CC Resolution 12595RESOLUTION NO. 12595
A RESOLUTION OF THE COUNCIL OF THE CITY OF
CAMPBELL SETTING FORTH ENFORCEMENT
PRIORITIES AFFECTING DOWNTOWN RETAIL AND
RESTAURANT BUSINESSES 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;
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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.
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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 in 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;
b. Beyond the business' occupied tenant space and in front of an
adjacent tenant space upon the written approval of that other tenant;
C. On an adjacent private property upon written approval of all
ownership interests of said property;
d. On an adjacent private property so long as the activity does not
disrupt the adjacent property's use, and written approval of the property
owner is received;
e. On public sidewalks subject to obtaining an administrative permit
from the Community Development Department, pursuant to Campbell
Municipal Code section 21.10.060.H;
f. Within a public parking lot controlled by the City subject to obtaining
an encroachment permit pursuant to Campbell Municipal Code Chapter
11.04 and/or the execution of a license agreement, and compliance with all
lawful terms and conditions;
2. Use of Private Parking Lot: No more than 20% of the existing parking
stalls in a private parking lot shall be occupied by the outdoor 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
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applicable Fire Codes. Umbrellas are permitted within the public right-of-way
sidewalk;
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 back to its pre-existing purpose; and
d. Accessibility — All accessibility requirements shall be maintained
consistent with Federal, State and local laws.
BE IT FURTHER RESOLVED that any fees normally associated with any permits
required to implement the outdoor dining and displays contemplated by this Resolution
are hereby waived during the declared local state of emergency;
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BE IT ALSO FURTHER RESOLVED that the City Manager is authorized to enact and
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: Councilmembers: Waterman, Bybee, Resnikoff, Gibbons, Landry
NOES: Councilmembers: None
ABSENT: Councilmembers: None
UTMOT67=91
Susan M. Landry,- Mayor
ATTEST:
. Idyll
Andrea SgXders, Deputy City Clerk
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