HomeMy WebLinkAbout96-103 - Exemption from ADA Accessibility Guidelines and CA Disabled Access Regulations at Costa Mesa Country ClubRESOLUTION NO. 96 -16 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, FINDING AN
EXEMPTION FROM THE ADA ACCESSIBILITY
GUIDELINES AND CALIFORNIA DISABLED ACCESS
REGULATIONS FOR AN EXISTING PATH -OF -TRAVEL
TO THE COSTA MESA COUNTRY CLUB AT 1701
GOLF COURSE 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 and prepared a plan for improvements to the sidewalks,
curbs, parking lot, and related structures at the Costa Mesa Country Club ("Plan"),
located at 1701 Golf Course Drive, Costa Mesa, 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 improvements
to the sidewalks, curbs, parking lot, and related structures at the Costa Mesa Country
Club to be commenced prior to December 31, 1996, ("Project"); and
WHEREAS, on December 2, 1996, the City Council received public comments
on the Plan and Project at a public hearing; and
WHEREAS, based on the Plan and public testimony received at the public
hearing, the City Council hereby finds as follows:
1. The Project, at a cost of $113,410.00, will increase access for the
disabled and provide parking spaces, an accessible entrance, and facilities for
the disabled within the Project area by utilizing existing public property.
2. The cost to retrofit the path -of -travel between the Project and the
nearest sidewalk to a bus stop, a distance of 900 feet, will exceed $41,000.00
and such path -of -travel is scheduled to be retrofitted when the adjacent
driveway is upgraded.
3. Retention of the existing path -of -travel would not decrease or have the
effect of decreasing the accessibility or usability of the Project and existing
pedestrian areas, elements or facilities, and the Project would still be accessible
to the disabled and provide sufficient parking spaces and an entrance area with
safe access to and from and around the Project area.
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 the Costa Mesa Country Club and related
improvements for access by the disabled are hereby approved.
2. Based on the findings in this resolution, an exemption from the Uniform
Federal Accessibility Standards and Americans with Disabilities Act
Accessibility Guidelines is hereby granted pursuant to 28 CFR Section 35.150,
for the existing path -of -travel identified in the Plan 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) and 4452(h) is
hereby granted for the existing path -of -travel identified in the Plan which is
incorporated herein by this reference.
PASSED AND ADOPTED this 2nd day of December, 1996.
ATTEST:
Deputy Cit Clerk of the City of Costa Mesa Mayor of the City o o to Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
PROVED AS TO FORM
CITY ATTORNEY
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.
t& -103 was duly and regularly passed and adopted by the said City Council at a
regular meeting thereof, held on the 2nd day of December, 1996, by the following roll
call vote:
AYES: 'J�U.FFA1 MOn/A14AO , etR,K$0-k)) COU-MA),-5omERS
NOES: tJ OM E
ABSENT: tj0 '-j P—
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this 3rd day of December, 1996.
-" '�t4 I
Deputy C y Clerk and ex -officio Clerk of
the City Council of the City of Costa Mesa