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Posted on: May 21, 2020

Coronavirus - Temp. Social Distance Permit

WHEREAS, on March 13, 2020 the Director of Emergency Services (City Manager) for the City of Clearlake issued a Proclamation of Local Emergency due to COVID-19, which was ratified by the City Council on March 19, 2020; and  

WHEREAS, the Director of Emergency Services (City Manager) is empowered to make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; and  

WHEREAS, the Governor and Lake County Health Officer have issued a series of orders that restrict the type of business that can operate and how those businesses can provide services and goods due to the risk of COVID-19 infection; and  

WHEREAS, businesses permitted to open are required to modify their operations to comply with federal, state, and local directives and guideline to ensure compliance with Social Distancing Requirements and other COVID-19 risk mitigation measures; and  

WHEREAS, in order to comply with health orders, the City of Clearlake 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; and  

WHERAS, this action promotes the City’s desire to support local businesses while complying with health orders and keeping the community safe; and  

NOW, THEREFORE, IT IS PROCLAIMED AND ORDERED by the City Manager of the City of Clearlake that, in the interests of public health and safety,  

Businesses including but not limited to retail, restaurants, and mobile food vendors may apply with the City at no cost for the temporary use of City-owned and 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 shall submit a no-fee Temporary Use Permit Application in a form approved by the City Manager, which shall include a description of proposed use and a drawing/depiction of the proposed location and layout. 

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 and appropriateness of the use requested by the business.  The requested use shall have limited impact on other businesses operating in close proximity.  

d. The City may impose Conditions of Approval on any temporary use 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 furnishings shall be maintained in an attractive, clean (free from spills, litter and other debris) and safe manner. During nonoperational hours, furnishings shall be secured within the use area or stored indoors.

 f. Businesses must comply with all local, state and federal laws, regulations, and guidelines governing the temporary use including public health orders.  Food vendors/Restaurants must maintain a food facility permit from the County of Lake Environmental Health Division, and alcoholic beverage sales are not permitted without a license, permit or other legally authorized approval issued by the California Department of Alcohol and Beverage Control. 

g. The business must have a valid sellers’ permit issued by the State Board of Equalization and a City of Clearlake 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 of property shall not interfere with vehicular and pedestrian traffic, or access under the Americans with Disabilities Act. 

j. No permanent item or structure may be installed except for that which may be permitted through the normal building and planning process. 

k. Any such temporary use permitted shall cease upon termination of this Order, and the business shall return the 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 cost borne by the business. 

m. When utilizing City-owned property, the business must provide the City of Clearlake with a Certificate of Insurance and Additional Insured Endorsement naming the City of Clearlake as additionally insured in the amount of $1,000,000 (one million dollars).  Higher limits may apply with high-risk activities.  

n. No real property right is provided, given, or otherwise conveyed to any person or entity using City-owned property as 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.      

 

This Order shall be effective through December 31, 2020 or until the termination of the local emergency, whichever comes first.       

1. 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 Clearlake, its departments, officers, employees, or any other person. 

2. If any provision of this Order or the 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. 

3. This Order shall be filed in the City Clerk’s Office and given widespread publicity and notice. 

 NOW, THEREFORE, IT IS FURTHER ORDERED by the City Manager of the City of Clearlake that this order shall take effect on May 21, 2020 at 2:00pm. 

DATED: May 21, 2020 

 

Alan D. Flora Director of Emergency Services 

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