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ORD 548UORDINANCE NO. 548U AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REGARDING PROLONGED CONSTRUCTION PROJECTS THAT ARE ADVERSELY AFFECTING NEIGHBORING PROPERTIES AND DECLARING THE URGENCY THEREOF. RECITALS 1. When permitted construction projects are commenced by property owners, they typically are completed within the periods of time specified in the Municipal Code. It is not unusual, however, for a substantial construction project to require the issuance of a permit extension and the issuance of a subsequent building permit and extension, which means that a project can be under construction for more than two years. 2. There is at least one project in the City that has been ongoing for more than four years, with permits for the same work having been extended and reissued on several occasions. The property owners continue to apply for more permits from the City and still have not completed work that had already commenced. This project has been ongoing for more than four years and has been disrupting the neighbors' ability to enjoy their properties for that time and has become a nuisance. 3. It is necessary to adopt an urgency ordinance that will amend the Municipal Code to address these unusual circumstances so that the Building Official will not issue new permits for additional work until after the prior permits have been completed so that this project and others like it will not continue indefinitely, so the neighbors' ability to enjoy their properties will not continue to be adversely affected and their ability to enjoy their properties will be restored. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: SECTION I. Section 15.18.050 of Chapter 15.80 of Title 15 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows [the new language is underlined]: 15.18.050 - Administrative Code amended Expiration of permits. Notwithstanding the provisions of Section 15.18.010 of this chapter, Sections 105.3.2 and 105.5 are amended to read: 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant up to two extensions of time for additional periods not exceeding not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated. Plan checks for development projects where permits have expired for a period of less than one year shall be assessed a fee equal to 1/2 of the amount of the applicable plan check fee, as set forth in the resolution establishing said fee, if the plans that are being resubmitted are identical to the prior plans. Said fee shall be paid when the plans are re- submitted for review by the building official. 105.5 Expiration. Every permit 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 is not completed through final inspection within the allowed time from the date of issuance of such permit, which time shall be as follows: up to 5,000 square feet, 18 months; 5,000 to 10,000 square feet, 24 months; over 10,000 square feet, 30 months. For good cause, upon initial application for a permit, the building official may establish a different expiration date when it is anticipated such date will be necessary to complete construction due to extenuating circumstances or when the construction is required to be completed within the time period of previously issued unexpired permits. Upon expiration, before work under the permit can be recommenced, a new permit shall be obtained. Such new permit shall be valid for 24 months, and the fee therefor shall be one -half the amount required for a new permit for such work, if no changes have been made or will be made in the original plans and specifications for the work and not more than one year has passed since the expiration of the permit; otherwise, such new permit shall be subject to all terms and conditions applicable to new permits. Any permittee holding an unexpired permit may apply for an extension of the time within which the permittee may complete work under that permit when the permittee is unable to complete the work within the time required by this section although proceeding with due diligence. An application for extension shall be filed on forms prescribed by the building official and be accompanied by payment of the fee as established by resolution. The building official may extend the time for completion of work under the permit by the permittee for a period of time not exceeding 180 days upon finding the permittee has been proceeding with due diligence and that circumstances beyond the control of the permittee have prevented action from being completed. No permit shall be so extended more than once. Notwithstanding the foregoing, for any property where construction has been performed pursuant to one or more unexpired permits for a period of at least four years and is adversely affecting adjacent properties or the owners or occupants thereof, as documented in written complaints submitted to the Building Official or Director of Community Development, the Building Official shall not issue a new building permit for any new work or an extension of an existing unexpired permit until all work being performed pursuant to any unexpired building permit has been completed and the City has issued a final approval or a certificate of occupancy therefor. This provision shall not apply to: 1. emergency work; 2. work that is necessary to preserve the integrity of the structure; or 3. work that, in the opinion of the Building Official, will mitigate impacts to an adjacent property_ SECTION 2. There is at least one construction project in the City that has been ongoing for more than four years, with permits for the same work having been extended and reissued on 1618521 Ordinance No. 548U Page 2 of 3 several occasions. The property owners continue to apply for more permits from the City and still have not completed work that they already had commenced. This project has been ongoing for more than four years and has been disrupting the neighbors' ability to enjoy their properties for that time and has become a nuisance. It is necessary to adopt an urgency ordinance that will amend the Municipal Code immediately to address these unusual circumstances so that except in emergency circumstances or when a concurrently issued permit can be required to be completed within the timeframe of an existing unexpired permit, the Building Official will not issue new permits for additional work until after the prior permits have been completed so that this construction project and others like it will not continue indefinitely to the detriment of the neighboring properties. Therefore, this ordinance is necessary for the immediate preservation of the public peace, health, safety and welfare and shall take effect immediately upon adoption as an urgency ordinance. SECTION 3. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted in the manner prescribed by law. PASSED, APPROVED AND ADOPTED THIS 1St DAY OF OCTOBER 2013. Mayor AST: C& City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; the foregoing Ordinance No. 548U was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on October 1, 2013, and that the same was passed and adopted by the following roll call vote: AYES: Campbell, Duhovic, Knight, Misetich and Mayor Brooks NOES: None ABSENT: None ABSTAIN: None alyl / /A n,c t D.7 Deg City Clerk 1618521 Ordinance No. 548U Page 3of3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )SS CITY OF RANCHO PALOS VERDES) RANCHO PALOS VERDES AFFIDAVIT OF POSTING The undersigned, being first duly sworn, deposes and says: That at all times herein mentioned, she was and now is the appointed City Clerk of the City of Rancho Palos Verdes; That on October 3, 2013, she caused to be posted the following document entitled: ORDINANCE NO. 548U, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REGARDING PROLONGED CONSTRUCTION PROJECTS THAT ARE ADVERSELY AFFECTING NEIGHBORING PROPERTIES AND DECLARING THE URGENCY THEREOF, a copy of which is attached hereto, in the following locations: City Hall 30940 Hawthorne Blvd. Rancho Palos Verdes Hesse Park 29301 Hawthorne Blvd. Rancho Palos Verdes posting. Ladera Linda Community Center 32201 Forrestal Drive Rancho Palos Verdes certify under penalty of perjury that the foregoing is a true and correct affidavit of City Clergy W: \FORMS \Form 150 Archived Affidavits (old) \Form 150 - Affidavit of Posting Ordinance No. 548U.doc