Chapter 15.92 — UNIVERSAL DESIGN

A.

To facilitate the development of residential dwelling units that are visitable, usable, and safe for occupancy by persons with disabilities.

B.

To allow buyers of new homes the option of incorporating universal design principles into their future homes in order to enhance their ability to remain in their homes during periods of temporary, developing, or permanent disabilities; and

C.

To accommodate a wide range of individual preferences and functional abilities while not significantly impacting housing costs and affordability.

A.

Pursuant to California Health and Safety Code § 17959, the City Council finds that:

According to the Clayton Housing Element, approximately 12.8 percent of City residents (sixteen (16) years or older) have one or more disabilities. In addition, approximately nine percent (9%) of all Clayton residents are over the age of sixty-five (65). Individuals with mobility difficulties may require special accommodations to their homes to allow for continued independent living.

The provisions of this chapter are reasonably necessary to serve these populations as well as those anticipating a disability by enhancing opportunities for the full life-cycle use of housing without regard to the physical abilities or disabilities of a home's occupants or guests. This is done in order to accommodate a wide range of individual preferences and functional abilities.

The provisions of this chapter are substantially the same as the model universal design ordinance adopted by the State of California Department of Housing and Community Development and are not less restrictive than the requirements of the California Building Code as adopted by the City.

For the purpose of this chapter, the following terms shall have the following definitions:

"Accessible" means consistent with or as defined by the California Building Code, Chapter 11A.

"ANSI A117.1" means the most current version of the "Standard on Accessible and Usable Buildings and Facilities", commonly known as "ICC/ANSI A117.1", published by the International Code Council and American National Standards Institute, Inc.

"Bathroom" means 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.

"CBC, Chapter 11A" means chapter 11A of the California Building Code (located in Part 2, Title 24, California Code of Regulations), or its successor provisions.

"Common Use Room" means a room commonly used by residents or guests to congregate.

"New Construction" means the construction of a new building. New construction does not include additions, alterations, or remodels to existing buildings.

"Owner-Occupied" means any residential dwelling unit not intended to be occupied as a rental dwelling at the time of application for the building permit.

"Powder Room" means 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.

"Primary Entry" means the principal entrance through which most people enter a building or residential unit, as designated by the Building Official.

"Rental" means any residential dwelling unit not intended to be occupied by the owner at the time of application for a building permit.

"Residential Dwelling" means a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

"Visitable Residential Dwelling" means a residential unit subject to the requirements of this chapter by virtue of being within the scope of this chapter as defined in Section 15.92.040.

A.

Unit Coverage. All residential dwelling units which are a part of a residential development project in excess of five (5) units, and are intended to be, owner-occupied or rental for which an application for a new construction building permit is submitted to the Community Development Department thirty (30) or more days after the effective date of this chapter shall be visitable residential dwellings.

B.

Unit Types. New construction of all single-family, duplex, and triplex residential dwellings except for custom-built homes.

C.

Conditions of Approval. Any tentative map, conditional use permit, site development review or building permit master plan check subject to this chapter shall contain conditions sufficient to ensure compliance with the provisions of this chapter.

A.

When the applicant adequately demonstrates and the Community Development Director and Building Official determine 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 shall be granted.

B.

When the applicant adequately demonstrates and the Community Development Director and Building Official determine that compliance with any portion of any regulation under this chapter would create an undue hardship due to topographical conditions of the site, the size of the site, other site constraints, 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 Community Development Director and Building Official determine that a residential dwelling unit is being reconstructed as a result of a disaster, an exemption to all or any portion of this chapter shall be granted.

D.

This ordinance shall not be applicable to any residential structure that has its primary entry located over below-ground or grade-level parking.

A.

New Construction—Mandatory to Install: The following items for the accessible entrance on the primary entry level shall be installed: None.

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, if requested when installation is consistent with 15.92.140:

An exterior accessible route that is either:

a.

Consistent with the requirements of CBC Chapter 11A; or

b.

Not less than forty (40) inches wide and not having a slope greater than one unit vertical in twenty (20) units horizontal.

The accessible primary entrance that is consistent with the requirements of CBC Chapter 11A.

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 twenty- four (24) inches past the strike edge of the door.

The exterior accessible entry door that is either:

a.

Consistent with the requirements of CBC Chapter 11A, or

b.

Have a thirty-four (34) inch net clear opening.

A second exterior door that is installed in a manner so that it is accessible as provided in this Section 15.92.060 with a thirty-two (32) inch net clear opening.

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 (42) inches and forty-four (44) inches from the finished floor.

Where at least one doorbell is provided for the accessible entry door, one that is between forty-two (42) inches and forty-eight (48) inches from the finished floor must be offered.

A.

New Construction—Mandatory to Install: The following items for interior routes shall be installed: None.

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, if requested when installation is consistent with Section 15.92.140:

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.

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.

Handrails installed in a manner consistent with CBC Chapter 11A on one or both sides of the accessible route, at the option of the purchaser.

Handrail reinforcement installed on one or both sides of the accessible route.

An accessible route with a minimum width of forty-two (42) inches. Alternatively, a thirty-nine (39) inch 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 (34) inches, or a thirty-six (36) inch 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 (36) inches.

A.

New Construction—Mandatory to Install: The following items for the primary floor powder room/bathroom entry and facilities shall be installed: None.

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, if requested when installation is consistent with Section 15.92.140:

At least one powder room or bathroom, at the option of the purchaser, on the primary entry level of a visitable residential dwelling which complies with the requirements of CBC Chapter 11A.

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 (48) inch circle, forty-eight (48) inches by sixty (60) inches or a sixty-inch diameter circle, at the option of the purchaser.

A bathtub or shower meeting the requirements of ANSI A117.1

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.

Faucets and handles not requiring tight grasping, pinching, or twisting of the wrist and consistent with the requirements of CBC Chapter 11A.

A lavatory or sink installed consistent with CBC Chapter 11A.

A toilet installed consistent with CBC Chapter 11A.

Removable cabinets under the lavatory/sink.

Where mirrors and towel fixtures are provided in the accessible bathroom or powder room, installation consistent with the requirements of CBC Chapter 11A.

A.

New Construction—Mandatory to Install: The following items for the kitchen and facilities shall be installed: None.

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, if requested when installation is consistent with Section 15.92.140:

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.

One or more of the following, at the purchaser's option:

a.

At least a forty-eight inch by sixty-inch 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 clear space in front of the sink (counting open access underneath, if available);

c.

At least one eighteen-inch wide breadboard and/or at least eighteen (18) inches in counter space at a thirty-four-inch height, or any combination thereof, at the option of the purchaser.

Sink controls consistent with CBC Chapter 11A.

Adjustable sink and/or removable under-sink cabinets consistent with Chapter 11A.

Hood fan controls at light switch level or lower level.

A.

New Construction—Mandatory to Install: The following items for common use room shall be installed: None.

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, if requested when installation is consistent with Section 15.92.140:

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 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.

No sunken areas in a common use room on an accessible route.

Standards related to access to and flatness of any other common area room on the primary entry level.

A.

New Construction—Mandatory to Install: The following items for bedrooms shall be installed: None.

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, if requested when installation is consistent with Section 15.92.140:

At least one bedroom on the accessible route of travel with all components meeting the requirements of Section 15.92.130. A closet shall have at least a thirty-two-inch 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.

A.

New Construction—Mandatory to Install: The following items for miscellaneous areas shall be installed: None.

B.

New Construction—Mandatory to Offer: The following options shall be offered, and if accepted, installed at the request and cost of the purchaser, if requested when installation is consistent with Section 15.92.140:

If on the primary entry level, miscellaneous areas or facilities (such as a patio or yard, laundry room, or storage area) for the dwelling must have an accessible route to and from the accessible entrance, either through the dwelling unit or around the dwelling unit.

A.

New Construction—Mandatory to Install: The following general component items shall be installed: None

B.

New Construction—Mandatory to Offer: The following options shall be offered, and if accepted, installed at the request and cost of the purchaser, if requested when installation is consistent with Section 15.92.140:

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.

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 clear doorway width may be requested from a hallway with a thirty-nine- inch width, and a thirty-six-inch clear doorway width may be requested from a hallway with a thirty-six-inch width.

The width of the level area on the side toward which an accessible door swings consistent with CBC Chapter 11A.

If the Community Development Director and Building Official determine 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 Community Development Director and Building Official 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 (90) degrees 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 (8) inches wide with at least a sixty-inch run centered on the center of the entry door opening [e.g., eight-inch by sixty-inch 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 (8) inches wide with at least a sixty-inch run centered on the center of the entry door opening [e.g., an eight- inch by sixty-inch notch or alcove.]

d.

The hallway wall directly opposite the room door must open to another room with at least a sixty-inch 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.

Hand-activated door hardware complying with CBC Chapter 11A.

Flooring throughout the residential dwelling unit consistent with CBC Chapter 11A.

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.

Standards pertaining to residential structures from ANSI A117.1 may be used throughout this chapter when CBC Chapter 11A does not contain specific standards or when the ANSI Standards are equivalent to the Chapter 11A standards.

Conduit for the future wiring of assistive technologies in all exterior walls consistent with the National Electrical Code.

Outlets at the bottom and top of any stairs to facilitate the use of a chair lift.

A.

The developer or builder of a visitable residential dwelling must offer an opportunity to select any of the features listed in this chapter to a prospective purchaser of a visitable residential dwelling prior to the sale of the dwelling.

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 unreimbursable costs to the developer or builder, as verified and determined by the Community Development Director and the Building Official.

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 chapter, as determined by the Community Development Director and the Building Official.

D.

The City may develop a means of providing public certification as to any residential dwelling unit's compliance with this 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.

A.

It is unlawful for any person or entity to fail to comply with the requirements of this chapter.

B.

The City may prescribe administrative, civil, or criminal penalties or consequences, or any combination thereof, for violations of this 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 of the California Health and Safety Code §§17910 et seq.; injunctive relief or civil penalties; and requiring compliance prior to issuance of a final inspection report or certificate of occupancy.

C.

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.

D.

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 and/or County Building Inspection Department according to an established fee schedule. 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.

If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Clayton hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

This ordinance shall take effect and will be enforced thirty (30) days after its adoption, provided that a copy of the ordinance has been filed with the State of California Department of Housing and Community Development in accordance with Health and Safety Code § 17959(b)(2).

(Ord. 445, 2013)