HomeMy WebLinkAboutX2019-1955 - Accessibility Hardship RequestX2o�� -1G15�
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CITY OF NEWPORT BEACH
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F ` COMMUNITY DEVELOPMENTDEPARTMENT'N 'd
BUILDING DIVISION
100 Civic Center Drive I P.O. Box 1768 1 Newport Beach, CA 92658
"rxr www.newportbeachca.gov 1 (949) 644-3200 Crr
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DOCUMENTATION OF UNREASONABLE HARDSHIP — ($324.00)
❑ FINDING OF UNREASONABLE HARDSHIP FOR PROJECTS
UNDER $166,157* CBC 1113-202.4 - EXCEPTION: 8
(—FILL OUT PAGE 2'")
FINDING OF TECHNICAL INFEASIBILITY FOR PROJECTS
PER CBC IIB -202.3 - EXCEPTION: 2 (*""FILL OUT PAGE 3'-)
A. JOBADDRESS: 20331 Irvine Ave
SUITE N0. E 6/7
B. Property Owner: Jetty 1010, LLC
Address: City
State: Zip: Phone No.
C. Applicant: Carne Wright
Position/Relationship: Architect/ PM
Address: City
State Zip Phone No.: 949-683-3984
Case No.: el I
N-2019- qt
Proiect Information:
P/C. A. /#�Z%-ml /
Permit # X 90#7 - / 95—
Use: 0FFJ6.C_
Stories:
verit-led by:
Receipt #
Distribution:
0 Owner
*t�L Petitioner
1A PIC Eng
❑ inspector.
❑ Other
An unreasonable hardship exists where the cost of providing an accessible entrance, path of travel,
sanitary facilities, public phones, drinking fountains, etc. exceeds 20% of the cost of the project
without these features.
When the total construction cost of alterations, structural repair or additions do not exceed a
valuation threshold of $166,157, the actual work of the project must comply with current code and an
amount equal to at least 20% of the cost of the project must be spent to improve required
accessibility features that are not in compliance with current code.
In choosing which accessible elements to provide, priority should be given to those elements that will
provide the greatest access, by providing code compliance in the following order:
1. An accessible primary entrance.
2. An accessible route to the altered area.
3. At least one accessible restroom for each sex.
4. Accessible public telephones (when provided).
5. Accessible drinking fountains (when provided).
6. When possible, additional accessible elements such as additional parking, storage and alarms.
If you want to request an unreasonable hardship, you must complete the attached worksheet,
and prepare a site and floor plan of the existing and proposed accessibility improvements.
This information must be submitted to the Building Division in duplicate, prior to processing of your
permit application. One copy of the approval or denial will be returned to the applicant.
FormsWardship 01/10/2019
Address: 20331 Irvine Ave. Pic #: 1421-2019
1. Total Cost of Construction contemplated (not including disabled access work) $ 375,000.00_
Identify the accessibility features, which will NOT be brought into compliance if the request is r_ &
granted. Provide an estimate of the cost of compliance for each item. "f a loll` tp1C,
M Path of travel to entrance (ramps, walks) ........................................ $ -� g@p;tj@ ,
❑ Path of travel to altered area(s)........................................................... $
❑ Sanitary facilities (restrooms)............................................................ $
❑ Parking............................................................................................... $
❑ Drinking fountain(s)............................................................................ $
❑ Accessible phone(s)........................................................................... $
❑ Accessible signage............................................................................ $
❑ Other.................................................................................................. $
Total cost of providing compliance:. $ 2,000,000.00
Identify the accessibility features and equivalent facilities, which will be provided or brought into
compliance as required by Code. Provide an estimate of the cost of each item.
a. 2 ADA restrooms_ $ 60,000.00
b. New Entry ramp $ 32,000.00
C. $
d. $
e. $
f. $
Total: $ 92,000.00
2. Technically infeasibility — if applicable complete Page 3 of this application
3. Fill out this section if the path of travel from the disabled parking spaces to the tenant
space is not accessible. List projects (tenant improvements, additions, remodels, etc.)
performed within previous three years where no disabled access improvement was performed in
conjunction with the project. State description, date, and cost.
The applicant understands that although the City may approve this request of unreasonable
hardship and the proposed equivalent access, the City reserves the right to require additional
access compliance] upon receiving a complaint of inadequate access at this location.
Cp7jcants
licants Name orAufhgnd epesentahve) (Date)
5.
Signature) (Date)
rn/�F�OR CITY USE ONLY
Approved
Ll By: I/
(�kr auil ing tficiaQ (Date)
*The $166,157 is based on $50,000 in 198A1&s of January 1, 2019.
CHIEF BUILDING OFFICIAL
FormslHardship 01/102019 2
Address: 20331 Irvine Ave P/C #. 1421-2019
TECHNICALLY INFEASIBLE. An alteration of a building or a facility that has little likelihood of
being accomplished because the existing structural conditions require the removal or alteration
of a load-bearing member that is an essential part of the structural frame, or because other
existing physical or site constraints prohibit modification or addition of elements, spaces or
features which are in full and strict compliance with the minimum requirements for new
construction and which are necessary to provide accessibility.
Describe why the nature of accessibility is technically infeasible:
Section 11B-202.4 CBC requires and accessible route from the public right of way to the entry
to the entry door of unit E6/7, but the site's physical constraints and legally required drive
and Fire access aisles with site slopes restrict the site's compliance..
;-2 7/29 O
Describe how equivalent facilitation will be provided:
We have provided the following equivalent facilitation at our Tenant's condo unit E6/7
New ramp and handrails from accessible parking to front entry/lobby
Accessible path from entry/lobby to accessible restrooms
And therefore this site should be considered vehicle accessible only per 1113-206.2.1, exception 2.
Forms\Hardship 01/07/2020 3
TECHNICAL INFEASIBILITY NARRATIVE
LEGAL CONSTRAINTS
PER THE ATTACHED PAGES FROM THE CC$R SECTION 6.20 RIGHT TO D15ABLED (SEE SHEET
AS -1.2), TENANT IS RESPONSIBLE FOR PROVIDING AN ACCESSIBLE PATH WITHIN THE ASSOCIATION
TO THEIR FRONT DOOR. FINDIN(55: NO LEGAL CONSTRAINTS EXIST.
PHYSICAL CONSTRAINTS
I. PER SECTION I6206.2.1 WE NEED TO PROVIDE AN ACCESSIBLE PATH OF TRAVEL FROM THE
ENTRANCE OF THE TENANT'S SPACE TO THE PUBLIC RIGHT OF WAY. FINDIN65: DUE TO THE
EXISTING TOPO/GHAN6E IN GRADE OF APPROX. 6'-0" AT THE FRONT DRIVE AISLE, AND THE
LANDSCAPE AREA BETWEEN THE SIDEWALK AND THE DRIVE AISLES APPROX.. i'-0" WIDE THAT
DOES NOT PROVIDE ENOUGH ROOM TO WORK WITH WHICH WILL NOT ALLOW US TO PROVIDE AN
88'-0" RAMP INCLUDING LANDIN65 AND SWITCHBACKS WITHOUT ENCROACHING INTO THE
EXI5TIN6 PARKINS AND DRIVE AISLE AREAS.
2.THE AREA IN FRONT OF BUILDING 'F' HAS AN EXISTING CURB GUT AND 48" WIDE WALKWAY
ALONG THAT FRONT THAT MEETS CURRENT CODE REWIREMENT5. HOWEVER, WHEN YOU TURN THE
CORNER WHERE THE COLUMN 15 LOCATED IT TAKES A STEEP SLOPE DOWN TO ALLOW FOR A 6"
HI6H CURB TO THE PARKING AREA.
B.ALON6 SIDE BUILDING 'F' THERE 15 AN EXISTING ELECTRICAL TRANSFORMER AS WELL AS THREE
LARGE, MATURE, EXISTING TREES ON THE SIDE OF THE TRANSFORMER WHICH PROHIBITS U5 FROM
PROVIDING A WALKWAY AND CURB GUT, THUS PROHIBITING U5 FROM CONNECTINS THE
SIDEWALKS/AGGESSIBLE PATH OF TRAVEL FROM BUILDING 'F' TO BUILDIN6 'E'.
4.THE AREA IN FRONT OF BUILDING 'E' HAS AN EXISTING 48" WIDE WALKWAY THAT LEADS TO
INDIVIDUAL RAMPS UP TO THE EXISTING BUILDING/SUITE ENTRANCES,
5.THERE 15 THE EXISTING SANTA ANA DELHI CHANNEL THAT 15 OWNED BY THE COUNTY THAT HAS A
STEEP GRADE DOWN TO IT, PREVENTING US FROM CREATING AN AGGESSIBLE PATH OF TRAVEL
AT THAT LOCATION OF THE SITE.
67HE EXISTING DRIVE A15LE PER PUBLIC WORKS STANDARDS FOR THE CITY OF NEWPORT BEACH
5TD-805-L-A AND 5TD-805-L-5 NEEDS TO BE A MINIMUM OF 26' WIDE FOR FIRE TRUCK AND
TWO-WAY DRIVE ACCESS. THE DRIVE AISLE IS CURRENTLY AT ITS MINIMUM DIMENSION THUS
PROHIBITING US FROM ENCROACHING INTO THAT DRIVE AISLE WITH A NEW SIDEWALK.
-I.THE EXISTING GRADES OF THE PARKING LOT ARE GREATER THAN 2% THUS PROHIBITING US
FROM STRIPING AN AGGE550LE PATH OF TRAVEL FROM ONE EXISTING SIDEWALK TO ANOTHER.
STATEMENT: BASED ON OUR FINDINGS AT THE SITE, THIS TENANT'S CONDO, E6 AND E-!, 15
RENDERED A VEHICLE ACCESSIBLE 51TE ONLY IIB -206.2.1 EXCEPTION 2.
WE HAVE PROVIDED THE FOLLOWING EQUIVALENT FACILITATION AT OUR TENANT'S LOCATION:
• NEW RAMP AND HANDRAILS FROM ACCESSIBLE PARKING TO FRONT ENTRY/LOBBY
• ACCESSIBLE PATH FROM ENTRY TO ACCESSIBLE RE57ROOMS.
D BY
FIRSTAMERiC NuTITLE CO.
NATIONAL COMMERCIAL SERVICES
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
ALLEN, MATKINS, LECK, GAMBLE . .
MALLORY& NATSIS LLP
501 West Broadway, 15th Floor
San Diego, California 92101-3541
Attention: Lynn Borkenhagen
\10- S - 81'70'1 S -
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
111I1 I I$11 III 111111111111111 1��j IIIII IflI I1111 11I11 X11111111111111111195.00
* $ R 0 0 0 8 9 4 8 5 3 0 $
2016000651685 2:59 pm 12122116
47 NC -5 D02 S13 F14 60
0.00 0.00 0.00 0.00 177.00 0.00 0.00 0.00
(Space Above For Recorder's
AMENDED AND RESTATED
DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS OF
THE JETTY AT NEWPORT BEACH
831593.08ISD
129810-00043112-21-18/la0/rch
6.18 Animals. Not more than a total of two (2) dogs shall be permitted to be maintained
in any Condominium. Animals belonging to Owners, residents or Invitees in the Project must be
kept in the Unit and shall not be left unattended in any Exclusive Use Area; provided, however,
when outdoors, animals must be kept under the control of a person capable of controlling the
animal either on a leash or other appropriate restraint. Furthermore, each Owner shall be
absolutely liable to each and all other Owners, residents and Invitees for damages or injuries
caused by any animals brought to or kept in the Project by an Owner or its Invitees. Each Owner
shall immediately remove any excrement or clean other unsanitary conditions caused by such
Owner's animals on any portion of the Project. Notwithstanding the foregoing, the Association
Rules may further limit or restrict the keeping of dogs. The Board shall specifically have the power
to prohibit the keeping or maintenance of any animal, which, in the opinion of the Board, after
Notice and Hearing, is deemed by the Board to constitute a nuisance to any other Owner in the
sole and exclusive opinion of the Board. Notwithstanding the foregoing, trained dogs used for
assistance by visually impaired, hearing impaired or physically handicapped persons may be kept
in the Project. No other animals, reptiles, insects or birds of any kind shall be raised, bred, or
kept in any Condominium or in any portion of the Project. No animal may be left in the Project
overnight.
6.19 Mechanic's Liens. No Owner may cause or permit any mechanic's lien to be filed
against the Project for labor or materials alleged to have been furnished or delivered to the Project
or any Unit for such Owner, and any Owner who does so shall immediately cause the lien to be
discharged within five (5) days after notice to the Owner from the Board. If any Owner fails to
remove such mechanic's lien, the Board may discharge the lien and charge the Owner a Special
Assessment for such cost of discharge and all related costs and overhead.
6.20 Rights of Disabled. Subject to the provisions of Article 5 and Article 7, each
Owner may modify its Condominium and the route over the Association Property leading to the
front door of its Condominium, at its sole expense, to facilitate access to its Condominium by
persons who are visually impaired, deaf or physically disabled, or to alter conditions which could
be hazardous to such persons in accordance with California Civil Code Section 6714 or any other
applicable law.
6.21 Access Restrictions. Owners and Invitees shall not at any time or for any reason
whatsoever enter upon or attempt to enter upon (i) the roof of the Project; (ii) janitor and utility
closets and rooms and (iii) utility chases and plenums, without the prior approval of the Board.
Notwithstanding the foregoing and subject to obtaining prior approval of the Board, individuals
authorized as approved HVAC, antenna and/or solar energy system maintenance contractors by
the Board may access the roof area for the limited purpose of maintaining, repairing or replacing
the HVAC, antenna and/or solar energy system equipment servicing an Owner's Unit. This
Section shall not apply to any Building wherein all the Units are owned by a single Owner.
6.22 Storage Spaces. So long as all the Units in Building A are owned by a single
Owner, such Owner may assign or lease the Building A Storage Spaces to Lessees of Units within
Building A. The conveyance of any Condominium in Building A by such Owner shall automatically
terminate any such lease. Upon the date on which there are multiple Owners of Units within
Building A, the Building A Cost Center Committee shall have the right to assign the Building A
Storage Spaces to Owners or Lessees of Units within Building A. Building A Storage Spaces
shall be used -only for the storage of personal property. In no event shall the Building A Storage
Spaces be used for the storage of any hazardous materials or any other noxious, toxic, or odorous
substances.
831593.08/SD
12981a00043N2-21-18/lab/tch -28-