Loading...
HomeMy WebLinkAboutStaff Report 4086 City of Palo Alto COLLEAGUES MEMO September 23, 2013 Page 1 of 3 (ID # 4086) DATE: September 23, 2013 TO: City Council Members FROM: Council Member Holman, Council Member Berman, Vice Mayor Shepherd, Council Member Price SUBJECT: COLLEAGUE'S MEMO FROM VICE MAYOR SHEPHERD, COUNCIL MEMBERS BERMAN, HOLMAN, AND PRICE REGARDING BUILDING CODE AND STALLED CONSTRUCTION Recommendation Council direct staff to draft an ordinance that amends the Municipal Code regarding completion of residential construction projects in a timely manner. The ordinance should address two issues: 1) the imposition of time limits for building permits; and 2) daily penalties for projects that exceed the life of a building permit. While delays in residential construction projects have created a need for immediate action by Council, we also ask staff to return to the Policy and Services Committee with a brief update and analysis of delays in commercial construction projects in Palo Alto, if similar issues have arisen, along with potential solutions. Furthermore, this draft shall be reviewed by Council’s Policy and Services Committee for final recommendation to Council. Background Home remodels and new construction projects in Palo Alto’s neighborhoods can cause periodic traffic, parking, noise, and visual impacts for community residents and businesses. Although the City encourages prompt completion of construction projects construction can sometimes stall, at times for a few months but occasionally for years. There may be a wide variety of reasons for the delay ranging from funding issues, to bad design or contracting, to neglectful property owners. No matter the reason, the resulting incomplete construction project can become an eye-sore, attractive nuisance and a problem for the residents and neighborhood. These incomplete projects detract from neighborhood quality of life and residents deserve an ordinance that they can rely on to ensure that housing projects start and finish in a reasonable amount of time. The Municipal Code does not have specific construction timelines. A building permit can be extended indefinitely so long as an owner completes enough work in a six-month period to September 23, 2013 Page 2 of 3 (ID # 4086) progress to the next level of inspection. If a permit expires, there is no requirement or incentive in the Municipal Code to renew the permit and finish the project. Incomplete construction can cause a number of problems: unfinished buildings cause visual blight; construction fencing can obstruct the view of pedestrians and motorists; and unsecured buildings can present numerous safety concerns since the properties may become destinations for unlawful or risky behaviors. Ideally, these situations can be resolved quickly and amicably. However, when projects are stalled indefinitely or abandoned, Palo Alto must have an ordinance that encourages their swift completion. Recommendation In order to address the issue of delays in completion of construction projects, we propose that the City Council direct staff to prepare an ordinance, which will be first reviewed by the Policy and Services Committee, which amends the Municipal Code in two areas: 1. The City of Palo Alto should adopt specific time limits for residential building permits. The maximum life of a building permit should vary depending on the estimated dollar value of the project. 2. The City of Palo Alto should adopt daily penalties for projects that exceed the life of a building permit. Penalties should increase the longer a project is delinquent. We also ask that staff return to the Policy and Services Committee with a brief update and analysis of delays in commercial construction projects in Palo Alto, if similar issues have arisen, along with potential solutions. Stalled construction is an issue in many communities. Several neighboring jurisdictions have already adopted similar ordinances to address the numerous problems associated with stalled or abandoned construction projects. For background information, we have attached two examples of how nearby cities have addressed this issue through their respective municipal codes. Although this proposed ordinance would not apply to existing projects unless a new building permit is issued, it would give City staff an important enforcement tool going forward. We urge our colleagues to join us in directing staff to prepare an ordinance addressing delinquent construction projects. Staff Impact Staff time will be spent drafting the ordinance and managing the local code amendment process. Development Services staff will make applicants and/or homeowners aware of the building permit time limit ordinance during the permit issuance stage. They will also track and monitor expired permits subject to the ordinance to ensure compliance. Those expired permits that warrant further action will involve the Code Enforcement Division of the Planning and Community Environment Department, and potentially the City Attorney’s Office, on an as- needed basis. Development Services, Code Enforcement and City Attorney staff resources September 23, 2013 Page 3 of 3 (ID # 4086) needed to enforce the ordinance could range from minimal to significant, depending on the number and complexity of enforcement proceedings required.