HomeMy WebLinkAboutItem 10 - Resolution of Consideration to extend the life of the Open SLO Pilot Program due to COVID-19 Department Name: Community Development
Cost Center: 4001
For Agenda of: March 16, 2021
Placement: Consent
Estimated Time: NA
FROM: Derek Johnson, City Manager
Prepared By: Michael Codron, Director of Community Development
Brian Leveille, Senior Planner
SUBJECT: ADOPT A RESOLUTION TO FURTHER EXTEND THE LIFE OF ALL CITY
DISCRETIONARY APPROVALS AND THE OPEN SLO PILOT PROGRAM
DUE TO THE COVID-19 PANDEMIC EMERGENCY
RECOMMENDATION
1. Adopt a Resolution (Attachment A), superseding Council Resolution No. 11131 (2020
Series), to extend the life of all City discretionary approvals, as follows:
a. Extend the term of all active City planning entitlements for an additional six months
for a total of 18 months following the end of the Covid-19 pandemic emergency.
b. Extend the life of all commercial cannabis business operator permits for an additional
three months, for a fixed period of nine months from the original date of expiration.
c. Extend the life of all building permit applications by an additional six months, for a
fixed period of one year from the original date of expiration.
2. Adopt a Resolution (Attachment B), superseding Council Resolution No. 11118 (2020
Series), to extend the life of the Open SLO temporary pilot program for temporary use of
City right-of-way to support physical distancing and COVID-19 economic recovery as
follows:
a. Extend the term of all Open SLO program activities and policies through the end of
2021 or 180 days beyond termination of the City’s COVID-19 emergency declaration
(whichever comes later).
DISCUSSION
Background
On June 2, 2020, the City Council adopted the 2020-21 Financial Plan supplement with a
singular, integrated Meta City Goal – Economic Recovery. One of the near-term actions
identified was an extension of entitlements so that they would not expire during the pandemic,
causing delays in the economic recovery effort that could result in business closures and lost
revenue opportunities for both businesses and City operations. On June 20, 2020, the City
Council adopted Resolution No. 11131, authorizing extension of City discretionary approvals
and building permit applications due to the Covid-19 pandemic.
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Another near-term action supporting the Economic Recovery Meta City Goal was continued
implementation of the “Open SLO” pilot program, an initiative approved by the City Council on
May 22, 2020, with adoption of Resolution No. 11118. The Open SLO program deploys a
variety of strategies such as temporary street closures, installation of parklets, and use of Mission
Plaza for public outdoor dining to allow the temporary use of City right-of-way to facilitate
social distancing and COVID-19 economic recovery for local businesses affected by public
health restrictions on indoor services. At the time of adoption, the Open SLO program was
identified as a one-year pilot program, with a sunset date of June 2021.
Staff is now recommending an additional extension for entitlement permits and the Open SLO
program based on the length of the ongoing pandemic emergency.
City Discretionary Approvals
Staff’s recommendation is to extend all City discretionary approvals, issued under the Zoning
Regulations and active on the date of the emergency declaration on March 17, 2020, for eighteen
months following the declared end of the state and local emergency. Specifically, for any
discretionary approval active on March 17, 2020, the one-year “life” of the permit will be
extended by the term of the emergency plus an additional 1.5 years.
The term of the emergency is tied to the Governor’s declaration of a stat e of emergency, the
County Public Health Officer’s declaration of a public health emergency, and the City Council’s
local emergency declaration.
Chapter 17.104.070 of the City’s Municipal Code includes the following:
If building permits are not issued for site development authorized by a
discretionary permit within one year of the date of approval or such longer time
as may be stipulated as a condition of approval, the permit shall expire with the
building permit application. Upon written request received prior to expiration,
the director may grant renewals of an approval for successive periods of not more
than one year each, up to a total of three years. Requests beyond three years are
subject to review by the planning commission. Approvals of such renewals shall
be in writing and for a specific period. Renewals may be approved with new or
modified conditions upon a finding that the circumstances under which the permit
was originally approved have substantially changed. Renewal of a permit shall
not require public notice or hearing, unless the renewal is subject to new or
modified conditions. In order to approve a renewal, the director, or planning
commission as applicable, must make the findings required for initial
approval. (Ord. 1650 § 3 (Exh. B), 2018)
The recommendation before the City Council is to approve a generally applicable extension to
the term of any approval covered by this section of the Municipal Code by the term of the
pandemic emergency, plus 18 months. This extension would not impact the ability of any
individual applicant or project proponent to pursue additional extensions, not to exceed a
cumulative three years when combined with this generally applicable extension.
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Building Permit Applications
Building permit applications submitted before January 1, 2020 are subject to the 2016 California
Building Code (CBC). These applications are required by the CBC to be actively pursued and
issued within six months of the application date. The CBC provides for the possibility of
successive 90-day extensions. The recommendation before the City Council is to grant a single,
one year extension to all building permit applications submitted prior to January 1, 2020,
extending their potential life to December 31, 2021. This adds six months to the Council’s prior
action.
CBC Section 105.3.2 - An application for a permit for any proposed work shall be
deemed to have been abandoned 180 days after the date of filing, unless such
application has been pursued in good faith or a permit has been issued; except
that the building official is authorized to grant one or more extensions of time for
additional periods not exceeding 90 days each. The extension shall be requested
in writing and justifiable cause demonstrated.
Commercial Cannabis Business Operator Permits
The City of San Luis Obispo has issued seven commercial cannabis operator permits during the
past two years. Two of those permits have been activated and five have not met all of the
requirements for activation. If a commercial cannabis operator permit is not fully activated
(meaning the business is open and continually operating) within one year of permit issuance,
then current code provisions specify that the operator permit expires. Council previously
approved a six-month extension for these permits and staff is now recommending an extension of
three additional months (nine months total) to these operator permits.
Commercial cannabis business operators have been impacted by Covid-19 similar to other
business types in the City. The process of activating a commercial cannabis operator permit is
extensive and requires approval of a Conditional Use Permit, application for building permit,
construction per the approved building permit, stocking inventory, and opening for business.
Accomplishing all of this within one year is an ambitious schedule during normal times and the
current pandemic and other world events define this time as anything but normal. In light of the
generally applicable recommended entitlement and building permit extensions discussed above,
as well as the inextricable intertwined relationship between such land use entitlements and
building permits and the activation requirements of a cannabis operator’s permit, staff is also
recommending an additional three month (nine-months total) extension on the activation of
currently issued operator’s permits to align with building permit extensions, due to the effects of
the pandemic emergency. The relevant code section follows.
SLOMC 9.10.070.D. Duration and Activation of Permit. Each commercial
cannabis operator permit issued pursuant to this chapter shall expire twelve
months after the date of its activation. The permittee may apply for renewal prior
to expiration in accordance with this chapter. Each commercial cannabis
operator permit must be activated within twelve months of issuance. The permit is
activated by the issuance of a use permit for the commercial cannabis activity
pursuant to Section 17.86.080, together with all other applicable city permits and
state licenses, and the commercial cannabis operator thereafter opening and
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continuously operating the commercial cannabis activity. Failure to timely
activate the permit shall be deemed abandonment of the permit and the permit
shall automatically lapse. (Ord. 1673 §§ 1, 2 (Exh. A), 2020; Ord. 1647 § 4 (Exh.
A (part)), 2018)
Open SLO Program
Following Council’s approval of the Open SLO pilot program in May of 2020, the City has
successfully deployed several strategies to allow flexible use of the public right-of-way to
support social distancing and economic recovery of local businesses affected by the COVID -19
pandemic. These strategies included:
1. Temporary street closures along Higuera and Monterey Street in June and July of 2020 to
allow retailers and restaurants to expand services into the street right-of-way.
2. Installation of approximately 40 temporary parklets and roughly 15 new sidewalk dining
permits to allow restaurants to expand services into the public right-of-way.
3. Installation of a pilot street reconfiguration project on Higuera Street between Santa Rosa
and Nipomo Streets, converting one of the three auto travel lanes to a buffered bike lane
to provide additional clearance between auto traffic and parklets, reduce illegal speeding
within the downtown core, and improve access to the downtown for active transportation
modes.
4. Activation and use of Mission Plaza for public outdoor take-out dining.
5. Temporary suspension of enforcement of off-street parking requirements, allowing
businesses with private parking lots to covert outdoor parking stalls to restaurant seating
or other business-supportive activities.
6. Pop-Ups and Quick-Build Street Activation projects to leverage low-cost opportunities to
improve public safety and activate street space for community benefit, such as the
temporary reconfiguration of Monterey Street between Chorro and Morro Streets, which
included converting half the street (the eastbound direction) to outdoor restaurants space,
adding a contra-flow protected bike lane to maintain connectivity for active
transportation users, and installing a Public Art & Bicycle Plaza at the corner of
Monterey/Morro Street to activate the public space in front of the Chamber of Commerce
with street murals, landscaped planters and bicycle parking.
As part of this temporary program, the City Council approved administration of new requests for
expansion of sidewalk dining, parklets, and other outdoor business services within the public
right-of-way through flexible use of the City’s existing Sidewalk Café encroachment permit
process (established in Section 5.50 of the City Municipal Code), along with provisions for
streamlined processing of encroachment permit requests, waiving encroachment permit fees,
temporarily waiving enforcement of parking requirements associated with outdoor expansion of
retail/restaurant uses, and streamlined review of temporary architectural and aesthetic elements
of sidewalk dining and parklet areas.
The Council Resolution approving the Open SLO program (No. 11118, 2020 Series) ties the
term of the program to the Governor’s declaration of a state of emergency, the County Public
Health Officer’s declaration of a public health emergency, and the City Council’s local
emergency declaration. In turn, the May 22, 2020 Council Agenda Report presenting the Open
SLO program identified Open SLO as a one-year pilot program with a sunset of June 2021.
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The recommendation before the City Council is to grant an extension of the Open SLO
temporary pilot program through the end of 2021 or 180 days following termination of the City’s
COVID-19 emergency declaration (whichever comes later). Attachment B includes a new
resolution defining the extended term for the program, which supersedes the existing resolution
(No. 11118, 2020 Series) adopting the initial Open SLO program. This extension will allow for
the ongoing economic recovery of local businesses post-COVID and provide an opportunity for
staff to further evaluate and formulate strategies for the potential permanent adoption of certain
Open SLO strategies that may align with the City’s long-term goals for economic recovery and
community vitality (i.e. permanent parklet program). Staff plans to return to Council in summer
of 2021 to request further policy direction with specific alternatives, design guidance and staff
recommendations on the long-term potential for these strategies.
Policy Context
The proposed action is consistent with the City’s Major City Goal for economic recovery and
facilitates the City’s sub -goal for Housing Production. Further, the recommendation will help
avoid time and cost spent reviewing individual approval extension requests.
Public Engagement
This project has followed an “inform” level of public engagement. However, the City has
received specific requests for this action to help preserve the value of entitlements granted by
ensuring that they do not expire before they can be acted on.
CONCURRENCE
The Assistant City Manager for Community Services, Public Works Director, and the Economic
Development Manager concur with this recommendation.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action to extend
entitlements because the action does not constitute a “Project” under CEQA Guidelines Sec.
15378.
The proposed action to extend the Open SLO pilot program is also exempt from environmental
review pursuant to the California Environmental Quality Act (CEQA) as follows:
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.
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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.
FISCAL IMPACT
Budgeted: No Budget Year: N/A
Funding Identified: No
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund N/A
State
Federal
Fees
Other:
Total
The recommendation to extend entitlements will have no direct fiscal impact on the City. No
additional funding appropriations are requested for the Open SLO program at this time; thus, the
action to extend the Open SLO pilot program also has no direct fiscal impact on the City.
Indirect fiscal impacts of extending the Open SLO program would include potential loss of
encroachment permit fee revenues with the temporary waiver of sidewalk dining permit fees,
loss of on-street parking meter revenue due to conversion of metered parking stalls to parklets,
and costs associated with City staff resources committed to implementing the program.
However, the extension of the life of entitlements and building permit applications, as well as the
continued support for temporary expansion of restaurant operations outdoors within the public
right-of-way are expected to have a positive economic effect on the community.
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ALTERNATIVES
1. The City Council can extend discretionary approvals for a different time period. This
action is not recommended because together, the tolling of approvals and the one-year
extension, will provide a substantial increase in the life of all active entitlements. In the case
of building permit applications, six months is the longest term enabled by the California
Building Code.
2. The City Council can decide not to extend entitlements or building permit applications.
This action is not recommended because the City Council has adopted Economic Recovery
as a Major City Goal and this action is intended to be supportive of the goal.
3. The City Council can decide not to extend the Open SLO program. This action is not
recommended because the City Council has adopted Economic Recovery as a Major City
Goal and this action is intended to be supportive of the goal.
Attachments:
a - Draft Resolution (Entitlements)
b - Draft Resolution (Open SLO)
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R ______
RESOLUTION NO. _____ (2021 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, PROCLAIMING THE CONTINUING
EXISTENCE OF A LOCAL EMERGENCY REGARDING THE COVID-19
PANDEMIC AND EXTENDING THE LIFE OF DISCRETIONARY
APPROVALS, BUILDING PERMIT APPLICATIONS, AND CANNABIS
OPERATOR PERMITS TO MITIGATE ECONOMIC IMPACTS AND AID
IN ECONOMIC RECOVERY SUPERSEDING COUNCIL RESOLUTION
NO. 11131 (2020 SERIES)
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
has subsequently regularly reviewed said proclamation and proclaimed the continuation of local
emergency; and
WHEREAS, the Secretary of Health and Human Services Director issued a Determination
that a Public Health Emergency exists and has existed as 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 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 has issued subsequent orders permitting
phased re-opening and requiring continuing measures to mitigate the spread of COVID- 19; 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 heal th
agency; and
WHEREAS, the pandemic COVID-19 continues to spread worldwide and in the U.S.,
continuing to present an immediate and significant risk to public health and safety, and resulting
in serious illness or death to vulnerable populations, including the elderly and those with
underlying health conditions and is anticipated to continue to spread in response to phased re-
openings and significant heightened social interaction and group gatherings associated with recent
protest activity; and
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Resolution No. ______ (2021 Series) Page 2
R ______
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, 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 County wide health services may become overwhelmed and unable to keep
up with medical demand for care and availability of hospital or care facility capacity; 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, capital improvement project deferrals, and furloughs of temporary and supplemental
staff; 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.
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
SECTION 2. A local emergency continues to exist throughout the City resulting from the
condition of extreme peril related to the pandemic of COVID-19, which, absent continuation of
preventative measures, and in the absence of widespread vaccination, is still deemed to be beyond
the control of normal protective service, personnel, equipment, and facilities of and within the
City; and
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Resolution No. ______ (2021 Series) Page 3
R ______
SECTION 3. Due to the severe economic impacts of COVID-19 and its economic impacts
on the community and the City organization and in order to prevent situations where developers
or contractors need to restart the discretionary review process or delay construction projects with
the need to reapply for permits or request individual extensions and to focus limited staff resources
on supporting the effective implementation of COVID-19 public health and safety compliance
measures for the protection of employees and customers of businesses within the City, and
enforcement of the highest priority provisions for the protection of the general health and safety
of the community, the Council deems it necessary to take the following actions related to the
continuing existence of a local emergency and in support of economic recovery therefrom:
1. Toll the expiration of all discretionary approvals covered by Municipal Code Section
17.104.070 from the declaration of the pandemic emergency (beginning January 27,
2020).
2. Automatically extend the life of all discretionary approvals covered by Municipal Code
Section 17.104.070 by one and a half years (18 months) after the termination of the
declared local emergency.
3. Automatically extend the life of all active building permits applications by one year, as
authorized by California Building Code Section 105.3.2.
4. Extend the life of all commercial cannabis business operator permits by a fixed period
of nine months from the original expiration date. If any operator’s permit currently
issued from the existing application period is not activated and expires or is deemed
abandoned at the conclusion of the period specified herein, the City shall open a
subsequent application period for any retail storefront permits available during which
applications from any previously qualified or permitted applicant may follow the
normal process to submit a new application, along with the applications of any new
applicants.
SECTION 4. All existing orders of the San Luis Obispo County Emergency Services
Director as currently in effect and as subsequently clarified, amended, modified or superseded by
subsequent action or order of the County Emergency Services Director, the County Public Health
Officer, and/or the County Board of Supervisors, are hereby expressly acknowledged and declared
to be enforceable within the City of San Luis Obispo as if directly enacted by the City Council
pursuant to San Luis Obispo Municipal Code Chapter 2.24 and shall be enforceable under
Municipal Code 2.24.100 until such time as terminated by the issuing authority.
SECTION 5. The proclamation of local emergency shall be deemed to continue to exist
until it is terminated by the City Council of the City of San Luis Obispo pursuant to a resolution
adopted by the City Council of the City San Luis Obispo or its Emergency Services Director.
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Resolution No. ______ (2021 Series) Page 4
R ______
SECTION 6. The City has been undertaking, and will continue through cessation of this
emergency to undertake, necessary measures and incur necessary and extraordinary costs, which
are directly related to the prevention of the spread of the COVID-19 Virus and are taken in
furtherance of: the Secretary of Health and Human Services Secretary’s determination that a public
health emergency has existed since January 27, 2020; City Council’s Proclamation of Local
Emergency on March 17, 2020 and subsequent proclamations of continuing local emergency the
Governor’s Proclamation of a State of Emergency on March 4, 2020 ; the President of the United
States’ Declaration of a National Emergency on March 13, 2020; the County Emergency Services
Director’s Proclamation of Local Emergency and the County Public Health Director’s Declaration
of a Public Health Emergency on March 13, 2020, and related orders, regulations and directions.
SECTION 7. During the existence of said local emergency, the powers, functions, and
duties of the Emergency Services Director and the Emergency Organization of this City shall be
those prescribed by state law, ordinances, and resolutions of this City and by the City of San Luis
Obispo Emergency Operations Plan, notwithstanding otherwise applicable procedures, timelines
or methods of action and the Emergency Services Director is expressly authorized to take any and
all actions in furtherance of emergency powers to address the local emergency.
SECTION 8. This resolution supersedes Council Resolution No. 11131 (2020 Series),
adopted by the City Council on June 16, 2020.
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Resolution No. ______ (2021 Series) Page 5
R ______
SECTION 9. 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 _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing Resolution was approved this _____ day of _____________________ 2021.
____________________________________
Mayor Heidi Harmon
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
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R _____
RESOLUTION NO. _______ (2021 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
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Resolution No. ______ (2021 Series) Page 2
R _______
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
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Resolution No. ______ (2021 Series) Page 3
R _______
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
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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.
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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.
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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.
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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
physically 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.
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SECTION 8. This resolution supersedes Council Resolution No. 11118 (2020 Series),
adopted by the City Council on May 22, 2020, and extends the term of the OPEN SLO program
through the end of 2021 or 180 days following termination of the City’s emergency declaration,
whichever comes later.
SECTION 9. 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 ___________________, seconded by ________________, and on the
following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing Resolution was approved this ____ day of __________ 2021.
____________________________________
Mayor Heidi Harmon
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
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