SR 10-15-2019 7A 400-016
City Council
Report
City Council Meeting: October 15, 2019
Agenda Item: 7.A
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To: Mayor and City Council
From: David Martin, Director, City Planning
Subject: Introduction and First Reading of an Ordinance Amending Section
8.08.060(b) and Adding Chapter 8.98 to the Municipal Code Establishing
Requirements for Construction Management Plans
Recommended Action
Staff recommends that the City Council introduce for first reading the attached
ordinance amending Santa Monica Municipal Code Section 8.08.060(b) and adding
Chapter 8.98 to the Santa Monica Municipal Code establishing requirements for
Construction Management Plans.
Executive Summary
The City of Santa Monica works with developers to identify and mitigate impacts to
traffic and access that are necessary as part of the development of new buildings and
housing. The City is committed to ensuring that any potential disruptions to the
community associated with construction activity are minimized. Currently, however,
there is no formal process for comprehensively addressing these issues for construction
projects with the highest potential to impact businesses, residents, and the traveling
public.
In the absence of a Municipal Code requirement for the submittal of a Construction
Management Plan (CMP), the requirement has largely been imposed through conditions
of approval on discretionary Planning permits, such as Development Agreements and
Development Review Permits. However, new construction can also be approved
through an administrative process, which can result in similar temporary construction
impacts. As a result, staff is initiating an ordinance that would require projects with
potential temporary nuisances and impacts to submit a comprehensive Construction
Management Plan for review and approval prior to the issuance of a building permit.
The proposed ordinance would identify the types of projects that would require a CMP,
identify procedures for the preparation and review of a CMP, and provide a guideline for
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the requirements of a CMP to allow a comprehensive approach for communicating
measures and expectations of each construction site.
While this will add a new regulatory requirement to an already challenging framework
for development of new housing and infill development, formalizing the process should
clarify expectations; reduce contentious construction site conflicts; an d mitigate adverse
construction impacts.
Background
As a developed city with few vacant parcels, construction work is often in close
proximity to existing residences and businesses. Builders coordinate dirt hauling,
building material deliveries, and carefully time each phase of the construction for the
project site. After a building permit is issued, there are a variety of construction
components that are reviewed by the City on an as-needed basis by a variety of
divisions as noted below:
Traffic Engineering & Mobility Divisions
• Truck hauling routes
• Temporary Traffic Control Plans when construction impacts the right-of-way
(sidewalk, auto travel lanes, parking lanes, bicycle lanes, alleys)
• Coordination with Big Blue Bus, Fire Department, and Police Safety
Building & Safety Division
• After-Hours Construction Permits
• Fencing and security of the construction premises
• Temporary structures/facilities (construction trailers, restrooms)
• Dust mitigation, noise ordinance, and site maintenance
City Planning Division
• Mitigation measures pursuant to California Environmental Quality Act
• Development entitlements and associated conditions of approval
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Public Works Department
• Use of public rights-of-way
• City tree protection measures
• Construction crane permits
• Utility service connections
• Refuse disposal
Currently, the submittal of a CMP is required only for limited projects with approved
entitlements (Development Review Permits and Development Agreements) that specify
the requirement of a Construction Management Plan as a condition of the approval or,
pursuant to SMMC Section 9.24.030(L), for any condominium project. However, in the
absence of a general requirement for CMP submittals, there are sizeable developments
that do not provide the construction activity inform ation in advance of the building permit
issuance. As such, there are missed opportunities to review and apply measures that
could alleviate potential construction impacts associated with construction.
Discussion
In an effort to integrate CMP submittal requirements for applicable development
projects, staff has initiated an ordinance to establish project thresholds that would
require developers to submit a CMP to improve construction coordination throughout
the City and enhance public communication.
The CMP Ordinance shall apply to projects that meet both of the following criteria:
(a) The project includes:
(1) Construction of 7,500 square feet or more of new or additional
nonresidential floor area;
(2) Construction of 16 or more new or additional residential units; or
(3) Construction of 1,000 or more square feet of new or additional
nonresidential floor area within the Downtown Community Plan area.
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(b) The project entails excavation or hauling by vehicles of dirt or construction materials to
or from the project site that involves closure of or access to the public right of way,
including any public street, roadway, parkway, alley, sidewalk, or pedestrian path.
The above thresholds would exclude single-unit dwellings in the R1 district and multi-
unit dwellings in the R2/R3/R4 and Ocean Park districts of smaller scale and shorter
construction periods. Furthermore, projects with 2 or more dwelling units in R2, R3, R4,
OF, RMH, OPD, OP2, OP3, and OP4 Districts in the City will continue to be subject to
the City’s Construction Rate Program (SMMC Section 9.37.110), which limits only one
such construction within a 500-foot radius for a 15-month period. The threshold for the
Downtown are proposed to be smaller as the potential for temporary impacts and
nuisances are greater with higher density, multiple modes of transportation, prevalent
pedestrian/sidewalk and bicycle use, and higher vehicular movements in the area.
The proposed ordinance would require developers to provide a comprehensive CMP for
review and approval by the Planning and Community Development Director or his/her
designee. CMP submittal requirements would be promulgated by the Director and
would include, but not be limited to, information regarding:
• project timeline & milestones,
• contact information,
• truck hauling routes,
• delivery schedules,
• materials staging/storage,
• anticipated periods for road/sidewalk/bicycle lane closures,
• security plans,
• construction worker parking locations,
• after-hours construction requests and
• temporary facilities such as restrooms and refuse pick-up areas.
The developer would also be required to produce and document methods for
communication that properly notify impacted neighbors in advance and methods for
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addressing construction related complaints. The CMP would allow city staff to foresee
the coordination of multiple projects and assist in better serving the public with
construction related concerns.
Staff from the Planning & Community Development and Public Works departments have
collaborated to develop the proposed ordinance thresholds that would require the
submittal of a CMP.
Environmental Analysis
A Construction Management Plan Ordinance as discussed above would be exempt
from the provisions of the California Environmental Quality Act (CEQA) pursuan t to
CEQA Guidelines, Section 15061(b)(3) of the State Implementation Guidelines
(common sense exemption). Based on the evidence in the record, the ordinance
creates a procedural requirement for submittal of a Construction Management Plan and
therefore, it can be seen with certainty that there is no possibility that the proposed
ordinance may have a significant effect on the environment. Therefore, no further
environmental review under CEQA is required.
Financial Impacts and Budget Actions
There are no immediate financial impacts or budget actions necessary as a result of the
recommended action. As CMP submittals become more frequent, staff will evaluate
whether staff time to review the submittals also increases. Additional revenue is not
anticipated to be generated as a result of this new ordinance since CMP review is
currently incorporated into the plan review process, if applicable. If significant staff time
is being spent on review and coordination of CMPs, a future cost recover fee study may
include a new CMP review fee to account for staff time.
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Prepared By: Grace Page, Senior Planner
Approved
Forwarded to Council
Attachments:
A. PCD - Ordinance - Construction Mitigation - 10.15.2019
B. Written Comments
C. PowerPoint Presentation
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City Council Meeting: October 15, 2019 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION
8.08.060(b) AND ADDING CHAPTER 8.98 TO REQUIRE SUBMISSION OF
CONSTRUCTION MANAGEMENT PLANS FOR CERTAIN CONSTRUCTION
PROJECTS
WHEREAS, construction activity has temporary impacts on surrounding residents,
businesses, and commuters; and
WHEREAS, such impacts may include but are not limited to traffic impacts, parking
impacts, and noise impacts; and
WHEREAS, requiring an applicant for a building permits to submit a
comprehensive Construction Management Plan for review and approval before in
advance will enable the City to work with the applicant to identify impacts proactively
before demolition and construction activity begin; and
WHEREAS, a comprehensive Construction Management Plan will also enable
applicants to communicate with potentially impacted residents, businesses, and
commuters in advance of demolition and construction activity.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 8.08.060(b) is amended as
follows:
8.08.060 Permit application.
(a) Application. To obtain a permit, the applicant shall first file an application in
writing on a form furnished by the Building Officer for that purpose. Every such application
shall identify and describe the work to be covered by the permit for which each application
is made, the responsible party for the work and such oth er information that the Building
Officer may require to show conformance to applicable laws and regulations. When an
architect or engineer prepares or is required to prepare submittal documents, the
application shall designate the architect and/or engineer of record.
(b) Submittal Documents. When required by the Building Officer, plans,
specifications, engineering calculations, diagrams, soil investigation reports, sound tests,
material tests, Construction Management Plans, special inspection and structural
observation programs and other data shall be submitted with each application for a
permit. When an architect or engineer does not prepare such plans, the Building Officer
may require the applicant submitting such plans or other data to demonstrate that State
law does not require that a licensed architect or engineer prepare the plans before
accepting submittal documents or permit application.
Deferral of any submittal items shall require prior approval of the Building Officer.
If the Building Officer approves the deferral of submittals to a time after permit issuance,
the approved plans shall list the deferred submittals. The deferred submittal items shall
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not be installed until the Building Officer has approved their design and submittal
documents.
Deferral of any submittal items shall require prior approval of the Building Officer.
If the Building Officer approves the deferral of submittals to a time after permit issuance,
the approved plans shall list the deferred submittals. The deferred submittal item s shall
not be installed until the Building Officer has approved their design and submittal
documents.
(c) Investigation. Whenever work for which a permit is required by this Chapter
has been commenced without first obtaining a permit, a special investigation shall be
made before a permit may be issued for such work when so ordered by the Building
Officer.
(d) Information on Plans and Specifications. Plans and specifications shall be
drawn to scale and shall be of sufficient clarity to indicate the location, nature and extent
of the work proposed and show in detail that it will conform to the provisions of all relevant
laws, ordinances, rules and regulations. Plans for buildings of other than one - and two-
family dwellings and their accessory structures shall also indicate how required structural
and fire-resistive integrity will be maintained where penetrations will be made for
electrical, mechanical, plumbing and communication conduits, pipes and similar systems.
(e) Special Inspection and Structural Observation Program. When the
Building Code requires special inspection and/or structural observation, the architect or
engineer of record shall prepare an inspection program which shall be submitted to the
Building Officer for approval prior to issuance of the building permit. The inspection
program shall designate the portions of the work to have special inspection, the name or
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names of the individuals or firms who are to perform the special inspections and indicate
the duties of the special inspectors, including any required nondestructive testing.
The Building Officer, or when approved by the Building Officer, the owner, the
engineer or architect of record, or an agent of the owner, but not the contractor or any
other person responsible for the work, shall employ the special inspector. When structural
observation is required, the inspection program shall name the individuals or firms who
are to perform structural observation and describe the stages of construction at which
structural observation is to occur. The inspection program shall include samples of
inspection reports and provide time limits for submission of reports.
(f) Preconstruction Meetings. The Building Officer may require the permit
holder to participate in a preconstruction conference prior to the completion of plan review
and permit issuance to review the plans and specifications for adequacy and sufficiency
of details and conformance to building standards and interpretations.
(g) Change of Architect or Engineer of Record. If the circumstances require,
the owner may designate a substitute architect or engineer of record who shall perform
all the duties required of the original architect or engineer of record. In such cases, the
owner shall notify the Building Officer in writing i f the architect or engineer of record is
changed or is unable to continue to perform the duties. The architect or engineer of record
shall be responsible for reviewing and coordinating all submittal documents prepared by
others, including deferred submittal items, for compatibility with the design of the building.
(h) Expiration of Application for Permit.
(1) A permit application shall expire if no permit is issued within one year
after the date the permit application is filed, except as provided below.
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(A) An application for a demolition permit for the demolition of
residential buildings and structures, which are subject to the replacement
project requirements of the City’s Zoning Ordinance, shall expire if no permit
is issued within two years following the date the application is filed.
(B) An application for a permit for a project subject to the
construction rate program of the City’s Zoning Ordinance shall not expire
while that project remains on the waiting list for a building permit.
(C) An application for a demolition permit for a building or structure
in which the original permit was issued more than forty years before the
date of filing of the demolition permit application shall expire if no permit is
issued within three years following the date the application is filed.
(2) No action may be taken on an application after expiration. Plans and
other data submitted for review may thereafter be returned to the applicant or
purged by the Building Officer. To obtain a permit, applica nts shall submit a new
application, new submittal documents and pay a new plan review fee. All
applicable standards in effect at the time of the new application shall then apply to
the project.
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(i) Extensions. The Building Officer may grant one six -month extension of the
one-year plan check time period set forth in subsection (h)(1) above, if the applicant
demonstrates that:
(1) No changes have been made or will be made to the original plans and
specifications except as required by the original plan review; and
(2) No pertinent laws or ordinances have been amended subsequent to
the date the original application was filed which would cause the development
project at issue to be inconsistent with such amended provisions; and
(3) Any approvals granted under Article IX of the Municipal Code are still
valid and have not expired; and
(4) Circumstances beyond the control of the applicant have prevented the
permit from being issued in the authorized time period.
SECTION 2. Santa Monica Municipal Code Chapter 8.98 is added as follows:
Chapter 8.98 Construction Management Plan
8.98.010 Purpose.
The purpose of this Chapter is to require submission and approval of Construction
Management Plans for certain construction projects in order to coordinate, communicate,
and manage the temporary effects of construction activity on surrounding residents,
businesses, and commuters in the community.
8.98.020 Construction Management Plan Required.
Prior to issuance of a building permit for any project that meets the criteria set forth
in Section 8.98.030, a Construction Management Plan shall be submitted by the applicant
to the Planning Director or designee and the Planning Director or designee shall approve
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that Construction Management Plan if it meets the requirements established pursuant to
Section 8.98.030.
8.98.030 Applicability.
This Chapter shall apply to projects that meet both of the following criteria:
(a) The project includes:
(1) Construction of 7,500 square feet or more of new or additional
nonresidential floor area;
(2) Construction of 16 or more new or additional residential units; or
(3) Construction of 1,000 or more square feet of new or additional
nonresidential floor area within the Downtown Community Plan
area.
(b) The project entails excavation or hauling by vehicles of dirt or construction
materials to or from the project site that involves closure of or access to the
public right of way, including any public street, roadway, parkway, alley,
sidewalk, or pedestrian path.
8.98.040 Contents of Construction Management Plan.
The Planning Director shall establish the requirements for the contents of a
Construction Management Plan consistent with the purpose set forth in Section 8.98.010.
These contents shall include but not be limited to:
(a) The timeline and method of any demolition;
(b) The timeline for construction;
(c) Anticipated impacts to or closures of public rights of way , including
required permits and temporary traffic control plans related to such
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closures and impacts. A separate permit shall be issued by the Director
of Public Works for any work affecting the Public Right of Way pursuant
to Article 7 of the Santa Monica Municipal Code;
(d) The nature and extent of anticipated construction and associated truck,
crane, and/or helicopter activity;
(e) Any anticipated request for construction beyond normally permitted
hours pursuant to Section 4.12.110(e) of this Code;
(f) Proposed construction-period noise measures;
(g) Proposed construction-period security measures;
(h) Proposed construction-period parking plan that minimizes use of public
streets for parking to the greatest extent feasible;
(i) Contact information for the project developer, architect, contractor(s),
and subcontractor(s);
(j) Contact information for a single individual appointed to communicate
with residents, businesses, and commuters impacted by construction
activity; and
(k) Any other construction period mitigation measures, if required, pursuant
to the California Environmental Quality Act (Public Resources Code
sections 21000 et seq.), or other applicable laws.
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8.98.050 Maintenance of Construction Management Plan.
Following approval by the Planning Director or designee, the Construction
Management Plan shall be kept on the project site and be produced upon request by the
City for the duration of the project construction. The applicant shall submit proposed
revisions or changes to the Construction Management Plan to the Planning Director or
designee for approval prior to implementation of any changes to the construction timeline,
schedule, or scope that will impact the conditions of the surrounding public right-of-way.
8.98.060 Administrative Regulations.
The Planning Director shall have authority to adopt administrative regulations
consistent with the purpose of and to implement the provisions of this Chapter.
SECTION 3. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the
ordinance would be subsequently declared invalid or unconstitutional.
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SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
_________________________
LANE DILG
City Attorney
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Vernice Hankins
From:Juan Matute <jmatute@gmail.com>
Sent:Thursday, October 10, 2019 9:09 PM
To:councilmtgitems
Subject:October 15 - 7.A: Construction Management Plans (Suggesting higher fees for sidewalk/bike lane
blockage)
Follow Up Flag:Follow up
Flag Status:Flagged
Honorable Council Members,
As part of the deliberations for the Construction Management Plan ordinance, I ask that you direct staff to consider
increasing per‐square foot fees for use of public property for permits that block or reduce the width of sidewalks, bike
lanes, or vehicle travel lanes.
The Department of Public Works currently charges a per square foot monthly fee of $0.76 (commercial) and $0.47
(residential) for use of public property associated with permitted construction activities. An additional fee is charged
for lost of metered parking revenue. This fee appears to be charged per square foot of public property, irrespective of
whether that property is used for parking (lower value), or circulation (higher value).
Separately, in a resolution adopted August 28, 2018 (Mobility Device Fees), the City Council adopted a fee structure for
the commercial use of the public right of way. This fee is based on the commercial dining fee and is $2.48 per square
foot per month. The Public Right of Way fee is a community benefit which could be used to expand mobility
infrastructure and services (like protected bike lanes, mobility hubs, Vision Zero improvements, paratransit services, or
educational programs) that will help integrate shared mobility devices safely into the Santa Monica landscape. This fee
is for use of the sidewalk or designated shared mobility zones and is in addition to registration and review fees.
The Council should direct staff to consider a differentiated, and higher use of public property fee for instances when use
of public property blocks a sidewalk, bike lane, or general purpose vehicle travel lane. Unlike with parking, which can
shift to other locations, because the circulation system is a network, any blockage creates inconvenience and safety
impacts. The fee charged should be commensurate with those impacts, perhaps on par with the public benefit fee
charged to mobility devices.
‐Juan Matute, on behalf of myself
Santa Monica
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Construction
Management Plan
Ordinance
FIRST READING AND INTRODUCTION
AMENDING SECTION 8.08.060 (B)
ADDING CHAPTER 8.98 ITEM 7.A
OCTOBER 15, 2019
Purpose & Goal
•Establish the submittal of a Construction Management Plan
(CMP) for certain construction projects
•Provide a comprehensive preview of the construction logistics
and activities prior to issuance of a building permit
•Foresee coordination of multiple projects and assist in better
serving the public with construction related concerns
CMP Applicability
CMP required for projects that meet both Criteria A & B:
CRITERIA A CRITERIA B
7,500+ SF of new or added nonresidential
floor area OR
Project entails excavation or
hauling of dirt or construction
materials to or from the project
site that involves closure of or
access to the public right-of-way16+ new or added residential units OR
1,000+ SF of new or added nonresidential
floor area within the Downtown (DCP)
Next Steps
•Formalize content and format of CMP submittal (checklist
and/or application forms)
•PCD Director to have authority to adopt administrative
regulations
Re commended Action
•City Council introduce for first reading the subject
ordinance amending Section 8.08.060(b) and adding
Chapter 8.98 to the SM Municipal Code to Require
Submission of Construction Management Plans for
Certain Construction Projects