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Home My WebLink AboutItem 6.2 WaiveBldgPermitPenltyFee (2) " '~~:~: :'ci.: ..:~~ ~,~~~;",':i115~~i~lrfi!.~J.~1:~~~~;J.:;~~f1!j~lnt~~1t~'~f ~;.; ~~; ~ ~..::~;~.;;:.:,~~_~~,S :.:~~.1f~t'}~tf:j;~:~;;:ddJ}~:if..z):~~~(.t~;~,~'~; i: '~,;,f.~f~:;;.''&.~;?r ~:....> t \>~\~'\.. j ~ :'.:1";";..:' ~ ::"~'5~':' ";:'i:~~~.:;' "f L\'~.i' '~~.;f "n,'."..... ,. -' .. . . AGENDA STATEMENT CITY COUN"CIL MEETING DATE: December 12, 1994 SUBJECT;. PUBLIC HEARING Request for a Variance so as to waive Building Permit Penalty Fee Report by: Victor Taugher, Building Official EXHIBITS ATTACHED: 1.;1Cetter from Crosswinds Church, 6444 Sierra 90urt dated November 23, 1994 2./Building Permit Extension Letter dated ~ctober 14, 1993 3~~ection 7.28.430 C. Dublin Municipal Code ADMC) 4~Draft Resolution Granting Variance 5~raft Resolution Denying Variance - J 1. Open Public Hearing ~ 2. Receive Staff Report 3. Receive Public Testimony 4. Close Public Hearing 5. Deliberate 6. Adopt Resolution Reduction in revenue of $970.00 RECOMMENDATION: FINANCIAL STATEMENT: DESCRIPTION: On October 29, 1992, a permit was issued to Crosswinds authorizing the remodeling of an industrial building into a church and related uses. On October 11, 1993 the Crosswinds ChurCh requested, and was granted, an extension to the permit until April 11, 1994 (Exhibit 2). On March 25, 1994, a final inspection was made at the request of Crosswinds. The work was approved and the Building Department files were closed. In August the Dougherty Regional Fire Authority noted that substantial electrical work was being done. Crosswinds was requested to obtain a permit. An application was filed on October 6, 1994, and after - receipt of additional information, the application was approved for issuance on October 31, 1994, but it has not been issued yet. Section 7.28.430 C. Dublin Municipal Code (DMC) provides that when work is started without a permit the fees shall be doubled. The fee is $370.00 and Crosswinds is requesting that the additional $370.00 be waived. ---------------------------------------------------~------------------ ITEM NO. COPIES TO: Crosswinds Church 1 t ..1\ . :L------------------------- -------------------------------------------/ . COPIES TO: "-- ITEM NO. -".2 C IT Y C L E R K " FILE ~ . . The applicants rationale for the variance is that: 1. The work was shown on the original plans; 2. The city should have known that after Crosswinds Church called for the final inspection they intended to do additional work; 3. Crosswinds did not know that permits were required for the electrical work necessary for theatrical lighting. The recently completed work was in fact shown on the original plans. Crosswinds should have known the permit expired. Although Crosswinds may not have been aware of the requirements for a permit, the work was done by a licensed contractor. The contractor should have know that permits are required. The original Conditional Use Permit limited the capacity of the main sanctuary to 700 persons. This limit was based on the number of on- site parking spaces. In order to limit the number of occupants, a partition was installed in the original construction so as to prevent the rear portion of the sanctuary (2 approximately 16 x 40 areas) from being used. This partition has been removed, without a permit, and on November 1, 1994, a total of 764 chairs were in place. Also, bleachers accommodating 484 persons were installed, at the rear of the sanctuary without a permit. These are folding bleachers and are in the retracted position. According to Crosswinds, they are not in use at this time. On November 22, 1994, Crosswinds applied for a Conditional Use Permit to expand their capacity so that the bleachers may be used. If the Conditional Use Permit is granted the building permit fee for the bleachers would be doubled. An application for a building permit for the bleachers had not been filed, at this time, but the Building official estimates the permit fee would be $600.00 with an additional penalty of $600.00. The Building Official advised crosswinds that as long as a variance was being requested, to waive the double fee for the electrical work, the request should also include the waiver for the double fee for the bleachers. The granting of this waiver for the bleacher permit would only apply if the Conditional Use Permit was granted to allow the increased capacity. The rational for the waiver of the double fee for the bleachers is that although they have been installed they are not in use. It is noted that they could have been stored in the areas at the rear of the sanctuary which was partitioned off so as to limit the capacity of the sanctuary. The purpose of the double fee is to discourage work being done without permits. If the city council feels that the applicants should be penalized for failure to obtain permits then the variance should be denied. If the city Council finds that the above specific circumstances warrant, then the variance should be granted. Draft resolutions are provide for Council action. '^ . . 1~1 CROSSWINDS CHURCH Dublin City Council City of Dublin 100 Civic Plaza Dublin, CA 94568 fin. ['" ,r.::..," b ::'i .., '"' U r ~ '-') -'-, L rl ";l fl 11"7 __ I ' ". / t /, . j' .. {i . I..:"~ !/ 1;/ ~~<.,. \..j V/.& I"~ NOIj ')'1 - I/! "".j },Qg f t .... ", lJ PUt CItY 0 . - LDlIy" f: DUBI ..;:. tfv,-p'" <-IN ... ~CT'(~'\\j,' !)~,~.... November 23, 1994 Dear Council Members, CrossWinds Church is appealing the assessment of permit penalty fees penaining to twO separate projects at our facility. The first is regarding the completion of electrical work in our auditorium which we believe is tied to our original building permit, and the second is regarding a conditional use permit for the installation of bleachers-also located in the auditorium. We respectfully request that the city nullify the assessment of these penalty fees on the basis of the conditions stated in the following paragraphs. Moreover, the collective penalties, amounting to approximately $900, would present a financial hardship to our church at this time and also deplete designated congregational con"tributions originally intended for the completion of the two projects previously mentioned. Electrical Work In keeping with our original approved and permitted set of drawings, we commenced the installation of our theatrical lighting ponion of the build-out in June of 1994. With the understanding that our original permit covered our work (which before it expired, it did), we proceeded with the project. It wasn't until representatives from the Building Department and Fire Marshall visited our facility in late August that the question was raised as to whether the permit covered this work. Conversely, since the original building permit had been approved, whether or not an additional permit was necessary. Because the electrical work was known to be an ongoing project by both the City of Dublin and CrossWinds (there were miscellaneous recognized electrical items that still needed to be completed after the building permit was finalized), it was our understanding that the theatrical lighting wasn't in need of a permit since it, along with the other electrical concerns, was covered under the original permit. In short, the theatrical lighting permit was paid for once through the original permit, and it is our belief that a penalty assessment would constitute double billing to the extent that it would have to be paid again." We ask that you consider alleviating the new permit fee, along with'the penalty, as we were acting in good faith to proceed with the project. Bleachers We have been informed by Mr. Vic Taugher that there would perhaps be a penalty assessed to the conditional use permit we have filed for the installation of 68 linear feet of bleachers in our auditorium. According to Mr. Taugher, the penalty (or doubling of the permit fees) would be assessed as a result of the bleachers being installed prior to the, C. U.P. approval. 6444 Sierra Court, Dublin, CA 94568. (510) 551-3300 EXHIBI.r 1 ,., '. . . City of Dublin November 23, 1994 Page 2 It should be duly noted that CrossWinds Church began the permit process and preliminary planning discussions of the bleachers project with the Building and Planning Department at the city, . immediately after we became aware of Dublin High School's offer to donate the bleachers in July. The offer was based on the condition that as soon as the new bleachers were to be installed at the school, and the old ones extracted during the summer, that we would supply the equipment and manpower to haul them away at our own expense. In early September the bleachers became available. Because there was no place (inside or outside our building) to store the disassembled bleachers and the cost for commercial storage for several months would be exorbitant, we determined that it would be best to install them. We presumed that if the bleachers remained unused and fully retracted that we would not be in violation of code. To date we have not used the bleachers nor do we intend to until approval is granted. .'~ appreciate your careful consid~ration of t~ese pending. matters and look forward to your positive .". .'-,.<~sP,nse. If you have future questIons regardmg these proJects, I can be reached at 551-3300. . R spectfully, . copy: Vic Taugher '.. . /..-;o:.f-,.:-->, ~'''\ '- J!./I "- /,,'\- /~ -'<'/, ~~ ~ 't~ III . @f ~\~ ~~~~l '{4.UrO'~.:i)'V' ~._-- . CITY OF DUBLIN . "Celebrating 10 Years Of Cityhood 1982-1992" PO. Box 2340, Dublin, California 94568 . City Offices, 100 Civic Plaza, Dublin, California 94568 October 14, 1993 Gregg Nelson CrossWinds church 6444 sierra court Dublin, CA 94568 RE: BUILDING PERMIT EXTENSION Per your letter dated October 11, 1993, requesting a 6-month extension to building permit number 92-0695. Your request is hereby granted to April 11, 1994. Please note that only one extension may be granted. If you have any questions regarding this matter, please feel free to contact our office. Ik~-~~~ victor L. Taugher BUILDING OFFICIAL cf cc: street File Administration (510) 833-6650. City Council (510) 833~6605. Finance (510) 833-6640. Building 1m Code Enforcement (510) 833-6620 . Engineering (510) 833-6630 · Planning (510) Police (510) 833-6670 . Public Works (510) 833-6630 · Recreation (510) 833. EXHiBIT Z. '- .r . .~.' CROSSWINDS CI-IURCH '.' , . October 11, 1993 /l}) t@It;_- . fflT (~ ' .. Oct.!: /!J It . BUll ell' J !8'~'- !tJI f) DI1'IS Y Ot" :9 J l/ J IAts. Du. ' . PC:-c 'li1.!.'Iy . -~li'oAj . . b$pJ: Victor Taugher City of Dublin 100 Civic Plaza P.O. Box 2340 Dublin, CA 94568 RE: Permit #920695 CrossWinds Church 6444 Sierra Court Dear Vic, We are requesting a six month extension on our permit, which expires on October 29,1993. We have been making progress on completing the final punch list items, but still have the handicapped lift and sheet rock work in the lobby to complete. We are requesting this extension in order to do as much work as possible on a volunteer basis. Thank you for your consideration. .~-t ~JK-K-- , Gregg Nelson ", . GN Ikk 6444 Sierra Court, Dublin, CA 94568 (510) 551-3300 . 7.28.420 7.28.420 Permit-Suspension or revocation. The Building Official may, in writing, suspend or revoke a permit issued under the provisions of this chapter whenever the permit has been issued in error, or on the basis of incorrect information sup- plied, or in violation of this chapter, rule or regulation. (Ord. 21-89 ~ 12.12) .7.28.430''-1 Fees-Generally. The provisions of this section apply to - fees collected, by the Building Official. A. The City Council shall, by resolu- tion, adopt a schedule offees for permits. reinspections, code compliance surveys, moved building inspections, plan and specification storage fee, additional plan checking, hourly rates for inspection services not covered by,specific fees, and fees authorized by the Alquist-Priolo Geologic Hazards Zones Act. B. Prior to the issuance of any permit required by this chapter, the applicant shall pay the fees as established by resolu- tion of the City Council. , C; Where work for which a permit is: , required by this Chapter is started or pro. ceeds prior to obtaining such permit, the permit fee shall be, as a minimum, dou~ bled and may be increased up to three (3) times the, ()riginal,amountdepending on} the crcumsiancesofviolation. The pay} .., ," - ."', . .' ?; men! of such 'penalty fee shall ,not relieve aAfperSon'from fully"complying with an qt.thfp~~visi~~s 'of this chapter. D. The payment ofa penalty fee shall not be required where the work was done two years before the date it has been determined that the work was done with- out a permit. A penalty fee shall ~ot be . required when the work was done or caused to be done by a previous owner of the property. E. The determination of value or valuation under any of the provisions of this chapter shall be made by the Build- ing Official. The value to be used in com- puting the building permit and permit processing fees shall be the total value of all construction work for which the per- mit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems and any other per- manent equipment at the time the per- mit is issued. (Ord. 21-89 S 12.13 (a)) 7.28.440 Permit processing fee. Each application for a permit shall be accompanied by a fee equal to forty per- cent (40%) of the total permit fee rounded off to the nearest dollar. The pe,rmit processing fee shall be credited toward the total permit fee required. After permit processing has commenced, no portion of the permit processing fee shall be refundable. (Ord. 21-89 S 12.13 (b)) 7.28.450 Re(unds. A. Sixty percent (60%) of any permit fee may be refunded to the applicant prior to the expiration of the permit pro- vided that the work' authorized under the permit has not commenced. Thirty per- cent (30%) of the' permit fee may be refu,nded to the applicant after a permit has expired provided that the work has not commenced, but in no case shall any refund be allowed after one year from the date of expiration of the permit. Requests for refund shall be in writing. Any 368 EXHIBIT 3 . . RESOLUTION NO. - 94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN GRANTING REQUEST FOR A VARIANCE SO AS TO WAIVE BUILDING PERMIT PENALTY FEE WHEREAS, Crosswinds Church, 6444 Sierra Court, Dublin has requested a variance to Section 7.28.430 C. Dublin Municipal Code so as to waive the double fees for electrical work and installation of bleachers at 6444 Sierra Court, because the work was done without a permit; and WHEREAS, the city Council did hold a hearing on this matter on December 12, 1994; and WHEREAS, good cause appearing to the city Council. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin city council does hereby grant the requested variance to Section 7.28.430 C. Dublin Municipal Code to Crosswinds Church so as to waive the provisions for imposing a double fee. PASSED, APPROVED AND ADOPTED this 12th day of December, 1994 AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk EXi;"'Bf.r 4 .. . . RESOLUTION NO. - 94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN DENYING REQUEST FOR A VARIANCE TO WAIVE BUILDING PERMIT PENALTY FEE WHEREAS, Crosswinds Church, 6444 Sierra Court, Dublin has requested a variance to section 7.28.430 C. DUblin Municipal Code so as to waive the double fees for electrical work and installation of bleachers at 6444 Sierra Court, because the work was done without a permit; and WHEREAS, the city Council did hold a hearing on this matter on December 12, 1994; and WHEREAS, good cause appearing to the City Council. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin city Council does hereby request the variance to section 7.28.430 C. Dublin Municipal Code be denied. PASSED, APPROVED AND ADOPTED this 12th day of December, 1994 AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: city Clerk EXrilBIT 5 . . 7.28.420 7.28.420 Permit-Suspension or revotltion. The Building Official may, in writing, suspend or revoke a permit issued under the provisions of this chapter whenever the permit has been issued in error, or on the basis of incorrect information sup- plied, or in violation ofthis chapter, nIle or regulation. (Ord. 21-89 9 12.12) ) G 7.28.430 'Fees- enerally. The provisions of this section apply to . fees collected by the Building Official. A. The City Council shall, by resolu- tion, adopt a schedule offees for permits. reinspections, code 'compliance su[Y'eys, moved building inspections, plan and specification storage fee, additional plan checking, hourly rates for inspection services not covered by, specific fees, a:iG fees authorized by the Alquist-Priolo Geologic Hazards Zones Act. B. Prior to the issuance of any pem:it required by this chapter, the applic:?nt shall pay the fees as established by resoiu- tion of the City Council. C. Where work for which apermit is required by this Chapter is started or pro- ceeds prior to obtaining such permit, the permit fee shall be, as a minimum, dou- bled and may be increased up to three (3) times the original amount depending on the circumstances of violation. The pay- ment of such penalty fee shall not relieve '1 ....,. ,'/"-1', any person fro_m fully complying with all of the provisions of this chapter. D. The payment of a penalty fee shall not be required where the work was done two years before the date it has bee:::J. determined that the work was done wiu,1. out a permit. A penalty fee shall ~ot be ... required when the work was done or caused to be done by a previous owner of the property. E. The determination of value or valuation under any of the provisions of this chapter shall be made by the Build- ing Official. The value to be used in com- puting the building permit and permit processing fees shall be the total value of all construction work for which the per- mit is issued as well as all finish work, painting, roofing, electrical, plumbing, he3ting, air conditioning, elevators, fire extinguishing systems and any other per- manent equipment at the time the per- mit is issued. (Ord. 21-89 ~ 12.13 (a)) 7.28.440 Permit processing fee. Each application for a permit shall be accompanied by a fee equal to fony per- cent (40%) of the total permit fee rounded off to the nearest dollar. The pe,rmit processing fee shall be c:edited toward the total permit fee .required. After permit processing has commenced, no ponion of the permit processing fee shall be refundable. (Ord. 21-89 ~ 12.13 (b)) 7.28.450 Refunds. A. Sixty percent (60%) of any permit fee may be refunded to the applicant prior to the expiration of the permit pro- vided that the work authorized under the permit has not commenced. Thirty per- cent (30%) of the' permit fee may be refu.Ild~d to the applicant after a permit has expired provided that the work has not commenced. but in no case shall any refund be allowed after one ye:1r from the date of expiration of the permit. Requests for refund shall be in writing. Any 368 ~',. .....,t ~ '~1< ,-j ~ O\.~.." "'"'" -.L ;o.~ jl :::..'\ 1. :~ if ~ ~ ~:-..'" C' ,.. ~.f",,~ ,,'!i_.:::~' ~3