1 q CITY CLERK. Design

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1 CITY CLERK File D Q 110tJ AGENDA STATEMENT CITY COUNCIL MEETING DATE October SUBJECT Universal Design Ordinance 1 Report prepared by Gregory Shreeve Building OfficialY ATTACHMENTS 1 Universal Design Ordinance RECOMMENDATI FINANCIAL 1 2 Waive reading and adopt Ordinance requiring Universal Design An Ordinance on Universal Design will have a financial impact on the City due to the increased Staff time required to plan check permit and inspect the dwellings This impact will be offset when the City s valuation table in the City s Fee Schedule is amended to achieve cost recovery of plan check permit and inspection costs PROJECT DESCRIPTION Background The City of Dublin adopted the Housing Element of the General Plan in 2003 The Housing Element was certified by the State Department of Housing and Community Development and contains a number of policies aimed at promoting equal housing opportunities for Dublin residents Program E2 1 of the Housing Element states that the City will evaluate the feasibility of a Universal Design Ordinance that provides for greater adaptability and accessibility of housing for persons with disabilities Universal Design is defined as the design of products and residential environments to be usable by all people to the greatest extent possible without the need for adaptation or specialized modifications with disabilities Universal Design benefits persons of all ages and abilities including seniors and persons The concept behind universal design is that if desired anew residence can be built with certain design features that will make living in that home easier for someone with limited mobility strength or functionality Such features include door handles that are easier to grasp doorways that are wider and easier to navigate through electrical outlets that are located on higher the wall and easier to reach and grab bars in baths and showers to provide stability and support The guiding principles behind Universal Design are that the features should be useful to people with diverse abilities easy to understand and utilize require limited physical effort and provide appropriate space and size regardless ofthe user s body size posture or mobility COPY TO Development Meeting Attendees Page 1 of2 G IAgendas 2007 Universal Design CCSR Universal Design Ordinance ndDOC C ITEM NO 1 q

2 In an effort to implement this program of the Housing Element the City Council listed as a high priority goal in the Goals and Objectives the preparation of a Universal Design Ordinance for adoption as an amendment to the California Building Code requirements Proposed Universal Design Ordinance The proposed Universal Design Ordinance requires projects in excess of 20 residential dwelling units including duplex and triplex units to meet the Universal Design Requirements that certain base universal design features be installed and mandates that other universal design offered The mandatory to install items are as follows An accessible doorbell must be installed for an installed accessible entrance The Ordinance mandates features be Grab bar reinforcements must be installed in powder rooms or bathrooms located on the primary entry level Faucets and handles not requiring tight grasping pinching or twisting installed in powder rooms or bathrooms located on the primary entry level Sink controls not requiring tight grasping pinching or twisting kitchen is located on the primary entry level Hand activated door hardware not requiring tight grasping pinching or twisting Rocker light switches and controls or light switches and controls meeting CBC chapter lla of the wrist must be ofthe wrist must installed when a ofthe wrist ANSI A117 1 or the Receptacle outlets lighting controls and environmental controls throughout the dwelling unit must comply with CBC Chapter 11A or applicable provisions ofthe California Electrical Code With regard to the mandatory to offer items homebuyers would have the ability to purchase as an option from the developer builder those items This Ordinance will apply to 100 of the units in residential development projects residential dwelling units in excess of 20 City CouncilAction ofseptember On September the City Council introduced the Universal Design Ordinance requiring proj ects in excess of 20 single family dwelling units including duplex and triplex units to meet certain Universal Design Requirements This Ordinance will apply to 100 ofthe units in those projects The Ordinance mandates that certain base universal design features be installed and mandates that other universal design features be offered With regard to the mandatory to offer items homebuyers wouldhave the ability to purchase those items as an option from the developer builder In addition the Ordinance has an opt out clause The opt out clause permits the buyer ofaunit to forgo any or all ofthe mandatory installation features RECOMMENDATION Staff recommends that the City Council 1 Waive reading and adopt Ordinance requiring Universal Design Page 2 of2

3 db V ORDINANCE NO XX 07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADDING CHAPTER 7 90 TO THE DUBLIN MUNICIPAL CODE RELATING TO UNIVERSAL DESIGN The City Council of the City of Dublin does hereby ordain as follows Section 1 Addition ofchapter 7 90 Chapter 7 90 is hereby added to the Dublin Municipal Code to read as follows CHAPTER 7 90 UNIVERSAL DESIGN Purpose A The purpose ofthe design guidelines established by this chapter is to enhance the full life cycle housing without regard to the physical abilities or disabilities ofa home s occupants or guests accommodate awide range ofindividual preferences or physical abilities use of in order to B The promotion and preservation ofthe public health safety and general welfare ofthe people ofthe City and the property situated therein have made necessary the adoption of auniversal Design Standard for dwellings in order to adequately safeguard life health property and general welfare class or C The purpose ofthis chapter is not to create or otherwise establish or designate any particular groups of persons who will or should be especially protected or benefited by the terms ofthis chapter Findings A Pursuant to Health and Safety Code section the City Council ofthe City ofdublin hereby finds that the provisions ofthis Chapter are reasonably necessary because according to the City s Certified Housing Element approximately 13 percent ofthe City s non institutionalized residents have physical conditions that affect their abilities tolive independently in conventional residential settings Individuals with mobility difficulties may require special accommodations to their homes to allow for continued independent living B The City Council ofthe City ofdublin hereby finds that the provisions ofthis Chapter are reasonably to enhance the full life cycle use of housing without regard to the physical abilities or disabilities ofa home s occupants or guest in order to accommodate awide range ofindividual preferences and functional abilities C Pursuant to Health and Safety Code section the City Council ofthe City of Dublin hereby finds that the provisions ofthis Chapter are substantially the same as the Model Universal Design Local Ordinance adopted by the Department of Housing and Community Development Page 1 of 10 I Q D7 if i rvtu1

4 J 1f to Definitions For the purpose ofthis Chapter the following terms shall have the following definitions Accessible Consistent with or as defined by the California Building Code Chapter11A ANSI A1l7 1 The most current version ofthe Standard on Accessible and Usable Buildings and Facilities commonly known as ICC ANSI AI17 1 published by the International Code Council and American National Standards Institute Inc Bathroom A room containing a water closet toilet lavatory sink combination bathtub shower or both ashower and bathtub which the fixtures are distributed among interconnected rooms and either a shower bathtub It includes acompartmented bathroom in CBC Chapter lla Chapter 11A ofthe California Building Code located in Part 2 Title 24 California Code ofregulations or its successor provisions Common Use Room A room commonly used by residents or guests to congregate Condominium As defined by the California Building Code Custom built home A single family detached dwelling that is built to the owner s specifications part of amaster plan check and not Dwelling Unit As defined by the California Building Code Owner Occupied Any residential dwelling unit not intended at the time of application for the building permit to be occupied as a rental dwelling Powder Room A room containing a water closet toilet and lavatory sink but no bathtub or shower It includes a compartmented powder room in which the fixtures are distributed among interconnected rooms Primary Entry The principal entrance used to enter a building or residential unit as designated by the Building Official for purposes of compliance with this chapter Rental Any residential dwelling unit not intended at the time of application for a building permit tobe occupied by the owner Single Family Residential Dwelling Consistent with or as defined by the California Building Code Substantial Rehabilitation The reconstruction ofthe primary entry hallway or one bathroom or powder room on the route from the primary entry when that reconstruction is required to be consistent with the most current version ofthe California Building Standards Code Visit able Residential Dwelling A residential unit subject to the requirements ofthis chapter by virtue of being within the scope ofthis a chapter defined in section Page 2 of 10

5 ofj Scope and Application A Unit Coverage Allresidential dwellings units that are a part ofaresidential development project in excess of20 residential dwelling units for which an application for a new construction building permit is submitted to the Building Division after the effective date ofthis chapter shall be Visit able Residential Dwellings for which B Unit Types New construction ofall single family duplex and triplex residential dwellings an application for a building permit is submitted to the Building Division after the effective date ofthis chapter shall be subject to this chapter C Conditions ofapproval Any tentative map conditional use permit site development review or building permit master plan check subject tothis chapter shall contain conditions sufficient to ensure compliance with the provisions ofthis chapter Exemptions A When the applicant adequately demonstrates and the Building Official determines that compliance with any portion of any regulation under this chapter would create an undue hardship or that equivalent facilitation is not available an exception to that portion ofthe regulation may be granted B When the applicant adequately demonstrates and the Building Official determines that compliance with any portion of any regulation under this chapter would create an undue hardship due to topographical conditions ofthe site andordue to the size ofthe site andor other site constraints andor legal constraints and that no equivalent facilitation is available an exemption to that portion ofthe regulation may be granted C When the applicant adequately demonstrates and the Building Official determines that aresidential dwelling unit is being reconstructed as aresult ofadisaster an exemption to all or any portion ofthis chapter may be granted D This ordinance shall not be applicable to any residential structure constructed ifthe primary entry of that structure is above grade because the primary entry is located oversubterranean or grade level parking Standards Primary Entrance A New Construction Mandatory to Install The following items for the accessible entrance on the primary entry level shall be installed 1 Where at least one doorbell is provided for the accessible entry door one that is between forty two inches 42 and forty eight inches 48 from the finished floor must be installed B New Construction Mandatory tooffer The following options for the accessible entrance on the primary entry level shall be offered and if accepted installed at the request and costofthe purchaser owner if requested when installation is consistent with section An exterior accessible route that is either Consistent with the requirements ofcbc Chapter l1a or not be less than forty inches 40 wide and not have a slope greater than one 1 uni vertical in twenty 20 units horizontal Page 3 of 10

6 41J to 2 The accessible primary entrance that is consistent with the requirements ofcbc Chapter l1a 3 The floor or landing at and on the exterior and interior side ofthe accessible entrance door that is either ofthe following Consistent with the requirements ofcbc Chapter IIA orthe width ofthe level area on the side towhich the accessible entrance door swings shall extend twenty 24 past the strike edge ofthe door four inches 4 The exterior accessible entry door that is either Consistent with the requirements ofcbc Chapter I1A or has athirty four inch 34 net clear opening 5 A second exterior door that is installed in amanner so that it is accessible as section with athirty two inch 32 net clear opening provided in this 6 Where at least one eyehole is provided in the accessible entry door one shall be at standard height and a second one that is between forty two inches 42 and forty four inches 44 from the finished floor Standards Interior Routes A New Construction Mandatory to Install There are no mandatory installations related to Interior Routes in avisit able Residential Dwelling B New Construction Mandatory to Offer The following options primary entry level shall be offered and if accepted installed at the request purchaser owner if requested when installation is consistent with section for accessible interior routes on the and cost ofthe 1 At least one accessible routethrough the hallways consistent with the requirements ofcbc Chapter lla from the accessible entrance ofthe dwelling unit to the primary entry level powder room or bathroom acommon use room and the kitchen iflocated on the primary entry level 2 No sunken orraised area in the bathroom or powder room the common use room and the kitchen if on the primary entry level on an accessible route 3 Handrails installed in amannerconsistent with CBC Chapter lla on one orboth sides ofthe accessible route at the option ofthe purchaser owner 4 Handrail reinforcement installed on one orboth sides ofthe accessible route 5 An accessible route with aminimum widthof forty two inches 42 A thirty nine inch 39 hallway width may be provided when all doors leading to any bathroom room common powder use room or kitchen if on the primary entry level that must be accessible have aminimum clear door opening of thirty four inches 34 and a thirty six inch 36 hallway width may be provided when all doors leading to any bathroom powder room common use room or kitchen on the primary entry level that must be accessible have aminimum clear door opening of thirty six inches 36 Page 4 of 10

7 5 O Standards Primary Floor Powder RoomlBathroom Entry and Facilities A New Construction Mandatory to Install When a powder room orbathroom is located on the primary entry level the following item s shall be installed in a Visit able Residential Dwelling 1 Grab bar reinforcement consistent with CBC Chapter lla for the water closet toilet and shower orbathtub 2 Faucets and handles not requiring tight grasping pinching or twisting with the requirements of CBC Chapter l1a ofthe wrist and consistent B New Construction Mandatory to Offer The following options for the accessible bathroom or powder room on the route from the primary entrance shall be offered and if accepted installed at the request and costofthe purchaser owner if requested when installation is consistent with section At least one powder room orbathroom at the option ofthe purchaser owner on the primary entry level of avisit able Residential Dwelling which complies with the requirements ofcbc Chapter lla 2 Clear space in the bathroom or powder room that is either Consistent with the requirements of CBC Chapter l1a or outside ofthe swing ofthe door and either a forty eight inch circle forty eight inches by sixty inches 48 x 60 or a sixty inch 60 diameter circle at the option ofthe purchaser owner 3 A bathtub or shower meeting the requirements ofansi AI Grab bars installed in amanner consistent with CBC Chapter 11A for the water closet toilet shower bath or lavatory or any combination thereof at the option ofthe purchaser owner 5 A lavatory or sink installed consistent with CBC Chapter l1a 6 A water closet toilet installed consistent with CBC Chapter l1a 7 Removable cabinets under the lavatory sink 8 Where mirrors and towel fixtures are provided in the accessible bathroom or room powder installation consistent with the requirements ofcbc Chapter l1a Standards Kitchen and Facilities A New Construction Mandatory toinstall When akitchen is located on the primary entry level the following item s shall be installed in avisit able Residential Dwelling 1 Sink controls not requiring tight grasping pinching or twisting ofthe wrist and consistent with the requirements ofcbc Chapter lla B New Construction Mandatory to Offer Ifthere is akitchen on the primary entry level the following options shall be offered and if accepted installed at the request and costofthe purchaser owner if requested when installation is consistent with section Page 5 of 10

8 0 1 An accessible routeto the kitchen with a pathwaythrough the kitchen to the stove oven or combination stove oven consistent with the requirements ofcbc Chapter11A 2 One or more ofthe following at the purchaser owner s option At least a forty eight inch by sixty inch 48 x 60 clear space in front ofa stove at the base ofa U shaped kitchen or At least a thirty inch by forty eightinch 30 x 48 clear space in front ofthe sink counting open access underneath if available or At least one eighteen inch 18 wide breadboard andor at least eighteen inches 18 in counter space at a thirty four inch 34 height or any combination thereof at the option ofthe purchaser owner 3 Adjustable sink andor removable under sink cabinets consistent with Chapter l1a 4 Hood fan controls at light switch level or lower level Standards Common Use Room A New Construction use room in a Visit able Residential Dwelling Mandatory to Install There are no mandatory installations related to acommon B New Construction Mandatory to Offer The following options for the common use room on the and cost of the primary entry level shall be offered and if accepted installed at the request purchaser owner if requested when installation is consistent with section At least one common use room such as a dining room or living room on the accessible route Sunken or raised areas not exceeding fifty percent 50 ofthe area ofthe room s floor space shallbe permitted as an option ofthe purchaser owner in acommon use room on the accessible routewhen an accessible route connects ausable portion to the accessible bathroom or powder room and the accessible exterior entrance door ofthe common use room 2 No sunken areas in a common use room on an accessible route 3 Standards related to access to and flatness of any other common area room on the primary entry level Standards Bedroom A New Construction Mandatory to Install There are no mandatory installations related to abedroom in avisit able Residential Dwelling B New Construction Mandatory to Offer Ifthere is abedroom on the primary entry following options shall be offered and if accepted installed at the request purchaser owner if requested when installation is consistent with section and cost ofthe level the At least one bedroom on the accessible route oftravel with all components meeting the requirements of section A closet shall have at least a thirty two inch 32 net opening and adjustable closet rods and shelving A family room or den may satisfy this bedroom requirement if a sleeping structure such as abed futon hide away or Murphy bed can be placed in the room and ifthe room complies with provisions for emergency escape and rescue and smoke alarms in the California Building Code Page 6 of 10

9 1tJ Standards Miscellaneous Areas A New Construction Mandatory to Install There are no mandatory installations related to miscellaneous areas of avisit able Residential Dwelling B New Construction Mandatory to Offer The following options shall be offered and if accepted installed at the request and cost ofthe purchaser owner if requested when installation is consistent with section room or Ifon the primary entry level miscellaneous areas or facilities such as a patio or yard laundry storage area for the dwelling must have an accessible route to and from the accessible entrance either through the dwelling unit or around the dwelling unit Standards General Components A New Construction Residential Dwelling Mandatory to Install The following item s shall be installed in all Visit able 1 Hand activated door hardware not requiring tight grasping pinching or twisting consistent with the requirements of CBC Chapter lla ofthe wrist and 2 Rocker light switches and controls or light switches and controls meeting the requirements of ANSI A or the CBC Chapter l1a 3 The installation ofall receptacle outlets lighting controls and environmental controls throughout the residential dwelling unit must comply with CBC Chapter llaor applicable provisions ofthe California Electrical Code B New Construction Mandatory to Offer The following options shall be offered and if accepted installed at the request and costofthe purchaser owner if requested when installation is consistent with An accessible route in an interior room or hallway interior doors or openings for rooms and routes oftravel required tobe accessible consistent with CBC Chapter l1a EXCEPTIONS A thirty four inch 34 clear doorway width may be requested from a hallway with a thirty nine inch 39 width and a thirty six inch 36 clear doorway width may be requested from a hallway with a thirty six inch 36 width 2 The width ofthe level area on the side toward which an accessible door swings CBC Chapter l1a consistent with 3 Ifthe Building Official or owner purchaser determines that the accessible route and doorway width options prescribed by Chapter l1a are not feasible and that aless wide accessible route is necessary a functional alternative to ensure that all entries into rooms required to be accessible may be approved by the Building Official or purchaser owner if it meets at least one ofthe following requirements and ifthe hallway is not less than thirty six 36 inches in width Page 7 of 10

10 BOb to a The entry door to the room must be at the end ofa hallway or passageway or open directly from another room on an accessible route oftravel so that no turn of ninety degrees 900 or more is necessary to enter the room b The hallway wall opposite the room must be inset enough to allow an area ofat least eight inches 8 deep with at least a sixty inch 60 run centered on the center ofthe entry door opening e g an 8 by 60 notch or alcove c The hallway wall on the same side as the room must be inset enough to allow an area ofat least eight inches 8 deep with at least a sixty inch 60 run centered on the center ofthe entry door opening e g an 8 by 60 notch or alcove d The hallway wall directly opposite the room door must open to another room with at least a sixty inch 60 opening on a level with the accessible passageway or hallway NOTE Doors or openings to the rooms required tobe accessible may be wider and the notch or alcove smallerif equivalent access is not impeded In addition for a doorway at the end of a or hallway in other circumstances the notch or alcove need not be centered on the doorway if access equivalent is not impeded 4 Flooring throughout the residential dwelling unit consistent with CBC Chapter lla 5 Standards pertaining to residential structures from ANSI Al17 1 may be used throughout this chapter when CBC Chapter lla does not contain specific standards or when the ANSI Standards are equivalent to the Chapter l1a standards Standards New Construction Permissive Options A The developer or builder ofavisit able Residential Dwelling must offer an opportunity to select any the features listed in this chapter to an owner or prospective ownerof avisit able Residential Dwelling at the earliest feasible time after the owner purchaser or prospective purchaser is identified B The developer or builder ofavisit able Residential Dwelling shall construct or install anyrequested features identified in this chapter unless it would result in an unreasonable delay in the construction or significant un reimbursable costs to the or developer builder C The developer or builder ofavisit able Residential Dwelling at his or her option may offer or utilize standards for structural or design features components or appliances and facilities including but not limited ANSI Standards which meet or exceed Chapter lla and which offer greater availability access or usability and these are deemed tobe in compliance with this chapter Enforcement A It is unlawful for any person or entity to fail to comply with the requirements ofthis chapter B Violation of any provision of this chapter may be enforced by civil action an including action for injunctive relief In any civil enforcement action administrative or judicial the city shall be entitled to recover its attorneys fees and costs from a person who is determined by a court of competent jurisdiction to have violated this c1iapter Page 8 of 10

11 C Any violation ofthe provisions ofthis chapter shall constitute amisdemeanor and shall be punished as such in accordance with Section D Enforcement pursuant tothis section shall be undertaken by the city through its Community Development Director and the City Attorney E Remedies under this section are in addition to and do not supersede or limit any and all other remedies civil criminal or administrative The remedies provided herein shall be cumulative and not exclusive q1jrd F Whenever the Building Official or designee re inspects or otherwise takes any enforcement action with this against aresidential dwelling unit which is governed by this chapter to determine compliance chapter the Building Official may assess fees against the owner to recover the costs to the city according to afee schedule established by the city The assessment and collection ofthese fees shall not preclude the imposition of any administrative or judicial penalty or fine for violations ofthis chapter or applicable state laws or regulations Purchaser op out option The purchaser s may file a letter with the City of Dublin and the Developer their desire to forgo any or all ofthe mandatory installation features required under this ordnance Such letter shall relieve the Developer of only those mandatory features listed in the purchaser s letter all other mandatory items shall be installed Plans This ordinance shall Section 2 Application of Ordinance to Existing and Approved not apply to residential dwelling units for which a complete building plan check application and applicable fees have been submitted to the Building Division as ofthe effective date of this ordinance Section 3 Compliance with California Environmental Quality Act HCEQA J The City Council declares that this ordinance is exempt from CEQA based on the following findings This ordinance is not a project within the meaning ofsection ofthe State CEQA it has no potential for resulting in physical change in the environment directly or ultimately The Guidelines because adoption ofthis ordinance does not in itself allow the construction of any building or structure adoption ofthis ordinance therefore has no potential for resulting in physical change directly or ultimately Notwithstanding the adoption ofthis ordinance individual projects exempt from compliance with CEQA The in the environment shall not be Section 4 Severability In the event any section or portion ofthis ordinance shallbe determined invalid or unconstitutional such section or portionshall be deemed severable and all other sections or portions hereof shall remain in full force and effect Section 5 Savings Clause All code provisions ordinances and parts ofordinances in conflictwith the provisions ofthis chapter are repealed The provisions ofthis chapter insofar as they are substantially the same as existing code provisions relating to the same subject matter shall be construed as restatements and continuations thereofand not as new enactments With respect however to violations rights accrued liabilities accrued or appeals taken prior to the effective date ofthis ordinance under any chapter ordinance or part of an ordinance shall be deemed to remain in full force for the purpose of sustaining any proper suit action or other proceedings with respect to any such violation right liability or appeal Page 9 of 10

12 Section 6 Effective Date and Posting of Ordinance This ordinance shall take effect and be in force thirty 30 days from and after the date ofits passage provided that a copy been filed with the California Department of Housing and Community Development Health and Safety Code section b 2 The City Clerk ofthe City ofdublin shall cause the ofthe ordinance has first in accordance with Ordinance to be posted in at least three 3 public places in the City ofdublin in accordance with Section ofthe Government Code ofthe State of California ldo 10 PASSED ANDADOPTED BY the City Council ofthe City of Dublin on this 2nd day of October 2007 by the following votes AYES NOES ABSENT ABSTAIN JanetLockhart ayor ATTEST City Clerk DOC Page 10 of10