HomeMy WebLinkAboutCC Reso 2020-60 - Confirming City Mgr Emerg Ord Expanding Temp Use of Prop by COVID hit Businesses
EMERGENCY ORDER OF THE CITY MANAGER OF THE CITY OF
UKIAH, IN HIS CAPACITY AS THE DIRECTOR OF EMERGENCY
SERVICES FOR THE CITY,EXPANDING THE TEMPORARY USE
OF PROPERTYFOR BUSINESSESIMPACTED BY COVID-19.
A. Background:
1.On March 4, 2020, the Governor of the State of California responded to the COVID-
19 pandemic by issuing a Proclamation of State of Emergency under the authority of
California Government Code Section 8625.
2.On March 18, 2020, in Resolution No. 2020-14, in response to the Governor’s
proclamation and the threat of the spread of COVID-19 in the City, the City Council
ratified the proclamation of a local emergency pursuant to Government Code
Section 8550, et seq., and Ukiah City Code Section 5125.
3.Under the Local Emergency Declaration in Resolution No. 2020-14, during the
existence of this local emergency, the City Manager or his designee is authorized to
take whatever action is authorized under the Ukiah City Code and stateand federal
law, subject to any required authorization from the City Council, consistent with the
Resolution and its basic purposes.
4.Under Ukiah City Code Section 5130and consistent with California Government
Code Section 8634, in a declared local emergency the City Manager has the
authority to promulgate orders and regulations to provide for the protection of life
and property, where necessary to preserve the public order and safety.All such
orders and regulations to be effective must be in writing and signed by the
promulgating official and must be confirmed at the next regular meeting of the City
Council.
5.The Governor and Mendocino County Health Officer haveissueda series of orders
that restrict the type of business that can operate and how those businesses can
provide services and goods dueto the risk of COVID-19 infection.
6.Businessespermitted to open are required tomodify their operations to comply with
federal, state, and local directives and guidelinesto ensure compliance with Social
Distancing Requirementsand other COVID-19 risk mitigation measures.
7.In order to comply with health orders, the City of Ukiah recognizes that business
need to have the ability to modify operations which require unique allowances and
temporary relief from certain zoning and land use regulations.
8.On May 5, 2020, the City Manager issued an emergency order which was
subsequently ratified by the City Council expanding the temporary use of property
for businesses impacted by COVID-19 through December 31, 2020.
9.The impacts of COVID-19 are ongoing and will continue for an extended period of
time beyond December 31, 2020;in order to continue to provide for the expanded
temporary use of property,this continuing order is necessary.
300 Seminary Avenue •Ukiah •CA •95482-5400
Phone:(707)463-6200Fax:(707)463-6204www.cityofukiah.com
B. Order
IT IS ORDERED by the City Manager, in his capacity as the Director of Emergency
Services for the City of Ukiah, as follows:
1.Businesses including but not limited to retail, restaurants, and mobile food vendors
may apply at no cost for the temporary use ofCity-ownedand private property for
modified business operations as may be necessitated by the impacts of COVID-19,
subject to the following requirements:
a.Businesses desiring to utilize public or private property beyond that which is
otherwise permitted shallsubmit a no-fee Temporary Use Permit Application
in a form approved by the City Manager, which shall includea description of
proposed useand adrawing/depiction of the proposed location andlayout.
b.The Director of Community Development or his designee may approve and
issue the permit without providing notice of or conducting a hearing on the
application otherwise required of a use permit application.
c.The City reserves the right to determine on a case-by-case basis the
suitability andappropriateness of the userequested by the business.The
requested useshall havelimited impact on other businesses operating in
close proximity.
d.The City may impose Conditions of Approvalon any temporaryuse that is
deemed reasonable and necessary to promote the safe and orderly use of the
property and assure compatibility with surrounding land use.
e.The use area and any furnishingsshall be maintained in an attractive, clean
(free from spills, litter and other debris) andsafe manner. During non-
operational hours, furnishings shall be secured withinthe use areaor stored
indoors.
f.Businessesmust comply with all local, state and federal laws, regulations,
and guidelines governing thetemporaryuseincluding public health orders.
Food vendors/Restaurantsmust maintain a food facilitypermit from the
County of Mendocino Environmental Health Division,and alcoholic beverage
salesare not permitted without a license, permit or other legally authorized
approval issued by the California Department of Alcohol and Beverage
Control.
g.The businessmust havea valid sellers’permit issued by the State Board of
Equalization and aCity of Ukiah business license.
h.Temporary signage may be placed to designate and/or advertise the use;
signs shall not be dangerous or hazardous to vehicles or pedestrians.
i.The use ofproperty shall not interfere with vehicular andpedestrian traffic, or
access under the Americans with Disabilities Act.
j.No permanent item or structure may be installedexceptfor that which may be
permitted through the normal building and planning process.
300 Seminary Avenue •Ukiah •CA •95482-5400
Phone: (707)463-6200Fax:(707)463-6204www.cityofukiah.com
k.Any such temporary use permittedshall ceaseupon termination of this Order,
and thebusinessshall returnthe property to the condition existing at the time
of permit issuance.
l.Any street, sidewalk, or City improvements, furnishings, and
utilities damaged or destroyed by use and/or facility shall be replaced to City
standards with the costborne by thebusiness.
m.When utilizing City-owned property, the businessmust provide the City of
Ukiah with a Certificate of Insurance and Additional Insured Endorsement
naming the Cityof Ukiah as additionally insured in the amount of $1,000,000
(one million dollars).Exemptions may apply within the Downtown Business
Improvement District, which provides coverage for and has provisions for
some accessory objects under the Ukiah Main Street Program. Higher limits
may apply with high-risk activities.
n.No real property right is provided, given, or otherwise conveyed to any person
or entityusing City-owned propertyas provided herein.
o.A temporary use permit in the public right-of-away is an interruptible
privilege. The City may interrupt the operation of a temporary use at any time
due to anticipated or actual conflicts. Such conflicts may arise from, but are
not limited to, repairs or upgrades to the street, sidewalk, utilities, or other
public improvement within the public right-of-way, or demonstrations or
emergencies occurring in the area.
p.The City reserves the right to suspend temporary use granted under this
Order if a business fails to comply with any of the requirements.
2.The provisions in the Ukiah Municipal Code limiting temporary signage such as, for
example, A-frame, window signsor banner signs, for business advertisement and
promotion are suspendeduntil the termination of this Order, provided that such signs
do not block, impede or otherwise interfere with the public rights-of-way and the safe
travel of vehicles andpedestrians.
3.Usage Fees for existing Outdoor Dining Permits are suspended until the termination
of this Order.
C. Other
1.This Order shall be effectiveuntil the termination of the local emergencyor
otherwise as deemed appropriate by the City Council, whichever comes first.
2.This Order is not intended to, and does not, create any rights or benefits, substantive
or procedural, enforceable at law or in equity, against the City of Ukiah, its
departments, officers, employees, or any other person.
3.Ifany provision of this Order orthe application thereof to any person or
circumstances is held to be invalid, the remainder 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.
300 Seminary Avenue •Ukiah •CA •95482-5400
Phone: (707)463-6200Fax:(707)463-6204www.cityofukiah.com
4.This Order shall be filed in the City Clerk's Office and given widespread publicity and
notice.
21.24.3131
_______________________________Dated:________________
Sage Sangiacomo, City Manager
Director of Emergency Services, City of Ukiah
300 Seminary Avenue •Ukiah •CA •95482-5400
Phone: (707)463-6200Fax:(707)463-6204www.cityofukiah.com
