HomeMy WebLinkAbout2020-055 - Suspending the Requirement of a Land Use Certificate RESOLUTION NO. 2020-055
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA TEMPORARILY ALLOWING FOOD VENDING
VEHICLES TO USE PRIVATE PROPERTIES AND
CERTAIN CITY OWNED PARKING LOTS FOR VENDING
ACTIVITIES AND SUSPENDING THE REQUIREMENT OF
A LAND USE CERTIFICATE
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 for broader 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 to COVID-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-19")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.
Resolution 2020-055
Page 1 of 25
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. On MAY 25, 2020, the State Modified Phase 2 Re-Opening: The State
Department of Public Health made modifications to the re-opening of retail
shops and stores to allow for in-store shopping paired with specific restrictions
along with curb-side pickup.
M. On June 1, 2020, Governor Newsom Issued Executive Order to Address
Impacts of COVID-19: The order enabled greater local control by extending
authorization for local governments to halt evictions for renters impacted by
the COVID-19 pandemic, through July 28. The order also removed barriers
to a number of grant programs and waives certain requirements for childcare
facilitators and teachers to remain compliant and continue their work.
N. On June 9, 2020, the State Adds Movie Theaters to List of Approved
Reopenings: The Governor's Administration and California Department of
Public Health (CDPH) grouped movie theaters in with bars, gyms, zoos,
museums, and other businesses that counties may reopen beginning Friday,
June 12.
O. On June 15, 2020, Governor Newsom Signed Executive Order to Address
Resolution 2020-055
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Various COVID-19 Issues: Among other allowance, the Executive Order
extended permission for licensed food trucks to operate in roadside rest areas
with a temporary CalTrans permit.
P. On June 18, 2020, the State Mandated Face-Coverings in Most Public
Spaces: In response to the recent rise in COVID-19 cases, and as the
economy begins to reopen, the Governor's Administration and California
Department of Public Health (CDPH) issued a statewide order making face
masks mandatory in public spaces with limited exceptions.
Q. 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 properties and public right-of-way.
R. On May 28, 2020, the City of Santa Ana issued Executive Order No. 05
temporarily authorizing restaurants and retail businesses licensed under
Chapter 41 of the Santa Ana Municipal Code (SAMC) to expand dining and
retail operations onto all sidewalks and on-street parking spaces (food islands)
on City roads and has also identified certain roadways for full road closures
(café & retail zones) for expanded dining and retail activity for the duration of
Governor Newsom's stay-at-home order.
S. The City Manager issued and published written guidelines as contained in
the "The City of Santa Ana Guide for Expanded Restaurant + Retail
Spaces" providing guidance and safety measures for businesses to
implement.
T. The City Council desires to expand the guidelines to include Food Vending
Vehicles licensed pursuant to Article 14 of Chapter 36 of the SAMC and
temporarily allow Food Vending Vehicles to operate on private properties and
certain City Parking lots.
U. For the duration of Governor Newsom's stay-at-home order, City Code
requiring a Land Use Certificate pursuant to Section 41-675 of the SAMC shall
be temporarily suspended.
V. Other than as provided for in this Resolution, Operational requirements for
Food Vending Vehicles per the SAMC shall remain in effect for Food Vending
Vehicles, whether operating within public rights-of-way, private properties, or
identified City Parking lots.
W. To help existing Food Vending Vehicles 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 Food Vending Vehicles to operate on
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private properties and certain City Parking lots.
X. This Resolution 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 Resolution is necessary for the preservation of the public peace,
health, and safety of residents living within the City. Under Government
Code Section 8634, this Resolution is necessary to provide for the protection
of life and property.
NOW, THEREFORE, the City Council of the City of Santa Ana, does hereby
resolve as follows, 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 RESOLVED THAT:
Section 2. The Executive Director of Planning and Building is hereby
authorized to:
A. Allow Food Vending Vehicles licensed under Article 14 of Chapter 36 of the
Santa Ana Municipal Code (SAMC) to operate on private commercial by
utilizing up to 25% of the off-site private parking spaces servicing the property,
subject to written Guidelines approved by the City Manager.
B. Allow Food Vending Vehicles licensed under Article 14 of Chapter 36 of the
Santa Ana Municipal Code (SAMC) to temporarily operate on certain City
Parking (Exhibit A) lots identified by the City Manager subject to written
Guidelines approved by the City Manager.
Section 3: The authorization to allow the activities specified above shall be
temporarily exempt from City Code requiring a Land Use Certificate pursuant to Section
41-675 of the SAMC. 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 B and maybe be
amended from time to time to address property specific conditions.
Section 4. This Resolution shall be superseded by a duly enacted
Ordinance of the City Council or an Order by the Director of Emergency Services
adopted during the local emergency expressly superseding this Resolution.
Resolution 2020-055
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Section 5. This Resolution 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. If any section, subsection, sentence, clause, phrase or word
of this Resolution 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.
Section 7. EXECUTION OF RESOLUTION. The Mayor shall sign this Resolution
and the City Clerk attest and certify to the adoption thereof.
ADOPTED this 7th day of July, 2020.
Mi A. Puli o
or
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By: -. .�--L
John . Funk
Assistant City Attorney
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AYES: Councilmembers Bacerra, Mendoza, Penaloza, Pulido,
Sarmiento, Solorio,Villegas(7)
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers None (0)
NOT PRESENT: Councilmembers None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council do hereby attest to and certify the attached
Resolution No. 2020-055 to be the original resolution adopted by the City Council of
the City of Santa Ana on July 7, 2020.
-7 1
/Date: -/ - ;0
7L)
Daisy Gomez /
Clerk of the Council
City of Santa Ana
Resolution 2020-055
Page 6 of 25
Exhibit A
List of Approved City Owned Parking Lots
• City owned parking lot located at 3rd Street &Bush Street
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Resolution 2020-055
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Exhibit B
The City of Santa Ana Guide for Expanded Restaurant+ Retail Spaces
City of Santa Ana:
A Guide for Expanded Restaurant + Retail Space
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Revised July 8, 2020
Resolution 2020-055
Page 8 of 25
TABLE OF 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
Food Islands/Parklets 5
Café & Retail Zones 5
TEMPORARY OUTDOOR DINING+RETAIL ACTIVITY ON PRIVATE COMMERCIAL
PROPERTY..6 Tents, Umbrellas,and Other Shade Structures 6
MOBILE FOOD VENDING 7
TEMPORARY SALE&CONSUMPTION OF ALCOHOL 8
ADDITIONAL RESOURCES 8
EXHIBIT A: Downtown Santa Ana Business Improvement District Boundaries 9
EXHIBIT B:Outdoor Seating Area Guidelines 10
EXHIBIT C: Sample Street Closures 11
EXHIBIT D:Sample Layout of Outdoor Dining in Parking Lots 12
EXHIBIT E:Guidelines for Tents, Umbrellas,or Shade Structures 13
EXHIBIT F:Sample Layout for Mobile Food Vending 14
EXHIBIT G:Temporary Catering Authorization 15
EXHIBIT H: Flyers and Other Resources 16
Resolution 2020-055
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PREFACE
GOVERNOR NEWSOM STAY-AT-HOME ORDER
Since Governor Gavin Newsom issued Executive Order N-33-20 on March 19, 2020,
Orange County has received approval to move deeper into Stage 2 of reopening starting
June 12, 2020. Businesses including restaurants, bars,wineries, and retail are authorized
to reopen, and must abide by the safety guidelines issued by the State, CDC,and OSHA.
Read more here.
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.
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.
Restaurants using Food Islands or participating in the "Café and Retail"zones
are required to use a reservation process to prevent patrons from
congregating while waiting for service.
Businesses should thoroughly clean and disinfect all surfaces after each use.
Businesses should also provide easily accessible sanitizer for patrons and
employees.
It is strongly encouraged to test your workforce for COVID-19. No symptoms or
insurance is necessary.
Businesses should also use disposable paper menus and are strongly
encouraged to implement contactless ordering and payment processes.
Close seating at bar counters where at least six feet of distance from employee
work areas cannot be maintained.
Outdoor alcohol sales is permitted in full accordance with California
Department of Alcoholic Beverage Control (ABC)and City approved standards.
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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 continue to comply with the state order.
RESTAURANT + RETAIL RECOVERY PROGRAM
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.
TEMPORARY OUTDOOR DINING + RETAIL ACTIVITY IN PUBLIC
RIGHTS-OF- 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 Islands/Parklets)on City roads or parking lots
within Downtown Santa Ana.The City will also identify certain roadways for full road
closures(Café& 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 fora 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 , - , lt
the following requirements during this time
10111';\
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:
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Outdoor seating or sales area operations within
sidewalks and public rights-of-way shall maintain the following:
Adequate and unobstructed pedestrian flow of at least 4 feet
Access to public utilities,crosswalks, bus stops, and other required entrances/exits
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.
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.
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.
Ternporary 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.
Café & Retail Zones
Cafe and Retail Zones involve closures of portions of a street near a concentration of
Resolution 2020-055
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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.
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 Café& 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
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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 10, 36,and 41
of the SAMC. Any costs incurred by the City for removal or storage of sidewalk café 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.
TEMPORARY OUTDOOR DINING + RETAIL ACTIVITY ON PRIVATE
COMMERCIAL PROPERTY
Up to 50%of off-site private parking
spaces counted for required parking
maybe 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 'A -
distancing requirements that provide at = F
'�
least six feet spacing between tables and H`'
pathways. Additionally,no parking for disab I
retail use. See Exhibit D for a sample layout.
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.
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 E for additional guidelines on the use of tents, umbrellas, or shade structures within
public spaces.
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MOBILE FOOD VENDING
Mobile food vendors may operate within private or city-owned parking lots with the permission
of the property owner and in accordance with guidelines and regulations from the CDC, County
of Orange,and the City of Santa Ana. Mobile food vendors that are interested in vending in
private or city-owned parking lots must register with the City of Santa Ana to participate.
Mobile food vendors must adhere to the following:
• Receive written permission from the private parking lot property owner.
• If it is a city-owned parking lot, please contact Julie Castro-Cardenas, Economic
Development Specialist II from the Community Development Agency at
(714)673-3619 or William McGovern,Special Events Coordinator from the Santa Ana
Police Department at(714)647-5840.
• Maintain a valid City of Santa Ana Business License.
• Maintain a current County of Orange Health Care Agency permit for mobile food
vending and have access to restroom facilities for employees.
• Parking lots must be zoned commercial, industrial,or specific plans allowing for
commercial and industrial use.
• Each mobile food vendor may occupy a maximum parking space of 30 feet x 20 feet,
but may NOT exceed 25%of the entire parking lot. Multiple food vendors may operate
in a lot, but may not occupy more than 25%of the lot.
• May not impose on primary business use of parking requirements when open for
business.
• May not operate on a property with a competing business during business hours.
• Operate no later than 2 a.m.daily. If operating within 500'from a residential zone, may
only operate until 12:00 a.m.
• Set up 4 feet from any structure or building.
• Depending on the parking area and spaces allotted,vendors may use TWO 10'x10'
canopy and up to 4 tables maximum per mobile food vendor.
• May NOT block parking stalls for patrons with disabilities,driveways, or emergency and
designated fire access.
• May NOT create dangerous situations for pedestrians,cyclists,or motorists(i.e. blocking
visibility at corners or driveways).
• Ensure COVID-19 distance protocols as recommended by the County of Orange and
other State agencies.
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• Parking area and radius must be maintained clean at all times.
• At night, low voltage lighting may be permitted.
• No amplified noise. If operating as public nuisance, permission to operate
may be revoked.
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See Exhibit F for a sample layout for mobile food vending.
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.gov/fourth-notice-of-regulatory-
relief/
See Exhibit G for additional information on applying to ABC for temporary catering
authorization.
ADDITIONAL RESOURCES
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
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EXHIBIT A: Downtown Santa Ana Business
Improvement District Boundaries
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Resolution 2020-055
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EXHIBIT B: Outdoor Seating Area Guidelines
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Resolution 2020-055
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EXHIBIT C: Sample Street Closures
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Resolution 2020-055
Page 20 of 25
EXHIBIT D: Sample Layout of Outdoor Dining in
Parking Lots
Outdoor Dining in Private or Public Parking Lots
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EXHIBIT E : Guidelines for Tents, Umbrellas, or
Shade Structures
The following requirements shall apply to use of tents or shade structures within
public spaces:
The maximum size tents that may be placed within sidewalks and parking
spaces will be 10-foot by 10-foot.
No more than five tents that are 10x10 may be positioned side by side.
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► No staking of tents is permitted in public rights-of-way.
► All tent legs must be weighted.
► Each leg must have a minimum of 401bs.
► 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 any time.
► Heaters of any kind shall not be used under tents or umbrellas.
► Smoking is prohibited under tents and shade structures.
► 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 40Ibs or heavier
Requirements for tents larger than 10-foot by 10-foot:
Shall only be placed on private property or city parks (not sidewalks or streets)
Must comply with OCFA requirement
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EXHIBIT F: Sample Layout for Mobile Food
Vending in Parking Lots
Mobile Food Vendors
may vend on til ...k
Parking Lots
Santa Ana Executive Order 5-2020 GUIDELINES
Must Register
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CA May Not operate past
A Guide for Expanded Restaurant+ Retail Space i 2 A M if within 5 0 0' of
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2AM in non-residential
Resolution 2020-055
Page 23 of 25
EXHIBIT G: Temporary Catering Authorization
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;
5. 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.
Resolution 2020-055
Page 24 of 25
EXHIBIT H : Flyers and Other Resources
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Resolution 2020-055
Page 25 of 25