Date: November 7, 2010 7:39:09 PM PST
To: fmansourian@co.marin.ca.us
Cc: sadams@co.marin.ca.us, jarnold@co.marin.ca.us, hbrown@co.marin.ca.us, skinsey@co.marin.ca.us, cmcglashan@co.marin.ca.us
Subject: A 4'-0" wide ADA compliant sidewalk adjoing a 6" curb on Evergreen Ave. may be acceptable.
Bcc: HVCC, Madrone Park Circle, SaveEvergreen and Hearus groups'
DPW Director Mansourian:
- Marin Horizon Inc.’s Marin Horizon School is mandated by County ordinances to make street improvements along Marin Horizon School's street frontage on the west side of Melrose.This portion of the project is a knowingly fraudulent application to use SR2S and County funds as Marin Horizon School is required to make the street improvements for which public funds have been applied for.
· Marin Horizon School's new building and partial demolition and reconstruction of its original building on Melrose Ave. was required a have a building permit in 2005 and is mandated to provide and pay for ADA compliant street improvements fronting its building sites in accordance with Section 24.04015 (c) and Section 19.05.010 and California Building Code CBC 1127B. Confirm that the scope of work for the Melrose Ave. street improvementare deleted and not fiinanced by SR2S or County funds.
· 19.05.010 Purpose: "Any person who constructs or causes to be constructed any building, dwelling or other structure for which a building permit is required shall be obligated to construct or have constructed or repaired street frontage improvements and driveways as specified in Title 24 of this Marin County Code, along all street frontages abutting the building site upon which the building, structure or structure is to be constructed, unless adequate street frontages improvement already exist and are in good condition
· Marin Horizon School’s on street passenger loading zone location does not comply with County Ordinance Title 24 Section 24.04.340 (p) which mandates that Marin Horizon School’s on street passenger loading zone be located off-street/on–site.
· Marin Horizon School’s on street passenger loading zone is on a slope greater than 2% and is as such is not ADA compliant. CBC 11.31B.2. The County was made aware of this in 2009.
· A minimum ADA compliant 5’-0” wide sidewalk is required to be furnished by Marin Horizon at Marin Horizon School’s passenger loading area. CBC Fig. 11B-24.
· ADA exterior walks and sidewalks shall be a minimum of 4’-0” wide. CBC 1131B.7.1.
· An ADA compliant sidewalk width greater than 4’-0” wide adjoining a 6” curb is not consistent with the Tamalpais Area Community Plan or Department of Public Works ordinance Title 24 requirements. See 9. Deliverability below.
· For some unknown reason Supervisor Kinsey and the Marin County Department of Public Works did not and has not required Marin Horizon School to comply with Title 19 Sections 19.05.and 015, Title 24 Section 24.04.340 (p) or CBC 11.31B.2 which requires the on-street passenger loading area to have a maximum slope of 2%.
A 4'-0" wide ADA compliant sidewalk adjoing a 6" curn on Evergreen Ave. may be acceptable subject to a vote of approval of only those Evergreen Ave. property owners on whose property it will be constructed and who will be financially responsible for its permanent maintenance.
The cost issue of permanent maintenance could be resolved by a County recoded agrreement with each of +/- 27 property owners to absolve them of all permanent maintenance responsibilities and related costs.
Your acknoweldgement and concurence with the above is respectfully requested.
Charles Sands, Archtect and Urban Designer for SaveEvergreen
Sandscondsult Architects
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