Chapter 9.52
BUILDING PERMITS/ZONING CLEARANCES
Sections:
9.52.030 Post decision procedures.
9.52.010 Purpose of chapter.
The purpose of this chapter is to ensure that before commencing any work pertaining to the alteration, construction, conversion, erection, moving, or reconstruction of any structure, or any addition to any structure, a building permit shall be secured from the Building Inspection Division and a zoning clearance from the Department by an owner or agent. It shall be unlawful to commence any work until all required permits have been obtained. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.52.020 Applicability.
A. Building permit required.
1. Before initiating any work dealing with the alteration, construction, conversion, erection, moving, or reconstruction of any structure, or any addition to any structure, a building permit shall be secured from the Building Inspection Division by any owner, or authorized agent of the owner, for the work, and it shall be unlawful to commence any work until and unless the building permit has been obtained.
2. No structure shall be occupied or used unless a certificate of occupancy for the use, where required, is first obtained from the Department.
B. Procedures.
1. Each application for a building permit shall be made on a printed form to be obtained at the Building Inspection Division and shall be accompanied by accurate information and dimensions as to the:
a. Size and location of the:
(1) Subject parcel;
(2) Structures on the subject parcel;
b. Dimensions of all yards and open spaces;
c. Plans and specifications;
d. Distance of all existing and proposed structures in relation to property lines; and
e. Other information determined to be necessary for the enforcement of these regulations.
2. Where complete and accurate information is not readily available from existing records, the Building Inspection Division may require the applicant to furnish a survey of the parcel prepared by a licensed surveyor, if the parcel survey is requested by the Department.
3. A copy of the original application shall be kept in the office of the Building Inspection Division.
4. Each application shall be reviewed for compliance with the requirements of this chapter and the State building codes (e.g., State Building Standards Code Title 24 and the California Building Code). No building permit shall be issued unless the application is found to meet all of the applicable requirements of this chapter, and the application is validated by the Department.
5. Before an occupancy permit may be issued, all required on-site (outside the City’s right-of-way) and off-site (within the City’s right-of-way) improvements shall have been completed or the permittee shall have entered into an agreement with the City to complete the work within one hundred eighty (180) days from the date of the issuance of the building permit.
a. The City Engineer may extend the completion date for the off-site improvements by one additional one hundred eighty (180) day period upon the written request of the permittee and upon a showing of good cause thereof.
b. The agreement shall be secured either by cash deposited with the City, a cash deposit in an irrevocable escrow account approved by the City Engineer, or other financial security approved by the City Engineer as to the equivalent thereof.
c. The security shall be in the amount of one hundred fifty percent (150%) of the estimated costs of completion of the improvements as determined by the City Engineer.
d. In the event the work is not completed to the satisfaction of the City Engineer within the period provided, or any approved extension, the City shall be authorized to take all necessary action to enforce the agreement, including the use of the security, to cause the completion of all required improvements.
e. Moneys deposited with the City or in an escrow account may be partially released to the depositor by the City Engineer during the progress of the work so long as the same ratio of security is maintained on deposit to secure all uncompleted work.
6. During a period of ninety (90) days from the initiation of a Development Code amendment (e.g., change of zoning regulations) or a Zone Map amendment (e.g., change of zoning district) by either the Commission or the Council, the Director shall not accept an application for a building permit within any area involved in or affected by the proposed amendment for any use or structure which would be prohibited by virtue of the proposed amendment.
C. General conditions.
1. No building permit shall be validated by the Department for any use or structure which would be prohibited by a proposed amendment identified in subsection (B)(6) of this section affecting the subject property; provided, the change was initiated before the filing of the application for the building permit. An amendment shall be construed as initiated by the filing of an application for an amendment or by the adoption of a resolution of intention by the Commission or the Council.
2. The City may require a written agreement to secure compliance with provisions of this Code. The agreement may include provisions dealing with a bond, cash deposit, covenants running with the land, entry permission, hold harmless clause, lien clause, and similar provisions to ensure that if the permittee or owner fails to remove the improvements or construction, the City could accomplish the removal without any cost to the City. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.52.030 Post decision procedures.
The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Division 6 of this title (Development Code Administration) and those identified in Chapter 82 of this title (Permit Implementation, Time Limits, and Extensions) shall apply following the decision on a building permit. (§ 2, Ord. 14-13, eff. October 8, 2014)