HomeMy WebLinkAbout02 Appeal of Assessable Space Calculation - The Irvine CompanyAo!& AGENDA
REPORT
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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