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HomeMy WebLinkAboutRES NO 94-11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 I i 23 24 25 26 27 28 RESOLUTION NO. 94-1 A RESOLUTION OF THE BOARD OF APPEALS OF THE CITY OF TUSTIN, UPHOLDING THE DECISIONS OF THE BUILDING OFFICIAL CONTAINED IN THE NOTICE AND ORDER DATED JANUARY 24, 1994, REQUIRING DEMOLITION OF 189 & 1898 E. MAIN STREET AND SEISMIC RETROFIT AND PROPERTY RE ILITATION OF 191, 293 195 E. MAIN STREET AND THE ASSOCIATED GROUNDS ALL LOCATED ON APN 4Q1-5$5- O1, TUSTIN, CALIFORNIA 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 during September, 1993, the Building Official inspected the exterior portions of 189, 1898, 191, 193 and 195 E. Main Street. B. That on October 29, 1993 the Building Official, Senior Planner, Code Enforcement Officer, Police Officer and Orange County Fire Inspector inspected the interior portions of 189, 1898, 191, 193 and 195 E. Main Street with the permission of and in the presence of the property owner and his attorney. C. That on January 24, 1994 the Building Official issued a proper Notice and Order to the property owner via certified mail describing those conditions which violate City and or State laws and established reasonable time periods for correction of those violations. D. That on February 23, 1994 an appeal was filed by the owner's attorney, on the behalf of the property owner, with the Building Official contesting all required actions contained in the notice and order dated January 24, 1994. E. That pursuant to such appeal, a public hearing before the Board of Appeals was duly noticed for 6:00 p.m. on April 11, 1994. F. That witnesses were properly sworn and oral and documentary evidence was duly presented to the Board of Appeals an April 11, 1994. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2a 21 22I 2 3 ~. 24 25 26 27 28 Board of Appeals Resolution No. 94-1 Page 2 II. The Board of Appeals hereby further finds and resolves as follows: A. That based upon records contained in the property record file maintained by the City, the following violations have been identified prior to the inspection of the property on October 29, 1993 and those violations continue as uncorrected violations and were duly listed in the Notice and Order January 24, 1994: 1. That on March 7, 1977, 191, 193 and 195 E. Main Street were identified as having roof leaks. 2. That on January 3, 1978, the parking surfaces between 1898 and 193 E. Main were identified as broken, cracked and uneven. 3. That on June 30, 1978, 191, 193 and 195 E. Main Street were identified as having unused and abandoned wiring, conduits, plumbing and heating vents that require proper termination or removal. These same buildings also lacked proper exits and exit signage. 4. That on June 30, 1978 the metal clad agricultural sheds were identified as illegally occupied and were required to be vacated by August 19, 1978. 5. That on November 17, 1989 the property was identified as having poorly constructed fencing surrounding portions of the property which was illegally constructed. 6. That on November 17, 1989 the property was identified as having illegally stored construction materials behind 189 and 189B E. Main Street. 7. That on November 17, 1989, 189 and 195 E. Main Street were again identified as being illegally occupied without a certificate of occupancy. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19' 20 21 22 23 24 25 26 27 28 Board of Appeals Resolution No. 94-1 Page 3 8. That on November 17, 1989, l93 and 195 E. Main Street were identified as having illegal modifications to exterior elevations without the required certificate of appropriateness. 9. That on October 22, 1991, 189, 189B, 191, 193 and 195 E. Main Street were identified as having inadequate exits and fire extinguishers. B. That there is substantial evidence that each of the violations identified in the January 24, 1994 Notice and Order exists. C. That 189 and 189B E. Main Street present a clear threat to the health and safety of the community and that the buildings are declared to be dangerous buildings per the Uniform Code far the Abatement of Dangerous Buildings in that: 1. The buildings have inadequate exits and aisles. Dangerous Building Code Section 302 (1} 2. The structural components of the building are overstressed. Dangerous Building Code Section 302(3} 3. The pardons of the buildings which project over public ways are unsafe. Dangerous Building Code Section 302(5} 4. The buildings are not adequate to resist wind forces. Dangerous Building Code Section 302 {6} 5. The buildings are unsafe for their current use. Dangerous Building Cade Section 302{9j 6. The buildings do not contain the structural strength, weather resistance, or fire resistance as required by the codes. Dangerous Building Cade Section 302 (14} 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 '' 22 ; 23 24 25 2b 27 28 Board of Appeals Resolution No. 94-1 Page 4 7. The buildings present a fire hazard. Dangerous Building Code Section 302(16) D. That 189 and 189B E. Main Street constitute a public nuisance in that: 1. Conditions of structural inadequacy and lack of fire resistance exist. Tustin City Code 5502{b) 2. Storage of lumber and salvage materials occurs in excess of 72 hours. Tustin City Code 5502 {e) 3. The property fencing is dilapidated and was constructed without required permits. Tustin City Code 5502{m) 4. The parking surfaces are broken, cracked and uneven. Tustin City Code 5502{m) 5. The building elevations show dilapidation. Tustin City Code 5502{m) 6. There is trash and debris accumulation. Tustin City Code 5502{m) E. That 191, 193 and 195 E. Main Street present a clear threat to the health and safety of the community and the buildings are declared to be dangerous buildings per the Uniform Code for the Abatement of Dangerous Buildings in that: 1. The buildings are of unreinforced masonry construction which has not been retrofitr_ed to resist damage from seismic activity as required by City and State law. Government Code Section 3875 Tustin City Code Chapter 9A 2. The buildings have inadequate exiting and exit doors. Dangerous Buildings Code 302 {1) 3. The buildings have inadequate fire extinguishers. Uniform Fire Code Section 10.505 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18' 19 20 21 22 23 24 25 26 27 28 Board of Appeals Resolution No. 94-1 Page 5 F. That 191, 193 and 195 E. Main Street are in violation of the City of .Tustin Cultural Resources Overlay District and property maintenance regulations in that: 1. The exterior elevations show cracks and inadequate painting. Tustin City Code 5502 (m) 2. The exterior elevations have been modified with unpermitted materials and such work was performed without the required certificate of appropriateness. Tustin City Code 9252 (e} G. That 191, 193 and 195 East Main Street are designated as historically significant structures and are listed as such in the City of Tustin Historical Survey. III. Based upon the above findings, and upon the oral and documentary evidence submitted at its April 11, 1994 hearing, the Board of Appeals hereby upholds the decision of the Building Official as set forth in the January 24, 1994 Notice and Order of the Building Official subject to the following conditions: A. The property owner is hereby ordered to comply with all requirements of Exhibit "A" as attached hereto and incorporated herein. B. The Building Official is directed to provide a copy of this resolution to the property owner. C. In the event of non-compliance with the Notice and Order by the property owner, the Board of Appeals has requested that the City Attorney pursue all civil and criminal remedies to force compliance with this Notice and Order. 1 2 3 4 5 6' 7 8 9 14 11 l2 13 14 15 16 17 18 19' 2 Q ,, 21 '' 2 2 ~ 2 3 I! ~'I 24 I 2 5 II i 26 ~ 27 28 , Board of Appeals Resolution No. 94-1 Page 6 PASSED AND ADOPTED at a special meeting of the Tustin Board of Appeals, held on the 11th day of April, 1994. G~t.',i~ KATHY WEIL Chairperson Barbara Reyes Recording Secretary STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF TUSTIN } I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Board of Appeals of the City of Tustin, California; that Resolution No. 94-1 was duly passed and adopted at a special meeting of the Tustin Board of Appeals, held on the 11th day of April, 1994. i/~~~irw BARBARA REYES Recording Secretary EXHIBIT A BOARD OF APPEALS RESOLUTION NO. 94-1 The Property Owner is hereby ordered to comply with the fallowing actions and time frames: 1. On or before May 1, 1994, vacate 189 and 1898 E. Main Street of all stored materials, property and workmen. 2. On or before June 1, 1994, obtain demolition permits and complete the demolition of 189 and 189B E. Main Street. The site shall be left in a clean and level condition and shall be surrounded by a 6' high chain link fence. 3. The property owner shall immediately obtain the services of a California licensed structural engineer for the preparation of a seismic retrofit plan for 191, 193, and 195 E. Main Street. On or before June 1, 1994. Such retrofit plan shall be submitted to the Building Official for review. 4. On or before September 1, 1994, the seismic retrofitting of 191, 193 and 195 E. Main Street shall be completed by the Property Owner and inspected by the Building Official. 5. On or before September 1, 1994, permits shall be obtained and repairs completed at 191, 193 and 195 E. Main Street for correction of roofing, plumbing, mechanical, electrical, exiting, and fire extinguisher violations. 6. On or before June 1, 1994, the owner shall make application and obtain approval far the rehabilitation of the exterior elevations of 191, 193 and 195 E. Main Street. On or before September 1, 1994, all approved rehabilitation work shall be completed.