06-05-20 Searchable PacketCITY OF CUPERTINO
CITY COUNCIL
AGENDA
This will be a teleconference meeting without a physical location.
Friday, June 5, 2020
4:30 PM
Special Meeting Non-televised Closed Session (4:30) and Televised Open Session (5:45)
TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE
SPREAD OF COVID-19
In accordance with Governor Newsom’s Executive Order No-29-20, this will be a
teleconference meeting without a physical location to help stop the spread of COVID-19.
Members of the public wishing to observe the open session meeting may do so in one of
the following ways:
1) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV.
2) The meeting will also be streamed live on and online at www.Cupertino.org/youtube
and www.Cupertino.org/webcast
Members of the public wishing comment on an item on the agenda may do so in the
following ways:
1) E-mail comments for closed or open session by 3:00 p.m. on Friday, June 5 to the Council
at citycouncil@cupertino.org. These e-mail comments will also be forwarded to
Councilmembers by the City Clerk’s office before the meeting and posted to the City’s
website after the meeting.
2) E-mail comments for closed or open session during the times for public comment during
the meeting to the City Clerk at cityclerk@cupertino.org. The City Clerk will read the
emails into the record, and display any attachments on the screen, for up to 3 minutes
(subject to the Mayor’s discretion to shorten time for public comments). Members of the
public that wish to share a document must email cityclerk@cupertino.org prior to speaking.
3) Teleconferencing Instructions
Members of the public may provide oral public comments during the teleconference
meeting as follows:
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City Council Agenda June 5, 2020
Oral public comments will be accepted during the teleconference meeting. Comments may
be made during “oral communications” for matters not on the agenda, and during the
public comment period for each agenda item.
To address the City Council, click on the links below to access the closed and open session
meetings:
CLOSED SESSION - 4:30 PM
Members of the public may provide oral public comments in open session prior to the
closed session teleconference meeting as follows:
To address the City Council, click on the link below to register in advance and access the
meeting:
Online
Join Meeting: https://cityofcupertino.zoom.us/j/99473650027
Phone
Dial: (888) 788 0099 and enter Meeting ID: 994 7365 0027 (Type *9 to raise hand to speak).
OPEN SESSION - 5:45 PM
Members of the public may provide oral public comments during the open session
teleconference meeting as follows:
Oral public comments will be accepted during the open session teleconference meeting.
Comments may be made during “oral communications” for matters not on the agenda, and
during the public comment period for each agenda item.
To address the City Council, click on the link below to register in advance and access the
meeting:
Online
Register in advance for this webinar:
https://cityofcupertino.zoom.us/webinar/register/WN_-nMfFpDjRT-gFf08dy06Sw
Phone
Dial: (888) 788 0099 and enter Webinar ID: 956 6659 6592 (Type *9 to raise hand to speak).
Unregistered participants will be called on by the last four digits of their phone number.
Or an H.323/SIP room system:
H.323:
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City Council Agenda June 5, 2020
162.255.37.11 (US West)
162.255.36.11 (US East)
Meeting ID: 956 6659 6592
SIP: 95666596592@zoomcrc.com
After registering, you will receive a confirmation email containing information about
joining the webinar.
Please read the following instructions carefully:
1. You can directly download the teleconference software or connect to the meeting in your
internet browser. If you are using your browser, make sure you are using a current and
up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain
functionality may be disabled in older browsers, including Internet Explorer.
2. You will be asked to enter an email address and a name, followed by an email with
instructions on how to connect to the meeting. Your email address will not be disclosed to
the public. If you wish to make an oral public comment but do not wish to provide your
name, you may enter “Cupertino Resident” or similar designation.
3. When the Mayor calls for the item on which you wish to speak, click on “raise hand.”
Speakers will be notified shortly before they are called to speak.
4. When called, please limit your remarks to the time allotted and the specific agenda topic.
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to
attend this teleconference City Council meeting who is visually or hearing impaired or has
any disability that needs special assistance should call the City Clerk's Office at
408-777-3223, at least 6 hours in advance of the Council meeting to arrange for assistance. In
addition, upon request, in advance, by a person with a disability, City Council meeting
agendas and writings distributed for the meeting that are public records will be made
available in the appropriate alternative format.
NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL
NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby
called for Friday, June 05, 2020, commencing at 4:30 p.m. for a Closed Session and an Open
Session at 5:45 p.m. In accordance with Governor Newsom’s Executive Order No-29-20, this
will be a teleconference meeting without a physical location. Said special meeting shall be
for the purpose of conducting business on the subject matters listed below under the
heading, “Special Meeting."
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City Council Agenda June 5, 2020
SPECIAL MEETING
ROLL CALL - 4:30 PM
CLOSED SESSION
1.Subject: Public Employee Performance Evaluation (Gov't Code Section 54957). Title:
City Attorney.
RECESS
ROLL CALL - 5:45 PM
OPEN SESSION
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Council on any matter within
the jurisdiction of the Council and not on the agenda. The total time for Oral Communications will
ordinarily be limited to one hour. Individual speakers are limited to three (3) minutes. As necessary, the
Chair may further limit the time allowed to individual speakers, or reschedule remaining comments to
the end of the meeting on a first come first heard basis, with priority given to students. In most cases,
State law will prohibit the Council from discussing or making any decisions with respect to a matter
not listed on the agenda.
ORDINANCES AND ACTION ITEMS
2.Subject: Adopt Resolution Affirming the City’s Commitment to Stand in Solidarity
with the Black Community.
Recommended Action: Adopt Resolution No. 20-071 Affirming the City’s Commitment
to Stand in Solidarity with the Black Community.
Staff Report
A - Draft Resolution
3.Subject: Receive City Manager’s Status Report on Planned Protest Event in Cupertino.
Recommended Action: Receive City Manager’s Status Report on Planned Protest Event
in Cupertino.
4.Subject: An Urgency Ordinance of the City Council of the City of Cupertino
authorizing the outdoor operations of qualifying establishments (restaurants, wineries,
breweries, and bars) pursuant to a Special Temporary Outdoor Dining Permit
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City Council Agenda June 5, 2020
Recommended Action: That the City Council:
1) Find that the proposed action is exempt from CEQA; and
2) Conduct the first and only reading and enact Ordinance No. 20-2207: "An Urgency
Ordinance of the City Council of the City of Cupertino authorizing the outdoor
operations of qualifying establishments (restaurants, wineries, breweries, and bars)
pursuant to a special temporary outdoor dining permit.”
Staff Report
A – Draft Urgency Ordinance
B - Draft Special Temporary Outdoor Dining Permit application
C - Appendix C-1: Additional Businesses Allowed to Operate of The County Shelter-in-Place Order
D - California Department of Health COVID-19 Industry Guidance: Dine-In Restaurants.
ADJOURNMENT
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation
challenging a final decision of the City Council must be brought within 90 days after a decision is
announced unless a shorter time is required by State or Federal law.
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must
file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the
City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal
Code §2.08.096. Contact the City Clerk’s office for more information or go to
http://www.cupertino.org/cityclerk for a reconsideration petition form.
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this
teleconference City Council meeting who is visually or hearing impaired or has any disability that needs
special assistance should call the City Clerk's Office at 408-777-3223, at least 6 hours in advance of the
Council meeting to arrange for assistance. In addition, upon request, in advance, by a person with a
disability, City Council meeting agendas and writings distributed for the meeting that are public
records will be made available in the appropriate alternative format.
Any writings or documents provided to a majority of the Cupertino City Council after publication of
the packet will be made available for public inspection in the City Clerk’s Office located at City Hall,
10300 Torre Avenue, during normal business hours and in Council packet archives linked from the
agenda/minutes page on the Cupertino web site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100
written communications sent to the Cupertino City Council, Commissioners or City staff concerning a
matter on the agenda are included as supplemental material to the agendized item. These written
communications are accessible to the public through the City’s website and kept in packet archives. You
are hereby admonished not to include any personal or private information in written communications to
the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights
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City Council Agenda June 5, 2020
you may have on the information provided to the City.
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CITY OF CUPERTINO
Legislation Text
Subject: Public Employee Performance Evaluation (Gov't Code Section 54957). Title: City Attorney.
File #:20-7614,Version:1
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CITY OF CUPERTINO
Legislation Text
Subject:Adopt Resolution Affirming the City’s Commitment to Stand in Solidarity with the Black
Community.
Adopt Resolution No. 20-071 Affirming the City’s Commitment to Stand in Solidarity with the Black
Community.
File #:20-7617,Version:1
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1
CITY COUNCIL STAFF REPORT
Meeting: June 5, 2020
Subject
Adopt Resolution Affirming the City’s Commitment to Stand in Solidarity with the Black
Community
Recommended Action
Adopt Resolution Affirming the City’s Commitment to Stand in Solidarity with the Black
Community
Discussion
At the June 2, 2020 Council meeting, councilmembers delivered statements in response to the
death of George Floyd on May 25, 2020, in Minneapolis, Minnesota. The Council felt that the City
urgently needed to issue a resolution affirming the City’s commitment to stand in solidarity with
the black community. The attached resolution was drafted largely from councilmember
comments delivered on June 2. It is recommended that Council adopt the proposed resolution.
Sustainability Impact
No sustainability impacts.
Fiscal Impact
No fiscal impacts.
Prepared by: Katy Nomura, Assistant to the City Manager
Approved by: Dianne Thompson, Assistant City Manager
Attachments:
A – Draft Resolution Affirming the City’s Commitment to Stand in Solidarity with the Black
Community
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RESOLUTION NO. 20-______
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
AFFIRMING THE CITY’S COMMITMENT TO STAND IN SOLIDARITY
WITH THE BLACK COMMUNITY
WHEREAS, our country is mourning the senseless killing of George Floyd
that occurred in Minneapolis on May 25, 2020. The actions and inactions of the
police officers involved were deplorable; and
WHEREAS, the most basic form of injustice and inequity occurs when a
group of people feels their safety is placed into jeopardy by the very people
entrusted with ensuring their safety; and
WHEREAS, police brutality and racism against the black community has
been persistent in both our past and our present. Systemic injustices, racism, and
dehumanization are deeply rooted in our society; and
WHEREAS, it was unquestionably unfair and unacceptable when the lives
of George Floyd, Ahmaud Arbery, Breonna Taylor, Freddie Gray, Walter Scott,
Tamir Rice, Michael Brown, Oscar Grant, and many others were taken as a result
of discrimination and inequity. These lives mattered and black lives matter; and
WHEREAS, the unrest regarding racial injustice, particularly towards the
black community, has been building for decades. Thoughtless violence by our own
government only serves to incite more violence; and
WHEREAS, Cupertino is blessed to be a multiracial community, and we
decided long ago that mutual understanding and respect develops a much
healthier, safer, and caring community; and
WHEREAS, it is important for the community as a whole to stand in
solidarity with black communit ies across the country.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
affirm its commitment to stand in solidarity with the black community and
resolves as follows:
The City of Cupertino condemns racial inequity in general and violence against
the black community by law enforcement in particular; and
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Resolution No. __________________
Page 2
The City of Cupertino does not tolerate discrimination , racial injustice, or police
brutality; and
The City of Cupertino demands that black lives matter; and
The City of Cupertino will oppose any attempts to undermine the safety, security,
and rights of members of our community and will work proactively to ensure the
rights and privileges of everyone in the City—regardless of race; and
The City of Cupertino will promote safety, a sense of security, and equal protection
of constitutional and human rights, leading by example through equitable
treatment of all by City officials and departments; and
The City of Cupertino encourages the community to stand together through
peaceful exchange and discourse to enact change and move forward towards a
future with more equity and inclusion in Cupertino, California, and our country.
PASSED AND ADOPTED at a special meeting of the City Council of the City of
Cupertino this 5th day of June, 2020, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
________
Steven Scharf, Mayor
City of Cupertino
________________________
Date
ATTEST:
________________________
Kirsten Squarcia, City Clerk
________________________
Date
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CITY OF CUPERTINO
Legislation Text
Subject: Receive City Manager’s Status Report on Planned Protest Event in Cupertino.
Receive City Manager’s Status Report on Planned Protest Event in Cupertino.
File #:20-7618,Version:1
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CITY OF CUPERTINO
Legislation Text
Subject: An Urgency Ordinance of the City Council of the City of Cupertino authorizing the outdoor
operations of qualifying establishments (restaurants, wineries, breweries, and bars) pursuant to a
Special Temporary Outdoor Dining Permit
That the City Council:
1) Find that the proposed action is exempt from CEQA; and
2) Conduct the first and only reading and enact Ordinance No. 20-2207: "An Urgency Ordinance of
the City Council of the City of Cupertino authorizing the outdoor operations of qualifying
establishments (restaurants, wineries, breweries, and bars) pursuant to a special temporary outdoor
dining permit.”
File #:20-7600,Version:1
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CITY COUNCIL STAFF REPORT
Meeting Date: June 5, 2020
Subject
An Urgency Ordinance authorizing the outdoor operations of qualifying
establishments (restaurants, wineries, breweries, and bars) pursuant to a Special
Temporary Outdoor Dining Permit.
Recommended Action
That the City Council:
1. Find that the proposed actions are exempt from CEQA; and,
2. Enact Urgency Ordinance No. 20-XXX – “An urgency ordinance of the City
Council of the City of Cupertino authorizing the outdoor operations of
qualifying establishments (restaurants, wineries, breweries, and bars)
pursuant to a special temporary outdoor dining permit.”
Discussion
There have been several local, regional and state orders regarding Sheltering in
Place in response to the COVID-19 pandemic.
March 11, 2020: Cupertino City Manager declared a local emergency related to
COVID-19, which as ratified by the City Council on March 17, 2020.
March 16, 2020: Santa Clara County issued a Shelter-in-Place Order including
limitations on non-essential work and operations, including prohibitions on
most residential and almost all commercial construction.
March 19, 2020: Governor Newsom issued a statewide Shelter-in-Place Order
directing all California residents to stay home until further notice, with limited
exceptions, to stop the spread of COVID-19.
March 31, 2020: Santa Clara County issued an updated Shelter-in-Place Order
effective from April 1, 2020 through May 3, 2020.
April 29, 2020: Santa Clara County issued an updated Shelter-in-Place Order
effective from May 3, 2020 through May 31, 2020.
May 4, 2020: Governor Newsom announced that the State will move to a "Stage
2" modification of the Executive Order, allowing for businesses identified as
having a lower risk of COVID-19 transmission to reopen in accordance with
State guidelines that were issued on May 7, 2020.
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Restaurants, wineries, breweries, or bars are not authorized to serve food or
beverages on site until the later phase of Stage 2. Currently, only counties that have
a local variance attestation approved may advance to the later phase of Stage 2.
Santa Clara County on June 5 will allow outdoor dining. The proposed Ordinance
establishes a permit framework for qualifying establishments to operate in
conformance with the updated County Shelter-in-Place Order. The County has
released the following guidelines (Refer to Attachment C Appendix C-1: Additional
Businesses Allowed to Operate of The County Shelter-in-Place Order):
Outdoor seating arrangements shall limit the number of patrons at a single
table to no more than six (6) individuals, all of whom must be from the same
household or living unit. Members of separate households or living units
are not allowed to dine at the same table.
All tables must be separated to ensure that the six-foot minimum social
distance can be easily maintained between all members of separate
households or living units at all times. For clarity, patrons who are members
of the same household or living unit and seated together at a table do not
need to be six feet apart.
Alcohol may be sold to patrons in conjunction with a meal, but it may not
be sold independently.
Bar areas must remain closed to customers.
Entertainment events are not allowed at this time.
Outdoor dining, placement of outdoor seating arrangements, and food
service must be in compliance with local laws, regulations, and permitting
requirements.
Facilities that open for outdoor dining must offer curbside pickup,
takeaway, and/or delivery service alternatives.
Further, any qualifying business would need to operate in compliance with the
State guidelines. Please refer to Attachment D for the California Department of
Health’s COVID-19 Industry Guidance: Dine-In Restaurants. To limit the spread of
COVID-19, the Guidance allows restaurants, wineries, breweries, or bars that
serve food and beverages on site to provide service at a reduced capacity in
compliance with State and County guidelines. To allow Cupertino’s dining
establishments to operate safely, a Special Temporary Outdoor Dining Permit
program would allow qualifying establishments to add outdoor seating.
Special Temporary Outdoor Dining Permit: The Cupertino Municipal Code (“CMC”)
19.60.050, Land Use Activity, limits outdoor seating outside of a closed atrium or
patio without a use permit, if such seating is limited to 20 percent of the indoor
seating capacity unless a use permit is applied for. The Ordinance will temporarily
suspend this requirement and allow establishments to serve food and beverages
outdoors, while ensuring compliance with State and County guidelines. The
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Ordinance will require these businesses to apply for and obtain a Special
Temporary Outdoor Dining Permit (Attachment B) from the Director of
Community Development.
All businesses must be in full compliance with all State and County Orders
regarding reopening. Individual businesses must be able to present proof of
compliance with the applicable State and County orders upon request by the
enforcement official as authorized in the Ordinance. In addition to having a
Cupertino Business License, the applicants must comply with the following
requirements:
A. The total amount of seating for each establishment shall be limited to the
occupant load permitted under the original certificate of occupancy for the
tenant space.
B. All seating shall be spaced to allow adequate social distancing.
C. A site/floor plan will be required to verify outdoor seating areas are
configured in a manner to:
1. Only be located along the frontage of the qualifying establishment.
2. Provide an accessible path of travel to the new outdoor seating area(s)
compliant with the latest adopted edition of the California Building
Code.
3. Not encroach into any existing egress and/or accessible paths of travel
to allow for comfortable flow of pedestrian traffic.
4. Not be located within six feet of crosswalks or within the required
staging area in front of fire hydrants.
D. If the applicant is requesting to utilize privately owned parking spaces for
outdoor seating, the number of spaces used shall not be more than 50% of the
maximum occupant load of the establishment. Utilized parking spaces shall
be adjacent to the business.
E. No food preparation shall be allowed outside.
F. No permanent fixtures are allowed.
1. Temporary barriers, not affixed into the ground or other objects for
support, are allowed.
2. Temporary umbrellas not affixed into the ground of other objects are
allowed. No signage is allowed on the umbrellas.
G. Operations must comply with any requirements imposed by the Building
Division of the Community Development Department , Santa Clara County
Fire Department, Environmental Services Division, and Public Works
Department. If conditions proposed by various departments and divisions
conflict, the Director of Community Development shall decide which ones to
attach to the application.
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In addition, a property manager for a shopping center may submit for a permit for
the tenants as part of a joint permit, subject to the submission requirements
outlined above.
Any restaurant, winery, brewery, or bar that requests to use any portion of the
public right-of-way to serve food and drinks may file an application for an
Encroachment Permit through the City’s Public Works Department.
Permit Limitations: The Special Temporary Outdoor Dining Permit may be
approved, conditionally approved or denied by the Director of Community
Development. The Director of Community Development may impose any
conditions deemed necessary to ensure compliance with the reopening protocol of
the State of California and Santa Clara County and to protect the public health and
safety of the City. The permit would be non-transferable and only the
establishment for which the temporary permit is issued would be permitted to
operate.
In order to encourage compliance and to support businesses during the Pandemic,
it is proposed that no application fee be required in order to obtain this permit.
Since the Special Temporary Outdoor Dining Permit does not create any property
interest, a Special Temporary Outdoor Dining Permit issued pursuant to this
ordinance may be revoked at any time and for any reason.
Noticing and Public Comment
Since this is an Urgency Ordinance, no notice is required pursuant to the California
Government Code. No public comment has been received with regard to this
Ordinance as of the date of this staff report.
Environmental Impact (CEQA)
The proposed Ordinance is not a project as defined by section 15378 of the
California Environmental Quality Act (CEQA) Guidelines because it has no
potential for resulting in physical change in the environment, either directly or
ultimately. If the Ordinance is found to be a project under CEQA, the Ordinance
is considered exempt via CEQA Guidelines section 15061(b)(3) because it can be
seen with certainty to have no possibility of significant effect on the environment .
Sustainability Impact
No sustainability impacts.
Fiscal Impact
No fiscal impact other than a potential revival in sales tax revenue from an
increased operation of food and beverage service businesses.
_____________________________________
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Prepared by: Gian Martire, Senior Planner
Reviewed by: Piu Ghosh, Planning Manager
Approved for Submission by: Dianne Thompson, City Manager
Attachments:
A – Draft Urgency Ordinance No. 20-XXXX
B - Draft Special Temporary Outdoor Dining Permit application
C - Appendix C-1: Additional Businesses Allowed to Operate of The County
Shelter-in-Place Order
D - California Department of Health COVID-19 Industry Guidance: Dine-In
Restaurants.
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Draft Ordinance No. 20-XXXX
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AUTHORIZING THE OUTDOOR OPERATIONS OF
QUALIFYING ESTABLISHMENTS (RESTAURANTS, WINERIES, BREWERIES,
AND BARS) PURSUANT TO A SPECIAL TEMPORARY OUTDOOR DINING
PERMIT
WHEREAS, on February 3, 2020, and pursuant to Section 101080 of the California Health
and Safety Code, the Santa Clara County Health Officer (the “Health Officer”) declared
a local health emergency throughout Santa Clara County (the “County”) related to the
novel coronavirus (“COVID-19”); and
WHEREAS, on February 3, 2020, and pursuant to Section 8630 of the California
Government Code, the Santa Clara County Director of Emergency Services proclaimed a
local emergency throughout the County related to COVID-19; and
WHEREAS, on March 4, 2020, California Governor Gavin Newsom declared a State of
Emergency to make additional resources available, formalize emergency actions already
underway across multiple state agencies and departments, and help the state prepare for
a broader spread of COVID-19; and
WHEREAS, on March 4, 2020, the County issued updated guidance for workplaces and
businesses, stating that employers should take steps to make it more feasible for their
employees to work in ways that minimize close contact with large numbers of people,
including: 1) suspend nonessential employee travel; and 2) minimize the number of
employees working within arm’s length of one another, including minimizing or
canceling large in-person meetings and conferences. The County also recommended that
persons at higher risk of severe illness should stay home and away from crowded social
gatherings of people as much as possible such as parades, conferences, sporting events,
and concerts where large numbers of people are within arm’s length of one another; and
WHEREAS, as of March 9, 2020, the County reported that there were 43 cases of persons
testing positive for COVID-19 in the County, an increase of 23 in five days. In response,
the County, pursuant to its authority under California Health and Safety Codes sections
101040, 101085, and 120175, ordered that private mass gatherings attended by one
thousand persons are prohibited until March 31, 2020 (the “First Mass Gathering Order”).
This First Mass Gathering Order was based upon evidence of increasing transmission of
COVID-19 within the County, scientific evidence regarding the most effective approaches
to slow the transmission of communicable diseases generally and COVID-19 specifically,
as well as best practices as currently known and available to protect vulnerable members
of the public from avoidable risk of serious illness or death resulting from exposure to
COVID-19; and
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WHEREAS, on March 11, 2020, the City Manager for the City of Cupertino (“City”)
declared a local emergency throughout the City related to COVID-19; and
WHEREAS, on March 17, 2020, the Council ratified and continued the City Manager’s
declaration of a local emergency; and
WHEREAS, on March 13, 2020, the County issued an order mandating a countywide
moratorium on gatherings of more than 100 persons and a conditional countywide
moratorium on gatherings of between 35-100 persons; and
WHEREAS, on March 16, 2020, the County, along with five other Bay Area counties,
issued a sweeping “Shelter-in-Place” order (the “March 16 County Shelter-in-Place
Order”) that included limitations on non-essential work and operations, including but
not limited to prohibitions on most residential and almost all commercial construction;
and
WHEREAS, on March 19, 2020, Governor Newsom issued a “Shelter-in-Place” order (the
“State Shelter-in-Place Executive Order” or “Executive Order”) directing all individuals
living in the State of California to stay home or at their place of residence, with limited
exceptions, to stop the spread of COVID-19 until further notice; and
WHEREAS, on March 31, 2020, the public health officers for the six Bay Area counties,
including Santa Clara County, issued an updated “Shelter-in-Place” order effective from
April 1, 2020 through May 3, 2020, and on April 29, 2020 issued an updated “Shelter-in-
Place” order effective from May 4, 2020 through May 31, 2020 (the “April 29 County
Shelter-in-Place Order”); and
WHEREAS, the April 29 County Shelter-in-Place Order continues to require most
residents, businesses, and employees to stay at home to limit the transmission of the
COVID-19 virus and limits the types of work that may be performed; and
WHEREAS, businesses that serve food and beverages have been prohibited from serving
customers on-site, limiting them to take-out only; and
WHEREAS, on May 4, 2020, the Governor announced that the State will move to a "Stage
2" modification of the Executive Order, allowing for businesses identified as having a
lower risk of COVID-19 transmission to reopen in accordance with State guidelines; and
WHEREAS, on May 7, 2020, the State issued guidelines that businesses that reopen
during the "Stage 2" modification of the Executive Order must follow; and
WHEREAS, during the COVID-19 emergency, businesses that serve food or beverages
onsite and indoors increase the risk of COVID-19 transmission, endangering public
health and safety; and
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WHEREAS, restaurants, wineries, breweries, and bars can serve food or beverages onsite
and reduce the risk of COVID-19 transmission by serving food or beverages in
compliance with State and County reopening guidelines; and
WHEREAS, food and beverage service establishments constitute an important segment
of the Cupertino economy and sales tax base for the City; and
WHEREAS, the City Council finds that the service of food and beverages in an outdoor,
well-regulated setting, in accordance with the guidelines from the State during the
COVID-19 pandemic and operative County Shelter-in-Place Order and any subsequent
orders will allow these businesses to begin operations on-site in a manner that protects
the public health and safety;
NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES
ORDAIN AS FOLLOWS:
SECTION 1. For purposes of this ordinance, a qualifying establishment means any
restaurant, winery, brewery, or bar that will be allowed to operate in compliance with
reopening protocols of the State of California and Santa Clara County.
SECTION 2. Cupertino Municipal Code (“CMC”) Section 19.60.050, Land Use Activity,
permits restaurants to provide outdoor seating outside of a closed atrium or patio
without a use permit, if such seating is limited to 20 percent of the indoor seating and the
restaurant is otherwise in compliance with CMC Chapter 19.124, Parking Regulatio ns.
However, in order to allow qualifying establishments serving meals and accompanying
beverages onsite to continue to operate in a safe manner during the COVID-19 pandemic,
the City Council hereby temporarily suspends this requirement, provided the operator
obtains a Special Temporary Outdoor Dining Permit and complies with the following
requirements:
A. The guidelines as published by the California Department of Health (“DoH”) in
its COVID-19 Industry Guidance: Dine-In Restaurants, as may be amended from time
to time or any updated guidelines published by the DoH.
B. Any guiding document related to requirements from the Santa Clara County
Public Health Department.
C. The total amount of seating for each establishment shall be limited to the occupant
load permitted under the original certificate of occupancy for the tenant space.
D. All seating shall be spaced to allow adequate social distancing.
E. A floor plan will be required to verify outdoor seating areas are configured in a
manner to:
1. Only be located along the frontage of the qualifying establishment.
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2. Provide an accessible path of travel to the new outdoor seating area(s)
compliant with the latest adopted edition of the California Building Code.
3. Not encroach into any existing egress and/or accessible paths of travel to allow
for comfortable flow of pedestrian traffic.
4. Not be located within six feet of crosswalks or within the required staging area
in front of fire hydrants.
F. If the applicant is requesting to utilize privately owned parking spaces for outdoor
seating, the number of spaces used shall not be more than 50% of the maximum
occupant load of the establishment. Utilized parking spaces shall be adjacent to
the business.
G. No food preparation shall be allowed outside.
H. No permanent fixtures are allowed.
1. Temporary barriers, not affixed into the ground or other objects for support,
are allowed if required by Alcoholic Beverage Control (“ABC”) for the
consumption of alcoholic beverages outside.
2. Temporary umbrellas not affixed into the ground o r other objects are
allowed. No signage is allowed on the umbrellas.
I. No seating or service is allowed within the public right-of-way without first
obtaining an encroachment permit from the Department of Public Works.
J. Operations must comply with any requirements imposed by the Building Division
of the Community Development Department, Santa Clara County Fire
Department, Environmental Services Division, and Public Works Department. If
conditions proposed by various departments/divisions conflict, the Director of
Community Development shall decide which ones to attach to the application.
K. City of Cupertino Business License.
L. A property manager of a shopping center may apply for a permit for their tenants
as a joint application subject to the requirements as outlined above.
SECTION 3. A qualifying establishment may apply for a Special Temporary Outdoor
Dining Permit by applying to the Director of Community Development, on a form
prepared by the City. The application shall be accompanied by any additional
information required by the Director of Community Development to ensure compliance
with the adopted requirements. No application fee shall be charged for such application.
The permit is non-transferable, and only the qualifying establishment for which the
temporary outdoor operations permit was issued shall be permitted to operate under the
permit.
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The Special Temporary Outdoor Dining Permit may be approved, conditionally
approved, or denied at the discretion of the City. Approval of the permit is contingent
upon the operation of the qualifying establishment following the reopening protocols of
the State of California and Santa Clara County, and a determination that public health
and safety of the City will not be threatened. The Director of Community Development
may impose any conditions to ensure the above. A Special Temporary Outdoor Dining
Permit does not create any property interest, and the Director of Community
Development may revoke a Special Temporary Outdoor Dining Permit issued pursuant
to this ordinance at any time and for any reason. The Special Temporary Outdoor Dining
Permit shall terminate upon the expiration of the Shelter in Place orders.
SECTION 4. The City Council hereby finds, determines, and declares that this urgency
ordinance is adopted by at least four-fifths of the City Council pursuant to California
Government Code Section 36937 and CMC Section 2.12.050 and is necessary because
there is a current and immediate threat to the public health, safety and/or welfare and a
need for immediate preservation of the public peace, health, or safety that warrants this
urgency measure, which finding is based upon the facts stated in the recitals above, all of
which are deemed true and correct, as well any oral and written testimony at the June 2,
2020 City Council meeting.
SECTION 5. The City Council of the City of Cupertino held a duly noticed public meeting
on June 5, 2020, and after considering all testimony and written materials provided in
connection with that meeting introduced this ordinance and waived the reading thereof.
SECTION 6. If any section, subsection, sentence, clause, or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the
Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 7. The City Council finds that adoption of this Ordinance is exempt from
environmental review under the California Environmental Quality Act (CEQA) pursuant
to CEQA Guidelines section 15061(b)(3), because it can be seen with certainty that
temporarily extending certain permit approvals and application processing timelines for
a limited period of time will not have a significant effect on the environment.
SECTION 8: Severability.
Should any provision of this Ordinance, or its application to any person or
circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, that determination shall have no effect on any other
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provision of this Ordinance or the application of this Ordinance to any other person or
circumstance and, to that end, the provisions hereof are severable.
SECTION 9: Effective Date.
This urgency Ordinance shall take effect immediately upon adoption as provided
by Government Code Section 36937 and CMC Section 2.12.050 and shall remain in effect
until the County’s Shelter-in-Place Order is lifted and the State has entered Stage 4 of
reopening, unless the Ordinance is otherwise terminated or extended by the City Council.
SECTION 10: Certification.
The City Clerk shall certify to the passage and adoption of this Ordinance and shall
give notice of its adoption as required by law. Pursuant to Government Code Section
36933, a summary of this Ordinance may be published and posted in lieu of publication
and posting of the entire text.
SECTION 11: Continuity.
To the extent the provisions of this Ordinance are substantially the same as
previous provisions of the Cupertino Municipal Code, these provisions shall be
construed as continuations of those provisions and not as amendments of the earlier
provisions.
INTRODUCED and ADOPTED as an urgency ordinance of the City of Cupertino
at a special meeting of the City Council held on June 5, 2020, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
__________________
Steven Scharf, Mayor
City of Cupertino
_ _____ __________________
Date
ATTEST:
________________________
________________________
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Kirsten Squarcia, City Clerk
Date
APPROVED AS TO FORM:
__________________________
Heather Minner, City Attorney
________________________
Date
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Special Temporary Outdoor Dining Permit
OFFICE OF COMMUNITY DEVELOPMENT
City Hall
10300 Torre Avenue • Cupertino, CA 95014-3255
(408) 777-3308 • Fax (408) 777-3333 • planning@cupertino.org
Name of Business:
Business Address:
Contact Person: Phone/Cell: /
Contact E-Mail: Fax:
Contact Address (if different than above): City/Zip: /
Description of the Business & Request (Attach separate sheet of paper if necessary):
PROPERTY OWNER APPROVAL
I, __________________________________, the property owner/representative (attach Power of Attorney), for the
property at which the above named business is located at, hereby provide my approval to allow the business to
temporarily expand their outdoor dining activities as indicated in the attached plans.
Property Owner/Representative’s Name Property Owner Address Email
Property Owner’s Signature City/State/ZIP Date Signed Phone
OPERATOR DECLARATION
I acknowledge that I have read all State and County guidelines for the operations of outdoor dining and
agree to comply with applicable guidelines/requirements.
Applicant's Signature Date:
Please attach the following exhibits:
Site Plan with accurate, dimensioned, scaled drawings showing the business storefront, storefronts adjacent
to the business, and the full sidewalk, street, and/or parking area proposed to be used for outdoor dining
o Table and seating layout of the outdoor area as well as the layout of the indoor dining area.
o Indicate all temporary lighting, heaters, umbrellas, barriers (must not be affixed or inserted into the
ground or attached to any public utilities) proposed.
o Indicate Americans with Disability Act (ADA) accessible paths.
Copy of City of Cupertino Business License
If applicable, copy of Alcohol Beverage Control (ABC) license
Date Received: Planner:
Approved by:
FIRE BUILDING
ENVIRONMENTAL SERVICES CODE ENFORCEMENT
PUBLIC WORKS PLANNING
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Appendix C-1: Additional Businesses Allowed to Operate
Effective June 5, 2020
General Requirements
The “Additional Businesses” listed below may begin operating, subject to the requirements set
forth in the Order and to any additional requirements set forth below or in separate industry-
specific guidance by the Health Officer. These businesses were selected to implement a
measured expansion of commercial activity based on health-related considerations including the
risks of COVID-19 transmission associated with types and modes of business operations, the
ability to substantially mitigate transmission risks associated with the operations, and related
factors, such as the following:
Increase in mobility and volume of activity—the overall impact the reopening will
have on the number of people leaving their homes and traveling to work at or access the
business;
Contact intensity—the type (close or distant) and duration (brief or prolonged) of the
contact involved in the business;
Number of contacts—the approximate number of people that will be in the setting at the
same time;
Modification potential—the degree to which mitigation measures can decrease the risk
of transmission.
To mitigate the risk of transmission to the greatest extent possible, each Additional Business
must, before resuming operations:
1) Prepare and complete a Social Distancing Protocol (SDP) for each of its facilities in the
County used by Personnel or the public, using the template provided in Appendix A to
the Order.
2) The COVID-19 PREPARED Sign and SDP Visitor Information Sheet, which are
included with Appendix A, must be printed and posted at or near the entrance of the
facility, such as a window, and shall be easily viewable by the public and Personnel from
outside the facility.
3) The SDP must be distributed to all Personnel working at the facility. Implement all
measures in the Social Distancing Protocol prior to opening.
4) Print and post all signage required in the SDP. Several sign templates are available on
the Public Health Department’s website at:
https://www.sccgov.org/sites/covid19/Pages/learn-what-to-do-flyers.aspx.
As used in this Appendix C-1, “Personnel” means the following people who provide goods or
services or perform operations associated with the Additional Business in the County:
employees; contractors and sub-contractors (such as those who sell goods or perform services
onsite or who deliver goods for the business); independent contractors (such as “gig workers”
who perform work via the Additional Business’s application or other online interface); vendors
who are permitted to sell goods onsite; volunteers; and other individuals who regularly provide
services onsite at the request of the Additional Business.
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In addition, each Additional Business must comply with Social Distancing Requirements and all
relevant state guidance and local directives. Where differences exist between the state guidance
and local public heath directives related to the COVID-19 pandemic, the most restrictive
provision controls.
List of Additional Businesses
For purposes of the Order, Additional Businesses include the following:
(1) Retail
a. Basis for Addition. Retail typically involves a moderate level of contact for a short
duration of time and can proceed with limitations to ensure adequate social distancing
and decrease the risk of transmission.
b. Description and Conditions to Operate. All retail businesses, including wholesale
businesses, may operate subject to the following limitations in addition to those required
elsewhere in the Order:
i. Unless operating as an Essential Business or Outdoor Business or to carry out
an Essential Governmental Function, the total number of Personnel present at
a facility that qualifies under this category must at any one time be no more
than one Personnel per 300 gross square feet of the facility, and no more than
one customer per 200 square feet of space open to the public.
(2) Manufacturing
a. Basis for Addition. Risks associated with this activity can be mitigated through measures
that ensure adequate social distancing and limit intermixing between households.
b. Description and Conditions to Operate. All manufacturing businesses may operate
subject to the following limitations in addition to those required elsewhere in the Order:
i. Unless operating as an Essential Business or to carry out an Essential
Governmental Function, the total number of persons (including Personnel,
customers, delivery persons, or other persons) present at a facility that
qualifies under this category must at any one time be no more than one person
per 300 gross square feet of the facility.
(3) Logistics, Warehousing, Delivery, and Distribution
a. Basis for Addition. Risks associated with this activity can be mitigated through measures
that ensure adequate social distancing and limit intermixing between households.
b. Description and Conditions to Operate. All logistics, warehousing, delivery, and
distribution businesses may operate subject to the following limitations in addition to
those required elsewhere in the Order:
i. Unless operating as an Essential Business or to carry out an Essential
Governmental Function, the total number of persons (including Personnel,
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customers, delivery persons, or other persons) present at a facility that
qualifies under this category must at any one time be no more than one person
per 300 gross square feet of the facility.
ii. All delivery and distribution activities must take place with the minimum
number of persons in a vehicle necessary to safely operate the vehicle and
carry out relevant job functions.
iii. In addition to the requirements set forth in the Order regarding face coverings,
Personnel must wear face coverings at all times when inside a vehicle to carry
out operations that qualify under this category, except Personnel who are
exempted from the face covering requirement pursuant to the Health Officer’s
Critical Guidance on Face Coverings.
(4) Outdoor Museums, Outdoor Historical Sites, and Publicly Accessible Gardens
a. Basis for Addition. Visiting outdoor museums, outdoor historical sites, and publicly
accessible gardens involves low contact intensity and a low number of contacts so long as
proper social distancing is maintained at all times. Interactions and activities that occur
outdoors carry a lower risk of transmission than most indoor interactions and activities.
Because outdoor recreation is already allowed under the Order, resumption of this
activity should result in only a relatively modest increase in mobility and may decrease
congestion in other outdoor locations like public parks and beaches.
b. Description and Conditions. Outdoor museums, outdoor historical sites, and publicly
accessible gardens may open subject to the following limitations in addition to those
required elsewhere in the Order:
i. Members of the public are not allowed to access any indoor facilities
associated with outdoor museums, outdoor historical sites, or publicly
accessible gardens, except to use restrooms, which must be frequently
cleaned. All business and transactions involving members of the public must
occur outdoors.
ii. Businesses operating under this category must implement measures to ensure
that social distancing of at least six feet is maintained at all times other than
between members of the same household.
(5) Childcare, Camps, and other Educational or Recreational Institutions for All
Children
a. Basis for Addition. These businesses are critical to children’s physical, mental, and social
development, and also play a vital role in families’ social and economic wellbeing.
However, these programs involve a relatively high quantity, intensity, and duration of
contacts, and children are often unable to consistently follow social distancing and
sanitation requirements that apply to other types of businesses. Risk associated with this
category of businesses can be mitigated to some degree with limitations on the size of the
groups and on intermixing between groups. In addition, because many of these businesses
are already allowed to operate for some children, this addition creates a relatively modest
expansion of activity.
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b. Description and Conditions to Operate. All childcare establishments, camps, and other
educational or recreational institutions or programs may provide their services to all
children subject to the following limitations in addition to those required elsewhere in the
Order:
i. Programs must be carried out in stable groups of 12 or fewer children
(“stable” means that the same 12 or fewer children are in the same group each
day).
ii. Children within a program shall not change from one group to another within
that program.
iii. If more than one group of children is at one facility, each group shall be in a
separate room. Groups shall not mix with each other.
iv. Providers or educators shall remain solely with one group of children.
v. Children may not move from one program to another more frequently than
once every three weeks, or take part in more than one program
simultaneously.
(6) Limited Services That Do Not Require Customer Contact
a. Basis for Addition. The limited services allowed to open involve minimal, low-intensity,
short-duration interaction between Personnel and customers. Risks associated with this
activity can be mitigated through measures that ensure adequate social distancing and
limit intermixing between households.
b. Description and Conditions to Operate. Limited services that do not require customer
contact including but not limited to, pet grooming (including mobile pet grooming), pet
daycare, dog walking, repair services (including shoe, watch, jewelry, and other repair
services), home cooking services, tailoring, car detailing, residential and janitorial
cleaning services, and home maintenance, may operate subject to the following
limitations in addition to those required elsewhere in the Order:
i. If the service is operated out of a business facility that is not an Essential
Business or Outdoor Business or used to carry out an Essential Governmental
Function, the total number of persons (including Personnel, customers,
delivery persons, or other persons) present at the facility must any one time be
no more than one person per 300 gross square feet of the facility, and no more
than one customer per 200 square feet of space open to the public.
ii. To the extent feasible, all interactions and transactions between Personnel and
customers must occur outdoors.
iii. To the extent feasible, businesses must provide an option to customers that
allows them to order and pay for products online or by phone prior to arriving
at the facility.
iv. To the extent feasible, items serviced must be disinfected prior to being
returned to customers.
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Effective June 5, 2020
(7) Outdoor Dining
a. Basis for Addition. Outdoor dining provides access to freshly prepared meals at a
relatively low risk of transmission. Because food service will be limited to outdoor areas,
the overall volume of increased activity will be modest. In addition, interactions and
activities that occur outdoors carry a lower risk of transmission than most indoor
interactions and activities. Risks associated with these operations can be substantially
mitigated with conditions to ensure adequate social distancing and limit intermixing
between households.
b. Description and conditions to operate: Restaurants and other food facilities that provide
sit-down food service may provide outdoor, sit-down meals, subject to the following
limitations in addition to those required elsewhere in the Order:
i. Outdoor seating arrangements shall limit the number of patrons at a single table to
no more than six (6) individuals, all of whom must be from the same household or
living unit. Members of separate households or living units are not allowed to
dine at the same table.
ii. All tables must be separated to ensure that six-feet minimum social distance can
easily be maintained between all members of separate households or living units
at all times. For clarity, patrons who are members of the same household or living
unit and seated together at a table do not need to be six feet apart.
iii. Alcohol may be sold to patrons in conjunction with a meal, but it may not be sold
independently.
iv. Bar areas must remain closed to customers.
v. Entertainment events are not allowed at this time.
vi. Outdoor dining, placement of outdoor seating arrangements, and food service
must be in compliance with local laws, regulations, and permitting requirements.
vii. Facilities that open for outdoor dining must offer curbside pickup, takeaway,
and/or delivery service alternatives.
(8) Outdoor Swimming Pools
a. Basis for Addition. Outdoor swimming pools have few high-touch surfaces and do not
require shared equipment. Risks associated with outdoor swimming pools can be
substantially mitigated with limitations to ensure adequate social distancing and limit
intermixing between households.
b. Description and Conditions to Operate. Outdoor swimming pools may operate subject to
the following limitations in addition to those required elsewhere in the Order:
i. Lap swimming must be limited to one swimmer per lane, except that members
of the same household or living unit may occupy a single lane.
ii. Use of shared swimming areas must be limited to no more than one swimmer
per 300 square feet of shared pool space.
iii. Except for members of the same household, swimmers shall remain at least
six feet apart at all times.
iv. At least one person, separate from a lifeguard, shall be on duty at all times to
ensure that the social distancing protocol applicable to the facility and all
limitations herein are followed.
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v. Locker rooms shall be closed to the public, except for use as a restroom.
vi. All gathering shall be prohibited outside the pool, such as on pool decks,
except that members of a household may observe a child or other person
swimming to ensure safety and supervision.
(9) Campgrounds
a. Basis for Addition. Camping is an outdoor activity and can occur with members of one’s
own household without generating substantial risk of contact with other households.
Risks associated with this activity can be mitigated through measures that ensure
adequate social distancing and limit intermixing between households.
b. Description and Conditions. Campgrounds may operate subject to the following
limitations additional to those required elsewhere in the Order:
i. Only designated camping spots shall be used.
ii. Each camping spot shall be occupied by no more than one household or living
unit.
iii. If camping spots are immediately adjacent to one another, there shall at least
one closed camping spot between each open camping spot to maintain
adequate distance between households or living units.
iv. Yurts, dorms, cabins, “glamping” facilities, and other permanent facilities
may not be used, except for restrooms, food lockers, dishwashing stations, and
drinking water stations, which must be frequently sanitized.
v. To the extent feasible, reservations shall be made by phone or online prior to
arrival.
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COVID-19
INDUSTRY
GUIDANCE:
Dine-In Restaurants
May 12, 2020
covid19.ca.gov
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OVERVIEW
On March 19, 2020, the State Public Health Officer and Director of the California
Department of Public Health issued an order requiring most Californians to stay at home
to disrupt the spread of COVID-19 among the population.
The impact of COVID-19 on the health of Californians is not yet fully known. Reported
illness ranges from very mild (some people have no symptoms) to severe illness that may
result in death. Certain groups, including people aged 65 or older and those with serious
underlying medical conditions, such as heart or lung disease or diabetes, are at higher
risk of hospitalization and serious complications. Transmission is most likely when people
are in close contact with an infected person, even if that person does not have any
symptoms or has not yet developed symptoms.
Precise information about the number and rates of COVID-19 by industry or
occupational groups, including among critical infrastructure workers, is not available at
this time. There have been multiple outbreaks in a range of workplaces, indicating that
workers are at risk of acquiring or transmitting COVID-19 infection. Examples of these
workplaces include long-term care facilities, prisons, food production, warehouses,
meat processing plants, and grocery stores.
As stay-at-home orders are modified, it is essential that all possible steps be taken to
ensure the safety of workers and the public.
Key prevention practices include:
✓ physical distancing to the maximum extent possible,
✓ use of face coverings by employees (where respiratory protection is not
required) and customers/clients,
✓ frequent handwashing and regular cleaning and disinfection,
✓ training employees on these and other elements of the COVID-19 prevention plan.
In addition, it will be critical to have in place appropriate processes to identify new
cases of illness in workplaces and, when they are identified, to intervene quickly and
work with public health authorities to halt the spread of the virus.
PURPOSE
This document provides guidance for dine-in restaurants, brewpubs, craft distilleries,
breweries, bars, pubs, and wineries to support a safe, clean environment for workers
and customers. The guidance is not intended to revoke or repeal any employee rights,
either statutory, regulatory or collectively bargained, and is not exhaustive, as it does
not include county health orders, nor is it a substitute for any existing safety and health -
related regulatory requirements such as those of Cal/OSHA.1 Stay current on changes to
public health guidance and state/local orders as the COVID-19 situation continues.
Cal/OSHA has more comprehensive guidance on their Cal/OSHA Interim General
Guidelines on Protecting Workers from COVID-19 webpage. The U.S. Food and Drug
Administration has guidance for restaurants and the CDC has additional requirements
in their guidance for businesses and employers.
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• Brewpubs, breweries, bars, pubs, craft distilleries, and wineries should
remain closed until those establishments are allowed to resume modified
or full operation unless they are offering sit-down, dine-in meals. Alcohol
can only be sold in the same transaction as a meal.
• Dine-in restaurants, brewpubs, breweries, bars, pubs, craft distilleries, and
wineries that provide sit-down meals should follow the restaurant
guidance below and should continue to encourage takeout and delivery
service whenever possible.
• Brewpubs, breweries, bars, pubs, craft distilleries, and wineries that do not
provide sit-down meals themselves, but can contract with another
vendor to do so, can serve dine-in meals provided both businesses follow
the guidance below and alcohol is only sold in the same transaction as a
meal.
• Venues that are currently authorized to provide off sale beer, wine, and
spirits to be consumed off premises and do not offer sit-down, dine-in
meals should follow the guidance for retail operations and offer curbside
sales only, until local and/or statewide rules allow additional retail activity.
• Producers of beer, wine, and spirits should follow the guidance for
manufacturing operations.
• This guidance is not intended for concert, performance, or entertainment
venues. Those types of establishments should remain closed until they are
allowed to resume modified or full operation through a specific
reopening order or guidance. Establishments that serve full meals must
discontinue this type of entertainment until these types of activities are
allowed to resume modified or full operation.
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Workplace Specific Plan
• Establish a written, worksite-specific COVID-19 prevention plan at every
location, perform a comprehensive risk assessment of all work areas, and
designate a person at each establishment to implement the plan.
• Identify contact information for the local health department where the
restaurant is located for communicating information about COVID-19
outbreaks among employees or customers.
• Train and communicate with employees and employee representatives
on the plan.
• Regularly evaluate the establishment for compliance with the plan and
document and correct deficiencies identified.
• Investigate any COVID-19 illness and determine if any work-related
factors could have contributed to risk of infection. Update the plan as
needed to prevent further cases.
• Identify close contacts (within six feet for 15 minutes or more) of an
infected employee and take steps to isolate COVID-19 positive
employee(s) and close contacts.
• Adhere to the guidelines below. Failure to do so could result in workplace
illnesses that may cause operations to be temporarily closed or limited.
Topics for Employee Training
• Information on COVID-19, how to prevent it from spreading, and which
underlying health conditions may make individuals more susceptible to
contracting the virus.
• Self-screening at home, including temperature and/or symptom checks
using CDC guidelines.
• The importance of not coming to work if employees have a frequent
cough, fever, difficulty breathing, chills, muscle pain, headache, sore
throat, recent loss of taste or smell, or if they or someone they live with
have been diagnosed with COVID-19.
• To seek medical attention if their symptoms become severe, including
persistent pain or pressure in the chest, confusion, or bluish lips or face.
Updates and further details are available on CDC’s webpage.
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• The importance of frequent handwashing with soap and water, including
scrubbing with soap for 20 seconds (or using hand sanitizer with at least
60% ethanol or 70% isopropanol when employees cannot get to a sink or
handwashing station, per CDC guidelines).
• The importance of physical distancing, both at work and off work time
(see Physical Distancing section below).
• Proper use of face coverings, including:
o Face coverings do not protect the wearer and are not personal
protective equipment (PPE).
o Face coverings can help protect people near the wearer, but do not
replace the need for physical distancing and frequent handwashing.
o Employees should wash or sanitize hands before and after using or
adjusting face coverings.
o Avoid touching the eyes, nose, and mouth.
o Face coverings should be washed after each shift.
• Information on employer or government-sponsored leave benefits the
employee may be entitled to receive that would make it financially easier
to stay at home. See additional information on government programs
supporting sick leave and worker’s compensation for COVID-19, including
employee’s sick leave rights under the Families First Coronavirus Response
Act and the Governor’s Executive Order N-51-20, and employee’s rights
to workers’ compensation benefits and presumption of the work-
relatedness of COVID-19 pursuant to the Governor’s Executive order N-62-
20.
Individual Control Measures and Screening
• Provide temperature and/or symptom screenings for all workers at the
beginning of their shift and any vendors, contractors, or other workers
entering the establishment. Make sure the temperature/symptom
screener avoids close contact with workers to the extent possible. Both
screeners and employees should wear face coverings for the screening.
• If requiring self-screening at home, which is an appropriate alternative to
providing it at the establishment, ensure that screening was performed
prior to the worker leaving the home for their shift and follows CDC
guidelines, as described in the Topics for Employee Training section
above.
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• Encourage workers who are sick or exhibiting symptoms of COVID-19 to
stay home.
• Employers should provide and ensure workers use all required protective
equipment, including face coverings and gloves where necessary.
• Employers should consider where disposable glove use may be helpful to
supplement frequent handwashing or use of hand sanitizer; examples are
for workers who are screening others for symptoms or handling commonly
touched items. Workers should wear gloves when handling items
contaminated by body fluids.
• Face coverings are strongly recommended when employees are in the
vicinity of others. Workers should have face coverings available and wear
them when at work, in offices, or in a vehicle during work-related travel
with others. Face coverings must not be shared.
• Establishments must take reasonable measures, including posting signage
in strategic and highly-visible locations, to remind the public that they
should use face coverings and practice physical distancing while waiting
for service and take-out.
• Servers, bussers, and other workers moving items used by customers (dirty
cups, plates, napkins, etc.) or handling trash bags should use disposable
gloves (and wash hands before putting them on and after removing
them) and provide aprons and change frequently.
• Dishwashers should use equipment to protect the eyes, nose, and mouth
from contaminant splash using a combination of face coverings,
protective glasses, and/or face shields. Dishwashers must be provided
impermeable aprons and change frequently. Reusable protective
equipment such as shields and glasses should be properly disinfected
between uses.
Cleaning and Disinfecting Protocols
• Perform thorough cleaning in high traffic areas, such as customer waiting
areas and lobbies, break rooms, lunch areas and areas of ingress and
egress including host stands, entry ways, stairways, stairwells, escalators,
handrails, and elevator controls. Frequently disinfect commonly used
surfaces including doors, door handles, crash bars, light switches, waiting
area chairs, credit card terminals, ATM PIN pads, receipt trays, bus tubs,
serving trays, water pitcher handles, phones, toilets, and handwashing
facilities.
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• Frequently clean items touched by patrons, especially those that might
attract contact from children including candy and toy vending
machines, decorative fish tanks, display cases, decorative fountains, etc.
• Clean touchable surfaces between shifts or between users, whichever is
more frequent, including but not limited to working surfaces, phones,
registers, touchpads/touchscreens, tablets, timeclocks, appliances,
kitchen and bar utensils and implements, oven doors, grill and range
knobs, carts and trolleys, keys, etc.
• Avoid sharing audio equipment, phones, tablets, laptops, desks, pens,
and other work supplies wherever possible. Never share PPE.
• Discontinue shared use of audio headsets and other equipment between
employees unless the equipment can be properly disinfected after use.
Consult equipment manufacturers to determine appropriate disinfection
steps, particularly for soft, porous surfaces such as foam earmuffs.
• Provide time for workers to implement cleaning practices during their shift.
Cleaning assignments should be assigned during working hours as part of
the employees’ job duties.
• Procure options for third-party cleaning companies to assist with the
increased cleaning demand, as needed.
• Equip spaces such as dining rooms, bar areas, host stands, and kitchens
with proper sanitation products, including hand sanitizer and sanitizing
wipes to all staff directly assisting customers.
• Ensure that sanitary facilities stay operational and stocked at all times and
provide additional soap, paper towels, and hand sanitizer when needed.
• When choosing cleaning chemicals, employers should use products
approved for use against COVID-19 on the Environmental Protection
Agency (EPA)-approved list and follow product instructions. Use
disinfectants labeled to be effective against emerging viral pathogens,
diluted household bleach solutions (5 tablespoons per gallon of water), or
alcohol solutions with at least 70% alcohol that are appropriate for the
surface. Provide employees training on manufacturer’s directions and
Cal/OSHA requirements for safe use. Workers using cleaners or
disinfectants should wear gloves as required by the product instructions.
• Restaurants should increase fresh air circulation by opening windows or
doors, if possible to do so.
• Consider installing portable high-efficiency air cleaners, upgrading the
building’s air filters to the highest efficiency possible, and making other
modifications to increase the quantity of outside air and ventilation in all
working areas.
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• Provide disposable menus to guests and make menus available digitally
so that customers can view on a personal electronic device, if possible. If
disposable menus cannot be provided, properly disinfect menus before
and after customer use. Consider options for customers to order ahead of
time.
• Discontinue pre-setting tables with napkins, cutlery, glassware, food ware,
etc. These should be supplied individually to customers as needed. Do not
leave card stands, flyers, napkin holders, or other items on tables.
• Suspend use of shared food items such as condiment bottles, salt and
pepper shakers, etc. and provide these foods in single serve containers, if
possible. Where this is not possible, shared items such as condiment
bottles, shakers, etc., should be supplied as needed to customers and
disinfected after each use.
• Pre-roll utensils in napkins prior to use by customers. Employees must wash
hands before pre-rolling utensils in napkins. The pre-roll should then be
stored in a clean container. After customers are seated, the pre-roll
should be put on the table by an employee who recently washed their
hands.
• Reusable customer items including utensils, food ware, breadbaskets,
etc., must be properly washed, rinsed, and sanitized. Cleaned flatware,
stemware, dishware, etc., must be properly stored away from customers
and personnel until ready for use. Use disposable items if proper cleaning
of reusable items is infeasible.
• Takeout containers must be filled by customers and available only upon
request.
• Dirty linens used at dining tables such as tablecloths and napkins should
be removed after each customer use and transported from dining areas
in sealed bags. Employees should wear gloves when handling dirty linens.
• Thoroughly clean each customer dining location after every use. This will
include disinfecting tables, chairs, booster seats, highchairs, booths, etc.
and allowing adequate time for proper disinfection, following product
instructions. Many EPA-approved disinfectants require minimal contact
time (seconds to one minute) against human coronavirus.
• Close areas where customers may congregate or touch food or food
ware items that other guests may use. Provide these items to guests
individually and discard or clean and disinfect after each use, as
appropriate. This includes but is not limited to:
o Self-service areas with condiment caddies, utensil caddies, napkins,
lids, straws, water pitchers, to-go containers, etc.
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o Self-service machines including ice, soda, frozen yogurt dispensers,
etc.
o Self-service food areas such as buffets, salsa bars, salad bars, etc.
• Discontinue tableside food preparation and presentation such as food
item selection carts and conveyor belts, guacamole preparation, etc.
• Do not leave out after-meal mints, candies, snacks, or toothpicks for
customers. Offer them with the check or provide only on request.
• Install hand sanitizer dispensers, touchless if possible, at guest and
employee entrances and contact areas such as driveways, reception
areas, in dining rooms, near elevator landings, etc.
• Discontinue use of shared entertainment items such as board games,
pool tables, arcade games, vending machines, etc. Close game and
entertainment areas where customers may share items such as bowling
alleys, etc.
• Continue to follow existing codes regarding requirements for sanitizing
(rather than disinfecting) food contact surfaces.
Physical Distancing Guidelines
• Prioritize outdoor seating and curbside pickup to minimize cross flow of
customers in enclosed environments. Restaurants can expand their
outdoor seating, and alcohol offerings in those areas, if they comply with
local laws and regulations.
• Provide takeout, delivery, and drive through options for customers when
possible.
• Encourage reservations to allow for time to disinfect restaurant areas and
provide guidance via digital platforms if possible to customers for physical
distancing while at the restaurant.
• Consider allowing dine-in customers to order ahead of time to limit the
amount of time spent in the establishment.
• Ask customers to wait in their cars or away from the establishment while
waiting to be seated. If possible, alert patrons through their mobile
phones when their table is ready to avoid touching and use of “buzzers.”
• Implement measures to ensure physical distancing of at least six feet
between workers and customers. This can include use of physical
partitions or visual cues (e.g., floor markings or signs to indicate to where
employees and/or guests should stand).
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• Install physical barriers or partitions at cash registers, bars, host stands, and
other areas where maintaining physical distance of six feet is difficult.
• Any area where guests or employees queue should also be clearly
marked for appropriate physical distancing. This includes check-stands
and terminals, deli counters and lines, restrooms, elevator lobbies, host
stands and waiting areas, valet drop off and pickup, and any other area
where customers congregate.
• Physical distancing protocols should be used in any office areas, kitchens,
pantries, walk-in freezers, or other high-density, high-traffic employee
areas. Face coverings are required where employees cannot maintain
physical distancing including in kitchens, storage areas, etc.
• Employee pre-shift meetings and trainings should be conducted virtually
or in areas that allow for appropriate physical distancing between
employees. Food, beverages, food ware, etc., should not be shared.
• Stagger employee breaks, in compliance with wage and hour
regulations, to maintain physical distancing protocols.
• Consider offering workers who request modified duties options that
minimize their contact with customers and other employees (e.g.,
managing inventory rather than working as a cashier or managing
administrative needs through telework.
• Reconfigure office spaces, lobbies, beverage bars, kitchens and
workstations, host stand areas, and other spaces wherever possible to
allow for at least six feet of distance between people dining, working,
and passing through areas for entry and exit.
• Remove tables and chairs from dining areas so that six feet of physical
distance can be maintained for customers and employees. If tables,
chairs, booths, etc., cannot be moved, use visual cues to show that they
are not available for use or install Plexiglas or other types of impermeable
physical barriers to minimize exposure between customers.
• Bar areas should remain closed to customers.
• Discontinue seating of customers where customers cannot maintain six
feet of distance from employee work and food and drink preparation
areas.
• Adjust maximum occupancy rules inside the establishment based on its
size to limit the number of people inside and/or use impermeable barriers
between service tables to protect customers from each other and
employees. For outdoor seating, maintain physical distancing standards
outlined above.
• Limit the number of patrons at a single table to a household unit or
patrons who have asked to be seated together. People in the same
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party seated at the same table do not have to be six feet apart. All
members of the party must be present before seating and hosts must
bring the entire party to the table at one time.
• Limit the number of employees serving individual parties, in compliance
with wage and hour regulations.
• Face coverings are strongly encouraged for all employees, however,
they are required for any employee (e.g., server, manager, busser, food
runner, etc.) who must be within six feet of customers. All restaurant
workers should minimize the amount of time spent within six feet of guests.
• Close breakrooms, use barriers, or increase distance between
tables/chairs to separate workers and discourage congregating during
breaks. Where possible, create outdoor break areas with shade covers
and seating that ensures physical distancing.
• Reconfigure kitchens to maintain physical distancing in those areas
where practical and if not practical staggers shifts if possible to do work
ahead of time.
• Discourage food preparation employees from changing or entering
others’ work stations during shifts.
• Discourage employees from congregating in high traffic areas such as
bathrooms, hallways, bar areas, reservation and credit card terminals,
etc.
• Establish directional hallways and passageways for foot traffic, if possible,
to eliminate employees from passing by one another.
• Require employees to avoid handshakes and similar greetings that break
physical distance.
• Eliminate person-to-person contact for delivery of goods whenever
possible. Designate drop-off locations to receive deliveries away from
high traffic areas. Maintain physical distance of at least six feet with
delivery drivers.
• Guests should enter through doors that are propped open or automated,
if possible. Hand sanitizer should be available for guests who must touch
door handles.
• Implement peak period queueing procedures, including a host to remind
guests to queue with at least six feet of distance between parties outside
or in waiting areas.
• Employees should not open the doors of cars or taxis.
• Takeout food items should be made available using contactless pick-up
and delivery protocols.
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• Avoid touching others’ pens and clipboards. If possible, install transfer-
aiding materials, such as shelving and bulletin boards, to reduce person-
to-person hand-offs.
Considerations for Restaurants
• Display a set of clearly visible rules for customers and restaurant personnel
at the restaurant entrance(s) that are to be a condition of entry. The rules
could include instructions to use hand sanitizer, maintain physical
distance from other customers, avoid unnecessary touching of restaurant
surfaces, contact information for the local health department, and
changes to restaurant services. Whenever possible, the rules should be
available digitally, include pictograms, and included on/with menus.
• Guests and visitors should be screened for symptoms upon arrival, asked
to use hand sanitizer, and to bring and wear a face covering when not
eating or drinking. Appropriate signage should also be prominently
displayed outlining proper face covering usage and current physical
distancing practices in use at all entrances and throughout the property.
• Licensed restaurants may sell “to-go” alcoholic beverages, prepared
drinks, and pre-mixed cocktails provided they are sold and delivered to
customers in conjunction with the sale and delivery of a meal/meals.
1Additional requirements must be considered for vulnerable populations. Dine-in restaurants,
breweries, brewpubs, craft distilleries, and wineries that provide meals must comply with all
Cal/OSHA standards and be prepared to adhere to its guidance as well as guidance from the
Centers for Disease Control and Prevention (CDC) and the California Department of Public
Health (CDPH). Additionally, employers should be prepared to alter their operations as those
guidelines change.
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