HomeMy WebLinkAboutACTIONS: SPECIAL MEETING JANUARY 14, 2014TUSTIN
3
Inter -Com '
DATE: JANUARY 15, 2014
TO: DISTRIBUTION ",UT,M IS HONORING GO OUR PAST
HONORING 0110.1'AST
FROM: A. BINSACK, DIRECTOR OF COMMUNITY DEVELOPMENT
SUBJECT. ACTIONS: SPECIAL MEETING, TUSTIN BUILDING BOARD OF APPEALS,
JANUARY 14, 2014 — Information Only
The members of the Planning Commission hold membership on the Board of Appeals
concurrently with their terms of service as Planning Commissioners. The purpose of the
Board of Appeals is to hear and decide appeals of orders, decisions, or determinations
made by the Building Official relative to the application and interpretations of the
technical codes (i.e. the California Building Standards Code, Related Model Codes with
appendices, Uniform Code for the Abatement of Dangerous Buildings, Uniform Housing
Code, etc.). Unlike decisions of the Planning Commission, decisions and orders of the
Board are not appealable and are immediately final and binding.
On January 14, 2014, the Building Board of Appeals took the following actions:
Agenda Item
Action
Vote
1. Approval of minutes — November 12, 2013 Building Board of
Approved the Minutes of the
November 12, 2013 meeting as
5 -0
Appeals
provided. (Attached).
RECOMMENDATION:
That the Board approve the minutes of the November 12,
2013 meeting as provided.
2. Appeal of School Fee Calculation — The Irvine Companv
The Board upheld the appeal to
exclude walkways and to modify
3 -2`
On October 22, 2013, the Tustin Building Official forwarded
Building Division's standard practice
correspondence to The Irvine Company with a determination
in calculating the building's square
concerning the City of Tustin's interpretation of Government
footage specifically and only for the
Code Section 65995(b)(1). Specifically in question is the
purpose of determining required
interpretation of the term "Assessable Space" and the
school fees related to corridors in
Building Division's standard practice in calculating a
R -1 occupancies leading to units
building's square footage for the purpose of determining
regardless of type of construction.
required school fees. On November 21, 2013, The Irvine
Interior corridors serving residential
Company filed an appeal of this determination.
units, regardless of whether partially
or completely covered, uncovered,
enclosed, unenclosed, conditioned,
or unconditioned, shall be
considered a "walkway ".
Building Board of Appeals 1 -14 -14
Page 2
Agenda Item
Action
Vote
RECOMMENDATION:
The Board motioned to uphold the
2 -3"
appeal to exclude storage area from
Adopt Resolution No. 4243, affirming the Tustin Building
the assessable area.
Official's determination regarding the calculation of required
school fees for the Legacy Villas project at 16000 Legacy
The Board overturned the appeal,
4 -1
Road (Government Code Section 65995(b)(1)).
and upheld the Building Official's
determination to include storage in
the assessable area if within the
perimeter walls of the building
whether or not within the dwelling
units.
The Resolutions reflecting the
Board's actions will be drafted and
presented to the Board at the
meeting on January 28, 2014.
"Board Members Altowaiji and Lumbard dissented.
"Board Members Smith, Lumbard and Altowaiji dissented
"'Board Member Thompson dissented
Please contact me at 714 - 573 -3031 if you have any questions regarding this matter.
Distribution: Tustin City Council
Board of Appeals
City Manager
City Clerk Services Supervisor
City Attorney