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File Number: 20-298 <br />chains for retail establishments to reopen, and certain outdoor activities to resume. <br />On June 5, 2020, the Health Officer issued a further Order effective June 8, 2020, continuing the <br />Social Distancing Protocol but allowing certain additional businesses, recreational, social and <br />cultural activities to resume and requiring that all businesses and organizations allowed to <br />operate shall develop and comply with a Site Specific Protection Plan. <br />On June 18, 2020, the Health Officer revised the June 5, 2020 Order, effective June 19, 2020, to <br />allow outdoor museums, outdoor restaurant dining, religious services, indoor/outdoor retail, and <br />outdoor fitness classes to reopen, subject to continuance of Social Distancing Protocol and <br />compliance with a Site Specific Protection Plan. <br />On June 17, 2020, the City Manager, acting as the City’s Director of Emergency Services, issued <br />a Declaration suspending enforcement of certain provisions in land use permits and approval and <br />zoning and encroachment requirements in the San Leandro Zoning Code and Municipal Code. <br />Such Declaration was made pursuant to California Government Code Section 8634 and San <br />Leandro Municipal Code Section 3-4-130(a), which empowers upon the proclamation of a local <br />emergency the Director of Emergency Services to make and issue rules and regulations on <br />matters reasonably related to the protection of life and property as affected by such emergency. <br />Analysis <br />In order to ensure compliance with the County Social Distancing Protocol, businesses need <br />additional outdoor areas to serve customers and allow customers to queue while waiting to enter <br />the business premises. However, provisions in the San Leandro Zoning and Municipal Codes <br />prohibit the use of adjacent outdoor public and private property for the purposes of conducting <br />business activities without the City’s authorization through an Outdoor Facilities Permit and/or <br />Encroachment Permit. <br />Under conditions of the emergency and in the interest of public health and safety, it is deemed <br />necessary to suspend enforcement of certain provisions in land use permits and planning <br />approvals issued by the City in order to encourage safe operations and promote social <br />distancing for restaurant patrons, business customers, and employees. <br />Following the Declaration by the Director of Emergency Services suspending certain provisions <br />of the Zoning and Municipal Codes, staff established the COVID-19 Relief Temporary Outdoor <br />Facilities Program (Program). The Program is a streamlined, no-cost registration process to <br />assist impacted businesses reopen quickly and in conformance with Alameda County <br />Shelter-in-Place orders. The Program is for restaurants and other commercial businesses <br />seeking to utilize outdoor areas on private property (including private parking lots) and public <br />sidewalks in compliance with the current Alameda County Shelter-in-Place Orders. <br />Registration for the program allows businesses the ability to use outdoor areas on a temporary <br />basis. Registration is free and no inspections are required. Upon registration and following the <br />guidelines, the City will waive the usual requirement for businesses to obtain a permit. <br />Recognizing the needs and limitations of businesses and the temporary nature of the outdoor <br />activities, efforts were made to keep the program as simple, expeditious and low-cost as <br />possible. <br />Page 2 City of San Leandro Printed on 7/1/2020 <br />421