Yorba Linda Municipal Code Ch. 8.40 Services for the Handicapped

"Access key"

means any of the various devices necessary for ingress or egress to gated communities. These devices include, but are not limited to, access cards, access codes, keys and electronic signaling devices.

"Gated community"

means a residential community which is accessible to vehicles only through mechanical or electronic gates which requires an "access key" which is available to residents of the community only.

"Handicapped Transportation Agency"

means those agencies funded in whole or in part through public funds, whether or not a fee is charged for their services, which provide door-to-door transportation services to handicapped persons. Handicapped Transportation Agencies include, but are not limited to, area school districts which provide transportation services for the handicapped, and local transportation agencies whose primary purpose is to provide transportation services to handicapped persons.

"Letter of denial"

means a letter sent by the gated community to the Handicapped Transportation Agency indicating a denial of the request for an access key and outlining the specific reason(s) for the denial as provided in Section 8.40.030.

"Letter of request"

means a letter sent by the Handicapped Transportation Agency to the gated community seeking an access key and the letter shall include the information required by Section 8.40.020.

(Prior code § 19-122; Ord. 89-626 § 2)

A. A Handicapped Transportation Agency may seek an access key to a gated community by sending a letter of request to the manager, director, rental agency or owner of the community in which the handicapped person(s) reside.

B. The letter of request shall include the name, address and telephone number of the agency and a statement describing the Handicapped Transportation Agency's services and source of funding.

C. The letter of request shall include the names and addresses of those handicapped persons residing within the gated community who are to be provided transportation by the Handicapped Transportation Agency, a statement agreeing to indemnify and hold harmless the City and the gated community for all liability occurring on the property pursuant to Section 8.40.040(A), and proof of insurance naming both the City and the gated community as additional insureds as required by Section 8.40.040(B).

D. The Handicapped Transportation Agency also agrees to not disrupt the flow of traffic while within the gated community.

E. A copy of the letter of request shall be sent to the community development director of the City of Yorba Linda.

(Prior code § 19-122; Ord. 89-626 § 2)

Within thirty days of receipt of a letter of request, the gated community shall provide the Handicapped Transportation Agency with sufficient access keys to service the community's handicapped persons. The gated community may not deny a request unless it in good faith believes that none of its handicapped residents are served by the Handicapped Transportation Agency, the requesting party is not a bona fide Handicapped Transportation Agency as defined in this chapter or that community does not qualify as a gated community as defined by this chapter. A letter of denial indicating the specific reason(s) for denial of the request shall be sent to the Handicapped Transportation Agency along with a copy to the Community Development Director of the City.

(Prior code § 19-122; Ord. 89-626 § 2)

A. Upon receipt of an access key, the Handicapped Transportation Agency agrees to indemnify and in all respects hold harmless the gated community and the City for all damages, injuries or other liabilities resulting from the negligent, reckless or intentional conduct of the Handicapped Transportation Agency, its employees, or its passengers while within the boundaries of the gated community.

B. The Handicapped Transportation Agency agrees to take and maintain in full force and effect liability and property damage insurance with the gated community and the City named as additional insured for liability or financial loss resulting from injuries occurring to persons or to property within the gated community, the amount of the insurance to be not less than one million dollars for bodily injury for any one person on account of any one incident and for property damage. All such insurance shall provide "date of occurrence" and not "claims made" coverage. The Handicapped Transportation Agency shall provide the gated community and the City with a certificate of insurance evidencing compliance with the foregoing, and such certificates shall provide for a written obligation on the part of the Handicapped Transportation Agency's insurance carrier to notify the gated community and the City in writing thirty days prior to the cancellation of or material change in the policy.

(Prior code § 19-122; Ord. 89-626 § 2)

A. The Handicapped Transportation Agency may appeal a denial of an access key to the Community Development Director of the City within thirty days of the receipt of the letter of denial.

B. The Community Development Director will notify both parties and hold a hearing on the matter within thirty days of receipt of the appeal request.

C. The Community Development Director will only consider evidence relevant to the specific reasons for denial included in the gated community's letter of denial pursuant to Section 8.40.030.

D. The Community Development Director will issue a decision within fifteen days of the hearing. The Community Development Director's decision shall be final.

(Prior code § 19-122; Ord. 89-626 § 2)