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HomeMy WebLinkAbout02 Appeal of Assessable Space Calculation - The Irvine CompanyAo!& AGENDA REPORT '� "' �sz� MEETING DATE: JANUARY 28, 2014 TO: BUILDING BOARD OF APPEALS FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: APPEAL OF ASSESSABLE SPACE CALCULATION — THE IRVINE COMPANY BACKGROUND AND DISCUSSION: ITEM # 2 On January 14, 2014, the Tustin Building Board of Appeals (the "Board ") considered The Irvine Company appeal requesting that the Board overturn the Building Official's determination and Building Division's standard practice in calculating the "Assessable Space" of residential structures for the purpose of determining required school fees to include storage areas and corridors for the Legacy Villas project at 16000 Legacy Road (Government Code Section 65995(b)(1)). At that time, staff recommended that the Board adopt Resolution No. 4243 (attached) affirming the Tustin Building Official's determination in this matter. However, at the conclusion of the public hearing on the appeal, the Board directed that two (2) additional Resolutions be prepared and returned for consideration at the Board's meeting of January 28, 2014. Attached, please find Resolution Nos. 4249 and 4250 that staff believes reflect the majority of the Board's discussions at the meeting of January 14, 2014. Soon after the meeting, questions arose regarding the Board's jurisdiction in this matter. A discussion of those issues will be necessary prior to final action by the Board. Elizabeth A. Binsack Community Development Director Attachments: 1: Resolution No. 4243. 2: Resolution No. 4249. 3. Resolution No. 4250. Attachment 1 RESOLUTION NO. 4243 A RESOLUTION OF THE BUILDING BOARD OF APPEALS OF THE CITY OF TUSTIN, AFFIRMING THE TUSTIN BUILDING OFFICIAL'S DETERMINATION REGARDING THE CALCULATION OF REQUIRED SCHOOL FEES AT THE LEGACY VILLAS PROJECT AT 16000 LEGACY ROAD. The Building Board of Appeals of the City of Tustin does hereby resolve as follows: The Building Board of Appeals hereby finds and determines as follows A. That on October 22, 2013, the Tustin Building Official forwarded correspondence to The Irvine Company a determination concerning the City of Tustin's interpretation of Government Code Section 65995(b)(1) regarding the calculation of required school fees for the Legacy Villas project at 16000 Legacy Road. B. That on November 21, 2013, The Irvine Company filed an appeal of this determination. Specifically at question is the Building Official's interpretation of the term "Assessable Space" and the Building Division's standard practice of including interior corridors and storage areas in calculating a building's square footage for the purpose of determining required school fees. C. That on January 14, 2014, the Building Board of Appeals conducted a hearing on the matter. D. That Government Code Section 65995(b)(1) defines "Assessable Space' as "all of the square footage within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, detached accessory structure, or similar area." E. That Government Code Section 65995(b)(1) specifically requires the Building Division to prepare the calculation "in accordance with the standard practice" of the City." That the Building Division /Building Official standard practice is that interior corridors and storage spaces do not qualify as any one of the exclusions identified in Section 65995(b)(1) which for residential structures includes carports, walkways, garages, overhangs, patios, enclosed patios, detached accessory structure of similar areas. G. The Building Official, as the official charged with interpreting the Code, uses the California Building Code and nationally recognized commentaries and handbooks to determine building area. It is the opinion of the Building Official that the Government Code intends for assessable space to be determined as defined in the Building Code. This would include all area within the boundary of the exterior walls; only exempting vent shaft and courts which are open to the sky. Resolution No. 4243 Page 2 II. NOW THEREFORE, the Building Board of Appeals does hereby affirm the Tustin Building Official's interpretation of "Assessable Space" and the Building Division's standard practice of including interior corridors and storage areas in calculating the required school fees for the Legacy Villas project at 16000 Legacy Road. PASSED AND ADOPTED by the Building Board of Appeals of the City of Tustin at a special meeting on the 14'h day of January, 2014. STEVE KOZAK Chairperson Scott Fazekas, AIA, NCARB, CBO, CASP, LEED AP Building Board of Appeals Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, SCOTT FAZEKAS, the undersigned, hereby certify that I am the Building Board of Appeals Secretary of the City of Tustin, California; that Resolution No. 4243 was duly passed and adopted at a special meeting of the Tustin Building Board of Appeals, held on the 14`h day of January, 2014. Scott Fazekas, AIA, NCARB, CBO, CASP, LEED AP Secretary, Building Board of Appeals Attachment 2 RESOLUTION NO. 4249 A RESOLUTION OF THE BUILDING BOARD OF APPEALS OF THE CITY OF TUSTIN, UPHOLDING THE IRVINE COMPANY'S APPEAL, REVERSING THE BUILDING OFFICIAL'S DETERMINATION, AND MODIFYING THE BUILDING DIVISION'S STANDARD PRACTICE IN CALCULATING THE "ASSESSABLE SPACE" OF MULTI - FAMILY RESIDENTIAL STRUCTURES SPECIFICALLY AND ONLY FOR THE PURPOSE OF DETERMINING REQUIRED SCHOOL FEES RELATED TO CORRIDORS IN R -1 OCCUPANCIES LEADING TO UNITS REGARDLESS OF TYPE OF CONSTRUCTION. INTERIOR CORRIDORS SERVING RESIDENTIAL UNITS, REGARDLESS OF WHETHER PARTIALLY OR COMPLETELY COVERED, UNCOVERED, PARTIALLY OR COMPLETELY ENCLOSED, UNENCLOSED, PARTIALLY OR COMPLETELY CONDITIONED, OR UNCONDITIONED, SHALL BE CONSIDERED A "WALKWAY" WHEN CALCULATING "ASSESSABLE SPACE" FOR THE DETERMINATION OF REQUIRED SCHOOL FEES FOR ALL RESIDENTIAL PROJECTS, INCLUDING THE LEGACY VILLAS PROJECT AT 16000 LEGACY ROAD. The Building Board of Appeals of the City of Tustin does hereby resolve as follows: The Building Board of Appeals hereby finds and determines as follows: A. That on October 22, 2013, at the request of The Irvine Company, the Tustin Building Official forwarded correspondence providing a written determination concerning the City of Tustin's interpretation of Government Code Section 65995(b)(1) regarding the calculation of "Assessable Space" required for the determination of school fees for the Legacy Villas project at 16000 Legacy Road. In Accordance with the standard practice of the Tustin Building Department, the Building Official relied of the definition of the term "walkway" in the California Building Code and other similar publications in determining that the interior corridors of the Legacy Villas project at 16000 Legacy Road do not fall within one of the exemptions listed in Government Code Section 65995(b)(1) and therefore are not exempt from assessment for purposes of school impact fees. B. That on November 21, 2013, The Irvine Company filed an appeal of this calculation. Specifically at question was the Building Division's standard practice of including interior corridors when calculating "Assessable Space" required for the determination of school fees. C. That on January 14, 2014, the Building Board of Appeals conducted a hearing on the matter. D. That the Building Division's standard practice of relying on the California Building Code for the purpose of determining "Assessable Space" for required school fees related to corridors is an appealable item as it is an interpretation 978717.1 Resolution No, 4249 Page 2 and application of the California Building Code for purposes of implementation of Government Code Section 65995(b)(1). E. That Government Code Section 65995(b)(1) defines " "Assessable space ", for this purpose, means all of the square footage within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, detached accessory structure, or similar area. The amount of the square footage within the perimeter of a residential structure shall be calculated by the building department of the city or county issuing the building permit, in accordance with the standard practice of that city or county in calculating structural perimeters." That, following the presentation of written evidence and testimony at the hearing, the Building Board of Appeals did conclude that an interior corridor is a "walkway... or similar area" that should not be considered "Assessable Space" under Government Code 65995(b)(1). II. NOW THEREFORE, the Building Board of Appeals upholds The Irvine Company's appeal, reverses the Building Official's determination, and does hereby modify the Building Division's standard practice in calculating the "Assessable Space" of residential structures specifically and only for the purpose of determining required school fees related to corridors in multi - family R -1 occupancies leading to units regardless of type of construction. Interior corridors serving multi - family residential units, regardless of whether partially or completely covered, uncovered, partially or completely enclosed, unenclosed, partially or completely conditioned, or unconditioned, shall be considered a "walkway" when calculating "Assessable Space" for the determination of required school fees for all residential projects, including the Legacy Villas project at 16000 Legacy Road. PASSED AND ADOPTED by the Building Board of Appeals of the City of Tustin at a special meeting on the 28th day of January, 2014. STEVE KOZAK Chairperson SCOTT FAZEKAS, AIA, NCARB, CBO, CASP, LEED AP Building Board of Appeals Secretary 978717A i Resolution No. 4249 Page 3 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, SCOTT FAZEKAS, the undersigned, hereby certify that I am the Building Board of Appeals Secretary of the City of Tustin, California; that Resolution No. 4249 was duly passed and adopted at a special meeting of the Tustin Building Board of Appeals, held on the 28`h day of January, 2014. SCOTT FAZEKAS, AIA, NCARB, CBO, CASP, LEED AP Secretary, Building Board of Appeals 97871z Attachment 3 RESOLUTION NO. 4250 A RESOLUTION OF THE BUILDING BOARD OF APPEALS OF THE CITY OF TUSTIN, DENYING THE IRVINE COMPANY'S APPEAL, AND AFFIRMING THE TUSTIN BUILDING OFFICIAL'S DETERMINATION AND BUILDING DIVISION'S STANDARD PRACTICE IN CALCULATING THE "ASSESSABLE SPACE" OF RESIDENTIAL STRUCTURES FOR THE PURPOSE OF DETERMINING REQUIRED SCHOOL FEES TO INCLUDE STORAGE AREAS IN THE "ASSESSABLE SPACE" IF WITHIN THE PERIMETER WALLS OF THE BUILDING, WHETHER OR NOT WITHIN THE DWELLING UNITS, FOR ALL RESIDENTIAL PROJECTS, INCLUDING THE LEGACY VILLAS PROJECT AT 16000 LEGACY ROAD. The Building Board of Appeals of the City of Tustin does hereby resolve as follows: The Building Board of Appeals hereby finds and determines as follows: A. That on October 22, 2013, the Tustin Building Official forwarded correspondence to The Irvine Company a determination concerning the City of Tustin's interpretation of Government Code Section 65995(b)(1) regarding the calculation of "Assessable Space" required for the determination of school fees for the Legacy Villas project at 16000 Legacy Road. In Accordance with the standard practice of the Tustin Building Department, the Building Official relied in part on the California Building Code in determining that interior storage units that are not located within individual residential units in a multi - family residential structure are a part of the interior building square footage, do not fall within one of the exemptions listed in Government Code Section 65995(b)(1), and therefore are not exempt from assessment for purposes of school impact fees. B. That on November 21, 2013, The Irvine Company filed an appeal of this calculation. Specifically at question was the Building Division's standard practice of including storage areas within the perimeter walls of the building, whether or not within the dwelling units, when calculating "Assessable Space" required for the determination of school fees. C. That on January 14, 2014, the Building Board of Appeals conducted a hearing on the matter. D. That the Building Division's standard practice of relying in part on the California Building Code in determining that interior storage units that are not located within individual residential units in a multi - family residential structure are a part of the interior building square footage specifically and only for the purpose of determining required school fees related to storage areas is an appealable item as it is an interpretation and application of the California Building Code for purposes of implementation of Government Code Section 65995(b)(1). E. That Government Code Section 65995(b)(1) defines " "Assessable space ", for this purpose, means all of the square footage within the perimeter of a 978737, i Resolution No. 4250 Page 2 residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, detached accessory structure, or similar area. The amount of the square footage within the perimeter of a residential structure shall be calculated by the building department of the city or county issuing the building permit, in accordance with the standard practice of that city or county in calculating structural perimeters." That the Building Division /Building Official standard practice is that storage spaces within the perimeter walls of the building, whether or not within the dwelling units, do not qualify as any one of the exclusions identified in Section 65995(b)(1) which for residential structures includes carports, walkways, garages, overhangs, patios, enclosed patios, detached accessory structure of similar areas. G. That, following the presentation of written evidence and testimony at the hearing, the Building Board of Appeals did conclude that storage spaces within the perimeter walls of the building, whether or not within the dwelling units, do not qualify as any one of the exclusions identified in Section 65995(b)(1) which for residential structures includes carports, walkways, garages, overhangs, patios, enclosed patios, detached accessory structure of similar areas. II. NOW THEREFORE, the Building Board of Appeals does hereby deny The Irvine Company's appeal, and affirms the Building Official's determination and Building Division's standard practice in calculating the "Assessable Space" of residential structures for the purpose of determining required school fees to include storage areas if within the perimeter walls of the building, whether or not within the dwelling units, for all residential projects, including the calculation of required school fees for all residential projects including the Legacy Villas project at 16000 Legacy Road. PASSED AND ADOPTED by the Building Board of Appeals of the City of Tustin at a special meeting on the 28`" day of January, 2014. STEVE KOZAK Chairperson SCOTT FAZEKAS, AIA, NCARB, CBO, CASP, LEED AP Building Board of Appeals Secretary 978737.1 Resolution No. 4250 Page 3 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, SCOTT FAZEKAS, the undersigned, hereby certify that 1 am the Building Board of Appeals Secretary of the City of Tustin, California; that Resolution No. 4250 was duly passed and adopted at a special meeting of the Tustin Building Board of Appeals, held on the 28`h day of January, 2014. SCOTT FAZEKAS, AIA, NCARB, CBO, CASP, LEED AP Secretary, Building Board of Appeals 978737.1