O2314Council Meeting 06-22-2010
California
ORDINANCE NUMBER 2314 (CCS)
(City Council Series)
Santa Monica,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 8.08 THE SANTA MONICA MUNICIPAL CODE
RELATED TO TIME ALLOCATED FOR THE PROCESSING OF PLAN CHECK
APPLICATIONS AND BUILDING PERMITS
WHEREAS, the City of Santa Monica is committed to maintaining a land
use and building permit process that is reasonable and efficient; and
WHEREAS, the ongoing global economic downturn has caused significant
and wide-spread impacts to the overall U.S. economy and to the local economy;
and
WHEREAS, these economic impacts include dramatic slow-downs in the
building and development industries, particularly in California; and
WHEREAS, in Santa Monica, the overall economic conditions,
exacerbated by the shortage of credit available for construction .projects, have
hampered applicants' ability to timely submit plan check applications and to
commence construction upon the issuance of building permits; and
WHEREAS, the result is that many applicants' permits will expire before
the applicants can exercise the rights conferred by the permits, and the projects
will be abandoned; and
WHEREAS, abandoned projects leave the community with lots that are vacant or
partially constructed, and this degrades neighbors' quality of life, contributes to blight,
and fosters nuisances;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 8.08.060 of the Santa Monica Municipal Code is hereby
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 other 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, 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
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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
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 on substantial paper 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
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program shall designate the portions of the work to have special inspection, the name or
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 if 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.
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(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.
(A) An application for a demolition permit for the demolition of
residential buildings and structures, which are subject to the replacement
project requirements of Section 9.04.10.16.010, 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 Section 9.04.10.02.450 shall not expire while
that project remains on the waiting list for a building permit.
(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
destroyed by the Building Officer. To obtain a permit, applicants shall submit a
new application, new submittal documents and pay a new plan review fee. All
applicable standards in affect at the time of the new application shall then apply
to the project.
(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
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(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. Section 8.08.070 of the Santa Monica Municipal Code is hereby
amended as follows:
8.08.070 Permit issuance, extension and renewal.
(a) Issuance. If the Building Officer finds that the work described in an
application for a permit and submittal documents conforms to the requirements of the
technical codes and other pertinent laws and ordinances, and that the applicant has
paid all required fees, the Building Officer shall issue a permit for the work to the
applicant. When a permit is issued for which plans are required, the Building Officer
shall endorse in writing or stamp the plans and specifications APPROVED FOR
CONSTRUCTION.
No building permit or demolition permit shall be issued by the City for any
development that requires a coastal development permit under the California Coastal
Act of 1976, Public Resources Code Sections 30000 et seq., until such time as a
coastal development permit has been issued for such development.
(b) Partial Permit. The Building Officer may issue a permit for the
construction of part of a building, structure or building service equipment before the
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entire plans and specifications for the whole building, structure or building service
equipment have been submitted or approved, provided adequate information and
detailed statements have been filed complying with all pertinent requirements. The
holder of a partial permit shall proceed without assurance that the permit for the entire
building, structure or building service will be granted.
(c) Expiration. Every permit issued under the provisions of this Code expires
by limitation and becomes null and void when any of the following circumstances is
applicable:
(1) Failure to Start Construction. If the building or work authorized by such
permit is not started within one hundred eighty days from the date of permit issuance;
(2) Cessation. of Work. If the building or work authorized is suspended or
abandoned at any time after the work has started, for a period of one hundred eighty
days or more.
(3) Time to Complete. In addition to subsections (1) and (2) above, every
permit issued under the provisions of this Chapter expires by limitation and becomes
null and void when the time allowed to complete all work authorized by the permit
exceeds the following time periods based on valuation:
Valuation Time Allowed
Under $300,000 ................. 12 months
$300,001 to $1,000,000 ......:. 24 months
$1,000,001 to $20,000,000 .... 36 months
Over $20,000,000 .............. 48 months
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When a project is divided into separate permits for the convenience of the owner
or tenants and the work on such permits is to be done concurrently, the time allowed to
complete all work on each separate permit shall be equal to the time period for the total
valuation of the separate permits.
(d) Extensions.
(1) Extensions of time from the stated periods in subsection (c) above
may be permitted for good reason, provided such requests are submitted to the
Building Officer in writing prior to permit expiration. The written request must
demonstrate that:
(A) Due to circumstances beyond the owner's or permittee' s
control, construction could not be commenced, continued or completed in
the authorized time period;
(B) If construction has started, substantial progress has been
made;
(C) The condition of the property presents no health or safety
hazard; and
(D) The continued delay will not create any unreasonable
aesthetic impact to the neighborhood or substantial economic detriment to
neighboring property owners.
(2) The time periods set forth to start construction within one hundred
eighty days or resume construction after cessation of work for one hundred eighty days
may each be extended no more than once, and the time period set forth to complete
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construction may be extended no-more than three times. Each extension of time shall
not exceed one hundred eighty days.
(e) Extension Request Appeals. The decision of the Building Officer may be
appealed to the Director of Planning and Community Development, who shall conduct a
de novo review. Any such appeal shall be filed in writing within seven days of the
decision of the Building Officer. The decision of the Director of Planning and Community
Development shall be final.
(f) Renewal. Before any work authorized under an expired permit can be
recommenced, the permit holder shall file an application .for renewal. Such application
shall include all original submittal documents and shall identify any changes that have
been made or will be made in the original plans and specifications for such work.
If the Building Officer finds that the work remaining to be completed under the
permit conforms to the requirements of the Technical Codes and other pertinent laws
and ordinances, and that the applicant has paid all required fees, the Building Officer
shall renew the permit for the work to-the applicant. No work shall recommence until the
renewal application and submittal documents are approved.
Section 3. Section 8.08.075 of the Santa Monica Municipal Code is hereby
added as follows:
8.08.075 Temporary Time Extension for Plan Checks and Building Permits
(a) Plan Check Application Extension
In addition to the extension authorized by Municipal Code Section 8.08.060(1),
the Building Officer may grant one additional extension for a permit application
(excluding applications covered by Sections 8.08.060(h)(1)(A) or (B)), prior its
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expiration, for a period not to exceed six-months, provided that the applicant satisfies
the requirements set forth by Sections 8.08.060(1)(1), (2), (3), and (4) of this Code.
(b) Building Permit Extension
In addition to the extension authorized by Municipal Code Section 8.08.070(d)(2),
the Building Officer may grant one additional extension to the time period set forth in
Section 8.08.070(c)(1) to start construction within one hundred eighty days, provided
that the applicant satisfies the requirements set forth in Section 8.08.070(d)(1) of this
Code and further demonstrates that the development project at issue has been brought
into compliance with, or is consistent with, all applicable provisions within Article IX of
this Code that have been amended subsequent to the filing date of the original permit
application.
(c) Sunset
This Section shall remain in effect only until July 1, 2012, and as of that date
shall sunset and have no further force or effect.
Section 4. 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 5. 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
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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 6. 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.
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APPROVED AS TO FORM:
Approved and adopted this 22"d day of
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2314 (CCS) had its introduction on June 8t~', 2010, and was
adopted at the Santa Monica City Council meeting held on June 22"d, 2010, by the
following vote:
Ayes: Council members: Bloom, Holbrook, Davis, McKeown
Mayor Pro Tem O'Connor, Mayor Shriver
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: O'Day
A summary of Ordinance No. 2314 (CCS) was duly published pursuant to California.
Government Code Section 40806.
ATTEST:
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Maria M. Stewart, ity Clerk