HomeMy WebLinkAboutStaff Report 12339
City of Palo Alto (ID # 12339)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 6/7/2021
City of Palo Alto Page 1
Summary Title: Second Reading: Clarifying Emergency Building and Planning
Permit Extensions
Title: SECOND READING: Adoption of an Ordinance Updating an Emergency
Permit Extension Ordinance in Response to Changes to Santa Clara County
Health Orders (FIRST R EADING: May 24, 2021 PASSED: 7 -0)
From: City Manager
Lead Department: City Clerk
This was heard by the City Council on May 24, 2021 for a first reading. No changes were made
to the Ordinance; it is now before you for a second reading.
Attachments:
• Attachment A: Ordinance Updating Emergency Permit Extension Ordinance
*NOT YET APPROVED*
0160049_20210511_ay16 1
Ordinance No. _____
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 prohibited 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 planning 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.
*NOT YET APPROVED*
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 phrases 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.
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*NOT YET APPROVED*
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SECTION 6. This ordinance shall be effective on the thirty-first day after the date of
its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Planning & Development
Services