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SR 10-25-2022 10B City Council Report City Council Meeting: October 25, 2022 Agenda Item: 10.B 1 of 4 To: Mayor and City Council From: David Martin, Director, Building & Safety Subject: Introduce for First Reading an Ordinance to Amend Santa Monica Municipal Code 8.08.060 to Extend Building Permit Application Expiration Dates for Projects Requiring a Coastal Development Permit Recommended Action Staff recommends that the City Council: 1. Adopt the CEQA findings in the staff report set forth under “Environmental Review;” 2. Introduce for first reading the attached ordinance to amend Santa Monica Municipal Code Section 8.08.060(h) to extend the building permit application expiration date for projects requiring a Coastal Development Permit. Summary City Council is asked to adopt an ordinance amending Santa Monica Municipal Code (“SMMC”) Section 8.08.060(h) to extend the expiration date of building permit applications for projects that require a Coastal Development Permit. Approval of a Coastal Development Permit is a lengthy process that is often difficult to complete within the current prescribed building permit application timeframe of one year. Additionally, many new development projects include a housing component, which is a statewide and local priority; therefore, staff is recommending extending the building permit application expiration date for projects in the Coastal Zone to three years from the date of filing a building permit application, or concurrent with the term of any vesting tentative map for the project (if applicable). Discussion Pursuant to SMMC Section 8.08.060(h)(1), a building permit application (i.e., plan 10.B Packet Pg. 720 2 of 4 review) expires if no building permit is issued within one year of the application filing date, except for specific project types, such as demolition permits, which are provided extended expiration dates of up to three years due to the processing times associated with these specific project types. One six-month extension may be granted to these expiration dates. Pursuant to SMMC Section 8.08.060(h)(2), no action may be taken on an application after expiration and applicants shall be required to submit a new permit application, new submittal documents, and be subject to a new plan review fee. Requiring a project to resubmit for a new building permit application would significantly delay the overall processing time and may potentially cause a project to jeopardize its land use entitlement from City Planning due to expiration. Typically, land use entitlement approvals for properties in the Coastal Zone expire if a building permit is not issued within two and a half years of the land use entitlement approval. Santa Monica does not have a certified Coastal Zone Land Use Plan, which requires Coastal Commission approval of a local Land Use Plan and Coastal Zoning Ordinance. As such, new development on properties within the Coastal Zone require the issuance of a Coastal Development Permit (“CDP”) from the California Coastal Commission before a City building permit can be issued. Projects that require a CDP can experience lengthy processing times from the California Coastal Commission. Most building permit applicants go through the CDP and local building permit processes concurrently, which often make it difficult to complete the City’s plan review process within the currently prescribed one-year timeframe. As such, it would be appropriate to establish an extended building permit application timeframe for developers to complete the plan review process for projects that require a CDP, particularly since the Coastal Commission is an external governmental agency outside the City’s control. Additionally, housing development is of critical importance in the City and statewide, as evidenced by the State’s declaration of a housing crisis. New development in the City will typically contain a housing component and may include an associated tract map if residential condominiums are proposed. An approved tract map will have a separate expiration date and expires two years from its approval if a building permit is not issued, with an opportunity for additional extensions up to six years pursuant to the Subdivision 10.B Packet Pg. 721 3 of 4 Map Act. Therefore, to further address the needs of the lengthy processing timelines associated with new development that requires a CDP, and to consolidate the varying expiration dates associated with a project, the proposed amendment to SMMC Section 8.08.060(h)(1) would add subsection (D) to read as follows: (D) An application for a project that requires a Coastal Development Permit shall expire if no building permit is issued within three years of the building permit application filing date; however, if the project includes an approved vesting tentative map, the permit application expiration date shall be extended to be concurrent with the term of the vesting tentative map for the project. Providing the extended processing timelines for projects that require a CDP and consolidating the varying expiration dates into one expiration date helps minimize confusion. It also helps to more effectively preserve the land use entitlement approvals and avoid potential expiration due to lack of timely building permit issuance. Environmental Review The proposed ordinance amendment to extend certain timelines for the processing of building permit applications for projects that require a Coastal Development Permit is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State Implementation Guidelines (common sense exception). Based on the evidence in the record, it can be seen with certainty that there is no possibility that the proposed changes may have a significant effect on the environment. The proposal would not result in adverse physical environmental effects as it encompasses only procedural changes. Therefore, no further environmental review under CEQA is required. Projects that have received vesting tentative maps will be required to have undergone their own separate CEQA review. Financial Impacts & Budget Actions There is no immediate financial impact or budget action necessary as a result of 10.B Packet Pg. 722 4 of 4 the recommended action. Prepared By: Ariel Socarras, Building and Safety Manager Approved Forwarded to Council Attachments: A. Ordinance Amending SMMC 08.08.060(h) 10.B Packet Pg. 723 1 City Council Meeting: October 25, 2022 Santa Monica, California ORDINANCE NUMBER _____ (CCS) (City Council Series) AN ORDINANCE OF THE SANTA MONICA CITY COUNCIL AMENDING MUNICIPAL CODE SECTION 8.08.060 TO EXTEND THE EXPIRATION DATE OF BUILDING PERMIT APPLICATIONS FOR PROJECTS REQUIRING A COASTAL DEVELOPMENT PERMIT WHEREAS, Santa Monica Municipal Code Section 8.08.060 sets forth timeframes for expiration of building permit applications; and WHEREAS, after expiration of a building permit application, applicants are required under Section 8.08.060(h)(2) to submit a new permit application, new submittal documents, and be subject to a new plan review fee; and WHEREAS, requiring a project to resubmit for new building permit applications significantly delays the overall processing time and may potentially cause a project to jeopardize its land use entitlement from City Planning due to expiration; and WHEREAS, new development on properties within the Coastal Zone also require the issuance of a Coastal Development Permit (“CDP”) from the California Coastal Commission during the City’s review process, and evidence of an approved CDP is required prior to the issuance of a building permit; and WHEREAS, approval of a CDP is a lengthy process that is often difficult to complete within the currently prescribed building permit application timeframe of one year; and 10.B.a Packet Pg. 724 Attachment: Ordinance Amending SMMC 08.08.060(h) (5398 : Amendment to SMMC 8.08.060 Permit application) 2 WHEREAS, many new development projects also include a housing component, which is of critical importance to the City and State of California; and WHEREAS, such housing development may also contain an associated tract map, which expires two years from its approval if a building permit is not issued and which may be extended up to six years pursuant to the Subdivision Map Act; and WHEREAS, to address the needs of the lengthy processing timelines associated with new development involving a CDP, and to consolidate the varying expiration dates associated with a project, City Council seeks to extend the building permit application date for projects in the Coastal Zone to three years from the date of filing a building permit application, or concurrent with the term of any vesting tentative map for the project if applicable. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 8.08.060 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. 10.B.a Packet Pg. 725 Attachment: Ordinance Amending SMMC 08.08.060(h) (5398 : Amendment to SMMC 8.08.060 Permit application) 3 (b) Submittal Documents. When required by the Building Officer, plans, specifications, engineering calculations, diagrams, soil investigation reports, sound tests, material tests, Construction Management Plans as required by Chapter 8.98 of this Code, 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 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 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. (e) Special Inspection and Structural Observation Program. When the Building Code requires special inspection and/or structural observation, the architect or 10.B.a Packet Pg. 726 Attachment: Ordinance Amending SMMC 08.08.060(h) (5398 : Amendment to SMMC 8.08.060 Permit application) 4 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 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. 10.B.a Packet Pg. 727 Attachment: Ordinance Amending SMMC 08.08.060(h) (5398 : Amendment to SMMC 8.08.060 Permit application) 5 (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 the City’s Zoning Ordinance, 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 the City’s Zoning Ordinance shall not expire while that project remains on the waiting list for a building permit. (C) An application for a demolition permit for a building or structure in which the original permit was issued more than forty years before the date of filing of the demolition permit application shall expire if no permit is issued within three years following the date the application is filed. (D) An application for a project that requires a Coastal Development Permit shall expire if no building permit is issued within three years of the building permit application filing date; however, if the project includes an approved vesting tentative map, the permit application expiration date shall be extended to be concurrent with the term of the vesting tentative map for the project. (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 purged by the Building Officer. To obtain a permit, applicants shall submit a new application, new 10.B.a Packet Pg. 728 Attachment: Ordinance Amending SMMC 08.08.060(h) (5398 : Amendment to SMMC 8.08.060 Permit application) 6 submittal documents and pay a new plan review fee. All applicable standards in effect 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 (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. 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 10.B.a Packet Pg. 729 Attachment: Ordinance Amending SMMC 08.08.060(h) (5398 : Amendment to SMMC 8.08.060 Permit application) 7 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: _______________________ DOUGLAS SLOAN City Attorney 10.B.a Packet Pg. 730 Attachment: Ordinance Amending SMMC 08.08.060(h) (5398 : Amendment to SMMC 8.08.060 Permit application)