HomeMy WebLinkAboutOrdinance 372 - urgency ordinance -parking districtsORDINANCE NO.372
AN URGENCY ORDINANCE OF THE CITY OF SARATOGA TEMPORARILY
ALLOWING THE ISSUANCE OF SPECIAL EVENT PERMITS FOR OUTDOOR DINING IN
CITY PARKING DISTRICTS
WHEREAS, on February 3, 2020 and pursuant to Section 101080 of the California
Health and Safety Code, the Santa Clara County Health Officer (the "Health Officer") declared
a local health emergency throughout Santa Clara County (the "County") related to the novel
coronavirus ("COVID-19"); and
WHEREAS, on February 3, 2020, and pursuant to Section 8630 of the California
Government Code, the Santa Clara County Director of Emergency Services proclaimed a local
emergency throughout the County related to COVID-19; and
WHEREAS, on March 4, 2020, California Governor Gavin Newsom 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 a
broader spread of COVID-19; and
WHEREAS, on March 16, 2020 the County, along with five other Bay Area counties,
issued a sweeping a Shelter -in -Place Order which was subsequently extended on March 31,
2020; and
WHEREAS, to stop the spread of COVID-19, on March 19, 2020 Governor Newsom
issued Executive Order EO N-33-20 ordering all individuals living in the State of California
(with limited exceptions) to stay home or at their place of residence until further notice; and
WHEREAS, on May 18, 2020, based on evidence of continued significant community
transmission of COVID-19 throughout the County and the Bay Area, the County Health
Officer issued an order extending the County's Shelter -in -Place Order; and
WHEREAS, on June 5, 2020, the County Health Officer announced that restaurants
and other food facilities that provide sit-down food service may provide outdoor, sit-down
meals, subject to certain limitations necessary to maintain social distancing; and
WHEREAS, the option for restaurants and other food facilities to provide outdoor, sit-
down meals is necessary to protect public health and the local economy; and
WHEREAS, the State of Emergency and Shelter in Place Orders have significantly
reduced commercial activity in the City's downtown; and
WHEREAS, as a result of the reduction in commercial activity, there is not the usual
demand for parking in the City -owned parking lots in the City's downtown; and
WHEREAS, as a result of the low demand for parking, the City -owned parking lots are
available as space for outdoor dining; and
WHEREAS, no business will be found to be out of compliance with standard parking
requirements based on the temporary use of parking spaces for outdoor dining subject to a
special event permit; and
WHEREAS, this ordinance is a temporary measure to allow the City to issue special
event permits for outdoor dining without charging a fee that will allow outdoor dining until the
County's Shelter -in -Place Order is lifted and the State has entered Stage 4 of reopening, unless
the ordinance is otherwise terminated or extended by the City Council.
NOW, THEREFORE, BE IT ORDAINED:
SECTION 1. In addition to the special events authorized by Article 10-10 of the Saratoga
Municipal Code, the City Manager or Manager's designee may issue a Special Event Permit
pursuant to that Article, subject to the conditions described below, authorizing use of City -owned
parking lots identified in Attachment A for outdoor dining in accordance with the requirements
of this ordinance. All references to "articles" or "sections" in this ordinance are references to the
Saratoga Municipal Code. With respect to permits for outdoor dining use, the provisions of
Article 10-10 shall apply as follows:
A. Application for Permit. Notwithstanding section 10-10.030, the application may be
filed within one day of the proposed use and, in lieu of the information specified in
section 10-10.030(b) shall include information specified on an application to be
developed by City staff to include only the information necessary to define the area and
duration of the proposed use. No processing or other fee shall be required for the
application.
B. Investigation of Application. The requirements of section 10-10.040 shall not apply to
applications for outdoor dining pursuant to this ordinance.
C. Factors to be considered in granting or denying a permit. In lieu of the process set
forth in section 10-10.050 the City Manager shall issue a decision granting or denying the
permit within one business day of receiving a complete application and shall deny the
application only if the City Manager determines that the location and scope of the
proposed use will disrupt to an unreasonable extent the movement of other traffic or
create any safety hazard as a result of such other traffic being stopped or diverted.
D. Scope of Event. Dining from the date of issuance of the permit until the expiration of
this ordinance shall be considered a "single event" for the purposes of Section 10-10.060.
E. Contents of Permit. In lieu of the conditions set forth in section 10-10.070, special
event permits for outdoor dining pursuant to this ordinance shall include the following
conditions:
1. The outdoor dining may use no more than 5 parking spaces.
2. Outdoor dining areas shall comply with ADA access requirements. A minimum
four -foot (4'-0") wide path of travel shall be maintained along all pedestrian
walkways from the parking lot and/or public right-of-way to all public building
entrances.
3. Tables, chairs, umbrellas, or other temporary objects shall be located in a manner
that does not obstruct the entrance to any building or fire safety equipment,
impede the flow of pedestrian or vehicle traffic, or create a hazardous condition
(such as a tripping hazard).
4. No furniture, fixture, or equipment shall be permanently affixed to the sidewalk.
2
Outdoor storage or preparation of food or beverages is not permitted.
6. Operating hours for outdoor dining areas shall be the same as the indoor operating
hours authorized by the establishment's use permit.
7. Entertainment events and all forms of amplified sound are not allowed in
conjunction with temporary outdoor dining.
Each restaurant may post one sign with a maximum area of two (2) square feet in
the temporary outdoor dining area.
The use of tents, temporary shelters, or coverings for outdoor dining shall require
review and approval by the Santa Clara County Fire Department.
10. Lighting will be permitted for night-time operations. Extension cords used to
provide power to the expanded area shall be securely fastened to the ground to
avoid tripping hazards or impede in accessibility.
11. The outdoor dining area shall be maintained free of trash, debris, and clutter.
12. All furniture, loose items and products shall be brought inside the business tenant
space at close of business to diminish vandalism or clutter.
13. Such other conditions as needed to ensure public health and safety in light of the
particular circumstances at the location where dining is proposed.
F. Deposit and Security Expenses. Sections 10-10.090 and 10-10.100 shall not apply to
special event permits for outdoor dining.
G. Additional Requirements. Permitees must comply with the guidelines as published by
the California Department of Health ("Doff') in its COVID-19 Industry Guidance: Dine -
In Restaurants, as may be amended from time to time or any updated guidelines
published by the DoH, as well as any guiding document related to requirements from the
Santa Clara County Public Health Department.
H. Revocation. The City may revoke the permit any time if the City Manager or designee
determines that the conditions of the permit are being violated or the public health, safety
or welfare warrant such action.
SECTION 2. No business shall be found to be out of compliance with the parking requirements
of the Saratoga Municipal Code based on the temporary use of parking spaces for outdoor dining
subject to a special event permit issued pursuant to this ordinance.
SECTION 3. Government Code section 36937(a) authorizes the adoption of an urgency
ordinance to protect the public peace, health or safety, where there is a declaration of the facts
constituting the urgency and the ordinance is adopted by four -fifths of the Council.
SECTION 4. The City Council hereby finds, determines and declares that this urgency
ordinance adopted pursuant to California Government Code section 36937 is necessary because
there is a current and immediate threat to the public health, safety and/or welfare and a need for
immediate preservation of the public peace, health, or safety that warrants this urgency measure,
which finding is based upon the facts stated in the recitals above, all of which are deemed true
and correct, as well any oral and written testimony at the July 1, 2020 City Council meeting.
SECTION 5. The City Council of the City of Saratoga held a duly noticed public meeting on July
1, 2020, and after considering all testimony and written materials provided in connection with that
meeting introduced this ordinance and waived the reading thereof.
SECTION 6. This urgency ordinance shall take effect immediately upon adoption in accordance
with the provisions set forth in Government Code section 36937 and shall remain in effect until
the County's Shelter -in -Place Order is lifted and the State has entered Stage 4 of reopening, unless
the ordinance is otherwise terminated or extended by the City Council.
SECTION 7. A summary of this ordinance shall be published in a newspaper of general circulation
of the City of Saratoga within fifteen days after its adoption.
SECTION 8. Should any provision of this ordinance, or its application to any person or
circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or
otherwise void, that determination shall have no effect on any other provision of this ordinance or
the application of this ordinance to any other person or circumstance and, to that end, the provisions
hereof are severable.
Following a duly noticed public meeting the foregoing urgency ordinance was introduced and
adopted at the regular meeting of the City Council of the City of Saratoga held on July 1, 2020
COUNCIL MEMBERS:
AYES: Mayor Howard A. Miller, Vice Mayor Mary -Lynne Bernald, Council Members
E. Manny Cappello, Yan Zhao, Rishi Kumar
NOES:
ABSENT:
ABSTAIN:
SIGNED:
Howard A. Miller
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTEST:
DATE:
D e etschneider, CMC
CITY CLERK
APPROVED AS TO FORM:
-� ..�. _ DATE:
Richard Taylor, CITY ATTORNEY
11
N CM d' o
�Z O O O O
z z z z
G! V! G) to V V V V
CL c3 Q. R N N N N
(D M V!
N N C1 al lo
LO N tD C C C C
.
7Q
r- r0 0 0 ya N M cC eC c4 Rf
�0 0 a a a a
5 z z z zoo
O GaNP 4� +1 41 C _ c C o
r
V V y N
P� N! y N y Vl f/1 fq Vl v
G,ai��O = C = C C C C C w
c
AAuunS-e6o4e.ieg Ar a a a a m m m m A
ai o
J
M vas p CIA
849 O
M
ay
N
+t,
v hr
.Paw
.Paw
Q
.pw
�G
N
N
O
U
04 SARgT�C9
CITY OF SARATOGA
ORDINANCE CERTIFICATE
iese
FO?,
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
CITY OF SARATOGA
CERTIFIED COPY OF ORDINANCE
ADOPTION
I, Debbie Bretschneider, City Clerk for the City of Saratoga in said County of Santa Clara, and
State of California, do hereby certify that the attached is a true and correct copy of Ordinance
No. 372, adopted by the Saratoga City Council on July 1, 2020 by the following vote:
AYES: Miller, Bernald, Cappello, Zhao, Kumar
NOES:
ABSTAIN:
ABSENT:
j Ordinance I hereby further certify that a summary of the urgency ordinance was
Summary published in accordance with Government Code Section 36933 on the
following date: July 10, 2020. Said ordinance shall be effective July 1,
2020.
❑ Ordinance I hereby further certify that the full text of the ordinance was published
Full Text in accordance with Government Code Section 36933 on the
Said ordinance shall be effective
Dated this 26" day of June 2020.
V_bWe etsc neider, CMC, City Clerk