SR 01-25-2022 7A
City Council Report
City Council Meeting: January 25, 2022
Agenda Item: 7.A
1 of 7
To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Introduction and Adoption of Emergency Interim Zoning Ordinance and
Emergency Ordinance to Extend Permitting Timelines
Recommended Action
Staff recommends that the City Council:
1. Introduce and adopt an emergency Interim Zoning Ordinance to extend
deadlines to exercise and continuously pursue the rights granted under planning
entitlements, permits and approvals issued and still active as of March 13, 2020,
or issued between March 13, 2020 and December 31, 2022 or for which
applications were received between March 13, 2020 and December 21, 2022
under the Zoning Ordinance, Chapters 9.01 to 9.52 of the Santa Monica
Municipal Code (“SMMC”), by two years; and allow planning entitlements,
permits and approvals issued and still active as of March 13, 2020, or issued
between March 13, 2020 and December 31, 2022 to request a First Time
Extension or Other Extension pursuant to SMMC Section 9.37.090(C)(1) and
9.37.090(C)(2) at any time at least 30 days prior to the expiration of the permit
under Article IX of the Santa Monica Municipal Code
2. Introduce and adopt an emergency ordinance amending SMMC 8.08.070 to
extend deadlines for expiration of building permits, plan reviews and related
approvals issued and still active as of March 13, 2020, issued between March 13,
2020 and December 31, 2022, or for which complete applications have been
received between March 13, 2020 and December 31, 2022 by two years; and
amending SMMC Chapter 9.56, the Landmarks Ordinance, to extend certain
public hearing deadlines for applications for Structure of Merit and Landmark
designations and for Certificates of Appropriateness, and to extend deadlines for
Certificates of Appropriateness that by two years.
Summary
With the pending expiration of emergency orders as of January 31, 2022 and the
ongoing impacts of COVID-19 to City operations and the building industry, the proposed
7.A
Packet Pg. 180
2 of 7
Emergency Interim Zoning Ordinance (IZO) and emergency ordinance(s) would
continue the COVID-era deadline extensions for planning entitlements, building permits,
and plan reviews for projects with active planning entitlements, building permits or plan
reviews as of the start of the COVID emergency, and for projects that have been issued
planning entitlements, building permits, plan checks or have submitted applications for
planning entitlements, building permits or plan reviews starting with the COVID
emergency until December 31, 2022 in order to support continued economic recovery,
as well as extend the public hearing timelines for applications associated with the
historic preservation program. A current and immediate threat to the public health,
safety, and general welfare continues to exist due to the devastating impact the COVID-
19-mandated closures and limitations have had on the local economy, and the
proposed interim zoning regulations and emergency ordinances are necessary to
stimulate economic recovery and to protect the public health, safety, and welfare.
Background
On March 13, 2020, the City declared the existence of a local emergency in response to
COVID-19. On April 14, 2020, Council directed that a restructuring of City services be
focused around health and safety, emergency response, and economic recovery. As
introduced at the April 28, 2020 City Council meeting, the City implemented a multi-
pronged economic recovery plan that focused on five policy areas:
• Business Retention/Reopening
• Business Process/Permitting Improvements
• Outreach/Marketing
• Community Economic Development/Local Hire
• Federal and State Resources/Funding Partnerships
In response to this direction and the economic effects of COVID-19, the Director of
Emergency Services, adopted a series of supplements to the City’s local emergency
order, which the City Council ratified. One of those supplements suspended and
extended deadlines for planning and permit-related actions including extending
deadlines to exercise rights granted under planning entitlements and issued building
7.A
Packet Pg. 181
3 of 7
permits and plan reviews active as of March 13, 2020. Due to the state of emergency,
processing timelines were also suspended, including those associated with the historic
preservation program.
On April 24, 2020, the Director of Emergency Services issued the Twelfth Supplement
to the Executive Order of the Director of Emergency Services Declaring the Existence of
a Local Emergency that, among other things, tolled and extended all deadlines for
planning and permit-related actions including deadlines to review, determine the
completeness of, or take action on applications for planning entitlements, permits, and
approvals issued under Article IX of the Santa Monica Municipal Code.
On August 18, 2021, the Director of Emergency Services issued the Third Revised
Eighteenth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency (“Third Revised Eighteenth Supplement”)
that, among other things, restated the tolling and extension of deadlines for planning,
review, and permit-related actions.
On November 24, 2020, the Director of Emergency Services issued a Twenty-Eighth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency (“Twenty-Eighth Supplement”) that, among other
things, further extended and clarified certain deadlines for planning, review, and permit-
related actions.
On July 14, 2021, the Director of Emergency Services issued a Thirty-Ninth Supplement
to the Executive Order of the Director of Emergency Services Declaring the Existence of
a Local Emergency that extended certain supplements to September 30, 2021,
including those associated with the extension and tolling of planning and permit-related
actions.
The local emergency has been further extended to January 31, 2022.
7.A
Packet Pg. 182
4 of 7
Discussion
Extension of Deadlines for Planning Review and Permit-Related Actions
Pursuant to SMMC Section 9.37.090 planning entitlements have two years to exercise
rights, typically obtained by issuance of a building permit or commencement of a use, as
applicable. Special timelines apply for projects in the Coastal Zone (additional 6
months) and housing projects that have received City, State, or Federal funding and
include at least 50% of units affordable to low-income households (3 years).
For plan review, building permits, and construction projects, the following are the
standard deadlines:
• Plan Review - one year from date of fee payment with opportunity for one six-
month extension
• Building Permits - applicant has one year to start construction and must call for at
least one valid inspection every 180 days
• Complete Construction - the length of time for when construction is required to be
completed depends on project valuation as follows:
o Under $300K - 12 months
o $300,001 to $1M - 24 months
o $1,000,001 to $20M - 36 months
o Over $20M - 48 months
A further two years is proposed to be added to all planning entitlements, issued building
permits, and plan reviews active as of March 13, 2020, which was when the COVID-19
emergency was declared, until December 31, 2022. The additional two years to
exercise rights is to allow applicants additional time to proceed with their projects due to
the economic impacts of COVID-19, which has affected business operations and the
construction industry. The time extension does not apply to review and permit-related
actions relating to compliance with timelines set forth in SMMC Chapters 8.58, 8.60,
8.64, 8.76 and 8.80 (i.e., seismic retrofit deadlines, excluding soft-story retrofits), unless
an application was pending as of March 13, 2020. Further, for consistency with the
permitting time extensions for land use entitlements in the Zoning Ordinance, expiration
7.A
Packet Pg. 183
5 of 7
dates for Certificates of Appropriateness, which are governed by the Landmarks
Ordinance, will also be extended by an additional two years.
In addition, a procedural issue has arisen from applicants wishing to request extensions
for permits that will be expiring. SMMC Section 9.37.090(C) does not allow applicants
to submit a request for time extension any earlier than 6 months before the expiration of
their permit. That timing restriction is in place because it is expected that applicants are
diligently pursuing exercising rights for their permits and must be able to demonstrate
cause for extension of the permit. The impacts of COVID-19 have increased the
uncertainty for applicants who may need to request additional extensions beyond the
two additional years already granted. Therefore, it is proposed that applicants be
allowed to request a time extension at any time prior to 30 days before the expiration of
their permit.
Landmarks Ordinance Public Hearing Timelines
SMMC Sections 9.56.090, 9.56.120 and 9.56.170 set forth deadlines by which
applications for designation of a Structure of Merit or Landmark, and Certificates of
Appropriateness applications must have their first hearing before the Landmarks
Commission and by which a final determination on any such application must be made.
The Landmarks Commission is required to make a determination on a Structure of Merit
application within 90 days. For Landmarks, the Landmarks Commission is required to
applications must be heard within 65 days and Public hearings on Certificate of
Appropriateness applications must be heard within 45 days.
Due to the economic impacts of COVID-19 on the City’s budget, staff support for the
historic preservation program was substantially reduced. In addition, applicants are
now required to fund the technical reports necessary for the analysis of these
applications necessitating preparation of contracts and receipt of funds. Due to these
circumstances, it is not possible to realistically meet these timelines. It is proposed that
the Structure of Merit and Landmark designation application public hearing deadline be
extended to 100 days and that the Certificate of Appropriateness public hearing
deadline be extended to 65 days as part of the proposed Emergency ordinance. The
7.A
Packet Pg. 184
6 of 7
Landmarks Commission would then have 35 days to render a decision on a Structure of
Merit or Landmarks designation application. The timeframes to Landmarks Commission
to render a decision on a Certificate of Appropriateness would remain unchanged.
These modest increases reflect the time necessary to bring these applications forward
and is consistent with timelines from past applications.
Environmental Analysis
The proposed Emergency IZO to extend expiration dates for permits and modify certain
timelines for the processing of Landmark applications are 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 these are procedural changes.
Therefore, no further environmental review under CEQA is required. Projects issued
permits would be undergoing their own separate CEQA review prior to permit issuance.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action.
Prepared By: Jing Yeo, Planning Manager
Approved
Forwarded to Council
Attachments:
A. CCD-IZO-Permit Timeframe Extensions-2020.01.25
B. CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022
7.A
Packet Pg. 185
7 of 7
C. PowerPoint Presentation
7.A
Packet Pg. 186
1
City Council Meeting: January 25, 2022 Santa Monica, California
ORDINANCE NUMBER _____ (CCS)
(City Council Series)
AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL
CODE SECTION 9.37.070 TO EXTEND PERMIT TIMEFRAMES DUE TO
UNAVOIDABLE DELAYS CAUSED BY THE COVID-19 PANDEMIC AND TO
FURTHER ECONOMIC RECOVERY EFFORTS
WHEREAS, the City’s new Zoning Ordinance, Chapters 9.01 through 9.52
of Article 9 of the Santa Monica Municipal Code (“Zoning Ordinance”), became
effective on July 24, 2015; and
WHEREAS, Santa Monica Municipal Code Section 9.37.090 sets forth time
frames for expiration of permits issued under the Zoning Ordinance and processes
for requesting an extension of those time frames, including a prohibition against
seeking a first-time extension of a permit any earlier than six months before its
expiration; 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
7.A.a
Packet Pg. 187 Attachment: CCD-IZO-Permit Timeframe Extensions-2020.01.25 (4680 : Emergency IZO for Permitting Time Extensions)
2
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 the continuation of measures 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 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
7.A.a
Packet Pg. 188 Attachment: CCD-IZO-Permit Timeframe Extensions-2020.01.25 (4680 : Emergency IZO for Permitting Time Extensions)
3
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
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
7.A.a
Packet Pg. 189 Attachment: CCD-IZO-Permit Timeframe Extensions-2020.01.25 (4680 : Emergency IZO for Permitting Time Extensions)
4
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 SMMC Section 9.37.090 to codify two-year extensions for
permits issued under the Zoning Ordinance as enacted through the Executive
Order, to expand eligibility to permits issued through December 31, 2022 or issued
pursuant to a complete application submitted through December 31, 2022, and to
increase flexibility for an application of a first-time extension for those permits; and
WHEREAS, the City Council finds and declares that a current and
immediate threat to the public health, safety, and general welfare exists due to
the devastating impact the COVID-19-mandated closures and limitations have
had on the local economy, and the proposed interim zoning regulations to
stimulate economic recovery are necessary to protect the public health, safety,
and welfare.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Interim Zoning Regulations. Santa Monica Municipal Code
Section 9.37.070 shall be revised as follows:
9.37.090 Expiration and Extension
A. Expiration. The decision-maker, in the granting of any permit, may
specify a time, consistent with the purposes of the use and necessary to safeguard
the public safety, health and welfare, within which the proposed use must be
undertaken and actively and continuously pursued. If no time period is specified,
7.A.a
Packet Pg. 190 Attachment: CCD-IZO-Permit Timeframe Extensions-2020.01.25 (4680 : Emergency IZO for Permitting Time Extensions)
5
any permit granted under this Ordinance shall automatically expire if it is not
exercised or extended within the time limits listed below:
1. Permits for 100% Affordable Housing and Certain
Affordable Mixed-Use Residential Projects. For 100% affordable
housing projects, or mixed-use residential projects where housing units
comprise at least 75 percent of the floor area of the project, and the housing
project has received City, State or Federal funding or is comprised of units
at least 50 percent of which are deed-restricted to be affordable to low
income households and the remainder of which are deed-restricted to be
affordable to low or moderate income households:
a. Except as provided in subparagraph b, below, within
Within 3 years of the effective date, or if located in the Coastal Zone,
3½ years from the effective date for affordable housing or mixed use
projects where housing units comprise at least 75 percent of the floor
area of the project, and the housing project has received City, State
or Federal funding or is comprised of units at least 50 percent of
which are deed-restricted to be affordable to low income households
and the remainder of which are deed-restricted to be affordable to
low or moderate income households.
b. Notwithstanding paragraph (a), within 5 years of the
effective date, or if located in the Coastal Zone, 5½ years from the
effective date, for projects with a permit:
(i) Issued and active as of March 13, 2020;
7.A.a
Packet Pg. 191 Attachment: CCD-IZO-Permit Timeframe Extensions-2020.01.25 (4680 : Emergency IZO for Permitting Time Extensions)
6
(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.
2. All Other Permits. For projects that do not qualify as
affordable housing or mixed-use in paragraph (1) above:
a. Except as provided in subparagraph (b), below, within
two Two years of the effective date, or if located in the Coastal Zone,
2½ years of the effective date, for projects that do not qualify as
affordable housing or mixed-use in paragraph (1) above, or if located
in the Coastal Zone, 2 ½ years of the effective date.
b. Notwithstanding paragraph (a), within 4 years of the
effective date, or if located in the Coastal Zone, 4½ years from the
effective date for projects with 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 that was
submitted between March 13, 2020 and December 31, 2022.
B. Exercise of Rights. A permit for the use of a building or a property
is exercised when, if required, a valid City business license has been issued, and
the permitted use has commenced on the site unless the permit is granted in
conjunction with approval of new construction.
7.A.a
Packet Pg. 192 Attachment: CCD-IZO-Permit Timeframe Extensions-2020.01.25 (4680 : Emergency IZO for Permitting Time Extensions)
7
1. New Construction. If a permit is granted in conjunction with
approval of new construction, issuance of a building permit shall constitute
exercise of rights; provided, however, that, unless otherwise specified as a
condition of project approval, the permit shall expire if:
a. The building permit expires;
b. Final inspection is not completed or Certificate of
Occupancy issued within the time specified as a condition of project
approval; or
c. The rights granted under the permit for the use of the
building are not exercised within one year following the earliest to
occur of the following: issuance of a Certificate of Occupancy; or if
no Certificate of Occupancy is required, the last required final
inspection for the new construction.
C. Extensions.
1. First Time Extension. The Director shall approve an
extension of any permit or approval granted under this Ordinance upon
receipt of a written application with the required fee prior to expiration of the
permit for the time periods listed below.
a. Projects with Residential Uses: one-year extension.
b. Nonresidential Projects: 6-month extension.
No extension may be requested earlier than 6 months prior to the
expiration of the permit. The Director may grant a second time extension for
projects involving a City-Designated Historic Resource if such extension is
7.A.a
Packet Pg. 193 Attachment: CCD-IZO-Permit Timeframe Extensions-2020.01.25 (4680 : Emergency IZO for Permitting Time Extensions)
8
necessary due to the complexity of planning for and developing the project.
Notwithstanding the foregoing, an extension may be requested at any time
at least 30 days prior to the extension of a permit (i) issued and still 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.
2. Other Extensions. The Planning Commission may approve a further
extension of any permit or approval granted under this Ordinance upon receipt of
a written application with the required fee at least one month prior to and no more
than 6 months prior to expiration of the permit. Such extension request shall be
processed in the same manner and for the same fee as a new permit. The Planning
Commission may grant an extension request for good cause, and may consider in
this review, subject to any vested rights, the extent to which the project is
consistent with current development standards and policies, whether the project is
consistent in principal with the goals, objectives, policies, land uses, and programs
specified in the adopted General Plan, conditions surrounding the project site and
whether the project will adversely affect the public health, safety and general
welfare.
SECTION 2. Any provision of the Santa Monica Municipal Code or any
appendix thereto inconsistent with the provisions of this Emergency Interim Zoning
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 Emergency
Interim Zoning Ordinance.
7.A.a
Packet Pg. 194 Attachment: CCD-IZO-Permit Timeframe Extensions-2020.01.25 (4680 : Emergency IZO for Permitting Time Extensions)
9
SECTION 3. If any section, subsection, sentence, clause, or phrase of this
Emergency Interim Zoning 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 Emergency Interim
Zoning Ordinance. The City Council hereby declares that it would have passed this
Emergency Interim Zoning Ordinance and each and every section, subsection,
sentence, clause, or phrase not declared invalid or unconstitutional without regard
to whether any portion of the Emergency Interim Zoning Ordinance would be
subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the
passage of this Emergency Interim Zoning Ordinance. The City Clerk shall cause
the same to be published once in the official newspaper within 15 days after its
adoption. This Emergency Interim Zoning Ordinance shall become effective
immediately upon adoption.
SECTION 5. This Ordinance shall be of no further force or effect 60 days
from its effective date, unless it is otherwise extended pursuant to Santa Monica
Municipal Code Section 9.46.090(C).
APPROVED AS TO FORM:
_________________________
JOSEPH LAWRENCE
Interim City Attorney
7.A.a
Packet Pg. 195 Attachment: CCD-IZO-Permit Timeframe Extensions-2020.01.25 (4680 : Emergency IZO for Permitting Time Extensions)
1
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
7.A.b
Packet Pg. 196 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions)
2
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
7.A.b
Packet Pg. 197 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions)
3
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
7.A.b
Packet Pg. 198 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions)
4
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
7.A.b
Packet Pg. 199 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions)
5
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
7.A.b
Packet Pg. 200 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions)
6
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,
7.A.b
Packet Pg. 201 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions)
7
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.
7.A.b
Packet Pg. 202 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions)
8
(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.
7.A.b
Packet Pg. 203 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions)
9
(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
7.A.b
Packet Pg. 204 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions)
10
(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.
7.A.b
Packet Pg. 205 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions)
11
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;
7.A.b
Packet Pg. 206 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions)
12
(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
7.A.b
Packet Pg. 207 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions)
13
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
7.A.b
Packet Pg. 208 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions)
14
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.
7.A.b
Packet Pg. 209 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions)
15
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
7.A.b
Packet Pg. 210 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions)
16
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:
7.A.b
Packet Pg. 211 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions)
17
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.
7.A.b
Packet Pg. 212 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions)
18
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.
7.A.b
Packet Pg. 213 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions)
19
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.
7.A.b
Packet Pg. 214 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions)
20
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
7.A.b
Packet Pg. 215 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions)
21
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
7.A.b
Packet Pg. 216 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions)
22
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.
7.A.b
Packet Pg. 217 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions)
23
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
7.A.b
Packet Pg. 218 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions)
24
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
7.A.b
Packet Pg. 219 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions)
25
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
7.A.b
Packet Pg. 220 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions)
26
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
7.A.b
Packet Pg. 221 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions)
27
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
7.A.b
Packet Pg. 222 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions)
Emergency Interim Zoning Ordinance (IZO) Extend Permitting Timelines
City Council Meeting
January 25, 2022
7.A.c
Packet Pg. 223 Attachment: PowerPoint Presentation (4680 : Emergency IZO for Permitting Time
Purpose
•Convert COVID emergency orders related to permitting timelines to Emergency Interim Zoning Ordinance and Emergency Ordinance.
•In response to feedback from applicants that additional time to exercise permit rights is helpful during this uncertain economic environment and associated issues (e.g. shortage of labor/materials impacting construction)
7.A.c
Packet Pg. 224 Attachment: PowerPoint Presentation (4680 : Emergency IZO for Permitting Time
Proposed Interim Zoning Ordinance (IZO)
Emergency IZO: Planning Permit Extensions
•Extend Deadlines to Exercise/Pursue Rights Granted via Planning
Entitlements/Permits/Approvals by 2 Years
•Approvals Issued/Still Active as of March 13, 2020;
•Issued between March 13, 2020 and December 31, 2022;
•Applications Received between March 13, 2020 and December 31, 2022 (per
•SMMC Chapter 9.01-9.52);
•Allow First Time Extension Request for Expiring Permits to be filed at any time at least 30
Days prior to Permit Expiration Date
7.A.c
Packet Pg. 225 Attachment: PowerPoint Presentation (4680 : Emergency IZO for Permitting Time
Proposed Emergency Ordinance
Emergency Ordinance: Building Permit & Landmark Timeframes
•Amend SMMC 8.08.070:
•Extend Deadlines for Expiration of Building Permits/Plan Reviews/Related Approvals by
2 Years;
•Approvals Issued/Still Active as of March 13, 2020;
•Issued between March 13, 2020 and December 31, 2022;
•Applications Received between March 13, 2020 and December 31, 2022;
•Amend Landmarks Ordinance:
•Extend Certain Public Hearing Deadlines for Application Processing:
•Structure of Merit & Landmark Designations
•Certificates of Appropriateness
•Extend Certificate of Appropriateness Permit expiration by 2 Years
7.A.c
Packet Pg. 226 Attachment: PowerPoint Presentation (4680 : Emergency IZO for Permitting Time
Background
•March 13, 2020: Declared Local Emergency due to COVID-19
•April 28, 2020: Economic Recovery Plan including 5 Policy Areas:
•Business Retention/Reopening
•Business Process/Permitting Improvements
•Outreach/Marketing
•Community Economic Development/Local Hire
•Federal & State Resources/Funding Partnerships
•Series of Supplements to Emergency Order including:
•Suspended & Extended Deadlines for Planning & Permit-Related Actions
•Extended Exercise Rights to Planning Entitlements & Issued Building Permits as of March
13, 2020.
•Processing Timeframes (Zoning & Landmarks Ordinance) also Suspended
•Multiple Extensions Issued through Emergency Orders during Pandemic
7.A.c
Packet Pg. 227 Attachment: PowerPoint Presentation (4680 : Emergency IZO for Permitting Time
Permit Expiration Timelines
•Time to obtain building permit or commence use for Planning Entitlements
•2 Years to obtain building permit or commence use
•3 Years for Affordable Housing Projects (of at least 50% affordable units)
•Additional 6 Months for properties located in Coastal Zone
•Time to obtain building permit or commence use for Certificate of Appropriateness
(designated historic resources only)
•1 Year to obtain building permit/commence scope of work)
•Building Permits
•Plan Check Review: 1 year (one 6-month extension)
•Building Permits: 1 year to start construction (with at least 1 inspection every 180 days)
Proposed Amendment:
•Additional 2 Years for permit expiration for projects active as of March 13, 2020 through
December 31, 2022 (does not apply to seismic retrofit)
•Why?
•Support permitting through economic uncertainty
7.A.c
Packet Pg. 228 Attachment: PowerPoint Presentation (4680 : Emergency IZO for Permitting Time
Permit Extensions and Landmarks Review Timelines
•Procedure to Request Time Extensions for Expiring Permits
•No Extension may be requested earlier than 6 months prior to permit expiration
Proposed Amendment:
•Allow extension request at any time prior to 30 days before permit expiration date
•Landmarks Ordinance Public Hearing Timeframes [SMMC 9.56.090, 9.56.120, 9.56.170]
•Structure of Merit Designations:90 days [determination within]
100 days [ 1st Hearing held within]
35 days [determination thereafter 1st hearing]
•Landmark Designations:65 days [ 1st Hearing held within]
100 days [ 1st Hearing held within]
35 days [determination thereafter 1st hearing]
•Certificate of Appropriateness: 45 days
65 days [ 1st Hearing held within]
[C of A determination timeframe to remain unchanged]
7.A.c
Packet Pg. 229 Attachment: PowerPoint Presentation (4680 : Emergency IZO for Permitting Time
Recommendation
1.Adopt Emergency IZO: Planning Permit Extension
2.Adopt Emergency Ordinances:
Building Permit & Landmark Ordinance Timeframes
7.A.c
Packet Pg. 230 Attachment: PowerPoint Presentation (4680 : Emergency IZO for Permitting Time