San Carlos lacks enforcement of construction time limit penalties

The building department has granted many extensions, however, through an informal building code process that simply requires a phone call or email asking for more time.

Valley said most of the projects that seek extensions are “moving along at a reasonable pace,” and as long as they meet their inspection requirements to maintain permits, the building department tries to be as accommodating as possible.

“Our customer service policy is to help people first and avoid punitive measures unless absolutely necessary,” he said.

Mark Albertson, who lives on Coronado Avenue close to a single-family home that is still under construction after it was initially granted permits in 2018, said he brought the matter to the attention of Councilmember Adam Rak who then requested the City Council to study the matter.

“I think the city has an obligation, at some point, to protect the quality of life for the residents that live there,” Albertson said. “When you have a house that takes over six years to build, that’s not looking out for the interests of the neighborhood.”

More than the frustrations of long construction times, Albertson said he doesn’t understand why there is an ordinance if it will not be enacted.

“Right now, it doesn’t appear like there are any checks and balances,” Albertson said. “Part of my motivation for calling attention to this is, I don’t want this to happen to me again, and I wouldn’t want it to happen to anybody that lives in San Carlos. But right now, it could.”

The ordinance has estimated time lengths of construction depending on the value of the development being considered, typically granting more time for larger complexes. However, Valley said single-use family homes may have other factors that could affect the duration of the project.

Common causes for delays include time associated with utility hookups through PG&E, which Valley said could take around nine to 12 months for single-family residential projects and have been documented taking up nearly four years for a mixed-used development.

Valley also said owner builder projects can often require more time than those working with a contractor. Of the 600 owner builder developments he has seen in the past four years, around half of these residents end up hiring a contractor that can add more time to complete the project.

“Complexity comes in many shapes and sizes,” Valley said. “It is essential that property owners as part of their due diligence take the time to check at least three references before selecting a contractor to avoid unnecessary project delays.”

The Construction Time Limits ordinance outlines that 0.5% of the valuation of the development, determined when permits are granted, will be fined for the first 60-day extension, 1% of the valuation for the second 60-day extension and 1.5% of the valuation for the third.

There is also a fine for construction that goes beyond requested extensions, after a 30-day grace period. If a development’s completion continues to extend beyond its permitted time length, from the 31st day to 60th day, a fine of 0.01% of the development’s valuation will accrue per day.

“This is not a one size fits all,” Valley said. “This is where the discretionary authority of the building official comes into play to navigate these scenarios.”

The pandemic has also had significant influence on the duration of construction since the ordinance was approved by the council, Valley said, citing supply chain disruptions, workforce shortages and unideal economic statuses.

City Manager Jeff Maltbie said the ordinance was adopted to be used in more drastic measures than what they’ve witnessed from the developments constructed in recent years.

“Thankfully, in the building community, you’re dealing with parties motivated to get their projects done,” Maltbie said. “It’s rare that we run into bad actors.”

ana@smdailyjournal.com

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