Emergency Order No. 20-02 Authorizing Outdoor Operations of Retail and Personal Care Services UsesEMERGENCY ORDER NO. 20-02
AN ORDER BY THE DIRECTOR OF EMERGENCY SERVICES OF THE
CITY OF CUPERTINO AUTHORIZING THE OUTDOOR
OPERATIONS OF QUALIFYING ESTABLISHMENTS (RETAIL USES,
PERSONAL CARE SERVICES USES, AND GYM AND FITNESS
FACILITIES) PURSUANT TO A SPECIAL TEMPORARY OUTDOOR
OPERATIONS PERMIT
WHEREAS, Cupertino Municipal Code Section 2.40.060 empowers the City
Manager, as the Director of Emergency Services, to make and issue rules and regulations
on matters reasonably related to the protection of life and property as affected by a
proclaimed local emergency; and
WHEREAS, March 11, 2020, the City Manager, serving as the Director of
Emergency Services, issued a Proclamation of Local Emergency regarding the presence
and community spread of the COVID-19 pandemic, and on March 17, 2020, the City
Council ratified the Proclamation of Local Emergency; and
WHEREAS, the Director of Emergency Services does hereby find the following:
1. 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. This Order directed the closure of nonessential
operations, including most retail uses and personal care services uses.
2. The latest Shelter-in-Place order was issued on May 18, 2020 and continued
restrictions on indoor 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.
3. 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, personal care services, including
barbershops, hair salons, nail salons, and similar business, as well as gyms and
fitness facilities were not allowed to reopen.
4. 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 specifies that certain operations may continue outdoors, where risk of
transmission of COVID-19 is lower, under specified circumstances.
5. On July 15, 2020, mandatory directives from the Santa Clara County Health
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Officer went into effect, which established mandatory requirements for the
outdoor operation of personal care services and gyms and fitness facilities; and
WHEREAS, retail and personal care services businesses constitute an important
segment of the Cupertino economy and sales tax base for the City and their ability
to operate safely during the COVID-19 pandemic is reasonably related to the
protection of life and property as affected by a proclaimed local emergency; and
WHEREAS, retail uses and personal care services businesses, including
barbershops, hair salons, nail salons, and similar business, as well as gyms and fitness
facilities, can begin operations on-site in a manner than protects the public health and
safety if they operate in an outdoor, well-regulated setting, in accordance with the
guidelines from the State and operative County Shelter-in-Place Order and any
subsequent orders;
NOW, THEREFORE, IT IS HEREBY ORDERED that effective at 12:00 p.m. on
Wednesday, August 26, 2020, and continuing in effect until further notice from the
Director of Emergency Services or the City Council:
1. As used in this Order, a qualifying establishment means any retail use and
any “personal service” pursuant to Cupertino Municipal Code section
19.60.030 or “personal care services” as defined in the July 15, 2020 Santa
Clara County Mandatory Directive: Personal Care Services; and gyms and
fitness facilities that will be allowed to operate in compliance with
reopening protocols of the State of California and Santa Clara County.
2. Cupertino Municipal Code (“CMC”) Section 19.60.050(A)(1) requires that
retail uses and personal care services must be generally be conducted
entirely within a building or enclosed patio or atrium. However, in order
to allow qualifying establishments to operate outdoors in a safe manner
during the COVID-19 pandemic, this requirement is hereby temporarily
suspended, provided the operator obtains a Special Temporary Outdoor
Operations Permit and complies with the following requirements:
a. The guidelines as published by the California Department of Public
Health (CDPH) and State of California Department of Industrial
Relations (CAL/OSHA) in its COVID-19 Industry Guidance: Retail;
COVID-19 Industry Guidance: Hair Salon and Barbershop Services
Provided Outdoors; and COVID-19 Industry Guidance: Expanded
Personal Care Services, as may be amended from time to time or
any updated guidelines published by the CDPH and CAL/OSHA.
b. Any guiding document related to requirements from the California
Department of Consumer Affairs.
c. Any guiding document related to requirements from the Santa
Clara County Public Health Department, including but not limited
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to its Mandatory Directive: Personal Care Services, Mandatory
Directive: Gyms and Fitness Facilities, and Social Distancing
Protocols, as may be amended from time to time or any updated
guiding document from the Santa Clara County Public Health
Department.
d. Compliance with the City of Cupertino face coverings ordinance.
e. Outdoor operations shall be configured in a manner to:
i. Only be located along the frontage of the qualifying
establishment.
ii. Allow adequate social distancing.
iii. Meet ADA requirements and be compliant with the latest
adopted edition of the California Building Code.
iv. Not encroach into any existing egress and/or accessible
paths of travel to allow for comfortable flow of pedestrian
traffic.
v. 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 operations, the number of spaces used shall not
be more than 50% of the parking requirement of the establishment.
Utilized parking spaces shall be adjacent to the business.
g. No permanent fixtures are allowed.
i. Temporary umbrellas not affixed into the ground or other
objects are allowed. No signage is allowed on the umbrellas.
h. No operations are allowed within the public right-of-way without
first obtaining an encroachment permit from the Department of
Public Works.
i. 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.
j. Applicant must possess a City of Cupertino Business License.
k. 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.
3. A qualifying establishment may apply for a Special Temporary Outdoor
Operations 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.
EMERGENCY ORDER NO. 20-02
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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.
4. The Special Temporary Outdoor Operations 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 Operations Permit does not create any property
interest, and the Director of Community Development may revoke a
Special Temporary Outdoor Operations Permit issued pursuant to this
ordinance at any time and for any reason. The Special Temporary Outdoor
Operations Permit shall terminate upon the expiration of the Shelter in
Place orders.
5. If any section, subsection, sentence, clause, or phrase of this Order is for any
reason held to be invalid or unconstitutional, such decision shall not affect
the validity of the remaining portions of this Order.
The Cupertino City Council confirmed this Emergency Order in advance on August 25,
2020.
DATED this 26th day of August, 2020.
By:
Deborah Feng
Director of Emergency Services
City of Cupertino
ATTEST:
Kirsten Squarcia, City Clerk