Reso 2020-080 Declaration of Emergency Suspending Enforce of certain land use permits and approvals

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WHEREAS, to ensure compliance with the County Social Distancing Protocol, businesses need additional outdoor areas to serve customers and allow customers to queue while waiting to enter the business premises; and WHEREAS, under conditions of the emergency and in the interest of public health and safety, it is deemed necessary to suspend enforcement of certain provisions in land use permits and planning approvals issued by the City and certain provisions in the San Leandro Zoning Code and Municipal Code; and WHEREAS, life and property are deemed to be in peril and speed of implementation is of the essence. NOW, THEREFORE, BE IT RESOLVED, I, Jeff Kay, as Director of Emergency Services, declare that the City shall, subject to the conditions and limitations contained in Exhibit A and Exhibit B hereto, which are incorporated herein and shall constitute part of this regulation, suspend enforcement of provisions contained in land use permits or other planning approvals and the provisions of the San Leandro Zoning Code or Municipal Code, including, without limitation, those contained in Title 5, that are in conflict with the terms of this regulation. This regulation shall apply only to businesses operating from a building within the City; mobile businesses of any type are not covered by this regulation. Except as expressly exempted in Exhibit A or Exhibit B, businesses shall continue to comply with all other requirements in their approved land use permits or other planning approvals and applicable City, County, State and Federal laws, orders and regulations, including, without limitation, Orders from the County of Alameda Health Officer, the California Retail Food Code, the California Alcoholic Beverage Control Act and regulations and notices issued by the Department of Alcoholic Beverage Control (ABC), the San Leandro Fire Code, the San Leandro Building Code and the Americans with Disabilities Act (ADA); and BE IT FURTHER RESOLVED that this regulation shall become effective as of 12:01 a.m. on June 19, 2020 and remain in effect until December 31, 2020, or the termination of the local state of emergency, whichever occurs first; or as otherwise terminated, modified or extended by the San Leandro City Council; and BE IT FURTHER RESOLVED, any violation of this regulation shall be subject to enforcement and penalty as provided under San Leandro Municipal Code Chapter 1-12. June 17, 2020 Date Jeff Kay L\ Director of Emergency Services