Loading...
CC Resolution 12594RESOLUTION NO. 12594 A RESOLUTION OF THE COUNCIL OF THE CITY OF CAMPBELL SETTING FORTH ENFORCEMENT PRIORITIES AFFECTING RETAIL AND RESTAURANT BUSINESSES OUTSIDE OF THE DOWNTOWN AREA DURING COVID-19 EMERGENCY WHEREAS, conditions of extreme peril to the safety of persons and property have arisen within the City, based on the following: 1. Coronavirus Disease 2019 (named "COVID-19") was first detected in Wuhan City, Hubei Province, China, in December 2019. The Centers for Disease Control and Prevention (CDC) considers the virus to be a very serious public health threat with outcomes ranging from mild sickness to severe illness and death. COVID-19 has spread globally to over 85 countries, infected more than 95,000 people, and killed more than 3,000 individuals; 2. On January 30, 2020, the World Health Organization declared the COVID-19 outbreak a Public Health Emergency of International Concern; 3. On January 31, 2020, the United States Secretary of Health and Human Services declared a Public Health Emergency; 4. On January 31, 2020, the first case of COVID-19 was confirmed in the County of Santa Clara ("County"); 5. On February 5, 2020, the County Health Officer determined that there is an imminent and proximate threat to public health from the introduction of COVID-19 in the County and issued a Declaration of Local Health Emergency. At the same time, the County Director of Emergency Services declared the existence of a Local Emergency in the County; 6. On February 10, 2020, the County Board of Supervisors ratified and extended the Declaration of a Local Health Emergency and the Proclamation of a Local Emergency; 7. On February 26, 2020, the third of COVID-19 was confirmed in the County; 8. By March 4, 2020, the number of confirmed cases of COVID-19 had increased to eleven (11) in the County with confirmed community spread. The California Department of Health Services reported its first death related to COVID-19, and the Governor of California declared a state of emergency; 9. By March 5, 2020, the number of confirmed cases of COVID-19 had increased to twenty (20) in the County, with strong evidence of increasing community spread. The County expanded its guidance as a result; Page 1 of 5 10. By March 6, 2020, the number of confirmed cases of COVID-19 had increased to twenty-four (24) in the County, with strong evidence of increasing community spread; 11. By March 9, .2020, the number of confirmed cases of COVID-19 had increased to forty-three (43) in the County. On March 9, 2020, the County of Santa Clara Public Health Department announced the first death from COVID-19 in the County. The County Health Officer imposed a countywide moratorium on mass gatherings of 1,000 or more persons to mitigate the spread of COVID-19; 12.On March 10, 2020, the County Board of Supervisors again ratified and extended the Proclamation of a Local Health Emergency. 13.On March 11, 2020, the World Health Organization characterized the COVID-19 outbreak as a pandemic; 14.As of June 5, 2020, there have been approximately 2,850 cases of COVID-19 related disease in Santa Clara County and approximately 144 COVID-19 related fatalities. WHEREAS, on March 12, 2020, the Director of Emergency Services issued a proclamation declaring the existence of a local emergency within the City; WHEREAS, on March 16, 2020, the County of Santa Clara Public Health Department issued an Order, which severely restricted business operation in Santa Clara County; WHEREAS, the restrictions issued by the County of Santa Clara Public Health Department have been extended and continued in modified fashion until June 5, 2020; WHEREAS, the COVID-19 Emergency has placed an extreme financial burden on businesses and their employees operating under the orders of the County of Santa Clara Public Health Department; WHEREAS, in response to the strain placed on essential businesses by the County Health Orders, on April 30, 2020,. the City Council of the City of Campbell adopted a Resolution authorizing Campbell code enforcement officials to exercise their discretion in a manner that recognizes the need for flexibility by essential services providers, and gave a low priority to code enforcement efforts against businesses providing products or services of the type that were regularly utilized by the business prior to March 16, 2020; WHEREAS, on May 5, 2020, the City Council adopted a Resolution extending the local state of emergency for up to sixty (60) days; WHEREAS, the County Health Department has issued an order effective June 5, that continues many of the prior restrictions on businesses, but among other things, allows restaurants to provide outdoor dining; and retail establishments to provide in-store shopping, subject to limitations/social distancing; and WHEREAS, the City desires to promote the recovery its businesses in a safe and responsible manner. Page 2 of 5 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell, pursuant to California Government Code section 8634, and the Council's authority under the California Constitution, it is hereby ordered that during the existence of the declared local emergency, code enforcement officials are authorized to exercise their discretion in a manner that recognizes the need for flexibility by retail and restaurant businesses in providing their products and services, and gives a low priority to code enforcement efforts against businesses located outside of the C-3 (Central Business District) by facilitating outdoor dining and the outdoor display of merchandise, subject to certain reasonable limitations necessary to protect the public, health, safety and welfare, including but not limited to: 1. Location: The outdoor business activity may be located: a. On private property owned, leased and lawfully controlled by the business with the written consent of the property owner; b. Within common areas of a business center with the written consent of the property owner; and C. Within the parking areas of the premises with the consent of the property owner; 2. Use of Private Parking Spaces: a. The number of parking stalls utilized for dining or outdoor retail activities shall not exceed 40% of the parking spaces required for the particular business; b. Parking stalls used for dining or outdoor retail activities shall be located immediately contiguous to any sidewalk which fronts the subject building occupied by merchants, so as to avoid having a guest walk across a vehicle drive aisle in order to gain access into the area being used for the dining or retail activity; 3. Hours of Operation: The hours of operation shall not exceed 6:00 a.m. to 11:00 p.m., unless otherwise permitted under the existing land use entitlement for the particular business; 4. Heating Devices: Heating devices, such as propane heaters, may be utilized for day or night-time operations. Storage of propane canisters shall be in conformance with required Fire Codes; 5. Tents and Coverings: Tents and coverings are permitted only within private parcels, private common areas or private parking lots so long as all businesses that occupy the subject property use the same model and color in order to achieve design consistency. Such fabric should be fire retardant and comply with applicable Fire Codes. Umbrellas are permitted within the public right-of-way sidewalk; Page 3 of 5 6. Lighting: Lighting will be permitted for night-time operations. Such lighting shall not disrupt surrounding properties or create vehicle circulation issues. Any extension cords used to provide power to the expanded area shall be securely fastened to the ground to avoid tripping hazards or impede in accessibility; 7. Alcohol Service: Operational expansions involving the sale of alcoholic beverages will need an updated ABC license. The applicant is responsible for securing a permit from the State Department of Alcohol Beverage Control; 8. Live Entertainment: No live entertainment is allowed exterior to the business unless live entertainment has previously been issued that specifically authorizes the use of an outdoor area; 9. Performance Measures: The following measures shall be followed: a. Maintenance — The business expansion area shall be maintained free of debris and clutter and shall not create public nuisance issues as specified in Campbell Municipal Code Chapter 6.10 (Nuisance Abatement and Administrative Penalties). Appropriate waste collection containers shall be provided and all areas shall be regularly cleaned pursuant to the current County Public Health Officer Order. It is the responsibility of the tenant to implement this requirement on a regular basis; b. Storage — Except for -any tents, furniture or display racks, all loose items and products shall be brought inside the business tenant space at close of business to diminish vandalism or clutter; c. Discontinuance — Once the County Public Health Officer Order has been rescinded or the City of Campbell terminates this order, all outdoor areas shall be returned to its pre-existing purpose; and d. Accessibility — All accessibility requirements shall be maintained consistent with Federal, State and local laws; and 10. Waiver of Permits: No permits from the City shall be required so long as the outdoor dining or retail activities comply with this Resolution and all Guidelines and regulations issued by the City Manager to implement the intent of this Resolution. BE IT ALSO FURTHER RESOLVED that the City Manager is authorized to enact and Page 4 of 5 enforce any guidelines or regulations that are substantially consistent with this Resolution as are necessary to implement the intent of this Resolution and protect the public, health, safety and welfare in the process. PASSED AND ADOPTED this 9t" day of June 2020, by the following roll call vote: AYES NOES ABSENT: ATTEST: Councilmembers: Waterman, Bybee, Resnikoff, Gibbons, Landry Councilmembers: None Councilmembers: None. �a, 4 Andrea S ders, Deputy City Clerk TUO- Susan M. L d , Ma or Page 5 of 5