Chapter 15.08
BUILDING PERMITS
Sections:
Article 1. Generally
15.08.010 Application requirements.
15.08.015 Annexation into police, fire and road maintenance financing districts.
15.08.060 Violation—Bar to utilities installation.
15.08.070 Violation—Penalties not exclusive.
Article 2. Construction Plans Storage Fee
15.08.080 Purpose of provisions.
15.08.110 Energy conservation review fee.
Article 3. Off-Site Inspection and Review Fees
Article 1. Generally
15.08.010 Application requirements.
Any person, partnership, joint venture, firm, association or corporation desiring or intending to build or construct any building or structure or any addition or alteration which requires a building permit or permits or any other improvement to the property based upon the standards identified in Section 12.04.020, shall file a written application with the building inspector of the city together with certain plans set forth in this section, together with offers of dedication in addition to the minimum requirements of the city’s adopted construction codes, and shall pay certain fees prior to the issuance of a building permit. The various fees stated in this chapter shall be paid in accordance to the specific amount set forth in a resolution adopted by the city council, but in no event less than the fees set forth in Section 15.08.030 of this chapter. (Ord. 974 § 1 (part), 1993: prior code § 15.04.010)
15.08.015 Annexation into police, fire and road maintenance financing districts.
A. As a condition to the issuance of a building permit for any new residential development for which a building permit is required, the owner of the land for which such building permit is sought shall be required to annex the real property for which the permit is sought into the city’s Community Facilities District No. 2003-1 (“CFD No. 2003-1”) providing finance police and fire protection services. As a condition to the issuance of a building permit for any new nonresidential development that is equal to or in excess of two thousand (2,000) square feet for which a building permit is required, the owner of the land for which such building permit is sought shall be required to annex the real property for which the permit is sought into CFD No. 2003-1 providing finance for police and fire protection services and into the then-existing financing district providing financing for road maintenance services. As a condition to the issuance of a building permit for any new nonretail commercial/industrial development that are less two thousand (2,000) square feet for which a building permit is required, the owner of the land for which such building permit is sought shall be required to include such real property into a separate community facilities district (the “new CFD”) by forming, or upon formation annexing into, the new CFD which shall provide financing for police and fire protection services and annexing into the then-existing financing district providing financing for road maintenance services.
B. The condition of annexation set forth in subsection A of this section shall not apply to any of the following:
1. The rehabilitation, construction, reconstruction, or refurbishment of any existing structure or portion thereof where the livable floor area does not exceed the livable floor area existing prior to such rehabilitation, reconstruction or refurbishment.
2. The development of residential housing when such housing has executed a legally binding covenant, recorded against the subject property, guaranteeing the affordability of such housing for persons of low, very low or moderate income, as determined necessary or convenient by the city or the San Jacinto redevelopment agency.
3. The development of any individual lot within the area identified in Exhibit A (adopted October 16, 2003), which lot is not being developed in connection with a division of land that is either being processed at the time of, or has been recorded within two years prior to, the application for such building permit.
4. The development of model homes, provided the following limitations shall apply:
a. The city shall have approved a tentative tract map of no fewer than twenty (20) residential lots for the proposed subdivision within which the model homes are proposed.
b. The model homes for which building permits are issued shall not exceed: (i) five in number, or (ii) five percent (5%) of the total number of lots within the subdivision, whichever is greater. For purposes of subdivision maps that include phased portions, the number of lots contained within each phase shall be deemed to be the number of lots within the subdivision.
c. The subdivider shall have executed a covenant, or similar document in a form satisfactory to the city, in which the subdivider irrevocably provides consent to the inclusion of the subdivision into the then existing community facilities district providing financing for police and fire protection services and into the then existing financing district providing financing for road maintenance services.
d. The subdivider shall have furnished demolition bonds, in an amount and form satisfactory to the city, to secure an obligation of the subdivider to remove the model homes in the event that the model homes are not successfully annexed into the then existing community facilities district providing financing for police and fire protection services and into the then existing financing district providing financing for road maintenance services.
e. No final certificate of occupancy permitting residential occupancy shall be issued for any such model home unless and until such model home has been annexed into the then existing community facilities district providing financing for police and fire protection services and into the then existing financing district providing financing for road maintenance services.
f. The construction of the model homes shall otherwise conform to all other applicable city regulations and requirements.
Exhibit A – Infill Area
(Ord. 09-21 § 1; Ord. 05-04 §§ 2, 3: Ord. 04-11 § 2; Ord. 03-24 § 2; Ord. 03-17 §§ 2, 3)
15.08.020 Fees—Generally.
Prior to issuing of the building permit the applicant, in addition to the requirements set forth in Section 15.08.010 of this chapter, shall be required to pay the following fees, for the purposes described in this section, and in a specific amount set forth in a resolution adopted by the city council, but in no event less than the amounts prescribed in this section. For application to connect to parcels not within the city limits the applicant shall pay the adopted fees for the services requested as if that structure were within the city limits, providing the governing body of the county or city having jurisdiction of such parcel consents to the improvements thereby required.
A. There shall be paid for and on behalf of those parcels served by the city’s water system for and to the water capital improvement fund for the purpose of upgrading and replacing the existing wells, reservoirs, booster system and the transmission and distribution system within the service area of the city. The funds so collected shall be placed in a special water capital improvement fund and shall be used exclusively for capital improvements associated with water system construction.
B. Public Safety Capital Improvement Fund.
1. For the purpose of acquisition and construction of public safety-related buildings, grounds and fixtures including traffic safety improvements. The funds so collected shall be set aside to supplement those revenues which may be budgeted and made available by the city council for that purpose.
2. For the purpose of acquisition of capital equipment for public safety purposes including vehicles, radios, furniture and other equipment with a per-unit acquisition cost in excess of one hundred fifty dollars ($150.00).
C. Storm Drain Improvement Fund. For the purpose of developing a storm drain master plan and a storm drain system in accordance with said master plan. Said fees shall be established by a resolution and shall be placed in fund exclusively for the use specified in this section.
D. Plan checking fees shall be established by resolution of the city council but in no event less than prescribed by Section 15.08.030 of this chapter, and shall be used for the purpose of offsetting administrative and engineering costs for processing the public improvement plans and design review board applications which fees are established in addition to the plan checking fees as provided for by the building code. (Prior code § 15.04.020)
15.08.030 Fees—Designated.
The minimum special fees to be collected as required by Section 15.08.020 of this chapter shall be as set forth in the following schedule, but if the city council has adopted by resolution any higher fee pursuant to Section 15.08.020, the higher fee shall be collected:
A. Water capital improvement fund, two hundred dollars ($200.00) for each residential unit or twenty (20) plumbing fixture units for commercial and industrial development.
B. Public Safety Capital Improvement Fund.
1. Capital structures, fifty dollars ($50.00) per residential unit, or one cent per square foot of lot area being developed for industrial or commercial uses;
2. Capital equipment, ten dollars ($10.00) per residential unit, or one cent per square foot of lot area being developed for commercial or industrial purposes.
C. Storm drain improvement fund, two cents for each square foot of lot area being developed.
D. Plan-checking fee, two percent of the estimated cost of construction of off-site improvements. (Prior code § 15.04.030)
15.08.040 Accounting.
All fees collected pursuant to Section 15.08.020 of this chapter except plan-checking fees shall be ordinarily expended within a period of five years from the thirtieth day of June following the date collected, unless the council by resolution determines special cause to accumulate the funds. An accounting for all funds collected and spent shall be made available for public inspection by the first day of November of each year, for the previous fiscal year. (Prior code § 15.04.040)
15.08.050 Violation—Penalty.
It is unlawful for any person, partnership, joint venture, firm, association or corporation to build or construct any building or structure or any additions or alterations without complying with the provisions of this article, and any person, firm, association or corporation who violates any of the provisions of this article is guilty of a misdemeanor and shall be punished in accordance with the general penalty provisions of this code. Any of the above-named persons shall be deemed guilty of a separate offense for each and every day during which any violation of this article is committed, conducted or permitted by any of the above-named persons. (Prior code § 15.04.050)
15.08.060 Violation—Bar to utilities installation.
Any of the persons named in Section 15.08.050 of this chapter who violate any of the provisions of this article is not entitled to the installation of any public utilities such as water and sewer connections or any other public utilities over which the city has jurisdiction until such time as said persons have complied with this article. (Prior code § 15.04.060)
15.08.070 Violation—Penalties not exclusive.
In addition to the remedies and penalties as provided in this article, the city shall have the right to bring a civil action for violating the provisions of this article. The remedies and penalties provided in this article are accumulative and not exclusive. (Prior code § 15.04.070)
Article 2. Construction Plans Storage Fee
15.08.080 Purpose of provisions.
A. The state requires that applicants for building permits for new construction and some existing construction submit calculations demonstrating compliance with the energy conservation standards.
B. The state requires that certain construction plans be stored indefinitely. (Prior code § 15.08.010)
15.08.090 Established.
As the requirements of the state increase the cost of the building division, the fees described in this article are established to offset the costs. The amount of each fee may be set forth in a resolution adopted by the city council, but in no event shall be less than the amount described in Sections 15.08.100 and 15.08.110 of this chapter. (Prior code § 15.08.020)
15.08.100 Storage fee.
For the purpose of defraying the cost of storage of plans and permits, a fee equal to 0.02 percent of the permit valuation for all permits shall be paid by the applicant. In addition a charge of ten dollars ($10.00) per page of construction plans shall be submitted for all nonresidential construction and residential construction in excess of two stories to pay for microfilming, as those plans must be stored indefinitely. (Prior code § 15.08.030)
15.08.110 Energy conservation review fee.
For the purpose of reimbursing the city for the cost involved in checking construction for compliance with the California Energy Conservation Standards, a fee equal to fifteen (15) percent of the building permit fee, as set forth in Section 304 of the Uniform Building Code currently in effect, shall be paid by the applicant. (Prior code § 15.08.040)
Article 3. Off-Site Inspection and Review Fees
15.08.120 Designated.
For the review and inspection of off-site building improvements under the supervisory powers of the city, the building official shall collect a fee in the minimum amount of ten dollars ($10.00) or two and one-half percent of the estimated cost of construction of those improvements, whichever amount is the greater amount. The estimated costs of construction shall be estimated by the director of public works of the city. (Prior code § 15.12.010)