HomeMy WebLinkAbout2020-06-23; City Council; CS-377; AN ORDINANCE AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 18.04 TO ALLOW FOR BUILDING PERMIT APPLICATION TIME EXTENSIONS CONSISTENT WITH THE 2019 CALIFORNIA BUILDING STANDARD...June 23, 2020 Item #8 Page 2 of 3
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 ofthe 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 23, 2020 Item #8 Page 3 of 3
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 23rd day of June 2020, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Schumacher.
None.
None.
MATT HALL, Mayor