CC Ordinance No. 20-2204 Urgency Ordinance Extending the Validity of Planning Entitlements and Permits; Extending City Review Action on Development Applications, Executive Order N-54-20 ORDINANCE NO. 20-2204
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AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
EXTENDING THE VALIDITY OF PLANNING ENTITLEMENTS AND PERMITS ISSUED
BY THE COMMUNITY DEVELOPMENT DEPARTMENT;EXTENDING THE TIME FOR
CITY REVIEW AND ACTION ON DEVELOPMENT APPLICATIONS IN THE EVENT
STATE LAW DEADLINES ARE EXTENDED;AND TEMPORARILY SUSPENDING
CERTAIN CEQA REQUIREMENTS AS PROVIDED BY EXECUTIVE ORDER N-54-20
WHEREAS, on February 3, 2020 and pursuant to Section 101080 of the California Health and
Safety Code,the Santa Clara County Health Officer(the"Health Officer")declared a local health
emergency throughout Santa Clara County (the "County") related to the novel coronavirus
("COVID-19"); and
WHEREAS, on February 3, 2020, and pursuant to Section 8630 of the California Government
Code, the Santa Clara County Director of Emergency Services proclaimed a local emergency
throughout the County related to COVID-19; and
WHEREAS, on March 4, 2020, California Governor Gavin Newsom declared a State of
Emergency to make additional resources available, formalize emergency actions already
underway across multiple state agencies and departments, and help the state prepare for a
broader spread of COVID-19; and
WHEREAS, on March 4, 2020, the County issued updated guidance for workplaces and
businesses,stating that employers should take steps to make it more feasible for their employees
to work in ways that minimize close contact with large numbers of people,including: 1)suspend
nonessential employee travel; and 2) minimize the number of employees working within arm's
length of one another, including minimizing or canceling large in-person meetings and
conferences. The County also recommended that persons at higher risk of severe illness should
stay home and away from crowded social gatherings of people as much as possible such as
parades, conferences, sporting events, and concerts where large numbers of people are within
arm's length of one another; and
WHEREAS,as of March 9,2020,the County reported that there were 43 cases of persons testing
positive for COVID-19 in the County, an increase of 23 in five days. In response, the County,
pursuant to its authority under California Health and Safety Codes sections 101040, 101085, and
120175, ordered that private mass gatherings attended by one thousand persons are prohibited
until March 31, 2020 (the "Order"). This Order was based upon evidence of increasing
transmission of COVID-19 within the County, scientific evidence regarding the most effective
approaches to slow the transmission of communicable diseases generally and COVID-19
specifically, as well as best practices as currently known and available to protect vulnerable
members of the public from avoidable risk of serious illness or death resulting from exposure to
COVID-19; and
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Ordinance No.20-2204
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WHEREAS, on March 11, 2020, the City Manager for the City of Cupertino ("City") declared a
local emergency throughout the City related to COVID-19; and
WHEREAS, on March 17, 2020, the Council ratified and continued the City Manager's
declaration of a local emergency; and
WHEREAS, on March 13, 2020, the County issued a new order mandating a countywide
moratorium on gatherings of more than 100 persons and a conditional countywide moratorium
on gatherings of between 35-100 persons; and
WHEREAS,also on March 16,2020,the County, along with five other Bay Area counties,issued
a sweeping "Shelter-in-Place" order (the "Shelter-in-Place Order" or "Order") including
limitations on non-essential work and operations, including but not limited to prohibitions on
most residential and almost all commercial construction; and
WHEREAS, on March 19, 2020, Governor Newsom issued a "Shelter-in-Place" order directing
all individuals living in the State of California to stay home or at their place of residence, with
limited exceptions, to stop the spread of COVID-19 until further notice;and
WHEREAS,on March 31,2020,the public health officers for the six Bay Area counties,including
Santa Clara County, issued an updated "Shelter-in-Place" order effective from April 1, 2020
through May 3,2020, and on April 29,2020 issued an updated"Shelter-in-Place" order effective
from May, 3, 2020 through May 3.1, 2020 (the "Updated Shelter-in-Place Order" or "Updated
Order"); and
WHEREAS, in an effort to reduce the spread of COVID-19, the City has cancelled several
meetings of the City Council and other City Boards and Commissions in March and April 2020;
and
WHEREAS, the City is currently concentrating staff time and resources on the response to the
COVID-19 pandemic and on providing essential City services and protecting public health and
safety during the local emergency; and
WHEREAS, the County's March 31 Shelter-in-Place Order prohibited most residential and
almost all commercial construction, which together with other efforts to slow the spread of
COVID-19 resulted in the delay or cessation of land use development activity, effectively
shortening the validity of planning entitlements and building permits; and l
WHEREAS, the County's April 29 Shelter-in-Place Order permits all construction projects to
resume to the extent allowed under the Governor's statewide Shelter-in-Place order, but
requires that construction projects comply with the Construction Project Safety Protocols issued {
as part of the County's Order, which include social distancing, screening, sanitation y
requirements and other protective measures that may affect the speed of construction; and
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WHEREAS, the County"s April 29 Shelter in Place Order continues to require most residents,
businesses, and employees to stay at home to limit the transmission of the COVID-19 virus and
limits the types of work that may be performed; and
WHEREAS, employees of businesses that typically work in an office setting are now required p
to work from home, and the transition to an alternative work environment makes it more
difficult and time-consuming for some employees to effectively perform business functions such
as preparing construction drawings, reports, and other materials; and
WHEREAS, even when the Shelter-in-Place Order is lifted, a transition period will be needed to
adjust to new business norms and workplace environments; and
WHEREAS, the Shelter-in-Place Order may compromise the ability of residents and businesses
to effectively collaborate and prepare necessary permit documentation for land use
development and business operations; and
WHEREAS, the County's April 29 Order includes Construction Project Safety Protocols which
require workers at construction sites to maintain adequate social distancing and take other
protective measures against COVID-19 that may affect construction timelines, including for
projects that are nearing permit expiration dates,and the impending expiration of permits could
create incentives to speed up work at construction sites in ways that may be inconsistent with
social distancing requirements and other Construction Project Safety Protocols mandated by the
County's Order; and
WHEREAS,The City Council finds that it is necessary for the public health, safety, and welfare
to temporarily extend the validity of certain planning entitlements and other permits issued by
the Department of Planning and Development Services and to extend the time provided for City
review of and action on such applications during the COVID-19 pandemic in light of the local
emergency and Shelter-in-Place Order;
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NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES
ORDAIN AS FOLLOWS:
SECTION 1. Notwithstanding the provisions of Cupertino Municipal Code.("CMC") Chapter
16,Sections 16.02.010 and 16.02.050,the City finds that in light of the COVID-19 local emergency j
and the County's Shelter-in-Place Order, there is good cause to extend by 90 days the following
permit applications submitted to the Chief Building Official pursuant to CMC Chapter 16,
Section 16.02.050, and to subsequently grant a second extension of an additional 90 days for
those permit applications, and to extend by 180 days the following permits, that are not
associated with an active Code Enforcement case, issued by the Chief Building Official pursuant
to CMC Chapter 16,Section 16.02.050: (1) any permit application or permit that had not expired
as of March 16,2020; and (2) any permit issued during the pendency of the County's Shelter-in-
Place Order,including the March 16 Order, the March 31 Updated Order, the April 29 Updated
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Order, and any further continuances of the Order. This extension of permit applications and
permits shall be provided automatically and at no cost to a project applicant.
SECTION 2. Notwithstanding the provisions of CMC Chapter 19, Sections 19.12.030 and
19.12.180 and any Record of Land Use Action or Final Director's Decision,the time to commence
construction for the following Planning Permit Approvals listed in CMC section 19.12.030 is
hereby extended until the County's Shelter-in-Place Order is lifted,plus an additional 180 days:
(1) Planning Permit Approvals for which the time to commence construction had not expired as
of March 16, 2020; and (2) Planning Permit Approvals issued during the pendency of the
County's Shelter-in-Place Order, including the March 16 Order, the March 31 Updated Order,
the April 29 Updated Order, and any further continuances of the Order. This extension shall be
provided automatically and at no cost to a project applicant.
SECTION 3. In the event that any of the timelines for City action established in the Permit
Streamlining Act(Gov.Code§65920 et seq.),Housing Accountability Act(Gov.Code§65589.5),
Subdivision Map Act(Gov. Code§66410 et seq.),Government Code section 65852.2(permitting
of Accessory Dwelling Units), Civil Code section 714(e)(2)(B) (permitting of solar installations)
and/or other state law or regulation are extended or suspended by the Governor, the
corresponding timelines for the City to act on any application pursuant to Cupertino Municipal
Code Titles 16, 18, or 19, including without limitation, Building Permits, Subdivisions,
Architectural Review, Standard Staff Review, and Development Permit Review, shall likewise
be automatically extended to the maximum extent consistent with state law, including any 1
emergency orders issued by the Governor,without any further action by the City Council.
SECTION 4. The Governor's executive order dated April 22, 2020 (Executive Order N-54-20)
provides that the public filing,posting,notice,and public access requirements set forth in Public
Resources Code sections 21092.3 and 21152, and California Code of Regulations, Title 14,
sections 15062(c)(2) and (c)(4); 15072(d); 15075 (a),(d), and (e); 15087(d); and 15094(a), (d), and
(e), for projects undergoing, or deemed exempt from, California Environmental Quality Act
review, are suspended for a period of 60 days (provisions governing the time for public review
are not suspended). Executive Order N-54-20 also provides that the timeframes set forth in
Public Resources Code sections 21080.3.1 and 21082.3, .within which a California Native
American tribe must request consultation and the lead agency must begin the consultation
process, are suspended for 60 days. In accordance with Executive Order N-54-20, these 60-day
suspensions of requirements apply to City actions subject to the California Environmental
Quality Act pursuant to the guidelines adopted in CMC section 2.84.090.
SECTION 5. Government Code section 36937 and CMC section 2.12.050 authorize the adoption
of an urgency ordinance to protect the public peace,health or safety,where there is a declaration
of the facts constituting the urgency and the ordinance is adopted by four-fifths of the Council.
SECTION 6. The City Council hereby finds, determines and declares that this urgency
ordinance adopted pursuant to California Government Code section 36937 and CMC section
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2.12.050 is necessary because there is a current and immediate threat to the public health, safety
and/or welfare and a need for immediate preservation of the public peace,health, or safety that
warrants this urgency measure,which finding is based upon the facts stated in the recitals above,
all of which are deemed true and correct, as well any oral and written testimony at the May 5,
2020 City Council meeting.
SECTION 7.This Ordinance is declared by the City Council to be an urgency measure necessary
for the immediate preservation of the public peace,health or safety. The facts constituting such
urgency are all of those certain facts set forth and referenced in Section 6 of this Ordinance.
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SECTION 8. The City Council of the City of Cupertino held a duly noticed public meeting on
May 5, 2020, and after considering all testimony and written materials provided in connection
with that meeting introduced this ordinance and waived the reading thereof.
SECTION 9. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this Ordinance. The City
Council hereby declares that it would have passed this Ordinance and each and every section,
subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard
to whether any portion of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 10. 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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SECTION 11: Severabilitu.
Should any provision of this Ordinance, or its application to any person or circumstance,
be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise
void, that determination shall have no effect on any other provision of this Ordinance or the
application of this Ordinance to any other person or circumstance and, to that end, the
provisions hereof are severable.
SECTION 12: Effective Date.
This urgency Ordinance shall take effect immediately upon adoption as provided by
Government Code Section 36937 and CMC section 2.12.050 and shall remain in effect until the
County's Shelter-in-Place Order is lifted, plus an additional 180 days, unless the Ordinance is
otherwise terminated or extended by the City Council .
SECTION 13: Certification.
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The City Clerk shall certify to the passage and adoption of this Ordinance and shall give
notice of its adoption as required by law. Pursuant to Government Code Section 36933, a
summary of this Ordinance may be published and posted in lieu of publication and posting of
the entire text.
SECTION 14: Continuitii.
To the extent the provisions of this Ordinance are substantially the same as previous
provisions of the Cupertino Municipal Code, these provisions shall be construed as
continuations of those provisions and not as amendments of the earlier provisions.
INTRODUCED and ADOPTED as an urgency ordinance of the City of Cupertino at a
meeting of the City Council held on May 5, 2020,by the following vote:
Vote Members of the City Council
AYES: Scharf, Paul, Chao, Sinks, Willey
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
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S even Scharf,Mayor Date
City of Cupertino
ATTEST:
Kirsten Squarcia, CitAlerk Date
APPROVED AS TO FORM:
T - V- l o l l (�-
Heather Minner, City Attorney Date
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
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I, KIRSTEN SQUARCIA, City Clerk and ex-officio Clerk of the
City Council of the City of Cupertino, California, do hereby certify the
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attached to be a true and correct copy of Ordinance No. 20-2204 which
was enacted on May 5, 2020, and that it has been published or posted
pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this Z L( day of Vovem 6 t-r 2020.
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KIRSTEN SQUARCIA, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California