HomeMy WebLinkAboutOrd 1975DocuSign Envelope ID: 7CA62A2B-DC46-4440-86CC-DF54A79700DE
ORDINANCE NO. 1975
AN ORDINANCE OF THE CITY OF BURLINGAME
AMENDING TWO SECTIONS OF CHAPTER 18.07 OF THE BURLINGAME
MUNICIPAL CODE
The City Council of the City of Burlingame ordains as follows:
Division 1. Factual Background
WHEREAS, the City of Burlingame wishes to make changes to two sections of
Chapter 18.07 of the Burlingame Municipal Code which govern permit -exempt buildings
and permit expiration;
WHEREAS, the City of Burlingame currently exempts many one-story detached
accessory buildings provided the floor area does not exceed 100 square feet;
WHEREAS, California Residential Code R105.2 currently exempts one-story
detached accessory structures provided the floor area does not exceed 120 square feet;
WHEREAS, the City of Burlingame no longer believes it is necessary to deviate
from the square footage requirement set by the California Residential Code for such
structures;
WHEREAS, on September 21, 2018, Governor Edmund Gerald Brown approved
Assembly Bill (AB) No. 2913, which changed building permit requirements, including
imposing a limit of 180 days to each permit extension granted by the building official, and
requiring that all permits remain valid for at least twelve months after issuance so long
as work has commenced;
WHEREAS, at the time of the adoption of AB 2913, Chapter 18.07.070 Section
303.4 of the City's Municipal Code required certain projects to be completed within six
months of permit issuance;
WHEREAS, at the time of the adoption of AB 2913, Chapter 18.07.070 Section
303.4 of the City's Municipal Code allowed extensions of building permits up to one (1)
year;
WHEREAS, at the time of the adoption of AB 2913, Chapter 18.07.070 Section
303.4 of the City's Municipal Code did not allow the approval of more than two total
permit extensions;
WHEREAS, the City will comply with the provisions of AB 2913, while still
ensuring permitees may extend projects for good cause;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES
ORDAIN AS FOLLOWS:
Division 2. The following code sections are amended, repealed or deleted as follows with
underlining indicating new text and strikeouts (strut) indicating deleted text.
Section 1: The following two Sections of Burlingame Municipal Code Chapter 18.07
Uniform Administrative Code are hereby amended as follows:
Chapter 18.07 UNIFORM ADMINISTRATIVE CODE
18.07.50 Section 301.2.1 amended—Building permits—Exempted work.
1. One-story detached accessory buildings used as tool and storage sheds,
playhouses and similar uses provided the floor area does not exceed 490 120 square
feet.
18.07.070 Section 303.4 amended—Permit expiration—Failure to complete.
303.4 Expiration. All work to be performed under a building permit shall be
completed within the maximum time allowed for the construction as follows:
Total Estimated Cost Total Time Allowed
QveFUp to and including $50,000 12 months
Over $50,000 to and including $1,000,000 18 months
Over $1,000,000 to and including $2,000,000 24 months
Over $2,000,000 to and including $10,000,000 30 months
Over $10,000,000 36 months
Failure to complete the work within the time allowed, unless an extension of time
has been specifically approved by the building official, will cause the permit for such
work to become null and void. Failure to commence work on any permit within twelve
(12) months of issuance will cause the permit for such work to become null and void.
Abandonment of the work authorized by the permit will also cause the permit to
immediately become null and void. In each instance, A -a new permit requiring
compliance with all current codes and payment of all fees shall be required to
recommence work. The request for an extension of time must be submitted in writing
prior to the expiration of the time allowed.
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The time limit allowed to complete the work and obtain a building final for any
permit that has been extended shall be eee yea 180 days from the date of the
extension. Failure to complete the work within the time allowed by a first permit
extension will cause the permit for such work to become null and void, unless a second
extension has been specifically approved by the building official. A new permit requiring
compliance with all current codes and payment of all fees shall be required to
recommence work. Prior to expiration of a first extension of a building permit, an owner
may apply for a second extension. The request for a second extension of time must be
submitted in writing prior to the expiration of the time allowed under the first extension.
All extension requests shall be made in writing, and must demonstrate justifiable cause
for the extension.
Every permit extension issued by the Building Official under the provisions of the
technical codes shall expire by limitation and become null and void, if the building or
work authorized by such permit extension is not recommenced within 120 days from the
date of such permit extension, or if the building or work authorized by such permit
extension is suspended or abandoned at any time after the work is recommenced for a
period of 120 days. The building or work shall be considered suspended or abandoned if
a substantial inspection has not been conducted. The following are considered
substantial inspections when all corrections have been performed and that portion of the
work has been signed off by a city inspector:
Foundation;
2. Underground plumbing, electrical, and mechanical;
3. Underfloor framing, plumbing, electrical, and mechanical;
4. Shear walls, hold downs, roof diaphragm, and connectors;
5. Rough framing, plumbing, electrical, and mechanical;
6. Insulation;
7. Sheetrock; and
8. Final.
After suspension or abandonment and before such work can be recommenced, a
new permit shall be first obtained and the fee therefore shall be the amount required for
the original permit.
The expiration of a building permit without an extension pursuant to this section
shall result in the expiration of any approvals under Chapter 25 (Zoning) of the
Burlingame Municipal Code and the California Fire Code, including local amendments.
The fees for the first extension shall be the amount required for the original permit.
If no changes in plans or specifications have been made, no additional plan checking
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fees will be required. The fee for the seee d any additional extension following the first
extension shall be two (2) times the original building permit fee.
Notwithstanding any other provision of this section, if a building permit was issued
for part or all of a project or building which was required to obtain a special permit,
variance or traffic allocation, the building permit shall expire and such special permit,
variance or traffic allocation shall be null and void if substantial progress has not
occurred within one year from the issuance of the building permit. Substantial progress
shall be when the total foundation has been formed, inspected and poured. The Council
may grant an extension of a permit upon the showing by the permittee of hardship or
unforeseen circumstances.
DIVISION 2:
If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining
portions of this Ordinance. The Council declares that it would 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.
DIVISION 3:
This Ordinance shall be published in a newspaper of general circulation in accordance
with California Government Code Section 36933, published, and circulated in the City of
Burlingame, and shall be in full force and effect thirty (30) days after its final passage.
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Docu
o066C125928D48D...
EMILY BEACH, Mayor
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I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, certify that the
foregoing ordinance was introduced at a public hearing at a regular meeting of the City
Council held on the 6th day of April, 2020, and adopted thereafter at a regular meeting of
the City Council held on the 201h day of April 2020, by the following vote:
AYES: Councilmembers: BEACH, BROWNRIGG, COLSON, O'BRIEN
KEIGHRAN, ORTIZ
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE DocuSignedby:
SD484C3D80E7449...
Meaghan Hassel -Shearer, City Clerk