HomeMy WebLinkAbout2020-06-16; City Council; ; Recommendation from the Ad-Hoc City Council Subcommittee on Economic Revitalization for a One-Year Extension for Building Permits and Building Permit Applications due toCA Review __RK__
Meeting Date: June 16, 2020
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Jeff Murphy, Community Development Director
jeff.murphy@carlsbadca.gov, 760‐602‐2783
Subject: Recommendation from the Ad‐Hoc City Council Subcommittee on
Economic Revitalization for a One‐Year Extension for Building Permits
and Building Permit Applications due to COVID‐19
Recommended Action
The Ad‐Hoc City Council Subcommittee on Economic Revitalization presents the City Council with
two recommendations, that the council:
1.Hold a public hearing and introduce an ordinance amending Carlsbad Municipal Code
Chapter 18.04 to allow for building permit application time extensions consistent with the
2019 California Building Standards Code (Exhibit 1)
2.Adopt a resolution authorizing the city’s building official to extend the expiration date of
building permits and building permit applications by one year from the date they are
issued in response to the COVID‐19 pandemic’s impacts. (Exhibit 2)
Executive Summary
Many projects have encountered an unforeseeable delay in the development permit application
and construction process because of the COVID‐19 pandemic. Typical reasons cited for the delay
include health or financial hardships. Given the current and anticipated economic impacts
associated with COVID‐19, it is anticipated that the number of delayed projects will continue to
increase in the foreseeable future.
On May 18, 2020, staff met with the ad‐hoc subcommittee to provide recommendations on
authorizing automatic time extensions for building permit and building permit applications. The
2019 California Building Code authorizes the building official to grant time extensions on building
permit and building permit applications on a case‐by‐case basis in response to an applicant’s
written request demonstrating justifiable cause for the extension. When the city adopted the
state standards on Nov. 12, 2019, the ability to extend building permit applications was
inadvertently excluded from the city’s building code. Staff is recommending that language be
added to the code authorizing the building official to grant extensions on applications consistent
with the 2019 state code. (Recommendation 1)
June 16, 2020 Item #5 Page 1 of 10
2
It is expected that numerous extension requests that will be processed this year will reference
the same hardships and will be accepted as having encountered justifiable cause. An automatic
one‐year extension will help provide the added time that builders will need while avoiding the
case‐by‐case evaluation process that is currently required for granting time extensions. Staff is
also recommending that the building official be authorized to extend unexpired building permit
applications and building permits an additional year from the date they are issued.
Recommendation 2)
Discussion
Background
On March 19, 2020, Governor Newsom issued Executive Order N‐33‐20 ordering all residents to
follow the state Public Health Officer directives during the COVID‐19 pandemic, including an
order that all individuals living in the State of California stay in their place of residence except as
needed to maintain continuity of operations and that they practice required social distancing
when away from home. The orders also shut down all non‐essential services. As a result, many
development projects within the city have encountered a delay in the permit application process
or the construction process because to health or financial hardships because of the health orders.
Given the current and anticipated economic impacts associated with COVID‐19, the ad‐hoc
subcommittee anticipates that the number of delayed projects will continue to increase in the
foreseeable future.
Building permit application extension
The 2019 California Building Code authorizes time extensions on building permit applications.
Specifically, §105.3.2 of the state code authorizes the building official to grant one or more
extensions of time for periods not to exceed 90 days on a case‐by‐case basis upon the applicant’s
written request demonstrating justifiable cause for the extension (Exhibit 3). When the city
adopted the state standards on November 12, 2019, (Council addenda item 8), the provision to
extend building permit applications was inadvertently excluded from the proposed code. Staff is
recommending that language be added to the code authorizing the building official to grant
extensions on applications consistent with the 2019 state code (Exhibit 1).
Building permit expiration
A building permit is issued once a plan check has been completed and the building permit
application has been approved. Under Section 18.04.030 of the Carlsbad Municipal Code (Exhibit
4), building permits issued by the building official expire within 180 days from the date of
issuance unless work authorized under the permit commences. The section goes on to authorize
the building official to grant one or more extensions of time for periods not to exceed 180 days,
each for a cumulative total of no more than three years, on a case‐by‐case basis, again upon the
applicant’s written request demonstrating justifiable case for the extension.
One‐year automatic extension
The ad‐hoc subcommittee finds that the health and financial hardships caused by the COVID‐19
crisis are widespread, likely to continue and increase, and that they constitute justifiable cause
for extending the expiration of building permits and building permit applications. Authorizing an
automatic one‐year extension for building permit applications and building permits will help
provide the added time that projects will need while avoiding the case‐by‐case evaluation
process currently required for granting time extensions (Exhibit 2).
June 16, 2020 Item #5 Page 2 of 10
3
Next Steps
Staff will revise the expiration date on all eligible permits to reflect the one‐year time extension.
Environmental Evaluation (CEQA)
In keeping with Public Resources Code Section 21065, this action does not constitute a “project”
within the meaning of the California Environmental Quality Act in that it has no potential to cause
either direct physical change in the environment, or a reasonably foreseeable indirect physical
change in the environmental, and therefore does not require environmental review. The actions
of the City Council taken in accordance with this resolution are consistent with the allowances
provided under the 2019 California Building Code and related California construction codes.
Public Notification
Public notice of this item was posted in accordance with the Ralph M. Brown Act and it was
available for public viewing and review at least 72 hours prior to scheduled meeting date.
Exhibits
1.City Council ordinance
2.City Council resolution
3.§105.3.2 of the 2019 California Building Code
4.§18.04.030 of the Carlsbad Municipal Code
5.Strikeout/Underline version of ordinance
June 16, 2020 Item #5 Page 3 of 10
ORDINANCE NO. CS-377
AN ORDINANCE OF THE CITY OF CARLSBAD OF THE CITY OF CALIFORNIA,
AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 18.04 TO ALLOW FOR
BUILDING PERMIT APPLICATION TIME EXTENSIONS CONSISTENT WITH THE
2019 CALIFORNIA BUILDING STANDARDS CODE.
EXHIBIT 1
WHEREAS, California Health & Safety Code section 17958 requires cities to adopt building
regulations that are substantially the same as those adopted by the California Building Standards
Commission and contained in Parts 1 through 12 of Title 24 of the California Code of Regulations,
collectively known as the California Building Standards Code; and
WHEREAS, California Health & Safety Code section 17958.5, 17958.7 and 18941.5 provide that
the city may make changes or modifications to the building standards contained in the California
Building Standards Code based upon express findings that such changes or modifications are
reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, on Nov. 12, 2019 the City Council held a public hearing and adopted Ordinance No.
CS-364 repealing the existing Carlsbad Municipal Code building standards and adopted new standards
based on the 2019 California Building Code, as amended.
WHEREAS, section 18.04.035 of the Carlsbad Municipal Code establishes that building permit
applications for which no building permit is issued within one year following the date of application
shall expire; and
WHEREAS, section 105.3.2 of the 2019 California Building Code Standard establishes the criteria
for building permit application expiration and authorizes a building official to grant one or more
extensions of time for additional periods not to exceed 90 days each so long as the extension is
requested in writing and justifiable cause is demonstrated; and
WHEREAS, section 18.04.035 of the Carlsbad Municipal Code inadvertently excluded the
provision authorizing the building official to extend the expiration date of building permit applications;
and
WHEREAS, the City Council desires to retain the building official's ability and authority to extend
building permit applications on a case-by-case basis when justified, consistent with the 2019 California
Building Code Standard.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
June 16, 2020 Item #5 Page 4 of 10
1.That the above recitations are true and correct and are each incorporated by reference.
2.Section 18.04.035 of the Carlsbad Municipal code is hereby amended as follows:
18.04.035 Section 105.3.2 amended-Expiration of plan review.
Applications for which no permit is issued within one year following the date of application
shall expire by limitation, and plans and other data submitted for review may thereafter be
returned to the applicant or destroyed by the building official. The building official is
authorized to grant one or more extensions of time for additional periods not exceeding 90
days each. The extension shall be requested in writing and justifiable cause demonstrated._ln
order to renew action on an application after expiration, the applicant shall resubmit plans
and pay a new plan review fee.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 16th
day of June 2020, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the ___ day of ______ 2020, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
MATT HALL, Mayor
BARBARA ENGLESON, City Clerk
(SEAL)
June 16, 2020 Item #5 Page 5 of 10
RESOLUTION NO.2020-112
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE CITY'S BUILDING OFFICIAL TO EXTEND THE
EXPIRATION DATE OF BUILDING PERMITS AND BUILDING PERMIT
APPLICATIONS BY ONE YEAR DUE TO COVID-19.
EXHIBIT 2
WHEREAS, on Feb. 19, 2020, the San Diego County Board of Supervisors voted to ratify the
County Health Officer's Feb. 14, 2020 declaration of a local health emergency to address the novel
coronavirus, or COVID-19; and
WHEREAS, on March 4, 2020, the Governor ofthe State of California proclaimed a statewide
emergency regarding the COVID-19 virus; and
WHEREAS, on March 16, 2020, the City of Carlsbad City Council adopted Resolution No. 2020-
048 declaring a local emergency due to the COVID-19 virus; and,
WHEREAS, on March 19, 2020, the Governor of the State of California issued Executive Order
N-33-20 ordering all residents to follow the state Public Health Officer directives, including an order
that all individuals living in the State of California stay in their place of residence except as needed to
maintain continuity of operations, required social distancing and the closure of all non-essential
services during the COVID-19 pandemic; and
WHEREAS, many development projects in the City of Carlsbad have encountered a delay in the
development application process or the construction process due to health or financial hardships
resulting from the said directives and it is expected that future projects are anticipated to experience
similar delays; and
WHEREAS, Section 18.04.030 ofthe Carlsbad Municipal Code authorizes the building official to
grant one or more extensions oftime on unexpired building permits for periods not to exceed 180 days
each for a cumulative total of no more than three years on a case-by-case basis, upon the applicant's
written request demonstrating justifiable case for the extension; and
WHEREAS, on June 16, 2020, the City Council introduced an ordinance that amended Section
18.04.035 of the Carlsbad Municipal Code to allow the building official to grant one or more extensions
of time on a case-by-case basis for unexpired building permit applications for periods not to exceed 90
June 16, 2020 Item #5 Page 6 of 10
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City
of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad,
California, at 3:00 p.m. on Tuesday, June 16, 2020, to consider the Ad-Hoc City Council Subcommittee on
Economic Revitalization's recommendation to approve a one-year extension for building permits and
building permit applications due to COVID-19.
Copies of the staff report will be available on and after June 12, 2020. If you have any questions, please
contact Jeff Murphy at (760) 602-2710 or jeff.murphy@carlsbadca.gov.
Per State of California Executive Order N-29-20, and in the interest of public health and safety, we are
temporarily taking actions to prevent and mitigate the effects of the COVID-19 pandemic by holding City
Council and other public meetings electronically or by teleconferencing. The meeting can be viewed
online at www.carlsbadca.gov or on the city's cable channel. The Carlsbad City Council welcomes your
participation. During the COVID-19 public health emergency, the city has provided two easy ways for
community members to provide comments during a City Council meeting:
Verbally
Sign up to provide verbal comments by phone by filling out an on line registration form by 2 p.m. the day
of the meeting. You will receive a confirmation message with instruction about how to call into the
meeting.
In writing
E-mail your comments to clerk@carlsbadca.gov. Emails received by 2 p.m. will be provided to the City
Council prior to the start of the meeting. Other comments will be included with the meeting record.
Emailed comments will not be read out loud during the meeting. Please indicate the agenda item
number in your email subject line.
If you challenge the extension for building permits and building permit applications in court, you may be
limited to raising only those issues raised by you or someone else at the public hearing described in this
notice, or in written correspondence to the City of Carlsbad, Attn: Office of the City Clerk, 1200 Carlsbad
Village Drive, Carlsbad, 92008, at or prior to the public hearing.
CASE NAME: One-Year Building Permit Extension
PUBLISH: June 5, 2020
CITY OF CARLSBAD
CITY COUNCIL
days each so long as the extension is requested in writing and justifiable cause is demonstrated; and
WHEREAS, the City Council finds that the health and financial hardships caused by the COVID-
19 crisis are widespread and constitute justifiable cause for extending the expiration of building permits
and building permit applications, and the City Council desires to cease the administrative burden of
reviewing time extension requests on a case-by-case basis.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct and are each incorporated by reference.
2. All building permits issued by the City of Carlsbad Building Division that are unexpired
as of the date of this resolution are hereby granted a one-year time extension from their
current expiration date, not to exceed the three-year cumulative total.
3. All building permit applications filed with the City of Carlsbad Building Division that are
unexpired as of the date the ordinance changes take effect are hereby granted a one-
year time extension from their current expiration date.
4. Except as modified by this resolution, the provisions of Section 18.04 of the Carlsbad
Municipal Code shall remain in full force and effect.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on
the 16th day of June 2020, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Schumacher.
None.
None.
MATT HALL, Mayor
June 16, 2020 Item #5 Page 7 of 10
EXHIBIT 3
June 16, 2020 Item #5 Page 8 of 10
EXHIBIT 4
18.04.030 Section 105.5 amended—Expiration.
Section 105.5 of the California Building Code is amended to read as follows:
Every permit issued by the building official under the provisions of this code shall expire by limitation
and become null and void if the building or work authorized by such permit is not commenced within
180 calendar days from the date of such permit, or if the building or work authorized by such permit is
stopped at any time after the work is commenced for a period of 180 calendar days, or if the building or
work authorized by such permit exceeds three calendar years from the issuance date of the permit.
Work shall be presumed to have commenced if the permittee has obtained a required inspection
approval of work authorized by the permit by the building official within 180 calendar days of the date
of permit issuance. Work shall be presumed to be stopped if the permittee has not obtained a required
inspection approval of work by the building official within each 180‐day period upon the initial
commencement of work authorized by such permit.
The building official is authorized to grant, in writing, one or more extensions of time, for periods not to
exceed 180 days each. The extensions shall be granted in writing and justifiable cause demonstrated.
Before such work can be recommenced, a new permit shall be obtained to do so, and the fee therefor
shall be one‐half the amount required for a new permit for such work, and provided that no changes
have been made or will be made in the original plans and specifications for such work, and provided
further that such suspension or abandonment has not exceeded one year. In order to renew action on a
permit after expiration, the permittee shall pay a new permit fee.
Any permittee holding an unexpired permit may apply for an extension of time within which work may
commence under that permit when the permittee is unable to commence work within the time period
required by this section for good and satisfactory reasons.
The provisions of any sewer allocation system adopted pursuant to Chapter 18.05 of the Municipal Code
shall supersede Section 106.4.4 of the California Building Code if the permit is issued pursuant to such
system.
(Ord. CS‐364 § 3, 2019)
June 16, 2020 Item #5 Page 9 of 10
EXHIBIT 5
18.04.035 Section 105.3.2 amended—Expiration of plan review.
Applications for which no permit is issued within one year following the date of application
shall expire by limitation, and plans and other data submitted for review may thereafter be
returned to the applicant or destroyed by the building official. The building official is
authorized to grant one or more extensions of time for additional periods not exceeding 90
days each. The extension shall be requested in writing and justifiable cause demonstrated. In
order to renew action on an application after expiration, the applicant shall resubmit plans
and pay a new plan review fee.
June 16, 2020 Item #5 Page 10 of 10
Jeff Murphy
Community Development Director
June 16, 2020
One-year time extension of building
permit & building permit applications
Background
•Building Permit Application
Plans reviewed for code compliance
•Building Permit
Authorizes construction pursuant to approved
plans
2
Background
•Building Permit Application
Valid for one-year; 90-day extensions
•Building Permit
Valid for one-year; 180-day extensions
3
Background
•Extension requests
Must be in writing
Justification demonstrating need
Reviewed on case-by-case basis
4
Proposal
•Current & anticipated impacts from COVID-19
Financial/economic impacts
Personal/health impacts
•Extension justified
•Avoid case-by-case evaluation process
5
Proposal
•Building Permit Application
November 2019 adoption inadvertently left
out extension provision
Propose to amend code to reflect state law
6
Recommendation
•Adopt an ordinance amending city building code
•Adopt a resolution authorizing a one-year permit
extension
7
Jeff Murphy
Community Development Director
June 16, 2020
One-year time extension of building
permit & building permit applications