Item H9.pdf
ACTION SHEET ITEM FROM FINANCE COMMITTEE MEETING OF 01/02/18 FOR CITY COUNCIL MEETING OF 01/10/18 ISSUE: v) Request for Approval of an Ordinance Amending Section 14-3.11 (B) of the Land Development Code to Require Public Posting of Construction Permits for Properties that Do Not Abut Public Streets or Roads. (Councilors Lindell and Villarreal) (Noah Berke) Committee Review: Planning Commission Public Works Committee City Council (request to publish) City Council (public hearing) Fiscal Impact:
12/07/17 12/11/17 12/13/17 1/10/18
None
FINANCE COMMITTEE ACTION: Approve as discussion item.
FUNDING SOURCE: SPECIAL CONDITIONS OR AMENDMENTS
STAFF FOLLOW-UP: Direction to Staff VOTE COUNCILOR VILLARREAL COUNCILOR IVES COUNCILOR LINDELL COUNCILOR HARRIS
FOR
AGAINST
ABSTAIN
X Absent
X X
CHAIRPERSON DOMINGUEZ 4-13-17
1
ACTION SHEET ITEM FROM THE PUBLIC WORKS/CIP AND LAND USE COMMITTEE MEETING OF MONDAY, DECEMBER 11, 2017
ITEM 14 REQUEST FOR APPROV,\L OF I\N ORDin\NCE 1\MENDING SECTION 14-3.1 l(B) or TI IE L\ND DEVE.LOPMENT CODE TO REQL'IRE PUBLIC POSTING OF CONSTRUCTION PERIV1ITS FOR PROPERTIES TI-L\T DO NOT 1\Bt'T PUBLIC STREETS OR ROADS (COUNCILORS LINDELL AND VILLARREAL) (NOAH BERKE)
PUBLIC WORKS COMMITTEE ACTION: Approved on consent
FUNDING SOURCE:
SPECIAL CONDITIONS/ AMENDMENTS/ STAFF FOLLOW UP:
VOTE
FOR
AGAINST
ABSTAIN
CHAIRPERSON IVES COUNCILOR MAESTAS
X
COUNCILOR RIVERA
X
COUNCILOR TRUJILLO
X
COUNCILOR VILLARREAL
X
2
City of Santa Fe, New Mexico LEGISLATIVE SUMMARY Bill No. 2017-39 Public Posting of Construction Permits SPONSOR(S):
Councilors Lindell, Villarreal, Ives and Dominguez
SUMMARY:
The proposed bill would require public posting of pennits for construction that occurs on prope11y that does not abut public streets or roads.
PREPARED BY:
Jesse Guillen, Legislative Liaison
FISCAL IMP ACT: No
DATE:
October 17, 2017
ATTACHMENTS:
Resolution FIR
3
1
CITY OF SANTA FE, NEW MEXICO
2
BILL NO. 2017-39
3
INTRODUCED BY:
4
5
Councilor Signe I. Lindell
6
Councilor Renee D. Villarreal
7
Councilor Peter N. Ives
8
Councilor Carmichael A. Dominguez
9 10
AN ORDINANCE
11
AMENDING SECTION 14-3.ll(B) OF THE LAND DEVELOPMENT CODE TO
12
REQUIRE PUBLIC POSTING OF CONSTRUCTION PERMITS FOR PROPERTIES
13
THAT DO NOT ABUT PUBLIC STREETS OR ROADS.
14 15
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SANTA FE:
16 17
18 19
20
Section l.
Subsection 14-3.ll(B) of the Land Development Code is amended to
read: (B) (])
General Procedures Applications and Approvals (a)
All applications for construction permits pursuant to this section
21
shall include plans and other documentation as required by
22
the land use director that show compliance with the applicable
23
provisions of Chapter 14 as provided in Section 14-3 .1 (C) (Form
24
of Application).
25
(b)
A construction permit shall not be approved until it is determined
1
4
1
that the construction or other development activity authorized by
2
the permit complies with all applicable provisions of Chapter 14
3
and applicable state and federal laws and regulations.
4
(c)
The approval of construction permits by the land use director or
5
other city officials shall be coordinated with the approval
6
of permits required by other agencies.
7
(d)
The land use director shall retain one approved set of plans in
8
the city's records for not less than ten years, use one set of plans
9
for inspections and enforcement and return one set of plans to
10 11
the applicant after they are reviewed and approved. (2)
Amendments to Applications
12
Any change from the approved site plans or floor plans shall first be
13
approved by the land use director and shall be submitted in writing and
14
approved prior to commencement of any construction related to the
15
proposed amendment.
16
(3)
17
Expiration, Extension and Renewal For
expiration
of
construction permits see
Section
7-1.6
SFCC
18
1987. The land use director may adopt procedures for the extension and
19
renewal of construction permits consistent with the provisions of Section
20
7-1.6 SFCC 1987.
21
(4)
Record of Construction Permits
22
The land use director shall maintain a record of all construction permits,
23
including the person to whom the permit is issued, the address, the date
24
of issuance, the proposed use, the square footage of buildings constructed
25
or altered and the type of construction. The record shall be retained in
2
5
1
the city's records for not less than fifty years. Permit copies or summary
2
records for secondary construction permits such as plumbing, mechanical
3
and electrical permits shall be retained for not less than ten years.
4
(5)
Posting of Construction Permits
5
Within twenty-four hours after issuance of a construction permit,
6
the applicant shall post the property for which the permit has been issued
7
with posters obtained from the land use director. One or more posters
8
shall be prominently displayed, readable from each public and private
9
road abutting the property, and securely placed on the property. If
10
the property does
11
director [may]
12
public streets or
13
public. Placement of the posters shall be in such a manner as not to
14
compromise public safety. The posters shall remain in place until after
15
the completion and final inspection of all work covered by the permit.
16
(6)
not abut a shall
public street or
require
roads
to
additional provide
road,
posters
effective
the land within
notice
use
nearby to
the
Compliance with Permit Requirements
17
No construction or other development for which a permit is required shall
18
be done prior to obtaining the permit. All work shall comply with the
19
provisions of the approved permit.
20
(7)
Combined Permits
21
The land use director may require separate construction permits for each
22
of the categories of development identified in this section or may issue a
23
combined construction permit for two or more of the categories.
24 25
3
6
1
APPROVED AS TO FORM:
2 3 4
KELLEY A BRENNAN, CITY ATTORNEY
5
6 7 8 9
10 11
12 13 14
15 16 17 18
19
20 21
22 23 24 25
M/Legislation/Bills 2017/Public Posting of Construction Permits
4
7
FIR No.
City of Santa Fe Fiscal Impact Report (FIR) This Fiscal Impact Report (FIR) shall be completed for each proposed bill or resolution as to its direct impact upon the City's operating budget and is intended for use by any of the standing committees of and the Governing Body of the City of Santa Fe. Bills or resolutions with no fiscal impact still require a completed FIR. Bills or resolutions with a fiscal impact must be reviewed by the Finance Committee. Bills or resolutions without a fiscal impact generally do not require review by the Finance Committee unless the subject of the bill or resolution is financial in nature. Section A.
General Information
(Check) Bill: X Resolution: _ _ _ __ (A single FIR may be used for related bills and/or resolutions) Short Title(s): AN ORDINANCE AMENDING SECTION 14-3.ll{B} OF THE LAND USE DEVELOPMENT CODE TO REQUIRE PUBLIC POSTING OF CONSTRUCTION PERMITS FOR PROPERTIES THAT DO NOT ABUT PUBLIC STREETS OR ROADS. Sponsor(s): Councilors Lindell and Villarreal Reviewing Department(s): =L~an=d~U~s~e~D~e-p~a~rt=m~e~n~t_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ ~ ~ - - ' r - ' - r - - - - - - - Date: I 0/17 /17
Reviewed by City Attorney,
Phone: ~95~5~-6~6~4~7_ _ _ __
Date, ----------=--+-~-~-
Reviewed by Finance Director: -~""-"'----'"----1---=-------Date:
Iof I I ITI!t1 !{) 'I If .
a
Section B. Summary Briefly explain the purpose and major provisions of the bill/resolution: This bill would require the posting of construction permits viewable to the public for construction on property that does not abut a public street or road. Currently, public posting of such a construction permit is at the discretion of the Land Use Director.
Section C. Fiscal Impact Note: Financial information on this FIR does not directly translate into a City of Santa Fe budget increase. For a budget increase, the following are required: a. The item must be on the agenda at the Finance Committee and City Council as a "Request for Approval of a City of Santa Fe Budget Increase" with a definitive funding source (could be same item and same time as bill/resolution) b. Detailed budget information must be attached as to fund, business units, and line item, amounts, and explanations (similar to annual requests for budget) c. Detailed personnel forms must be attached as to range, salary, and benefit allocation and signed by Human Resource Department for each new position(s) requested (prorated for period to be employed by fiscal year)* 1. Projected Expenditures: a. Indicate Fiscal Year(s) affected - usually current fiscal year and following fiscal year (i.e., FY 03/04 and FY 04/05) b. Indicate: "A" if current budget and level of staffing will absorb the costs "N" if new, additional, or increased budget or staffing will be required c. Indicate: "R" - if recurring annual costs "NR" if one-time, non-recurring costs, such as start-up, contract or equipment costs d. Attach additional projection schedules if two years does not adequately project revenue and cost patterns e. Costs may be netted or shown as an offset if some cost savings are projected (explain in Section 3 Narrative)
Finance Director: - - - -
8
--~Xc.o.__ _ Check here ifno fiscal impact Column#:
2
3 "A" Costs Absorbed or"N" New Budget Required
5 FY - - -
4
"R" Costs Recurring or"NR" Nonrecurring
Expenditure Classification
FY
Personnel*
$
$
Fringe**
$
$
Capital Outlay
$
$
Land/ Building
$
$
Professional Services
$
$
All Other Operating Costs
$
$
Total:
$
$
6 "A" Costs Absorbed or"N" New Budget Required
7 "R" Costs Recurring or"NR" Nonrecurring
8 Fund Affected
* Any indication that additional staffing would be required must be reviewed and approved in advance by the City Manager by attached memo before release of FIR to committees. **For fringe benefits contact the Finance Dept.
2. Revenue Sources: a. To indicate new revenues and/or b. Required for costs for which new expenditure budget is proposed above in item I. Column#:
2
Type of Revenue
FY
3 "R" Costs Recurring or"NR" Nonrecurring
4
5 "R" Costs Recurring or "NR" Nonrecurring
FY
6 Fund Affected
$
Total:
$
$
$
$
$
$
2
Form adopted: 01/12/05; revised 8/24/05; revised 4/17/08
9
3. Expenditure/Revenue Narrative:
Explain revenue source(s). Include revenue calculations, grant(s) available, anticipated date of receipt of revenues/grants, etc. Explain expenditures, grant match(s), justify personnel increase(s), detail capital and operating uses, etc. (Attach supplemental page, if necessary.) NIA
===================================================-=====-----===============----Section D.
General Narrative
1. Conflicts: Does this proposed bill/resolution duplicate/conflict with/companion to/relate to any City code, approved ordinance or resolution, other adopted policies or proposed legislation? Include details of city adopted laws/ordinance/resolutions and dates. Summarize the relationships, conflicts or overlaps.
None identified. 2. Consequences of Not Enacting This Bill/Resolution:
Are there consequences of not enacting this bill/resolution? If so, describe. Status uo. 3. Technical Issues:
Are there incorrect citations of law, drafting errors or other problems? Are there any amendments that should be considered? Are there any other alternatives which should be considered? If so, describe. None identified. 4. Community Impact:
Briefly describe the major positive or negative effects the Bill/Resolution might have on the community including, but not limited to, businesses, neighborhoods, families, children and youth, social service providers and other institutions such as schools, churches, etc. This bill is in response to concerns from the public about construction occurring without proper display of construction permits. The permits were displayed per the code, but because the construction occurred in a gated community and the property did not abut a public street or road, no construction permit was visible to the general public. This bill would require public placement of the permit regardless of whether or not the construction abuts a public street or road.
3
Form adopted: 01/12/05; revised 8/24/05; revised 4/17/08
10
12/07/17 12/11/17 12/13/17 1/10/18
None
FINANCE COMMITTEE ACTION: Approve as discussion item.
FUNDING SOURCE: SPECIAL CONDITIONS OR AMENDMENTS
STAFF FOLLOW-UP: Direction to Staff VOTE COUNCILOR VILLARREAL COUNCILOR IVES COUNCILOR LINDELL COUNCILOR HARRIS
FOR
AGAINST
ABSTAIN
X Absent
X X
CHAIRPERSON DOMINGUEZ 4-13-17
1
ACTION SHEET ITEM FROM THE PUBLIC WORKS/CIP AND LAND USE COMMITTEE MEETING OF MONDAY, DECEMBER 11, 2017
ITEM 14 REQUEST FOR APPROV,\L OF I\N ORDin\NCE 1\MENDING SECTION 14-3.1 l(B) or TI IE L\ND DEVE.LOPMENT CODE TO REQL'IRE PUBLIC POSTING OF CONSTRUCTION PERIV1ITS FOR PROPERTIES TI-L\T DO NOT 1\Bt'T PUBLIC STREETS OR ROADS (COUNCILORS LINDELL AND VILLARREAL) (NOAH BERKE)
PUBLIC WORKS COMMITTEE ACTION: Approved on consent
FUNDING SOURCE:
SPECIAL CONDITIONS/ AMENDMENTS/ STAFF FOLLOW UP:
VOTE
FOR
AGAINST
ABSTAIN
CHAIRPERSON IVES COUNCILOR MAESTAS
X
COUNCILOR RIVERA
X
COUNCILOR TRUJILLO
X
COUNCILOR VILLARREAL
X
2
City of Santa Fe, New Mexico LEGISLATIVE SUMMARY Bill No. 2017-39 Public Posting of Construction Permits SPONSOR(S):
Councilors Lindell, Villarreal, Ives and Dominguez
SUMMARY:
The proposed bill would require public posting of pennits for construction that occurs on prope11y that does not abut public streets or roads.
PREPARED BY:
Jesse Guillen, Legislative Liaison
FISCAL IMP ACT: No
DATE:
October 17, 2017
ATTACHMENTS:
Resolution FIR
3
1
CITY OF SANTA FE, NEW MEXICO
2
BILL NO. 2017-39
3
INTRODUCED BY:
4
5
Councilor Signe I. Lindell
6
Councilor Renee D. Villarreal
7
Councilor Peter N. Ives
8
Councilor Carmichael A. Dominguez
9 10
AN ORDINANCE
11
AMENDING SECTION 14-3.ll(B) OF THE LAND DEVELOPMENT CODE TO
12
REQUIRE PUBLIC POSTING OF CONSTRUCTION PERMITS FOR PROPERTIES
13
THAT DO NOT ABUT PUBLIC STREETS OR ROADS.
14 15
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SANTA FE:
16 17
18 19
20
Section l.
Subsection 14-3.ll(B) of the Land Development Code is amended to
read: (B) (])
General Procedures Applications and Approvals (a)
All applications for construction permits pursuant to this section
21
shall include plans and other documentation as required by
22
the land use director that show compliance with the applicable
23
provisions of Chapter 14 as provided in Section 14-3 .1 (C) (Form
24
of Application).
25
(b)
A construction permit shall not be approved until it is determined
1
4
1
that the construction or other development activity authorized by
2
the permit complies with all applicable provisions of Chapter 14
3
and applicable state and federal laws and regulations.
4
(c)
The approval of construction permits by the land use director or
5
other city officials shall be coordinated with the approval
6
of permits required by other agencies.
7
(d)
The land use director shall retain one approved set of plans in
8
the city's records for not less than ten years, use one set of plans
9
for inspections and enforcement and return one set of plans to
10 11
the applicant after they are reviewed and approved. (2)
Amendments to Applications
12
Any change from the approved site plans or floor plans shall first be
13
approved by the land use director and shall be submitted in writing and
14
approved prior to commencement of any construction related to the
15
proposed amendment.
16
(3)
17
Expiration, Extension and Renewal For
expiration
of
construction permits see
Section
7-1.6
SFCC
18
1987. The land use director may adopt procedures for the extension and
19
renewal of construction permits consistent with the provisions of Section
20
7-1.6 SFCC 1987.
21
(4)
Record of Construction Permits
22
The land use director shall maintain a record of all construction permits,
23
including the person to whom the permit is issued, the address, the date
24
of issuance, the proposed use, the square footage of buildings constructed
25
or altered and the type of construction. The record shall be retained in
2
5
1
the city's records for not less than fifty years. Permit copies or summary
2
records for secondary construction permits such as plumbing, mechanical
3
and electrical permits shall be retained for not less than ten years.
4
(5)
Posting of Construction Permits
5
Within twenty-four hours after issuance of a construction permit,
6
the applicant shall post the property for which the permit has been issued
7
with posters obtained from the land use director. One or more posters
8
shall be prominently displayed, readable from each public and private
9
road abutting the property, and securely placed on the property. If
10
the property does
11
director [may]
12
public streets or
13
public. Placement of the posters shall be in such a manner as not to
14
compromise public safety. The posters shall remain in place until after
15
the completion and final inspection of all work covered by the permit.
16
(6)
not abut a shall
public street or
require
roads
to
additional provide
road,
posters
effective
the land within
notice
use
nearby to
the
Compliance with Permit Requirements
17
No construction or other development for which a permit is required shall
18
be done prior to obtaining the permit. All work shall comply with the
19
provisions of the approved permit.
20
(7)
Combined Permits
21
The land use director may require separate construction permits for each
22
of the categories of development identified in this section or may issue a
23
combined construction permit for two or more of the categories.
24 25
3
6
1
APPROVED AS TO FORM:
2 3 4
KELLEY A BRENNAN, CITY ATTORNEY
5
6 7 8 9
10 11
12 13 14
15 16 17 18
19
20 21
22 23 24 25
M/Legislation/Bills 2017/Public Posting of Construction Permits
4
7
FIR No.
City of Santa Fe Fiscal Impact Report (FIR) This Fiscal Impact Report (FIR) shall be completed for each proposed bill or resolution as to its direct impact upon the City's operating budget and is intended for use by any of the standing committees of and the Governing Body of the City of Santa Fe. Bills or resolutions with no fiscal impact still require a completed FIR. Bills or resolutions with a fiscal impact must be reviewed by the Finance Committee. Bills or resolutions without a fiscal impact generally do not require review by the Finance Committee unless the subject of the bill or resolution is financial in nature. Section A.
General Information
(Check) Bill: X Resolution: _ _ _ __ (A single FIR may be used for related bills and/or resolutions) Short Title(s): AN ORDINANCE AMENDING SECTION 14-3.ll{B} OF THE LAND USE DEVELOPMENT CODE TO REQUIRE PUBLIC POSTING OF CONSTRUCTION PERMITS FOR PROPERTIES THAT DO NOT ABUT PUBLIC STREETS OR ROADS. Sponsor(s): Councilors Lindell and Villarreal Reviewing Department(s): =L~an=d~U~s~e~D~e-p~a~rt=m~e~n~t_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ ~ ~ - - ' r - ' - r - - - - - - - Date: I 0/17 /17
Reviewed by City Attorney,
Phone: ~95~5~-6~6~4~7_ _ _ __
Date, ----------=--+-~-~-
Reviewed by Finance Director: -~""-"'----'"----1---=-------Date:
Iof I I ITI!t1 !{) 'I If .
a
Section B. Summary Briefly explain the purpose and major provisions of the bill/resolution: This bill would require the posting of construction permits viewable to the public for construction on property that does not abut a public street or road. Currently, public posting of such a construction permit is at the discretion of the Land Use Director.
Section C. Fiscal Impact Note: Financial information on this FIR does not directly translate into a City of Santa Fe budget increase. For a budget increase, the following are required: a. The item must be on the agenda at the Finance Committee and City Council as a "Request for Approval of a City of Santa Fe Budget Increase" with a definitive funding source (could be same item and same time as bill/resolution) b. Detailed budget information must be attached as to fund, business units, and line item, amounts, and explanations (similar to annual requests for budget) c. Detailed personnel forms must be attached as to range, salary, and benefit allocation and signed by Human Resource Department for each new position(s) requested (prorated for period to be employed by fiscal year)* 1. Projected Expenditures: a. Indicate Fiscal Year(s) affected - usually current fiscal year and following fiscal year (i.e., FY 03/04 and FY 04/05) b. Indicate: "A" if current budget and level of staffing will absorb the costs "N" if new, additional, or increased budget or staffing will be required c. Indicate: "R" - if recurring annual costs "NR" if one-time, non-recurring costs, such as start-up, contract or equipment costs d. Attach additional projection schedules if two years does not adequately project revenue and cost patterns e. Costs may be netted or shown as an offset if some cost savings are projected (explain in Section 3 Narrative)
Finance Director: - - - -
8
--~Xc.o.__ _ Check here ifno fiscal impact Column#:
2
3 "A" Costs Absorbed or"N" New Budget Required
5 FY - - -
4
"R" Costs Recurring or"NR" Nonrecurring
Expenditure Classification
FY
Personnel*
$
$
Fringe**
$
$
Capital Outlay
$
$
Land/ Building
$
$
Professional Services
$
$
All Other Operating Costs
$
$
Total:
$
$
6 "A" Costs Absorbed or"N" New Budget Required
7 "R" Costs Recurring or"NR" Nonrecurring
8 Fund Affected
* Any indication that additional staffing would be required must be reviewed and approved in advance by the City Manager by attached memo before release of FIR to committees. **For fringe benefits contact the Finance Dept.
2. Revenue Sources: a. To indicate new revenues and/or b. Required for costs for which new expenditure budget is proposed above in item I. Column#:
2
Type of Revenue
FY
3 "R" Costs Recurring or"NR" Nonrecurring
4
5 "R" Costs Recurring or "NR" Nonrecurring
FY
6 Fund Affected
$
Total:
$
$
$
$
$
$
2
Form adopted: 01/12/05; revised 8/24/05; revised 4/17/08
9
3. Expenditure/Revenue Narrative:
Explain revenue source(s). Include revenue calculations, grant(s) available, anticipated date of receipt of revenues/grants, etc. Explain expenditures, grant match(s), justify personnel increase(s), detail capital and operating uses, etc. (Attach supplemental page, if necessary.) NIA
===================================================-=====-----===============----Section D.
General Narrative
1. Conflicts: Does this proposed bill/resolution duplicate/conflict with/companion to/relate to any City code, approved ordinance or resolution, other adopted policies or proposed legislation? Include details of city adopted laws/ordinance/resolutions and dates. Summarize the relationships, conflicts or overlaps.
None identified. 2. Consequences of Not Enacting This Bill/Resolution:
Are there consequences of not enacting this bill/resolution? If so, describe. Status uo. 3. Technical Issues:
Are there incorrect citations of law, drafting errors or other problems? Are there any amendments that should be considered? Are there any other alternatives which should be considered? If so, describe. None identified. 4. Community Impact:
Briefly describe the major positive or negative effects the Bill/Resolution might have on the community including, but not limited to, businesses, neighborhoods, families, children and youth, social service providers and other institutions such as schools, churches, etc. This bill is in response to concerns from the public about construction occurring without proper display of construction permits. The permits were displayed per the code, but because the construction occurred in a gated community and the property did not abut a public street or road, no construction permit was visible to the general public. This bill would require public placement of the permit regardless of whether or not the construction abuts a public street or road.
3
Form adopted: 01/12/05; revised 8/24/05; revised 4/17/08
10
