Does Path of Travel Improvements Include Street Parking That's Down The Street?

[arwat23]

I'm working on a TI for a new restaurant moving in to an existing building. We need to make accessible path of travel improvements using the 20% minimum exception (CA specific requirement), which basically means everything needs to be accessible since this is a pretty expensive project. Most path of travel elements aren't a concern; these improvements are straight forward and relatively simple. The only issue I'm having is with the accessible parking.

The site is kind of weird (at least for the area). There's no on-site parking, only street parking. There's no parking that's immediate adjacent to the building unless to cross the street or walk down the block. Providing new accessible parking immediate adjacent to the building is infeasible since there's no space for any parking. The city doesn't require us to provide parking for this building. There's a non-compliant accessible space on the street a few building's down. The parking attaches to the same sidewalk that runs to the building we're working on.

Would we need to make the non-complaint accessible parking space that's a few buildings down (a couple hundred feet away) accessible and provide a accessible path of travel to it?

Using 2022 California Building Code / 2010 ADAS.

 

[mtlogcabin]

The city doesn't require us to provide parking for this building.

I think that is your answer. You can't be forced nor can you force your requirements on property you do not own.

 

[Yikes]

​

"11B-208.1: Where parking spaces are provided, parking spaces shall be provided in accordance with Section 11B-208. "
If no onsite private parking for the building is required by your zoning code, then no accessible parking is required.

Note that for the "20% rule", exception #8.6 says:
6. When possible, additional accessible elements such as parking, signs, storage and alarms.

Since a private building owner does not have control over usage of parking in the public right of way, I would say that accessible parking is "not possible".

Furthermore, note that exception #8 s an EXCEPTION. Put another way, if you already comply with all of the applicable provisions of 202.4 listed below, then you don't need the exception:

11B-202.4 Path of Travel Requirements in Alterations, Additions and Structural Repairs​

When alterations or additions are made to existing buildings or facilities, an accessible path of travel to the specific area of alteration or addition shall be provided. The primary accessible path of travel shall include:

1. A primary entrance to the building or facility,
2. Toilet and bathing facilities serving the area,
3. Drinking fountains serving the area,
4. Public telephones serving the area, and
5. Signs.

No mention of parking in the list above.

 

[LR419]

ADA 206.2.1 requires an accessible route from each site arrival point (parking space, loading zone, public street, sidewalk, public transportation stop) to the building entrance. If the site arrival point is a street or sidewalk, that's where the accessible route starts. There is no requirement for off-site work.