Emergency Ord. No. 2021-20. Parking Requirement Suspension and Outdoor Business Zoning Regulation Enforcement.

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 variant despite high vaccination rates; and

WHEREAS, the COVID variant is 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 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, the City Council had previously adopted an emergency ordinance imposing a moratorium on enforcement of minimum parking space requirements for businesses located in shopping centers on August 17, 2020, which would have expired on November 16, 2020; and

WHEREAS, the City Council had previously adopted an emergency ordinance suspending zoning requirements related to outdoor operations of businesses located in shopping centers on September 8, 2020, which would have expired on December 7, 2020; and

WHEREAS, City Charter Section 2.16 authorizes the re-enactment of emergency ordinances so long as the emergency continues to exist; 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 private shopping which would have expired on February 14, 2021; and

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

WHEREAS, on March 1, 2021, the City Council adopted an emergency ordinance to expand its application to cover educational facilities, including day care centers, and other educational uses, and the ordinance would have expired on May 30, 2021; and

WHEREAS, on May 17, 2021, the City Council adopted an emergency ordinance extending the moratorium, and the ordinance is set to expire on August 16, 2021; 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 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: