HomeMy WebLinkAbout94-89 - Finding an Exemption from ADA Guidelines and California Disabled Access for Bus Stop W/B on North Side of 17th StreetRESOLUTION NO. 94-89
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 BUS STOP WESTBOUND ON THE NORTH SIDE
OF 17TH STREET AND IRVINE AVENUE.
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 (the "City") has
completed a self-evaluation and prepared a plan for improvements to the sidewalks, curbs, and
related structures at the intersection of 17th Street and Irvine Avenue (the "Plan"), and such Plan
was filed with the City Clerk and submitted to City Council, and it was preliminarily determined
that disabled access improvements are needed as part of the alterations and improvements to the
sidewalks, curbs, and related structures (the "Project") at the intersection of 17th Street and
Irvine Avenue to be commenced prior to December 31, 1994; and
WHEREAS, on October 3, 1994, City Council received public comments on the Plan and
the Project at a public meeting; and
WHEREAS, based on the report and public testimony received at the public meeting,
City Council finds as follows:
1. The Project will increase disabled access and provide a continuous path -of -travel for
disabled access within the Project area by utilizing existing public right-of-way and private
property; and
2. The existing bus stop on the north side of 17th Street and Irvine Avenue, westbound,
will be impacted by the widening of the vehicle roadway reducing the sidewalk area by two feet;
and
3. Due to legal and site constraints of the public right-of-way, widening of the vehicle
roadway by two feet will cause the bus stop to be out of compliance with the clear length
requirement of 96 inches (measured from the curb or vehicle roadway edge); and
4. Due to the legal and site constraints of the public right-of-way and lack of public
funds to purchase or condemn the necessary private property for the public right-of-way prior
to December 31, 1994, the bus stop will contain a clear length of 72 inches from the curb or
vehicle roadway edge; and
5. The removal of the existing bus stop would decrease or have the effect of decreasing
the accessibility or usability of existing pedestrian arm: elements, or facilities, and the retention
of the bus stop at its present location after the Project is complete would still be accessible to
the disabled and provide sufficient clear length and width for safe access to and from and around
the bus stop area of the sidewalk;
NOW, THEREFORE, the City Council of the City -of Costa Mesa does hereby resolve
as follows:
a
1. The Plan for improvements to the intersection of 17th Street and Irvine Avenue and
related disabled access improvements 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 Code of Federal Regulations Section 35.150, for the existing bus stop
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 disabled access regulations, pursuant to Government Code
Sections 4451(f), 4452(h), and 24 California Code of Regulations Section 422(c), is hereby
granted for the existing bus stop and sidewalk identified in the Plan which is incorporated herein
by this reference.
PASSED AND ADOPTED this 3rd day of October, 1994.
o.
Mayor of the City of Costa Mesa
ATTEST:
2�" � 1
Deputy Cit Jerk of the City of Costa Mesa
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. 94-89 was
duly and regularly passed and adopted by the said City Council at a regular meeting thereof held
on the 3rd day of October 1994, by the following roll call vote:
AYES: Genis, Hornbuckle, Buffa, Erickson
NOES: None
ABSENT: Humphrey
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City
of Costa Mesa this 4th day of October 1994.
City Cler and ex -officio Clerk of the
City Coun �l of the City of Costa Mesa