HomeMy WebLinkAboutOrdinance 2802 N.C.S. 03/21/2022 DocuSign Envelope ID:27F7B5D2-A54C-4730-9BC7-96299CBD6594
EFFECTIVE DATE ORDINANCE NO. 2802 N.C.S.
OF ORDINANCE
April 20, 2022
Introduced by Dave King Seconded by D'Lynda Fischer
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE
PETALUMA MUNICIPAL CODE TO ENACT A NEW CHAPTER 17.14 ENTITLED
"RESIDENTIAL VISITABILITY AND UNIVERSAL RESIDENTIAL DESIGN"
WHEREAS, the 2019 Edition of the California Building Standards Code (CBSC) took
effect throughout California on January 1, 2020; and
WHEREAS, Health and Safety Code Section 17959 authorizes local agencies to establish
local building standards to include universal design standards that enhance the full life cycle use
of housing without regard to the physical abilities or disabilities of a home's occupants or guests
in order to accommodate a wide range of individual preferences and functional abilities; and
WHEREAS, on December 16, 2019 the Petaluma City Council adopted Urgency
Ordinance No. 2705 N.C.S to adopt by reference the 2019 CBSC, including local amendments
reasonably necessary because of local climatic, topographic, and geologic conditions in
accordance with Health and Safety Code Sections 17958.5 and 18941.5, and Urgency Ordinance
2705 N.C.S. took effect January 1, 2020; and
WHEREAS, also on December 16, 2019 the City Council introduced Ordinance No. 2708
N.C.S., a non-urgency ordinance to adopt by reference the 2019 CBSC, including local
amendments reasonably necessary because of local climatic,topographic,and geologic conditions;
and
WHEREAS, Urgency Ordinance No. 2705 N.C.S. provided that it would automatically
expire and be repealed upon Ordinance No. 2708 N.C.S.taking effect, and on January 6,2020,the
Petaluma City Council adopted Ordinance No. 2708 N.C.S. and, in doing so, adopted by reference
the 2019 California Buildings Standards Code including local amendments reasonably necessary
because of local climatic, topographic, and geologic conditions, and Ordinance 2708 N.C.S. took
effect on February 6, 2020, thirty days after its adoption, at which time Urgency Ordinance No.
2705 N.C.S. expired and was repealed, with Ordinance No. 2708 N.C.S remaining in effect; and
WHEREAS, the Petaluma City Council now desires to adopt amendments to the 2019
CBSC to include universal design standards for new residential dwellings, as defined, which are
reasonably necessary to enhance the full life cycle use of housing by ensuring that new dwellings
are designed and constructed without regard to the functional limitations or disabilities of a home's
ORDINANCE NO. 2802 N.C.S
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occupants or guests to accommodate a wide range of individual preferences and abilities, in
accordance with findings included in this ordinance in accordance with the requirements of Health
& Safety Code Section 17959, which findings are a public record; and
WHEREAS, California Health and Safety Code Section 17959(b) provides that before
making any changes or modifications to the CBSC pursuant to Section 17959(b), the governing
body must make findings that such modifications or changes are: (1) reasonably necessary; (2)
substantially the same as the model ordinances adopted by the California Housing & Community
Development Department pursuant to Section 17959(a) ("HCD Model Ordinance"); and (3) not
less restrictive than the requirements published in the CBSC; and
WHEREAS, California Health and Safety Code Section 17959(b) requires that an
ordinance adopted pursuant to that section must be filed with the California Housing &
Community Development Department to become effective or operative, and that the California
Housing&Community Development Department may evaluate the ordinance for consistency with
Health & Safety Code Section 17959(b) and, if evaluated, shall provide written comments to the
adopting agency; and
WHEREAS, adoption of Universal Residential Design amendments to the 2019 CBSC is
in furtherance of Resolution No. 2019-107 N.C.S., adopted July 1, 2019 approving City Council
Goals and Priorities for 2019 through 2020, including Workplan Item No. 95: "Consider adopting
a visitability ordinance to provide accessibility in new single-family home construction;" and
WHEREAS, adoption of Universal Residential Design amendments to the 2019 CBSC is
in furtherance of Policy 6.5 of the Petaluma General Plan Housing Element: "Promote the
provisions of disabled-accessible units and housing for the developmentally, mentally and
physically disabled;" and
WHEREAS, adoption of Universal Residential Design amendments to the 2019 CBSC is
in furtherance of Goal 7 (Fair Housing) of the Petaluma General Plan Housing Element:
"Promote a choice of housing types and locations available to all persons,regardless of race,color,
religion, sex, sexual orientation, national origin, ancestry, familial status, source of income, age,
marital status, medical condition or disability;" and
WHEREAS,according to the Association of Bay Area Governments' Plan Bay Area 2050
Regional Growth Forecast, the share of people in the 65+ age group is anticipated to continue to
grow in the decades ahead, more than doubling between 2015 and 2050, from 14 percent of the
total population to 23 percent;' and
WHEREAS,adoption of the Universal Residential Design amendments to the 2019 CBSC
will respond to the forecasted increase in persons over 65 years of age by requiring the
' Plan Bay Area 2050: Regional Growth Forecast, memorandum by Metropolitan Transportation
Commission/Association of Bay Area Governments dated July 1,2020.
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development of residential dwelling units with design features that support aging in place; and
WHEREAS, the Center for Disease Control estimates that 26% of all adults in the United
States have some type of disability including mobility, cognition, independent living, hearing,
vision and self-care disabilities; 2, 3 and
WHEREAS, according to a 2021 American Association of Retired Persons survey, more
than ninety-seven percent (97%) of persons aged fifty(50) and older would prefer to stay in their
current residence as long as possible;4 and
WHEREAS, according to the City's Certified Housing Element, there are 5,112 Petaluma
residents with at least one disability, 11,017 Petaluma residents over the age of 60 years of age,
and approximately 46.8% percent of the City's senior residents have physical conditions which
may affect their ability to live independently in conventional residential settings; and
WHEREAS, according to the Existing Conditions Report prepared to inform subsequent
policy development as part of the City's General Plan update which was presented to the City
Council on January 3, 2022, Petaluma's population is aging at a faster rate than that of Sonoma
County and the State of California, in that 35% of the Petaluma population is 55 or older, 6.6%
of the Petaluma Population is 75 or older, and since 2000, the share of the Petaluma population
that is 65 or older has increased by 57.7%, more than double the rate in the State of California,
and higher than the rate in Sonoma County; and
WHEREAS, adoption of Universal Residential Design amendments to the 2019 CBSC
will address the prevalence of persons with disabilities by ensuring the development of residential
dwelling units that enhance residents' ability to remain in their homes during periods of temporary,
developing, or permanent disabilities or frailties and accommodates a wide range of individual
preferences and functional abilities; and
WHEREAS, this ordinance was presented to the Planning Commission at a duly noticed
public hearing on February 8,2022 for feedback, at which time the Planning Commission received
public comment and after discussion unanimously supported the proposed amendments; and
WHEREAS, this ordinance enacts regulations constituting a project under the California
Environmental Quality Act(CEQA)in accordance with Section 15378, subdivisions(a)and(b)of
the CEQA Guidelines, because, although as a regulatory action, the ordinance will result in no
direct physical change in the environment,the ordinance has a potential for resulting in reasonably
foreseeable indirect physical change in the environment related to new residential building
2 Disability Impacts All of Us, Center for Disease Control
(https://www.cdc.gov/ncbddd/disabilityandhealth/infographic-disability-impacts-all.html)
3 Okoro CA, Hollis ND, Cyrus AC, Griffin-Blake S. Prevalence of Disabilities and Health Care Access by
Disability Status and Type Among Adults—United States,2016. MMWR Morb Mortal Wkly Rep 2018;67:882-
887.DOI:
4 https://www.agM.org,/content/dam/a4M/research/surveys statistics/liv-com/2021/2021-home-community-
preferences-annotated-questionnaire-age.doi.10.26419-2Fres.00479.002.pdf
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construction by imposing requirements that new residential buildings, include design features that
enable residents to remain in their homes during periods of temporary, developing, or permanent
disabilities or frailties and accommodates a wide range of individual preferences and functional
abilities, and because the ordinance is subject to discretionary approval by the City Council; and
WHEREAS, notwithstanding the potential of this ordinance to result in reasonably
foreseeable indirect physical change in the environment through its regulation of new building
construction, this ordinance is exempt from the requirements of CEQA,pursuant to the "common
sense"exemption in CEQA Guidelines Section 15061(b)(3because CEQA applies only to projects
that have the potential for causing a significant effect on the environment, and it can be seen with
certainty that there is no possibility that this ordinance will have a significant effect on the
environment, in accordance with the following:
• This ordinance would not encourage new construction, and instead
imposes regulatory standards, such as requirements for exterior access
pathways to dwelling entries, interior access through bathroom entries,
and standards for accessible bathrooms that are more stringent than the
standards set forth in the CBSC.
• Most of the regulatory standards imposed by this ordinance apply to
interior modifications. Proposed modifications to the interior of an
historic home do not constitute a project subject to CEQA because such
changes are not visible or perceptible outside the home. (Martin v. City
and County of San Francisco (2005) 135 Cal. App. 4th 392.)
• Application of the more stringent standards established in this ordinance
to subsequent new building construction plan review will result in new
residential buildings that enable residents to remain in their homes during
periods of temporary,developing,or permanent disabilities or frailties and
which accommodate a wide range of individual preferences and
functional abilities. The building designs anticipated under this ordinance
are anticipated to be substantially similar to those under the City's existing
implementation of the CBSC. For example, this ordinance establishes
dimensional specifications that are minimally increased to accommodate
persons with mobility impairments, such as pathways and doors wide
enough for wheelchairs. In addition, requirements in this ordinance
regulating steps along a path of travel or at an entry, maximum slopes for
pathways, and interior wall bracing for future grab bar installation are
consistent with building designs currently permitted under the CBSC.
• Adoption of this ordinance will facilitate administrative review of new
building applications in support of City housing policies that would not
result in direct physical effects on the environment. Development projects
that are subject to this ordinance will be subject to project-level CEQA
review as required by CEQA; and
WHEREAS, no further environmental review under CEQA is required concerning this
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ordinance because when the Housing Element in Chapter I I of Petaluma's General Plan 2025 was
adopted following certification of an Environmental Impact Report ("EIR") filed in accordance
with CEQA with the State Clearing House Number 2004082065, The City's General Plan EIR
includes policies such as Policy 6.5: "Promote the provisions of disabled-accessible units and
housing for developmentally, mentally and physically disabled" and Goal 7 (Fair Housing) :
"Promote a choice of housing types and locations available to all persons,regardless of race,color,
religion, sex, sexual orientation, national origin, ancestry, familial status, source of income, age,
marital status, medical condition or disability," and the General Plan EIR analyzed and addressed
the potential environmental impacts of such General Plan goals and policies as required by CEQA;
and
WHEREAS, prior to adopting this ordinance, the City Council reviewed the
environmental analysis pursuant to CEQA which is contained in this ordinance and received and
considered all written and oral comments on potential environmental effects of the ordinance
which were submitted up to and at the time of the public hearing.
NOW, THEREFORE,be it ordained by the Council of the City of Petaluma as follows:
SECTION 1. RECITALS INCORPORATED AS FINDINGS. The City Council hereby finds
and determines that the foregoing recitals are true and correct and hereby incorporates them into
this ordinance as findings and determinations of the City Council.
SECTION 2.CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council hereby
finds that this ordinance is exempt from the requirements of the CEQA in accordance with the
following discussion and analysis:
A. CEQA Project. This ordinance enacts regulations constituting a project under CEQA in
accordance with Section 15378, subdivisions(a)and(b)of the CEQA Guidelines,because,
although as a regulatory action,the ordinance will result in no direct physical change in the
environment, the ordinance has a potential for resulting in reasonably foreseeable indirect
physical changes in the environment related to new residential building construction by
imposing requirements that new residential buildings include design features that enable
residents to remain in their homes during periods of temporary, developing, or permanent
disabilities or frailties and accommodates a wide range of individual preferences and
functional abilities, and because the ordinance is subject to discretionary approval by the
City Council.
B. Common Sense Exemption. Notwithstanding the potential of this ordinance to result in
reasonably foreseeable indirect physical change in the environment through its regulation
of new building construction, this ordinance is exempt from the requirements of CEQA,
pursuant to the "common sense" exemption in CEQA Guidelines Section 15061(b)(3),
because CEQA applies only to projects that have the potential for causing a significant
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effect on the environment, and it can be seen with certainty that there is no possibility that
this ordinance will have a significant effect on the environment, in accordance with the
following:
1. This ordinance would not encourage new construction, and instead
imposes regulatory standards, such as requirements for exterior access
pathways to dwelling entries, interior access through bathroom entries,
and accessible bathrooms that are more stringent than the standards set
forth in the CBSC.
2. The regulatory standards imposed by this ordinance focus on interior
modifications. Proposed modifications to the interior of an historic home
do not constitute a project subject to CEQA because such changes are not
visible or perceptible outside the home. (Martin v. City and County of San
Francisco (2005) 135 Cal. App. 4ch 392.)
3. Application of the more stringent standards established in this ordinance
to subsequent new building construction plan review will result in new
residential buildings that enable residents to remain in their homes during
periods of temporary,developing,or permanent disabilities or frailties and
which accommodate a wide range of individual preferences and
functional abilities. The building designs anticipated under this ordinance
are anticipated to be substantially similar to those under the City's existing
implementation of the CBSC. For example, this ordinance establishes
dimensional specifications that are minimally increased to accommodate
persons with mobility impairments, such as pathways and doors wide
enough for wheelchairs. In addition, requirements in this ordinance
regulating steps along a path of travel or at an entry, maximum slopes for
pathways, and interior wall bracing for future grab bar installation are
consistent with building designs currently permitted under the CBSC.
4. Adoption of this ordinance will facilitate administrative review of new
building applications in support of City housing policies that would not
result in direct physical effects on the environment.Development projects
that are subject to this ordinance will be subject to project-level CEQA
review as required by CEQA.
Therefore, it can be seen with certainty the ordinance will not cause a significant
environmental effect.
C. Prior CEQA Review.No further environmental review under CEQA is required
concerning this ordinance because when the Housing Element in Chapter 11 of
Petaluma's General Plan 2025 was adopted following certification of an Environmental
Impact Report filed in accordance with CEQA with the State Clearing House Number
2004082065, the City's General Plan includes policies such as Policy 6.5: "Promote the
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provisions of disabled-accessible units and housing for developmentally, mentally and
physically disabled" and Goal 7 (Fair Housing): "Promote a choice of housing types and
locations available to all persons, regardless of race, color, religion, sex, sexual
orientation, national origin, ancestry, familial status, source of income, age, marital
status, medical condition or disability, and the General Plan EIR analyzed and addressed
the potential environmental impacts of such General Plan goals and policies as required
by CEQA.
SECTION 3. AUTHORITY.
This chapter is adopted pursuant to the authority granted by California Health and Safety Code
Section 17959 and the City's police power pursuant to Article XI, Section 5 of the California
Constitution, and other applicable law.
SECTION 4. CALIFORNIA HEALTH & SAFETY CODE SECTION 17959 FINDINGS.
The City Council finds in accordance with the requirements of Health and Safety Code Section
17959(b) concerning the Visitability and Universal Residential Design amendments to the CBSC
pursuant to this ordinance as follows:
1. This ordinance is reasonably necessary because, according to the City's Certified
Housing Element, there are 5,112 Petaluma residents with a disability, 11,017 residents
over the age of 60 years of age, and approximately 46.8% percent of the City's senior
residents have physical conditions which may affect their ability to live independently in
conventional residential settings. Additionally, according to a 2021 AARP survey, more
than ninety-seven percent(97%) of persons age fifty(50) and older would prefer to stay in
their current residence as long as possible.5 Also, according to the Existing Conditions
Report prepared to inform subsequent policy development as part of the City's General
Plan update, which was presented to the City Council on January 3, 2022, Petaluma's
population is aging at a faster rate than that of Sonoma County and that of the State of
California, in that 35% of the Petaluma population is 55 or older, 6.6% of the Petaluma
Population is 75 or older, and since 2000, the share of the Petaluma population that is 65
or older has increased by 57.7%, more than double the rate in the State of California, and
higher than the rate in Sonoma County. Individuals with mobility difficulties may require
special accommodations to their homes to allow for continued independent living. One key
method to promote continuing independence in the home is to build and incorporate a
number of accessibility design features into new homes as they are built. The City Council
hereby finds that the provisions of this chapter are reasonably necessary to serve the City's
older residents and to enhance the full life cycle use of housing without regard to the
physical abilities or disabilities of a home's occupants or guests in order to accommodate
a wide range of individual preferences and functional abilities.
2. This ordinance is substantially the same as the model ordinances adopted by the
s https://www.agM.org,/content/dam/a4M/research/surveys statistics/liv-com/2021/2021-home-community-
preferences-annotated-questionnaire-age.doi.10.26419-2Fres.00479.002.pdf
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California Department of Housing & Community Development pursuant to Section
17959(a) ("HCD Model Ordinance"), because, like the HCD Model Ordinance, this
ordinance promotes full life cycle use of housing regardless of occupants'physical abilities
by establishing building and design standards for visitable and universal design dwellings,
including addressing accessible primary entrances, interior routes, common use rooms,
primary floor bathrooms, bedrooms, kitchens, and other requirements, and the standards
established in this ordinance are consistent with the standards in the HCD Model
Ordinance; and
3. This ordinance is no less restrictive than the requirements published in the CBSC as this
ordinance adopts standards consistent with those in the HCD Model Ordinance and
incorporates and relies on the same CBSC requirements as the HCD Model Ordinance.
SECTION 5. ENACTMENT OF NEW CHAPTER 17.14 OF THE PETALUMA
MUNICIPAL CODE. A new Chapter 17.14 entitled "Residential Visitability and Universal
Design"is hereby added to Title 17,"Building and Construction"of the Petaluma Municipal Code,
to read as follows:
Chapter 17.14
RESIDENTIAL VISITABILITY AND UNIVERSAL DESIGN'
17.14.010 Title.
This chapter shall be known and may be cited as the "Residential Visitability and Universal
Design" chapter.
17.14.020 Purpose and Intent.
A. The purposes of this chapter are to:
1. Establish consistent, practical, and proven building and design standards that will make
specified 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.
6 This chapter is adopted pursuant to the provisions of California Health and Safety Code Section 17959.
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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 benefited by the requirements of
this chapter.
17.14.030 Objective Standards
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.
17.14.040 Definitions.
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 Chapter 2 of the California
Building Standards Code (CBSC) shall have the meanings ascribed to them in Chapter 2 of the
CBS. 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, Chapter 1 IA.
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 Al 17.1,"
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 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 I IA" shall have the same meaning as in Chapter I IA of the CBSC (located
in Part 2, Title 24, 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
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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
17.14.070.
K. "Visitable Dwelling" means a dwelling unit satisfying all the criteria in Section 17.14.060.
17.14.050 Applicability and Effective Date of Regulations.
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(4) or fewer dwelling units.
C. The requirements of Section 17.14.070 (Universal Design Dwellings) shall apply to thirty
percent (30%) of the total dwelling units within developments with five (5) 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 N.C.S.),provided that all other
applicable zoning and buildin 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:
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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, as that term is defined in Section 17.09.040 of this code; or
4. The addition of four(4) 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 Implementing Zoning
Ordinance, prior to the effective date of this chapter.
17.14.060 Visitable Dwellings.
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 Floor Powder Room/Bathroom in accordance with Section 17.14.110.
17.14.070 Universal Design Dwellings.
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 Floor 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 17.140.
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.
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17.14.080 Accessible Primary Entrances.
A. Visitable Dwelling units and Universal Design units shall all include an Accessible Primary
Entrance in accordance with subsection B,below.
B. Accessible Primary Entrances shall include the following:
1. An exterior accessible route that is either:
a. Consistent with the requirements of CBSC Chapter I IA; or
b. Not less than forty inches (40") wide and with a slope no greater than one (1)unit
vertical in twenty(20)units horizontal.
2. An accessible primary entrance that is consistent with the requirements of CBSC Chapter
11 A.
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 Chapter I IA; or
b. Having a level area on the side to which the accessible entrance door swings extending
twenty-four inches (24")past the strike edge of the door.
4. An exterior accessible entry door that is either:
a. Consistent with the requirements of CBSC Chapter I IA; or
b. Having a thirty-four-inch(34")net clear opening.
5. A second exterior door that is installed so that it is accessible as provided in this Section
17.14.080 with a thirty-two-inch(32") 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 (42") and forty-four inches (44")
from the finished floor.
7. Where at least one doorbell is provided for the accessible entry door, one that is between
forty-two inches (42") and forty-eight inches (48") from the finished floor.
17.14.090 Accessible Interior Routes.
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A. Visitable Dwelling units and Universal Design units shall all include Accessible Interior
Routes in accordance with subsection B,below.
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 IIA, 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 (42"); except
that, a thirty-nine inch (39") 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 (34"), and a thirty-six inch (36") 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 (36").
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.
17.14.100 Accessible Common Use Rooms.
A. Visitable Dwelling units and Universal Design units shall all include an Accessible Common
Use Room in accordance with subsection B, below.
B. Accessible Common Use Room 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."
17.14.110 Accessible Primary Floor Powder Rooms/Bathrooms.
A. Visitable Dwelling units and Universal Design units shall all include an Accessible Primary
Floor Powder Room/Bathroom in accordance with subsection B,below.
B. Accessible Primary Floor 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 I IA.
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2. Contain clear space that is either:
a. Consistent with the requirements of CBSC Chapter I IA; or
b. Outside of the swing of the door and either a forty-eight-inch circle, a forty-eight inch
by sixty-inch rectangle (48" x 60") or a sixty-inch (60") diameter circle, at the option
of the purchaser/owner.
3. Contain a bathtub or shower that meets the requirements of ANSI Al 17.1.
4. Contain either of the following:
a. Grab bar reinforcement consistent with CBC Chapter I IA; or
b. Grab bars installed in a manner consistent with CBC Chapter I IA 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 I IA.
6. Include a lavatory or sink installed consistent with CBSC Chapter I IA.
7. Include a toilet installed consistent with CBSC Chapter I IA.
8. Include removable cabinets under the lavatory/sink.
9. Include only mirrors and towel fixtures in the accessible bathroom or powder room that are
installed consistent with the requirements of CBC Chapter 11A.
17. 14.120 Accessible Bedrooms.
A. Universal Design units shall all include an Accessible Bedroom in accordance with subsection
B,below.
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 (32") net opening and
adjustable closet rods and shelving.
17.14.130 Accessible Kitchens.
A. Universal Design units shall all include an Accessible Kitchen in accordance with subsection
B, below.
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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
11 A.
3. Include at least a forty-eight inch by sixty-inch(48"x 60") 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 (30"x 48") clear space in front of the sink
(counting open access underneath, if available).
5. Include at least one eighteen-inch (18")wide breadboard and/or at least eighteen inches
(18") of counter space at a thirty-four-inch (34")height, or any combination thereof, at
the option of the purchaser/owner.
6. Have sink controls consistent with CBSC Chapter I IA.
7. Have an adjustable sink and/or removable under-sink cabinets consistent with CBSC
Chapter 11 A.
8. Include hood fan controls at light switch level or lower.
17.14.140 General Miscellaneous Accessible Requirements for Universal Design Dwellings.
A. Universal Design units shall be built in accordance with subsections B through G, below.
B. The installation of all receptacle outlets, lighting controls and environmental controls
throughout the residential dwelling unit must comply with CBSC Chapter I IA 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 I IA. However, a thirty-four-inch
(34") clear doorway width is permitted provided from a hallway with a thirty-nine inch (39")
width,and a thirty-six inch(36")clear doorway width is permitted from a hallway with a thirty-
six inch (36")width.
E. The width of the level area on the side toward which an accessible door swings must be
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consistent with CBSC Chapter I IA.
F. Flooring along accessible interior routes must be consistent with CBSC Chapter 11A.
G. Standards pertaining to residential structures from ANSI Al17.1 shall apply throughout this
chapter when CBSC Chapter I IA 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.
17.14.150 Exemptions.
A. When the applicant adequately demonstrates to the Building Official'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 Official
shall grant an exception to that portion of the regulation.
B. When the applicant adequately demonstrates to the Building Official's reasonable satisfaction
that a residential dwelling unit is being reconstructed as a result of a natural disaster, the
Building Official 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 Official 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.
17.14.160 Appeals.
A. Any aggrieved applicant may appeal a determination of the Building Official regarding the
application of the provisions of this Chapter to a development project.
B. Appeals must be filed in writing with the Building Official not later than fourteen (14) days
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after the date of the determination by the Building Official.
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 of this code.
17.14.170 Violations.
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 of this code.
SECTION 5: SEVERABILITY If any part of this ordinance is for any reason held to be
unconstitutional,unlawful,or otherwise invalid by a court of competent jurisdiction, such decision
will not affect the validity of the remaining parts of this ordinance. The City Council of the City
of Petaluma hereby declares that it would have passed and adopted this ordinance and each of its
provisions irrespective of any part being held invalid.
SECTION 6: SUBMITTAL OF ORDINANCE TO HCD. The City Clerk shall submit this
ordinance to the California Housing & Community Development Department in accordance with
Health and Safety Code Section 17959(b)(2).
SECTION 7: EFFECTIVE DATE So long as this ordinance is first filed with the California
Housing and Community Development Department consistent with the requirements of Health &
Safety Code Section 17959,this ordinance shall become effective thirty(30)days after the date of
its adoption by the Petaluma City Council.
SECTION 8: POSTING/PUBLISHING OF NOTICE The City Clerk is hereby directed to post
and/or publish this ordinance or a synopsis of it for the period and in the manner required by the
City Charter. The City Clerk is also hereby directed to file a Notice of Exemption concerning this
ordinance with the Office of the Sonoma County Clerk in accordance with Section 15062 of the
CEQA Guidelines.
ORDINANCE NO. 2802 N.C.S
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INTRODUCED, and ordered posted/published, this 28th day of February 2022 by the following
vote:
Ayes: Mayor Barrett, Barnacle, Fischer, King, McDonnell, Vice Mayor Pocekay
Noes: Healy
Abstain: None
Absent: None
ADOPTED this 2 1"day of March, 2022, by the following vote:
Ayes: Mayor Barrett, Barnacle, Fischer, King, McDonnell, Pocekay
Noes: Healy
Abstain: None
Absent: None
DocuSigned by:
eresa arretkkAA Mayor
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604102HB48F42E...
ATTEST: APPROVED AS TO FORM:
DocuSigned by:
Wr�/�'A 1 /'/(�A✓//� fs1-DocuSigned by:
IFFF85Ef 7�414`88E(099441EE6.'..vGl� fi 7
Karen Gonzales, Interim City Clerk Eric Danly, ity A oFrney
ORDINANCE NO. 2802 N.C.S
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