HomeMy WebLinkAboutOrd 21-07 Universal Design
ORDINANCE NO. 21 - 07
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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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 of Chapter 7.90: Chapter 7.90 is hereby added to the Dublin Municipal Code
to read as follows:
CHAPTER 7.90
UNIVERSAL DESIGN
7.90.010
Purpose
A. The purpose of the design guidelines established by this chapter is to enhance the full life cycle use of
housing without regard to the physical abilities or disabilities of a home's occupants or guests in order to
accommodate a wide range of individual preferences or physical abilities.
B. The promotion and preservation of the public health, safety, and general welfare of the people of the
'City and the property situated therein have made necessary the adoption of a Universal Design Standard
for dwellings in order to adequately safeguard life, health, property, and general welfare.
C. The purpose of this chapter is not to create or otherwise establish or designate any particular class or
groups of persons who will or should be especially protected or benefited by the terms ofthis chapter.
7.90.020
Findings.
A. Pursuant to Health and Safety Code section 17959, the City Council of the City of Dublin hereby finds
that the provisions of this Chapter are reasonably necessary because according to the City's Certified
Housing Element, approximately 13 percent of the City's non-institutionalized residents have physical
conditions that affect their abilities to live 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 of the City of Dublin hereby finds that the provisions of this Chapter are reasonably
to enhance the full life cycle use of housing without regard to the physical abilities or disabilities of a
home's occupants or guest in order to accommodate a wide range of individual preferences and functional
abilities.
C. Pursuant to Health and Safety Code section 17959, the City Council of the City of Dublin hereby finds
that the provisions of this Chapter are substantially the same as the Model Universal Design Local
Ordinance adopted by the Department of Housing and Community Development.
Ord No. 21-07, Adopted 10/02/07, Item 4.9
Page 1 of 10
7.90.030
Definitions
For the purpose of this Chapter, the following terms shall have the following definitions:
Accessible: Consistent with or as defined by the California Building Code, Chapter11A.
ANSI A117.1: The most current version of the "Standard on Accessible and Usable Buildings and
Facilities", commonly known as "ICC/ANSI A1l7.!", published by the International Code Council and
American National Standards Institute, Inc.
Bathroom: A room containing a water closet (toilet), lavatory (sink), and either a shower, bathtub,
combination bathtub/shower, or both a shower and bathtub. It includes a compartmented bathroom in
which the fixtures are distributed among interconnected rooms.
CBC, Chapter l1A: Chapter 11A of the California Building Code (located in Part 2, Title 24, California
Code of Regulations), 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 and not
part of a master plan check.
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, to be
occupied by the owner.
Single-Family Residential Dwelling: Consistent with or as defined by the California Building Code.
Substantial Rehabilitation: The reconstruction of the 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 of the California Building Standards Code.
Visit-able Residential Dwelling: A residential unit subject to the requirements of this chapter by virtue of
being within the scope ofthis chapter as defined in section 7.90.040.
7.90.040 Scope and Application
Ord No. 21-07, Adopted 10/02/07, Item 4.9
Page 2 of 10
A. Unit Coverage. All residential dwellings units that are a part of a residential development project in
excess of 20 residential dwelling units for which an application for a new construction-building permit is
submitted to the Building Division after the effective date of this chapter shall be Visit-able Residential
Dwellings.
B. Unit Types. New construction of all single-family, duplex, and triplex residential dwellings for which
an application for a building permit is submitted to the Building Division after the effective date of this
chapter, shall be subject to this chapter.
C. Conditions of Approval. Any tentative map, conditional use permit, site development review or
building permit master plan check subject to this chapter shall contain conditions sufficient to ensure
compliance with the provisions of this chapter.
7.90.050
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 of the 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 of the site and/or due to the size of the site and/or other site constraints and/or legal constraints
and that no equivalent facilitation is available, an exemption to that portion of the regulation may be
granted.
C. When the applicant adequately demonstrates and the Building Official determines that a residential
dwelling unit is being reconstructed as a result of a disaster, an exemption to all or any portion of this
chapter may be granted.
D. This ordinance shall not be applicable to any residential structure constructed if the primary entry of
that structure is above grade because the primary entry is located over subterranean or grade-level
parking.
7.90.060
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 to Offer: The following options for the accessible entrance on the
primary entry level shall be offered and, if accepted, installed at the request and cost of the
purchaser/owner, if requested when installation is consistent with section 7.90.140.
Ord No. 21-07, Adopted 10/02/07, Item 4.9
Page 3 of 10
1. An exterior accessible route that is either: Consistent with the requirements of CBC Chapter llA;
or not be less than forty inches (40") wide and not have a slope greater than one (1) unit vertical in
twenty (20) units horizontal.
2. The accessible primary entrance that is consistent with the requirements of CBC Chapter llA.
3. The floor or landing at and on the exterior and interior side of the accessible entrance door that is
either of the following: Consistent with the requirements of CBC Chapter 11 A; or the width of the
level area on the side to which the accessible entrance door swings shall extend twenty-four inches
(24") past the strike edge of the door.
4. The exterior accessible entry door that is either: Consistent with the requirements of CBC Chapter
llA, or has a thirty-four inch (34") net clear opening.
5. A second exterior door that is installed in a manner so that it is accessible as provided in this
section with a thirty-two inch (32") net clear opening.
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.
7.90.070
Standards: Interior Routes:
A. New Construction-Mandatory to Install: There are no mandatory installations related to Interior
Routes in a Visit-able Residential Dwelling.
B. New Construction-Mandatory to Offer: The following options for accessible interior routes on the
primary entry level shall be offered and, if accepted, installed at the request and cost of the
purchaser/owner, if requested when installation is consistent with section 7.90.140.
1. At least one accessible route through the hallways consistent with the requirements of CBC
Chapter llA from the accessible entrance of the dwelling unit to the primary entry level powder
room or bathroom, a common use room, and the kitchen if located on the primary entry level.
2. No sunken or raised 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 a manner consistent with CBC Chapter llA on one or both sides of the
accessible route, at the option of the purchaser/owner.
4. Handrail reinforcement installed on one or both sides of the accessible route.
5. An accessible route with a minimum width of forty-two inches (42"). A thirty-nine inch (39")
hallway width may be provided when all doors leading to any bathroom, powder room, common
use room, or kitchen, if on the primary entry level, that must be accessible have a minimum 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 a minimum clear door opening of thirty-six
inches (36").
Ord No. 21-07, Adopted 10/02/07, Item 4.9 Page 4 of 10
7.90.080
Standards: Primary Floor Powder Room/Bathroom Entry and Facilities
A. New Construction-Mandatory to Install: When a powder room or bathroom 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 11A for the water closet (toilet) and shower
or bathtub.
2. Faucets and handles not requiring tight grasping, pinching, or twisting of the wrist and consistent
with the requirements of CBC Chapter 11 A.
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
cost of the purchaser/owner, if requested when installation is consistent with section 7.90.140.
1. At least one powder room or bathroom, at the option of the purchaser/owner, on the primary entry
level of a Visit-able Residential Dwelling, which co~plies, with the requirements of CBC Chapter
llA.
2. Clear space in the bathroom or powder room that is either: Consistent with the requirements of
CBC Chapter 11A; or outside of the swing of the 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 of the
purchaser/owner.
3. A bathtub or shower meeting the requirements of ANSI Al17.!.
4. Grab bars installed in a manner consistent with CBC Chapter llA for the water closet (toilet),
shower/bath, or lavatory, or any combination thereof, at the option of the purchaser/owner.
5. A lavatory or sink installed consistent with CBC Chapter 11A.
6. A water closet (toilet) installed consistent with CBC Chapter 11A.
7. Removable cabinets under the lavatory/sink.
8. Where mirrors and towel fixtures are provided in the accessible bathroom or powder room,
installation consistent with the requirements of CBC Chapter 11A.
7.90.090
Standards: Kitchen and Facilities
A. New Construction-Mandatory to Install. When a kitchen is located on the primary entry level the
following item(s) shall be installed in a Visit-able Residential Dwelling.
1. Sink controls not requiring tight grasping, pinching, or twisting of the wrist and consistent
with the requirements of CBC Chapter 11A
Ord No. 21-07, Adopted 10/02/07, Item 4.9
Page 5 of 10
B. New Construction-Mandatory to Offer: If there is a kitchen on the primary entry level, the following
options shall be offered and, if accepted, installed at the request and cost of the purchaser/owner, if
requested when installation is consistent with section 7.90.140.
1. An accessible route to the kitchen, with a pathway through the kitchen to the stove, oven, or
combination stove-oven consistent with the requirements of CBC Chapter11A.
2. One or more of the following, at the purchaser/owner's option: At least a forty-eight inch by
sixty-inch (48" x 60") clear space in front of a stove at the base of a U-shaped kitchen; or At
least a thirty-inch by forty-eight inch (30" x 48") clear space in front of the sink (counting
open access underneath, if available); or At least one eighteen-inch (18") wide breadboard
and/or at least eighteen inches (18") in counter space at a thirty-four inch (34") height, or any
combination thereof, at the option of the purchaser/owner.
3. Adjustable sink and/or removable under-sink cabinets consistent with Chapter 11A.
4. Hood fan controls at light switch level or lower level.
7.90.100
Standards: Common Use Room:
A. New Construction-Mandatory to Install: There are no mandatory installations related to a common
use room in a Visit-able Residential Dwelling
B New Construction-Mandatory to Offer: The following options for the common use room on the
primary entry level shall be offered and, if accepted, installed at the request and cost of the
purchaser/owner, if requested when installation is consistent with section 7.90.140.
1. 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%) of the area of the room's floor space
shall be permitted as an option of the purchaser/owner in a common use room on the
accessible route when an accessible route connects a usable portion of the common use room
to the accessible bathroom or powder room and the accessible exterior entrance door.
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.
7.90.110
Standards: Bedroom
A. New Construction-Mandatory to Install: There are no mandatory installations related to a bedroom
in a Visit-able Residential Dwelling.
B. New Construction-Mandatory to Offer: If there is a bedroom on the primary entry level, the
following options shall be offered and, if accepted, installed at the request and cost of the
purchaser/owner, if requested when installation is consistent with section 7.90.140:
Ord No. 21-07, Adopted 10/02/07, Item 4.9
Page 6 of 10
At least one bedroom on the accessible route of travel with all components meeting the requirements of
section 7.90.130. 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 a bed, futon, hide-away, or Murphy bed) can be placed in the room and if the room complies with
provisions for emergency escape and rescue and smoke alarms in the California Building Code.
7.90.120
Standards: Miscellaneous Areas
A. New Construction-Mandatory to Install: There are no mandatory installations related to
miscellaneous areas of a Visit-able Residential Dwelling.
B. New Construction-Mandatory to Offer: The following options shall be offered, and if accepted,
installed at the request and cost of the purchaser/owner, if requested when installation is consistent with
section 7.90.140.
If on the primary entry level, miscellaneous areas or facilities (such as a patio or yard, laundry room, or
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.
7.90.130
Standards: General Components
A. New Construction-Mandatory to Install. The following item(s) shall be installed in all Visit-able
Residential Dwelling
1. Hand-activated door hardware not requiring tight grasping, pinching, or twisting of the wrist and
consistent with the requirements of CBC Chapter 11 A.
2. Rocker light switches and controls or light switches and controls meeting the requirements of
ANSI Al17.1 or the CBC Chapter 11A.
3. The installation of all receptacle outlets, lighting controls and environmental controls throughout
the residential dwelling unit must comply with CBC Chapter 11A or applicable provisions of the
California Electrical Code.
B. New Construction-Mandatory to Offer: The following options shall be offered, and if accepted,
installed at the request and cost of the purchaser/owner, if requested when installation is consistent with
7.90.140.
1. An accessible route in an interior room or hallway, interior doors or openings for rooms and routes
of travel required to be accessible consistent with CBC Chapter 11A.
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 of the level area on the side toward which an accessible door swings consistent with
CBC Chapter 11 A.
Ord No. 21-07, Adopted 10/02/07, Item 4.9
Page 7 of 10
3. If the Building Official or owner/purchaser determines that the accessible route and doorway
width options prescribed by Chapter 11A are not feasible and that a less 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 of the
following requirements and if the hallway is not less than thirty-six (36") inches in width:
a. The entry door to the room must be at the end of a hallway or passageway, or open directly
from another room on an accessible route of travel, 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 of at least eight,
inches (8") deep with at least a sixty-inch (60") run centered on the center of the 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 of at
least eight inches (8") deep with at least a sixty-inch (60") run centered on the center of the 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 to be accessible may be wider and the notch or alcove
smaller if equivalent access is not impeded. In addition, for a doorway at the end of a hallway or in other
circumstances, the notch or alcove need not be centered on the doorway if equivalent access is not
impeded.
4. Flooring throughout the residential dwelling unit consistent with CBC Chapter llA
5. Standards pertaining to residential structures from ANSI A1l7.1 may be used throughout this
chapter when CBC Chapter 11A does not contain specific standards or when the ANSI Standards
are equivalent to the Chapter 11A standards.
7.90.140
Standards: New Construction-Permissive Options
A. The developer or builder of a Visit-able Residential Dwelling must offer an opportunity to select any
the features listed in this chapter to an owner or prospective owner of a Visit-able Residential Dwelling at
the earliest feasible time after the owner, purchaser, or prospective purchaser is identified.
B. The developer or builder of a Visit-able Residential Dwelling shall construct or install any requested
features identified in this chapter unless it would result in an unreasonable delay in the construction or
significant un-reimbursable costs to the developer or builder.
C. The developer or builder of a Visit-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 11A and which offer greater availability, access
or usability, and these are deemed to be in compliance with this chapter.
Ord No. 21-07, Adopted 10/02/07, Item 4.9
Page 8 of 10
7.90.150
Enforcement:
A. It is unlawful for any person or entity to fail to comply with the requirements of this chapter.
B. Violation of any provision of this chapter may be enforced by civil action including an 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 chapter.
C. Any violation of the provisions of this chapter shall constitute a misdemeanor and shall be punished as
such in accordance with Section 1.04.030.
D. Enforcement pursuant to this 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.
F. Whenever the Building Official or designee re-inspects or otherwise takes any enforcement action
against a residential dwelling unit, which is governed by this chapter to determine compliance with this
chapter, the Building Official may assess fees against the owner to recover the costs to the city according
to a fee schedule established by the city. The assessment and collection of these fees shall not preclude
the imposition of any administrative or judicial penalty or fine for violations of this chapter or applicable
state laws or regulations.
7.90.160
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 of the 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.
Section 2. Application of Ordinance to Existing and Approved Plans: This ordinance shall
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 of the effective date of this ordinance.
Section 3. Compliance with California Environmental Quality Act ("CEQA ''): 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 of Section 15378 of the State CEQA Guidelines, because
it has no potential for resulting in physical change in the environment, directly or ultimately. The
adoption of this ordinance does not, in itself, allow the construction of any building or structure. The
adoption of this ordinance, therefore, has no potential for resulting in physical change in the environment,
directly or ultimately. Notwithstanding the adoption of this ordinance, individual projects shall not be
exempt from compliance with CEQA.
Section 4. Severability: In the event, any section or portion of this ordinance shall be
determined invalid or unconstitutional, such section or portion shall be deemed severable and all other
sections or portions hereof shall remain in full force and effect.
Ord No. 21-07, Adopted 10/02/07, Item 4.9 Page 9 of 10
Section 5. Savings Clause: All code prOVlSlons, ordinances, and parts of ordinances in
conflict with the provisions of this chapter are repealed. The provisions of this 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 thereof and not as new enactments. With respect, however, to violations,
rights accrued, liabilities accrued, or appeals taken, prior to the effective date of this 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.
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 of its passage, provided that a copy of the ordinance has first
been filed with the California Department of Housing and Community Development in accordance with
Health and Safety Code section 19759(b)(2). The City Clerk of the City of Dublin shall cause the
Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section
36933 of the Government Code of the State of California.
PASSED, APPROVED AND ADOPTED this 2nd day of October, 2007, by the following vote:
AYES: Councilmembers Oravetz and Sbranti, and Mayor Lockhart
NOES: Councilmember Hildenbrand
ABSENT: Councilmember Scholz
ABSTAIN: None
ATTEJ?:
(~[ f!W
Deputy City Clerk
Ord No. 21-07, Adopted 10/02/07, Item 4.9
Page 10 of 10