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Attachment IV Summary of Other Universal Design Ordinances

Hayward City Council
May 20, 2025

Document
Attachment IV Summary of Other Universal Design Ordinances
Meeting
May 20, 2025
Body
Hayward City Council
Original file
111 KB
Text extracted from the city's file for reading and search. Open the original on hayward.legistar1.com. That file is the official record.

Jurisdiction Adoption Housing Types Covered Compliance Unit Threshold % Units Reqd Visitability Reqd
Enforcement UD Checklist Exclusions
Alameda 2017;
Updated
2024
New Construction Manditory to
offer
5 or more 30% Yes Administrative, civil, or
criminal penalties
No checklist but the
ordinance includes minimum
requirements
ADUs, rehabilitation or expansion of existing unit, reconstruction of a unit due to natural disaster.

Waivers may be granted by the Commission on Disability Issues and Planning Board in the following circumstances: To make the findings for Design Review, To support the provisions of affordable housing units, To avoid undue and substantial financial hardship caused by topographical, size, configuration, or legal constraints Clayton 2013 New construction of single-family,
duplex, triplex units.
.

Mandatory to
offer
1 or more 100% Yes Administrative, civil, or
criminal penalties
No checklist but handout
includes submittal
requirements
Determined by the Community Development Director and Building Official. Exemptions include custom built homes, general undue hardship, undue hardship due to topography, size of site or other site or legal constraints, units being reconstructed as a result of a natural disaster, unreasonable delay in construction or significant unreimbursable costs to developer or builder; and when primary entry is located over below ground or grade-level parking Davis 2008 New single-family dwelling units
and those undergoing substantial
rehabilitation
Mandatory to
offer
1 or more 100% No Building department and
local public prosecutors
and is punishable by civil
penalties
Yes Determined by the City Manager. Exemptions for project that would result in a property taking; delay by 5 or more business days; or are presented as infeasible are not required to be offered.

Dublin 2007 New construction of single-family,
duplex, triplex units.
.

Mandatory
unless applicant
qualifies for
exception or
owners opts-out
20 or more 100% Yes Community Development
Director and Building
Official. Projects not
compliant are subject to
civil action and qualifies as
a misdemeanor.

Yes Determined by the building official. Exemptions include undue financial hardship, undue hardship due to topography, site size or other site or legal constraints; units being reconstructed as a result of a disaster; and any unit where the primary entry is above grade becuase it is above subterranean or grade level parking.

Fremont 2011 New construction of single-family,
duplex, triplex units.
.

Mandatory to
offer and
Manditory to
install, varies
1 or more 100% Yes Chief Building Official and
right to appeal requirement
to City Manager
No Determined by the building official. Exemptions include custom built homes, undue financial hardship, undue hardship due to topography, size of site or other legal constraints, units being reconstructed as a result of a natural disaster, and unreasonable delay in construction.

Fresno 2008 Affordable units receiving City
funding shall include five basic
features of UD. Applies to tracts,
duplex, triplex, condo, townhouses,
or other residential dwellings that
receive City Funding
Mandatory
unless applicant
qualifies for
exception
1 or more Limited. All
afforable units and
projects that receive
public/City funding
No Chief Building Official No Determined by the building official. Exemptions include undue hardship due to topographical conditions, reconstruction and rehabilitation due to natural disasters and multi-dwellings on the second story where elevator does not exist
Murrieta 2023 New construction of single-family,
duplex, triplex units.
.

Mandatory
unless applicant
qualifies for
exception
5 or more 15% for owner-
occupied and rental
units. 100% for
senior projects
No There may be penalties,
fees, or consequences for
violating this municipal
code chapter but they are
not specifically called out
No checklist but developed a
handout that includes
submittal requirements
Determined by the building official. Exemptions include general undue financial hardship, undue hardship due to topography, size of site or other legal constraint, units being reconstructed as a result of a natural disaster and all single-family units on in-fill lots Petaluma 2022 Visitable requirements apply to all
new dwelling units within a
building with four or fewer
dwelling units; Universal design
apply to 30% of the total dwelling
units in projects with five or more
units
Manditory unless
applicant
qualifies for
execption
5 or more Visitability - 100%
Universal Design -
30%
Yes Chief Buiding Official and
right to Appeal
Yes Determined by the building official. Exemptions include alteration or expansion of existing dwelling unit, reconstruction of unit due to fire or natural disaster, ADU, undue financial hardship where compliance is not possible or practical, negative impact on natural environment, the nature and extent of the accessibility to be gained, and the nature of the use of the property by people with disabilities
Sacramento 2010 New construction of residential
construction
Mandatory to
offer
20 or more 100% No Chief Building Office and
right to Appeal
No Determined by the building official. Exemptions include undue hardship due to topography, size of site or other legal constraints, unreasonable delay in construction or significant unreimbursable costs to developer or builder
Sebastopol 2023 New residential construction
inteded to be owner occupied or
rental, incuding single-family,
duplex, and triplex
Mandatory to
offer
1 or more 100% Yes
Violations are subject to
$500 fine. Enforcement is
undertaken by the Building
Official and City Attorney.

Determined by the building official. Exemptions include custom built homes, financial undue hardship, undue hardship due to topography, size of site or other site constraint, units being reconstructed as a result of a natural disaster, unreasonable delay in construction or significant unreimbursable costs to developer or builder; and the primary structure is above grade because the primary entry is located over subterranean or grade-level parking Attachment IVOther City Comparison - Universal Design Ordinance

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