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HomeMy WebLinkAbout2021-06-07 Ordinance 5525 0160049_20210511_ay16 1 Ordinance No. 5525 Ordinance of the Council of the City of Palo Alto Updating Emergency Permit Extension Ordinance in Response to Changes to Santa Clara County Health Orders The Council of the City of Palo Alto ORDAINS as follows: SECTION 1. Findings and Declarations. The City Council finds and declares as follows: A. On March 4, 2020, California Governor Gavin Newsom declared a State of Emergency due to the threat COVID-19. Thereafter, the County Public Health Officer of Santa Clara County (“County”) and City Manager Ed Shikada, acting as director of Emergency Services, issued various orders significantly limiting activities in the County and City of Palo Alto (“City”). B. In a series of Orders enacted from March to April of 2020, the County pr ohibited most residential and almost all commercial construction. The City found that these and other efforts to slow the spread of COVID-19 resulted in the delay and cessation of land use development activity, effectively shortening the validity of plann ing entitlements and building permits. C. On May 4, 2020, the City adopted Ordinance No. 5496 (“Emergency Extension Ordinance”), which suspended the expiration of various licenses, permits, and applications issued by the Department of Planning and Development Services, based on the length of the period that construction was slowed or halted by County Shelter-in-Place Orders. D. Over the next months, the County’s Shelter-in-Place Orders became less restrictive. The County’s current Risk Reduction Order allows for a variety of construction activities to occur. E. On March 12, 2020, the Director of Emergency Services issued a proclamation declaring the existence of a local emergency within the City, which was ratified by the City Council on March 16, 2020, and continued on May 11, 2020. F. On June 23, 2020, the City Council adopted Resolution No. 9907, continuing the local emergency (“Local State of Emergency”) until terminated by action of the City Council. G. The City Council finds that circumstances have changed significantly since the Emergency Extension Ordinance was first passed. With new safeguards to protect public health, safety and welfare, construction has resumed. Permit extensions shall be updated to reflect the duration of the current state of emergency in Palo Alto. DocuSign Envelope ID: 860B6479-C2B9-44E1-8B8C-2E8EE487F6FF 0160049_20210511_ay16 2 SECTION 2. Ordinance No. 5496, (the “Emergency Extension Ordinance”) is hereby rescinded. SECTION 3. All building permits and planning entitlements, permissions, and approvals extended by the Emergency Extension Ordinance will toll as follows: (a) An entitlement, approval or permit that would have expired between March 16, 2020 and the date on which the City’s Local State of Emergency is terminated will instead expire 180 days after the date on which the City’s Local State of Emergency is terminated. (b) An entitlement, license or permit for which the original expiration date (i.e. the expiration date absent any extension pursuant to Ordinance 5496) has not passed by the date on which the City’s Local State of Emergency is terminated will instead expire 180 days after the original expiration date. SECTION 4. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or p hrases be declared invalid. SECTION 5. The City Council finds that adoption of this ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3), because it can be seen with certainty that temporarily extending certain permit approvals and application processing timelines for a limited period of time will not have a significant effect on the environment. // // // // // // // // DocuSign Envelope ID: 860B6479-C2B9-44E1-8B8C-2E8EE487F6FF 0160049_20210511_ay16 3 SECTION 6. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: May 24, 2021 PASSED: June 7, 2021 AYES: BURT, CORMACK, DUBOIS, FILSETH, STONE, TANAKA NOES: KOU ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Assistant City Attorney City Manager ____________________________ Director of Planning & Development Services DocuSign Envelope ID: 860B6479-C2B9-44E1-8B8C-2E8EE487F6FF Certificate Of Completion Envelope Id: 860B6479C2B944E18B8C2E8EE487F6FF Status: Completed Subject: Please DocuSign: ORD 5525 Ordinance Clarifying Building and Planning Permit Extensions.docx Source Envelope: Document Pages: 3 Signatures: 5 Envelope Originator: Certificate Pages: 2 Initials: 0 Danielle Kang AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 250 Hamilton Ave Palo Alto , CA 94301 Danielle.Kang@cityofpaloalto.org IP Address: 199.33.32.254 Record Tracking Status: Original 6/9/2021 9:41:39 AM Holder: Danielle Kang Danielle.Kang@cityofpaloalto.org Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Palo Alto Location: DocuSign Signer Events Signature Timestamp Albert Yang Albert.Yang@CityofPaloAlto.org Assistant City Attorney City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 97.113.68.207 Sent: 6/9/2021 9:46:19 AM Viewed: 6/9/2021 9:59:13 AM Signed: 6/9/2021 9:59:41 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Jonathan Lait Jonathan.Lait@CityofPaloAlto.org Interim Director Planning and Community Environment City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 99.88.42.180 Sent: 6/9/2021 9:59:43 AM Viewed: 6/9/2021 10:13:45 AM Signed: 6/9/2021 10:14:06 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Ed Shikada Ed.Shikada@CityofPaloAlto.org Ed Shikada, City Manager City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 6/9/2021 10:14:08 AM Viewed: 6/9/2021 3:05:33 PM Signed: 6/9/2021 3:05:51 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Tom DuBois tomforcouncil@gmail.com Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 71.204.168.76 Sent: 6/9/2021 3:05:53 PM Viewed: 6/9/2021 5:27:03 PM Signed: 6/9/2021 5:27:37 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signature Timestamp Beth Minor beth.minor@cityofpaloalto.org City Clerk City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 6/9/2021 5:27:39 PM Viewed: 6/9/2021 5:31:22 PM Signed: 6/9/2021 5:31:49 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/9/2021 9:46:19 AM Certified Delivered Security Checked 6/9/2021 5:31:22 PM Signing Complete Security Checked 6/9/2021 5:31:49 PM Completed Security Checked 6/9/2021 5:31:49 PM Payment Events Status Timestamps