SR-211-022 (2)City Council Meeting: May 13, 2003 Santa Monica, California
TO: City Council
FROM: City Staff
SUBJECT: Recommendation to Waive Certain Building and Safety Appeal Fees
Introduction
This staff report recommends that Council waive fees for mandatory appeals of certain
accessibility requirements.
Discussion
State building code allows certain waivers of accessibility requirements due to economic
hardship from legal and physical constraints but requires that a local accessibility
appeals board approve them in addition to the Building Officer. This regulation creates
an automatic appeal for more significant issues. Normally appeals are initiated at the
applicant's discretion and the applicant pays for the added service. In the case of
automatic appeals, the Building Officer cannot act alone by law to approve it or waive
the associated appeal fee. Language in the attached resolution provides for the waiver
in those limited circumstances.
Budqet/Financial Impacts
Staff anticipates minimal revenue losses if automatic accessibility appeals fees are
waived.
~
Recommendation
Staff recommends that City Council take the following action:
1) Adopt the attached resolution to waive appeal fees for ratification of findings and
determinations of the Building Officer related to special conditions for persons
with disabilities pursuant to California Building Code section 107.11.11.
Prepared by: Suzanne Frick, Director of Planning and Community Development
Timothy P. McCormick, P.E., Building Officer
Attachment A- Fee Resolution
2
ATTACHMENT A- Fee Resolution
City Council Meeting 05-13-03
Santa Monica, California
RESOLUTION NO. (CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA WAIVING APPEAL FEES FOR
FINDING AND DETERMINATIONS OF THE BUILDING OFFICER RELATED TO
SPECIAL CONDITIONS FOR PERSONS WITH DISABILITIES WHICH
REQUIRE RATIFICATION PURSUANT TO CALIFORNIA BUILDING CODE SECTION
101.17.11 IN THE PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT
WHEREAS, the City of Santa Monica recently completed a study of existing and
proposed City fees charged for the provision of a variety of services and the processing
of a variety of applications for the purpose of updating fee amounts to reflect current
costs of services and processing; and
WHEREAS the recent study of fees demonstrated that in many instances the full
costs of services to particular individuals are not being paid by those individuals
because fees do not reflect full costs; and
WHEREAS it is the policy of the City of Santa Monica to charge for the full costs
of services provided by City Staff when such services benefit individual users rather
than members of the community as a whole; and
3
WHEREAS, Ordinance Number 1754 (CCS) (the "Ordinance"), adopted July 12,
1994, governs the setting of the amount of user fees or fees for services provided to or
for the benefit of particular individuals rather than the general public; and
WHEREAS, the Ordinance allows such user fees or fees for services to be set by
ordinance, by a resolution adopted by the City Council or by any other means
authorized by law; and
WHEREAS, the California Building Code requires that certain findings and
determinations of the Building Officer related to special conditions for persons with
disabilities be ratified through an appeals process; and
WHEREAS, the City desires to waive fees for these automatic appeals since the
decision being ratified is that of City staff;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. The following user fees for appeals to the Accessibility Appeals
Board for are hereby adopted and supercede those same fees adopted in Item 9 of
Table A of Resolution Number 9807 (CCS) adopted October 22, 2002.
APPEALS Flat Fee
4
Building and Safety Commission $944
Accessibility Appeals Board -Ratification of Building Officer's Waiver Waived
per California Building Code Section
101.17.11
-All other appeals $944
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
MARSHA JONES MOUTRIE
City Attorney