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HomeMy WebLinkAboutOrdinance 533 wr CERTIFICATION I, Marcia McClure Torgerson, C.M.C., City Clerk of the City of Atascadero, hereby certify that the foregoing is a true and correct copy of Ordinance No 533, adopted by the Atascadero City Council at a regular meeting thereof held on September 23, 2008, and that it has �rrrr been duly published pursuant to State Law DATED• I Marcia McClure Torgerson, C.M.C. City Clerk City of Atascadero, California am ORDINANCE NO 533 am AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING THE ATASCADERO MUNICIPAL CODE BY REPLACING SECTIONS 8-2.102(C) AND 8-2.102(E) OF THE LOCAL BUILDING CODE The City Council hereby finds and declares as follows WHEREAS, the National, State and local economy have experienced a significant economic downturn in 2007 and 2008, and, WHEREAS, this economic downturn has had a considerable negative effect on the construction industry, especially the residential construction sector; and, WHEREAS, the City of Atascadero now has a backlog of over 250 building permit applications for new residential and commercial projects with outstanding plan check fees of $370,000; and, WHEREAS, the building code requires building permit applications to be deemed abandoned after 180 days of inactivity; and, taw WHEREAS, the City Council reviewed this issue on August 9, 2008, and determined that it was in the economic interests of the City of Atascadero to provide relief to the construction industry by extending the permit extension deadlines, and, WHEREAS, the City Council directed staff to prepare a code text amendment that would provide an addition time extension to inactive building permit application, and, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS SECTION 1 Section 8-2 102(c) of the Atascadero Municipal Code is amended to read as follows 105.3.2. Time limitations of application. 1 Expiration of Plan Review Applications for which no permit is issued within 180 days following date of notification of approval/ready for issuance by the Building Division, or applications within 180 days following date of notification of permit corrections to be picked up or returned, shall expire by limitation, and plans and other data submitted for review may am thereafter be returned to the applicant or destroyed by the building official City of Atascadero Ordinance No. 533 Page 2 of 3 In order to renew action on an application after expiration, the applicant +raw shall resubmit plans and pay a new plan review fee. No extension is allowed except by written appeal to the Building Official. The Building Official is authorized to grant one extension of time for an additional period not exceeding 180 days No application shall be extended more than once 2. Fee refund. Application fees and permit fees are assessed to cover the cost of providing permit issuance services and therefore are not refundable once service has been obtained. A full refund (100%) can only be given when a cancelled application was submitted and/or reviewed due to staff error Refunds for cancelled applications will not include submittal fees, document imaging fees, and plan review fees (once a plan review has been completed) Refunds must be requested in writing and within one (1) year of application submittal date. Refunds for cancelled permits will include up to 80% of the permit fee, provided no work has commenced and the request for refund is within one (1) year from permit issuance. Refunds must be requested in writing and within one (1) year of permit issuance Refunds will not be processed for applications and/or permits that have been suspended or revoked, or that have expired due to limitation. 3 Dormant building permit application one-time-only blanket extension. In addition to the time extension allowed in section 105 3.2 1 , any building permit application for new single-family-residence, new multi-family- residence, new commercial or industrial building, or a commercial or industrial addition, submitted to the City of Atascadero on or before September 9, 2008, may opt into a one-time-only application extension. In order to be considered for this program, all outstanding plan check fees must be paid in full on or before February 28, 2009, and any subsequent building permit regulated by this program must be paid for in full and issued on or before June 30, 2010 Any building permit application or subsequent building permit regulated by this program that does not meet all timeframes indicated in this section will be cancelled and become null and void, and any subsequent work will require a new permit application, new plans, and new plan check and permit fees SECTION 2 Section 8-2 102(e) of the Atascadero Municipal Code is amended to read as follows 112.1 Appeals Board. The Board of Building Appeals shall be as described in Section r 2-12 01 of the Atascadero Municipal Code. City of Atascadero Ordinance No. 533 Page 3 of 3 ,., SECTION 3- A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published twice at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and, before the expiration of fifteen (15) days after its final passage, in the Atascadero News, a newspaper published and circulated in the City of Atascadero A copy of the full text of this ordinance shall be on file in the City Clerk's Office on and after the date following introduction and passage and shall be available to any interested member of the public INTRODUCED at a regular meeting of the City Council held on September 9, 2008, and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on September 23, 2008, by the following roll call vote AYES Council Members Beraud, Clay, Luna, O'Malley and Mayor Brennler NOES None ABSTAIN None ABSENT None aw ATTEST CITY F CADERO Marcia McClure Torgerson, C.M.0 i rennler, Mayor City Clerk v APPROVED AS TO FORM. &- — 0a , Brian Pierik, City Attorney Vrr