SR 10-24-2023 10A
City Council
Report
City Council Meeting: October 24, 2023
Agenda Item: 10.A
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To: Mayor and City Council
From: David Martin, Director, Building & Safety
Subject: Introduction and Adoption of an Emergency Ordinance to Clean Up Errors
and Restore Previously Approved Regulations for Masonry Wall Building
Permit Thresholds and to Extend Building Permit Expiration Dates
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section
15061(b)(3) (Common Sense Exemption) of the California Environmental Quality
Act (CEQA) Guidelines.
2. Introduce and adopt an emergency ordinance amending Article 8 of the
Municipal Code to clean up errors and restore previously approved regulations
that were inadvertently omitted by subsequent ordinance approvals.
Executive Summary
Two provisions in Article 8 of the Santa Monica Municipal Code (“SMMC”) were
inadvertently overwritten by a subsequent ordinance that resulted in the unintended
removal of regulations. This request is to amend the affected provisions and restore the
original regulations.
Specifically, the recommendation is to amend SMMC Section 8.08.050 to restore a local
amendment to the California Building Standards Code (“CBSC”) that reduces the
threshold height for when a concrete or masonry wall requires a building permit to four
feet; and, to amend SMMC Section 8.08.070 to restore extended timeframes for
building permit expiration dates by two years.
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Discussion
On October 25, 2022, Council approved an ordinance to adopt the 2022 CBSC as part
of the regular triennial building code update cycle. The ordinance adopted by Council at
that time inadvertently omitted and overwrote regulations from ordinances previously
approved by Council, which resulted in the regulations being removed from two sections
of Article 8 of the SMMC (Building Regulations). This request seeks to remedy the
oversight and restore the following two regulations:
1. SMMC Section 8.08.050.C.2 – A local amendment to the CBSC reducing the
threshold height for when a concrete or masonry wall requires a building
permit; and
2. SMMC Section 8.08.070 – Extended deadlines to building permit expiration
dates in response to the COVID-19 pandemic.
SMMC Section 8.08.050 – Permits Required
The CBSC exempts freestanding walls and fences of seven feet in height or less from
requiring a building permit. On May 12, 2020, Council approved Ordinance 2635(CCS)
to adopt a local amendment to the CBSC to reduce the building permit height threshold
for concrete or masonry walls to four feet. 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.
Local amendments such as this are permissible by the State of California as long as the
amended standard is more restrictive than the CBSC and climactic, geological, or
topographical findings are made. A resolution was adopted by Council when the
regulation was originally adopted that identified the need for the more restrictive
standard primarily due to seismic safety, the substantial risk of geologic hazards in
Southern California, and the City’s desire to protect against loss of life and property in
the event of a seismic event. The recommendation and the attached ordinance would
restore this local amendment and add it to SMMC Section 8.08.050.C.2.
SMMC Section 8.08.070 – Permit Expiration Extended Deadlines
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In response to the economic effects of COVID-19, the City issued an Emergency Order,
and subsequent supplements, that included extended deadlines for all active building
permit and planning entitlement applications for two years.
On January 25, 2022, the two-year extensions were codified and adopted by Council as
part of Emergency Ordinance 2689(CCS), which amended portions of Article VIII and
Chapter 9.56 of the Santa Monica Municipal Code (SMMC) to extend certain time
frames for building permits, mandatory seismic retrofit compliance, certificates of
appropriateness due to unavoidable delays caused by the COVID-pandemic and to
further economic recovery efforts. Only the provisions in SMMC Section 8.08.070 that
applied to extended building permit time frames were removed by the staff error and are
recommended to be restored. Specifically, the two-year extension applies to building
permits 1) issued and active as of March 13, 2020; 2) issued between March 13, 2020,
and December 31, 2022; or 3) issued pursuant to a complete application submitted
between March 13, 2020, and December 31, 2022.
The recommendation and the attached ordinance would restore the extended time
frames for qualifying building permits and add the provisions to SMMC Section
8.08.070.
Environmental Review
The proposed ordinance amendment to extend certain timeframes for qualifying building
permits is exempt from the provisions of the California Environmental Quality Act
(CEQA) pursuant to Section 15301(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 and as such, is
exempt from CEQA.
Financial Impacts and Budget Actions
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There is no immediate financial impact or budget action necessary as a result of the
recommended action.
Prepared By: Ariel Socarras, Building and Safety Manager
Approved
Forwarded to Council
Attachments:
A. Draft Proposed Ordinance dated October 24, 2023
B. Ordinance 2635(CCS) -Fences and Wall Heights - adopted on May 12, 2020
C. Ordinance 2689(CCS) - Extended Permit Timeframes - adopted on January 25,
2022
D. PowerPoint Presentation
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City Council Meeting: October 24, 2023 Santa Monica, California
ORDINANCE NUMBER (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
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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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Packet Pg. 501 Attachment: Draft Proposed Ordinance dated October 24, 2023 [Revision 2] (5913 : Introduction and Adoption of an Emergency Ordinance to
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City Council Meeting: May 12, 2020 Santa Monica, California
ORDINANCE NUMBER 2635 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SECTION 8.08.050 OF THE SANTA MONICA
MUNICIPAL CODE TO ADOPT THE 2019 CALIFORNIA BUILDING STANDARDS
CODE REGULATION TO EXEMPT FREESTANDING WALLS SEVEN FEET OR LESS
IN HEIGHT FROM REQUIRING A BUILDING PERMIT, AND ADOPT A LOCAL
AMENDMENT TO THE BUILDING STANDARDS CODE TO EXEMPT CONCRETE OR
MASONRY WALLS FOUR FEET IN HEIGHT OR LESS FROM REQUIRING A
BUILDING PERMIT
WHEREAS, Health and Safety Code Section 18938 provides that the triennial
edition of the California Building Standards Code establishes building standards for all
occupancies throughout the State and requires that these standards incorporate the latest
editions of the Technical Codes with necessary California amendments; and
WHEREAS, on July 1, 2019, the California State Building Standards Commission
approved and published the 2019 edition of the California Building Standards Code; and
WHEREAS, the Technical Codes incorporated by reference in the 2019 California
Building Standards Code include the 2019 California Building Code and the 2019
California Residential Code; and
WHEREAS, Health and Safety Code Sections 18938 and 17958 make the
California Building Standards Code applicable to all cities and counties throughout
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Packet Pg. 502 Attachment: Ordinance 2635(CCS) -Fences and Wall Heights - adopted on May 12, 2020 [Revision 1] (5913 : Introduction and Adoption of an
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California, including the City of Santa Monica, 180 days after publication by the State
Building Standards Commission, which was January 1, 2020; and
WHEREAS, Health and Safety Code Sections 17958.5, 17958.7, and 18941.5
provide that the City may make changes or modifications to the building standards
contained in the California Building Standards Code based upon express findings that
such changes or modifications are reasonably necessary because of local climatic,
geological, or topographical conditions; and
WHEREAS, at its October 15, 2019, meeting, the Santa Monica City Council
adopted a resolution making findings regarding local climatic, geological, topographical,
and environmental conditions to support certain local amendments to the 2019 California
Building Standards Code; and
WHEREAS, at its October 22, 2019, meeting, the Santa Monica City Council
adopted an ordinance that adopted the 2019 California Building Code and the 2019
California Residential Code and the Santa Monica local amendments to the 2019
California Building Standards Code; and
WHEREAS, Section 105.2 of the 2019 California Building Code and Section
R105.2 of the 2019 California Residential Code exempt from permit requirements fences
not over 7 feet high; and
WHEREAS, upon filing the Santa Monica local amendments to the 2019 California
Building Standards Code with the California Building Standards Commission, it was
identified that an inconsistency existed between Santa Monica Municipal Code Section
8.08.050(c)(2), which exempted fences and walls over six feet high from requiring a
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10.A.b
Packet Pg. 503 Attachment: Ordinance 2635(CCS) -Fences and Wall Heights - adopted on May 12, 2020 [Revision 1] (5913 : Introduction and Adoption of an
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building permit, and Section 105.2 of the 2019 California Building Code and Section
R105.2 of the 2019 California Residential Code, which exempted fences over seven feet
high from requiring a building permit; and
WHEREAS, Santa Monica Municipal Code Section 8.08.050(c)(2) was more
restrictive than the 2019 California Building Standards Code in its requirement for building
permits for fences and walls, but the finding regarding local climatic, geological, and
topographical conditions required to support such a more restrictive local amendment
was not included in the October 15, 2019, City Council resolution; and
WHEREAS, on February 3, 2020, the California Building Standards Commission
notified the City of Santa Monica Building & Safety Division that Santa Monica Municipal
Code Section 8.08.050(c)(2), which requires a building permit for fences and walls more
than six feet in height, was rejected due to the need for an express finding related to
climatic, geological, and topographical conditions related to this more restrictive
requirement; and
WHEREAS, on March 11, 2020, the Building and Fire Life Safety Commission met
to consider a recommendation to the City Council regarding adopting a local amendment
to the 2019 California Building Standards Code for when a fence or wall requires a
building permit, and a resolution making findings regarding local climactic, geological, and
topographical conditions to support the local amendment; and
WHEREAS, at the March 11, 2020, meeting, the Building and Safety Commission
unanimously recommended that the City Council adopt a resolution making the necessary
findings regarding local climactic, geological, and topographical conditions, and adopt the
local amendment to the 2019 California Building Standards Code for when a fence or wall
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10.A.b
Packet Pg. 504 Attachment: Ordinance 2635(CCS) -Fences and Wall Heights - adopted on May 12, 2020 [Revision 1] (5913 : Introduction and Adoption of an
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requires a building permit; and
WHEREAS, based upon the findings contained in the Resolution adopted
concurrently with this Ordinance, the City Council has found that certain modifications
and additions to the California Building Standards Code are reasonably necessary based
upon local climatic, geological, and topographical conditions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. It is the purpose and intent of this Ordinance to adopt a local
amendment to the 2019 California Building Standards Code that is necessary to address
local climatic, geographical, and topographical conditions.
SECTION 2. Section 8.08.050 of the Santa Monica Municipal Code is hereby
amended to read as follows:
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.
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Packet Pg. 505 Attachment: Ordinance 2635(CCS) -Fences and Wall Heights - adopted on May 12, 2020 [Revision 1] (5913 : Introduction and Adoption of an
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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.
(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.
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Packet Pg. 506 Attachment: Ordinance 2635(CCS) -Fences and Wall Heights - adopted on May 12, 2020 [Revision 1] (5913 : Introduction and Adoption of an
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(2) Exterior freestanding masonry or concrete walls not over four feet high, and other
fences not over seven 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
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.
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Packet Pg. 507 Attachment: Ordinance 2635(CCS) -Fences and Wall Heights - adopted on May 12, 2020 [Revision 1] (5913 : Introduction and Adoption of an
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(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
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.
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Packet Pg. 508 Attachment: Ordinance 2635(CCS) -Fences and Wall Heights - adopted on May 12, 2020 [Revision 1] (5913 : Introduction and Adoption of an
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(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.
(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.
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Packet Pg. 509 Attachment: Ordinance 2635(CCS) -Fences and Wall Heights - adopted on May 12, 2020 [Revision 1] (5913 : Introduction and Adoption of an
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(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
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.
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Packet Pg. 510 Attachment: Ordinance 2635(CCS) -Fences and Wall Heights - adopted on May 12, 2020 [Revision 1] (5913 : Introduction and Adoption of an
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(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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Packet Pg. 511 Attachment: Ordinance 2635(CCS) -Fences and Wall Heights - adopted on May 12, 2020 [Revision 1] (5913 : Introduction and Adoption of an
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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 30
days after its submission to the California Building Standards Commission.
APPROVED AS TO FORM:
_________________________
GEORGE S. CARDONA
Acting City Attorney
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Packet Pg. 512 Attachment: Ordinance 2635(CCS) -Fences and Wall Heights - adopted on May 12, 2020 [Revision 1] (5913 : Introduction and Adoption of an
Approved and adopted this 12th day of May, 2020.
_____________________________
Kevin McKeown, 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. 2635 (CCS) had its introduction
on April 28, 2020 and was adopted at the Santa Monica City Council meeting
held on May 12, 2020, by the following vote:
AYES: Councilmembers Davis, Morena, Himmelrich, Winterer, Jara,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
ATTEST:
_____________________________________ _________________
Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2635 (CCS) was duly published pursuant to
California Government Code Section 40806.
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5/21/2020
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Packet Pg. 513 Attachment: Ordinance 2635(CCS) -Fences and Wall Heights - adopted on May 12, 2020 [Revision 1] (5913 : Introduction and Adoption of an
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City Council Meeting: January 25, 2022 Santa Monica, California
ORDINANCE NUMBER_________(CCS)
(City Council Series)
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA 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
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 28, 2017, the City Council adopted Ordinance Number 2537
(CCS) amending Articles IV and VIII of the Santa Monica Municipal Code by updating
seismic retrofit standards and tenant protection laws; and
WHEREAS, Ordinance 2537, in part, set forth time frames for compliance with
mandatory seismic retrofit requirements for a variety of building types within the City; and
WHEREAS, Landmark and Historic District Ordinance of the City of Santa Monica,
Santa Monica Municipal Code Chapter 9.56, sets forth time frames for review of
applications for designation of Structures of Merit and Landmarks and applications for
Certificates of Appropriateness, and time frames for commencement of work approved
pursuant to a Certificate of Appropriateness; and
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Packet Pg. 514 Attachment: Ordinance 2689(CCS) - Extended Permit Timeframes - adopted on January 25, 2022 (5913 : Introduction and Adoption of an
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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
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
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Packet Pg. 515 Attachment: Ordinance 2689(CCS) - Extended Permit Timeframes - adopted on January 25, 2022 (5913 : Introduction and Adoption of an
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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
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
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Packet Pg. 516 Attachment: Ordinance 2689(CCS) - Extended Permit Timeframes - adopted on January 25, 2022 (5913 : Introduction and Adoption of an
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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 desires to amend portions of Article VIII and the
Landmarks Ordinance to codify two-year extensions for building permits, seismic retrofit
compliance, and commencement of work authorized pursuant to a Certificate of
Appropriateness previously extended through the Emergency Order, and to extend
permits eligible for such extensions through December 31, 2022; 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
WHEREAS, on June 9, 2020, as part of the Restructuring Plan, the City Council
approved City staff’s recommendation regarding a restructured historic preservation
program, and on June 23, 2020, the City Council adopted the FY 2020-21 Operating
Budget, including a final approval of the restructured historic preservation program; and
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Packet Pg. 517 Attachment: Ordinance 2689(CCS) - Extended Permit Timeframes - adopted on January 25, 2022 (5913 : Introduction and Adoption of an
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WHEREAS, the restructured historic preservation program reflects a substantial
reduction in staff support for the historic preservation program; and
WHEREAS, the City Council desires to amend the Landmarks Ordinance to
extend deadlines for processing applications for designation of Structures of Merits and
Landmarks and for Certificates of Appropriateness to reflect the reduction in resources;
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 8.08.070 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
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Packet Pg. 518 Attachment: Ordinance 2689(CCS) - Extended Permit Timeframes - adopted on January 25, 2022 (5913 : Introduction and Adoption of an
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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
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,
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Packet Pg. 519 Attachment: Ordinance 2689(CCS) - Extended Permit Timeframes - adopted on January 25, 2022 (5913 : Introduction and Adoption of an
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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:
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.
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Packet Pg. 520 Attachment: Ordinance 2689(CCS) - Extended Permit Timeframes - adopted on January 25, 2022 (5913 : Introduction and Adoption of an
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(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
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.
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(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.
SECTION 2. Santa Monica Municipal Code Section 8.60.040 is hereby amended
to read as follows:
8.60.040 Time limits for compliance
(a) Except as provided in subsection (b), the The owner of any URM building
covered by this Chapter shall comply with the following time limits:
Action by Building Owner Time Limits from Date of Service of Order
Structural Evaluation Report 90 Days or 3 Months
Application for Building Permit and Submission of Plans 180 Days or 6 Months
Final Approval 2 Years or 24 Months
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(b) Notwithstanding subsection (a) above, the owner of any URM building
covered by this Chapter that has received a permit: (1) issued and active as of March 13,
2020; (2) issued between March 13, 2020 and December 31, 2022; or (3) issued pursuant
to a complete application submitted between March 13, 2020 and December 31, 2022
shall comply with the following time limits.
Action by Building Owner Time Limits from Date of Service of Order
Structural Evaluation Report 2 years, 3 Months; or 27 Months
Application for Building Permit and Submission of Plans 2 years, 6 Months; or 30 Months
Final Approval 4 Years or 48 Months
SECTION 3. Santa Monica Municipal Code Section 8.64.060 is hereby amended
to read as follows:
8.64.060 Time limits for compliance
(a) Except as provided in subsection (b) below, the The owner of any building
covered by this Chapter shall comply with the following time limits.
Action by Building Owner Time Limits from Date of Service of Order
Structural Evaluation Report 120 Days or 4 Months
Application for Building Permit and Submission of Plans 270 Days or 9 Months
Final Approval 3 Years or 36 Months
(b) Notwithstanding subsection (a) above, the owner of any building covered
by this Chapter that has received a permit: (1) issued and active as of March 13, 2020;
(2) issued between March 13, 2020 and December 31, 2022; or (3) issued pursuant to a
complete application submitted between March 13, 2020 and December 31, 2022 shall
comply with the following time limits.
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Action by Building Owner Time Limits from Date of Service of Order
Structural Evaluation Report 2 years, 4 Months; or 28 Months
Application for Building Permit and Submission of Plans 2 years, 9 Months; or 33 Months
Final Approval 5 Years or 60 Months
SECTION 4. Santa Monica Municipal Code Section 8.72.050 is hereby amended
to read as follows:
8.72.050 Time limits for compliance
The owner of any building covered by this Chapter shall comply with the following
time limits.
Action by Building Owner Time Limits from Date of Service of Order
Structural Evaluation Report 42 Years or 4824 Months
Application for Building Permit and Submission of Plans 53 Years or 6036 Months
Final Approval 86 Years or 9672 Months
SECTION 5. Santa Monica Municipal Code Section 8.76.060 is hereby amended
to read as follows:
8.76.060 Time limits for compliance
(a) Except as provided in subsection (b) below, the The owner of any building
covered by this Chapter shall comply with the following time limits.
Action by Building Owner Time Limits from Date of Service of Order
Structural Evaluation Report 3 Years or 36 Months
Application for Building Permit and Submission of Plans 12 Years or 144 Months
Final Approval 20 Years or 240 Months
(b) Notwithstanding subsection (a) above, the owner of any building covered
by this Chapter that has received a permit: (1) issued and active as of March 13, 2020;
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(2) issued between March 13, 2020 and December 31, 2022; or (3) issued pursuant to a
complete application submitted between March 13, 2020 and December 31, 2022 shall
comply with the following time limits.
Action by Building Owner Time Limits from Date of Service of Order
Structural Evaluation Report 5 Years or 60 Months
Application for Building Permit and Submission of Plans 14 Years or 168 Months
Final Approval 22 Years or 264 Months
SECTION 6. Santa Monica Municipal Code Section 8.80.060 is hereby amended
to read as follows:
8.80.060 Time limits for compliance
(a) Except as provided in subsection (b) below, the The owner of any building
covered by this Chapter shall comply with the following time limits.
Action by Building Owner Time Limits from Date of Service of Order
Structural Evaluation Report 3 Years or 36 Months
Application for Building Permit and Submission of Plans 4 Years, 6 Months or 54 Months
Final Approval 10 Years or 120 Months
(b) Notwithstanding subsection (a) above, the owner of any building covered
by this Chapter that has received a permit: (1) issued and active as of March 13, 2020;
(2) issued between March 13, 2020 and December 31, 2022; or (3) issued pursuant to a
complete application submitted between March 13, 2020 and December 31, 2022 shall
comply with the following time limits.
Action by Building Owner Time Limits from Date of Service of Order
Structural Evaluation Report 5 Years or 60 Months
Application for Building Permit and Submission of Plans 6 Years, 6 Months or 78 Months
Final Approval 12 Years or 144 Months
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SECTION 7. Santa Monica Municipal Code Section 9.56.090 is hereby amended
to read as follows:
9.56.090 Structure of Merit Designation Procedure
Structures of Merit shall be designated by the Landmarks Commission in
accordance with the following procedure:
A. Except as limited by Section 9.25.040(E), any person may request the
designation of an improvement as a Structure of Merit by properly filing with the Director
an application for such designation on a form furnished by the Department. Additionally,
the Commission may file an application for the designation of a Structure of Merit on its
own motion. Within thirty days of filing a Structure of Merit designation application, the
property owner and tenants of the subject property shall be notified of the application
filing.
B. Upon determination that an application for designation of an improvement as
a structure of merit is complete, removal or demolition, in whole or in part, of or to a
proposed Structure of Merit is prohibited, and no permit issued by any City Department,
Board or Commission including, but not limited to, a conditional use permit, a tentative
tract map, or tentative parcel map permit, a development review permit, any Zoning
Conformance permit, Architectural Review Board approval, rent control permit, or building
permit, authorizing any such removal or demolition shall be granted while any action on
the application is pending.
C. The Director shall conduct an evaluation of the proposed designation and shall
make a recommendation to the Commission as to whether the structure merits such
designation. A public hearing to determine whether the structure merits such designation
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shall be scheduled before the Landmarks Commission within ninety one hundred days of
the determination that the application is complete. The owner of the improvement may
agree to extend the time period for the Commission to hold the public hearing on the
application.
D. Not more than twenty days and not less than ten days prior to the date
scheduled for a public hearing, notice of the date, time, place, and purpose thereof shall
be given by at least one publication in a daily newspaper of general circulation, and shall
be mailed to the applicant, owner of the improvement, and to all owners and residential
and commercial tenants of all real property within three hundred feet of the exterior
boundaries of the lot or lots on which a proposed Structure of Merit is situated, using for
this purpose the names and addresses of such owners as are shown on the records of
the Los Angeles County Assessor. The failure to send notice by mail to any such real
property owner where the address of such owner is not a matter of public record shall not
invalidate any proceedings in connection with the proposed designation. The Commission
may also give such other notice as it may deem desirable and practicable.
E. At the conclusion of the public hearing, or any continuation thereof, No later
than ninety days from the determination that the application is complete, the Commission
shall approve, in whole or in part, or disapprove the application for the designation of a
Structure of Merit. Any continued public hearing must be completed within thirty-five days
from the date set for the initial public hearing. If the Commission fails to take action on the
application for the designation of a Structure of Merit within the thirty-five day time period
at the conclusion of the public hearing, the application for such designation shall be
deemed disapproved, and it shall be the duty of the Director to certify such disapproval.
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The owner of the improvement may agree to extend the time period for the Commission
to hold and conclude the public hearing on the application.
F. The decision of the Commission shall be in writing and shall state the findings
of fact and reasons relied upon to reach the decision, and such decision shall be filed with
the Director.
G. Upon the rendering of a decision to designate a Structure of Merit, the owner
of the designated Structure of Merit shall be given written notification of such designation
by the Commission, using for this purpose the name and address of such owner as is
shown in the records of the Los Angeles County Assessor.
H. Subject to other provisions of this Section and Section 9.56.180 of this Chapter,
a decision of the Commission to designate a Structure of Merit shall be in full force and
effect from and after the date of the rendering of such decision by the Commission.
I. The Commission shall have the power, after a public hearing, to amend, modify,
or rescind any decision to designate a Structure of Merit and to make any preliminary or
supplemental designations, determinations or decisions, as additions thereto.
J. The Commission shall determine the instances in which cases scheduled for
public hearing may be continued or taken under advisement. In such instances, no new
notice need be given of the further hearing date, provided such date is announced at the
scheduled public hearing.
K. Whenever an application for the designation of a Structure of Merit has been
disapproved or deemed disapproved by the Commission, no application which contains
the same or substantially the same information as the one which has been disapproved
shall be resubmitted to or reconsidered by the Commission or City Council within a period
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of five years from the effective date of the final action upon such prior application.
However, if significant new information is available, the City Council, upon
recommendation from the Landmarks Commission, may waive the time limit by resolution
and permit a new application to be filed. In addition, an application by the owner of the
improvement proposed for Structure of Merit designation may be resubmitted or
reconsidered notwithstanding said five year time period.
L. If an improvement is designated as a Structure of Merit because the
improvement contributes to a potential Historic District, this designation shall remain in
full force and effect only if within ninety days from the date of designation, either by the
Landmarks Commission or by the City Council on appeal, an application for designation
of an Historic District has been filed pursuant to Section 9.56.130 which would include the
Structure of Merit within its area. If a Historic District application is timely filed, the
Structure of Merit designation shall remain in full force and effect during the Historic
District designation process. If an application for designation of a Historic District is not
timely filed or a Historic District is not designated in accordance with Section 9.56.130,
then the Structure of Merit designation shall be automatically nullified without any action
required by the Commission.
SECTION 8. Santa Monica Municipal Code Section 9.56.120 is hereby amended
to read as follows:
9.56.120 Landmark Designation Procedure
Landmarks shall be designated by the Landmarks Commission in accordance with
the following procedure:
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A. Except as limited by Section 9.25.040(E), any person may request the
designation of an improvement as a Landmark by filing a complete application for such
designation with the Department on a form furnished by the Department. Additionally, the
Commission may file an application for the designation of a Landmark on its own motion.
Within thirty days of filing a landmark designation application, the property owner and
tenants of the subject property shall be notified of the filing of such application.
B. Upon the filing of an application for designation of an improvement as a
Landmark, any alteration, restoration, construction, removal, relocation or demolition, in
whole or in part, of or to a proposed Landmark or Landmark Parcel is prohibited. No
permit shall be issued by any City Department, board or commission, including, but not
limited to, a conditional use permit, a tentative tract map or tentative parcel map permit,
a development review permit, any Zoning Conformance permit, Architectural Review
Board approval, certificate of appropriateness permit, rent control permit, or building
permit, which would authorize any such alteration, restoration, construction, removal,
relocation or demolition until a final determination on the application is rendered by the
Commission, or the City Council on appeal.
C. The Director shall conduct an evaluation of the proposed designation and shall
make a recommendation to the Commission as to whether the improvement merits
designation. A public hearing to determine whether the improvement merits designation
shall be scheduled before the Landmarks Commission within one hundred sixty-five days
of the determination that the application is complete. The owner of the improvement may
agree to extend the time period for the Commission to hold the public hearing on the
application.
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D. Not more than twenty days and not less than ten days prior to the date
scheduled for a public hearing, notice of the date, time, place and purpose thereof shall
be given by at least one publication in a daily newspaper of general circulation, and shall
be mailed to the applicant, the owner of the improvement, all owners and residential and
commercial tenants of all real property within three hundred feet of the exterior boundaries
of the lot or lots on which a proposed Landmark is situated, and to residential and
commercial tenants of the subject property, using for this purpose the names and
addresses of such owners as are shown on the records of the Los Angeles County
Assessor. The address of the residential and commercial tenants shall be determined by
visual site inspection or other reasonably accurate means. The failure to send notice by
mail to any such real property owner where the address of such owner is not a matter of
public record shall not invalidate any proceedings in connection with the proposed
designation. The Commission may also give such other notice as it may deem desirable
and practicable.
E. At the conclusion of the public hearing, or any continuation thereof, the
Commission shall approve, in whole or in part, or disapprove the application for the
designation of a Landmark, and may define and describe an appropriate Landmark
Parcel. Any continued public hearing must be completed within thirty-five sixty-five days
from the date set for the initial public hearing. If the Commission fails to take action on the
application for the designation of a Landmark within the thirty-five sixty-five day time
period, the application for such designation shall be deemed disapproved. The owner of
the improvement may agree to extend the time period for the Commission to hold and
conclude the public hearing on the application.
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F. The Commission shall have the power, after a public hearing, whether at the
time it renders such decision to designate a Landmark or at any time thereafter, to specify
the nature of any alteration, restoration, construction, removal, relocation or demolition of
or to a Landmark or Landmark Parcel which may be performed without the prior issuance
of a certificate of appropriateness pursuant to this Chapter. The Commission shall also
have the power, after a public hearing, to amend, modify or rescind any decision to
designate a Landmark or Landmark Parcel and any specifications made pursuant to this
subsection. The Commission shall further have the power to make any preliminary or
supplemental designations, determinations or decisions, as additions to its designation
determinations.
G. Subject to other provisions of this Section and Section 9.56.180 of this Chapter,
a decision of the Commission to designate a Landmark shall be in full force and effect
from and after the date of the rendering of such decision by the Commission.
H. Within thirty-five days after the decision has been rendered, the Commission
shall approve a statement of official actions which shall include:
1. A statement of the applicable criteria and standards against which the
application for designation was assessed.
2. A statement of the facts found that establish compliance or non-
compliance with each applicable criteria and standards.
3. The reasons for a determination to approve or deny the application.
4. The decision to deny or to approve with or without conditions and
subject to compliance with applicable standards.
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I. The official owner of the designated Landmark shall be provided a copy of the
statement of official action after Commission approval using for this purpose the name
and address of such owner as is shown in the records of the Los Angeles County
Assessor.
J. Whenever an application for the designation of a Landmark has been
disapproved or deemed disapproved by the Commission, or by the City Council on
appeal, no new application which contains the same or substantially the same information
shall be filed within a period of five years from final action on the prior application.
However, if significant new information is available, the Landmarks Commission may
waive the time limit by resolution and permit a new application to be filed. In addition, an
application of the owner of the subject improvement proposed for Landmark designation
may be resubmitted or reconsidered notwithstanding the five year time period.
SECTION 9. Santa Monica Municipal Code Section 9.56.170 is hereby amended
to read as follows:
9.56.170 Certificate of Appropriateness/Certificate of Economic Hardship
Procedure
An application for a certificate of appropriateness or an application for a certificate
of economic hardship approving any proposed alteration, restoration, construction,
removal, relocation, or demolition, in whole or in part, of or to a Landmark or Landmark
Parcel, or of or to a building or structure within a Historic District shall be processed in
accordance with the following procedure:
A. Any owner of a Landmark, or of a building or structure within a Historic District,
may request the issuance of a certificate of appropriateness or certificate of economic
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hardship by properly filing with the Director an application for such certificate of
appropriateness or certificate of economic hardship on a form furnished by the
Department. Each application for a certificate of appropriateness or certificate of
economic hardship shall include such plans, specifications, statements of work, and any
other information which are reasonably required by the Landmarks Commission to make
a decision on any such proposed work. An application shall be determined complete
within thirty days after the Department receives a substantially complete application
together with all information, plans, specifications, statements of work, and any other
materials and documents required by the appropriate application forms supplied by the
City. If, within the specified time period, the Department fails to advise the applicant in
writing that his or her application is incomplete and to specify additional information
required to complete that application, the application shall automatically be deemed
complete.
B. The Director shall schedule a public hearing to be held within sixty-five forty-
five days of the date on which an application for a certificate of appropriateness or
certificate of economic hardship is determined complete and shall make a preliminary
recommendation to the Commission on or before the date scheduled for a public hearing
as to the appropriateness and qualification of the application for a certificate of
appropriateness or certificate of economic hardship.
C. Not more than twenty days and not less than ten days prior to the date
scheduled for a public hearing, notice of the date, time, place and purpose thereof shall
be given by at least one publication in a daily newspaper of general circulation, shall be
mailed to the applicant, and to the owners and residential and commercial tenants of all
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real property within three hundred feet of the exterior boundaries of the Landmark Parcel
upon which a Landmark is situated in the case of any proposed work to a Landmark, or
within three hundred feet of the exterior boundaries of the lot or lots on which a building
or structure within a Historic District is situated in the case of any proposed work to a
building or structure within a Historic District, using for this purpose the names and
addresses of such owners as are shown on the records of the Los Angeles County
Assessor. The failure to send notice by mail to any such real property owner where the
address of such owner is not a matter of public record shall not invalidate any proceedings
in connection with the proposed designation. The Commission may also give such other
notice as it may deem desirable and practicable.
D. The Commission shall have up to six months, or one year if the project requires
an Environmental Impact Report, to render a decision on the certificate application. If the
Commission does not render a decision within this time period, then the certificate
application shall be automatically determined approved if any required environmental
review has been completed. Notwithstanding the foregoing, the Commission may
mutually agree with the applicant for a certificate of appropriateness or certificate of
economic hardship to extend the six months or one year time period in which the
Commission must take action to another time period which is mutually agreeable. The
time period provided for in this Section shall be extended by the time period provided for
in Section 9.56.160(D) when applicable.
E. The decision of the Commission shall be in writing and shall state the findings
of fact and reasons relied upon to reach the decision, and such decision shall be filed with
the Director of Planning.
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F. Subject to the provisions of Section 9.56.180 of this Chapter, upon the
rendering of such decision to approve an application for a certificate of appropriateness
or certificate of economic hardship, the Commission shall issue the certificate of
appropriateness or certificate of economic hardship within a reasonable period of time
and such issued certificate of appropriateness or certificate of economic hardship may be
obtained by the applicant from the Department.
G. Subject to other provisions of this Section 9.56.170 and Section 9.56.180 of
this Chapter, a decision of the Commission shall be in full force and effect from and after
the date of the rendering of such decision by the Commission. A certificate of economic
hardship may be appealed to the City Council in the same manner and according to the
same procedures as for a certificate of appropriateness.
H. Subject to other provisions of Sections 9.56.170 and 9.56.180 of this Chapter,
a certificate of appropriateness or certificate of economic hardship shall be in full force
and effect from and after the date of the issuance by the Commission.
Any certificate of appropriateness or certificate of economic hardship issued
pursuant to this Chapter shall expire within the following time frames, unless the work
authorized by the Certificate of appropriateness has commenced:
1. Except as provided in paragraph 2 below, one year from the its date of
issuance unless the work authorized by the certificate has been commenced.
2. Notwithstanding paragraph 1 above, three years from the date of issuance
for a Certificate of Appropriateness:
a. Issued and active as of March 13, 2020;
b. Issued between March 13, 2020 and December 31, 2022; or
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c. Issued in accordance with a complete application that was submitted
between March 13, 2020 and December 31, 2022.
3. In addition, any such certificate of appropriateness or certificate of economic
hardship shall also expire and become null and void if such work authorized is suspended
or abandoned for a one hundred eighty-day time period after being commenced.
I. The Commission shall have the power, after a public hearing, to amend, modify
or rescind any decision to approve, in whole or in part, an application for a certificate of
appropriateness or certificate of economic hardship and to make any preliminary or
supplemental designations, determinations or decisions, as additions thereto.
J. The Commission shall determine the instances in which cases scheduled for
public hearing may be continued or taken under advisement. In such instances, no new
notice need be given of the further hearing date, provided such date is announced at the
scheduled public hearing.
K. The following rules shall limit the resubmittal of an application for a certificate
of appropriateness or certificate of economic hardship:
1. Whenever an application for a certificate of appropriateness or
certificate of economic hardship for demolition has been disapproved or deemed
disapproved by the Commission, or by the City Council on appeal, no application
which is the same or substantially the same as the one which has been
disapproved shall be resubmitted to or reconsidered by the Commission or City
Council for a period of five years from the effective date of the final action upon the
prior application. A certificate of appropriateness or certificate of economic
hardship for demolition may be re-filed at any time during the five-year period
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provided that the applicant submits significant additional information which was not
and could not have been submitted with the previous application. A re-filed
application shall be processed in the manner outlined in this Section 9.56.170.
Under this provision, should the applicant still seek to demolish the Landmark
structure after the five year period has expired, a new and separate certificate of
appropriateness or certificate of economic hardship application would be required
to be re-filed. This application shall be subject to the same conditions as the prior
application.
2. Whenever an application for a certificate of appropriateness or
certificate of economic hardship for other than demolition has been disapproved or
deemed disapproved by the Commission, or by the City Council on appeal, no
application which is the same or substantially the same as the one which has been
disapproved shall be resubmitted to or reconsidered by the Commission or City
Council within a period of one hundred eighty days from the effective date of the
final action upon such prior application. A certificate of appropriateness or
certificate of economic hardship for other than demolition may be re-filed at any
time during the one hundred eighty day period provided that the applicant submits
significant additional information, which was not and could not have been
submitted with the previous application. A re-filed application shall be processed
in the manner outlined in this Section 9.56.170. Under this provision, should the
applicant still seek approval for other than the demolition of a Landmark structure
after the one hundred eighty day period has expired, a new and separate certificate
of appropriateness or certificate of economic hardship application would be
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required to be re-filed. This application shall be subject to the same conditions as
the prior application.
L. Under the authority of Section 9.56.060, the Commission, may, by resolution,
establish criteria under which the Landmarks Commission Secretary may approve
certificate of appropriateness applications for minor or insignificant alterations,
restorations, or construction, in whole or in part, of or to a Landmark or Landmark Parcel,
or of or to a building or structure within a Historic District which would not defeat the
purposes and objectives of this Chapter.
SECTION 10. The City Council finds, based on the findings above and the
reasons set forth in the Staff Report accompanying this Ordinance, that it is necessary
to adopt this Ordinance as an emergency measure to preserve the public peace, health
and safety.
SECTION 11. 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 12. 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
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any portion of the ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 13. 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:
_______________________
JOSEPH LAWRENCE
Interim City Attorney
10.A.c
Packet Pg. 540 Attachment: Ordinance 2689(CCS) - Extended Permit Timeframes - adopted on January 25, 2022 (5913 : Introduction and Adoption of an
Agenda Item 10.A
City Council
October 24, 2023
SMMC Chapter 8 Cleanup and Error Corrections
10.A.d
Packet Pg. 541 Attachment: PowerPoint Presentation (5913 : Introduction and Adoption of an Emergency
Proposed Changes
Restore the following two SMMC Chapter 8 Provisions:
SMMC 8.08.050(c)(2) – Work Exempt from Building Permit
Exterior freestanding masonry or concrete walls not over four feet high, and other
fences not over seven feet high.
SMMC 8.08.070(c)(3) – Building Permit Expiration
Two-year extension to building permits:
1) issued and active as of March 13, 2020;
2) issued between March 13, 2020, and December 31, 2022;
3) issued pursuant to a complete application submitted between March 13,
2020 and December 31, 2022.
10.A.d
Packet Pg. 542 Attachment: PowerPoint Presentation (5913 : Introduction and Adoption of an Emergency