§ 11-110. UNIVERSAL DESIGN STANDARD.

(a)

Purpose and Intent. The purpose of this section is to provide affordable, accessible housing by incorporating universal design features in any City or Agency funded Affordable Housing Projects. Universal design recognizes the changing diversity of needs important to all people regardless of various ages, abilities or conditions experienced during an entire lifetime. In order to increase the availability of affordable, accessible housing, the City and Agency require that all City and Agency funded Affordable Housing Projects include the standards of universal design contained in this section.

(b)

Findings.

(1)

The City finds that the Building Official has determined that the provisions of this article related to the five features of universal design are consistent with the California Building Code and the provisions of the Fresno Municipal Code adopting the California Building Code.

(2)

This ordinance shall not apply to any residential dwelling unit subject to and in compliance with Chapter 11A or 1 IB of the California Building Code.

(3)

The City finds that the regulations imposed by this section are reasonably necessary in this jurisdiction because:

(i)

According to the 2000 Census data, 85,048 or 20% of City residents are classified as disabled. The 2000 Census also indicates 39,547 or 9% of City's residents are 65 years and older. These statistics do not take into consideration the returning veteran population or people who become temporarily disabled. These statistics also do not take into account people who become temporarily disabled due to injuries or illness.

(ii)

According to the State of California Architect, universal design is a broader, more comprehensive "design for all" approach to the development of products, architecture and environments around human diversity. Universal design recognizes the changing diversity of needs important to all people regardless of their age, ability or conditions experienced during an entire lifetime. Anyone can benefit from a barrier-free design, user friendly architecture and a comfortable environment.

(c)

Definitions. For the purpose of this section, the following terms will have the following definitions:

(1)

"Accessible:" Standards for features, fixtures, designs or other improvements which are equal to or exceed the minimum requirements of Chapter 11A or 1 IB of the California Building Code.

(2)

"Affordable:" Any residential dwelling unit that has an Affordable Housing Cost or Affordable Rent.

(3)

"Affordable Housing Cost:" Shall have the meaning ascribed to that term in Section 50052.5 of the California Health and Safety Code, or any successor section thereto.

(4)

"Affordable Housing Project:" An affordable residential dwelling development activity receiving City or Agency funds, including funding made available for pre-development, development, construction and permanent financing and not including rehabilitation, funding for social services, and direct mortgage assistance to homebuyers of existing units.

(5)

"Affordable Rent:" Shall have the meaning ascribed to that term in Section 50053(a) of the California Health and Safely Code, or any successor section thereto.

(6)

"Agency:" The City of Fresno Redevelopment Agency.

(7)

"ANSI Standard:" "American National Standard for Buildings and Facilities Providing Accessibility and Usability for Physically Handicapped People," also known as "ANSI Al 17.1," published by the American Standards Institute, Inc.

(8)

"Bathroom:" A room containing a toilet (water closet), lavatory (sink), and either a shower, bathtub, combination bathtub and shower, or both a shower and bathtub. It includes a compartmental bathroom in which the fixtures are distributed among interconnected rooms.

(9)

"Building Department:" As defined by the California Building Code.

(10)

"Building Official:" As defined by the California Building Code.

(11)

"CBC, Chapter 11 A:" Chapter 11A of the California Building Code (located in Part 2, Title 24, California Code of Regulations) or its successor provisions.

(12)

"CBC, Chapter 11 B:" Chapter 11 B of the California Building Code (located in Part 2, Title 24, California Code of Regulations).

(13)

"City:" The City of Fresno.

(14)

"City Agency Funded or Financial Assistance:" Any City or Agency financial assistance, provided to an affordable housing project that includes redevelopment agency funds, affordable housing special reserve funds, HOME funds or Community Development Block Grant Funds.

(15)

"Condominium:" As defined by California Civil Code Section 951 (f) a development where undivided interest in common in a portion of real property is coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded, final map or parcel map. There are within the boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to any land except by easements for access and, if necessary, support.

(16)

"Dwelling Units:" As defined by the California Building Code.

(17)

"New Construction:" All new, residential construction for which a building permit is required per local ordinance. New construction does not include additions, alteration, or remodels to existing residential buildings.

(18)

"Owner-occupied:" Any dwelling unit not intended at the time of application for the building permit to be occupied as a rental dwelling unit.

(19)

"Powder Room:" A room containing a toilet (water closet) and lavatory (sink), but no bathtub or shower. It includes a compartmental powder room in which fixtures are distributed among interconnected rooms.

(20)

"Primary Entry:" The principal entrance through which most people enter a building or dwelling unit as designated by the Building Official.

(21)

"Rental:" Any dwelling unit not intended at the time of the application for a building permit to be occupied by the owner.

(22)

"Residential Dwelling:" Shall mean the same as the term Residence as defined in the Fresno Municipal Code.

(23)

"Universal Design:" Universal Design is a broader, more comprehensive "design for all" approach to the development of products, architecture, and environments around human diversity. Universal Design is a broad comprehensive house design that makes a home safe and comfortable for everyone, young or old, whether they have a disability or not. The basic features of Universal Design are set forth in subsection (e), of this section.

(24)

"Visitability:" Enhancement of the ability of a residential dwelling unit to meet the basic needs of all residents and guests to enter and use critical portions the home, to the greatest extent possible, through specific design choices decisions.

(d)

Scope and Application.

(1)

Unit Coverage. All new construction of affordable residential dwelling units that receive any City/Agency Funding as defined above shall incorporate the live basic features of Universal Design unless exempted within this section.

(2)

Unit Types. New construction of all affordable residential dwelling units that are part of a tract, duplex or triplex, condominium, townhouse or other residential dwellings that receive City or Agency funding shall be subject to this section unless exempted within this section.

(3)

An exemption may be granted in the event of either of the following:

(i)

The applicant for the building permit can demonstrate undue hardship due to topographical conditions, reconstruction and substantial rehabilitation due to natural disasters.

(ii)

Multi-dwelling second story and above units where elevator does not exist.

(4)

The Building Official of the City of Fresno, may consider alternate means and methods as provided under the Building Codes of the State of California in order to provide conformance where needed on a case by case basis.

(e)

Standards.

(1)

An affordable residential dwelling unit shall have one entry that shall comply with each of the following:

(i)

Must be a "no step" entry going into the residence. For purposes of this subsection, "no step" shall mean the floor or landing shall be no more than ½ inch lower than the top of the threshold of the door way.

(ii)

The door going into the no step entry must be thirty-six (36) inches.

(2)

The interior routes of an affordable residential dwelling unit shall comply with each of the following:

(i)

At least one accessible route through the hallways and passageways shall be provided from the accessible entrance of the dwelling unit to the primary floor bathroom, bedroom and kitchen;

(ii)

All doorways shall be at least thirty-two inches wide;

(iii)

All hallways shall be at least forty-two inches wide.

(3)

An affordable residential dwelling unit shall contain a kitchen with six square feet of kitchen counter space.

(4)

An affordable residential dwelling unit with a ground floor of 750 square feet or more, excluding the garage floor space, shall contain ground floor facilities that comply with each of the following:

(i)

One downstairs "flex room" which can be used as a bedroom.

(ii)

At least one downstairs bathroom that consists of a toilet, lavatory, and bathtub or shower, or both.

(iii)

The downstairs bathroom in the preceding paragraph shall have an unobstructed clear space measuring at least forty-eight inches by sixty inches inside the bathroom and outside the swing of the door.

(iv)

Grab bar reinforcements consistent with CBC Chapter 11A for the toilet, and any shower or bath.

(Added Ord. 2010-49, § 3, eff. 1-16-11).