HomeMy WebLinkAboutORD-20-1413U (URGENT AMENDING URGENCY ORDINANCE 20-1410U)
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URGENCY ORDINANCE NO. 20-1413U
AN URGENCY ORDINANCE OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, AMENDING ORDINANCE NO 20-1410U, THAT
IMPLEMENTED A TEMPORARY PERMIT FOR OUTDOOR
DINING/SEATING AND OUTDOOR RETAIL DISPLAY TO ASSIST
IN THE REOPENING OF RESTAURANTS, FOOD, AND RETAIL
ESTABLISHMENTS DURING COVID-19
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Findings
A. The findings set forth in Ordinance No. 20-1410U, implementing a Temporary Permit The
findings set forth in Ordinance No. 20-1410U, Implementing a Temporary Permit for Outdoor
Dining/Seating and Outdoor Retail Display to Assist in the Reopening of Restaurants, Food and
Retail Establishments during COVID19, are still applicable and incorporated herein by reference.
B. Since the adoption of Ordinance No. 20-1410U, the County Health Department has reported
a sharp increase in new confirmed COVID-19 cases and hospitalizations in the County and
various cities including the City of Hermosa Beach.
C. According to the County Health Officer, evidence demonstrates that the timing of these
increases is in line with the reopening of key sectors, including bars which are places where
people remove their face covering to drink while they may be socializing with people not in
their households.
D. As a result, on July 1, 2020, the County Health Officer amended its “Reopening Safer at
Work and in the Community for Control of COVID-19, Moving the County of Los Angeles
into Stage 3 of California’s Pandemic Resilience Roadmap” to backtrack on the reopening
of restaurants and among other things, temporarily prohibit indoor in-person dining.
E. There is still no vaccine proven to combat the disease, and recent evidence demonstrates
how rapidly the disease can spread through person-to-person contact and those in close
proximity
F. The City Council desires to extend the duration of Ordinance No. 20-1410U to
continue to assist in the economic recovery of City business and restaurants during the
pandemic and to heed State and County safety measures to prevent the further spread of
COVID-19.
G. This Ordinance is adopted pursuant to Government Code section 36937, for the
preservation of the public peace, health, and safety of residents living within the City, and
finds urgency to approve this ordinance immediately based on the facts described herein
and detailed in the staff report.
SECTION 2.
The provisions set forth in Section 2 of Ordinance No 20-1410U shall
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remain in effect until duly terminated and/or superseded by an ordinance adopted by the City
Council.
SECTION 3. Severability.
If any section, subsection, sentence, clause, phrase or word of this ordinance is found to
be unconstitutional or otherwise invalid by any court of competent jurisdiction, such decision
shall not affect the remaining provisions of this Ordinance.
SECTION 4. Environmental Review.
The City Council finds that adoption and implementation of this ordinance is not a “project”
for purposes of the California Environmental Quality Act (CEQA), as that term is defined by CEQA
guidelines (Guidelines) sections 15061(b)(3), and 15378(b)(5). The effect of the proposed
amendment will be to maintain the status quo. No new development will result from the proposed
action. No impact to the physical environment will result. The City Council also alternatively finds
that the adoption and implementation of this ordinance is exempt from the provisions of CEQA
as an administrative activity by the City of Hermosa Beach, in furtherance of its police power, that
will not result in any direct or indirect physical change in the environment, per sections
15061(b)(3), and 15378(b)(5) of the CEQA , Guidelines, as well as CEQA Guidelines section
15064(e) (economic regulations).
SECTION 5. Urgency Declaration; Effective Date.
The City Council finds and declares that the adoption and implementation of this ordinance
is necessary for the immediate preservation and protection of the public peace, health and safety
as detailed above by the City, pursuant to Government Code section 36937. As a result of state
and local stay at home orders, a significant number of local restaurants and businesses were forced
to close. The rapid, immediate and unexpected loss of revenue from closure is devastating to
local businesses. The local economic recovery will be challenging as businesses are unable to
operate at full capacity with the new reopening requirements. Relaxing local zoning requirements
to temporarily allow outdoor dining and retail will assist in the economy recovery of local
businesses. This ordinance is also conducive to the public health because it requires businesses to
follow the directives of State and County public health officials to prevent the further spread
of the disease. This ordinance must be passed by four-fifths of the City Council and shall take
effect immediately after passage.
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PASSED, APPROVED and ADOPTED this 14th day of July, 2020 by the following
vote:
AYES: Councilmembers Armato, Detoy, Fangary, Mayor Pro Tem Massey, and
Mayor Campbell
NOES: None
ABSENT: None
ABSTAIN: None
_________________________________________________________________________
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California
ATTEST: APPROVED AS TO FORM:
____________________________________ ____________________________________
Eduardo Sarmiento, City Clerk Michael Jenkins, City Attorney
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