Item 16 Staff Report Adopt Resolution Amending Current Residential Accessibility Standards to More Closely Conform to State Housing and Community Development Standards@3
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: March 29, 1994
TO: MAYOR AND TOWN COUNCIL
FROM: TOWN MANAGER
SUBJECT:
COUNCIL AGENDA
DATE: 4/4/94
ITEM NO.
ADOPT RESOLUTION AMENDING CURRENT RESIDENTIAL ACCESSIBILITY
STANDARDS TO MORE CLOSELY CONFORM TO STATE HOUSING AND
COMMUNITY DEVELOPMENT STANDARDS
RECOMMENDATION:
Adopt Resolution amending current residential accessibility standards Resolution 1991-69 -
(Attachment 1).
BACKGROUND:
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
SRB:ms 3/29/94 3:43 pm
N:\B&E\SCOTT\ACCESS.TCR
File #
Attachments: See Page 2 for List of Attachments
Distribution: Development Review Streamlining Committee
Jim Lewis, 156 Vista Del Monte, Los Gatos, CA 95032
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
March 29, 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 4th 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: \Ii&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:
1. Lrgl1t aw1k1Inn ailfflfustat tu1It1 oh zIc[IHJC iiruuiitt fC.
lower than 14 inches from 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.
at c—examples of- a tettable designs. Separate hot and cold controls arc acck.,ptabh,
providing they require a minimal amount of g, asping to operate.
4. All passage doors shall be at least 32-inches wide on accessible floor.*
5. 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,
one inch with 1:3 minimum bevel- sln� ified in IICD staIdards). I✓xit doors accessing
criteria, except (a) the required
ATTACHMENT 2
64. Door buzzer, bell or chime shall be "hard" wired.
e provided on
the accessible floor with space requirements for accessibility (36" x 4 char space foj
waterclvstt, 30" x 48" blear spac for lavatory sink). If a bathtub is iostallc�l un the
accessible floor`, a 30" x 48" clear space (30-inch dimension perpcndicular to tub) shall be
provided.
and two fcunily rt,sidential; dTrd in attit• ,
. Provide at least 50 perceut of the total numl/er of units .vi
ssi
iirciits ul a llvn,g
oor* (a
pt
levet mntsj l<oundiag dtnvn-rs rcceptar calculations of applIcat,lc units for twenty of
fewer ,
Provide tl,c following i,regu
itle 24, California Co
a)
of Keg
apartments colt ained 11r
for-aceess-to-conimatrztrutdoor -or ,
mail, and laundry areas, etc.
EXCEPTION: The Director of Building Services may grant an exception to any
portion of these regulations if the following findings are made:
1. The sSib ltty 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.
INTERNAL TRACKING
COMPLETE AND INITIAL EACH STEP
ACTION J
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DESCRIPTION:
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BY
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AGENDA ITEM: 1 D �'
RESOLUTION/ORDINANCE NUMBER:
DATE
LIST IN BOOK I) JO/OA
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fri/if
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ON DISC? MARIAN'S FORM SENT TO DEPT.
PUBLISH IF REQUIRED - Indicate date
ORDINANCES ONLY Publication.
of
WHEN SIGNATURE AND /s/ COPY (1 EACH) returned,
LIST ON SIGNATURE TRACKING & SEND TO MAYOR
SEND COPIES TO DEPT. DISTRIBUTION
Dist. Report Date: NO.of
COPIES:
LIST
TYPE ENVELOPES AND MAIL
SIGN BY CLERK/SEAL
ENTER INTO ECM ORDINANCE/RESOLUTION FILE
PUT OUR /s/ COPY IN BASKET.
FILE IN VAULT
SEND FOR CODIFICATION
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IF ORDINANCE !
April 4, 1994
Los Gatos, California
COUNCIL COMMITTEE REPORTS CONT
Mayor Attaway reported on the World Cup Event, and the Brazilian Host Committee. There
is now a concerted effort to organize everyone's efforts in having a pleasant and welcoming
Town. Singers, dancers and actors will come to Los Gatos under a host center. The Town must
maintain control of the events. The Mayor will be spending a week in Rio meeting with officials,
the Mayor and the President of the Brazilian Soccer Federation. He is paying his own fare and
expenses.
SMOKING REGULATIONS/RESOLUTION 1994-58 (12.42)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1994-58
entitled, RESOLUTION OF THE TOWN OF LOS GATOS OPPOSING STATE LEGISLATION
THAT WOULD PREEMPT LOCAL AUTHORITY TO REGULATE SMOKING IN PUBLIC
PLACES. Carried unanimously.
ACCESSIBILITY STANDARDS/HOUSING-COMMUNITY DEVELOPMENT STANDARDS (16.23)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, to continue this item to April 18, 1994.
Carried unanimously.
AIR QUALITY MANAGEMENT/ITEM 13 CONTINUED (13.07)
Mrs. Benjamin brought up the issue of the Lark -Winchester site being used as a fueling station
and maintenance yard. This issue will be placed on the April 18, 1994 agenda for Council
discussion.
ADJOURNMENT
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that this evening's meeting be adjourned
at 10:28 p.m. Carried unanimously.
A I I'EST:
Marian V. Cosgrove
Town Clerk