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City of Lakeport issues emergency order allowing businesses to use right of way for social distancing
City Manager Margaret Silveira, acting in her capacity as the city’s director of emergency services issued the order to allow businesses to use outside property including the city right of way by permit.
Businesses that may do so include, but are not limited to, retail, restaurants, and mobile food vendors, which may apply at no cost for the temporary use of the public right of way, specifically, sidewalks, as well as city-owned and private property for modified business operations as may be necessitated by the impacts of COVID-19.
The action followed by several hours a similar one taken by the city of Clearlake, as Lake County News has reported.
Lakeport’s order, which lays out the rules and requirements, is published below.
DIRECTOR OF EMERGENCY SERVICES
EXECUTIVE ORDER NO. 2020-02
ORDER OF THE DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF LAKEPORT EXPANDING THE TEMPORARY USE OF PROPERTY
FOR BUSINESSES IMPACTED BY COVID-19
WHEREAS, on March 4, 2020, Governor Gavin Newsom declared a state of emergency to exist in California as a result of COVID-19 pandemic; and
WHEREAS, on March 9, 2020, the Lake County Health Officer declared a local health emergency as a result of COVID-19; and
WHEREAS, on March 11, 2020, the Director of Emergency Services of the City of Lakeport proclaimed the existence of a local emergency within the City, which the Lakeport City Council ratified under Resolution No. 2747 (2020); and
WHEREAS, on March 12, 2020, Governor Gavin Newsom signed Executive Order N-25-20 giving state and local public health officials the authority to issue guidance limiting or recommending limitations upon attendance at public assemblies, conferences or other mass events; and
WHEREAS, on March 13, 2020, the President of the United States declared a national emergency as a result of COVID-19; and
WHEREAS, the Governor of the State of California, the Lake County Public Health Officer and the City Council of the City of Lakeport have issued a series of Orders that restrict the type of businesses that can operate and how those businesses can provide goods and services to the public due to the risk of the spread of COVID-19; and
WHEREAS, beginning May 8, 2020 Governor Newsom began “Stage 2” of a reopening plan for businesses in California, allowing for businesses within specified industries to reopen with modifications, and
WHEREAS, businesses permitted to reopen must comply with federal, state and local directives and guidelines to ensure compliance with social distancing requirements and other COVID-19 risk mitigation measures, and
WHEREAS, on May 18, 2020, Lake County received a variance from the State Department of Public Health to move further into Stage 2 of reopening based on readiness criteria and the issuance of guidance and plans designed to mitigate the spread of COVID-19; and
WHEREAS, to comply with public health orders, the City of Lakeport recognizes that businesses need to have the ability to modify operations which require unique allowances and temporary relief from certain zoning and land use regulations, and
WHEREAS, the City Manager is designated as the Director of Emergency Services under Lakeport Municipal Code section 2.28.110 and has been authorized by Resolution No. 2747 to take any measures necessary to protect and preserve health and safety consistent with Government Code section 8634; and
NOW, THEREFORE, I, Margaret Silveira, City Manager of the City of Lakeport, as Director of Emergency Services, in accordance with the authority vested in me by Government Code section 8634 and Lakeport Municipal Code section 2.28.120(F)(1) do hereby issue the following order to become effective immediately:
IT IS HEREBY ORDERED THAT:
1. Businesses including but not limited to retail, restaurants, and mobile food vendors may apply at no cost for the temporary use of the public right of way (e.g., sidewalks), City-owned and private property for modified business operations as may be necessitated by the impacts of COVID-19, subject to the following requirements:
a. Businesses must submit a proposed Temporary Use Permit Application in a form approved by the City Manager to the Community Development Office, which shall include but not be limited to a sketch of the areas where seating or display of goods are to be moved or relocated;
b. Businesses must comply with all local, state and federal laws, regulations and guidelines governing the temporary use, including public health orders and industry-specific COVID-19 requirements;
c. All licensing requirements of the California Department of Alcohol and Beverage Control (“ABC”), County of Lake Environmental Health Department and any other legally authorized department must be obtained and maintained;
d. The use of the property shall not interfere with access under the American with Disabilities Act, or unreasonably restrict pedestrian and vehicular traffic;
e. No permanent item or structure may be installed except through the normal building and planning process;
f. For liability and ABC Considerations, adjacent or additional space must be on the same parcel or adjacent parcel owned by the same party;
g. Businesses must provide written approval by the landlord, if different than the business owner, for the proposed use;
h. Temporary signage may be placed advertising the use of additional property;
i. No extended use or signage may interfere with vehicular or pedestrian traffic;
j. The use area will be maintained in an attractive, clean and safe manner. During non-operational hours, furnishings shall be secured or stored inside;
k. If the business is using City-owned property or the public right of way, the business shall provide the City with a Certificate of Insurance in the amounts required by the City Manager and Additional Insured Endorsement naming the City of Lakeport as additionally insured;
l. Any street, sidewalk or other City improvements shall be returned to the City in the condition prior to granting of the Temporary Use Permit.
2. The City of Lakeport reserves the right to determine on a case-by-case basis the suitability and appropriateness of the use requested by the business in the Temporary Use Permit Application. The requested use must have limited impact on other businesses operating in close proximity.
3. A Temporary Use Permit may be approved and issued without providing notice of or conducting a hearing on the application that would otherwise be required in the Use Permit process.
4. The City may impose conditions of approval and set timelines for compliance that is deemed reasonable and necessary to assure safe and orderly use of the property and assure compatibility with surrounding land use, if appropriate. The City will evaluate and may grant temporary encroachment permit to designate public parking spots for curbside pick-up and to help facilitate take out service by customers.
5. A Temporary Use Permit is an interruptible privilege. The City may interrupt operation of the temporary use at any time for anticipated or actual conflicts.
a. No real property right is provided, given or otherwise conveyed to any person or entity through a Temporary Use Permit.
b. The City reserves the right to suspend or revoke temporary use granted under this Order.
6. These temporary waivers, if granted, will only be in effect for so long as the Declared Local Emergency is in effect and may be modified or rescinded by the Director of Emergency Services or City Council.
7. This Order is effective immediately upon signature of the Directory of Emergency Services as indicated below and subject to City Council confirmation under Lakeport Municipal Code section 2.28.120(F)(1).
8. This Order shall be filed in the office of the City Clerk, posted at Lakeport City Hall, on the City’s website, published in a local newspaper, and posted in public spaces as practicable.
9. If any provision of this Order to the application thereof to any person or circumstance is held to be invalid, the reminder of the Order, including the application of such part or provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this Order are severable.
SO ORDERED.
___________________________________
Margaret Silveira
Director of Emergency Services
City of Lakeport