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LAW OFFICES OF
TERM OF THE CONSENT DECREE AND ORDER: 14. This Consent Decree and Order shall be in full force and effect for a period of
twelve (12) months after the date of entry of this Consent Decree and Order, or until the injunctive relief contemplated by this Order is completed, whichever occurs later. The Court shall retain jurisdiction of this action to enforce provisions of this Order for twelve (12) months after the date of this Consent Decree, or until the injunctive relief contemplated by this Order is completed, whichever occurs later.
SEVERABILITY: 15. If any term of this Consent Decree and Order is determined by any court to be
unenforceable, the other terms of this Consent Decree and Order shall nonetheless remain in full force and effect.
SIGNATORIES BIND PARTIES: 16. Signatories on the behalf of the parties represent that they are authorized to bind
the parties to this Consent Decree and Order. This Consent Decree and Order may be signed in counterparts and a facsimile signature shall have the same force and effect as an original signature.
Dated: June
, 2008 Plaintiff ANDI MILLARD
Dated: June
, 2008 Defendant ZHAO HONG MIAO, dba CHEF KING RESTAURANT
PAUL L. REIN
200 LAKESIDE DR., SUITE A OAKLAND, CA 94612-3503 (510) 832-5001
Consent Decree and [Proposed] Order: Case No. C07-04795 PJH
6
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ATTACHMENT "A"
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Chef King Restaurant
2214 El Camino Real San Mateo, CA
Disabled Access Evaluation: Assessment of Architectural Barriers
Inspection Date: 12/13/07
Survey performed by: __________________________ Jonathan Adler, Principal ACCESS COMPLIANCE SERVICES ICBO Accessibility Inspector/Plans Examiner #0886919-21 CA Contractor Lic. #707965 (831) 429-4191
Part I: Part II. Part III: Part IV: Part V:
Basis For Identifying Inaccessible Features ....................................................................................................... 2 Basis For Determining The Requirement To Correct Inaccessible Features...................................................... 2 Summary Of Architectural Barriers..................................................................................................................... 4 Detailed Inventory of Architectural Barriers ........................................................................................................ 6 Recommendations ........................................................................................................................................... 12
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Part I: Basis For Identifying Inaccessible Features
· ANSI A117.1-1961.....................................................................................(1970 to 1981) American National Standards Institute standards for accessibility, as applied to public accommodations in California pursuant to Govt. Code 4450 and H&S Code 19955 · CA Code of Regulations, Title-24 Part 2, Volume 1 ................................. (1982 to present) The California Building Code as applies to public accommodations, pursuant to CA Health & Safety Code 19955 · The Americans with Disabilities Act Title III28 CFR Part 36, Appendix A . (1990 to present) The Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities
Part II. Basis For Determining The Requirement To Correct Inaccessible Features
1. Violations: Architectural features that failed to meet the applicable state or federal regulations when they were originally constructed are required to be corrected. This applies to: a) Newly constructed facilities that were improperly built b) Alterations to existing facilities that were improperly built, with or without a permit. c) Path of Travel- Alterations in which an accessible path of travel was not properly provided to the altered area. Under California law since 1982, and under the ADA since 1990, the altered area was required to comply with disabled access standards in addition to another requirement that was also triggered, called path of travel. Path of travel requires that the route to the altered area must be made accessible, which includes parking when it is provided, as well as exterior routes, an entrance, interior routes as needed, the restrooms that serve the altered area, and drinking fountains and telephones that serve the altered area. When the cost of providing the path of travel is an unreasonable hardship, that is it exceeds 20% of the project's total cost, the access improvements can be limited to that which can be accomplished for that amount (i.e. 20% of the total cost). However, under California law, the path of travel improvements on large projects cannot be capped based on an unreasonable hardship. A large project is one where the cost exceeds an annually adjusted index, or where a series of projects over a three-year period cost more than that threshold.
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2. Architectural Barriers Under The ADA Since 1990, the Americans with Disabilities Act, at section 42 USC 12182 (b)(2)(A)(iv) has required that features that do not meet the standards for access (ADAAG), are barriers and must be corrected. This obligation applies to existing facilities regardless of the age of the building or whether any construction or alterations have been done, although special allowances may apply to truly historic buildings. The extent to which the obligation applies is limited to tasks that are "readily achievable". There is no formulaic definition of what meets the standard of "readily achievable". It is determined in part on the "overall financial resources" of the responsible parties. It is beyond the scope of this assignment to make such a determination at this time.
ADA Title III Sec.36.201 (b) Landlord and tenant responsibilities. Both the landlord who owns the building that houses a place of public accommodation and the tenant who owns or operates the place of public accommodation are public accommodations subject to the requirements of this part. As between the parties, allocation of responsibility for complying with the obligations of this part may be determined by lease or other contract. Under the ADA an access barrier is "readily achievable" if the removal is "easily accomplishable and able to be carried out without much difficulty or expense." Factors to be considered when determining whether removing a barrier is "readily achievable" are set out in the ADA §301 (9) [42 USC 12181], which states: (9) READILY ACHIEVABLE- The term `readily achievable' means easily accomplishable and able to be carried out without much difficulty or expense. In determining whether an action is readily achievable, factors to be considered include-(A) the nature and cost of the action needed under this Act; (B) the overall financial resources of the facility or facilities involved in the action; the number of persons employed at such facility; the effect on expenses and resources, or the impact otherwise of such action upon the operation of the facility; (C) the overall financial resources of the covered entity; the overall size of the business of a covered entity with respect to the number of its employees; the number, type, and location of its facilities; and (D) the type of operation or operations of the covered entity, including the composition, structure, and functions of the workforce of such entity; the geographic separateness, administrative or fiscal relationship of the facility or facilities in question to the covered entity.
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PART III: SUMMARY OF INACCESSIBLE CONDITIONS ACCESS TO THE PUBLIC ENTRANCE: Change of level: Entering the normal public entrance to the restaurant, from the sidewalk on El Camino Real, requires traveling up a 5-1/2" high step, and there is no available accessible alternative. Door Operation: Each leaf of the paired entry doors requires 11lb.s of force to open, where maximum 5lb. is allowed. Both doors also close faster than the minimum allowable 3 seconds. Door Design: Both doors provide only a 4-1/2" wide bottom rail, where a minimum 10" wide bottom panel is required for the footrest of a wheelchair to push against. SEATING: Knee Space: The small tables that seat 2 to 4 people are okay but the five large tables that seat 12 to 14 people provide only a 26" high space under the table, where a minimum of 27" is required for wheelchair users. ROUTE TO RESTROOM Door Hardware: On the door into the vestibule that is outside of the restrooms, round door knobs are provided where lever-style hardware or equivalent is required. MEN'S RESTROOM Signage: Signage that displays raised letters, Braille, and Geometric symbols is not provided as required. Entry Door Landing: A storage unit obstructs the required door landing, reducing it to only 48" deep where minimum 60" is required. Lavatory: The center of the fixture is mounted 14" from the adjacent sidewall, where minimum 18" of distance is required. Toilet Grab Bar: The side grab bar does not extend far enough. It is improperly installed so that its leading edge is only 50" from the wall behind the toilet, where minimum 54" is required. Lumber is also stored in such a way as to obstruct the space that is required between the grab bar and the wall that it is mounted on. Toilet Paper Dispenser: The unit is too far from the toilet. Its leading edge is 50" from the wall that is behind the toilet, where the maximum allowable distance is 36". Toilet Maneuvering Space: Cleaning supplies obstruct the space beside the toilet that is needed for safely transferring to the fixture from a wheelchair. This reduces the space to only 22" wide, where a minimum of 32" is required.
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WOMEN'S RESTROOM Signage: Required raised letter, Braille, and Geometric symbol are not provided. Entry Door Landing: A storage unit obstructs the required door landing, reducing it to only 48" deep where minimum 60" is required. Lavatory: The center of the fixture is mounted 14" from the adjacent sidewall, where minimum 18" of distance is required. Toilet Grab Bar: The side grab bar does not extend far enough. It is improperly installed so that its leading edge is only 50" from the wall behind the toilet, where minimum 54" is required. Lumber is also stored in such a way as to obstruct the required space between the grab bar and the wall that it is mounted on. Toilet Paper Dispenser: The unit is too far from the toilet. Its leading edge is 49-1/2" from the wall that is behind the toilet, where the maximum allowable distance is 36". Toilet Maneuvering Space: Cleaning supplies obstruct the space beside the toilet that is needed for safely transferring to the fixture. This reduces the space to only 22" wide, where a minimum of 32" is required. PARKING Signage: Enforcement signage is not posted, warning that unauthorized vehicles parked in the accessible spaces will be towed. Size of Space: Dumpsters are located so that the usable length of both the vehicle space and the adjacent access aisle are reduced to only 13-ft where minimum 18-ft is required. Slope of Space: Uplifted asphalt creates an extensive area that slopes 16% to 19%, where a maximum slope of 2% is allowable. ROUTE FROM PARKING LOT TO THE PUBLIC ENTRANCE There are two possible routes from the parking lot at the back of the restaurant to the public, front entrance on El Camino Real. Route A (385 feet long) requires traveling north down an alley to 22nd St., then turning east to El Camino and proceeding to the public entrance. This route contains the following inaccessible features: · Potholes in the alley · Abrupt change of level (3" high) where the alley meets the sidewalk of 22nd street. · Curb ramp at the corner of 22nd St. and El Camino Real is too steep; it slopes 11%, where maximum 8.3% is allowed. · A wall-mounted public telephone enclosure (no telephone inside) protrudes into the required clear width at base of curb ramp. Route B (510 feet long) requires traveling south down an alley to 23rd street, then turning east to El Camino and proceeding to the public entrance. This route contains the following inaccessible features: · The first 50 to 75 feet of the route contains abrupt changes of level along the deteriorated pavement of the alley.
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PART IV: DETAILED INVENTORY OF ARCHITECTURAL BARRIERS The following Inventory of Barriers lists the features that do not meet the regulatory standards for disabled access, as stated in the: CBC: CA Building Code (Title 24 Part 2 Volume 1) ADAAG: The Americans with Disabilities Act (Title III 28 CFR Part 36, Appendix A) ANSI A117.1 1961 The American National Standard Institute ADA: Title III of the Americans with Disabilities Act pertaining to places of public accommodation. The third column describes the enforceable requirement for a given feature while the fourth column lists the code section where that requirement can be found. LEGEND For efficiency purposes, this section employs the use of abbreviations as follows: ADAAG = Americans with Disabilities Act Accessibility Guidelines AFF = Above Finish Floor CBC = California Building Code CL = Centerline ISA = International Symbol of Accessibility POT = Path of Travel PROW = Public Right of Way Title 24/CBC = California Title 24 Accessibility Standards Referenced photos are numbered and located at the back of the report.
# 1.0 1.1 Barrier Description PARKING Signage: Enforcement signage is not posted, that warns that unauthorized vehicles parked in the accessible spaces will be towed Requirement Tow-Away signage must be installed at each entrance to the lot or visible from each parking space. Sign must be min. 17" x 22", with min. 1" tall letters, and state: "Accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed at _ _ _ _ or by telephoning _ _ _ _ _ _ " Blank spaces are to be filled in with appropriate information as a permanent part of the sign.
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Code Ref. CBC 1129B.5
Recommendation Post the required signage
Photo 1-1
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# 1.2
1.3
2.0 2.1
Barrier Description Requirement Code Ref. Recommendation Photo Size of Space: Dumpsters are located Minimum 18-ft is required. CBC 1129B.4(1) Relocate the dumpsters 1-2 so that the usable length of both the vehicle space and the adjacent access aisle are reduced to only 13-ft Slope of Space: Uplifted asphalt Parking spaces and access aisles shall ADAAG 4.6.3 Replace the uplifted area of 1-3a creates an extensive area that slopes be level, with surface slopes not asphalt to produce slopes no 1-3b 16% to 19%, exceeding 1:50 (2%) in all directions. greater than 2%. ROUTE FROM PARKING LOT TO THE PUBLIC ENTRANCE There are 2 available routes from the parking lot at the back of the restaurant to the public entrance that faces El Camino Real at the front of the restaurant Route A (385 feet long) requires ADAAG 4.3.2(1) At least one accessible Remove the barriers along either 2-1a nd traveling north down an alley to 22 route within the boundary of the site shall Route A or Route B, and post 2-1b St., then turning east to El Camino and be provided from - - - accessible parking, directional signage indicating 2-1c proceeding to the public entrance. This and accessible passenger loading zones, which direction provides the 2-1d route contains the following and public streets or sidewalks to the accessible path of travel. inaccessible features: accessible building entrance they serve _ _ _ _ _ _ _ _ _ _ _ (a and b) Changes in level up to 1/4 in a) Abrupt changes in level - Potholes in may be vertical and without edge ADAAG 4.5.2 the alley treatment; Changes in level between 1/4 in and 1/2 in must be beveled with a b) Abrupt change of level (3" high) slope no greater than 1:2; Changes in where the alley meets the sidewalk of level greater than 1/2 in must be nd 22 street. accomplished by means of an accessible ramp c) Curb ramp at the corner of 22 St. and El Camino Real is too steep; it slopes 11% d) A wall-mounted public telephone enclosure (no telephone inside) protrudes into the required clear width at the base of the curb ramp. Route B (510 feet long) requires rd traveling south down an alley to 23 street, then turning east to El Camino and proceeding to the public entrance. This route contains the following inaccessible features: a) The first 50 to 75 feet of the route contains abrupt changes of level along the deteriorated pavement of the alley
nd
c) Curb ramps may slope no steeper than 8.33% d) The minimum clear width of an accessible route must be 36 in except at doors (b) Changes in level between 1/4 inch and 1/2 inch must be beveled with a slope no greater than 1:2; Changes in level greater than 1/2 in must be accomplished by means of an accessible ramp
ADAAG 4.7.2
2.2
ADAAG 4.3.3 ADAAG 4.5.2
See Item 2.1 above
2-2a
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# 3.0 3.1
Barrier Description PUBLIC ENTRANCE Change of level: Entering the normal public entrance to the restaurant from the sidewalk on El Camino Real, requires traveling up a 5-1/2" high step and there is no available accessible alternative
Requirement Changes in level greater than 1/2 in must be accomplished by means of an accessible ramp
Code Ref. ADAAG 4.5.2
Recommendation
Perform Option A or B, however, if both of those options are proved to be legally or structurally infeasible, perform Option C. A) EXTERIOR RAMP: Install an exterior ramp as shown in Drawing A. The ramp would provide an accessible route up to the existing door landing from the public sidewalk; This solution would require a sidewalk encroachment permit from CA Dept. of Transportation (Caltrans) B) INTERIOR RAMP: If a sidewalk encroachment permit cannot be acquired, install an inclined walkway or a ramp on the interior of the building, as shown in Drawing B. This solution would require lowering the exterior door landing so that it is at the same level as the public sidewalk, and then, on the inside of the building, ramping up to the restaurant's floor level. Note: If the inclined portion of the interior route slopes less than 5% it would not be considered a ramp. The level areas at the top and bottom of the slope could be smaller than if the slope was greater than 5%, and handrails would not be required. C) RAMPED LANDING: If it can be demonstrated that neither A, nor B are feasible, install a non-conforming exterior ramp as shown in Drawing C. Such a ramp would begin at the sidewalk level and rise continuously all the way up to the entry doors. Such a ramp would not provide a level landing at the door as required by codes. Installing a poweroperated door opener would mitigate that deficiency
Photo 3-1
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# 3.2
Barrier Description Door Operation: 1) Each leaf of the paired entry doors requires 11lb.s of force to open. 2) Both doors also close faster than the minimum allowable 3 seconds.
Requirement 1) Maximum effort to operate exterior and interior doors may not exceed 5-lb. 2) Doors with closers may not close faster than 3 second from an open position of 70 degrees to a point 3-inch from the latch The bottom 10" of a door must be free of interruptions that can snag a wheelchair's footrest A minimum of 27" high knee space is required for wheelchair users *** Each dining, banquet and bar area shall have one wheelchair seating space for each 20 seats, with at least one minimum wheelchair seating space per functional area and shall comply with Section 1122B, "Fixed or Builtin Seating, Tables, and Counters Wheelchair seating shall be on an accessible route, have a surface that is 28" to 34" high, and provide accessible kneespace under the counter or tabletop, yielding: 30" min. width 27" min. height *** 19" min. depth
Code Ref. CBC 1133B.2.5 ADAAG 4.13.10
Recommendation Adjust or replace the door closers as needed to produce max. 5lb. door pressure and minimum 3-second closing time.
Photo No Photo
3.3
Door Design: Both doors provide only a 4-1/2" wide bottom rail. SEATING Knee Space: The small tables that seat 2 to 4 people are okay but the five large tables that seat 12 to 14 people provide only a 26" high space under the table
CBC 1133B.2
Install the commercially available retrofit device that extends the width of the door's bottom rail Raise the large tables a minimum of 1-inch (2" preferred).
3-3
4.0 4.1
4-1a 4-4b
CBC 1104B.5(4)
CBC 1122B
5.0 5.1
ROUTE TO RESTROOM Door Hardware: Round door knobs are provided n the door into the vestibule that is located outside of the restrooms,
Hardware must be operable with a single effort by levertype hardware, panic bars, or other hardware that does not require tight grasping, pinching or twisting of the wrist, nor more than 5lb. of force
ADAAG 4.13.9
Replace round doorknobs with lever hardware
5-1
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# 6.0 6.1
Barrier Description MEN'S RESTROOM Signage: Tactile signage and a geometric symbol are not displayed.
Requirement Signage that displays raised letters, Braille, and a 12" equilateral triangular symbol is required Tactile: Numbered rooms, restrooms, and exits must display tactile signage (i.e. Raised characters and Braille) on the wall beside the latching edge of the door, centered at 60" AFF Geometric: Doorways leading to men's sanitary facilities shall be identified by an equilateral triangle ¼" thick with edges 12" long and a vertex pointing upward Minimum 60" deep landing is required on the side toward which a door swings Lavatories, when located adjacent to a sidewall or partition, shall be a min. of 18" to the centerline of the fixture. 1) Side grab bar shall extend a min. of 54" from the rear wall
Code Ref.
Recommendation Install required signage
Photo 6-1
ADAAG 4.1.3(16)(a)
CBC 1115B.5
6.2
Entry Door Landing: A storage unit obstructs the required door landing, reducing its depth to only 48" Lavatory: The center of the fixture is mounted 14" from the adjacent sidewall Toilet Grab Bar: 1) The side grab bar does not extend far enough. It is improperly installed so that its leading edge is only 50" from the wall behind the toilet' 2) Lumber is also stored in such a way as to obstruct the space that is required between the grab bar and the wall that it is mounted on Toilet Paper Dispenser: The dispenser is too far from the toilet. Its leading edge is 49-1/2" from the wall that is behind the toilet. Toilet Maneuvering Space: Cleaning supplies obstruct the space beside the toilet that is needed for safely transferring to the fixture from a wheelchair. This reduces the usable space to only 22" wide
ADAAG 4.13.6
6.3 6.4
CBC 1115B.2.1.2.1 ADAAG Fig. 29
Remove 24" deep storage unit. Note: Shelving that is no deeper than 12" would not encroach into the required maneuvering space Relocate the lavatory laterally 4-inches Move the side grab bar 4-inch further from the rear wall, and remove the lumber that it stored there.
6-2
6-3a 6-3b 6-4
2) A space measuring exactly 1-1/2" wide is required between the grab bar and the wall. The leading edge of the toilet paper must be no further than 36" from the wall that is behind the toilet A minimum 32" wide space is required on one side of the toilet.
ADAAG 4.26.2
6.5
ADAAG Fig. 30
Move the dispenser 14" closer to the toilet. Remove the cleaning supplies and other movable objects that obstruct the required maneuvering space.
6-5
6.6
CBC Fig. 11B1A & 1B
6-6a
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# 7.0 7.1
Barrier Description WOMEN'S RESTROOM Signage: Tactile signage and a geometric symbol is not displayed.
Requirement Signage that displays raised letters, Braille, and a 12" equilateral triangular symbol is required Tactile: Numbered rooms, restrooms, and exits must display tactile signage (i.e. Raised characters and Braille) on the wall beside the latching edge of the door, centered at 60" AFF Geometric: Doorways leading to Women's sanitary facilities shall be identified by a circle, ¼" thick and 12" in diameter
Code Ref.
Recommendation Install required signage
Photo 7-1
ADAAG 4.1.3(16)(a)
CBC 1115B.5
7.2
Lavatory: The center of the fixture is mounted 14" from the adjacent sidewall Toilet Grab Bar: The side grab bar does not extend far enough. It is improperly installed so that its leading edge is only 50" from the wall behind the toilet, where minimum 54" is required. Toilet Paper Dispenser: The dispenser is too far from the toilet. Its leading edge is 49-1/2" from the wall that is behind the toilet. Toilet Maneuvering Space: Cleaning supplies obstruct the space beside the toilet that is needed for safely transferring to the fixture. This reduces the usable space to only 23" wide
Lavatories, when located adjacent to a sidewall or partition, shall be a min. of 18" to the centerline of the fixture. The leading edge of the side grab bar must be a minimum of 54" from the wall that is behind the toilet.
CBC 1115B.2.1.2.1 ADAAG Fig. 29 & 30
Relocate the lavatory laterally 4-inches Move the side grab bar 4-inch further from the rear wall
7-2
7.3
7-3
7.4
The leading edge of the toilet paper must be no further than 36" from the wall that is behind the toilet A minimum 32" wide space is required on one side of the toilet.
ADAAG Fig. 30
Move the dispenser 14" closer to the toilet.
7-4
7.5
CBC Fig. 11B1A & 1B
Remove the vacuum cleaner and other movable objects that obstruct the required maneuvering space.
7-5
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PART V: RECOMMENDATIONS
PARKING 1.1 Post the required signage that warns that unauthorized vehicles parked in the accessible spaces will be towed 1.2 1.3 Relocate the dumpsters so that they do not encroach into the accessible parking area Replace the uplifted area of asphalt in the accessible parking area in order to produce slopes no greater than 2%.
ROUTE FROM PARKING nd rd 2.1 + 2.2 Remove the barriers along either Route A, which uses 22 St, or Route B, which uses 23 St., and post signage that indicates which direction provides the accessible path of travel. Route A: · Potholes in alley nd · Abrupt change of level (3" high) where the alley meets the sidewalk of 22 street. nd · Steep curb ramp at 22 St. and El Camino nd · Protruding telephone enclosure at 22 and El Camino Route B · Abrupt changes in level along the deteriorated pavement of the alley PUBLIC ENTRANCE 3.1 Perform Option A or B, however, if both of those options are proved to be legally or structurally infeasible, perform Option C. A) Within the public sidewalk, install an exterior ramp that rises to the existing raised door landing (See Drawing A). B) Install an inclined walkway or a ramp on the interior of the building, by lowering the exterior door landing so that it is at the same level as the public sidewalk, and then, on the inside of the building, ramp up to the restaurant's floor level. (See Drawing B) C) Install a non-conforming exterior ramp that begins at the sidewalk level and rises continuously, all the way up to the entry doors. Such a ramp would not conform to the requirements for a level landing at the door. Installing a power-operated door opener would mitigate that deficiency (See Drawing C). 3.2 3.3 Adjust or replace the closers on the doors to the front entrance, as needed to produce max. 5lb. door pressure and minimum 3-second closing time. Install the commercially available retrofit device that extends the height of the door's bottom rail
SEATING 4.1 Raise the large tables that seat 10 to 12 people, so that the space under the tables is at least 27" high ROUTE TO RESTROOM 5.1 On the door that is between the dining room and the restroom vestibule, replace the round doorknobs with lever hardware
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MEN'S RESTROOM 6.1 6.2 6.3 6.4 6.5 6.6 Install required Tactile, Braille, and Geometric signage Remove 24" deep storage unit from within the vestibule that is outside of the restroom. It may be replaces with one that is maximum 12" deep. Move the lavatory laterally, a distance of 4-inches, in the direction away from the entry door. Move the side grab bar 4-inch further from the rear wall so that it extends 24-in beyond the leading edge of the toilet, and remove the lumber that is stored there and obstructs using the grab bar. Move the toilet paper dispenser 14" closer to the toilet. Remove the cleaning supplies and other movable objects that obstruct the required maneuvering space.
WOMEN'S RESTROOM 7.1 7.2 7.3 7.4 7.5 Install required Tactile, Braille, and Geometric signage Move the lavatory laterally, a distance of 4-inches in the direction away from the entry door. Move the side grab bar 4-inch further from the rear wall so that it extends 24-in beyond the leading edge of the toilet. Move the toilet paper dispenser 14" closer to the toilet. Remove the vacuum cleaner and other movable objects that obstruct the required maneuvering space.
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