HomeMy WebLinkAbout2020-06-23; City Council; ; Adoption of Ordinance No. CS‐377 ‐ Amendments to Carlsbad Municipal Code Chapter 18.04 to Allow for Building Permit Application Time ExtensionsCA Review _RK__
Meeting Date: June 23, 2020
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Sheila Cobian, City Clerk Services Manager
sheila.cobian@carlsbadca.gov or 760‐434‐2917
Subject: Adoption of Ordinance No. CS‐377 ‐ Amendments to Carlsbad Municipal
Code Chapter 18.04 to Allow for Building Permit Application Time
Extensions
Recommended Action
Adopt Ordinance No. CS‐377 amending Carlsbad Municipal Code Chapter 18.04 to allow for
building permit application time extensions consistent with the 2019 California Building
Standards Code.
Executive Summary /Discussion
Ordinance No. CS‐377 was introduced and first read at the City Council meeting held on June
16, 2020. On a motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat‐Patel,
the City Council voted 4/0 to introduce the ordinance. The second reading allows the City
Council to adopt the ordinance, which will become effective thirty days after adoption.
Fiscal Analysis
This item has no fiscal impact.
Next Steps
The city clerk will have the ordinance, or a summary of the ordinance, published in a newspaper
of general circulation within fifteen days following adoption of the ordinance.
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 and Outreach
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.Ordinance No. CS‐377
June 23, 2020 Item #8 Page 1 of 3
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