O27621
City Council Meeting: October 24, 2023
ORDINANCE NUMBER 2762 (CCS)
(City Council Series)
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING PORTIONS OF ARTICLE VIII OF THE SANTA MONICA MUNICIPAL CODE TO RESTORE PREVIOUSLY APPROVED REGULATIONS INADVERTENTLY OMITTED BY SUBSEQUENT ORDINANCE APPROVALS
WHEREAS, Santa Monica Municipal Code Section 8.08.070 sets forth time frames
for completion of all work authorized pursuant to permits issued under Article VIII of the
Santa Monica Municipal Code, Building Regulations; and
WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of
Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a
local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure
the availability of mutual aid and an effective City response to the novel coronavirus
(“COVID-19”) and this local emergency was restated on March 14, 2020, through a
revised declaration of local emergency to ensure compliance with all digital signature
requirements (the “Executive Order”); and
WHEREAS, on March 17, 2020, the Director of Emergency Services issued a
Revised Fourth Supplement to the Executive Order which, in part, pursuant to Section 5,
and due to measures taken to implement social distancing requirements, suspended
planning deadlines and automatic approvals; and
WHEREAS, on April 24, 2020, the Director of Emergency Services issued a
Twelfth Supplement to the Executive Order, which, in part, pursuant to Sections 1 through
3, and due to measures taken to implement social distancing requirements, including the
closure of City Hall and other City facilities, that resulted in unavoidable delays in the
Santa Monica, California
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City’s processing of planning and permit related applications and in actions required to
be taken under planning entitlements and permits, tolled deadlines for reviewing and
acting on planning applications, exercising rights under planning entitlements, and
expiration of building permits; and
WHEREAS, on May 29, 2020, the Director of Emergency Services issued an
Eighteenth Supplement to the Executive Order which, in part, pursuant to Sections 1
through 6, due to continuing social distancing requirements, including limitations on
occupancy at offices and businesses and limitations on construction activities, that
continued to result in unavoidable delays in the City’s processing of planning and permit
related applications and in actions required to be taken under planning entitlements and
permits, superseded and replaced Section 5 of the Revised Fourth Supplement and
Sections 1 through 3 of the Twelfth Supplement to extend for two years the deadlines
for planning, review, and permit-related actions; and
WHEREAS, on November 23, 2020, the Director of Emergency Services issued
a Twenty-Eighth Supplement to the Executive Order, which, in part pursuant to Sections
18 to 24, clarified that the two-year extension of deadlines for planning, review, and
permit actions implemented by the Third Revised Eighteenth Supplement does not
extend the deadlines for appeals as set forth in Articles VIII and IX of the Santa Monica
Municipal Code; and
WHEREAS, since April 2020, the City has continued to engage in an economic
recovery strategy that involves a multi-pronged approach focusing on five areas:
business retention and reopening; business process and permitting; publicity and
marketing, community economic development, re-employment, and local hiring; and
federal and state resources; and
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WHEREAS, economic uncertainty arising out of the COVID-19 pandemic
continues; and
WHEREAS, the City has an important government interest in maintaining a
thriving business community and protecting the health, safety, and economic welfare of
its citizens and businesses; and
WHEREAS, due to social distancing requirements, including limitations on
occupancy at offices and businesses and limitations on construction activities, that
resulted in unavoidable delays in the City’s processing of planning and permit related
applications and in actions required to be taken under planning entitlements and permits,
continued economic uncertainty due to the COVID-19 pandemic which has affected both
business operations and the construction industry, and to further the City’s economic
recovery efforts, the City Council amended portions of Article VIII to codify extensions
for building permits and seismic retrofit compliance previously extended through the
Emergency Order; and
WHEREAS, the economic impacts of the COVID-19 pandemic devastated nearly
all of the City’s revenue streams, including sales tax, transient occupancy tax, parking
revenue, and business license revenue; and
WHEREAS, after reviewing these impacts at its April 14, 2020 meeting, the City
Council directed staff to develop a plan to restructure City operations to meet the
challenges posed by COVID-19 and to balance the budget; and
WHEREAS, on May 5, 2020, the City Council adopted a restructuring plan (the
“Restructuring Plan”) to: merge divisions from the Planning and Community Development
and Community Services Departments into the Community Development and Community
Services Departments; and
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WHEREAS, on January 25, 2022, the City Council adopted Emergency Ordinance
2689(CCS), amending portions of Article VIII and Chapter 9.56 of the Santa Monica
Municipal Code to extend certain time frames for building permits, mandatory seismic
retrofit compliance, and certificates of appropriateness, and to extend processing time
frames for applications under Chapter 9.56 due to unavoidable delays caused by the
COVID-19 pandemic and to further economic recovery efforts; and
WHEREAS, the California Building Standards Code exempts freestanding walls
and fences of seven feet in height or less from requiring a building permit; and
WHEREAS, on May 12, 2020, Council approved Ordinance 2635 (CCS) to adopt
a local amendment to the California Building Standards Code to reduce the building
permit height threshold for concrete or masonry walls to four feet; and
WHEREAS, the local amendment distinctly separates freestanding masonry and
concrete walls from other fence types (wood, wrought iron, chain link) and requires a
building permit for masonry or concrete walls more than four feet in height;
WHEREAS, local amendments such as this are permissible by the State of
California as long as the amended standard is more restrictive than the California Building
Standards Code and the City makes the requisite climactic, geological, or topographical
findings; and
WHEREAS, the City has previously identified the need for more restrictive
standards primarily due to seismic safety, the substantial risk of geological hazards in
Southern California, and the City’s desire to protect against the loss of life and property
in the event of a seismic event; and
WHEREAS, on October 25, 2022, the City Council adopted Ordinance 2727(CCS)
amending Article VIII of the Santa Monica Municipal Code by adopting the 2022 California
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Building Standards Code and local Santa Monica amendments to the California Building
Standards Code; and
WHEREAS, the adoption of Ordinance 2727(CCS) on October 25, 2022, included
inadvertent omissions that removed portions of Article VIII of the Santa Monica Municipal
Code previously adopted by the City Council extending building permit timeframes due to
the COVID-19 pandemic and reducing the building permit height threshold for concrete
and/or masonry walls; and
WHEREAS, the restoration of the extended building permit timeframes in Article
VIII of the Santa Monica Municipal Code, adopted by the City Council on January 25,
2022, are necessary to accomplish the intended goals of the Emergency Ordinance and
the City's economic recovery efforts; and
WHEREAS, the restoration of the building permit height threshold reduction for
concrete and/or masonry walls, adopted by City Council on May 12, 2022, is necessary
for seismic safety due to the substantial risk of geological hazards in Southern California,
and the City’s desire to protect against the loss of life and property in the event of a
seismic event; and
WHEREAS, based on the findings contained in this ordinance and material
presented in the accompanying Staff Report, the City Council finds and declares that
taking emergency action to adopt this ordinance is necessary to protect and preserve the
public peace, health, and safety.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 8.08.050 is hereby amended
to read as follows:
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8.08.050 Permits required.
(a) General. No person shall erect, construct, enlarge, alter, repair, move, improve,
remove, convert, maintain or demolish any building, structure or building service equipment
regulated by this Chapter, the California Building Standards Code and related codes and
standards without first obtaining an appropriate permit for each building, structure or building
service equipment from the Building Officer except as specified in this Section.
No person shall do any exterior sandblasting within the City without first obtaining an
appropriate permit for each separate work location or contractor.
No person shall perform any excavation or grading work without first obtaining an
appropriate permit from the Building Officer except as specified in this Section.
No person shall erect any temporary structures within the City without first obtaining an
appropriate permit from the Building Officer except as specified in this Section.
Exemption from the permit requirements of this Chapter shall not be deemed to grant
authorization for any work to be done in violation of the provisions of applicable codes and
standards or any other laws or ordinances.
(b) Temporary Structures. Temporary structures such as reviewing stands, platforms,
displays and other miscellaneous structures, sheds, canopies or fences used for the
protection of the public around and in conjunction with construction work may be erected by
special permit from the Building Officer for a limited period of time. Buildings or structures
erected under a special permit need not comply with the type of construction or fire-resistive
time periods required by the Building Code. Temporary structures shall be completely
removed upon the expiration of the time limit stated in the permit.
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(c) Work Exempt from Building Permit. A building permit shall not be required for the
following:
(1) One-story detached accessory buildings not more than fourteen feet in height when
used as tool and storage sheds, playhouses and similar uses, provided the floor area does
not exceed one hundred twenty square feet, when the surface of adjacent grade does not
exceed one unit vertical in 10 units horizontal (i.e., ten percent slope); the building does not
contain electrical, mechanical or plumbing work and the building conforms to the applicable
zoning regulations of Chapter 9.04 of the Municipal Code.
(2) Exterior freestanding masonry or concrete walls not over four feet high, and other
fences not over seven walls and fences not over six feet high.
(3) Oil derricks.
(4) Movable cases, counters and partitions not over five feet nine inches high.
(5) Retaining walls that are not over four feet in height measured from the bottom of the
footing to the top of the wall, unless supporting a surcharge or impounding flammable
liquids.
(6) Water tanks supported directly upon grade if the capacity does not exceed five
thousand gallons and the ratio of height to diameter or width does not exceed 2:1.
(7) Platforms, walks and driveways not more than thirty inches above grade and not
over or surcharging any basement or story below.
(8) Painting, papering and similar finish work, including color or texture coating of
exterior plaster.
(9) Flooring when installed on a concrete floor slab or when weighing not more than
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four pounds per square foot or replacing the same weight per square foot.
(10) Temporary motion picture, television and theater stage sets and scenery.
(11) Prefabricated swimming pools accessory to one- and two-family dwellings in which
the pool walls are entirely above the adjacent grade and the capacity does not exceed five
thousand gallons and there are no electrical, gas or plumbing equipment or components
associated with the prefabricated swimming pool.
(d) Work Exempt from a Grading Permit. A grading permit is not required for the
following:
(1) Any grading work authorized by a valid combination-building permit.
(2) An excavation below finished grade for basements and footings of a building,
retaining wall or other structure authorized by a valid building permit.
(3) Cemetery graves.
(4) Refuse disposal sites controlled by other regulations.
(5) Excavations for wells or tunnels or utilities.
(6) Mining, quarrying, excavating, processing or stockpiling of rock, sand, gravel,
aggregate or clay where established and provided for by law, provided such operations do
not affect the lateral support or increase the stresses in or pressure upon any adjacent or
contiguous property.
(7) Exploratory excavations under the direction of geotechnical engineers or
engineering geologists.
(8) An excavation that is less than two feet in depth or does not create a cut slope
greater than five feet in height and steeper than one unit vertical in one and one-half units
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horizontal (sixty-six and seven-tenths percent slope).
(9) A fill less than one foot in depth and placed on natural terrain with a slope flatter
than one unit vertical in five units horizontal (twenty percent slope), or less than three feet
in depth, not intended to support structures, that does not exceed fifty cubic yards on any
one lot and does not obstruct a drainage course.
(e) Work Exempt from Plumbing Permit. A plumbing permit shall not be required for
the following:
(1) Any plumbing work authorized by a valid combination-building permit.
(2) The stopping of leaks in drains, soil, waste or vent pipe, provided, however, that
should any concealed trap, drain pipe, soil, waste or vent pipe become defective and it
becomes necessary to remove and replace the same with new material, the same shall be
considered as new work and a permit shall be procured and inspection made as provided
in this Code.
(3) The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, nor
for the removal and reinstallation of water closets, provided such repairs do not involve or
require the replacement or rearrangement of valves, pipes or fixtures.
(f) Work Exempt from Electrical Permit. An electrical permit shall not be required for
the following:
(1) Any electrical work authorized by a valid combination-building permit.
(2) Portable motors or other portable appliances energized by means of a cord or cable
having an attachment plug end to be connected to an approved receptacle when the
Electrical Code permits that cord or cable.
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(3) Repair of fixed motors, transformers or fixed approved appliances of the same type
and rating in the same location.
(4) Temporary decorative lighting.
(5) Repair or replacement of current-carrying parts of any switch, contactor or control
device.
(6) Reinstallation of attachment plug receptacles, but not the outlets therefor.
(7) Replacement of an over-current device where the device is installed in the same
location and is of the same manufacturer, same voltage, same ampere rating, same
characteristics, and has an interrupting capacity meeting conditions at the time of
replacement.
(8) Repair or replacement of electrodes or transformers of the same size and capacity
for signs or gas tube systems.
(9) Taping joints.
(10) Removal of electrical wiring.
(11) Temporary wiring for experimental purposes in suitable experimental laboratories.
(12) The wiring for temporary theater, motion picture or television stage sets.
(13) Electrical wiring, devices, appliances, apparatus or equipment operating at less than
twenty-five volts and not capable of supplying more than fifty watts of energy.
(14) Low-energy power, control and signal circuits of Class II and Class III as defined in
the Electrical Code.
(15) Installation, alteration or repair of electrical wiring, apparatus or equipment or the
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generation, transmission, distribution or metering of electrical energy or in the operation of
signals or the transmission of intelligence by a public or private utility in the exercise of its
function as a serving utility.
(g) Work Exempt from Mechanical Permit. A mechanical permit shall not be required
for the following:
(1) Any mechanical work authorized by a valid combination-building permit.
(2) Portable heating appliance, ventilating equipment, cooling unit or evaporative
cooler.
(3) Closed system of steam, hot or chilled water piping within heating or cooling
equipment regulated by the California Mechanical Code.
(4) Replacement of any component part of assembly of an appliance that does not alter
its original approval and complies with other applicable requirements of applicable codes
and standards.
(5) Refrigerating equipment that is part of the equipment for which a permit has been
issued pursuant to the requirements of applicable codes and standards.
(6) A unit refrigerating system as defined in the Mechanical Code.
(h) Work Exempt from All Permitting Requirements. Reinstallation of new toilets,
urinals, and irrigation timers, in programs entirely undertaken by the City of Santa Monica
and directly supervised by the Building Officer shall not require any building, mechanical,
electrical, or plumbing permit. This exemption only applies to the fixture or equipment but
does not exempt plumbing, piping, drainage, electrical work associated with the
replacement. This exemption does not apply to installations in new buildings.
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SECTION 2. Santa Monica Municipal Code Section 8.08.070 is hereby amended
to read 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 this
Article, the California Building Standards Code 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, the
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 Section 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:
(1) Failure to Start Construction. If the building or work authorized by
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such permit is not started within one year 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 set forth in this subsection, based
on valuation.: 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 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.
(A) Except as provided in subsection (B), the time allowed to
complete all work authorized by a permit shall be as follows:
Valuation Time Allowed
Under $300,000.00 12 months
$300,001.00 to $1,000,000.00 24 months
$1,000,001.00 to $20,000,000.00 36 months
Over $20,000,000.00 48 months
(B) Notwithstanding subsection (A), the time allowed to complete all
work authorized by a permit (i) issued and active as of March 13, 2020; (ii)
issued between March 13, 2020 and December 31, 2022; or (iii) issued
pursuant to a complete application submitted between March 13, 2020 and
December 31, 2022, shall be as follows:
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Valuation Time Allowed
Under $300,000.00 36 months
$300,001.00 to $1,000,000.00 48 months
$1,000,001.00 to $20,000,000.00 60 months
Over $20,000,000.00 72 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 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;
(B) If construction has started, substantial progress has been made; (C) The condition of the property presents no health or safety
hazard; and
(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 180 one
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hundred eighty days or resume construction after cessation of work for 180 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; 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 180 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 applicable codes and standards 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.
SECTION3. 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
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to effect the provisions of this Ordinance.
SECTION4. 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.
SECTION5. 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. Pursuant to Sections
615 and 619 of the City Charter, for the reasons stated in the above recitals, the
staff report dated October 24, 2023, accompanying this ordinance, oral and written
testimony received by the City Council, and City Council discussion, the City Council
declares this ordinance to be necessary as an emergency measure for preserving
the public peace, health, and safety, with the result that this ordinance shall be
introduced and adopted at the same meeting upon its adoption.
APPROVED AS TO FORM:
DOUGLAS SLOAN City Attorney
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Approved and adopted this 24th day of October, 2023.
_____________________________
Gleam Davis, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do
hereby certify that the foregoing Ordinance No. 2762 (CCS) had its introduction
and adoption at the Santa Monica City Council meeting held on October 24,
2023, by the following vote:
AYES: Councilmembers Zwick, Parra, Brock, Torosis
Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: Councilmember de la Torre
Ayes:
ATTEST:
_____________________________________ _________________
Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2762 (CCS) was duly published pursuant to California
Government Code Section 40806.
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10/30/2023