Loading...
HomeMy WebLinkAboutCC AG PKT 2004-08-09 #R • • AGENDA REPORT DATE: - August 9, 2004 TO: Honorable Mayor and City Council O THRU: John B. Bahorski, City Manager FROM: Lee Whittenberg, Director of Development Services SUBJECT: Repeal of Exception 7 to Section 1004.2.3.2 of the California Building Code (Section 9.55.065.L of the Seal Beach Municipal Code) — Secondary Exits on Third Stories • SUMMARY OF REQUEST: Introduce and Adopt Ordinance No. - U, An Ordinance of the City of Seal Beach Repealing Exception 7 to Section 1004.2.3.2 of the California Building Code (Section 9.55.065.L of the Seal Beach Municipal Code) and Declaring the Urgency Thereof. Introduce Ordinance No. , An Ordinance of the City of Seal Beach Repealing Exception 7 to Section 1004.2.3.2 of the California Building Code (Section 9.55.065.L of the Seal Beach Municipal Code) BACKGROUND: • Determination of Director of Development Services re: § 9.55.065.L, Exception 7,. of the Municipal Code: City staff has determined, based on guidance from the Building Official and the City Attorney, that a local amendment to the California Building Code (CBC) that allows a fixed emergency exit ladder from the top habitable floor to natural grade in lieu of a second exit is preempted by State Law and thus ineffective. Cities may amend the CBC, provided the amendment establishes "more restrictive building standards reasonably necessary because of local climatic, geological, or topographical conditions." (HSC § 18941.5) Section 9.55.065.L, Exception 7, of the Municipal Code states: "7. Group R, Division 3 Occupancies located on a lot- with 1000 square feet of ground area or less may provide the following in- lieu of the second required exit: (a) A fixed emergency exit ladder from the top habitable floor to natural grade. Other ladder systems approved by UL s Agenda Item Z: \My Documents \ BUILDING \Secondary Exit Requirtnent.Repeal of Exception 7.CC Staff Report.doc \LW \07 -28 -04 Introduction of Ordinance's re: Repeal of Exception 7 • to Section 1004.2.3.2, Second Exits City Council Staff Report August 9, 2004 and ICBO may be used if approved by the Building Official; and (b) The dwelling shall contain a 13 -D fire sprinkler system, as approved by the Orange County Fire Authority and the Building Official." There are no specific climactic, geological, or topographical conditions justifying departure from the CBC, and Exception 7 does not establish more restrictive standards than the CBC, in the opinion of the Building Official and City Attorney. A proposed ordinance has been drafted in two versions, one as an urgency ordinance and one as a regular, and they are provided as Attachments A and B, respectively. Based on the above guidance from the Building Official and City Attorney, the City, . effective July 22, 2004, has not approved any development projects that are utilizing the provisions of § 9.55.065.L, Exception 7, of the Code. • Overview of Urgency Ordinance and Regular Ordinance Adoption Process: Staff recommends that the council adopt two virtually identical versions of an ordinance that would eliminate the provisions of § 9.55.065.L, Exception 7, of the Code. The first version is an Urgency Ordinance. A four -fifths (4/5) vote is required to adopt this urgency ordinance upon first reading. This urgency ordinance would immediately effectuate the repeal of § 9.55.065.L, Exception 7, of the Code. This ordinance is provided as Attachment 1 of the Staff Report. Staff is also recommending introduction of a regular ordinance -that would have the same effect (to wit, repeal § 9.55.065.L, Exception 7), but the regular ordinance would not become effective for approximately two months. - -This ordinance. is provided as Attachment 2 of the Staff Report. This process entails the customary introduction (first reading) at one council meeting and second reading and adoption at a subsequent meeting at least six days later. If the Council were to introduce the ordinance this evening and adopt the ordinance on September 13, the ordinance would become effective on October 13, 2004. If both ordinances are adopted, the urgency ordinance would be rendered null and void upon the effective date of the regular ordinance. Unless the Council adopts the proposed urgency ordinance, the two -step process of a regular ordinance adoption would place the city in the position of having an unenforceable building code exemption in effect for approximately 60 more days before taking effect, and confusing property owners as to their ability to propose development in accordance with those provisions. The adoption of the urgency ordinance will ' 2 Secondary Exit Requirme[.Repeal of Exception 7.CC State Report Introduction of Ordinance's re: Repeal of Exception 7 to Section 1004.2.3.2, Second Exits City Council Staff Report August 9, 2004 immediately eliminate that provision from the Municipal Code, and the confusion that would result with it remaining a part of the Municipal Code. The properties that would be immediately affected by this action are discussed below under "Impact of Determination on Affected Properties." The Council has the power to direct staff to continue processing pending applications in the "pipeline." However, we recommend that .pending applications not be excluded from the terms of the new ordinance. Rather, we feel that a fair and equitable way to address pending applications is through the `Building Official's Authority to Approve Alternates to the CBC' process, described below in this report. Impact of Determination on Affected Properties: Certain property owners within the community of Surfside will not be able to obtain a building permit for their respective development applications until compliance with the provisions of the CBC is achieved or until such time as the Building Official approves an "alternate method of construction and/or alternate material ", as is discussed below. Those property owners in Surfside that have been impacted by the determination of the Director of Development Services were notified by letter on July 22, 2004 of that determination. A copy of the letter sent to Surfside Colony that addresses the impact to each property owner is provided for the information of City Council as Attachment 2. This letter includes a summary of the calculations completed by our Senior Building Inspector and verified by the Building Official for the 5 impacted properties within Surfside Colony, with an indication as to how many square feet of floor area on the third, and in some cases also on other floor levels, would need to be eliminated to comply with the 500 square foot requirement of the California Building Code. These calculations do . not include the area of the exterior walls on the subject floor levels, as is permitted in the California Building Code. Te letter also invited all parties to a meeting on July 28 to further discuss this matter. July 28 Meeting with Affected Property Owners: A meeting was held on July 28 with the Director of Development Services, City Attorney, Assistant City Attorney, Building Official, the affected property owners and their architects or contractors and a representative of Surfside Colony. At that meeting the major issues discussed were the proposed actions subject to this Staff Report along with "alternate approval" standards that the Building Official will be willing to consider. There was also discussion regarding how the Building Official would determine certain issues regarding square footage of stairways and other more technical Building Code, interpretation matters. Staff informed all present that the City would provide clarification on those questions of the Building Official as soon as possible. 3 Secondary Exit Requirment.Repeal of Exception 7 .CC Staff Report • • Introduction of Ordinance's re: Repeal of Exception 7 to Section 1004.2.3.2, Second Exits City Council Staff Report August 9, 2004 Building Official's Authority to Approve Alternates to the CBC: In addition, the provisions of Exception 7 of § 9.55.065.L do not qualify as an altemate method of construction or alternate material for housing, approvable on a case -by -case basis by the Building Official, as those provisions are not "at least the equivalent of that prescribed in the California Building Standards Code ... in performance, safety", and for the protection of life and health," HSC § 17951(d)(2), and are not based on an individual project evaluation. Under the CBC, the City's Building Official has the discretion to approve alternate methods of construction and alternate materials for housing, if the Building Official determines that the alternate method or material is "at least the equivalent of that prescribed in the California Building Standards Code ... in performance, safety, and for the protection of life and health." HSC § 17951(d)(2). The Building Official will consider applications for alternative method /material proposals on a case -by -case basis. A copy of the Building Department Form to request consideration of a "Request for Modifications" pursuant to CBC Section 104.2.7 or "Request for Alternate Materials, Alternate Design and Methods of Construction" pursuant to CBC Section 104.2.8, has been provided to each impacted property owner in Surfside for their use, if they pursue this alternative process for their development project. A copy of this fonn is provided as Attachment D for the infonnation of the City Council. The City has received such a request for an alternate approval from the owner of C -1 Surfside on July 17 and the Building Official has begun his review of that request. Avenue of Appeals: • • The City has notified the property owners that they may appeal the determination of the Director of Development Services to immediately cease utilization of the Exception 7 provision. Any appeal must be filed on or before' August 2, 2004. Staff has also informed all of the affected property owner's of this proposed action by the City Council this evening and provided a copy of the City Council Staff Report to each affected party, indicating that if they wish to appeal the determination of the Director of Development Services, that they will be able to speak to that issue as part of the consideration of the ordinances before the City Council this evening. FISCAL IMPACT: - None. 4 • Secondary Exit Requirment.Repeal of Exception 7.CC Staff Report Introduction of Ordinance's re: Repeal of Exception 7 to Section 1004.2.3.2, Second Exits City Council Stall Report August 9, 2004 RECOMMENDATION: Adopt Ordinance No. - U, An Ordinance of the City of Seal Beach Repealing Exception 7 to Section 1004.2.3.2 of the California Building Code (Section 9.55.065.L of the Seal Beach Municipal Code) and Declaring the Urgency Thereof Introduce Ordinance No. , An Ordinance of the City of Seal Beach Repealing Exception 7 to Section 1004.2.3.2 of the California Building Code (Section 9.55.065.L of the Seal Beach Municipal Code) NOTED A M APPROV alt5 Tee Whittenberg Jo :. Bahorski Director of Development Se ces C anager Attachments: (4) Attachment A: Ordinance No. - U, An Ordinance of the City of Seal Beach Repealing Exception 7 to Section 1004.2.3.2 of the California Building Code (Section 9.55.065.L of the Seal Beach Municipal Code) and Declaring the Urgency Thereof Attachment B: Ordinance No. , An Ordinance of the City of Seal Beach Repealing Exception 7 to Section 1004.2.3.2 of the California Building Code (Section 9.55.065.L of the Seal Beach Municipal Code) Attachment C: - Letter to Impacted Property Owners and Surfside Colony re: "Exit Access Requirements — Section 1004.2.3.2 of the California Building Code and Local Amendments Thereto ", dated July 22, 2004, not including Attachments 2 and 3 Attachment D: City of Seal Beach - "Request for Modifications" pursuant . to CBC Section 104.2.7 or "Request for Alternate Materials, Alternate Design and Methods of Construction" pursuant to CBC Section 104.2.8 5 Secondary Exit Requinnent.Repeal of Exception 7.CC Staff Report • Introduction of Ordinance's re: Repeal of Exception 7 to Section 1004.2.3.2, Second Exits City Council Staff Report • August 9, 2004 • (ORIGINAL ON CITY LETTERHEAD) BY E -MAIL AND HAND DELIVERY AS NOTED BELOW July 22, 2004 Dave Evans, Surfside Colony E -mail: dave.evans @surfside.net Judy Norton, Surfside Colony Hand Delivery SUBJECT: EXIT ACCESS REQUIREMENTS — SECTION 1004.2.3.2 OF THE CALIFORNIA BUILDING CODE AND LOCAL AMENDMENTS THERETO Upon review of Section 1004.2.3.2 of the California Building Code (CBC), and _based on consultation with the Building Official, Senior Building Inspector, and the City Attomey's Office, I have determined: ❑ The City, effective immediately, will not approve any development project utilizing the provisions of § 9.55.065.L, Exception 7, of the Municipal Code as an alternative to installing a second exit. • ❑ The City will continue to calculate "floor area" in accordance with the provisions of the California Building Code, Section 207 - • F. "Habitable space" will not be utilized to determine `floor area ". I am providing this information to Surfside Colony to make you aware of this situation. A similar copy of this letter has been provided to each impacted property owner and architect, as identified in Attachment I, with only the information regarding their particular property provided as part of Attachment 1. Determination re: § 9.55.065.L, Exception 7, of the Municipal Code: The City has determined that a local amendment to the California Building Code that allows a fixed emergency exit' adder from the top habitable floor to natural grade in lieu of a second exit is preempted by State Law and thus ineffective. Cities may amend the CBC, provided the amendment establishes "more restrictive building standards 13 Secondary Exit Requinnent.Repeal of Exception 7.CC Staff Report Introduction of re: Repeal of Exception 7 to Section 1004.2.3.2, Second Exits City Council Staff Report August 9, 2004 reasonably necessary because of local climatic, geological, or topographical conditions." HSC § 18941.5. Exception 7 does not establish more restrictive standards. In addition, the provisions of Exception 7 of § 9.55.065.L do not qualify as an alternate method of construction or alternate material for housing, approvable on a case- by -case basis by the Building Official, as those provisions are not "at least the equivalent • of that prescribed in the California Building Standards Code ... in performance, safety, and for the protection of life and health." HSC § 17951(d)(2). • Based on the above, the City, effective immediately, will not approve development projects that are utilizing the provisions of § 9.55.065.L, Exception 7, of the Code. • Determination re: Calculation of "floor area" in accordance with the provisions of the California Building Code, Section 207 — F: The "Exception 4" provisions of Section 1004.2.3.2 are applicable to `floor area," rather than "habitable space." As a result, construction must include two exits unless the floor area of third stories (and fourth stories) including the space used by bathrooms, closets, staircases, and roof decks, is 500 square feet or less. The International Conference of Building Officials ( "ICBO "), which publishes the Uniform Building Code, has issued a written opinion on this issue. The ICBO opinion makes clear that the square footage in the exception is a reference to floor area and not habitable area: "[TJhe area of the stairway should be included in the determination of the 500 sq. ft. threshold. Floor area is normally used to determine occupant load, to determine many types of occupancies, and for determination of allowable floor area (which is mainly based on relative potential fire fuel load)." The ICBO clarifies that the requirement to provide two staircases is unrelated to occupant load, and discusses the background behind the two staircase requirement. As a result, based on the lack of any reference to habitable space in the exception itself, the use of the word `floor" and the ICBO opinion, the exception applies to `floor area ", not "habitable space ". Impact of Determination on Impacted Properties: Certain properties will not be able to obtain a building permit for their particular development application until compliance with the provisions of the CBC, is achieved or until such time as the Building Official approves an "alternate method of construction - __ 14 Secondary Exit Requinnent.Repeal of Exception 7.CC Staff Report Introduction of Ordinance's re: Repeal of Exception 7 to Section 1004.2.3.2, Second Exits City Council Staff Report August 9, 2004 and /or alternate material." Provided as Attachment 1 is a summary of the calculations completed by our Senior Building Inspector and verified by the Building Official for the impacted properties within Surfside Colony, with an indication as to how many square feet of floor area on the third, and in some cases also on the fourth floor, would need to be eliminated to comply with the 500 square foot requirement. These calculations do not include the area of the exterior walls on the subject floor levels. Building Official's Authority to Approve Alternates to the CBC: Under the CBC, the City's Building Official has the discretion to approve alternate methods of construction and alternate materials for housing, if the Building Official makes a determination that the alternate method or material is "at least the equivalent of that prescribed in the California Building Standards Code . . . in performance, safety, and for the protection of life and health." HSC § 17951(d)(2). City staff is aware that the City of Newport Beach has approved several "alternate methods of construction or alternate materials" and would suggest that you contact their • staff to gain a clearer understanding as to what another city has determined to be "equivalent ", if you determine to apply for such a request of our Building Official. The Building Official will consider applications for alternative method /material proposals on a case -by -case basis. A copy of the Building Department Form to request consideration of a "Request for Modifications" pursuant to CBC Section 104.2.7 or "Request for Alternate Materials, Alternate Design and Methods of Construction°' pursuant to CBC Section 104.2.8, is provided as Attachment 2 for your use if you determine to pursue this alternative process for your development project. Darik Doggett, Senior Building Inspector, will be happy to meet with any interested party to discuss the "Alternate Materials /Altemate Design" form and provide any assistance that he can relative to this matter. Mr. can be reached at (562) 431 -2527, extension 315, or by e -mail at ddoggett(cfci.seal- beach.ca.us. Buster Scholl, Building Official, will also be happy to meet with any interested party on this matter. • Please contact Darik Doggett to arrange an appointment with Mr. Scholl._ Avenue of Appeals: This detennination of the Director of Development Services regarding the immediate effect of this determination may be appealed to either a hearing officer or the City Council in accordance with the provisions of Chapter 1.20 of the Code. A copy of this section of the Municipal Code is provided as Attachment 3 for your,infonnation. The appeal periods set forth within Chapter 1.20 of the Municipal Code will begin based on the date of this -versa: 15 f _ = Secondary Exit Requinnent.Repeal of Exception 7.CC Staff Report Introduction of Ordinance's re: Repeal ofException,7 to Section 1004.2.3.2, Second Exits City Council Staff Report August 9, 2004 Scheduled Meeting to Discuss this Determination: I am inviting all parties to a meeting in the City Council Chambers at City Hall, 211 Eight Street, on Wednesday, July 28 at 4:00 PM to meet and discuss this situation. Representatives of the Building Department, Planning Department, and the City Attorney's Office will be present to discuss the subject determination, the alternate approval process, and the appeal process. The City understands the disappointment this determination will place on you and wish to avail our staff to discuss these matters. Unfortunately I will be out of the office all day on Friday, July 23. I will be in the office on Monday, Tuesday and Wednesday, July 26, 27 and 28, and can be reached at (562) 431 -2527, extension 313, or by e -mail at 1hittenberg@ci.seal- beach.ca.us. Sincerely, /s/ Lee Whittenberg Director of Development Services _ Attachments: (3) Attachment 1: Floor Area Calculations — Impacted Properties in Surfside Colony Attachment 2: City of Seal Beach - "Request for Modifications" pursuant to CBC Section 104.2.7 or "Request for Alternate Materials, Alternate Design and Methods of Construction" pursuant to CBC Section 104.2.8 Attachment 3: Seal Beach Municipal Code - Chapter 1.20, Review of Quasi- Judicial Decisions Cc: City Manager _ City Council City Attorney Building Department Planning Department 16 - -.. . Secondary Exit Requirment.Repeal of Exception 7.CC Staff Report • • Introduction of Ordinance's re: Repeal of Exception 7 to Section 1004.2.3.2, Second Exits City Council Staff Report August 9, 2004 • ATTACHMENT 1 • FLOOR AREA CALCULATIONS - IMPACTED PROPERTIES IN SURFSIDE COLONY • ❑ Darren Degele, B -106 Surfside (Owner); Tim Deeds Design (Architect) ❑ 3` Floor Plan — Includes Bedroom # 2, Master Bedroom, Bathrooms, closets, stairs and roof deck ❑ Master Bedroom and Bath, closet, stirs, and roof deck — 540 square feet ❑ Bedroom # 2 and Bath # 2 - 189 square feet ❑ Combined areas are 729 square feet — a second exit passage is required unless floor area is reduced by approximately 230 square feet. ❑ Michael Baker, B -98 Surfside (Owner): Paul Geijer (Architect) ❑ 3 Level Plan — Mezzanine area (Bedroom) and Bath Room, stairs — 234 square feet ❑ Fourth Level Plan — Master Bedroom and Bathroom, stairs - 315 square feet ❑ Fifth Level Plan — Study and stairs — 234 square feet ❑ Roof Deck Level — 336 square feet ❑ Third floor and above levels floor area, including roof deck, is 1,119 square feet, greater than 500 square feet - a second exit passage is required unless floor area is reduced by approximately 619 square feet. ❑ Jim Scardino, B -94 Surfside (Owner); Vinh Pham (Architect) ❑ 3` Floor Plan — Living/Dining /Kitchen area and Powder Room, stairs and deck ❑ Floor Area of 3rd floor of residence — 481 square feet ❑ Floor area of 3` floor deck — 101.75 square feet ❑ Floor area of roof deck — 266 square feet ❑ 3rd floor area, including decks, is 848.75 square feet, greater than 500 square feet — a second exit passage is required unless floor area is reduced by approximately 349 square feet. ❑ Christopher Echeveste, B -88 Surfside (Owner): Phillip Bennett (Architect) ❑ 3 Floor Plan — Master Bedroom and Bath Room, 2 bedrooms and bathroom stairs — 666 square feet ❑ Roof Deck Level — 269 square feet — 17 Secondary Exit Requinnent.Repeal of Exception 7.CC Staff Report • Introduction of Ordinance's re: Repeal of Exception 7 • to Section 1004.2.3.2, Second Exits City Council Staff Report • August 9, 2004 ❑ Third floor and roof deck is 935 square feet, greater than 500 square feet — a second exit passage is required unless floor area is reduced by approximately 435 square feet. ❑ Anton Marinkovich, C -1 Surfside (Owner); BBG Architects (Architect) ❑ 3` Floor Plan — Bedroom # 2, Bath # 2, Master Bedroom and closet, portion of stairs - 537 square feet ❑ 4 Floor Plan (12 risers higher than 3` floor) — 402 square feet • ❑ Master Bath with side deck — 180 square feet ❑ Roof Deck (18 risers higher than 3` tloor) — 222 square feet ❑ 3rd and 4th floor area, including decks, is 911 square feet, greater than 500 square feet — second exit passage required - unless floor area is reduced by approximately 412 square feet. • • • • • • • I I 18 Secondary Exit RequinnenL.Repeal of Exception 7.CC Staff Report • • Introduction of Ordinance's re: Repeal of Exception 7 to Section 1004.2.3.2, Second Exits City Council StaffReport August 9, 2004 ATTACHMENT 'D CITY OF SEAL BEACH - "REQUEST FOR MODIFICATIONS" PURSUANT TO CBC SECTION 104.2.7 OR "REQUEST FOR ALTERNATE MATERIALS, ALTERNATE DESIGN AND METHODS OF CONSTRUCTION" PURSUANT TO CBC SECTION 104.2.8 • 19 Secondary Exit Requinnent.Repeal of Exception 7.CC Staff Report �E O SEr1! , ti CPRP A9l"'e9�, : a * .0 27,\ , CITY OF SEAL BEACH uNn, cP BUILDING DEPARTMENT Request for Modifications (UBC Section 104.2.7) Request for Alternate Materials, Alternate Design and Methods of Construction (UBC Section 104.2.8) Under the administrative authority granted by the Code(s) designated on this form, the undersigned submits evidence with a request for favorable ruling by the Building Official. Project Name: Project Address: Code Title and Edition: Subject of Alternative of Modification: Alternate or Modification Proposed: Justification (Attach Copies of supportive data, diagrams, analogies, etc.) Requested by: Architect Name: Engineer Address: Contractor Building Owner Phone No.: Approval Denial Reason: Signature: Date: AGENDA REPORT 0 ir) 5P-7 AGENDA ITEM "R" - SUPPLEMENTAL REPORT 0Ad /t/ DATE: August 9,2004 TO: • Honorable Mayor and City Council THRU: John B. Bahorski, City Manager FROM: . Lee Whittenberg, Director of Development Services SUBJECT: Repeal of Exception 7 to Section 1004.2.3.2 of the California Building Code (Section 9.55.065.L of the Seal Beach Municipal Code) — Secondary Exits on Third Stories , SUMMARY OF REQUEST: Adopt Ordinance No. 1527, An Ordinance of the City of Seal Beach Repealing Exception 7 to Section 1004.2.3.2 of the California Building Code (Section, 9.55.065.L of the Seal Beach Municipal Code) and Declaring the Urgency Thereof. Introduce Ordinance No. 1528, An Ordinance of the City of Seal Beach Repealing Exception 7 to Section 1004.2.3.2 of the California Building Code (Section 9.55.065.L of the Seal Beach Municipal Code) . BACKGROUND: A revised copy of the proposed urgency Ordinance No. 1527 .. is provided,. based on the recommendation of the City Attorney. The language in Section 2 has been revised and is noted by hold and double underline text. There are no . other revisions recommended to the regular ordinance as part of the consideration of this matter. FISCAL IMPACT: None. • ,l Agenda Item g • Z: \My Documents \ BUILDING \Secondary Exit Requinnent.Repeal of Exception 7.CC Staff Report.Supp.doe \LW\08 -04 -04 Introduction of Ordinance's re: Repeal of Exception 7 to Section 1004.2.3.2, Second Exits - Supplemental City Council Staff Report August 9, 2004 RECOMMENDATION: Adopt Ordinance No. 1527, An Ordinance of the City of Seal Beach Repealing Exception. 7 to Section 1004.2.3.2 of the California Building Code (Section 9.55.065:L of the Seal . Beach Municipal Code) and Declaring the Urgency Thereof Introduce Ordinance No. 1528, An Ordinance of the City of Seal Beach Repealing Exception 7 to Section 1004.2.3.2 of the California Building Code (Section 9.55.065.L of. the Seal Beach Municipal Code) NOTED AND PROVED: -rL_ L / / /.a // ; 4 15 ) Whittenberg Jo /.. Bahorski Director of Development Services yr anager Attachments: (1) Attachment A: • Revised Ordinance No. 1527, An Ordinance of the City of • . Seal Beach Repealing Exception 7 to Section 1004.2.3.2 of the California Building Code (Section 9.55.065.L of the . Seal Beach Municipal Code) and Declaring the Urgency Thereof • 2 Secondary Exit Requirmcnt.Repeal of Exception 7.CC Staff Report.Supp