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HomeMy WebLinkAboutAGENDA REPORT 2021 0616 CCSA REG ITEM 09BCITY OF MOORPARK, 
CALIFORNIA City Council Meeting of June 16, 2021 ACTION ADOPTED RESOLUTION NO. 2021-4012. (VOICE VOTE: 4-0, COUNCILMEMBER ENEGREN RECUSED). BY B. Garza B. Consider Resolution Ratifying and Confirming Executive Order 2021-01 of the Director of Disaster Services to Extend the Duration of Zoning Clearances Issued to Restaurants for Outdoor Dining. Staff Recommendation: Adopt Resolution No. 2021-4012. (Staff: Doug Spondello) Item: 9.B. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Troy Brown, City Manager Doug Spondello, AICP, Interim Community Development Director DATE: 06/16/2021 Regular Meeting SUBJECT: Consider Resolution Ratifying and Confirming Executive Order 2021-01 of the Director of Disaster Services to Extend the Duration of Zoning Clearances Issued to Restaurants for Outdoor Dining SUMMARY On May 28, 2020, the City Manager, acting as the City’s Director of Disaster Services, adopted Executive Order No. 2020-05 to authorize the issuance of 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 spaces located immediately adjacent to the building in which the restaurant is already located. Executive Order No. 2020-05 also suspended certain provisions of the Zoning Code that otherwise limited outdoor dining and prescribed conditions to ensure that the service did not unduly impact the public right-of-way or public safety. On June 3, 2020, the City Council ratified Executive Order No. 2020-05. Thereafter, ten zoning clearances were issued pursuant to Executive Order No. 2020-05. These zoning clearances are now scheduled to automatically expire six months after their issuance or when the Ventura County Public Health Officer’s social distancing requirements allow the subject restaurant to provide indoor service at full capacity, whichever occurs sooner. In many cases these zoning clearances will expire in the near future due to their six-month expiration date, but staff believes there is a continuing demand for outdoor dining due to the ongoing risks of COVID-19 and to assist restaurants during this challenging time. Therefore, the City Manager adopted Executive Order No. 2021-01 in order to extend all zoning clearances for outdoor dining through December 31, 2021, or an alternate date determined by the City Council should it adopt permanent development standards for outdoor dining. This item is the City Council’s confirmation and ratification of the Executive Order in accordance with the requirements of State law. Item: 9.B. 180 Honorable City Council 06/16/2021 Regular Meeting Page 2 BACKGROUND The City proclaimed a local emergency on March 18, 2020, due to the COVID-19 pandemic. The local emergency proclamation authorizes the undertaking of additional police powers, provides limited immunity for emergency actions of public employees and governing bodies, and authorizes the issuance of orders and regulations to protect life and property. Following the emergency declaration, the City Manager, serving as the Director of Disaster Services for the City, took additional steps to provide for the health, safety, and property of residents in the midst of the COVID-19 pandemic. These steps included a number of executive orders intended to reduce the spread of COVID-19 and provide relief to distressed businesses and residents. One of those executive orders was Executive Order No. 2020-05, which, as described above, authorized restaurants to provide outdoor dining options with the issuance of a zoning clearance from the Planning Department. To date, ten restaurants have received such zoning clearances and have availed themselves of the opportunity to provide outdoor dining. On June 7, 2021, the City Manager adopted Executive Order No. 2021-01 in order to extend outdoor dining zoning clearances so that restaurant patrons continue to have an outdoor dining option in light of the COVID-19 risk. In addition, outdoor dining has proven popular, and staff wanted to provide an opportunity for restaurants to continue outdoor dining while staff evaluates permanent outdoor dining regulations and standards. Executive Order No. 2021-01 amends Executive Order No. 2020-05 to extend all zoning clearances for outdoor dining through December 31, 2021. In addition, the City Council may modify the termination date if and when it adopts a zoning ordinance to implement permanent outdoor dining regulations and standards. 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. The City Council must ratify and confirm Executive Order No. 2021-01 in order for the order and the zoning clearances to remain in effect. DISCUSSION On June 15, 2021, the State of California is expected to fully reopen and capacity and distancing restrictions relating to COVID-19 will be lifted for most businesses and activities, including restaurant dining service. City staff anticipated that the lifting of indoor dining restrictions would obviate the need for expanded access to outdoor dining within the public right-of-way, parking lots, and sidewalks. Although there has been progress in controlling the COVID-19 pandemic, the spread of COVID-19 will continue as a public health risk beyond the State’s reopening process. 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. 181 Honorable City Council 06/16/2021 Regular Meeting Page 3 In addition, City staff believes that the outdoor dining option has been successful for the restaurants that have taken advantage of the zoning clearance process. City staff does not want to revoke the outdoor dining option as we enter the summer months when outdoor dining is popular, and restaurants remain in need of relaxed regulations to rebuild their business operations. Staff desires to explore opportunities to permit expanded outdoor dining on a more permanent basis. However, outdoor dining presents certain issues that should be fully evaluated, such as the extent to which dining areas may encroach into the public right-of- way and the permits and conditions (e.g., insurance) that should be required before allowing such an encroachment. Extending the zoning clearances through December 31, 2021, will provide sufficient time to develop regulations and standards for outdoor dining. Should staff complete that work in advance of December 31, 2021, the City Council could change the expiration deadline for the zoning clearances as part of a regular ordinance or policy to implement those standards. CALIFORNIA ENVIRONMENTAL QUALITY ACT The City Council’s ratification and confirmation of Executive Order No. 2021-01 to extend the expiration date of outdoor dining zoning clearances is exempt from review under the California Environmental Quality Act (CEQA). Specifically, it is exempt from CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines. This resolution is covered by the general rule that CEQA applies only to projects that have the potential to cause a significant effect on the environment. Because the resolution and associated executive order will merely extend zoning clearances that already authorize outdoor dining, the baseline physical conditions within the City will remain the same. Therefore, it can be seen with certainty that there is no possibility that this resolution will have a significant effect on the environment. FISCAL IMPACT The preparation and adoption of Executive Order No. 2021-01 and this resolution to confirm the Executive Order has required the time of the City Manager, the Community Development Department and the City Attorney’s Office. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION Adopt Resolution No. 2021-___. Attachment: Draft Resolution No. 2021-_______ with Executive Order No. 2021-01 attached as Exhibit A 182 RESOLUTION NO. 2021-__ 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 ATTACHMENT 183 Resolution No. 2021-____ 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. 184 Resolution No. 2021-____ 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. __________________________________ Janice S. Parvin, Mayor ATTEST: _______________________________ Ky Spangler, City Clerk 185 EXHIBIT A 186 Resolution No. 2021-____ Page 5 187 Resolution No. 2021-____ Page 6 188 Resolution No. 2021-____ Page 7 189