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HomeMy WebLinkAbout555 ORDINANCE 555 AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS ADDING CHAPTER 10, "CONSTRUCTION TIME LIMITS," TO TITLE VIII OF THE LOS ALTOS HILLS MUNICIPAL CODE; FILE#19-14-MISC WHEREAS, the number of construction projects on private properties in the Town of Los Altos Hills has increased substantially over the past five years resulting in increased impacts to residents from construction related noise and traffic; and WHEREAS, the Town of Los Altos Hills ("Town") has seen numerous individual projects designed and built on a very large scale so that construction has often continued for many years,thus prolonging the adverse impacts created by those projects; and WHEREAS, it is in the interests of the health, safety, and welfare of the residents of the Town of Los Altos Hills to place a reasonable time limit on the duration of each construction project, so as to balance the needs of the owner of the project with those of his neighbors and the community in general in the safe and peaceful enjoyment of their properties; and WHEREAS, the time limits adopted in this Chapter allow for an adequate and reasonable amount of time for the kinds of construction projects undertaken in the Town; and WHEREAS, because of the large monetary value of many of the construction projects in the Town, substantial penalties should be imposed upon persons who violate the time limits imposed pursuant to this Chapter, so as to encourage compliance with such time limits and achieve the purposes of this Section; and WHEREAS, the City Council of the Town of Los Altos Hills finds that this project is exempt from the provisions of the California Environmental Quality Act ("CEQA"), pursuant to Section 15061(b)(3) of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment. NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby ORDAIN as follows: Chapter 10, "Construction Time Limits," is hereby added to Title VIII of the Los Altos Hills Municipal Code to read as follows: Chapter 10 CONSTRUCTION TIME LIMITS 10-1.01 Application. This chapter shall apply to all new construction including, but not limited to, all new structures, additions, alterations, modifications, repairs, and improvements, that require a building permit. Ordinance 555 Page 1 Exception: This ordinance shall not apply to projects involving only interior work within an existing occupied structure where there is no exterior evidence indicating that construction is incomplete and provided there are no neighborhood complaints related to construction on the property. 10-1.02 Construction completion defined. For the purposes of this chapter, construction shall be complete upon the final performance of all construction work, including, but not limited to, exterior repairs and remodeling, total compliance with all conditions of application approval, installation of all required landscaping, and the clearing and cleaning of all construction-related materials and debris from the site. Final inspection and approval of the construction work by the Town shall mark the date of construction completion for purposes of this chapter only. 10-1.03 Construction Completion Estimate. As part of any application for a Site Development Permit, the applicant/owner shall file a reasonable estimate of the cost of the proposed construction which shall be certified by the Building Official, and based thereon, a construction time limit shall be established for the project in accordance with the guidelines set forth in Section 10- 1.04. Compliance with such time limit shall become a condition of the Site Development or Conditional Development Permit approval. For all other projects requiring only a building permit, the Building Official shall determine the estimated cost of construction. 10-1.04 Construction Completion Time Limit Guidelines. New Dwellings and Remodels with Additions. Except where a longer time period is approved pursuant to Section 10-1.05, the maximum time for completion of approved new dwellings or remodels with additions, following issuance of the building permit, shall not exceed the following time limits listed in Table 1: TABLE 1 —New Dwellings and Remodels with Additions Estimated Value of Project ($) Construction Time Limit $0 to $250,000 18 months $250,001 to $500,000 24 months $500,001 to $1,000,000 30 months $1,000,001 and over 36 months All Other Construction Projects. Except where a longer time period is approved pursuant to Section 10-1.05, the maximum time for completion of all other applicable construction projects (e.g.: remodels, alterations, modifications, repairs, new Ordinance 555 Page 2 construction of accessory structures, etc.), following issuance of the building permit, shall not exceed the following time limits listed in Table 2: TABLE 2—All Other Construction Projects Estimated Value of Project ($) Construction Time Limit $0 to $100,000 12 months $100,001 to $250,000 18 months $250,001 to $500,000 24 months $500,001 and over 30 months The Construction Time Limit period shall commence on the date the building permit is issued. The time limits stated in Tables 1 and 2 are the maximum time limits allowed and lesser time periods may be allocated to a project depending on the status of previously issued building permits or code enforcement actions. Every building permit issued by the Town under the provisions of the building code shall expire and automatically become null and void upon reaching the construction time limit unless a time extension is granted under Section 10-1.05. Said time extension shall be granted prior to the expiration of the building permit. 10-1.05 Extension of Construction Time Limit. In the event a project has not passed a final inspection in the allotted time period as prescribed by Table 1 or Table 2 under Section 10-1.04,the applicant/owner may be entitled to up to two (2), six-month extensions to complete the work. An application for an extension of the construction time limit shall be submitted at least 14 days prior to the expiration of the time limit period and shall be accompanied by a written explanation of the reasons for the requested extension and a fee, as established by City Council resolution. If the Building Official, upon review of the application, grants an extension,the additional six-month extension period shall start from the date of the original time limit expiration or the most recent extension expiration date. A Construction Completion Deposit shall be required pursuant to Section 10-1.06 prior to the granting of the time extension. Time limits shall not be increased through the issuance of subsequent building permits for the same project or for modifications to the original permit unless authorized by the City Council. 10-1.06 Construction Completion Deposit. Upon reaching the construction time limit set pursuant to Section 10-1.04, if a final certificate of occupancy has not been issued or final building inspection made,the Ordinance 555 Page 3 property owner or his or her representative shall deliver to the Building Department a refundable construction completion deposit(in cash or other security instrument acceptable to the Town and valid for a minimum period of two years) in an amount equal to the lesser of 10% of the estimated cost to complete the project, as determined by the Building Official, or $50,000.00. The deposit shall be retained until the final inspection is completed. Should penalties accrue due to failure to complete the project within the time limits granted, said penalties may be deducted from the construction completion deposit. If a building permit issued prior to the date of adoption of the construction time limit ordinance expires, the property owner or his or her representative shall deliver to the Building Department a construction completion deposit prior to the issuance of a new building permit for that project. 10-1.07 Appeals. Any party aggrieved by the determination of the Building Official regarding the applicable time limit or by the denial of an additional six-month extension, may appeal the Building Official's determination in writing to the Planning Director within ten days of the Building Official's decision. Upon making a determination on the appeal, the Planning Director shall notify the appellant in writing within 14 days of the filing of the appeal. If the appellant feels aggrieved by the determination of the Planning Director,then the appellant may appeal the decision to the Planning Commission. If the appellant feels aggrieved by the determination of the Planning Commission, then the appellant may appeal the decision to the City Council. The appellant shall pay a hearing appeal fee at the time of filing an appeal in an amount as shall be established from time to time by resolution of the City Council. The Planning Director shall notify the appellant in writing of the date of the hearing on the appeal, and such notice shall be sent at least ten days before the date of the hearing, which shall be held no later than thirty days after the filing of the appeal. 10-1.08 Penalty for Failure to Comply with Construction Time Limits. a) If an applicant/owner fails to complete construction by the applicable time limits set forth in this chapter, including any extensions granted under Section 10-1.05, the property owner shall be subject to the following penalties payable to the city which shall accrue daily up to the maximum established by this section: Time from Permit Expiration Penalty 0 to 30 days $0.00 31St day through the 60t day $400.00 per day 61St day through the 1201 day $600.00 per day 121St day and every day thereafter $1,000.00 per day up to a maximum penalty of$250,000.00 Ordinance 555 Page 4 Note: Penalties, fees and costs due to the town pursuant to this chapter are due each day as the penalties accrue. b) For purposes of this section, if a renewed permit expires and the property owner has not advanced a project to the next level of required inspection, the calculation of penalties shall relate back to the date of the previous permit expiration. c) The Planning Director may reduce or waive a penalty accrued under this chapter upon finding that the property owner acted in good faith and either: 1)the delay was attributable to circumstances beyond the property owner's control; or 2) imposition of the full accrued penalty would harm the public interest, provided, however, that any reduction or waiver of more than $5,000.00 must be approved by the City Council. 10-1.09 Public nuisance declared. Any violation of this chapter shall constitute a public nuisance and, in addition to being subject to any other remedies allowed by law, may be abated as provided for in Title 6, Chapter 5 of the Los Altos Hills Municipal Code. NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby further ORDAIN as follows: 1. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The City Council of the Town of Los Altos Hills hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. 2. Effective Date; Publication. This ordinance shall take effect thirty (30) days after adoption. Within fifteen days after the passage of this ordinance the City Clerk shall cause this ordinance or a summary thereof to be published once, with the names of those City Councilmembers voting for or against it in a newspaper of general circulation in the Town of Los Altos Hills, as required by law. INTRODUCED: October 16, 2014 PASSED: January 15, 2015 AYES: Mayor Corrigan, Mayor Pro Tem Harpootlian, Councilmember Larsen, Councilmember Radford, Councilmember Waldeck NOES: None ABSTENTIONS: None Ordinance 555 Page 5 ABSENT: None BY: ayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Ordinance 555 Page 6