Reso 2022-189 Business Facilities Grant Program

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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO. 2022-189 RESOLUTION OF THE CITY OF SAN LEANDRO CITY COUNCIL TO AUTHORIZE THE CITY MANAGER TO APPROVE REALLOCATION OF FUNDS FOR A BUSINESS FACILITIES GRANT PROGRAM AND TO TERMINATE 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 AND ZONING CODES RELATED TO THE COVID-19 RELIEF TEMPORARY OUTDOOR FACILITIES PROGRAM WHEREAS, on March 16, 2020, the City Council of the City of San Leandro (City) ratified the Director of the Emergency Services' 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, during the initial months of the COVID-19 pandemic, indoor dining at restaurants was prohibited or significantly limited, and public health officials strongly recommend prioritizing outdoor seating and curbside pickup to minimize cross flow of customers in enclosed environments; 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, in order to ensure compliance, businesses could comply with the then applicable health orders and guidance and could continue to operate during the COVID-19 Pandemic, the Director of Emergency Services issued a declaration on June 17, 2020, suspending enforcement of certain provisions in land use permits and approvals as well as zoning and encroachment requirements in the San Leandro Zoning and Municipal Codes (as previously amended, the "Declaration," and WHEREAS, the Declaration was subsequently confirmed by the City Council; and WHEREAS, the Declaration was not intended to provide permanent authorization for businesses to operate in violation of permits or the requirements of the San Leandro Zoning or Municipal Codes but rather to provide temporary flexibility to businesses; and WHEREAS, the City Council desires to terminate the Declaration and require all businesses to comply with applicable requirements of permits, as well as the San Leandro Zoning and Municipal Codes; and