Reso 2021-003 Amdt 2 Declaration of Emergency Land Use Permits and Approvals and Zoning and Encroachment Reqs

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RESOLUTION THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO. 2021-003 RESOLUTION OF THE CITY OF SAN LEANDRO CITY COUNCIL CONFIRMING AMENDMENT NO.2 TO THE DECLARATION OF THE DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF SAN LEANDRO SUSPENDING ENFORCEMENT OF CERTAIN PROVISIONS IN LAND USE PERMITS AND APPROVALS AND ZONING AND ENCROACHMENT REQUIREMENTS IN THE SAN LEANDRO MUNICIPAL CODE RELATED TO THE COVID-19 RELIEF TEMPORARY OUTDOOR FACILITIES PROGRAM (AMENDMENT NO.2 REMOVES REFERENCE TO THE DECEMBER 31,2020 END DATE) WHEREAS, on March 16, 2020, the City Council of the City of San Leandro ("City") ratified the Director of Emergency Service's Proclamation of Local Emergency due to the outbreak of a novel coronavirus in the City; and WHEREAS, pursuant to California Government Code Section 8634 and San Leandro Municipal Code Section 3-4-130(a), the Director of Emergency Services is empowered upon the proclamation of a local emergency to make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; and WHEREAS, on March 16, 2020 the Health Officer of Alameda County issued an Order directing all individuals to shelter in place and requiring essential businesses to implement Social Distancing Protocols (`Shelter in Place Order'); and WHEREAS, the Health Officer of the County of Alameda has issued revised Shelter In Place Orders on March 31, 2020, and May 18, 2020, and June 5, 2020, extending restrictions on activities and requiring individuals to shelter at home, allowing for certain specified activities, and requiring that all businesses and organizations allowed to operate develop and comply with a Site Specific Protection Plan; and WHEREAS, on June 18, 2020 the Health Officer of Alameda County revised the June 5, 2020 Order, effective June 19, 2020, to allow outdoor museums, outdoor restaurant dining, religious services, indoor/outdoor retail, and outdoor fitness classes to reopen, subject to continuance of Social Distancing Protocol and compliance with a Site Specific Protection Plan; and WHEREAS, on October 21, 2020 the Health Officer of Alameda County revised the June 5, 2020 Order, effective October 23, 2020, to allow indoor restaurant dining as well as other specified activities, with indoor dining limited to 25% capacity or 100 people, whichever is less; and WHEREAS, on November 17, 2020 the Health Officer of Alameda County issued a new Shelter in Place Order, aligning the activities permitted to operate with those that are permitted to operate within the Purple colored tier under the State of California's Blueprint for a Safer Economy, with restaurants, gyms and fitness centers, religious services and several other business types no longer permitted to operate indoors; and WHEREAS, on December 6, 2020, Alameda County enacted the State's Regional Stay at Home Order, which restricts indoor and outdoor activities of various business types utilizing