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of any City staff regarding any and all site-specific considerations related to the proposed Outdoor <br />Activities, and make any necessary changes to the Temporary Outdoor Dining Permit based on <br />those site-specific considerations, to ensure ongoing protection of the public health and safety of <br />the City. <br />D. Outdoor Activities in the public right-of-way are also subject to the requirements of <br />this Proclamation including obtaining a Temporary Outdoor Dining Permit prior to commencing <br />any Outdoor Activities in the public right-of-way. <br />SECTION 4. Encroachment Into Public Right -of -Way. To streamline the issuance of <br />temporary rights of encroachment into the public right-of-way, the City hereby amends its <br />encroachment permit process as follows: <br />A. City Code Chapter 29 (Streets, Sidewalks and Work In Or Use of City Right -of - <br />Way) Sections 29.3 (Encroachment Permit Required), 29.6 (Application), 29.11 (Terms and <br />Conditions of all Encroachment Permits) subsections (D) (commencing of work) and (E) (term), <br />29.21 (revocation), and 29.26 (fees) regarding encroachment permits shall not apply to <br />businesses who enter into a Temporary Outdoor Dining Permit for purposes of conducting <br />Outdoor Activities in compliance with State and County Orders subject to the provisions of this <br />Proclamation. <br />B. Businesses seeking to encroach into the public right way for purposes of <br />conducting Outdoor Activities in compliance with State and County Orders shall execute a <br />Temporary Outdoor Dining Permit in lieu of obtaining a standard encroachment permit. <br />SECTION 5. No Interference with Private Property. Nothing in this Proclamation relieves <br />a business from any obligations or laws requiring consent of adjacent property owners for use of <br />private property. Businesses seeking to operate outdoors shall obtain consent of any private <br />property owners whose property will be used for outdoor operations. Nothing in this Proclamation <br />is intended to circumvent private property agreements or leases and conveys no rights to operate <br />a use or conduct commercial activities outdoors. <br />SECTION 6. Building Permit Required. Nothing in this Proclamation relieves a business <br />from the requirement to obtain a building permit for Outdoor Activities if a building permit would <br />otherwise be required, nor does this order relieve a business from complying with all provisions <br />of the Building Code, including but not limited to, maximum occupancy requirements. Nothing in <br />this Proclamation relieves a business from the requirement to undergo design review for exterior <br />alterations if such design review is required pursuant to applicable provisions of the City Code or <br />Zoning Regulations, except that temporary installments, including but not limited to, tents, fencing, <br />barriers and enclosures, may be authorized in the Outdoor Activity Agreement to facilitate <br />proposed Outdoor Activities. <br />SECTION 7. County Permits. Nothing in this Proclamation relieves a business from the <br />requirement to obtain any and all County permits regarding the provision of food and dining <br />services. <br />SECTION 8. Violations of Proclamation. Any violation of this Proclamation or any other <br />local, State, or Federal law shall constitute an imminent threat to the public health and is hereby <br />declared to be a public nuisance and shall be subject to enforcement as such; violations of <br />this <br />ATN/AGR/PROCLAMATIONS/2020.001/OUTDOOR DINING PROCLAMATION RE50. NO. 15858 <br />REV: 06-15-2020 PR MUFF NO. 205 <br />Page 4 of 7 <br />