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Home My WebLink AboutORD NO. 21-1442 (URGENT EXTENSION ON OUTDOOR DINING AND LAND CONFIGURATION) Page 1 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 21-1442U AN URGENCY ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, EXTENDING A TEMPORARY PERMIT PROGRAM FOR OUTDOOR DINING/SEATING AND OUTDOOR RETAIL DISPLAY TO ASSIST RESTAURANTS, FOOD, AND RETAIL ESTABLISHMENTS DURING COVID-19; AND EXTENDING TEMPORARY LANE CLOSURES TO ACCOMMODATE OUTDOOR PERMITS; AND SETTING FORTH THE FACTS CONSTITUTING SUCH URGENCY The City Council of the City of Hermosa Beach does ordain as follows: SECTION 1. Findings. A. The findings set forth in Ordinance No. 20-1410U, an urgency ordinance to Implement 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COVID-19, and Ordinance No. 20-1413U, an urgency ordinance which extended Ordinance No. 20-1410U until terminated or superseded by ordinance (together, the “Outdoor Permit Program”), are still relevant and incorporated herein by reference. B. On July 14, 2020, the City Council directed staff to develop options for closing parking spaces and vehicle lanes on the downtown sections of Hermosa and Pier Avenues that would encourage foot traffic and expand socially distanced outdoor dining and retail opportunities in the public right-of-way in furtherance of the Outdoor Permit Program (the “Downtown Lane Reconfiguration”). C. On August 11, 2020, the City Council, by minute order, authorized the City Manager to close one lane in each direction on Hermosa Avenue (between 8th and 14th) and implement traffic control plans to facilitate outdoor economic activity made possible by the Outdoor Permit Program. Council directed the lane closures on Hermosa Avenue to remain in place for at least six months beginning on the day the project was fully completed and businesses could utilize the set up. D. On August 20, 2020, in accordance with City Council’s direction from August 11, 2020, the City Manager acting as Director of Emergency Services issued Executive Order 2020-11, temporarily closing to vehicular traffic the northbound and southbound #2 lanes (closest to the curb) on Hermosa Avenue from the 800 block at 8th Street to the 1300 block at 14th Street for at least six months, subject to extension or termination by City Council or the Director of Emergency Services. E. Starting August 20, 2020, Executive Order 2020-11 also temporarily closed to vehicular traffic the right turn lanes from westbound Greenwich Village to northbound Hermosa Avenue and a part of Hermosa Avenue immediately adjacent to 2626 Avenue until January 13, 2021, subject to extension or termination by City Council. DocuSign Envelope ID: 52A41DB3-1C23-4ACD-8CAF-11B4F5C52032 Page 2 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 F. On August 25, 2020, the City Council ratified Executive Order 2020-11 and authorized staff to extend outdoor permits issued under the Outdoor Permit Program, consistent with the approved time for the lane closures. G. On September 8, 2020, the City Council authorized staff to implement the temporary closure of parking spaces and vehicles lanes on Pier Avenue between Valley Drive and Hermosa Ave as shown in Concept #1 presented to City Council, which was to remain in place for at least six months beginning on the day the project was fully completed and operable. H. On June 22, 2021, by minute order, Council approved the extension of the Outdoor Permit Program through December 31, 2021 and authorized implementation of a reapplication process for outdoor dining and retail permits, including a new requirement for deck operators to provide a surety bond or deposit. I. On July 13, 2021, by Resolution No. 21-7290, the City Council extended through December 31, 2021 the closure of certain portions of the following streets to allow for open air dining and other business purposes: • Hermosa Avenue between 8th Street and 14th Street (maximum of one lane closed in each direction so that through lanes open in both directions) • Pier Avenue between Valley Drive and Hermosa Ave (maximum of one lane closed in each direction so that through lanes open in both directions) • Small section of Hermosa Avenue immediately north of the intersection with Greenwich Village used to make a right turn to northbound Hermosa Avenue J. Unlike when the Outdoor Permit Program and Downtown Lane Reconfiguration were first implemented, Los Angeles County businesses may now allow indoor dining and shopping as long as customers wear face masks. However, COVID-19 has not been eradicated. The extremely contagious Delta variant is now the dominant variant in the area, and Los Angeles County has seen an uptick in cases in recent weeks. Moreover, on November 26, 2021, the Centers for Disease Control and Prevention classified a new variant first reported in South Africa a “variant of concern”, naming it Omicron. Omicron is believed to increase transmissibility, and due to its significant mutations, could evade current vaccines. K. State health officials are concerned about the upward trend entering the winter season when colder weather keeps people inside, and there will be holiday gatherings at a time when vaccine and natural immunity acquired months ago will begin to wane. L. The City Council desires to extend the Outdoor Permit Program and Downtown Lane Reconfiguration to assist businesses’ economic recovery through the holidays, ease public concerns about infection while dining and shopping during the winter months, and reduce community transmission. M. 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. DocuSign Envelope ID: 52A41DB3-1C23-4ACD-8CAF-11B4F5C52032 Page 3 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 2. Temporary Permit Program for Outdoor Dining and Retail. The provisions of Hermosa Beach Municipal Code Sections 17.26.050 (B), (C), 17.44.030, 17.38.550 (B), 12.16.090 and 12.16.100, regarding outdoor dining\outdoor retail displays, and off-street parking requirements for commercial and business uses continue to be temporarily suspended, to the extent they conflict with this Urgency Ordinance, to allow for implementation of items A and B, below, through May 31, 2022. A. A “Temporary Permit Program” for Outdoor Dining/Seating to assist in the economic recovery of restaurant and food establishments during the continuing COVID-19 pandemic as set forth in Exhibit A attached hereto and incorporated herein by reference. B. A “Temporary Permit Program” for businesses to display merchandise to assist in the in the economic recovery of retail establishments during the continuing COVID-19 pandemic as set forth in Exhibit B attached hereto and incorporated herein by reference. SECTION 3. Temporary Downtown Lane Reconfiguration. Portions of the following streets shall continue to be closed to vehicular traffic through May 31, 2022 to allow for open air dining and other business purposes intended to allow the public to patronize local businesses and dine outdoors in a manner that is safe and allows businesses to provide services in a way that eases concerns regarding the spread of COVID-19. A. Hermosa Avenue between 8th Street and 14th Street (maximum of one lane closed in each direction so that through lanes open in both directions) B. Pier Avenue between Valley Drive and Hermosa Ave (maximum of one lane closed in each direction so that through lanes open in both directions) C. Small section of Hermosa Avenue immediately north of the intersection with Greenwich Village used to make a right turn to northbound Hermosa Avenue SECTION 4. 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 5. 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). The lane closures and outdoor dining and retail program effectuated by this ordinance are necessary to facilitate outdoor economic and recreational activity to recover from the economic damage caused by COVID-19 in a way that curbs any further spread of COVID- DocuSign Envelope ID: 52A41DB3-1C23-4ACD-8CAF-11B4F5C52032 Page 4 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 19. Implementation of the ordinance is thus exempt from the CEQA under the statutory exemption for actions necessary to prevent or mitigate an emergency (Public Resources Code § 21080(b)(4); CEQA Guideline § 15269(c)) and the categorical exemption for minor temporary use of land (CEQA Guideline § 15304(e)). The lane reconfigurations for the Hermosa Avenue and Pier Avenue are temporary measures created in direct response to the COVID-19 emergency. Finally, as this is a temporary measure and the improvements can be removed, there is no possibility that the lane closures will have a permanent effect on the environment. SECTION 6. 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 prior state and local stay at home orders, a significant number of local restaurants and businesses were forced to close for an extended period. The rapid, immediate and unexpected loss of revenue from closure was devastating to local businesses, and businesses that survived the most restrictive phase of the pandemic are struggling to rebuild. Continuing to relax local zoning requirements to temporarily allow outdoor dining and retail for six more months will assist in the economic recovery of local businesses. This ordinance is also conducive to the public health because it will promote social distancing and limit mingling indoors with others who may unknowingly carry the highly contagious Delta variant, preventing further spread of the disease during the winter season. The public has already begun to travel for the holidays, to gather in groups more frequently, and to shop ahead of the upcoming holidays. Based on these facts, coupled with a potential winter surge in COVID-19 cases noted by state health officials and the uncertainty of vaccine efficacy against the new Omicron variant, this ordinance is necessary for the immediate preservation and protection of the public peace, health and safety. This ordinance must be passed by four-fifths of the City Council and shall take effect immediately after passage. SECTION 7. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published or posted in the manner required by law. PASSED, APPROVED and ADOPTED this 14th day of December, 2021 by the following vote: AYES: Councilmembers Massey, Campbell, Armato, Mayor Pro Tem Jackson, and Mayor Detoy NOES: None ABSENT: None ABSTAIN: None PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California DocuSign Envelope ID: 52A41DB3-1C23-4ACD-8CAF-11B4F5C52032 Page 5 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTEST: APPROVED AS TO FORM: _________ ___ Susan Morrow, Interim City Clerk Michael Jenkins, City Attorney DocuSign Envelope ID: 52A41DB3-1C23-4ACD-8CAF-11B4F5C52032