Commission Meeting: April 18, 2007 Santa Monica, California

TO: Accessibility Appeals Board

FROM: City Staff

SUBJECT: Appeal Board Ratification of Building Officer’s Determination That Legal/Physical Constraints Create an Unreasonable Hardship within Parking Structure serving office buildings at 2001 and 2021 Santa Monica Blvd.

INTRODUCTION

This report analyzes the accessibility requirements related to alteration projects located throughout the medical office buildings at the above addresses and the legal role of the local appeals board in ratifying certain unreasonable hardship decisions of the enforcement agency.

BACKGROUND

The California Building Code contains accessibility requirements for existing buildings. When alterations, structural repairs or additions are made to existing buildings that provide public accommodations, minimum standards exist to remove architectural barriers and provide for and maintain accessible features. These minimum standards include provisions for the following items: the specific area of alteration, structural repair or addition; a primary entrance; primary path of travel; and sanitary facilities, drinking fountains, signs and public telephones that serve the specific area of work. These items are required to comply with the accessibility standards for new buildings unless otherwise exempted for the total cost of construction or equivalent facilitation.

The California Building Code section 1130B exception No. 2 allows waiver of the required clearance of 8”-2” in existing parking structures when legal or physical constraints create an unreasonable hardship for compliance and equivalent facilitation. Waiver of this provision requires ratification by the Accessibility Appeals Board.

DISCUSSION

The building owner for the above buildings wishes to perform interior remodeling of medical suites located throughout the above structures at different time periods.

The existing parking structure serving the buildings was built prior to the enactment of requirement for 8’-2” clearance for van accessible parking spaces. The supporting beams for the floor slabs are set at approximately seven feet above the finished floor throughout the structure (See attachment “A”). The beams cannot be reduced in depth due to structural limits and thus constitute a legal physical constraint. Entrances to and travel throughout the parking garage are proposed to remain the originally constructed seven (7) feet of vertical clearance, instead of the eight (8) feet two (2) inches required for new buildings.

The parking structure has zero setbacks at the available street frontages. Parking drop off zone exists for the office buildings.

RECOMMENDATION

The staff recommends that the Accessibility Appeals Board find that due to legal and/or physical constraints, compliance with the vertical clearance requirement of California Building Code section 1130 B would create an unreasonable hardship for the proposed alterations related to this structure.

Prepared by: Timothy P. McCormick, P.E., C.B.O., Building Officer

Ben Yousefi, S.E, C.B.O., Assistant Building officer

ATTACHMENT “A”

CITY OF SANTA MONICA

PHOTO EXHIBIT

INSERT 4 INCH BY 6 INCH PHOTO

C.E. CASE #

LOCATION:

APN#

Parking garage vehicle access

2001 Santa Monica blvd

42760270.15

Owner

VIOLATION(S)/CODE SECTIONS(S):

REMARKS:

Vehicle entrance to parking structure.

Taken facing south from alley on west side of building.

(Photograph #2 was taken from position near attendant in this view)

Photograph taken 04-12-2007

ENFORCEMENT OFFICER: Officer Victor O'Neill

PAGE

0.01

CITY OF SANTA MONICA

PHOTO EXHIBIT

INSERT 4 INCH BY 6 INCH PHOTO

C.E. CASE #

LOCATION:

APN#

Parking garage vehicle access

2001 Santa Monica blvd

42760270.15

Owner

VIOLATION(S)/CODE SECTIONS(S):

REMARKS:

Vehicle access taken facing north

(see photograph #1 for location this was taken from)

Photograph taken 04-12-2007

ENFORCEMENT OFFICER: Officer Victor O'Neill

PAGE

0.02

CITY OF SANTA MONICA

PHOTO EXHIBIT

INSERT 4 INCH BY 6 INCH PHOTO

C.E. CASE #

LOCATION:

APN#

Parking garage vehicle access

2001 Santa Monica blvd

42760270.15

Owner

VIOLATION(S)/CODE SECTIONS(S):

REMARKS:

Actual point of entry into controlled parking.

Photograph taken 04-12-2007

ENFORCEMENT OFFICER: Officer Victor O'Neill

PAGE

3

CITY OF SANTA MONICA

PHOTO EXHIBIT

INSERT 4 INCH BY 6 INCH PHOTO

C.E. CASE #

LOCATION:

APN#

Parking garage vehicle access

2001 Santa Monica blvd

42760270.15

Owner

VIOLATION(S)/CODE SECTIONS(S):

REMARKS:

Handicapped spaces are approximately 30 feet for controlled access entry point.

Photograph taken 04-12-2007

ENFORCEMENT OFFICER: Officer Victor O'Neill

PAGE

0.04