SR 10-25-2022 10B
City Council
Report
City Council Meeting: October 25, 2022
Agenda Item: 10.B
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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
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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
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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
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the recommended action.
Prepared By: Ariel Socarras, Building and Safety Manager
Approved
Forwarded to Council
Attachments:
A. Ordinance Amending SMMC 08.08.060(h)
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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
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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.
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(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
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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.
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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 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
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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
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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
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