I'm in the midst of opening a Sandwich Restaurant in Newport Beach. I am having some trouble with the city in regards to CPC section 412.3 it reads
412.3 Separate Facilities.
Separate toilet facilities shall be provided for each sex.
2.In occupancies serving ten (10) or fewer people, one (1) toilet facility, designed for use by no more than one (1) person at a time, shall be permitted for use by both sexes.
3.In business and mercantile occupancies with a total floor area of fifteen-hundred (1,500) square feet (139.4 m2) or less, one (1) toilet facility, designed for use by no more than one (1) person at a time, shall satisfy the requirements for serving customers and employees of both sexes.
So also in table 4.1 it reads that I need to have 1 toilet for men and one urinal in the mens room. And then it reads that for each urinal and toilet in the mens room, I need equal # of toilets in the womens room.
So my problem is, I luckily got a smoking deal on my lease and ended up with a 2 story building. However my total sq ft of the business is 2900. With 1450 sq ft downstairs for the restaurant, upstairs in only storage. My totally occupancy for both stories is 48. Downstairs I also only have 520 sq ft of public area. The city is calling for 4 stalls, 2 in mens, 2 in womens, and this seem excessive for a place with only 520 sq ft of public area. If I only used the downstairs then I would only be required to have one, unisex ADA bathroom. I feel as if i'm being fair by having two ADA bathrooms, one for men, one for women.
In the 2013 CPC it states that if you have under 50 person occupancy then you do not need a urinal in the mens room, and therefor only need one toilet in the womens room. The 2010 code is clearly not written right or else it would not have gotten revised.
Has anyone ran into this problem? If so how did you get out of it?