HomeMy WebLinkAboutOrdinance 558 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. 558, adopted by the
Atascadero City Council at a regular meeting thereof held on December 13, 2011. and that it has
�. been duly published pursuant to State Law.
DATED:
Marcia McClure Torgerson,C.M.
City Clerk
City of Atascadero, California
ORDINANCE NO. 558
.. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AMENDING TITLE 8 OF 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 from 2007 to 2011; and,
WHEREAS, this economic downturn has had a considerable negative effect on the
construction industry, especially the local residential construction sector; and,
WHEREAS, the City of Atascadero now has a backlog of over 350 building permit
applications for new residential and commercial projects with outstanding plan check fees of
over $450,000; and,
WHEREAS, the building code requires building permit applications to be deemed
abandoned after 180 days of inactivity; and,
WHEREAS, the City Council 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 has approved a Phase 1, Phase 2 and Phase 3 Dormant
Building Permit Application Extension Program that will expire on January 1, 2012, and
WHEREAS, staff has prepared a Phase 4 Dormant Permit Application Extension
Program code text amendment that v cold provide an addition time extension to inactive building
permit application; and,
City of Atascadero
Ordinance No.558
Page 2 of 4
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 limitation of application.
(a) 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 thereafter be returned to the applicant or destroyed by the
budding official. In order to renew action on an application after
expiration, the applicant 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.
(b) 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 (1009/0) 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 809'o 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.
(c) Phase IV—2012 Dormant Building Permit Application Extension
Program.
In addition to the processing timeframes provided for in Section 105.3 11
am select dormant permit applications currently covered to Dormant Permit
City of Atascadero
Ordinance No. 558
Page 3 of 4
Application Extension Program Phase III shall be provided application
r. extensions consistent with the following:
1. Dormant permits selected to be part of Phase IV
a. Permit applications granted an additional time extension under
Phase IV are to be selected based on the following
qualifications:
i. Status of subdivision map
u. Scope of project
iii. Status of other permits within the same project
iv. Information from property owner
b. Building permit applications that are included in Phase IV
Dormant Building Permit Application Extension Program are
extended to December 31, 2013 provided that prior to
issuance, (1) all outstanding plan check fees are paid, (2) a
$150.00 processing fee is paid, and (3) building construction
plans have been revised to meet the current Building Code
requirements.
it c. Phase IV dormant permit applications that have not been issued
by December 31, 2013 will become null and void. and all
unpaid fees for services rendered will be due to the City of
Atascadero in full.
2. Dormant permits not selected to be part of Phase IV: Building
permit applications that have not been issued by December 31,
2011 will become null and void, and all unpaid fees for services
rendered will be due to the Citv of Atascadero in full.
City of Ataecadero
Ordinance No. 558
Page 4 of 4
INTRODUCED at a regular meeting of the City Council held on November 22, 2011, and
` PASSED and ADOPTED by the City Council of the City of Atascadero. State of California, on
December 13, 2011, by the following roll call vote:
AYES: Council Members Clay, Fonzi, O'Malley, Sturtevant and Mayor Kelley
NOES: None
ABSTAIN: None
ABSENT: None
CITY OF ATASCC,AADERO
Bob Kelley, MayovV
ATTEST:
51Marcia McClure Torgerson, C.M.C., lyCleTk
APPROVED AS TOO
i
Brian A. Pierik. City Attorney