HomeMy WebLinkAboutExecutive Order No. 5-2020CITY OF SANTA ANA EXECUTIVE ORDER NO, 5-2020
EXECUTIVE ORDER NO. 5 OF THE DIRECTOR OF EMERGENCY
SERVICES FOR THE CITY OF SANTA ANA AUTHORIZING
RESTAURANTS AND RETAIL BUSINESSES TEMPORARY USE TO
EXPAND DINING AND RETAIL OPERATIONS ONTO ALL SIDEWALKS
AND ON -STREET PARKING SPACES (FOOD ISLANDS) ON CITY ROADS
SECTION 1. Findings.
A. International, national, state, and local health and governmental authorities are
responding to an outbreak of respiratory disease caused by a novel coronavirus named
"SARS-CoV-2," and the disease it causes has been named "coronavirus disease 2019,"
abbreviated COVID-19 ("COVID-19" ).
B. On March 4, 2020, the Governor of the State of California declared a state of
emergency to make additional resources available, formalize emergency actions
already underway across multiple state agencies and departments, and help the state
prepare forbroader spread of COVID-19.
C. On March 13, 2020, the President of the United States of America declared a
national emergency and announced that the federal government would make
emergency funding available to assist state and local governments in preventing the
spread of and addressing the effects of COVID-19.
D. The Orange County Board of Supervisors and Department of Public Health declared
a local emergency and local public health emergency to aid the regional healthcare
and governmental community in responding toCOVID-19.
E, On March 17, 2020, the Santa Ana City Council proclaimed the existence of a local
emergency to ensure the availability of mutual aid and support an expedient response
to the novel coronavirus ("COVID-1 9") pandemic.
F. On March 19, 2020, California Governor Newsom issued Executive Order N-33-20,
which mandates that all individuals living in the State of California stay home or at
their place of residence, except as needed, to maintain continuity of operations of
essential services sectors.
G. On April 1, 2020, the California Department of Public Health ("CDPH") issued
guidance regarding the use of face coverings in public.
H. On April 4, 2020, the Centers for Disease Control and Prevention ("CDC')
recommended wearing cloth face coverings in public settings where other social
distancing measures are difficult to maintain, especially in areas of significant
community based transmission.
I. On April 9, 2020, the Orange County Health Officer issued a face covering
recommendation for essential businesses, encouraging all employees at essential
businesses to wear a face covering while at work and that all residents engaged in
essential activities outside the home to do the same.
J. On May 4, 2020, California Governor Newsom announced that, beginning May 8,
2020 the State can begin to move into Stage Two reopening with some retail,
manufacturing, and logistics businesses. Non -essential retail businesses and
restaurants are authorized to reopen for curbside pickup and/or deliveries.
K. On May 23, 2020, the County of Orange announced the State's approval of the
County's plan to accelerate local businesses further into Stage Two by demonstrating
that Orange County meets the State's required metrics as outlined in the California
Resiliency Roadmap.
L. The City of Santa Ana is taking steps to ensure businesses have the ability to operate
safely and successfully during the COVID-19 economic recovery using available
private and public right-of-way.
M. The City of Santa Ana is temporarily authorizing restaurants and retail businesses to
expand dining and retail operations onto all sidewalks and on -street parking spaces
(food islands) on City roads. The City has also identified certain roadways for full road
closures (caf6 & retail zones) and will be temporarily making these street areas
available for expanded dining and retail activity.
N. For the duration of Governor Newsom's stay-at-home order, City Code requirements
regarding certain permitting of sidewalk cafes shall be temporarily Puspended.
Businesses utilizing City rights -of -way shall comply with the following requirements
during this time period. Operational requirements for Sidewalk Cafes per the SAMC
shall remain in effect as described below and shall apply to all private business
operations including retail establishments.
O. As of May 26, 2020, Orange County has had 5,578 cases of COVID-19 and 131
deaths; the City of Santa Ana has had 1,032 such cases, which is the highest case
City in all of Orange County as of this date.
P. To help existing commercial businesses operate in a safe manner to abide by State of
California and local health officials mandate for social distancing, it is necessary to
temporarily authorize restaurants and retail businesses to expand dining and retail
operations onto all sidewalks and on -street parking spaces (food islands) on City roads.
Q. This Order is adopted pursuant to the City's police powers and powers afforded to
the City in time of national, state, county and local emergency during an
unprecedented health pandemic, such powers being afforded by the State
Constitution, the City Charter of the City of Santa Ana and the Santa Ana Municipal
Code to protect the peace, health, and safety of the public. This Order is necessary
for the preservation of the public peace, health, and safety of residents living within
the City. Under Government Code Section 8634, this Order is necessary to provide
for the protection of life and property.
NOW, THEREFORE, I, Kristine Ridge, the Director of Emergency Services for the City of Santa
Ana, do hereby issue the following order, in conformance with and where not superseded by
an Executive Order from the Governor and guidance from the CDC, CDPH, and the Orange
County Health Officer, to become effective immediately:
IT IS HEREBY ORDERED THAT:
SECTION 2. The Executive Director of Planning and Building is hereby authorized to:
A. Allow restaurants, food establishments, and retail businesses licensed under Chapter 41 of the
Santa Ana Municipal Code (SAMC) to temporarily expand dining and retail operations onto sidewalks
and parking spaces (Food Islands/Parklets) on City roads or parking lots within Downtown Santa Ana,
subject to written guidelines approved by the City Manager.
B. Allow restaurants, food establishments, and retail businesses licensed under Chapter 41 of the
Santa Ana Municipal Code (SAMC) to temporarily expand dining and retail operations on private
commercial property by utilizing up to 50% of the off -site private parking spaces servicing the
property, subject to written guidelines approved by the City Manager.
SECTION 3: The authorization to allow the activities specified above shall be temporarily
exempt from local permitting requirements. The written guidelines approved by the City
Manager as referenced above are titled as "The City of Santa Ana Guide for Expanded Restaurant
+ Retail Spaces" and are attached hereto as Exhibit A.
SECTION 4. This Order shall be superseded by a duly enacted Ordinance of the City Council
or a further Order by the Director of Emergency Services adopted during the local emergency
expressly superseding this Order.
SECTION 5. This Order shall become effective immediately, and shall remain in effect for
the duration of Stage 2 and Stage 3 of the State of California Resiliency Roadmap Stages as
declared by Governor Newsom, unless extended by the Director of Emergency Services or the
City Council.
SECTION 6. Ifany section, subsection, sentence, clause, phrase or word of this Order is found
to be unconstitutional or otherwise invalid by any court of competent jurisdiction such decision
shall not affect the remaining provisions of this order.
PASSED, APPROVED AND ADOPTED this 28th day of May, 2020.
ICriste Ridge, Direc�mergency Services
ATTEST: inM
Daisy Gome , Clerk of the uncil
101
AM oil p
SpaceA Guide for Expanded
Restaurant + Retail
Rev:5/28/2020
TABLE F CONTENTS
PREFACE.......................................................................................................................................... 3
GOVERNOR NEWSOM STAY-AT-HOME ORDER......................................................................... 3
GUIDELINES TO EXPAND SEATING AND SALES AREAS.............................................................. 3
RESTAURANT + RETAIL RECOVERY PROGRAM..............................................................................4
TEMPORARY OUTDOOR DINING+ RETAIL ACTIVITY IN PUBLIC RIGHTS -OF -WAY IN
DOWNTOWN.............................................................................................................................. 4
Sidewalks................................................................................................................................. 4
FoodIslands/Parklets.............................................................................................................. 5
Caf6& Retail Zones.................................................................................................................. 5
TEMPORARY OUTDOOR DINING+ RETAIL ACTIVITY ON PRIVATE COMMERCIAL PROPERTY. 6
Tents, Umbrellas, and Other Shade Structures....................................................................... 7
TEMPORARY SALE & CONSUMPTION OF ALCOHOL.................................................................. 7
ADDITIONALRESOURCES............................................................................................................... 7
EXHIBITA: Map of Downtown....................................................................................................... 8
EXHIBIT B: Outdoor Seating Area Guidelines................................................................................ 9
EXHIBIT C: Sample Street Closures.............................................................................................. 10
EXHIBIT D: Guidelines for Tents, Umbrellas, or Shade Structures ............................................. 11
EXHIBIT E: Temporary Catering Authorization............................................................................ 12
EXHIBIT F: Flyers and Other Resources....................................................................................... 13
2 1 P a g e
GOVERNOR NEWSOM STAY-AT-HOME ORDER
Since Governor Gavin Newsom issued Executive Order N-33-20 on March 19, 2020, Stage 2 of
reopening began on May 8, 2020. Non -essential retail businesses and restaurants are
authorized to reopen for curbside pickup and/or deliveries, and must abide by the safety
guidelines issued by the State, CDC, and OSHA.
GUIDELINES TO EXPAND SEATING AND SALES AREAS
Per Executive Order 5-2020, the City of Santa Ana provides the following guidelines:
Restaurants and food establishments licensed under Chapter 41 of the Santa Ana
Municipal Code (SAMC) may allow on -premise consumption of food and beverages, so
long as they adopt appropriate social distancing measures and limit their indoor
occupancy to no more than 25 percent of their building occupancy (including staff).
o If you do not know the allowable capacity of your business, contact OCFA at (714)
573-6000.
V All indoor and outdoor seating must be spaced at least 6 feet between parties. Outdoor
seating and sales areas shall be separated by stanchions, barriers, planters, or similar
means to outline the specific area.
V Restaurants using Food Islands or participating in the "Cafe and Retail' zones are
required to use a reservation process to prevent patrons from congregating while
waiting for service.
i�, Parties should not exceed 10 people. Businesses should consider a reservations -only
business model or call -ahead seating to manage spacing.
1� Businesses should thoroughly clean and disinfect all surfaces after each use. Businesses
should also provide easily accessible sanitizer for patrons and employees.
t^ It is strongly encouraged to test your workforce for COVID-19. No symptoms or
insurance is necessary.
a Businesses should also use disposable paper menus and are strongly encouraged to
implement contactiess ordering and payment processes.
O� All dining bar counter areas shall be closed for seating.
Outdoor alcohol sales is permitted in full accordance with California Department of
Alcoholic Beverage Control (ABC) and City approved standards.
V Facial coverings should be worn for all those in face-to-face interaction roles (e.g.
servers, retail workers) and where six-foot social distancing cannot be
maintained. .>
Bars, pubs, and nightclubs shall comply with the state order.
3 1 P a g e
::
x
The City of Santa Ana is taking steps to ensure businesses have the ability to operate safely and
successfully during the COVID-19 economic recovery using available private and public right-of-
way.
9,41M"r 0,11M611111 1011111101r 01 ILI I ILI,
WAY IN DOWNTOWN
In accordance with Executive Order 5-2020, the City of Santa Ana is temporarily authorizing
restaurants and retail businesses to expand dining and retail operations onto sidewalks and
parking spaces (Food Isla nds/Parklets) on City roads or parking lots within Downtown Santa
Ana. The City will also identified certain roadways for full road closures (Cafe & Retail Zones)
and will be temporarily making these street areas available for expanded dining and retail
activity. It is the business's responsibility to ensure that minimum life safety requirements and
Americans with Disability Act (ADA) requirements are maintained at all times. See Exhibit A for
a map of Downtown Santa Ana.
Sidewalks
For the duration of Governor Newsom's stay-at-
home order, City Code requirements regarding
certain permitting of sidewalk cafes shall be
temporarily suspended. Businesses utilizing City
rights -of -way shall comply with the following
requirements during this time period. Operational
requirements for Sidewalk Cafes per the SAMC shall
remain in effect as described below and shall apply
to all private business operations including retail
establishments.
General Requirements:
Outdoor seating or sales area operations within
sidewalks and public rights -of -way shall maintain the
following:
1� Adequate and unobstructed pedestrian flow of at least 4 feet
a Access to public utilities, crosswalks, bus stops, and other required entrances/exits
t� Access to fire hydrants, fire hose connections for sprinkler systems, and building
entrances/exits shall not be obstructed. The twenty (20) feet fire lane shall
not be obstructed at any time.
„ufi"
4iPage
� The operational hours of the outdoor space shall be restricted to the operating hours
of the business.
See Exhibit B for outdoor seating parameters.
Food Islands/Parklets
Food Islands (or parklets) are on -street parking spaces that have been temporarily converted
for other use, such as expanded outdoor dining areas. Food Islands can be used by one or more
businesses, and don't require streets to be closed. The City will be temporarily suspending
certain codes and permitting requirements for private use of on -street parking spaces within
the public right-of-way.
R- Metered parking spaces must be requested and approved in advance by contacting the
City at (714) 647-5477. The City will bag metered spaces at no cost to the business, and
the business will be permitted to temporarily use the additional space for restaurant or
retail use.
Non -metered spaces may be activated by an adjacent business at any time without
notification to the City.
Temporary Barriers and Surface Materials
Temporary barrier materials, such as pedestrian rails, bike racks, wood, plants, A -frames, or
painted plastic, can be utilized to better define boundaries of extended business operations.
Any equipment or furniture placed in the parking space cannot be placed closer than two
(2) feet from the edge of the adjacent travel lane. Safe pedestrian pathways between barrier
walls must be provided. For questions relating to barrier wall placement, please call Victor
Chaidez with the Public Works Agency at (714) 647-5609 or Julie Castro -Cardenas from the
Community Development Agency at (714) 673.3619.
Temporary surface materials, such as chalk or turf, are permitted for application on sidewalks
and parking spaces.
Cafe & Retail Zones
Cafe and Retail Zones involve closures of portions of a street near a concentration of businesses
to provide additional space in a safe and protected setting that can serve multiple businesses.
Full street closure locations and hours of operation will be approved and deployed by the City
of Santa Ana in advance. The City will provide the maintenance of traffic plans to close the
roadway for vehicles and deploy necessary detours and signs to direct traffic away from the
closure. It is the business's responsibility to activate these spaces with temporary
materials such as tables, chairs, umbrellas, and visual/physical barrier materials. w
51Page
These zones will be installed 24 hours a day/7 days per week for the duration of this pilot
program. To request consideration of a Cafe & Retail Zone in front of your business, please call
the Community Development Agency at (714) 673-3619 or William McGovern from the Police
Department at (714) 647-5840. See Exhibit C for sample street closure maps.
City of Santa Ana Right to Clear Right -of -Way
The City reserves the right to remove an outdoor seating or sales area that (i) creates an
obstruction to, or causes congestion of, pedestrian or vehicular traffic due to existing
conditions on the surrounding public right-of-way if It finds the installation represents a
danger to the health, safety or general welfare of the public or (ii) a business violates the
requirements of these Guidelines or Executive Order 5.2020.
The City may require the removal, temporary or permanent, of the outdoor seating or sales area
when necessary, or the permittee fails to comply with the criteria set forth in Chapters 1.0,
36, and 41 of the SAMC. Any costs incurred by the City for removal or storage of sidewalk
cafe tables, chairs and other equipment shall be the responsibility of the business. The City
is not responsible for any damages or loss of equipment removed pursuant to this subsection.
COMMERCIAL PROPERTY
Up to 50%of off -site private parking
spaces counted for required parking may
be converted to outdoor dining or retail
space, when the lot is immediately
adjacent to the parent property. The
converted use must be in conformance
with all Orange County Fire Authority
(OFCA) requirements for building
accessibility, and social distancing
requirements that provide at least sixfeet
spacing between tables and pathways.
Additionally, no parking for disabled
persons may be repurposed for restaurant
or retail use.
The required landscape and buffer areas for the off -site private parking spaces (Vehicular
Use Areas), shall not be used as an expanded converted use for restaurants
or retail operations. There shall not be parking, outside seating, or retail activities in
these areas.
ft--
6 1 P a
Tents, Umbrellas, and Other Shade Structures
Tents that are 10 feet by 10 feet in size or smaller may be placed in parking spaces to provide
shade for outdoor dining and retail areas. Businesses must adhere to OCFA requirements. See
Exhibit D for additional guidelines on the use of tents, umbrellas, or shade structures within
public spaces.
TEMPORARY SALE & CONSUMPTION OF ALCOHOL
The City of Santa Ana will temporarily allow the sale and consumption of alcohol within private
or public outdoor dining or Food Islands that are operated and approved by business owners
that have permits and authorization from the Alcoholic Beverage Control, as outlined in the
Fourth Notice of the ABC guidelines: https://www.abc.ca.govlfourth-notice-of-regulatory-relief/
See Exhibit E for additional information on applying to ABC for temporary catering
authorization.
W 011 a IIyClPT_1�:ZX►'�N � 11
The City of Santa Ana has established a Business Resource Hotline for local businesses to
communicate and get resources during economic recovery from the COVID-19 pandemic.
Available Monday through Thursday during normal business hours.
Call,• (714) 647-5477
Visit: https://www.santa-ana,org/businesses-and-workers-impacted-coronavirus
.tea.
cXHIBITi Downtown y a Ana Business
_rnprovernent District Boundaries
ffl
SANiA ANA
EI10 11 1-1M
L rc�J
ORYH 3i.
OLM 1-1 El 11 DE
SANLA MA OLM III(" ` PiNIPfH fT.
EJ El ❑ El
TwAD ST
$fCDNO ST.
011
Santa Ana Business Improvement District I BlpB MA,ks
8 1 P a g 0
A
wffllflul�W
SampleEXHIBIT C: Street
Closures
FULL SLCCK CLOSURE wn H LEFT Taw POCKET
� ,na
arol
FOAR
CLOHEO
S no,
i � I
qJd
P.116%'61.,0.K.CI51F_RF
ROAD
warm t�cyYu
a4, sw
wao C WED
... FICIAD
nan, �AxRac
CLOWD,
CUL-DE-SAC CLOSURE
kal
101Page
EXHIBIT D: Guidelines
x. Tents, Umbrellas,
O..
Shade
Structures
The following requirements shall apply to use of tents or shade structures within public
spaces;
V- The maximum size tents that may be placed within sidewalks and parking spaces
will be 10-foot by 10-foot.
s« No more than five tents that are 10x10 may be positioned side by side.
D, No staking of tents is permitted in public rights -of -way.
t, All tent legs must be weighted.
Each leg must have a minimum of 40lbs.
Weights must be securely attached to canopy roof and canopy leg separately.
o Ropes and straps should be high quality.
o Bungee or rubber straps are prohibited.
Weights must be on the ground and not dangling.
Weights and lines must not pose a hazard and be clearly visible.
For maximum safety, tents should be secured as soon as they are put up, and brought
down as soon as weight is removed. Do not leave unsecured tents at anytime.
9, Heaters of any kind shall not be used under tents or umbrellas.
D, Smoking is prohibited under tents and shade structures.
r• Tents must not have closed walls in place while open to the public, and all sides
should be open for air flow.
Items that make acceptable weights;
5 gallon bucket full of water, sand, or concrete
4" PVC pipe at least 36" long filled with concrete
Large commercially available tent weights
Sandbags or salt bags 40lbs or heavier
Requirements for tents larger than 10-foot by 10-foot:
V, Shall only be placed on private property or city parks (not sidewalks or streets)
ab Must comply with OCFA requirement
A COVID-19 Temporary Catering Authorization allows the on -sale consumption of those alcoholic
beverages for which the licensee has on -sale privileges on property that is adjacent to the licensed
premises, that is under the control of the licensee, and where bona fide meals are being served.
The COVID-19 Temporary Catering Authorization Application (Form ABC-218 CV19) shall include:
1. A diagram of the currently licensed premises and the proposed temporary area, clearly
delineating the respective spaces;
2. An explanation of the licensee's legal ability to control the proposed temporary area (e.g., the
licensee owns or rents the area, the local governing authority has authorized the licensee to use
the area for the service of meals and alcoholic beverages, or the licensee has another type of
permission to use it);
3. What temporary or fixed barriers or delineations will be utilized that will enable the licensee to
control the temporary area;
4. Whether the temporary area will be shared with any other person, whether or not a licensee,
and whether any other licensee will be permitting the consumption of alcohol in the area;
S. A statement that a copy of the application has been forwarded to the appropriate local law
enforcement agency;
6. A statement by the licensee that the temporary authorization is consistent with the terms
herein, as well as all state and local directives regarding the operation of an on -site food service;
and
7. A non-refundable application fee of $100.
Upon filing of the application and payment of the fee, the applicant may begin exercising retail privileges
in the temporarily authorized area. The authorization will be valid indefinitely, unless cancelled as
provided below.
The authorization may be cancelled as follows:
1. Upon the termination of this COVID-19 Temporary Catering Authorization program;
2. For any violation of the ABC Act, or for violation of applicable laws, rules, ordinances, and other
directives pertaining to business activities conducted on the premises and expanded area;
3. For disturbance of the quiet enjoyment of nearby residents;
4. Upon objection by local law enforcement;
5. If operation of the temporarily authorized area is inconsistent with State or local public health
directives, including social distancing directives or guidance; or
6. If in the discretion of the Department continuance of the temporary authorization will
negatively impact the public's health, safety, or welfare.
SOCIAL DISTANCING
piigmquigipqoii�mqmqmqigqioqmqmqiuquupnipuq `
6 feet
131Page (D