CC Ordinance No. 20-2211 Temporarily Waiving Permit Fees for Certain Temporary Commercial Signs and BannersORDINANCE NO. 20-2211
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO TEMPORARILY WAIVING PERMIT FEES FOR CERTAIN
TEMPORARY COMMERCIAL SIGNS AND BANNERS
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 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 16, 2020, the County, along with five other Bay Area counties,
issued a sweeping "Shelter -in -Place" Order that included limitations on non -essential
work and operations; and
WHEREAS, there have since been numerous shelter -in -place orders; and
WHEREAS, the latest Shelter -in -Place order was issued on May 18, 2020 and
continued restrictions on indoor dining, retail, and personal care services operations
until further notice; and although the County's June 5 and July 2, 2020 updates to the
Shelter -in -Place Order allowed several new categories of businesses and activities to
reopen, subject to specific conditions and limitations, key restrictions remain in place
under these updates, requiring people to stay in their homes except when engaging in
certain essential or allowed activities; and
WHEREAS, the new activities and businesses allowed to reopen under the updated
Order included retail and shopping centers for in-store shopping, subject to
limitations/social distancing; however, indoor dining and personal care services were
not allowed to reopen; and
Ordinance No. 20-2211
Page 2
WHEREAS, on July 15, 2020, the Governor ordered,. for counties on the State
Monitoring List, including Santa Clara County, the closure of indoor operations for
additional sectors that include personal care services like barbershops, hair salons, nail
salons, and similar business, as well as gyms and fitness facilities; and specified that
certain operations may continue outdoors, where risk of transmission of COVID-19 is
lower, under specified circumstances; and
WHEREAS, on August 28, 2020, the State released its Blueprint for a Safer Economy
('Blueprint"), which outlines an updated framework for a safe progression of opening
more businesses and activities in light of the pandemic in phases; and
WHEREAS, local businesses are essential to the Cupertino economy and sales tax base
for the City, and provide essential goods and services to residents, and local businesses
must be able to operate during the COVID-19 pandemic in order to ensure public
health, safety, and welfare; and
WHEREAS, the COVID-19 pandemic, Shelter -in -Place orders, associated restrictions
on business operations, and reduced customer traffic have imposed severe hardships
on local businesses; and
WHEREAS, local businesses must be able to attract customers in order to viably
maintain operations during the COVID-19 pandemic, and the extended use of
temporary signs can be an effective tool to advertise business operations and
communicate with customers; and
WHEREAS, if businesses are not allowed to effectively advertise key information to
inform customers of modified hours or operational changes, they will be forced to
permanently close, which will lead to the loss of local jobs vital to the Cupertino
community; and
WHEREAS, Cupertino businesses employ Cupertino residents, and if businesses close
during the pandemic, it has a direct impact on those who relied on local businesses for
employment; and
WHEREAS, the well-being of Cupertino's businesses is thus essential to the welfare of
Cupertino residents and business -owners; and
WHEREAS, many businesses provide essential goods and services (e.g., groceries,
pharmacies, restaurants, etc.) that are necessary to public health, safety, and welfare;
and
WHEREAS, temporarily waiving the permit requirement fees for such signs will
support local businesses and their ability to operate during the COVID-19 pandemic,
and these measures will help protect public health, safety, and welfare; and
Ordinance No. 20-2211
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NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO
DOES ORDAIN AS FOLLOWS:
SECTION 1. For purposes of this ordinance, a qualifying temporary sign means any
special event banner, promotional device, or portable sign and display erected
pursuant to Cupertino Municipal Code ( " C M C " ) section 19.104.270.
SECTION 2. Cupertino Municipal Code Section 19.104.270 provides for the
temporary erection of these qualifying temporary signs subject to the issuance of a
permit, and the City charges a fee to apply for such a permit. However, in order to
allow Cupertino businesses to attract business during the COVID-19 pandemic, no fee
shall be charged to apply for a Temporary Sign Permit until the expiration of the
Shelter in Place orders or until further notice from the City Council, whichever is
sooner.
SECTION 3. Any permit issued under this Urgency Ordinance is non -transferable,
and only the business for which the temporary sign permit was issued may erect a
sign pursuant to the permit. Except for the temporary waiver of the permit application
fee noted above, he standards pertaining to banners, promotional devices, and
portable signs and displays shall remain consistent with the existing standards in
Section 19.104.270.
A Temporary Sign Permit does not create any property interest, and the Director of
Community Development may revoke a Temporary Sign Permit issued pursuant to
this ordinance at any time and for any reason. The temporarily waiving of the permit
requirement fees shall terminate upon the expiration of the Shelter in Place orders or
upon further notice from the City Council, whichever is sooner.
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 September 15, 2020 City Council meeting.
SECTION 5. The City Council of the City of Cupertino held a duly noticed public
meeting on September 15, 2020, and after considering all testimony and written
Ordinance No. 20-2211
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materials provided in connection with that meeting introduced this ordinance and
waived the readingthereof.
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 S: 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
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.
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Page 5
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 regular meeting of the City Council held on September 15, 2020, by the
following vote:
Vote Members of the City Council
AYES:
Paul, Chao, Sinks, Willey
NOES:
None
ABSENT:
None
ABSTAIN: Scharf
SIGNED:
IL°
z )/;--a Zz
Steven Scharf, Mayor
Date
City of Cupertino
ATTEST:
Kirsten Squarcia, City Clerk
Date
APPROVED AS TO FORM:
Heather Minner, City Attorney
Date
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIRSTEN SQUARCIA, City Clerk and ex-officio Clerk of the
City Council of the City of Cupertino, California, do hereby certify the
attached to be a true and correct copy of Ordinance No. 20-2211 which
was enacted on September 15, 2020, and that it has been published or
posted pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this _21st_ day of _September_2020.
____________________________________________
KIRSTEN SQUARCIA, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California