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HomeMy WebLinkAbout06 APPEAL OF 525 WEST SECOND STREET r AGENDA REPORT ITEM MEETING DATE: JUNE 11 , 2019 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: APPEAL OF CORRECTIONS AND CONDITIONS RELATED TO CODE CASE NO, CE-2018-0243 AND PERMIT NO. COMB R-2018-00299 APPELLANT: HELEN LINDGREN AND ERIK LINDGREN 525 WEST SECOND STREET TUSTIN, CA 92780 LOCATION: 525 WEST SECOND STREET TUSTIN, CA 92780 GENERAL PLAN: LOW DENSITY RESIDENTIAL (LDR) ZONING: SINGLE FAMILY RESIDENTIAL (R1) CULTURAL RESOURCES DISTRICT (CR) ENVIRONMENTAL: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301(E) OF THE CALIFORNIA CODE OF REGULATIONS (GUIDELINES FOR CALIFORNIA ENVIRONMENTAL QUALITY ACT). REQUEST: REMOVAL OF CORRECTIONS AND CONDITIONS RELATED TO CODE CASE NO. CE-2018-0243 AND PERMIT NO. COMBR-2018-00299 p_. Agenda Report June 11, 2019 Appeal Request Page 2 TUSTIN CITY CODE- APPEAL Pursuant to Tustin City Code(TCC)Section 9294(a), any decision of the Director of Community Development ("Director') may be appealed to the Planning Commission. All appeals must be made in writing and must specify the decision appealed from,the specific action or relief sought by the appellant in the appeal, and the reasons why the action taken by the Director should be modified or reversed. The appeal hearing shall be de novo and the Planning Commission may approve, approve with conditions,.or disapprove the matter,or remand the matterto the Director for further proceedings in accordance with directions of the Planning Commission. BACKGROUND Appeal Request Helen Lindgren and Erik Lindgren ("Appellants") request reconsideration of the City's corrections and conditions for Code Case No. CE-2018-0243 and Permit No. COMBR- 2018-00299. The appeal includes the following: 1) Deed Restriction requirement prior to permit issuance; 2) Required interior dimensions of 20 feet by 20 feet of the detached two-vehicle garage; and 3) Screening of the roof-mounted air conditioning (A1C) unit and water softener in the side yard. Background and Record of Action On April 9, 2018, the Code Enforcement Division was made aware of a possible garage conversion and illegal construction at 525 West Second Street. In response, the following are records of action to date regarding the violations observed at the property: May 22, 2018: A Request to Inspect letter was mailed to the property owners. July 2, 2018: The City inspected the property and illegal construction was confirmed.The unpermitted construction included the following: • Detached garage than was illegally converted into a living unit (Figure 2); • 334-square-foot addition on the northwest corner of the main house; • 120-square-foot shed with electrical; • Recent model roof-mounted air A1C unit (Figures 4 and 5);. • Tank-less water heater(Figure 7); and • Water softener(Figure 7). Agenda Report June 11, 2019 Appeal Request Page 3 The illegal garage conversion included the following unpermitted construction and safety issues: • Improper electrical line from the back of the main house to the detached garage; • Ungrounded 3-prong electrical outlet on the southwest corner of the illegal bedroom; • New window with non-tempered glass on the southwest elevation with a sill height of 14-inches; • No exhaust vent above the microwave and gas stove; and • Recessed lighting in the bedroom and living room installed by the current property owners. July 12, 2019: A Notice of Violation was issued directing the property owners to submit plans into Building Division Plan Check to permit the unpermitted work (Code Case No. CE-2018-0243). September 10, 2018: A Final Notice of Violation was issued. September 20, 2018: Plans were submitted to Building Division Plan check to legalize the following: a 334 square-foot addition to the rear of the main house, roof-mounted A1C unit, tank-less water heater, and water softener. Additional work includes restoring the illegal living unit back to a 573 square-foot detached two-vehicle garage. A bathroom addition to the front of the house was also added to the permit (Permit No. COMB R-2018-00299). October 18, 2018: Plan corrections were picked up along with a drafted Deed Restriction from the Planning Division. The Planning Division required a deed restriction to be recorded to the property due to various code violations, subsequent Code Enforcement action, and expenditure of City resources to gain compliance of the unpermitted construction. November 29, 2018: A Code Enforcement letter was sent to the property owners directing them to submit revised plans no later than December 10, 2018. December 20, 2018: A deadline extension to resubmit plans was requested and granted. January 14, 2019: An Administrative Citation was issued in response to permit nonactivity ($100.00). Agenda Report ,dune 11, 2019 Appeal Request Page 4 February 6, 2019: A second Administrative Citation was issued in response to permit nonactivity($500.00). February 15, 2019: Plans were resubmitted to Building Division Plan Check. February 19, 2019: ' The project architect, on behalf of the property owners, requested that the Deed Restriction be modified to restrict future inspections once Permit No. COMBR-2018-00299 is finalized. February 28, 2019: Plan check corrections were picked up by the applicant. April 3, 2019: The Director sent an email to the project architect informing him of the Department's modification to the Deed Restriction to (1) provide at least forty-eight (48) hours' notice prior to inspecting the subject property to ensure that the approved work remains the same and (2)to eradicate the conditions of the subject Deed Restriction upon issuance of a permit for a legal accessory dwelling unit. April 5, 2019 The Community Development Department received a letter written by property owner, Erik Lindgren, requesting an appeal of the Administrative Citation fees. April 8, 2019: The Director sent a response letter explaining that the appeal period for the Administrative Citations had passed and further explained the Deed Restriction requirement (Attachment A). Plans exhibiting no corrections made were last resubmitted to Building Division. April 15, 2019: The property owners, Helen Lindgren and Erik Lindgren, appealed Planning Division requirements and corrections for once Permit No. COMB R-2018-00299 (Attachment B). Project Site The site is in the Single Family Residential (R1) zoning designation and is within the Cultural Resource Overlay District (CR). The General Plan Land Use Designation is Low Density Residential (LDR). The project site is located on the north side of West Second Street, which is a residential neighborhood east of Pacific Street and west of South A Street. Surrounding properties to the east, south, and west are single family residences that all within the R1 and CR districts. The property to the north is a multifamily development and is zoned Planned Development (PD). i Agenda Report June 11, 2019 Appeal Request Page 5 L. Detache d garage 1 Unpermittedaddition to the main hou i w � Figure 1- Site Plan West Second street is a single-family residential neighborhood in the CR Overlay District. One of the purposes of the CR District is to safeguard the heritage of the City by preserving neighborhoods that reflect elements of the City's cultural and architectural heritage. The City utilizes design review oversight when reviewing projects to ensure quality design and compatibility with the building and neighborhood in question. ANALYSIS Deed Restriction Policy Appeal 1 : The Appellants have appealed the Planning Division requirement of a recorded Deed Restriction prior to permit issuance (Attachment B}. Community Development Department policy requires a recorded deed restriction for entitlements and building permit applications when the proposed improvements include, but are not limited to, the following: illegal garage conversions, granny units, additions that may result in additional garage space, affordable housing, shared access or parking, etc. A recorded deed restriction is used as a tool to inform future property owners of any restrictions applicable to the subject property. This tool is also used when the City Agenda Report June 11, 2019 AppealRequest Page 6 observes repeat violations on a property and the recorded deed-restriction gives the City the right of entry to inspect the property upon notice should the City observe future violations or to respond to complaints. Horrific events, some highlighted in the news, have occurred involving unpermitted and uninspected living area that has resulted in death. In 2016, a fire broke in an Oakland warehouse known as"Ghost Ship", which included living areas,that killed 36-people. The illegal electrical work and makeshift rooms and stairways resulted in a lethal combination that did not account for fire safety or escape routes. Locally in 2010, the City of Long Beach passed "Aviles Lave' in response to the deaths of three (3) children that lost their lives in a fire while sleeping in a garage that had been illegally converted into an apartment. The unpermitted conversion did not account for smoke detectors, an escape route, heating, and included multiple additional Building and Fire Code violations. Following this event, the City of Long Beach drafted a municipal code amendment, known as Aviles Law, to educate the public of the dangers of the illegal garage conversions and to identify and eliminate the use of illegally converted garages as livings spaces. The property owners indicated that the,illegal living unit was present since the home was purchased from the previous property owner in 1974. According to latest Orange County Assessor's records, the property is listed as a single-family residence; therefore, the subject property has not been taxed for the illegal second unit and the addition to the main house. No school fees have been assessed and no associated utility and/or infrastructure fees have been made. If a recorded deed restriction had existed at the time of purchase, the current property owners would have been on notice that the property did not have a legal second living unit and would be aware of the use restrictions. As a result of Code Case No. CE-2018-0243, which involved extensive illegal construction, the City is requiring a recorded deed restriction with the associated Permit No. COMBR-2018-00000299 to prevent a repeat occurrence and inform future property owners. The Director's decision regarding the modified, current Deed Restriction and the previously drafted Deed Restriction,-dated April 8, 2019, is included as Attachment A. The Appellants' written appeal, dated April 15, 2019, is included as Attachment B. The Appellants have stated the following implicit concerns with the drafted Deed Restriction and staff responses are provided below: 1. Appellants' Concern: Unannounced and "illegal" search of the subject property. The Appellants' architect indicated that they would only allow inspections during the permitting process and that this provision should terminate after permit and works have been signed off. City's Response: A recorded deed restriction is a precautionary tool used in instances of repeat violations. If a complaint or suspicion of further illegal construction is made at the subject property, the recorded Deed Restriction would allow the City to inspect the property. However, an inspection would not Agenda Report June 11, 2019 Appeal Request Page 7 be made without proper notice, in this case at feast 48-hours' notice before entry, except in emergency situations. 2. Appellants' Concern: There is no sunset clause. The Deed Restriction would apply indefinitely. City's Response: The recorded Deed Restriction would be applicable until such time that the City finds that enforcement of such condition is no longer equitable unless permits are issued for a legal accessory dwelling unit and/or guest quarters. 3. Appellants' Concern: Future owners will have to adhere to the recorded Deed Restriction. City's Response: Yes, current and future property owners would adhere and abide to the restrictions contained in the recorded documents unless the City decides that the restrictions are no longer applicable to the property (See City Response No. 2). 4. Appellants Concern: The Deed Restrictions would impact property value. City's Response: The City does not have any records that indicates a recorded deed restriction would impact property value. On the contrary, a recorded deed restriction is a tool for future buyers to understand what is permitted and/or restricted on the property. On-Site Parking Requirements (Garage Dimension) The Appellants have appealed the Planning Division correction to convert the detached garage into a standard 20 feet by 20 feet two-vehicle garage (Figures 2 and 3) Two (2) parking spaces within a fully enclosed garage are required for single-family housing for each unit with four(4) or fewer bedrooms. Pursuant to TCC Section 9266(d), minimum interior dimensions of a residential garage space shall be a minimum of twenty (20) feet by ten (10) feet for each space, resulting in a minimum interior dimension requirement of twenty (20) feet by twenty (20) feet clear. Garages that do not meet the number of enclosed parking spaces or the minimum interior dimensions are considered nonconforming structures. Pursuant to TCC Section 9273(b)(1), any lawfully established structure which is legal nonconforming either in use, design, or arrangement, shall not be enlarged, extended, reconstructed, or structurally altered unless such enlargement, extension, reconstruction, or alteration is in compliance with the regulations set forth in the TCC. Agenda Report June 11, 2019 Appeal '_f- ,1 DIRM IM ' - Unpermitted Addition Converted C��r�ge _ `�� . , :: ��'_ E Y s��'' Previous Garage .� door Placement ..r MEN Figure 2- Front Elevation Two-Vehicle Garage Conversion (Left & Right) Agenda Report June 11, 2019 Appeal Request Page 9 W LMENP KW W&L(Ix.&W" REMAS Exff WAFS HWER .VA.L Alt,LNIT WA-L ro VE RffVO4z]> :r (Q Q rIT(,I/ L !?AA L r L L 0A4110QN WN W-e MH ) 13 -6 AN r r- FWUOVE ALL I W&Ag%'LrKY 6A i I (ryp rwA"ff) bpp LIVING LE "y' W AVP L" 'Ir T)ft X ftAcc W. 51 Al WIF,W"M N14 <> R09�MEY RF4FCw no apt UVATE2.(%-- r I nu nLL ROOr FLAN) fLTIJ zV 6TLVS- Ar mr PA ------------- 4-k CCI-W,WAV APOY-" SIP_:AM FOST rem LV.T ".7 r 5­iJ4-.f E66 Ar ra- 9WTL*M ('*_h r'V'F'LM r6K CAASE POW A9C irrOWArkM) r-e PCXR OFMKI Figure 3- Detached Two-Vehicle Garage Floor Plan The subject property features a garage that was converted into an illegal living unit (Figures 2 and 3). From aerial photographs and Orange County Assessor's Office data collection, the City has determined that the subject 573-square-foot detached structure was previously a garage. From the roof form and construction, it is evident that this structure may have been constructed as a two-vehicle garage that was later illegally expanded and converted into a living unit. As the garage was enlarged and reconstructed, the structure lost its legal nonconforming status and must meet the on-site parking standard for single-family residences, which is two (2) parking spaces, twenty (20) feet by twenty (20) feet clear, within a fully enclosed garage. The applicant has submitted plans that demonstrate minor alterations to the garage that would achieve the twenty (20) foot by twenty (20) foot minimum standards for a two-vehicle garage (Figure 3). Equipment Screening The Appellants have appealed the Planning Division correction to screen the roof- mounted air conditioning unit (Figures 4 and 5). When reviewing new applications for mechanical equipment on single-family residences, the City encourages the units to be installed on the ground at the rear of the residence. Agenda Report June 11, 2019 Appeal Request Page 10 In situations where this is not ideal, the Planning Division will consider placement in the side yard if the nearest window or door opening on the adjacent neighbors residence is at least ten (10) feet away from the proposed equipment. In addition to the ten (10) separation, the City enforces exterior noise standards pursuant to TCC Section 4614. Roof-mounted mechanical equipment is strongly discouraged because of visual blight to the neighborhood as it typically cannot be attractively screened from view. This is particularly critical in the CR district, in which the subject property is located, because the City strives to maintain the integrity of historic resources and the area as a whole. A situation where roof-mounted mechanical equipment is allowed would be in new construction in which the mechanical equipment is pre-planned. This would typically involve integrated construction of a roof parapet that would screen the mechanical equipment or on a roof equipped with a mechanical well. Generally, roof-mounted equipment is commonly seen on multifamily, commercial, and industrial development. In such cases, roof-mounted mechanical equipment is fully screened from view. Pursuant to TCC Section 9271(ii), equipment screening is required in the event of roof- mounted equipment. Additionally, the screening element must appear visually integrated with the architecture of the building. 177posed Ducting A/C Un AIC U7ni T,' r a rrrr �� .,noses@ Figure 4- Front Elevation with Roof-Mounted Mechanical Equipment Agenda Report June 11, 2019 Appeal Request Page 11 Roof-Mounted A/C Unit Figure 5- Rear Elevation Mechanical Equipment The subject property features an unpermitted A/C unit and ducting in plain view of the street (Figures 4 and 5). Permitting this equipment will result in permanent visual blight for the foreseeable future as replacement equipment would likely be located in the same place unless the property owner elects to ground-mount the equipment. If the property owners had come to the City for original permitting, the City would not have permitted any mechanical equipment on the roof. In the current situation, the City has been working with the current property owners to allow the mechanical equipment to remain with equipment screening pursuant to TCC Section 9271(ii). The City had previously agreed to allow the AIC unit to remain on the roof, provided that the AIC unit is screened to mimic the existing stucco chimney (Figure 4). Staff feels that this is a compromised approach in meeting the TCC. The applicant in response submitted equipment screening plans that staff has agreed upon. The method of screening the A/C unit proposed by the applicant is shown in Figure 6; however, the applicant has now contested the requirement for screening in their appeal letter. WMP 4P PMR TO W101 .;t E DOST '%.UL 6 1 F.•'.4 ale ucnri _ ® 4, irl w-4 S[3G, o 0 0 pxr o AWMA,A4Nt4 I O Q - ———— Dam' AfG G9L V W"tb y r k %M lire. �.o scw�l y.M`EI T7►NrUl CnlsT [Q,F _lF f F=tr"W*jt1.: Figure 6- Mechanical Equipment Roof Screen Agenda Report ,tune 11, 2019 Appeal Request Page 12 The Appellants have appealed the Planning Division correction to screen the water softener in the side yard (Figure 7). The subject property features an unpermitted tankless water heater and water softener (Figure 7). These types of equipment are typically installed inside a building or structure, not only for aesthetic reasons, but also for weather protection. While the tankless water heater does not have to be screened, Staff had required equipment screening of the adjacent water softener. Upon further review of the location of the water softener and the fact that this equipment is blocked from the street-view by a 6-foot high fence, Staff is removing this condition from the Planning Division corrections for Permit No. COMBR-2018-0299. I 1 J s A/ Figure 7-West Elevation Unpermitted Tankless Water Heater and Water Softener CONCLUSION It is recommended that the Planning Commission uphold the Community Development Director's corrections and conditions associated with Code Case No. CE-2018-0243 and Permit No. COMB R-201 9-00299 by adopting Resolution No. 4387 as follows: Agenda Report June 11, 2019 Appeal Request Page 13 1) Uphold the Community Development Department policy to record the Deed Restriction as shown without modifications in Attachment A prior to permit issuance. 2) Uphold the Tustin City Code requirements regarding: a. The interior dimensions of 20 feet by 20 feet of the detached two-vehicle garage; and b. Screening of the roof-mounted air conditioning (A1C) unit. Jessica Ag ilar 0 Elizabeth A. Binsack Assistant Planner Community Development Director Attachments: A. Community Development Director' Decision and Drafted Deed Restriction B. Appellants' written appeal C. Location Map D. Plans last submitted April 8, 2019 E. Planning Commission Resolution No. 4387 ATTACHMENT A COMMUNITY DEVELOPMENT DIRECTOR'S DECISION AND DRAFTED DEED RESTRICTION CommUllity Developmei-it Departtiieiit TUSTIN r z April 8, 2019 Helen Lindgren and Erik Lindgren 525 West Second Street BUILDING OUR FUTURE Tustin, CA 92780 HoNoRiNG OUR PAST RE: DECISIONS OF THE COMMUNITY DEVELOPMENT DIRECTOR Dear Helen Lindgren and Erik Lindgren: On April 5, 2019, you dropped off a letter to the Community Development Department to seek an appeal of the administrative citation fees you have received in relation to the unpermitted work at your property, located at 525 West Second Street, and the City's requirement of a Deed Restriction in association with Permit No. COMBR-2018-00299. The Building Division has issued you two administrative citations, on January 14, 2019 and February 6, 2019, related to the unpermitted construction (Code Case No. CE-2018- 0243). The subject property consists of a single family structure and unpermitted conversion of the garage into a living unit, unpermitted addition to the brain house, and an unpermitted structure to the rear of the property. Any recipient of an administrative citation may contest that there was a violation of the Tustin City Code or that he or she is the Responsible Person or the amount to any fine imposed by completing a Request for Hearing form and returning it to the City Clerk within ten (10) days from the date of the administrative citation, together with an advanced deposit of the fine imposed Unfortunately the appeal period for both citations issued has passed and these citations are no longer appealable. Please note the appeal process for any future citations. The Planning Division is requiring that the attached Deed Restriction be recorded to your property in association with Permit No. COMBR-2018-00299 due to code violations,. subsequent Code Enforcement action, and expenditure of City resources to gain compliance of the unpermitted construction On February 19, 2019, you requested that the Deed Restriction be modified to restrict future inspections once Permit No. COMBR- 2018-00299 is finalized. On April 3, 2019, the Community Development Department sent an err.ail to Greg Bennett (attached) informing him of the modification to the Deed Restriction to (1) provide at least forty-eight (48) hours notice prior to inspecting the subject property to ensure that the approved work remains the same and (2) to eradicate the conditions of the subject Deed Restriction upon issuance of a permit for a legal accessory dwelling unit This decision is final, unless appealed to the Planning Commission. If you would like to appeal the required Deed Restriction as drafted, please file an appeal with the City Clerk during normal business hours within ten (10) calendar days that the 300 Centennial Wav Tutitmn CA IO2- '0 • 1' 1714 �`� � 110 1714, 573.31 13 • + tustinca rr� April 8, 2019 525 West Second Street Page 2 document was sent by email from Elizabeth A. Binsack, Community Development Director, or April 15, 2019. All appeals shall be made in writing and shall specify the decision appealed from, the specific action or relief sought by the appellant in the appeal, and reasons why the action taken by the Community Development Director should be modified or reversed. An appeal fee of $175.00 should also be submitted with the appeal request. A public hearing date shall be set within sixty (60) calendar days of filing of the appeal for Planning Commission consideration of the matter. The hearing shall be de novo and the Planning Commission may approve, approve with conditions, or disapprove the matter in accordance with this Code or remand the matter to the Community Development Director for further proceedings in accordance with directions of the Planning Commission. Should you have any questions or concerns regarding this matter, please do not hesitate to contact Jessica Aguilar, Assistant Planner, at (714) 573-3149 or via electronic mail at JAguilar@tustinca.org. Sincerely, 'zabeth A. Binsack Community Development Director Attachment: Administrative Citation No. 003961 & 003969 Email Dated April 3, 2019 to Greg Bennett Deed Restriction (revised) Deed Restriction (redlined) cc Greg Bennett Architect (via email) City of Tustin This acin - ,j_j,, :ntt Eu iniiorrn hj reSZ0nsir1v pe._­;r(s; af ADMINISTRATIVE CITATION compliance -he, Tustin City Code (TCC; a1dlor Si003961 other applicabl,cuO vs z: izs,a-d/c;cori ddors in aowTdance with CITATICIN NO TCC, a c-oll fine he a rssed by means r." ,­arin-;nistratilve citation as Date of citation Issuance Day of week Time AM_ ind_zzeic in M- Admirv,trjtjve Fine Sche:!r ;-.. notice Failure to 3 11 1j t!2�� coirecVremeily Tne vioiazoon and Failure it) 1 is c-ssed fines of this Location offiviolation notice may result in legal actior,incldCriminal or civil action ;S-Ls W. se"..rl analor abating violation(sl with the cost of sjcb abatement and/ow Name(FIM Middle,Last)- prosecution assessed against the responsible person(s), the property Ww LAA %-4 o-rierls'.alrdlor, the property as a lien. DL or log DOB Height/Weight The responssbte perso.i has thirty3ol_ggys from the Mailing address: Street City State Zip issuance date of the administrative citation to pay the corres�� Shcu 6 a cisnan fret be paid by me responslole pa.�y ir,V ti,ne seems:ed,A 5'LS W.Siez.4��4 T%Isti­ CA 'TZ?10 penalty shall be assessed upon any administrative citation as follows 30 days LIBusiness Owner 'A-Property Owner CITenant El Other from-he date of issuance,a penalty assess-r.erz sha!l be assessed in addition TUSTIN CITY CODE(TCC)VIOLATION- to the original amount by fifty pe-cent (SOX);should the responsible party ) 1 no; pay the citation and pen3' emet another 30 days, said citation shall TCC Section escription increase by an additional fif,%, SO%) Ll TCC 5502ib) Any condition which exists upon any premises that Is dangerous to human life or Is detrimental to heafth. The respw�, tie person nsis-- a-- c4 -n- follovAng Ac fors to avoid Ll TCC55021m)(1) Non-maintenance of landscape,dead or overgrown ada.iloral penalties prior to the compliance date sp-_j`v_,O in the vegetation prohibited, adminfstrat;ve 61a,Crw: Ll TCC 5502(a) Abandonedfinoperable vehicles or discarded property I Correct the vialatior and contact (tie City to request a re prohibited. inspection PrILM,to i to co-pPa-ce date.or U TCC 4901 1111cit connections and prohibited discharges. 2- ReQUIRSt an eXrS r W ° r rl:rig pursuant t-, TCC Sect Z:om 1165b which shows i r-ascjnablhardship,or 3. Request a hearing to appeal the administr&ve citat-or,pursuant to-- a SOL COMPLIA114111 ORDER V-12 aT.otAj*,of the;drn*.riisra0.-_ t.r:, ::z..paid In The responsible person(s)shall correct or otherwise remedy any/all violations fz----'a�:wsona;check,cashier Idierk De--'z-,or, or debit listed herein by caw VUAi and P0 an sit1lininbilra0de Ow of*,he es Air exn.,5e o.- d"scharle any r Dons:*it,­ -lithin thirty (30) days J Ilhe'date of eftation Issuanice(noted above) as lega'cj -.2qi.ences Far =-!lnuat;co 01 repeated occu(r (-�s Of the prescribed In the administrative fine schedule below. Fines must be paid it, Viola- full by the compliance date to avoid additional penafties. Lj 4iiin22 c-cfer v-tjr-sent to the Cic, ADMI1111NISTUTIVE FINE SCHEDULE i-,le citation rurn!)-_ on-..?check.Pau r-ot -'i 1r:, t;,.- -3, TCC CODE VIOLATION INat Building and Safety Code) alY U 1' violation $100 FINE X 7- 0 2n"violation' $20D FINE X_- P&­,*nz.-CrryafTusto. cj,)Adrrww ,-,­ C, it1crP;Va,1 0 ❑ 3 or more violations $500 FINE X-= 7091,Tislin,CA 92781 (Building and Safety Code(TCC Sec.8100-8999)) s7.ach-m: dt;H*i;c°i znd c,4ri: 2re:e7 For -urtFe I" violation $100 FINE x Vn�L ii­-�,r-atioii regarc-ng payrneni of app,,-�! cf tros oz,71COn. please call 2"aviolation' SSW FINE X_= (*;X;E*-3596 Fct infGf7r3tic`r regarding triL comp4ance order 01 the ,f,t U 3 or more violations' $1,000 FINE X ,,jntzc:z ,�E Enfo.,:Fment C'ficer nebignaed on the TOTAL CITATION FINE AMOUNT DM:sl�jvp a- of this notice Additional violation of the some ordinance or permit within one year r) t7K%,ar� 6ez rt,"kg: Any recipler.%of ar aarnw:stralive C!ta�ion may conte' Signature of Recipient Date t,.e,.lat-orbv fir;ig,-, theaJVjrr_1 X A of tFe F)e 3.1d relurinmg IT:"C`-'a rnai"rig a-4.mi shova a,)Lv.z k.I,T:Iin to I '121 tS of l5swrCe. d, be, W. A bJwq a Hearing price. a. i,,e responsibie oerNon may contest -e Officer Type ofService -KIn Personal t't I ration(TCC Sec.11-66, %94�_v !mst-1 LOS Mail (JiPost Nrnrtwrert Offic�- ae of F eadpe Na pt De ­iftli -Z"1--;`7:5 CIN as V 1-TIni;a 9� SEE REVIM S;M FOR PAYMENT AND OTHER NFORMATION WHITE File YEUO%N ftec'Pia)t City of Tustin This ad r-) i,t, , re-i.::or , :15._. •noir. tie-eS-cLmpt 2 persar(s�of ADMINISTRATIVE CITATION tom}�han e r equi intent; >r. a Tie Tustin City Code (i CC) anai/or Date of citation 003969 other applicable codes,laws.par its,w 4J/or cond.tiar-.Ir.ac.crdarre tvirli oNO. AMU TCC,a civil ftne shall oe as3-essed '*means of an adr-irlstrtti,�e Citation as Issuance D.ay of week Time indicate, in the kdminiv'ratity =ire S:'ledule of t4 i notice, failure to t M currac:/remedy the violacic:n and fallure to pay the assessed fines of tills Location df violation;SZS nottce inay result in f.,l ;sga•atr'or in-jud+ng t<I;ng criminal or civil action [�I� arta/or abating violations) viii the cost of such abatement and/or Name(First,Middle,Last): prosecution assessed agNrit t'-.e -egmnsible person(s), the property 066A C+t o,vnertsl,and/or the pr par.,r as a I,sm DL or]DO DOB Height/Weight Tie ras;W,sib'e pars,-1 has t;tict _L3ta�._d.�us from Thi Mailing address: Street City State Zip issuance date of the adm nistratwe citation to av t se carresDondnt3 sines SZS SCC.A0k 9"CY,+ I�Sk- CA , IIS IO Shov:id a citation not b±paid cm i e respoi;zc:y";^a r -Ie sl nWt!d,c penaltyshall be assassed u;aoi a,n+acim;nistrative citation as fo3cws:30 days ❑Business Owner Property Owner Q Tenant Q Other tram the date of issuan-e,a.;r eity asses-smsn;sha:l oe assessed in addition Tt1ST'IN CITY CODE(TCC)VIOLATION: to the original amcLir;by-..r ci:'cen;(50%);snouid tate responslbie parry TCC Section Description not pay the citation and Fen : + er. :.',cher 30 days, said citation shall ❑TCC 5502(6) Any condition which exists upon any premises that Is imrease by an asic'r,^,a.iPi Er-y. :..Y; , :=; dangerous to human life or Is detrimental to health. ❑TCC 5502(m)(1) Non-maintenance of landscape,dead or overgrown The respc Illi parson rr,,.isr -,At :.+nr o. r `ol`ry-rig act:cr,s to avoid vegetation prohibkted, adoi;onai ptrialli prior to the ,. „i,}li,,r.. rLle speci:iesl in the Q TCC 5502(a) Abandoned/inoperable vehicles or discarded property admanisui;1ve dtacb t: prohibited- 1 correr-t the wolatior. end con+,, r til: City to regraest a re ❑TCC 4901 Illicit connections and prohibited discharges, inspection pf c t a tpi x'c z -:.-ir ?. c g L r tiT,ucsu{u xs TCC Stiction 2,01 SO C.S- _L t)S• Ca&%h�lc)A 11651,+chics­o,+ti a;•?asn. r',ir,i,>rdshlp;or Q 3 Request a hi, r,appea" '.'— ,t;;+'•,e,:T..ratw enation pursuant ❑��� � �� to Tei.Setts.-,_::_. COMPLIANCE ORDER t The responsible pers (s) hall correct or otherwise remedy any/all violations tc a', it r�:se.T:n %i a cin: oo's - r at ve fire rst be'aid in of a„eT s,:ta'ct• cy:f r I =;, t,.•,ct'4 r or ercGtt or debet listed herein by Z �;+D and pay an adminhtrathre fine a w ?sy[riitn:of r a ': res�a3tr within thirty (30) d the dale of citation Issuance (noted above) as ,s?'a raga: 3 >: zr.czs w t. c' i-'t' 3ccu rent's of the prescribed In the administratrve fine schedule below. Fines must be paid In viola:anlsj full by the compliance date to avoid additional penalties, aSa.e check cs n.r , �.,_ r'+ t: o-i7 City of Tustin and ADMINISTRATIVE FINE SCHEDULE +tat.-b3__�cceJL+tgd ar TCC CODE VIOLATION(Not Building and Safety Code) I] 1" violation $1001i X_- r. 0 2"a violation• $200 FINE X n, z.+•r.=CicatLcx+Program, P 0. ❑ 3 or more violations' 5500 FINE X ,,. :;,,,er.:, e,:,�u1 (Building and Safety Code(TCC Sec.8100-8999)) c9r-t "a-c : For tt rtl:er1" violation $100 FINE X = ,t A,-¢ pa-f(err: appall ci MIS cr :anon• please cal 2'Avialation• $SWFINE X:C:.� -E-E 4.) c ';:r in'on- egai-Nig t-e ccimcliance o(Jrr ar Lhe 3 or more violatici $1,000 FINE X please cot:z_ , P E,:o,tear) C ficar r.F;lSnited n i the TOTAL CtTA'nON FINE AMOUNT DICE:$SW JT'-;` •Additional violation of the some ordinance or permit within one year ',ii re.lot-.a of an a t ,:'a tis rr,aY rrryst Signature of Recip nt Date c.raJon by .i ni a R c . . 'jr earing f r __ aw P "`2 a.lvan a x r i. .it J r ,rcc%er B,: e9 it ip. - i.:41 r # >s Iti ovo ,e r Jr , - s.i3,l�.t ���. rYf tra Salt ,) a.^a^.'r'R ^r7t -men! 4'Cer Type of Service .Ir-' : ,c-nrisibee q rsr. .n3, contzs, I 7 (� 5ff&y talkolC7-1 Personal t s' Name :rfor_e'e'­'u`rT'csr. Bas:y Iii 'xot Amall ❑Post aA.;-ctrat,,t. ,-,•. .Lr •:r;a=taaLw � s.'.•r.:-:;s SEE REVERSE SIDE FON PAYNIENT AND OTHER MWORMATION WHrrE:File-YELLOW:Recipient Aguilar, Jessica From: Binsack, Elizabeth Sent: Wednesday, April 3, 2019 4:29 PM To: gregbellaverde@yahoo.com Cc: Aguilar, Jessica Subject: 525 West Second Street- Revised Deed Restriction Attachments: 4-3-19 (Amended) 525 West Second Street- Detached Garage- Redlined.pdf Hello Greg, I am sorry that you missed our scheduled conference meeting last week and for the loss to your family. I did take a look at your request and have made the modifications to the document as attached. Please have the owner execute as per the timeline. Thank you for your assistance in resolving these Building and Code enforcement issues. Best, Elizabeth 5414, earw-",4 Dcaala�..r t 7�cxatax E I, 'I 1 RECORDING REQUESTED BY AND WHEN RECORDED, MAIL TO: Community Development Dept. City of Tustin 300 Centennial Way Tustin,CA 92780 Exempt from SB2 fee per Government Code Space Above This Line for Recorder's Use 27388.1(a)(1)(2)(D) DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS COVENANTORS: Helen Lingren and Erik Lingren,Property Owners SUBJECT PROPERTY: Commonly known as 525 West Second Street (Assessor Parcel Number 401-541-06)in the City of Tustin, County of Orange,State of California, (hereinafter referred to as the"Subject Property")and more particularly described as: THE WEST 50 FEET OF THE SOUTH 150 FEET OF THE EAST 165 FEET OF THE WEST 316 FEET OF BLOCK C OF"A PART OF TUSTIlV CITY" RECORDED IN BOOK 4 PAGES 218-239 INCLUSIVE OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY RECORDER. RECITALS: A. Helen Lingreu and Erik Lingren, property owners ("Covenantors") have applied to the City of Tustin, a municipal corporation (the "City") for approval of permit COMBR 2018-00299 to legalize a 334 square-foot addition to the rear of the main house.. Additional work includes restoring a 573 square-foot detached accessory structure back to a detached two-vehicle garage. B. Existing at the Subject Property is a 1,403.74 square-foot single family structure with an unpermitted 334 square-foot rear addition and a detached 573square-foot two- vehicle garage that had been illegally converted into living space. This residence is located within the Single Family Residential with the Cultural Resource Overlay zoning districts where single family structures are.permitted. C. The addition to the main house and construction to the detached two-vehicle garage without the benefit of a permit resulted in code enforcement action(CE-2018-0243). D. The Covenantors wish to legalize the unpermitted work to the main house and restore the detached two-vehicle garage as prescribed by Tustin City Code. E. As a condition of approval for COMBR 2018-00299, the City has required the i 1 I P Covenantors to execute and record this Statement of Covenants, Conditions and Restrictions. Such deed restriction is necessary to ensure that no part of the residence shall be used as a second unit,guest quarters or boarding house without prior approval of the City. Additionally,the City shall have a right of entry to the subject property upon notice. F. Covenantors desire toenter into this Statement of Covenants, Conditions and Restrictions as required by the City. DECLARATION For favorable action on, and issuance of, a building permit for the construction of improvements, the Covenantors hereby Covenant that the Subject Property shall be held,conveyed, encumbered, used, occupied, developed, maintained, and improved subject to the following covenants, conditions and restrictions, all of which are for the purpose of enhancing the attractiveness, usefulness,value and desirability of the Subject Property,the surrounding property,and the public at large, and to minimize.possible adverse effects on the public health, safety,peace and general welfare. Each of the covenants, conditions and restrictions contained in this Declaration of Covenants, Conditions and Restrictions (the "Declaration') shall run with the Subject Property and shall be binding on each successive owner of the Subject Property and his heirs,administrators, successors and assigns during their respective ownership thereof. 1. Covenantors shall develop, improve, and maintain no more than one primary residential dwelling unit on the Subject Property. 2. Use of any portion of the property as a second dwelling unit, guest quarters or boarding house is not permitted. 3. Due to the code violations and subsequent Code Enforcement action and the expenditure of City resources to gain compliance, covenantors shall allow city entry of the property to inspect the Subject Property to ensure compliance with applicable requirements for occupancy. The City shall provide the applicable Owner(s),reasonable notice forty-eight (48) hours before such entry, except for emergency situations,which shall not require notice, 4. The provisions of this Declaration are intended to benefit the public and public properties. Accordingly, it is agreed that the City shall have the right to enforce this Declaration by any legal or equitable means against such person or persons in actual possession of the Subject Property who directly or through any agent violate the terms hereof. All obligations of.the Covenantors under this Declaration shall inure solely to the benefit of the City. There are no third party beneficiaries of said obligations nor shall the right of the City be transferable in any manner to any person other than a successor municipal corporation whose geographic boundaries include the Subject Property. 5. Covenantors agree that in the event of failure to comply with,the conditions set forth in this Declaration, Covenantors will not object to the,revocation of the 2 'I above-referenced building permit. In such event, Covenantors waive any right to have any uses or improvements installed subsequent to the approval of the building permit herein requested considered or treated as non-conforming uses or improvements after such approval. 6. The foregoing conditions shall remain in full force and effect unless permits are issued for a legal accessory dwelling unit and/or guest quarters. 7. Covenantors shall pay for all recording costs required by the office of the Orange County Recorder,and cause the recordation of this Statement. 8. The Covenantors shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing,and appeal process as established by the City Council by ordinance. 9. The provisions of this Declaration shall be deemed independent and severable and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof, Any titles of sections or paragraphs of this Declaration are for the convenience of the reader only and no presumption or implication of the intent of the parties hereto as to the construction of the Declaration shall be drawn therefrom. EXECUFED THIS_day of ,2019 at Tustin, California. ACCEPTED BY: "CITY" "COVENANTORS" CITY OF TUSTIN Helen Lingren and Erik Lingren, a municipal corporation Property Owners By: By: Elizabeth A. Binsack Helen Lingren Community Development Director Erik Lingren (Signature of Owners must be properly aelmowledged and notarized. PLEASE ATTACH THE APPROPRIATE ACKNOWLEDGMENT.) 3 i t� RECORDING REQUESTED BY AND WHEN RECORDED, MAIL TO: Community Development Dept. City of Tustin 300 Centennial Way Tustin,CA 92780 Exempt from SB2 fee per Government Code Space Above This Line for Recorder's Use 27388.1(a)(1)(2)(D) DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS COVENANTORS: Helen Lingren and Erik Lingren,Property Owners SUBJECT PROPERTY: Commonly known as 525 West Second Street (Assessor Parcel Number 401-541-06) in the City of Tustin, County of Orange, State of California, (hereinafter referred to as the "Subject Property")and more particularly described as: THE WEST 50 FEET OF THE SOUTH 150 FEET OF THE EAST 165 FEET OF THE WEST 316 FEET OF BLOCK C OF "A PART OF TUSTIN CITY" RECORDED IN BOOK 4 PAGES 218-239 INCLUSIVE OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY RECORDER. RECITALS. A. Helen Lingren and Erik Lingren,property owners ("Covenantors') have applied to the City of Tustin, a municipal corporation (the "City) for approval of permit COMER 2018-00299 to legalize a 334 square-foot addition to the rear of the main. house. Additional work includes restoring a 573 square-foot detached accessory structure back to a detached two-vehicle garage. B. Existing at the Subject Property is a 1,403.74 square-foot single family structure with an unparmitted 334 square-foot rear addition and a detached 573square-foot two-vehicle garage that had been illegally converted into living space. This residence is Iocated within the Single Family Residential with the Cultural Resource Overlay zoning districts where single family structures are permitted. C. The addition to the main house and construction to the detached two-vehicle garage without the benefit of a permit resulted in code enforcement action(CIr2018-0243). D. The Covenantors wish to legalize the uapermitted work to the main house and restore the detached two-vehicle garage as prescribed by Tustin City Code. E. As a condition of approval for COMBR 2018-00299, the City,has required the 1 ti r Covenanators to c.vccute and record this Statement of Covenants, Conditions and Rcstrictions. Slrch deed restriction is necessary to ensure that no part of the residence shall be used as a second unit, f;uest cluartc-rs or boarding house without prior approval of the City. Additi(,nally. the City shall have a right of cntry to the subject property upon notice. E . Covenantors desire to enter into this Smiernent of Covenants, Conditimis and Restrictions as required by the City. DECLARATION For favor,O)le action on, and issuance of, a building permit for the construction of improvements. the CL)\L11Lrntors hereby Covenant that the Subject Property shall be held, conveyed, etacumbcrcd. used, occupied, developed, rnrritatained, and improved subject to the fol IOW I'll g covenants, Condition and restrictions, all of- which are for the purpose of enhancin- the attractiveness, usefulness, value and desirabilW, (if' the Suhject Property, the surrounding. property, and the public at lame, and to minimize: Possible adverse eff;°cts on the public health, safety, peace and general welfare. Each of the covenants, conditions and restrictions contained in this Declaration of Covenants, Conditions and Restrictions (the Declaration") shall run with the Subject Property and shall be binding on each successive owner of the Subject Property and his heirs, administrators,successors and assigns during their respective ownership thereof. 1. Covenantors shall develop, improve, and maintain no more than one primary residential dwelling unit on the Subject Property. ?. Use of any portion of the property as a second dwelling unit, guest quarters or boarding house is not permitted. I 3. Due to the code violations and subs uent Code Enforcement action and the expenditure of City resources to gain compliance, C�-ovenantors shall allow city entry of the property to inspect the Subject Property to ensure compliance with applicable requirements for occupancy. The City shall provide the applicable Owner(s) reasonable notice forty-eight (48) hours before such entry, except for emergency situations, which shall not require notice. 4. The provisions of this Declaration are intended to benefit the public and public properties. Accordingly, it is agreed that the City shall have the right to enforce this Declaration by any legal or equitable means against such person or persons in actual possession of the Subject Property who directly or through any agent violate the terms hereof All obligations of the Covenantors under this Declaration shall inure solely to the benefit of the City. There are no third party beneficiaries of said obligations nor shall the right of the City be transferable in any manner to any person other than a successor municipal corporation whose geographic boundaries include the Subject Property. 5. Covenantors agree that in the event of failure to comply with the conditions set forth in this Declaration, Covenantors skill not object to the revocation of the 2 le Lahovc-referencced huilcling permit. In such event. Covenantors waive any right to harVc any uses or iniproveincnts installed subsequent to the approval of the huilding permit herein requested considered or treated as non-conforming uses or inaprovcnaents alter such approval. 6. The foregoing conditions shall remain in full force and effect unid sueli ti the Comfy--pevel-+lymem rs -Laetof. Of ri;c::'its of Ttfstif,- finds the longeF eqttkahie unless hermits are issued for a legal accessory dwelling unit andlor guest quarters. 7. Covenantors shall pay for all recording costs required b� the ofilce of the Orange County Recorder, and cause the recordation of this Suitenaunt. 8. The Covenantors shall be responsible for costs associated with any necessary code enforcement action, inclurling attorney fees, subject to the applicable notice, hearing„ and appeal process as established by the City Council by ordinance. 9. The provisions of this Declaration shall be deemed independent and se%crable and the invaliditti ur partial inti alidik or unenforceability of anyone provision or porion thereof shall not affect the validity or enforceability of any other provision hereof ,Any titles of sections or paragraphs of this Declaration are for the convenience of the reader onk .and no presumption or implication of the intent of the parties hereto as to the construction of the Declaration shall be drawn therefrom. ,EXECUTED THIS_day of 2019 at Tustin, California. ACCEPTED BY: "CITY" "COVENANTORS" CITY OF TUSTIN Helen Lingren and Erik Lingren, a municipal corporation Property Owners By: By: Elizabeth A. Binsack Helen Lingren Commtanity Development Director Erik Lingren (Signature of Owners must be properly acknowledged and notarized. PLEASE ATTAC11 THE APPROPRIATE ACKNOWI,F.DGMENT.) 3 ATTACHMENT B APPELLANTS' WRITTEN APPEAL RECEIVED Community Planning Department APR,1 5 2019 Ms Elizabeth Binsack 300 Centennial Way COMMUNITY DEVELOPMENT f31P; Tustin, CA 92780 April 10,2019 Re:525 West 211 Street,Tustin,92780 Appeal Planning Department Letter Ms,Elizabeth Binsack, on behalf of Hellen and Erik Lindgren I am writing this letter to inform the City of Tustin the following: The proposed conditions imposed set forth by the Declarations of Covenants Conditions Restrictions are arbitrary, unrelated,and unnecessary to achieve the underlying permit violations. The City's effort and City's exercising undue force and the conditions are unwarranted. The City's techniques are not supported by case law and by typical compliance issues. Continuously during this process,we have objected to the DCCR. We have put forth numerous attempts to suggest a more reasonable outcome but have met continuous opposition from the City. DCCR suggested by the City are usurious and not justified at any level. We have attempted to meet j and or telephonically communicate with the City and have been rebuffed and denied access. - The City has an arbitrary condition of screening the air conditioning and-duct work on the roof. This is not supported by the community or necessary to achieve a good architectural solution. The neighbors have all signed petitions supporting the Lindgren's not having to do this work. The City's position is not supported by the j community therefore we are proposing that this condition be removed from the planning department's obligation in this instance, - The city has imposed a condition to screen the existing tankless water heater and water softener on a side yard 1 that is not visible from the street nor the neighboring property. This condition is again Is not supported by the building department's obligation to obtain retroactive permits. - The City is imposing a criterion to make the garage a 20'by 20'clear when the existing garage is 197' by 20' clear. This condition can be overlooked and should be overlooked in this instance because it is causing I signlflcant financial harm with no public benefit, i These collective modifications that we are seeking from the Planning Commission should have been dealt with face to face or by telephonic communications but the City's use of levying the fines and the use of creating artificial timelines to impose their will on the property owner are unfair and unjust. We would appreciate some consideration from the planning commission in support of our efforts to bring the property into compliance. The City has been causing unnecessary delays in our effort to commence construction because of the city's lack of cooperation and forced the issue of us filing this appeal. Please find a check for$175,00 for filing an appeal to the City Planning Commission. If you have any questions, please contact Erik Lindgren at 714-390-8031, Sincerely, Erik Lin n ATTACHMENT C LOCATION MAP Location Map: 525 West Second Street — I� _ "lU r •w I I's - I 300 500,_ I� a� 1,000' t lj�'C� X911° orange - -7-F ,7�rrn r:•�pry rH Al J r�w.x e to Wi+• E Saar '!� d Ml-$l `[ am lit r' -E IOSI E�;M1rsl rM114N' C � A r Ate V ' Ey,rVri a.. 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"� 2w s,ter,_ -PLOT A0.0 °r r h.flaea and b.-,A M..flh-3'F n h+ght tram tnt-Wno a,mas when oast la n n.nmre CRY ot t— waaw.ya and a kn1r,—rn of 7a•in not Ifl NWA MM a.lnrg lura`,«nor nunnnamp.afaava SUrLflINC SeC1aRl1'y w..—Wd win 1-ehislae From Town Gly Or—ok,41433,eel, d. a ane plan wall be Pn-d d tnoMng bugdnga.P"Ing area warF.,ray..dtl.bwd IakM%=mg AFSIfY N'IIAL PROSeCTS • + and a uorrll-Ly-P nt F^=tam'vac:aiCul4a�.'Xf of Ne mq'de.o lIgnl le-refe Lonko—pwo afaa nol by ww naw a elfwetl e.bricw envekpe F■ p1LraM '.t.to ob-1. 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W —de (609,;:41-'!il;411 t aW1:!imel..only p www.oncadp*Q.com 5 Son A math bar w1,n whwr actuated.4 prokefed lar thrown)athw noraodeay o kktni Ily On e y retllrNrp nm bw wcn:is s.Data pWa.to pm-M a.doo from mm"o p mg. Drafting Consultant: o a. P.rt A pr:11 a auLffise 0 W1.~u.ribine.wth IhW Yhiw W k af,*Loa—pOnwk t 5 Pranary Lonk,n0 P--The single nCking.,w—on.doer a window.14 rebs,o—1.d la � ; Pre vent urwmor..d nIr 1b,, Ria e- Sri,gl.eylndwChaodbolrAW.nikO-"ohrb.awwodft—the..Veb,by k0y.ndI—fho FLI]AHF.ROBINS ON C ullwrlpr by n�ri.-f:.IhxmWJrlm,lever R almiW mec.IWlrn p, 7. SaW Cc,n Uar. A dmr cmlpa.ad of wW—,ocl—ialCk nsgn L I�!D D R L N 9 a ShW A-diuko n—V nlonbw a a trd—o dpa A na.%v NII.h.an.w seh mama an,.cit. d wndnr sale w a e lkal .mag memo,d•Mao m w.Mow ham,rdan d t aaan f n tM 0. A into!pWe ollwdred W or M Itiiod tris a daor,.mb th rwwlua aW W hoN.protar.d W& REMODEL E bon Mndfol d.WWN in order to wn.n ens Haw W the Wfro D 10.S,.ging Doo,Adxr nmgx s me silt,,c=canned at Ina fwad and Nnswae. Project Address: T1 U L Lum Tawe*err Ifaed by Underwnenb3Waibrde.Uri no W VV ST SwemaTwe Oaaa' TU5TM CA WWW"000 R81hng ol.rhead.sola a..n»ad,Swlnag,sllaMg lar a—d-.fyl.dfnn was ronn,rm m n,r. Developer: 4 fm""g HELEN ND t'JtNI L111,111OPM 3 1. Pbwrgl m doom sn.n n.v.0-0.:.m,n.mnx d."y of a Dunt..pw.q—,.le&Iron IM bohon a d„ Ina doer W a nbfghl or 7'0'P.lad Monte 7'fT and p-1.n re.WeMiW Nrunwet span Mw. 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Project No. ugMing fm R ottpgw,.cia.SM.ce al fbP—r,' �B - It Nile.P.100"WMy.and!erase),lata.la rW wNnm the buWafp camp*-wfw le.0-1-Wwon.mrnia—d knlN —a 02d t.t---`!n -a n-g.'.,.md raw dfwkrg in.hoYn of aerllnn. Drawn By: Lig M,g devkw 11M M palMtad by we.mer and v:irWntYm Iff~1 toys QR O D QPrt panting lank tike C.W.NMP M clunun„nea wiih:f m.urWad minlminn p 9 foot-,arab d pct WI m tM Par" fa donne naan Of dlif kne•1w Lgf,tw dawcw 0.11law pee-1.d by Sheet No. 2 �. wrrdN riaM{aM CtllMa W Ian.TM.m hghnna tletiauvs wYll lar u,run,u:'a,Py wnmgi:m'Having L nave. f awkrats. I p( C LumMrhw W11W W r.f.er N.rMVlne M-a 111A.Ilm.hag haw vandal`,Mikan!hght 1 r■ 9 u C fM F.T.OLL WMaWof, $ AS N?rm ro EXTERIOR e SIDE INTERIOR .`�'r`m wo Vr.M A Porrom •K o4 O SIDE oast ren n ro b � _ OnCAD PRODUCTIONS MOM neap 1 - --- Design I Drafting v �I„ ,�- ••�•• PAn7BIa - -- ———— ----------- -- -.—_--- -, (909)244-7888 c www.oneadpro.com 5 ,I ✓fa ��, i '' Drafting Consultant: rarrn �s If • awT►e rrn Nvm ►N eco xM snM no i ELVAH E.ROBINSON e rM��~ LINDGREN 7 1 SLAB ON GRADE FND. TLr f{AT7: (EIC.) H"=4 > IT , REMODEL E 0 W u—i 81iv w.LL i Project R�V sts• �. K o4 j oGa•.TfB hUDnlgt IUSRK Ca Z<760-�/H f —.T=-, _ �AF=* DevelDper: `m p e�lld Or ) V�„pT V 111551 NDMKLHOW! g caaaicro p " - :°" • fir_ nT.---y i�_�_ t (s1 ® Status: Date: GM*0run ? % ,T --___'`- ="�r I I Schematics pa Mtn I o • , a I rcl1A4T1l1 h Design Dev, \ I E • •1, p' :�' ' Z -- `' Submittal O}t0-D • . ` ' NMI ® I Consultant: • `�'� �`'' __��-_� I1/"00RML .i iii i I E Wff"'CCTV x 3 R?w� ft01�M ! I gTg %~.UO FW t 8 EKISTING TO NEW FTG.CONN. I r E . 1 CirY OF TLISM CA %1VCL W,GL amw N/ILIA.uam -:RAMP Itoex xx[basdrr awxets No Revision 8 oym *"'T,�rr ,,. .�, I o z .�a alai m o s d 1 I i i Sheet Title;PRW Z MW a, ; ,VErM 91 o FauNVArlonl ;• eaw,ramwnm------- 4 --- L----L---� ----, ----------I------------- I----� Itii�Vl I. 141 ri z r DETAILS `�. Project No. a .v.. /CG�O a ••Q 4 •• �� DraE roar: c� 0 A a �m Sheet No. 3 9 TYP.WEEP SCREED AT FND. I r FOUNDATION PLAN-BUILDING A1.0 9 E N r orµ+wcn A ",o D , . � mm� Alf.gGrDfi o 0o &L ams I , _ o ------- — I � oar o a wAm"%" I OnCAD PRODUCTIONS r a►Ear.--urs-- — Nc rrar. �y� I' Design I Drafting II (909)244-7888 3 o,am. www.oncedpro-mm d I �. Drafting Consultant: I 5 --�--- -—-—- -—-—---- I -------- -- OW POW MM" � ELIJAH E.ROBINSON FAMLY 7 MICH.EQUIP.ROOF SCREEN r I � m.�_ . _ L[NDGREN lo - ------- REMODEL 0 FRST}6 I - Project Address: G �-J--II >C 1 ips H nip sr Em r11R11�LA71U n a a �crt Developer: m°.as FM PErAQ (E) C� �`" Status: Date: i Q W nae I schematics n KTOM QO Design Dev. fm LAI = Submittal a9 4a m FIConsultant: refocee ' 2 cuum ' I10I c�) W e aair ��ne ' P� ° E I \\ I I �LIV) 9 I I FRh`t �ie I ; 3 Jurisdiction: ; arr er rums o No Revision m W RLrr i 0 Germ I I I �© i i SSheetTltle:aAMA..Ma. �AW . //R NW L� R00ff PLAN 1X9. #1) r 4 a rs�uce ! 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I rmn WWWR 9 +' S •. � *� •� ^lam. Status: Date: � �t MTgRaM a wrT rAHs cRW)ami. Schematics o '(1) rhos«YL1.tC trERifY START' &P PIA4K AW W PZTW To TE04WAr[TE 7o Design Dev. & TM Girl)FAN5 Mar PtrlGrMd 8 As A Submittal _ C,%V0HEI4r Lr A YJiaE HAM VO4r"LN b w 3 SYSTEK.WJgT M ®Pr A HLMP17Y Consultant: 5 a ``A� E 1i/i�lll C 81 RAISED FOUNDATION I r 51 ENLARGED BATHROOM FLOOR PLAN -BUILDE GVPWPH`RAt+ Jurisdiction: }.FRE s.1 Yes AT a' M-Yd I1V3 (,Ry Or TUSM rA a•f@ IAPJ'JSL T1YN RAqm Rtly w/L-Ifd U BO NlSSY t' T MT! 0 CA"!OP"VPlB WATA OW O4 No Revision o V RAT �RR Cu+eGrut EACM m carPLe mtos 0 z° 9 __r Ur ONMAIM slum w Sheet Title; A'Hi 7d leg LSI\lY../LIVK`IVrR`'I// FRNMMcrae FIR LVVL FLOOR PALM z awaaldTwa (PLPC-)- #1) Yd li.LS OLM AT Ir 04 mm car cert StAMEW 0 P69 R.W Ragl�B Pro) No. e�W +4L R ae Drawn RO[E ew 0 Sheet No. 5 91 CALIFORNIA ROOF FRAMING-TYP. r 6 RAFTER/RIDGE CONN. 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CCt71iv g Drawn By: RA! o FLOOR PLAN - BUILDING #2 ,gym A6.un. 9 Sheet — _ - - 0 of Q a v ATTACHMENT E PLANNING COMMISSION RESOLUTION NO. 4387 RESOLUTION NO. 4387 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AFFIRMING THE COMMUNITY DEVELOPMENT DIRECTOR'S DIRECTION REGARDING CORRECTIONS AND CONDITIONS ASSOCIATED WITH CODE CASE NO. CE-2018-0243 AND PERMIT NO. COMBR- 2018-00299 FOR THE PROPERTY AT 525 WEST SECOND STREET The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper request was submitted by property owners, Helen Lindgren and Erik Lindgren, requesting to appeal the Community Directors decision to require a recorded deed restriction in association with illegal conversion of a detached garage into a living unit. In addition, the appeal states opposition to the required twenty(20) feet by twenty (20) feet interior garage dimensions and the requirement of rooftop and side yard mechanical screening. B. That, on July 2, 2018, the City inspected 525 West Second Street and illegal construction was confirmed (Code Case No. CE-2018-0243). The unpermitted construction included the following: a 573-square-foot detached garage that was illegally converted into a living unit, a 334-square-foot addition on the northwest corner of the main house, a 120-square-foot shed with electrical, a recent model roof-mounted air conditioning (A1C) unit, a tank-less water heater, and a water softener. The illegal garage conversion included the following unpermitted construction and safety issues: an improper electrical line from the back of the main house to the converted, detached garage, ungrounded 3-prong electrical outlet on the southwest corner of the illegal bedroom, new window with non-tempered glass on the southwest elevation with a sill height of 14-inches, no exhaust vent above the microwave and gas stove, and recessed lighting in the bedroom and living room installed by the current property owners. C. That, on September 20, 2018, plans were submitted to Building Division Plan Check to legalize the following: a 334 square-foot addition to the rear of the main house, roof-mounted A1C unit, tank-less water heater, and water softener (Permit No. COMBR-2018-00299). Additional work included restoring the illegal living unit back to a 573 square-foot detached two-vehicle garage. A bathroom addition to the front of the house was also added to the permit. D. That the requirement of a recorded deed restriction prior to permit issuance is a Community Development Department policy. The requirement is necessary for ensure the property remains as permitted and discourages repeat violations. In upholding this requirement, the Planning Commission has considered at least the following items: Resolution No. 4387 Page 2 1) Community Development Department policy requires a recorded deed restriction for entitlements and,building permit applications when the City observes repeat violations on a property. The City is requiring a recorded deed restriction for 525 West Second Street due to construction of an illegal living unit, addition to the home, and installation of equipment without proper permits. 2) The recorded Deed Restriction would allow the City the right of entry to inspect the property upon notice should the City observe future violations or respond to complaints. The City would provide proper notice of at least 48-hours prior to inspections. 3) The recorded deed restriction would provide future owners with information related to permitted construction and/or restrictions applicable to the property. 4) The deed restriction would be applicable until such time that the City finds that enforcement of such condition is no longer equitable unless permits are issued for a legal accessory dwelling unit and/or guest quarter. E. That the plan check correction to require a two-vehicle garage that has minimum interior dimensions of twenty(20)feet by twenty(20)feet is required by the TCC. In upholding this code requirement, the Planning Commission has considered at least the following items: 1) Pursuant to TCC Sections 9263(8) and 9266(d), two (2) parking spaces within a fully enclosed garage is required for single-family housing for each unit with four (4) or fewer bedrooms with minimum interior dimensions of twenty (20) feet by ten (10)feet for each space. 2) Pursuant to TCC Section 9273(b)(1), any lawfully established structure which is legal nonconforming either in use, design, or arrangement, shall not be enlarged, extended, reconstructed, or structurally altered unless such enlargement, reconstruction, or alteration is in compliance with TCC. F. That the plan check correction to screen the roof-mounted A/C unit is supported by design review and development standards in the TCC. That the location, size, and general appearance of the mechanical equipment was considered. In making such findings, the Planning Commission has considered at least the following items: 1) Pursuant to Tustin City Code (TCC) Section 9271(ii), equipment screening is required in the event of roof-mounted equipment. The screening element must appear visually integrated with the architecture of the building. 2) West Second street is a single-family residential neighborhood in the Cultural Resources (CR) Overlay District. Allowing roof top equipment without proper screening is in contrary to the goals and objective of the CR District which is to maintain the integrity of the historic resources and the area as a whole Resolution No. 4387 Page 3 3) The requirement to screen the roof top A1C unit to mimic a chimney is consistent with the goals and objectives of the Design Review provision of the TCC. G. That the plan check correction to screen the water softener in the side yard has been reconsidered because the location of the equipment is not visible from public view. The permit correction will be revised to permit the applicant to maintain the tankless water heater and the water softener at their current location without any screening. H. That a public hearing on the matter was duly called, noticed, and held for said appeal on June 11, 2019, by the Planning Commission. I. That the appeal is categorically exempt pursuant to Section 15301(e) of the California Code of Regulations (Guidelines for California Environmental Quality Act); il. The Planning Commission hereby affirms and upholds the Community Development Director's decision associated with Code Case No. CE-2018-0213 and Permit No. COMBR- 2019 as follows: 1) Uphold the Community Development Department policy to record the Deed Restriction without modifications prior to permit issuance. 2) Uphold the Tustin City Code requirements regarding: 1. The interior dimensions of 20 feet by 20 feet of the detached two- vehicle garage; and ii. Screening of the roof-mounted air conditioning (A1C) unit. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 11th day of June, 2019. STEVE KOZAK Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4387 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) 1, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 4387 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 1 11th day of June, 2019. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4387 APPEAL OF CORRECTIONS RELATED TO CODE CASE NO. CE-2018-0243 AND BUILDING PERMIT NO. COMBR-2018-00299 525 WEST SECOND STREET GENERAL (1) 1.1 Any violation of any conditions imposed is subject to the issuance of an Administrative Citation pursuant to TCC Section 1162(a). (1) 1.2 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. PLAN SUBMITTAL (1) 2.1 Resubmit plans for Building .Division Plan Check for Permit No. COMBR- 2018-0243 by Tuesday, July 2, 2019. (1) 2.2 Obtain permits and take all corrective actions required and in the timeframes directed by the Building and Code Enforcement Divisions. SOURCE CODES (i)STANDARD CONDITION (6) RESPONSIBLE AGENCY REQUIREMENT (2)CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3)BUILDING CODE (7) PCICC POLICY (4) DESIGN REVIEW "** EXCEPTION