SR-06-25-2013-7BCity Council Meeting: June 25, 2013
Agenda Item: - ° E'
To: Mayor and City Council
From: David Martin, Planning and Community Development Director
Subject: Emergency Ordinance to Amend Santa Monica Municipal Code Section
8.08.070(d) to Allow a Fourth Extension of Time to Complete Construction
on Projects that Include a Designated Santa Monica Landmark
Recommended Action
Staff recommends that the City Council adopt the attached emergency ordinance
amending Section 8.08.070(d) of the Santa Monica Municipal Code to allow an
additional extension of time to complete construction on projects that include a
designated Santa Monica Landmark.
Executive Summary
Santa Monica Municipal Code Chapter 8.08 codifies the conditions for a building permit
to remain active and the total allowed construction timeframe of a project. This Chapter
states that a building permit expires when a construction project exceeds its allowed
time period. However, the Municipal Code allows for permit extensions when it is
demonstrated that the project is being executed in good faith and that there are no
negative impacts to the community as a result of the extension. A project may be
granted up to three 180 -day extensions to the building permit which equates to a year -
and -a -half of additional time in which to complete construction.
The proposed emergency ordinance would allow the Building Officer to grant an
additional 180 -day extension to complete construction on projects that include a
designated Santa Monica Landmark. The applicant would be required to satisfy the
requirements set forth in the current ordinance demonstrating that circumstances were
beyond his or her control and that substantial progress has been made, no health or
safety hazards are present, and there are no unreasonable aesthetic or economic
impacts to the community.
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Discussion
Buildings of designated historical significance in Santa Monica may include those that
were originally constructed with methods and materials that are obsolete and do not
meet current building code standards. Some of these building materials may have been
originally designed to carry a significant structural component to the building such as
structural shear walls. Discovery of these obsolete materials may result in design
changes with construction impacts that affect project scheduling. For existing buildings,
the construction phase of the project may reveal significant materials that are not
always visually or forensically apparent as they are concealed behind existing building
elements.
Buildings of historical significance that encounter unforeseen conditions, such as
obsolete building materials and methods, may require redesign by the design
professional and subsequent review by City staff. This in turn, affects the construction
schedule and completion deadlines. Often such circumstances are deemed beyond the
owner's or permitee's control, and therefore make a project eligible for a permit
extension under the proposed emergency ordinance.
The time allowances set forth in Chapter 8.08 codifies the conditions for a building
permit to remain active and the total allowed construction timeframe of a project. These
timeframes are considered reasonable and serve to limit impacts on the surrounding
community. The majority of construction projects are completed within the current time
period allowed. Occasionally projects seek a permit extension of 180 -days, up to three
extensions with a request to the Building Officer. Each request is examined on an
individual basis for compliance with the provisions of Chapter 8.08 for an extension.
The proposed emergency ordinance amendment to allow a fourth building permit
extension for designated Santa Monica Landmarks would provide for reasonable
examination of conditions encountered. Applicable projects would be analyzed by the
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Building Officer and Planning staff for progress, compliance with safety, maintenance of
historical character and contextual impacts to the community. Staff is recommending
that the ordinance amendment be heard on an emergency basis to allow the building
permit of current projects to remain active and for immediate continuance of
construction.
Financial Impacts & Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action.
Prepared by: Ron Takiguchi, Building Officer, Planning and Community Development
Approved:
David Martin', Director of
Planning and Community Development
Attachments:
A. Draft Ordinance
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Forwarded to Council:
Rod Gould
City Manager
Reference:
Ordinance No. 2426
(CCS)