HomeMy WebLinkAboutUnreasonable Hardship 2019Page 1 of 2
CITY OF PALM DESERT
Building & Safety Department
73-510 Fred Waring, Palm Desert, CA (760) 776-6420
“UNREASONABLE HARDSHIP” ALTERATION INFORMATION FOR
COMMERCIAL
When the total construction cost of alterations, structural repairs, or additions to existing buildings and facilities
does not exceed a valuation threshold of $170,466.00 (2020) and the enforcing agency finds that full compliance
with the requirements for disabled access upgrades serving the area of alteration, structural repair, or addition
creates an “unreasonable hardship”, an exception can be granted to allow for less than full compliance for the
upgrades. This determination for “unreasonable hardship”, as detailed in Code Section 11B-202.4 can be
requested when the cost of providing the disabled access upgrades is disproportionate to the total construction
cost; that is, where it exceeds 20% of the cost of the project without these upgrades. Under this determination
upgrades will still need to be made, but only to the point where the upgrade costs are disproportionate (i.e. 20% of
the total construction cost will be required to be spent toward these upgrades).
In choosing which accessible elements to provide, priority should be giv en to those elements that will provide the
greatest access in the following order:
•An accessible building entrance and an accessible path of travel to this entrance from the public way.
•An accessible route of travel from the accessible building entrance to the area of alteration, structural
repair, or addition.
•At least one accessible restroom for each sex serving the area of alteration, structural repair, or addition.
•Accessible telephones, if provided, serving the area of alteration, structural repair, or addition.
•Accessible drinking fountains, if provided, serving the area of alteration, structural repair, or addition.
•Additional accessible elements such as parking, storage, and alarms.
Your plan reviewer will provide additional information regarding the “unreasonable hardship” determination if you
choose to apply for this for your project.
On the next page of this Information Bulletin is an example of the findings that must be submitted for a project
where an “unreasonable hardship” determination is requested.
Sample of Unreasonable Hardship Finding Construction valuation not exceeding $170,466.00 (2020)
Sec.11B- 202.4, Exc. 8
Sample Project Information:
Project Address: 72500 Example Street, Palm Desert, Ca 92260
Project: # 06-00012345
Project Description: Proposed Full Floor Tenant Improvement on 2nd Floor
Type of Facility: Office/Retail Project
Valuation: $ 60,000
Page 2 of 2
Full Compliance Cost of Disable Access Upgrades Outside of Area of Remodel
Path of travel to building or facility entrance.....................................................…………… $12,000
Path of travel within building or facility .............................................................................. $ 4,000
Sanitary facilities ............................................................................................................… $ 12,000
Drinking fountains .............................................................................................................. $ 2,000
Public telephones………………………………………………………………………………… $ N/A
Total = $ 30,000
The accessibility feature upgrades would increase construction costs by 50 %
Expenditure for Unreasonable Hardship Compliance (20% of project valuation = $ 12,000 )
Specify accessibility feature upgrades to be provided and cost under following priority listing:
1. Accessible path of travel to building or facility entrance (including entry doorway): $ 10,000
Install wheelchair lift at building entry door
2. Accessible path of travel within building or facility to the area of remodel: $ 2,000
Install braille symbols on elevator door jamb and handrail in elevator cab
3.Accessible restroom for each sex $
4.Accessible drinking fountains and public telephones $
5.Additional accessible features (parking, storage, and alarms)$
Total = $ 12,000
Applicant Information:
Applicant name: John Smith
Applicant signature: John Smith
Address: 1234 Main Street
Phone: 123-123-1212
FOR DEPARTMENT USE ONLY
Approved By: Date:
Accessibility Application For Unreasonable Hardship Exception
Project Address: Permit #:
________
Section 1134B General Exception Applicable to existing buildings where the
construction cost at this tenant space over the last three years does not exceed
the valuation threshold amount. The specific accessibility features that create a
hardship may be exempted but not all the accessibility features. The area of
alteration itself may not be exempted.
Valuation Threshold A.When the total cost of the alteration, repairs, or additions does not exceed the valuation
threshold amount within a three year period, an unreasonable hardship (UH) exists when the
cost of providing access exceeds 20% of the cost of the project. The specific accessibility
features that create a hardship may be exempted but not all the accessibility features.
Total cost of access features provided (A)
Total cost of construction of this project and all other work performed
Over the last 3 years in this tenant space (B)
Percentage of total cost of project (20% minimum): A/B x 100%
$
$
Valuation Threshold
Amount $170,466.00
January 2020
City of Palm Desert
Building and Safety Department
73-510 Fred Waring Drive, Palm Desert CA. 92260
(760) 346-0611
Fax (760) 776-6392
Please print legibly or type
Project Address Activity/Permit #
Owner Telephone Include Area Code
Applicant Telephone Include Area Code
It is requested that the above named project be granted an exception from the requirements of the State of California Title 24
accessibility, as specifically noted below
Access Features
Item Provide description
below
1. Path of travel to entrance
Does this feature meet
the latest edition of
Title 24?
If not, is this feature
going to be part of
this permit?
If so, cost of making
feature accessible?
Attach documentation
$
2. Entrance $
3. Path of travel within
building/facility to area of
remodel $
4. Elevator
___________________ _____________ $ _________________
5. Sanitary facilities $
6. Public Telephones If provided $
7. Drinking fountains If provided $
8. Other (Parking, etc.) Specify $
Page 1 of 3
ACCESSIBILITY APPLICATION FOR
UNREASONABLE HARDSHIP EXCEPTION
Page 2 of 3
The following individuals provided information listed above
Architect/Designer Owner/Tenant
Address Address
City State Zip Code City State Zip Code
Signature Required Date Signature Required Date
Valuation Description Date Permit Number
Alterations performed over the last three years in this tenant space. Include in total valuation B above unless 20% of valuation of
Individual remodel has already been expended on access feature (provide documentation).
Description of access features to be provided
The facility is used by the general public for the purpose of
The cost of all construction contemplated is $
The access feature increases the cost of construction by Percentage of construction cost
The impact on financial feasibility of the project if the requested exception is not approved is
Description
Cost of Making Features
Accessible Attach Documentation
$
$
$
Total $
Code Section/Exception Exceptions Requested
This part is generally used for remodels exceeding the threshold amount and where Title 24 provides an exemption from
specific accessibility features.
DO NOT USE THIS PORTION IF PART A HAS BEEN COMPLETEDB.SPECIFIC EXCEPTIONS
Page 3 of 3
FOR CITY USE ONLY
DATE RECEIVED RECEIVED BY
Findings and decisions of the enforcing official
Request Granted
General Unreasonable Hardship Exception request is approved based on Section 11B-202.4 of Title 24. Access Features listed in
part A of this form shall be provided as part of this permit.
Specific Exception(s) request is approval based on Section (s) All other access features shall be
provided as specified in Title 24.
Ratification required. This decision must be ratified by the Board of Appeals and Advisors. An application must be completed and a
filing fee paid before the board can hear the request.
Request denied. If you disagree with this determination, you may seek an appeal through the Board of Appeals and Advisors. An
application must be completed and a filing fee paid before the board can hear the request.
Name of enforcing official please print Signature of enforcing official Date