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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; DocuSign Envelope ID: 7CA62A2B-DC46-4440-86CC-DF54A79700DE 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 The following code sections are amended, repealed or deleted as follows with underlining indicating new text and strikeouts (strut) indicating deleted text.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. DocuSign Envelope ID: 7CA62A2B-DC46-4440-86CC-DF54A79700DE 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 DocuSign Envelope ID: 7CA62A2B-DC46-4440-86CC-DF54A79700DE 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. ; — Docu o066C125928D48D... EMILY BEACH, Mayor DocuSign Envelope ID: 7CA62A2B-DC46-4440-86CC-DF54A79700DE 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