HomeMy WebLinkAbout95-89 - Finding an Exemption from ADA Accessibility Guidelines and CA Access RegulationsRESOLUTION NO. 9f�
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA, FINDING AN
EXEMPTION FROM THE ADA ACCESSIBILITY
GUIDELINES AND CALIFORNIA ACCESS REGULATIONS
FOR DISABLED PERSONS, FOR THE PROPOSED
ACCESS RAMPS FOR THE DISABLED AT THE
INTERSECTION OF NUTMEG PLACE AND HARBOR
BOULEVARD.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, Title II of the Americans With Disabilities Act of 1990 ("ADA;" 42 U.S.C.
Section 12131 et sea.) applies to public entities and prohibits discrimination in the provision of
services, programs, or activities by a public entity based on a person's disability; and
WHEREAS, California Government Code Section 4450(a) requires that all public
buildings, structures, sidewalks, curbs, and related structures constructed after July 1, 1970, be
accessible to and usable by the physically handicapped; and
WHEREAS, the Public Services Department of the City of Costa Mesa (the "City") has
completed a self-evaluation and prepared a Transition and Self -Evaluation Report of Vehicle and
Pedestrian Transportation Facilities (the "Report") for improvements to sidewalks, curbs, and
related structures in the public rights-of-way; and
WHEREAS, In the fall of 1996, the City is proposing to construct a road widening
project on Harbor Boulevard (the "Project") which includes installation of access ramps for the
disabled at the intersection of Nutmeg Place and Harbor Boulevard (the "Intersection"); and
U
WHEREAS, a disabled resident has requested the City to provide temporary access ramps
for the disabled at the Intersection before construction of the Project, and the City Council
proposes to accommodate the resident's request prior to construction of the Project by
constructing temporary access ramps for the disabled; and
WHEREAS, the City Council finds as follows:
1. The proposed temporary access ramps for the disabled at the Intersection will
increase access for the disabled, and provide a continuous path -of -travel for the disabled within
available right-of-way; and
2. Due to site constraints of the public right-of-way, costs of relocating existing
traffic equipment, and the future Project, the temporary access ramps for the disabled would be
constructed with gradients that do not fully comply with standards as required by ADA; and
3. Considering the short period of time the temporary access ramps for the disabled
would be in place prior to their being reconstructed with the Project to fully meet the
requirements of ADA, and considering that construction of the temporary ramps would still
provide increased accessibility to the disabled and provide sufficient clear length and width for
safe access to and from the street and the existing sidewalks;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA
MESA DOES HEREBY RESOLVE AS FOLLOWS:
1. The construction of temporary access ramps for the disabled at the Intersection
of Nutmeg Place and Harbor Boulevard is hereby approved.
2. Based on the findings in this resolution, an exemption from the Uniform Federal
Accessibility Standards and the American With Disabilities. Act Accessibility Guidelines is
hereby granted, pursuant to Code 28 of Federal Regulations Section 35.150, for the proposed
temporary access ramps for the disabled.
3. Based on the findings in this resolution, a hardship exemption from the California
Building Standards Code specifying access regulations for the disabled, pursuant to Government
Code Sections 4451(f), 4452(h), and California Code 24 of Regulations Section 422(c), is hereby
granted for the proposed temporary access ramps for disabled persons.
PASSED AND ADOPTED this 6th day of November, 1995.
ATTEST:
I.
Deputy City lerk of the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
May014
f the City of Costa Mesa
IBM Ims
—,— 'r
0
I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of
the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. ? s-8 1
was duly and regularly passed and adopted by the said City Council at a regular meeting thereof,
held on the 6th day of November, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City
of Costa Mesa this 7th day of November, 1995.
T.
Deputy luncil
Clerk and ex -officio Clerk of
the City of the City of Costa Mesa