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 3 of 4
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