1 ROGERS JOSEPH O'DONNELL
AARON P. SILBERMAN (State Bar No. 161021) FILED
2 [email protected]
RICHARD M. HARRIS (State Bar No. 268171)
3 [email protected] AUG 2У 2023
311 California Street
JAMES M. KIM. Court Executive Officer
4 San Francisco, California 94104 MARIN COUNTY SUPERIOR COURT Telephone: 415.956.2828 By: N. Johnson. Deputy
5 Facsimile: 415.956.6457
6 Attorneys for Petitioner
JACOB FRIEDMAN
7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF MARIN
10 JACOB FRIEDMAN, an individual, Case No. (V0000737
11 Petitioner, VERIFIED PETITION FOR
ALTERNATIVE WRIT AND STAY AND
12 VS. WRIT OF MANDAMUS (Civ. Proc. Code
$§ 1085-1087)
CITY OF FAIRFAX, a general law city,
THE OFFICE OF BUILDING
INSPECTOR OF THE TOWN OF Date: August 30, 2023
FAIRFAX, in its official capacity, and Time: 9:00 a.m.
15 Does 1-10 Dept.:
Judge: Hon. ANDREW E. SWEET
16 Respondents.
17 Petitioner JACOB FRIEDMAN ("Friedman") hereby petitions this Court for an 18 alternative writ and peremptory writ of mandamus under sections 1085, 1086 and 1087 of the 19 Code of Civil Procedure, directed to Respondent CITY OF FAIRFAX ("Fairfax" or "the City"), 20 and THE OFFICE OF BUILDING INSPECTOR OF THE TOWN OF FAIRFAX ("Building 21 Department" or "Inspector") (Collectively, "Defendants"):
22 THE PARTIES
23 Petitioner Friedman is a taxpayer and resident of Fairfax and the State of 24 California. He is seventy two years old, in the construction business in Fairfax and elsewhere in 25 California, and is authorized, qualified and licensed to perform this business in California. 26 Respondent Fairfax is a general law city, subject to the Court's power to 27 compel compliance with a legal duty pursuant to sections 1085, 1086 and 1087 of the Code of 28 Civil Procedure.
Verified Petition For Alternative Writ and Stay and Peremptory Writ Of Mandamus, Case No. 565241.1
1 3. Respondent Building Department is an office within the government of the 2 Town of Fairfax created by statute (Fairfax Town Code (FTC) § 2.20.010). Building 3 Department is subject to the Court's power to compel compliance with a legal duty pursuant to 4 sections 1085, 1086 and 1087 of the Code of Civil Procedure. 5 Friedman is ignorant of the true names and capacities of Respondents sued 6 herein as DOES 1-10, inclusive, and therefore sues these Respondents by such fictitious names. 7 Friedman will amend this Complaint and Petition to allege their true capacities when 8 ascertained. Friedman is informed and believes and thereon alleges that each of the fictitiously 9 named Respondents is responsible in some manner for the occurrences herein alleged. 10 STATEMENT OF FACTS
11 Friedman owns the real property located at 79 Wood Lane, Fairfax, CA 12 | 94930 ("the Worksite").
On July 6, 2021, Friedman submitted an application to the City of Fairfax 14 for the construction of a house and an Accessory Dwelling Unit (ADU) at the Worksite ("the Application"). The Application included proposed plans for the proposed construction and 16 structure.
17 7. For over six months, Fairfax staff and outside administrators objected to, 18 delayed and otherwise interfered with Friedman's efforts to get the Application approved 19 Specifically, Fairfax Principal Planner Linda Neal threatened to recommend denial of the 20 application and plans unless Friedman agreed to her demands that the house be lower in height 21 and lower to the ground, even though the house was designed to be under the height limit of the 22 Fairfax Planning Code. Friedman is informed and believes that these efforts were conducted in 23 bad faith with the intention of delaying and/or preventing Friedman from proceeding with the 24 project.
25 On January 20, 2022, the City Planning Commission unanimously 26 approved Friedman's Application. A true and correct copy of the approved plans ("Approved 27 Plans") is attached as Exhibit 1.
28 Despite the Planning Commission approval, the City did not promptly
Verified Petition For Alternative Writ and Stay and Peremptory Writ Of Mandamus, Case No. 565241.1
1 issue a building permit. Rather, Fairfax Building Official Mark Lockaby submitted Friedman's 2 Approved Plans to the City Engineer (an outside contractor) for further review prior to approval 3 for the Permit, further delaying prompt construction. Finally, on August 4, 2022 (over 13 months 4 after Friedman submitted his application), the City issued a building permit to Friedman ("the 5 Permit"). A true and correct copy of the Permit and receipt of payment is attached as Exhibit 2. 6 Friedman is informed and believes that these efforts were conducted in bad faith with the 7 intention of delaying and/or preventing Friedman from proceeding with the project. 8 10. After receipt of the Permit, Friedman hired a work crew and mobilized 9 equipment to begin work on the Project.
10 11. After the permit was issued, Friedman informed the City that he intended 11 to submit an application pursuant to Government Code § 65852, et seq. ("SB 9"), which states 12 that projects containing up to two single family homes on property meeting certain requirements 13 "shall be considered ministerially, without discretionary review or a hearing," if certain 14 requirements are met. Neal responded by email that the City would conduct several layers of 15 review contrary to SB 9.
16 12. On August 9, 2022, Friedman submitted his application for changes to his 17 plans that meets all of SB 9's requirements for ministerial, non-discretionary review. 18 13. On the morning of August 10, 2022, the City, by and through Building 19 Official Lockaby, issued and posted at the Worksite an Order to Stop Work ("OSW") 20 prohibiting any further work on the Project. The only information the OSW states regarding the 21 "cause" of its issuance was "construction, excavation beyond scope of permit issued." Friedman 22 is informed and believes that this action was in bad faith with the intention of delaying and/or 23 preventing Friedman from proceeding with the project and intimidating him out of submitting 24 plan changes.
25 14. On August 25, 2022, Friedman was forced to file a petition for alternative 26 writ and stay and mandamus in the above entitled court. After filing the petition and serving it 27 on the City, the parties were able to resolve the dispute short of court intervention. That petition 28 was dismissed by Friedman without prejudice.
Verified Petition For Alternative Writ and Stay and Peremptory Writ Of Mandamus, Case No. 565241.1
1 15. Work continued on the Project fully in compliance with the laws and 2 regulations of the City, and always under safe conditions. As is typical on projects like these, 3 Friedman made various changes to the structure. Lockaby requested documentation detailing 4 these changes from Friedman, and Friedman provided these documents. The documents 5 Friedman provided to Lockaby are attached as Exhibit 3. Relevant to this dispute, Friedman 6 showed three changes to the plans:
7 a. A portion of the basement was shown to be an accessory dwelling unit; 8 b. A portion of the top floor has been prepared to be a junior accessory dwelling 9 unit, including enclosing an upper deck, and the addition of an exterior 10 stairway; and
11 c. The front low pitched roof is shown as being eliminated, and instead a roof 12 deck above a portion of the lower floor even with the top floor is shown. 13 16. After receiving the documents, Lockaby agreed that Friedman could 14 continue with the work. Lockaby requested that Friedman obtain approval of the changes shown 15 in paragraph 15(b) and 15(c) from the Fairfax Planning Commission, and that Friedman not 16 complete any further work on these items until Planning approved the changes. 17 17. Friedman disputed Lockaby's finding. Section 107.4 of the Building Code 18 contemplates changes will occur during construction, stating "any changes made during 19 construction that are not in compliance with the approved construction documents shall be 20 I resubmitted for approval as an amended set of construction documents." Thus, Friedman 21 asserted his right to continue construction and submit the minor changes to the plan at the 22 conclusion of the Project.
23 18. While the requirements of plan submission was still under discussion, on 24 June 8, 2023, Lockaby issued a notice to stop work on the Project. The "cause" described on 25 the red tag was "CONSTRUCTION NOT APPROVED." Friedman understood this red tag to 26 allege that Friedman was allegedly constructing the Project in violation of the planning code of 27 the City (Title 17). A true and correct photograph of the red tag issued on June 8, 2023 is 28 attached as Exhibit 4.
Verified Petition For Alternative Writ and Stay and Peremptory Writ Of Mandamus, Case No. 565241.1
1 19. On June 9, 2023, Friedman signed and submitted an appeal to the decision 2 of Lockaby under Title 17. On June 12, 2023, Friedman paid the required fee for an appeal to 3 the City. Freidman has not received a copy of the signed document back from the City. A true 4 and correct copy of that appeal (unsigned), and the receipt for Friedman's payment, is attached 5 as Exhibit S.
6 20. Pursuant to the Fairfax Municipal Code section 17.036.030, an appeal of 7 an administrative official's enforcement of title 17 stays any enforcement of that action pending 8 a ruling by the City Council on the appeal. FTC § 17.036.030. To date, the City Council has not 9 ruled on the appeal contained in Exhibit 5.
10 21. Once the Appeal stayed the OSW, Friedman went back to work on the 11 Project. For some weeks, Lockaby continued to respond to requests for inspection. Work 12 continued in a legal and safe manner. To resolve the appeal short of a ruling, Friedman's 13 counsel wrote to Town Counsel Janet Coleson, offering that Friedman would cease work on 14 items described in paragraphs 15(b) and 15(c) above, and request a modification from the 15 planning commission and submit plans within 60 days from June 23, 2023. The City's counsel 16 never responded to this offer to resolve the dispute. 17 22. On July 20, 2023, Lockaby was called to complete, and did complete, an 18 electrical inspection of the Project. During this inspection, the electrical systems appeared to 19 Lockaby to be in working order and up to code and was approved. However, Lockaby refused 20 to approve the electrical system for connection to PG&E (also referred to as issuing a "green 21 tag"), notwithstanding it met all of the requirements of the code. Lockaby told Friedman that he 22 cannot release the Project's electrical service for connection to PG&E unless and until Linda 23 Neil signs off on it.
24 23. On July 21, 2023, counsel for Friedman contacted counsel for the City to 25 discuss why the electrical was not being approved for connection to PG&E, given that the 26 electrical system was in working order and approved. During this phone call, counsel for the 27 City read to counsel for Friedman an email to her from Lockaby, which stated, in substance, that 28 the City was withholding the approval of the electrical system in order to force Friedman to
Verified Petition For Alternative Writ and Stay and Peremptory Writ Of Mandamus, Case No. 565241.1
1 submit new plans to Planning and secure approval. Counsel for the City then explained that the 2 City would often withhold a "green tag" not because there was a problem with the electrical 3 work, but in order to extract other concessions from permit holders. 4 24. Despite the City's refusal to issue the green tag, Friedman continued 5 working on the Project. Over the next few weeks he was able to complete some work on the 6 Project, although much less efficiently.
7 25. Based on this lack of efficiency, Friedman was accruing damages caused 8 by the City's actions. On Friday, July 28, 2023, counsel for Friedman sent an email (a true and 9 correct copy is Exhibit 6) to counsel for the City, requesting that the City issue the green tag that 10 Friedman was entitled to by law.
11 26. Counsel for the City did not respond substantively until August 8, 2023, 12 stating in part "I don't believe the electrical tag will be withheld for issues unrelated to the 13 electrical." This was wholly contrary to the representations of counsel for the City made by 14 telephone on July 21, 2023. A true and correct copy of the City's response is attached as Exhibit 15 16 27. From July 20, 2023, until Friday, August 11, 2023, Friedman's work on 17 the site was inefficient due to the lack of a green tag. During this time, Friedman would call 18 Lockaby for various inspections, but Lockaby would not respond. When Friedman called from 19 an anonymous number, Lockaby answered the phone, came to the site, and inspected Friedman's 20 work. Friedman is informed and believes that ignoring his phone calls was in bad faith with the 21 intention of delaying and/or preventing Friedman from proceeding with the Project, and/or 22 convincing Friedman to capitulate to the City's understanding of the Planning Code and submit 23 plan revisions.
24 28. On August 11, 2023, Lockaby sent an email to Friedman with an attached 25 letter. In the email, Lockaby states that he observed that the rear stairs were being constructed 26 He then falsely claims that Friedman had agreed to obtain approval from the planning 27 commission before continuing to construct the back staircase. Lockaby then states: "I have no 28 choice but to suspend your permit until approvals [from Planning] are obtained." A true and
Verified Petition For Alternative Writ and Stay and Peremptory Writ Of Mandamus, Case No. 565241.1
1 correct copy of this letter is attached as Exhibit 8. 2 29. The letter stated that Lockaby was suspending the permit under California 3 Building Code [A] 105.6 because "the work being done is based on incorrect, inaccurate, and 4 incomplete information." He then lists the same items contained in paragraph 15 above "have 5 not been approved by the planning commission, or building department" and that "In order to 6 commence construction, planning commission approvals must be obtained, and construction 7 drawings checked, and approved by the building department." 8 30. On August 14, 2023, a similar letter was posted at the jobsite, together with 9 a stop work order, stating that the "cause" of OSW is "suspension of building permit." A true 10 and correct photograph of the OSW and letter posted is attached as Exhibit 9. 11 31. That same day, counsel for Friedman contacted counsel for the City, 12 explaining that this order to stop work is contrary to law. Counsel for the City responded 13 August 15, 2023, stating that "it's past time for your client to stop doing whatever he wants and 14 follow the direction provided." A true and correct copy of that email is attached as Exhibit 10. 15 32. Rather than discussing the matter, Mr. Lockaby sent a new letter by email 16 to Friedman on August 17. This letter states that the permit is suspended because "your permit 17 was issued on the basis of your submittal of incorrect, inaccurate, and incomplete information. 18 The construction documents you submitted to obtain the permit did not reflect" the items in 19 paragraph 15 above. This letter does not include information about how Friedman might have 20 the permit reinstated. A true and correct copy of this letter is attached as Exhibit 11. 21 33. Counsel for Friedman wrote an email to Counsel for the City, demanding 22 reinstatement of the permit because, among other reasons, Friedman had not been afforded 23 notice or a hearing prior to the suspension. Counsel for the City responded by stating that 24 Friedman could appeal the suspension of the building permit to the town council (true and 25 correct copies of these emails are attached as exhibit 12, p. 5-7). Counsel for Friedman emailed 26 a response, stating that the Counsel for the City has stated "there is no appeal to the Planning 27 Commission or Town Council of a Building Official's stop work order issued under the 28 authority of the CA Bldg Code." A true and correct copy of the email that includes this quote is
Verified Petition For Alternative Writ and Stay and Peremptory Writ Of Mandamus, Case No. 565241.1
1 Exhibit 13. In addition, the Fairfax Town Code does not provide for the necessary authority for 2 an appeal.
3 34. The Building Code is incorporated into the Fairfax Town Code as 4 article 15. Article 15 claims that it has a provision allowing for appeals: "Any aggrieved 5 applicant or person may appeal the determination of the chief building official regarding the 6 granting or denial of an exemption or compliance with any other provision of this chapter. An 7 appeal of a determination of the chief building official shall be filed in writing and processed in 8 accordance with the provisions of § 15.04.028 of this code." FTC $15.04.100(C)(4). There is 9 no section 15.04.028 of the Fairfax town code.
10 35. Counsel for Friedman wrote to Counsel for the City on August 22, 2023, 11 that a permit revocation done without notice or a hearing where Friedman could present 12 evidence was is "inoperative and of no legal force," citing City of San Marino v. Roman 13 Catholic Archbishop of Los Angeles, (1960) 180 Cal.App.2d 657, 669. On that basis, Friedman 14 would restart his construction on August 23, 2023.
15 36. Friedman also met with Lockaby at the project site on August 25, 2023. 16 During that conversation, Lockaby admitted that the green tag was not being withheld for any 17 reason related to the electrical system, but only because Town attorney Coleson told Lockaby 18 not to issue the green tag until Friedman obtained approval for the plan changes from the 19 Planning Commission. Lockaby also agreed that the changes under dispute were minor and 20 would likely be approved. A true and correct copy of an email sent by Friedman recounting this 21 conversion is attached as Exhibit 13. To date, Lockaby has not responded to this email. 22 37. That same day, Defendants caused a police officer to arrive at the Property. 23 The officer informed Friedman's employees that if they did not stop working, they would be 24 cited and arrested.
25 38. As a result of the OSW, Friedman has no further work for his work crew. 26 Friedman is informed and believes based on current labor shortages in the construction industry, 27 it will be difficult upon rescission of the OSW to get the work crew to return to the Project as 28 they likely have taken other jobs, so Friedman has been and will be delayed as a result, and he
Verified Petition For Alternative Writ and Stay and Peremptory Writ Of Mandamus, Case No. 565241.1
1 will very likely have to pay higher rates for a replacement work crew and/or a replacement 2 subcontractor.
3 39. By requiring Friedman to stop all work at the site, the City has created a 4 threat that the site will become unsafe. Specifically, if the green tag is not issued, Friedman 5 cannot power up the sump pump system to keep the property from flooding should it rain. 6 40. Friedman is informed and believes that the purported reasons given by the 7 City for its having issued, posting and refusing to rescind the OSW are contrary to law, 8 pretextual, factually unsupported and/or were devised after-the-fact in an effort to justify not 9 issuing the green tag. Friedman further is informed and believes that on or before the date the 10 City issued the OSW its actual reasons for issuance were ill will towards Friedman as a result of Friedman asserting his property and statutory rights, including his right to a green tag, and in an 12 effort to convince Freidman to capitulate and agree to apply for changes in the middle, as 13 opposed to at the end, of the Project.
14 41. On August 21, 2023, counsel for Friedman emailed Counsel for the City 15 stating Friedman's intention to file this action. Attached as Exhibit 12 is a true and correct copy 16 of the email and responses to that email. Though counsel for the City responded to the email, it 17 refused to lift the OSW, refused to issue the green tag, and failed to provide any support for the 18 argument that the City has an appeals process under the Building Code. 19 FIRST CAUSE OF ACTION
(WRIT OF MANDAMUS - Civ. Proc. §§ 1085, 1086)
20 21 1. Friedman refers to and re-alleges all of the above paragraphs and by this reference 22 incorporates those paragraphs as though fully set forth at length. 23 Fairfax has a legal duty to comply with applicable law and its own building permits, 24 including the Permit issued by the City to Friedman. 25 Once Fairfax has exercised its discretion on whether a particular portion of the work 26 was installed in good and proper order, it is required by law to ministerially sign off on that 27 inspection (and issue a green tag allowing PG&E to connect the power to the house). 28 4. Further, Fairfax may not lawfully prevent work, including issuance and
Verified Petition For Alternative Writ and Stay and Peremptory Writ Of Mandamus, Case No. 565241.1
1 maintenance of an order to stop work when the permit holder has a vested property interest in 2 the permit and Fairfax has not provided the permit holder with a noticed hearing where the 3 permit holder has an opportunity to present evidence and be heard. 4 5. Fairfax violated these legal duties, either intentionally or negligently, when it 5 a. Failed to issue the green tag once Lockaby had determined that the electrical 6 service and system were in good working order.
7 b. issued, posted and maintained the OSW from August 11, 2023, prohibiting 8 Friedman from continuing work under the Permit, which work was being 9 lawfully performed.
10 6. At all times relevant to this petition, Fairfax has been able to perform its 11 duties detailed herein, but has failed and/or refused and continues to fail and/or refuse to do so. 12 Friedman has exhausted his administrative appeals because there is no 13 administrative appeal procedure. Friedman requested that Fairfax rescind and remove the OSW 14 and issue the green tag. The City has ignored previous appeals filed pursuant to its Code, and the 15 City has stated there is no appeal procedure, inviting court intervention. Friedman is informed 16 and believes that there are no further available administrative procedures to compel Fairfax to 17 comply with applicable law and the Permit.
18 In the alternative, even if there were a sufficient appeal procedure, it would 19 be futile for Friedman to pursue, given that the City ignores appeals that have been filed. In 20 addition, irreparable harm will come to Friedman if he must wait an unknown time for an appeal 21 to occur. Defendants' illegal actions have caused Friedman to stop work completely, even 22 though he must continue to pay interest on his construction loan. In addition, rain may come at 23 any time, and house may flood without a green tag, so Freidman can connect the electricity to 24 run the pumps.
25 9. Friedman does not have a plain, speedy and adequate remedy at law, other 26 than the writ sought by this petition.
27 10. If Fairfax is allowed to maintain the OSW and not issue the green tag, 28 Friedman will suffer irreparable injury because (a) he will suffer pecuniary loss for which money
Verified Petition For Alternative Writ and Stay and Peremptory Writ Of Mandamus, Case No. 565241.1
1 damages are not available against Fairfax and so cannot adequately compensate for Friedman's 2 crew and equipment costs caused by the OSW and the refusal to issue the green tag; (b) the 3 longer the delay in rescinding the OSW and issuing the green tag, the higher the likelihood that 4 Friedman will not be able to get his crew back or get a similarly qualified crew to complete the 5 work; and (c) significant rainfall could occur at any time and, when it does, the incomplete work 6 - which the OSW prohibits Friedman from completing - is likely to threaten public safety and 7 Friedman's and adjacent properties, all of which could create liability for Friedman for which he 8 would not have an adequate remedy at law against Fairfax, and (d) Without being able to 9 complete the work, the cost of carrying the loan on the Property may become too great for 10 Friedman to actually complete the work, and he may be forced to default on this loan. 11 11. For all of these reasons, Friedman has a beneficiary, pecuniary interest in the 12 issuance of an alternative writ and peremptory writ of mandamus, apart from that of the public at 13 large.
14 PRAYER FOR RELIEF
15 WHEREFORE, Friedman respectfully prays that the Court enter judgment against 16 Respondents as follows:
17 1. For an Alternative Writ and Stay Order requiring Respondents to rescind 18 and stay enforcement of the OSW and to show cause why they should not be enjoined, as set 19 forth in this Petition;
20 For an Alternative Writ and Stay Order requiring Respondents to issue the 21 green tag for the electrical system on the Project, and to show cause why they should not be 22 ordered to do so, as set forth in this Petition;
23 For an Alternative Writ and Stay Order requiring Respondents to establish 24 an appeal procedure under the building code as required by section 1.8.8.1 et seq. and Lippman 25 v. City of Oakland (2017) 19 Cal.App.Sth 750.
26 4. For a Writ of Mandamus to be issued pursuant to Civ. Proc. §§ 1085, 1086 27 and 1087 ordering Respondents to immediately rescind and stay enforcement of the OSW, and 28 to issue the green tag for the Property, or to show cause before this Court, at a time and place
Verified Petition For Alternative Writ and Stay and Peremptory Writ Of Mandamus, Case No. 565241.1
1 then or thereafter specified by court order, why Respondents have not done so and why a 2 peremptory writ should not issue;
3 For Friedman's cost in this action; and
4 6. For such other relief as the Court considers just and proper. 5 Dated: August 28, 2023 ROGERS JOSEPH O'DONNELL
6 By:
7 AARON P. SILBERMAN
RICHARD M. HARRIS
8 Attorneys for Petitioner
JACOB FRIEDMAN
9 10
11 12
13 14
15 16
17 18
19 20
22 23
24 25
26 27
28
Verified Petition For Alternative Writ and Stay and Peremptory Writ Of Mandamus, Case No. 565241.1
1 VERIFICATION
2 I, JACOB FRIEDMAN, declare that:
3 I am the petitioner in this case, and I make this verification for that reason. I have 4 read the foregoing VERIFIED PETITION FOR ALTERNATIVE WRIT AND STAY AND 5 WRIT OF MANDAMUS.
6 I have personal knowledge of all of the facts recited in the above-referenced 7 document, and, therefore, verify them as true and correct. 8 I declare under penalty of perjury under the laws of the State of California that the 9 foregoing is true and correct and that this Verification was executed at Fairfax, California. 10 11 Dated: 8/28/2023 By: Fette Frieda Friedman
12 13 JACOB FRIEDMAN
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28
Verified Petition For Alternative Writ and Stay and Peremptory Writ Of Mandamus, Case No. 565241.1
Exhibit 1
PROJECT DATA SCOPE OF WORK
SSESSORS PARCEL NUMBER -CONSTRUCTION OF NEW TED-STORY NAN RESIDENCE. -CONSTRUCTION OF NEW DETACHED GARAGE M/ ACCESSORY ONELLIC UNET. (419) 456 - 9591
NEW REAR RETAINING BALIS C
DRAWING INDEX ASSOCIATES
42.13 =
AT.O PROPOSED PARTIAL SITE PLAN, SITE DEMOLTION PLAN, PROJECT DATA 293 SE
2.20655
11.28 DIVINE RAFAEL 2220
COORD OF SURVEY
ADO TONAL SPACES. OVE SITE PLAN SAN
ASCENT AT MATE RESCENCE EROSION CONTROL PLAN AND DETALS C. 457
WOOD LANE FLOOR ARSA RADIO PROPOSEC A GO! RACENT DANCI
2208 2 5090 8 = 1223 UPPER FLDOR/ CARACE/ ADU PLANS FREDRIC (415)
FLOOR AREA ALLOMED ECTRE PU RECTRICAL RANS
22,150 52 1 0.80 = 5.050 (TOMN COOE HEX. 3,500)
XTERIOR ELEVATICNS
XTEROR STEVATION
2303 LONG SECTIONS/ DETALS
Ar Mother posett TRUCTURAL CENERAL NOTES
11.53 %
DETAL.
SITE DEMOLITION PLAN BULDNG FOGHT ALONED
UPPER FLOR FRAMING
CAE 1/16* = 1-00 GENERAL NOTES STRUCTAN, DETALS ADU
1. IS COON OF THE CAT ON BEIN 0 0E S3L-1 SECON PENNE - S2 CREASED TO OCTALS T3A-3 MATOR MUSURES SESMYMYLIYAL AND
CALIFORNIA ELECTRICAL CODE.
CALTORRNA PLUMING COO. COGREEN CHECKLST RIEDMAY
8-2 CALCREEN CHECKUST CA 94930
ALIFORNA FIRE CODE.
2019 EDITION OF THE CALFORNIA TITLE 24 ENERGY EFFICENCY STANDAROS 79 e000
FARFAX, FORE C
NEW RESIDENCE
5. THE PROJECT IS LOCATED IN A MUI ZONE. SEE MILDLAN
6. TOWN ORDINANCE REQUIRES ALL ELECTRIC CONSTRUCTION
27-6
PROPOSED PARTIAL SITE PLAN, SITE DEMOLITION PLAN
PROJECT DATA
• anD LANS
APY: 092-052-03
MAIN RESIDENCE
13923 Fr
stone FinanCAOtAl • Sue Pines 8/23/2022 91323 a
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PROPOSED PARTIAL SITE PLAN
NOTE: BASED ON SURVEY AND CIVI DRANINGS PREPARED BY: IS ASSO ICIATES, INC. NOVATO DATED NOW. 10, 2021. ADJACENT STRUCTURES AND WINOW SIZES BASED ON VISUAL INSPECTION AND MARN MAP. SCALE: 1/8° • r-8* NO KNOWN EASEVENTS ON THE PROPERTY.
LANDSCAPE PLAN KEY NOTES VEGETATION MANAGEMENT PLAN
• N0 2° 10 CONG. PARIS, SPAGNE, AS NOTCO ON PLAN.
COSTINE COMOTIONS 95 ZONE (415) 454 - 9581
1) IN OCOCNTOSCO GRUNITE DINERAY PER CMA CAMARAGS. SED MANAGEMENT Zone 1(5.20' trem strustucea)
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PLANT SCHEDULE FREDRIC C. DIVINE ASSOCIATES
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o l.R. bihet
RECORD OR SURVEY
FOR REFERENCE ONLY
157
NOTES
2 L RETARE AN RE AN ONE MORE OSE NE
FAIRFAX
1-8 124 яLeс t35 -SITE
FLES 236 393 VICINDY MAP
10 KU R POSE IN 390
∞ s0 a * 05.
DETAIL B
373 | 372 371 DETAC 8
375 MAP NO. 3
352
351
GRAPHIC SCALE
LEGEND
SET CAN I OR CAN CARSE
• +
RANCEY IN-SILECT PROCTY
REFERENCES
SANY DE LAC
ACO DATA DEFE AND MARAO
@ IANS/NOONS DID / ON 2092-008170
@ VALMOZZA DECO/ ON 3002-027798
FOR REFERENCE ONLY
EN·T 000M
SENERAL NOTES
2. SEE MACE ARGIECON PLAN TOR ADDERONAL AFORMA TON
1 SCE VEGETATON KELACENENT PLAN AND LANDSCAN FLINS FOR ACUTOROL REDSHEDON * SEE CONCH CORT BE HERZOO CEOONICA HE SIMLL AR
• SITE
VIONTY MAP
LEGEND
HOW CONNHE TO CONCE
ASTRIT CONORETE
DISING FATE METEX
HERE FENCE ORANGE MEET
з ні DESRIC CONTOURS
NOT INE/
DOSAND LEGE OF FARENON
KUR 1E
"CARACE
MOTORARY ABER ROLL
-2n9- AT CAL CON
OUSED GROC
BUT CRAP 1P SUZ
POOLD ISTANC MALE
GRAPHIC SCALE
NOTES
BIRE FENCE 2 MORE DIES TEA IN IRO SAY A SCOR
I CONTOUR SERIAL IS 2'A5
• THESE MES NO EASENOVIS OF RECORD CEL SURECI PARCEL.
AREA OF DISTURBANCE EARTHWORK APERVOUS AREA QUANTITES A FUEL CMECK COMVENES 00-23-2022 5070 sr. DESIGN REVIEW
0 cx 37 cr. TES IS ASSOCIATES, INC
m cx a cr 10 CALL DENA, SUT: A SECAMe CA 96099-511) (8:5)883 8201 FAZ. (415)603-2753
FOR REFERENCE ONLY
6 cr
o cr. FRIEDMAN
29 AGOD LAME *5-10-2021
FANFAZ
SITE PLAN
EROSION AND SEDIMENT CONTROL NOTES:
362 MA DEE:
4 RI
369
" ARE SEEN DUE ENGROR I ME FELO USE ENCED AND SCOVENI COMATOE 371
9 OS 73
364-
cos. makes OVERAL STE PLAN
ELEVATION.
SCHEMIK CATC NEXT FENCE CETAR.
TEMPORARY FIBER ROLL INSTALLATION DETAI NOTES
2 PERICA DATE IS ISOLAD
I CONTOLD INTERNN IS D'A S:
& ONERE ARE NO CASEMENTS OF RECERO ON SURECT PARCEL
0% 2 1 3005 03
FOR REFERENCE ONLY
DESIGN REVIEW
ELS ASSOCIATES, INC
= 34L DANE, SIT a MOUATO, CA 34349-5717 (0:51682-SCCO FAX (015,381-2163
SOL GRASS SWALE DETAL
NOT TO SCALE FRIEDMAN
79 HOOD Al 15-10-2071
CALFORNEA
NOTES AND DETAILS
Pollution Prevention - It's Part of the Plan
Make sure your crews and subs do the job right!
Runoff from streets and other paved areas is a major source of pollution in crecks and the Bay.
Construction activities can directly affect the health of the Bay unless contractors and crews plan ahead to keep dirt, debris, and other construction waste away from storm drains and local creeks. Following these guidelines will ensure your compliance with pertinant ordinance requirements.
Vehicle and equipment Dewatering
maintenance & cleaning
operations
• Inspect vehicles and equipment for lasks
(recuerilly. Use drip pans te cotch lecks / House moler or dust control, irrigulion, Concrete, grout, and mortar antl repoirs are made: rappie leoks promody. or another on-sitc purpose to the greatest extent possible. storage & waste disposal
/ Fuel and main cin veticles on site only
in o sermed are se over a drip sen lhes V Be sure to coll the lacel Agencie's / Be sure to stare concrete, grout, and morter ander cover nad Materials storage & spill cleanup is big enough to preverl ruroff. Stormaster Monoger before dischorging weter coy 'rom drainoye anas. These materiois mus: never roch streume er votersoys. o a sireet, culler, or storm dron.
Non-hazardous materials management / Il you must cican veticles or equipment fatration or diversion through a acain, tank, or sediment trop may Wash out concrete equiprent/frucks ofi-sile ur in designeed un site, clear with water ocy in o te required. al-sile creo for washing unere woter wil be contained with impermeat'e * Senile, and covered armed rep sring e ed of or it ront is forces bermed crea thet si not allow ringerotce postic linec lemporary pit. Do rect e: the ecter seep kilo the sol. to run into gullars, streets, storm droins. /, arecs of krown contoninotion, testing is required prior lo "euse o Dispose of hordened concrete with tross aton i: is dried end hardened. v Use (but don't orrune) restinad water fo- dus: contre us nonded. o crosks. Eschorge o! groundeolm. Consull with the Locol Agency lo determinic what testing lo do ond to interpret results. Conterinaled groundwoter /ll c suitable dirt crea is rol Swep straeis end other paved gruos dody. Do not wash conn streets or work ~ Do not doen vehicles or scuipmen: on-site ovalleble, collect tha sind. read with woter must be trected or houled ofi-site for proper E'sposol using sooss, solvents, degreasers. moter underterre it for Racycon all asphalt, concrete, and aggreyate bose material from. derrolition steam deaning equipment, els appropricte disposa off site. ectivitien.
v Creck dumpater requiarily for looks ard to make surn lley don't overlow. Saw cutting V Divert woter from washing Repoe or rep'ace lecking cumpsters properly: Earthwork & contaminated soils exposnd aggregate concrete • Muoys compinleiy cover or barricude storm drain inals ehen so culting. lo o ert are where it will Keep cravaled sol on the site atere it Is lecat Feely io colect in the streat. Usa fller febric, hat bols, sond bags, a line grovel doms to keep slurry not run into o quiter, atroc.
Hazardous materials management Transfer to dump trucks should loke pluse on the site, not in the street. out of the storm dicin sysiem. or storm drain. If a suitoble Use hay bales, sit fences, or other santrol measures to minimize the fica of Shovel, assors, or vacuumn ace-cut slurry and sick up all winle os soon Set creo is net avolcbic, Rter he wack saloe shrous has
si: off tre site. as you are Snisses in one locotion or ai the end of eact wack day cforet ruouletione (michever is soonert). scies oclore dischorging to o V Avoid seneduling eurth moving octitics storm disin.
v Siere hazardous materials cac westus in secandary contoinment ond cover during the rainy secson if presible. if VIl sue cut slurry anters o catch basin, cleon it up inmodiolely. tigm during we: weather.
grading aclivilies during set weather
rEd'on manufacture's appicution instructions for hazordous mulerials one be are allowed in your permil, be sure o Paving/asphalt work some not to use more than necessary. Lu not apply chamicals cutdoes stor implement all conid reosures necessory an is forecast wika 24 horas
to prevent erosion. Painting
v Be sure to arrange for approarioto dissons of all hezardous mostes. / De not pow curing mel weather or when - Mature vegetosion is tho best lom of - Never rinse poin: brustes o erosion contra. Vinimizo disturbance to roin is forecost. notarias n a guiler or street.
Spill prevention and control execting regetation wherever possibie.
V Nacys cover sterm drain inleis ond mor-
VIl you dslurb a slope ding construstice v Paint out excess water-bored v Kens u stockpile of spill cleariup meteran froçe, absorbenta, e!c.) evalloble holes aton poviry or applying sool cnet. poirt selore rinsing trusties, et the construction sile of all times. prevent erosion by securing the soil with tock coot. stury sed. or laç scal erosion control loxic, oe seed with fost- rollone. de cuntoners in o sink.
Athen spils me leoks occur. confair. them immodotely ad be serticularly core- Place dio pena or descrum: moteriol un- If you con't use o sink, direct to mean: lacks and solle trom rogshine lhe suiter, street. or storm doin. growing grosses os soon 03 possible. Place ween water to o dirt are and vy bales dovr.-sose call sod is seare de paving equipment alier not in use. to sevent trusion. spade il in.
Resar: any tozordous eroscric noits to the oppropriate ogencyls) inmedfeley * Do ma dran or crecha Chic as and ten at done late gutters. ll you suspect contamination (trom aito history, disco oration, coer. texture. •Poin: out excess ci-bosed poist belore clearing brushes in abandoned underground tanks de pipes, or buried debris), eet the Lood chinner. gency for hels in determining aho! testing should ke dese Do not use wotor la wast cown fresh asstall concreto poverent. Filter paint thinners and sovents fur reuse shenever possible. / Vonage disposal of contemineted soi eccording to Locol Augensy instructors. Dispoon of oil-bosed polat sludge eno unusabie thinner us hozarcous weste.
Storm drain polluters may be liable for fines! IS ANSSOGIATES AN •CAu cEr. SUMA BOYarC. de 91169-3317 (415/90-8000 FAC (492706)-2783) *o: more detoled information, conloct Ine Stormoter Murager of the appropriate local agency.
FRIEDMAN
79 4000 : лЕ 11 10-307
FOR REFERENCE ONLY
FASPFAX
BEST MANAGEMENT PRACTICES
FLOOR PLAN KEYNOTES NO RE AN E A ME SEAT, CHACE PROM RESONCE
ASEMENT BATTERY ENERGY STORAGE SYSTEM
EIDHEN ISLANG, CASCADEX, MAD COUVERTOP TO BE SELECTED BY UNCER NOR CEM SPACE ACCESS FRONDE MAN 15 2% OMN; THROUD 1 94 d5. - 9581 POP XW PRO • LOAN CUTE T SINCE /COMECT FOR MAN BESENCE SO MARCL XI PRO
I 1D0 AND ELECTICAL SERACE V/OSOCHRECT FOR ADU DIVINE ASSOCIATES fox
42) BATHROOM ER-RUST FAN TO BE SO CAN
I vi
VOUR-DUCTLESS (ASPY B2. SCOR S4, CER/CECR 11.1)
ATLAS LFP ATLAS LFP 1) MESOCARE CARDR AS SOLECTED T CAME SEE DALET ARE FOR RECONDARY
ATLAS LEP ATLAS LEP
12) AN) STURMAT A FASORDE PER CELLL A/ARO
O 4ai i
IRE033: > 79 VOCO LANE - FAIRFAX, CA 94930
SOLAR BATTERY LAYOUT 30W/ BACKDOUT CAPTA
BOHE NTS Tamel inebrissad • IMPOSED GASS SICAR DACIGURE OR SCREA 1 MART IN CANETS
NALL LEGEND 062-03
I LAUNDRY GRAY WATER DETAIL COBY FRIEDMAN
(N) 246 STUD WALL T9 WOOD LANE
(N) 2x4 STUO WALL
NEW RESIDENCE AND
N) 2x6 LOW HECHI
16 - 10
5-0°
PROPOSED MAIN FLOOR PLAN PROPOSED BASEMENT PLAN
_ SEAM SPACE 2 SPAM SAS.
5-2
1504900
NORTH NORTH
PROPOSED BASEMENT FLOOR PLAN PROPOSED MAIN FLOOR PLAN
BASEMENT FLOCR AREA 469 SF SCALE 1/6 - 1-5 WAN FLOOR ARGA A2.1 A2.2
CAPACE FLOOR AREA 8 IIO0A0O NOSE CROX
PROPOSED GARAGE PLAN
I MADEO CLASS DONE DELOSURE CE SOREN
HOUSE VONTLATON SYSTEM). CALGAEDN f4SOS1.)
→ (N) MI COMPARE DECE SURNACE.
To my guy on no a
CRAWLSPACE 10-8
1) BATHROCA CORUST EAR TO BE SO CAN.
1 OR 1O EEL SOME MOSCARE ON MAN ARSONCE IN RANC
• LOCE NOR CERA SPACE ACCESS PROVE MA. 1E2E CHURC DECIDI
PROPOSED ADU PLAN SLOW LON HEAT
PROPOSED GARAGE PLAN PROPOSED UPPER FLOOR PLAN 'N) Z00 SIVO MALL FLOOR PLAN KEYNOTES (N) 2x5 STUD WALL
WALL LEGEND
ONE 1/5 = 1-5 PPER FLOOR AREA
ADU PLAN PROPOSED PROPOSED UPPER FLOOR PLAN
NORTH NORTH
NEW RESIDENCE AND
ADU
19(5) 5, 90 or 95) 454 - 9581 FREDRIC C. DIVINE ASSOCIATES ARCHITEC T S
ELECTRICAL/ MECHANICAL NOTES
EXTERIOR LIGHTING SCHEDULE - COME ME ONTOLD TA MORE BE A DE SIT AT OS NO ONE SEN EASE CIONS OF Symbal Label MANUFACTURER/ MODEL LAMP TYPE
JOHN TIMBERLAND WESTLEF 1900K, LEO NALL MOUNTED EXTERIOR DOORSI ELCO 6 RECESSED SOFFIT UGHT
NTERIOR LIGHTING AS SELECTED + 66*
12. NOT USCO
ALL EXTERIOR LIGHT FIXTURES SHALL BE DARK SKY COMPLIANT 11 NECHANCA CRAFT VORTS (OOME TUX CARECT VONT) MUST SERVRATE * LAG TET RON E MORO ALY OR I FOOT ANONE ME DO A CROWELE MOON CE ME MET.
MECHANICAL/ELECTRICAL PLAN SYMBOL LEGEND BUT BEING A 10 IN BRUNE 0Z20 - OLE ALL TENS (N) Lax. RECESSED LED LOT FORTURE. (N) LED BAB AS 0E) FOCURE MP. VEERE OCCURS H 10 OUPLEX AECEPIACLE AS -18° AFF. UON. VOLL-BOUNTED VON RITAL. 22222 (SIP)
I A BON HE HE LEONE LATE, A S VE 1S AS 0 ME RETROS SAL HE LATES AS PAPA SATCHED I1O% DUPLEX AEOUPTACLE A: +16" ASS. UON. 2OD TAOX VONING NATUAL, NOLATED TO SCE OF (C) BENE 1 ро со а та сти то вітри мо й но стет слит, т і сій с вістія Pucu '. CARED A NOTE A FEE ON S A SEE A NE ON ONES IN OrK ON MeAl EN TO BE SO OF OR BOR MILE A MAT AKI SANCE S USE THE 6. MESSES LAS VALVE, HOCHT FER APLANCE MAURACTUROR'S SPECINCATORS.
DONE DETECTOR, HAGO-MINED ANO AIDICORRECTED TO ORACE UNES.
MOOM VONCROE DETECIOR, MARS-MACO ARO INERCOMECTED TO CONDE UMIS ' MADON SAI DO SEAT -AR CROUPS TO RICE, BACATAST ACON NO CRE SOONE 20-ANO CACUT TO
MION VITE VACANCY SENSOR
MIDI VID NOTON SONIOR. NOX INDI RODR (ADONE ONCE AI EATERIOR LOCTIONG). 19. AT LEAST CAC J-ANY CORONER SATON. DOC DISING TO SE MELOCATO. 20 HOUR A CO SEE MY GEE IT FORCIS FOR CA SINCE E CLICH ORGAT SARATA, THE 70D) CHENCE ESPOSAL AT UNDERSOE OF MITCHEN SAR TE MARCH COSTNE ON CITES ONE MOTO 04676
50-290-200
PIMP TAI, MOTOR COATIOLLEE AND SUPFLEMONENEN
NEW RESIDENCE AND
SOME TYIN
JUP PUNY
LOWER LEVEL LIGHTING &
CRAWL SPACE CRAYL SPACE
BASEMENT LEVEL ELECTRICAL & LIGHTING PLAN NORTH NORTH
MAIN FLOOR ELECTRICAL & LIGHTING PLAN
A2.3
& ELECTRICAL PLANS
1 95 45e - 9581 ADU & GARAGE LIGHTING A2.4
FREDRIC C. DIVINE ASSOCIATES VAN GREEX CONVENES.
ELECTRICAL PLAN
HITECTS R NEW RESIDENCE AND ADU UPPER LEVEL LIGHTING &
ORTH
CRE 1/2. 1.0 SCALE 1/E = 1-0*
CRAM SPACE
ENTRY
ADU ELECTRICAL & LIGHTING PLAN 5) GARAGE ELECTRICAL & LIGHTING PLAN * GUNG
lydrauSe Applicatic
H
UPPER LEVEL ELECTRICAL & LIGHTING PLAN RECENTL
HOR HPA A 15 b !!
PROPOSED EXTERIOR FINISH COLORS
ASC STRATA RE SLATE GRY WILDLAND URBAN
INTERFACE REQUIREMENTS 5) 456 - 9591
LINES MARGE SCAR PANTO BENUAN MOORE MC-13 WATERBURY GREEN' MINUTES WHEN TESTED ACCORDING TO FNPA 257.
SANTED DENN MORE OC-1E CEDAR KER SAN R220E For: 19)
ENERGY EFFICIENCY ARCHITECTS FREDRIC C. DIVINE ASSOCIATES
REQUIREMENTS
902 CASSAN SH OF OF IS OF
ALK VETN 192 (75) 657 (415)
EXTERIOR LIGHTING SHALL BE DARK SKY COMPUANT. Phore:
TEMPERED GLAZING REQUIREMENTS
1. NO MAN NO FEE OR CARE OF DON
2 SANE AND BED DOE PANES OF SANING. 00
7. MESS A BO INCHES A TO SHE KING SURE GAING IS
M0 CUSE 11528:
RESIDENCE AND ADU 79 WOOD LANE 002-062-03 FOR: COBY FRIEDMAN
RESIDENCE - NORTH ELEVATION
SORE: 1/6 - 1-0
Heck nor an A-ll NEW
15-6° MAL CARACE N0O)
C0001 30151
EXTERIOR ELEVATIONS
1-1S83 CAC: 2142
12307
mail few Faefaules • Demon vog. 4/73/2022 9 3234ш
GARAGE / ADU - EAST ELEVATION RESIDENCE - EAST ELEVATION sONE: 1/5 = 1-0*
1 A3.1
1856 - 9066) *02 NoS,
15225+.
COON ENO
(73902
G TRELLIS DETAIL A GARAGE / ADU - SOUTH ELEVATION RESIDENCE - SOUTH ELEVATION кас 3/6 = 1-0°
1121.
8122222
RESIDENCE - WEST ELEVATION 19343.00
GARAGE / ADU - WEST ELEVATION
132
A3.2
A4.1
KNE: 15 = 1-0
GARAGE/ ADU SECTION A-A BUILDING SECTION A-A
= 1.64 S.F. (237 S.J.) REO'D. = 3.14 S.F. (452 S.1) REO'D. - 2.98 S.F. (478 S.I.) REOD.
1 20-0 SE CLAM SPACE AREA, TECH SO SF. 15-0 × 22-2
4 ster
EOUNDATION VENTING USE MECHANICAL VENT SYSTEN AT RATE EOUNDATION VENTING toastsoes Sect deg 6/23/7027 93955 A
M BEDROOM GREAT (ROOM POTENT
CRACK: 8010(0x
ASU • 105 02252
BUILDING SECTIONS
- 2 sC. 062 50) 000
SOU ATTO MONTING
ROOF CATERS
FOR 007 RETAINING WALL DETAIL
002 NEW RESIDENCE AND ADU
SCAL VE - 1-5
ROOF DECK DETAIL LEDGER DETAIL RAILING DETAIL
SINO REL BELON
NOP OP10 INS TWE
1 50 0 16 ос "
> RETNOCO FASCA SON покол
A
1924 POCKIN SI
457 WILL FRANG ABOVE
SAN RAEL. FREDRIC C. DIVNE ASSOCIATES RCHITE
• CORE F0304
615)
·4901 2eS RONO CAP
C
MINE MA DETAI
T
454 - 935: ARS CAR 31.
S
" no so.
BELONG FOOTPRINT
E C T DIVINE ASSOCIATES SEN RAEL OK. (419 451 - 959:
Mor cockt
3:12
SLOPE I T
0220
ENLARGED DETA.1.. (NO COLD SINGLES
3:12 ADOR SHEET-RIC PER STRUCT CMOS C.
C
FREDRIC (415)
4 CANT SIRP.
1/4 ACONC CANT STAP
ROOF CRICKET-
TASCA VENSURED TRON DE PROUCCTION
COMENT BORRO SORTE -OSA SOFFIT VENT
• COMONT BOARD SOFTE
ROOF PLAN
ONE 1/8 = 1-0
ROOF DETAIL EAVE DETAIL STAIR DETAIL ADU
{SOUR PY MODULES SHALL 94930
NOT INTERFERE P.T. SUL PL 002-052-03
W/CLEARANCE OF ANY PLUMBING OR MECHANICAL 79 #000 LANE FOR: COBY FRIEDMAN 100201 100 1001. Presco: ssa. FAIRFAX, CA
NEW RESIDENCE AND APN
INSULATION SCHEDULE
2-30 SPRAY FOAM
2x6 WALLS
ROOF TOP SOLAR PANELS
STONE VENEER DETAIL WEEP SCREED
SCAR I = 148 sore r = 1.0
+13725 g
BUILDING SECTIONS
HALL
GREAT ROOM
Y-00-3091
19049.00
OVIE
BUILDING SECTION C-C BUILDING SECTION B-B
A4.2
ONE 1/5-1-0
PROJECT DESCRIPTION REVISIONS
122-06-21
NEW RESIDENCE, NEW GARAGE, AND NEW ADU.
PROJECT DIRECTORY
OBY FRIEDMAN
Inc.
ARCHITECT: FRED AG ONE ARCHTECTS
SAN RAFAEL, CA 94901
LAURAD tmo, [email protected]
TXVINCAROCIECTS COV
* PARO DEIS MI OSCAN UP. ADO CHE ASCICHUR AIST UNCER AL PARKLE. 415-457-0220 Suite A-129, Son Rofoel, CA 94903
STRUCTURAL/OVE T MOUNT LAST DRIVE
ENGINEER:
EASTER * CURS ONESE NOR-CA-CASE SHAKE MAN A MINUE TRONESS OF A ' SUTRO DATES MONOTONE ONE CRANES SUKI DE Darius Abolhassani Consultant & Associates Consulting Engineering & Construction Support Drive. (415)499-1919
1 samn a mr stok not a read
7 Mt. Lossen Phone:
SHEET INDEX
PEON ASPECIES AND CCNSIIUCIONL ORATOR A MIC MESH SHALL CONTRA MIN ASTV 1180-14
AS FELORENSE NOID, WANTAN COVERUE TO PACE OF MINORONG BURS
LAIN FLOOR FRANING PLAN
S-12
POSTS, ORANS, MEADERS DUALL BE IA CR OCTER S-34
S SUALL DE EE OR BETTER, SUMFACE CAT.
Be 10033
* Д ГОЛОН нО ДЕСАНА ВА ЖИХ ЗНА СОМАТ МІН ЗНА СІС
CRABASS AO CHARA
• CESON CORECANS TO DIE 301A CEC NO AL NEPUCHAE LOCH CRONINCES NEW RESIDENCE & ADU
2. CESEN MERICAL LOAD
FAIRFAX, CA 94930 PROJECT APN 002-062-03
1. DESON LATERAL LOND 79 WOOD LANE
. PARCEL MAP.
STRUCTURAL GENERAL
NOTES
2022-01-08
• CONCRETE SULL BE AS FOLIONS (URESS OMENISE NOTD)
LOCATION 28 DAYS STENCH COREGATE (ASTA COP 1477-18225
2LA9 ON GRACE
не і нех
S-1.0
1000 Pg на. X° нех
a 12 SHEET
REVISIONS
122-06-21
WALL AND FOOTING LAP SPLICE SCHEDULE
10 cH
1- 2 (0° (a0) -
STANDARD 180" HOCK STANDARD_90" HOOK 30° HOOK EMECD (NOYES) 10 11 1e 17 20 22 25 28 31
31D 07 HOK LAP SPUCE LINCDN (NOES)
15 2 21 4 55 6 Y NSX DE6
DOC OF OPORNO
RO D0 59++ bmn connecanssacaes nos
SP SPUSI
MREL AMBE MATE C. MENCORCNO ACONS SENO Darius Abolhassani Consultant & Associates, inc. 7 Ml. Lossen Drive, Suite A-129. San Rafael, CA 94903 DES AND STRRUPS (FESET Consulting Engineering & Construction Support ANS PAON DI SE URD FOR SHOSRERE.
(TYP) REINE, HORIZONTAL BEND . (TYP) STEPPED FADTING / GRADE (TYP) REINFORCEMENT LAP SPLIC....
STANDARD REINFORCEMENT HOOKS.* & HOOK EMBED Phone: (415)499-1919 & BENDS
SOR COCATE LOCARKRO SEE WOL MEY COCUR BE
; n,,"'" O- npe
BELOW BOTIOM T HOTTOV RERAN
L° KEY X 18/2 LONG
HOP SE UE MACO BOTO REBA
SIEK
K ≤ 24
IYPICAL PIPE AND TRENCH PARALLEL TO FOOING
BFE PERPENDICULAR TO FOOTING
(TYP) CONC BEAM CONSI JOINTS. (TYP) FOOTING KEY
(TYP) PIPES ADJACENT TO.
FOUNDATIONS NEW RESIDENCE & ADU PROJECT APN 002-062-03
sx 10-0
1. SAD FOR CONTROX JANT OR O 20100 UeX FAIRFAX, CA 94930 2 CON H M PU CON OTA O 79 WOOD LANE
" COMEOE TRANE P MNP BERALS NO ENCAONA SHOLO E FOLACATON VIAL
STE ORADNO
RISENOE SHAL DC GESERIS ANO AROVED BY DE OYENEE N
SOTEN TNS OP PEDOET STRUCTURAL TYPICAL
4. SAQ. TO CONTIN VATIRPIOOFNO & INSULATON OETALS. DETAILS
CORE ROE LERETTO CH - DIPICAL CONTROL JONI SITE GRADING TANTa
ex. Nº'-or 2022-oe.ce
RA-OK-ORASE RESAX muc al x SIc
• PLE NT OR TOMDO REKARE CAR KAY OC FOOACATON VALL
PMOR SRAS peNon pr:
• SOR SONAT QA AT AST HS 100
YP CONTROL & CONSTRUCTION JONI re w.utce 147)-0822 S
COMPACTED CETRNS LASS E 1. SAD, TOR RSE ANO PUN ONOYSONS SITE GRADING SHEET 2
(TYP) SLAB-ON-GRADE. (TYP) S-O-G JOINTS (TYP) CONCRETE STAIR ON GRADE.
S-1.1
REVISIONS
SHEAR WALL SCHEDULE
4S SADNED NAUNE POS 2822-06-21
HEATHNO EDOL XAL. (ON)
(A 30)
or • 120c
s/re arroc Wat re коо
SCERAL 1 100 • 12°ac
870 PU
2-9060 1/2 5/8 • orac
WINT
SIT MALFACTURORS SPEONCATONS
HOLDOWN/TIEDOWN SCHEDULE
ALDOWN ANONOR Darius Abolhassani Consultant & Associates, Inc. Consulting Engineering & Construction Support 7 Mt. Lossen Drive, Suile A-129, Son Rofoel, CA 94903 Phone: (415)499-1919 Email: [email protected] 5100 TO POR
2,470
(TYP) WALL FRAMING DETALL....
(TYP) HOLDOWN/TEDOWN SCHEDULE.,
5 - CDOE NAL INTO
CORNO STAC
MORTSRONE
- NO PER SOMED
OST PER PLAN
с нас
ORNER
(TYP) WALL INTERSECTIONS.
нато мі
O-
(TYP) SW WITH OPENING < 16'x25". (TYP) SW WTH LARGE OPENING .
NEW RESIDENCE & ADU
NTERIOR WALL PROJECT APN 002-062-03
FAIRFAX, CA 94930
(TYP) WALL SECTIONS 79 WOOD LANE
PLAN VER ELEVATION STRUCTURAL TYPICAL
(TYP) TOP PLATE INTERSECTION DETAILS CONTINUED
DIAPHRAGMS NAILING SCHEDULE 2022-04-05
HEADER SCHEDULE
FELD NAL COOFVALLE
AS SNOR
1/2 ATH 10e o :20c 840 ALF
• нівосе 1479-0822 g
10 85
SHEET 3
8-12 (TYP) SILL ANCHOR BOLT LAYOUT.. (TYP) NAILED TOP PLATE SPLICE. (IYP) SINGLE OPENING FRAMING W/_ (TYP) DIAPHRAGM NAILING DETALL... S-1.2 HEADER
REVISIONS
2022-08-21
SEX NO C. ST PER PLAN AST PER PLAN
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RESIDENTIAL GREEN BUILDING STANDARDS
MARIN COUNTY 2019 CALGREEN CHECKLIST MARIN COUNTY 2019 CALGREEN CHECKLIST Tier 1 Standards for Residentiel New Construction Tier 1 Standards for Residentia/ New Censtraction E DIVISION 4.1 PLANNING AND DESIGN
5 R0 Foc (9)°+
OF A BARRER SYSTEN, WAILE. OR OTHER APPROVED SYSTEM.
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2. STE GRADING OR ORANAGE SISTEW WILL MATUICE ALL SURFACE WATER FLOWS TO KEEP KATER FROM ENTERING BULDINGS (SMALES, MATER COLLECTION, FRENCH DRANS, ETC.). .. Civi Ote Mian Craming 1
27. MONSTRU TOR STE RCA RINT SONGTER SOURCES OF MOST RO THEE coso val yss.ArissEl slas 1 STANA S S CS 12 -7 AN 12E2 FOR ODUEA SRONG NERCY EMOENCY :se graing ce a cranegs tyliech all 28 MONSTRA TRI STE DA RAE AO INER STORES OF MESU TO THE
4. INGOOR WATER USE - VERIFY WATER CONSERVING AIXTURES ARE USED (WATER CLOSETS ' LIC UM BISUATO - RSIALCD THEOMK RSULANCN SHALL COWPEY WITH . Cwi Now
CPC $403. $408.
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Lest Updat: Februy 12, 2021 Lat Upsied. feceuy 12.3821
0. ADHESMES, SEALANTS AND CAULKS SMALL BE COMPLIANT WITH VOC AND OTHER TOXIC COMPOUND IMITS.
11. PANTS, STAINS AND COATINCS, SHALL BE COMPLIANT WITH VOC UNITS. 12 AMIS O P ROC ANO OTHER TORC CO OUN GE COMPLET MITH PACOUCT MIKATEO MR MARIN COUNTY 2019 CALGREEN CHECKLIST MARIN COUNTY 2019 CALGREEN CHECKLIST Tier 1 Standards for Residentioi New Construction Tier 1 Standards for Residentia/ New Construction
4. 1032 Site Seiaction (ELECTNE) Consent, oun (300s keo WinnU IELECTNE) - Hat wotr reitulten mpums r:
1. OC EA USE SHAL DE PRONOCO TO VEREE THAT COMPLANT VOC UMT RINISH MATERIALS M. 1S4 Sca Piveroion (ELECTIVE) Cuper Wate lle (FLECTP)- Rorwas colinan syaie L
14. CARPET ANO CARPET SYSTENS SHALL BE COMPLUNT WITH VOC LIMITS.
15. 80% O5 FLOOR AREA RECENNG RESIUENT FLORINC SHALL COMPLY WTH THE VOC EMISSION AL.139.1 Docudrstion and Pause ef Ellasog Kees (ELECTIE)- Ouma l1 JITS ESTABUSHED IN COC $4.504.4. Mose bao (E spoсN)...
VISION 2 9 WATER FEEICIENCY AND CONCERVATION
TER 2 TOR OF RESUM ROCRNC FOER ASCA SAL COMPL MITH NOC ENSON UMTS A.12S.1 Derunattion and Reuse of Esietng MeeCos (ELECTIVE) Rurso eé murn-ao : 2019 CalGREEN CHECKLIST den sant néveneo jf spécient.
16. PATROR FANSI SISIN SHUL CORY AO LOM FOO MOMDE CUSIO SIAN ROSE A. 1066 Sile Develooment (ELECTVE)- Viguzo mal 5
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CASARE OF AUSTEN BETEN A RELANCE HUET OA ELE SOE TO A MATASN OF BOE kA: Al sre, Pe mye)l c briet vne Tolt Conled a Ae Satal eds
20. POLONI NSA SIZED ANO DESCNEO AND EUIPNENT IS SELECTED USING THE 1 SAASE 2712 Comello l Nis?
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21. HANC SYSTEN INSTALLERS ARE TRAONED AND CERTIFIED IN THE PROPER INSTALLATION OF Kkkkkk INAC SYSTEMS. M1. 3814 Indoor Water Use (ELEC TVE) Ne raster urtas and wateess toles 5 Pae: eimen menes (ü Aysücal Coer Buldng Ricke Me. 4-06-202> Leit Updeied: Tetrany 12,222) Lae Voerst: Ternary 12. 2621 ta Meles STANDARDS CODE HAVE BEEN IMPLEMENTED AS PART OF CONSTRUCTION PER COC $102.3.
23. OCMPLY WITH LOCAL WATER EFFICIENT LANDSCAPE ORCUANCE. 19042.00
24. INSTALL ENERGY STAR APPLANCES.
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RESIDENTIAL GREEN BUILDING STANDARDS MARIN COUNTY 2019 CALGREEN CHECKLIST MARIN COUNTY 2019 CALGREEN CHECKLIST Tier 1 Standards for Residential New Construction Tier 1 Standards for Residentiel New Construction (495) 45t - 9581
1. SESS THAN ONE AGRE O SOL SHL RN E STRE MATE RAAS DUCH DOSTAM 27 MONSEL PRT SITE RCA RANI AND OTN SOURCES OE MOST 10 ME
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10. COMPOUND SLANTS AND CALES SHAL BE COMPANT WITH VOC ANO OTHER TOXIC RESI
11. PAINTS, STANS AND COATNCS. SHALL BE COMPUANT WITH VOC LMTS.
MARIN COUNTY 2019 CALGREEN CHECKLIST MARIN COUNTY 2019 CALGREEN CHECKLIST NEW 12 AEIS OR ROC AND OTHER TORE CO SUNO SE COMPLIT MITH PROUCT MECHTED MR Tier 1 Standards for Residential New Construction Tier 1 Standards for Residentin! Now Construction n VOC and otter endo CI MT Fae baten dhofl to ise th dha bn
13. DOCE NEEN USE SHALL DE PROMOED TO VERUY THAT COMPLAVT VOC LACT FINESH MATERNUS
14. CARPET AND CARPET SYSTEMS SHALL BE COPLANT WITH VOC LIMITS. Noe *11
15. 80% OF FLOOR AREA RECEMNG RESIJENT FLOORNG SHALL COMPLY WITH THE VOC EMISSION MCNes MIR Ure beree daneleas
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Exhibit 2
TOWNOF FAIRFAX PERMIT# BID220: 1G
142 Bolinas Road, Pairfax, California 94930
(415) 453-1584 / Fax (415) 453-1618
CONSTRUCTION PERMIT APPLICATION
2b - OWNER-BUILDER'S DECLARATION
#1 IDENTIFY YOUR BUILDING PROJECT 1 hereby affirm under penalty of perjury that 1 am exemp: from the Contractors' State License Law for the reason(s) indicated JOB ADDRESS: below by the checkmark(s) I have placed next to the applicable 79 WROK LANE items) (Section 7031.5, Business and Protessions Code: Any city or county that requires a permit to construct, alter, improve, This permit is to be issued in the name of the t Licensed demolish, or repair any structure, prior to its issuance, also Contractor or A the Property Owner as the permit holder requires the applicant for the permit to file a signed statement of record who will be responsible and liable for the that he or she is licensed pursuant to the provisions of the construction. Contractors' State License Law (Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code) or that he or she is exempt from licensure and the basis for the alleged exemption. Any violation of Section 7031.5 by any applicant for a permit subjects the applicant to a civil Mailing Address: 96 FORREST AVE. penalty of not more than five hundred dollars ($500).) City FAIRFAX _State CA Zip 94.930 I, as owner of the property, or my employees with wages Description of work to be performed: as their sole compensation, will do () all or or () portions of • LONSTRUCTION the work, and the structure is not intended or offered for sale OF NEW
(Section 7044, Business and Professions Code: The Contractors' 1,208 ST 2 Stein Resintanate. State License Law does not apply to an owner of property who, With 400 SF DETACHED GARAGE through employees' or personal effort, builds or improves the AND 500 3F ADU property, provided that the improvements are not intended or offered for sale. If, however, the building or improvement is NeW BEAR, RETANINE WAU sold within one year of completion, the Owner-Builder will have the burden of proving that it was not built or improved for the purpose of sale.)
Y, as owner of the property, am exclusively contracting with licensed Contractors to construct the project (Section 7044, Business and Professions Code: The Contractors' State License Law does not apply to an owner of property who builds or improves thereon, and who contracts for the projects with a Additional Square Footage: licensed Contractor pursuant to the Contractors' State License Law.)
Valuation: 5200,000 () I am exempt from licensure under the Contractors' State License Law for the following reason:
#2 IDENTIFY WHO WILL PERFORM THE WORK
(Complete either 2a or 2b)
2a - CALIFORNIA LICENSED CONTRACTOR'S
DECLARATION By my signature below I acknowledge that, except for my I hereby affirm under penalty of perjury that I am licensed under personal residence in which I must have resided for at least one provisions of Chapter 9 (commencing with Section 7000) of year prior to completion of the improvements covered by this Division 3 of the Business and Professions Code, and my permit, I cannot legally sell a structure that I have built as an license is in full force and effect. owner-builder if it has not been constructed in its entirety by Contractor Name licensed contractors. I understand that a copy of the applicable Tel No: _ law, Section 7044 of the Business and Professions Code, is Mailing Address: _ FURREIT AVE available upon request when this application is submitted or at City - FARFAX 94920 the following Web site: http://www.leginfo.ca.gov/calaw.htm].
License Class and No. FR 80: 917497
Property Owner or Authorized Agent Signature:
Contractor's Signature:
Date 3/23/23
Agent
#3 IDENTIFY WORKERS' COMPENSATION #4 DECLARATION BY CONSTRUCTION PERMIT
COVERAGE AND LENDING AGENCY APPLICANT
WARNING: FAILURE TO SECURE WORKERS' By my signature below, I certify to each of the following:
COMPENSATION COVERAGE IS UNLAWFUL, AND
SHALL SUBJECT AN EMPLOYER TO CRIMINAL I am a California licensed contractor or U the property PENALTIES AND CIVIL FINES UP TO ONE HUNDRED owner* or U authorized to act on the property owner's THOUSAND DOLLARS ($100,000), IN ADDITION TO behalf**.
THE COST OF COMPENSATION, DAMAGES AS
PROVIDED FOR IN SECTION 3706 OF THE LABOR I have read this construction permit application and the CODE, INTEREST, AND ATTORNEY'S FEES. information I have provided is correct.
WORKERS' COMPENSATION DECLARATION i agree to comply with all applicable city and county ordinances and state laws relating to building construction.
I hereby affirm under penalty of perjury one of the following I authorize representatives of this city or county to enter the declarations:
above-identified property for inspection purposes.
U I have and will maintain a certificate of consent to self- California Licensed Contractor, Property Owner (Requires insure for workers' compensation, issued by the Director of separate verification form), or Authorized Agent (Requires Industrial Relations as provided for by Section 3700 of the separate authorization Form).
Labor Code, for the performance of the work for which this permit is issued permit is issued. Signature Dale 8/4/2222 ( I have and will maintain workers' compensation For Official Use Only insurance, as required by Section 3700 of the Labor Code, for the performance of the work for which this permit is issued. My BUILDING...... 6020,00 workers' compensation insurance carrier and policy number are: ELECTRICAL.
Policy No S:402Y Exp. 4/21/23 MECHANICAL.
Tel No
PLUMBING...
" I certify that, in the performance of the work for which PENALTY FEE........... this permit is issued, I shall not employ any person in any PERMIT RENEWAL FEE..... manner so as to become subject to workers' SUBTOTAL #2000 108924922500,02
compensation laws of California, and agree that, if I should PLAN CHECK # 2035 8392,49 become subject to the workers' compensation provisions of PLANNING FEE # 2030 Section 3700 of the Labor Code, I shall forthwith comply with STATE SEISMIC FEE # 2015 65:00 those provisions. PLAN RETENTION FEE
# 2020
ENGINEERING # 2050
DECLARATION REGARDING CONSTRUCTION LENDING
BUSINESS LICENSE # 1300 550.00
AGENCY
I hereby affirm under penalty of perjury that there is a GENERAL PLAN MAINTENANCE 5% of Building Permitfee over S10,000 # 2002 301,00
construction lending agency for the performance of the work for which this permit is issued (Section 3097, Civil Code). TECHNOLOGY IMPROVEMENT Lender's Name and Address: 5% of Building Permit fee #2003 301,00
INFRASTRUCTURE FEE
5% of Building Permit fee #2004 301.00
ROAD IMPACT FEE
y9 LOCOD LANZ 1% of total project valuation for # 2027
projects in excess of 55,000 5,000.00
STATE GREEN FEE #2028 20,00
TOTAL FEES DUE$ 20,950,49
This permit SHALL EXPIRE 180 days from the date of issuance.
You may extend your permit by written request to the Building expiration; no Official for an additios 1 be desis drio nore out ermi. permit shall be extended more than
(Authority: CBC Sec. 105.5))
Planning: Date:
.......
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Exhibit 3
FAIRFAX, CA 94930
I WOU CANC AND GARAGE PLAN
el. 415-310-6442
GROUND FLOOR
SUBMITTED BY : COBY FRIEDMAN FRIEDMAN RESIDENCE
GROUND FLOOR PLAN
[621 SF
BASEMENT PLAN
- Mos
DECK
ACOROCA
LAUNOR
GROUND FLOOR PLAN
15-0 I SINGLE HONE
ELE 126.30
BATH BATH
BEDROOM
JADE
ROOF 440 S
15-8
-88 5-3
ONTIN
UPPER FLOOR PLAN
FRIEDMAN RESIDENCE SUBMITTED BY : COBY FRIEDMAN
PLANS - GRID Tel. 415-310-5442
79 WOOD LANE Email: [email protected]
FAIRFAX, CA 94930 Fax: 415-296-6437
PROJECT DESCRIPTION
NEW RESIDENCE, NEW GARAGE, AND NEW ADU. 0022-00-21
PROJECT DIRECTORY 335-c4-%0
TiE OWNER: COBY FRIEOMAN
Inc.
RENE ARTECTS
SAN RAFAEL, CA 94901 darius @docassociotes.ne!
LAURAG
FDIVINEARCHITECTS.COM
415-457-0220 Suite A-129, Son Rofoel, CA 94903
STRL CTURAL/aV JAC ASSOCIATES, INC
ENCINEER: 7 MOUNT LASSEN DRIVE
I CORES ONCE MOM CRUCE SUAL LANE A UNAN TENS OF A LOT SA YA ARE ERNES SUE E Darius Abolhassani Consultant & Associates, Consulting Engineering & Construction Support (415)499-1919 Emoil:
12. ME-TONTIN ALL BOLTS BEFORE CLODRO IN FRATE = 252 TAERO NOSE MADCA SITES ARE ACCOTAUS FOR USE • 7 Mi. Lossen Drive. → MOST CONNOT ATOM AL TRIANO LONGE DIAL HAVE A MODEN A HT MO: S27-ХP (554-2304 SHEET INDEX Phone:
KOIN IRECTING AND CONLIRUCDO CELERADOR AS WIS WISH SULL OCRITU WIN ASTA A18S-62
TEN CAN ON ALONG DIE OUTER TIERO FOR MESUMMONS OF ME A MCFLORENSE MOTIO, MUNTA CONARICE TO ACE OF AMORONS NAS
VAN GLENE COVER
CONGAINS N0Q SETARIAN MALS перифрасту
BEANS MEAOCES SUALL BE A OR BETTER
AL DE STO GRADE OR IETTER.
3 AN TONATOR NO AETAMOS VILL DOR SULL COMET MTE 2018 COC DE228 BARS ND CARISA
L. CEDEN COCANS TO DA 2041 CRC ANO ALL APUCARLE LOCAL OROMANCES NEW RESIDENCE & ADU 2 DESON VERTICAL LONG
79 WOOD LANE FAIRFAX, CA 94930 PROJECT APN 002-062-03
| PARCEL MAP
COLEMENT, PPE
STRUCTURAL GENERAL
NOTES
& MALL PET#SOO SMALL DE MINAN X. '% POSTE 1 KOM
2022-01-05
- 40001 0 07 - 40 10) AS SOME
1. CONCRETE DIALL BE AS FOLLONS (UNLESS OTHERMSE NOTED):
COREGATE (ASTA CSS)
на-1S, 1° нех
X000 P9 7t. 1° HAX
S-1.0
3000 Ps
REVISIONS
2-4-M
022-09-21
WALL AND FOOTING LAP SPLICE SCHEDULE 2023-08-20
G0CC AS RAM SECO
STANDARD 180 HOCK STANDARD 90 HOOK
3000 3 10 11 16 17 20 22 25 28 31
LAP SPUDE LENGTH (MONES)
3000 22 28 33 48 55 82 70 78 22. HOOK OVIED
COGE OF OFOANS
826++ Emoil: [email protected]
LAP SUCE
MONFORCEMENT LAP SPUCE NOTE:
TO LAD SACE Darius Abolhassani Consultant & Associates, Inc. 7 Mt. Lossen Drive, Suite A-i29. Son Rofcel, CA 94903 DES AND STIRRUPS Consulting Engineering & Construction Support
SHAL TE USED FOR SHOTOSE
(TYP) REINE. HORIZONTAL BEND . (TYP) STEPPED FOOTING / GRADE « STANDARD REINFORCEMENT HOOKS (TYP) REINFORCEMENT LAP SPLICE. & HOOK EMBED Phone: (415)499-1919
& BENDS
BELOW BOTTOM IT ROTTON RERAR
N° KEY X 18/2 LONG
L BOT BARS - BOT CARS
1OCE TO ROTTO
₩ ≤ 24. * > 24
DYPICAL PIPE AND TRENCH PARALLEL TO FOOTING
PIPE PERPENDICULAR TO FODTING
(TYP) CONC BEAM CONST JOINTS. (TYP) FOOTING KEY.
SIT.
(P) POUND ADAGENT TO NEW RESIDENCE & ADU
PROJECT APN 002-062-03
1. SAO FOR CONTROL JONT OR O 20100 WAX их 10-0.
79 WOOD LANE FAIRFAX, CA 94930
SAN ON. FORN OR USE RUNE ZP
3 SUBARADE SHALL BE ORSERVED ANO APACHED BY THE ENOREER I ESS POR PLAN
4. SAO TO CONVISA MATIRPROCFNO & MOLLATION GETALS. STRUCTURAL TYPICAL
DETAILS
DYPICAL CONTROL JONI SITE GRADING
2022-01-03
SA-CE-CRASE MEAT SOMEDULED MALL
* SEE RED FOR TORE RECHARLE CAR MAY BE
2 POUR ADLAGENT ZARS AT LEAST & MRS APART
1472-0039 C
COMPACTED CALTRANS LASS 2 DYP CONTROL & CONSTRUCTON JOINI 1 SAD. FOR RIE MO RUN DROCINS SHEET 2
(TYP) SLAB-ON-GRADE (TYP) S-O-G JOINTS. (TYP) CONCRETE STAIR ON GRADE. SITE GRADING S-1.1
REVISIONS
SHEAR WALL SCHEDULE
*2-26-21
темно BE CAL Con
025.01-X
10s 0 12°O.C.
5/8% oзroc TO TOP PL GE/5
10s • 12°0C. SCHED
м о час Inc.
130 a
2-S0K0 1/2 5/8% or'ac • NO SAID LATED 10ST 06-0
STRUCTURAL 1
HE HANTACTURER'S SNONCATONS 0x u
HOLDOWN/TIEDOWN SCHEDULE
arow Darius Abolhassani Consultant & Associates, Consulting Engineering & Construction Support 7 Mi. Lossen Drive. Suile A- 129, San Rofoel, CA 94903 Phone: (415)499-1919 Emoil: [email protected] ases
0.5 sers
0.8 OUT 1-4 (TYP) WALL FRAMING DETAIL
(TYP) HOLDOWN/TEDOWN SCHEDULE.,
CONG TO T: - CODE MAL INTO
*/ (2)-0x
OST FEE PLAN
DOC MA
NTERSECTON
(TYP) WALL INTERSECTIONS
NOR SNO FOR CRAND SEE RA LET TO TS
(TYP) SW WTH OPENING < 16'×25, (TYP) SW WTH LARGE OPENING. $-12 NEW RESIDENCE & ADU
FACE GRAN.
EXTERIOR MALL NIEROR WALL PROJECT APN 002-062-03
(TYP) WALL SECTIONS. 79 WOOD LANE FAIRFAX, CA 94930
PLAN MEN ELEVATON STRUCTURAL TYPICAL
(TYP) TOP. PLATE INTERSECTION. DETAILS CONTINUED
S-12)
DONT N TO
DIAPHRAGMS NAILING SCHEDULE 023-0-01
HEADER SCHEDULE
CODE VALUE
10 в кос
STASTERE
8-8
SACRED CAPIT r-F 1473-0832 e
10s o 120c
| SEE PLAN SHEET
NOT THE MEL FOR PRAT NO CR
(TYP) SILL ANCHOR BOLT LAYOUT. (TYP) NAILED TOP PLATE SPLICE. (TYP) SINGLE OPENING FRAMING W/, (TYP) DIAPHRAGM NAILING DETAIL.. S-1.2 HEADER
SHEET
REVISIONS
2022-08-21
PAN 2022-09-21
ST PER PLAN 021-01-20
ROOF RAFTER POR PLAN
· S0 8 M OR ST PER PLAN AN IST OR BUN
tan acon
155005
PARIS SOLDUE PASON MSTIE OR EO STRAP
• POST & STO PER PLOS POST & SID PER PLAX
l' > 24ª L' ≤ 24°
ADJACENT EM OR UST PARALLEL TO WALL ADLACENT BY OR $SI PERPENDICILAR TO WALL Darius Abolhassani Consultant & Associates, Inc. 7 Mt. Lossen Drive, Suite A-129. Son Rofoel, CA 94903 (TYP) ROOF TO WALL CONNECTION.. _(TYP) RAFTER AND RIDGE Consulting Engineering & Construction Support S-13,
(TYP) LATERAL FORCE COLLECTOR .
- DRAG STRUT (415) 499 - 1919
TO US BAD:
STRINGER SCHEDULE
Kalik In.
59.007 - D12 AS NEEDED
OST SEE RAN
a sno
--STO моте LOW END
(TYP) FLOOR/ROOF OPENING (TYP) ALLOWABLE HOLES AND
NOTCHES IN JOISTS AND STUDS* (TYP) NON BEARING PARTITION (TYP) INTERIOR STAIR FRAMING.
FRAMING
WALL
NEW RESIDENCE & ADU PROJECT APN 002-062-03
FAIRFAX, CA 94930
1220-
MATE ANO
PORS SO
STRUCTURAL TYPICAL
соском DETAILS CONTINUED
11122 PER - ECK JOUST PER FRA
2022-24-06
AS Secon
533) (TYP OPENING IN EXISTING FRAMED. (TYP) BUILT -UP BEAM/JOIST. (TYP) SHEAR WALL ABOVE BEAM (TYP) DECK JOIST AND RAILING XO MONOGA: 1473-0822 S
POST PLAN
SHEET 4
S-1.3
14 SHEET
[email protected] Phone: (415)499-1919 Email:
7 Mt. Lossen Drive, Suile A-129, Son Raicel, CA 94903 2022-01-08 AS SIGN 1477-08225 REVISIONS 022-08-21 PROJECT APN 002-062-03
1095-01-20 FAIRFAX, CA 94930 FOUNDATION PLAN S-2.0 or 14 SHEET Consulting Engineering & Construction Support 79 WOOD LANE Darius Abolhassani Consultant & Associates, Inc. DRAs In: SHEET 5
NEW RESIDENCE & ADU
CONOSETE SUND PLAN NOTES
ORADE
RESEE 66 95 20 58 SE803
RIZONTAL
MASONS
2-99
AND OF POST ABOVE
FOUNDATION PLAN: RESIDENCE SECTION THROUGH FOUNDATION: RESIDENCET.-
CANETE OUTINESS PER
Phone: (415)499-1919 Email: [email protected] 2022-08-08 1877-08225 7 Ml. Lossen Drive, Suite A- 129, San Rafael, CA 94903 PROJECT APN 002-062-03 S-2.1
2822-09-21 023-54-20 FAIRFAX, CA 94930
Consulting Engineering & Construction Support 79 WOOD LANE XIAS PY SWEET 6
Darius Abolhassani Consultant & Associates, Inc. NEW RESIDENCE & ADU
PLAN LEGEND HALL ADORE OMGAETE SLAS POST ABOVE PLAN NOTES S 8 D
He PI OR POST (ASONG)
MAIN FLOOR FRAMING PLAN: FOUNDATION PLAN: ADU/GARAGE
Email: [email protected] hone: (415)499-1919
7 Mt. Lossen Drive, Suite A-129. Son Rafael, CA 94903 2022-04-08 1477-0822 S REMSIONS 2022-06-21 122-08-20 023-04-20 PROJECT APN 002-062•03 S-2.2 Consulting Engineering & Construction Support FAIRFAX, CA 94930 Or 14 SHEET Darius Abolhassani Consultant & Associates, Inc. 79 WOOD LANE UPPER FLOOR FRAMING PLAN SHEET 7
NEW RESIDENCE & ADU
PLAN LEGEND MALL ABOVE PLAN NOTES
5 B 0 • *
BET C POST (ABODE.
UPPER FLOOR FRAMING PLAN: RESIDENCE.:2 UPPER ELOOR FRAMING FLAN: ADU/GARAGE,....
Phone: (415)499-1919 Emoil: [email protected] 2022-04-08 7 Mt. Lossen Drive, Suite A-129. San Rafael, CA 94903 14 SHES PROJECT APN 002-062-03 0O MMICe 1477-0822 5
REVISIONS 322-01-21 2022-03-21 2023-0x-20 FAIRFAX, CA 94930 -S-2.3 Consulting Engineering & Construction Support 79 WOOD LANE Darius Abolhassani Consultant & Associates, Inc.
NEW RESIDENCE & ADU
PLAN LEGEND MALI ABOVE OST ADORE PLAN NOTES LaNE
MO ACOM (SA9) ME DE POST (MELON)
o °
NEM 30A
ROOF FRAMING PLAN: RESIDENCE ROOF FRAMING PLAN: ADU/GARAGE
REVISIONS
AXL POX PLAX MAT SAD PER PLAN 2022-08-21
-SMS PT OF SLL PLATE
WONOR BOT PER TYPICAL CETAL 122-00-22
BAF
ACCENT GRACE TO DRAN AS DECKING (S.AO.) 003-24-20
QINORAL (SAD)
N° MR 25
ON CONTACT ACMESHE PER MAN'S AGO
R.W.- TO-MAT SLAB DETAI Emoil: [email protected] $-30
Darius Abolhassani Consultant & Associates, Inc. Consulting Engineering & Construction Support 7 Mt. Lossen Drive, Suite A-129. Son Rofael, CA 94903 Го аси уки тли омів
RETARING WALL HOMIZONTAL REBAR OW
Phone: (415)499-1919
M NES OCrOC. MAX (TIP.) -
HAT SLAS PER PLAN GUARDRAIL DETAIL
$-30
•LAN
FaIt
MONATE MEANS
I CAN MIES
JOJO WENT
MAT SLAB DETAIL V-DITCH DETAIL
NEW RESIDENCE & ADU PROJECT APN 002-062-03
1500 to 200120 79 WOOD LANE FAIRFAX, CA 94930
NOTE 5-
WAS REO STRUCTURAL DETAILS
RNB PER PLAN A DETAR 04) FOOTNO PER PURE -
S-LL
MIC
TOP 12° or sue
n2.0.01
g'-0* MINNUM INTO COMPETENT BEDROO
SONTRACTOR CHALL CONTACT DIE COL ENANCEO TO
BOURSE SYCAVATON AND MEREY ADEQUATE MODE
ALLED MER PER PLAN-
SHEET
MAT SLAB EDGE DETAIL S-3.0
DRILLED PIER-TO-FOOTING DETAIL
S30) NOOD SOLIDER PILE & LAGGING RW
2122-06-21
2022-19-21
10-0
2023-01-20
CAVE (SA2)
-POST PER PLAN (TP.)
Je PIDF SILL PLATE (TOP.) Suite A-129. Son Rofoel, CA 94903| (415 400- 1010 mal [email protected]| BEAM "C" DETAIL
Darius Abolhassani Consultant & Associates, Inc. Consulting Engineering & Construction Support $-1.2]
7 MI Lotten Dae.
Phone:
NOT USED
BEAM "B" DETAIL BEAM Tº DETAIL METITE
BOUCHED CONSTUCTON
RETANING WALL DETAIL..
WALL DETAIL. BEAM "G" DETAL...
NEW RESIDENCE & ADU FAIRFAX, CA 94930 PROJECT APN 002-062-03 SOLO BLOON: 79 WOOD LANE
100/335/30 MANGER NOT USED
BEAM """ DETAIL ENLARGED PLAN AT LOWER ROOF HIP BEAMS.
LEYATiON
2022-CA-03
AS SON
NOT USED
mors. 1673-0822 5
- POST POR SHEET
S-3.1
BEAM " DETAIL.. > BEAM "F"DETALL.. BAY WNDOW DETAILS ELEVATION DETAIL AT RIDGE BEAM Email: dar us@dacases alec. ne Phone: (415)499-1919
7 Mi. Lossen Drive, Suite A-129, Son Rofoel, CA 94903 2022-06-08 1477-0822S PROJECT APN 002-062-03
REVISIONS 2002-06-21 2002-09-21 2023-04-20 FAIRFAX, CA 94930 S-3.2 Consulting Engineering & Construction Support 79 WOOD LANE WEYERHAEUSER TYPICAL DETAILS Darius Abolhassani Consultant & Associates, Inc.
NEW RESIDENCE & ADU
SEE MANUFACTURER'S DETAILS FOR
INSTALLATION.
A Weyerhaeuser
@..
66G0 306
MARIO AT SEARNO LOCRI
OST OFTAILS BEAM DETAILS COLUMN DETAILS
DED-
Phone: (415)499-1919 Email: [email protected] 2022-04-00 7 Mi. Lossen Drive, Suite A-129. Son Rofoel, CA 94903 PROJECT APN 002-062-03 REVISIONS 2022-06-21 2022-08-21 1525-04-20 FAIRFAX, CA 94930 VEYERHAEUSER TYPICAL DETAILS 200 M.WICE 1471-0822 5 S-3.3 Consulting Engineering & Construction Support 79 WOOD LANE Darius Abolhassani Consultant & Associates, Inc.
NEW RESIDENCE & ADU
SEE MANUFACTURER'S DETAILS FOR
INSTALLATION.
ROOF DETAILS
Transfeist OOF FRAMING DETAILS
2022-06-21
STEL PLE PER TABLE
6-0
MAX SLOPE
$-3.41
Darius Abolhassani Consultant & Associates, Inc. Consulting Engineering & Construction Support 7 M. Lossen Drive, Soile A-129. Son Refcel, CA 94903 Emoil: [email protected] N HOSTEL BEAR Nº
WIN VORTICAL REBAR Ri
CHEAT BAST (415)499-1919
TOON FOR MIT'S REO OR CO
Phone:
06) OFELID PER.
LE BELOW TASHED
NIX HOME REBAR 7;
HALL PER PLAN
DETALATE PER TOP.
I VERT, REBAR
PIERS
STEEL SOLDIER PILE & LAGGING RW DETAIL arT.Ta BOVE PIERS-
NEW RESIDENCE & ADU
(4) AS HORIZ. REBAR
CLAN A-A MTH FRAMING CONTACI A-A WITHQUE FRAMING CONTACT FAIRFAX, CA 94930 PROJECT APN 002-062-03
GRADE BEAM DETAIS 79 WOOD LANE
STRUCTURAL DETAILS
6'-0L 2022-01-06
NECT
NOT USED NOT USED NOT USED caven ar
DEBRIS FENCE DETAIL BEAN "C" DETAL... TYP. HOLDOWN AT STEEL BEAN DETAL.. S-3.4 I TYP. SILL PLATE AT STEEL BEAM DETALL
AND ANAL EAS ROCK RATES POR PLAN
2022-09-21
OCAN T° PER PLAN —
2883-06-20
SIS PATE PER PA
LACE POST POR
GERAL FOR PLAN
A BLE IN KE OST
DO OF POST PER
О, Рики PX MAI Darius Abolhassani Consultant & Associates, Inc. Consulting Engineering & Construction Support 7 Mt. Lossen Drive, Suite A-129, San Refcel, CA 94903 Phone: (415)499-1919 Email: [email protected] BEAM "D" ELEVATION DETAIL. SHEARWALL ELEVATION DETAL..
ER PLAX VIN. (2) 22)
DAC!
CHE OR HEADOR POR PLANE
STION DETAIL 5] HOLDOWN -TO-WOOD BEAM DETAIL
S-35,
NEW RESIDENCE & ADU
USED
79 WOOD LANE FAIRFAX, CA 94930 PROJECT APN 002-062-03
STEEL POST BASE PLATE DETAIL
DETAILS
RARE ARMACENT TO OR SUENCE AGE TOCAL
ROCKNO AS REOURED
BERNING MILL PER
2022-08-50
GONE SACRO-DE AS ANOLE CACH S0E
I0° THIOX CONCRETE MALL PEE PLAN -
4 RETAINING WALL DETAIL AT LICHIVELL S-3.5
LEDGER DETAIL
$-35,
Exhibit 4
A CURIALI OP
CUSTOMER SERVICE DEPARTMENT
Customer Service Department
(415) 945-1400
YOUR WATER SERVICE WAS DISCONTINUED
BECAUSE NO APPLICATION FOR SERVICE
HAS BEEN RECEIVED AT OUR OFFICE, AND
THERE HAS BEEN NO RESPONSE TO OUR
DO NOT REMOVE THIS TAG
ORDER TO STOP WORK
DONE. VIOLATORS ARE SUBJECT TO CITATION AND/OR FINES: CORRECTIONS MUST BE MADE BEFORE ANY FURTHER WORK IS
CAUSE CONSTRULTIOM NOT
APPROVED
Town of Fairfax 79 WOOD LN
Building Departme
пth luc DATE 6-8-2023
THE BUILDING OFFICIAL
Exhibit 5
APPEAL OF ADMINISTRATIVE OFFICIAL ORDER
Town Code (TC) § 17.036.010, et seq.
TO THE TOWN CLERK:
I, Jacob (Coby) Friedman, make the following verified application to the Town Council appealing an erroneous order, decision and determination by a Town officia under TC $ 17.036.010, et seg. I have personal knowledge of the following facts and, if called upon as a witness, I could and would testify as set forth below.
1. I own the real property located at 79 Wood Lane, Fairfax, California 94930, and the improvements and current construction project at that location ("the Project").
2. Mark Lockaby is the Building Official for the Town of Fairfax and an administrative official under TC § 17.036.010.
3. On June 8, 2023 (less than ten days prior to this application and appeal), Mr. Lockaby issued an "Order to Stop Work" ("the Order") directing that all work on the Project cease immediately. The Order is an order made by an administrative official in the administration and enforcement of TC Title 17 (Zoning). This order was made in error.
4. I understand that the Order is based on Mr. Lockaby's decision and determination that (a) the work being performed on the Project is subject to Planning Commission (PC) approval which I have not yet received; (b) the work is not related to Accessory Dwelling Unit (ADU) or Junior ADU (JADU) work and so is subject to PC approval, rather than administrative approval only by the Planning Department; and (c) the work may properly be shut down under a stop work order even in the absence of any finding that the work violates any building code requirements. This is a decision and determination by an administrative official in the administration and enforcement of TC Title 17 (Zoning). This decision and determination was made in error.
regarding most of the work on the Project, i.e., for which portions I could JADU Stairs"). Since that portion of the work was directly related to JADU work, it is not subject to PC review and approval. After I asked for 1 APPEAL OF ADMINISTRATIVE OFFICIAL ORDER, TC § 17.036.010, et seq. clarification and explanation of the Town's position regarding the JADU Stairs, Mr. Lockaby posted the Order at the site stopping all work. Despite repeated requests, I have not received any clarification or explanation of the Town's position. I have since inquired whether the Town would lift the Order if I agreed not to do any further work on the JADU Stairs until and unless we resolve the issue. The Town has not responded.
6. Per TC § 17.036.030, this appeal stays the Order and all actions by the Town in furtherance of the Order until this appeal is decided by the Town Council. Accordingly, I am entitled to resume work on the Project upon submission of this appeal and intend to do so.
7. I am a person aggrieved by the Order. The Order is causing me substantial financial harm. Allowing the work to continue will cause the Town no Project. In other words, allowing me to continue the work will be solely at my own risk, not the Town's.
8. This application is timely under TC § 17.036.020.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this Declaration was executed on this 9th day of June, 2023, in Fairfax, California.
Jacob (Coby) Friedman
2 APPEAL OF ADMINISTRATIVE OFFICIAL ORDER, TC § 17.036.010, et seq.
TOWN OF FAIRFAX
142 BOLINAS ROAD, FAIRFAX, CALIFORNIA 94930
(415) 453-1584
Fax (4 1 5) 453-1618
RECEIPT
Date: 6-14-23
From:
COBY FRIEDMA, IF Contracting Ine.
Amount: $625.00
For: Apped of Administave Official Erd.
By:
CF Contracting, Inc. 9580
96 Forrest Ave
Fairfax, CA 94930 90-3504/1211
419/2022
1$ 621:77
SiX HUNDRE
DOLLARS f
Tri Counties Bank
FOR PAsTA Appre pir
842413504584580 6820005949
Exhibit 6
From: Richard M. Harris
To: Janet Coleson
Cc: Aaron P. Silberman
Subject: 79 Wood lane
Date: Friday, July 28, 2023 3:49:00 PM
Ms. Coleson:
As you know, we represent Coby Friedman in his effort to complete his permitted construction project at 79 Wood Lane, in Fairfax (Project). Mr. Friedman requests that the City of Fairfax (City) provides him a green tag so he can hook up power to the new construction. As the City inspector has already found, the Project has met all of the requirements to receive this green tag.
As we discussed on the phone on July 21, Mr. Friedman contacted the City inspector to inspect his electrical system and issue a green tag. And though the City inspector determined that the electrical system is proper, he still withheld the green tag based on an unrelated dispute. The City and Mr.
Friedman disagree about when plan changes need to be submitted to the planning commission for approval, and the withholding of the green tag is being used as leverage to force Mr. Friedman to capitulate to the City's position. As I explained Mr. Friedman's position to you, you told me that it is "common practice" for the City to withhold the green tag to extract other things the City needs from a homeowner unrelated to the propriety of the electrical system.
After a City has exercised its discretion and determined that a party is entitled to an approval, withhold that approval for other reasons causes the City to be liable for damages. Thompson v. City of Lake Elsinore (1993) 18 Cal.App.4th 49, 58 (failure to provide a certificate of occupancy to extract unrelated concessions from homeowner entitled property owner to damages). That is exactly the situation here. The City has determined that the electrical system is proper, but is withholding the green tag in an effort to extract concessions on an unrelated dispute. As this dispute continues, Mr.
Friedman's damages only grow, including his temporary power costs, the loss of use of his home, and the inability to complete the Project.
Please confirm that the City will issue the green tag within 7 days. If the green tag is not issued, Mr.
Friedman will be forced to take further action. He expressly reserves all of his rights.
I look forward to your response.
Richard M. Harris Associate
ROGERS JOSEPH O'DONNELL | a Professional Law Corporation 311 California Street, 10th fl | San Francisco, CA 94104 415.956.2828 main | 415.956.6457 fax
[email protected] | www.rio.com
Notice to recipient: This email is meant for only the intended recipient(s) of the transmission and may be privileged by law. If you receive this email in error, please notify us immediately. Do not print, copy, or disseminate it. Please delete the email from your system. Thank you.
Exhibit 7
From: Janet Coleson
To: Richard M. Harris
Cc: Aaron P. Silberman
Subject: RE: 79 Wood lane
Date: Tuesday, August 8, 2023 4:18:42 PM
Richard,
Respectfully, it's not my responsibility to resolve your client's issues. You and I both know he needs to submit (with appropriate fee) his application to back to the Commission to ask for approval of his currently unpermitted construction. I don't believe the electrical tag will be withheld for issues unrelated to the electrical.
Please contact me to discuss why a State licensed contractor is performing construction not in conformance with approved plans.
Thank you,
Janet
Janet Coleson
Partner
[email protected]
T: (925) 977-3319
bbklaw.com |30
From: Richard M. Harris <[email protected]>
Sent: Monday, August 7, 2023 9:13 PM
To: Janet Coleson <[email protected]>
Cc: Aaron P. Silberman <[email protected]>
Subject: RE: 79 Wood lane
CAUTION - EXTERNAL SENDER.
Janet -
We are well past the deadline set forth in my letter. CFC's damages are accruing, including (but not limited to) inefficiencies for his construction, PG&E temporary power fees, and construction loan costs. I urge you to take this opportunity to work to resolve this issue before litigation becomes inevitable.
| look forward to your response.
Richard M. Harris | Associate
ROGERS JOSEPH O'DONNELL | a Professional Law Corporation 311 California Street, 10th fl | San Francisco, CA 94104 415.956.2828 main | 415.956.6457 fax
[email protected] | www.rjo.com
Notice to recipient: This email is meant for only the intended recipient(s) of the transmission and may be privileged by law. If you receive this email in error, please notify us immediately. Do not print, copy, or disseminate it. Please delete the email from your system. Thank you.
From: Richard M. Harris
Sent: Wednesday, August 2, 2023 10:33 PM
To: Janet Coleson <[email protected]>
Cc: Aaron P. Silberman <[email protected]>
Subject: RE: 79 Wood lane
Janet -
Just checking in. Thanks.
Richard M. Harris | Associate
ROGERS JOSEPH O'DONNELL | a Professional Law Corporation 311 California Street, 10th fl | San Francisco, CA 94104 415.956.2828 main | 415.956.6457 fax
[email protected] | www.rjo.com
Notice to recipient: This email is meant for only the intended recipients) of the transmission and may be privileged by law. If you receive this email in error, please notify us immediately. Do not print, copy, or disseminate it. Please delete the email from your system. Thank you.
From: Janet Coleson <Janet Coleson@ bbklaw.com>
Sent: Friday, July 28, 2023 4:04 PM
To: Richard M. Harris <[email protected]>
Cc: Aaron P. Silberman <[email protected]>
Subject: RE: 79 Wood lane
Richard,
Mark Lockaby, the Building Official, is out until August 1. I won't be able to discuss with him whether the electrical system is in order, or extends to unpermitted construction, until that time. I will be back in touch with you shortly after August 1
Thank you,
Janet
Janet Coleson
Partner
[email protected]
T: (925) 977-3319
bbklaw.com /u_L
From: Richard M. Harris <[email protected]>
Sent: Friday, July 28, 2023 3:50 PM
To: Janet Coleson <[email protected]>
Cc: Aaron P. Silberman <[email protected]>
Subject: 79 Wood lane
CAUTION - EXTERNAL SENDER.
Ms. Coleson:
As you know, we represent Coby Friedman in his effort to complete his permitted construction project at 79 Wood Lane, in Fairfax (Project). Mr. Friedman requests that the City of Fairfax (City) provides him a green tag so he can hook up power to the new construction. As the City inspector has already found, the Project has met all of the requirements to receive this green tag.
As we discussed on the phone on July 21, Mr. Friedman contacted the City inspector to inspect his electrical system and issue a green tag. And though the City inspector determined that the electrical system is proper, he still withheld the green tag based on an unrelated dispute. The City and Mr.
Friedman disagree about when plan changes need to be submitted to the planning commission for approval, and the withholding of the green tag is being used as leverage to force Mr. Friedman to capitulate to the City's position. As I explained Mr. Friedman's position to you, you told me that it is "common practice" for the City to withhold the green tag to extract other things the City needs from a homeowner unrelated to the propriety of the electrical system.
After a City has exercised its discretion and determined that a party is entitled to an approval, withhold that approval for other reasons causes the City to be liable for damages. Thompson v. City of Lake Elsinore (1993) 18 Cal.App.4th 49, 58 (failure to provide a certificate of occupancy to extract unrelated concessions from homeowner entitled property owner to damages). That is exactly the situation here. The City has determined that the electrical system is proper, but is withholding the green tag in an effort to extract concessions on an unrelated dispute. As this dispute continues, Mr.
Friedman's damages only grow, including his temporary power costs, the loss of use of his home, and the inability to complete the Project.
Please confirm that the City will issue the green tag within 7 days. If the green tag is not issued, Mr.
Friedman will be forced to take further action. He expressly reserves all of his rights.
I look forward to your response.
Richard M. Harris | Associate
ROGERS JOSEPH O'DONNELL | a Professional Law Corporation 311 California Street, 10th fl | San Francisco, CA 94104 415.956.2828 main | 415.956.6457 fax
[email protected] | www.rjo.com
Notice to recipient: This email is meant for only the intended recipients) of the transmission and may be privileged by law. If you receive this email in error, please notify us immediately. Do not print, copy, or disseminate it. Please delete the email from your system. Thank you.
This email and any files or attachments transmitted with it may contain privileged or otherwise confidential information. If you are not the intended recipient, or believe that you may have received this communication in error, please advise the sender via reply email and immediately delete the email you received.
Exhibit 8
TOWNOF FAIRFAX
142 Bolinas Road, Fairfax, California 94930
(415) 453-1584/Fax (415)453-1618
8-10-2023
Coby Friedman
96 Forrest Avenue
Fairfax, CA 94930
Re; 79 Wood Lane Suspension of Permit
Dear Mr. Friedman,
Under the authority of the California Building Code [A] 105.6 adopted by the Town of Fairfax I hereby suspend your building permit for construction at 79 Wood Ave. for the following reasons:
the work being done is based on incorrect, inaccurate, and incomplete information.
The construction to date was not approved by the planning commission, or by the building must be oblined, and constriction fravings checket, and sproved by the buming departneal.
Commented [JC1]: And the building permit modified?
Following are the items that have not been approved by the planning commission, or building department:
1. inpuding or thesing an upas deck, an arcing an junior accessory divelling unit,
2. The front low roof has been eliminated, and a deck above a portion of the lower floor even with the top floor has been constructed.
3. The basement has been converted into living space for an accessory dwelling unit.
Before construction maycan resume, the changes to the approved plans must be approved by the planning commission and building department.
Sincerely,
Mark Lockaby
Building Official
Exhibit 9
SARGE ENSEME
TOWN OF FAIRLAX
DO NOT REMOVE THIS TAG 545-2Ta4 529-1518
ORDER TO STOP WORK
CORRECTIONS MUST BE MADE BEFORE ANY FURTHER WORK IS DONE VIOLATORS ARE SUBJECT TO CITATION AND/OR FINES Fate CaSt ......
CAUSE SUPENSION OF BUILDING
PERmIT
79 WOoD LANE
DATE 8-11 - 2023
TITLE BUILDING OFFICIAL
2 Exhibit 10
From: Janet Coleson
To: Richard M. Harris
Cc: Aaron P. Silberman
Subject: RE: 79 Wood lane
Date: Tuesday, August 15, 2023 12:08:15 PM
Richard,
I haven't seen the notice. I'll check in with Mark.
I do believe, however, that it's past time for your client to stop doing whatever he wants and follow the direction provided. I am also hopeful that he starts demonstrating he can keep to verbal agreements and it doesn't take judicial intervention to resolve the matter. Hopeful, but given the history with your client, unfortunately, not all that optimistic.
Janet
Janet Coleson
Partner
[email protected]
T: (925) 977-3319
bbklaw.com |
From: Richard M. Harris <[email protected]>
Sent: Tuesday, August 15, 2023 10:24 AM
To: Janet Coleson <[email protected]>
Cc: Aaron P. Silberman <[email protected]>
Subject: RE: 79 Wood lane
CAUTION - EXTERNAL SENDER.
Janet -
Please let me know when we can expect a response. We would very much like to come to a solution short of further litigious action.
Thanks,
Richard M. Harris | Associate
ROGERS JOSEPH O'DONNELL | a Professional Law Corporation 311 California Street, 10th fl | San Francisco, CA 94104 415.956.2828 main | 415.956.6457 fax
[email protected] | www.rjo.com
Notice to recipient: This email is meant for only the intended recipients) of the transmission and may be privileged by law. If you receive this email in error, please notify us immediately. Do not print, copy, or disseminate it. Please delete the email! from your system. Thank you.
From: Richard M. Harris
Sent: Monday, August 14, 2023 10:33 AM
To: Janet Coleson <[email protected]>
Cc: Aaron P. Silberman <[email protected]>
Subject: RE: 79 Wood lane
Janet -
We are in receipt of the Town's draft suspending the permit at 79 Wood lane. Three of the four items listed are related to the ADU/JADU changes Mr. Friedman has done and must be ministerially approved. As for the front deck, and rather than discussing the letter point-by-point (and reserving all of Mr. Friedman's rights), we suggest that Mr. Friedman submit his plans showing the changes to the front deck to the planning department. Upon submission (not approval), the City will reinstate the permit and allow Mr. Friedman to continue work (including supplying a green tag should the project meet all electrical requirements) until and unless the Planning commission rejects Mr.
Friedman's plans.
Let us know if you agree so we can get the plans ready for submission.
Thanks,
Richard M. Harris | Associate
ROGERS JOSEPH O'DONNELL | a Professional Law Corporation 311 California Street, 10th fl | San Francisco, CA 94104 415.956.2828 main | 415.956.6457 fax
[email protected] / www.rjo.com
Notice to recipient: This email is meant for only the intended recipients) of the transmission and may be privileged by law. if you receive this email in error, please notify us immediately. Do not print, copy, or disseminate it. Please delete the email from your system. Thank you.
From: Richard M. Harris
Sent: Friday, August 11, 2023 3:05 PM
To: Janet Coleson <[email protected]>
Cc: Aaron P. Silberman <[email protected]>
Subject: RE: 79 Wood lane
Janet-
I find your response a bit confusing. On our phone call, you read to me an email you had received from Mark, which said in substance that green tags were being withheld in order to extract concessions from homeowners (such as forcing Coby to submit plans to the planning department according to your schedule). This whole week, Mark has not been responding to Coby's requests for a reinspection of the green tag - still there is no reason that the green tag was not provided when first inspected.
Please advise.
Richard M. Harris | Associate
ROGERS JOSEPH O'DONNELL | a Professional Law Corporation 311 California Street, 10th fl | San Francisco, CA 94104 415.956.2828 main | 415.956.6457 fax
[email protected] | www.rjo.com
Notice to recipient: This email is meant for only the intended recipients) of the transmission and may be privileged by law. If you receive this email in error, please notify us immediately. Do not print, copy, or disseminate it. Please delete the email from your system. Thank you.
From: Janet Coleson <[email protected]>
Sent: Tuesday, August 8, 2023 4:18 PM
To: Richard M. Harris <[email protected]>
Cc: Aaron P. Silberman < [email protected]>
Subject: RE: 79 Wood lane
Richard,
Respectfully, it's not my responsibility to resolve your client's issues. You and I both know he needs to submit (with appropriate fee) his application to back to the Commission to ask for approval of his currently unpermitted construction. I don't believe the electrical tag will be withheld for issues unrelated to the electrical.
Please contact me to discuss why a State licensed contractor is performing construction not in conformance with approved plans.
Thank you,
Janet
Janet Coleson
Partner
[email protected]
T: (925) 977-3319
bbklaw.com /uu
From: Richard M. Harris <[email protected]>
Sent: Monday, August 7, 2023 9:13 PM
To: Janet Coleson <[email protected]>
Cc: Aaron P. Silberman <[email protected]>
Subject: RE: 79 Wood lane
CAUTION - EXTERNAL SENDER.
Janet-
We are well past the deadline set forth in my letter. CFC's damages are accruing, including (but not limited to) inefficiencies for his construction, PG&E temporary power fees, and construction loan costs. I urge you to take this opportunity to work to resolve this issue before litigation becomes inevitable.
I look forward to your response.
Richard M. Harris | Associate
ROGERS JOSEPH O'DONNELL | a Professional Law Corporation 311 California Street, 10th fl | San Francisco, CA 94104 415.956.2828 main | 415.956.6457 fax
[email protected] | www.rjo.com
Notice to recipient: This email is meant for only the intended recipient(s) of the transmission and may be privileged by law. if you receive this email in error, please notify us immediately. Do not print, copy, or disseminate it. Please delete the email from your system. Thank you.
From: Richard M. Harris
Sent: Wednesday, August 2, 2023 10:33 PM
To: Janet Coleson < [email protected]>
Cc: Aaron P. Silberman <[email protected]>
Subject: RE: 79 Wood lane
Janet -
Just checking in. Thanks.
Richard M. Harris | Associate
ROGERS JOSEPH O'DONNELL | a Professional Law Corporation 311 California Street, 10th fl | San Francisco, CA 94104 415.956.2828 main | 415.956.6457 fax
[email protected] / www.rjo.com
Notice to recipient: This email is meant for only the intended recipient(s) of the transmission and may be privileged by law. If you receive this email in error, please notify us immediately. Do not print, copy, or disseminate it. Please delete the email from your svstem. Thank you.
From: Janet Coleson <[email protected]>
Sent: Friday, July 28, 2023 4:04 PM
To: Richard M. Harris <[email protected]>
Cc: Aaron P. Silberman <[email protected]>
Subject: RE: 79 Wood lane
Richard,
Mark Lockaby, the Building Official, is out until August 1. I won't be able to discuss with him whether the electrical system is in order, or extends to unpermitted construction, until that time. I will be back in touch with you shortly after August 1.
Thank you,
Janet
Janet Coleson
Partner
[email protected]
T: (925) 977-3319
bbklaw.com /uuu
From: Richard M. Harris <[email protected]>
Sent: Friday, July 28, 2023 3:50 PM
To: Janet Coleson <)[email protected]>
Cc: Aaron P. Silberman < [email protected]>
Subject: 79 Wood lane
CAUTION - EXTERNAL SENDER.
Ms. Coleson:
As you know, we represent Coby Friedman in his effort to complete his permitted construction project at 79 Wood Lane, in Fairfax (Project). Mr. Friedman requests that the City of Fairfax (City) provides him a green tag so he can hook up power to the new construction. As the City inspector has already found, the Project has met all of the requirements to receive this green tag.
As we discussed on the phone on July 21, Mr. Friedman contacted the City inspector to inspect his electrical system and issue a green tag. And though the City inspector determined that the electrical system is proper, he still withheld the green tag based on an unrelated dispute. The City and Mr.
Friedman disagree about when plan changes need to be submitted to the planning commission for approval, and the withholding of the green tag is being used as leverage to force Mr. Friedman to capitulate to the City's position. As I explained Mr. Friedman's position to you, you told me that it is "common practice" for the City to withhold the green tag to extract other things the City needs from a homeowner unrelated to the propriety of the electrical system.
After a City has exercised its discretion and determined that a party is entitled to an approval, withhold that approval for other reasons causes the City to be liable for damages. Thompson v. City of Lake Elsinore (1993) 18 Cal.App.4th 49, 58 (failure to provide a certificate of occupancy to extract unrelated concessions from homeowner entitled property owner to damages). That is exactly the situation here. The City has determined that the electrical system is proper, but is withholding the green tag in an effort to extract concessions on an unrelated dispute. As this dispute continues, Mr.
Friedman's damages only grow, including his temporary power costs, the loss of use of his home, and the inability to complete the Project.
Please confirm that the City will issue the green tag within 7 days. If the green tag is not issued, Mr.
Friedman will be forced to take further action. He expressly reserves all of his rights.
I look forward to your response.
Richard M. Harris | Associate
ROGERS JOSEPH O'DONNELL | a Professional Law Corporation 311 California Street, 10th fl | San Francisco, CA 94104 415.956.2828 main | 415.956.6457 fax
[email protected] | www.rjo.com
Notice to recipient: This email is meant for only the intended recipient(s) of the transmission and may be privileged by law. If you receive this email in error, please notify us immediately. Do not print, copy, or disseminate it. Please delete the email from your system. Thank you.
This email and any files or attachments transmitted with it may contain privileged or otherwise confidential information. If you are not the intended recipient, or believe that you may have received this communication in error, please advise the sender via reply email and immediately delete the email you received.
Exhibit 11
FAIRFAX TOWNOF FAIRFAX
142 Bolinas Road, Fairfax, California 94930
(415)453-1584/Fax (415)453-1618
NCORPORATED 105%
8-16-2023
Coby Friedman
96 Forrest Avenue
Fairfax, CA 94930
Re; 79 Wood Lane Suspension of Permit
Dear Mr. Friedman,
Thank you for bringing to my attention a clerical error in my correspondence dated August 10, 2023.
Your building permit is suspended pursuant to California Building Code [A] 105.6 as adopted by the Town of Fairfax. Your permit was issued on the basis of your submittal of incorrect, inaccurate, and incomplete information. The construction documents you submitted to obtain the permit did not reflect the following:
1. A portion of the top floor has been prepared to be a junior accessory dwelling unit, including enclosing an upper deck, and adding an exterior stairway.
2. The front low roof has been eliminated, and a deck above a portion of the lower floor even with the top floor has been constructed
3. The basement has been converted into living space for an accessory dwelling unit.
Sincerely,
Mark Lockaby
Building Official
Exhibit 12
From: Richard M. Harris
To: Janet Coleson
Cc: Aaron P. Silberman
Subject: RE: 79 Wood lane
Date: Wednesday, August 23, 2023 5:56:00 PM
Janet -
Apologies that you are not on vacation.
On an appeal of the alleged suspension of the building permit: Previously, you stated "there is no appeal to the Planning Commission or Town Council of a Building Official's stop work order issued under the authority of the CA Bldg Code." This is consistent with what I found in the Building code.
Section 15.04.100 (c)(4) says that appeals of decisions by the building official will be "processed in accordance with the provisions of § 15.04.028 of this code." But there is no section 15.04.028 of the Fairfax Code. What change in the law has there been between June 2023 and now? In addition, regardless this alleged suspension, can you at least confirm that because the electrical system has been inspected and approved, a green tag will issue? You have concurred that the City will not withhold a green tag for reasons unrelated to the electrical, and there are no other reasons not to approve the electrical system.
Please advise.
Thanks,
Richard M. Harris | Associate
ROGERS JOSEPH O'DONNELL | a Professional Law Corporation 311 California Street, 10th fl | San Francisco, CA 94104 415.956.2828 main | 415.956.6457 fax
[email protected] | www.rjo.com
Notice to recipient: This email is meant for only the intended recipient(s) of the transmission and may be privileged by law. If you receive this email in error, please notify us immediately. Do not print, copy, or disseminate it. Please delete the email from your system. Thank you.
From: Janet Coleson <[email protected]>
Sent: Wednesday, August 23, 2023 10:43 AM
To: Richard M. Harris <[email protected]>
Cc: Aaron P. Silberman <[email protected]>
Subject: RE: 79 Wood lane
Richard,
First of all, I said I was out of state for a few days (back later tomorrow), not on vacation.
Second, although I don't have the time to go into the details now, we find your cited authority to be outdated and lacking merit. We can argue the case law when I return. In the meantime, there are several ways in which we may proceed.
1. An appeal of a suspension of a building permit is heard by the Town Council in lieu of a Building Board of Appeals (Fairfax is a small jurisdiction and does not have a Building Board of Appeals). If that is what you desire, you may request such a hearing and one will be scheduled.
2. We could schedule a hearing before the Planning Commission for revocation of his previously granted approvals because he has not built in accordance with those approvals.
3. Your client could file an application for a hearing before the Commission to gain approval of the changes he unilaterally made to his approved plans.
While it appears number 3 above is the fastest route to resolving this issue, just ignoring the Building Official's suspension of his permit is not a wise choice. Mark is preparing to have any worker on site cited. In our experience, Coby's workers are not willing to risk citation for Coby.
There is one area where Mark has already informed Coby that he does need to do work, and that is with the excavation of the garage. Once again, perhaps before you were involved with this client or project, Coby has excavated dangerously close to the adjacent property and the risk of subsidence or cave in is high. In order to not have a public safety hazard existing on the property, endangering not only his property but also that of his neighbor, Mark has told Coby he needs to shore up that excavation. That is the only work permitted on this site pending resolution of the construction not in compliance with approved plans issue.
Thank you,
Janet
Janet Coleson
Partner
[email protected]
T: (925) 977-3319
bbklaw.com /
From: Richard M. Harris <[email protected]>
Sent: Tuesday, August 22, 2023 4:29 PM
To: Janet Coleson <[email protected]>
Cc: Aaron P. Silberman <[email protected]>
Subject: Re: 79 Wood lane
CAUTION - EXTERNAL SENDER.
Janet -
I do not mean to bother you on vacation, but you have not provided me with any other contact information for an attorney for the City. Please let the City know that, based on the case law below, the suspension of the permit is "inoperative and of no legal force." City of San Marino v. Roman Catholic Archbishop of Los Angeles, (1960) 180 Cal.App.2d 657, 669. In addition, any issues related to whether the City can properly stop work due to alleged planning code violations is currently subject to an appeal which the City has not yet moved forward on. On these reasonable bases, given that the red tag is unenforceable, Mr. Friedman will continue working on his property.
Please expedite the issuance of the green tag.
Thanks,
Richard M. Harris | Associate
ROGERS JOSEPH O'DONNELL | a Professional Law Corporation 311 California Street, 10th fl | San Francisco, CA 94104 415.956.2828 main | 415.956.6457 fax
[email protected] | www.rjo.com
Notice to recipient: This email is meant for only the intended recipients) of the transmission and may be privileged by law. If you receive this email in error, please notify us immediately. Do not print, copy, or disseminate it. Please delete the email from your system. Thank you.
From: Richard M. Harris <[email protected]>
Sent: Monday, August 21, 2023 6:08 PM
To: Janet Coleson <[email protected]>
Cc: Aaron P. Silberman <[email protected]>
Subject: Re: 79 Wood lane
Janet -
Please send me the contact information of the attorney while you are out of town. Because of this transition, We can wait until noon tomorrow before we will be moving forward.
Get Outlook for Android
From: Janet Coleson <[email protected]>
Sent: Monday, August 21, 2023 5:17:41 PM
To: Richard M. Harris <[email protected]>
Cc: Aaron P. Silberman <[email protected]>
Subject: RE: 79 Wood lane
Richard,
I'm out of the State until Thursday and able to check emails only in the evening. I will send this email onto another attorney in the firm for a response.
Thank you,
Janet
Janet Coleson
Partner
[email protected]
T: (925) 977-3319
bbklaw.com/un
From: Richard M. Harris < [email protected]>
Sent: Monday, August 21, 2023 12:12 PM
To: Janet Coleson <[email protected]>
Cc: Aaron P. Silberman < [email protected]>
Subject: RE: 79 Wood lane
CAUTION - EXTERNAL SENDER.
Janet:
I have begun preparing the writ, which we intend to file this week. However, I wanted to give one last chance to avoid litigation.
As I discussed below, the building official does not have the power to summarily suspend a permit just because the construction changes. But Mr. Friedman also has a vested property interest in the construction project, which cannot be taken away by the City summarily. At a minimum, he is entitled to notice and a hearing prior to taking away his right to construct the home. "In revoking a permit lawfully granted, due process requires that it act only upon notice to the permittee, upon a hearing, and upon evidence substantially supporting a finding of revocation." Trans-Oceanic Oil Corp. v. City of Santa Barbara (1948) 85 Cal.App.2d 776, 795. This is because "'Where a permit to [build] a building has been acted upon, and where the owner has, as in this instance, proceeded to incur obligations and to in good faith proceed to erect the building, such rights are then vested property rights, protected by the federal and state Constitutions." Id. at 796.
Courts continue to require that permit suspensions are afforded a notice and a hearing. In City of San Marino v. Roman Catholic Archbishop of Los Angeles, the court stated, "As in the Trans-Oceanic case, it is conceded in this case that the rectory permit was 'revoked' without prior notice and without a hearing. Therefore, since the permit was validly issued, the attempted revocation was a violation of due process and 'was inoperative and of no iegal force.' Furthermore, the attempted revocation of the permit by the building inspector by means of a letter to the defendants informing them that their permit would 'stand revoked, in a suspense file' was a complete nullity." (1960) 180 Cal.App.2d 657, 669. Note as well that San Marino shows that the notice-and-hearing requirement applies, whether it is "revoked" or "in a suspense file." Finally, because the Town exercised its discretion in finding the electrical system sufficient, providing the green lag is a ministerial task. Thompson v. City of Lake Elsinore (1993) 18 Cal.App.4th 49, 58.
If the City can reinstate the permit by the end of the day, and schedule a time to come and issue the green tag this week, we can avoid this costly litigation. | look forward to your timely response.
Richard M. Harris | Associate
ROGERS JOSEPH O'DONNELL | a Professional Law Corporation 311 California Street, 10th fl | San Francisco, CA 94104 415.956.2828 main | 415.956.6457 fax
[email protected] | www.rjo.com
Notice to recipient: This email is meant for only the intended recipient(s) of the transmission and may be privileged by law. If you receive this email in error, please notify us immediately. Do not print, copy, or disseminate it. Please delete the email from your system. Thank you.
From: Richard M. Harris
Sent: Tuesday, August 15, 2023 3:33 PM
To: Janet Coleson <[email protected]>
Cc: Aaron P. Silberman <[email protected]>
Subject: RE: 79 Wood lane
Janet:
I have reviewed the stop work order (and attached the copy | received for your reference). It purports to be an action under section 105.6 of the building code, which states in its entirety:
"The building official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate, or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code." (emphasis added)
Here, Mr. Lockaby has not found that the permit was issued based on "incorrect, inaccurate, or incomplete information," but instead that "the work being done is based on incorrect, inaccurate, and incomplete information." This is not a basis for suspension of a permit under the building code.
In fact, the building code contemplates that construction will be done that is inconsistent with the plans. Section 107.4 states that "any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents." When the construction does not meet the plans, the correct remedy is an amended set of construction documents, and the Town is not empowered to force the closure of the project simply because the amended plans have not yet been submitted.
Mr. Lockaby's decision is not an exercise of discretion, but an action contrary to law - as I discussed in our previous demand letter, this will make the City liable for damages.
To avoid further litigious action, please have Mr. Lockaby reinstate the permit as soon as possible. I would like to find a solution short of further litigation.
Richard M. Harris | Associate
ROGERS JOSEPH O'DONNELL | a Professional Law Corporation 311 California Street, 10th fl | San Francisco, CA 94104 415.956.2828 main | 415.956.6457 fax
[email protected] / www.rjo.com
Notice to recipient: This email is meant for only the intended recipients) of the transmission and may be privileged by law. If you receive this email in error, please notify us immediately. Do not print, copy, or disseminate it. Please delete the email from your system. Thank you.
From: Janet Coleson <[email protected]>
Sent: Tuesday, August 15, 2023 12:08 PM
To: Richard M. Harris < [email protected]>
Cc: Aaron P. Silberman < [email protected]>
Subject: RE: 79 Wood lane
Richard,
I haven't seen the notice. I'II check in with Mark.
I do believe, however, that it's past time for your client to stop doing whatever he wants and follow the direction provided. I am also hopeful that he starts demonstrating he can keep to verbal agreements and it doesn't take judicial intervention to resolve the matter. Hopeful, but given the history with your client, unfortunately, not all that optimistic.
Janet
Janet Coleson
Partner
[email protected]
T: (925) 977-3319
bbklaw.com /u
From: Richard M. Harris <[email protected]>
Sent: Tuesday, August 15, 2023 10:24 AM
To: Janet Coleson <[email protected]>
Cc: Aaron P. Silberman < [email protected]>
Subject: RE: 79 Wood lane
CAUTION - EXTERNAL SENDER
Janet-
Please let me know when we can expect a response. We would very much like to come to a solution short of further litigious action.
Thanks,
Richard M. Harris | Associate
ROGERS JOSEPH O'DONNELL | a Professional Law Corporation 311 California Street, 10th fl | San Francisco, CA 94104 415.956.2828 main | 415.956.6457 fax
[email protected] | www.rjo.com
Notice to recipient: This email is meant for only the intended recipients) of the transmission and may be privileged by law. If you receive this email in error, please notify us immediately. Do not print, copy, or disseminate it. Please delete the email from your system. Thank you.
From: Richard M. Harris
Sent: Monday, August 14, 2023 10:33 AM
To: Janet Coleson <)[email protected]>
Cc: Aaron P. Silberman <[email protected]>
Subject: RE: 79 Wood lane
Janet -
We are in receipt of the Town's draft suspending the permit at 79 Wood lane. Three of the four items listed are related to the ADU/JADU changes Mr. Friedman has done and must be ministerially approved. As for the front deck, and rather than discussing the letter point-by-point (and reserving all of Mr. Friedman's rights), we suggest that Mr. Friedman submit his plans showing the changes to the front deck to the planning department. Upon submission (not approval), the City will reinstate the permit and allow Mr. Friedman to continue work (including supplying a green tag should the project meet all electrical requirements) until and unless the Planning commission rejects Mr.
Friedman's plans.
Let us know if you agree so we can get the plans ready for submission.
Thanks,
Richard M. Harris | Associate
ROGERS JOSEPH O'DONNELL | a Professional Law Corporation 311 California Street, 10th fl | San Francisco, CA 94104 415.956.2828 main | 415.956.6457 fax
[email protected] | www.rjo.com
Notice to recipient: This email is meant for only the intended recipients) of the transmission and may be privileged by law. If you receive this email in error, please notify us immediately. Do not print, copy, or disseminate it. Please delete the email from your system. Thank you.
From: Richard M. Harris
Sent: Friday, August 11, 2023 3:05 PM
To: Janet Coleson <[email protected]>
Cc: Aaron P. Silberman <[email protected]>
Subject: RE: 79 Wood lane
Janet-
I find your response a bit confusing. On our phone call, you read to me an email you had received from Mark, which said in substance that green tags were being withheld in order to extract concessions from homeowners (such as forcing Coby to submit plans to the planning department according to your schedule). This whole week, Mark has not been responding to Coby's requests for a reinspection of the green tag - still there is no reason that the green tag was not provided when first inspected
Please advise.
Richard M. Harris | Associate
ROGERS JOSEPH O'DONNELL | a Professional Law Corporation 311 California Street, 10th fl | San Francisco, CA 94104 415.956.2828 main | 415.956.6457 fax
[email protected] / www.rje.com
Notice to recipient: This email is meant for only the intended recipients) of the transmission and may be privileged by law. If you receive this email in error, please notify us immediately. Do not print, copy, or disseminate it. Please delete the email from your system. Thank you.
From: Janet Coleson <[email protected]>
Sent: Tuesday, August 8, 2023 4:18 PM
To: Richard M. Harris <[email protected]>
Cc: Aaron P. Silberman < [email protected]>
Subject: RE: 79 Wood lane
Richard,
Respectfully, it's not my responsibility to resolve your client's issues. You and I both know he needs to submit (with appropriate fee) his application to back to the Commission to ask for approval of his currently unpermitted construction. I don't believe the electrical tag will be withheld for issues unrelated to the electrical.
Please contact me to discuss why a State licensed contractor is performing construction not in conformance with approved plans.
Thank you,
Janet
Janet Coleson
Partner
[email protected]
T: (925) 977-3319
bbklaw.com /u-
From: Richard M. Harris <[email protected]>
Sent: Monday, August 7, 2023 9:13 PM
To: Janet Coleson <[email protected]>
Cc: Aaron P. Silberman < [email protected]>
Subject: RE: 79 Wood lane
CAUTION - EXTERNAL SENDER.
Janet -
We are well past the deadline set forth in my letter. CFC's damages are accruing, including (but not limited to) inefficiencies for his construction, PG&E temporary power fees, and construction loan costs. I urge you to take this opportunity to work to resolve this issue before litigation becomes inevitable.
I look forward to your response.
Richard M. Harris | Associate
ROGERS JOSEPH O'DONNELL | a Professional Law Corporation 311 California Street, 10th fl | San Francisco, CA 94104 415.956.2828 main | 415.956.6457 fax
[email protected] | www.rjo.com
Notice to recipient: This email is meant for only the intended recipients) of the transmission and may be privileged by law. If you receive this email in error, please notify us immediately. Do not print, copy, or disseminate it. Please delete the email from your system. Thank you.
From: Richard M. Harris
Sent: Wednesday, August 2, 2023 10:33 PM
To: Janet Coleson <[email protected]>
Cc: Aaron P. Silberman <[email protected]>
Subject: RE: 79 Wood lane
Janet -
Just checking in. Thanks.
Richard M. Harris | Associate
ROGERS JOSEPH O'DONNELL | a Professional Law Corporation 311 California Street, 10th fl | San Francisco, CA 94104 415.956.2828 main | 415.956.6457 fax
[email protected] | www.rjo.com
Notice to recipient: This email is meant for only the intended recipients) of the transmission and may be privileged by law. If you receive this email in error, please notify us immediately. Do not print, copy, or disseminate it. Please delete the email from your system. Thank you.
From: Janet Coleson <[email protected]>
Sent: Friday, July 28, 2023 4:04 PM
To: Richard M. Harris < [email protected]>
Cc: Aaron P. Silberman < [email protected]>
Subject: RE: 79 Wood lane
Richard,
Mark Lockaby, the Building Official, is out until August 1. I won't be able to discuss with him whether the electrical system is in order, or extends to unpermitted construction, until that time. I will be back in touch with you shortly after August 1.
Thank you,
Janet
Janet Coleson
Partner
[email protected]
T: (925) 977-3319
bbklaw.com /uuu
From: Richard M. Harris <[email protected]>
Sent: Friday, July 28, 2023 3:50 PM
To: Janet Coleson <[email protected]>
Cc: Aaron P. Silberman < [email protected]>
Subject: 79 Wood lane
CAUTION - EXTERNAL SENDER
Ms. Coleson:
As you know, we represent Coby Friedman in his effort to complete his permitted construction project at 79 Wood Lane, in Fairfax (Project). Mr. Friedman requests that the City of Fairfax (City) provides him a green tag so he can hook up power to the new construction. As the City inspector has already found, the Project has met all of the requirements to receive this green tag.
As we discussed on the phone on July 21, Mr. Friedman contacted the City inspector to inspect his electrical system and issue a green tag. And though the City inspector determined that the electrical system is proper, he still withheld the green tag based on an unrelated dispute. The City and Mr.
Friedman disagree about when plan changes need to be submitted to the planning commission for approval, and the withholding of the green tag is being used as leverage to force Mr. Friedman to capitulate to the City's position. As I explained Mr. Friedman's position to you, you told me that it is "common practice" for the City to withhold the green tag to extract other things the City needs from a homeowner unrelated to the propriety of the electrical system.
After a City has exercised its discretion and determined that a party is entitled to an approval, withhold that approval for other reasons causes the City to be liable for damages. Thompson v. City of Lake Elsinore (1993) 18 Cal.App.4th 49, 58 (failure to provide a certificate of occupancy to extract unrelated concessions from homeowner entitled property owner to damages). That is exactly the situation here. The City has determined that the electrical system is proper, but is withholding the green tag in an effort to extract concessions on an unrelated dispute. As this dispute continues, Mr.
Friedman's damages only grow, including his temporary power costs, the loss of use of his home, and the inability to complete the Project.
Please confirm that the City will issue the green tag within 7 days. If the green tag is not issued, Mr.
Friedman will be forced to take further action. He expressly reserves all of his rights.
I look forward to your response.
Richard M. Harris | Associate
ROGERS JOSEPH O'DONNELL | a Professional Law Corporation 311 California Street, 10th fl | San Francisco, CA 94104 415.956.2828 main | 415.956.6457 fax
[email protected] | www.rjo.com
Notice to recipient: This email is meant for only the intended recipient(s) of the transmission and may be privileged by law. If you receive this email in error, please notify us immediately. Do not print, copy, or disseminate it. Please delete the email from your system. Thank you.
This email and any files or attachments transmitted with it may contain privileged or otherwise confidential information. If you are not the intended recipient, or believe that you may have received this communication in error, please advise the sender via reply email and immediately delete the email you received.
Exhibit 13
From: Janet Coleson
To: Richard M. Harris
Cc: Aaron P. Silberman
Subject: RE: 79 Wood Lane
Date: Wednesday, June 14, 2023 10:04:57 PM
Hello Richard,
Not exactly. Coby is constructing items that are not in accordance with approved plans. The Building Official has authority under the CA Bldg Code (adopted by the Town in Title 15) to issue a stop work order if construction is taking place that is not in conformance with approved plans and permits. The Building Official has the authority to issue or authorize the issuance of citations for violation of a stop work order. The Fairfax Building Official uses the Fairfax PD to issue infraction citations for violation of a stop work order. My understanding is that the citations are issued to anyone/everyone doing construction on the site.
The last time a stop work order was issued to your client (for this same construction site), I believe your firm filed a writ. I'm not trying to tell you how you should proceed, but there is no appeal to the Planning Commission or Town Council of a Building Official's stop work order issued under the authority of the CA Bldg Code. Coby's misplaced appeal and check will be returned to the address on the document. Submitting an application to the Planning Commission is the appropriate route to take to request a change to the plans (for items other than ADUs/ JADUs which are ministerially approved by the Building Official per the new State laws governing ADUs /JADUs).
I have calls until 2:30pm tomorrow. Please let me know if you'd like to talk after that time.
Thank you,
Janet
Janet Coleson
Partner
[email protected]
T: (925) 977-3319
bbklaw.com |C
From: Richard M. Harris <[email protected]>
Sent: Wednesday, June 14, 2023 11:15 AM
To: Janet Coleson <[email protected]>
Cc: Aaron P. Silberman <[email protected]>
Subject: RE: 79 Wood Lane
CAUTION - EXTERNAL SENDER.
Janet-
I am Aaron's colleague working on this matter. I understand that Coby has submitted, and the Town has accepted, his verified appeal and the $625 fee. The stop work order was issued because the Town contends some construction needed to be submitted to the planning commission, and was not. The rules of the planning commission are contained under title 17. Under title 17, the Town cannot enforce its stop work order until the appeal is resolved.
I am around all day today to discuss the issue if we can work out some kind of resolution which all the parties can live with. Please feel free to call me - my direct line is (415) 365 5306.
Thanks,
Richard M. Harris | Associate
ROGERS JOSEPH O'DONNELL | a Professional Law Corporation 311 California Street, 10th fl | San Francisco, CA 94104 415.956.2828 main | 415.956.6457 fax
[email protected] / www.rjo.com
Notice to recipient: This email is meant for only the intended recipients) of the transmission and may be privileged by law. If you receive this email in error, please notify us immediately. Do not print, copy, or disseminate it. Please delete the email from your system. Thank you.
From: Aaron P. Silberman <[email protected]>
Sent: Tuesday, June 13, 2023 4:42 PM
To: Richard M. Harris <[email protected]>
Subject: FW: 79 Wood Lane
From: Aaron P. Silberman
Sent: Friday, June 9, 2023 5:01 PM
To: Janet Coleson <[email protected]>
Subject: RE: 79 Wood Lane
Janet:
Let's find a time to talk on Monday.
In the meantime, in order to preserve his rights, Coby submitted an application to the Town Clerk today appealing the Order to Stop Work. A courtesy copy is attached.
Hopefully, when we talk, we can find some common ground here. It still appeared to me, from Mark and Coby's recent emails, that they were close to agreement.
Aaron
Aaron P. Silberman | Shareholder
ROGERS JOSEPH O'DONNELL | a Professional Law Corporation 311 California Street, 10th fl | San Francisco, CA 94104 415.956.2828 main | 415.365.5339 dd | 415.956.6457 fax
[email protected] / www.rjo.com
Notice to recipient: This email is meant for only the intended recipient(s) of the transmission and may be privileged by law. If you receive this email in error, please notify us immediately. Do not print, copy, or disseminate it. Please delete the email from your system. Thank you.
From: Janet Coleson <)[email protected]>
Sent: Friday, June 9, 2023 10:53 AM
To: Aaron P. Silberman <[email protected]>
Subject: Re: 79 Wood Lane
Aaron, I'm not able to discuss today as we have a high school graduation and accompanying events happening today. Coby has already gone beyond what is allowed/permitted and he is well aware of this. He has not agreed to stop, quite the opposite. He needs to stop work until this can be resolved.
If you have time on Monday, I think you and I should bring Mark into our conversation.
Janet Coleson
Partner
[email protected]
T: (925) 977-3319
bbklaw.com/uuu
On Jun 9, 2023, at 8:56 AM, Aaron P. Silberman < [email protected]> wrote:
CAUTION - EXTERNAL SENDER.
Janet:
When I sent you my last email yesterday, I did not know that Mark had red-tagged the site. As a result of the Town's action, it is urgent that you please respond to my questions below. Regardless of the basis for its position, would the Town be agreeable to lifting the red-tag if Coby agreed not to do any further work on the rear stairs (at least until we can resolve the issues there)?
Aaron
From: Aaron P. Silberman
Sent: Thursday, June 8, 2023 4:41 PM
To: Janet Coleson <[email protected]>
Subject: RE: 79 Wood Lane
Janet:
I agree that a call might be useful, but I need to talk to Coby first. Before I do that, I'd like to understand the City's position. Is there anything you can tell me in response to my questions below?
Aaron
Aaron P. Silberman | Shareholder
ROGERS JOSEPH O'DONNELL | a Professional Law Corporation 311 California Street, 10th fl | San Francisco, CA 94104 415.956.2828 main | 415.365.5339 dd | 415.956.6457 fax
[email protected] | www.rjo.com
Notice to recipient: This email is meant for only the intended recipients) of the transmission and may be privileged by law. If you receive this email in error, please notify us immediately. Do not print, copy, or disseminate it. Please delete the email from your system. Thank you.
From: Janet Coleson <)[email protected]>
Sent: Thursday, June 8, 2023 10:56 AM
To: Aaron P. Silberman < [email protected]>
Subject: Re: 79 Wood Lane
Aaron we should talk because Mark is telling me that Coby has constructed things that are not on the approved plans and not connected with ADU/JADU that Mark has authority over. Mark says there are many workers onsite attempting to finish as much as possible as quickly as possible. I believe Coby needs to stop until this gets straightened out. He cannot just submit plans to the Assessor after it's all built as he says he's going to.
Janet Coleson
Partner
[email protected]
T: (925) 977-3319
bbklaw.com/_-
On Jun 8, 2023, at 10:49 AM, Aaron P. Silberman < [email protected]> wrote:
CAUTION - EXTERNAL SENDER.
Hi, Janet.
It looks like the numbering is off in the forwarded email. Are you referring to the second item (starting with "A portion of the top floor ...")? Any others?
Re the second item, I'm a bit confused, and it looks like Coby is too, particularly about the following sentence from Mark: "We believe the JADU can proceed however the enclosure of the deck, and exterior stairway must go to the planning commission for approval." Since Coby responds that the deck enclosure is done, the only remaining work issue | see is the exterior stairway. Is that the City's view too? Re the exterior stairway, is the City's position that (a) the exterior stairway is not related to the JADU and so must be submitted and approved by the PC (as opposed to administrative review by Mark); (b) it is related to the JADU but nevertheless must be submitted and approved by the PC; or (c) something else?
Thanks in advance for any help you can provide me to understand where the City stands on this.
Aaron
Aaron P. Silberman | Shareholder
ROGERS JOSEPH O'DONNELL | a Professional Law Corporation 311 California Street, 10th fl | San Francisco, CA 94104 415.956.2828 main | 415.365.5339 dd | 415.956.6457 fax
[email protected] | www.rjo.com
Notice to recipient: This email is meant for only the intended recipient(s) of the transmission and may be privileged by law. If you receive this email in error, please notify us immediately. Do not print, copy, or disseminate it. Please delete the email from your system. Thank you.
From: Janet Coleson <[email protected]>
Sent: Thursday, June 8, 2023 8:09 AM
To: Aaron P. Silberman <[email protected]>
Subject: Fwd: 79 Wood Lane
Mr. Silberman,
This is your client's response. He must stop any work that needs to be approved by the Commission. He needs to submit an application for PC.
The Town has been more than accommodating.
Thank you,
Janet
Begin forwarded message:
Janet Coleson
Partner
[email protected]
T: (925) 977-3319
bbklaw.com /uu-
From: Mark Lockaby <[email protected]>
Date: June 8, 2023 at 6:32:46 AM PDT
To: Janet Coleson <[email protected]>
Subject: FW: 79 Wood Lane
CAUTION - EXTERNAL SENDER.
FYI
Thanks,
Mark Lockaby
Building Official
Town of Fairfax
142 Bolinas Road
Fairfax, CA 94930
415-458-2370
From: Coby Friedman <[email protected]>
Sent: Wednesday, June 7, 2023 9:40 PM
To: Mark Lockaby <[email protected]>
Subject: RE: 79 Wood Lane
Hi Mark,
My answers and comments are in red below.
Thanks,
Coby Friedman
CF Contracting, Inc.
Tel. 415-310-5442
Fax. 415-296-6437
From: Mark Lockaby <[email protected]>
Sent: Wednesday, June 7, 2023 9:21 AM
To: Coby Friedman <[email protected]>
Subject: FW: 79 Wood Lane
Coby,
During a requested framing inspection I noticed that there were several changes to your approved plans. You
submitted new plans for the current design. The changes are either shown on the plans, or have been started as follows:
1. A portion of the basement is shown to be an
accessory dwelling unit, with an addition to meet
egress requirements for the bedroom. We believe this
can proceed.
Thank you
1. A portion of the top floor has been prepared to be a junior accessory dwelling unit, including enclosing an
upper deck, and the addition of an exterior stairway.
We believe the JADU can proceed however the |
enclosure of the deck, and exterior stairway must go
to the planning commission for approval. No work can
proceed on the rear stairs or enclosed area until
planning commission approvals are obtained.
Additionally there will be a deed restriction required
stating that the home is to be owner occupied (State
Law).
The ~50 SF rear deck has already been enclosed, the
rough plumbing, electrical and HVAC work has been
done. The only remaining work to do there is
drywall and paint. Since you said that you believe
the JADU can proceed and the remaining work (i.e.
drywall, paint and the access stairs in the back) is all being done for the JADU, I'll proceed with that work.
1. A portion of the of the basement is shown as
additional living space (office) for the main residence.
You have agreed to remove this from the plans, or
seek approval from the planning commission.
I agree to remove the "Office" and designate it as
storage space.
1. A rear deck is shown at the rear of the structure at ground level. You have agreed to remove the deck
from the plans, or seek approval from the planning
commission.
I agree
1. The front low roof is shown as being eliminated, and a deck above a portion of the lower floor even with the
top floor is shown. This must go to the planning
commission for approval. No work can continue
further with the deck until planning commission
approval is obtained.
The roof deck has already been constructed and
water proofed with epoxy coating. The only work
remaining to do there is the railings which you've
okayed me to install safety railing.
1. The new plans show a garage without out the ADU
that was shown on the previously approved plans. The
limit for the parcel is the main house, 1 ADU, and 1
JADU. In the future the garage cannot be converted to
an ADU, or have an ADU added to it (unless state laws
change).
I agree
1. You agreed to be cordial during any interactions with town staff, and the planning commission.
I'll try my best
At this point only foundation inspections, and under slab plumbing inspections have been completed. At some point very soon framing, plumbing, mechanical, and electrical inspections will need to be scheduled and passed before any work can continue.
Please update your new plans to reflect the agreed upon deletions, and work with the planning department for the changes that need planning commission approvals.
I let you know that if any work is continued in the areas that need planning commission approvals a "Stop Work" order
will be issued
I intend to submit plans showing the changes when the
project is done and for the County Assessor's purposes only, so the property can be assessed for tax purposes. If you'd like to show the plans to the Planning Commission then be my guest. However, I don't agree that the Planning
Commission should have anything to do with any work or
changes relating to the ADU or JADU or with any other
changes so long as the house complies with all the zoning standards.
Please let me know if you have any questions regarding this matter.
Regards,
Mark Lockaby
Building Official
Town of Fairfax
142 Bolinas Road
Fairfax, CA 94930
415-458-2370
This email and any files or attachments transmitted with it may contain privileged or otherwise confidential information. If you are not the intended recipient, or believe that you may have received this communication in error, please advise the sender via reply email and immediately delete the email you received.
Exhibit 14
From: Coby Friedman
To: Mark Lockaby
Subject: RE: 79 Wood Ln. Green tag
Date: Friday, August 25, 2023 11:42:30 AM
Mark:
Thank you for meeting with me today. While we talked, you told me that the City attorney, Janet Coleson, had instructed you not to release the green tag for the meter. I told you that because the electrical system is acceptable, there is no legal basis for withholding the green tag. I told you that Janet had told my attorney the same thing. You also told me that the new Planning Director instructed you to contact the CSLB, and that you forwarded my email from this morning to him and to Janet. As I requested in my previous email, if you do contact the CSLB the contact information for my attorney so he can explain why I'm not doing anything wrong.
You also told me that the changes you put in your permit suspension letter are so minor that they'l most likely get approved. I told you that I want to submit all of my changes when I'm done making them because I don't want you to stop me again for minor changes.
I am still hopeful that the City will issue the green tag, as there is no legal basis for withholding it.
Thanks.
Coby Friedman
CF Contracting, Inc.
Tel. 415-310-5442
Fax. 415-2966437
From: Coby Friedman <[email protected]>
Sent: Friday, August 25, 2023 8:02 AM
To: Mark Lockaby <[email protected]>
Subject: RE: 79 Wood Ln. Green tag
Mark:
I was entitled to the green tag when you did the inspection and cleared the house. You cannot withhold it now just because you have tried to suspend the permit based on wholly unrelated issues. And as my lawyer explained, you cannot suspend my permit without notice and a hearing where I get to provide evidence. Since there is no notice and hearing, then your "suspension" of the permit has "no legal force."
Please have your contact at the CSLB contact my attorney, Richard Harris at [email protected]. He can explain these issues and make clear that I am an owner-builder of my own house, so there's no "consumer" for the CSLB to protect except me.
Thanks,
Coby Friedman
CF Contracting, Inc.
Tel. 415-310-5442
Fax. 415-296-6437
From: Mark Lockaby <[email protected]>
Sent: Friday, August 25, 2023 6:35 AM
To: Coby Friedman <[email protected]>
Subject: RE: 79 Wood Ln. Green tag
Coby,
I will not be releasing the meter until the building permit is reinstated. We have requested assistance from the Contractors State License Board. They responded immediately and conveyed that they consider contractors ignoring Stop Work Orders as a high priority.
Regards,
Mark Lockaby
Building Official
Town of Fairfax
142 Bolinas Road
Fairfax, CA 94930
415-458-2370
From: Coby Friedman <[email protected]>
Sent: Wednesday, August 23, 2023 4:36 PM
To: Mark Lockaby <[email protected]>
Subject: 79 Wood Ln. Green tag
Mark,
Please let me know if janet has cieared you to post the green tag for the electrical service.
Thanks,
Coby Friedman
CF Contracting, Inc.
Tel. 415-310-5442
Fax. 415-296-6437