HomeMy WebLinkAboutResolution 2020-056P"
RESOLUTION NO. 2020-056
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, RATIFYING THE CITY MANAGER'S,
ACTING IN HER CAPACITY AS THE CITY'S DIRECTOR OF
EMERGENCY SERVICES, ENACTMENT OF TEMPORARY PERMIT
FEE REDUCTIONS AND FLEXIBLE PARKING REQUIREMENTS FOR
RESTAURANTS AND BARS IMPLEMENTING OUTSIDE FOOD AND
BEVERAGE SERVICE IN ORDER TO COMPLY WITH COVID-19
SAFE REOPENING REQUIREMENTS
WHEREAS, in December 2019, an outbreak of respiratory illness due to a novel
coronavirus (a disease now known as COVID-19) was first identified in Wuhan City, Hubie
Province, China, which has since become a worldwide pandemic, impacting more than 100
countries, including the United States; and
WHEREAS, the federal Centers for Disease Control and Prevention activated its
Emergency Response System to provide ongoing support for the response to COVID-19 across
the country; the California Department of Public Health activated its Medical and Health
Coordination Center, and the Office of Emergency Services activated the State Operations Center
n to provide support and guide actions to preserve public health; and
WHEREAS, the Governor of the State of California proclaimed a State of Emergency for
the State of California and issued Executive Orders directing measures to mitigate the spread of
cases of COVID-19 within the State of California; the San Luis Obispo County Emergency
Services Director proclaimed a local emergency; and the San Luis Obispo County Public Health
Director declared a public health emergency related to the spread of cases of COVID-19 within
the State of California; and
WHEREAS, on March 17, 2020 the City Council of the City of Atascadero proclaimed a
local emergency, finding that the actual existence of conditions of extreme peril to the safety of
persons and property had arisen within the City, caused by the effects of COVID-19; and
WHEREAS, the COVID-19 pandemic continues to present an imminent threat to public
health worldwide and in the U.S., 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
I and City operations; and
WHEREAS, in order to comply with State of California and County of San Luis Obispo
safe reopening requirements and in order to help ensure the safety of their dining patrons, a number
City of Atascadero
Resolution No. 2020-056
Page 2 of 4
of local restaurants hope and plan to implement exterior dining options to allow for maximum ^
seating and dining capacity while maintaining safe -distancing between patrons; and I I
WHEREAS, due to the severe economic impacts of COVID-19 and its economic impacts
on the community and the City, it is necessary to implement temporary measures that include
waiving parking requirements for implementation of the Temporary Use Permit program to
support social distancing requirements, related to rapidly transitional business re -opening status,
and economic viability of businesses in adhering to opening and social distancing requirements;
and
WHEREAS, these temporary measures are intended to provide economic relief to
Atascadero's dining businesses that are experiencing economic uncertainty while complying with
State and County Orders; and
WHEREAS, these programs are 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 activities for businesses and their 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 forums unrelated to the intended
business support and recovery purpose; and n
WHEREAS, time is of the essence to quickly implement a program to allow for safe
physical distancing consistent with State and County Guidelines in order to address both public
health and economic impacts of COVID-19, and shall be subject to administrative modification by
the City, as may be necessary in response to emerging issues or concerns of public, health, safety
or convenience; and
WHEREAS, the City Manager, acting in the capacity of the Director of Emergency
Services, in order to support the immediate and safe reopening of restaurants and other businesses
in accordance with State and County guidelines related to the COVID-19 pandemic, did sign an
order on July 1, 2020 to temporarily reduce permit fees and temporarily reduce parking
requirements for bars and restaurants implementing outdoor food and beverage services.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero:
SECTION 1. An immediate and temporary reduction of Temporary Encroachment
Permits for the purpose of the implementation of restaurant exterior dining space availability; and
directs and authorizes the Public Works Director and Community Development Director to
implement streamlined and no- or low- cost Temporary Use Permit (TUP) program in the four n
Levels as detailed herein, for establishment of temporary outdoor sales and dining areas in the City
of Atascadero.
City of Atascadero
Resolution No. 2020-056
Page 3 of 4
Fees will be waived in full for any business that applies for an Outdoor Dining Permit prior to the
establishment of an outdoor dining area. Businesses that fail to apply for an Outdoor Dining
Permit prior to the establishment of an outdoor dining area will be subject to the reduced fees in
the chart below entitled, "Proposed Fee Without Permit".
Outdoor Dining Permit under COVID-19
Proposed Fee
Level
Description
Original Fee
Proposed Fee
Without
With Permit
Permit
Level 1
Temporary encroachment permit for day use only
$ 133
$ -
$ 50
Temporary encroachment permit on private
Level 2
$ 210
$ -
$ so
property
Temporary encroachment permit in City Right -of -
Level 3
$ 343
$
$ 50
Way, no construction
Temporary encroachment permit in City Right -of -
Level 4
1 $ 646
$
$ 100
Way, with construction
Temporary encroachment permit_for day use only includes areas where the business puts chairs
and tables out during daytime hours, and removes them during the overnight hours. -
Temporary encroachment permit on private property includes areas where tpe business puts
chairs and tables on private property during the day and overnight. _
I I Temporary encroachment permit in City Right -of -Way, "no construction,' inclu&s afez}'s where
I III the business puts chairs and tables in the City's right-of-way during the A-6_-anct overnight. This
would not include areas where any railings or construction or ABC delineation occurs.
Temporary encroachment permit in City Right -of -Way, with construction includes areas where
the business puts chairs and tables in the City's right-of-way and includes construction of some
kind, including ABC barriers or delineation.
This temporary TUP program will be administered consistent with existing TUP Code
enforcement for failure to obtain any permits that would otherwise be required under state law,
City of Atascadero Municipal Code, or building and safety codes.
Nothing herein is intended to, or shall, allow the erection or placement of any permanent or
temporary structure or improvement, on public or private property in violation or any state or
federal accessibility law, including American With Disabilities Act, or prohibit or suspend code
enforcement action deemed necessary by the Community Development Director, the Public
Works Director or any authorized enforcement official of the City, to remedy or abate any
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 of federal accessibility law; or, any
^ unauthorized activity on private property or in the public right of way.
This temporary fee reduction will be subsidized; and will be valid for 12 months after issuance.
City of Atascadero
Resolution No. 2020-056
Page 4 of 4
SECTION 2. At the discretion of the Community Development Director, parking
requirements may be temporarily reduced in order to accommodate the installation of temporary
outdoor food and beverage service within parking areas. The temporary reduction of parking
requirements shall be valid only through July 1, 2021.
PASSED AND ADOPTED at a regular meeting of the City Council held on the 14th day
of July, 2020.
On motion by Council Member Newsom and seconded by Council Member Fonzi, the
foregoing Resolution is hereby adopted on the following roll call vote:
AYES:
Council Members Bourbeau, Fonzi, Funk, Newsom and Mayor Moreno
NOES:
None
ABSENT:
None
ABSTAIN:
None
^ CITY, OFATASCADER
J'- Heat�Moreno, Mayor
ATTST: -
Lar K!C sfensei-. City Clerk 1 1
APPROVED 6 -FORM:
1
Brian A. Pierik, City Attorney
n