HomeMy WebLinkAbout3.3ITEM 3.3
TOWN OF LOS ALTOS HILLS May 8, 2014
Staff Report to the Planning Commission
SUBJECT: PROPOSED CONSTRUCTION TIME LIMIT ORDINANCE FOR ALL NEW
CONSTRUCTION; FILE #19-14-MISC
FROM: Steve Padovan, Consultant Planner 5P
APPROVED: Debbie Pedro, AICP, Community Development Director
RECOMMENDATION: That the Planning Commission:
Review the preliminary draft ordinance on construction time limits for new construction
(Attachment 1), provide direction on any specific elements of the ordinance, and direct staff to
proceed with the further development of a draft Construction Time Limit Ordinance to present
for public review and comment at an upcoming Planning Commission hearing.
BACKGROUND
On February 20, 2014, staff provided the City Council with general information on time limits
for construction permits which included sample ordinances from seven local jurisdictions related
to the issue. The need for such an ordinance arose from concerns raised by residents that long
delayed construction projects throughout the Town are visually unattractive and may be
detrimental to surrounding neighbors through increased noise, dust and traffic from the
construction activity. The Council, on a 5-0 vote, directed staff to develop a draft ordinance to
ensure that future construction projects are completed in a timely manner and do not result in
detrimental impacts to the community.
Staff reviewed seven adopted ordinances developed by the cities of Atherton, Belmont, Belvedere,
Palo Alto, Ross, San Bruno, and Sausalito (Attachments 3 through 9) and found that they share
certain common elements including definitions of terms, time limit construction schedules,
allowances for an extension of time, and penalties for not abiding by the time schedule. Beyond
that, each city has customized its ordinance to meet the particular needs of the community.
Utilizing a similar format and including those common elements found in the other, jurisdiction's
adopted ordinances, staff developed a draft ordinance and presented it to the City Council on
March 20, 2014. The City_ Council reviewed the document and provided the following direction
to staff:
1) Develop an ordinance that is less expensive and less burdensome to .the homeowners by
using an internal, administrative process to approve time extensions;
2) Provide a clear understanding of the process after the expiration of two-time extensions;
3) Establish a penalty for pulling a new permit when an existing permit has expired;
4) Evaluate the creation of time limit periods based on square footage of the structure,
valuation, or develop a hybrid approach;
Staff Report to the Planning Commission
Proposed Construction Time Limits Ordinance
May 8, 2014
Page 2 of 3
5) Once a project reaches 90% completion, the permit can be amended, but the project needs
to be completed and the property owner will not be given an additional four years;
6) If a modification of an existing permit is sought, it does not stop the original time period
for completion of the permit;
7) The time period should be adequate to allow for changes to a project;
8) Time limits on existing projects should not be longer than for a new project.
In response to Council comments at the March 20'' meeting (Attachment 2), staff has modified the
draft ordinance to include three options for determining the appropriate construction time limit
period, proposed a minimum two-year time period for any new building permit and included a clause
that states the time limits will not be increased if subsequent permits are issued on the same project.
DISCUSSION
Regarding new construction projects, the draft time limit ordinance seeks to create financial
incentives for the property owner to complete the project in a timely manner and reduce
construction impacts to surrounding residents. Staff has incorporated the basic requirements
outlining applicability, time frames, extension of time frames, an appeals process, and penalties
for noncompliance. The idea is to avoid a cumbersome, time consuming process for applicants
and to allow primarily for an administrative review and approval process of extensions and
appeals. Ultimately, an applicant could appeal to the City Council but the goal is to minimize
that situation as much as possible. As for the time limits proposed, these were developed based
on a preliminary analysis of existing building permits for new residences and the length of time
between the issuance of the permit and the final inspection. Due to the scale and quality of
buildings being constructed in Town, extra time to complete a project is appropriate and staff is
proposing two additional six month extensions for added flexibility. It should be noted that these
are only estimates and further analysis of permit data and discussions with building contractors is
recommended in order to ensure that the time frames proposed are not too restrictive.
One area of importance to discuss is whether to base the construction time limits on the valuation
of construction or the square footage of the addition/remodel. Of the seven ordinances reviewed,
one (Atherton) bases it on square feet, five base it on valuation, and one (Palo Alto) simply
allows the Building Official to grant up to three 180 -day extensions, regardless of value or
square footage (extra extensions may only be granted by the City Council). The basis for the
time limits is important because a community doesn't want to unduly penalize larger more
complex projects but then inadvertently allow smaller projects to drag on for extended periods.
A time limit based on valuation is the primary method used by the majority of cities because
Building Departments already base a majority of their permits on the valuation of the project.
The Town of Los Altos Hills currently utilizes the valuation method and has assigned a valuation
of $165 per square foot for habitable floor area on new structures and additions and $58 per
square foot for new garages and other non -habitable floor area. Based on these figures a 5,000
square foot house with a 650 square foot garage would be valued at $862,700.00. This
standardized per square foot cost substantially reduces the inevitable debate about the value of a
project and the fees to be paid. The valuation method also more easily accommodates the wide
fluctuations in building types and levels of remodeling. For example, a garage may be the same
Staff Report to the Planning Commission
Lands of Sego & Zhuo
13140 Avila Court
May 8, 2014
Page 3 of 12
Trees & Landscaping
One 14" heritage oak tree is proposed to be removed as a part of this application, located in the
vicinity of the new residence. Condition of approval #3 requires a replacement of 3:1 with 24" box
oaks. In addition, there are thirteen (13) various species of trees on the property proposed to be
removed as a part of this application. A landscape screening and erosion control plan will be
required after framing of the new residence (Condition of approval #3). Furthermore, any
landscaping required for screening or erosion control will be required to be planted prior to final
inspection, and a maintenance deposit to ensure viability of plantings will be collected prior to
final inspection
Drainage
Water runoff generated from the new development will be collected in two (2) separate detention
systems on the property. The majority of the runoff will be routed into a 60' long, 36" perforated
pipe along the north property line and will percolate out near the driveway. The second system is
43' long and 18" solid PVC pipe and metered out to the energy dissipater at the south east side of
the property. The total storage capacity proposed for both systems is 1,011 cubic feet.
Pursuant to Section 10-2.503, Drainage Facilities Standards, of the Municipal Code, the
Engineering Department has reviewed and determined that the proposed drainage design complies
with Town requirements. The Engineering Department will review and approve the final drainage
plan prior to acceptance of plans for building plan check. Final "as -built" grading and drainage
will be inspected by the Engineering Department, and any deficiencies will be required to be
corrected prior to final inspection.
Pathways Condition
The Pathways Committee made a recommendation (8-1) on May 22, 2013 (Attachment 2) that the
applicant dedicate a pathway easement over a portion of the western property line and construct a
native path within the easement (condition #'s 27 & 28). The property owner did not agree with
the committee's recommendation, citing privacy issues as a concern (Attachment 3) and requested
the committee to review the application again. At their October 28, 2013 meeting, the committee
voted to uphold their previous recommendation.
The area in question is shown as a future path on the 2005 off road path plan approved by the City
Council on March 8, 2005. During the 2005 Master Path Map update, the subject off road path
was recommended to be removed by the Pathways Committee because it is redundant with
adjacent paths. The Commission and Council voted to retain the path on the map but requested the
Pathway's Committee to conduct further study to find an optimal or better route. (Attachment 4)
The off road path provides a connection between Maple Leaf Court and Via Feliz. To date, one
segment of the path has been constructed along the south property line of 13115 Maple Leaf Court.
ATTACHMENT
ORDINANCE NO.
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 419-14-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 Z' hstruction has often continued for
many years, thus prolonging the adverse impacts create&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;°;tare limit on the ddra`fion of each construction
project, so as to balance the needs of the owner,0f the project with those)ofhis neighbors and the
community in general in the safe and peaceful enjoyment of their properties; and
WHEREAS, the time lirmts 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 largernonetary value of many of the construction projects in
the Town, substantial,.penalties should be imposed upon person ':who violate the time limits
Chapter;.;. so as to encourage compliance with such time limits and
imposed pursuant to:IM
achieve the purposes`of this Section, ;and
4 .:lel
WHEREAS, the City CQuiicil of:the Town -,:of Los Altos Hills finds that this project is
exempt from the provisions of flie.alifornia Environmental Quality Act ("CEQA"), pursuant to
Section,,.,5061 of the °CEQA Guidelines, bec:A <it can be seen with certainty that there is no
,that the ordinancewill la:e
possibilitya significant effect on the environment.
NOW, THEREFORE, -`46 City Council of the Town of Los Altos Hills does hereby
ORDAIN as follows;;:;
Chapter 10, "Coi&� `-- "' 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 construction, including, but not limited to, all new
structures, additions, alterations, modifications, repairs, and improvements, that require
a building permit.
10-1.02 Construction completion defined.
For the purposes of this chapter, construction :sYiall be complete upon the final
performance of all construction work, includin&:, ut not limited to, exterior repairs and
remodeling, total compliance with all conditioris:of-application approval, installation of
all required landscaping, and the clearing"'ai d cleaning of all construction -related
materials and debris from the site. FinalL'zrispection 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.
10-1.04-� �
As part of any application fora Site;D
a reasonable estimate of the cost: of tl�
by the Building Official, and bdsed,th,
established for ;tleproject in accordan
1.04. ComplhE6e with such time limn
Developmerit:'Eermit approval.
t,P,ermit, the applicant/owner shall file
construction which shall be certified
istrucfion time limit shall be
guidelih6s, set forth in Section 10-
ffie'4::condition of the Site
For all other projects requiring only, a building permit, the Building Official shall
detertrime the;estimated cost
of consttuction.,',
:Construction Co pletion. Time Limit Guidelines.
Except_:where a longer time period is approved pursuant to Section 10-1.05, the
maximum::time for completion of approved alterations, additions, modifications,
repairs, or .new construction, following issuance of the building permit, shall not exceed
the following:.:,,::..
(Option 1: Construction Time Limits Based Upon Demonstrable Estimated Project
Value)
Estimated Value of Project (S)
Construction Time Limit
$0 to $250,000
24 months
$250,001 to $500,000
30 months
$500,001 to $1,000,000
36 months
$1,000,001 and over
48 months
(Option #2 — Construction Time Limits Based on Square Footage of New Structure,
Addition, and/or Area of Remodel)
Project Square Footage
Construction Time Limit
0 to 500 sq.ft.
24 months
501 sq.ft. to 1,000 sq.ft.
30 months
1,001 sq.ft. to 2,000 sq.ft.
36 months
2,001 sq.ft. and greater
48 months::,,
(Option #3 — Based on a hybrid approach. Utilize>fle;valuation method for new
structures and the square footage approach for-.remo-db ls:and additions.)
Time limits will not be increased through -the'' e issuance of s sequent building permits
for the same project or for modificatioristo the original perritexcept as provided for in
Section 10-1.05.
Every building permit i
shall expire and autom,
time limit.
10-1.05 Extension of
In the event a project
prescribed byJTable ]
two (2), six-mo"rth::e)
of.thb tonstruction`t'
6f the'time l'i nit peril
reasons for the reque.
I ,the Building Offc
or the
10-1.06 Appeals.
d.by the Town urd'er:tlprovisions of the'bilding code
;ly;li'ecome null and'vo d upon reaching the construction
TimeLimit.
t passed a''bridl' inspection in the allotted time period as
Section 1Q:=;;14:04, the applicant/owner may be entitled to
cis: to complefe the work. An application for an extension
if"gh' 1.,be submitted at least 14 days prior to the expiration
shall be accompanied by a written explanation of the
tension and a fee, as established by City Council resolution.
preview of the application, grants an extension, the
ion; period shall start from the date of the original time limit
t extension expiration date.
If the applicant/o'vuner'feels aggrieved by the determination of the Building Official
regarding the applicable time limit or by the denial of an additional six-month
extension, the applicant/owner may appeal the Building Official's determination in
writing to the. Community Development Director within ten days of the Building
Official's decision. Upon malting a determination on the appeal, the Community
Development 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 Community
Development Director, 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
Community Development 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.
10-1.07 Penalty for Failure to Comply with Construction Time Limits.
a) If an applicant/owner fails to complete construction by the applicable time limit set
forth in this chapter, 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 ;:,$200.00
perday up to a maximum of
:6 I't day through the 1201 _ day
$400.00 pet day '-to a maximum of
$24,000.00
121St day and every day thereafter
$800.QO,per day up to aniaximum penalty
of.the;lesser of 10% of theiproject valuation
or: 1:Q0,000.00
Note: Penalties, fees and costs.;due td ifi6 city pursuar't.Ao this chapter are due each day
as the penalties accrue.
b) For purposes of this section, if a renewed perrritexpires and the property owner has
not advanced_ a projebfjo the ne"xt:level of required inspection, the calculation of
penalties shall:;telate bacle.to the dateof the previous permit expiration.
.::i'lie"Lommunity
under this cl'apti
either: 1) the:!del
:egntrol; or 2) imj
by the C
10-1.08 Public nuis
lopment'Direcfor: may reduce. or waive a penalty accrued
n finding that -%the property, owner acted 'in good faith ;and
s.;;attribule tabto circumstances beyond the property owner's
n'of:the full accrued penalty would harm the public interest,
.t any -reduction or waiver of more than $5,000.00 must be
ouncil.
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:
I . 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. Publication and Posting. Pursuant to the provisio:
36933, a summary of this ordinance shall be prepared by the;
five (5) days prior to the Council meeting at which this ordin4i
City Clerk shall (1) publish the summary in a newspaper; of
the City Clerk's Office a certified copy of this ordinafice.
adoption of this ordinance, the City Clerk shall1(1}' publish
of Government Code Section
'y Council's designee. At least
is scheduled to be adopted, the
gyral circulation, and (2) post in
hin fifteen (15) days after the
.; :summary in a newspaper of
general circulation, and (2) post in the City Cle k:;s Office a certifiedci of the full text of this
ordinance along with the names of those C ty; Council members vofirig jor and against this
ordinance or otherwise voting.
3. Effective Date. This ordinarice'I'shall become effe'cive thirty (30) days from and after its
adoption, or on , 2014 wh 6,`Or,,date is later;:s::::,,
INTRODUCED:
PASSED:
AYES:
City Attorney
ATTACHMENT 2
Council recess at 8:03 p.m.
Council reconvened at 8:14 p.m.
B. Review of Proposed Construction Time Limit Ordinance for all New Construction
and a Draft Policv.for Addressing Time extensions on Existing BUildinz Permits:
File #19-14 MISC (Staff: D. Pedro)
Consultant Planner Steve Padovan presented the report.
Adam Seiver, Los Altos Hills, appreciated any discretion allowed for special
circumstances.
Jim Abraham, Los Altos Hills, said that in looking at other cities, most have a
building official that has the authority to grant an extension in unique situations. He
requested that such a provision be made available in Los Altos Hills.
Council discussion ensued.
DIRECTION: The item was sent to the Planning Commission for discussion and
presentation of a proposed ordinance to the City Council.
The Council directons to staff were as follows:
■ an ordinance that is less expensive, less burdensome to the
homeowners by using an internal, administrative process to approve
extensions;
■ a clear understanding of the process after the expiration of two-time
extensions;
■ penalty for pulling a new permit when a permit has expired;
■ square footage vs. valuation or a hybrid approach;
■ if a project is.90% done, the permit can be amended, but the project
needs to be completed and the property owner will not be given an
additional four years;
■ if a modification of an existing permit is sought, it does not stop the .
original time period for completion of the permit;
the time period should be long enough for changes to a project;
■ time limits on existing projects should not be longer than for a new
project.
>. PUBLIC HEARINGS
A. Introduction of an Ordinance First Reading a m, Chapters I Through 9 of
Title V111 (BUilding Regulation e Los Altos Hills Municipal Code and
Adopting by Referent 3 California Building Standards Code, including
but not lin • Building Residential, Electrical, Mechanical PlumbinL).
En lstorical Building. Fire. Existin Buildin? and Green Buildin Standards
5
City Council Regular Meeting Minutes
March 20, 2014
i
ATTACHMENT 3
Chapter 15.40 CONSTRUCTION REGULATIONS
Chapter 15.40
CONSTRUCTION REGULATIONS
Sections:
15.40.010 Underground utilities.
15.40.020 Survey policy.
15.40.030 Public property.
15.40.040 Construction vehicle parking.
15.40.050 Noise.
15.40.100 Site regulations—Community impacts—Purpose.
15.40.110 Definitions.
15.40.120 Time limits.
15.40.130 Dirt—Debris—Litter.
15.40.140 Operation of vehicles—Pick-ups and deliveries.
15.40.150 Regulation of traffic.
15.40.152 Construction, operation, and parking plan.
15.40.155 Posting of signs.
15.40.157 Screening.
15.40.160 Application.
15.40.170 Construction completion.
15.40.180 Time limits.
15.40.190 Penalties.
15.40.200 Deposit.
15.40.210 Appeal.
15.40.220 Enforcement.
15.40.230 Violations.
15.40.010 Underground utilities.
.....................................
All telephone, telegraph, electric wires and other such service facilities to newly constructed dwellings
shall be placed underground from the point of the utility company pole. This section shall apply to all
dwellings where building permits have not been issued prior to the date of the ordinance codified in
this section. (Ord. 272, 1966)
15.40.020 Survey policy.
_.............................................................................................................. ............................................................ _................................................................................................................................
It is the city council's policy that the following condition should be incorporated into any decisions
made by the zoning/building official, the planning commission, and the city council involving: (1)
foundation improvements which would involve alterations to an existing foundation, (2) relocation of a
residence, and (3) construction of a new residence:
Prior to undertaking any major construction related activity and prior to the issuance of a
building permit, the existing grade and elevation of the proposed construction site shall be
confirmed in writing by a qualified licensed civil engineer or land surveyor. Further, at the time of
foundation inspection, the location and elevation of the new major construction shall be certified in
writing by a qualified licensed civil engineer or land surveyor as the same location and elevation
Chapter 15.40 CONSTRUCTION REGULATIONS Page 2 of 8
shown on the approved site development plan. At the time of framing inspection, the height of the
new major construction shall be certified in the same manner as being the height shown on the
approved site development plan.
(Ord. 498 § 1, 1998)
15.40.030 Public property.
Contractors shall restore any public property or public right-of-way which has been altered or
otherwise damaged as a result of construction vehicles or construction related activities, to its original
condition prior to a final inspection or to the satisfaction of the city manager or the city manager's
designee. Prior to issuance of a building permit for a residential remodel or new construction,
applicants shall submit documentation, including but not limited to, dated photographs of existing
public property and public right-of-way conditions of public property and public right-of-way adjacent
to the construction site, which potentially may be affected by the constitution. Such documentation
shall be to the satisfaction of the city manager or the city manager's designee.
Upon reviewing the documentation and potential impact of damage to the public right-of-way, the city
manager or the city manager's designee may require the posting of a cash deposit or bond of
sufficient amount to guarantee the repair and reconstruction of damaged public property. (Ord. 498 §
2, 1998 )
15.40.040 Construction vehicle parking.
On-site parking or parking within the public right-of-way only in front of the construction site, on the
same side of the street for construction vehicles shall be required to avoid congestion and damage to
landscaping and improvements in the right-of-way except when authorized in writing by the city
manager or the city manager's designee or when authorized by the guidelines adopted pursuant to
these regulations. (Ord. 546 § 2, 2004: Ord. 498 §.3, 1998) .
15.40.050 Noise.
......................................................................................................................................................................................................................................................................................................
Construction shall be permitted only within the noise standards incorporated in Chapter 8.16 of this
code. (Ord. 498 § 4, 1998)
15.40.100 Site regulations—Community impacts—Purpose.
The purpose of this chapter is to protect the peace, health and safety of the citizens of the town and
to secure those persons on a regular basis, including weekends and holidays, a reasonable degree of
relief from traffic congestion, dirt, litter and air pollution resulting from construction activities and the
delivery of construction supplies and materials as defined below. (Ord. 514 § 1 (part), 2000)
15.40.110 Definitions.
As used in this chapter:
A. Except as otherwise provided in this chapter, "construction" means the act or process of building,
including, but not limited to, landscape installation, site preparation, alteration, repair, remodeling,
assembly, erection, or similar action, of buildings, structures, pavement, flat work and other works
including the use of power equipment in connection with activities therewith. Site preparation includes
Chapter 15.40 CONSTRUCTION REGULATIONS
Page 3 of 8
demolition and the removal of materials in connection with the demolition and/or removal of materials
including landscape plantings, by any means including "demolition sales" or invitations to the public to
retrieve and remove any material from the demolition site.
B. "Delivery" means delivery of building materials or equipment to any construction project and items
related to the construction project.
C. "Holidays" mean and include those days declared as legal holidays by the Governor of the state of
California and as set forth in Government Code Section 6700 with the exception of subsections (d),
(f), (j), (k), (n) and (o) and further including the fourth Thursday in November.
D. "Pickup" means pickup or retrieval of building materials or equipment from any construction project
and items related to the construction project.
E. "Vehicle" means any device by which any person or property may be propelled, moved or drawn
upon a highway or street or private property. (Ord. 546 § 3, 2004; Ord. 535 § 1, 2002; Ord. 526 §1,
2001; Ord. 514 § 1 (part), 2000)
15.40.120 Time limits.
A. Except as otherwise provided in this chapter, construction, pickup and delivery shall be prohibited
on any property within the town between the hours of five p.m. in the evening and eight a.m. of the
following day, Monday through Friday.
B. Construction, pickup and delivery shall be prohibited on any property within the town on Saturday,
Sunday and any holiday.
C. Residents/property owners when they are personally undertaking construction activities to
maintain or improve their property on Saturdays, Sundays or holidays between the hours of ten a.m.
and five p.m. are exempted from the foregoing prohibitions.
Such activities are restricted to the use of hand and power tools only.
D. Emergency construction required for the immediate protection of persons and property including,
but not limited to, plumbing, electrical and roof repairs is exempt from the foregoing prohibitions. (Ord.
526 § 2, 2001; Ord. 514 § 1 (part), 2000)
15.40.130 Dirt—Debris—Litter.
............................................................................................................_................................. ................................. ........ .............................. ................................. ........ .............
It shall be the responsibility of the owner of any property located within the town for any construction
project on any property within the town to maintain all adjacent public and private property clean and
free of dirt, debris and litter resulting from construction activities upon the owner's property. (Ord. 514
§ 1 (part), 2000)
15.40.140 Operation of vehicles—Pick-ups and deliveries.
Vehicles engaged in the delivery or pick-up of supplies and materials to or from construction projects
shall be loaded or unloaded on the construction site whenever possible. Vehicles are not to arrive at
the construction site before the hour of eight a.m. and must depart the construction site no later than
five p.m. The engines of delivery and pick-up vehicles shall be shut off upon arriving at the site and
Chapter 1.40 CONSTRUCTION REGULATIONS
Paue4of8
shall remain shut off during the time supplies, materials, or equipment are being loaded onto or
unloaded from the vehicle unless the operation of the engine is required to load or unload the vehicle.
(Ord. 535 § 2, 2002: Ord. 526 § 4, 2001; Ord. 514 § 1 (part), 2000)
15.40.150 Regulation of traffic.
It shall be the responsibility of the owner of any property located within the town for any construction
project on any property within the town to keep adjacent roads and streets open for travel by the
public, adjacent property owner, their visitors and guests at all reasonable times. For purposes of this
ordinance, blockage of a street or road exceeding five minutes shall be considered to be a violation of
this provision. (Ord. 514 § 1 (part), 2000)
15.40.152 Construction, operation, and parking plan.
Prior to submitting plans for building plan check, the owner of any property located within the town for
any construction project on said property shall submit.a construction, operation, and parking plan
(COP plan) for review and approval by the building official. The construction, operation, and parking
plan shall be prepared in accordance with guidelines to be adopted by resolution of the city council
and made a part of the public file. (Ord. 546 § 4, 2004)
15.40.155 Posting of signs.
Signs advising of the provisions of this chapter and prepared by the town shall be purchased from the
town by the person acquiring any building permit or engaging in construction as defined above. Signs
shall be posted at locations and in the manner prescribed by the city manager or designee. (Ord. 535
§ 3, 2002)
15.40.157 Screening.
Any construction site project that is visible from the public right-of-way shall be adequately screened
to the satisfaction of the building official. Screening shall consist of materials approved,by the building
official and identified on approved building plans. Screening shall be installed prior to start of
construction as defined in Section 15.40.110(A). (Ord. 564 § 1, 2006)
15.40.160 Application.
...................... :......-...........................................................................................................................................................................................................................................................................
Sections 15.40.160 through 15.40.220 shall apply to all building construction (including, but not
limited to, all additions, alterations, modifications, repairs and improvements) that requires a building
permit, and landscaping related to such building construction. (Ord. 566 § 2 (part), 2006)
15.40.170 Construction completion.
For the purpose of Sections 15.40.160 through 15.40.220, construction shall be complete upon the
final performance of all construction work other than landscaping, including, but not necessarily
limited to, exterior repairs and remodeling, total compliance with all conditions of application approval,
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. Deadlines for the completion of landscaping are set forth in Section 17.50.060. (Ord. 566
§ 2 (part), 2006)
Chapter 15.40 CONSTRUCTION REGULATIONS
15.40.180 Time limits.
........... .... ......._..........._........... .... ..... ............ ............................._.... ........
Paue 5 of 8
Building Permit Valuation
New Building Construction
Additions, Alterations, Modifications, Repairs
and Improvements
Incomplete Beyond Applicable Time Limit
2,000 square feet or less
12 months from original building permit issuance
31st through 60th day
$200.00 per day (i.e., $6,000.00 maximum penalty
2001 — 4,000 square feet
24 months from original building permit issuance
61st through 120th day
$400.00 per day (i.e., $24,000.00 maximum penalty
Greater than 4,001 square feet
36 months from original building permit issuance
Time limits will not be increased by issuance of subsequent building permits for the same project.
(Ord. 566 § 2 (part), 2006)
15.40.190 Penalties.
.
............._...._.........................._.........................................................................................................................._.................................................................................................
A. If a property owner fails to complete construction by the applicable time limit established in this
chapter, the property owner shall be subject to the following penalties payable to the town:
Period of Time That Project Remains
Penalty
Incomplete Beyond Applicable Time Limit
First 30 days
-0-
31st through 60th day
$200.00 per day (i.e., $6,000.00 maximum penalty
applicable to this 30 -day period)
61st through 120th day
$400.00 per day (i.e., $24,000.00 maximum penalty
applicable to this 60 -day period) -
eriod)121st
121 stday and every day thereafter
$1,000.00 per day (to a maximum of $250,000.00)
B. Penalties, fees and costs due to the town pursuant to this chapter are due each day as the
penalties accrue.
C. 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 by law. (Ord. 566 § 2 (part), 2006)
15.40.200 Deposit.
A. Upon reaching the time limits set out in Section 15.40.180, if construction has not been completed,
if no final inspection has been made or a certificate of occupancy issued, the property owner or his
representative shall deliver to the building department a refundable deposit (in cash or a certificate of
deposit or in the form of a payment penalty bond) in the amount of thirty thousand dollars. Any bond
shall be in the amount of the deposit and in form and contents satisfactory to the town and shall cover
a minimum time period of two years.
Chapter 15.40 CONSTRUCTION REGULATIONS
Page 6 of 8
B. If no deposit is made as provided in subsection A of this section, the building official shall issue a
stop work order.
C. If a property owner fails to complete construction by the applicable time limit, the applicable
penalties shall accrue daily up to the maximum set out in Section 15.40.190.
D. On or before the one hundred twentieth day that the project has remained incomplete, no final
inspection has been made and no certificate of occupancy issued, the property owner or his
representative shall deliver to the building department a refundable deposit (in cash or in the form of a
certificate of deposit or a payment penalty bond) in the amount of two hundred twenty thousand
dollars. Any bond shall be in the amount of the deposit and in form and contents satisfactory to the
town which shall cover a minimum time period of two years.
E. If no deposit is made as provided in subsection D of this section, the building official shall issue a
stop work order.
F. If the owner believes that the failure to meet the applicable time limit was caused by circumstances
beyond the owner's control, the owner may file a written statement to that effect with the building
official at the time of making the deposit as described in subsections A and/or D of this section and
provide any documentation substantiating such grounds of appeal and the effect on the construction.
If the owner makes such filing, no part of the deposit shall be forfeited to the town and no demand
shall be made against the bond if construction is completed within thirty days of the deposit. If
construction is completed after the thirty days and the building official concurs with the owner's
statement as to the cause of the failure to meet the deadline, the building official shall waive the
penalty and return the cash deposit, certificate of deposit, or bond to the owner. If the building official
does not concur with the owner's statement, it shall be treated as an appeal under Section 15.40.210
and all the provisions of that section shall apply.
G. If construction is completed after the applicable time limit, and the building official does not concur
with the owner's statement, the town shall draw on the deposit, certificate of deposit, or bond in the
amount of the applicable penalties; provided, however, that in the event of an appeal, the town shall
not draw on the deposit, certificate of deposit, or bond until the planning commission and, if
applicable, the city council has rendered its decision as set forth in Section 15.40.210(A).
H. After construction is completed and all applicable fines received by the town, any remaining
deposit shall be refunded or the certificate of deposit or bond shall be returned. (Ord. 566 § 2 (part),
2006)
15.40.210 Appeal.
........._...................................................................................................................._................
A. A penalty imposed pursuant to Sections 15.40.160 through 15.40.200 and Section 15.40.220 may
be appealed to the planning commission on the grounds that the property owner was unable to
comply with the applicable time limit for reasons beyond the control of the property owner and the
owner's representatives. There shall be no right to appeal until construction is completed. Any person
aggrieved by the decision of the planning commission on the appeal may appeal to the Atherton city
council. The provisions of Chapter 17.06 of the Atherton Municipal Code shall apply to the appeal
process.
Chapter 15.40 CONSTRUCTION REGULATIONS
Paae7of8
B. At the time the appeal is filed or within two weeks thereafter, the appellant shall submit
documentary and other evidence sufficient to establish that design decisions, construction drawings
and documents, bids and construction contracts, permit applications, and compliance with all required
permit conditions were undertaken in a diligent and timely manner. Documentary evidence shall
include, but not be limited to, dated design contracts, date-stamped plans, dated construction
contracts and material orders, and proof of timely payment of any deposits or fees required pursuant
to any of the foregoing items. The documentary and other evidence shall demonstrate that
construction delays resulted from circumstances fully out of the applicant's control and despite
diligent and clearly documented efforts to achieve construction completion within the applicable time
limit. Penalties shall not be modified or cancelled unless all evidence required by this subsection is
submitted at the time of appeal. (Ord. 566 § 2 (part), 2006)
15.40.220 Enforcement.
.....................................................................................
A. Sections 15.40.160 through 15.40.220 shall apply to all construction for which a building permit
was issued on or after the effective date of the ordinance codified in Sections 15.40.160 through
15.40.220.
B. Any penalty due under Section 15.40.190 in excess of the deposit made under Section 1.5.40.200
shall be a personal debt owed to the town by the property owner(s) and, in addition to all other means
of enforcement and collection, shall become a lien against the said property and shall be subject to
the same penalties (including interest thereon at the maximum rate allowed by law from the date the
lien attaches until the date of payment) and the same procedure and sale in case of delinquency as
provided for ordinary municipal taxes. (Ord. 566 § 2 (part), 2006)
15.40.230 Violations.
.........._..........................................................................................................:..................................................................................................................................................
A. A violation of this chapter is a misdemeanor and shall be punished as provided. in Section
1.20.040. A civil action may be commenced to abate, enjoin, or otherwise compel the cessation of
violation of any provision in this chapter. In a civil action brought pursuant to this chapter in which the
town prevails, the court may award to the town all costs of investigation and preparation for trial, the
costs of trial, reasonable expenses including overhead and administrative costs incurred in
prosecuting the action, and reasonable attorney fees.
B. As part of a civil action brought by the town, a court may assess against any person who commits,
allows, or maintains a violation of any provision of this chapter a civil penalty in an amount not to
exceed five thousand dollars per violation. The civil penalty is separate and distinct from penalties
imposed pursuant to Sections 15.40.160 through 15.40.220.
C. Upon any guilty plea or judgment or conviction, in any criminal proceeding brought for the violation
of this chapter, where the defendant is entitled by law to probation, then the court may require the
payment to the town of the costs and expenses as described above and the code provision
incorporated by reference as one of the conditions of such probation.
D. The building official is authorized to order work stopped whenever work is being done contrary to
the provisions of this chapter. (Ord. 566 § 3, 2006; Ord. 535 § 4, 2002: Ord. 514 § 1 (part), 2000.
Formerly 15.40.160)
Permit BP
Issued date:
TIME LIMITS FOR
COMPLETION OF
CONSTRUCTION
Address:
Expires by time limit:
Town of Atherton
Building Department -
91 Ashfield Road
Atherton, California 94027
Phone: (650) 752-0560
Inspection requests:
(650) 752-0542
The Town of Atherton Municipal Code Sections 15.40.180 through 15.40.230 places time limits
on the length of construction projects.
This time limit cannot be extended by having inspection every 180 days which is required to
keep the permit active during the construction time period.
• Projects encompassing 2,000 square feet or less have 12 months* for completion**
• Projects encompassing 2,001 to 4,000 square feet have 24 months* for completion**.
• Projects encompassing more than 4,000 square feet have 36 months* for completion**.
* The project time limits begin when the permit is issued.
** Final inspection and approval of the construction work by
the Town shall mark the date of construction completion.
If a property owner fails to complete construction by the applicable time limit established, the
property owner shall be subject to penalties as outlined in Atherton Municipal Code Section
15.40.180 throuoh 15.40.230
Period of Time That Project Remains
Penalty
Incomplete Beyond Applicable Time Limit
First 30 days
-0-
31 st through 60th day
$200.00 per day (i.e., $6,000.00 maximum
penalty applicable to this 30 -day period)
61st through 120th day
$400.00 per day (i.e., $24,000.00 maximum
penalty applicable to this 60 -day period)
121st day and every day thereafter
$1,000.00 per day (to a maximum of
$250,000.00)
Print Name of Permit Holder.
Signature of Permit Holder:
Date
Permit holder is the licensed contractor or owner signing the building permit.
05/20/13 bah Page 1 of 1
ATTACHMENT 4
Belmont construction Time Limit Ordinance
Belmont Construction Time Limit Ordinance:
ORDNANCE NO. 1034
AN ORDNANCE OF THE CITY OF BELMONT ESTABLISHING TIME LIMITS FOR COMPLETION OF
CONSTRUCTION AND AMENDING CHAPTER 7 OF THE BELMONT MUNICIPAL CODE
WHEREAS, on January 8, 2008, February 12, 2008, and March 25, 2008 the City Council, following notification in
the prescribed manner, conducted public hearings, at which hearings the Council considered public testimony and a
staff report. on establishing Time Limits for Completion of Construction by amending Chapter 7 of the Belmont
Municipal. Code and;
WHEREAS, the City Council did hear and use their independent judgment and considered. all said reports,
recommendations and testimony herein above set. forth; and,
WHEREAS, the City Council hereby adopts the staff report (dated March 25, 2008) and the facts contained therein
as its own findings of fact: SECTION 1: NOW, THEREFORE BE IT ORDAINED by the City Council of the City
of Belmont that Chapter 7 of the Belmont Municipal Code be hereby amended to read as follows:
ARTICLE XIV. TME LL 11TS FOR COMPLETION OF CONSTRUCTION
See. 7-701. Purpose.
a) A continuous stream of new and ongoing construction projects within the City has resulted in adverse impacts on
its residents and businesses from the associated construction activities. These adverse effects include: noise, loss of
on -street parking, stress on neighbors, impact on roads and other infrastructure, and a disproportionate dem_ and on
staff time, which increases as the length of the project increases.
b) It is in the interest of the health, safety, and welfare of the citizens of Belmont 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/her
neighbors and the community, for the safe and peaceful enjoyment of their properties.
Sec. 7-702. Application
a) This article shall apply to all construction, including all additions, alterations, modifications, repairs, and
improvements, which requires a building permit.
b) The time limit for completion of any building permit issued after January 1,'2002 shall be extended from the
effective date of this ordinance pursuant to the time limits specified in Section 7-703 and Section 7-704.
Sec. 7-703 Time limits for construction completion required
As part of the building permit application, a reasonable valuation must be assigned to the project and approved by
the building official. Based on that valuation, a construction time limit, commencing on the date of issuance of the
building permit, shall be established in accordance with the table below.
Table of Time Limits
Estimated Value of Construction
Construction Time Limit(months)*
$0 to $50,000
9 months
$50,001 to $100,000
12 months
$100,001 to $500,000
18 months
Greater than $500,000
24 months
* For landscanina work required by the Planning CommiSsinn_ the nnnlirant shall lava nn ni-Mitinnal QO r1nvc nfr'Pr
Belmont construction Time Limit Ordinance
Page 2 of 3
the date of final inspection approval of the building permit by the Building Division for the main construction
project.
Sec. 7-704 Extension
a) In the event a project has not passed a final inspection in the allotted time period pursuant to Section 7-703, the
applicant shall be entitled to a six-month extension to complete the work. The request for an extension must be
made in writing 30 days prior to the expiration of the building permit. The extension shall be granted only if the
applicant pays a fee in the amount of one -thousand dollars ($1,000.00), and only if an inspection by the Building
Division prior to the expiration of the original permit reveals no violations of any fire/health and safety codes at the
project site.
b) In the event a project has not passed a final inspection at the expiration of the initial six month extension, the
applicant shall be entitled to no more than three additional 60 day extensions. Each extension is subject to payment
of the associated fees, which are based on the table below. Each extension is subject to an inspection by the
Building Division, prior to the expiration of the previous extension, to verify there are no violations of fire/health
and safety codes at the project site. A request for an extension must be made in writing 30 days prior to the
expiration of the building permit.
Extension Fees
Fees for Additional Extensions Extensions Fee
1st 60 day extension $1,000.00
2nd 60 day extension $1,500.00
3rd 60 day extension $2,000.00
Sec. 7-705 Construction completion
For the purpose of this article, construction shall be deemed complete upon the final performance of all constructioi
work, including, but not necessarily limited to, exterior repairs and remodeling, .total compliance with all condition:
of application approval, 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 City shall mark the date of construction completion.
Deadlines for the completions of landscaping are set forth in the Table of Time Limits.
Section 7-706 Severability
It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and
phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be
declared unconstitutional, invalid or unenforceable by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality, invalidity or unenforceability shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this Code.
Section 7-707 Effective Date
This Ordinance shall take effect and be in force thirty (30) calendar days after the date of its passage.
Section 7-708 CEQA Exempt
This ordinance is categorically exempt from the provisions of Chapter 3 (commencing with Section 21100 of
Division 13 of the Public Resources Code (California Environmental Quality Act (CEQA)) pursuant to the State
CEQA Guidelines Section 15305, minor alterations and land use limitations of the CEQA Guidelines as an action
A moi__ __._a.._...-,_.. -..,.+......+.-.« „«1...«,.,...«„«+ «....+e..+:..« -'+1— 0«<,,, -termor,+ <:rhory +1,o r M11ntnrcl
Belmont construction Time Limit Ordinance
Page 3 of
process involves procedures for protection of the environment. The City Council further finds that adoption of this
ordinance does not require review under the California Environmental Quality Act (CEQA) because it is not a
project (CEQA Guidelines section 15378), and there is no possibility that the ordinance may have a significant
effect on the environment (CEQA Guidelines section 15061.b).
Section 7-709 Public Nuisance
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 by law.
SECTION 2:
The City Clerk shall cause this Ordinance to be published and posted in accordance with the requirements of
Section 36933 of the Government Code of the State of California.
INTRODUCED this 25th day of March, 2008.
PASSED AND ADOPTED as an Ordinance of the City of Belmont at a regular meeting thereof held on the 8th dad
of April, 2008.
AYES, COUNCILMEMBERS: Braunstein, Dickenson, Feierbach, Wozniak, Lieberman
NOES, COUNCILMEMBERS: None
ABSTAIN, COUNCILMEMBERS: None
ABSENT, COUNCILMEMBERS: None
RECUSED, COUNCILMEMBERS: None
/s/ Warren Lieberman
MAYOR of the City of Belmont
ATTEST:
/s/ Terri Cook
CLERK of the City of Belmont
ATTACHMENT 5
radius of the subject property shall be given twenty days' advance notice of the time, date
and place of any public hearing by the Planning Commission during which the applicant's
application will be considered. (Ord. 2013-2 § 24 (part), 2013; Ord. 2008-4 § 7, 2008;
Ord. 90-5 § 2 (part), 1990; Ord. 80-1 § 41, 1980; Ord. 75-1 § 6 (part), 1975; prior code §
25-5; Ord. 181 NS § 1 (part), 1972.)
20.04.035 Time limits for construction. A. Purposes.. The City Council finds
that:
1. A continuous stream of large numbers of construction projects on
private properties within the City for many years past has resulted in substantial and
continuing adverse impacts on the City and its residents from construction activities;
2. Among those adverse impacts are long-term noise disturbances to
neighbors of the construction projects, loss of already inadequate on -street parking due to
the presence of large numbers of construction vehicles, and frequent closures of the
City's narrow streets for construction deliveries and staging, which closures hinder and/or
eliminate local and emergency access for varying periods of time;
3. The City 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;
4. It is in the interests of the health, safety, and welfare of the citizens
of Belvedere 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 generally in the safe and peaceful enjoyment of their properties;
5. The time limits adopted in this Section allow an adequate and
reasonable amount of time for the kinds of construction projects undertaken in the City;
and
6. Because of the large monetary value of many of the construction
projects in the City, 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.
B. Construction Time Limit Required. As part of any application for design
review, the applicant shall file a reasonable estimate of the cost of the proposed
construction, and based thereon, a construction time limit shall be established for the
project in accordance with the guidelines set forth in Subsection C of this Section.
Compliance with such time limit shall become a condition of design review approval.
The time for completion of the construction shall also be indicated on the building
permit. For projects exceeding $500,000 in project valuation, a detailed PERT or
GANTT chart, including detailed information on the critical path of the project, shall be
required prior to the issuance of any building permit. Once approved, the property owner
shall provide the City with written monthly job progress reports consistent with the
approved PERT or GANTT chart.
C. Time Limit Guidelines.
1. Table. Except where a longer time period is approved pursuant to
Subsection D of this Section, the maximum time for completion of approved alterations,
additions, modifications, repairs, or new construction, following issuance of the building
permit, shall not exceed the following:
Table: Construction Time Limits Based Upon
Demonstrable Estimated Project Value
Estimated Value of Project $)
Construction Time Limit (months)
$0 to $100,000
6 months
$100,001 to $500,000
12 months
Greater than $500,000
18 months
2. Time Limit for Landscaping. To complete landscaping work
approved as part of a larger construction project, the applicant may have an additional 90
days after the date of final inspection approval of the building permit for the main
construction project. To receive the additional 90 days, the applicant must file an
application for it and make a deposit against the timely completion of the landscaping
work, prior to the issuance of a building permit for the main construction project. The
amount of the deposit shall be determined by the Building Official in consultation with
the City Planner.
D. Extension of Construction Time Limit.
1. For projects which have received an 18 month construction time
limit, provided that no construction activity has yet commenced on the project, the
applicant may apply for an extension of the established construction time limit, not to
exceed an additional six months.
2. An application for an extension of the construction time limit shall
be accompanied by complete working drawings for the construction, a written
explanation of the reasons for the requested extension, and a fee, as established by City
Council resolution.
3. Within 10 working days of receipt of a complete application for
extension, said application shall be reviewed by an extension committee consisting of the
City's Building Official, the City Planner, and the Public Works Manager, meeting
together with the project contractor,, architect, and, at. the. applicant"s option, the applicant
and/or any other representatives of the applicant. The extension committee may
recommend to the Planning Commission, and the Planning Commission may approve, an
extension if it is. determined that any one or more of the following factors presents an
unusual obstacle to complying with the standard construction time limit:
a. Site topography;
b. Site access;
C. Geologic issues;
d. Neighborhood considerations;
e. Other unusual factors.
At the completion of such review, the committee shall make a written recommendation to
the Planning Commission whether or not to approve the requested extension and setting
forth the findings it has made justifying its decision.
4. The extension committee's recommendation shall be placed on the
next available Planning Commission agenda and noticed as an amendment to the
applicant's existing design review approval. Any modification by the Planning
Commission of the original construction time limit shall not extend the existing
expiration date of the design review approval. The decision of the Planning Commission
to grant or deny the requested extension may be appealed in writing to the City Council.
5. For projects which have not received an 18 month construction
time limit, the extension committee shall have the authority to administratively approve
requests for extension, subject solely to the guidelines in Subsection D3, and increased
project valuation, provided however that such extensions do not result in a construction
time line exceeding 18 months.
6. When landscaping work, which was approved as part of a larger
construction project, is delayed because of inclement weather, the applicant may file with
the City Manager for an extension to complete the landscaping work. The request must
be filed prior to, and may not exceed 30 days beyond, the final building inspection
approval, issuance of an occupancy permit, or expiration of the 90 -day landscaping time
limit granted per Subsection C2 above, whichever occurs later. The City Manager shall
grant said extension only if; in his or her opinion, such extension is warranted because of
delays caused by inclement weather.
E. Effect of Failure to Comply With Timeline.
1. Upon failure of the applicant to complete construction by the
established time limit, the Building Official shall issue a compliance order setting a date
30 days from the date of such order within which time the applicant shall be required to
complete the construction, and advising the applicant that the following penalties shall be
imposed if the applicant fails to comply with said order:
a. For the initial 60 days that the project remains incomplete
beyond the compliance order deadline: a penalty of $400 per day;
b. For the next 60 days (i.e., the 61 st through the 120th day)
beyond the compliance order deadline during which the project remains incomplete: an
additional penalty of $600 per day; and
C. For any additional days (i.e., the 121st and subsequent
days) beyond the compliance order deadline during which the project remains
incomplete: an additional penalty of $800 per day, up to an overall maximum penalty of
the lesser of 10% of the project valuation or $200,000. If necessary, the City may require
that the project valuation be determined by an independent third party selected by the
City at the cost of the property owner.
2. New construction shall be deemed completed for purposes of this
Section upon the issuance by the City of a certificate of occupancy, per City Policy No.
302.06. A remodel shall be deemed completed for purposes of this Section per City
Policy No. 302.06.
3. The applicant shall be notified in writing of the amount of any
penalty imposed pursuant to this Section. Notice shall be served as provided in Section
1. 14.040 of this Code. Service shall be deemed complete upon mailing or posting as
required in that Section. Penalties imposed pursuant to this Section shall be paid within
60 calendar days of the date of the notice of penalty.
4. A penalty imposed pursuant to this Section may be appealed by an
appeal filed in writing with the Deputy City Clerk no later than 10 calendar days from the
date of service of the notice of the penalty, with payment of an appeal fee as established
by City Council resolution. Upon receipt of an appeal of the penalty pursuant to this
Section, the appeal shall be reviewed by an appeals committee consisting of the City's
Building Official, City Planner, Public Works Manager, and City Manager. The appeals
committee shall conduct a meeting with the project contractor, architect and, at the
applicant's option, the applicant and/or any other designated representative(s). The
appeals committee may consider any evidence provided by the applicant in determination
of the appeal, and shall consider, based on the evidence presented, whether the applicant
was unable to comply with the construction time limit for reasons beyond the control of
the applicant and/or his or her representatives. For purposes of this Section, reasons
beyond the control of the applicant and/or his or her representatives shall include, but not
be limited to: administrative appeals of the project filed by third parties; delays required
by the unforeseen discovery of archeological remains on the building site; labor
stoppages; acts of war or terrorism; and natural disasters. For the purposes of this Section,
reasons beyond the control of the applicant and/or his or her representatives shall not
include: delays caused by the winter rainy season; failure of the applicant and/or his or
her representatives to adequately protect the job site from damage due to the normal
winter rainy season; failure of subcontractors to complete their work according to
schedule; the use of custom and/or -imported materials; the use of highly specialized
subcontractors; significant, numerous, and/or late design changes; or by failure of
materials suppliers to provide said materials in a timely manner.
5. Table No. 2. The appeals committee may grant a credit of a
certain number of construction time limit days for projects which have incurred a penalty
but have employed dismantling techniques, as approved in the project wastemanagement
plan, in the deconstruction of a building. The number of credit days shall not exceed the
following:
Table No. 2: Allowable Credit Days for Dismantling Purposes Regarding
Construction and Demolition Debris Diversion
Dismantling
Category
Description of Dismantling Categories
Credit Days
Category I
Removal of interior.features,.including _
cabinets, plumbing and electrical fixtures
2 Days
Category II
Buildings of 1000 — 2500 sq. ft.
5 Days
Category III
I Buildings of 2501 — 4000 sq. ft.
10 Days
Category IV
I Buildings of 4001 sq. ft. and greater
15 Days
6. The appeals committee shall make a written recommendation to
the City Council whether the applicant's appeal should be granted or denied. The City
Council shall thereafter hold a public hearing on the appeal and shall affirm or modify the
penalty.
7. Any penalty finally imposed pursuant to this Section shall
constitute a lien on the applicant's property, to be imposed, recorded and satisfied as
provided in Sections 1. 14.160 through 1. 14.190 of this Code.
F. This Section shall be known and cited as the "Construction Time Limit
Ordinance of the City of Belvedere." (Ord. 2013-2 § 24 (part), 2013; Ord. 2010-4 § 1,
2010; Ord. 2009-2 § 1, 2009; Ord. 2006-10 § 1, 2006; Ord. 2006-4 § 3, 2006; Ord. 2002-
2 §§ 2, 3, 2002; Ord. 2002-1 § 2, 2002; Ord. 99-1 § 2, 1999.)
ATTACHMENT 6
'PaLos f --L-m
ORDINANCE NO.
Ordinance of the Council of the City of .Palo Alto Amending Section.
16.04.090 of the Palo Alto Municipal Code. to_Adopt Local Amendments
to the California Building Code, Adopting Chapter 16.61 to Impose
Penalties for Abandoned Construction, and Related Findings
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as
follows:
Amendment of Section 105.5 of the California Building Code is justified on the basis
of a local geological condition. The City of Palo Alto is subject to earthquake hazard caused by
its proximity to San Andreas fault. This fault runs from Hoilister, through the Santa Cruz
Mountains, epicenter of the 1989 Loma Prieta earthquake, then on up the San Francisco
Peninsula, then offshore at Daly City near Mussel Rock. This is the approximate location of the
epicenter of the 1906 San Francisco earthquake. The other fault is Hayward Fault. This fault is..
about 74 mi long, situated mainly along the western base of the hills on the east side of San
Francisco 'Bay. Both of these faults are considered major. Northern. California earthquake faults
which may experience rupture at any time. Thus, because the City is within a seismic area which
includes these earthquake faults, the modifications and changes cited herein are designed to
better limit property damage and risk to public safety as a result of seismic activity by
encouraging prompt completion of construction.
SECTION 2. Section 16.04.090 of the Palo Alto Municipal Code is amended to .
read as follows:
16.04.090 Section 105.5 Expiration
Section 105.5 of Division II of the California Building Code is amended to read:
105.5 Expiration. Every permit issued shall become invalid unless the work on the
site authorized by such permit is commenced within 180 days after its issuance or if the work
authorized on the site by such permit is suspended or abandoned for a period of 180 days after
the time the work is commenced. For the purpose of this section, failure to progress a project
to the next level of required inspection shall be deemed to be suspension of the work.
The chief building official is authorized to grant, in writing, up to three extensions of
unexpired permits for periods not more than 180 days each and may require: 1) that the
construction documents be revised to comply with current codes; and 2) payment of all current
and applicable fees. Extensions shall be requested in writing and justifiable cause
demonstrated. Additional extensions beyond three may only be granted with the approval of
the City Council.
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The chief building official is authorized to grant, in writing, one or more renewals of
the expired permits and may require: 1) that the construction documents be revised to partially
or fully comply with current codes; 2) payment of a fee; and 3) payment of a penalty pursuant
to Chapter 16.61 of the Palo Alto Municipal Code, as it may be amended from time to time.
SECTION 3. Chapter 16.61 (Expired Permits for Residential Construction and
Demolition) of the Palo Alto Municipal Code is adopted to read as follows:
16.61.010 Application
This chapter shall apply to all residential construction and demolition, including, but
not limited to, all additions, alterations, modifications, repairs, and improvements, that require
a building permit or demolition permit.
16.61.020 Timely Renewal of Expired Permits
In the event a permit expires under section 16.04.090 for suspension or
abandonment of work, the property owner shall seek renewal of the permit within thirty (30)
days following its expiration.
16.61.030 Penalty for Expired Permits
(a) A property owner shall be subject to the following penalties for violation of section
16.61.020:
Time from permit expiration
Penalty
0 to 30 days
$0
31st day through 60th day
$200.00 per day (i.e., $6,000.00 maximum
penalty applicable to this 30 -day period)
61st day through 120th day
$400.00 per day (i.e., $24,000.00 maximum
penalty applicable to this 60 -day period)
121st day and every day thereafter
$800.00 per day
(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 chief building official 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 and
reduction or waiver of more than $10,000 must be approved by the City Council.
16.61.040 Appeal of Assessed Penalty
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A property owner may request a hearing to contest a citation issued under this
chapter in accordance with Chapter 1.12.
16.61.050 Construction of Fence
In the event a permit remains expired for more than thirty (30) days, the chief
building official may require the construction of a wood fence at least six (6) feet tall, if
necessary to secure the property from unauthorized entry and to minimize the aesthetic
impacts of the construction visible from the public right of way. Such fence shall comply with
the requirements of Chapter 16.24.
16.61.060 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 in Chapter 9.56
of the Palo Alto Municipal Code.
SECTION 4. If any section, subsection, clause or phrase of this Ordinance is for
any reason held to be invalid, such decision shall not affect the validity of the remaining portion
or sections of the Ordinance. The Council hereby declares that it should have adopted the
Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases be declared
invalid.
SECTION 5. The Council finds that this project is exempt from the provisions
of the California Environmental Quality Act ("CEQA"), pursuant to Section 15061 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.
SECTION 6. This ordinance shall be effective on the thirty-first day after the
date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
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ATTEST:
City Clerk
Mayor
APPROVED AS TO FORM: APPROVED:
Deputy City Attorney
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City Manager
Director of
Director of Administrative
Services
* Prior ordinance history: Ord. 469, 1989; 482, 548 and 579.
15.50.010 Short title. This chapter shall be known as the "Construction Completion
Chapter." (Ord. 579 § 1(part), 2003).
15.50.020 Purpose. It is the intent of this chapter to:
(a) Implement the goals and purposes of the town of Ross general plan by
maintaining the town's high quality and fragile natural environment and the existing small town
qualities and feeling of the community.
(b) Assure the safety of construction practices, structures, and other improvements,
through encouragement of completion inspections on all construction requiring building permits.
(c) Set and enforce reasonable time limits for the completion of all construction
requiring building'permits.
(d) To provide a mechanism to require property owners seeking to improve their
properties to complete said construction in a reasonable amount of time as provided in the code.
The goal is to ensure neighbors and neighborhoods quality of life is maintained and activities
associated with construction such as increased noise, traffic and associated impacts are managed
in a way to ensure construction is completed in a timely way. (Ord. 643 (part), 2013; Ord. 579
§ 1(part), 2003)_
15.50.030 Application. This chapter shall apply to all construction, including all
additions, alterations, modifications, repairs, and improvements, which requires a building
permit; hereafter referred to as "applicable work." Compliance with the provisions of this
chapter shall be made a condition of any approvals or permits granted under Title 18 of the Code.
The obligations imposed by this chapter to timely complete construction and pay all penalties for
construction not timely completed shall run with the land and apply not only to the original
building permit property owner applicant but to all subsequent owners of the subject property
until allobligations imposed by this chapter are fully satisfied. (Ord. 643 (part), 2013; Ord. 601
(part) 2007; Ord. 579 §1(part), 2003).
ATTACHMENT 7
ROSS
Chapter 15.50
TIME LLti1ITS FOR COMPLETION OF CONSTRUCTION*
Sections:
15.50.010
Short title.
15.50.020
Purpose.
15.50.030
Application.
15.50.040
Construction completion.
15.50.050
Time limits for construction completion.
15.50.060
Other time limits.
15.50.070
Effect of failure to comply with time limits for construction completion.
15.50.080
Construction completion deposit.
15.50.090
Appeal of penalties.
15.50.100
Administration and enforcement.
* Prior ordinance history: Ord. 469, 1989; 482, 548 and 579.
15.50.010 Short title. This chapter shall be known as the "Construction Completion
Chapter." (Ord. 579 § 1(part), 2003).
15.50.020 Purpose. It is the intent of this chapter to:
(a) Implement the goals and purposes of the town of Ross general plan by
maintaining the town's high quality and fragile natural environment and the existing small town
qualities and feeling of the community.
(b) Assure the safety of construction practices, structures, and other improvements,
through encouragement of completion inspections on all construction requiring building permits.
(c) Set and enforce reasonable time limits for the completion of all construction
requiring building'permits.
(d) To provide a mechanism to require property owners seeking to improve their
properties to complete said construction in a reasonable amount of time as provided in the code.
The goal is to ensure neighbors and neighborhoods quality of life is maintained and activities
associated with construction such as increased noise, traffic and associated impacts are managed
in a way to ensure construction is completed in a timely way. (Ord. 643 (part), 2013; Ord. 579
§ 1(part), 2003)_
15.50.030 Application. This chapter shall apply to all construction, including all
additions, alterations, modifications, repairs, and improvements, which requires a building
permit; hereafter referred to as "applicable work." Compliance with the provisions of this
chapter shall be made a condition of any approvals or permits granted under Title 18 of the Code.
The obligations imposed by this chapter to timely complete construction and pay all penalties for
construction not timely completed shall run with the land and apply not only to the original
building permit property owner applicant but to all subsequent owners of the subject property
until allobligations imposed by this chapter are fully satisfied. (Ord. 643 (part), 2013; Ord. 601
(part) 2007; Ord. 579 §1(part), 2003).
15.50.040 Construction completion. For the purposes of this chapter, construction shall
be deemed complete upon the satisfactory performance of all construction work, including but
limited to compliance with all conditions of application approval and the clearing and cleaning of
all construction -related materials and debris from the site, and the final inspection and written
approval of the applicable work by Town Building, Planning and Ross Valley Fire Department
staff. (Ord. 643 (part), 2013; Ord. 601 (part) 2007; Ord. 579 §1 (part), 2003).
15.50.050 Time limits for construction completion. The maximum time for completion
of construction shall not exceed the following:
(a) For new construction, the estimated value of which, as determined by the town
building official, is less than or equal to five hundred thousand dollars, the maximum time shall
be fifteen months from the issuance of a building permit.
(b) For new construction, the estimated value of which, as determined by the town
building official, is greater than five hundred thousand dollars, the maximum time shall be
eighteen months from the issuance of a building permit. -
(c) For additions, alterations, modifications, repairs, and improvements, the estimated
value of which, as determined by the town building official, is less than or equal to fifty thousand
dollars, the maximum time shall be nine months from the issuance of a building permit.
(d) For additions, alterations, modifications, repairs, and improvements, the estimated
value of which, as determined by the town building official, is greater than fifty thousand dollars
and less than or equal to two hundred thousand dollars, the maximum time shall be twelve
months from the issuance of a building permit.
(e) For additions, alterations, modifications, repairs, and improvements, the estimated
value of which, as determined by the town building official, is greater than two hundred thousand
dollars and less than or equal to five hundred thousand dollars, the maximum time shall be
fifteen months from the issuance of a building permit.
(f) For additions, alterations, modifications, repairs, and improvements, the estimated
value of which, as determined by the town building official, is greater than five hundred
thousand dollars, the maximum time shall be eighteen months from the issuance of a building .
permit. (Ord. 579 §1(part), 2003).
15.50.060 Other time limits. No building permit shall be issued within nine months of
final inspection or expiration of an antecedent building permit unless the building official
determines that the earlier issuance of a building permit will not harm or adversely affect the
surrounding neighborhood. In making this determination, the building official shall consider
traffic, noise and other environmental impacts on the neighborhood from waiving the nine month
waiting period and the visual, drainage, safety and other environmental impacts of any
uncompleted construction. (Ord. 643 (part), 2013; Ord. 579 § 1(part), 2003).
15 50.070 Effect of failure to comply with time limits for construction completion.
(a) Upon failure of a property owner to complete construction by those time limits
established in this chapter, the following penalties shall apply:
(1) For the first thirty days that the project remains incomplete the town shall not
impose a penalty.
(2) For the thirty-first through sixtieth days that the project remains incomplete,
the town shall impose a penalty of two hundred fifty dollars ($250) per day.
(3) For the sixty-first through the one hundred twentieth days that the project
remains incomplete, the town shall impose a penalty of five hundred dollars ($500) per day.
(4) For the one hundred twenty-first day, and any additional days thereafter that
the project remains incomplete, the town shall impose a penalty of two thousand dollars ($2,000)
per day.
(b) Penalties, fees, and costs due to the town pursuant to this chapter shall accrue for
each day the project exceeds the construction completion deadline.
(c) Upon failure of a property owner to complete construction by the time limits
established by this chapter, the building official may suspend the building permit and stop work
at the site for such construction and require the submission of an additional construction
completion deposit in excess of the amount provided by Section 15.50.080 to ensure that all
penalties related to the late construction are fully paid to the town. The amount of the additional
deposit shall be computed by the building official's estimate of the amount of time that will be
required to complete the construction and the amount of the penalties that will accrue during this
time period. The building official may impose additional conditions on the building permit to
mitigate any adverse impacts on the surrounding area due to the continued construction. Upon
the submission of the additional deposit by the property owner, the building official shall declare
the suspension of the building permit terminated and the property owner may recommence work
under the permit in accordance with its terms.
(d) The building official may declare construction abandoned after the building
permit expires and construction activities on the subject property cease for a period of more than
90 days. At that time, the building official may impose conditions requiring remedial measures
to be implemented by the property owner that clean-up the site, remove any hazardous or
unsightly conditions, and restore the property and all improvements on the property to an
attractive condition. After making an abandonment declaration, the building official shall send
written notice to the property owner that abandonment has been declared. This notice also shall
state the penalties incurred to the date of the notice. Penalties will continue to accrue when
construction has been abandoned until all remedial measures required by the building official
have been completed to the satisfaction of the building official.
(e) It is declared that any violation of the provisions of this chapter shall, in addition
to any other remedy, constitute a public nuisance, and such nuisance may be abated as provided
bylaw. (Ord. 643 (part), 2013; Ord. 579 § 1(part), 2003).
15.50.080 Construction completion deposit. (a) Before a building permit may be
issued, the property owner shall deliver to the building department a refundable deposit based on
the estimated value of the work as determined by the Town Building Official. The deposit shall
be as follows: 1) for projects with an estimated value of less than $50,000, the deposit shall be
one thousand dollars ($1,000); 2) for projects with an estimated value between $50,000 and
$500,000, the deposit shall be 3% of the estimated value; and for projects with an estimated
value above $500,000, the deposit shall be 4% of the estimated value.
(b) When construction is completed within the time limits provided herein, the
construction completion deposit shall be refunded to the property owner.
(c) Upon failure of a property owner to complete construction by the time limits
established in this chapter, the deposit shall be incrementally forfeited to the town for the period
of time that construction was not timely completed. The Town Manager may waive the
imposition of penalties if he or she determines that all construction activities were timely
completed but the final inspections by town staff were delayed for reasons not due to the fault of
the property owner. (Ord. 643 (part), 2013; Ord. 601 (part) 2007; Ord. 579 § 1(part), 2003).
15.50.090 Appeal of penalties. (a) A penalty imposed pursuant to this section may be
appealed to the town council on the grounds that the property owners were unable to comply
with the construction time limit for reasons beyond the control of themselves and their represen-
tatives.
(1) For purposes of this section, the grounds for appeal shall include, but not be
limited to: labor stoppages; acts of war or terrorism; natural disasters, presence of endangered
species and unforeseen discovery of archaeological remains on the building site.
(2) For purposes of this section, the grounds for appeal shall not include: delays
caused by the winter -rainy season; the use of custom and/or imported materials; the use of highly
specialized subcontractors; significant, numerous, or late design changes; access difficulties
associated with the site; failure of materials suppliers to provide such materials in a timely
manner; or delays associated with project financing.
(b) An appeal of penalties made pursuant to this section shall be filed in writing with
the town clerk within ten calendar days from the date of construction completion, the date that a
notice of abandonment is sent to the property owner pursuant to Section 15.50.070(c), or the date
that the building official determines that the required remedial measures have been completed
satisfactorily with payment of an appeal fee as established by town council resolution. The town
council will hold a hearing on the appeal -and shall affirm, modify, or cancel the penalty.
(c) When appealing penalties assessed pursuant to this chapter, the appellant shall
submit documentary and other evidence sufficient to establish that design decisions, construction
drawings and documents, bids and construction contracts, permit applications, and compliance
with all required permit conditions were undertaken in a diligent and timely manner. Required
documentary and other evidence shall demonstrate to the town council's satisfaction that
construction delays resulted from circumstances fully out of his or her control and despite
diligent and clearly documented efforts to achieve construction completion within those time
limits established in this chapter. Penalties made pursuant to this section shall not be modified or
cancelled unless the evidence required in this section is submitted at the time of appeal. (Ord.
643 (part), 2013; Ord. 579 §I(part), 2003).
15.50.100 Administration and enforcement. (a) The full amount of construction
completion penalties due the town under Section 15.50.070 shall be due immediately upon the
completion of the construction project or the required remedial measures when abandonment has
been declared and the Town's subsequent determination of the penalty amount. The Town shall
notify the property owner by mail of the number of days the project remained unfinished beyond
the time limit for completion of construction established by Section 15.50.050 and the resulting
penalty amount owed the Town. Any penalty amount in excess of the construction completion
deposit shall be paid within 30 days of the date of mailing the letter by first class mail to the
property owner. Any penalty amount not paid within 30 days shall be subject to an additional
10% (ten percent) penalty on the unpaid balance remaining after this 30 period and monthly
interest shall accrue on the unpaid balance and penalty amount after 30 days at an annual rate of
12% (twelve percent).
(b) Any amount in excess of the sum deposited with the town as a construction
completion deposit and due to the town by property owner(s) as a result of violation -of the
provisions of this chapter, including all penalties and interest as provided in subsection (b)
above, is not only a personal debt owed to the town by the owner(s) of the subject property but
also an obligation that runs with the land and all subsequent owners of the property pursuant to
Section 15.50.030. In addition to all other means of enforcement and collection, any unpaid
penalties and interest may be collected through the placement of a lien against the subject real
property in the manner provided by law for the collection of costs related to the abatement of a
nuisance.
(c) The provisions of this chapter shall not be the exclusive remedy for addressing
delayed completion of construction. In addition to the remedies provided by this chapter, the
Town may pursue any other actions and remedies provided by law including but not limited to
nuisance abatement proceedings. (Ord. 643 (part), 2013; Ord. 601 (part) 2007; Ord. 579
§1(part), 2003).
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Title 11 BUILDINGS,'CONSTRUCTION AND FIRE PROTECTION
Chapter 11.34 TIME LIMITS FOR COMPLETION OF CONSTRUC 1ON
11.34.010 Application.
ATTACHMENT S
Print No F: arnes
This chapter shall apply to all construction, including, but not limited to, all additions, alterations, modifications,
repairs, and improvements, that require a building permit. (Ord. 1729 § 2, 2007)
11.34.020 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, 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 city shall mark the date of construction completion
for purposes of this chapter only. (Ord. 1729 § 2, 2007)
11.34.030 Construction completion time limits.
Estimated, value as determined by the Time limit from
chief building official building permit
issuance
Not over $50,000.00 6 months
$50,001.00 — $500,000.00
12 months
$500,001.00 — $1,000,000.00
18 months
$1,000,001.00 — $3,000,000.00
24 months
$3,000,001.00 and over
36 months
A. Time limits will not be increased by issuance of subsequent building permits for the same project except
as provided in Section 11.34.030(B).
B. Taking into consideration the size and complexity of the project or for other good cause, the chief building
official may set the construction time limit up to sic months longer than the time limit established by this section or
grant one six-month extension prior to a permit expiring.
C. If the property owner feels aggrieved by the determination of the chief building official regarding the
applicable time limit or by the denial of an additional six-month extension, the property owner may appeal to the
community development director within ten days of the chief building official's decision. 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 community development 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. (Ord. 1729 § 2, 2007)
11.34.040 Penalty for failure to comply/ with time limits for construction completion.
A. If a property owner fails to complete construction by the applicable time limit set forth in this chapter, 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:
Applicable Time Limit
First 30 days
31 st day through 60th day
61 st through 120th day
applicable to this 60 -day
period
121st day and every day
thereafter
Penalty Fine
-0-
$200.00 per day up to
$6,000.00 maximum
$400.00 per day up to
$24,000.00 maximum
$1,000.00 a day per day to
a maximum of $250,000.00
B. Penalties, fees and costs due to the city pursuant to this chapter are due each -day as the penalties
accrue.
C. Every building permit issued by the city under the provisions of the building code shall expire and
automatically become null and void upon reaching the construction time limit pursuant to Section 11.34.030. (Ord.
1729 § 2, 2007)
31.34.050 Construction completion deposit.
Upon reaching the construction time limit set pursuant to Section 11.34.030, if a final certificate of occupancy
has not been issued, the property owner or his or her representative shall deliver to the building department a
refundable construction completion deposit (in cash or in the form of a payment penalty bond) in the amount of
two percent of the estimated value of the work that remains to be completed as determined by the chief building
official, but in no event less than five hundred dollars or more than two hundred fifty thousand dollars, and if a
payment penalty bond, in a form and content satisfactory to the city and which shall cover a minimum time period
of two years. (Ord. 1729 § 2, 2007)
11.34.080 Construction completion and effect of failure to complete construction within time limits.
A. In order to recommence work on the same project, prior to or upon expiration of the time limit set forth in
this chapter, the property owner shall obtain a building permit requiring compliance with all current codes and
make payment of all fees in order to recommence work. Payment of fees includes a building permit fee as set
forth in this section, payment of applicable penalties then due, and a construction completion deposit as set forth in
Section 11.34.050.
B. The building permit fee to recommence construction on the same project shall be one half the building
permit fee in effect at the time the permit is sought, provided the property owner renews the permit within six
months of expiration and there are no substantial changes to the plans or substantial changes to the building code
prior to renewal. The building permit fee shall be the full building permit fee in effect at the time the permit is
sought when: (1) the property owner seeks to renew the permit fee more than six months after expiration, (2) the
property owner has made substantial changes to the plans, or (3) there have been substantial changes to the
building code since obtaining the original permit. The building permit for recommencement of the same project
shall be null and void in six months.
C. The issuance of a second or subsequent building permit on the same project is necessary to provide for
the city's inspection of the construction project and cost recovery, but does not alter or extend the construction
time limits set forth in this chapter, except that the penalties for failing to complete construction within the time
limits may be waived under the following circumstances: (1) the city's acceptance of the property owner's
statement that its failure to meet the construction deadline was caused by circumstances beyond the property
owner's control as set forth in Section 11.34.090(B); or (2) the property owner enters into a voluntary compliance
plan as set forth in Section 11.34.110. (Ord. 1729 § 2, 2007)
11.34.090 Failure to conTlete construction due to circumstances beyond the property owner's control.
A. If the property owner believes that the failure to meet the construction time limit was caused by
circumstances beyond the property owner's control as set forth in Section 11.34.100(B), the property owner may
file a written statement to that effect with the chief building official on or before the construction deadline and
provide documentation substantiating the statement and the effect on the construction.
B. If the property owner files a written statement pursuant to this section, no part of the construction
completion deposit shall be forfeited to the city if construction is completed within six months. If construction is
thus completed and the chief building official concurs with the property owner's statement as to the cause of the
failure to meet the deadline, the chief building official shall waive the penalty and return the construction
completion deposit to the property owner minus an administrative fee which shall be set by the city council by
resolution from time to time.
C. If the chief building official does not concur with the property owner's statement, the property owner
may appeal under. Section 11.34. 100 and all provisions of that section shall apply.
D. If construction is completed after the applicable time limit and the chief building official does not concur
with the property owner's statement, the city shall draw on the construction completion deposit in the amount of
the applicable penalties and the applicable building permit fee; provided, however, that in the event of an appeal,
the city shall not draw on the construction completion deposit until the planning commission has rendered its
decision and, if appealed therefrom, the city council has rendered its decision. (Ord. 1729 § 2, 2007)
11.34.100 Appeal of penalties.
A. A penalty imposed pursuant to this chapter for failure to complete construction within the time limits set
forth in this chapter, other than through a compliance plan, may be appealed to the planning commission on the
grounds that the property owner was unable to comply with the applicable time limit for reasons beyond the control
of the property owner. There shall be no right to appeal until construction is completed. An appeal shall be filed
within thirty days from date construction is complete.
B. The grounds for appeal shall be that the property owner was unable to comply with the applicable time
limit due to circumstances beyond the property owner's control that could not have been reasonably anticipated for
a construction project, and shall not include delays caused by the winter rainy season, the issuance of stop work
order, the use of custom or imported materials, significant, numerous, or late design changes, supplier problems, or
project financing problems or delays.
C. 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 community development 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 sixty days after the filing of the appeal.
D. Within two weeks of filing an appeal, the appellant shall submit documentary evidence to establish that
compliance with the required permit conditions were undertaken in a diligent and timely manner and to establish
that construction was not completed within the relevant time period due to circumstances beyond the property
owner's control as set forth in this section.
E. Theplanning commission shall affirm, modify, or cancel the penalty based on the evidence submitted.
F. Any person aggrieved by the decision of the planning commission may appeal to the city council and the
provisions of Chapter 12.140 shall apply to the appeal process. Notice to persons other than appellant shall not be
required for an appeal to the planning commission or to the city council. (Ord. 1729 § 2, 2007)
11.34.110 Voluntary compliance pian._
A. Any property owner whose building permit has expired for any reason may avoid paying the penalty fees
as follows. Within ninety days of the expiration of a permit, the property owner renews the building permit as set
forth in Section 11.34.080, provides a construction completion deposit as set forth in Section 11.34.050 and
property owner enters into a compliance plan with the city which plan shall set forth a mutually agreed schedule
and deadline for construction completion.
B. If construction is completed within the applicable time limit within the compliance schedule, the city shall
refund the complete deposit minus an administrative fee to be set by resolution of the city council
C. If a property owner fails to complete construction by the applicable time limit in the compliance schedule,
the full amount of the construction completion deposit shall not be returned to the property owner and the city shall
draw on the construction completion deposit in the amount of the applicable penalties plus an administrative fee to
be set by resolution of the city council. (Ord. 1729 § 2, 2007)
11.34.120 Applicability and enforcement.
A. This chapter shall apply to all construction for which a building permit was issued on or after the effective
date of the ordinance codified in this chapter.
B. Any penalty due under this chapter is a personal debt to the city by the property owner and in addition to
all other means of enforcement and collection, shall become alien against the subject property and shall be subject
to the same penalties (including interest thereto at the maximum rate allowed by law from the date the lien
attached until the date of payment) and the same procedure and sale in case of delinquency as provided for
ordinary municipal taxes. (Ord. 1729 § 2, 2007)
11.34.130 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 by law. (Ord. 1729 § 2, 2007)
Chapter 10.54 DESIGN REVIEW PROCEDURES ATTACHMENT 9 -
�A L'�i'... f7__O
10.54.104 Time limits for construction
A. Purposes. The purpose of this section is to regulate the duration of construction projects in order to
avoid negative impacts on the City resulting from lengthy construction activities. Such negative
impacts include detrimental effects of lengthy construction on residential neighborhoods, such as
construction noise and increased traffic, reduction in available parking, and the presence of portable
toilets. In addition to the general purposes of this section, the City has adopted this section because:
1. A continuous stream of large numbers of construction projects on private properties within the
City for many years past has resulted -in, substantial and continuing adverse impacts on the City
and its residents from construction activities;
2. Among those adverse impacts are long-term noise disturbances to neighbors of the
construction projects, loss of already inadequate on -street parking due to the presence of large
numbers of construction vehicles, and frequent closures of the City's narrow streets for
construction deliveries and staging, which closures hinder and/or eliminate local and emergency
access for varying periods of time;
3. Numerous private individual large-scale projects have been designed and built in the City
involving construction for many years, thus prolonging the adverse construction impacts created
by those projects;
4. It is in the interests of the health, safety, and welfare of the citizens of Sausalito to place a
reasonable time limit on the duration of each construction project, so as to balance the needs of
the project site property owner with those of nearby residents and the community- generally in
the safe and peaceful enjoyment of their properties;
5. The time limits adopted in this section allow an adequate and reasonable amount of time for
the kinds of construction projects undertaken, in the City; and
6. Substantial penalties should be imposed upon persons who violate the time limits imposed
pursuant to this section, so as to encourage compliance with such time limits and achieve the
purposes of this section.
B. Construction Time Limit Required. As part of any application for a construction permit for a project
which obtained a design review permit, obtained an amendment of an existing design review permit,
or should have obtained a design review permit (including, without limitation, any such application
with respect to improvements that have been constructed without or in violation of an existing valid
design review permit, or administrative design review permits for the purposes of this section), the
applicant shall file a reasonable estimate of the value of the project, and based thereon, a
construction time limit shall be established for the project in accordance with the criteria set forth in
subsection C of this section. The applicant shall submit information reasonably requested by the
Community Development Director to support the estimated value of the project such documentation
may include without limitation an executed construction contract. Compliance with such time limit
shall become a condition of the design review permit. The time for completion of the construction
shall also be indicated on the construction permit. For projects exceeding $500,000 in project
valuation, a detailed GANTT chart (or other graphic display acceptable to the Community
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Development Director) depicting the sequence of steps necessary for completion of the project,
including detailed information on the critical path of the project, duration of critical tasks, and
predicted inspection dates, shall be submitted prior to the issuance of any construction permit. Once
approved, the property owner shall provide the City with written quarterly job progress reports
consistent with the approved chart.
C. Construction Time Limit. Except where a longer time period is approved pursuant to subsection D
of this section, the maximum time for completion of approved alterations, additions, modifications,
repairs, or new construction, following issuance of the construction permit, shall not exceed the
following limits. These limits are not altered or extended by work delays or stoppages due to the
enforcement actions resulting from violation(s) of the municipal code.
Estimated Value of
Project
Construction Time
Limit*
$0 to $500,000
18 months
$500,001 to $1,000,000
24 months
Greater than $1,000,000
30 months
For landscaping work (including retaining walls and grading) approved as part of the construction project,
the applicant shall have an additional 90 days to complete the landscaping work after final building
inspection approval or issuance of an occupancy permit (whichever occurs later) for the main construction
project. This additional 90 days shall not apply to construction projects solely comprised of landscaping.
D. Construction Time Limit Extension.
1.a. Construction Activities. Prior to or following the commencement of construction an applicant
may apply for one or more extension(s) of the established construction time limit; provided,
however,. in no event shall any single extension granted exceed 180 days, nor shall the total
extension(s) granted exceed the following:
Estimated Value of
Project
Construction Time
Limit Extension
$0 to $500,000
270 days
$500,001 to $1,000,000
360 days
Greater than $1,000,000
360 days
b. Landscaping Activities. For landscaping work (including retaining walls and grading)
approved as part of the construction project, the applicant may apply for an extension not to
exceed 30 days beyond the 90 -day landscaping time limit specified in subsection C of this
section. Such application shall be filed prior to the expiration of the 90 -day time limit and
shall be considered by the Community Development Director, who shall have the authority
to grant said extension only if, in his or her opinion, such extension beyond the 90 -day
landscaping time limit is warranted because of delays caused by inclement weather or
circumstances beyond the property owner's control.
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2. Application Contents. An application for an extension of the construction time limit shall be
accompanied by complete working drawings for the construction, a written explanation of the
reasons for the requested extension, and a fee as established by resolution of the City Council.
3. Public Hearing and Notice. Within 15 working days of receipt of a complete application for an
extension in accordance with subsection (D)(1)(a) of this section, the Zoning Administrator shall
hold a public hearing on the said application. The Zoning Administrator may obtain input from
the Building Inspector and the City Engineer.
4. Findings. The Zoning Administrator may grant an extension if the following findings.can be
made:
a. Such extension will not have a material deleterious effect on the neighborhood in which
the project is located; and
b. Any one or more of the following factors is present and presents an unusual and
substantial obstacle to complying with the standard construction time limit:
i. Site topography;
ii. Site access;
iii. Geologic issues;
iv. Neighborhood considerations;
v. Weather-related grading restrictions; or
vi. Other unusual factors (except lack of financing).
5. Conditions of Approval. The Zoning Administrator may apply reasonable conditions of
approval deemed necessary to fulfill the purposes of this section.
6. Notice of Decision. The decision of the Zoning Administrator shall be in the form of a written
resolution and shall include the findings upon which the decision is based, applicable conditions
of approval, and a summary of the appeal process. A written decision shall be mailed to the
applicant and all parties who participated in the process via oral or written comments.
7. Appeals. The decision of the Zoning Administrator may be appealed to the Planning
Commission in accordance with the procedures of Chapter 10.84 SMC.
E. Penalties.
1. If a property owner fails to complete construction by the applicable time limit established in
this section, the property owner shall be subject to the following penalties payable to the City:
Period of Time That
Project Remains
Incomplete Beyond
Applicable Time Limit Penalty
Chapter 10.54 DESIGN REVIEW PROCEDURES
Period of Time That
Project Remains
Incomplete Beyond
Applicable Time Limit
Penalty
First 60 days
$400.00 per day (i.e.,
$24,000 maximum
penalty applicable to this
60 -day period)
61st through 120th day
$600.00 per day (i.e.,
$36,000 maximum
penalty applicable to this
60 -day period)
121st day and every day
$800.00 per day (to a
thereafter
maximum of the lesser
of 20% of project value
or $200,000)
Paae 4 of 7
2. Penalties, fees and costs due to the City pursuant to this subsection E are due each day as
the penalties accrue.
F. Deposits.
1. Upon reaching the time limits set out in subsections C and D of this section, if construction
has not been completed, or if no final inspection has been made or a certificate of occupancy
issued, the property owner or his representative shall deliver to the Community Development
Department a refundable deposit (in cash or other security instrument acceptable to the City and
valid for a minimum time period of two years) in the -amount of $24,000, plus a nonrefundable
administrative fee as established by resolution of the City Council.
2. If no deposit is made as provided in subsection (F)(1) of this section, the Building Official shall
issue a stop work order.
3. On or before the sixtieth day that the project has remained incomplete, and no final inspection
has been made and no certificate of occupancy issued, the property owner or his representative
shall deliver to the Community Development Department an additional refundable deposit (in
cash or other security instrument acceptable to the City and valid for a minimum time period of
two years) in the amount of $36,000, plus a nonrefundable administrative fee as established by
resolution of the City Council.
4. If no deposit is made as provided in subsection (F)(3) of this section, the Building Official shall
issue a stop work order.
5. On or before the one -hundred -twentieth day that the project has remained incomplete, and no
final inspection has been made and no certificate of occupancy issued, the property owner or his
representative shall deliver to the Community Development Department an additional refundable
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deposit (in cash or other security instrument acceptable to the City and valid for a minimum time
period of two years) in the amount of $140,000, plus a nonrefundable administrative fee as
established by resolution of the City Council.
6. If no deposit is made as provided in subsection (F)(5) of this section, the Building Official shall
issue a stop work order.
7. If the property owner fails to complete construction by the applicable time limit, the applicable
penalties shall accrue daily up to the maximum set out in subsection E of this section.
8. If the property owner believes that the failure to meet the applicable time limit was caused by
circumstances beyond the property owner's control, the property owner may file a written
statement to that effect with the Community Development Director at the time of making the
deposit as described in subsections (17)(1), (3) and/or (5) of this section and provide any
documentation substantiating such grounds of appeal and the effect on the construction. If the
property owner makes such filing, no part of the deposit cash or other security instrument shall
be forfeited to the City if construction is completed within 30 days of the deposit. If construction
is completed after the 30 days and the Community Development Director concurs with the
property owner's statement as to the cause of the failure to meet the deadline, the Community
Development Director shall waive the penalty and return the cash deposit or other security
instrument to the property owner. If the Community Development Director does not concur with
the property owner's statement, such statement shall be treated as an appeal under subsection
G of this section and all the provisions of that subsection shall apply. As used in this section, the
term "circumstances beyond the property owner's control" shall mean events outside the
property owner's reasonable control that are not caused by the property owner's willful or
unlawful misconduct or gross negligence (or that of the property owner's contractor or
subcontractors), such as acts of God, earthquake, labor disputes that are not caused, directly or
indirectly, by the property owner or the property owner's contractor or subcontractors, shortages
of supplies, riots, war, acts of terrorism, fire, epidemics, or delays of common carriers. A failure
of a lender to make or fund a loan commitment shall not be deemed to be "circumstances
beyond the property owner's control."
9. If construction is completed after the applicable time limit, and the Community Development
Director does not concur with the property owner's statement pursuant to subsection (F)(8) of
this section, the City shall draw on the deposit or other security instrument in the amount of the
applicable penalties; provided, however, that in the event of an appeal, the City shall not draw
on the deposit or other security instrument until the Planning Commission and, if applicable, the
City Council has rendered its decision as set forth in subsection G of this section.
10. After construction is completed and all applicable penalties received by the City, any
remaining cash or security instrument deposit shall be refunded or returned to the account of the
property owner,
G. Appeals.
1. A penalty imposed pursuant to subsections B through F of this section may be appealed to
the Planning Commission on the grounds that the property owner was unable to comply with the
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applicable time limit as a result of circumstances beyond the property owner's control. There
shall be no right to appeal until construction is completed. Any person aggrieved by the decision
of the Planning Commission on the appeal may appeal to the City Council in accordance with
the procedures of Chapter 10.84 SMC.
2. At the time the appeal is filed or within two weeks thereafter, the appellant shall submit
documentary and other evidence sufficient to establish that design decisions, construction
drawings and documents, bids and construction contracts, permit applications, and compliance
with all required permit conditions were undertaken in a diligent and timely manner.
Documentary evidence shall include, but not be limited to, dated design contracts, date-stamped
plans, dated construction contracts and material orders, and proof of timely payment of any
deposits or fees required pursuant to any of the foregoing items. The documentary and other
evidence shall demonstrate that construction delays resulted from circumstances beyond the
property owner's control and despite diligent and clearly documented efforts to achieve
construction completion within the applicable time limit. Penalties imposed pursuant to this
section shall not be modified or cancelled unless all evidence required by this subsection (G)(2)
is submitted at the time of appeal.
H. Enforcement.
1. This section shall apply to all construction, including all additions, alterations, modifications,
repairs, and improvements, that requires a design review permit, including a design review
permit for such construction undertaken before the application for the design review permit or an
amended design review permit with respect to such construction previously undertaken without
a design review permit or outside a previously issued design review permit. The time limit for
completion of any design review permit issued after January 1, 2009, shall be extended from the
effective date of the ordinance codified in this section pursuant to the time limits specified in
subsections C and D of this section.
2. Any penalty due under subsection E of this section in excess of the deposit made under
subsection F of this section shall be a personal debt owed to the City by the property owner(s)
and, in addition to all other means of enforcement and collection, shall become a lien against the
property and shall be subject to the same penalties (including interest thereon at the maximum
rate allowed by law from the date the lien attaches until the date of payment) and the same
procedure and sale in case of delinquency as provided for ordinary municipal taxes.
I. Violations.
1. A violation of this section is a misdemeanor and shall be punished as provided in Chapter
1.05 SMC. A civil action may be commenced to abate, enjoin, or otherwise compel the cessation
of violation of any provision in this section. In a civil action brought pursuant to this section in
which the City prevails, the court may award to the City all costs of investigation and preparation
for trial, the costs of trial, reasonable expenses including overhead and administrative costs
incurred in prosecuting the action, and reasonable attorneys' fees.
2. As part of a civil action brought by the City, a court may assess against any person who
commits, allows, or maintains a violation of any provision of this section a civil penalty in an
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amount not to exceed $5,000 per daily violation. The civil penalty is separate and distinct from
penalties imposed pursuant to this section.
3. Upon any guilty plea or judgment or conviction in any criminal proceeding brought for the
violation of this section, where the defendant is entitled by law to probation, then the court may
require the payment to the City of the costs and expenses as described above and the code
provision incorporated by reference as one of the conditions of such probation.
4. The Building Official or the Community Development Director is authorized to order work
stopped whenever work is being done contrary to the provisions of this section.
5. Any violation of this section shall constitute a public nuisance and, in addition to being subject
to any other remedies allowed by law, may be abated as provided by law. [Ord. 1200 § 1, 2009.]