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Home My WebLink AboutAGENDA REPORT 1987 0318 CC REG ITEM 11ATHOMA_ C. FERGUSON Mayor CLINT HARPER, Ph.D. Mayor Pro Tern ELOISE BROWN Councilmember JOHN GALLOWAY Councilmember BERNARDO PEREZ Councilmember MAUREEN W. WALL City Clerk MOORPARK M E M O R A N D U M ITEM STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police THOMAS P. GENOVESE City Treasurer TO: The Honorable City Council FROM: Patrick J. Richards, Director of Community Development DATE: March 12, 1987 (CC meeting of 3/18/87) SUBJECT: BUILDING PERMIT EXPIRATION /EXTENSION - UNITED STATES CONDOMINIUM CORPORATION BACKGROUND On February 23, 1987 the Department of Community be-- .e._opment was advised by the Department of Building and Safety cwerity six (26) residential building permits within Tract 3070 -4 had ::ot re- ceived a first inspection and more than 180 days had eiapse:. since the building permit was first issued (August 4, 1986). dire 180 days had passed on February 2, 1987. There are ninety -two (92) lots within Tract 3070 -4. Sixty -six (66) of the 92 have received their first inspection. The first inspection referred to is that needed prior to pouring a concrete foundation. On February 24, 1987, United States Condominium Corporation forwarded a written request (see attached) to Mr. Jack Cudmore, Building Official for the County of Ventura, requesting a 180 day extension of building permits for the following: Tract No. TR- 3070 -4 TR -4170 No. of Lots 92 64 The 180 day time period on Tract 4170 ends on March 18, 1987. Pursuant to instructions given to Mr. Cudmore, by the Director of Community Development , the request for time extension was forwarded to the City for approval. 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 The Honorable City Council p. 2 - March 12, 1987 ISSUES There are three issues associated with this request by United States Condominium Corporation. The first is associated with the twenty six (26) permits within Tract 3070 -4, which hake e,ctended beyond a 180 time period. The second issue pertains -o whether or not Unitc•(: :_,fates Condominium is able to justify an extension request `or the 64 lots within Tract 4170 in which no work has yet to start. The third is a determination of progress related to the 66 lots within Tract 3070 -4. DISCUSSION The twenty -six (26) permits within Tract 3070 -4 did not "commence" for permit purposes because of the failure to call for inspection prior to the expiration of the 180 day period. A permit is typically "commenced" on the date when rough plumbing and foundation work is approved by the Department of Building and Safety. Also, this request for extension was made some three weeks after the 180 days referred to in Section 2 -5(e) of the Ventura County Building Code (see attached). Therefore, it is the determination of the Director of Community Development that these twenty -six (26) permits within Tract 3070 -4 have expired and become null and void. The sixty -four (64) lots within Tract 4170 have yet to be graded because of various issues related to the tract. The grading issue is to be addressed by the applicant at the March 18, 1987 City Council meeting. Section 303 of the Uniform Building Code does allow a builder the opportunity to request a one time only 180 day extension. The builder is required to justify that he is unable to commence work within the 180 days for "good and satisfactory reasons ". Also, required is a written request by the builder showing that circumstances beyond the control of the builder have prevented action from being taken. United States Condominium Corporation, in their February 24, 1987 letter, stated that they have not been able to pursue construction "because we have been delayed by inclement weather, finalization of construction (building) financing on Tract 4170, and the time to require to resolve an anticipated dirt balance between two tracts ". Although there may be extraordinary circumstances, beyond the control of United States Condominium Corporation, regarding whet'zer financing or other matters not yet identified; the issue of grading has not been beyond their control and will not be given consideration for any final determination by the Director of Community Development. The third issue centers around how a building permit remains valid. Section. 2 -5(e) of the Ventura County Building, Code states that "every permit issued by the Building Official under provisions of this code shall expire.... if the building or work authorized by such permit is suspended or abandoned at anytime after the work is commenced for a period of 180 days ". The Honorable City Council p. 3 - March 12, 1987 Thus, the builder must be able to show progress past the initial "commencement" in order to keep the permit valid. Typically, progress is shown by the building inspector's sign -off of a required inspection. A lack of progress, once the foundatio:,_ has been set, could question a "suspension" of building activity. The inspection is a specific point in time which is documented and can be used as a benchmark SUMMARY United States Condominium Corporation has requested the issue of building permit extensions for Tracts 3070 -4 and Tract 4170 to be placed on the Council's agenda for discussion. Staff has determined that the issues pertaining to justification of a permit extension for Tract 4170 and whether or not progress has been made on the remaining 66 lots within Tract 3070 -4; is premature at this time. United States Condominium CorporatiL,.. will be afforded the opportunity to provide detailed information to the Director of Community Development to show that circumstances over and above the grading issue were beyond their control The only issue at this time, is that surrounding the twenty -six (26) permits within Tract 307.0 -4, which the Director has deemed to have expired. RECOMMENDATION Refer the determination of residential building permit extensions to the Director of Community Development with direction to review on a case by case basis. Attachments: U.S. Condominium Construction Corp. 3/3/87 letter. U.S. Condominium Construction Corp. 2/24/87 letter. Section 2 -5(e) of the Ventura County Building Code Section 303 of the Uniform Building Code MOORPARK, CALIFORNIA ,City Council Meeting of — I F 198, 7 ACTION: By /-/I b p :� UNIFORM BUILDING CODE 1985 EDITION 303 building or structure have been submitted or approved, provided adequate infor- mation and detailed statements have been filed complying with all pertinent requirements of this code. The holder of such permit shall proceed at his own risk without assurance that the permit for the entire building or structure will be granted. (b) Retention of Plans. One set of approved plans, specifications and compu- tations shall be retained by the building official for a period of not less than 90 days from date of completion of the work covered therein; and one set of approved plans and specifications shall be returned to the applicant, and said set shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress. (c) Validity of Permit. The issuance or granting of a permit or approval of plans, specifications and computations shal l not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. No permit presuming to give authority to violate or f cancel the provisions of this code shall be valid. The issuance of a permit based upon plans, specifications and other data shall not prevent the building official from thereafter requiring the correction of errors in said plans, specifications and other data, or from preventing building opera- tions being carved on thereunder when in violation of this code or of any other / ordinances of this jurisdiction. t - -: (d) Expiration. Every permit issued by the building official under the provi- sions 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 days from the date of such permit, or if the building or work authorized by such permit ;:,i;i ;r,;;:3i;:;i;:;< i;:; >•., "' >'' >' Ii' ` > ;" is suspended or abandoned at anytime after the work is commenced fora period of 180 days. Before such work can be recommenced, a new permit shall be first obtained so to do, and the fee therefor shall be one half the amount required for a new permit for such work, provided 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 full permit fee. Any permittee holding an unexpired permit may apply for an extension of the time within which he may commence work under that permit when he is unable to commence work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding 180 days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. (e) Suspension or Revocation. The building official may, in writing, suspend or revoke a permit issued under the provisions of this code whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of this code. VENTURA COUNTY BUILDING CODE (e) EXPIRATION OF PERMIT; EXTENSIONS. 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 days after the date of issuance of such permit or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work may be recommenced, a new permit shall first be obtained to do so. The fee therefor shall be based upon the valuation and extent of work remaining to complete the project, but such fee shall not exceed one -half the original permit fee providing no changes have been made or will be made in the original plan and specifications for such work; and provided further that such suspension or abandonment- has not exceeded one year. Any permittee holding an unexpired permit may apply for an extension of the time within which he may commence work under that permit when he is unable to commence work within the time required by this section for good and satisfactory reasons. The Building Official may, without requiring payment of an additional permit fee, extend the time for action by the permittee for a period not exceeding 180 days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. l.'rute(l States Condominntm Corporation 9601 Wilshire Boulevard, Suite 333, Rm-rly Hills, California 90210 • (213) 276 -3113 P.O. Box 276, Moorpark, California 93021 • (805) 259 -3338 March 3, 1987 City of Moorpark 799 Moorpark Ave. P.O. Box 701 Moorpark, CA 93021 Attn: Steve Kueny, City Manager RE: Tracts 3070 -4 and 4170 Request for placement on agenda for City Council Meeting. March 18, 1987. Extension of Building Permits Dear Mr. Kueny; I spoke with Pat Richards, Moorpark City Planning Director, March 2, 1987, requesting that U.S. Condominium be put on the agenda for March 18, 1987's City Council Meeting, and wish this to be a formal request. Very t y yours Fred Ferrell Projects Manager FF:kh cc: Pat Richards • t Un,red States Condominium Corporation 9601 Wilshire Boulevard, Suite 333, Beverly Hills, California 90210 • (213) 276 -3113 February 24, 1987 Mr. Jack Cudmore, Building Official Department of Building & Safety City of Moorpark 33 E. High Street 800 So. Victoria Ave. Moorpark, CA 93021 Ventura, CA 93009 Re: 160 Day Extension of Building Permits Tract 3070 -4, 92 Units Tract 4170 (Formerly Tract 3070 -5), 64 Units Dear Mr. Cudmore: Pursuant to section 303(d) of the UBC (1985), as adopted by the City of Moorpark, we do hereby respectfully request the allowed 180 day building permit extension be granted on the above tracts. These are the last two phases of our Tract 3070 project in Moorpark. When finished, these two phases will complete the circulatory road system, infrastructure, and landscape system for the entire tract. Tract 4170 is a vesting map. On Tract 3070 -4, 66 of the 92 units have received their first inspection. The final 26 units are presently trenched, forming is taking place, and we are ready for the first sequential inspections. On Tract 4170, the infrastructure is being installed and we anticipate building trenches next week. Although we have diligently pursued construction of these permits, we have been unable to obtain first inspection within the 180 day time parameter because we have been delayed by inclement weather, finalization of construction (building) financing on Tract 4170, and the time required to resolve an anticipated dirt balance between the two tracts. The original land use (single family tract) has commenced. The land and building use of the project has not changed nor have their been any newly adopted building code changes since the building permits were first issued. �4�- , Mr. Jack Cudmore February 24, 1987 Page 2 Because we are in the rainy season, we must complete foundations as weather permits. For the above reasons, we respectfully request that you approve a timely extension of the above referenced building permits for an additional 180 days on both tracts. Your prompt attention to this matter is greatly appreciated. If you have any questions, please call. Yours truly, U.S. CONDOMINIUM CORPORATION a'�� fe4ff Al Dick, Presi ADD:hk