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File Number: 20-600 <br />services, indoor/outdoor retail, and outdoor fitness classes to reopen, subject to continuance of <br />Social Distancing Protocol and compliance with a Site Specific Protection Plan; and <br />WHEREAS, on October 21, 2020 the Health Officer of Alameda County revised the June <br />5, 2020 Order, effective October 23, 2020, to allow indoor restaurant dining as well as other <br />specified activities, with indoor dining limited to 25% capacity or 100 people, whichever is less; <br />and <br />WHEREAS, on November 17, 2020 the Health Officer of Alameda County issued a new <br />Shelter in Place Order, aligning the activities permitted to operate with those that are permitted to <br />operate within the Purple colored tier under the State of California’s Blueprint for a Safer <br />Economy, with restaurants, gyms and fitness centers, religious services and several other <br />business types no longer permitted to operate indoors; <br />WHEREAS, on December 6, 2020, Alameda County enacted the State’s Regional Stay <br />at Home Order, which restricts indoor and outdoor activities of various business types utilizing the <br />Outdoor Facilities Program, including restaurants, hair salons/barbers, and personal services, <br />through at least January 4, 2021; and <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, on July 23, 2020, an Amendment No. 1 was made to the Declaration <br />Suspending Enforcement of Certain Provisions in Land Use Permits and Approvals and Zoning <br />and Encroachment Requirements in the San Leandro Municipal Code Related to the COVID-19 <br />Relief Temporary Outdoor Facilities Program, such amendment clarified the uses that were <br />permitted to operate outdoors under the program, to include Hair Salons and Barbershops, and <br />Bars, subject to applicable requirements, review and approval by the City of San Leandro, <br />Alameda County Fire Department, California Department of Alcoholic Beverage Control, and <br />other applicable agencies; and <br />WHEREAS, such Amendment No. 1 was made administratively by the Director of Emergency <br />Services, pursuant to his determination that such changes were only clarifying and administrative <br />Page 2 City of San Leandro Printed on 12/30/2020 <br />259