07-07-2020 - AGENDA ITEM 05 CONSIDERATION OF PROGRAM EXTENDING PLANNING ENTITLEMENTS, BUILDING PLAN CHECKS, BUILDING PERMITS, ENGINEERING PLAN CHECKS, AND ENGINEERING PERMITS FOR A PERIOD OF SIX MONTHSAGENDA ITEM NO. 5
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: July 7, 2020
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF PROGRAM EXTENDING PLANNING ENTITLEMENTS,
BUILDING PLAN CHECKS, BUILDING PERMITS, ENGINEERING PLAN CHECKS,
AND ENGINEERING PERMITS FOR A PERIOD OF SIX MONTHS
RECOMMENDATION:
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO.2020-73 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, PROVIDING AN AUTOMATIC EXTENSION OF THE EXPIRATION
DATE OF ALL PLANNING ENTITLEMENTS, ALL BUILDING DIVISION PLAN CHECKS AND
PERMITS, AND CERTAIN ENGINEERING DIVISION PLAN CHECKS AND PERMITS, WHICH
WERE VALID AS OF MARCH 1, 2020 AND ARE DUE TO EXPIRE BY DECEMBER 31, 2020, FOR
A PERIOD OF SIX MONTHS
BACKGROUND:
On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat
of COVID-19. The City declared the existence of a local emergency on March 16, 2020. On the same day, the
Los Angeles County Health Officer issued an order to prohibit group events and gatherings of 50 or more
people and require social distancing measures. On March 19, 2020, the Health Officer issued the first "Safer at
Home Order", prohibiting gatherings of 10 or more people and requiring the closure of indoor malls, shopping
centers, and non -essential businesses. On March 21, 2020, the Health Officer issued a revised Safer at Home
Order which, among other things, prohibited all group events and gatherings through April 19, 2020. West
Covina City Hall closed to the public on March 23, 2020.
On April 10, 2020, the Los Angeles County Public Health Officer extended the Safer at Home Order through
May 15, 2020. On May 6, 2020, Los Angeles County issued a five -stage roadmap outlining a phased approach
to modifying the County's Safer at Home Order and a reopening process for certain business sectors. On May
18, 2020, West Covina City Hall re -opened to the public. On June 11, 2020, the Los Angeles County Public
Health Officer issued a revised Health Officer order directing, among other things, that all persons living
within the Los Angeles County Public Health Jurisdiction remain in their residences whenever practicable.
DISCUSSION:
The City is seeking to assist homeowners, property owners and developers by extending the permit expiration
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dates by six months. This is a proactive economic development idea that will assist applicants' during this
financially challenging times.
Entitlements approved by the Planning Commission and/or Community Development Director pursuant to
provisions of the City's Zoning Code, as well as plan checks and permits conducted and issued pursuant to the
adopted Building Code, include expiration dates.
Planning Division entitlements generally range from one year for a relatively small number of Director's
review level projects (such as a Second Unit Review or Administrative Review), to two years for larger
entitlements that require a public hearing (such as a Precise Plan or Conditional Use Permit). In each case, an
applicant may apply prior to expiration of the original approval for up to a one-year extension, which may be
granted by the original reviewing body (by the Director for Director's approvals; by the Planning Commission
for Planning Commission's approvals).
For plan checks associated with Building and certain Engineering (retaining wall, drainage, and/or grading)
permits, a permit must be issued within 180 days of the application or the plan check will expire. Up to one
180-day extension may be granted by the Building Official or City Engineer upon written request by the
applicant showing that circumstances beyond the control of the applicant have prevented action from being
taken and upon the payment of an extension fee.
West Covina Municipal Code Section 7-18.1 states that "[e]very permit shall become null and void by
limitation whenever the work that is done during any continuous period of one hundred eighty days (180)
amounts to less than ten (10) percent of the total work authorized by such permit."
While the City has been continuing to accept and process Planning entitlements, Building permit applications,
and Engineering permit applications, and has been performing inspections in -person, staff acknowledges the
difficulties some development projects have encountered in the current environment. Based on this, staff is
recommending that the City Council consider automatically extending the expiration dates for all Planning
entitlements, all Building Division plan checks and permits, and certain Engineering plan checks and permits
(private property drainage, retaining wall, and/or grading) that were valid as of March 1, 2020 and that are due
to expire by December 31, 2020, for a period of six -months with no associated fee. Permits that expired prior
to March 1, 2020 are not eligable for this program.
LEGAL REVIEW:
The City Attorney's Office has reviewed the resolution and approved it as to form.
OPTIONS:
The City Council has the following options:
1. Adopt the proposed resolution; or
2. Defer action and provide alternate direction to staff; or
3. Take no action.
Prepared by: Jo -Anne Burns, Planning Manager
Fiscal Impact
FISCAL IMPACT:
The fiscal impact is unknown. The extension fee is $175.00 for Director's review level entitlements and
$948.00 for Planning Commission review level entitlements. The extension fee for Building/Engineering
permits is typically based on and equals to the percentage of work that has not been completed (if 50-percent
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of the work has not yet been completed, the renewal fee would equal to 50-percent of the current permit fee
for the project). Staff believes the benefits of extending permits for a limited time period will benefit the
City's overall economic development goals.
Attachments
Attachment No. 1 - Resolution No. 2020-73
CITY Enhance the City Image and Effectiveness
COUNCIL Engage in Proactive Economic Development
GOALS &
OBJECTIVES:
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ATTACHMENT NO.1
RESOLUTION NO. 2020-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, PROVIDING AN
AUTOMATIC EXTENSION OF THE EXPIRATION DATE
OF ALL PLANNING ENTITLEMENTS, ALL BUILDING
DIVISION PLAN CHECKS AND PERMITS, AND CERTAIN
ENGINEERING DIVISION PLAN CHECKS AND PERMITS,
WHICH WERE VALID AS OF MARCH 1, 2020 AND ARE
DUE TO EXPIRE BY DECEMBER 31, 2020, FOR A PERIOD
OF SIX MONTHS
WHEREAS, on March 4, 2020, Governor Newsom proclai ned a State of Emergenc y
in response to the global outbreak of the novel coronavirus, COVID-19. On the same date, the
County of Los Angeles declared a local emergency and a local health emergency; and
WHEREAS, on March 16, 2020, the City Manager, acting in the capacity of the
Director of Emergency Services, proclaimed the existence of a local emergency in West
Covina due to the COVID-19 outbreak. On March 17, 2020, the City Council ratified the
proclamation of local emergency; and
WHEREAS, on March 19, 2020, the Los Angeles County Health Officer issued a
"Safer at Home Order" to prohibit group events and gatherings of 10 or more people, require
social distancing measures, and require the closure of indoor malls, shopping centers, and non-
essential businesses. On March 21, 2020, the Health Officer issued a revised order, which,
among other things, prohibited all pubfic and private group events and gatherings through April
19, 2020; and
WHEREAS, on April 10, 2020, the Safer at Home Order was extended through May
15, 2020; and
WHEREAS, on May 6, 2020, the County issued its five -stage roadmap outlining a
phased approach to modifying the Safer at Home Order and a reopening process for certain
business sectors; and
WHEREAS, pursuant to public health directives, West Covina City Hall was closed
to the public from March 23, 2020 through May 15, 2020; and
WHEREAS, entitlements approved pursuant to the City of West Covina Zoning Code
generally include an expiration date of one to two years after approval, with the potential for a
12-month extension; and
WHEREAS, pursuant to the West Covina Municipal Code, a permit shall be issued
within 180 days of the application, or the plan check will expire for all building permit and
certain engineering permit applications reviewed pursuant to the City's adopted Budding
Code. Up to one 180-day extension may be granted by the Budding Official and/or City
Engineer upon written request by the applicant showing that circumstances beyond the control
of the applicant have prevented action from being taken and upon the payment of an extension
fee; and
WHEREAS, pursuant to the West Covina Municipal Code, a building permit shall
expire within 180 days of issuance if the building or work authorized by such permit is not
commenced or if the building or work authorized by the permit is suspended or abandoned at
any time after the work is commenced for a period of 180 days. An extension to an unexpired
permit may be granted by the Building Official and/or City Engineer for a period of 180 days;
and
WHEREAS, the State and local emergencies related to the spread of COVID-19 have
disrupted the submittal, processing, approval and inspection of the development and
construction projects within the City; and
WHEREAS, the City Council desires to automatically extend certain permit expiration
dates for entitlements approved pursuant to the City's Zoning Code and building/engineering
plan check and permits approved pursuant to the adopted Budding Code for a period of six
months.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The expiration date for planning entitlements approved pursuant to
Chapter 26 (Zoning) and Chapter 20 (Subdivision Regulations) of the West Covina Municipal
Code, which were valid as of March 1, 2020 and are due to expire by December 31, 2020, shall
be automatically extended for a period of six months with no associated fee.
SECTION 2. The expiration date for Build ing/Engineering permits and applications
being reviewed pursuant to Chapter 7 (Buildings and Building Regulations) and Chapter 9
(Drainage and Grading) of the West Covina Municipal Code, which were valid as of March 1,
2020 and are due to expire by December 31, 2020, shall be automatically extended for a period
of six months with no associated fee, as long as the applicant ensures that the construction site
is properly maintained, safe, and secure.
SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall
enter the same in the book of original resolutions and it shall become effective immediately.
APPROVED AND ADOPTED this 7th day of July, 2020.
Tony Wu
Mayor
ATTACHMENT NO.1
APPROVED AS TO FORM: ATTEST:
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
I, LISA SHERRICK, Assistant City Clerk of the City of West Covina, California, do
hereby certify that the foregoing Resolution No. 2020-73 was duly adopted by the City Council
of the City of West Covina, California, at a regular meeting thereof hell on the 7th day of July,
2020, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Sherrick
Assistant City Clerk