Chapter 8.34 BUILDING PERMIT CONDITIONS

Chapter 8.34
BUILDING PERMIT CONDITIONS

Sections:

8.34.010 Evidence of adequate water, sewage and utility service availability required.

Buildings and structures which are not supplied with adequate water, sewage and other utility service may constitute a hazard to health, safety or the public welfare. Therefore, no building permit shall be issued unless written evidence is submitted to the Building Official demonstrating to the City’s satisfaction that adequate water, sewage and other utility service will be available upon completion of the building or structure. Such service shall not be deemed adequate unless it will permit the use of the building or structure for its designed purpose in a manner which will not constitute a hazard to health, safety or the public welfare. The required evidence shall consist of utility company permits or a statement of the utility company that adequate utility service will be provided when the building or structure is completed, but if the applicant proposes to provide any utility service from a source other than an existing public utility, other evidence satisfactory to the City shall be submitted indicating that the alternate utility source is adequate and complies with all applicable laws, ordinances and regulations. [Ord. 1243 § 3, 2017; Ord. 1138 § 2, 1999. Formerly 8.29.010.]

8.34.020 Time limits for construction.

A. Purpose and Scope. The purpose of this section is to regulate the duration of construction projects in order to avoid negative impacts on the City resulting from lengthy construction activities. Such negative impacts include detrimental effects of lengthy construction on residential neighborhoods, such as construction noise and increased traffic, reduction in available parking, and the presence of portable toilets. In addition to the general purposes of this section, the City has adopted this section because:

1. A continuous stream of large numbers of construction projects on private properties within the City for many years past has resulted in substantial and continuing adverse impacts on the City and its residents from construction activities;

2. Among those adverse impacts are long-term noise disturbances to neighbors of the construction projects, loss of already inadequate on-street parking due to the presence of large numbers of construction vehicles, and frequent closures of the City’s narrow streets for construction deliveries and staging, which closures hinder and/or eliminate local and emergency access for varying periods of time;

3. Numerous private individual large-scale projects have been designed and built in the City involving construction for many years, thus prolonging the adverse construction impacts created by those projects;

4. It is in the interests of the health, safety, and welfare of the citizens of Sausalito to place a reasonable time limit on the duration of each construction project, so as to balance the needs of the project site property owner with those of nearby residents and the community generally in the safe and peaceful enjoyment of their properties;

5. The time limits adopted in this section allow an adequate and reasonable amount of time for the kinds of construction projects undertaken in the City; and

6. Substantial penalties should be imposed upon persons who violate the time limits imposed pursuant to this section, so as to encourage compliance with such time limits and achieve the purposes of this section.

This section shall apply to all construction, including all additions, alterations, modifications, repairs, and improvements, that requires a building permit for construction.

B. Construction Time Documentation Required. As part of any application for a building permit for a project, the applicant shall file a reasonable estimate of the value of the project, and based thereon, a construction time limit shall be established for the project in accordance with the criteria set forth in subsection C of this section. The applicant shall submit information reasonably requested by the Community Development Director to support the estimated value of the project. Such documentation may include, without limitation, an executed construction contract. For projects exceeding $500,000 in project valuation, a detailed GANTT chart (or other graphic display acceptable to the Community Development Director) depicting the sequence of steps necessary for completion of the project, including detailed information on the critical path of the project, duration of critical tasks, and predicted inspection dates, shall be submitted prior to the issuance of any construction permit. Once a building permit is issued, the permittee shall provide the City with written quarterly job progress reports consistent with the approved chart.

C. Construction Time Limit. Except where an extension of the construction time period is approved pursuant to subsection D of this section, the maximum time for completion of permitted alterations, additions, modifications, repairs, or new construction shall not exceed the following limits. The construction time limit shall be measured between the issuance of the building permit and the date that the permittee completes construction activities and satisfactorily completes final inspection. These limits shall not be altered or extended by work delays or stoppages due to the enforcement actions resulting from other violation(s) of the municipal code. The time for completion of the construction shall be indicated on the building permit.

Estimated Value of Project	Construction Time Limit
$0 to $500,000	18 months
$500,001 to $1,000,000	24 months
Greater than $1,000,000	30 months

D. Construction Time Limit Extension.

1. Construction Activities. Prior to or following the commencement of construction, an applicant may apply for one or more extension(s) of the established construction time limit; provided, however, in no event shall any single extension granted exceed 180 days, nor shall the total time for extension(s) granted exceed the following limits:

Estimated Value of Project	Construction Time Limit Extension
$0 to $500,000	270 days
$500,001 to $1,000,000	360 days
Greater than $1,000,000	360 days

2. Application Contents. An application for an extension of the construction time limit shall be accompanied by complete working drawings for the construction, a written explanation of the reasons for the requested extension, and a fee as established by resolution of the City Council.

3. Findings. The Community Development Director may grant an extension if the following findings can be made:

a. Such extension will not have a material deleterious effect on the neighborhood in which the project is located; and

b. Any one or more of the following factors is present and presents an unusual and substantial obstacle to complying with the standard construction time limit:

i. Site topography;

ii. Site access;

iii. Geologic issues;

iv. Weather-related grading restrictions; or

v. Other unusual factors (except lack of financing).

E. Violations; Penalties.

1. Each day that a project subject to a construction time limit remains uncompleted shall constitute a separate violation subject to penalty under this code.

2. Civil Penalties. If a property owner fails to complete construction by the applicable construction time limit established in this section, the property owner shall be subject to the following civil penalties payable to the City:

Period of Time That Project Remains Incomplete Beyond Applicable Time Limit	Penalty
First 60 days	$400.00 per day (i.e., $24,000 maximum penalty applicable to this 60-day period)
61st through 120th day	$600.00 per day (i.e., $36,000 maximum penalty applicable to this 60-day period)
121st day and every day thereafter	$800.00 per day (to a maximum of the lesser of 20% of project value or $200,000)

A civil action may be commenced to abate, enjoin, or otherwise compel the cessation of violation of any provision in this section, as well as recover such penalties. In a civil action brought pursuant to this section in which the City prevails, the court may award to the City all costs of investigation and preparation for trial, the costs of trial, reasonable expenses including overhead and administrative costs incurred in prosecuting the action, and reasonable attorneys’ fees.

3. Criminal Penalties. A violation of this section is a misdemeanor and shall be punished as provided in Chapter 1.05 SMC, but may be cited as an infraction in the discretion of the enforcing officer, or may, in the discretion of the attorney having prosecutorial functions, be charged and prosecuted as an infraction. If charged as a misdemeanor, fines imposed shall not exceed $1,000 per violation, nor shall imprisonment exceed six months.

Upon any guilty plea or judgment or conviction in any criminal proceeding brought for the violation of this section, where the defendant is entitled by law to probation, then the court may require the payment to the City of the civil penalties as described above as one of the conditions of such probation or judgment.

4. The Building Official or the Community Development Director is authorized to order work stopped whenever work is being done contrary to the provisions of this section.

5. Any violation of this section shall constitute a public nuisance and, in addition to being subject to any other remedies allowed by law, may be abated as provided by law.

F. Appeals.

1. A civil penalty imposed pursuant to this section may be appealed to the Planning Commission on the grounds that the property owner was unable to comply with the applicable time limit as a result of circumstances beyond the property owner’s control. Any person aggrieved by the decision of the Planning Commission on the appeal may appeal to the City Council in accordance with the procedures of Chapter 10.84 SMC.

2. At the time the appeal is filed or within two weeks thereafter, the appellant shall submit documentary and other evidence sufficient to establish that design decisions, construction drawings and documents, bids and construction contracts, permit applications, and compliance with all required permit conditions were undertaken in a diligent and timely manner.

Documentary evidence shall include, but not be limited to, dated design contracts, date-stamped plans, dated construction contracts and material orders, and proof of timely payment of any deposits or fees required pursuant to any of the foregoing items. The documentary and other evidence shall demonstrate that construction delays resulted from circumstances beyond the property owner’s control and despite diligent and clearly documented efforts to achieve construction completion within the applicable time limit. Penalties imposed pursuant to this section shall not be modified or cancelled unless all evidence required by this subsection (F)(2) is submitted at the time of appeal. [Ord. 02-2024 § 2, 2024.]