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<br /> `May-311 09:23am From-DISABILITY AND COMMUNICATION ACCESS BRDD 9085868129 T-322 P.03/03 F-752
<br /> One (1) parking lot is provided near Coconut Island. It is under construction and is not yet
<br /> striped for any parking. We understand that it will have one (1) or two (2) accessible parking
<br /> spaces when completed.
<br /> 1?ach of the parking areas has the required number of accessible parking spaces per the
<br /> ADAAG, although we did raot measure the actual stalls for conformance to width, slope, or
<br /> cross slope, when taken as separate parking areas. In fact, the number of accessible stalls
<br /> exceeds the minimurrm requirements under ADAAG 4.1.2, assuming that Coconut Island
<br /> parking is appropriately marked. The ADAAG x.1.2(5) requires accessible parking in each
<br /> of the parking areas, although they may be provided in a different location if equivalent oa
<br /> greater accessibility, in terms of distance from an accessible entrance, cost, and convenience is
<br /> ensured.
<br /> 3. Based on the above, the numbers are compliant to Igl.2S 103-50 with respect to parking. IF
<br /> the plans did not include ~ parking along the waterfront drive of I..ihiwai Street, the plans
<br /> would still comply with I~2S 103-50 and ADAAG because the remaining parking azeas on
<br /> each side of the Park and at the cea house contain the correce number of stalls per the table in
<br /> ADAACr 4.1.2. Therefore, when posed with the question as to whether or not ADAAG
<br /> rer quires parking along I.,ihiwai Street, the answer is no, because the other parking areas will
<br /> each comply individually.
<br /> ~6. 'W'hether or not ~DAAG requires parking in a specific location is a separate issue from what
<br /> the County may or may root have agreed to do in their Transition Plan, or as a condition of
<br /> receipt of Conrnauniry Y)evelopment Block Grant monies, or for environmental impact
<br /> reasons. 'W'e do not presume to know any other details or considerations which may be
<br /> impacted in that regard.
<br /> 5. The DCAB, as a Board, has taken no position, per se, as to the closing of I..ihiwai Street. This
<br /> should not, however, be construed to mean that we support or recommend the closing. IF
<br /> there aze bona fide reasons for the closure of any facility, on a temporary or full tune basis,
<br /> and if ehe closure is not a pretext for discrimination, then DCAB would remain silent on the
<br /> issue. lViany facilities are closed to everyone .for legitimate reasons such as safety, vandalism
<br /> or poklutiota, etc. If closure, however, is not related to a bona tide reason, it might be construed
<br /> as limiting or reducing access to an accessible element. W
<br /> e suggest that you seek legal
<br /> counsel on the matter if you have questions.
<br /> 6. It would be correct to say, however, that DCAB always advocates for the highest level of
<br /> accessibility, both in designOeonseruction and an polieieslprocedures. As an example, we know
<br /> that having. multiple restrooms, drinking fountains, ar any other element in multiple, dispersed
<br /> locations, will increase accessibility because it minimi2es the distance that a person vnth a
<br /> disability has to traverse ira order to utilize the element or benefit from the program at the site.
<br /> This does not, however, mean that the absence of the element in a specific quantity would be
<br /> considered discriminatory under the ADA. In this case, the parking along I.ihiwai Street
<br /> clearly does increase physical access for many people with ambulatory mobility impairments
<br /> and will increase program access to the gardens.
<br /> 7. On a related, but separate issue, we did note at the site that there are six (6) picnic tables at
<br /> either end of the park on the waterfront side. However, none of those picnic tables are on an
<br /> accessible route. We would suggest that you check into that matter.
<br /> I hope this clarifies our technical assistance. If we are unaware of any other facts that would change
<br /> the content of our technical assistance, please advise us and we will respond accordingly. Should
<br /> you have any additional questions, please feel free to contact either of us at (808) 586-8121.
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