SR 03-22-2022 7B
City Council
Report
City Council Meeting: March 22, 2022
Agenda Item: 7.B
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To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Introduction and Adoption of Emergency Interim Zoning Ordinance Extending
Planning Permit Timeframes
Recommended Action
Staff recommends that the City Council introduce and adopt an Emergency Interim
Zoning Ordinance to Extend Interim Zoning Regulations 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.
Summary
On January 25, 2022, City Council adopted Emergency Interim Zoning Ordinance 2688
(CCS) (“IZO 2688”) extending deadlines to exercise and continuously pursue the rights
granted under active planning entitlements, permits, and approvals issued and still
active as of March 13, 2020 or issued between March 13, 2020 and December 31, 2022
and to allow such applications to request a first time extension at any time at least 30
days prior to expiration of the permit. The IZO codified extensions that were previously
established by emergency order due to unavoidable delays caused by the COVID-19
pandemic, and extended the eligibility for such timeframe extensions in support of the
City’s economic recovery efforts. In accordance with Santa Monica Municipal Code
Section 9.46.090(C), IZO 2688 will expire on March 26, 2022 unless otherwise
extended by Council. If extended as recommended by staff, the interim zoning
regulations adopted by IZO 2688 will terminate on December 31, 2022.
7.B
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Discussion
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. Several Supplements to the Emergency Order
addressed the suspension and extension of deadlines for planning and permit-related
actions, including extending deadlines to exercise rights granted under planning
entitlements and issued building permits and plan reviews active as of March 13, 2020
or issued during the term of the Emergency Order. Due to the state of emergency,
processing timelines were also suspended, including those associated with the historic
preservation program.
On January 25, 2022, City Council adopted Emergency IZO 2688 to codify permit
timeframe extensions for permits issued under the City’s Zoning Ordinance that were
previously established by emergency order due to unavoidable delays caused by the
COVID-19 pandemic. Emergency IZO 2688 also extends eligibility for such timeframe
extensions through December 31, 2022 and allows for flexibility in requesting certain
additional extensions to permit timeframes to further the City’s economic recovery
efforts as explained in more detail below (Attachment A).
7.B
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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 housing projects that have received City, State,
or Federal funding and include at least 50% of units affordable to low-income
households (three years), and all projects in the Coastal Zone receive an additional six
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 codifies extensions granted by emergency order due to unavoidable
delays caused by the COVID-19 pandemic and further allows 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.
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 continue
to be allowed to request a time extension at any time prior to 30 days before the
expiration of their permit.
7.B
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Environmental Analysis
The proposed Emergency IZO to extend expiration dates for permits 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. January 25, 2022 City Council Meeting (Web Link)
B. CDD--IZO to Extend Permit Timeframe Exetension 03.22.2022
C. PowerPoint Presentation
7.B
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City Council Meeting: March 22, 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 EXTENDING INTERIM ZONING
REGULATIONS ESTABLISHED BY EMERGENCY INTERIM ZONING
ORDINANCE NUMBER 2688 (CCS) 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
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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
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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, on January 25, 2022, the City Council adopted Emergency
Interim Zoning Ordinance Number 2688 (CCS) amending 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
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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 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 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,
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
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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;
(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:
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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.
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;
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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
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
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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.
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
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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 as of
December 31, 2022, 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.B.b
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Emergency Interim Zoning Ordinance (IZO) Extend Permitting Timelines
City Council Meeting
March 22, 2022
7.B.c
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Extend Interim Zoning Ordinance (IZO)
•Additional 2 Years for Permit Expiration for Projects Active as of March 13,
2020 Through December 31, 2022
•Allow First Time Extension Request for Expiring Permits to be filed at any
time at least 30 Days prior to Permit Expiration Date
•Why?
•Support permitting through economic uncertainty
7.B.c
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Background
•January 25, 2022 -Council adopted IZO extending permit expirations by 2
years
•IZO expires within 60 days unless extended (March 26, 2022)
•Extend until December 31, 2022
•Matches the emergency ordinance previously adopted to extend building permits by two
years
7.B.c
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Recommendation
1.Adopt Emergency IZO: Planning Permit Extension
7.B.c
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