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Ordinance Number 1079ORDINANCE NO. 1079 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO GRANTING THE CITY MANAGER TEMPORARY AUTHORITY TO IMPLEMENT STREAMLINED REGULATIONS THAT ASSIST RESTAURANTS AND OTHER BUSINESSES IN INSTALLING OUTDOOR DINING OR CURBSIDE/STOREFRONT PICK-UP AREAS TO MEET PHYSICAL DISTANCING REQUIREMENTS AND WAIVING ANY APPLICANT FEES ASSOCIATED WITH THE CITY'S REVIEW PROCESS; AND FINDING SUCH ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, in response to the COVID-19 pandemic and global health crisis, the President of the United States, the Governor of the State of California (the "Governor"), the County of Orange (the "County"), and the City of San Juan Capistrano (the "City"), have each proclaimed a state of emergency; and WHEREAS, on March 19, 2020, the Governor issued Executive Order N-33-20 (the "Stay -at -Home Order"), ordering all State of California (the "State") residents to shelter at home or at their place of residence, except as needed to ensure continuity of operations in essential critical infrastructure sectors and additional sectors as directed by the State Public Health Officer. Subsequently, the State Public Health Officer issued an "Essential List of Critical Infrastructure Workers," which clarifies and implements the Executive Order; and WHEREAS, to prevent the spread of COVID-19, the County Health Officer has issued orders that direct County residents, including City residents, to shelter at home, except as needed to provide or receive essential services, until rescinded; and WHEREAS, as the result of the Stay -at -Home Order and the County Health Officer's orders, businesses that serve food or beverages were prohibited from serving food or beverages onsite; and WHEREAS, on May 4, 2020, the Governor issued Executive Order N-60-20, announcing that the State would move to a "Stage 2" modification of the Stay -at -Home Order, allowing for businesses identified as having a lower risk of COVID-19 transmission to reopen in accordance with State Public Health Officer guidelines; and WHEREAS, the State Public Health Officer issued an order on May 7, 2020, pursuant to Executive Order N-60-20, relaxing her prior statewide shelter -in-place orders and allowing lower -risk businesses to reopen gradually and enter Stage 2 of the Governor's "Roadmap to Resilience" plan (the "Roadmap") while also providing a process for counties to open at an accelerated pace if they meet certain criteria and are approved by the State; and 01079 WHEREAS, the Governor, on May 18, 2020, further loosened criteria counties must satisfy to move further ahead into Stage 2 of the Roadmap and added more businesses that can reopen during Stage 2; and WHEREAS, on May 23, 2020, the California Department of Public Health approved the County of Orange for a variance from the Governor's Roadmap, to permit dine -in restaurants and retail stores to reopen in accordance with State guidelines intended to reduce virus transmission, including taking such measures as expanding outdoor seating, if a restaurant, and implementing curbside or storefront pickup/delivery, if a retailer; and WHEREAS, effective May 23, 2020, the County Health Officer issued an order that permits the dine -in restaurant industry and shopping center industry to reopen in the County as part of Stage 2 of the Roadmap if businesses comply with the State's industry - specific guidelines; and WHEREAS, State guidelines may prompt restaurants to create temporary outdoor seating areas and/or curb pickup as quickly as possible, and retail stores to create temporary curbside/storefront pickup areas or outdoor waiting areas; and WHEREAS, the San Juan Capistrano Municipal Code requires special activities permits for temporary uses on private property and encroachment permits for temporary uses in the public right-of-way, but strict compliance with the code will likely delay business reopenings; and WHEREAS, the City desires to establish a more streamlined permitting process that would allow businesses to quickly install outdoor dining or curbside/pick-up areas in a safe manner in compliance with State and County public health directives; and WHEREAS, Government Code section 8634 authorizes, during a local emergency, the City Council, or officials designated thereby, to promulgate orders and regulations necessary to provide for the protection of life and property; and WHEREAS, the City, pursuant to the police powers delegated to it by the State Constitution, has the authority to enact laws that promote the public health, safety, and general welfare of its residents; and WHEREAS, pursuant to California Government Code section 36937 the City may adopt an urgency ordinance if it is for the immediate preservation of the public peace, health or safety. NOW, THEREFORE, the City Council of the City of San Juan Capistrano does ordain as follows: Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council. 2 01079 Section 2. Prospective Ordinance. Nothing in this ordinance shall authorize a particular retail business, restaurant, winery, brewery, or bar to operate under applicable State and County orders and the City shall not issue a special temporary outdoor operations permit to a particular retail business, restaurant, winery, brewery, or bar, unless and until that restaurant, winery, brewery, or bar is authorized by the City to operate under State and County Orders. All retail businesses, restaurants, wineries, breweries, and bars authorized to reopen must be in compliance with State and County orders regarding reopening. A retail business, restaurant, winery, brewery, or bar must be able to present proof of compliance with the applicable State and County orders upon request by City staff as authorized under Section 8 herein. Section 3. Definitions. For purposes of this ordinance, the following words and phrases shall have the meanings respectively ascribed to them: "City Manager" means the City Manager, or his or her designee. "Qualifying business" means any retail business, restaurant, winery, brewery, or bar, that demonstrates it will operate in compliance with reopening protocols of the State of California and the County of Orange. "Special temporary outdoor operations permit" means a permit issued by the City and obtained by a qualifying business to operate within the City in accordance with the provisions of this ordinance. Section 4. Indoor Consumption of Food and Beverages. All restaurants, wineries, breweries, bars, and other business establishments that serve food or beverages onsite shall serve food and beverages according to the State's industry guidance for dine -in restaurants, as it may be amended from time to time. A qualifying business is required to prioritize outside seating and curbside pickup, and to reconfigure dining areas to provide for at least six feet of physical distancing. Employees must follow the County Health Officer's guidance relating to face coverings to prevent COVID-19 transmission. Qualifying businesses that offer sit-down, dine -in meals should still encourage takeout and delivery service wherever possible. Section 5. Special Temporary Outdoor Operations Permit Required. A. A restaurant, winery, brewery, or bar serving food or beverages onsite within the City shall obtain a special temporary outdoor operations permit prior to operating a temporary outdoor dining area for purpose of adhering to physical distancing requirements. B. Any restaurant, winery, brewery, or bar operating onsite and outdoors pursuant to a special temporary outdoor operations permit must comply with all reopening 01079 protocols of the State of California and the County of Orange, as they may be amended from time to time. C. Any retail business that causes customers to form a line in the public right- of-way or that serves customers at designated curbside or storefront pickup and delivery areas in the public right-of-way for the purpose of adhering to physical distancing requirements shall obtain a special temporary outdoor operations permit prior to creating a curbside or storefront pickup area or designating customer waiting areas in the public right-of-way. D. Any retail business that causes customers to form a line in the public right- of-way or that serves customers by curbside or storefront pickup and delivery pursuant to a special temporary outdoor operations permit must comply with all reopening protocols of the State of California and the County of Orange, as they may be amended from time to time. Section 6. Application for Special Temporary Outdoor Operations Permit. A. A retail business, restaurant, winery, brewery, or bar may apply for a special temporary outdoor operations permit by submitting an application to the City Manager, on a form approved by the City Manager. The application shall be accompanied by any additional information required by the City Manager. B. Any retail business, restaurant, winery, brewery, or bar applying for a special temporary outdoor operations permit may, in connection with its application for a special temporary outdoor operations permit, be exempted by the City Manager from any applicable Land Use Code requirements, including, but not limited to, parking, architectural design or signage requirements. C. The City Manager shall consider any application submitted for a special temporary outdoor operations permit. In the City Manager's discretion, the application for a special temporary outdoor operations permit may be approved or denied. The City Manager may approve an application for a special temporary outdoor operations permit only if the operation of the retail business, restaurant, winery, brewery, or bar will be in compliance with the reopening protocol of the State of California and the County of Orange, and the public health and safety of the City will not be threatened. D. If the application for a special temporary outdoor operations permit is approved, the City Manager shall issue a special temporary outdoor operations permit that will be valid for an initial 90 days. Permits may be renewed administratively in 90 - day increments as needed. The City Manager may issue a special temporary outdoor operations permit on any terms the City Manager deems necessary to ensure compliance with the reopening protocol of the State of California and the County of Orange and to protect the public health and safety of the City. E. The special temporary outdoor operations permit issued pursuant to this ordinance is nontransferable. Only the retail business, restaurant, winery, brewery, or 4 01079 bar for which the special temporary outdoor operations permit was issued shall be permitted to operate under the prescribed terms of the permit. F. An applicant for a special temporary outdoor operations permit shall not be charged application or renewal fees. G. Any provisions of the San Juan Capistrano Municipal Code that would otherwise prevent issuance of a special temporary outdoor operations permit shall be temporarily waived. H. The City Manager may revoke a special temporary outdoor operations permit issued pursuant to this ordinance at any time and for any reason. Section 7. Temporary Street, Sidewalk and Parking Closures. The City Council grants the City Manager temporary land use authority to implement the necessary rules and regulations for special temporary outdoor operations permits granted to qualifying businesses. The City Manager is authorized to implement traffic control measures on neighborhood streets and arterial roadways to include enforcement of advisory speeds, road closures, and to reduce traffic to ensure safety for residents practicing social and physical distancing. The City Manager may authorize the temporary closure of streets, alleys, sidewalks, or parking lots as necessary for qualifying businesses to operate, subject to applicable federal and state laws and regulations concerning accessibility and traffic control measures. Section 8. Enforcement. A violation of this ordinance or a special temporary outdoor operations permit constitutes an imminent threat to the public health and is hereby declared to be a public nuisance and shall be subject to the nuisance abatement procedures set forth in Chapter 12, Property Maintenance, of Title 8, Building Regulations, of the San Juan Capistrano Municipal Code. Section 9. Term. This ordinance remains in full force and effect until the Governor ends the state of emergency in response to the COVID-19 outbreak, or until this ordinance is rescinded by the City Council, whichever occurs first. Section 10. Urgency Finding. The City hereby finds, determines and declares that this ordinance is necessary to the immediate preservation of the public peace, health or safety, because there is an urgent need to slow COVID-19 transmission as much as possible to protect the most vulnerable and to prevent the health care system from being overwhelmed. Therefore, the City further finds, determines and declares that this ordinance takes effect immediately upon adoption by a four-fifths vote of City Council pursuant to the authority conferred upon it by California Government Code section 36937. 01079 Section 10. City Clerk. The City Clerk shall certify as to the adoption of this ordinance and shall cause it to be published in a newspaper of general circulation within fifteen (15) days of the adoption and shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with California Government Code Section 36933. Section 11. Severability. If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this resolution are severable. The City Council declares that it would have adopted this resolution irrespective of the invalidity of any portion thereof. Section 12. CEQA. This ordinance qualifies for a categorical exemption from the California Environmental Quality Act (CEQA) under Section 15301, Class 1 (Existing Facilities), of the CEQA Guidelines. This exemption applies to a class of projects that are considered not to have a significant effect on the environment. This includes projects that consist of the operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The proposed project consists of allowing minor site alterations to create temporary ancillary outdoor dining areas or curbside/storefront pick- up areas for existing retail businesses and restaurants. The project would not have a significant effect on the environment. The City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of Orange in accordance with CEQA Guidelines. (Continues on next page) 6 01079 PASSED, APPROVED AND ADOPTED by the City Council of San Juan Capistrano, California, at a regular meeting of the City Council held on the 2nd day of June 2020. TROY A. BOURNE, MAYOR STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS. CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 1079 that was adopted and passed at the Regular Meeting of the City Council on the 2nd day of June 2020 by the foll? ing vote, to wit: AYES COUNCIL MEMBERS: Farias, Maryott, Taylor, and Mayor Bourne NOES COUNCIL MEMBERS: None ABSEN COUNCIL MEMBERS: Reeve MARIA MORRIS, CITY CL 7 01079 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, declare as follows: That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; that in compliance with State laws, Government Code section 36933(1) of the State of California. On the 27th day of May, I caused to be posted a certified copy of Urgency Ordinance No. 1079, adopted by the City Council on June 2, 2020, entitled: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO GRANTING THE CITY MANAGER TEMPORARY AUTHORITY TO IMPLEMENT STREAMLINED REGULATIONS THAT ASSIST RESTAURANTS AND OTHER BUSINESSES IN INSTALLING OUTDOOR DINING OR CURBSIDE/STOREFRONT PICK-UP AREAS TO MEET PHYSICAL DISTANCING REQUIREMENTS AND WAIVING ANY APPLICANT FEES ASSOCIATED WITH THE CITY'S REVIEW PROCESS; ANP� FINDING SUCH ACTION EXEMPT FROM THE CALIFORNIA Fig fRONMENTAL QUALITY ACT This 7b nt was posted in the Office of the City Clerk 1 MARA-iI ORR , CITY L K San Juan Capistrano, Caltfo is 01079