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

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the Outdoor Facilities Program, including restaurants, hair salons/barbers, and personal services, through at least January 4, 2021; and WHEREAS, provisions in land use permits and planning approvals issued by the City and/or provisions in the San Leandro Zoning Code prohibit the use of adjacent outdoor private property for the purposes of conducting business activities without the City's authorization; and WHEREAS, Title 5 of the San Leandro Municipal Code prohibits encroachments into the public right-of-way or other public property without first obtaining an encroachment permit from the City through specified application processes; and WHEREAS, to ensure compliance with the Alameda County Department of Public Health 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, on July 23, 2020, an Amendment No. 1 was made to the Declaration 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, such amendment clarified the uses that were permitted to operate outdoors under the program, to include Hair Salons and Barbershops, and Bars, subject to applicable requirements, review and approval by the City of San Leandro, Alameda County Fire Department, California Department of Alcoholic Beverage Control, and other applicable agencies; and WHEREAS, such Amendment No. 1 was made administratively by the Director of Emergency Services, pursuant to his determination that such changes were only clarifying and administrative in nature and were in keeping with the intent of the original Declaration; and WHEREAS, the City of San Leandro, pursuant to its police powers, has broad authority to maintain public peace, health, and safety of its community and preserve quality of life; and WHEREAS, in adopting the Emergency Declaration, the Director of Emergency Services took action pursuant to his authority under Government Code Section 8634 and San Leandro Municipal Code Section 3-4-130(a); and WHEREAS, public safety and the public interest are deemed to be in peril and speed of implementation is of the essence. NOW, THEREFORE THE CITY OF SAN LEANDRO CITY COUNCIL RESOLVES that the above recitals are true and correct and made a part of this resolution. RESOLUTION NO. 2021-003 2