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O2426F:\Atty \Muni\ Law \MJM \Building PermitExtension LandmarkEmergOrd062513approved City Council Meeting: 6 -25 -2013 Santa Monica, California ORDINANCE NUMBER 2 Y --& (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING UP TO FOUR EXTENSIONS OF TIME TO COMPLETE CONSTRUCTION ON PROJECTS THAT INCLUDE A DESIGNATED SANTA MONICA LANDMARK AND DECLARING THE PRESENCE OF AN EMERGENCY WHEREAS, the municipal code includes time periods for completing construction projects and allows for no more than three extensions; and WHEREAS, City policy favors the protection and retention of historic structures, a policy which is embodied in the City's Landmarks law; and WHEREAS, construction projects that include designated landmarks often present complex construction challenges; and WHEREAS, in order to ensure that designated landmarks within construction projects are protected and to encourage adaptive re -use of historic structures, it is necessary to allow additional time to complete such projects. THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. 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, he construction documents shall be approved in writing or by stamp. 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 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: 2 (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 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 3 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; and (B) If construction has started, substantial progress has been made; (C) The condition of the property presents no health or safety hazard; (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 construction may be extended no more than three times; rd however, if the project includes the preservation of a designated City of Santa Monica landmark, the period to complete construction may be extended no more than four 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 2. This Ordinance is declared to be an urgency measure adopted pursuant to the provision of Section 615 of the Santa Monica City Charter. As set forth 5 in the findings above, this Ordinance is necessary for preserving the public peace, health, safety, and welfare. 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. 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 upon its adoption. C Approved and adopted this 25th day of March, 2013. t Pam O'Connor, Mayor State of California ) County of Los Angeles) ss. City of Santa Monica ) I, Sarah Gorman, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2426 (CCS) had its introduction and adoption at the Santa Monica City Council meeting held on March 25, 2013, by the following vote: Council members: Davis, Holbrook, McKeown, Vazquez, Winterer Mayor Pro Tern O'Day, Mayor O'Connor Council members: None Council member: None ATTEST: Sarah Gorman, City Clerk A summary of Ordinance No. 2426 (CCS) was duly published pursuant to California Government Code Section 40806.