Emergency Ord. No. 2022-01. Outdoor Business Parking Requirements and Zoning Regulations.

An Emergency Ordinance Imposing a Moratorium on Enforcement of Minimum Parking Space Requirements and Enforcement of Zoning Regulations for Outdoor Businesses

WHEREAS, the Governor of California has issued Executive Order N-25-20, requiring all residents to heed any orders or guidance of state and local health officials including but not limited to the imposition of social distancing measures, to control the spread of COVID-19; and

WHEREAS, the County is experiencing a high level of community transmission of the unvaccinated population and breakthrough transmissions of the COVID Delta and Omicron variants despite high vaccination rates; and

WHEREAS, the COVID variants are highly transmissible in indoor settings; and

WHEREAS, on August 3, 2021, the Health Officer of San Mateo County issued Order No. C19-12, requiring face coverings in indoor workplace and public settings for all people regardless of their vaccination status; and

WHEREAS, the City wishes to remove any impediments to outdoor operations; and

WHEREAS, the City's minimum parking space requirements are codified in Municipal Code Section 27.64.160; and

WHEREAS, minimum parking space requirements are also sometimes included as planning application conditions of approval; and

WHEREAS, the City's zoning regulations are codified in Municipal Code Title 27; and WHEREAS, some Zoning Code provisions prohibit outdoor operation of businesses; and

WHEREAS, on June 15, 2020, the City Council adopted an emergency ordinance imposing a moratorium on enforcement of minimum parking space requirements for restaurants located in shopping centers, with the ordinance set to expire on September 13, 2020; and

WHEREAS, on August 17, 2020, the City Council adopted an emergency ordinance imposing a moratorium on enforcement of minimum parking space requirements for businesses located in shopping centers. The ordinance was expanded from what was approved on June 15, 2020 to cover gyms and fitness centers, places of worship, personal care services, hair salons and barber shops, and shopping malls. This ordinance was set to expire on November 16, 2020; and

WHEREAS, on September 8, 2020, the City Council had adopted an emergency ordinance suspending zoning requirements related to the outdoor operation of businesses located in shopping centers, with the ordinance set to expire on December 7, 2020; and

WHEREAS, on November 16, 2020, the City Council adopted an emergency ordinance extending the moratorium on minimum parking space requirements and the suspension of zoning requirements for businesses in shopping centers, with the ordinance set to expire on February 14, 2021; and

WHEREAS, on February 1, 2021, the City Council adopted an emergency ordinance extending this moratorium through May 2, 2021; and

WHEREAS, on March 1, 2021, the City Council adopted an expanded emergency ordinance that also covered educational facilities, including day care centers, and other educational uses, with the ordinance set to expire on May 30, 2021; and

WHEREAS, on May 17, 2021, the City Council adopted an emergency ordinance extending the moratorium, with the ordinance set to expire on August 17, 2021; and

WHEREAS, on August 16, 2021, the City Council adopted an emergency ordinance extending this moratorium, with the ordinance set to expire on November 15, 2021; and

WHEREAS, on November 15, 2021, the City Council adopted an emergency ordinance extending this moratorium, and the ordinance is set to expire on February 13, 2022; and

WHEREAS, the COVID-19 pandemic is ongoing, and the City Council wishes to continue suspending minimum parking space and zoning requirements, so long as all affected activities abide by City guidelines; and

WHEREAS, the City of San Mateo is a charter city; and

WHEREAS, City Charter Section 2.16 authorizes the re-enactment of emergency ordinances so long as the emergency continues to exist; and

WHEREAS, City Charter section 2.16 provides that any ordinance declared by the City Council to be necessary as an emergency measure for preserving the public peace, health, safety, or welfare and containing the reasons for its urgency, may be introduced, and passed at one meeting.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF SAN MATEO ORDAINS AS FOLLOWS:

(a) Minimum parking space requirements codified in San Mateo Municipal Code Section 27.64.160;

(b) Minimum parking space requirements imposed as a planning application condition of approval; and

(c) Enforcement of City Zoning Code requirements that uses be conducted in an enclosed building.

The foregoing ordinance was adopted by the City Council of the City of San Mateo, State of California by the following vote:

ATTEST: