CC Resolution 12891 - County Health OrdersRESOLUTION NO. 12891
A RESOLUTION OF THE COUNCIL OF THE CITY OF
CAMPBELL SETTING FORTH ENFORCEMENT
PRIORITIES AFFECTING RESTAURANT BUSINESSES
USE OF OUTDOOR PRIVATE SPACE FOR DINING
WHEREAS, On March 17, 2020, the City Council adopted a resolution ratifying the
Director of Emergency Services' proclamation dated March 12, 2020, declaring the
existence of a local emergency resulting from the community spread of COVID-19 in the
City of Campbell
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, in response to the strain placed on businesses by the County Health Orders,
on June 9, 2020, the City Council adopted a Resolution authorizing code enforcement
officials 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 by facilitating outdoor dining and
the outdoor display of merchandise subject to certain reasonable limitations
WHEREAS, the City Council has reviewed the local emergency declaration every sixty
(60) days and has adopted resolutions to extend the declaration of a local emergency on
May 5, July 24, September 15, November 2, and December 15 of 2020; on February 2,
April 6, June 1, August 3, September 21, October 19, and November 16 of 2021; and on
January 18, March 15, May 17, and July 5 of 2022.
WHEREAS, as the number of COVID-19 cases has significantly decreased, the City
Council has identified that the circumstances no longer exist that support extension of the
declaration of local emergency, which will expire on September 27, 2022.
WHEREAS, the City desires to continue to support the recovery its businesses in a safe
and responsible manner.
WHEREAS, the City desires to allow restaurants to continue to provide outdoor dining in
private open spaces in the City on a temporary basis, until it identifies if the outdoor dining
can permanently remain or must be removed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell,
pursuant to the Council's authority under the Police Powers provisions of the California
Constitution, authorizes code enforcement officials to exercise their discretion in a
manner that recognizes the need for flexibility of restaurant businesses in providing their
services, and gives a low priority to code enforcement efforts against restaurants by
facilitating outdoor dining subject to certain reasonable limitations necessary to protect
the public, health, safety and welfare, including but not limited to:
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1. Location: The outdoor dining 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 activities shall not
exceed 40% of the parking spaces required for the particular business;
b. Parking stalls used for dining 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;
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:
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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; and
c. Accessibility — All accessibility requirements shall be maintained
consistent with Federal, State and local laws; and
d. Duration — this authorization shall remain in effect for six months and
expire on March 27, 2023;
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
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 20t" day of September 2022, by the following roll call vote:
AYES: Councilmembers: Gibbons, Lopez, Landry, Bybee, Resnikoff
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST:
Andrea S ders, City Clerk
APPROVED
i�
Paul Resnikoff, Mayor
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