Chapter 16.56 — HANDICAPPED ACCESS REGULATIONS - APPEAL

It is found and declared that under the Handicapped Access Regulations promulgated by the Office of the State Architect, state of California, effective July 1, 1982, and contained in Part 2, Title 24 of the California Administrative Code, every building occupancy type except non-publicly funded housing is required to be made accessible to the physically handicapped. The chief building official may grant certain exceptions to the regulations. Section 2-105(b) 11D of the regulations requires that some determinations of the chief building official be subject to an appeals process. The purpose of the ordinance codified in this chapter is to ensure that procedures set forth in this code are in compliance with the requirements of state law by establishing a process whereby the city manager, with the assistance of a voluntary advisory committee, hears appeals and renders final decisions concerning compliance with the Handicapped Access Regulations.

(Ord. 3374 § 1 (part), 1982)

(a) The following words shall have the following meanings:

(1) "Equivalent facilitation" means an alternate means of complying with the literal requirements of the standards and specifications contained in the regulations that provide access in keeping with the purposes of such regulations. In determining equivalent facilitation, consideration shall be given to means that provide for the maximum independence of the physically handicapped, while presenting the least risk of harm, injury or other hazard to handicapped persons or others.

(2) "Regulations" means Handicapped Access Regulations promulgated by the Office of the State Architect, state of California, effective July 1, 1982, and contained in Part 2, Title 24 of the California Administrative Code.

(3) "Unreasonable hardship" means compliance with the regulations would make the specific work of a project affected by the regulations unfeasible based upon an overall evaluation of the following factors:

(A) The cost of providing access;

(B) The cost of all construction contemplated;

(C) The impact of proposed improvements on the financial feasibility of the project;

(D) The nature of the accessibility which would be gained or lost;

(E) The nature of the use of the facility under construction and its availability to handicapped persons.

The details of any finding of unreasonable hardship shall be written and entered in the files of the division of inspectional services.

(Ord. 3374 § 1 (part), 1982)

The chief building official may grant certain exceptions to the regulations if he determines that, in existing buildings, (a) compliance would create an unreasonable hardship and that equivalent facilitation is provided, or (b) legal and physical constraints will not allow compliance or equivalent facilitation without creating an unreasonable hardship. An appeal may be taken from a determination of the chief building official's granting or not granting of an exception to the regulations only where the regulations authorize an appeal by referring to Section 2-105(b) 11D of the regulations wherein an appeal process is required.

(Ord. 3374 § 1 (part), 1982)

(a) In those cases where an appeal is authorized by the regulations, the chief building official shall distribute notice of the initial decision regarding an exception to the regulations in the next available city council packet after the rendering of the decision. Such notice shall also be published once in a local newspaper of general circulation not later than five days after the distribution of the notice in the city council packet.

(b) The notice referred to in this section shall state the address and general description of the subject property and project, and the nature of the determination. Such notice shall also recite the fact that details regarding the project and the decision will be available in the division of inspectional services and that an appeal may be taken from the chief building official's determination within ten days after the publication of the notice.

(Ord. 3374 § 1 (part), 1982)

(a) The city manager, pursuant to the authority granted in the Palo Alto City Charter, Article IV, Section 6(q), shall appoint an advisory committee on regulations for handicapped access to be present at all hearings of appeals and to advise the city manager or designee in making a determination regarding the issues appealed.

(b) The advisory committee on regulations for handicapped access shall be composed of five members, two of whom shall be physically handicapped persons, two of whom shall be persons experienced in construction, and one who shall be a member of the public. The members of the committee shall serve at the discretion of the city manager and without compensation.

(Ord. 3374 § 1 (part), 1982)

(a) The following persons or entities may appeal a decision of the chief building official in those cases described in Section16.56.030:

(1) A project owner or his representative appealing a determination regarding unreasonable hardship;

(2) A project owner or his representative appealing a determination regarding equivalent facilitation;

(3) An interested individual or organization appealing an exception granted.

(b) An appeal from the decision of the chief building official shall be initiated within ten days after the publication of notice of the decision, as provided in Section 16.56.040, by the filing at the office of the city manager of a written, dated appeal in duplicate, containing:

(1) A caption reading: "Appeal of _________________ Before the City Manager," stating the names of all appellant(s) participating in the appeal and their status in relation to the project being appealed;

(2) A statement containing all facts supporting the contentions of the appellant(s) and all reasons why the decision of the chief building official should be reversed, modified, or set aside;

(3) The signatures of all parties named as appellants and their official mailing addresses;

(4) A fee, as set forth in the municipal fee schedule for planning department appeals.

(c) Upon receipt of any appeal, the city manager or a designee shall set a date for a hearing. Such hearing shall be held within fifteen days of receipt of the appeal. A notice of the time and place of the hearing shall be given to the appellant(s) by the city manager or designee in writing. The notice shall be mailed, postage prepaid, addressed to the appellant(s) at the address listed on the appeal, or it shall be delivered to the appellant(s) personally, at least ten days prior to the hearing date. If the appellant is other than the project owner, the project owner shall also be notified of the hearing. In addition, members of the advisory committee (Section 16.56.050) shall be mailed notice of the hearing.

(d) The city manager or designee (other than any personnel from the division of inspectional services), shall hear the appeal. At the time and place set for the hearing the city manager or designee shall receive all testimonial, documentary and tangible evidence bearing on the issues. The city manager or designee may continue the hearing from time to time. The city manager or designee acting with the advice of those members of the advisory committee who are present, may approve, modify or disapprove the determination of the chief building official. If circumstances warrant, those members of the advisory committee who were present at the hearing may have up to three working days to transmit their recommendations to the city manager or designee.

(e) Within three working days of the receipt of the advisory committee's recommendations, the city manager or designee shall render a decision in writing. This decision shall be mailed, postage prepaid, to the appellant(s) at the address listed on the appeal or delivered to the appellant(s) personally. If the appellant is other than the project owner, the project owner shall also be notified of the decision. The decision of the city manager or designee shall also be mailed to members of the advisory committee.

(f) The decision of the city manager or the designee, shall be final.

(Ord. 3374 § 1 (part), 1982)

If any provision or clause of this chapter or the application thereof to any person or circumstance is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other chapter provisions, and clauses of this chapter are declared to be severable.

(Ord. 3374 § 1 (part), 1982)