniform Housing Code 1001.1 General. "Any building or portion thereof that is determined to be an unsafe building in ___ _ accordance 4vith Section 102 0# the Building-code- or-any building or portion thereof, including -any dwelling unit, guest room or suite or rooms, or the premises on which the same is located, in which there exists any of the conditions referenced in this section to an extend that endanger the life, limb, health, property, safety or welfare o f the pubic or the occupants thereof, shall be deemed and hereby are declared to be substandard buildings." The subject buildings have conditions described in the referenced items hereinafter and therefore deemed to be a "substandard buildings". 1001.2 Inadequate Sanitation. "Buildings or portions thereof shall be deemed substandard when they are insanitary. Inadequate sanitation shall include, but not be limited to, the following: 6. Lack of adequate heating facilities. 13. General dilapidation or improper maintenance. Refer to Existing Building Condition noted above, Items 8 and 13." 1001.3 Structural Hazards. "Buildings or portions thereof shall be deemed substandard when they are or contain structural hazards. Structural hazards shall include, but not be limit to, the following: 1. Deteriorated or inadequate foundations. 2. Defective or deteriorated flooring or floor supports. 3. Flooring or floor supports of insufficient size to carry imposed loads with safety. 6. Members of ceilings, roofs, ceiling of roof supports, or other horizontal members that sway, split or buckle due to defective material or deterioration. 7. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety." Refer to Existing Building Condition noted above, Items 1, 2, 3, 11, 17, and 18. 1001.5 Hazardous Electrical Wiring. "Electrical wiring that was installed in violation of code requirements in effect at the time of installation or electrical wiring not installed in accordance with generally accepted construction practices in areas where no codes were in effect or that has not been maintained in good condition or that is not being used in a safe manner shall be considered substandard." Refer to Existing Building Condition noted above, Items 7, 9, 12, 13, and 19. 1001.6 Hazardous Plumbing. "Plumbing that was installed in violation of code requirements in effect at the time of installation or plumbing not installed in accordance with generally accepted construction practices in areas where no codes were in effect or that has not been maintained in good condition or that is not free ofcross-connections or siphonage between fixtures shall be considered substandard." Refer to Existing Building Condition noted above, Items 11,13, 15, and 16. 1001.7 Hazardous Mechanical Eguipment. "1111echanical_equlpment that- was installed in violation of _ _ - - -- - - code requirements in effect at the time of installation or mechanical equipment not installed in accordance with generally accepted construction practices in areas where no codes were in effect or that has not been maintained in good and safe conditions shall be considered substandard." Refer to Existing Building Condition noted above, Items 8, 11, and 14. 1001.12 Inadequate Exits. "Except for those buildings or portions thereof that have been provided with adequate exit facilities conforming to the provisions of this code, buildings or portions thereof whose exit facilities were installed in violation of code requirements in effect at the time of their construction or whose exit facilities have not been increased in number or width in relation to any increase in occupant load due to alterations, additions or change in use or occupancy subsequent to the time of construction shall be considered substandard. Notwithstanding compliance with code requirements in effect at the time of their construction, buildings or portions thereof shall be considered substandard when the building official finds that an unsafe condition exists through an improper location of exits, a lack of an adequate number or width or exits, or when other conditions exist that are dangerous to human life." Refer to Existing Building Condition noted above, Items 4, and 5. 1001.13 Inadequate Fire-protection or Firefighting Equipment. "Buildings or portions thereof shall be considered substandard when they are not provided with the fire-resistive construction or fire- extinguishing systems or equipment required by this code, except those buildings or portions thereof that confirmed with all applicable laws at the time of their construction and whose fire-restive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy." Refer to Existing Building Condition noted above, Items 6, 10, and 21. California Fire Code California Fire Code (CFC), 2010 Edition, regulations are applicable to the subject buildings. CFC regulations address fire/life safety such as fire-resistive construction, exiting, fire sprinkler and alarm systems. CFC in Section 110 addresses "unsafe building" including notification, fines, and abatement. Though not specifically detailed in this Notice and Order, the subject building violates several regulations in the CFC. ___ __ Exhibit B G ~ - ~'~ EXHIBIT B lr '~ Administrative Citation Information 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 frst violation; $500.QQ for a second~violation of the same ordinance or pe~mif within one year of-the frst 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 issuance date of the administrative citation to pay the corresponding citation 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. C:\Documents and Settings\dogdon\Local settings\Temporary Internet Files\Content.0utlook\46E9215L\EXHIBIT A (2).do50g2809 ATTACHMENT B JUNE 24, 2011 APPEALS TO THE BOARD OF APPEALS T'USTZI'~T 9U11D1NG OUR FUTURE HONORING OUR PpS[ Date ~,v+ne 2'°I' , 2441 Fees ~ ~~~ - CITY OF TUSTIN BUILDING CODE B~tARD OF APPEALS Before the Board of Appeals of the City of Tustln. Appeal of (print names): }- arY.1 ~;tCr~Y1~n ~e ~~ Address of structure: ~2p Pace b"cY'~~°g~ Assessor's Map: F.~x~IC:~, c~a ~~ -tq Lot ~,/ Permit No. N f J~x The undersigned hereby appeals to the City of Tustin Board of Appeals from the decision of the Building Official in accordance with California Building Code and other applicable Codes, i.e., Residential, Fire, Electrical, Mechanical, Plumbing, Energy, Uniform Housing, International Property Maintenance, and Uniform Code an the Abatement of Dangerous Buildings, that; (aheclcane ar mare) _ ~ the true intent of the California Building Standards Code (CBSC) or the rules legally adopted there under have been incorrectly interpreted. the section(s) of Code do not fully apply. an equally good or better form of construction is proposed. _~ ~ ~ ~SC~. 0-~CYI d ,~r~1 ai-trtCY~Y>rK-~'l~ Explain the appeal, modification, or relief sought and state briefly the reasons therefare: c°~~, U~1G1~' UC~L~~ ~,.~~ 5~1 GIB ~oust+nr~ Codes ,~ 1,~.Citi avd ~~3 ^ Please submit elevations, plans & relevant information showing variance or modification sought. I declare under penalty of perjury, under the laws of the State of California, that all statements contained in this application and any accompanying documents is true and correct, with full knowledge that all statements made in this application are subject to Investigation and that any false or dishonest answer to any question maybe grounds for denial. ~, awner's Signature , / ; ' ~`` ~~ ~ ~ ~'"`°'~ate: ~ ~'~ /~ Mailing Address: ~~ 1ftC, ~trer~-, "T;~,~j q~l~,p Phone No. 4,"1t4\TtS~, -~,Z.~~n, s:lcddlbuildinglforms~building board of appeals.doc Uniform Code for Abatement of Dangerous Buildings Chapter 5 -APPEAL Section 501- General 501.1 Form of the Appeal. Any person entitled to service under Section 401.3 may appeal from any notice and order or any action of the building official under this code by filing a the office of the building official a written appeal containing: 1. A heading in the wards: '°Before the board of appeals of the ... of..." 2. A caption reading: "Appeal af.. ,," giving the names of all appellants participating in the appeal. 3. A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order. 4. A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant. S. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested ardez or action should be reversed, modified or otherwise set aside. 6. The signatures of all parties named as appellants and their official mailing address. 7. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal. The appeal shall be filed within 30 days from the date of the service of such an order ar action of the building official; provided, however, that if the building or structure is in such condition as to make it immediately dangerous to life, limb, property or safety of the public or adjacent property and is ordered vacated and is posted in accordance with Section 404, such appeal shall be filed within 10 days from the date of service of the notice and order of the building official. Chapter 2 -ENFORCEMENT Section 205 -Board of Appeals 205.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretations of this code, there is a "Building Board of Appeals'° appointed by the City who aze experienced and trained to pass upon matters pertaining to the building construction and who are not employees of the City. The building official is an ex officio member of the board but does not have vote on any matter before the boazd. The boazd has adopted rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant, with a duplicate copy to the building official. Appeals to the board shall be processed in accordance with the provisions contained in section 501 of this code. Copies of all the rules or regulations adopted by the board shall be delivered to the building official, who shall make them freely accessible to the public. 205.2 Limitations on Authority. The Boazd shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive the provisions of this code. W02-WEST:3WAH 1k103655762.] - ],- Uniform Housing Code Chapter 12 -APPEAL 1201.1 Form of the Appeal. Any person entitled to service under Section 1101.3 may appeal from any notice and order or any action of the building official under this code by filing a the office of the building official a written appeal containing: 1. A heading in the words: "Before the board of appeals of the ... of..." 2. A caption reading: "Appeal of...," giving the names of all appellants participating in the appeal. 3. A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order. 4. A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant. 5. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside. 6. The signatures of all parties named as appellants and their official mailing address. 7. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal. The appeal shall be filed within 30 days from the date of the service of such an order or action of the building official; provided, however, that if the building or structure is in such condition as to make it immediately dangerous to life, limb, property or safety of the public or adjacent property and is ordered vacated and is posted in accordance with Section 1104, such appeal shall be filed within 10 days from the date of service of the notice and order of the building official. Chapter 2 -ENFORCEMENT Section 203 -Housing Advisory and Appeals Board 203.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretations of this code, there shall be and is hereby created a housing advisory and appeals board consisting of members who are qualified by experience and training to pass "upon matters pertaining to the building construction and who are not employees of the jurisdiction. The building official is an ex officio member of the board and shall act as a secretary but shall have no vote on any matter before the board. The housing advisory and appeals board has adopted rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant, with a duplicate copy to the building official. Appeals to the board shall be processed in accordance with the provisions contained in section 1201 of this code. Copies of all the rules or regulations adopted by the board shall be delivered to the building afficial, who shall make them freely accessible to the public. 203.2 Limitations on Authority. The housing advisory and appeals board shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive the provisions of this code. W02-WEST:3WAH1~403655762.1 »~- 650 Town Center flrive ; Gth ~ioar ; Costa Mesa, C:4 926261993 771!-S~13-51 Ot3 once 7's 6.513-5130 inx rvww.sheppardmutiPn.com June 24, 2011 Writer's Direct Line: 714-4248257 w+hodges(asheppardmul lin. com Our File Number: 0009-159581 V1.4 FACS'IMILEAlYD E-MAIL Chairperson Kozak and Members of the Building Board of Appeals of the City of Tustin, Planning Commission of the City of Tustin 300 Centennial Way Tustin, CA 92780 E-Mail: cityclerk@tustinca.org Facsimile: (714) 832-6382 Re: Request for Hearing Before the Buildin Board of Appeals Re arding Resolution 4161 and 520 Pacific Street Honorable Chairperson Kozak, Planning Commissioners and Members of the Board of Appeals: On behalf of our client, Mr. Bret Fairbanks, we submit this request for a hearing before the Building Board of Appeals {"Board") for the City of Tustin (the "City") and/or the Planning Commission, acting in its capacity as the appeal hearing body pursuant to Tustin City Code Section 9242, as appropriate, seeking an order directing the City's Enforcement Officer, the Building Official, to comply with the instructions and directive outlined in Board Resolution No. 4161, issued on December 14, 2010 ("Resolution 4161 "i), and to rescind the Notice and Order/Pre-Citation Notice of Dangerous Buildings {°'Notice and Order" 2) and a related vacation notice ("Notice to Vacate" 3) posted by the Building Official on the Property, all of which are dated June 16, 2011. Copies of the Notice and Order and the Notice to Vacate are attached hereto This letter is submitted at this time to preserve Mr. Fairbanks' rights to challenge the actions taken by the Building Official subsequent to the Board's approval of Resolution 4161, and to seek an administrative hearing for the Board's review of those actions. Because it appears some of the issues raised in this letterlrequest may involve the appropriateness of decisions made by the Building Official relative to the application and interpretation of the Uniform Housing ' Attached as "Attachment A." ~ Attached as "Attachment B." 3 Attached as "Attachment C." il":~ P':'AR.^ JI.~.T:v ~CAfi`z'Ett & ~~ Y:1''FOA* i,LP Chairperson Kozak and the Building Board of Appeals June 24, 2011 Page 2 Code ('°UHC") and/or the Uniform Code for the Abatement of Dangerous Buildings ("UCADB") (collectively, the °'Codes") and the Resolutions, we aze also separately processing appeals to the appropriately constituted board(s) of appeals for matters brought under those Codes, whose members are specially qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the City.4 Mr. Fairbanks reserves the right to file appeals of the Building Official's determinations with respect to violations of the Codes pursuant to the provisions thereof. Mr. Fairbanks, along-time resident of Tustin, currently owns and occupies asingle- family residence located at 520 Pacific Street in Old Town Tustin (the "Property"). In addition to the Fairbanks' home, constructed in 1929, there are two (2} accessory residences on the Property, constructed before 1950 (collectively, the "Residences") and another accessory structure that serves as a recreation room. On December 14, 2010, the Board considered the scope and extent of corrections that would be required on the Residences, and adopted the Resolutions in accordance with Section 113 of the City's Building Code. On the same date the Board, sitting as the City's Planning Commission and acting in its capacity as the appeal hearing body, adopted Resolution No. 4162 ("Resolution 4162"), upholding the Fairbanks appeal, thereby ordering a previous notice and order issued by the Building Official rescinded and confirming the non-conforming status of the Residences. Resolutions 4161 and 4162 are collectively referred to herein as the "Resolutions. °' The Resolutions confirm the Commission's and the Board's findings and determination that "lawfulness" at the time of construction is not required to meet the definition of a "non- conforming use/structure" under City Zoning Code Section 9273(a). 'The Resolutions further confirmed that compliance with the City's Buildang Cade is not required to qualify the Residences as non-conforming uses/structures under the Zoning Code, but instructed 1Vlr. Fairbanks to correct any health and safety violations on the Property. The Resolutions were unchallenged, and therefore constitute a final determination of Mr. Fairbanks' requirements in addressing building standards applicable to the Residences. The Boazd's intent is clear. The Resolutions plainly state that compliance with the minimum health and safety requirements of the UHC would be the applicable standard for correcting any health and safety violations of the Property. By this letter, we are requesting that the Board direct the Building Official to comply with Resolution 4161 and to withdraw the Notice and Order dated June 16, 2011, rescind and remove the Notice to Vacate, and to work with Mr. Fairbanks in determining the scope of required corrections to the Residences consistent with the Resolutions and the intent of the Board. Pursuant to UCADB §§ 205.1, 501.1 and UHC §§ 203.1, 1201.1. SP'AR~ ~IiLL'4r'.IL6`?i^~f do ~~v~i'"'~V ~P Chairperson Kozak and the Building Board of Appeals dune 24, 2011 Page 3 We further request that the documents and records related to the Property of the proceedings of the City Council on March 1 and March 15, 2011, and of the Board and Commission in connection with the adoption of the Resolutions {including the actions taken by the City Council on Mazch 1 and March 15, 2011) and of the Board and Commission on December 14, 2010, and the transcripts thereof, be included in the record of any proceedings held pursuant to this letter. I. Background And Summary Of Facts In The Record Of These Proceedings Pursuant to the City Historical Survey Report, construction of the principal structure at 520 Pacific Street started in 1928 and was completed in 1929.8 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 we11.6 The date of construction for the rear one-story middle addition is unknown, but was likely between 1945 and 1950.' >'n prior hearings regarding the Properly, 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 Building Cade in 1927, after which date building permits were required for construction. Under current City Building Code Section A104.7 and 1927 Building Codes Section 202, it is the obligation of the Building Official to retain copies of all building pemuts. Nonetheless, in 1959, the City Council authorized destruction and disposal of all ald building permits and job records. The City acknowledges that it has nat maintained records of building permits issued prior to 1959, and therefore cannot demonstrate when any earlier structures were permitted to be constructed, except through indirect evidence such as the Completion Notice issued for the principal Residence in 1929. These proceedings commenced on or about September 16, 2010, when the Building Official filed a notice and orders an the Praperty, alleging a variety of building and zoning code violations, and declaring the Property a public nuisance. The notice and order were apparently s Appeal Hearing Agenda Report: Appeal of Notice and Order at 520 Pack Street, Elizabeth Binsack & Y. Henry Huang, dated November 9, 2010, pg. S (hereinafter, "Appeal Hearing Report'°). e Thirteenth Street Architects, Inc. Re ort dated October 20 2010 P ~ , pg. 2 (hereinafter, "Thirteenth Street Architects"}. Appeal Hearing Report, pg. 5; See also Thirteenth Street Architects, pg. 2. s Notice and Order/Pre-Citation Notice and Declaration of Public Nuisance, Tustin Community Development Department, dated September 16, 2010 (hereinafter, "notice and order"). R'F'~;I'."'.AYi? ~I:~v €;YT~I: & fi4~Y'?'~'~ LAP Chairperson Kozak and the Building Board of Appeals Tune 24, 2411 Page 4 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. The purchase agreement was cancelled by the buyer after the Building Official issued the initial notice and order. Mr. Fairbanks appealed the first notice and order an September 22, 2010. The Board held three (3} hearings at which more than fifty (50) residents appeared to support the Fairbanks appeal. On December 14, 2010, the Boazd and Commission adapted the Resolutions, granting the appeal. With respect to the alleged building code violations, Resolution 4161 ordered Mr. Fairbanks to make physical improvements to the Residences that were '"reasonably determined by the Building Official to be necessary and appropriate to ensure that the health and safety of the occupants of the nonconforming buildings aze adequately protected and preserved. oi9 With Mr. Fairbanks' support, the Board instructed the Building Official to identify those items listed in the staff report dated October 26, 201010 that were required to protect "health and safety." 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 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." Between late March and eazly April, 2011, Mr. Fairbanks met with Mr. Henry Huang, the City's Buildigg Official, and Mr. Dennis McCreary, the City's Principal Engineer. At this meeting, Mr. Huang provided Mr. Fairbanks with list of general code requirements and comparison of various implemented City Codes.12 The document provided no reference to 9 Resolution No. 4161: A Resolution of the Board of A eats of the Ci of Tustin Modi PP ty Eying the Notice and Order for Building Code Violations at the Property at 520 Pacific Street (Assessor's Parcel No. APN 401-371- 07). '0 Appeal Hearing Agenda Report: Appeal of Notice and Order at S20 Pack Street, Elizabeth Binsack & Y. Henry Huang, dated October 26, 2010 (hereinafter, "Appeal Hearing Report, Oct. 26"}. " 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). 12 General Code Requirements for Residential Construction 1927, 1946, and 2010, March 31, 2011, Tustin City Internal Document. Attached as "Attachment D." Sa .~`,~~A"~~ s'L<.L~'V` z'2IC?i4'~F ~ i~A>'s1<~?~;tl 7,F.s' Chairperson Kozak and the Buildang Board of Appeals June 24, 2011 Page 5 health and safety concerns or instruction to Mr. Fairbanks on how to proceed in compliance with the obligations outlined in Resolution 4161. On approximately April S, 2011, Mr. Fairbanks and his architect, Mr. Paul Fulbright, met with Mr. Huang and Mr. McCreary. In response to Mr. Huang°s request, Mr. Fulbright provided a written report outlining remedial health and safety measures that would be pursued by Mr. Fairbanks base on the notice and order and Mr. Fulbright's personal inspection. Mr. Huang rejected this report, insisting that these remediation measures were insufficient and that the entire property must be inspected for any Building Coda violations. Mr. Huang then sent a letter to Mr. Fairbanks, dated April 14, 2011, requiring remediation measures that went far beyond the authority allotted to him under Resolution 4161, requiring evidence establishing the construction date of the Residences and disavowing the application of the historic building codes. On May i 0, Mr. Fairbanks, Mr. Fulbright, and Mr. Eric Stovner, Mr. Fairbanks's engineer, met with Mr. Huang and Mr. McCreary. Mr. Fulbright and Mr. Stovner provided reports providing their professional opinions as to what constitutes health and safe violations and appropriate remediation measures consistent with their understanding of the Board Resolutions. , At this meeting, Mr. Huang stated he would review the reports but stated to Mr. Fulbright a day later, on May 11, 2011 that structures were unsafe, as demonstrated in his letter dated May 16, 2011. Mr. Fairbanks was given thirty (30) days to submit plans and calculations for as yet unspecified remediation work. in response, Mr. Stovner issued a certified letter stating the structures were safe and suitable for habitation so long as Mr. Fairbanks installed a temporary sure up beam in the garage.14 Mr. Fairbanks performed the prescribed corrective work, and requested an extension of the thirty (30) day deadline so that the extent of any additional corrective work could be determined. Without further notice or response to Mr. Fairbanks' request for an extension of time, Mr. Huang issued the Notice and Order on Thursday, June 16, 2011. The Residences and the recreation room were also "red-tagged," and the existing tenants were ordered to vacate the premises by Monday, June 20 at 4:00 p.m. The tenants of the Residences vacated prior to the deadline. This application is made in order to obtain a hearing before the Planning Commission and/or the Planning Commission sitting as the Building Board of Appeals, to request that the City's Building Official and/or Code Enfarcement Officer be directed to comply with the requirements and intent of Resolution 4161. 13 Attached as "Attachment E" and "Attachment F." 14 Attached as "Attachment C°s," S..LPPa t~iTLLz ~ ?'~,3~Fi""EJi & ~,R'ti.P a ON I.LP Chairperson Kozak and the Building Board of Appeals June 24, 201 l Page 6 II. Resolution 4161 Ys Final As A Decision Of The Btuildin Board Uf Anneals Resolution 4161, adopted by the Board on December 14, 2010, states: "The property owners are herby ordered to comply with the requirements of the Notice and Order identified in the staff report dated October 26, 2010, and attached hereto as 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." Pursuant to Tustin Building Code Section 8101(0), A113.1.1, "[t]he Building Boazd of Appeals... shall render its decision and findings on contested matters, in writing to the Building Official, with a duplicate copy thereof to any appellant or contestant affected by such decision or finding." This Section further provides that an order of the Building Board of Appeals is immediately final. Under the terms of Resolution 4161, Mr. Huang was required to reasonably determine necessary and appropriate remediation measures to ensure that there are no health and safety violations in regards to the Residences only. He was not permitted to make demands that the Residences, carport, and recreation room be brought into compliance with 2010 Building Code standards, as the Board had already determined that the full scope of current building standards should not apply. During the course of the above-mentioned meetings and correspondences from March to May 2011, both Mr. Stovner and Mr. Fulbright provided proof and their professional assurances to Mr. Huang that the Residences are structurally sound and suitable for habitation. Regardless, Mr. Huang persists in requiring Mr. Fairbanks to remedy any and all aspects of the Property that do not meet the standards of the 2010 Building Code, not just health and safety concerns. He is further requiring Mr. Fairbanks to bring a recreation room on the Property into conformity, despite the fact this structure was not at issue in Resolution 4161. Mr. Huang has clearly overstepped the Boards' final order and the directive of Resolution 4161. Further, Mr. Huang continues to demand that Mr. Fairbanks, Mr. Fulbright and Mr. Stovner provide copies of building permits or other evidence in order to support their professional determinations regazding construction dates of the Residences. For example, in a letter dated May 16, 2011, Mr. Huang demanded Mr. Fairbanks restore all the buildings on the Property to 2010 Buildings Code standards because he has been unable to prove construction dates. Not only is this out of the purview of Resolution 4161, but is also counter to the evidence provided at the December 14, 2010 hearing that demonstrated all building permits and job records were destroyed in 1959 pursuant to a City Council mandate. As stated above, these structures and subsequent improvements were constructed prior to 1959. Therefore, not only is Mr. Huang going beyond the scope of Resolution 4161 by requiring the Structures meet 2010 S~EPP.~SfiD °r4L-~~.7~1~ :RICt~'3'b;R & I~.43iPRY?~ I.Lk' Chairperson Kozak and the Building Board of Appeals June 24, 2011 Page 7 standards and not just remediation of health and safety concerns, but he is basing this directive on something the Board has recognized to be impossible to prove. III. And Is Deficient Under the UCADB, cited in the Notice and Order, a building official must inspect the building or cause the building to be inspected and determine the building is dangerous prior to commencing proceedings and issuing a notice and order. UCADB § 4.01(A). The notice and order issued by the building official must include a statement from the building official that the building is dangerous. UCADB § 4.01(B)(2). The notice and order must also include a brief and concise description of the conditions found to render the building dangerous under the provisions of UCADB Section 4.02(B)(2). The Dangerous Building Notice and Order dated June lb, 2011 does not comport with these requirements and is, therefore, fatally deficient. While the letter is signed by Mr. Huang, there is no indication in the letter ar in the attached exhibits that Mr. Huang inspected the property. In fact, the letter itself states that the evidence used to support this Native and Order was observed by third parties, namely Mr. Stovner and Mr. Fulbright, professionals independently commissioned by Mr. Fairbanks to inspect the Property. The letter further conceded that IVIr. Huang only inspected "visible parts" of the Property. The Dangerous Building Notice and Order is deficient because it is not based on the Building Official's inspection, or evidence gathered by individuals he caused to inspect the property. Further, Exhibit A attached to the Notice and Order provides further support that the required statement declaring the building as dangerous is based upon evidence provided by individuals employed by Mr. Fairbanks and not Ivlr. Huang or individuals commissioned by Ivlr. Huang to inspect the property. Exhibit A does nat include a date, a preparer's name, or any identification of Mr. Huang as the author of this document. Instead, every alleged Building Code violation cites the letters of Mr. Stovner and Ivlr. Fulbright as the source of the information. This cannot qualify as a statement from the building official as required by UCADB Section 4.02(B)(2). This deficiency, as well as Mr. Huang's failure to independently inspect the Residences, constitutes fatal deficiencies that render the Notice and Order null and void. Additionally, the Notice to Vacate posted in conjunction with the Notice and Order was deficient and defective. The UCADB allaws for the vacation of tenants of the building, but requires that a notice to vacate be posted upon each exit of the building. UCADB § 4.04(a). Only two (2) Notices to Vacate was posted on the Property, on which there is a clear exit for each of the theee (3) structures that are apparently the subject of the notice. Additionally, the Notices to Vacate were posted to the carport posts and not any structural exit. S€i~Pa'.U .Y,"c;T.I,I~: ^~I~'P'i'F:t~ & RA;1#P"s'~'~ I,~,P Chairperson Kozak and the Building Board of Appeals June 24, 2011 Page $ IV. The Dannerous Building Notice And Order Violates Procedural Due Process Due process is the theory of law which limits governmental powers and authority. Under American jurisprudence, the due process clauses of the Fifth and Fourteenth Amendments prohibit the federal and state governments, respectively, from depriving any person of "life, liberty, or property, without due process of law." U.S. Const. amend V, § 3; U.S. Const. amend XIV. Similar to the federal due process clause, the due process clause of the California Constitution has been interpreted to require "reasonable notice and an opportunity to be heard before a governmental deprivation of a significant property interest." Horn v. County of Ventura (1979) 24 Cal.3d 605, 612; Goldberg v. Kelly (1970) 397 U.S. 254, 267. These procedural due process requirements have been held to include the right to a fair hearing.. Gai v. City of Selma (1998) 68 Cal.App.4th 213, 219; see also, Morongo Band of Mfsslon Indians v. State Water Resources Control Bd. (2009) 45 Cal.4th 731; Nasha LLC v. City of Los Angeles (2004) 125 Cal.App.4th 470. Proper notice must be given prior to any decision that eliminates an individual's right to property. Horn, supra, 24 Cal.3d at 617. Proper notice must adequately describe the activity requested and "must, at a minimum, be reasonably calculated to afford affected persons the realistic opportunity to protect their interests.i15 Such notice has not been provided, and Mr. Fairbanks and his tenants were deprived of their property in violation of clear procedural due process rights. Since the Board issued Resolution 4161, Mr. Fairbanks has continuously attempted to engage Mr. Huang and the City in a meaningful discussion regarding the scope of remedial measures required under the Board's final order. Mr. Huang, in return, has consistently denied Mr. Fairbanks' request for clarification and specification. On April 5, 2011, Mr. Huang provided Mr. Fairbanks with a list of general code requirements with corresponding code sections from the various building codes implemented by the City since 1927. This was an internal document, as conceded by Mr. Huang, and did not articulate specific violations or remedaation measures applicable to the Property. In response, on April 21, 2011, Mr. Fairbanks provided Mr. Huang with a list of issues and potential remedial measures recommended by Mr. Fulbright to be consistent with the Board's Resolutions. Mr. Huang did not respond to the list provided by Mr. Fairbanks, and never instructed 15 "(D)epending on the magnitude of the project, and the degree to which a particular landowner's interests may be affected, acceptable techniques might include notice by mail to owners of record of property situated within a designated radius of the subject property, or by posting of notice at or near the project site, ar both. Notice must, of cawse, occw sufficiently prior to a final decision to permit a `meaningful' predeprivation hearing to affected landowners," ~ril:"lt"&LI ~1VLU4"? .~~.~YL3l x~'?..Pi q~Z d3t~:tt~' ;. it.~t~ d ~~k Chairperson Kozak and the Building Board of Appeals June 24, 2021 Page 9 Mr. Fairbanks to commence the xemediation process based upon this document. Mr. Fairbanks, and his professional consultants, remain uncleaz as to what corrections are required to bring the Residences to the standard ordered by the Board. On May 16, Mr. Huang instructed Mr. Fairbanks to provide validation that the structures were suitable for occupation, which Mr. Fairbanks complied with by providing the opinions of his professional consultants, on May 18, 2011. Mr. Huang also instructed Mr. Fairbanks to draft a plan and list of calculations to be submitted to the City, still without any indication of what violations must be corrected in the interest of health and safety. The first notice that Mr. Fairbanks received as to what measures were required to comply with Resolution 4161 was the June 16, 2011 Notice and Order. This was also the notice that declared 1us buildings substandazd for occupation and required permanent vacation of the existing tenants under threat of criminal sanctions. This notice was not reasonably calculated to afford Mr. Fairbanks or his tenants the ability to protect their property interests. Further, this notice provided Mr. Fairbanks no opportunity for a hearing before unbiased officials prior to deprivation of substantial property rights. The Notice and Order, in sum, is a clear violation of Mr. Fairbanks' procedural due process rights as it did not provide adequate notice and eliminated any chance for Mr. Fairbanks to obtain a predeprivation hearing. Therefore, the Notice and Order should be rescinded effective immediately. There is also a cleaz conflict between the Notice and Order and the Notice to Vacate, in that the Notice and Order purports to be an administrative citation without criminal sanction, but the Notice to Vacate contains a cleaz criminal (misdemeanor) sanction. The conflict between these notices also constitutes a violation of procedural due process, such that the Notice to Vacate must be removed and the Residences be permitted to be released. V. Conclusioa For all the reasons above, we request that this Board direct the Building Official to comply with the instructions and directives of the Resolutions. We further request that the Board instruct the Building Official to reasonably determine the necessary and appropriate remedial measures to be taken by Mr. Fairbanks, consistent with the Board's directive and not based on strict compliance with 2010 Building Code standazds. Finally, we request that the Boazd instruct the Building Official immediately to rescind the Notice and Order and remove the Notice to Vacate from the Property. On behalf of Mr. Fairbanks, we sincerely appreciate your consideration of this request and our concerns. S1~P~'.4?i- ~'~~~.it! ,.1~;}i~"~lt & F3t~.:113'T~~4 :.LA Chairperson Kozak and the Building Board of Appeals June 24, 2011 Page 10 Very truly yours, ~ ~;~ Whitney A. Hodges for SHEPPARD, ML'LLIN, RICHTER & 1:[AMPT®A3 Lt,p W02-WEST:3 WAHI W03650358.3 Enclosures Attachments A - G cc: Mr. Bret Fairbanks (via email Bret@pacificpra,occoxmail.com) Douglas C. Holland, Esq, (via email DHoldand@wss-law.com) Mr. Y. Henry Huang (via email HHuang@tustinca.nrg) Ms. Elizabeth Binsack (via emaid EBinsack@tustinea.nrg) Mr. Brad Steen (via email BSteen@tustinca.org) bbc: Deborah M. Rosenthal, AICP, Esq. Mazguerite P. Battersby, Esq. ATTACHMENT A RESOLtJTIC)N N0.4161 A RESOLUTION OF THE BOARD OF APPEALS OF T HE CITY OF TUST(N, MODIFYING THE NOTICE AND ORDER FOR BUILDING CODE VIOLATIONS AT THE PROPERTY AT 524 PACIFIC STREET {ASSESSOR'S PARCEL NO. APN 401-371-07) The Board of Appeals of the City of Tustin does hereby resolve as follows. I. The Board of Appeals hereby finds and determines as follows: A. that, on July 27, 2014, Bret Fairbanks, the current property owner af~52a Pacific Street, sent a letter requesting that City staff provide written verification Xhat 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 fetter informing Mr. Fairbanks that the property is zoned as Single Family Residential {R-1) and located within the Culture( Resources Overlay {CR) District and that accessory buildings used as guest moms are only allowed as conditionally permitted uses within the R-1 district, provided that no cooking facilities are installed or main#ained and that no compensation in any form is receirred, The fetter further informed the property owner that no permits or entitlement exist for the guest houses at the subject property; C. That, on September 10, 2410, City staff conducted an on-site assessment of the property at 524 Pacific Street. The assessment revealed that several unpermitted modifications and additions had been made to the structures that were net in compliance with Tustin City Cade and minimum Suitding Code requirements; D. That Pursuant th Tustin City Code Section 5543, on September 16, Za1 a, the Gity of Tustin sent notice of recordation of a Notice and Order for the property at 524 Pacific Street to Mr. Fairbanks. Said Notice and Order provided written notice of the existence of a public nuisance on fhe property as determined by the Enforcement Officer and required the correction of code violations related to unperrnitted structures construcfed in violation of the Tustin City Code including the City of Tustin Building Code and Zoning Code; E. That, pursuant to Tustin City Cade Section 55x3, the Enforcement C3fficer is defined as the Director of Community Development or any other person or City officer or employee to enforce property main#enanae, zoning, and other nuisance abatement regulations and standards of the City; F. Tha#, cn September 22, 2010, Bret Fairbanks, the current property owner of 520 Pack Street, filed an appeal of the Notice and Order for the declaration of public nuisance at his prapetty; Resolution No. 4181 Page 2 O. That an October 14, 2a1a, the Gity gave public native by publlration in a newspaper of general circulation, by pasting the project site, and by mailing. to ail property owners within 344 feet of the subject site of the holding of a public hearing at which the appeal would be ~nsldered; H. That on October 2S, 2014, a duty called, and noticed public hearing at which 6nterested persons had an opportunity to testify in support of, or in opposition to, the appeal and at which the Planning Commission, acting in its capac°riY as the Board of Appeals, considered the appeal of the Notice and Order flied a# 520 Pacific Street. The Planning Commission continued the item to November 9, 2x10 meeting and directed staff to do additional research on the property and to meet with Mr. Fairbanks to discuss possib,Pe alternatives to resolve the appeal. However, the correction measures discussed were not acceptab~ t+a the appellar~ 1. That on November 9, 2010, the Planning Commission, acting in its rapacity as the Board of Appeals, considered the appeal of the Notice and Order flied 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 8, 1981, of which only the Zoning Code matters were affected; J. That on December 1~, 2a10, 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 #estimany 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 GaNfomia Building Code or the rules legally adopted thereunder have been incorrectly interpreted; the provision of such rode does rat fully apply; or, an equally good or better form of construction is proposed; L. That, pursuan4 to Section 112 of the City of Tustin's adopted Cal+fomia Building Code, the Planning Commission, acting 8s Board ofAppeais, shall not have authority relative to interpretation of the administrative provisions of the Tus#in Building Code or to waive requirements of such ,code. Further, the hearing shall be de novo and the Board of Appedls 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, 201 a, and December 14, 2010, the Qoard of Appeals considered evidence supporting the +i:nforcemertt Officer's detemninaGon that a public nuisance condition exists at the subject property due to the present violations of the following Buikting Cade section: Resoluttan No. 4161 Page 3 California Building Cade A105.1 (adapted per Tustin City Cods 81ga) - Permits Required. Any owner Qr authorized agent who intends to construct, enlarge, sitar, repair, move, demolish, ar change the occupancy of a building ar 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 ta.cause any such work to be dank, shall first make application to the building official and obtain the required permi#. (Prior staff reports and attachments are attached hereto in Exhibit A) N. That the Ci#y of Tustin was incorporated an September 19, 1927, and the subject property is to+cated within the original City boundaries. The pause and detached two story garage were constructed Juiy 3, 1929, and the first published building node, the 1927 Edition of the Uniform Building Code, was adopted by the City of Tustin on dune 3, 1929. This was the Building Code in effect at the time of original construction; O. That there is substantial evidence that the violations identified in the Notice and Order exist as evidenced by the Building Code viatations observed on a cursary 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 Native and Order demonstrate that substandard housing and property maintenance conditions exis# which create a dangerous condltian at the subject property due to the present violations of the California Building Code as adopted per Tustin City Code 8100; and Gl. That the Board of Appeals has the right to employ qualified individuals to assist in its investigations and in making findengs and decisions. Staff comrnissioned a third party survey and evaluation provid®d 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 Cade violations. (Shown in Exhibit A). !i. 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 order+sd to comply with the requirements of tha Notice and OrcJer 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. 41+61 Page 4 PASSEO ANO AO+DP'TEp by the Board of Appeals of the City of Tustin, at a regular meeting on the 14th day ®f December, 2010. Y. Henry Huang, p.E., CB.C3. Board of Appeals Secr~stary STATE ()F CAl_ll~ORNIA } COUNTY ®F ORANGE' } CITY t~F TUSTtN ) Steve k Chairperson 1, Y'. Henry Huang, the undersigned, hereby certify that I am the Board of Appears Secretary of the Board of Appeals of the City of Tustin, Califarrmia that Resolution No. 4161 was duly passed and ado at a regular meeting of the ~'ustin Board of Appeals, held on the 14th day of ®ecember, 2410. Y. Henry Huang, P.E., G.B.O. Building dfficial ATTACHMENT B Community Development Department Posted on property and sent by Certified and First-Class Mai! June 16, 2011 Bret and Stephanie Fairbanks 520 Pacific Street Tustin, CA 92780•-4329 TUSTIN BUILDING OUR FUTURL• 1'IONORING OUR PAST NOTICE AND ORDERiPRE-CITATION NOTICE DECLARATION OF DANGEROUS BUILDINGS Property Address: 520 Pacific Street Assessor Parcel Number: 401-371-07 Case Number: V10-0312 Subject: Upper Dwelling Unit and Rear Dwelling Unit, Garage, Carport and Recreation Building Dear Mr. and Mrs. Fairbanks, On September 16, 201Q a Notice and Order was issued for noncompliance with various provisians of the City of Tustin Building Cade. The Notice and Order was appealed and on December 14, 2010, the Tustin Planning Commission (acting in its capacity as the Board of Appeals per Tustin City Code (TCC) Section 8101 and acting as the appeal hearing body per TCC Section 9242) adopted Resolution No. 4161 affirming the Notice and Order for Building Code violations at 520 Pacific Street. Since adoption of Resolution No. 4161, discussions have been ongoing between you, your representatives, and Building Division staff regarding Building and Housing Code compliance. In addition, on or about May 4, 2011, City staff received a report from your structural engineer, Eric C. Stovner, which recommended structural modifications required to bring the subject buildings into conformance with the California Building Standards Code (CBSC}. We are also in receipt of correspondence from your architect, Paul Fulbright, which recommended a number of required upgrades necessary to address various code requirements to obtain permits and correct these structural issues or other Building and Housing Cade violations on the property. Based on evidence observed by Dennis McCreary, P.E, CBO, City of Tus#in, Building Division, Principal Engineer, third party review by Scott Fazekas, A.LA., Bryan Healy, Orange County Fire Authority, the owner's structural engineer Eric Stovner, S. E, the owner's architect Paul Fulbright, A.I.A., and myself (on the visible parts alone), and a review of the Uniform •Code for the Abatement of Dangerous Buildings (UCADB), 1997 Edition, the subject buildings are hereby deemed to be "dangerous buildings' (Sections 301 and 302), and additionally based on 30() Centcrmial Way, Tustin, C.:A 92780 * C': (7l4) 573-3100 a 1=: (714) 573-3113 • www.tustinca.org Notice and ®rder at 520 Pacific Street Casa # V10-0312 ~)une 1B, 2011 Page 2 the Uniform Housing Cade (UHC), 1997 Edition, the subject buildings are hereby declared to be "substandard buildings° (Section 1001.1}. Based only on limited visual evidence, such condition or multiple defects exist on the property to the extent that the fife, health, property or safety of the occwpant(s} islare endangered. Pursuant to Section 404.2 of the UCADS, observations and findings reciting the emergency and specifying the conditions which necessitate the posting are attached here#o in Exhibit A. Notice and Order 1. You are hereby notified and orderf:d to vacate, secure, and maintain the subject structures against entry by no later than 4:Of~ p.m., Monday, .lone 20, 2011. No person may enter or occupy the subject structures unless acting in an authorized manner to assess, perform or inspect the repair and/or removal of the violations. 2. You arm also hereby directed, within thirty (30} calendar days of the date of service of this Notice and Order, to obtain ail City its necessary to 1}repair, and/or 2) remove all code violations to the satisfaction of the City of Tustin Building +Dfficial. Failure to comply wifh this Notice and Order within the time specified above will result in the issuance of an administrative citation pursuant to Tustin City Code 1162(x) (reference Exhibit B attached hereto for additional information) andlor the referral of this ma#er to our City Attorney far further legal acfion. You or any person having any record title or legal interest in the property may appeal the notice and order pursuant to Section 501.1 of the UGADB within thirty (30) calendar days from the date of service of this Notice and Order. Pursuant to Section 504 of the UCAIJB, the filing of an appeal shall not stay the above Notice and Order to uacate, secure and maintain the subject structures against entry. Failure to appeal in accordance with the provisions of Section 501 shall constitute a waiver of ail right to an administrative hearing and adjudication of the Notice and Order or any portion thereof. Should you have any questions regarding this notice, please contact me drrectly at (y14} 673- 3130. Sincerely, Y Ftenry Huang~a!E., C.B.O. wilding Cfificiai Attachments: Exhibit A - ®bservations and Findings Supporting a Determination that ©angerous Buildings Exist at 520 Pacific Street. Exhibit B -Administrative Citation information Notlce and Order at 624 Pacific Street Ca3e # V14-4312 June 1 B, 2411 Page 3 cc: Elizabeth Binsack, Community Deveiopmant Dtrectar Doug Halland, City Attorney Bryan Healy, UCFA iJana C7gdart, Assistant Director of Community Development Dennis McCreary, Principal Engineer Amy Thames, Seniar Planner Scan Fazekas, A.l.A. Pau! Fulbright, A.I.A. 1=ric Stavner, S.E. File ~xi~i~ A Exhibit A; observations and Findings Supporting a Determination that Dangerous Buildings Exist at 5~U Pacific Street Based on evidence observed by Henry Huang, P.E, CBO, City of Tustin Building Official, Dennis McCreary, P.E, CBO, City of Tustin, Building Division, Principal Engineer, third party review by Scott Fazekas, R.A., Mr. Bryan Healy, Orange County Fire Authority, the owner's structural engineer Eric Stovner, S. E, and the owner's architect Paul Fulbright, A.I.A. (on the visible parts alone}, and the review of the Uniform Code for the Abatement of Dangerous Buildings (UCADBj, 1997 Edition, the subject buildings are hereby deemed to be "dangerous buildings" (Sections 301 and 342}, and additionally based on the Uniform Housing Cade {UHCj, 1997 Edition, the subject buiiding5 are hereby declared to be "substandard buildings" (Section iD01.1}, Such condition or multiple defects exist on the property to the extent that the life, health, property or safety of the occupant(sj isJare endangered. The following dangerous conditions or muitiple defects have been observed on the property reciting the emergency and specifying the conditions which necessitate the posting: Existing Building Conditions: 1. UCADB Section 302 Item S and UHC Section 1041.3. Beam supporting second story dwelling unit is cracked and therefore jeopardizing supporting system of second story. CBC Section 3105.3 requires damaged gravity load-carrying components to be repaired or replaced. Mr. Eric Stovner's letters dated Mayo and 25, 247.1 stated he observed and noted this violation. 2. UCADB Section 342 item 3 and UHC Section 1001.3. Carport structural members are not of adequate sire to support roof loads and not designed in accordance with C8C Section 1604.1 and if loaded could collapse. Mr. Eric Stovner's letter dated May 4, 2011 stated. he observed and noted this violatior. 3. UCADB Section 342 item 8 and UHC Section 1007,.3. Foundation supporting stairway to second story dwelling unit is not adequate and causes the exit door from the upper .dwelling unit to become inoperative and creates a hazard in case of fire or panic. Mr. Eric Stovner's letter dated May 4, 2411 stated he observed and noted this violation. 4. UCADB Section 342 Item 2 and UHC Section 1001.12. Stairway intermediate guards and risers are nat provided and thus a fall hazard exists. Further, this condition is not in compliance with CBC Section 1013. Mr. Paul Fulbright's fetter dated April 21, 2011 {Item 2fj stated he observed and noted this violation. 5. UCADB Section 302 Item i and UHC Section 1001.12. Exterior stairway for second story unit is r~ not in a safe location to afford exiting during a fire dei?med as 10 feet from property line by California Building Code, 2010 Edition (CBCj, Section 1027.3. Mr. Paul Fuibrlght's fetter dated April 21, 2011 (Item 2gj stated he observed and noted this violation. 6. UCADB Section 302 item 14 and UHC Seetion 1001.13. Fire resistive wails between the units and adjacent garage are not provided: Fire resistive walls and window protection adjacent to the property line on the second story are not provided. Fire in an adjacent unit, garage or adjacent building could spread quickly and therefore overcome occupants. Fire resistive assemblies are required for the above mentioned locations in CBC Sections 705, 707, and 709. in addition, there are several electrical installations that pose a danger (unprotected and non-attached Romex wiring, non-GFCI outlets In the bathrooms and kitchens, heating installations, etc.) and there are no smoke detectors or alarms in the sleeping areas. Mr. Paul Fulbright's letter dated April 21, 2011 (Items 2a and 4aj stated he observed and noted these violations. 7. UHC Section 1002.5. Electrical wiring in the garage area is improper{y installed. Improperly installed conductors and without proper required fire resistive material from the dwelling unit above can be a serious hazard to the occupants In the upper dwelling unit. Mr. Paul Fulbright's letter dated April 21, 2011(Items id and 4b} stated he observed and noted this violation. 8. UHC Section 1001.7. The furnace in the second story dwetiing unit does not meet clearance requirements and creates a potential fire hazard. Mr. Paul Fulbright's fetter dated April 21, 2011 (item 2b) stated he observed and noted this violation, 9. UHC Section 10015. Exposed electrical wiring next to unpermitted furnace in the second story unit can.. cause a potential frre hazard. Mr Paul Fulbright's letter dated April 21, 2011 (item 2c) stated he observed and noted this violation. 10. UHC Section 1001.13. Operating smoke detectors are not installed within the sleeping areas of the upper and rear dwelling units as required by state code and therefore occupants may not have adequate warning of a fire. Mr. Paul Fuibright's letter dated April 21, 2011 (Items 2i and 5h) stated he observed and noted this violation. 11. UHC Sections 1001.3, 1001.6 and 1001.7. Mechanieal, electrical, and plumbing (including gas and water) installation work may pose a fire and water hazard. Mr. Paul Fulbright's letter dated April 21, 2011 (item id) stated he observed and noted this violation. 12. UHC Section 1001.5. Electrical outlets in bath the wet areas of the kitchen and bathrooms in both dwelling units are non-GFI type of receptacles, which pose a potential electrical shock and fire danger to occupants. Mr. Paul Fulbright's letter dated April 21, 2011 (Items 2j and 5i}stated he observed and noted this violation. 13. UHC Sections 1001.2, 2001.5 and 1001.6. Plumbing and electrical installed in the kitchens may create fire hazard, water damage and inadequate sanitation. Mr. Paul Fulbright's letter dated April 21, 2011 (Item 2d} stated he observed and noted this violation. 14. UHC Section 1001.7. Gas heater attached to wood siding and gas line in the rear dwelling unit poses a potential fire hazard due to its proximity to combustible material. Mr. Paul Fulbright's letter dated April 21, 2011 {Item Sb) stated he observed and noted this violation. 15. UHC Section 1001.6. Unsecured and exposed gas Pine on the interior of the rear dwelling unit poses a potential gas leak and Lire hazard. Mr. Paul Fulbright's letter dated April 21, 2011 (Item 5f} stated he observed and noted this violation. 16. UHC Section 1001.6. Added shower and floor area onto original structure may create water damage and inadequate sanitation, Mr. Paul Fulbright's letter dated April 21, 2011 {item 2e) stated he observed and noted this violation. 17. UHC Section 1001,3. Foundations for the dwelling units and the recreation/storage building should be investigated to determine if the foundation provides adequate structural bracing and support for the structures. Mr. Paul Fulbrigh#'s letter dated April 21, 2011 (Item ib) refers the matter to Mr. Stovner and no further response was given. 18. UHC Section 1001.3. Wood posts at canopy of recreation room have rat at bottom and therefore need repair to mediate structural hazard. Mr. Eric Stovner's letter dated May 4, 2011 stated he observed and noted this violation. 19. UHC Section 1001. 5. Unsupported electrical metal conduit (CNiT} between the garage and house is subject to potential damage and failure and poses a potential electrical and fire hazard. Mr. Paul Fulbright's letter dated April 21, 2011 (Item 3c} stated he observed and noted this violation. 20. UCADB Section 302 Item 14. Exposed insulation in the kitchen area of khe rear dwelling unit appears to be straw and therefore a high flame spread rating and fire hazard. Mr, Paul Fulbright's letter dated April 21, 2011 (Item 5g} stated he observed and noted this violation. 21. UCADB Section 302 Item 14 and UHC Section 1001.13. North exterior wall of the recreation room is in close proximity to the properky line and poses a fire hazard. Mr. Paul Fulbright's letter dated April 21, 2011 (Item 6d) stated he observed and noted this violation. Determl»at/o» of the Building ®f~cial: The subject buildings have been identified as having the conditions or multiple defects described above. Therefore, the sufaject Buiidings are in vtotation of the uniform Code for the Abatement of iangerous 8uiidtngs, the 1Jnifarm Fioustng Code, arsd the California Fre Cade, as identified In the referenced items below, and are therefore determined to be "dangerous buildings". Uniform Code for the Abatement of pangerous i3~aildings Uniform Code for the Abatement of ®angerous Buildings, Section 302 states, "Far the purpose of this code, any building or structure which has anv or all of the conditions or defects hereinafter described shall Be deemed to be a dangerous building, provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or its occupants are endangered:' "1. Wherever any door, aisle, passageway, stairway or other means of exit is not of sufficient width ar size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic." Refer to Existing Building Conditions noted above, Item S. "2. Whenever the walking surface ar any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic." Refer to Existing Building Condition noted above, Item 4. "3. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one hal€ times the working stress or stresses allowed in the Building Code for new Buiidings of similar structure, purpose or location:' Refer to Existing Building CondlCton noted above, Item 2. "5. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodge, or to collapse and thereby injure persons or damage property:' Refer to Existing Building Condition noted above, Item 1. "8, Whenever the building or structure, or any portion thereof, because of {i) dilapidation, deterioration or decay; {ii} faulty construction; (iii) the removal, movement of instability of any portion of the ground necessary for the purpose of supporting such building; {iv) the deterioration, decay or inadequacy of its foundation; or {v) any other cause, is likely to partially or completely collapse." Refer to Existlhg Building Condition noted above, Item 3. "9. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which It is Being used." Refer to all violations at the property. "14. Whenever any building or structure which, whether or not erected In accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion less than 50 percent, or in any supporting part, member or portion tess than 66 percent of the {I) strength, (li) fire-resisting qualities or characteristics, or (iii) weather-resisting quaQties or characteristics require by law in the case of a newly constructed building of like area, height and occupancy In the same location." iiefer to Existing Building Condition noted above, Items 6, 20 and 21. "16. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard,'° Refer to existing Building Code noted above, Items 3-9,11, 14, 19, and 21. Unifors» Housing Gode 1001.1 General. "Any building or portion thereof that is determined to be an unsafe building in accordance with Section 102 of the Building code , or any building or portion thereof, including any dwelling unit, guest roam or suite or rooms, or the premises on which the same is located, in which there exists any of the conditions referenced in this section to an extend that endanger the life, limb, health, property, safety or welfare o f the pubic oc the occupants thereof, shall be deemed and hereby are declared to be substandard buildings." The subject buildings have conditions described in the referenced items hereinafter and therefore deemed to be a "substandard buildings". 1001.2 Inadequate Sanitation. "Buildings or portions thereof shah be deemed substandard when they are insanitary. Inadequate sanitation she#I Include, but not be limited to, the following: 6. Lack of adequate heating facilities. 13. General dilapidation ar improper maintenance. Refer to Existing Building Condition noted above, Items 8 and 13." 1001.3 Structural Hazards. "Buildings or portions thereof shall be deemed substandard when they are or contain structural hazards. Structural hazards steal! Include, but not be limit to, the following: 1. Deteriorated ar inadequate foundations, 2. Defective or deteriorated flooring or floor supports. 3, Flooring or floor supports of insufficient size to carry imposed loads with safety. 6. Members of ceilings, roofs, ceiling of roof supports, or other horizontal members that sway, split or buckle due to defective material or deterioration. ?, Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety." Refer to Existing Building Condition noted above, Items i, 2, 3,11,17, and 18. 1041.5 Hazardous Electrical Wiring. "Electrical wiring that was installed in violation of code requirements in effect at the time of installation or electrical wiring not Installed in accordance with generally accepted. construction practices in areas where no codes were in effect or that has not been maintained in good condition or that is not being used in a safe manner shall be considered substandard:' Refer to Existing Building Condition noted above, Items 7, 9,12,13, and 19. 1001.6 Hazardous Plumbing. "Plumbing that was installed in violation of code requirements in effect at the time of installation or plumbing not installed in accordance with generally accepted construction practices in areas where no codes were in effect or that has not been maintained in geed condition or that is not free ofcross-connections or siphonage between fixtures,shalt be considered substandard." Refer to Existing Building Condition noted above, Items 11, 13, 15, and 16. 1001.7 Hazardous Mechanical Equipment. "Mechanical equipment that was installed in violation of code requirements in effect at the time of Installation or mechanical equipment not installed in accordance with generally accepted construction practices in areas where no codes were in effect or that has not been maintained in good and safe conditions shall be considered substandard." Refer to Existing Building Condition noted above, Items 8,11, and 14. 1001.12 Inadequate Exits. "Except for those buildings or portions thereof that have been provided with adequate exit facilities conforming to the provisions of this code, buildings or portions thereof whose exit facilities were installed in violation of code requirements in effect at the time of their construction or whose exit facilities have not been Increased in number or width in relation to any Increase in occupant load due to alterations, additions or change in use or occupancy subsequent to the time of construction shall be considered substandard. Notwithstanding compliance with code requirements in effect at the time of their construction, buildings or portions thereof shah be considered substandard when the building official finds that an unsafe condition exists through an improper location of exits, a lack of an adequate number or width or exits, or when other conditions exist that are dangerous to human life:' Refer to Existing Building Condition noted above, Items 4, and 5. 1001.13 Inadequate Fire-protection or Firefighting Equipment. "Buildings or portions thereof shall be considered substandard when they are not provided with the fire-resistive construction or fire- extinguishing systems or equipment requ#red by this code, except those buildings ar portions thereof that confirmed with ail applicable laws at the time of their construction and whose fire-restive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved fn relation to any increase in occupant load, alteration ar addition, or any change in occupancy." Refer to Existing Building Condition noted above, Items 6,10, and 21. California fire Cade California Fire Code (CFC}, 2010 Edition, regulations are applicable to the subject buildings. CFC regulations address fire life safety such as fire-resistive construction, exiting, fire sprinkler and alarm systems, CFC in Section 1A0 addresses "unsafe buiiding" including notification, fines, and abatement. Though not specifically detailed in this Notice and Order,. the subject building violates several regulations in the CFC. xhi~ifi ~ EXHIBIT B ~` Administrative Citation Information in accordance with Tustin City Code (TCC) 1162{d), fines may be assessed by means of an administrative citation as follows: $100.00 far 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 frrst violation. Suiiding and Safety Code (TCC Sec. 8100 - 8998) 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 tha first violation; or $1,000.00 for a third or any further violation of the same ordinance or permik within ane year of the first violation. The City may also take further legal action including issuing tha responsible person(s) a criminal citation and/or abating the violation(s) with the cost of such abatement andlor prosecution assessed against the responsible person(s), the property owner{s), and/or the property as a lien. Should an administrative citation be issued, the responsible person has ten (10) days from the Issuance date of the administrative citation to pay the corresponding citation tines}. Additionally, the responsible person must take one of the following actions to avadd additional penalties prior to the compliance date specified in the adrninisfrative citation: 1 j Correct the violation, pay the correspanddng 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 adminis#rative citation pursuant to TCC 11136 within ten {10) days from the date of the administrative citation, together with an advanced deposit of the corresponding fine{s}, Request for ~iearing forms and other information on administrative citations may tae obtained on the City's website at wv~~~w.tustinca.ora. C~tDocamems and SettMesWo6doeµecM Sottl~stromporary Axvmet filestCamant.OutiooRN6E9Y]S6tFJW 1&r a pLda94~809 ATTACHMENT C £ ~ ~?~ ' }} ~ ,* .. r w X' z . J'' ~ ~ ~ 4 $e r O } ~ ~ ~ ~ a ~ 4 `d ~;, T vw~ ~ spay ~ ~~~ ~. m& '~ o ~~ a ae ~ .tee{ >f~ r ~." ~ ~~:~ ~a,~, ', ~ ~ r•# 1 ~ ~ ~. :~ .~~ ~_ ~ ~ ..~Y~ ~~~ ~~ ~~ `: ~ ~ ~ > ~,~~ -tea` } ~ ~g ¢~ ~~ ~: a ~ ~ _~ ~ ~m ~~ ~ ~ ~~ ~,~ <_i. ~ ~~ ~ s r `~C ~ ~y ~` ...a <i"~~',~ E"°,~ t '~ ,~° Eta T i~3~"+ "~ ": ~ ' 6 3 ,,,: «i ~ . ~, ~ ~' N ti .-. _v ,, T ~F 3 %,,~._. '~' ~ ? rt a ~ r r ~ ~ ~ x two 8 .` ~ s ~~ 5 ~ s ~ y<` ~~, ;~ g ~a~ ~~ ~ ~ ~ ~~~ k ~r Y~ ~ ~~ ~ ~~} ~Y~ ATTACHMENT D _~ GENERAL CODE REQUIREMENTS F R ~. C ~~~ ~~~ / RESII3ENTIAL C~~VSTRUCTIQN 1927, 19~4b and ZQ10 Requirements 1927 UBC 1946 UBC 2010 CRC, CEG, CMC, CPC General and Administration • Certificate of Appropriateness for HlstarlcaB Site (zoning issue N/A N/A In effect since 1990 ~r Fees for San District, SCE, TUSD, OCFA, pW & Plannin 303 • Civil and So)Is Reports and Certifications Discretionary Discretionary Discretionary • Alternate Materials and Methods 302 105 R1.8.6 • Certificate of Oceupan 206 306 R110.1-.5 Occupan -Life safet : 2507 • Oeeupancy Group I (dwelling); J-i (garage) I (dwelling), 1-1(garage) R-1, R-3 (dwelling) U (Gera e • Types of construction walls, floor, teilin ) Chapters 22 8d 31 V-N (1702) V-N • Fire rating of exterior walls Dwelling 1403 Garage 1503 504, R302.1, • Allowable Floor Area Calculatian Dwelling 1402 Garage 1502 1402, N/A, • Interior Wall Covering If eXlstS 2507 (f) 8702 • Exterior Wall Covering, (.Felt, Stucco) 2205 2205 R703, R703.2, R703.6 • Roaf Sheathing 2208, Chapter 25 2111 R803 • Raof Ventilatfan (silent) (silent) 8806 • Roof Insulation (silent) (silent) 8906 • Spark Arrestor (silent) (silent) R1003.9.1 Wall insulatfan (silent) silent) R302,10 • Floor Insulation (silent) (silent) R302.10 • Attic Access 3205 3205 R8Q7 • Roof Covering Classification 2209, 4305 3201-3204 R902 • Roof Ceiling Construction 2208 Chapter 32 R801 • Conventional Roaf Chapter 25 fable 32-A 8802 • Truss System 2509, 3202 R$®2,10 * Exterior opening 1403, 1503 504 ~~~ ~~;~`wI ~ .. ~+"~/ GENERAL CQ~E REQTJIRE~tENTS FC~R RES~I~ENTIAL C~NSTRUCTiC~N 1927,194~i and 201U Protections (window, door, etc.) • Windows/ Anchorage to R6i2 wall • Window/Door Safety 3401 Chapter 34 R3Q8A, TCC8103 (p) Glazing /Security Code Security Code Appendix K 102 Note: renumbered by Ordinance 1374 • Ceiling height (silent 1405 R30S • Minimum Room Slze Silent) 1405 8304 • weather protection 2205 2217 8903 (sheathing, felt and fiashin • Masonry Fireplaces 3706 Eha ter 37 81001 • Garage Vents 1505 NA-Etter • Roof Drainage 3206 CPC 1101.11,1105, 8905 • Crawl Spate Vents 2204, 2205 CBC 1203, 8408 • Factary-Built Fireplaces 3706 81004 • Stair Headroom (silent) 3305 8311.7.2 ~ Riser Height/ Max. N/A, 3301 ref. 3305 8321.7.4.1 Variance between Risers • Tread Depth 3307, 3314 3305 8311.7.4.2 • Vertieal Rise 3307, 3314 3305 8311.7.5 • Stair Profile 8311.7.4.3 • Stairway Separation 3316, 3301 (stair Table 8302.1(1) from P. 1. location, paragraph 3, , Table 8302.1(2} read exemption) • Guards (height, spacing 3501 8312 of oats, ri ,strength) • Carport (strength, Chapters 15 & 25 1404 Table 8302.1(1), separation from dwelling Table 8302.1(2) Unit, footing, post to , concrete se aration) 8302.4 Fire and smoke Chapter 43 8302 resistance/protections: • Fire Blocking 2205 2510 8302.11 • Draft Stopping. 2205, ZS10 3105/ 3205 8302.12 • Fire Sprinkler System 8313 13D GENERAL CODE REQUIREMENTS FOR RESIDENTIAL CONSTRUCTION 192?, 196 and 2010 ~<_~' • Type and thickness of • 4715-4718 Table 8302 6 D all . • Structural companents 8302.4 ~- DU to garage Separation 503,1410 503 8302.6 + DU to DU Separation 503,1410 Table 5-13 8302.3 • Penetrations 2205 2508,3205,3105 8302 (Membrane j Through, Rated Boxes, Fire Pads} a Ducts (Flexor Rlgld) 5105 8302.5.2 • Fire/smoke/Cop alarms NjA 8314, 8315 • Materials for Interior 2206 2411 8702 interior (wall and calling) finishes 8703 exterior • Floor finishes • Exterior Lath 2205 Chapter 47 8703 8703.2 8703.6.1 ~ Egress width and N.A. 3301 3301.3302 8311 locations • Escape and Rescue 1405 3305 8310 Windows • No. of exits N.A.3301 1404 8311.2 • Light and Ventilation 1405 1405 8303 • Exterior Door Slze N.A. 3301 3303. 8311.2 • Stairs (handrails, guards, 3307, 3501 3305, Chapter 32 8311.7 stairways Stair Headroom, Riser 8311.7.7 handrails Height/Max. Variance 8311.8 ramps between Risers, Tread Depth, Vertical Rise, Stair Profile • Locks in Door 3305 Security Code ~,3316,thou h.3319 • Stud Sizes 2205 2507 8602.3.1 • Sill Plates 2205 2516 8602.3.4 • Floor Construction 2506 8502 Structural: 2108 • wall Construction 2505, 2507 8602 • Floor eapaclty (Dt., Ll} 2207, 2203 1810, 2304 Table 8502.3.1 8502.11 • Roof capacity (Ol, i.y 2208, 2305 . 2302 8802.10 Table 8802.4 (1) • Lumber grades, size, 2501, 2503 T25-D, 2502(a) Table 8802 4 8602 2 strength (Actual size of . . nomina11969, Stamp 1961) GE1VE~.AL C£}DE EUI~EMEi~TS F(}R RESIDE~iTiAL Ct~NSTRUCTIO~N 1927,1946 and 2010 + Post Sixes 2504, 2505 2505 CRC Section 8407.3 + Shear watt (type, length, Chapter 25 8602.10- 613.10.1 hold downs, etc. + Nails (size, spacing, Chapter 25 T25-E Table 8602.3.{ij sheathln nail schedule + lateral (xeismlc and 2307, let-ins Chapter 25, let-Ins wind) resistance - struduralanal sls Faundations -design, 2204, 2938 1804, 2802 8403 construction and mater{als • Raised Floor 2204 Cha ter 31, 3102 8403 8502 • Slab an Grade 2204 Cha ter 31, 3102 8403 RS02 • Type of Cement 2604 8404.1.2 8404.1.2.3.1 • Strength and Grade of 2606 2606 {T.26Aj CRC Section 8402.2 Concrete 8404.1.2.3.1 • Reinforcement ( 2204, 2604, 2610, 2611(T.26Bj CRC Section 8403 foundation, footing, 2622, Round or CMU) Square + Alkalinity of Soil Cha ter 28 CBC/ ACI + Capacity of Soil 2802 2804 CRC Section Table 8401.4.1 • Maisture Barrier (walls] 2205 CRC Section 8601.3 + Special inspection 204, 205 304 (aj 305 2414 CBC 1704 • Connection details of all 201, 2505,2506, 2507, Chapter 25 Structural eomponents, 2940 including anchor boils and hall downs- expand what prescriptive details are in the code Electrical: CEC + Service Size 100/200 230,78 (Cj am • Overhead Service 225.18 230.24 (Aj Clearance • Cold Water/ Gas pipe 250.104 Bond • Ground Fault Circuit 210.8 Interrupter + Combination Arc Fault 210.12 Protection • Required 15 and 20 210.11 210.50 4 QENERAL CODE REQ,UIREIVIENTS FQR RESIDENTIAL ~C}NSTRU'~TIQN 192'~,1~4b and 241A C amp duplex rece tacies 210.52 • Smoke Alarms 8314 • Carbon Monoxide Alarms R31S Mechanical; CMC • Heating, gas /electric Cha Eer 37 303.8 • Ducts and Insulation 3715 602 60S • Combustion Alr Cha ter 37 701 « Ventilation/ exhaust fans 402 • Chimney and Vents (Vent cannector, Materials, Size, length, 5u ort 3703, 3704 801 installation of Specific Appliances (clothes dryer vent, air conditioners etc. 3707, 3716 306.3 311 903 905 + Appliance location! rotection Chapter 37 307 Condensate disposal 309.1 Smoke dampers/fire dam ers 606 • Gas Fireplace Appliance (Mfg installation Guide, Clearances, Alr Supply} Chapter 37 802.6 907-910 Plumbing: CPC • Sewer or Septic (Size, T e of Material 305 312 • Sewer Lateral Cieanout 707.4 719 Table 7-6 • Number of Fixture Units Table 7-3 + Dratn Waste and Vent sizes Table 7-3 Table 7-5 • Shower Pan 411 • Water proof openings 313.8 • Sleeves 313.10 • Rat-proofing 313.12 • Hangers/supports 314 Table 3-2 • Trenches 325 • ~ointsjconnecttons 316 ~ • + ~ ~E~iEEAL C(3I~E REU~REMEN`~S FC)~ RESI~3ENTIAL ~t~~STRt~C~"I(~i~ 1~~7',19~~ and ~~10 • Testin Alr/Water 329. 712 733 • Water closets 408.2 410 • Ciaset flanges 408.4 • Water supply ~ flush 410.4 tanks • Air Gap for CPC 801.1 Dishwasher. • Floor drain/shower 411 stalls • Tub/whirl ool 414 • Water tem timitin 418 • 8ldets' 415 • Water Heaters 501-512 (Garage or Attic Ta6fes 5-1 thru 5-22 locations) (Combustian air, Seismic strapping, Pressure relief, Vents) • Water Distribution 501-514 (P)pe material, Plpe Tables 5-1 thru 6-8. size, gackflgw, Vacuum breaker, Water ressure) • Sanitary Drainage Roof Drain 3205 701-727 Table 7-1 (Fixture units, pipe size, drainage flow, cleanouts, testln } • Sewers (size, grade, 707 708 719 c1@~nouts) • indirect waste 807 813 824 • Condensate 814 • Pools, 813 • A fiances 807 • Vents (Material, Size, 901-911 Connection, Termina~tiort, Wet V~n~ing,lsland Venting, Combo VUasYe Vent) • Tra s 1001-1008 • Storm Dralns 1101-1109 ~ f 1 GENERAL CQ~E REQUIREMENTS FC~R RESIDENTIAL C~?NSTRUCTION 192'x,194E and X010 } ~,?~ Q. (Required, Material, Subsoil Drains, Roof Drains) • Roof Slope (s) 3204 CRC Section 905 • Gas Plpe {Total 1201-1217 demand, Size, Tables 12-1 thru 12- Materiai, Meters, 41 Protection, Connections, Hangers/Supports, • Valves) California Energy Commission Title 24: • Window] Fenestrat(on 2008 Res Energy • Lighting Requirements Title 24 Energy €or Kitchen and Bath Efficiency STD 150 • Compliance forms on Tetle 24 Energy plans to include Efficiency Standard Installation and Section 50K and Acee tanee Forms Section 10-103•. • SEER (seasonal, energy, 2008 Res Energy efticlen ,rating) Site Drainage: • Drainage away Pram CBC 1804.3 structure CRC R401.3 • Drainage behind 2310 CBC 1805.1 retaining wails Additions to existing buildings 104 Maintenance 105 Alterations: 104 (50% value) 104d {minor) Violations and Penal#les 305 Er_ _ ~.~~ Last updated 3-31-2011 S:\Cdd\Buiiding\520 Pacifie\Requirement3.doc ATTACHMENT E CRITICAL 'STRUCTURES Apri122, 2011 Mr. Bret Fairbanks 520 Paafic St Tustin, CA 92780 Via ema>7: bret@pacificpro.oocoxmaiLoom Subject: Structural Engineering Review and Professional Opinion related to Structure! Soundness of Studio and 1-Bedroom Apartments and Recreation/Storage Room added to Residence at S20 Pacific Street, Tustin, CA Deaz Mr. Fairbanks: We are pleased to present this Structural Report related to the structural review of the Studio and 1- Bedroom Apartment (Photo 1) and Recreation/Storage Room additions (Photo 5) to the historic residence, located at 520 Pacific Street, Tustin, CA. The purpose of this report is to provide a professional structural engineering opinion as to the structural condition and soundness of the additions, and conceptual recommendations for farther action, if required. Critical Structures, Inc. (CSI) performed site surveys on January 20 and Apri114, 2011 to review accessible areas of the apartments; no probes or testing were performed. Original building drawings were not available for review. CSI reviewed items of concern raised by the City inspector with the Owner and also reviewed the additions for any other items potentially unsound. The home is a one-story wood-framed single-family residence, built circa 1927. The house is listed on historic surveys prepared by the California Department of Parks and Recreation and the City of Tustin. The entrance faces east. The home has been occupied by the Client since 1990. A wood- framed Studio Apartment addition, built circa 1935, occurs over the wood-framed detached garage. A wood-framed carport cover occurs to the east of the gazage entrance. A wood-framed 1-Bedroom Apartment, built circa 1945, with slab on grade, occurs to the west of the garage. A wood-&amed Recreation/Storage Room building, with slab on grade and shed roof and canopy, occurs immediately west and behind the house. There are no records of building permits or certificates of occupancy for the additions. The City has cited the Apartments as non-permitted, and has requested from the Owner a professional engineering review to address the structural soundness of the Apartments, There is no evidence of soil or foundation settlement; significant cracks throughout the ceiling and interior and exterior watt finishes were not observed. A crack in the garage slab on grade was observed; the crack is old and may have been caused by shrinkage of the concrete during or shortly: after original construction and it is not of stnietural significance, The garage and Studio Apartment have a footprint approximately 16 feet wide by 1$ feet deep. Sheathing at stud walls, Studio Apartment floor, and 1-Bedroom roof cansists of straight wood sheathing. At both apartments, the roof joists with collar ties span to the exterior stud bearing walls at the north and south sides and roof and ceiling framing appear in sound condition. A wood beam at the garage telling, ounsisrinB of (2)1-5/8" x 7-1/2"s spanning 16'-2", support 8 feet inbutary width of the 1193 N Tustin Ave, Anaheim, CA 92807-1736 1 949.981.0885 ~' Studio Apamnent floor. One ofthe nominal 2 x 8s is not continuous from post to post, and the continuous member has a significant crack near midspan (Photo 2). At the east end, the nominal 2 x 8s bear on a 4x4 that is scabbed onto the 6 x 6 post. We rernmmend replacement of the cracked buflt up 2 x 8s with a new continuous built up framing member. As noted by the City, the girder along the midline of the carport cover is inadequately sized. A 2x5 spans 16 feet, supporting 8 feet tributary width of deck and joist framing (Photo 3). We recommend replacement of the 2x6 with a new bu$t up member. The wood-framed stairs to the apartment appear in sound structural condition. However, the posts are supported on concrete pedestals that simply bear on grade (Photo 4), and are not founded below grade. While settlement is not evident, to prevent future settlement from possible erosion of soils by groundwater, we recommend that the existing pedestals be replaced,with new concrete pedestals extending below grade. The Recreation/Storage Room canopy is supported by wood posts that either bear on exterior slab on grade or brick pavers (Photo 6); the wood is too close to grade and rot has begun on some posts. We recommend new concrete pedestals. In general, with the exception of the but7t up beam at the garage ceiling, the framing, sheathing and connections appear in general conformance to the building code requirements in effect at the time of the Apartments' construction. With the exception of the built up beam and stair post footings, the apartments are in good stinichiral condition. We xeconumend the following conceptual snuchiraI remediation to rehabilitate the apartments and. the Recreation/Storage Room to sound structural condition: I. Replace garage ceiling built up {2) 2 x Ss with new (2)1-3/4" x 11-7/8" Microllarri LVL engineered lumber, with rated and approved Simpson connection hardware at wood post east end and notched to bear on steel post at west end. 2. Replace carport 2x5 x 16'-0" with new (2)1-3/4" x 9-1/4" Microllam LVL engineered lumber, with rated and approved Simpson rnnnection hardware each end 3. Replace existing stair post footings (7 total) with new concrete pedestals, minimum 12"x12" founded on soi112" ,71,77117717 below grade, with new Simpson post base hardware connected m existing posts. 4. At Recreation/Storage Room canopy, trim bottoms of posts (5 total) and connect to new concrete pedestals, minimum 12"x12" founded on so1112" minimum below grade, with new Simpson post base hardware connected to eaastirig posts. Bottom of waod posts should be minimum 4" above grade. We trust this letter report responds to your current structural engineering requirements. This report does not express or imply any warranty associated with the existing structure and was developed based upon visual observations made during the site visit to the building. Please do not hesitate to contact us if you have any questions or require additional information. very truly yours, Critical Structures, Inc. TIAN Eric C. Stovner, S.E., LEER AP ~ ~ No. S 4204 ~ r President CSI IOOS.OO,~Fairbanks Residence Ttutia„~Report.,20110422 .S'1._ _ ,. 1193 N Tustin Ave, Anaheim, CA 92807-1736 2 ur ~n~1~ - - 949.981.0885 CRITICAL STRUCTURES ~~ "~ 3 ~c S~4 ( -H k ~~ Y ...a~4~ _ ~ ..` -.ae~ ... ~.., r -ter _. 1193 N Tustin Ave, Anaheim, CA 92807-1736 3 949.981.0885 CRITICAL STRUCTURES ~ ~ x.,a,, ~:: N __ ~" 1193 N Tustin Ave, Anaheim, CA 92807-1736 4 949.981.0885 CRITICAL ST R U CT U RES Phat~ S 1193 N Tustin Ave, Anaheim, CA 92807-1736 5 949.981.0885 ATTACHMENT F s ~ e~~ >, <~ ,. ~ ~i°c ttect~re la~~~ ~~~ ilestg ~~lbxlgi~t ~rag~tez Arc~l:e~ts, f ns, 31878 Del Obispo Street ;Suite 118-339 `. San Juan Capistrano, CA 92675 949.783A727 April 21, 2011. Mr. Bret Fairbanks 520 Pacific Street Tustin, CA 92780 Re: 520 Pacific Street Residence Dear Bret, In accordance with our agreement, we have performed cursory inspections /field visit ~ site walks, contextual & neighborhood observation, review of the City of Tustin's staff report "Attachment A, Code Campllance Issues Table" dated October 26, 2010, cursory review of the recent City Council Resolution 4161, and analysis of the various documents you've supplied to us conceming your residential property. We therefore recommend compliance with the requirements of the Notice and Order identified in the staff report dated October 26, 2010 and our field observations, to the extent such corrections and remediation efforts are reasonably determined to be necessary, or appropriate, to ensure that the health, safety, snd welfare of the occupants of the non-conforming buildings are adequately protected and preserved. Please note that zoning issues are not addressed since the subject property is considered anon-conforming structure based on the City CounciPs recent resolution. Therefore, only building items specified in the staff report from 10/26/10 and our field observations from our cursory inspections are addressed below. Please note that our cursory field inspections were limited to the existing building areas which we could access. Areas cornpietely covered /concealed, such as wall cavities, that are only accessible through invasive investigations, were not examined. The following pages are the proposed remediation corrections to be made. Please. feel free to contact us with any questions. Sincerely, ..~'' Paul Fulbright, AlA, LEER-AP Co-Founder /Principe! t=ulbrlght Rodriguez Architects® inc. Page~1 ~~' :. ~`~ ~ t arc Itect:iY~ ~~n~~ '~~~~n ~~sfgn uibrsht ~origa~ez A~~"~itec~s, inc» 31878 Del Qbispo Street Suite t 78-339 ;San Juan Capistrano, CA 92675 949.783.0727 ~s~c~e +C~r~plian~~e 1~svss: 1.1 General Section: 1 b.) "lt could not be determined if footing /foundations mist to provide adequate structural bracing and support to the structures." Proaoaed Remedlation: Refer to Structural Engineer's Report 1 c.) "No fire separation walls between units; therefore not fn compliance with one hour separation requirement which poses a potential fire hazaraf to occupants." Praaosed Remedlation: Per the current 2010 California Residential Code, Title 24 Part 2.5, table R302.6 "©welling /Garage /and/or Carport Separation°', add "Not less than 5/8 inch Type ~C' gypsum board or equiva/enP', to the ceiling of the garage and the end garage wall to obtain a one hour fire resistive rating. 1 d.) '°Mechanical, e/ecfrical, and plumbing (including HVAC} installation work done without permits. Permits are required to insure that life safety protocol is followed and installation is done according to plan. Without such permits and inspection, installation may create fire hazard, water damage, etc" Prouosed Remedlation: Our cursory inspection determined that the mechanical, electrical, and plumbing appear to be in working order. We recommend having a licensed General Contractor and/ar a licensed Plumber dean and inspect these areas in detail and perform maintenance and repairs #o ensure that all the mechanical, plumbing, and HVAC work within the unit are safe, secured, sealed, and in working order. Z.) Second Storv Unit Above Garas~e Section• Za.) "The second story wall construction and windows adJacent to the property line do not comply with the fire protection requirements. The opening is not permitted as shown; exferior waif is not fire rated; primary (and only) stairway restricts ingress egress in case of fire or other emergency." Page~2 t ~ ~ rceft~tele {~~~~~ ~r~~~ ~~fn Fuibrie~€~t €~~€Jeiu~~ ~rt~ake~a, 3r~c. 31878 Qel Obispo Street (Suite 118-339 ~ San Juan Capistrano, CA 92675 949.783.0727 Proposed Remedlatton: Per the 2010 California Residential Code, Title 24 Part 2.5, Table 8302.1 (1) "Exterior WaNs -Dwelling and Accessory Buildings Without Automatk Residentia! Fin: Sprinkler Protection", when the minimum fire separation distance is less than 5 feet the minimum fire resistance rating for walls is a "1 hour-tested (assembly] Jn accordance with ASTM E 119, or UL 263 with exposure from both sides." Therefore, we recommend that a 1 hour assembly, such as 518" Type 'X' gypsum board on the interior and a 1 hour fire resistive siding on the exterior, be provided on the exterior and interior of the wall by removing and filling in the windows at the 2nd level where the entry to the carriage unit is. Furthermore, we recommend the door at the #op of the stairs be replaced with a code required 1 hour rated door. The stairs should remain for ingress / egress to the carriage unit, refer to item 2f below for mare detail. ~~.j "The furnace installed without required permits does not meet clearance requirements and creates a potential frre hazard." F~ropose~l _R~m®dlatlon: Our cursory inspection determined that heater is a Paneiray Model "F" unit which was manufactured by the Day ~ Night Company of Monrovia, California. These heating units were produced from the 1940's and 1950's to be used as space heaters. The unit is gas fired and appears to be a radiant panel type of heater that produces heat through the transfer of radiant energy. The heater exhausts through a roughly 3" diameter ductwork to the outside. The lower panel of the unit has a door listing the specifics of the heater; these are as follows: (1) 12,000 BTU/Hr, {2) Natural Gas, (3) F-1 Mode! No., and (4) MN 4006 Serial No. Per the 2010 California Mechanical Code, Tftle 24, Part 4, Chapter 9, Section 924.0 "Room Heaters", Subsection 924.3 "Clearance" it states, "A room heater shall be placed so as not to cause a hazard to waNs, floors, curtains, furniture, doors when open, and so on, and to the free movements of persons within the room. Heaters designed and marked, "For use in noncombustible fireplace only,"shall not be installed elsewhere. Listed room heaters shall be installed in accordance with their listings and the manufacturer`s instructions. In no case shall the clearances be such as to interfere with combustion air and accessibility. Unlisted room heaters shall be installed with clearances from cambustib/e material not less than the followJng: (Nate: A does not aPPlyl (B) Radiating Type. Room heaters other than those of the circulat/ng type described in Section 924.3(a) shall have clearance at sides and rear of not less than eighteen (18) inches (460 mm), except that heaters that make use of metal, asbestos, or ceramic material to direct radiation to the front of the heater shall have a clearance of thirty-six (36~ inches (910 mmJ in front and, if constructed with a double back of metal or ceramic, Page~3 ~~ ,~ ~ < , m~ ~, ~ ~ art "i~ett~e ~ialtnint~ ~lr~ai~ Design ~asdbrsght s~~r~g~e~ rcFite~ts, inc. 31878 Qel Obispo Street ;Suite 118-339 ': San Juan Capistrano, CA 92676 949.783.0727 shall be permitted to be installed with a clearance of eighteen (18) inches (460 mm) at sides and twelve (72) Inches (300 mm) at rear. Combustible uaors under unlisted room heaters shall be protected in an approved manner. (NFPA 54:10.23.3]" We recommend a licensed contractor move the heater to comply with the code required clearances mentioned above, and extend the existing exhaust venting. We also recommend mounting the heater to the floor on an approved base determined by the NFPA 54:10.23.3.. 2c.) "Exposed electrical next to unpermitted furnace which causes a potential fire hazard." Prouosed Remedtation: We recommend that the property owner remove the power strip, television, and dvd / vcr equipment and placing them a safe distance, based upon manufacturer /equipment specifications, away from the heating furnace to' minimize safety hazards and damage to any electrical and / or video equipment. 2d.) "Kitchen cooking faculties not permitted in guest unit. Plumbing and electrical Installed without permits. Permits are rrrquired 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." Propo~e~ R,~madtation: Based upon the recent City Council Resolution 4161, the carriage unit is considered part of anon-conforming structure. Therefore kitchen facilities are allowable. However, our cursory inspection determined that the kitchen does not appear to have GFI outlets or a hood above the current range. See item 2f below regarding the GFI outlets. Per the 201®Califomia Mechanical Cade, Title 24, Part 4, Chapter 5, Section 504.0, Subsection 504.2 "Domestic Range Vents" it states, "Ducts used for domestic kitchen range ventilation shall be of meta! and shall have smooth interior surfaces. Ducts for domestic range hoods shall only serve cooking appliances. " We recommend having a licensed contractor install a code compliant UL listed hood above the existing range slang with proper exhaust venting through to the roof. 2e.) "Shower added onto original structure. This requires a but/ding permit to add additional square footage (pop-out) and permits for plumbing and waterproofing." Proposed Remedlatlon: Our cursory inspection determined that the shower does. not appear to pose any life / Page~4 ~_ ~~ ~..~ ~ rt~ltectc~rg Pieei Ur an ~sl~ ~~4brl€~ht Podriuea Arthifits, =n~. 31878 De( Obispo Street ~ Suite 118-339 ~ San Juan Capistrano, CA 92675 949.783.0727 safety threats at this time to occupants. We recommend cleaning the area and have a licensed contractor, plumber, and/or electrician perform a detailed inspection and provide standard maintenance & repairs as needed to ensure the framing, plumbing, electrical, and venting /exhaust connections are sealed, properly braced, and in working order. 2f.) "(Exterior Stair) Railing has no Intermed/ary 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." Prodosed Remedlatlon: i~er the 2010 Califomia Building Code, Title 24, Part 2, Volume 1 of 2, Chapter 10 "Means of Egress", Subsection 1009.4.2 "Riser Height and Tread Depth" it states, "Stair riser heights shall be 7 inches (978 mm) maximum and 4 inches (902mm) minimum. The riser height shall be measured vertically between the leading edges of adjacent treads. Rectangular freed depths shall be 19 inches (279 mm) minimum measured horizontally between the vertical planes of the foremost projection of adjacent treads and at a right angle to the tread's leading edge. Per the 2010 Califomia Building Code, Title 24, Part 2, Volume 1 of 2, Chapter 10 "Means of Egress", Subsection 1012.2 "Height" it states, "Handrail height, measured above stair tread nosings, or finish surtace of ramp slope, shall be uniform, not less than 341nches (864 mm) and not more than 381nches (965mm)." Per the 2010 Califomia Building Code, Title 24, Part 2, Volume 1 of 2, Chapter 10 "Means of Egress", Subsection 1012.6"Hands// extensions" it states, "Handrails shall return to a wall, guard or the walking surface or shall be continuous to the handrail of an adjacent stair flight or ramp run. Where handrails are not continuous between flights, the handrails shall extend horizontally at least 12 inches (305 mm) beyond the top riser and continue to slope for the depth of one tread beyond the bottom riser. Per the 2010 Califomia Building Code, Title 24, Part 2, Volume 1 of 2, Chapter 10 "Means of Egress", Subsection 1013.3"Opening Limitations" it states, "Required guards shall not have openings which allow passage of a sphere 4 inches (102 mm) in diameter from the walking surhace to the required guard height Our cursory inspection determined that the exterior stair providing ingress /egress to the carriage unit above the garage does appear to have code deficiencies. We noticed that the stair railing height and intermediary posts do not currently comply with code. We measured some of the treads and risers, which appear to be dimension out at 10.5 inches and 7 inches respectively. However, we did not measure ail of them to determine the existing dimensions of all treads and risers. We also noticed that the treads are an ' open configuration, which could pose a potential trip hazard. We recommend that the stairs be brought into compliance by constructing proper depth treads and height risers, Page~S ~~ ~~ilar€lat F~,e~c~rls~ez Arcl~itee~s, ir:c. 31878 Del Obispo Street ~ Suite 118-339 'San Juan Capistrano, CA 92675 949.783.0727 if they do not measure out at the code minimum stated above. Also, we suggest placing solid risers on the entire run of stairs to minimize trip hazards. Furthermore, we recommend adding handrails on both sides at a minimum 34" OR maximum of 38" height and adding vertical support pickets per the code sections above to bring the stairs into code compliance. Handrail extensions will also need to be provided at the bottom of the stairs per the code section above. We also recommend sealing and painting the new work to match the existing as much as possible. 2g.) "There is no property line firewal! separation between the staircase and the prapertyline." iP~asad t~emediation: Modify the stairs according to item 2f shave and replace risers, treads, and railings with a listed 1 hour fire rated material /coating. 2h.} "Raof drains onto neighboring property which may cause flooding." Prespased Ftemedlatlora: our cursory inspection determined that the roof drains do not appear to pose any life / safety threats at this time to as rain gutters and downspouts are installed. We recommend that a licensed contractor /roofer perform a more detailed inspection and ensure the existing rain gutters are properly secured and clean /free of debris. 2i.} There were not any visible and operating smoke detectors within the sleeping area of the Carriage unit. Proposed Remedlatton: Per the 2010 California Residential Code, Title 24 Part 2.5, Section 8314 "Smoke Alarms" subsection R314.3 "Local/on" states, "Smoke alarrns shall be installed in the following locations: 1. In each sleeping room. 2. Outside each separate sleeping area in the immediate vicinity of the bedrooms." Therefore, we recorrtmend installing new smoke detectors within the sleeping area of the carriage unit per code. 2J.) The existing outlets in both the wet areas of the kitchen and bathroom appear to be older / non-CFI type of receptacles, which pose a potential danger to occupants. Proposed Remedlatton: Per the 2010 California Electrical Code Section 210.8, "Provide G.F.I. protection Page~6 ~~ ~ e~ ~~~ ~. .tea ` ~ ~aaibri~i~t I~o~friquex ~r't$3ite~ts, int. 31878 pel Obispo Street (suite 118-339 J San Juan Capistrano, CA 92675 949.783.0727 to all 12 volt, 15, and 2Q amp receptacles installed indoors, in bathrooms, in basement, at countertop surfaces (within 6 feet of a sink)..." As required by code, replace all the necessary kitchen and bathroom outlets with new GFI type of receptacles. 2k.) The support posts underneath the entry to the carriage unit do not appear to be adequately braced !supported by a proper footing /foundation. Proposed Remed~t corn: Refer to Structural Engineer's Report 3.1 Carport Section: 3a.) "Structural supports do not provide su~cent supporting rafters. Roof members are undersized to provide adequate support." Proposed Rerrwediatlon: Refer to Structural Engineer's Report 3c.) "Unsupported electrical metaP conduit (EM7) between garage and house. The potential for damage and failure due to the exposure of the line is increased and poses a potent/a! gre hazard. " Proposed Remedlatlon: I~er the 2010 California Electrical Code Article 344 "Rigid Metal Conduit (RMCJi", Section 344.30 "Securing and Supporting" under subsection (B) "Supports" it is stated, °' RMC shall be supported in accordance with one of the following: 1.) Conduit shall be supported at intervals not exceeding 3 m(10ft). 2.) The distance between supports for straight runs of conduit shall be permitted 2. Continued) in accordance w/th Table 344.30(8)(2), provided the conduit is made up with threaded couplings and such supports prevent transmission of stresses to ten»ination where conduit is deflected between supports." "Table 344.30(8)(2) Supports for Rigid Metal Conduit Conduit Slze Maximum Distance Betwreen RMC Supports 1/2-3/4 lpfeet ~ 12 feet 1-1/4 - 1-1/2 14 feet 2 - 2-1/2 1 B f®et 3 and larger 20 feet" Our cursory inspection determined the metal conduit appears to need simple repairs completed by adding additional metal bracing at the code required distances. We recommend bracing be provided spaced at 10 foot intervals, or based upon the size of PageJ7 naF 3 f~ ~r v .. ~ ~ ~~ F Atc~tectar~ ~Inn'In r an ~~in F~,ibric~tst ki~s~dxiixez rel~i~e~~ts, ~~a~. 31878 Del Obispo Street ~ Suite 118-339 } San.luan Capistrano, CA 92675 949.783.0727 the conduit in accordance with table 344.30(8)(2) above. 4.1 Garaae Section: 4a.) "No rating separafion behnreen walls of garage and living units; thus exposing tenants above and next to garage to fre hazard originating in the garage." Proposed Remediatlon: Refer to item 1 c above 4b.) "Electrical wiring: murex cannot be exposed or unprotected and must be aftached / secured.(Romex was first used in the 1950's. Color coding (yellow) wasn't available until 2001." Proposed Remediatlon: Per the 2010 California Electrical Code Chapter 3 "Wiring Methods and Materials", Section 300.4 "Protection Aga/nst Physical Damage." it states, "Where subject to physical damage, conductors shall be protected." Therefore, we recommend covering the romex with code required conduit and/or covering with 5/8" Type 'K' drywall. We .recommend having a licensed contractor, or electrician, pertorm a detailed inspectfon and provide repairs by installing code required covering /conduit, bracing, and junction boxes. 5.) Rear Residential Unit Section: 5b.) "Heater installed with a gas line without permits. It is installed on a combustible wood sided wall which poses as potential fire hazard due to the combustible material." Proposed Remediatlon: Our cursory inspection determined that the heater is a Williams 14,000 BTU Direct-Vent Natural Gas Wal! Furnace, Model No.1403622 produced by the Williams Furnace Company. Per the 2010 California Mechanical Code, Title 24, Part 4, Chapter 9 °'Jnstallation of Specific Appliances", Section 928.0 "Wall Furnaces", Subsection 928.1 "InsfaNatian" it lists the following conditions: (A) Listed wall furnaces shall be installed in accordance wifh .their listings and the manufacturer's instruct/ons. Wa11 furnaces installed in or attached to combustible material shall be listed for such installation. jNFPA 54: 10.27.1.1 J (B) Unlisted wall furnaces shall not be installed in or attached to combusfib/e material. CNFPA S4: 10.27.1.2J" This wall furnace appears to be new, safe, and in working order. We recommend leaving the heater in place and have a licensed contractor /plumber ensure the unit is installed per one of the two t,ode compliant options above. Page~8 ~rthi~c~i~:e ~as°tni~ ~~rt ~I aibract~€t Roc~rauez ~4reit~cts, lr,~. 31878 Del Obispo Street ;Suite 118-339 ;San Juan Capistrano, CA 92675 949.783.0727 5d.) "Improper and substandard electrical wiring without permit -power strip next to kitchen sink where a range might have been previously. Plumbing added without permit " I?roraosed Remediatlon: A range /stove was not observed installed in this area and the power strip has been removed, and the only other connection we saw was a water valve that seems to operate a hose on the exterior. This is a none-issue as it has been remediated. 5>=.j "Unsecured and exposed gas line on the interior which poses a potential gas leak and fire hazard within the nsar unit. " Proposed Remedtatian: Our cursory inspection determined that the gas line does not appear to be a working and pressurized gas supply line at this time. We recommend having a licensed contractor, or plumber, provide standard maintenance & repairs by removing and capping the current gas line as it is not connected to a working gas supply. 5g.) "Insulation (appears to be straw bale) has a high flame spread rating." Proposed Remedlatlon: Our cursory inspection determined that Treated straw insulation does exist within walls. Further research determined that the insulation was typical of construction techniques of the first half of the 20th century. Per the 2010 California Residential Code, Title 24 Part 2.5, Section 8302.10 "Flame spread Index and smoke developed index for insulation." states, "8302.10 Flame spread and smoke developed Index for insulation shall be in accordance with Sections 8302.10.1 through 8302.10.5." Section 8302.10.1 "Insulation", states, "Insulation maferia/s, inc/ud/ng facings, such as vapor retarders and vapor-permeable membranes installed within floor-ceiling assemblies, roof-ceiling assemblies, wall assemblies, crawl spaces and attics shall have a flame spread index not to exceed 25 witty an accompanying smoke-developed index not to exceed 450 when tested in accordance with ASTM E 84 or UL 723. Excepfions: 1. When such materials arse installed in concealed spaces, the flame spread index and smoke-developed index limitations do not apply to the facings, provided that the facing is installed in substant/al contact with the unexposed surtace of the ceiling, floor or wail finish. " The existing insulation appears to be primarily covered substantially by interior drywall and exterior siding with the exception of a few small locations behind cabinets in the kitchen. We recommend that those exposed areas be covered with gypsum board to completely cover the wall cavity and exposed insulation. The nest of the insulation, if Page~9 ~.. ~ ~ ~ '~~~~ `. .r i~~~r~ ia~~in Ur an Desi~l'l. Fuii~rsgl~t Roc~ris~uez rc~i?~e,ts, °r~~. 31878 Del Obispo Street (Suite 118-339 !San Juan Capistrano, CA 42675 949.783.0727 any, appears to be undisturbed and does not pose an immediate life /safety threat and we therefore recommend that should be left as is as. 5h.) There were not any visible and operating smoke detectors within the sleeping area of the rear unit. Proposed Remediation: Per the 2010 California Residential Code, Title 24 Part 2.5, Section 8314 "Smoke Alarms" subsection 8314.3 "Location" states, "Smoke alarms shall be installed in the following locations: '. In each sleeping room. 2. Outside each separate sleeping area in fhe Immediate vicinity of the bedrooms." Therefore, we recommend installing new smoke detectors within the sleeping area of the rear unit per code. 51.) The existing outlets in both the wet areas of the kitchen and bathroom appear to be older / non-GFI type of receptacles, which pose a potential danger to occupants. Proposed Rem®iation: Per the 2010 California Electrical Code Section 210.8, "Provide G.F.I. protection to all 12 volt, 15, and 20 amp receptacles installed indoors, in bathrooms, in basement, at countertop surfaces (within 6 feet of a sink)..." As required by code, replace ail the necessary kitchen and bathroom outlets with new GFI type of receptacles. 6.1 Recreational room (detached) 5ection~ 6a.) "The room is considered `habitable space' and appear, to not provide sufficient ventilation, heat and llghf." Proposed Remediation: Our cursory inspection determined that this space is approximately 230 square feet of interior habitable area. There are three operable windows and one door. The windows have an overall glazed area of approximately 18.4 square feet and the door has an area of approximately 19.5 square feet. Roughly half of the window area at 9.2 square feet, and the entire door area at 19.5 square feet, are operable to provide natural ventilation. The combined window and door area equals approximately 37.4 square feet, whereas the combined operable window and door area equals 28.7 square feet. Per the 2010 California Residential Code, Title 24 Part 2.5, section 8303 "Light, Ventilation, and Heating" under subsection 8303.1 "Habitable Rooms -All habitable rooms shall have Page ~ 10 ATTACHMENT G CRITICAL STRUCTURES May 25, 2011 Mr. Y. Henry Huang, P.E., CBO Bul7ding Official, City ofTust~ c/o Mr. Bret Fairbanks 520 Pacific St Tustin, CA 92780 Subject: Safe to ®ccupy Studio and 1-Bedroom Apartments aad Recreation/Storage Room added to Residence at S20 Pacifiic Street, Tustin, CA Dear Mr. Huang: Per requirement of your Letter of May 16, 2011, the purpose of this-letter fs to state that it is our professional opinion that the existing added units which have been used for over 60 years are structurally safe to continue to occupy before rehabilitation is complete, with the provision that temporary shoring, consisting of nominal 4x4 timber posts, be placed at each end of the split in the garage beam. Please do not hesitate to contact us if you have any questions or require additional information. Very truly yours, Critical Structures, Inc. Eric C. Stovner, S.E., LEED APO+M President CS11005.00, Fairbanks Residencc'd~stia,_Letter 20110525 1193 N Tustin Ave, Anaheim, CA 92807-1736 1 949.981.0885 TLISTII'~I 9UtLDtNG 6)UB fUTVRE F10NOP,[NG CYUBI PAST Date _~ UYI~ 2`~ , ~.()1 d Fees ~° +~ITY +QF TUSTIN BUfLDINC CODE BOARD C1F APPEALS Before the Board of Appeals of the City of Tustin. Appeal of {print names): ~t~ ~~ F,inca Address of structure: ~ c ~#-yr-r~~-• Tv' Assessor's Map: ~k 2, ,~ c ~ ei+~~tq Lot Permit Na. ht / /~ The undersigned hereby appeals to the City of Tustin Board of Appeals from the decision of the Building Official in accordance with California Building Cade and other applicable Codes, i.e., Residential, Fire, Electrical, Mechanical, Plumbing, Energy, Unifarm Housing, international Praperty Maintenance, and Unifarm Code on the Abatement of Dangerous Buildings, that: fGn~k ®,~ or more) the true intent of the California Building Standards Code {CBSC) or the rules legally adopted there under have been incorrectly interpreted. the section(s) Cade do nat fully apply. of an equally good or better form of constructian is praposed. ~ _Regyt',ct Ca int c~rt-'~a h {~r,~ ~r1S3f ~,c~-s1~ rt° ~e~1-~t~•~ ~4 a~ Explain the appeal, modification, or relief saught and state briefly the reasons th~rAfnr~• iy !declare under penalty of perjury, under the laws of the State of California, that all statements conta/ned in this application and any accompanying documents is true and correct, with full knowledge that a!I statements made in this ~ n~ ~ Pion are subject to investigat/on and that any false or dishonest answer to any question may be grounds for Owner's Signature _ ~.~~~'~-'-"~ ~--~,~~y t ~----~..Q,ate: ~~~ 1 /J Mailing Address: ~2_. O~as.~~ic, ~ ~~ q'2°1~p Phane No. ~.~i~) ~3 °22.2 s:\cddlbuilding\formslbuilding board of appeals.doc Please submit elevations, plans & relevant information showing variance ar modification saught. 6SG ~owr :~erzer i?r:ve ~ 4t~ ~;oor %osta tvEesa, CA 92626-"99a 7; 4-5 ; 3-53 00 alaSce ! 7? ~-513-5? 3Q fax wwuvsFaeppardmaddrn.roen June 24, 2011 Writer's Direct Line: 7144248257 whodges®sheppardmullin.com Our File Number: 0009-159581 VIA FACSIMILEAND E-MAIL Chairperson Kozak and Members of the Building Board of Appeals of the City of Tustin, Planning Commission of the City of Tustin 300 Centennial Way Tustin, CA 92780 E-Mail: cityclerk@tustinca.org Facsimile: (714) 832-6382 Re: Reouest for Hearing Before the Building Board of Appeals Regardtn,~ Resolution 4161 and 520 Pacific Street Honorable Chairperson Kozak, Planning Commissioners and Members of the Board of Appeals: On behalf of our client, Mr. Bret Fairbanks, we submit this request far a hearing before the Building Board of Appeals ("Board°') for the City of Tustin (the "City's and/or the Planning Commission, acting in its capacity as the appeal hearing body pursuant to Tustin City Code Section 9242, as appropriate, seeking an order directing the Guy's Enforcement Officer, the Building Official, to comply with the instructions and directive outlined in Board Resolution No. 4161, issued on December 14, 2010 ("Resolution 4161 "~), and to rescind the Notice and Order/Pre-Citation Notice of Dangerous Buildings ("Notice and Order" 2) and a related vacation notice ("Notice to Vacate" 3) posted by the Building Official on the Property, all of which are dated June 16, 2011. Copies of the Notice and Order and the Notice to Vacate are attached hereto. This letter is submitted at this time to preserve Mr. Fairbanks' rights to challenge the actions taken by the Building Official subsequent to the Board's approval of Resolution 4161, and to seek an adminastratlve hearing for the Board's review of those actions. Because it appears some of the issues raised in this letter/request may involve the appropriateness of decisions made by the Building Official relative to the application and interpretation of the Uniform Housing ~ Attached as "Attachment A." s Attached as "Attachment B." ' Attached as "Attachment C." SFLF'.P~'6;I~17 ~r~'LT.IN :t~ Tti~ ~c Ii~~B~"IY3"~ ~P Chairperson Kozak and the Building Board of Appeals June 24, 2011 Page 2 Code ('°UHC'°) and/or the Uniform Code for the Abatement of Dangerous Buildings {"UCADB") (collectively, the "Codes") and the Resolutions, we are also separately processing appeals to the appropriately constituted board(s) of appeals for matters brought under those Codes, whose members are specially qualified by experience and training to pass an matters pertaining to building construction and who are not employees of the City.a Mr. Fairbanks reserves the right to file appeals of the Building Official's determinatians with respect to violations of the Codes pursuant to the provisions thereof. Mr. Fairbanks, along-time resident of Tustin, currently owns and occupies asingle- family residence located at 520 Pacific Street in Old Town Tustin {the "Property"), In addition to the Fairbanks' home, constructed in 1929, there are two (2) accessory residences on the Property, constructed before 1950 (collectively, the "Residences") and another accessory structure that serves as a recreation room. On December 14, 2010, the Board considered the scope and extent of corrections that would be required on the Residences, and adopted the Resolutions in accordance with Section 113 of the City°s Building Code. On the same date the Board, sitting as the City's Planning Commission and acting in its capacity as the appeal hearing body, adopted Resolution No. 4162 ("Resolution 4162"), upholding the Fairbanks appeal, thereby ordering a previous notice and order issued by the Building Official rescinded and confirming the non-conforming status of the Residences. Resolutions 4161 and 4162 are collectively referred to herein as the "Resolutions." The Resolutions confum the Commission°s and the Board's findings and determination that "lawfulness" at the time of construction is not required to meet the definition of a "non- confarming use/structure" under City Zoning Code Section 9273(a). The Resolutions further confirmed that compliance with the City's Building Code is not required to qualify the Residences as non-conforming uses/structures under the Zoning Code, but instructed Mr. Fairbanks to correct any health and safety violations on the Property. The Resolutions were unchallenged, and therefore constitute a final determination of Mr. Fairbanks' requirements in addressing building standards applicable to the Residences, The Board's intent is clear. The Resolutions plainly state that compliance with the minimum health and safety requirements of the UHC would be the applicable standard for correcting any health and safety violations of the Property. By this letter, we are requesting that the Board direct the Building Official to comply with Resolution 4161 and to withdraw the Notice and Order dated June 16, 2011, rescind and remove the Notice to Vacate, and to work with Mr. Fairbanks in determining the scope of required corrections to the Residences consistent with the Resolutions and the intent of the Board. a Pursuant to UCADB §§ 205.1, 501.1 and UHC §§ 203.1, 1201.1. Chairperson Kozak and the Building Board of Appeals June 24, 2011 Page 3 We further request that the documents and records related to the Property of the proceedings of the City Council an March 1 and March 1 S, 2011, and of the Board and Commission in connection with the adoption of the Resolutions (including the actions taken by the City Council on March 1 and March 1S, 2011) and of the Board and Commission on December 14, 2010, and the transcripts thereof, be included in the record of any proceedings held pursuant to this letter. I. Background .And Summary Of Facts In The Record Of These Proceedings Pursuant to the City Historical Survey Report, construction of the principal structure at S20 Pacific Street started in 1928 and was completed in 1929.5 A Completion Notice issued by the City of Tustin on January 27, 1929 fiu~ther 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 we1L6 The date of construction for the rear one-story middle addition is unknown, but was likely between 1945 and 1950.' In prior hearings regarding the Property, 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 Building Code in 1927, after which date building permits were required for construction. Under current City Building Code Section A104.7 and 1927 Building Codes Section 202, it is the obligation of the Building Official to retain copies of all building permits. Nonetheless, in 1959, the City Council authorized destruction and disposal of all old building permits and job records. The City acknowledges that it has not maintained records of building permits issued prior to 1959, and therefore cannot demonstrate when any earlier structures were permitted to be constructed, except through indirect evidence such as the Completion Notice issued for the principal Residence in 1929. These proceedings commenced on or about September 16, 2010, when the Building Official filed a notice and order8 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 5 Appeal Nearing Agenda Report: Appea! of Notice and Order at 520 Pacif:c Street, Elizabeth Binsack & Y. Henry Huang, dated November 9, 2010, pg. 5 (hereinafter, "Appeal Hearing 12eport"). e Thirteenth Street Architects, Inc. Re ort, dated October 20 2010 P pg. 2 (hereinafter, "Thirteenth Street Architects"). Appeal Hearing Report, pg. 5; See also Thirteenth Street Architects, pg. 2. $ Notice and OrderlPre-Citation Notice and Declaration of Pubiic Nuisance, Tustin Community Development Department, dated September 16, 2010 (hereinafter, "notice and order"'). i'A.:'~Taib:T€i5 3'"u~i9a'1~ a'i.~s~,t3:x~~.t~a~.~i fu?1'1~''.?'$'t~'.,L~' Chairperson Kozak and the Building Board of Appeals June 24, 2011 Page 4 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 after 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. The purchase agreement was cancelled by the buyer after the Building Official issued the initial notice and order. Mr. Fairbanks appealed the first notice and order on September 22, 2010. The Board held three (3) hearings at which more than fifty (50) residents appeared to support the Fairbanks appeal. On December 14, 2010, the Board and Commission adopted the Resolutions, granting the appeal. With respect to the alleged building code violations, Resolution 4161 ordered Mr. Fairbanks to make physical improvements to the Residences that were "reasonably determined by the Building Official to be necessary and appropriate to ensure that the health and safety of the occupants of the nonconforming buildings are adequately protected and preserved. i9 With Mr. Fairbanks' support, the Board instructed the Building Official to identify those items listed in the staff report dated October 26, 2010'0 that were required to protect "health and safety." 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 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." Between late March and early April, 2011, Mr. Fairbanks met with Mr. Henry Huang, the City's Building Official, and Mr. Dennis McCreary, the City's Principal Engineer. At this meeting, Mr. Huang provided Mr. Fairbanks with list of general code requirements and comparison of various implemented City Codes.'2 The document provided no reference to 4 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). 10 Appeal Hearing Agenda Report: Appeal of Notice and Order at 520 Pacific Street, Elizabeth Binsack & Y. Henry Huang, dated October 26, 2010 (hereinafter, "Appeal Hearing Report, Oct. 26"). " Resolution No. 4162: A Resolution of the Board of Appeals of the City of Tustin, Affirming Nonconfornning Status of Certain Buildings, Structures, and Uses at the Property at 520 Pacific Street (Assessor°s Parcel No. APN 401-371-07). 12 Genera! Code Requirements for Residential Consiructian 1927, 1946, and 2010, March 31, 2011, Tustin City Internal Document. Attached as "Attachment D." SIi r YPARI~ ~i€,7.I.T~ s' ;i~Ck`T~R & I~;.~il'~'~3~ Li.Y Chairperson Kozak and the Building Board of Appeals June 24, 2011 Page 5 health and safety concerns or instruction to Mr. Fairbanks on bow to proceed in compliance with the obligations outlined in Resolution 4161. On approximately Apri15, 2011, Mr. Fairbanks and his architect, Mr. Paul Fulbright, met with Mr. Huang and Mr. McCreary. In response to Mr. Huang's request, Mr. Fulbright provided a written report outlining remedial health and safety measures that would be pursued by Mr. Fairbanks base on the notice and order and Mr. Fulbright's personal inspection. Mr. Huang rejected this report, insisting that these remediation measures were insufficient and that the entire property must be inspected for any Building Code violations. Mr. Huang then sent a letter to Mr. Fairbanks, dated April 14, 2011, requiring remediation measures that went far beyond the authority allotted to him under Resolution 4161, requiring evidence establishing the construction date of the Residences and disavowing the application of the historic building codes. On May 10, Mr. Fairbanks, Mr. Fulbright, and Mr. Eric Stovner, Mr. Fairbanks's engineer, met with Mr. Huang and Mr. McCreary. Mr. Fulbright and Mr. Stovner provided reports providing their professional opinions as to what constitutes health and safe violations and appropriate remediation measures consistent with their understanding of the Board Resolutions. ~ At this meeting, Mr. Huang stated he would review the reports but stated to Mr. Fulbright a day later, on May 11, 2011 that structures were unsafe, as demonstrated in his letter dated May 16, 2011. Mr. Fairbanks was given thirty (30) days to submit plans and calculations for as yet unspecified remediation work. In response, Mr. Stovner issued a certified letter stating the structures were safe and suitable for habitation so long as Mr. Fairbanks installed a temporary sure up beam in the garage.14 Mr. Fairbanks performed the prescribed corrective work, and requested an extension of the thirty (30) day deadline so that the extent of any additional corrective work could be detemnined. Without fiuther notice or response to Mr. Fairbanks° request for an extension of time, Mr. Huang issued the Notice and Ordex on Thursday, June 16, 2011. The Residences and the recreation room were also "red-tagged," and the existing tenants were ordered to vacate the premises by Monday, June 20 at 4:00 p.m. The tenants of the Residences vacated prior to the deadline. This application is made in order to obtain a hearing before the Planning Commission and/or the Planning Commission sitting as the Building Board of Appeals, to request that the City's Building Official and/or Code Enforcement Officer be directed to comply with the requirements and intent of Resolution 4161. °s Attached as "Attachment E" and "Attachment F." ~a Attached as "Attachment G." Sh'~;~'~A,R.~ i~I,'iJ~,i?Y fi,FC€i`x'E?? & A~L"."U?V L, P Chairperson Kozak and the Building Baard of Appeals June 24, 2011 Page 6 R. Resolution 4161 Is Final As A Decision Of The Building Board Of Appeals Resolution 4161, adopted by the Board on December 14, 2010, states: "The property owners are herby ordered to comply with the requirements of the Notice and Order identified in the staff report dated October 26, 2010, and attached hereto as 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." Pursuant to Tustin Building Code Section 8101(0), A113.1.1, "[t]he Building Board of Appeals...shall render its decision and findings on contested matters, in writing to the Building Official, with a duplicate copy thereof to any appellant or contestant affected by such decision or finding." 'This Section further provides that an order of the Building Board of Appeals is immediately final. Under the terms of Resolution 4161, Mr. Huang was required to reasonably determine necessary and appropriate remediation measures to ensure that there are no health and safety violations in regards to the Residences only. He was not permitted to make demands that the Residences, carport, and recreation room be brought into compliance with 2010 Building Code standazds, as the Board had already determined that the full scope of current building standards should not apply. During the course of the above-mentioned meetings and correspondences from March to May 2011, both Mr. Stovner and Mr. Fulbright provided proof and their professional assurances to Mr. Huang that the Residences are structurally sound and suitable for habitation. Regardless, Mr. Huang persists in requiring Mr. Fairbanks to remedy any and all aspects of the Property that do not meet the standazds of the 2010 Building Code, not just health and safety concerns. He is further requiring Mr. Fairbanks to bring a recreation room on the Property into conformity, despite the fact this structure was not at issue in Resolution 4161. Mr. Huang has clearly overstepped the Boards' final order and the directive of Resolution 4161. Further, Mr. Huang continues to demand that Mr. Fairbanks, Mr. Fulbright and Mr. Stovner provide copies of building permits or other evidence in order to support their professional determinations regarding construction dates of the Residences. For example, in a letter dated May 16, 2011, Mr. Huang demanded Mr. Fairbanks restore all the buildings on the Property to 2010 Buildings Code standazds because he has been unable to prove construction dates. Not only is this out of the purview of Resolution 4161, but is also counter to the evidence provided at the December 14, 2010 hearing that demonstrated all building permits and job records were destroyed in 1959 pursuant to a City Council mandate. As stated above, these structures and subsequent improvements were constructed prior to 1959. Therefore, not only is Mr. Huang going beyond the scope of Resolurion 4161 by requiring the Structures meet 2010 s;~~~f~i~.v~.~~,.~~.~crr~~s~ ~~,~:~rL,~~ ~r Chairperson Kozak and the Building Board of Appeals June 24, 201 l Page 7 standards and not just remediation of health and safety concerns, but he is basing this directive on something the Board has recognized to be impossible to prove. III. And Is Deficient Under the UCADB, cited in the Notice and Order, a building official must inspect the building or cause the building to be inspected and determine the building is dangerous prior to commencing proceedings and issuing a notice and order. UCADB § 4.01(A). The notice and order issued by the building official must include a statement from the building official that the building is dangerous. UCADB § 4.01(B)(2). The notice and order must also include a brief and concise description of the conditions found to render the building dangerous under the provisions of UCADB Section 4.02(B)(2). The Dangerous Building Notice and Order dated June 16, 2011 does not comport with these requirements and as, therefore, fatally deficient. While the letter is signed by Mr. Huang, there is no indication in the letter or in the attached exhibits that Mr. Huang inspected the property. In fact, the letter itself states that the evidence used to support this Notice and Order was observed by third parties, namely Mr. Stovner and Mr. Fulbright, professionals independently commissioned by Mr. Fairbanks to inspect the Property. The letter further conceded that Mr. Huang only inspected '°visible parts" of the Property. The Dangerous Building Notice and Order is deficient because it is not based on the Building Official's inspection, or evidence gathered by individuals he caused to inspect the property. Further, Exhibit A attached to the Notice and Order provides further support that the required statement declaring the building as dangerous is based upon evidence provided by individuals employed by Mr. Fairbanks and not Mr. Huang or individuals commissioned by Mr. Huang to inspect the property. Exhibit A does not include a date, a preparer's name, or any identification of Mr. Huang as the author of this document. Instead, every alleged Building Code violation cites the letters of Mr. Stovner and Mr. Fulbright as the source of the information. This cannot qualify as a statement from the building official as required by UCADB Section 4.02(B)(2). This deficiency, as well as Mr. Huang's failure to independently inspect the Residences, constitutes fatal deficiencies that render the Notice and Order null and void. Additionally, the Notice to Vacate posted in conjunction with the Notice and Order was deficient and defective. The UCADB allows for the vacation of tenants of the building, but requires that a notice to vacate be posted upon each exit of the building. UCADB § 4.04(a). Only two (2) Notices to Vacate was posted on the Property, on which there is a clear exit for each of the three (3) structures that are apparently the subject of the notice. Additionally, the Notices to Vacate were posted to the carport posts and not any structural exit. S.iaLx~°:~~1`.::Y~i~.+Ia3.Y a`ikL~'TL'hW tg( ~LkiaPU~v1IL .~~T Chairperson Kozak and the Building Board of Appeals June 24, 2011 Page 8 IV. The Dangerous Building Notice And Order Violates Procedural Due Process Due process is the theory of law which limits governmental powers and authority. Under American jurisprudence, the due process clauses of the Fifth and Fourteenth Amendments prohibit the federal and state governments, respectively, from depriving any person of "life, liberty, or property, without due process of law." U.S. Const. amend V, § 3; U.S. Const. amend XIV. Similar to the federal due process clause, the due process clause of the California Constitution has been interpreted to require "reasonable notice and an opportunity to be heard before a governmental deprivation of a significant property interest." Horn v. County of Ysntura (1979) 24 Ca1.3d 605, 612; Goldberg v. Kelly (1970) 397 U.S. 254, 267. These procedural due process requirements have been held to include the right to a fair hearing.. Gai v. City of Sedma (1998) 68 Cal.App.4th 213, 219; see also, Morongo Band of Mission Indians v. State Water Resources Control Bd. (2009) 4S Ca1.4th 731; Nasha LLC v. City of Los Angeles (2004) 12S Cal.App.4th 470. Proper notice must be given prior to any decision that eliminates an individual's right to property. Horn, supra, 24 Ca1.3d at 617. Proper notice must adequately describe the activity requested and '°must, at a minimum, be reasonably calculated to afford affected persons the realistic opportunity to protect their interests. i 15 Such native has not been provided, and Mr. Fairbanks and his tenants were deprived of their property in violation of clear procedural due process rights. Since the Board issued Resolution 4161, Mr. Fairbanks has continuously attempted to engage Mr, Huang and the City in a meaningful discussion regarding the scope of remedial measures required under the Board's final order. Mr. Huang, in return, has consistently denied Mr. Fairbanks° request for clarification and specification. On April S, 2011, Mr. Huang provided Mr. Fairbanks with a list of general code requirements with corresponding code sections from the various building codes implemented by the City since 1927. This was an internal document, as conceded by Mr. Huang, and did not articulate specific violations ar remediation measures applicable to the Property. In response, on April 21, 2011, Mr. Fairbanks provided Mr. Huang with a list of issues and potential remedial measures recommended by Mr. Fulbright to be consistent with the Board's Resolutions. Mr. Huang did not respond to the list provided by Mr: Fairbanks, and never instructed 's "(D)epending on the magnitude of the project, and the degree to which a particular landowner's interests may be affected, acceptable techniques might include notice by mail to owners of record of property situated within a designated radius of the subject property, or by posting of notice at or near the project site, or both. Notice must, of course, occur sufficiently prior to a final decision to permit a `meaningful' predeprivation hearing to affected landowners." S~'E?'~'ARD ?~:? a.~?o' .^~y.i`~"~~.T lii & i.~:'~'"i t'='>.1' L'a.a'' Chairperson Kozak and the Building Boazd of Appeals June 24, 2011 Page 9 Mr. Fairbanks to commence the remediation process based upon this dacurnent. Mr. Fairbanks, and his professional consultants, remain uncleaz as to what correctians are required to bring the Residences to the standard ordered by the Board. On May 16, Mr. Huang instructed Mr. Fairbanks to provide validation that the structures were suitable for occupation, which Mr. Fairbanks complied with by providing the opinions of his professional consultants, on May 18, 2011. Mr. Huang also instructed Mr. Fairbanks to draft a plan and list of calculations to be submitted to the City, still without any indication of what violations must be corrected in the interest of health and safety. The first notice that Mr. Fairbanks received as to what measures were required to comply with Resolution 41b1 was the June 16, 2011 Notice and Order. This was also the notice that declared his buildings substandard for occupation and required permanent vacation of the existing tenants under threat of criminal sanctions. This notice was not reasonably calculated to afford Mr. Fairbanks or his tenants the ability to protect their property interests. Further, this notice provided Mr. Fairbanks no opportunity for a hearing before unbiased officials prior to deprivation of substantial property rights. The Notice and Order, in sum, is a clear violation of Mr. Fairbanks' procedural due process rights as it did not provide adequate notice and eliminated any chance for Mr. Fairbanks to obtain a predeprivation hearing. Therefore, the Notice and Order sh®uld be rescinded effective immediately. There is also a clear conflict between the Notice and Order and the Notice to Vacate, in that the Notice and Order purports to be an administrative citation without criminal sanction, but the Notice to Vacate contains a clear criminal (misdemeanor) sanction. The conflict between these notices also constitutes a violation of procedural due process, such that the Notice to Vacate must be removed and the Residences be permitted to be released. V. Conclusion ...~ For all the reasons above, we request that this Board direct the Building Official to comply with the instructions and directives of the Resolutions. We further request that the Board instruct the Building Official to reasonably determine the necessary and appropriate remedial measures to be taken by Mr. Fairbanks, consistent with the Board's directive and not based on strict compliance with 2010 Building Code standards. Finally, we request that the Board instruct the Building Official immediately to rescind the Notice and Order and remove the Notice to Vacate from the Property. On behalf of Mr. Fairbanks, we sincerely appreciate your consideration of this request and our cor~cerras. S~'P~t\R.TJ 4~;;3,z,iti ~Y~,~: ~::~ & F'1'~lsi"?'ni~I 7.i~ Chairperson Kozak and the Building Board of Appeals 3une 24, 2011 Page 10 Very truly yours, Whitney A. Hodges for SHEPPARI), MULLIN, RICHTER & HAMPTON l.l.p W02-WEST:3 WAH 1\403650358.3 Enclosures Attachments A - G cc: Mr. Bret Fairbanks (via email bret@pac~cpro.occoxmaiLcom) Douglas C. Holland, Esq. (via emaid DHolland@wss-law. com) Mr. Y. Henry Huang (via email HHuang@tustinca. org) Ms. Elizabeth Binsack (via email EBinsack@tustincaorg) Mr. Brad Steen (via email BSteen@tustinca.org) bbc: Deborah M. Rosenthal, AICP, Esq. Marguerite P. Battersby, Esq. ATTACHMENT A RES®LlJTIOt~' i0.41fi1 A RESt)LUTtON flF THE BOARDtat= ,~PPFr4LS OF THE CITY OF TUSTiN, Il~C?DtFYtN~ THE ldOTtCE~ AND OR®ER FOR BUELDiNt3 CQpE VtOLATIOiVS AT THE PRQPERTY AT 520 PACiFtC STREET {ASSESSOR"S PARCEL NC3. APN 4p1-371-f17) The Board of ~Ippsats of the City of Tustin does hereby resolve as follows: L The Board of Appeals hereby finds and detemnines as follows: A. That, on Duty 2?, 2010, Bret Fairbanks, the current property owner of 520 Pack Street, sent a tatter 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 avant of a fire, earthquake, or disaster; B. That, on August 4, 2010, City staff provided a written zoning confiirmation tatter inft~mning tlRr. Fairbanks that the property is zoned as Single Family Residential (R-1) and located within the Cukural Resources Overlay (CR) Distri4t and that accessary buildings used as guest rooms ors only allowed as cond~tgonatly permitted uses within the R-1 district, provided that no cooking facilities are installed ar maintained and that na compensation in any form is received, The fetter further informed the property owner that na permits or entitternent exist for the guest houses at the subject property; C. That, on September 10, 2p1p, City staff~conductsd anon-site assessment of the property at 520 Pacifrc 8trest. The assessmerrt revealed that several unpermitted modifications and additions had been made to the stnactures that were not in compliance with Tustin City Code and minimum Building Gode requirements; D. That Pursuant to Tustin City Cade Section 5503, on September 16, 201 p, the City of Tustin sennt notice of'recordatton of a Notice and Order for the property at 520 Pacific Street to liPtr. Fairbanks. Said No~Tce and Order provided uuritten notice of the existence of a public nuisance an the property as determined by the Errfareement Officer and required the correction of code violations related to unpem~itted structures construct?ed in violation of the Tustin City Code including the City of Tustin Building Code and Zoning Cade; E. That, pursuant to Tustin City Code Section S5p3, the Enforcement Officer is defined as the f3irector of Community Development or any other parson or City officer or employee to enforce property maintenance, zoning, and other nuisance abatement reg~la#ions and standards of the Ciiy; F. That, aft September 22, 201 p, t3ret Fairbanks, the current property owner of 520 Pack Street, filed an appeal of the Notice and Order for the declaration of public nuisance at his property; l;descluticn i~o. 4'it3°i ,gage ~ G. That on Goober 74, 213111, the City gave public notice by pubtiratton in ~ newspaper of general circutation, by posting the praject site, and by mailing' to all praperty awners within 3f3p feet of the seabject site of the holding of a public hearing at which the appraai would be considered; H, What on Goober 26, 2f37 0, a duty called, and noticed public hearing at which interested persons had an opportunity to testify in support af, or in oppasitican tca, the appeal and at which the Planning Commission, acting in its capacity as the Board of Appeals, considered the appeal of the tVotaae and Order filed at 5213 pacific Street. The Planning Commission caontins~ed the item to November 9, 2t1'ttl rneetfig a~ dird staff to do additional resesreta can the property and to meet with Mr. Fairbanks to dis+CUSS possible alternatives to resohre the appeal. However, the cornectlon measures discussed were not acceptable to the appellant; i. That an November 9, 2131 t1, the Planning Commission, acting in its capacity as the Board Hof Appeals, considered the ap~+aai ~ the 6~otice and Grder fr[ed at a20 Pacific Street and continued the meeting to December 14, 2L170, and dir staff to return with findings to modify the Notice and °Order to allow uses estabftshed prier to November 8,1861, 4f which only the Zoning ~ Code matters were affected; J. That on Dec amber 14, 2p10, the Planning Commission, acting in its capacity as the Beard taf Appeals, considered the appeal of the Nolicaa and Grder flied at 620 Pacfic Street and heard testimony from the appellant; K. That, pursuant to Seccflon 172 Beard of Appeals of the Building Cade as adapted by the City of Tustin, the hearing was held to consider evidence that is relevant to whether the true intent oaf the City 'of Tustin's adopted Caalifornia Building Code or the rules legally adopter thereunder have been inoorrec~y Interpreted; the provision of such code does not fully apply: or, an equally good or better form +~' construction ds propped; L. That, pursuann# to Section 112 of the City of Tustin's adopted California Building Crate, the Planning Commission, acting aa3 Baatd of Appeals, shall net have authority relative to interpretation of the administrathoe provisions of the Tustin 18uitding Code or to waive requirements of such rode. Further, the hearing shell be de nano and the Board cif Appeals bray approve, approve with conditions, or disapprove the matter in accordance with the Tustin City Code or remand the matter to the Community ®eveloprraent Director ar the Zoning Administrator for further proceedings in a~crordanre with directions of the Beard of Appeals; M. That, on Uctober 26, 2070, November 9, 20111, and- December 74, 2870, the Board of Appeals considered evidence supporting the Enforcement Qflicer's determination that a public nuisance condition exists at the subject property due, to the present viola#ionas of the following Building Code ion: ~:esoit~tian No. 4~1B9 i~c''~k£„je Califamia Building Code A105.1 (adopted per Tustin City Code 8100) - l'ermits Required. Any owner ar authorized agent who intends to construct, enlarge, sitar, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, rernave, convertor replace any eiectrieal, gas, mechanical or plumbing system, the instaflatian of which is regulated by this cede, or ta.cause any such work to be dons. shah first make application to the building offcial and obtain the required permit. (Prior staff reports and attachments are attached hereto in Exhibit A) iV. That the City of Tustin was incorporated on September 19, 9927, and the subject property is located within the original City boundaries. The house and detached two story garage were constructed July 3, 1128, and the first published building cede, the 1927 Edition of the Uniform Building Code, was adopted by the City of Tustin on June 3, 9929. This was the Building Cade in effect at ~e time of original construction; O. That there i9 substantial evidence that the violations identified in the Nat6c~ and Qrder exist as evidenced by the Building Code violations absenred on a cursory and visual observation during a site visit on September 10, 2014, and provided hereto in Exhibit A; P. That the violations identified herein and in the PJotice and Order demonstrate that substandard housing and property maintenance conditions exist which create a dangeraus condition at the subject property due to the present violations of the California Burlding Code as adapted 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 ftndirtgs and decisions. Staff commissioned a third party survey and evaluation provided by Licensed Architect John C. Loomis from Thirtieth Street Architects, lnc. The. architect provided a report "that concluded that there were several nonconforming additions and Building .Cade violations. (Shown in' Exhibit A). Il. The Planning Commission, acting in its capacity as the 6oaM of Appeals pursuant to Section 112 of the 8uilding~ Code as adopted by the City of Tustin, hereby modifies the Plotice 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 antlered to comply with the requirements of the lVatir~ and Order identified in the staff repar# dated October 26, 2010, and attached hereto in Exhibit B, to the extent such corrections are reasonably determined by the Building Official to be scary or appropriate to ensure that the health and safety of the occupants of the nonconforming buildings are adequate30y protected and preserved. Res+~lution N~. 4'181 Page ~€ PAaSEt? ANt.? At3+(3PTEU by the B~tard of Appeals a~f ttta City ~f Tustin, at a regular rraeetirtg esr~ the 14th day of C?ecember, 241 Q. Y. Herrty Huang, P'.E,, C.B.C). 9oard e~f App+aats Secretary STATE CF CALtC~°C71~1~ltA ) CC}l~I~TY {3F C3ftA,%tGE' ) CITY ai+ TUS-rr>v ~ ~tc~ve Chairperson 1, Y. Nenry Nuar~, the undersigned, hara6y certify that t am the E3aard erf Appeals s Hof the Sc~arci of Appeals srf the City cf Tustin, Califomla; that Rasatutian No. 4181 vvas duty passed and adopted at a regular rneetirrg ~f #ha T~astirr Surd e~f Appeals, held ~n t#~ 14fh day of 6~ecember, 2#14. Y. Merry Huang, Fs.E., C.H.O. 8uitding t'3fficial i P r t ATTACHMENT B Cammunity Development Department Posted an property and sent by Certified and First-Class ~1ail June 16, 2011 Bret and Stephanie Fairbanks 520 Pacific Street Tustin, CA 92780-4329 '~~ `' -~ ~~~ t~Utll7[MG OUR FUTURE NONORING OUR PAS"f NO'flCi= AND CDBPIPE-CiTATItON ~~°,-„{~ DECt..A~tATICtN CF DAid3El~OtJS i3R~iL~ ~~r Property Address: 520 Pacific Street Assessor Parcel Number: 401-371-07 Case Number: V10-0312 Subject: Upper Dwelling Unit and Rear Dwelling Unit, Garage, Carport and Recreation Building Dear Mr. and Mrs. Fairbanks, On September 16, 2010, a Notice and Order was issued far noncompliance with various provisions of the City of Tustin Building Code. The Notice and Order was appealed and on December 14, 2010, the Tustin Planning Commission (acting in its capacity as the Board of Appeals per Tustin City Code (TCC) Section 8101 and acting as the appeal hearing body per TCC Section 9242} adopted Resolution No. 4161 affirming the Notice and Order for Building Code violations at 520 Pacific Street. Since adoption of Resolution No. 4181, discussions have been ongoing between you, your representatives, and Building Division staff regarding Building and Housing Code compliance. In addition, on or about May 4, 2011, City staff received a report from your structural engineer, Eric C. Stovner, which recommended structural mod cations required to bring the subject buildings into conformance with the California Building Standards Code (CBSC}. We are also in receipt of correspondence from your architect, Paul Fulbright, which recommended a number of required upgrades necessary to address various code requirements to obtain permits and correct these structural issues or other Building and Housing Code violations on the property. Based on evidence observed by Dennis McCreary, P.E, CBO, City of Tustin, Building Division, Principal Engineer, third party review by Scott Fazekas, A.I.A., Bryan Healy, Orange County Fire Authority, the„ owner's structural engineer Eric Stovner, S.E, the owner's architect Paul Fulbright, A.I.A., and myself (on the visible parts alone), and a review of the Uniform •Code for the Abatement of Dangerous Buildings (UCADB), 1997 Edition, the subject buildings are hereby deemed to. be °dangeraus buildings" (Sections 301 and 302), and additionally based on 300 Centennial Way, Tustin, C;A 92780 • l': (7(4) 573.3100 • F: (7t4) 573-3113 w www.tustinca.org Notice and ®rder at 520 Pacific Street Case # V10-0312 June 16, 2011 Page 2 the Uniform Housing Code (UHC), 1997 Edition, the subject buildings are hereby declared to be "substandard buildings" (Section 1041.1 }. Based only on limited visual evidence, such condition or multiple defects exist on the property to the extent #hat the life, health, property or safety of the occupant(s) istare endangered. Pursuant to Section 404.2 of the UCADB, observations and findings reciting the emergency and specifying the conditions which necessitate the postdng are attached hereto in Exhibit A. Notice argd Order 1. You are hereby notffied and ordered to vacate, secure, and maintain the subject structures against entry by no later than 4:00 p.m., Monday, Jung 20, 2011. No person may ent®r or occupy the subject structures unless acting in an authorized manner to assess, perform or inspect the repair andlor removal of the violations. 2. You are also hereby directed, within thirty (30) calendar days of the date of service of this Notice and Order, to obtain all City its necessary to 1}repair, andlor 2} remove all code violations to the satisfaction of the City of Tustin i3uiiding Official. Failure to comply with this Notice and Order within the time specified above will result in the issuance of an administrative citation pursuant to Tustin City Code 1162(a} (reference Exhibit B attached hereto for additional infom~ation} andlor the referral of this matter to our Cify Attorney for further legal acfion. You or any person having any recorr! title or legal interest in the property may appeal the notice and order pursuant to Section 5D1.1 of the UCADt3 within thirty (30) calendar days from the date of service of this Notice and Order. Pursuant to Section 504 of the UCADB, the filing of an appeal shall not stay the above Notice and Urder to vacate, secure and maintain the subject structures against entry, t=allure to appeal in accordance with the provisions of Section 501 shall constitute a waiver of all right to an administrative hearing and adjudication of the Notice and Order~or any portion thereof. Should you have any questions regarding this notice, please contact me directly ~t (714} 573- 3130. Sincerely, ~~. Y Henry Huang, Fc!E., C.B.O. uilding Official Attachments: Exhibit A -Observations and I`ind'mgs Supporting a Determination that ©angeraus Buildings Exist at 520 Pacific Street. Exhibit B -Administrative Citation Information ~~~~~~V $U1LDlP1G ®UR FUILRE [~ONO[llN6 l?UR PAST ®ate .~~ ~~e ~~ , ~4~ 1. Fees ~~~ ~r ,~ Sefore the Board of Appeals of the City of Tustin Appeal of (print names): fir- C1-rltvl S'~~~~~ Address of structure: ~:~.C'~ i~,c~$-~~-. -[~~~ry~. Assessor's Map: ntt 2.' .~ c ieticti-lr,~c~ Lot Permit No. tati 01~k The undersigned hereby appeals to the City of Tustin Board of Appeals from the decision of the Building Official i'n accordance with California Building Cade and other applicable Codes, i.e., Residential, Fire, Electrical, Mechanical, Plumbing, Energy, Uniform Housing, 0nternational Property Maintenance, and Uniform Code on the Abatement of Dangerous Buildings, that: `~n~xon® OP 1f10PDJ the true intent of the California Building Standards Code (CBSC) or the rules legally adopted there under have been incorrectly interpreted. the section(s) Code do not fully apply. of an equally good or better form of construction is proposed. ___~__ ~a ~~,~_ ca ar, rya t-~-4~~f~- -t~--,~~ rr® c~~ ~!~ ~ ...~Z~~ Z~cy, ~4r +o' Explain the appeal, modification, or relief sought and state briefly the rPasr,nc tharr~fn.®• ,~ 4 1 decdare under penalty of perjury, under the laws of the State of California, that all statements contained /n this application and any accompanying documents is true and carrect, with fu/!knowledge that a/!statements made in this application are subject to invest/gation and that any faire or dishonest answer to any question maybe grounds for denial. Owner's Signature `_ ___ Date: Mailing Address:rJ2.t~~a Efic~ ~r ~ d '~ L~~ ~ ~,°~~p Phone No. ~ a~~Q~~~ s:ltddlbuildinglformslbuilding board of appeals.doc Please submit elevations, plans & relevant information showing variance or mad'rfication sought. TUSTI~T BUILDING OUA PU'[i1AE k10NOA1NG OUA PASO Date ~'yY1C', ~`~ , 20~t Fees ~~.. ~ ' Before the Board of Appeals of the City of Tustin. Appeal of (print names): r caul ~S~~t~ai~ ~~ ~'=~ Address of structure: ~~-O ~ac~~i ~°~ Assessor s Map: lun-~m~: ~, can wt~-ty Lot V' Permit No. t~a few ~-r "-~ The undersigned hereby appeals to the City of Tustin Board of Appeals from the decision of the 8uiiding Official in accordance with California Building Code and other applicable Codes, i.e., Residential, Fire, Electrical, Mechanical, Plumbing, Energy, Uniform Housing, international Property Maintenance, and Uniform Code on the Abatement of Dangerous Buildings, that: far-eckona or rr-ore) _,~ the true intent of the California Building Standards Code (CBSC) or the rules legally adopted there under have been incorrectly interpreted. the section(s) Code do not fully apply. of an equally good or better form of construction is proposed. Explain the appeal, modification, or relief sought and state briefly the reasons therefore: c -~ Uir1Cdt',If' U~/~~s~ ,~,.'~ ~t Glr~,(~ 1~°ouS~~n9 Ccad~ ,~ d~.pl ar~d ,~ ~p3 Please submit elevations, plans & relevant information showing variance or modification sought. !declare under penalty of perjury, under the laws of the State of California, that all statements contained in this applicat-on and any accompanying documents is true and correct, wi#h fu/P know/edge thaf al/ statements made in this application are subject to investigation and that any false or dishonest answer to any question maybe grounds for denial. Owner°s Signature Date: Mailing Address: ~paC~fi~ i~-re~~.- ~~~tt~ 9 2~~0 Phone No. ~~' l~ Q, - ~ ~ ~n s:\tddlbuildinglformslbuilding board of appeals.doc iVotlce and Order at 520 Pacific Street Case V1 Q-0312 June 98, 2019 Page 3 cc: i~iizabeti7 Binsacic, Community Development Director Doug Holland, City Attorney Bryan Healy, ®CFA Dana ~gdon, Assistant Director of Community Development Dennis McCreary, Principal Engineer Amy Thomas, Senior Alar~ner Scott Fazekas, A.I.A. Paul Fulbright, A.I.A. Erio Stovner, S.E. Fite i ~c~~~t ,~ ~~rt~~~ ~i~ i~d~r~~ ~~}al~a~t~ t~+~tra~~~~ari hit ~~i~ I.~~I~~,s ~~ X24 Pi :~~~~~~ Based an evidence observed by Henry Huang, P.E, CBO, City of Tustin Building official, Dennis McCreary, P.E, CBO, City of Tustin, Buiiding Division, Principal Engineer, third party review by Scott Fazekas, R.A., Mr. Bryan Healy, Orange County F':re Authority, the owner's structural engineer Eric Stovner, S.E, and the owner's architect Paul Fulbright, A.I.A. {on the visible parts alone), and the review of the Uniform Code for the Abatement of Dangerous Buildings (UCADB), 1997 Edition, the subject buildings are hereby deemed to be °'dangerous buildings" (Sections 301 and 302?, and additionally based on the Uniform Housing Code {UHC}, 1997 Edition, the subject buildings are hereby declared to be "substandard buildings" [Section 1D01,1), Such condition or multiple defects exist on the property to the extent Chat the life, health, property or safety of the occupant(s) Is/are endangered. The following dangerous conditions or multiple defects have been observed on the property reciting the emergency and specifying the conditions which necessitate the posting: Existing Building Conditions: 1. UCADB Section 3D2 item 5 and UHC Section 1001.3. Beam supporting second story dwelling unit is cracked and therefore jeopardizing supporting system of second story. GBC Section 3405.3 requires damaged gravity load-carrying components to 6e repaired or replaced. Mr. Eric Stovner's letters dated May 4 and 25, 2011 stated he observed and noted this violation. 2. UCAD6 Section 302 item 3 and UHC Section 1001.3. Carport structural members are not of adequate siie to support roof loads and not designed in accordance with C8C Section 1604.1 and if loaded could cvflapse. Mr. Eric Stovner's letter dated May R, 2011 stated he observed and noted this violation. 3. UCADB Section 302 item 8 and UHC Section 1401.3. Foundation supporting stairway to second story dwelling unit is not adequate and causes the exit door from the upper dweAing unit to become inoperative and creates a hazard in case of fire or panic. Mr. Eric Stovner's letter dated May 4, 2011 stated he observed and noted this violation. 4. UCADB Section 302 Item 2 and UHC Section 1041.12. Stairway intermediate guards and risers are not provided and thus a fall hazard exists. Further, this condition is not in compliance with CBC Section iD13. Mr. Paul Fuibright`s letter dated April 21, 2011 {Item Zf) stated he observed and noted this violation. 5. UCADB Section 302 Item 1 and UHC Section 1001.12. Exterior stairway for second story unit is ,', not in a safe location to afford exiting during a fire deemed as 10 feet from property line by California Building Code, 2010 Edition (CBC), Section 1027.3. Mr. Paul Fuibright's letter dated April 21, 2011 {Item 2g} stated he observed and noted this violation. 6. UCADB Section 302 Item 24 and UHC Section 1001.13. Fire resistive walls between the units and adjacent garage are not provided. Fire resistive walls and window protection adjacent to the property line on the second story are not provided. Fire in an adjacent unit, garage or adjacent building could spread quickly and therefore overcome occupants. Fire resistive assemblies are required for the above mentioned locations in CBC Sections 705, 707, and 709. in addition, there are several electrical installations that pose a danger {unprotected and non-attached Romex wiring, non-GFCI outlets In the bathrooms and kitchens, heating installations, etc.) and there are no smoke detectors or alarms in the sleeping areas. Mr. Paul Fulbright's letter dated Apri121, 2011 {items 2a and 4a) stated he observed and Hated these violations. 7. UHC Section 1001.5. Electrical wiring in the garage area is Improperly installed. Improperly installed conductors and without proper required fire resistive material from the dwelling unit above can be a serious hazard to the occupants in the upper dwelling unit. Mr. Paul Fulbright's letter dated April 21, 2011 {items id and 4b) stated he observed and noted this violation. 8. UHC Section 1001.7. The furnace in the second story dwelling unit does not meet clearance requirements and creates a potential fire hazard. Mr. Paul Fulbrlght's letter dated April 21, 2011 {item 2b) stated he observed and noted this violation. 9. UHC Section 1001.5. Exposed electrical wiring next to unpermitted furnace in the second story unit can cause a potential f re hazard. Mr Paul Fulbrlght's letter dated April 21, 2011 {item 2c) stated he observed and noted this violation. 10. UHC Section 1001.13. Operating smoke detectors are not installed within the sleeping areas of the upper and rear dwelling units as required by state code and therefore aecupants may not have adequate warning of a fre. Mr. Paul Fuibright's letter dated April 21, 2011 (Items 2i and 5h} stated he observed and noted this violation. 11. UNC Sections 1001.3, 1001.6 and 1001.7. Mechanical, electrical, and plumbing {including gas and water} installation work may pose a fire and water hazard. Mr. Paul Fulbright's letter dated April 21, 2011 {Item 1d}stated he observed and noted this violation. 12. UHC Section 1001.5. Electrical outlets in both the wet areas of the kitchen and bathrooms in both dwelling units are non-GFi type of receptacles, which pose a potential electrical shock and fire danger to occupants. Mr. Paul Fuibright's letter dated April 21, 2011 (items 2j and 5i}stated he observed and noted this violation. 13. UNC Sections 1001.2, 1001.5 and 1001.6. Plumbing and electrical installed in the kitchens may create fire hazard, water damage and inadequate sanitation. Mr. Paul Fulbright's letter dated Apri121, 2011 {Item 2d} stated he observed and noted this violation. 14. UHC Section 1001.7. Gas heater attached to wood siding and gas line in the rear dwelling unit poses a potential fire hazard due to its proximity to combustible material. Mr. Paul Fulbright's letter dated April 21, 2011 {Item 5b) stated he observed and noted this violation. 15. UHC Section 1001.6. Unsecured and expased gas line on the interior of the rear dwelling unit poses a potential gas leak and fire hazard. Mr. Paul Fulbrlght's setter dated April 21, 2011 (Item Sf} stated he observed and noted this violation. 1G. UHC Section 3001.6. Added shower and floor area onto original structure may create water damage and inadequate sanitation. Mr. Paul Fulbright'S letter dated April 21, 2011 {item 2e~ stated he observed and noted this violation. 17. UHC Section 1001.3. Foundations for the dweliing units and the recreation/storage building should be investigated to determine if the foundation provides adequate structural bracing and support for the structures. Mr. Paul Fulbright's letter dated April 21, 2011 {Item 1b) refers the matter to Mr. Stovner and no further response was given, 18. UHC Section 1002.3. Wood poses at canopy of recreation room have rot at bottom and therefore need repair to mediate structural hazard. Mr. Eric 5tovner's letter dated May 4, 2011 stated he observed and noted this violation. 19. UHC Section 1001. 5. Unsupported electrical metal conduit (t:MF) between the garage and hawse is subject to potential damage and failure and poses a potential electrical and fire hazard. Mr. Paul Fulbright's letter dated April 21, 2011 (Item icy stated he observed and noted this violation. 20. UCADB Section 34Z Item 14. Exposed insulation in the kitchen area of the rear dweliing unit appears to be straw and therefore a high flame spread rating and fire hazard. Mr. Paul Fulbright's letter dated April 21, 2011 {Item 5g) stated he observed and noted this violation. 21. UCADB Section 302 Item 14 and UHC Section 1001.13. North exterior wall of the recreation room 'ss in close proximity to the property Ilne and poses a Eire hazard. Mr. Paul Fulbright's letter dated April 21, 2011 (Item 6dp stated he observed and Hated this violation. Aetertrofr€a€~irarr of the Szsllziing ~~/`iciuk The suhJect bs~?)dings have been identified as having the conditions or multiple defects described above. Therefore, the subject buii~ngs are ire v~ioiation of the Uniform Code for the Abatement of Dangerous uifdtngs, ~:he Uniform Dousing Code, and the California Fire Code, as identified in the referenced )terns below, anti are therefore determined to be "dangerous buildings". Uniform Code for the Abatement of Kangaroos Suiidings Uniform Code for the Abatement of Dangerous Buildings, Section 302 states, "For the purpose of this code, any building or structure which has anv or all of the conditions or defects hereinafter described shah be deemed to be a dangerous building, provided that such conditions or defects exist to the extent that the fife, health, property or safety of the publ#c or its occupants are endangered." "1. Wherever any door, ats#e, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic." Refer to Existing Building Conditions noted above, Item 5. "2. Whenever the walking surface or any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic." Refer to Existing Buiiding Condition noted above, Item 4. "3. Whenever the stress in any materials, member or portion thereof, due to aii dead and live loads, is mare than one and one half times the working stress or stresses al#owed in the Building Cade for new buildings of similar structure, purpose or location:' Refer to Existing Building Condition noted above, Item 2. "5. Whenever any portion or member ar appurtenance thereof is likely to fail, or to become detached or dislodge, or to collapse and thereby injure persons or damage property." Refer to Existing Building Condition noted above, Item 1. "8, Whenever the building or structure, or any portion thereof, because of {i) dilapidation, deterioration or decay; {ii} faulty construction; (iii) the removal, movement of instability of any portion of the ground necessary for the purpose of supporting such building; {#v} the deterioration, decay or inadequacy of its foundation; or {v) any other cause, is likely to partially or completely collapse," Refer to Existing Building Condition noted above, Item 3. "9. Whenever, far any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose €or which it is being used." Refer to aii violations at the property. "Z4. Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 6G percent of the {I) strength, {li) fire-resisting qualities or characteristics, or {iii) weather-resisting qualities or characteristics require by law in the case of a newly constructed building of fike area, height and occupancy in the same location." Refer to Existing Buiiding Condition noted above, items 6, 20 and Zi. "16. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, tack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard:' Refer to ex}sting Building Code noted above, Items 3-9,11,,14,19, and 21. ~nifmrrrt klo~asing Code 1041.1 General. "Any building or portion thereof that is determined to be an unsafe building in accordance with Section 102 of the Building code , or any building or portion thereof, including any dwelling unit, guest room or suite or rooms, or the premises on which the same is located, in which there exists any of the conditions referenced in this settion to an extend that endanger the life, limb, health, property, safety or welfare o f the pubic or the occupants thereof, shall be deemed and hereby are declared to be substandard buildings." The subject buildings have conditions described in the referenced items hereinafter and therefore deemed to be a "substandard buildings", 1001.2 inadequate Sanitation. "buildings or portions thereof shall be deemed substandard when they are insanitary. Inadequate sanitation shall include, but not be limited to, the following: 6. Lack of adequate heating facilities. 13. General dilapidat'son or improper maintenance. Refer to Existing Building Condition noted above, Items 8 and 13." 1001.3 Structural Hazards. "Buildings ar portions thereof shall be deemed substandard when they ate or contain structural hazards. Structural hazards shall inc#ude, but not be limit to, the following; 1. Deteriorated or inadequate foundations. 2. Defecttve or deteriorated flooring or floor supports. 3. Flooring or floor supports of insufficient size to carry imposed loads with safety. fi, Members of ceilings, roofs, ceiling of roof supports, or other horizontal members that sway, split or buckle due to defective material or deterioration. 7. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insu€ficlent size to carry imposed loads with safety." Refer to Existing Building Condition noted above, Items 1, 2, 3, 11,17, and 18. 1001.5 Hazardous Electrical Wiring. "Electrical wiring that was installed in violation of code requirements in effect at the time of installation or electrical wiring not Installed in accordance with generally accepted. construction practices in areas where no codes were in effect or that has not been maintained in good condition or that is not being used in a safe manner shall be considered substandard:' Refer to Existing Building Condition noted above, Items 7, 9, 12,13, and 19. 1001.6 hazardous Plumbing. "Plumbing that was installed in violation of code requirements in effect at the time of installation or plumbing not installed in accordance with generally accepted construction practices in areas where no codes were in effect or that has not been maintained in goad condition or that is not free ofcross-connections or siphonage between fixtures,shall be considered substandard:' Refer to Existing Building Condition noted above, Items 11, 13,15, and 16, 1001.7 Hazardous Mechanical Equipment. "Mechanical equipment that was installed in violation of code requirements in effect at the time of installation or mechanical equipment not installed in accordance with generally accepted construction practices in areas where na codes were in effect or that has not been maintained in good and safe conditions shall be cons{dared substandard." Refer to Existing Building Condition noted above, Items 8,11, and 14. 1001.12 Inadequate Exits. °Except for those buildings or portions thereof that have been provided with adequate exit facilities conforming to the provisions of this code, buildings or portions thereof whose exit facilities were installed in violation of code requirements in effect at the time of their construction or whose exit facilities have not been increased in number or width In relation to any increase in occupant -oad due to alterations, additions or change in use or occupancy subsequent to the time of construction shall be considered substandard. -Uotwithstanding comp){ante with code requirements in effect at the tints of their construction, buildings or portions thereof shall be considered substandard when tits building official finds that an unsafe condition exists through an improper location of exits, a lack of an adequate number or width ar exits, or when other conditions exist that are dangerous to human life:' Refer to Existing Building Condition noted above, Items 4, and 5. 1001.13 Inadequate Fire-protection or Firefighting Equipment. "Buildings or portions thereof shall be considered substandard when they are not provided with the f{re-resistive construction or fire- extinguishing systems or equipment required by this code, except those buildings or portions thereof that confirmed with all appl{cable laws at the time of their construction and whose fire-restive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any {ncrease in occupant load, alteration or addition, or any change in occupancy." Refer to Existing Building Condition noted above, items 6,10, and 21. California fire Code California Fire Code {CFC}, 2010 Edition, regulations are appifcabie to the subject buildings. CFC regulations address fire/fife safety such as fire-resistive construction, exiting,, fire sprinkler and alarm systems. CFC in Section 110 addresses "unsafe bullding" including notification, fines, and abatement. Though not specifically detailed in this Notice and Carder. the subject building violates several regulations in the CFC. ~i~~ `. ~ ` ~~~ $ ~ dIYt~t'AAStt"~~x~' ~Yt~tk0~t ~t1i~t~I'~t1141"~ in accordance with Tustin City Code (TCC} 1162(4}, 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 saute ordinance or permit within one year of the first violation; or $500.00 for a third or any further vlofaUon of the same ordinance or permit within one year of the first violation. 8uifding and Safety Code (TCC Sec. 8100 - 8898} vielattons may be assessed at $100.00 far a first violation; $500.00 for a second violation of the same ordinance or permit within one year of the first violation; or $1,000.00 for a third or any further violation of the same ordinance or permit vuithin one year of the first violation. The City may also take further legal action including issuing the responsible person(s) a criminal citation and/or abating the violations} with fhe cast of such abatement and/or prosecution assessed against the responsible person(s), the property owner(s), and/or the property as a lien. Should an administrative citation be issued, the responsible person has ten (10) days from the Issuance date of the administrative ci#ation to pay the corresponding citation fine(s). Additionally, the responsible person must take one of the following actions to avoid additional penalties prior to the compliance date specified in the administrative citation: 1) Correct the violation, pay the corresponding fine(s), and contact the Ciry to request a re- inspection, or 2) Pay the corresponding fine(s) and request an extension of time in writing pursuant to TCC 1165(b), which shows a reasonable hardship; or 3) Request a hearing to appeal the administrative citation pursuant to TCC 1166 within ten (10}days from the date of the administrative citation, together with an advanced deposit of the correspanding fin®(s}. Request for Hearing Forms and other information on administrative citations may be obtained on the City's website at www.tustinca.oro. C~Docements and Scnln~daddon~LOept Sottlr~el7'pmporaey lntaniet Files\tontent.ouuook146¢9rnl\F~o+toav a p~,dapa~g09 ATTACHMENT C , ~ fr. ,. N ~~~ ~. . ~~v~. ~ ~~ ~ : ~ <~ ~.. . ~;h } ~ ~ ~ ~ R. 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T9 a~ ATTACHMENT D °' ~E~V~ L Gt~~E R.~~II~EI~rtE~TS ~~R. ~. ~$~ R.ESID~I~TI~,L CN~T~~JCTi~1V 1~327,194~ ~n~ 2~1Q Requirements 1927 UBC 1946 U6C 2010 CRC, CEC, CMC, CPC General and Administration • Certificate of Appropriateness far Historical Site (zoning Issue) N/A N/A !n effeet since 1990 a Fees for San District, SCE, TtlSD, OCFA, PW if< Plannln 303 Civil and Sojls Reports and Certifications Discretionary Discretionary Discretionary Alternate Materials and Methods 302 105 81.8.6 » Certificate of Occupan 206 306 8110.1-.5 Occupancy -life safe 2507 Occupancy Group I (dwelPing); 1-1 (garage) I (dwelling), J-1(garage} R-1, R-3 (dwelling) U tiara e) ® Types of constructlan (walls, floor, ceiling] Chapters 22 & 31 V-N (1702) VAN !~ Fire rating of exterior walls Dwelling 1403 Garage 1503 504, 8302.1, + Allowable Floor Area Calculation ®weliing 1402 Garage 1502 1402, N/A • interior Wall Covering if exists 2507 (f) 8702 • Exterior WatLCovering, Felt Stucco] 2205 2205 8703, 8703.2, 8703.6 • Roof Sheathing 2208, Chapter 25 2111 8803 • Roof Ventilation {silent) (silent) 8806 » Raof insulatian (silent) (silent) 8906 » Spark Arrestor (silent (silent) 81003.9.1 Waillnsulatton (silent (silent) 8302.10 » Floor Insulation (silent) silent 8302.10 » Attic Access . 3205 3205 8$07 • Roof Covering Gassiflcation 2209, 4305 3201-3204 8902 » Roof Ceiling Constructian 2208 Chapter 32 8801 o Conventional Roof Chapter 25 Table 32-A R80Z o Truss System 2509, 3202 8802,10 Exterior opening 1483,1503 5p4 8612 Ft~~~~iEIVT~AI. CQi~ST`~t~CTI~I~ 127, 146 and 2~1(~ Protections lwindow, °- door, etc.) Windows/Anchorage to 8622 wail Window/Door Safety 3403 Chapter 34 8308.4, TCC8103 (p) Glazing /Security lode Security Code Appendix tf 102 Note: renumbered by Cirdinance 2374 ~ Ceiling height silent 1405 8305 Minimum RoomSiae (silent 1405 8304 o weather protection 2205 2217 8903 (sheathing, feltand flashln ~ Masonry Fireplaces 3706 Cha ter 37 81001 m Garage Vents 1505 NA-Ever * Raof Drainage 3206 CPC 1101.11, 1105, 8905 ~ crawl Space Vents 2204, 2x05 CBC 1203, 8408 Factory-Built Fireplaces 3706< 81004 • Stair Headroom (silent 3305 8311.7.2 Riser Height/ Max. NjA, 3301 ref. 3305 8311.7.4.1 Variance between Risers Tread Oepth 3307, 3314 3305 8311.7.4.2 Vertieal Rlse 3307, 3314 3305 8311.7,5 ~ Stair Profile it311.7.4.3 Sta(rway Separatian 3316, 3301 {stair Table 8302.1(1), from P. ~. location, paragraph 3, Table 8302.1(2) read exemptian) b Guards {height, spacing 3501 8312 Of oats, grip, Strength) o Carport (strength, Chapters 15 & 25 1409 Table 8302.1(1), separation from dwelling Table 8302.1(2) Unit, footing, post to , 8302.4 conerete se aration) Fire and smoke Chapter 43 8302 resistanceJprotections: e Fire Blocking 2205, 2510 R30Z.11 Graft Stopping 2205, 2510 ~ 3105J 3205 R30Z.12 * Fire Sprinkler System ~ 8313 130 RES~~EI~TIA,L C~~iS'~RL~~TIt~I~ 1~~~~ x.946 end 2Q1~ Type and thickness of . 4715-4718, t'abie 8302.6 D all Structural components 8302.4 DU to garage Separation 503,1410 S03 8302.6 DU to DU Separation 503,1410 Tabie 5-B 8302.3- Penetrations 2305 2508,320S,3i05 8302 (Membrane /through, Rated Boxes, Flre Pads) ~ Ducts (Flexor Rigid) 5105 8302.5.2 ~ Fire/smoke / CO/alarms IV/A 8314, 8315 Materials for interior 3206 3411 8702 interior (wall and calling) finishes 8703 exterior Floor finishes Exterior lath 3305 Chapter 47 8703 8703.2 8703.6.1 Egress width and iV.A. 3301 3301, 3302 8311 locations Escape and Rescue 1405 3305 8310 Windows No. of exits iV.A.3301 1404 8311.2 ~ light and Ventilation 1405 ~ 1405 8303 ~ Exterior Door Size' iV.A. 3301 3303. 8311,2 Stairs (handrails, guards, 3307, 3501 3305, Chapter 33 8311.7 stairways Stair Headroom, Riser 8311.7.7 handrails Height/Max. Variance ' R31L8 ramps between Risers, Tread Depth, Vertical Rise, Stair Profile) locks in Door 3305 Security Code ' ®,3316,thou h.3319 ~ Stud Sizes 2305 2507 8602.3.1 + Sitt Plates 2205 2516 8602.3.4 o Floor Construction 3506 8502 Structural. 2108 ~! Wall Construction 2505, 2507 ; 8602 • Floor capacity (Dl, ll) 2207, 2203 i 1810, 2304 Table 8503.3.1 8502.11 Roof capacity (Dl, ll) 2208, 2305 2302 8802.10 Tabie 8802.4 (1) lumber grades, alas, 2501, 3503 T25-p, 2502(a) Tabie 8802.4 8603.2 strength (Actual site of nominal 1964, Stamp .1961) GENE L ~t~I~E ~E~UIR~ME'~S FC~R ~ESI~E~T°IAL C~1~ST`Rt~C~'~Q~t 29~7,19~6 end 2~1~ Post Sizes 2504, 2505 2505 CAC Section 8407.3 ~ Shear wall (type, length, Chapter 25 8602.10- 633.10.1 hold downs, etc. Nails (size, spacing, Chapter 25 T25-E Table 8602.3.(1) sheathin Hall schedule) Lateral (seismic and 2307, !et-ins Chapter Z5 let-ins wlndl resistance- , structuratanal sis Foundations -design, 2204, 2938 1804, 2802 8403 construction and materials Raised floor 2204 Cha ter 31, 3102 8403 8502 Slab on Grade 2204 Cha ter 31, 3302 8403 8502 Type of Cement 2604 8404.1.2 8404.1.2.3.1 Strength and Grade of 2606 2606 (T.26A' CRC Section 8402.2 Concrete 8404.1.2.3.1 Reinforcement ( 2204, 2604, 2610, 2611(T.26B) CRC Section 8403 foundation, footing, .2622, Round or cMUI 5 oars Alkalinity of Soii Cha ter 28 CBC/ ACI a Capacity of Soll 2802 2804 CRC Section Table 8401.4.1.. Moisture sorrier (walls) 2205 CRC Sedirsn 8601.3 o Speclai inspection 20Q~, 205 304 (a 305.2414 CBC 1704 Cannedion details of ail 201, 2505,2506, 2507, Chapter 25 Structural components, 2940 including anchor bolts and held downs-expand what prescriptive details are in the code Electrical: C£C Service Size 100/200 230.79 (C) amp ~ Overhead Service 225.18 230.24 (A) Clearance • Cold lNater/ Gas pipe 250,104 Bond ~ Ground Fault Circuit 210,8 interrupter ® Combination Arc Fault 210.12 Protection o Required 15 and 20 210,11 21p,5® ~~~IER.~,1~ Ct~DE ~E~,UiR~~tE~TS ~t~R ~ ~ESI~3E1V~'I~L ~~~3S~"1RtJCTiC~N 1.~27,19~~ and 210 amp duplex receptacles 210.52 4 Smoky Alarms 8314 Carbon Monoxide Alarms 8315 Mechanical: CtigC • Pleating, gas /electric Cha ter 37 3d3,g v Ducts and Insulation 3715 ' 602 605 o Combustion Air Chapter 37 701 Ventilation/ exhaust fans ~ 402 Chimney and Vents (Vent connector, Materials, Slae, length, Sup ort 3703, 3704 801 Installation of Specific Appliances (clothes dryer vent, air conditioners etc. 3707, 3716 306.3 311 903 905 Appliance location/ rotection Chapter 37 307 Condensate disposal 309.1 Smoke dampers/fire dam ers 606 Gas Fireplace Appllante (Mfg installation Guide, Clearances, Air Supply) Chapter 37 802.6 907-910 Ptumbin CpC Sewer or Septic ~5ize, T e of Material} 305 312 « Sewer Lateral Cleanout ~ 707.4 719 Table 7-6 • ~ Number of Fixture .Units Table 7-3 Drain Waste and Vent Sizes Table 7-3 Table 7-5 ~ Shower Pan 411 ~ Water proaf openin s 313,8 ~ Sleeves 313.10 ~ Rat-proofing 313,12 * Hangers/supports 314 Table 3-2 trenches 315 Joints/connections 316 ~~,~ ~:SI~DE~IT~AI~ C(~~S"~~.UC'~I~~ 192'~~ ~94E end 24~.U Testln alr~Vrlater 319- 712 723 Water closets 408.1 4312 Closet flanges 408.4 tiitatersupplY E~ flush 410.4 tanks Air Gap fore CpC 801.1 Dishwasher Floar drai~-/sh®wer 411 Stalls TubJwhirl tsol 424 ~ Vltater tent limitin 41g ~ 8ld~ts' 416 uVater kleaters 501.51,2 (G~rage ~~ attic Tables ~-1 tnru 5-aa Locatlans~ (Combustion air, Seismic strapping, pressure relief, Vents Water ®istr€buti~n 601,-614 (Plpematerial, Plpe Tables 6-1 thru b-8 size„ f#ackftorhr, vaCcturrr breaker, Water ressure Sanitary Erainage R®af Drain 3206 701-727 Table 7-1 (Fixture Units, pipe. size, drainage flow, cleanouts, testing) Sewers (size, grade, ?07 708 729 cie~n~utsj' ~ Indirect waste 807 813 814 Condensate' 814 ~ Fools ~ 813 A tEances 807 Vents (Material, Size, 901-911 Connection, m. 7erminatiort, Wet Ven~ing- Island Venting, Combo Waste Vent) Fra s 3003-1008 St~rzn Dc~ains ' 3101-1209 a ~ 4 GENERAL C~D~ REL~IP~~ENTS FQ~ £y, ~E~~~1E~€TI.~L Ct~N~TR~tJ~TtC~I~ 1.927,1~~6 ar~d 214 (Required, Material, SubsoH Grains, Roof Drains) Roof Slope (s- 3204 CRC.Section 905 Gas Pipe (Total ~ 2201-1217 demand, Sias, Tables 12-1 thru 12- i Material, Meters, 41 Protection, Connections, HangersjSupports, Valves) California Energy Cammission Title 24: Wlndowj Fenestration 2008 Res Energy Lighting Requirements Title 24 Energy for Kitchen and Bath Efficiency STD 150 Compl€ance forms on Title 24 Energy plans to €nclude Efficiency Standard InstaPlatian and Section 50K and Aeee lance Forms Section 10-103. SEER (seasonal, energy, 2008 Res Energy effielen , ratin Site Drainage: ~ Drainage away from CBC 1804.3 structure CRC R401.3 ~ Drainage behind 2310 CBC 1805.1 retaining walls Additions to existing buildin s 104 Maintenance 105 Alterations: 104 (50~'o value) i04d (minor) Violations and Penaltges 305 ~-~ Last updated 3-31-2011 S:\Cdd\suilding\520 Pacific\Requirement3.doc 7 ATTACHMENT E CRITICAI 'STRUCTURES April 22, 2011 Nir. BretFairbanks 520 Pacific St Tustin, CA 92780 Via email: bret~a paaficpro.occoxnxad.com Subjects Structural Engineering 13.eview and lrofessional Opinion related to Structural Soundness of Studio and 1-Bedroom Apartments and RecreationlStorage Room added to Residence at 5241 Pacific Street, Tustin, CA Dear Mr. Fairbanks: We aze pleased to present this Structural Report related to the structural review of the Studio and 1- Bedroom Apartment (Photo 1}and Recreation/Storage Room additions (Photo 5) to the historic residence, located at 520 Pacific Street, Tustin, CA. The ptu-pose of this report is to provide a professional structural engineering opinion as to the structural condition and soundness of the additions, and conceptual recommendations for further action, if required. Critical Struchrres, Inc. (CSI) performed site surveys on January 20 and April 14, 2011. to review accessible areas of the apartments; no probes or testing were performed. Original building drawings were not available for review. CSI xeviewed items of concern raised by the City inspector with the Owner and also reviewed the additions for any other items potentially unsound. The home is aone-story wood-framed single-family residence, built circa. 1927. The house is listed on historic surveys prepared by the California Department of Parks and Recreation and the City of Tustin. The entrance faces east. The home has been occupied by the Client since 1990. A wood- framed Studio Apartment addition, built circa 1935, occurs over the wood-framed detached gazage. A wood-framed carport cover occurs to the east of the garage entrance. A wood-framed 1-Bedroom Apartment, built circa 1945, with slab on grade, occurs to the west of the garage. A wood-framed Recreation/Storage Room building, with slab on grade and shed roof and canopy, occurs immediately west and behind the house. There are no records of building permits or certificates of occupancy for the additions. The City has cited the Apartments as non permitted, and has requested from the Owner a professional engineering review to address the structural soundness of the Apartments. There is no evidence of soil or foundation settlement; significant cracks throughout the ceiling and interior and exterior wall finishes were not observed. A crack in the garage slab on grade was observed; the crack is old and may have been caused by shrinkage of the concrete during or shortly after original construction and it is not of structual significance. The garage and Studio Apartment have a footprint approximately 16 feet wide by 18 feet deep, Sheathing at stud walls, Studio Apartment floor, and 1-Bedroom roof consists of straight woad sheathing. At both apartments, the roof joists with collar ties span to the exterior stud bearing walls at the north and south sides and roof and ceiling framing appear in sound condition. A wood beam at the garage ceiling, consisting of (2} 1-5/8" x 7-1/2"s sparming 16' 2", supports 8 feet tn'butary width of the 1193 N Tustin Ave, Anaheim. CA 92807-1736 1 949.981.0885 CRITICAL STRUCTURES Studio Apartment floor. One of the naminal 2 x 8s is not continuous from post to post, and the continuous member has a significant crack near midspan (Photo 2). At the east end, the nominal 2 x 8s bear on a 4x4 that is scabbed onto the 6 x 6 post. We recommend replacement of the cracked bw7,t up 2 x 8s with a new continuous built up framing member. As noted by the City, the girder along the midline of the carport cover is inadequately sized.. A 2x6 spans 16 feet, supporting 8 feet tn'butary width of deck and joist framing (Photo 3). We recommend replacement of the 2x6 with a new bu~1t up member. The wood framed stairs to the apartment, appeaz in sound srtructural condition. However, the posts are supported on concrete pedestals that simply bear on grade (Photo 4), and are not founded below grade. While settlement is not evident, to prevent future settlement from possible erosion of soils by groundwater, we r~ecommead that the existing pedestals be replaced with new concrete pedestals extending belay, grade. The Recreation/Storage Room canopy is supported by wood posts that either bear an exterior slab on grade or brick pavers (Photo 6); the wood is too close to grade and not has begun on some posts. We recommend new concrete pedestals. In general, with the exception of the buflt up beam at the garage ceiling, the flaming, sheathing and connections appear in general confiormance to the building code requirements in effect at the time of the Apartments' eonstruction. With the exception of the built up beam and stair post footings, the apartments are in good structural condition. We recommend the following conceptual struchxt-al rernediation to rehabilitate the apartments and the Recreation/Storage Room to sound stnrcl~ual condition: 1. Replace garage ceiling built up (2) 2 x 8s with new (2) i-3/4" x 11-7/8'° Microllam LVL engineered lumber, with rated and approved Simpson connection hardware at wood post east end and notched to bear an steel post at west end. 2. Replace carport 2x6 x 16'-0" with new (2)1-3/4" x 9-1/4" Micxollam LVL engineered lumber, with rated and approved Simpson connection hardware each end. 3. Replace existing stair post footings (7 total) with new concrete pedestals, minimum 12"x12" founded on sod 12"minimum below grade, with new Simpson post base hardware connected to existing posts. 4. At Recreatton/Storage Room canopy, trim bottoms of posts (5 total) and connect to new concrete pedestals, minimum 12"x12" founded on soft 12" minimum below grade, with new Simpson post base hardware connecxed to existing posts. Bottom of wood posts should be minimum 4" above grade. We trust this letter report responds to your current structural engineering requirements. This report does not express or imply any warranty associated with the existing structure and was developed based upon visual observations made during the site visit to the building. Please do not hesitate to contact us if you have any questions or require additional information. Very truly yours, Critical Structures, Inc. ~agFZOFESS/p~ f,., h~c . ~~~$~' IAA(/ 5,~• !t v o E C. Stovner, S.E., LEED AP ~ w No. S 4204 President / csrioos.oo~~aa~xe~acn~.~t~port_2aYioaxz .cam _. 1193 N Tustin Ave, Anaheim, CA 92807-1736 2 _ "` `'"`~~ 949.981.0885 CRITICAL 'STRUCTURES 1193 N Tustin Ave, Anaheim, CA 92807-1736 3 949.981.0885 .,_~~ y ~. ° . '° - ~ .;: ~~ ~~. ~< ~,.®,, ~~ t 1193 N Tustin Ave, Anaheim, CA 92807-1736 4 949.981.0885 CRITICAL 'STRUCTURES Phota~ 5 1193 N Tustin Ave, Anaheim, CA 92807-1736 5 949.981.0885 ATTACHMENT F ~ mm_~s,' b ~it;!~i~~:~~l~r~ ~ I~~~nle°~ "!I ~~ ~~li~~ T ~ 37878 Del Obispo Street ~ Suite 71 &339 ~ San Juan Capistrano, CA 92675 949.783.0727 April 21, 2011. Mr. Bret Fairbanks 520 Pacific Street Tustin, CA 92750 Re: 520 Pacific Street Residence ®ear Bret, In accordance with our agreement, we have performed cursory inspections /field visit & site walks, contextual & neighborhood observation, review of the City of Tustin's staff report "Attachment A, Code Compliance Issues Table" dated October 26, 2010, cursory review of the recent City Council Resolution 4161, and analysis of the various documents you've supplied to us' concerning your residential property. We therefore recommend compliance with the requirements of the Notice and Order identified in the staff report dated October 26, 2010 and our field observations, to the extent such corrections and remediation efforts are reasonably determined to be necessary, or appropriate, to ensure that the health, safety, end welfare of the occupants of the non-conforming buildings are adequately protected and preserved. Please note that zoning issues are not addressed since the subject property is considered anon-conforming structure based on the City Council's recent resolution. Therefore, only building items spec~ied in the staff report from 10/26/10 and our field observations from our cursory inspections are addressed below. Please note that our cursory field inspections were limited to the existing building areas which we could access. Areas completely covered /concealed, such as wail cavities, that are only accessible through invasive investigations, were not examined. The following pages are the proposed rsmediation corrections to be made. Please feel free to contact us with any questions. Sincerely, Paul Fulbright, AIA, irEEi3-AP Co-Founder /Principal F°utlaright Rodriguez ~Rrchitectsp lrtic. Page ~ 1 f s ~ jp~ a .~ ~ ~ ~~ ~. E~. % ~ , ~ rs~l#e~.~~r~ E~nnll, . Ur,~~ ~ :sj~ r 3187$ Del Ubispo Street I Suite i ~ &339 ~ San Juan Capistrano, CA 92675 949,783.0727 1.1 General Secttan: 1 b.) "It could not be determined if footing /foundations exist to provide adequate structural bracing and support to the structures." Pre seed Rerrnediatian: Refer to Structural Engineer's Report '& c.) "No fire separation walls befween units; therefore not in compliance with one hour separation requirement which poses a potential hr+a hazard to accupants." 'ra seed Remediatlan: Per the current 2010 California Residential Code, Title 24 Part 2.5, table 8302.6 "Dwelling /Garage !and/or Carport Separation", add "Not less than 5/8 inch Type ;K' gypsum board or equivalent'°, to the ceiling of the garage and the end garage wall to obtain a one hour fire resistive rating. 1d.) "Mechanical, electrical, and plumbing (Including HVAC) installation work done without permits. Permits are roquired to insure that life safefy protocol is followed and installation is done according to plan. Without such permits and inspectian, installation may create fire hazard, water damage, etC" PrQuosed Remediation~ Our cursory inspection determined that the mechanical, electrical, and plumbing appear to be in working order. Vile recommend having a licensed Genera( Contractor and/or a licensed Plumber clean and inspect these areas in detail and perform maintenance and repairs to ensure that all the mechanical, plumbing, and HVAC work within the unit are safe, secured, sealed, and in working order. Z.~ Second Starv 4Jnit Above Garage Sectlon• 2a.) "The second story wall canstruction'and windows adjacent to the property line do not comply with the fre protection requirements. The opening is not permitted as shown; exterior wa11 is not hre rated,• primary (and only) stairway restricts ingress egress in case of i<re or other emergency." Page~2 .ate. ~ ~, ~ ` E ~ €~ u _-x ,u ~ _ r,., ~rch~Ptf :ur: i~n fit,;. ~~~r~~r, ~. 1~~ F~. ~ ~: r? '.:, . 31878 Dei Obkpo Street ~ Suite i 18-339 ~ San Juan Capistrano, CA 92675 949.783.0727 Proposed Remediaftton: Per the 2010 Califomia Residential Code, Title 24 Part 2.5, Table 8302.1 (1 } "Exterior Walls - t3welling and Accessory Buildings Without Automatic Residential Fire Sprinkler Protection", when the minimum fire separation distance is less than 5 feet the minimum fire resistance rating for wails is a "1 hour-tested jassembly] !n accordance wifh ASTWi E 119, or UL 263 wifh exposure from both sides." Therefore, we recommend that a 1 hour assembly, such as 5/8" Type 'X' gypsum board on the interior and a 1 hour fire resistive siding on the exterior, be provided on the exterior and interior of the wall by removing and filling in the windows at the 2nd level where the entry to the carriage unit is. Furthermore, we recommend the door at the top of the stairs be replaced with a code required 1 hour rated door. The stairs should remain for ingress /egress to the carriage unit, refer to .item 2f below for man: detail. 26.) "The furnace insfalled without required permits daes not meet clearance requirements and creates a potential f<re hazard." F'r®a~ose~„rrltatton: Our cursory inspection determined that heater is a Paneiray Model "F" unit which was manufactured by the Day & Night Company of Monrovia, Califomia. These heating units were produced from the 1940's and 1950's fio be used as space heaters. The unit is gas fired and appears to be a radiant panel type of heater that produces heat through the transfer of radiant energy. The heater exhausts through a roughly 3"diameter ductwork to the outside. The lower panel of the unit has a door listing the specifics of the heater; these are as follows: {1) 12,000 t3TU/Hr, (2) Natural Gas, {3) F-1 Model No., and (4) MN 4006 Serial No. Per the 2010 Califomia Mechanical Code, Title 24, Part 4, Chapter 9, Section 924.0 "Room Heaters", Subsection 924.3 "Clearance" it states, "A room heater shall be placed so as not to cause a hazard to walls, floors, curtains, furniture, doors when open, and so on, and to the free movements ofpersons with/n the room. Heaters designed and marked, "For use in noncombusfible (replace only,"shall not be installed elsewhere. Listed room heaters shall be installed to accordance with their listings and the manufacturer's instructions. In no case shall the clearances be such as to interfere with combustion air and accessibility. Unlisted roam heaters shalt be installed wifh clearances from combustible material nat less than the following: [Note: A does not aPPIYI (®) Radiating Type. Room heaters other than those of the circulating type described In Section 924.3(a) shall have clearance at sides and rear of not less than eighteen (18) inches (460 mm), except that heaters that make use of metal, asbestos, or ceramic material to direct radiation to the front of the heater shall have a clearance of thirty-six (36) inches (910 mm) in front and, if constructed with a double back of metal or ceramic, Page~3 8 ~ 7 E... a ~ ~. .. ¢w ,. ;: ~. ~P~f~~~~~~fQf~ ~~ ~ n it ~rn 31878 lei Obispo Street Sufte 118-339 ~ San Juan Capistrano, CA 92675 949.783.0727 shall be permitted to be installed with a clearance of eighteen (18) inches (460 mm) at sides and fwelve (12) inches (300 mm) at rear. Combustible floors under unlisted room heaters shall be protected in an approved manner. (NFPA 54:10.23.3j" We recommend a licensed contractor move the heater to comply with the code required clearances mentioned above, and extend the existing exhaust venting. We also recommend mounting the heater to the floor on an approved base determined by the NFPA 54:10.23.3.. "c.) "Exposed electrical next to unpermifted furnace which causes a potential tiro hazard." i~raoosed Remediati~an: We recommend that the property owner remove the power strip, television, and dvd ! vcr equipment and placing them a safe distance, based upon manufacturer /equipment specifications, away from the heating furnace to' minimize safety hazards and damage to any electrical and / or video equipment 2r~.) "Krfchen cooking facilities not permitted in guest unit. Plumbing and electrical installed without permits. Permits are required fa insure that life safety protocol is folio .wed and installation is done according to plan. Without such permits and inspection, installation may creafe hr~s hazard, water damage, etc. " P.~r~a~d Remedlatlon: Based upon the recent City Council Resolution 4161, the carriage unit is considered part of anon-conforming structure. Therefore kitchen facilities are allowable. However, our cursory inspection determined that the kitchen does not appear to have GFI outlets or a hood above the current range. See item 2f below regarding the GFI outlets. Per the 2010 California Mechanical Code, Title 24, Part 4, Chapter 5, Section 504.0, Subsection 504.2 "Domestic Range Vents" it states, "Ducts used for domestic kitchen range ventilation shat! be of metal and shall have smooth inferior surfaces. Ducts for domestic range hoods shall only serve cooking appliances. " We recommend having a licensed contractor install a code compliant UL listed hood above the existing range along with proper exhaust venting through to the roof. 2~.) "Shower added onto original structure. This requires a building permit to add additional square footage (pop-ouf) and permits for plumbing and waterproohng." ~rot~aased i2emediation: Our cursory inspection determined that the shower does not appear to pose any life / Page~4 .< ~ ~~ ~ ,. ~~r~~it~~tr I°~Anl.~9.~ . wr~w~~ :~ ~~i;~, 31878 De! Obispo Street !Suite 118-339 !San Juan Capistrano, CA 92675 949.783.0727 safety threats at this time to occupants. We recommend cleaning the area and have a licensed contractor, plumber, andlor electrician perform a detailed inspection and provide standard maintenance & repairs as needed to ensure the framing, plumbing, electrical, and venting /exhaust connections are sealed, properly braced, and in working order. 2t.) "(Exterior Sfairj Railing has no intermediary posts. and the run and rise are not compliant with Building Code requirements nor is Nte unprotected back which is open. This poses a potential falling hazard for small children." P__~sed _Remadlation: Per the 2010 Califomia Building Code, Title 24, Part 2, Volume 1 of 2, Chapter 10 "Means of Egress", Subsection 1009.4.2 "Riser Height and Tread Depth" it states, "Stair riserheights shall be 7lnches (978 mm) maximum and 4 inches (902mm) minimum. The riser height shall be measured vertically betuveen the Jeading edges of adjacenf treads. R®ctangu/ar tread depths shall be 91 Inches (279 mm) minimum measured horizontally between the vertical planes of the foremost projection of adjacent treads and at a right angle to the tread's leading edge. Per the 2010 Califomia Building Code, Title 24, Part 2, Volume 1 of 2, Chapter 10 "Means of Egress", Subsection 1012.2 "Height" it states, "Handrail height, measun:d above stair tread nosings, ar frnish surtace of ramp slope, shall be uniform, not less than 34 inches (864 mm) and not more than 38 inches (965mm)." Per the 2010 Califomia Building Code, Title 24, Part 2, Volume 1 of 2, Chapter 10 "Means of Egress", Subsection 1012.6"Handrail extensions" it states, "Handrails shall return to a wall, guard or the walking surtace or shall be continuous to the handrail of an adjacent star flight or ramp run. Where handrails are not continuous between flights, the handrails shall extend horizontally at least 12 inches (305 mm) beyond the top riser and continue to scope for the depth of one tread beyond the bottom riser. Per the 2010 Califomia Building Code, Title 24, Part 2, Volume 1 of 2, Chapter 10 "Means of Egress°', Subsection 1013.3"Opening Limitations" it states, "Required guards shill not have openings which allow passage of a sphere 4 inches (902 mm) in diameter from the walking surface fo the required guard height Our cursory inspection determined that the exterior stair providing ingress /egress to the carriage unit above the garage does appear to have code deficiencies. We noticed that the stair railing height and intermediary posts do not currently comply with code. We measured some of the treads and risers, which appear to be dimension out at 10.5 inches and 7 inches respectively. However, we did not measure all of them to determine the existing dimensions of all treads and risers. We also noticed that the treads are an open configuration, which could pose a potential trip hazard. We recommend that the stairs be brought into compliance by constructing proper depth treads and height risers, Page~S ~ ~. ~' ~, , 3;~ ., ,~ ~,<a irc.tt c~~r=~ i ~i~1~; ~~~~~ ~~~1~~~ 31878 Del Obispo Street ~ Suite 118-339 ~ San Juattn Capistrano, CA 92675 949.783.0727 if they do not measure out at the code minimum stated above. Also, we suggest placing solid risers on the entire run of stairs to minimize trip hazards. Furthermore, we recommend adding handrails on both sides at a minimum 34" OR maximum of 38" height and adding vertical support pickets per the code sections above to bring the stairs into code compliance. Handrail extensions will also need to be provided at the bottom of the stairs per the code section above. We also recommend sealing and painting the new work to match the existing as much as possible. 2g.) "There /s no property Line firewall separation between the staircase and the property line." Prcapc~sed Rernedstion: Modify the stairs according to item 2f above and replace risers, treads, and railings with a listed 1 hour fire rated material /coating. ~h.) "Roof drains onto neighboring property which may cause #looding." Prc~ .Deed R ediatl+on: Our cursory inspection determined that the roof drains do not appear to pose any life / safety threats at this time to as rain gutters and downspouts are installed. We recommend that a licensed contractor / roofdr perform a more detailed inspection and ensure the existing rain gutters are properly secured and clean /free of debris. 2i.) There were not any visible and operating smoke detector's within the sleeping area of the carriage unit. F'rocaosed Remedtation: Per the 2010 California Residential Code, Title 24 Part 2.5, Section R314 "Smoke Alarms" subsection R314.3 "Location" states, "Smoke alarms shall be installed in the foPlow/ng locaffons: 1. /n each sleeping mom. 2. Outside each separate sleeping area in the immediate vicinity of the bedrooms." Therefore, we recommend installing new smoke detectors within the sleeping area of the carriage unit per code. 2j.) The existing outlets in both the wet areas of the kitchen and bathroom appear to be older / non-GFi type of receptacles, which pose a potential danger to occupants. i~royosed Remedtation: i~erthe 2010 California Electrical Code Section 210.8, "Provide G.F.I. protection Page ~ 6 ~ ~ _~ ~ ,~. "z`,~ .~~~~ a sa~ .. ~ .~~€4"s~.z?a `rehi,~~~~r~ i~x:anli.g ~ ~ra~~ ~~si~~' 31878 Del Obispo Street ~ Suite 118-339 ~ San Juan Capistrano, CA 92675 949.783.0727 to alt 12 volt, 15, and 20 amp receptacles installed indoors, in bathrooms, in basement, at countertop surfaces within 6 feet of a sink)..." As required by code, replace ail the necessary kitchen and bathroom outlets with new GFI type of receptacles. 2i~ .) The support pasts underneath the entry to the carriage unit do not appear to be adequately braced /supported by a proper footing /foundation. prop~ased Rannedtatton: Refer to Structural Engineer's Report ~, .Car ort ec~ttcsn: 3a.) "Structural supports do not provide sufficient supporting rafters. Roof members are undersized to provide adequate support." Propos~aefi Rernediattsar€: Refer to Structural Engineer's Report 3c.) "Unsupported a/ectrical metal conduit (EMT) between garage and house. The potential for damage and failure due to the exposure of the line is increased and poses a potential fire hazard." proposed Remedtatton: Per the 2010 California Electrical Code Article 344 "Rigid Meta! Conduit (RMCJP', Section 344.30 "Securing and Supporting" under subsection (B) "Supports" ft Is stated, " RIIAC shall be supported in accordance with one of the following: 1.)~ Conduit shall be supported at intervals not exceedfig 3 m(10ft). 2.) The distance between supports for straight runs of condu/f shall be pemtitted 2. Continued) In accordance with Table 344.30(8)(2), provided the conduit is made up with threaded couplings and such supports prevent transmission of stresses to termination where conduit is deflected between.supports." "Table 344.30(8)(2) Supports for Rigid Metal Conduit Condu/t Size hfaxlmum Distance Between RMC Supports 1/2 - 3/4 10 feef 1 12 feet 1-1/4 - 1-1/2 14 feet 2 - 2-1/2 18 feef 3 and larger 20 feat" Our cursory inspection determined the metal conduit appears to need simple repairs completed by adding additional metal bracing at the code required distances. We recommend bracing be provided spaced at 10 foot intervals, or based upon the size of Page~7 _.. ~~ 1. ~r~~~t ~t~;~re ~-a~katn~ ~ ~r~rt ~~~Irt~ 31878 Del Obispo Street ~ Suite 118-339 ~ San.luan Captstrano, CA 92675 949.783.0727 the conduit in accordance with table 344.30(8}(2) above;. 4.) Garane Section: ~~a.) "IVo rating separation between walls of garage and living units,• thus exposJng tenants above and next to garage to firs hazard originating in the garage." l~~rotoosed Reediation: Referto item 1c above 4b.) "Electrical wiring: romex cannot be exposed or unprotected and must be attached / secun:d.(Romex was first used in the ?950's. Color coding (yellow) wasn`tavailab/e until 2001." Prooosed R®medlatic~n: Per the 2010 California Electrical Code Chapter 3 "Wiring Methods and Materials", Section 300.4 "Protection Against Physical Damage." it states, "Where subject to physical damage, conductors shall be protected." Therefore, we recamhlend covering the romex with code required conduit andlor covering with 5/8" Type °X' drywall. We recommend having a licensed contractor, or electrician, perform a detailed inspection and provide repairs by installing code r®quired covering /conduit, bracing, and Junction boxes. 5:~ Rear Residential BJnlt Sec~,i®n: 5b.) "Heater installed with a gas line without permits. It is installed on a combustible wood sided waN which poses as potential fire hazard due to the combusfib/e materlaL" 1Pcot~ased_Remediatton: ®ur cursory inspection determined that the heater is a Williams 14,000 BTU Direct-Vent Natural Gas Wall Furnace, Model No.1403622 produced by the Williams Furnace Company. Per the 2010 California Mechanical Code, Title 24, Part 4, Chapter 9 "installation of Specific Appliances'°, Section 928.0 "Wall Furnaces", Subsection 928.1 "Installation" it lists the following conditions: "(A) Listed wall fumaces shall be installed in accordance with their listings and the manufacturer's instructions. Wall fumaces installed in or attached fo combustible material shall be listed for such installation. jNFPA 54: 10.27.1.1 J (B) Unlisted wall fumaces shall not be Installed in or attached to combust/b/e material. jINFPA 54: 10.27.1.2J" This wall furnace appears to be new, safe, and in working order. We recommend leaving the heater in place and have a licensed contractor /plumber ensure the unit is installed per one of the two code compliant options above. Page~B . ~ ~ ~ ~ z ~. ~ r ~f~w~;urv ~.,;n~l~~ ~~~~n ,.~I~a r . 31878 Del Obispo Street j Suite i 1 &339 ~ San Juan Capistrano, CA 92675 949.783.0727 5d.> "Improper and subsfandard electrical wiring wifhout permit -power strip next fo kitchen sink where a range might have been previously. Plumbing added without permit." Pro„,posed Remedia°tiort: A range /stove was not observed installed in this area and the power strip has been removed, and the only other connection we saw was a water valve that Seems to operate a hose on the exterior, This is a none-issue as it has been remediated. #.) "Unsecured and exposed gas line on the interior wh/ch poses a potential gas leak and fire hazard within the rear unit " Pr~aoosad Remediation: Our cursory inspection determined that the gas line does not appear to be a working and pressurized gas supply line at this time. We recommend having a licensed contractor, or plumber, provide standard maintenance ~ repairs by removing and capping the current gas line as it is not connected to a working gas supply. fig.) "Insulat/on~ (appears to be straw bale} has a h/gh flame spread rating. " Proposed Remediation: Our cursory inspection determined that treated straw insulation does exist within walls. Further research determined that the insulation was typical of construction techniques of the first half of the 20th century. Per the 2010 Catifomia Residential Code, Title 24 Part 2.5, Section R302.10 "Flame spread Index and smoke developed index for insulation." states, °'R302.10 Flame spread and smoke developed index for Insulafion shall be in accordance with Sections R302.10.1 through R302.10.5." Section R302.10.1 "insulation", states, "Insulation materials, including facings, such as vapor retarders and vapor-permeable membranes installed within floor-telling assemblies, roof-ceiling assemblies, wall assemblies, crawl spaces and attics shall have a flame spread index not to exceed 25 with an accornpanyfng smoke-developed index not to exceed 450 when tested in accordance with ASTM E 84 or UL 723. .Exceptions: 1. When such materials are installed in concealed spaces, the flame spread index and smoke-developed Index limitations da not apply to the facings, provided that the facing is installed in substantial contact with the unexposed surface of the ceiling, floor or wall finish." The existing insulation appears to be primarily covered substantially by interior drywall and exterior siding with the exception of a few small locations behind cabinets in the kitchen. We recommend that those exposed areas be covered with gypsum board to completely cover the wall cavity and exposed insulation. The asst of the insulation, if Page~9 ~ ~~~x~e ~ 31878 Del Obispo Street j Suite 118-339 ~ San Juan Capistrano, CA 92675 949.783.07x7 any, appears to be undisturbed and does not pose an immediate life /safety threat and we therefore recommend that should be left as is as. :,M""~.) There were not any visible and operating smoke detectors within the sleeping area of the rear unit. ranc~sed Re~-~~editlan: Per the 2010 California Residential Code, Title 24 Part 2.5, Section R314 '°Smoke Alarms" subsection R314.3 "Location°' states, "Smoke alarms shall be installed in fhe following locations: 7. in each sleeping room. 2. Outside each separate sleeping area in the immediate vicinity of the bedrooms." Therefore, we recommend Installing new smoke detectors within the sleeping area of the rear unit per code. aa.) The existing outlets in both the wet areas of the kitchen and bathroom appear to be older / non-GFI type of receptacles, which pose a potential danger to occupants. Proaosed Remedia~on: Per the 2010 California Electrical Cade Section 210.8, "Provide G.F.I. protection to all 12 volt, 15, and 20 amp receptacles Installed indoors, in bathrooms, in basement, at countertop surfaces (within 6 feet of a sink)..." As required by code, replace all the necessary kitchen and bathroom outlets with new GFI type of receptacles. 6.) Recreational room (detached) Isection• 8a.) "Tire room is considered `habitable space" and appears to not provide sufficient ventilation, heat and light. " Pronased Remedtation: Our cursory inspection determined that this space is approximately 230 square feet of interior habitable. area. There are three operable windows and one door. The windows have an overall glazed area of approiimately 18.4 square feet and the door has an area of approximately 19.5 square feet. Roughly half of the window area at 9.2 square feat, and the entire door area at 19.5 square feet, are openabie to provide natural ventilation. The combined window and door area equals approximately 37.4 square feet, whereas the combined openabie window and door area equals 28.7 square feet. Per the 2010 California Residen#ial Code, Title 24 Part 2.5, section 8303 "Light, Ventilation, and Heating" under subsection R303.1 "Habitable Rooms s Ali habitable rooms shall have Page ~ 10 ATTACHMENT G CRITICAL STRUCTURES May 25, 2011 Mr. Y. Henry Huang, P.E., CBO Building Official, City of Tustin c/o Mr. BretFaixbanks 520 Paaffc St Tustin, CA 92780 Subject: Safe to Occupy Studio and 1-Bedroom Agarhnents and Recreation/Storage Itooxn added to ll.esideaace at 52@ Pac€flc Street, Tustin, CA Dear Mr. Huang: Per requirement of your letter of May 16, 2011, the purpose of this letter is to state that it is our professional opinion that the existing added units which have been used far over 60 years are structurally safe to continue to occupy before rehabilitation is complete, with the provision that temporary shoring, consisting of nominal 4x4 timber posts, be plaeed at each end of the split in the garage beam. Please do not hesitate to contact us if you have any questions or require additional information. Very truly yours, Critical Stlucriues, Inc. Eric C. Stovner, S.E., LEED AP O+M President CS11005.OO;,FairbaaksReaidence'I~stin_I,etter 20110525 1193 N Tustin Ave, Anaheim, CA 92807-1736 1 949.981.0885 ATTACHMENT C UCADB SECTION 501.3 AND UHC SECTION 1201.3- SCHEDULING AND NOTICING APPEAL FOR HEARING 1997 ABATEMENT OF DANGEROUS BUILDINGS Chapter 5 APPEAL SECTION 501 -GENERAL 501.1 Form of Appeal. Any person entitled to service under Section 401.3 may appeal from any notice and order or any action of the building official under this code by filing at the office of the building official a written appeal containing: 1. A heading in the words: "Before the board of appeals of the .......... of .........,> 2. A caption reading: "Appeal of ........ ," giving the names of all appellants participating in the appeal. 3. A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order. 4. A brief statement in ordinary and concise language of the spec order or action protested, together with any material facts claimed to support the contentions of the appellant. 5. A brief statement in ordinary and concise language of the re- lief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside. 6. The signatures of all parties named as appellants and their official mailing addresses. 7. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the ap- peal. The appeal shall be filed within 30 days from the date of the service of such order or action of the building official; provided, however, that if the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or adjacent property and is ordered vacated and is posted in accordance with Section 404, such appeal shall be filed within 10 days from the date of the service of the notice and order of the building official. 501 504 501.2 Processing oP Appeal. Upon receipt of any appeal filed pursuant to this section, the building official shall present it at the next regular or special meeting of the board of appeals. 501.3 Scheduling and Noticing Appeal for Hearing. As soon as practicable after receiving the written appeal, the board of ap- peals shall fix a date, time and place for the hearing of the appeal by the board. Such date shall not be less than 10 days nor more than 60 days from the date the appeal was filed with the building official. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing to each appellant by the secretary of the board either by causing a copy of such notice to be delivered to the appellant personally or by mail ing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal. SECTION 502 -EFFECT OF FAILURE TO APPEAL Failure of any person to file an appeal in accordance with the pro- visions of Section 501 shall constitute a waiver of the right to an administrative hearing and adjudication of the notice and order or any portion thereof. SECTION 503 -SCOPE OF HEARING ON APPEAL Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal. SECTION 504 -STAYING OF ORDER UNDER APPEAL Except for vacation orders made pursuant to Section 404, en- forcement of any notice and order of the building official issued under this code shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. 1997 UNIFORM HOUSING CO®E 1201 1204 Chapter 12 APPEAL SECTION 1201 -GENERAL 1201.1 Form of Appeal. Any person entitled to service under Section 1101.3 may appeal from any notice and order or any ac- tion of the building official under this code by filing at the office of the building official a written appeal containing the following: 1. A heading in the words: "Before the board of appeals of the.......... of.......... 2. A caption reading: "Appeals of .......... ", giving the names of all appellants participating in the appeal. 3. A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order. 4. A brief statement in ordinary and concise language of that specific order or action protested, together with any material facts claimed to support the contentions of the appellant. 5. A brief statement in ordinary and concise language of the re- lief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside. 6. The signatures of all parties named as appellants and their official mailing addresses. 7. The verification (by declazation under penalty of perjury) of at least one appellant as to the truth of the matters stated in the ap- peal. The appeal shall be filed within 30 days from the date of the ser- vice of such order or action of the building official, provided, how- ever, that if the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or adjacent property and is ordered vacated and is posted in accordance with Section 1104, such appeal shall be filed within ]0 days from the date of the service of the notice and order of the building official. 1201.2 Processing of Appeal. Upon receipt of any appeal filed pursuant to this section, the building official shall present it at the next regular or special meeting of the boazd of appeals. 1201.3 Scheduling and Noticing Appeal for Hearing. As soon as practicable after receiving the written appeal, the housing advi- sory and appeals boazd shall fix a date, time and place for the heaz- ing of the appeal by the boazd. Such date shall be not less than 10 days or more than 60 days from the date the appeal was filed with the building official. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the heaz- ing to each appellant by the secretary of the boazd either by caus- ing acopy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, ad- dressed to the appellant at the address shown on the appeal. SECTION 1202 -EFFECT OF FAILURE TO APPEAL Failure of any person to file an appeal in accordance with the pro- visions of Sections 1101 and 1201 shall constitute a waiver of the right to an administrative hearing and adjudication of the notice and order or to any portion thereof. SECTION 1203 -SCOPE OF HEARING ON APPEAL Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal. SECTION 1204 -STAYING OF ORDER UNDER APPEAL Except for vacation orders made pursuant to Section 1104, en- forcement of any notice and order of the building official issued under this code shall be stayed during the pendency of an appeal therefrom that is properly and timely filed. 23 ATTACHMENT D UCADB CHAPTER 6 AND UHC CHAPTER 13- PROCEDURES FOR CONDUCT OF HEARING APPEALS 1997 ABATEMENT OF DANGEROUS BUILDINGS 601 604.7.2 Chapter 6 PROCEDURES FOR CONDUCT OF HEARING APPEALS SECTION 601 -GENERAL things in possession or under control. A subpoena need not be is- sued when the affidavit is defective in any particular. 601.1 Hearing Examiners. The board may appoint one or more hearing examiners or designate one or more of its members to serve as hearing examiners to conduct the hearings. The examiner hearing the case shall exercise all powers relating to the conduct of hearings until it is submitted to the board for decision. 601.2 Record. A record of the entire proceedings shall be made• by tape recording or by any other means of permanent recording determined to be appropriate by the board. 601.3 Reporting. The proceedings at the hearing shall also be reported by a phonographic reporter if requested by any party thereto. A transcript of the proceedings shall be made available to all parties upon request and upon payment of the fee prescribed therefor. Such fees may be established by the board, but shall in no event be greater than the cost involved. 601.4 Continuances. The board may grant continuances for good cause shown; however, when a hearing examiner has been assigned to such hearing, no continuances may be granted except by the examiner for good cause shown so long as the matter re- mains before the examiner. 601.5 Oaths--Certification. In any proceedings under this chapter, the board, any board member, or the hearing examiner has the power to administer oaths and affirmations and to certify to official acts. 601.6 Reasonable Dispatch. The board and its representatives shall proceed with reasonable dispatch to conclude any matter be- fore it. Due regard shall be shown for the convenience and neces- sity of any parties or their representatives. SECTION 802 -FORM OF NOTICE OF HEARING The notice to appellant shall be substantially in the following form, but may include other information: "You are hereby notified that a hearing will be held before (the board of appeals or name of hearing examiner) at ........... on the............ day of .. ... .... , 19 ....... , at the hour ......... ,upon the notice and order served upon you. You may be present at the hearing. You may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to cross-ex- amine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by filing an affidavit therefor with (board of appeals or name of hearing ex- aminer)." SECTION 803 -SUBPOENAS 603.1 Filing of Affidavit. The board or examiner may obtain the issuance and service of a subpoena for the attendance of wit- nesses or the production of other evidence at a hearing upon the request of a member of the board or upon the written demand of any party. The issuance and service of such subpoena shall be ob- tained upon the filing of an affidavit therefor which states the name and address of the proposed witness; specifies the exact things sought to be produced and the materiality thereof in detail to the issues involved; and states that the witness has the desired 603.2 Cases Referred to Examiner. In cases where a hearing is referred to an examiner, all subpoenas shall be obtained through the examiner. 603.3 Penalties. Any person who refuses without lawful excuse to attend any hearing or to produce material evidence which the person possesses or controls as required by any subpoena served upon such person as provided for herein shall be guilty of a misde- meanor. SECTION 804 -CONDUCT OF HEARING 604.1 Rules. Hearings need not be wnducted according to the technical rules relating to evidence and witnesses. 604.2 Oral Evidence. Oral evidence shall be taken only on oath or affirmation. 604.3 Hearsay Evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any duect evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over abjection in civil actions in courts of competent jurisdiction in this state. 604.4 Admissibility of Evidence. Any relevant evidence shall be admitted if it is the type of evidence on which responsible per- sons are accustomed to rely in the conduct of serious a$airs, re- gardless of the existence of any common Law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state. 604.5 Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be excluded. 604.6 Rights of Parties. Each party shall have these rights, among others: 1. To call and examine witnesses on any matter relevant to the issues of the hearing; 2. To introduce documentary and physical evidence; 3. To cross-exarnine opposing witnesses on any matter rele- vant to the issues of the hearing; 4. To impeach any witness regardless of which party first called the witness to testify; 5. To rebut the evidence; and 6. To be represented by anyone who is lawfully permitted to do so. 604.7 Official Notice. 604.7.1 What may be noticed. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or of official records of the board or depart- ments and ordinances of the city or rules and regulations of the board. 604.7.2 Parties to be notified. Parties present at the hearing shall be informed of the matters to be noticed, and these matters shall be noted in the record, referred to therein, or appended there- to. 11 1997 UNIFORM HOUSING CODE - Chapter 13 PROCEDURES FOR CONDUCT OF HEARING APPEALS SECTION 1301 -GENERAL 1301.1 Hearing Examiners. The board may appoint one or more hearing examiners or designate one or more of its members to serve as hearing examiners to conduct the hearings. The ex- aminer hearing the case shall exercise all powers relating to the conduct of hearings until it is submitted to the board for decision. 1301.2 Record. A record of the entire proceedings shall be made by tape recording, or by any other means of permanent recording determined to be appropriate by the board. 1301.3 Reporting. The proceedings at the hearing shall also be reported by a phonographic reporter if requested by any party thereto. A transcript of the proceedings shall be made available to all parties upon request and upon payment of the fee prescribed therefor. Such fees may be established by the board, but shall in no event be greater than the cost involved. 1301.4 Continuances. The board may grant continuances for good cause shown; however, when a hearing examiner has been assigned to such hearing, no continuances may be granted except by the examiner for good cause shown so long as the matter re- mains before the examiner. 1301.5 Oaths-CertiFcation. In any proceedings under this chapter, the board, any boazd member or the hearing examiner has the power to administer oaths and affirmations and to certify to of- ficial acts. 1301.6 Reasonable Dispatch. The board and its representatives shall proceed with reasonable dispatch to conclude any matter be- fore it, Due regard shall be shown for the convenience and neces- sity of any parties or their representatives. SECTION 1302 -FORM OF NOTICE OF HEARING The notice to appellant shall be substantially in the fallowing form, but may include other information: You are hereby notified that a hearing will be held before (the board of appeals or name cif hearing examiner) at .............. on the day of ...... , 19 ...... , at the hour ....... ,upon the notice and order served upon you. You may be present at the hearing. You may be, but need not be, rep- resented by counsel. You may present any relevant evidence and will be given full opportunity to cross-examine all wit- nesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the pro- duction of books, documents or other things by filing an affida- vit therefor with (board of appeals or name of hearing examiner). SECTION 1303 -SUBPOENAS 1303.1 Filing of Affidavit. The board or examiner may obtain the issuance and service of a subpoena for the attendance of wit- nesses or the production of other evidence at a hearing upon the request of a member of the board or upon the written demand of any party. The issuance and service ot'such subpoena shall be ob- tained upon the filing of an affidavit therefor that states the name and address of the proposed witness, specifies the exact things sought to be produced and the materiality thereof in detail. to the issues involved, and states that the witness has the desired things 1301 1304.7.2 in possession or under control. A subpoena need not be issued when the affidavit is defective in any particular. 1303.2 Cases Referred to Examiner. In cases where a hearing is refen•ed to an examiner, al] subpoenas shall be obtained through the examiner. 1303.3 Penalties. Any person who refuses without lawful ex- cuse to attend any hearing, or to produce material evidence that the person possesses or controls as required by any subpoena served upon such person as provided for herein, shall be guilty of a misde- meanor. SECTION 1304 -CONDUCT OF HEARING 1304.1 Rules. Hearings need not be conducted according to the technical rules relating to evidence and witnesses. 1304.2 Oral Evidence. Oral evidence shall be taken only on oath or affirmation. 1304.3 Hearsay Evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state. 1304.4 Admissibility of Evidence. Any relevant evidence shall be admitted if it is the type of evidence on which responsible per- sons are accustomed to rely in the conduct of serious affairs, re- gardless of the existence of any common law or statutory rule that might make improper the admission of such evidence over objec- tion in civil actions in courts of competent jurisdictions in this state. 1304.5 Exclusion of Evidence. Irrelevant and unduly repeti- tious evidence shall be excluded. 1304.6 Rights of Parties. Each party shall have the following rights, among others: 1. To call and examine witnesses on any matter relevant to the issues of the hearing. 2. To introduce documentary and physical evidence. 3. To cross-examine opposing witnesses on any matter rele- vant to the issues of the hearing. 4. To impeach any witness regardless of which party first called the witness to testify. To rebut the evidence. 6. To be represented by anyone who is lawfully permitted to do so. 1304.7 Official Notice. 1304.7.1 What may be noticed. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact that may be judicially noticed by the courts of this state or of official records of the board or depart- ments and ordinances of the city or rules and regulations of the board. 1304.7.2 Parties to be noticed. Parties present at the hearing shall be infornted of the matters to be noticed, and these matters shall be noted in the record, referred to therein, or appended thereto. 25 1304.7.3 1305.8 1304.7.3 Opportunity to refute. Parties present at the hearing shall be given a reasonable opportunity, on request, to refute the officially noticed matters by evidence or by written or oral presen- tation of authority, the manner of such refutation to be determined by the board or hearing examiner. 1304.7.4 Inspection of the premises. The board or the hearing examiner may inspect any building or premises involved in the ap- peal during the course of the hearing, provided that (i) notice of such inspection shall be given to the parties before the inspection is made, (ii) the parties are given an opportunity to be present dur- ing the inspection, and (iii) the boazd or the hearing examiner shall state for the record upon completion of the inspection the material facts observed and the conclusions drawn therefrom. Each party shall then have a right to rebut or explain the matters so stated by the board or hearing examiner. SECTION 1305 -METHOD AND FORM OF DECISION 1305.1 Hearing before Board Itself. When a contested case is heard before the board itself, a member thereof who did not hear the evidence or has not read the entire record of the proceedings shall not vote on or take part in the decision. 1305.2 Hearing by the Examiner. If a contested case is heard by a hearing examiner alone, the examiner shall, within a reason- able time (not to exceed 90 days from the date the hearing is closed), submit a written report to the boazd. Such report shall con- tain abrief summary of the evidence considered and state the ex- aminer's findings, conclusions and recommendations. The report also shall contain a proposed decision in such form that it may be adopted by the board as its decision in the case. All examiner's re- ports filed with the board shall be matters of public record. A copy of each such report and proposed decision shall be mailed to each party on the date they are filed with the boazd. 1997 UNIFORM HOUSING CODE 1305.3 Consideration of Report by Board-!notice. The boazd shall fix a time, date and place to consider the examiner's report and proposed decision. Notice thereof shall be mailed to each interested party not less than five days prior to the date fixed, unless it is otherwise stipulated by all of the parties. 1305.4 Exceptions to Report. Not later than two days before the date set to consider the report, any party may file written ex- ceptions to any part or all of the examiner's report and may attach thereto a proposed decision together with a written argument in support of such decision. By leave of the board, any party may present oral argument to the board. 1305.5 Disposition by the Board. The board may adopt or re- ject the proposed decision in its entirety or may modify the pro- posed decision. 1305.6 Proposed Decision Not Adopted. If the proposed deci- sion is not adopted as provided in Section 1305.5, the boazd may decide the case upon the entire record before it, with or without taking additional evidence, or may refer the case to the same or another hearing examiner to take additional evidence. If the case is reassigned to a hearing examiner, the examiner shall prepare a re- port and proposed decision as provided in Section 1305.2 hereof after any additional evidence is submitted. Consideration of such proposed decision by the board shall comply with the provisions of this section. 1305.7 Form of Decision. The decision shall be in writing and shall contain findings of fact, a determination of the issues pres- ented and the requirements to be complied with. A copy of the de- cision shall be delivered to the appellant personally or sent by certified mail, postage prepaid, return receipt requested. 1305.8 Effective Date of Decision. The effective date of the de- cision shall be as stated therein. 26