SR-416-009- ~~ . .
~ ~;tyof City Councii Report
Santa Monica~
City Council Meeting: September 26, 2006
Agenda Item: ~ [~
To: Mayor and City Council
From: Andy Agle, Interim Director
Subject: Priority of City Development Services and Revision of Permit Fees for
Green Buildings
Recommended Action
Staff recommends that the City Council:
1. Introduce for first reading an ordinance adding Chapter 1.20, Priority for City
Development Services, to the Santa Monica Municipal Code to confirm the sole
propriety and authority of the City Council to expedite City services and establish
such service priorities by resolution;
2. Approve a resolution eliminating the building plan review fee by the Green
Building Advisor for Green Buildings; and
3. Review the proposed resolution setting forth the priority of City services related to
development activities, in anticipation of adopting the resolution with second
reading and adoption of the above ordinance.
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Executive Summary
Over the years, the City has established fee waivers or expedited service incentives for
various types of proposed developments including affordable housing, green buildings,
seismic rehabilitation, child care facilities, historic preservation and charitably funded
public projects. For consistency of application and public understanding, staff
recommends that the Council confirm its sole authority to establish expedited City
services by ordinance and then establish service priorities by a single, related
resolution. Additionally, staff proposes to amend the recently adopted fee resolution to
eliminate the fee for green building plan review by the Green Building Program Advisor.
Discussion
Priority of City Development Services
The City has established fee waivers and service priorities in order to create incentives
for proposed development projects with substantial public benefits, as well as to
conserve scarce public funds. These benefits have been applied to a variety of project
types including affordable housing, green buildings, seismic rehabilitation, child care
facilities, historic preservation and charitably funded public projects. Benefits and
incentives for these project types include planning, plan check or building permit fee
waivers, as well as expedited service in planning, plan check or inspection. However,
these benefits are not uniformly authorized for each project type. In addition, the
benefits were established by a variety of different means, including administrative
policy, resolution and ordinance. The attached table shows the current benefits and
incentives, with the authorizing mechanism in parenthesis:
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Development Type Current Priority Processing Current Fee Waivers
100% On-Site Planning approvals and All Planning application
Affordable Housing building inspections fees (resolution)
(administrative policy);
Building permit applications
(ordinance)
Green Building Building permit applications Solar photovoltaic and
(ordinance) solar/thermal systems
(resolution)
Seismic Retrofit Building permit fiees
(resofution)
Child Care Facilities Planning and building permit Planning applications;
applications (administrative costs associated with
policy) environmental review;
building inspections for
State license
requirements
(resofution)
Historic Preservation Building permit applications Planning administrative
(Landmarks and (ordinance) approvals/certificate of
Contributing appropriateness and
Structures in a building permit
Historic District) applications (ordinance)
Charitably Funded Planning and building permit All planning approvals,
Public Projects applications (ordinance) building permit
applications and any
associated appeal fees
(ordinance)
All Other City Planning and building permit Planning and building
Projects appfications and inspections permit applications
(administrative policy) funded by general fund
(administrative policy)
For consistency of application and public understanding, staff recommends that one
common definition be established for service priorities related to development activities,
with eligible projects established by Council resolution. For such service priorities to
have the greatest benefit, the complete range of service must be considered from
application for planning discretionary approvals and building permits to final issuance of
a Certificate of Occupancy and related business license. Under this proposal, priority
service is defined as delivery of the full range of necessary City services as soon as the
next availab{e service opening occurs, irrespective of the existing service queue for non-
priority projects. For example, a permit application would be assigned to the first
qualified available staff member who completes their present assignment. Building
inspection would be guaranteed the next business day far a{I requests received in a
timely manner the previous business day.
Green-Building Advisor Plan Review Fees
Council has encouraged the construction of green, high-perFormance buildings in the
private sector by approving incentives most requested by builders and property owners.
fn 2005, Council approved a grant program for buildings registered in the LEED-NC
(Leadership in Energy and Environmental Design for New Construction) green building
rating system, a nationally recognized certification from the U.S. Green Building
Council. In September, 2005, Council approved expedited plan checks for buildings
registered for certification under the LEED-NC rating system. The recently adopted
revised fee structure, however, inadvertently established a new $246 fee for a green
building plan review provided by the City's Green Building Program Advisor. This fee
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contradicts the intention of the grant program and priority plan check option, and staff
proposes that the fee be deleted. A resolution has been prepared to eliminate this fee.
Relation to Existinq Ordinance and Resolutions
This new ordinance and resolution will not change or negate previous Council actions
that give incentives and fee waivers to priority development activities. Rather, it will
cover gaps in phases of City service related to development review and approval so that
priority processing occurs as desired in all necessary City actions.
Alternatives
The Council could continue to customize benefits and ineentives for each development
type. The downside to this approach is that it increases staff, applicant and public
uncertainty and misunderstanding, as varying standards are used for priority status. In
addition, Council could extend fee waivers to all priority projects, however, this
approach is not recommended because the budgetary impacts would be significant.
Budqet/Financial Impact
There is no direct fiscal or budget impact as a result of standardized priority service.
Eliminating the fee for Green Building plan review will result in an annual revenue loss
of $14,760 in account number 31662.407730 Green Building Plan Review, where this
proposed additional revenue was to be collected.
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Prepared by:
Timothy P. McCormick, P.E. & C.B.O., Building Officer
Approved: Forwarded to Council:
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Andy Agle, Interi ir tor ont Ewell
Planning and Community Development ~ Manager
Attachment A: An Ordinance Of the City Council of the City Of Santa Monica
Adding Chapter 1.20 to the Santa Monica Municipal Code Relating
to Priority for City Service
Attachment B: A Resolution of the Council of the City of Santa Monica Setting
Forth the Priority of City Services Related to Development Activities
(Proposed to be Adopted at the Second Reading of Related
Ordinance)
Attachment C: A Resolution of the City Council of the City of Santa Monica
Revising User Fees in the Environmental and Public Works
Management Department Related to Plan Review by the Green
Building Program Advisor
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ATTACHMENT A
City Councif Meeting 9-26-06 Santa Monica, California
ORDINANCE NUMBER (CCS)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING CHAPTER 1.20 TO THE SANTA MONICA MUNICIPAL
CODE RELATING TO PRIORITY FOR CfTY SERVICE
WHEREAS, Santa Monica is committed to providing equal access to all of its
services and benefits to the community; and
WHEREAS, certain community priorities may at times require priority receipt of
such services and benefits; and
WHEREAS, Santa Monica desires to ensure that such a priority system remains
an exception to the general rule of first come-first serve for services, is fair and
equitable and consistent with established community priorities; and
WHEREAS, establishing such priorities by City Council action ensures that
granting such exceptions wilf benefit the established community priorities;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 1.20 is hereby added to the Santa Monica Municipal Code
to read as follows:
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CHAPTER 1.20 PRIORITY FOR CITY SERVICES
Section 1.20.010 Purpose
The City of Santa Monica desires to ensure that all persons having need of City
services have equal access to and benefit from those services. Priority status for CitY
services cannot be conferred upon any group or individual unless authority for such
priority is first established by resolution of the City Council as prescribed herein.
Section 1.20.020 Establishment of Service Priorities
The Citv shall by resolution of the City Council establish proiect types that will
receive priority in the City's provision of services related to the~rocessing, review and
issuance of permits and licenses for development activities.
Section 1.20.030 Scope
Prioritv service shall be provided for the complete ranqe of development activities
and shall include, but not be limited to, any preliminarv project submittals, applications
for planning discretionarv approvals, building permit applications and issuance of
buildinq permits, construction inspections, permits for work in the public wav, final
issuance of a Certificate of Occupancv and, initial business license applications.
The provisions of this chapter shall not apply to emerqencv response services of
anV City department including but not limited to the Police, Fire and Environmental and
Public Works Management departments.
Nothing in this chapter shall prevent authorized employees of the City of Santa
Monica from makinq all necessary efforts to remedy service delays caused bv the City
and through no fault of anv person seekinq service.
Section 1.20.040 Prioritv Service Defined For Development Activity
PrioritY service for development activit r~shall constitute granting the full range of
necessary Citv services as soon as the next available service opening occurs without
regard for who is next in the service queue, unless otherwise required y law. Priority
service shall include but not be limited to the followinq:
1. Beqin formal staff review of complete applications for all related permits or
approvals by the next available City employee or agent as soon as that
person completes their current assignment.
2. Set hearing date for discretionary reviews at the earliest practical date
within 30 days of determininq that an application is complete.
3. lnspect all completed and accessible construction at the required sta~es
of construction within one business dav of permit holder's rec~uest.
4. Review anY complete business license application related to initiatinq the
priority activity within one business day.
SECTION 2. 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 3. 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.
SECTION 4. 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:
4-iC~
//?2
MA SHA JO ES MOUTRI
City Attorney
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ATTACHMENT B
City Council Meeting 09-26-06 Santa Monica, Ca{ifornia
(PROPOSED TO BE ADOPTED AT THE
SECOND READING OF RELATED ORD/NANC~
RESOLUTION NUMBER (CCS)
(City Council Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA MONICA SETTING
FORTH THE PRIORITY OF CITY SERVICES
RELATED TO DEVELOPMENT ACTIVITIES
WHEREAS, on October 10, 2006, the City Council adopted Ordinance Number
XXXX (CCS) amending Chapter 1 of the Santa Monica Municipal Code relating to
pnorities for City services; and
WHEREAS, this ordinance added Chapter 1.20 to the Municipal Code, which
authorizes and requires the establishment of service priorities by Resolution of the City
Council; and
WHEREAS, certain development-related services, such as services for planning
approvals, building permits and construction inspections are subject to this requirement;
and
WHEREAS, City Council has considered the appropriate community priorities
among development types that rely on the efficient and expeditious conclusion of the
land use and construction regulatory processes; and
WHEREAS, the City Council by this Resolution desires to make an exception to the
general first come first served rule of service and grant priority service processing to
these development types for the benefit of the community in accordance with
established priorities: and
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WHEREAS, it is necessary to adopt this Resolution to establish these service
priorities and their specific limits:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOI.VE AS FOLLOWS:
SECTION 1. SCOPE OF DEVELOPMENT ACTIVITY
The following development activities shall receive priority services: one hundred
percent on-site affordable housing, LEED Certified green buildings, seismic
rehabilitation, child care facilities, historic resources including Federal, State or City
designated landmarks and structures contributing to a historic district and charitably
funded and City-funded public projects.
SECTION 2. RELATION TO OTHER ORDINANCE AND RESOLUTIONS
The benefits of this priority service are in addition and cumulative to any other
benefits established by Council ordinance and resolution.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution and
the same shall be in full force and effect on the effective date of Ordinance (XXXX),
which is (Month, Day ,) 2006.
APPROVED AS TO FORM:
(DRAFT DOCUMENT ONLY)
(NO SIGNATURE REQUIRED)
MARSHA JONES MOUTRIE
City Attorney
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