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HomeMy WebLinkAboutReso 75-20.TUP.BEP.program.revisionsRESOLUTION NO. 75-20 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA RESCINDING RESOLUTION 48-20 AND APPROVING REVISIONS TO THE CITY'S BLANKET ENCROACHMENT PERMIT PROGRAM AND TEMPORARY USE PERMIT PROGRAM FOR OUTDOOR DINING/SALES TO INCLUDE OTHER OUTDOOR USES TO FACILITATE ECONOMIC RECOVERY IN SUPPORT OF LOCAL BUSINESSES RELATED TO COVID-19 ECONOMIC IMPACTS THE CITY COUNCIL City of Morro Bay, California 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 regarding measures to mitigate the spread of COVID-19 within the State of California, the San Luis Obispo Public Health Director has proclaimed a public health emergency; and WHEREAS, on March 19, 2020 the San Luis Obispo County Emergency Services Director issued a 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 March 14, 2020 the Morro Bay Director of Emergency Services (Le. the City Manager) proclaimed a declaration of the existence of a local emergency within the City of Morro Bay due to threat posed to the City from COVID-19, and WHEREAS, on March 19, 2020, the Morro Bay City Council proclaimed and affirmed the existence of a local emergency, and confirmed and ratified the proclamation of the Director of the existence of a local emergency in response to COVID-19, and WHEREAS, The Governor has issued Orders requiring the closure of indoor business operation for several business sectors: and WHEREAS, on May 2, 2020, the Governor issued Executive Order N-60-20, directing all residents of California to continue to obey State public health directives; and WHEREAS, the pandemic COVID-19 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 devasting economic impacts on the local community, including residents, businesses, employees and City operations; and City Council Resolution 75-20 Page 2 WHEREAS, the City has instituted its fiscal emergency plan in order to mitigate against economic impacts of emergency response costs and significant revenue reductions and has made drastic reduction to current and projected city cost through limits on hiring, layoff of both temporary and full time employees, and freeze on travel and reductions in purchasing; and WHEREAS, due to the sever economic impacts of COVID-19 and its economic impacts o n the community and the City organization, the Council deems is necessary to implement temporary measures 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, 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 programs, which will include the development and implementation of a plan to use the right- of -way, sidewalks, streets and other outdoor areas 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, pick- up/delivery areas, and businesses that are required to close indoor operations. 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; and WHEREAS, the 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 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 n othing herein is intended to nor shall be deemed to create open gathering places or public forums u nrelated to the intended business support and recovery purpose; and 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 RESOLVED by the City Council of the City of Morro Bay, California, as follows: S ection 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 the public health and economic impacts. S ection 2. City of Morro Bay Blanket Encroachment Permit Program. In order to support re -opening of restaurants and other businesses in accordance with State Executive Order N-60-20, the City Council hereby directs and authorizes the Public Works City Council Resolution 75-20 Page 3 Director and Community Development Director to implement the revised and expanded Blanket Encroachment Permit program as identified in Exhibit A of the Resolution. Section 3. City of Morro Bay Temporary Use Permit Program for Outdoor Dining/Sales and Other Commercial Uses. In order to support economic recovery for re -opening of restaurants and other businesses in accordance with State Executive Order N-60-20, the City Council hereby directs and authorizes the Community Development Director to implement a Temporary Use Permit (TUP) program for establishment of temporary outdoor commercial uses on private property within the City of Morro Bay The TUP program will be administered consistent with the revised TUP program requirements attached as Exhibit B to this Resolution. Section 4. California Environmental Quality Act (CEQA) Finding As a result of the COVID-19 public health emergency, the City of Morro Bay 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 use, and minor alteration of existing public facilities, including existing streets, and sidewalks, and other public space, which would not result in the creation of permanent improvements, and the temporary use of existing private property without installation of permanent improvements. The programs would result in a negligible expansion of existing commercial uses and a negligible expansion of the public's use of City right of way, parks and public spaces, as the uses included in the programs would not vary from the current uses of commercial businesses, residential areas, or public access within the City' s public spaces. // City Council Resolution 75-20 Page 4 Section 5. Continuing Enforcement of Conditions or Activities Posing a Threat to Public Health, Safety or Welfare; Continued Enforcement of Building Permit Requirements and Encroachments into the Public Right of way. Nothing herein is intended to, or shall be deemed to, relieve any person from the obligation to obtain, or prohibit the exercise of code enforcement for failure to obtain, any permits that would otherwise be required under state law, Morro Bay Municipal Code, or building and safety codes. Furthermore, 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. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the llth day of August 2020 by the following vote. AYES' Headding, Addis, Davis, Heller NOES. None ABSENT: McPherson ABSTAIN: None JOHN HEADDING, Mayor ATTEST NA SWANSON, City Clerk EXHIBIT A GUIDELINES FOR BLANKET ENCROACHMENT PERMIT ISSUANCE FOR LIMITED USE OF THE PUBLIC RIGHT OF WAY, SIDEWALKS AND OTHER PUBLIC PROPERTY WITHIN THE CITY Permitted Items The following items/uses are allowed on public rights -of -way and other public property subject to the requirements herein: 1. Tables and chairs 2. Benches 3. Planters 4. Retail sales Items 5. Trash receptacles 6. Outdoor fitness programs 7. Other outdoor uses deemed acceptable by the Public Works Director Fee There is no fee associated with the Blanket Encroachment Permit Process Site Plan and Indemnification Required Prior to Placement of Items 1. A site plan shall be prepared prior to locating any items or establishing any use on public sidewalks or within a public right of way, or other public space. The plan shall be submitted to the Public Works Department for review and approval. The site plan shall include the following: a. Dimensions of the building frontage b. Locate and dimension all items to be placed as part of the permit c. The location of all existing frontage improvement, including any existing planters, utility poles, planter areas bike racks fire hydrants, benches trash receptacles and existing chairs and tables located along the building frontage of the applicants business and adjacent businesses. d. Location of all doorways, and driveways e. Location of any outdoor use area 2. The applicant shall enter into an agreement with the City to indemnify, defend and hold harmless the City of Morro Bay, and its officers, agents and employees. The applicant shall also be required to obtain liability insurance, naming the City as additional insured in the following amounts $1,000,000 per occurrence and $2,000,000 in aggregate. The form of this agreement shall, as reasonably determined by the City, meet the City's need to provide for full indemnification to the City for the authorized activity. General Location Criteria (applies to all permits) 1. Minimum 4-foot wide, unobstructed aisle shall be maintained along sidewalks at all times. 2. Nothing shall be placed that will block access to or interfere with entering and existing any business. 3. Nothing shall be placed that will interfere with parked vehicles or access to parked vehicles 4. No outdoor use shall be conducted in a manner that blocks access to public parks or other public spaces Planter Location Criteria 1. Planters may be placed either against the front of the building or at, or near the curb Tables and Chairs 1. May be placed only adjacent to the building or along the right of way edge 2. Placement of tables and chairs may extend beyond the width of the building frontage for the applicant business with written authorization of the adjoining business/property owner 3. Permitted items placed in the right of way shall be clearly visible to pedestrians at all times including after dark. If permitted items are difficult to see after dark they shall be removed at or before dusk each night. 4. Shall be placed to provide a minimum of 6 feet of separation to maintain social distancing for as long as the required by State, County, or City Order related to COVID- 19. 5. Businesses placing tables and chairs in the right of way shall also provide outdoor trash receptacles. Retail Sale Items 1. May be placed only adjacent to the building 2. Permitted retail merchandise placed in the right of way shall be clearly visible to pedestrians and shall be removed from the right of way at the close of business each day. Outdoor Uses 1. Outdoor fitness classes and other uses may be allowed in public parks, public parking lots or other public places subject to obtaining a blanket encroachment permit Benches 1. May be placed against the building frontage, adjacent to tree wells or at or near the curb and may not exceed eight feet in length 2. If multiple benches are placed, they must be a minimum of six feet apart from other benches and other tables and chairs General Use Criteria 1. Businesses placing benches, tables and/or chairs may designate them for customer use only. 2. Permitted items remaining in the right of way after dark shall be readily visible to pedestrians. General Maintenance Criteria 1. Any permitted item placed in the public right of way shall be maintained for appearance and safety. 2. The owner, or other responsible party in charge of the business shall ensure prompt removal of all debris, refuse or trash. 3. Planters shall be maintained with live plants at all times. Dead or dying plants shall be removed and replaced as necessary to maintain an attractive appearance 4. Furniture to be used by the general public shall be maintained for safety at all times. Exhibit B Temporary Use Permit Program for Establishment of Outdoor Sales, Dining and Other Uses on Private Property General Requirement The TUP program will be administered consistent with the following requirements: 1. All permits issued under this program shall comply with Section 17.30.050 of the Morro Bay Municipal Code (Temporary Use Permits). 2. To encourage temporary use of private outdoor spaces for dining, retail sales or other commercial uses. All associated off street parking requirements shall be temporarily waived for the effective period of the permit. 3. Applicant shall be authorized to utilize up to 50% of existing parking lot space for outdoor seating, sales or other commercial uses, with all associated parking requirements waived for the effective period of the permit. 4. TUP's shall be valid for an initial period of 6-months with the ability for the Community Development Director to extend the TUP for an additional 6-months upon application by the applicant 5. The $292 administrative TUP fee is waived for the TUP program S ite Plan Requirements S ite Plan (may be hand -drawn or a satellite image with information overlaid) 1. Clear dimensioned site plan showing north arrow and scale 2. Label all street names and abutting streets on site plan 3. Identify areas for the temporary use, such as patios, entryways, sidewalks, parking lots, etc Locations and dimensions of all: 1. Outdoor dining tables that comply with 6-foot social distancing requirements, 2. Outdoor sales/use areas, 3. Pedestrian walkways (maintaining a minimum of 4' of sidewalk access), 4. Vehicle entry and exit paths, etc. 5. Distance from existing structures 6. ADA parking areas or access paths cannot be blocked by temporary outdoor uses Other Required Information 1. Written narrative of business operation and proposed concept for social distancing 2. Plan for collection and disposal of all trash and recycling generated from business o perations. Businesses placing tables and chairs outside shall be required to provide o utdoor trash receptacles. Disposal shall not be in public trash or public recycle facilities. 3. Proposed signage, including size of each sign, proposed location, and method of attachment or display. 4. City of Morro Bay business license. 5. The applicant shall enter into an agreement with the City to indemnify, defend and hold harmless the City of Morro Bay, and its officers agents and employees. 1