HomeMy WebLinkAbout2020-09-15; City Council; Resolution 2020-189RESOLUTION NO. 2020-189
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, EMPOWERING THE DIRECTOR OF EMERGENCY SERVICES TO
TEMPORARILY SUSPEND OR MODIFY CERTAIN LAND DEVELOPMENT
STANDARDS IN THE WESTFIELD CARLSBAD SPECIFIC PLAN TO MITIGATE THE
ECONOMIC EFFECTS OF THE COVID-19 PANDEMIC STATE OF EMERGENCY
ON LOCAL BUSINESSES
WHEREAS, Carlsbad Municipal Code Section 6.04.090(A) designates the City Manager as the
Director of Emergency Services (Director); and
WHEREAS, Carlsbad Municipal Code Section 6.04.100(A)(6)(e) empowers the Director, in the
event of a proclamation of a local or statewide emergency, to execute any special powers conferred
upon him by City Council resolution; and
WHEREAS, on Jan. 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 COVID-19 pandemic; and
WHEREAS, on Feb. 14, 2020, the San Diego County Health Officer declared a local health
emergency as a result of the COVID-19 pandemic, which the San Diego County Board of Supervisors
subsequently ratified; and
WHEREAS, on March 4, 2020, Governor Newsom proclaimed a statewide state of emergency as
a result of the COVID-19 pandemic; and
WHEREAS, on March 16, 2020, the Director proclaimed a local state of emergency as a result of
the COVID-19 pandemic, which the City Council subsequently ratified and extended; and
WHEREAS, on March 19, 2020, Governor Newsom issued Executive Order N-33-20 directing
individuals living in California to comply with a State Public Health Officer order to stay at home except
as needed to facilitate authorized, necessary activities or to maintain the continuity of operations at
critical infrastructure sectors; and
WHEREAS, on May 4, 2020, Governor Newsom issued Executive Order N-60-20 allowing non-
essential businesses to reopen in four stages in compliance with criteria set by the State Public Health
Officer and based on certain public health criteria being met on a county-by-county basis; and
WHEREAS, by June 19, 2020, dine-in restaurants, alcohol-serving businesses offering dine-in
meals, personal care services businesses and other businesses in Carlsbad were permitted to reopen
subject to compliance with safe reopening plans; and
Sept. 15, 2020 Item #9 Page 6 of 21
WHEREAS, because of increased rates of COVID-19 infection, on July 13, 2020, the State Public
Health Officer issued an order and on July 14, 2020, the San Diego County Public Health Officer issued
an order (collectively, "Public Health Orders") restricting indoor operations at dine-in restaurants,
alcohol-serving businesses offering dine-in meals, and businesses offering certain personal care
services, including nail salons, hair salons, and barbershops; and
WHEREAS, as a result of the Public Health Orders, dine-in restaurants, alcohol-serving
businesses offering dine-in meals, and businesses offering certain personal care services, including nail
salons, hair salons, and barbershops, in the Westfield Carlsbad Specific Plan area and other businesses
throughout Carlsbad must reduce all indoor operations for a potentially prolonged period of time; and
WHEREAS, strict compliance with certain land development standards and regulations in the
Westfield Carlsbad Specific Plan and Chapter 8.17, Special Events, of the Carlsbad Municipal Code
hinders Carlsbad businesses from moving their operations outdoors, which could lead to their closure
and harm their economic viability; and
WHEREAS, it is in the public interest to take steps to ensure local businesses remain
economically viable during the COVID-19 pandemic state of emergency; and
WHEREAS, adopting this resolution will empower the Director to temporarily suspend or modify
the land development standards identified in Attachment A to support local businesses and maintain
their economic viability, to ensure the availability of important services to local residents, and to
promote a stable business and job market for employers and employees to return to once the COVID-
19 pandemic state of emergency is abated; and
WHEREAS, adopting this resolution is necessary and appropriate to mitigate the immediate
threats to the public health, safety, and welfare of residents and local businesses from the significant
economic impacts of the COVID-19 pandemic by assisting businesses to successfully reopen and remain
open in compliance with the Public Health Orders.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the Director is empowered to temporarily suspend or modify the land development
standards identified in Attachment A.
Sept. 15, 2020 Item #9 Page 7 of 21
3. That the authorization provided to the Director in this resolution shall remain in effect
for the duration of the local COVID-19 pandemic emergency unless terminated earlier
by City Council action.
4. That upon the expiration or termination of the authorization provided to the Director in
this resolution, the temporary suspension or modification of the land development
standards identified in Attachment A will be of no further force and effect, all
improvements for any temporary outdoor business use must be immediately removed,
and all outdoor spaces must be returned to the condition they were in just prior to their
temporary outdoor business use.
5. That the Director may take any further action necessary and appropriate to carry out
the purpose and intent of this resolution.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 15th day of September, 2020, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None. .-1(ct,&71del
MATT HALL, Mayor
BARBARA ENGLESON, City Clerk
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Sept. 15, 2020 Item #9 Page 8 of 21
ATTACHMENT A
LAND DEVELOPMENT STANDARDS AND SPECIAL EVENT PERMIT REQUIREMENTS
TEMPORARILY SUSPENDED OR MODIFIED DURING THE LOCAL COVID-19 PANDEMIC STATE OF
EMERGENCY
A. Section 3.2 (Temporary Parking Lot Events) of the Westfield Carlsbad Specific Plan
Temporary parking lot events shall be modified to also allow businesses within The
Shoppes at Carlsbad to temporary expand their operations into the parking lot for the
duration of the COVID-19 pandemic state of emergency, as well as any other uses that
would be in support of businesses at the shopping center. This expansion would also
apply to a COVID clinic or other similar COVID-related operations.
B. Chapter 8.17 (Special Events) of the Carlsbad Municipal Code
A special event on private property permit shall be used to authorize temporary parking
lot events, as described in Section A above. As the city is the owner of the parking lots,
permits issued on public property at The Shoppes at Carlsbad will be required to
indemnify the city and provide liability insurance in an amount satisfactory to the city's
risk manager.
C. Section 6.2 (Temporary Parking Lot Event Permit) of the Westfield Carlsbad Specific
Plan
The time limitations for temporary parking lot events shall be suspended. The duration
of a temporary parking lot event, as described in Section A above and permitted in Section
B above, shall remain valid for the duration of the local COVID-19 pandemic emergency
unless terminated earlier by City Council action. Once the City Council ends the local state
of emergency, the temporary suspension of the standards will also end and any
temporary improvements allowed under the suspended or modified standards must be
removed.
Sept. 15, 2020 Item #9 Page 9 of 21