HomeMy Public PortalAboutCity Council_Ordinance No. 20-1044U_Extensions to Planning Entitlement_7/7/2020_RegularORDINANCE 20-1044 U
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY, CALIFORNIA, AUTHORIZING A TEMPORARY
PROCEDURE FOR GRANTING ONE-YEAR EXTENSIONS TO
PLANNING ENTITLEMENTS SET TO EXPIRE ON OR BEFORE
MARCH 4, 2020
WHEREAS, on March 4, 2020, Governor Gavin Newsom proclaimed a state of emergency within
the State of California ("State") due to the threat posed by Novel Coronavirus ("COVID-19");
WHEREAS, on March 4, 2020, the Los Angeles County Health Officer issued a Declaration of
Local Health Emergency due to the introduction of COVID-19 cases to Los Angeles County;
WHEREAS, on March 4, 2020, Los Angeles County Board of Supervisors ("Board") concurred and
issued a Proclamation declaring a local emergency within the County of Los Angeles regarding the
imminent spread of COVID-19;
WHEREAS, on March 19, 2020 Governor Newsom issued an Executive Order that requires all
persons to remain at home to the extent possible and requires all non -essential businesses to be closed;
WHEREAS, on March 30, 2020 Governor Newsom issued an Executive Order with findings that
certain businesses have been unable to operate, or are otherwise significantly impacted, as a result of
COVID-19, who require administrative relief;
WHEREAS, physical distancing and other public health measures undertaken in response to
COVID-19 has disrupted business operations of developers, limited their ability to operate at full capacity,
and has resulted in inefficiencies and delays with project progress;
WHEREAS, the unexpected impacts due to COVID-19 threaten the viability of existing projects
within the City that have planning entitlements set to expire on or before March 4, 2021;
WHEREAS, such inefficiency and delay caused by COVID-19 will threaten the completion of
certain classes of projects before the expiration of planning entitlements, resulting in the loss of those
entitlements and in incomplete projects that will impact the healthy, safety, and general welfare;
WHEREAS, Government Code sections 36934 and 36937 authorize ordinances to take effect
immediately if they are for the immediate preservation of the public peace, health or safety, contain a
declaration of the facts constituting the urgency, and are passed by a four -fifths vote of the City Council;
WHEREAS, providing temporary relief for projects with entitlements set to expire on or before
March 4, 2021, is necessary to combat the dangers presented by delays in development due to COVID-19,
including blight, poor aesthetics and delaying development of needed housing and other beneficial uses
within the City; and
WHEREAS, the City Council desires to adopt this ordinance as an urgency ordinance, effective
immediately, pursuant to Government Code sections 36934 and 36937.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN AS
FOLLOWS:
SECTION 1. Urgency Ordinance. The City Council of the City of Temple City incorporates
the findings above by reference and adopts the ordinance set forth in Attachment A.
Ordinance No. 20-1044U
Page 2 of 3
SECTION 2. Adoption and Effective Date. This urgency ordinance is adopted and takes effect
immediately upon four -fifths vote of the City Council.
SECTION 3. Environmental Review. The City Council exercises its independent judgment and
finds that the enactment of this ordinance is exempt from the California Environmental Quality Act ("CEQA")
under the State CEQA Guidelines (Chapter 3 of Title 14 of the California Code of Regulations beginning at
Section 15000), specifically: Section 15060(c)(2), because the proposed ordinance will not result in a direct
or reasonably foreseeable indirect physical change in the environment; and Section 15061(b)(3), because
the ordinance is covered by the general rule that CEQA applies only to projects which have the potential
for causing a significant effect on the environment. The ordinance simply addresses procedures concerning
the expiration date of permits for projects that have already been or will be evaluated through a separate
environmental review process in accordance with CEQA. As such, it can be seen with certainty that there
is no possibility that the enactment of this ordinance may have a significant adverse effect on the
environment, and the adoption of this ordinance is exempt from CEQA.
SECTION 4. Codification. This urgency ordinance will not be codified in the Temple City
Municipal Code and will remain uncodified.
SECTION 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase,
or portion of this ordinance, is for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision will not affect the validity of the remaining portions
of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and
each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the
fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or
portions thereof be declared invalid or unconstitutional.
SECTION 6. Certification and Publication. The City Clerk will certify the adoption of this
ordinance and cause this ordinance to be published in the manner required by law.
Signed and approved this 7th day of July, 2020.
ATTEST:
Thomas Chavez,
Gregor y"Mrir"phy, City Attorne
I HEREBY CERTIFY that the foregoing ordinance was adopted by the City Council of the City
of Temple City at its meeting held on the 7th day of July, 2020 by the following vote:
AYES: Councilmember: Man, Sternquist, Vizcarra, Yu, Chavez
NOES: Councilmember: None
ABSENT: Councilmember: None
ABSTAIN: Councilmember: None
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Peggy Kuo, Cit
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Ordinance No. 20-1044U
Page 3 of 3
ATTACHMENT A
TEMPORARY PROCEDURE FOR GRANTING ONE-YEAR
EXTENSIONS TO PLANNING ENTITLEMENTS SET TO EXPIRE ON OR
BEFORE MARCH 4, 2021
SECTION 1: PURPOSE:
COVID-19 has resulted in unexpected inefficiencies and delays with project progress. This ordinance
authorizes the director of the department of community development, or the city manager's designee, to
administratively extend the expiration dates of certain categories of planning entitlements currently set to
expire on or before March 4, 2021, to address the unexpected disruption caused by COVID-19 and
encourage the completion of projects within the City. This ordinance is intended to be temporary in nature
and will provide a procedure, in addition to those set forth in the Temple City Municipal Code (TCMC), to
extend such planning entitlements.
SECTION 2: ONE-YEAR ADMINISTRATIVE EXTENSION:
The director or the city manager's designee may, upon receipt of a completed application acceptable to the
city and the payment of any applicable fees, administratively extend the expiration date of certain
categories of entitlements set to expire on or before March 4, 2021, for a period of one year from the
existing date of expiration. The categories of entitlements eligible for this administrative extension
includes: condition use permits (TCMC section 9-1C-6-G); variances (TCMC section 9-1C-6-E);
major site plan reviews (TCMC section 9-1C-6-C), minor site plan reviews (TCMC section 9-1C-6-
B), and tentative maps (TCMC section 9-2-2). For extensions of tentative maps, the director or
designee will be deemed to be the "advisory agency" that is permitted to approve such an extension,
and such extension may not exceed the six -year extension limitation, as set forth under Government
Code section 66452.6(e).
SECTION 3: APPEALS:
The decision to grant a one-year administrative extension may be appealed in accordance with the
appeal procedures set forth in TCMC section 9-1C-5-G.
SECTION 4: EFFECTIVE PERIOD:
This ordinance is effective until March 4, 2021, and after such date, this ordinance will be automatically
repealed.
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