City Council
Report
City Council Meeting: October 25, 2022
Agenda Item: 10.B
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To: Mayor and City Council
From: David Martin, Director, Building & Safety
Subject: Introduce for First Reading an Ordinance to Amend Santa Monica Municipal Code 8.08.060 to Extend Building Permit Application Expiration Dates for Projects Requiring a Coastal Development Permit
Recommended Action
Staff recommends that the City Council:
1. Adopt the CEQA findings in the staff report set forth under “Environmental Review;”
2. Introduce for first reading the attached ordinance to amend Santa Monica Municipal Code Section 8.08.060(h) to extend the building permit application expiration date for projects requiring a Coastal Development Permit.
Summary
City Council is asked to adopt an ordinance amending Santa Monica Municipal Code (“SMMC”) Section 8.08.060(h) to extend the expiration date of building permit applications for projects that require a Coastal Development Permit. Approval of a Coastal Development Permit is a lengthy process that is often difficult to complete within the current prescribed building permit application timeframe of one year. Additionally, many new development projects include a housing component, which is a statewide and local priority; therefore, staff is recommending extending the building permit application expiration date for projects in the Coastal Zone to three years from the date of filing a building permit application, or concurrent with the term of any vesting tentative map for the project (if applicable).
Discussion
Pursuant to SMMC Section 8.08.060(h)(1), a building permit application (i.e., plan 2 of 4
review) expires if no building permit is issued within one year of the application filing date, except for specific project types, such as demolition permits, which are provided extended expiration dates of up to three years due to the processing times associated with these specific project types. One six-month extension may be granted to these expiration dates. Pursuant to SMMC Section 8.08.060(h)(2), no action may be taken on an application after expiration and applicants shall be required to submit a new permit application, new submittal documents, and be subject to a new plan review fee.
Requiring a project to resubmit for a new building permit application would significantly delay the overall processing time and may potentially cause a project to jeopardize its land use entitlement from City Planning due to expiration. Typically, land use entitlement approvals for properties in the Coastal Zone expire if a building permit is not issued within two and a half years of the land use entitlement approval.
Santa Monica does not have a certified Coastal Zone Land Use Plan, which requires Coastal Commission approval of a local Land Use Plan and Coastal Zoning Ordinance.
As such, new development on properties within the Coastal Zone require the issuance of a Coastal Development Permit (“CDP”) from the California Coastal Commission before a City building permit can be issued. Projects that require a CDP can experience lengthy processing times from the California Coastal Commission. Most building permit applicants go through the CDP and local building permit processes concurrently, which often make it difficult to complete the City’s plan review process within the currently prescribed one-year timeframe. As such, it would be appropriate to establish an extended building permit application timeframe for developers to complete the plan review process for projects that require a CDP, particularly since the Coastal Commission is an external governmental agency outside the City’s control.
Additionally, housing development is of critical importance in the City and statewide, as evidenced by the State’s declaration of a housing crisis. New development in the City will typically contain a housing component and may include an associated tract map if residential condominiums are proposed. An approved tract map will have a separate expiration date and expires two years from its approval if a building permit is not issued, with an opportunity for additional extensions up to six years pursuant to the Subdivision 3 of 4
Map Act. Therefore, to further address the needs of the lengthy processing timelines associated with new development that requires a CDP, and to consolidate the varying expiration dates associated with a project, the proposed amendment to SMMC Section
8.08.060(h)(1) would add subsection (D) to read as follows:
(D) An application for a project that requires a Coastal Development Permit shall expire if no building permit is issued within three years of the building permit application filing date; however, if the project includes an approved vesting tentative map, the permit application expiration date shall be extended to be concurrent with the term of the vesting tentative map for the project.
Providing the extended processing timelines for projects that require a CDP and consolidating the varying expiration dates into one expiration date helps minimize confusion. It also helps to more effectively preserve the land use entitlement approvals and avoid potential expiration due to lack of timely building permit issuance.
Environmental Review
The proposed ordinance amendment to extend certain timelines for the processing of building permit applications for projects that require a Coastal Development Permit is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State Implementation Guidelines (common sense exception). Based on the evidence in the record, it can be seen with certainty that there is no possibility that the proposed changes may have a significant effect on the environment. The proposal would not result in adverse physical environmental effects as it encompasses only procedural changes. Therefore, no further environmental review under CEQA is required. Projects that have received vesting tentative maps will be required to have undergone their own separate CEQA review.
Financial Impacts & Budget Actions
There is no immediate financial impact or budget action necessary as a result of 4 of 4
the recommended action.
Prepared By: Ariel Socarras, Building and Safety Manager Approved Forwarded to Council
Attachments:
A. Ordinance Amending SMMC 08.08.060(h)