Attachment H: Program Access in Existing Facilities

 

 

1.         The technical requirements and, where appropriate, the scoping requirements of the Standards are used as a guide for determining whether a program or activity held in an existing facility is "readily accessible to and usable by" persons with disabilities and for determining what changes are necessary to make this program or activity accessible if it continues to be provided in the existing facility in question.  See 28 C.F.R. §§ 35.150(b)(1), 35.151.

 

2.         In order to ensure that each of the City's programs, services, and activities operating at a facility that is the subject of this Agreement, when viewed in its entirety, are readily accessible to and usable by persons with mobility impairments, the City will take the following actions:

 

A.  Buildings

 

3.         Library, 1100 E Street, date of original construction: 1908.  Within two years of the effective date of this Agreement, the City shall complete the following modifications:

 

a.         Parking

i.          The parking designated as accessible has no access aisle.  At each standard accessible space, provide an access aisle at least 60 inches wide.  At each van accessible space, provide an access aisles at least 96 inches wide.  Ensure that all access aisles are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant.  Standards §§ 4.1.2(5), 4.6.3, Fig. 9.

 

b.         Elevator

i.          The elevator is inaccessible because the visual signs on elevator buttons do not indicate call registered or answered.  Provide hall (lobby) call buttons with visual signals indicating when each call is registered and when each call is answered.  Ensure that the call buttons are centered at 42 inches above the finished floor, a minimum of inch in the smallest dimension, with the button designating the up direction on top; that the call buttons are raised or flush; and that objects mounted beneath hall call buttons do not project into the elevator lobby more than 4 inches.  Standards § 4.10.3, Fig. 20.

                       

ii.          The elevator is inaccessible because the hall lantern does not light up outside the elevator and inside the hoistway.  Provide hall lanterns at each hoistway entrance that emit a visible and audible signal indicating which car is answering a call.  Ensure that audible signals sound once for the up direction and twice for


 

the down direction or have verbal annunciators that say "up" or "down;" and that visible signals are mounted so that their centerline is at least 72 inches above the lobby floor, they are at least 2 inches in the smallest dimension, and they are visible from the vicinity of the hall call button.  Lanterns located in cars, visible from the vicinity of hall call buttons, and conforming to the above requirements, are acceptable.  Standards § 4.10.4, Fig. 20.

 

c.         Seating

i.          The computerized card catalogs are too high for people who use wheelchairs.  Provide at least one computerized card catalog and one standard computer work station on a table or counter that has clear floor space that is 30 inches wide and 48 inches deep, knee clearance at least 27 inches high, 30 inches wide, and 19 inches deep, and a writing surface between 28 and 34 inches above the finished floor.  Standards §§ 4.2.4.1, 4.32.

 

ii.          There is no directional signage to the accessible computerized card catalog and computer workstation.  Provide accessible directional signage with the International Symbol of Accessibility at inaccessible computer stations and card catalogs indicating the location of the nearest accessible computer stations, and provide accessible signage with the International Symbol of Accessibility at all accessible computer work stations. Standards §§ 4.1.2(7), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

 

4.         City Hall and Police Department, 1400 Fifth Avenue, date of construction: 1966. 

 

Within three years of the effective date of this Agreement, the City shall complete the following modifications:

 

a.         Parking

i.          The parking designated as accessible is inaccessible because the access aisle is not level.  Ensure that all access aisles are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant.  Standards §§ 4.1.2(5), 4.6.3, Fig. 9.

 

b.         Ramp

i.          The ramp is inaccessible because there are no handrails.  Provide handrails that are between 1 inches and 1 inches in diameter with a continuous gripping surface along both sides of the ramp, extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface.  Ensure that handrails are mounted between 34 inches and 38 inches above the ramp surface, with ends rounded or returned smoothly to the floor, wall, or post, and that they do not rotate within their fittings.  Standards § 4.8.5.

 

Within two years of the effective date of this Agreement, the City shall complete the following modifications:

 

c.         Elevator

i.          The elevator is inaccessible because there is no hall lantern.  Provide hall (lobby) call buttons with visual signals indicating when each call is registered and when each call is answered.  Ensure that the call buttons are centered at 42 inches above the finished floor, a minimum of inch in the smallest dimension, with the button designating the up direction on top; that the call buttons are raised or flush; and that objects mounted beneath hall call buttons do not project into the elevator lobby more than 4 inches.  Standards § 4.10.3, Fig. 20.

                                   

ii.          The elevator is inaccessible because the floor arrows and hall lantern do not illuminate outside the elevator and inside the hoistway.  Provide hall lanterns at each hoistway entrance that emit a visible and audible signal indicating which car is answering a call.  Ensure that audible signals sound once for the up direction and twice for the down direction or have verbal annunciators that say "up" or "down;" and that visible signals are mounted so that their centerline is at least 72 inches above the lobby floor, they are at least 2 inches in the smallest dimension, and they are visible from the vicinity of the hall call button.  Lanterns located in cars, visible from the vicinity of hall call buttons, and conforming to the above requirements, are acceptable.  Standards § 4.10.4, Fig. 20.

 

Within one year of the effective date of this Agreement, the City shall complete the following modifications:

 

d.         Assembly Area

i.          There is no signage informing the public of the availability of an assistive listening system.  Provide accessible signage indicating the availability of the assistive listening system.  Standards §§ 4.1.3(19)(b), 4.30..  Standards §§ 4.30, 4.33.

 

e.         Police Department: Public Telephone

i.          The public telephone outside the police department is inaccessible because the handset is 58 inches high and the coin slot is 65 inches high.   Provide an accessible telephone with a clear floor space of at least 30 inches by 48 inches that allows either a forward or parallel approach by a person using a wheelchair such that bases, enclosures, and fixed seats do not impede approaches to the telephone; with the highest operable part of the telephone mounted no more than 48 inches above the floor for a front approach or no more than 54 inches above the floor for a side approach; that is hearing aid compatible and has a volume control mechanism; with telephone books, if provided, located between 15 and 48 inches above the finished floor for a front approach or between 9 and 54 inches above the finished floor for a side approach; with a cord of at least 29 inches long from the telephone to the handset; and with signage that complies with the Standards.  Standards §§ 4.31, 4.30.7(2).

           

ii.          The threshold of the outside door leading to the public telephone is inaccessible because it is not beveled.  Provide an accessible door with a threshold that is no greater than inch, or is no greater than inch and is beveled with a slope no greater than 1:2.  Standards §§ 4.13.8, 4.5.2.

 

5.         Pickleweed Park Community Center, 50 Canal Street, date of construction: 1984.  Within five years of the effective date of this Agreement, the City shall complete the following modifications:

 

a.         Parking

i.          The two parking spaces designated as accessible are inaccessible because the access aisles are 54 and 56 inches.  Provide designated accessible parking spaces that are a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  Provide van accessible spaces that are a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  Standards §§ 4.1.2(5), 4.6.3, Fig.9.

           

ii.          The parking designated for persons with disabilities is inaccessible because there is no vertical signage.  At all spaces designated as reserved for persons with disabilities, provide vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles.  At van accessible spaces, provide an additional van accessible sign located below the International Symbol of Accessibility.  Standards §§ 4.6.4, 4.30.7(1).

 

iii.         The parking designated as accessible is inaccessible because there is no van signage.  On the shortest accessible route to the accessible entrance, provide at least one van accessible space a minimum of 96 inches wide, served by access aisles at least 96 inches wide, with vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles, and with an additional "Van-Accessible" sign located below the International Symbol of Accessibility.  Standards §§ 4.1.2(5)(b), 4.6, 4.30.7(1).

 

b.         Ramp

i.          The ramp is inaccessible because the handrails have no 12-inch extensions, and there is an excessive slope (leg a: 5.7; b: 5.0; c: 5.2).  Provide a ramp that is at least 36 inches wide with a slope not exceeding 1:12 and a cross slope not exceeding 1:50; with level landings at least as wide as the ramp and 60 inches long at the top and bottom of the ramp; and with edge protection at least 2 inches high at the drop off sides.  Provide handrails that are between 1 inches and 1 inches in diameter with a continuous gripping surface along both sides of the ramp, extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface.  Ensure that handrails are mounted between 34 inches and 38 inches above the ramp surface, with ends rounded or returned smoothly to the floor, wall, or post, and that they do not rotate within their fittings.  Ensure that the ramp and approaches are designed so that water will not accumulate on walking surfaces.  Standards §§ 4.3.8, 4.8.

 

c.         Toilet room single-user, women's

i.          The lavatory is inaccessible because the hot water pipes are not covered.  Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact.  Standards § 4.19.4.

 

d.         Toilet room single-user, men's

i.          The lavatory is inaccessible because the hot water pipes are not covered.  Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact.  Standards § 4.19.4.

 

e.         Toilet room with stalls, women's

i.          The toilet room is inaccessible because there is no accessible signage.  Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters.  The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

 

ii.          The lavatory is inaccessible because the hot water pipes are not covered.   Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact.  Standards § 4.19.4.

 

iii.         The women's designated accessible stall is inaccessible because the toilet centerline is 16 inches from the side wall.  Provide a toilet with a centerline that measures 18 inches from the near side wall.  Standards § 4.17.3, Fig. 30.

 

iv.         The women's designated accessible stall is inaccessible because the flush control is on the closed side.  Provide a flush control mounted on the "open" side of the toilet's clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device.  Standards §§ 4.16.5, 4.17.2, 4.27.4.

 

v.         The women's designated accessible stall is inaccessible because there is interference with use of the side and rear grab bars.  Provide a rear grab bar that has at least 1 inches between the grab bar and any other object, such as a toilet seat cover dispenser.  Standards §§ 4.17.6, 4.26.2, Fig. 39.

 

f.          Toilet room with stalls, men's

i.          The toilet room is inaccessible because there is no accessible signage.  Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters.  The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

 

g.         Outdoor Play Area

i.          There are no accessible picnic tables.  Provide at least one picnic table on an accessible route such that there is knee space at the table at least 27 inches high, 30 inches wide, and 19 inches deep, and such that the height of the top of the table is between 28 inches and 34 inches above the ground.  Standards §§ 4.32.3, 4.32.4.

             

6.         Terra Linda Community Center, 670 Del Ganado Road, date of construction: 1965.  Within two years of the effective date of this Agreement, the City shall complete the following modifications:

 

a.         Parking

i.          The parking designated as accessible is inaccessible because a curb ramp encroaches into the access aisle.  Provide a curb ramp located so that it does not project into this element and all aspects of the ramp or curb cut comply with the Standards.  Standards §§ 4.3.8, 4.7.6.

 

7.         Falkirk Mansion, 1408 Mission Avenue, date of construction: 1915.  Within one year of the effective date of this Agreement, the City shall complete the following modifications:

 

a.         Ramp

i.          The ramp is inaccessible because the handrails are 31 inches high and there are no extensions at the bottom.  Provide handrails that are between 1 inches and 1 inches in diameter such that the inside handrail is continuous and both handrails have a continuous gripping surface along both sides of the ramp extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface; the handrails do not rotate within their fittings; and both handrails are mounted between 34 inches and 38 inches above the ramp surface, with ends rounded or returned smoothly to the floor, wall, or post.  Standards § 4.8.5.

 

8.         Boyd House, B Street & Mission, date of construction: 1915.  Within five years of the effective date of this Agreement, the City shall complete the following modifications:

 

a.         Accessible route

i.          The route from the sidewalk to the main building entrance is inaccessible because the opened entrance gate and water drain impede the path of travel.  Provide at least one accessible route within the boundary of the site connecting these elements that, to the maximum extent feasible, coincides with the route for the general public.  The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%).  Standards §§ 4.3, 4.5, Fig. 7.

 

b.         Ramp

 

i.          The ramp is inaccessible because there is only one handrail that is  32 inches high and without extensions.  Provide handrails that are between 1 inches and 1 inches in diameter such that the inside handrail is continuous and both handrails have a continuous gripping surface along both sides of the ramp extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface; the handrails do not rotate within their fittings; and both handrails are mounted between 34 inches and 38 inches above the ramp surface, with ends rounded or returned smoothly to the floor, wall, or post.  Standards § 4.8.5.

 

c.         Boyd Park

 

i.          Tennis Court

(1)        The route from the house to the tennis court is inaccessible and there is no directional signage to the accessible entrance on the sidewalk.  Provide accessible, directional signage with the International Symbol of Accessibility at inaccessible entrances directing users to the accessible entrance, and provide accessible signage with the International Symbol of Accessibility at all permanent accessible entrances.  Standards §§ 4.1.3(8)(d), 4.13, 4.30.

 

(2)        The route from the accessible sidewalk entrance to the tennis court is inaccessible because three risers impede access along the route.  Provide at least one accessible route within the boundary of the site connecting these elements that, to the maximum extent feasible, coincides with the route for the general public.  The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%).  Standards §§ 4.3, 4.5, Fig. 7.

 

B.  Parks

 

9.         Albert Park: baseball stadium and play structures, B Street @ Treanor, date of construction: 1960.  Within two years of the effective date of this Agreement, the City shall complete the following modifications:

 

a.         Women's and Men's toilet room with stalls

 

i.          The women's and men's toilet rooms are inaccessible because no accessible toilet stalls are provided.  Provide one "standard" accessible "porta-potty" toilet stall that is at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards.  Standards §§ 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

 

10.       Oleander Park, Oleander Drive, date of construction: 1982.  Within one year of the effective date of this Agreement, the City shall complete the following modifications:

 

a.         Accessible Route

i.          The route from the street parking to the park is inaccessible because there is no sidewalk curb ramp that allows a wheelchair user to get on and off the sidewalk.  Provide a curb ramp that is at least 36 inches wide, has a maximum slope of 1:12, is located so that it cannot be obstructed by parked vehicles, and has a stable, firm, and slip-resistant surface with a detectable warning extending the full width and depth of the ramp.  If the curb ramp is located where pedestrians must walk across it, provide either flared sides (with a maximum slope of 1:10) or handrails or guardrails to protect against cross traffic.  Standards § 4.3.8, 4.7, Fig. 12.

 

11.       Bret Harte Park, Irwin Street, date of construction: 1957.  Within one year of the effective date of this Agreement, the City shall complete the following modifications:

 

a.         Water fountain

i.          The drinking fountain is inaccessible because it requires twisting, is 24 inches from the finished floor, and has a spout height of 38 inches.  Provide at least one drinking fountain with a spout height no higher than 36 inches, measured from the finished floor or ground surface to the spout outlet; and a spout located at the front of the unit that directs the water flow in a trajectory that is nearly parallel to the front of the unit and is positioned so the flow of water is within 3 inches of the front edge of the fountain and at least 4 inches high.  Ensure that fountain controls are operable with one hand, require 5 lbf or less to operate without tight grasping, pinching, or twisting of the wrist; and are front mounted or side mounted near the front edge.  For each accessible drinking fountain, provide a drinking fountain that is accessible to people who have difficulty bending or stooping.  This can be accommodated by the use of a hi-lo fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser; or by such other means as would achieve the required accessibility for each group of people.  Standards §§ 4.15, 4.27.4, Fig. 27.

           

12.       Terra Linda Pool, 670 Del Ganado, date of construction: 1965.  Within three years of the effective date of this Agreement, the City shall complete the following modifications:

 

a.         Shower stalls/locker area, women's

i.          The shower stall is inaccessible because the dimensions are 29 wide by 48 inches deep, the seat height is 20 inches, the diameter of the grab bar is 2 inches, and the shower unit is fixed at 78 inches high.  Provide a shower in this room that is exactly 36 inches wide and 36 inches deep with a 48 inch long and 36 inch wide clear floor space alongside the shower opening, and an L-shaped shower seat mounted on the wall opposite the controls and extending the full depth of the stall; OR a shower that is at least 30 inches deep and 60 inches wide with no curb or threshold and with a 36 inch deep and 60 inch wide clear floor space at the shower opening.  Ensure that the shower has grab bars, controls, a shower spray unit, and a seat, curb, and enclosure, if provided, that comply fully with the Standards and with Figs. 35, 36, and 37, as applicable.  Standards § 4.21, Figs. 35, 36, 37.

 

b.         Shower stalls/locker area, men's

i.          The shower stall is inaccessible because the shower mat is more than inch thick and protrudes into the clear floor space and there are no grab bars.  Provide a shower in this room that is exactly 36 inches wide and 36 inches deep with a 48 inch long and 36 inch wide clear floor space alongside the shower opening, and an L-shaped shower seat mounted on the wall opposite the controls and extending the full depth of the stall; OR a shower that is at least 30 inches deep and 60 inches wide with no curb or threshold and with a 36 inch deep and 60 inch wide clear floor space at the shower opening.  Ensure that the shower has grab bars, controls, a shower spray unit, and a seat, curb, and enclosure, if provided, that comply fully with the Standards and with Figs. 35, 36, and 37, as applicable.  Standards § 4.21, Figs. 35, 36, 37.

 

13.       Bernard Hoffman Park, Las Collindas, date of construction: 1967.  Within three years of the effective date of this Agreement, the City shall complete the following modifications:

 

a.         Ramp 4 (leading directly to baseball and softball fields)

i.          The ramp is inaccessible because the handrails are inadequate.  Provide handrails that are between 1 inches and 1 inches in diameter with a continuous gripping surface along both sides of the ramp, extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface.  Ensure that handrails are mounted between 34 inches and 38 inches above the ramp surface, with ends rounded or returned smoothly to the floor, wall, or post, and that they do not rotate within their fittings.  Standards §§ 4.3.8, 4.8.

 

14.       Sun Valley Park, Solano Street, date of construction: 1958. 

 

Within five years of the effective date of this Agreement, the City shall complete the following modifications:

 

a.         Ramp to play area (#1)

i.          The ramp is inaccessible because there are no handrails.  Provide handrails that are between 1 inches and 1 inches in diameter with a continuous gripping surface along both sides of the ramp, extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface.  Ensure that handrails are mounted between 34 inches and 38 inches above the ramp surface, with ends rounded or returned smoothly to the floor, wall, or post, and that they do not rotate within their fittings.  Standards §§ 4.3.8, 4.8.

 

b.         Toilet room, women's

i.          The toilet room is inaccessible because there is no accessible signage.  Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters.  The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

 

ii.          The toilet room is inaccessible because the door width is 27 inches. Provide a door with a clear opening at least 32 inches wide when measured from the face of the door to the opposite stop when the door is opened 90 degrees and with hardware usable with one hand and without tight grasping, pinching, or twisting of the wrist.  Lever-operated, push-type, and U-shaped handles are acceptable designs.  Standards §§ 4.13.5, 4.13.9.

 

iii.         The toilet room is inaccessible because there is inadequate maneuvering clearance on both sides of the toilet room door.  Provide a designated accessible entrance that has a minimum clear opening width of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop; that has either an automatic door operator or clear and level maneuvering clearance that complies fully with Fig. 25; and that has a threshold not exceeding inch in height and beveled with a slope no greater than 1:2.  Ensure that all hardware and operating devices have shapes that are easy to grasp with one hand and do not require tight grasping, pinching or twisting of the wrist to operate; and that they are mounted no higher than 48 inches above the finished floor.  Standards § 4.13, Figs. 24, 25.

                                                                                               

iv.         The lavatory is inaccessible because the clear floor space dimensions are 49 inches wide and 39 inches deep, and the entrance door swings into the clear floor space.  Provide a lavatory with clear floor space at least 30 inches wide and 48 inches deep centered on the lavatory.  Standards § 4.19.3, Fig. 32.

 

v.         The toilet room is inaccessible because the light switch is too high.  Provide a light switch with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

 

vi.         The toilet room is inaccessible because no accessible coat hook has been provided.  Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

 

vii.        The toilet room is inaccessible because the towel dispenser is 53 inches high for a forward reach.  Provide a towel dispenser with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

 

viii.       The lavatory is inaccessible because the hot water pipes are not covered. Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact.  Standards § 4.19.4.

 

ix.         Toilet

(1)        The toilet is inaccessible because there is insufficient clear floor space.  Provide clear floor space at the toilet that complies with Fig. 28.  Standards § 4.16.2, Fig. 28.

 

(2)        The toilet is inaccessible because the flush control is on the closed side.  Provide a flush control mounted on the open side of the toilet's clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device.  Standards §§ 4.16.5, 4.27.4.

 

(3)        The toilet is inaccessible because there are no grab bars.  Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall, and a side grab bar that is at least 40 inches in overall length, with the far end mounted at least 52 inches from the rear wall and the closer end 12 inches or less from the rear wall.  Ensure that the grab bars are mounted 33 to 36 inches above the finished floor; with a diameter between 1 and 1 inches; with 1 inches between the grab bars and the wall; and at least 1 inches between the grab bars and any other object, such as a toilet paper dispenser or a toilet seat cover dispenser.  Standards §§ 4.16.4, 4.26.2, Fig. 29.

 

c.         Toilet room, men's

i.          The toilet room is inaccessible because the route to the toilet room is not firm, stable, and slip-resistant.  Provide an accessible route to the toilet room with required minimum width, passing space, head room, surface textures, slopes, and changes in level.  Standards §§ 4.3.1, 4.3.2, 4.3.3, 4.3.4, 4.3.5, 4.3.6, 4.3.7, 4.3.8.

 

ii.          The toilet room is inaccessible because there is no accessible signage. Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters.  The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

 

iii.         The toilet room is inaccessible because the door width is 27 inches.  Provide a door with a clear opening at least 32 inches wide when measured from the face of the door to the opposite stop when the door is opened 90 degrees and with hardware usable with one hand and without tight grasping, pinching, or twisting of the wrist.  Lever-operated, push-type, and U-shaped handles are acceptable designs.  Standards §§ 4.13.5, 4.13.9.

 

iv.         The toilet room is inaccessible because there is inadequate maneuvering clearance on both sides of the toilet room door.  Provide a designated accessible entrance that has a minimum clear opening width of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop; that has either an automatic door operator or clear and level maneuvering clearance that complies fully with Fig. 25; and that has a threshold not exceeding inch in height and beveled with a slope no greater than 1:2.  Ensure that all hardware and operating devices have shapes that are easy to grasp with one hand and do not require tight grasping, pinching or twisting of the wrist to operate; and that they are mounted no higher than 48 inches above the finished floor.  Standards § 4.13, Figs. 24, 25.

 

v.         The toilet room is inaccessible because there are no grab bars.  Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall, and a side grab bar that is at least 40 inches in overall length, with the far end mounted at least 52 inches from the rear wall and the closer end 12 inches or less from the rear wall.  Ensure that the grab bars are mounted 33 to 36 inches above the finished floor; with a diameter between 1 and 1 inches; with 1 inches between the grab bars and the wall; and at least 1 inches between the grab bars and any other object, such as a toilet paper dispenser or a toilet seat cover dispenser.  Standards §§ 4.16.4, 4.26.2, Fig. 29.

 

vi.         The toilet room is inaccessible because there is insufficient turning space within the room.  Provide an unobstructed turning space at least 60 inches in diameter or a T-shaped space complying with Fig. 3(b).  Standards §§ 4.22.3, 4.2.3, Fig. 3. Until the permanent toilet rooms are modified to comply with the Standards, the City will provide one "standard" accessible "porta-potty" toilet stall that is at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards.  Standards §§ 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

 

Within two years of the effective date of this Agreement, the City shall complete the following modifications:

 

d.         Until the permanent toilet rooms are modified to comply with the Standards, the City will provide one "standard" accessible "porta-potty" toilet stall that is at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards.  Standards §§ 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

 

15.       Santa Margarita Park, 1055 Las Ovejas, date of construction (before 1992). 

 

Within one year of the effective date of this Agreement, the City shall complete the following modifications:

 

a.         Accessible Route

i.          The route from the parking area to the park is inaccessible because there is a 5-inch curb.  Provide a curb ramp that is at least 36 inches wide, has a maximum slope of 1:12, is located so that it cannot be obstructed by parked vehicles, and has a stable, firm, and slip-resistant surface with a detectable warning extending the full width and depth of the ramp.  If the curb ramp is located where pedestrians must walk across it, provide either flared sides (with a maximum slope of 1:10) or handrails or guardrails to protect against cross traffic.  Standards § 4.3.8, 4.7, Fig. 12.

 

Within five years of the effective date of this Agreement, the City shall complete the following modifications:

 

b.         Toilet room with stalls, women's

i.          The toilet room is inaccessible because there is no accessible signage. Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters.  The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

 

ii.          The toilet room is inaccessible because the trash can encroaches into the path of travel into the toilet room.  Provide an accessible route to the toilet room with required minimum width, passing space, head room, surface textures, slopes, and changes in level.  Standards §§ 4.3.1, 4.3.2, 4.3.3, 4.3.4, 4.3.5, 4.3.6, 4.3.7, 4.3.8.

 

iii.         The toilet room is inaccessible because the towel dispenser is too high for a  forward reach.  Provide a towel dispenser with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

 

iv.         The toilet room is inaccessible because the clear floor space centered on the lavatory is 32 inches wide and 34 inches deep.  Provide a lavatory with clear floor space at least 30 inches wide and 48 inches deep centered on the lavatory.  Standards § 4.19.3, Fig. 32.

 

v.         The toilet room is inaccessible because there is no accessible toilet stall.  Provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards.  Standards §§ 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

 

c.         Toilet room with stalls, men's

i.          The toilet room is inaccessible because there is no accessible signage. Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters.  The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

 

ii.          The toilet room is inaccessible because the trash can encroaches into the  path of travel into the toilet room.  Provide an accessible route to the toilet room with required minimum width, passing space, head room, surface textures, slopes, and changes in level.  Standards §§ 4.3.1, 4.3.2, 4.3.3, 4.3.4, 4.3.5, 4.3.6, 4.3.7, 4.3.8.

 

iii.         The toilet room is inaccessible because there is no accessible toilet stall.   Provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards.  Standards §§ 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

 

Within two years of the effective date of this Agreement, the City shall complete the following modifications:

 

d.         Until the permanent toilet rooms are modified to comply with the Standards, the City will provide one "standard" accessible "porta-potty" toilet stall that is at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards.  Standards §§ 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

 

C.  Parking

 

29.       Menzies lot, Mission at E Street, date of construction: 1962.  Within one year of the effective date of this Agreement, the City shall complete the following modifications:

 

a.         Parking spaces

i.          Although the parking lot has a total of 60 parking spaces, an inadequate number are designated for people with disabilities.  On the shortest accessible route to the accessible entrance, provide at least one van accessible space and one additional standard space designated as reserved for people with disabilities.  Standard accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  All spaces designated as reserved for people with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles.  Van accessible spaces shall have an additional Van-Accessible sign located below the International Symbol of Accessibility.  Standards §§ 4.1.2(5), 4.6, 4.30.7(1).

 

ii.          The parking designated as accessible is inaccessible because there is no access aisle.  At each standard accessible space, provide an access aisle at least 60 inches wide.  At each van accessible space, provide an access aisles at least 96 inches wide.  Ensure that all access aisles are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant.  Standards §§ 4.1.2(5), 4.6.3, Fig. 9.

 

iii.         The parking designated as accessible is inaccessible because the sign can be obstructed by parked vehicles.  At each space designated as reserved for persons with disabilities, provide a vertical sign with the International Symbol of Accessibility located such that it cannot be obstructed by vehicles parked in the space.  Standards §§ 4.6.4, 4.30.7(1).

 

30.       Lootens parking structure, Third and Lootens, date of construction: 1964.  Within two years of the effective date of this Agreement, the City shall complete the following modifications:

 

a.         Parking spaces

i.          N.E. Lower level (#1)

(1)        The parking designated as accessible is inaccessible because the space has no access aisle.  At each standard accessible space, provide an access aisle at least 60 inches wide.  At each van accessible space, provide an access aisles at least 96 inches wide.  Ensure that all access aisles are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant.  Standards §§ 4.1.2(5), 4.6.3, Fig. 9.

 

(2)        The parking designated as accessible is inaccessible because the sign can be obstructed.  At each space designated as reserved for persons with disabilities, provide a vertical sign with the International Symbol of Accessibility located such that it cannot be obstructed by vehicles parked in the space.  Standards §§ 4.6.4, 4.30.7(1).

 

(3)        There are no parking spaces designated as van accessible.  In addition to providing one van accessible space as required by the Standards, the City agrees to install an additional van accessible space at this lot based on the drainage issues at the Lootens and Commercial Lot (914 Lootens Place) and provide directional signage.  On the shortest accessible route to the accessible entrance, provide at least two van accessible spaces designated as reserved for people with disabilities.  Ensure that van accessible spaces are a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  At all spaces designated as reserved for persons with disabilities, provide vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles.  At van accessible spaces, provide an additional Van-Accessible sign located below the International Symbol of Accessibility.  Ensure that all spaces and access aisles for persons with disabilities are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant.  Standards §§ 4.1.2(5), 4.6, 4.30.7(1).

 

ii.          The parking designated as accessible is inaccessible because S.E. #2 space is 87 inches wide, and S.W. #4 space is 86 inches wide.  Provide designated accessible parking spaces that are a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  Provide van accessible spaces that are a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  Standards §§ 4.1.2(5), 4.6.3, Fig.9.

 

31.       Third and Cijos lot, Third and Cijos (N.E. corner), date of construction: 1911. Within four years of the effective date of this Agreement, the City shall complete the following modifications:

 

a.         Parking spaces

i.          Although the parking lot has a total of 59 parking spaces, an inadequate number are designated for people with disabilities.  On the shortest accessible route to the accessible entrance, provide at least one van accessible space and one standard space designated as reserved for people with disabilities.  Standard accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  All spaces designated as reserved for people with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles.  Van accessible spaces shall have an additional Van-Accessible sign located below the International Symbol of Accessibility.  Standards §§ 4.1.2(5), 4.6, 4.30.7(1).

 

ii.          The parking designated as accessible is inaccessible because the current space has no access aisle.  At each standard accessible space, provide an access aisle at least 60 inches wide.  At each van accessible space, provide an access aisles at least 96 inches wide.  Ensure that all access aisles are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant.  Standards §§ 4.1.2(5), 4.6.3, Fig. 9.

 

iii.         The parking designated as accessible is inaccessible because the sign can be obstructed.  At each space designated as reserved for persons with disabilities, provide a vertical sign with the International Symbol of Accessibility located such that it cannot be obstructed by vehicles parked in the space.  Standards §§ 4.6.4, 4.30.7(1).

 

b.         Accessible route

i.          There is no accessible route that leads to the sidewalk because there is no curb ramp at the end of the access aisle.  Provide a curb ramp that is at least 36 inches wide, has a maximum slope of 1:12, is located so that it cannot be obstructed by parked vehicles, and has a stable, firm, and slip-resistant surface with a detectable warning extending the full width and depth of the ramp.  If the curb ramp is located where pedestrians must walk across it, provide either flared sides (with a maximum slope of 1:10) or handrails or guardrails to protect against cross traffic.  Standards § 4.3.8, 4.7, Fig. 12.

 

32.       Third and Lootens lot (Walgreens lot), 840 & 844 Third Street, date of construction: 1977.  Within two years of the effective date of this Agreement, the City shall complete the following modifications:

 

a.         Parking spaces

i.          Although the parking lot has a total of 30 parking spaces, an inadequate number are designated for people with disabilities.  On the shortest accessible route to the accessible entrance, provide at least one van accessible space and one standard space designated as reserved for people with disabilities.  Standard accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  All spaces designated as reserved for people with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles.  Van accessible spaces shall have an additional Van-Accessible sign located below the International Symbol of Accessibility.  Standards §§ 4.1.2(5), 4.6, 4.30.7(1).

 

ii.          The parking designated as accessible is inaccessible because the current space has no access aisle.  At each standard accessible space, provide an access aisle at least 60 inches wide.  At each van accessible space, provide an access aisles at least 96 inches wide.  Ensure that all access aisles are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant.  Standards §§ 4.1.2(5), 4.6.3, Fig. 9.

 

33.       Fifth and D lot, 1317 Fifth Avenue, date of construction: 1973.  Within one year of the effective date of this Agreement, the City shall complete the following modifications:

a.         Parking spaces

i.          Although the parking lot has a total of 40 parking spaces, an inadequate number are designated for people with disabilities.  On the shortest accessible route to the accessible entrance, provide at least one van accessible space designated as reserved for people with disabilities.  Standard accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  All spaces designated as reserved for people with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles.  Van accessible spaces shall have an additional Van-Accessible sign located below the International Symbol of Accessibility.  Standards §§ 4.1.2(5), 4.6, 4.30.7(1).

 

ii.          The parking designated as accessible is inaccessible because the parking space is 86 inches wide.  Provide designated accessible parking spaces that are a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  Provide van accessible spaces that are a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  Standards §§ 4.1.2(5), 4.6.3, Fig.9.

 

iii.         The parking designated as accessible is inaccessible because there is no access aisle.  At each standard accessible space, provide an access aisle at least 60 inches wide.  At each van accessible space, provide an access aisles at least 96 inches wide.  Ensure that all access aisles are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant.  Standards §§ 4.1.2(5), 4.6.3, Fig. 9.

 

b.         Accessible Route

i.          The route from the parking to the payment station is inaccessible due to a 6-inch curb, and there is no accessible signage that conveys the policy of free parking for disability placard holders.  The City agrees to provide signage which conveys the free-parking policy for disability placard holders at both entrances and at the payment station.

 

34.       Fifth and C parking structure, Fifth and C Streets, date of construction: 1964.  Within two years of the effective date of this Agreement, the City shall complete the following modifications:

                                                                                   

a.         Parking spaces

i.          Although the parking lot has a total of 101 parking spaces, an inadequate number are designated for people with disabilities.  Provide at least one van accessible space and three standard spaces designated as reserved for people with disabilities.  Standard accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  All spaces designated as reserved for people with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles.  Van accessible spaces shall have an additional Van-Accessible sign located below the International Symbol of Accessibility.  Standards §§ 4.1.2(5), 4.6, 4.30.7(1).

 

ii.          The parking designated as accessible is inaccessible because the access aisle is 57 inches wide.  Provide designated accessible parking spaces that are a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  Provide van accessible spaces that are a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  Standards §§ 4.1.2(5), 4.6.3, Fig.9.

 

iii.         The parking designated as accessible is inaccessible because the sign can be obstructed by parked vehicles.  At each space designated as reserved for persons with disabilities, provide a vertical sign with the International Symbol of Accessibility located such that it cannot be obstructed by vehicles parked in the space.  Standards §§ 4.6.4, 4.30.7(1).

 

b.         Accessible Route

i.          Although long-term parking is available on the second level, the route from the second level to the sidewalk is inaccessible, and there is no signage indicating that long-term parking is available on the first level for persons with disabilities.  Provide at least one accessible route within the boundary of the site connecting these elements that, to the maximum extent feasible, coincides with the route for the general public.  The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%).  Standards §§ 4.3, 4.5, Fig. 7.

 

35.       A Street parking structure, Third and B Street, date of construction: 1984.  Within two years of the effective date of this Agreement, the City shall complete the following modifications:

 

a.         Ramp

i.          The ramp is inaccessible because there are no accessible handrails.  Provide a ramp that is at least 36 inches wide with a slope not exceeding 1:12 and a cross slope not exceeding 1:50; with level landings at least as wide as the ramp and 60 inches long at the top and bottom of the ramp; and with edge protection at least 2 inches high at the drop off sides.  Provide handrails that are between 1 inches and 1 inches in diameter with a continuous gripping surface along both sides of the ramp, extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface.  Ensure that handrails are mounted between 34 inches and 38 inches above the ramp surface, with ends rounded or returned smoothly to the floor, wall, or post, and that they do not rotate within their fittings.  Ensure that the ramp and approaches are designed so that water will not accumulate on walking surfaces.  Standards §§ 4.3.8, 4.8.

 

b.         Parking spaces

i.          Although the parking structure has a total of 396 parking spaces, an inadequate number (3) are designated for people with disabilities.  Due to vertical clearance issues in this parking structure, the City agrees to provide one additional van accessible space to its Third and C Street parking structure currently under construction.  Due to sloping issues in this parking structure that cannot be remedied easily, the City agrees to designate 7 additional, accessible spaces in parking facilities that are in proximity to this parking structure and post directional signage.  Within one year the City will report to the Department which parking facilities have been identified to accommodate these 7 accessible spaces along with corresponding installation deadlines of no more than 2 years, unless the Third and Cijos lot is selected, which would extend the deadline to 4 years for that specific parking lot.  The City agrees to provide these additional spaces in conjunction with its other obligations, which are outlined in this Agreement and the accompanying Attachments.