HomeMy WebLinkAboutReso 90-2020 (20-462)City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Resolution: RES 90-2020
File Number: 20-462 Enactment Number: RES 90-2020
RESOLUTION AMENDING THE PROCLAMATION
OF A LOCAL HEALTH EMERGENCY (ADOPTED
PURSUANT TO RESOLUTION NO. 35-2020) TO
APPROVE AN OUTDOOR DINING PILOT PROGRAM
IN THE CITY OF SOUTH SAN FRANCISCO TO
ENHANCE RESTAURANT AND BUSINESS
RECOVERY DURING COVID-19.
WHEREAS, Section 8630, Article 14, of the California Emergency Services Act empowers the City
Council to proclaim the existence or threatened existence of a local emergency when the City of South
San Francisco ("City") is affected or likely to be affected by a public calamity; and
WHEREAS, Chapter 2.72 of the South San Francisco Municipal Code ("SSFMC") similarly authorizes
the City Manager, serving as the Director of Emergency Services to declare and proclaim, or to request
the City Council to declare and proclaim, the existence or threatened existence of a "local emergency";
and
WHEREAS, the City of South San Francisco proclaimed a local State of Emergency related to the Novel
Coronavirus (COVID-19) on March 11, 2020 via Resolution No. 35-2020 (the "Emergency
Proclamation"); and
WHEREAS, on March 16, 2020, seven health officers within six Bay Area counties, including San
Mateo County ("County"), took a unified step to slow the spread of COVED -19 and preserve critical
health care capacity across the region by issuing a legal order directing their respective residents to
shelter at home and limiting activity, travel and business functions to only the most essential needs for
three weeks, beginning March 17, 2020; and
WHEREAS, on March 19, 2020, Governor Gavin Newsom issued a statewide order ordering all
individuals living in the State of California ("State") to stay home or at their place of residence, except as
needed to maintain continuity of operation of the federal critical infrastructure sectors; and
WHEREAS, on May 13, 2020, the City Council amended and updated the Emergency Proclamation via
Resolution No. 57-2020; and
WHEREAS, the County and six other Bay Area jurisdictions have been under a Shelter in Place public
health order due to COVID-19 since March 17, 2020 and multi -month closure of many of the County's
local businesses is putting a huge financial strain on all industries; and
WHEREAS, on June 17, 2020, the San Mateo County Health Officer and the County Health Department
announced revised orders to align with State Health Orders allowing for the continued re -opening of
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File Number. 20-462
Enactment Number: RES 90-2020
businesses, provided that gatherings are not to exceed 50 people, allow for social bubbles, adherence to
social distancing requirements, face covering requirements, and requirements for businesses to
implement a social distancing protocol and written health and safety plans; and
WHEREAS, in conjunction with the revised County Health Orders, nearly all cities in San Mateo
County have implemented an outdoor dining program; and
WHEREAS, the City has an important governmental interest in maintaining a healthy, active, and
thriving business community and protecting the health, safety, and economic welfare of its citizens and
businesses; and
WHEREAS, to protect the health and safety of the City, while fostering economic wellbeing of the City's
citizens and businesses, the City wishes to assist both essential and non-essential businesses in remaining
open, or re -opening when lawfully permitted to do so; and
WHEREAS, to achieve this purpose, the City wishes to implement an Outdoor Dining Pilot Program
(the "Program"), which would allow interested restaurants and businesses within the Downtown zoning
districts to, with review and approval by the City, utilize public right-of-way space, including adjacent
parking spaces, for an expanded dining area; and
WHEREAS, the Program would require participating restaurants and businesses to adhere to specific
performance standards and checklists, attached hereto and incorporated herein as Exhibits A and B; and _
WHEREAS, for the City's business community to survive the challenge presented by the COVID-19
pandemic and the resulting business closures, the City Council finds that temporary emergency
modifications to existing policies and regulations are needed to help implement the Program; and
WHEREAS, under the current emergency circumstances, the City Council finds that it is in the best
interests of the public health, safety and welfare to permit the temporary use of the Downtown Area
public right-of-way space by restaurants and businesses, with appropriate conditions to preserve the
public safety and necessary public access to those resources, and finds that City staff should be given
broad discretion to modify existing City policies, procedures and regulations in order to effectively assist
the City's local businesses in their reopening efforts; and
WHEREAS, except as amended herein, the City Council desires to continue to enforce the other
provisions of the Emergency Proclamation as previously approved and amended.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco that:
1. The above recitals are true and correct and incorporated herein by this reference.
2. The Outdoor Dining Pilot Program is hereby approved and the City Manager is authorized to
implement the Program, including the temporary authority to allow the utilization of, or to
approve use and occupancy of, the public right-of-way by businesses, eating and drinking
establishments, and retailers, consistent with the provisions of this Emergency Proclamation.
Any authorization granted pursuant to the authority provided herein shall be consistent with the
requirements set forth in any applicable shelter in place order applicable within San Mateo
County.
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File Number: 20-462
Enactment Number: RES 90-2020
3. A Program budget of $35,000 is hereby approved for its implementation, such as to fund the cost
of installing protective barriers and signage, and associated labor costs.
4. The following temporary changes are made to the South San Francisco Municipal Code
("SSFMC") to facilitate the implementation of the Outdoor Dining Pilot Program within the
Downtown Districts as defined in SSFMC Title 20, Chapters 20.020 and 20.100:
a. Notwithstanding applicable regulations of Title 13, Chapter 13.04 relating to
Encroachment Permits, the City's Encroachment Permit application fees may be waived
for all applications that further purposes of the Outdoor Dining Pilot Program. The
"Encroachment Permit Application — COVID-19 Addendum", attached hereto as Exhibit
C and incorporated herein is hereby adopted for use for all applications submitted to the
City pursuant to this resolution.
b. Notwithstanding Section 20.350.030, the City Council hereby temporarily suspends
regulations pertaining to outdoor and sidewalk seating to the extent necessary to further
purposes of the Outdoor Dining Pilot Program.
c. Notwithstanding applicable regulations of Title 11, Chapters 11.40 and Title 20, Chapter
20.330, the City Council hereby temporarily suspends the application of on-site parking
requirements, including any parking requirements related to the computation of spaces
per ratio of gross floor area or customer seating area, for Eating and Drinking
Establishments, Food and Beverage Retail Sales, and Retail Sales in the Downtown
Districts, to the extent necessary to further purposes of the Outdoor Dining Pilot
Program. The City Manager is hereby authorized to impose conditions of approval upon
any proposal to temporarily repurpose or convert existing parking spaces to
accommodate outdoor dining, Food and Beverage Retail Sales, and Retail Sales in the
Downtown Districts, to the extent necessary to implement the Outdoor Dining Pilot
Program.
d. Notwithstanding Sections 20.440.007 and 11.56.020, the City Council hereby declares
that the Parking Place Commission's parking authority for the Downtown
District/Downtown Parking District is temporarily suspended with regard to any public
parking reasonably determined by the City Manager to be necessary to effectuate the
Outdoor Dining Pilot Program, including the Parking Place Commission's authority to
review and approve parking rates, time limits, and hours of operation, and that authority
is temporarily vested with the City Manager to the extent required for the purposes of the
Program.
Notwithstanding Sections 20.360.006, subsection (p), and 20.360.009, the City Council
hereby temporarily suspends regulations and permit requirements applicable to
temporary signs as applicable to Eating and Drinking Establishments, Food and
Beverage Retail Sales, and Retail Sales in the Downtown Districts, to the extent
necessary to further purposes of the Outdoor Dining Pilot Program.
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File Number: 20-462 Enactment Number.' RES 90-2020
The City Manager is temporarily vested with the authority to regulate these signs, review
and approve signage plans, set installation and display requirements, and approve
proposals to erect temporary commercial signs and window signs, consistent with other
applicable provisions of the South San Francisco Municipal Code.
f. Notwithstanding Sections 10.40.030 and 10.40.040, to the extent necessary to effectuate
the Outdoor Dining Pilot Program, the City Council hereby temporarily suspends
regulations pertaining to alcohol consumption in public places and in parking lots as
applicable to Eating and Drinking Establishments, Food and Beverage Retail Sales, and
Retail Sales in the Downtown Districts, and the City Manager is temporary authorized to
permit outdoor consumption of alcohol as part of the Outdoor Dining Pilot Program.
g. The City Manager is temporarily vested with the authority to approve temporary and/or
intermittent street closures as part of the Outdoor Dining Pilot Program, subject to any
and all conditions and/or limitations deemed necessary by the City Manager to facilitate
safe and orderly closure of such roadways and to protect public health and safety.
5. In addition to the specific authorizations granted above, the City Manager is temporarily vested
with the authority to suspend, waive or modify all other City of South San Francisco regulations
and/or policies to the extent that: (1) such regulations or policies would otherwise prohibit
businesses from engaging in their business activities outdoor or curbside in the Downtown
Districts; (2) is necessary to further the purpose of the Outdoor Dining Pilot Program; and (3)
such suspension, waiver or modification does not result in an increase in general intensity of use
beyond what is otherwise allowed, as applicable.
6. In exercising the temporary authority pursuant to this resolution to allow the utilization of, or to
approve use and occupancy of, the public right-of-way, the City Manager shall also require
businesses, eating and drinking establishments and retailers to comply with applicable building
code standards and the City's insurance and indemnification requirements.
7. The authority temporarily vested in the City Manager pursuant to this resolution may be
delegated by the City Manager to his designee through written delegation of authority signed by
the City Manager.
8. Nothing in this resolution shall relieve a business from any the following:
a. The requirement to comply with the Outdoor Dining Pilot Program standards and
checklists set forth in Exhibits A and B.
b. Any obligations or laws requiring consent of adjacent property owners for use of private
property. Businesses seeking to operate outdoors shall obtain consent of any private
property owners whose property will be used for outdoor operations.
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File Number. 20-462
Enactment Number. RES 90-2020
c. The requirement to obtain a building permit for outdoor activities if a building permit
would otherwise be required, and compliance with all provisions of the Building
Code, including but not limited to, maximum occupancy requirements.
d. The requirement to undergo design review for exterior alterations if such design
review is otherwise required, except that temporary installations, including but not
limited to tents, fencing, barriers, enclosures, and platforms and ramps, may be
authorized by the City Manager to facilitate proposed outdoor activities consistent
with the provisions of this resolution.
e. The requirement to obtain any and all County and State permits regarding the
provision of food and dining services, including alcoholic beverages, including but
not limited to the COVID-19 Temporary Catering Authorization required by the
State Department of Alcohol Beverage Control.
9. All temporary suspension of regulations and requirements of the South San Francisco
Municipal Code and temporary delegation of authority provided for in this resolution shall
remain in effect for the duration of the Emergency Proclamation, as adopted by Resolution
No. 35-2020, and shall expire upon the termination of the Emergency Proclamation by the
City Council.
10. Except as specifically amended herein, Resolution No. 35-2020, as previously amended and
updated, shall remain in full force and effect.
BE IT FURTHER RESOLVED that this resolution shall become effective immediately upon its
adoption.
At a meeting of the City Council on 7/8/2020, a motion was made by Councilmember Nagales, seconded by
Vice Mayor Addiego, that this Resolution be approved. The motion passed.
Yes: 5 Mayor Garbarino, Vice Mayor Addiego, Councilmember Nagales, Councilmember
Nicolas, and Councilmember Matsumoto
Attest by amx'
10sa Govea Acosta, City Clerk
City of South San Francisco Page 5
Exhibit A
Performance Standards for Outdoor Dining Pilot Program
Application and Submittals
1) Applicants must file an Encroachment Permit for review by the City
a. The City reserves the right to determine on a case-by-case basis the suitability and
appropriateness of the public property (sidewalk or parking area) requested by the
restaurant for outdoor dining.
b. Available right-of-way or parking spaces to be used for outdoor dining shall be
identified based on the availability of the space fronting the business and may not
include areas fronting adjacent businesses without consent
c. Encroachment Permit Fees $325 (per Adopted Master Fee Schedule 2019-2020)
may be waived to reduce cost-associated barriers for business/restaurant
participation
d. Parking meter revenue that would not be collected to be considered by Parking
Place Commission after the program’s launch
2) Participation in the Temporary Dining Program is limited to 30 days, with the option to
review and extend for another 30 days, but no more than 90 days total.
3) Applicants must comply with San Mateo County Outdoor Dining Safety Requirements,
including on-site posting of health information for employees and patrons
4) Supplemental Information required by the San Mateo County Health Department must be
submitted to the City (i.e., Health Order Social Distancing Protocol (Appendix A))
5) Restaurants/businesses that serve alcohol may continue to serve alcohol in the outdoor
dining area, as long as specific requirements are met:
a. An applicant/operator with a current Alcohol and Beverage (ABC) license and
approval may only serve alcohol within an approved area as reviewed by ABC.
b. In the event that ABC requires layout modifications to the approved, the applicant
shall submit revised layout to the City for review and approval.
c. The applicant/operator is responsible for obtaining and conforming to ABC
requirements and file any other necessary applications to continue serving
alcohol.
d. A copy of the current ABC license shall be submitted to the City. In order to
retain the Temporary Outdoor Dining Permit and serve in the sidewalk café area,
it shall be the responsibility of the operator to maintain the license.
6) No permit shall be issued unless proof of adequate insurance, as determined by the City,
is provided by the restaurant.
7) Restaurants operate at their own risk and shall defend and indemnify the City for all
activity that occurs in the outdoor dining area.
a. Applicants must identify the City of South San Francisco as an additional insured
party and provide a copy of the insurance certificate
b. As required by the City’s Encroachment Permit, applicants shall procure and
maintain during the term of the Permit the following policies of insurance:
i. Worker’s Compensation and Employers’ Liability Insurance in the
statutory coverage.
ii. Commercial General Liability Insurance: In an amount not less than ONE
MILLION DOLLARS ($1,000,000)
iii. Automobile Liability (Code 1) Insurance: In an amount not less than ONE
MILLION DOLLARS ($1,000,000)
iv. Contractual Liability Insurance: In the amount of at least TWO MILLION
DOLLARS ($2,000,000)
Operations and Maintenance
8) Hours of operation for outdoor dining uses shall not exceed the normal hours of operation
for the corresponding restaurant or business for which the outdoor use is granted.
9) Furniture used for outdoor dining shall not be secured to lampposts, streetlights, trees or
any other public street furniture
10) All approved furniture used for outdoor dining shall be properly maintained and cleaned
regularly and be placed to allow pedestrians to move safely in the sidewalk at all times.
11) The applicant/operator shall comply with all applicable Fire and Building codes at all
times.
a. The applicant/operator shall ensure safety and stability of all equipment used for
outdoor dining.
12) Maintain required ADA access and clearances at all times.
a. Other cities provided specialized benches and/or tables where one side can be
used by people in wheelchairs or mobility devices and ADA required table
heights are maintained.
b. Also, other cities have installed temporary ramps for businesses to maintain
access for all patrons using the outdoor dining area.
13) The applicant/operator shall be responsible for the proper maintenance of the outdoor
dining area at all times, including properly disposing of all trash generated by the
operation.
a. The applicant/operator shall be held responsible for emptying and cleaning all
trash receptacles within the operating area.
Exhibit B
Program Supplemental Checklist
Submittals:
☐ Encroachment Permit Application (completed and signed)
☐ Agreement to comply with all Outdoor Dining Performance Standards
☐ Proof of Business Tax Receipt/Business License
☐ Insurance Requirements (See pages 5 and 6 of Encroachment Permit)
☐ Site Plan (must show 5’0” clearance path on sidewalk at all times)
☐ Description and Photographs of Furniture (every object to be placed in the right-of-way)
☐ Proposed Outdoor Dining Layout
☐ Maintenance Plan (includes providing additional trash receptacles and properly disposing of
all trash generated by the operation)
If alcohol will be served in the Outdoor Dining Area, the applicant/operator must:
☐ Submit current copy of ABC License
☐ Copy of revised layout modification submitted to ABC
If Outdoor Dining Area is proposed to extend beyond the storefront, applicant/operator must:
☐ Submit a letter indicating permission to use the right-of way from the property
owner of the neighboring building.
☐ Submit a letter indicating permission from the neighboring business operator.
☐ Compliance with San Mateo County Outdoor Dining Safety Requirements
☐ Supplemental Information required by the San Mateo County Health Department must be
submitted to the City (i.e., Health Order Social Distancing Protocol (Appendix A))
CITY OF SOUTH SAN FRANCISCO PUBLIC WORKS DEPARTMENT
ENCROACHMENT PERMIT APPLICATION - COVID-19 ADDENDUM
As an Encroachment Permit applicant, I/we, the undersigned, hereby declare and agree to the
following:
I/we agree to comply with the June 17, 2020 ORDER OF THE HEALTH OFFICER OF THE
COUNTY OF SAN MATEO DIRECTING ALL INDIVIDUALS IN THE COUNTY TO LIMIT
GATHERINGS TO NOT EXCEED 50 PEOPLE, ALLOW SOCIAL BUBBLES, ADHERE TO
SOCIAL DISTANCING REQUIREMENTS, FACE COVERING REQUIREMENTS, AND
REQUIRING BUSINESSES TO IMPLEMENT A SOCIAL DISTANCING PROTOCOL AND
WRITTEN HEALTH AND SAFETY PLANS (“Shelter in Place Order”), and any subsequent
Health Order issued by the Health Officer of San Mateo County (“Subsequent Order”).
1. I/we further agree to comply with the following, as applicable (collectively, “the
Guidelines”):
a. Statewide Industry-Specific Guidance, available at https://covid19.ca.gov/industry-
guidance/, and any subsequent updates or guidelines issued by the State;
b. San Mateo County Covid-19 Requirements and Industry-Specific Guidance, available
at https://www.smchealth.org/post/covid-19-requirements-resources; and/or
c. Any applicable subsequent updates or guidelines issued by the Health Officer of San
Mateo (“Subsequent Guidelines”).
2. I/we agree to prepare, adopt, implement, post, and submit to the City a written “Social
Distancing Protocol” pursuant to Section 11 of the Shelter in Place Order and applicable
sections of the Statewide Industry-Specific Guidance, that incorporates and addresses all
applicable protocols.
3. I/we agree, in conjunction with the Encroachment Permit Application requirement, to
provide one (1) hard copy and one (1) electronic copy of improvement plans/sketches, I/we
agree to submit to the City one copy of a written statement and/or plans/sketches explaining
or otherwise demonstrating the manner in which I/we will conduct curbside and/or outdoor
business activities pursuant to this Encroachment Permit Application, including a description
of the business, proposed outdoor activities, a description of all improvements, structures
and/or materials to be used to facilitate outdoor activities, and a description of the area in
which proposed outdoor activities will take place.
4. I/we understand and agree that the City may require a Traffic and Pedestrian Control Plan to
ensure the safety of customers and employees engaged in approved outdoor activities in
public rights-of-way and that accounts for accessible pedestrian access through the area or
improvements subject to this Encroachment Permit. I/we further understand that, I/we will
operate approved outdoor activities in a manner that would facilitate immediate removal of
any obstruction of an accessible path of travel allowed as part of approved activities, once
brought to my/our attention by a member of the public. I/we also understand that the City
may, at any time and in its sole discretion, revoke or modify the Encroachment Permit to
require removal or modification of any or all improvements, structures, and/or materials used
to facilitate approved outdoor activities authorized by this Encroachment Permit.
5. I/we hereby grant the City the right to remove or relocate any or all improvements,
structures, and/or materials used to facilitate outdoor activities and to enter into our property
to effect said removal or relocation if deemed necessary by the City. I/we hereby waive any
claim or right for inverse condemnation, damages, or loss of income or business resulting
from said removal or relocation.
Dated:__________________________
By:
Title:
Dated:__________________________
By:
Title:
3551205.2