Fwd: MHS' Melrose Ave loading zone does not conform...

From: Charlessands 

Date: December 12, 2010 4:20:02 PM PST

To: BKelley@co.marin.ca.us

Cc: WCampagna@co.marin.ca.us

Subject: Re: MHS' Melrose Ave  loading zone does not conform to Uniforn Federal Accessibility Standard section 4.6.5 PASSENGER LOADING ZONES.

Mr. Kelley,

 

Thanks for the reply and informing me that "MHS is satisfying their California accessibility requirements through approved construction of an accessible on-site passenger loading zone providing equivalent facilitation for the loading zone on the public way".  I presume you are aware that MHS off-site passenger loading does not conform to 24.04.340 (p) and it is this non-conformance which has caused this issue.

 

Where will MHS accessible on-site passenger loading zone be provided ?  A possible location might be on Melrose Ave. just north of the MHS site entry driive as the slope there appears to be less than 2%.

 

We are aware that MHS has provided 2 ADA parking spaces as required to comply with CBC 1129.B Table 11B-6 requirements. But do not believe that there is any possibility of locating a new  passenger loading zone in MHS'parking lot without losing standard and ADA parking spaces. Use of 1129 B ADA spaces for 1131 B ADA passenger loading spaces is not pemitted nor acceptable for obvious reasons.

 

Please keep us informed.

 

Charles D. Sands, Architect and Urban Designer, 

Sandsconsdult Architects

12 Madrone Park Circle

Mill Valley, CA 94941

-----Original Message-----
From: Kelley, Bill <BKelley@co.marin.ca.us>
To: Charlessands <charlessands@aol.com>
Cc: Campagna, William <WCampagna@co.marin.ca.us>; Adams, Susan <SAdams@co.marin.ca.us>; Arnold, Judy <JArnold@co.marin.ca.us>; Brown, Hal <HBrown@co.marin.ca.us>; Kinsey, Steven <SKinsey@co.marin.ca.us>; McGlashan, Charles <CMcGlashan@co.marin.ca.us>; Faulkner, Patrick <PFaulkner@co.marin.ca.us>; Mansourian, Farhad <FMansourian@co.marin.ca.us>; Klock, Ernest <EKlock@co.marin.ca.us>
Sent: Sun, Dec 12, 2010 3:44 pm
Subject: RE: MHS' Melrose Ave loading zone does not conform to Uniforn Federal Accessibility Standard section 4.6.5 PASSENGER LOADING ZONES.

Dear Mr. Sands,

 

The Uniform Federal Accessibility Standards (UFAS) were developed by specific federal agencies in collaboration with the Federal Architectural and Transportation Barriers Compliance Board (ATBCB) in response to their obligations to provide access for federal and federally funded facilities in accordance with the Architectural Barriers Act, 42 U.S.C. 4151-4157 and subsequent Rehabilitation Act of 1973, 29 U.S.C. 792.  As such, UFAS is only applicable to federal and federally funded facilities and are enforced directly by the specific federal agency having authority over the facility. 

 

I understand Marin Horizon School (MHS) to be a privately funded school and therefore subject to California accessibility requirements (County enforcement authority), as well as ADA accessibility requirements (Department of Justice enforcement authority).  UFAS is not applicable.

 

As you are aware, we recently granted MHS relief from strict adherence to California's passenger loading zone slope limitation due to the practical difficulty associated with the existing street slope, the unnecessary hardship due to the excessive cost to remedy the existing street slope, and the public safety hazard that would result due to increased nonconformance with CALTRANS driver visibility standards.  The action we took is specifically provided for in Section 19957, CA H&S code.

 

Important to point out:  1) both UFAS and the ADA Standards have similar provisions for tempering strict compliance under their respective applications, when appropriate, and 2) compliance with the practical difficulty provision, when equivalent facilitation is provided, constitutes compliance with the accessibility requirement wherein the practical difficulty provision exists.

 

While I support your desire for an accessible Marin, I recognize the pragmatic necessity of accepting equivalent facilitation under justified pre-existing circumstances.  MHS is satisfying their California accessibility requirements through approved construction of an accessible on-site passenger loading zone providing equivalent facilitation for the loading zone on the public way.

 

Regards,

 

Bill Kelley

ph: 415.499.6556

 

From: Charlessands [mailto:charlessands@aol.com]
Sent: Saturday, December 11, 2010 1:36 PM
To: Kelley, Bill
Cc: Campagna, William; Adams, Susan; Arnold, Judy; Brown, Hal; Kinsey, Steven; McGlashan, Charles; Faulkner, Patrick; Mansourian, Farhad; Klock, Ernest
Subject: MHS' Melrose Ave loading zone does not conform to Uniforn Federal Accessibility Standard section 4.6.5 PASSENGER LOADING ZONES.

 

Subject:

MHS' Melrose Ave loading zone does not conform to Uniforn Federal Accessibility Standard section 4.6.5 PASSENGER LOADING ZONES....