HomeMy WebLinkAboutCC RESO 2020-147RESOLUTION NO. 2020 - 147
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
CONFIRMING AND RATIFYING AN ORDER OF THE EMERGENCY SERVICES
DIRECTOR RELAXING CERTAIN REGULATIONS RELATED TO OUTDOOR USE
BY RESTAURANTS, PLACES OF WORSHIP, AND PERSONAL SERVICES
BUSINESSES DUE TO THE COVID-19 PANDEMIC
WHEREAS, on January 31, 2020, the Secretary of the United States Department of
Public Health and Human Services declared a public health emergency as a result of the
discovery of the novel coronavirus ("COVID-19"); and
WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of Emergency
to exist in the State of California as a direct result of the threat presented by COVID-19.
WHEREAS, on March 12, 2020 the City of National City's ("City") Emergency Services
Director declared a local emergency as a result of the continued spread of COVID-19 and the
City Council ratified the Declaration of Local Emergency; and
WHEREAS, on March 19, 2020, Governor Newsom issued Executive Order N-33-20.
This order required all individuals living in the State of California to stay home or at their place
of residence except as needed to maintain the continuity of operations of the federal critical
infrastructure sections; and
WHEREAS, on May 4, 2020, Governor Newsom issued Executive Order N-60-20
which allowed non -essential businesses to reopen in phases and in compliance with criteria
set by the California Public Health Officer, and based on certain public health criteria being
met on a county -by -county basis; and
WHEREAS, on May 27, 2020, places of worship, salons, and barber shops in the City
of National City were allowed to reopen for business; and
WHEREAS, on June 12, 2020, restaurants and fitness centers in the City of National
City were allowed to reopen for business; and
WHEREAS, on June 19, 2020, spas, nail salons, massage, and tattoo parlors in the
City of National City were allowed to reopen for business; and
WHEREAS, on July 13, 2020, the State of California issued a Public Health Order and
on July 14, 2020, the County of San Diego County issued a Public Health Order (collectively,
"Public Health Orders") that required businesses engaged in personal care services, including
nail salons, massage parlors, tattoo parlors, hair salons and barber shop services, gym and
fitness services (hereinafter collectively referred to as "personal services businesses"),
restaurants, and places of worship to close indoor operations; and
WHEREAS, on Jul 21, 2020, the Emergency Services Director issued an emergency
order temporarily relaxing certain regulations related to outdoor use by restaurants, places of
worship, and personal services businesses due to the COVID-19 pandemic; and
Resolution No. 2020 — 147
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WHEREAS, as a result of the Public Health Orders, as of July 15, 2020, a vast majority
of restaurants, places of worship, and personal service businesses in the City of National City
will be forced to cease all indoor operations for a potentially prolonged period of time. These
businesses are important to the physical and mental wellbeing of the residents of National
City and surrounding communities, and these closures will result in a significant loss of
business for personal service businesses located in the City of National City; and
WHEREAS, it is in the public interest to take steps to ensure local businesses survive
during this public health emergency, and this Order temporarily relaxes certain regulations to
provide important services to local residents, support local businesses, promote economic
stability, and to promote a stable business and job market for employers and employees to
return to once the local emergency is abated; and
WHEREAS, this Order is necessary and appropriate to address the immediate threats
to the public health, safety, and welfare of residents and local businesses related to the
significant economic impacts of the COVID-19 pandemic, to support businesses to be
successful in their reopening in compliance with public health criteria, and to support
compliance with the Public Health Orders and criteria related to COVID-19 to continue to
mitigate the spread of COVID-19 in the City.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of National
City that Emergency Order is confirmed and ratified as follows:
SECTION 1. Notwithstanding the requirements of National City Municipal Code
Chapters 18.22, 18.25, and 18.45, and space permitting, restaurants, places of worship and
personal services businesses may temporarily relocate some or all of their existing business
operations to an adjacent outdoor area under the following conditions:
A. Maximum Outdoor Space Available for Outdoor Business Use.
Restaurants, places of worship, and personal services businesses may collectively
utilize up to twenty-five percent (25%) of the parking lot adjacent to their retail center
or building to continue the conduct of their businesses in light of the Public Health
Orders. All designated handicapped parking spaces must always remain open and
available for use by handicapped drivers. Said businesses are responsible for
obtaining any necessary permissions from the landlord of the property and/or the
landlord's property management company for the use of adjacent privately -owned
outdoor areas, such as landscaped areas or parking lots.
B. Outdoor Layout Review and Site Inspection. An Outdoor Layout Review
and Site Inspection is required to relocate some or all of a restaurant, places of worship
or personal services business to an adjacent privately -owned outdoor area that was
not originally permitted for said outdoor use, such as landscaped areas and parking
lots, and in adjacent public areas such as sidewalks within the public right-of-way. The
Outdoor Layout Review and Site Inspection shall be conducted by a City Fire Inspector
who will review and either approve or require modifications to the proposed outdoor
layout based on the following criteria:
Resolution No. 2020 —147
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Outdoor use layout does not create a safety risk and adequate
pedestrian and vehicular separation is maintained, including with
movable barriers as appropriate where outdoor use will take place in
parking Tots.
ii. The outdoor layout must accommodate appropriate vehicle and
pedestrian circulation and maintains adequate paths of travel and
complies with accessibility requirements of the Americans with
Disabilities Act.
Any canopies, pop -ups, overhead shelters (collectively, "canopies") and
the like must comply with fire codes, the Public Health Orders and safety
standards set forth by the National Fire Protection Association and must
include an affixed manufacturer's label stating the canopies meets
NFPA requirements. A State Fire Marshal seal on the canopies or a
certificate is needed to prove treatment.
iv. Any placement or installation of temporary improvements, including but
not limited to chairs and tables; pedestrian safety lights; heat lamps,
fans, or other temperature control devices; canopies or other overhead
shelter; posted signage; and other items that support table service or
outdoor dining are subject to all applicable provisions of the California
Building Code.
v. No discharge of any types of solids or liquids, including water, can be
made or caused to be made into any storm water drain.
C. No Fee. No fee will be charged for conducting an Outdoor Layout Review
and Site Inspection.
D. Occupancy. Total occupancy of any outdoor space by a restaurant, places
of worship or personal services business shall not exceed that business's maximum
allowed indoor occupancy limit.
E. Trash and Debris Removal. Temporary outdoor use areas, including any
adjacent landscaped areas, sidewalks, and parking areas, shall be kept free of trash
and debris at all times. Each restaurant, places of worship or personal services
business shall ensure the cleanup and removal of any trash and debris at the
conclusion of its operation on each and every day of operation.
F. Other Regulations and Approvals. Restaurants, places of worship or
personal services businesses requesting an Outdoor Layout Review and Site
Inspection from the City are responsible for maintaining compliance with Municipal
Code and all other applicable regulations, in general and for their industry, and
obtaining any approvals required from other agencies, including, but not limited to, the
San Diego County Department of Environmental Health, the San Diego County Health
and Human Services Agency, the California Board of Barbering and Cosmetology,
and the California Department of Consumer Affairs.
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SECTION 2. Upon the expiration or termination of this Order, the relaxation of
regulations related to outdoor use contained herein shall be of no further force and effect.
Regulations relating to outdoor use shall revert back to the regulations as written and/or
codified in the National City Municipal and Development Code. All improvements used for
temporary outdoor use shall be removed immediately at the expense of the personal services
businesses. All outdoor spaces utilized pursuant to this Order shall be returned to the
condition they were in just prior to their use for outdoor business purposes.
SECTION 3. Effective Date. This Order is in effect as of July 21, 2020 and shall
remain in effect for the duration of the local emergency.
SECTION 4. California Environmental Quality Act. This action is statutorily exempt
under California Environmental Quality Act (CEQA) section 20180(b)(4) (specific actions
necessary to prevent or mitigate an emergency) and is categorically exempt from CEQA
under CEQA Guidelines 15301 (existing facilities), 15304(e) (minor temporary use of land
having negligible or no permanent effects on the environment).
SECTION 5. Severability. If any provision of this Order is held invalid by a court of
competent jurisdiction, such provision shall be considered a separate, distinct, and
independent provision and such holding shall not affect the validity and enforceability of the
other provisions of this Order.
BE IT FURTHER RESOLVED that except as provided in Sections 2 and Section 5,
this Order shall continue in effect for the duration of the local emergency.
PASSED and ADOPTED this 4th day of August, 2020.
Alejandra Sotelo-Solis, Mayor
ATTEST:
APPROVED AS TO FORM:
Passed and adopted by the Council of the City of National City, California, on August 4,
2017 by the following vote, to -wit:
Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS
Mayor of the City of National City, California
City
f National City, California
City lerk of the
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2020-147 of the City of National City, California, passed and
adopted by the Council of said City on August 4, 2020.
City Clerk of the City of National City, California
By:
Deputy