Frequently Asked Questions March 19, 2013 - City of Manteca
Frequently Asked Questions March 19, 2013 - City of Manteca
Frequently Asked Questions March 19, 2013 - City of Manteca
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<strong>City</strong> <strong>of</strong> <strong>Manteca</strong><br />
<strong>Frequently</strong> <strong>Asked</strong> <strong>Questions</strong>
Business Licenses<br />
1. Who needs a business license and how do I get one?<br />
– Everyone doing business within the city <strong>of</strong> <strong>Manteca</strong> is required to have a Business<br />
License.<br />
2. What happens when a business needs to obtain licenses<br />
and/or permits from other agencies at the same time, like<br />
an ABC license or a health department permit?<br />
– When needing multiple permits or licenses such as a Health Department permit,<br />
you would need to obtain all permits and licenses prior to completing your<br />
business license.<br />
– Example: If you are a restaurant, you would need to obtain a seller’s permit from<br />
the Board <strong>of</strong> Equalization and a Health Permit from the San Joaquin County<br />
Health Department. If you plan on serving alcohol, you would also need an ABC<br />
license as well. You must receive approval through the <strong>City</strong>’s Community<br />
Development Department to see if your location is zoned appropriately for your<br />
business type, and approval through our Fire Department to make sure code<br />
requirements are met.
Business Licenses (cont.)<br />
2.(cont.)<br />
– After all approvals and permits are received you may then come to the<br />
Finance Department to complete the license processing. A payment will be<br />
taken for the estimated gross receipts <strong>of</strong> the business, as well as any<br />
applicable fees. Once processed, a final review is done and the license is<br />
mailed out to your business mailing address. The business license should be<br />
posted in an area for the public to view along with your health permit.<br />
3. What things do I need to consider when moving or<br />
changing a business address?<br />
– When you have a change <strong>of</strong> address, you will require a new business license. The<br />
old license may be transferred to the new location for a small a fee <strong>of</strong> $6.00.<br />
– You will also need to obtain a new home occupation permit, if necessary.<br />
– The business license and home occupation permit are tied to your location, so if<br />
you are planning on moving or relocating, please plan accordingly.
Business Licenses (cont.)<br />
4. Why is the Planning Division involved in the business<br />
license process, and what are the things they look at<br />
when evaluating a business license application?<br />
– The Planning Division is involved in order to review the zoning designation<br />
at the proposed business location to make sure the proposed use is<br />
permitted and if any special requirements are needed (entitlements). We<br />
also review the overall site, parking, landscaping, etc.<br />
5. What happens if I have already signed a lease for my<br />
new location, but I later find out from Planning that my<br />
type <strong>of</strong> business is not allowed at that location?<br />
– It is encouraged that applicants consult the Planning Division prior to<br />
signing a lease; however, if the applicant has already signed a lease,<br />
he/she should talk to the landlord and explain the situation to them.
Business Sign Regulations<br />
1. What are the new rules for temporary signs,<br />
portable signs and banners?<br />
Temporary Signs: “Special Events”: On Property<br />
Banner’s, Balloons, Inflatables, Flags, etc.<br />
Temporary Sign Permit, Over the Counter, $10.<br />
30-days max each 3 months.<br />
Portable Signs: Off Property (Sidewalk in Front <strong>of</strong> Business during business hours).<br />
One <strong>of</strong> either per 50-feet <strong>of</strong> business frontage: A-Frame (4’ X 3’ Max.), Flag. (15’ X 2’<br />
& 15 sq. ft. Max.).<br />
Portable Sign Permit, Insurance, locational requirements, 1-week review, $10. Annual<br />
Renewal.<br />
Human Sign: Off Property (Set location/s during the Daytime).<br />
One per business location: 12 sq. ft. Max.<br />
Portable Sign Permit, Insurance, locational requirements, 1-week review, $10. Annual<br />
Renewal.
Business Sign Regulations (cont.)<br />
2. How will the new rules affect me, and when will they go<br />
into effect?<br />
– The new rules are currently in effect.<br />
2. Do I need to get a sign permit, planning permit or planning<br />
approval if I'm just painting a sign on the side <strong>of</strong> my<br />
building? How much does that cost?<br />
– A sign permit must be obtained for a painted wall sign through the<br />
Building Safety Division. The permit will be reviewed by the Planning<br />
Division. It will cost approximately $115, based in part, on basis <strong>of</strong><br />
valuation.
Business Sign Regulations (cont.)<br />
4. Do I need a sign permit if I’m installing a non-illuminated<br />
wooden sign on the side <strong>of</strong> my building? How much does it<br />
cost?<br />
– A sign permit is required for a non-illuminated wooden sign. It will cost<br />
approximately $275, based in part, on basis <strong>of</strong> valuation.<br />
5. Do I need a permit if I am just changing out the sign face <strong>of</strong><br />
an existing permitted sign cabinet?<br />
– No, you do not need a permit if you are changing out the sign face <strong>of</strong> an<br />
existing permitted sign cabinet, as long as nothing else is being changed.
Business Sign Regulations (cont.)<br />
6. What the process for obtaining a sign permit?<br />
– A sign permit is obtained through the Building Safety Division. A nonilluminated<br />
wall sign may be obtained over-the-counter (OTC) during<br />
the OTC times (M-Th, 7:30-9:00 a.m. and 1:00-2:00 p.m.; Alternating<br />
Fridays, 8:00-9:00 a.m. and 1:00-2:00 p.m.). All other signs must be<br />
submitted for a 10-working-day review, along with the appropriate<br />
submittal documents (please see Building Safety Division website).
Building Permits<br />
1. When do I need to obtain a building permit? What examples<br />
<strong>of</strong> the kind <strong>of</strong> work or improvement that requires or does<br />
not require a permit?<br />
– A building permit is required for work that consists <strong>of</strong> any <strong>of</strong> the following: “to construct, enlarge,<br />
alter, repair, move, demolish, or change the occupancy <strong>of</strong> a building or structure, or to erect, install,<br />
enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system.”<br />
CBC Section 105.<br />
– Examples that require a building permit: a remodel, adding a toilet or sink, moving walls, adding an<br />
exterior sign, demolishing a wall, adding or removing electrical outlets or lights, additions, tenant<br />
improvement, etc.<br />
– Example that would not require a building permit: painting, tiling, cabinets, racks or partitions not<br />
over 5’9”, replacement <strong>of</strong> lamps, portable cooling or heating equipment, clearing <strong>of</strong> stoppages, repair<br />
<strong>of</strong> leaks in plumbing systems, etc. CBC 105<br />
2. How much does it cost to get a building permit and how long<br />
does it take?<br />
– The price and time required for a building permit depends on the type <strong>of</strong> permit and the complexity <strong>of</strong><br />
the project.<br />
– For example a commercial rero<strong>of</strong>ing permit can be issued over the counter within 30 minutes and<br />
costs approximately $220.00 while a new commercial building costs more and takes additional time<br />
due to the amount <strong>of</strong> plan check and inspection that are required to confirm compliance with State<br />
Building Codes.<br />
– Please note that the majority <strong>of</strong> fees associated with projects which include adding square footage<br />
are not “Building Permit Fees” but are instead impact fees (such as Traffic, Water, Sewer, School Fees,<br />
etc.).
Building Permits - Continued<br />
3. What is the penalty for doing work without a building<br />
permit?<br />
– “An Investigation Fee, in addition to the permit fee, shall be collected” (the<br />
building permit fee is doubled) and all work will need to be inspected which<br />
may require some destructive inspections to verify compliance with State Law.<br />
– Also a Code Enforcement Citation may be issued resulting in additional fines,<br />
fees, or penalties.<br />
4. If I am in a rush, can I request expedited service? How much<br />
does that cost?<br />
– Expedited Plan Check is available for any permit which reduces the plan check<br />
time to no more than half <strong>of</strong> the typical time.<br />
– The cost is an additional 35% above the price <strong>of</strong> the plan check cost (in<br />
addition to the normal permit price), which is paid to cover staff overtime or<br />
outsourcing if needed.
Building Permits - Continued<br />
5. How will I know the<br />
work has been finally<br />
approved by <strong>City</strong> Staff?<br />
– Upon completion <strong>of</strong> the final<br />
inspection, the Building Inspector<br />
will sign the line at the bottom <strong>of</strong><br />
the inspection card.
Building Permits - Continued<br />
6. What happens if I am due for an inspection during a period<br />
when <strong>City</strong> Hall is closed on certain work days due to<br />
furloughs and 9/80 work schedule? Do I have the option to<br />
pay extra for inspections on those days?<br />
– Building Inspectors are available to conduct normal inspections during <strong>City</strong>wide<br />
furloughs and no extra payment is required.<br />
– During the 9/80 schedule, inspections are not typically <strong>of</strong>fered. However, if you request<br />
an inspection during the “flex” day, communicate with the inspector prior to the date<br />
and they are available, and pay the additional fee to cover staff overtime ($228.00) the<br />
inspections can be conducted on that day.<br />
7. Do I need to obtain a demolition permit when doing<br />
remodeling or other debris removal? How much does that<br />
cost?<br />
– Yes, according to California State Law (California Building Code, Section 105.1), any type<br />
<strong>of</strong> demolition work (structural, non-structural, electrical, mechanical, plumbing, etc.)<br />
requires a permit. A demolition permit costs approximately $220.00 regardless <strong>of</strong> the<br />
amount to be demolished within the structure or site.
Building Permits - Continued<br />
8. What is a “Certificate <strong>of</strong><br />
Occupancy”, and how can I<br />
get one?<br />
– A Certificate <strong>of</strong> Occupancy is a<br />
certificate issued by the Building<br />
Safety Division, giving approval to use<br />
a building or portion there<strong>of</strong> following<br />
final inspections and approvals from<br />
all city departments. It allows<br />
occupancy <strong>of</strong> the building or space by<br />
certifying compliance with all<br />
applicable codes and laws and<br />
indicates the space is in condition<br />
suitable for occupancy.<br />
– A “Certificate <strong>of</strong> Occupancy” is<br />
typically issued to the property owner<br />
by the Building Safety Division at the<br />
time <strong>of</strong> final inspection <strong>of</strong> the new<br />
building or tenant improvement.<br />
– An owner at an existing property can<br />
request a Certificate <strong>of</strong> Occupancy at a<br />
location by applying for a building<br />
permit, supplying a complete floor<br />
plan, a complete site plan, and<br />
obtaining a final inspection by the<br />
Building Safety Division.
Building Permits - Continued<br />
9. Will the <strong>City</strong> tell the County Assessor about my<br />
new improvements?<br />
– The <strong>City</strong> is required to send most permit information to the County Assessor’s<br />
<strong>of</strong>fice for any new construction. For example, generally items <strong>of</strong> routine<br />
maintenance such as a rero<strong>of</strong> or water heater are not sent to the Assessor but<br />
additions or new building are sent. Less than half <strong>of</strong> permits result in<br />
additional assessments. Please be aware the County Assessor is required to<br />
value all new construction, even if a building permit was not issued.<br />
10. Will my property taxes go up when the<br />
improvements are completed?<br />
– It is the decision <strong>of</strong> the County Assessor on which improvements may or may<br />
not increase the property taxes after the improvements are completed. It is<br />
possible property taxes may increase; however, this is typically on for what is<br />
considered new construction, and not for permits for maintenance.
ADA & California Accessibility<br />
1. Nearly 40% <strong>of</strong> Americans with Disabilities Act (ADA) lawsuits in the<br />
U.S. are filed in the State <strong>of</strong> California.<br />
2. Recently, there have been several letters threatening lawsuits and<br />
also several lawsuits filed against <strong>Manteca</strong> business owners for<br />
violations <strong>of</strong> ADA accessibility requirements.<br />
3. A business owner can be found liable for not less than $4,000 plus<br />
attorneys’ fees for items such as lacking the correct parking signage,<br />
inaccessible restrooms, etc. (some exceptions).<br />
4. In most cases, businesses must comply with the accessibility<br />
requirements in effect at the time <strong>of</strong> original construction.<br />
5. If you receive a letter or have already received a letter, we<br />
recommend you contact your own legal adviser for direction as soon<br />
as possible.<br />
6. If you have not received a letter or lawsuit, we recommend you<br />
contact a California Access Specialist to identify your potential<br />
liability and provide suggestions on how to limit any liabilities you<br />
may have at your business or property.<br />
http://www.dgs.ca.gov/dsa/Programs/programCert/casp.aspx
CC&Rs and the Planning Process<br />
1. What are Covenants, Conditions and Restrictions<br />
(CC&Rs), and why do they matter? Does the <strong>City</strong><br />
keep track <strong>of</strong> where they apply?<br />
– The <strong>City</strong> does not keep track <strong>of</strong> CC&Rs. These are policies put in place by the<br />
business association<br />
2. If I obtained a <strong>City</strong> permit for some<br />
improvements, but the CC&Rs for my location<br />
prohibit or restrict those improvements, does the<br />
<strong>City</strong>’s permit issuance trump those guidelines?<br />
– No, CC&Rs are still in effect
CC&Rs and the Planning Process<br />
(Cont.)<br />
3. Does the <strong>City</strong> enforce CC&Rs, or notify permit<br />
applicants about CC&R compliance?<br />
– The city does not enforce CC&Rs
Code Enforcement<br />
1. How does Code Enforcement decide to<br />
take action on a code problem?<br />
– If it is a violation.<br />
2. Does <strong>City</strong> staff patrol the community<br />
looking for code violations?<br />
– No, they reply on complaints or comments.
Code Enforcement (cont.)<br />
3. What should I do if I receive a notice <strong>of</strong><br />
code violation?<br />
– Contact Code Enforcement<br />
4. If I become aware <strong>of</strong> an apparent code<br />
violation problem, how should I report it?<br />
Can I remain anonymous?<br />
– Call the Police Department or submit your request on the <strong>City</strong> <strong>of</strong> <strong>Manteca</strong><br />
website.