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File Number: 20-299 <br />WHEREAS, provisions in land use permits and planning approvals issued by the City and/or <br />provisions in the San Leandro Zoning Code prohibit the use of adjacent outdoor private property <br />for the purposes of conducting business activities without the City’s authorization; and <br />WHEREAS, Title 5 of the San Leandro Municipal Code prohibits encroachments into the <br />public right-of-way or other public property without first obtaining an encroachment permit from the <br />City through specified application processes; and <br />WHEREAS, to ensure compliance with the Alameda County Department of Public Health <br />Social Distancing Protocol, businesses need additional outdoor areas to serve customers and <br />allow customers to queue while waiting to enter the business premises; and <br />WHEREAS, under conditions of the emergency and in the interest of public health and safety, <br />it is deemed necessary to suspend enforcement of certain provisions in land use permits and <br />planning approvals issued by the City and certain provisions in the San Leandro Zoning Code <br />and Municipal Code; and <br />WHEREAS, life and property are deemed to be in peril and speed of implementation is of the <br />essence. <br />NOW, THEREFORE THE CITY OF SAN LEANDRO CITY COUNCIL RESOLVES that <br />the above recitals are true and correct and made a part of this resolution. <br />BE IT FURTHER RESOLVED by the City Council that it is hereby proclaimed and ordered <br />that the Declaration of the Director of Emergency Services of the City of San Leandro <br />Suspending Enforcement of Certain Provisions in Land Use Permits and Approvals and Zoning <br />and Encroachment Requirements in the San Leandro Municipal Code, issued by the Director of <br />Emergency Services including all Exhibits, is hereby confirmed. <br />BE IT FURTHER RESOLVED by the City Council that: <br />1. The Declaration of the Director of Emergency Services of the City of San Leandro <br />establishes appropriate regulations to address the suspension of enforcement of certain <br />provisions in land use permits, approvals and zoning requirements, and encroachment <br />requirements while balancing public safety. <br />2. The Declaration of the Director of Emergency Services of the City of San Leandro will <br />not be detrimental to the public interest, health, safety, or welfare of the City. <br />3. The Declaration of the Director of Emergency Services of the City of San Leandro <br />conforms with the relevant and applicable provisions of the California Government Code and the <br />San Leandro Municipal Code authorizing the Director of Emergency Services to make and issue <br />rules and regulations on matters reasonably related to the protection of life and property. <br /> <br />4. Following adoption of the Declaration of the Director of Emergency Services of the City <br />of San Leandro, Exhibits A and B shall be combined into a single “final” Declaration of the <br />Director of Emergency Services of the City of San Leandro document. <br />5. During the existence of the declared local emergency, the powers, functions, and duties <br />Page 2 City of San Leandro Printed on 7/1/2020 <br />434