Item 21 Staff Report Adopt Resolution Amending Current Residential Accessibility Standards to More Closely Conform to State Housing and Community Development Standards - (Continued from April 4, 1994)TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: April 8, 1994
TO: MAYOR AND TOWCOUNCI
FROM: TOWN MANAGER
SUBJECT:
SRB:ms
N:\B&E\SCOTT\ACCESS.TCR
COUNCIL AGENDA
DATE: 4/18/94
ITEM NO.
432
ADOPT RESOLUTION AMENDING CURRENT RESIDENTIAL ACCESSIBILITY
STANDARDS TO MORE CLOSELY CONFORM TO STATE HOUSING AND
COMMUNITY DEVELOPMENT STANDARDS - (CONTINUED FROM APRIL 4, 1994)
RECOMMENDATION:
Adopt Resolution amending current residential accessibility standards Resolution 1991-69 -
(Attachment 1).
BACKGROUND:
The Council requested that this item be continued to the Council meeting of April 18, 1994 to allow for public
comments. To the best of our knowledge, the Town of Los Gatos is the only jurisdiction in California to
require access features above and beyond state code requirements for newly constructed one and two
family residential construction. The Development Streamlining Committee (DSC) evaluated the current
standards for both one and two family residential and condominiums. The DSC recommended that all Town
access standards that exceed Americans With Disabilities Act (ADA) & State of California Title 24 standards
be eliminated. At the Council workshop, staff was directed to return to Council with proposed revisions to
the access standards which kept adaptability features for the primary entrance and backing for tub\showers.
DISCUSSION:
The State & Federal standards regulate commercial/retail, apartments and hotel uses, which provide a good
measure of access for the person with disabilities. It is not feasible to anticipate every type of disability and
provide access in every situation. The best of standards will hopefully accommodate a significant proportion
of persons with disabilities.
Historically, the purpose for residential access standards is to provide acceptable levels of "access and
adaptability." Access features would provide immediate usability for persons with disabilities. Adaptability
features may not provide immediate access however only minor modifications are usually required to make
an adaptable feature fully accessible.
A brief explanation of current and proposed standards (attached) will follow.
PREPARED BY: SCOTT R. BAKER
Director of Building and Engineering Services
File #
Attachments: See Page 2 for List of Attachments
Distribution: Development Review Streamlining Committee
Jim Lewis, 156 Vista Del Monte, Los Gatos, CA 95032
4/8/94 9:05 am
Reviewed by: Attorney Clerk Finance Treasurer
COUNCIL ACTION/ACTION DIRECTED TO:
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPT RESOLUTION AMENDING CURRENT RESIDENTIAL ACCESSIBILITY STANDARDS
April 8, 1994
DISCUSSION: (cont.)
Apartment and Hotel Standards - Staff is not recommending any changes. Four or fewer apartments are
exempt from State standards. This section requires the one and two family residential standards when the
State exemption applies.
One and Two Family Residential - Staff is recommending changes which would preserve adaptability of
primary entrance and backing in tub\shower locations. Item 5 entry door standards and has created many
problems as currently written due mostly to threshold requirements. The staff recommendations would keep
the physical width, landing and clearance dimensions for the primary entrance. The person with disabilities
could pass through the opening but may need assistance opening the door and negotiating the threshold.
At this time very few residential door assemblies comply with the threshold standards for accessibility. To
meet the Town standards contractors have been required to build little ramps or other make -shift devices
to comply.
Item 7 requires a one bathroom on the accessible floor to meet the dimension requirements for accessibility.
The literal interpretation is that a bathroom must be installed on this floor whether desired or not. Staff
recommends for elimination of this provision.
Condominiums and Townhouses - Before July 1993 condominiums were excluded from State access
requirements. Condominiums are now defined as in the same category as apartments. Staff recommends
for elimination of the entire section as redundant and conflicting with State provisions.
ENVIRONMENTAL ASSESSMENT:
None
CONCLUSION:
The recommended action will remove burdensome development requirements yet retain the most important
element of adaptability.
FISCAL IMPACT:
None
ATTACHMENTS:
1. Resolution - Exhibit A
2. Markup Copy Current Resolution
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AMENDING CURRENT RESIDENTIAL
ACCESSIBILITY STANDARDS TO
MORE CLOSELY CONFORM TO STATE
HOUSING AND COMMUNITY
DEVELOPMENT STANDARDS
WHEREAS, State standards have become more inclusive, and
WHEREAS, the Town Council supports features which enhance adaptability, and
WHEREAS, the Town Council is desirous of more closely conforming to State
standards for persons with disabilities, and
BE IT RESOLVED, by the Town Council of the Town of Los Gatos, County of
Santa Clara, State of California, that the Council does approve "Residential Accessibility
Standards for the Town of Los Gatos" attached as Exhibit A.
BE IT FURTHER RESOLVED, that Resolution No. 1991-69 is hereby superseded
as repealed.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 18th day of April, 1994, by the following vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
N:\B&E\SCOTT\ACCESS.TCR
ATTACHMENT 1
RESOLUTION OF THE TOWN COUNCIL
RESIDENTIAL ACCESSIBILITY STANDARDS
OF THE TOWN OF LOS GATOS
NEW APARTMENTS AND HOTELS:
Apartments and hotels are currently covered by the California Department of Housing and
Community Development (HCD) and Office of the State Architect (OSA) standards
(contained in Title 24, California Code of Regulations) which generally meet the Town's
need for accessibility/adaptability. Two additional provisions are added for apartments:
1. Units exempt under HCD regulations shall meet the current requirements for one
and two family residential accessibility/adaptability.
2. Placement of parking or other structures which elevate the finished floor height
will not necessarily exempt accessibility standards.
NEW ONE AND TWO FAMILY RESIDENTIAL:
All new units shall comply with the following requirements:
1. Wooden backing (2 x 8 minimum) shall be provided in all bathroom walls at water
closet, shower and bathtub, located at 34 inches from the floor to the center of the backing,
suitable for the addition of grab bars.
2. All passage doors shall be at least 32-inches wide on accessible floor.*
3. Primary entrance shall have a 36-inch wide door including, a 5-foot by 5-foot level
landing, 18-inch clearance at interior strike edge;.
4. Door buzzer, bell or chime shall be "hard" wired.
EXCEPTION: The Director of Building Services may grant an exception to
any portion of these regulations if the following findings are made:
1. The accessibility requirements would create unreasonable hardship due to
specific topographic or other physical limitations; and
2. Equivalent facilitation is provided
NOTE: Replacement structures due to catastrophic loss shall not be considered as
newly developed (and exempt) provided that the Planning Director and Director of
Building Services finds that the replacement structure(s) are substantially similar to
the original structures.
EXHIBIT A
EXEMPTION: When physical constraints will not allow compliance with these
regulations, and/or equivalent facilitation without creating an unreasonable hardship,
an exemption may be allowed through approval by an appeals process.
*Accessible floor is defined as the floor level nearest to natural grade as determined
by the Director of Building Services.
MARKUP COPY OF EXISTING RESOLUTION
(STRIKE OUT IS TO BE REMOVED -
SHADED AREAS ARE TO BE ADDED)
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AMENDING CURRENT RESIDENTIAL
ACCESSIBILITY STANDARDS TO
MORE CLOSELY CONFORM TO STATE
HOUSING AND COMMUNITY
DEVELOPMENT STANDARDS
NEW APARTMENTS AND HOTELS:
Apartments and hotels are currently covered by the California Department of Housing and
Community Development (HCD) and Office of the State Architect (OSA) standards
(contained in Title 24, California Code of Regulations) which generally meet the Town's
need for accessibility/adaptability. Two additional provisions are added for apartments:
1. Units exempt under HCD regulations shall meet the current requirements for one and
two family residential accessibility/adaptability.
2. Placement of parking or other structures which elevate the finished floor height will not
necessarily exempt accessibility standards.
NEW ONE AND TWO FAMILY RESIDENTIAL:
All new units shall comply with the following requirements:
from the floor to the cent -et of ,
lowei t ii 14 niches frum floor to center of outlet.
21. Wooden backing (2 x 8 minimum) shall be provided in all bathroom walls at water
closet, shower and bathtub, located at 34 inches from the floor to the center of the backing,
suitable for the addition of grab bars.
grasping, pinching or twisting of the wrist. The oft, rcquitivat—��rrtrrri��hdll be
aic—cAaHip ies or acceptance aesig,5—;separate tiOt arots—aracctptai,le
42. All passage doors shall be at least 32-inches wide on accessible floor.*
53.. Primary entrance shall have a 36-inch wide door including, a 5-foot by 5-foot level
landing, 18-inch clearance at interior strike edge,, and the threshold shall be no-hi-gher dial/
one uicn w>tn i:.s minimum never (as spee.nea >n i it v stanoards). L;xi,rsare essing
landing adjacent to the slitting glass dams shall bG flush with the bottonr-of the threshold
of that door and that the tl„eshl shall be Ho highei than one and ui,e half inches; (b)
garage doors arc totally exempt.
ATTACHMENT 2
64. Door buzzer, bell or chime shall be "hard" wired.
At least-uire-tlatliruoiii tfavatury sink and water closet minimum ) shall be pruvidcd of
aeeessilrle f uor*, a 30" x 48" clear space (30-inch dimension perpendicular to tub) shall be
provided.
townhouses in deveivpin ents, havingfive f5-j orrnore dwelling units un a building site shall
g
t n,vrae a
level units).
owing :
: st SU percmrt of the ttrtal nu -in -in r of units with arg
,en, bat1rrrnrrrr, azrd s ..
Rounding down -is -acceptable for calculations of applicable units for t
ferover un' ,
g u1 accordangulatrons tar arm tim.
g
nL 111iGuZ11
(a) Conforming path of travel to living units from parking aromas.
,
f
ess to cc
mail, and laundry areas, etc.
�nY/common area, trasn,
EXCEPTION: The Director of Building Services may grant an exception to any
portion of these regulations if the following findings are made:
1. The acees5ibihty7'handicap requirements would create unreasonable hardship due
to specific topographic or other physical limitations; and
2. Equivalent facilitation is provided
NOTE: Replacement structures due to catastrophic loss shall not be considered as
newly developed (and exempt) provided that the Planning Director and Director of
Building Services finds that the replacement structure(s) are substantially similar to the
original structures.
EXEMPTION: When physical constraints will not allow compliance with these
regulations, and/or equivalent facilitation without creating an unreasonable hardship,
an exemption may be allowed through approval by an appeals process.
EXEMPTION: When physical constraints will not allow compliance with these
regulations, and/or equivalent facilitation without creating an unreasonable hardship,
an exemption may be allowed through approval by an appeals process.
*Accessible floor is defined as the floor level nearest to natural grade as determined
by the Director of Building Services.
RESOLUTION 1994-61
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AMENDING CURRENT RESIDENTIAL
ACCESSIBILITY STANDARDS TO
MORE CLOSELY CONFORM TO STATE
HOUSING AND COMMUNITY
DEVELOPMENT STANDARDS
WHEREAS, State standards have become more inclusive, and
WHEREAS, the Town Council supports features which enhance adaptability, and
WHEREAS, the Town Council is desirous of more closely conforming to State
standards for persons with disabilities, and
BE IT RESOLVED, by the Town Council of the Town of Los Gatos, County of
Santa Clara, State of California, that the Council does approve "Residential Accessibility
Standards for the Town of Los Gatos" attached as Exhibit A.
BE IT FURTHER RESOLVED, that Resolution No. 1991-69 is hereby superseded
as repealed.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 18th day of April, 1994, by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin
Mayor Randy Attaway.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: /s/ Randy Attaway
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
RESOLUTION OF THE TOWN COUNCIL
RESIDENTIAL ACCESSIBILITY STANDARDS
OF THE TOWN OF LOS GATOS
NEW APARTMENTS AND HOTELS:
Apartments and hotels are currently covered by the California Department of Housing and
Community Development (HCD) and Office of the State Architect (OSA) standards
(contained in Title 24, California Code of Regulations) which generally meet the Town's
need for accessibility/adaptability. Two additional provisions are added for apartments:
1. Units exempt under HCD regulations shall meet the current requirements for one
and two family residential accessibility/adaptability.
2. Placement of parking or other structures which elevate the finished floor height
will not necessarily exempt accessibility standards.
NEW ONE AND TWO FAMILY RESIDENTIAL:
All new units shall comply with the following requirements:
1. Wooden backing (2 x 8 minimum) shall be provided in all bathroom walls at water
closet, shower and bathtub, located at 34 inches from the floor to the center of the backing,
suitable for the addition of grab bars.
2. All passage doors shall be at least 32-inches wide on accessible floor.*
3. Primary entrance shall have a 36-inch wide door including, a 5-foot by 5-foot level
landing no more than 1-inch out of plane with the immediate interior floor level, with an
18-inch clearance at interior strike edge.
4. Door buzzer, bell or chime shall be "hard" wired.
EXCEPTION: The Director of Building Services may grant an exception to
any portion of these regulations if the following findings are made:
1. The accessibility requirements would create unreasonable hardship due to
specific topographic or other physical limitations; and
2. Equivalent facilitation is provided
NOTE: Replacement structures due to catastrophic loss shall not be considered as
newly developed (and exempt) provided that the Planning Director and Director of
Building Services finds that the replacement structure(s) are substantially similar to
the original structures.
EXHIBIT A
INTERNAL TRACKING
COMPLETE AND INITIAL EACH S'i r..P
ACTION
AGENDA ITEM:
RESOLUTION/ORDINANCE NUMBER: DESCRIPTION:
DATE
Bi
LIST IN BOOK
V1'
1 (20,...„..,..,/,' 47 r�i
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ON DISC? MARIAN'S FORM SENT TO DEPT.
Slirouj2-"
PUBLISH IF REQUIRED - Indicate
ORDINANCES ONLY Publication.
date of
WHEN SIGNATURE AND /s/ COPY (1 EACH) returned,
LIST ON SIGNATURE TRACKING & SEND TO MAYOR
l� 1q
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SEND COPIES TO DEPT. DISTRIBUTION LIST
Dist. Report Date: NO.of COPIES: 1
",;'
TYPE ENVELOPES AND MAIL
SIGN BY CLERK/SEAL
/1 i/
ENTER INTO ECM ORDINANCE/RESOLUTION FILE
PUT OUR s COPYIN
/ / BASKET.
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FILE IN VAULT
SEND FOR
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CODIFICATION IF ORDINANCE !
April 18, 1994
Los Gatos, California
HEARINGS CONTINUED
PARKING FACILITIES CONT.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council make the Negative
Declaration and find that the proposed amendment in the order of Parking Lots 2, 1, 13, 8, 11
& 12 is internally consistent with the Downtown Specific Plan, General Plan and Downtown
Redevelopment Plan and that Council adopt Resolution 1994-60 entitled, RESOLUTION OF
THE TOWN OF LOS GATOS ADOPTING AMENDMENTS TO THE DOWNTOWN SPECIFIC
PLAN TO ESTABLISH A PRIORITY FOR CONSTRUCTION OF FUTURE PARKING
FACILITIES IN THE DOWNTOWN AREA, with the following priority for construction: Lots
2, 1, 13, 8, 11/12. Carried unanimously.
HILLBROOK BENEFIT ZONE/LANDSCAPE & LIGHTING DISTRICT #1/HEARING (20.04)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
creation and annexation of Hillbrook Benefit Zone to Landscape & Lighting District # 1.
The following people from the audience spoke to this issue:
Everett Eiselen, 112 Hillbrook Drive, spoke in favor of the organization as proposed.
Charles Steele, 141 Fairmead Lane, spoke regarding the liability issue asking that homeowners
liability be limited to the maintenance of the park and he felt that this was an unfair assessment.
No one else from the audience addressed this issue.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council close the public hearing and
announce the second public hearing on creation and annexation of Hillbrook Benefit Zone to
Landscaping & Lighting District # 1 will be held on May 2, 1994, and that the ordinance to be
adopted at that time reflect the appropriate language addressing the homeowners' liability.
Carried unanimously.
ACCESSIBILITY STANDARDS/CONFORM TO STATE HOUSING/RESOLUTION 1994-61 (21.19)
Jim Lewis, 156 Vista Del Monte, addressed several issues in the report that had been agreed
upon in committee and asked that the changes not be made tonight until there is an opportunity
for further input from the disabled community.
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-61
entitled, RESOLUTION OF THE TOWN OF. LOS GATOS AMENDING CURRENT
RESIDENTIAL ACCESSIBILITY STANDARDS TO MORE CLOSELY CONFORM TO STATE
HOUSING AND COMMUNITY DEVELOPMENT STANDARD& with the following change:
Item 3; Exhibit A; Accessibility Standards; to read, "Primary entrance shall have a 36-inch wide
door including a 5-foot by 5-foot level landing no more than 1" out of plane with the immediate
interior floor level, 18-inch clearance at interior strike edge. Carried unanimously.
NONPOINT SOURCE/STORM WATER MANAGEMENT/ASSESSMENTS (22.37)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the proposed 1994-
95 Storm Water Management Program (Nonpoint Source) proposed budget and assessment fee
increase. Carried unanimously.
TC: D6: MM041894 5