Thousand Oaks Municipal Code Ch. 15 Disabled Access Appeals and Advisory Board

Pursuant to the provisions of Part 5.5 of the State Health and Safety Code, (Section 19955, et seq.), it is the intent of the City Council to insure that all public accommodations or facilities constructed in the City with private funds, shall be accessible to, and usable by, the disabled and, therefore, there is hereby established a physically handicapped access appeals board herein referred to as “Disabled Access Appeals and Advisory Board.” It is further the intent of the Council that in cases of practical difficulty or extreme differences, exceptions may be granted from the literal requirements of the standards and specifications required by Title 24 of the California Code of Regulations, state statutes or local law, or to authorize the use of other methods or materials, but only when the work involves specified small jobs, or it is clearly evident that equivalent facilitation and protection are thereby secured.

It is further the intent of the Council to obtain full compliance with disabled accessibility requirements in all publicly funded buildings.

(§ 1, Ord. 1037-NS, eff. July 25, 1989, as amended by § 3, Ord. 1173-NS, eff. March 2, 1993, and § 2, Ord. 1294-NS, eff. October 2, 1997)

The Disabled Access Appeals and Advisory Board is hereby created and shall be composed of five (5) at-large community members with appropriate qualifications. Two (2) persons on the Board shall be disabled persons who are movement impaired, two (2) members shall be persons experienced in construction and one (1) member shall be a public member, all of whom shall be residents of the City.

(§ 1, Ord. 1037-NS, eff. July 25, 1989, as amended by § 3, Ord. 1173-NS, eff. March 2, 1993, and § 2, Ord. 1294-NS, eff. October 2, 1997, as amended by part 1, Ord. 1440-NS, eff. July 21, 2005)

(a) Appointment. After compliance with the State Maddy Act, the Council shall appoint qualified members of the Board. Each member of the Disabled Access Appeals and Advisory Board serves at the pleasure of the Council and may be removed by a majority vote of all members of the Council.

(b) Terms. At-large Board Member appointments shall be for two-year staggered terms. Three terms shall expire at end of February of even numbered years and two terms shall expire at end of February of odd numbered years.

(c) Vacancies. A vacancy on the Disabled Access Appeals and Advisory Board shall be filled by City Council appointment of a qualified member, pursuant to procedures adopted by Council resolution.

(§ 1, Ord. 1037-NS, eff. July 25, 1989, as amended by § 3, Ord. 1173-NS, eff. March 2, 1993, as amended by part 1, Ord. 1440-NS, eff. July 21, 2005)

(a) General. The purpose of the Board is to act in an advisory capacity to the City Council relative to measures and methods utilized to promote disabled accessibility in the City. The duties of the Board are:

(1) To advise and recommend to the City Council ways and means to promote disabled accessibility in the City. The Board may also, upon request, advise private owners of ways to improve disabled accessibility of private property.

(2) To explore methods of obtaining private, local, state and federal funds to promote disabled accessibility within the City.

(3) To render assistance regarding disabled accessibility in City sponsored programs, activities and services and on access to City properties.

(b) Appeals. The Disabled Access Appeals and Advisory Board shall consider at a noticed public hearing all matters referred to it by the City Council, staff, and any written appeals filed by any aggrieved person regarding a City departmental action taken, except as technical decision referred to in this subsection, on a denial or issuance of building permit, paving permit or departmental permit concerning issues of the application of state law, City ordinances or City policies governing access for the disabled to public accommodations in buildings and facilities constructed with private funds. However, there is no right of appeal with regards to a departmental decision required to meet specific numerical standards of Title 24 of the California Code of Regulations, when no exception, exemption or other relief is authorized by that law.

(c) Exceptions. The Board shall also review appeals of the Building Official’s or the Department of Community Development’s granting or denying of exceptions authorized under Title 24 of the California Code of Regulations. Other than the small project exception under subsection (c) below, in reviewing appeals of departmental decisions on exceptions from the literal requirements of the standards and specifications authorized under Title 24, or City codes, or in permitting the use of other methods and materials concerning disabled accessibility and usability, the Board may approve such only when it finds (1) an unreasonable hardship, if Title 24 requires such, would be created for the permit applicant to alter the existing structure, and (2) it is clearly evident that equivalent facilitation access and protection will be secured. “Equivalent facilitation” means an alternative method of complying with the literal requirements of the standards or specifications that provides access in terms of the purpose of those standards or specific actions.

(d) Small project exceptions. When the total construction cost of alterations, structural repairs or additions does not exceed the State’s 1996 valuation threshold amount of Eighty-One Thousand Eight Hundred Ninety-Six and Forty-Six/100ths ($81,896.46) Dollars, as annually adjusted by the Construction Cost Index, the Board, on appeal of such projects, may find that an unreasonable

hardship exists on the permit applicant, and compliance shall be limited to the actual work of the project. For purposes of this exception, an unreasonable hardship exists where the cost of providing an accessible entrance, path of travel, sanitary facilities, public phones and drinking fountains, is disproportionate to the cost of the project; that is, where it exceeds twenty (20%) percent of the cost of the project without these features. Where the cost of alterations necessary to make these features fully accessible is disproportionate, access shall be provided to the extent that it can be without incurring disproportionate cost.

The obligation to provide access may not be evaded by performing a series of small alterations to the area served by a single path of travel if those alterations could have been performed as a single undertaking. If an area has been altered without providing an accessible path of travel to that area, and subsequent alterations of that area or a different area on the same path of travel are undertaken within three (3) years of the original alteration, the total cost of alterations to the areas on that path of travel during the preceding three (3) year period shall be considered in determining whether the cost of making that path of travel accessible is disproportionate. Only alterations undertaken after January 26, 1992, shall be considered in determining if the cost of providing an accessible path of travel is disproportionate to the overall cost of the alterations.

(e) Total exemptions. Where Title 24 authorizes the Building Official’s finding of total exemption from full compliance for existing structures, the appeals process to the Board shall be required to ratify such action as required by Section 101.17.11, Item 4 of Title 24.

(f) Factors for determining unreasonable hardship. When required to find an unreasonable hardship pursuant to granting any exceptions under state law or City ordinance, the Board shall consider:

(1) Cost of providing access.

(2) Cost of all construction contemplated.

(3) Impact of proposed access improvements on financial feasibility of the project.

(4) Nature of accessibility which would be gained or lost.

(5) Nature of the use of the facility under construction and its availability to disabled persons.

(g) Recommendations. With issues sent to the Disabled Access Appeals and Advisory Board by City staff or the City Council, the Board shall provide recommendations to the City Council for the Council’s approval of interpretations, policies, standards or guidelines to be used by the Building Official, other City departments or the Board pertaining to unreasonable hardships, other exceptions and the interpretation or application of state or City laws, or city policies governing access for the disabled to public accommodations or facilities constructed with private funds.

(h) Decision: Appeal to Council. The Board may grant, conditionally grant or deny any appeal. The decision of an appeal shall be concurred in by at least three (3) members of the Board. The granting or denying of any appeal by the Board may be appealed by the applicant, any aggrieved person or any individual Councilmember (without fee) to the City Council.

(§ 1, Ord.1037-NS, eff. July 25, 1989, as amended by § 3, Ord. 1173-NS, eff. March 2, 1993, and § 2, Ord. 1294-NS, eff. October 2, 1997)

(a) Appeal right. Any person aggrieved by a decision or action taken by the Building Official or the Department of Community Development on any building permit, paving permit or development permit (including a major or minor modification) being reviewed by that department and concerning the application of state law, federal law, Title 24 of the California Code of Regulations, City ordinances, or City policies, governing access of the disabled to public accommodations and facilities in building or facilities constructed with private funds, may file an appeal to the Board concerning that action with the

Building Official. However, there is no right of appeal to a departmental decision required to meet specific numerical standards of Title 24 when no exception, exemption or other relief is authorized by that law. An “aggrieved” person for the purpose of this chapter shall mean the applicant for the permit subject to departmental action or any other person.

(b) Time of appeal. The applicant for a City development permit, filed with the Department of Community Development, may request an early appeal of any decision of that department concerning disabled parking or exterior access for that project. Also, appeals may be filed under the City’s Special Accommodations/Lack of Access procedures as contained in the ADA Self Analysis for City of Thousand Oaks programs. All other appeals shall be filed within ten (10) days of the issuance of the tentative building paving or development permit. These permits shall be conditionally issued and subject to the ten (10) day appeal period. The Department of Community Development and the Building Official shall publicly post a list of all building permits, development permits and exceptions subject to Title 24, such as are approved in order to provide the public with notice of permits which an aggrieved person may wish to appeal.

(c) Form: Fees. The appeal shall be on the City approved form and clearly set forth the grounds and basis for the appeal. No appeal shall be considered by the Disabled Access Appeal and Advisory Board except upon the grounds stated. Except for an appeal of a special accommodation/lack of access involving City administered programs, no appeal shall be deemed filed and accepted unless the appeal processing fee is paid at that time by the appellant in the amount as determined by City Council resolution to cover the cost connected with processing that appeal.

(d) Hearing: Notice: Appeal to Council. The Board shall hold a noticed public hearing and make its determination on the appeal within thirty (30) days of its filing with the Building Official and issue its decision by resolution containing the required findings. Notice shall be published and posted in a conspicuous place at City Hall at least ten (10) days prior to the hearing. The notice of the time and place of the hearing shall also be mailed to the appellant and the affected permit applicant at least ten (10) days prior to the hearing. This hearing may be set beyond thirty (30) days, providing a written waiver of such time limit is given by the permit applicant. If the Board fails to act on any appeal within the time limit specified in this subdivision, then the action of the Building Official on the matter shall be final subject to appeal to the City Council. The appeal to the Council shall be filed within five (5) days of the Board’s decision. The appeal to the Council shall be on the City’s approved form, filed with the Building Official. No appeal shall be considered unless the appropriate fee is paid upon filing. The Council shall hear the appeal within thirty (30) days of its filing.

(e) Open hearings. The Board’s public hearings shall be open to the general public with a public concerns opportunity and an agenda posted pursuant to the requirements of state law (the Brown Act).

(§ 1, Ord. 1037-NS, eff. July 25, 1989, as amended by § 3, Ord. 1173-NS, eff. March 2, 1993, and § 2, Ord. 1294-NS, eff. October 2, 1997)

The Disabled Access Appeals and Advisory Board shall adopt such procedural rules as it deems necessary for conducting hearings as required by this chapter.

(§ 1, Ord. 1037-NS, eff. July 25, 1989; as amended by § 3, Ord. 1173-NS, eff. March 2, 1993)

Each member of the Disabled Access Appeals and Advisory Board shall be paid on a per meeting attended basis, in accordance with an approved compensation schedule as established by City Council resolution.

(§ 1, Ord. 1037-NS, eff. July 25, 1989; as amended by § 3, Ord. 1173-NS, eff. March 2, 1993)