Martinez Municipal Code Ch. 15.34 Universal Design and Accessibility

The purposes of this Chapter are to:

A. Establish consistent, practical, and proven building and design standards that will make specified dwelling units visitable, more usable, and safer for occupancy and visitability for persons with disabilities.

B. Enhance the full life cycle use of housing without regard to the physical abilities or disabilities of a residences' occupants or guests to accommodate a wide range of individual preferences and functional abilities.

C. Implement the City of Martinez General Plan Housing Element by providing housing that meets a diverse range of needs, including those of disabled occupants and visitors.

D. Not create or otherwise establish or designate any particular class or group of persons who will or should be specifically protected or benefited by the requirements of this Chapter.

(Ord. No. 1455, § V, 3/20/2024)

The requirements of this Chapter are and shall be deemed objective planning standards for purposes of Government Code Section 65913.4 and objective development standards for purposes of Government Code Section 65589.5, as those sections may be amended from time to time.

(Ord. No. 1455, § V, 3/20/2024)

The following words and terms shall, for the purposes of this Chapter, have the meanings specified below. Words and terms not defined in this Section that are defined in the California Building Standards Code ("CBSC") shall have the meanings ascribed to them in the CBSC. Words and terms not defined in this Section or Chapter 2 of the CBSC shall have their ordinary, accepted meanings as the context may require. References to provisions of the CBSC and other codes in this Section shall apply to such provisions and codes as they are amended from time to time and to any successor provisions and codes.

A.

"Accessible"

shall have the meaning as defined in the CBSC.

B.

"ANSI A117.1"

shall have the same meaning as 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.

C.

"Bathroom"

means a room containing a toilet (water closet), lavatory (sink), and either a shower, bathtub, combination bathtub and shower, or both a shower and bathtub. It includes a compartmented bathroom in which the fixtures are distributed among interconnected rooms.

D.

"Building official"

shall have the same meaning as "Building Official" as defined in the CBSC.

E.

"CBSC, Chapter 11A"

shall have the same meaning as in Chapter 11A of the CBSC (located in Part 2 of Title 24 of the California Code of Regulations), or its successor provisions.

F.

"Common-use room"

means a room commonly used by residents or guests to congregate, such as a dining room or living room.

G.

"Dwelling unit"

shall have the same meaning as in the CBSC.

H.

"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.

I.

"Primary entry"

means the principal entrance through which most people enter a residential building or residential unit, as designated by the building official.

J.

"Universal design dwelling"

means a dwelling unit satisfying all the criteria in Section 15.34.060.

K.

"Visitable dwelling"

means a dwelling unit satisfying all the criteria in Section 15.34.050.

(Ord. No. 1455, § V, 3/20/2024)

A. The requirements of this Chapter shall apply to building permit applications for two or more new dwelling units, except as otherwise provided in this Section.

B. The requirements of Section 15.34.050, Visitable Dwellings, shall apply to all new dwelling units within a building with two to four dwelling units.

C. The requirements of Section 15.34.060, Universal Design Dwellings, shall apply to 15 percent of the total dwelling units within developments with five or more total dwelling units.

1. Universal design dwelling units shall be constructed and occupied concurrently with or prior to the construction and occupancy of the other residential units in the development project, unless an alternative schedule is permitted by the Chief Building Official or designee, based on extenuating circumstances. In phased projects, universal design dwelling units shall be constructed and occupied in proportion to the number of units in each phase of the project.

2. Universal design dwelling units shall be distributed throughout the residential project site, to the fullest extent practicable.

3. The design, appearance, and general quality of the universal design units shall be comparable to and compatible with the design of the other units in the development project as determined by the Chief Building Official, Planning Manager, or designee(s), provided all other applicable zoning and building codes are met.

D. When calculating the number of required universal design dwellings, the following shall apply:

1. All phases of the development shall be considered and not only the number of dwelling units indicated on an individual building permit application.

2. Fractional numbers of dwelling units shall be rounded up to the next whole number.

E. The provisions of this Chapter shall not apply to:

1. Alteration or expansion of an existing dwelling unit;

2. Reconstruction of an existing dwelling unit destroyed due to fire or other natural disaster;

3. Accessory dwelling units and junior accessory dwelling units;

4. Construction of one single-family residence; or

5. The addition of four or fewer residential units to or within an existing structure.

F. This Chapter shall not apply to applications for dwelling units that have already received discretionary approval pursuant to Title 22, Zoning, prior to the effective date of this Chapter.

(Ord. No. 1455, § V, 3/20/2024)

All visitable dwellings shall be constructed to include all the following:

A. An accessible primary entrance in accordance with Section 15.34.070.

B. An accessible interior route in accordance with Section 15.34.080.

C. An accessible common-use room in accordance with Section 15.34.090.

D. An accessible primary floor powder room or bathroom in accordance with Section 15.34.100.

(Ord. No. 1455, § V, 3/20/2024)

All universal design dwellings shall be constructed to include all the following:

A. An accessible primary entrance in accordance with Section 15.34.070.

B. An accessible interior route in accordance with Section 15.34.080.

C. An accessible common-use room in accordance with Section 15.34.090.

D. An accessible primary floor powder room or bathroom in accordance with Section 15.34.100.

E. An accessible bedroom in accordance with Section 15.34.110.

F. An accessible kitchen in accordance with Section 15.34.120.

G. The miscellaneous accessible requirements in accordance with Section 15.34.130.

H. An accessible laundry facility shall have an accessible route to and from the accessible entrance, either through the dwelling unit or around the dwelling unit.

I. If a universal design dwelling unit is two or more stories, then it shall have electrical outlets at stairs to accommodate future stair chairlift installation.

(Ord. No. 1455, § V, 3/20/2024)

A. Visitable dwelling units and universal design units shall all include an accessible primary entrance in accordance with Subsection B.

B. Accessible primary entrances shall include the following:

1. An exterior accessible route that is either:

a. Consistent with the requirements of CBSC; or

b. Not less than 40 inches wide and with a slope no greater than one unit vertical in 20 units horizontal.

2. An accessible primary entrance that is consistent with the requirements of CBSC.

3. A floor or landing at and on the exterior and interior side of the accessible primary entrance door that is either of the following:

a. Consistent with the requirements of CBSC; or

b. Having a level area on the side to which the accessible entrance door swings extending 24 inches past the strike edge of the door.

4. An exterior accessible entry door that is either:

a. Consistent with the requirements of CBSC; or

b. Having a 34-inch net clear opening.

5. A second exterior door that is installed so that it is accessible as provided in this Section with a 32-inch 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 42 inches and 44 inches from the finished floor.

7. Where at least one doorbell is provided for the accessible entry door, it shall be placed between 42 inches and 48 inches from the finished floor.

(Ord. No. 1455, § V, 3/20/2024)

A. Visitable dwelling units and universal design units shall all include accessible interior routes in accordance with Subsection B.

B. Accessible interior routes shall comply with the following:

1. There shall be at least one accessible interior route through the hallway(s), consistent with the requirements of CBSC, from the accessible primary entrance of the dwelling unit to a powder room or bathroom, common-use room, and the kitchen;

2. Accessible interior routes shall have a minimum width of 42 inches; except a 39-inch hallway width is permitted when all doors leading to any bathroom or powder room, if on the primary entry level, have an accessible minimum clear door opening of 34 inches, and a 36-inch hallway is permitted when all doors leading to any bathroom or powder room on the primary entry level have a minimum clear door opening of 36 inches;

3. On accessible interior routes, no sunken or raised areas are permitted between the primary entry and bathroom or powder room, the accessible common-use room, the accessible bedroom, and the accessible kitchen; and

4. Handrail reinforcement must be installed on one or both sides of accessible interior routes.

(Ord. No. 1455, § V, 3/20/2024)

A. Visitable dwelling units and universal design units shall all include an accessible common-use room in accordance with Subsection B.

B. Accessible common-use rooms shall:

1. Be located on accessible interior routes.

2. Not have sunken areas.

3. Be consistent with standards related to accessible interior paths to any other common-use room on the primary entry level.

(Ord. No. 1455, § V, 3/20/2024)

A. Visitable dwelling units and universal design units shall all include an accessible primary floor powder room or bathroom in accordance with Subsection B.

B. Accessible primary floor powder rooms or bathrooms shall:

1. Be on the same level as the residential unit as a primary accessible entry of the residential dwelling unit that complies with the requirements of the CBSC.

2. Contain clear space that is either:

a. Consistent with the requirements of CBSC; or

b. Outside of the swing of the door and either a 48-inch circle, a 48-inch by 60-inch rectangle or a 60-inch-diameter circle, at the option of the purchaser and/or owner.

3. Contain a bathtub or shower that meets the requirements of ANSI A117.1.

4. Contain either of the following:

a. Grab bar reinforcement consistent with CBSC; or

b. Grab bars installed in a manner consistent with CBSC for the toilet, shower or bath, or lavatory, or any combination thereof, at the option of the purchaser and/or owner.

5. Include faucets and handles not requiring tight grasping, pinching, or twisting of the wrist consistent with the requirements of CBSC.

6. Include a lavatory or sink installed consistent with CBSC.

7. Include a toilet installed consistent with CBSC.

8. Include removable cabinets under the lavatory or sink.

9. Include only mirrors and towel fixtures in the accessible bathroom or powder room that are installed consistent with the requirements of CBSC.

(Ord. No. 1455, § V, 3/20/2024)

A. Universal design units shall include an accessible bedroom in accordance with Subsection B.

B. Accessible bedrooms shall:

1. Be on an accessible interior route of travel.

2. Contain at least one closet that has at least a 32-inch net opening and adjustable closet rods and shelving.

(Ord. No. 1455, § V, 3/20/2024)

A. Universal design units shall include an accessible kitchen in accordance with Subsection B.

B. Accessible kitchens shall:

1. Be located on the primary entry level of a residential dwelling unit.

2. Be on an accessible interior route to the kitchen, with a pathway through the kitchen to the stove, oven, or combination stove-oven consistent with the requirements of CBSC.

3. Include at least a 48-inch by 60-inch clear space in front of a stove at the base of a U-shaped kitchen.

4. Include at least a 30-inch by 48-inch clear space in front of the sink (counting open access underneath, if available).

5. Include at least one 18-inch-wide breadboard and/or at least 18 inches of counter space at a 34-inch height, or any combination thereof, at the option of the purchaser and/or owner.

6. Have sink controls consistent with CBSC.

7. Have an adjustable sink and/or removable under-sink cabinets consistent with CBSC.

8. Include hood fan controls at light switch level or lower.

(Ord. No. 1455, § V, 3/20/2024)

A. Universal design units shall be built in accordance with Subsections B through G.

B. The installation of all receptacle outlets, lighting controls, and environmental controls throughout the residential dwelling unit must comply with CBSC or applicable provisions of the California Electrical Code.

C. Rocker light switches and controls installed in rooms must be accessible and on an interior accessible route.

D. On accessible interior routes all adjacent, interior doors or openings for rooms and routes of travel must be accessible consistent with CBSC. However, a 34-inch clear doorway width is permitted provided from a hallway with a 39-inch width, and a 36-inch clear doorway width is permitted from a hallway with a 36-inch width.

E. The width of the level area on the side toward which an accessible door swings must be consistent with CBSC.

F. Flooring along accessible interior routes must be consistent with CBSC.

G. Standards pertaining to residential structures from ANSI A117.1 shall apply throughout this Chapter when CBSC does not contain specific standards.

H. 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.

(Ord. No. 1455, § V, 3/20/2024)

A. When the applicant adequately demonstrates to the Chief Building Official's or designee's reasonable satisfaction that compliance with any portion of any regulation under this Chapter would create an undue hardship, or that equivalent compliance is not possible or practicable, the Chief Building Official or designee shall grant an exception to that portion of the regulation.

B. When the applicant adequately demonstrates to the Chief Building Official's or designee's reasonable satisfaction that a residential dwelling unit is being reconstructed due to a natural disaster, then the Chief Building Official or designee shall grant an exemption to all or any portion of this Chapter.

C. In considering whether an undue hardship may exist to justify an exemption pursuant to this Section, the Chief Building Official or designee shall consider factors including, but not limited to, the following:

1. The cost of satisfying the visitability or universal design standards in this Chapter;

2. The cost of the proposed construction project;

3. The impact of compliance with the visitability or universal design standards in this Chapter on the financial feasibility of the project;

4. The nature of the accessibility to be gained by complying with the visitability or universal design standards in this Chapter;

5. Any negative impact on the natural environment resulting from complying with the visitability or universal design standards in this Chapter; and

6. The anticipated nature of the use of the project by people with disabilities.

(Ord. No. 1455, § V, 3/20/2024)

A. Any aggrieved applicant may appeal a determination of the Chief Building Official or designee regarding the application of the provisions of this Chapter to a development project.

B. Appeals must be filed in writing, along with the applicable fee, with the Chief Building Official not later than ten calendar days after the date of the determination by the Chief Building Official or designee.

C. Appeals shall state the reason(s) for the appeal and include any pertinent supporting materials.

D. Appeals shall be considered by the City Council at a public hearing. The appeal shall be placed on the agenda as soon as practicable. Such date for the hearing shall not be less than ten days nor more than 60 days from the date the appeal was filed. Each appellant shall receive notice of the time and place of the hearing at least ten calendar days prior to the date of the hearing.

(Ord. No. 1455, § V, 3/20/2024)

Violations of the requirements of this Chapter shall be subject to enforcement and imposition of the remedies listed in Chapter 1.13, Nuisance Abatement, and Chapter 1.15, Administrative Citations.

(Ord. No. 1455, § V, 3/20/2024)