Merced Municipal Code Art. II Additional Regulations

Editor's note— Ord. No. 2413, § 3, adopted Nov. 18, 2013, repealed § 17.04.030, which pertained to move-in inspections—moving and demolition permits and derived from prior code, § 8.2; Ord. 1539, § 4, adopted 1984; and Ord. 2016, § 2, adopted 1999.

For the purposes of Sections 17.04.060 through 17.04.080, "full public improvements" includes, but is not limited to, street trees, utility services, curbs, gutters, sidewalks, and driveway approaches.

(Ord. 1305 § 1 (part), 1980: Ord. 1275 § 1 (part), 1979: prior code § 8.9 (part)).

For purposes of Sections 17.04.060 through 17.04.080 "new construction" means:

A. All new buildings or structures;

B. All new property development including parking lots;

C. Any building or structure altered or expanded in excess of fifty (50) percent of the value of such building structure;

D. Any alteration or expansion with a permit value in excess of one hundred thousand dollars ($100,000.00) with annual adjustment to the CPI annually on January 1; and,

1. The value in subsection D above shall not include any of the following items: Accessibility upgrades, rooftop solar installations, installation of fire sprinklers and maintenance items including, but not limited to, reroofing, replacement of mechanical equipment and energy efficiency upgrades.

E. Any work on a building or structure to change the occupancy to a more hazardous use and which requires a building permit.

F. The department head for development services has the discretion to make adjustments to the valuation with due cause.

(Ord. 1460 § 1, 1982: Ord. 1305 § 1 (part), 1980: Ord. 1275 § 1 (part), 1979: prior code § 8.9 (part)).

(Ord. No. 2413, § 4, 11-18-2013; Ord. No. 2467, § 3, 12-5-2016, eff. 1-4-2017; Ord. No. 2506, § 3, 11-18-2019)

Before a certificate of final inspection is issued on any new construction, full public improvements shall be installed and streets shall be dedicated in conformance with the standard specifications of the city and in accordance with the adopted general and specific plans and applicable plan lines of the city.

(Ord. 1548 § 2, 1984: Ord. 1305 § 1 (part), 1980: Ord. 1275 § 1 (part), 1979: prior code § 8.9 (part)).

Notwithstanding Section 17.04.060, construction of full public improvements may be deferred if, in the opinion of the city engineer, it would be impractical or infeasible to require full public improvements before final inspection. In those instances where full public improvements are to be deferred, the developer or owner shall supply a bond or other good and sufficient security or a letter of agreement to waive their right of protest and participate in an improvement district which in the opinion of the city attorney will adequately guarantee the future construction of the improvements.

(Ord. 1305 § 1 (part), 1980: Ord. 1275 § 1 (part), 1979: prior code § 8.9 (part)).

Notwithstanding Section 17.04.060, on parcels of five (5) acres or more, where new construction is planned on only a portion of the property, the public improvements may be limited, upon approval of the city engineer, to that portion of the property where the new construction is planned.

(Ord. 1305 § 1 (part), 1980: Ord. 1275 § 1 (part), 1979: prior code § 8.9 (part)).

Lots shall be provided with adequate drainage and shall be graded so as to drain surface water away from foundation walls not unto any adjacent lot(s) and toward approved point of disposal.

(Ord. 2016 § 3, 1999: Ord. 1539 § 5, 1984: prior code § 8.10).

No permit shall be issued to any person to do or cause to be done any construction work on commercial or industrial projects regulated by this chapter, except to a person holding a valid unexpired and unrevoked California contractor's license and city contractor's business license except when and as otherwise provided in this chapter.

(Ord. 1697 § 4, 1987).

Notwithstanding any other provision of this code, the fees for residential construction of new buildings and structures identified in Sections 8.04.235, 15.16.030, 15.16.040, 15.16.050, 15.16.055, 15.16.070, 15.36.160. 15.40.070, 15.08.130, and 17.58.020 may, at the request of the owner, be postponed until the date of final inspection or the date a certificate of occupancy is issued, whichever occurs first, subject to the following:

1. By exercising the postponement of payment, the applicant and owner agree and consent to any action by the city to deny approval of or to disconnect all utilities upon a breach of any condition by the applicant or owner. All fees are required to be paid prior to final inspection or issuance of the certificate of occupancy, whichever comes first.

2. If the fees are not paid within one (1) year from issuance of the building permit, the owner agrees to pay the fee in effect at the time of final inspection or issuance of the certificate of occupancy.

(Ord. 1857 § 1, 1993: Ord. 1837 § 1, 1992).

(Ord. No. 2413, § 5, 11-18-2013; Ord. No. 2467, § 4, 12-5-2016, eff. 1-4-2017; Ord. No. 2506, § 4, 11-18-2019)

Notwithstanding any other provision of this code, the fees for nonresidential construction of new buildings and structures identified in Sections 15.16.030, 15.16.040, 15.16.050, 15.16.055, 15.16.070, 15.36.160, 15.40.070, 15.08.130, and 17.58.020 may, at the request of the owner, be postponed until the date of final inspection or the date a certificate of occupancy is issued, whichever occurs first, subject to the following:

1. An additional two (2) percent of the above fees to cover administrative costs is paid at the time of application for a building permit.

2. A contract is executed allowing the city to deny approval of or to disconnect utilities upon a breach by the owner.

3. If the fees are not paid within one (1) year from issuance of the building permit, the owner agrees to pay the fee in effect at the time of final inspection or issuance of the certificate of occupancy.

(Ord. 1857 § 2, 1993: Ord. 1845 § 1, 1993).

(Ord. No. 2413, § 6, 11-18-2013; Ord. No. 2467, § 5, 12-5-2016, eff. 1-4-2017; Ord. No. 2506, § 5, 11-18-2019)

Fees for permits required under this title shall be adopted by resolution of the city council.

(Ord. 2294 § 7, 2007: Ord. 2100 § 1, 2002; Ord. 1987 § 2, 1998: Ord. 1923 § 2, 1996).