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Home My WebLink AboutItem I - Universal Design Ordinance CITY CLERK File # D[ffiff][o]-ITJo] AGENDA STATEMENT CITY COUNCIL & HOUSING COMMITTEE JOINT STUDY SESSION MEETING DATE: February 20,2007 SUBJECT: Universal Design Ordinance Report prepared by Gregory Shreeve, Building Official l~" r ATTACHMENTS: 1) Draft Universal Design Ordinance (Ordinance A) with mandatory options requirements. 2) Draft Universal Design Ordinance (Ordinance B) with mandatory installation requirements. 3) City Council Staff Report dated September 5, 2006 (with Attachments). 4) Housing Committee Staff Report dated September 21,2006 (without attachments). 5) Housing Committee Meeting Minutes dated September 21, 2006. 6) City Council Staff Report dated October 17, 2006. 7) City Council Meeting Minutes dated October 17, 2006. 8) Photographs of Universal Design Features (to be presented at f"oo,/"/ the Study Session). e,:\f~(fi 0 RECOMMENDATION: 'i' Receive Staff Presentation and Provide Direction. " FINANCIAL STATEMENT: An Ordinance on Universal Design will have a financial impact on the City. The level of impact will be dependent on the final design of the Ordinance. Adoption of an Ordinance would also create the need to modify the valuation table ofthe City's Fee Schedule to achieve cost recovery of plan check and permit costs. The options proposed for City Council consideration in this report discusses financial impact. 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. COPY TO: ITEM NO. :c. Page 1 of8 J:\Agendas\2007\CCSS UnivDesign 2,20,07.doc Program E.2.1 ofthe 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." In an effort to implement this program of the Housing Element, the City Council listed as a high priority goal in the 2006-2007 Goals and Objectives, the preparation of a Universal Design Ordinance for adoption as an amendment to the California Building Code requirements. Since the adoption of the Housing Element, the State of California has adopted changes to current laws that require elements related to Universal Design be incorporated into the construction of new multifamily dwellings and a checklist provided to potential buyers of all dwellings. At the City Council meeting of September 5,2006 (Attachment 3), Staff presented a report on Universal Design. The City Council directed Staff to work with the Housing Committee to decide if an ordinance should be prepared. If the Housing Committee determined that an ordinance should be prepared, Staff would work with the Committee to prepare the ordinance, meet with the development community and return to the City Council with the draft Ordinance. The Housing Committee held a public meeting on September 21,2006 (Attachments 4 and 5), to discuss Universal Design. During the meeting, the Housing Committee received a presentation from Staff and received input from a representative ofthe Community Resources for Independent Living (CRIL). Following the presentation and public input, the Committee discussed the topic and concluded that at the present time, State laws on what should be included in developments in relation to Universal Design were sufficient. In addition, the Housing Committee recommended that Staff should re-examine this important issue during the preparation of the next Housing Element for the General Plan. At the City Council meeting of October 17, 2006 (Attachments 6 and 7), Staff presented the recommendation from the Housing Committee. In addition, the Council received a presentation from the Community Resources for Independent Living (CRIL). The City Council directed Staffto create a draft Universal Design Ordinance that would be discussed at a future joint City Council/Housing Committee Workshop. Background Research on Universal Design Ordinances: As part of the development ofa Universal Design Ordinance, Staff researched current State laws. In addition, Staff researched what policies other jurisdictions in the Tri Valley have adopted on Universal Design. Current State requirements regarding Universal Design: The State separates the regulations on Universal Design by type of unit as follows: 1. Single Family Dwellings, including duplex and triples units: Single-family dwellings, which include duplex and triplex units (referred to herein as "single-family dwellings") are the least regulated in relation to Universal Design under the current codes. For the most part, the decision on whether to incorporate Universal Design principals into the design of these types of dwellings is market based. The State does require that California builders constructing new for-sale residential units provide a "checklist" of universal accessibility features to potential purchasers of a home (attachments listed in Attachment 3). While this checklist is required to be distributed to potential buyers, there is no requirement that the developer/builder offer the buyer the choice of having the items on the checklist installed, with or without additional cost to the homebuyer. Page 2 of8 2. Multifamily Dwellings: State requirements relating to Universal Design on multi- family units is fairly comprehensive. The California Building Code regulates both the accessibility and adaptability of multi-family dwellings that consist of apartment buildings with three or more dwelling units or condominiums with four or more dwelling units. The State regulations allow for people with special needs to find housing in all new multi-family developments. All single floor units at grade or in elevatored buildings are required to have zero step entries. In addition, the features internal to the unit are constructed to allow for a wide range of modifications to allow for special needs. Developments are also required to address Universal Design in multi-story units within a multi-story building. In this instance, there are requirements for powder rooms and gathering areas on the entry level. In buildings without elevators, at least ten percent of the multi-story units are required to have zero step entries and many other features in the dwelling must be adaptable for special needs. Staff will be prepared to answer any questions on this topic at the Study Session. The Universal Design checklist that is required for single-family dwellings is also required on multi- family projects (attachments listed in Attachment 3). Through the City's plan check process, the City does verify that the developer/builder has a checklist to provide to potential buyers. Universal Design in the Tri-Valley: Staff contacted the Cities of Livermore, Pleasanton, Danville, and San Ramon to determine what Universal Design policies had been adopted by jurisdictions in the Tri-Valley area. Livermore indicated that through their Housing Implementation Plan, if a Developer incorporates Universal Design into their plans, the Developer would receive special preference points. Pleasanton and San Ramon reported that their City's are beginning to look into a program similar to the Livermore program. Danville has not taken a position on Universal Design at this time. The City of Dublin currently does not use a preference point system to allocate building permits for development and, therefore, the type of policy adopted by Livermore is not feasible. ANALYSIS: State Model Ordinance: In 2005, the State of California Department of Housing and Community Development (HCD) certified a Model Universal Design Ordinance that can be adopted voluntarily by cities and counties (attachments listed in Attachment 3). The State Model Ordinance identifies features that must be offered by a builder in residential units that are being newly constructed or substantially rehabilitated. Such features must only be installed if requested by the buyer/owner and which would not cause an unreasonable delay or significant un-reimbursable costs to the developer or builder. As noted above, this varies from the existing State law that only requires that a list be offered to the buyer. Page 3 of8 In general, the State Model Ordinance: . Provides an allowable framework for the ordinance; . Provides standard definitions for critical terms related to Universal Design; . Provides for allowed exceptions, for example, due to site impracticality or undue hardship; and . Allows for certain customizations for local jurisdictions. It is important to note that under the State Model Ordinance, it is not required that the developer/builder install any feature, nor is it required that the developer/builder is responsible for paying the cost of installing the feature. The State Model Ordinance can be customized to require installation by the developer/builder; however, it is likely that the cost will be passed on to the homebuyer. The State Model Ordinance augments the State's Universal Design Checklist (referenced above) by providing what items on the checklist shall be offered for installation by the developer/builder. As noted above, State mandated requirements ensure that multi-family projects include features that often exceed the suggestions in the State's Model Universal Design Ordinance. Therefore, Staff has concentrated the draft Dublin Ordinances below on Single-Family Dwelling Units. City of Dublin Draft Ordinances: The State requires that if a jurisdiction desires to adopt an Ordinance on Universal Design the State Model Ordinance must be used as the template. Therefore, based on the State Model Ordinance, Staff has customized two draft Universal Design Ordinances for the City Council to review: Ordinance A: This Ordinance would require that developer/builders offer universal design features to buyers of single-family dwellings (includes duplexes and triplexes) without mandatory installation of those features. The Ordinance also requires that the developer/builder offer to install certain options on the checklist while the home is under construction. The homebuyer would have the ability to purchase those items as options from the developer/builder. This Ordinance goes beyond current State law that only requires that the future homeowner be provided a checklist of features that could be added to the home, with no requirement that the developer/builder must have the ability to install the features. In addition, this Ordinance would require that the developer/builder provide the checklist with the options that the homebuyer selected for the City's permanent file. Benefits: The installation of certain Universal Design items are less expensive to install during the construction of a new home compared to putting these features in a dwelling at a later time. This Ordinance would allow a buyer to customize the home to the buyer's particular need at the time of purchase. Additionally, maintaining the checklist at the City will allow for buyers of the home at resale to learn what Universal Design items already exist that are not readily visible (for example, blocking behind the tile for grab bars in the shower). Ordinance A would require developer/builders to offer and install features (as options) in single- family homes that multi-family homes are currently required to install. Page 4 of8 Concerns: Under this Ordinance, only items purchased by the buyer would be installed by the developer/builder. While this allows for customization and containment of costs for the buyer, this option may not provide an overall increase in homes designed for special needs. Additionally, in order to customize a home, many of the Universal Design elements must be installed early in the construction process. Therefore, if a buyer requests certain items (like blocking behind walls or moving electrical receptacles) after the home is completed; it would not be possible to install them. Financial impact: There will be a financial impact under Ordinance A to the City, the developer/builder and the future homebuyer as follows: . The Staff hours for the Master Plan Check for subdivisions will increase and therefore, the City will need to amend the valuation table of the fee schedule. This will result in a one-time cost of Staff time to prepare the amendment; . The developer/builder will have costs in training staff, tracking selected options, and supplying verification paperwork to the City. The primary cost to the developer/builder will be the increase in overall permit fees to pay for the City's increased time to review the plans. However, the developer/builder has the ability to determine how to charge the buyer for installing the options; and · The prospective homebuyer will have to pay for each option. Ordinance B: This Ordinance would require that developer/builders install certain base universal design features as well as offer for purchase additional options. For example, a base option would be blocking behind tiles in bathrooms, faucets and doorknobs would be lever type rather than standard knobs. These base options are extrapolated from the State's Checklist referred in Ordinance A. This Ordinance also goes beyond current State law that only requires that the future homeowner be provided a checklist of features that could be added to the home, with no requirement that the developer/builder must have the ability to install the features. Ordinance B would require developer/builders to install base features and offer and install additional features (as options) in single- family homes that multi-family homes are currently required to install. Benefits: The installation of certain Universal Design items are less expensive to install during the construction of a new home compared to putting these features in a dwelling at a later time. This has several benefits: · Ensures a certain level of Universal Design features are installed in all homes; · A buyer can add to the base features from the checklist with a possible options charge; · Many homes are sold after construction has begun and under Ordinance A, above, certain features may no longer be possible to install. Under Ordinance B, the base features are required to be installed; Page 5 of8 . The developer/builder may find it easier to incorporate these base features into their construction process rather than having so many customizations; . Maintaining the checklist at the City will allow for buyers of the home at resale to learn what Universal Design items already exist that are not readily visible (for example, blocking behind the tile for grab bars in the shower); and . Another reason for requiring the installation of certain features is that with all of the other choices and options that a buyer already is required to make, there could be a possibility that the owner may overlook these options. Concerns: The installation of certain Universal Design items are less expensive to install during the construction of a new home compared to putting these features in a dwelling at a later time. However, there are some concerns with this approach: . The homeowner may not like some of the features such as lever hardware instead of knobs on doors, or rocker switches instead of standard light switches; . The developer/builder may not appreciate the additional regulations because it will remove the developer/builder's ability to tailor the home to the market; and . Homes will be required to have at least one zero entry unless there are hardships or site difficulties, this requirement may affect the look of the house. Financial impact: There will be a financial impact under Ordinance B to the City, the developer/builder and the future homebuyer as follows: . The Staffhours for the Master Plan Check for subdivisions will increase and therefore, the City will need to amend the valuation table of the fee schedule. This will result in a one-time cost of Staff time to prepare the amendment; . The Staff hours for inspection under Ordinance B will increase; therefore, the valuation table will be amended to a higher rate over the required amendment for Ordinance A, above; . The developer/builder will have costs in training staff, tracking selected options, and supplying verification paperwork to the City. The primary cost to the developer/builder will be the increase in overall permit fees to pay for the City's increased time to review the plans. However, the developer/builder has the ability to determine how to charge the buyer for installing the options; and · The prospective homebuyer will have to pay for each option over the base. Direction Requested: Staff recommends that the City Council consider Ordinance A and B and direct Staff on which Ordinance to finalize. Page 6 of8 Policy Issues: Following the City Council's decision on Ordinance A or B, policy direction is requested in two additional areas. Each ofthe following policy questions are applicable to either Ordinance A or B. Question 1. Should the Universal Design Ordinance be limited to subdivisions of 20 or greater (excluding custom homes)? While the majority of the City's development projects are comprised of more than 20 dwelling units, on occasion the City receives applications for smaller projects that are either infill or custom. Typically, these homes are located on a site where there are limitations. Three recent examples are the homes at Starward, Black Mountain and Aura by Taylor Woodrow. All of these projects had constraints in relation to either size or site features. Benefits: The City's Ordinances regulating Public Art and Inclusionary Zoning exempt projects that are less than 20. Therefore, exempting small projects from this Ordinance would be consistent with other City policies. On small infill projects, it is likely that the homes will be built and then sold. Therefore, it would be difficult for the developer/builder to offer options. Custom homes are designed by the future owner and generally, those owners prefer to make their own choices in relation to Universal Design and other features. Concerns: The City Council may wish to have all projects comply with this Ordinance. Financial impact: There is no financial impact by exempting small and custom projects. Direction Requested: Staff is recommending that the City Council direct Staff on whether the Universal Design Ordinance should be limited to subdivisions of 20 or greater (excluding custom homes). Question 2. Should projects with existing and approved Building Master Plan Checks be exempt at the time the new Ordinance is effective? Should this Ordinance be approved it is likely that there will be projects that have already submitted for building plan check and are under construction. The determination of when to apply this Ordinance to projects that are already underway and in City process is a policy question. The City Council has the ability to apply the Ordinance to those projects that have approved building master plan checks, but have not received all oftheir building permits. It is not possible under State law to apply the Ordinance to homes that have building permits. Should the Ordinance apply to projects that are under construction, but do not have all of their permits, some homes will have the Ordinance provisions applied and other homes in the same subdivision will not. Page 7 of8 Benefits: Exempting projects that have an approved Building Master Plan Check would allow these projects to continue without delay. If the Ordinance were applied to those projects with approved Master Plan Checks, those projects may be required to be redesigned to comply with the Ordinance, adding time and additional developer/builder costs to the process. Additionally, exempting these projects will allow for consistency within the subdivision. If the Universal Design Ordinance were implemented on projects that have already started construction, neighboring dwellings would then have been built under different standards. Therefore, construction and inspections would become more difficult. If projects with approved Building Master Plans are not exempted; then plans may need to be redesigned which will be costly and time consuming for the developer/builder. Concerns: If proj ects with approved Building Master Plans are exempted, there may be less homes with options offered and/or installed (Ordinance A) or, base features and options offered/installed (Ordinance B). Financial impact: There would not be a fiscal impact to exempting projects that have an approved Building Master Plan Check. Direction Requested: Staff is recommending that the City Council direct Staff on whether proj ects with existing and approved Building Master Plan Checks be exempt at the time the new Ordinance is effective. NEXT STEPS: Following the City Council direction on the iteins in this Staff Report, Staff recommends that the following occur: . Finalize the draft Ordinance pursuant to the direction at the meeting; . Meet with the development community to receive input; . Agendize the draft Ordinance for City Council approval; and . Modify the Valuation Table ofthe Fee Schedule and bring that revision to City Council for approval. RECOMMENDATION: Receive Staff presentation and provide direction. Page 8 of8 Universal Design Draft Ordinance A With Mandatory Options \ <Sb 5L\ 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 ofthe 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 code 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 of this chapter. 020 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 A1l7.1: The most current version ofthe "Standard on Accessible and Usable Buildings and Facilities", commonly known as "ICC/ANSI Al17.1", 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 llA: 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. Page 1 of9 Attachment 1 Universal Design Draft Ordinance A With Mandatory Options 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. ?-~5l\ Primary Entry: The principal entrance through which most people enter a building or residential unit, as designated by the Building Official. 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, section 310. 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. Visitable Residential Dwelling: A residential unit subject to the requirements ofthis chapter by virtue of being within the scope of this chapter as defined in section XXX.030. 030 Scope and Application New construction of all single-family, duplex, and triplex residential dwellings which an application for a building permit is submitted to the Building Division after the effective date of this chapter, shall be Visitable Residential Dwellings and be subject to this chapter. 040 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 ofthe 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. Page 2 of9 Universal Design Draft Ordinance A With Mandatory Options 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. ? t 9-\ 050 Standards: Primary Entrance: A. New Construction-Mandatory to Install: There are no mandatory installations related to a Primary Entrance in a Visitable Residential Dwelling. 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 XXX. 130 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 11 A. 3. The floor or landing at and on the exterior and interior side ofthe accessible entrance door that is either of the following: Consistent with the requirements of CBC Chapter llA; 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 section XXX.050 B 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. 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 offered. 060 Standards: Interior Routes: A. New Construction-Mandatory to Install: There are no mandatory installations related to Interior Routes in a Visitable Residential Dwelling. Page 3 of9 Universal Design 4: ~ 9{ Draft Ordinance A With Mandatory Options 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 xxx. 130 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 iflocated 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 ofthirty-six inches (36"). 070 Standards: Primary Floor Powder RoomlBathroom Entry and Facilities A. New Construction-Mandatory to Install: There are no mandatory installations related to the powder room, bathroom, or other facilities in a Visitable Residential Dwelling. 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 ofthe purchaser/owner, if requested when installation is consistent with section XXX.130 1. At least one powder room or bathroom, at the option of the purchaser/owner, on the primary entry level of a Visitable Residential Dwelling which complies with the requirements of CBC Chapter llA. 2. Clear space in the bathroom or powder room that is either: Consistent with the requirements ofCBC Chapter llA; or outside ofthe 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 A 117.1 Page 4 of9 Universal Design Draft Ordinance A With Mandatory Options S'b~ 4. Either ofthe following: Grab bar reinforcement consistent with CBC Chapter llA; or Grab bars installed in a manner consistent with CBC Chapter l1A for the water closet (toilet), shower/bath, or lavatory, or any combination thereof, at the option of the purchaser/owner. 5. Faucets and handles not requiring tight grasping, pinching, or twisting ofthe wrist and consistent with the requirements ofCBC Chapter l1A. 6. A lavatory or sink installed consistent with CBC Chapter llA. 7. A water closet (toilet) installed consistent with CBC Chapter l1A. 8. Removable cabinets under the lavatory/sink. 9. Where mirrors and towel fixtures are provided in the accessible bathroom or powder room, installation consistent with the requirements of CBC Chapter llA. 080 Standards: Kitchen and Facilities A. New Construction-Mandatory to Install: There are no mandatory installations related to a kitchen in a Visitable Residential Dwelling. 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 ofthe purchaser/owner, if requested when installation is consistent with section XXX.120. 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 Chapter llA. 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 aU-shaped kitchen; or At least a thirty-inch by forty-eight inch (30" x 48") clear space in front ofthe 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 ofthe purchaser/owner. 3. Sink controls consistent with CBC Chapter llA. 4. Adjustable sink and/or removable under-sink cabinets consistent with Chapter llA. 5. Hood fan controls at light switch level or lower level. 090 Standards: Common Use Room: Page 5 of9 Universal Design Draft Ordinance A With Mandatory Options b 'S S~ A. New Construction-Mandatory to Install: There are no mandatory installations related to a common use room in a Visitable 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 xxx. 130. 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. 100 Standards: Bedroom A. New Construction-Mandatory to Install: There are no mandatory installations related to a bedroom in a Visitable 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 xxx. 130: At least one bedroom on the accessible route of travel with all components meeting the requirements of section XXX. 120. 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 ifthe room complies with provisions for emergency escape and rescue and smoke alarms in the California Building Code. 110 Standards: Miscellaneous Areas A. New Construction-Mandatory to Install: There are no mandatory installations related to miscellaneous areas of a Visitable 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 XXX.130 Page 60f9 Universal Design Draft Ordinance A With Mandatory Options -1 61 8-\ t 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. 120 Standards: General Components A. New Construction-Mandatory to Install: There are no mandatory installations related to general components in a Visitable 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 XXX.130 1. Rocker light switches and controls installed pursuant to either of the following: In all rooms required to be accessible and on the accessible route or throughout the balance of the residential dwelling unit. 2. 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 llA. 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. 3. The width of the level area on the side toward which an accessible door swings consistent with CBC Chapter l1A. 4. If the Building Official or owner/purchaser determines that the accessible route and doorway width options prescribed by Chapter llA 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.] Page 7 of9 Universal Design Draft Ordinance A With Mandatory Options ctdb~ 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. 5. Hand-activated door hardware complying with CBC Chapter llA. 6. Flooring throughout the residential dwelling unit consistent with CBC Chapter llA 7. The installation of all receptacle outlets, lighting controls and environmental controls throughout the balance of the residential dwelling unit must comply with CBC Chapter llA or applicable provisions of the California Electrical Code. 8. 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 llA standards. 130 Standards: New Construction-Permissive Options A. The developer or builder of a Visitable Residential Dwelling must offer an opportunity to select any the features listed in this chapter to an owner or prospective owner of a Visitable Residential Dwelling at the earliest feasible time after the owner, purchaser, or prospective purchaser is identified. B. The developer or builder of a Visitable 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 Visitable 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 to be in compliance with this chapter. 140. 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, Page 8 of9 Universal Design .::;r rSi....'. G,\ Draft Ordinance A) With Mandatory Options 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. Violations - Penalties. See Section 1.04.030 of the Municipal Code 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. Page 9 of9 Universal Design Draft Ordinance B With Mandatory Installation Requirements .'-:\ 61 91. i) 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 ofthis code 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 of this chapter. 020 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, Chapterl1A. ANSI Al17.1: The most current version of the "Standard on Accessible and Usable Buildings and Facilities", commonly known as "ICC/ ANSI Al17.1 ", 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 11A: Chapter llA 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. Page 1 of9 ATTACHMENT 2 Universal Design Draft Ordinance B With Mandatory Installation Requirements 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. q ~) 9-\ 'J Primary Entry: The principal entrance through which most people enter a building or residential unit, as designated by the Building Official. 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, section 310. 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. Visitable 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 XXX.030. 030 Scope and Application New construction of all single-family, duplex, and triplex residential dwellings which an application for a building permit is submitted to the Building Division after the effective date of this chapter, shall be Visitable Residential Dwellings and be subject to this chapter. 040 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. Page 2 of9 Universal Design Draft Ordinance B With Mandatory Installation Requirements 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. \").- cb 9-\ 050 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 offered. 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 XXX.130 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 l1A; 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 section XXX.050 B 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. 060 Standards: Interior Routes: A. New Construction-Mandatory to Install: There are no mandatory installations related to Interior Routes in a Visitable Residential Dwelling. Page 3 of9 Universal Design Draft Ordinance B With Mandatory Installation Requirements 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 XXX.130 '3 "6~' 1. At least one accessible route through the hallways consistent with the requirements of CBC Chapter llA from the accessible entrance ofthe 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 ofthirty-six inches (36"). 070 Standards: Primary Floor Powder RoomlBathroom 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 Visitable Residential Dwelling. 1. Grab bar reinforcement consistent with CBC Chapter l1A for the water closet (toilet) andshowerorbmhtub. 2. Faucets and handles not requiring tight grasping, pinching, or twisting of the wrist and consistent with the requirements ofCBC Chapter llA. 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 ofthe purchaser/owner, if requested when installation is consistent with section XXX.130 1. At least one powder room or bathroom, at the option of the purchaser/owner, on the primary entry level of a Visitable Residential Dwelling, which complies, with the requirements of CBC Chapter llA. Page 4 of9 Universal Design Draft Ordinance B With Mandatory Installation Requirements I ~ J.b <3'-\ 2. Clear space in the bathroom or powder room that is either: Consistent with the requirements ofCBC Chapter llA; 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 Al17.1 4. Grab bars installed in a manner consistent with CBC Chapter l1A 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 llA. 6. A water closet (toilet) installed consistent with CBC Chapter llA. 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 l1A. 080 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 Visitable Residential Dwelling. 1. Sink controls consistent with CBC Chapter llA. 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 ofthe purchaser/owner, if requested when installation is consistent with section XXX. 120. 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 Chapter llA. 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 aU-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 llA. Page 5 of9 Universal Design Draft Ordinance B With Mandatory Installation Requirements 4. Hood fan controls at light switch level or lower level. IS i9-\ 090 Standards: Common Use Room: A. New Construction-Mandatory to Install: There are no mandatory installations related to a common use room in a Visitable 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 XXX.l30. 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 ofthe 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. 100 Standards: Bedroom A. New Construction-Mandatory to Install: There are no mandatory installations related to a bedroom in a Visitable 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 ofthe purchaser/owner, if requested when installation is consistent with section XXX. 130: At least one bedroom on the accessible route of travel with all components meeting the requirements of section XXX.120. 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. 110 Standards: Miscellaneous Areas A. New Construction-Mandatory to Install: There are no mandatory installations related to miscellaneous areas of a Visitable Residential Dwelling. Page 6 of9 Universal Design Draft Ordinance B With Mandatory Installation Requirements 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 XXX.130 r~ 5):0 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. 120 Standards: General Components A. New Construction-Mandatory to Install. The following item(s) shall be installed in all Visitable Residential Dwelling 1. Hand-activated door hardware complying with CBC Chapter llA. 2. Rocker light switches and controls or light switches and controls meeting the requirements of ANSI Al17.1 or the CBC Chapter llA. 3. The installation of all receptacle outlets, lighting controls and environmental controls throughout the residential dwelling unit must comply with CBC Chapter llA or 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 cost ofthe purchaser/owner, if requested when installation is consistent with XXX.130 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 llA. 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 consistent with CBC Chapter llA. 3. If the Building Official or owner/purchaser determines that the accessible route and doorway width options prescribed by Chapter llA 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. Page 7 of9 Universal Design Draft Ordinance B With Mandatory Installation Requirements il (.,~ Y\ 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 Al17.1 may be used throughout this chapter when CBC Chapter 11 A does not contain specific standards or when the ANSI Standards are equivalent to the Chapter l1A standards. 130 Standards: New Construction-Permissive Options A. The developer or builder of a Visitable Residential Dwelling must offer an opportunity to select any the features listed in this chapter to an owner or prospective owner of a Visitable Residential Dwelling at the earliest feasible time after the owner, purchaser, or prospective purchaser is identified. B. The developer or builder of a Visitable 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 Visitable 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 to be in compliance with this chapter. 140. Enforcement: A. It is unlawful for any person or entity to fail to comply with the requirements ofthis chapter. Page 80f9 Universal Design Draft Ordinance B With Mandatory Installation Requirements B. Violation of any provision ofthis 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. t'l; diJ ~ C. Violations - Penalties. Violations of any provision of this chapter shall constitute a misdemeanor and shall be punishable by imprisonment in the County Jail not exceeding six (6) months, or by fine not exceeding one thousand dollars ($1,000), or by both. Notwithstanding the preceding sentence, or any other provision of this code, a violation of this chapter may, in the discretion of the designated enforcement officer, be charged and prosecuted as an infraction. See 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. Page 9 of9 CITY CLERK File # om[9n]-[]O] rq 4J;\ AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 5,2006 SUBJECT: Universal Design Ordinance Report by Gregory Shreeve, Building Official and Kristi Bascom, Senior Planner ATTACHMENTS: 1) Sample State of California New Home Universal Design Checklist. State-certified Model Universal Design Ordinance. 2) RECOMMENDATION: .~... ~ '-___.J 1) 2) Receive Staff Report; and Provide direction to Staff on whether a Universal Design Ordinance should be prepared or whether the City Council is satisfied with the current State law requirements related to universal design. FINANCIAL STATEMENT: None at this time. However, if the Council determines at a later date that a local universal design ordinance should be implemented, there may be additional costs associated with plan checking and inspections. PROJECT DESCRIPTION: Background Adopted by the City Council and certified by the State in 2003, Dublin's Housing Element contains a number of policies aimed at promoting equal housing opportunities for Dublin residents. Program E.2.1 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." In an effort to implement this program of the Housing Element, the City Council listed as a high priority goal in the 2006/2007 Goals and Objectives, the preparation of a universal design ordinance for adoption as an amendment to California Building Code requirements. In an effort to assist the City Council in determining the feasibility and desirability of adopting a universal design ordinance, Staff has prepared some background information to describe the current universal design requirements that are dictated by State law, and also information on the limitations that are now in place for the text of any local ordinance related to universal design. 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. ------------------------------------------------------------------------------------------------------------- COPY TO: File Page 1 of 4 ITEM NO..-B3 Attachment 3 G:\Universal Design Ordinance\CC Staff Report informational.doc Universal design benefits persons of all ages and abilities, including seniors and persons with disabilities. The concept behind universal design is that, if desired, a new 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 higher on the wall and easier to reach, and grab bars in baths and showers to provide stability and support. ~ cfa S'-' The guiding principles behind universal design are that the features should be useful to people with diverse abilities, are easy to understand and utilize, require limited physical effort, and provide appropriate space and size regardless ofthe user's body size, posture, or mobility. Current State requirements regarding universal design In 2003, the California State Legislature adopted Assembly Bill AB 1400, which requires a builder of new, for sale residential units, to provide potential buyers with a checklist of universal design features that could be included in their new home (Attachment 1). AB 1400, which later became Section 17959.6 of the California State Health and Safety Code, requires the builder to offer the checklist and inform the consumer of the status of availability of these universal design features, but it does not require the builder to actually offer or install any particular feature. The State-certified checklist, which must be provided to the potential buyer, is divided into 3 sections, as follows: Part I includes those features related to exterior adaptations, doors and openings, interior adaptations, kitchens, and bathrooms or powder rooms. Part II includes features that apply to other parts of the house and are commonly requested or considered universal design features. Part III provides space for details, or for any other external or internal feature that may be requested, if it is requested at a reasonable time by the buyer, is reasonably available, is reasonably feasible to install or construct, and makes the home more usable and safer for a person with any type of activity limitation or disability. For each of the universal design features on the checklist, the builder is required to identify the four following categories: 1. Status: Whether the feature is standard, limited, an option, or not available, as determined by the builder. 2. Timing: By what stage in construction the feature must be requested (such as "any time", "before foundation", "before framing", or "before internal wall covering"), with actual times selected by the builder. 3. Details: Whether or not there are additional details or specified modifications from the Building Code. 4. Cost: Optional labor and materials costs (estimated by the builder). Not every feature listed on the checklist must actually be available or offered by the builder. In addition, certain items must be requested prior to certain phases of construction, as specified by the builder. The builder may also provide estimated costs for the special features. A builder is not required to install the listed features unless the builder offers them and both of the following occur: (1) the buyer requests them with the specified phase of construction, and (2) the buyer agrees to provide payment for the features. Attachment 1 to this Staff Report is a sample State of California New Home Universal Design Checklist for one of the multi-story residential projects currently under construction in Dublin. As the checklist indicates, many of the universal design features on the checklist are already offered as a standard feature in this development. Also, there are a number of features that are offered as options that the future buyer could choose to have installed, and there are few features that are not offered at all. This sample checklist indicates that although builders are not required to offer the features (they are only required to provide the checklist), many of the features are being offered as required by other State laws and market demands. r11 /( -61> b~ Under the State Law requirements, the City of Dublin plays no role in enforcing whether the checklist is actually provided to each new homebuyer, and it is up to the builder to comply with State Law. However, through the City's plan check process, the City Building Division does verify that the builder has a checklist to provide to future homeowners in compliance with Section 17959.6 of the California State Health and Safety Code. ANALYSIS: Optional Local Ordinance Some jurisdictions in the State of California have adopted local ordinances requiring universal design features in new homes. In 2005, the State of California Department of Housing and Community Development (HCD) certified a model Universal Design Ordinance that can be adopted voluntarily by cities and counties (Attachment 2). The model ordinance has been drafted and certified by the State of California Department of Housing and Community Development as required by another State Assembly Bill, AB 2787, so if a city chooses to adopt a local ordinance to address universal design requirements, the ordinance must be adopted in substantially the same form as the model ordinance, which does not allow for much deviation to tailor the ordinance to local conditions. The model ordinance identifies rooms and denotes features which must be offered by a builder in residential units subject to the ordinance that are being newly-constructed or substantially rehabilitated. Such features must only be installed if requested by the buyer/owner and which would not cause an unreasonable delay or significant un-reimbursable costs to the developer or builder. Because the model ordinance states which universal design features must be offered to homeowners (but not installed unless chosen), the requirements are above and beyond the current State law, which simply requires that the checklist of universal design features and their availability be provided to future homeowners. In general, the model ordinance provides definitions for critical terms related to universal design, local options as to types and number of units (owner-occupied and/or rental) to which the ordinance will be applied, and specific exemptions and enforcement mechanisms. The model ordinance also contains examples of rooms and areas in covered units for which it is mandatory to offer certain design features, such as an accessible path of travel to dwelling, at least one bathroom or powder room on the primary entry level, handrail and handrail reinforcement in hallways, and entry door high/low peep hole viewer. Under the model ordinance, it is not required that the builder install any feature nor is it required that the builder is responsible for paying the cost of installing the feature. If a local ordinance is adopted, the City will then be in the role of enforcing whether or not the ordinance is complied with through the building permit process. Other California Building Code requirements related to adaptability/accessibility In addition to the various universal design features that can be provided in any type of residential unit, there are other State mandates that also provide accessible features in certain types of homes. '):L 6! ~ IJ In multi-family developments where there are more than 4 units and there is an elevator (i.e The Terraces at Dublin Ranch), California Building Code requires that all single-level units be adaptably-designed. This requirement exceeds universal design requirements in that features such as handrail reinforcement inside the walls not only need to be offered, but they need to be installed by the builder. This would allow the unit to be adapted at a later date to be disabled-accessible. Another requirement ofthe California Building Code for multi-family developments where there are more than 4 units that are designed as a townhouse (multi-level) style (i.e. The Willows project by Braddock. and Logan), is at least 10% of the units in the development must provide an accessible entrance to the ground floor, an accessible room on the ground floor, and an accessible bathroom on the ground floor (unless exempted by site impracticality). Additionally, all other rooms on the primary entry level in these units shall also be accessible. These State-mandated requirements ensure that multi-family projects (more than 4 units in size), include features that often exceed the universal design standards and provide accessibility for future residents. Options for City Council consideration Staff is seeking direction from the City Council as to whether a local universal design ordinance should be prepared. If a local ordinance is prepared, State law requires that the local ordinance be substantially the same as the State model ordinance. If the City Council determines that a local universal design ordinance will not offer a community benefit that is not already being met by the State requirements explained in this Staff report, a local ordinance will not be prepared. In this case, the State requirements to provide notification to future homeowners of the availability of universal design features (through the existing checklist process) in combination with the other State requirements to provide accessible and adaptable units and features in multi-family residential buildings, will continue to address the need for accessible and adaptable units. If the City Council directs Staff to prepare a local ordinance, Staff proposes to bring the draft ordinance to the Housing Committee for their review and input, and Staff will also schedule a meeting with developers and building industry professionals to solicit their input. After feedback is received from these two groups, Staff will finalize the draft ordinance for City Council review and approval. RECOMMENDATION: Staff recommends that the City Council provide direction to Staff on whether a Universal Design Ordinance should be drafted or whether the City Council is satisfied with the current State law requirements related to universal design. SAMPLE STATE OF CALIFORNIA J- '3-~ NEW HOME UNIVERSAL DESIGN CHECKLIST (AB 1400) Name of Development, if applicable Home/Lot AddressllD Developer (Contact) Name~---=-~' Phone# ' I _ _ fax~ Address ""'.,p'" A , ,,,,, "---'---- California law, section 17959.6 of the Health and Safety Code, requires a builder of new for-sale residential units to provide potential buyers with a list of specific "universal design features" which make a home safer and easier to use for persons who are aging or frail, or who have certain temporary or permanent activity limitations or disabilities. Part I of this Checklist includes those features related to exterior adaptations, doors and openings, interior adaptations, kitchens, and bathrooms or powder rooms. Part II of this Checklist includes features which apply to other parts of the house and are commonly requested or considered universal design features. Part III provides space for details, or for any other external or internal feature that may be requested, if it is requested at a reasonable time by the buyer, is reasonably available, is reasonably feasible to install or construct, and makes the home more usable and safer for a person with any type of activity limitation or disability. All features covered by "Chapter 11A" of the California Building Code -(Title 24, CA Code of Regulations, Part 2) are identified by an asterisk (*) and must comply with that Chapter unless otherwise specifically provided. All features not in Chapter 11A must be selected and installed in a workmanlike manner by the builder unless they are further described in Part III. Not every feature listed must actually be available or offered by the builder. In addition, certain items must be requested prior to certain phases of construction, as specified by the builder. The builder may provide estimated costs for the special features. The features must be installed and comply with Chapter 11A, unless the builder and buyer agree in writing to different standards than those in Chapter 11 A and the differences are clearly disclosed in Part III. A builder is not required to install the listed features unless the builder offers them and both ofthe following occur: (1) the buyer requests them with the specified phase of construction, and (2) the buyer agrees to provide payment for the features. .Any violation of this law is enforced by the local building department and local public prosecutors, and is punishable by civil penalties. The attached chart lists the specific features which must be disclosed, as well as others commonly requested but not required by law. There are four categories for each feature: · "status": whether it is standard ("S"), limited ("L"), an option ("0"), or not available ("NN), all as determined by the builder. · "Timing": by what stage in construction it must be requested (such as "any time", "before foundation", "before framing", or "before internal wall covering"), with actual times selected by the builder. · "Details": whether or not there are additional details or specified modifications from the Building Code listed in the "Additional Details" section, Part III (e.g., "Yes" or "No"). · Cost": optional labor and materials costs which may be estimated by the builder. 'is ' 3 q /5 lOb Attachment 1 -}o A+t~.3 Model Universal Design Checklist (10/28/05) Page 2 ?-lf~~ PART I: General Exterior and Interior Components and Features Feature Status Timinq Details Cost Exterior Adaptations Accessible route of travel to dwelling from public sidewalk or thoroughfare to primary entrance -S-- $- Graded path* Ramp* =f $- Driveway to graded path $- No-step entry (1/2" or less threshold)* ...s.- $- Accessible landscaping of at least one side yard ~ $- and rear yard Accessible route from garage/parking to home's primary enttY -S- $- Accessible route from garage/parking to secondary entry ---S.. $- Other options offered by builder [List in Part III} Exterior Doors, Openings, and Entries: -S- $- Minimum 32" clear primary entry doorway" Minimum 32" clear secondary entry doorway" --S- $- Primary entry accessible intemal/extemal maneuvering clearances, hardware, thresholds. and strike edge clearances* ~ $- Secondary entry accessible internal/external maneuvering $- clearances, hardware, thresholds. and strike edge clearances* .-S- ~ AJO Primary entry accessible/dual peephole and doorbell I!- $M. Primary entry door sidelight/window $- Accessible sliding glass door and threshold height" 1= $- Weather-sheltered entry area $- Other options offered by builder lList in Part III} General Interior ModIfications Accessible route of travel to at least one bathroom/powder room, $- kitchen, and common room* J.A. Accessible route of travel: other areas* ~ $- 42" wide hallways/maneuvering clearances with 32" clear 't/A- $- doorways on accessible route* . AI. 39" wide hallways/maneuvering clearances with 34" clear 1= $- doorways on accessible route* Accessible hallway and doorway widths: other areas" $- Accessible hardware, strike edge clearance. and thresholds for $- accessible doorways* ..2- Light switches, electric receptacles, and environmental and alarm 2 $- controls at accessible heights on accessible route/rooms* Ught switches, electric receptacles, and environmental and -2- $-- alarm controls at accessible heights on primary floor" Light switches, electric receptacles, and environmental and A!IA $-- alarm controls at accessible locations Vvtlen over barriers* Rocker light switches/controls on accessible route/rooms ~ $-- Rocker light switches/controls on primary floor ....s... ~ :E $":'-- Visual smoke/iire/carbon monoxide alarm JL $.dAtJ . Audio and visual doorbell N# $lSf). Audio and visual security alarm ~ I $- Closets on accessible route: adjustable (36"-60") rods/shelves ...:t2- $~, Abbreviation Meanings: Standards in CA Bldg Code (Chapter 11A). ("*"); Status: Standard ("S"), Limited ("L"), Option ("0"), or Not Available ("NA"); TiminCl: Any Time ("AT"), Before Foundation ("BFa"). Before Framing ("BFr") · Before Internal Wall Covering ("B1W"); Details: See Part III ("Y" or "Yes"). None ("N" or "No"). Model Universal Design Checklist (10/28/05) Page 3 d"S 0'1.> 9\ Featu re Status Timino Details Cost Nonslip carpet/floor for accessible route 2- $- Handrail reinforcement (1 side) provided in all accessible tL L $$5b, routes oftravel/rooms over 4 feet long J:L Handrails (1 side) provided in all accessible routes of U- L $55IJ. travel/rooms over 4 feet in length ..tL Handrail reinforcement (2 sides) provided in all accessible M- Y- $.J~.. routes of travellrooms over 4 feet in length 1L Handrails (2 sides) provided in all accessible routes of ..!l_ if y $~(). travel/rooms over 4 feet in length Handrail reinforcement or handrails installed in other areas ..IL L $.13]) Interior lifts/elevators: 1M/. Interior stairway lift $- Interior elevator iIt- $- Electrical and reinforcement for future lift $- Electrical and location for future elevator ;j1 $- Laundry Area, if provided: Accessible route of travel .-S.- $- Accessible workspace .2_ $- Accessible cabinets ...2_ $- Accessible appliances ~ $- Other options offered by builder [List in Part III] Kitchen At least one kitchen on accessible route oftravel ~ $- Adequate worklfloor space in '!Tont of: ..s.... $- Stove (specify 30"x48" or greater)" Refrigerator (specify 30"x48" or greater)* --S- $- Dishwasher (specify 30"x48" or greater)" ~ $- Sink (specify 30"x48" or greater)* ~ $- Oven Of separate) (specify 30"x48" or greater)* ..:L $- U-shaped kitchen space requirements* ~ $- Other (specify 30"x48" or greater)* Accessible appliances (doors, controls, etc.) $- Stove T Refrigerator $- Dishwasher -1 $- Sink $- Oven (if not part of stove) ~ ;fZ ~ $ Microwave/receptacle at countertop height -'L $~. Oth er appliances Accessible countertops All or a speciiied portion repositionable* # /A $- One or more breadboards at 15"wide* and 28"-32" high L :E $ One or more counter areas at 30" wide* and 28"_32" high.-JL ~ ~4)l'. One or more workspaces at 30" \rVide with kneeltoe space " (U'O. .Oth er features Cabinets: ~ =f Base cabinets: pull-out and/or Lazy Susan shelves -D- $~tlO. Wall cabinets: pull-out and/or Lazy Susan shelves /;A ~ $ '4. Additional interior lighting $- Additional under-cabinet lighting ~ I $ Accessible h an dlesl/touch latches for doors/drawers JL lifiJ $~. Abbreviation Meanings: Standards in CA Bldg Code (Chapter 11A), ("*"); Status: Standard ("S"), limited ("L"), Option ('0"), or N at Available ("NA"); TiminCl: Any Time ("A T'), Before Foundation ("BFo"), Before Framing ("BFr") , Before Internal Wall Covering ("B1W'); Details: See Part III ("Y" or "Yes"). None (liNn or "No"). Model Universal Design Checklist (l0/28/05) Page 4 ;2~ is"''' 5\ t Feature Status Timinq Details Cost Under-cabinet roll-out carts ~ $- Oth er fe atures Sink: i1/!- Repositionable height* $- Removable base cabin ets under sink* !..2.. $- Single-handle lever faucet* 5_ $- Hose/sprayer feature ..2_ r. $ Anti-scald device .....a_ M- $~. Oth er features Contrasting Colors: ji t $J&? Edge border of cabinets/counters JL Flooring: in front of appliances JL $~: Flooring: on route of travel -'2._ $ ~. Oth er fe atu res Other options offered by builder [List in Part III] Bathroom/Powder Room At least one full bathroom on accessible route of travel -5-- $- Maneuvering Space (For bathrooms and powder roo~) Maneuvering space diameter 2- $- 30" x 48" turning area* 60" diametertuming area ..5- $- Clear space for toilet an d sin-k $- 36" x 36" clear use area ..5 30" x 48" clear use area* -2.. $- Bathtub and/or shower (For bathrooms only) $- Standard bathtub with grab bar reinforcement* ....5- ~ ~ Standard bathtub with grab bars* -1L $ .3fg). Accessible bathtub (size* and handles) J:L $~. Stan dard shower with grab bar reinforcement* ~ $- Standard shower with grab bars* $- Accessible (roll-in) shower"" $- Single-handle lever faucets* ~- ;y. y $- Offset controls for exterior use J:L $~CO. Toilet (For bathrooms or powder room) ~- $ Stan dard toilet with grab bar reinforcement* :f Standard toilet with 9lO;b bars* JL ~ $~. Accessible toilet with grab bars* JL $300. Sink/Lavatory (For bathrooms or powder room) ~ l $J!' Standard with undersink cabinets ..D.._ Standard with removable base cabinets* JL 1 $ . Pedestal or open front* J:L -t- $ . Accessories (For bathroom or powder room) ~ " $ /t;/J. Lower/accessible medicine chest .J:L Accessible cou nter space near sin k =1= y $~. Single-handle lever faucets* it $- Anti-scald devices for sink -0- $~. Accessible handles/ltouch latches for doors/drawers 1L $:6.fltJ. Lower towel rack(s) ...P_ $bJ4. Lower/tilted mirror(s) JL $LS/) · Contrasting floor color JL $~' Fold-downfflXed shower seat(s) .1L $ ~ Abbreviation Meanings: Standards in CA Bldg Code (Chapter 11A), (',*"); Status: Standard ("S"), Limited ("l"), Option ("0"), or Not Available ("NAj; TiminQ: AnyTime ("ATIJ), Before Foundation ("BFa"), Before Framing ("BFf') , Before Internal Wall Covering ("BIWIJ); Details: See Part III ("Y" or "Yes"). None (''N" or "No"). Model Universal Design Checklist (10/28/05) Page 5 ).1 vD 51 Feature Status Timinq Details Cost Accessible toilet tissue holder ~ ~ "I- $- H and-held adjustable shower spray unit(s) JL $~. Other options offered by builder [List in Part III] Part II: Other Components and Features Com mon Room Dining room on accessible route of travel'" ~ $- Living room on accessible route of travel'" ..5_ $- Den on accessible route of travel* NJA. $- Split-level common room with accessible route oftravel* :H $- No split level common room* ~- $- Other options offered by builder [List in Part Ill] Bedroom One bedroom on accessible route of travel ~ $- Two or more bedrooms on accessible route of travel ~ $- Closets have minimum 32" clear opening* $- Larger 'Walk-in" closets ~ r $ Closets have adjustable (36"-60") shelves and bars ....(L U- $ Jil5l>. Other options offered by builder [List in Part Ill] Laundry Area Laundry area on accessible bath of travel S- $- Accessories: Accessible workspace ~ I i ~. Accessible cabinets ~ Accessible handles/ltouch latches for doors/drawers $~. Accessible appliances 1:L $.?5fJd. Other options offered by builder [List in Part III] Abbreviation Meanings: Standards in CA Bldg Code (Chapter 11A), ("*"); Status: Standard ("S"), Limited ("L"), Option ("0''), or Not Available ("NA"); Timing: AnyTime ("AT'), Before Foundation ("BFa"), Before Framing ("BFr") , Before Internal Wall Covering ("BIW'); Details: See Part III (''Y'' or ''Yes''), None ("N" or "No"). Model Universal Design Checklist (10/28/05) Page 6 )t en 5'\ Part III: Additional Details. Components. or Features A. External Features: Buyer Request (Any other additional external feature requested at a reasonable time by the buyer that is reasonably available and reasonably feasible to install or construct and makes the residence more usable for a person with activity limitations or disabilities in order to accommodate them). These may include features such as high-visibility address numbers, electronic garage door openers, additional lights, door bench or pack~ shelf, oversize garage, zero-step house/garage entry, etc. (Attached as Part III. A: __Yes _No) B. External Features: Builder Offer (Any other additional external feature offered to the buyer by the builder that makes the residence more usable for a person with disq,bilities or activity limitations in order to accommodate then). (Attached as Part III.B: _Yes ~No) C. Internal Features: Buyer Request (Any other additional internal feature requested at a reasonable time by the buyer that is reasonably available and reasonably feasible to install or construct and makes the residence more usable for a person with activity limitations or disabilities in order to accommodate them). These may include features such as lowered window sills (under 36"), additional lighting, "touch" luminous light switches, automatic internal lights, additional wiring for electronic features, lighted closets, air filtrati07n systems, larger/more a utomatic thermostats, pocket doors, etc. (Attached as Part IIl.e: _Yes __N) D. Internal Features: Builder Offer (Any other additional internal feature offered to the buyer by the builder that makes the residence more usable for a person with act~ty limitations or disabilities in order to accommodate them). (Attached as Part 111.0: _Yes ~No) E. Variation from State Chapter 11A Standards: (Any mutually agreed-upon features with standards different than Chapter 11A of the California Building C9de, including clearly identified deviations from those standards). (Attached as Part III.E: __Yes ~No) F. Additional features or requirements: (Any mutually agreed-upon features not covered by Chapter 11A of the California Building Code for which additional detail would be helpful to the builder and buyer, including clearly identified standards.) (Attached as Part III.F: _Yes _No) Form Provided by Builder to Buyer: Builder Initials/Date Buyer Initials/Date No Universal Design Features Requested: Buyer Signature/Date Universal Design Features Identified And Agreed To By Builder and Buyer: Buyer Signature/Date Builder Signature/Date Abbreviation Meanings: Standards in CA Bldg Code (Chapter 11A), (...."); Status: Standard ("S"), Limited ("L"), Option ("0"), or Not Available ("NA''); Timing: AnyTime (OAr), Before Foundation ("BFo"), Before Framing ("BFr") , Before Internal Wall Covering CBIW"); Details: See Part III ("Y" or "Yes"), None ("NO or "No"). )9% ~ HCD Model Universal Desiqn Local Ordinance (AB 2787l I. Purpose and Intent [To be provided by adopting local government) II. Findinqs [Required by H&SC section 17959-to be provided by local government] II I. Definitions. For the purpose of this [ordinance/chapter), the following terms shall have the following definitions: Accessible: Consistent with or as defined by the California Building Code, Chapter 11A. ANSI A117.1: The most current version of the "Standard on Accessible and Usable Buildings and Facilities", commonly known as "ICC/ANSI A 117.1 ", published by the International Code Council and American National standards Institute, Inc. Bathroom: A room containing a toilet (water closet), 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. Building Department: As defined by the California Building Code. Building Official: As defined by the California Building Code. CBC, Chapter 11 A: Chapter 11A of the California Building Code (located in Part 2, Title 24, California Code of Regulations), or its successor provisions. CitylCounty Financial Assistance: [if applicable, local government shall define consistent with local ordinances, and may include or exclude any local funds: local tax- exempt or taxable bonds, redevelopment agency funds, general funds, housing trust fund or impact funds, etc.] CitylCounty Nonfinancial Assistance: [if applicable, local government shall define consistent with local ordinances, and may include expedited or front-of-the-line permit processing, density bonuses or other discretionary zoning approvals, specified fee waivers, etc.] Common Use Room: A room commonly used by residents or guests to congregate. Condominium: As defined by the California Building Code. Custom-built: home: [Local government shall define consistent with local ordinances.] Dwelling Unit: As defined by the California Building Code. New Construction: [Local government shall define consistent with local ordinances. However, the definition for "new construction" shall explicitly exclude "substantial rehabilitation" as defined in this ordinance.) 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 toilet (water closet) and lavatory (sink), but no bathtub or shower. It includes a compartmented powder room in which the fixtures are distributed among interconnected rooms. Model UD Ordinance-lO-31-05-Final 1 ATTACHMENT 2 1u ftf'f~.~ ..3 -:;0 4~ O'j\ Primary Entry: The principal entrance through which most people enter a building or residential unit, as designated by the Building Official. 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: [Define consistent with local ordinances] 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. Visitable Residential Dwelling: A residential unit subject to the requirements of this [ordinance/chapter] by virtue of being within the scope of this [ordinance/chapter] as defined in [section IV, below, and "Standards" paragraphs]. IV. Scooe and Aoolication A. Unit Coverage: [_ percent L%) of OR All] residential dwelling units which are, or are intended to be, [owner-occupied OR rental OR owner-occupied and rental] for which an application for a new construction building permit is submitted to the Building Department 30 or more days after the effective date of this [ordinance/chapter]; and L percent L%) of OR all] residential dwelling units which are, or are intended to be, [owner- occupied OR rental OR owner-occupied and rental] for which an application for a substantial rehabilitation building permit is submitted to the Building Department 30 or more days after the effective date of this [ordinance/chapter] shall be Visitable Residential Dwellings. [NOTE: If less than 100% of any option is selected, the administrative process for identifying or determining which residential dwelling unit or units will be subject to the ordinance/chapter shall be specified in this ordinance/chapter by the city/county.] B. Unit Types: New construction and substantial rehabilitation of the following types of residential dwellings shall be subject to this [ordinance/chapter]: [The city/county must choose either B. 1 or B.2, or an option which is substantially the same.] Option 8.1. All single-family, duplex, and triplex residential dwellings except for custom-built homes. Option B.2. All single-family, duplex, or triplex residential dwellings only in developments in which at least five single-family, duplex and triplex residential dwellings, or any combination thereof, are being constructed within a one-year period, except for custom-built homes. V. Exemptions A. When the applicant adequately demonstrates and the Building Official determines that compliance with any portion of any regulation under this [ordinance/chapter] would create an undue hardship, or that equivalent facilitation is not available, an exception to that portion of the regulation shall be granted. B. When the applicant adequately demonstrates and the Building Official determines that compliance with any portion of any regulation under this [ordinance/chapter] would create an undue hardship due to topographical conditions of the Model UD Ordinance-lO-31-05-Final 2 '<;l ~ 51 site [and/or 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 shall be granted. C. When the applicant adequately demonstrates and the Building Official determines that a residential dwelling unit is being reconstructed or substantially rehabilitated as a result of a [natural disaster) [any disaster), an exemption to all or any portion of this [ordinance/chapter) shall be granted. D. This ordinance shall not be applicable to any residential structure constructed or substantially rehabilitated if the primary entry of that structure is above grade because the primary entry is located over subterranean or grade-level parking. VI. standards: Primary Entrance: A. New Construction-Mandatory to Install: There are no mandatory installations related to a Primary Entrance in a Visitable Residential Dwelling. 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 [paragraph XIV): 1. An exterior accessible route that is either: a. Consistent with the requirements of CBC Chapter 11A; or b. Not be less than forty inches (40") wide and not have a slope greater than one (1) unit vertical in twe nty (20) units horizontal. 2. The accessible primary entrance that is consistent with the requirements of CBC Chapter 11A. 3. The floor or landing at and on the exterior and interior side of the accessible entrance door that is either of the following: a. Consistent with the requirements of CBC Chapter 11A; or b. The width of the level area on the side to which the accessible entrance door swings shall extend t\.venty-four inches (24") past the strike edge of the door. 4. The exterior accessible entry door that is either: a. Consistent with the requirements of CBC Chapter 11A, or b. Have 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 [paragraph VI) with a thirty-t\.vo inch (32") net clear opening. Model UD Ordinance-lO-31-05-Final 3 ~ 2.. <fiJ sY, 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. 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 offered. C. Substantial Rehabilitation: Any substantial rehabilitation of the primary external entrance shall comply with the requirements of [subsection B ofthis paragraph VI], and all of the requirements and options in [subsection B paragraph XIII] applicable to 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 [paragraph XIV). VII. Standards: Interior Routes: A. New Construction-Mandatory to Install: There are no mandatory installations related to I nterior Routes in a Visitable 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 [paragraph XIV): 1. At least one accessible route through the hallways consistent with the requirements of CBC Chapter 11A 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 11A on one or both sides of the accessible route, atthe 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"). C. Substantial Rehabilitation: Any substantial rehabilitation of the interior route which leads to one primary floor powder room or bathroom shall comply with the requirements of [subsection B of this paragraph VII] and the requirements and options in Model UD Ordinance-1O-31-05-Final 4 '33 <rb ~J [subsectionB of paragraph XIII] applicable to the interior 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 [paragraph XIII]. VIII. standards: Primary Floor Powder Room/Bathroom Entry and Facilities A. New Construction-Mandatory to Install: There are no mandatory installations related to the powder room, bathroom, or other facilities in a Visitable Residential Dwelling. 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 [paragraph XIV]: 1. At least one powder room or bathroom, at the option of the purchaser/owner, on the primary entry level of a Visitable Residential Dwelling which complies with the requirements of CBC Chapter 11A. 2. Clear space in the bathroom or powder room that is either: a. Consistent with the requirements of CBC Chapter 11A; or b. 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 A 117.1 4. Either of the following: a. Grab bar reinforcement consistent with CBC Chapter 11A; or b. Grab bars installed in a manner consistent with CBC Chapter 11A for the toilet, shower/bath, or lavatory, or any combination thereof, at the option of the purchaser/owner. 5. Faucets and handles not requiring tight grasping, pinching, or twisting of the wrist and consistent with the requirements of CBC Chapter 11A. 6. A lavatory or sink installed consistent with CBC Chapter 11A. 7. A toilet installed consistent with CBC Chapter 11A. 8. Removable cabinets under the lavatory/sink. 9. Where mirrors and towel fixtures are provided in the accessible bathroom or powder room, installation consistent with the requirements of CBC Chapter 11A. Model UD Ordinance-1O-31-05-Final 5 ~l.t. ~ ~ C. Substantial Rehabilitation: Any substantial rehabilitation of one powder room or bathroom on the route from the primary entrance shall comply with the requirements of in [subsection B of this paragraph V///] and the requirements and options in [subsection B of paragraph XIII] applicable to that bathroom or powder room shall be offered and, if accepted, installed at the request and cost of the purchaser/owner, if requested when installation is consistent with [paragraph XIV). IX. standards: Kitchen and Facilities A. New Construction-Mandatory to Install: There are no mandatory installations related to a kitchen in a Visitable Residential Dwelling. 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 [paragraph XIII): 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 Chapter 11A. 2. One or more of the following, at the purchaser/owner's option: a. 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; b. 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); c. 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. Sink controls consistent with CBC Chapter 11A. 4. Adjustable sink and/or removable under-sink cabinets consistent with Chapter 11A. 5. Hood fan controls at light switch level or lower level. C. Substantial Rehabilitation: For any substantial rehabilitation of a kitchen on the primary entry level, there are no requirements either to install or offer any installations or components. X. Standards: Common Use Room: A. New Construction-Mandatory to Install: There are no mandatory installations related to a common use room in a Visitable Residential Dwelling Model UD Ordinance-lO-31-05-Final 6 3$' ~ ~ 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 [paragraph XIV]: 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/ownerJn 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. C. Substantial Rehabilitation: For any substantial rehabilitation of a common use room on the primary entry level, there are no requirements either to install or offer any installations or components. XI. standards: Bedroom A. New Construction-Mandatory to Install: There are no mandatory installations related to a bedroom in a Visitable 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 [paragraph XIV]: At least one bedroom on the accessible route of travel with all components meeting the requirements of [paragraph XIII]. A closet shall have at least a thirty-mo 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. C. Substantial Rehabilitation: For any substantial rehabilitation of a bedroom on the primary entry level, there are no requirements either to install or offer any installations or components. XII. Standards: Miscellaneous Areas A. New Construction-Mandatory to Install: There are no mandatory installations related to miscellaneous areas of a Visitable Residential Dwelling. Model UD Ordinance-lO-31-05-Final 7 j~ 1> ~ 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 [paragraph XIV]: 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. C. Substantial Rehabilitation: For any substantial rehabilitation of a miscellaneous area on the same floor as the primary entry, there are no requirements either to install or offer any installations or components. XIII. Standards: General Components A. New Construction-Mandatory to Install: There are no mandatory installations related to general components in a Visitable 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 [paragraph XIV]: 1. Rocker light switches and controls installed pursuant to either of the following: a. In all rooms required to be accessible and on the accessible route. b. Throughout the balance of the residential dwelling unit. 2. On 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. 3. The width of the level area on the side toward which an accessible door swings consistent with CBC Chapter 11A. 4. 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") wide 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.] Model UD Ordinance-1O-31-05-Final 8 ~1 '1 1\ 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") wide 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. 5. Hand-activated door hardware complying with CBC Chapter 11A. 6. Flooring throughout the residential dwelling unit consistent with CBC Chapter 11A 7. The installation of all receptacle outlets, lighting controls and environmental controls throughout the balance of the residential dwelling unit must comply with CBC Chapter 11A or applicable provisions of the California Electrical Code. 8. standards pertaini ng to residential structures from ANSI A 117.1 may be used throughout this [ordinance/chapter] when CBC Chapter 11A does not contain specific standards or when the ANSI Standards are equivalent to the Chapter 11A standards. XIV. Standards: New Construction or Substantial Rehabilitation-Permissive Options A. The developer or builder of a Visitable Residential Dwelling must offer an opportunity to select any the features listed in this [ordinance/chapter] to an owner or prospective owner of a Visitable Residential Dwelling at the earliest feasible time after the owner, purchaser, or prospective purchaser is identified. B. The developer or builder of a Visitable Residential Dvvelling shall construct or install any requested features identified in this [ordinance/chapter] unless it would result in an unreasonable delay in the construction or significant unreimbursable costs to the developer or builder. C. The developer or builder of a Visitable 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 [ordinance/chapter). Model UD Ordinance-lO-31-05-Final 9 ~? ~t st\ XV. Enforcement: A. It is unlawful for any person or entity to fail to comply with the requirements of this [ordinance/chapter]. B. [Local option] The city/county may prescribe administrative, civil, or criminal penalties or consequences, or any combination thereof, for violations of this [ordinance/chapter] which are consistent with those applicable for what it deems comparable municipal provisions. These may include, but are not limited to, enforcement provisions of the State Housing Law, sections 17910, et seq., of the California Health and Safety Code; injunctive relief or civil penalties; and requiring compliance prior to issuance of a final inspection report or cerlificate of occupancy.] C. Remedies under this [paragraph/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. D. [Local Option] Whenever the Building Official or designee reinspects or otherwise takes any enforcement action against a residential dwelling unit which is governed by this [ordinance/chapter] to determine compliance with this [ordinance/chapter], the Building Official may assess fees against the owner to recover the costs to the [city/county] according to a fee schedule established by the [city/county]. The assessment and collection of these fees shall not preclude the imposition of any administrative or judicial penalty or fine for violations of this [ordinance/chapter] or applicable state laws or regulations. E. [Local Option] [The city/county may/shall develop a means of providing public certification as to any residential dwelling unit's compliance with this [ordinance/chapter]. No such certification shall be affixed to the residential dwelling unit or the property on which it is located without the authorization of the owner or renter.] XVI. Severability. [The city/county may adopt appropriate language.] XVII. Effective Date: [The city/county may adopt appropriate language.] Model UD Ordinance-lO-31-05-Final 10 ~~ ~ ~\ AGENDA STATEMENT HOUSING COMMITTEE MEETING DATE: September 19, 2006 SUBJECT: Universal Design Ordinance Report by Gaylene Burkett, Housing Assistant ATTACHMENTS: 1) Sample State of California New Home Universal Design Checklist. State-certified Model Universal Design Ordinance. 2) RECOMMENDATION: 1) Provide direction to Staff on whether a Universal Design Ordinance should: a) be prepared b) or whether the Housing Commission is satisfied with the current State law requirements related to universal design. FINANCIAL STATEMENT: None at this time. However, if the Council determines at a later date that a local universal design ordinance should be implemented, there may be additional costs associated with plan checking and inspections. PROJECT DESCRIPTION: Background Adopted by the City Council and certified by the State in 2003, Dublin's Housing Element contains a number of policies aimed at promoting equal housing opportunities for Dublin residents. Program E.2.1 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." In an effort to implement this program of the Housing Element, the City Council listed as a high priority goal in the 2006/2007 Goals and Objectives, the preparation of a universal design ordinance for adoption as an amendment to California Building Code requirements. In an effort to assist the City Council in determining the feasibility and desirability of adopting a universal design ordinance, Staff has prepared some background information to describe the current universal design requirements that are dictated by State law, and also information on the limitations that are now in place for the text of any local ordinance related to universal design. 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. Universal design benefits persons of all ages and abilities, including seniors and persons with disabilities. COPY TO: File Page 1 of 4 K:\Housing Committee\CC SR Universal Design.doc ITEM NO. Attachment 4 The concept behind universal design is that, if desired, a new 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 higher on the wall and easier to reach, and grab bars in baths and showers to provide stability and support. ~ c)b ~ The guiding principles behind universal design are that the features should be useful to people with diverse abilities, are easy to understand and utilize, require limited physical effort, and provide appropriate space and size regardless ofthe user's body size, posture, or mobility. Current State requirements regarding universal design In 2003, the California State Legislature adopted Assembly Bill AB 1400, which requires a builder of new, for sale residential units, to provide potential buyers with a checklist of universal design features that could be included in their new home (Attachment 1). AB 1400, which later became Section 17959.6 of the California State Health and Safety Code, requires the builder to offer the checklist and inform the consumer of the status of availability of these universal design features, but it does not require the builder to actually offer or install any particular feature. The State-certified checklist, which must be provided to the potential buyer, is divided into 3 sections, as follows: Part I includes those features related to exterior adaptations, doors and openings, interior adaptations, kitchens, and bathrooms or powder rooms. Part II includes features that apply to other parts of the house and are commonly requested or considered universal design features. Part III provides space for details, or for any other external or internal feature that may be requested, if it is requested at a reasonable time by the buyer, is reasonably available, is reasonably feasible to install or construct, and makes the home more usable and safer for a person with any type of activity limitation or disability. For each of the universal design features on the checklist, the builder is required to identify the four following categories: 1. Status: Whether the feature is standard, limited, an option, or not available, as determined by the builder. 2. Timing: By what stage in construction the feature must be requested (such as "any time", "before foundation", "before framing", or "before internal wall covering"), with actual times selected by the builder. 3. Details: Whether or not there are additional details or specified modifications from the Building Code. 4. Cost: Optional labor and materials costs (estimated by the builder). Not every feature listed on the checklist must actually be available or offered by the builder. In addition, certain items must be requested prior to certain phases of construction, as specified by the builder. The builder may also provide estimated costs for the special features. A builder is not required to install the listed features unless the builder offers them and both of the following occur: (1) the buyer requests them with the specified phase of construction, and (2) the buyer agrees to provide payment for the features. Attachment 1 to this Staff Report is a sample State of California New Home Universal Design ~e~i~4.. for .one of the multi-story residential projects currently under construction in Dublin. As the checklist indicates, many of the universal design features on the checklist are already offered as a standard feature in this development. Also, there are a number of features that are offered as options that the future buyer could choose to have installed, and there are few features that are not offered at all. This sample checklist indicates that although builders are not required to offer the features (they are only required to provide the checklist), many of the features are being offered as required by other State laws and market demands. Under the State Law requirements, the City of Dublin plays no role in enforcing whether the checklist is actually provided to each new homebuyer, and it is up to the builder to comply with State Law. However, through the City's plan check process, the City Building Division does verify that the builder has a checklist to provide to future homeowners in compliance with Section 17959.6 of the California State Health and Safety Code. ANALYSIS: Optional Local Ordinance Some jurisdictions in the State of California have adopted local ordinances requiring universal design features in new homes. In 2005, the State of California Department of Housing and Community Development (HCD) certified a model Universal Design Ordinance that can be adopted voluntarily by cities and counties (Attachment 2). The model ordinance has been drafted and certified by the State of California Department of Housing and Community Development as required by another State Assembly Bill, AB 2787, so if a city chooses to adopt a local ordinance to address universal design requirements, the ordinance must be adopted in substantially the same form as the model ordinance, which does not allow for much deviation to tailor the ordinance to local conditions. The model ordinance identifies rooms and denotes features which must be offered by a builder in residential units subject to the ordinance that are being newly-constructed or substantially rehabilitated. Such features must only be installed if requested by the buyer/owner and which would not cause an unreasonable delay or significant un-reimbursable costs to the developer or builder. Because the model ordinance states which universal design features must be offered to homeowners (but not installed unless chosen), the requirements are above and beyond the current State law, which simply requires that the checklist of universal design features and their availability be provided to future homeowners. In general, the model ordinance provides definitions for critical terms related to universal design, local options as to types and number of units (owner-occupied and/or rental) to which the ordinance will be applied, and specific exemptions and enforcement mechanisms. The model ordinance also contains examples of rooms and areas in covered units for which it is mandatory to offer certain design features, such as an accessible path of travel to dwelling, at least one bathroom or powder room on the primary entry level, handrail and handrail reinforcement in hallways, and entry door high/low peep hole viewer. Under the model ordinance, it is not required that the builder install any feature nor is it required that the builder is responsible for paying the cost of installing the feature. If a local ordinance is adopted, the City will then be in the role of enforcing whether or not the ordinance is complied with through the building permit process. Other California Building Code requirements related to adaptability/accessibility In addition to the various universal design features that can be provided in any type of residential unit, there are other State mandates that also provide accessible features in certain types of homes. ~Il c5\V 5~ In multi-family developments where there are more than 4 units and there is an elevator (i.e The Terraces at Dublin Ranch), California Building Code requires that all single-level units be adaptably-designed. This requirement exceeds universal design requirements in that features such as handrail reinforcement inside the walls not only need to be offered, but they need to be installed by the builder. This would allow the unit to be adapted at a later date to be disabled-accessible. Another requirement of the California Building Code for multi-family developments where there are more than 4 units that are designed as a townhouse (multi-level) style (i.e. The Willows project by Braddock and Logan), is at least 10% of the units in the development must provide an accessible entrance to the ground floor, an accessible room on the ground floor, and an accessible bathroom on the ground floor (unless exempted by site impracticality). Additionally, all other rooms on the primary entry level in these units shall also be accessible. These State-mandated requirements ensure that multi-family projects (more than 4 units in size), include features that often exceed the universal design standards and provide accessibility for future residents. Options for City Council consideration Staff is seeking direction from the City Council as to whether a local universal design ordinance should be prepared. If a local ordinance is prepared, State law requires that the local ordinance be substantially the same as the State model ordinance. If the City Council determines that a local universal design ordinance will not offer a community benefit that is not already being met by the State requirements explained in this Staff report, a local ordinance will not be prepared. In this case, the State requirements to provide notification to future homeowners of the availability of universal design features (through the existing checklist process) in combination with the other State requirements to provide accessible and adaptable units and features in multi-family residential buildings, will continue to address the need for accessible and adaptable units. If the City Council directs Staff to prepare a local ordinance, Staff proposes to bring the draft ordinance to the Housing Committee for their review and input, and Staff will also schedule a meeting with developers and building industry professionals to solicit their input. After feedback is received from these two groups, Staff will finalize the draft ordinance for City Council review and approval. RECOMMENDATION: Staff recommends that the City Council provide direction to Staff on whether a Universal Design Ordinance should be drafted or whether the City Council is satisfied with the current State law requirements related to universal design. 4~~~ J1ousinii.'.f2ci:~rrtittee Minutes. . ...... 5ept~mber 2V,2QP6' 't{egion~t,~M~eting; Rdol1\,; . :',.. - , , . '- ~ .~.:;-; CALL TO ORDER/ROLL CALL Present: Chair Mary Rose Parkman; Vice Chair Lynn Locke; Committee Members Christine Kaehuaea, Kathy Avanzino, Don Biddle, and Dale Garren; Jeri Ram, Community Development Director; John Lucero, Housing Consultant; Michael Baker, Sr. Building Inspector; and Rhonda Franklin, Recording Secretary. Absent: Committee Members Steve Murdock and Ronald De Diemar. ORAL COMMUNICATION - None MINUTES OF PREVIOUS MEETINGS The June 29, 2006 minutes were approved as submitted. WRIITEN COMMUNICATIONS - None NEW BUINESS 6.1 Universal Design Ordinance Chair Parkman asked for the Staff Report. Mr. Michael Baker, Sr. Building Inspector, presented the specifics of the project as outlined in the Staff Report. Cm. Avanzino asked if AB 1400 applies to new and existing ownership and/or rental units. Mr. Baker explained that AB 1400 applies to all new ownership and rental developments. Vice Chair Locke asked if AB 1400 compliance is the responsibility of the developer, and Mr. Baker said yes. Ms. Jeri Ram, Community Development Director, pointed out that State Laws pertaining to accessibility overlap and augment each other. Cm. Garren added that the ADA (Americans with Disabilities Act:) has specific requirements for rental units. Mr. Baker stated that the enforcement of ADA requirements is not under the City's jurisdiction. Vice Chair Locke asked about SB 1025. Mr. Baker explained that SB 1025 requires that a minimum of 10% of multi-story developments with 4 or more mUlti-family units have Housing Committee 3 September 21, 2006 Attachment 5 .\.\Ll. 4 gq accessible entry levels that include either a bathroom or powder room. He also explained that there are exceptions to this requirement. Cm. Biddle asked if the State Law accessibility standards are consistent or constantly changing. Mr. Baker explained that some laws are consistent, and the laws that change frequently are becoming more conselVative and require more access toward accessible features. Chair Parkman sought clarification on the Housing Committee's role in a Universal Design Ordinance. Ms. Ram explained that the City Council requested the Housing Committee to give input on whether the City should move forward with a Universal Design Ordinance. Chair Parkman pointed out that if a Universal Design Ordinance was implemented, it would need to be updated as necessary to maintain consistency with evolving State Laws. Ms. Ram explained that State Laws on accessibility can not be modified and will override a city's Universal Design Ordinance. She further explained that there is a Model Ordinance that contains options for customization. Mr. Baker explained that AB 2787 allows a city to identify the percentage of accessible units that the builder must offer to potential buyers. Ms. Ram and Mr. Baker discussed the process of implementing a Universal Design Ordinance. Mr. Baker explained that AB 2787 requires the developer to provide the options to the homeowner. Ms. Ram explained that AB 1400 requires only a list of accessibility options while AB 2787 requires the developer to have the ability to construct the accessibility features. Vice Chair Locke asked about the benefits of a Universal Design Ordinance to a homeowner. Mr. Baker explained that AB 2787 requires the developer to be able to construct accessibility features at the request of the homeowner, should the homeowner decide to purchase accessibility options. Cm. Kaehuaea stated that she would prefer the security of having the homebuilder install accessibility features. Mr. Baker explained that it would be the homeowner's choice to purchase from a developer that could or could not install the accessibility features. Cm. Garren stated that AB 1400 is an effective tool for homebuyers who would like to have accessibility features in their home. He explained that developers are likely to install accessibility features based on the homebuilding criteria provided by the homebuyer. He stated that making ordinances for the sake of making ordinances places burdens on everyone involved. He stated that developers are motivated to provide these features for homebuyers. Chair Parkman pointed out Attachment 2, the HCD Model Universal Design Local Ordinance (AB 2787), of the Staff Report. Mr. Baker stated that that there are not many areas in which AB 2787 could be customized and pointed out the areas that could be customized. Chair Parkman stated that she would like to get input from developers on this issue. Ms. Ram explained that if the Housing Committee decided to implement a Model Ordinance, Housing Committee 4 September 2 L 2006 V\S ~ SV\ Staff would work with the Committee to develop a draft ordinance, meet with the development community to get their input on the draft ordinance, and then present the draft ordinance before the City Council. Cm. Garren expressed concerns about the potential negative implications the ordinance could have on developers and development. Chair Parkman opened the public hearing. Ms. Jessica Lehman, with Community Resources for Independent Living, stated her reasons for having the Housing Committee recommend to the City Council that a local ordinance should be adopted. She explained that Universal Design is better for everyone, not only persons with disabilities. She explained that with an aging population, it is important to build homes that one can comfortably age in. She stated that it would be less expensive to construct accessible features during the building phase of a home, than to remodel the home after the building phase has completed. Chair Parkman concurred that in her experience, it is less expensive to make a house accessible while it is being built rather than years later. Hearing no further comments, Chair Parkman closed the public hearing. Cm. Kaehuaea stated that she would like to hear trom the development community. Ms. Ram indicated that the City Council appointed a member of the development community, to the Housing Committee so that the Committee would have a developer's viewpoint represented. Ms. Ram asked Cm. Garren, a developer, to discuss his thoughts. Cm. Garren explained that developers try to build homes that can be sold. He explained that the market should drive whatever the market-place needs, and legislating such needs can be a very difficult task. He explained that a developer will build wherever there is an opportunity; unless there are constraints that make it unattractive to build. He stated that AB 1400 is an effective tool for educating buyers about accessible options. Cm. Kaehuaea asked if the City is strict about enforcing AB 1400. Mr. Baker explained that the City is not required to enforce AB 1400; however, the City does ask the developer to provide the list in the plan-checking stage of the permit process. Cm. Kaehuaea stated that she is satisfied with the requirements of AB 1400. Cm. Avanzino asked if under AB 2787, an entire subdivision could be built, based on market demand, with zero Universal Design units; and Mr. Baker said yes. Cm. Avanzino stated that homeowners are probably in a better financial position to install Universal Design features; however, renters are probably more likely in need of Universal Design features since they are, in most cases, unable to alter their units and are limited to the number of Universal Design units that may be available. Cm. Avanzino asked if a Universal Design Ordinance would mandate accessible floor plans only if a buyer requested such, and Mr. Baker said yes. Housing Committee 5 September 2 L 2006 l\~ 6\ ~ D Cm. Avanzino added that the City to participate in educating the public on available Universal Design options. Ms Ram stated that Staff would work towards creating an informational pamphlet on Universal Design. On a motion by Vice Chair Locke and seconded by Chair Parkman, and by a vote of 5- 0-2 with Cms. Murdock and De Diemar absent, the Housing Committee voted to recommend to the City Council that a local Universal Design Ordinance will not offer a community benefit that is not already being met by the State Requirements, with a request that this item be revisited when the Housing Element is reviewed. UNFINISHED BUSINESS - None OTHER BUSINESS - None 8.1.1 Staff Updates Mr. John Lucero, Housing Consultant, discussed the launch of the First Time Home Buyer Program. He discussed the specifics of the program, the qualification standards, and the kick-off schedule. ADJOURNMENT The meeting was adjourned at 8:07 p.m. Respectfully Submitted, Housing Committee Chair ATTESTED: Community Development Director K\Housing Comrnittee\Minutes\9-21-06.doc Housing Committee 6 September 2 L 2006 CITY CLERK File # Offiffi~-[J~ 41 OltJ ~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 17, 2006 SUBJECT: Universal Design Ordinance Report by Gregory Shreeve, Building Official ,:j../ A TT ACIlMENTS: 1) City Council Staff Report dated September 5, 2006 (without attachments) . Draft Housing Committee Meeting Minutes for September 21,2006. 2) RECOMMENDATION:fJ)If 1) r;f ~ 2) Receive Staff presentation; and Direct Staff to revisit the desirability and feasibility of adopting a Universal Design Ordinance at the time the Housing Element of the General Plan is prepared. FINANCIAL STATEMENT: None at this time. PROJECT DESCRIPTION: Background The City of Dublin adopted the Housing Element of the General Plan in 2003. This 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 E.2.1 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." In an effort to implement this program of the Housing Element, the City Council listed as a high priority goal in the 2006/2007 Goals and Objectives the preparation of a Universal Design Ordinance for adoption as an amendment to California Building Code requirements. Since the adoption of the Housing Element, the State of California has adopted several changes to current laws that require elements related to Universal Design be incorporated into new construction. At the City Council meeting of September 5, 2006, Staff prepared an informational report on Universal Design and asked the City Council: 1) If the current laws and codes are accomplishing the City Council's goals on Universal Design; and ------------------------------------------------------------------------------------------------------------- COpy TO: File Page 1 of2 ITEM NO. I, l Attachment 6 G:\Agendas\2006\Universal Design Ord\CC Staff Report 1 0-17-06.doc 2) If not, should Staff work with the Housing Committee to decide if an ordinance should be prepared. tl$ dllJ:91 The City Council directed Staff to work with the Housing Committee to decide if an ordinance should be prepared. If the Housing Committee decided that an ordinance should be prepared, Staff would work with the Committee to prepare the ordinance, meet with the development community and return to the City Council with the draft ordinance. The Housing Committee held a public meeting on September 21,2006 to discuss Universal Design. During the meeting, the Housing Committee received a presentation from Staff and received input from a representative of the Community Resources for Independent Living. Following the presentation and public input, the Committee discussed the topic and concluded that at the present time, State laws on what should be included in developments in relation to Universal Design were sufficient. In addition, the Housing Committee recommended that Staff should re-examine this important issue during the preparation of the next Housing Element for the General Plan. RECOMMENDATION: Staff recommends that the City Council: 1) Receive Staff presentation; and 2) Direct Staff to revisit the desirability and feasibility of adopting a Universal Design Ordinance at the time the Housing Element of the General Plan is prepared. 2 ~~ ::~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 5, 2006 SUBJECT: Universal Design Ordinance Report by Gregory Shreeve, Building Official and Kristi Bascom, Senior Planner ATTACHMENTS: 1) Sample State of California New Home Universal Design Checklist. State-certified Model Universal Design Ordinance. 2) RECOMMENDATION: ~' ~ l._...Y 1) 2) Receive Staff Report; and Provide direction to Staff on whether a Universal Design Ordinance should be prepared or whether the City Council is satisfied with the current State law requirements related to universal design. FINANCIAL STATEMENT: None at this time. However, if the Council determines at a later date that a local uriiversal design ordinance should be implemented, there may be additional costs associated with plan checking and inspections. PROJECT DESCRIPTION: Background Adopted by the City Council and certified by the State in 2003, Dublin's Housing Element contains a number of policies aimed at promoting equal housing opportunities for Dublin residents. Program E.2.1 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." In an effort to implement this program of the Housing Element, the City Council listed as a high priority goal in the 2006/2007 Goals and Objectives, the preparation of a universal design ordinance for adoption as an amendment to California Building Code requirements. In an effort to assist the City Council in determining the feasibility and desirability of adopting a universal design ordinance, Staff has prepared some background information to describe the current universal design requirements that are dictated by State law, and also information on the limitations that are now in place for the text of any local ordinance related to universal design. 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. ------------------------------------------------------------------------------------------------------------- COpy TO: File Page 1 of 4 i .j '-FJ t I :r \,' ,'; G:\Universal Design Ordinance\CC Staff Report in[ormationa1.doc Attachment 1 Universal design benefits persons of all ages and abilities, including seniors and persons with disabi1fti~D () The concept behind universal design is that, if desired, a new 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 higher on the wall and easier to reach, and grab bars in baths and showers to provide stability and support. 50 6DSt\ The guiding principles behind universal design are that the features should be useful to people with diverse abilities, are easy to understand and utilize, require limited physical effort, and provide appropriate space and size regardless ofthe user's body size, posture, or mobility. Current State requirements regarding universal design In 2003, the California State Legislature adopted Assembly Bill AB 1400, which requires a builder of new, for sale residential units, to provide potential buyers with a checklist of universal design features that could be included in their new home (Attachment 1). AB 1400, which later became Section 17959.6 of the California State Health and Safety Code, requires the builder to offer the checklist and inform the consumer of the status of availability of these universal design features, but it does not require the builder to actually offer or install any particular feature. The State-certified checklist, which must be provided to the potential buyer, is divided into 3 sections, as follows: Part I includes those features related to exterior adaptations, doors and openings~ interior adaptations, kitchens, and bathrooms or powder rooms. Part II includes features that apply to other parts of the house and are commonly requested or considered universal design features. Part III provides space for details, or for any other external or internal feature that may be requested, if it is requested at a reasonable time by the buyer, is reasonably available, is reasonably feasible to install or construct, and makes the home more usable and safer for a person with any type of activity limitation or disability. For each of the universal design features on the checklist, the builder is required to identify the four following categories: 1. Status: Whether the feature is standard, limited, an option, or not available, as determined by the builder. 2. Timin~: By what stage in construction the feature must be requested (such as "any time", "before foundation", "before framing", or "before internal wall covering"), with actual times selected by the builder. 3. Details: Whether or not there are additional details or specified modifications from the Building Code. 4. Cost: Optional labor and materials costs (estimated by the builder). Not every feature listed on the checklist must actually be available or offered by the builder. In addition, certain items must be requested prior to certain phases of construction, as specified by the builder. The builder may also provide estimated costs for the special features. A builder is not required to install the listed features unless the builder offers them and both of the following occur: (1) the buyer requests them with the specified phase of construction, and (2) the buyer agrees to provide payment for the features. Attachment 1 to this Staff Report is a sample State of California New Home Universal Design checHib' V' for one of the multi-story residential projects currently under construction in Dublin. As the checklist indicates, many of the universal design features on the checklist are already offered as a standard feature in this development. Also, there are a number of features that are offered as options that the future buyer could choose to have installed, and there are few features that are not offered at ali. This sample checklist indicates that although builders are not required to offer the features (they are only required to provide the checklist), many of the features are being offered as required by other State laws and market demands. 51 6b'i\' Under the State Law requirements, the City of Dublin plays no role in enforcing whether the checklist is actually provided to each new homebuyer, and it is up to the builder to comply with State Law. However, through the City's plan check process, the City Building Division does verify that the builder has a checklist to provide to future homeowners in compliance with Section 17959.6 of the California State Health and Safety Code. ANALYSIS: Optional Local Ordinance Some jurisdictions in the State of California have adopted local ordinances requiring universal design features in new homes. In 2005, the State of California Department of Housing and Community Development (HCD) certified a model Universal Design Ordinance that can be adopted voluntarily by cities and counties (Attachment 2). The model ordinance has been drafted and certified by the State of California Department of Housing and Community Development as required by another State Assembly Bill, AB 2787, so if a city chooses to adopt a local ordinance to address universal design requirements, the ordinance must be adopted in substantially the same form as the model ordinance, which does not allow for much deviation to tailor the ordinance to local conditions. The model ordinance identifies rooms and denotes features which must be offered by a builder in residential units subject to the ordinance that are being newly-constructed or substantially rehabilitated. Such features must only be installed if requested by the buyer/owner and which would not cause an unreasonable delay or significant un-reimbursable costs to the developer or builder. Because the model ordinance states which universal design features must be offered to homeowners (but not installed unless chosen), the requirements are above and beyond the current State law, which simply requires that the checklist of universal design features and their availability be provided to future homeowners. In general, the model ordinance provides definitions for critical terms related to universal design, local options as to types and number of units (owner-occupied and/or rental) to which the ordinance will be applied, and specific exemptions and enforcement mechanisms. The model ordinance also contains examples of rooms and areas in covered units for which it is mandatory to offer certain design features, such as an accessible path of travel to dwelling, at least one bathroom or powder room on the primary entry level, handrail and handrail reinforcement in hallways, and entry door high/low peep hole viewer. Under the model ordinance, it is not required that the builder install any feature nor is it required that the builder is responsible for paying the cost of installing the feature. If a local ordinance is adopted, the City will then be in the role of enforcing whether or not the ordinance is complied with through the building permit process. Other California Building Code requirements related to adaptability/accessibility In addition to the various universal design features that can be provided in any type of residential urnt, there are other State mandates that also provide accessible features in certain types of homes. 'it.. 6b 1JJ In multi-family developments where there are more than 4 units and there is an elevator (i.e The Terraces at Dublin Ranch), California Building Code requires that all single-level units be adaptably-designed. This requirement exceeds universal design requirements in that features such as handrail reinforcement inside the walls not only need to be offered, but they need to be installed by the builder. This would allow the unit to be adapted at a later date to be disabled-accessible. Another requirement of the California Building Code for multi-family developments where there are more than 4 units that are designed as a townhouse (multi-level) style (i.e. The Willows project by Braddock . and Logan), is at least 10% of the units in the development must provide an accessible entrance to the ground floor, an accessible room on the ground floor, and an accessible bathroom on the ground floor (unless exempted by site impracticality). Additionally, all other rooms on the primary entry level in these units shall also be accessible. These State-mandated requirements ensure that multi-family projects (more than 4 units in size), include features that often exceed the universal design standards and provide accessibility for future residents. Options for City Council consideration Staff is seeking direction from the City Council as to whether a local universal design ordinance should be prepared. If a local ordinance is prepared, State law requires that the local ordinance be substantially the same as the State model ordinance. If the City COlUlcil determines that a local universal design ordinance will not offer a community benefit that is not already being met by the State requirements explained in this Staff report, a local ordinance will not be prepared. In this case, the State requirements to provide notification to future homeowners of the availability of universal design features (through the existing checklist process) in combination with the other State requirements to provide accessible and adaptable units and features in multi-family residential buildings, will continue to address the need for accessible and adaptable units. If the City Council directs Staff to prepare a local ordinance, Staff proposes to bring the draft ordinance to the Housing Committee for their review and input, and Staff will also schedule a meeting with developers and building industry professionals to solicit their input. After feedback is received from these two groups, Staff will finalize the draft ordinance for City Council review and approval. RECOMMENDATION: Staff recommends that the City Council provide direction to Staff on whether a Universal Design Ordinance should be drafted or whether the City Council is satisfied with the current State law requirements related to universal design. S'~ ~ ~ The Council discussed the importance of neighbors communicating with each other about neighborhood disputes and attempting to work issues out, if possible, before utilizing Staff's time and bringing issues before the Council. Required mediation on these types of issues might be advisable. City Attorney Elizabeth Silver stated that she did not believe that the City could require someone to participate in mediation and make them to pay for the costs of the remediation. If the City paid for the remediation, it could be required. The Council concurred that any required remediation should be at no charge to the resident. City Manager Ambrose advised that Dublin had a mediation service it used on occasion, and both parties had to agree to be mediated. Staff could prepare a report for Council consideration as to whether mediation could be required of disputing neighbors, as well as discuss other issues involved. The Council concurred that a report on the issue would be beneficial. On motion of Cm. Hildenbrand, seconded by Cm. Zika and by unanimous vote, the Council adopted RESOLUTION NO. 203 - 06 REPEALING RESOLUTION 168-06, RESCINDING 20-MINUTE PARKING ZONE ON CYPRESS COURT .. UNFINISHED BUSINESS Report Regarding Universal Design Ordinance 8:11p.m. 7.1 (440-10) Building Official Gregory Shreeve presented the Staff Report and advised that, at its September 5, 2006 Council meeting, the Council directed Staff to work with the Housing Committee to decide if a local Universal Design Ordinance for new homes should be prepared. The Housing Committee concluded that, at present time, State laws were sufficient; however, recommended that Staff re-examine the issue during the preparation DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING October 17, 2006 PAGE 343 Attachment 7 -- qt6b~ of the next Housing Element for the General Plan. One of the Housing Committee's recommendations was for Staff to develop a handout regarding the process. The Council and Staff engaged in a question and answer session about the State's guidelines on universal design and the checklist that the Developer provides to the homebuyers so they can chose the options they would like included in their home. The checklist included items that the Developer was mandated to offer, but not mandatory for them to install. Jessica Layman, representing Community Resources for Independent Living (CRIL), applauded the Council for bringing up the Universal Design Ordinance and urged them to keep the discussion open with Staff and community members before it was delayed for a couple of years. Universal Design was not just for the disabled or seniors; it worked for families with children, as well. It also allowed for aging in place. When the work was done right, it looked good. The Council expressed concern that the issue had not been studied in enough detail by the Housing Committee and discussed the pros and cons of a Design Ordinance. If the model Ordinance were adopted, developers would not be forced to build anything; it would identify what adaptable features must be offered by a builder in residential units subject to the Ordinance that were being newly constructed. Mayor Lockhart suggested that Staff to create a draft Local Universal Design Ordinance based on the State's Model Ordinance and provide it to the Housing Committee for re- evaluation and recommendations on what percentage of adaptable units should be required, before it came back to the Council for re-consideration. Cm. Hildenbrand agreed that a model ordinance should be crafted by Staff and suggested a joint Council/Housing Committee Workshop, open to the public, this discuss the issue so everyone had the same vision for the ordinance. It would provide everyone with a good idea what a local ordinance would look like in our community. On motion of Cm. Hildenbrand, seconded by Cm. Zika (Cm. Oravetz abstained) and by majority vote, the City Council directed Staff to create a draft Local Universal Design Ordinance to be discussed at a future Joint City Council/Housing Committee Workshop. .. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING October 17, 2006 PAGE 344