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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 (SEAL) 0,011 1111111//,100 ‘‘‘ CA tieZ zz/ tkk - '17D 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