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HomeMy WebLinkAboutRES CC 2021 4012 2021 0616RESOLUTION NO. 2021-4012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, RATIFYING AND CONFIRMING EXECUTIVE ORDER NO. 2021-01 OF THE DIRECTOR OF DISASTER SERVICES TO EXTEND THE DURATION OF ZONING CLEARANCES ISSUED TO RESTAURANTS FOR OUTDOOR DINING 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, on June 3, 2020, the City Council ratified Executive Order No. 2020-05; and WHEREAS, Executive Order No. 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 Resolution No. 2021-4012 Page 2 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 WHEREAS, in some cases the zoning clearances for temporary outdoor services have expired or are nearing their six-month expiration date; and WHEREAS, as of June 15, 2021, the State of California plans to be fully reopened and capacity and distancing restrictions relating to COVID-19 are anticipated to be lifted for most businesses and activities, including restaurant dining service; and WHEREAS, the City Council 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 reopening process; and WHEREAS, the City Council 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 Council 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; and WHEREAS, for the reasons set forth above, the City Council desires to ratify and confirm Executive Order No. 2021-01 in order to extend the zoning clearances for outdoor dining through December 31, 2021, or such earlier time determined by the City Council should it adopt a regular zoning ordinance to codify regulations applicable to outdoor dining. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY ORDER AS FOLLOWS: SECTION 1. Ratification. The City Council hereby ratifies and confirms Executive Order No. 2021-01 in the form executed by the Director of Disaster Services on June 7, 2021, attached hereto as Exhibit A. Resolution No. 2021-4012 Page 3 SECTION 2. Severability. The City Council 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 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 3. Publication . The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED and ADOPTED this 16th day of June , 2021. ~u~ Jice S. Parv in, Mayor ATTEST: Resolution No. 2021-4012 Page4 EXHIBIT A CITY 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, Execl!tive 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 I 2853-0075\254122 l v3.doc Resolution No. 2021-4012 Page 5 Executive Order No. 2021-01 Page2 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: Resolution No. 2021-4012 Page 6 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 ~oalth Officer's social distancing requirements allow the subjeot restaurant to provide indoor seating at full eapacity, whichever oeeurs sooner. The Community Development Direetor, in her reasonable diseretion, may determine that a zoning eloaranco has expired because indoor seating may be allowed at full capaoity. 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. Resolution N o. 2 021-4012 Page 7 Executive Order No. 2021-01 Page4 SECTION 7 . PublicaUon . The City C lerk sha ll certify to the approva l o f thi s Exe cutive Ord er ancl shall cause noti ce of it to be d issemi nated t o the publi c and be g i ve n w idespread p LJb li cily and notice. APPROVE D and ISSUE D this 7th day of June, 202 1. ATTEST: Ky Spffifu~-------- Troy -Bro n, City Manager Director of Disaster Services Resolution No . 2021-4012 Page 8 STATE OF CALIFORNIA COUNTY OF VENTURA CITY OF MOORPARK ) ) ) ss. I , Ky Spangler, City Clerk of the City of Moorpark, California , do hereby certify under penalty of perjury that the foregoing Resolution No. 2021-4012 was adopted by the City Coun cil of the City of Moorpark at a regular meeting held on the 16th day of June , 2021 , and that the same was adopted by the following vote : AYES : NOES: ABSENT: ABSTAIN : Councilmembers Castro , Groff, Pollock , and Mayor Parvin None Councilmember Enegren None WITNESS my hand and the official seal of said City this 16th day of June, 2021. KySpa~ (seal)