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HomeMy WebLinkAboutRES NO 4251RESOLUTION NO. 4251 A RESOLUTION OF THE BUILDING BOARD OF APPEALS OF THE CITY OF TUSTIN, FINDING THAT THE CALIFORNIA BUILDING CODE DOES NOT APPLY TO DETERMINATIONS BY THE BUILDING OFFICIAL /BUILDING DIVISION OF EXEMPTION FROM "ASSESSABLE SPACE" FOR THE CALCULATION 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: I. 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 and application of the exemptions from the term "Assessable Space" and specifically the Building Division's standard practice of including interior corridors and storage areas in calculating 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." F. 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 Government Code, has utilized 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 a building's "Assessable Space" to be determined consistent with the standard practice of Resolution No. 4251 Page 2 the Building Division, 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. H. That under Section 113.2 of the California Building Code, as adopted by the City of Tustin, the Building Board of Appeals has jurisdiction to only hear appeals asserting that the Building Code has been incorrectly interpreted, the provisions of the Building Code do not fully apply or that an equally good or better form of construction is proposed. NOW THEREFORE, the Building Board of Appeals does hereby find the California Building Code does not apply to determination of the exemptions from the term "Assessable Space" in Government Code Section 65995(b)(1). The Board has no further jurisdiction than determining the applicability of the Building Code. The appeal of The Irvine Company is remanded to the Building Official for a determination of exemptions from "Assessable Space" for the Legacy Villas project at 16000 Legacy Road in a manner consistent with this Resolution. 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. ,8TEV ZAK Chairperson 46�� >- SCOTT FAZEKA IA, 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. 4251 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. .6 � L✓ SCOTT FAZEKWAIA, NCARB, CBO, CASP, LEED AP Secretary, Building Board of Appeals