ORD 549 ORDINANCE NO. 549
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REGARDING
PROLONGED CONSTRUCTION PROJECTS THAT ARE ADVERSELY
AFFECTING NEIGHBORING PROPERTIES.
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 1. 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 % 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. 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.
1635891
Ordinance No. 549
Page 2 of 3
PASSED, APPROVED AND ADOPTED THIS 15th DAY OF OCTOBER 2013.
IP
MAYOR
ATTEST: .
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; that the
foregoing Ordinance No. 549 passed first reading on October 1, 2013, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
October 15, 2013, and that the same was passed and adopted by the following roll call
vote:
AYES: Campbell, Knight, Misetich and Mayor Brooks
NOES: None
ABSENT: None
ABSTAIN: None
RECUSED: Duhovic
t ri?44/1, Dept*
CITY CL RK
1635891
Ordinance No. 549
Page 3 of 3
jil!
RANCHO PALOS VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
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 16, 2013, she caused to be posted the following document
entitled: ORDINANCE NO. 549,AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES REGARDING PROLONGED CONSTRUCTION
PROJECTS THAT ARE ADVERSELY AFFECTING NEIGHBORING
PROPERTIES, a copy of which is attached hereto, in the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting.
r /'
/li X il
City Clerk
W:\FORMS\Form 150 Archived Affidavits(old)\Form 150-Affidavit of Posting Ordinance No.549.doc