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Home My WebLink About18 - Supplemental ReportCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Supplemental Agenda Item No. 18 November 10, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Janet Johnson Brown, Associate Planner 949 - 644 -3236, or ibrown(cr�newportbeachca.gov Office of the City Attorney David R. Hunt, City Attorney 949 - 644 -3131 or dhunt(a)_newportbeachca.gov SUBJECT: Pacific Shores Properties, LLC 492 Orange Avenue, 492 % Orange Avenue, and 3309 Clay Street Reasonable Accommodation No. 2008 -001 (PA2008 -181) DISCUSSION: At the October 27, 2009, City Council meeting, the City Council considered an amended request for Reasonable Accommodation as submitted by the applicant/appellant, Pacific Shores Properties. The City Council made a motion to grant the appeal, and to modify the Hearing Officer's decision to deny without prejudice as to Request No. 5 of Reasonable Accommodation No. 2009 -001, subject to certain conditions. The modification approved by the City Council was to conditionally grant a reasonable accommodation for up to 12 residents and a resident manager at each of the Orange Avenue addresses. The number of occupants (residents and staff) entitled to reside at each address is based upon the California - Building Code (CBC) requirements for occupancies housing that number of resident clients and staff, and would be determined upon an inspection conducted by the Newport Beach Fire Marshal. On Tuesday, November 3, 2009, Fire Marshal Steve Bunting and Fire Inspector Steve Michael inspected the Pacific Shores facilities located at 492 Orange Avenue and 492 '/z Orange Avenue. The inspection was conducted to verify compliance with the 2001 edition of the CBC. The Fire Marshal reports that currently no more than nine occupants could be housed in each of the units. However, by changing the direction of an exit door swing and making Pacific Shores Properties, LLC 492 Orange Avenue, 492 % Orange Avenue, and 3309 Clay Street Reasonable Accommodation No. 2008 -001 (PA2008 -181) November 10, 2009 Page 2 certain other minor corrections, up to 12 occupants could be accommodated at 492 Orange Avenue. Chief Bunting has provided the Planning Department with a summary of the results of the inspection, included as Attachment A. To summarize, as currently configured, both dwelling units will be limited to nine occupants each, because neither dwelling unit currently has the exits required for 10 or more occupants. For an occupancy level of 10 or more occupants, the 2001 CBC requires two exits from a dwelling unit. The 492 '/2 Orange Avenue dwelling has only one exit, which is the front door. The 492 Orange Avenue dwelling has two exits, but the back door opens against an interior stairway. This restricts the opening to 21 inches, where the CBC requires 32 inches of clear width. However, the swing of the door could be reversed to provide the required clear width, which would remove that barrier and could allow Pacific Shores to house the 12 occupants requested at 492 Orange Avenue. The other corrections required as a result of the inspection are feasible and not prohibitively expensive. They include installing fire alarm pull stations, providing fire extinguishers on each level, installing illuminated addresses on the building, separating the laundry rooms from other areas of the building with one -hour fire resistant construction, and changing window coverings to non - flammable materials. Prepared by: Submitted by: David R. Hunt, City Attorney Attachment A: Memorandum from Newport Beach Fire Marshal MEMORANDUM Newport Beach Fire Department DATE: November 5, 2009 TO: Janet Brown FROM: Steve Bunting SUBJECT: Code Analysis of 492 and 492 1/2 Orange Ave. On Tuesday, November 3rd, Inspector Steve Michael and I inspected both 492 and 4921/2 Orange Ave to verify compliance with the 2001 edition of the California Building Code. Attached, please find an item by item analysis for each unit in the building. Both units will be limited to 9 occupants each (clients and staff) due to exit deficiencies. Section 1004.2.3.2 and Table 10A of the Code requires two exits from an R6 occupancy for 10 or more occupants 4921/2 has a single exit way, which is the front door. The front door meets the width requirement stated in the Building Code. 492 has two exit ways, a front and a back door. Both doors meet the width requirement stated in the Building Code. However, the back door opens against an interior stairway which restricts the opening to only 21 inches. 32 inches of clear width is required. As such, 492 only has one code compliant exit way; the front door. The owner may choose to correct the restriction at the back door by reversing the swing so that the door opens outward. If so, the number of occupants in 492 would not be limited by the R6 provisions of the Building Code. Other Code restrictions may apply. save S'actmtq R-6Z=7Vr more ambulatory clients 2001 Code References Fire Extinguisher Title 19 Section 3.29 Manual Pu||Station 2001C8[ Appendix Chapter 3A, Section 320A.2 492 Y20range Avenue Requirement 2A:IOBC fire extinguisher required. A manual pull station with audible device to6e heard throughout the facility is required. Inspection Results Provide fire extinguisher on each level. Provide a Manual pull station and bell in a central location along the path of exit travel. Door Hardware ZOO1C8C Chapter 10 Section 1003.3.1.8(2) Exit doors may be provided with a night latch, dead bolt orsecurity chain, provided such devices are openab|e from the inside without the use ofa key, tool, orspecial knowledge or effort and ismounted ata height not tu exceed 4O». Drapes/Curtains Title 19 Shall beof non flammable nnatehai Section 3.08 Wood blinds used throughout Status Correction A mum of 91 Approved ` ` 2001 Code References Requirement Inspection Results Emergency Escape Construction, Height and Allowable Area Status Approveti. 2001 CBC Every sleeping room shall be Windows measured and exceed the 5.7 square Approved Appendix Chapter 3A, provided with emergency escape or foot requirement. Section 318A.7 rescue window. Section 310.4 Every sleeping room shall have at least one operable window or door that shall open directly into a public street, public alley, yard or exit court. Escape or rescue windows shall have a minimum net clear openable area of 5.7 square feet. U`Ify �� - �m � ; I`I ";i ' � �f�imtatri "�teirwajr:uV3d�ItY+tsy be,.39 ". 2001 CBC Storage or laundry rooms that are Storage or laundry room shall be separated by Correction Chapter 3 used in common by tenants shall be one -hour construction. Section 310.2.2 separated from the rest of the building by not less than one -hour fire - resistive occuoancv separation. Illuminated Exit 2001 CBC Exit signs shall be internally or Signs Chapter 10 externally illuminated. Section 1003.2.8.4 Approved I IE.tE i(I tI M Exit signs not required for buildings with a single N/A exit. R -6.2 = 7 or more ambulatory clients 2001 Code References 492 Orange Avenue Requirement Inspection Results Status Fire Extinguisher Title 19 2A:1O13C fire extinguisher required. Provide fire extinguisher on each level.. Section 3.29 Manual Pull Station 2001 CBC Appendix Chapter 3A, Section 320A.2 Door Hardware 2001 CBC Chapter 10 Section 1003.3.1.8(2) Common Areas Section 3.08 A manual pull station with audible device to be heard throughout the facility is reauired. Exit doors may be provided with a night latch, dead bolt or security chain, provided such devices are openable from the inside without the use of a key, tool, or special knowledge or effort and is mounted at a height not to exceed 48 ". material. Correction d�a' in ah'f P g ; Approved Provide a manual pull station and bell in a central Correction location along the path of exit. Wood blinds installed throughout.. b straCted y "':Approued'for maximum of 9 ,rrpcted. totall occupants. Approved ied 2001 Code References Requirement Inspection Results Emergency Escape 2001 CBC Every sleeping room shall be Appendix Chapter 3A, provided with emergency escape or Section 318A.7 rescue. Section 310.4 Every sleeping room shall have at least one operable window or door that shall open directly into a public street, public alley, yard or exit court. Escape or rescue windows shall have a minimum net clear openable area Windows measured and exceed the 5.7 square Approved foot requirement. Construction, 2001 CBC Storage or laundry rooms that are Height and Chapter 3 used in common by tenants shall be Allowable Area Section 310.2.2 separated from the rest of the building by not less than one -hour fire - resistive occuoancv seoaration. ..... ....::... .I,,I,f:.. . ::.• 11 Illuminated Exit 2001 CBC Exit signs shall be internally or Signs Chapter 10 externally illuminated. Section 1003.2.8.4 ITIM1. 1 I'd LI J11. Occupant load of 9 or less does not require illuminated exit signs. 67x'it Approved Correction (if 10 or more) . Approved Correction (if 10orm