1) I am starting a small Business (Vintage Resale Store) I will have 5 parking spaces. I have not signed the lease yet. The landlord has not previously made the parking ADA compliant with a Handicap Space/curb ramp at the sidewalk. Whose responsibility is it to make it compliant?
2) The far left parking space is located just below the sidewalk where the sidewalk meets the driveway with no restrictions. Can I make that space the Handicap space?
3) I read that I have to have a Van accessible space & it must be level. Our parking spaces are on an a steep incline that leads directly to the road. There is no way to level it out, there is not enough room to make it level. Am I ok if I just place a regular Handicap space? I believe I would from what I have read but I want to be sure.
4) Can I put a sign that the Handicap space is for customers only & no parking after hours. The trailer park behind us has drug issues & they like to park out there at night to do drug deals or just sleep in their cars.
5) I will be the only employee and in the future I will hire a friend to help. If I close the bathrooms for both the public and the employees is that ok? We can use my house next door.
All of your questions should be covered in the lease agreement. Normally, the landlord is responsible for making sure the parking area complies with ADA; however, you could get sued by a customer for not being handicap accessible. One thing you will definitely want to purchase is insurance covering ADA claims, given the issues you have identified on here.
1) The responsibility to ensure compliance with accessibility laws is jointly between landlord and tenant, but a lease agreement can delegate the party responsible for particular tasks. In common practice, the parking lot is the landlord's responsibility.
2) No one can really advise you where to place the handicap space without having seen it. Generally speaking, the location of the handicap accessible space must be reasonably close to the entrance to minimize the path of travel from the parking space to the entrance of the business.
3) Generally speaking, California law requires the wider van-accessible handicap parking space, as opposed to the regular handicap space under federal standards, unless there is some unique situation that would make it impossible or impractical to put in a van accessible space. A CASp inspector can help you determine what is readily achievable.
4) If the business facility provides parking for customers, you can restrict parking for customers only.
5) If the business does not provide public restrooms for customers, then the restroom for employees only does not have to be ADA compliant.
I strongly suggest that the landlord and/or tenant obtain a CASp inspection as soon as possible in order to take advantage of the protections under California's newly enacted SB 269.