HomeMy WebLinkAboutORD NO. 18-1382 (EXPIRATION OF PERMITS)2
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ORDINANCE NO. 18-1382
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING THE HERMOSA BEACH MUNICIPAL CODE SECTION 15.04.050
EXPIRATION OF PERMITS, AND DETERMINING THE AMENDMENT IS
NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council held a duly noticed public hearing on January 23, 2018, to
consider the recommendation from the Planning Commission regarding expiration of building permits.
SECTION 2. The Planning Commission held a duly noticed public hearing on November 21,
2017 to consider a Text Amendment, referred to the Commission from the City Council for review and
recommendation, regarding the expiration of building permits.
SECTION 3. The project is not subject to the California Environmental Quality Act
(CEQA) pursuant to CEQA Guidelines Section 15060(c)(2), because the project will not result in a
direct or reasonably foreseeable indirect physical change in the environment. The text amendment
changes are procedural in nature and will in no way create negative impacts to the environment.
Therefore, there is no possibility that the activity in question may have a significant effect on the
environment.
SECTION 4. The City Council hereby ordains that Section 15.04.050 be amended as set
forth in the attached Exhibit A.
SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, or portion
of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court or competent jurisdiction, such decision shall not affect the invalidity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have adopted this
Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof,
irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses,
phrases or portions might subsequently be declared invalid or unconstitutional.
SECTION 6. Effective Date. This ordinance shall become effective and be in full force
and effect from and after thirty (30) days of its final passage and adoption.
SECTION 7. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of
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general circulation published and circulated in the City of Hermosa Beach in the manner provided
by law.
SECTION 8. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 13th day of February, 2018 by the following vote:
AYES:
Armato, Campbell, Massey, Mayor Duclos
NOES:
Fangary
ABSENT:
None
ABSTAIN:
None
PRESIDENT of th 1 ounci I and MAYOR of the City of Hermosa Beach, California
ATTEST: APPROVED AS,.TO FORM:
J
City Clerk Ity_Attorney
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18-1382
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Exhibit A
(Ordinance 18-1382)
Section 15.04.050 Expiration of Permits
Notwithstanding the provisions of Section 15.04.010, Section 105.5 of Chapter 1 of the
Building Code is hereby amended to read as follows:
SECTION 105.5
Expiration of Permits
105.5 Expiration.
Every permit issued by the Building Official under the provisions of this Code shall
expire by limitation and become null and void (1) if the building or work authorized by
such permit is not commenced within 180 days from the date of such permit, or (2) if
the building or work authorized by such permit is suspended or abandoned for a
period of 180 days at any time after the work is commenced, or (3) if the building or
work authorized by such permit is not completed within two calendar years from the
issuance date of the permit.
Exception:
For any project subject to a discretionary permit from the Planning Commission under
Title 17 of the HBMC, the Planning Commission has authority, and City Council on
appeal, to establish as a condition of approval the building permit expiration date by
which construction shall be completed, based upon the size and complexity of the
project. The time frame provided in the condition of approval for permitted
construction activities shall be inclusive of all permits and phases of the project (i.e.
demolition, excavation, building construction, site improvements, and approved final
inspection for all permits issued for the project).
A. Where work has not commenced within 180 days from the issuance date of a
permit, a renewed permit valid for two years may be obtained upon payment of a
renewal fee equal to ten percent of the original permit fee provided that (1) no
changes have been made or will be required in the original plans and specifications
for such work and (2) the renewed permit is issued within two years of the original
permit issuance date.
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B. Where work has commenced and is subsequently suspended or abandoned for a
period exceeding 180 days, a renewed permit valid until the original expiration date
may be obtained upon payment of a renewal fee equal to ten percent of the original
permit fee provided that (1) no changes have been made or will be required in the
original plans and specifications for such work and (2) the renewed permit is issued
within two years of the original permit issuance date.
C. The Building Official, or the Planning Commission in the case of discretionary
permits, may grant a maximum of two (2) extensions for a period not exceeding six
calendar months each upon written request by the permittee showing that
circumstances beyond the control of the permittee have prevented completion of the
project. A fee of ten percent of the original permit fee shall be assessed for such
renewal.
D. Any permittee holding an active permit and seeking an exception pursuant to
subsection (C) may apply in writing for an extension of the time within which work
under that permit may be continued when, for good and satisfactory reasons, he or
she is unable to continue work within the time required by this Section due to
circumstances beyond the control of the permittee.
E. Any permittee seeking to extend a permit pursuant to the above may present
evidence to City staff that clearly demonstrates that the uncompleted work is less
than ten percent of the project. At its sole discretion, should the City determine that
less than ten percent of the project is left to be completed, the renewal fee or the new
permit fee may be reduced to an amount equivalent to the corresponding lower
percentage.
F. Any application for a renewed permit or a permit extension shall be reviewed
under the Building Codes and Ordinances in effect at the time of the original permit.
G. If the owner or applicant fails to complete the project within the time required, the
Building Official is authorized to initiate a nuisance abatement action pursuant to
Chapter 8.28 of this Code or undertake any other remedy permitted by law.
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF HERMOSA BEACH )
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 18-1382 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a Regular
meeting held at the regular meeting place thereof on the 13th day of February, 2018, and
the Ordinance will be published in the Easy Reader newspaper on February 22, 2018.
The vote was as follows:
AYES: Massey, Campbell, Armato, Mayor Duclos
NOES: Fangary
ABSENT: None
ABSTAIN: None
DATED: February 13, 2018
Elaine Doerfling, City Cle