HomeMy WebLinkAbout11 - PH-1 - An Urgency Zoning Ordinance No. 2021-XX - 3/2/20211
CITY COUNCIL AGENDA REPORT
MEETING DATE: MARCH 2, 2021 ITEM NUMBER: PH-1
SUBJECT: AN URGENCY ZONING ORDINANCE NO. 2021-XX OF THE CITY OF
COSTA MESA TO EXTEND AND AMEND PREVIOUSLY-APPROVED
URGENCY ORDINANCE NO. 2020-14 PROVIDING FOR AN
ADDITIONAL 12-MONTH EXTENSION, FOR A TOTAL OF 24 MONTHS,
OF THE TIME LIMITS SET FORTH IN ZONING CODE SECTION 13-29(k)
(TIME LIMITS AND EXTENSIONS) FOR ALL APPROVED
DISCRETIONARY PLANNING APPLICATIONS; AND DECLARING THE
ORDINANCE TO BE AN EMERGENCY MEASURE TO TAKE EFFECT
IMMEDIATELY UPON ADOPTION
DATE: FEBRUARY 16, 2021
FROM: DEVELOPMENT SERVICES DEPARTMENT/PLANNING DIVISION
PRESENTATION BY: WILLA BOUWENS-KILLEEN, AICP
ZONING ADMINISTRATOR
FOR FURTHER INFORMATION
CONTACT:
WILLA BOUWENS-KILLEEN, AICP
willa.bouwens-killeen@costamesaca.gov
RECOMMENDATION:
Staff recommends that the City Council hold a public hearing and adopt Urgency
Ordinance No. 2021-XX to extend and amend previously-approved Urgency Ordinance
No. 2020-14 providing for an additional 12-month extension, for a total of 24 months, of
the time limits set forth in Zoning Code Section 13-29(k) (Time Limits and Extensions)
for all discretionary planning applications; and declaring the ordinance to be an
emergency measure to take effect immediately upon adoption.
BACKGROUND:
The COVID-19 crisis has resulted in serious economic impacts to various discretionary
entitlements granted by the City through planning applications, including development
projects and conditional use permits. One of these economic impacts is the delay in the
timely commencement of entitlements approved through the Planning Application
process. Zoning Code Section 13-29(k) (Time Limits and Extensions) generally allows
planning applications to be valid for a period of 24 months from the date of approval.
On May 5, 2020, City Council approved Urgency Ordinance No. 2020-14 that extended
the time limits set forth in Zoning Code section 13-29(k) (Time Limits and Extensions)
for all approved discretionary planning applications to expire March 12, 2021.
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The staff report for Urgency Ordinance No. 2020-14 is available at this link:
http://ftp.costamesaca.gov/costamesaca/council/agenda/2020/2020-05-05/PH-1.pdf
ANALYSIS:
Due to the COVID-19 pandemic, various projects continue to be on hold, necessitating
extensions of time so project approvals do not expire. However, providing numerous
individual extensions by the Director, Planning Commission and/or the City Council as is
required under the Zoning Code would entail unnecessary time and expense to both the
City and applicants.
There is a substantial risk that without action by the City to affirmatively and unilaterally
extend the deadlines for all project applicants to exercise their permits or approvals,
some approvals may otherwise lapse or expire during the COVID-19 emergency. In
anticipation of a number of requests for time extensions beyond the 24-month expiration
from the date of approval allowed by the Zoning Code, staff has prepared an amendment
to a previously-approved urgency ordinance which would automatically grant an additional
12 month extension – to expire March 12, 2022 -- for all active entitlements for an overall
total of 24 additional months due to the COVID-19 pandemic. Such action would result in
applicants not having to pay processing fees or go back through the public hearing
process for individual extensions. If approved, the un-codified urgency ordinance would
extend all approved entitlements as specified therein that have not expired as of March 12,
2021 for a period of 12 months, to expire on March 12, 2022. The urgency ordinance
would not apply to any application that had lapsed or otherwise expired prior to the March
12, 2020 declaration of emergency.
Extending the deadlines for all project applicants to exercise their approved permits or
approvals is vital to help ensure the City’s economic recovery from the state of
emergency by enabling approved projects to proceed without further delay.
ENVIRONMENTAL DETERMINATION:
Adoption of the urgency ordinance has been reviewed for compliance with the California
Environmental Quality Act (CEQA), the CEQA guidelines, and the City’s environmental
procedures, and has been found to be exempt pursuant to CEQA Guidelines Section
15269(c) (specific actions necessary to prevent or mitigate an emergency); and Section
15061(b)(3) because it can be seen with certainty that the adoption of this Ordinance
will not have an effect on the environment.
FISCAL REVIEW:
No fiscal impact.
LEGAL REVIEW:
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The City Attorney’s Office has reviewed this agenda report and urgency ordinance and
approves both as to form.
PUBLIC NOTICE:
Pursuant to State law, notices were sent to any interested party who had filed a written
request for mailed notice 14 days prior to the meeting. The City has also published
notice of the public hearing in the newspaper.
At the time of publication of this report, no written public comments have been received.
Any public comment(s) received after the date of this report but prior to the City Council
hearing will be forwarded to the City Council under separate cover.
CITY COUNCIL GOALS & PRIORITIES:
The proposed action is administrative in nature.
CONCLUSION:
Approval of the urgency ordinance would extend the terms of existing, active
entitlements, as of the declaration of the COVID-19 emergency, by an additional 12
months, for a total 24 months beyond the term allowed under the Zoning Code.
_________________________________ _________________________________
WILLA BOUWENS-KILLEEN, AICP JENNIFER LE
Zoning Administrator Director of Economic and Development
Services
________________________________ _________________________________
CAROL MOLINA KIMBERLY HALL BARLOW
Finance Director City Attorney
Attachments: 1. Urgency Ordinance
ATTACHMENT 1
ORDINANCE NO. 2021-XX
AN URGENCY ZONING ORDINANCE OF THE CITY OF
COSTA MESA TO EXTEND AND AMEND ORDINANCE NO.
2020-14 PROVIDING FOR AN ADDITIONAL 12-MONTH
EXTENSION OF THE TIME LIMITS SET FORTH IN ZONING
CODE SECTION 13-29(k) (TIME LIMITS AND EXTENSIONS)
FOR ALL APPROVED DISCRETIONARY PLANNING
APPLICATIONS; AND DECLARING THE ORDINANCE TO BE
AN EMERGENCY MEASURE TO TAKE EFFECT
IMMEDIATELY UPON ADOPTION
WHEREAS, the City of Costa Mesa, pursuant to its police power, may enact
regulations for the public peace, morals, and welfare of the City; and
WHEREAS, on March 4, 2020, the Governor declared a State of Emergency in
California due to the threat of Coronavirus Disease 2019 ("COVID-19"). On February 26,
2020, the Orange County Board of Supervisors and Department of Public Health declared
a public health emergency in Orange County due to COVID-19. On March 12, 2020,
pursuant to Proclamation No. 2020-01, the City Manager did proclaim the existence of a
local emergency pursuant to Title 6 of the Costa Mesa Municipal Code, and on March 13,
2020 the City Council pursuant to Resolution No. 2020-9 did ratify Emergency
Proclamation No. 2020-01. Due to directives from federal, state, and local health officials,
residents have been ordered to avoid public gatherings and stay at home to prevent the
spread of this disease.
WHEREAS, the declared State of Emergency and the Governor Newsom's
subsequent Executive Order N-33-20 ("Stay at Home Order") have resulted in substantial
disruptions in people's day-to-day lives and the activities of many businesses within the
Costa Mesa community, to the point that many local businesses are either closed due to
the executive order or as a result of illness or the prevention of the spread of illness.
WHEREAS, closures in many industries as a result of the executive order and
other supply chain shortages have resulted in a delays in many sectors of the architecture
and construction industry.
WHEREAS, closure -related delays and fiscal impacts related to the recent COVID-
19 related economic downturn and business closures are anticipated to affect many
project proponents, thereby delaying project implementation in many cases.
WHEREAS, the City of Costa Mesa recognizes these short-term, but substantial,
impacts to project schedules and desires to provide relief to project applicants through
the extension of the time limits of project approvals in the City.
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WHEREAS, on May 5 2020 the City Council of the City of Costa Mesa did adopt
Urgency Ordinance 2020-14 based on the foregoing facts findings and circumstances,
to remain in effect until March 12 2021 unless extended; and
WHEREAS, the foregoing facts findings and circumstances remain un-abated
such that the City Council desires to extend and amend Urgency Ordinance 2020-14 as
set forth herein for an additional one year, to expire March 12, 2022; and
WHEREAS, the City of Costa Mesa, pursuant to the provisions of the California
Environmental Quality Act ("CEQA") (California Public Resources Code Sections 21000
et seq.) and State CEQA Guidelines (Sections 15000 et seq., Title 14 the California Code
of Regulations) has determined that the Ordinance is exempt from the provisions of
CEQA pursuant to the following sections of the CEQA Guidelines: Section 15269(c)
(specific actions necessary to prevent or mitigate an emergency); and Section
15061(b)(3) because it can be seen with certainty that the adoption of this Ordinance will
not have an effect on the environment.
WHEREAS, the City Council has the authority to adopt this Ordinance under
Government Code Section 8630, and also its authority under California Constitution
Article XI, Section 7.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
DOES ORDAIN AS FOLLOWS:
SECTION 1. 24-Month Extension of the Time Period for Exercising Planning Applications
Set Forth in Section 13-29(k) "Time Limits and Extensions" of the Zoning
Code.
A. Intent. The intent of this Ordinance is to automatically extend the 24-month
time period, or other time period specified in a condition of approval that is
subject to Section 13-29(k), by which any permit or approval must be
exercised, for a period of 24 additional months.
B. Scope. This Ordinance applies to all approved discretionary planning
applications subject to Section 13-29(k) of the Zoning Code for which
permits or approvals have not been exercised, and which have not already
exceeded the applicable time period, as of March 12, 2020, the date of
Emergency Proclamation No. 2020-01. This Ordinance does not apply to
planning permits or approvals that have expired prior to the date of
Emergency Proclamation No. 2020-01 or to non -discretionary planning
permits or approvals, including, but not limited to those issued under
Chapter XV of the Zoning Code, or any permit or approval issued under any
other provision of the Costa Mesa Municipal Code, including but not limited
to, those issued pursuant to Title 5, Title 7, Article 23 of Chapter II of Title 9
and/or Chapter III of Title 19.
C. Retroactive Effect. The 24-month extension shall be effective as of the date
of the City Manager's Emergency Proclamation No. 2020-01.
D. Definitions. The words and phrases used in this Ordinance shall have the
same meaning ascribed to them in the Zoning Code.
SECTION 2. Emergency Declaration/Effective Date. The City Council declares this
Ordinance to be an emergency measure, to take effect immediately upon adoption
pursuant to California Government Code section 36934. The facts constituting the
emergency are as follows: Due to the declared State of Emergency and the Governor
Newsom's subsequent Executive Order N-33-20 ("Stay at Home Order") substantial
disruptions have occurred in people's lives and the marketplace. Said disruptions have
resulted in many local businesses either closing due to the executive order or as a result
of illness or the prevention of the spread of illness. Such business closures and other
supply chain disruptions have resulted in a delays in many sectors of the architecture and
construction industry. Such closure -related delays and fiscal impacts related to the recent
COVID-19 related economic downturn and business closures are anticipated to affect
many project proponents, thereby delaying project implementation. A temporary
emergency measure is necessary to protect the public by extending the terms of land use
entitlements set to expire during or soon after the declared State of Emergency that would
otherwise be hindered or delayed by the provisions of the Zoning Code and/or project
approvals.
SECTION 3. Effective Date. This Ordinance shall be effective upon the date of adoption.
SECTION 4. Uncodified Ordinance. This Ordinance shall not be codified in the Costa
Mesa Municipal Code.
SECTION 5. Inconsistences. Any provision of the Costa Mesa Municipal Code or
appendices thereto inconsistent with the provisions of the Ordinance, to the extent of such
inconsistencies and no further, are repealed or modified to that extent necessary to affect
the provisions of this Ordinance.
SECTION 6. Severability. If any chapter, article, section, subsection, subdivision,
sentence, clause, phrase, word, or portion of this Ordinance, or the application thereof to
any person, is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portion of this Ordinance or its application to other persons. The City Council hereby
declares that it would have adopted this Ordinance and each chapter, article, section,
subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective
of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases,
or portions of the application thereof to any person, be declared invalid or unconstitutional.
No portion of this Ordinance shall supersede any local, state, or federal law, regulation,
or codes dealing with life safety factors.
SECTION 7. Certification. The City Clerk shall certify to the passage and adoption of this
Ordinance as required by law.
PASSED, APPROVED AND ADOPTED this 2nd day of March, 2021.
Katrina Foley, Mayor
ATTEST:
Brenda Green, City Clerk
APPROVED AS TO FORM
Kimberly Hall Barlow, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that
the above and foregoing Urgency Ordinance No. 2021-_ was duly adopted at a special
meeting of the City Council of the City of Costa Mesa held on the 2nd day of March, 2021,
by the following roll call vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of
Costa Mesa this 2nd day of March, 2021.
Brenda Green, City Clerk
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