2020-022 - Approving Temporary Outdoor Public Space Expansion and Temporary Modifications to Specific Provisions Related to Business Permits, Processes, Provisions, and Activities During COVID-19RESOLUTION 2020-022
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
APPROVING TEMPORARY OUTDOOR PUBLIC SPACE EXPANSION AND TEMPORARY
MODIFICATIONS TO SPECIFIC PROVISIONS RELATED TO BUSINESS PERMITS,
PROCESSES, PROVISIONS, AND ACTIVITIES DURING THE COVID-19 PANDEMIC TO
OFFER ECONOMIC RELIEF, RECOVERY, AND OPPORTUNITIES FOR COMMUNITY AND
ECONOMIC VITALITY
WHEREAS, pursuant to the Town's police power, as granted broadly under Article XI,
Section 7 of the California Constitution, the Town Council has the authority to enact and
enforce ordinances and regulations for the public peace, morals, and welfare of the Town and
its residents; and
WHEREAS, pursuant to California Government Code Section 8680.9, a local emergency
is a condition of extreme peril to persons or property proclaimed as such by the governing body
of the local agency affected by a natural or manmade disaster; and
WHEREAS, California Government Code Section 8634 states that "During a local
emergency the governing body of a political subdivision, or officials designated thereby, may
promulgate orders and regulations necessary to provide for the protection of life and
property..."; and
WHEREAS, the purpose of a local emergency proclamation is to provide extraordinary
powers to issue rules and regulations on matters reasonably related to the protection of life
and property as affected by such emergency, obtain vital supplies, and require emergency
services of employees; and
WHEREAS, international, national, state, and local health and governmental authorities
are responding to an outbreak of respiratory disease caused by a novel coronavirus named
"SARS-CoV-2," and the disease it causes has been named "coronavirus disease 2019,"
abbreviated COVID-19, ("COVID-19"); and
WHEREAS, on January 30, 2020, the World Health Organization declared the Covid-19
outbreak a Public Health Emergency of International Concern; and
WHEREAS, on January 30, 2020, the United States Secretary of Health and Human
Services declared a Public Health Emergency; and
WHEREAS, on January 31, 2020, the first case of COVID-19 was confirmed in Santa Clara
County ("County"); and
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WHEREAS, on February 10, 2020, the Santa Clara County Board of Supervisors and
Department of Public Health declared a local emergency and local public health emergency to
aid the regional healthcare and governmental community in responding to COVID-19; and
WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of
emergency to make additional resources available, formalize emergency actions already
underway across multiple state agencies and departments, and help the state prepare for
broader spread of COVID-19; and
WHEREAS, on March 11, 2020, the World Health Organization declared COVID-19 an
International Pandemic; and WHEREAS, on March 12, 2020, the Town Manager of Los Gatos
acting in the capacity of Town of Director of Emergency Services, issued a Proclamation of Local
Emergency; and
WHEREAS, on March 13, 2020, the President of the United States of America declared a
national emergency and announced that the federal government would make emergency
funding available to assist state and local governments in preventing the spread of and
addressing the effects of COVID-19; and
WHEREAS, on March 16, 2020, the Santa Clara County Department of Public Health
directed all individuals in the County to Shelter in Place and mandated requirements, including
but not limited to, social distancing, staying home if sick, canceling or postponing group events,
working from home, and other precautions to protect public health and prevent transmission of
this communicable virus; and
WHEREAS, on March 17, 2020, the Town Council of the Town of Los Gatos ratified the
Proclamation of Local Emergency; and
WHEREAS, the pandemic and necessary federal, state and local public health orders
requiring social distancing to prevent spread of COVID- 19 have had and will continue to have
devastating economic impacts on the local community, including residents, businesses,
employees and Town operations; and
WHEREAS, the longer the emergency order is in place, the more difficult it will be for
small retail and restaurant operators to return and reopen their businesses; and
WHEREAS, although the Town continues to be in an emergency response phase, an
emergency management principle has been established that recovery planning must begin as
early as possible to strengthen community resilience while shortening the economic recovery
timeline; and
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WHEREAS, some of the actions that the Town has taken during this state of emergency
to support local business are: eviction protections; suspension of rent for Town owned
Facilities; a website with COVID 19 and business resources; and assistance for restaurants and
food retailers by allowing sales of alcohol via delivery and takeout, providing flexibility for
restaurants to sell groceries, and allowing curbside pickup; and
WHEREAS, due to the severe economic impacts of COVID- 19 and its economic impacts
on the community and the Town organization, the Council deems it necessary to take
additional action to suspend enforcement of certain provisions of the Town of Los Gatos Town
Code and provide temporary process streamlining measures to facilitate the retention and
attraction of Los Gatos businesses during the COVID-19 pandemic, reduce economic impacts,
foster recovery, encourage economic vitality, and reduce commercial vacancies; and specified
below to support social distancing requirements, effective public communication related to
rapidly transitioning business re -opening status, and economic viability of businesses in
adhering to permitted opening and social distancing requirements; and
WHEREAS, the below measures are intended to provide economic relief to businesses
that are experiencing economic uncertainty while complying with State and County Orders.
Accordingly, the Town will facilitate a temporary " pilot" program, which will include the
development and implementation of a plan to use the right- of -way, sidewalks and streets to
help maintain social distancing during the first few phases ( stages) of reopening consistent
with the State's Resilience Roadmap and continued economic support of businesses for uses
such as walking space, outdoor dining, and pick- up/delivery areas. The program would provide
for residents to receive the health and wellness benefits of being outdoors and support
businesses with enough space to safely physically distance; and
WHEREAS, the program is established for the purpose of supporting and facilitating the
recovery of business and economic activity in the Town by expanding the spaces available for
the safe conduct of such activities for Town businesses and their customers and patrons to
create more physical distance for pedestrians and business patrons to maintain physical
distancing; and nothing herein is intended to nor shall be deemed to create open gathering
places or public fora unrelated to the intended business support and recovery purpose; and
WHEREAS, Over the years, the Town's conservative budgeting practices have resulted in
healthy reserves and frequent annual budgetary surplus with a balanced Operating Budget for
Fiscal Year 2020-2021 with no reductions to service, despite significant revenue and other
economic impacts from sheltering -in -place. Those reserves and surpluses are now paying the
Town huge dividends during the COVID 19 crisis; and
WHEREAS, on May 26, 2020, the Town Council reallocated $1,900,000 in prior surpluses
reserved for downtown streetscape revitalization toward COVID-19 economic stimulus recovery
efforts. This is one of the single largest economic recovery packages ever proposed in the
Town's history; and
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Resolution 2020-022 June 2, 2020
WHEREAS, time is of the essence to quickly implement a program to allow for safe
physical distancing consistent with the State' s Resilience Roadmap and County Guidelines in
order to address both public health and economic impacts of COVID-19, as residents have been
primarily indoors since the initiation of the State and County Orders, this will be a dynamic
temporary program, receiving input from the Town Council, and shall be subject to
administrative modification by the Town, as authorized herein, as necessary in response to
emerging issues or concerns of public, health, safety or convenience; and
NOW, THEREFORE, BE IT PROCLAIMED AND RESOLVED by the Town Council of the
Town of Los Gatos that:
SECTION 1. All recitals set forth above, and all recitals included in support of Federal,
State and County actions referenced herein, are adopted as though fully set forth herein as
findings in support of this Resolution and, after considering all such findings and current local
circumstances the Council hereby declares the continuing existence of a local emergency
related to the continued threat of COVID- 19 as it relates to public health and economic
impacts; and
SECTION 2. In order to support the re -opening of restaurants and other businesses in
accordance with the State Executive Order N-60-20, the Town Council hereby directs and
authorizes the Town Manager to implement the following strategies that may be used
independently or in combination. as outlined below:
1. As identified by the Town generally along N. Santa Cruz Avenue (south of Highway 9/Los
Gatos -Saratoga Road) and Main Street, private businesses in the C-2 Zone are permitted
to utilize public street parking spaces in proximity to their business for expanded dining
and alcohol service, retail, or business use space to facilitate safely distanced pedestrian
circulation, expanded outdoor dining and alcohol service, and customer queuing, pickup
and waiting areas associated with permitted business activities and pursuant to the
terms agreed upon in an Economic Recovery Agreement between the business and the
Town;
2. Suspend parking requirements in private commercial lots to allow some parking spaces
to be utilized for restaurant seating or business activities given sufficient parking
remains available for customer use, and to allow for such to facilitate safely distanced
pedestrian circulation, expanded outdoor dining and alcohol service, customer queuing,
and pickup and waiting areas associated with permitted business activities and pursuant
to the terms of agreed upon in an Economic Recovery agreement between the business
and the Town;
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3. Allow pop-up patios, parklets, and other areas to encourage and support additional
ideas for outdoor space such as use of parts of the sidewalk for signage, merchandise
and queueing, where adequate sidewalk width exists consistent with disabled access
requirements and public safety; and
4. Current Los Gatos businesses may relocate, expand, or open an additional business
location without obtaining a new Conditional Use Permit provided the business enters
into an Economic Recovery agreement with the Town, documenting that any change of
ownership is subject to a new Conditional Use Permit or Conditional Use Permit
modification consistent with the existing Town Code;
5. The requirement for personal service businesses to obtain a Conditional Use Permit in
the C-2 zone is suspended provided the business enters into an Economic Recovery
agreement with the Town, documenting that any change of ownership is subject to a
new Conditional Use Permit consistent with the existing Town Code;
6. The cost for a new Conditional Use Permit is reduced by 50% with the Town paying the
balance of the fees;
7. Alcohol consumption is permitted with meals in Town parks, temporary pop-up parks,
temporary patio dining, and parklets; and
8. The expiration date for all building permits and planning entitlements shall be extended
by two years.
SECTION 5. Environmental Review. As a result of the COVID- 19 public health emergency,
the Town of Los Gatos proposes a temporary program to use the right- of -way, sidewalks and
streets to help maintain social distancing during the first few phases ( stages) of reopening
consistent with the State' s Resilience Roadmap and provide for residents to receive the health
and wellness benefits of being outdoors and support businesses with enough space to safely
physically distance. The proposed project is exempt from environmental review pursuant to the
California Environmental Quality Act (CEQA) as followed:
A. The project is statutorily exempt under State CEQA Guidelines Section 15269
Emergency Projects), because the temporary program includes specific actions that
would allow for safe physical distancing consistent with the State' s Resilience
Roadmap and County and State Guidelines in order to mitigate the COVID- 19 public
health emergency.
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Resolution 2020-022 June 2, 2020
B. The project is categorically exempt under State CEQA Guidelines Section 15301
Existing Facilities) because the actions identified in the program are limited to the
permitting, leasing, and minor alteration of existing public facilities, including
existing streets, sidewalks, bicycle and pedestrian trails, which would not result in
the creation of additional automobile lanes. The program would result in a negligible
expansion of existing commercial uses and a negligible expansion of the public' s use
of Town right of- way, as the uses included in the temporary program would not
vary from the current uses of commercial businesses, residential areas, or public
access within the Town' s right- of -way.
SECTION 6. Notwithstanding any other Town policy or procedure, the Town Engineer
shall be authorized to review and approve on behalf of the Town any and all design and
construction necessary as part of the temporary program herein and the Town Manager shall
be authorized to enter into agreements on behalf of the Town to implement the strategies
herein without further action of the Town Council.
SECTION 3. Any provision of the Los Gatos Town Code or any appendix thereto
inconsistent with the provisions of this Resolution, to the extent of such inconsistencies and no
further, is hereby repealed or modified to that extent necessary to affect the provisions of this
Resolution.
SECTION 7. All current and prior emergency and public health orders as currently
enacted and in effect, or as subsequently amended or modified, issued by the Governor, the
State or County Public Health Official or the Town or County Emergency Services Director are
expressly adopted
SECTION 8. This Resolution is in effect for one year from its adoption with a six-month
review by the Town Council.
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Resolution 2020-022 June 2, 2020
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 2nd day of June 2020 by the following vote:
COUNCIL MEMBERS
AYES:
Rob Rennie, Marico Sayoc, Barbara Spector, Mayor Marcia Jensen
NAYS:
None
ABSENT:
None
ABSTAIN:
None
SIGNED:
C�
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
ATTEST:
Mor
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: � -3 - 2 0 2 0
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Resolution 2020-022 June 2, 2020