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NAME - ADDRESS OF PROPOSED FACILITYYRMIT # - � Lido Isle Commu)' Assn.Lido-Isle Bride&U-*_1 id.o Soud ` MAILING ADDRESS . TELEPHONE NO.. - FEE . NO. DATE 875 B W. 15th. Street 548-$200`i��_-._2-27-96 APPROVED BY: DATE APPLICATION IS HEREBY MADE FOR A HARBOR PERMIT 3OX f o r OCHD XNXYVxxqxx Maintenance Bredging ❑ AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF ENGR - NEWPORT BEACH PERMIT -POLICIES AND THE ATTACHED DRAWING F-1BY Shellmaker Inc • - COMPANY COUNCIL 7,,, '+, G PUBLIC WORKS ElDATED - FebrlAarY 2,/ry , 1996 _ DEPT. ❑ DATE L 1' e r uar 27 1 ESCROW INSPECTION D SIGNATUR d w El SPECIAL CONDITIONS: CITY OF NEWPORT -BEACH, CALIF. \ WX FORM 68-1010 1: Print Form ` HARBOR RESOURCES DIV. Worksheet for Combo Building & Solar PerG 1�1517._% jW Comm1 J` Residential _ NOTE: City of Newport Beach - Building Division PLAN CHECK FEES DUE AT TIME OF SUBMITTA�` <,FORN"Z111` Building r Grading F—Drainage F_ Elec Mech (" Plum Cu Yd Cut3 lCu Yd Fill Project Address (Not mailing address) Flood J� Fire r- Liq r Landslide FN/A Floor Suite No v2) F Description of Work Use Const Type F # Stories # Units (if Res) Valuatio $ Material/Labor %o (90o ov _ Remodel SF 1 Garage/New/Add OWNER'S NAME Last r.; vo Fa. 3 � � ���� � , � �� t �Y� Owner's Address �.� Owner's E-mail Address j CityI Ls, �j j State � - ZipT24�j Telephone- -: I B A APPLICANT'S NAME Last Firstf Applicant's Address Applicant's E-mail Address City =��, State I t—?`°` Zip �j� Telephone������ ARCHITECT/DESIGNER'S NAME Last First Lic. No. Architect/Designer's Address Arch itect/Designer's E-mail Address City State F Zip F Telephone ENGINEER'S NAME Last a��% First Lic. 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ASSOCIATES, P R= m. =1 � SEAWALL LOCATED AT. 201 VIA LIDO SOU OWNER / APPLICANT LIDO ISLE COMMUNITY ASSOCIATION SMA CONSULTING STRUCTURAL ENGINEERS NEWPORT BEACIHDCA 92663 701 VIA LIDO SOLID :Z_ NEWPORT BEACH, CA 92663 GEOTECHNICAL RECOMMENDATIONS ./22/1a N dw o g C P uP m ` a�C a h; c wx n j.Ee xl 3 aa� so �. 7,2 ./zr w _ I II I O Igo t. tn.�m 1- O !T it I y a k 8 1 1 m !A co `y T 70� ^;/-- / FS 67 Fd 6y9 I 9 ljm z 1 yI s7,4 ri11T a' m r £ v m • F I- hlw .. �� � � IVti� .6.39 5�d •�v/' Y,; '/<�. ;iS IU�Z lu 5qI� 4 ff yD -------------- 01 01% - w 3 �C- _ 10 I i�il�zFrfS�'\- 'n•�.. yrl' tl pp Ftp, II 1 ). I I PROP" 0 REPAIR OF THE DISTRESSED JIB OWNER / APPLICANT 0 P' Ph'NOV WILLIAM SIMPSON CRANE PODNDATNIN A 9EAIN wDATED AT. s & ASSOCIATES, INC.201 VIA uBo soup LIDO ISLE COMMUNITY ASSOCIATION o µ s CONSULTING STRUCTURAL ENGINEERS NEWPORT BEACH, CA 92663 701 VIA LIDO SOLID $'1 NEWPORT BEACH, CA 92663 oux�0.2/IJ saew `Is^sl a - AS-BUILT SITE PLAN FOR REFERENCE X m I- `n �P I-I' � � v.!•�in �8 I^ -a� $8 $^ 1L R �' . ^aY 19 s 0— Vx eAi _5S� 8 ? A;; €€ '0'F ' " a-9 YPy IN ^ zm -Sa q.. - nN. - e :� E ,E'0=€'- -- - h ASSOCIATES, INC. ON 9R: _ a A` Oe- mA 6a R A, £ mz-oi 3xz•~T~.a e'n3q 3' .. i E gR�� r,'yi Irm ' I\ 11v 3� Isle="m 1019 � z d-_' m ^ �/ 701 VIA LIDO SOUO eTu _ Im I/ J=_____ -__-E i NEWPORT BEACH, CA 92663^ f� n/zzh� 9B'0 `191 i1w - AS -BUILT PT SLAB DETAILS FOR REFERENCE baa A -11 "'LL 1511 AA N I _ 'ice __ _- ��_ �. •I v _ It- si _ --1.DO $.QAT GARDENi Franklin Reinforcing Steel Co.,Inc. 4239-1p, I-I' 'aa.12 'M _,nae �2 as - ��^ �^ �8 I^ -a� $8 $^ 1L R �' . ^aY € m - ^'•: Rz_E _ +oz Vx eAi _5S� 8 ? A;; €€ '0'F ' " a-9 n IN ^ zm -Sa q.. - nN. - e :� E ,E'0=€'- -- - h ASSOCIATES, INC. ON 9R: _ a A` Oe- mA 6a R A, £ mz-oi 3xz•~T~.a e'n3q 3' .. i E gR�� SR :42^0= d-_' m ^ 201 VIA LIDO Bo00 NEWPORT BEACH, GA 92663 701 VIA LIDO SOUO eTu _ NEWPORT BEACH, CA 92663^ - n/zzh� 9B'0 `191 i1w - AS -BUILT PT SLAB DETAILS FOR REFERENCE baa A AA si _ --1.DO $.QAT GARDENi Franklin Reinforcing Steel Co.,Inc. 4239-1p, - oR 'aa.12 'M _,nae �2 as - ��^ �^ x aE I^ -a� 3 € B gra € ,,, € m - ^'•: Rz_E _ +oz Vx __ �',3^ie 8 -ter. n1w, W- me^ N, 5' Aaz �s -- - h ASSOCIATES, INC. ON mT;�m n _ a A` Oe- mA 6a R A, £ mz-oi 3xz•~T~.a e'n3q 3' .. i E gR�� SR :42^0= d-_' m ^ 201 VIA LIDO Bo00 NEWPORT BEACH, GA 92663 701 VIA LIDO SOUO eTu _ si _ --1.DO $.QAT GARDENi Franklin Reinforcing Steel Co.,Inc. 4239-1p, a?RF 'mz- x aE 111 P EO RUM OF THE 018TREeBm - -a� A ^-x € B gra € 8a �.�,� � F� Sap! 6-0 AS 32z F a 8Te -zsa- me^ rF-MMA �s k h ASSOCIATES, INC. z '� ^ zMA A` Oe- mA 6a R A, £ mz-oi 3xz•~T~.a e'n3q 3' .. i E gR�� SR :42^0= d-_' m ^ 201 VIA LIDO Bo00 NEWPORT BEACH, GA 92663 701 VIA LIDO SOUO eTu _ NEWPORT BEACH, CA 92663^ - n/zzh� 9B'0 `191 i1w - AS -BUILT PT SLAB DETAILS FOR REFERENCE baa A si _ --1.DO $.QAT GARDENi Franklin Reinforcing Steel Co.,Inc. 4239-1p, ➢oaF to n x aE 111 P EO RUM OF THE 018TREeBm - - _ _ _ - _ - _ 20 - - - - pflRpy 6-0 WILLIAM SIIMPSON exu+E Fo AM: A SEAWALL L8.9CT- Ar. - A' rF-MMA �s k h ASSOCIATES, INC. 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CONSULTING STRUCTURAL ENGINEERS PROPOSED REPAIR 01 TRE DI.TREBBED JIB CRANB FOOx0AT10R 8 BEAdALL LOCATED Ar. 201 VIA LIDO SOUD NEWPORT BEACH, CA 82663 OWNER / APPLICANT LIDO ISLE COMMUNITY ASSOCIATION 701 VIA LIDO SOUD Q o ICIAs ®,® �o3/2x/IJ `S-6 u `'LY./ ✓ Ha�t+�'� n�re�s� PLn�sI: sicca r(a,$)� - NEWPORT BEACH, CA 92663 EROSION CONTROLjl�'°�e.^�,,..vA�� o 1> o $ L E m ITT I Z � �s } y y z - a �5 2�2 _fib P6 � —k �s m =s 2' o D N mC, 'no 9 m 5 C z 0 ,i S o9 v� sm o �" s l" -- - rn I z mz - rif fil } i djp810omhfli" 3 6 1 MH 4ISSSSIY = ae 3 H ppppC 8 t ' m� Ar 3 $ Y7 Elq I g F I t F { yP 1 8 ^ 04 i m< G y N O b� 5x6 g z N i � ° D i zea o 6) ZILI b a3aYIE'x' ND N r /� 2Ca.�o •1 Ys; Izx cn 0&1 xTY=�i YTa g 3. n1 irs n 6161 �N PY gi3j iaE�Ea'il Z_ O�ITI�alx 1O° 4239-1 PROPOEm REPAm W TRE m—sam dm OWNER / APPLICANT 0 P' PflflOV WILLIAM SIMPSON cRAm=_ FammAno� A EEA LOCATm AT. � a vii & ASSOCIATES, INC. 201 VLA LIDO SOUR LIDO ISLE COMMUNITY ASSOCIATION o CONSULTING STRUCTURAL ENGINEERS NEWPORT BEACH, CA 92663 701 VIA LIDO SOLID $-% u PIP.�I�a-s9zs NEWPORT BEACH, CA 92663 -- ��hT apex d.i1�T - (E) GANGWAY SITE PLAN FOR REFERENCE ®.�� _ o m - „6 R ea�<Bx<o$4t=-'�' z mQ z zrA o i =_ z� s o C) m 6'-8' MIN R z _______T10 _ gQ i 52 R 9 r z 12=J sig- (A g z ��=xN9ao Ytg Qm!'I$ n pF=�=� z a am" �8e� � a 8 -o g 2A yy =❑�8 r AIF V^ = o T s 31 3 S 4 m z r- 31, M 0 m 0 s r z z 42'-0• �8 <g -'----------- 1 I I I -------------------------------AI 1 i I i I Fvc --- ------J_—�—�__J___�__�__J___ n I 71, I 11 I i I I 1 II II I iso II II II i I 1 1 II os� II II / V 11 II IYYI 1 1 n II II II 11 11 I Il ill I 1 I i ® 11 II 11 II f JI JII _Z -� Pr----, 'z D. it '' ' r�E JI I 11z II111 Inl ;1 n Inl 1 a _ �� 11 0 i i 111i � 1 I ® o Ii o ii �g �I ' II I I z o 11711 i`. 1 11 IL ---------_ I~- _-P ` 6 —oN 1 1�--- --� f-- ------ `---- In1 411 Inll 11 11 I I I// f mo m mo �- 2'5'2 may_y dg m' iI, I i Ii lam ry p 1 e `. ' \ AD oy g nm (D=" 16'-0• Mlx star_ IJNcIx �> II 111 1 `z'� II III '� ______ 11 III F 1 _----__-__ OT II III 1 I '� S $� yQ i _Y 4239-1 p, pflRpy s; s S WILLIAM SIMPS®N &ASSOCIATES, INC. CONSULTING STRUCTURAL ENGINEERS PHOPOSEO REPAIR OF THE CRUSE FOUNOI1T10N S SEA- 201 VIA LIDO SQUD NEWPORT BEACH, CA DISTRESSED JIB LOCATED AT. 92663 OWNER /APPLICANT LIDO ISLE COMMUNITY 707 VIA LIDO SOUD ASSOCIATION rJ ' w.uxNlcvH S�8 Q w.°;,;,F�;I ", � ✓. '�'�`.T�� .1. �6 P Is.sl jos-sszs sxsao r(s, a)a _ NEWPORT BEACH, CA 92663 .�...a... e.m ENLARGED ADA PLAN ni/u/IJ ►=. HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034 / Fax 949-723-0589 APPROVAL IN CONCEPT APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Replace an existing marina, new floats, piles and revised gangway Property Address: 201 Via Lido Soud Newport Beach, CA 92660 Legal Description: Harbor Permit Number: 173-201 Applicant: Lido Isle Community Association, Attention Mel Richley Applicant's Mailing Address: Same as above Phone Number: 949. 673-7767 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. Pagel of 2 And find They comply with the current adopted Newport Beach General Plan, Zoning Ordinance, Subdivision Ordinance and any applicable specific or precise plans or, ❑ That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Zoning Ordinance or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this approval in concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: X Has been determined to be ministerial or categorically exempt. ❑ Has received a final Exemption Declaration or final Negative Declaration (copy attached). ❑ Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. Tom Rossmiller, Manager Harbor Resources Department Signature` Tom Rossr ler, Manager Harbor Resources Department April 11, 2003 &#to>rh en#s9_Apnr�!_in_Ooncecit ies Qf start ed drawirjgs Worksheet for Building Permit Application Drawing Page 2 of 2 C.I TY OF NEWPORT GERCH � CITY OF • . KEUPORT BERG-! IST ' Z � 1 SLF'rtD '°RcrFzc_ oPte. JIM films_ _ VICINITY hRP Er 0---Cl h[)f = Mf, meati' . JEiTY^^� ` `V Q r�� = O. O a Q Q w w i�2DODSL N4 ry ,v/�iNG'' A ` jim z Q o• Q �m �a. o. iJ Qi all 130 T 7-OM li Ir U Q, �IJ meq, Lo PROPasEO 7'-/2.0 r � O Ipj20,�05'C'9 f8_ :� d ,2C-"lJisil 'T' opC/C i s •• ��, �, �I Q � � Z ASS INSPECTN l%€ M� f 0A. RASS Ll i EEL G SS'it PE�TION `` EEL GRASS IN THE NO EEL GRASS WI iN ' OF JROJ PROJECTAREA ❑ GRAS THE R CTA EA �— Vs 20 . SIGNATURE '�Z3-zo t / a y .PERMIT# /� Ok E PERMIT # , , DATE —o , I�1• Li,� PLAN VI-EW ••1 r = 40 ' RPPLIM4T'S M-C L/00 /SL.� C0/w" r4SSo, I JOB RODRESS 20/ V14 L /DO SoVo I DRTE6 ' /7 99 CITY OF NEWPORT BERCH CITY OF •KE14PORT BEACH t sT� zr ' r � r � 1 �121D PR � \� \` \ MY pRcrFjc., oc , PIER VEST YICINITY MRP V �EPLACCI✓IG�/ T DCC. i� � - .L PROF IL 01 P,�PasEO �c/Eui 'ic w� . rr'0 /p%�7 zvo--s 8� T,-.- 9L-',01�4'r "k �. I i ® 1 UV p "jjLL,LL- z .��j a U nl h O W \ �c c _ N �iV 0 tiy-8"nAbb EEL GRASS IN THE Q ._PROJECT AREA _ Q, 7--' 201 y . PERMIT# Ok E PLAN V I ESN 1' = 40' FPPL.IC�,lT'S ISE L,/Do /SLE CON/M• ASSO,JOB RDDRESS 20/ V14 L /DO SOUD I DATE6 ' /.7.99 • HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034 / Fax 949-723-0589 APPROVAL IN CONCEPT APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: 48' gangway for ADA in marina presenently being replaced. Property Address: 201 Via Lido Soud Legal Description: Harbor Permit Number: 173-201 Plan Check Number: 1213-2003 Applicant: Lido Isle Community Applicant's Mailing Address: 201 Via Lido Soud, Newport Beach, CA 92663 Phone Number: 949-673-7767 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. Page 1 of 2 And find ey comply with the current adopted Newport Beach General Plan, Zoning dinance, Subdivision Ordinance and any applicable specific or precise plans or, ❑ That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Zoning Ordinance or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this approval in concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: )�as been determined to be ministerial or categorically exempt. ❑ Has received a final Exemption Declaration or final Negative Declaration (copy attached). ❑ Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. Tom Rossmiller, Manager, Harbor Resources Signature: hl-; ir lql14- Chris Miller, Harbor Resources Supervisor May 20, 2003 Attachments: Page 2 of 2 WORKSHEET FOR BUILDING / FIRE PERMIT APPLICATION 091 BUILDING DEPARTMENT CITY OF NEWPORT BEACH F4CF DQIAIT./'1Q Tvoo 1. PROJECT�ADDRESS (NOT MAILING ADDRESS) FLOOR SUITE NO. OWNER'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. LEGAL DESCRIPTION No. UNITS LOT BLOCK TRACT Vhf l u r, 6u,. 7&,-, 1. ARCHITECT/DESIGNER'S ADDRESS/ ' 2. DESCRIPTION OF WORK USE OF STORIES VALUATION $190.06 1 NEW ❑ ADD ❑ ALTER ❑ DEMO ❑ ISQ FT ED/EXTG) Check Appropriate Box ❑ 3. OWNER'S NAME LAST FIRST .� l >1 .A..:9 `SiS e f 1 - OWNER'S ADDRESS OWNER'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. 4. ARCHITECT/DESIGNER'S NAME LAST FIRST LIC. NO. Vhf l u r, 6u,. 7&,-, 1. ARCHITECT/DESIGNER'S ADDRESS/ ' ARCHITECT/DESIGNER'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. 'TA 7-? 0 5. ENGINEER'S NAME LAST FIRST STATE LIC. NO. .� 1, " � ENGINEER'S (,DDRESS. ENGINEER'S E-MAIL ADDRESS tr :��i4 CITY4�7STATE ZIP PHONE NO. ❑ 6. CONTRACTOR'S NAME BUSINESS LIC. STATE LIC. No. Class CONTRACTOR'S ADDRESS CONTRACTOR'S E-MAIL ADDRESS CITY STATE ZIP 1 PHONE NO. OFFICE USE ONLY PERMIT NO, TYPE OF CONSTRUCTION PLAN CHECK NO. —1 � MAY U 8 2003 PLAN CHECK FEE OCCUPANCY- GROUP PLAN CHECK ENG. - 1 1 ur EvtWtJURT BEACH CITY OF NEWPORT BEACH BUILDING CODE BOARD OF APPEALS AGENDA Tuesday, February 18, 2003 - 2 p.m. at City Council Chambers (The Board of Appeals meets on as needed basis) CALL TO ORDER - 2:00 p.m. PLEDGE OF ALLEGIANCE ROLL CALL MINUTES - January 21, 2003, Hearing Minutes Tom Rossmiller, Harbor Division V PUBLIC COMMENTS Public Comments are invited on non -Agenda items generally considered to be within the Board jurisdiction. Speakers must limit comments to 3 minutes. Before speaking, please state your name and address for the records. VI OLD BUSINESS: ITEM 1 : Continued from January 21, 2003 Hearing: Case No. 2003-02; 201 Via Lido Soud Appeal of the Building Official Determination to require Disabled Access to the proposed reconstruction of the Lido Island Marina per California Building Code (CBC), Section 1132B.2 VII NEW BUSINESS: None VIII COMMUNICATIONS IX ADJOURNMENT The City of Newport Beach is committed to provide accessible facilities to all individuals with disabilities. If, as a person attending or participant at this meeting, you require special assistance, the City will attempt to accommodate you in every reasonable manner. Please contact Monika Goodwin, the Building Department Executive Secretary at (949) 644-3276 at least forty-eight (48) hours prior to the meeting to inform us of your particular needs to determine if accommodation is feasible. Brdapp1s\agendas\2/18/03 CITY OF NEWPORT BEACH BUILDING DEPARTMENT STAFF REPORT Agenda Item No. 1 February 18, 2003 TO: BUILDING CODE BOARD OF APPEALS FROM: Building Department Jay Elbettar, Deputy Building Official, 949-644-3282, jelbettar@city.newport-beach.ca.us SUBJECT: Case No. 2003-02; 201 Via Lido Soud, Appeal of the Building Official's Determination to Require Disabled Access to the Proposed Reconstruction of the Lido Island Marina per California Building Code (CBC), Section 1132B.2 (Continued from 1-21-03 hearing) APPLICANT: Lido Island Community Association DISCUSSION: This report is a supplement to the January 21, 2003, staff report where the item has been continued by the board. The continuation was to allow the applicant sufficient time to submit additional information as requested by the board relative to site measurements and cost of various alternatives to accomplish disabled access. Attached is additional information submitted by the applicant outlining measurements of various gangway lengths in relationship to the property line and the boat hoist. No cost information was provided. Staff will have the city consultant available at the meeting to respond to any questions or issues by the board. Staff contacted Mr. Tom Rossmiller, City of Newport Beach Harbor Resources Division Manager, to inquire weather revising the gangway length would require Coastal Commission approval or amendment to the previously granted approval. He indicated that it would require new Coastal Commission approval. Mr. Rossmiller will be present at the meeting as well. Case No. 2003-02; 201 Via Lido Soud February 18, 2003 Page 2 RECOMMENDATION: Approve the installation of a gangway with the maximum length available as certified by a survey with a minimum length of 48 feet as proposed by the applicant so as not to encroach beyond the project limits. Staff feels this gangway with the applicant's commitment to provide assistance by the association for disabled individuals and the fact that the marina is a private facility is considered equivalent facilitation to disabled access. Environmental Review: Environmental issues are addressed by the Harbor Resources Department, California Coastal Commission, and Army Corps of Engineers, providing disabled access to the marina has no negative environmental impact. Prepared ay ETbettar, Building Director JE/mg Attachments: Supplemental information provided by the applicant Bldappeakst rpt 2-18-03 LIDO ISLE'S QUEST TO REBUILD THE ANTIBES MARINA Summary of February 2003 1. The City of Newport Beach Marine Department (Tony Melum) gave Approval in Concept to the plan to rebuild the Antibes Marina in November 1999. 2. The Army Corp of Engineers approved the Plans in July 2000, and the Coastal Commission in October 2000. 3. Lido Isle Community Association voted $350,000 to fund the project in November 2000. 4. The engineering plans were approved by the City Engineer (Lloyd Dalton) in June 2001. 5. Lido Isle ordered the floats from Utility Vault in November 2001. They were completed in February 2002, but could not be installed because the City and LICA did not have a dredging permit. 6. The City received it's blanket dredging permit in August of 2002. LICA was notified that our plan check had expired in September 2002. We were told that we could not proceed since the plans did not meet the current State ADA requirements which require that "boat docks..... must be accessible...". The City recommended the eighty -foot ramp to meet this requirement. . 7. Several engineering companies, including Bluewater Design Group and Cash & Associates have studied the problems of installing an ADA approved access ramp to the docks and have made several suggestions but no recommendations for a reasonable solution. All of these plans have serious drawbacks. They include: the docks/ramp extend outward beyond the Project Line and into navigable waters, the ramp takes too many slip spaces away, the ramp will severely hinder boats from using the loading/unloading area, the ramp is unsafe if it passes directly under the hoist, the ramp may have a negative environmental impact on the surrounding beach, the ramp will prevent convenient use of the marina by it's present tenants, and finally, in all cases, the cost is unreasonably high. 8. LICA presents the following points in support of it's desire to build the facility as planned. First, we have a private, locked marina that is used exclusively by Community Association boat space renters. Second, Federal Guidelines are now finalized in the Department of Justice which will exclude Marinas with less than twenty-five slips. Third, California State officials have told us that the State of California will adapt the Federal Guidelines in total soon after they are adopted by the Department of Justice. 9. The new marina will include the following items to assist in meeting access requirements. First, the marina will have a bathroom and electric remote controlled gate that provide access to the handicapped. Second, Our security company, Patrol One, has been contracted to supply immediate help day or night seven days a week to anyone requesting handicap access assistance. Third, our rental contract for boat space describes the procedure and phone number to be used by the handicapped to have access. Fourth, we will be pleased to install a forty-eight foot ramp on the east side of the marina. This will meet the ADA slope guideline of 1 in 12 for 6118 hours per year. It will not meet the guideline for 2648 hours per year, and it potentially may be incumbent on a handicapped person calling for the personal access help that is always available. It is interesting to note that we are in of compliance for 70% of the time with a forty-eight foot ramp on our eight -foot bulkhead, and would be in compliance for 84% of the time with an eighty -foot ramp on the City standard nine -foot bulkhead. 10. Recognizing the impracticality of installing a ramp longer than forty-eight feet, and recognizing that we are providing exceptional access for the handicapped, the Lido Isle Community Association requests that you grant approval to rebuild the marina under the conditions expressed above. 11. Submitted by Lido Isle Community Association. ILId�3 4.obert Holt, President 2 Friday, January 24, 2003 Lido Isle Community Association 701 Via Lido Soud Newport Beach, CA 92663 RE: Assistance For handicapped Gentlemen: PATROL ONE This letter confirms that our company has patrol personnel active on or near Lido Isle 24 hours a day, seven days a week. These individuals are each quite physically able to adequately assist handicapped persons in traversing a 30 foot or longer gangway at your Via Antibes marina. As part of our agreement with the Lido Isle Community Association, our personnel will respond to a request from a handicapped tenant of your marina or a tenant who requires assistance for a handicapped guest usually with 5 to 10 minutes but no longer than thirty minutes of a phone call requesting such assistance and will do so. Our phone number for such assistance is (949) 36.7-8055 nce ely, c-----�' Doug Kantner Operation Manager Patrol One Doug@patrol-one.com 630 S.Grand Avenue Suite 101 / Santa Ana, California 92705 (714) 541-0999 / (949) 367-8055 / Fax (714) 541- 0990 m I N CITY OF NEWPORT BEACH Building Code Board of Appeals Minutes January 21, 2003 Regular Meeting - 2:00 p.m. ROLL CALL Present: Board Members Jeannette, Crall, Liske, Luehrs, Root, Yant, Cranston. STAFF PRESENT: Jay Elbettar, Building Director Faisal Jurdi, Deputy Building Director Dan Ohl, Deputy City Attorney Monika Goodwin, Administrative Assistant MINUTES OF AUGUST 29, 2002 Motion was made by Board member Cranston to approve the minutes and seconded by Board member Root. The Motion was approved by acclamation, as written, the August 29, 2002, Building Code Board of Appeals Minutes. PUBLIC COMMENTS: None POSTING OF THE AGENDA: The Building Code Board of Appeals Agenda was posted on Wednesday, January 15, 2003, outside of City Hall. OLD BUSINESS: - None NEW BUSINESS: ITEM 1: Election of Building Code Board of Appeals Chairman and Vice Chairman for the Year 2003. Chairman Luehrs asked for nominations. Motion was made by board member Crall to nominate board member Liske for Chairman for the year 2003, and board member Jeannette seconded. Motion was made by board member Liske to nominate board member Jeannette for Vice Chair INDEX Minutes Approved Public Comments Posting of the Agenda Old Business New Business Item 1 — Election of chairman & vice chairman for 2003 City of Newport Beach Building Code Board of Appeals January 21, 2003 INDEX and was seconded by Mr. Luehrs. Motion to vote on these nominations was made by Mr. Cranston and seconded by Mr. Yant, and both Motions carried by acclamation. On behalf of the Building Department staff, Building Director Jay Elbettar thanked Chairman Luehrs and Vice Chair Root for their past work. ' ITEM 2: 2003-01; 201 Via Lido Soud ITEM 2 - 201 Via Lido Appeal of the Building Official's Interpretation to require Soud disabled access to the proposed reconstruction of the Lido Island Marina per California Building Code (CBC), Section Hearing continued to 1132B.2. February 18, 2003 Building Director Elbettar stated the case before the board was the proposed reconstruction of Lido Island Marina, which currently was comprised of a deteriorated 37 -year old wood marina that the Association elected to rebuild with concrete floats and dock. He noted that the report was voluminous as staff tried to provide the board with all relevant information. He touched on important highlights of this case, including a power presentation with staff information and photos provided by the applicant. This marina was leased to the association; it is State-owned and managed by the city. The issue was whether the marina should be accessible for disabled individuals or not. Currently the marina is not accessible. State law requires all boating facilities to be accessible per the Disabled Access Standards. However, the code does not specify how to achieve this accessibility, therefore it was left to the local jurisdiction. The Architectural and Transportation Barriers Compliance Boards, who developed ADAG, the American with Disabilities Act Guidelines, attempted to develop guidelines for recreational and boating facilities. These guidelines have been drafted and approved in October of 2002. The Department of Justice has not yet adopted them. Mr. Elbettar proposed these guidelines to the board to accomplish the accessibility for this marina because they are the only available tools for staff. He reiterated that In terms of access, State law required that access must be provided. He explained the existing and the proposed conditions of the marina with the slide presentation. Staff worked with the association's design team to find possible options and alternatives to achieve compliance. Staff also hired a consultant Cash & Associates from Huntington Beach, whose report was included in the staff report, addressing options and costs. This report was also provided to the applicant. He noted that the association had obtained 'Approval in concept' from the Harbor Division and Coastal Commission approval. The proposed marina, without disability access, involved 29 slips to accommodate 29 boats. 2 City of Newport Beach Building Code Board of Appeals January 21, 2003 INDEX Mr. Luehrs stated he did not count 29 boat slips. Mr. Elbettar apologized and explained there were 17 slips with the remaining site ties to accommodate 29 boats. He pointed out one alternative proposed by the association and evaluated by the city's consultants, where the gangway would eliminate about eight side ties for boats. Mr. Jeannette asked whether by basically taking away the ramp from top right was to reach the other slips. Mr. Elbettar said a gangway was a variable slope, pedestrian walk way linking fixed -type of structures or land to the floating type structures, in this case the dock. The goal was to achieve a reasonable slope when the tide was changing, which presented a big challenge. Mr. Uske asked whether the mentioned 80 -feet must be continuous, and Mr. Elbettar said yes. Mr. Yant asked where the eight spaces would be lost, and Mr. Elbettar pointed them out via the aerial views. He said the difficulty with this alternative was that it would cross the property line available to the association, with no loss of boat ties. Another option would place the gangway in front of the docks. He pointed out a costly alternative, the "RampRider," a gangway design to allow wheelchairs to be lowered, which would limit the gangway to disabled individuals only. He read an excerpt from the 2001 Building Code addressing boat docks; "Boat docks, fishing piers, etc. shall be accessible." This was the only provision in the State code addressing marinas. The Architectural and Transportation Barriers compliance boards arrived at guidelines, recognizing that recreational facilities, amusement parks and boating facilities may not have to be literally accessible and needed some flexibility. These guidelines will be submitted to the Department of Justice under ADA, and the State of California might eventually follow suit. Other cities also followed these guidelines to achieve access. These guidelines included exceptions to access, recognizing that achieving 1 to 12 slope in a gangway is very difficult with the changing tide conditions. One exception was by providing an 80 -foot gangway where 1 in 12 can be exceeded. However, the State does not recognize this and the slope was 1 to 12. With the tide conditions here, the exception would be appropriate in this case under the guidelines. The guidelines were submitted for review by over 60 organizations. The access board developed another threshold of a 25 -boat marina, which has to comply. Mr. Elbettar stated to the board that staff's position was to enforce the State law, which allowed no exceptions, by using the guidelines to achieve access. He noted exception three, that might help the applicant, it stated with a total length of the gangway to be at least 80 feet, the maximum slope shall not apply to the gangway and can be exceeded. Slope generally is accessible route required to be no greater than 1 to 20 and the ramp 1 to 50. The applicant was appealing staff's determination to provide disabled access. They believed the marina's size, accommodating 29 boats, was close enough for the exception and by providing a gangway they may loose a number of 3 City of Newport Beach Building Code Board of Appeals January 21, 2003 INDEX slips anyway. Also it being a private marina dedicated for the use of association members only, not the public. Even though this provision has merit and was worth considering if the association proposed to make some general accommodations as part of an overall equivalent facilitation, unfortunately the State code does not recognize any of these. The board may consider such alternatives and staff can assist with findings. He noted Mr. Jurdi worked on the details of this case and was available to answer any questions. Mr. Jeannette asked whether this required Coastal approval, and Mr. Elbettar said Coastal Commission approval was already obtained, however without access. Mr. Jeannette wondered about the disabled access issues of the Coastal Commission. Mr. Cranston asked what the 1999 obtained 'Approval in concept' meant. Mr. Elbettar said the Harbor Division stated that the configuration met the Council H1 -policy in terms of location of docks, size, etc. However, it was not equivalent to Building Department approval. Since July 2000, building took over the engineering approval function, and electrical, plumbing and mechanical requirements, and disabled access must be reviewed and signed off by the Building Department before a permit can be issued. Mr. Liske had looked at the marina and by reviewing the drawings, he asked if the landing were to be 60 feet with a right turn, so the length of slips would not impacted, was that possible. Mr. Elbettar replied it was possible from staff's view, however, he believed it was more costly and complex for the applicant. He believed it was easier and less costly for them to go with the 80 -foot ramp. He said the Balboa Bay Club with 17 boat slips welcomed this solution and staff agreed to that approach. Staff believed the 80 -foot ramp solution was not completely appropriate solution; it would require some additional measures for disabled persons like a swing type rail support because an 80 -foot incline was very steep versus a 30 -foot landing. Mr. Liske asked how frequent the 9 -foot type level was. Mr. Elbettar said the maximum deviation was about 5 - 10% of the time, perhaps a 4 - 5 feet variation, being very rare. Mr. Jeannette asked whether there were problems with the solution of two ramps with diagonal approach following the property line. Mr. Elbettar stated this solution was proposed by the city consultant and was shared with the applicant. He suggested asking the applicant. He believed cost should not be a consideration. The floats were already fabricated, which would impact the chosen solution. Mr. Jeannette asked whether the floats were designed for shorter than 80 -foot ramp or any ramp. Mr. Elbettar said they were designed for the proposed slips with a 30 -foot ramp and not planned for access. The public hearing was opened. Bob Holt, President of Lido Island Association, 229 Via Genoa, Newport Beach, thanked the board for hearing this appeal and expressed his appreciation for the cooperation received from Mr. Jurdi and Mr. Elbettar. He noted that the 9 City of Newport Beach Building Code Board of Appeals January 21, 2003 INDEX Lido Island Association ultimately paid for this renovation. The association consisted of a board of directors and several committees. The marine committee especially worked on this project and he introduced committee members Mel Richley, Dave Chockley and mentioned Bob Yates, who spent much time on this project. Mr. Yates could not attend this hearing because he was at the Hoag Hospital at this time. Mr. Holt noted the association's commitment to maintain and improve the marina facility, which was 37 years old with plywood patching and was due for replacement. Also, it was important to recognize the fact that this marina was essentially a private marina established for residents of Lido Island who have boats and their guests. The renovation would include an electric gate. He noted that the Lido board was very sensitive to access for disabled. The board also felt responsible to nearby homeowners and residents. Any solution needed to consider any impact on them and also should economically fit their budget. The committee has worked on this project for over three years. The board's intent was to have completion by last summer. Mr. Holt noted his sincere hope to overcome these obstacles with the help of this board. Mr. Elbettar showed the applicant's slides to the applicant. Mel Richley, 809 Via Lido Soud, Newport Beach, handed out some exhibits to the board members without any copies for staff. Ms. Goodwin pointed out to the Chair that any additional exhibits are supposed to be handed to staff seven working days prior to the hearing to be legally accepted according to the board's rules of procedures. Chair Liske accepted Mr. Richley's exhibits since they were duplicates of report exhibits, arranged in a different order. Mr. Richley said in 1998 they had retained the engineering firm Moffatt & Nichol, who informed the association they needed to comply with disabled access. Mr. Richley then phoned Sacramento Boating and Waterways' Bill Curry and asked for current recommended width of slips and current handicapped requirements. Mr. Curry quoted, "They are writing the regulation in Washington as we speak". Via the Internet, Mr. Richley received the proposed regulations published in 1999, which exempt marinas with a tidal action of more than 5 feet if they are less than 10,000 square feet. He said their marina was roughly 5,000 square feet, and therefore, he believed, they were exempt. He asked building department staff for advice on restrooms since they are 28 inches above the level of the marina and whether a ramp could be put up and to make the men's room unisex. Also, the Harbor Department, Tony Mellum gave him 'Approval in concept' for a proposed 30 -foot gangway. He also pointed out the Coastal Commission approval of December 2001. The association then hired Tim Bazley of Bluewater Design Group for the engineering and plans, which were approved by the city's engineering in June 2001. They then submitted plans to fire and building departments and received fire and electric approval in March 2002. The floats were fabricated and throughout this procedure everyone believed they were exempt by being less than 10,000 square feet. However, in September 2002, a letter from the city stated that their plan check was 5 City of Newport Beach Building Code Board of Appeals January 21, 2003 INDEX incomplete and when talking to staff, he was informed that this project required disabled access. Mr. Richley contacted Bill Curry in Sacramento again, who stated that the Federal Access Board had just released their final recommendations on October 3rd, with exception four stating that a marina with fewer than 25 slips was exempt, but must have a gangway of at least 30 feet in length, which their marina has. The city asked the applicant to go back to an engineer to get a design for disabled access. The association asked Tim Bazley to do the engineering, who worked with Mr. Jurdi and prepared the proposed alternatives. He pointed out that they were told to stay away from the "RampRider," The product was too expensive and did not work very well. Several months ago he met with building staff and there was no problem with the proposed restrooms. An electrical gate would be installed where parking places are located alongside. Mr. Jurdi had communicated with Bill Botten of the Disability Access Board in Washington, D.C., and he pointed out his reply that these regulations were not adopted yet. Mr. Richley spoke with Mr. Botten, who said there were no changes. Mr. Bill Curry in Sacramento said he would meet with the access board in Sacramento. Mr. Curry said on the phone that the State of California planned to adopt these federal regulations. Mr. Richley stated that his committee and Tim Bazley relied upon these guidelines. He noted the finished floats were sitting in Montana and the association had already waited one year for approval. David Shockley, 523 Via Lido Soud, Newport Beach, explained the engineering notes. The first one was adding an 80 -foot gangway at the western side of the marina, which eliminated eight side ties for boats, bringing the applicant below the threshold of a 25 -slip marina to be exempt. He pointed out their slides. He noted that presently they have only one handicapped member with a boat in the marina. He pointed out the diagonal option, which was very expensive and was outside the existing project limits, and eliminated a small beach in that area. They had also discussed this with a neighbor, who promised to speak against it before the Coastal Commission. One option would cost $150,000 to $250,000, and made it very difficult to bring in a sailboat with a u -shaped dock. A wind condition would make it very difficult for a handicapped person to bring their boat into the marina. He noted the option of adding an 80 -foot ramp, which forced eight slips to be shortened by 6 feet each, becoming 20 -foot slips instead of 26 -foot slips. Meaning the people in these slips could not have their boats there. If moving down towards the crane in order to impact less boats, the crane arm would not be far enough to swing out. Not a good solution either. The RampRider was a very expensive item between $125,000 to $150,000. The association asked the board to consider instead of the RampRider to allow installing a landing and a ramp of 45 - 50 -foot range that would provide the ADA approved access. He reminded the board again that this was a private locked marina with a waiting list of 8 - 15 years, with very limited usage. R City of Newport Beach Building Code Board of Appeals January 21, 2003 Mr. Jeannette asked if the association was considering the last slide with the 45 -50-foot ramp at this point. Mr. Shockley answered that they could fit that into the marina and stay within their project limit without returning to Coast Commission or the Core of Engineers. Mr. Jeannette asked for the cost of a 30 -foot ramp, to which Mr. Shockley answered it was in the $7,000 - $8,000 range, while a 45 -foot ramp would be in the $30,000 - $35,000 range, and the 80 -foot range believed to be over $150,000 to $200,000. Mr. Jeannette had another philosophical question and noted that while the applicant was making every attempt to meet the ADA requirements by remodeling the bathrooms and providing ramp capability to them, did they believe that disabled access to the boat slips was also important, to which Mr. Shockley answered in the affirmative. He recalled that they were before this board on a hardship and their option of a 45 - 50 -foot ramp was their attempt to fulfill the handicapped requirements. Mr. Jeannette wondered about the applicant's Coastal Commission's application only showing 16 slips, while in this hearing 29 slips were talked about. Mr. Elbettar explained it was 29 boats, but 16 slips with side ties. Lisa Miller of Shellmaker, Inc., 875 B. West 15th Street, Newport Beach, stated she does regulatory work and explained that a slip was defined as a boat slip in terms for this marina, while the side ties are not counted as slips, but boats were allowed to park there. The Coastal Commission had a full size set of plans, the same as the plans before this board. How they chose to count may be different. Mr. Jeannette suggested staff review this to insure it was consistent with the Coastal Commission view of this. He recalled projects of his where the use of one word sent him back to the Commission for approval. Mr. Luehrs asked for the hours of operation of this marina. Ms. Miller stated her father has a slip and every member has a key to use it at any time. Mr. Shockley stated it was always locked. Mr. Cranston was unclear whether the marina had 16 boat slips, while regulations spoke about 25 slips. Mr. Shockley explained the marina has 25 places to park boats. A slip is the u -shape to put boats in and the long areas are called side ties, where boats can be tied alongside. The side ties held smaller boats such as duffeys. Mr. Cranston noted that regulations talk about less than 25 boat slips and he asked for clarification. Mr. Elbettar explained staff approached these guidelines not from the point of exempting the marina from disabled access, but approached them on how to achieve disabled access. The reason being the State law was absolute in requiring access without exception, no matter how small the marinas are. Mr. Liske interjected that the jurisdiction here was the California Building Code, not the Federal regulations as to the ADA. This Building Board has only authority to address issues of the Building code, not ADA guidelines. Mr. Elbettar clarified the State law required disabled access provided as an absolute requirement for boating facility by stating,"Outdoor occupancy shall INDEX City of Newport Beach Building Code Board of Appeals January 21, 2003 be accessible as required in this chapter." He noted three exceptions, one being where the enforcing agency finds that in specific areas the natural environment would be materially damaged by compliance with these regulations, such areas shall be subject to these regulations only to the extent that such material damage would not occur. Another exception was in existing buildings when the enforcing agency determined that compliance would create an unreasonable hardship, a variance shall be granted when equivalent facilitation is provided. Staff believed utilizing the guidelines to achieve equivalency was appropriate, but not to exempt compliance. Mr. Liske asked about exhibit B, the proposal for the 45 - 50 -foot ramp. By putting in a landing area and making a right-hand turn on the float to extend to the 80 feet, it seemed to provide a compromise. He asked Mr. Shockley whether this was viable, to which Mr. Shockley stated that is was an expensive option. Ms. Miller stated that the Irvine Company input a serpentine ramp at the Bayshore Marina and the cost was $175,000- $200,000. Mr. Liske asked whether it was feasible considering extending the 45 - 50 -foot ramp along the bulkhead by making a turn to get the balance of 80 -foot length. Ms. Miller stated there was the problem of a boat hoist being there, going above people's heads, and being quite dangerous. Mr. Liske wondered about the possibility to turn where the present ramp was to reach 50 feet and not losing as many side ties. Ms. Miller stated that from an engineering standpoint this was not a brand new seawall. When extending a ramp and putting new platforms in, the new stresses that are put on the seawall must be considered. She believed that Mr. Faisal and Mr. Elbettar would agree with her that the current codes for seawall standards are quite higher than they were 10 or 20 years ago. She stated this project did not involve replacing the seawall and mentioned difficulties when adding ramp length along the seawall. Mr. Jeannette asked about the option of extending the ramp to 45/50 -foot length and where the hoist was located now. Mr. Shockley pointed out the hoist's location and agreed with Mr. Jeannette that a pedestrian problem existed there. Mr. Jeannette asked if by taking the presently delineated 80 - foot ramp, moving toward their scale and making it x feet meeting the requirement by not going beyond the property line and the setback as required, what would the length be when coming down and doubling back. Mr. Shockley believed it to be 6 feet, but it would require a floating platform, which was a very expensive option of $100,000. Mr. Yant asked staff if the Lido Association was allowed to build the proposed 45 - 50 -foot ramp, that would allow a handicapped person to get down to the docks, it still would not exempt them from the State code and they would not be in compliance. Mr. Elbettar agreed that the applicant would not be exempt, however it was staff's responsibility that the best attempt was being made. He stated that if the board determined the best solution would be an equivalency of a 45 -foot ramp, questions remained why not making it longer City of Newport Beach Building Code Board of Appeals January 21, 2003 INDEX and making it as close to the property line as possible. He believed the setback issue presented no problem if it was justified for disabled access. It must be distinguished between cost and genuine attempt to provide compliance. Possibilities existed and staff can make findings. Mr. Luehrs noted the two different codes involved in this issue, one being Title 24 allowing no exception, and on the other hand the applicant presenting these future ADA regulations presumably coming this spring stating that a 45/50 -foot ramp may in fact work. If these new ADA guidelines were in place at this time, there would be no need for this board hearing. Mr. Elbettar clarified that the State law included an exception of unreasonable hardship and the board could determine an equivalency. Findings can be made and approved under State law. The ADA regulations are not adopted yet by the Department of Justice,. but are already being using by the city. They require an 80 -foot ramp, not a 45 -foot ramp. Mr. Shockley stated in response to a concern voiced by Mr. Crall, that the marina has full time staff during normal working hours available to assist a handicapped person. Mr. Jeannette asked what types of sailboats were typically at the marina. Mr. Shockley said small and large boats, sailboats, etc. Mr. Richley said the 'Approval in concept' was submitted to the Coastal Commission with 16 boat slips. In the existing configuration, a 45 -foot ramp would fit. He also noted that Bill Curry was available to the board. Mr. Holt wanted to convey the Lido Board and Community Association's feelings that this was a very important project to them, and that they are trying their best efforts to be responsive to handicapped needs. The engineer Mr. Yates could not be here today because of illness. Mr. Yates said that a 45 -foot ramp would work. Mr. Holt appealed to the building board to help them out. Mr. Yant left the hearing and handed a proxy vote to the chairman. Mr. Richley spoke to the questions when the 1 in 12 was exceeded. He said for a 45 -foot ramp they complied with 1 in 12 65% of the time. Their bulkhead was only 8 feet, not today's standard of 9 feet, which was an advantage. The public hearing was closed. Mr. Elbettar spoke about his discussions with the association and with Mr. Yates before this hearing. His impression was that the association would propose a 60 -foot as an alternative. He understood now why it was not possible with the issue of projecting beyond the existing dock and turning around corner. Staff could work with the association's proposal provided they have a survey to determine the exact length of the proposed gangway, as it was important to have this defined. Staff could make possible findings to work with this issue as a private marina controlled by the association, if possible assistance was provided by the association, perhaps via a phone IJ City of Newport Beach Building Code Board of Appeals January 21, 2003 INDEX box posted and labeled for handicapped assistance, if the association has an attendant at all times. He believed that in terms of equivalent facilitation staff saw the merit in terms of working with the physical constraints of the existing property line, seawall, etc. Staff was not objecting, but wanted the board to be convinced to have arrived at the best possible equivalency as this might besetting a presidency since many more marinas existed. Mr. Crall asked whether a wheelchair lift was considered. Mr. Elbettar said a lift would be difficult because the varying types of conditions of the changing tide. Mr. Liske believed that probably no such lift existed, as the longevity of such a device would be severely limited. Mr. Jeannette opined he had also arrived at a 60 feet ramp solution. He looked for a continuation of the hearing to receive exact information as to measurements, costs, etc. He said if a 40 -50-foot ramp was considered with right hand turn to follow where the float was, it would add another 20 feet, adding more ramp length. He did not want a decision for a huge cost option, but also wanted to insure correct disabled access. Mr. Elbettar stated the next board hearing date was February 18, 2003. Mr. Liske asked how long would it take to get the information and requested the city's consultant to attend for his technical expertise. Mr. Elbettar said that was certainly possible. He clarified that the applicant was asked to return with correct measurements and costs. Mr. Crall stated that the concern should be for meeting the disabled access code rather than making it a cost issue. He believed the important thing was to meet the code. Motion was made by Mr. Luehrs to continue the hearing to February 18, 2003, for the applicant to provide the aforementioned information, including cost estimates, and to work with staff to get the city consultant to attend the February 18th meeting. Mr. Jeannette seconded. The Motion to continue the hearing to February 18, 2003, carried by acclamation. Mr. Elbettar stated that the applicant's information was to be received by staff two weeks from today. Staff would try to have the city consultant attend. Mr. Liske explained to the applicant that the board needed cost information about the ramp extension. He believed the board's general feeling was the 40 - 55 -foot ramp proposal was inadequate to meet accessible requirements. He commended the applicant for a good proposal and believed they were caught by a time squeeze in the difference between the Federal regulations and the State Building Code. The board wanted to accommodate the applicant as best as possible, however, they could not and would not go against State law. The board also did not want to hold this up, but for an U City of Newport Beach Building Code Board of Appeals January 21, 2003 informed board decision more information was required. He suggested working on the cost line extending the ramp beyond 50 feet. Mr. Jeannette agreed with Mr. Liske and added for staff to review the Coastal Commission approval. COMMUNICATIONS: -None ADJOURNMENT: 4;40 p.m. MO KA GOO WIN, RECORDING SECRETARY CITY OF NEWPORT BEA BUILDING BODE BOARD OF APPEALS UTIW� Communications Adjournment STATE OF CALIFORNIA - THE RESOURCES AGENCY GRAY DAVIS Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 'r (562)590-5071 IMMATERIAL AMENDMENT TO COASTAL DEVELOPMENT PERMIT May 21, 2003 Permit Number 5-00-157 issued to Lido Isle Community Association for: Demolition of an existing 3,266 square foot residential marina with 16 slips and 10 guide piles and construction of a 4,545 square foot residential marina with 16 slips plus 134 feet of side tie area and 16 guide piles. at: Via Antibes at Via Lido, City of Newport Beach, Orange County has been amended to include the following change: Demolish an existing 3 foot wide 26 foot long gangway with 4 by 6 foot landing platform supported by one 12" diameter concrete pile and construct a 48 foot long 4 foot wide gangway with 5'6" by 8 foot platform supported by two 12 inch diameter pilings. This amendment was determined by the Executive Director to be immaterial, was duly noticed, and no objections were received. Please note that the original permit conditions unaffected by this amendment are still effect. PETER M - DOUGLAS Executive e or d y: Karl F. Schwing Title: Coastal Program Analyst ACKNOWLEDGMENT 1 have read and understand the above permit and agree to be bound by the conditions as amended of Coastal Development Permit 5-00-157. Date: Document2 Signature 3 CITY OF NEWPORT BERCH R of flE1iPOPORT, BERCH ea ERY Q pRCIFjC OC SRN JETV VICINITY MRP T ►oWCRT Yfr, OUarnm+ /�20POSL--'Ia NGS Yv p/L. /NG ,d,�F'OSC=D PLACLmn-/ 7-04C.l� 90 r rOM PPDf cis Ep n/� W"PPL /!vG G20,nOSEO � 8.0 zeP/"l 'r- oO<fk - 0 p 1 1 California Coastal C P,eDFJL .— South Coast District APPROVE 20 ' Permit No. Q Q QO Q Q � h 0 g n R 1 z =3 4: k lu By:.1".t EFFECTIVE i�Q PLAN VIEW V = 40' RPPLICFNT'S NRHE L/DD 15b5 COMM• 49GO, JOBwRDIIRESS 201 wV1,,4 L /00 SOUP I DATE.0 ' /7 99 STATE OF CALIFORNIA- THE RESOURCES AGENCY GRAY DAVIS, Govemor ALIFORNIA COASTAL COMMISSION outh Coast Area Office 200 Oceangate, Suite 1000 5-00-157-A 1 gong Beach, CA 90802-4302 x(562) 590-5071 NOTICE OF PROPOSED PERMIT AMENDMENT TO: All Interested Parties FROM: Peter Douglas, Executive Director DATE: ' 24 April 2003 SUBJECT: Permit No. 5-00-157 granted to Lido Isle Community Association for: Demolition of an existing 3,266 square foot residential marina with 16 slips and 10 guide piles and construction of a 4,545 square foot residential marina with 16 slips plus 134 feet of side tie area and 16 guide piles. PROJECT SITE: Via Antibes at Via Lido, City of Newport Beach, Orange County The Executive Director of the California Coastal Commission has reviewed a proposed amendment to the above referenced permit, which would result in the following change(s): Demolish an existing .3 foot wide 26 foot long gangway with 4 by 6 foot landing platform supported by one 12" diameter concrete pile and construct a 48 foot long 4 foot wide gangway with 66" by 8 foot platform supported by two 12 inch diameter pilings. . FINDINGS Pursuant to 14 Cal. Admin. Code Section 13166(a)(2) this amendment is considered to be IMMATERIAL and the permit will be modified accordingly if no written objections are received within ten working days of the date of this notice. This amendment has been considered "immaterial" for the following reason(s): The proposed recreational boat dock development and its associated structures are an allowable and encouraged marine related use. The project design includes the minimum sized pilings and the minimum number of pilings necessary for structural stability to support the enlarged platform and gangway that are necessary to allow handicap/wheelchair access to the marina. The pilings are self -mitigating. There are no feasible less environmentally damaging alternatives available. The project will not significantly adversely impact eelgrass beds as there are no eelgrass beds within 15 feet of the project area. Further, as proposed the project, which is to be used solely for recreational boating purposes, conforms to Sections 30224 and 30233 of the Coastal Act. The proposed work will be occurring on, within, or adjacent to coastal waters. Special conditions previously imposed require the appropriate storage and handling of construction equipment and materials to minimize the potential of pollutants to enter coastal waters. To reduce the potential for post -construction impacts to water quality the Commission previously required the continued use and maintenance of post construction BMPs. The proposed development will not result in adverse impacts to coastal access, coastal resources, public recreation, or coastal views. The proposed development would not prejudice the City's ability to prepare a Certified Local Coastal Program and is consistent with past Commission actions in the area and Chapter 3 policies of the Coastal Act. If you have any questions about the proposal or wish to register an objection, please contact Karl Schwing at the Commission Area office in Long Beach (562) 590-5071. 5-00-157-A1 (Lido Isle Community Association) Immaterial Amendment Notice.doc S7AT T E'& CALIFORNIA - THE RESOURCES AGENCY GRAY DAVIS, Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office r� 200 Oceangate, Suite 1000 f•. Long Beach, CA 90802-4302 (562)590-5071 April 24, 2003 Re: Application/Appeal No 5-00-157-A1 STATUS LETTER The status of this matter is noted below. XX Your application was filed on 24 April 2003. The public hearing is tentatively scheduled on May 6-9, 2003 in Monterey, CA. This tentative scheduling information is being provided for your convenience and is subject to change. Written notification of final scheduling of the hearing, along with a copy of the staff report, will be mailed approximately 10 days prior to the hearing. IMPORTANT: The enclosed Notice of Pending Permit must be posted on the site, in a conspicuous place, within 3 days of its receipt. This application is incomplete and cannot be filed or processed until the items listed on the attached sheet have been completed and submitted to the District Office. If these items have not been received by the date indicated, the entire package will be returned to you. Please be advised that the items needed to complete your application must be submitted to this office by This file is being returned as the application submitted is deemed incomplete. The required substantive documents are missing. Please see the attached sheet. This appeal was received and has been determined to be a valid appeal. You will be notified of the place and date of the public hearing. This appeal was received invalid for the following reason: but has been determined There will be a 10 working day appeal period, if we receive no objections during this period, Xou'II receive your immaterial amendment. ff Analyst CITY OF NEWPORT BEACH BUILDING DEPARTMENT STAFF REPORT Agenda Item No. 2 January 21, 2003 TO: BUILDING CODE BOARD OF APPEALS FROM: Building Department Faisal Jurdi, Deputy Building Official, 949-644-3277, fjurdi@city.newport-beach.ca.us SUBJECT: Case No. 2003-02; 201 Via Lido Soud, Appeal of the Building Official's Determination to Require Disabled Access to the Proposed Reconstruction of the Lido Island Marina per California Building Code (CBC), Section 1132B.2 APPLICANT: Mel Richley, representing the Lido Island Community Association RECOMMENDATION: Ratify the Building Official's determination to provide wheel chair access to the docks as required by the California Building Code or by providing an equivalent wheel chair access. DISCUSSION: Background: The Lido Island Marina is a city -owned property, leased to the Lido Island Association. In 1998, engineers from Moffatt & Nichol, commissioned by Lido Island Association met with Building Department staff and did a preliminary code review of disabled access requirements in conjunction with rebuilding the Lido Island Marina. Building Department staff informed them of the required disabled access to the docks and to the existing bathrooms and parking. Attached Exhibit A is copy of correspondence, dated September 11, 1998, from Moffat & Nichol to the Marine Department discussing different options of providing an accessible ramp and dock. On November 10, 1999, Mr. Mel Richley, representing the Lido Island Association, filed an application for a harbor permit to rebuild the marina (Exhibit B). On the same day (November 10, 1999), the Fire & Marine Department issued an "Approval in Concept" (Exhibit C), a prerequisite for the Lido Island Association to apply for Coastal Commission and Army Corps of Engineers' approvals. Case No. 2003-02; 201 Via Lido Soud January 21, 2003 Page 2 In July 2000, the Building Department undertook the responsibility of plan check of harbor construction from the Public Works Department and the permit processing from the Fire and Marine Department. Prior to July 2000, the Fire and Marine Department sent submittals for construction of public marinas to the Building Department for disabled access plan check prior to issuing a construction permit. On June 25, 2001, the Public Works Department approved the construction drawings for compliance with the harbor construction standards (Exhibit D). One sheet of drawings was dated July 16, 1999, and the rest were dated January 2001, which indicates the submittal was made after this date. The drawings were produced by Old Castle Precast, Inc., dock manufacturer, and stamped and signed by Mr. Timothy Bazley, engineer from Blue Water Design. Moffat & Nichol appear to be no longer involved in the project. A construction permit has not been issued by the Harbor Resources since they are waiting for approval from the Army Corps of Engineers and approval of disabled access compliance from the Building Department. Drawings for electrical, plumbing, and water supply to standpipes were submitted to the Building Department for review on September 12, 2001. These drawings and corresponding permits were approved on June 12, 2002. Fees for these permits were not paid by the applicant and the plan check expired on September 12, 2002. Environmental Review: Environmental issues are addressed by the Harbor Resources Department, California Coastal Commission, and Army Corps of Engineers, providing disabled access to the marina has no negative environmental impact. Code Issue: The Lido Island Community Association is planning to rebuild their marina located southeast of the Lido Island Bridge. There are State and Federal disabled access requirements for boat docks. The State mandates that all California cities enforce State disabled access requirements. On the other hand, cities are not authorized to enforce Federal disabled access requirements. The California Building Code requires disabled access to boat docks. On past marina projects, the Building Department required construction of a floating ramp and gangway combination with a maximum slope of 8.33%, and landings each 30 feet of ramp similar to conventional ramp requirements. The Arches Marina and the Irvine Company Marina both installed such ramp access when they were rebuilt. The Federal Architectural and Transportation Barrier's Compliance Board has been working since 1993 on a set of access compliance standards for recreational facilities. The final guideline of the standards was published on September 3, 2002. This guideline has to be adopted by the U.S. Department of Justice to become law. The Federal guidelines require providing a ramp with a slope less than 8.33% similar to the California Building Code requirement. When a determination of an unreasonable hardship Case No. 2003-02; 201 Via Lido Soud January 21, 2003 Page 3 has been made on past projects, the Building Department has allowed the use of an exception in the Federal guidelines, which allows the use of an 80 -foot long gangway without intermediate landings in lieu of the required 8.33% ramp. The Balboa Bay Club will be installing an 80 -foot long gangway with the reconstruction of their 17 -slip marina. The Building Department has denied the Lido Island Association request to use another exception in the Federal guideline, which allows the use of a 30 -foot gangway when the total number of slips is less than 25. The Building Department interpreted that a 30 -foot gangway ramping 9.5 feet at low tide will result in a very steep ramp, which does not comply with the intent of the California access requirements. The Lido Island Association filed an appeal to the Building Department interpretation (Exhibit E). Feasibility of Providing Disabled Access: The initial appeal application was incomplete. It did not explore options and feasibility of providing wheel chair access to the docks. In a letter, dated October 27, 2002, the Building Department requested additional information from the Lido Island Association. The association wrote a response, dated October 21, 2002, requesting to use exceptions under the Federal disabled access standard without submitting the required documentation (Appendix F). In a letter, dated October 25, 2002, to Mr. Robert Holt, President of Lido Island Association, Building Department staff emphasized the need to explore the options of providing disabled access under the State code for consideration by the Building Code Board of Appeals. On November 22, 2002, we received drawings, prepared by Blue Water Design Group showing three options of providing an 80 -foot long gangway to the docks without a report to address the feasibility of each option (Appendix F). Having not received the requested feasibility report, the Building Department hired Cash and Associates to write a feasibility report based on the drawings submitted by Blue Water Design Group. On December 4, 2002, Mr. Mel Richley submitted a brief feasibility report, dated December 2, 2002, which he prepared (Appendix F). Cash and Associates feasibility report (Appendix G) addressed the feasibility of the three options presented by Blue Water Design and added two more alternates for providing disabled access to the docks. Code Anal For the following code sections, refer to Exhibit "H" for State code sections and Exhibit "I" for Federal standards. CBC Section 1132B states "Outdoor occupancies shall be accessible as required in this chapter. See also the general requirements listed in Section 11148.1.1." Section 1114B.1.1 references Section 1133B.5 for ramp requirements. CBC 1133B.5 limits the slope of a ramp to a maximum of 8.33% with level landing at 30 feet intervals. California Building Code (CBC), Section 1132B.2(4) states the following, "Boat Docks, Fishing Piers, etc., shall be accessible." CBC Section 1132B.2(3) requires disabled access to the sanitary facilities, which serve the marina. CBC Section 1129B.1 requires disabled access to the parking provided for the marina. Federal accessibility guideline Section 15.2.2 requires that disabled access to boating facilities comply with Case No. 2003-02; 201 Via Lido Soud January 21, 2003 Page 4 requirements of ADA Section 4.3, which are similar to the California Building Code disabled access requirements, enforced by the Building Department. Unlike the California Building Code, exception #4 of the Federal Construction Standards exempts a gangway from the slope requirements if it serves less than 25 slips. Exception #3 of the Federal Standards exempts a gangway from the slope requirements if the total length of the gangway is 80 feet. The Newport Beach Building Department is in favor of allowing the use of exception #3. An 80 -foot gangway would provide an equivalent access since the elevation difference between the top of seawall (+9 MLLW) and the top of dock (-0.5 MLLW) is 9.5 feet. This difference is at the lowest tide, which occurs infrequently. CBC Section 11276, exception #1 allows the use of equivalent facilities when a determination of unreasonable hardship is made. Based on the report by Cash and Associates (Appendix G), equivalent access can be provided at the east side of the property. Prepared by: Faisal Jurdi, Deputy 13uilding Official Attachments: Exhibit A - I BldappeaRst rpt 201 via lido soud 1-21-03 Submitted by: a �- °° _� �� w 258 West Wardlow Road P.O. Box 7707 Long Beach, CA 90807 MOFFAT N& NIE HOS Tel: (562) 426-9551 Fax: (562) 424-7489 TELECOPIER MESSAGE AND TRANSMISSION HEADER PAGE COMPANY: Fire and Marine Operations — City of Newport Beach ATTENTION: Tony Mellurn FROM: Mike Hemphill DATE: September 11, 1998 FAX NUMBER: 949-673-3056 NO. OF PAGES (including Header): .� JOB NUMBER: 4272 MESSAGE: Tony, Two alternative concepts for dock layout at Lido Isle. Both alternatives stay within the suggested float line while increasing the 36 -foot slip widths by approx. 7". And both alternatives comply with ATEA accessibility requirements — gangways, ramps, landings, etc. Alternative 1 maintains four side -tie berths between dock and bulkhead whereas Alternative 2 does not. o Figure 1 shows existing conditions. n Figure 2 shows proposed Alternative 1 layout. a Figure 3 shows Section 13 for Alternative 1. o Figure 4 shows proposed Alternative 2 layout. Q Figure 5 shows Section B for Alternative 2. A third and fourth alternative (not shown but similar to Alts 1 & 2 above) would require that the proposed slip widths meet current DBAW guidelines (L=36', w=15% L=26', w=12.5'). Presently the slips are too narrow (L=36', w=14'; L. —26% w=12'). These alternatives would push the most western finger out towards the channel by approx. 7.5 feet. This is very desirable in that the marina would better accommodate modern vessels and meet DBAW Guidelines. However impacts to channel navigation .tttust be considered. Encroaching to the east beyond the suggested float line is not feasible due to the existing boat launch crane operations. Please review and call me to discuss. 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MOQATTJ& NICHOB PROJECT SHEET Of OESIGN FOR DESIGNER 047E CHECKER PATE d �4l 0 Pl V7: . . .... r .. It_... ... .. ... ..> a -... ... .._ .._.... .......... ,....... y... . .._ .._ _. �.. _... ........ ......._. __.. ._.... t.......... ......� I : - . ................ _ I :...... ....... .. .............. ._......... r .._.. .1 r...... 1...._.. ,......., r -- ....... 1 • ! ' ... .... ...: ... j. too! 1 r ........ __..... .. .. .. . . - . r1" �y sso ' — —s' it 8' PNr '4204$ 0 o% CITY DF' NE-wpoR -r BEACH Cl" Of PlIcirtc �sr ! i TY MAP Not ro Scat. Saue jln9r .N £ s+d fn rest Md ";"tot7o�vt,cns Bored a, Alda, Loww Low Wates, q a W .,w t?r4rt dnrm�i IEC 77ON 8 N, aw ATN Dock I {�70) f t*!LO) f�pprr t -9.3,T1 Ekb! � otrnd r-t6i A�Cl�cY PLAN WFlY t -4Q' - -�- .. - ••,.•�-. ••,••• a+tc �-�..e+anai� n]3L�A77GM I X19 ADONET..S J j OA It - i CLIENT JOE NO. MOFFATT & NTCHQL E M PROJECT SMEET oa AMN O I N! B R g QCSION FOR QESIONEA DOTE CHECKER DATE Ii 1 I''°► X I . _ 00 rw ......._ .. .... .. .............. _. , .. ........ ....... .._.._....... . ..... .. r. . ..... �....�...� . 1 r 1 - , .....r. j .. t...........t ..-.. ... .. a ...... _. _._ r J.... ...._v ....... _ - .........��.. .... ...... ....................... ......___.." ... .n .. ......._. ... .._..1. ..... .....J...._.._. �.. .. }. ._. r j - S•I m m W CITY OF NEWPORT BEACH FIRE MARINE DEPARTMENT HARBOR '► _ :RMIT APPLICATION (Please print al'i ,Drmation) 71:1 1. Applicant (Property Owner) Address Telepholne / 7 4- 7 2. Project Address (Street Address) Harbor Permit Number 3. New Construction Revision ✓ Maintenance Dredging 4� 4. Fee Check No. 15' y Date /5. Brief Description of Proposed Work: 6. Submit 8 1/2" x 11" Drawings (3), Include: 1). Location and dimension of proposed structure including piles and location of existing structures. on adjacent properties. 2). Location of bulkhead, pierhead and project lines. 3). Location of property lines. 4). Location of channel markers within 200 feet. 5). Lot sizes and lot numbers, if available. 6). Existing ground profile beneath proposed structure. 7). Elevation of top and bottom of bulkheads and piles with respect to M.L.L.W. 8). Area and profile of any proposed dredging with elevations showing depths with respect of M.L.L.W. 9). Any special conditions affecting the construction or affecting boating operations. 10).Complete all information required in information block, bottom of sheet. Note that the OWNER. of the property is the applicant. 11). Drawing size shall be 8 - 1/2" x 11". 12).Scale shall be adequate to clearly show the above information. 13).Existing structures shall be shown in light dashes. New work shall be shown in heavy solid lines. 7. Owner -Builder Declaration must be completed (on reverse side of this sheet) / r �t ^/i Gam, sH +r h • ry 8. Applicant's/Agent's Signature: _Date: Joint Permittee Signature (if applicable): Date: 9. Work can begin once the City has received evidence of the following additional approvals and you have been notified to proceed. If you begin prior to the notice you will be in. violation of the Newport Beach Municipal Code and subject to penalties _ 10. Your permit will not be final until we have conducted an on site inspection once construction is completed as per Municipal Code, Section 17.24, if we have not been contacted for a final inspection. OFFIG.E USE ONLY j/ Date �` g Approval in Concept. Approval of the City of Newport Beach Council. Date V Approval of the Army Corps of Engineers Date . Approval of the California Coastal Commission. Date Approval of the City's Public Works Department. Date Approval of the City's Building Department. Date Approval of County of Orange. Date Electrical and/or plumbing permit (Building Department) Date Issued. (Permit is stamped drawing) Date Site Inspection. (call 644-3043 for appointment) Date Site Re-InspectionDate Conditions: OWNER -BUILDER DECLARATION I hereby affirm that I am exempt from the contractor's license law for the following reasons: (Sec. 7031d.5, Business and professions Code). Any City or County which requires a permit to construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires the applicant for such permit to file a signed statement that he is licensed pursuant to the provision of the Contractors License Law (Chapter 9, commencing with Section 7000, of Division 3 of the Business and Professions Code) or that he is exempt therefrom 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 penalty for not more than five hundred dollars ($500). I, as owner of the property, or my employees with wages as their sole compensation, will do the work, and the structure is not intended or offered for sale (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who does such work himself or through his own employees, provided that such improvements are not intended or offered for sale. If, however, the building or improvement is sold within one year of completion, the owner -builder will have Isnot en of proving that he did not build or improve for the purpose of sale). as owner of the property, am exclusively contracting with licensed contractors to the project (Sec. 7044, Business and Professions Code: The Contractor's License Law apply to an owner of property who builds or improves thereon, and who contracts for such projects who builds or improves thereon, and who contracts for such projects witha Contractor(s) License pursuant to the Contractor's License Law). I am exempt under Sec. - of Business and Professional Code for this reason: !, Owner's Sig Contractor: _ Address: License class .R (-1, Date: - 5' L- Telephone: _Aja,lT _State oard No. 5� I ; City License No. ; =,c ^ n C 4tC_ License Contractor's Declaration I hereby affirm that I am licensed under provisions of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and my license is in full force and effect. Contractor's Signature_Uan, Date: .64 CITY OF NEWPORT BERCH CITY OF •.KEUPORT DEPZH nn� / MY , IsLffo F3FiY PRCIF,rC.O PIER JMY � ` YICINITY MRP ►oWxr sir, ' i�20POSLD 1V(�l'V p/L/NG p,�F�OSLD �-�- ,�EPL�7 I� PnT7 P,PDPaS'ED fi2.0 �/20pOSC D 7419.0 'T "k 0,0 BOTTOM 20' Q n Q 3 QO Q l � � Q 0 N � m V k PLAN VIEW '.1' = 40' APPLICANT'S NAME LIDO /SLE COMM. AgrO, I JOB ADDRESS 201 li/,4 L 170 SOUP I DATE6 ' /7. 99 ' CITY OF NEWPORT BEACH � CITY OF ANPORT BERCN psi r �zT O r MY IsLff P1ER BAY — N P RCIp jC OOE�IV PIERimy M INITY MRP F IOfi�! ffit� �?QR• . ,N P2oPosc-D A&Zkv p/Z-//,)c Q� Q O.O . -3.0 ' O • J it P0F7-0 Al U II it ' P,pDPasE'p �EwPi� i� P2O6�05C'D f 8.0 7- 12c� o� 0 ' Zr11 U �o � r� • r I I � J l~n SAJtIO l� j 4.30TTOA 1 PLAN VIEW A ` = 40' RPR-MT'S WHE L/DD /SLS COMM,A'SSO, J08 ADDRESS 201 MU L/DO SOLID DATER'/7' 99 0 m W FIRE AND MARINE DEPARTMENT MARINE DIVISION 70 Newport Pier APPROVAL IN CONCEPT APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Property Address: Legal Description: City Harbor Permit Number: Applicant: Applicant's Mailing Address: Applicant's Telephone Number: I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roans ana punlic access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. and f ind They comply with the current adopted Newport Beach -_ -- - - - General -Plan, -Zoning -ordinance, Subdivision Ordinance, --------- -- -- - and any applicable specific or precise plans or O That a variance or exception has been approved and is final. A copy of any variance, exception, conditional use permit, or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed, and dated. Should- Newport Beach adopt an ordinance deleting, amending, or adding to the Zoning Ordinance or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this approval in concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act of 1970, and state and local guidelines adopted thereunder, this development: Has been determined to be ministerial or categorically exempt. O Has received a final Exemption Declaration or final Negative Declaration (copy attached). O Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change in it is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes, and regulations of Newport Beach. Tony Melum,_Marine Deputy Chief By �j ✓2�v Signatu e Printed name and title of signer Date: d Attach 2. 3. G! 0- CITY OF NEWPORT B HCH CITY OF FZ4PORT BERCN � `�- �� I�Ft1D rNT DRY — PR�IFIC_ OCE -51v PIER I ` \ Jr YICINITY hRP EF6T .rEm K>e= DRY. QLU-U t'. ' X20 POSL D N� yv p/L lNG' PLACC1,-;7-.DL CI\ I� /3ni7on�r� .L P,eDPas�'o N�1vi'i� /nom' P2oposco f 8. °--,-- ,ee�� '7- oCCK 2 O D 3.D �N C }` L U -3.O 0 I\ N v cq J Wg�,PRA55 u EEL GRASS IN THE PROJECT AREA UV � Qo a Q� o g C-3 om w Zo Lo � N x li ZT 7-0 /< I . PERMIT# pA E PLAN VIEW 1' = 40' R'PLIMff'S ME L100 /SLc COMM. ASSO, 1 JOB RDDRESS 20/ V1,,4 L/00 SOUD I MMO ' /7' 99 ' j CALCULATIONS FOR GUIDE PILES AND FLOATATION FOR LIDO ISLAND FLOATING DOCK SYSTEM IN NEWPORT BEACH, CA Prepared For. Utility Vault Company PO Box 1390 Fontana, CA 92334-1390 Prrpared By. BLUEWater Design Group San Pedro, California March 29, 2001 He Number. 2033-A-1 Table of Contents Calculations Design Layout Determine Wind Pressures Determine Wind Loads Determine Pile Loads Pile Material, Specs and Layout Drawing Pile Capacity check Floatation Calcs — Floats 1 - 14 (Utility Vault) Floatation Calcs — Fingers 1 - 17 (Utility Vault) /I" -t � 11, $ 1� N No. C 5001.9 Exp' O/ '�LQF cCA0Q�� t9_01 Pages 1 2 3 4 5 7-8 F1 — F45 F46 — F50 04((iA) - I oal 7.wa,e ;n%oaP100 ��I 1sv>ay; nso>Pro(� o�laoaa a on:owaO ��I 15oaa d ;AcoaPu� >�l y:ooa,d: oaexro4 sol 16o>a d ;uaoapp© n'„I'iso>a,d aa:o>Pw� ;-I 1:y>a d; ns..PI 0 �OVD8 1?�OdM�N �-iS I oa n �J cn CID � cul 7soaa,d ansoapp4 �W 7syae,d enso>pp© cul 1swa,d.WlSvaPpO cul 1sy>a,d aPsv>pp4 -aul ')spaa�d allall mvlp� 7uf 'isvaa,d aAsv>Pip4 'aul 'lscaa,d; AsvaplpO cul •isvaa,d: psvayp© � CD cul lsvaa,d; n—mo �W1s> d.-- .1p4 �>ul 7sma,d aAsaaPPO '>ul 7coaa d :Asv>vWn � u �mo cul 'iseaa,d.ansv>PI()O ->ul •lsvaa,d ynsvapp4 cul 'isv>a,d aiismPp© CD E z 8: 1 H- O V) < C/-) < F-- D 0 LLJ W < _j W < LLJ LU CD 0 F- < z < z < L'i -i 0 0 IL gnaw. a O 0 C) 0 0 0) 0 G) 1 0-) CD 0-) LO — < 0 >- < I F- i--) [if (if 0 cr) I-- _j LO 0 >- < 0 C) u) LLJ C) L'i -i V) �j U) �j V) �j Cf) =j LLI z � L'i > (D Ld 0 C) crJ F- L, F-- D Y-- D 0 < < F < F-- < F-- 0 0 0 C) -1 0 Li F- 0 >- 0 77) 0� >- < w 0 LLJ 0 LLJ p LLJ p Cf) Ld LL LA < -i :E _j 0 0 0 0 U') zJ Y < p p 0 CN (D r- LL Ll F- C) F-- U � C) F - C) cr) LLI LLJ < < o < < < W LLI u Li U) ()-I LLJ < 0 0 0 C) 0 0 0 0 0 0- F- < < Lu r- 00 00 00 (7) Co 0 m Z -D C\i m 11) m 't 0') to m (.D m r- m 00 0) 0-) CD m oN of L--, T 0 7 0 7 0 1 0 T 0 7 0 7 CD 7 0 T CD T 0 0 m m m m m m m O D F- D D 0 N ::D O 0 Cl) 0 0 0 0 0 0 0 0 0 0 < < < < < < < < < -j _j LO (D r- 00 0') 0 — d- < < < < < I-- < < F- < < < < < < < -j O J 0 -i 0 -i 0 -i 0 -i 0 -i 0 -j 0 -i 0 _j 0 -i 0 _j 0 0 _j -i 0- w W L, ;I- LO O rl- co 0) I,- CD co co C\l 00 n co d- 00 Ln co co (D C)7) T 0 I 0 0-) 7 0 0') 7 0 (Y) T 0 G) T 0 0-) T C) 0-) 7 0 m 7 0 0-) 7 0 G) T 0 0) T 0 0 0) 0-) fn 0 p m g H19H3� Ltlov ntl a3no .a J e� Y Z Q 2 Q Q Vy y a l 3p_ r ro 30 y 3o J& J W o o m m =amwo w JQ_ o imu �d Da tl Vj K d q q'a 4 Ja %d ' I � H19H31 '�NOJ ' � J J Q S W J 3 S E P'1 NqF /A9le �+ W A fZ .i �Ww FQW W 6 I N j z is ra Goj N n3 ~iuW I W54 _ u� ca I 01,92 .91-16 P�4 y3" you w� �Z 3K3 � 0 V%a _ Z a a � Q: y � t ® Q_ ui " y W: n � U At-.E O u Z-Y O _ Cl_ co 1 � n e-n ' � -sla s ltlatdxL sura haao nv a3na ,zn o-se i Mg IVQIJ ll' a d34Z �3 i rc wino m m � o ti W QOp N �c � Ei p LL S tt E2 0Q W l— q rc 2 Z y r� I J V O ti i 2 Q Z w _ 4 x Q 14 2 $ 3 m Ga .8 � x � 2 o � u 0 m � ti l— q r� I J O 2 w x w w 5 2 o � 3 y d .1. u 0 r'l CD c ig D o �,N '-dAl .9 �u V) F G�x < '2 J X za CU zkj 31MONOO cc, Y' V �SV all L E: _ U I fw •- a F x�z N N w _ sz erl �o Zci ? 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Building Owner: Lido Isle Corrmunity Association Phone: ( 949) 673-6170 Address: 701 via Lido Soud, Newport Beach, CA 92663 Street city State Zip Contact Person or Appellant (if other than owner): Mel Richley Phone: ( 949) 673-7767 Address: 809 via Lido Soud, Newport Beach, CA 92663 Street City State Zip Legal description of property which is subject of the request: It is tidelands called Parcel E in the lease to the association from the City and described by meter and bounds along the south side of Via Lido between the Lido Isle bridge and the first house on the island (Lot 885). Assessors Parcel Number (APN): None, exempt from property tax. Address or location of property, which is subject of the request: 201 via Lido Soud Description of any proposed buildings or structures or alterations of existing buildings located or to be located on said premises. Provide permit or plan check number where applicable: 2261-2001 Project is to replace existing rotted out 37 year old wood marina wi oa s cast of concrete. Hasa request for modification or alternate methods & materials been filed? YES_ NO X If Yes, please attach a copy of that request and result if applicable. ,/Cite specific section and subsection of the Uniform Code from which an appeal is being requested. Attach two sets of all sketches, drawings or diagrams [one full size set and one set no larger than 8 iz x 14): J // 32R 112 V This request is for an appeal of the Building Official's [Decision] [Determination) Please state the action you are appealing and the date of the action: r?,a1 , i...t G Justification (State reasons for your appeal): See attached Lido Isle Ccffuunity Association \ Owner/Appellant signature: BY: ��2 Date: October 9, 2002 Mel Rithley, Agent Receipt No. and stamp: This is a request to the Board of Appeals to approve a variation regarding handicap gangway access to the floats in a marina to be built of concrete replacing the rotting 37 year old existing wood manna. Following enactment of the Americans with Disabilities Act, the federal regulators embarked upon writing regulations to augment the law. At the time this project was taken over by the undersigned more than three years ago, I phoned the California Department of Boating and Waterways to obtain information regarding the recommended widths for various lengths of slips. In the conversation with Bill Curry of that Department, I asked, "What is the latest regarding handicap requirements?" He replied, "They are writing the regulations in Washington as we speak." I asked how I could obtain a copy. He supplied me with the web site address. The proposed regulations at that time provided that if a marina is at a location with a tidal action of more than five feet, but less than ten, the marina would be exempt from the handicap gangway requirement if the marina contained less than 10,000 square feet. I discussed this with the head of the building department and the head of the marine department. The head of the building department said, "The community association owes you a debt of gratitude." We proceeded to obtain an Approval in Concept from the City November 10, 1999 for the marina as it is presently proposed including the exemption from the handicap ramp, as shown on the attached copy of that approval. On October 11, 2000 the project was approved by the Coastal Commission, but it was December 2001 before we had met various requirements of their staff. The engineering plans for the marina were approved by the City June 25, 2001 as shown on the attachment to the copies of the plans enclosed. June 2002, the electrical, mechanical and fire plans were approved by the City. We believed we were ready to proceed except for the dredging permit the City had been striving to obtain for several years. We have recently received that. On September 17, 2002, I received a letter from the City that the plan check on the electrical, mechanical and fire plans had expired. I phoned the number in the letter to say I had the permit in hand. The woman said the City records did not show the permit had been issued because the balance of fees had not been paid. She said I should talk with Steve Hook. I went to the City Hall to see him. Steve was not available so I talked with Faisal Jurdi. Faisal was concerned about our meeting handicap access ramp requirements. I told him we were exempt from the gangway requirement because the marina was under 10,000 square feet but would meet restroom and street access requirements. Faisal said he was not aware of any such rule. I said I would get a copy of it for him. I could not readily find my copy, so I phoned Bill Curry in Sacramento. He faxed me a copy. He also informed me that proposed final regulations regarding ADA for boating facilities were to become effective October 3, 2002 and gave me the web site address. The final federal regulations exempt marinas having fewer than 25 slips from the handicap gangway requirement instead of the exemption described earlier. Our marina contains 29. The regulations include that if the side tie area does not designate boat locations as to length, the length of such floats is to be divided by 40 and the result used as the number of slips there. Our marina has 298 (42+91+63+63+18+21) feet of side tie. Dividing 298 by 40 results in 7.45 or 8 slips. Adding that to the 16 (11+5) actual slips results in a total of 24 slips which of course is less than 25. But our marina does designate the 20 foot side tie locations, so our count is 29. 312 It has been explained to me that the reason the proposed exemption of less than 10,000 square feet was changed to under 25 slips, is that the regulators became concerned that large marinas would be designed with very narrow walkways and fingers to beat the rule. Our headwalks are six feet ►wow But the main point is that this marina was planned when the proposed rule governing this marina exempted it if it were less than 10,000 square feet. It contains 5,011 square feet, approximately one half the 10,000 exemption figure. This was done in good faith having first obtained the approval in concept from the City showing no handicap ramp. Faisal Jurdi has told me that several years ago he was contacted by Moffatt & Nichol, as the representatives of the Lido Isle Community Association, regarding this proposed marina, and told them the handicap ramp was required. The person from Moffatt & Nichol was Tim Bazley. That was approximately four years ago. Since then Tim Bazley has left Moffatt & Nichol to establish his own engineering firm in San Pedro designing marinas under the name Bluewater Design Group. When Utility Vault, the builders of the concrete floats for this marina were in the design stage, their engineering staff was overloaded. They employed Tim Bazley to do the engineering. As a result, we hired Tim Bazley to do the mechanical and fire plan for us. Tim was well aware of the proposed Federal rule and our approval in concept from the City, so he engineered the Utility Vault plans which do not contain the handicap ramp and he designed the plans for the mechanical and fire the same. This matter has been discussed with both Bill Curry of the California Department of Boating and Waterways and Bill Bolton of the United States Government's Architectural and Transportation Barriers Compliance Board in Washington D. C. Both of them are of the opinion that this marina with the 29 slips should be approved as designed with a gangway 30 feet in length and not a 1:12 ramp because of the above cited history. The floats have been built because Utility Vault has a six month lead time requirement due to their back order situation. There appeared to be no question the marina was exempt under its approval in concept and other discussions with City officials. The handicap ramp, when required, consists of a gangway approximately 30 feet long going to a fixed tower approximately four feet high and five foot square sitting on a float in the marina and then a solid ramp on the floats approximately 50 feet long going the four feet down to the float. That may not sound like much, but the space required would eliminate the twelve 20 foot side tie slips, and we are told by the local marine contractors would cost approximately $60,000. to $70,000. Attached is a copy of the proposed handicap ramp as sketched by Moffatt & Nichol in 1998 showing the planned headwalk increased in width by six feet to support the location of the handicap ramp. As shown, it results in the elimination of the twelve 20 foot side tie slips, except one at the end. If an attempt were made to put side ties along the side of the handicap ramp, the width of the float would need to be increased resulting in insufficient room for boats to pass the docked ones. As stated, if the request is not granted, we simply would be forced to eliminate side tie locations to get under the 25 slip limit. If the marina were restricted to less than 25 slips, who would benefit? The provisions for the handicap would be exactly as presently planned, so they would not benefit. There are 88 persons on the Lido Isle Community Association's waiting list for side tie space. So eight persons would remain on the waiting list if that portion of the marina were not installed and approximately $26,000 worth of floats would be surplus. This is not a public facility. It is totally fenced and only tenant members of the community association have keys to it. The plans as approved by the City in the Approval in Concept in 1999 should be approved. Request for that is hereby made. tiC 1 TY OF NEWPORT SEACH CITY OF Kf3:P4fZT BERCN MY No r PR�IFI C . oCE P YICIHITY MRP 7 ", m ax' . ¢ /Z.O �C��ACEM�rGY�I'il � JMY Ear �rrY I� gQT70M� l P,R�PQSEO �Exif'ic /nom 7'-/2.O P�bvoseo f 8. o No 1 �Q 3 QO Q J c� o Q Q N 8 Z � 0 c� a- o ZE O ASS INSPECTI1 x r SA BRASS Ll t� W EEL GRASS IN THE o I-- PROJECT AREA _ 2 -73-zoo PERMIT# D PLAN VIEW 1` = 40' FPP,-I0'�,lT'S WVE L/DD /SL -,5 COMM..4SS0, JOB RD�SS201 K4 L/DO SOUP I CATE6'/7 99 �,-7 w 7r ow ti P iii 1p W, o �e Hoas t G?1blFfwt � CITY OF NFWPOR T BEACH Cl" OF NOPIORT GM 1. WEST 1 1MAE xo< >b � ,Seundln9t =411=1h, M fast And 'r»t" QIYOri4fl! 8er�p' df M�w�+ Lew Low Mbrr. 8uimooj fJddt GyVCillt, 60 .0 sEcnoN B r �.a• rso. ,�. j Pu6P' trawl s' x e' Pw _ J'-3' , 2'6• C—s� 3s1 20' ,t'— �j'_d ;�0f9""oy Ek tb Grawrd (r6)µ MtYtr Pse 742-Oo SS O A -L^ COND! nDNS A I' Or d&.SECSEC/ON KA PLAN WEW 1 "=4Q' A PPUCAMrS xAkE utb 'SLf err Assc AYM JW AOW=- OA 7E- Sw Boating Facilities 15.2 Boating Facilities,43oating facilities shall comply with 15.2. 15.2.1 Gangways. Gangways which are part of an accessible route shall comply with 4.3. Gangways shall be permitted to have transition plates tit the top and bottom. Exception 1. The maximum rise specified by 4.8.2 shall not apply to gangways. aceptivn 2. Gangways shall be permitted to exceed the maximum slope specified by 4.8.2 �..�� when the distance in feet between the design high point and the level of the,water, and the square footage of fixed and floating piers at the facility are in accordance with Table 1.5.2.1, Ezceplion 3. Handrail extensions shall not be required on gangways ar landings where they - connect to transition plates and shall not be required on transition plates. Tabl 1c 5.?.1 Conditions When Gangway May Exceed 1-;12 Maximum Slope (Text version of'Tablc 15.2.1 46 of 5'2 7;'9/99:1:37 i - ------------------------------------------------------------------------------------------------ S=_p-24-02 09:31A P.03 Rec .ation Facilities Noticc ol.Propcsed Ruiein)ahin; hrp://www,access-board.rLo,,,-rulesirecT'Pnn.lr ______--_.._.._.-_.__._-..__....._.-_...._._-__.._._..__._....,..,...-....__.. ............. I Distance in Feet Between Design high Point 'And Squarc Footage of Fixed and Floating Piers and Water Level Is Over at the Facility Is Less Than 12.5 3,000 .......... _ . 5.0 10,000 1 U.0 120,000 ' 5 1..30,000 30.0 95,0()0 LL m x w �EWPO CITY OF NE "TORT BEACH o� BUILDING DEPARTMENT s 3300 NEWPORT BLVD. cq�iFoa�'�� P.O.BOX 1768, NEWPORT BEACH, CA (949) 644-3275 October 17, 2002 Mr. Mel Richley 809 Via Lido Soud Newport Beach, CA 92663 SUBJECT: Application for Appeal of Disabled Access Requirement, 201 Via Lido Soud Dear Mr. Richley: We reviewed your submittal for an appeal of the Building Official's determination on disabled access requirement to the Lido Island Marina. Your submittal does not include documentation, which shows that available options of providing an accessible ramp have been fully explored. The sketch you provided for a ramp and gangway on the west side of the marina shows them located in the middle of the dock. This option should be explored with the gangway and ramp located adjacent to the sea wall. The requirement for a wider head walk would be offset by making the slips four feet shorter (32' instead of 36'). Also explore leaving the center gangway as shown and provide wheelchair access via the existing gangway located at the east side of the property. These two options and other possible options need to be fully explored by the project engineer. The project engineer should prepare sketches drawn to scale and any construction cost estimates should be from a marine contractor. This documentation is necessary to show that it is an unreasonable hardship to provide disabled access to the marina. Please list the California code section under which you propose to provide equivalent disabled access, in the "justification" section of the application. You have not submitted evidence that the dock design has been reviewed and approved by Public Works. You only submitted evidence of "Approval in Concept" from the Marine Division. Design of docks have to be submitted for review and approval by the Building Department unless you have drawings previously reviewed and approved by the Public Works Department. Please call me if you have any questions regarding this letter. Very truly yours, BUILDING DEPARTMENT Jay Elbettar{-k.E., C.B.O., Director Fais'al Jurdi, , C.140. Deputy Building Dtr6ctoj FJ:mg Fays&UO vieLi Soud e-mail: cnb_blgCcity.newport-beach.ca.us 31 Webpage: www.city.newport-beach.ca.usibuilding lido isle community association 701 VIA LIDO SOUD, LIDO ISLE NEWPORT BEACH, CA 92663 TELEPHONE: (949) 673-6170 FAX: (949) 673-6827 October 21, 2002 Mr. Faisan Jurdi, P. E., C. B. O. Deputy Building Director City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Dear Mr. Jurdi: BUILDING DEPARTt iEf J OCT 2.1 2001 CITY OF NEWp 013 CALIFORNi. �E- This letter is in reply to yours of October 17, 2002. In 1998 the Association employed Moffatt & Nichols to design the replacement for the existing marina. At that time, there was no exception to providing a handicap ramp to a marina. Their solution to the problem is attached to our application. They simply eliminated the 20 foot side ties. That sketch by Moffatt & Nichol is a bit crude, but that is their solution sketched by them. Moffatt & Nichol is probably the largest designer and authority of marinas in the United States. We consider them to be the experts on the subject of locating such a ramp. The Association decided to nurse along the existing rotting wood marina for a few years rather than displace the side tie occupants at that time. However, when I became involved in mid 1999, as stated, I learned the Federal government was writing regulations on the subject. I obtained a copy of those regulations. They provided our marina of approximately 5,000 square feet was exempt from the gangway requirement because we were under the 10,000 square foot exemption for those areas having a tidal change greater than five feet. y I went to Jay Elbettar to tell him of my discovery and to seek his input regarding other items. As to the proposed regulation regarding the gangway to the marina, as stated in our application, he commended me for finding it. The issue in the appeal is the ramp or gangway to the floats. We proceeded in good faith believing that marinas under 10,000 square feet like ours were exempt. Because of the six month and greater backlog at Utility Vault and our permits materializing, we authorized the construction of the concrete floats. The metal attachment fittings are cast in the concrete. They cannot simply be cut shorter. Plus, the boats in the 36 foot slips cannot fit in 32 foot slips. a non-profit cooperative organization of all lido isle property owners And if the ramp were located next to the seawall, we would need a six foot wide float instead of the four foot wide one already cast to accept the five foot wide ramp and tower and the gangway would start at the bridge end. As to using the gangway at the east end of the bulkhead, there is not sufficient length along the bulkhead to accommodate a handicap ramp. As to California Code sections, we do not propose to provide equivalent disabled access. The current Federal regulations exempt marinas with fewer that 25 slips, but still require at least a 30 foot long gangway which our plan does include. As to the dock design being approved by Public Works, the City has that. I saw it just last week in the City's Marine Department office with the approval stamped and written on it. Our copy is identical to that one. We anxiously await knowing when this matter is scheduled for review by the Board of Appeals. We do hope they agree there is no benefit to anyone to scrap concrete floats waiting to be installed which were built under regulations proposed at the time of their manufacture. Very truly yours, Nlel Richley ?�3 M poRT CITY OF NEWPORT BEACH BUILDING DEPARTMENT = 3300 NEWPORT BLVD. FORN�P P.O.BOX 1768, NEWPORT BEACH, CA (949) 644-3275 October 25, 2002 Robert Holt, President Lido Isle Community Association 701 Via Lido Soud Newport Beach, CA 92663 SUBJECT: Application for Appeal of Disabled Access Requirement, 201 Via Lido Soud Dear Mr. Holt: This letter is to inform you that the appeal application filed on October 10, 2002, by Mr. Mel Richley on behalf of Lido Isle Community Association is incomplete. On October 17, 2002, I sent Mr. Richley a letter informing him of necessary additional documentation to support the appeal application (copy attached). On October 21, 2002, we received a response, which contained project history without the requested documentation (copy attached). Your appeal application is incomplete since there is no evidence that your engineer explored the feasibility of providing disabled access to the Marina as required under the California Building Code. Absent this documentation, the Board of Appeals will not be able to make findings of unreasonable hardship to comply with disabled access requirements. Please let me know whether the Association wishes to submit the appeal to the Board without the requested documentation. The Building Department will retain a consultant to evaluate the feasibility of providing a complying ramp and prepare the staff report based on the information solely provided by the consultant prior to scheduling a Board hearing for your appeal. Please inform me of the Association Board's decision in writinc, Very truly yours, BUILDING DEPARTMENT Jay Elbett P.E., C.B.O., Director By: ` Fai 1 Jur ' Ph., C.4.0. Deputy Building ' ector FJ:mg Attachments: Lido Isle Community Association letter, dated 10/21/02 Building Department's letter to Mr. Mel Richley, dated 10/17/02 C: David Shockley, Lido Island Community Association Mel Richley, Lido Island Community Association Fay%anOlViaLidoSoud 10-25-02 �\\ �J e-mail: cnb_big( i_ucity.newport- beach. ca. us Webpage: www.city.newport-beach.ca.us/buiI ding ' ! i '2k lido isle community association 701 VIA LIDO SOLID, LIDO ISLE NEWPORT BEACH, CA 92663 TELEPHONE: (949) 673-6170 FAX: (949) 673-6827 December 2, 2002 Mr. Faisal Jurdi, P.E., C.B.O. Deputy Building Director City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 RE: Application for appeal - 201 via Lido Soud Dear Mr. Jurdi: 3UILDING DEPARTMENT DEC 0 4 2002 CITY" OF N-EwFuh i otA+;►i CALIFORNIA This letter is in reply to your letters of October 17 to me and October 25, 2002 to Mr. Holt. Everything in our appeal is restated. This is in reply to your letters only and replaces my reply to you dated October 21, 2002. Our appeal is based on hardship incurred in good faith relying on what we believed to be the rules regulating access to marinas. We were told by Mr. Bill Curry of the California Department of Boating and Waterways that the rules regulating the subject were being written in Washington as he and I spoke in summer of 1999. He supplied me with the web site address, and I obtained a copy of those regulations, a copy of part of which is attached to our appeal. Based upon these 1999 Federal regulations and comments regarding them by City officials, we proceeded to obtain an Approval in Concept from the City and approval by the California Coastal Commission. After the engineering in our plans was approved by the City and Utility Vault had an opening to fit in the casting of our concrete floats by them in their normal six month back log, we authorized them to cast the floats last spring. It was our belief at that time that the only approval we lacked was solving the problem of getting handicap access to our restrooms at the marina. They are 28 inches above the contiguous deck of the marina. Also the providing of a remote operated gate opener to the marina so handicap tenants can have access by auto. Those two items have been agreed with the City. So the only remaining 9-5- a non-profit cooperative organization of all lido isle property owners item is the access to the floats. As stated, we were acting in good faith in proceeding believing the small size of our marina exempted us from providing the handicap ramp. In your letter of October 17, you state that our appeal does not include documentation that available options of providing an accessible ramp have been fully explored. That is true. Our appeal is based on hardship in that the concrete floats for our marina were cast in belief that our small marina is exempt from having one. As to the Moffatt & Nichol sketch, it shows a six foot wide float added to the marina floats to locate such a ramp. That sketch was done in 1998 before the 1999 regulations exempted a marina the size of ours. But, because of your letters, our project engineers, Bluewater Design Group, has discussed the project with you, and submitted three alternatives utilizing an 80 foot gangway. Alternative 1 shows the same thing as the 1998 Moffatt & Nichols sketch, but using an 80 foot gangway instead of a 30 foot gangway and ramps built between towers on the floats. That alternative would eliminate eight of the 20 foot side ties. I thought you were asking us to show that the cost would exceed 20 percent of the cost of the marina to allow us to be exempt because in your letter you requested that we obtain our engineers design and our contractors cost estimate. Our contractor gave us a breakdown of the costs showing a cost of $63,350.00 for Alternative 1 and $199,227.00 for the marina or nearly 32 percent additional. But when I discussed this with you, you said that 20 percent item only applied if the principal cost was less than $93,000.00 and if it was not a new facility which you consider our replacing our rotted out wood marina to be. Alternative 2 goes beyond our property line extension, so cannot be done. Alternative 3 involves shortening most of the 26 foot slips and I'm sure was done by mistake by the draftsman. I believe what Tim Bazley, who is Bluewater Design Group, had intended his draftsman to draw is what you eluded to in your letter. That is, placing the 80 foot gangway against the bulkhead across from Alternative 1. That would decrease the lost slips to four, but would cost more than Alternative 1 because it would require more six foot floats to be supplied than would Alternative 1 not to mention the existing side tie concrete floats what would be scrap which cost $26,000.00. You showed me a reply you had received from the Federal Access Board stating the regulations published September 3, 2002, effective October 3, 2002 would be final in 2003 when the Department of Justice adopts them. The person who signed that letter to you, Bill Botton of the Access Board, is the same person who told me the City should allow us to build the marina as planned with a 30 foot gangway. I was out of town last week. Upon my return, Bill Curry of the California Department of Boating and Waterways was on my answering machine. He stated that he had met last Tuesday with Michael Mankin of the California Compliance Office regarding these new federal regulations. Bill Curry said that Michael Mankin's office intends "to bring Title 24 into perfect and complete compliance with the ADA guidelines." He invited anyone interested in our Lido marina to phone him at (916) 263- 8161 on Mondays or Tuesdays if they have a question on this subject. As stated in our appeal, Bill Curry also believes we should be allowed to build the marina as planned. We filed our appeal October 9, 2002. It took approximately a month to get the sketches from Tim Bazley's office. We had planned to build the marina last winter, but obtaining other approvals extended that to our plan to build in October and November. I hope we can plan completion before next summer. Your help in scheduling this appeal in the near future is requested. Very truly yours, Mel Richley cc: LICA Board of Directors 27 z , mm m.. z n ci bZA � Amy � Df20CT Z A D r � Z W m O A D A r r�e�y �-m-IAy I D m .D r"=N ? fn 0 Lido Isle 6 6 3'-10' I Cb c3'Im U DAD tdr z m A y d1=A I � N N Z mm mm N m m BULKHEAD C,, tf 2 N m D p D Z C CM Z D d 2c �portsslo y d, 2500-1,i Via CabrlW731 na. ke 200 1"=15' 1l19j San Ver .390231 310o59B880' GANGWAY 3132 n 2033 M¢ C 50pN Ta>c "U 5 PT 2, @ 36' SLIPS >a 2 ♦ Oi.sGg65 * I • i I a m'°t — 3M DOCKS (ALT 1) R 3 "nr ►Q rota, a al.:s®t 2—b I N W to 35-7 i/2'v N OVER ALL Ci7NC. DIMS TYPICAL 5 PLS.. ( - A Z m Z m z Z mm m 3'-10' I Cb c3'Im U DAD tdr z m A y d1=A I � N N Z mm mm N m m BULKHEAD C,, tf 2 N m D p D Z C CM Z D d 2c �portsslo y d, 2500-1,i Via CabrlW731 na. ke 200 1"=15' 1l19j San Ver .390231 310o59B880' GANGWAY 3132 n 2033 M¢ C 50pN Ta>c "U 5 PT 2, @ 36' SLIPS >a 2 ♦ Oi.sGg65 * I • i I a m'°t — 3M DOCKS (ALT 1) R 3 "nr ►Q rota, a al.:s®t 2—b TATUS N D p b r r� w t7 3 A D N - D Z Z D nr 0 0Z I Z z < Im -i I 3951 0 - Z DT.O W m � r 2 NI'13� m D A D r y n Z0 N m f1 0 >< N -i Z D.Z1 N N -C9N N on Z O Z .Zl -n n i Z D Z r m r A ey � mm w A I- N -i '0 t7 r N � - r 25'-% �2' 1 A A CONC. LENGTH 1 \ 1 � 00 `fT mm M, n D D � C .- Zr <n w ��� DZ \ O A ( o !'1 lel by A N fDT \\ > /j r WNm D 00d�D \\� 1 z c b 0 LZl 26 MSD D Z�< .N -.11A D< D 6 1 zK1. � 6._p. O 11YERIAtt D 11 2 N n N \ cn j^xt \ Isle `SS'�w 2500Y1a[abd1l.M.fln 5ukei0D San Veda, G 90]31Tek 310 Ste 3132Lido Fa.a3105te1924 $0' GANGWAY „� 9 @ NORTHEAST r d Y.twh t H -A. ;H .. .R. DOCKS (ALT 2). TAMS Lido Isle N N N N CONC. LENGTH A O Cl C]"ly Emmn r U1 zma> 0 N A Z N Ul ODA X MIM a A�vm Ul a D r f� N !j ^^ \ `) .prA 1 �m�N .I-. M2. O ODGlm om Nr SN Nmm AN: -i V1 p J /J N N 0 0 1 A D Nr A =_ u 0 D Fn N mm N O Lido Isle N N N N CONC. LENGTH A O Cl C]"ly Emmn r U1 zma> 0 N A Z N Ul ODA X MIM a A�vm Ul a D r f� N !j ^^ \ `) .prA 1 �m�N .I-. M2. O ODGlm om Nr SN Nmm AN: -i V1 p J /J N 1 m N mm M, D 0 r mm z I E Iry E D { N A A 00 czim� ro p z y 1 I r �r�im bA N if Im :- D C NC'1-I D ESS/ 1 2500VaCabrlNo Ma u 6u e200 San Pedrq G W731 Tt1:3105483132 Fac 34 310548 ]9 80' GANGWAY @ CENTER o b 2.033 4 M` PT DOCKS PM 9,'m,>mu'°°'�"1 s°','1`.., r _ lH — A T '� 4 m x W rM CASH & ASSOCIATES Engineering and Architecture December 16, 2002 City of Newport Beach Building Department 3300 Newport Blvd. PO Box 1768 Newport Beach, CA Attention: Mr. Faisal Jurdi Subject: 201 Via Lido Soud-Lido Marina Replacement Project Plan Check and Disabled Access Compliance Assessment (C&A Job No. 5986.00) Gentlemen: Elliott H. Boone Randy H. Mason \XriIfrido B. Simbol Kerry M. Simpson Cash & Associates was requested to provide a general assessment of the submitted materials, for the above -referenced project. The materials reviewed consist of the following: 1. Building Code Board of Appeals -Application for Appeal -10/10/2002 2. City of Newport Beach letter -10/25/2002 3. Lido Isle Community Association letter -12/2/2002 4. Dwg No. D90-173 (Plan Layout) Oldcastle Precast, Inc 5. Dwg Nos. 2of3, 3of3, 4of4 (80ft Gangway options) Bluewater Design Group For this submittal to be properly reviewed by the City of Newport Beach, the following data and documents should be provided by the applicant: A scaled site plan showing access, parking, restrooms, pedestrian access, existing bulkhead and dock plan (existing and new), property/parcel lines, topographic and hydrographic map of the land and bay bottom within the limits of the proposed development. North arrows should be noted on all plan drawings. In addition, an engineer's assessment of the existing and/or new guidepiles that will be incorporated into the new layout should be provided. Based on a review of the submitted documents, we have concerns about the following: a. Depth of water along seawall. The depth of water at the seawall nearest the Lido Bridge is obviously higher than the -3.0 noted on the referenced documents above, necessitating a dredging effort in order to install the new headwalk desired. Submitted documents do not 5772 Bolsa Avenue, Suite 100 ■ Huntington Beach, CA 92649-1134 USA ■ TEL: (714) 895-2072 ■ (562) 426-6145 ■ FAX (714) 895-1291 Mail: PO. Box 2715, Huntington Beach, CA 92647-0715 • Web Site: www.cashassociates.com ■ A California Corporation City of Newport Beach Lido Marina Evaluation and Disabled Access Compliance Assessment Mr. Faisal Jurdi (C&A Job No. 5986.00) December 16, 2002 Page 2 indicate that a dredging effort is being contemplated. See the attached photograph noting that at a low tide (approximately -1.0 MLLW at time of photograph), the bay bottom is exposed. b. Bulkhead, pierhead, project and parcel lines must be noted on the submitted drawings to evaluate potential options for disabled access, as well as dock layout. C. Confirmation by a surveyor that the seawall is at a MLLW elevation of +8.0, as noted in the documentation supplied. This topside elevation, as well as required documentation that establishes the floating freeboard of the docks, becomes the baseline for evaluating gangway slopes and criteria conformance. Note that the City of Newport Beach requires developments incorporating seawalls, to be extended to a +9.0 MLLW elevation. The City must decide if this criteria will be enforced for this project. d. Is disabled access being provided for the path of travel from the designated parking areas to the marina facilities; ie, the restroom and gangways? If parking is offsite on City streets, is this acceptable to the City of Newport Beach? Disabled access is required from these parking areas, along the path of travel, to the marina facilities. The existing grades and cross -slopes of the access driveway and boatyard must be provided, to assess these conditions. The applicant should also submit existing or proposed plans of the existing restroom, that identify that this facility is or will be Disabled Access compliant. Based on our review of the documents, and without the benefit of the information noted above, the following is our assessment of Disabled Access compliance: There are two government entities responsible for enforcing responsible design solution and standards for accessibility. These entities are the State of California Division of State Architect (DSA), and federal Architectural and Transportation Barriers Compliance Board (ATBCB). The DSA derives its authority from state regulations governing construction in the state, and the ATBCB derives its authority from civil rights legislation (Disabled Access 1990 Act). 2. City and County municipalities take their primary direction from the State of California. The California Building Code, Section 1132B.2(4) simply states, "Boat docks, fishing piers, etc, shall be accessible.", without detailing the prescriptive requirements that constitute accessibility, because of the dynamic nature of the marine environment. Federal regulations are similar in dealing with this issue, by 1�k City of Newport Beach Mr. Faisal Jurdi December 16, 2002 Page 3 Lido Marina Evaluation and Disabled Access Compliance Assessment (C&A Job No. 5986.00) stating a general requirement for accessibility compliance in Section 10. 1, but when detailing specific technical requirements for accessibility later in Section 10.5 for Boat and Ferry Docks, the section is marked "RESERVED". Since approximately 1992, the federal government, via the ATBCB, has been drafting an amendment document to cover various recreational and other facilities requiring disabled access, not definitively covered by the ADA 1990 Act. The Final Draft of this document was issued on September 3, 2002. This Draft is not yet law, and becomes so only after approved by the federal Department of Justice. This formal approval could take months or years to complete. 3. Lacking specific guidelines to meet the State requirement that "Boat docks, fishing piers, etc, shall be accessible", many municipalities have been using various publications and unofficial interpretations of these "Draft" federal guidelines made public by ATBCB, during the federal development process. Incorporating any or all of these "Draft" guidelines is a calculated risk, since they are not yet law, subject to interpretation and legal challenge, and recognizes that any state could elect to be more stringent in their interpretation of access requirements than mandated by the federal government. As is generally recognized, the State of California has traditionally taken the lead in being proactive when dealing with social and environmental issues. 4. Conclusion: It is our opinion that based on State codes, Disabled Access is required for this marina. Issues regarding federal thresholds that may preclude the need for an accessible gangway, ie, slip thresholds (25 slips or less) or area thresholds (10,OOOsf or less), have not yet been recognized by the State of California. Once again, it should be understood that the State of California could decide to incorporate these Draft Federal Guidelines in part, in full, and may be more stringent for California facilities. Until definitive state and federal standards are set, it is our opinion that Disabled Access compliance is mandated for all new and reconstructed facilities under State of California requirements. Evaluation of Disabled Access Gangway Options 1. If between 25 to 50 slips are provided for this marina, two slips should meet dock width requirements of 5ft min. walking space, as well as the other access requirements noted in ATBCB. If the Applicant decides that only 25 or less slips are appropriate for the marina, only one slip would be required for Disabled Access compliance. 2. Bluewater Design Group Alternatives Evaluation (See attached, reduced drawings from Bluewater) City of Newport Beach Lido Marina Evaluation and Disabled Access Compliance Assessment Mr. Faisal Jurdi (C&A Job No. 5986.00) December 16, 2002 Page 4 Alt No. 1 -Feasible for the gangway installation and use, but would drastically reduce the effective waterspace needed for the desired sideties, rendering these sideties "grounded" at low water. See potential cost of this alternative below, excluding dredging. Alt No.2-Not feasible since the gangway and supporting dock structure would project beyond the property line limits. Alt No.3-Feasible, but platform conflicts with planned headwalk. This option would require notching the existing headwalk. Also note that high water with surge in this portion of the harbor is approximately +8.OMLLW. If the dock has a freeboard of approximately 18 inches, top of dock would be at elev +9.5MLLW. The elevation of the seawall cap is noted at +8.OMLLW by the applicant. Even if the dock is notched to eliminate the interference from the extended platform, the platform must be elevated such that the gangway does not "bottom -out" on the dock below at high tides. More study regarding this option is required by the applicant. See potential cost of this alternative below. 3. An eighty foot Disabled Access gangway could be developed near the entrance to the facility, with a platform constructed midway down the vehicle access driveway. Based on the data supplied, it appears this land is located within the applicant's parcel, and would be available for development. Confirmation of this concept should be evaluated once the parcel lines are noted on the site drawings properly. This option would require a new pile -supported platform with guardrailing. Disabled Access compliance of the driveway used as a pedestrian walkway must also be evaluated with this option See Exhibit A. This general location could also be used to develop a 60ft gangway with fixed ramps of 1:12. This option is not represented on the sketch, and would require considerably more dock support. It is believed that dreding would not be required for this option, but should be investigated further. 4. Optionally, a proprietary gangway device, "RampRider", could easily be installed alongside the boat hoist area, but at a substantially higher cost than for the other options. This option would also require a new pile -supported platform with guardrailing, as well. This option was apparently not evaluated in the materials submitted by the Applicant. See Exhibit B. Estimated Construction Costs: Based on recent construction experience, the costs for the various components of this access system could range between the amounts noted: a. 2 -piled platform with railings: $35,000 to $55,000 b. 80ft Disabled Access gangway, installed: $38,000 to $45,000 �f � City of Newport Beach Lido Marina Evaluation and Disabled Access Compliance Assessment Mr. Faisal Jurdi (C&A Job No. 5986.00) December 16, 2002 Page 5 C. RampRider, installed: $90,000 to $100,000 d. 60ft Disabled Access Gangway, with ramps: $100,000 to $125,000 Pricing above does not include geotechnical and/or environmental studies, design and permits, or the additional floatation (dock sf) to support the gangway device chosen. Structural floatation could range between $40 to $60 per square foot, excluding piles, accessories and utilities. The various gangway options could impose 3,000 to 4,000 pounds of deadload, and 1,000 to 8,000 pounds of additional liveload depending on the gangway device chosen, requiring additional floatation for support. Pile cost can range between $2,000 to $4,000, depending on various geotechnical and pile selection variables. It is assumed that pile -driving equipment mobilization/demobilization is already made part of the original project costing. If not, it must be added to any alternative or optional approach noted below. For the purpose of establishing the relative cost of these alternatives, as they relate to both the overall project cost, as well as to one another, the following comparisons can be made. These estimates should be considered to be +/- 15%. Bluewater Design Group Alternatives: Alt. No. 1: $85,300, excluding potential dredging Alt. No.2: Not Feasible Alt. No.3: $95,400 These Alternate estimates assume that the proposed 80ft gangway can be directly attached to the existing seawall cap without new foundations or cap replace ment/modification, to accommodate the additional weight and loads. If cap modification is required, the estimate above must be revised upward accordingly. Exhibit A Option: $106,900 Exhibit B Option: $155,600 If you have any questions regarding this letter, please contact me. RHM ref: G:\Projects\5986.00 Lido Marina Assessment.wpd Very truly yours, CASH & ASSOCIATES ,4,�� Randy H. Mason , P.E. President 4/1') I a I D X 1 rm pr OCICy r N Ibpyz lO OmAp 11 3'-10' ro _65 _ Q � N I 1 n a o 9_It' 26'-10 1/2' DOD -� zzz [] -1 D EAC D u �zCv aAD AD - (ll z:0 yV v - tlpD� tlfmi z o o A z m l Ey tl ;< r A z IZit z D M W - D y D y y ^ fl D (1 r y 1' �.1 C) ll _ mo (n mA cn n i r_I i .n z z z - l> r x !z z Nn A T V ti Z tl DZ m � 1 f' Z Nm2 D Z D � pvzrm � 1 N z o Z Eom zA-1 6-4 _..Z D 2 rm m o , tl mm Ar In � < v A D r In .p ; 25'-7 1/2' OVER ALL CONC. LENGTH o V 1 F I 0 O _ U m A 1 mm D 0 j] E CCN D U ZZtl � a C m v Kn r g A tlmm O D"1 UO d �aa(g,w,� :S99Y.C.WWcNr..S.�]� S.n iM,a, U 991)1 80' GANGWAY 1n9ro •1.19519]3]2 "_"°'""" @ CENTER 2033 Lido Isle`«.�.�. DOCKS Pr 4 ►r W.f�. u/ I.rtrrt M31. 3 ALT.4 1H ,� - Y,:;! ,..� s ,�" �- A� :.: K .. o- ;" ��} ¢u A -.e, �, ¢fJr r� Z I ...f � 2001 CALIFORNIA BUILDING CODE L c face between the pad and road or other detectable warning in ac L C cordance with Section 1133B.8.5. L A L C NOTE: Detectable warning products and directional surfaces LC installed after January], 2001, shall be evaluated by an independent L A L C entity, selected by the Department of General Services, Division of the L A State Architect -Access Compliance, for all occupancies, including L A transportation and other outdoor environments, except that when L C products andsurfaces are used in residential housing evaluation shall LC be inconsultation with the Department ofHousingand Community De - LC velopment. See Government Code Section 4460. L A L A Bus stop pads shall be atsame slope as roadway in the direction L A parallel to roadway, andmaximum 2 percent slope perpen dicu lar L A to roadway. L C Where provided, provide bus stop shelters installed so as to per - L A mit a wheelchair user to enter the shelter and access a clearfloor loor L A area of 30 by 48 inches (762 mm by 1219 ntm), completely within L A the shelter. Bus stop shelters shall connect to an accessible route L A and to bus stop pads. Only approvedDSAIAC detectable warning L A products and directional surfaces shall be installed as provided in L A A the California Code of Regulations (CCR), Title 24, Part 1, Ar - L ticles 2, 3 and 4. Refer to CCR Title 24, Part 12, Chapter 12 -IIA L c and B, for building and facility access specifications for product L C approval for detectable warning products and directional sur - L C faces. L A L c ,VOTE: Detectable warning products and directional surfaces L C installed after -January 1, 2001, shall be evaluated by an independent LC entih; selected bythe Department ofGeneralServices,Division ofthe L C State Architect -Access Compliance, for all occupancies, including L A transportation and other outdoor environments, except that when L C products and surfaces are for use in residential housing, evaluation LC shallbeinconsultation with the Department ofHousingandCommuni- LC ty Development. See Government Code Section 4460. L A L C L a SECTION 1132B — OUTDOOR OCCUPANCIES L C L A 1132B.1 General. Outdoor occupancies shall be accessible as L A required in this chapter. See also the general requirements listed in L A Section 1114B.1.1. L C L C 1132B.2 Parks and Recreational Areas. The following parks L C and recreational areas shall comply with these regulations. L C EXCEPTIONS: 1. In existing buildings, when the enforcing agency L A determines that compliance would create an unreasonable hardship, L C a variance shall be granted when equivalent facilitation is provided. L A L C 2. Where the enforcing agencyfindsthat, inspecific areas. the natu- LC ral environment would be materially damaged by compliance with LC these regulations, such areas sha11 be subject to these regulations only L A to the extent that such material damage would not occur. L C 3. Automobile access shall not be provided or paths of travel shall L A not be made accessible when the enforcing agency determines that CHAP. 11B, DIV.. 11 1131B.4 1132B.3.1 compliance with these regulations would createan unreasonable hard- ship. 1. Campsites. Campsites, a minimum of two and no fewer than three for each 100 campsites provided, shall be accessible by level path or ramp and shall have travel routes with slopes not exceed- ing 1 unit vertical in 12 units horizontal (8.33% slope) to sanitary facilities. Permanent sanitary facilities serving campgrounds shall be accessible to wheelchair occupants. 2. Beaches, picnic areas. Beaches, picnic areas, day -use areas, vista points and similar areas shall be accessible. 3. Sanitary facilities. Sanitary facilities, to the extent that such facilities are provided, each public use area that is accessible to wheelchair occupants by automobile, walks or other paths of travel. 4. Boatdocks. Boat docks, fshingpiers,etc.,shall beaccessi- ble. 5. Parking lots. Parking lots shall be provided with accessible parking spaces and with curb cats leading to all adjacent walks, paths or trails. 6. Trails and paths. Trails, paths and nature walk areas, or portions of these, shall be constructed with gradients which will permit at least partial use by wheelchair occupants. Hard surface paths or walks shall be provided to serve buildings and other func- tional areas. 7. Nature trails. Nature trails and similar educational and informational areas shall be accessible to the blind by the provi- sion of rope guidelines, raised Arabic numerals and symbols for identification, information signs, and related guide and assis- tance devices. NOTE: For museums, orientation buildings, visitor centers, office buildings, retailstores, restaurants, etc., andsan itarvfacilities serving these uses, seeSections 1104B through 111113 and sections listed in Sec- tion 1114B.1.1. 1132B.3 Highway Rest Areas. The specific standards of acces- sibilityfor highway rest areas and similar facilities shall be as fol- lows in Section 1132B.3.1, subject to other provisions in these regulations. 1132B.31 Permanent facilities. At least one kind of permanent functional area or facility, as applicable, shall be accessible to persons with disabilities, including: 1. A sanitary facility for each sex. 2. At least one picnic table and one additional table for each 20 tables, or fraction thereof provided. 3. Information and display areas. 4. Drinking fountains. 5. At least one parking space. 6. Curb ramps conforming to Section 1127B.5 shall be pro- vided at pedestrian ways where appropriate. 1-134.47 CHAP. 1,1 B, DIV. l 11146 1114B.2.2.2 L A SECTION 11148 —FACILITY ACCESSIBILITY L C When buildings are required to be accessible, buildings and facili- L A ties shall be accessible as provided in this section and in those sec - L C ttions listed in Section 1114B.1.1. L n III4B.l Design and Construction. L A 1114B.1.1 General. When accessibility is required by this chap - L AA ter, it shall be designed and constructed to meet the minimum re - L A quirements of the following sections: L C L c ChapterllB. Accessibility; Division I,NewBuildings;Division L c II, Site Accessibility; Division III, Accessibility for Entrances, Ex - L A its and Paths of Travel; and Division N, Accessibility for Existing L C Buildings L C Entrances—[for HCD1/AC] Section 1120A.1;[for DSA/AC] L C Section 1133B L A L A Doors —[forHCDl/ACJ Section 1120A.2;[forDSA/AC] Sec- L CA tion 1133B.2 L A Corridors —[forHCD I/ACJ Section 1120A.3, [for DSA/ACJ L A Section 1133B.3 L C L c Stairways —[for HCD I/ACJ Section 1120A.4; [for DSA/ACJ L c 13 Section I3B.4 L C Ramps —[forHCDI/AC]Section1120A.5;[forDSAIAC]Sec- L C tion 1133B.5 L A L A Aisles —[for DSA/ACJ Section 1133B.6 L a Walks and Sidewalks —[forHCD VA Section 1120A.7; [for L c DSA/AC] Section 1133B.7 L C Hazards —[for HCD 1/ACJ Section 1120A.7; [for DSA/ACJ L C Section 1133B.8 -L C Elevators —[for HCD 1 /AC] Section 3003 L A L A SpecialWheelchairLifts—[forHCDl/ACJ Section 1110A.2; L A [for DSA/AC] Section III 6B.2 L C L C Alarms —Chapter 35. L A �L A See also Part 3, California Electrical Code. L C L C 1114B.1.2 Accessible route of travel. When a building, or por- L c tion of a building, is required to be accessible or adaptable, an L A accessible route of travel shall be provided to all portions of the L A building, to accessible building entrances and between the build - L A ing and the public way. Except within an individual dwelling unit, L A an accessible route of travel shall not pass though kitchens, stor- L C age rooms,restrooms,closetsorotherspacesusedforsimilarpur- L C poses. At least one accessible route within the boundary of the site L C shall be provided from public transportation stops, accessible LC parking and accessible passenger loading zones, and public L A streets or sidewalks, to the accessible building entrance they L C serve. The accessible route shall, to the maximum extent feasible, L C coincide with the route for the general public. At least one accessi- L c ble route shall connect accessible buildings, facilities, elements L C and spaces that are on the same site. At least one accessible route L c shall connect accessible building or facility entrances with all ac - L c cessible spaces and elements and with all accessible dwelling L c units within the building or facility. An accessible route shall con - L A nett at least one accessible entrance of each accessible dwelling L A unit with those exterior and interior spaces and facilities that L A serve the accessible dwelling unit. L C L c Where more than one route of travel is provided, all routes shall L c be accessible. LC EXCEPTION: Where an elevator is provided for vertical access, L C onlv one elevator is required. Where more than one elevator is pro - L A vided, all elevators shall be accessible. 1-134.30 2001 CALIFORNIA BUILDING CODE See Section 1114B. 1. 1 for a list ofcode sections applicable to acces- C L Bible route of travel. C L - 1114B.1.3 Primary entry access. All entrances and all exterior C L ground -level exits shall be accessible in compliance with Section C L 1133B.1.1. C L 1714B.1.4 Signs. See Section 11176.5. C L A L 1114B.1.5 Adaptable dwelling units. See Section IIIIB. ��. A L= " 1114B.2 Egress and Areas for Evacuation Assistance. c L `'- A L 1114B.2.1 [For SFMJ General. In buildings or portions of C L c L buildings required to be accessible, accessible means of egress C L shall be provided in the same number as required for exits by c L ChapterlO. When anexit required byChapter 10isnot accessible, A L an area for evacuation assistance shall be provided. A L"`� Areas for evacuation assistance shall comply with the require- C L c L ments of this code and shall adjoin an accessible route of travel C L complying with this code. L EXCEPTIONS: LAreas ofevacuation assistance are not required c C L in buildings or facilities having a supervised automatic sprinklersjs C L tem. 2. In alterations of existing buildings, areas of evacuation assis- A L C L A L tante are not required. 1114B.2.2 [For SFMJ Areas for evacuation assistance. C L a L C 1114B.2.2.1 [For SFMJ Location and construction. An area L C L for evacuation assistance shall be one of the following: C L 1. [ForSFM] A portion of a stairway landing within a smoke- A L A L proof enclosure, complying with Section 1005.3.3. c L 1 L 2. [ForSFMJ A portion of an exterior exit balcony located im- A L mediately adjacent to an exit stairway when the exterior exit A L .. balcony complies with Section 1006.3. Openings to the exterior of A L the building located within 20 feet (6096 mm) of the area for evac- A L uation assistance shall be protected with fire assemblies having a A L three fourtlis-hour fire -protection rating. A L 3. [For SFM] A portion of a one-hour fire -resistive corridor A L complying with Section 1004.3.4 located immediately adjacent to A L an exit enclosure. C L A L 4. [ForSFMJ A vestibule located immediately adjacent to an c L exit enclosure and constructed to the same fire -resistive standards A L as required by Section 1004.3.4. A L 5. [For SFIITJ A portion of a stairway landing within an exit C L C L enclosure which is vented to the exterior and is separated from the c L interior of the building by not less than one-hour fire -resistive c L door assemblies. A L 6. [ForSFMJ When approved by the building official, an area c L or room which is separated from other portions of the building by c L a smoke barrier. Smoke barriers shall have a fire -resistive rating c L of not less than one hour and shall completely enclose the area or c L room. Doors in the smoke barrier shall be tightfitting smoke- and A L draft -control assemblies having afireprotectionrating ofnotless A L than 20 minutes and shall be self-closing or automatic closing. A L The area or room shall be provided with an exit directly to an exit A L enclosure. When the room or area exits into an exit enclosure A L which is required to be of more than one-hour fire -resistive A L construction, the room or area shall have the same fire -resistive C L construction, including the same opening protection, as required C L . for the adiacent exit enclosure. C L 7. [For SFMJ An elevator lobby complying with Section A L a L 1114B.2.3. A L 1114B.2.2.2 [For SFMJ Size. Each area for evacuation assis- c L tante shall provide at least two accessible areas that are not less c L than 30 inches by 48 inches (762 mm by 1219 mm). The area for A L CHAP. 1,1B, DIV. N 11338.4.2.6 1133B.5.4.6 L C 1133B.4.2.6 Handgrips. L A L A 1133B.4.2.6.1 The handgrip portion of handrailsshall be not less L C than 1114 inches (32 mm) nor more than 1112 inches (38 mm) in L A cross-sectional nominal dimension or the shape shall provide an L A equivalent gripping surface. The handgrip portion of handrails L A shall have a smooth surface with no sharp corners. Gripping sur - L A faces (top or sides) shall be uninterrupted by newel posts, other L A construction elements or obstructions. Any wall or other surface L C adjacent to the handrail shall be free of sharp or abrasive ele- L A L C ments. Edges shall have a minimum radios of 118 inch (3.2 mm). L A L C EXCEPTIONS. 1.Inexisting buildings when the enforcing agency L C determines that compliance with any requirement under Section L A 1133B.4.2 would create an unreasonable hardship, an exception to the L A requiremen tforpersons with disabilities maybe granted when equ iva- L C lent facilitation it provided. L C 2. These regulations shall not apply in existing buildings where le - L C gal or physical constraints will not allow compliance with these regu- L A lations or equivalent facilitation without creating an unreasonable L C L C hardship. See Section 101.17.11, Item 4. L c 11338.4.2.6.2 The orientation of at least one handrail shall be in L c the direction of the run of the stair and perpendicular to the direc- L c tion of the stair nosing, and shall not reduce the minimum required L c width of the stairs. L A L A 1133B.4.3 Tactile stair level identification sign. Tactile stair lev- L C el identification signs that comply with III 7B.1 -B shall be located L c at each floor level landing in all enclosed stairways in buildings LC two or more stories in height to identify the floor level At exit dis- L C charge level, the sign shall include a raised five pointed star lo - LCA c cated to the left of the identifying floor level. The outside diameter L c of the star shall be the same as the height of the raised characters. L A L C 1133B.4.4 Striping for the visually impaired. The upper L c approach and the lower tread of each stair shall be marked by a L c strip of clearly contrasting color at least 2 inches (51 mm) wide L c placed parallel to and [not more than 1 inch (25.4 mm) from) the L c nose of the step or landing to alert the visually impaired. The strip L c shall be of material that is at least as slip resistant as the other L c treads of the stair. L C Where stairways occur outside a building, the tipper approach L c and all treads shall be marked by a strip of clearly contrasting L C color at least 2 inches (51 mm) wide and placed parallel to and not L C more than 1 inch (25.4 mm) from the nose of the step or landing to L c alert the visually impaired. The strip shall be of a material that is L A at least as slip resistant as the other treads of the stair. A painted L A strip shall be acceptable. L C L C 1133B.4.5 Treads, nosing and risers. L A L A 1133B.4.5.1 Treads. All tread surfaces shall be slip resistant. L C Weather -exposed stairs and their approaches shall be designed so LC that water will not accumulate on the walking surfaces. Treads L C shall have a smooth, rounded or chamfered exposed edges, and no LC abrupt edges at the nosing (lower front edge). L A 1133B.4.5.2iVosing.Nosingshall notprojectmore than h;zinch L A (38 mm) past the face of the riser below. L C L c 1133B.4.5.3 Open risers are notpermitted.Onany givenflightof L c stairs, all steps shall have uniform riser height and uniform tread L A widths consistent with Section 1133B.4. Stair treads shall be no L A less than 11 inches (279 mm) deep, measured from riser to riser. L A See Figure IIB -35. Risers shall be sloped or the underside of the L A nosing shall have an angle not less than 60 degrees from the hori- L A Zontal. L A EXCEPTIONS: 1. In existing buildings, when the enforcing agency L C determines that compliance with any requirement under this section L C would create an unreasonable hardship, an exception to persons with L C disabilities requirementsmay be granted when equivalent facilitation L A is provided. 1-134.50 2001 CALIFORNIA BUILDING CODE 2. These regulations shall not apply to existing buildings when legal orphysical constraints will not allow compliance with these reg- ulations or equivalent facilitation without creating an unreasonable hardship. See Section 101.17.11, Item 4. 1133B.5 Ramps. 1133B.5.1 General. Ramps used as exits shall conform tothepro visions of this section. Any path of travel shall be considered a ramp if its slope is greater than 1 foot (305 mm) rise in 20 feet (6096 mm) of horizontal run (5% gradient). The least possible slope shall be used for any ramp. 1133B.5.2 Width. The width of ramps shall be as required for stairways and exits. 1133B.5.2.1 Widths as for exits. The width of ramps shall be as required for stairways and exits. Pedestrian ramps shall have a minimum width of 48 inches (1219 mm). 1133B.5.2.2 Entrance and special occupancy. Pedestrian ramps serving entrances to buildings where the ramp is the only exit discharge path or serves an occupant load of 300 or more shall have a minimum clear width of 60 inches (1524 mm). Ramps serving Group R Occupancies may be 36 inches (914 mm) clear width when the occupant load is 50 or less. 1133B.5.3 Slope. The maximum slope of a ramp that serves any exit way, provides access for persons with physical disabilities or is in the path of travel shall be 1 foot (305 mm) rise in 12 feet (3658 mm) of horizontal run (8.3% gradient). 1133B.5.3.1 The cross slope of ramp surfaces shall be no greater than 1 unit vertical in 50 units horizontal (2% slope). 1133B.5.4 Landings. Level ramp landings shall be installed as follows: I133B.5.4.1 Location of landings. Level ramp landings shall be provided at the top and bottom of each ramp. Intermediate land- ings shall be provided at intervals not exceeding 30 inches (762 mm) of vertical rise and at each change of direction. Landings are not considered in determining the maximum horizontal distance of each ramp. Landing shall be level as specified in the definition of "level area" in Section 202. NOTE: Examples of ramp dimensions are as follows. 1133B.5.4.2 Size of top landings. Top landings shall be not less than 60 inches (1524 mm) wide and shall have a length of not less than 60 inches (1524 mm) in the direction of ramp run. 1133B.5.4.3 Encroachment of doors. See Section 1133B.5.4.1. 1133B.5.4.4 Strike edge extension. The width of the landing shall extend 24 inches (610 mm) past the strike edge of any door or gate for exterior ramps and 18 inches (457 mm) past the strike edge for interior ramps. 1133B.5.4.5 Landing width. At bottom and intermediate land- ings, the width shall be at least thesame as required for the ramps. 1133B.5.4.6 Change ofdirection. Intermediate and bottom land- ings at a change of direction in excess of 30 degrees shall have a dimension in the direction of ramp run of not less than 72 inches (1829 mm) to accommodate the handrail extension. 5� OCTOBER 1, 2002 ERRATA C L C L C L C L A L C L A L C L A L C L A L AL C L C L A L C L A L C L A L C L A L C L A L C L C L A L C L A L C L C L A L C L A L C L A L C L A L C L A L A L C L C L A L CL A C L A C L A L C L C L A L C• A L C L A L C L A L C L A L C .A L C L .A L C L C L A L C L A L C L A L C L A L C L C L A L C L A L C A L C L A L C L A L C L A L C L A L C L A L C L A I- C C L A L C L A L C L C L A L A L A L C L A L C L C L A L C L A L MAXIMUM RISE (inches) MAXIMUM HORIZONTAL PROJECTION (feet) SLOPE (x 25.4 for mm) (x 304.8 for mm) 1:12 30 30 1:16 I 30 40 1:20 I 30 50 1:15 30 37.5 1133B.5.4.2 Size of top landings. Top landings shall be not less than 60 inches (1524 mm) wide and shall have a length of not less than 60 inches (1524 mm) in the direction of ramp run. 1133B.5.4.3 Encroachment of doors. See Section 1133B.5.4.1. 1133B.5.4.4 Strike edge extension. The width of the landing shall extend 24 inches (610 mm) past the strike edge of any door or gate for exterior ramps and 18 inches (457 mm) past the strike edge for interior ramps. 1133B.5.4.5 Landing width. At bottom and intermediate land- ings, the width shall be at least thesame as required for the ramps. 1133B.5.4.6 Change ofdirection. Intermediate and bottom land- ings at a change of direction in excess of 30 degrees shall have a dimension in the direction of ramp run of not less than 72 inches (1829 mm) to accommodate the handrail extension. 5� OCTOBER 1, 2002 ERRATA C L C L C L C L A L C L A L C L A L C L A L AL C L C L A L C L A L C L A L C L A L C L A L C L C L A L C L A L C L C L A L C L A L C L A L C L A L C L A L A L C L C L A L CL A C L A C L A L C L C L A L C• A L C L A L C L A L C L A L C .A L C L .A L C L C L A L C L A L C L A L C L A L C L C L A L C L A L C A L C L A L C L A L C L A L C L A L C L A L C L A I- C C L A L C L A L C L C L A L A L A L C L A L C L C L A L C L A L 2001 CALIFORNIA BUILDING CODE L C 1133B.5.4.7 Other intermediate landings. Other intermediate L c landings shall have a dimension in the direction of ramp run of not L c less than 60 inches (1524 mm). L A L A 1133B.5.4.8 For existing ramps or ramps not covered by Section IIL C 1133B.5.4.1, landings shall be provided as set forth in Section L C 1133B.5.4.1. L C L c 1133B.5.4.9 Hazards. Required ramps shall have a curb at least L A 2 inches (51 mm) high, or a wheel guide rail 2 to 4 inches (51 to LI L A 102 mm) high on each side of the ramp landing that has a vertical L A drop exceeding 4 inches (102 mm) and that is not bounded by a L A Wall or fence. L C L c 1133B.5.5 Handrails for ramps. L A �L a 1133B.5.5.1 Handrails are required on ramps that provide ac - L A cess if slope exceeds 1 foot (305 mm) rise in 20 feet (6096 mm) of L ,Ci horizontal run (5% gradient), except that at exterior door land - L C ings, handrails are not required on ramps less than 6 inches (152 L C mm) rise or 72 inches (1829 mm) in length. Handrails shall be L c placed on each side of each ramp, shall be continuous the full L c length of the ramp, shall be 34 to 38 inches (864 to 965 mm) above L c the ramp surface, shall extend a minimum of I foot (305 mm) be - L c gond the top and bottom of the ramp and the ends shall be retur- L c ned. Handrails projecting from a wall shall have a space of not L c less than 1112 inches (38 mm) between the wall and the handrail. L A Handrails may be located in a recess if the recess is a maximum of L c 3 inches (76 mm) deep and extends at least 18 inches (457 mm) L A above the top ofthe rail. The grip portion shall not be less than 1114 L A inches (32 mm) nor more than 1112 inches (38 mm), or the shape L A shallprovide an equiva tent gripping surface and all surfaces shall L C besmooth with nosharp corners. Handrails shall not rotate within L C their fittings. Any wall or other surface adjacent to the handrail L C shall be free of sharp or abrasive elements. Edges shall have a L c minimum radius of 718 inch (3 mm). L A L A EXCEPTIONS: 1. Handrails at ramps immediatefv adjacent to L C fixed seating in assembly areas are not required. L A L � 2. Ramps that require handrails and that serve one individual L C dwr_l[ing unit in Group R, Division 1 or 3 Occupancies may have one L A handrail except that such ramps open on one or both sides shall have La handrails provided on the open side or sides. LA 3. Cub ramps do nor, equire handrails. L C L c 1133B.5.5.1.1 Ramp handrails. Where the extension of the hand - L c rail in the direction of the ramp run would create a hazard, the ex - L A tensions on handrails for ramps shall comply with Section L c 1133B.4.2.4, or the extension on the handrail may be turned 90 de- L a grees to the run of the ramp. L C L c 1133B.5.6 Wheel guides. Where the ramp surface is not bounded L c by a wall or fence and the ramp exceeds 10 feet (3048 mm) in L c length, the ramp shall comply with one of the following require - L A ments. L A L C 1133B.5.6.1 A guide curb a minimum of 2 inches (51 mm) in L C height shall be provided at each side of the ramp; or L C LA 1133B.5.6.2 A wheel guide rail shall be provided, centered L a 3 inches (76 mm) plus or minus I inch (25 mm) above the surface C L A or the ramp. L C L c 1133B.5.7 Ramps more than 30 inches (762 mm) above the adja- (iL c cent ground shall be provided with guardrails as required by this I L c section and Section 1003.3.4.6. Such guardrails shall be continu- L c ous from the top of the ramp to the bottom of the ramp. L A L a 1133B.5.7.1 Guardrails. Ramps and landings open on one or L C both sides shall have guardrails as required by this section. L C L c 1133B.S.7.2 Where required. Unenclosed floor and roof open - L A ings, open and glazed sides of stairways, aisles, landings and CHAP. 11B, DIV. III 1133B.5.4.7 1133B.5.7.5 ramps, balconies or porches that are more than 30 inches (762 mm) above grade orfloor loor below, and roofs used for other than ser- vice of the building shall be protected by a guardrail. Guardrails shall be provided at the ends of aisles where they terminate at a fascia of boxes, balconies and galleries. EXCEPTION: Guardrails need not be provided at the following locations: 1. On the loading side of loading docks. 2. On the auditorium side of a stage, raised platforms and other raised floor areas such as not ways, ramps and side stages used for en- tertainment orpresentation. Along the side ofan elevated -walking sur- face when used for the normal functioning of special lighting or for access and use of other special equipment. At vertical openings in the performance area of stages. 3. Along vehicle service pits not accessible to the public. 1133B.5.7.3 Height. The top of guardrails shall not be less than 42 inches (1067 mm) in height. EXCEPTIONS: 1. The top of guardrails for Group R, Division 3 and Group U, Division I Occupancies and interior guardrails within individual dwelling units, Group R, Division 3 congregate residences and guest rooms of Group R, Division I Occupancies may be 36 inches (914 mm) in height. 2. The top guardrails on a balconv immediatefv in front of the first row offuedseatsand that are not at the end ofan aisle may be 26 inches (660 mm) in height. 3. The top of guardrails for stairways, exclusive of their landings, may have a height as specified in Sections 1120A.4.1 and 1133B.4.1.1 for handrails. Where an elevation change of 30 inches (762 mm) or less occurs between an aisleparallel to the seats (cross aisle) and the adjacent floor or grade below, guardrails not less than 26 inches (660 mm) above the aisle floor shall be provided. EXCEPTION: Where the backs of seats on the front of the cross aisle project 24 inches (610 mm) or more above the adjacent floor of the aisle, a guardrail need not be provided. The top of guardrails at the ends of aisles terminating at the fas- cia of bores, balconies and galleries shall extend for the width of the aisle and be no closer than 42 inches (1067 mm) to the closest surface of the aisle where there are steps and 36 inches (914 mm) otherwise. 1133B.5.7.4 Openings. Open guardrails shall have intermediate rails or an ornamental pattern such that a sphere 4 inches (102 mm) in diameter cannot pass through. EXCEPTIONS: 1. The open space between the intermediate rails or ornamental pattern ofguardrai[s in areas ofcommercial and indus- trial -type occupancies that are not accessible to the public may be such that a sphere 12 inches (305 mm) in diameter cannot pass through. 2. The triangular openings formed by the riser, tread and bottom element ofa guardrail at the open side ofa stairway may be of such size that a sphere 6 inches (152 mm) in diameter cannot pass through. For guardrail requirements at grandstands, bleachers or other elevated seating facilities, see Section 1133B.5.7.5. 1133B.5.7.5 Perimeter guardrails. Perimeter guardrails, en- closing walls or fencing shall be provided for all portions of ele- vated seating facilities that are more than 30 inches (762 mm) above grade or the floor. Construction of guardrails shall comply with the requriements of Section 1133B.5.7 and Table 16-B. Guar- drails shall be 42 inches (1067 mm) in height measured vertically above the leading edge of the tread adjacent walking surface or adjacent seatboards. EXCEPTION: Guardrails at thefront of thefront row ofsears that are not located at the end of an aisle and where there is no cross aisle may have a height of 26 inches (660 mm) and need not meet the 4 inch maximum (102 mm) spacing specified in Section 11338.5.7; however, a midrail shall be installed. 1-134.51 C A C A C A C A C A C A C A C A C A C A C A C A C C A C A C A C A C A C A C A C A C A C A C A C A C A C A C A C A C A C A C A C A C A C A C A C A C A C A 2001 CALIFORNIA BUILDING CODE 4. As an alternate to Figure 11B -20A, Case A, one ramp may be placed in the center of the curb return as in Figure HB -20C, Case E. 5. When ramp is located in center of curb return, crosswalk configu- ration figu- ration must be similar to that shown on the plan to accommodate wheelchairs. (See Figure II11-22.) 6. If planting area width is equal to or greater than ramp length, ramp side slope distance equals3 feet (914 mm). (See Figure IIB -20D, Case G.) 7. For Figure 11 B -20C, Case F and Figure 1111-20D, Case G, the longitudinal portion of the sidewalk may need to be depressed as shown in Figure 1113-20A, Case B. 8. If located on a carve, the sides of the ramp need not be parallel, but the minimum width of the ramp shall be 4 feet (1219 mm). 9. The ramp shall have a 12 inch -wide (305 mm) border with I/4 inch (6mm) grooves approximately 314 inch (19mm) on center. Seegrooving detail, Figure 11B -20D, Case H. SECTION 1128B — PEDESTRIAN GRADE SEPARATIONS (OVERPASSES AND UNDERPASSES) Pedestrian ramps on pedestrian grade separations shall comply with the requirements of Section 1133B.5 for ramps. Cross slopes of walking surfaces shall be the minimum possible and shall not exceed 114 inch (6 mm) per foot (2.083% gradient). The slope of any appreciably warped walking surface shall not ex- ceed 1 unit vertical in 12 units horizontal (8.33% slope) in any di- rection. Wherepedestrian grade separations cross streets or other vehicular traffic ways, and where a street level crossing can rea- sonably and safely be used by persons with physical disabilities, there shall be provided conforming curb ramps and a usable path- way. EXCEPTIONS: 1. When the grade differential of the walking sur- face of a pedestrian grade separation exceeds 14 feet (4267 mm) due to required height clearance and grade conditions, and the enforcing agency finds that because of right-of-way restrictions, topography or natural barriers, wheelchair accessibility or equivalent facilitation would crea to an unreasonable hardship, such accessibility need not be provided. However, the requirements in these regulations relating to other types of mobility shall be complied with. 2. For existing facilities, this section shall not apply where, due to legal or physical constraints, the site of the project will not allow com- pliance with these regulations or equiva lent facilitation without creat- ing an unreasonable hardship. CHAP. 11B, DIV If 1127B.5 11298.4 NOTE: See Section 101.17.11, Item 4. SECTION 1129E —ACCESSIBLE PARKING REQUIRED 1129B.1 General. Each lot or parking structure where parking is provided for the public as clients, guests or employees, shall provide accessible parking as required by this section. Accessible parking spaces serving a particular building shall be located on the shortest accessible route of travel from adjacent parking to an accessible entrance. In parking facilities that do not serve a par- ticular building, accessible parking shall be located on the short- est accessible route of travel to an accessible pedestrian entrance of the parking facility. In buildings with multiple accessible en- trances with adjacent parking, accessible parking spaces shall be dispersed and located closest to the accessible entrances. Table IIB -6 establishes the number of accessible parking spaces re- quired. EXCEPTION: Thissubsection shall not apply to existing facilities where compliance with local ordinances precludes satisfying the above requirements or of providing equivalent facilitation unless a change of occupancy occurs. 1129B.2 Less Than Five Spaces. When less than five parking spaces are provided at buildings and facilitiessubject to these reg- ulations, one shall be 14 feet (4267 mm) wide and lined to provide a 9 -foot (2743 mm) parking area and a 5 -foot (1524 mm) loading and unloading area. However, there is no requirement that the space be reserved exclusively or identified for use by persons with disabilities onlv. 1129B.3 Aledical Care Outpatient Facilities. At facilities pro- viding medical care and other services for persons with mobility impairments, parking spaces complying with this section shall be provided in accordance with Table II13-6 except as follows: 1. Outpatient units and facilities. Ten percent of the total number of parking spaces provided serve each such outpatient unit or facility. 2. Units and facilities that specialize in treatment or services for persons with mobility impairments. Twenty percent of the to- tal number of parking spaces provided serve each such unit or facility. TABLE 11B -"PACES REQUIRED Establishes the number of accessible parking spaces required. TOTAL NUMBER OF PARKING SPACES IN LOT OR GARAGE MINIMUM REQUIRED NUMBER OF SPACES 1-25 1 26-50 2 51-75 3 76-100 4 101-150 5 151-200 6 201-300 7 301-400 8 401-500 9 501-1,000 1,001 and over ** *Two percent of total. *'"Twentyplus one for each 100, or fraction thereof over 1,001. L n 1129B.4 Parking Space Size. Accessible parking spaces shall L A be located as near as practical to a primary entrance and shall be L c sized as follows: L c 1. Dimensions. Where single spaces are provided, they shall L c be 14 feet (4267 mm) wide and outlined to provide a 9 -foot (2743 L c mm) parking area and a 5 -foot (1524 mm) loading and unloading access aisle on the passenger side of the vehicle. When more than one space is provided in lieu of providing a 14 -foot -wide (4267 mm) space for each parking space, two spaces can be provided within a 23 -foot -wide (7010 mm) area lined to provide a 9 -foot (2743 mm) parking area on each side of a 5 -foot (1524 mm) load- ing and unloading access aisle in the center. The minimum length 1-134.45 C A C A C A C A C A C A C A C A C A C A C A C A C A c A C A C A C A C A C A C A C A C A C A C A C A C A C A C A C A C A C A C A C A C A C A C A C A C A C A C A C A C A C 4 C A C A C A C A C A C A A C A C A C A C A C A C A C A C A C A C A C A 'CHAP. 11B, DIV. II 1127B 1127B.5 C vi vision n -a►► A C C SECTION 11278 - EXTERIOR ROUTES OF TRAVEL A A 1127B.1 General. Site development and grading shall be de - A signed to provide access to all entrances and exterior grotund- A floor exits, and access to normal paths of travel, and where C necessary to provide access, shall incorporate pedestrian ramps, ncurb ramps, etc. When more than one building or facility is located c on a site, accessible routes of travel shall be provided between A buildings and accessible site facilities. The accessible route of A travel shall be the most practical direct route between accessible C building entrances, accessible site facilities and the accessible en- c trance to the site. CEXCEPTIONS: 1. Where the enforcing agency determines that A compliance with these regulations wou Id create an unreasonable hard - C C ship because of topography, natural barriers, etc., an e-rception may A be granted when equivalent facilitation is provided through the use of C other methods and materials. A C 2. In existing buildings, this section shall not apply in those condi- Ctions where, due to legal or physical constraints, the site of the project Cwould not allow compliance with these regulations or equivalentfaci- A litation without creating an unreasonable hardship. C A C NOTE: See Section 101.17.11, Item 4. A A 1127B.2 Design and Construction. When accessibility is re - A quired by this section, it shall be designed and constructed in A accordance with this Building Code. See Section 1114B.1 for a list A of applicable sections. C C 1127B.3 Signs. At every primary public entrance and at every C major junction along or leading to an accessible route of travel, C there shall be a sign displaying the international symbol of acces- C sibility. Signs shall indicate the direction to accessible building A entrances and facilities and shall comply with the requirements A found in Sections 1117B.5 through III 7B.5.9. C C 1127B.4 Outside Stairways. Where stairways occur outside a A building, refer to Sections 1006.17 of the 1995 California Build - C ing Code, 1120A.4.3 and 1133B.4.4. A A 1127B.5 Curb Ramps. A 1. General. Curb ramps shall be constructed at each corner of A street intersections and where a pedestrian way crosses a curb. A The preferred and recommended location for curb ramps is in the A center of the crosswalk of each street corner. Where it is necessary A to locate a curb ramp in the center of the curb return and the street C surfaces are marked to identify pedestrian crosswalks, the lower A end of the curb ramp shall terminate within such crosswalk areas. A See Figure IIB -20C, Case E. C 2. Width of curb ramps. Curb ramps shall be a minimum of A 4 feet (1219 mm) in width and shall lie, generally, in a single A sloped plane, with a minimum of surface warping and cross slope. A C 3. Slope of curb ramps. The slope of curb ramps shall not ex - c Geed 1 unit vertical to 12 units horizontal (8.33% slope). Transi- C tions from ramps to walks, gutters, or streets shall be flush and free C of abrupt changes, except that curb ramps shall comply with Item C 5 below. Maximum slopes of adjoining gutters, road surface im- C mediately adjacent to the curb ramp, or accessible route shall not C exceed 1 unit vertical to 20 units horizontal (5% slope) within C 4 feet (1219 mm) of the top and bottom of the curb ramp. The slope C of the fanned or flared sides of curb ramps shall not exceed I unit C vertical to 10 units horizontal (10% slope). C 4. Level landing. A level landing 4 feet (1219 mm) deep shall C be provided at the upper end of each curb ramp over its full width A to permit safe egress from the ramp surface, or the slope of the C fanned or flaredsides of the curb ramp shall not exceed 1 unit ver - A tical to 12 units horizontal (8.33% slope). 1-134.44 2001 CALIFORNIA BUILDING CODE C AI+I+C00101LIl 1 5. Beveled lip. The lower end of each curb ramp shall have a A � 112 inch (13 mm) lip beveled at 45 degrees as a detectable way- A L finding edge for persons with visual impairment. C L 6. Finish. The surface of each curb ramp and its flared sides shall be stable, firm and slip -resistant and shall be of contrasting finish from that of the adjacent sidewalk. 7. Border. All curb ramps shall have a grooved border 12 inches (305 mm) wide at the level surface o,fthe sidewalk along the top and each side approximately 314 inch (19 mm) on center. All curb ramps constructed between the face of the curb and the street shall have a grooved border at the level surface of the sidewalk. See Figures IIB -19A and IIB -19B. 8. Detectable warnings. A curb ramp shall have a detectable warning that extends the full width and depth of the curb ramp in- side the grooved border when the ramp slope is less than 1 unit vertical to 15 units horizontal (6.7% slope). Detectable warnings shall consist of raised truncated domes with a diameter of nominal 0.9 inch (22.9 mm) at the base tapering to 0.45 inch (11.4 mm) at the top, a height of nominal 0.2 inch (5.08 mm) and a center -to - center spacing of nominal 2.35 inches (59.7 mm) in compliance with Figure 11B -23A. "Nominal" here shall be in accordance with Section 12 -IIA and B-102, State Referenced Standards Code. The detectable warning shall contrast visually with adjoin- ing surfaces, either light -on -dark or dark -on -light. The material used to provide contrast shall be an integral part of the walking surface. The domes may be constructed in a variety of methods, including cast in place or stamped, or may be part of a prefabri- cated surface treatment. Only approved DSA;AC detectable warning products and di- rectional surfaces shall be installed as provided in the California Code of Regulations (CCR), Title 24, Part 1, Articles 2, 3 and 4. Refer to CCR Title 24, Part 12, Chapter 12-11A and B, for building and facility access specifications for product approval for detect- able warning products and directional surfaces. NOTE: Detectable warning products and directional surfaces installed after January 1, 2001, shall be evaluated by an independent entity, selected by the Department of General Services, Division of the State Architect -Access Compliance for all occupancies, including transportation and other outdoor environments, except that when products and surfaces are for use in residential housing evaluation shall be in consultation with the Department ofHousing and Communi- ty Development. See Government Code Section 4460. 9. Obstructions. Curb ramps shall be located or protected to prevent their obstruction by parked cars. 10. Diagonal curb ramps. If diagonal (or corner -type) curb ramps have returned curbs or other well-defined edges, such edges shall be parallel to the direction ofpedestrian flow The bot- tom of diagonal curb ramps shall have 48 inches (1219 mm) mini- mum clear space as shown in Figure IIB -22 (c) and (d). If diagonal curb ramps are provided at marked crossings, the 48 -inch (1219 mm) clear space shall be within the markings (see Figure 1IB-20B, Cases C and D). If diagonal curb ramps have flared sides, they shall also have at least a 24 -inch -long (610 mm) segment of straight curb located on each side of the curb ramp and within the marked crossing [see Figure IIB -22 (c)]. NOTES: 1. For additional curb details, see Figures IIB -19A and 11B -19B. 2. If distance from curb to back of sidewalk is too short to accommo- date ramp and a 4 -foot (1219 mm) platform as in Figure IIB -20A, Case A, the sidewalk may be depressed longitudinally as in Figure JIB -20A, Case B, or Figure 11B -20B, Case C, or may be widened as in Figure 11B -20B, Case D. 3. Ifsidewalk is less than 5 feet (1524 mm) wide, the full width of the sidewalk shall be depressed as shown in Figure IIB -20B, Case C. A, H m W ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOAR. Page 82 of 107 15.1.8.1 Clear Floor or Ground Space. Clear floor or ground space complying with 4.2.4 shall be provided in the load and unload area adjacent to the amusement ride seats designed for transfer. 15.1.8.2 Transfer Height. The height of the amusement ride seats shall be 14 inches (355 mm) minimum to 24 inches (610mm) maximum measured above the load and unload surface. 15.1.8.3 Transfer Entry. Where openings are provided to transfer to amusement ride seats, the space shall be designed to provide clearance for transfer from a wheelchair or mobility device to the amusement ride seat. 15.1.8.4 Wheelchair Storage Space. Wheelchair storage spaces complying with 4.2.4 shall be provided in or adjacent to unload areas for each required amusement ride seat designed for transfer and shall not overlap any required means of egress or accessible route. 15.1.9* Transfer Devices for Use with Amusement Rides. Transfer devices for use with amusement rides shall comply with 15.1.9 when positioned for loading and unloading. 15.1.9.1 Clear Floor or Ground Space. Clear floor or ground space complying with 4.2.4 shall be provided in the load and unload area adjacent to the transfer devices. 15.1.9.2 Transfer Height. The height of the transfer device seats shall be 14 inches (355 mm) minimum to 24 inches (610 mm) maximum measured above the load and unload surface. 15.1.9.3 Wheelchair Storage Space. Wheelchair storage spaces complying with 4.2.4 shall be provided in or adjacent to unload areas for each required transfer device and shall not overlap any required means of egress or accessible route. 15.2 Boating Facilities. 15.2.1 General. Newly designed or newly constructed and altered boating facilities shall comply with 15.2. 15.2.2* Accessible Route. Accessible routes, including gangways that are part of accessible routes, shall comply with 4.3. Exception 1. Where an existing gangway or series of gangways is replaced or altered, an increase in the length of the gangway is not required to comply with 15.2.2, unless required by 4.1.6(2). Exception 2. The maximum rise specified in 4.8.2 shall not apply to gangways. Exception 3. Where the total length of the gangway or series of gangways serving as part of a required accessible route is at least 80 feet (24 m), the maximum slope specified in 4.8.2 shall not apply to the gangways. http-//www.access-board.gov/recreation/final.htm 09/24/2002 ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOAR. Page 83 of 107 Exception 4. In facilities containing fewer than 25 boat slips and where the total length of the gangway or series of gangways serving as part of a required accessible route is at least 30 feet (9140 mm), the maximum slope specified in 4.8.2 shall not apply to the gangways. Exception 5. Where gangways connect to transition plates, landings specified by 4.8.4 shall not be required. Exception 6. Where gangways and transition plates connect and are required to have handrails, handrail extensions specified by 4.8.5 shall not be required. Where handrail extensions are provided on gangways or transition plates, such extensions are not required to be parallel with the ground or floor surface. Exception 7. The cross slope of gangways, transition plates, and floating piers that are part of an accessible route shall be 1:50 maximum measured in the static position. Exception 8. Limited-use/limited-application elevators or platform lifts complying with 4.11 shall be permitted in lieu of gangways complying with 4.3. 15.2.3* Boat Slips: Minimum Number. Where boat slips are provided, boat slips complying with 15.2.5 shall be provided in accordance with Table 15.2.3. Where the number of boat slips is not identified, each 40 feet (12 m) of boat slip edge provided along the perimeter of the pier shall be counted as one boat slip for the purpose of this section. Table 15.2.3 Total Boat Slips in Facility Minimum Number of Required Accessible Boat Slips 1 to 25 ( 1 26 to 50 I 2 51 to 100 ( 3 101 to 150 I 4 151 to 300 I 5 301 to 400 I 6 401 to 500 ( 7 501 to 600 I 8 601 to 700 I 9 701 to 800 ( 10 801 to 900 I 11 5-9 http://www.access-board.gov/recreation/final.htm oq/?,4/,�nn,? ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOAR. Page 84 of 107 901 to 1000 I 12 1001 and over 12, plus 1 for each 100 or fraction thereof over 1000 15.2.3.1 *Dispersion. Accessible boat slips shall be dispersed throughout the various types of slips provided. This provision does not require an increase in the minimum number of boat slips required to be accessible. 15.2.4* Boarding Piers at Boat Launch Ramps. Where boarding piers are provided at boat launch ramps, at least 5 percent, but not less than one of the boarding piers shall comply with 15.2.4 and shall be served by an accessible route complying with 4.3. Exception 1. Accessible routes serving floating boarding piers shall be permitted to use exceptions 1, 2, 5, 6, 7, and 8 in 15.2.2. Exception 2. Where the total length of the gangway or series of gangways serving as part of a required accessible route is at least 30 feet (9140 mm), the maximum slope specified by 4.8.2 shall not apply to the gangways. Exception 3. Where the accessible route serving a floating boarding pier or skid pier is located within a boat launch ramp, the portion of the accessible route located within the boat launch ramp shall not be required to comply with 4.8. 15.2.4.1 * Boarding Pier Clearances. The entire length of the piers shall comply with 15.2.5. 15.2.5*Accessible Boat Slips. Accessible boat slips shall comply with 15.2.5. 15.2.5.1 Clearances. Accessible boat slips shall be served by clear pier space 60 inches (1525 mm) wide minimum and at least as long as the accessible boat slips. Every 10 feet (3050 mm) maximum of linear pier edge serving the accessible boat slips shall contain at least one continuous clear opening 60 inches (1525 mm) minimum in width (see Fig. 59). http://www.access-board.gov/recreation/fina].htm ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOAR. Page 85 of I07 3E BMs :9115 -.................................................................. Exception 1: The width of the clear pier space shall be permitted to be 36 inches (915 mm) minimum for a length of 24 inches (610 mm) maximum, provided that multiple 36 inch (915 mm) wide segments are separated by segments that are 60 inches (1525 mm) minimum clear in width and 60 inches (1525 mm) minimum clear in length. (see Fig. 60) Exception 2: Edge protection 4 inches (100 mm) high maximum and 2 inches (51 mm) deep maximum shall be permitted at the continuous clear openings. (see Fig. 61) Exception 3`` In alterations to existing facilities, clear pier space shall be ^f http-//www.access-board qnv/rar.rPatinn/final l,tm [`bier s t 3 :. f.. t -, t t ... 1. , �. 60 min 60 Cry€n X. 0 max t .,... .__� ....._.. __: f.. .__.._... ............. .......... ............... ............ ......... ... .......... 59 ......-'---....... .. pfer Edi: ; aE✓e :9115 -.................................................................. Exception 1: The width of the clear pier space shall be permitted to be 36 inches (915 mm) minimum for a length of 24 inches (610 mm) maximum, provided that multiple 36 inch (915 mm) wide segments are separated by segments that are 60 inches (1525 mm) minimum clear in width and 60 inches (1525 mm) minimum clear in length. (see Fig. 60) Exception 2: Edge protection 4 inches (100 mm) high maximum and 2 inches (51 mm) deep maximum shall be permitted at the continuous clear openings. (see Fig. 61) Exception 3`` In alterations to existing facilities, clear pier space shall be ^f http-//www.access-board qnv/rar.rPatinn/final l,tm ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOAR. Page 86 of 107 permitted to be located perpendicular to the boat slip and shall extend the width of the boat slip, where the facility has at least one boat slip complying with 15.2.5, and further compliance with 15.2.5 would result in a reduction in the number of boat slips available or result in a reduction of the widths of existing slips. 15.2.5.2 Cleats and Other Boat Securement Devices. Cleats and other boat securement devices shall not be required to comply with 4.27.3. 15.3 Fishing Piers and Platforms. 15.3.1 General. Newly designed or newly constructed and altered fishing piers and platforms shall comply with 15.3. 15.3.2. Accessible Route. Accessible routes, including gangways that are part of accessible routes, serving fishing piers and platforms shall comply with 4.3. Exception 1: Accessible routes serving floating fishing piers and platforms shall be permitted to use exceptions 1, 2, 5, 6, 7, and 8 in 15.2.2. Exception 2** Where the total length of the gangway or series of gangways serving as part of a required accessible route is at least 30 feet (9140 mm), the maximum slope specified by 4.8.2 shall not apply to the gangways. 15.3.3 Railings. Where railings, guards, or handrails are provided, they shall comply with 15.3.3. 15.3.3.1 *Edge Protection. Edge protection shall be provided and shall extend 2 inches (51 mm) minimum above the ground or deck surface. Exception: Where the railing, guard, or handrail is 34 inches (865 mm) or less above the ground or deck surface, edge protection shall not be required if the deck surface extends 12 inches (305 mm) minimum beyond the inside face of the railing. Toe clearance shall be 9 inches (230 mm) minimum above the ground or deck surface beyond the railing. Toe clearance shall be 30 inches (760 mm) minimum wide (see Fig. 62). http-//www.access-board.gov/recreation/final.htm 09/24/2002 ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOAR ............................................................................................................. edge Protedo it ' hen Piers. Page 87 of 107 15.3.3.2 Height. At least 25 percent of the railings, guard, or handrail shall be 34 inches (865 mm) maximum above the ground or deck surface. Exception: This provision shall not apply to that portion of a fishing pier or platform where a guard which complies with sections 1003.2.12.1 (Height) and 1003.2.12.2 (Opening limitations) of the International Building Code (incorporated by reference, see 2.3.2) is provided. 15.3.3.3* Dispersion. Railings required to comply with 15.3.3.2 shall be dispersed throughout a fishing pier or platform. 15.3.4 Clear Floor or Ground Space. At least one clear floor or ground space complying with 4.2.4 shall be provided where the railing height required by 15.3.3.2 is located. Where no railings are provided, at least one clear floor or ground space complying with 4.2.4 shall be provided. 15.3.5 Maneuvering Space. At least one maneuvering space complying with 4.2.3 shall be provided on the fishing pier or platform. 15.4 Golf. 15.4.1 General. Newly designed or newly constructed and altered golf courses, driving ranges, practice putting greens, and practice teeing grounds shall comply with 15.4. 15.4.2* Accessible Route - Golf Course. An accessible route shall connect accessible elements and spaces within the boundary of the golf course. In addition, an accessible route shall connect the golf car rental area, bag drop areas, practice putting greens, accessible practice teeing grounds, course toilet rooms, and course weather shelters. The accessible route required by this section shall be 48 inches (1220 mm) minimum wide. Where handrails htto://www.access-board-gov/recreation/final htm no/?4/inn? Federal Register / Vol. 58, No. 144 / Friday, July 28, 1991 / Rules and Regulations 35-621 4,2.4• Clear Floor or Ground Space for Wheelchairs diameter (see Fig. 3(a)) or a T-shaped space (see Fig. 3(b)). 4.2.4' Clear Flo -or or Ground Space for wheelchairs. 4.3.4.1 Size and Approach. The mintmum clear floor or ground space required to accommodate a single, stationary wheelchair and occupant is 30 in by 48 in (760 mm by 1220 mm). (see Fig. 4(a)). The minimum clear floor or ground space for wheelchairs may be positioned for forward or parallel approach to an object (set Fig. 4(b) and (c)). Clear floor or ground space for wheelchairs may be past of the knee space required under some objects. 4.2.4.2 Relationship of Ymneuvering Clearance to Wheelclair &pacts. One full unobstructed side of the clear floor or ground space for a wheelchair shall adjoin or overlap an accessible route or adjoin another wheel- chair clear floor space. If.a clear floor space is. located in an alcove or otherwise confined on all or part of three sides. additional maneuver- ing clearances shall be provided as shown.in Fig. 4(d) and (el. 4.2.4.3 Surfaces for Wheelchair Spaces. Clear floor or ground spaces for wheelchairs shall comply with 4.5. 4.2.150 Forward Reach. If the clear floor space only allows forward approach to an object, the maximum high forward reach allowed shall be 48 in (1220 mm) (see Fig. 5(a)). The m#u nwn low jorwant reach is 15 tri (380 mm1. if the high forward reach is over an obstruction. reach and clearances shall be as shown in Fig. 5(b). 4.2.60 Side Reach. If the clear floor space allows parallel approach by a person in a wheelchair, the maximum high side reach allowed shall be 54 in (1370 mm) and the low side reach shall be no less than 9 in (230 mm) above the floor (Fig. 6(a) and (b)). If the side reach is over an obztruetion, the reach and clearances shall be as shown in Fig 6(c). 4.3 Accessible Route. 4.3.10 General. All walks, halls. corridors. aisles, skyuxWcs. tunnels, and other spaces 6, �F Fig.- Mlnirnum Clear Width _ for Single Wheelchair Fig. 2 Minimum Clear Width for Two Wheelchairs 15 35626 Federal Register / Vol. 58, No. 144 / Friday. July 25. 1991 / Rules and Regulations 4.3.10' Egress ala A 4 ! _ min 1 3 min I (a) 9o'Tuin (c) Changes In leve! 42,nin riOTE: Dimensions shown apply -hen x < 48 in (1220 mm). Fig.7 Accwsible Route 4.3.10' Egress. Accessible routes serving arty accessible space or dement shall also serve as a means of egress for emergencies or connect to an accessible area of rescue assistance. 4.3.11 Areas of Rescue Assistance. 4.3.I I.I Lacatfon and Construction An area of rescue assistance shall be one of the fotlOwbW: 26 (b) Turns around an Obstruction ..Io � �Ikd 2 (CO Changes to tenet (1) A portion of a stairway laridfng wah ri a smokeproof enclosure (dying with local requirements). (2) A portion of an exterior exit baicany Located immedtately acUacent to an exit statrway when the balcony cornpites with local requirements for exterlar exit balaontea. Openings to the trtfertnr of the buildbig located wWdn 20 feet (6 Tri) of the r 35636 Federal Register / Vol. 56, No. 144 / Friday, July 26, 1991 / Rules and Regulations 4.9 Stairs 4.8.7 Edge Protection. Ramps and landings with drop-offs shall have curbs, walls, railings, or projecting surfaces that prevent people from slipping off the ramp. Curbs shall be a mini- mum of 2 in (50 mm) high (see Fig. 17). 4.8.8 Outdoor Conditions. Outdoor ramps and their approaches shall be designed so that water will not accumulate on walking surfaces. 4.9 Stairs. 4.9.1• Mh:LLMum Plumber. Stairs requtred to be accessible by 4.1 shall comply with 4.9. 4.9.2 Treads and Risers. On any given flight of stairs, all steps shall have uniform —riser heights and uniform tread widths. Stair treads shall be no less than 11 in (280 mm) wide, measured from riser to riser (see Fig. 18(a)). Open risers are not permitted. Eel 4=9.3 Ncsings: The undersides -of nosings . shall not be abrupt. The radius of curvature at the leading edge of the tread shall be no greater than 1/2 in (13 mm). Rlsers shall be sloped or, the underside of the nosing shall have an angle not less than 60 degrees from the horizontal. Nosings shall project no more than 1-1/2 in (38 man) (see Fig. 18). 4.9.4 HandrailS. Stairways shall have hand- rails at both sides of all stairs. Handrails shall comply with 4.26 and shall have the following features: (1) Handrails shall be continuous along both sides of stairs. The inside handrail on switchback or dogleg stairs shall always be continuous (see Fig. 19(a) and (b)). (2) If handrails are not continuous, they shall extend at least 12 in (305 mm) beyond the top riser and at Ieast 12 in (305 mm) plus the width of one tread beyond the bottom riser. At the top, the rxtension shall be parallel with the floor or ground surface. At the bottom, the handrail shall continue to slope for a distance of the width of one tread from the bottom riser the remainder of the extension shall be hori- zontal (see Fig. 19(c) and (d)). Handrail exten- sions shall comply with 4.4. (3) The dear space between handrails and wall shall be 1-1/2 in (38 mm). 6 6? (4) Gripping surfaces shall be uninterrupted by newel posts, other construction elements, or obstructions. (5) Top of handrail gr(pping surj ce shall be mounted between 34 in and 38 tri (865 mm anal 965 rr > above star nostngs. (6) Ends of handrails shall be ether rounded or returned smoothly to Jtoa-, wall or post. (7) Handrails shall rat rotate within their Jitttngs. 4.9.3 Detectable warnings at Stairs. (Reservedl. 4.9.6 Outdoor Conditlons. Outdoor stairs and their approache_ shall be designed so that ' water will not accumulate on walking surfaces. i 4.10 Elevators. 4.10.1 General. Accessible elevators shall be on an accessible route and shall comply with 4.10 and with the ASMEA17.1-1990. Safety Code for Elevators and Escalators. Ir reight elevators shall not be considered as meeting the requirements of this section uiless the only elevators provided are used as combi- nation passenger and freight elevators far the public and ernployees. 4.10.2 Antoinatic Operation. Elevator operation shall be automatic. Each car shall be equipped with a self -leveling feature that will automatically bring the car to floor land- ings within a tolerance of 1/2 in (13 nun) under rated loading to zero loading conditions. This self -leveling feature shall be automatic and independent of the operating device and shall correct the overtravel or undertravei. 4.10.3 Hall Call Buttons. Call buttons in elevator 1pbbies and halls shall be centered at 42 in (1065 mm.) above the floor. Such call buttons shall have visual signals to indicate when each call is registered and when each call is answered. Call buttons shall be a mini- mum of 3/4 in (19 mm) in the smallest dimen- sion. The button designating the up direction shall be on top. (See Fig. 20.) Buttons shall be raised or flush- Objects maaated beneath hall call buttons shall not project into the elevator Lobby more than 4 in (100 mm1. Federal Register / Vol. 56. No. 144 / Friday. July 26. 1991 / Rules and Regulations 35633 4.8 Ramps i X Adjoining slope shall y not a=eed 1:20 slope = r: X —__ where X s a level plane i walk street Mg. 11 Measurement of Curb Ramp Slopes I Planting or other non -walking suriaoe (a) Flared Sides l(X Is less Uhsn 48 lm there the slope of the Aarrd side shall not exceed 1:12. Fig. 12 Sides of Curb Ramps 4.7. 11 Islands. Any raised islands in cross- ings shall be cut through level with the street or have curb ramps at both sides and a level area at least 48 in (1220 mm) long between the curb ramps in the part of the island intersected by the crossings (see Fig. 15(a) and (b)). - 4.8 Ramps. 4.8.1• General. Any part of an accessible route with a slope greater than 1:20 shall be considered a ramp and shall comply with 4.8 4.8.2• Slope and Rist. The Ieast possible slope shall be used for any ramp. The r axi- mum slope of a ramp in new construction shall be 1:12. The maximum rise for any run shall be 30 in (760 mm) (see Fig. 16). Curb ramps 67 (b) Returned Curb a1P 1 0 Fig. 13 Built -Up Curb Ramp and ramps to be constructed on casting sites or in existing buildings or facilities may have slopes and rises as allowed in 4.1.6(3)(a) If space 11mitations prohibit the use of a 1:12 slope or less. 27 O N bA Cd M O O N N O EM FEB.14.2003 3:14PM BUILDING DEPT CNB N0.361 P.1 CITY OF NEWPORT BEACH ORT BUILDING DEPARTMENT STAFF Agenda item No, 1 February 18, 2003 To: BUILDING CODE BOARD Oi✓ APPEALS FROM: Building Department Jay Elbettar, Deputy Building Official, 649-644-3282, jelbettar@ city.newport-beach.ca.us SUBJECT: Case No. 2003-02; 201 Via Lido Soud, Appeal of the Building official's Determination to Require Disabled Access to the Proposed Reconstruction of the Lido island Marina per California Building Code (CBC), Section 1132B,2 (Continued from 1-21,03 hearing) APPLiCANT: Lido Island Community Association DISCUSSION: This report is a supplement to the January 21, 2003, staff report where the item has been continued by the board. The continuation was to allow the applicant sufficient time to submit additional information as requested by the board relative to site measurements and cost of various alternatives to accomplish disabled access. Attached is additional information submitted by the applicant outlining measurements of various gangway lengths in relationship to the property line and the boat hoist. No cost information was provided. Staff will have the city consultant available at the meeting to respond to any questions or issues by the board. Staff contacted Mr. Tom Rossmiller, City of Newport Beach Harbor Resources Division Manager, to inquire weather revising the gangway length approvald. He uire nd sated that Coastal Commission approval or amendment to the previously granted it would require new Coastal Commission approval. Mr. Rossmiller will be present at the meeting as well. FEB.14.2003 3:14PM BUILDING DEPT CNB N0.361 P.2 Case No. 2003-02: 201 Via Lldo Soud February 18, 2003 Page 2 RECOmENDATION: Approve the installation of a gangway with the maximum length available as certified by a survey with a minimum length of 48 feet as proposed by the applicant so as not to encroach beyond the project limits. staff feels this gangway with the applicant's commitment to provide assistance by the association for disabled individuals and the fact that the marina is a private facility is considered equivalent facilitation to disabled access. 5-nvironmental Review: environmental issues are addressed by the Harbor Resources ®apartment, California Coastal Commission, and Array Corps of Engineers, providing disabled access to the marina has no negative environmental impact, Prepared , Building Director J E/mg Attachments: supplemental information provided by the applicant INdapp"1\0 rpt 2.18.03 CITY OF NEWPORT BEACH FIRE MARINE DEPARTMENT HARBOR PER IT Pte„ PLiCAIlON (Please print all information) Lido Isle Community Association (949) 673-6170 1. Applicant (Property owner) Address Telephone 201 Via Lido SSoud, Newport Beach Z 7-,4 -;-7 -,�,' 2. Prolect Address (Street Address) Harbor Permit Number 3. New Construction Revision Maintenance Dredging X 4. Fee- $407.00 Check No. Date 6/12/02 5. Brief Description of Proposed Work: maintenance dredging 6, Submit 8112" x 11" Drawings (3), Include: 1). Location and dimension of proposed structure including piles and location of existing structures. on adjacent properties. 2). Location of bulkhead, pierhead and project lines. 3). Location of property lines. 4). Location of channel markers within 200 feet. 5). Lot sixes and lot numbers, if available. 6). Existing ground profile beneath proposed structure. 7). Elevation of top and bottom of bulkheads and piles with respect to M.L.L.W. 8). Area and profile of any proposed dredging with elevations showing depths with respect of M.L.L.W. 9). Any special conditions affecting the construction or affecting boating operations. 10).Complete sll information required in information block, bottom of sheet. Note that the OWNER. of the property Is the applicant. 11). Drawing site shall be 8 - 1/2" x 11". 12). Scale shall be adequate to clearly show the above information. 13).Existing structures shall be shown In light dashes. New work shall be shown in heavy solid lines. 7. Owner-8ulider Declaration must be completed (on reve Aside of this sheet) 8. Applieant'slAgent's Signature: Data: June 12, 2002 Joint Pormtttee Signature (if applicab ): Date; 9. Work can begin once the City has received evidence of the following additional approvals and you have been notified to proceed. If you begin prior to the notice you will be in violation of the Newport Peach Municipal Code and subject to penalties, 10. Your permit will not be final until we have conducted an on site inspection once construction is completed as per Municipal Code, Section 17.24, if we have not been contacted for a final inspection. OFFICE USE ONLY Approval In Concept. Approval of the City of Newport Beach Council. Approval of the Army Corps of Engineers Approval of the California Coastal Commission_ Approval of time City's Public Works Department. Approval of the City's Building Department. Approval of County of Orange, Electrical and/or plumbing permit (Building Department) Issued. (Permit Is stamped drawing) Site Inspectlon. (call 644-3048 for appointment) Site Re -Inspection — Conditions: Date Date Date Date Date Date Date Date Date Date Date I hereby affirm that I am exempt from the contractor's license law for the following reasons: (Sec. 7031d.5, Business and Professions Code). Any City or County which requires a permit to construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires the applicant for such permit to file a signed statement that he is licensed pursuant to the provision of the Contractors License Law (Chapter 9, commencing with Section 7000) of Division 3 of the Business and Professions Code) or that he is exempt therefrom 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 penalty for not more than five hundred dollars ($500). I, as owner of the property, or my employees with wages as their sole compensation, will do the work, and the structure is not intended or offered for sale (Sec. 7044, Business and Professions'Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who does such work himself or through his own employees, provided that such improvements are not intended or offered for sale. If, however, the building or improvement is sold within one year of completion, the owner -builder will have the burden of proving that he did not build or improve for the purpose of sale.) I, as owner of the property, am exclusively contracting with licensed contractors to construct the project (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who contracts for such projects who builds or improves thereon, and who contracts for such projects with a Contractor'(s) License pursuant to the Contractor's License Law). I am exempt under Sec. of Business and Professional Code for this reason: Owner's Signature: XXXXXXXXXXXXXXXX Date: XXXXXXXX Contractor: Shellmaker Inc. Telephone: ( 949) 548-5359 Address: 875 B West 15th Street, Newport Beach, CA 92663-2701 License class A&B State Board No. 561434 LICENSED CONTRACTOR'S DECLARATION City License No. 96002210 I hereby affirm that I am licensed under provisions of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and fessionsCode, d my license is in full force and effect. June 12, 2002 Contractor s Signature Date: PERMIT NO. C r� DREDGING APPLICATION Project Location: 201 Via Lido Soud, Newport Beach Latitude/Longitude: N 33" 36.933 W 1170 55.476 Cubic Yards to be Dredged: 1,000 cubic yards Method of Dredging: hydraulic suction Nature of Dredged Material (Grain size data): report enclosed Disposition of Dredged Material: haul to sea and dump Method of Material Disposition: barge to sea at L.A. 3, Latitude 33° 31'4211N, Longitude 117° 54148" W Effect of Dredging on Contiguous Bulkheading and Beaches: none Will schedule project as soon as we receive permit. Project Begins: Project Ends _. I, Lorenzo C. Miller (Applicant/ Applicant's agent), hereby certify that I have r�,ad th U S. Army Corps of Engineers permit, RGP#54 and the California Coastal Commission p�,r n , 45-99-282 for maintenance dredging in Newport Harbor and that I will comply with all est th� conditions of those permits, I will further hold the City harmless from and indemnif\ them against any claim for damages arising out of the exercise of these permits. In addition, I,� di, applicant shall reimburse the City of Newport Beach for all attorney's fees and other co ,,t" expended by them in defending any claim, lawsuit, or judgement arising out of the act v t c-, the applicant carried on under the authority of such permit. Lido Isle Community Association Shellmaker Inc. Applicant - Please Print Contractor - Ple&s? Pant June 12, 2002 (� Signed: ". Date Applicant/ Agent CITY OF NEWPORT GCRCH � CITY OF G 60 KE 34 PO RT B ERCH A Efly :,T= A ERY r � r \ /( T PRCrp1C O FAST jm Y[CINITY MRP Y Eb7 JETTY N 10fCRT 7Rf , DLII LRdi1 � /v%�" ® e ll 0.0. 0 'A oll I� /907-7-0Aj 01 N N g e. o HARBOR RES URCES DI' CITY OF NEWPORT SEAC 0 0 -3.0i7' I EE - I ECT(ON w --/� tEELGRASSI NO 5L R kl HIN 15'OF PROJECT THE PROJECT AREA SIG arURE P RMIT# DA A gM ��/ � � PLAN VIEN 1' = 40' R�Ft I m j , S NI E L /DD /SLS C 07M ASSO, JOB ROBRESS 2.0/ 1114 L 14?0 SOUQ DR7E 107,4 ■ noon■■■ DAVID H. LEE &ASSOCIATES, INC. ----- GEOTECHNICAL ENGINEERING ENGINEERING GEOLOGY ....■■....... ------------a Ms. Lisa Miller A' SHELLMAKER, INC. Newport673 June 4, 2002 Our Project: K02.038.00 SUBJECT: Phi Grain Size Test Result for the Soil Sample Obtained from the Via Antibes Marina, located on Via Lido at Via Antibes, Newport Beach, California. Dear Ms. Miller: Presented herewith are the results of our grain size analysis performed on the soil sample provided to us by your firm. The test procedures were in accordance with ASTM D422-63 (1998) and U.S. Army Corp of Engineers Report Number CETA 79-7 criteria. Please do not hesitate to call if you have any questions after you have reviewed the attached data.. Respectfully submitted, -gava ev. wee j' Karen Masterson t4o' OF, 510 Project Engineer EXP. 3-31-04 �F by: 4 David H. Lee * Geotechnical Engineer Attachments: Plate 1 --Grain Size Plate 2 --Cumulative Grain Size Distribution PHI Units Distribution: Addressee (1) lOhlastvserverdataVPROJECTSUCO2.038.00UCO2.038.00 Phi Grain Size Letter.wpd Seive Opening Particle Diameter in U.S. Standard % Material Cumulative Percent (mm) Phi Units Seive Size Retained by Weight Retained ----------------------------------------------------------- 38 -5.25 1.5" 0.0 0.0 19 -4.25 3/4" 0.0 0.0 Gravel 9.5 -3.25 3/8" 0.0 0.0 4.75 -2.25 4 1.3 1.3 2.83 -1.50 7 1.1 2.5 2 -1.00 10 0.7 3.2 ------------1.41 --------0.50 ------ 14------- 0.5 3.6 1 0.00 18 0.5 4.1 0.71 0.50 25 0.6 4.7 0.5 1.00 35 1.9 6.6 0.35 1.50 45 4.5 11.0 Sand 0.25 2.00 60 13.3 24.3 0.177 2.50 80 14.3 38.6 0.125 3.00 120 8.8 47.4 0.088 3.50 170 3.5 50.9 0.075 3.75 200 0.8 51.7 0.063 4.00 230 0.4 52.1 ----------------------------------------------------------- Silt-Clay <0.063 <4.00 <230 47.9 100 A sample was provided to David H. Lee & Associates, Incorporated in a sample bag by Shellmaker. The sample consists of a CLAYEY SILT to SILTY CLAY (ML -CL): very dark gray to black (5Y 2.5-3/1) with olive (5Y 4/2); saturated; trace of fine sand; scattered shells and shell fragments. The sample was obtained from the Lido Isle Community Association - Via Antibes Marina, Via Lido at Via Antibes, Newport Beach, California at a depth of -4.5 Feet to -2.0 Feet MLLW. M soon nAmmmml aPHI David H. Lee & Associates, Inc. GRAIN SIZE SUMMARY nsormis ■■■■■ ' 23011 Moulton Parkway, Suite D-1 1 1111110N1■■■■���■■■■■■Laguna Hills, CA 92653 ■■n■■■■■■■■■■osmm_ NissanJune,2002 .90 II(ACOE Permit No,, RWQCB Order or Cert. No.) Hydrographic System: (bay, estuary, lagoon, or Specific Location: (UTM, Lat./Long., datum accuracy level, attach electronic survey area map if possible) XI N-33 ��� .933 55. 1� Was Caulerpa Yes, Caulerpa was found at this site and Detected: (if Caulerpa igfound, please has been contacted on date. immediately contact the permitting agency project staaff and NMFS or CDFG No, Caulerpa was not found at this site. personnel identified above) Description of Permitted Work: (describe bri6fly the work to be conducted at the site under the permits identified above) Description of Site: (describe the physical and biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Please provide units for all numerical information). range: i F_ Substrate type: Temperature: Salinity: I Dominant ora: Dominant fauna: Exotic species encountered: IL Other site description notes: Description of Survey Survey date Effort: and time M (please describe the surveys eriod: conducted including type of I V survey (SCUBA, remote video, etc.) and survey methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations encountered during the survey efforts. Horizontall visibility inF21 water: �— Survey type and methods: 7 Caulerpa Survey Reporting Form (version 1.0, 9/18/01) Caulerpa Eradication in Southern California a Southwest Region Home Page Survey C. personnel: C' l Survey density: 11 0':�!77 // Survey O limitations: DI Other Information: (use this space to provide any addititinal information or references to attached materials such as maps, reports, etc.) Caulerpa Survey Reporting Form (version 1.0, 9/18/01) Caulerpa Eradication in Southern California a Southwest Region Home Page STATE OF CALIFORNIA - THE RESOURCES AGENCY GRAY DAVIS, Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 September 11, 2002 (562) 590-5071 Mr. Tony Melum City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 Subject: Condition Compliance — Coastal Development Permit 5-99-282, as amended & Conformance with Consistency Certification CC -078-99 and CC -077-01 Dear Mr. Melum: Commission staff have received information submitted as evidence of compliance with Coastal Development Permit 5-99-282, as amended and/or as evidence of conformance with Consistency Certifications CC -078-99 and CC -077-01 for the following sites in the City of Newport Beach: City Site Address Harbor Permit # Beach Disposal Qt cu. ds Ocean Disposal Qt t cu. ds Cumulative Total* for 2002 -9 1000 - _ Q_ 100 0 500 0 _ 200 0 R;;vfrr)nt 300 0 5_ 0 200 Sub -total 1100 1200 Year-to-date total 5090 2400 7490 Commission staff have reviewed the information submitted and determined that the above referenced dredging events conform with Consistency Certifications CC -078-99 and CC -077-01 and that no further federal consistency review is necessary from the Commission for the dredging components of the projects. In addition, the proposed beach disposal events have been reviewed and found by the Executive Director to be consistent with Special Conditions 1-3 and 9-12 of Coastal Development Permit 5-99-282, as amended. No further review is necessary from the Commission for the beach disposal components of the projects. Please be advised that only the projects described in the materials submitted for the sites listed above have been found to conform with Consistency Certification CC -078-99 and CC -077-01 and/or conform with the terms and conditions of Coastal Development Permit 5-99-282, as amended. Any change in the projects may cause them to lose their status as consistent with CC -078-99 and CC -077-01 and/or CDP 5-99-282, as amended. This certification is based on information provided by the recipient of this letter. If, at a later date, this information is found to be.incorrect or incomplete, this letter will become invalid, and any development occurring at that time must cease until a new determination regarding conformance with CC -078-99 and CC -077-01 and/or CDP 5-99- 282, as amended, is obtained. If you have any questions, please contact me at (562) 590-5071 or Mr. James Raives at (415) 904-5200. Sincerely, r r Karl Schwing Coastal Program Analyst Cc: Mr. James Raives, California Coastal Commission Ms. Cori Farrar, U.S. Army Corps of Engineers # Not to Exceed 500 cubic yards per dredging and beach disposal event t Not to Exceed 1,000 cubic yards per dredging and off -shore disposal event $ Not to Exceed 20,000 cubic yards per year �t3T Op frfO STAPES OF �44= REPLY TO ATTENTION OF: Office of the Chief Regulatory Branch DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 September 26, 2002 City of Newport, Harbor Resources Attention: Tony Melum.��� 3300 Newport Harbor Blvd. "Jily PO Box 1768 Newport Beach, California 92658 RE: Corps Reference No. 200201559-CJF Dear Mr. Melum: This is in reply to your application dated June 12, 2002, for a Department of the Army Permit to perform maintenance dredging bayward of 201 Via Lido Soud over a 9000 sf area (approximately 0.21 acre) in Newport Bay, within the city of Newport Beach, Orange County, California. The activities include ocean disposal of 1000 cy of dredge material at the designated L.A.-3 disposal site. Based on the information you have provided, the Corps of Engineers has determined that your proposed activity complies with the terms and conditions of Regional General Permit (RGP) No. 54. As long as you comply with the general permit conditions of RGP No. 54, an individual permit is not required. This letter of verification is valid until July 24, 2005, when RGP No. 54 is scheduled to expire. A general permit does not grant any property rights exclusive privileges. In addition, it does not authorize any injury to the property or rights of others or authorize interference with any existing or proposed Federal project. Furthermore, it does not obviate the need to obtain other Federal, State, or local authorizations required by law. -2 - Thank you for participating in our regulatory program. If you have any questions, please contact Corice J. Farrar of my staff at (213) 452-3296. Sincerely, J die 1 Mark Durham Chief, South Coast Section Regulatory Branch Enclosure Eelgrass and Caulerpa surveys fb,-- Lido Isle Page 1 of 1 ...................................................................................................................................................................................................................................................................... Subj: Eelgrass and Caulerpa surveys for Lido Isle 'Date: 11/18/02 9:50:40 AM Pacific Standard Time 'From: Corice J Farrar(cDsp101 usace army mil Mo: shellmaker0gol.com (Sent from the Intemet Details .................................. ................. I ..... I............... Lisa: I was going through my file for the Lido Isle Community Association (Corps Ref, No. 200001270) this morning and noticed that we still need the surveys for eelgrass and Caulerpa toxifolia before we can proceed with the permit decision. Please let me know when we can expect the required information. Thanks. Cori Farrar Project Manager Regulatory Branch U.S. Army Corps of Engineers - Los Angeles District Mailing Address: P.O. Box 532711, Los Angeles, CA 90053 Tel: 213-452-3296; Fax: 213-452-4196 E-mail: corice.farrar@usace. army. mil COE website: www.spl.usace.army.mit/regulatory/ Monday, November 18, 2002 America Online: Shellmaker TO TE DA .. =� p Account ayable Harbor Resources p Administrative Services p Human Resources p Building p Mayor CityAttorney p M.I.S. E-1 City Clerk p Payroll ® City Manager p Planning p City Manager, Assistant p Police p City Manager, Deputy p Public Works/Engineering ® Community Services p Public Works/Utilities ® Fire Revenue p General Services =� FROM DEPT. l / {: i "' ❑ AcTI N ❑ AS REQUESTED ❑ REVIEW ❑ INFORMATION ❑ COMMENT ❑ FILE ❑ SIGNATURE ❑ RETURN REMARKS V1 Ll. }1 i _ J ,' Yi 1 I RECORDING REQUESTEL Y: 2 WHEN RECORDED RETURN TO: 3 CALIFORNIA COASTAL COMMISSION 45 FREMONT STREET, SUITE 2000 4 SAN FRANCISCO, CA 94105-2219 5 II 7 8 AGREEMENT TO BE BOUND 9 10 11 I. WHEREAS, LIDO ISLE COMMUNITY ASSOCIATION , (hereinafter referred to 12 as "Lessee"), is the record leaseholder under a leasehold as contracted by the City of 13 Newport Beach, California , (hereinafter referred to as the "City"), and the City is 14 the Owner/Tideland Grantee of the Lease site(s) described in Exhibit A, attached hereto and 15 incorporated herein. by reference, (hereinafter referred to as the "Property"); and 16 II. WHEREAS, the California Coastal Commission, (hereinafter referred to as the 17 "Commission'), is acting on behalf of the People of the State of California; and 18 III. WHEREAS, pursuant to the California Coastal Act of 1976, Lessee applied to the 19 Commission for a coastal development permit on the property described above; and 20 IV. WHEREAS, on October 11 : , 2000 , the Commission granted to Lessee coastal 21 development permit number 5-00-157 , (hereinafter referred to as the "Permit"), in 22 accordance with the provisions of the Staff Recommendation and Findings, .attached hereto as 23 Exhibit B and incorporated herein by reference; and 24 VI. WHEREAS, the Permit was subject to the terms and conditions including, but not 25 limited to a condition requiring 1) a Lease Restriction to be executed by the Lessee and 2) an 26 agreement (hereinafter referred to as "Agreement To Be Bound") by the City stating that in the 27 event of termination of the lease, and for so long as the building and facilities constructed 11 1 pursuant to Permit No. 5 _ .j-157 exist, the City will agree to rL.:ire each new or different 2 tenant, occupant or operator, including itself, to sign a lease restriction or other appropriate 3 instrument agreeing to comply with the conditions set forth in the Lease Restriction; and 4 VII. WHEREAS, so as to enable Lessee to undertake the development authorized by the 5 Permit, Lessee has elected to comply with that portion of the condition applicable to it and 6 execute and record concurrently herewith the aforementioned Lease Restriction, pursuant to 7 which Lessee has agreed to: 9 Comply with the requirements listed in the Permit, 10 a copy of which is attached hereto as Exhibit "B". 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 VIII. WHEREAS, so as to enable Lessee to undertake the development authorized by 26 the Permit, City has elected to comply with that portion of the condition applicable to it and 27 execute the aforementioned Agreement To Be`Bound. 2 k 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 NOW, THEREFC , City does hereby agree to be bound 1 die following restrictions on the lease to said Property in accordance with the condition(s) imposed on Lessee by the Commission: as set forth in the Permit, a copy of which is attached hereto as Exhibit ":B".. For so long as the building and facilities constructed pursuant to the aforementioned permit from the Coastal Commission continue to exist on said property, the City agrees to require each new or different tenant, occupant or operator including itself to sign a lease restriction or other appropriate instrument agreeing to comply with the covenant hereinabove set forth. Dated: April 2, 2001 Approve o form: F 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of rpl,Vl -r) ss. On l� 2 i 200 , before me, bell 6�AV11 V • [h� Date IWUiII' / ,, Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Hor �' 4 MaIA Name(s) of Signer(s) LB ANI V. INES Commission # 1170960 z z No ary Public - Califon» a Z Orange County F� tAy C lin Expires Jan 25, 2002 u �a A I LANI V. INES Commission # 1170960 Z Notary Public - CarforniCi4 Orange County My Comm. Wires Jan 25, 2002 Place Notary Seal Above ,personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person whose name01(j/are subscribed to the with' instrument and acknowledged to me neAhe/they executed the game in his/ er/their thorized capacity ' an that by �er/t eir signature<on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ":!� v .kms Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer ® Title(s): ❑ Partner e ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER 0 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1800-878-6827 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 This is to certify that L - -e Agreement to Be Bound set forth abb As hereby acknowledged by the undersigned officer on behalf of the California Coastal Commission pursuant to authority conferred by the California Coastal Commission when it granted Coastal Development Permit No. on and the California Coastal Commission consents to recordation thereof by its duly authorized officer. I Dated: CALIFORNIA COASTAL COMMISSION STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO On , before me, , a Notary Public personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature 5 EXHIBIT A Description of Leased Premises ANTIBES MARINA The following parcel comprises the Lease Premises: PARCEL "E" All that certain parcel of land in Section 28, Township 6 South, Range 10 West, S.B.B. & M. in the City -of Newport Beach, Orange County, California, lying westerly of the U.S. Bulkhead line between Stations 173-174, as said Bulkhead line and stations are shown on a map entitled "Harbor Lines, Newport Bay, California", approved by the Secretary of the Army, February 15, 1951, and on file in the U.S. District Engineer's Office, Los Angeles, California, and southerly of and adjacent to that certain right-of-way 100 feet in width, described in a deed to the City of Newport Beach recorded in Book 361, Page 110, Official Records of said Orange County and more particularly described as follows: Beginning at the most westerly corner of Lot 885 of Tract 907, recorded in Miscellaneous Maps, Book 28, Pages 25 to 36 inclusive, of said County, said corner also being in the U.S. Bulkhead Line between Stations 173 and 174 as shown upon said map of Harbor Lines; thence southwesterly along the southwesterly prolongation of the northwesterly line of said Lot 885 a distance of 10.0 feet to the true point of beginning; thence continuing along said southwesterly prolongation to an intersection with a line lying 100 feet southerly of and parallel to the southerly line of said 100 feet right-of-way; thence north 751 09' 40' west and along said parallel line, a distance of 250.00 feet; thence north 301 09' 40' west, to an intersection with the westerly prolongation of the southerly line of the aforementioned 100 -foot right-of-way line; thence easterly along said westerly prolongation and along said southerly line to an intersection with a line lying 10.0 feet southwesterly of and parallel to the U.S. Bulkhead Line between Stations 173 and 174 as shown upon said map of Harbor Lines; thence southeasterly along said parallel line to the point of beginning. f:\users\cat\shared\agUica\antibes marina ex a 0300.dx EXHIBIT "B" SPECIAL CONDITIONS: 1. CONSTRUCTION RESPONSIBILITIES AND DEBRIS REMOVAL The permittee shall comply with the following construction -related requirements: (a) No construction materials, equipment, debris, or waste shall be placed or stored where it may be subject to wave/wind erosion and dispersion. (b) Any and all debris resulting frorn construction activities shall be removed from the site within 10 days of completion of construction. (c) No machinery or construction materials not essential for project improvements shall be allowed at any time in the intertidal zone; (d) Sand from the beach, cobbles, or shoreline rocks shall not be used for construction material. (e) If turbid conditions are generated during construction; a silt curtain shall be utilized to control turbidity; (f) Measures shall be taken to ensure that barges do not ground and impact eelgrass sites. (g) Floating booms shall be us(d to contain debris discharged into coastal waters and any deb: -is discharged shall be removed as soon as possible but no later than the end of each day. (h) Divers shall recover non -buoyant debris discharged into coastal waters as soon as possible after loss. 2. LOCATION OF DEBRIS DISPOSAL SITE PRIOR TO ISSUANCE OF A COASTAL DEVELOPMENT PERMIT, the applicant shall identify in writing, for the review and approval of the Executive Director, the location of the disposal site of the construction debris resulting from the proposed project. Disposal shall occur at the approved disposal site. If the disposal site is located in the coastal zone, a coastal development permit or an amendment to this permit shall be required before disposal can take place. 3. WATER QUALITY MANAGEMENT/BOAT OWNER MAINTENANCE PLAN A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the review and approval of the Executive Director, a Water Quality Management/Boat Owner Maintenance Plan to ensure the control of adverse impacts to water quality related to long term water -borne berthing of boats at the dock. The applicant or successors in interest shall be responsible for complying with the provisions of the Water Quality Management/Boat Owner Maintenance Plan described herein and approved by the Executive. Director. 1. The Plan shall demonstrate that long-term water -borne berthing of boats at this dock shall be managed in a manner which protects water quality and that persons using the dock are made aware of the rules related to boat maintenance and use. Exhibit "B" 2. The Plan shall include, at a minimum, the following components or measures: (a) Boat Cleaning Management Measures: 1, Boats shall be removed from the water and cleaned such that debris is captured and properly disposed. In -water boat hull washing shall be prohibited, unless done by hand. 2. In -the -water hull scraping or any process that occurs under water that results in the removal of paint from boat hulls is prohibited. 3. Boat owners shall utilize only detergents and cleaning components for washing boats that are phosphate -free and biodegradable, and that amounts used shall be minimized. 4. The use of detergen containing ammonia, sodium hypochlorite, chlorin, :.ed solvents, petroleum distillates or lye is prohibited for the purpose of cleaning the exterior of boats. (b) Boat owners/operators using the dock shall: 1. Properly dispose of all waste discharge from sewage holding tanks at a public facility accessible to boaters that can handle waste disposal; 2. Properly dispose of all contaminated bilge water at a designated facility with appropriate equipment to dispose of such materials. (c) The applicant shall provide information about all of the measures in the Plan through a combination of signage, tenant bill inserts and distribution of the Plan to new tenants and each year to repeat tenants. In addition, the Plan shall be attached to all slip rental and/or lease agreements. Also, the applicant shall place a sign, in a conspicuous manner near the dock platform that lists the above water quality management and boat maintenance requirements. The sign shall identify accessible pump -out facilities for the disposal of contaminated bilge water and sewage waste. The sign shall be written and placed in an area where users of the boat dock can clearly read and understand the management and maintenance requirements. 1 2 3 4 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 This is to certify th4 .xe Agreement to Be Bound set forth ai e is hereby acknowledged by the undersigned officer on behalf of the California Coastal Commission pursuant to authority conferred by the California Coastal Commission when it granted Coastal Development Permit No.5 -00-157 on octo�L1: .000 and the California Coastal Commission consents to recordation thereof by its duly authorized officer. I Dated: CALIFORNIA COASTAL COMMISSION STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO On , before me, , a Notary Public personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature 5 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 IRECORDING REQUESTL, AY: WHEN RECORDED RETURN TO: CALIFORNIA COASTAL COMMISSION 45 FREMONT STREET, SUITE 2000 SAN FRANCISCO, CA 94105-2219 LEASE RESTRICTION I. WHEREAS, LIDO ISLE COMMUNITY ASSOCIATION hereinafter referred to as "Lessee," is the record leaseholder under a leasehold agreement dated April 14, 2000 with City of Neter+ Beach , hereinafter referred to as the "Lessor," of the real property described in Exhibit A attached hereto and incorporated herein by reference, hereinafter referred to as the "Property;" and II. WHEREAS, the California Coastal Commission, hereinafter referred to as the "Commission," is acting on behalf of the People of the State of California; and III. WHEREAS, the subject Property is located within the coastal zone as defined in § 30103 of Division 20 of the California Public Resources Code (hereinafter referred to. as the "California Coastal Act of 1976" (the Act)); and IV. WHEREAS, pursuant to the Act, Lessee applied to the Commission for a coastal development permit for development on the Property described above; and V. WHEREAS, on October 11 , 20 00 , the Commission granted coastal development permit number 5-00-157 , hereinafter referred to as the "Permit," in accordance with the provisions of the Staff Recommendation and Findings, attached hereto as Exhibit B and incorporated herein by reference; and // 1 1 VI. WHEREAS, the Permit was subject to the terms and conditions including, but 2 not limited to the following conditions(s): as listed in the Permit, a copy 3 which is attached hereto as Exhibit '.'B". 4 5 6 7 8 9 10 11 12 13 14 15 VII. WHEREAS, the Commission found that but for the imposition of the above 16 condition(s) the proposed development could not be found consistent with the provisions of the 17 Act and that a permit could therefore not have been granted; and 18 VIII. WHEREAS, Lessee has elected to comply with the Condition and execute this . 19 Lease Restriction so as to enable Lessee to undertake the development authorized by the 20 Permit. 21 NOW AND THEREFORE, in consideration of granting of the Permit to the Lessee by 22 the Commission, the Lessee hereby irrevocably covenants with the Commission that there be 23 and hereby is created the following restrictions on the use and enjoyment of said Property, to 24 be attached to and become part of the Lease to the Property. 25 26 // 27 2 1 1. COVENANT CONDITION AND RESTRICTION. The undersigned Lessee 2 for himself/herself for his/her heirs, assigns and successors in interest, covenants and agrees 3 that: it shall comply with the requirements listed in the 9 Permit, a copy of which is attached hereto as Exhibit "B" 5 6 7 8 9 10 2. DURATION. Said Lease Restriction shall remain in full force and effect during 11 the period that said permit, or any modification or amendment hereof remains effective, and 12 during the period that the development authorized by the Permit or any modification of said 13 development, remains in existence in or upon any part of, and thereby confers benefit upon, the 14 Property described herein and shall bind Lessee and all his/her assigns or successors in interest. 15 3. TAXES AND ASSESSMENTS. It is intended that this Lease Restriction is irrevocable and shall constitute an enforceable restriction within the meaning of a) Article XIII, 16 § 8 of the California Constitution; and b) § 402.1 of the California Revenue and Taxation Code 17 or successor stature. Furthermore, the Lease Restriction shall be deemed to constitute an 18 servitude upon and burden to the Property within the meaning of § 3712(d) of the California 19 Revenue and Taxation Code, or successor statute, which survives a sale of tax -deeded 20 property. 21 4. RIGHT OF ENTRY. The Commission or its agent may enter onto the Property 22 at times reasonably acceptable to the Lessee to ascertain whether the use restrictions set forth 23 above are being observed. 24 5. REMEDIES. Any act, conveyance, contract, or authorization by Lessee 25 whether written or oral which uses or would cause to be used or would permit use of the 26 Property contrary to the terms of this Lease Restriction will be deemed a breach hereof. The 27 Commission and Lessee may pursue any and al1 available legal and/or equitable remedies to 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 enforce the terms and conditions of this Lease Restriction. In the event of a breach, any forbearance on the part of any such party to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding any subsequent breach. 6. SEVERABILITY. If any provision of these restrictions is held to be invalid or for any reason becomes unenforceable, no other provision shall be thereby affected or impaired. Dated: April 2, 12001 Lido Isle Community Association Signed: B J -d Signed: f M. .A. Richley, Jr.,gent PRINT OR TYPE NAME OF ABOVE PRINT OR TYPE NA/ME OF ABOVE ** NOTARY ACKNOWLEDGMENT ON THE NEXT PAGE ** 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 STATE OF CALIFORNIA COUNTY OF SI On p mi l 3, 2001 , before me, Jane main dies a Notary Public personally appeared M. A. Richlev.Jr. , personally known to menae err to be the person whose name} is/4e subscribed to the within instrument and acknowledged to me that hek4A4hey executed the same in hisAteriheir authorized capacityties}, and that by his/her signature( on the instrument the person(k, or the entity upon behalf of which the person(II acted, executed the instrument. WITNESS my hand and official seal. JANE ROBIN VOORHIES Commission # 1298601 Zemycornrn.Bpi-esc)ct Notary Public - California Signature Orange County 18, ZM STATE OF CALIFORNIA COUNTY OF OrOMM U On Iv t Z Z , before me, IfCAyl1 - (10 , a Notary Public personally appeared R0��` L• 61 M A ,personally known to me f�A _ f _ *���: *^ •� �.��a." to be the person(V whose name(Dis/ e subscribed to the within instrument and acknowledged to me tha he he/they executed the same 40er/their authorized capacity, and that by0sher/their signatureXon the instrument the person(, or the entity upon behalf of which the personXacted, executed the instrument. I WITNESS my hand and official seal. Signature i111l V, LEILANI V INES Commission # 1170960 Notary Public - Catiforn'O Z *P Orange County - MyCornm.ExpiresJan25,21I12 4 EXHIBIT A Description of Leased Premises �,W 1 1111111 1 The following parcel comprises the Lease Premises: PARCEL "E" All that certain parcel of land in Section 28, Township 6 South, Range 10 West, S.B.B. & M. in the City -of Newport Beach, Orange County, California, lying westerly of the U.S. Bulkhead line between Stations 173-174, as said Bulkhead line and stations are shown on a map entitled "Harbor Lines, Newport Bay, California", approved by the Secretary of the Army, February 15, 1951, and on file in the U.S. District Engineer's Office, Los Angeles, California, and southerly of and adjacent to that certain right-of-way 100 feet in width, described in a deed to the City of Newport Beach recorded in Book 361, Page 110, Official Records of said Orange County and more particularly described as follows: Beginning at the most westerly corner of Lot 885 of Tract 907, recorded in Miscellaneous Maps, Book 28, Pages 25 to 36 inclusive, of said County, said corner also being in the U.S. Bulkhead Line between Stations 173 and 174 as shown upon said map of Harbor Lines; thence southwesterly along the southwesterly prolongation of the northwesterly line of said Lot 885 a distance of 10.0 feet to the true point of beginning; thence continuing along said southwesterly prolongation to an intersection with a line lying 100 feet southerly of and parallel to the southerly line of said 100 feet right-of-way; thence north 751 09' 40' west and along said parallel line, a distance of 250.00 feet; thence north 301 09' 40' west, to an intersection with the westerly prolongation of the southerly line of the aforementioned 100 -foot right-of-way line; thence easterly along said westerly prolongation and along said southerly line to an intersection. with a line lying 10.0 feet southwesterly of and parallel to the U.S. Bulkhead Line between Stations 173 and 174 as shown upon said map of Harbor Lines; thence southeasterly along said parallel line to the point of beginning. f:\users\cat\shared\agVica\antibes marina ex a 0300.doc BXHIBIT "B" SPECIAL CONDITIONS: 1. CONSTRUCTION RESPONSIBILITIES AND DEBRIS REMOVAL The permittee shall comply with the folio -wing construction -related requirements: (a) No construction materials, equipment, debris, or waste shall be placed or stored where it may be subject to wave/wind erosion and dispersion. (b) Any and all debris resulting frorn construction activities shall be removed from the site within 10 days of completion of construction. (c) No machinery or construction materials not essential for project improvements shall be allowed at any time in the intertidal zone; (d) Sand from the beach, cobbles, or shoreline rocks shall not be used for construction material. (e) If turbid conditions are generated during construction; a silt curtain shall be utilized to control turbidity; (f) Measures shall be taken to ensure that barges do not ground and impact eelgrass sites. (g) Floating booms shall be uscad to contain debris discharged into coastal waters and any deb,`is discharged shall be removed as soon as possible but no later than the end of each day. (h) Divers shall recover non -buoyant debris discharged into coastal waters as soon as possible after loss. 2. LOCATION OF DEBRIS DISPOSAL SITE PRIOR TO ISSUANCE OF A COASTAL DEVELOPMENT PERMIT, the applicant shall identify in writing, for the review and approval of the Executive Director, the location of the disposal site of the construction debris resulting from the proposed project. Disposal shall occur at the approved disposal site. If the disposal site is located in the coastal zone, a coastal development permit or an amendment to this permit shall be required before disposal can take place. 3. WATER QUALITY MANAGEMENT/BOAT OWNER MAINTENANCE PLAN A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the review and approval of the Executive Director, a Water Quality ManagemenUBoat Owner Maintenance Plan to ensure the control of adverse impacts to water quality related to long term water -borne berthing of boats at the dock. The applicant or successors in interest shall be responsible for complying with the provisions of the Water Quality Management/Boat Owner Maintenance Plan described herein and approved by the Executive. Director. 1 . The Plan shall demonstrate that long-term water -borne berthing of boats at this dock shall be managed in a manner which protects water quality and that persons using the clock <ire mode aware of the rules related to boat maintenance and use. Exhibit "B" 2. The Plan shall include, at a minimum, the following components or measures: (a) Boat Cleaning Management Measures: 1. Boats shall be removed from the water and cleaned such that debris is captured and properly disposed. In -water boat .hull washing shall be prohibited, unless done by hand. 2. In -the -water hull scraping or any process that occurs under water that results in the removal of paint from boat hulls is prohibited. 3. Boat owners shall utilize only detergents and cleaning components for washing boats that are phosphate -free and biodegradable, and that amounts used shall be minimized. 4. The use of detergers containing ammonia, sodium hypochlorite, chlorin, •.. ed solvents, petroleum distillates or lye is prohibited for the purpose of cleaning the exterior of boats. (b) Boat owners/operators using the dock shall: 1. Properly dispose of all waste discharge from sewage holding tanks at a public facility accessible to boaters that can handle waste disposal; 2. Properly dispose of all contaminated bilge water at a designated facility with appropriate equipment to dispose of such materials. (c) The applicant shall provide information about all of the measures in the Plan through a combination of signage, tenant bill inserts and distribution of the Plan to new tenants and each year to repeat tenants. In addition, the Plan shall be attached to all slip rental and/or lease agreements. Also, the applicant shall place a sign, in a conspicuous manner near the dock platform that lists the above water quality management and boat maintenance requirements. The sign shall identify accessible pump -out facilities for the disposal of contaminated bilge water and sewage waste. The sign shall be written and placed in an area where users of the boat dock can clearly read and understand the management and maintenance requirements.