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Home My WebLink AboutCC Res 7051 2020-07-16RESOLUTION 7051 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE 11th SUPPLEMENT TO THE EMERGENCY ORDER ISSUED BY THE DIRECTOR OF EMERGENCY SERVICES TO PERMIT THE TEMPORARY USE OF SPECIFIED PUBLIC STREET AREAS FOR OUTDOOR BUSINESS USES DURING THE LOCAL EMERGENCY CAUSED BY THE COVID-19 PANDEMIC WHEREAS, Seal Beach Municipal Code Section 3.25.020 empowers the City Manager as the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when said city is affected or likely affected by a public calamity and the City Council is not in session, and WHEREAS, on March 13, 2020 the City Manager/Emergency Services Director of the City of Seal Beach proclaimed a local emergency to help the City and the region prepare for and respond to the public health crisis created by the spread of the COVID- 19 virus; and WHEREAS, on March 13, 2020, the President of the United States also declared a national emergency, joining the State of California and the County of Orange in making resources available to fight the spread of the virus and imposing or suggesting certain restrictions; and WHEREAS, on March 16, 2020 the President requested that people avoid non- essential travel and congregating in groups of 10 or more, among other precautions; and WHEREAS, Governor Newsom has "paused" the State's allowance for businesses to be open in response to rapidly rising counts of new COVID-19 cases across the State and called for local jurisdictions to immediately take steps necessary to reduce unsafe public gatherings; and WHEREAS, it is important that the City find ways to assist local restaurants and businesses to continue operations safely and in compliance with health orders; and WHEREAS, it is essential that all persons practice social distancing, wear face coverings when outside their homes, and maintain good hygiene practices; and WHEREAS, as indoor restaurant service is currently prohibited, sidewalks and street parking areas adjacent to restaurants offer a relatively safe space to provide dining service sand such outdoor spaces are currently at reduced capacity due to the COVID-19 pandemic and stay-at-home orders; and WHEREAS, this supplement to the Proclamation of Local Emergency is necessary to protect public health, safety, life and property in the City and assist Seal Beach businesses. NOW, THEREFORE, the Seal Beach City Council does hereby resolve and proclaim as follows: 1. The Community Development Director or their designee is hereby authorized to approve temporary permits for restaurants or similar establishments engaged primarily in the retail sale of prepared food for on-site or off-site consumption so as to allow a restaurant to provide temporary and limited outdoor dining service within the parking lot, on -street parking areas, sidewalks, and/or other appropriate outdoor space located immediately adjacent to the building in which the restaurant or similar establishment is already located. Tables, chairs, mandatory public health signage, and other equipment reasonably necessary to conduct outdoor dining service may be placed on such parking areas and sidewalks and in such areas as are specified in the site plan submitted by the business and approved by the Director. 2. The Community Development Director or their designee is hereby authorized to approve temporary permits for other, non -restaurant local businesses that are prohibited from conducting indoor services to provide temporary and limited outdoor services within the parking lot, on -street parking areas, sidewalks, and/or other appropriate outdoor space located in close proximity to the building in which the business is already located or, as deemed appropriate by the Director in their sole discretion, on other public property such as the beach, in a park, or on the greenbelt. 3. No business shall operate in the outdoor areas specified in this section without obtaining a permit from the Director and complying with all the conditions listed in this Resolution, and in the permit. 4. The Community Development Director or their shall issue a temporary permit for outdoor business that complies with the following minimum standards and conditions: a. The business shall be conducted in strict compliance with all state and local health orders, laws, and requirements. It shall be the sole obligation of the business to remain informed of, and comply with, the requirements of such orders continuously. b. Outdoor seating or service shall be spaced in a matter that ensures compliance with applicable social distancing requirements adopted by the Orange County Public Health Officer. C. All tables, chairs, planters, fencing, barricades or other temporary outdoor fixtures in the locations shown on the proposed site plan will be kept well-maintained, orderly, clean, and free of trash and debris at all times. All such items placed by the business shall be removed when the business is closed, or at times otherwise required by the permit. d. The City shall not be responsible for any damage or loss of the permittee's property. e. All existing and required accessible parking spaces, loading zones, and paths of travel shall be maintained free and available for use, as required by the 2019 California Building Code Division and administered by the City Building Official. A clear pedestrian walkway of no less than 48 inches wide shall remain available except, if an unreasonable hardship exists, the Building Official may reduce such required width to no less than 36 inches. f. Outdoor dining or business fixtures located in existing parking or driving areas shall be fenced or barricaded in a manner to ensure the safety to all persons using or entering such areas. Such devices shall be placed at the discretion of the Director of Public Works, shall not be moved by the permittee, and may include highly visible, sturdy or heavy materials such a concrete or water filled "k rails", bollards or heavy planters to separate vehicular and pedestrian traffic. g. Outdoor entertainment shall not be permitted without the express authorization of the Director. h. At all times when the restaurant is open for business, the sale/service of beer, wine, and liquor is provided only in conjunction with the sale/service of food, and only if permitted by the business' ABC license and in compliance with any conditions thereof. i. Smoking or vaping shall not be permitted in any area subject to the permit. The permittee shall provide visible no smoking or vaping signs. j. The Police Chief or Community Development Director shall have the authority to revoke the permit in their reasonable discretion if the outdoor business poses a threat to public health or safety. k. All exterior areas of the site, including parking areas and sidewalks, shall have adequate lighting if nighttime operation is proposed. I. The permittee shall agree to provide policies of insurance and indemnification agreements that are approved by the City Attorney. M. The permittee shall execute an acceptance of conditions form and shall waive the right to challenge any of the conditions of the permit. n. The permit shall automatically expire 15 days following the decision of City Council to conclude the temporary use of public street areas for outdoor business uses. o. Decisions of the Director may be appealed to the Planning Commission, as provided in the Seal Beach Municipal Code. 5. Suspension of Conflicting Provisions of Municipal Code and General Plan. All provisions of the Seal Beach Municipal Code and General Plan that would preclude a business from providing outdoor service in accordance with a duly issued permit pursuant to this Resolution are hereby suspended for the period of time that such permit remains in effect. 6. Fee for Outdoor Business Permit. In furtherance of the public purpose associated with promoting social distancing, the fee for a permit that authorizes outdoor business pursuant to this Supplemental Order is hereby waived. 7. Any violation of this or other Orders shall be punishable as a violation of Seal Beach Municipal Code Section 3.25.030 and other applicable laws. The Police Chief and Marine Safety Chief shall take such steps as they deem necessary to enforce this order. 8. The City will continue to monitor COVID-19 disease spread, State and CDC recommendations, and the impact of the required measures, and as needed, may revisit, extend, expand, or otherwise modify this Order to protect the public's health and safety. 9. The City Council hereby approves Budget Amendment BA 21-01-01 to allocate $35,000 in account number 001-031-44001 for the Temporary Outdoor Dining Program on Main Street: Description Account Adopted Budget Proposed Budget Budget Amendment Special Expense 001-031-44001 $140,000 $175,000 $35,000 PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a Special meeting held on the July 16, 2020 by the following vote: AYES: Council Members S�tstar ic, Kalmick, Mance Mas-,aj,avitt NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members 1-1 Gloria D. Har9r, r, City Clerk ■ 3rsic, Mayor APPROVED AS TO FORM- Cfiad A. 87teele, City Attorney STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7051 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a special meeting held on the 16th day of July, 2020. VW1 Gloria D. Harper, City Clerk