HomeMy WebLinkAbout2020-02DocuSign Envelope ID: ADF86B86-DE8B-4EEA-BCCF-361AOODB6D7E
ORDINANCE NO. 2020-02
AN URGENCY ORDINANCE OF THE TOWN OF DANVILLE SUSPENDING
AUTOMATIC DEEMED COMPLETE AND APPROVAL DEADLINES FOR ALL
LAND USE, SUBDIVISION, AND ZONING APPLICATIONS
The Danville Town Council does ordain as follows:
SECTION 1. FINDINGS.
In enacting this ordinance, the Town Council makes the following findings:
1. A novel (new) coronavirus (named "COVID-19") was first detected in China in
December 2019. COVID-19 has now spread and on March 11, 2020 was declared
a global pandemic by the World Health Organization.
2. The federal and state governments and the County of Contra Costa have all
decleared states of emergencies in response to the spread of COVID-19.
3. On March 17, the Danville Town Council adopted Resolution No. 21-2020
declaring a local emergency within the Town.
4. On March 15, 2020, the CDC issued guidance recommending that for the next eight
weeks, organizers cancel or postpone in-person events that consist of 50 people or
more throughout the United States. On March 16, 2020, the President issued more
stringent guidelines, recommending that people avoid gatherings of more than 10
people.
5. On March 16, 2020, the Contra Costa County Health Officer issued an order
directing individuals living in the County to shelter at their place of residence
unless they are required to engage in certain essential activities, work for essential
businesses, or provide essential governmental services.
6. The March 16, 2020 Order also directs all businesses and governmental agencies
to cease non-essential operations at physical operations in the County; prohibits
all non-essential gatherings of any number of individuals; and orders cessation of
all non-essential travel.
7. Given these directives and orders, it is impossible for the Town to process land use
applications within normal time limits imposed by state and local laws. Town
staff is being required to work remotely, making it difficult or impossible to
properly accept applications, to meet with applicants to review applications, to
send out public notices and to meet with and receive comments from other
impacted agencies. In addition, given the restrictions on meetings and gatherings,
it will be impossible for the Town to conduct required public hearings in a manner
allowing for adequate public participation and input.
8. Because of these restrictions, it is necessary to suspend automatic deemed
complete and approval deadlines, including appeal deadlines, for all land use,
subdivision and zoning applications until Town functions can be restored at the
DocuSign Envelope ID: ADF86B86-DE8B-4EEA-BCCF-361AOODB6D7E
conclusion of the local emergency. This is necessary for the immediate
preservation of the public peace, health and safety.
SECTION 2. SUSPENSION OF ALL REVIEW DEADLINES AND AUTOMATIC
APPROVALS.
A. All provisions of laws, ordinances, regulations, resolutions, rules, and statutes,
including, but not limited to, provisions contained in the California Permit Streamlining
Act, the California Environmental Quality Act, the California Planning and Zoning Law,
the California Subdivision Map Act, and the Town of Danville Subdivision and Zoning
Regulations, establishing deemed complete deadlines, review deadlines and authorizing
automatic approvals, are suspended for the duration of the existing emergency.
B. Pursuant to Government Code Section 36937, this ordinance shall be effective
immediately and shall apply retroactively to all applications that were on file with the
Town as of the date the local emergency was first declared and to all applications filed
during the emergency.
C. For application review and automatic approval deadline purposes, all land use,
subdivision, and zoning applications that were either on file with the Town on the date
the local emergency was first declared or that were filed with the Town during the period
of the local emergency, shall be considered filed on the first working day following
expiration of the emergency.
D. The term "emergency" as used in this Ordinance shall mean the local emergency
declared by the Town Council on March 17, 2020.
SECTION 3. PUBLICATION AND EFFECTIVE DATE, The City Clerk shall have
this ordinance published once in a newspaper of general circulation within fifteen (15)
days after adoption.
This ordinance is an urgency ordinance adopted pursuant to Government Code Section
36937 and as such, shall become effective immediately if adopted by at least a four-fifths
vote of the Town Council.
PAGE 2 OF ORDINANCE NO. 2020-02
DocuSign Envelope ID: ADF86B86-DE8B-4EEA-BCCF-361AOODB6D7E
The foregoing Ordinance was adopted by the Danville Town Council at a regular meeting
held on March 17, 2020, by the following vote:
AYES: Arnerich, Blackwell, Morgan, Storer
NOES: None
ABSTAIN:
ABSENT: stepper
DocuSigned by:
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APPROVED AS TO FORM: ATTEST:
DocuSigned by:
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DocuSijned by:
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CLERK'S CERTIFICATE
I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is
a true and accurate copy of Ordinance No. 2020-02 of said Town and that said ordinance
was published according to law.
3/18/2020
Dated:
DocuSigned by:
ynel'efieff the
Town of Danville
PAGE 3 OF ORDINANCE NO. 2020-02