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Home My WebLink About1977-10-04; City Council; 5220; Request to Delete Wheelchair Ramp Requirement for Building Permit 77-2840 7798 Madrilena Way Applicant W B WalsheK y CITY OF CARLSBAD AGENDA BILL NO. �"aZ.2 D Initial• Dept. Hd'6 . DATE: October 4, 1977 C. Atty. DEPARTMENT: Engineering C. Mgr. Subject: REQUEST TO DELETE WHEELCHAIR RAMP REQUIREMENT FOR BUILDING PERMIT NO. 77-2840, 7798'MADRILENA WAY. APPLICANT: W. B. Walshe -- Statement of the Matter The Engineering Department, on April 12, 1977, approved issuance of a building permit on a corner lot known as Lot 469, Map No. 6604 (7798 Madrilena Way). All the.public improvements, including curb, gutter and sidewalk, are built with the exception of the wheelchair ramp. In order to comply with the State Law effective March 5, 1973 (Section 19956.5, Chapter 1018 of the Health and Safety Code) requiring wheelchair ramps on new construction, and the City of Carlsbad Ordinance No. 8067, the building permit was issued with a condition that the owner build the wheelchair ramp prior to occupancy. Exhibits: 1. Letter requesting deletion of the wheelchair ramp requirement 2. Plot Map 3. City Engineer's memorandum to City.Manager 4. Assembly Bill No. 1655 1 Recommendation: If Council concurs, subject request should be denied for the following reasons: - a), The State Law requires wheelchair ramps on new construction b) The construction of the wheelchair ramp is not included in an approved or pending assessment district nor guaranteed as provided by City Ordinance. Manager's Note: See memo attached dated 9-28-77 (See Page 2 for Council action) 1 AGENDA BILL NO. 5220 -2- October 4, 1977 10-4-77 The Council agreed to establish a policy that in an existing R-1 subdivision where curb and gutter are already in the wheelchair ramp not be required. The requirement for construction of a wheelchair for Building Permit No. 77-2840 was deleted. K MEMORANDUM - September 22, 1977 TO: City Manager FROM: City Engineer SUBJECT: Request to delete wheelchair ramp requirement on a building permit for 7798 Madrilena Way On April 12, 1977 the Engineering Department approved issuance of a building permit on a corner lot known as Lot 469, Map No. 6604 (7798 Madrilena Way) with a condition that the applicant shall construct a wheelchair ramp at his return prior to occupancy. Wheelchair ramps are being required on new subdivisions since it was made effective on March 5, 1973 (see attached) as a State Law. Also, since Ordinance No. 8067 was adopted, building permits on corner lots are conditioned to construct wheelchair ramps. In the vicinity or area where Mr. W. B. Walshe has a building permit, there is one corner lot that was an oversight we are aware of in which the building permit was issued on November 10, 1976 at 7761 Anillo Way. Based on the State Law and Ordinance No. 8067, the construction of a wheelchair ramp is a reasonable public improvement requirement. Tim Flanagan City Engineer TCF:ms c: PWA K (COPY OF ORIGINAL LtTTP-R) The Honorable Mayor & City Council City of Carlsbad 1200 Elm Avenue Carlsbad, Calif. 92008 Gentlemen: 1826 Coast Blvd. Del Mar, Calif. 92014 Aug. 9, 1975 ATT: City Manager On April 21, 1977 I secured a building permit to build a home on lot 469 La Costa Unit South #6, address 7798 Madrilena. The building permit was issued with a stamp on same stating that before final approval of construction I must install a wheel chair ramp on the City sidewalk at an estimated cost of $450.00 to me. This lot is a corner lot and I have received and inspected City ordinance 8067 which I am informed by City Engineer requires that the property owner of corner lots install at his own expense a wheel chair ramp for the use of the general public. I am unable to find anything in this ordinance that requires a property owner of a corner lot in an improved subdivision to provide such a ramp. I therefore request that this unjust demand from the building dept. be removed from my permit for the following reasons: 1. The real estate commission's public report requires no such ramp. 2. There is not a single ramp installed at other corner lots in this area that homes have been constructed on corner lots since the adoption of this ordinance and the issue of permits after June 3, 1976. Wheel chair ramps have been installed in the recent completed Pardee subdivision and the subdivision adjacent to E1 Camino Real. 3. Section 14.40.010 b (3) requires that a. The cost of public improvements upon abutting properties be spread in an equitable manner. It is my belief that it is unfair, unjust and not reasonable to require a person who owns a corner lot to pay for and provide a wheelchair ramp for use of all in the community, and even more so when the same requirements have not been applied to all corner lots receiving building permits since June 3, 1976. I therefore respectfully request that this requirement be deleted from my building permit No. 77-2840 approved 4-21-1977. Yours truly, (signed) W. B. Walshe 1826 Coast Blvd. Del Mar, Calif. 92014 Telephone 755-3133 l" atA; ro o�� , !, J •�''t � ti by y�.��y�� t .. � �' :lY 4 0��• J a4�'. i (A °.¢ tD 02 4 R • ••�t� aipf • �t l s ��; •, V �} �,b yyr�� pp .V• t� rr'.\!I'; iiJi t, , 1: � �+' ,/gp�Lgg r � `, sue.'" t • r c c ter, k. t: L8� )O i ' ��+ tt Jac � l9tr •' y a 91.. •' 28 t7 � 0. Assembly Bill No. 1555 CHAPTER 1018 An act to add Section 19956.5 to the Health and Safety Code, relating to turns and sidewalks. [Approved by %overnor August 17, 1972. Filed with Secretary of State August 17, 1972.I _ LEGISLATIVE COUNSEL'S DIGEST t1B 1655, Lewisa Curbs and sidewalks. Requires any curb or sidewalk intended for public use that is constructed in this state with private funds to conform to provisions incorporating prescribed American Standards Association Specifications fog _r ,accessnto faciliti'es'by the physi ally handicapped. Specifies that this provision applies, but is not limited, to any curb or sidewalk to be turned over to a city or county for public use, in order to provide the physically handicapped with full and easy access to, and the use of, such curb or sidewalk. The people of thc. State of California do enact as follows: SECTION 1. Section 19956.5 is added to the Health and Safety Code, to read: 19956.5�. Any curb or sidewalk intended for public use that is constructed in this state with private funds shall conform to the provisions of Chapter 7 (commencing with Section 4450) of Division 5 of Title 1 of the Government Code. This section shall apply, but not be limited in application, to any curb or sidewalk which after construction with private,funda will be turned over to a city or county for public use, in order to provide full and easy access to, and use of, such curb or sidewalk by the physically handicapped. 0 01W 21W,-11 I.'l. K DATE: SEPTEMBER 28, 1977 TO: CITY COUNCIL PROM: City Manager SUBJECT: WHEELCHAIR RAMPS As indicated in the City Engineer's memo dated September 22, 1977, the construction of new curbs and gutters since March, 1973, require special ramps at curb returns for the handicapped. The question before you however, involves tearing out existing curb and gutter to be replaced with acceptable ramps for the handicapped as part.of the building permit for new home construction. This requirement goes beyond the state law but can be done as part of the City's public improvement requirements if it is the Council's policy to do so. Since the City ordinance is not specific on this point and the matter has not previously been addressed by the Council, it is being brought before you. While •there is some difference of opinion at the staff level, I cannot recommend the requirement and would concur with the applicant that it be removed. PAUL 7 BUSSEY City Manager PDB:ldg