HomeMy WebLinkAboutR-11264 aligning and continuing Council Emergency Declarations and ActionsR 11264
RESOLUTION NO. 11264 (2021 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, CONSOLIDATING AND ALIGNING PRIOR
COUNCIL EMERGENCY ACTIONS WITH RECENTLY REVISED STATE
ORDERS, AND CONTINUING CERTAIN PRIOR ACTIONS TO SUPPORT
CONTINUED PROTECTIONS FOR PUBLIC HEALTH, SAFETY AND
WELFARE, AS WELL AS ECONOMIC RECOVERY
WHEREAS, on March 4, 2020, the Governor proclaimed a State of
Emergency to exist in California as a result of the threat of COVID-19; and
WHEREAS, on March 17, 2020, the City Council adopted Resolution 11099
proclaiming a local emergency and has thereafter affirmed and continued its
proclamation of local emergency to extend through the duration of the declared S tate
and/or County proclamations of emergency; and
WHEREAS, since March 2020, the State of California and both the City and
County of San Luis Obispo have taken a series of actions to reduce the spread, and
mitigate the impacts, of COVID-19, limiting harm and loss of life in our community;
and
WHEREAS, as a result of the effective actions taken, as well as the
successful and ongoing distribution of COVID-19 vaccines, California is turning a
corner in its fight against COVID-19 and cases and hospitalization rates in San Luis
Obispo are continuing a relatively low trend at present; and
WHEREAS, on June 11, 2021, the Governor of the State of California issued
Executive Order N-07-21, which formally rescinded the Stay-at-Home Order
(Executive Order N-33-20, issued on March 19, 2020), as well as the framework for
a gradual, risk-based reopening of the economy (Executive Order N -60-20, issued
on May 4, 2020); and
WHEREAS, in light of the current state of the COVID-19 pandemic in
California, the State has rolled back certain provisions of the Governor’s COVID-
19-related Executive Orders; and
WHEREAS, certain provisions of those COVID-19 related Executive Orders
have been deemed to remain necessary to continue to help California respond to,
recover from, and mitigate the impacts of the COVID-19 pandemic, and the City
intends to align and act in accordance with those continuing COVID-19 related
Executive Orders to the extent applicable to the City’s operations in order to
maintain clarity and consistency for the public; and
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WHEREAS, the City has, through its emergency and general police powers ,
implemented various programs to support the safe conduct of business and leisure
activities in the City and to facilitate the economic recovery of the community and its
residents from the impacts of COVID-19;
WHEREAS, the City Council finds that COVID-19 presents a continuing threat
to the health and economic wellbeing of the residents of San Luis Obispo because
the Country, State, City and County have not yet reached optimal vaccination rates
to fully protect against community spread of COVID-19, variants are emerging in the
State and the likelihood of spread remains a concern as we enter the Fall and Winter
months; and the City Council further finds that continuation of certain of those
programs enacted pursuant to its emergency authority remain important to advance
the health, safety and welfare of San Luis Obispo, mitigate the continuing risks and
effects of the COVID-19 pandemic, and support economic recovery.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
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. There is a continuing emergency related to the pandemic COVID-19
as declared by the Governor of the State of California via Executive Order N-08-21 and
the City Council finds that a concurrent local emergency continues to exist in the City
resulting from continuing low level case and hospitalization rates related to the pandemic
of COVID- 19, and vaccination rates that are not at levels to achieve “herd immunity” to
protect against the peril of increased spread related to emerging variants and the potential
for a seasonal spike in the Fall and Winter, which, absent continuation of preventative
measures, and in the absence of widespread vaccination, is still deemed to present an
imminent threat beyond the control of normal protective service, personnel, equipment,
and facilities of and within the City; and
SECTION 3. Partial termination of Safety Enhancement Zone. The Citywide
Safety Enhancement Zone previously declared pursuant to Resolution 11106 (2020
Series) for all Municipal Code violations specified in Section 9.22.020B is hereby
terminated and the penalty for such violations shall be as otherwise provided by the
Municipal Code and related Administrative Guidelines; except that violations of any State
or County Public Health or other State or County Order or directive related to the COVID-
19 emergency, whether now existing or subsequently adopted, shall remain subject to
immediate penalties not to exceed $1,000 for the duration of the declared emergency, as
expressly set forth by ordinance in Section 9.22.020B of the Municipal Code, and nothing
herein shall be interpreted to suspend or otherwise affect enforcement or penalties
consistent therewith.
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SECTION 4. Cannabis Business Operator Permit Extensions. Due to the
severe economic impacts of COVID-19 and its impacts on scheduling, inspection and
construction of projects in the City, and in order to prevent situations where cannabis
operators must restart the discretionary review process and further delay the opening of
previously approved businesses due to the need to reapply for permits or request
individual extensions, and to prevent unnecessary distraction of staff focus and resources
away from continued support of COVID-19 recovery and continued public health and
safety compliance measures to prevent the resurgence of COVID-19 within the City, the
Council deems it in the best interest of public health and safety to suspend enforcement
of Section 9.10.070 D of the Municipal Code and reaffirm and continue certain prior
actions taken related to the continuing existence of a local emergency and economic
recovery as set forth in Resolution 11231 (2020 Series), as follows:
A. Extend the life of all currently issued commercial cannabis business operator
permits by a fixed period of twelve months from the original expiration date. If
any operator’ s permit currently issued is not activated and expires or is
deemed abandoned at the conclusion of the extension period specified herein,
the City shall open a subsequent application period for any retail storefront
permits made available as the result of the expiration or abandonment, during
which any previously permitted applicant may follow the established process to
submit a new application, which shall be evaluated at the same time and in
accordance with the same process for the applications of any new applicants
who may submit applications during the open application period.
SECTION 5. Continuation of OPEN SLO Pilot Program. In order to support the
continued safe re-opening of restaurants and other businesses in a manner that will
facilitate ongoing outdoor alternatives while vaccination efforts continue, variants emerge
and fall and winter approach, presenting an increased risk of resurgence of COVID-19
spread, the City Council hereby directs and authorizes the City Manager to continue the
OPEN SLO program at least until the termination of the proclamation of local emergency
and for such additional period of time, not to exceed one year from the termination of the
proclamation of local emergency, as is necessary to accomplish a safe of orderly
transition to preexisting regulations and/or the implementation of revised long term
programs to support emergency resiliency and economic recovery. Temporary programs
expressly authorized herein 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.
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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 (meaning 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. Temporary use of private and public parking lots for expansion of commercial
uses. The City Manager is authorized to suspend current off-street parking in
order to permit selected spaces in private parking lots to 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 fo r ‘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 bo x
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.
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:
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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 f or
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. Any
program recommended for implementation that includes permanent or long-
term use of public property shall include an appropriate fee schedule related to
the use for recommendation for Council approval.
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, Festoon Lighting and Street Furniture)
Community Development Director may allow great flexibility with respect to the
design and appearance of outdoor furniture , barriers and Festoon Lighting,
consistent with standards for the protection of public health and safety and
subject to the approval of the City Engineer and/or Building Official.
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
5.50.060.A: Revocation or Suspension of Permit
For the duration of the temporary program, 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.
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17.70.100.F.1: Lighting and Night Sky Preservation Exemptions
Low-intensity outdoor or festoon 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 and/or Building Official.
C. Upon recommendation by the Community Development Director, the City
Manager may authorize suspension of enforcement of certain regulations as
set forth below to facilitate the operation of the temporary program, solely for
the duration of the temporary program:
1. Sign Regulations
a. Sections 15.40.200 (Exempt Signs), subsections H (Temporary Window
Signs) and
b. L (Temporary Signs in Non-Residential zones).
c. Section 15.40.470 (Sign Standards by Sign Type), subsection I. [A -
Frame (Sandwich Board) Signs].
d. For the time period specified above, any permitting requirements for the
types of
e. Signs specified in this Resolution, as set forth in Section 15.40.500 of
the Sign Regulations herein also may be suspended.
D. Parking Regulations (as to uses and activities on private properties only)
a. Section 17.72.020 A (Requirements by Type of Use)
b. Section 17.72.020 C (Parking Calculations), as applied to existing uses
only, and only to expressly exclude any temporary use of space on
private property for safe outdoor use purposes during the period of
suspension from parking calculations requirements for the property.
E. 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.
F. 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 s afety
codes adopted thereunder, including but not limited to:
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1. Permits otherwise required for electrical, plumbing, or structural work
performed within the City.
2. 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.
G. 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.
H. 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 6. Extension of discretionary approvals and building permit
applications. Due to the severe economic impacts of COVID-19 and its impacts on
scheduling, inspection and construction of pro jects in the City, and in order to prevent
situations where developers or contractors need to restart the discretionary review
process or delay previously approved construction projects due to the need to reapply for
permits or request individual extensions, and to prevent unnecessary distraction of staff
focus and resources away from continued support of COVID-19 recovery and continued
public health and safety compliance measures to prevent the resurgence of COVID-19
within the City, the Council finds it in the best interest of public health and safety and
hereby reaffirms and continues certain prior actions taken related to the continuing
existence of a local emergency and economic recovery as set forth in Resolution 11232
(2021 Series), as follows:
A. 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) until the termination of local emergency
proclamations.
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B. Automatically extend the life of all discretionary approvals existing as of the
date of the termination of the local emergency and covered by Municipal Code
Section 17.104.070 by an additional one and a half years (18 months) after the
termination of the declared local emergency.
C. Automatically extend the life of all active building permit applications by one
year, as authorized by California Building Code Section 105.3.2.
SECTION 7. Continued Suspension of Safe Parking Requirements
Expansion. A Pursuant to the City’s authority under California Constitution Article XI,
Section 7 to make and enforce within its limits all local, police, sanitary, and other
ordinances and regulations necessary for the protection of the City; the City of San Luis
Obispo Charter; and Chapter 2.24 of the San Luis Obispo Municipal Code, the City
Council hereby directs the extension of emergency measures as follows to support and
facilitate the expansion of safe parking facilities for unhoused persons in order to minimize
exposure to the elements and risks of transmission of COVID-19 and protect the public
health, safety, welfare and economic security of the citizens of San Luis Obispo:
A. Requirements Suspended. Any and all provisions of the San Luis Obispo
Municipal Code, Chapter 17.86, and any and all provisions of any other
currently applicable code provision or use permit, entitlement or contract issued
to any current homeless or supportive services provider permitted by or
contracted with the City of San Luis Obispo , are hereby suspended to the
extent that such provisions would otherwise limit or prevent the expansion by
such party of safe parking facilities within the City, until 180 days following the
end of the declared City, County and State emergency declarations, or such
other time as may be determined by order of the Emergency Services Director
or City Council, subject to the requirements and restrictions set forth herein
B. Requirements for the temporary expansion of the 40 Prado Road Safe
Parking Program (City Conditional Use Permit #USE-0413-2014).
1. The Community Development Director is hereby authorized, upon written
request, to administratively allow for the temporary expansion of the existing
permitted operation for Safe Parking located at 40 Prado Road at that
location or at any other location authorized by the City Manager within the
City of San Luis Obispo if the Community Development Director determines
that the expansion is consistent with the purpose and intent of San Luis
Obispo Municipal Code Section 17.86.230.
2. If the operators of Safe Parking at 40 Prado Road wish to maintain the
establishment or expansion of a Safe Parking location after the period
authorized by this Resolution, any such operator shall submit the
appropriate Planning Application to the Community Development
Department for processing in accordance with otherwise applicable city
regulations for issuance of a use permit or modification to an existing permit.
Any limitations or new conditions of approval that result from the review
process shall be implemented following approval of the permit modification.
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C. Requirements for the establishment of new Safe Parking locations.
1. The Community Development Director is hereby authorized to immediately
allow for the establishment and operation of new Safe Parking locations by
the City and/or third party non-profit partner, upon submittal of a complete
Planning Application for a Conditional Use Permit demonstrating
compliance with the performance standards required by SLOMC Section
17.86.230.E.I as may be required to normally establish Safe Parking at the
proposed location.
2. The Community Development Department will process the new application
through the normal course of review for the permit application submitted.
Upon approval of the Safe Parking permit, all conditions of approval shall
be applied to the use. If a Conditional Use Permit is not approved within 120
days of the date of the application, then the Safe Parking use shall cease.
D. Operations in violation. In the event that the Safe Parking site is operated in
violation of any requirement established for the temporary operation and such
violation is not remedied as directed by the City, the Community Development
Director may notify the operator in writing that the temporary operation
authorization is terminated; and, upon receipt of said notice, the operator shall
terminate operations and return the site to its original condition within 10 days
of receipt of said notice.
SECTION 8. Financial Management Authority. The authority granted to the City
Manager by Resolution No. 11117 (2020 Series) to use FY 2018-19 Unassigned Fund
Balance above required reserve levels is hereby ended and practices shall be conducted
in accordance with generally applicable financial policies upon adoption of the Resolution.
SECTION 9. All existing orders of the State Public Health Officer, the Governor,
the San Luis Obispo County Emergency Services Director, Public Health Officer, and the
County Board of Supervisors as currently in effect and as subsequently clarified,
amended, modified or superseded by subsequent action of any of those parties 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 any such order(s) is terminated by the issuing authority.
SECTION 10. The City’s 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 but shall continue at least until such time as the State
proclamation of emergency is terminated by the Governor.
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SECTION 11. 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’ determination that a public health emergency has existed since January 27,
2020; the Governor’s Proclamation of a State of Emergency for the State of California on
March 4, 2020; the President of the United States’ Declaration of a National Emergency
on March 13, 2020; the County of San Luis Obispo 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 ; the City Council’s Proclamation of Local
Emergency on March 17, 2020 and subsequent proclamations of continuing local
emergency and related orders, regulations and directives of each of those parties.
SECTION 12. 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 13. This resolution supersedes all prior Council Emergency Resolutions
and Emergency Services Proclamations related to the COVID -19 pandemic adopted by
the City Council between March 16, 2021, and the date of this resolution.
SECTION 14. Environmental Review. As a result of the COVID-19 public health
emergency, the City of San Luis Obispo proposes to continue a temporary program to
use the right-of-way, sidewalks, and streets to help create continued opportunities for
social distancing during the first few phases (stages) of reopening consistent with the
State’s Resilience Roadmap. The actions proposed were initiated and are proposed to
continue under the City’s emergency and general police powers to provide for residents
the health and wellness benefits of being outdoors and to support businesses and
customers with enough space to safely physically distance as the State and County move
toward optimal vaccination rates, monitor the emergence of variants, and monitor
transmission rates into the Fall and Winter months. The proposed project is exempt from
environmental review pursuant to the California Environmental Quality Act 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 and support continued
progression through the pandemic consistent with the State’s Resilience
Roadmap and County and State Guidelines in order to mitigate the COVID -19
public health emergency and the potential for resurgence.
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
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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 15. A copy of this Resolution shall be posted in the kiosk outside of City
Hall of the City of San Luis Obispo and on the outside doors of the City Clerk’s office, 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 Vice Mayor Stewart, seconded by Council Member Marx, and on
the following roll call vote:
AYES: Council Member Christianson, Marx, Pease, Vice Mayor Stewart,
and Mayor Harmon
NOES: None
ABSENT: None
The foregoing resolution was adopted this 6th day of July 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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