HomeMy WebLinkAboutItem 11c.2 - Resolution No. 7308 Suspending Certain Deadlines due to Local EmergencyRESOLUTION NO. 7308
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, SUSPENDING CERTAIN DEADLINES
APPLICABLE TO LAND DEVELOPMENT PROJECTS UNDER THE
MUNCIPAL CODE DUE TO THE LOCAL EMERGENCY
WHEREAS, On March 4, 2020, the Health Officer of Los Angeles County
determined that there is an imminent and proximate threat to the public health from the
introduction of COVID-19 in Los Angeles County and declared a Local Health Emergency
and the Los Angeles County Board of Supervisors concurrently proclaimed the existence
of a local emergency for the County of Los Angeles; and
WHEREAS, on March 4, 2020, California Governor Gavin Newsom declared a
State of Emergency due to the spread and effects of COVID-19; and
WHEREAS, On March 17, 2020, the City Council of the City of Arcadia ("City
Council") adopted Resolution 7300, ratifying the City Manager's proclamation of a local
emergency and declaring a local emergency; and
WHEREAS, Resolution 7300 by its express terms "shall be superseded by a
further order of the Director of Emergency Services adopted during the local emergency
that expressly supersedes" the orders contained in Resolution 7300; and
WHEREAS, on March 19, 2020, California Governor Newsom issued Executive
Order N-33-20 which, with certain exceptions, ordered all individuals in the State to stay
at home to stop the spread of the Coronavirus (COVID-19); and
WHEREAS, as a result of the "Stay at Home" Order and other considerations
during the emergency, hardships have been created for developers and land use
permittees involving their employees, design teams, consultants and contractors,
logistical needs, and financing; and
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WHEREAS, it is important for the City of Arcadia to take measures to keep
development projects viable and active during this period of unprecedented economic
upheaval; and
WHEREAS, California Constitution Article XI, Section 7 enables the City to
make and enforce local land use regulations, and the regulation and control of the design
and improvement of subdivisions are vested in the City Council under California
Government Code Section 66411, and Article IX of the Arcadia Municipal Code governs
land use and development including, without limitation: building, planning, zoning, and
subdivision regulations.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The term "Deadline" herein shall mean the date of expiration of a
time period in which a land use permittee or applicant is required by the Arcadia Municipal
Code or related condition of approval to take or complete a specified action.
SECTION 2. Deadlines that fall between March 17, 2020 and March 17, 2021
are hereby suspended through and including March 17, 2021. This suspension shall take
effect automatically without requiring a request from the permittee. It shall apply
retroactively to include deadlines on and after March 17, 2020. For applications that were
approved prior to March 17, 2020, the Deadline shall be tolled for one year. For
applications that were or are approved on or after March 17, 2020, the Deadline shall not
begin to run until March 18, 2021.
SECTION 3. This Resolution applies to permits and entitlements set forth in
Article IX of the Arcadia Municipal Code. These include, without limitation, deadlines
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involving the following: building permits, tentative maps, parcel maps, commencement
dates on construction from planning entitlements, commencement dates for submittal into
plan check processes, and design review approvals. Determinations as to the applicability
of this Resolution to types of permits and Deadlines, and calculations of deadlines
hereunder, shall be subject to the procedures for interpretation of Article IX of the Arcadia
Municipal Code as set forth at section 9101.02. The applicant has sole responsibility for
obtaining an interpretation prior to the Deadline.
SECTION 4. This Resolution does not suspend, or otherwise grant any
extension of time, for Deadlines that relate to health and safety improvements or to abate
a nuisance. The scope of this Resolution does not include time periods associated with
the following, without limitation: payment of fees set forth in the fee schedule, appeals of
decisions, presenting claims under the Government Claim Act, and filing lawsuits under
any State law.
SECTION 5. This action is a municipal affair of the City of Arcadia and subject
to the home rule authority of the City Charter. To the extent any portion of this action is
unlawful or unenforceable, such portion shall be severed, and the remainder shall
continue in full force and effect.
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SECTION 6. The City Clerk shall certify to the adoption of this Resolution.
Passed, approved and adopted this 5th day of May, 2020.
ATTEST:
City Clerk
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
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Mayor of the City of Arcadia