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HomeMy WebLinkAboutEXECUTIVE ORDER 2021-01 2020 0607CITY OF MOORPARK EXECUTIVE ORDER NO. 2021-01 AN EXECUTIVE ORDER OF THE DIRECTOR OF DISASTER SERVICES OF THE CITY OF MOORPARK TO EXTEND THE DURATION OF ZONING CLEARANCES ISSUED TO RESTAURANTS FOR OUTDOOR DINING AND TO SUSPEND CONFLICTING PROVISIONS OF THE MOORPARK ZONING ORDINANCE WHEREAS, international, national, state, and local health and governmental authorities continue to respond 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 May 28, 2020, the City Manager executed Executive Order No. 2020-05, which authorized the Community Development Director 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 restaurants 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 is already located; and WHEREAS, Executive Orders 2020-05 stated that the zoning clearances for outdoor dining service shall automatically expire six months after their issuance or when the Ventura County Public Health Officer's social distancing requirements allow the subject restaurant or other business to provide indoor service at full capacity, whichever occurs sooner; and WHEREAS, ten restaurants in the City applied for and received zoning clearance permits to place tables, chairs and other items adjacent to their parking lots, sidewalk, and the public right-of-way; and l 2853-0075\254122 l v3.doc Executive Order No. 2021-01 Page 2 WHEREAS, effective April 7, 2021, Ventura County entered the Orange Tier of the State's Blueprint for a Safer Economy, which allowed restaurants to reopen at 50 percent of their maximum capacity or 200 people, whichever is fewer, and with only members of the same family sharing a table; and WHEREAS, in some cases the zoning clearances for temporary outdoor services have expired or are nearing their six-month expiration date, although social distancing requirements within Ventura County do not currently permit indoor dining service at full capacity; and WHEREAS, on June 15, 2021, the State of California is expected to fully reopen and all capacity and distancing restrictions relating to COVID-19 will be lifted for most businesses and activities, including restaurant dining service; and WHEREAS, the City is encouraged by the region's progress in controlling the COVID-19 pandemic, but recognizes that the spread of COVID-19 will continue as a public health risk beyond the State's June 15th reopening date; and WHEREAS, the City understands that some residents and visitors, whether vaccinated against COVID-19 or not, may desire to have the option to dine outdoors in order to maintain better social distancing and limit indoor exposure with other persons; and WHEREAS, in order to help facilitate business recovery and provide an option for outdoor dining service for those who do not yet feel comfortable dining indoors, the City desires to extend through December 31, 2021, the zoning clearances for restaurants that want to continue offering outdoor dining service on sidewalks, parking lots, and other outdoor areas adjacent to their restaurants in accordance with Executive Order No. 2020- 05; 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. Extension of Zoning Clearances for Outdoor Dining. Paragraph xiv of Subsection A of Section 2 of Executive Order No. 2020-05 is hereby amended to read as follows: Executive Order No. 2021-01 Page 3 "xiv. The zoning clearance shall automatically expire on December 31, 2021. A zoning clearance issued prior to the adoption of Executive Order No. 2021-01 shall be extended through December 31, 2021. The expiration date of all zoning clearances may be modified by the City Council as part of a zoning ordinance to implement permanent outdoor dining regulations." 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, i,.vhichever 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. SECTION 2. 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. Businesses in receipt of a zoning clearance pursuant to Executive Order No. 2020-05 shall abide by all other applicable laws and regulations of the City and other State and local regulatory agencies, including the Department of Alcoholic Beverage Control. SECTION 3. Term. This Executive Order No. 2021-01 shall remain in effect until the local emergency declared in response to COVID-19 within the City is concluded. The 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. SECTION 4. Effective Date. This Executive Order shall be effective immediately as of the date set forth below. SECTION 5. Conflict of Laws. Except as specifically amended herein, the remaining provisions of Executive Order No. 2020-05 shall remain in full force and effect. In the event of a conflict between this Executive Order and Executive Order No. 2020-05, the provisions of this Executive Order shall prevail. SECTION 6. 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.