HomeMy WebLinkAbout96-08 - Exemption from ADA Guidelines and Disabled Access Regulations for Fire Station No. 1, Main EntranceRESOLUTION NO. �� 8
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA, FINDING AN
EXEMPTION FROM THE ADA GUIDELINES AND
CALIFORNIA DISABLED ACCESS REGULATIONS FOR
FIRE STATION NO. 1 MAIN ENTRANCE AT 2803
ROYAL PALM DRIVE, COSTA MESA.
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 seq.) 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 ("City")
completed a self-evaluation report ("Report") and prepared a plan for improvements to the
sidewalks, curbs, and related structures at Costa Mesa Fire Station No. 1 ("Plan"), located at
2803 Royal Palm Drive, Costa Mesa ("Fire Station No. V), and such Plan was filed with the
City Clerk and submitted to the City Council, and it preliminarily determined that access
improvements for the disabled are needed as part of the alterations and improvement to the main
entrance sidewalks, curbs, and related structures at Fire Station No. 1 to be completed prior to
June 30, 1996 ("Project"); and
WHEREAS, on February 5, 1996, the City Council received public comments on the
Plan and Project at a public hearing; and
WHEREAS, based on the Report, Plan, and public testimony received at the public
hearing, the City Council hereby finds as follows:
1. The Project will increase access for the disabled and provide a continuous path -of -
travel for access by the disabled within the Project area by utilizing existing public right-
of-way and public property;
2. The existing stairway on the east side of Fire Station No. 1 along Royal Palm
Drive has architectural and historical significance because Fire Station No. 1 is the first
fire station in the City of Costa Mesa;
3. Due to the cost of removing the stairway (Alternative No, 2), and site constraints
of the public property, replacement of the stairway by a ramp with a seven percent (7 %)
grade will cause the access to Fire Station No. 1 to be more difficult for disabled persons
and at a greater cost than Alternative No. 1 path -of -travel area to the south of the
stairway with a ramp at a five percent (5 %) grade;
4. Due to the architectural and historical nature of Fire Station No. 1 and site
constraints of the public property and need to conserve public funds to construct
necessary path -of -travel improvements and parking at Fire Station No. 1, the main
entrance stairway will remain and the path -of -travel will be located at the south of the
main entrance adjacent to the driveway area of the fire station doors for fire apparatus;
5. Relocating the parking area and path -of -travel to the south (Alternative No. 1)
would not decrease or have the effect of decreasing the accessibility or usability of main
entrance areas, elements or facilities of Fire Station No. 1, and retention of the stairway
at its present location after the Project is complete would still render the main entrance
to Fire Station No. 1 accessible to the disabled and provide sufficient clear length and
width for safe access to and from and around the main entrance area of Fire
Station No. 1;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Costa
Mesa does hereby resolve as follows:
1. The Plan for improvements to Fire Station No. 1 under Alternative No. 1 and
related access improvements for the disabled are hereby approved.
2. Based on the findings in this resolution, an exemption from the Uniform Federal
Accessibility Standards and American With Disabilities Act Accessibility Guidelines is
hereby granted pursuant to 28 CFR Section 35.150, for the existing main entrance
stairway, ramp, and parking area identified in the Plan (Alternative No. 1) which is
incorporated herein by this reference.
3. Based on the findings in this resolution, a hardship exception from the California
Building Standards Code specifying access for the disabled regulations pursuant to
Government Code Sections 4451(f), 4452(h), and 24 CCR Section 422(c) is hereby
granted for the existing main entrance stairway ramp and parking area identified in the
Plan (Alternative No. 1) which is incorporated herein by this reference.
PASSED AND ADOPTED this 5th day of February, 1996.
ATTEST:
Deputy City Cle of the City of Costa Mesa
MaNi of the City of Costa Mesa
OVED AS TO FORM
CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
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. /'6 - 8
was duly and regularly passed and adopted by the said City Council at a regular meeting thereof,
held on the 5th day of February, 1996.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City
of Costa Mesa this 6th day of February, 1996.
2��
Deputy Ci Clerk and ex -officio Clerk of
the City C ncil of the City of Costa Mesa