December 2, 2020

Suisun City Issues Emergency Directive Allowing Limited Outdoor Dining and Retail Activities

Suisun City Marina in Suisun City, CA, United States - Marina ...

On March 16, 2020 the City Manager acting in capacity as Director of Emergency Services pursuant to Chapter 2.32 of the Suisun City Municipal Code declared a local emergency due to the rapidly evolving Coronavirus (COVID-19). This declaration was ratified by City Council Resolution No. 2020-40.

Based on the public health crisis, local business have been shut down (except in some limited capacity) for almost three months. Due to the shut down, businesses have lost revenue and economic devastation continues to affect the city’s health, safety, and welfare.

Over the past weeks, Solano County has allowed certain business to reopen with certain conditions. Guidelines for these business are provided by Cal-OSHA and CDPH here: https://covid19.ca.gov/pdf/guidance-dine-in-restaurants.pdf

The limitations restrict how many customers can be served in restaurants and retail. In order to increase revenue at a time of economic recovery, expansion of dining areas and shopping areas into sidewalks, streets, and parking areas can provide additional space where customers can be served while in compliance with the Industry Guidance to insure social distancing.

The Director of Emergency Services authorizes the following directives pursuant to Section 2.32.070 (A) to be ratified by the City Council within the earliest practicable time:

  1. Effective immediately, and for the duration of the local emergency, or for as long as COVID-19 Industry Guidance: Dine-In Restaurants and COVID-19 Industry Guidance: Retail apply, whichever ends first, temporary encroachment permits for outdoor dining and retail activities may be obtained by existing restaurants and retail businesses.
  2. Restaurants and retail businesses wishing to temporarily expand their dining and retail areas pursuant to Section 1, above, shall be required to obtain temporary encroachment permits. Permit fees shall be waived.
  3. Effective immediately, and for the duration of this directive, enforcement of the following provisions of the Suisun City Municipal Code (SCMC) shall be modified as follows:
    1. A temporary encroachment permit application pursuant to this directive shall comply with the requirements of Section 18.64.030, except that the application shall require one set of proposed plans, not two.
    1. Section 18.64.020 (Applicability) of Chapter 18.64 (Sidewalk Cafés) currently provides in relevant part that a “sidewalk café area must be located adjacent to the restaurant and may be located along a street, within a pedestrian mall or plaza, or alley.“ Sidewalk cafés shall be additionally permitted in all City-designated outdoor spaces, which may include sidewalks, streets, and parking lots, provided the use can be accommodated without undue interference with pedestrian and vehicular traffic.
    1. Enforcement of parking ratios for existing retail or restaurant businesses, as provided in Table 18.42.02 of the SCMC, is suspended.
    1. Perimeter barriers, as required by Section 18.64.050, shall not be required for temporary encroachments on sidewalks, but shall be required for temporary encroachments on parking lots and streets.
    1. Section 18.64.060(G), allowing restaurant furnishings to be left outside overnight shall not apply to temporary encroachment permits issued pursuant to this directive; all restaurants and retail businesses that obtain a temporary encroachment permit must bring all their furnishings inside every evening after closing.
  4. The temporary encroachment permits issued pursuant to this directive shall expire upon the earlier of the lifting of the Industry Guidelines or the local state of emergency, unless revoked sooner. Upon expiration or revocation of its temporary encroachment permit, the establishment shall immediately comply with all applicable municipal code provisions.
  5. A temporary encroachment permit issued under this directive may be revoked by the City for failure to comply with all applicable SCMC provisions, or for noncompliance with this directive.
  6. Notwithstanding anything to the contrary, this directive may be rescinded or amended by the Director of Emergency Services or by the City Council for any reason prior to the lifting of the local state of emergency or of the Industry Standards.
  7. I hereby reserve the right to issue additional directives as needed.

Read the city’s full Directive and Press Release here: