REPORT TO COUNCIL
SUBJECT
Title
Amend Resolution No. 1075-21 Directing the City Manager to Temporarily Allow Outdoor Dining on Private Parking Lots and Close the 100 Block of South Murphy Avenue Through the Earlier of Either June 30, 2023, or Until the Emergency Proclamation is Lifted
Report
BACKGROUND
On June 10, 2020, the Director of Emergency Services issued an emergency order, temporarily allowing outdoor dining on private parking lots. The City, as the applicant under the Sunnyvale Municipal Code and the general enabling authority pursuant to California Vehicle Code Section 21101(e), temporarily closed the 100 Block of South Murphy Avenue to vehicles by issuing a Special Event Permit (Permit).
On July 27, 2021, Council adopted Resolution No. 1075-21 directing the City Manager to temporarily allow outdoor dining on private parking lots and close the 100 Block of South Murphy Avenue until December 31, 2021. On December 7, 2021, Council amended Resolution No. 1075-21, directing the City Manager to temporarily allow outdoor dining on private parking lots and close the 100 Block of South Murphy Avenue until September 30, 2022.
EXISTING POLICY
Council Policy 2.4.1, Policy 1 - Emergency Planning and Coordination: Provide an integrated approach to planning and management for emergencies and disasters.
General Plan Chapter 3: Land Use and Transportation
GOAL LT-11 SUPPORTIVE ECONOMIC DEVELOPMENT ENVIRONMENT - Facilitate an economic development environment that supports a wide variety of businesses and promotes a strong economy within existing environmental, social, fiscal, and land use constraints.
GOAL LT-12 A BALANCED ECONOMIC BASE - Develop a balanced economic base that can resist downturns of any one industry and provides revenue for City services.
Policy LT-12.6 Create a strong, identifiable Downtown that offers regional and citywide shopping opportunities and entertainment.
Sunnyvale Municipal Code Chapter 2.16 Emergency Organization and Functions, which provide for the preparation and carrying out of plans for the protection of persons and property within this city in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this city with all other public agencies, corporations, organizations, and affected private persons.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a "project" within the meaning of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(b)(4) in that it is a governmental fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment. Furthermore, this action is exempt from CEQA pursuant to CEQA Guidelines Section 15304 as it involves a minor temporary use of land having negligible or no permanent effects on the environment.
DISCUSSION
The State Emergency Order is still in place and allows ongoing programs and recovery efforts to continue. Governor Newsom encourages cities to continue with outdoor dining programs through the end of the State Emergency Order.
On June 10, 2020, the City’s Director of Emergency Services issued an emergency order temporarily allowing outdoor dining on private property parking lots. The order suspended a portion of the Sunnyvale Municipal Code (“SMC”) prohibiting temporary outdoor dining areas on private property, including but not limited to:
• SMC Chapter 19.61, which provides additional permit requirements for outdoor dining, including but not limited to the provisions relating to miscellaneous plan permits.
• SMC Chapter 19.46.110, which provides regulations related to parking requirements for restaurants with outdoor seating.
• SMC Chapter 9.66.010, which relates to consumption of alcohol from private property viewable from the public right of way.
The City’s order allows businesses to temporarily operate outdoors on private properties by submitting the required “Operational Certification for Temporary Outdoor Dining Areas on Private Property.” The self-certification allows businesses to safely operate outdoors with minimum City permitting or approvals, while still protecting customer’s health and safety. The order states that temporary outdoor dining on private property may be allowed until such a time as the local emergency has ended, or until a subsequent order is issued by the City’s Director of Emergency Services or the Sunnyvale City Council, whichever is sooner.
On December 7, 2021, Council amended Resolution No. 1075-21 directing the City Manager to temporarily allow outdoor dining on private parking lots and close the 100 Block of South Murphy Avenue until September 30, 2022.
Study Issue OCM 22-01-Permanently Close the 100 Block of South Murphy Avenue to Vehicular Traffic was ranked number one by the City Council at the 2022 Study Issues Workshop. At a May 24, 2022 City Council Study Session, staff presented the Study Issue preliminary findings and asked Council for direction regarding permanently closing Murphy Avenue to cars. While there is strong community and business support to permanently close the street, there are issues that need to be addressed. The issues include developing a permit process for allowing private use of public space and ensuring the street is accessible to all visitors. Council directed staff to move forward with the Study and return to Council with final recommendations. Council was supportive of extending the temporary closure until June 30, 2023 to allow staff time to finalize its recommendations.
Prior to returning to Council for final action regarding the permanently closure, staff will create a permitting process to allow businesses to use the street and will identify needed accessibility improvements. Staff expects to return to Council by March 2023 or earlier.
FISCAL IMPACT
Amending this resolution will have no direct fiscal impact on the City. However, staff overtime resources are being used for the street cleaning at a cost of about $10,000 per year. Staff will recommend a long-term solution if the street is permanently closed.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City's official-notice bulletin board outside City Hall, at the Sunnyvale Public Library, Senior Center, Community Center and in the Department of Public Safety Lobby. In addition, the agenda and report are available at the Sunnyvale Public Library, Office of the City Clerk, and on the City's website.
RECOMMENDATION
Recommendation
Amend Resolution No. 1075-21 Directing the City Manager to Temporarily Allow Outdoor Dining on Private Parking Lots and Close the 100 Block of South Murphy Avenue Through the Earlier of Either June 30, 2023, or Until the Emergency Proclamation is Lifted.
Staff
Prepared by: Connie Verceles, Deputy City Manager
Reviewed by: Jaqui Guzmán, Deputy City Manager
Approved by: Kent Steffens, City Manager
ATTACHMENTS
1. Draft Resolution
2. Resolution 1075-21