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. 2 of 4
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 multipronged 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). 3 of 4
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.
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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