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:
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(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
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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;
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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
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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.
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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.