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Home My WebLink About4.06 Veterinary Specialty Hospital CITY CLERK File # D[i]~k2J-~[Q] AGENDA STATEMENT CITY COUNCIL MEETING DATE: August 19, 2008 SUBJECT: Approval of Accessibility Exception - Veterinary Specialty Hospital (VSA Dublin) Report Prepared by: Melissa A. Morton, Public Works Di~ ATTACHMENTS: 1) Letter dated August 1, 2008, from VSA Dublin requesting exception Letter dated July 30, 2008, from Karpenko Family Partners to VSA Dublin Letter dated June 25, 2008, from VSA Dublin to Karpenko Family Partners Hardship Application Site Plan showing Karpenko and VSA Dublin properties 2) 3) 4) 5) RECOMMENDATION: A all Authorize the Public Works Director to sign and approve the legal ~ lJ'I- hardship application from Mr. Gaudet in accordance with State Regulation CBC, Title 24, Chapter 11, Section 1127B-Exception #2. FINANCIAL STATEMENT: There is no financial impact to the City. DESCRIPTION: Mr. Dwight A. Gaudet is the owner of Veterinary Specialty Hospital (VSA Dublin) at 7159 Amador Plaza Road. On August 1st, Mr. Gaudet requested that the City grant an exception from providing an accessible walkway from the public sidewalk on Amador Plaza Road to VSA Dublin's front entrance due to legal constraints (Attachment 1). The property is land locked, with the exception of a driveway easement on the adjoining property owned by Karpenko Family Partners. The Site Development Review (SDR) and improvement plans that were approved for this project show that VSA Dublin would provide an accessible walkway by using the existing sidewalk in front of the adjoining commercial center. During a field inspection performed by Staff, it became apparent that portions of the sidewalk exceed the Title 24/Americans with Disabilities Act of 1990 (ADA) design standard of a 2% cross slope. In order for the accessible route to be compliant, the overly-steep portions co PY TO: Dublin Veterinary Properties, LLC Page 1 of2 ITEM NO. 'I. ~ G:\DEVELOPMENT, PRIV ATEWeterinary Specialty Hospital\Agenda Statement- Accessibility Exception.DOC of the sidewalk in front of VSA Dublin would need to be removed and replaced per current Title 24 requirements, which would also necessitate a grade correction on the adjoining property. VSA Dublin was informed that this problem would need to be rectified before occupancy could be granted for the new building. VSA Dublin approached the adjoining property owner (Karpenko Family Partners) for approval and permission to do the necessary repair (Attachment 3). However, Karpenko Family Partners refused to grant access to its property to VSA Dublin (Attachment 2) in order to perform any Title 24 accessibility related work. In reviewing the corresponding letters from the property owners and the California Building Code, it was determined that a legal hardship can be granted to VSA Dublin as the existing conditions do not provide legal access for VSA Dublin to conduct any improvements on an adjoining property not under its control. Upon City Council's approval of such action, Mr. Gaudet will submit an application for "Determination of Accessibility for Existing Buildings" (Attachment 4). Staff recommends that the City Council authorize the Public Works Director to sign and approve the legal hardship application from Mr. Gaudet in accordance with State Regulation CBC, Title 24, Chapter 11, Section 1127B-Exception #2. Page 2 of2 DUBLIN VETERINARY PROPERTIES, LLC I COX7 1410 Monument Blvd., Suite 100 Concord, CA 94520 Phone: 925.827.1777 Fax: 925.827.1414 Managers: Dwight A. Gaudet, DVM, MA and Charles M. Walls, DVM, DACVS August 1, 2008 Ms. Melissa Morton Director of Public Works City of Dublin 100 Civic Plaza Dublin, CA 94568 Dear Ms. Morton: This letter is to document for you that as owner of the property located at 7111 I 7121 Amador Plaza Road in Dublin, we have contacted the owner of the adjacent property, Mrs. Lydia Karpenko of Karpenko Family Partners to discuss the sidewalk ADA compliancy issue that has been brought to our attention by the Department of Public Works. We met with both Mrs. Karpenko and her son, Mark Karpenko, on July 29th and outlined the cross slope issue that concerns the City, the fact that this walkway is being designated as the travel path to our property for ADA compliance, and what the necessary resolution would be. Both in that meeting and in a follow up letter (attached), she has refused to allow access to her property for the completion of this work. Please contact me for any further information that may be helpful. ;JltJJ~ ~ Dwight A. Gaudet, DVM, MA Managing Partner Dublin Veterinary Properties, LLC Veterinary Surgical Associates Veterinary Medical Specialists o RECYClED PAPER ~rra.;;81Ji ;(17 July 30, 2008 Mr. Dwight Gaudet, DVM, MA Dublin Veterinary Properties, LLC 1410 Monument Blvd, Suite 100 Concord, CA 94520 Re: City of Dublin's ADA Requirements Dear Dwight, It was a pleasure to meet with you and Aimee yesterday and discuss the ADA requirements that the City if Dublin has imposed on you. Unfortunately, we can not grant your request to enter our property in order to tear out our existing sidewalks and have your contractors re-construct them. This is a great inconvenience to our tenants and their customers and it would also greatly increase the liability exposures of the shopping center. We wish you all the success with your new veterinary hospital and we look forward to a long and prosperous relationship with our new business neighbor. Ifwe can be of any further assistance with the completion of your project, please let us know. Ms. Lydia Karpenko Managing Partner Karpenko Family Partners (925) 837-7339 ATTACIIHT k DUBLIN VETERINARY PROPERTIES, LLC ~~'l 1410 Monument Blvd., Suite 100 Concord, CA 94520 Phone: 925.827.1777 Fax:925.827.1414 Managers: Dwight A. Gaudet, DVM, MA and Charles M. Walls, DVM, DACVS June 25, 2008 Dear Ms. Lydia Karpenko, In follow up to our discussions occurring the week of July 21$1 and the meeting between you, Mark Karepenko, Dwight Gaudet, and Aimee Harris on July 28th' in Dublin, California, we wanted to confirm your position regarding the walkway around your building; . We explained the concerns of the City of Dublin regarding your walkway not meeting ADA design standards- particularly that some sections have greater than a 2% cross slope. We also noted that the city is requesting this work be done before we are issued a permanent occupancy certificate as that walkway is designated.. as the ADA path of travel to our landlocked property. It is our understanding that you are refusing to have this Work done on your property at this time. Without such legal access, we will be forced to request that an exception be granted by the City Council on this matter. We appreciate your.consideration of this issue. Dwight A. Gaudet, DVM, MA Managing Partner Dublin.Veterinary Properties, LLC Veterinary Surgical Associates Veterinary Medical Specialists o RECYCLED PAPER AlTA_EIl 3. 4ot7 CITY OF DUBLIN . BUILDING & SAFETY DIVISION 100 Civic Plaza, Dublin, California 94568 Website: http://www.ci.dublin.ca.us Phone: (925) 833-6620 Fax: (925) 833-6628 DETERMINATION OF ACCESSIBILITY FOR EXISTING BUILDINGS IF YOUR PROJECT DOES NOT EXCEED A CONSTRUCTION VALUE OF $119.958.65*, AND if some or all of the listed items below are not currently in compliance with state regulations, compliance may be limited to the actual work of the project if the Building & Safety Division finds that compliance with one or more of the items creates an unreasonable hardship. To be considered for such a determination, an application for "Documentation of Unreasonable Hardship under State of California Access for the Disabled Requirements" must be completed. The application shall include: (1) a narrative description of your project including your estimated construction costs; (2) a description of your estimated costs to retrofit the building with the otherwise-required accessibility features; and (3) a formal request for a determination of unreasonable hardship which includes your stated justifications. Be sure that you reference all applicable code sections in your letter. Note that such a determination is not a blanket exemption but, rather, limits the required cost of accessibility upgrades to 20% of the cost of your project on items in the following order of priority (2007 California Building Code Section 1134B.2.1 Exception 1): 1. An accessible entrance 2. An accessible route to the altered area 3. At least one accessible restroom for each sex 4. Accessible telephones 5. Accessible drinking fountains, and 6. When possible, additional accessible elements such as parking, storage and alarms *Cost of construction is updated annually based on ENR 20 Cities Construction Cost Index, as published by Engineering News-Record, McGraw-Hili Publishing Company. $119.958.65 is cost effective January 2008 C:\Dooument, and Sett;ng,\ononthaok\Loeal Settmgsf:s;;:::i4~~iel~:t Fil"\OLK4\h,,,d ATT'- If. 0~7 . BUILDING & SAFETY DIVISION CITY OF DUBLIN 100 Civic Plaza, Dublin, California 94568 Website: htto://www.ci.dublin.ca.us Phone: (925) 833-6620 Fax: (925) 833-6628 Application for Unreasonable Hardship to Disabled Access Requirements (For Existino Buildinos Where Cost of Construction does not exceed $119.958.65 (rev. 1/2008) Sec. 1134B.2.1 Exc. 1 Project Address: Plan Check # I Date: Description: Total Construction Cost (project valuation) $ It is requested that the above project be granted an exemption from the requirements of the State of California Title 24 Accessibility Regulations, as specifically listed below. The specific accessibility features that create a hardship may be exempted but not all of them. The area of alteration itself may not be exempted. 1 Access Featu re Access & Path of Travel to Building Entrance (parking stall(s), loading zones, curb ramps, signage, etc.). Does this feature meet latest ed ition Title 24? If not, is the feature (or portion thereof) to be made accessible at this time? 2 Accessible Entrv (door hardware, landing, threshold, etc.) . Path of Travel to remodeled area or addition from main building entrance. Accessible Restroom(s) (clearance, mounting heights, door signage, etc.) 3 4 5 Public Phone(s) (if provided). 6 Drinking Fountain(s) (if Provided). Total cost of access feature provided (A)l (note below)............................................................. Total cost of Construction (B) ........................................................................................................... (A -;- B) x 100 (20% minimum expenditure is required) ............................................................ Has construction work been performed in the same space, within the last three years? Description of access features provided: What is the cost for making this feature (or portion thereof) accessible? $ $ $ $ $ $ $ $ % Applicant Information: I am the owner/agent of the above referenced property and attest that the above costs are accurate and true. I also agree to allocate expenditures for the accessible features as described on this application. Name (print) Signature: Firm Address: Position: 1 NOTE: All costs shall be documented by actual bids or other information acceptable by the Building Official. FOR DEPARTMENT USE ONLY This exception does not relieve the responsible parties from complying with the Federal American with Disabilities Act (ADA). Staff Person: Approval Recommended: Date: C:\Documents and Sertings\ananthank\Local Sertings\Temporary Internet Files\OLK4\hardship.doc Last saved 4/13/04 page 1 of2 Building Official: Approved/Denied Date: 0~7 STAFF USE ONLY Based upon the above documentation, the following action was taken: The project listed above has been denied an unreasonable hardship exception under 24 CCR ~ 422(c). The project listed above has been granted an unreasonable hardship exception based on the requirements of the State of California CCR - Title 24 (regulations for the Accommodations of the Disabled) pursuant to 24 CCR ~ 422(c). The following findings were made: 1. The type of facility is: 2. The facility is used by the general public for: 3. The cost of providing access is: 4. The total cost of construction of the facility is: 5. The access feature(s) that would be gained or lost is/are: 6. What are physical or legal constraints which prevent compliance with these standards: 7. Equivalent facilitation will be provided as follows: The granting of the above exception does not allow a blanket exception to other access requirements. C:\Documents and Settings\ananthank\Local Settings\Temporary Internet Files\OLK4\hardship.doc last saved 4/13/04 page 2 of2 i = - .... =- -I I~ c < o a: < N < ...I 0.. a: o c < ::Ii < - - .... I!lllS!RGeHCY YI!IiCU! P A Tli OFTRA VI!1. - - - - && & ~~5.00 S 56' 09'31" W -----------------------------~...- --\- rl "I:- ;; " I~ ~Ir' __~, i iT'f~-~'~-I-1 I I I RMl"+1 , , I Karpenko's Property ~ n~r U I. I EXISTING BUILDING SHOWN FOR REFERENCE . ONLY j, .t~/ lJ J SUBJECT BUILDING '" 7159/7111 AMADOR PLAZA RD. 16,716 S.F. cc;t.STFlJ.:T'(;:N T'tPE: V-N CCC\.4'~Cy TYJ'E: B EU.[::I'G ~ 'MTH SPAl-l<W'S 1H'CU3l-QJT ,~. 1 . 0 N ~7' 07'JI~ E 1 1 /-(.v / 1 i &. ~J----- 0. I ~J1JJjilft ---- Path of Travel J Areas of work - Permission Granted --J ~ SITE IMPROVEMENT PLAN OCALE: r '" '1fJ-f:! " ----J Is Areas of work - Permission Denied ~ I::. ~K)TE: SEE CIVIL DRAWINGS FOR rv1C'RE ;f\JFORMu. TION.