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HomeMy WebLinkAboutR-11118 approving the Open SLO Outdoor Public Space Expansion Temporary COVID-19 Business Support and Recovery ProgramR 11118 RESOLUTION NO. 11118 (2020 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, APPROVING THE CITY OF SAN LUIS OBISPO OUTDOOR PUBLIC SPACE EXPANSION TEMPORARY COVID-19 BUSINESS SUPPORT AND RECOVERY PROGRAM TO FACILITATE COMPLIANCE WITH PUBLIC HEALTH ORDERS AND TO MITIGATE ECONOMIC IMPACTS BY SUPPORTING LOCAL BUSINESSES AND RESTAURANTS WHEREAS, section 2.24.060 of the Municipal Code empowers the Emergency Services Director to request that the City Council proclaim a local emergency when the City of San Luis Obispo is affected or likely to be affected by a public calamity and the City Council proclaimed a local emergency at its regular meeting on March 17, 2020 regarding the COVID-19 pandemic and proclaimed the continuation of local emergency at its regular meetings of April 7, 2020 and May 8, 2020; and WHEREAS, the Secretary of Health and Human Services Director issued a Determination that a Public Health Emergency exists and has existed of January 27, 2020; and WHEREAS, the President of the United States has declared a State of National Emergency; the Governor of the State of California has proclaimed a State of Emergency for the State of California and issued Executive Orders and direction regarding measures to mitigate the spread of cases of COVID-19 within the State of California; the San Luis Obispo County Emergency Services Director has proclaimed a local emergency; and the San Luis Obispo County Public Health Director has declared a public health emergency related the spread of cases of COVID-19 within the State of California and all recitals set forth therein, are included as though fully set forth herein; and WHEREAS, on March 18, 2020 the San Luis Obispo County Emergency Services Director issued Local Emergency Order and Regulation No. 4 providing for mandatory shelter at home regulations; and WHEREAS, on March 19, 2020, the Governor issued Executive Order N-33-20, including the Order of the State Public Health Officer mandating all individuals living in the State of California to stay home or at their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure sectors; and WHEREAS, on May 4, 2020, the Governor issued Executive Order N-60-20, directing all residents of California to continue to obey State public health directives, as made available at http://covid19. Ca.gov/stay-home-except-for-essential-needs/ and elsewhere as the State Public Health Officer may provide; and Resolution No. 11118 (2020 Series) Page 2 R 11118 WHEREAS, on May 16, 2020, San Luis Obispo County Local Emergency Order and Regulation No. 4 expired by its own terms and both the County and the City of San Luis Obispo remain subject to stay at home and business operations regulation under Executive Order N-60- 20, as well as County of San Luis Obispo Local Emergency Order and Regulation No. 6 COVID- 19 Restricting the Use of Short-Term Lodging Facilities; and WHEREAS, the City of San Luis Obispo will be required to help enforce all restrictions imposed by the State of California and by the County of San Luis Obispo acting as the health agency; and WHEREAS, the County Emergency Services Director and Public Health Officer have evaluated the continuing public health threat and determined the need for continuing regulations of personal and business activities at the state level and of local short term lodging and eviction protections, as well as compliance with state orders, at the local level and to mitigate the continuing spread of the COVID-19 pandemic within the County; and WHEREAS, the pandemic COVID-19 continues to present an present and imminent threat to public health worldwide and in the U.S., resulting in serious present illness or death or an immediate risk thereof to vulnerable populations, including the elderly and those with underlying health conditions; and WHEREAS, heightened levels of public health and safety planning and preparedness have been necessitated in preparation for and response to confirmed cases of COVID-19 in the County of San Luis Obispo, and rapid response not lending itself to otherwise applicable notice and approval timelines has been and will be necessary to respond to the rapidly evolving pandemic and its related, significant economic impacts, and to mitigate against the spread or resurgence of COVID-19 and its resulting mental and physical health, social, and economic impacts, compromising the public health and safety; and WHEREAS, in the absence of such actions, an escalation of the spread remains an imminent threat; and WHEREAS, the pandemic and necessary federal, state and local public health orders requiring social distancing to prevent spread of COVID-19 have had and will continue to have devastating economic impacts on the local community, including residents, businesses, employees and City operations; and WHEREAS, the City has instituted its Fiscal Health Contingency Plan in order to mitigate against economic impacts of emergency response costs and significant revenue reductions and has made drastic reductions to current and projected city costs through reductions in purchasing, limits on hiring, and furloughs of temporary and supplemental staff; and Resolution No. 11118 (2020 Series) Page 3 R 11118 WHEREAS, due to the severe economic impacts of COVID-19 and its economic impacts on the community and the City organization, the Council deems it necessary to suspend enforcement of certain provisions of the City of San Luis Obispo Municipal Code specified below to support social distancing requirements, effective public communication related to rapidly transitioning business re-opening status, and economic viability of businesses in adhering to permitted opening and social distancing requirements; and WHEREAS, Article 14, Section 8630, of the California Emergency Services Act requires that the City Council review the need for continuing the Local Emergency at least every sixty (60) days until such Local Emergency is terminated; and WHEREAS, the below measures are intended to provide economic relief to businesses that are experiencing economic uncertainty while complying with State and County Orders. Accordingly, the City will facilitate a temporary “pilot” program, which will include the development and implementation of a plan to use the right-of-way, sidewalks and streets to help maintain social distancing during the first few phases (stages) of reopening consistent with the State’s Resilience Roadmap and continued economic support of businesses for uses such as walking space, outdoor dining, and pick-up/delivery areas. The program would provide for residents to receive the health and wellness benefits of being outdoors and support businesses with enough space to safely physically distance. WHEREAS, the program is established for the purpose of supporting and facilitating the recovery of business and economic activity in the City by expanding the spaces available for the safe conduct of such activities for City businesses and their customers and patrons to create more physical distance for pedestrians and business patrons to maintain physical distancing; and nothing herein is intended to nor shall be deemed to create open gathering places or public fora unrelated to the intended business support and recovery purpose WHEREAS, time is of the essence to quickly implement a program to allow for safe physical distancing consistent with the State’s Resilience Roadmap and County Guidelines in order to address both public health and economic impacts of COVID-19, as residents have been primarily indoors since the initiation of the State and County Orders, this will be a dynamic temporary program, receiving input from the City Council, and shall be subject to administrative modification by the City, as authorized herein, as necessary in response to emerging issues or concerns of public, health, safety or convenience. NOW, THEREFORE, BE IT PROCLAIMED AND RESOLVED by the City Council of the City of San Luis Obispo that: SECTION 1. All recitals set forth above, and all recitals included in support of Federal, State and County actions referenced herein, are adopted as though fully set forth herein as findings in support of this Resolution and, after considering all such findings and current local circumstances the Council hereby declares the continuing existence of a local emergency related to the continued threat of COVID-19 as it relates to public health and economic impacts; and Resolution No. 11118 (2020 Series) Page 4 R 11118 SECTION 2. City of San Luis Obispo Outdoor Public Space Program (OPEN SLO). In order to support the re-opening of restaurants and other businesses in accordance with the State Executive Order N-60-20, the City Council hereby directs and authorizes the City Manager to implement the OPEN SLO program, which shall include the following six strategies that may be used independently or in combination, along with continued implementation of the Sidewalk Dining Ordinance, as outlined below: A. Six Strategies Identified in the OPEN SLO Pilot Program: 1. Changes to traffic flow, including “Quick-build” improvements toward alignment with the Downtown Concept Plan. 2. Short-term street closures, including short-term road closures in the Downtown and in other areas of the City to facilitate safely distanced pedestrian circulation, expanded outdoor dining, and customer queuing, pickup and waiting areas associated with permitted business activities. 3. Conversion of selected on-street parking spaces to outdoor dining space or other pedestrian uses (parklets), with consideration for at least one installation outside of the downtown; use of the parklet may include: i. Public sidewalk. No improvements other than rail and aesthetic treatments, to create space for safely distanced pedestrian movement and customer queuing, pickup, and waiting areas associated with permitted business activities. ii. Table and Chair. Utilized by one or more businesses under the City’s “Table & Chair” permit process and designated for exclusive use of the business, which may include appropriate signage. 1. Appropriate signage means no more than 15 square feet per outdoor area. iii. Sidewalk Café. Designated parklet for exclusive use by one business under the City’s Sidewalk Café permit process. 4. Use of private and public parking lots for expansion of commercial uses. Enforcement of current off-street parking requirements would be temporarily suspended so that selected spaces in private parking lots could be converted to seating or expanded retail space. The City could also permit use of spaces in public parking lots through the Sidewalk Cafes Ordinance. 5. Conversion of Mission Plaza at set days and times for community and economic recovery support uses, including tables and chairs for ‘to-go’ dining, space for outdoor retail booths, art and culture pop-ups, which may include the closure of the Broad Street ‘dog-leg’ and/or sections of Monterey Street. 6. Pop-ups to encourage and support additional ideas for outdoor space such as: i. Develop guidelines and allow use of parts of the sidewalk for signage, merchandise and queueing, where adequate sidewalk width exists consistent with disabled access requirements and public safety. ii. Develop guidelines and allow for pavement painting and planter box projects initiated by neighborhoods to slow traffic, create painted bulb-outs or other pedestrian-friendly adaptations. iii. Support ‘traveling’ arts and culture events where exhibits or exhibitions are allowed on public spaces for visitors to stroll by. Resolution No. 11118 (2020 Series) Page 5 R 11118 iv. Have designated staff available and a clear process to streamline review and approval of uses to ensure conformity with access and public health and safety regulations. B. Support Expansion of Sidewalk Dining in Support of Social Distancing through application of the existing Sidewalk Dining Ordinance. For purposes of the temporary program support and only for such period of time as such temporary program remains in effect the following Sections of Chapter 5.50, Sidewalk Cafes, of the Municipal Code shall be interpreted and applied as follows: 5.50.015: Permits Required. The encroachment permit process shall be used for the purpose of evaluating, establishing conditions applicable to, and approving all requests for revocable sidewalk cafés permits, and tables and chairs permits, while the temporary program is in place. 5.50.020: Architectural review. The Community Development Director shall use discretion conferred by this section to process permit requests without a separate application for architectural review and without public notice as may be otherwise specified by section 5.50.035 or other City policy, unless required by state law. 5.50.030: Fees. Fees associated with administrative approval of permits under this chapter for permits shall be suspended while the temporary program is in place. 5.50.045.C: Required Operational Standards (Parking). No additional parking will be required for permits approved under this chapter while the temporary program is in place. 5.50.045.G: (Umbrellas, Awnings and street furniture) Community Development Director may allow great flexibility with respect to the design and appearance of outdoor furniture and barriers, consistent with standards for the protection of public health and safety and subject to the approval of the City Engineer. 5.50.050.A: Terms and expiration. Sidewalk café permits approved while the temporary program is in place will not be approved for an unlimited term and shall specify an automatic expiration date, unless subsequently renewed. Resolution No. 11118 (2020 Series) Page 6 R 11118 5.50.060.A: Revocation or Suspension of Permit The City retains the right to revoke or suspend the permit upon twenty-four hours’ notice to the sidewalk café operator for any cause, regardless of conformance with the provisions of the Sidewalk Dining Ordinance. 17.70.100.F.1: Lighting and Night Sky Preservation Exemptions Low-intensity outdoor lighting fixtures used for architectural decoration may be installed without Architectural Review, provided it shall not otherwise create a nuisance or hazard for passing motorists, pedestrians, cyclists or other modes of transportation, subject to the approval of the City Engineer. SECTION 3. No facility, structure or improvement may be erected, constructed or placed in the City Right of Way without the express written approval of the City Engineer and nothing herein is intended to or shall be interpreted to convey any vested right in or to the continued use or occupation of public or private property permitted, allowed or suffered by the City pursuant to the temporary program herein. SECTION 4. Continuing Enforcement of Conditions or Activities Posing a Threat to Public Health, Safety or Welfare; Continued Enforcement of Permit Requirements for Electrical, Plumbing, or Structural Components or Appurtenances and Encroachments into Public Right of Way. Nothing herein is intended to or shall be deemed to relieve any person from the obligation to obtain, or prohibit code enforcement for failure to obtain, any permits that would otherwise be required under state law, the San Luis Obispo Municipal Code, or building and safety codes adopted thereunder, including but not limited to: A. Permits otherwise required for electrical, plumbing, or structural work performed within the City. B. Encroachment permits required for structures, uses and/or activities within the public right of way, which may be issued at no cost by the City to facilitate physical distancing and the reopening of businesses. Further, nothing herein is intended to or shall permit or allow the erection or placement of any permanent or temporary structure or improvement, on public or private property in violation of any state or federal accessibility law, including the Americans With Disabilities Act, or to prohibit or suspend code enforcement action deemed necessary by the Chief Building Official, the City Engineer or any other authorized enforcement official of the City, to remedy or abate: a dangerous condition or activity; any activity presenting an imminent threat of harm to the health, safety or welfare of the community; any violation of state or federal accessibility law; or any unauthorized activity on private property or in the public right of way. Resolution No. 11118 (2020 Series) Page 7 R 11118 SECTION 5. Environmental Review. As a result of the COVID-19 public health emergency, the City of San Luis Obispo proposes a temporary program to use the right-of-way, sidewalks and streets to help maintain social distancing during the first few phases (stages) of reopening consistent with the State’s Resilience Roadmap and provide for residents to receive the health and wellness benefits of being outdoors and support businesses with enough space to safely physicall y distance. The proposed project is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) as followed: A. The project is statutorily exempt under State CEQA Guidelines Section 15269 (Emergency Projects), because the temporary program includes specific actions that would allow for safe physical distancing consistent with the State’s Resilience Roadmap and County and State Guidelines in order to mitigate the COVID-19 public health emergency. B. The project is categorically exempt under State CEQA Guidelines Section 15301 (Existing Facilities) because the actions identified in the program are limited to the permitting, leasing, and minor alteration of existing public facilities, including existing streets, sidewalks, bicycle and pedestrian trails, which would not result in the creation of additional automobile lanes. The program would result in a negligible expansion of existing commercial uses and a negligible expansion of the public’s use of City right- of-way, as the uses included in the temporary program would not vary from the current uses of commercial businesses, residential areas, or public access within the City’s right-of-way. SECTION 6. Notwithstanding any other City policy or procedure, the City Engineer shall be authorized to review and approve on behalf of the City any and all design and construction necessary as part of the temporary program herein and the City Manager shall be authorized to allow and accept on behalf of the City any and all donations of time, materials, labor, professional services and/or funds in support of the temporary program herein without further action of the City Council. SECTION 7. All current and prior emergency and public health orders as currently enacted and in effect, or as subsequently amended or modified, issued by the Governor, the State or County Public Health Official or the City or County Emergency Services Director are expressly adopted and shall be enforceable as if directly enacted by the City Council pursuant to Chapter 2.24 of the San Luis Obispo Municipal Code. Resolution No. 11118 (2020 Series) Page 8 R 11118 SECTION 8. A copy of this Resolution shall be posted on all outside public access doors of City Hall of the City of San Luis Obispo and in one public place within any area of the City within which this Resolution applies and personnel of the City of San Luis Obispo shall endeavor to make copies of this order and regulation available to the news media. Upon motion of Council Member Pease, seconded by Council Member Christianson, and on the following roll call vote: AYES: Council Member Christianson, Pease, Stewart, Vice Mayor Gomez and Mayor Harmon NOES: None ABSENT: None The foregoing Resolution was approved this 22nd day of May 2020. ____________________________________ Heidi Harmon, Mayor ATTEST: ____________________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ____________________________________ Teresa Purrington, City Clerk