#06 - Zoning Text Amendments - Laserfiche WebLink

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2 LA515\1\931888.v2 other provisions and terms as may be required by the city engineer and city attorney. The developer's registered engineer shall make, and submit for approval to the city engineer, a written estimate of the costs of the improvements in order for the city to determine the amount of the security required. Reduction of security shall be as outlined per the development agreement. (3) The security shall be returned upon successful completion of the following: a. Compliance with the state building code; b. Compliance with the city code; and c. Compliance with requirements of the development agreement as determined by the city. 105.08.100 (Zoning Code – Security Escrow for Construction): The intent of these changes is to simplify the process for single- and two-family projects, or other small residential commercial or industrial projects (for example, minor additions or alterations), that do not trigger an automatic requirement for a grading permit, site improvement agreement, or development agreement. The changes also provide more clarity on requirements and procedures for the release of the financial security. Proposed Language: (a) Security escrow. A security escrow in an amount established by the city's fee schedule or building official shall be paid before a building permit is issued for the construction of all new single and two-family residential structures and site work for other construction related projects that do not require a grading agreement, site improvement agreement, or development agreement as required by Sections 103.00.160 or 105.12.260 of the City Code. structures and other significant construction related projects at the discretion of the city. The security shall be returned to the applicant upon the successful completion of the following: (1) Compliance with the state building code; (2) Compliance with the city Code; and (3) Compliance with specified requirements as determined by the building official. (a) Form. The city will accept a security escrow in the form of cash or a letter of credit in the form approved by the City Attorney. (b) Purpose. The security may be used at any time for the remediation of construction or development site improvement-related damage or debris on and around the site and for other violations of the city Code, including, but not limited to, unpaid fees, unpaid fines, unpaid contracted service fees, erosion control, street maintenance, boulevard repair and restoration, and landscaping. If the security items, landscaping, or building exterior, are not completed within six months of start of construction, excluding the time between November 1 and April 1, or upon the builder filing bankruptcy, or if the job is abandoned for 30 days or more, the city may enter the lot, perform the work, and apply the security toward the cost, plus administrative fees. (c) Action against the financial security. The city shall use the security to finance remedial work undertaken by the city, or a private contractor under contract to the city including a fee to the city for processing equal to ten percent of any contractor's invoice for materials and services, to reimburse the city for all costs incurred in the process of remedial work, including, but not limited to, staff time, engineering fees and attorney's fees. (d) Maintenance of financial security. If at any time the financial security is drawn upon, the applicant may be required to submit additional security to restore the security to the full amount as originally established. Restoring the full security is a requirement prior to resuming work on the site. The city maintains the right to stop all site/building work until the financial security has been replenished. (e) Release of financial security. The financial security shall be in place at the city’s discretion until all work is completed, including the building final inspection and all site work and landscaping or other requirements including all punch list corrective items identified through city inspections. 105.12.260 (Zoning Code – Permits, Certificates and Licenses): The intent of these amendments is to correct standard references and language in Table 11-2. Proposed Language: (a) Building permits.