(a) 
California law, Section 17959.6 of the Health and Safety Code, requires a builder of new and substantially rehabilitated single-family residential units to provide potential buyers/current owners with a list of specific universal design features, specifying the availability and cost of each feature. This article locally enacts these requirements in an effort to inform buyers and owners of available universal design features, and with the objective of increasing the development of housing that can accommodate the needs of all community members, regardless of their changing needs and abilities.
(b) 
The city council hereby finds as follows:
(1) 
In accordance with the direction of State Assembly Bill 2787 (Chapter 726 of Statutes of 2002) and Assembly Bill 1400 (Chapter 648 of Statutes of 2003), the City of Davis is adopting an ordinance to implement state requirements that California developers constructing new single-family dwelling units provide a checklist of universal accessibility features to potential purchasers/current owners of the home, listing the availability, timing, standards, and costs of each feature.
(2) 
There is a need for housing that can accommodate seniors and persons with disabilities, particularly ownership housing opportunities that typically do not have accessibility requirements under California Uniform Building Code.
(3) 
The City of Davis has an obligation to provide a range of housing options within the community, including housing with visitable and accessible features.
(4) 
The population of the State of California is aging, which leads to an increased need for housing with features of universal design. The local senior population is likely to more than double in its percentage of the population over the next fifteen years according to the California State Department of Aging.
(5) 
It is highly desirable for people to be able to age in place or remain in a housing unit regardless of changing needs for accommodation. Housing with features of universal design allows aging persons and persons with changed circumstances or needs to remain in their housing unit, where they are connected with their community, have greater certainty of housing costs, and are familiar and comfortable with their environment.
(6) 
As the offering and incorporation of universal design features throughout the building industry becomes common, construction costs related to visitable and accessible housing become typical, increase in availability, and decrease in cost.
(7) 
With limited housing development currently planned, it is essential that all new and substantially rehabilitated housing units be built with the consideration and offering of universal design features.
(8) 
The required checklist will make existing and future owners aware of any universal design features that are available to them, and the cost at which the features are available in the construction or substantial rehabilitation of a single-family dwelling unit.
(9) 
It is more affordable to incorporate features of universal design during the initial construction or substantial rehabilitation of a single-family dwelling unit.
(Ord. 2321, 2008)
For the purpose of this article, the following terms shall have the following definitions:
Accessible.
Consistent with or as defined by the California Building Code, Chapter 11A, as amended.
ANSI A117.1.
The most current version of the "Standard on Accessible and Usable Buildings and Facilities," commonly known as "ICC/ANSI A117.1," published by the International Code Council and American National Standards Institute, Inc.
Bathroom.
A room containing a toilet (water closet), lavatory (sink), and either a shower, bathtub, combination bathtub/shower, or both a shower and bathtub. It includes a compartmented bathroom in which the fixtures are distributed among interconnected rooms.
CBC, Chapter 11A.
Chapter 11A of the California Building Code (located in Part 2, Title 24, California Code of Regulations), or its successor provisions.
Common use room.
A room commonly used by residents or guests to congregate.
Condominium.
As defined by the California Building Code.
Contractor.
This shall be the same as developer for the purposes of this article.
Developer.
The individual or organization that is managing and/or constructing the new construction or substantial rehabilitation of the single-family dwelling unit(s).
Dwelling unit.
As defined by the California Building Code.
Dwelling unit, single-family.
A building designed for or used exclusively for residence purposes by one household. Such dwelling unit types could include single-family, duplex, triplex, townhouse, condominium or other dwelling units that are developed in a manner that allows for individual ownership.
Future owner.
A household that is in contract or has made some commitment to purchasing the single-family dwelling unit that is under construction or undergoing substantial rehabilitation.
Household.
An individual or group of two or more persons occupying a dwelling unit and living together as a single housekeeping unit in which each resident has access to all parts of the dwelling unit and where the adult residents share expenses for food or rent.
New construction.
Development of any dwelling unit where it was either not existing previously or where one was previously demolished to be rebuilt.
Owner.
The household that does or will own the single-family dwelling unit being developed or substantially rehabilitated.
Owner-occupied.
Any dwelling unit not intended, at the time of application for the building permit, to be occupied as a rental dwelling unit.
Powder room.
A room containing a toilet (water closet) and lavatory (sink), but no bathtub or shower. It includes a compartmented powder room in which the fixtures are distributed among interconnected rooms.
Primary entry.
The principal entrance through which most people enter a building or residential unit, as designated by the building official.
Rental.
Any residential dwelling unit not intended, at the time of application for a building permit, to be occupied by the owner.
Substantial rehabilitation.
The reconstruction of the primary entry, any hallway, or one bathroom or powder room on the route from the primary entry.
Visitable residential dwelling.
A residential dwelling unit that includes the following features, consistent with California Uniform Building Code requirements: accessible path to zero-threshold entry, zero threshold entry, accessible path of travel within unit (wider hallways), accessible half or full bath on the ground floor (with grab bar backings), and an accessible common room.
(Ord. 2321, 2008)
This article is enacted pursuant to the general police power of the city and is for the purpose of ensuring that developers of all new single-family dwelling units and those undergoing substantial rehabilitation provide the state-required checklist of universal design features to each potential future owner or existing owner of single-family dwelling units, as detailed in this article. This article shall apply to the development and rehabilitation of all single-family dwelling units with building permits issued on or after September 1, 2008.
(Ord. 2321, 2008)
Prior to the developer's application for building permits, the developer shall provide a checklist of universal design features to all future owners/owners of the single-family dwelling units to be developed or substantially rehabilitated.
(a) 
Checklist offering. The developer or contractor of the new or substantially rehabilitated single-family dwelling unit shall provide in writing to the future owner or owner of the dwelling unit a checklist of the features included in Section 18.09.050. The checklist of features shall be reviewed with the future owner/owner, the future owner or owner shall check any available features that he or she/they desire, and the future owner or owner shall sign and date the checklist to document his, her or their receipt of it. A minimum of fourteen days shall be provided to the future owner or owner for consideration of the checklist. A form checklist will be made available in the city's community development and sustainability department. Any checklist a developer uses that is substantially the same as the city's form checklist, will be deemed in compliance with the requirements of this article. If a future owner is identified after building permit issuance, no checklist offering is required.
(b) 
Submittal of checklist documentation. The signed checklist for each unit that has an identified future owner or owner shall be submitted to the city's building division as part of the building permit application to build a new single-family dwelling unit or to complete substantial rehabilitation of an existing single-family dwelling unit. If no future owner has been identified at the time of building permit issuance, the developer or contractor shall sign a city-provided form confirming this information.
(c) 
Required information for checklist. The checklist shall be comprised of the features included in Section 18.09.050. The list shall also allow the buyer to make a written request for universal design features not on the list and shall list any additional options being offered voluntarily by the developer. Each feature on the checklist shall including the following information:
(1) 
Availability. Each feature shall have one of the following availability designations: "standard" in the construction of the dwelling unit, "limited" in availability (either due to construction timing or individual unit design), "optional," or "not available."
(2) 
Timing. The construction period before which the feature must be requested by the potential future buyer for any feature that is listed as limited or optional.
(3) 
Standards. Specific standards of installation shall be provided for each feature, particularly features that are included in Chapter 11A of California Building Code. The developer and buyer are permitted to agree in writing to different standards of installation for checklist items, if the agreed upon changes are clearly disclosed on the checklist.
(4) 
Cost. The total cost being charged by the developer for providing the feature in the dwelling unit. If the cost is negotiated between the developer and the future owner or owner of the property, the agreed upon cost shall be noted on the checklist. Features shall be priced based on reasonable market costs at the time the list is provided.
(d) 
Development of checklist items.
(1) 
Items to Offer. The developer is required to make available any feature on the checklist, as well as items requested by the future owner or owner, unless doing so substantially delays the project (by no fewer than five working days), adds additional project costs that cannot be recaptured, or if the features are deemed not available based on the limitations of project design.
(2) 
Items to Install. A developer is required to install any feature listed as an available feature if both of the following occur: (A) the buyer requests the feature within the specified phase of construction, and (B) the buyer agrees to provide payment for the cost of the feature.
(Ord. 2321, 2008)
This section is comprised of the universal design features that shall be included in the checklist that is required to be offered to a future owner or owner. Features shall be offered based on availability, timing, and cost, as stated in Section 18.09.040.
(a) 
Exterior features. The following universal design features related to the exterior of a dwelling unit shall be included in the checklist:
(1) 
Accessible route of travel to dwelling unit from public sidewalk or to primary or agreed upon entrance; this could include a graded path or ramp;
(2) 
No-step entry (one-half inch or less threshold) for at least one exterior door;
(3) 
Accessible landscaping of at least one side yard, including accessible planter boxes or ground materials that provide wheelchair access;
(4) 
Exterior doors with a minimum thirty-two inch width;
(5) 
Accessible maneuvering clearances, hardware, and strike edge clearances for exterior doors;
(6) 
Accessible/dual peephole and doorbell for exterior door(s);
(7) 
Sidelight/window that can be seen through for exterior door(s);
(8) 
Accessible sliding glass door and threshold height;
(9) 
Weather-sheltered entry area(s).
(b) 
General interior features. The following universal design features related to the general interior of a dwelling unit shall be included in the checklist:
(1) 
Accessible route of travel to at least one bathroom/powder room, kitchen, and common room;
(2) 
Accessible route of travel throughout the dwelling unit;
(3) 
Forty-two inch wide hallways/maneuvering clearances with thirty-two inch clear doorways;
(4) 
Thirty-nine inch wide hallways/maneuvering clearances with thirty-four inch clear doorways;
(5) 
Accessible hardware, strike edge clearance, and thresholds on interior doorways;
(6) 
Light switches, electric receptacles, and environmental and alarm controls at accessible heights and locations when over barriers (such as counters, shelves, or stairs);
(7) 
Rocker light switches/controls;
(8) 
Visual smoke/fire/carbon monoxide alarm;
(9) 
Audio and visual doorbell and/or security alarm;
(10) 
Adjustable (thirty-six inches to sixty inches) rods/shelves in closets;
(11) 
Non-slip carpet/floor in dwelling unit;
(12) 
Handrail reinforcement or handrail installation in rooms or routes of travel;
(13) 
Interior stairway lift, dwelling unit elevator, and option for installation of electrical, reinforcement, and designated location for future lift or elevator.
(c) 
Kitchen features. The following universal design features related to the kitchen of a dwelling unit shall be included in the checklist:
(1) 
At least one kitchen on accessible route of travel;
(2) 
Adequate work/floor space in front of: stove, refrigerator, dishwasher, sink, and oven, in accordance with Chapter 11A of California Building Code;
(3) 
U-shaped kitchen space requirements in accordance with Chapter 11A of California Building Code;
(4) 
Accessible appliances (doors, controls, etc.): stove, refrigerator, dishwasher, sink, oven (if not part of stove), and microwave/receptacle at countertop height;
(5) 
Accessible countertops: all or a specified portion repositionable, including the following options: one or more breadboards at fifteen inches wide and twenty-eight to thirty-two inches high, one or more counter areas at thirty inches wide and twenty-eight to thirty-two inches high, and one or more workspaces at thirty inches wide with knee/toe space;
(6) 
Base cabinets and wall cabinets that pull out and/or have Lazy Susan shelves;
(7) 
Additional interior cabinet lighting or under-cabinet lighting;
(8) 
Accessible handles/touch latches for doors/drawers;
(9) 
Under-cabinet roll-out carts;
(10) 
Kitchen sink with a repositionable height;
(11) 
Removable base cabinets under sink;
(12) 
Single-handle lever faucet, with option for hose/sprayer feature and anti-scald device;
(13) 
Contrasting colors on the following items: edge border of cabinets/counters, flooring in front of appliances, and flooring on route of travel.
(d) 
Bathroom/powder room features. The following universal design features related to the bathroom/powder room of a dwelling unit shall be included in the checklist:
(1) 
At least one full bathroom on accessible route of travel;
(2) 
Maneuvering space: thirty by forty-eight inch turning area and sixty-inch diameter turning area;
(3) 
Clear space for toilet and sink: thirty-six by thirty-six inches and thirty by forty-eight inches clear use area;
(4) 
Accessible bathtub and/or roll-in shower (for bathrooms only);
(5) 
Grab bar reinforcement backing and grab bars in bathtub and shower;
(6) 
Single-handle lever faucets;
(7) 
Offset controls of the shower for exterior use;
(8) 
Accessible toilet with grab bars;
(9) 
Sink/lavatory: standard with undersink cabinets, standard with removable base cabinets, pedestal or open front sink;
(10) 
Accessories: lower/accessible medicine chest, accessible counter space near sink, single-handle lever faucets, anti-scald devices for sink(s), accessible handles/touch latches for doors/drawers, lower towel rack(s), lower/tilted mirror(s), contrasting floor color, fold-down/fixed shower seat(s), accessible toilet tissue holder, and hand-held adjustable shower spray unit(s).
(e) 
Common room features. The following universal design features related to the common room of a dwelling unit shall be included in the checklist:
(1) 
Dining room on accessible route of travel;
(2) 
Living room on accessible route of travel;
(3) 
Den/study on accessible route of travel;
(4) 
Accessible route of travel in split-level room and no split level room.
(f) 
Bedroom features. The following universal design features related to the bedroom(s) of a dwelling unit shall be included in the checklist:
(1) 
Bedroom(s) located on accessible route of travel;
(2) 
Closets have minimum thirty-two inches clear opening and adjustable (thirty-six to sixty inches) shelves and bars;
(3) 
Larger walk-in closets.
(g) 
Laundry area features. The following universal design features related to the laundry area of a dwelling unit shall be included in the checklist:
(1) 
Accessible workspace;
(2) 
Accessible cabinets;
(3) 
Accessible handles/touch latches for doors/drawers;
(4) 
Accessible appliances, specifically washer and/or dryer.
(Ord. 2321, 2008)
The city council may, by resolution, establish fees and deposits for the processing of checklist documentation and/or exemption applications resulting from this article.
(Ord. 2321, 2008)
(a) 
The requirements of this article may be adjusted or waived if the developer demonstrates to the satisfaction of the city manager that applying the requirements of this article would take property in violation of the United States or California Constitutions.
(b) 
Initial application for building permits. In order for an exemption or modification to be considered by the city manager prior to construction, the developer must request such exemption/modification with the first application for approval of building permits for the residential project. The matter shall be considered by the city manager within thirty days of the request being made by the project developer. In making the finding or determination, the city manager may consider the following:
(1) 
The developer is subject to the checklist requirements in this article;
(2) 
Items on the checklist that substantially delay the project by no fewer than five working days (based on the timing of the request by the future owner), or are presented as infeasible based on project design, are not required to be offered by the developer;
(3) 
The developer may negotiate with the future owner on the costs of installing features requested from the checklist, based on current market pricing of the items.
(c) 
For the purposes of a taking determination, the developer has the burden to provide economic and financial documentation and other evidence necessary to prove that the application of this article would constitute a taking of the property without just compensation.
(d) 
If it is determined that the application of the provisions in this article would constitute a taking, the checklist requirements for the residential project shall be modified to reduce the project's obligations to the extent and only to the extent necessary to avoid a taking. If it is determined that no taking would occur by application of this article, the requirements of the article remain applicable and no approvals for the building permits of the residential project shall be issued unless the developer has fulfilled the checklist requirements pursuant to the requirements of this article and as approved by the city manager.
(Ord. 2321, 2008; Ord. 2634 § 11, 2022)
Any violation of this law is enforced by the local building department and local public prosecutors, and is punishable by civil penalties. Building permits subject to this article of the Davis Municipal Code will not be "finaled" or given a final approval by the building division of the Davis community development and sustainability department unless or until the requirements of this article have been fulfilled.
(Ord. 2321, 2008)
If any provision, clause, sentence or paragraph of this article, or application thereof to any person or circumstances, be held invalid, such invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provisions or application and to this end, the provisions of this article are declared to be severable.
(Ord. 2321, 2008)