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HomeMy WebLinkAboutAGENDA REPORT 2020 0603 REG CCSA ITEM 09CCITY OF MOORPARK, 
CALIFORNIA City Council Meeting of June 03, 2020 ACTION Adopted Resolution No. 2020- 3912, as amended. (Roll Call Vote: Unanimous). BY B.Garza. C. Consider Resolution Confirming Executive Order No. 2020-05, an Order of the Director of Disaster Services Authorizing Restaurants to Conduct Outdoor Dining With Issuance of a Zoning Clearance. Staff Recommendation: Adopt Resolution No. 2020-3912. (ROLL CALL VOTE REQUIRED) (Staff: Troy Brown) Item: 9.C. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Troy Brown, City Manager BY: PJ Gagajena, Assistant City Manager DATE: 06/03/2020 Regular Meeting SUBJECT: Consider Resolution Confirming Executive Order No. 2020-05, an Order of the Director of Disaster Services Authorizing Restaurants to Conduct Outdoor Dining With Issuance of a Zoning Clearance BACKGROUND A local emergency was proclaimed by the City Council on March 18, 2020, caused by the Coronavirus (COVID-19) pandemic. The proclamation of a local emergency authorizes the undertaking of extraordinary police powers, provides limited immunity for emergency actions of public employees and governing bodies, authorizes the issuance of orders and regulations to protect life and property (i.e., curfews), and activates pre-established local emergency provisions such as special purchasing and contracting. Following the declaration of the emergency the City Manager, serving as the Director of Disaster Services for the City swiftly took additional steps to provide for the health, safety, and property of residents in the midst of the COVID-19 pandemic. These steps included an emergency declaration preventing evictions in commercial and residential units; an emergency declaration cancelling City Council and board and commission meetings and closing parks and recreation facilities; an emergency declaration to suspend delivery hour restrictions set forth for food establishments; and an emergency declaration authorizing acceptance of credit card transactions over the phone. These actions are required to be ratified by the City Council. DISCUSSION On March 4, 2020, Governor Newson declared an emergency in the State of California to protect the health and safety of Californians from the rapid spread of the COVID-19 virus. On March 12, 2020, the County of Ventura Health Officer, Dr. Robert Levin, issued a Declaration of Local Health Emergency which proclaimed that a COVID-19 health emergency existed in the County of Ventura. Item: 9.C. 155 Honorable City Council 06/03/2020 Regular Meeting Page 2 On March 13, 2020, the City Manager, serving in his capacity of Director of Disaster Services signed Resolution No. 2020-3895 proclaiming the existence of a local emergency due to COVID-19, under authority of Government Code Section 8630 and Chapter 2.48 of the Moorpark Municipal Code (MMC). On March 19, 2020, Governor Newsom issued Executive Order N-33-20 ordering all California residents to stay at their place of residence except as needed to maintain continuity of operation of critical infrastructure sectors. On March 20, 2020, the Ventura County Health Officer issued a Stay Well At Home Order to ensure that the maximum number residents stay in their places of residence to the maximum extent feasible, while enabling essential service to continue to slow the spread of COVID-19 to the maximum extent possible. On May 4, 2020, Governor Newsom issued Executive Order N-60-20 declaring that the State would soon be moving to allow lower-risk businesses and spaces to reopen under Stage Two of his plan to reopen the State in four phases, known as the Roadmap to Reopening. Consistent with the early stage 2 of the State’s Roadmap to Reopening, on May 8, 2020, Ventura County announced that curb-side retail, manufacturing, and logistics businesses could reopen when following social distancing practices. All businesses authorized to reopen were required to complete risk assessments and implement worksite-specific COVID-19 prevention plans, among other public health measures. On May 20 and May 22, 2020, Dr. Levin amended the Safely Reopening Ventura County order, in line with the Governor’s order, to remove restrictions placed on restaurants that had previously limited their operation to pick-up and delivery service, and allow restaurants to open for dine-in service. To remain in compliance, restaurants must establish, implement, and enforce site-specific COVID-19 prevention plans, as well as register with the County Public Health Department and attest to their ability to reopen. Restaurants that are authorized to reopen must also comply with social distancing requirements outlined in the Safely Reopening Ventura County order, which include maintaining at least a six-foot physical distance from other persons. In order to help facilitate business recovery and make dine-in service economically feasible while practicing mandatory social distancing requirements, it was determined that restaurants may need to utilize outdoor dining spaces to spread out tables and seating arrangements on sidewalks and/or adjacent parking lots or outdoor spaces. Restaurants and in-store dining establishments have their occupancies limited due to regulations set forth by the Governor and Health Officer of Ventura County to create social distancing within their establishments. These limitations are set forth in the protocols that must be implemented as part of their attestation to reopen under the current health orders. Under Chapter 2.48 of the MMC, the Director of Disaster Services may “make and issue rules and regulations on matters reasonably related to the protection of life and property 156 Honorable City Council 06/03/2020 Regular Meeting Page 3 as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the city council.” This order would authorize the Community Development Director or designee to approve zoning clearances and waive the fee 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 outdoor dining service within the parking lot, sidewalk, and/or other outdoor space located immediately adjacent to the building in which the restaurant or similar establishment is already located. Permitting restaurants to provide outdoor dining service will offer a higher capacity of customers to dine in while remaining in compliance with social distancing protocols. Ratification of Executive Order 2020-05 by the City Council is required. Approval of this order temporarily suspends all provisions of the Moorpark Zoning Ordinance that would preclude a restaurant from providing outdoor dining service in accordance with a duly issued zoning clearance for the period of time that such zoning clearance remains in effect. FISCAL IMPACT The fiscal impact is unknown at this time in waiving the $110.00 fee associated with issuing a zoning clearance for temporary outdoor dining. The foregone revenue depends on the duration of the emergency declaration and number of businesses that apply. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION Adopt Resolution No. 2020-____ Attachment: Draft Resolution No. 2020-____ 157 RESOLUTION NO. 2020-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK RATIFYING THE DIRECTOR OF DISASTER SERVICES’ EXECUTIVE ORDER NO. 2020-05 AUTHORIZING RESTAURANTS TO CONDUCT OUTDOOR DINING WITH ISSUANCE OF A ZONING CLEARANCE AND TO SUSPEND CONFLICTING PROVISIONS OF THE MOORPARK ZONING ORDINANCE WHEREAS, international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and WHEREAS, on March 4, 2020, the Governor of the State of California initially declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19; and WHEREAS, on March 12, 2020, Robert Levin, M.D., the Ventura County Health Officer, declared a local health emergency within the County of Ventura due to COVID- 19; and WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and WHEREAS, also on March 13, 2020, the City Manager of the City of Moorpark, acting as its Director of Disaster Services, proclaimed a local emergency within the City of Moorpark on account of the COVID-19 pandemic; and WHEREAS, on March 16, 2020, the California Department of Public Health issued COVID-19 public health guidance related to self-isolation for older adults and those who have elevated risks, to further strengthen measures to address the state of emergency caused by the COVID-19 pandemic; and WHEREAS, on March 17, 2020, Dr. Levin issued a “stay well at home” order to close many types of businesses, including bars and nightclubs that do not serve food, movie theatres, live performance venues, bowling alleys, arcades, gyms, fitness centers, aquatic centers, wineries, breweries, and tap rooms through April 1, 2020, which was subsequently extended to April 19, 2020 by subsequent order issued on March 31, 2020; and WHEREAS, on March 18, 2020, the City Council of Moorpark adopted a resolution to ratify the Director of Disaster Services’ Proclamation of a local emergency within the City of Moorpark; and ATTACHMENT 158 Resolution No. 2020-____ Page 2 WHEREAS, on March 19, 2020, the California Department of Alcoholic Beverage Control (ABC) suspended enforcement of specific legal prohibitions to assist California’s alcoholic beverage industry during the COVID-19 pandemic and released a Notice of Regulatory Relief to help licensees with economic challenges brought on by the spread of the virus; and WHEREAS, on March 20, 2020, the Dr. Levin issued a “Stay Well at Home” order requiring that all persons currently living within Ventura County to stay at their residences and to the extent persons are outside of their places of residency to, at all times as reasonably possible maintain a physical distance of at least six feet from one another. On April 20, 2020, Dr. Levin amended and extended the County’s Stay Well at Home order until May 15, 2020; and WHEREAS, on May 4, 2020, the Governor issued Executive Order N-60-20 declaring that the State would soon be moving to allow lower-risk businesses and spaces to reopen under Stage Two of his plan to reopen the State in four phases, known as the Roadmap to Reopening; and WHEREAS, Executive Order N-60-20 directs the State Public Health Officer to establish criteria for local health officers to establish and implement public health measures that are less restrictive than measures taken on a statewide basis and to certify such measures; and WHEREAS, on May 7, 2020, Dr. Levin adopted a new local public health order entitled “Safely Reopening Ventura County” to address the unique needs of Ventura County in response to COVID-19. The Safely Reopening Ventura County order repealed and replaced the April 20 Stay Well At Home order and is currently scheduled to expire on May 31, 2020; and WHEREAS, consistent with the early stage 2 of the State’s Roadmap to Reopening, on May 8, 2020, Ventura County announced that curb-side retail, manufacturing, and logistics businesses could reopen when following social distancing practices. Thereafter, on May 13, 2020, all childcare services, office-based businesses, select outdoor services such as car washes, outdoor museums, and open gallery spaces and other public spaces were permitted to reopen. All businesses authorized to reopen are required to complete risk assessments and implement worksite-specific COVID-19 prevention plans, among other public health measures; and WHEREAS, on May 15, 2020, ABC released the Fourth Notice of Regulatory Relief allowing for relaxing the ABC regulation for serving alcoholic beverages on outdoor dining areas associated with an existing restaurant; and 159 Resolution No. 2020-____ Page 3 WHEREAS, on May 19, 2020, Dr. Levin submitted an attestation form to the State Department of Public Health certifying that Ventura County is ready to prevent the spread of COVID-19 and is therefore capable of moving through Stage 2 of the Roadmap to Reopening; and WHEREAS, on May 20 and May 22, 2020, Dr. Levin further amended the Safely Reopening Ventura County order to remove restrictions placed on restaurants that had previously limited their operation to pick-up and delivery service. This means that restaurants may now open for dine-in service, provided that such restaurants establish, implement, and enforce site-specific COVID-19 prevention plans, as well as register with the County Public Health Department and attest to their ability to reopen. Restaurants that are authorized to reopen must comply with social distancing requirements outlined in the Safely Reopening Ventura County order, which include maintaining at least a six-foot physical distance from other persons; and WHEREAS, the City of Moorpark desires to help facilitate business recovery and in order to make dine-in service economically feasible while practicing mandatory social distancing requirements, restaurants may need to utilize additional space to spread out tables and seating arrangements; and WHEREAS, sidewalks and parking lots adjacent to restaurants offer a relatively safe space to provide dine-in service and such outdoor spaces are currently at reduced capacity due to the COVID-19 pandemic and stay-at-home orders; and WHEREAS, pursuant to Government Code Section 8634 and Moorpark Municipal Code Section 2.48.060 (C)(1), the Moorpark Director of Disaster Services has the authority to make and issue rules and regulations intended to address the COVID-19 emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Moorpark that Executive Order No. 2020-05 Authorizing Restaurants to Conduct Outdoor Dining with Issuance of a Zoning Clearance and to Suspend Conflicting Provisions of the Moorpark Zoning Ordinance as issued by the Director of Disaster Services, is hereby ratified and confirmed pursuant to Moorpark Municipal Code Section 2.48.060 and Government Code Section 8634. BE IT FURTHER RESOLVED THAT THE MOORPARK CITY COUNCIL DOES HEREBY ORDER AS FOLLOWS: SECTION 1. Outdoor Dining Permitted Upon Issuance of Zoning Clearance. The Community Development Director or her designee is hereby authorized to approve zoning clearances 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 outdoor dining service within the parking lot, sidewalk, and/or other 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 160 Resolution No. 2020-____ Page 4 on such parking lots and sidewalks and in such areas as are specified in the site plan approved under the zoning clearance. SECTION 2. Direction to the Community Development Director. A. In accordance with Moorpark Municipal Code Section 17.44.030 and this Resolution, the Community Development Director or her designee shall issue a zoning clearance for outdoor dining service that complies with the following minimum standards and conditions: i. The outdoor seating is spaced in a matter that ensures compliance with applicable social distancing requirements adopted by the Ventura County Public Health Officer. ii. 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. iii. 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 is available, except where an unreasonable hardship exists, than the Building Official may reduce such required width to no less than 36 inches. iv. Outdoor dining fixtures located in existing parking or driving areas are fenced or barricaded in a manner to ensure the safety to all persons using or entering such areas. Such devices 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. v. The application does not apply to outdoor entertainment. vi. 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. vii. The applicant complies with Chapter 8.32 of the Moorpark Municipal Code, Prohibiting Smoking in Public Places, at all times and shall provide signs consistent with Section 8.32.040 of the Moorpark Municipal Code. viii. If alcohol will be served, outdoor fencing complies with the requirements of the ABC. ix. The Police Chief and Community Development Director have the authority to revoke the zoning clearance in their reasonable discretion if the outdoor dining service poses a threat to public health or safety. 161 Resolution No. 2020-____ Page 5 x. All exterior areas of the site, including parking lot and sidewalks, have adequate lighting if nighttime dining is proposed. xi. The outdoor dining service complies with all Ventura County Environmental Health regulations. xii. The applicant obtains an encroachment from the Public Works Department prior to any use of the sidewalk or other public right-of-way. xiii. The applicant agrees to comply with the City’s standard indemnity requirement for land use entitlements. xiv. The zoning clearance shall automatically expire six months after its issuance or when the Ventura County Public Health Officer’s social distancing requirements allow the subject restaurant to provide indoor seating at full capacity, whichever occurs sooner. The Community Development Director, in her reasonable discretion, may determine that a zoning clearance has expired because indoor seating may be allowed at full capacity. B. The Community Development Director is hereby directed to expeditiously process applications for zoning clearances that authorize outdoor dining. SECTION 3. Suspension of Conflicting Provisions of Zoning Ordinance. All provisions of the Moorpark Zoning Ordinance that would preclude a restaurant from providing outdoor dining service in accordance with a duly issued zoning clearance are hereby suspended for the period of time that such zoning clearance remains in effect. Suspended provisions include the minimum number of off-street parking spaces required under Moorpark Municipal Code Section 17.32.020 and the maximum period of time that outdoor service may be provided under Moorpark Municipal Code Section 17.28.130. SECTION 4. Fee for Outdoor Dining Zoning Clearance. In furtherance of the public purpose associated with promoting social distancing, the permit fee for a zoning clearance that authorizes outdoor dining pursuant to this Resolution is hereby waived. SECTION 5. Violations. A violation of this Resolution shall be punishable as set forth in Government Code Section 8665 and Chapter 1.10 of the Moorpark Municipal Code. SECTION 6. Term. This Resolution shall remain in effect until the local emergency declared in response to COVID-19 within the City is concluded. This Resolution may also be extended or superseded during the period of local emergency by a duly enacted resolution or ordinance of the City Council or by a further Executive Order by the Director of Disaster Services. 162 Resolution No. 2020-____ Page 6 SECTION 7. Effective Date. This Resolution shall be effective immediately as of the date set forth below. SECTION 8. Severability. The City Council of the City of Moorpark declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution for any reason be held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have adopted this Resolution and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 9. Publication. The City Clerk shall certify to the adoption of this resolution, shall cause a certified resolution to be filed in the book of resolutions, and shall certify to the approval of this Executive Order and shall cause notice of it to be disseminated to the public and be given widespread publicity and notice. PASSED AND ADOPTED this 3rd day of June, 2020. _____________________________________ Janice S. Parvin, Mayor ATTEST: ________________________________ Ky Spangler, City Clerk Exhibit A: Executive Order 2020-05 163 Resolution No. 2020-____ Page 7 EXHIBIT A CITY OF MOORPARK EXECUTIVE ORDER NO. 2020-05 AN EXECUTIVE ORDER OF THE DIRECTOR OF DISASTER SERVICES OF THE CITY OF MOORPARK TO AUTHORIZE RESTAURANTS TO CONDUCT OUTDOOR DINING WITH ISSUANCE OF A ZONING CLEARANCE AND TO SUSPEND CONFLICTING PROVISIONS OF THE MOORPARK ZONING ORDINANCE WHEREAS, international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “coronavirus disease 2019,” abbreviated COVID-19; and WHEREAS, on March 4, 2020, the Governor of the State of California initially declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19; and WHEREAS, on March 12, 2020, Dr. Robert Levin, M.D., the Ventura County Public Health Officer, initially declared a local health emergency within the County of Ventura due to COVID-19; and WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and WHEREAS, also on March 13, 2020, the City Manager of the City of Moorpark, acting as its Director of Disaster Services, proclaimed a local emergency within the City of Moorpark on account of the COVID-19 pandemic; and WHEREAS, on March 16, 2020, the California Department of Public Health issued COVID-19 public health guidance related to self-isolation for older adults and those who have elevated risks, to further strengthen measures to address the state of emergency caused by the COVID-19 pandemic; and WHEREAS, on March 17, 2020, Dr. Levin issued a public health order to close many types of businesses, including bars and nightclubs that do not serve food, movie theatres, live performance venues, bowling alleys, arcades, gyms, fitness centers, aquatic centers, wineries, breweries, and tap rooms; and WHEREAS, on March 18, 2020, the City Council of Moorpark adopted a resolution to ratify the Director of Disaster Services’ proclamation of a local emergency within the City of Moorpark; and 164 Resolution No. 2020-____ Page 8 WHEREAS, on March 19, 2020, the California Department of Alcoholic Beverage Control (ABC) suspended enforcement of specific legal prohibitions to assist California’s alcoholic beverage industry during the COVID-19 pandemic and released a Notice of Regulatory Relief to help licensees with economic challenges brought on by the spread of the virus; and WHEREAS, on March 20, 2020, the Dr. Levin issued a “Stay Well at Home” order requiring that all persons currently living within Ventura County to stay at their residences and to the extent persons are outside of their places of residency to, at all times as reasonably possible maintain a physical distance of at least six feet from one another. On April 20, 2020, Dr. Levin amended and extended the County’s Stay Well at Home order until May 15, 2020; and WHEREAS, on May 4, 2020, the Governor issued Executive Order N-60-20 declaring that the State would soon be moving to allow lower-risk businesses and spaces to reopen under Stage Two of his plan to reopen the State in four phases, known as the Roadmap to Reopening; and WHEREAS, Executive Order N-60-20 directs the State Public Health Officer to establish criteria for local health officers to establish and implement public health measures that are less restrictive than measures taken on a statewide basis and to certify such measures; and WHEREAS, on May 7, 2020, Dr. Levin adopted a new local public health order entitled “Safely Reopening Ventura County” to address the unique needs of Ventura County in response to COVID-19. The Safely Reopening Ventura County order repealed and replaced the April 20 Stay Well At Home order and is currently scheduled to expire on May 31, 2020; and WHEREAS, consistent with the early stage 2 of the State’s Roadmap to Reopening, on May 8, 2020, Ventura County announced that curb-side retail, manufacturing, and logistics businesses could reopen when following social distancing practices. Thereafter, on May 13, 2020, all childcare services, office-based businesses, select outdoor services such as car washes, outdoor museums, and open gallery spaces and other public spaces were permitted to reopen. All businesses authorized to reopen are required to complete risk assessments and implement worksite-specific COVID-19 prevention plans, among other public health measures; and WHEREAS, on May 15, 2020, ABC released the Fourth Notice of Regulatory Relief allowing for relaxing the ABC regulation for serving alcoholic beverages on outdoor dining areas associated with an existing restaurant; and 165 Resolution No. 2020-____ Page 9 WHEREAS, on May 19, 2020, Dr. Levin submitted an attestation form to the State Department of Public Health certifying that Ventura County is ready to prevent the spread of COVID-19 and is therefore capable of moving through Stage 2 of the Roadmap to Reopening; and WHEREAS, on May 20 and May 22, 2020, Dr. Levin further amended the Safely Reopening Ventura County order to remove restrictions placed on restaurants that had previously limited their operation to pick-up and delivery service. This means that restaurants may now open for dine-in service, provided that such restaurants establish, implement, and enforce site-specific COVID-19 prevention plans, as well as register with the County Public Health Department and attest to their ability to reopen. Restaurants that are authorized to reopen must comply with social distancing requirements outlined in the Safely Reopening Ventura County order, which include maintaining at least a six-foot physical distance from other persons; and WHEREAS, the City of Moorpark desires to help facilitate business recovery and in order to make dine-in service economically feasible while practicing mandatory social distancing requirements, restaurants may need to utilize additional space to spread out tables and seating arrangements; and WHEREAS, sidewalks and parking lots adjacent to restaurants offer a relatively safe space to provide dine-in service and such outdoor spaces are currently at reduced capacity due to the COVID-19 pandemic and stay-at-home orders; and WHEREAS, pursuant to Government Code Section 8634 and Moorpark Municipal Code Section 2.48.060 (C)(1), the Moorpark Director of Disaster Services has the authority to make and issue rules and regulations intended to address the COVID- 19 emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council. NOW, THEREFORE, THE DIRECTOR OF DISASTER SERVICES OF THE CITY OF MOORPARK DOES HEREBY ORDER AS FOLLOWS: SECTION 1. Outdoor Dining Permitted Upon Issuance of Zoning Clearance. The Community Development Director or her designee is hereby authorized to approve zoning clearances 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 outdoor dining service within the parking lot, sidewalk, and/or other 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 lots and sidewalks and in such areas as are specified in the site plan approved under the zoning clearance. 166 Resolution No. 2020-____ Page 10 SECTION 2. Direction to the Community Development Director. A. In accordance with Moorpark Municipal Code Section 17.44.030 and this Executive Order, the Community Development Director or her designee shall issue a zoning clearance for outdoor dining service that complies with the following minimum standards and conditions: i. The outdoor seating is spaced in a matter that ensures compliance with applicable social distancing requirements adopted by the Ventura County Public Health Officer. ii. 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. iii. 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 is available, except where an unreasonable hardship exists, than the Building Official may reduce such required width to no less than 36 inches. iv. Outdoor dining fixtures located in existing parking or driving areas are fenced or barricaded in a manner to ensure the safety to all persons using or entering such areas. Such devices 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. v. The application does not apply to outdoor entertainment. vi. 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. vii. The applicant complies with Chapter 8.32 of the Moorpark Municipal Code, Prohibiting Smoking in Public Places, at all times and shall provide signs consistent with Section 8.32.040 of the Moorpark Municipal Code. viii. If alcohol will be served, outdoor fencing complies with the requirements of the ABC. ix. The Police Chief and Community Development Director have the authority to revoke the zoning clearance in their reasonable discretion if the outdoor dining service poses a threat to public health or safety. 167 Resolution No. 2020-____ Page 11 x. All exterior areas of the site, including parking lot and sidewalks, have adequate lighting if nighttime dining is proposed. xi. The outdoor dining service complies with all Ventura County Environmental Health regulations. xii. The applicant obtains an encroachment from the Public Works Department prior to any use of the sidewalk or other public right-of-way. xiii. The applicant agrees to comply with the City’s standard indemnity requirement for land use entitlements. xiv. The zoning clearance shall automatically expire six months after its issuance or when the Ventura County Public Health Officer’s social distancing requirements allow the subject restaurant to provide indoor seating at full capacity, whichever occurs sooner. The Community Development Director, in her reasonable discretion, may determine that a zoning clearance has expired because indoor seating may be allowed at full capacity. B. The Community Development Director is hereby directed to expeditiously process applications for zoning clearances that authorize outdoor dining. SECTION 3. Suspension of Conflicting Provisions of Zoning Ordinance. All provisions of the Moorpark Zoning Ordinance that would preclude a restaurant from providing outdoor dining service in accordance with a duly issued zoning clearance are hereby suspended for the period of time that such zoning clearance remains in effect. Suspended provisions include the minimum number of off-street parking spaces required under Moorpark Municipal Code Section 17.32.020 and the maximum period of time that outdoor service may be provided under Moorpark Municipal Code Section 17.28.130. SECTION 4. Fee for Outdoor Dining Zoning Clearance. In furtherance of the public purpose associated with promoting social distancing, the permit fee for a zoning clearance that authorizes outdoor dining pursuant to this Executive Order is hereby waived. SECTION 5. Violations. A violation of this Executive Order shall be punishable as set forth in Government Code Section 8665 and Chapter 1.10 of the Moorpark Municipal Code. SECTION 6. Term. This Executive Order shall remain in effect until the local emergency declared in response to COVID-19 within the City is concluded. This Executive Order may also be extended or superseded during the period of local emergency by a duly enacted resolution or ordinance of the City Council or by a further Executive Order by the Director of Disaster Services. 168 Resolution No. 2020-____ Page 12 SECTION 7. Effective Date. This Executive Order shall be effective immediately as of the date set forth below. SECTION 8. Severability. The Director of Disaster Services declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Executive Order for any reason be held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Executive Order. The Director of Disaster Services hereby declares that he would have adopted this Executive Order and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 9. Publication. The City Clerk shall certify to the approval of this Executive Order and shall cause notice of it to be disseminated to the public and be given widespread publicity and notice. APPROVED and ISSUED this 28th day of May, 2020. Director of Disaster Services ATTEST: Ky S�&� 169