Petaluma Municipal Code Ch. 17.14 Residential Visitability and Universal Design

• This chapter is adopted pursuant to the provisions of Health and Safety Code Section 17959.

This chapter shall be known and may be cited as the "Residential Visitability and Universal Design" chapter. (Ord.

2802 NCS §5, 2022.)

A. The purposes of this chapter are to:

1. Establish consistent, practical, and proven building and design standards that will make speciZed

dwelling units visitable, more usable, and safer for occupancy and visitability by persons with disabilities or

frailties.

2. Enhance the full life cycle use of housing without regard to the physical abilities or disabilities of a

home’s occupants or guests to accommodate a wide range of individual preferences and functional abilities.

3. Implement the city of Petaluma’s general plan housing element by providing housing that meets a

diverse range of needs, including those of disabled occupants and visitors.

4. This chapter is not intended to create or otherwise establish or designate and shall not be construed as

creating or otherwise establishing or designating any particular class or groups of persons who will or should

be specially protected or beneZted by the requirements of this chapter.

(Ord. 2802 NCS §5, 2022.)

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. 2802 NCS §5, 2022.)

The following words and terms shall, for the purposes of this chapter, have the meanings speciZed below. Words

and terms not deZned in this section that are deZned in Chapter 2 of the California Building Standards Code

(CBSC) shall have the meanings ascribed to them in Chapter 2 of the CBSC. Words and terms not deZned 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 deZned in the CBSC, Chapter 11A.

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/shower, or both a shower and bathtub. It includes a compartmented bathroom in which the

Zxtures are distributed among interconnected rooms.

D. "Building o\cial" shall have the same meaning as "Building O\cial" as deZned 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 Zxtures 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 o\cial.

J. "Universal design dwelling" means a dwelling unit satisfying all the criteria in Section 17.14.070.

K. "Visitable dwelling" means a dwelling unit satisfying all the criteria in Section 17.14.060.

(Ord. 2802 NCS §5, 2022.)

A. The requirements of this chapter shall apply to building permit applications for one or more dwelling units,

except as otherwise provided in this section.

B. The requirements of Section 17.14.060, Visitable dwellings, shall apply to all new dwelling units within a

building with four or fewer dwelling units.

C. The requirements of Section 17.14.070, Universal design dwellings, shall apply to thirty percent of the total

dwelling units within developments with Zve 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 based on extenuating circumstances as part of the project approval. 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 through the site plan

and architectural review process, Chapter 24 of the Implementing Zoning Ordinance (Ordinance 2300 NCS);

provided, that 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 Zre or other natural disaster;

3. Accessory dwelling units, as that term is deZned in Section 17.09.020; or

4. 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 site plan and

architectural review approval, pursuant to Chapter 24 of the Implementing Zoning Ordinance, prior to the e]ective

date of this chapter.

(Ord. 2802 NCS §5, 2022.)

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

A. An accessible primary entrance in accordance with Section 17.14.080.

B. An accessible interior route in accordance with Section 17.14.090.

C. An accessible common room in accordance with Section 17.14.100.

D. An accessible primary [oor powder room/bathroom in accordance with Section 17.14.110.

(Ord. 2802 NCS §5, 2022.)

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

A. An accessible primary entrance in accordance with Section 17.14.080.

B. An accessible interior route in accordance with Section 17.14.090.

C. An accessible common room in accordance with Section 17.14.100.

D. An accessible primary [oor powder room/bathroom in accordance with Section 17.14.110.

E. An accessible bedroom in accordance with Section 17.14.120.

F. An accessible kitchen in accordance with Section 17.14.130.

G. The miscellaneous accessible requirements in accordance with Section 17.14.140.

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 shall have electrical outlets at stairs to accommodate

future stair chairlift installation.

(Ord. 2802 NCS §5, 2022.)

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

accordance with subsection B of this section.

B. Accessible primary entrances shall include the following:

1. An exterior accessible route that is either:

a. Consistent with the requirements of CBSC, Chapter 11A; or

b. Not less than forty inches wide and with a slope no greater than one unit vertical in twenty units

horizontal.

2. An accessible primary entrance that is consistent with the requirements of CBSC, Chapter 11A.

3. A [oor 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, Chapter 11A; or

b. Having a level area on the side to which the accessible entrance door swings extending twenty-four

inches past the strike edge of the door.

4. An exterior accessible entry door that is either:

a. Consistent with the requirements of CBSC, Chapter 11A; or

b. Having a thirty-four-inch net clear opening.

5. A second exterior door that is installed so that it is accessible as provided in this section with a thirty-two-

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 forty-two inches and forty-four inches from the Znished [oor.

7. Where at least one doorbell is provided for the accessible entry door, one that is between forty-two

inches and forty-eight inches from the Znished [oor.

(Ord. 2802 NCS §5, 2022.)

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

with subsection B of this section.

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, Chapter 11A, 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 forty-two inches; except that a thirty-nine-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 thirty-four inches, and a thirty-six-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 thirty-six 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. 2802 NCS §5, 2022.)

A. Visitable dwelling units and universal design units shall all include an accessible common use room in

accordance with subsection B of this section.

B. Accessible common use rooms shall:

1. Be located on accessible interior routes.

2. Not have sunken areas.

3. Construction shall be consistent with standards related to accessible path to any other common room on

the primary entry level.

(Ord. 2802 NCS §5, 2022.)

A. Visitable dwelling units and universal design units shall all include an accessible primary [oor powder room/

bathroom in accordance with subsection B of this section.

B. Accessible primary [oor powder rooms/bathrooms shall:

1. Be on the same level of the residential unit as a primary accessible entry of the residential dwelling unit

that complies with the requirements of CBSC, Chapter 11A.

2. Contain clear space that is either:

a. Consistent with the requirements of CBSC, Chapter 11A; or

b. Outside of the swing of the door and either a forty-eight-inch circle, a forty-eight-inch by sixty-inch

rectangle or a sixty-inch-diameter circle, at the option of the purchaser/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, Chapter 11A; or

b. Grab bars installed in a manner consistent with CBSC, Chapter 11A for the toilet, shower/bath, or

lavatory, or any combination thereof, at the option of the purchaser/owner.

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

the requirements of CBSC, Chapter 11A.

6. Include a lavatory or sink installed consistent with CBSC, Chapter 11A.

7. Include a toilet installed consistent with CBSC, Chapter 11A.

8. Include removable cabinets under the lavatory/sink.

9. Include only mirrors and towel Zxtures in the accessible bathroom or powder room that are installed

consistent with the requirements of CBC Chapter 11A.

(Ord. 2802 NCS §5, 2022.)

A. Universal design units shall all include an accessible bedroom in accordance with subsection B of this section.

B. Accessible bedrooms shall:

1. Be on an accessible interior route of travel.

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

shelving.

(Ord. 2802 NCS §5, 2022.)

A. Universal design units shall all include an accessible kitchen in accordance with subsection B of this section.

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, Chapter 11A.

3. Include at least a forty-eight-inch by sixty-inch clear space in front of a stove at the base of a U-shaped

kitchen.

4. Include at least a thirty-inch by forty-eight-inch clear space in front of the sink (counting open access

underneath, if available).

5. Include at least one eighteen-inch-wide breadboard and/or at least eighteen inches of counter space at a

thirty-four-inch height, or any combination thereof, at the option of the purchaser/owner.

6. Have sink controls consistent with CBSC, Chapter 11A.

7. Have an adjustable sink and/or removable under-sink cabinets consistent with CBSC, Chapter 11A.

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

(Ord. 2802 NCS §5, 2022.)

design dwellings.

A. Universal design units shall be built in accordance with subsections B through G of this section.

B. The installation of all receptacle outlets, lighting controls and environmental controls throughout the

residential dwelling unit must comply with CBSC, Chapter 11A 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, Chapter 11A. However, a thirty-four-inch clear doorway width is permitted

provided from a hallway with a thirty-nine-inch width, and a thirty-six-inch clear doorway width is permitted from a

hallway with a thirty-six-inch width.

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

Chapter 11A.

F. Flooring along accessible interior routes must be consistent with CBSC, Chapter 11A.

G. Standards pertaining to residential structures from ANSI A117.1 shall apply throughout this chapter when

CBSC, Chapter 11A does not contain speciZc 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. 2802 NCS §5, 2022.)

A. When the applicant adequately demonstrates to the building o\cial’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 building o\cial shall grant an exception to that portion of the

regulation.

B. When the applicant adequately demonstrates to the building o\cial’s reasonable satisfaction that a

residential dwelling unit is being reconstructed as a result of a natural disaster, the building o\cial shall grant an

exemption to all or any portion of this chapter.

C. In considering whether an undue hardship may exist so as to justify an exemption pursuant to this section,

the building o\cial 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

Znancial 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. 2802 NCS §5, 2022.)

A. Any aggrieved applicant may appeal a determination of the building o\cial regarding the application of the

provisions of this chapter to a development project.

B. Appeals must be Zled in writing with the building o\cial not later than fourteen days after the date of the

determination by the building o\cial.

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

D. Appeals shall be considered by the building board of appeals at a public hearing pursuant to Chapter 17.08.

(Ord. 2802 NCS §5, 2022.)

Violations of the requirements of this chapter shall be subject to enforcement and imposition of the remedies

listed in Chapters 1.10, 1.11, 1.13, 1.14, 1.15 and 1.16. (Ord. 2802 NCS §5, 2022.)