01-19-2021 - AGENDA ITEM 09 CONSIDERATION OF PROGRAM EXTENDING PLANNING ENTITLEMENTS, BUILDING PLAN CHECKS, BUILDING PERMITS, ENGINEERING PLAN CHECKS, AND ENGINEERING PERMITS FORAGENDA ITEM NO.9
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: January 19, 2021
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.2021-07 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA PROVIDING AN AUTOMATIC EXTENSION OF THE EXPIRATION DATE
OF ALL PLANNING ENTITLEMENTS, ALL BUILDING DIVISION PLAN CHECK, ALL
BUILDING DIVISION PERMITS, ENGINEERING DIVISION PLAN CHECKS, AND
CERTAIN ENGINEERING DIVISION PERMITS VALID AS OF JANUARY 1, 2021 FOR A
PERIOD OF SIX -MONTHS
BACKGROUND:
The State of California has been in a State of Emergency due to the COVID-19 pandemic since March 4, 2020.
West Covina's local emergency has been in effect since March 16, 2020. On March 19, 2020, the Governor
issued an Executive Order directing all individuals living in the State to stay home or at their place of residence
except as needed to maintain continuity of operations of the federal infrastructure sectors ("Stay at Home
Order").
In mid -April, the Governor announced the State's four -stage "Pandemic Roadmap," which outlined a phased
approach to reopening businesses and modifying the Stay at Home Order. Beginning in early May, the State
permitted counties to obtain variances that would allow them to move more quickly through the reopening
process if certain requirements were met.
On July 1, 2020, following a surge in cases, the Governor ordered the immediate closure of indoor operations
for restaurants, movie theaters, family entertainment centers, zoos, museums and cardrooms in 19 counties,
including Los Angeles County, and the closure of all brewpubs, breweries, bars, and pubs, both indoors and
outdoors, subject to certain exceptions.
On August 28, 2020, the State released the `Blueprint for a Safer Economy," which replaced the County
Monitoring List for determining what businesses can and cannot open and includes a color -coded, tiered
system. Under the framework, each county in the State is assigned a tier based on its case rate and test
positivity rate. There are four (4) tiers: purple (widespread), red (substantial), orange (moderate), and yellow
(minimal).
On November 16, 2020, the State announced that it was pulling an "emergency brake" on the Blueprint for a
Safer Economy due to the sharp increase in COVID-19 cases across California and the country. As a result,
94.1 % of the State's population was moved to the most restrictive purple tier. The State was still utilizing the
color -coded, tiered system; however, it changed the previously outlined process for counties to move between
tiers.
On December 3, 2020, the State announced that CDPH would evaluate public health based on regions,
responsive to hospital capacity for persons residing in those regions. When CDPH determines adult Intensive
Care Unit (ICU) bed capacity for a region is less than fifteen percent (15%), a Regional Stay at Home Order
goes into effect. Los Angeles County is part of the Southern California Region. The Southern California
Regional Stay at Home Order went into effect on December 6, 2020 and remains in effect. The State is also
subject a Limited Stay at Home Order, which generally requires non -essential activities to cease between
10:00pm and 5:00am.
Pursuant to public health directives, West Covina City Hall was initially closed to the public from March 23,
2020 through May 15, 2020. On July 20, 2020, West Covina City Hall again closed to the public due to the rise
of COVID-19 cases, and has remained closed to the public since such date. COVID-19 cases have continued to
rise throughout Southern California.
DISCUSSION:
On July 7, 2020, the City Council adopted Resolution No. 2020-73 (Attachment No. 2), which automatically
extended permits that were due to expire between March 1, 2020 and December 31, 2020 for an additional 6
months.
The City is seeking to continue assisting homeowners, property owners, developers by extending the expiration
dates for all projects that expired or are due to expire between January 1, 2021 and June 30, 2021 for an
additional 6 months. While the City has been continuing to accept and process Planning entitlements, Building
permit applications, Engineering permit applications, and has been performing in -person inspections, staff
acknowledges the difficulties some development projects have encountered in the current environment.
This is a proactive economic development idea that will assist applicants during these 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 Second Unit Review or
Administrative Use Permit), 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. 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 the
circumstances beyond the control of the applicant have prevented action from being taken and upon payment of
an extension fee.
West Covina Municipal Code Section 7-18.1 states that "every 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."
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 January 1,
2021 and entitlements/plan checks/permits that are due to expire by June 30, 2021, for a period of six months
with no associated fee. Projects that were due to expire between March 1, 2020 and December 31, 2020 were
covered by the previously adopted City Council Resolution (No. 2020-73).
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 alternative 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 of
the work has not yet been completed, the renewal fee would equal to 50-percent of the current permit fee for
the project).
Attachments
Attachment No. 1 - Resolution No. 2021-07
Attachment No. 2 - Resolution No. 2020-73
CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety
Respond to the Global COVID-19 Pandemic
Engage in Proactive Economic Development
ATTACHMENT NO.1
RESOLUTION NO. 2021-07
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 JANUARY 1, 2021 AND ARE DUE TO EXPIRE BY
JUNE 30, 2021, FOR A PERIOD OF SIX MONTHS
THE CITY COUNCIL OF THE CITY OF WEST COVINA HEREBY FINDS,
DETERMINES, AND DECLARES AS FOLLOWS:
WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of
Emergency 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. West Covina has been in a state of local
emergency since the City Manager's proclamation; 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; 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, on July 20, 2020, West Covina City Hall again closed to the public
due to the rise in COVID-19 cases, and has remained closed to the public since such
date; and
WHEREAS, the State of California utilizes the "Blueprint for a Safer Economy"
to determine which businesses can and cannot open, utilizing a color -coded tier
system and assigning each county in the State a tier based on its case rate and test
positivity rate. Los Angeles County has remained in the purple — widespread tier since
late August; and
WHEREAS, Southern California is currently subject to a Regional Stay at
Home Order due to Intensive Care Unit (ICU) bed availability, which, according to
CDPH, was zero percent (0%) as of January 8, 2021; 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 Building Code. Up to one 180-day extension may be granted by the Building
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
Building Code for a period of six months.
NOW, THEREFORE,THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA HEREBY RESOLVES 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 January 1, 2021 and are due to expire by June
30, 2021, shall be automatically extended for a period of six months with no associated
fee.
SECTION 2. The expiration date for Building/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 January 1, 2021 and are due to expire by June 30, 2021,
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 19th day of January, 2021.
Letty Lopez-Viado
Mayor
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. 2021-07 was duly adopted by the
City Council of the City of West Covina, California, at a regular meeting thereof held
on the 19th day of January, 2021, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Sherrick
Assistant City Clerk