city of del mar agenda report

City of Del MarAgenda Report

________________________________________________________________________________________________________

City Council Action:

TO: Honorable Mayor and City Council Members

FROM: Kristen M. Crane, Assistant City ManagerJoseph Smith, Planning & Community Development DirectorBeth Murray, Senior Management AnalystVia CJ Johnson, City Manager

DATE: September 8, 2020

SUBJECT: COVID-19 Business Assistance Efforts and Recommended Actions

REQUESTED ACTION/RECOMMENDATION:It is recommended that the City Council receive a presentation from staff and providedirection or take action on the following City Manager’s recommendations related tobusiness assistance, which are further described in this report:

1) Provide direction to staff on increasing the subsidy for permit fees for TemporaryUse Permits and Encroachment Permits and allocating $5,000 to $10,000 inadditional funding to subsidize permits from Measure Q;

2) Authorize the City Manager to use up to $2,500 from the COVID-19 EconomicUncertainty Contingency to fund costs for the “Dine on the Deck” pilot program onThursday evenings at the Civic Center from September 17th to October 9th;

3) Accept a $20,000 anonymous community donation for business assistance efforts,modify the budget, approve a proposed spending plan for the funds, and direct theCity Manager to work with the Del Mar Village Association;

4) Provide feedback to staff on the temporary allowance of two A-frame signs perbusiness;

5) Provide feedback on provisions for use of on-street parking for dining or otheruses;

6) Adopt two amended urgency ordinances (Attachments A and B) to extend theexpiration date associated with modifications to temporary commercial signrestrictions and temporary placement of A-frame signage in the public right-of-way,

1 September 8, 2020 Item 12

City Council Staff ReportCOVID-19 Response EffortsSeptember 8, 2020 of 9

and direct the City Manager to extend the expiration dates for all COVID-relatedpermits issued including temporary Encroachment Permits and Temporary UsePermits;

7) Authorize the City Manager to allow for a one-hour extension of alcohol sales,service, and consumption for any restaurant with an approved Sidewalk Cafépermit; and

8) Provide feedback to staff on the recommended approach for temporary allowanceof outdoor coverings.

DISCUSSION/ANALYSIS:The Coronavirus pandemic (COVID-19) has had a significant impact on the Del Mar smallbusiness community. Throughout the pandemic, working with local businesses and theDel Mar Village Association (DMVA) to facilitate recovery and reopening needs has beena priority. Attached is a letter sent July 31, 2020 to the City’s Business Support AdvisoryCommittee (BSAC) and DMVA Board summarizing business assistance efforts(Attachment C).

The purpose of this agenda report is to seek City Council direction and authorization ona number of initiatives related to business recovery, some of which have been identifiedby the business community and the DMVA, others identified by City staff. These topicareas are as follows:

Business Community Petitiono Additional Financial Assistance for Subsidizing Permit Fees

Proposal for “Dining on the Deck” at the Del Mar Civic Center $20,000 Community Donation for Business Assistance Consideration of Allowing On-Street Dining and Policy Direction on Extension of

Hours for Sidewalk Café Permits and Temporary Coverings Extension of Urgency Ordinances for Temporary Signage and A-frames on the

Public Sidewalk, and Expiration Dates for COVID-related TUPs and EPs

Business Community PetitionOn August 3, 2020, the City of Del Mar received a petition (Attachment D) signed by morethan 200 individuals from the business community requesting that the City immediatelyimplement comprehensive, proactive business support regulations aimed at assisting thebusinesses with their reopening efforts.

Staff carefully reviewed the initiatives being requested. Many of the particular requestseither can be accommodated through existing review processes that the City of Del Marhas in place or are topics that require City Council policy direction but do not necessitatean urgency ordinance. Each topic is addressed in detail on Attachment E, along withseveral specific areas on which staff is seeking City Council feedback, including



increasing subsidy for fees and amount of funding available for subsidies and temporarilyallowing one additional A-frame sign per business (for a total of two A-frame signs perbusiness). Two of the topics (extended hour for alcohol at sidewalk cafes and temporaryoutdoor coverings) are discussed below in more detail.

Acknowledging that each restaurant and business has site-specific needs andopportunities, since the spring, Planning and Community Development Department staffhas taken a “customized, one-on-one” approach to working with local businesses, usingthe existing tools of a Temporary Use Permit (TUP) for private property or anEncroachment Permit (EP) for public property/public right-of-way. Staff has offeredindividual meetings with businesses to review the permit processes available and to walkthrough their ideas in order to expedite approval. From staff’s perspective, in all cases,the goal is to ensure public safety and through-access; because of the uniqueness ofeach business’ location, this one-on-one approach is the most efficient and effective wayto quickly issue a permit and ensure the set-up is safe and maintains clear throughaccess. Attached is a sample list of how TUPs and EPs can be used (Attachment F); thisis meant to be a conversation starter as opposed to a limited list.

The fee for each of these review processes is $370 through September 3, 2020, which iseligible for the $500 COVID-19/CARES Act subsidy available to each business institutedby the City Council in Spring 2020. Per the Citywide Cost-of-Service Fee Study, whichwas completed and adopted July 6, 2020, the fees for these permits increase September4, 2020.1

As described in Attachment E, staff is seeking City Council direction on increasing the feesubsidy from $500 to $750 per business and allocating $5,000-$10,000 of Measure Qfunds to cover these subsidies once the $11,580 CARES Act allocation is fully expended.

Other Business Assistance Topics for Council ConsiderationIn addition to the topics identified in the petition, staff seeks City Council direction andauthorization on several other topics related to business assistance and recovery asdescribed below:

Dine on the Deck at Del Mar Civic CenterThe plaza deck at the Del Mar Civic Center has been well used by casual visitorsduring the pandemic enjoying the outdoor furniture. Many evenings, visitors areseen having picnics on the deck. In an effort to help local businesses, staffrecommends that the City sponsor a pilot program for four Thursday evenings fromSeptember 17 through October 9 from 4:00-8:00 pm to provide ten additionaltables with chairs set-up in a socially distanced manner. This program is basedon similar models offered in public parks in the cities of Coronado and Paso

1 Per the Cost of Service Fee Study adopted by the City Council July 6, 2020, the fees are set to adjustSeptember 4, 2020 from $370 to $436 for short-term Encroachment Permits and from $370 to $583 forminor Temporary Use Permits.



Robles. Two seatings would be offered, and the existing outdoor tables/chair setswould be incorporated, making a total of 16 tables available. The City wouldpartner with DMVA for publicity via social media, press releases, and through localbusinesses, with the goal being to encourage local residents to patronize Del Marrestaurants for take-out dining to enjoy on the Civic Center deck.

To ensure public health and safety, several strategies will be used, such as areservation system to book a table in advance and staffing to monitor and sanitizethe tables and chairs in between groups.

By using tables and chairs the City owns and partnering with DMVA for publicity,the cost for this activity is minimal at approximately $2,500 (or less) for the four-week pilot. To fund this program, staff recommends the City Council authorizeusing funds from the FY 2020-2021 COVID-19 Economic UncertaintyContingency. (The FY 2020-2021 COVID-19 Economic Uncertainty Contingencywas established at $125,000 for this fiscal year; to date, $22,000 from thatcontingency has been allocated toward the mask education and enforcementprogram.)

Questions have been raised as to whether participants would be able to bring theirown alcohol. In accordance with Del Mar Municipal Code Section 9.04.070, thatwould be allowed, since the limitations on alcohol on designated public property(including public buildings and public parks) are in effect from March 1st throughthe day after Labor Day at midnight. There are also no prohibitions per the CivicCenter Operations Plan.

Community Donation for Local Business AssistanceStaff was recently contacted by a community member, who wishes to remainanonymous, who has made a $20,000 donation to the City to assist localbusinesses. Staff collaborated with the DMVA to identify ways to assist as manybusinesses as possible in the most meaningful, cost-effective, and efficient way.

Staff and the DMVA are recommending two projects for use of the funds:

Downtown Del Mar Community Improvement Initiative – For one-time sidewalkand street furniture power washing and recurring/monitoring clean-up activitiesin the Downtown area for a limited duration of time to be determined based onfunding availability. The concept being considered is that DMVA would contractwith the Urban Corps of San Diego to complete this work, and the City wouldprovide funding to DMVA using monies from the $20,000 donation.

Del Mar Village Shop Local Community E-Gift Card Initiative – The funds wouldbe used to add a $10 bonus to supplement $25 gift cards purchased by thepublic for use at local businesses. DMVA would administer and promote this



program in partnership with local businesses. The program is envisioned to bean effective and easy way for local residents and visitors to support local smallbusinesses.

Attached is a letter of support from the DMVA (Attachment G). Staffrecommends that the City Council accept the donation, modify the budget toincorporate these monies, conceptually approve the proposed projects onwhich to spend the money, and direct the City Manager to work with the DMVAon the next steps, logistics, and payment.

Provisions for Use of On-Street Parking for Dining or Other UsesThere have been inquiries about using on-street parking spaces for on-streetdining or other commercial uses by adjacent businesses, in reaction to limitationson indoor operations by the County Public Health Orders. As a use in the publicright-of-way, businesses interested in pursuing this concept can apply for anEncroachment Permit (EP).

Staff is seeking City Council feedback for further consideration of this type of use.From staff’s perspective, to ensure safety and through access, minimum conditionsfor consideration would be as follows:

The area would need to have a continuous edge to buffer the street and restrictpedestrian access into the street, which could include event fencing, concreteplanter boxes, railing, cabling, or some other appropriate buffer, equipped withK-rail, water barriers, retroreflective signage, markers, or lighting. ADAaccessibility would also be required.

Consistent with EP applications for uses in the roadway, the business’ planwould need to be reviewed and stamped by a registered California TrafficEngineer, including necessary traffic safety equipment and barriers. The planwould also need to be reviewed by a drainage engineer to ensure the raiseddeck would not impede drainage flow. Depending on the proposed plan, reviewby the Building Official may also be required. The applicant would also needto accept liability for the encroachment and name the City as an additionalinsured on a $2 million general liability insurance policy.

Examples of locations where the type of use would not be allowed include, butare not limited to, in a bus lane, in front of a fire hydrant, and at a utility accesspoint.

Extended Allowance for Temporary Signage and Placement of A-FrameSignage on City Right-of-Way to Assist Businesses, and Expiration Datesfor COVID-Related TUPs and EPs



Adopt two amended urgency ordinances to extend the expiration date for anadditional six months (from October 6, 2020 to April 6, 2021) and direct the CityManager to extend the expiration dates for all COVID-related permits issuedincluding temporary Encroachment Permits (EPs) and Temporary Use Permits(TUPs) to April 6, 2021.

Urgency Ordinance – Temporary Signage:On April 6, 2020, the City Council adopted an urgency ordinance (Ordinance No.961) that allowed a provisional increase in temporary commercial signage in allcommercial zones. This action has assisted various businesses during the COVIDpandemic advertise their re-opening and services. As approved, the urgencyordinance took immediate effect and was set to expire six months followingadopted (expiring October 6, 2020). The urgency ordinance provisionallyincreased the temporary allowance from six square feet for 60 days a year to 32square feet for the duration of the urgency ordinance. The City’s standardallowance of six square feet for up to 60 days annually would re-commence at theconclusion of the urgency ordinance and any signage displayed during theprovisional allowance would not be counted against the 60-day annual.

Urgency Ordinance – Placement of A-Frame Signage:On June 1, 2020, the City Council adopted an urgency ordinance (Ordinance No.976) that allowed a provisional modification in the placement of City-approved A-frame signage from being located entirely on private property pursuant to DMMCsection 30.84.050(7)(b) to be allowed in the public right-of-way. This action hasassisted various businesses during the COVID pandemic advertise their re-opening and services. As approved, the urgency ordinance took immediate effectand was set to expire on October 6, 2020 consistent with the expiration of theaforementioned urgency ordinance allowing an increase in temporary signage(Ordinance 961).

COVID-related Permits:The City has issued several COVID-related EPs and TUPs to allow for varioustemporary outdoor requests for City businesses. For consistency with theaforementioned urgency ordinances, the expiration date for all COVID-relatedpermits is also October 6, 2020. To-date, the following businesses have receiveda COVID-related permit:

Coya: TUP for curbside service Del Mar Plaza: TUP for expanded outdoor dining on the upper deck Jake’s: TUP for curbside/drive-thru service Poseidon: TUP for curbside/drive-thru service Seaside Grill: EP for expanded outdoor dining along the public sidewalk Shimbashii Sushi: TUP for curbside service



Stratford Square: EP for expanded outdoor dining, outdoor retail displays,and placement of A-frame signage along the public sidewalk

Viewpoint Brewing: TUP for curbside/drive-thru service Zel’s: TUP for expanded outdoor dining and intermittent outdoor retail

sales; EP for expanded outdoor dining along the public sidewalk

Extended Hour for Alcohol Sales, Service, and Consumption for SidewalkCafésIn response to the County’s health order limiting indoor dining, staff was recentlycontacted by the owner of Jimmy O’s requesting a one-hour extension of the City’salcohol sales, service, and consumption provision for Sidewalk Café Permits(SCPs) from 10 p.m. to 11 p.m. In response to COVID, the State Alcohol BeverageControl, State Department of Health Services, and County Health and HumanServices have issued various limitation and temporary allowances pertaining toindoor/outdoor bars and restaurants. Summarized, City bars and restaurants arecurrently not permitted to allow indoor alcohol or dining service, however, mayutilize temporary outdoor areas for alcohol and dining service until 10 p.m.Additionally, guests already in the facility at 10 p.m. may remain in the facility until11 p.m.

To address this request, staff recommends that the City Council authorize the CityManager to allow for a one-hour extension (from 10 p.m. to 11 p.m. Thursdaythrough Saturday) of alcohol sales, service, and consumption for any restaurantwith an approved SCP. SCPs are a type of permit that allow a commercialbusiness, such as a restaurant, to encroach into the public right-of-way/sidewalkfor a longer-term commercial use. SCPs are active for three years and may berenewed. SCPs require a permit fee that covers the three-year duration, and aseparate annual lease rate based on square footage (sf) of the area used. DMMCChapter 23.30 regulates SCPs and includes a provision in Section 23.30.070(L)which reads “No service, sale or consumption of alcohol shall be permitted withinthe Sidewalk Café area between the hours of 10:00 p.m. and 9:00 a.m. daily.” Allapproved SCPs include a condition requiring compliance with this provision. TheCity has seven active SCPs for the following six restaurants: Americana Café(SCP-09-02 for 537 sf); Del Mar Pizza (SCP-09-03 for 340 sf); Del MarRendezvous (SCP-09-07 for 100 sf and SCP-11-01 for 316 sf); En Fuego Cantina(SCP-09-06 for 78 sf); Jimmy O’s (SCP-09-01 for 377 sf); and Sbicca (SCP-09-04for 313 sf).

As a temporary allowance, the City could issue a short-term Encroachment Permit(EP) to restaurants with an approved SCP seeking the additional hour for alcoholsales, service, and consumption from 10 p.m. to 11 p.m. Staff would proposelimiting the days to Thursday, Friday, and Saturday nights. The EP would besubject to a $370 fee and expire on April 6, 2021 (similar to the aforementionedurgency ordinances and COVID-related permits) or upon the County allowing for



re-opening of indoor alcohol or dining service or end of the City’s Local Emergencyby proclamation of the City Council, whichever may come first.

Allow for Temporary Outdoor CoveringsIn anticipation of the upcoming rainy season and potential continuation of theCounty’s Public Health Order limiting indoor dining and potential expandedlimitations on other indoor uses, the business community is inquiring about abilityto use temporary outdoor coverings. As of September 1, the County Public HealthOrders have been amended to allow for indoor uses on a limited basis, however,considering the uncertainty and speed at which the Public Health Orders change,staff has identified a recommended approach to have in place to review and allowtemporary outdoor coverings for restaurants and other business types. Theproposed approach and general criteria are identified below with further detail inAttachment H.

Staff proposes to utilize existing mechanisms to process temporary allowances ona case-by-case basis via EPs for requests on public property and TUPs on privateproperty. Businesses that currently have a COVID-related EP and/or TUP couldrequest a modification to their existing permit.

From staff’s perspective, the primary objectives associated with temporary outdoorcovering during this highly unusual time associated with COVID-19 are: 1)maintaining public safety; and 2) clear pedestrian and airflow through access.Owners would be required to maintain all safety requirements by the County HealthOfficer related to outdoor spaces and enclosures; this may require that the outdoorspaces not be enclosed to maintain ventilation. Depending on the type of designproposed, owners may need to obtain Building and Fire Plan Check and a BuildingPermit prior to installation of their temporary covering.

Temporary coverings that are not affixed structures would be considered throughthe EP or TUP process based on the criteria above and would be allowed whilethe Public Health Orders are in effect limiting indoor use. For coverings that wouldnormally be considered more permanent or affixed that would typically requireDesign Review (DR), recognizing the time requirement to complete the DRprocess and the more expedient need and unusual circumstances, staffrecommends allowing that the DR process and Zoning standards be temporarilysuspended for these circumstances. Once the Public Health Order ends,businesses that want to retain the overhead coverings would need to successfullycomplete the DR process in a timely fashion in order to keep them. This would beclearly communicated as a condition of the approved TUP or EP for the temporaryoutdoor covering.

Staff would like Council concurrence on this proposed approach before processingany allowances for temporary coverings.



FISCAL IMPACT:Approval of this item will require the following budget adjustments to the Fiscal Year 2020-21 Operating and Capital Budget:

Account Name Account Number AmountContributions (Revenue) 01.4800.4831 $20,000Community Support Contractual Services (Exp) 01.5110.3200 $20,000

Net General Fund Contingency Impact $0

ENVIRONMENTAL REVIEW:With exception to the adoption of urgency ordinances that are determined to be StatutorilyExempt under California Environmental Quality Act (CEQA) Section 15269(c), in that theaction is necessary to prevent or mitigate an emergency resulting from impacts to the Cityas a result COVID-19, the proposed City Council actions do not constitute a “project”under the definition set forth in CEQA Guidelines Section 15378 because they will nothave a potential to result in a direct or indirect physical change in the environment and,therefore, are not subject to CEQA. No further action under CEQA is required.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:This is an operational item.

ATTACHMENTS:Attachment A – Extended Urgency Ordinance for Temporary Commercial SignageAttachment B – Extended Urgency Ordinance for Placement of A-Frame SignageAttachment C – Letter to BSAC and DMVA – 7-31-20Attachment D – Business Community PetitionAttachment E – Business Community Petition ResponsesAttachment F – Sample List of TUP and EP UsesAttachment G – Letter from DMVAAttachment H – Recommended Approach for Temporary Outdoor Coverings


ATTACHMENT A

ORDINANCE NO. _____

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THECITY OF DEL MAR, CALIFORNIA, AMENDING ANDEXTENDING ORDINANCE NO. 961, APPROVING APROVISIONAL INCREASE IN TEMPORARY COMMERCIALSIGNAGE IN ALL COMMERCIAL ZONES

WHEREAS, on February 14, 2020, the County of San Diego Board ofSupervisors declared a local health emergency in the County of San Diego, Californiadue to the public health threat of the Coronavirus (COVID-19); and

WHEREAS, on March 4, 2020, California Governor Gavin Newsom declared astate of emergency in the State of California due to the public health threat of COVID-19; and

WHEREAS, on March 14, 2020, as defined by Government Code Section8558(c), the Del Mar City Council proclaimed a Local Emergency in the City of Del Mardue to the COVID-19 pandemic; and

WHEREAS, the Del Mar City Council directed staff to temporarily close City Halland other City meeting facilities to the public and to cancel all scheduled publicmeetings until further direction is provided; and

WHEREAS, on March 19, 2020, Governor Gavin Newson issued an ExecutiveOrder (N-33-20) for all non-essential workers to stay-at-home (shelter-in-place), forindividuals to practice “social distancing” of at least six feet from other individuals, forindividuals to avoid congregating in groups of 10 or more, and generally for individualsto avoid contact with others in order to protect the health and well-being of allCalifornians and to slow the spread of COVID-19; and

WHEREAS, leaders at the global, national, state, regional, and local levels allcontinue to emphasize that it is critical for public agencies to immediately take any andall steps necessary to minimize the potential for COVID-19 to continue to spread; and

WHEREAS, on March 23, 2020, the City issued an emergency order, inresponse to the threat posed by COVID-19 to the public health, safety and generalwelfare, to temporarily close public access to all beaches, beach access points, bluffs,Powerhouse Park, Seagrove Park, and areas adjacent to the San Dieguito Riverlocated within the jurisdictional boundary of the City until termination of the LocalEmergency proclamation by the City Council or by Executive Order of the Governor ofthe State of California lifting the “shelter-in-place” order, whichever comes first; and

WHEREAS, prohibiting the public from accessing specified public facilities andoutdoor public recreation spaces is the minimum action necessary to protect the publichealth, safety, and general welfare during this health emergency; and


Ordinance No. ____Page 2 of 5

WHEREAS, several businesses in the City that primarily serve the communityand visitors, including restaurants, cafes, retail, retail service, and hotels areexperiencing a significant financial impact as a result of COVID-19, and particularly the“shelter-in-place” order; and

WHEREAS, several businesses in the City have temporarily closed or areproviding limited services and uncertainty exists as to when the “shelter-in-place” orderwill be lifted; and

WHEREAS, an increase in closed businesses, either temporarily or permanently,along the City’s public streets could lead to excessive blight of the City’s commercialareas; and

WHEREAS, COVID-19 is having an immediate impact on several of the City’smost significant revenue sources, including Transient Occupancy Tax (TOT), Sales Tax,parking operations, and City facility rentals; and

WHEREAS, the business community has indicated providing additionalcommercial signage for advertising purposes would assist businesses in sustainingbusinesses remain in operation during the COVID-19 pandemic and help with recoveryefforts for businesses once the “shelter-in-place” order is lifted; and

WHEREAS, Del Mar Municipal Code (DMMC) Chapter 30.84 regulates signage,including an allowance for up to a maximum of six (6) square feet of temporarycommercial signage that may be used by each individual business, continuously orintermittently, for a total duration of not more than 60 days in a calendar year andwithout need for a Design Review Permit or Administrative Sign Review Permit; and

WHEREAS, prior to the COVID-19 pandemic, the City’s Business SupportAdvisory Committee (BSAC) had been discussing an increase to the temporary signageallotment for up to 32 square feet for each individual business in all commercial zones;and

WHEREAS, in light of the emergency declarations made by Federal, State,County, and the City governments in response to the COVID-19 pandemic, the City has,pursuant to Government Code § 36937(b), provided notice of, and conducted a publichearing, and has received written comments and oral testimony from members of thepublic.; and

WHEREAS, on April 6, 2020, the Del Mar City Council adopted an urgencyordinance (Ordinance No. 961) to allow a six (6) month provisional modification intemporary commercial signage size restrictions contained in DMMC Chapter30.84.040(2)(B.1) from six (6) square feet up to 32 square feet; and

WHEREAS, the urgency conditions discussed in Ordinance No. 961 – theimpacts of the COVID-19 pandemic -- continue to pose a current and immediate threat



to the public peace, health, or safety, due to significant financial impacts on businessescontributing to an immediate impact on several of the City’s revenue sources; and

WHEREAS, recent State and County public health orders, including the mostrecent County of San Diego Order of the County Health Officer and EmergencyRegulations effective September 1, 2020, continue to pose a significant financial impactto several businesses including restaurants, cafes, retail and retail service as a result ofCOVID-19, and particularly the ongoing “shelter-in-place” order, social-distancingprovisions, and capacity limitations on serving customers indoors; and

WHEREAS, Ordinance No. 961 is set to expire on October 6, 2020.

NOW, THEREFORE, the City Council of the City of Del Mar does hereby ordain asfollows:

SECTION ONE:

1. The City Council finds and determines the foregoing recitals to be true andcorrect and hereby makes them part of this urgency ordinance.

2. The City Council finds that there remains a current and immediate threatto the public safety, health, and welfare due to significant financial impacts onbusinesses contributing to an immediate impact on several of the City’s revenuesources including TOT, sales tax, and parking operations; and a potential increase incommercial vacancies along public streets.

SECTION TWO:

1. That the temporary commercial signage size restriction contained in DMMCChapter 30.84.040(2)(B.1) is hereby provisionally modified from six (6) square feet up to32 square feet. This modification shall be in effect until April 6, 2021, extending themodification an additional six (6) months beyond the period set forth in Ordinance No.961.

2. That the temporary sign time limit of 60 days set forth in DMMC30.84.020(B)(7) will commence at the conclusion of the urgency ordinance and anytemporary signage allowed by the urgency ordinance is exempt from and would not becounted toward the 60-day calendar limit.

SECTION THREE:

The adoption of an urgency ordinance is Statutorily Exempt under CaliforniaEnvironmental Quality Act (CEQA) Guidelines Section 15269(c) in that the action isnecessary to prevent or mitigate an emergency resulting from impacts to the City as aresult of COVID-19; and



SECTION FOUR:

The urgency ordinance was considered by the City Council on September 8, 2020.

SECTION FIVE:

The City Clerk is directed to prepare and have published a summary of this Ordinancewithin fifteen (15) days following adoption indicating votes cast in compliance withGovernment Code § 36937(b).

SECTION SIX:

If any section, subsection, subdivision, paragraph, sentence, clause, phrase or portionof this Ordinance is, for any reason, held invalid or unconstitutional, such decision shallnot affect the validity or effectiveness of the remaining portions of this Ordinance.

SECTION SEVEN:

This Ordinance shall become effective immediately following its passage and adoptionby a four-fifths (4/5) vote of the City Council as an urgency ordinance pursuant toGovernment Code § 36937(b).

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar,California at the Regular Meeting held this 8th day of September, 2020.

________________________________Ellie Haviland, MayorCity of Del Mar

APPROVED AS TO FORM:

______________________________Leslie E. Devaney, City AttorneyCity of Del Mar

ATTEST AND CERTIFICATION:

STATE OF CALIFORNIACOUNTY OF SAN DIEGOCITY OF DEL MAR



I, ASHLEY JONES, Administrative Services Director/City Clerk of the City of DelMar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copyof Ordinance No.____, which has been published pursuant to law, and adopted by theCity Council of the City of Del Mar, California, at a Regular Meeting held the 8th day ofSeptember, 2020, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________Ashley Jones, Administrative ServicesDirector/City ClerkCity of Del Mar


ATTACHMENT B

ORDINANCE NO. XXX

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THECITY OF DEL MAR, CALIFORNIA, AMENDING ANDEXTENDING ORDINANCE NO. 967 APPROVING ATEMPORARY STREAMLINED REVIEW PROCESS FORCOMMERCIAL A-FRAME SIGNAGE TEMPORARILY LOCATEDIN THE RIGHT-OF-WAY ADJACENT TO ALL COMMERCIALZONES

WHEREAS, on February 14, 2020, the County of San Diego Board ofSupervisors declared a local health emergency in the County of San Diego, Californiadue to the public health threat of the Coronavirus (COVID-19); and

WHEREAS, on March 4, 2020, California Governor Gavin Newsom declared astate of emergency in the State of California due to the public health threat of COVID-19; and

WHEREAS, on March 14, 2020, the Del Mar City Council proclaimed a LocalEmergency, as defined by Government Code section 8558(c), in the City of Del Mar dueto the COVID-19 pandemic; and

WHEREAS, the Del Mar City Council directed staff to temporarily close City Halland other City meeting facilities to the public and to cancel all scheduled publicmeetings until further direction is provided; and

WHEREAS, on March 19, 2020, Governor Gavin Newson issued an ExecutiveOrder (N-33-20) for all non-essential workers to stay-at-home (shelter-in-place), forindividuals to practice “social distancing” of at least six feet from other individuals, forindividuals to avoid congregating in groups of 10 or more, and generally for individualsto avoid contact with others in order to protect the health and well-being of allCalifornians and to slow the spread of COVID-19; and

WHEREAS, leaders at the global, national, state, regional, and local levels allcontinue to emphasize that it is critical for public agencies to immediately take any andall steps necessary to minimize the potential for COVID-19 to continue to spread; and

WHEREAS, several businesses in the City that primarily serve the communityand visitors, including restaurants, cafes, retail, retail service, and hotels areexperiencing a significant financial impact as a result of COVID-19, and particularly the“shelter-in-place” order; and

WHEREAS, several businesses in the City have temporarily closed or areproviding limited services due to the “shelter-in-place” order, and uncertainty exists as towhen the “shelter-in-place” order will be lifted; and


Ordinance No. XXXPage 2 of 5

WHEREAS, an increase in closed businesses, either temporarily or permanently,along the City’s public streets could lead to excessive blight of the City’s commercialareas; and

WHEREAS, the business closures and limitation of services due to COVID-19 ishaving an immediate impact on several of the City’s most significant revenue sources,including Transient Occupancy Tax (TOT), Sales Tax, parking operations, and Cityfacility rentals; and

WHEREAS, the business community has indicated that providing temporarymodifications to commercial signage for advertising purposes would help with recoveryefforts for businesses once the “shelter-in-place” order is modified or lifted; and

WHEREAS, commercial A-frame signage is one type of commonly used signageby the business community and regulated by Del Mar Municipal Code (DMMC) sections30.84.040 and 30.84.050. Pursuant to these sections, one A-frame sign may beapproved for each individual business and is subject to the following regulations: 1) sizeis limited to a maximum of 10.5 square feet, with maximum dimensions of 36 inches inwidth by 42 inches in height; 2) display may only occur during open business hours andshall be removed at the close of business each day; 3) sign shall be located entirely onprivate property, on the premises of the business establishment for which advertising isprovided; 4) sign shall be placed so as to not block access to a parking stall, drive aisleor pedestrian travel way; 5) message/copy shall be limited to changeable message/copyfor the advertisement of products or services available in the establishment for whichadvertising is provided; 6) frame shall be composed of a hinged A-frame structure; 7)sign shall be devoid of any strobe, blinking or flashing lights, electronic animation, orelectronic reader copy, or any flags, balloons, pendants, flyers, handouts or otherattachments; and 8) sign shall be anchored or secured to maintain the sign in a stable,upright position; and

WHEREAS, DMMC section 23.09.040 requires that the display of a new orreplacement A-frame sign shall first be subject to the receipt of an approvedAdministrative Sign Review Permit (ASR); and

WHEREAS, DMMC section 30.84.075 states that no sign shall be installed,posted, erected or maintained so as to encroach within a public right-of-way without theprior receipt of a Sign Encroachment Permit authorized by the Del Mar PlanningCommission; and

WHEREAS, on May 22, 2020, the San Diego County Public Health Officerprovided an order to allow in-person dining and retail service with social distancing andsanitization protocols in place; and

WHEREAS, in light of the emergency declarations made by Federal, State,County, and the City governments in response to the COVID-19 pandemic, and theimpacts of the pandemic on the City, the City has, pursuant to Government Code



section 36937(b) identified facts constituting an urgency condition for which action isrequired for immediate preservation of the public peace, health or safety, providednotice of and conducted a public hearing, and has received written comments and oraltestimony from members of the public; and

WHEREAS, on June 1, 2020, the Del Mar City Council adopted an urgencyordinance (Ordinance No. 976) to allow a provisional modification in the placement ofCity-approved A-frame signage from being located entirely on private property pursuantto DMMC section 30.84.050(7)(b) to be allowed in the public right-of-way; and

WHEREAS, the urgency conditions discussed in Ordinance No. 976 – theimpacts of the COVID-19 pandemic -- continue to pose a current and immediate threatto the public peace, health or safety due to significant financial impacts on businessescontributing to an immediate impact on several of the City’s revenue sources; and

WHEREAS, recent State and County public health orders, including the mostrecent County of San Diego Order of the County Health Officer and EmergencyRegulations effective September 1, 2020, continue to pose a significant financial impactto several businesses including restaurants, cafes, retail and retail service as a result ofCOVID-19, and particularly the ongoing “shelter-in-place” order, social-distancingprovisions, and capacity limitations on serving customers indoors; and

WHEREAS, Ordinance No. 976 is set to expire on October 6, 2020.

NOW, THEREFORE, the City Council of the City of Del Mar does hereby ordainas follows:

SECTION ONE:

1. The City Council finds and determines the foregoing recitals to be true andcorrect and hereby makes them part of this urgency ordinance.

2. The City Council finds that there remains a current and immediate threat tothe public safety, health, and welfare due to significant financial impacts of theCOVID-19 pandemic on businesses, contributing to an immediate negativeimpact on several of the City’s revenue sources including TOT, sales tax, andparking operations; and contributing to a potential increase in commercialvacancies along public streets which could lead to excessive blight.

SECTION TWO:

1. That the A-frame signage placement restriction contained in DMMC section30.84.050(7)(b) is hereby provisionally modified from being located entirely onprivate property to be allowed in the public right-of-way for City-approved A-frame signage. This modification shall be in effect until April 6, 2021, extendingthe modification an additional six (6) months beyond the period set forth inOrdinance No. 976.



2. That any business without City-approved A-frame signage and seeking A-framesignage must first obtain approval through an Administrative Sign Review (ASR)process under DMMC Chapter 23.09.

3. That the A-frame Sign Encroachment Permit requirement contained in DMMCsections 30.84.075(A) and (B), requiring Sign Encroachment Permits to beauthorized and approved by the Del Mar Planning Commission, is herebyprovisionally modified to instead require only authorization and approval of aMinor Encroachment Permit for a Short-term Impact (Short-Term MinorEncroachment Permit) issued by the City Manager under DMMC Chapter 23.28.

4. That the Short-Term Minor Encroachment Permit shall contain appropriateconditions and provisions to ensure public health and safety including, but notlimited to, requiring attachment of a proof of liability insurance certificate with theCity of Del Mar listed as additional insured.

SECTION THREE:

The adoption of an urgency ordinance is Statutorily Exempt under CaliforniaEnvironmental Quality Act (CEQA) Guidelines Section 15269(c) in that the action isnecessary to prevent or mitigate an emergency resulting from impacts to the City as aresult of COVID-19; and

SECTION FOUR:

The urgency ordinance was considered by the City Council on September 8, 2020.

SECTION FIVE:

The City Clerk is directed to prepare and have published a summary of this Ordinancewithin fifteen (15) days following adoption indicating votes cast in compliance withGovernment Code § 36933.

SECTION SIX:

If any section, subsection, subdivision, paragraph, sentence, clause, phrase or portionof this Ordinance is, for any reason, held invalid or unconstitutional, such decision shallnot affect the validity or effectiveness of the remaining portions of this Ordinance.

SECTION SEVEN:

This Ordinance shall become effective immediately following its passage and adoptionby a four-fifths (4/5) vote of the City Council as an urgency ordinance pursuant toGovernment Code § 36937(b).



PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar,California at the Regular Meeting held this 8th day of September, 2020.

________________________________Ellie Haviland, MayorCity of Del Mar

APPROVED AS TO FORM:

______________________________Leslie E. Devaney, City AttorneyCity of Del Mar

ATTEST AND CERTIFICATION:

STATE OF CALIFORNIACOUNTY OF SAN DIEGOCITY OF DEL MAR

I, ASHLEY JONES, Administrative Services Director/City Clerk of the City of DelMar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copyof Ordinance No.____, which has been published pursuant to law, and adopted by theCity Council of the City of Del Mar, California, at a Regular Meeting held the 8th day ofSeptember, 2020, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________Ashley Jones, Administrative ServicesDirector/City ClerkCity of Del Mar


1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us

July 31, 2020

Dear Members of Del Mar Village Association and Business Support Advisory Committee:

RE: City of Del Mar Business Assistance Actions

The last five months since the inception of the COVID-19 pandemic have presented great

challenges globally, including of course to the Del Mar economy and local businesses.

A significant component of the City of Del Mar’s response since March 2020 has been

tending to the needs of local businesses. Through careful listening to understand their

constraints and challenges, the City Council has implemented programs tailored to

address those obstacles, with limited financial and staff resources, while also balancing

the City’s responsibility for public health and safety, addressing numerous issues caused

by the pandemic, and endeavoring to continue with non-COVID City business.

As the smallest city in the county, both population-wise and geographically (approximately

4,500 residents in two-square miles), Del Mar’s economy is largely tied to tourism and

major events at the Fairgrounds. The City of Del Mar has been catastrophically impacted

by COVID-19 financially more severely than all other municipalities in the region. Yet

because of our small population, the amount of federal, state, and county financial aid

that allocated to Del Mar is a fraction of what others have received (see Exhibit 1). This

has further hindered the City of Del Mar and precluded our ability to offer many of the

types of business assistance programs other cities have been able to offer.

Nonetheless, appreciating this is an extremely difficult time for our businesses, the City has made tools available and continues to be eager to work with local businesses one-on-one to evaluate which tools might work best for their needs. Rather than attempting to create a “one size fits all” ordinance, the most expeditious and tailored approach is to use processes the City already has available, including Encroachment Permits and Temporary Use Permits. All things considered, this is when we can positively harness the power of being a small city where we know all the businesses and their unique circumstances. Staff from the City Manager’s Office and Planning Department continue to be eager to work with businesses in this personalized manner. Following is a list of the City’s resources for use by local businesses during this time:

Subsidizing up to $500 per business to help offset the normal cost of certain recovery-related permits or annual fees. The amount the City can provide is


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Attachment C

Del Mar Village Association and Business Support Advisory Committee

July 31, 2020

Page 2

proportional to the small amount of funding received through the CARES Act). The normal permit cost is the City’s actual cost to provide that review process service;

Allowing postponement of payments for utility bills and Transient Occupancy Tax (TOT) remittance (specifically-related to hotels);

Passage of an urgency ordinance to prevent evictions of commercial tenants;

Passage of an urgency ordinance allowing expanded use of temporary signage nearly five times more than the standard allowance and a process for approval of A-frame signs in the City’s right-of-way;

Highly-streamlined process to temporarily allow for curbside pick-up and take-out;

Readiness to work with businesses on one-on-one to use adjacent public sidewalks for tables, retail, other services, and/or signage advertising curbside pick-up. Purpose of review process is to ensure safety in the public right-of-way.

Willingness to temporarily convert parking spaces in business areas to be generic curbside pick-up/short-term parking spaces;

Purchase of signage with information on social distancing and reminders to wear masks, to help foster a sense of safety in Del Mar; and

On the City’s home page at www.delmar.ca.us, there is a dedicated web page for COVID-related business resources. We update this page frequently with the latest information on business reopening and resources, including small business loan programs and the County’s recently-announced grants for small businesses.

We are continuously looking for additional ways to assist the business community in a way that fosters safety for the public and equitable implementation. Less than a year ago, the City of Del Mar invested more than $7 million in the Downtown with completion of the streetscape project, greatly improving pedestrian and bicycle access, landscaping, and the overall aesthetic environment, including many improvements on private properties immediately adjacent to the public right-of-way. Similarly, the $19 million Civic Center was completed two years ago, which included dozens of additional parking spaces, adding significant expense to the project, with the vision that those be an additional public benefit for the Downtown, along with a beautiful new building and most importantly, park-like spaces for residents and visitors to enjoy. While working with limited resources compared to much larger cities, the City steadfastly has endeavored to partner with local businesses for the overall betterment of the community.


http://www.delmar.ca.us/

Del Mar Village Association and Business Support Advisory Committee

July 31, 2020

Page 3

We appreciate that this is an extraordinarily difficult time for so many in our community, including local businesses. The City of Del Mar remains committed to partnering with you to identify and implement resources that would be beneficial to the business community in concert with the City’s overall objectives and extremely limited resources. Any businesses seeking to learn more about these resources or interested in working with the City on their unique needs are encouraged to please contact Beth Murray, Senior Management Analyst in the City Manager’s Office at (858) 704-3646.

Sincerely,

CJ Johnson City Manager Exhibit 1 – CARES Act Allocations by City in San Diego County


Dear City of Del Mar,

While we know that these are unprecedented times and you have offeredsome concessions, it is not enough for the businesses of Del Mar to survive.

We, the business owners, property owners and residents of Del Mar, request thatthe City immediately implement comprehensive, proactive, business supportregulations, following the lead of almost every city in San Diego County. Allrequests would expire when ALL health order restrictions are lifted. All socialdistancing, mask and sanitation protocols to continue be strictly followed. Wehereby request the following:

1. All business permit fees waived until the pandemic is over.

2. CARES Act cash grants to the business community for economic recovery.

3. Continue marketing and business support from DMVA.

4. Additional A-frame signage adjacent to business entrance or pick up zones, exempt from

application.

5. Carryout Zones up to 2 parking spaces with permit. No fees and waiver of parking requirements.

6. Temporary Use Permits on Private Property – No fees and waiver of parking requirements.

7. Temporary Use Permits on Public Property – allow expanded business on sidewalks and parklets

with streamlined permit. Fees waived.

8. City to provide barriers for safe eating experience in public street similar to the “Shared Streets”

program in Encinitas, using parking spaces on 15th St. and Camino Del Mar to create an alternative

pedestrian walkway so sidewalk space could be used by businesses with a streamlined TUP for

expanded use.

9. Allow outdoor sales immediately adjacent to business entry for all retail shops. No permit or fees.

10. Allow streamlined outdoor permits for salons, gyms and other service businesses. No fees.

11. Allow seasonal awnings, heaters, and umbrellas in all approved sidewalk café and public parking

areas. No permits or fees.

12. Grant legal authority to allow alcohol service at sidewalk cafes and expanded dining areas for all

ABC licensed restaurants until restaurant closing. No permit or fees. ABC has already approved

this.

13. Waive restrictions on prohibition of alcohol in specific City parks (Del Mar Plaza, Civic Plaza,

Caminito Park & Jim Watkins Amphitheater at L’Auberge) during certain hours (determined by the

City) during urgency ordinance with dining only. (for picnics)

We understand funds are tight, but some of the above require no out of pocketexpense to the City and will increase sales tax revenues. If these cannot beadministratively approved by staff, we request the Council address theseissues as soon as possible, even if it requires a special meeting.


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Attachment D

List of names & representation:

KC Vafiadis, Stratford Square Bob Gregson, L’Auberge Del Mar

Dan Sbicca, Sbicca’s Bob Fleet, Del Mar Pizza

Craig Fravel, resident Cathie Fravel, resident

Zach Groban, Rusty’s Del Mar Christophe Cevasco, BeeSide Balcony

Paul Chasen, Pebbles Allison Pasuit, The Bustle

Greg Glassman, Zel’s Jennifer Powers, Zel’s

Sanjiv Chopra, Pacifica Bob Scott, RJ’s Planning & Use

Larry Brooks, resident Martha Brooks, resident

Mary Lou Amen, resident Rich Amen, resident

Ron Taghi, Marquis Fine Jewelers Tom Davis, TR Davis Inc.

Stacey Railey, Durante’s Mark Railey, Durante’s

Aline Paa, resident David Paa, resident

Nancy Sokol, Sundancer Chet Thompson, Del Mar Embroidery

Dan Quirk, resident Carlo Coppo, resident

John Wingate, En Fuego Jack Jaeger, resident

Karl Wagner, resident Susan Wagner, resident

Terri Pavelko, resident Galen Pavelko, resident

Nikol Klein, Compass Keith Nordling, Jimmy O’s

Julie Zozaya, Julie’ Beach Randy Gruber, Americana/Elixir/Resident

Jim Watkins, resident Suzanne Sokol - Sundancer

Carol Goodell, Frustrated Cowboy David Goodell, Frustrated Cowboy

Adam Peck, Lemon Tree Corner Pat Vergne, resident

Debra Church, resident Brian Church, resident

Winslow Church, resident Graydon Church, resident

T. Pat Stubbs, resident Marti Gellens-Stubbs, resident

Marc Brutten, Plaza/Resident Ralph DeMarco, resident

Steve Bonker, Union Bank Gary Wheeler, resident

Eric Nelte, resident Karen Powell, resident

Robb Dalton, resident Eriko Dalton, resident

Charles Koll – Viewpointe Terry Sinnott, Former Mayor

Sissy Alsabrook, resident Barbara Inbody, resident

Robin Crabtree, resident Dan Crabtree, resident

Tina Thomas, resident David Thomas, LBA Realty/LBA Logistics

Joni Snow, Joni & Susie’s Susie Yetter, Joni & Susie’s

Gala Yayla, resident John Garrigan, LBA Realty/LBA Logistics

Bill Scripps, resident Kathy Scripps, resident


JP McDermott, resident Candy McDermott, resident

Richard Bockoff, resident Sharon Bockoff, resident

Thomas Blakely, resident Lynne Blakely, resident

Craig Nobel, resident Colette Bolitho, resident

Alyta Milana, Jolie Fleur Norv Turner, resident

James Kimbrell, resident Marsha Neffeler, resident

Sandi Fletcher Schroeder, resident Gretchen Morgan, resident

Vinton Bradburn, resident Maggie Bradley, resident

Kim Filanc, resident Mark Filanc, resident

Michelle Filanc, resident Jeff McGuire, resident

Garrett Stubbs, resident Cameron Stubbs, resident

CJ Vafiadis, resident Julia Wildenthaler, resident

Clint McClellan, Indi Health Jennifer McClellan, resident

William Rhett, Sandcastle Tales Alex Rhett, Sandcastle Tales

Kit Leeger, Leeger Architecture Nina Detrow, resident

Brian Holker, resident Jamie Sharp, resident

Patrick Welch, resident Kelly Welch, resident

Linda Strause, resident Kimberly Jackson, Vacation Rentals

John Bonadeo, resident Scott Linton, resident

Betty McDonald, resident Jason Charnholm, resident

Pam Slater, resident Hershell Price, resident

Karla Deerinck, resident Kim Belk, resident

David Shannahoff, resident Lynn Kunkle, resident

Glenn Sherman, resident Inamaria Sherman, resident

Howard Appel, resident Loreen Collins, resident

Trevor Appel, resident Troy Appel, resident

Bill Scheele, resident Sharon Scheele, resident

Eric Fuller, resident Kelli Fuller, resident

Stuart Fish, resident Mara Bickett, resident

Lori Poleshuk, resident Keith Valentine, resident

Gina Guzzo, resident Danielle Sardi, MAC Body Conditioning Pilates

Susan Sealock, resident Larry Wolf, resident

Ted Goldberg, resident Sheila Unick, resident

Alexa McGuire, resident Karen Winston, resident

Brad Becker, resident Brian Carter, resident

Patricia Rose, resident Wendy Ramp, resident

Tom Evangelisti, resident Tanys Evangelisti, resident


Anthony Khattar, resident Jill Coughlin, resident

Maidy Morhous, resident Terry Morhous, resident

Richard Levak, property owner Linda Rock, property owner

Ross Neglia, resident Angelina Neglia, resident

Tyler Shultz, resident Katelyn Shultz, resident

Jerry Hoffmeister, resident Ingrid Hoffmeister, resident

Warren Speiker, resident Greg Rothnem, resident

Nancy Turner, resident Arlene Harris Dyna LLC

Martin Cooper, resident Judy Woodhead, resident

Jonathan Sills, resident Dana Wohlford, resident

Tony Childs, resident Susan Childs, resident

Tracy Martinez, resident Diane Reppucci Bierman, Your Home Broker

Chris Underwood, resident Piper Underwood, resident

Kim Tyrrell-Knott, resident David Duval, resident

Csilla Crouch, Berkshire Hathaway Bing Bush, Lawyer

Keith Valentine, resident Lynne Valentine, resident

Graham Valentine, resident Colton, Valentine, resident

Saori Matsumoto, Shimbashi Ed Neff, Shimbashi


Summary of August 3, 2020 Business Community Petition and City StaffRecommendations

Key points in the petition are addressed below along with a staff recommendationfor City Council consideration:

1. All business permit fees waived until the pandemic is over.The petition requests that the City Council waive all business permit fees.

Earlier in the COVID-19 pandemic, the City Council authorized the City Managerto allow payment plans for Transient Occupancy Tax remittance from hotels to theCity and utility payments for businesses and commercial utility customers thatdemonstrate financial hardship as a result of the COVID-19 pandemic until the endof the fiscal year.

With regard to Planning-related fees, the fees for these permits, like TemporaryUse Permits (TUPs) and Encroachment Permits (Eps), are based on what itactually costs the City in terms of staff time (and in some cases engineeringconsulting) to review the applications and work with the applicants.

To assist businesses, the City Council designated $11,850 of its $77,494 CARESAct allocation to be used toward subsidizing business recovery-related fees up to$500 per business. To-date, the City has issued $6,156 in subsidies, with $5,694remaining. The funds have been used by 15 businesses toward the cost of TUPs,EPs, and Sidewalk Café Permit renewals. For some businesses, more than oneof these applied to them, which meant that the $500 subsidy may not have coveredtheir full cost, while others have a small balance of the $500 subsidy remainingbecause the cost of the permit they requested was less than $500.

In response to the petitioners’ request to waive all fees for business reliefmeasures, staff recommends that the City Council consider increasing the subsidyto $750 per business. For any businesses for which the $500 subsidy waspreviously insufficient, staff would reimburse them the out-of-pocket amount theypaid up to the cap of a $750 subsidy for the business. This is an expense eligiblefor CARES Act reimbursement, though the City has far exceeded its CARES Actallotment with eligible expenses.

Businesses that have not used their full $500 could apply their remaining balancetoward any additional EP or TUP, up to $750.

Once the $11,850 is used, an alternative would be for the City Council to designatea portion of Measure Q funds to be used toward these business relief efforts, forexample, $5,000 to $10,000. Since Measure Q is based on sales tax, there is a


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Attachment E

nexus to business recovery; to the extent that businesses need TUPs or EPs inorder to maintain their business, issuing those TUPs and EPs enables them tocontinue generating sales tax, which includes Measure Q revenue.

The City Council could also consider increasing the subsidy to greater than $750per business; allocation of Measure Q funds would be necessary to off-set thiscost.

2. CARES Act cash grants to the business community for economic recovery.The petition requests that the City provide cash grants to businesses using CARESAct funding. There are other cities in the region that have been able to do this.This is not financially feasible for the City of Del Mar. As the smallest city in thecounty, both population-wise and geographically (approximately 4,500 residents intwo-square miles), Del Mar’s economy is largely tied to tourism and major eventsat the Fairgrounds. The City of Del Mar has been catastrophically impacted byCOVID-19 financially, more severely than all other municipalities in the region. Yetbecause of Del Mar’s small population, the amount of federal, state, and countyfinancial aid that allocated to Del Mar is a fraction of what others have received.Del Mar’s combined allocation of CARES Act funding via the County of San Diegoand the State of California is $130,912. On average, other cities in San DiegoCounty received $2,492,634, with the range (not including Del Mar) being$409,336 to $8,203,609. (Exhibit 1) This has further hindered the City of Del Marand precluded our ability to offer many of the types of business assistanceprograms other cities have been able to offer.

3. Continue marketing and business support from Del Mar Village Association.The adopted budget for Fiscal Year 2020-2021 includes for DMVA $25,000 inCommunity Support Funding for economic development and 1/13 of TransientOccupancy Tax, projected to be approximately $111,000.

4. Additional A-frame signage adjacent to business entrance or pick up zones,exempt from application.The petition requests that the City allow additional A-frame signage without areview or permit process. The purpose of the review is to ensure safety andthrough-access. Del Mar’s setting is unique from other communities, in that thepublic/private property line boundaries vary, particularly in the Downtown area.Therefore, it is necessary for there to be a safety review. The cost of this review(for either a TUP or EP) is an eligible expense for the $500 per business subsidy.

Currently, each business is allowed to have one A-frame sign on their property,which staff feels is generally appropriate due to space constraints, particularly inthe Downtown area. This is in addition to 32-square feet of temporary signageallowed by way of urgency ordinance due to COVID-19. Staff seeks City Councilconcurrence on this approach or direction as to whether two A-frame signs shouldbe allowed per property.


5. Carryout Zones up to 2 parking spaces with permit. No fees and waiver ofparking requirements.The petition requests that businesses be able to designate two parking spaceswithout a permit without fees and waiver of parking requirements.

On private property, there is no impact on parking requirements. Carryout use isallowed with a Temporary Use Permit, which is an eligible expense for the up to$500 business subsidy.

To designate on-street parking spaces for curbside pick-up, staff has offered to theDel Mar Village Association that on-street parking spaces can be generallydesignated as “Reserved for Curbside Pickup.” If DMVA identifies the parkingspaces, the City will have the signs made and installed. These signs would bepaid for using COVID Contingency funds. This is the preferred approach versusdesignating on-street parking spaces for specific businesses, which would requirean additional EP to ensure safety and transfer liability.

6. Temporary Use Permits on Private Property – No fees and waiver of parkingrequirements.The petitioners are requesting that there be no fees for TUPs and that parkingrequirements be waived. While blocking off parking on private property requires aTUP, at this time (during the COVID-19 pandemic), that will not adversely impactthe required parking ratios for respective businesses.

Staff seeks City Council direction on further subsidizing the fee for TUPs.

7. Temporary Use Permits on Public Property – allow expanded business onsidewalks and parklets with streamlined permit. Fees waived.Short-term EPs allow expanded uses in the City right-of-way including sidewalks.(TUPs are for private property; EPs are for public property/right-of-way) The Cityhas been offering a streamlined processes for EPs and TUPs since the spring.The fees for these permits are eligible for the $500 per business subsidy. Staffseeks City Council direction to further subsidize the fees for EP and TUPs.

8. City to provide barriers for safe eating experience in public street similar tothe “Shared Streets” program in Encinitas, using parking spaces on 15th St.and Camino Del Mar to create an alternative pedestrian walkway so sidewalkspace could be used by businesses with a streamlined TUP for expandeduse.Staff proposed a concept like this as a potential way to use the $20,000 communitydonation described below, but according to Jen Grove of DMVA, this was not thepreference of the business community for use of those funds.

9. Allow outdoor sales immediately adjacent to business entry for all retailshops. No permit or fees.On private property, this type of use is covered under a TUP. On public property,this type of use is covered under an EP. The City has been offering a streamlined


processes for EPs and TUPs since the spring. The fees for these permits areeligible for the $500 per business subsidy. The purpose of review is to ensuresafety, clear access, transfer of liability, and provision of insurance documentation.Staff seeks City Council direction on further subsidizing the fee for TUPs and EPs.

10.Allow streamlined outdoor permits for salons, gyms and other servicebusinesses. No fees.Answer is the same as number 9.

11.Allow seasonal awnings, heaters, and umbrellas in all approved sidewalkcafé and public parking areas. No permits or fees.This topic is discussed in detail in the September 8, 2020 City Council agendareport, including a recommended approach.

12.Grant legal authority to allow alcohol service at sidewalk cafes and expandeddining areas for all ABC licensed restaurants until restaurant closing. Nopermit or fees. ABC has already approved this.The ABC has universally allowed great flexibility working with restaurants and staffhas only recently heard of one concern related to ABC provisions since theinception of COVID. This topic is discussed in detail in the September 8, 2020 CityCouncil agenda report, including a recommended approach.

13.Waive restrictions on prohibition of alcohol in City parks during certainhours during urgency ordinance with dining only (for picnics).Alcohol is allowed during certain times of the year in the parks and on the beachper Del Mar Municipal Code (DMMC) Chapter 9.04.070. Staff recommendscontinuing as currently described in the DMMC.

“9.04.070 - Consumption of Alcoholic Beverages on Designated Public Property.

C. It is unlawful for any person to consume any alcoholic beverage or possessany bottle, can, or other receptacle containing any alcoholic beverage which hasbeen opened, or a seal broken, or the contents of which have been partiallyremoved, on any of the streets, sidewalks, alleys, parking lots, public parkingstructures, including private parking lots and parking structures held open for publicuse, public parks, public playgrounds, public buildings, public lavatories or publicbeach within the City from 12:01 a.m. on March 1st through the day after LaborDay at midnight.

D. This Section is not applicable to the consumption of alcoholic beverages donein accordance with a permit issued by the City and then in effect.”


CARES Act Funding Estimates for Cities in San Diego County

This table shows the estimated distribution of funding from the CARES Act to be shared with each

city in San Diego County by the County of San Diego and State of California.

Portion of CARES Act

Funding from

County Allocation

Portion of CARES Act

Funding from

State Allocation

Combined

Starting Amount $25,000,000 $500,000,000

statewide

Cities Population

City San Diego 1,430,489 N/ADirect Allocation from

Federal Government

County of San Diego 505,675 N/ADirect Allocation from

Federal Government

1,936,164

Carlsbad 115,877 8.26% 2,065,728$ 1,413,290$ 3,479,018$

Chula Vista 271,651 19.37% 4,842,695$ 3,360,914$ 8,203,609$

Coronado 21,390 1.53% 381,317$ 263,994$ 645,311$

Del Mar 4,347 0.31% 77,494$ 52,698$ 130,192$

El Cajon 103,241 7.36% 1,840,467$ 1,288,954$ 3,129,421$

Encinitas 62,904 4.49% 1,121,383$ 767,782$ 1,889,165$

Escondido 152,213 10.85% 2,713,486$ 1,889,210$ 4,602,696$

Imperial Beach 27,447 1.96% 489,295$ 346,399$ 835,694$

La Mesa 59,556 4.25% 1,061,699$ 740,408$ 1,802,107$

Lemon Grove 26,969 1.92% 480,774$ 327,520$ 808,294$

National City 61,431 4.38% 1,095,124$ 766,745$ 1,861,869$

Oceanside 176,080 12.56% 3,138,961$ 2,189,579$ 5,328,540$

Poway 49,704 3.54% 886,068$ 609,183$ 1,495,251$

San Marcos 96,847 6.91% 1,726,482$ 1,200,252$ 2,926,734$

Santee 58,115 4.14% 1,036,010$ 716,121$ 1,752,131$

Solana Beach 13,379 0.95% 238,506$ 170,860$ 409,366$

Vista 101,224 7.22% 1,804,510$ 1,270,866$ 3,075,376$

1,402,375 100.00% 25,000,000$ 17,374,775$ 42,374,775$

Average 2,492,634$ 31 September 8, 2020 Item 12

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Exhibit 1

Opportunities for COVID-Related/Business Recovery TUPs and EPs Attachment F

County Public Health Orders must be met in all circumstances for individual business types.

This list is intended to provide examples and explain when a TUP or EP would be used.

Temporary Use Permit

(TUP)

Encroachment Permit

(EP)

LocationFor temporary uses on

private property

For uses on public property/

public right-of-way/public parking spaces

(Not including parks, beaches, public facilities)

Examples

Setting-up tables or retail displays daily in parking spaces or

other outdoor areas on private property

In the Downtown area, setting-up tables in sections in front of

businesses that are private property

Providing goods/food to customers in a drive-in/drive-thru or

curbside manner on private property (including carrying food

out to the curb)

Allowing an alternate/incidential use on private property, such

as incidental retail to a primary restaurant use

Allowing temporary events on private property such as

food/retail events

In the Del Mar downtown, the lines between public right-of-way

and private property vary greatly through the corridor, so it's

best to look at each circumstance.

Setting-up in the public right-of-way along the sidewalk or other City

property (not sidewalk) e.g., pocket park beside Stratford Square.

Displaying a business' A-frame sign closer to the street by locating

beside the public sidewalk (without an EP, displays are only allowed

only on private property)

Use of the "opportunity zones" in the Downtown by an entity other

than the City

Allowing one additional hour (10-11pm) for alcohol

sales/service/consumption for restaurants with an approved Sidewalk

Cafe Permit (will be presented to the City Council for consideration 9/8

as a concept that could later be approved by staff).

DescriptionUse of private property for a temporary use outside of what is

normally allowed by Zoning Code.Use of public areas/public right-of-way/public parking spaces

Ideas of Uses: Dining tables and chairs in the parking lot Dining tables and chairs on the sidewalk

(Not intended to be Umbrellas and/or outdoor heaters in the parking lot Benches/tables/chairs on the sidewalk

exhaustive) Outdoor merchandise display Umbrellas on the sidewalk

Outdoor set-up of salon services Container plants (to be maintained by applicant)

Temporary art gallery A-frame signage (limit of one per business)

Temporary food/retail events Display of outdoor merchandise

Dining tables and chairs for another/adjacent/nearby restaurantTemporary outdoor art gallery (May require an additional Mobile

Vending permit if they are selling)

Temporary canopies (Subject to additional health and safety

review/requirements)Photo booth background

Food stand Outdoor large games (e.g. Connect Four, Chess)

Outdoor large musical instruments

Plein air artist

Pop-up booth/vendors in the Opportunity Zones (requires an additional

Mobile Vending permit if they are selling things)

Temporary awnings/canopies? *

Food stand

Additional hour of alcohol sales/service/consumption for Sidewalk Café

Permits (10-11pm) *

Outdoor heaters

Criteria for Approval

(For temporary COVID-related

approval)

Safety

Through-access

Safety

Through-access for pedestrians, ADA, strollers, etc

No hindered drainage

Nothing permanently affixed

Applicant indemnifies the City for liability

Insurance requirement with City named additional insured

OtherNo additional parking requirements for set-up of tables

outdoors (even if parking spaces are used), so long as the total

capacity does not exceed normal capacity.

CostPermit Cost as of 9/4/20 = $583

Eligible for up to $500 subsidy from City

Permit Cost as of 9/4/20 = $436

Eligible for up to $500 subsidy from City

Uses on Private Property that Do

Not Require a TUP so long as

they are not in the parking lot

Umbrellas, tables, chairs (for the occupant business)

Container plants

Many other kinds of things

* Concept will be presented to the City Council 9/8 for approval at staff-level


1442 Camino Del Mar | Suite 217 | Del Mar | CA | 92014 T 858.735.3650 | [email protected] | www.visitdelmarvillage.com

DMVAD E L M A R V I L L A G E A S S O C I A T I O N

September 1, 2020 Sent Via Email RE: Del Mar Village Association Recommendations for Use of August 2020 Anonymous Donation received by the City of Del Mar to Support Downtown Del Mar Businesses Community Dear Kristen, Thank you for the opportunity to provide suggestions for the use of the generous donation to the City of Del Mar by an anonymous donor earmarked for downtown Del Mar business support. As we discussed, the Del Mar Village Association (DMVA) has gathered input from downtown businesses and commercial property owners for this opportunity. The following projects are suggested by DMVA for the use of the funds:

• Downtown Del Mar Community Improvement Initiative. The City has invested millions of dollars on downtown streetscape with new sidewalks and street furnishings. With the increasing number of downtown Del Mar visitors and the residents during the past year, the downtown sidewalks and furnishings have seen tremendous use. Downtown retailers, restaurants and commercial property owners have requested that the sidewalks be power washed in specific areas and that furnishings, flower beds etc. be cleaned. During the current pandemic, in order to continue to successfully promote our local downtown businesses to visitors and the community, downtown Del Mar’s cleanliness, health and safety is particularly important. To support this initiative, DMVA has contacted other local communities regarding how they service their power washing and downtown cleanup efforts. Carlsbad, Oceanside, North Park and Coronado all work with the Urban Corps of San Diego County Improvement Services program, with rave reviews. DMVA has also successfully worked with the Urban Corps in the past for special event support and a downtown clean-up project. Founded in 1989, Urban Corps is a non-profit conservation corps and charter school providing job training and a second chance high school education program to young adults ages 18-26, assisting these youths in becoming more employable and giving them a second chance at earning their high school diploma. DMVA is poised to administer this program with the Urban Corps in order to lessen the impact on City Staff.

• Del Mar Village Shop Local Community E-Gift Card Initiative. Many of Del Mar’s small businesses are facing an uphill battle to keep their doors open and pivot their services due to the COVID-19 pandemic and ever changing State and San Diego County health orders. Using the online platform Yiftee, DMVA is currently creating a buy local Del Mar Village Community E-Gift Card campaign. This is an easy, digital way for local residents and visitors to support our small businesses. The sale of these gift cards will create a direct infusion of much-needed local revenue and build local Del Mar business loyalty. To incentivize the public to purchase the Del


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1442 Camino Del Mar | Suite 217 | Del Mar | CA | 92014 T 858.735.3650 | [email protected] | www.visitdelmarvillage.com

DMVAD E L M A R V I L L A G E A S S O C I A T I O N

Mar Village E-Card, DMVA has partnered with the Rotary Club of Del Mar. The Rotary is donating up to $2,000. For each $25 E-Gift Card sold there will be an additional $10 applied to the E-Card (i.e., for purchase of a $25 E-Gift Card the public will receive a $35 E-Gift Card) until the $2,000 is expended. This program has been successful in the City of San Diego and is currently being rolled out in Carlsbad with the City of Carlsbad contributing $75,000. DMVA is proposing to continue the Del Mar E-Card incentive program through the holiday season with a portion of the current City donated funds supplementing the $25 gift card with a $10 bonus. This will be a direct investment for Del Mar’s business community. DMVA will administer and promote this program in partnership with the local businesses and City of Del Mar.

DMVA is ready to work on both of these initiatives. We are recommending that the City approve the forgoing programming but allow for flexibility on the percentage of funding from the $20,000 donation for each of the programs. DMVA and City Staff need to further evaluate the level of downtown improvements that can be provided by Urban Corps and the remaining funding available for the Del Mar E-Card Again, thank you for your support of the downtown Del Mar small businesses. We look forward to implementing and promoting these initiatives.

Sincerely, Jen Grove [by electronic signature] Jen Grove DMVA Executive Director


Proposed Approach to Allow Temporary Outdoor Coverings Due to COVID-19

In anticipation of the rainy season and potential continuation of the County’s Public HealthOrder limiting indoor dining and potential expanded limitations on other indoor uses, thebusinesses are inquiring about using temporary outdoor coverings. As of August 31st,the County Public Health Orders have been amended to allow for indoor uses on a limitedbasis, however, considering the uncertainty and speed at which the Public Health Orderschange, staff has identified a recommended approach to have in place to review andallow temporary outdoor coverings for restaurants and other business types.

Staff proposes to utilize existing mechanisms to process temporary allowances on a case-by-case basis via Encroachment Permits (EP) for requests on public property andTemporary Use Permits (TUP) on private property. Businesses that currently have aCOVID-related EP and/or TUP could request a modification to their existing permit.

The primary objectives associated with temporary outdoor covering during this highlyunusual time associated with COVID-19 are: 1) maintaining public safety; and 2) clearpedestrian and airflow access. Owners would be required to maintain all safetyrequirements by the County Health Officer related to outdoor spaces and enclosures; thismay require that the outdoor spaces not be enclosed to maintain ventilation. Dependingon the type of design proposed, owners may need to obtain Building and Fire Plan Checkand a Building Permit prior to installation of their temporary covering.

Temporary coverings that are not affixed structures would be considered through the EP

or TUP process based on the criteria above and would be allowed while the Public HealthOrders are in effect limiting indoor use. For coverings that would normally be consideredmore permanent or affixed that would typically require Design Review (DR), recognizingthe time requirement to complete the DR process and the more expedient need andunusual circumstances, staff recommends allowing that the DR process and Zoningstandards be temporarily suspended for these circumstances. Once the Public HealthOrder ends, businesses that want to retain the overhead coverings would need tosuccessfully complete the DR process in order to keep them. This would be clearlycommunicated as a condition of the approved TUP or EP for the temporary outdoorcovering.

Related Criteria:

1. Design Criteria: Temporary coverings come in a range of styles and designs,from simple pop-up tents, to assembled event tents, to morepermanent/retractable designs. Further, due to inclement weather, owners willlikely desire to enclose sides of their outdoor spaces to protect their customersfrom wind and rain. The DMMC includes a provision that recognizes outdoorareas may need to provide temporary enclosures during inclement weather(see DMMC 30.86.110) and some restaurants currently provide temporaryenclosures already as part of their normal operations. However, it would be


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expected that owners maintain all safety requirements by the County HealthOfficer related to outdoor spaces and enclosures; this may require that theoutdoor spaces not be enclosed to maintain ventilation.

2. Design Review and Zoning Standards: Temporary coverings are likely to beinstalled and remain through the course of the public health orders. Dependingon the type of design proposed, including more permanent/retractable designs,the City’s Design Review (DR) process may be triggered. Considering the timeassociated with the DR process, staff recommends temporarily suspendingDesign Review and Zoning standards in DMMC 30.86.110 (calculation of FARand parking requirements for temporary enclosures) for temporary coveringswhile the health order and limitations on indoor use are in effect. Following theconclusion of the public health orders, any businesses seeking to retain theircoverings could then submit for Design Review, and a long-term EP forcoverings on public property. This would be clearly communicated as acondition of the approved TUP or EP for the temporary outdoor covering.

3. Building and Safety: Depending on the type of design proposed, owners mayneed to obtain Building and Fire Plan Check and a Building Permit prior toinstallation of their temporary covering. This would be at the determination ofthe Chief Building Official and may include additional requirements to avoidpublic safety issues related to wind load, attachments to structures, and fireprevention from heaters, amongst other criteria. Fees would be required ifBuilding/Fire review is needed.

4. Pedestrian Accessibility: Supports for temporary coverings located on publicproperty, such as a sidewalk, could impair sufficient width for the public to movealong the sidewalk. Generally, the City’s preference is to maintain five-feet inwidth along the sidewalk; however, in no event is less than four-feet allowedpursuant to ADA accessibility.

5. Lighting: Temporary lighting would be anticipated due to evening hoursfollowing Daylight Savings, and would be expected to be temporary in natureand the minimum necessary to provide lighting for service.

6. Heaters: Heaters would be anticipated due to cooler temperatures andinclement weather. It is anticipated that these types of heaters would bemoveable/stand designs that run from propane tanks. Allowance for heaterswould need to be consistent with safety protocols set by the Building Official.

7. Advertising: Owners may seek to place advertisements on their temporarycoverings. For coverings placed on private property, up to 32 square feet perbusiness has been temporarily authorized by the Council by an urgencyordinance. Advertising may be included on the temporary covering as part ofthis allowance. However, advertising on public property is not part of thetemporary 32 square foot allowance. Generally, the City does not allow privateuse of public space for advertising as it is considered “off-site advertising”.However, this could be considered on a temporary basis if so desired by theCouncil.


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